13 December 2007

KingCast omnibus pleading post for Franconia shooting tragedy RSA 91-A Right-to-Know/FOIA case: KingCast v. NH AG Kelly Ayotte et al.

This post will serve as the update link for all of the pending filings and their dispositions. There are revisions to items 2 and 3, which is appropriate in part because Petitioner caught Defendant Ayotte trying to hide her failure to timely respond to Citizen John P, as noted in the comments. Also check the Thin Blue Line redux.

1. Memorandum Contra Defendant Ayotte's Motion to Quash Deposition.
2. Memorandum Contra Def. Ayotte's Motion to Dismiss.
3. Motion for Partial Summary Judgment against Def. Ayotte.
4. Memorandum Contra Franconia Defendants' Motion to Dismiss.
5. Motion for Partial Summary Judgment against Franconia Defs.
6. KingCast Affidavit of Bad Faith by Defendant Ayotte.

1 comment:

Christopher King said...

H. As to the emails from John P., Plaintiff cites Kean v. NASA, 480 F. Supp. 2d 150 (2007). and notes that the particular email Defendant failed to produce is the most strident one from him on 7 July, 2007 and Defendant cannot show that they responded within 5 days to his request, and he stated in the email unequivocally:

Date: Sat, 7 Jul 2007 11:57:01 -0400
From: "John D. **********"
To: kelly.ayotte@doj.gov
Subject: 5/11 FRANCONIA - RIGHT TO KNOW
CC: governorlynch@nh.gov, mailbox@gregg.senate.gov, mailbox@sununu.senate.gov, kingjurisdoctor@yahoo.com

THE BELOW HAS BEEN SENT TO YOUR OFFICE THREE TIMES SINCE JUNE 29th AND AS OF YET I HAVE RECEIVED NO RESPONSE.... Attachment 5.

He states: “….Please direct me to where I might be see a full and complete list of "ALL" material, documents, statements and any and all evidence …..”

With such in mind, Petitioner has standing to sue over that matter and is entitled to Judgment as Defendant has shown no Affidavit indicating compliance with RSA 91-A. See EW Smith Publishing v. Town of Windsor, 386 F. Supp. 2d 374; 2005 U.S. Dist. LEXIS 19948; 34 Media L. Rep. 1222, (S.D. NY 2005) “media organization has the First Amendment right to gather news and receive speech. It is also recognized that under certain circumstances media outlets have standing to challenge a policy that restrains the speech of others, if that policy interferes with the media's own right to gather news and receive speech.

See, e.g., United States v. Simon, 664 F. Supp. 780, 786 (S.D.N.Y. 1987).” Accord Ctr. for Pub. Integrity v. United States HHS, 2007 U.S. Dist. LEXIS 56172 (D.D.C. Aug. 3, 2007)(not published)