05 December 2010

KingCast Rule 11 Safe Harbor Notification to Defendants on Free Press and Racial 42 U.S.C. §1981 claims in KingCast v. Friends of Kelly Ayotte, GOP, Nashua PD NH Dist. 2010-CV-501.

KingCast note: This will be sent to Defendants later today after a final review and a rip around the block on the 650R. I love winter riding, it's a hoot except you can't lean too far or too hard 'cos you got bricks for tyres :)There comes a time in every lawyer's life when they realize that they are in over their heads, yet they stay steadfast and often even dig in their heels.

We've all done it, but I'm going to be the bigger lawyer in this instance and lead the way toward an enlightened future. Wherefore I am going to dismiss my claim of False Arrest because it is too attenuated to argue that I was arrested because I was not free to remain on the premises, even though I was detained for several moments. If I see any other claims that are too attenuated I will excise them accordingly.Meanwhile you have your responsibilities in this regard as well, and that means taking an honest look at your Motions to Dismiss on the Free Press and Race claims.  You need to realize that you can't file a Motion to Dismiss to shirk your Discovery obligations when there is Good Law from another Federal Jurisdiction covering the subject matter, as the existence of such law in and of itself gets me past a Motion to Dismiss and into the realm of Summary Judgment and/or Trial on the merits. I know for fact that you all read this blog so you were charged with Constructive Notice of these cases already, but I am now  placing you on Actual Notice of two cases in particular:
1.  NAACP v. Thompson,  648 F.Supp. 195 D.Md.,1986
2. Williams v. Le Crewe De Spaniards2009 U.S. Dist. LEXIS 4852  

....and of the entire journal entry of 3 December, 2010 entitled:

Defendants file Motion to Dismiss Free Press lawsuit, KingCast v. Kelly Ayotte, NH GOP and Nashua PD, NH Dist. 2010-CV-181, and the seven (7) attendant comments relative thereto. I hereby certify that I have made no changes to that journal entry nor will I, with the exception of additional comments 8 et seq. bur for our purposes here today, comments 1-7 provide all of the information you need to realize you are engaging in frivolous conduct. Thompson made clear the material distinction between your Kay case and mine, being that the NAACP and I were not attempting to participate in the rally but rather to observe and report and Williams made clear the fact that offering and attempting to get tickets is precisely the type of situation contemplated by remedial Civil Rights Statute 42 U.S.C. §1981.

Therefore I will be filing a Motion for Time Extension per Local Rule 7.2(a) later today or Monday Morning, relative to my response to your Motions to Dismiss to give you time to think things over such that we don't waste precious time and Judicial resources.


Christopher King said...

We know Courts grant Sanctions against big name Defense Firms about as often as I could hit a winner past Roger Federer, but that's not going to stop me from stating the obvious:

Motions to Dismiss against the race and Free Press claims are completely frivolous.

-The KingCaster.

Christopher King said...

And as it turns out, since those Motions are frivolous as to those claims they are frivolous as to the rest of Plaintiff's Pendant claims. The Rule 11 Motion is going up by 8:30p.


Christopher King said...

As Kelly Ayotte's "hero" Bruce McKay's personal license plate read:


-The KingCaster.

Christopher King said...

As anticipated, we are getting into the shit now. Here is my response to City Attorney Brian Cullen's email this morning:


You can disagree all you want Counselor, but the bottom line is you don't have a case on point in this jurisdiction, NAACP v. Thompson is the ONLY case on direct point in any of the circuits that any of us could find, and Courts routinely cite law from different circuits when issuing opinions, you and I -- and everybody in the legal World knows that. I already admitted it isn't BINDING, but the fact that there is indeed PERSUASIVE law on point in the Federal Circuit inherently means that a Motion to Dismiss is...... frivolous. I could potentially see your point if Kay wasn't trying to participate in the rally and you had a case on all fours in NH but we are not here to engage in revisionist history.

Moreover, it is not just Thompson, but the companion case of Invisible Empire of the Knights of the Ku Klux Klan, Maryland Chapter v. Town of Thurmont, MD. 700 F.Supp. 281 (1998) (at leagle) that addresses this exact same scenario and you cannot get away from that at this Court -- well maybe at this Court you can given its predilection for tossing Civil Rights cases -- but certainly not at the next.

And may you not lose sight of the fact that I filed my case under the United States Constitution and the New Hampshire Constitution, so the Court is compelled to conduct inquiry as to the state of the law as I have described.

Also, are you going to look me in the eye and tell me that an offer to purchase tickets is contemplated by 42 U.S.C. §1981 in Alabama but not in New Hampshire? Please.

As such, I am going to correct a few typos and file my Rule 11 Motion and Memorandum and Request for Extension of Time on Defendants' Motions that I clearly stated I would do as soon as I receive word from the other Defendants that they concur with you.

Then I will let Judge Barbadoro do his thing and note the record accordingly to preserve any and all issues for Appeal to the First Circuit and SCOTUS.

In the alternative, I'll make this offer:

The Parties agree to Petition the Court for a Special Hearing on the limited issue of conflicting law and the 42 U.S.C. §1981 claims. If the Court, after such hearing, decides that he agrees with Defendants he can issue his Order of Dismissal right then and there and we can get on to the Next Court, which will then turn around and send it right back.

I'm not here to waste time or engage in any worthless pleadings.

Very Truly Yours,

Christopher King, J.D.
http://KingCast.net -- Reel News for Real People