“Based on the foregoing considerations, the motion to dismiss and for partial summary judgment filed by the defendants (doc. 16) is due to be GRANTED IN PART and DENIED IN PART. The motion to dismiss and for partial summary judgment is due to be DENIED as to the plaintiff’s claim of intentional infliction of emotional distress. The motion to dismiss is due to be GRANTED as to plaintiff’s invasion-of-privacy claim, and that claim is due to be DISMISSED WITH PREJUDICE.”
So how did Lin Wood and Beth Holloway win? In this quote: “Based on the foregoing considerations, the motion to dismiss and for partial summary judgment filed by the defendants (doc. 16) is due to be GRANTED IN PART and DENIED IN PART. The motion to dismiss and for partial summary judgment is due to be DENIED as to the plaintiff’s claim of intentional infliction of emotional distress.”
I am still reading through the court’s 33 page opinion but wanted to get this up for all of you that have been following the tragedy of Natalie Holloway and now her mother’s lawsuit against the National Enquirer.
I have also downloaded ALL of the Motions that led to the Court’s decision today, or those with exhibits not filed under seal. Ken and I will be working tonight to get ALL of the up for you to read.
One of our favorite attorneys and his law firm has struck another win on behalf of the small guy, or as Dan Rather put it the “voice for the damned”.
L Lin Wood is representing Natalee Holloway’s Mother Elizabeth Ann “Beth” Holloway in a lawsuit against the National Enquirer. The Original Complaint filed June 20, 2012 stated; [this] “Complaint for the tort of outrage and invasion of privacy arises from the publication of false and horrific headlines, statements, photographs and articles by American Media, Inc. and The National Enquirer, Inc. …The headlines, statements, photographs and articles were an attempt by Defendants to profit off the tragic and still unresolved disappearance of Natalee Holloway (“Natalee”) and the plight of her mother, Plaintiff Elizabeth Ann [“Beth”] Holloway (“Holloway”).”
“Defendants’ conduct in publishing these false statements and accompanying manufactured photographs has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and is to be regarded as atrocious, and utterly intolerable in a civilized community. Furthermore, by publishing these false and disgusting statements and photographs, Defendants intentionally and maliciously intruded into Holloway’s emotional sanctum.”
For those of us that heard about Natalee Holloway on the news during the summer of 2005; the Original Complaint has interest in that it outlines the sadness of Natalee Holloway. Natalee was a beautiful intelligent young woman, just graduating from high school with her whole life ahead or her on a school trip to Aruba.
“…Natalee Holloway (“Natalee”), was one of about 120 students from Mountain Brook High School in Birmingham, Alabama, who took a senior class graduation trip to the island of Aruba in May 2005. …The students began their trip on May 26, 2005, and were scheduled to
return to the United States on May 30, 2005. …At approximately 1:30 a.m. on the morning of May 30, 2005, Natalee was last seen entering a car with Joran van der Sloot, Deepak Kalpoe and Satish Kalpoe. …Natalee failed to meet her classmates for their return flight to the United States. …Despite repeated searches of Aruba and its waters, neither Natalee nor Natalee’s remains have ever been located.” …As time passes, the probability that Natalee is dead increases. …”
“…In June of 2011, seeking some closure in his daughter’s disappearance, Natalee’s father filed paperwork seeking to have her declared dead. …Natalee was declared legally dead in January of 2012, but her body has never actually been found. Thus, whether she is actually dead is still unknown.”
“…[“Beth”] Holloway disagreed with her ex-husband’s decision to have Natalee declared dead and has been quoted as saying that she “will always hope and pray for Natalee’s safe return”. …continues to work tirelessly to learn of her daughter’s fate. …The false and outrageous articles and photographs graphically describe the purported despicable treatment of Natalee’s corpse”.
Think about that, they kissed their daughter good-bye for a trip thousands of teens take every summer. Not only do they not have closure, a body to bury, a grave to place flowers on or to go to and pray, but Joran van der Sloot remains in the news. For those that buy rag mags as I call them, a publication is still raking in money over this tragedy.
Then of course is the tragedy of Joran van der Sloot murder of Stephany Flores on the 5th anniversary of Natalee Holloway’s disappearance and now Natalee is presumed dead. What a celebration huh?
In that case Joran van der Sloot was ordered by a three-judge panel in Lima Peru to pay $75,000(59,000 Euro) in reparations for the “cruel” and “ferocious” murder that took place exactly five years to the day after the disappearance of Natalee Holloway in Aruba. I am assuming that is the money paid by Holloway’s mother through a FBI sting. The court in Peru made a recent ruling that Joran van der Sloot CAN BE EXTRADITED TO THE USA sadly however, only after “…he serves the 28 years he received in the murder of Stephany Flores. Under Peru’s laws Van Der Sloot release might be sooner than later. Due to time already served, the judges said Van Der Sloot’s sentence would end in June 2038. But under Peru’s penal system, Van der Sloot could become eligible for parole after serving half of the sentence with good behavior, including work and study. Van Der Sloot could be freed sometime in his late 30s if paroled after serving half of his 28-year sentence.” That equates to approximately the year of 2020.
Then add the sick fact Joran van der Sloot has decided to appeal that 28 year sentenced because his lawyer “lied to him”, WTH, I guess he could spot a fellow liar? If it could not get any sicker than all of that the latest rumors is some woman is about to marry him in prison, don’t even get me started on jail house “groupies”.
We are going to cover this case because; 1. It is in a federal court so I can get the papers which is a prerequisite for the majority of trials we cover here on Rose Speaks.com; 2. It deals with a teenagers tragic death and apparent murder; 3. L Lin Wood is involved and all of us here at Rose Speaks.com enjoy the lawsuits Mr. Wood takes on; and 4. Will the Holloway family find any new clues or have closure finally?
The only immediate problem in this lawsuit I see is what is the statue of limitation for libel and/or defamation in Alabama? Here in Texas I believe it is one year, if you know what it is in Alabama please let us know! However, Beth Holloway is suing for “tort of outrage” and “invasion of privacy”, which probably does not follow the same rules of th statue of limitation for libel and/or defamation.
As many of you know we have closed the forums here at Rose Speaks.com as we just did not have the time to do a good job moderating it for all of you. We are glad to announce that we have paired up with The Parenting Channel.com to carry a lead in to any of the cases we cover that has anything to do with a child or teen. We are ecstatic to have been able to do this. So lead in-ins for our blog articles will appear on The Parenting Channel’s blog and a section of The Parenting Channel Community has been set up on any trials we cover of children and/or teens. I encourage all of you to join both the blog and the forums, it is going to take off where Rose Speaks.com left off after the Anna Nicole Smith and Casey Anthony trials It’s big roll out as an interactive site is schedule for September 14, 2012 with a contest where you can win a gift certificate
John’s guest tonight is television and movie personailty Donna D’Errico; who graciously understood when John was suddenly called away just minutes before the show was to start last Thursday, January 19th. Donna will be catching John up on her recent health problems, how she is doing and did she find a doctor who could help her. There is also a rumor about a producer that has called D’Errico FAT?????
Donna D’Errico is beautiful, educated, and funny; all a great combination for a perfect fit with John.
Since leaving Baywatch, D’Errico appeared in numerous independent films as an ensemble cast member alongside actors such as Colm Feore, Jennifer Tilly, and Andie MacDowell.
To learn more about Donna keep up with her on Face Book:
Donna plans a trip to Turkey next year to climb Mount Ararat and search for Noah’s Ark. Donna just completed filming a documentary for the Discovery Network chronicling her training and preparations to climb Mount Ararat and search for Noah’s Ark. Before going on to search for Noah’s Ark, Donna will join in the search for 48-year-old Donald MacKenzie, a missionary from the small town of Stornoway Scotland who disappeared on Mount Ararat in September, 2010 while searching for Noah’s Ark. MacKenzie has been missing ever since, and foul play is suspected. MacKenzie’s family needs closure, so Donna is launching a major search for him in August 2012. August and September are the only two months out of the year when Ararat can be climbed and searched on the north side, where Donald disappeared; and where Ark searchers focus their attention on as the most likely place where the Ark now rests.
D’Errico is due to appear in an upcoming HBO film about 9/11 filiming is to start this month.
Donna is also developing and producing a cooking show from her southern roots with her sister, Alabama style!
Telephone lines are always open to call in, join in the discussion or ask questions of John and his guest, Donna D’Errico at 818-572-8030 long distances charges do apply.
Join us tonight for this top panel of experts and call in and be part of the discussion. Comment telephone lines are always open to call in throughout the one hour show at 818-572-8030 (long distance charges do apply). We encourage you join in the discussion.
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Paula Jones and I had an amazing “reunion” the other night after 13 years of not seeing one another, because she moved to Arkansas after Jones v Clinton was thrown out. We did keep in touch in other ways though. She sent me an email a month ago alerting me that she would be coming to LA and wanted to see me. Going back in time, you remember her, the woman who sued President William Clinton for Sexual Harassment, and of course I being the man who did her high profile makeover during her tete a tete with Clinton? We even flew together to the deposition of then President Bill Clinton and, boy, what a ride that was for me, as I am sure for her as well, too! Those scandals can change one’s life overnight, and sometimes forever!
Well, here we are present day 2011. President Obama is having a birth certificate dilemma courtesy of Mr. Donald Trump, who might be running for the upcoming presidency. I hear Rosie O’Donnell said that “The Donald” should stay on his Apprentice show and not enter the ring for President because he doesn’t support gay marriage equality, Oh My! Then you have all these tornadoes hitting parts of the Midwest and practically leveling Tuscaloosa, Alabama and killing almost 200 people; my prayers go out to the family’s who have lost loved ones.
Well, April 27, 2011, Paula and I had our long awaited and overdue “Reunion”! When we first saw one another we squealed with joy and hugged! Paula and I were friends during the scandal and remained all these years later. Paula looked just like she did back in 1998, and she said I haven’t changed a bit either! After we hugged and looked at one another, we preceded to walk, hand in hand, through the enchantingly beautiful Grove Mall, you know, the place where they film Extra!, the entertainment program hosted by Mario Lopez?
It was a summer-type evening and the weather cooled down to a comfortable temperature. At one point of our walking thru The Grove, more towards The Farmer’s Market end, and we were surrounded by paparazzi. Paula and I did “our thing” for the camera’s and then decided to have dinner at Marmalade Cafe. The paparazzi continued to shoot us while we were seated at our table. Of course TMZ was there! LOL! Tmz asked us about Donald Trump for President and Paula and I together said “4 thumbs up!”, and put our thumbs up!
During our dinner, Paula and I, and her friend from Arkansas who came with her as well, were chatting up a storm! Paula and I would laugh so hard because Paula would start laughing at me saying “Daniel, you are just like me” referring to “my vanity” when the camera’s were around. I carry a “puff” in my back pocket to keep the shine off my forehead, shiny forehead’s are not that attractive in pics, LOL! Anyway, Paula and I were discussing a “secret project” we’re are planning on doing together, but I cannot tell you what it is about, besides, she may even appear on my reality show! Shhhh!
One of the photo agencies actually placed our “Celebrity Sightings” reunion photos right next to Kate Middleton’s photo, Prince William’s Bride to be! I even chatted the paps about the upcoming Royal Wedding!
Paula really is a fun woman. She makes you feel comfortable and relaxed. There is no pretense with her. Paula and I always got along well, even back when. This reunion, we were going to “kick our heels up” and have a blast for once, considering during the scandal, we couldn’t.
At one point during dinner, I told Paula that a Dancing with the Stars contestant, Chris Jericho, that was kicked off last week had just walked by, and she was like “Daniel, Where?!” It is fun to people watch at The Grove, you never know who you will see!
After dinner, I told her let’s go to Katsuya, a famous Sushi Restaurant and Bar on Hollywood and Vine. Katsuya has a lot of famous people that go there like: The Kardashians, Rhianna, Jay Z, Eva Longoria, just to name a few. When we arrived at the valet out front of Katsuya, we got pummeled by paparazzi again! I just stood up out of the car, and Bam!, Paparazzi everywhere! And again TMZ was there! Paula and I were surrounded by videographer and paparazzi taking our pictures and asking us questions about every current topic, including our “secret project” that we both blatantly laughingly said “It’s confidential right now”. We were at Katusya to go to the bar and checkout the “cool crowd” but it seems it was us! LOL! Joking of course! Jake Pavelka and Claudia Jordan also were at Katsuya! Paula and I were seated at the bar and took in the room. I noticed a lot of people looking at us through the sides of their eyes.
We stayed a bit at Katsuya and chatted more about our “secret project” and how our lives have changed and so on. Paula and I love to laugh and joke with one another. This is why it is fun to be with her. Some people may find her offensive because of her Clinton wrangling but after knowing Paula, she is the sweetest woman.
When we decided to leave Katsuya, the paparazzi was filming us already while we were inside the bar through the glass doors and side windows. I wasn’t aware until Paula said, “Oh no Daniel, there they go again!” I quickly poofed up her hair; we started laughing and exited down the entrance steps. The paparazzi didn’t miss a beat! Paula did say something sweet about the tornadoes and sounded very caring. The paparazzi even surrounded the car and kept shooting until we pulled off. I opened my window and in a faux southern accent said to the paps, “Bye Y’all!”
It really was a wonderful evening being with my good friend, Paula!
Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site. Diamond Girl runs that entire section don’t hesitate to contact her to make suggestions on how this forum is more user friendly.
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Australian reporter Eamonn Duff has a great artcle that will be in the Sunday edition of The Sun-Herald Here are some of the key parts I found fascinating.
DRIVING along Hollywood’s Sunset Boulevard in a Bentley, Ryan Bowman was revelling in his new-found multimillionaire status.
Several weeks earlier the Australian entrepreneur had sold his mobile phone marketing firm, mConnect, for $8 million.
Having relocated to Los Angeles after his success as Australian distributor of US soft porn franchise Girls Gone Wild, he probably thought life couldn’t get much better. In hindsight, it would never be the same again.
A life cut short … Lauren Ann Freeman.
….The fashion design graduate was thrown 15 metres and died on the roadside – not that Mr Bowman knew that. He fled the scene and abandoned his vehicle, which was discovered several hours later, 2.5 kilometres away with the engine still running.
Police believe alcohol may have been a factor but whether they can confirm that is unclear. The 34-year-old Canberra Grammar School old boy did not turn himself in to police until 4pm the next day…
…The Sun-Herald discovered the Australian lying low at a Venice Beach hideaway, having enlisted celebrity lawyer Blair Berk to defend him.
In turn, Ms Freeman’s parents, Donna and Steve, have hired private detective John Nazarian, a former California cop, to uncover possible skeletons in Mr Bowman’s closet.
Mr Nazarian dubbed Mr Bowman an ”arrogant scumbag”.
”I, personally, have taken more care after hitting a squirrel than what this guy did [with Lauren],” he said. ”There’s no excuses. I don’t care how you cross the t’s or dot the i’s. The appropriate thing would have been to stop and make sure this girl was as comfortable as possible in her last minutes, her last breaths.”
A Sun-Herald investigation has found that Mr Bowman was living a roller-coaster existence long before the crash. In 2007 his Sydney company Zeal Entertainment bought the Australian rights to Girls Gone Wild – a US adult entertainment company that peddles soft-porn movies featuring inebriated girls engaging in sex acts.
…In 2006 he and business partner Rob Hoath launched mobile phone services company mConnect. The company has become a global success, distributing content to carriers including Foxtel, Vodaphone and Orange in more than 30 countries.
After months of negotiations, Mr Hoath and Mr Bowman recently landed their biggest contract to date – with Spanish football giants Real Madrid. The agreement makes mConnect the official developer of the club’s worldwide mobile application services, featuring star players such as Cristiano Ronaldo.
However, while the deal was being assembled, Mr Bowman was juggling a major mess in South Africa – where mConnect was being prosecuted by a wireless regulatory watchdog over a Girls Gone Wild phone application that between February and May extracted money from mobile customers without consent…
…Despite that episode, mConnect attracted an $8 million takeover bid from surgical technology firm Medic Vision.
Mr Hoath would not speak last week but Medic Vision executive chairman Jitto Arulampalam said the controversy in South Africa and Mr Bowman’s problems in Los Angeles were unlikely to jeopardise the deal.
”There will be a resolution at our AGM for shareholders to approve that transaction and to date I have received nothing but positive feedback,” Mr Arulampalam said.
In Los Angeles a sheriff’s office spokesman said a heavier charge could be laid in January when blood test results had returned and Mr Bowman was due back in court…
…A Girls Gone Wild spokesman said all ties had been cut with Mr Bowman ”nearly a year ago”.
We will be keeping up with both Nazarian and Eamonn Duff’s coverage of this horrible “accident”. However, my first thought on this is why would anyone abandon an expensive Bentley in Hollywood with the motor still running? Perhaps Bowman thought it would be stolen giving him the perfect alibi?
We have Heath in Australia and will be asking her to keep close tabs for us on this horrendous crime as well as other ones coming out of Australia in the coming weeks.
Then there is the Honeymoon Killer, Gabe Watson and a question of why doesn’t double jeopardy apply to Watson and the continuing downward spiral of the U. S. Criminal Justice system.
An Article about Gabe Watson and what is going on in Alabama with that fiasco as well as my Sunday Political Op-Ed will be up tomorrow, Watson’s predicament might be up tonight with my thoughts on the WTH is going on with the U. S. Justice system, and the have and have nots and the manner each is treated.
Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.
We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL