“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