Rakofsky Case – The Sanctions Motions (Updated)
This is an update on the matter of Rakofsky v. Internet. Your familiarity with the facts will be assumed, but if you need a primer, you can read through the various posts tagged Rakofsky. There are 13 motions to dismiss that are pending. Or you can use the Google.
As previously noted, I am both a defendant and local counsel. Since I am counsel, I won’t add substantive commentary to the filings since I don’t like to use this blog to discuss pending matters.
In November, the American Bar Association moved for sanctions. That motion is currently returnable January 17, 2013. Returnable, in this case, simply means that is the day for final submissions. There won’t be oral argument on that, or any other matter, unless the judge specifically asks for it.
This is the ABA submission and Rakofsky opposition:
ABA-ReplyAffirm-Jones (added 1/16/13)
ABA-ReplyAffirm-Dale (added 1/16/13)
ABA-ReplyMemoOfLaw (added 1/16/13)
ABA letter to court responding to Rakofsky, dated 3/20/13 (added 3/21/13)
Our group of 35 defendants, represented by Marc Randazza, just made our own motion, also returnable January 17th. These are the filings so far:
Exhibit A – Transcript of June 28, 2012 hearing on motions to dismiss
Exhibit B – Letter Judge Hagler July 1 – Rakofsky letter explaining why negligence claim was not duplicative of defamation claim
Exhibit C January 3, 2012 order, denying plaintiffs’ motion as “incomprehensible”
Exhibit D Marc Randazza’s June 17, 2011 reply affidavit in support of his motion for pro hac vice admission and extension of time
Exhibit E The April 1, 2011 transcript in United States v. Deaner, Criminal Action No. 2008-CF1-30325 (D.C. Superior Ct.)
Exhibit F The March 31, 2011 transcript in United States v. Deaner, Criminal Action No. 2008-CF1-30325 (D.C. Superior Ct.)
Exhibit G Joseph Rakofsky’s March 31, 2011 Facebook status update, which reads “1st-Degree Murder…MISTRIAL!”
Exhibit H Redacted copy of October 6, 2010 e-mail to an investigator in the Deaner case, wherein Rakofsky uses the word “trick” (commonly referenced as the “trick e-mail”)
Exhibit I Rakofsky’s June 9, 2011 e-mail to Michael Doudna, submitted as an exhibit to Doudna’s motion to dismiss and motion for sanctions
Exhibit J Rakofsky web ads from Connecticut, Washington DC and New Jersey
March 6, 2013 Update- new filings this week
Minutes of April 8th Oral Argument, (added 4/22/13)
Decision and Order (April 29, 2013) (Motions to dismiss granted; motion for sanctions denied)