5) Johnny Monsarrat, Founder and CEO of Monsarrat, Inc. , who previously founded and ran MMO company Turbine (Lord of the Rings Online), will talk about Massively Multiplayer Real World Gaming, a mixture of AR and MMO, the basis for a new company he’s founded.
The current issue of Somerville Scout, which is hitting a lot of snail-mailboxes today, has this short item on page 7, under the heading W&L: WINNERS
A crew of citizen journalists, including "100 John and Jane Does" from Davis Square's LiveJournal, deserves props for fighting a $5.5 million libel lawsuit filed by Jonathan Graves Monsarrat who was upset by the message board's comments about his 2010 arrest involving underage teens. Fortunately, the case was dropped without prejudice.
Actually, it was dismissed with prejudice, meaning it can't be filed again. I used this form to ask Scout to correct the item before they put it online.
from TechDirt.com: Jonathan Monsarrat Drops Ridiculous Lawsuit Against Online Commenters (a followup to their May 17 story)
Popehat.com may also publish a followup story soon. If they do so today, I'll edit it into this post; otherwise, I'll make a new post when it comes out.
My awesome lawyer Dan Booth has just informed me that Jonathan Monsarrat's lawyer has filed a Notice of Voluntary Dismissal With Prejudice. This means that the case is OVER, against all defendants, named and unnamed, Doe and Buck alike. "With Prejudice" means that it can never be filed again, against any of us, for any statement in any of the exhibits that were attached to the complaint.
Johnny Monsarrat and his lawyer tried several times to reach a settlement agreement with Dan and me, but for various reasons we ended up rejecting each proposal. In the end, he has simply given up, without any mutual agreement, public or private.
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ETA: If Johnny had not voluntarily dismissed the lawsuit today, Dan Booth was ready to file this motion to dismiss and this supporting memorandum on Monday. (The supporting memo is the more interesting document.) It would be a shame for Dan to go to all that trouble and not be able to share his work, so I'm linking it here with his permission, for your legal edification.
I'm pleased to report that the Journal's parent newspaper chain, GateHouse Media, is standing behind Deb. Her lawyer (or at least, one of them) is Zachary C. Kleinsasser of the law firm Greenberg Traurig.
Mr. Kleinsasser just sent this letter to Monsarrat's lawyer Mark Ishman, demanding that Ishman dismiss the lawsuit against Deb by 5 pm on Thursday, May 30. If Ishman does not agree, Kleinsasser intends to seek sanctions against Ishman for filing a "transparently frivolous action".
Kleinsasser's letter also accuses Ishman of negotiating "in bad faith". He says that Ishman originally agreed to dismiss the complaint against Filcman if GateHouse provided evidence that Filcman had been a GateHouse employee during February and March 2010.
After GateHouse produced the requested records, Ishman then allgedly reneged on the agreement, demanding that GateHouse remove Filcman's two blog posts: Will I be arrested? Guess the wheel didn’t answer that one (February 4, 2010) and Not a question best answered by the wheel (March 8, 2010). Ishman is also demanding that GateHouse change the headline of another published article not written by Filcman: Somerville Police bust Question Wheel creator's underage drinking party (February 4, 2010). Kleinsasser says that GateHouse cannot agree to any of these demands.
(because it's too brilliant and funny to be lost forever.)
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I haven't been named or threatened in the LMD (yet), and I don't mean to make light of the anxiety that it has caused in our community. In particular, if you have taken something down or remained silent thanks to JonMon's toolbox of intimidation, I want you to know that I think no less of you for it. Every situation is unique, and we all have our limits of what we can deal with right this minute. My limit is high right now, so I'm standing up.
Likewise, I respect the opinions of those who have counseled caution or outright silence. I disagree with some of your key points, and I feel that some of your arguments apply better to people who are more concerned with anonymity than I am, or who cannot afford to risk an extended legal fight. The bottom line for me is this: One of the basic functions of any community is to sound a warning when a predator is around. If we're not sure the law can handle that, then it's time to get out and push.
This song is about JonMon's Lawsuit of Mass Destruction, and it is sung to the tune of "Charlie on the M.T.A." Permission is hereby granted to $verb this song, for all values of $verb, for every human being on planet Earth with the exception of Jonathan Graves Monsarrat. No permission of any kind is willingly granted to Mr. Monsarrat. In case he hadn't noticed, that's what happens when you are in the habit of excreting on your community.
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- Here's an update regarding the lawsuit against me. (Normally I would post this to Davis Square LiveJournal, but LJ is so hosed right now that I am not able to post anything to it at all.)
Jonathan Monsarrat's lawyer, Mark Ishman, has reached an agreement with my lawyer, Dan Booth, to extend the deadline for filing a response to his lawsuit. The deadline will now be June 10 instead of May 20. My lawyer will file this agreement with the court by the original deadline of May 20.
The delay is intended to buy time to resolve this matter amicably. Meanwhile, my lawyer will continue to prepare his motion to dismiss the case.
Ishman was unaware that his client was sending out Doe Letters and Doe E-mails, until a lawyer for one or more of the Does contacted him. Ishman said he never authorized his client to send any of these, and he promised to restrain his client from sending any more of them. Ishman also promised my lawyer that JonMon will no longer send out press releases, and will not visit anyone's house (even while at the same time denying that his client had done this already).
[ Ron is having trouble posting to LiveJournal due to the problems they're having today, but I've been able to post today and he said to go ahead and post so let's see if this works. ]
If they don't voluntarily drop the case (which they probably won't), Dan Booth will file a motion for dismissal on Monday, using mostly the same arguments that are in this letter. He may also move for sanctions against Monsarrat's lawyers "for bringing bad faith claims."
He gave me full permission to put this letter online and to distribute it in whatever way I see fit. Feel free to point other people at it or to distribute it further.