Refutation of the disinformation about Monica Pignotti

Archive for June, 2011

Federici v Pignotti et al. Dismissal Hearing Transcript Now Available

The full March 4, 2011 dismissal hearing transcript for Ronald Federici v Monica Pignotti et al. is now available via the Citizen Media Law website and can be downloaded by going here.

The transcript shows that the case was dismissed for all named defendants (Monica Pignotti, Jean Mercer, Charly Miller, Larry Sarner, Linda Rosa and Advocates for Children in Therapy) on the grounds of jurisdiction and additionally dismissed for Mercer and Pignotti for failure to state a claim upon which relief can be granted. [Note that contrary to misportrayals elsewhere, this was not a “split decision”. The reason it was granted for only two of the defendants is that we had different legal representation that plead that way. In other words, the other defendants did not ask for the case to be dismissed on failure to state a claim, hence the judge did not consider that, as he did for us. The difference simply reflects different strategies used by different lawyers. All defendants were granted every motion for dismissal they made.]

Regarding this failure to state a claim upon which relief can be granted, the honorable Gerald Bruce Lee stated (p. 32):

The defamation claim, there’s a motion to dismiss filed by Pignotti and Mercer that does not state a claim for defamation or tortious interference with contract rights or business expectancy. I’m going to grant that motion for several reasons. First of all, as it relates to the statements themselves, I do not think that plaintiff has set forth sufficient facts connecting Mercer with any actionable statements.

And as it relates to Pignotti, I do not think that plaintiff has set forth sufficient facts to demonstrate a claim that would meet the requirements of libel under Virginia law and the Chapin versus Knight-Ridder case. The words specifically claimed are not set forth. They’re not set forth with any specificity. The dates are not set forth. They’re insufficient to state a claim.

And looking at them as a matter of substance, some of them — Exhibit H, appears to be Dr. Pignotti responding what she believes to be actions taken by Dr. Federici on her website. These matters would not be –they would be opinion. They would not be sufficient to state a claim for libel.

[Exhibit H refers to the posting I made on my blog regarding the letter Ronald Federici wrote to my Dean. A copy of that posting is available by going here. Although my Dean chose to take no action against me, stating that it was irrelevant to my work at FSU, I chose to respond to and expose what was attempted and express my opinions about this, a right that this Federal judge upheld.]

With regard to conspiracy for all defendants (p. 31):

With respect to conspiracy, there’s not enough here in terms of facts to demonstrate a conspiracy. And again, the fact that the plaintiff here is engaged in group pleading makes it impossible to tell what agreement plaintiff claims was entered into by which defendants at what time to do what against Dr. Federici.

The fact that they all have criticized Dr. Federici does not mean they’ve entered into an agreement sufficient to support a claim for conspiracy.

and with regard to tortious interference and conspiracy for Pignotti and Mercer (p. 33):

I’m going to grant the motion to dismiss as it relates to tortious interference with contract rights and expectancy because he’s not proffered sufficient facts to demonstrate that Mercer or Pignotti intentionally interfered with any contracts. The fact that he is a practicing psychologist does not in and of itself give notice to anyone else that he has contracts with particular clients or that he communicated with those particular clients. And the complaint as set forth alleges that two — I believe it was two potential clients canceled their appointments because of things that they read on the Internet, not necessarily matters that were set forth by Dr. Pignotti or Dr. Mercer.

And finally, with respect to conspiracy to injure in trade business reputation under 18.2499, this complaint does not come close to meeting the requirements of Ashcroft versus Iqbal in terms of setting forth facts that plead conspiracy in more than just conclusory terms.

So for those reasons, the motion to dismisswill be granted for the reasons just stated.

Contrary to what was stated by Dr. Federici in a response to internet critics on his website, the judge did not declare him an international public figure but instead, stated that he was not going to rule on that at this time one way or the other, stating (p. 32-33):

And I think making a judgment now that plaintiff’s counsel would have to agree that there’s a question here to be decided at some point, maybe not today, about whether or not — what standard would apply to plead a libel or slander against Dr. Federici and whether or not he’s a public figure or limited public figure given that he advertises on the Internet and on television and all these others.

But I don’t have to decide that now. But if that issue were to come up, it does appear that there would be some challenge presented to Dr. Federici to credibly assert he’s not a public figure or at least a limited public figure.

Note that there was nothing said about designating him an “international public figure” nor was any statement made about his colleagues. He appears to have based his statement that Federici could be declared a public figure on his advertising on the internet and television. It is clear from this transcript that the dismissal was not based on his being a public figure because the judge had already dismissed it on other grounds, making the issue of public figure moot where this case is concerned.

This official transcript, now public record provides with an objective record of the proceedings and I would urge anyone interested to read the entire transcript.

After the case was also dismissed for the anonymous “John Doe” defendants on June 1, 2011, this case is now officially concluded.

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More Disinformation from Anonymous WordPress Bloggers: This time regarding medical marijuana

Once again, I need to correct the disinformation from the anonymous WordPress bloggers. Ironically, although they have accused me of being a prolific poster and blogger, they are the ones who have erected numerous blogs that appear to have the sole intent of doing whatever they can to smear me as well as any of my colleagues who have been critical of various “attachment” and coercive restraint therapies. The latest is a blog devoted to the topic of marijuana although its very first and thus far, only posting appears to be one that is continuing to spread misinformation about me.

In the blog posting, they jumped to the false conclusion that because I expressed a simple statement of my opinion and position on the issue of the legalization of medical marijuana, that I am an active crusader for this cause, which I am not (perhaps this is wishful thinking on their part that I would switch causes?). While I am in favor of the legalization of medical marijuana (I do not use marijuana myself), that was a simple statement of my position. I am not, nor have I ever been, nor do I plan to engage in any kind of activism regarding that issue. I would suspect that a number of others in the social worker profession are also in favor of the legalization of medical marijuana so the bad news for the anonymous blogger is that I doubt taking such a stance will harm my reputation.

Medical marijuana has been shown to have some positive effects for people who are suffering from nausea and vomiting from chemotherapy, so if that helps someone to get through a difficult but lifesaving treatment, namely chemotherapy for cancer, that the person might have otherwise dropped out of, it makes sense to make it legally available. If it can alleviate a person’s suffering who is going through chemotherapy, why not? Legalizing it takes it off the black market and its associated crime and would help ensure that what patients obtained was not adulterated with dangerous additives that some of the illegal street versions have. That’s my opinion, for what it’s worth, but it is not a “cause” I am actively involved in. I already have my hands quite full with the current cause I am involved in, which is exposing potentially harmful and other questionable mental health practices.

Additionally, they repeated the lie that Thought Field Therapy and Voice Technology diagnoses diseases over the telephone. This is false. They have never claimed to diagnose disease. I fully repudiated TFT and VT over 7 years ago, but when I did practice, I bent over backwards to inform my clients, both in writing and verbally that I was NOT diagnosing or treating any diseases.

In TFT and VT, the word “diagnosis” was never intended to mean the diagnosis of disease, not even mental illness. The word “diagnosis” simply means a procedure that is claimed to identify which acupressure points on the body to stimulate. It is most unfortunate that Roger Callahan chose to call it “diagnosis” as it has led to much misunderstanding, but it is very clear what he means by that to anyone who actually reads about TFT. Again, this is also a procedure that I consider bogus pseudoscience, but let’s be accurate. It does not involve the diagnosis of any disease. It is claimed to “diagnose” which acupressure meridians are out of balance or perturbed and since that is what Roger Callahan believes is the root cause of all disturbances. He called it causal diagnosis, meaning diagnosis of perturbations in what Callahan called thought fields, related to meridian points. Yes, I know it is rather confusing and meaningless jargon, but it is not diagnosis of disease.

As for “zeal”, that is a term that would be best used to describe the perpetrators of the ongoing smear campaign against me that has been going on for the past two years, not my own involvement in anything. Even when I was involved in Scientology, I was a rebel, not a zealot. I continually questioned and protested abuse where I saw it and as a result was always getting into trouble. I also continually questioned things I saw with TFT that I did not agree with, much to the annoyance of some of the true believers on their list serv. So much so, that the Callahans eventually kicked me off the list serv. So no, zealot is not accurate. Once again, terms are being applied to me that would best be applied to the internet smear campaigners.

My Prediction Comes True: The propaganda continues and I continue to challenge it

As predicted, a number of the prominent mental health professionals who have signed my statement of support are now being brought into the smear campaign, the latest being the well-known social psychologist, Carol Tavris. I am honored to be in such company. Fortunately,  most of these people are established enough that the anonymous cyber smear campaigners have no power to harm them.

I continue to be very grateful to the 47 people who signed this statement of support in helping the days of the therapy guru who is immune to questioning and criticism, come to an end by adding their voices to this ongoing conversation (this is not to say that they are all criticizing and exposing the same individuals — what they have in common is that they are exposing various forms of pseudoscience and other forms of questionable practice, as well as advocating research and evidence-based practice).

[In a later posting, I elaborated on who I do and do not consider a “therapy guru”. Since those anonymous WordPress bloggers have been attempting to twist these words and interpret them in a ludicrous way that no reasonable person would, to set the record straight, I was not talking about “terminating” or doing violence to anyone  (I haven’t a violent bone in my body!)  I was talking the continuing nonviolent cause I have been involved with for the past seven years of educating and advocating for therapy consumers. I was not  “alluding” to the most recent set of questions I asked Ronald Federici and Heather Forbes. What I am talking about is bringing those days where therapy gurus are immune to questions and criticism and dissenters are silenced to an end by speaking out and being a strong advocate for evidence-based practice and critical thinking. I don’t just mean one particular therapy guru (I was using the term generically here). I mean the many therapy gurus that are still out there who cannot deal with having their claims challenged and instead launch smear campaigns against anyone who questions or criticizes or as one “cult expert” did, bring in a third person to attack me on a list serv where I had expressed a disagreement with a statement the person had made to CNN.] The message from these 47 people is that this kind of behavior is unacceptable. They way the anonymous smear campaign bloggers attempted to twist this message is only further evidence of the propaganda campaign.

That doesn’t mean that we are “demanding answers”. What it means is that therapy gurus who feel they are above answering questions will be seen for what they are by educated consumers. As Margaret Singer pointed out, one of the most telling signs of whether a mental health professional is trustworthy is the manner in which they respond to questions.

All 47 of those people have in some way made substantial contributions to ending the days when questioning a therapy guru is not allowed. And yes, anyone has the right to ask those questions, not just people within the profession. Licensed mental health professionals are here to serve the public and that means that anyone in the public, regardless of their position does have the right to question them.

Lately I am being attacked for posting to the internet of all things.  Much ado is being made over the fact that sometimes on a busy month I might average around 4 postings per day to Google Groups. These are mostly postings that take me, on average, all of 5 minutes to do, so that’s about 20 minutes per day, far less time than most people would spend on some hobby and hardly the “astonishing number” that are being portrayed.

What is happening is that some of the followers of other therapy gurus and self-proclaimed top “experts” who I have questioned and expressed disagreements with (e.g. Steven Hassan who has proclaimed himself to be America’s Leading Exit Counselor), are popping out of the woodwork, glad to see this smear campaign against me and essentially informally aligning themselves with Ronald Federici and his supporters, not necessarily with Dr. Federici’s consent and approval and not in any kind of conspiracy, but essentially they are taking his side when they pile on in this smear campaign. I have questioned Mr. Hassan’s claims that the therapy he offers to ex-cult members is superior to that of other mental health professionals, since no direct comparison studies (or even uncontrolled studies, for that matter) have ever been conducted on Mr. Hassan’s approach and yet he charges fees that are quite high for a masters-level licensed mental health counselor ($2500 per day plus $100 per hour just for travel time and $200 per hour on weekends for travel time and even higher rates for holidays). What this means is he is charging $100 per hour on weekdays and $200 per hour on weekends just to sit in what he requires to be a business class section on a plane or in an airport while traveling. Some of us are lucky if we make that amount for an entire day’s actual work and don’t get paid for any travel time, yet he makes it just for one hour of sitting on a plane in the comfort of business class. On a weekend on a coast-to-coast flight, that could amount to $1000.  How can he charge this? He has convinced enough people that what he does is very special and unique, yet where is the evidence? His infomercial-style website, lacking transparency, does not list these fees and says instead to call for fees and repeats his phone number multiple times, but the word has gotten out anyway.

I have also expressed my disagreement with Mr. Hassan for claiming that most ex-cult members need therapy to recover. Again, this seems to be a prime example of the kind of propaganda tactic described by Eileen Gambrill in a recent publication of a propaganda index. Among other issues, the article discusses as one propaganda tactic, problem framing in such a way that it medicalizes and pathologizes life problems that may be more successfully worked out by means other than psychotherapy and not labeling the person with a mental health diagnosis, as Mr. Hassan is prone to do (e.g. he labels cult members has having “dissociative disorders”). A classic propaganda tactic is to 1) claim that a particular problem is highly prevalent, without empirical support for its prevalence and 2) claim that the problem is under-treated and I would add, 3) if left untreated by so-called experts in the area (who often charge very high fees for their services) that the problem will not get better or will even get worse.

This may be good for business, but not so good for the consumers who may spend time and money in therapy that not only wastes their money that could have been put to better use and may not help, but may even do more harm than good. If a therapy is not well tested, we do not know whether it helps, does nothing, or harms. We are basically taking a gamble based on misplaced trust in authorities who market their treatments ahead of testing them to see if it works. Again, it’s the old “trust me, I’m an expert” line.

This is a prime example of what I would encourage prospective therapy clients to question when interviewing therapists or people to conduct cult interventions who, in the absence of good research, claim that their approach is superior to others. It is the clients who are hiring the therapist and have every right to demand that a therapist who is making such claims provide good, sound evidence, rather than the kinds of testimonials from “grateful” mothers and the like, that we see on Steve Hassan’s website, to support those claims. Testimonials are simply not enough.

The issue and conflict here is between therapy gurus who are offering treatments based on testimonials and self-published books who are not used to being challenged vs. the critical thinkers and mental health consumer advocates who are concerned about the welfare of mental health consumers and in essence, putting these therapy gurus and their followers on notice that their days of being immune to criticism and questioning are over. We are getting, predictably, a great deal of push back on this from people who have a vested interest in this not changing and their followers who go ballistic at the thought of any criticism of their therapy guru.

PS: For the record, it is already well known that I left and completely repudiated Scientology 35 years ago. As my account of my experience makes clear, even during the time I was involved in Scientology I was never involved in any kind of violence (as the anonymous WordPress bloggers have been implying as they once again demonstrate their inability to comprehend figures of speech). While in Scientology, I never had that kind of power and was always on the receiving end of the abuse, not a perpetrator although I never experienced any physical violence the entire time I was in. During the time I was involved that was many years before the current leader who is the one who has been alleged to be violent, came into power and I was long gone before any of that happened.

Cyberstalking Victims: Take Back The Internet

Rape victims, as consciousness was being raised have frequently staged what are know as Take Back The Night marches where they engage in a public demonstration to show their perpetrators that they will no longer allow themselves to be intimidated by them.

This blog is the cyber equivalent of Take Back The Night Marches. Victims of Cyber Abuse need to do, in essence, the same thing. The appropriate forum for this activism is where the abuse has occurred: On the internet. Posting is a valid form of activism.  Take Back The Internet and not allow ourselves to be intimidated or silenced from posting by disturbed, obsessed individuals who are intent on ruining their reputations and lives.

I hereby invite anyone else who has been a victim of cyber abuse, cyberstalking, cyber bullying or whatever you want to call it, to join me in taking back the internet. Start a blog. Start a Google Group. Put up a website. Raise people’s consciousness so they can learn about this phenomenon and stop blaming the victims and put the focus squarely where it belongs: on the perpetrators.

Cyberstalkers and bullies would like nothing better than to see the victim crawl away and silently endure the abuse. As the Take Back The Night organizers say, let’s shatter the silence.

The Google Groups Search Results Are Replicable: Anyone Can Search Google Groups and Find 1000s of Smear Postings About Monica Pignotti

The anonymous WordPress Bloggers responded to my posting of verifiable statistics of their over 1000 postings to internet newsgroups, as usual for them, by fabricating a dialogue that never occurred and focusing on the person who did the analysis. As is common for them, they raise a straw man argument. I never claimed this to be scholarly research. What it is, is a very simple search of Google Groups that one person took the time to do. What they are attempting to obscure is that these are verifiable statistics. Anyone who cares to take the time to do a search of Google Groups for postings about me under the pseudonyms listed and will find the same thing. It’s rather hypocritical for them to put an emphasis on the anonymity of the poster when they themselves are performing their smear campaign as anonymous individuals.

My “astonishing” number of postings (which even on the highest months, average only around 4 per day = about 15-20 minutes per day of my time) would not exist, were it not for 1000+ postings smearing me. Unlike my postings, the smear postings sometimes include fancy graphics and dredged up postings from more than a decade that would have taken the cyber smear campaigners much time to dredge up. It seems that attacking me is a full time job for someone. It only shows the extent of the smear campaign which is quite “astonishing” to borrow the ridiculous term used to describe my self-defense. Astonishing attacks call for astonishing responses rather than the victim sitting passively back and doing nothing. Once again, the anonymous WordPress posters have tried to blame the victim and failed.

That will not change the verifiable results that anyone with internet access can verify which conclusively shows that I am indeed the target and the victim of an anonymous internet smear campaign.

Perhaps this most recent flood of attacks on me and attempting to reverse things is deigned to distract from the legal documents I recently found regarding the conclusion of Federici v Pignotti et al. Why is it that Federici’s former lawyer who represented him in Federici v Pignotti et al was, according to what he stated in the filing,  unable, despite repeated attempts to reach him? Why did he state that he believed he could no longer ethically continue to represent him in any matter? Your guess is as good as mine, but obviously I have hit a nerve, in spite of the attempts of the anonymous smear bloggers to portray this (which involves a Federal case and order from a Federal judge) as well as my posting on the passage of important anti-SLAPP legislation in Washington DC as “legal trivia”. I can assure you that this is not “trivia” to those of us who have been hit with such lawsuits, nor is a federal case trivial.

This is only part of what I have uncovered in recent public records searches I have conducted.

In the meantime, the support I have received from the mental health profession and academic community shows that such people are not gullible enough to be fooled by this anonymous smear campaign, will not blame the victims and instead are calling the anonymous posters out on their antics.

To Date More than 1000 Postings by the Perpetrators of the Smear Campaign Against Monica Pignotti

Predictably, those other WordPress bloggers are at it again, in an  all too obvious attempt to reverse things, are attempting to reframe the smear campaign against me as some kind of internet obsession on my part. That is akin to calling the victim of rape, a sex addict. Here is an example of their propaganda tactics. Let’s see if we can identify what they leave out. They write:

She seems to post more less the same thing, a rather obsessive account of a lawsuit, to a fantastically diverse of discussion groups. Her topic is largely irrelevant to most of them, for example, she posts to groups about Scientology (she is a former Scientologist, but this court case has nothing to do with Scientology), children, cooking, skepticism, astronomy, revisionism, shortwave radio, law (here her posting may be relevant), the United States, and Pakistan.

This is not an attempt to justify what I do. I have no need to do so. Rather, my intent here is to set the record straight. What they neglect to mention is that these are all groups on which the internet smear campaigners have originated postings about me.  Someone recently did an informal analysis of these postings and found more than 1000 smear postings about me. The smear bloggers attempted to misportray this as a citation that requires some sort of statistical expertise. No, it does not require a PhD, a peer reviewed submission or any kind of complicated statistical knowledge. It is simply a Google Groups search that anyone can verify this by performing the same searches in Google Groups on the pseudonyms listed below. That’s what is really going on that the anonymous WordPress smear bloggers failed to mention. Those postings attacking me were, indeed on the “upswing”. Here is what was found. Remember, these are postings made by the perpetrators of the smear campaign:

The extent of the Usenet/google groups campaign against Monica Pignotti, is clearly extensive.

I have identified 1002 posts which may be attributed to the following posters/e-mail addresses.  There are undoubtedly more addresses from which postings take place, additional user names employed and further

postings by the user names identified in the following data which I have not detected.

The postings are predominantly, single thread headers, with no replies. My very rough calculations put this at above 90% of the posts I have encountered. The majority of posts which are replied to, are those made to the alt.religion.scientology group. Any person wishing to subject the following information to statistical analysis is free to do so.

Although there are a large number of groups to which postings are made, and some variations between different posters, there is a clear pattern of groups to which these posts are made. Those variations that  do exist, give the impression of the ‘elaborations of a bad liar’ to quote Clarice Starling.

The close co-relation between the groups, different user names have targeted, suggests strongly that there is a single agenda in the postings made.

The significance of this is that either the postings are made by one individual, or a relatively static group working within a single policy agenda.

Monica can not be said to be being targeted as a result of a widespread popular agenda. But ONLY, (I’d like to emphasise only more) as a part of a single focused attack.

Candidates include a ‘nut Job’ and, given her critical opinion of certain child treatment, and education styles favoured by the church of scientology, that church sits very definitely in the frame as a potential culprit.

Please note that in the following data each individual post will frequently have been posted in multiple groups.

POSTER SANDAU CHIROPRACTIC SERVICES

e-mail smilax_san@yahoo.com

Known Posts re Monica Pignotti          3

Known Groups posted in re Monica Pignotti

alt.religion.scientology

re.radio.shortwave

alt.revisionism

POSTER DIDACTICDERIVAT@YAHOO.COM

e-mail didacticderivat@yahoo.com

Known Posts re Monica Pignotti          46

Known Groups posted in Monica Pignotti

alt.religion.scientology

alt.slack

misc.health.diabetes

rec.puzzles

sci.lang

sci.med

sci.med.diseases.hepatitis

sci.skeptic

soc.culture.indian

soc.culture.singapore

soc.culture.singapore

soc.culture.usa

soc.culture.usa

soc.men

talk.politics.misc

POSTER NOAUTH

e-mail a@remailer.gabrix.ath.cx

Known Posts re Monica Pignotti          39

Known Groups posted in Monica Pignotti

alt.religion.scientology

soc.culture.usa

POSTER ANNE ONNIME

e-mail   anonym@rip.ax.lt

Known Posts re Monica Pignotti          271

Known Groups posted in re Monica Pignotti

alt.adoption.issues

alt.conspiracy

alt.fraud

alt.politics

alt.politics.republicans

alt.religion.islam

alt.religion.scientology

alt.revisionism

alt.slack

comp.lang.java.security

misc.invest.futures

misc.invest.stocks

misc.legal

rec.crafts.marketplace

rec.food.cooking

rec.music.misc

rec.radio.shortwave

sci.astro

sci.electronics.components

sci.electronics.repair

sci.lang

sci.math

sci.psychology.misc

sci.skeptic

soc.culture.british

soc.culture.china

soc.culture.europe

soc.culture.french

soc.culture.german

soc.culture.greek

soc.culture.italian

soc.culture.japan

soc.culture.jewish

soc.culture.lebanon

soc.culture.nordic

soc.culture.pakistan

soc.culture.russian

soc.culture.taiwan

soc.culture.thai

sci.med

soc.culture.usa

POSTER  GEORGE ORWELL

e-mail nob@mixmaster.it

Known Posts re Monica Pignotti          189

Known Groups posted in re Monica Pignotti

alt.conspiracy

alt.education

alt.magick

alt.recovery

alt.religion.mormon

alt.religion.scientology

alt.slack

misc.invest.futures

misc.legal

rec.arts.sf.written

rec.crafts.marketplace

rec.food.cooking

sci.electronics.repair

sci.skeptic

soc.culture.german

soc.culture.japan

soc.culture.pakistan

POSTER    ANONYMOUS

e-mail  cri@ecn.org

Known Posts re Monica Pignotti          124

Known Groups posted in Monica Pignotti

alt.clearing.avatar

alt.religion.scientology

alt.slack

misc.invest.futures

misc.invest.options

misc.legal

rec.bicycles.misc

rec.crafts.marketplace

rec.food.cooking

sci.electronics.repair

sci.math

sci.skeptic

soc.culture.greek

soc.culture.pakistan

soc.culture.palestine

soc.culture.usa

POSTER  NOMEN NESCIO

e-mail  nob@dizum.com

Known Posts re Monica Pignotti          261

Known Groups posted in re Monica Pignotti

Nomen Nescio

nob@dizum.com

alt.baldspot

alt.clearing.avatar

alt.conspiracy

alt.fraud

alt.religion.islam

alt.religion.scientology

alt.revisionism

alt.slack

alt.support.depression.manic

alt.true-crime

ec.radio.shortwave

misc.invest.futures

misc.invest.stocks

rec.crafts.marketplace

rec.food.cooking

rec.music.misc

rec.radio.shortwave

sci.electronics.repair

sci.lang.japan

sci.math

sci.med

sci.skeptic

soc.culture.china

soc.culture.europe

soc.culture.french

soc.culture.german

soc.culture.greek

soc.culture.iranian

soc.culture.italian

soc.culture.japan

soc.culture.lebanon

soc.culture.pakistan

soc.culture.polish

soc.culture.turkish

uk.misc

POSTER  KULIN REMAILER

e-mail  remai@reece.net.au

Known Posts re Monica Pignotti          69

Known Groups posted in Monica Pignotti

alt.conspiracy

alt.religion.scientology

alt.revisionism

alt.slack

comp.lang.java.security

misc.invest.stocks

misc.kids

misc.legal

rec.food.cooking

rec.music.misc

rec.radio.shortwave

sci.astro

sci.electronics.components

sci.skeptic

soc.culture.british

soc.culture.french

soc.culture.german

soc.culture.greek

soc.culture.indonesia

soc.culture.israel

soc.culture.lebanon

soc.culture.malaysia

soc.culture.pakistan

soc.culture.usa

Now come again, who is obsessed?

I had the choice of sitting passively by and allowing this to happen or fighting back. Just as rape victims of the past were told to be passive and submit or that the rape is their fault (still true in some countries even today), victims of cyber smear campaigns are also told this even sometimes by people who should know better. I tried silence and not responding for several months and it did not work. The smear campaign continued, so I decided to fight back. The smear campaign has been constant against others such as Larry Sarner and he has remained silent, showing that his silence failed to stop the abuse of his name. My responses were my way to point people to information that refutes this disinformation campaign, so when some unsuspecting person comes upon them on an internet search, they can at least be referred to information on why this smear campaign is occurring. It is the smear campaigners that “seem to post on the same thing” about me so of course, my responses are repetitive. There is nothing wrong with repetition to refute a smear campaign.

Perhaps the most ludicrous statement is the claim I am “obsessed” with lawsuits and “legal trivia”. I am not the one who has sued multiple parties repeatedly. I have never sued anyone in my life. Just check into Ronald Federici’s history of suing people and decide for yourselves who is obsessed. Interesting that they would characterize this lawsuit as “legal trivia” when before it was dismissed, for months before the lawsuit was ever filed, the Anonymous WordPress bloggers were calling it a History Making Lawsuit, had a WordPress blog by that title and have failed to update that blog to show that it was dismissed and upon what grounds (jurisdiction and failure to state a claim upon which relief can be granted for Pignotti & Mercer). Instead, interrogatories and subpoenas that were never served for depositions that never occurred because the case was dismissed prior to that phase, remain posted last I checked, which was today. How dishonest is that? Obviously the bloggers did not consider it a trivial matter — until the case was dismissed, it would seem. Then, all of a sudden “history” was rewritten and it became a trivial matter. Talk about revisionism. I can assure you that it is not considered “trivial” for those who see it as an injustice that people have to pay thousands to defend themselves from such lawsuits and in states without anti-SLAPP legislation, have very little, if any, chance of being reimbursed for thousands in legal expenses just to get it dismissed at an early stage.

While I am not a fan of adding yet more categories of pathology to the DSM and I am not intending this as a diagnosis for anyone in particular (they have more than enough already) if I were, I might suggest as new category, Litigation Addiction, for people who seem to be compelled to repeatedly sue others. Now that would make an interesting reality show Dr. Drew Pinsky might want to consider doing: Celebrity Rehab: Litigation Addiction. Just as the drug-addicted celebrities were ordered to delete all drug contacts from their cell phones and stay away from bars, litigation-addicted participants could be ordered to delete the names of all lawyers from their cell phones and stay away from courtrooms. How about it, Dr. Drew? [I’m being facetious, of course, but some people do seem to be using the legal system as a hoped-for solution to many of their interpersonal conflicts or a way to shut up anyone who criticizes them.]


Federici v Pignotti et al: Officially Terminated for All Defendants Including John Does

As I have previously noted, on March 4, 2011 the Honorable Gerald Bruce Lee of Eastern District Court of Virginia, aka the Rocket Docket, granted the Motions to Dismiss filed for all named defendants in Federici v Pignotti et al: Monica Pignotti, Jean Mercer, Charly Miller, Linda Rosa, Larry Sarner and Advocates for Children in Therapy.  The official order was issued on March 28 and 30 days later, the appeal period expired, thus concluding the case for all named defendants.

However, there was one more loose end to tie up: the John Does 1-10. These were the anonymous defendants Federici believed existed. Of course, since they were not named, they were not served and hence, could not file Motions to Dismiss. Thus, on May 11, 2011 the judge issued an order to Plaintiff Ronald Federici to “show cause as to why this civil action as to John Does 1-10 should not be dismissed” and was ordered to respond within 20 days.

20 days later, Domingo Rivera, on behalf of Ronald Federici filed a Motion to Dismiss for the John Does, without prejudice.  The Memorandum stated:

Despite multiple attempts, counsel has been unable to reach Plaintiff regarding the Court’s May 11, 2011 Order. Additionally, due to certain events not directly related to this litigation, counsel does not believe that he can ethically continue representing Plaintiff in any matter, including the instant case. Granting Federici’s Motion to Dismiss Without Prejudice will allow Federici to seek alternate representation so that he may later continue to prosecute this matter against the remaining defendants.

Full document can be viewed here:

Memo MTD John Does

What does this mean and why was he unable to be reached? Since the memo gives no reason and events in question “not directly related” were not specified, your guess is as good as mine and anything further I could offer would be only speculation, so I won’t.

What is factually certain is that on June 1, 2011, the judge granted the Motion to Dismiss for the John Does and the case is now officially concluded and terminated for all concerned. The fact it was dismissed without prejudice with regard to the John Does means that he will have the opportunity to refile against the “remaining defendants” meaning the John Does if he should decide to seek “alternate representation” and do so.

My understanding of this is that since the case was dismissed for the named defendants on jurisdiction, any John Does identified would have to be Virginians or individuals who had ties to Virginia which the named defendants did not.

The Dismissal Order for the named defendants on the grounds of jurisdiction for all named defendants and failure to state a claim upon which relief can be granted for Pignotti and Mercer can be viewed here.

Case closed June 1, 2011.

PS: Although geographically very close (Eastern District VA is literally across the river from DC), this wouldn’t have helped me with the VA case, but here is some good news on the anti-SLAPP legislation front. Washington DC has just passed some quite extensive anti-SLAPP legislation.

The new D.C. statute falls on the more protective end of the spectrum of anti-SLAPP laws.  It permits a special motion to strike in lawsuits stemming from acts “in furtherance of the right of advocacy on issues of public interest,” which includes both petitioning the government and addressing issues of public interest in a public forum.  It also provides a special motion to quash to those whose personal identifying information is being sought via subpoena, should that information be sought in a matter arising from an act in furtherance of the right of advocacy on issues of public interest.

What we ultimately need to protect everyone in all states is legislation like this at the Federal level. This, however, is a big step forward.

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