Refutation of the disinformation about Monica Pignotti

Posts tagged ‘Federal Lawsuits’

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.

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.]


Tag Cloud