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)
DANIEL PARISI, )
WHITEHOUSE.COM INC., )
WHITEHOUSE NETWORK LLC, )
et
WHITE HOUSE COMMUNICATIONS INC., ) Civil Action
) No. 1:10-cv-00897-RJL
)
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Plaintiffs )
v. )
)
JEFFREY RENSE, )
or
LAWRENCE W. SINCLAIR a/k/a Larry Sinclair, )
BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC.,
BOOKS-A-MILLION, INC., and
SINCLAIR PUBLISHING, INC.,
at )
)
)
)
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Defendants. )
)
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Plaintiffs Opposition to Amazon s Motion for Summary Judgment (Dkt. No. 61) ( Parisi
Resp. ), Plaintiffs Statement of Disputed Material Facts (Dkt. No. 61-5) ( SDMF ), and
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Declaration of Richard J. Oparil (Dkt. No. 61-1) ( Oparil Decl. ), that rely on an
For the reasons set forth in the attached Memorandum of Points and Authorities,
the excerpt is not competent or admissible evidence, and is not permissible under
Fed.R.Civ.P 56(e)(1).
et
Respectfully submitted,
.n
_/s/___________________
John Longstreth, # 367047
Jenée Desmond-Harris, # 982624
or
K&L GATES, LLP
1601 K St. NW
Washington, DC 20006-1600
at Ph: 202.661.6271
Fax: 202.778.9100
Stephen A. Smith
ul
Mathew J. Segal
Kari L. Vander Stoep
K&L GATES, LLP
eg
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Case 1:10-cv-00897-RJL Document 73 Filed 11/01/10 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Defendant
et
Motion for Summary Judgment was served this 1st day of November, 2010 via the
Court s Electronic Case Filing ( ECF ) system. I understand that notice of this filing
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will be sent to all parties by operation of the Court s ECF system.
or
__/s/_______________________
at John Longstreth
ul
eg
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Case 1:10-cv-00897-RJL Document 73-1 Filed 11/01/10 Page 1 of 4
)
DANIEL PARISI, )
WHITEHOUSE.COM INC., )
WHITEHOUSE NETWORK LLC, )
WHITE HOUSE COMMUNICATIONS INC., ) Civil Action
et
) No. 1:10-cv-00897-RJL
)
Plaintiffs )
.n
v. )
)
JEFFREY RENSE, )
LAWRENCE W. SINCLAIR a/k/a Larry Sinclair, )
or
BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC., )
BOOKS-A-MILLION, INC., and
SINCLAIR PUBLISHING, INC.,
at )
)
)
Defendants. )
ul
)
eg
Motion for Summary Judgment. Plaintiffs introduce what they claim to be an excerpt of an
alleged July 19, 2009 website posting by Defendant Lawrence Sinclair. The excerpt reads as
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follows:
This evening I received a pdf file from a website where the Obama bloggers admit that
they have been spamming Barnes & Noble website with fake reviews and rating the book
as low as possible to try and prevent people from ordering the book.
In this same file these same Bloggers have admitted to trying to find back door entry
into another individuals blog (which by the way is also known as hacking ) which has
been sent to the owner of that website.
Case 1:10-cv-00897-RJL Document 73-1 Filed 11/01/10 Page 2 of 4
I have forwarded to the legal department at Barnes & Noble and Amazon.com the pdf file
as well. I welcome honest reviews based on having actually read the Book. Sadly the
Obama people do not know what honest anything is, and the pdf file this evening
demonstrates that in living color.
I am pleased that both Barnes & Noble and Amazon.com have the Book, Barack Obama
& Larry Sinclair: Cocaine, Sex, Lies & Murder?
et
Posted By Larry Sinclair at 9:12 PM 0 comments Links to this post
(http://theregulator.net/?p=4732; Decl. ¶ 29).
Parisi Resp. at 20; SDMF ¶ 17; Oparil Decl. ¶ 29. Plaintiffs assert in their briefing that this
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excerpt is evidence that Amazon.com played some role in the creation or development of
or
electronic promotional content pertaining to the Sinclair book. Parisi Resp. at 20-21.
should be stricken because there is no showing that the Sinclair website posting is authentic or
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that it would be competent or admissible evidence. Plaintiffs simply provide the block quote of
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the alleged website posting. There is no demonstration in the Oparil Declaration that Sinclair
was the author of the alleged posting. F.R.E. 901 ( [t]he requirement of authentication or
support a finding that the matter in question is what its proponent claims ). Nor could there be,
since Plaintiffs counsel is not a competent witness to establish the authenticity of this excerpt.
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Fed. R. Civ. P. 56(e)(1); Stuart v. Gen. Motors Corp., 217 F.3d 621, 636 (8th Cir. 2000) (stating
that [t]o be considered on summary judgment, documents must be authenticated by and attached
to an affidavit made on personal knowledge setting forth such facts as would be admissible in
evidence or a deposition that meets the requirements of Rule 56(e) and that [d]ocuments which
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Case 1:10-cv-00897-RJL Document 73-1 Filed 11/01/10 Page 3 of 4
that page 20 of Plaintiffs Opposition brief (Parisi Resp. at 20), Paragraph 17 of Plaintiffs
Statement of Disputed Material Facts, and Paragraph 29 of the Oparil Declaration all should be
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stricken as unauthenticated and inadmissible.
Respectfully submitted,
.n
_/s/___________________
or
John Longstreth, # 367047
Jenée Desmond-Harris, # 982624
K&L GATES, LLP
at 1601 K St. NW
Washington, DC 20006-1600
Ph: 202.661.6271
Fax: 202.778.9100
ul
Stephen A. Smith
Mathew J. Segal
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Fax: 206.370.6177
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Case 1:10-cv-00897-RJL Document 73-1 Filed 11/01/10 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Memorandum of Points and
Motion for Summary Judgment was served this first day of November 2010 via the Court s
et
Electronic Case Filing ( ECF ) system. I understand that notice of this filing will be sent to all
.n
or
_/s/_______________________
John Longstreth
at
ul
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Case 1:10-cv-00897-RJL Document 73-2 Filed 11/01/10 Page 1 of 3
)
DANIEL PARISI, )
WHITEHOUSE.COM INC., )
WHITEHOUSE NETWORK LLC, )
WHITE HOUSE COMMUNICATIONS INC., ) Civil Action
et
) No. 1:10-cv-00897-RJL
)
Plaintiffs )
.n
v. )
)
JEFFREY RENSE, )
LAWRENCE W. SINCLAIR a/k/a Larry Sinclair, )
or
BARNES & NOBLE, INC., )
BARNESANDNOBLE.COM LLC, )
AMAZON.COM, INC., )
BOOKS-A-MILLION, INC., and
SINCLAIR PUBLISHING, INC.,
at )
)
)
Defendants. )
ul
)
eg
[PROPOSED] ORDER
This matter having come before the Court on Defendant Amazon.com, Inc. s Motion to
Strike Portions of Plaintiffs Opposition to Amazon s Motion for Summary Judgment, and upon
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consideration of the Motion, the response thereto and the entire record in this matter, it is hereby
#
Case 1:10-cv-00897-RJL Document 73-2 Filed 11/01/10 Page 2 of 3
of Plaintiffs Statement of Disputed Material Facts, and Paragraph 29 of the Oparil Declaration
__________________________
The Honorable Richard J. Leon
et
United States District Judge
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or
at
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Case 1:10-cv-00897-RJL Document 73-2 Filed 11/01/10 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Proposed Order on
Motion for Summary Judgment was served this first day of November 2010 via the Court s
et
Electronic Case Filing ( ECF ) system. I understand that notice of this filing will be sent to all
.n
or
_/s/_______________________
John Longstreth
at
ul
eg
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