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Case 2:12-cv-08443-GW-MRW Document 40 Filed 01/11/13 Page 1 of 288 Page ID #:637 1 GOETZ FITZPATRICK LLP RONALD D. COLEMAN 2 [email protected] One Penn Plaza, Suite 4401 3 New York, NY 10119 Telephone: 212.695.8100 4 Facsimile: 212.629.4013 5 Counsel for Defendants JOHN PATRICK FREY AND 6 CHRISTI FREY 7 BROWN WHITE & NEWHOUSE LLP 8 KENNETH P. WHITE (Bar No. 238052) [email protected] 9 333 South Hope Street, 40th Floor Los Angeles, CA 90071-1406 10 Telephone: 213. 613.0500 Facsimile: 213.613.0550 11 Local Counsel for Defendants 12 JOHN PATRICK FREY AND CHRISTI FREY 13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 NADIA NAFFE, an individual, Case No.: CV12-08443-GW (MRWx) 17 Plaintiff, Judge: Hon. George H. Wu 18 v. 19 JOHN PATRICK FREY, an individual, DECLARATIONS OF JOHN CHRISTI FREY, an individual, STEVE PATRICK FREY, KENNETH P. 20 M. COOLEY, an individual, and the WHITE, AND RONALD D. COUNTY OF LOS ANGELES, a COLEMAN IN SUPPORT OF 21 municipal entity, DEFENDANT JOHN PATRICK FREY’S MOTIONS; AND 22 Defendants. EXHIBITS 23 Hearing Date: February 14, 2013 24 Time: 8:30 a.m. Courtroom: 10 25 26 Complaint Filed: October 2, 2012 27 28 DECLARATIONS IN SUPPORT OF MOTIONS 771992.1 Case 2:12-cv-08443-GW-MRW Document 40 Filed 01/11/13 Page 2 of 288 Page ID #:638 1 TABLE OF CONTENTS 2 EXHIBIT 3 Declaration of John Patrick Frey 4 Declaration of Kenneth P. White 5 Declaration of Ronald D. Coleman 6 7 “About Patterico” Blog Page .............................................................................................. A 8 June 16, 2006 Blog Post “Nonsense About First-Time Drug Offenders From Patt 9 Morrison” ................................................................................................................. B 10 August 15, 2006 Blog Post “Patterico the Predictor” ......................................................... C 11 November 16, 2006 Blog Post “Here’s That Number, Sir” ................................................ D 12 March 28, 2007 Blog Post “California Court Uphold’s Prosecution’s Right to Seek 13 High Term Prison Sentences” .................................................................................. E 14 April 1, 2007 Blog Post “Charlton Was Right To Demand Taped Confessions” ...............F 15 July 17, 2007 Blog Post “Yagman: Patterico Made Me Do It!” ........................................ G 16 October 31, 2008 Blog Post “No On Proposition 5: It Doesn’t Just Apply to Drug 17 Crimes” .................................................................................................................... H 18 November 3, 2008 Blog Post “Yes On Proposition 6: Gang Intimidation of 19 Witnesses Is A Big Problem” ................................................................................... I 20 December 17, 2008 Blog Post: “YOU Be The Judge” ....................................................... J 21 September 9, 2009 Blog Post: “Patterico Banned at the LA Times???” ........................... K 22 June 25, 2009 Blog Post: “More on the Arrested ‘Reformed’ Gang Member Alex 23 Sanchez” .................................................................................................................. L 24 September 7, 2009 Blog Post “Dumbass Federal Judges Push Release of Criminals 25 Who Are Bunked ALMOST As Tight As Sailors in a Submarine” ....................... M 26 May 28, 2010 Blog Post “Exclusive: Court Document Reveals Government’s 27 Admission That It Lacked Evidence That O’Keefe Intended to Commit 28 Felony – A Fact The Government Omitted From Its Press Release” ...................... N i DECLARATIONS IN SUPPORT OF MOTIONS 771992.1 Case 2:12-cv-08443-GW-MRW Document 40 Filed 01/11/13 Page 3 of 288 Page ID #:639 1 March 4, 2010 Blog Post “Brooklyn DA Confirms O’Keefe Posed As Pimp; 2 Friedman Lies Yet Again?” ..................................................................................... O 3 May 27, 2010 Blog Post “Brad Friedman: Press Release Confirming Well-Known 4 Fact That O’Keefe Intended to Do Undercover Sting Vindicates Me, 5 Somehow (Alternative Post Title: Brad Friedman Is a Huge Liar)” .......................P 6 March 23, 2012 Blog Post “Tommy Christopher Fails To Vet Nadia Naffe, 1: 7 Crowdsourcing” ....................................................................................................... Q 8 March 24, 2012 Blog Post “Documents From Nadia Naffe’s Discrimination Case 9 Against the RNC: The Computer That Was Never Returned” ............................... R 10 Screenshot of March 24, 2012 Blog Post “Documents From Nadia Naffe’s 11 Discrimination Case Against the RNC: The Computer That Was Never 12 Returned” ..................................................................................................................S 13 August 20, 2006 Blog Post “The O.J. Posts – Part One: Introduction”............................. T 14 August 27, 2007 Blog Post “Using People’s Summer Reading List Against Them 15 in a Criminal Trial: Not Always a Bad Idea” ......................................................... U 16 September 27, 2009 Blog Post “L.A. Times Staffer: Holding Man Accountable 17 for Drugging and Anal Rape of 13-Year-Old Child Will Take Too Much 18 $$$$” ........................................................................................................................ V 19 September 29, 2009 Blog Post “Disclaimer” ..................................................................... W 20 November 12, 2009 Blog Post “Steven Mikulan Errs on Characterization of 21 Polanski Plea Agreement” ....................................................................................... X 22 February 27, 2012 Blog Post “Lawsuit Day Approaching for Shuster and 23 Olbermann? Sure Looks That Way!!” .................................................................... Y 24 February 28, 2012 Blog Post “EXCLUSIVE: Nadia Naffe’s Testimony Against 25 James O’Keefe” ....................................................................................................... Z 26 February 28, 2012 Blog Post “The Naffe/O’Keefe Incident for Short Attention 27 Span Readers” ....................................................................................................... AA 28 March 16, 2012 Blog Post “I Am Going To Take A Deep Breath” ................................ BB ii DECLARATIONS IN SUPPORT OF MOTIONS 771992.1 Case 2:12-cv-08443-GW-MRW Document 40 Filed 01/11/13 Page 4 of 288 Page ID #:640 1 March 22, 2012 Blog Post “Questions About Nadia Naffe’s Story” ............................... CC 2 Volume 1 of Deposition of Nadia Naffe in Naffee v. Republican Party of Florida ........ DD 3 Volume 2 of Deposition of Nadia Naffe in Naffe v. Republican Party of Florida ........... EE 4 Volume 3 of Deposition of Nadia Naffe in Naffe v. Republican Party of Florida .......... FF 5 Receipt of March 24, 2012 PACER Downloads ............................................................. GG 6 PACER Page Showing Status of Exhibits To Docket Item 75 In Naffe v. 7 Republican Party of Florida ................................................................................. HH 8 March 17, 2012 Tweet By Nadia Naffe “No one put a gun . .” ...................................... II 9 Series of Tweets Regarding User @MCHBlazer ............................................................... JJ 10 February 28, 2012 Patterico Tweet “You owe . .” ....................................................... KK 11 May 1, 2012 Nadia Naffe Blog Post ................................................................................. LL 12 Twitter Direct Messages Between Nadia Naffe and Doug Stewart ................................ MM 13 Twitter Messages By Nadia Naffe ................................................................................... NN 14 March 26, 2012 Blog Post “Nadia Naffe Won’t Shut Up, But She’ll Threaten You 15 To Make You Shut Up” ........................................................................................ OO 16 17 18 19 20 21 22 23 24 25 26 27 28 iii DECLARATIONS IN SUPPORT OF MOTIONS 771992.1 Case 2:12-cv-08443-GW-MRW Document 40 Filed 01/11/13 Page 5 of 288 Page ID #:641 1 DECLARATION OF JOHN PATRICK FREY 2 I, JOHN PATRICK FREY, declare: 3 1. I am a defendant in this action and a resident of the County of Los Angeles in the 4 State of California. I make this Declaration in support of (1) my Motion to Dismiss the 5 First Cause of Action Pursuant to FRCP 12(b)(6), but, with respect to that motion, only for 6 the purpose of setting forth judicially noticeable facts or attaching documents referred to 7 and relied upon in Plaintiff’s First Amended Complaint; (2) my Motion to Dismiss the 8 Second through Seventh Causes of Action Pursuant to FRCP 12(b)(1); (3) my Motion to 9 Strike the Second Through Sixth Causes of Action Pursuant to California Code of Civil 10 Procedure Section 425.16; and (4) my Motion for an Undertaking Pursuant to Code of Civil 11 Procedure Section 1030. I have personal knowledge of the following facts and if called 12 upon to testify, would and could do so competently as follows. However, because this 13 Declaration is offered for a limited purpose, it does not include all information I know about 14 the matters referred to herein. 15 A. Blog Posts Referred To Explicitly In The First Amended Complaint 16 2. Plaintiff refers to various pages and blog posts from my blog in her First 17 Amended Complaint (“FAC”). True and correct copies of those posts are attached as set 18 forth below. My blog posts often allow comments by visitors to
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