Dismissal Sought in Jonathan Reich vs Patch.com Lawsuit

Dismissal Sought in Jonathan Reich vs Patch.com Lawsuit

Patch.com: The lawsuit features three huge fatal defects: It is years past New York's Statute of Limitations, it fails to state a legal claim, and it fails to well-plead facts that are allegedly defamatory.

Jonathan Reich is suing Patch.com, a media source.   The ridiculous frivolous lawsuit alleges defamation for seven articles published in the Farmington Patch and Avon Patch.

The Patch has punched back with a Motion to dismiss, Request for sanctions, and allegations of possible ethics violations on the part of Reich's attorney.

Obviously, Patch.com is a news source and the reporting of arrests are privileged.

According to Patch.com lawyers, the lawsuit features three huge fatal defects: It is years past New York's Statute of Limitations, it fails to state a legal claim, and it fails to well-plead facts that are allegedly defamatory.


Patch.com's full motion, including request for sanctions, attorney fees, and dismissal are below.

Update:  Hoaxer Shills shill for Cash 
 The reason for the frivolous lawsuit comes clear as hoaxer shills begin yet another fund raising drive off their perpetual cash cow, Jonathan Reich.    Hoaxers announce that this lawsuit (in New York) will expose Sandy Hook and their cult like sheep open their wallets.  Obviously, during the fundraising tour, the completely fail to tell their viewers that a dismissal motion is pending and that the case is barred at law.

The hoax fundraiser is called "Attention Please: Make a Difference in Sandy Hook Truth". The hoax is, of course, pretending the lawsuit has anything to do with Sandy Hook.

Shilling for cash for wealthy Jonathan Reich

As of now, the shills have down well lining their pockets with cash - one night's take shows their wallet getting fatter:

Hoaxer Stalker Account Impersonates Orlando Pulse victim "Angel Colon"

Typical of Tony Mead's Sandy Hook Hoaxers, a victim stalker account  was used to make the announcement of Jonathan Reich's Patch.com lawsuit

The stalker account used to announce the lawsuit is named "Angel Colon" and illegally impersonates Orlando Pulse Nightclub shooting victim Angel Colon. Sandy Hook Hoaxers, including "HowISeeIt" and his followers relentlessly stalked and harassed the shooting victim.    Some of the harassment endured by Orlando Pulse victims from hoaxers was covered here:
http://sandyhookanalysis.blogspot.com/2016/06/orlando-shooting-hoax-fundraising-by.html

The stalking account matches the MO of serial impersonator, ZeeRoe3.  ZeeRoe3 admitted to impersonating Reich to cause people to Defame Reich (a crime) and ZeeRoe is also impersonating Sandy Hook Facts.

Tony Mead wasted no time in seizing upon the stalker account to make the official Sandy Hook Hoaxer announcement.  Mead failed to mention anything to his followers about the true status of the case.

Jonathan Reich's Patch.com Defamation Lawsuit

Since the documents were not available thorough New York e-Court until today it would seem unlikely the documents shown in the "Angel Colon" Stalker account video came from anyone other than Jonathan Reich himself.

Statute is Blown
The most obvious defect of Reich's lawsuit is the statute of limitations.  New York, like most places, has a one years statute on defamation claims. The articles at issue were written in  2013. Why would an attorney file a suit in the face of a blown statute? The mind boggles...

Fair Report Privilege
Despite the immature ad hominem attacks in the Complaint filed by Reich, The Patch is a news source and has Fair Report privilege.

Suits such as this are an attack on the First Amendment of all of us. One wonders why hoaxers attack the First Amendment so vociferously.

Full Review of Suit Coming if Need be
Sandy Hook Facts closely monitors and reports on all Hoaxer legal actions and of course will closely monitor this lawsuit as information develops.   The lawsuit has been reviewed  and that will be presented at a later time, if need be.

Even if the statute wasn't blown, it appears the lawsuit pleads with no specificity the defamatory claims and is quite obviously ripe for the "failure to state a claim" motion..  Plaintiff has demanded voluntary dismissal, in hopes of saving Plaintiff some attorney fee sanctions.  Plaintiff's attorney demand was apparently ignored, according to counsel.

Reich's attorney dodges Defense attorney
Patch.com's attorney has filed for dismissal claiming, among other things, that Plaintiff's attorney is not responding to calls or emails.  Patch.com is asking for sanctions. This type of behavior from an attorney would not be good faith and could be a serious ethics violation.

Patch files for Dismissal and For Sanctions
Patch.com has already filed for a dismissal of the highly defective lawsuit.  A review of those documents is onging.

Ethic's Violation Possible
Defendant's allege Reich's lawyer is ignoring the correspondence of a fellow attorney; this is a potential serious ethics violation.

Jonathan Reich is a public interest story and figure - SLAPP
The lawsuit completely fails to address the fact Jonathan Reich is a clearly a public figure in regards to Sandy Hook and other conspiracy theories he has spoken about publicly  (such as Virginia Shooting).  His arrest was high profile and widely published nationwide in numerous publications nationwide due to the high public interest surrounding Sandy Hook and the Jonathan Reich case.

In addition to Reich's own videos and several of his high profile published interviews (Including Max Resistance and Caravan to Midnight), Jonathan Reich has countless articles and videos published about him by Sandy Hook hoaxer community itself, proving the high public interest in the case.  He has been covered extensively by popular  blogs such as MemoryHole and by Jim Fetzer.  Reich is definitely a public figure within the "Sandy Hook shooting" interest community, by his own public appearances and by public interest in the case.

Entire websites, such as "HartfordCommunityCourt.com" are dedicated to Jonathan Reich.

It is very odd Reich's lawsuit would completely leave this out, since his higher "public figure" standard would need to be met to prevail in the suit itself. Do they hope no one notices? It is very strange case of Jonathan Reich, indeed.

The lawsuit is a prime example of why all states (and the Feds) need free speech protecting Anti-SLAPP laws (Strategic Lawsuit Against Public Participation).

Sandy Hook Facts is based in California and California leads the nation in protecting free speech with anti-SLAPP laws.  When Wolfgang Halbig attempted to infringe on Sandy Hook Facts' free speech, he was defeated in court. Wolfgang Halbig owes Sandy Hook Facts about $25,000 for his failed attempt.

He will soon owe Sandy Hook Facts much, much, more.

" However,  a  complaint  pervaded  with  legal  conclusions,  and  devoid  of  any  factual  

allegations of underlying wrongful conduct, for which a plaintiff seeks to hold defendants liable, 

is not entitled to the benefit of favorable inferences usually accorded on a pre-answer motion to 

dismiss"

Is the lawsuit of a hoax?
Permit me this muse.  With the propensity of hoaxers to impersonate others and the complete refusal of Plantiff's alleged counsel to respond in any way to the Defendant's attorney, not to mention the complete frivolousness of the case, I can't help but wonder if the case itself is a hoax.

Of course, the lawsuit is likely legit; however, I would not be surprised to learn Patch.com has just been hoaxed by hoaxers impersonating Plaintiff's attorney Nick Wilder.  After all, hoaxers are called hoaxers for a reason.  In general, Hoaxers lie, cheat, and at every turn. This may be the case here.

Sanctions looming
The court will likely award thousands of dollars to Patch.com in attorney fees. I doubt this is any concern to wealthy Reich.

Even with thousands of dollars of sanctions are at stake here, Reich appears bolstered by an unending supply of cash.   Remember,  Reich spent about $50,000 to drag out a lowly misdemeanor case for over three years. Who else would do that?  It's beyond comprehension.  Take your plea, pick up some trash, go to a couple of counseling sessions, keep your nose clean, and go on with your life!  That, apparently, is not the way Reich rolls.  He goes the route of spending lots on attorneys.

 I always wondered why he sought donations through Sandy Hook Justice and other fundraisers with his obvious ability to toss cash around for nothing.

Hearing set
A hearing has been set in the case for Patch.com's motion on 10/28/16.

References
NY Supreme - Civil
https://iapps.courts.state.ny.us/webcivil/FCASSearch

Summons and Complaint:
https://document.li/35Xu

Defense Motion to Dismiss
https://document.li/Y3hR

Memorandum of Law in Support of Dismissal
https://document.li/hmd6

Dismiss
https://document.li/82ZM