Wednesday, February 6, 2013

Defamation Hearing in Probate Court


Everyone is asking me about my defamation case and I don’t have time to respond to you all individually.  I’m not sure what happened?  I am going to stay on top of it this time but here’s the gist:

My attorney responded with a motion to dismiss and wants a trial date for the Citizen’s Participation Act.  Janna Dutton hired a law firm to represent her or them.  The law firm responded with their own personal spin (on my life story) and we waited for the trial date to be set.

Throughout the summer and fall my case was in Chancery Court waiting for Judge Preston to assign it a date - it was up for case management three times before he sent it back to Probate Court.  Around Christmas, Dutton’s attorney petitioned the court again (and I forgot why but I’ll read my file to fill in these blanks) but no one seems to understand why Judge Preston would send it to Cesario?  It’s a big mystery.

Yesterday, we all went to court.  I went because I have a copy of a letter that Janna Dutton faxed my attorney stating that Judge Cesario will order my websites to come down, that she’ll protect her ward against me.  (I will find the letter and put the exact language that Dutton used later.)  So, I went because I would like to meet her.

Needless to say, Judge Cesario is absolutely lovely.  She explained that Ludwig’s file went missing a few weeks ago and was holding up a hot pink paper that ordered the case to be moved to Chancery Court.  She was pointing to Judge Coghlan’s signature.  She wanted to know where Janna Dutton was?  That’s when her attorney spoke up (who is a very nice young man) and told her that he was retained.  My attorney told Judge Cesario that he filed a motion to dismiss, that he didn't attend the case management hearings because he was waiting for a trial date to be assigned and some other things.  Then Judge Cesario asked Dutton’s attorney what he said to Judge Preston?  She wanted to know why it was on her desk?  He told her that he asked Preston for a trial date which is why (I suppose) she got it back?  She apologized to us for the mix up, explained to Dutton’s attorney that he needs to fill out another hot pink form moving the case to Chancery then explained to me and my attorney that it’s going to be a lengthy process because it has to go through the hands of many head judges for reassignment.

So, I’m thinking I should have a new court date in about three-four weeks.  I gather from yesterdays hearing that Dutton’s attorney asked Judge Preston three times to go to trial and after the third time, he sent it to Probate?  Like I said, it's a big mystery.

Changed my game plan on this one so......

2 comments:

  1. How fortuitous for the defendants to have the case go on this long with such a big estate to bill.

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  2. Suing me is a pretty big clue as to what they're after. Why not just write me a letter and ask me to remove my sites if they weren't out to profit off an elderly man through a defamation suit?

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