Gilmore v. Jones, et al. News

It’s been about two years since Brennan Gilmore filed a defamation suit in the U. S. District Court in Charlottesville, Virginia, against Alex Jones and a non-related group of defendants. Earlier this year, the judge ruled against most of the defendants’ motions to dismiss (Allen West’s motion was granted), and all but one of the remaining defendants then filed motions for reconsideration or for an interlocutory appeal to a higher court to resolve disputed matters of law. Those motions were fully briefed, so the court scheduled a hearing to consider them on 5 September. However, the court gave notice last week that it would rule on the motions based on the written briefs and that the hearing was cancelled.

Since the briefs were filed, the Fourth Circuit Court of Appeals has issued a ruling that bears on when a district court must certify a question for an interlocutory appeal. The lawyer representing several of the defendants had planned to bring that ruling to the court’s attention during the hearing. Because he will no longer have that opportunity, he has filed a motion to be allowed to supplement his brief.

Schmalfeldt Assists Alex Jones

Not directly, but quite ironically.

Let me explain.

I’ve been remiss in keeping up with my reporting on the Gilmore v. Jones, et al. defamation LOLsuit filed in the U. S. District Court in Charlottesville, Virginia. Brennan Gilmore took the cell phone video of a car ramming into a crowd of protestors in Charlottesville that was posted on Twitter. He is suing Alex Jones and others, claiming that their comments about him and his connection to the event he recorded were defamatory.

IANAL, but it seemed to me that the existing case law would lead the judge to dismiss the case. However, he denied most of the motions to dismiss, allowing the suit to go forward against most of the defendants. Because the judge’s ruling appears to be at odds with case law, the lawyers representing a group of defendants which includes Alex Jones have filed a motion seeking either reconsideration of the ruling or permission to file what is called an interlocutory appeal of that ruling. An appeal would allow the Fourth Circuit to rule on the matter before any significant time and resources are spent on discovery and, perhaps, a trial. Aaron Walker, the lawyer representing a second group of defendants, has filed brief supporting the Jones, et al. motion. (Disclosure: I work with Aaron as a paralegal on First-Amendment-related cases.) Two of the cases he cites in his brief are Schmalfeldt v. Grady, et al., No. 4:17-cv-01310 (D.S.C. 2017) and Schmalfeldt v. Johnson, et al., No. 15-CV-1516 (E.D. WI. 2016).

So it may be that Bill Schmalfeldt’s ineptly conducted pro se lawfare will provide support for the dismissal of a suit against Alex Jones.

Heh.

Gilmore v. Jones News

Gilmore v. Jones, et al. is the LOLsuit filed by Brennan Gilmore against Alex Jones, Infowars, and others which seeks damages for defamation and emotional distress. IANAL, but Gilmore’s claims seem to me to be patently bogus, and I find it troubling that he is being represented by lawyers from a civil rights clinic at a law school. You’d think such folks would be pro-First-Amendment.

The pushback has begun. The lawyers for Alex Jones, Lee Ann McAdoo, Inforwars, and Free Speech Systems have filed a motion to dismiss.

I’m pleased to see Mark Bailen among the lawyers representing these defendants. He represented Breitbart Holdings in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.

I’ve been in contact with a lawyer representing some of the other defendants. I expect the there will be another motion to dismiss on the docket before the end of the week.

Stay tuned,