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"Gondelman, Larry"
to dickie_richards@[UNDISCLOSED].com
date Jul 20, 2007 3:51 PM
subject Request regarding article posted on your website.
I am counsel for Mr. John F. Bisney. Mr. Bisney wrote and posted an article on your Internet site about Ms. Kathleen A. Benz, a former friend of his. The article written by Mr. Bisney contains false statements concerning Ms. Benz that Ms. Benz, in a lawsuit pending in federal court in the District of Columbia, claims are libelous. The article appears at http://talkwarrior.com/2005/06/mary-carey-republican.html
On behalf of Mr. Bisney and with the approval of the Court (see the Order of Judge Sullivan, attached hereto), I am contacting you to request that you immediately remove this story from your website and take all steps necessary to remove the article from your Internet site and to ensure that no one performing a search of any type can locate, access, or retrieve the article.
If you have any questions about this matter, please feel free to contact me. In addition, I would ask that you advise me of your response to my requests so that I can report back to the Court. Thank you for your attention to this matter.
Larry S. Gondelman
Powers Pyles Sutter & Verville, PC
1501 M Street, NW
Suite 700
Washington, DC 20005
202.872.6723
This message from the law firm of Powers Pyles Sutter & Verville, P.C., contains information which is privileged and confidential and is solely for the use of the intended recipient. If you are not the intended recipient and/or have received this message in error, please destroy it and notify us immediately at 202-466-6550.
Case 1 :05-cv-01760-EGS-JMF Document 62 Filed 06/27/2007
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
KATHLEEN A. BENZ,
Plaintiff,
v. Civil Action No. 05-1760 (EGS)
THE WASHINGTON NEWSPAPER
PUBLISHING COMPANY, LLC and
JOHN F. BISNEY,
Defendants.
ORDER
Upon consideration of the motion made by defendant John F.Bisney in open Court at the March 21, 2007 Status Conference for approval to communicate with Internet sites that continue to display or refer to articles that defendant Bisney authored concerning plaintiff Kathleen A. Benz for the purpose of seeking removal of such articles or references thereto from the Internet, and pursuant to the status hearing on June 21, 2007, it is by the Court hereby
ORDERED that defendant Bisney’s motion is GRANTED; and it is
FURTHER ORDERED that defendant Bisney shall provide to counsel for plaintiff a list of all known Internet sites that continue to display or refer to the articles or portions thereof that defendant Bisney authored or disseminated that refer to plaintiff, Kathleen A. Benz, by name or by implication (hereinafter referred to collectively as the "Articles") by no later than June 29, 2007; and it is
FURTHER ORDERED that, by no later than June 29, 2007, defendant Bisney shall submit to counsel for plaintiff the substance of the communication defendant Bisney intends to send to all Internet sites that display or refer to the Articles or portions thereof, requesting the removal of such Articles, which communication shall comply in all respects with the terms of this Order, along with a list of such Internet sites to which defendant Bisney proposes to send such communication; and it is
FURTHER ORDERED that, by no later than July 9, 2007, counsel for plaintiff shall review and approve the substance of such communication by defendant Bisney to such Internet sites as well as the list of recipients of such communication, which approvals shall not be unreasonably withheld; and it is
FURTHER ORDERED that, by July 19, 2007, and only upon certification from plaintiff that she has taken whatever measures she deems necessary to preserve evidence as discussed below, defendant Bisney shall send the approved communication to the approved recipients; and it is
FURTHER ORDERED that prior to defendant Bisney contacting any Internet sites, plaintiff shall take whatever measures she deems necessary to preserve evidence regarding the above-referenced Articles for this litigation; and it is
FURTHER ORDERED that upon completion of her preservation efforts, and by no later than July 16, 2007, plaintiff shall certify to the Court and to defendants that she has taken whatever efforts she deems necessary to preserve evidence; and it is
FURTHER ORDERED that defendant Bisney shall provide all communications received from any Internet sites to counsel for plaintiff and counsel for defendant The Washington Newspaper Company, LLC upon receipt.
SO ORDERED.
Signed: Emmet G. Sullivan
United States District Judge
June 21, 2007
