Kemo
11-02-2015, 01:48 AM
Hulk Hogan’s lawsuit against Gawker rolled on this past week. First, Gawker president and General Counsel Heather Dietrick conceded that the company will probably lose at trial. Then, Gawker filed a stay to attempt to freeze and overturn a ruling allowing their computers to be searched for evidence that they leaked Hogan’s racist comments. Now, the latest big move is from Hogan’s side, who filed on motion on Tuesday demanding that Gawker reimburse his attorney’s fees and other court costs stemming from a number of discovery issues in the case.
Discovery is the pre-trial procedure where the two sides get information from each other as well as third parties via document production, answering interrogatories, and deposition testimony. For example, Hogan’s 1998 WCW contract was everywhere last week. How? It became public record in the famous racial discrimination lawsuits against WCW because it was filed as an exhibit by the plaintiffs, who got it from WCW during discovery. There are of course a number of very specific rules governing discovery, and in the case of Hogan’s lawsuit against Gawker, Hogan (real name Terry Bollea) is saying that Gawker is in violation of a bunch of them.
Hogan is asking for $427,665 ($392,475 in attorneys’ fees and $35,190 in court costs) stemming from the abuses that his side his claiming Gawker has committed throughout the discovery process. His lawyers are arguing that Gawker is doing this specifically to raise costs to the point that the case is too expensive for Hogan to litigate. As for their accusations of wrongdoing, they include:
* That “Gawker repeatedly refused to produce any documents or information related to” sister company Kinja/Blogwire Hungary. It’s alleged that they continued to do this even after the Special Discovery Magistrate overseeing the case ruled in Hogan’s favor. “Eventually, Gawker’s delay tactics required Mr. Bollea to sever Kinja from the case simply to secure a trial date.”
* This: “Gawker attempted numerous times to turn discovery into an inquisition into Mr. Bollea’s private life. At the start of this litigation, Gawker wanted to know the name of every woman Mr. Bollea had sex with over the course of a decade. Gawker wanted to know if there were sex tapes other than the illegal recording that had been sent to Gawker [Note: There were, but they were other illegally made recordings], and Gawker repeatedly asked witnesses at deposition about Mr. Bollea’s private sex life. Gawker also wanted all of Mr. Bollea’s medical records, even though Mr. Bollea did not seek any damages based on any claim that Gawker’s actions led to his seeking medical treatment.”
The claim is that Hogan had to spend “large amounts of money” just to go to court to protect basic privacy rights. And that’s even after the judge issued an order prohibiting discovery of that nature.
* Gawker filed 24 third-party subpoenas in the case, “many of which were not tailored at all to the First Amendment defenses in its case,” instead seeking “private information” that violated the judge’s protective order. Among those served subpoenas were Dixie Carter, TNA Wrestling, WWE, Bischoff Hervey Entertainment, Hogan’s lawyer David Houston, Keith Davidson (the lawyer representing the mystery person who tried to extort Hogan using the sex tapes), and Matt Loyd (a former Bubba the Love Sponge employee). Hogan says he cooperated with all of the subpoenas.
* Gawker objected to a subpoena to their loan broker in an attempt to determine the worth of the company.
You get the idea: Hogan’s side is saying that Gawker tried to block legitimate discovery because they knew it would run up costs for Hogan. while the other side made ridiculous requests to further run up said costs. Where exactly the truth lies, who knows?
As for the costs themselves, Hogan has a total of eight lawyers working on the case at rates ranging from $295 to $550 per hour. In determining costs that Gawker were owed, Charles Harder, one of Hogan’s lawyers, wrote in a sworn affidavit that not only did he did not include travel costs, but all hourly billings were rounded down instead of up.
So for example: When responding to Gawker’s exception to the ruling on discovery about Hogan’s sexual partners, four of his lawyers billed a total of 27 hours ranging from $395 to $550 each for a total of $12,390. That’s on the lower end of some of these itemized arguments, as they ranged from $6,315 to a whopping $72,960 (five lawyers working a total of 160 hours).
Discovery is the pre-trial procedure where the two sides get information from each other as well as third parties via document production, answering interrogatories, and deposition testimony. For example, Hogan’s 1998 WCW contract was everywhere last week. How? It became public record in the famous racial discrimination lawsuits against WCW because it was filed as an exhibit by the plaintiffs, who got it from WCW during discovery. There are of course a number of very specific rules governing discovery, and in the case of Hogan’s lawsuit against Gawker, Hogan (real name Terry Bollea) is saying that Gawker is in violation of a bunch of them.
Hogan is asking for $427,665 ($392,475 in attorneys’ fees and $35,190 in court costs) stemming from the abuses that his side his claiming Gawker has committed throughout the discovery process. His lawyers are arguing that Gawker is doing this specifically to raise costs to the point that the case is too expensive for Hogan to litigate. As for their accusations of wrongdoing, they include:
* That “Gawker repeatedly refused to produce any documents or information related to” sister company Kinja/Blogwire Hungary. It’s alleged that they continued to do this even after the Special Discovery Magistrate overseeing the case ruled in Hogan’s favor. “Eventually, Gawker’s delay tactics required Mr. Bollea to sever Kinja from the case simply to secure a trial date.”
* This: “Gawker attempted numerous times to turn discovery into an inquisition into Mr. Bollea’s private life. At the start of this litigation, Gawker wanted to know the name of every woman Mr. Bollea had sex with over the course of a decade. Gawker wanted to know if there were sex tapes other than the illegal recording that had been sent to Gawker [Note: There were, but they were other illegally made recordings], and Gawker repeatedly asked witnesses at deposition about Mr. Bollea’s private sex life. Gawker also wanted all of Mr. Bollea’s medical records, even though Mr. Bollea did not seek any damages based on any claim that Gawker’s actions led to his seeking medical treatment.”
The claim is that Hogan had to spend “large amounts of money” just to go to court to protect basic privacy rights. And that’s even after the judge issued an order prohibiting discovery of that nature.
* Gawker filed 24 third-party subpoenas in the case, “many of which were not tailored at all to the First Amendment defenses in its case,” instead seeking “private information” that violated the judge’s protective order. Among those served subpoenas were Dixie Carter, TNA Wrestling, WWE, Bischoff Hervey Entertainment, Hogan’s lawyer David Houston, Keith Davidson (the lawyer representing the mystery person who tried to extort Hogan using the sex tapes), and Matt Loyd (a former Bubba the Love Sponge employee). Hogan says he cooperated with all of the subpoenas.
* Gawker objected to a subpoena to their loan broker in an attempt to determine the worth of the company.
You get the idea: Hogan’s side is saying that Gawker tried to block legitimate discovery because they knew it would run up costs for Hogan. while the other side made ridiculous requests to further run up said costs. Where exactly the truth lies, who knows?
As for the costs themselves, Hogan has a total of eight lawyers working on the case at rates ranging from $295 to $550 per hour. In determining costs that Gawker were owed, Charles Harder, one of Hogan’s lawyers, wrote in a sworn affidavit that not only did he did not include travel costs, but all hourly billings were rounded down instead of up.
So for example: When responding to Gawker’s exception to the ruling on discovery about Hogan’s sexual partners, four of his lawyers billed a total of 27 hours ranging from $395 to $550 each for a total of $12,390. That’s on the lower end of some of these itemized arguments, as they ranged from $6,315 to a whopping $72,960 (five lawyers working a total of 160 hours).