By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Nov 23 – General Michael Flynn's brother Jack, general manager of a seafood processing business in Rhode Island, was linked with Qanon by CNN and sued.
On October 22, 2021 U.S. District Court for the Southern District of New York Magistrate Judge Sarah L. Cave, whose work on criminal cases in the SDNY Magistrages Court Inner City Press covers monthly issued a 43-page Report and Recommendation, dismissing the claims with prejudice, but denying CNN's request for attorneys' fees and costs. Report here.
While some report that Judge Cave ruled that Jack Flynn and his wife Leslie share the views of Qanon, in the Order Judge Cave seemingly equated following an account on Twitter - as for example Inner City Press follows accounts of the murderous governments of Cameroon and Nigeria to report on them - with being a follower.
Judge Cave wrote: " For the 'ordinary sense' of a word, the Court may consult its dictionary definition. Id. The Merriam-Webster Dictionary’s definition of “follower” includes, as is relevant here, “one in the service of another[,]” “one that follows the opinions or teachings of another[,]” “one that imitates another[,]” or “one who subscribes to a feed especially on social media[.]”6 The second and third of these definitions are most applicable here."
On fees, Judge Cave concluded "[b]ecause the Flynns’ claims were not frivolous, unreasonable, or without any foundation, an award of fees, costs, and expenses is not appropriate here... The parties shall have fourteen (14) days (including weekends and holidays) from service of this Report and Recommendation to file written objections pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure."
On November 5, 2021 the Flynns filed their objection to the report, including that Judge Cave "fails to accept the Flynns' allegations as true and improperly resolves virtually all disputed facts in favor of CNN... Leslie Flynn never 'liked Tweets' that express support for QAnon."
On the other hand, the Flynns say Judge Cave "correctly concludes that the Flynns are private individuals and that CNN's false and defamatory statements are of or concerning the Flynns." So there's that.
Then it move before Judge Gregory H. Woods, who on December 16 ruled the CNN's motion to dismiss was DENIED in part - stating that "the tweets do not preclude the Flynns' allegation that CNN was negligent."
Jump cut to November 23, 2022, when Judge Cave held a conference on discovery disputes. Inner City Press thread here:
Flynn's lawyer says he wants compensation information about CNN to see if there's an incentive to maliciously make things up. Again, will not be decided today.
Jack Flynn's Charlottesville-based lawyer says he'll run search terms on his computer, including searching 4chan-
CNN's lawyer is demanding more.
Judge Cave: I don't have time, I have other parties [at 11 am - in 8 minutes, in copyright case Trombetta v. Novocin
Flynns' lawyer: She [Leslie Flynn] didn't have a Parler account --
CNN's lawyer: We have seen a Parler acount.
Judge Cave: What is the date of the Parler account?
CNN's lawyer: Parler is relatively new, I don't know. But it has her photo on it, we need the handle
Judge Cave: Your hyperbole is getting [too much]. You don't have to get on a plane -- CNN's lawyer: Can we get the phone numbers? We believe there are more text messages.
CNN's lawyer: Can we get a list of the devices searched? Mr. Biss wrote, None recalled. It's not clear if any searching was done. I'd like a representation from Mr. Biss. Biss: I explained how I did the search. General Flynn had thousands of tweets and retweets
Biss: If he retweeted someone like Cynthia Akbug [sp] they don't remember, they won't want to get trapped. Judge Cave:Now, Ms. Bolger [of Davis Wright Tremaine], what are you asking? Bolger: They can go on their Twitter account and search.
Judge Cave: Aren't you getting Twitter authorization? Bolger: Yes but not yet. Can I come back to you on this? Judge Cave: Yes. What about published content, and Mr. O'Sullivan's information about Jack Flynn. What's the timing? Biss: I'm back up for air
Biss: I'd like until December 15. I don't have the luxury of people who can assist me with all this stuff. I need some time as a human being, given other responsibilities. Judge Cave: Seems reasonable to me. We're going to have to extend the discovery time
Judge Cave: I will try to rule on the privilege documents by next week or so. CNN lawyer: You'd ordered info on social media accounts by Nov 30 -- Biss: I can do that. But why not all by Dec 15? Judge Cave: OK, fine. Thanks CNN lawyer: Happy Thanksgiving everybody
Hours after, Judge Cave docketed this: "ORDER granting in part and denying in part [95] Letter Motion for Discovery. Pursuant to the telephonic discovery conference held today, November 23, 2022 (the "Conference"), the Court orders as follows: 1. The fact discovery deadline is EXTENDED to April 17, 2023. Within one week of the close of fact discovery, that is by April 24, 2023, the parties must file a joint letter on the docket certifying that fact discovery is complete. 2. With respect to the pre-conference letter submitted by Plaintiffs John P. "Jack" Flynn and Leslie A. Flynn (the "Flynns") (ECF No. 95), the Court orders as follows: a. Defendant Cable News Network, Inc. ("CNN") shall produce any remaining documents relating to CNN's ratings and viewership of the Report (ECF No. 1 Paragraph 4). b. CNN shall conduct a reasonable search for and produce copies of the "Special Report[s]" hosted by Anderson Cooper that aired on (i) January 31, 2021, and (ii) February 26, 2021. c. CNN will confirm that Donie O'Sullivan's ("O'Sullivan") social media accounts were searched for mentions of the Flynns, and CNN shall produce any additional responsive documents. d. The Flynns' requests for documents concerning the positions CNN has taken in prior reports regarding what constitutes a "QAnon follower," and O'Sullivan's employment agreement(s) are DENIED WITHOUT PREJUDICE. e. The Court DENIES the Flynns' remaining requests for: i. "Dossiers and research on Trump, General Flynn or QAnon;" ii. "Communications with the J6 Committee regarding General Flynn and/or QAnon;" iii. "All documents that show General Flynn promoted any 'QAnon slogan';" iv. "Any evidence that supports the contention that General Flynn is a QAnon follower;" v. "Any documents in Anderson Cooper's possession and control that mention any member of the Flynn family;" and vi. "CNN['s] tax returns and other support for its 'book value' estimate of net worth[.]" 3. To the extent CNN's pre-conference letters (ECF Nos. 94; 96) request the production of outstanding discovery, the Court orders as follows, as further set forth herein. 4. The parties shall produce the documents described in this Order, and any outstanding items from the Oct. 28 Order, by Thursday, December 15, 2022. 5. The parties shall order a transcript of the Conference and file it on the docket. 6. The Court will issue an order regarding the privilege log issued outlined in the Flynns' letter (ECF No. 80) and discussed in the October 28, 2022 conference (ECF min. entry Oct. 28, 2022; see ECF No. 92) in due course. 7. A telephonic status conference is scheduled for Tuesday, March 21, 2023 at 10:00 a.m., on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By 5:00 pm on Thursday, March 16, 2023, any party wishing to do so may file a letter of no longer than three (3) pages listing discovery disputes requiring the Court's attention. 8. The Clerk of Court is respectfully directed to close ECF No. 95. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/23/2022)."
The case is Flynn, et al. v. Cable News Network, Inc., 21-cv-2587 (Woods / Cave)
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