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Home > Garrett v. Jaquith

Garrett v. Jaquith [1]

Submitted by DMLP Staff on Thu, 01/29/2009 - 15:15

Summary

Threat Type: 

Subpoena

Date: 

01/01/2009

Status: 

Concluded

Disposition: 

Withdrawn

Location: 

Virginia

Verdict or Settlement Amount: 

N/A

Legal Claims: 

None
In January 2009, Thomas Garrett, a Virginia chicken farmer, publicist, and self-proclaimed "Hollywood insider," subpoenaed blogger Waldo Jaquith, who publishes cvillenews.com, a community news blog about Charlottesville, Virginia.  Garrett's lawyer served the subpoena in connection with his... read full description
Parties

Party Receiving Legal Threat: 

Waldo Jaquith

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • Virginia

Location of Party: 

  • Virginia

Legal Counsel: 

James Creekmore, Keith Finch - The Creekmore Law Firm PC

Legal Counsel: 

Waldo Jacquith (Pro Se, Initially); Paul Levy - Public Citizen; Josh Wheeler - Thomas Jefferson Center for the Protection of Free Expression; Rebecca Glenberg - Virginia ACLU
Description

In January 2009, Thomas Garrett, a Virginia chicken farmer, publicist, and self-proclaimed "Hollywood insider," subpoenaed [2] blogger Waldo Jaquith, who publishes cvillenews.com [3], a community news blog about Charlottesville, Virginia.  Garrett's lawyer served the subpoena [2] in connection with his defamation lawsuit [4] against The Hook, a weekly newspaper in Charlottesville that also publishes content on its website [5].  For details on the lawsuit, see our related database entry, Garrett v. The Hook [4].

Jaquith blogged about the Garrett-Hook lawsuit on December 23, 2008.  His post, entitled "The Hook Sued For Defamation [6]," gave background on the lawsuit, quoted Hook editor Hawes Spencer's comments on it, and explained the elements of a defamation claim.  He also made some critical comments about Garrett: 

I can sympathize with The Hook in their continued coverage of him. In writing this blog entry this afternoon, it’s impossible to ignore the really sketchy aspects about this guy. Seriously, look at this magazine that he claims to have been on the cover of [7]. This was obviously patched together in Microsoft Paint. It just screams “bad photoshop job.” (The fact that the magazine doesn’t seem to exist [8] doesn’t help any.) Then there’s his PR firm’s website [9], hosted on Angelfire [10]. Remember them? The free website hosting service from the mid-90s? Used primary to host webpages for middle school girls professing their love for boy bands? That’s where his company’s website is, at the address http://www.angelfire.com/film/tgj/. Though the site claims to be at garretticonspr.com, that domain is unregistered. In short, Garrett looks like a train wreck in slow motion, and I get that The Hook is just watching and waiting for his big finish.

As a result of this post, Garrett's attorney served Jaquith with a subpoena [2] as part of discovery in his lawsuit against The Hook.  Among other things, the subpoena requests the names and/or IP addresses for everyone who posted a comment to Jaquith's December 23 post.  (As of January 29, there were 81 comments to the post.)  It also seeks IP addresses for every viewer of the post and all logs generated in connection with it. Beyond that, it asks Jaquith for every email or written communication he has sent or received relating to the post or Thomas Garrett, as well as any post, comment, or other writing Jacquith has made on other sites.

The return date on the subpoena is February 2, 2009.  Jaquith has indicated that hiring a lawyer to quash the subpoena is beyond his budget, but he plans to fight the subpoena, acting as his own attorney.

Update:

01/31/2009 - Waldo Jaquith filed a motion to quash the subpoena.

02/13/2009 - Garrett filed a motion to compel compliance with the subpoena.

03/05/2009 - Waldo Jacquith filed a memorandum in opposition to the motion to compel.

5/22/09 - Waldo Jacquith reported [11] that Garrett settled his lawsuit with The Hook, obviating the need to comply with the subpoena.

Related Links: 

  • The Daily Progress: Publicist files defamation suit against the Hook [12]
  • MediaMook: The curious case of Tommy Garrett [13]
  • cvillenews.com: The Hook Sued For Defamation [6]
  • cvillenews.com: Tommy Garrett Subpoenas cvillenews.com [14]
  • Waldo Jaquith: Motion to Quash in Garrett v. Better Publications [15]
  • Reporters Committee for Freedom of the Press: Subpoena to blogger seeks everything, including Web site viewers [16]
  • Reporters Committee for Freedom of the Press: Virginia blogger fights broad subpoena [17]
  • Waldo Jacquith: Public Citizen, the VA ACLU, and the TJ Center are representing me [18]
  • CMLP: Virginia Blogger Targeted With Outrageous Subpoena [19]
  • CMLP: Garrett v. The Hook [4]
Details

Web Site(s) Involved: 

cvillenews.com [3]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Shield Laws
  • Anonymity
  • Subpoenas
Court Information & Documents

Jurisdiction: 

  • Virginia

Source of Law: 

  • Virginia

Court Name: 

Circuit Court for the County of Buckingham, Virginia

Court Type: 

State

Case Number: 

CL08000197-00

Relevant Documents: 

PDF icon 2008-12-19-Garrett Complaint.pdf [20]
PDF icon 2009-01-15-Subpoena to Waldo Jaquith.pdf [21]
PDF icon 2009-01-31-Jaquith Motion to Quash.pdf [22]
PDF icon 2009-02-13-Garrett's Motion to Compel Pt. 1.pdf [23]
PDF icon 2009-02-13-Garrett's Motion to Compel Pt. 2.pdf [24]
PDF icon 2009-03-05-Jacquith Opposition to Motion to Compel.pdf [25]

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Source URL (modified on 08/20/2014 - 11:08pm): https://www.dmlp.org/threats/garrett-v-jaquith

Links
[1] https://www.dmlp.org/threats/garrett-v-jaquith
[2] https://www.dmlp.org/sites/citmedialaw.org/files/2009-01-15-Subpoena%20to%20Waldo%20Jaquith.pdf
[3] http://www.cvillenews.com/
[4] https://www.dmlp.org/threats/garrett-v-hook
[5] http://www.readthehook.com/
[6] http://www.cvillenews.com/2008/12/23/garrett-hook-lawsuit/
[7] http://www.readthehook.com/images/issues/2008/0717/news-garrett-seniormagazine.JPG
[8] http://www.readthehook.com/blog/index.php/2008/04/22/senior-magazine-garrett-mystery-solved/
[9] http://www.angelfire.com/film/tgj/
[10] http://en.wikipedia.org/wiki/Angelfire
[11] http://www.cvillenews.com/2009/05/22/garrett-settles/
[12] http://www.dailyprogress.com/cdp/news/local/article/publicist_files_defamation_suit_against_the_hook/33185/
[13] http://mediamook.wordpress.com/2008/12/30/the-curious-case-of-tommy-garrett/
[14] http://www.cvillenews.com/2009/01/25/garrett-subpoena/
[15] http://waldo.jaquith.org/blog/2009/01/motion-to-quash/
[16] http://www.rcfp.org/newsitems/index.php?i=9934
[17] http://www.rcfp.org/newsitems/index.php?i=9996
[18] http://waldo.jaquith.org/blog/2009/03/garrett-motion/
[19] https://www.dmlp.org/blog/2009/virginia-blogger-targeted-outrageous-subpoena
[20] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-12-19-Garrett%20Complaint.pdf
[21] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-01-15-Subpoena%20to%20Waldo%20Jaquith.pdf
[22] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-01-31-Jaquith%20Motion%20to%20Quash.pdf
[23] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-02-13-Garrett%27s%20Motion%20to%20Compel%20Pt.%201.pdf
[24] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-02-13-Garrett%27s%20Motion%20to%20Compel%20Pt.%202.pdf
[25] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-03-05-Jacquith%20Opposition%20to%20Motion%20to%20Compel.pdf