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Description:
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 defamation lawsuit against The Hook, a weekly newspaper in Charlottesville that also publishes content on its website. For details on the lawsuit, see our related database entry, Garrett v. The Hook.
Jaquith blogged about the Garrett-Hook lawsuit on December 23, 2008. His post, entitled "The Hook Sued For Defamation," 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:
As a result of this post, Garrett's attorney served Jaquith with a subpoena 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 that Garrett settled his lawsuit with The Hook, obviating the need to comply with the subpoena.