A Pocono Country Place Property Owners Association v. Sciarrone

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

06/01/2008

Status: 

Pending

Location: 

Pennsylvania

Verdict or Settlement Amount: 

N/A
A Pocono Country Place Property Owners Association and several of its members have sued Robert Sciarrone, the operator of The Pocono SpeakEasy, a forum "[d]edicated for our First Amendment Right to speak out" on issues related to the Pocono region... read full description
Parties

Party Receiving Legal Threat: 

Robert Sciarrone

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Location of Party: 

  • Pennsylvania

Location of Party: 

  • Pennsylvania

Legal Counsel: 

Stewart I. Rosenblum
Description

A Pocono Country Place Property Owners Association and several of its members have sued Robert Sciarrone, the operator of The Pocono SpeakEasy, a forum "[d]edicated for our First Amendment Right to speak out" on issues related to the Pocono region of Pennsylvania. According to the Pocono Record, "Sciarrone often has criticized the board openly in the past for what he views as mismanagement and failure to address quality-of-life concerns in the APCP community."

The plaintiffs' complaint alleges that statements on Sciarrone's site are "false, defamatory and libelous." The complaint does not identify the specific statements plaintiffs assert are defamatory.

In July 2008, Sciarrone filed preliminary objections to the complaint, arguing that the plaintiffs had failed to adequately identify the "exact false and defamatory statements that have caused [them] harm."

On September 15, 2008, the court issued an order sustaining Sciarrone's objections and granting the plaintiffs 20 days to file a more specific amended complaint. The plaintiffs then filed an amended complaint and a motion for a preliminary injunction. Sciarrone filed objections to these pleadings in late September.

Update:

11/2008 - Plaintiffs filed a second amended complaint, and Sciarrone filed objections to it.

12/4/2008 - Plaintiffs filed a third amended complaint.

12/29/2008 - Sciarrone removed the case to federal court (3:08-cv-2312) - M.D. Pa.

01/22/2009 - Plaintiffs moved to remand the case back to state court.

03/25/2009 - According to Sciarrone, the case was remanded to state court.

Details

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Third-Party Content
  • Section 230
Court Information & Documents
CMLP Information (Private)

Priority: 

1-High

Threat Source: 

Google News

CMLP Notes: 

Check http://ourpoconocommunity.com/phpBB2/index.php for case updates.

To-do: Get copies of complaint and other filings. Waiting for response from defendant's lawyer

Updated 1/29/09 - VAF

7/7/09 - no new info (CMF)

Comments

Thank you

Thank you for the updates, Bob.  It is difficult for us to keep up with all of the cases we cover and this is a big help.

-David

Thanks

Sorry to hear about all of that, Bob. 

Thanks for the update.

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