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Lindsey attempts to notify web posters

COVINGTON -- Stephanie Lindsey, attorney for the Alcovy High School principal who has brought a defamation lawsuit against web posters, is attempting to request information from them.

Lindsey posted two comments on the Newton Citizen website this week notifying bloggers that she was seeking information for the civil case filed by Principal LaQuanda Carpenter, who is claiming the web posters libeled her with their comments.

On Monday, Lindsey commented on the article "Judge orders Lindsey to notify web posters" with a notice to web users MsLoy, bluedeyeddevil, amp72, newtoncountyparent, watermelonlover, beautifulblueeyes, Satan69 and KBeet.

The notice reads that by order of Newton County Superior Court, they have been named as a party of the civil action "LaQuanda Carpenter v. John Doe 1 aka 'MsLoy,' et al." in civil action number 2012-895-1.

During a motions hearing earlier this month, Judge Eugene Benton ordered Lindsey to attempt to notify the anonymous posters as well as depose them and other witnesses before attempting to request identifying information from the newspaper.

The judge said that proper notification had not been given to the web posters identified in the suit, although Lindsey claimed that they were provided notification since the Citizen wrote articles about the case and the web posters made comments on the articles.

Benton ordered Lindsey to notify the anonymous posters, informing them that they have the right to be represented or anonymously represented. They must be informed of the hearing date and have time to object; Benton felt that 30 days was enough notice to give them.

Additionally, Lindsey states in her notice that she and her client are seeking all information and documents sufficient to identify the names, addresses and telephone numbers associated with those named in the lawsuit, as well as documents reproducing the texts of the comments from Jan. 1, 2011, to present and all server logs, IP address logs, account information, account access records and application or registration forms related to those named. This is the same information that Lindsey sought in a subpoena of the Newton Citizen.

Lindsey made another comment Tuesday, after waiting for the moderator to approve the first notice, she said.

The second notice said a hearing will be set to further address the motion to quash a subpoena served on the Citizen requesting identifying information of the web users.

She notes that she will publish the date of the hearing on the Citizen's comment board.

Lindsey also notified the posters that they have a right to hire an attorney to represent them, and he could represent them without their identity being disclosed.

She went on to say that depositions of Newton County School System Superintendent Gary Mathews, web commenter Shannon Black and Newton County Board of Education members Almond Turner, Shakila Henderson-Baker, Abigail Coggin and Eddie Johnson will be taken. She states that web posters who choose to hire an attorney can be present at all of the depositions, which will be conducted before the motion hearing date.

"Again, his or her presence at the depositions will not jeopardize your anonymity," she states.

She did not provide a date for the depositions.

Comments

Silverbullet 2 years, 2 months ago

I dont really think a post on a website fills the legal requirement for "Proper Notification" as ordered by the Judge. This is pretty funny. How about a billboard? Maybe an announcement on WGFS radio in Covington. Ah, maybe you could send out a notice with all auto tax bills and property tax bills? Umm, but I dont suppose that qualifies for formal personal service by a peace officer or process server. Hey, I dont got any more ideas. Oh, well maybe I do. An airplane with a banner flying over Covington and Newton County!. This attorney is really a candidate for Superior Court Judge!?

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UGAFan 2 years, 2 months ago

I think it might. The local newspapers are infact used for legal notification. The Newton Citizen even has a "legal ad" section.

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HonestAbe 2 years, 2 months ago

And we go on and on. By continuing shows me that the plaintiff is more about getting money from posters than she is about concern for the children of the school system . How can this system keep her on the payroll? As a property owner who has supported this school system for over 35 years, i am ashamed of her as well as the ones in this school system and board who supports her stupid lawsuit. We as property owners should join to demand she be let go. As for Lindsey i can make but one comment. To me, if she is Judge material than i am a Astronaut, even tho i have only flown in a plane about 10 times.

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HonestAbe 2 years, 2 months ago

I am not one that has been named in this Lawsuit (yet) but i stand with the ones named. This will not stop posting. If you were to manage to stop some, more will come. If you manage to stop one site more will come. Anyone or group can start a website. Is this plaintiff and anti free speech attorney prepared to try and stop all? Is she prepared to try and stop ALL strong minded believers, like myself who are prepared to go the long haul in it's protection? I still say she is using this lawsuit as a means of getting FREE PRESS for her judge campaign, the same press she does not want us to have. And i ask this question. Where does the organization she is a member of stands on this- New Rock Legal ?

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Frustrated 2 years, 2 months ago

Look at the website for NewRock Legal Society and you will find your answers. Very interesting to read their purpose.

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MamaTurd 2 years, 2 months ago

So the other paper is so bad they tried to put out a myth buster on discipline.  Problem is they proved the point:  Alcovy High has the highest number of fights according to their own report haha AND that does not include the "incidents" out back that never get reported when we are told "they were arrested" when they were n ot.

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Billy 2 years, 2 months ago

This lawsuit will fail and the complaint filer will have to pay court costs and lawyers fees. Those sued by this principal should counter sue her. Surprised that the ACLU hasn't taken up this case. They take up cases for worthless people, like the KKK, so they should take this up, since these citizens are of a much higher quality, especially when compared to the principal. Plus, this is a First Amendment issue. Evil will not triumph in the end; this entire exercise will backfire on this lawsuit-happy bureaucrat at some point. You reap what you sow, and if you sow evil, it's comes right back to you, with interest. I'd hate to be a defense attorney trial lawyer on Judgment Day...

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Satan69 2 years, 2 months ago

Per Covington News today - Alcovy High - highest number of fights in Newton County.  Per NCSS and DOE - Alcovy High - lowest grad rate in Newton County at 64% below state average.  Almost 50% failure in Math 2 End of Course Test in 2012.  You tell me where the leadership is?  Working on support for students or filing lawsuits.  And open the records and tell us exactly how many employees total (teachers and staff) have left this building since spring nof 2009 to the present day - numbers please.  And why are teacher observations completed by the principal when teachers in some cases report she has not once entered the room?  This is all my opinion based on my interpretation of facts Steph.  If you don't enter the rooms you end up with 50% math failures, highest fight numbers and lowest grad rate countywide below the Georgia avg.  I approve this OPINION.

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UGAFan 2 years, 2 months ago

Lets all go hit "suggest removal" on her posts.....

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mrbill 2 years, 2 months ago

Posting a comment on a news story blog is not the same as taking out a legal service by publication ad. I followed the Citizen's links and it is not there. Classifieds>Legal Ad>Service by Publication. Due diligence by the plantiff's attorney is astonishingly missing in this case. A comment blog is hardly legal notification.

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HonestAbe 2 years, 2 months ago

But she's saving money and getting free press. She is now a POSTER. It's like she is suing herself. Please tell me how she got a lawyer's degree? Did she just drive by with the window down and they threw it in?

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mrbill 2 years, 2 months ago

Reminds me of ten year olds drawing lines in a sandbox. Then daring each other to cross the line. Very mature.

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CadyJackson 2 years, 2 months ago

Silly me... I was pretty sure that the Newton Citizen is not Newton County's legal organ, but ok. Adequate and legal method of notification - FAIL, again.

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ShannonBlack 2 years, 2 months ago

@ honestabe you would think so I find it so hysterical that some of these posters on here are doing the exact same thing we are and some use their name some don't however they want to point fingers at opinion. Funny it is like she is suing herself cause that's how it looks.

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CadyJackson 2 years, 2 months ago

I ran across something interesting earlier some of you might want to look into.

Remember Richard Jewell, the security guard who was accusing of the 1996 Olympic bombing? Well he sued the AJC for libel, and in 2001 the Georgia Court of Appeals found that Mr. Jewell was a "limited-purpose public figure," only because he had given an interview after the bombing. By obtaining this status, Mr. Jewell had "the burden to prove by clear and convincing evidence that the accusations are false" in order to win his libel case.

Just food for thought....

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mopussiolitalakaronafranchise 2 years, 2 months ago

Ms Black you are so right and so is everybody on this forum. I mean you have this woman posting on here saying saying she is Stephanie Lindsey is she? We don't know. yet they are posting and doing the sme thing we are. Then we hav people atacking one another over simple opinions that could be looked at as simple critisism but they take it as a personal attacks. You know I hve been following this since it has started and if my mind serves me correctly Shannon didnt you go into an open forum and personally address Mrs Carpenter and tell her that is wasn't a personal attack ? The other thing I find unreal is people are getting threatened and phone calls and hat kind of character does that show for these people? It doesn't because what happen if those people get linked back to the Carpenters or Lindsey then eerything that they are trying to prove goes down the toilet. Another thing is I find it in poor taste that anyone would even do such things it is low down and dirty. Once people learn that not eveyone is going to always like you especially as a public figure then the better off they will be.

Most of this is so petty and crap. But we will see how this plays out.

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mopussiolitalakaronafranchise 2 years, 2 months ago

That is a very interesting point you bring up Cady I have seen that as well. I also think that with all te other that has transpired with this and people being threatened then it may cant say for certain but may take a different turn. We will see but good point Cady.

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MamaTurd 2 years, 2 months ago

@mopussiolitalakaronafranchise Ms Black did go on open forum and personally address Mrs Carpenter you are right I read that it wasn't long after all of this started. It is funny to me that people point fingers and then do the same exact thing. I have a question is Ms Black going to countersue for all the threats she as recieved and putting her in harms way since she cam forward? Just wondering I know if it were me I would. Just sayin.

There is nothing wrong with opinion and true statements. What a shame that all have taken this so personal its like they have nothing better to do then sit around and make up more things to find to add to the law suit. There is nothing now just like when it started. Lord I tell you we need our tax dollars spent on what is meaningful like OUR CHILDREN and their education.

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Satan69 2 years, 2 months ago

Noone knows what is going to happen Ms Black is a very good person but I will tell you very unpredictable. But she will do whats right.

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Frustrated 2 years, 2 months ago

Mama Turd I have to agree with you. This thing has taken so many directions now that the real issue is getting clouded. We can sit back and Monday morning quarterback all we want but the heart of the matter is IF Carpenter was doing her job and working to make things better at Alcovy, and IF the BOE had taken notice and had the foresight to know having BOTH Carpenters in their positions would cause problems, and IF the BOE had done something about this sooner none of this would be happening. The BOE needs to take a stand and correct this problem before the next school year and before it gets any further out of hand. Just my humble opinion.

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OnToday 2 years, 2 months ago

Sorry, but I'm not revealing myself any time soon. Besides, I didn't do anything wrong. Everything I wrote was opinion. Get over it. By the way, check this out. Interesting:

http://askacyberlawyer.com/2012/05/14/judge-subpoenas-anonymous-blogger-to-appear/

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dennistay53 2 years, 2 months ago

There is no good way to say this so i will just state my opinion. I have read these postings time and time again but can find nothing that would warrant a public figure to take these steps such as a lawsuit. You have to have people with BACKBONE on your elected boards and executives of government to handle situations such as this before they spin out of control. This has spun out of control due to lack of TRUE leadership at our BOE and executive school level. This is like watching two people fight and do nothing about it until someone is permanently hurt. The school system is now PERMANENTLY scarred no matter what the outcome of this is. The only way to lessen the scar now is for the entire board to step down and start over again.There will always be a lack of confidence if this board stays intact. As their names get drug further and further into this mess it will get worse. I recently went to Florida, and when i told them where i was from this was brought up. So this is no longer a Newton County issue alone. As property owners pay their taxes and see to what extent they support this school system, they will become more and more disturbed as to what is going on here.

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ShannonBlack 2 years, 2 months ago

Dennis is that a shame that when you went to Florida that this was brought up that is sad. Everybody has been affected by this in one shape or form and it just is sad that it has come to this it really is. I agree with you 100 %

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