Memorandum and Order Granting in Part Defendants’ Motion for Attorneys’ Fees and Denying Plaintiffs’ Combined Motions for Reconsideration and Sanctions Entered on the Docket 6/25/12. Signed in chambers 6/25/12. Electronically filed via CaseFileXPress on counsel for the parties 6/25/12. Plaintiffs shall pay to Defendants fees and costs in the amount of $24,625.23 within thirty days.
As a lawyer friend of mine said in response to this, it’s never a good sign for you as the plaintiff when the judge orders you to pay the defendant’s court costs. And as we find from this Hollywood Reporter piece, it’s not good news for Smith:
Maddow tried to knock out the lawsuit on First Amendment grounds, and just before DC Superior Court Judge Joan Zeldon was about to make a ruling, Dean motioned to voluntarily withdraw the lawsuit. He then filed a new complaint in federal court in a strategic move to escape the D.C. Anti-SLAPP Act.
But Maddow wouldn’t let Dean walk away from the Superior Court, and what’s more, wanted Dean to pay sanctions. Two weeks ago, Judge Zeldon ruled that Dean and his ministry, You Run But You Cannot Hide International, could only dismiss the lawsuit without prejudice if he paid Maddow $24,625.23 in attorney’s costs. Now, Dean is in an awkward situation. In order to pursue Maddow in the federal lawsuit — which has been stayed — he has to pay the television personality he hates.
You got that, I presume? Bradlee apparently knew that he probably was going to lose the original suit, so he tried to withdraw it so he could refile it in another venue, one without anti-SLAPP laws. But while he could run, he couldn’t hide from the consequences of his actions.
Awwww. Poor baaabeeeeee.
The news, which has up to now been largely ignored by most of the establishment media, has in contrast rocketed around the alternative-media world (thanks to City Pages’ Andy Mannix) and the blogosphere (thanks to Ken Avidor and Sally Jo Sorensen), with Huffington Post and TPM both passing along the news to their readers. (I have to disclose that I had a small part in this, too.)
Mr. Smith had apparently been hoping that nobody would notice that he’d just been given a costly dope-slap by the courts, because to the best of my knowledge he didn’t say one word in public about the thing until after Avidor and Sorensen’s scoop went viral. But when he finally deigned to mention it, he and his lawyer Larry Klayman (yes, that Larry Klayman, he who sued his own mother) let loose with a corker, as Avidor documents:
Recently, the federal court in Washington, D.C., held that the DC Anti-Slapp statute is not applicable to a complaint filed in this court. Logically then, Dean and YCR filed a new case in this federal court and sought to voluntarily dismiss the case before Judge Zeldon. This was a tactical, strategic decision. However, Judge Zeldon, who it became apparent had hoped to rule against Dean and YCR and in favor of Maddow and MSNBC given her leftist ideology, sought to punish Plaintiffs and throw a monkey wrench into the voluntary dismissal of the case before her. Judge Zeldon ruled that the case before her could not be dismissed unless Dean and YCR paid over $24,000 in attorneys fees and costs to Maddow and Dean, claiming that the Defendants’ attorneys should be compensated for the legal work they did in her case. However, Dean and YCR argued that the work performed in the Superior Court case was usable in the new federal action and thus they should not be penalized. Importantly, Dean and YCR had also argued that the claimed fees and costs by Maddow and MSNBC were grossly inflated and fraudulent, as Defendants frequently billed for four big firm lawyers doing the job of one attorney.
Bradley Dean Smith and his You Can Run But You Can’t Hide street preaching group have been running into increasing resistance to the promotion of their brand of monetized hate speech. In addition to being spanked by the DC courts, they are being turned away from the stores where they most commonly fish for money and converts. It was Sally Jo Sorensen who last year documented YCRBYCH’s hanging out in Walmart parking lots and selling their spiel; the attention she helped focus on their activities led to Walmart’s banning YCRBYCH from setting up shop on Walmart property, as well as to Bradlee Dean’s losing his radio show (alas, only temporarily, as it turns out) on local hyper-right-wing station AM1280 “The Patriot”. His group’s been recently banned from appearing ever again at the Hy-Vee in Newton, Iowa, after a host of complaints driven by his effort to present YCRBYCH as an anti-suicide group, a scheme he’s tried in the past. The number of places where he is not welcome includes, of course, the halls of Minnesota’s State Capitol, where his bizarre benediction last year alarmed state Republicans who didn’t want their pro-hate agenda to be so nakedly displayed.
Bradley Dean Smith is running out of places to hide. And he’s not too happy about it.