Libel "per se" questions

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pro_perdef

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Hi there.

I am an Oregon resident who has been sued in Nevada for "Libel Per se" by a Nevada apartment complex, its owner, and two employee. The plaintiffs claim that I anonymously posted on apartmentratings.com messages that were somehow defamatory against them...None of the purported reviews identifies any of the plaintiffs except the apartment property. I have never posted ANYTHING on that website...Ever.

They also name 30 'doe and roe' defendants in the case. but they named me personally for unknown reasons. I did rent from them for about 5 months in 2007.

Plaintiffs have produced no proof of my involvement. However they have produced numerous printed pages containing purported reviews that supposedly appeared on the website. Only one actually appears there now. None of the others look anything like this one review, they look more like something produced in Word.

I cannot afford a lawyer, and the 20 I have consulted won't touch this because "it's a waste of time."

I have made discovery requests for any and all documents that prove my involvement, they refuse to respond to these requests and the court refuses to compel them to respond.

They WERE ordered to produce the unique URL address that can be typed into a nav bar to lead directly to each "review." They produced the same URL address for each and it doesn't lead to ANY of the reviews.

I did file a motion to dismiss before filing and answer and counterclaim, the court declined to grant it.

In november I filed a motion for summary judgment, which the Plaintiffs refuse to reply to. The judge refuses to compel their response or rule on the motion for summary judgment. It's all a bit mad.

I don't have the resources to fight this any more. It's been ongoing for two years. I am sicked that I have been forced to look at bankruptcy to end this battle, but these plaintiffs have financially ruined me and I have NOTHING to do with their case. Can this be ended by filing bankruptcy? Or is a BK judge likely to allow the case to continue?

Also, how do I prove I didn't make the postings I am being sued for? I thought that the Plaintiffs bore the burden of proving that I made the anonymous postings, however the court has very clearly taken the opinion that I must prove that I did NOT make the postings.
 
Did they sue you in a small claims court?
What are their alkeged damages?

I advise people not respond to small claims suits out of state. But, people are so damn nosy, they just gotta say something. When you do that, you unnecessarily expose yourself to the nuisance suit and the court's jurisdiction over you.
 
It sounds like you need to do nothing. Quit spending money.
If you receive an order to appear in court then go... so long as it is an Oregon court.
At court you can argue these points and show that they have failed to provide the information requested. Should things still proceed from there it will be their burden to show that you did what they claim. If this has been going on as long as you say then it is very likely they can't provide anything and the goal is to cause you financial hardship... just don't play the game and you will be fine.
 
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