IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOHN RAMSEY, PATSY RAMSEY, and BURKE RAMSEY, a minor, by his next friends and natural parents, JOHN RAMSEY and PATSY RAMSEY, Plaintiffs,
vs.
FOX NEWS NETWORK, L.L.C., d/b/a Fox News Channel,Defendant.
CIVIL ACTION FILE
NO. 1 03 CV-3976 (TWT)
NOTICE OF FILING
COME NOW Plaintiffs in the above-captioned action, and hereby respectfully notice the filing of the attached affidavits and verifications of John Ramsey, Patsy Ramsey and L. Lin Wood.
This 8th day of April, 2004.
L. LIN WOOD, P.C.
L. Lin Wood
Ga. State Bar No. 774588
Suite 2140
The Equitable Building
100 Peachtree Street, NW
Atlanta, Georgia 30303
(404) 522-1713
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOHN RAMSEY, PATSY RAMSEY,and BURKE RAMSEY, a minor, by his next friends and natural parents, JOHN RAMSEY and PATSY RAMSEY, Plaintiffs,
vs.
FOX NEWS NETWORK, L.L.C., d/b/a Fox News Channel, Defendant.
CIVIL ACTION FILE
NO. 1 03 CV-3976 (TWT)
AFFIDAVIT AND VERIFICATION OF JOHN RAMSEY
STATE OF GEORGIA
COUNTY OF FULTON
Before the undersigned officer,duly qualified to administer oaths, came JOHN RAMSEY, who, upon being duly sworn, deposed and said:
1. I am over eighteen years of age and I am competent to testify to the matters stated herein. This Affidavit and Verification is being offered in the case styled John Ramsey et al. v. Fox News Network, L.L.C. d/b/a Fox News Channel, Civil Action File No. 1 03 CV-3976 (TWT), in the United States District Court for the Northern District of Georgia, and for any
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other purpose allowed by law. This Affidavit and Verification is being offered in my individual capacity and as a next friend and natural parent of my minor son, Burke Ramsey.
2. I presently reside in the State of Michigan. I was a resident of the State of Georgia in December of 2002 at the time the claims stated in Plaintiffs' Complaint and First Amended Complaint arose. I am the husband of Plaintiff Patsy Ramsey and the father of Plaintiff Burke Ramsey. The matters stated in this Affidavit and Verification are based on my personal knowledge.
3. I hereby certify that I have read the claims made in the Complaint for Defamation and First Amended Complaint for Defamation in this case, and to the best of my knowledge, information, and belief formed after reasonable inquiry, said claims are well grounded in fact and are warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.
4. I further hereby certify that the acts forming the basis for the claims set forth in the Complaint for Defamation and First Amended Complaint for Defamation are not privileged
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communications under paragraph (4) of O.C.G.A. §51-5-7, and that the claims are not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase the cost of litigation.
John Ramsey signature
Sworn to before me this 3th day of April 2004.
Sharon Watters
Notary Public
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOHN RAMSEY, PATSY RAMSEY, and BURKE RAMSEY, a minor, by his next friends and natural parents, JOHN RAMSEY and PATSY RAMSEY, Plaintiffs,
vs.
FOX NEWS NETWORK, L.L.C., d/b/a Fox News Channel, Defendant.
CIVIL ACTION FILE
NO. 1 03 CV-3976 (TWT)
AFFIDAVIT AND VERIFICATION OF PATSY RAMSEY
STATE OF GEORGIA
COUNTY OF FULTON
Before the undersigned officer, duly qualified to administer oaths, came PATSY RAMSEY, who, upon being duly sworn, deposed and said:
1. I am over eighteen years of age and I am competent to testify to the matters stated herein. This Affidavit and Verification is being offered in the case styled John Ramsey et al. v. Fox News Network, L.L.C. d/b/a Fox News Channel, Civil Action File No. 1 03 CV-3976 (TWT), in the United States Oistrict Court for the Northern District of Georgia, and for any
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other purpose allowed by law. This Affidavit and Verification is being offered in my individual capacity and as a next friend and natural parent of my minor son, Burke Ramsey.
2. I presently reside in the State of Michigan. I was a resident of the State of Georgia in December of 2002 at the time the claims stated in Plaintiffs' Complaint for Defamation and First Amended Complaint for Defamation arose. I am the wife of Plaintiff John Ramsey and the mother of Plaintiff Burke Ramsey. The matters stated in this Affidavit are based on my personal knowledge.
3. I hereby certify that I have read the claims made in the Complaint for Defamation and First Amended Complaint for Defamation in this case, and to the best of my knowledge, information, and belief formed after reasonable inquiry, said claims are well grounded in fact and are warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.
4. I further hereby certify that the acts forming the basis for the claims set forth in the Complaint and First Amended
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Complaint are not privileged communications under paragraph (4) of O.C.G.A. §51-5-7, and that the claims are not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation.
Patsy Ramsey signature
Sworn to before me this 8th day of April 2004.
Sharon Watters
Notary Public
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOHN RAMSEY, PATSY RAMSEY, and BURKE RAMSEY, a minor, by his next friends and natural parents, JOHN RAMSEY and PATSY RAMSEY, Plaintiffs,
vs.
FOX NEWS NETWORK, L.L.C., d/b/a Fox News Channel, Defendant.
CIVIL ACTION fILE
NO. 1 03 CV-3976 (TWT)
AFFIDAVIT AND VERIFICATION OF L. LIN WOOD
STATE OF GEORGIA
COUNTY OF FULTON
Before the undersigned officer, duly qualified to administer oaths, came L. LIN WOOD, who, upon being duly sworn, deposed and said:
1. I am over eighteen years of age and I am competent to testify to the matters stated herein. This Affidavit and Verification is being offered in the case styled John Ramsey et al. v. Fox News Network, L.L.C. d/b/a Fox News Channel, Civil Action File No. 1 03 CV-3976 (TWT) in the United States District Court for the Northern District of Georgia, and for any other purpose allowed by law.
2. I am lead counsel for Plaintiffs in the case styled above. The matters stated in this Affidavit are based on my personal knowledge.
3. On April 2, 2004, I received a letter from one of Defendant's attorneys of record asserting for the first time that the provisions of O.C.G.A. §9-11.11.1 are applicable to this case and require the filing of verifications pursuant to O.C.G.A. §9-11.11.1(b).
4. In my professional opinion, the procedural requirements of O.C.G.A. §9-11.11.1 do not apply to this federal civil action. In my professional opinion, the substantive requ:irements of O.C.G.A. §9-11.11.1 do not apply to a defamation action arising out of a television broadcast. However, Plaintiffs and I are timely filing verifications to the Complaint for Defamation and the First Amended Complaint for Defamation pursuant to O.C.G.A. §9-11.11.1(b) in an effort to protect the record and to prevent delay and unnecessary expense that would occur from litigating
§9-11.11.1(b) issues at this time. The filing of said verifications is not intended to, and does not, waive
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Plaintiffs' right to contest the applicability of O.C.G.A. §9¬11.11.1 to this action in the future.
5. I hereby certify that I have read the claims made by Plaintiffs in the Complaint for Defamation and in the First Amended Complaint for Defamation in this case and to the best of my knowledge, information, and belief formed after reasonable inquiry, they are well grounded in fact and are warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.
6. I further hereby certify that the acts forming the basis for the claims set forth in the Complaint for Defamation and First Amended Complaint for Defamation are not privileged communications under paragraph (4) of O.C.G.A. §51-5-7, and that the claims are not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of
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litigation.
L. Lin Wood signature
Sworn to before me this 8th day of April, 2004.
Sharon Watters
Notary Public
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOHN RAMSEY, PATSY RAMSEY and BURKE RAMSEY, a minor, by his next friends and natural parents, JOHN RAMSEY and PATSY RAMSEY, Plaintiffs,
vs.
FOX NEWS NETWORK, L.L.C., d/b/a Fox News Channel,Defendant.
CIVIL ACTION FILE
NO. 1 03 CV-3976 (TWT)
CERTIFICATE OF SERVICE
I hereby certify that I have this date served a copy of the within and foregoing NOTICE OF FILING upon Defendant by depositing same in the United States Mail, postage prepaid and addressed to the following counsel for Defendant:
Mr. Judson Graves
Alston & Bird, LLP
One Atlantic Center
1201 W. Peachtree Street
Atlanta, GA 30309-3424
Ms. Dori Ann Hanswirth
Mr. Jason P. Conti
Ms. Trina R. Hunn
Hogan & Hartson, L.L.P.
875 Third Avenue
New York, NY 10022
This 8th day of April, 2004.
L. Lin Wood
Attorney for Plaintiffs