justice4nifong: MANGUM v. OXYGEN MEDIA GROUP: Motion for Mediated Settlement Conference

Thursday, April 21, 2022

MANGUM v. OXYGEN MEDIA GROUP: Motion for Mediated Settlement Conference

60 comments:

Callm3Chuck said...: https://www.minclaw.com/north-carolina-defamation-law-state-guide/#:~:text=So%2C%20what%20is%20North%20Carolina's,when%20lodging%20a%20defamation%20claim.

"So, what is North Carolina’s statute of limitations for bringing a defamation lawsuit?

One (1) year. North Carolina’s statute of limitations runs for one year, meaning time is of the essence when lodging a defamation claim.

But, when does the statute start ticking?

Under North Carolina law, the statute will start to toll (or tick) on the date of publication, regardless of when damage results or identity of the author is discovered (or when the plaintiff discovers that defamatory statements were made)."

Regardless of the number of motions you submit, the statute of limitations has passed. Regardless of Dr. Wecht's paper, Crystal Mangum was convicted of murder for stabbing Reginald Daye.

Had Dr. Wecht provided his opinion within the 1 year timeframe from the article's publish date (he didn't) and had you filed the lawsuit within the 1 year timeframe (you didn't), maybe you would have a case.

As Dr. Caligari pointed out, the lawsuit doesn't even claim that Oxygen Media knew of the falsity of the statement when it was made. So even had the Wecht opinion and the lawsuit been filed in a timely manner, there's a good chance that it would fail.

Undoubtedly, you will argue that Crystal Mangum was seeking corrections to these articles.

As I have pointed out, there is legal precedent that news sources do not have to modify or remove stories if the statements are historically true.; April 21, 2022 at 7:09 AM
A Durham Man said...: Sid,

Why did you take the time to post the motion in the Oxygen Media case when you won’t post the government’s response in the other case? Please be truthful in your response.; April 21, 2022 at 5:21 PM
Fake Abe Froman said...: Sid,

That’s a bad look.

Fake Abe Froman
Chicago, ILL; April 22, 2022 at 4:26 PM
Doogie Howser said...: Sid,

Good luck with the motion. Should we assume you will not post the response by Oxygen Media Group?; April 23, 2022 at 6:48 AM
Nifong Supporter said...: Callm3Chuck said...
https://www.minclaw.com/north-carolina-defamation-law-state-guide/#:~:text=So%2C%20what%20is%20North%20Carolina's,when%20lodging%20a%20defamation%20claim.

"So, what is North Carolina’s statute of limitations for bringing a defamation lawsuit?

One (1) year. North Carolina’s statute of limitations runs for one year, meaning time is of the essence when lodging a defamation claim.

But, when does the statute start ticking?

Under North Carolina law, the statute will start to toll (or tick) on the date of publication, regardless of when damage results or identity of the author is discovered (or when the plaintiff discovers that defamatory statements were made)."

Regardless of the number of motions you submit, the statute of limitations has passed. Regardless of Dr. Wecht's paper, Crystal Mangum was convicted of murder for stabbing Reginald Daye.

Had Dr. Wecht provided his opinion within the 1 year timeframe from the article's publish date (he didn't) and had you filed the lawsuit within the 1 year timeframe (you didn't), maybe you would have a case.

As Dr. Caligari pointed out, the lawsuit doesn't even claim that Oxygen Media knew of the falsity of the statement when it was made. So even had the Wecht opinion and the lawsuit been filed in a timely manner, there's a good chance that it would fail.

Undoubtedly, you will argue that Crystal Mangum was seeking corrections to these articles.

As I have pointed out, there is legal precedent that news sources do not have to modify or remove stories if the statements are historically true.

April 21, 2022 at 7:09 AM

Hey, Chuck.

Just a few points. Oxygen Media returned to sender two certified-mailed packets I sent to them in 2020 and 2021. I cannot do anything if Oxygen Media refuses to open and read certified mail. Surely Oxygen became aware of the alleged problem of the falsity of their phrase "fatally stabs" when they were served the Summons and Complaint. Had they made a correction within the ten day period allotted, there is much probability that that would have put an end to the legal complaint.

Also, the statute of limitation is not applicable, in my opinion, when the claim is that the publisher refuses to make a correction/retraction. The problem with Oxygen is its refusal to make a correction when notified of a defamatory publication.; April 23, 2022 at 2:16 PM
Nifong Supporter said...: A Durham Man said...

Sid,

Why did you take the time to post the motion in the Oxygen Media case when you won’t post the government’s response in the other case? Please be truthful in your response.

April 21, 2022 at 5:21 PM

Hey, Durham Man.

I posted the Motion/Complaint in Oxygen because of its importance. The 20-page response by Oxygen mostly consists of denials without much substantive. Posting the 20-page document would take much too much time. Already I am behind in my letter writing, work on legal cases (i.e., preparing a Settled Record on Appeal and preparing for a Discovery Plan), and work on my shar-video Part Three. I really don't have time to spend responding to comments... which is why it takes time before I get around to replying.; April 23, 2022 at 2:24 PM
Nifong Supporter said...: Anonymous Doogie Howser said...

Sid,

Good luck with the motion. Should we assume you will not post the response by Oxygen Media Group?

April 23, 2022 at 6:48 AM

Hey, Doogie Howser.

I don't know if Oxygen Media will even challenge a mediated settlement conference because it would actually be in its best interest to settle without going to court... for reasons alluded to in the Motion. The lawyers defending the case might not be as motivated to settle as the defendant because they are running up legal fees the longer the case is drawn out.

If they do reply, I would have to assess the importance and value of the response in deciding whether or not to post. Most likely I would not have the time to post it on this blog site.; April 23, 2022 at 2:31 PM
Nifong Supporter said...: Anonymous Fake Abe Froman said...

Sid,

That’s a bad look.

Fake Abe Froman
Chicago, ILL

April 22, 2022 at 4:26 PM

Hey, Abe.

"Bad look?" Afraid I don't understand. Much more elucidation is required.; April 23, 2022 at 2:33 PM
A Durham Man said...: Sid,

I asked about the government’s response in the other case, not the response by Oxygen Media Group. Comprende?; April 23, 2022 at 3:21 PM
Anonymous said...: Sid,

What are you hiding in the government’s response in the DHHS case?; April 23, 2022 at 3:39 PM
Anonymous said...: There’s your opinion, and there’s the law. Which do you think the court will consider?

Oxygen Media doesn’t have to challenge a mediated settlement conference, because the case will be dismissed.; April 23, 2022 at 4:33 PM
Callm3Chuck said...: “ Oxygen Media returned to sender [two] certified-mailed packets I sent to them in 2020 and 2021. I cannot do anything if Oxygen Media refuses to open and read certified mail. “

2020 and 2021 are well past the statute of limitations.

“The 20-page response by Oxygen mostly consists of denials without much substantive…”

The 20 page response was from Mr. Kinsley and DHHS, not from Oxygen Media.; April 23, 2022 at 4:40 PM
Doogie Howser said...: Sid,

How did you manage to find time to post the motion for a mediated settlement conference?; April 24, 2022 at 4:52 AM
Callm3Chuck said...: “ Also, the statute of limitation is not applicable, in my opinion, when the claim is that the publisher refuses to make a correction/retraction. The problem with Oxygen is its refusal to make a correction when notified of a defamatory publication. ”

As I stated, there is legal precedent that news sources do not have to modify or remove stories if the statements are historically true. Crystal Mangum was convicted for 2nd degree murder for the stabbing death of Reginald Daye.; April 24, 2022 at 6:59 AM
Abe Froman said...: Not only that, but the conviction has not been vacated or reversed. So, calling Mangum a murderer is not only historically true, it is currently true as well.

Sid's attempt to use civil lawsuits to collaterally attack the validity of Mangum's conviction is futile and pointless. At best those lawsuits will continue to be quickly and unceremoniously dismissed. At worst, they will subject Did and Mangum to further sanctions for frivolous and vexatious litigation and gateeeper orders to prevent them from further abusing the system.

Abe Froman
Chicago, IL; April 24, 2022 at 3:57 PM
Fake Abe Froman said...: Sid,

The bad look is that, after you tell us that you cannot post the government’s response in the DHHS case because of the demands of your cat, you somehow manage to post the pathetic motion you prepared in the Oxygen Media case. Good luck with the motion and your request that you be allowed to participate in the settlement conference.

Fake Abe Froman
Chicago, ILL; April 24, 2022 at 5:11 PM
Callm3Chuck said...: Fake Abe -- In Sid's defense, I think he (well, Crystal Mangum) creates the motions on his computer, so he has the file in an electronic format and they are easy for him to post.

It appears he gets the defendant filings by manually printing them off -- and without the appropriate resources (like a scanner) it's difficult for him to convert them to an electronic format without taking time away from his cat.; April 25, 2022 at 7:20 AM
Callm3Chuck said...: In the Mangum v. Kinsley et al case, there was an order for discovery plan sent to all parties on April 8.

What does that entail? Will you be sharing that with us?

From what I understand, this meeting is between the attorneys or in the absence of an attorney, the unrepresented party -- so it sounds like Dr. Harr will either not be allowed to attend, or if allowed to attend, will not speaking for Crystal Mangum.

There also appears to be some requirements around any expert witnesses called if the case moves to trial.

Dr. Harr -- you might want to check w/ Dr. Wecht regarding his willingness and ability to testify if you plan to use his document as part of the trial - should it make it that far.

If he's unable or unwilling to testify, his opinion document can (and in all likelihood will) be excluded.; April 25, 2022 at 9:03 AM
Anonymous said...: Sid,

What is your current prediction regarding Crystal’s release date?; April 25, 2022 at 9:36 AM
Anonymous said...: Sid's too busy playing with his cat to allow comments to be posted.; April 25, 2022 at 10:44 AM
Callm3Chuck said...: Lawyers here -- Doesn't any mediation occur during the discovery phase of the civil litigation?

If so, motions to dismiss the lawsuit would happen before any action on this motion would be considered, correct?

Thanks,
-Chuck; April 27, 2022 at 8:48 AM
Doogie Howser said...: Kenny,

Have you been unable to post comments because you have been too busy working with Chuck to create the repository for Sid’s documents? We have been waiting for weeks for your post on Duke Lacrosse Apologists.; April 27, 2022 at 10:15 AM
Anonymous said...: Hey Sid -- if you're too "busy" to allow comments to be posted, maybe you should appoint Kenhyderal as a moderator....; April 27, 2022 at 12:39 PM
kenhyderal supporter said...: kenhyderal is too modest to request that Dr. Harr appoint him as a moderator. I suggested to Dr. Harr that he should nominate kenhyderal to be the next President of J4N, but kenhyderal refused to accept the nomination.; April 27, 2022 at 5:54 PM
Anonymous said...: Sid would not release Kenny’s post on Duke Lacrosse Apologists because it was plagiarized.; April 28, 2022 at 4:29 AM
Doogie Howser said...: Dr. Harr,

Has Kenny continued to submit plagiarized posts?; April 28, 2022 at 5:41 AM
Anonymous said...: Anyone else notice that Sid keeps confusing the DHHS case and the Oxygen Media case?; April 28, 2022 at 7:39 AM
Anonymous said...: Sid,

Do you have any updates on your secret projects that you want to share with us?; April 28, 2022 at 9:46 AM
Anonymous said...: Sid,

We are all waiting for news regarding your secret projects.; April 30, 2022 at 11:18 AM
Anonymous said...: Sid,

It’s time to stop playing with your cat and release a few comments.; April 30, 2022 at 3:49 PM
Anonymous said...: Hallo Sid,

Where are you?; April 30, 2022 at 4:37 PM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

Apologies for not spending more time on comments, but there is much going on with Crystal's legal cases. So much that I actually get confused at times when writing comments about the different cases. Upcoming is the Rule 26(f) meeting on a discovery plan in Mangum's civil rights case against DHHS. Getting an approved Record on Appeal filed is being undertaken in Mangum's defamation lawsuit against WRAL. Regarding the Oxygen lawsuit, the ball is in the court's court. We're waiting for it to make a move.

The shar-video on Part Three (of Four) is close to being completed and should be uploaded within two weeks or so.

My spoiled cat Adonis has been kept at bay and not biting me as I keep giving him tuna and treats and attention.

So, that's the latest update. Some legal action should be taking place soon.

As you were.; April 30, 2022 at 7:25 PM
Anonymous said...: Sid,

Have you stopped making predictions about a release date?; May 1, 2022 at 4:37 AM
A Durham Man said...: Sid,

Kenny is no longer posting comments. Has he lost interest in your lawsuits?; May 1, 2022 at 5:30 AM
kenhyderal supporter said...: Has kenhyderal gone missing?; May 3, 2022 at 4:24 AM
Callm3Chuck said...: Dr. Harr is not going to let anyone create a document repository.

At one time, I created a comment here that linked to a document I had placed in a cloud-based storage service as a test to validate that the plan for the repository was viable.

My thought was that I would post the comment here and have you all confirm the link worked.

Dr. Harr never published the comment.

He complains about being an army of one, yet ignores or outright rejects any offers to assist him and by extension, Crystal Mangum. So be it.; May 3, 2022 at 5:44 AM
Anonymous said...: Chuck,

It has been obvious for years that Dr. Harr and Kenny are just another in a long line of those abusing Mangum for their own purposes. The manipulation is obvious, and it's sad how Sid has isolated Mangum, and convinced her he's the only one fighting for her. It's typical abusive behavior. He has her right where he wants her - a captive audience, beholden to him.

No, he doesn't want help, he wants Crystal to think there is no one but him fighting for her, and he certainly doesn't want to do anything that might result in her release.; May 3, 2022 at 1:02 PM
Callm3Chuck said...: I wouldn't presume to psychoanalyze Dr. Harr, but I think he should definitely find a disinterested 3rd party to run his decisions by before acting on them.

-Chuck; May 3, 2022 at 3:49 PM
Fake Abe Froman said...: Chuck,

Did anything come of your discussions with kenhyderal?

Fake Abe Froman
Chicago, IL; May 3, 2022 at 4:20 PM
kenhyderal said...: Crystal is too intelligent not to know who are her friends and who has her best interest at heart. Hopefully Chuck is sincere but I could not help but feel he was trying to cause a split between me and Dr.Harr so that he could enlist me to convince Dr. Harr to go along with his offer which Dr. Harr may be reluctant to do I have full confidence in Dr. Harr and his decisions. He has done what no others could do and that is prove her innocence and show the injustice of the American Judicial System in North Carolina; May 3, 2022 at 7:44 PM
CallmeChuck said...: “… he was trying to cause a split between me and Dr.Harr so that he could enlist me to convince Dr. Harr to go along with his offer which Dr. Harr may be reluctant to do ”

Ridiculous.

You two obviously deserve each other. Crystal Mangum, on the other hand, deserves better.

For the record, everyone. I had to send my emails to Kenhyderal thru Dr. Harr. To the best of my knowledge, they were never just forwarded on. In every instance, the response I received did not match the questions I asked. Kenhyderal never responded to my emails directly.

I can only conclude that either:

Dr. Harr heavily edited my questions.

Kenhyderal disregarded the actual questions and wrote the most meaningless drivel he could think of.

Initially I believed the former. Kenhyderal has now convinced me it was the latter.

Dr. Harr/Kenhyderal, I’ve defended both of you here and I offered to help numerous times.

No more.
I’m done.; May 4, 2022 at 6:12 AM
A Durham Man said...: Chuck,

You describe the kenhyderal that many of us have observed for the past 10 years.; May 4, 2022 at 3:15 PM
kenhyderal said...: For the record, Chuck never provided me with his e-mail; while asking for mine. That being the case I asked him to e-mail me c/o J4Nifong and have Dr. Harr forward it to me. He called my speculation about the reason for that ridiculous but he failed to give an explanation. He feels convinced his offer would be beneficial for Crystal's situation and he purports to be highly concerned for her and her situation. I've told him he is free to post any e-mails I sent him c/o Dr. Harr in response to his e-mails to me . That way side by side the readers can decide what is drivel. He feels free to speculate about the motives of those who care for Crystal but when his own are queried he is offended. It's too bad if he cuts and rums because I do speculate he is a person who well knows there is a grave injustice here. But his offer is hardly the magic solution. I hope, though, he will stay and be on the right side of History when the truth ie. "Crystal is innocent of murder", prevails.; May 4, 2022 at 4:00 PM
guiowen said...: Chuck,
Please don't be so hard on Kenhyderal. It's just that, because of context, he misunderstands half of what other people say, and forgets half of what he says.; May 4, 2022 at 4:59 PM
Doogie Howser said...: Chuck,

It has been apparent for a long time that Kenny is a troll. It’s better that you realized that now before you wasted more time.; May 4, 2022 at 5:58 PM
kenhyderal said...: @ Doogie: Troll, like racist and Nazi is an epithet that frequently gets thrown at me, on this blog, all of them totally without merit. How do you define "troll" and can you show readers here how my participation, posts and defence of Crystal Mangum is an example of me being a troll. P.S. don't dodge by saying debating with me ia a waste of time. Give it a go.; May 4, 2022 at 8:12 PM
A Durham Man said...: Doogie,

Don’t feed the troll.

Just like in the case of the term “plagiarist,” Kenny will make up his own definition of “troll.”; May 5, 2022 at 2:08 AM
Doogie Howser said...: Kenny,

Please provide an example of when you have been called a “Nazi” at this blog.

And yes, debating with you truly is a waste of time.; May 5, 2022 at 2:37 AM
Prince Humperdinck said...: How is Chuck supposed to give you his email address when he can’t email you? You want him to post his email address here when you are afraid to do the same?

It’s obvious Sid has Chuck’s email address. Did you ask Sid for it? Do you know if Chuck asked Sid to give it to you? Do you actually trust Sid to tell you the truth?

Based on Chuck’s comments, I’m willing to bet Sid wouldn’t post anything from Chuck that contained any of your emails. I’ll be surprised if he lets this comment go through.; May 5, 2022 at 5:51 AM
Nifong Supporter said...: HEY, EVERYBODY... LISTEN UP!
IMPORTANT ANNOUNCEMENT!!

Have been busy with Crystal's lawsuits against DHHS and the appeal on WRAL-5 News. Also, am days away from completing Part 3 of the shar-video on Judge Sternlicht's Ex Parte Ruling. Plus there are other strategies in which I am engaged that will hopefully become apparent soon.

As you were.; May 5, 2022 at 6:32 AM
Callm3Chuck said...: My final comment. Ken, here is the text of my last email to Dr. Harr from April 25:

Dr. Harr -- I thought my email messages were getting passed on to Ken. Apparently that's not the case, as he doesn't have my email address. Please pass my email address on to him when you get a chance.

Thanks,
-Chuck

I provided my email address to Dr. Harr and asked him to pass it along to you. if you didn't get it, your issue is with Dr. Harr - not me.

He solely owns any communication to you and chose not to give you my contact information even though I asked him to.

Not that it matters to me any longer, but you should acknowledge to everyone that I made the attempt.

-Chuck; May 5, 2022 at 8:02 AM
Prince Humperdinck said...: Chuck - Sorry to see you go.

You shouldn't blame Sid. He is too busy with his spoiled cat Adonis to pass along your email info to Kenny.; May 5, 2022 at 9:36 AM
kenhyderal said...: @ Doogie Apparently you don't remember the Anonymous Poster, who I called Dr. Anonymous, highly regarded here by the Crystal detractors and claiming to be a neuro-surgeon who throughout his many posts called me a nazi eg "When you claim that Sidney Harr is as great as Dr. King, you remind me of the neo Nazis who try to pass off Hitler as a great man. HEIL KENNY!!!"; May 5, 2022 at 3:48 PM
kenhyderal said...: @ Chuck: Like "The Prince" I'm sorry to see you go. I'm still unsure as to why you wanted to discuss matters relating to Crystal's case, with me, in private and not here on the blog. Were you trying to enlist me as an advocate for your offer to Dr. Harr, with the hopes that I might convince him to accept it? Second guessing Dr. Harr, on matters relating to his fiancee, despite being the person who introduced them to each other, is something I don't have the temerity to do. What I learned in kindergarten; when things don't go exactly my way I should not pick up my marbles and go home.; May 5, 2022 at 7:47 PM
Fake Abe Froman said...: Kenny,

Saying that you remind him of the Nazis is not calling you a Nazi. Regardless, I agree with Doogie that debating with you is a waste of time.

Fake Abe Froman
Chicago, IL; May 5, 2022 at 9:14 PM
kenhyderal said...: @Fake Abe: Just one of dozens. Arguing semantics??; May 6, 2022 at 8:24 AM
A Durham Man said...: Doogie,

In Kenny’s mind, “debating” means that you must prove that no poster over the past decade has called Kenny a “Nazi.” If you fail to do so, then Kenny believes that his original statement must be accepted as true.

Kenny would rather engage is this form of “debating” rather than work on his secret plans to win Crystal a new trial, along with compensation for wrongful incarceration. This explains why Kenny has earned the title of “master debater.”; May 6, 2022 at 10:28 AM
Prince Humperdinck said...: Maybe he wanted to discuss in email b/c Sid's too busy playing with his spoiled cat Adonis to approve people's comments?

In the last 2 blog entries, I know of at least 1 reply from YOU to Chuck that never got posted (I believe that's what started the communication between the two of you), and 1 comment from Chuck that was never posted.

You going to say anything to Sid about not forwarding on Chuck's email address like he asked?; May 6, 2022 at 1:17 PM
Anonymous said...: It's a problem of perception....
https://www.youtube.com/watch?v=p5nKJvEDJKM; May 6, 2022 at 1:32 PM
Anonymous said...: Kenny- Sid send you Chuck’s email address yet?; May 9, 2022 at 6:49 PM

Thursday, April 21, 2022

MANGUM v. OXYGEN MEDIA GROUP: Motion for Mediated Settlement Conference

60 comments:

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