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


-1-





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


-2-





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


-3-






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


-1-





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


-2-





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

 

-3-



 


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


-2-





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


-3-





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