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.
CASE NO.: 103 CV-3976 (TWT)
DEFENDANT'S INITIAL DISCLOSURES
(1) If the defendant is improperly identified, state defendant's correct identification and
state whether defendant will accept service of an amended summons and complaint reflecting the
information furnished in this disclosure response.
Defendant Fox News Network L.L.C. the "Fox News Channel" properly identified.
(2) Provide the names of any parties whom defendant contends are necessary parties to this
action, but who have not been named by plaintiff. If defendant contends that there is a question
of misjoinder of parties, provide the reasons for defendant's contention.
None.
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(3) Provide a detailed factual basis for the defense or defenses and any counterclaims or
crossclaims asserted by defendant in the responsive pleading.
None of the complained-of statements taken in context could be construed as defamatory of any of the
Plaintiffs. The News Report also included numerous facts that indicated Plaintiffs were not being accused of a
crime and therefore the News Report is not defamatory per se.
Further. Plaintiffs cannot maintain an action for per quod defamation because the they failed to plead special
damages. In fact Plaintiffs cannot show any damages.
In addition, the words complained of are substantially true.
Fox News Channel does not assert any counterclaims or crossclaims at this time.
(4) Describe in detail all statutes, codes, regulations, legal principles, standards and
customs or usages, and illustrative case law which defendant contends are applicable to this
action.
First Amendment to the United States Constitution;
Federal Rule of Civil Procedure 12(b)(6): Motion to dismiss standard;
Ga. Code Ann. Section 9-11-9(g): Special damages pleadings requirements;
Ga. Code Ann. Section 51-5-1(a): Definition of libel;
Ga. Code Ann. Section 51-5-4: Definition of slander;
Ga. Code Ann. Section 51-5-10: Broadcasting stations' liability for defamation;
Ga. Code Ann. Section 51-12-2(b): Definition of special damages;
Legal principals of defamation per se and defamation per quod;
Legal principals of public figures and applicable actual malice standard;
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See also Memorandum of Law in Support of Defendant's Motion to Dismiss Plaintiffs' Amended Complaint for
illustrative case law.
(5) Provide the name and, if known, the address and telephone number of each individual likely
to have discoverable information that you may use to support your claims or defenses, unless
solely for impeachment, identifying the subjects of the information. (Attach witness list to
Initial Disclosures as Attachment A.)
A list of individuals likely to have discoverable information is annexed hereto as Attachment A.
(6) Provide the name of any person who may be used at trial to present evidence under Rules
702, 703, or 705 of the Federal Rules of Evidence. For all experts described in Fed.R.Civ.P.
26(a)(2)(B), provide a separate written report satisfying the provisions of that rule.
(Attach expert witness list and written reports to Initial Disclosures as Attachment B.)
See Attachment B annexed hereto.
(7) Provide a copy of, or description by category and location of, all documents, data
compilations, and tangible things in your possession, custody or control that you may use to
support your claims or defenses unless solely for impeachment, identifying the subjects of the
information. (Attach document list and descriptions to Initial Disclosures as Attachment C.)
A document list with accompanying descriptions is annexed hereto as Attachment C.
(8) In the space provided below, provide a computation of any category of damages claimed by
you. In addition, include a copy of, or describe by category and location of, the documents or
other evidentiary material, not privileged or protected from disclosure on which such
computation is based, including materials bearing on the nature and extent of injuries suffered,
making such documents or
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evidentiary material available for inspection and copying under
Fed.R.Civ.P. 34. (Attach any copies and descriptions to Initial Disclosures as Attachment D.)
See Attachment D annexed hereto.
(9) If defendant contends that some other person or legal entity is, in whole or in part, liable
to the plaintiff or defendant in this matter, state the full name, address and telephone number
of such person or entity and describe in detail the basis of such liability.
Fox News Channel makes no such claim at this time.
(10) Attach for inspection and copying as under Fed.R.Civ.P. 34 any insurance agreement under
which any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action or to indemnify or reimburse for payments to
satisfy the judgment. (Attach copy of insurance agreement to Initial Disclosures as Attachment
E.)
Fox News Channel will produce insurance agreements, with privileged information redacted, in which any person carrying on an insurance business may be liable to satis part or all of a judgment which may be entered in this action once the parties have entered into a protective order. As such Fox News Channel has not included an such a agreement as Attachment E.
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Defendant Fox News Channel reserves the right to amend and supplement this disclosure as more
information becomes available.
Dated: May 27, 2004
Respectfully Submitted,
HOGAN & HARTSON L.L.P.
Signature of Dori Ann Hanswirth
Dori Ann Hanswirth
Jason P. Conti
875 Third Avenue
New York, New York 10022
Tel: (212) 918-3000
Facsimile: (212) 918-3100
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ALSTON & BIRD L.L.P.
Judson Graves
Ga. Bar # 305700
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309
Tel: (404) 881-7000
Facsimile: (404) 881-7777
Counsel for Defendant
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ATTACHMENT A
The following persons are reasonably likely to have discoverable information that defendant Fox
News Channel may use to support its defenses in the above-captioned action.
(1) Name: H. Ellis Armistead
Address: H. Ellis Armistead & Associates, LLC
802 East 19th Ave
Denver, CO 80218
Telephone: 303-825-2373
Subject: Various leads he independently pursued on behalf of the Plaintiffs shortly after JonBenet Ramsey's death, including his investigation of a possible intruder, among other topics.
(2) Name: Linda Arndt
Address: XXXXXXXXXX
XXXXXXXXXX
Telephone: Currently unknown
Subject: Her role in the early stages of the investigation from the first day JonBenet was found, including evidence she collected, leads she pursued, suspects she explored, and any investigation she conducted regarding a possible intruder, among other topics.
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(3) Name: Mark Beckner
Address: Boulder Police Department
1805 33rd Street
Boulder, Colorado 80301
Telephone: 303-441-3300
Subject: All stages of the investigation into JonBenet's death, including the search for evidence, the pursuit of leads, the interrogation of suspects and the investigation conducted regarding a possible intruder, among other topics.
(4) Name: Tom Bennet
Address: Boulder District Attorney's Office
Boulder County Justice Center
1777 Sixth Street
Boulder, CO 80302
Telephone: 303-441-3700
Subject: Recent efforts of the investigation into JonBenet's death, including any additional evidence he has collected, any additional investigation of a possible intruder that he has conducted and any new leads that he has pursued, among other topics.
(5) Name: Damon Blick
Address: c/o Hogan & Hartson L.L.P
875 Third Avenue
New York, New York 10022
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Telephone: 212-918-3000
Subject: Involvement in the preparation of the News Report.
(6) Name: Kelly Burke
Address: c/o Hogan & Hartson L.L.P.
875 Third Avenue
New York, New York 10022
Telephone: 212-918-3000
Subject: Involvement in the preparation of the News Report.
(7) Name: John Eller
Address: XXXXXXXXXX
XXXXXXXXXX
Telephone: XXXXXXXXXX
Subject: Role in heading up the early investigation into JonBenet's death, including evidence that was collected, leads that were pursued, suspects who were interrogated and any investigation that was conducted regarding a possible intruder, among other topics.
(8) Name: Ron Gosage
Address: Boulder Police Department
1805 33rd Street
Boulder, Colorado 80301
Telephone: 303-441-3300
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Subject: Ongoing investigation into JonBenet's death, including evidence that he has collected, leads he has pursued, suspects he has explored, and any investigation he has conducted regarding a possible intruder, among other topics.
(9) Name: Lloyd Gottschalk
Address: c/o Hogan & Hartson L.L.P.
875 Third Avenue
New York, New York 10022
Telephone: 212-918-3000
Subject: Involvement in the preparation of the News Report.
(10) Name: Ollie Gray
Address: 4230 Bromley Place
Colorado Springs, CO 80906
Telephone: 719-527-1113
Subject: Various leads regarding JonBenet's death that he has recently and independently pursued on behalf of the Plaintiffs, including his investigation of a possible intruder, among other topics.
(11) Name: Thomas Haney
Address: Denver District Attorney's Office
201 West Colfax Avenue, Dept. 801
Denver, CO 80202
Telephone: 720-913-9124
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Subject: Evidence, leads and the general investigation into JonBenet's death, among other topics, given his role as an interviewer of plaintiff Patsy Ramsey.
(12) Name: Jane Harmer
Address: Boulder Police Department
1805 33rd Street
Boulder, Colorado 80301
Telephone: 303-441-3300
Subject: Her role in the full breadth of the investigation into JonBenet's death, including any evidence she collected, leads she pursued, suspects she interrogated and investigation she conducted regarding a possible intruder, among other topics, given her role as one of the few law enforcement personnel who has been involved from the beginning of this case and who is still involved today.
(13) Name: Linda Hoffmann-Pugh
Address: Colorado
Telephone: Currently unknown
Subject: Details of the days leading up to JonBenet's death, including the location of material later collected as evidence, among other topics, as she was an employee of the Plaintiffs, working in their home right up until
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JonBenet's death.
(14) Name: Alex Hunter
Address: XXXXXXXXXX
XXXXXXXXXX
Telephone: XXXXXXXXXX
Subject: Each and every stage of the investigation into JonBenet's death while he served as Boulder District Attorney, given his knowledge of virtually every piece of evidence, lead, suspect and theory that arose during his tenure.
(15) Name: Michael Kane
Address: Pennsylvania
Telephone: XXXXXXXXXX
Subject: All stages of the investigation into JonBenet's death including any evidence of a possible intruder, among other topics.
(16) Name: Mary Keenan
Address: Boulder District Attorney's Office
Boulder County Justice Center
1777 Sixth Street
Boulder, CO 80302
Telephone: 303-441-3700
Subject: Certain stages of the investigation into JonBenet's death,
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including evidence that has been collected, leads that have been pursued, suspects cleared and any investigation regarding a possible intruder that has been conducted while she has served as District Attorney.
(17) Name: Denis King
Address: c/o Hogan & Hartson L.L.P
875 Third Avenue
New York, New York 10022
Telephone: 212-918-3000
Subject: Steps taken as Fox News Channel's Denver Bureau Chief in reviewing and approving drafts of the News Report.
(18) Name: Tom Koby
Address: Colorado
Telephone: Currently unknown
Subject: All stages of the investigation since the day JonBenet's body was found until his last day as Police Chief, including the search for evidence, the pursuit of leads, the interrogation of suspects and the investigation of various theories, including the possibility of an intruder, among other topics.
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(19) Name: Dr. Henry Lee
Address: Connecticut Division of Scientific Services
278 Colony Street
Meriden, Connecticut 06451
Telephone: 203-639-6400
Subject: Forensic work related to the investigation of JonBenet's death, including evidence he has tested or analyzed, DNA analysis he has reviewed, fibers he has investigated, and any evidence he has studied regarding a possible intruder.
(20) Name: Pete Mang
Address: Colorado Bureau of Investigation
690 Kipling Street
Denver, CO 80215
Telephone: 303-239-4300
Subject: His ongoing role overseeing the forensic work in the JonBenet case, including evidence that has been tested, DNA analysis that has been conducted, fibers that have been investigated, handwriting analysis that has been completed and suspects who have been eliminated, among other topics.
(21) Name: Carol McKinley
Address: c/o Hogan & Hartson L.L.P.
875 Third Avenue
New York, New York 10022
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Telephone: 212-918-3000
Subject: Information relating to steps taken to ascertain the truth of the statements contained in the News Report, including communications with Plaintiffs' counsel, information regarding past reports on the JonBenet case, and knowledge of the case in general.
(22) Name: Dr. John B. Meyer
Address: Boulder County Coroner's Office
Boulder County Justice Center
1777 Sixth Street
Boulder, CO 80302
Telephone: 303-441-3535
Subject: His findings and conclusions regarding JonBenet's injuries and her cause of death as the doctor who completed the autopsy on JonBenet's body.
(23) Name: Mitch Morrissey
Address: Denver District Attorney's Office
201 West Colfax Avenue, Dept. 801
Denver, CO 80202
Telephone: 720-913-9000
Subject: All stages of the investigation into JonBenet's death, including any evidence of a possible intruder, among other topics.
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(24) Name: John Ramsey
Address: c/o L. LIN WOOD, P .C.
The Equitable Building
Suite 2140
100 Peachtree Street
Atlanta, Georgia 30303
Telephone: 404-522-1713
Subject: His personal involvement in the JonBenet case.
(25) Name: Patsy Ramsey
Address: c/o L. LIN WOOD, P.C.
The Equitable Building
Suite 2140
100 Peachtree Street
Atlanta, Georgia 30303
Telephone: 404-522-1713
Subject: Her personal involvement in the JonBenet case.
(26) Name: Burke Ramsey
Address: c/o L. LIN WOOD, P .C.
The Equitable Building
Suite 2140
100 Peachtree Street
Atlanta, Georgia 30303
Telephone: 404-522-1713
Subject: His personal involvement in the JonBenet case.
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(27) Name: Lou Smit
Address: XXXXXXXXXX
XXXXXXXXXX
Telephone: XXXXXXXXXX
Subject: Evidence that has been collected and the possibility of an intruder, among other topics related to the investigation of JonBenet's death.
(28) Name: Steve Thomas
Address: Steve Thomas BMW
XXXXXXXXXX
XXXXXXXXXX
Telephone: XXXXXXXXXX
Subject: His role in the full breadth of the investigation into JonBenet's death, including any evidence he collected, leads he pursued, suspects he interrogated and investigation he conducted regarding a possible intruder, among other topics.
(29) Name: Tom Trujillo
Address: Boulder Police Department
1805 33rd Street
Boulder, Colorado 80301
Telephone: 303-441-3300
Subject: His role in the full breadth of the investigation into JonBenet's death, including any evidence he collected, leads he pursued, suspects he
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interrogated and investigation he conducted regarding a possible intruder, among other topics, given his role as one of the few law enforcement personnel who has been involved from the beginning of this case and who is still involved today.
(30) Name: Chet Ubowski
Address: Colorado Bureau of Investigation
690 Kipling Street
Denver, CO 80215
Telephone: 303-239-4300
Subject: Handwriting analysis performed on the ransom note found in the Plaintiffs' home, including all suspects eliminated as a result of this work, among other topics.
(31) Name: Carl W. Whiteside
Address: Florida
Telephone: Currently unknown
Subject: Forensic work related to the death of JonBenet conducted during his tenure at the Colorado Bureau of Investigation, including evidence that was tested, DNA analysis that was conducted, fibers that were investigated, handwriting analysis that was completed and any suspects who were eliminated, among other topics.
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(32) Name: Tom Wickman
Address: Town of Frisco Police Department
1 Main Street
Frisco, CO 80443
Telephone: 970-668-3579
Subject: Evidence he collected, leads he pursued, suspects he interrogated and investigation he conducted, among other topics, during his involvement with the investigation regarding JonBenet's death from the beginning until his recent departure from the department.
(33) Name: L. Lin Wood
Address: L. LIN WOOD, P .C.
The Equitable Building
Suite 2140
100 Peachtree Street
Atlanta, Georgia 30303
Telephone: 404-522-1713
Subject: Interviews given to Fox News Channel reporter Carol McKinley, other past interaction with McKinley regarding the investigation into JonBenet's death, and his role in general regarding the investigation into JonBenet's death.
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(34) Name: Individual(s) who viewed the News Report.
Address: Currently unknown
Telephone: Currently unknown
Subject: Any potential damage to Plaintiffs' reputations.
(35) Name: Individuals familiar with Plaintiffs' reputations.
Address: Currently unknown
Telephone: Currently unknown
Subject: Any potential damage to Plaintiffs' reputations.
(36) Name: Various other individuals formerly involved in the investigation into the death of JonBenet.
Address: Currently unknown
Phone: Currently unknown
Subject: Information regarding the allegations in the Complaint.
Defendant Fox News Channel reserves the right to amend and supplement this disclosure as more
information becomes available.
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ATTACHMENT B
The Fox News Channel has not yet selected any expert witnesses. Defendant Fox News Channel reserves the right to amend and supplement this disclosure as more information becomes available.
ATTACHMENT C
The following categories of non-privileged documents, data compilations and tangible things are in the possession, custody, or control of the Fox News Channel and may be used by the Fox News Channel to support its defenses in the above-captioned action:
(1) Non-privileged notes taken by McKinley in connection with research for the News Report;
(2) Non-privileged communications between McKinley and sources for the News Report;
(3) Other articles and news reports regarding JonBenet's death reported on by McKinley;
(4) Other articles and news reports regarding JonBenet's death from various news outlets;
(5) Other documents and materials in the possession of McKinley and/or Fox News Channel regarding JonBenet's
death and the investigation thereof;
(6) Drafts of the News Report;
(7) Videotapes of the News Report;
(8) Correspondence between counsel for Plaintiffs and McKinley; and
(9) Non-privileged correspondence between counsel for Plaintiffs and Fox News Channel concerning Plaintiffs' potential claim.
Defendant Fox News Channel reserves the right to amend and supplement this disclosure as more information becomes available.
ATTACHMENT D
Defendant Fox News Channel makes no claim for damages and thus has no computation of damages. Defendant Fox News Channel reserves the right to amend and supplement this disclosure as this matter progresses.
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.
CASE NO.: I 03 CV-3976 (TWT)
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the within and foregoing DEFENDANT'S
INITIAL DISCLOSURES by depositing same in the United States Mail in an envelope with adequate postage affixed
thereon, properly addressed as follows:
L. Lin Wood
L. LIN WOOD, P.C.
The Equitable Building
Suite 2140
100 Peachtree Street
Atlanta, Georgia 30303
This 28th day of May, 2004.
Signature of Jennifer L. Moore
Jennifer (Jenna) L. Moore
Bar No. 519729