Friday, June 29, 2012

Matt and Amy Roloff Lawsuit VS Washington County Is Officially Over

After more than a year and a half, the case between the Roloffs and Washington County stemming from the trespassing incident seen on an episode of Little People, Big World in 2010, is now officially finished.

The court document containing the final ruling from the judge were filed and posted to the public website on June 28th, 2012.

"Based on my oral ruling at the April 10, 2012, hearing in this matter and the proposed 
form of judgment submitted by the parties [127],

prejudice.  Pending motions, if any, are DENIED AS MOOT."

DATED this    28th    day of June, 2012.
/s/ Michael W. Mosman      .
United States District Court

If you haven't followed our items about this case, here is a quick explanation of what happened recently.

By the way, these documents are all public court documents that are available to anyone who wishes to access the website. The case  was No. 3:10-CV-1487-MO in Oregon.

The important date for this case was April 10th, 2012. This is when the judge made his ruling on the claims in this case. The judge dismissed all of the Roloffs claims against the County -- all of the constitutional portions of the lawsuit. The only part that was left was a simple trespass charge.

The parties were proceeding with the trial over the simple trespassing charge and announced their witnesses. Then shortly after that, both parties announced they had reached a settlement. The trial was wiped off the schedule.

This week the transcript of the Judge's April 10th ruling was posted to the public website.
And now the June 28th document declared that the case has now been dismissed.
So, the case is finally over.

If you're trying to get a feel for who won or how the case went down, the April 10th, 2012 transcript of the Judge's ruling makes it all very clear how this case was going.

Again, anyone reading can read the documents for themselves, however, I will summarize here.

After the judge announces his decision that he is dismissing most of the Roloffs complaints, counsel on both sides got a chance to speak to the judge and make their argument.

This was part of the document:

The parties having appeared on this matter in court on summary judgment on April 10, 
2012 through their respective counsel, Ross Day for Plaintiffs, and Chris Gilmore for 
Washington County Defendants, this court having granted Washington County’s Motion for 
Summary Judgment with respect to all of the state and federal claims except trespass consistent 
Case 3:10-cv-01487-MO    Document 127    Filed 06/25/12    Page 1 of 2    Page ID#: 1217Page 2 – JUDGMENTwith the Transcript of Proceedings attached hereto as Exhibit 1. The parties having agreed to 
settlement of the remaining trespass claim.

It is ordered that: 
Judgment is hereby granted in favor of Washington County Defendants as to all state and 
federal claims except trespass. The remaining issue of trespass having been settled that claim is 
dismissed with prejudice.

As the attorney for Washington County, Chris Gilmore, begins to speak, the judge says this:

"It's your 
15 motion.  Mr. Gilmore or Mr. Dickens, are you speaking to 
16 that? 
17 MR. GILMORE:  Yes, Your Honor.
18 THE COURT:  It's your motion.  I don't want you to
19 snatch defeat from the jaws of victory, so you can maybe
20 limit yourself to the last issue, if you choose to do so,
21 and otherwise I'll then turn to plaintiff.
22 MR. GILMORE:  I will do exactly that.  Thank you,
23 Your Honor.

Here is the exchange between the Judge and the Roloffs lawyer (Ross Day):

THE COURT:  I'm aware of the argument you made.
 3 I've made my ruling.  Let's move on to the constitutional
 4 claims.
 5 MR. DAY:  Okay.
 6 THE COURT:  Try to do it without unprofessionally
 7 looking extremely disappointed with my ruling.
 8 MR. DAY:  I don't believe I am, Your Honor.  I'm
 9 reading my notes.
10 THE COURT:  Go ahead.

In fairness, later in the proceeding, the Roloffs lawyer, wanted to clarify that his expression that the judge took as being unprofessional and "looking extremely disappointed" with the ruling by saying that he was wearing new glasses and was feeling a bit dizzy. The Judge responded by saying that if that was the explanation he had nothing to apologize for and if Day felt that he was harboring any resentment, he wasn't.

The other part that was included in this that might be significant, was this statement from the Roloffs attorney regarding the Roloffs not being able to get their attorney fees covered:

MR. DAY:  I disagree that the state law remedy is
 4 necessarily an adequate remedy.  I think --
 5 THE COURT:  Well, in what way is it inadequate?
 6 MR. DAY:  Well, for instance, it doesn't entitle
 7 my clients to -- it doesn't give them the opportunity to
 8 recover attorney's fees that they've incurred in protecting
 9 their rights.

So, I think that gives a pretty good indication of how this ruling went down.

All that remained was a simple trespass charge and not too long after this ruling is when the parties announced that they had reached a settlement.

And now the case has been dismissed.

Very shortly, Rap541, who along with myself was forced into following this case closely after the Roloffs had issued a subpoena of the Spiritswander Blog, will have an item for you reviewing all of the interesting parts of the documents related to this whole process. These were all things that were said by the people involved under oath so there were a lot of things mentioned that I think the public will find rather interesting about how Matt and Amy describe their lives (rather different from their Facebook Fan Page persona), information about some of the things Matt has always teased about on his Facebook Fan Page and information about the unedited video from TLC that fans never got to see.  

1 comment:

Podge/Rodge groupie said...

This is great. I too, can't wait to get started.