Sunday, December 9, 2012

Matt and Amy Roloff Appealed Case Vs Washington County

This isn't breaking news since it was filed several months ago, however, we haven't mentioned it until now. Since the matter of whether or not the Roloffs are invested in this site or not has been raised and debated recently, we thought this might be a good time for this item.

A few months ago, Matt and Amy Roloff filed documents to the Ninth Circuit Court appealing the decision for their case against Washington County. As most know, the Roloffs basically lost badly in that case.

http://spiritswander.blogspot.com/2010/02/spiritswander-blog-defeats-matt-and-amy.html

The judge threw out all the constitutional claims and reduced it to a simple trespassing charge. Shortly after that decision, the Roloffs and the County apparently reached a settlement and the case was closed.

Well, the Roloffs are appealing. What might be of interest to our readers, is that the Roloffs are specifically mentioning their failed attempt to subpoena Spiritswander (for all my personal information, informational about my email address and the personal information about anyone who has ever, in the 4 year history of the Blog, issued a comment to the blog.). We filed a Motion to Quash the subpoena. The judge then ruled in our favor, against the Roloffs, and quashed the subpoena.

This is what the Roloffs and their attorney wrote in their reason for appeal:

 Briefly describe the result below and the main issues on appeal.

"The trial court granted summary judgment in favor of Washington County on all claims except the Plaintiffs' trespass claims. The main issues on appeal are the decisions of the trial court on the Plaintiffs' claims under the 4th Amendment to the Constitution and the Equal Protection Clause of the Constitution. The Plaintiffs are also challenging the trial court's decision to quash a subpoena issued earlier in the case."


For our readers that supported our Motion to Quash and oppose Matt and Amy Roloff being given your personal and private information, at this point there is nothing to be concerned about and really there's nothing to do. Generally, appeals rarely are successful because they need to prove that the judge made a mistake in the case and said mistake had an effect on the outcome of the case. And even if the Roloffs were successful on the appeal, then the whole subpoena process would start over again.

The next decision for the appeal isn't until February 2013.


23 comments:

Nancy said...

Good to see the Roloffs spending their time helping others...

Kyle said...

Yes it's standard to appeal when a case doesn't go your way but clearly this shows that they're just greedy trolls. They realized they weren't happy with the settlement and still want more so they appeal.

Podge/Rodge groupie said...

Well, I wonder what TWhite has to say about these recent developments. Matt's behavior is also flying in the face of Cleo's comments of Nov. 29 @ 7:16AM and Nov. 30 @ 6:35 AM.
Matt refuses to give up on the superfluous subpoena to this site. Why? If he doesn't care about it at all? If it is true, as has been claimed, that Matt does NOT himself nor have any of his staff watching the media for negative publicity, Why the appeal, and mentioning the subpoena in the opening comments?
This is the time for his supporters to step forward, no?

Rap541 said...

I'm sure we'll see nothing but silence, Podge.

This also goes to all the people who were "Shut up! Matt won!" - clearly Matt didn't think he won in the settlement since he's appealing his winnings but I am sure Dana won't make a comment on how she needs to be dining on crow and begging everyone's pardon for being wrong....

Kyle - I agree. Frankly, I think the subpoena issue is Matt being spiteful but I think he and Amy are genuinely fried off that they lost all of their constitutional claims.

Nancy - the most amusing thing, aside from noting how indeed, Matt is NOT over it and is indeed continuing to keep a keen interest here, is that whole sequence in the recent episode where Matt and Amy allowed a ton of people onto their intensely private property and thought white tape would protect them.

I'm further convinced that the wedding business will last only as long as TLC is willing to film.

sassenach said...

Matt needs to win more money or he'll "lose the farm".

Cleo said...

I'm not one of his supporters, and don't own a dog! However, as Kyle said it is standard to appeal when unsatisfied, altho why that shows anyone who does as a greedy troll, I do not know. Doubt this big news appeal even required a trip to the attorney's office. Life goes on, or at least most people's does. Yes, really!!!

shorty said...

Id like to see a county inspection of their wedding business. There's got to be health and sanitation issues what with live chickens and food preparation in the barn and surrounding area.

Rap541 said...

But it certainly does mean its still very important to Matt, to where he's still spending money to seek the information out, hmmm Cleo?

Funny how Matt filing now multiple legal attempts to gain Spirit's identity is, in your opinion, Matt paying little mind or attention to Spirit.

Oh wait... feel free to explain again how you have no dog in this show but are utterly certain Matt's multiple attempts to force Spirit's identity to be revealed are examples of how very little Matt cares at all and how Matt shows he's not interested at all. :)

Because I think we're all waiting to hear how an appeal is an example of Matt being "over it"... when an appeal is pretty clearly an example of Matt not being over it in the slightest. :)

Podge/Rodge groupie said...

Why spend the money? Whether it be considered standard or not, I doubt the lawyers are doing this for free, so I definitely do not see the Roloffs as greedy trolls. It just seems to me that the expense was not given even the slightest consideration. With the expenses in mind, I feel there has to be more of a reason than "just standard" or "automatic". I can understand Matt taking umbrage at the judge's decision to take away "one of the funnest things I've ever done in my life" but incur the financial burden to continue to chase it? You might have guessed I'm not in the same monetary status as the Roloffs, I don't see how this action by them can be spun or deflected into anything but pure bitterness against perceived threats.

Mike P. said...

@shorty: Unless Zack has a county food handler's permit (which I doubt), his participation with the caterer was probably illegal.

And considering his devotion to cleanliness, I certainly wouldn't want him touching anything I was about to eat, permit or no permit.


Randy said...

Sassenach, I was cracking up at your post. Well done.

On another note, Jacob tweeted how their dog has cancer. Looks like Matt will finally able to fulfill his dream, take Rocky out back behind the barn, and "put him down" with a shotgun.

Timothy said...

Randy, Matt has been waiting years to do the "Rocky dies" episode.

If you look back far enough in Jacob's tweets, he even has a tweet that says "When my dad says he's ready for my dog to die..."

Rap541 said...

Because I genuinelly don't like cruelty to animals, I hope for Rocky's sake that rational thought prevails and the Roloffs take the dog to the vet when the times comes, instead of Matt playing ego games how he's a man and a farmer man and a farmer man shoots his own dog, or in this case, a farmer man sends his son to shoot the family dog because frankly, the margin for error is a little high.

That said, if Matt needs to make this a televised moment then I hope no tries to convince him him that its a bad idea. Because I don't think the last "I'm a man and I'm gonna have Jeremy kill the dog cause we be farmers down on the farm!" episode won him any fans at all.

I'm torn because telling Matt not to do something virtuelly guarantees he needs to prove the negative nellies wrong and the last thing I want is Matt to use his sick dying dog to make a machismo point. But I really hope he makes the right call, and takes the dog to the vet. A bonus would be if we didn't have a dramatic hour long special on how each Roloff is dramatically impacted by the death of their pet, complete with tears. I'm just saying, an hour of bawling over the dog kinda demeans the episode about Mike.

Vic Rattlehead said...

I think that Matt's seen the end of Ol' Yeller and completely misunderstood its true meaning.

At the end of Ol' Yeller the dog contracts rabies after defending his young master and his masters brother from a rabid coyote and is slowly dying s a truly horrible death as the rabies destroys his brain and body.

So his master (A 12 year old boy) shows him one final act of mercy by ending his suffering.

The catch is: his master initially didn't want to do it because he loved his dog so much that he couldn't bring himself to do it but because he realized that the only other alternatives were to either: cage him up and let him starve to death or watch him die slowly from the effects of his rabies he realized that he had no choice but to show his beloved dog the humane mercy of doing it himself (there was no vet in the area to do it) so he carries out the act through a heartbroken veil of tears while apologizing to Yeller for doing it.

The point of the scene was to convey that even in childhood sometimes we have to do things we really don't want to do but have to for A SPECIFIC REASON and that for the boy the first step in his growth and maturation from a child to a man was to lean about compassion love and humility.

Matt obviously watched that scene and thought "well they're farmers and I'm a "farmer" so when Rocky gets too old to be of use to us I'll just have Jeremy take him out to the back forty and blow his head off with a hunting rifle." without understanding the context of the scene or the times in which it was set.

Cleo said...

Okay, Rap, I see the extent of your belief that Roloff fathom the importance of your words and how much it pleases you to think he devotes every fiber of being in his tiny body to seeking out your identity. However badly you wish that to be true, I understand his gripe was with the county and to that end, looking to see if any county personel has been unethically feeding information. As to spending money in that quest, from what I've seen on their show, when has he ever minded wasting money? It wouldn't do for you to think you are just a small blip on his radar, hummmmmm, I get that. This chat may be the biggest and baddest challenge of his life, but honestly, I really do doubt it. If so, he's a very lucky fellow, and apparently has the money to keep throwing on it.

BeckyM said...

Matt has threatened to shoot Rocky because it gets people riled up. Has Matt even killed a chicken to prep it for eating?

He has kids that torture animals (clear proof in the photos) but Matt himself? He strikes me as all talk and bluff and no carry through on this. He has to shout that HE'S A MAN!!!! and he DOES MAN STUFF!! because of his terrible insecurities about that very subject.

Of course Matt, prove me wrong. I DARE you to let TLC film and air an episode of you SHOOTING ROCKY. I DARE YOU. Because dumbcluck - TLC won't want to tarnish the fake image they have portrayed of you and Amy.

Just try to get some Diversity Speaking Engagements after the TLC episode of you shooting Rocky airs.

Matt = Moron. However, I don't think TLC would let the filming occur - it would tarnish the reputation of their STAH!!

BeckyM said...

Okay late to the party, sorry.

The reality for the idiots who don't realize how lawyers charge for something... while this may be seen as "automatic", the filing cost Matt and Amy MONEY. It wasn't a freebie given to them by the lawyer.

Upshot? Why waste money on something that the judge shot down? Why waste money on something that has been settled? Because Matt's ego is as big as his manly implement is small.

Hey Matt! Newsflash, getting the name and addresses of the founder of this blog and the people who post here is not going to happen. Why? Because it would open up a huge precedent against the Freedom of Speech. Do you remember that? Do you remember what is in the Constitution of the United States as one of my BASIC FREEDOMS?

So Matt honey, while your attorney milks you like the complaining cow you are, just keep getting all fired up and angry. Storm around on Facebook and hate all the haterz it provides at least some amusement for those that are a tad bit smarter then you are.

If bets are being taken I'll give you a free tip - your son Jacob? He'll be selling you out as soon as he reaches 18 if not sooner. He just can't keep his mouth shut.

Your son Jeremy? He's so dumb that he sells you out by posting photos of his sadistic activities online.

Your wife Amy? She'll stick to the game because she's addicted to the money and the reality ho-fame. At your funeral... don't expect her to shed many tears; she'll be too busy wondering how she can your demise into some spare pocket change.

Your daughter Molly? Her intelligence isn't all that and she picked a school where she continue to be a big fish in a little pond.

That's MY OPINION. That's my FREEDOM OF SPEECH in ACTION. That's me laughing my ass off at your shenigans because I know how impotent you are, angry little man.

And to all of you? Your reality ho-fame is definitely on the wane. Be glad that Spirits posts anything about you! Personally I don't know how she/he finds the interest and Rap? Rap who is the only one consistently watching to write re-craps? You owe he/she at least a fruitcake this holiday season for promoting you and your crappy show.

And for our fly-by-night-posters... that took me about 5 minutes of my life to write and I've moved on to enjoy the rest of my day. Save your pity about me "wasting my time" and worry about your own time online.

Rap541 said...

Cleo - in all seriousness, do you think this chat that you view as inconsequentional - except for your devotion to letting us all know how you have no interest in the site and aren't defending Matt but are insisting, despite how you don't have any interest in the topic at all, that Matt despite all evidence to the contrary pays no attention to as its completely frivolous - is also part of the conspiracy of various Washington County employees to oppress Matt?

I mean really, he pays this site no mind but he's deathly positive in his belief that something unethical is happening here concerning Spirit and Washington County employees?

How does Matt know that? If he isn't paying any attention? I personally have problems with people who manipulate the law to be bullies, and that's what I perceive Matt to be doing but I'll be honest - if he were win this appeal and then win a subsequent subpoena to get info here....He's going to have pissed away a lot of money on nothing.

And I genuinely think Matt has little understanding on the level of my interest in him. Or rather, I think Matt likes attention far too much to understand that he's not helping himself if he genuinely doesn't want people discussing his family.

Rap541 said...

Oh if Matt wants to send me a fruitcake, I really like the ones made by the Trappist Monks in Oregon! Yum!

Podege/Rodge groupie said...

Now THERE'S a dream and a half, Rap! Matt becoming a Trappist. The silence would be deafening. Welcome, but deafening.

Rap541 said...

In fairness Podge, I'm ineligable but mmmmm they make such awesome fruitcake, I am tempted to masquerade as a man...

Rap541 said...

Btw Becky makes an excellent point - an appeal is not actually automatic unless you get the death penalty.

It does indeed cost money and it is Matt and Amy *choosing* to do it. They aren't unknowing of the process.

And the fact that Matt's appealing the settlement means Matt doesn't think he won.

Santa Claus is Coming To Town said...

As for Rocky, it just depends on the type of tumor and where it is. I had a fast growing soft tumor removed from one of my dogs a few years back and she is still kicking.

As for the appeal, you appeal what you can to try to get the trial/retrial you want. Doesn't sound to me like a First Amendment issue so much as an overly broad subpoena issue.

Regardless, I have been trying to watch this new show online but I just am not connecting. I like the Roloffs well enough but the wedding theme stuff just isn't my cup of tea. It'd be better if they were doing an organic farm operation of something.