scan0002 by BobbyWightman-Cervantes


									                             CAUSE NUMBER          ':1.010- Del· &/1D3- (-I

ROSIE LEHMANN                                             )   IN THE DISTRICT COURT
                                                          )                          FILED~'CLOCK-#-M
                                                                                    AURORA DE LA GARZA, 'CLERK
                                Plaintiff             )
VS.                                                       )                                  NOV 0 9 2010
                                                                                  DISTRICT CJ!jRT Of CAM:ROO COUNTY, 'TEXAS
JERRY MCHALE                                              )                            r21~                       DEPUTY
BROWNSVILLE LITERARY REVIEW                               )
GOOGLE                                                    )
                               Defendant's                )   CAMERON COUNTY, TEXAS.

                         DEFAMATION AND LIBEL PER SE


      NOW COMES ROSIE LEHMANN, Plaintiff in the above style and numbered cause, and
respectively file her First Original Petition for Slander, Defamation and Libel Per Se
against BROWNSVILLE LITERARY REVIEW, GOOGLE (hereinafter referred to as Defendants and
JERRY McHALE, Individually for various causes of action and would show the court as follows:

                                DISCOVERY CONTROLPLAN

1.1 Discovery is to be conducted under Level 3 of the Texas Rules of Civil Procedure 190.


2.    Plaintiff ROSIE LEHMANN, and is a Teacher with the Brownsville Independent School
District, she has never held elected office and is not a public figure. She resides at 198 Honeybee
Lane, Brownsville Texas 78520.
2.1   Jerry McHale. is the author and proprietor of the Brownsville Literary Review, he is
A resident of Brownsville, Cameron County and can be served at his place of employment
Rivera High School, 6955 FM 802, Brownsville Texas 78521
2.2     Brownsville Literary Review is a Blog owned and operated by Jerry McHale and operates
under the World Wide Web and can be served at Jerry McHale's place of employment, 1900
Price Road, Brownsville Texas 7852l.
2.3     Defendant GOOGLE is the owner of, whom authorizes Defendant McHale
can be served at address pending.

                                 JURISDICTION          AND VENUE

3.1     Venue is mandatory in Cameron County, Texas Pursuant to Section 15.017 of The Texas
Civil Practices and Remedies Code because      is a resident of Cameron County at the time that the
Slander and/or libel claims occurred (September 17, 2010). Because venue is mandatory under
section 15.017 in Cameron County, Texas, it is also a proper venue for all other causes of action
and parties, as provided in Sections 15.004 and 15.005 of the Texas Civil Practice and Remedies


4.1     Mr. McHale is a blogger who authors under the Brownsville Literary Review; formerly
was a blogger under the now defunct Blog El Rocinante. Defendant McHale upon termination by
Google of El Rocinante for offensive, insulting and demeaning pictorials, created a less subtle
Blog called Brownsville Literary Review. The content contained in Defendant McHale's blog
has been vicious, factually incorrect and without control or any form of restrictions by Blogspot,
as a result of this, Defendant engages is unconscious able and disturbing defamation, libel and
slander per with malicious and willful disregard to individuals rights, affects on lives and
4.2     Defendants McHale, have made several false statements using the blog Brownsville
Literary Review, operated and owned by Defendant McHale, as their conduit, including but not
limited to:

        a. The publishing on or about November 6,2010 on the Brownsville Literary Review
        b. That on or about November 7, 2010 on the Brownsville Literary Review
        c. The publishing and insinuation that Plaintiff was a bottom feeder on November 8,
      d. The publishing throughout fiscal year 2009, malicious, untruths accusing both Plaintiff
          Rosie Lehmann and her husband Patrick Lehmann of engaging in potential criminal
          and other factually incorrect, slanderous and defamatory statements with malicious
          intent and forethought ..
4.3   Defendant's made these false accusations willfully and with malicious intent, with
knowledge that they were false or with reckless disregard of whether they were false. These false
statements have damaged Mrs. Lehmann, her husband Patrick Lehmann and her family's
character and reputation, thereby exposing them to public hatred, contempt, ridicule or financial
injury. These false statements have also impeached their honesty, integrity, virtue or reputation.

                                      CAUSES OF ACTION


5.1   Paragraphs 4.1- 4.3 are incorporated herein.
5.2   Defendant's published to third parties false disparaging, libelous and slanderous
statements about Rosie Lehmann and her family. Defendants' statements defamed Mrs.
Lehmann and were made willfully and or with actual malice and the knowledge that they were
false or with reckless disregard of whether they were false or not.


6.1   Defendant's statements constitute libel per se in violation of Section 73.001 of the Texas
Civil Practices and Remedies Code. Such statements also constitute libel per se and slander per
se because they injured Mrs. Lehmann and her family and her capacity to do work in benefit of
the community that has included providing safe haven and treatment to girls enrolled in the Girl
Scouts of America, tutoring programs and other educational assistance programs that she is
engaged with. The accusations published by the Brownsville Literary Review constitute libel per
se, in that they accuse Mrs. Lehmann and her family of engaging in criminal activity, if true
would subject them to forfeiture of their liberty. Finally, such statements also constitute libel per
se and slander per se because Mrs. Lehmann and her family have been falsely accused ofthe
commission of one or more crimes of moral turpitude including the drowning of children.

    6.2       As a result of Defendant's Acts, Plaintiff suffered direct damages.
    6.3       Plaintiff also pleads for exemplary damages from Defendants because these false
    Statements were made with actual malice and knowledge that they were false or with reckless
    disregard of whether they were false or not.


               For the reasons set out above, Plaintiff respectfully prays to the court for the following
          a. Actual and exemplary plea for and described herein;
          b. Prejudgment and post-judgment interest as allowed by law;
          c. Costs of suit and;
          d. All other relief, in law and in equity, to which they may show themselves justly entitled.

                                                             Respectfully Submitted,


                                                             ROSIE LEHMANN
                                                             198 Honeybee Lane
                                                             Brownsville, Texas 75211
                                                              956 541-8252
                                      Certificate of Service

   I hereby certify that a true and correct copy of the foregoing was mailed via email
transmission and regular mail to the following on this 9th day of November, 2010

Jerry McHale
6955 FM 802
Brownsville, Texas 78521

Brownsville Literary Review
6955 FM 802
Brownsville, Texas 78521

1600 Amphitheatre Parkway
Mountain View, CA 94043

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