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MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT

ROMAN BRICE’S MOTION FOR SUMMARY JUDGMENT

Introduction

The facts of this two year old and running litigation are well known and the two

allegations against Defendant Roman Brice, essentially political satire and hyperbole

buried on an America On Line political blog at election time should be dismissed.

Hoboken is a mile square city troubled with corruption both in its “On the Waterfront”

past but very much in the present. Two of Hoboken’s last four mayors have gone to

federal prison for corruption and their adherents are a present and clear danger to its

health. This litigation is Exhibit A in a SLAPP, the latest Councilwoman Beth Mason

funded political operation, run on this Court from day one to the present spanning more

than two years.1

Defendant Brice’s website, the Hudson Mile Square View or MSV

(hobokenhorse.com) is approaching 5,000,000 views since its founding five years ago

after the arrest of former Hoboken mayor and convicted felon Peter Cammarano. The

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1!This!Court!on!April!25th!ordered!the!Plaintiffs!to!produce!to!Defendants!financial,!phone!(wireless!and!landline)!call!records,!emails!and!related!records!for!the!last!seven!years!to!present!in!20!days.!Plaintiffs!continued!defiance!at!discovery’s!end!to!the!April!25th!Court!order,!restated!in!another!Court!order!July!11th!reveals!60K!in!deposits!remains!unexplained!among!other!critically!massive!discovery!,!including!withheld!financials.!Exhibit'A!

!Separately,!Plaintiffs!are!nonIresponsive!to!a!Court!order!from!Judge!Mary!K.!Costello!July15th.!account!information!and!bank!records!when!Defendants!discovered!a!Bank!of!America!account.!Exhibit'C.!

!

hard news website is on the front lines of a pitted battle against corruption in Hoboken

and often at odds with Councilwoman Beth Mason and her allies (the Russo faction). In

one of its numerous exclusives, the investigative website brought to light a massive voter

fraud scheme using Vote by Mail ballots. That case and confessed affidavits of at least

four voters participating in selling their votes on behalf of the 2010 Tim Occhipinti for

council campaign reached the highest law enforcement office in the state, the Attorney

General’s Office. Further unequivocal evidence uncovered in discovery forced Plaintiff

Mr. Bajardi in his July 16th deposition to admit playing a senior, prominent and

multifaceted insider role on that same Occhipinti 2010 campaign. Exhibit B

In 2014, Defendant Brice’s hard news website MSV followed up on his years

earlier reports with a new blockbuster of several hundred campaign violations by

Councilwoman Beth Mason’s 2009 and 2011 campaigns under investigation by NJ ELEC.

When tallied, the potential fines Beth Mason and her treasurer husband, Richard G.

Mason of Wachtell, Lipton, Rosen and Katz runs into seven figures two times over and

would set an all-time State of New Jersey record if finalized. Both Plaintiffs Lane

Bajardi and Kim Cardinal Bajardi acted as senior advisors on these same Beth Mason

campaigns performing dozens of high-level campaign activities each. Since 2007,

Plaintiffs have made strenuous efforts to advance her political career.

Defendant Brice’s is a voice in the Hoboken reform movement or Hoboken

Reform opposing the “Old Guard” politics of the Russo faction aligned and financially

supported by Councilwoman Beth Mason’s family. While there’s no allegations against

his website, Plaintiffs and its counsel have at times falsely claimed otherwise and made

efforts in this litigation targeting his website in discovery, repeatedly demanding

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information of its readers and subscribers unrelated to their bad faith claims. All those

actions betray a fundamental political operative service on behalf of Beth Mason in this

SLAPP.

In spite of the two years plus in this running litigation, Defendant Brice continues

on his MSV website to uncover and report on Hoboken government and politics with a

focus on corruption. Most recently he’s produced the most extensive investigative

coverage two years running revealing serious illicit actions in the Hoboken Housing

Authority. The federal agency is under the stewardship of close Beth Mason ally Carmelo

Garcia and is defended by “ethnic cleansing” attorney Louis Zayas.2

For the sake of brevity and to ease further imposition on the Court, Defendant

Brice references the June 13th Summary Judgment motion submitted by Defendant Heyer

and its detailed applicable defenses with limited exceptions here. Respectfully, the Court

is asked to reference the March 2013 Summary Judgment motion submitted by Defendant

Nancy Pincus where voluminous background of political operative activities by Plaintiffs

is detailed and Exhibit A of Defendant Mark Heyer’s Summary Judgment Motion,

Exhibit A – Statement of Undisputed Material Facts.

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!2!In!2013,!civil!litigation!claiming!Mayor!Dawn!Zimmer!was!exercising!“ethnic!

cleansing”!of!Hoboken!minorities!and!residents!of!Italian!background!was!thrown!out!of!Hudson!County!Superior!Court!last!January.!!

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THE TWO ALLEGATIONS AGAINST DEFENDANT BRICE ARE

NOT SUPPORTED BY THE FACTS OF THIS LITIGATION AND UNDER

NEW JERSEY LAW

There are but two allegations against Defendant Brice: solely by Plaintiff Lane

Bajardi. One appeared on Hoboken Patch in a political story a day before a Hudson

County Freeholder election, the other on a political blog hosted by the same website. Of

the two, dozens and then hundreds of comments were posted in heated back and forth

political expressions of opinion and commentary, typical to Hudson County and

especially Hoboken. The two allegations clearly fall within clear standards of the NJ

Constitution provision of protected free speech, especially political speech on matters of

public concern as here. Plaintiffs produced no evidence and material facts in discovery

showing the statements are in fact defamatory, merely alleging potential harm.

Plaintiffs have no actionable basis for their claims of defamation or defamation

per se. As stated in the Summary Judgment Motion by Defendant Mark Heyer, (See

Point II), Summary Judgment is the method preferred for disposing of defamation claims

and here where defamation per se is inapplicable. See W.J.A. v. D.A., 210 N.J. 229,

240 (2012).

See also:

Lynch v. New Jersey Educ. Ass'n, 161 N.J. 152, 169

(1999), citing Dairy

Stores, Inc. v. Sentinel Publ'g Co., 104 N.J. 125, 157 (1986); see also

G.D. v. Kenny. 205 N.J. 275, 304-05 (2011) ("[A] timely grant of summary

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judgment in a defamation action has the salutary effect of discouraging

frivolous lawsuits that might chill the exercise of free speech on matters of

public concern."); Maressa v. New Jersey Monthly, 89 N.J. 176, 196 (1982)

and Printing Mart-Morristown v. Sharp Electronics Com., 116 N.J. 739, 765

(1989). Slander or libel per se, subcategories of defamation that do not require

proof of special damages, apply only where statements of fact charge the

commission of a crime, contraction of a loathsome disease or the unchastity

of a woman.

THE TWO ALLEGATIONS AND EVIDENCE FROM PLAINTIFFS

ELMINATES THE BASIS FOR ANY DEFAMATION CLAIM

The first allegation from paragraph 35 of the complaint:

“Lane Bajardi is back. Still fighting for the corrupt and The Machine for

his Beth Mason paycheck. Yawn. Same ole, same ole.”

The second allegation is similar but completely taken out of context by Plaintiffs,

paragraph110:

The boldfaced print is the portion of the post omitted by the Plaintiffs; the italic

print is what is found at Paragraph 110. “The judge did not dismiss the case as being

political. He slammed Matt Calicchio for “bullying” and called his testimony

“garbage.” Quotes from the judge: “There was no

credible testimony by Tania Garcia and Matt Calicchio.” “This is very

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disturbing and uncivilized. This is bullying.” “Any board member should be

allowed to live their lives without being accosted on the streets.” The judge

described the testimony of Matt Calicchio as “garbage.” No matter what Beth

Mason’s other paid political operative Lane (prosbus/Madison Monroe/ et al)

Bajardi has to say about his fellow Mason paid political operative Matt

Calicchio, the judge’s comments speak for themselves even if the prosecutor

lacked the evidence for a conviction. The witness actually testified against the

complainant. The judge called her testimony on behalf of Matt Caliccchio not

credible. So all around a big victory for Beth Mason. Her employees did a

great job! He also said Matt Calicchio is being used.”

The quoted statement for paragraph 110 really makes little sense to assign an

allegation of defamation. It is quite a stretch to say that it is defamatory of Mr. Bajardi. It

should be no surprise that this paragraph takes the quoted statement out of its true and full

context. One might reasonably infer that this was done intentionally. In any event, it is

worth placing the full post found on Hoboken Patch on the record. The citation to

Hoboken Patch is found at paragraph 111 of the Complaint.

Whatever one may think is being said in this post, it is not about Lane Bajardi

being involved in criminal activity. It is a satiric rant against Matt Calicchio who works

for Councilwoman Beth Mason even as he was again charged with harassment, this time

against a 70-year-old Hoboken woman with a heart condition. (MSV December 5th, 2013

exclusive: Beth Mason political operative Matt Calicchio charged in alleged threats

against Hoboken senior. http://www.hobokenhorse.com/2013/12/beth-mason-political-

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operative-matt.html

It should also be noted that this post was part of a thread of over 700 posts in

response to a political blogger’s article on charter schools in Hoboken that was published

on May 21, 2012. The subsequent posted comments continued for weeks afterward. The

“alleged “defamatory” post by Brice came in the midst of a series of posts by others

concerning a Union City judge’s findings in a criminal harassment complaint brought by

then Board of Education member Theresa Munitillo against Matt Calicchio.

The judge found Calicchio not guilty but, on the record, called him and his

witness liars. A fair reading of the posts on this subject contained in the thread cited at

paragraph 111 shows the two political camps making what they can out of this ruling.

The Mason-Old Guard Russo faction has its spin, i.e. “Not Guilty, Not Guilty” while the

Reform group has another spin, “Liar, Liar.” The thread of posts on the Calicchio trial

begins at 1:20 am on June 8, 2011 and continues over days. The post by Brice is at 6:34

am on June 8th and all are contained in the URL citation at paragraph 111 of the

Complaint.

Once again Bajardi claims that calling him a political operative and/or saying that

he was paid for his work is defamatory. Similar in scope to Paragraph 35, it should be

recognized the term “political operative” has no precise objective definition. What

exactly it means to one person may differ from another’s opinion of the meaning.

Therefore, by its very nature, calling someone a political operative is an expression of

opinion.

Furthermore, saying that someone was paid for his/her work, as noted above,

cannot be considered defamatory. We live in a capitalist society where hard work is

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encouraged and valued, normally in the form of financial remuneration. A reasonable

person would presume that a person gets paid for his work. In fact, it is arguable that

saying someone isn’t paid for his/her work is more likely defamatory than saying that

someone is being paid. Of course, there are often other motivations for volunteering work

in a given instance. But the bottom line is that in this country there is absolutely nothing

wrong with getting paid for working.

The context in which the statement from paragraph 35 in the complaint was made

can be found in the body of the Complaint and the website which it cites in paragraph 36.

It begins on Monday November 7, 2011 Hoboken Patch, a political news blog, describing

an interview with incumbent Hudson County Freeholder and candidate for re-election,

Anthony Romano. He is described as the candidate of the Hudson County Democratic

Organization (HCDO) (Almost always referred to as ”The Machine” by friends and foes

alike), while his opponent is a favorite of “Hoboken Reform.” What follows the next day

is an election; it’s Election Day in Hudson County! If this does not fall within the

political context covered by a First Amendment blanket and the higher bar under New

Jersey law for political speech then nothing is. The complained of statement is one of

about 60 excited posts induced by the article and the imminent election. Needless to say,

Brice with Reform and Bajardi with the Beth Mason underwritten Russo faction are on

different sides of the political fence. Exhibit D (http://patch.com/new-jersey/hoboken/in-

running-for-re-election-freeholder-wants-to-improvb28d1fc3dc)

Further on “context,” the statement attributed to Brice follows several posts by

other(s) which mention the Plaintiffs, implying that they are political operatives and

supporters of “The Machine” and are involved in political shenanigans with

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Councilwoman Beth Mason.

The “Brice” post is clearly a satirical statement of political hyperbole and opinion

made in the heat of a political skirmish. What election has ever occurred in Hudson

County without both sides using the term “corrupt” to describe the opposing team on the

other side?

Further, and most significantly, Defendant Brice did not call Mr. Bajardi corrupt

but only that he is “fighting for the corrupt and the (HudCo) Machine.” It can’t be said

that this is an accusation of a crime. Further, the Plaintiff’s own complaint at paragraphs

32 and 33 implicitly admits that he was a supporter of Peter Cammarano and that

Cammarano is a convicted felon for political corruption. Surely that was support for

corruption; but this isn’t defamatory of Mr. Bajardi. Many, many people support

candidates who are later found involved in corruption and must listen to their opponent’s

litany of “I told you so’s.”

Restated, there is nothing illegal or inherently wrong with getting paid by a

candidate for work done on political campaigns. It’s done all the time all over the

democratic world. Being a political operative is a worthy profession. It is not a

defamatory remark to state that someone has been paid for efforts on behalf of a

politician.

While Plaintiff Lane Bajardi alleges this could become problematic for his

current media employment as a newsreader for 1010 WINS, he offers no proof against

Defendant Brice’s it ever did. Mr. Bajari’s media work history at Bloomberg actually

revealed in his own email he acted behind the scenes in ghostwriting political operative

activity to influence the Hoboken public and was concerned about its revelation. In his

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deposition, Plaintiff Lane Bajardi admitted his plea to Perry Klaussen of Hoboken411 not

to email him at his office as it could be difficult to explain if discovered. In a separate

email November 8, 2007, a panicky Mr. Bajardi responds to Perry Klaussen revealing the

Plaintiff’s ghostwriting writing has been discovered:

“Seriously though, now I'm concerned that he is going to try to get me fired.

It is imperative that you never admit to anyone that I have written anything for you,

especially if Lenz and Soares are about to drop a dime on me to my bosses.” The

person of concern is former Councilman Tony Soares who forwarded an email revealing

he had figured out Mr. Bajardi’s role at Hoboken411. Klaussen forwards the email to Mr.

Bajardi saying, “I’ll run him over.” Mr. Bajardi greets this idea replying, “If you do,

you’ll just be putting him out of his misery!” Exhibit E

In 2011, the two year plus unemployed Mr. Bajardi who had been ghostwriting

the vast majority of political articles on Hoboken411 back to 2007 conspired with its

owner Perry Klaussen to maximize and divide monies from the Russo faction candidates

Councilwoman Beth Mason sponsored including a large Mason banner ad. Klaussen in

an email March 22nd, 2011 offers to “split” the proceeds saying their expected take

should be in the ballpark of $4,800 or more. Exhibit F

Lane Bajardi requested compensation for a Hoboken City Council preview he

would prepare in June 28th for a July 2011 meeting. Exhibit G

Councilwoman Beth Mason is personally and directly seen offering compensation

to the unemployed Plaintiffs in providing her vacation home via an email between the

parties dated July 12th, 2010. Exhibit H

In his July deposition, Mr. Bajardi reaffirmed the claims on his interrogatories to

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have never sought or accepted compensation for his political activities even as he was in

the midst of over two years of unemployment. This fabrication contradicted by his own

emails coincides with Plaintiffs withholding discovery already ordered produced by the

Court in three current orders Plaintiffs defy.

CORRUPTION ISSUES NEW AND OLD ARISE ON PLAINTIFFS’

CAMPAIGN EFFORTS FOR BETH MASON IN 2009, 2011 AND TIM

OCCHIPINTI IN 2010

Last March 8th, Politicker NJ covered the open investigation of the massive

violations Beth Mason faces for her 2009 and 2011 campaigns and the millions in

potential fines in an article writing:

“ELEC’s complaint against Hoboken Councilman Beth Mason is a nightmare for

the former mayoral candidate, who could face $2.6 million in fines. When you tally all

the alleged violations of Mason and her team, it adds up to an unbelievable $14.3 million.”

See: http://www.politickernj.com/back_room/masons-elec-mess-hoboken On Mason’s

“team” acting in multifaceted roles as senior advisors in both her 2009 and 2011

campaign were both Plaintiffs, Lane Bajardi and Kim Cardinal Bajardi. As a husband and

wife political operative team they performed similar starring roles for the controversial

2010 Tim Occhipinti for Council campaign. That one ward in Hoboken generated

approximately 500 Vote by Mail ballots, 575 paid “campaign workers” mostly out of the

Hoboken Housing Authority for a paltry 1240 votes total.

While it was MSV which blew the whistle and uncovered the illicit VBM

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schemes before and after the 2010 fourth ward special election, other media would follow

Defendant Brice covering the vote scandal including but not limited to PolitickerNJ, the

Hudson Reporter, Hoboken Patch and Blue Jersey, a progressive online publication

which wrote: “Red flags: How much does it cost to buy an election in Hoboken’s 4th

ward?” Exhibit I

As opinion is never actionable defamation, several categories of opinion, in this

instance combining satire and hyperbole with facts shown in the supporting evidence

provided by the Plaintiffs own words here can never be viewed as actionable defamation.

Political opinions as expressed here occupy the “highest rung” of protected

speech and are never a basis for a defamation suit. Snyder v. Phelps,

131 S.Ct. 1207, 1215-16 (2011) ("Speech deals with

matters of public concern when it can 'be fairly considered

as relating to any matter of political, social, or other concern

to the community.") "Political discourse depends on the

expression of opinion" and, therefore, New Jersey Courts

will not suppress speech relating to politics, even though

such speech may be emotional, partisan, or self-interested.

Lvnch, 161 N.J. at 168. As shown here, each of the

complained of statements address Hoboken politics, within

articles on a political blog, or within heated political debates

in the comments' sections of another article on the Hoboken

Patch blog. As expressions of opinion within political

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discourse, the Statements are non-actionable.

Further, opinions concerning the beliefs of others are

subjective assertions not sufficiently susceptible to being

proved true or false to constitute defamation. Edelman v.

Croonquist, No. 09-1938, 2010 WL 1816180 (D.N.J. 2010)

(blog entries accusing plaintiffs of being racists were non-

actionable opinion).

SLAPP EVIDENCE AND MORE OF PLAINTIFFS’ POLITICAL

OPERATIVE ACTIVITIES ON BEHALF OF BETH MASON

In the spring Beth Mason for Mayor campaign, Plaintiff Lane Bajardi blasted

campaign manager Jake Stuiver in an email with Kim Cardinal Bajardi, Ricky Mason and

others. The email is referenced in Exhibit A of Mark Heyer’s Statement of Material Facts,

no. 112 and says:

“We’ve been at City Council meetings fighting the good fight covering Beth’s

flank for years. While you were off at Camp Wellstone we were working to get

Beth elected to the 2nd ward seat in the first place so that she could be in this

position today.”

Plaintiff Lane Bajardi admitted in his deposition he’s been threatening over years

to sue others in the Reform movement going back to 2007. In his February 28, 2014

deposition, former Councilman Tony Soares testified to a threat Mr. Bajardi made

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believing Soares had interfered with his desire to bid on a chair at a local Hoboken

function. “Beth and I are going to own your condo,” is what Soares testified Mr. Bajardi

said to him. Exhibit J

Defendant Brice certified just last month that on his first meeting Plaintff Lane

Bajardi in late October 2009 at a mayoral debate hosted by Stevens Institute, within a

minute he was threatened with being “sued” and “thrown out” of the auditorium.

Political consultant Tom Bertoli, a senior advisor to Jersey City Mayor Steven

Fulop testified in a deposition last January. He described Plaintiff Lane Bajardi as a

senior advisor like himself, and conversations with Beth Mason and Mr. Bajardi about

suing bloggers during her spring 2009 mayoral race.

No Defendants had websites but Hoboken “bloggers” in general were considered

a problem and Bertoli outlined the discussions to file “frivolous lawsuits” and draining

defendants who were getting in Mason’s way for higher office. Exhibit K

In a January 4th 2011 email, Plaintiff Lane Bajardi told Hoboken411 owner Perry

Klaussen his desire to sue others was limited by his lack of funds and the lengthy time it

would take to see any outcome.

“I obviously do not have unlimited finances to fight a protracted legal battle.”

Exhibit L

Enter Beth and Ricky Mason. In an email, one of a series identified in

conversations going back to March 2010, Plaintiff Lane Bajardi complains vociferously

about what he perceives as attacks and threats while lacking coherence to point to

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anything in reality. That recurs repeatedly as in this March 2010 email generated from

Beth Mason political operative James Barracato to Plaintiffs Lane Bajardi and Kim

Cardinal Bajardi. Also included is Ricky Mason at his legal office where Mr. Bajardi says

the Masons should pull the trigger and “hire a reputable attorney” to take on “the people

attacking us…” writing (in his original blue bolded text):

“The time has come to hire a reputable attorney who has

experience in these matters to begin to file suit against these

people. The people attacking us count on the fact that legal

action is time consuming and expensive..” Exhibit M

Plaintiff Lane Bajardi then attempts to leverage a quid pro quo for his

“soldiering” as a political operative “attack dog” implicitly referencing his work at City

Council meetings and political articles on the censored controlled website Hoboken411.

It’s clear he wants to leverage it for “legal assistance” he wishes the Masons to “give me”

in the matter.

If I am to continue to be involved here I need legal assistance.

The line has been crossed many times, and it's time to seek damages

and send a message that this activity should not be condoned. Any

assistance you and Ricky can give me in this matter would be welcome

and appreciated. Exhibit M

Bajardi launches into a conspiracy theory urging that Beth and Ricky Mason (at

his law office) to “begin to file suit against these people.” Plaintiff Bajardi alleges of

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having been called a “looney leprechaun” and “unemployable” he is being driven out of

Hoboken. Neither of these limp citations however were made by Defendant Brice or on

his MSV website. Plaintiff Kim Cardinal Bajardi earlier chimes in saying, “If you want to

teach this guy (Brice) a lesson and get him to stop harassing Beth then there are ways to

do it. One way of course as Tom Bertoli suggested a year earlier is via frivolous lawsuits.

In October September 12, 2011, Councilwoman Beth Mason is sufficiently

motivated instructing her political operative “soldiers, ” senior political operative James

Barracato and Plaintiff Lane Bajardi, “I ask you to compile important posts that show

how the dialogue against members of our is ratcheting up in severity. Thanks.”

Exhibit N (Included on the email is Beth Mason’s husband, Ricky Mason at his

Wachtell, Lipton, Rosen and Katz office.)

On March 4th, 2012 Plaintiff Lane Bajardi thanks Ricky Mason for what sounds

like a business meeting and pitched his case again for financial support to sue. His pitch

was sending comments posted by This Means War on Hoboken Patch where his

parenting was criticized and calls it a threat against his son. Mr. Bajardi then proceeds to

discuss an “alternative universe” pointing to what he deems are his political enemies

saying they are “threatening to send their kids in to assault mine.” Of the four he accuses,

former Councilman Tony Soares and Defendant Brice have no children whatsoever and

Mr. Bajardi admitted as much in his deposition but here he writes,

“The only way to stop the harassment and threats in this alternative

universe created by Nancy Pincus, Roman Brice, Michael Lenz and Tony Soares

is to get a lawyer who will go after those responsible. They are threatening to

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send their kids in to assault mine. This cannot stand. I need help to unmask

these horrible people and punish them for their unlawful trespasses.”

EXHIBIT O

That summer in the July 2012 Hoboken City Council meeting, Councilwoman

Beth Mason would respond to Defendant Roman Brice in one of his infrequent

appearances where he requested she make available public information on her 501(c)(3)

entity, the Mason Civic League. Mason responded knowingly of the impending SLAPP

saying, “Mr. Brice is on the verge of some legal action” and if the council would make

sure “it’s appropriately handled.” On the latter no one know what it means as its part of

Beth Mason’s usual broken syntax but this litigation was filed two weeks later.

See: https://www.youtube.com/watch?v=ilrEoAwqnTU

Back in 2010 after a January 10th special City Council meeting Plaintiff Lane

Bajardi expressed concern he had displeased Councilwoman Beth Mason and wrote of

what he deemed “attacks” against Beth Mason among a small group of speakers at the

sparsely attended event. Even as Mr. Bajardi himself was stopped in the middle of his

“attack dog” remarks by the Corporation Counsel who interrupted stating concern the

Council was being made witness to slander on live TV, the Plaintiff had an “alternative

universe” reality in mind writing the same evening:

“… in contrast I seem to be the only one (besides Perry, who

wasn’t there tonight) who defends you and the majority. You need more soldiers

to combat their attacks and lies.” Exhibit P

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CONCLUSION

The facts at this juncture while incomplete due to Plaintiffs limitless intransigence

to Court orders, completely undermine the two allegations against Defendant Brice and

are derived in New Jersey law and from Plaintiff Lane Bajardi’s own words. His private

pronouncements obliterate his claims he’s not a political operative, paid or not, acting as

a “soldier” defending the Councilwoman Beth Mason and the Old Guard in numerous

political operations, election campaigns of questionable repute and other activities with

an eye on impacting public opinion on issues of public concern in Hoboken.

As this summary judgment motion is entered before the Court, Plaintiffs continue

to treat the case as a full-fledged political operation on behalf of Councilwoman Beth

Mason. The flouting of Court orders, repeated avoidance of noticed depositions and

refusal to comply with the April 25th Court order plus two July Court orders puts

defendants at a distinct disadvantage filing a complete Summary Judgment motion within

the full deadline. Nevertheless, the facts are sufficiently in.

For all of the reasons herein above, Defendant Roman Walter Brice respectfully

requests this Court to grant the foregoing motion for summary judgment

Respectfully submitted,

Attorney for Roman Brice

s/Alexander W. Booth

ALEXANDER W. BOOTH, ESQ.

August 3rd, 2014

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EXHIBIT A

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Unexplained*deposits*.*circa*Occhipinti*2010*campaign,*circa*Mason*2009*&*2011,*and*circa*this*lawsuit.*!'Note:'Plaintiffs!various!financial!accounts!show!a!gross!dubious!deposit!amount!of!over!$63k.!!

!!!

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EXHIBIT B

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From: Tom Bertoli <tombertoli@yahoo.com> Sent: Wednesday, October 20, 2010 2:48 PM

To: Lane Bajardi <lbajardi@aol.com>

Cc: james_cryan@yahoo.com; jamesbarracato@gmail.com; davidcruz1962@gmail.com; alexander.habib@gmail.com; timothy.occhipinti@alliancebernstein.com

Subject: Re: First Email I like lanes whole angle on this issue.

Executed properly will be a homerun. Sent from my iPhone On Oct 20, 2010, at 12:49 PM, Lane Bajardi <lbajardi@aol.com> wrote:

He may miss the Southwest Redevelopment discussion if he gets there at 9pm, but probably not the open Public Comment portion.

If he needs to be somewhere else meeting voters (which makes perfect sense to me) I would suggest that I sign him up for the open portion, but that we don't sign him up for the Southwest Redevelopment resolution until he gets there at 9pm.

He can always comment on the Southwest Redevelopment issue during the public portion as well. It's not like our comments are going to change the vote on this. It's just an opportunity to show their inaction on the plan, which we have already done with the press release, and I will also do so during the resolution discussion.

So, yes... meeting voters and pressing the flesh should be job 1 until 9pm, followed by the meeting. If it is for some reason moving ridiculously fast I can get in touch with Tim and let him know if he will be in jeopardy of missing the open portion.

-----Original Message----- From: Jamie Cryan <james_cryan@yahoo.com> To: Lane Bajardi <lbajardi@aol.com>; jamesbarracato@gmail.com; davidcruz1962@gmail.com Cc: tombertoli@yahoo.com; alexander.habib@gmail.com; timothy.occhipinti@alliancebernstein.com Sent: Wed, Oct 20, 2010 12:37 pm Subject: Re: First Email

Lane, so getting Tim there at 9pm should be ok?

From: Lane Bajardi <lbajardi@aol.com> To: james_cryan@yahoo.com; jamesbarracato@gmail.com; davidcruz1962@gmail.com Cc: tombertoli@yahoo.com; alexander.habib@gmail.com; timothy.occhipinti@alliancebernstein.com Sent: Wed, October 20, 2010 12:26:46 PM Subject: Re: First Email

I like it, too. Nicely done. It's more "Hey, did you know Lenz is Effing us? That's not cool! Here's what I'm going to do about it." Much more Tim-like, and Cruz's letter should be the basis for Tim's comments tonight.

Tim should also say something about how so many Hoboken families with parents

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who have lost their jobs are suffering to make ends meet and pay COBRA bills for their health insurance while Lenz pockets a $4600 bonus. This will thwart the guaranteed Lenz response of "This is an unfair attack because my family has had to suffer and do without for my choice to step up and bring my skills to Public Service for the county and the city at a much lower salary than I made in the private sector..." It is imperative Tim include the comments above to avoid that trap.

I know how Lenz thinks. This will be his response strategy. We need to disarm him BEFORE he speaks, because Carol Marsh won't give Tim the chance to follow up. This is crucial.

I will be at the council meeting and can sign Tim up to speak in his absence. What time would you expect him to be there if he does show? It won't be a super heated meeting, but I doubt they will get to the Southwest Redevelopment resolution before 8:30, and the Public Portion won't happen before 9pm, if not much later.

-----Original Message----- From: Jamie Cryan <james_cryan@yahoo.com> To: James Barracato <jamesbarracato@gmail.com>; david cruz <davidcruz1962@gmail.com> Cc: Lane Bajardi <lbajardi@aol.com>; tombertoli@yahoo.com; alexander.habib@gmail.com Sent: Wed, Oct 20, 2010 11:39 am Subject: Re: First Email

Perfect. Let's get it out with the "Today, I'm calling for..."

From: James Barracato <jamesbarracato@gmail.com> To: david cruz <davidcruz1962@gmail.com> Cc: Lane Bajardi <lbajardi@aol.com>; tombertoli@yahoo.com; james_cryan@yahoo.com; alexander.habib@gmail.com Sent: Wed, October 20, 2010 10:27:59 AM Subject: Re: First Email

This is very good On Oct 20, 2010 8:45 AM, "david cruz" <davidcruz1962@gmail.com> wrote:

here's an edit of the e-mail language. It closely resembles the press release we're putting out on this.

The only problem is that Tim may not make the city council meeting tonite, ehich may alter the schedule of release somewhat. We'll just have to retouch the language in the e-mail to something like "Today, I'm calling for ..."

cruz

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Hoboken411@gmail.com> Sent: Thursday, November 8, 2007 7:43 PM !To: rdhvn@aol.com!Subject: RE: Lane/Prof Pinetop gave you wrong info.

I"hold"my"secrets"TIGHT"and"strong.

The"last"thing"I’d"do"is"jeopardize"our"working"rela=onship.

Especially"in"regards"to"those"knuckleheads.

There’s"nothing"anyone"can"see"that"will"reveal"your"iden=ty.

Just"be"sure"you"clear"your"internet"history"and"any"outgoing"messages"that"you"may"

have"on"your"work"PC."I’m"not"sure"how"careful"you"are..."But"I’m"fairly"certain"you"keep"

things"neat"over"there.

Thanks,

Perry

www.hoboken411.com hoboken411@gmail.com

From: rdhvn@aol.com [mailto:rdhvn@aol.com] Sent: Thursday, November 08, 2007 7:12 PM To: hoboken411@gmail.com Subject: Re: Lane/Prof Pinetop gave you wrong info.

If you do you'll just put him out of his misery!

Seriously though, now I'm concerned that he is going to try to get me fired. It is imperative that you never admit to anyone that I have written anything for you, especially if Lenz and Soares are about to drop a dime on me to my bosses.

As for accuracy, it will all be there on Channel 78 for the world to see.

-----Original Message----- From: hoboken411@gmail.com To: rdhvn@aol.com Sent: Thu, 8 Nov 2007 4:51 pm Subject: Fw: Lane/Prof Pinetop gave you wrong info.

I'm gonna run him over one day

Sent via BlackBerry from T-Mobile -----Original Message----- From: tony soares <tonysoares@optonline.net> Date: Thu, 08 Nov 2007 16:33:23 To:Hoboken411 <hoboken411@gmail.com>

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Subject: Lane/Prof Pinetop gave you wrong info.

Mason was not supported by Councilmembers . Beth looked like a fool I would think his ghostwriting by now would have landed him In Bloomberg News former employees file but no. Ths post was true: At yesterday’s City Council meeting, Ms. Mason acknowledged that she was not aware that this step had been taken. Given her interest in this issue, I found that surprising, and somewhat “disappointing.” Email and AIM finally together. You've gotta check out free AOL Mail!

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From: Hoboken411 <hoboken411@gmail.com> Sent: Tuesday, March 22, 2011 9:03 PM !To: rdhvn@aol.com!Subject: Ad Rates

Hey"Lane"(between"you"and"I)

What"should"I"charge"the"candidates..."I"figured"we"have"at"least"four"that"will"sign"up"–"

and"I"want"to"be"able"to"pay"you"too..."Between"now"and"the"first"elec@on"–"I"was"

considering"charging"between"$1000O1200"for"a"big"banner"–"and"a"share"of"the"mason"

banner..."That"would"be"$4800"for"four"candidates"–"which"I’d"split"with"you"as"well..."

how"can"I"go"about"geKng"these"idiots"on"board"already?

Oh,"and"I’d"have"to"charge"them"$100"a"pop"for"each"banner"–"my"cost."Cheers,

Perry"Klaussen"Founder"/"Publisher"www.hoboken411.com"

hoboken411@gmail.com"(201)777O0411"(email'is'preferred,'though)'

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From: Hoboken411 <hoboken411@gmail.com> Sent: Tuesday, June 28, 2011 12:47 PM To: 'Red Haven' <rdhvn@aol.com> Subject: RE: Holy crap - a council meeting on 7/1? If I had sales help (I’m interviewing two this week) – I would be able to. I’m 2 months behind in rent and u=li=es now as it is. And going forward what is reasonable compensa=on so I can budget it in if sales pick up?

Thanks,

Perry

www.hoboken411.com hoboken411@gmail.com

From: Red Haven [mailto:rdhvn@aol.com] Sent: Tuesday, June 28, 2011 11:47 AM To: hoboken411@gmail.com Subject: Re: Holy crap - a council meeting on 7/1?

Yes a preview is in order. So is reasonable compensation for the preparer of said preview.

-----Original Message----- From: Hoboken411 <hoboken411@gmail.com> To: rdhvn@aol.com Sent: Tue, Jun 28, 2011 3:52 am Subject: Holy crap - a council meeting on 7/1?

I couldn’t believe it when I saw it... why would they schedule a council meeting on the

July 4th Weekend? Horrible! Is it true? If so – I guess a preview is in order? WTF? Cheers,

Perry Klaussen Founder / Publisher www.hoboken411.com hoboken411@gmail.com (201)777-0411 (email is preferred, though)

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From: nlll@optonline.net

Sent: Monday, July 12, 2010 7:52 AM

To: Kimberly Cardinal & Lane Bajardi & Family <lbajardi@aol.com>; Kimberly Cardinal & Lane Bajardi & Family <kcardinalmn@yahoo.com>

Subject: Good morning

I wanted to check in with u I have the full agenda. I told someone that its 33 resolutions 7 ordinance and a pea in a shell game. Garage is still topic etc while We spent 7k on bike racks. Hope all three of you are well and enjoying the summer. I would like to offer our house upstate if you would like to use it to get away. All the Best. Beth !Sent from my Verizon Wireless BlackBerry

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Red Flags: How much does it cost to buy an election in Hoboken's 4th ward? by: Rosi Efthim Tue Dec 21, 2010 at 03:06:24 PM EST Outgoing Hoboken Councilman Michael Lenz's supporters say it costs about $22,000. That's how much his opponent Tim Occhipinti spent on "campaign workers" to win Ward 4's Council seat in November. What's unusual about that? Well, nothing, until you consider that there were about 575 of them, and that for all that Election Day "field" help there was little Occhipinti campaign presence visible on 4th Ward streets (say the Lenz folks). And that Occhipinti paid 575 workers for an election in which only 2,076 people cast ballots (Lenz Election Day paid workers = 17). Most alarming is a spike - a big one - in vote-by-mail ballots, and who it was who turned them in: overwhelmingly it was Occhipinti's "campaign workers". Hoboken Ward 4 absentee voting dwarfs that of every other election in Hudson County, according to the Hudson Clerk's figures. The county prosecutor's office recently referred 190 vote-by-mail ballots to the state Attorney General's office, though it's not known if any investigation concerns the Lenz campaign's allegations. Take a gander at this graphic, then tell me you don't see red flags. You're looking a chart of the vote-by-mail percentages for the Hudson County general election (data source). Compare Occhipinti's absentee voter percentages with other Hudson races, and with Len We wrote about this Oct. 28, when 3 Ward 4 residents swore out affidavits saying they were offered "$40 as an incentive to vote absentee". But this is bigger now. The new information, via ELEC final campaign spending reports illustrates that the breadth and size of what may be election corruption may be far greater. Do we know there was corruption? We do not. But where this many red flags are raised, there should be investigation. And Hoboken's next election should be monitored by credible election protection experts. Some of Hoboken's councilmembers are already taking a position: "It looks like he bought the election," says Councilman Ravi Bhalla, who is also volunteer legal counsel for the Lenz campaign. Among Occhipinti donors: Councilmembers Michael Russo and Beth Mason. Among Lenz's: Bhalla, fellow councilmember Carol Marsh and Mayor Zimmer. Bhalla goes so far to allege forgery. Of 99 ballots thrown out election night, he says 82 had mismatched signatures. In 2 Ward 4 districts, about 80% of absentee voters were also employed by the Occhipinti campaign.

For the record, an Occhipinti spokesman denies any wrongdoing, and rejects the suggestion that the payment to "campaign workers" (most paid $40, some $100) was not for their labor but to buy their vote-by-mail. An Occhipinti spokesman:

Campaign workers did everything from wearing t-shirts to making calls to prospective voters, canvassing, walking with Tim, and distributing signs. In addition, Occhipinti himself says all campaign staff signed a contract outlining duties, agreeing to "lawfully promote and encourage the participation of voters," and to "engage in only lawful conduct." Occhipinti also says it costs more to topple an incumbent, which is why he raised/spent more.

Of Hoboken's 6 wards, only the 4th was in play in November, a special election to Dawn Zimmer's seat, after she was elected out of Council to become mayor. Lenz was appointed to the seat, but had to run to

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keep it last month.

But take a look at the figures for vote-by-mail after the jump - the math behind the graph above. Ward 4's huge absentee spike may indeed be more than good field work, as Occhipinti's campaign suggests. It may be an attempt - a successful one - to purchase the votes, for not much money, of Hoboken residents who needed the jingle in their pockets and didn't mind allowing their names to be written in on ballots they may not have even filled in themselves. There may indeed be more - much more - than a loser's sour grapes involved in these allegations.

On such things, the direction of a city may turn. Vote-by-mail percentages for Hudson County, after the jump.

Rosi Efthim :: Red Flags: How much does it cost to buy an election in Hoboken's 4th ward? Vote by Mail ballots/Total ballots Cast = VBM percentage) (data source) House 9th: 1185/20910 5.7% House 10th: 683/10877 6.3% House 13th: 2912/65696 4.4% Assembly 31: 1034/32332 3.2% County Sheriff: 3687/96134 3.8% East Newark Council: 7/224 3.1% Guttenberg Council: 68/1634 4.2% Harrison Mayor: 103/2612 3.9% Harrison Ward 1 Council: 15/502 3.0% Harrison Ward 2 Council: 26/625 4.2% Harrison Ward 3 Council: 37/829 4.5% Harrison Ward 4 Council: 25/656 3.8% Hoboken Ward 4 Council: 440/2215 19.9% Jersey City Ward B Council: 143/4551 3.1% Kearny Ward 1 Council: 16/913 1.8% Kearny Ward 2 Council: 19/783 2.4% Kearny Ward 3 Council: 60/1718 3.5% Kearny Ward 4 Council: 23/1312 1.8% Secaucus Ward 1 Council: 95/1335 7.1% Secaucus Ward 2 Council: 169/1820 9.3% Secaucus Ward 3 Council: 119/1788 6.7% Public Question #1: 3687/96134 3.8% Tags: Hoboken, Tim Occhipinti, Mike Lenz, (All Tags) ! !

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Soares - Direct

1 way, the first thing you do is you remove the more

2 powerful or the more -- the stronger opinion that

3 can sway opinion so that that other person who

4 doesn't want you in there can run the show.

5 Q So you think that you were excluded

6 because of how powerful a personality you are?

7 A Stronger personality I would say.

8 Q Okay. We're going to continue on

9 with paragraph number three. Now I'm just going

10 to read out the first few sentences and you let me

11 know if I'm reading it correctly.

12 "At a Hoboken Historical Museum

13 Annual Auction around 2006, I was cornered by Lane

14 Bajardi and his wife by the silent auction table.

15 As I waited on line for a drink, Mr. Bajardi

16 stated that: 'Beth and I are going to own your

17 condo.' I believed he was alluding to his

18 suspicion that I had commented against his

19 political views and opinions online on nj.com and

20 Hoboken 411." Did I read that correctly?

21 A Yes.

22 Q So let me try to understand this.

23 You were waiting on line for a drink, and your

24 testimony is all of a sudden Lane just walked up

25 to you and said, "Beth and I are going to own your

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From: Red Haven [mailto:rdhvn@aol.com] Sent: Tuesday, January 04, 2011 7:42 PM To: hoboken411@gmail.com Subject: Re: CC meeting

I have met with an attorney to review my options. The law has not caught up with the realities of the internets. The only thing for certain is a lawsuit will cost a shitload of money. It will also probably take years to resolve. I obviously do not have unlimited finances to fight a protracted legal battle. Did you ever talk to a lawyer about the lies they were publishing about your business?

-----Original Message-----From: Hoboken411 <hoboken411@gmail.com> To: rdhvn@aol.com Sent: Tue, Jan 4, 2011 7:33 pm Subject: RE: CC meeting

You are in the process of suing them, right?

Thanks,

Perry

www.hoboken411.com hoboken411@gmail.com

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From: nlll@optonline.net!Sent: Saturday, March 13, 2010 5:19 PM !To: Kimberly Cardinal & Lane Bajardi & Family <lbajardi@aol.com> Subject: Re: Roman Brice

I have just read your email. I will be out with ricky tonight with casino night and debaum and will discuss either tonight or tomorrow. i

Sent from my Verizon Wireless BlackBerry

From: lbajardi@aol.com!Date: Sat, 13 Mar 2010 12:33:42 -0500!To: <nlll@optonline.net>; <kcardinalmn@yahoo.com>; <RGMason@WLRK.com> Subject: Re: Roman Brice

Beth,

I appreciate your point of view on this. Before this Tuesday's School Board meeting my last public comment on the machinations of Hoboken government was back in October. That didn't stop both Roman Brice and Kurt Gardiner from continuously attacking me for calling things as I see them.

Not only have they sought to silence me, they have also sought to impede my ability to make a living. By putting up blog posts calling me "unemployable" and referring to me repeatedly as a "looney leprechaun", they are deliberately trying to make Google searches of my unique name come up with damaging attacks on my reputation and character designed to limit my employment opportunities.

It has crossed a line from simply trying to belittle a political foe to an advanced attempt to drive me out of town and impede the ability to provide for my family. These attacks have caused emotional distress and may also cause irreparable damage to my career. The time has come to hire a reputable attorney who has experience in these matters to begin to file suit against these people. The people attacking us count on the fact that legal action is time consuming and expensive, so they continue their slanderous attacks with a vengeance.

If I am to continue to be involved here I need legal assistance. The line has been crossed many times, and it's time to seek damages and send a message that this activity should not be condoned. Any assistance you and Ricky can give me in this matter would be welcome and appreciated.

Thank you. Lane

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-----Original Message-----From: nlll@optonline.netTo: Kimberly Cardinal & Lane Bajardi & Family <kcardinalmn@yahoo.com>; Kimberly Cardinal & Lane Bajardi & Family <lbajardi@aol.com>; James A. Barracato <jamesbarracato@gmail.com>; Richard Mason <RGMason@WLRK.com> Sent: Fri, Mar 12, 2010 11:09 am Subject: Re: Roman Brice

I do. I do not shy away from bullies. I especially cannot stand hypocracy. As a mother of two daughters who is teaching them to stand up for themselves, I cannot stand by permit hatred to silence those who seek to expose those who seek to

silence those who seek the truth and justice on behalf of the people. If we let this go it becomes the acceptable norm. I would like to know what you think we should do. Thanks for asking and glad to have you back. Beth :)Sent from my Verizon Wireless BlackBerry

From: Kim Cardinal <kcardinalmn@yahoo.com>Date: Fri, 12 Mar 2010 07:41:37 -0800 (PST)To: Beth Mason<nlll@optonline.net>; <lbajardi@aol.com>; James Barracato<jamesbarracato@gmail.com> Subject: Re: Roman Brice

I had been advised not to go to this site and now I know why. Roman is a bully. He's afraid of being in the spotlight. If you want to teach this guy a lesson and get him to stop harassing Beth, then there are ways to do it.Let me know if you want to pursue more aggressive tactics than just walking past him.

Thanks. Kim

--- On Thu, 3/11/10, James Barracato <jamesbarracato@gmail.com> wrote:

From: James Barracato <jamesbarracato@gmail.com>Subject: Roman BriceTo: "Beth Mason" <NLLL@optonline.net>, lbajardi@aol.com, kcardinalmn@yahoo.com Date: Thursday, March 11, 2010, 11:49 PM

Beth,

I know Roman Brice aggressively approaches you at City Council meetings but you really need to ignore this guy. He is a hateful human being who is only out to hurt and embarrass you. Attached is just one of the many images he has put on his website of you. This is a clipped image meant to insinuate that you own Maureen Sullivan. The full image includes you dressed that way as a pimp and Lane and Perry from 411 dressed as prostitutes. Another photo shows Perry fishing with a Nazi flag after he took umbrage with Zimmer's using the Holocaust as a comparison for the Police Audit. Needless to say there is no reason for you to ever talk to this guy. If you tell him you do not want to speak to him and he continues to harass you we will just have him arrested.

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From: Beth Mason <beth@fourmasons.com>!Sent: Monday, September 12, 2011 9:20 AM!To: lbajardi@aol.com; jamesbarracato@gmail.com; RGMason@WLRK.com Subject: Please compile most important posts from bloggers

I ask you to compile important posts that show how the dialogue against members of our is ratcheting up in severity. Thanks.

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From: Lane Bajardi <lbajardi@aol.com>!Sent: Sunday, March 4, 2012 10:05 PM !To: RGMason@wlrk.com; nlll@optonline.net!Cc: jamesbarracato@gmail.com;

kcardinalmn@yahoo.com Subject: Some of the latest threats Thanks for meeting with me last week. It was good to see you. I thought you should see a small sample of the invective directed at my family this weekend by Nancy and her ilk on Patch. The poster "ThisMeansWar" continues to threaten Benjamin, and harass Kim and I even though we do not post anything on the site.

ThisMeansWar

8:02 pm on Sunday, March 4, 2012

Nice to see you back up the wife for a change Lane. Now what about your child? Have either of you two losers EVER thought about the damage you are doing to him? It's not just that he is growing up in a toxic atmosphere of LYING and DECEIT. But he will be the kid who is KNOWN the second he walks through the doors of ANY school as the progeny of you two hateful people. Children are cruel. You are digging an awful hole for that child. Fairly or not he will be punished for the sins of the father. And mother. Stop thinking about how badly you want to hurt everyone associated with Zimmer and reform, and start thinking about how badly you ARE hurting your own child.

ThisMeansWar

5:07 pm on Sunday, March 4, 2012

You're a PAID LIAR. This is not debatable. Public Service Announcement. Lane Prosbus-HQ and Kim Curiousgal are PAID LIARS. Their sole motivation is to be paid for POLITICAL DIRTY TRICKS and CHARACTER ASSASSINAITION.

Pages and pages of rants designed to incite violence against my family and yours by this poster can be seen by clicking here: http://hoboken.patch.com/users/thismeanswar/comments

The only way the police will pay attention is if I show up with a lawyer to make them. The only way to stop the harassment and threats in this alternative universe created by Nancy Pincus, Roman Brice, Michael Lenz and Tony Soares is to get a lawyer who will go after those responsible. They are threatening to send their kids in to assault mine. This cannot stand. I need help to unmask these horrible people and punish them for their unlawful trespasses.

I don't need a million dollar attorney who needs $20k to write a letter, but I do need help to take action before one of these crazies really loses control. The time to take legal action is long overdue. History shows us lies left unchallenged become perceived truth, and repeated public threats left unchallenged become violence. I cannot let that happen.

-- Lane

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From: Beth Mason <beth@fourmasons.com> Sent: Monday, January 10, 2011 11:41 PM To: lbajardi@aol.com!Subject: Re: Ugh

Ps I am definitely NOT annoyed. I am trying to discern how to address this I have some ideas.

----- Original Message ----- !From: lbajardi@aol.com <lbajardi@aol.com> To: Beth Mason!Sent: Mon Jan 10 20:38:38 2011!Subject: Ugh

Beth,!I thought it best to leave the meeting without speaking with you in public. I was also concerned you might be annoyed with me.

Meetings can't continue like this. All they have left are their most vicious attack dogs, but in contrast I seem to be the only one (besides Perry, who wasn't there tonight) who defends you and the majority. You need more soldiers to combat their attacks and lies.

Just FYI that Lenz told several lies tonight. Kim is not Red Haven and I am not Professor Pinetop. Though I purposely did not say it at the mic, Melissa is Katie_Scarlett and has no business lecturing you about civility. She recently posted that I am such an asshole that it would be a good idea if somebody called DYFS on us to look into Benjamin's well being. This is the kind of person she is.

Kim is beside herself after Lenz's attack. She wants to file charges against him.

But the thing that takes the cake is Arch calling me a liar. Nothing I said was a lie and I got none of that info about the memo from you, so I can say so if need be. Too many people saw it today, by the way, and I was even urged to do what I can do to get it widely distributed. I didn't want to go that far without consulting with you first.

-- L

Sent from my Verizon Wireless BlackBerry