1 1 TRANSCRIBED FROM DIGITAL RECORDING 2 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION 3 4 MEANITH HUON, 5 6 7 Plaintiff, vs. BREAKING MEDIA, et al., 8 9 10 11 12 Defendants. 15 16 No. 11 C 3054 Chicago, Illinois June 17, 2015 9:01 A.M. TRANSCRIPT OF PROCEEDINGS - Status BEFORE THE HONORABLE JEFFREY T. GILBERT, Magistrate Judge APPEARANCES: For the Plaintiff: HUON LAW P.O. Box Chicago, BY: MR. For the Defendants: MANDELL MENKES LLC One North Franklin Suite 3600 Chicago, Illinois 60606 BY: MR. STEVEN P. MANDELL 13 14 ) ) ) ) ) ) ) ) ) FIRM 441 Illinois 60690 MEANITH HUON, Pro Se 17 18 19 20 PAMELA S. WARREN, CSR, RPR Official Court Reporter 219 South Dearborn Street Room 2280 Chicago, Illinois 60604 (312) 294-8907 21 22 23 24 25 NOTE: Please notify of correct speaker identification. FAILURE TO SPEAK DIRECTLY INTO THE MICROPHONE MAKES PORTIONS UNINTELLIGIBLE. 2 1 (Proceedings held in open court:) 2 THE COURT: 11 C 3054, Huon versus Breaking Media. 3 MR. HUON: Good morning, your Honor. Meanith, 4 5 6 7 8 9 M-e-a-n-i-t-h, Huon, H-u-o-n, on behalf of plaintiff. MR. MANDELL: Good morning, your Honor. Steve Mandell on behalf of Breaking Media, defendants. THE COURT: Okay. So as you all noted this -- I had this case a while ago. I read Judge Tharp's December 2014 opinion. I read 10 the internal opinions. I read the transcript of the May 20th 11 status conference in front of Judge Tharp, as well as the May 12 26 where subject of settlement was raised, and you came back in 13 and said we're -- we'd like to do this. So I know you're 14 stayed pending settlement discussion. 15 I know that the only two claims -- the claim -- there 16 are several claims left, but they all arise from the 17 allegations that Mr. Huon was charged with sexual assault on an 18 occasion prior to the Jane Doe incident and that he poses as a 19 promotion supervisor in order to meet women on an occasion 20 prior to allegedly posting the ad to which Jane Doe responded, 21 which Judge Tharp refers to it as two actionable implications 22 in the ATL article, right? 23 So that's -- seems to me that the -- the defamation 24 claim, as well as the other claims, intentional infliction and, 25 I guess, false (unintelligible) against your clients, arise 3 1 from those statements. Right? 2 MR. MANDELL: Correct. 3 THE COURT: So -- 4 MR. MANDELL: I mean, we have arguments, but that's 5 not what you're looking for, right? 6 THE COURT: Right. No, I'm sure you have arguments on 7 the merits. But right now those are the claims that are in the 8 case. And he's not going to look at any more amended 9 complaints. So that's the case as it stands now. 10 And if it can't be resolved, that's the case upon 11 which discovery will proceed and damages will be awarded and 12 then appeals will be taken. 13 14 And you're here to try and resolve -- to avoid all that stuff. Right? 15 16 MR. MANDELL: Right. I don't want to start quibbling but -- 17 THE COURT: Uh-huh. 18 MR. MANDELL: -- subsequent to Judge Tharp's opinion, 19 the Seventh Circuit came out with an opinion in Mr. Huon's 20 civil rights case, which then we based a motion more or less to 21 strike the remaining claims. 22 Judge Tharp in his decision denying the motion for 23 leave to file a fifth amended complaint did not address those 24 motions. So that's a legal question, I think, that is hanging 25 out there. But apart from that issue, you're right, 4 1 we're -- you know, prepared to try and settle the claim. 2 THE COURT: And -- 3 MR. HUON: Judge, I'm only just saying it because he 4 brought it up. I'm sorry, I didn't mean to cut in. But he 5 brought it up at the last hearing as well. 6 THE COURT: I saw it on the transcript. 7 MR. HUON: I raised the same arguments that their 8 estoppel argument is implied. If you look at the opinion, the 9 Seventh Circuit basically says, we don't have to reach these 10 facts, we're going to take the police report as face value 11 and -- 12 THE COURT: We're going to what? 13 MR. HUON: Well, they basically -- 14 THE COURT: We're just going to take -- I just -- I 15 coughed, so I didn't hear you. 16 MR. HUON: I thought they were saying that 17 they -- that the police officer had the right to rely on the 18 police report. 19 THE COURT: Uh-huh. 20 MR. HUON: And the argument was that the police report 21 22 contained false statements. But, I mean, now -- now we're going to like the merits 23 and everything. I just don't want to go there. But since he 24 brought it up, I'm just responding. But, you know, we're 25 obviously here to try to settle the case. 5 1 But I know that -- 2 THE COURT: Yeah. 3 MR. HUON: -- he's going to make that argument on 4 behalf of his client. 5 THE COURT: Yeah. 6 MR. HUON: But that's my legal argument. 7 We're not here to talk about that, we're here to try 8 to settle the case. 9 THE COURT: Okay. But I actually -- I actually am 10 glad it was raised. I did see it in the transcript. And I 11 thought to myself, are the defendants here really to settle the 12 case or are we here to argue about whether or not there is any 13 case left after the -- what the Seventh Circuit said. 14 And, you know, I understand this is a little bit of a 15 difficult case because -- and I don't mean this in 16 any deprecating way, I really don't, but there is a saying that 17 says, a lawyer who represents himself, has a fool for a client. 18 That's just like a -- you have heard that comment before, 19 right, Mr. Huon? 20 MR. HUON: Yeah, except that you look at -- 21 THE COURT: And so you're -- all I'm saying is you're 22 representing yourself, so I don't really have a disinterested 23 lawyer representing you. I have, the half side of you is the 24 lawyer, and the half side of you is the client, all of which 25 kind of get together with the nature of the claims here. 6 1 And you have been here before, and I recognize it. 2 And I know you're very invested in this case. I would love to 3 help you settle it. 4 MR. HUON: Except, you know, I know we're -- I know 5 we're being recorded, but -- except if I could just respond to 6 that. 7 THE COURT: Uh-huh. 8 MR. HUON: My first appeal in Huon versus Johnson and 9 10 Bell, I think it was cited like, correct me if I am wrong, like over 50 times. 11 THE COURT: Uh-huh. 12 MR. HUON: You know the lawsuit against Madison 13 county, subsequently the sheriff lost reelection. The -- I 14 mean, what I am trying to say is that the Gawker -- the Gawker 15 part of the case could likely go up on appeal. 16 17 18 THE COURT: Right. But they are gone right now as we sit -- as we stand. MR. HUON: So if -- if -- I think we're here to settle 19 the case. I think he's just doing his job by making the 20 comments. 21 But I think that -- I think they want to settle the 22 case because if they don't settle the case, they could end up 23 being part of that appeal. 24 THE COURT: Sure. 25 MR. HUON: This litigation could go on. 7 1 And on top of that, Gawker is going to trial on the 2 Hulk Hogan case on July 6th. 3 THE COURT: Uh-huh. 4 MR. HUON: And I think they made the comment that, you 5 know, that they -- if they lose that particular case, they're 6 going to have to pull a (unintelligible) and it could wipe out 7 the company. 8 THE COURT: Uh-huh. 9 MR. HUON: Gawker brings in, I think, 45 million. 10 Their company brings in 7 million. I think they are almost in 11 the same position. 12 On top of that, there are some things going on with 13 the Gawker litigation that I can't say on the record, but I 14 could say off the record. I had mentioned that to the opposing 15 counsel. 16 THE COURT: Uh-huh. 17 MR. HUON: So I think he's going to make that passing 18 comment because he's a good lawyer, he's just doing his job, 19 but I think that his client probably wants to settle. 20 MR. MANDELL: I was -- I was only reacting to your 21 Honor's comment that, okay, now it is either settle or the 22 merits. And that's -- 23 THE COURT: Yeah. 24 MR. MANDELL: -- not exactly from our perspective. 25 And that's all going to come out in the letters. Right? So I 8 1 didn't mean to divert this process into an argument about, you 2 know, legal arguments, so -- 3 THE COURT: Yeah. No, okay. I took it as such. 4 MR. MANDELL: Okay. 5 THE COURT: All right? I mean, I think I understand 6 where you guys are coming from. The proof is going to be in 7 the pudding here. So let's talk about the pudding. All right? 8 I -- you were not here the last time while these cases 9 were in front of me, right? 10 MR. MANDELL: I think I was very early -- 11 THE COURT: Were you? 12 MR. MANDELL: -- in the process -- 13 THE COURT: Okay. 14 MR. MANDELL: -- when we were talking about the 15 criminal trial transcript and -- 16 THE COURT: Yeah, yeah, yeah. 17 MR. MANDELL: Right. 18 THE COURT: Okay. And are you -- is your 19 client -- are you -- is there insurance behind your client or 20 no? 21 MR. MANDELL: Yes. 22 THE COURT: Okay. So, you know -- and a 23 representative of the insurance company has to be here for a 24 settlement conference. 25 MR. MANDELL: I understand that. 9 1 THE COURT: Okay. 2 MR. MANDELL: One issue that I think -- I'm glad you 3 raised this. There is Breaking Media, which is the corporate 4 defendant. There is David Lat, who is the managing editor. 5 There is Elie Mystal, who I think wrote the article. And then 6 another defendant, Minkin, who may be the publisher. 7 THE COURT: Uh-huh. 8 MR. MANDELL: I was not planning to have either Mystal 9 or Minkin here. I was going to have the head guy from Breaking 10 Media and then probably Mr. Lat and then a representative of 11 the insurance company. 12 13 MR. HUON: I don't have any objection if they want to have their people available by telephone, Judge. 14 THE COURT: I do. 15 MR. HUON: Okay. Sorry. 16 THE COURT: The people with -- 17 MR. HUON: I didn't mean to jump in. 18 THE COURT: I mean I'm going to ask you a question 19 that will kind of decide this for me. But if we're talking 20 about money, then the people who will be signing the checks and 21 have to approve it, they have to be here in person. And -- but 22 I guess I -- the thought I had in reading Judge Tharp's 23 opinion, are we talking about money here or are we talking 24 about retraction, apology? 25 MR. HUON: No. 10 1 THE COURT: Are we talking about both? 2 MR. HUON: We're talking about money. I had a 3 conversation with the opposing counsel, Steve Mandell about 4 money at some point, and there were some figures tossed around. 5 And I think that was before the Seventh Circuit issued their 6 opinion in Huon versus Madison County. 7 And since that time I have not resumed the 8 conversation. But at some point, yes, we were talking about 9 money. 10 THE COURT: Well, if we're -- if that's what we're 11 talking about, then you have to make a demand and explain in 12 your letter, five pages or less, why based upon both what's 13 still in the case, what this hanging issue is, what the Seventh 14 Circuit opinion, and with respect to what you think would be 15 the result post -- possibly of an appeal of Judge Tharp's 16 dismissal of the rest of your claims against the Breaking Media 17 people, this is why your demand is reasonable. 18 And it should be itemized if you are talking about 19 things like compensatory damages for lost X, Y, Z. If it is 20 emotional distress damages, I understand it is hard to itemize, 21 but I would like you to put in there what the evidence is going 22 to show with respect to those things. 23 And obviously punitive damages, if you are looking for 24 those too, and I don't know if you are, but -- in other words, 25 I want an itemized demand. I don't want something that says, 11 1 and for all these reasons, $17.5 million. 2 3 4 5 6 And then I'll have the defendant respond to it in kind. And then, you know, we'll come in and see if we can resolve it. All right? Given my past association with the case, I'm hopeful 7 that we can resolve it. I'm prepared to put a settlement 8 conference date on the calendar. But I'm going to reserve the 9 right to read your letters and get you on the phone. And if 10 you are so far apart or in different galaxies, which is -- 11 could be possible here, we'll decide whether or not we're going 12 to go forward with that or you need some more discovery. 13 But right now you're stayed, and everybody seems, 14 based on the transcripts I read, very interested in seeing if 15 you can resolve this without the expenditure of more time, 16 effort, and money. And if that's where you guys are, I'm your 17 guy. Okay? 18 19 So, Mr. Huon, when can you provide a letter to the defendants with a copy to me? 20 MR. HUON: Can I get at least 28 days? 21 THE COURT: That's a long time, but -- 22 MR. HUON: Twenty-one, Judge? 23 THE COURT: Huh? 24 MR. HUON: Twenty-one? 25 THE COURT: All of this is a long time. When folks 12 1 come in and they are ready to settle, I usually -- and I 2 understand you're doing other things -- I will give whatever 3 time want, you know. I mean -- 4 MR. HUON: Well, one of the allegations that as a 5 result of the publication -- 6 THE COURT: Uh-huh. 7 MR. HUON: -- every time -- I'm just referring to the 8 plaintiff here. We have an audience in here. 9 Every time the plaintiff finds work, they Google him, 10 and he gets terminated. So the plaintiff at one point worked 11 for Debra DiMaggio for a couple weeks, and he was terminated. 12 Then he worked for Tom Grotta. Then he was 13 terminated. 14 Sometimes the plaintiff, as recently as January, was 15 out knocking on doors selling TruGreen. So it is not the -- it 16 is not that the -- it is not an issue whether the person is 17 prepared to settle, it is that since the publications of these 18 articles, it is -- that's how he has had to live. 19 So it is an issue of time. You know, you're running 20 around trying to find work. You do a good job. You get 21 terminated because somebody Googles you. And it constantly 22 goes on. 23 24 25 So that's the only reason why I asked for a longer date. THE COURT: Look, I'll do whatever anybody wants. I 13 1 had the impression everybody was coming down here to try and 2 get ready to settle the case. So -- and you're talking about 3 plaintiff in the third person, but that -- I'm correct that's 4 you, right? 5 MR. HUON: Yeah. 6 THE COURT: Okay. 7 MR. HUON: But5 we have an audience in here, Judge. 8 THE COURT: That's cool. No, look at, you tell me 9 10 when you're prepared to do your letter, and then we'll get a response from the defendant. 11 So you tell me when. 12 MR. HUON: Twenty-one or 28 days, Judge, I'll get my 13 letter out. 14 MR. MANDELL: I just want to make -- we talked about 15 when we would like to have the settlement conference, and that 16 might be jumping ahead too far, but I have got some time 17 issues. 18 19 20 21 THE COURT: Okay. Tell me when you would like to have the settlement conference. MR. MANDELL: I can do the settlement conference during the last half of July. 22 THE COURT: Uh-huh. 23 MR. MANDELL: And I have got specific dates on that. 24 August is virtually out. 25 And then the next available time would be September 14 1 2 3 4 5 6 7 8 9 22nd. MR. HUON: I don't have a problem with September 22nd, Judge, if he has to go to September 22nd. THE COURT: I have a police shooting case that's going to trial then over that period of time, so I can't do it then. But let's look what we have got. (Brief interruption.) THE COURT: I mean, I guess I would also -- I have an interest in knowing sooner rather than later whether we're 10 going to actually have a settlement conference in this case or, 11 despite both parties's willingness to talk settlement, you are 12 so different in terms of what you anticipate a settlement will 13 be that it doesn't make sense. That is -- to me not knowing 14 anything but having a little bit of history here with this 15 case, that's a distinct possibility. 16 What would 21 days for -- 17 THE CLERK: That would be July 6th. 18 Actually July 8th. I apologize. 19 THE COURT: Uh-huh. 20 And is it Mr. Mandell? Is that who are you? 21 MR. MANDELL: Yes. 22 And then what -- I forgot your -- is it then 7 do I 23 24 25 have or -THE COURT: Well, look, I'll give you whatever you what -- I mean, I'm trying to work with the date. If you had 15 1 7, I'm looking at July 27th in the afternoon. 2 MR. MANDELL: For the conference? 3 THE COURT: Yeah. You said the latter half of July 4 5 works for you. MR. MANDELL: You know, that's fine. I was just asked 6 to request that Tuesdays, Wednesdays, and Thursdays are 7 preferred -- are better. 8 9 THE COURT: Okay. Well, the week of -- the last week of July -- I mean, assuming. 10 MR. MANDELL: The 28th work for you? 11 THE COURT: No I have a a settlement conference set on 12 the 28th. I have a settlement conference set on the 29th. I'm 13 leaving town on the 30th. 14 I could do it on July 23rd. 15 MR. MANDELL: That works. I mean, look, if it is much 16 more convenient for your Honor to do it on the 27th, the client 17 will have to live with it. But I'm just relaying a preference 18 I guess that Tuesdays, Wednesdays, and Thursdays are better for 19 him travel-wise. 20 THE COURT: Uh-huh. 21 MR. MANDELL: So -- 22 THE COURT: Well, Mr. Huon, if you could do your 23 letter by the 8th, and defendants can give the letter -- I 24 mean, you exchange the letters, and then per my settlement 25 conference order I get a copy of that letter. 16 1 So if we do the 7-8, 7-15, and set it for 7-23 at 1:30 2 P.M. -- the only problem with that is that -- well, it is what 3 it is. Okay. 4 5 Do you want to do that? All right. Do you want to confirm with your -- you're okay with that, Mr. Huon? 6 MR. HUON: That's fine, Judge. 7 THE COURT: You want to confirm with your client today 8 that that works, that date works? Or you already know that 9 date works. 10 MR. MANDELL: I already know that date works. 11 THE COURT: Fine. All right. That's what we'll do. 12 MR. HUON: Since this is a settlement conference, 13 Judge, can we go off the record for me to tell you something or 14 should we just till we have the settlement conference? 15 THE COURT: We can go have the record. 16 MR. HUON: Yeah. 17 THE COURT: You should know there are people who are 18 sitting here waiting for a settlement conference that was 19 supposed to start two minutes ago behind you. 20 MR. HUON: Yeah, I think they're -- 21 THE COURT: If you want to come in chambers, I could 22 23 24 25 talk to you in chambers. MR. HUON: I can just tell you right now, Judge. I think they are not related with Gawker. Should we just go off the record or -- 17 1 THE COURT: They are all taking notes. 2 MR. HUON: Yeah. 3 THE COURT: Go off the record. 4 (Which concluded the proceedings.) 5 6 CERTIFICATE I certify that the foregoing is a correct transcript 7 from the digital recording of proceedings in the above-entitled 8 matter to the best of my ability, given the limitation of using 9 a digital-recording system. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 / s/ Pamel a S. War r en Official Court Reporter United States District Court Northern District of Illinois Eastern Division July 21, 2015 Date