On April 8, 2010, Home in Henderson editor Jason Feingold was served with a subpoena requiring him to produce information identifying twenty comment posters (Beautiful Dreamer, Confused, Fatboy, Heelshouse, InTheKnow, Interesting, Cathy Lee McIver, MJ, northstar, not my fault, Pearl, Point Keeper, Rachel, Sparky, THE REAL DEAL, Underworld, Who’s winning, A Tax Payer, Self Serving Sam and Ziggy).
The subpoena was pursuant to a Order Allowing Expedited Discovery issued by Judge Howard Manning on April 1, 2010. That order was the result of a civil summons also filed on April 1, 2010 by Tommy Hester, the plaintiff in this matter.
In response to Feingold’s subpoena, lawyers for Home in Henderson filed a motion to quash the subpoena of Feingold. A hearing on that motion was scheduled for 10:00 a.m. today in Vance County Superior Court with Judge Manning presiding.
At that hearing, all parties agreed to a consent order that essentially delays the hearing on the motion to quash Feingold’s subpoena until the May 17, 2010 week term of Superior Court in Granville County, where Judge Manning will be sitting at the time. During the interim, Hester will file his complaint which will include the allegedly defamatory statements, something his original summons failed to do.
Essentially, this arrangement will allow Judge Manning to evaluate the allegedly defamatory statements that will be cited by Hester’s attorneys before ruling on Feingold’s motion to quash.
HiH will make Hester’s suit available on-line when it is filed. That suit must be filed by the close of business on Wednesday, April 21, 2010.