Denise Nichols is seeking $1,600 in attorneys' fees and costs and any other relief the Court deems just from Righthaven which served her with a civil complaint that failed to mention her in the text.
"Righthaven and Attorney Mangano admitted in Court they made a mistake in serving on me a complaint that fails to even mention my name. So, I should pay for their mistake? No. They should pay full attorneys' fees and costs, and that's giving these people a break," said Denise Nichols. "What should happen is Shawn Mangano should be slapped with a Rule 11 violation that sanctions lawyers for misrepresenting facts in federal Court. How can it be reasonable and diligent for attorney Mangano to file with the Court a complaint he has admitted was a mistake? Mangano needs to be stopped."
Nichols' Rule 11 complaint refers to the federal Court Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions rules.
"I say good for Denise Nichols. She's carrying the ball right now on behalf of all veterans and the Internet community. Mangano's negligence is blatant in Denise's case; but when you consider the systemic, organized fraud he has perpetrated on the Court on the matter of Subject Matter Jurisdiction, it's clear justice demands the Court act against not just Righthaven; but also Mangano for failing to meet his responsibilities as an attorney under Rule 11. He fought Denise Nichols the whole way, instead of just admitting his mistake and owning up to it, apologizing to the Court and the veteran, Denise Nichols whom honestly is likely to be alive, no thanks to Mangano," said Michael Leon.
Nichols says she was lucky her attorneys charged her so little out of respect for the injustice of her case, though Righthaven proved unwilling to negotiate a settlement on the case that was terminated on May 14. -- Civil Action No 2:10-CV-01672-GMM-LRN
Reads Nichols' motion is part: "The Complaint, which was served upon defendant, Denise Nichols, on 03/23/2011, is predicated upon a likely Rule 11 violation as the plaintiff admits the complaint fails to mention the defendant in the text of the complaint, as indicated in the plaintiff's summary report (filed April 18) for the April 20 hearing at which your Honor ruled the case was to be dismissed."
Said Nichols, "The point is until victims stand up to Righthaven, then this will continue. And the victims that have gone through untold amounts of stress then have to hire attorneys to fight. It is a situation that the courts and judges need to pay attention to but also legislators who need to hold hearings and to possibly review the law as passed to review if changes to the law are necessary. All these steps to protect Freedom of speech and fair use."