Wronghaven!—Righthaven Calls Veteran's Motion Seeking Attys' Fees for Suit Mistakenly Served Upon Her: An Effort to "extract blood money"
|Denise Nichols Fights for Veterans|
Now, Righthaven just dove deeper into the pond scum in its vendetta against an Air Force nurse (my former co-defendant), a veteran fighting for her life against Gulf War Syndrome, and life-threatening ailments--believed by this medical professional to be exacerbated by Righthaven's frivolous federal lawsuit for $150,000 and attorneys' fees.
Though veteran Denise Nichols persists in her work of helping fellow veterans, Righthaven won't halt its legal efforts against her.
Righthaven served Nichols, of Denver, Colorado, with a federal complaint earlier this year that was ordered to be dismissed on April 20 by federal Judge Gloria M. Navarro.
The complaint, in a reflection of the often shoddy work of Attorney Shawn Mangano and Righthaven generally, fails to mention Denise Nichols in the text of the complaint, even once.
Subsequent bad-faith negotiations by Righthaven ensued in which Righthaven tried to induce Nichols to sign a press release with language describing how generous and thoughtful Righthaven is to veterans and the disabled, a la the case against North Carolina blogger Brian D. Hill.
After dismissal negotiations failed, Righthaven was forced to terminate its suit against Nichols May 6 or face Judge Navaro again.
Nichols then filed a motion for $1,600 in attorneys' fees that she paid to Attorneys John Arsenault of Colorado and Mike Kimbrell of Nevada. Even these facts are disputed by Righthaven.
Both attorneys agreed the Righthaven suit lacked any merit as a defendant is of course to be mentioned in a complaint if she is accused a tort.
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."
In a Court filing this week, Righthaven responded by saying of Nichols' motion "it is nothing short of an attempt at trying to extract blood money in the form of an attorney's fee award to which she is not entitled."
Righthaven's position is that Nichols is not entitled to recoup attorneys' fee though she was served with a complaint that does not mention her.
Nichols, who had to appear by telephone at an April 20 federal Court hearing from a DC Veterans' Medical facility, continues her fight for her life and those of her fellow veterans.
Nichols said yesterday she is composing her response to Mangano and Righthaven's outrageous "blood money" charge and will file it this weekend.
Maj. Denise Nichols (ret), Vietnam era and Gulf War veteran, retired nurse, MSN, retired US Air Force Flight Nurse Clinical specialist in cardio-vascular nursing, served on the nursing faculty of several universities around the country.
"I think Righthaven has this backwards. Righthaven and Mangano are after blood money. They are harming people and lying about it. The idea that I, along with other prevailing defendants, are after 'blood money' for Righthaven's mistakes and abuse is absurd," said Nichols today.