ICSD Motion for Summary Judgment

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The ICSD, through counsel Girvin & Ferlazzo PC, filed its motion for summary judgement on April 13th.

Download the entire motion (535 pages, 20 MB)

Defendants' Response to ICSD Motion for Summary Judgment

Contents

Motion for Summary Judgment (parts)

Orders

Notes

- I thought Quesnel was very generous when he described my lack of a HS diploma: "Although Plaintiff AA did not formally graduate from IHS in June 2005, he currently attends the University of Chicago" (paragraph 9). I mean, "formally"? That's so unnecessary! Also, he doesn't seem to realize that the "Leland Stanford Junior University" is the same as "Stanford", based on his description of Trevor.

"129. The Tattler is referred to as 'The IHS Tattler' inside each issue". Of course, I don't recall using the line of argument that calling ourselves the IHS Tattler would hurt our chances in a future lawsuit, but hey!


- To my amazement, nothing from Teukolsky's deposition is referenced in the statement. Privately, I practically peed my pants when I read her deposition––I mean, could it possibly have supported us more??? The only problem is, you can't exactly thank someone for telling your version of the truth, but still. She totally gets the Best Deposition prize. Maybe I'll order her a cake.


- It's interesting the kind of minor errors that creep in. For example, in the long section where Quesnel is ramming in the fact that none of us are still IHS students, he says that I haven't submitted any articles to the Tattler since 7/1/05 (which is incorrect). And apparently, "IHS does not currently have a formal journalism course" (14). I guess the course the English department offers is an informal course?

- And then there are the many inaccuracies that are more consequential. (Well, I guess the last one was pretty consequential.) For example, "the ICSD provides the Tattler with an annual budget to cover the cost of postage, printing, and publication." ($1000?!? And besides, they made us pay for postage run through their meter.)

- Quesnel includes the Academic Dishonesty saga, which is bad, because we never got our side of the story on the record. I'm uneasy.

- And Quesnel notes that "the June 8th, 2005 issue of The Tattler was published under theh guidelines that Plaintiffs challenge through this action" (111). I believe that I advocated continuing as The Issue for that very reason, no?

- from the statement, pastel makes it look like there's a crisis of promiscuous middle-schoolers engaging in group sex, mass oral sex, etc..... (pastel affadavit 8, 16). of course, my guess is that this is just hysteria based on hysteric news reports; the kind of thing that has very little basis in reality (like poisoned halloween candy, child abduction, etc.). I mean, how would pastel know about direct evidence of that in district? and she doesn't have any direct evidence, just this vague, vague stuff from heresay news reports which are probably reporting on other news reports which are probably reporting on one poorly-done study five years ago, or something. all heresay. like the telephone game, iterated a dozen times. Typical baseless hysteria. I hate, hate, hate, hate it.


-- AND BY THE WAY, they keep talking about how everything was just fine and swell before the 04-05 school year... when in fact the 03-04 editorial board was almost identical to the 04-05 board.

russel affadavit 3: russell says tht IHS didn't have a journalism course.

russell affadavit 6: russell says bach had two release credits for tattler; no, she had one for tattler and one for annual.

russell affadavit 9: russell says that ICSD has paid for trips to CSPA--no, ICSD just paid for transportation, individuals paid for hotel/registration.

russell affadavit 12: refers to a 2004 meeting with rob as a meeting with "former IHS student Robert Ochshorn." rob was of course an IHS student at that time. This is another rhetorical slip that pisses me off, the confusion of past and present. It happens a lot with "ex-girlfriend," for example, "In 2004, my ex-girlfriend and I made out in the library." well, no, she wasn't my ex-girlfriend when she was making out with me in the library. "in 2004, my then-girlfriend and I made out in the library" is much more accurate. GAAAGH and people always say that!

wilson affadavit 4,5––the chronology of Wilson's affidavit makes it seem as if he was casually reviewing the Student Conduct Manual, noticed the part about students being required to clear surveys with the principal, and then emailed faculty and staff to remind them that surveys needed to be approved before being distributed. Then, all of a sudden, the Tattler conducted a survey regarding his performance! Actually, it's stranger: he says that we asked him for approval for the student survey, which he then forwarded to Russell; in fact, we only asked for approval for the teacher survey.

vinch affadavit 17 - another "former IHS student robert ochshorn"

vinch affadavit 20 - vinch slams rob! what a jerk. "When Mr. Ochshorn became Editor-in-Chief of The Tattler in 2004-2005, this task became exhausting if not impossible. It seemed like every time I raised a concern, Mr. Ochshorn became defensive, often saying he would contact a lawyer if he needed to."

vinch affadavit 21--vinch says that "student publishers" of the tattler got credit in 03-04--no!


pastel affadavit 7 - "The Tattler is the ICSD's newspaper that is supported by the ICSD in order to teach journalism and certain aspects of business ... as it is the ICSD's newspaper, the ICSD is ultimately responsible for the content."

pastel affadavit 10 - "former IHS student robert ochshorn."


memorandum of law

- says that we have standing (relavence when filed) but case is moot (relavent when decided)

- BETHEL V FRASER

- references dean v utica

- and romano

- "it is axiomatic" he's fucking misusing that words

--(AMHA)

See Also

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