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17-727 - Weitsman et al v. Levesque


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17-727 - Weitsman et al v. Levesque
April 25, 2018
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MEMORANDUM-DECISION AND ORDER granting in part 25 Motion for Default Judgment; finding as moot 29 Motion to Strike: The Court hereby ORDERS that Plaintiffs' motion for default judgment against Defendant (Dkt. No. 25) is GRANTED IN PART as to liability for the defamation claim, pending a hearing on damages; and the Court further ORDERS that Plaintiffs' business disparagement/trade libel, tortious interference, and intentional infliction of emotional distress claims are DISMISSED; and the Court further ORDERS that Defendant Robert Arthur Levesque, III is hereby restrained and enjoined from publishing on the internet, or causing the publication of, any of the following false and defamatory statements, whether directly or indirectly, about Plaintiffs Adam Weitsman and/or Upstate Shredding: (1) that Plaintiffs Weitsman or Upstate Shredding is a "murderer;" (2) that Plaintiffs Weitsman or Upstate Shredding conspired to murder Michele Harris; (3) that Plaintiffs Weitsman or Upstate Shredding assisted, helped, and/or aided Calvin Harris or any other person in disposing of Michele Harris' body; (4) that Plaintiffs Weitsman or Upstate Shredding conspired, assisted, helped, and/or aided in the murder of Michele Harris; (5) that Plaintiffs Weitsman or Upstate Shredding was paid money by Calvin Harris or any other person in connection with the murder or disappearance of Michele Harris; (6) that Plaintiffs Weitsman or Upstate Shredding conspired, assisted, helped, and/or aided Calvin Harris or any other person from being found guilty, convicted, arrested, detained, liable, responsible, and/or suspected of murdering Michele Harris; (7) that Plaintiff Upstate Shredding or any of its equipment was used to dispose of Michele Harris' body; (8) that Plaintiffs Weitsman or Upstate Shredding was involved in the disappearance of Michele Harris; (9) that Plaintiffs Weitsman or Upstate Shredding sold or sells illegal drugs; (10) that Plaintiffs Weitsman or Upstate Shredding is or has been involved with Joaquin "El Chapo" Guzman; (11) that Plaintiffs Weitsman or Upstate Shredding engaged or engages in money laundering; (12) that Plaintiffs Weitsman or Upstate Shredding bribes or has bribed one or more government officials; (13) that Plaintiffs Weitsman or Upstate Shredding is or has been involved with covering up the death of Michael Burke; and (14) that Plaintiffs Weitsman or Upstate Shredding fooled the Environmental Protection Agency ("EPA") by removing two feet of contaminated soil at the Jamestown Yard; and the Court further ORDERS that, within FOURTEEN (14) DAYS from the date of this Memorandum-Decision and Order, Defendant shall remove from all websites, forums, blogs, lists, social media accounts, and any other forum of mass communication (collectively "Forums") all defamatory statement pertaining to Plaintiffs Weitsman or Upstate Shredding; and the Court further ORDERS that the Clerk shall schedule a damages inquest at the earliest convenience of the parties; and the Court further ORDERS that Plaintiffs' motion to strike (Dkt. No. 29) is DENIED as moot; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/25/2018. (Copy served via regular and certified mail)(ban)