First Major Development in Fireclean v. Tuohy

Yesterday, Magistrate Judge Nachmanoff of the Eastern District of Virginia handed down the first substantive ruling in the lawsuit filed by Fireclean. In order to support their lawsuit, Fireclean had asked the court to force me to turn over all kinds of financial and other information, including about my subscribers. They also sought information as to any servers that might host my blog in Virginia as well as communications with Virginia residents relating to the blog.

Their most confusing discovery request was for copies of communications with Fireclean. On this matter the judge stated, “One would expect Plaintiff to have knowledge of its own communications with Defendants.”

In denying all of Fireclean’s demands, the judge called their motion a “fishing expedition.” Fireclean must now proceed to respond to my pending motion to dismiss their case with only the information they already have.  My motion to dismiss the case will be heard by the court next month.

You may read the judge’s decision here.


11 thoughts on “First Major Development in Fireclean v. Tuohy”

  1. Fishing expedition! That made me laugh out loud. Things are looking good for you guys. Glad to see that.

  2. Good news Andrew. Keeping you in my prayers on this one.
    This is what happens when you tell the truth, and it’s why so many people don’t. Sadly.

  3. More like a wailing expedition with all the crying those knuckleheads will be doing… get it, wailing, whaling?! 😀 Nevermind.

  4. I second Dane’s comment. I hope that the rulings continue to go in your favor. As a resident of VA who contributed to your legal fund, I am glad that they refused Fireclean’s demand.

  5. Get some shirts printed up once you win. I’d buy one. And I’d get a hell of a lot more for my dollar than what’s in a bottle of fireclean.

  6. Excellent. Hopefully the judge grants a motion to dismiss. I thought it was bizarre of them to trying to make it seem like you were specifically targeting a Virginia audience, I’m glad the judge sees it too.

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