IN THE UNITED STATES DISTRICT COURT. EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION rTeRRy H0B8S, ‘ iit, ; 7 $— cvNo:4on.cv.aosasu NATALIBPASDAR, eta ; Deindans ; STATEMENT OF FACTS IN SUPPORT OF DEFENDANT NATALIE PASDAR’S MOTION FOR SUMMARY JUDGMENT ‘Hobbs files the instant lawsuit ‘Statement of Fact No.1: On November 25, 2008, Temy Hobbs (“Hobbs”) filed the instant suit against recording autists Natalie Pasdar (“Pasdst”) and the Dixie Chicks in Arkansas District Court in Pulaski County. Exhibit (“Ex.") 1, Hobbs Dep. 160:5-160:12; Ex. 14, Compl. (Hobbs Dep. Ex. 2. Response: A Bact Ne January 7, 2009, Defendants removed the ease to this Court on the basis of diversity jurisdietion, Court’s File, Notice of Removal. Response: Statement of In his Complaint, Hobbs asserts against Pasdar causes of action for: (1) defamation; (2) false light invasion of privacy; and (3) outrage. Ex. 1, Hobbs Dep. 160:5-160:12; Ex. 14, Compl {99 20-27 (Hobbs Dep. Ex. 2) Response: ‘Sires OF FacTanSUPFORT OF DEFERONNT ‘avast Paspans Mon om tua JODEMENT matStatement of Fact No. Hobbs’ allegations stem from: (1) the November 26, 2007, letter posted on the Dixie Chicks website (“Website Letter”; (2) a nearly identical letter posted on the Dixie Chicks MySpace blog (“MySpace Letter”) (collectively the “Letters”), and (3) a December 19, 2007, ee the West Memphis Three” rlly (*Rally") at which Pasdar made remarks. Ex. 1, Hobbs Dep. 11:20-12:19, 160:5-160:12; Ex 14, Compl. f] 14,17. (Hobbs Dep. Ex. 2). Response: Statement of Fact N ‘The substance ofthe Letters is identical, and Hobbs" complaints about each Letter are the same, Ex. 1, Hobbs Dep. 307:16-307:22, Response: Statement of Fact No. Inhis Complaint, Hobbs clams tha, inthe Letters and atthe Rally, Pasdar accused fim of murdering thre eight-year-old boys, one of them his stepson, Stevie Branch, inthe Robin Hood Hills area of West Memphis, Arkansas on May 5, 1993 (the “Murders")" Ex. 14, Compl {9415.16 (fobbs Dep. Ex. 2); Ex. 15, Hobbs Supp. Ans. No.2-3,6. Response: Statement of Fact No. Hobbs has candidly admits that on of his purposes in bringing this lawsuit isto “chill the rights of other people to advocate for the release of the West Memphis Three,” who Hobbs Claims were properly convicted of the Murders. Ex. 1, Hobbs Dep. 46:21-47:3, 434:12-434:15, (614:2.6147, 6149-614:11 "Ins depostion, however, Hobbs adits that Pasdr did wot accuse him ofthe Mutdes. Ex. 1, Hots Dep 308:15308:22; 30825-30818, ‘Navair Posts Movin fom SMM JoDEMENT Pace?Response: ‘Statement of Fact No. 8: Hobbs seeks damages for injuties to his person, business, reputation, and for ‘embarrassment, humiliation, mental trauma, and loss of income, and seeks punitive damages. Ex. I, Hobbs Dep. 12:5-13:7; Ex. 14, Compl. $7 28-31 ‘Statement of Fact No. Hobbs’ attomey has sought to publicize this ease. Ex. 1, Hobbs Dep. 161:23-161:25; Ex. 19, Hiland Press Release. Response: Statement of Fact No. I Specifically, J. Cody Hiland (“Hiland”), Hobbs’ attomey, issued a press release about the case in which he said, "While al Americans have dhe right of fee speces, at iyht does not extend to falsely accusing someone ofa triple homicide... Terry Hobbs had absolutely nothing ‘odo with these murders.” Ex. 1, Hobbs Dep. 161:23-161:25; Ex. 19, Hiland Press Release Response: ‘Statement of Fact No. 11: Hobbs approves of his attorney's action in speaking to the press about Hobbs belief that hhehas been accused of the Murders. Ex. 1, Hobbs Dep. 161:23-161:25. Response: B. The Murders and the subsequent convietion of the WM3 ‘Statement of Fact No. 12: ‘Sometime in the evening of May 5, 1993, or the early moming hours of May 6, 1993, Uwe eight-year-old-boys, Michael Moore, Steven Branch ("Stevie") and Christopher Byers,