Go To John Tabor Deposition
Go To Photographic Evidence
To put this case all on the Record, all Discovery, both Requests and Responses were filed with the Clerk of the Court by the Defendant Pro Se, not just the Certificates of Service.
http://journals.aol.com/rmckin2146/construction-lawsuit/
RESPONSE
LAW OFFICES OF
CHARLES W. FIELD
Attorney At Law
911 Duluth Hwy. Ste. D-3211
Lawrenceville, GA 30043
January 21, 2008
Mr. Kevin T. Moore, Esq.
Building C, Suite 201
6111 Peachtree Dunwoody Rd., N.E.
Atlanta, GA 30326 VIA FAX AND REGULAR MAIL
Re: Demand for Retraction, etc.
Dear Mr. Moore:
As I stated in my fax to you dated January 17, 2008, I represent Mrs. Robyn McKinney. After reviewing your letter of January 15, 2008, and after consulting with my client, it is our position that Mrs. McKinney will not, in this lifetime, retract anything she has said, at least not because of anything you stated in your letter. Furthermore, Mrs. McKinney has no intention whatsoever to “cease and desist” doing or saying anything, what with this being the United States of America, Land of the Free and Home of the Brave and all that.
In order to get a better understanding of your position, I need to ask a few things.
First, you are adamant in your assertion that Gary Hilton never set foot on Mrs. McKinney’s property. Is it your contention that Mr. Tabor or someone else had Mr. Hilton under constant surveillance? If not, kindly enlighten me as to what proof you have that Mrs. McKinney lied about this.
Is it your position that Mrs. McKinney invented Hilton out of thin air and then superimposed his likeness into her life, so that she could be interviewed by Geraldo?
Specifically, and I think that this goes to the heart of this whole matter, if Mrs. McKinney had not become acquainted with Hilton in his capacity as an employee or other agent of Mr. Tabor and/or Insulated Wall Systems, Inc., how would she even know who he was when he recently came into the national spotlight? Furthermore, in this same vein, why was Hilton even mentioned in Mr. Tabor’s deposition if he had no contact with Mrs. McKinney as an employee or other agent of Mr. Tabor and/or Insulated Wall Systems, Inc.? Of all the points I raise in this letter, I specifically and emphatically demand an explanation of these.
You seem to have no trouble taking what Mr. Tabor said in his deposition as gospel. I guess that is good; we lawyers need to be able to believe our clients. However, if we can prove by evidence independent of Mrs. McKinney’s statements that Hilton was indeed on her property at the behest of Mr. Tabor and/or Insulated Wall Systems, Inc., would you then accept that Mr. Tabor is a bald-faced liar?
As you are aware, in order to maintain an action for defamation, a key part of Mr. Tabor’s case would be damages. Please itemize with specificity what damages Mr. Tabor has suffered.
Please enlighten me as to what motivation Mrs. McKinney might possibly have to (a) lie about Hilton and (b) injure or otherwise damage Mr. Tabor.
I will take any failure on Mr. Tabor’s part to affirmatively counter any point that I have made in this letter as an admission on his part that he has no response that would be beneficial to his side of this tempest in a teapot.
I apologize if this letter is not as eloquent, facile, fluent or silver-tongued as it might otherwise be; however, you only gave us three days to respond.
I hope this letter will lay this matter to rest.
Sincerely,
Charles W. Field
P.S. I know the law about filing frivolous lawsuits. Demand is hereby made upon you that you go away. See O.C.G.A. §§ 9-15-14 and 51-7-80 et seq
cc: Mrs. Robyn McKinney
DEMAND
LAW OFFICE OF
KEVIN T. MOORE, P. C.
6111 PEACHTREE DUNWOODY ROAD, N.E.
BUILDING C. SUITE 201 ATLANTA, GEORGIA 30328-4522
TELEPHONE (770) 396-:3622
FACSIMILE (770) 551-8701
January 15, 2008
Via Certified Mail: 7002 2030 0000 7924 6233, Federal Express: 8348 9281 0050, and Regular Mail
Robyn McKinney
4083 Red Laurel Way
Snellville, GA 30039
Re: Demand for Retraction of Malicious and False Statements concerning Insulated Wall Systems, Inc. and Jobn Tabor, Individually
Dear Mrs. McKinney:
The law firm of Kevin T. Moore, P.C. has been retained to represent the interests for all injuries and damages occasioned by you due to your intentional and malicious misrepresentations regarding Insulated Wall Systems, Inc. (hereinafter referred to as IWS, Inc.) and John Tabor, individually. This correspondence is to place you on notice that you are to immediately cease and desist making any statement whatsoever regarding the employment relationship of Gary Hilton and IWS, Inc. and any relationship that Mr. Hilton may have had with John Tabor, individually.
It has come to my attention that you have maliciously and intentionally interjected yourself into an extremely tragic situation by representing that Gary Hilton had been to your residence on behalf of IWS, Inc. in 2004. You reported this to Christian Boone, reporter, with the Atlanta Journal and Constitution on January 11, 2008 and again with Rachel Kim of WSB TV which originally aired on January 11, 2008. You also interviewed with Kevin Rosen of WXIA TV on January 11,2008 and Geraldo Rivera on January 12, 2008. You have continued to place into the hands of third parties malicious untruths regarding Mr. Hilton's employment relationship with IWS, Inc. on the internet, which statements have been extremely detrimental to my clients.
To set the record straight, Gary Hilton has never set foot on the property where you reside as an employee or subcontractor of IWS, Inc. nor has he ever supervised any project whatsoever on behalf of IWS, Inc. with respect to any work performed by or on behalf of IWS, Inc. on the property where you reside or any other property. You falsely and maliciously represented to third parties that Mr. Tabor never supervised the project at your residence and that Mr. Tabor sent Mr. Hilton to oversee the project on your residence. This is a blatant lie, mistruth and made with malice due to your husband's underlying lawsuit entitled IWS, Inc. v. Ron McKinney, Superior Court of Gwinnett County , Case Number 05A06942-9. In fact, had any of the media outlets chosen to discover the truth, they would have been able to find that in the deposition of John Tabor taken on February 6, 2007, he states that at no time was a subcontractor
Page 2 of 2 Letter to Robyn McKinney January 15,2008
named Hilton working on your property. You were present at the deposition and you know without question that Mr. Hilton has never appeared on your property.
Therefore, your statements can only be interpreted as an attempt to injure the business reputation of IWS, Inc. and the personal and business reputations of John Tabor, individually. Moreover, because Mr. Hilton has never been on the property where you reside in any representative capacity with IWS, Inc. you would not have been able to hear Mr. Hilton complain of felony convictions. Your statements to the various news outlets have caused irreparable harm to my clients such that I am demanding at this time that within three (3) days of your receipt of this letter that you, in writing, retract the statements that you have made to the Atlanta Journal and Constitution, WSB TV, WXIA TV as well as your interview on the Geraldo Rivera show and retract said statements via the internet. Should we not see a written retraction of your statements within three (3) days of this correspondence, I have been retained to file a temporary and permanent restraining order against you to prevent any further defamation by you of my clients. Should it become necessary that I must file a temporary restraining order, I will be seeking reasonable attorney fees for the necessity of having to do so. More importantly, should you continue with your fabricated and malicious attack upon the good names and reputations of IWS, Inc. and John Tabor, I will file a lawsuit against you and will be seeking substantial attorney fees at that time.
You are now placed on notice. Govern yourself accordingly.
Very truly yours,
The Law Office of Kevin T. Moore, P.C.
Kevin T. Moore
KTM/glw
cc: Insulated Wall Systems, Inc.
John Tabor