FILED IN CLERKS OPROE

U .S .D .C . ~ Atlanb

MAY 2' 8 2004 r

IN THE UNITED STATES DISTRICT COURTgLUTHtnC ~. ~  ,,f, , Clerk

FOR THE NORTHERN DISTRICT OF GEORGIAy' ~IlI?CI~-~ Deputy Clerk

ATLANTA DIVISION
V
JOHN RAMSEY, PATSY RAMSEY and
BURKE RAMSEY, a minor, by his
next friends and natural parents,
JOHN RAMSEY and PATSY RAMSEY,

Plaintiffs,

CASE NO. : 1 03 CV-3976 (TWT)

VS .
FOX NEWS NETWORK, L .L .C ., d/b/a
Fox News Channel,
Defendant .
JOINT PRELIMINARY REPORT AND DISCOVERY PLAN
1.

Description of Case :
(a)

Describe briefly the nature of this action .

Plaintiffs have filed a defamation action arising from a news report telecast
by defendant Fox News Network in December 2002 . Plaintiffs seek recovery for
injury to reputation and punitive damages .
(b)
Summarize, in the space provided below, the facts of this case. The
summary should not be argumentative nor recite evidence.
Plaintiffs' Description:
Plaintiffs are the parents and brother of JonBenet Ramsey, the 6-year-old
child who was murdered in December of 1996 in Boulder, Colorado . Defendant

`.-.NY - 9640510035 - 890300 ~3

owns and operates a twenty-four (24) hour cable news channel known as Fox
News Channel .
On December 27, 2002, in connection with the sixth (6`h) anniversary of the
death of JonBenet Ramsey, defendant televised a news segment about the
JonBenet Ramsey murder investigation on the Fox News Channel . In the news
segment, defendant's reporter and correspondent, Carol McKinley uttered the
following statements of and concerning plaintiffs :
Detectives say they had good reason to suspect the Ramseys. The
couple and JonBenet's nine-year-old brother, Burke, were the only
known people in the house the night she was killed. JonBenet had
been strangled, bludgeoned and sexually assaulted, most likely from
one of her mother's paintbrushes. The longest ransom note most
experts have ever seen - three pages - was left behind. Whomever
killed her spent a long time in the family home . Yet, there has never
been any evidence to link an intruder to her brutal murder.
Plaintiffs claim that the gist of the statements uttered by Ms. McKinley in
the December 27 Ramsey segment falsely conveyed (a) that Boulder detectives
suspected Burke Ramsey was involved in the murder of his sister ; (b) that Boulder
detectives had good reason to suspect that Burke Ramsey was involved in the
murder of his sister; and (c) that in all probability, one or more members of the
Ramsey family was involved in the murder of JonBenet .
Plaintiffs assert (a) that Burke Ramsey has never been a suspect in the
investigation of the murder of his sister; (b) that John and Patsy Ramsey are no

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longer under investigation as potential suspects in connection with their daughter's

murder; and (c) that substantial evidence gathered by law enforcement officers
links an intruder to the brutal murder of JonBenet Ramsey . Plaintiffs further claim
that Defendant was fully aware of these three facts prior to the broadcast of the
news segment.
Defendant's Description :
Defendant Fox News Channel claims that the news report, viewed in its
entirety, did not defame any of the Plaintiffs . Further, Fox News Channel asserts
that the news report was prepared using due and ordinary care expected of news
media, and is a substantially true report.
(c)

The legal issues to be tried are as follows :

Plaintiffs' Statement of Issues :

(1)

Whether the gist of the televised news segment is false and

defamatory;
(2)

Whether statements published and broadcast by defendant about

plaintiffs were false;

(3)

Whether statements published and broadcast by defendant defamed

plaintiffs ;

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967p5/0035 . 830300 v3

(4)

Whether the false and defamatory statements were negligently

published and broadcast by defendant;

(5)

Whether the false and defamatory statements published and broadcast

by defendant damaged the reputation of plaintiffs, and if so,

(6)

The extent of such damage and the amount of actual damages to be

awarded to plaintiffs ;
(7)

Whether defendant's

broadcast in

question

conduct surrounding the publication

and

constitutes willful misconduct, malice, fraud,

wantonness, oppression or that entire want of care that would raise the
presumption of conscious indifference to consequences and whether the
false and defamatory statements were published by defendant with actual
malice, and
(8)

The amount of punitive damages to be awarded to plaintiffs to punish

and deter defendant.

Defendant's Statement of Issues :
(1)

Whether plaintiffs adequately pled a claim for defamation per se or

defamation per quod;

(2)

Whether the news report is defamatory of one or more of the

plaintiffs ;
-4-N\'- 9640510035 . 830300 12

(3)

Whether one or more of the plaintiffs are public figures ;

(4)

Whether plaintiffs can prove actual malice on the part of the Fox

News Channel ;
(5)

Whether plaintiffs have adequately pled special damages ; and

(6)

Whether the news report on the Fox News Channel was substantially

true .

(d)

The cases listed below (include both style and action number) are :
(1) Pending Related Cases:

None

(2) Previously Adjudicated Related Cases:

Plaintiffs' List of Previously Adjudicated Related Cases:
Hoffman-Push v . Ramsey , (N .D.Ga.) Civ . A. No. 1 :01-CV-0630-TWT
Ramsey v. Thomas , (N.D .Ga.), Civ . A. No . 1 :01-CV-0801 (WBH)
Wolf v. Ramsey (N .D .Ga.), Civ. A. No. 1 :00-CV-1187-JEC
Ramsey v. NYP Holdings, Inc. , (S .D .N.Y.) Civ . A. No. 00 Civ 3478 (VM)
Ramsey v. American Media, Inc., (N .D .Ga.) Civ. A. No. 1-99-CV-3087
Ramsey, v. Globe International, Inc . , (N.D .Ga .) Civ . A. No. 1-00-CV-1164-WBH
Otworth v. Ramsey , (N.D.Ga.), Civ. A. No. 1-00-CV-2023-CAM
Ramsey v . Time Warner Co. Inc. , (S.D.N.Y.) Civ . A. No . 00 Civ . 3477 (VM)
Defendant's List of Previously Adjudicated Related Cases :
-5. ':NY - 964DS/0035 - 830300 v3

None.
2.
This case is complex because it possesses one (1) or more of the features
listed below (please check) :
Plaintiffs' Position :
Plaintiffs submit that this case is not complex. Due to scheduling difficulties,
including the schedules of all counsel, Plaintiffs acknowledge that there may be a
need for the discovery period to be extended for a few months beyond the initial
four-month time period .
Defendant's Position:
This case is complex because it possesses one (1) or more of the features checked
below:

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y
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3.

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

Unusually large number of parties

Unusually large number of claims or defenses
Factual issues are exceptionally complex
Greater than normal volume of evidence
Extended discovery period is needed
Problems locating or preserving evidence
Pending parallel investigations or action by government
Multiple use of experts
Need for discovery outside United States boundaries
Existence of highly technical issues and proof

Counsel :

The following individually-named attorneys are hereby designated as lead

counsel for the parries :

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Plaintiffs :

L. Lin Wood, L. LIN WOOD, P.C .

Defendant : Don Ann Hanswirth, HOGAN & HARTSON L.L .P.

4.

Jurisdiction :
Is there any question regarding this Court's jurisdiction?
Yes

No

If "yes," please attach a statement, not to exceed one (1) page, explaining the
jurisdictional objection . When there are multiple claims, identify and discuss
separately the claim(s) on which the objection is based. Each objection should be
supported by authority.
5.

Parties to This Action :

(a)

The following persons are necessary parties who have not been
joined :
None.

(b)

The following persons are improperly joined as parties :

None .

(c)
The names of the following parties are either inaccurately stated or
necessary portions of their names are omitted:
The parties are accurately stated.
The parties shall have a continuing duty to inform the Court of any
(d)
contentions regarding unnamed parties necessary to this action or any contentions
regarding misjoinder of parties or errors in the statement of a party's name.

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830300 v3

6.

Amendments to the Pleadings :

Amended and supplemental pleadings must be filed in accordance with the

time limitations and other provisions of Fed.R.Civ.P . 15 . Further instructions
regarding amendments are contained in LR 15 .
(a)
List separately any amendments to the pleadings which the parties
anticipate will be necessary:
At this time, the parties do not anticipate filing any amendments to the
pleadings.
Amendments to the pleadings submitted LATER THAN THIRTY
(b)
(30) DAYS after the Joint Preliminary Report and Discovery Plan is filed, or
should have been filed, will not be accepted for filing, unless otherwise permitted
by law .
7.

Filing Times For Motions :

All motions should be filed as soon as possible. The local rules set specific
filing limits for some motions . These times are restated below.
All other motions must be filed WITHIN THIRTY (30) DAYS after the
beginning of discovery, unless the filing party has obtained prior permission of the
court to file later. Local Rule 7.1 A(2) .
(a)
Motions to Compel: before the close of discovery or within the
extension period allowed in some instances. Local Rule 37 .1 .
(b)
Summary Judgment Motions : within twenty (20) days after the close
of discovery, unless otherwise permitted by court order. Local Rule 56 .1 .
(c)
Other Limited Motions : Refer to Local Rules 7.2A, 7 .213, and 7 .2E,
respectively, regarding filing limitations for motions pending on removal,
emergency motions, and motions for reconsideration.
(d) Motions Objecting to Expert Testimony: Daubert motions with regard
to expert testimony no later than the date that the proposed pretrial order is
submitted. Refer to Local rule 7.2F .

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The parties reserve the right to alter any of the above-listed local rules
regarding the time to file motions through a mutually agreed upon stipulation
endorsed by this Court.
Specifically, with regard to the timing for filing a motion for summary
judgment, the parties agree that they will confer in good faith at a future date to
stipulate to a mutually agreed upon date by which either party shall be required to
submit a motion for summary judgment . This date will extend beyond the 20-day
time limit contained in Local Rule 56 .1 .
8.

Initial Disclosures :

The parties are required to serve initial disclosures in accordance with

Fed .R .Civ.P. 26. If any party objects that initial disclosures are not appropriate,
state the party and basis for the party's objection .
No objections.
9.

Request for Scheduling Conference :

Does any party request a scheduling conference with the Court? If so, please
state the issues which could be addressed and the position of each party .
No party presently requests a scheduling conference with the Court.
10.

Discovery Period :

The discovery period commences thirty (30) days after the appearance of the
first defendant by answer to the complaint. As stated in LR 26.2A, responses to
initiated discovery must be completed before expiration of the assigned discovery
period.
Cases in this Court are assigned to one of the following three (3) discovery
tracks : (a) zero (0)-months discovery period, (b) four (4)-months discovery period,
and (c) eight (8)-months discovery period . A chart showing the assignment of
cases to a discovery track by filing category is contained in Appendix F. The track

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to which a particular case is assigned is also stamped on the complaint and service
copies of the complaint at the time of filing .
Please state below the subjects on which discovery may be needed :
Plaintiffs' Position :
Evidence linking an intruder to JonBenet Ramsey's death .
"

Information pertaining to the circumstances of JonBenet Ramsey's

death and of the investigation into her death .

The

reporting

(including

investigation),

drafting,

editing

and

telecasting process relating to the news segment at issue .

"

Carol McKinley's knowledge of the investigation into JonBenet

Ramsey's death .
"

Defendant's reporting on JonBenet Ramsey's death .

Plaintiffs' damages, including discovery related to determining

defendant's financial condition.

Defendants' Position :
The investigation into the death of JonBenet Ramsey, including but
not limited to the investigation conducted by law enforcement personnel, district
attorney personnel, Colorado Bureau of Investigation personnel, Federal Bureau of
Investigation personnel, and private investigators hired by the Plaintiffs . This
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information includes but is not limited to leads pursued, evidence collected and
analyzed, and suspects that have been interrogated .
"

Any evidence linking an intruder to JonBenet Ramsey's death .

"

Information

pertaining

to

Plaintiffs'

knowledge

about

the

circumstances of JonBenet Ramsey's death and of the investigation into her death.
"

Expert discovery on a range of topics including forensics, DNA,

handwriting and profiling.

"

The reporting, drafting, editing and telecasting process relating to the

complained-of news report aired on the Fox News Channel .

"

Plaintiffs' alleged damages.

If the parties anticipate that additional time beyond that allowed by the
assigned discovery track will be needed to complete discovery or that discovery
should be conducted in phases or be limited to or focused upon particular issues,
please state those reasons in detail below:
Plaintiffs' Position:
Due to scheduling difficulties, including the schedules of all counsel,
Plaintiffs acknowledge that there may be a need for the discovery period to be
extended for a few months beyond the initial four-month time period.
Defendant's Position :
Additional time will be needed to complete discovery due to the large
-11M'4670510035 .830300 0

number of deponents and the significant number of relevant documents.

11 .

Discovery Limitation :

What changes should be made in the limitations on discovery imposed under

the Federal Rules of Civil Procedure or Local Rules of this Court, and what other
limitations should be imposed.
For the reasons set forth in paragraph 10 above, the parties believe that an
extension of discovery will be necessary.
12.

Other Orders :

What other orders do the parties think that the Court should enter under Rule
26(c) or under Rule 16(b) and (c)?
Plaintiffs' Position :
Plaintiffs

intend

to request an umbrella protective

order governing

confidential information. Prior to the commencement of discovery, plaintiffs will

submit to defendant a proposal for the terms of such a protective order in an effort
to obtain consent to its entry without the necessity of filing a motion .
Defendant's Position :
The Fox News Network awaits receipt of a proposed protective order and
will set forth its position on this subject at that time .
13.

Settlement Potential:

(a)
Lead counsel for the parties certify by their signatures below that they
conducted a Rule 26(f) conference that was held on May 11 , 2004, and that they
participated in settlement discussions. Other persons who participated in the
settlement discussions are listed according to party.
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For Plaintiffs : Lead counsel (signature): L . Lin Wood

Other participants :

None

For Defendant : Lead counsel (signature) : Dori Ann Hanswirth

Other participants :

Dianne Brandi, Judson Graves and Jason P. Conti

All parties were promptly informed of all offers of settlement and

(b)
following discussion by all counsel, it appears that there is now :
(
(
(

)
)
)

%I )

A possibility of settlement before discovery .

A possibility of settlement after discovery.
A possibility of settlement, but a conference with the judge is
needed.
No possibility of settlement.

(c)
Counsel (-) do or (~) do not intend to hold additional settlement
conferences among themselves prior to the close of discovery. The proposed date
of the next settlement conference is Not scheduled.
The following specific problems have created a hindrance to
(d)
settlement of this case.
The parties disagree on liability and damage issues .
14.

Trial by Magistrate Judge :

Note: Trial before a Magistrate Judge will be by jury trial if a party is

otherwise entitled to a jury trial.
The parties (-) do consent to having this case tried before a
(a)
Magistrate Judge of this Court. A completed Consent to Jurisdiction by a United
States Magistrate Judge form has been submitted to the Clerk of Court this
, 20
day of

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(b)
The parties ( `! ) do not consent to having this case tried before a
Magistrate Judge of this Court.
15.

Proposed Scheduling Order:

The parties have not attached a separate scheduling order for the Court's

signature because the parties have agreed that they cannot make a determination as
to the appropriate completion dates for various deadlines until the Court rules on
two outstanding motions . The parties have fully briefed a motion to transfer venue
to the District of Colorado that is currently pending before this Court. In addition,
the parties are in the process of completing the briefing for a motion to dismiss the
complaint filed by the Fox News Channel on April 28, 2004. When the Court has
decided these motions, the parties will be better able to determine the filing
deadlines required in a proposed scheduling order and will submit such a proposed
order for the Court's consideration at that time.

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Submitted this

28th

L. LIN WOOD, P.C.

AN)

L. Lin Wood
Georgia Bar No . 774588
Katherine M. Ventulett
Georgia Bar No. 727027
The Equitable Building
Suite 2140
100 Peachtree Street
Atlanta, Georgia 30303
Telephone : 404-522-1713
Telecopier : 404-522-1716
Counsel for Plaintiffs

day of May, 2004.

HOGAN & HARTSON

AEA74~~'I~E

Dori Ann Hanswirth

Jason P. Conti
875 Third Avenue
New York, New York 10022
Telephone : 212-918-3000
Telecopier : 212-918-3100

Judson Graves
Georgia Bar No . 305700
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone : 404-881-7000
Telecopier : 404-881-7777
Counsel for Defendant

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1N THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JOHN RAMSEY, PATSY RAMSEY and
BLIRKE RAMSEY, a minor, by his
next friends and natural parents,
JOHN RAMSEY and PATSY RAMSEY,
Plaintiffs,

CASE NO. : 1 03 CV-3976 (TWT)

vs.

FOX NEWS NETWORK, L .L .C ., d/b/a

Fox News Channel,
Defendant.
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a true and correct copy of the
within and foregoing JOINT PRELIMINARY REPORT AND DISCOVERY
PLAN by depositing same in the United States Mail in an envelope with adequate
postage affixed thereon, properly addressed as follows :
Dori Ann Hanswirth
HOGAN & HARTSON L.L.P .
875 Third Avenue
New York, New York 10022

This ,'ld

day of May, 2004.

t

N)

L. Lin Wood
Georgia Bar No. 774588

' . .NY -9640510035

830300v3