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Motion for Summary Judgment

 

 

Paul F. Eckstein (#001822)

Daniel C. Barr (#010149)

Ann Hobart (#019129)

Brown & Bain, P.A.

2901 North Central Avenue

Post Office Box 400

Phoenix, Arizona 85001-0400

(602) 351-8000

 

Attorneys for Defendant

Rick Ross

 

 

Arizona superior Court

Maricopa County

 

 

THE CHURCH OF IMMORTAL CONSCIOUSNESS, a non-profit corporation, on its own behalf and on behalf of its congregation; STEVEN MICHAEL KAMP, TRINA LAN KAMP, husband and wife, and in their capacities as ministers of the Church,

Plaintiffs,

v.

RICK ROSS and JANE DOE ROSS; SCRIPPS-HOWARD BROADCASTING CO., a foreign corporation, d/b/a KNXV Television; TONY KOVALESKI and JANE DOE KOVALESKI, husband and wife; JOHN DOES; JANE DOES; BLACK AND WHITE CORPORATIONS; AND PARTNERSHIPS,

Defendants.

No. CV 95-18824

RicK Ross' Motion for Summary Judgment

(Oral Argument Requested)

(Assigned to the Hon. Jeffrey S. Cates)

 

MOTION

Defendant Rick Ross moves for summary judgment pursuant to Ariz. R. Civ. P. 56 because no genuine issue of material fact exists regarding plaintiffs' complaint against him. He is entitled to summary judgment as a matter of law and dismissal of the complaint with prejudice. It is the policy of this state that "[i]n defamation cases, because of the constitutional privilege of free speech which must be overcome, summary judgment is the rule rather than the exception." Khalifa v. Muslim Students' Ass'n, 131 Ariz. 328, 329, 641 P.2d 242, 243 (Ct. App. 1981); see also Scottsdale Publ'g, Inc. v. Superior Court, 159 Ariz. 72, 74, 764 P.2d 1131, 1133 (Ct. App. 1988) (reviewing trial court's denial of summary judgment by special action to further "the public's significant first amendment interest in protecting the press from the chill of meritless libel actions"). Ross also moves for the award of his reasonable attorneys' fees and costs. This motion is supported by the attached Memorandum of Points and Authorities, Statement of Undisputed Facts and the Affidavits of Rick Ross ("Ross Aff.") and Daniel C. Barr ("Barr Aff.").

 

Dated: July 8, 2000.

Brown & Bain, P.A.

 

 

By

Paul F. Eckstein

Daniel C. Barr

Ann Hobart

2901 North Central Avenue

Post Office Box 400

Phoenix, Arizona 85001-0400

Attorneys for Defendant

 

17022_1

 

Copy of the foregoing hand-delivered

on July 8, 2000, to:

 

Honorable Jeffrey S. Cates

Maricopa County Superior Court Judge

201 West Jefferson

Phoenix, Arizona 85003

 

Michael Harper

Walker & Harper LLP

17100 E. Shea Boulevard, Suite 250

Fountain Hills, Arizona 85268

 

David J. Bodney

Sandra K. Sanders

Steptoe & Johnson LLP

40 North Central Avenue, 24th Fl.

Phoenix, Arizona 85004


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