NOTICE OF HEARING

EGORY R. AYMOND

9 0 6 6 9U S N O .

HOOPER

ED HOOPER AT HIS HOME:270 HOOPER ROADDEVILITE, LA 71328

CE IS HEREBV GIVEN, ThAI

signed for HEiARING on FRIDAY,

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CITY COURT OF PINEVI]-,LE

PARISH OF RAPIDES

STATE OF I-,OUISIANA

the above entitLed case has been

F E B R U A R Y 1 9 , 2 0 1 0 , 4 t 9 : 0 0 o r c l o c k

furnish us with names andadvance of t .he hearing date.

serv ice and wi tness fees when

of Court for the CitY Court of

Should you need wi tnesses, P leaseaddresses at least ten ( l -0) days in

We require advance deposit to coverrequest for subPoena is made.

This service was issued by the C1erkPINEVILLE on December 21, 2009.

CLERK OF COURT

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GREGORY R. AYMOND

VERSUS

ED HOOPER

CIVIL SUIT NUMBER 9-0669

PINEVILLE CITY COURT

PARISH OF R,APIDES

STATE OF LOUISIANA

RULE TO DEEM FACTS ADI\IIITTED

the full age of majority and a resident

respect represents:

The motion of GREGORY R. AYMOND, of

and domiciliary of Rapides Parish, Louisiana, with

1 .

Mover is the plaintiff in the captioned suit brought against ED HOOPER.

2 .

That GREGORY R. AYMOND propounded to ED HOOPER, by lnterrogatories and

Request for Admission attached to the citation and petition, which were personally served

upon ED HOOPER on November 12, 2009, a copy of which is attached hereto in

accordance with Articles 1466, 1467 and 1468 of the Louisiana Code of Civil P'rocedure.

3 .

No denial nor any response at all has been made to said Request for Admission,

and the time for responding has elapsed, your mover moves the Court to enter Judgment

recognizing that the said facts are deemed admitted, and for reasonable costs, attorney

fees and expenses for bringing this Rule, all according to law.

4.

Your mover desires a rule to show cause issue in the above captioned matter,

directed to defendant to show cause on a date and time fixed by this Court why the Court

should not render judgment decreeing that the plaintiff 's [RequestforAdmissions, Numbers

1 and 2, be admitted, and why defendant should not pay to plaintiff all costs and

reasonable attorney fees for bringing this Rule.

WHEREFORE YOUR PETITIONER PRAYS:

1 . That a rule to show cause issue in the above captioned matterdirected to ED HOOPER, to show cause on a date and timeset by this Court why the Court should not render judgmentdecreeing that the plaintiff 's Req uest for Admissions, N umbers1 and 2, be admitted, and why defendant should not pay toplaintiff all costs and reasonable attorney fees for bringing thisRule; and

For all necessary orders and decrees.

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By his attorney,

SUSAN FORD FISERLouisiana Bar Roll #22,366Post Office Box 12424Alexand ria, LA 7 1 31 5-2424Phone: (318) 442-8899

ATTORNEY FOR GREGORY R. AYIUIOND

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CIVIL SUIT NUMBER 9'0669

GREGORY R. AYMOND

VERSUS

ED HOOPER

PINEVILLE CIT\T COURT

PARISH OF RAPIDES

STATE OF LOUISIANA

MEMORANDUM IN SUPPORT OF RULE TO DEEM FACTS ADMITTED

MAY IT PLEASE THE COURT:

The Facts

This matter, which is not yet set for trial comes before the Court on a petition for

damages fi led by the plaintiff against ED HOOPER for defamatory comments made on his

blog about your plaintiff.

The Law and Argument

The plaintiff propounded Request for Admissions Number 1 and 2 to the defendant,

which were personally served to the defendant along 'uuith a petit ion on November 12,

2009. Over thirty days later, no response to the Request for Admissions has ever been

received by the undersigned.

La. C.C.P. arL 1467, states in pertinent part that:

The matter is admitted unless, wiihin fifteen days after service of therequest, or within such shorter or lonEer time as the court may allow, theparty to whom the request is directed serves upc'n the party requesting theadmission a written answer or objection addressed to the matter, signed bythe party or by his attorney, but, unless the court shortens the time, adefendant shall not be required to serve answers or objections before theexpiration of thirty days after service of the petition upon him. (Emphasissuppl ied.)

La. C.C.P. art. 1468, states that, "Any matter admitted under this rule is

conclusively establ ished..." (Emphasis suppl ied.)

The Courts have considered this exact issue before. Admissions may Lre used to

establish uncontradicted facts or controversial issues which constitute the cnux of the

matter in lit igation. Jones v. Gillen,504 So9.2d 575 (La. App. 5 Cir. 1987), writ denied 508

So.2d 86 (La. 1987). Succession of Rock v. Allstate Life lns. Co.,34A So.2d 132S ga.

1976); Remondet v. Reserue Naf. /ns. co.,433 so.2d 7g2 (La. App. s cir. 1gB3),&it

denied 441 So.2d 2'16 (La, 1983). When the party receiving the request for admissffis

fails to respond to the request by any means, as in the instant case, the fact is OeerffiO:D

admitted. Successio n of Rock, supra; Remondet, supra. ,:La. C.C.P. arts. 1467 and '1469 allowfor an awar<l of reasonable attorney te"rffi,O

{costs of court in this situation, whether or not the facts are deemed admitted by the Court.

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y to plaintiff all costs of bringing this motion as well as reasonable attorney fees.

Conclusion

It is respectfully submitted that this Court should render judgment deeming the

laintiff's Request for Admissions admitted, and that the defendant should be ordered to

Respectfully submitted,

SUSAN FORD FISERPost Office Box 12424Alexandria, LA 71 315-2424(318) 442-88eeLa. Bar Roll Number 22,366

ATTORNEY FOR GREGORY R. AYMOND

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INTERROGATORIES AND REQUESTFOR PRODUCTION

TO: Mr. Ed Hooperthrough the curator appointed to represent him:

These Interrogatories and Requests for Production are propounded by GREGORY

R. AYMOND tc ED HOOPER to be answered in writ inE and under oath in chronological

order within thirty (30) days of service hereof, in accordance with the Louisiarra Code of

Civil Procedure, and these Interrogatories and Requests for Production are to be deemed

continuing and shall be answered without the necessity of propounding additional

Interrogatories and Requests for Production, up to and including the day of trial.

INTERROGATORY NUMBER 1 :

Are you the writer of the blog known as "We Saw That"?

ANSWER TO INTERROGATORY NUMBER 1:

CIVIK SUIT NUMBER

GREGORY R. AYMOND

VERSUS

ED HOOPER

INTERROGAT ORY NUMBER 2:

How many people read your blog on a monthly basis?

ANSWER TO INTERROGATORY NUMBER 2:

INTERROGATORY NUMBER 3:

Please list and describe and describe the last twelve months allhave received from advertisements on your blog and/or website.

ANSWER TO INTERROGATORY NUMBER 3:

PINEVILI-E CITY COURT

PARISH OF RAPIDES

STATE OF LOUISIANA

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INTERROGATORY NUMBER 4:

Please state what facts you relied upon when you published on March 27, 2OOg Ihefollowing, and also please state each fact and circumstance upon which you relied on,stating "members of his criminal network" and in connection therewith please list the naffie,address and telephone number of each person who can testify with regard to the veracityto same.

"l-rowev€l, can anyone really believe Mr. Aymond when he isa known liar?"

"Lately, Mr. Aymond has been using his blog to promote anddefend members of his criminal network."

ANSWER TO INTERROGATORY NUMBER 4:

INTERROGATORY NUMBER 5:

Please list and set forth a detailed description of each and every exhibit which you intendto uti l ize as demonstrative evidence during the trial on fault in this matter.

INTERROGATORY NUMBER 6 :

Please state each fact and circumstance upon which you relied on, stating "our experiencewith greg aymond has taught us that he is nothing but a l iar and a user. mr. greg aymondhas no sense of loyalty, honor or integrity. he i i not a man of his word and Cannot betrusted. mr. aymond's scam is to use people; then when he has gotten what he wantscasts them aside and crit icizes them. greg aymond is one big phony." and in connectiontherewith, please list the name, address and telephone number of each person who cantestify with regard to veracity to same.

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Please state each fact and circumstance upon which you relied on when on AprTP2. d6Og.you posted that attorney Greg Aymond "is unethical" and in connection therelnffi please

l':111".:::?l,i1t::1and telephone number of each person who can testify urggr regard

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INTERROGATORY NUMBER 8:

Please state each fact and circumstance upon which you relied on, when you said Mr.Aymond had a "growing desperation and pressure" and in connection therewith please listthe name, address and telephone number of each person who can testify with regard tothe veracity to same.

ANSWER TO TNTERR9GATORY N_UMBER 8:

INTERROGATORY NUMBER 9:

Please state each fact and circumstance upon which you relied on, when you said, "inreality mr. aymond and his criminal friends simply want to be in control of the informationso that they can trick you into thinking that the criminals that he suppotls are honest andthe cr,iminals in lhe rival crime gangs that he dogs out are not." and in connection therewithplease list the name, address and telephone number of each person who can testify withregard to the veracity to same.

ANSWER TO INTERROGATORY NUMBER 9:

INTERROGATORY NUMBER 1 O:

Please state each fact and circumstance upon which you relied on, when you said "wehave greg aymond sitt ing on a shitter in Alexandria, Louisiana; thinking up waVS of how togyp someone, whilst jacking his dick." and in connection therewith please list the name,address and telephone number of each person who can testify with regard to the veracityto same.

ANSWER TO INTERROGATORY NUMBER 1O:

INTERROGATORY NUMBER 1 1 :

Please state whether or not Mr. Aymond forwarded to you some e-mailsMr. Richard Barrett.

ANSWER TO INTERROGATORY NUMBER 11 :

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TNTERFOGATORY NUMBER 1 2:

Please state each fact and circumstance upon which you relied on or about May 20, 2009when you posted on your blog that Greg Aymond was a "mentally defective local attorney"and in connecticn therewith please list the name, address and telephone number of eachperson who can testify with regard to the veracity to same.

ANSWER TO INTERROGATORY NUMBER 12:

REQUEST FOR ADMISSION NUMBER 1:

Please admit or deny that your blog is published in Ward 1'1 of Rapides Parish.

RESPONSE TO REQUEST FOR ADMISSION NUMBER 1:

REQUEST FOR ADM|_SS|ON NUMBER 2:

Please admit ci deny that your blog is read in various parts of the State of Louisianaincluding Alexandria, Pinevil le and other parts of Rapides parish.

Respectfu lly subm itted,

FORD FISERBr 4 1 A ) A EP.O. Box 12424 G

Alexandria LA T 1tt S-82+?(318) 442-88ss : :La Bar Rol l Number Z#OO.

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CIVIL SUIT NUMBER 9.0669

REGORY R. AYMOND PINEVILLE CITY COURT

PAR.ISH OF RAPIDES

STATE OF LOUISIANA

SUS

ED HOOPER

O R D E R

Considering the above and foregoing,

IT IS ORDERED THAT:

A Rule to Show Cause issue in the above captioned matter as prayed for directed

to ED HooPER, to show cause on ftre \c\{-h day of 5 *-t"^"= ,20 lo,q.d:

atei€4. o'clock ?.ffi., whythe Courtshould not render judgment decreeing thatthe plaintiffs

Request for Admissions, Numbers 1 and 2, be admitted, and why defendant should not

pay to plaintiff all costs and reasonable attorney fees for bringing this Rule.

THUS DONE AND SIGNED in Pinevi l le, Louis iana, on this the " J l day of

D-so .{-*- ,20-l}3

PLEASE SERVE:

ED HOOPER at his home:270 Hooper RoadDeville. L471328

HONORABLE PHILLIP TERRELLPINEVILLE CITY COURT JUDGE

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December 29th, 2009Parish, Louisiana

the above date at ti^./ZitA fl4 Ed Hooper personally went to the Pineville city

rt, 904 Main Street, pile;iEFGiana-_o inspect theoriginal of

at is represented to him to be the'NorIcE oF HEARING" th9 copy of which was personally served on

;ilp;itt; pineville iitv muonal on Mondav December 28th

.Thepurported'NoTIcEoFHEARING,,isregardings$pll.ofapetit ionsty|edGregoryR.Aymondrs Ed Hooper bearing ine pinevitte City Court Civil Suit Number

the original "NoTICE oF HEARING" Ed Hooper observed that the oRDER circle one:

qned bi Judge PhilliP Terrell'

* ,Jlor-runted the clerk of court with the citation and petition that he was personally served with

by a pineville CiW pfarshlton november !2,2009 and asked the _---1rDy a r fngvl l le v lLy l ' rsrJrrerr v"

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Clerk to point out Judge Terrell's signature' The Judge's signature circle one: * Siyound

on

the Citation or in the PeUtion'

The name of the cterk of court that Ed Hooper spoke to on that date and time is: ,:f::7

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Upon

Ed HooPer

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