An Internet cartoonist lampoons another site in a hyperbolic rant, using the word "thief" to describe a site profiting off of his creations while the site looks the other way. I can't imagine a court would that defamatory, and many courts have ruled as a matter of law that similar statements were not defamatory in less-sympathetic contexts.
FunnyJunk's threat was an attempt to get a quick settlement at nuisance value. Nothing more.
Charles Carreon lost much of his motion today. He gets 60 days to file a response (not the 120 he sought) and won't get discovery The discovery Carreon wanted was (in my opinion) a thinly-veiled attempt to harass both the satirical blogger and his counsel (he wanted to depose the blogger to ask him questions about how little his blog mattered to the world, and subpoena his lawyer for information regarding his firm) and drive up the costs of litigation.
Key quote from the judge: "The Ninth Circuit discourages major litigation with respect to attorneys’ fees. [...] Defendant’s request for extensive discovery would amount to a mini-trial on plaintiff’s motion for attorneys’ fees. Such extensive discovery is unnecessary and a waste of resources. Accordingly, defendant’s request for a 120 day extension is denied."
I emailed Chance Trahan and Craig Brittain to offer to correct any statement on my blog that they could point out was inaccurate (and note that I wasn't going to be cowed by legal threats dispatched from a void of legal understanding).
Righthaven may be correct about the limitations of Rule 12(f) and can't really be faulted for pointing out that the judge is wrong. Lawyers have to tell judges that they disagree with them all the time so that they can preserve issues for appeal.
But THIS is just a jaw-dropping, unnecessary insult that, were it contained in a 'pleading' is just BEGGING for a motion to strike:
"[...] Righthaven was unaware of the Defendant's alleged medical condition prior to filing suit. In fact, Defendant's incessant use of the Internet as a means to post inflammatory statements about Righthaven and about these legal proceedings say more about his cognitive ability than one would otherwise surmise from the press statements made by his counsel."