Date: 08-11-2014

Case Style: Nick Reynolds, et al. v. North Star Memorial Group, et al.

Case Number: CJ-2010-4604

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: James P. McCann

Defendant's Attorney: S. Douglas Dodd and Amanda L. Thrash for Gannaway Web Holdings, LLC, et al.

Harry A. Parrish for Mark Blankenship, et al.

Description: Nick Reynolds, et al. v. North Star Memorial Group, et al.

Issue # 1.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: REYNOLDS, NICK
Filed Date: 07/26/2010
Party Name: Disposition Information:

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD NOW
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GANNAWAY WEB HOLDINGS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: NORTH STAR CEMETERY SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR FUNERAL SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR MEMORIAL GROUP
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 01/08/2013. Dismissed- Settled.

Defendant: BLANKENSHIP, MARK
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: FLORAL HAVEN FUNERAL HOME INC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Issue # 2.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: NICK REYNOLDS INC
Filed Date: 07/27/2010
Party Name: Disposition Information:

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GANNAWAY WEB HOLDINGS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD NOW
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: NORTH STAR CEMETERY SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR FUNERAL SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR MEMORIAL GROUP
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 01/08/2013. Dismissed- Settled.

Defendant: BLANKENSHIP, MARK
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: FLORAL HAVEN FUNERAL HOME INC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: GANNAWAY WEB HOLDINGS LLC
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Issue # 3.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: NICK REYNOLDS FUNERAL SERAVICES INC
Filed Date: 07/27/2010
Party Name: Disposition Information:

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GANNAWAY WEB HOLDINGS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD NOW
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: NORTH STAR CEMETERY SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR FUNERAL SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR MEMORIAL GROUP
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 01/08/2013. Dismissed- Settled.

Defendant: BLANKENSHIP, MARK
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: FLORAL HAVEN FUNERAL HOME INC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Issue # 4.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: REYNOLDS FUNERAL SERVICE INC
Filed Date: 07/27/2010
Party Name: Disposition Information:

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: NORTH STAR CEMETERY SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR FUNERAL SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR MEMORIAL GROUP
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: GANNAWAY WEB HOLDINGS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD NOW
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 11/10/2011. Dismissed- Settled.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 01/08/2013. Dismissed- Settled.

Defendant: BLANKENSHIP, MARK
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: FLORAL HAVEN FUNERAL HOME INC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Issue # 5.
Issue: CIVIL CONSPIRACY (OTHER)
Filed by: ROSE HILL FUNERAL HOME LLC
Filed Date: 07/27/2010
Party Name: Disposition Information:

Defendant: NORTH STAR CEMETERY SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR FUNERAL SERVICES OF OKLAHOMA LLC
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: NORTH STAR MEMORIAL GROUP
Disposed: BANKRUPTCY FILED, 12/21/2011. Dismissed- Transferred to Another Jurisdiction.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: Griffin New Media
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: WORLD NOW
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: WORLD PUBLISHING COMPANY
Disposed: DISMISSED - WITH PREJUDICE, 01/08/2013. Dismissed- Settled.

Defendant: ALLBRITTON COMMUNICATIONS COMPANY
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: BLANKENSHIP, MARK
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: FLORAL HAVEN FUNERAL HOME INC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: GANNAWAY WEB HOLDINGS LLC
Disposed: DISMISSED WITHOUT PREJUDICE, 05/28/2013. Judge.

Defendant: GRIFFIN COMMUNICATIONS LLC
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

Defendant: Griffin New Media
Disposed: DISMISSED - WITH PREJUDICE, 08/11/2014. Dismissed- Settled.

This case presents a situation not usually seen in defamation cases, but one which demands that the Griffin media Defendants be granted summary judgment. The original individual Plaintiff in the now dismissed case (CJ-20 10-4604) and the owner of the business Plaintiffs in that same case (which business Plaintiffs are now the bankrupt Reynolds Entities and Plaintiffs in this case) states under oath that there was nothing false or defamatory in any of the news stories broadcast by Griffin (KOTV) regarding him or his business entities. In light of the sworn testimony of Nick Reynolds, the instant Plaintiffs can no longer make a prima facie case of libel against the Griffin Defendants, and the Court should enter judgment for Griffin. In addition to the admitted truth and non-defamatory content of Griffins’ subject news stories, Griffin is also entitled to summary judgment based on the privileged nature of its news stories, the absence of any evidence for the Plaintiffs of fault on Griffins’ part, and the failure of Plaintiffs to allege or demonstrate special damages proximately caused by the subject news stories.
The testimony of original Plaintiff Nick Reynolds, which constitutes admissions by the business entities he owned before their bankruptcy and when they were co-plaintiffs in the now dismissed original lawsuit, leaves nothing for this Court to do but grant summary judgment as requested by Griffin herein.
On July 27, 2009, KOTV reporter Lori Fullbright received complaints from a viewer about an odor inside a mausoleum at Floral Haven cemetery. She investigated and reported on that story on July 27, 28, 29, 30, 31 and August 5 and 6, 2009. On July 26, 2010, Nick Reynolds and his funeral businesses filed suit against the owners and manager of Floral Haven cemetery and against Griffin Communications, LLC, Griffin New Media (KOTV), and three other media defendants which published news stories regarding the mausoleum odor (World Publishing Company, d/b!a Tulsa World, Gannaway Web Holdings, LLC, d/b/a WoridNow, and Alibritton Communications Company, d/b/a KTUL). That lawsuit (CJ-2010-4606) has now been settled by the Floral Haven Defendants and dismissed as to the media defendants. On October 24, 2011, two of the Reynolds business entities filed for Chapter 11 bankruptcy protection, and on November 9, 2012, the instant case (CJ-2012-591 1) was filed against only Griffin and the Tulsa World. The Tulsa World settled with the bankrupt business plaintiffs, and Griffin remained to fight the case. Now, the deposition testimony of former plaintiff and owner of the bankrupt funeral services Nick Reynolds, provides the admissions that warrant summary judgment in Griffin’s favor.
UNDISPUTED FACTS
July 27, 2009 Story
1. Reporter Lori Fullbright received a phone call from Steven Copeland complaining about an odor coming from a mausoleum at the Floral Haven cemetery where his child is interred. Mr. Copeland was upset that he could not visit his child and was concerned about a potential health hazard. See Fullbright Deposition at 17:14-18:5, Ex. A.
2. The Griffin news team decided to do a story on the odor complaint on July 27,
2009, and the story was assigned to Lori Fullbright to investigate for the 6:00 p.m. newscast. See Fullbright Deposition at 19:14-18, Ex. A.
3. In her investigation of the story, Ms. Fullbright met Mr. Copeland at the cemetery to interview him and smell the odor for herself. See Fullbright Deposition at 20:6- 21:4, Ex. A.
While at the cemetery, she also interviewed the general manager of Floral Haven, Mark Blankenship. Id.
4. During the interview, Mr. Blankenship said he was working toward fixing the odor and intended to send the body he thought was causing the odor back to the Reynolds funeral home for further work on it. See Fullbright Deposition at 22:4-23:24, Ex. A.
5. The story aired on the 6:00 p.m. newscast on Monday, July 27, 2009. The only mention of the Reynolds Entities during the story was as follows: “Floral Haven says its fairly rare for this to happen, but, not unheard of and once they get the permit, they’ll remove the casket and send it back to Reynolds funeral home.” See July 27, 2009 Broadcast Transcript, Ex.
D.
6. A shorter version of the story also aired on the 9:00 p.m. newscast on Monday,
July 27, 2009 on KQCW. During the 9:00 p.m. broadcast, there was no mention of Nick
Reynolds or any of the Reynolds Entities. See July 27, 2009 Second Broadcast Transcript, Ex.
E.
7. Griffin also placed a version of the story on its Website, www.newson6.com. The July 27, 2009 story on the website was posted July 27, 2009 at 5:39 p.m. and updated July 28, 2009 at 3:29 p.m. The story stated the following about the Reynolds Entities:
Floral Haven says it’s fairly rare for this to happen, but not unheard of. And, Floral Haven General Manager Mark Blankenship told The News On 6 they believe the odor was from a body prepared by Reynolds Funeral Home. Blankenship stated that once they obtained a permit, the casket would be removed and sent back to Reynolds Funeral Home.
Around 9 p.m. on Monday night, attorneys for Reynolds Funeral Home contacted
The News On 6. They said after an investigation in to the cause of the smell, it
was determined that the odor was not the result of a body prepared by Reynolds
Funeral Home.
See July 27, 2009 Web story, updated July 28, 2009, Ex. F.
8. Reporter Fullbright investigated the foul odor at Floral Haven and intended to do a follow up story with the Reynolds Entities for the next day. See Fulibright Deposition 32:2-23, Ex. A.
9. At 4:00 p.m. on the afternoon of Monday, July 27, 2009, Floral Haven disinterred the body that was believed to be the source of the odor at the mausoleum and sent the body to the Reynolds Entities. Nick Reynolds was present during the process. See Reynolds Deposition at
35:3-37:10, Ex. B.
10. That evening, Nick Reynolds and his attorney came to KOTV to discuss the story with the reporter. Lori Fullbright offered to add his comments to the 10:00 p.m. broadcast or do a story focused on Reynolds’ position the next day, and Mr. Reynolds elected to proceed with a separate story the next day. See Fullbright Deposition at 34:2-36:13; 35:14-36:13, Ex. A. Reporter Fullbright observed that Mr. Reynolds was very friendly and was not angry at the time ofhis visit. Id. at 34:19-23; 35:14-36:13, Ex. A.
11. Mr. Reynolds said he left the meeting with his attorney and Lori Fullbright “with a sense of a feeling — feeling that — that I was going to be able to speak my side. And I believed that that happened I think the next day.” See Reynolds Deposition at 5 1:21-52:7, Ex. B.
12. Reynolds reviewed the script of the newscast that aired at 6:00 p.m. on July 27,
2009, and he did not think “anything that Lori said is — was defaming me.” See Reynolds Deposition at 46:23-48:19, Ex. B.
July 28, 2009 Stories
13. On July, 28, 2009, Griffin did a follow up story on the odor at the Floral Haven mausoleum. The story aired on the 6:00 p.m. newscast and focused on Nick Reynolds and his funeral service’s positions regarding the mausoleum odor story. See July 28, 2009 Transcript, Ex. G.
14. Griffin posted a version of the July 28, 2009 broadcast as a story on its website. The original story was posted July 28, 2009 at 4:59 p.m. and updated July 29, 2009 at 10:26 a.m. See July 28, 2009 Web story, updated on July 29, 2009, Ex. H.
15. The July 28, 2009 story on Griffin’s website contained the following report about the Reynolds Entities:
On Monday, Floral Haven told The News On 6 that the smell was most likely coming from a body placed there about a month ago that had been prepared by Reynolds Funeral Home. However, owner Nick Reynolds says that is not the case and he can prove it.
Floral Haven told The News On 6 they got the family’s permission and a state signed disinterment permit to remove the body they thought was causing the odor. Funeral Director Nick Reynolds was there when the casket was opened and says it was instantly clear — that body was not the source of the terrible smell.
“I went upon on the lift, helped pull the casket out of the crypt, lowered it back down and the first comment that was made, was, we’ve disinterred the wrong body,” said Nick Reynolds.
Reynolds says it was obvious immediately, the body he’d prepared, that was removed, was not the source of the odor. He says he takes great pride in being one of the few funeral homes in Tulsa that does its own embalming.
He says he even helped Floral Haven troubleshoot, getting on the roof of their mausoleum to help them pinpoint the source of the smell.
“Was able to help them isolate down to, instead of a guessing game of a whole wing, they now have it down to a certain area,” said Nick Reynolds with Reynolds Funeral Home.
Reynolds says he didn’t stop there. He hired former Tulsa County Chief Medical Examiner, Dr. Ronald DiStefano, a pathologist with 30 years experience, to examine the body that had been removed.
“There was no, absolutely, no issues, no decomposition smell. He was able to stand there with no problems and as you know from yesterday, it would be almost unbearable,” said Nick Reynolds.
Reynolds told The News On 6 there’s no way for Floral Haven to know which funeral home prepared the body until they know for certain, which body is causing the smell.
The News On 6 contacted Floral Haven after talking to Nick Reynolds, but they didn’t want to make any further comment, other than to say they are working on the problem. See July 28, 2009 Web story, updated on July 29, 2009, Ex. H.
16. Reynolds reviewed the script of the newscast that aired at 6:00 p.m. on July 28,
2009, and said he saw “nothing in here that’s — that is derogatory towards me or any of my entities in any way, shape or form.” See Reynolds Deposition at 54:15-64:16, Ex. B.
July 29, 2009 Stories
17. On July 29, 2009 during the 6:00 p.m. broadcast, Griffin aired another story related to the odor at the Floral Haven mausoleum to discuss an earlier lawsuit filed by Steve and Tracy Copeland against Floral Haven. See July 29, 2009 Transcript, Ex. I.
18. The July 29, 2009 newscast made no mention of Nick Reynolds or any of the Reynolds Entities. See July 29, 2009 Transcript, Ex. I.
19. Reynolds reviewed the script of the broadcast that aired at 6:00 p.m. on July 29,
2009, and he agreed that the story makes no mention of him personally or the Reynolds Entities. See Reynolds Deposition at 64:17-66:18, Ex. B.
20. Griffin placed a version of the July 29, 2009 broadcast on its website at 4:52 p.m. on July 29, 2009, which was updated on July 30, 2009 at 3:41 p.m. The web story made no mention of Nick Reynolds or any of the Reynolds Entities. See July 29, 2009 Web story, updated July 30, 2009, Ex. J.
July 30, 2009 Stories
21. On July 30, 2009 during the 6:00 p.m. newscast, Griffin aired another story related to the odor at the Floral Haven mausoleum reporting on cleanup efforts done by Floral Haven to address the smell. Specifically, the story addressed whether a health hazard existed at the mausoleum. See July 30, 2009 Transcript, Ex. K.
22. The July 30, 2009 broadcast made no mention of Nick Reynolds or any of the Reynolds Entities. See July 30, 2009 Transcript, Ex. K.
23. Reynolds reviewed the script of the broadcast that aired on July 30, 2009, and he agreed that the story makes no mention of him personally or the Reynolds Entities. See Reynolds Deposition at 66:19-67:8, Ex. B.
24. Griffin placed a version of the July 30, 2009 broadcast on its website at 5:59 p.m. on July 30, 2009, which was updated on July 31, 2009 at 9:53 a.m. The web story did not mention Nick Reynolds or any of the Reynolds Entities. See July 30, 2009 Web story, updated July 31, 2009, Ex. L.
July 31, 2009 Story
25. On July 31, 2009, during the 6:00 p.m. newscast, Griffin aired a story and posted
a short story on its website stating that the mausoleum at the Floral Haven Cemetery was open
again. The story did not mention Nick Reynolds or any of the Reynolds Entities. See July 31,
2009 Transcript, and July 31, 2009 Web story, Ex. M.
26. Reynolds reviewed the script of the broadcast that aired on July 31, 2009, and he agreed that the story makes no mention of him personally or the Reynolds Entities. See Reynolds Deposition at 67:16-68:5, Ex. B.
August 5, 2009 Stories
27. On August 5, 2009, during the 6:00 p.m. newscast, Griffin aired another story related to the odor at Floral Haven mausoleum with a family member of the body which was prepared by the Reynolds Entities. The family member insisted that her loved one’s body was not the source of the odor, and said the family wanted to right what they felt was a terrible wrong by Floral Haven against Reynolds’ business and reputation. See August 5, 2009 Transcript, Ex.
N.
28. That same day, Griffin posted a version of the August 5, 2009 broadcast as a story on its website. See August 5, 2009 Web story, updated on August 6, 2009, Ex. 0.
29. Reynolds reviewed the script of the broadcast that aired on August 5, 2009, and he said the story was “Very, very fair. Very well done.” See Reynolds Deposition at 76:7-19, 74:18-75:8. Ex. B. (“[I]f I recall right, [the wife of the person interred from Floral Haven] told me that she was going to — she was going to do an interview with Mrs. Fullbright because she felt Mrs. Fullbright had been very fair with handling of the issue with her husband’s issue.”). Ex.
B.
August 6, 2009 Story
30. On August 6, 2009, during the 6:00 p.m. newscast, Griffin aired another story and posted another story related to the removal of the odor at Floral Haven mausoleum discussing the dispute between the Reynolds Entities and Floral Haven regarding the source of the odor. See August 6, 2009 Transcript and web story, Ex. P.
31. Reynolds reviewed the script of the broadcast that aired on August 6, 2009, and he did not see anything that was false. See Reynolds Deposition at 79:20-81:4, Ex. B.
The Reynolds Entities
32. The Reynolds Entities “and various affiliates and subsidiaries are in the business of providing mortuary and funeral services to the public, including, without limitations, funeral home services, embalming services, internment cremation, and all other like services for deceased persons and their family or next of kin.” See 2012 Petition at ¶ 10.
33. The Reynolds Entities filed for Chapter 11 Bankruptcy protection on October 24,
2011. The Reynolds Entities filed the instant suit on November 9, 2012.
34. Nick Reynolds attributes the loss of business leading to the bankruptcy to the comments by Mr. Blankenship from Floral Haven, his poor health, and his divorce. See Reynolds Deposition at 96:17-102:2; see alsol9:14-20:11, Ex. B (stating he was not able to work for a long period of time in 2009 due to health issues);
35. The Reynolds Entities had other complaints filed against them in 2009. See Reynolds Deposition at 21:12-23:11, Ex. B.
36. Reynolds did not think the series of stories done by Griffin was false or defamatory, stating as follows:
And one thing that I want to make sure, too, is that I think that Lori did a great job of — fair on what she was given, the other side of the story. I mean that’s my opinion. You know, I don’t think that she played — I think that she gave — put the truth out, you know, about, you know, what it was. So I — I know this is a legal type setting and I — you know, but I don’t have any issue with Channel 6. I don’t
— and I have zero issue with Mrs. Fulibright.
See Reynolds Deposition at 78:8-18, Ex. B.
Standard News Gathering Protocol for Griffin
37. Griffin holds two editorial meetings every day at 9:00 a.m. and 1:30 p.m. At the
9:00 a.m. meeting, attendees bring possible story ideas to discuss, and a list of stories is chosen and assigned. See Fullbright Deposition at 11:24-13:5, Ex. B; Hang Deposition at 10:25 -11:11, Ex. C.
38. After receiving a story assignment, the reporter then typically investigates the story during the day, and then the story airs at night. See Fullbright Deposition at 13:6-20, Ex. A; Hang Deposition at 24:6-25:4, Ex. C (“[Amy reporter’s responsibility is to gather information for the story, write that story in a fair and balanced way, get as many opinions and points of view from the pertinent parties to the story, and — and write — write a story.”).
39. Investigating the story generally involves research, going to a location, obtaining interviews and “lots of phone calls to different people who might be involved.” See Fullbright Deposition at 13:21-14:16, Ex. A; Hang Deposition at 25:5-16, Ex. C.
40. After the investigation is complete, the script is written, and the video segments chosen. See Fullbright Deposition at 14:17-15:7, Ex. A; Hang Deposition at 31:5-32:18, Ex. C.
41. All scripts are reviewed by a supervisor prior to broadcast both for substance and editing. See Fulibright Deposition at 15:6-16:16, Ex. A.
42. Sometimes the news scripts are also turned into stories placed on the website, www.newson6.com. See Fulibright Deposition at 37:3-18, Ex. A; Hang Deposition 16:23-17:20, Ex. C. Stories on the website can then be updated for a variety of reasons, including fixing a grammatical error or adding further information. Id. at 38:16-39:14.

Outcome: 08-11-2014 DISPCVDMWP 1 GRIFFIN COMMUNICATIONS LLC 90956900 Aug 12 2014 7:43:16:590AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 1 Griffin New Media 90956901 Aug 12 2014 7:43:16:900AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 2 GANNAWAY WEB HOLDINGS LLC 90956902 Aug 12 2014 7:43:17:000AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 2 Griffin New Media 90956903 Aug 12 2014 7:43:17:040AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 3 GRIFFIN COMMUNICATIONS LLC 90956904 Aug 12 2014 7:43:17:060AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 3 Griffin New Media 90956905 Aug 12 2014 7:43:17:090AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 4 GRIFFIN COMMUNICATIONS LLC 90956906 Aug 12 2014 7:43:17:110AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 4 Griffin New Media 90956907 Aug 12 2014 7:43:17:130AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 5 GRIFFIN COMMUNICATIONS LLC 90956908 Aug 12 2014 7:43:17:160AM - $ 0.00
DISMISSAL WITH PREJUDICE
08-11-2014 DISPCVDMWP 5 Griffin New Media 90956909 Aug 12 2014 7:43:17:180AM - $ 0.00
DISMISSAL WITH PREJUDICE

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