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In response, the blogger filed for declaratory judgment that his actions were legit. Carreon responded by literally hiding from being served while also trying to intimidate the blogger, even contacting and threatening to sue his employer. After finally getting served, Carreon basically caved on every point, effectively settling the case. Except, Charles Carreon, brilliant legal mind, apparently didn't realize that he was still subject to having to pay legal fees. Over the past few months Carreon has done everything possible to avoid having to pay those legal fees, lashing out at the lawyers involved, demanding they submit to discovery and depositions, and even claiming that Paul Levy and Cathy Gellis, the lawyers representing the blogger, were involved in some sort of conspiracy against him, while simultaneously arguing (no joke) that he has a First Amendment right to make vexatious legal threats.
Despite all that impressive tap-dancing, it appears the court was not moved. Carreon has been told to pay $46,100.25. The court is not at all impressed by Carreon's legal "theories."
As for his first amendment claim, and the suggestion that this lawsuit was a SLAPP suit designed to silence him... the court is again, not impressed, noting that this is a standard declaratory judgment case filed over Carreon's own threatening email, and pointing out that under Carreon's reading, any declaratory judgment against a threat could be seen as an anti-SLAPP case, which makes no sense. Finally, Carreon tried to argue that no fees should be awarded because the case is not "exceptional", while also arguing that the blogger had intent to profit because "it contained two links to websites that are operated for-profit." The court, again, doesn't see how this makes the case Carreon thinks it makes, noting that two links to commercial websites does not make the original site a for-profit entity. As for the claim that this case is not "exceptional," well, there's where the judicial smackdown comes in. No, the court says, the case wasn't exceptional, until Carreon went nutty.
The court then laughs off Carreon's suggestion that legal fees should be merely $200, by noting that Carreon provides no explanation for why, and that this ignores all the time and effort Levy and Gellis had to put in. As for the breakdown of the fees, it's $8,450 for the initial case... and the other $37,650.25 all stems from Carreon's crazy fight against attorney fees. All of this from a case that came about because of his own ridiculous legal threats.
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