UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JAYNE A. HITCHCOCK,
Plaintiff,
-against-
WOODSIDE LITERARY AGENCY, et al.,
Defendants,
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Case No. 97 Civ. 0166 (NG, JMA)
Reply of Plaintiff, Jayne a.
Hitchcock, to Counterclaims of Defendant, John Lawrence
Plaintiff, Jayne A. Hitchcock, by her attorney, John A. Young, for her reply to the
counterclaims asserted herein by defendant, John Lawrence ("Lawrence"), in document
denominated "COUNTERSUIT", dated June 28, 1998, and bearing the above-mentioned Case
Number, but entitled "JOHN LAWRENCE d/b/a Woodside International Literary Agency &
Photo Phoenix International Plaintiff, -against- JAYNE A. HITCHCOCK
and JOHN A. YOUNG Defendants", hereby:
1. Admits that this action was filed in January of 1997 and that defendant
Lawrence claims this Court has jurisdiction over his counterclaims by virtue of the United States
Code Sections cited in paragraph numbered "1" of his counterclaims; and otherwise denies the
allegations contained in paragraph numbered "1" of defendant Lawrence's counterclaims.
2. Upon information and belief affirms that there is evidence tending to show
that the allegations contained in paragraph numbered "2" of Lawrence's counterclaims are false;
and otherwise denies knowledge or information sufficient to form a belief as to the truth of
falsity
of the allegations contained in said paragraph.
3. Admits the allegations contained in paragraph numbered "3" of defendant
Lawrence's counterclaims.
4. Upon information and belief, admits the allegations contained in paragraph
numbered "4" of defendant Lawrence's counterclaims.
5. Affirms that the allegations contained in paragraph numbered "5" of
Lawrence's counterclaims are incapable of being understood, and therefore, of being admitted or
denied, unless they are an ungrammatical repetition of the allegations contained in the first
sentence of paragraph numbered "1" thereof, in which case, she reasserts and realleges her reply
to said paragraph.
6. Affirms that there is evidence indicating that Lawrence has, at some times,
claimed to be the founder and sole proprietor of Woodside and/or of Photo Phoenix International
("Phoenix"); but that there is also evidence indicating that Lawrence has denied having any
connection with Woodside and/or Phoenix; and otherwise denies knowledge or information
sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph
numbered "(1)" [immediately following paragraph numbered "5"] of Lawrence's counterclaims.
7. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraphs numbered "(2)" and "(3") of Lawrence's
counter claims.
8. Admits that Lawrence and/or others working on behalf of Woodside and/or
Phoenix have repeatedly advertised on the internet inviting authors and photographers to send
samples of their work; and otherwise denies knowledge or information sufficient to form a belief
as to the truth or falsity of the allegations contained in paragraph numbered "(4") of Lawrence's
counter claims.
9. Upon information and belief affirms that there is substantial question
whether the "samples" referred to in the paragraph numbered "(5)" of Lawrence's counterclaims
were ever "evaluated" in any meaningful sense; upon information and belief admits that
submitters
were not charged for their original submissions, per se; and otherwise denies knowledge or
information sufficient to form a belief as to the truth or falsity of the allegations contained in
paragraph numbered "(5)" of Lawrence's counterclaims.
10. Upon information and belief denies the allegations contained in paragraph
numbered "(6)" of Lawrence's counterclaims.
11. Upon information and belief affirms that virtually every person making a
submission to Woodside received a response claiming that said submission had been appraised
favorably by an "editor" and that fewer than five percent of submissions were so appraised, and
was asked to send further materials together with a "reading" or "market evaluation" fee; and
otherwise denies the allegations contained in paragraph numbered "(7)" of Lawrence's
counterclaims.
12. Affirms that the language of paragraph numbered "(8)" of Lawrence's
counterclaims is incapable of comprehension; denies upon information and belief the truth of
such
allegations if such language were interpreted to mean that only a small portion of the persons
making submissions to Woodside were offered "representation" by Woodside in exchange for the
fees demanded; admits, upon information and belief, that if such language were interpreted to
mean that only a small portion of the persons who paid fees to Woodside for "representation"
were
ever offered a publication contract, then only a very small portion, if any, of such persons were
ever offered a contract secured by Woodside to publish their work; and otherwise denies having
knowledge or information sufficient to form a belief as to the truth or falsity of the allegations, if
any, contained in said paragraph.
13. Denies the allegations contained in paragraph numbered "(9)" of Lawrence's
counterclaims.
14. Admits that, on or about July 15, 1996, plaintiff sent to Woodside an
excerpt from a novel entitled "When Will I See You Again" and received a response requesting the full manuscript accompanied by $150.00; and otherwise denies the allegations contained in paragraph numbered "(10)" of Lawrence's counterclaims.
15. Denies the allegations contained in paragraph numbered "(11)" of
Lawrence's counterclaims.
16. Admits that plaintiff advised other writers on the internet that Woodside
charged "reading" or "market research" fees and of her understanding that legitimate literary
agencies did not charge such fees; and otherwise denies the allegations contained in paragraph
numbered "(12)" of Lawrence's counterclaims.
17. Affirms that the language contained in paragraph numbered "(12.a)" of
Lawrence's counterclaims expresses no any cognizable allegation which could be meaningfully
admitted or denied; denies that, if said language were to be interpreted as a paraphrase of remarks
made by plaintiff, plaintiff made such remarks; and otherwise denies knowledge or information
sufficient to form a belief as to the truth or falsity of the allegations, if any, contained in
paragraph
numbered "(12.a)" of Lawrence's counterclaims.
18. Denies the allegations contained in paragraph numbered "(12.b)" of
Lawrence's counterclaim.
19. Admits that, after having been subjected to harassment by Lawrence and
others on behalf of Woodside, plaintiff was among those writers who coalesced into a group,
sometimes denominated the "internet posse", with the object of defending against further such
harassment; admits that some members of the so-called "internet posse" sent Woodside samples
of deliberately bad writing, in an effort to determine whether such samples would elicit the usual
response claiming that they were among the "fewer than five percent" which were deemed good
enough to be accepted for representation (for an up-front fee) by Woodside; and otherwise denies
the allegations contained in paragraph numbered "(13)" of Lawrence's counterclaims.
20. Affirms that the language contained in paragraph numbered "(13.a)" of
Lawrence's counterclaim expresses no any cognizable allegation which could be meaningfully
admitted or denied; admits upon information and belief that, were it to be interpreted as an
allegation that Woodside does not represent its "client's" works to publishers, it would be true;
and otherwise denies the allegations contained in paragraph numbered "(13.a)" of Lawrence's
counterclaims.
21. Denies the allegations contained in paragraph numbered "(13.b)" of
Lawrence's counterclaims.
22. Upon information and belief denies the allegations contained in paragraph
numbered "(13.c)" of Lawrence's counterclaims.
23. Denies the allegations of plaintiff's actions contained in paragraph "(13.d)"
of Lawrence's counterclaims; and, upon information and belief, denies such allegations regarding
actions of "fellow writers/friends".
24. Admits that plaintiff encouraged others who thought they had legitimate
complaints regarding Woodside to lodge such complaints with the appropriate Better Business
Bureau; and otherwise denies the allegations contained in paragraph numbered "(13.e)" of
Lawrence's counterclaim.
25. Admits that plaintiff encouraged others who thought they had legitimate
complaints regarding Woodside to lodge such complaints with the office of the Attorney General
of the State of New York; denies that plaintiff ever encouraged anybody to send a "bad check" to
Woodside; and otherwise denies the allegations contained in paragraph numbered "(13.f)" of
Lawrence's counterclaims.
26. Plaintiff respectfully refers the Court to any page(s) maintained by her on
the world-wide-web, or to a print-out of their content on a relevant date, for the contents thereof;
and otherwise denies the allegations contained in paragraph numbered "(14)" and its subdivisions
numbered "(14.a)" through "(14.d)", of Lawrence's counterclaim.
27. Denies that Woodside was ever the subject of "harassment" by plaintiff;
admits that at one point persons purporting to act on behalf of Woodside claimed that it was
being
subjected to "harassment" and asked that those responsible refrain; and otherwise denies
knowledge or information sufficient to form a belief as to the truth or falsity of the allegations
contained in paragraph numbered "(15)" of Lawrence's counterclaims.
28. Upon information and belief, affirms that the harassment of plaintiff over
the internet was interrupted when, and only after, the then internet service provider for Woodside
canceled its accounts; and otherwise denies the allegations contained in paragraph numbered
"(15.a)" if Lawrence's counterclaims.
29. Denies the allegations contained in paragraph numbered "(16)" of
Lawrence's counterclaims.
30. Denies the allegations contained in paragraph numbered "(16.a)" of
Lawrence's counterclaims.
31. Admits that, upon occasion, including in pleadings before this Court,
plaintiff has repeated portions of text originating with Woodside which she found "offensive",
doing so in a manner ensuring that it was not interpreted, as originally intended by Woodside, as
originating from her; and otherwise denies the allegations contained in paragraph numbered
"(16.b)" of Lawrence's counterclaims.
32. Admits that plaintiff has appeared on the television shows hosted by Sally
Jesse Raphael and entitled "Unsolved Mysteries", and admits having stated her belief, based
upon
the information then available to her, that it was one or more persons associated with Woodside
who were accountable for the harassment to which she had been subjected; and otherwise denies
the allegations contained in paragraph numbered "(17)" of Lawrence's counterclaims.
33. Admits that plaintiff may write a book regarding her experiences during the
pendency of this action; and otherwise denies the allegations contained in paragraph numbered
"(17.a)" of Lawrence's counterclaim.
34. Admits that several writers, including Martin Fouts, created a "HELP Fund"
to assist her in meeting her expenses in the litigation against Woodside, and that pages
maintained
by plaintiff on the world-wide-web contain links to pages maintained on behalf of the "HELP
Fund"; and otherwise denies the allegations contained in paragraph numbered "(18)" of
Lawrence's counterclaim.
35. Admits that an individual, sometimes known as Marty Fouts, was
instrumental in creating a fund for Hitchcock Expenses of Legal Proceedings ("HELP") and,
sometime thereafter, withdrew from work in support of the "HELP Fund"; and that plaintiff,
sometimes with the assistance of others, has maintained a world-wide-web page; and otherwise
denies the allegations contained in paragraph numbered "(18.a)" of Lawrence's counterclaims.
36. Admits that checks for the "HELP Fund" would have been accepted in its
early days if they were made payable either to the order of plaintiff or of her attorney; but
otherwise denies the allegations contained in paragraph numbered "(18.b)" of Lawrence's
counterclaims.
37. Admits that Ursula Spachmann, one of the defendants herein, complained
to the FBI and others about the "HELP Fund"; admits that, after the initial start-up period, the
"HELP Fund" has requested that donors make checks payable expressly to it; and otherwise
denies
the allegations contained in paragraph numbered "(18.c)" of Lawrence's counterclaims.
38. Denies that any cognizable motion has been submitted to this Court as
alleged in paragraph numbered "(19)" of Lawrence's counterclaims.
39. Respectfully refers the Court to her world-wide-web page(s), or print-outs
thereof at relevant dates, for the contents thereof, and to its own files for the contents thereof; and
otherwise denies the allegations contained in paragraph numbered "(19.a)" of Lawrence's
counterclaims.
40. Affirms that paragraph numbered "(20)" of Lawrence's counterclaims
contains no cognizable allegations which can be affirmed or denied.
41. Affirms that paragraph numbered "(21)" of Lawrence's counterclaims
contains no cognizable allegations which can be affirmed or denied; affirms that her attorney
herein agreed to represent her without any "up-front" fee; and otherwise denies any allegations
contained in paragraph numbered "(20.a)" of Lawrence's counterclaims.
42. Denies the allegations contained in paragraph "(20.b") of Lawrence's
counterclaims.
43. Denies the allegations contained in paragraph "(20.c)" of Lawrence's
counterclaims.
44. Denies the allegations contained in paragraph "(21") of Lawrence's
counterclaims, including the allegations contained in sub-paragraphs numbered "(21(a.))"
through
"(21(f.))" and thereof.
45. Admits that plaintiff, and, upon information and belief, that plaintiff's
attorney, John A. Young, from time to time reported facts relating to Woodside to appropriate
representatives of the office of the Attorney General of the State of New York; denies knowledge
or information sufficient to form a belief as to the truth or falsity of allegations about what the
Attorney General's Office has or has not been "just informed" by any court; and otherwise denies
the allegations contained in paragraph numbered "(22)" of Lawrence's counterclaims.
46. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraph numbered "(23)" of Lawrence's counterclaims.
47. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraph numbered "(23.a)" of Lawrence's counter
claims.
48. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraph numbered "(23.b)" of Lawrence's counter
claims.
49. Denies the allegations contained in paragraph numbered "(24)" of
Lawrence's counterclaims.
50. Denies the allegations contained in paragraph numbered "(25)" of
Lawrence's counterclaims.
51. Upon information and belief, denies the allegations contained in paragraph
numbered "(26)" of Lawrence's counterclaims.
52. Upon information and belief, denies the allegations contained in paragraph
numbered "(27)" of Lawrence's counterclaims.
53. Upon information and belief, denies the allegations contained in paragraph
numbered "(28)" of Lawrence's counterclaims.
54. Denies the allegations contained in paragraph numbered "(29)" of
Lawrence's counterclaims, including each of its sub-paragraphs, numbered "(29.a)" through
"(29.e)".
55. Denies the allegations contained in paragraph numbered "(30)" of
Lawrence's counterclaims.
56. Admits that plaintiff has had dealings with a group of writers, sometimes
referred to as the "internet posse"; and otherwise denies the allegations contained in paragraph
numbered "(31)" of Lawrence's counterclaims.
57. Affirms upon information and belief that the persons listed in paragraph
numbered "(32)" of Lawrence's counterclaims were but a small fraction of those participating in
the internet's misc.writing group at relevant times; and otherwise denies the allegations contained
in paragraph numbered "(32)" of Lawrence's counterclaims.
58. Denies the allegations contained in paragraph "(33)" of Lawrence's
counterclaims including the allegations in its sub-paragraphs "(32.a)" and "32.b)".
59. Upon information and belief, denies the allegations contained in paragraph
numbered "(34.a)" of Lawrence's counterclaims.
60. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraph numbered "(35)" of Lawrence's counterclaims.
61. Denies that plaintiff ever encouraged anybody to send Woodside "bad
checks"; and otherwise denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraph numbered "(35a)" of Lawrence's
counterclaims.
62. Affirms that plaintiff and her attorney, John A. Young, related facts relating
to Woodside to the office of the Attorney General of the State of New York; admits upon
information and belief that, upon review of those facts and others revealed in its investigations,
said office concluded that Woodside took in so-called "reading fees" without providing bona-fide
representation to the writers who had paid them; and otherwise denies the allegations contained
in paragraph numbered "(36)" of Lawrence's counterclaims.
63. Denies the allegations contained in paragraph numbered "(37)" of
Lawrence's counterclaims, including sub-paragraphs numbered "(37a)" through "(37g)" thereof.
64. Denies that any group known as the "internet posse" was an "enterprise"
under applicable law; admits that plaintiff's existence is separate from that of any such "internet
posse"; and otherwise denies the allegations of paragraph numbered "(38)" of Lawrence's
counterclaims.
65. Denies the allegations contained in paragraph numbered "(40)" of
Lawrence's counterclaims.
66. Denies the allegations contained in paragraph numbered "(41)" of
Lawrence's counterclaims.
67. Denies the allegations contained in paragraph numbered "(42)" of
Lawrence's counterclaims.
68. Denies the allegations contained in paragraph numbered "(43)" of
Lawrence's counterclaims.
69. Admits that some of plaintiff's internet postings regarding Woodside may
have been seen by internet users located at various points in the United States of America and
elsewhere in the world; and otherwise denies the allegations contained in paragraph numbered
"(43a.)" of Lawrence's counterclaims.
70. Denies the allegations contained in paragraph numbered "(44)" of
Lawrence's counterclaims, including its sub-paragraphs numbered "(44(a.))" through "(44(c))".
71. Denies the allegations contained in paragraph numbered "(45)" of
Lawrence's counterclaims.
72. Denies the allegations contained in paragraph numbered "(46)" of
Lawrence's counterclaims.
73. Denies knowledge or information sufficient to form a belief as to the truth
or falsity of the allegations contained in paragraph numbered "(46a.)" of Lawrence's counter
claims.
74. Denies that Lawrence is entitled to any of the relief demanded in paragraph
numbered "(47)" of Lawrence's counterclaims, including all of its sub-paragraphs.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
75. Defendant Lawrence, having failed to make any timely response to the
complaint herein, is in default in this action and without standing to assert counterclaims.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
76. Defendant Lawrence's counterclaims fail to state a claim upon which this
Court may grant relief.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
77. Defendant Lawrence's counterclaims are barred, in whole or in part, by the
applicable statute(s) of limitations.
WHEREFORE, plaintiff demands judgment dismissing Lawrence's counterclaims in their
entirety and granting judgment in favor of her demanded in her Amended Complaint herein.
Dated: Brooklyn, New York
July 10, 1998
John A. Young
EDNY Attorney No. JY1748
Law Offices of John A. Young
Attorney for Plaintiff
P.O. Box 1068
New York, NY 10185-1068
[22 Wyckoff Street
Brooklyn, NY 11201]