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Figure Four Weekly 1/4/2016: More on Gawker motioning to dismiss Hulk Hogan lawsuit

It’s becoming a bit easier to determine what Gawker’s going for in their latest motion to dismiss in Hulk Hogan’s lawsuit against them. As noted last week, Gawker filed a sealed motion to dismiss on the grounds of fraud on the court in light of new information when the FBI finished document production, and simultaneously filed a motion to have it unsealed. They’re bound by the terms of the case’s confidentiality agreement, which makes anything from the FBI’s document production to Gawker “Attorneys’ Eyes Only” (can only be viewed by counsel, not even the clients). The agreement also allowed each side to say something was Confidential (just shielded from public view) or Attorneys’ Eyes Only barring a challenge from the other side. When we left you last week, most of the exhibits to the motion had not yet appeared on the court docket. Since then, they were added, and even though they’re all sealed, there are still full “Event Descriptions” for a number of them (some more detailed than others). I also dug into the previously sealed items that were recently unsealed, as well as some of the filings around them.

The most compelling and/or curious descriptions include:

EXHIBIT 6 - EMAIL RE: OFFERED ILLEGAL MATERIAL

EXHIBIT 9 - EMAIL RE: VIEWED MATERIALS

This sounds like it’s contact between Hogan’s side and the FBI after sex tape broker Keith Davidson made contact to allegedly extort Hogan.

EXHIBIT 12-14, 16 - DRAFT TRANSCRIPT OF CONSENSUAL RECORDING OF TELEPHONE CALL

EXHIBIT 15 - EXHIBIT 3 TO SETTLEMENT AGREEMENT

EXHIBIT 32 - SETTLEMENT AGREEMENT W/ATTACHMENTS

EXHIBIT 33 - EXCERPT OF DEPO OF BUBBA THE LOVE SPONGE CLEM 030314

EXHIBIT 35 - EMAIL RE: SETTLEMENT AGREEMENT

EXHIBIT 42 - EXHIBIT B TO SETTLEMENT AGREEMENT

This most likely refers to Hogan’s settlement with Bubba the Love Sponge Clem, which removed Clem from this very lawsuit. In the process, we know Hogan got the copyrights to the sex videos, but we don’t know much more than that. If Gawker is looking to prove that Hogan’s primary concerns were about his racist comments and not being on video having sex, which seems likely, then it’s certainly possible that the settlement agreement could shed some light on that.

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