—–Original Message—–
From: admin@punchdrunkgamer.com [mailto:admin@punchdrunkgamer.com]
Sent: Monday, May 18, 2009 1:15 AM
To: Samuel J. Smith
Subject: Re: [Fwd: Defamation Claim; Demand For Retraction]

Attention Mr. Samuel Smith,

We have reviewed your request and we are standing by the story. In
addition to having the interview with Tito Ortiz, we also conducted a
reasonable investigation and confirmed there are several sources who
provide similar sets of facts to support the statements made in the
story.

At this time PDG (PunchDrunkGamer) will not be offering a retraction of
this story. Mr. Ibarra is more then welcome to offer his side of the
events which, following reasonable investigation to confirm accuracy
could appear on the front page of PDG.

Thank You,

PunchDrunkGamer Inc.

To the Representatives of Punch Drunk Gamer: Unfortunately, your
Company has refused to retract the defamatory “story” even though we
have put you on notice that there is no basis to the story and it is
defamatory. Can you please identify yourself and provide us your
address and telephone number so that we may know who we are
communicating with? Should you have any questions, please feel free to
contact me. Sammy

What happened to that lawyer on the West Coast that you used to do a certain podcast with? Or was Jeff his kayfabe name and Todd is who you are referring to?

-Malice only require recklessness or an extreme disregard for a know risk (in this case the facts not being true).

-All of those websites are being sued for their publishing of the libel. It seems weird, but those who publish libel are too liable.

-I’m surprised the attny for Juanito didn’t plead in the alternative if Juanito was a public figure. Problem with public figures is that it opens the door to First Amendment concerns. This will likely be the Defendent’s arguments. Courts treat public figure news as broad. See: the tabloids at your supermarket.

-I wonder if the fake names alluded touches upon the story you had up a week or two ago, Zach?

-Regarding the facts, people may think of Juanito as being thin-skinned here, but this is the classic type of defamation case. Tito is going to have to prove the truth of his statements. If Juanito can win, it in effect clears his name (though not necessarily on the Underground).

OK, back to studying for the bar…

Juanito timed his suit — which refers to events and statements of at least 8 months ago — to coincide exactly with Tito’s becoming a free agent. That’s shrewd timing since Tito’s been prevented from earning money by the UFC still having an option on him. Now he’s on the market and likely to cut a lucrative deal very soon. Great timing for a lawsuit.

Explain what you mean, please. I’m dense and don’t understand your point.

Theres somebody who still believes things that come out of tito’s mouth?!

Wow.

I have any idea what tito allegedly said because I dont listen to those things.

All I know right now is that ibarra appears to be petty and litigious, which is no better than tito in my book.

I am not sure about the offering to tell the other side of the story, or if that request was even made of the website in question.