Gilding v. Carr

John Carr is the former past president of the National Air Traffic Controllers Association (NATCA). Carr operates a blog, The Main Bang, on which he often criticizes the Federal Aviation Administration (FAA). In two blog posts in July 2007, Carr wrote about an FAA employee who committed suicide and detailed the actions of the employee's supervisor, John Gilding.

On September 11, 2007, Gilding commenced a lawsuit against Carr, claiming that Carr defamed him and placed him in a false light. Gilding further claims that Carr's blog falsely accused Gilding of "lying under oath in an administrative hearing" and "harrassing and intimidating a subordinate CPC to death." The complaint outlines several other statements that plaintiff alleges Carr "falsely and maliciously" made on his blog. The complaint requests relief in the form of general and punitive damages.

On October 31, 2007, Carr filed a motion to dismiss for lack of personal jurisdiction, asserting that Arizona state courts do not have jurisdiction over him because he is a resident of Ohio and has no contacts or business with Arizona. Carr later filed motions for summary judgment based upon defenses of truth, opinion, and absence of actual malice. On April 25, 2008, the court denied Carr's motion to dismiss.

Update:

10/27/08 - Gilding filed a Third Amended Complaint that added NATCA as a defendant.

11/19/08 - The case was removed to the US District Court for the District of Arizona.

11/25/08 - NATCA filed a motion to dismiss. Gilding opposed.

04/07/09 - The court  granted Gilding's motion to remand back to state court and denied NATCA's motion to dismiss.

04/20/09 - The court granted Gilding's motion to  appoint a Special Master to referee the discovery process.

04/23/09 - NATCA filed a notice of intent to appeal to the Ninth Circuit the decision to remand. Other defendants file similar notices. 

04/24/09 - Gilding requested an award of attorney's fees. 

05/14/09 - Gilding moved to dismiss NATCA's appeal.

06/02/09 - Guilding moved for a subpoena to be issued to obtain FAA investigation records regarding  defendants Bob Marks and Jerry Johnston.

06/05/09 - The court denied Gilding's motion for an award of attorney's fees (originally made 4/24/09 and supplemented 5/21/09).

06/08/09 - NATCA moved to stay proceedings pending its appeal to the Ninth Circuit. 

06/11/09 - Gilding submitted a brief opposing NATCA's appeal.

06/12/09 - Guilding opposed NATCA motion to stay.