Full title: George W. HICKEY, JR., Plaintiff, v. ST. MARTIN’S PRESS, INC., et al.…
Court: United States District Court, D. Maryland
Civil No. H-96-2530.
Date published: Sep 29, 1997
Fact:
In February of 1992, St. Martin’s Press, Inc. (“St.Martin’s”) published the hardcover edition of Mortal Error. The book was written by Bonar Menninger (“Menninger”) and recounts a theory developed by Howard Donahue (“Donahue”) that it was a shot from an AR-15 rifle held by Hickey which fatally wounded President Kennedy.
In 1995 and 1996, Hickey filed four different suits in four different jurisdictions, seeking to recover compensatory damages for allegedly defamatory statements contained in Mortal Error. In one or more of these actions, Hickey has named as defendants St. Martin’s, St. Martin’s Paperbacks, Simon Schuster, Inc. (“Simon Schuster”), Menninger and Donahue. He first sued Donahue in April of 1995 in the Circuit Court for Baltimore County. On October 2, 1995, Hickey filed a civil action in the United States District Court for the District of New Hampshire, naming as defendants St. Martin’s, St. Martin’s Paperbacks, Menninger and Simon Schuster. On May 16, 1996, Hickey filed a civil action in the United States District Court for the District of Montana naming St. Martin’s and Menninger as defendants. On August 14, 1996, Hickey filed a civil action in this Court naming Simon Schuster and St. Martin’s as defendants. That action was docketed as Civil No. H-96-2530.
The Montana suit has now been transferred to this Court and docketed as Civil No. H-97-875. The New Hampshire action has also now been transferred to this Court and has been docketed as Civil No. H-97-1637. By Order dated June 9, 1997, these three federal civil actions have been consolidated for all purposes pursuant to Rule 42(a), F.R.Civ.P. Diversity jurisdiction exists in all three cases under 28 U.S.C. § 1332(a).
Pending before the Court are the following motions: (1) defendants’ motion for summary judgment; (2) plaintiff’s cross-motion for partial summary judgment; and (3) plaintiff’s motion for certification of questions to the Maryland Court of Appeals. Lengthy memoranda and numerous exhibits have been submitted in support of and in opposition to these pending motions. Argument of counsel has been heard at a hearing held in open Court. The principal issue presented by these motions is whether Hickey’s claims asserted in the three consolidated cases are barred by limitations.
Following its review of the record here, this Court has concluded that defendants’ motion for summary judgment must be granted, that plaintiff’s cross-motion for partial summary judgment must be denied, and that plaintiff’s motion for certification of questions to the Maryland Court of Appeals must also be denied.
Issue:
Conclusion:
Plaintiff’s cross-motion for partial summary judgment merely seeks rulings in plaintiff’s favor on several key issues in this litigation. Since the Court has decided those issues in favor of defendants and has granted defendants’ motion for summary judgment, plaintiff’s cross-motion for summary judgment will be denied. Plaintiff’s motion for certification will also be denied. An appropriate Order will be entered by the Court.