Update: Not that I mind the request for retraction, but it turns out I was not alone in my “confusion” over statements made by Josh Gilmore, the attorney representing Jeff Guinn at a recent hearing involving a civil lawsuit. Mr. Gilmore took exception to me reporting that he stated the plaintiffs, Donna and Chuck Ruthe, knew of Guinn’s prescription drug relapse yet continued to invest with Guinn. Here’s what the court website minutes say:
Court NOTED that Mr. Gilmore was asking for a partial summary judgment on one element of a tort in which there may be more than one element of causation. Mr. Gilmore stated the 20th claim for relief relates to incapacitation and that Pltfs knew about alleged relapse and continued to invest. Further statements by Mr. Gilmore regarding narrowing the issues and there has been a lot of time in discovery. Mr. Gilmore requested that partial summary judgment be granted. Arguments by Mr. Prince advising that Aspen, as the loan servicer, owes a fiduciary obligation to investors. Mr. Prince stated he has not finished the deposition of Mr. Jeff Guinn and Mr. Guinn is fighting a prescription drug addiction. Mr. Prince advised his clients should be entitled to 56(f) relief. Mr. Prince further stated that during 2005-2007, Mr. Guinn competency may have been in question because of his relapse, and how could he properly run Aspen or supervise the two employees. Upon Court s inquiry, Mr. Prince advised that Ms. Monica Guinn gave assurances that Aspen was being run properly by former Governor Kenny Guinn. Mr. Prince argued that this is a factual issue, and he needs to finish his discovery to see where this issue goes. Arguments by Mr. Gilmore regarding Mr. Prince referencing Mr. Jeff Guinn drug use.
And here’s a link to the complete minutes…
And here’s the email I received from Mr. Gilmore, explaining what he meant.
Dear Ms. Gentry:
Your email to John Bailey and Jeff Guinn (set forth below) was forwarded to me for a response, since I attended the June 3, 2013 hearing on behalf of Aspen Financial and Jeff Guinn. Please be advised that I did not admit (nor has our office ever stated) that Jeff Guinn had a “relapse” in 2007. That is a spurious allegation that Donna Ruthe has made in this lawsuit. Nor did I state that other investors knew that Jeff Guinn was using prescription pain medication.
Your failure to attend the hearing on Monday explains your misunderstanding. I was arguing a motion for partial summary judgment. By law, I was required to assume as true for purposes of the motion only that Donna Ruthe’s allegation about Jeff Guinn is correct (which it most certainly is not). Armed with that alleged information about Jeff Guinn in January 2007, Donna Ruthe and her husband, Chuck Ruthe, made 22 additional investments across 14 different loans through Aspen Financial for 5 months. This begs the following, important question: why did the Ruthes continue to invest with Aspen Financial if they allegedly knew that Jeff Guinn was continuing to use prescription pain medication? Hence why we filed the motion.
As a journalist, you should know that taking someone’s statement out of context can have damning consequences. Any publication by you that I admitted that Jeff Guinn relapsed would be false and defamatory per se. If you have already published any such statements, we hereby demand that you immediately retract them.
In fairness, since you plan on reporting about Jeff Guinn’s use of prescription pain medication from approximately 8 years ago (stemming from several knee surgeries), we hope that you would include a disclosure of whether you have used recreational drugs.
Joshua P. Gilmore, Esq. | Bailey Kennedy, LLP
8984 Spanish Ridge Avenue, Las Vegas, Nevada 89148-1302
(702) 562-8820 (main) | (702) 562-8821 (fax) | (702) 789-4547 (direct) | JGilmore@BaileyKennedy.com