Federal judge dismisses four of five counts in privacy and racketeering suit

U.S. District Judge Sharon L. Gleason on Monday dismissed four of the five counts in Holly J. Sheldon-Lee's federal lawsuit against two defendants, a man and a woman. The dismissed counts are invasion of privacy, intentional infliction of emotional distress, civil conspiracy and civil racketeering. Her defamation claim still stands.

The defendants had asked for the dismissal. Sheldon-Lee has until Dec. 9 to file a revised complaint that fixes the problems the judge identified or to file a notice ending the case. If she does neither, the case will be dismissed without further notice.

Gleason wrote in the order that each dismissed count was a single sentence that did not tie specific facts to either defendant. The invasion of privacy count, for example, does not say what private information each defendant disclosed, or when and how. The complaint "consistently lumps both Defendants together," she wrote. She said many of the same flaws led her to dismiss the defendants' five counterclaims in May.

Gleason also denied Sheldon-Lee's motion for summary judgment, a ruling in her favor without a trial. The motion relied mainly on deemed admissions, statements treated as admitted because a party did not answer in time. In the same order, Gleason let the man withdraw his admissions and file late answers; Sheldon-Lee had not opposed that request.

The defendants had asked to pause the case during a state stalking case against the man. Gleason denied that but left room to ask again, writing that it was unclear who the alleged victims of the stalking charges are.