Case 1:10-cv-00897-RJL Document 54 Filed 09/22/10 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)
DANIEL PARISI, et al., )
)
Plaintiffs, )
)
v. ) No. 1:10-cv-0897-RJL
)
LAWRENCE W. SINCLAIR a/k/a “Larry Sinclair”, )
et al., )
)
Defendants. )
)

PLAINTIFFS’ OPPOSITION TO BOOKS-A-MILLION MOTION TO STRIKE

Plaintiffs, Daniel Parisi (“Parisi”), Whitehouse.com Inc., Whitehouse Network LLC

(“WNL”), and White House Communications Inc. (“WCI”) (collectively referred to as

“plaintiffs”), oppose the motion to strike filed by defendant Books-A-Million, Inc. (“BAM”).

Paragraphs 4-17 and 20-24 of the Declaration of Richard J. Oparil and Exs. 1-14 and 17-21 are

material to the issues raised in BAM’s motion to dismiss the claim, including the assertion, based

on an allegation in another case, that BAM had nothing to do with the synopsis of the defamatory

book BAM sold. Motions to strike are generally disfavored. See, e.g., New York City Employees

Retirement Sys. v. Berry, 667 F. Supp. 2d 1121, 1128 (N.D. Cal. 2009).

Moreover, the facts set forth in the Declaration and the exhibits are relevant to plaintiffs’

argument that if the Court were to find that some or all of the claims are subject to dismissal,

plaintiffs should be granted leave to file a amended complaint. BAM’s reply did not set forth

any argument as to why such leave should not be granted, let alone make any showing as to the

five factors that are taken into account to assess the propriety of a motion for leave to amend:

bad faith, undue delay, prejudice to the opposing party, futility of amendment, and whether the
 Case 1:10-cv-00897-RJL Document 54 Filed 09/22/10 Page 2 of 3

plaintiff has previously amended the complaint. Johnson v. Buckley, 356 F.3d 1067 (9th Cir.

2004).

For the foregoing reasons, plaintiffs respectfully request that BAM’s motion to strike be

denied.

Dated: September 22, 2010 Respectfully submitted,

/s/ Richard J. Oparil

Richard J. Oparil (D.C. Bar No. 409723)
PATTON BOGGS LLP
2550 M Street, NW
Washington, DC 20037
(202) 457-6000
(202) 457-6315 (fax)

Kevin M. Bell
PATTON BOGGS LLP
8484 Westpark Drive
McLean, VA 22102
(703) 744-8000
(703) 744-8001 (fax)

Attorneys for Plaintiffs

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 Case 1:10-cv-00897-RJL Document 54 Filed 09/22/10 Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on September 22, 2010, a copy of the foregoing was served on

counsel for the parties that have appeared in the case by the Court’s ECF system and on the

following by first class mail, postage prepaid:

Lawrence W. Sinclair
Sinclair Publishing, Inc.
P.O. Box 1963
Washington, DC 20013

Jeffrey Rense
4896 Highway 66
Ashland, OR 97520-9712

/s/ Richard J. Oparil

Richard J. Oparil (DC Bar No. 409723)

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