TIFFANY ANGELLE 15TH JUDICIAL DISTRICT COURT

VERSUS DOCKET NO.: 2009-3030-I

THE INDEPENDENT WEEKLY, L. L. C. LAFAYETTE PARISH, LOUISIANA

AND LESLIE TURK

SPECIAL MOTION TO STRIKE

PURSUANT TO
CODE OF CIVIL PROCEDURE ARTICLE 971

Now into Court come The Independent Weekly, LLC (The Independent) and

Leslie Turk, through undersigned counsel, and respectfully represent:

1.

In 1999, the Louisiana Legislature declared that there has been a disturbing

increase in lawsuits brought primarily to chill the valid exercise of the constitutional

rights of freedom of speech. The legislature further found and declared that it is in the

public interest to encourage continued participation in matters of public significance, and

that this participation should not be chilled through abuse of the judicial process. To

that end, the legislature enacted the Special Motion to Strike, Code of Civil Procedure

Article 971, and declared that it shall be construed broadly. Acts 1999, No. 734.

2.

The provisions of Article 971 are applicable to this proceeding as shown in this

motion and the accompanying memorandum, affidavits and exhibits.

3.

On February 17, 2009, the U.S. Securities and Exchange Commission (SEC)

charged Robert Allen Stanford and three of his companies for orchestrating a

fraudulent, multi-billion dollar investment scheme centering on an $8 billion CD

[certificate of deposit] program. The three companies included the Antigua-based

Stanford International Bank, the Houston-based broker-dealer and investment adviser

Stanford Group Company and investment adviser Stanford Capital Management

(collectively “Stanford”).

4.

Tiffany Angelle joined Stanford in 2004 having previously worked in the banking

industry in the Lafayette area.

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 5.

In 2008, Tiffany Angelle was promoted to vice president, financial advisor to

assist in overseeing the Lafayette office of Stanford. She reported to Grady Layfield, a

Stanford managing director. The fact of this promotion was published by The

Independent on March 26, 2008.

6.

On April 15, 2009, Tiffany Angelle and Grady Layfield were named as two of

sixty-nine “relief defendants” in the federal complaint filed by the SEC appointed

receiver who seeks recovery for fraudulent commissions traceable to Stanford’s

fraudulent scheme as well as other tainted compensation traceable to the fraud. The

receiver seeks recovery of $675,664 from Angelle and $642,263 from Layfield.

7.

On May 20, 2009, Tiffany Angelle filed this lawsuit against The Independent

Weekly LLC and Leslie Turk in response to their April 22, 2009 article entitled “Stanford

Suits Hitting Closer to Home”.

8.

The Independent publishes a newsweekly that is distributed through out

Lafayette Parish and portions of Acadiana in both print and online formats. Leslie Turk

is the Editorial Director and a journalist employed by The Independent.

9.

This defamation action filed by Tiffany Angelle is the type of lawsuit contemplated

by Article 971, as it challenges the constitutionally protected right of free speech by The

Independent and Leslie Turk with regard to this public issue.

10.

Article 971 provides that upon the filing of this motion all discovery proceedings

in the action shall be stayed and that the stay of discovery shall remain in effect until

notice of entry of the order ruling on the motion.

11.

Article 971 further provides that the hearing on this motion shall be not more than

thirty days after service unless the docket conditions of the court require a later hearing.

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The available hearing dates for this Division that occur within the thirty day provision are

all in the week of June 22, 2009.

12.

Ms. Angelle’s petition judicially admits the facts that confirm that her cause of

action arises from the acts of The Independent and Leslie Turk in furtherance of their

respective right of free speech under the United States or Louisiana Constitution in

connection with a public issue. Based upon this, Ms. Angelle bears the burden of

establishing the probability of success on her claim in default of which this lawsuit

should be dismissed.

13.

Upon the entry of the order ruling upon this motion, the prevailing party shall be

reimbursed their attorney fees and costs.

RESPECTFULLY SUBMITTED

___________________________________
Gary McGoffin (#9319)
Ryan M. Goudelocke (#30525)
Durio, McGoffin, Stagg & Ackermann
220 Heymann Boulevard
P. O. Box 51308 (70505)
Lafayette, LA 70503
Tel: (337) 233-0300
Fax: (337) 233-0694
Counsel for Defendants

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing pleading has this day

been forwarded to all counsel of record to this proceeding by hand delivery.

Lafayette, Louisiana, this 10th day of June, 2009.

______________________________________
GARY McGOFFIN – #9319
RYAN M. GOUDELOCKE – #30525

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