Judge denies Philip Klein's motion to compel Google to produce documents

David Yates Feb. 23, 2011, 5:19am


Beaumont blogger and political commentator Philip Klein on Tuesday had his motion to compel Google to produce documents denied by a local judge.

Through his companies, Klein sued the Operation Kleinwatch and Sam the Eagle blogs, as well as Google and its subsidiary, blogger.com, on Aug. 26, 2009, in Jefferson County District Court.

In his suit, Klein alleges Operation Kleinwatch and Sam the Eagle have engaged in a pattern of libel and defamation, invasion of privacy and use of copyrighted images.

Klein claims the bloggers defamed him by posting a parody of Dog Fancy magazine in which he was depicted under the caption, "Fat Men Who Love Their Dogs Too Much."

As the Southeast Texas Record previously reported, the Texas Supreme Court stayed the case against the bloggers in June.

Meanwhile, Klein filed a motion to compel Feb. 8, arguing that Google "has not produced any documents," court records show.

"Additionally, plaintiffs seek to compel the production of this information because the websites at issue continue to defame Mr. Phillip Klein," the motion states.

Google filed a response Feb. 21, stating that Klein's motion failed to inform the court that the Texas Supreme Court has stayed the court's order on the motion to quash while the mandamus proceeding is pending in the Texas Supreme Court.

Judge Donald Floyd, 172nd District Court, denied the motion Feb. 22.

Beaumont attorney John Morgan represents Klein.

Houston attorney Dennis Lynch represents Google.

Case No. E184-784

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