Trial Date Set For Joe Miller Lawsuit Against Fairbanks North Star Borough

Oct. 8, 2012, is the date for Miller’s attorney to make the case that the borough violated Miller’s privacy by leaking personnel documents before a lawsuit filed by media outlets.

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By Fairbanks Daily News-Miner

FAIRBANKS — A trial date has been set in a privacy lawsuit filed against the Fairbanks North Star Borough by 2010 U.S. Senate candidate Joe Miller.

Oct. 8, 2012, is the date for Miller’s attorney to make the case that the borough violated Miller’s privacy by leaking personnel documents before a lawsuit filed by media outlets, including the Fairbanks Daily News-Miner, made the documents public.

The documents, which concerned Miller’s resignation from the borough, were released Oct. 25, 2010 through separate lawsuits filed against the borough by the Fairbanks Daily News-Miner and the Alaska Dispatch during the 2010

Senate race. Miller defeated Sen. Lisa Murkowski in the August Republican primary but lost to Murkowski in November when she ran a write-in campaign.

Miller entered the court proceedings after a court consolidated the media lawsuits, alleging the borough released confidential personnel information before the court determined some of the documents were public record. He said it became public that he was ineligible to be rehired and only the borough, before the judge’s ruling, should have that information.

The borough said it has found no wrongdoing by its employees.

Though the trial is set for 2012, the issue could be resolved sooner.

In early August, the borough asked the judge to throw out the lawsuit, claiming Miller had yet to file evidence or move the lawsuit forward in the 10 months since the main claim in the initial lawsuit was resolved.

The motion for summary judgment took issue with Miller’s failure to produce any evidence and argued it didn’t matter either way because the prior ruling made the documents public record.

After nearly a year without any major developments, Miller’s attorney filed a protest to the summary judgment request in mid-September, asking for an additional 120 days to gather evidence under trial rules.

The borough’s legal department filed a response to Miller’s objection earlier this week, citing the same rule, which says extensions can’t be granted if the requesting party has procrastinated or stalled as a tactic, also known as dilatory conduct.

“For Miller to do nothing to further his case for ten-plus months and then claim a sudden need for discovery to oppose summary judgment is dilatory conduct,” the borough’s response said.

Miller’s court filings don’t explain why there has been no effort to gather initial evidence as allowed under trial rules.

The borough’s request for summary judgment will likely be resolved long before the October 2012 trial date.

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FBI said on Tuesday, Oct 11 at 8:18 AM

When the Levee Breaks....for Joe Miller, Sarah Palin, Sean Parnell...look for those search warrants...soak the papers, burn a house down, rear-end oil, hmmm...list goes on and on...

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Mike J. said on Sunday, Oct 9 at 9:16 PM

Wondering how relevant this could be, whatever will it prove, and what could it possibly change? Maybe thinking that they'll give in and pay, just to get rid of him. Then he can go off to a new crowd somewhere with another gestapo security team, and he can pretend to be importat and talk about how the local gov'ts in Alaska were out to get him.

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yep said on Saturday, Oct 8 at 6:35 PM

Good for Joe, go get them.

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Anonymous said on Friday, Oct 7 at 2:28 PM

I thought Joe was gone. Never know what is under a rock until you turn it over. Sarah palin did you turn that Rock ove?. I didn't think you did because you under the rock next door to Joe's. Hope you stay there.

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RisaB said on Friday, Oct 7 at 1:11 PM

Miller is pulling this right when there's an election next year.Think he’s getting ready to challenge Young!Young tells KTVA that Miller, at 43, is too old to gain the seniority needed to eventually be effective in the House. "I think Joe's a little old for the job. The only thing a House member has is seniority," Young says. Candidates should be "preferably somebody between the ages of 26 and 35"- and he or she should vow to serve at least 25 years.” Everyone Take Notice that he’s already set up a website to begin the campaigning for the Senate race. We must not let this happen&We Must always remember what he said & did to make us hate, distrust, and be repulsed by him in the first place! We must keep this freak pinned down.Never let him see the light of day as an elected official, for all of our sakes.

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mikey372002 said on Friday, Oct 7 at 11:55 AM

cry baby Joe, thank god we alaskans have a real Senator for this state, Oh and joe baby , we always knew you were a looser so no public records were violated in your case.

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catherine said on Friday, Oct 7 at 9:49 AM

Joe Miller is a joke. He really needs to go away. And thank God he isn't our Senator.

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Sarah said on Friday, Oct 7 at 9:36 AM

The most interesting revelation during the Miller debacle is that the law firm he worked for in Anchorage when he first came to Alaska released the statement that NOBODY was unhappy when he left the firm. This is a clue to this man’s character.

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gern blensten said on Friday, Oct 7 at 9:03 AM

good ole "honest Joe" , haha

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hahaha said on Friday, Oct 7 at 8:45 AM

Oh Joe, Sarah, Todd and Kristian cole you are all going down in a courtroom...class action lawsuit is the word now...too many folks you went after Joe Miller with a gun...little one.

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cub_driver said on Friday, Oct 7 at 8:24 AM

And to think he was almost our Senator--Whew.

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