UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

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

PLAINTIFFS’ RESPONSE TO MOTION

FOR EXTENSION OF TIME TO FILE ANSWER

Plaintiffs, Daniel Parisi, Whitehouse.com Inc., Whitehouse Network LLC, and White

House Communications Inc. (collectively referred to as “plaintiffs”), respond to the belatedly

filed motion for an extension of time to answer the complaint filed by Lawrence W. Sinclair

a/k/a Larry Sinclair) (“Sinclair”) and his self-publishing corporation, Sinclair Publishing, Inc.

(“SPI”). (Dkt. No. 14). The complaint arises from Sinclair’s book, entitled “Barack Obama and

Larry Sinclair: Cocaine, Sex, Lies and Murder?” In the book, Sinclair, a convicted criminal (Ex.

A), makes wild and defamatory statements about the plaintiffs.

ARGUMENT

Plaintiffs filed this case on May 28, 2010, and Sinclair and SPI were served on June 7,

2010. (Dkt. Nos. 3, 4). Those defendants had until June 28, 2010 to file their answer. In

response to a request, plaintiffs’ counsel stated that he would discuss an appropriate extension of

time with counsel for Sinclair and SPI. (Dkt. No. 14 Ex. 1). However, it appears that Sinclair

has made no serious effort to find counsel for himself and SPI. On June 29, one day after their

answer was due, Sinclair and SPI filed a motion to extend. It should be denied.
 First, Sinclair signed the motion on behalf of SPI, a Florida corporation. (Ex. B). He is

not an attorney, let alone a member of the Bar of this Court. It is well-established that a

corporation cannot appear pro se and must be represented by counsel. See, e.g., 29 U.S.C. §

1654; Rowland v. California Men’s Colony, 506 U.S. 194, 202 (1993); K.M.A., Inc. v. Gen.

Motors Acceptance Corp., 652 F.2d 398, 399 (5th Cir. 1981); Palazzo v. Gulf Oil Corp., 764

F.2d 1381, 1384-86 (11th Cir. 1985); Flynn v. Thibodeaux Masonry, Inc., 311 F. Supp. 2d 30, 37

(D.D.C. 2004); Lennon v. McClorey, 3 F. Supp. 2d 1461, 1462 n.1 (D.D.C. 1998). Because SPI

is not so represented, its motion should be denied.

Second, Sinclair and SPI’s motion indicates that they need additional time to find

counsel. However, the motion does not recite that they have made any effort to do so or have

tried and been unable to retain counsel. Absent such a showing and given plaintiffs’ willingness

to agree to an appropriate extension to counsel,1 it is reasonable to conclude that Sinclair and SPI

are seeking the additional time merely to delay this case. Delay is particularly inappropriate

here, where Sinclair and SPI have publicly accused plaintiffs and plaintiffs’ counsel of lying and

other nefarious conduct since the complaint in this case was filed. (Ex. C).2

CONCLUSION

For all the foregoing reasons, the motion for an extension of time should be denied.

1
Plaintiffs have agreed to extensions requested by defendants Barnes & Noble and
Books-A-Million.
2
Sinclair's website also includes an unauthorized use of the copyrighted photograph of
plaintiffs' counsel. (http://www.larrysinclair.com/Parisi-v-Sinclair.html).

-2-
Dated: June 29, 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)

Attorneys for Plaintiffs

Of Counsel:

Kevin M. Bell (Bar No. 14382)

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

5102877

-3-
 CERTIFICATE OF SERVICE

I hereby certify that on June 29, 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

email and first class mail:

Lawrence W. Sinclair
Sinclair Publishing, Inc.
9 Spring Drive
Port Orange, FL 32129
larry@larrysinclair4congress.com

Sinclair Publishing, Inc.

9 Spring Drive
Port Orange, FL 32129
sinclairpublishinginc@sinclairpublishingllc.com

s/ Richard J. Oparil
Richard J. Oparil (DC Bar No. 409723)

5102877
Exhibit A
Obama accuser has long rap sheet - POLITICO.com Print View http://dyn.politico.com/printstory.cfm?uuid=9B8B4B53-3048-...

Obama accuser has long rap sheet

By: Ben Smith
June 18, 2008 07:58 AM EDT

Larry Sinclair is wanted in Colorado, but you can catch him today at the National Press
Club.

Sinclair is familiar to political junkies and reporters as the source of outlandish allegations
about Senator Barack Obama, tales that began with sex and drugs and moved on to
murder.

The Duluth, Minn., resident is the sort of figure who appears at the margins of every
presidential campaign, and both Presidents George W. Bush and Bill Clinton had their own
obscure accusers with dramatic allegations. But as the old media ignores him, Sinclair has
taken full advantage of the Internet, and a video in which he makes his claims that have
been viewed more than 900,000 times on YouTube.
This afternoon, he's reserved the Holeman Lounge at downtown Washington's National
Press Club
to try to lend his story the legitimacy that comes with national media attention.

Sinclair's biography, though, may get in the way of that pitch: Public records and court
filings reveal that he has a 27-year criminal record, with a specialty in crimes involving
deceit. The record includes forgery charges in two states, one of which drew Sinclair a
16-year jail sentence. The Pueblo County, Colo., Sheriff's Office also has an outstanding
warrant for Sinclair's arrest for forging an acquaintance's signature and stealing her tax
refunds.

"It is what it is," said Sinclair's spokesman, Montgomery Blair Sibley, of his client's criminal
record. "He's not hiding from it, he's not denying it."

Sinclair has, however, addressed elements of his criminal past

See also on his own blog and in court filings punctuated by unusual
spellings and capitalizations.
Don't expect Gore on the
campaign trail Addressing the Pueblo County theft charges, Sinclair swore in
McCain plays with fire on a 2004 affidavit that his "ALLEGED VICTIM SEEKS TO USE
offshore drilling DEFENDANT AS SCAPE GOAT FOR HER HUSBANDS AND
Now in production: Senate BROTHERS PROBLEMS WITH MEXICAN DRUG
majority DEALERS."

Sinclair's affidavit, which he posted to his blog, accompanied a

request to a Colorado judge to dismiss the warrant on the grounds that Sinclair was
"disabled with [a] severe spine injury and nerve damage," that returning to Colorado would
put his life in danger, and that he was "terminally ill."

Sinclair, who is still alive, is 46, stands 5'7", and weights 168 pounds, according to arrest

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records. Colorado records list him with 13 aliases, including "Larye Vizcarra Avila" and
"Mohammed Gahanan." His story has generally been ignored by the mainstream media,
because he's been unable to substantiate his allegations. He has come to public attention
recently, however, because his planned appearance at the National Press Club drew
complaints from a wide array of prominent liberal bloggers, led by Firedoglake's Jane
Hamsher. Their petition to prevent Sinclair from renting space at the club – which bloggers
feared would lend him credibility – drew more than 11,000 signatures.

Press Club President Sylvia Smith said Sinclair had rented space at the club, which doesn't
censor speakers.

"I'm not aware that we've ever turned anybody away for content," she said, adding that
Sinclair's allegations "don't seem very credible."

Politico isn't reprinting Sinclair's allegations because they are unsubstantiated.

This February, the website Whitehouse.com reportedly offered Sinclair $100,000 if he could
pass a polygraph test verifying his claims. He took them up on it, and the site said in a
press release that the polygraph organizers said his results "indicated deception." Sinclair
then suggested the polygraph's sponsors had been bribed to skew the results against him,
an allegation his lawyer, Sibley, said he would expand on at his press conference.

Sibley is best known as the lawyer for the "D.C. Madam," the late Deborah Jeane
Palfrey. Earlier this year, the Florida Bar Association suspended Sibley's license to practice law,
in part for being a "vexatious litigant," a suspension that applies in Washington, D.C., as well.

Wednesday, Whitehouse.com has scheduled a competing press conference outside the

National Press Club to discuss the results of the polygraph.

Sinclair's brushes with the government long predate his recent interest in Senator Obama.
The details of his criminal record surfaced after he filed a defamation suit in federal court in
Washington, D.C., against three anonymous online critics with names like TubeSockTedD
who had written, among other claims, that he was living in a mental institution at the time he
allegedly met Obama. Sinclair denies the claim.

In response to his suit, a lawyer for the anonymous bloggers hired local attorneys and
private investigators, and dug up details of Sinclair's criminal record from Colorado, Florida,
and South Carolina. The lawyer, Paul Levy of the nonprofit Public Citizen Litigation Group,
provided his client's filings in federal court, which are publicly available, to Politico.

The records tell the story of an itinerant life of small-time crime and bad checks, punctuated
by stretches of jail time in two states.

He was first arrested on a larceny charge in 1981 in Denver, according to his Colorado arrest
record, as filed in federal court. In 1985, he was convicted of theft and of forging a check in
Florida, and sentenced to a year in jail, according to Florida records filed in federal court.

After the Florida episode, according to the records, he returned to Colorado, where he
faced check fraud and credit card charges in 1986. Then, in 1987, he was convicted in
Colorado on more serious forgery charges, and sentenced to 16 years in jail.

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In prison, according to state records filed in federal court, Sinclair was disciplined 97 times for
infractions including assault, threats, drug possession, intimidation, and verbal abuse, most
recently in
1996.

"He has not institutionalized well," a spokeswoman for the Colorado Department of
Corrections, Liz McDonough, told the Denver Post in 1996 after a month-long Sinclair
hunger strike. She said he had served time in prisons in Buena Vista, Delta, Limon and
Canon City before being transferred to the state's maximum security penitentiary in 1993.

In the summer of 1996, according to Colorado's state court database, he began

proceedings to formally change his name from LA Rye Viz. Avila to Larry Wayne Sinclair. By
1999, according to a mention in a local newspaper, he was out of jail and living in Pueblo,
Colo.

The Public Citizen investigator in Colorado stated that Sinclair's outstanding legal troubles there
appear to date from 2001, and that Sinclair's effort to convince the judge in 2004 to dismiss
those charges failed. The Pueblo County Sheriff's website, which pictures Sinclair under the word
"Wanted," cites felony theft and forgery charges.

Sinclair was also arrested and charged with disorderly conduct in South Carolina last
September, according to state records filed in federal court.

Sinclair has said that he tried to contact Obama in 2007 to discuss his claims and was
ignored, forcing him to go public. On January 18, 2008, a one-minute-and-42-second video
was posted to YouTube. It features Sinclair, speaking in a high voice and wearing a red shirt
and blue baseball cap, reciting his allegations and addressing Obama.

"I challenge you to take a polygraph test," he says in the video.

Since then, he's promoted and elaborated on his claims, and engaged in intense online
exchanges with infuriated Obama supporters on his blog and in federal court, where Sinclair
and Sibley's defamation claim has suffered a series of legal setbacks.

Obama's spokesman declined to comment on any aspect of Sinclair's story, or his

appearance at the press club.

Despite the warrant for Sinclair's arrest, he appears likely to stay out of jail, as long as he
stays out of Colorado. Pueblo County Undersheriff J.R. Hall said that the warrant doesn't
allow for extradition from out of state.

"I doubt very seriously we're going to be in that jurisdiction tomorrow," Undersheriff Hall said
of Washington, D.C.

Sinclair's notoriety, and his scheduled press conference, however, has drawn the interest of
the Colorado authorities.

"We've notified the Federal Bureau of Investigation, and they will investigate," Hall said.

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Disclosure: Public Citizen, which represents the bloggers Sinclair sued, also represents Ben
Smith in an unrelated case.

© 2010 Capitol News Company, LLC

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Exhibit B
Exhibit C
Home http://sinclairpublishingllc.com/

Home About Us Book Exhibits Titles SP, Inc Authors

Wholesale Orders Contact Us

Sinclair Publishing, Inc

NOTICE
Barack Obama & Larry Sinclair: Cocaine, Sex, Lies & Murder? has TEMPORARILY been removed from the
distribution channels. This action is the result of a baseless Civil Complaint filed in U.S. District Court for
the District of Columbia by the DC Law Firm Patton Boggs, LLP on behalf of Daniel Parisi and
Whitehouse.com (the former internet porn site)
Published June 16, 2010

On June 15, 2010, exactly one year to the day that Barack Obama & Larry Sinclair: Cocaine, Sex, Lies & Murder? was published, our distributor
notified Sinclair Publishing, Inc that the book "...has been temporarily pulled from distribution." Ingram Content Group was served with an identical
civil complaint by Daniel Parisi and Patton Boggs LLP on June 10, 2010. The Cease & Desist letter of the same date from Patton Boggs makes it
clear counsel for the Plaintiff is using the same internet warriors that Paul Levy of Public Citizens Litigation Group used to attack and spread false
claims.

In the Parisi complaint, Richard Oparil of Patton Boggs makes claims that are complete and utter lies:

1. Oparil's claim that Larry Sinclair ever agreed to put Dan Parisi in contact with the limo driver is out right false. This claim, made by Dan Parisi in
Feb 2008 was quickly demonstrated to be an outright LIE.

2. Oparil's claim that Larry Sinclair or the Book Barack Obama & Larry Sinclair: Cocaine, Sex, Lies & Murder? accuses Dan Parisi of being involved
in the cover up of a murder IS AN OUT RIGHT LIE! Nowhere in the book nor anywhere else have Larry Sinclair ever made any such claims in regards
to the murder of Donald Young.

3. Oparil's claim that the polygraph by Edward Gelb was corroborated by another examiner in Gelbs office on Feb 22, 2008 is interesting considering
that Edward Gelb, Dan Parisi and Parisi assistant Robert Braddock ALL stated in Gelb's office on 2-22-2008 that the results of the exam would NOT
BE KNOWN until Monday (2-25-08) at the earliest. So someone is lying here.

4. Whitehouse.com did not shut down in 2008 due to the statements in Larry Sinclair's book, considering the book was not published or available
until June 15, 2009. Whitehouse.com has been scrubbed prior to the filing of this complaint but some very interesting posts have been located that
will show Plaintiffs have out right lied in their complaint.

Larry Sinclair & Sinclair Publishing, Inc will fight Parisi's baseless suit.

Parisi v Ingram Complaint Cease & Desist Ingram

Dan Parisi & Patton Boggs, LLP Have Filed Suit : Let the Ride and Discovery Begin
Today, June 7, 2010 @ 7:55 PM I was served "Summons in a Civil Action" filed in the United States District Court for the District of Columbia,
"Daniel Parisi, et al, v Lawrence W. Sinclair, et al. Case number 1:10-cv-0897-RJL (the RJL being District Judge Richard J. Leon (left) who the case
was assigned to.

The claims by Parisi in this action are laughable in that he claims he has been slandered by my writing in Barack Obama & Larry Sinclair: Cocaine,
Sex, Lies & Murder? that he was an "internet porn merchant and pornographer."
For any DC Law Firm to attempt to argue Parisi is not a pornographer is laughable. After reading the complaint I can say with confidence Patton
Boggs will NOT prevail and I am making it clear here and now that we will counter sue Parisi and demand all phone, financial, email, web site
comments, posts etc for Parisi, Axelrod, Obama for America, Barack Obama, Edward Gelb, and so much more.

I stand by every word in the book and if anyone has been assaulted, libeled and slandered I believe a jury will find that person to be me, not Parisi.

Parisi v Sinclair Complaint

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Home http://sinclairpublishingllc.com/

Obama & LarrySinclair:

Sinclair Left. Cocaine, Sex,
affair Lies
that led
sidelined, & Murder?
to murder?
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and Angela find you
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more thanwould
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of an individual? Would the deed or would you withhold
had planned on
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These are questionsmurder of Colonel
that Cathy Billings must answer in the suspense novel,
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and the mysterious melody that is heard by all Barack Obama …Go Tell Aunt R…
of the inn’s guests each midnight. When The Lawrence W Sincl…Thornton Parsons …
Cathy, a CNA at Shepherd-of-the-Hills Nursing Home, refinishes furniture in
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her garage as a hobby. When her husband, Harry, brings her an old chest of
found murdered in the Confederate Room, is it
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guests? Amateur The diary piques Cathy's interest, and
sleuth Bonnie
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certain that shewith it, unravel
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what has happened
mysteries of The Magnolias,to Lynettethe and her family. Aided by her co-worker and
haunting
best friend,
music, Gigi,
and the Cathyofembarks
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own valuessleuthing brings When
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family's
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beautiful backdrops of Chattanooga, Tennessee and LaFayette, Georgia,
Go Tell Aunt Rhody chronicles the journeys of two women, separated by
decades, and the choices that they make when faced with adversity. Each,
guided by the Cosmos, must make her own way into the unknown, despite
the consequences.

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