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Agbimson v. Handy

Libel Action's Defendants Denied Summary Judgment; Statements in Letter Actionable

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OPINION & ORDER Plaintiff Eugene Agbimson brings this defamation action against Defendants Carlos Handy (“Handy”) and Mary Jane Hancock (“Hancock,” and together, “Defendants”). Agbimson alleges that Defendants libeled him by publishing a letter that he claims accused him of mismanaging trust assets and embezzling funds. Defendants move for summary judgment dismissing this action. For the reasons that follow, Defendants’ motion for summary judgment is denied. BACKGROUND The action arises out of internecine squabbling over the Estate of W.C. Handy, a blues musician, composer, and songwriter known as the “Father of the Blues.” (Pl.’s 56.1, ECF No. 53, 7.) The parties’ sprawling 200-paragraph Rule 56.1 statement is larded with barbs and accusations concerning the alleged mismanagement of the Handy Estate’s assets. It is not “a short and concise statement” of “material facts.” (Local Civ. R. 56.1 (emphases added).) I. The Parties and Origins of the Dispute In 1994, Agbimson began serving as the accountant for the Handy Brothers Music Company (the “Company”). (Pl.’s 56.1,

7, 8, 11.) His professional engagement expanded to include the W.C. Handy Trust in 2003 (the “Trust,” and together with the Company, the “Estate”). (Pl.’s 56.1,

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