Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet

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Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet

Postby soapboxmom » Wed Jun 13, 2012 5:35 am

2012 CV 02947 - CITY OF HUBER HEIGHTS OHIO vs DON ALLEN HOLBROOK LLC

PLAINTIFF
CITY OF HUBER HEIGHTS OHIO
6131 TAYLORSVILLE ROAD
HUBER HEIGHTS OH 45424

ATTORNEY(S)
L. MICHAEL BLY
2700 KETTERING TOWER
DAYTON OH 45423

DEFENDANT
DON ALLEN HOLBROOK LLC
9200 DALMAHOY PLACE
LAS VEGAS NV 89145

ATTORNEY(S)
SUE SEEBERGER
5975 KENTSHIRE DRIVE, SUITE D
DAYTON OH 45440-4264

3RD PARTY PLAINTIFF
DON ALLEN HOLBROOK LLC
ATTORNEY(S)
SUE SEEBERGER
5975 KENTSHIRE DRIVE, SUITE D
DAYTON OH 45440-4264

3RD PARTY DEFENDANT
HEATHER DOBROTT
AKA: SOAPBOX MOM
2518 SUNCREST DRIVE
GARLAND TX 75044-7032
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
FRANK MAURIZIO
581 CHINA STREET
PAHRUMP NV 89048-0782
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
CRAIG MALISOW
IN CARE OF THE HOUSTON PRESS
1621 MILAM STREET
SUITE 100
HOUSTON TX 77002
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
HOUSTON PRESS
DBA: HOUSTON PRESS LP
DBA: VILLAGE VOICE MEDIA HOLDINGS LLC
DBA: BACKPAGE.COM LLC
REGISTERED AGENT
NATIONAL REGISTERED AGENTS INC
300 W CLARENDON AVE SUITE 230
PHEONIX AZ 85013
1201 E. JEFFERSON STREET
PHOENIZ AZ 85034
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
PAHRUMP VALLEY TIMES
DBA: STEPHENS MEDIA LLC
DBA: STEPHENS MEDIA GROUP
P O BOX 70
LAS VEGAS NV 89125-0192
2160 E CALVADA BLVD
PAHRUMP NV 89125
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
CYNTHIA CALVERT INDIVIDUAL
1036 FIRST ST SUITE C
HUMBLE TX 77338
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
CYNTHIA CALVERT EDITOR PUBLISHER CHEIF EXEC OFFICER
OF THE TRIBUNE AKA OURTRIBUNE.COM
1036 FIRST ST SUITE C
HUMBLE TX 77338
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
TRIBUNE
AKA: OUR.TRIBUNE.COM
1036 FIRST ST SUITE C
HUMBLE TX 77338
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
JOHN AND OR JANE DOES
ATTORNEY(S)
NO ATTORNEY ON FILE

3RD PARTY DEFENDANT
DOE INC AND OR DOE LLC
ATTORNEY(S)
NO ATTORNEY ON FILE

http://www.realscam.com/f11/iedc-intern ... #post21934

http://www.realscam.com/f11/iedc-intern ... #post22382

http://www.realscam.com/f11/iedc-intern ... rook-1240/

I also own the Earthquest Facebook page:
https://www.facebook.com/pages/Earth-Qu ... 0136904264

Saopboxmom

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby wserra » Wed Jun 13, 2012 11:36 am

This really looks idiotic.

According to this news article, the city of Huber Heights, Ohio, filed the suit in Ohio state court. While I don't know Ohio procedure, a few principles are pretty much universal. First of all, while a defendant can generally counterclaim against a plaintiff over anything, a third-party action must be based on the same transaction(s) as the original complaint. In other words, in naming SBM (along with some reporters and newspapers), Holbrook would have to claim that she (and the reporters and newspapers) were somehow involved in the dealings that he had with Huber Heights, OH. Given that SBM and two of the reporter/newspapers are in Texas, and the other reporter/newspaper is in Nevada, this seems unlikely in the extreme. Good luck proving that, Don.

And then there is the question of jurisdiction. Have you been served, SBM? If not, I'd guess this is all blowing PR smoke. It's not at all easy to see how an OH state court gets jurisdiction over out-of-state newspapers and bloggers. In order to have a chance at that, again generally speaking, the plaintiff must show that the out-of-state entities somehow targeted Ohio. Good luck with that one, too.

If I had to call it, I'd say these guys will never try to serve the out-of-state third parties. They're just looking for a talking-point scapegoat. Hey, beats in the mirror.
"A wise man proportions belief to the evidence."
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Wed Jun 13, 2012 1:47 pm

Apparently, his royal highness Holbrook doesn't think newspaper reporters and bloggers are allowed to correspond with anyone without his royal highness's blessing. Americans are now to be barred from reading newspaper articles, court papers, blogs, Holbrook's own sites, videos and Facebook pages as he does not think anyone has any right to question where taxpayer dollars are going anywhere in this fine nation. I will contact whomever I please about a matter of public concern and Holbrook can simply shove it!

He is the president and CEO of the now defunct Earthquest Institute charity. That thing was funded mostly with tax dollars it turns out, though exact figures have not been released. Around 1.2 million was spent and Holbrook received. $328,000 (@185.00 an hour). For all practical purposes no charitable work was done. The few interactive green games the Texas college students worked on with Dr. Matthew Gardner were never posted to the website.

I requested all the charity's docs that are required to be made public by the IRS and Texas Non-profit Corporation Act and Holbrook refused to turn over a single page. That is when he and I went to battle. I am not in the habit of taking no for an answer.

Texas has a wonderful new law that addresses all this. We finally have an anti-Slapp law.

http://www.citmedialaw.org/legal-guide/ ... -law-texas

48. In an email dated February 29, 2012 to Don Allen Holbrook, LLC, Mr. Adams
said that he had been contacted by a reporter in a city near Houston, Texas, asking if the City had
a contract with Don Allen Holbrook, LLC and Mr. Adams said that it was a “strange
conversation”, but that he was not concerned about it because it did not pertain to the City.

49. In an email dated March 1, 2012 from Don Allen Holbrook, LLC to Mr. Jones,
Don Allen Holbrook, LLC sought to open a discussion with Mr. Jones about finance models,
assumptions, approximate costs, and other factors to be considered for financing issues.

50. Don Allen Holbrook, LLC received no substantive response from Mr. Jones to
numerous phone calls and emails to address the economic business case analysis for the final
report.

51. On March 9, 2012, the Dayton Daily News published a story that on or about
March 16, 2012, Mr. Adams would resign as City Manager after only 10 months in that position.

52. Upon information and belief, on or before March 14, 2012, defamatory, untrue,
derogatory, and false postings from internet bloggers about Don Allen Holbrook, LLC were
distributed and circulated to the City Staff and members of the City Council without any notice
to Don Allen Holbrook, LLC.

53. At a meeting on March 14, 2012 between the City and Don Allen Holbrook, LLC,
Mark Campbell, a member of the City Council, said that the City no longer wanted a relationship
with Don Allen Holbrook, LLC, did not believe that the City had received any value for the
monies paid, and demanded a full refund of all monies paid.

54. At the meeting on March 14, 2012, Don Allen Holbrook, LLC, unaware of the
defamatory and derogatory material being circulated, immediately offered to address any specific
dissatisfaction and offered to provide additional information and clarification on the findings,
conclusions, and next step recommendations within the original scope of work to continue to
move the project forward.

55. Mr. Campbell said again that the City wanted all of its money back without giving
Don Allen Holbrook, LLC any opportunity to remedy any alleged dissatisfaction, without any
specific explanation, and threatened to take legal action within 48 hours.

56. No one else from the City said anything during the meeting.

57. Upon learning later that defamatory and derogatory internet postings may have
wrongfully contributed to the City’s change in position without notice to Don Allen Holbrook,
LLC, Don Allen Holbrook, LLC sent a litigation hold letter to counsel for the City and also made
a public records request of the City asking the right to inspect and make copies of any
documents: (1) relating to Don Allen Holbrook, LLC, Don Allen Holbrook, and/or to the
Economic Development Business Case Analysis performed by Don Allen Holbrook, LLC,
including all correspondence, electronic correspondence, documentation of conversations,
meetings, notes, memoranda or other written documentation; and (2) between any member of the
City Council, the City Manager, Donnie Jones, any staff person employed by the City in
connection with Don Allen Holbrook, LLC, Don Allen Holbrook, and/or the Economic
Development Business Case Analysis performed by Don Allen Holbrook, LLC.

58. Although the City provided Don Allen Holbrook, LLC with electronic copies of
documents purportedly responding to the public records request, the City failed to provide any
records relating to any contact by a reporter in a city near Houston, Texas, asking Mr. Adams if
the City had a contract with Don Allen Holbrook, LLC and failed to provide any records from
any internet sites or bloggers exchanged between members of the City Council, the City
Manager, Donnie Jones, or any staff person employed by the City relating to Don Allen
Holbrook, LLC, Don Allen Holbrook, and/or the Economic Development Business Case
Analysis performed by Don Allen Holbrook, LLC.

59. Should it be learned through the course of these proceedings that the City
willfully withheld information that was the subject of a public records request or that the City has
spoliated or taken other steps to erase, delete, or hide evidence relating to any telephone calls
from the reporter or information from internet bloggers and websites, Don Allen Holbrook, LLC
will seek leave of this Court to supplement its Counterclaim to include a claim of spoliation of
evidence, punitive damages, and attorney’s fees and costs in this action.


So what if newspaper reporters, taxpayers and I corresponded with Huber Heights and reported on it. I told Holbrook to pony up a false statement of fact or shove it very publicly. He and his bully of an attorney haven't yet produced a single one made by any of the third party defendants after repeated requests. Why would any judge buy into this nonsense?

http://blogs.houstonpress.com/hairballs ... hquest.php

After Holbrook came in and masterminded the failed Earthquest resort and theme park costing the taxpayers of Texas millions of dollars while he traveled and lived on the taxpayers dime like a king, you can bet I am going to speak out about it!

Soapboxmom
Last edited by soapboxmom on Thu Jun 14, 2012 1:23 am, edited 1 time in total.

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Wed Jun 13, 2012 2:17 pm

The really amusing part about all this is anything passed around, posted, discussed or brought up by anybody anywhere was all publicly available online. Maybe, Holbrook should go for the gold and try to take out Google. Wouldn't want anyone with an IQ exceeding their shoe size to search Don Holbrook, now would we???

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Wed Jun 13, 2012 4:43 pm

Here are a few of the juicier articles Holbrook apparently has taken offense to:

http://www.ourtribune.com/article.php?id=13452

http://www.houstonpress.com/2012-04-12/ ... ment-park/

And, good news, the HP article comes with a drinking game included!

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Thu Jun 14, 2012 12:39 am

Holbrook has been going bananas online. Here he attacks the Ohio plaintiffs that sued him. I wonder if his attorney has been reading him?

http://economicdeveloper.wordpress.com/ ... liticians/

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Sat Jun 16, 2012 9:04 pm

Here is the actual filing I received today. His Royal Highness and Lord of the internet, Don Allen Holbrook, has not approved of anyone reading or disseminating this message. :roll:

http://www.realscam.com/f11/iedc-intern ... #post23140

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby wserra » Sun Jun 17, 2012 2:15 pm

Some thoughts follow on the third-party complaint (caution: 15M file) Holbrook made against SBM and a host of others. Note 1: SBM, I don't suggest that you answer these questions in a public forum. Note 2: I don't know Ohio law, but some principles are pretty much universal.

(1) What is the basis for Ohio jurisdiction over the out-of-state third-party defendants? Holbrook sets out his version in ¶ 11, basically saying that all these miscreants said nasty stuff about him on "the internet", which nastiness "they knew or had reason to know would be seen ... in Ohio". That doesn't strike me as enough. If it were, then one could sue in Ohio over anything ever put anywhere online. Most places require that a plaintiff show that the online comments specifically target an in-state audience. There are constitutional issues to hauling someone across the country to respond to allegations in a jurisdiction with which the defendant lacks minimum contacts.

Holbrook alleges (¶¶ 11-12, 27-28) that Craig Malisow of the Houston Press actually contacted officials of Huber Heights. That may or may not be enough, depending on what he did (just asking questions, for example, would likely not be enough). However, the detail about Malisow's contacts only serves to heighten the absence of such contacts from the others.

(2) In what appears to be an attempt to get around the lack of Ohio jurisdiction, the complaint repeatedly refers to the defendants' alleged attempts to "take advantage of search engine optimization algorithms". How did they do this, something for which folks pay a lot of money to dubious effect? Why, by posting on blogs.

Anybody remember the epic Usenet exchanges between James "Kibo" Parry and Archimedes Plutonium? Now, agreed, Kibo was very bright and a funny and effective writer, while Archie was an original SFB, so the exchanges were hardly fair. Still, Archie was constantly whining about his enemies' "search engine bombing". Kibo finally wrote a response specifically to that claim. While I can't find it, remembering it still makes me laugh, after twenty-some years.

Is Don Holbrook an avatar of Archie Plutonium?

(3) As I posted above, a third-party complaint, unlike a counterclaim, must be related to the transaction in the original complaint. Holbrook can't just sue for defamation in an unrelated action. He must therefore show that the third-party defendants somehow induced Huber Heights to sue him, breach a contract, whatever. Arguably, again depending on the details, Malisow's conversation(s) could be enough. However, Holbrook doesn't even allege that Huber Heights officials saw the posts SBM made or the articles the defendants wrote. Indeed, he sets out (¶ 38) that they apparently deny having done so. As to everyone with the possible exception of Malisow, the complaint doesn't allege a permissible third-party cause of action.

(4) Were the out-of-state defendants actually served in a manner Ohio law permits? In most places, mail (even certified, return receipt) isn't enough.

This certainly looks like a SLAPP. It's too bad Ohio doesn't have an anti-SLAPP statute.
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Sun Jun 17, 2012 4:53 pm

http://www.citmedialaw.org/legal-guide/ ... tial-truth

http://www.citmedialaw.org/legal-guide/ ... mation-law

http://www.citmedialaw.org/legal-guide/ ... privileges

http://www.citmedialaw.org/legal-guide/ ... licFigures

http://www.ohiolegalservices.org/public ... ndact_view

There is some general info related to defamation and libel law in Ohio. Poor Holbrook might now finally understand that he is not likely going to be adjudicated to be a private citizen.

The whining about posting and reposting each others stuff has me in stitches. I have been discussing Earthquest on a number of sites that have threads devoted to the topic. So what??? It doesn't generate a dime for me or the site I admin for. I am just chatting with others interested in the Earthquest debacle. The newspaper articles are a wonderful source of factual information and I always share the articles anywhere they relate to the ongoing discussions. Doh!

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby Cathulhu » Sun Jun 17, 2012 4:57 pm

In life, we're known for the quality of both our friends and enemies. Soapboxmom, you can certainly be proud of yours.
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Sun Jun 17, 2012 5:02 pm

https://www.facebook.com/photo.php?fbid ... =3&theater

That is the party Holbrook's wife threw for his 50th birthday. Frank McCrady the president and CEO of the East Montgomery County Improvement District, his wife and the board president Leon Cubillas among others associated with the Earthquest debacle were in attendance. Holbrook made these public on Facebook and I merely shared them (via the share button) with the Earthquest Facebook page that I now own. Holbrook's comment on the first picture is comedic gold:

Frank McCrady has too much fun doing this stuff it should be illegal, sometimes it might come close so we just reinvent the rules!The worlds foremost Green Technology Sustainability Center and Thematic Destination By: Don Holbrook


We have been having quite a debate whether people dancing on tables are sober or perhaps just a bit inebriated. I did offer to start a poll. :lol:

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby Judge Roy Bean » Sun Jun 17, 2012 5:28 pm

wserra wrote:Some thoughts follow on the third-party complaint (caution: 15M file) Holbrook made against SBM and a host of others. Note 1: SBM, I don't suggest that you answer these questions in a public forum. Note 2: I don't know Ohio law, but some principles are pretty much universal.

(1) What is the basis for Ohio jurisdiction over the out-of-state third-party defendants? Holbrook sets out his version in ¶ 11, basically saying that all these miscreants said nasty stuff about him on "the internet", which nastiness "they knew or had reason to know would be seen ... in Ohio". That doesn't strike me as enough. If it were, then one could sue in Ohio over anything ever put anywhere online. Most places require that a plaintiff show that the online comments specifically target an in-state audience. There are constitutional issues to hauling someone across the country to respond to allegations in a jurisdiction with which the defendant lacks minimum contacts.


At first read, the allegation seems to be that upon finding Holbrook was performing work for the Ohio entity, the defendants conspired to post the allegedly defamatory information AND then have the news media participants contact the folks in Ohio, knowing they in turn would, as a matter of course, Google for information. And there is no reason to believe that information would not show up in Ohio.

wserra wrote:Holbrook alleges (¶¶ 11-12, 27-28) that Craig Malisow of the Houston Press actually contacted officials of Huber Heights. That may or may not be enough, depending on what he did (just asking questions, for example, would likely not be enough). However, the detail about Malisow's contacts only serves to heighten the absence of such contacts from the others.

(2) In what appears to be an attempt to get around the lack of Ohio jurisdiction, the complaint repeatedly refers to the defendants' alleged attempts to "take advantage of search engine optimization algorithms". How did they do this, something for which folks pay a lot of money to dubious effect? Why, by posting on blogs.


My opinion is that counsel for Holbrook is simply attempting to embellish the theory of alleged conspiracy.

wserra wrote:Anybody remember the epic Usenet exchanges between James "Kibo" Parry and Archimedes Plutonium? Now, agreed, Kibo was very bright and a funny and effective writer, while Archie was an original SFB, so the exchanges were hardly fair. Still, Archie was constantly whining about his enemies' "search engine bombing". Kibo finally wrote a response specifically to that claim. While I can't find it, remembering it still makes me laugh, after twenty-some years.

Is Don Holbrook an avatar of Archie Plutonium?

(3) As I posted above, a third-party complaint, unlike a counterclaim, must be related to the transaction in the original complaint. Holbrook can't just sue for defamation in an unrelated action. He must therefore show that the third-party defendants somehow induced Huber Heights to sue him, breach a contract, whatever. Arguably, again depending on the details, Malisow's conversation(s) could be enough. However, Holbrook doesn't even allege that Huber Heights officials saw the posts SBM made or the articles the defendants wrote. Indeed, he sets out (¶ 38) that they apparently deny having done so.


As would anyone with more than a few months of experience in local development matters, especially where an official has resigned and a contract cancelled. Keep in mind, if a conspiracy is involved, without an admission from one of the participants, it is extremely difficult to prove. People who get into trouble in such political realms rarely face any serious difficulty unless they wind up lying to a Federal authority.

wserra wrote:As to everyone with the possible exception of Malisow, the complaint doesn't allege a permissible third-party cause of action.

(4) Were the out-of-state defendants actually served in a manner Ohio law permits? In most places, mail (even certified, return receipt) isn't enough.

This certainly looks like a SLAPP. It's too bad Ohio doesn't have an anti-SLAPP statute.


As with all civil matters, sometimes the first volley is designed not to get the parties before a judge, but to maneuver into a settlement and public retraction. The fact that a public entity in the business of spending public funds on "development" is at the heart of it only makes it more interesting.
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Sun Jun 17, 2012 7:02 pm

http://www.realscam.com/f11/iedc-intern ... #post20362

There is the link to the C & D his attorney sent me a while back. I posted it publicly and answered her publicly. I told them I would not send her a shred of paper. And, since my posts are facts, truth and opinion I did not stop posting. I also informed that lady I would not paying an attorney so she could amuse herself. I instructed her publicly to produce the provably false statements of fact or bug off. I will remove, edit, retract and/or apologize for something of that nature. She seems to operate under the theory of sue first and actually check things out later. Sanctions anyone????

A conspiracy to share information so blogs and articles would be accurate, fair and balanced. God forbid the news media, journalists and bloggers contact one another and other needed sources so that the truth may prevail.

Here is Holbrook's personal diatribe. There are dozens of threatening posts across the net where he warned people not to join the conspiracy and dare to speak out about Earthquest and him because he was naturally going to sue the pants off anyone with an opinion mind you. He doesn't handle mad taxpayers whose money he has spent very graciously.

http://economicdeveloper.wordpress.com/ ... -internet/

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby Judge Roy Bean » Mon Jun 18, 2012 12:17 am

soapboxmom wrote:http://www.realscam.com/f11/iedc-international-economic-development-council-rogue-member-don-holbrook-1240/index7.html#post20362

There is the link to the C & D his attorney sent me a while back. I posted it publicly and answered her publicly. I told them I would not send her a shred of paper. And, since my posts are facts, truth and opinion I did not stop posting. I also informed that lady I would not paying an attorney so she could amuse herself. I instructed her publicly to produce the provably false statements of fact or bug off. I will remove, edit, retract and/or apologize for something of that nature. She seems to operate under the theory of sue first and actually check things out later. Sanctions anyone????


I would suggest that sanctions are HIGHLY unlikely in such matters.

soapboxmom wrote:A conspiracy to share information so blogs and articles would be accurate, fair and balanced. God forbid the news media, journalists and bloggers contact one another and other needed sources so that the truth may prevail.


Ah ... the real crux of the issue. There seems to be a variance of opinion about what "truth" is.

Please understand, I'm not defending Holbrook and as someone who knows little or nothing about the issues over which the defendants seem to have been so exercised, I would only suggest that there is a major difference between facts or allegations and evidence that would be considered proof in a trial setting.

Realize just because John Doe was paid $2,000,000 for a weeks worth of "consulting" on a controversial project does not mean his opinion was worth the money, it is just a fact. The problem occurs when a fact is looked at and judgements are made about it. For example, we now know Newt Gingrich was paid as a consultant to Freddie Mac; if you believe he wasn't a hired gun lobbyist you're confused but no one has proven that, which in today's anti-conservative journalism environment means no one can - yet; they would if they could and IMHO the only reason they haven't is he's no longer a factor in the election.

Proof is a tricky thing.

soapboxmom wrote:Here is Holbrook's personal diatribe. There are dozens of threatening posts across the net where he warned people not to join the conspiracy and dare to speak out about Earthquest and him because he was naturally going to sue the pants off anyone with an opinion mind you. He doesn't handle mad taxpayers whose money he has spent very graciously.

http://economicdeveloper.wordpress.com/ ... -internet/

Soapboxmom


One thing for sure, he's seriously confused about freedom of speech issues. Having said that, I don't think we're going to have the kind of free-for-all the current environment allows for too many more years.
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Mon Jun 18, 2012 12:53 am

Sanctions are quite fun. When Tim Darnell sued me and lost, he and his attorney didn't bother to attend the Summary Judgment hearing. Judge Carl Ginsberg most cheerfully signed the SJ Motion. He then asked my attorney if he had anything else for him to sign. Kita asked his Honor if he was referring to a Motion for Sanctions. Bingo on that one. He submitted one a few days later. Darnell would have been sanctioned that day if we had had the motion already prepared. So, there is always hope!

Holbrook is perfectly clear on freedom of speech, or so he thinks. The Lord and master of the internet is quick to attack people who dare question or discuss him, but no one else is allowed to read anything or comment without his permission judging from his numerous online meltdowns.

Don Holbrook has been knighted:
http://www.smotj.org/about_us/index.html
We are a modern Christian Order of Knighthood dedicated to:

Seeking God in our lives and promoting love and respect for our community.
Increasing understanding between religions, helping pilgrims visit holy places, and maintaining a Christian presence in the Holy Land.
Supporting the poor, sick, and unjustly accused; standing against oppression, and protecting freedom of speech.
Encouraging the noble ideas of Chivalry; maintaining the monuments, archives, and history of the Knights Templar......
The Order recognizes the Constitution and statutes of the United States and of its several States as sovereign and temporally supreme public law.

Knight Holbrook is sure doing a swell job of protecting freedom of speech!!

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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby Judge Roy Bean » Mon Jun 18, 2012 3:19 am

soapboxmom wrote:...

Don Holbrook has been knighted:
http://www.smotj.org/about_us/index.html
We are a modern Christian Order of Knighthood dedicated to:

Seeking God in our lives and promoting love and respect for our community.
Increasing understanding between religions, helping pilgrims visit holy places, and maintaining a Christian presence in the Holy Land.
Supporting the poor, sick, and unjustly accused; standing against oppression, and protecting freedom of speech.
Encouraging the noble ideas of Chivalry; maintaining the monuments, archives, and history of the Knights Templar......
The Order recognizes the Constitution and statutes of the United States and of its several States as sovereign and temporally supreme public law.

Knight Holbrook is sure doing a swell job of protecting freedom of speech!!

Soapboxmom


Now that you mention it, I actually know one member of the order who is of unimpeachable credentials from both a military and business standpoint. If Holbrook could actually call on people of that caliber from the organization to vouch for him it would pose an interesting challenge.
The Honorable Judge Roy Bean
The world is a car and you're a crash-test dummy.
The Devil Makes Three

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soapboxmom
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Mon Jun 18, 2012 3:37 am

Benjamin Franklin had it as "the rotten apple spoils his companion," which goes back to Shakespeare's time.

I think the theory that there is a bad apple in every bunch applies here. If they had checked Holbrook out more carefully, I doubt he would never have been knighted. I, of course, took the liberty of sharing with them just how Holbrook is out valiantly defending the poor and sick and protecting the right to freedom of speech with unparallelled gusto.

Think of all the people he has raised up with his economic development projects that have gone nowhere while traveling across the globe in style and dining at the finest restaurants all on the taxpayers dime. Holbrook's sacrifice is completely overwhelming! :roll:

Thankfully, my exceptionally talented co-defendant has documented it and it has gone viral!!!

http://www.ourtribune.com/article.php?id=13452

Soapboxmom

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wserra
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby wserra » Mon Jun 18, 2012 12:43 pm

Judge Roy Bean wrote:At first read, the allegation seems to be that upon finding Holbrook was performing work for the Ohio entity, the defendants conspired to post the allegedly defamatory information AND then have the news media participants contact the folks in Ohio, knowing they in turn would, as a matter of course, Google for information.


What you just wrote is far more detailed than the complaint. Moreover, personal jurisdiction depends on that conspiracy, because otherwise there is no Ohio-centered activity by anyone but allegedly Malisow. This may be one of those cases where a hearing is necessary to determine jurisdiction. While I don't know if such a thing exists in Ohio, I assume it does. See Visual Sciences, Inc. v. Integrated Communications Inc., 660 F.2d 56 (2nd Cir. 1981).

And there is no reason to believe that information would not show up in Ohio.


Of course not. There is no reason to believe that any part of the internet wouldn't show up in Ohio. That's not the standard.

Keep in mind, if a conspiracy is involved, without an admission from one of the participants, it is extremely difficult to prove.


Perfectly true, and the problem of the side that has the burden - the plaintiff.

As with all civil matters, sometimes the first volley is designed not to get the parties before a judge, but to maneuver into a settlement and public retraction.


Something anti-SLAPP statutes are helpful in avoiding. Unfortunately, Ohio lacks one.
"A wise man proportions belief to the evidence."
- David Hume

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soapboxmom
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Tue Jun 19, 2012 3:32 pm

http://www.realscam.com/f11/iedc-intern ... #post21014

http://www.realscam.com/f11/iedc-intern ... #post21016

Holbrook was hired by Red Wing in 1996 and subsequently fired. Of course, as the posts show there are numerous conflicting stories about this. The court records are no longer available as they are so old, so Holbrook seems to thinks he can spin the story any way he pleases. Unfortunately for him, the minutes from the Red Wing meeting about this are available:

http://www.realscam.com/f11/iedc-intern ... #post20999

http://www.realscam.com/f11/iedc-intern ... #post21000

Holbrook's argument that La Salle authorized him to use designations for degrees that were never conferred on him is patently ridiculous. It seems obvious to me he was fired for his resume issues and it went to court and he possibly won because they did not fire him in the manner specified in his contract and refused him unemployment. Since the court records are not available all this will have to be cleared up in discovery with requests to Red Wing and the attorneys involved. That should prove very interesting!

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soapboxmom
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Re: Don Allen Holbrook LLC Sues Soapboxmom & Half of the Pla

Postby soapboxmom » Tue Jun 19, 2012 4:25 pm

http://www.realscam.com/f11/iedc-intern ... #post20569

Holbrook has in fact been involved in several legal adventures. He ran up a 1.29 million dollar bill with Nixon Peabody of Boston and that debt was listed in his 2007 chapter 7 bankruptcy and ultimately discharged in 2010. What in the world was he up to that ran up a bill like that??? More gold for discovery I imagine.

And, how in the heck does a guy with 100s of successful projects worth billions of dollars that created 50,000 jobs end up wallowing in bnakruptcy like he does. He is in chapter 11 in Nevada right now after being paid around 1.2 million by Earthquest and its defunct charity related things from 2007-2010.

http://www.realscam.com/f11/iedc-intern ... #post20413

Holbrook's attorney demanded reports I had sent in to the authorities, so I humored her and published this one:

http://www.realscam.com/f11/iedc-intern ... #post20457

Soapboxmom


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