Matt Carns Trinity Medical Solutions FRAUD THEIF Fail to deliver...lies Arvada Colorado
01/12/2009-01/19/2009
Questions and answers with Matt Carns, owner of Trinity Medical Solutions on lasers. Saw one I ebay I wanted. Went back and forth for an off-ebay sale. He took so much off the price. I wanted to pay with Paypal. Guess what??? If I DIDN'T pay through Paypal, he'd take even more off the price. I wanted to use two charge cards. He couldn't do that, he could only do one (now I wonder if he'd ever take a charge card). It would be best if I wired the moneyplus, it will make things so much faster. (I am really not this dumbbut I did itoh wait, guess I really am this dumb then.)
Also paid $1900 for one year warranty. (I am that stupid)
Wired the money. Ended up costing more in fees than the money Matt took off (used cc cash advance).
I WIRED THE MONEY. (I am SOOOO that stupid.)
01/22/2009
Matt/Trinity have received payment.
I keep asking for invoice/bill of sale or somethingnothing ever comes. Although Matt says he'll take care of this myself.
I keep asking for the warranty (I am that stupiddon't you READ the warranty before you buy it???)
1/28/2009
Matt said he emailed to find out when it will ship. Said he should know by tomorrow.
02 02/2009
Matt answered; said they are putting all new bulbs in so shots would be zero. Waiting for two bulbs to come in. Should be on it's way here by the end of the week.
02/09/2009
Call with Matt from Trinity said the bulbs should be in today. Says that they'll ship machine out on Wednesday, they will expedite shipping I should have it by Tuesday
2/18/2009
Matt Carns called Monday night, said he'd overnight the machine. It was still there.
Called Tuesday, said people weren't in to overnight it. Would overnight it on Tuesday. Would call back with tracking number. Never called back.
I left several messages, Tuesday night-Wednesday 12:00 pm. Matt finally called back at 12:29. Said he'd call back within 5 minutes with tracking number. 12:45 no call;
Said it was going FedEx. I called, no record.
Called Matt back. Matt said he'd get the number and call me back. No call. Again said it was shipped. No number. I called FedEx again. No record. Called Matt back saying I was going to contact the police.
Matt had his lawyer Matt Nelson, Semler & Associates P.C., 1775 Sherman St. Suite 2550, Denver, CO 80203, call me to say he'd be shipping it out. Lawyer said he was unaware of my side of it. Lawyer was told by Matt that the machine would be shipped out tomorrow (2/19)
I ended up hanging up on Matt. He called the house and spoke to Ken.
Matt had UPS guy call to say that the company Matt is dealing with is a real problem.
2/19/2009
I called Matt. Said that if I didn't have a tracking number by tomorrow I wanted my money refunded.
Matt said I would have a warranty for 2 years. He said he would be emailing it to me as confirmation.
Matt said if he implied that the machine was in front of him (on 2/18 he said it's right here) that he was sorry and that was not what he meant.
02/20/2009
On phone with ebay trying to get a copy of the listing for the estelux
Said they cant'. Found out the Matt has been suspended from selling under trinity_medical_equipment. But is now selling under trinity_medical_inventory. Ebay said he can't use another namebut he is.
Called Other person 5 at UPS . He's out of town so not handling it. Said to call his manager, Other person 6
Name of the company is Other company 1 (maybe Other company 1 Other company 2, lasers & techor something), , ,
11:30 Spoke to Other person 6. She and other UPS have left numerous messages for Other person 1 and Other person 7 at Other company 1. They won't return her calls. On mailbox is full so can't leave any more messages. Other person 6 is planning on going to the place around 9:30 their time (11:30 our time) and calling, saying she's right out front, asking if she can get the machine and she/UPS will box it up and send it out.
Said she'd call me back one way or another. I told her that if there wasn't a response I'd call them, and call the police on them too.
Question with UPS. Other person 5 referred to Other person 6 as his manager. Other person 6 referred to Other person 5 as her boss. They in on it too???
02/21/2009
Other person 1 called. He has no idea why his company with an impeccable record was in the middle of this. He said Matt never paid them for the machine and the order was only put in on
2/17/2009
He said he took care of my machine, that I should get I Monday or Tuesday (2/23-24). I asked point blank three times, so it's on it's way? he never said yes. Donna heard the conversation. Other person 1 said he would call back within an hour with a tracking number. Never did.
He said he was going to call Matt and have Matt call me. Matt never did.
5:15 pm Police say I have to file through FBI-internet fraud because it crossed state lines. Also said that sounds like they are all involved in scamming me-says it sounds text-book ALL-all of the people involved
Matt just called!! He said Other person 1 just sent him a text! Other person 1 took care of itit's on it's way. He said he'd get back to me with a tracking number (how many times has he said that????) I said do that, because I've already started the FBI report.
Calling the shipping company to check.guess what??? The shipping company doesn't keep records of where/who the stuff is going to! I spoke to a man who regularly deals with Other company 1.guess what again??? He said no one from Other company 1 (and he knew both of their namesOther person 7 and Other person 1) dropped anything off today.
4:00 ish Sent Matt and Other person 1 and email saying if I didn't have my machine by tomorrow I'd be contacting the FBI-internet fraud, the local police depts., and the postal inspections service-I mailed payment.
Matt's lawyer just called. Matt is doing everything he can to get me the machine.everything.he really, really is
But, alas, it seems Other person 1 just had a family emergency and had to leave town, he had to go to Florida.
3:10 UPS/Other person 6 called. Matt didn't give her his credit card to pay for the shipping. I called Matt. He said why would he when he doesn't know the quote. I told him I wanted this done today. Told him if not, I'd be calling the police today. He said we have a contract we are completely within the realm..
He said he'd send the email he received from Other person 1, said he'd send the warranty stating that it is for two years.
(still throwing up..)
2:30 Other person 6 called me. Other person 1 called her, said he'd have the machine over to her. But she said Matt hasn't called back. She needs a credit card number for the shipping. I told her that I would pay and then go after Matt.
I called Matt. He answered!!! I told him what Other person 6 needed. He said he'd call her right away. (we'll seeI'll call her back in a few minutes to check)
1:30pm Just went to bid on Matt's latest auctionpulled. Item removed don't know if Matt's leaving the country or it was Ebay that pulled his listings.
Spoke to Other person 6 at UPS. She left a message for Matt saying that he needed to give his credit card for shipping. She told him I was upset, that I was saying I was going to contact the police. She hasn't heard back from him.
She hasn't heard back from Other person 1.
I called and left a message for Matt asking about the status.yeah, he'll call me back. I'm going to throw up.
Googled Other person 1 , all kinds of scams
UPS called me back. Other person 6 called and called. Left a message that a customer (me) waiting for the machine said she was going to call the police.
Other person 1 called back. Other person 1 said that Matt only called in the order a couple of days ago. Yesterday Other person 1 sent the machine to Salt Lake City to be crated. Their (Other company 1) truck will bring it up to the UPS to be shipped to me.
UPS needs money to pay for it. Other person 6, from UPS, was going to call Matt for his credit card number for payment for shipping.
02/22/2009
I saw a laser on and added it to my watch list.
02/23/2009
Other person 4 emailed me. He said he saw that I was watching his laser and that back in early January I had made an offer on it. He had accepted the offer but I wrote back saying that I couldn't complete the transaction. I had found the Estelux (with Matt/Trinity) and purchased that instead.
I was interested in Other person 4's machine but noticed that his address was Colorado. I wrote saying that I was interested but first wanted to know if he had anything to do with Matt and Trinity or Other person 1 and Other company 1.
He wrote back nobut why?. I wrote back telling him that the reason. He responded that he heard that Matt was in big trouble, that Matt had many complaints, many investigations-that is what he heard.
We went back and forth a little bit with me telling him more about my transaction with Matt.
Other person 4 called me Sunday night. Butalthough he's listed as being in Colorado, his phone number was a Georgia exchange (red flag??? Matt Colorado, Matt's lawyer, Matt Nelson with Georgia cell number). I didn't pick up. Other person 4 left a message asking me to call him.
I did. He said after our emails he got in touch with Other person 3, the owner of Other company 1. He said that other person 3 knew all about Matt. other person 3 was upset. Other person 4 said other person 3 wanted me to call him. He gave me other person 3 personal cell phone.
I called. No answer. I left a message.
Xxxx called Matt Carns. Lots of screaming, swearing, etc.. Matt said he was working on it. He'd call xxxx back with a tracking number (seriously..)..
02/24/2009
11:12 am Other person 3 returned my call. He said his company had nothing to do with Matt. He said that Matt had done this to over 12 people, most of the transactions $60,000 and up. Some people have been fighting since April 2008. He said that he (Other person 3) was working with the FBI and the Attorney General to bring criminal charges against Matt. He said that his involvement was out of kindness. He said more as to why but that was the gist. He asked if it was ok with me that he forward my name, number, information to the FBI and AG. I said sure. I did tell other person 3 that I had included his company in my FBI report, since Matt had said Other person 1 worked for Other company 1. Other person 3 did say that Other person 1 didn't work for Other company 1, that Other person 1 was a machine wholesaler.
Other person 3 also asked for one more thing. He asked that I hear Other person 1 out. I said I listen to what he said.
12:12pm Other person 1 called (with a restricted number this time). He did sound quite upset. He told me that he hadn't worked with Matt since late 2008, that Matt had screwed him out of hundreds of thousands of dollars. He said he was trying to repossess machines Matt owed him money for. He said that he had been working with Matt. If anything, Other person 1 said his company was guilty of greed. Late fall/early winter Matt had placed a very large order with Other person 1's company. Other person 1 said that the machines would be ready for pick up on a date. Matt was supposed to give Other person 1 payment on that date. Instead, Matt had a truck go and pick up the machines without paying for them. Other person 1 has since been trying to get paid for these. He said this is the last time he worked with Matt.
He did say Matt called him looking for a machine for me. He told Matt he wouldn't work with him.
That, from what Other person 1 says, in when Matt involved him (Other person 1) in this with UPS and with me.
But, from what UPS said, Other person 1 gave them the wrong address to go and pick up the machine-a nonexistent address. Also, Other person 1 said the me that he would call me back with a tracking number.
When I questioned Other person 1 on these things he said it was the stress of the situation. He said he told Matt to call me and tell me that he (Matt) had lied. Not really buying stress of the situation claim.
Other person 1 said that I was causing so much of a stir and that so many people were involved. He said he'd give me a machine if he could find it just so the situation would be over. He said he didn't have one He did say he'd lean on Matt until Matt did produce a machine for me. Other person 1 did ask that when I do have my machine I contact the necessary people to withdraw my complaints against him.
Other person 1 said Matt never reacts like this (he really is trying to find me a machine) unless the person is being very aggressive or the authorities are involved.
During the day xxxx called Matt again. He told Matt that he might just visit Colorado.
6:35 Matt's lawyer, Matt Nelson from Georgia, called. Left the message that he had information for me, that he had a tracking number for me. I returned his call. He gave me the FedEx tracking number xxxxxxxxx. I asked lawyer what exactly was being sent to me. He said (paraphrasing) I'm a lawyer, not a seller, not a shipper.little angry
02/25/2009
Machine arrived. Not the one I bought. It was one that I saw on dot.med and actually had asked seller about. Too funny.
Not all of the parts are there.
One handpiece is broken.
dmi05
Boston, Massachusetts
U.S.A.
2 Updates & Rebuttals
Wrinklefreenow
New York,New York,
U.S.A.
if innocent why so may court cases
#3Consumer Comment
Sat, April 18, 2009
If Trininity Medical, is innocent why so many court cases?
Colorado Court Database
Match 587 out of 773 hit(s)
Case Number: 2007CV011757 Date Filed: 12/04/2007 Hoang, Tony L v. Trinity
Medical Solutions Inc Breach of Contract; CV -Civil -District Summary
Judge: Morris B Hoffman
Court: Denver District Court
Division: 3
EFiled: Y
Appealed: N
Case Closed Date: n/a
Case Status
Judge or Magistrate
Name BAR Number
Morris B Hoffman 8322
Agency
Agency Agency Case Tkt/Summons Nbr Arrest Nbr Related Cases Location Case
Number Related Reason Name Participants Litigant Attorney Hoang, Tony L
Menk, Bruce Alford Plaintiff 1 Role: Privately Retained Attorney
BAR: 6293
Primary Attorney: Y
Trinity Medical Solutions Inc
Nelson, Matthew
Defendant 1 Role: Privately Retained Attorney
BAR: 19909
Primary Attorney: Y
Charges
Count Date Details
Scheduled Events
Date Time Details
03/04/2008 7:00 Review
Room: 8
Judge: Ronald M Mullins
Status: Hearing Held
09/04/2008 6:30 Review
Room: 8
Judge: Ronald M Mullins
Status: Hearing Held
12/15/2008 13:30 Status Conference
Room: 8
Judge: Ronald M Mullins
Status: Vacated
02/09/2009 8:30 Status Conference
Room: 3
Judge: Morris B Hoffman
Status: Hearing Held
04/06/2009 6:00 Review
Room: 3
Judge: Morris B Hoffman
04/13/2009 6:00 Review
Room: 3
Judge: Morris B Hoffman
04/17/2009 6:00 Review
Room: 3
Judge: Morris B Hoffman
Proceedings
Date Code Description
12/04/2007 CMPL Complaint
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
12/04/2007 COVR Civil Case Cover Sheet
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
12/06/2007 ORDR Order
12/14/2007 SUMM Summons Issued
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
12/14/2007 RS Return of Service
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
01/16/2008 RPRT Report
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
01/22/2008 ORDR Order
03/17/2008 RPRT Report
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
06/06/2008 NOTC Notice Filed
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
11/25/2008 NOTC Notice Filed
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
11/25/2008 MINC Minute Order (Print)
12/12/2008 ORDR Order
12/12/2008 ENTR Entry Of Appearance
ATY/ Nelson, Matthew
DEF/ Trinity Medical Solutions Inc
12/18/2008 ORDR Order
01/16/2009 NOTC Notice Filed
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
01/16/2009 NOTC Notice Filed
ATY/ Menk, Bruce Alford
PTF/ Hoang, Tony L
02/09/2009 MINC Minute Order (Print)
DEF/ Trinity Medical Solutions Inc
PTF/ Hoang, Tony L
02/09/2009 ORDR Order
Judgments
# Date Details
Bond Information
ID Details
Financial Summary
Un-Assigned Rcp's Received
----------------- --------
Civil Filing Fee $135.00
Court Security Cash Fund $10.00
Civil Action Tax $1.00
Justice Center Cash Fund $68.00
Stabilization Fund - USER Fee $100.00
Total Un-Assigned $314.00
Colorado Court Database
Match 588 out of 773 hit(s)
Case Number: 2007CV011941 Date Filed: 12/10/2007 Garvert, Steve Et. Al. v.
Trinity Medical Solutions Inc Breach of Contract; CV -Civil -District
Summary
Judge: Norman Dean Haglund
Court: Denver District Court
Division: 19
EFiled: Y
Appealed: N
Case Closed Date: 09/08/2008
Case Status
Closed
Judge or Magistrate
Name BAR Number
Norman Dean Haglund 4579
Agency
Agency Agency Case Tkt/Summons Nbr Arrest Nbr Related Cases Location Case
Number Related Reason Name Participants Litigant Attorney Garvert, Steve
Voss, J Ronald Plaintiff 1 Role: Privately Retained Attorney
BAR: 15374
Primary Attorney: Y
Mt Logan Spine & Disc Center Pllc Voss, J Ronald Plaintiff 2 Role: Privately
Retained Attorney
BAR: 15374
Primary Attorney: Y
Trinity Medical Solutions Inc
Nelson, Matthew
Defendant 1 Role: Privately Retained Attorney
BAR: 19909
Primary Attorney: Y
Charges
Count Date Details
Scheduled Events
Date Time Details
03/10/2008 7:00 Review
Room: 19
Judge: Norman Dean Haglund
Status: Vacated
09/29/2008 8:30 Court Trial
Room: 19
Judge: Norman Dean Haglund
Status: Vacated
09/30/2008 8:30 Court Trial
Room: 19
Judge: Norman Dean Haglund
Status: Vacated
10/10/2008 6:00 Review
Room: 19
Judge: Norman Dean Haglund
Status: Vacated
02/11/2009 14:00 Rule 69 Hearing
Room: 19
Judge: Norman Dean Haglund
Status: Vacated
Proceedings
Date Code Description
12/10/2007 CMPL Complaint
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
12/10/2007 COVR Civil Case Cover Sheet
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
12/13/2007 ORDR Order
12/14/2007 FOTH Filing Other
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
PTF/ Mt Logan Spine & Disc Center Pllc
01/15/2008 RS Return of Service
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
PTF/ Mt Logan Spine & Disc Center Pllc
01/30/2008 ANSW Answer
ATY/ Nelson, Matthew
DEF/ Trinity Medical Solutions Inc
02/12/2008 NOTC Notice Filed
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
PTF/ Mt Logan Spine & Disc Center Pllc
02/20/2008 NOTC Notice Filed
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
PTF/ Mt Logan Spine & Disc Center Pllc
03/03/2008 OADR ADR Order
03/03/2008 ORDR Order
03/10/2008 CR16 Cert of Compliance w/Rule 16 ATY/ Voss, J Ronald PTF/
Garvert, Steve PTF/ Mt Logan Spine & Disc Center Pllc
08/11/2008 MOTN Motion
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
PTF/ Mt Logan Spine & Disc Center Pllc
09/08/2008 ORDR Order
09/08/2008 CLAD Case Closed
09/22/2008 MOTN Motion
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
10/16/2008 WGJA Writ/Garn-Judg Debt oth w/answ
11/05/2008 NOTC Notice Filed
ATY/ Voss, J Ronald
PTF/ Garvert, Steve
PTF/ Mt Logan Spine & Disc Center Pllc
11/13/2008 ORDR Order
02/02/2009 ROPN Reopen for Post Judgment
02/10/2009 POST Closed After Post Judgment Judgments # Date Details
1 09/08/2008 Judgment Entered
Status: Unsatisfied
Judge: Norman Dean Haglund
Judge BAR: 4579
Creditor: Garvert, Steve
Creditor: Mt Logan Spine & Disc Center Pllc
Debtor: Trinity Medical Solutions Inc
Principal: $72500
Court Costs: $0
Attorney Fees: $0
Interest: $0
2 11/13/2008 Judgment Entered
Status: Unsatisfied
Judge: Norman Dean Haglund
Judge BAR: 4579
Creditor: Garvert, Steve
Creditor: Mt Logan Spine & Disc Center Pllc
Debtor: Trinity Medical Solutions Inc
Principal: $0
Court Costs: $279.81
Attorney Fees: $4875
Interest: $0
Bond Information
ID Details
Financial Summary
Un-Assigned Rcp's Received
----------------- --------
Civil Filing Fee $135.00
Court Security Cash Fund $10.00
Civil Action Tax $1.00
Justice Center Cash Fund $10.00
Stabilization Fund - USER Fee $120.00
Writ of Garn, Attach, Rest $15.00
Total Un-Assigned $291.00
Colorado Court Database
Match 589 out of 773 hit(s)
Case Number: 2007CV012312 Date Filed: 12/20/2007 Jagoda Md, David A v.
Trinity Medical Solutions Inc Breach of Contract; CV -Civil -District
Summary
Judge: Morris B Hoffman
Court: Denver District Court
Division: 3
EFiled: Y
Appealed: N
Case Closed Date: 08/13/2008
Case Status
Closed
Judge or Magistrate
Name BAR Number
Morris B Hoffman 8322
Agency
Agency Agency Case Tkt/Summons Nbr Arrest Nbr Related Cases Location Case
Number Related Reason Name Participants Litigant Attorney Jagoda Md, David A
Garrison, Christine Mccallister Plaintiff 1 Role: Privately Retained
Attorney
BAR: 35718
Primary Attorney: Y
Trinity Medical Solutions Inc
Nelson, Matthew
Defendant 1 Role: Privately Retained Attorney
BAR: 19909
Primary Attorney: Y
Charges
Count Date Details
Scheduled Events
Date Time Details
03/17/2008 6:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
03/20/2008 7:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
03/31/2008 6:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
04/11/2008 6:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
05/05/2008 6:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
06/23/2008 6:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
09/02/2008 6:00 Review
Room: 3
Judge: Morris B Hoffman
Status: Vacated
09/15/2008 8:30 Court Trial
Room: 3
Judge: Morris B Hoffman
Status: Vacated
09/16/2008 8:30 Court Trial
Room: 3
Judge: Morris B Hoffman
Status: Vacated
Proceedings
Date Code Description
12/20/2007 CMPL Complaint
PTF/ Jagoda Md, David A
12/20/2007 SUMM Summons Issued
PTF/ Jagoda Md, David A
12/20/2007 COVR Civil Case Cover Sheet
PTF/ Jagoda Md, David A
12/31/2007 ORDR Order
01/02/2008 RS Return of Service
PTF/ Jagoda Md, David A
02/04/2008 MODJ Motion for Default Judgment PTF/ Jagoda Md, David A
02/04/2008 AFFI Affidavit
PTF/ Jagoda Md, David A
02/04/2008 AFFI Affidavit
PTF/ Jagoda Md, David A
02/04/2008 CERT Certificate Filed
PTF/ Jagoda Md, David A
02/05/2008 ANSW Answer
ATY/
Nelson, Matthew
DEF/ Trinity Medical Solutions Inc
02/12/2008 RS Return of Service
PTF/ Jagoda Md, David A
02/20/2008 RSPN Response
ATY/ Nelson, Matthew
DEF/ Trinity Medical Solutions Inc
02/21/2008 REPL Reply
PTF/ Jagoda Md, David A
02/29/2008 ORDR Order
03/11/2008 NO16 Notice of Exclusion CRCP 16.1 PTF/ Jagoda Md, David A
03/21/2008 CERT Certificate Filed
PTF/ Jagoda Md, David A
03/27/2008 NOTC Notice Filed
PTF/ Jagoda Md, David A
04/15/2008 NOTC Notice Filed
PTF/ Jagoda Md, David A
06/03/2008 ORDR Order
06/04/2008 MOTN Motion
PTF/ Jagoda Md, David A
06/04/2008 ACMP Amended Complaint
PTF/ Jagoda Md, David A
06/24/2008 MOTN Motion
PTF/ Jagoda Md, David A
06/25/2008 ORDR Order
06/27/2008 ORDR Order
07/17/2008 MOTN Motion
ATY/ Nelson, Matthew
DEF/ Trinity Medical Solutions Inc
07/21/2008 ORDR Order
08/11/2008 NOTC Notice Filed
PTF/ Jagoda Md, David A
08/13/2008 ORDR Order
08/13/2008 CLDM Case Closed-Case Dismissed Judgments # Date Details Bond
Information ID Details Financial Summary Un-Assigned Rcp's Received
Civil Filing Fee $56.00
Court Security Cash Fund $10.00
Civil Action Tax $1.00
Stabilization Fund - USER Fee $48.00
Total Un-Assigned $115.00
Case Number: 08C21644
Case Information
Case Title:
Type: CONTR Division: 4 Status: ACTIVE
Claim Counter Claim Disposition
Principal Amount: $7,820.00 Amount: $0.00 Date:
Initial Interest: Amount:
Atty Fee: $0.00 Possession:
Misc Amount: $0.00
Total: $7,820.00
Party Information
Party Type Seq Name Attorney Name DOB Disposition PL 1 KRANTZ RADIOLOGY
CARNEY, T. J.
DF 2 TRINITY MEDICAL SOLUTIONS, INC. SEMLER, R. PARKER JUDGMENT W/O TRIAL
Action Information Act Date Description Division Amount Name Status
01/13/2009 COURT TRIAL 4 $0.00 COURT DATE VACATED
12/23/2008 INTERROGATORIES ISSUED $0.00
12/10/2008 GARNISHMENT FEE $45.00
12/10/2008 GARNISHMENT OTHER NATURAL $0.00
11/21/2008 GARNISHMENT FEE $45.00
11/21/2008 GARNISHMENT OTHER NATURAL $0.00
11/21/2008 COSTS ADDED $400.00
11/12/2008 MTN TO ENTER JUDGMENT $0.00 GRANTING OF A MOTION/PETITION
09/25/2008 STIP WITH OR WITHOUT S.O.E. $0.00
09/03/2008 NOTICE TO SET $0.00
08/18/2008 RETURN DATE 1 $0.00 ANSWER DISPO
08/15/2008 ANSWER FILED $75.00
07/31/2008 COUNTY COURT FILED W/FEE $80.00
07/31/2008 SUMMONS ISSUED $0.00
07/31/2008 CASE FILING DATE $0.00
Judgment Information
Creditor
Principle: $5,522.80
Misc Amount: $0.00
Interest: $175.51
Pre-Interest: $0.00 Joint Atty Fees: $0.00 Jud Date: 11/14/2008 Atty Fees:
$2,450.00 Money Soe Date: Money Soe Reason:
Costs: $400.00 Poss Soe Date: Poss Soe Reason:
Second Jud Amount: $0.00 Interest Rate: 8.00% Second Interest Rate:
Less Paid: $0.00 Interest Date Last Calculated: 12/10/2008 Pre-Judgment
Interest: $0.00
Total: $8,548.31
Home Residents Visitors Business Elected Officials
Semler & Associates
Denver,Colorado,
U.S.A.
District Court Complaint
#3REBUTTAL Individual responds
Thu, March 26, 2009
DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO1437 Bannock St., Room 256, Denver, CO 80202 Phone Number: (720) 865-8301_____________________________________________Plaintiffs:SEMLER & ASSOCIATES, P.C., R. PARKER SEMLER and MATTHEW NELSON v.Defendant:DENISE MILLER_____________________________________________Attorney Name: R. Parker Semler, No. 20985 Matthew Nelson, No. 19909 (Of Counsel) Address: Semler & Associates, P.C. 1775 Sherman Street, Suite 2550 Denver, Colorado 80203Phone Number: (303) 839-1680Fax Number: (303) 839-1642E-Mail: matt@semlerlaw.com ? COURT USE ONLY ?______________________ Case No.: ________________ Courtroom No.: ___
COMPLAINT
Plaintiffs Semler & Associates, P.C., R. Parker Semler and Matthew Nelson, for their Complaint against Defendant Denise Miller, state and allege as follows:
I. PARTIES AND VENUE
1. Plaintiff Semler & Associates, P.C. (Semler & Associates) is a professional corporation that was organized under the laws of the State of Colorado in May 1996 and has continuously done business in this state since that time.
2. Plaintiff R. Parker Semler (Semler) is an individual who resides in Colorado where he has been licensed to practice law and actively engaged in that profession since October 1991.
3. At all times since its inception, Semler has been the sole member of Semler & Associates and, in the eyes of the public, his personal and professional reputation is inextricably intertwined with the reputation of Semler & Associates.
4. Plaintiff Matthew Nelson (Nelson) is an individual who resides in Colorado where he has been licensed to practice law and actively engaged in that profession since October 1990.
5. Since January 1, 2005, Nelson has served as of counsel to Semler & Associates.
6. Defendant Denise Miller (Miller) is an individual who resides in Newburyport, Massachusetts.
7. The Court has jurisdiction over this matter under Colo. Rev. Stat. 13-1-124 because Miller directed the tortious conduct alleged below at the State of Colorado, knew and intended that her acts would have a potentially devastating impact on Plaintiffs in Colorado, and did in fact cause injuries to Plaintiffs that manifested themselves in Colorado.
8. Because Miller circulated defamatory material of and concerning Plaintiffs within this state, the Court also has jurisdiction over this matter under the U.S. Supreme Court's decision in Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777 (1984).
9. Venue is proper in the City and County of Denver pursuant to C.R.C.P. 98(c)(1) because Miller is not a resident of this state and Denver County is the county named in this Complaint.
II. GENERAL ALLEGATIONS
10. Semler & Associates represents Trinity Medical Solutions (Trinity) and its principal, Matt Carns (Carns) in connection with various legal matters.
11. Trinity is in the business of buying, selling and trading new and used medical equipment and cosmetic, aesthetic and pain-management lasers to health care providers and laser technicians both nationally and internationally.
12. Trinity contracted to sell a Palomar Estelux laser to Defendant.
13. Defendant claims that Trinity has failed to perform its obligations under the terms of the contract.
14. Trinity retained Semler & Associates to represent it in connection with Defendant's claim, and Semler & Associates assigned Nelson day-to-day responsibility for the matter.
15. Apparently in order to gain what she perceives to be some kind of advantage in resolving her dispute with Trinity and Carns, and for the sole purpose of forcing Trinity and Carns to accede to the extortionate demands that she has made in the context of that dispute, Defendant engaged in the conduct described below.
16. On February 27, 2009, Miller published a statement on Craigslist Rants & Raves in which she stated as fact that Nelson and Semler & Associates were involved in a scam to defraud the public.
17. That statement is demonstrably false and defamatory.
18. Also on February 27, 2009, Miller published another statement on Craigslist Rants & Raves in which she stated as fact that Nelson and Semler & Associates had scammed and defrauded her and that they were engaged in corruption.
19. That statement is demonstrably false and defamatory.
20. On February 27, 2009, Miller published a statement on LawyerRatingz.com again claiming that Nelson was the subject of numerous investigations by the Federal Bureau of Investigation and other law enforcement agencies.
21. That statement is demonstrably false and defamatory.
22. Again on February 27, 2009, Miller published a statement directly to Semler & Associates' electronic mailbox in which she stated as fact that Nelson was a scam artist working with Trinity and Carns.
23. That statement is demonstrably false and defamatory.
24. On February 28, 2009, Miller published a statement on the message board for Scam.Com in which she stated as fact that Nelson and Semler & Associates were working together with Trinity and Carns and had stolen hundreds of thousands of dollars.
25. That statement is demonstrably false and defamatory.
26. Also on February 28, 2009, Miller published a statement on Craigslist Rants & Raves in which she claimed that Nelson had committed fraud.
27. That statement is demonstrably false and defamatory.
28. Again on February 28, 2009, in response to an electronic mail message sent by another user of the website, Miller published another statement on Craigslist Rants & Raves in which she claimed that Nelson had committed fraud.
29. That statement is demonstrably false and defamatory.
30. Miller either knew that each of the statements described above was false when she published it or published it without regard as to whether it was false.
FIRST CLAIM FOR RELIEF
(Defamation)
31. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 30 of their Complaint as if fully set forth herein.
32. In February 2009, Miller published or caused to be published to third parties the statements described above in the same or similar words.
33. Those statements were and continue to be false and defamed Plaintiffs in their business and profession.
34. As a result of Miller's publication of the statements, Plaintiffs have suffered economic and non-economic damages in amounts to be proved at trial.
35. Miller's conduct was and continues to be attended by circumstances of fraud, malice and willful and wanton conduct.
SECOND CLAIM FOR RELIEF
(Business Disparagement)
36. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 35 of their Complaint as if fully set forth herein.
37. Miller published false statements to third parties that were derogatory to Plaintiffs' business and profession in general.
38. By publishing those false statements, Miller intended to cause harm to Plaintiffs' pecuniary interests.
39. Miller published the false statements with malice.
40. As a result of Miller's publication of the false statements, Plaintiffs have suffered harm to their pecuniary interests.
THIRD CLAIM FOR RELIEF
(Intentional Interference With Contractual Relations)
41. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 40 of their Complaint as if fully set forth herein.
42. Plaintiffs had contractual relations with third parties to provide legal services and, in Semler's case, contracts related to transactions involving real property.
43. Miller knew or reasonably should have known of these contractual relations.
44. By her words or conduct, or both, Miller has caused these third parties to terminate these contractual relations or has caused Plaintiffs' performance of the contracts to become more onerous.
45. Miller's interference with Plaintiffs' contractual relations was both intentional and improper.
46. As a result of Miller's intentional and improper interference with their contractual relations, Plaintiffs have suffered damages in an amount to be proved at trial.
47. Miller's conduct was and continues to be attended by circumstances of fraud, malice and willful and wanton conduct.
FOURTH CLAIM FOR RELIEF
(Intentional Interference With Prospective Contractual Relations)
48. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 47 of their Complaint as if fully set forth herein.
49. Plaintiffs had prospective contractual relations with third parties to provide legal services and, in Semler's case, prospective contractual relations related to transactions involving real property.
50. Miller knew or reasonably should have known of these prospective contractual relations.
51. By her words or conduct, or both, Miller has intentionally prevented the formation of contracts between Plaintiffs and these third parties or has caused the formation of those contracts to become more difficult.
52. Miller's interference with Plaintiffs' prospective contractual relations was both intentional and improper.
53. As a result of Miller's intentional and improper interference with their prospective contractual relations, Plaintiffs have suffered damages in an amount to be proved at trial.
54. Miller's conduct was and continues to be attended by circumstances of fraud, malice and willful and wanton conduct.
FIFTH CLAIM FOR RELIEF
(Preliminary and Permanent Injunctive Relief)
55. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 54 of their Complaint as if fully set forth herein.
56. Despite reasonable demands from Plaintiffs to cease and desist, Miller has failed and refused to remove the defamatory postings described above from the Internet or to publish retractions of those defamatory statements.
57. As a result of Miller's defamatory statements, Plaintiffs have been injured in their business and profession and have been prevented from consummating prospective contractual relations with third parties.
58. The injuries that Plaintiffs have suffered and will continue to suffer as a result of Miller's defamatory statements are irreparable, and any remedy for the injuries available to Plaintiffs through an award of damages would be inadequate.
59. Plaintiffs are entitled to an Order of this Court mandating that Miller immediately remove the defamatory statements described above from the Internet and/or to publish retractions of those statements on the websites that she used to defame Plaintiffs.
SIXTH CLAIM FOR RELIEF
(Outrageous Conduct)
60. Plaintiffs incorporate by reference the allegations of Paragraphs 1 through 59 of their Complaint as if fully set forth herein.
61. By committing the acts and omissions described above, Miller engaged in extreme and outrageous conduct.
62. Miller engaged in such conduct recklessly or with the intent of causing Plaintiffs Semler and Nelson severe emotional distress.
63. Miller's conduct did in fact cause Semler and Nelson severe emotional distress.
64. Miller's conduct was and continues to be attended by circumstances of fraud, malice and willful and wanton conduct.
WHEREFORE, Plaintiffs respectfully request the Court to enter judgment in their favor and against Defendant for the following relief:
(a) For economic damages as proved at trial;
(b) For non-economic damages at the maximum rate allowed by law;
(c) For pre-judgment and post-judgment interest on all such amounts at the maximum rate allowed by law;
(d) For an Order mandating that Miller immediately remove the defamatory statements described above from the Internet and/or to publish retractions of those statements on the websites that she used to defame Plaintiffs;
(e) For the costs, expenses and attorney fees that they have incurred and will continue to incur in bringing and maintaining this action; and
(f) For any and all such other and further relief as the Court deems just and equitable under the circumstances.
Dated this 3d day of March 2009.
SEMLER & ASSOCIATES, P.C.
(s/ Matthew Nelson)
By: ________________________
R. Parker Semler & Associates
Matthew Nelson (Of Counsel)
Attorneys for Plaintiffs Semler & Associates, P.C., R. Parker Semler and Matthew Nelson