#2Author of original report
Thu, May 26, 2016
March 16, 2016
No.165789
New Westminster Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
BEFORE A REGISTRAR
DEFAULT JUDGMENT
The Plaintiff having filed and served a Notice of Civil Claim on the Defendants, EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, MIKE, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 and those Defendants having failed to file and serve a Response to Civil Claim within the time allowed:
THIS COURT ORDERS that the Defendants, EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, “MIKE”, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 pay to the Plaintiff damages to be assessed.
THE COURT FURTHER ORDERS that the Defendants EDWARD ALBERT COLE a.k.a. TED COLE, TAYLOR A. COLLINGS, DAVID CROWE, DARRELL BUSHNELL, RIPED OFF AT SEASIDE MARIANA, SEASIDE MARIANA INVESTORS UNION, ISLA MARIANA INVESTORS UNION, NICAHEAT, CYPRESS, LOBO, KELVIN, FRANK, SMART INVESTOR, CONCERNED INVESTOR, JOHN SHEPARD, RON, BILLY BUDSOCKET, “MIKE”, CARLOS, KRIS, BILL CUMMINGS, PEDRO, [email protected], SCAMORG, FRANK BENTALL, GARY BUTLER, GEORGIA, ADAH, OBSERVER, KEN, CRAIGSLIST POST ID 4789282622 and USER942352 pay to the Plaintiff costs to be assessed.
Grupo Mariana
New Westminster,#3Author of original report
Thu, December 18, 2014
On December 15, 2014, the Supreme Court of British Columbia allowed legal notice to be served by private messages on online forums and sent via email to 26 individuals advising them that they are being sued in the Kevin Fleming defamation case.
Fleming, who filed a defamation lawsuit seeking damages on November 4, 2014, says in the lawsuit that online comments that imply he was acting in fraudulent manner and unethical are untrue.
Fleming does not know who the Message Board Defendants are or where they are located, and there is no cost-effective means of discovering this information. The only readily apparent means of finding out would be to seek production orders against the various Internet service providers.
Even if such orders were granted and obeyed, they would only yield e-mail addresses, service on which would essentially be no different than that under the proposed order. A court permits alternative (“substituted”) forms of legal service when the usual method of hiring a detective or a process server is “impracticable” or when a defendant is evading service.
With the success of the recent motion, defendants such as “Seaside Mariana Investors Union”, “Isla Mariana Investors Union” and “NicaHeat” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defense.
Under most circumstances, when a person does not file a statement of defense within a given time, the suing party is entitled to a default judgment, which can result in the collecting of compensation from the defendants.
Fleming believes being able to serve legal notice over the Internet is a way for the law to catch up to social media and the judgment means he does not have to serve the defendants in person. This is not unprecedented; there are other cases of hard-to-identify people being notified through Facebook and Twitter that they have been sued.
According to Fleming, “it is important that this defamation lawsuit is seen to the end where judgment is granted in order that individuals would not have to endure these types of hate-filled campaigns, personal attacks and vicious lies.”
Grupo Mariana
Burnaby,#4Author of original report
Fri, November 21, 2014
The purpose of this message is to inform you that I filed an action on November 4, 2014 in the Supreme Court of British Columbia, alleging defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, Federico Gurdian, David Crowe and Darrell Bushnell for publishing lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
There are lies being spread on the Internet that I have committed a fraud. These lies have harmed my family and Owners and Promissory Purchasers in the beachfront communities of Isla Mariana and Seaside Mariana in Nicaragua. I'm not going to simply accept it and move on.
I'm pursuing them in court and will obtain orders compelling them to pay damages for their illegal actions. I will force everyone who has failed to take down these lies from their websites to do so and to pay damages for not taking them down when I asked them to.
Sincerely,
Kevin I. Fleming
Chairman | Grupo Mariana S.A.
Managua, Nicaragua
(888) 484-4425 North America Toll Free
www.grupomariana.com
[email protected]
Grupo Mariana
Managua,#5Author of original report
Mon, April 14, 2014
Edward Albert Cole (Ted Cole) is responsible for the slander, libel and defamation against Grupo Mariana, Seaside Mariana, Isla Mariana, Kevin Fleming and Maria Rueda using the anonymous identity of the Seaside Mariana Investor Union and sending mass emails and posting online messages using various website such as Rip Off Report and Facebook. No credibility should be given to unknown individuals who post online messages and send mass emails anonymously making wild and false accusations under disguised identities such as Ted Cole.
In addition, Ted Cole was responsible for filing a reckless civil lawsuit against Seaside Mariana Spa & Golf Resort, S.A., Kevin Fleming and Maria Rueda leading to the brand termination of Wyndham Hotel Group and Nicklaus Design at Seaside Mariana Oceanfront Community. Furthermore, Ted Cole, his wife Carmen Elizondo and Michael Edmonds filed unwarranted criminal accusations against Kevin Fleming.
On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was dropped with no retraction, penalty, fine, jail time or guilty finding against Kevin Fleming. The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.
On May 20, 2013, the civil lawsuit filed on July 5, 2012 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.
We have a clear and compelling case with evidence of the negligence of Ted Cole and the Seaside Mariana Investor Union. The obstructionist behavior displayed by Ted Cole, Carmen Elizondo and Michael Edmonds has made moving forward in a positive manner difficult. However, with the Seaside Mariana Investor Union finally and thoroughly discredited we are now free to proceed forward.
Grupo Mariana
Managua,#6Author of original report
Thu, July 25, 2013
We believe that providing accurate, current and compelling information is the most important thing we can do. It’s no secret we believe strongly in the future of Nicaragua, and that this future can pay remarkable dividends for adventurous, intelligent individuals who know how to collect the facts, analyze them and make decisions.
As responsible developers, we have hired the best professionals in the country to analyze the different situations and to overcome the obstacles that we have found on the way. We have had to walk a thin line. On the one hand, we do not want to respond to negativity with negativity. On the other hand, it is not prudent to ignore distortions and falsehoods that attempt to besmirch our character and alarm our stakeholders.
Because the civil lawsuit filed by Edward Albert Cole (Cole), the criminal accusations by Cole, Carmen Elizondo and Michael Edmonds, anonymous emails and postings of the Seaside Mariana Investor Union and Geoff and John Bramwell have had such a detrimental impact on our projects, Kevin Fleming and Maria Rueda, it merits further discussion. It affects everyone’s investment; you deserve to know the truth.
On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was dropped with no retraction, penalty, fine, jail time or guilty finding against Kevin Fleming. The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.
On May 20, 2013, the civil lawsuit filed on July 5, 2013 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.
We have a clear and compelling case for continuing with the developments of Isla Mariana and Seaside Mariana with the necessary plans and construction permits obtained and we are working hard toward achieving the goal of bringing our projects to reality.
The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of our developments. The bottom line is that a solution is at hand that puts the needs of our owners exactly where they should be—first and foremost.
No credibility should be given to unknown individuals with postings online or disguised identities such as Cole, Geoff and John Bramwell and the Seaside Mariana Investor Union making wild and false accusations causing untold damages to your investment and related companies of Grupo Mariana, Kevin Fleming and Maria Rueda.
We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful beachfront properties of Isla Mariana Beachfront Retreat and Seaside Mariana Oceanfront Community and how we regroup and move forward.
Grupo Mariana
Managua,#7Author of original report
Tue, July 23, 2013
We believe that providing accurate, current and compelling information is the most important thing we can do. It’s no secret we believe strongly in the future of Nicaragua, and that this future can pay remarkable dividends for adventurous, intelligent individuals who know how to collect the facts, analyze them and make decisions.
As responsible developers, we have hired the best professionals in the country to analyze the different situations and to overcome the obstacles that we have found on the way. We have had to walk a thin line. On the one hand, we do not want to respond to negativity with negativity. On the other hand, it is not prudent to ignore distortions and falsehoods that attempt to besmirch our character and alarm our stakeholders.
Because the civil lawsuit filed by Edward Albert Cole (Cole), the criminal accusations by Cole, Carmen Elizondo and Michael Edmonds, anonymous emails and postings of the Seaside Mariana Investor Union and Geoff and John Bramwell have had such a detrimental impact on our projects, Kevin Fleming and Maria Rueda, it merits further discussion. It affects everyone’s investment; you deserve to know the truth. Read the Nicaragua Brief.
On May 20, 2013, the civil lawsuit filed by Cole was closed. The criminal accusation of Defamation by Cole and his wife Carmen Elizondo was closed in favor of Kevin Fleming. The criminal accusation of Fraud by Cole and Michael Edmonds was dropped. The immigration restriction against Kevin Fleming was lifted and there was no penalty, fine, jail time or guilty finding on any of the accusations filed against Kevin Fleming.
We have a clear and compelling case for continuing with the developments of Isla Mariana and Seaside Mariana with the necessary plans and construction permits obtained and we are working hard toward achieving the goal of bringing our projects to reality.
The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of our developments. The bottom line is that a solution is at hand that puts the needs of our owners exactly where they should be—first and foremost.
No credibility should be given to unknown individuals with postings online or disguised identities such as Cole, Geoff and John Bramwell and the Seaside Mariana Investor Union making wild and false accusations causing untold damages to your investment and related companies of Grupo Mariana, Kevin Fleming and Maria Rueda.
We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful beachfront properties of Isla Mariana Beachfront Retreat and Seaside Mariana Oceanfront Community and how we regroup and move forward.
Grupo Mariana
Managua,#8Author of original report
Fri, January 25, 2013
Mr. Edward Albert Cole
If you are not hiding, why have you not contacted us directly to speak about your grievances with Seaside Mariana Spa & Golf Resort, Kevin Fleming or Maria Rueda. After repeated request to meet with you prior to and to after you commenced legal action, we have received no reply from you from our request to meet.
Instead of making contact through normal means of communication such as the telephone, email, personal visit to our office or attending one of our 6 Discovery Events in Nicaragua during the past two years, you manage to find time to initiate a lawsuit, file the lawsuit irregularly, register the lawsuit illegally and then take no further action for almost 6 months.
In addition, you have been in contact with our clients sending hundreds of emails, making phone calls to our clients and through Seaside Mariana Investor Union, manage to send multiple message since November 2012 to interfere with our clients contracts with your false statements and accusations.
The ONLY frivolous actions taking place are on behalf of yourself, your wife Carmen Elizondo Cole, the Seaside Mariana Investor Union and Geoff and John Bramwell. On the contrary, our responses to your messages and others rebutting your communication thus far have been the truth supported with legal facts and evidence to the contrary of your claims.
I request Immediately that Edward Albert Cole, Carmen Elizondo Cole and the Seaside Mariana Investor Union cease and desist from your deceit, slander, libel, defamation, malicious prosecution and negligent misrepresentations through your false statements and accusations.
We definitively will continue to protect the reputation of our company through consistent public communications of the truth rebutting your false claims and seek financial compensation for damages you have caused by your negligent actions against our clients, Grupo Mariana, Kevin Fleming and Maria Rueda.
We will make contact with your attorney to set up a meeting next week to discuss your intention to drop the illegal lawsuit and proceed with Arbitration as described in your Promise of Sale Agreements. At this time, we have a fiduciary duty to defend our company and facing our responsibilities is exactly what we will continue to do as a reputable company.
It's unfortunate you fail to recognize the magnitude of your situation and the consequences you are facing from your actions. We await your response of acceptance of a meeting under the terms of ending the illegal lawsuit and discuss proceeding forward as described in your Promise of Sale Agreements.