Counsel for Plaintiff
Herndon,#2REBUTTAL Individual responds
Fri, June 01, 2018
SECOND LEGAL NOTICE TO ANONYMOUS AND FICTIOUS AUTHOR OF THIS POST
Please take notice that Daniel Zavadil (“Plaintiff”) has initiated an action in the Circuit Court for Court of Fairfax, Virginia, cause number CL-2018-0003359 (“the Action”), due to allegedly False and Defamatory Per Se statements and Misappropriation of Likeness made by the unknown, anonymous and fictious poster and author of Rip Off Report #754233, known as “Truth Justice & the American Way, Ft. Lauderdale, FL”. In the Action, Plaintiff seeks to subpoena the records of Xcentric Ventures, LLC for your identifying contact information to be sent to Daniel Zavadil, Esq. at: 12919 Alton Square, Suite #318 Herndon, VA 20170-5812. Plaintiff has properly served both a Virginia and Domesticated Arizona subpoena on Xcentric Ventures, LLC, the company that owns and operates this website, to reveal your identities. This notice is to provide you legal notice and not to provide you any sort of legal advice. You may have a right to file and serve a legal response to the subpoenas should you so choose to do so. If you intend to file and serve a legal response, please do so, or properly take all appropriate and necessary legal steps to notify Ripoff Reports and Plaintiff’s Counsel of your intent to do so, on or before June 22, 2018 which is approximately one week prior to deadline for Ripoff Report to provide production of information. Contact information for Counsel has been previously provided and can be obtained on the pleadings.
SECOND LEGAL NOTICE TO ANONYMOUS AND FICTIOUS AUTHOR OF THIS POST
Please take notice that Daniel Zavadil (“Plaintiff”) has initiated an action in the Circuit Court for Court of Fairfax, Virginia, cause number CL-2018-0003359 (“the Action”), due to allegedly false and Defamatory Per Se statements and misappropriation of likeness made by the unknown, anonymous and fictious poster and author of Rip Off Report #754233, known as “Truth Justice & the American Way, Ft. Lauderdale, FL”. In the Action, Plaintiff seeks to subpoena the records of Xcentric Ventures, LLC for your identifying contact information to be sent to Daniel Zavadil, Esq. at: 12919 Alton Square, Suite #318 Herndon, VA 20170-5812. Plaintiff has properly served both a Virginia and Domesticated Arizona subpoena on Xcentric Ventures, LLC, the company that owns and operates this website, to reveal your identities. This notice is to provide you legal notice and not to provide you any sort of legal advice. You may have a right to file and serve a response to the subpoenas should you so choose to do so. If you intend to file and serve a legal response, please do so, or properly take all appropriate and necessary legal steps to notify Ripoff Reports and Plaintiff’s Counsel of your intent to do so, on or before June 22, 2018 which is approximately one week prior to deadline for Ripoff Report to provide production of information. Contact information for Counsel has been previously provided and can be obtained on the pleadings.
Daniel
Herndon,#3REBUTTAL Individual responds
Tue, April 10, 2018
Please be advised that a multi-count Defamation, Defamation Per Se and Misappropriation of Picture and Likeness Suit was filed in the:
COMMONWEALTH OF VIRGINIA
CIRCUIT COURT FOR FAIRFAX COUNTY, CASE # CL 2018-0003359
The case is styled:
DANIEL ZAVADIL, PLAINTIFF
VS.
JOHN AND/OR JANE DOE A/K/A “TRUTH JUSTICE AND THE AMERICAN WAY, FT. LAUDERDALE, FL”, DEFENDANTS
Due to the use of an unknown pseudonym service was properly made via publication. A copy of the pleadings can be obtained by making a request to the Court Clerk, Circuit Court Clerk for Fairfax County, 4110 Chain Bridge Rd., Fairfax, VA 22030.
In this lawsuit, the Plaintiffs are seeking (among other things) damages for Defamation / Defamation Per Se and Misappropriation of Picture and likeness arising out of false and malicious postings that have appeared on the Ripoffreports.com website regarding the Plaintiffs and injunctive relief.
All Readers should be aware and take notice that THE RIGHT TO REMAIN ANONYMOUS IS NOT ABSOLUTE. THE FIRST AMENDMENT DOES NOT PROTECT DEFAMATORY SPEECH. We are in the process of identifying the person or persons who have made these Defamatory and false postings. In particular we will be serving a subpoena on Ripoffreports.com seeking certain documents, electronically stored information, and associated metadata.
We are required to advise you that if you are a party in interest and have any objections to this case or our efforts to subpoena this information, objections they must be served on Counsel for the Plaintiff at 12919 Alton Square, Suite 318, Herndon, VA 20170 and filed with the Court by 4:30 p.m. EST, April 27, 2018. If objections are filed, a hearing will be set. If no timely objections are made by that time, any errors and objections will be waived.
To those persons or companies who have made these False and Defamatory postings, I strongly encourage you to cease and desist your activities at once. Please also be advised that the Plaintiffs intend to pursue the individual(s) and or any individual or company that as aided in the making of these false and defamatory postings to the fullest extent of the law. If you wish to discuss a settlement of this matter, I strongly invite and encourage you to contact me 1) in writing and 2) through your attorney and/or insurance carrier.
Finally, please be advised that my clients have authorized me to offer conditional immunity to the FIRST Defendant who can provide the name, address, and telephone number of the person(s) using the pseudonym “Truth Justice and the American Way, Ft. Lauderdale, FL”, in the relevant RipOff.com blog postings. This offer does NOT extend to 1) the person(s) using the pseudonym “Truth Justice and the American Way, Ft. Lauderdale, FL”. 2) this offer of immunity will expire upon my receipt of this information from any source (be it independent investigation, discovery, witnesses, Defendants, or otherwise) Furthermore, this offer is only available to parties that contact me 1) in writing and 2) through your attorney and/or insurance carrier.
Thank you for your attention.
Dan Zavadil, Esq.
12919 Alton Square, Suite 318
Herndon, VA 20170
(954) 304-3939