Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up [Archive] - Page 3 - RealScam.com

Soapboxmom

07-08-2012, 10:03 PM

http://www.fjc.gov/public/pdf.nsf/lookup/rule11sanc.pdf/$file/rule11sanc.pdf

For the most part, in the cases I studied, sanctions were imposed
early in the pretrial process in conjunction with a ruling on a
motion, often a motion to dismiss or for summary judgment (see
table 11, infra). The sanction reinforced a decision made under that
ruling and served as a notice aimed at deterring future filings of
similar cases......

The test for sanctioning a legal argument as unfounded
or frivolous was whether it "has absolutely no chance of success
under the existing precedents, and where no reasonable argument
can be advanced to extend, modify or reverse the law as it
stands. "68.....

Courts are more likely to impose
sanctions when a party fails to confront adverse authority and
advances an argument that is
• rejected by an unbroken string of authority (as opposed to an
argument relating to a questionable or more complex area); or
• previously rejected by the court in the same or closely related
litigation.96....

• Adverse information supplied by an adversary constitutes
notice of the need for further investigation, and failure to investigate
is strong evidence of a violation of the rule.
• Reliance on a client's story is not sufficient if further
investigation is reasonable and feasible; however, if verification is
not feasible, an attorney may proceed if the client's story is plausible
and credible.
50.....

lawyer is well advised to do the following before filing a complaint,
answer, or other major pleading:
1. Interview the client or clients personally. A reasonable
factual inquiry demands a thorough personal interview
with the client, including the identification of key witnesses
and the review of pertinent documents.1l8Lawyers
interviewed for this study added some practical advice that
embellishes this guideline and makes it more concrete.
Several would elicit a written version of the client's claim.
One would even get an affidavit in an appropriate case.
Several lawyers indicated that they review the factual allegations
in the pleadings with the client prior to filing. Others
refer to "cross-examination" of clients in appropriate
contexts.1l9
2. Dissuade the client from filing a specious claim
and try to find other ways to address the problem.
120 As one lawyer I interviewed put it, rule 11
"involves the lawyer in the decision to sue, no longer
[simply] serving the wishes of the client." Rule 11 affords
the lawyer an independent reason to discourage specious,
dilatory claims or defenses.
3. Identify or anticipate responses of opposing parties.
l21 The lawyers surveyed identified several ways of anticipating the opponent's claims. One time-honored
method is to send a demand letter prior to filing suit. Another
is to "look at the interplay between the client and the
opposing party," as one lawyer expressed it. By reviewing
the correspondence and evidence of the relationship between
the parties, a lawyer can get a sense of the defenses
that might be raised. In one office, the lawyer's partner
took the role of lawyer for the opposing party and prepared
a memorandum in support of a motion to dismiss. Playing
the devil's advocate in less formal modes was commonplace
among the lawyers.
4. Review relevant documents.122 In many of the cases
involving high risks of sanctions, such as securities actions,
documents are available for review before filing. In
employment discrimination cases, such review can be a
problem because of delays in administrative proceedings
and the need for discovery to obtain records from employers.
Lawyers are held accountable for reading and analyzing
available documents.
S. Interview witnesses if they are available.123 Many
lawyers suggested obtaining affidavits from witnesses and
having an investigator do the interviews.
6. Examine tangible evidence if available.
7 . Consult with an expert in the area of law or the
area of factual dispute.124 Larger firms routinely require
consultation with a litigation specialist who is well
versed in the demands of rule 11. For lawyers who practice
infrequently in federal court, consultation with an experienced federal practitioner may be a practical necessity in a
matter of any complexity. For solo practitioners, consultation
with another lawyer may be an indispensable means of
obtaining an objective analysis of a close case.....

Another factor affecting the risk of sanctions is the degree to
which the substance of the claims tends to stigmatize the defendant,
stimulating a subjective desire for vindication and revenge.
I would bet Holbrook's attorney, Sue Seeberger, made virtually no effort to read all the newspaper articles, court docs and posts written etc. She filed her complaint based on Holbrook's word that there were false and defamatory statements even though she had been challenged publicly by me, Craig Malisow and others to produce these alleged false statements of fact her frivolous harassment filing was based on. She should have known full well that any false statements of fact would be retracted, edited or apologized for as appropriate from reading that pertinent evidence.

The fact Holbrook doesn't like what various parties has written does not meet the legal standards for libel and defamation. It is also painfully obvious that there was plenty of case law that suggests that even if she had found false statements, that filing against the third-party defendants would fail as a matter of law as it had nothing in essence to do with the case between Holbrook and Huber Heights. Holbrook and his attorney need to be held fully accountable for this unwarranted harassment and expense this frivolous case is generating.

Soapboxmom

pantherdadX2

07-09-2012, 07:16 AM

Let's give Don credit where credit is due, the frivolous lawsuits could be a desperate attempt to inflate the 50,000 jobs created number. Add a dozen more when they file in Texas against my partners in cyber-criminal activity, Buzz, Woody, and Mr. Potatoe Head. What, will Don and Sue obtain a court-order to permanently seal my son's toybox? I've tried to keep the closet locked, but that Woody is one smart cookie!

pantherdadX2

07-09-2012, 07:44 AM

littleroundman, I've been informed Geppettos' Workshop now includes the 4th village on the left, due to expansion in acommodating the ever-expanding growth of said nose. Just think Don, more consruction jobs created in the expansion of Geppettos' workshop!!! Too bad they're in the wrong country.:duh:

Soapboxmom

07-09-2012, 01:02 PM

I assume this case has Holbroook and his attorney all lathered up:
Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster (http://www.calfee.com/ArticleView.aspx?ArticleID=873)

Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster

Tuesday, July 06, 2010

Litigation (http://www.calfee.com/services/litigation/generallitigation.svc)
Ohio Supreme Court Finds Personal Jurisdiction Over Out-of-State Internet Poster
Kauffman Racing Equipment, L.L.C. v. Roberts, 2010-Ohio-2551 (June 10, 2010)

In a recent 4-2 decision*, the Ohio Supreme Court held that an Ohio court may exercise personal jurisdiction over a nonresident who makes comments on the Internet concerning an Ohio resident with the intent to cause harm.
The Case
The plaintiff, Kauffman Racing Equipment, L.L.C. (Kauffman), an Ohio limited liability company, manufactures engine blocks and other high-performance automobile equipment. The defendant, Scott Roberts (Roberts) is a Virginia resident who had never physically entered Ohio. Roberts purchased a Pontiac engine block from Kauffman's website, and later requested a refund, claiming that the block was defective. Kauffman found that substantial alterations were made to the block and refused to refund Roberts. Roberts subsequently made numerous postings to websites related to the automobile racing industry. Roberts's postings asserted that the block was "junk" and indicated his explicit desire to extract revenge upon Kauffman through his posts.

After receiving inquiries about the comments from at least five Ohio residents, Kauffman sued Roberts in Knox County Common Pleas Court alleging defamation and intentional interference with contracts and business relationships. The trial court dismissed the action for lack of personal jurisdiction. The Fifth District Court of Appeals reversed and held that the trial court had personal jurisdiction over Roberts.
The Ohio Supreme Court accepted Roberts's appeal to determine "whether an Ohio court can properly assert personal jurisdiction over a nonresident defendant when jurisdiction is predicated on that defendant's publication of allegedly defamatory statements on the Internet." The Court applied the two-pronged Ohio personal jurisdiction test, examining:

whether the long-arm statute and applicable rule of civil procedure confer jurisdiction, and, if so;
whether the exercise of jurisdiction would deprive the nonresident defendant of due process under the Fourteenth Amendment to the United States Constitution.

The Findings
The Court found that personal jurisdiction would be proper pursuant to R.C. § 2307.382(A)(3) and Civil Rule 4.3(A)(6), which allow jurisdiction and service of process over a nonresident who causes "tortious injury by an act or omission in this state." Roberts argued that he did not direct the allegedly tortious statements to Ohio or publish them in the state. But the Court analogized to a previous case in which it held that sending a letter to an Ohio resident was sufficient to confer jurisdiction in a defamation action. Fallang v. Hickey, 40 Ohio St. 3d 106 (1988). Kauffmann had established that at least five Ohio residents saw Roberts's statements, which was sufficient to demonstrate that the comments were “published” in Ohio.
The Court also found that even if Roberts had not published his statements within Ohio, R.C. § 2307.382(A)(6) and Civil Rule 4.3(A)(9) would subject him to personal jurisdiction. Those provisions allow jurisdiction over a person that causes "tortious injury in this state to any person by an act outside this state committed with the purpose of injuring persons, when he might reasonably have expected that some person would be injured thereby in this state." The Court found that Roberts's statements were made outside of Ohio with the purpose of injuring an Ohio resident and there was a reasonable expectation that the injury would occur in Ohio.
The Court further found that exercising personal jurisdiction over Roberts did not violate his Fourteenth Amendment due process rights because Roberts made his postings with the intent of injuring an Ohio resident. To reach this finding, the Court applied a three-part test:

the defendant must purposefully avail himself of the privilege of acting in Ohio;

the cause of action must arise from the defendant's activities in Ohio; and
the acts or consequences of the defendant's acts must have a substantial enough connection with the forum state to make the exercise of jurisdiction over the defendant reasonable. Southern Machine Co. v. Mohasco Indus., Inc., 401 F.2d 374, 381 (6th Cir. 1968).

As to the first prong of the test, the Court explained: "Roberts intended the effects of his conduct to be felt in Ohio. His statements were communicated with the very purpose of having their consequences felt by [Kauffman] in Ohio." The Court also noted that the posts were read by Ohio residents and that Roberts knew that Kauffman's business reputation was centered in Ohio. Roberts's comments also met the second prong because Kauffman's cause of action arose from the allegedly defamatory statements, which were based on Roberts's contacts with Ohio. Roberts's actions satisfied the third prong because the state's "legitimate interest in protecting the business interests of its citizens" made the exercise of jurisdiction over Roberts reasonable. The Court thus affirmed the exercise of jurisdiction over Roberts.
The Impact
The effects of Kauffman are difficult to predict. In a dissent joined by Justice Lanzinger, Justice O'Donnell critiqued the majority for "extend[ing] the personal jurisdiction of Ohio courts to cover any individual in any state who purchases a product from an Ohio company and posts a criticism of it on the Internet with the intent to damage the seller." The case appears to be limited to situations where the statement is made with the intent to injure. Time will tell whether the decision provides a route to relief for Ohio companies subject to attack from defamatory Internet postings originating outside of Ohio.

There are all kinds of issues for Holbrook. He is not a resident of Ohio. And, his business and reputation clearly are not centered in Ohio. His business only registered as a foreign corporation on April 25, 2012, which is one day after Huber Heights filed suit. So, any allegedly tortious acts happened before he had any real presence in that state. And, as the city gave him the heave-ho on March 14, 2012 those statements Holbrook imagines must predate that. Holbrook has rambled endlessly about defamatory statements, but he doesn't seem to grasp those statements he is referring to are centered around the defunct Earthquest Institute, stalled Earthquest theme park project and a proposed project in Pahrump, Nevada. So, the statements Holbrook has been melting about are not targeting Ohio or about his business there in any way.

None of those Holbrook sued could have had any intent or reasonable expectation of injuring anyone in Ohio by discussing matters of public concern related to their states of residence, which are Texas and Nevada. My comments are on the site I admin for, the Pahrump Valley Times and numerous sites devoted specifically to the area local to Earthquest such as the the:

https://www.facebook.com/pages/Earth-Quest-Adventures-Houston/240136904264

Discussion about the New Caney Dino Park - Houston Dinosaur Park (http://www.houstondinopark.com/discuss.php)

Roman Forest Online Message Board - Latest on Earthquest theme park (http://www.romanforest.proboards.com/index.cgi?action=display&board=general&thread=801&page=9)

Kingwood Underground - the heart and soul of our Kingwood, Texas family (http://kingwoodunderground.com/topic.jsp?w=&s=0&n=40&topicId=11722526)

Fantasy Land - Page 1 - News - Houston - Houston Press

(http://www.houstonpress.com/2012-04-12/news/earthquest-green-amusement-park/)

Soapboxmom

07-09-2012, 01:49 PM

http://www.eastmansmith.com/documents/publications/1210%20blog%20own%20risk.pdf

The Court further ruled, even if the allegedly
tortious conduct did not take place within the territorial boundaries of Ohio, Mr. Roberts could still be sued in Ohio because
he had both the reasonable expectation and the actual intent that these statements would inflict injury within Ohio....

The Supreme Court’s decision in the Kauffman case is now the standard by which trial courts will determine whether
a nonresident can be sued in Ohio. Even though this appears to be a broad ruling, with a signifi cant reach outside Ohio,
future courts will likely require a nonresident defendant to have “minimum contacts” with Ohio before exercising jurisdiction.
If that criteria is followed, this ruling, while important, will not be a dramatic departure from Ohio jurisprudence, as
was argued by the dissent, but instead will be a logical progression of the law in a new internet era.

Judge James Kimbler's Blog: Ohio Court Can Assert Personal Jurisdiction over Nonresident Defendant in Internet Defamation Case (http://lawtalk.blogspot.com/2010/06/ohio-court-can-assert-personal.html)

Roberts intended the effects of his conduct to be felt in Ohio. His statements were communicated with the very purpose of having their consequences felt by KRE in Ohio. The contention that his statements were not made with the purpose of injuring some person in Ohio is unavailing. The postings themselves indicate his purpose of injuring Kauffman. For example, on his October 18, 2006, posting, Roberts stated: “[w]hat I loose [sic] in dollars I will make up in entertainment at their expence [sic].” On October 19, 2006, he wrote: “[a]gain, this is not to get a resolution. I have a much bigger and dastardly plan than that and this is a good place to start.” Many of the postings name Kauffman directly and specifically mention Ohio.”

“Here, Roberts not only knew that Ohio resident KRE could be the victim, he intended it be the victim. The allegedly defamatory communications concerned KRE’s activities in Ohio. We are not dealing with the situation in which jurisdiction is premised on a single, isolated transaction. The posts detailed the transactions between Roberts and KRE. Moreover, the purchase of the engine block and subsequent transfers from Virginia to Ohio and back again served as the foundation from which this dispute arose. Roberts’s allegedly defamatory posts were predicated on his course of dealing with an Ohio resident corporation. At least five Ohio residents other than Kauffman read these postings. Lastly, although KRE does business nationwide, its business reputation is centered in Ohio, because Ohio is the location of its sole base of operations. Roberts knew, and in fact intended, that the brunt of the harm caused be felt by KRE in Ohio. Thus, the focal point of the damage was Ohio, and Roberts’s actions therefore fulfill the requirement of causing a consequence in Ohio.”
This precedent setting case bears little in common with Holbrook's goofy filing! Holbrook needs to show that postings were targeted to Ohio with the specific intent of injuring an Ohio business or resident whose reputation centers there. The arguments in favor of a bunch of newspapers writing about Earthquest accomplishing that should make for some hilarious losing BS by team Holbrook.

Soapboxmom

Soapboxmom

07-09-2012, 03:42 PM

Overview of Personal Jurisdiction -- U.S. Perspective (http://www.kentlaw.edu/cyberlaw/docs/rfc/usview.html)

Zippo Manufacturing Company v. Zippo Dot Com, Inc.(44) (http://www.kentlaw.edu/cyberlaw/docs/views/usview.html#N_44_) has provided the analytical framework most commonly used by lower courts. The plaintiff, which manufactured Zippo lighters, sued the California defendant, an internet news service, in the western district of Pennsylvania for violations of trademark laws. The court's critical insight was:
... the likelihood that personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and quality of commercial activity that an entity conducts over the Internet. This sliding scale is consistent with well developed personal jurisdiction principles. At one end of the spectrum are situations where a defendant clearly does business over the Internet. If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper. At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions. A passive Web site that does little more than make information available to those who are interested is not grounds for the exercise of personal jurisdiction. The middle ground is occupied by interactive Web sites where a use can exchange information with the host computer. In these cases, the exercise of jurisdiction is determined by examining the level of interactivity and commercial nature of the exchange of information that occurs on the Web site.(45) (http://www.kentlaw.edu/cyberlaw/docs/views/usview.html#N_45_)
The failure of a passive web site to alone sustain jurisdiction been previously noted in a case Zippo cites, Bensusan Restaurant Corp. v. King, (46) (http://www.kentlaw.edu/cyberlaw/docs/views/usview.html#N_46_) in which the court acknowledged that placing a site on the internet permits access throughout the world but denied that the defendant's act was directed toward New York. The common sense justification for the decision is two-fold: first, a party who wishes to post anything on a web site cannot control or limit where the site is accessed; it is not possible to choose "local" as opposed to "worldwide" distribution. Second, the poster itself does not determine who sees the site; "pull" technology requires an active rather than passive viewer....

One example of Zippo's application is sufficient here: Millenium Enterprises, Inc. v. Millennium Music Lp.(48) (http://www.kentlaw.edu/cyberlaw/docs/views/usview.html#N_48_) This, too, was a trademark case; in agreement with other courts, the issue was framed as whether the defendant's efforts had been "purposefully directed toward forum residents."
The legal issues here are fascinating. All this will be debated very publicly and Don Allen Holbrook will be the subject of discussions about this vicious attack on the media and taxpayeres for years to come. Good luck with that, Hobrook!!!!

Soapboxmom

pantherdadX2

07-10-2012, 09:18 AM

Soapboxmom

07-10-2012, 06:36 PM

http://www.realscam.com/f11/trey-white-fake-multi-billionaire-marlin-atlantis-earthquest-park-don-holbrook-iedc-654/index11.html#post24657

Soapboxmom

07-10-2012, 06:41 PM

Holbrook better get started on that next book. With a change in context and title it would more than likely make the New York Times best-seller list. I could go all day with titles, but here are just a few. " The Art Of The STEAL Today.....Lapping Up Governmental Gravy Until The Bowl's Sqeaky Clean ", or how about "Milk That Governmental Cash Cow Until The Teets Are UDDERly Red......Or Falling Off (How I Turned $25,OOO Into Over $1,000,OOO)". SBM, this is starting to give creedence to what a poster on the KW Underground posted right after Don's online meltdown. He posted, and I quote, "Dude, we're just getting started!":RpS_flapper:
Now, that Earthquest will receive no further funding, Holbrook's gravy train here in Texas is over!!! Yippee!

He could also write a lovely book entitled Don't Mess With Texas and Get Kicked in the Solar Plexus! pantherdadx2, the Texas taxpayers and media rule!!!!

Soapboxmom

littleroundman

07-10-2012, 07:16 PM

PEOPLE POWER STRIKES AGAIN:

http://i218.photobucket.com/albums/cc153/thelittleroundman/Scams/emcid.jpg

http://www.ourtribune.com/article.php?id=13812 (http://www.ourtribune.com/article.php?id=13812)

Soapboxmom

07-10-2012, 07:24 PM

2. Third-Party Defendant Heather Dobrott (“Dobrott”), upon information and belief,
is a resident of Garland, Texas, which is located about 25 miles northeast of Dallas and about
250 miles northwest of Houston, is also known by the user name “soapboxmom”, is the
administrator of a website with the address www.realscam.com (http://www.realscam.com), regularly and frequently blogs,
posts, re-posts, and posts links to defamatory, derogatory, and false statements on a variety of
websites and blogs, including but not limited to defamatory, derogatory, and false statements
about Don Allen Holbrook, LLC, at least since February 7, 2012, if not earlier, constituting
cyber-stalking and cyber-harassment, including but not limited to,
http://pvtimes.com/news/theme-park-contractor-holbrook-sued-by-ohio-town/;
http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/pahrumpnv?
q=u:pvtimes.com;
http://blogs.houstonpress.com/hairballs/2012/05/earthquests_don_holbrook_sued_huber_heights.
php; Discussion about the New Caney Dino Park - Houston Dinosaur Park (http://www.houstondinopark.com/discuss.php;) and
Kingwood Underground - the heart and soul of our Kingwood, Texas family (http://kingwoodunderground.com/topic.jsp?topicId=11722526), regularly and frequently posts
links on “www.realscam.com” (http://www.realscam.com%E2%80%9D) and other websites to postings and blogs written by Third-Party
Defendant Frank Maurizio, Third-Party Defendant Craig Malisow, Third-Party Defendant
Cynthia Calvert, and others that include defamatory, derogatory, and false statements about Don
Allen Holbrook, LLC, in order that such postings exploit search engine optimization on websites
such as Google and other search engine websites so that defamatory, derogatory, and false
statements about Don Allen Holbrook, LLC, go “viral” and are listed at the beginning of any
4
search for “Don Allen Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the
name, on internet search engines and which postings have been seen and downloaded from the
internet by persons residing in the State of Ohio....

12. Upon information and belief, shortly after Malisow placed his telephone call on or
about February 29, 2012, to Mr. Adams, persons either employed by the City or elected officials
of the City, are believed to have conducted “internet research” on Don Allen Holbrook, LLC
and, as a proximate result of the concerted action among Third-Party Defendants in posting and
re-posting defamatory, derogatory, and false statements about Don Holbrook, causing them to
“go viral” because of search engine optimization logarithms, persons either employed by the City
or elected officials of the City found defamatory, derogatory, and false statements on the
internet, including but not limited to defamatory statements (per se or per quod), by Dobrott,
Maurizio, Malisow, Calvert, and possibly other unknown persons on the various websites
9
identified above, calling Don Allen Holbrook, LLC, a “scammer”, “scam artist”, “a work at
home scam promotor”, “The Music Man” (making reference to Meredith Willson’s character
“Harold Hill”, a confidence man, in the Broadway show, “The Music Man”), “selling bottles of
magic water”, posting photos on websites allegedly showing “drunken dancing” on a table,
“drunken antics”, “drunken soirees”, stating that Mr. Holbrook “misrepresented the [Houston
Earthquest] project to folks in Pahrump [Nevada]”, stating that “expenses are downright
criminal”, referring to “Holbrook and his flunkies”, stating “I am going to label this guy
[Holbrook] nothing more than a self promoting and quite arrogant scammer”, and, upon
information and belief, taking credit for ruining the business and reputation of Don Allen
Holbrook, LLC on 03-30-2012 on www.realscam.com: (http://www.realscam.com:) “Pardon me, but Mr. Holbrook brags of
that 100 projects worth billions that created 50,000 jobs, but has yet to name even one of these. I
want a complete list so I can verify that he was responsible for these lofty accomplishments he
brags of. His recent projects have been falling through. Earthquest is in bankruptcy and the
charitable institute part of that project is defunct after Don Holbrook walked away with 33% of
the almost 1 million raised. Other projects may well not go forward as his credentials and
accomplishments are being investigated.” Emphasis added....

26. Upon information and belief and sometime on or before February 29, 2012,
defamatory, untrue, derogatory, and false statements about Don Allen Holbrook, LLC were
posted by internet bloggers Dobrott, Maurizio, and articles were posted on the internet by
Malisow and Calvert on various websites, including but not limited to realscam.com,
pvtimes.com, houstonpress.com, ourtribune.com, and were re-posted to exploit search engine
optimization logarithms to cause harm to Don Allen Holbrook, LLC....

33. At a meeting on March 14, 2012 between Don Allen Holbrook, LLC and
members of the City Staff, including Mayor Ron Fisher and Mark Campbell, a member of the
City Council, Mr. Campbell said, without any warning to Don Allen Holbrook, LLC, 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
under the Agreement....

COUNT ONE AGAINST ALL THIRD-PARTY DEFENDANTS:
CIVIL CONSPIRACY

COUNT TWO AGAINST ALL THIRD-PARTY DEFENDANTS:
TORTIOUS INTERFERENCE WITH CONTRACT
AND PROSPECTIVE BUSINESS RELATIONS

COUNT THREE AGAINST ALL THIRD-PARTY DEFENDANTS:
DEFAMATION (PER SE OR PER QUOD).......

A. On Count One for Civil Conspiracy, Third-Party Plaintiff Don Allen Holbrook,
LLC asks this Court to grant judgment in its favor and against all Third-Party Defendants,
compensatory damages in favor of Third-Party Plaintiff Don Allen Holbrook, LLC in an amount
in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of
$50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and
all costs of this action and the Complaint filed against it;
B. On Count Two for Tortious Interference with Contractual Relations with the City,
with Pahrump Nevada, and tortious interference with prospective business relations against all
Third-Party Defendants, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant
judgment in its favor and against these Third-Party Defendants, compensatory damages in an
amount in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of
$50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and
all costs of this action and the Complaint filed against it;
C. On Count Three of the Third-Party Complaint for Defamation per se and/or per
quod, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant judgment in its
favor and against all Third-Party Defendants, compensatory damages in an amount in excess of
$25,000.00 to be shown at trial or if such statements are determined to be defamatory per quod,
special damages in an amount in excess of $66,000.00 for any losses relating to the City, special
damages in an amount in excess of $80,000.00 for any losses relating to a pending contract with
Pahrump, Nevada, special damages in an amount in excess of $25,000.00 relating to any other
losses that may be shown at trial relating to existing, pending and/or future losses of business
with existing and/or prospective clients, compensatory damages to repair its reputation on the
20
internet in the approximate amount of $25,000.00 for the first year and approximately $8,000.00
per year thereafter, to be shown at trial, punitive damages in an amount in excess of $50,000.00
to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and all costs of
this action and the Complaint filed against it; and
D. For such other legal and/or equitable relief this Court deems just and proper.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye

It is time to be very clear on why I believe that Holbrook and his counsel are going to go down in flames.

Of those websites listed that I am posting on, the only one I posted on before March 14th when the city told Holbrook his report was not acceptable and they wanted their money back was www.realscam.com (http://www.realscam.com). So, in relation to the alleged tortious intereference with the contract with the city, which is what the original case and this one must center on, there is page one of this thread. That is not going to cut it!

Craig would have called on February 29th for information for his article. Full of questions and nothing more.

Frank Maurizio wrote his Music Man series of blogs starting May of 2012. Craig Malisow's article about Earthquest hit the paper on April 11th, 2012 which is long after Huber Heights sent him packing!!!

Cynthia Calvert and the Tribune had the following articles published before the March 14 blow-up:

EarthQuest land in bankruptcy - Tuesday, January 10, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13146) (no mention of Holbrook)

EMCID may lose millions unless dino-project built - Tuesday, January 24, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13242) (no mention of Holbrook)

Court gives EarthQuest developer time to raise money, save project - Tuesday, February 07, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13295)

A Disneyland for gun lovers - Monday, February 20, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13341)

Where's the money? - Tuesday, February 21, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13351) (no mention of Holbrook)

Second dino-park in Jasper sunk by savvy officials - Tuesday, March 06, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13409) (no mention of Holbrook)

EarthQuest fees mount - Tuesday, March 06, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13408)

Crowd interested in recent EarthQuest revelations receive little formal update - Friday, March 09, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13414) (no mention of Holbrook)

So, the Ohioans would have been able to access those articles and the first page of this thread. Virtually all the numerous alleged defamatory comments Holbrook's attorney mentions were published long after the city sent him packing. And, as they are all truthful, factual and/or expressions of opinion, they are therefor not defamatory or false as he and his attorney claim.

Holbrook's problems in Ohio are his own doing entirely! There is no conspiracy, no tortious interference in Ohio and no defamation. His problem in Pahrump is again his own doing and that issue has no place in this case that is based on his dealings with Huber Heights Ohio.

If Holbrook thought he had problems with posts about him going viral before, boy is he in for a surprise! He isn't likely to get this past some brilliant Motions to Dismiss. I am sure all the defendants will be looking to recover the attorney fees on this frivolous harassment filing. This should be turned around on Holbrook and Seeberger and I hope Motions for Sanctions will be filed.

Holbrook has made wild accusations of libel and defamation when the postings are in fact truth, facts and opinion as far as I can see. Seeberger apparently didn't bother to check out what Holbrook told her. So, I think she has been negligent and reckless in this filing and possibly downright deceitful. She had an obligation when signing this filing against all of us to do so in good faith knowing the facts were established or likely to be established with discovery. This groundless, harassment fishing expedition is inexcusable!

As Holbrook stiffed Peabody Nixon to the tune of 1.29 million, I would be worried about working on a losing case for free if I was Seeberger! And, with all the bloggers and newspapers targeted, this is sure to get a deluge of publicity!

Soapboxmom

littleroundman

07-10-2012, 08:02 PM

33. At a meeting on March 14, 2012 between Don Allen Holbrook, LLC and
members of the City Staff, including Mayor Ron Fisher and Mark Campbell, a member of the
City Council, Mr. Campbell said, without any warning to Don Allen Holbrook, LLC, 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
under the Agreement....

How downright insulting to Mr Fisher, Mr Campbell and staff is that little gem ???

Are Mr Holbrook and/or his attorney seriously suggesting the aforementioned gentlemen are incapable of coming to the conclusion they did based solely on their own experience/s ??

did not believe that the City had received any value for the monies paid, and demanded a full refund of all monies paid under the Agreement...

Maybe it's just me, but I cannot see the part where ANYONE says: "because of what Soapboxmom said" or "because of what some internet blogger stated/implied"

Certainly looks like a major http://www.angelfire.com/home/lake/images/manboat.gif expedition, to me.

Soapboxmom

07-10-2012, 10:24 PM

How downright insulting to Mr Fisher, Mr Campbell and staff is that little gem ???

Are Mr Holbrook and/or his attorney seriously suggesting the aforementioned gentlemen are incapable of coming to the conclusion they did based solely on their own experience/s ??

Maybe it's just me, but I cannot see the part where ANYONE says: "because of what Soapboxmom said" or "because of what some internet blogger stated/implied"

Certainly looks like a major http://www.angelfire.com/home/lake/images/manboat.gif expedition, to me.
One has to wonder at this point if Holbrook's attorney Sue Seeberger is possibly incompetent, not particularly bright, dishonest and/or being bullied by her client into making foolish allegations and filings. Holbrook's contract dispute is between him and the city and has nothing to do with any outside parties!

Soapboxmom

Soapboxmom

07-10-2012, 10:42 PM

Don Allen Holbrook has been jumping up and down about his new book all over the internet since Sunday and he is the only one commenting on it and reviewing it. It landed with a huge thud!!!

Newest Reviews

see all reviews (http://www.shelfari.com/books/29838352/The-Art-of-the-Deal-Today/reviews) http://cf-ui.shelfari.com/usr2890284634773414860584711.jpg (http://www.shelfari.com/o1514849265)

Rated 5 stars

“My latest book on how small to medium companies can find capitalization in this frozen credit market in the aftermath of the 2008 global financial crisis.”
Don Allen Holbrook (http://www.shelfari.com/o1514849265) wrote this review 2 days ago. ( reply | permalink (http://www.shelfari.com/books/29838352/The-Art-of-the-Deal-Today/reviews/3659889) ) Was this review helpful? Yes | No
No one that is in the economic devlopment community that knows what is going on seems to want to get their good name tangled up with his adventures. What a surprise!!!

Soapboxmom

littleroundman

07-10-2012, 10:57 PM

Don Allen Holbrook has been jumping up and down about his new book all over the internet since Sunday and he is the only one commenting on it and reviewing it. It landed with a huge thud!!!

No one that is in the economic development community that knows what is going on seems to want to get their good name tangled up with his adventures. What a surprise!!!

Soapboxmom

It would have to be a pretty brave potential client who'd risk becoming involved with Mr Holbrook after his recent behaviour.

Risk the wrath of your constituents, risk losing their money AND risk having your own pants sued off is not an inspiring course of action for potential clients, one would imagine.

pantherdadX2

07-10-2012, 11:17 PM

Woody says KiiiiiiYaaaaaayyyyy, Soapboxmom. It seems as though the peasants have spoken loud and clear and sent a message to someone. Sir GravyLapper, takest thy consultations elsewhere and don't let the door hitteth thou a$$ on the way out of Texas! And don't forget to take those best-selling books that won't even bring a nickel at a yard-sale. The noxious gas compressed in between the pages is giving off a foul odor that smells a lot like a sewage treatment plant that is sickening people :pt: Buzz and Woody snuck out of the toybox again and wanted to post a greeting to you Don, but I felt it was highly inappropriate and very unprofessional and threatenen to give them away to the local day-care facility, which seems to have straightened them out. HEY, WOODY, CUT THAT OUT, THAT HURTS! Buzz, what are you doing with that duct-tape? Someone help me, I can't move move movemovemove..............HEY DON, :RpS_flapper: OUR :mooning: SIGNED - BUZZ and his dubious consultant WOODY

laidback

07-10-2012, 11:18 PM

One has to wonder at this point if Holbrook's attorney Sue Seeberger is possibly incompetent, not particularly bright, dishonest and/or being bullied by her client into making foolish allegations and filings. Holbrook's contract dispute is between him and the city and has nothing to do with any outside parties!

Soapboxmom
Errr, Maybe not too bright?I presume that in this portion,
search engine optimization logarithms she meant "algorithms". (Logarithms is an area of mathematics, algorithms are decision methods). Kinda curious how she figures to get a finding of conspiracy. It would seem that at the behest of Donny boy, she is throwing a bunch of crap at the wall and hoping something will stick. Perhaps she is using the "shotgun" approach because she has no single "count"that she feels has a strong case. (That is the first time I have seen the term "count" used in a civil action)

littleroundman

07-11-2012, 12:17 AM

It would seem that at the behest of Donny boy, she is throwing a bunch of crap at the wall and hoping something will stick.

It will be worth waiting for the court case to find out how they made the leap from: "the client was unhappy with the service provided, refused to pay AND asked for money back"

to:

"Anonymous internet bloggers asking questions and reporters reporting facts caused the client to become unhappy with the service provided, refusing to pay AND asking for money back"

Surely to goodness, any consultant worth his salt and whose future endeavours rely so heavily on public perception would want to keep his client disputes as far from the public eye as possible.

Still, as so often happens, the need to be seen to be "right" overrides common sense, even when continuing to pursue being "right" comes at such great cost.

pantherdadX2

07-11-2012, 08:04 AM

Exactly Soapboxmom's point littleroundman, this is turning into a circus show with Holbrook as the Head Ringmaster. I caught that when SBM rolled that one down the red carpet, and a Judge will as well ,without a trial. If reporters (As well as Soapboxmom) are reporting FACTS ( thats the KEY WORD), should anonomous bloggers NOT ask questions? That right there should get Calverts, Malisows, AND Soapboxmoms cases flushed down the loo. As for me, my pals Buzz, Woody, and Mr. PotatoeHead, if our comments have infuriated him to the point of wanting to sue for defamation and derogatory postings, her's a tiny message for him and his so-called lawyer, :Fiddler: This reminds me of the time when my daughter was very young, and her two older brothers would tease the pee out of her and her little bitty beautiful face would turn as red as the linkbacks bar on the bottom of this page. Of coarse, the more I punished the boys and the redder her face got, the more they teased her! Filing frivilous lawsuits will get you nowhere Don, so, borrowing a phrase Cowboy told Pyle in the movie " Full Metal Jacket" after they beat him with the bars of soap, "It's all a bad dream, Fatboy". Take my advice, find another group of idiots like the ones you found in EMC, and milk THEM and their constituants (taxpayers) for all they're worth, and get on with your life. The truth will set you free.

Soapboxmom

07-11-2012, 08:20 AM

Errr, Maybe not too bright?I presume that in this portion, she meant "algorithms". (Logarithms is an area of mathematics, algorithms are decision methods). Kinda curious how she figures to get a finding of conspiracy. It would seem that at the behest of Donny boy, she is throwing a bunch of crap at the wall and hoping something will stick. Perhaps she is using the "shotgun" approach because she has no single "count"that she feels has a strong case. (That is the first time I have seen the term "count" used in a civil action)
Absolutely! I call that the dartboard theory of law practice. Throw as many darts (allegations whether they have any basis in law or fact or not) and hope something or anything at all sticks. As the case law I have analyzed shows, her case has numerous problems and was most certainly not well thought out or executed.

And, dare we mention that Holbrook stiffed Peabody Nixon to the tune of 1.29 million and is listing a 20 grand debt to a Texas attorney on his current bankruptcy. So, she is risking her reputation for a client that may well not be able or willing to pay her. With all the parties she dragged in, this litigation is going to cost a fortune. Also, it may well get turned around on them.

Not too bright to be sure! I am apparently being sued because of my SEO skills. :computer_smash:

Soapboxmom

Soapboxmom

07-12-2012, 07:43 AM

The question about Holbrook and the response are priceless. Gotta love Notorial Dissent for hitting the nail on the head!!!

Quatloos! • View topic - Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet (http://www.quatloos.com/Q-Forum/viewtopic.php?f=22&t=8508&sid=b8e6145b312e766e3694153c14d6ecd0&start=40#p143798)

pantherdadX2

07-12-2012, 09:03 AM

I can just imagine the Supreme Master of the Internet's response to the last post by Notorial Dissent. It more than likely consisted of these three elements - :computer_smash: , :throw_computer: , and "none shall post, NONE SHALL POST!!!"

Soapboxmom

07-12-2012, 11:56 AM

If Holbrook's online shenanigans haven't scared off potential clients that are looking for paid speakers, his looney contract certainly will:

Standard legal Dispute Resolution and disclaimer
Both Parties agree that any legal dispute including collection of unpaid fees shall be the financial responsibility of the party that prevails. This shall include any attorney fees, collection agency fees, and additional time required by the speaker in pursuit of relief and remedy to the breach of this contractual agreement by the hiring organization, at his normal rate of $395.00 per hour. The speaker’s hours shall match those billed by his legal counsel as an assumption of his time consumed in such matters. Any, legal disputes and/or mandatory arbitration prior to litigation, shall be governed by the laws of the State of Nevada and all claims handled in Las Vegas, NV Circuit Court system.

Client Recommendation(s)
Each Client must provide the speaker with a written evaluation of his speech presentation within 10 days after the event and as such these comments
may be used in the speakers promotional marketing. The hiring organization will send this review via email on scanned organizational letterhead to the speaker. The speaker may list the client as a speaking reference and also provide the hiring organization’s contact persons email and phone number for future client referral inquiries on this web and other marketing materials. If the speaker has done a satisfactory performance he expects a favorable testimonial from the client.....

Wiring Instructions are as follows:
Account Name Holder- Don Allen Holbrook, LLC.
Account Holders Bank- Chase Bank
Account Number-#757831292
Account ABA/Routing # – 122100024
Swift Code- CHASUS33
Who in their right mind would agree to any of this??? $395.00 an hour? Clients forced to write a recommendation (in the contract) so he can use it to wrangle some more business? That suggests any recommendations or comments about Holbrook could be considered bogus as they were made under duress. What a joke he is!

And, what kind of idiot would put their banking info online??? If this lawsuit gets to discovery the defendants may want information relating to that account if Holbrook thinks he is getting damages of course.

Soapboxmom

Whip

07-12-2012, 12:22 PM

Well, that explains where he thinks he is getting the money to pay his current attorney.

Soapboxmom

07-12-2012, 04:13 PM

The Art of the New Deal (http://webcache.googleusercontent.com/search?q=cache:oL4Z_vMaTbcJ:donallenholbrook.files .wordpress.com/2012/06/art-of-deal-today-loriman-2012-copy.ppt+&cd=2&hl=en&ct=clnk&gl=us&client=firefox-a)

Do public relations he said??? How did Lorman find this clown? Don't they Google their speakers before scheduling them? Shouldn't he be speaking about the art of silencing the taxpayers??? I wonder if the attendees can request a refund? Yikes!!!

Soapboxmom

littleroundman

07-12-2012, 05:25 PM

Shouldn't he be speaking about the art of silencing the taxpayers???

Judging by his recent history, that's the LAST thing about which he should be speaking.

Soapboxmom

07-12-2012, 07:35 PM

B. On Count Two for Tortious Interference with Contractual Relations with the City,
with Pahrump Nevada, and tortious interference with prospective business relations against all Third-Party Defendants, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant judgment in its favor and against these Third-Party Defendants, compensatory damages in an amount in excess of $25,000.00 to be shown at trial, punitive damages in an amount in excess of $50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and all costs of this action and the Complaint filed against it;
C. On Count Three of the Third-Party Complaint for Defamation per se and/or per
quod, Third-Party Plaintiff Don Allen Holbrook, LLC asks this Court to grant judgment in its
favor and against all Third-Party Defendants, compensatory damages in an amount in excess of $25,000.00 to be shown at trial or if such statements are determined to be defamatory per quod, special damages in an amount in excess of $66,000.00 for any losses relating to the City, special damages in an amount in excess of $80,000.00 for any losses relating to a pending contract with Pahrump, Nevada, special damages in an amount in excess of $25,000.00 relating to any other losses that may be shown at trial relating to existing, pending and/or future losses of business with existing and/or prospective clients, compensatory damages to repair its reputation on the internet in the approximate amount of $25,000.00 for the first year and approximately $8,000.00
per year thereafter, to be shown at trial, punitive damages in an amount in excess of $50,000.00 to be shown at trial, pre-judgment and post-judgment interest, its attorney’s fees and all costs of this action and the Complaint filed against it; and
D. For such other legal and/or equitable relief this Court deems just and proper.
Newspaper article questions theme park player’s resumé | Pahrump Valley Times (http://pvtimes.com/news/newspaper-article-questions-theme-park-players-resum/)

Kulkin noted that the town paid for the services of Contour Entertainment only and Holbrook’s name is only on the contract for liability purposes.

He said any and all information relating to Holbrook’s character and background is Contour Entertainment’s responsibility.

“We didn’t hire Don. He works for Contour. We did not give him any money, all of the money we gave went to Contour. We can’t say who they do or do not subcontract to. We hired Contour to deliver what we asked for and who they sub it out to is their business. Don doesn’t work for us, we didn’t hire him. We haven’t paid him one cent. That’s Chris’ problem. We have nothing to do with it.” he said.

Mr. Holbrook is a contractor of Contour and we were more concerned with what Contour could bring to the table,” Kohbarger said....

Lot's more dirt on Holbrook is in that article. The contract talk caught my attention. Holbrook is suing for a contract that his name is on only for "liability" and Pahrump says the contract is actually with Contour and that they did not hire Don. So, how in the hell can he sue for that in Ohio (as a third party suit claim that has nothing to do with the original suit with Ohio that is the heart of this,) and how can he sue for a contract that is actually inked with Contour? I want to see that contract!!!

Soapboxmom

Soapboxmom

07-12-2012, 07:58 PM

http://les.brochure.s3.amazonaws.com/389530.pdf

Who Will Be There?
This seminar is designed for attorneys, business owners, presidents, vice presidents, directors, economic development agency officials, finance directors, CPAs, accountants, bankers, developers and other government officials....

Faculty
For more information about our speakers, go to Economic Development Financing Seminar (http://www.lorman.com/ID389530).
Moderator:
Don A. Holbrook, CEcD, FM, Economic Developer, LLC
Barry Broome, Greater Phoenix Economic Council
Judith M. Dworkin, Sacks Tierney P.A.
Roxann S. Gallagher, Sacks Tierney P.A.
William A. Hicks III, Ballard Spahr LLP....

Don A. Holbrook, CEcD, FM - Moderator

Private consultant/practitioner involved in the major elements of economic development public policy, site location analysis and incentive development
Worked on a wide variety of projects representing billions of dollars in capital investment generating more than 50,000 jobs
Recognized for his prowess in the economic development industry as an early pioneer of site location and community-profiling technology based infrastructure
Can be contacted at 928-706-4440 or don.holbrook@economicdeveloper.com

It all depends on how one defines working on a project. A miniscule or very minor role in a very limited short term capacity is not enough for me to credit Holbrook with a project. The bus manufacturing generated an estimated 400 jobs for one example.

laidback

07-12-2012, 09:51 PM

It occurs to me that Holbrook's Attorney is trying to join anybody and everybody to the suit, hoping there are some deep pockets in the crowd...! Maybe she is hedging her bets on Holbrook's fee? OMG do you suppose she took this on contingency...?

Soapboxmom

07-13-2012, 05:30 PM

Daily Law Journal | View Case (http://www.dailylawjournal.org/view_case.php?court=common_pleas_civil&case_number=2012CV02947)

Case Information

Date:
7/6/2012
Case Number:
2012CV02947
Court:
Common Pleas
Plaintiff:
City Of Huber Heights Ohio
Defendant:
Don Allen Holbrook Llc
Details:
ORDER SETTING SUBMISSION DATE MOTION TO STRIKE FILED 7/3/12 SUBMISSION FOR DECISION ON 7/25/12; RESPONSES DUE 7/17/12; REPLY TO RESPONSE DUE 7/24/12
Judge:

Attorney:
L. Michael Bly

Docket History

Date:
7/5/2012
Details:
ORDER SETTING STATUS CONFERENCE BY TELEPHONE ON 8-30-12 AT 8:50 A.M.

Date:
6/6/2012
Details:
ORDER SETTING SCHEDULING CONFERENCE BY TELEPHONE 7-3-12 @9:00 A.M.

Date:
4/24/2012
Details:
CIVIL ALL OTHER
Viral and mountains of publicity!!!

Soapboxmom

07-14-2012, 03:31 PM

Holbrook's attorney is up against the top litigators in business, defamation and First Amendment:

http://www.ficlaw.com/images/partners/thumbs/faruki.jpg (http://www.ficlaw.com/practice/practice.html#)
Video: Charlie Faruki talks about the firm's practice, including its primary focus and services that Faruki Ireland & Cox provides. (http://www.ficlaw.com/practice/practice.html#)

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We have a passion for excellence. Excellence in work product, excellence in representation. Excellence in results.
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Faruki Ireland & Cox P.L.L. is an experienced, national complex business litigation trial practice.
The pace of business and personal interactions in the 21st Century is extraordinary. Technology and information combine to create, expand and enhance opportunities and relationships for our current and future clients every moment. In this complicated business environment, FI&C provides clients with innovative thinking, good judgment and hard work, to assist in resolving disputes large and small, near and far.
Attention to detail and understanding that clients demand responsiveness, reliability, candor and cost effectiveness are leading contributors to the successful results we achieve for clients.
We look forward to working with, and for, you.

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FI&C attorneys routinely appear in federal and state courts throughout the United States, and have appeared in the U.S. Supreme Court and most of the United States Courts of Appeals including the United States Court of Appeals for the Federal Circuit. In recent years, we have handled matters in over 30 states and Puerto Rico.

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Partners (http://www.ficlaw.com/site/people/partners.html) | Attorneys (http://www.ficlaw.com/site/people/attorneys.html)

http://www.ficlaw.com/site/images/attorneys/photos/bartlett.jpgAreas of Practice: First Amendment, Defamation, Privacy, Access to News, Freedom of Information Act, Commercial Business Litigation
Law Schools: Academic Scholarship, University of Virginia Law School, 1961; Ohio State University, J.D., 1964
Undergraduate: Denison University, Granville, Ohio, B.A., Political Science and Economics, 1960

Born Marietta, Ohio, February 27, 1938, Bob's early years were spent in West Hartford, Connecticut. Later graduating from Denison University (B.A., 1960); University of Virginia Law School; The Ohio State University Law School (J.D., 1964), where he was a member of Phi Delta Phi Honorary.
After graduating from law school, Bob started his legal career with the Dayton law firm of Estabrook, Finn & McKee, rising to the position of Senior Partner in that firm. The Estabrook firm was acquired by the Columbus firm of Porter, Wright, Morris & Arthur in 1984 and Bob was a Senior Partner, Member of the Executive Committee, and the Management Committee of that firm, as well as being the Partner in charge of that firm's Dayton office. In August, 1987, Bob moved his practice to the firm of Coolidge Wall Womsley & Lombard, where he was a Senior Partner and in some years was a member of the firm's Executive Committee and Compensation Committee. In August, 2004, Bob moved his practice to the firm of Faruki Ireland & Cox, P.L.L.
He is a Federal Bar Examiner for the U.S. District Court, Southern District of Ohio, 1978-; a Life-Member Delegate, Sixth Circuit Judicial Conference; Member, International Association of Defense Counsel; Member, American Bar Association (Member, Business Litigation, Product Liability and Reinsurance Committees); The Ohio State Bar Association; the Dayton Bar Association; Defense Research Institute; Ohio Trial Lawyers Association; Chair of the Ohio State Bar Association Media Law Committee; National Freedom of Information Coalition; Carl D. Kessler Inn of Court. In 1983, Bob was elected as a Fellow of the American College of Trial Lawyers, a professional association of lawyers skilled and experienced in the trial of cases and dedicated to maintaining and improving the standards of trial practice, the administration of justice, and the ethics of the profession. Fellowship in the College is conferred on less than 1% of the lawyers who are licensed to practice in any state. Bob has been recognized as an "Ohio SuperLawyer," being the top 5% of Ohio's lawyers announced annually in the January edition of Law & Politics in Cincinnati Magazine.
Bob is chief First Amendment counsel for the Dayton Daily News and the former Dayton Journal Herald; he has represented the Springfield News-Sun, WHIO TV-7, WPXI TV in Pittsburg, PA; has been chief First Amendment counsel for Cox Ohio Publishing and Dayton Newspapers, Inc., in every libel, access to news, court closure, gag order, FOIA and related matters for over 30 years; was chief counsel for the Dayton Daily News, Cox Newspapers and their reporters, Russell Carollo and Jeff Nesmith, in the successful FOIA lawsuit against the United States Government, which resulted in their series of stories on the U.S. Military's health care system, being awarded the 1998 Pulitzer Prize for National Reporting. He presently represents the Dayton Daily News, Cox Enterprises and corporate officers, editors and reporters in a libel case captioned Scaccia v. Dayton Newspapers, Inc. Bob also currently represents WHIO TV, Cox Broadcasting, Cox Enterprises and corporate officers and reporters in a defamation case captioned Total Exposure.com v. WHIO TV-7. Bob is admitted to practice before the United States Supreme Court, the United States Sixth Circuit Court of Appeals and the United States District Court for the Southern and Northern Districts of Ohio.
Bob has been a frequent lecturer and panelist for seminars conducted by the Ohio State Bar Association Media Law Committee, the Ohio State Bar Association Local Government Affairs Committee, and other organizations. He is presently serving a two year term as the Chair of the Ohio State Bar Association Media Law Committee. Bob is a member of the Board of Directors of Kids Voting and is a member of the Dayton Lawyers Club, the Dayton Bicycle Club and the Moraine Country Club.

Holbrook's frivolous folly will be over very soon!!!

Soapboxmom

Soapboxmom

07-14-2012, 06:26 PM

Don Allen Hobrook | LinkedIn (http://www.linkedin.com/groups/Don-Allen-Hobrook-3596829.S.134498906?qid=1fe39366-3de8-4737-909e-b70d36989231&trk=group_most_recent_rich-0-b-ttl&goback=.anb_3596829_*2_*1_*1_*1_*1_*1.gmr_3596829)

I thought the nice folks at Lorman might want to consider expanding their speakers topics to include sue the pants off of half the planet! :loser:

Soapboxmom

Soapboxmom

07-14-2012, 09:30 PM

Although Ohio Civ R 11 is addressed to the signing of documents, the signing lawyer's responsibility for such documents is a continuing one. If an assertion, properly made at the time of signing, becomes improper because the lawyer later learns the assertion is, in fact, groundless, the lawyer will be found in violation of Rule 11 if the lawyer continues to pursue the groundless point. Taylor v. Franklin Blvd. Nursing Home, Inc., 112 Ohio App.3d 27, 677 N.E.2d 1212 (Cuyahoga 1996)
When Holbrook's attorney, Sue Seeberger, realizes all his ranting about false and defamatory statements is actually his taking issue with posts consisting of facts and opinion will she respond accordingly? Will she continue to pursue this ridiculous notion of other parties interfering in Holbrook's dealings with the city of Huber Heights when the evidence gathered shows that is not the case? This case is certainly one to watch!

Soapboxmom

Whip

07-14-2012, 11:09 PM

pantherdadX2

07-14-2012, 11:20 PM

It's highly probable Sir Gasbag and Mr. Bartlett's lunch, Ms. See 'Sue'berger, will continue this frivolity once Buzz and Woody return from the dark side of the moon and land Holbrook and Co.'s highjacked spaceship "DreamQuest" on the courthouse steps, get out, and plead mercy on the court! How DARE anyone break the Supreme Lord and Master of the Internet's First Commandment.....Thou shalt not post ANYTHING against ME!!! :pulling_hair_out:

littleroundman

07-14-2012, 11:41 PM

When Holbrook's attorney, Sue Seeberger, realizes all his ranting about false and defamatory statements is actually his taking issue with posts consisting of facts and opinion will she respond accordingly? Will she continue to pursue this ridiculous notion of other parties interfering in Holbrook's dealings with the city of Huber Heights when the evidence gathered shows that is not the case? This case is certainly one to watch!

Soapboxmom

Personally, I think Mr Holbrook should be encouraged to continue to pursue his current course of action, even expand it.

That way, he'll have no one to blame for the inevitable outcome but himself.

It would take an act of extreme bravery for any new client/s to become involved with Mr Holbrook as it is.

Add a few more months of huffing and puffing and legal posturing to the equation and it's hard to see any future business coming his way.

Keep him talking, I say.

pantherdadX2

07-14-2012, 11:47 PM

Gotta go now guys, I desperately have to :onloo: clone a Holbrook and wipe my :mooning: Sueberger

pantherdadX2

07-15-2012, 09:24 AM

Perhaps I was a little to harsh with Ms. Sueberger, but she should have sniffed the air surrounding Sir Gasbag before taking him on as a client. In MY OPINION, SHE should plead temporary insanity and ask mercy from the court for being such a dumb - :mooning: As far as that idiot Holbrook is concerned, the only expert development, (in fact, over-developed) I've seen from him is his EGO. 'See' here, Ms. 'SUE'berger, the only thing your client has done is further piss-off a bunch of already pissed-off taxpayers down here in Texas. Perhaps you should take note of the slogan we've adopted here, the one your client so obviously disregarded, "Don't Mess With Texas" It's not to late to take out the trash, the EMCID did!

Soapboxmom

07-15-2012, 11:37 AM

She's had to have read them to even consider taking the case no? There's no way she could just go into this whole debacle completely blind.
I watched Tim Darnell's attorney file against me and claim in the original petition (http://www.realscam.com/f11/jack-weinzierl-threatened-tim-darnell-sued-soapboxmom-heather-dobrott-district-court-lost-summary-judgment-767/#post9662) that "9. Defendant's obsession with Plaintiff led Defendant to make many threats to Plaintiff and his family..... Defendant appears to be obsessed with discussing Plaintiff with third parties or posting defamatory and untrue statements regarding Plaintiff on various websites."The attorney, Jason Charles Ciarochi, goes on in that vain throughout the filing (http://www.realscam.com/f11/jack-weinzierl-threatened-tim-darnell-sued-soapboxmom-heather-dobrott-district-court-lost-summary-judgment-767/#post9663). There is a whole thread devoted to that debauchery.

http://www.realscam.com/f11/jack-weinzierl-threatened-tim-darnell-sued-soapboxmom-heather-dobrott-district-court-lost-summary-judgment-767/

After lengthy depositions and Darnell's refusal to produce any discovery, what had been obvious from the beginning was shown in court. There was never a false or defamatory statement. Darnell had outright lied about being threatened to garner sympathy from his marks. The Motion for Summary Judgment (http://www.realscam.com/f11/jack-weinzierl-threatened-tim-darnell-sued-soapboxmom-heather-dobrott-district-court-lost-summary-judgment-767/#post9548)that won the case for me, and the Motion for Sanctions covers it all beautifully. The attorney who signed these egregious lie-filled pleadings lost his litigation practice and plush office. He is now signing real estate docs from home. So, I am not surprised at all by these far fetched filings by Sue Seeberger. She took the word of her client, Don Holbrook, and went to town. I also have a very good idea how this will end. History does repeat itself!

Soapboxmom

Soapboxmom

07-16-2012, 02:57 PM

Theme park second phase up for vote (http://pvtimes.com/news/theme-park-second-phase-up-for-vote/)

Posted on23 May 2012.
By Selwyn Harris
The Pahrump town board will decide whether to move forward with the second phase of a proposed tourist destination without the man who was initially hired to conduct a feasibility study for the project.
Don Holbrook was the subcontractor for Contour Entertainment Inc., and the Vercitas Group.

Both companies were given the green light by the board to embark on the project last June.
The second phase of the project will cost the town $207,000.
Pahrump Town Manager Bill Kohbarger said on Monday that Holbrook is no longer involved with the project.
He also noted that Holbrook’s departure will also save the town money.

“He’s not in phase two. We have cut most of what he was doing out of the picture and that is going to be picked up by the town or county if the county decides to. I felt that it was a good time that the town can move forward with the expertise that is currently within the staff. We didn’t need an individual like Mr. Holbrook to assist us in that category, so I asked Contour to take that section out and it was $287,000, now it’s $207,000,” he said.

So far, the town has already paid more than $160,000 for the first phase of the project.
Kohbarger said the board is sensitive of the costs.

He also noted that the town will not be in breach of contract if it decides not to move ahead with the next phase of the project.

“It’s a lot of money and I know it is weighing heavily on them. I have all the confidence in the world that this town board will make the appropriate decision whether it be no or yes. There is an out clause,” he said.

Aside from the $207,000, for the second phase, Holbrook and Contour requested an additional $13,000 for travel expenses and $40,000 to hire a lobbyist for the project.
Kohbarger said that he has already addressed that matter with Contour officials.
“I’ve talked to Contour and that figure is going to be paired down greatly because I have told them that most of these meetings don’t need to be face to face. It can be done over the Internet either via Skype, or Go to Meeting. It could be cut down 80 percent or even more. Once the town board decides to either go for or not go for it, I’ll bring that back to the table with Contour. I’ve laid everything out and we must use the technology that is out there so we can save on costs,” he said.

On the issue of hiring a lobbyist, Kohbarger said the action could be a benefit to the town if the project were to continue.
“If we do something, we want to do it right. We want to create some zones that will be able to bring tax increment districts in and maybe sales tax districts so that this can pay for itself and we won’t have to put it on the taxpayers. When we go out to the private sector, we are going to have some bait to dangle in front of the private sector,” he said.

Holbrook’s previous business dealings have been under scrutiny as of late.
A project in Texas called “EarthQuest,” slated to open this year, is mired in bankruptcy litigation.

EarthQuest was proposed as a 500-acre dinosaur themed entertainment and educational project in New Caney, Texas, which is roughly 40 minutes from downtown Houston.

Another project in Huber Heights, Ohio is also in litigation.

The Huber Heights City Council is suing Holbrook for allegedly performing substandard work on an economic analysis for the city located northwest of Dayton.
The city entered into a $66,000 contract with Holbrook, who was hired to create an economic development business case and conduct a strengths, weaknesses, opportunities, and threat analysis.

The city paid $53,800 prior to receiving Holbrook’s finished product, which was described by the city council as a report that failed to conform to the terms of the contract and did not conform to industry standards.
According to the lawsuit, the city withheld its final payment to Holbrook and demanded a full refund.

Holbrook’s attorney Sue Seeberger responded with an email regarding the lawsuit.
“This matter with the city of Huber Heights, Ohio and Don Holbrook, LLC., is now in litigation. Needless to say, we dispute each and everyone of their claims. Don Holbrook completed its contract with the City of Huber Heights and did not breach its agreement in any way. The city’s claims for conversion, fraudulent inducement, and negligent misrepresentation lack any basis in fact and are not grounded under Ohio law. The city’s claim for unjust enrichment is another way to sue for breach of contract and is likewise baseless,” the statement read.

Holbrook also provided his thoughts on the matter in a separate email to the Pahrump Valley Times.
“My team did our contractual mission and without any previous knowledge of dissatisfaction, they decided to breach our contract and did not disclose to us officially for what reason nor allow us the ability to address any reasonable concerns with a possible remedy or contractual cure. We obviously reported to the City Manager on our project for direction and scope of work due diligence management for the final report.

“The City Manager not once indicated there was any dissatisfaction with our work and only on the day of final report delivery his last official day of work , he said they had some questions about more detail on the size and scope descriptions for the next steps,” Holbrook’s email stated.

Kohbarger, meanwhile, suggested that he would prefer to have Holbrook settle his other business at hand, without being distracted by the Pahrump project.
“Right now there’s just too many clouds hanging out there and we want a clear sky when and if we proceed. I feel that the county staff, and the town staff can do what it was Mr. Holbrook was going to do, therefore I told Contour that we do not need his services,” he said.http://choices-st.truste.com/get?name=admarker-icon-tr.png
Pahrump was looking to cut costs and obviously concerned about Earthquest being mired in bankruptcy and Huber Heights filing suit based on breach of contract, conversion, fraudulent inducement, and negligent misrepresentation. Huber Heights was clearly not pleased with the report Holbrook submitted. How can Holbrook sue numerous other parties, including the taxpayers from Nevada and Texas, for $80,000.00 for this Pahrump deal when there was no breach of contract and Pahrump has stated publicly why they chose to dump him???

His problems are clearly not the result of media or journalists/bloggers. Seeberger choosing to drag numerous other parties into this litigation was a very foolish move in my opinion. This media coverage may be just the tip of the iceberg!

Soapboxmom

pantherdadX2

07-16-2012, 08:09 PM

To put Pahrump's decision in a nutshell, they'd rather save the taxpayers some money and bypass the FULL (of it ) Service Station and pump their own GAS! Very wise decision, Pahrump. This taxpayer applauds you! I'm not so sure Sir GASbag is doing the same. LOL: chickendance:

pantherdadX2

07-17-2012, 08:15 AM

Guess the chicken didn't feel like dancing yesterday. Speaking of icebergs, Soapboxmom, maybe King McCrady and his former band of merrymen (we'll leave the new girls out of this one) can show Mr. Holbrook how to pen a real best-seller. They could title it " How we fit the Hindenburg (Sir Gasbag) into the Titanic (EarthQuest) - True Tales of the EMCID"

Soapboxmom

07-17-2012, 08:41 AM

The answer is in:

1435

pantherdadX2

07-17-2012, 10:06 AM

:judge:SALUTE!!!:judge:

littleroundman

07-17-2012, 11:53 AM

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littleroundman

07-17-2012, 12:24 PM

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littleroundman

07-17-2012, 12:34 PM

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Soapboxmom

07-17-2012, 04:35 PM

Stik

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25% of the booking fee? Folks should be very careful who they endorse online. Will Contour Entertainment want to continue their relationship with Holbrook? Is EMCID's Vicki Thumann right to support Holbrook with Earthquest stalled and millions of tax dollars spent? Lots of questions!

Soapboxmom

pantherdadX2

07-17-2012, 06:51 PM

:fishing_can:

Soapboxmom

07-18-2012, 06:06 PM

Sue Seeberger writes:
1440

Specifically, all of Don Allen Holbrook, LLC’s claims in the Counterclaim and the Third-Party Complaint are based on the breach of the Agreement between the City of Huber Heights and Don Allen Holbrook, LLC, which happened in Montgomery County, Ohio. All of Don Allen Holbrook, LLC’s claims argue the same or similar theory, namely that the breach of the Agreement by the City along with the concerted actions of the Third-Party Defendants caused Don Allen Holbrook, LLC’s losses relating to this Agreement. Don Allen Holbrook, LLC has also generally alleged losses relating to reputation, good will, other future business and lost profits.

While Don Allen Holbrook, LLC may have other claims against the Third-Party Defendants based on other Agreements breached in other jurisdictions outside of Ohio, Don Allen Holbrook, LLC has not alleged those claims before this Court. All of the allegations in the Counterclaim and the Third-Party Complaint arise from and relate to the breach of the Agreement with the City.

All she said????

Check out all the times Pahrump, Nevada is mentioned in the Third-party Complaint this Sue Seeberger originally filed:

1443

Did she flunk World Geography? Since when was Pahrump, Nevada in Montgomery County Ohio???? And, how are Pahrump's dealing with Holbrook in any way related with his contract with Huber Heights Ohio??? This is insane!

Soapboxmom

fjjm303

07-18-2012, 08:02 PM

SBM,
I just read the second, third or fourth amended complaint. When has the City of Huber Heights moved to Montgomery County, Texas. Did Obama make another mistake and give it to Texas????????
Frank Maurizio

Soapboxmom

07-18-2012, 09:44 PM

1444

The tort claims in the Complaint and the Third-Party Complaint are linked because the former
City Manager, Gary Adams, sent an email dated February 29, 2012, to Don Allen Holbrook,
LLC that a reporter from the Houston Press had asked Mr. Adams if Don Allen Holbrook, LLC
had a contract with the City of Huber Heights, asked when it was entered, and then published to
Mr. Adams defamatory, false, and derogatory statements about Don Allen Holbrook, LLC, Don
Holbrook, and a project in Houston, Texas, known as Earthquest. See Third-Party Complaint, ¶
27. Thus, Defendant’s third-party claims for civil conspiracy, for tortious interference with
contract, and defamation have the same subject matter and/or are derivative of the same subject
matter, and the damages that Don Allen Holbrook, LLC is seeking from Third-Party Defendants
are for reimbursement for Third-Party Defendants’ concerted efforts to interfere with and
procure the breach of the Agreement, to recover from the Third-Party Defendants the damages
sought by the City, plus punitive damages, and attorney’s fees. In sum, the liability sought to be
passed on by Don Allen Holbrook, LLC’s Third-Party Complaint arises out of the same
transaction that is the subject matter of the Complaint.
B. The Third-Party Complaint conforms to the purposes of Civ.R. 14.
Second, this Court should conclude that the Third-Party Complaint conforms to the
purposes of Civ.R. 14(A). The purposes of Civ.R. 14 are to promote judicial efficiency by
avoiding a circuity of actions; consolidate separate actions that should be tried together; avoid a
duplication of testimony and evidence; and avoid inconsistent verdicts on identical or similar
evidence or testimony. Jacobs, 30 Ohio St.2d at 241.
The Third-Party Complaint conforms to the purposes Civ.R. 14(A) based on identical 7
and/or substantially similar allegations by Don Allen Holbrook, LLC in its Counterclaim and the
Third-Party Complaint. Contrary to the City’s argument that the Third-Party Complaint “grossly
confuses” the issues in the Complaint (see Motion to Strike, fifth page), the Third-Party
Complaint puts the Complaint in context. This Court should note that Don Allen Holbrook, LLC
asserted in its Affirmative Defenses to the Complaint that the City had “failed to join necessary
parties under Civ.R. 19 that, upon information and belief, tortiously interfered with the
Agreement between the parties.” See Answer and Counterclaim, ¶ 33. Furthermore, Don Allen
Holbrook, LLC purposefully asserted either identical or substantially similar allegations in the
Counterclaim, see ¶¶ 36 to 59 therein, and in the Third-Party Complaint, see ¶¶ 13 to 39 therein,
in order to conform to the purposes of Civ.R. 14(A).

Cynthia Calvert and the Tribune had the following articles published before the February 29th date Seeberger chose:

EarthQuest land in bankruptcy - Tuesday, January 10, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13146) (no mention of Holbrook)

EMCID may lose millions unless dino-project built - Tuesday, January 24, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13242) (no mention of Holbrook)

Court gives EarthQuest developer time to raise money, save project - Tuesday, February 07, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13295)

A Disneyland for gun lovers - Monday, February 20, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13341)

Where's the money? - Tuesday, February 21, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13351) (no mention of Holbrook)

Then there are the first 14 posts of this thread and their counterparts in the original Earthquest thread:

http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/

So, how in the hell could anyone have published defamatory statements to Huber Heights. All of that is facts and opinion and there was precious little for them to peruse. Malisow was simply interviewing possible sources for his article that came out on April 11, 2012. Seeberger is filling these filings with all kinds of dishonest statements and pure nonsense. That little bit of published material is at the heart of a wild conspiracy between all the co-defendants (The Tribune, Cynthia Calvert, The Houston Press, Craig Malisow, The Pahrump Valley Times, Frank Maurizio, me (Soapboxmom) and John and Jane Does ( legions of taxpayers commenting about matters of public concern)???? Seriously!!!!

The silly woman better read what my attorneys wrote in my Motion to Dismiss this ridiculous case:
1445

14. All of the web addresses that Holbrook identified in its third-party complaint(s)
link to articles and discussions that were published after February 29, 2012—the date when its injury allegedly occurred:
 “Theme park contractor Holbrook sued by Ohio town | Pahrump Valley Times (http://pvtimes.com/news/theme-park-contractor-holbrook-sued-by-ohio-town%E2%80%9D) directs to an article that was published May 4, 2012
 “http://www.topix.com/wire/city/huber-heights-oh” (http://www.topix.com/wire/city/huber-heights-oh%E2%80%9D) directs to a database of articles in which the City of Huber Heights is discussed. A search for “Holbrook” on this site reveals that the earliest article was published on April 10, 2012.
 “http://www.topix.com/wire/city/pahrump- nv?q=u:pvtimes.com” is not an active web address
 “http://blogs.houstonpress.com/hairballs/2012/05/earthquests_don_holbrook_sued_huber_heights.php” (http://blogs.houstonpress.com/hairballs/2012/05/earthquests_don_holbrook_sued_huber_heights.php%E2 %80%9D) links to an article that was published on May 3, 2012.
 “Discussion about the New Caney Dino Park - Houston Dinosaur Park (http://www.houstondinopark.com/discuss.php%E2%80%9D) links to a discussion forum in which the earliest entry was published on May 25, 2012
 “Kingwood Underground - the heart and soul of our Kingwood, Texas family (http://kingwoodunderground.com/topic.jsp?topicId=11722526%E2%80%9D) links to a discussion forum in which the earliest entry was published on March 29, 2012.

Soapboxmom

Soapboxmom

07-18-2012, 10:08 PM

Taxpayers looking out for ways to avoid the waste of tax dollars doesn't equate with tortious interference. Holbrook should expect taxpayers to comment and make contacts when tax dollars are at risk. Where is Captain Obvious when we need him???? The taxpayers in Pahrump and Texas sure made it clear how they felt!

1447

pantherdadX2

07-19-2012, 12:25 AM

With gas prices hovering around $3.95 a gallon at the time these articles were coming out, THIS taxpayer (and a boatload of others )felt the $395.00 a hr. Sir Gasbag was charging for the premium 93 octane he was pumping up our A$$'s was a bit too much!!!!! Of course, us taxpayers have no right to an opinion when it comes to matters of a private nature!!!! Wrong, you rotund tube of glue!!!! When you or anyone you work for signed a contract with the EMCID, that means you are doing work for a government entity, which means you work for US, which basically means we have the right to know what time you deposited the remnants of every $2,000.00 dinner you ever ate on taxpayers money!!!! Bet you weren't thinking about that after the fourth bottle (alledgedly)of Pinot that went with that dinner, did you? But then again, 4 bottles of Pinot would be enough to make ANYONE stupid, right CAPTAIN?:duh:

pantherdadX2

07-19-2012, 01:08 AM

fjjm 303, Apparently Holbrook spun that globe his parents gave him in graaade schkoool and his finger landed on his next intended victim, Mont. Co. Maybe he couldn't decide on Ohio or Texas, so he chose both! One has to wonder if his daddy didn't also give him a silver gravy bowl at the same time while telling him "Son, the world is yours, taketh thou bowl and lappeth up as much gravy as can be ladled in by governMENTAL agencies, your not the ONLY schtoopid kid on the block!"

Soapboxmom

07-19-2012, 11:30 AM

Don Allen Holbrook brags on LinkedIn:

Interim President & CEO (acting on pro-bono basis currently) (http://www.linkedin.com/search?search=&title=Interim+President+%26+CEO+%28acting+on+pro-bono+basis+currently%29&sortCriteria=R&keepFacets=true&currentTitle=C&goback=%2Enpv_347259_*1_*1_name_P9OJ_*1_*1_*1_*1_* 1_*1_*1_*1_*1_*1_*1_*1_*1_*1_*1_*1_*1)

The EarthQuest Institute (http://www.linkedin.com/search?search=&currentCompany=C&company=The+EarthQuest+Institute&sortCriteria=R&keepFacets=true&goback=%2Enpv_347259_*1_*1_name_P9OJ_*1_*1_*1_*1_* 1_*1_*1_*1_*1_*1_*1_*1_*1_*1_*1_*1_*1)

2009 – Present (3 years) East Montgomery County Texas
I helped to found and organize the non-profite and developed the mission and objectives. I later negotiated for their acquisition of their future site for the construction of their public demonstration facility and showcase pavilion for green strategies and products that will raise consumer awareness. Currently EQI is not soliciting funds as they are awaiting the announcement of the new theme park developer by EMCID and the expected official business relationship that EQI desires to have with the new developer. At that time I expect the new board will hire a new President/CEO for renewed and sustained operations going forward. I am still a major supporter of this concept and believe in it's purpose greatly!

Management Team

Our Management Team is comprised of accomplished executives from a variety of disciplines. They provide expertise in private and public fundraising, financial management, non-profit leadership and the sciences.

Don Holbrook, President and CEO
Dr. Matthew Gardner, Chief Science Officer
Executive Board

Our Executive Board represents the major creative and philanthropic developers of the EarthQuest concept, with respective backgrounds in science, communication, public education and community development.
Leon Cubillas, Chairman
Don Lessem, Founder and Director
John Marlin, Director

Conspiracy is a hot topic on this thread. I can think of an obvious one. Don Holbrook and Frank McCrady are still conspiring to hide the charity papers that must be public by law according to IRS regulations and the Texas Non-profit Corporation Act. Dr. Matthew Gardner sent the docs to the EMCID office to Frank McCrady. McCrady and his attorney David Marks have refused to turn over the docs. Don Lessem referred me to Holbrook as well. Don Holbrook went so far as to instruct the Earthquest Institute's accountants to withhold the documents from me and the other journalists and contributors that are demanding to see them. I made reports to the IRS and the Texas Attorney General's Office.

I wonder if Sue Seeberger is going to continue to support Holbrook's activities that clearly violate the law???

I will not stop fighting until those documents are in my hands!!!!

Soapboxmom

Soapboxmom

07-19-2012, 07:25 PM

Sue Seeberger courtroom experience:

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Year: 1993
Record Count: 1

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1993 CV 04488
OPEN
ALL OTHERS
29-DEC-93

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Year: 1996
Record Count: 1

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1996 CV 04476
CLOSED
MORTGAGE FORECLOSURE
28-OCT-96

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Year: 1997
Record Count: 5

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1997 DR 00688
CLOSED
DIVORCE WITHOUT CHILDREN
06-MAY-97

1997 DR 00690
CLOSED
DIVORCE WITHOUT CHILDREN
06-MAY-97

1997 DR 00693
CLOSED
DIVORCE WITHOUT CHILDREN
06-MAY-97

1997 CV 00509
CLOSED
PERSONAL INJURY
07-JAN-97

1997 CV 04211
CLOSED
PERSONAL INJURY
24-JAN-97

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Year: 1998
Record Count: 9

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1998 AN 00008
CLOSED
ANNULMENT WITHOUT CHILDREN
29-JUL-98

1998 DR 01324
CLOSED
DIVORCE WITHOUT CHILDREN
28-JUL-98

1998 DR 01325
CLOSED
DIVORCE WITHOUT CHILDREN
28-JUL-98

1998 DR 01326
CLOSED
DIVORCE WITHOUT CHILDREN
28-JUL-98

1998 DR 01328
CLOSED
DIVORCE WITHOUT CHILDREN
28-JUL-98

1998 DR 01330
CLOSED
DIVORCE WITHOUT CHILDREN
28-JUL-98

1998 DR 01344
CLOSED
DIVORCE WITHOUT CHILDREN
30-JUL-98

1998 DV 00221
CLOSED
DOMESTIC VIOLENCE
18-JUN-98

1998 DV 00370
CLOSED
DOMESTIC VIOLENCE
24-AUG-98

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Year: 1999
Record Count: 3

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1999 CV 04541
CLOSED
OTHER TORT
18-OCT-99

1999 CV 04905
CLOSED
OTHER TORT
09-NOV-99

1999 CV 01129
CLOSED
PERSONAL INJURY
22-MAR-99

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Year: 2000
Record Count: 10

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2000 CV 03003
CLOSED
CIVIL ALL OTHER
23-JUN-00

2000 DR 00106
CLOSED
DIVORCE WITHOUT CHILDREN
27-JAN-00

2000 DR 00107
CLOSED
DIVORCE WITHOUT CHILDREN
27-JAN-00

2000 DR 00108
CLOSED
DIVORCE WITHOUT CHILDREN
27-JAN-00

2000 DR 00110
CLOSED
DIVORCE WITHOUT CHILDREN
28-JAN-00

2000 DR 00111
CLOSED
DIVORCE WITHOUT CHILDREN
28-JAN-00

2000 DR 00112
CLOSED
DIVORCE WITHOUT CHILDREN
28-JAN-00

2000 CV 04309
CLOSED
INJUNCTION
13-SEP-00

2000 CV 02754
CLOSED
MORTGAGE FORECLOSURE
08-JUN-00

2000 CV 01576
CLOSED
OTHER TORT
31-MAR-00

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Record Count: 7

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2001 DR 00165
CLOSED
DIVORCE WITHOUT CHILDREN
05-FEB-01

2001 DR 00166
CLOSED
DIVORCE WITHOUT CHILDREN
05-FEB-01

2001 DR 00167
CLOSED
DIVORCE WITHOUT CHILDREN
05-FEB-01

2001 DR 00168
CLOSED
DIVORCE WITHOUT CHILDREN
05-FEB-01

2001 DR 00169
CLOSED
DIVORCE WITHOUT CHILDREN
05-FEB-01

CA 018806
OPEN
NOTICE OF APPEAL FILED
09-APR-01

CA 018834
OPEN
NOTICE OF APPEAL FILED
23-APR-01

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2002 CV 07232
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CIVIL ALL OTHER
30-OCT-02

2002 DR 01567
CLOSED
DIVORCE WITH CHILDREN
08-OCT-02

2002 DR 01508
CLOSED
DIVORCE WITHOUT CHILDREN
25-SEP-02

2002 DR 01514
CLOSED
DIVORCE WITHOUT CHILDREN
26-SEP-02

2002 DR 01515
CLOSED
DIVORCE WITHOUT CHILDREN
26-SEP-02

2002 DR 01516
CLOSED
DIVORCE WITHOUT CHILDREN
26-SEP-02

2002 CV 04446
CLOSED
MORTGAGE FORECLOSURE
11-JUL-02

2002 CV 08254
CLOSED
OTHER TORT
09-DEC-02

2002 CV 08014
CLOSED
PERSONAL INJURY
27-NOV-02

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Year: 2003
Record Count: 4

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2003 CV 01870
CLOSED
CIVIL ALL OTHER
14-MAR-03

2003 CV 03693
CLOSED
CIVIL ALL OTHER
23-MAY-03

2003 CV 00068
CLOSED
FORCIBLE ENTRY
03-JAN-03

2003 CV 01650
CLOSED
MORTGAGE FORECLOSURE
06-MAR-03

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NOTICE OF APPEAL FILED
26-FEB-04

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Year: 2005
Record Count: 7

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2005 DR 01043
CLOSED
DIVORCE WITHOUT CHILDREN
15-AUG-05

2005 DR 01044
CLOSED
DIVORCE WITHOUT CHILDREN
15-AUG-05

2005 DR 01046
CLOSED
DIVORCE WITHOUT CHILDREN
15-AUG-05

2005 DR 01047
CLOSED
DIVORCE WITHOUT CHILDREN
15-AUG-05

2005 DR 01048
CLOSED
DIVORCE WITHOUT CHILDREN
16-AUG-05

2005 CV 06772
CLOSED
MORTGAGE FORECLOSURE
01-SEP-05

2005 CV 03690
CLOSED
OTHER TORT
29-APR-05

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Year: 2006
Record Count: 10

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2006 DR 01137
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 DR 01138
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 DR 01139
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 DR 01143
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 DR 01145
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 DR 01148
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 DR 01149
CLOSED
DIVORCE WITHOUT CHILDREN
21-SEP-06

2006 CV 02774
CLOSED
OTHER TORT
07-APR-06

2006 CV 07976
CLOSED
OTHER TORT
10-OCT-06

2006 CV 09958
CLOSED
OTHER TORT
15-DEC-06

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Year: 2007
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2007 CV 01641
CLOSED
INJUNCTION
26-FEB-07

CA 022209
OPEN
NOTICE OF APPEAL FILED
11-JUN-07

CA 022360
CLOSED
NOTICE OF APPEAL FILED
27-AUG-07

2007 CV 02620
CLOSED
OTHER TORT
29-MAR-07

2007 CV 09407
CLOSED
OTHER TORT
07-NOV-07

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Record Count: 8

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2008 DR 00385
CLOSED
DIVORCE WITHOUT CHILDREN
08-APR-08

2008 DR 00386
CLOSED
DIVORCE WITHOUT CHILDREN
08-APR-08

2008 DR 00387
CLOSED
DIVORCE WITHOUT CHILDREN
08-APR-08

2008 DR 00388
CLOSED
DIVORCE WITHOUT CHILDREN
08-APR-08

2008 DR 00389
CLOSED
DIVORCE WITHOUT CHILDREN
08-APR-08

2008 DR 00391
CLOSED
DIVORCE WITHOUT CHILDREN
08-APR-08

2008 DR 00392
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DIVORCE WITHOUT CHILDREN
08-APR-08

2008 CV 10162
CLOSED
OTHER TORT
12-NOV-08

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2009 CV 08051
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INJUNCTION
01-OCT-09

2009 CV 08384
CLOSED
INJUNCTION
15-OCT-09

2009 CV 02709
CLOSED
MORTGAGE FORECLOSURE
02-APR-09

2009 CV 02971
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MORTGAGE FORECLOSURE
13-APR-09

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Record Count: 3

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2010 CV 01063
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CIVIL ALL OTHER
08-FEB-10

2010 CV 03175
REOPENED
CIVIL ALL OTHER
14-APR-10

2010 CV 10120
CLOSED
MORTGAGE FORECLOSURE
29-DEC-10

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Year: 2011
Record Count: 5

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2011 CV 05905
OPEN
CIVIL ALL OTHER
17-AUG-11

2011 EX 57250
OPEN
GARNISHMENT OF PERSONAL EARNINGS
08-APR-11

2011 CV 01921
CLOSED
MORTGAGE FORECLOSURE
14-MAR-11

2011 CV 02361
CLOSED
OTHER TORT
29-MAR-11

2011 CV 05176
CLOSED
OTHER TORT
19-JUL-11

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Year: 2012
Record Count: 5

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2012 CV 02947
OPEN
CIVIL ALL OTHER
24-APR-12

2012 CV 01122
OPEN
FORCIBLE ENTRY
10-FEB-12

2012 CV 01473
OPEN
MORTGAGE FORECLOSURE
23-FEB-12

2012 CV 02963
OPEN
MORTGAGE FORECLOSURE
25-APR-12

CA 025174
OPEN
NOTICE OF APPEAL FILED
27-APR-12

__________________________________________________ ______________________
Clearly, Sue Seeberger is not an experienced business and First Amendment issue litigator. It appears to me she is in way over her head and is in fact going head to head with very experienced business litigators.

I expect her response to my Motion to Dismiss will be quite something judging from her half baked and rather bizarre response to the city's Motion to Strike her third-party complaint (which itself was from left field all the way.) Arguing that her Third-party complaint was focused on the matter between Huber Heights, Ohio and Holbrook and brought in no issues from outside jurisdictions or unrelated matters is so patently ridiculous. Again, this poor clueless woman should be aware that Pahrump, Nevada is not in Ohio. Sheesh!!!

Soapboxmom

Soapboxmom

07-19-2012, 11:39 PM

About Don Allen Holbrook, Public Speaker & Author (http://economicdeveloper.wordpress.com/about/)

economicdeveloper (http://economicdeveloper.wordpress.com/)

~ Moving Beyond a Fragile Economy!

Search:

http://s0.wp.com/wp-content/themes/pub/chateau/images/chateau-default.jpg?m=1308225281g (http://economicdeveloper.wordpress.com/)
The First Amendment in the age of the Internet

08 Tuesday May 2012
Posted by economicdeveloper (http://economicdeveloper.wordpress.com/author/economicdeveloper/) in The Dark Side of Social Media & the Internet (http://economicdeveloper.wordpress.com/category/the-dark-side-of-social-media-the-internet/), Vicious bloggers (http://economicdeveloper.wordpress.com/category/vicious-bloggers/)

Tags
CAVE people (http://economicdeveloper.wordpress.com/tag/cave-people/), character assassination (http://economicdeveloper.wordpress.com/tag/character-assassination/), cyber stalking (http://economicdeveloper.wordpress.com/tag/cyber-stalking/), defamation (http://economicdeveloper.wordpress.com/tag/defamation/), economic damage (http://economicdeveloper.wordpress.com/tag/economic-damage/), emotional distress (http://economicdeveloper.wordpress.com/tag/emotional-distress/), inappropriate blogging (http://economicdeveloper.wordpress.com/tag/inappropriate-blogging/), intellectual property theft (http://economicdeveloper.wordpress.com/tag/intellectual-property-theft/), interfering with economic livelihood (http://economicdeveloper.wordpress.com/tag/interfering-with-economic-livelihood/), legal actions against bloggers (http://economicdeveloper.wordpress.com/tag/legal-actions-against-bloggers/), libel (http://economicdeveloper.wordpress.com/tag/libel/), professional attacks (http://economicdeveloper.wordpress.com/tag/professional-attacks/), slander (http://economicdeveloper.wordpress.com/tag/slander/), social media (http://economicdeveloper.wordpress.com/tag/social-media/), social media character assassinations (http://economicdeveloper.wordpress.com/tag/social-media-character-assassinations/), social media junkies (http://economicdeveloper.wordpress.com/tag/social-media-junkies/), social media malice (http://economicdeveloper.wordpress.com/tag/social-media-malice/), The Dark Side of Social Media and the Internet (http://economicdeveloper.wordpress.com/tag/the-dark-side-of-social-media-and-the-internet/), Unconscious incompetents (http://economicdeveloper.wordpress.com/tag/unconscious-incompetents/), uninformed experts (http://economicdeveloper.wordpress.com/tag/uninformed-experts/), vigilante governance (http://economicdeveloper.wordpress.com/tag/vigilante-governance/)

I don’t think when most of us became fascinated with the age of the Internet we could envision how it would change our society in so many ways. Now there is no doubt that it has enabled an entire new approach for instant information and that itself has spawned a huge new vocal voice. Some of these folks are just down right scary. They see themselves as super hero’s looking out for the virtues of humanity, seeking to right the wrongs that their minds have conjured up. They may have been wimps, fat girl, ugly girl, nerds or bullied in their own childhood, maybe they weren’t popular with other kids, they may have felt like misfits previously, but now with the internet, they are online warriors. They take on a persona that in the physical world they could not. The internet has become their alter-ego. Where in real life they may be shy and not outspoken on the internet as a blogger they are the epitome of everything they wish they could be. Worse yet, many of them take out their repressed anguish and frustrations on innocent people via the internet. They stalk, spy and steal information from their victims so as to use it to make their fictional story look overly sensationalized and portray their victim as an unethical, or some other defamatory image. They become the bullies and take out their own frustrations on others.

This type of online vigilante try’s to engage others to join them, wanting validation and social acceptance. They create a truly vile and despicable conspiracy to hunt, stalk, defame and maliciously hurt their victims. Worse yet they get others using the Internet for good purposes to be misled into believing their victims are deserving of the malicious and hurtful behavior.

The most common thread is these cyber stalkers and cyber bullies always attack any rebuttal that is voiced as being a ploy to further mislead their followers… and instead of seeking unbiased, substantiated valid facts they just ignore this responsibility and turn up their attacks. The second major trait is that they cite their basis as their right to the freedom of speech. Using the First Amendment as their defense.

The First Amendment is a double-edged sword, it’s a right and a responsibility, and it is one where People shouldn’t be allowed to torment and terrorize in the name of free speech.

Free Speech gives you the power of opinion and expression, but not the right to commit libel as a blogger. Of course the ultimate test is proving the actual truth. But the burden of proof is on those committing libel not on the plaintiff.

I am hopeful that someday we will have better regulation of websites that are too tolerant of such abusive bloggers in the interest of having more viewers and thus more advertising value. When did Libel and tortiously interfering with someone business, professional reputation and livelihood, become just another cost of doing business for the media? That is the real crime. I hope you never get a pack of nutty bloggers after you, because they just aren’t mostly driven by facts but opinions and accusations. In my case they forget I am a private citizen and as such not a public figure.

My own experience with negative bloggers is that they can’t be reasoned with. They have constructed a validation and justification in their own minds that they believe merits their attacks on the victim.

The only true course someone has that has been targeted by such a person or group of people is to hire a very good attorney and litigate those that participated in damaging you. Slowly I am hoping the laws change and become more restrictive in their allowance of such abuses online.

How should we Address bloggers and defamatory online users when they spew Libel?

The bloggers should be held accountable as a tort crime for the economic harm and pay 5 years worth of damages as retribution for their libel including attorney fees.

The bloggers should be fined a flat fee of $50,000.00 per occurrence plus the web host should be liable for (10x) punitive damages plus attorney fees.

The bloggers & web hosting parent sponsor company if applicable should be forced to pay as a tort crime 10 years of average salary of the damaged party as a fine.

The blogger should be forced to pay a fine of $100,000.00 or serve 6 months in prison for libel. A company that aides such actions should be 10X punitive damages.

VoteView Results http://stats.wordpress.com/g.gif?host=economicdeveloper.wordpress.com&rand=0.809238102832225&blog=31132194&v=wpcom&user_id=0&post=91&subd=economicdeveloper&ref=http%3A//www.quatloos.com/Q-Forum/viewtopic.php%3Ff%3D22%26t%3D8508%26sid%3D36776af0 a1ccd5b9e58eaadfdf1137bc

We have poked fun at this nonsensical diatribe before, but now that we know Holbrook had a lawyer and still wrote something so inane, it is even funnier. Nothing like having a loose cannon like Holbrook for a client!!!

The Plaintiff has the burden of proof. Boy are Holbrook and his attorney going to look foolish when their frivolous filing blows up in their faces. A good attorney would have never filed this harassment case. I am going to make sure this Holbrook rant goes viral!!!!

Soapboxmom

P.S. I hope Holbrook and his lame attorney can substantiate his accusations of cyber-stalking and cyber-harassment in their third-party complaint against me.

Another factor affecting the risk of sanctions is the degree to
which the substance of the claims tends to stigmatize the defendant,
stimulating a subjective desire for vindication and revenge.

One never knows when Holbrook's victims will counterclaim or sue him for the vicious lies he has published about all of us. He started this fight, but I don't think he is going to enjoy the finish!

littleroundman

07-20-2012, 12:58 AM

They may have been wimps, fat girl, ugly girl, nerds or bullied in their own childhood,

On the other hand, how many other possibilities are there out there ??

It's just as likely "they" are honest, hardworking, taxpaying citizens thoroughly p****d off by opportunistic others who've spent a large part of "their" lives with their noses in the public trough.

Or, it could be any one of a million other reasons "they" have taken up the opportunity to voice their displeasure at being done over on a regular basis by "them"

See ???

"They" can play the seed planting game just as well as "them"

Soapboxmom

07-20-2012, 12:04 PM

Don Holbrook is in for such a surprise. He has perhaps a 1 in a million chance of winning this frivolous, harassment case. Let's just suppose several hundred thousand in attorney fees later, Holbrook should get a judgment. I bet his defendants will follow his fine example, just pull a Holbrook and declare bankruptcy. There is no way he is going to get a dime out of this fiasco.

He declared chapter 7 in 2007 and wrote off 1.29 million in legal fees plus a ton more and then went on to make 1.2 million as Don Allen Holbrook LLC, Vercitas or whatever name while screwing all his creditors during that chapter 7 adventure. That bankruptcy was discharged in 2010 after Holbrook had toured Europe and lived like a king throughout it. He is now in chapter 11 that was filed around the time Earthquest's property went bust in 2011.

How many more times is he going to file for bankruptcy? Will he bankrupt Don Allen Holbrook LLC to prevent the city from collecting if they win a judgment? That will all be very public and totally viral if he does.

Will Sue Seeberger keep pursuing this case if Don Holbrook is not paying her? Will she withdraw for non-payment or because her client will not follow a reasonable course of action? She is signing pleadings and putting herself on the line. How do he and his attorney think this charade would end???

Soapboxmom

pantherdadX2

07-21-2012, 11:18 PM

Aaaaahhhh.....the perfect ending. Seeberger decides to ride Sir Gasbag and his Hindenberg to the end. Said bag of hot air (with "Piggy" piloting) implodes over that humongous tax trough, EarthQuest, sniffing for another meal at Chez Nous. The resulting pit created in the sands of Caney Creek from the crash-landing could then be the focal point for Don Lessums original idea. Instead of children digging for dinosaur bones in the sand, they could dig for rusty nuts, bolts, and rivets from the crash site. Perhaps the EMCID could convince Harris Co. to hire a few thousand unemployed illegal Mexican laborers to drop their cervesas and weed-sticks for a week and tote that air-conditioned dinosaur called the Astrodome 40 mi. up Hwy. 59 and plop it down over top of the pit. It would be a lot cheaper than paying 65 million to tear it down. This then would reduce liabilities over children burning their hands in the 150 degree sands on a 105 degree Houston-area summer afternoon, not to mention the possibility of heat-stroke. Then an investor could come in and develop a theme-based park, but then they would have to change the theme. Perhaps a monument to American greed and excess? littleroundman, here's hoping one little piggy goes whee, whee, wheeeee, all the way DOWN!!!!............oink oink :judge:

Soapboxmom

07-21-2012, 11:32 PM

Tim Darnell made the mistake of suing the BBB of Dallas and me in district court. He lost both cases in Summary Judgment. His attorney Jason Charles Ciarochi didn't have a judge rule in his favor once as far as I know ever! No doubt that Don Holbrook and his attorney Sue Seeberger are headed down that primrose path.

Don Allen Holbrook's attorney Sue seeberger filed a Motion to Dismiss on 5/29/2012. The city's attorneys responded and she replied again. It was up for decision on June 20, 2012. The judge has signed no order and the City has not amended its original complaint. So, I take it the judge has so far ruled against her on everything and I expect that trend to continue.

Seeberger states:

...the City fails to specify any particular alleged statements it claims to be false and fails to state the alleged times and places where the alleged statements were made....

The pot calling the kettle black!!!!

Soapboxmom

Soapboxmom

07-22-2012, 02:18 PM

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
MEMORANDUM IN OPPOSITION
OF DEFENDANT/THIRD-PARTY
PLAINTIFF DON ALLEN
HOLBROOK, LLC TO PLAINTIFF’S
MOTION TO STRIKE THIRD-PARTY
COMPLAINT, OR, IN THE
ALTERNATIVE, MOTION FOR
SEVERANCE OR A SEPARATE TRIAL

I. INTRODUCTION
Defendant/Third-Party Plaintiff Don Allen Holbrook, LLC (“Defendant” or “Don Allen
Holbrook, LLC”) opposes the Motion to Strike Defendant’s Second Amended Third-Party
Complaint, or, in the Alternative, Motion for Severance or a Separate Trial (“Motion to Strike”), filed by Plaintiff the City of Huber Heights (“Plaintiff” or “City”) for the following reasons.

First, this Court should deny the Motion to Strike because the Second Amended Third-Party Complaint (“Third-Party Complaint”) is proper under Ohio common law and comports with Civ.R. 14(A). Second, although this Court has discretion to sever or separate claims under Civ.R. 42(B), upon balancing considerations, including but not limited to, the promotion of judicial convenience and efficiency, avoiding the duplication of evidence and testimony, and avoiding inconsistent verdicts on identical or similar evidence or testimony, this Court should keep the affirmative claims asserted in the Third-Party Complaint with the affirmative claims asserted in Defendant’s Counterclaim and Plaintiff’s Complaint. For these reasons and the reasons stated below, this Court should deny Plaintiff’s Motion to Strike or to sever or separate the claims.

II. BACKGROUND
Briefly, the City filed a Complaint against Don Allen Holbrook, LLC alleging a legal
claim for breach of contract, an equitable claim for unjust enrichment, the intentional tort claims of conversion and fraudulent inducement, and a tort claim for negligent misrepresentation, seeking compensatory and punitive damages and attorneys’ fees. On Tuesday, May 29, 2012, Don Allen Holbrook, LLC filed its Answer to the Complaint denying the City’s claim for breach of contract, including affirmative defenses and its Counterclaim with claims for breach of contract and declaratory judgment to protect Defendant’s trade secrets. On the same day, Don Allen Holbrook, LLC also filed a Motion to Dismiss the City’s equitable claim for unjust enrichment and its intentional tort claims for conversion and fraudulent inducement, and its tort claim for negligent misrepresentation. Because Plaintiff is a municipal corporation organized under the laws of the State of Ohio (see Complaint, ¶ 1), it is protected under Chapter 2744 of the Ohio Revised Code on Political Subdivision Tort Liability from certain affirmative claims and defenses that Don Allen Holbrook, LLC could have otherwise asserted against a party that is not a political subdivision.

On June 12, 2012, Don Allen Holbrook, LLC filed its original Third-Party Complaint
without leave of court, which it is permitted to do under Civ.R. 14(A). The claims asserted in the Third-Party Complaint arise from the same set of events as the subject matter of the Complaint 3 filed against Don Allen Holbrook, LLC, namely, the City’s breach of its Agreement with Don Allen Holbrook, LLC and the City’s decision to assert intentional tort claims, a claim for negligent misrepresentation, and to seek punitive damages and attorneys’ fees in its Complaint against Don Allen Holbrook, LLC, when the parties had only a contractual relationship as shown by the exhibits attached to the City’s Complaint.

In order to counter the City’s baseless claims for conversion, fraudulent inducement, and negligent misrepresentation and to provide this Court with a more complete picture of the
relevant underlying scenario, Don Allen Holbrook, LLC filed a Third-Party Complaint against numerous known and unknown Third-Party Defendants who are engaging in tortious actions against Don Allen Holbrook, LLC on the internet and by telephone. The former City Manager, Gary Adams, wrote an email to Defendant on February 29, 2012, that a reporter had contacted him and that he had a “strange conversation” with the reporter. See Third-Party Complaint, ¶ 28.

Until March 14, 2012, the City had not told Don Allen Holbrook, LLC that it was dissatisfied in any way with its work or reports. See Third-Party Complaint, ¶ 33.
Upon information and belief, Third-Party Defendants’ tortious actions against Don Allen
Holbrook, LLC not only procured a breach in the Agreement by the City, but are also the reason that the City demanded all of its money back, contrary to the terms and conditions of the Agreement. Third-Party Defendants’ tortious actions, including but not limited to their defamatory and derogatory internet postings about Don Allen Holbrook, LLC, appear to be the reason that the City asserted intentional tort claims against Defendant, making all of the claims in the Complaint, Counterclaim and Third-Party Complaint part of the subject matter of the primary claim in the Complaint.

As it stands, by pleading claims for the intentional torts of conversion and fraudulent 4
inducement, and the tort of negligent misrepresentation against Don Allen Holbrook, LLC, the City itself has made the claims in Defendant’s Third-Party Complaint a proper subject of a thirdparty action, despite its protestations that the Third-Party Complaint “grossly confuses the issues presented in the City’s complaint and increases the City’s expenses.” See Motion to Strike, fifth page. Thus, if this Court denies Defendant’s Motion to Dismiss the City’s claims for unjust enrichment and the torts of conversion, fraudulent inducement, and negligent misrepresentation, then this Court must also deny the City’s Motion to Strike the Third-Party Complaint because the Complaint, the Counterclaim, and the Third-Party Complaint are part of the same occurrence, arise from the primary claim asserted by the City or are derivative of the primary claim, making the Third-Party Complaint proper under Ohio law.

III. THE THIRD-PARTY COMPLAINT IS PROPER UNDER OHIO LAW.
Third-party practice in Ohio is governed by Civ.R. 14. Civ.R. 14(A) states in part: “At
any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him.” Emphasis added. When any party objects to a third-party complaint, a trial court must determine whether the thirdparty complaint should be tried with the claims in the complaint, severed, or tried separately.

State ex rel. Jacobs v. Municipal Court of Franklin Co., 30 Ohio St.2d 239, 241 (1972).
To determine whether a third-party complaint should be tried with the claims in the
complaint, a trial court should first consider whether the claims in the third-party complaint arise out of the transaction or occurrence that is the subject matter of the complaint or is in some way derivative of it. Franklin Cty. Dist. Bd. of Health v. Paxson, 152 Ohio App.3d 193, 2003-Ohio
1331, ¶¶ 13-18 (10th Dist. 2003). Second, a trial court should consider whether the third-party 5 complaint is consistent with the purposes of Civ.R. 14. The Ohio Supreme Court in Jacobs held that the purposes of Civ. R. 14 are to:

1. promote judicial efficiency by avoiding a circuity of actions;
2. consolidate separate actions that should be tried together;
3. avoid a duplication of testimony and evidence; and
4. avoid inconsistent verdicts on identical or similar evidence or testimony.

Jacobs, 30 Ohio St.2d at 241. Finally, a trial court should consider whether a third-party
complaint states claims upon which relief can be granted. State Farm Mut. Auto Ins. Co. v.
Charlton, 41 Ohio App.2d 107, 109-10 (10th Dist. 1974). Also, under Civ.R. 18(A), a party
asserting claims for relief, including a third-party complaint, “may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.” As will be shown below, this Court should deny Plaintiff’s Motion to Strike and to sever the ThirdParty Complaint.

IV. THIS COURT SHOULD DENY PLAINTIFF’S MOTION TO STRIKE BECAUSE
DEFENDANT’S THIRD-PARTY COMPLAINT IS PROPER UNDER CIV.R.
14(A) AND OHIO LAW.

A. Claims in the Third-Party Complaint arise from and/or are derivative of the
tort claims in the Complaint. First, this Court should conclude that the claims in the Third-Party Complaint arise from the same transaction or occurrence that is the subject matter of the Complaint or are in some way derivative of the claims in the Complaint. Jacobs, 30 Ohio St.2d at 242; Paxson, at ¶ 18. There is only one Agreement at issue in the Complaint and the same Agreement is at issue in the ThirdParty Complaint, the Agreement between the City and Don Allen Holbrook, LLC. Thus, the claims in the Third-Party Complaint arise from the same Agreement and/or are derivative of the
primary claim in the Complaint based on the Agreement.

Moreover, it is the City that raised the issue of alleged wrongful conduct by Don Allen 6
Holbrook, LLC in its Complaint by including claims of conversion, fraudulent inducement, and negligent misrepresentation, along with its claims for breach of contract and unjust enrichment. The tort claims in the Complaint and the Third-Party Complaint are linked because the former City Manager, Gary Adams, sent an email dated February 29, 2012, to Don Allen Holbrook, LLC that a reporter from the Houston Press had asked Mr. Adams if Don Allen Holbrook, LLC had a contract with the City of Huber Heights, asked when it was entered, and then published to Mr. Adams defamatory, false, and derogatory statements about Don Allen Holbrook, LLC, Don Holbrook, and a project in Houston, Texas, known as Earthquest. See Third-Party Complaint, ¶

27. Thus, Defendant’s third-party claims for civil conspiracy, for tortious interference with
contract, and defamation have the same subject matter and/or are derivative of the same subject matter, and the damages that Don Allen Holbrook, LLC is seeking from Third-Party Defendants are for reimbursement for Third-Party Defendants’ concerted efforts to interfere with and procure the breach of the Agreement, to recover from the Third-Party Defendants the damages sought by the City, plus punitive damages, and attorney’s fees. In sum, the liability sought to be passed on by Don Allen Holbrook, LLC’s Third-Party Complaint arises out of the same transaction that is the subject matter of the Complaint.

B. The Third-Party Complaint conforms to the purposes of Civ.R. 14.
Second, this Court should conclude that the Third-Party Complaint conforms to the
purposes of Civ.R. 14(A). The purposes of Civ.R. 14 are to promote judicial efficiency by
avoiding a circuity of actions; consolidate separate actions that should be tried together; avoid a duplication of testimony and evidence; and avoid inconsistent verdicts on identical or similar evidence or testimony. Jacobs, 30 Ohio St.2d at 241.

The Third-Party Complaint conforms to the purposes Civ.R. 14(A) based on identical 7
and/or substantially similar allegations by Don Allen Holbrook, LLC in its Counterclaim and the Third-Party Complaint. Contrary to the City’s argument that the Third-Party Complaint “grossly confuses” the issues in the Complaint (see Motion to Strike, fifth page), the Third-Party Complaint puts the Complaint in context. This Court should note that Don Allen Holbrook, LLC asserted in its Affirmative Defenses to the Complaint that the City had “failed to join necessary parties under Civ.R. 19 that, upon information and belief, tortiously interfered with the Agreement between the parties.” See Answer and Counterclaim, ¶ 33. Furthermore, Don Allen Holbrook, LLC purposefully asserted either identical or substantially similar allegations in the Counterclaim, see ¶¶ 36 to 59 therein, and in the Third-Party Complaint, see ¶¶ 13 to 39 therein, in order to conform to the purposes of Civ.R. 14(A). This Court should also note that the City
has not moved to strike or sever any allegations in the Counterclaim.

Specifically, all of Don Allen Holbrook, LLC’s claims in the Counterclaim and the
Third-Party Complaint are based on the breach of the Agreement between the City of Huber Heights and Don Allen Holbrook, LLC, which happened in Montgomery County, Ohio. All of Don Allen Holbrook, LLC’s claims argue the same or similar theory, namely that the breach of the Agreement by the City along with the concerted actions of the Third-Party Defendants caused Don Allen Holbrook, LLC’s losses relating to this Agreement. Don Allen Holbrook, LLC has also generally alleged losses relating to reputation, good will, other future business and lost profits.

While Don Allen Holbrook, LLC may have other claims against the Third-Party Defendants based on other Agreements breached in other jurisdictions outside of Ohio, Don Allen Holbrook, LLC has not alleged those claims before this Court. All of the allegations in the Counterclaim and the Third-Party Complaint arise from and relate to the breach of the 8 Agreement with the City. Thus, judicial efficiency will be promoted by trying all of the claims relating to this Agreement in one action, will avoid a duplication of testimony and evidence and will avoid inconsistent verdicts on identical or similar evidence or testimony relating to this Agreement. If this Court strikes the Third-Party Complaint, it is likely that Defendant would refile these claims against the Third-Party Defendants, so judicial efficiency favors not striking the Third-Party Complaint.

C. The Third-Party Complaint states claims upon which relief can be granted.
Third, this Court should conclude that the Third-Party Complaint states legally
cognizable claims against the Third-Party Defendants upon which relief can be granted (apart from the issue of personal jurisdiction against Third-Party Defendants, which is not now before this Court, but was before the Ohio Supreme Court in Kauffman Racing Equipment, L.L.C. v. Roberts, 2010-Ohio-2551, 126 Ohio St.3d 81, holding that Ohio courts have personal jurisdiction over out of state residents who publish defamatory comments on the internet which are seen by Ohio residents and cause tortious injury within the State of Ohio). The City’s Motion to Strike does not argue that the Third-Party Complaint fails to state claims upon which relief can be granted, so this Court should conclude that the City is not disputing that Defendant’s Third-Party Complaint meets this requirement.

D. For judicial efficiency, this Court should not sever or bifurcate the ThirdParty Complaint.
While this Court has discretion under Civ.R. 42(B), to sever or separate the Third-Party
Complaint from the issues in the Complaint and Defendant’s Counterclaim, Don Allen
Holbrook, LLC believes that judicial efficiency and economy would be served by not severing the claims.9

IV. CONCLUSION
For the foregoing reasons, this Court should deny the City’s Motion to Strike the ThirdParty Complaint and deny the Motion to sever or to separate the claims from the Complaint, the
Counterclaim, and the Third-Party Complaint.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant Don Allen
Holbrook, LLC
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served by the Court’s e-filing system or by ordinary mail on this
17th day of July, 2012, upon the following:
Here is the whole shooting match. I had posted excerpts, but I think the fascinating part is her complete lack of dates of these defamatory posts filled with false information. She has yet to identify these false statements of fact, so I don't think she can identify a single defamatory post. Don Holbrook is at least a limited public figure under the eyes of the law, so the standard is quite high.

I think Seeberger's and Holbrook's contention that Craig Malisow interviewing the city manager for info for his Earthquest article(published on April 11,2012) on February 29th included publishing defamatory statements beyond laughable. Again, she wants the city to enumerate the false statements the city is claiming Holbrook made when she can't name a single false thing published about Holbrook by those she accuses.

I am still floored by the fact that she argued no other jurisdictions or outside claims were brought in. Where does she think Pahrump, Nevada is located and how does she think that is related to the dealings between Holbrook and Huber Heights? Nothing after Holbrook's date of February 29th or the date he was shown the door on March 14th can be brought in unless Seeberger wants to argue I shared my time travel broomstick with the city of Huber Heights, Ohio. I really get around on that stick mind you!

I think her reasoning that if the judge denies her Motion to Dismiss numerous claims in the original suit filed by the city, that the judge must deny the Motion to Strike the Third-party claims is beyond absurd. The judge didn't grant her motion to dismiss on any issue I suppose because the city's case is meritorious. As soon as there are more rulings to share I will see that all the IEDC board members and Holbrook's fellow Knights are informed.

http://www.youtube.com/watch?v=8pS_gJPJzhU
Like I said, I didn't loan this thing out!

Soapboxmom

Soapboxmom

07-22-2012, 04:45 PM

Holbrook is rambling on Amazon:

Last edited by the author on Jul 12, 2012 3:13:04 PM PDT Don Allen Holbrook (http://www.amazon.com/gp/pdp/profile/A3AV58UI4118DH/ref=cm_cd_et_pdp) says:
The Next America: moving beyond a fragile economy (http://www.amazon.com/gp/product/B006DUIREC/ref=cm_cd_asin_lnk)
If any of you have ever been stalked and defamed by an online stalker? Well they can be a huge nightmare and Congress has been slow to address what most would consider at least I do in my opinion cyber stalking and purposeful character assassination for malice and purposeful intent to do so. The Art of the Deal Today (http://www.amazon.com/gp/product/B008IH4B7K/ref=cm_cd_asin_lnk) Well this Heather Dobrott aka SoapBoxMom has taken to a smear campaign on purpose to destroy and ruin my professional reputation and livelihood. I have never met this woman and I have never had any business dealings with her. My only interaction with her was to correct her negative portrayals of me because she admittedly is doing them to harm me financially and with no direct reason or basis of fact. Please disregard anything that Heather Dobrott and/or her Husband Paul Dobrott have to say about me. They are purposely targeting me to harm me financially and professionally in an attempt to ruin me. Her allegations are not based on credible facts and her online statements have no legitimate basis of knowledge related to my industry and our standard practices as professionals. She is simply in my opinion someone who thinks she is justified in being what I consider to be online vigilante tactics.

Taxpayers, journalists and their respective newspapers and websites have been covering the Earthquest debacle. The expenditure of tax dollars is a matter of public concern. Holbrook had been threatening and proceeded to sue us for speaking out on matters of public concern. It is all facts, truth and opinion.

He has yet to identify even one single false statement of fact by anyone anywhere! Newspaper articles, meeting minutes, public records, interviews with past clients, Holbrook's own words and much more make up these discussions. Much of Craig Malisow's article is based on his interview with "Dino Don" Lessem. I would bet that Mr. Lessem and Contour's Chris Brown do not support this harassment suit and may well not do business with Mr. Holbrook any longer after this vicious assault he has made on the good taxpayers of Texas and Nevada!

He hasn't as of yet managed to correct anything as he claims. I suggest Mr. Meltdown enumerate and document any false statements of fact that have been made by any of the parties he is suing or be prepared for the onslaught of publicity his frivolous harassment suit deserves!

Soapboxmom

pantherdadX2

07-23-2012, 12:02 AM

Destroy and ruin my professional reputation? What's he a professional of? Blowing smoke up the kisters of taxpayers? Methinks Donny-boy needs to start preparing for his second career, either used-car salesman or WWE "Entertainer". I could hear Vince McMahon right now, "And in this corner, weighing over....well, over-weight, spewing forth blabberistic blubberings, Mr. Perf...I mean MR. MELTDOWN".....LMAO

littleroundman

07-23-2012, 01:15 AM

Destroy and ruin my professional reputation?

It'll be a neck and neck race to see who destroys what first.

At this stage, Mr Holbrook is doing an exceptional job of destroying whatever professional reputation he had left after his string of successive failures without the need for any outside help.

littleroundman

07-23-2012, 01:21 AM

I don't know what came over me.

There I was happily typing away, when suddenly this old quotation sprung to mind:

http://i218.photobucket.com/albums/cc153/thelittleroundman/Scams/allsome.jpg

pantherdadX2

07-23-2012, 11:00 AM

:whip:It' coming down to the wire....and we have a winner, (by a NOSE), the self-trained, stabled in Gepetto's workshop, ridden by Seeberger,and owned by the IRS......SIR GASBAG

pantherdadX2

07-24-2012, 06:41 AM

How dare you, littleroundman! Obviously it was us vicious internet bloggers and cyber-stalkers from the future (2012) who borrowed Soapboxmom's (that wicked witch of the South) time-travel broomstick and traveled back in time and contributed to those failures! Hast thou forgotten Commandment (#2)< that's a good one....Speaketh not the Supreme Ruler of the Internet's name in vain, lest thou be struck by lightning bolts from his arse! (William Wallace)................dude seriously needs to lay off the Red Zeppelin for a while.

littleroundman

07-24-2012, 07:22 AM

HeHe,

one thing's for sure.

The next time you hear the expression "self destructive" used, I can almost guarantee I know what mental picture immediately springs to mind.

pantherdadX2

07-24-2012, 08:07 AM

No doubt, littleroundman. The next time I read an article or watch a documentary on the self-destuctive behavior of herion addicts, someone else's image will be clouding my memory bank. signed........no fool

Soapboxmom

07-24-2012, 11:20 AM

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff
-vs-
DON ALLEN HOLBROOK, LLC
Defendant
*
*
*
*
*
CASE NO. 12 CV 2947
JUDGE MICHAEL TUCKER
CITY OF HUBER HEIGHTS’ REPLY TO HOLBROOK’S MEMORANDUM
IN OPPOSITION TO THE CITY’S MOTION TO STRIKE
HOLBROOK’S THIRD-PARTY COMPLAINT
A plain reading of Civ.R. 14(A) indicates that a third-party complaint is proper only if
the third-party defendant is “liable…for all or part of the plaintiff’s claim . . . .” It is not an
avenue for asserting independent claims against non-parties to the suit. Nor is it an avenue to
“provide the Court with a more complete picture of the relevant underlying scenario” as
asserted by Holbrook (See Holbrook’s Memo in Opp., 3)—there are many other, less
disruptive, avenues to provide this information. Holbrook’s cited case, Franklin Cty. Dist. Bd.
of Health v. Paxson, 152 Ohio App.3d 193, 2003-Ohio 1331, aptly stated the proper
application of Civ.R.14:
In order to bring a third-party claim under Civ.R. 14(A), the claim must be
derivative of the outcome of the main claim, and the third-party defendant
must be “secondarily liable” or “liable over.” A third-party claim is
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, July 24, 2012 10:43:02 AM
CASE NUMBER: 2012 CV 02947 Docket ID: 17369436
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO2
inappropriate where the right or duty set forth in the third-party complaint
alleged to have been violated does not emanate from the plaintiff’s claim
but exists wholly independent of it. Thus, “in order to be the proper
subject of a third-party action, the alleged right of the defendant to
recover, or the duty allegedly breached by the third-party defendant, must
arise from the plaintiff’s successful prosecution of the main action against
defendant.” Civ.R. 14(A) does not allow a third-party complaint to be
founded on a defendant’s independent cause against a third-party
defendant, even though arising out of the same occurrence underlying
plaintiff’s claim. Impleader under Civ.R. 14(A) cannot be used to combine
all claims tangentially related to one another. (internal citations omitted).

Simply put, none of the third-party defendants would be liable to Holbrook if the City were successful on any of its claims: This is required under Civ.R.14(A) before conducting the three-part test outlined by Holbrook. (See Holbrook’s Memo in Opp., 4–5). Defendant’s claims do not arise from nor are they derivative to the successful prosecution of the City’s claims. That is, Holbrook’s claims do not depend on the successful prosecution of the City’s claims.

The success or failure of Holbrook’s claims—though tangentially related to the same
occurrence as the City’s complaint—are not dependent on the City’s claims. If the City is
unsuccessful, the third-party defendants may still be liable to Holbrook. And the City’s
successful prosecution of its claims is not required for Holbrook to establish its third-party
claims.

The City’s Motion to Strike is also appropriate because Defendant’s third-party complaint does not promote judicial efficiency. Instead, it causes an increase in multiple
unnecessary parties, causes increased legal issues to resolve (including each of the third-party defendants’ anticipated motions to dismiss), and results in a confusion of the issues. The City’s causes of action focus first on Holbrook’s work product: either it conformed to the contract and industry standards, or it did not. If Holbrook’s work product failed to conform, 3

Holbrook’s pre-contract behavior comes under scrutiny to determine if his conduct supports the City’s tort claims. The testimony of the many third-party defendants does not aid in determining whether Holbrook’s product was conforming nor does it aid in determining whether Holbrook’s conduct was tortious. If Holbrook’s product conformed—Holbrook has no damages and the City would continue to owe under the contract. If Holbrook’s product does not conform—Holbrook’s damages result from the non-conformity not the actions of the third-party defendants.
Even if the third-party defendants are necessary for Holbrook’s defense, their
testimony is not necessary until these preliminary issues are resolved, which makes severance or separate trials appropriate. The point remains, however, that Holbrook’s claims are not dependent on the City’s successful prosecution of its claims—they are independent causes of action.

Thus, the Court should strike Holbrook’s third-party complaint. Though Holbrook’s actions are under scrutiny across the nation, this Court need not resolve Holbrook’s affairs in Texas, Nevada, Arizona, or any other state in which its actions have faced scrutiny. Nor should the City face the increased costs associated with matters of foreign affairs. Even if a reporter contacted the City as alleged by Holbrook, this does not make every news organization scrutinizing Holbrook’s actions a necessary or valid third-party defendant.
4
Respectfully submitted,
/s/ L. Michael Bly___________________
L. Michael Bly (0042074)
Joshua M. Kin (0086965)
PICKREL, SCHAEFFER & EBELING CO.
2700 Kettering Tower
Dayton, Ohio 45423
Telephone: (937) 223-1130
Facsimile: (937) 223-0339
mbly@pselaw.com
jkin@pselaw.com
Attorneys for Plaintiff

laidback

07-24-2012, 12:13 PM

Uh, Oh! Could be trouble in Gasbagville...!

Soapboxmom

07-24-2012, 01:12 PM

A brilliant response
Roman Forest Online Message Board - An Error Has Occurred (http://www.romanforest.proboards.com/index.cgi?action=display&board=general&thread=801&page=10:)

Stephen Rorai
Guest

http://images.proboards.com/new/xx.png
Re: Latest on Earthquest theme park
« Reply #281 Today at 11:04am »
http://images.proboards.com/new/buttons/quote.png (http://www.romanforest.proboards.com/index.cgi?board=general&action=post&thread=801&quote=11649&page=10)

The great wonders of our age; skyscrapers, sports domes, dams, and massive theme parks were conceived, developed, and constructed by visionaries. These intellectual and financial giants had the ability to work beyond the common, the simply ordinary, and create an atmosphere where exceptionality thrived and where their ideas and dreams became reality through the sheer weight of their personalities. It was not enough to receive compensation for the idea, for if that was their goal they would simple go from place to place drumming up support for the ideas, never really caring if it ever went beyond concept. No, these men and woman could not simply develop political stratagems where the landscape would be conductive to it occuring, they completely dominated the social, political, and financial environments ensuring the success of the idea. Sadly, these traits were not part of the psychological make up of the principles who conceived the Earthquest idea so it was doomed from the start. The firms and individuals involved focused on the economic development of this idea at the expense of the final product. Packaging the idea became an end unto itself. Unfortunately, the sucessful completion of the idea has nothing to do with economic development. The measure of their success is only creating the conditions where the idea may be possible, and nothing else. Like locusts they go from place to place consuming the available resources until they are forced to move on, satisfied of a job well done. Our leadership failed to observe the fundamental principles of project management. They had no real experience on how to proceed past the concept stage with a project of this magnitude and failed to secure an individual with extensive, and relevant, expertise in the field of theme park construction. I guess they thought their little band of fools was up to the task. Their arrogance, and greed, blinded them to their ignorance, condemning the project to an epic failure and putting the taxpayers of the district on the hook to pay back millions of dollars worth of bonds with absolutely nothing to show for it.

fjjm303

07-24-2012, 01:16 PM

Hi Stephen Rorai,

Could not have said it better myself.

laidback

07-24-2012, 01:20 PM

EagleOne

07-24-2012, 03:03 PM

My only question is will Don now ammend his lawsuit to add Stephen Rorai to his list of defendants?

Don's lawsuit keeps reminding me of Dwight Schweitzer and Todd Disners lawsuit in the ASD Case. Totally without merit and taking up valuable court time for the absurd ego of the Plaintiff's.

Hmm, now I wonder if I will be added for making fun of Don's lawsuit?

Whip

07-24-2012, 03:58 PM

pantherdadX2

07-24-2012, 05:22 PM

Though Holbrook's actions are under scrutiny across the nation.......EPIC!!! By the time he's done shooting himself in the foot repeatedly, his actions will be under world-wide scrutiny. Nice of ya'll to hook your boxcars up to the Holbrook Lawsuit (Runaway) Freight Train, Stephen and EagleOne. We don't know if Don and Sue can handle the extra baggage, though, they're huffing and puffing already!

Soapboxmom

07-24-2012, 05:39 PM

The nutbag patrol is weighing in again:

SueHeatherPaulDobrott (http://kingwoodunderground.com/account.jsp?id=3889223) --- 4 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3889223&otype=ACCOUNT&btype=HIDE&dest=topic11722526) Heather there are no state lines when committing
Multiple crimes on the Internet. The many actions from you and your members against Don and many others are criminal in more than one state and in other countries. When Don is done with you and your members the intel is the Feds are next. Also in consulting be aware that all members of your website are going to have their real names exposed including little round man, professor Henry Higgins and the others who hide and commit cyber crimes. It must be horrible to be you. All will be out in the open. Isn't that the way you like it.

The Feds are going to come after the very people that work with them to stop crime????

Whip

07-24-2012, 08:39 PM

intel is the Feds are next.

http://img.photobucket.com/albums/v649/Whip412/376a.gif

littleroundman

07-24-2012, 10:09 PM

O.K. NOW, I'm amused:

http://i218.photobucket.com/albums/cc153/thelittleroundman/Scams/vigil.jpg

vig·il: /ˈvijəl/

Noun:

A period of keeping awake during the time usually spent asleep, esp. to keep watch or pray.
A stationary, peaceful demonstration in support of a particular cause, typically without speeches.

antis: plural of an·ti

Noun:

A person opposed to a particular policy, activity, or idea.

pantherdadX2

07-24-2012, 10:17 PM

I'm ashamed to say someone from this neck of the woods even posted that comment. Apparently this bored little troll's latest issue of Weekly Reader or Highlights For Children hasn't arrived in the mail yet. (note to mother of bored little troll) Will you PLEEASE take your daughter to the mall to see a movie, buy a new training bra, bag of lollipops,......Good Lord, SOMETHING!:pulling_hair_out:

Soapboxmom

07-24-2012, 10:33 PM

SueHeatherPaulDobrott (http://kingwoodunderground.com/account.jsp?id=3889223) --- 2 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3889223&otype=ACCOUNT&btype=HIDE&dest=topic11722526) Omg. Lmao. You work with the Feds. You will eat those words. The Feds can't stand vigil antis.

You break laws to harrass people. Remember this, all members hiding will be exposed. Then they can defend their actions. You can insult all day but your little site has been copied. Every little word and has been sent to many. They will be exposed just like you were Doc.

Don Holbrook's fan club has the most charming of members. Mad taxpayers and every nut out from under their rock. Holbrook is going to have a marvelous time!

Soapboxmom

pantherdadX2

07-25-2012, 12:47 AM

Especially those morons who wear rediculous robes. Who are they? The Templar Knights? Just think, had Sir Gas Bag wore that rediculous robe and a hood with it to the Jasper Co. city council meeting in East Texas, they would have mistaken him for a Grand Wizard of a different organization, and EarthQuest would have been up and running in no time.(Just my opinion, I USED to own property near there)

littleroundman

07-25-2012, 01:02 AM

all members of your website are going to have their real names exposed including little round man,

YAY !!!!!

My efforts on the forum aren't in vain.

I got a mention.

Now all I need is a list of all this criminal activity in which I'm supposedly involved and my day will be complete.

It's funny, but, in my world, "criminal" proceedings and "civil" proceedings are quite different beasts.

I'm not really into watching TV, so I I've quite probably missed the episode of "Law and Order" from which Mr/Ms "SueHeatherPaulDobrott" gained his/her legal training and expertise.

P.S. "SueHeatherPaulDobrott" for when you get around to having your favourite friendly neighbourhood "Fed" knock on my door, that would be "Australia" as in Crocodile Dundee and kangaroos, not "Austria" as in William Tell and apfelstrudel.

P.S.S. "SueHeatherPaulDobrott" when it gets closer to the day, have your people ring my people and we'll arrange to do lunch and swap specific addresses.

laidback

07-25-2012, 01:39 AM

There was an old Buddy Holly song that covered this situation...That'll be the day - buddy holly - YouTube (http://youtu.be/sO_wJEGmfQE)

EagleOne

07-25-2012, 03:14 AM

I was beginning to feel left out, but then saw where they said "all" members of this forum would be exposed with their real names. Now I feel all warm and fuzzy inside as I am included as a vigil antis, as I would hate to miss out on all the fun.

ProfHenryHiggins

07-25-2012, 11:41 AM

laidback

07-25-2012, 11:59 AM

Considering that only a tiny fraction of the total registered members have ever posted in one of the Holbrook threads, I wonder how they would rationalize that should one of the majority members take offense at such a revelation? Of course, the likelihood of this Sue person managing to figure out who even 10% of the members actually are without hacking is astronomical odds.

And as I've commented in the past, I'm not involved with the Heather vs. Holbrook matter, so if someone drags me into it, I won't be polite.
I think we can safely presume that it is all bluff and bluster, as always seems to be the case with anonymous posters griping about anonymous posters...!

EagleOne

07-25-2012, 01:52 PM

Considering that only a tiny fraction of the total registered members have ever posted in one of the Holbrook threads, I wonder how they would rationalize that should one of the majority members take offense at such a revelation? Of course, the likelihood of this Sue person managing to figure out who even 10% of the members actually are without hacking is astronomical odds.

And as I've commented in the past, I'm not involved with the Heather vs. Holbrook matter, so if someone drags me into it, I won't be polite.

Come on Prof. Everyone knows you're one of the biggest, baddest vigil antis on this forum. :RpS_lol: :RpS_lol: Uh, hold that thought. I just remembered that you are me and I am you because maniacalmoronbrain said so. Therefore it has to be true.

But wait, they are going to have fun determining just who is who after maniacalmoronbrain outed everyone as being everyone they aren't.

Whip

07-25-2012, 04:49 PM

Isn't vigil antis that lost world all the researchers are looking for?

EagleOne

07-25-2012, 05:06 PM

Isn't vigil antis that lost world all the researchers are looking for?

No, that's vigil lantis or was it vigil antlis? No matter, it wasn't vigil antis.

Soapboxmom

07-25-2012, 05:41 PM

Don Allen Holbrook's fan club has truly gone over the edge yet again:

ez123wealth (http://kingwoodunderground.com/account.jsp?id=3890832) --- 2 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3890832&otype=ACCOUNT&btype=HIDE&dest=topic11722526) I m happy to say I joined the suit. I received an email about joining a class action suit against Heather and members of her and her husband Paul's website real scam. There was over 100 signatures so far as they build the case. Will look to see and how much money we win and if Hearher and crew go to jail.

The poor brainless idiot thinks a civil suit could result in a prison sentence. I am sure the nice folks in the white suits can adjust those meds. Let's have the names of these 100 Plaintiffs, the case number and court where it is filed.

The creep that wrote this put this link on his page:

Empower Network: Commission Loophole (http://www.empowernetwork.com/commissionloophole.php?id=ez123wealth)

Google says:

Act Quickly, Because This Offer Could ... - Empower Network: Join (https://www.empowernetwork.com/join.php?id=ez123wealth)https://www.empowernetwork.com/join.php?id=ez123wealth
Order Summary: Total Today: $25.00. You have been referred by: Tony Barnes Their affiliate ID is: ez123wealth. I agree that Tony Barnes is my referring affiliate.

If that is you on the Earthquest thread, Tony, I can assure you that is not a good way to advertise!

Soapboxmom

Whip

07-25-2012, 05:55 PM

The scammers really need a new schtick.

pantherdadX2

07-25-2012, 06:46 PM

Should I or shouldn't I? Oh, HELL YES! All members hiding will be exposed. They will be exposed just like you were Doc. Let me save them the trouble, SueHeatherPaulDobrott, it's about time I come out of the closet anyway........:mooning:

laidback

07-25-2012, 07:51 PM

No, that's vigil lantis or was it vigil antlis? No matter, it wasn't vigil antis. No, No, No! It's vigil ante like in a poker game, " I see your lookout and ante 1 vigil"...!

ProfHenryHiggins

07-25-2012, 10:43 PM

If that is you on the Earthquest thread, Tony, I can assure you that is not a good way to advertise!

Soapboxmom

After looking Tony up for a few minutes, I found myself praying that "Tony Barnes" was an unusually common name in his region, because of all the C-R-A-P that came up.

littleroundman

07-25-2012, 10:46 PM

The scammers really need a new schtick.

Anything to help out:

http://i218.photobucket.com/albums/cc153/thelittleroundman/Scams/schick.jpg

pantherdadX2

07-26-2012, 07:46 AM

Have Don and Sue played their super-duper, double-secret trump card, Tony? Will everyone crumble under the immense pressure and fold?......the suspense is killing me

Soapboxmom

07-27-2012, 05:42 PM

New Caney Dino Park Discussion & Rumors

http://www.houstondinopark.com/images/spacer.gif
COMMENTS

Comment by: Would laugh if it wasn't so tragic.... on Jul. 27th, 2012 - 6:23am
How long is this guy going to string East Montgomery county around? If he put as much effort into the park as he did with his lawyers we would be enjoying a park right now. Just let it go. Quit getting peoples hopes up. Just go away.....
This is not unique, it seems there are a lot of parks looking for investors that only exist as pictures on the Internet. Just go play Roller Coaster Tycoon....it is a lot cheaper and would get more results. Want to see what real progress looks like? Go to Kemah or Galveston's Pleasure Pier.....
How many tens or hundreds of thousands is Holbrook going to spend chasing folks around in his frivolous lawsuit? Why hasn't he made a herculean effort to help line up funding for Earthquest as his reputation is on the line? He was hired in 2007 just for that purpose. He claims to have 9 or 10 investment groups following him around (http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index12.html#post21446) and yet Earthquest can't even secure the property to build on. Holbrook should have settled with Huber Heights and never started a public fight with numerous newspapers, journalists and taxpayers.

Holbrook either got very poor legal advice or his ego won't allow him to take a sensible course of action. Sue Seeberger has asked for more time to respond to my Motion to Dismiss. I suspect her parents medical problems are the not the only reason she is not prepared to respond. I don't think she will be able to challenge the numerous motions to dismiss which will be flooding in.

Did she really think bringing in a deluge of third-parties was going to help Holbrook with a suit focused on his report turned into the city of Huber Heights, Ohio? Has she discovered her fatal mistake of claiming no other jurisdictions or issues outside of Ohio are mentioned in her Third-party complaint, when in fact she asked for damages for Holbrook's dealings in Pahrump, Nevada?

I can't wait to see the witness list. What member of the IEDC will testify for Holbrook? Will Seeberger withdraw when Holbrook can no longer pay her? Will Holbrook scrounge around for another attorney to replace her as this mess explodes around him?

Soapboxmom

laidback

07-27-2012, 07:16 PM

This Dont Holdback and Si Sueberger show is getting more preposterous by the minute...!

Whip

07-27-2012, 10:55 PM

This Dont Holdback and Si Sueberger show is getting more preposterous by the minute...!

Clearly they think everyone is going to cave and this will never see a court room.

littleroundman

07-27-2012, 11:57 PM

clearly they think everyone is going to cave and this will never see a court room.

EXACTLY !!!!

The whole point of bullying and terrorism is to instill fear in people of what MIGHT happen.

Despite the very rare stories picked up by the sensationalist media, the law is NOT there to be used as a weapon to stifle free speech, ESPECIALLY since the introduction of anti SLAPP legislation in most jurisdictions.

pantherdadX2

07-28-2012, 06:49 AM

Didn't that locust, Sir Gas Bag not use HIS parents as a crutch, sometime before feeding on Huber Heights crop of taxdollars?:RpS_rolleyes:

Soapboxmom

07-28-2012, 08:25 AM

http://ecx.images-amazon.com/images/I/51YKMGM66uL._AA160_.jpg (http://www.amazon.com/Steps-Satisfaction-Success-Happiness-Wealth/dp/147825727X/ref=la_B001JS1PGA_1_5?ie=UTF8&qid=1343480478&sr=1-5)
Paperback: $6.99

The Nine Steps to Satisfaction, Success, Happiness & Wealth: You Should Take Action Today Towards a Better Quality of Life (Volume 1) (http://www.amazon.com/Steps-Satisfaction-Success-Happiness-Wealth/dp/147825727X/ref=la_B001JS1PGA_1_5?ie=UTF8&qid=1343480478&sr=1-5) by Don Allen Holbrook and Sir Don Allen Holbrook KTJ (Jul 13, 2012)

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Paperback Order in the next 58 minutes to get it by Monday, Jul 30. (http://www.amazon.com/Steps-Satisfaction-Success-Happiness-Wealth/dp/147825727X/ref=la_B001JS1PGA_1_5_title_0_main?ie=UTF8&qid=1343480478&sr=1-5) Eligible for FREE Super Saver Shipping.

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Don Holbrook's Accomplishments (http://www.amazon.com/gp/forum/cd/discussion.html/ref=ntt_mus_ep_cd_tft_tp?ie=UTF8&cdForum=Fx23XA5IMVZJ7LV&cdThread=TxQZ0N45R13XZO)
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Don Allen Holbrook's book is such a complete joke! He was in chapter 7 bankruptcy in 2007 and wrote off almost 2 million in debt. 1.29 million of that was for his legal adventures alone. He is now floundering in chapter 11 bankruptcy and his "actions are under scrutiny across the nation" as Huber Heights attorneys pointed out.

He has some nerve touting his Knighthood when he is suing everyone on the planet to silence them. He does not support freedom of speech or value the truth. Is his happiness found in being a threatening, litigious goon? What could this joker possibly know about wealth or true success???

Soapboxmom

littleroundman

07-28-2012, 09:36 AM

The Nine Steps to Satisfaction, Success, Happiness & Wealth: You Should Take Action Today Towards a Better Quality of Life (Volume 1) (http://www.amazon.com/Steps-Satisfaction-Success-Happiness-Wealth/dp/147825727X/ref=la_B001JS1PGA_1_5?ie=UTF8&qid=1343480478&sr=1-5) by Don Allen Holbrook and SIR Don Allen Holbrook KTJ (Jul 13, 2012)

You have GOT to be joking.

The ultimate in pretentiousness.

A fake bloody knighthood.

Is there no end to this stupidity ???

pantherdadX2

07-28-2012, 07:25 PM

Can't wait for the next book, The Nine Steps to Dissatisfaction, Failure, Litigation, and Bancruptcy. I'll gladly pay $6.99 for that one, just to see who gets the blame. A #1 comedy best-seller for sure!

Soapboxmom

08-03-2012, 03:17 AM

http://sphotos-a.xx.fbcdn.net/hphotos-prn1/549145_4004093573898_796509244_n.jpg

http://profile.ak.fbcdn.net/hprofile-ak-snc4/372092_1027886709_303083944_q.jpg (http://www.facebook.com/DonAllenHolbrook)
Don Allen Holbrook (http://www.facebook.com/DonAllenHolbrook)
Subscribe (http://www.realscam.com/)Subscribed · July 30 via My Unplug (http://www.facebook.com/apps/application.php?id=390925720952670)

What is your facebook profile value...? Find out now at MyUnplug.com - What's your facebook profile value? (http://myunplug.com/a/value/)

LikeUnlike · Share (http://www.realscam.com/ajax/sharer/?s=2&appid=2305272732&p[]=1027886709&p[]=3579011)

Kathleen Neatherton Price (http://www.facebook.com/kathleen.n.price) likes this.

http://profile.ak.fbcdn.net/hprofile-ak-ash2/623984_1339551373_493321378_q.jpg (http://www.facebook.com/debbie.dufflogue) Debbie Duff-Logue (http://www.facebook.com/debbie.dufflogue) Spam?
July 30 at 10:37am · LikeUnlike
http://profile.ak.fbcdn.net/hprofile-ak-snc4/260837_100002631068743_1662863983_q.jpg (http://www.facebook.com/laurie.holbrook.7) Laurie Holbrook (http://www.facebook.com/laurie.holbrook.7) Lets cash in honey!
Wednesday at 12:52am · LikeUnlike

I guess he has nothing better to do with his time than to fantasize about what his name is worth.

Soapboxmom

08-04-2012, 03:26 PM

ELECTRONICALLY FILED
Redacted by Clerk of Court COURT OF COMMON PLEAS
Friday, August 03, 2012 2:55:58 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17404996
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
GENERAL DIVSION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
V.
DON ALLEN HOLBROOK, LLC
Defendant
Third-Party Plaintiff,
V.
HEATHER DOBROTT, et al.
Third-Party Defendants
CASE NO: 2012-CV-02947
JUDGE MICHAEL TUCKER
Third-Party Defendants Cynthia
Calvert's and Hartburg Publications,
LLC's Motion To Dismiss for Lack
of Personal Jurisdiction and Motion to
Quash Service of Process
Third-Party Defendants Cynthia Calvert and Hartburg Publications, LLC d/b/a The
Tribune respectfully request that this Court dismiss Third-Party Plaintiff Don Allen Holbrook,
LLC's claims against them for lack of personal jurisdiction under Ohio Rules of Civil Procedure
12(b)(2).' They also move to quash service of process pursuant to Civ.R. 4.3(A)(9).
Ms. Calvert is a Texas resident and has been sued in her individual capacity and as the
Editor, Publisher, and CEO of "The Triibune." Hartburg Publications, LLC is a Texas limited
liability corporation doing business as The Tribune, a local newspaper covering the northeast
suburbs of Houston, Texas.
IThis Motion is made in response to Defendant's Third-Party Complaint (filed 6.12.12), First
Amended Third-Party Complaint (filed 6.21.12), and Second Amended Third-Party Complaint
(filed 6.22.12), pursuant to Civ.R. 12(A)(2).
<<PAGE-DIVIDER>>
Neither Ms. Calvert nor The Tribune do business in Ohio. None of the allegations
against them anise out of any act or omission that was committed 'in the State of Ohio. Moreover,
even assuming-without conceding-that the allegations against them are true, a reasonable
person could not have expected that Ms. Calvert's or The Tribune's alleged acts or omissions
would cause an injury to a person in Ohio. Under the analysis adopted by the Supreme Court of
Ohio in Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St. 3d 81, 2010-Ohio-2551, 930
N.E.2d 784, neither Ms. Calvert nor The Tribune have purposefully availed themselves of the
benefits and protections of Ohio's law.
Accordingly, and as further discussed in the attached Memorandum, this Court lacks
personal jurisdiction over Ms. Calvert and The Tribune. Nor can they be properly served with
legal process. Therefore, Third-Party Plaintiff Don Allen Holbrook, LLC's claims against them
must be dismissed.
MEMORANDUM 2.
1. STATEMENT OF THE CASE.
This case onigially arose out of a contract dispute between the City of Huber Heights,
Ohio ("the City") and Don Allen Holbrook, LLC ("Holbrook"). In sum, the City claimed that it
hired Holbrook to create an economic development plan, and that Holbrook failed to comply
with the terms of their agreement. See generally PI's Complaint, Apr. 24, 2012. In response,
Holbrook counter-sued the City. See generally Def's Answer & Counterclaim, May 29, 2012.
Holbrook also filed a Third-Party Complaint against numerous individuals, newspapers, and
websites, claiming that they conspired to defame Holbrook, which allegedly caused the City to
breach the contract at issue. See generally Def s 2d Am. Third-Party Complaint, June 22, 2012.
2This Memorandum closely parallels the content of Third-Party Defendant Heather Dobrott's Motion to Dismiss.
The facts arc very similar, and the legal arguments arc functionally identical.
2
<<PAGE-DIVIDER>>
Cynthia Calvert is one of the individuals whom Holbrook has named as a third-party defendant.
Def's 2d Am. Third-Party Complaint, ~2. According to Holbrook, Calvert is the publisher of a
community newspaper that "published articles and blogs including defamatory, derogatory, and
false statements" about Holbrook. Def s 2d Am. Third-Party Complaint, T7. Holbrook further
alleges that The Tribune permitted "unknown persons" to "post and re-post comments" on its
website that "included defamatory, derogatory, and false statements." Def s 2d Am. Third-Party
Complaint, T8. Holbrook claims that the statements and publications that caused his contract
with Huber Heights to fall through were made on or before February 29, 2012. Def s 2d Am.
Third-Party Complaint, T12.
In this motion, Calvert and The Tribune contend that Holbrook's claims must be
dismissed for lack of personal jurisdiction.
11. STATEMENT OF FACTS.
Cynthia Calvert resides in Kingwood, Texas, and she is the CEO of Hartburg
Publications, LLC d/b/a The Tribune. Calvert Aff., TTI-2.
2. Calvert has never been to, does not own property in, and does not maintain bank
accounts in Ohio. Calvert Aff., TT3-5.
3. The Tribune is a small community newspaper (circulation approx. 50,000)
covering the northeast suburbs of Houston, Texas. It does not maintain a place of
business in Ohio. It does not circulate outside of Texas. It does not solicit for
advertisers or readership in Ohio. It does not regularly report on events or
persons in Ohio unless those events or persons are of national concern or of a
special concern to our Texas readers. Calvert Aff., T7.
4. The Tribune does maintain a website, Ourtribune.com (http://www.ourtribune.com). The website is
maintained and operated from The Tribune's offices in Humble, Texas. Like the
print edition, the website is directed at a readership in Texas. Calvert Aff., TT7,
10.
5. Don Allen Holbrook, LLC states that it is a limited-liability company registered 'in
Arizona that "conducts business around the United States of America and
elsewhere." Def s 2d Am. Third-Party Complaint, June 22, 2012, T 1.
3
<<PAGE-DIVIDER>>
Holbrook avers that the City breached its contract with him on February 29, 2012.
He alleges that the City breached its contract because of Calvert's and The
Tribune's actions and inactions prior to Februafy 29, 2012. Def's 2d Am. Third-
Party Complaint, June 22, 2012, ~12.
All of the statements that Calvert or The Tribune published in its print edition
regarding Don Allen Holbrook, LLC prior to February 29, 2012 are attached to
this Brief as Exhibit A. Calvert Aff., ~8.
Although Holbrook avers that The Tribune permitted "unknown persons" to "post
and re-post comments" on its website that "included defamatory, derogatory, and
false statements," The Tribune does not permit readers or any member of the
public to post comments on its website, Ourtribune.com (http://www.ourtribune.com). Calvert Aff., T12.
All of the publications on the attached Exhibit A concern Holbrook's involvement
with the East Montgomery County Improvement District, EarthQuest, and a
project in Pahrump, Nevada. Calvert Aff., TI 1.
10. None of the publications on the attached Exhibit A reference Holbrook's activities
in Ohio, the names of any residents of Ohio, or even the state of Ohio. See
Exhibit A.
11. Calvert did not receive information regarding Holbrook's relationship with the
City of Huber Heights until after February 29, 2012, and she did not know, and
had no reason to suspect, that Holbrook was engaged in any business in the State
of Ohio. Calvert Aff.,TT13-14.
12. None of the Calvert's publications about Holbrook prior to February 29, 2012
were made with the purpose of inflicting an injury in Ohio, nor did she imagine
that anyone would ever allege that these publications would have ramifications in
Ohio. Calvert Aff., T 15.
111. ARGUMENT AND AUTHORITIES
The determination of whether an Ohio court has personal jurisdiction over a nonresident
is a two-step process. Fallang v. Hickey, 40 Ohio St.3d 106, 107, 532 N.E.2d 117 (1988). First,
the court must look to the words of the state's "long-arm statute" or applicable civil rule to
detertnine whether there is jurisdiction under the facts of the particular case. Id. If it does, the
court must decide whether the assertion of jurisdiction deprives the nonresident defendant of due
<<PAGE-DIVIDER>>
process of law. Id. (citing International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154
(1945)).
A. Holbrook cannot establish personal jurisdiction over Calvert or The Tribune
under the plain language of Ohio's Long Arm Statute and Rules for Service of
Process.
Ohio's long-arm statute, R.C. 2307.382, enumerates specific acts that give rise to personal
jurisdiction. The statute provides in pertinent part:
(A) A court may exercise personal jurisdiction over a person who acts directly or
by an agent, as to a cause of action arising from the person's:
(6) Causig tortious injury in this state to any person by an act outside this state
committed with the purpose of injuring persons, when he might reasonably have
expected that some person would be injured thereby in this state.
R.C. 2307.382(A)(6).
Similarly, Civ.R. 4.3 allows service of process on nonresidents in certain circumstances
mirroring the long-arm statute:
(A) Service of process may be made outside of this state, as provided in this rule,
in any action in this state, upon a person who, at the time of service of process, is
a nonresident of this state or is a resident of this state who is absent from this
state. 'Person' includes an individual * * * who, acting directly or by an agent,
has caused an event to occur out of which the claim that is the subject of the
complaint arose, from the person's:
(9) Causing tortious injury in this state to any person by an act outside this state
committed with the purpose of injuring persons, when the person to be served
might reasonably have expected that some person would be injured by the act in
this state.
Thus, reading these provisions together, Holbrook cannot satisfy the requirements of R.C.
2307.382(A)(6) or Civ.R. 4.3(A)(9) unless he can demonstrate that: (1) Calvert or The Tribune
published defamatory statements outside of Ohio; (2) with the purpose of causing injury to an
Ohio resident; and (3) Calvert or The Tribune had a reasonable expectation that they Miflicted an
5
<<PAGE-DIVIDER>>
injury that would occur in Ohio. See Kauffman Racing Equip., L.L. C. v. Roberts, 126 Ohio St. 3d
81, 87, 930N.E.2d 784,792, 2010-Ohio-2551; Clark v. Connor (1998),82 Ohio St.3d 309,313,
695 N.E.2d 75 1. Holbrook cannot prove the latter two elements.
All of the alleged pre-February 29, 2012 defamatory statements3 were published from
Calvert's and The Tribune's place of business in Humble, Texas. Def's 2d Am. Third-Party
Complaint, p. 2-3 ~ 1; Calvert Aff., TIO. All these alleged defamatory statements involved
Holbrook's activities in Nevada and Texas. Calvert Aff., Tll, Exhibit A. None of these
statements make any reference to any Ohio resident, project, contract, or other business
arrangement. See Exhibit A. Neither Calvert nor The Tribune is a resident of Ohio or maintains
a presence Ohio. Calvert Aff., TTI-7. Neither Calvert's nor The Tribune's statements were made
with the purpose of inflicting an injury in Ohio, nor could she have "reasonably suspected" that
her statements would have an allegedly tortious impact in Ohio. Calvert Aff., TT 14-15.
Accordingly, Holbrook cannot meet the requirements of the Ohio long-arrn statute to
establish personal jurisdiction over Calvert or The Tribune. Nor can service of process be legally
made on Ms. Calvert under Civ.R. 4.3.
B. Holbrook cannot establish personal jurisdiction over Calvert under the due
process standards mandated by the United States Constitution.
"Ohio's long-arm statute is not coterminous with due process." Kauffman Racing Equip.,
L.L.C. v. Roberts, 126 Ohio St. 3d 81, 2010-Ohio-2551, 930 N.E.2d 784, T45 (citing Goldstein v.
Christiansen, 70 Ohio St.3d 232, 237, 638 N.E.2d 541 (1994)). Therefore, even if Ohio's long-
arm statute confers personal jurisdiction over Calvert or The Tribune (which it does not), an
3 Holbrook avers that it was solely Calvert's pre-February 29, 2012 statements that caused the City to breach its
contract with him. Any alleged statements after that date cannot be considered for jurisdictional purposes. See 16
JAMES WILLIAM MOORE, MOORE'S FEDERAL PRACTICE 108.42[2][a], at 108-55 tolO8-56 (3d ed. 2010)
("The proper focus in the specific jurisdiction analysis is on those contacts leading up to and surrounding the accrual
of the cause of action. Later events arc not considered.").
6
<<PAGE-DIVIDER>>
Ohio court cannot exercise personal jurisdiction over either if doing so would violate their
constitutional night to due process. Due process is only satisfied if Calvert or The Tribune has
11 minimum contacts" with Ohio such that the maintenance of the suit does not offend "traditional
notions of fair play and substantial justice." Kauffman, at ~45 (citing International Shoe Co. v.
Washington, 326 U.S. 310, 316, 66 S.Ct. 154 (1945)). To establish such minimum contacts, a
Holbrook must show that Calvert or The Tribune, two nonresident third-party defendants,
11 purposefully [availed themselves] of the privilege of conducting activities within [Ohio]." Id.
(citing Hanson, 357 U.S. 235, 253, 78 S.Ct. 1228). The undisputed evidence plainly reflects that
Holbrook cannot meet this standard.
When considering a jurisdictional challenge, this Court must first determine whether
Holbrook is attempting to exercise "general" or "specific" Jurisdiction over Ms. Calvert or The
Tribune. Id. at ~46 (citing Conti v. Pneumatic Prods. Corp., 977 F.2d 978, 981 (6th Cir. 1992)).
"General jurisdiction is proper only where a defendant's contacts with the forum state are of such
a continuous and systematic nature that the state may exercise personal jurisdiction over the
defendant even if the action is unrelated to the defendant's contacts with the state." Id. (quoting
Bird v. Parsons, 289 F.3d 865, 873 (6th Cir. 2002)). Alternatively, specific jurisdiction applies
when the suit arises out of or related to a defendant's contacts with the forum state. Helicopteros
Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868 (1984). At the outset,
it is important to note that Holbrook's third-party complaint does not contami any allegations to
suggest that Calvert or The Tribune have "continuous and systematic contacts" with Ohio.
Moreover, the undisputed facts recited above plainly establish that Calvert is a Texas resident
with no connections to the State of Ohio and that The Tribune is a Texas limited liability
company that conducts no business 'in Ohio. Calvert Aff. ~Tl-7. Accordingly, 'in order to
7
<<PAGE-DIVIDER>>
exercise jurisdiction over Calvert or The Tribune, Holbrook's allegations must satisfy the
requirements for specific Jurisdiction.
In Kauffman Racing Equip., L.L.C. v. Roberts, the Ohio Supreme Court adopted a three-
part test to determine if exercise of specific jurisdiction is appropriate in a given case. Kauffman,
126 Ohio St. 3d 81, 2010-Ohio-2551, 930 N.E.2d 784, ~48 (adopting the Sixth Circuit's analysis
in Southern Mach. Co. v. Mohasco Indus., Inc., 401 F.2d 374 (6th Cir. 1968) and Bird v.
Parsons, 289 F.3d 865 (6th Cir. 2002)). Specifically, 'in order to find jurisdiction that comports
with due process this Court must determine if-
I . Calvert or The Tribune purposefully availed themselves of the privilege of acting
in Ohio or causing a consequence in Ohio;
2. The cause of action arose from Calvert's or The Tribune's activities in Ohio; and
3. The acts of Calvert or The Tribune or consequences caused by them had a
substantial connection Ohio to make the exercise of jurisdiction over them
reasonable.
Kaufffinan, at ~49.
1 . Neither Calvert nor The Tribune "pMosefully availed" themself of the
benefits and protections of Ohio law.
Regarding the first factor, "purposeful availment" is present when the defendant's
contacts with the forum state "proximately result from actions by the defendant [herself] that
create a 'substantial connection' with the forum State." Kauffman, at T49-51. The defendant's
conduct and connection with the forum must be such that she "should reasonably anticipate
being hated into court there." Id. (internal citations omitted). This requirement ensures that a
defendant will not be haled into a jurisdiction solely as a result of "random," "fortuitous," or
"attenuated contacts," or of the "unilateral activity of another party or third person." Id. (citing
Keeton v. Hustler Mag., Inc., 465 U.S. 770, 774, 104 S.Ct. 1473(1983) and Helicopteros, 466
U.S. at 417).
8
<<PAGE-DIVIDER>>
This is a defamation case, and Ohio courts have been especially reluctant to find personal
jurisdiction in cases involving statements made by non-Ohio residents about subjects and matters
that they could not reasonably expect to have an effect in Ohio.
In Reynolds v. Internad. Amateur Ath. Fedn., 23 F.3d 1110 (6th Cir. 1994), the Sixth
Circuit considered the case of an Ohio athlete, who brought a defamation claim against non-Ohio
residents who reported that that he tested positive for banned substances following an
international competition in Monaco. The Sixth Circuit held that Ohio courts could not exercise
personal jurisdiction on the grounds that: (1) the statements concerned activities in Monaco, not
Ohio; (2) the athlete was an international competitor whose professional reputation is not
centered in Ohio; (3) the statement was not published or circulated specifically for consumption
in Ohio; (4) Ohio was not the 'focal point' of the press release, and the fact that it might have
been foreseen that the report would be circulated and have an effect in Ohio was not, in itself,
enough to create personal jurisdiction; (5) although the athlete lost Ohio corporate-endorsement
contracts and appearance fees in Ohio, there was no evidence that the defendant knew of the
contracts or of their Ohio origin. Reynolds v. Internatt. Amateur Ath. Fedn., 23 F.3d 1110, 1116-
20 (6th Cir. 1994).
All of the above factors that the Sixth Circuit noted to find against jurisdiction are present
in this case: (1) Calvert's and The Tribune's statements concerned Holbrook's activities in
Nevada and Texas; (2) Holbrook states it "conducts business around the United States of
America and elsewhere"; (3) nether Calvert nor The Tribune made statements specifically for
consumption in Ohio; (4) Ohio was not the 'focal point' of the statements and had neither
Calvert nor The Tribune had reason to think that it would be circulated or have an effect in Ohio;
9
<<PAGE-DIVIDER>>
(5) although Holbrook allegedly lost a contract in Ohio, neither Calvert nor The Tribune
published anything about said contract until after it was allegedly breached.
The Sixth Circuit has also extended Reynolds to internet communications. In Cadle Co.
v. Schlichtmann, a Massachusetts resident created a website to expose what he believed to be the
unlawful activities of an Ohio based-debt collector who was operating in Massachusetts. Cadle
Co. v. Schlichtmann, 6th Cir. No. 04-3145, 123 Fed. Appx. 675 (Feb. 8, 2005). The Sixth Circuit
held that Ohio courts had no Jurisdiction over the Massachusetts defendant. Id. As in Reynolds,
no personal jurisdiction existed because the alleged defamatory statements were not topical to
any activities in Ohio. Id. at 680. Importantly, the Sixth Circuit held that the fact that the
statements were published on the intemet-which is obviously accessible in Ohio-did not mean
that jurisdiction was automatically appropriate. Id. at 679 ("The law does not require that people
avoid using the internet altogether in order to avoid availing themselves of the laws of every
state. ")(citing Revell v. Lidov, 317 F.3d 467, 473 (5th Cir. 2002)).
Similarly, in Oasis Corp. v. Judd, Oklahoma residents made a website to complain about
the products of an Ohio corporation. Oasis Corp. v. Judd, 132 F.Supp.2d 612, 614 (S.D. Ohio
2001). The Oklahoma residents had not purchased any items from the Ohio corporation, but
were upset that a product made by the company had caused a fire in a building the defendants
were renting. Id. The Oasis court held that personal jurisdiction was inappropriate because: (1)
the subject of the defamatory statement was topical to Oklahoma, not Ohio; (2) the plaintiff was
an international company whose reputation is not centered in Ohio; (3) the website did not
specifically target an Ohio audience; and (4) there was no evidence to suggest that the website
was viewed by anyone in Ohio other than the plaintiff. Id. at 621. Importantly, the court
concluded, "[flhe fact that [Defendants] could foresee that [their proclamations would be
10
<<PAGE-DIVIDER>>
viewed] and have an effect in Ohio is not, in itself, enough to create personal jurisdiction." Id. at
624 (quoting Reynolds, at 1120).
The same result should follow here. All of Calvert's and The Tribune's statements
regarding Holbrook concerned its activities in Nevada and Texas, not in Ohio. The statements
were published from an office in Texas to a website that is based in Texas. Neither the State of
Ohio, nor its residents, nor any transactions that took place in Ohio were even mentioned prior to
February 29, 2012. Finally, Holbrook cannot offer any evidence to suggest that Calvert or any
other agent of The Tribune knew of Holbrook's contracts with the City of Huber Heights at the
time the alleged injuries occurred. Therefore, neither Calvert nor The Tribune could have
reasonably anticipated that they would be haled into court in Ohio.
2. Holbrook's claims do not arise from Calvert's or The Tribune's contacts
with Ohio.
The second prong of the Supreme Court's test involves an analysis of whether the
plaintiff's claims arise from those contacts. "If a defendant's contacts with the forum state are
related to the operative facts of the controversy, then an action will be deemed to have arisen
from those contacts." CompuServe, Inc. v. Patterson, 89 F.3d 1257, 1267 (6th Cir. 1996). This
"does not require that the cause of action formally 'arise from' defendant's contacts with the
forum; rather, this criterion requires only 'that the cause of action, of whatever type, have a
substantial connection with the defendant's in-state activities."' Third Nat'l Bank v. Wedge
Group, 882 F.2d 1087, 1091 (6th Cir. 1989)(quoting S. Machine Co., 401 F.2d at 384). As
discussed above, Calvert's and The Tribune's publications have no relationship to the operative
facts of the contract dispute between Holbrook and the City.
I I

Soapboxmom

08-04-2012, 03:27 PM

3. Ohio has no interest in the dispute between Holbrook and Calvert and The
Tribune.
Under the third and final prong, the acts of the nonresident defendant or consequences
caused by the defendant must have a substantial connection with the forum state to make
exercise of jurisdiction over the defendant reasonable. Kauffinan, 2010-Ohio-2551 at ~71-72. To
make such a determination, a court first must consider Ohio's interest in the controversy and the
reasonableness of resolving the matter in Ohio. In-Flight Devices Corp. v. Van Dusen Air, Inc.,
466 F.2d 220, 232 (6th Cir. 1972).
As discussed above, Calvert's and The Tribune's allegedly tortious acts or omissions
have no connection to Ohio; they are solely related to Holbrook's activities in Texas and Nevada.
Accordingly, even assuming-without conceding-that Calvert's publications about Holbrook's
activities in Texas and Nevada were defamatory (which they plaffily are not), such matters would
be properly litigated in Texas or Nevada-not Ohio, which has no interest in such a controversy.
Moreover, given that neither Calvert nor The Tribune have any connection-physical, personal,
financial, or otherwise-to the State of Ohio, it would be entirely unreasonable and offensive to
notions of fair play and justice to subject her to the jurisdiction of Ohio's courts.
IV. CONCLUSION.
This Court should dismiss Holbrook's claims against Calvert and The Tribune for lack of
personal jurisdiction. Ohio's Long Arm Statute and Civil Rules do not allow for jurisdiction
over Ms. Calvert or The Tribune or for legal service of process upon them. Moreover,
Holbrook's attempt to assert jurisdiction over Ms. Calvert and The Tribune offends the Due
Process Clause of the United States Constitution. Third-Party Defendants Cynthia Calvert and
Hartburg Publications, LLC d/b/a The Tribune respectfully request that all claims against them
be dismissed pursuant to Civ.R. 12(b)(2).
12
<<PAGE-DIVIDER>>
Respectfully Submitted,
/s/ Adam R. Webber
ADAM R. WEBBER, Esq.
Bar No. 0080900
FALKE & DUNPHY, LLC
30 Wyoming Street
Dayton, Ohio 45409
Phone: 937.222.3000
Fax: 937.222.1414
Email: webbergohiolawyers.ce
KEVIN W. KITA, Esq.
Bar No. 0088029
SUTTER O'CONNELL
3600 Erieview Tower
1301 East Ninth Street
Cleveland, Ohio 44114
Phone: (216) 928-2200
Fax: (216) 928-4400
Email: kkitagsutter-law.com
MATTHEW J. KITA, Esq.
Admitted Pro Hac Vice
Ohio Bar No. PHV - 2978-2012
Texas Bar No. 2405o883
P.O. Box 5119
Dallas, Texas 75208
Phone: (214) 699-1863
Fax: (214) 347-7221
Email: mattgmattkita.com
Attorneysjor Third-Party Defendants
HeatherDobrott, Cynthia Calvert, and
Hartburg Publications, LLC
13
<<PAGE-DIVIDER>>
CERTIFICATE OF SERVICE
A copy of the forgoing was served upon the following via this Court's electronic filing
system.
L. Michael Bly
Joshua M. Kin
Pickrel Schaeffer & Ebeling Co.
2700 Kettering Tower
Dayton, Ohio 45423
937-223-1130
Fax: 937-223-0339
mblygpselaw.c
jkingpselaw.com
Attorney for City of Huber Heights Ohio
Andrew J. Reitz
Robert P. Bartlett, Jr.
Faruki Ireland & Cox P.L.L.
500 Courthouse Plaza, S.W.
10 North Ludlow Street
Dayton, Ohio 45402
937-227-3707
Fax: 937-227-3717
rbartlettgficlaw.com
Attorneys for Craig Maliso
Houston Press
Sue Seeberger
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440
937-291-8646
Fax: 937-291-8650
sueseebergergbiegeltye.com
Attorney for Don Allen Holbrook, LLC
Dba Houston Press, LP
Dba Village Voice Media Holdings, LLC
Dba Backpage.com, LLC
Pahrump Valley Times
Dba Stephens Media Group
Dba Stephens Media, LLC
A copy of the foregoing has been sent by regular U.S. mail on this 3rd day of August,
2012, to the following:
Frank Maurizio
581 China Street
Pahrump, Nevada 89048
/s/ Adam R. Webber
Adam R. Webber (0080900)
14
<<PAGE-DIVIDER>>
IN THE MONTGOMERY COUNTY COURT OF COMM6N PLEAS
GENERAL DIVISION
CITY OF HUBER HEIGHTS
Plaintiff,
V.
DON ALLEN HOLBROOK, LLC
CASE NO. 2012 CV 02947
JUDGE MICHAE L TUCKER
Defendant/Third Party Plaintiff,
V. AFFIDAVIT OF CYNTHIA
CALVERT
HEATHER DOBROTT, et al.
Third Party Defendants.
<<PAGE-DIVIDER>>
STATE OF TEXAS
SS-
COUNTY OF HARRIS
Now comes Cynthia Calvert, and being first duly cautioned and sworn deposes and says
that: I
1. 1 am an adult, competent individual, and I reside, in Kingwood, Texas,
2. 1 am a member of Hartburg Publications, LLC, a Texas limited liability corporation
"/a:'The Tribune. At all times relevant, I served as its Chief Executive Officer.
3. 1 have never been to Ohio, The Tribune does not operate in, circulate in, or market to
Ohio readers.
4. 1 do not own property in Ohio. The Tribune does not own property in Ohio.
5. 1 do not maintain bank accounts in Ohio. The Tribune does not maintain bank
accounts in Ohio.
6. 1 do not maintain a place of business in Ohio.
7. The Tribune is a small community newspaper (circulation approx. 50,000) covering
the northeast suburbs of Houston, Texas. It does not circulate outside of Texas. The
Tribune maintains no physical place of business in Ohio. It does not solicit for
advertisers or readership in Ohio, It does not regularly report on events or persons in
Ohio unless those events or persons are of national concern or of a special concern to
our Texas readers.
2
<<PAGE-DIVIDER>>
8. All of the articles that The Tribune published on the internet regarding Don Allen
Holbrook, LLC prior to February 29, 2012 are attached hereto as Exhibit A.
9. The statements on the attached Exhibit A were published in print for circulation in the
Northeast suburbs of Houston, Texas on our newspaper's website,
wwwourtribune.com.
10, The published statements on the attached Exhibit A were published from the
Tribune's office in Humble, Texas, and the website is maintained in Humble, Texas.
11. All of the publications on the attached Exhibit A concern Holbrook's involvement
with a project in a small municipality in Texas and a similar project in Pahrump,
Nevada.
12, Although Holbrook avers that The Tribune permitted "unknown persons" to "post and
re-post comments" on its website that "included defamatory, derogatory, and false
statements," The Tribune does not permit readers or any member of the public to post
comments on its website, wwwourtrib-one.com.
13. 1 did not receive information regarding Holbrook's relationship with the City of
Huber Heights until after February 29, 2012.
14. 1 did not know, and had no reason to suspect, that Holbrook was engaged in any
business in the State of Ohio.
is, None of the publications about Holbrook prior to February 29, 2012 were made with
the purpose of inflicting an injury in Ohio, nor did I ever imagine t1lat anyone would
ever allege that these publications would have ramifications in Ohio.
FURTHER AFFIANT SAYETH NAUGHT.
Cynthia Calvert, Affiant
<<PAGE-DIVIDER>>
Swom to before me and subscribed in my presence by the said Cynthia Calvert this
day of August, 2012.
STEPHANIE TODD
Notary Niblic, State of Texas
my commisoon Expites
March 14, 2016
Notary Public

Soapboxmom

08-04-2012, 03:35 PM

EarthQuest land in bankruptcy
Tuesday, January 10, 2012
Cynthia Calvert
Whitestone Houston Land Ltd. ("Whitestone"), an entity that owns approximately 1,564 acres
near New Caney, a portion of which includes the planned EarthQuest theme park and museum,
has filed for bankruptcy.
The EarthQuest theme park and museum has been promoted for years as a soon-to-come
entertainment center with retail shopping, a water park, hotels, an eco-tourism area, and a
residential development, along with a dinosaur area. The project grew from $50 to $500 million+
with numerous delays in breaking ground. To date, no construction has occurred.
According to trollerbk.com, Whitestone filed a Chapter 11 petition (re- organization) for
bankruptcy protection more than five months ago on August 1, 2011. The filing was made at the
United States Bankruptcy Court, Eastern District of Texas (Sherman). The bankruptcy petition
number is 11 - 42400.
According to Schedule B of the petition, Whitestone has $0.00 in its business checking account.
Schedule D shows a total indebtedness to secured creditors of $20,167,465.94.
Schedule F of the petition indicates that Whitestone owes another $808,179.28 to various
unsecured creditors. Notably, those unpaid amounts include $123,845.13 to local taxing agencies
for unpaid property taxes for the 2008 to 2010 tax years. The status of payment for the property
taxes due January 31, 2012, for the 2011 tax year is unknown.
Also included in Schedule F is an unsecured $225,000 note payable to the East Montgomery
County Improvement District ("EMCID"). However, more significant amounts have been funded
by EMCID to Whitestone in the form of expense reimbursements.
Whitestone is a limited partnership whose general partner is Whitestone Houston Holdings LLC.
The manager of the general partner is John D. Marlin. Marlin is also manager of EQ Ventures
GP LLC, the general partner of Global Earthquest Ventures LP ("Global"). Global is one of the
parties to the contracts executed with EMCID.
According to EarthQuest Institute (http://www.earthquestinstitute.org), Marlin is also a director of the EarthQuest Institute
("Institute"), a nonprofit organization established to apparently manage the EarthQuest Museum
and Institute. Marlin is shown on their website as a director of the Institute. The Institute is
another of the parties to the contracts executed with EMCID.
According to Eco-Resort, Hotel, Conference Center and Theme Park | Earth Quest Resort (http://www.earthquestadventures.com), Marlin's real estate and development company,
Marlin-Atlantis, of which he is the chief executive officer, is the general partner and developer of
the planned project through an entity called EarthQuest Resort. This company does not appear to
be a party to the contracts executed with EMCID. Marlin-Atlantis is based in Dallas.
<<PAGE-DIVIDER>>
Marlin did not respond to a request for comment.
Frank McCrady, President and CEO of EMCID, stands behind the development. "We have a
new developer who is working with the bank to take over the property and the project.
"It is not a matter of if, but when [it will be built]," he said.
According to a w6site at www.landadvisors.com/whitcstone, Wbitestonc originally acquired the
New Caney land for a residential development to be called Whitestone. As described in a special
warranty deed dated June 14, 2004, the same being recorded in the public records of
Montgomery County under Clerk's File Number 2004-06651 and film code number
~, the property was purchased from HS Tej as Ltd. The purchase price of the land, as stated in
the first paragraph of the deed, was in the amount of $4,150,000 plus "$ 10 and other good and
valuable consideration."
Over time, the idea of a dinosaur-themcd park and resort was developed through the principals
and affiliates of Whitestone. This new concept was then planned on about 500 acres of the land
that was originally intended for residential development. Due to the projected economic impact
on the surrounding region, discussions were initiated with EMCID.
Those discussions ultimately resulted in a series of complex agreements between Global,
EMCID and the Earthquest Institute. Briefly stated, for the perceived future benefits of having a
major theme park and other related developments, EMCID agreed to sell millions of dollars in
bonds in order to provide funds to Whitestone for "pre-development" and "pre- construction"
expenses.
Pursuant to a Houston Chronicle-This Week article dated August 26, 2009, the aggregate funds
[then] paid by EMCID to Whitestone for the foregoing expenses totaled $7,800,000. The same
article referenced a second request by Marlin for EMCID to provide another $2,800,000 to
Global to pay for a "site locater fee," the recipient of which was unnamed in the article.
McCrady said that EMCID subsequently did not advance the additional funds to pay the site
locater fee.
"We do not want people alarmed and think that the project will not be built. We have Contour
Entertainment from Los Angeles. They are going to take over," he said.
McCrady said he was aware Whitestone had filed for bankruptcy some months ago.
"They have a restructuring plan - a hearing on this will be held Jan. 23 in Dallas," he said.
The property is currently in bankruptcy but McCrady says Contour is currently working with the
bank and hopes to purchase the property eventually.
"Contour is an entertainment company with experience developing theme parks all over the
world. Our board thinks that is very good," McCrady said. Contour, McCrady said, was a
<<PAGE-DIVIDER>>
subcontractor of Whitestone's and performed all the design work on the EarthQuest project, he
said. "Chris Brown, CEO of Contour, has been prepared to step in from the inception," McCrady
said. Owning the site would be a first for the Los Angeles-based design firm.
According to Contour Entertainment's website, Contour Entertainment (http://www.contourentertainment.com),
the company performs many functions related to theme park management but they do not own
theme parks. Contour's website states that they perforrn concept development and show design,
project management, operational planning, market research and architectural design. EarthQuest
is already listed as one of the six projects Contour is working on.
The site states that, "Contour Entertainment is the Resort Masterplanner and lead designer for all
aspects of this $530 million, 500-acre (Phase 1) entertainment resort as well as providing the
initial design for the conceptual direction and facility design for the $20 million, 40,000-sqare
foot, not-for-profit EarthQuest Institute."
It appears that the general plan of repayment to EMCID was to receive about one-half of the
proceeds at the beginning of construction of the theme park, with the second half being repaid
after construction of the park was completed. However, there have been numerous changes and
amendments to the original contracts and the current status of the repayment terms is uncertain.
The filing of the bankruptcy petition has created concerns about any projected construction date
and whether or not the bankruptcy filing has jeopardized the repayment of the monies funded by
EMCID to Global.
"Whitestone was just a landholding company," McCrady said. "The bond paid for
predevelopment expenses, engineers, drainage, things like that all related to EarthQuest."
McCrady said that repayments are certain, based on future sales tax recapture as well as future
taxes attached to the development zone and future hotel taxes.
"We would not have issued bonds if there was any chance of the funds not being recovered," he
said.
The contracts further provide that, should the project not be constructed, then EMCID would
have the right to purchase certain properties owned by the Institute. That purchase option is for
the 50 acres upon which the Dino Institute and Museum would be built. The option price for that
tract is $1,250,000. This amount would be in addition to the original $7,800,000 already known
to be approved by the bond to Global.
McCrady said that EMCID and the bond has put up about $9 million. He said "you can add
another million to the bond money" for expenses to date.
Marlin Atlantis also received approval from taxing authorities for property tax abatements to
enhance the profitability of the project via Montgomery County Commissioners Court and from
the passage of House Bill 4015. At the same time, the contracts between Global and EMCID
would have set in motion a set of new taxes and user fees in connection with the development
<<PAGE-DIVIDER>>
and operation of the theme park and museum, including Improvement Zone sales taxes and hotel
occupancy taxes, along with event admission taxes and parking fees and taxes.
In fact, McCrady said,"Without a doubt, this will happen. If Contour fails, others are willing to
step up. We are not putting all our faith in one developer. That is not the way we do business.
We have backup plans A, B, C and D."
"From our perspective, the board thinks the future sales tax will pay back the money. The
property is well suited to retail development.
"Contour is hoping to pick up the project after the bankruptcy is complete," McCrady said.
"Houston is poised for theme park projects. We have three different economic reports that say
that. I I
List of creditors and amounts owed listed in the bankruptcy filing:
Creditors holding secured claims, according to Schedule D:
J.R. Moore, Jr. Tax Assessor, $15,970.81; County of Montgomery Tax Office, $61,943.94;
Hillcrest Bank, $20,043,611.21; J. R. Moore, Jr. Tax Assessor, $45,939.98.
Creditors Holding Unsecured Claims, according to Schedule F:
Anco-McDonald Waterworks, $5,385; Bracewell & Guiliani LLP, $952.50; Cindy A Schmidt,
$2,521.57; Coasts, Rose, Yale Ryman & Lee, $3858.83; East Montgomery County Improvement
District, $225,000; Hayne and Associates PC, $155; Hesse & Hesse LLP, $225; Ryan &
Company PC, $1025; Sammons Realty Corp., $275,683.88; Texas Commission-Environmental
Quality, $2,565.38; Thompson & Knight LLP, $11,978.74, and WMA Whitestone Land LP,
$278,828.38.
EMCID may lose millions unless dino-project built.

Soapboxmom

08-04-2012, 03:44 PM

Tuesday, January 24, 2012
Cynthia Calvert
Marlin-Atlantis ousted as developer of EarthQuest
Marlin-Atlantis, the Dallas-based real estate developer of Whitestone and the related EarthQuest
theme park, is no longer associated with the project.
Frank McCrady, president and CEO of the East Montgomery County Improvement District,
("EMCID"), said Marlin-Atlantis is not associated with the dinosaur theme park any longer and,
<<PAGE-DIVIDER>>
in fact, said that Marlin-Atlantis has no legal liability to repay the millions of dollars EMCID has
given them until and unless the park project is opened.
The Marlin-Atlantis company which purchased the land several years ago, Whitestone Houston
Land Ltd., filed for bankruptcy last summer.
McCrady said that a new developer, Contour Entertainment of Los Angeles, has assumed the
financial responsibilities for the bankrupt project.
"Marlin-Atlantis is no longer capable of delivering the theme park project. They have an
obligation for repayment once the project occurs. That obligation has been assumed by our
existing developer, Contour Entertainment. Our approach has been for the bond repayment to be
project specific and not developer specific. Developers come and go, however the project
remains viable and is moving forward as we speak."
Chris Brown, president of Contour Entertainment offered a somewhat different answer as to his
firm's involvement.
"That is not how I would characterize it," Brown said. "Actually, we have an agreement in place
with an option on the intellectual property licensing agreements with EMCID. We are working to
raise the money, $500 million. That is a lot of money. However, we have not raised it yet. That is
something we are working on."
Brown said Contour was not looking to EMCID for money. "We have not received any funds
from EMCID. They have already written a lot of checks [to the previous developers]." Brown
said Contour expected to get financial assistance from EMCID once the park is built.
"EMCID has a partnership role with us and through their backing and support, we have achieved
legislative changes that will support the project once it is built, once it is operating. But not in the
current development phase. Raising this kind of money in this economy is entirely different for
us and a big challenge."
Brown said the impending bankruptcy and possible foreclosure on the original property was not
a concern to Contour as they had built land costs into their business plan. If the original site
becomes unavailable, Contour has chosen several other nearby alternative sites.
"We are interested in that property, but we have also looked at other sites. Our preference is that
particular piece of land but it doesn't have to be. The project is not dependent exclusively on
that," Brown said.
McCrady remains emphatic that the project will be built and that EMCID will recoup the $9-$13
million already invested with the previous developer. The project must be built for EMCID to
recapture the money, unless another form of retail development occurs.
"Our incentives are what makes the project viable. Any developer wanting access to these
incentives would have to come to EMCID and negotiate to receive these and in that negotiation,
<<PAGE-DIVIDER>>
we would require them to repay the outstanding bonds in order to receive our incentives,"
McCrady said.
Notwithstanding McCrady's confidence, the threat of the park not getting built was voiced
almost two-and-one-half years ago by John Howell, bond counsel to EMCID. In a board meeting
on August 24, 2009, Howell expressed his concern to the EMCID board about the possibility of
the theme park not being constructed. Howell advised the board that they should make efforts "to
protect the [Improvement] District in the event no park is developed."
He advised the EMCID board that the [Improvement] District "should request an interest in the
land with a preferred return on land sales." McCrady answered that the developer (Martin-
Atlantis) would not agree to that option. The board then directed McCrady to discuss other
possible options with the developer to protect the interests of the Improvement Zone in the event
no park is ever built. What, if any, actions were taken by McCrady to protect the interests of the
Improvement Zone are not mentioned in the board minutes.
As if the possibility of the park not getting built isn't serious enough by itself, the bank holding
the lien on the property has filed a motion with the bankruptcy court to allow it to foreclose its
lien.
On January 16, 2012, according to Research Bankruptcy Records Online | TrollerBk.com (http://www.trollerbk.com), Bank Midwest, N.A., successor in
interest to Hillcrest Bank, N.A. (Whitestone's tender), filed a motion of objection with the
bankruptcy court 'in response to Whitestone's plan of reorganization. The objection motion is
quite lengthy and can be read in its entirety at the end of this article.
The purpose of the motion is for Whitestone's lender to be granted permission by the bankruptcy
court to proceed with a foreclosure on all of the properties that Whitestone owns, including the
Dino-Park land.
This motion paints a far different picture of the status of the EarthQuest project than what has
been commonly portrayed by various interested parties and some publications. Excerpts from the
lender's motion include the following quotations which are in response to Whitestone's plan of
reorganization (the "Plan"):
"On or about July 31, 2007, Hillcrest Bank, N.A., loaned Whitestone up to $19.6 million for the
acquisition of real property in New Caney, Texas. The initial maturity date of the note was
January 1, 2009 ... but was extended to November 1, 2010 ... at which time Whitestone
defaulted in its obligations ... and was subsequently declared in default on November 19, 2010.
. . The indebtedness remains unpaid ... in the [current] amount of $21,377,520.24."
"The Plan 'envisions a new third-party debt facility' and [that] the Plan will be implemented
through 'the revenue from Whitestone's future business operations and an equity investment put
in by the 'New Capital Partner.' The alleged New Capital Partner is not identified, disclosed or
supported. Whitestone's future business operations and 'development' are not explained or
supported. In addition, there is no support for the Plan's feasibility because ... the Plan is not
feasible.
<<PAGE-DIVIDER>>
"Whitestone has no equity in the property ... Whitestone has no history ... [and] is a start-up
venture ... Considering Whitestone's prior inadequate performance in regards to developing the
property ... the current state of the new home market ... and the speculative nature of an
amusement park ... the Plan is not feasible."
The objection motion goes on to state that, although Whitestone contends that the property is
worth $27.4 million, the lender has certified appraisals stating that the property's current value is
only $9.88 million.
The bankruptcy court has not yet ruled on the lender's motion of objection. If the court does rule
in Hillcrest's favor, then it is expected the lender will foreclose its lien on the property, take
ownership of the land and subsequently place the land on the market for re-sale. The act of
foreclosure will terminate the interests of all prior owner(s) and any other interested parties.
If the property is foreclosed, the feasibility of the EarthQuest project going forward is, at best,
questionable. More importantly, once the foreclosure occurs, it is doubtful Whitestone's lender
will have an interest in reinvesting in another speculative venture. The most likely scenario is
that the lender's focus will be to sell the property in order to recover its loan proceeds.
Although many have been surprised at the seemingly current problems of the EarthQuest project,
it appears the EMCID board has been in damage control mode for almost a year. Based on
comments recorded in the EMCID board minutes, warning signs about the project apparently
surfaced as early as mid-2009.
Examples of these concerns, listed by board meeting dates, are as follows:
August 24, 2009
The first of two major restructures of the contractual arrangement between the developer
(Marlin-Atlantis) and EMCID is proposed. The developer requested: (i) forgiveness of its
obligation to repay several million dollars of bond proceeds previously given to the developer by
EMCID; (ii) forgiveness of its obligation to repay $1.5 million in bond proceeds utilized for the
benefit of ESD # 7; (iii) a request for EMCID, rather than the developer, to pay a 'site locater'
fee of @ $3 million; along with other concessions.
According to the minutes, the EMCID counter-proposed that a $1 parking tax would be levied on
all future park visitors to: (i) repay the millions of dollars of bond indebtedness owed by the
developer (as requested); (ii) utilize the same parking levy to payoff the $1.5 million bond
indebtedness related to ESD #7 (as requested) (iii) ask the developer to donate to EMCID the
planned site of the future EarthQuest Institute; and other considerations.
The Tribune does not have a copy of the final restructured agreement therefore, the final terms
are unknown. Furthermore, what, if any, additional assurances McCrady was able to achieve
with the developer is unknown.
November 9, 20 10
<<PAGE-DIVIDER>>
The EMCID board learns that the project is not going to happen as planned. A second major
restructure of the project is proposed. John Marlin, president of Marlin-Atlantis, informed the
EMCID board that a $500 million "greenfield" project like EarthQuest was not feasible in the
current market. Consequently, the project would have to be "phased" to reduce development and
construction costs. The phasing of the project proposed that the theme park would be constructed
first, followed by subsequent phases for related amenities.
February 1, 2011
In the meeting, McCrady states that the [Improvement] District is "a little behind on revenue
projects . . ." The board then discussed areas where the budget could be reduced if the revenues
did not match the budget. Director Linda Floyd "recommended that the travel by the EarthQuest
consultants "be restricted or elimmiated."
There is no mention of why Floyd was so concerned about the traveling expenses of the
EarthQuest consultants. But from financial records obtained by The Tribune it is obvious that
EMCID has paid for extensive travel and other accommodations for the EarthQuest consultants.
March 10, 2011
EMCID director Floyd again appears concerned about money. She questioned a wire transfer of
funds to EarthQuest Institute. Floyd is on the record as saying, "It was her understanding that
such funding had ended." She further asked the board "to recall the EarthQuest Institute wire."
The amount of this wire transfer was not referenced in the minutes and is unknown. What is clear
is that Floyd's concern about the wire transfer to EarthQuest reflected a growing concern on the
part of some of the EMCID board members.
June 16, 2011
Chris Brown, president of Contour Entertainment, informed the EMCID board that his company
was "assuming" the position of Marlin-Atlantis as developer for the EarthQuest project. In light
of the complex contractual agreements that exist between EMCID and various Marlin-Atlantis
entities, it is unknown if this is a formal assumption of the developer's role or a temporary
measure until a more permanent solution is determined.
November 10, 2011
The EMCID board approved an assignment and release with "Dino" Don Lessem. Reportedly
renowned worldwide for his expertise in paleontology, Lessem was the brainchild, founder and
director of the EarthQuest Institute. Lessem received thousands of dollars consulting on the
project for several years and his extensive travel and entertainment expenses were paid by
EMCID. The circumstances of Lessem's departure were not disclosed in the minutes. What
effect his leaving will have on the project is unknown. The EarthQuest Institute was a tax-
exempt entity which held several fund raisers to raise money for the museum facilities. The
status of those funds is unknown.
<<PAGE-DIVIDER>>
December 8, 2011
The EMCID board approved the expenditure of $25,000 to renew the Wbitestone [sanitary
sewer] waste discharge permit to Caney Creek. Reportedly, the permit will be assigned to
EMCID. It appears that EMCID is trying to preserve the early (and limited) development work
that Marlin- Atlantis performed on the Whitestone property when it was originally planned as
only a residential community. This specific permit most likely was the Caney Creek Plant Permit
No. WQ0014559001, which was originally issued in April of 2005. There is a companion waste
permit that will also soon need to be renewed, if that has not already been done. That will be for
the Peach Creek Plant Permit No. WQ0014559001, which was also first issued in April of 2005.
With Marlin-Atlantis having left the project, these type of real estate expenses will be regular
occurrences as EMCID tries to preserve whatever interests it can in the EarthQuest property.
Chris Brown of Contour emphasized this. "EMCID is trying to do what it can to protect the
investment it has made in the project," he said.
Questions Remain
This complex and convoluted situation, the seriousness of which has been further magnified by
the potential foreclosure of the EarthQuest property, has prompted valid inquiries by this
newspaper and the public to the EMCII) board.
How much money has EMCID funded to the various entities involved in the proposed
EarthQuest / Dino-Park venture?
The Tribune previously asked both EMCID attorney David Marks and McCrady this specific
question. Marks said he did not know but "Frank should." McCrady responded that EMCID has
funded "about" $9 million "for expenses to date." (Note: The original Tribune article reported an
amount of $7.8 million). However, in a Houston Chronicle-This Week article dated August 26,
2009, Connie Bloodworth, a board member of EMCID, then stated that EMCID had a potential
exposure to the project of $13 million. "Director Connie Bloodworth said the requested changes
will add up to a net initial incentive cost to the district of some $13 million. 'Right now we're
putting ourselves and the community on the line," said Bloodworth. "He's (Marlin) got his neck
on the line, but we do too."'
Why did the EMCID board not inform the public that the entity owning the land for the proposed
EarthQuest property filed for bankruptcy protection more than five months ago on August 1,
2011?
Why did the EMCID board not inform the public about Marlin-Atlantis leaving the project?
Why did the EMCID board ignore the advice of its own bond counsel to seek additional security
in order to protect its multi-million dollar investment in Marlin-Atlantis and the EarthQuest
project.
<<PAGE-DIVIDER>>
How much money has EMCID expended for travel, accommodations, food, gifts, etc. for the
various EarthQuest personnel and consultants?
Based on financial records in the possession of The Tribune it appears to be extensive. A review
of those expenses is underway and will be reported on in a future article.
Samuel M. Stricklin (State Bar No. 19397050)
Michael L. Dinnin (State Bar No. 05888100)
Brian C. Mitchell (State Bar No. 24046452)
Bracewell and Giuliani LLP
1445 Ross Avenue, Suite 3800
Dallas, Texas 75202-2711
Telephone: (214) 468-3800
Facsimile: (214) 468-3888
Email: sam.stricklin@bgllp.com
Email: michael.dinnin@bgllp.com
Email: brian.mitchell@bgllp.com
Attorneys for Hillcrest Bank, N.A.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
IN RE:
CHAPTER I I
WHITESTONE HOUSTON LAND, LTD., CASE NO. 11-42400
<<PAGE-DIVIDER>>
Debtor.
HILLCREST BANK, N.A.'S OBJECTION TO CONFIRMATION OF
DEBTOR'S FIRST PLAN OF REORGANIZATION DATED OCTOBER 28,2011
Hillcrest, N.A. ("Hillcrest"),
1
secured creditor and party in interest herein, files this
Objection to Confirmation of Debtor's First Plan of Reorganization Dated October 28, 2011
("Objection"), and in support thereof would show the Court the following:
JURISDICTION AND VENUE
1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and
1334. This Objection is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is proper in
this district pursuant to 28 U.S.C. 1409.
1
On November 7, 2011, Hillcrest Bank, N.A. merged with Bank Midwest, N.A., and now
operates under the name
Bankr Midwest, N.A.OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 2
RELEVANT BACKGROUND
A. Debtor's Bankruptcy Filing
1. On August 1, 2011 (the "Petition Date"), Whitestone Houston Land, Ltd.
("Whitestone" or "Debtor") filed a voluntary petition for relief under chapter I I of title I I of the
United States Code (the "Bankruptcy Code") in the Eastern District of Texas, Plano Division (the
"Bankruptcy Court"), Cause No. 11-42400. This is a Single Asset Real Estate case.
<<PAGE-DIVIDER>>
2. On October 28, 2011, the Debtor filed its First Disclosure Statement Dated
October 28, 2011 [Dkt. No. 15 ] ("Disclosure Statement") and its Chapter I I Plan of
Reorganization Dated October 28, 2011 [Dkt. No. 14] ("Plan"). The Debtor filed its First
Modification to Disclosure Statement on December 11, 2011 ("Disclosure Statement
Modification"). [Dkt. No. 24]. On December 20, 2011, the Court entered an Order Approving
First Disclosure Statement Dated October 28, 2011 as Modified. [Dkt. No. 27].
B. Hillcrest Bank's Secured Claim
3. On or about July 31, 2007, Hillcrest and Whitestone entered into a secured loan
agreement (the "Loan Agreement") whereby Hillcrest agreed to loan Whitestone up to
$19,600,000.00 in connection with the acquisition of real property located in New Caney,
Montgomery County, Texas (the "Property"). Pursuant to the terms of the Loan Agreement, and
contemporaneously therewith, Whitestone executed a Promissory Note (the "Note") for the
principal sum of $19,600,000.00 in favor of Hillcrest. The Note was secured by a Deed of Trust
granted by Whitestone in favor of Hillcrest, which provided Hillcrest a security interest in the
Property (the "Deed of Trust"). OBJECTION OF HILLCREST BANK, N.A. TO
CONFIRMATION
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 3
4. The initial maturity date of the Note, for full repayment of the entire principal
balance and unpaid interest to Hillcrest by Whitestone, was January 1, 2009. The maturity date
was subsequently modified twice via agreement, so that the maturity date under the Note was
November 1, 2010. However, Whitestone defaulted under the Loan Agreement and Note, and
Hillcrest notified Whitestone of the events of default on November 1, 20 10. Whitestone failed to
cure the default, and on November 19, 2010, Hillcrest accelerated the outstanding indebtedness
(the "Indebtedness") under the Note and Loan Agreement. The Indebtedness remains unpaid,
<<PAGE-DIVIDER>>
and as of August 1, 2011, the approximate amount due and owing by Whitestone under the Note
and Loan Agreement, including principal and accrued interest, was $21,377,520.24. Interest and
fees continue to accrue on this amount.
BASIS FOR OBJECTIONS
C. The Debtor Bears the Burden of Proof for Confirmation
2. A debtor in bankruptcy bears the burden of proving each and every element of
1129(a) by a preponderance of the evidence in order to attain confirmation of its plan. In re
Cajun Electric Power Cooperative, Inc., 230 B.R. 715, 728 (Bankr. M.D. La. 1999); In re
Barnes, 309 B.R. 888, 895 (Bankr. N.D. Tex. 2004) (citing In re T-H New Orleans Ltd. P'ship,
116 F.3d 790, 801 (5th Cir. 1997)); In re 8315 Fourth Avenue Corp., 172 B.R. 725, 735 (Bankr.
E.D.N.Y. 1994). Furthermore, the court has a mandatory duty to determine whether the plan has
met all of the requirements for confirmation, whether specifically raised by dissenting creditors
or not. Williams v. Hibernia National Bank, 850 F.2d 250, 253 (5th Cir. 1988). The Debtor in
this case is unable to meet its burden for confirmation.OBJECTION OF HILLCREST BANK,
N.A. TO CONFIRMATION
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 4
B. The Plan Violates 1123(a)(5) Because it Does Not Provide Adequate Means For Its
Implementation
3. The Court cannot confirm a plan unless it complies with the applicable provisions
of title 11. See 11 U.S.C. 1129(a)(1). A debtor's plan must provide adequate means for the
plan's implementation. See I I U.S.C. 1123(a)(5). Whitestone's Plan does not provide
adequate means for the Plan's implementation; therefore, the Plan cannot be confirmed.
4. The only information in the Plan regarding its implementation is in Article 11,
Concept of the Plan, Generally, and Article VI, Means for Implementation of Plan. The Concept
<<PAGE-DIVIDER>>
of the Plan is merely a "plan of reorganization." See Plan, 2.0 1. The Plan "envisions a new third
party debt facility," and the Plan will be implemented through "the revenue from the Debtor's
future business operations and an equity investment put in by the New Capital Partner." Id. The
alleged New Capital Partner is not identified, disclosed, or defined. Id. The Debtor's future
business operations and "development" are not explained or supported. Id. In addition, there is
no support for the Plan's feasibility, likely because, as discussed infra, the Plan is not feasible.
The Means for Implementation of Plan simply states that the "Plan will be implemented pursuant
to 1123(a)(5) of the Code, by the commencement of payments as called for above." See Plan,
6. 0 1. Further, the Plan "relies on the revenues generated from the Debtor's property and the
Equity Investment." Id. Similar to New Capital Partner, the Equity Investment is not defined,
explained, or identified. Therefore, the Plan does not provide any means for implementation
other than the baseless and conclusory statements that it will be implemented. The Plan does not
comply with the provisions in section 1123(a)(5) and, as a result, should not be confirmed.
C. The Plan Violates I I U.S.C. I 129(a)(7) Because Hillcrest Receives Less Under the
Plan Than it Would in a Chapter 7 Liquidation
5. Pursuant to 11 U.S.C. 1 129(a)(7), impaired classes of claims under the Plan
must receive property on account of their claim that is not less than the amount they would
OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 5
receive in a case under chapter 7. The Plan is not confirmable because the Debtor has failed to
meet its burden under 1129(a)(7). The Debtor bears the burden of proving 1129(a)(7) by a
preponderance of the evidence. Heartland Fed. Sav. & Loan Ass'n v. Briscoe Enters. (In re
Briscoe Enters.), 994 F.2d 1060 (5th Cir. 1993).
6. There is nothing in the Plan regarding liquidation, and in its Disclosure Statement
<<PAGE-DIVIDER>>

Soapboxmom

08-04-2012, 03:46 PM

Modification, the Debtor merely states that "in a liquidation the property would sell for less than
the secured debts given today's market conditions and the costs of sale." Disclosure Statement
Modification, 16. The Debtor states the Whitestone Houston Property Value is $25,000,000.00
(reduced by $2,000,000.00 for a liquidation) and its secured debt is listed as $21,377,520.24. Id.
Therefore, the Debtor's statement that the property would sell for less than the secured debts is
incorrect, even with a $2,000,000.00 reduction in property value. There is no evidence that the
impaired classes will not receive less through the Plan than they would in a liquidation. The
Debtor has not met its burden to prove the requirements under 1129(a)(7).
7. Further, Hillcrest will receive less under the Plan that it would under a chapter 7
liquidation. Under a liquidation, Hillcrest will receive the value of its secured claim
immediately.
2
However, under the Plan, Hillcrest must wait 120 days after confirmation before
it will receive payment of its secured claim, and will not be paid a market or otherwise
appropriate rate of interest. Further, it is unclear how Debtor intends to pay Hillcrest's
$19,389,607.91 claim (plus continued accrued fees and interest) when there is no indication of
who the New Equity Investor is or how the Debtor will implement the Plan. Accordingly,
2
Debtor contends the Property is worth 27,400,00.00, which would allow Hillcrest to receive the
full amount of its
secured claim through liquidation. However. even if the Property value is $9,880,000.00, as
Hillcrest contends
based on its certified appraisal, Hillcrest will still receive more through a liquidation that it
would under the Debtor's
Plan. OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
<<PAGE-DIVIDER>>
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 6
Hillcrest will receive less than it would under a chapter 7 liquidation and confirmation of the
plan should be denied under 1129(a)(7).
D. The Plan Violates 1 129(a)(1 1) Because it is Not Feasible
8. Whitestone's Plan is not feasible and cannot be confirmed under section
1129(a)(11). Courts must scrutinize the plan carefully to determine whether it offers a
reasonably prospect of success and is workable. In re Beyond.com Corp., 289 B.R. 138, 145
(Bankr. N.D. Cal. 2003). Whitestone has failed to offer anything other than hope and
speculation regarding its ability to satisfy the obligations of creditors. See, e.g., In re M&S
Assocs., Ltd., 138 B.R. 845, 852 (Bankr. W.D. Tex. 1992) ("Confirmation of the Plan would
merely allow the Debtor to postpone the inevitable, and to gamble, with the [secured creditor's]
money, on the long shot possibility of a drastic improvement in the real estate market"); In re
Pelham St. Assocs., 134 B.R. 700, 701 (Bankr. D.R.I. 1991) (denying confirmation of plan
predicated on a 5-year balloon payment to the secured creditor, concluding that the plan was
11 pure pie in the sky, and no secured creditor should be required to depend on such illusory pie.").
Whitestone has no equity in the Property, and this is a Single Asset Real Estate bankruptcy.
9. The proposed Plan does not have a reasonable probability of success because it
requires Whitestone to enter into a new third party debt facility and receive an equity investment
from a New Capital Partner in order to fund the reorganization. See Plan, 2,01. Simultaneously
with the refinancing, Whitestone will also place the Property for sale on the market. Id.
However, Whitestone does not explain how it will obtain a New Equity Partner and a new debt
financing facility when it intends to sell the Property, and Whitestone has no equity in the
Property. OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
<<PAGE-DIVIDER>>
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 7
10. Neither the Disclosure Statement nor the Plan provides any concrete explanation
for how creditors in this case will receive the value of their claims. Whitestone has no equity in
the Property, and this is a Single Asset Real Estate bankruptcy. More specifically, this case
involves more than 1,564.55 acres of raw/undeveloped land located in New Caney, Texas that
the Debtor purchased in 2005 and plans (at least in 2005) to develop into a mixed-use
multifamily, commercial, and retail development, a segment of the economy that is notoriously
struggling. See Disclosure Statement, Exhibit B, Development Overview. However, upon
information and belief, the Debtor actually intends to develop the majority of the Property into
an amusement park.
11. The only support for the Plan's success is contained in the Metrostudy Market
Overview and Development Feasibility Performa sections of Exhibit B of the Disclosure
Statement. However, the Market Overview is merely a conclusory summary of a pie in the sky
hope for what may happen to the real estate market, and there is no support for the Development
Feasibility of the Debtor's Plan. Speculative and unrealistic projections are not sufficient to
prove the feasibility of a plan of reorganization. In re Canal Place Ltd. P'ship, 921 F.2d 569,
579 (5th Cir. 1991). Moreover, it is unclear when the Development Feasibility Proforma was
prepared (although it appears to be years ago), who prepared it, how the figures contained in the
Proforma were determined, what assumptions were made, etc. Notably, the proposed Plan relies
on revenues generated from the Property (which, to date, amount to zero) and additional
financing. "Section I 129(a)(1 1) requires the plan proponent to show concrete evidence of a
sufficient cash flow to fund and maintain both its operations and obligations under the plan." See
In re 8315 Fourth Ave. Corp., 172 B.R. 725, 735 (Bankr. E.D.N.Y. 1994); In re SM 104 Ltd.,
<<PAGE-DIVIDER>>
160 B.R. 202, 234 (Bankr. S.D. Fla. 1993). Plans often fail on feasibility grounds where the
OBJECTION OF HILLCREST BANK, N.A. TO CONFIRMATION
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 8
assets needed to fund the Plan are speculative. See In re 8315 Fourth Ave. Corp., 172 B.R. at
735; In re Lakeside Global 11, Ltd., 116 B.R. 499, 506-09 (Bankr. S.D. Tex. 1989).
12. Further, where a plan relies on operating revenues, "a debtor's past and present
financial history are probative of the plan's feasibility." Id. The Debtor effectively has no
history - this is a start-up venture in bankruptcy. Considering the Debtor's prior inadequate
performance in regards to developing the property (Whitestone has owned the Property since
2005, yet no development has taken place), the current state of the new home market (and the
speculative nature of an amusement park) and the conjectural and speculative projections in
support of the Debtor's proposed Plan, the Plan is not feasible and cannot be confirmed as a
matter of law.
PRAYER
For the foregoing reasons, Hillcrest respectfully requests that the Court deny
confirmation of the Plan and grant Hillcrest such other and further relief as is just and proper.
Dated: January 13, 2012
Respectfully submitted,
BRACEWELL & GIULIANI LLP
By: /s/ Brian C. Mitchell
Samuel M. Stricklin
State Bar No. 19397050
Michael L. Dinnin
State Bar No. 05888100
<<PAGE-DIVIDER>>
Brian C. Mitchell
State Bar No. 24046452
1445 Ross Avenue Suite 3800
Dallas, TX 75202-2711
Telephone: (214) 468-3800
Facsimile: (214) 468-3888
ATTORNEYS FOR HILLCREST BANK, N.A.OBJECTION OF HILLCREST BANK, N.A.
TO CONFIRMATION
OF DEBTOR'S FIRST PLAN OF REORGANIZATION - PACE 9
CERTIFICATE 0
Court gives EarthQuest developer time to raise money, save project
Tuesday, February 07, 2012
Cynthia Calvert
-Questions arise over EMCID,consultant contracts-
The Eastern District Court of Texas, which is administering the bankruptcy proceedings of
Whitestone Houston Land, Ltd. (the legal owning entity of the EarthQuest / Dino-Park land), has
established a multi-step plan to allow
for the sale and disposition of the Dino - Park property.
On Jan. 23, 2012, the court decreed that the owners of Whitestone have until March 5, 2012, to
raise $ 10 million in capital in order to move forward with a plan to reorganize. N"itestone must
also file a Motion to Establish Bid procedures. If they achieve this, they then have until April 6,
2012, to obtain court approval of the bid
procedures for a sale of the property and they must conduct an auction to sell the property by
April 30 and close on the sale by June 4, 2012.
Failure to meet with any of these steps means that the court will allow foreclosure on the land.
<<PAGE-DIVIDER>>
Frank McCrady, president and CEO of the East Montgomery County Improvement District
(EMCID), said in January that Chris Brown, CEO of Contour Entertainment, is now the
EarthQuest developer and is actively seeking to raise capital in order to save the project. Brown
said, " We are working to raise the money. However, we have not raised it yet. That is something
we are working on. There is a list of bills to be paid first before we can complete the project. A
project like this comes in steps. It is a $500 million project and the reality is, that is a lot of
money.
"This is distinctively different for us - we have partnered financially on a much smaller scale but
this is our first time, basically, to be owners on this scale. The money side is definitely a
challenge. Outside of the cash issue, everything else is normal for us. We know we can do the
project, but raising the money is the big challenge," Brown added.
Brown is also working on another project, in Pahrump, Nevada. The town, an hour's drive from
Las Vegas, recently gave Brown, and Donald Allen Holbrook, a consultant paid also by EMCID,
thousands of dollars to conduct a study as to the feasibility of building a theme park in that rural
area. Brown and Holbrook struck a deal with the town board for a study, which Holbrook said
they should consider either an alien-themed park or a park he called Think Tank!, an
entertainment project where patrons could drive military tanks through explosive elements. In
later meetings, this idea was expanded to become "Adventure Springs," described in remarkably
similar language as the dinosaur-park-turned-EarthQuest-Global-Adventures.
Pahrunip paid $150,000 to Holbrook and his subcontractor, Contour Entertainment, and signed a
contract obligating them to give them thousands more if the study showed the area could support
a park, even if the park is never built.
Holbrook is a familiar face to many closely associated with EarthQuest.
In the October, 2007, the EMCID board agreed to hire the Vercitas Group, which is controlled
Holbrook, as a consultant "for services in connection with the Earth-Quest project." The minutes
authorized the contract "at a cost not to exceed $25,000 for hourly fees and expenses."
Holbrook presented to EMCID, and to projects before and since, a dazzling resume of scholarly
degrees and accomplishments. It's easy to see why Frank McCrady characterized Holbrook as
11 an expert in the theme park entertainment venue industry and ... is recognized across the
country as a premier economic development professional. We looked at his credentials and
discussed his interaction with other cities and counties in which they all had numerous positive
comments on their projects."
But the road that Holbrook has traveled, both to New Caney, Texas, and numerous other towns
across the U.S.A., is a long and winding journey, littered with disappointment and controversy.
Furthermore, a diligent search by The Tribune of documents, newspaper articles, public filings,
websites, etc., paints a vastly different portrait of this supposed 'entrepreneur extraordinaire'.
And it seems that trouble follows Holbrook to almost very town that invites him into their
community, and their coffers. For example:
<<PAGE-DIVIDER>>
Proposed Project - EarthQuest, New Caney, Texas (2007)
One of Holbrook's first interactions with EMCID was to prepare a site selection report which he
claimed verified that New Caney had been chosen as a prime spot to develop a theme park.
Recently, The Tribune asked EMCID for a copy of the 2007 site study. This report purportedly
selected the New Caney, Texas area over several dozens of other communities throughout
America as the preferred location for the EarthQuest project. It was presumed that such a study
would have been prepared by an independent, third-party firm, not affiliated with any of the
interested parties in order to preclude any conflicts of interest.
What was delivered to The Tribune was a 177-page report prepared by Baker Leisure Group,
LLC and being paid for by EMCID at a cost of $125,000. This report makes no mention
whatsoever of any 'national search' and focuses solely on the Houston area. It includes no
recommendations as to whether or not EarthQuest should be built, although it does list potential
strengths and weaknesses in the market. It appears to be a detailed demographic review of the
Houston region with various pro-forma's based on the early plans for EarthQuest. By any
account, it is a preliminary report based on preliminary assumptions.
At this point, the story gets more complicated. The report The Tribune received was not prepared
on behalf of EMCID, but for Dino Don, Inc. Dino Don, Inc. is a company affiliated with Don
Lessem, once a consultant on the move "Jurassic Park" and the (now former) Director of the
EarthQuest Institute. On the cover of the report, Dino Don, Inc. is shown as being represented by
Don Holbrook of Holbrook Development Company. Nowhere does EMCID appear in the report,
even though EMCID is the only party risking millions of dollars of taxpayer funds to build the
project.
About the same time, Lessem is quoted on the EarthQuest website as stating that "we,"
presumably the EarthQuest Institute (and EMCID?), engaged Holbrook to conduct a national
search for a site. However, no national search report has yet been given to The Tribune, as
requested.
The foregoing facts present a confused situation that is difficult to grasp. Were there two studies
conducted? One by Baker Leisure and one by Holbrook? If so, where is the Holbrook national
search report? If Holbrook did conduct the national study, why would EMCID allow its own
consultant to prepare the report when the same consultant clearly has a vested financial interest
in seeing that the project goes forth? The conflict of interests appear obvious.
So who does Holbrook represent? EMCID, Dino Don, Inc. or himself? Why did he conduct the
national search report? Why was a third-party not engaged for the study? What parties divvied
up the $125,000 fee? And last, but not least, where is the national search report that selected New
Caney, Texas, over all other potential locations in the United States?
Continuing the Holbrook saga, it seems that Holbrook doesn't travel alone. He clearly has a
business relationship with Lessem, as mentioned above. He also has strong ties to Contour
Entertainment, the new developer, according to McCrady [Tribune, Jan. 11] of the EarthQuest
<<PAGE-DIVIDER>>
project, replacing Marlin - Atlantis. Holbrook and Contour have teamed up on other proposed
theme parks in several cities across the country. However, it may prove telling for New Caney
residents that when officials in Pahrump, Nevada, questioned Holbrook in the fall of 2011 about
prior theme parks he had completed, Holbrook could not recall a single one.
Another disturbing fact is that The Tribune has not been able to get answers as to how much
Holbrook or Lessem were paid by EMCID for his EarthQuest-related efforts. A brief analyis of
EMCID payments in 2008 and 2009 reveal thousands of dollars spent on airfare, hotels and
meals for Holbrook to travel to New Caney as well as for EMCID staff and board members to
travel to Nevada to see Holbrook. Notwithstanding, The Tribune has learned from similar
contracts made available by other cities in which Holbrook and/or Contour are involved, that
their contracts are not simple documents for a single stated amount. In fact, quite the opposite is
true.
For example, the contract executed with Pahrump, Nevada, to determine if it was a good
candidate for a major theme park, was initially presented to the public as a $154,000 agreement.
The primary thrust of the initial contract was for Holbrook and Contour to conduct a survey and
see if Pahrump was a suitable site. Not surprisingly, the search (conducted by Contour &
Holbrook) did conclude that Pahrump was a viable venue.
In later town hall meetings it was disclosed to the general public that the contract was not a
single-purpose document, but an on-going, multi-phase commitment, with those future phases
triggered by specific events. Those future phases will commit the city to almost $900,000 in total
fees as additional phases are completed. Furthermore, the contract provides for "Success Fees"
should the project be constructed. Contour and Holbrook will receive I percent of all investor
money raised, and 3 percent of all public funding committed to the project. On a $500 million
project, the approximate cost of the EarthQuest park, that stipulation could generate a fee as high
as $10 million+ to the developers.
Since the Tribune has not received a copy of the contract executed with Holbrook, or the new
development agreement executed with Contour, it cannot comment on what terms those
contracts may include. Consequently, it is unknown if similar conditions in the Pahrump contract
are contained in the Holbrook and Contour contracts with EMCID. The Tribune will continue its
efforts to obtain copies of the contract.
But Holbrook's difficulties and inconsistencies don't end with his work.
Resume Problems
In the mid- and late 1990's, Holbrook's resume included a master's and a doctoral degree from
LaSalle University (Mandeville). But LaSalle was raided and closed by the F.B.I. in 1996. In
2004, the U.S. General Accounting Office determined that LaSalle was a "joke" where
11 students" simply paid a fee for their "degrees." Holbrook has since removed the degrees from
his resume.
<<PAGE-DIVIDER>>
Subsequently, Holbrook started listing on his resume three new degrees. These included a
Bachelor of Science in Environmental Studies and a Bachelor of Arts in Urban Economic
Planning Geography from Wright State University. The third (new) degree is a Masters of
Business Administration in Technology Management from the University of Phoenix. Holbrook
further claims, in another resume, to be a doctoral candidate at Walden University. According to
the National Student Clearinghouse website at National Student Clearinghouse (http://www.nationalstudentclearinghouse.org), Holbrook
did get the geography degree and the MBA but never obtained the bachelor's degree in
environmental studies or the doctorate.
The Tribune has inquired of each university to determine if all of the forgoing degrees were
conferred unto Holbrook. The results of those inquiries will be published upon receipt.
Holbrook's employment history over recent years is also troubling. He was hired and
subsequently fired in several locations, mired in controversy. In 1996, Holbrook hired by the
Port Authority in Red Wing, Minnesota, and terminated in 1998 for questionable spending
practices, falsifying his resume, etc. In 2001, he was hired by the Lake Havasu Partnership for
Economic Development but less than two years later, his employment contract not renewed. In
2004, Holbrook was hired by the Richmond, Indiana Economic Development Corporation but 16
months later, left in an acrimonious departure after excessive spending, unauthorized
expenditures and other questonable practices came to light in the local newspaper. In 2007,
Holbrook hired by EMCID as a consultant to the EarthQuest project.
Holbrook is clearly a prominent participant in the EarthQuest story, but he is only one of several.
Future articles will explore the roles of other individuals. There will also be detailed analyses of
the financial implications that have occurred, and will continue to occur, as the full story of the
EarthQuest venture unfolds.

Soapboxmom

08-04-2012, 03:46 PM

A Disneyland for gun lovers
Monday, February 20, 2012
Cynthia Calvert
Frank McCrady, president and CEO of the East Montgomery County Improvement District
(EMCID), announced last week that a preliminary agreement has been made with Front Sight
Firearms Training Centers to build a facility in East County. McCrady said the project will bring
significant economic impact.
The firing range project, which has an interesting connection to the questionable dinosaur theme
park, EarthQuest, supposedly coming to East County, also brings a controversial history.
Front Sight's headquarters is located in Pahrump, Nev., the same community that former
EarthQuest consultants Don Holbrook and Chris Brown have contracted with to develop a theme
park in that rural area.
<<PAGE-DIVIDER>>
According to the Pahrump Valley Times [ 10- 12-2011 ], after the EarthQuest project stalled,
Holbrook entered a contract with the rural, economically depressed Nevada community to
present the efficacy of building Think Tank!, a park where visitors can drive armored tanks.
Holbrook prepared a report for the town saying that Think Tank! would be a place, "Where
guests would be able to drive a military tank... in a fun, safe environment." There would also be
obstacles with special effects and explosions.
Holbrook added that millions more could be gleaned from tourists if Pahrump were to expand on
that idea and build'Adventure Springs,'which would include the tank/explosion range along
with a movie, a lake, a visitor center, a town, a hotel with a water park, a family entertainment
center, a golf range, an event space and retail and dining space.
Interestingly, this is the same situation that developed with EarthQuest, which went from a small
idea called Project Rex, then became the $50 million Dino-City which eventually morphed into
EarthQuest, a $600 million plus, 1600-acre resort with four "lands," a museum, rides, special
effects, a water park, hotels, conference center, restaurants, retail and office developments, with
Holbrook involved every step of the way.
Front Sight has a controversial history in Pahrump. Matt Ward, editor of the Pahrump Valley
Times, said that while the range is part of the peaceful community, it is known as a "gun nut
heaven." The owner, a former chiropractor named Ignatius Piazzo, originally touted the idea as a
residential development with a total gun focus. Piazzo, according to KLAS-TV in Las Vegas,
bought 550 acres in Pahrump in the late 1990s and promised to build "the safest town in
America'by building a'Disneyland for Gun Lovers."' KLAS-TV investigative reporter Colleen
McCarty (| 8 News NOW - Las Vegas News | Weather | Traffic (http://www.8newsnow.com)) said, "Thousands of people bought in with memberships
ranging in price from a few thousand to hundreds of thousands of dollars. Most were guaranteed
a lifetime of weapons training and six-figure deals, called platinum memberships, and were
promised a one-acre home site."
But the master-planned community never happened. Piazzo, according to McCarty and Pahrump
Valley Times reporter Gina B. Good
(archive.pahrumpvalleytimes.conV2005/11/18/news/frontsight.html), was eventually sued by
several of those members.
California attorney C. Keith Greer filed a class action lawsuit in November 2005 on behalf of
several Front Sight members, alleging racketeering and fraud. Greer said Piazza de-frauded
thousands for his own personal gain, Good reported. She also reported, "The action demands a
jury trial under the Racketeering Influenced and Corrupt Organizations (RICO) Act. The 26-page
complaint against Front Sight centers on membership benefits and promises. At the
organization's inception in 1998, memberships were sold to fund construction of shooting ranges.
Free classes for life with memberships that could be willed to family members were attractive to
gun owners who sought professional training. Additional benefits - like home sites - were
promised for higher priced memberships."
<<PAGE-DIVIDER>>
Greer said, "Piazza took other people's money for investment capital to start his operation and
then when he got it up and running, he hung them out to dry. Didn't follow through on the
promises he made, didn't give them what they expected, didn't give them their money back."
Eventually, by June of 2009, in response to Piazza's refusal to pay a multi-million dollar
settlement, a federal judge ordered a receiver to take control of Front Sight, its facilities, its
operations and its assets (www.pahr-umpvalleytimes.com/2009). Seven days later, Piazza made a
financial offer and regained control of his property. According to the KLAS-TV, Front Sight still
owes more than $5 million of the class action settlement.
Websites devoted to Front Site (THR - Powered by vBulletin (http://www.thehighroad.org)) have lengthy complaints that Piazza is a
Scientologist or a former Scientologist. In fact, Piazza sued one of his former platinum members
for writing in her blog that she believed him to be a member of the controversial organization
(Diana Hsieh: Front Sight, Ignatius Piazza, and Scientology? (http://www.dianahsieh.com/frontsight/)).
Pahrump Valley Times editor Matt Ward says a mysterious death that occurred on the property,
along with the recession, stopped the home development side of the operation.
"A guy died out there, not by a gunshot, but it was some sort of accidental hanging. Then there
was a big lawsuit and the home development just never happened," he said. According to KLAS-
TV, a range visitor died in 2007 in a zip line accident and a lawsuit did take four years before it
was settled (www. 8new snow. com/story/l 5 691632)
Front Sight failed to meet Nevada state fire safety standards numerous times, according to
KLAS-TV reporter McCarty. The reporter said, "Front Sight has failed again to outfit its
classroom building with fire safety basics like sprinklers, fire pumps and water. It's no surprise
despite claims construction was on target; Front Sight has again failed to meet its deadline. This
is the fourth such failure in the last two years."
Controversy not withstanding, the Internet is also filled with glowing praise for Front Sight.
Numerous blogs, letters, articles and news reports show there are many who vouch for the
experience as exceptional, fun, beyond their expectations and that the gun range experience is
excellent.
Courses range from $1,000 to $2,000 and the website (Firearm Training Courses - Handgun ( Glock, etc.), Shotgun, Rifle, (Sub) Machine Gun - from FrontSight.com (http://www.frontsight.com)) is filled with dozens
of testimonials, course offerings, and options to learn or enhance individual firearms proficiency.
Final arrangements with Front Sight is pending; the final site has not been chosen yet.
As with EarthQuest, McCrady is assuring taxpayers that the development will not cost them a
penny. EarthQuest developers received millions of dollars from EMCID; taxpayers were given
assurance that parking fees at EarthQuest and intellectual property rights will make up for the
EarthQuest costs estimated to be as high as $10-15 million (The Tribune has made numerous
requests of EMCID for the total number of dollars spent to date on the EarthQuest project but no
answers have been provided). McCrady said the incentives given to Front Sight will come from
rebates of sales taxes and other revenues generated by the new business itself.
<<PAGE-DIVIDER>>
"None of the incentives will come from any existing source or take away from current funding,"
he said. "We're looking at venue taxes to provide the incentive needed to bring these businesses
to East County."
Where's the money?
Tuesday, February 21, 2012
Cynthia Calvert
The East Montgomery County Improvement District (EMCID) is a public agency empowered by
the State of Texas to issue municipal bonds that are sold to the general public. The funds
received from the sale of the bonds can then be invested in various projects, with both public and
private interests, within EMCID's boundaries.
Generally speaking, in an improvement district such as EMCID, bond proceeds are utilized to
facilitate economic development within EMCID's district that will bene Fit the taxpaying public
with local job creation, new tax revenues, user fees, etc. The new and increased assessments can
then be used to fund a variety of civic, charitable, educational and other organizations to improve
the overall quality of life for local residents.
Consequently, there is a solemn obligation on the part of the EMCID leadership and board to
ensure that the bond funds are managed diligently and invested prudently.
The Tribune has now independently confirmed that EMCID issued $7,635,000 in sales tax
revenue bonds on April 15, 2009. The proceeds of that bond sale were used to reimburse the
promoters of the EarthQuest project for pre-development costs, primarily conceptual, and design
work.
The bonds were issued in two sets with different maturities, and a blended interest rate of 6.525
percent. The bonds will mature in two stages of 20 and 30 years, in 2029 and 2039, respectively.
In addition to the foregoing bond sale, EMCID President and CEO Frank McCrady said in a
recent Houston Chronicle article that EMCID has also incurred cash expenditures of $2.5 million
in non-developmental costs related to EarthQuest. This amount was apparently paid out of
existing tax collections, bringing the total (verified) cost of the project to $10.135 million.
Given the pending foreclosure of EarthQuest's intended site, the unending project delays, an
almost complete turnover of those involved in the venture and the continuing weakness in the
local and national economies, EarthQuest is, by any measure, a troubled project.
Notwithstanding, McCrady has given repeated assurances that "EarthQuest will be built". . .
[and] "it's not a question of if, but when."
But what happens if EarthQuest doesn't get built?
<<PAGE-DIVIDER>>
To answer that question it's necessary to first understand how the bond process works.
Simply stated, a municipal bond is a written promise on the part of a governmental agency (in
this case EMCID) to repay monies it borrows from private investors. As collateral for the bonds,
EMCID granted the owners of the bonds a lien on, and a pledge of, three fourths of I percent of
EMCID's sales and use taxes. This calculation equals 50 percent of the total sales tax base of
EMCID.
Thus, the bond is similar to a mortgage that would be taken out when a homebuyer purchases a
house. In the case of EarthQuest, the $7.635 million in bonds issued by EMCID represents the
,'mortgage" that
EMCID incurred in order to "buy" a "house", i.e. the EarthQuest theme park.
If the theme park subsequently becomes a reality, then new jobs will be created, new tax and
revenue streams will be generated and the "house" will produce sufficient income to pay off the
mortgage.
However, the EarthQuest project differs from a typical home purchase in one major respect: the
,'mortgage" was incurred in 2009, but no "house" has yet been built. Furthermore, there is no
guarantee that the "house" will ever be built. Nevertheless, EMCID has guaranteed to the
purchasers of its bonds that the "mortgage" will be repaid.
And like all mortgages, the bonds must be repaid with interest. Since these bonds were issued for
20-and 30-ycar terms, while paying 6.525 percent interest, the total interest cost to EMCID is
projected in the bond prospectus to be $10,960,254.
Consequently, the total cost and liability of the EarthQuest project is not $10.135 million as
previously mentioned, but is more than $21 million due to the future accrual of interest, the
payment of which has been guaranteed by EMCID.
So who will pay this "mortgage" if the house never gets built?
As usual, the answer is: the taxpayers. More specifically, the taxpayers that reside or shop within
the EMCID district.
If EarthQuest isn't built, EMCID will have no choice but to repay the principal and interest on
the bonds out of current tax revenues. In doing so, the annual debt service on the bonds will
significantly impair EMCID's ability to fund other projects. For example, the total annual debt
service of the EarthQuest bonds, by year, is: 2012 - $487,506; 2013 - $550,556; 2014 -
$551,506; 2015 - $552,156; and so on.
The foregoing scenario becomes even more disconcerting when the total bonded indebtedness of
EMCID is considered. That is, EMCID has additionally sold bonds on two other projects
unrelated to EarthQuest. The unpaid principal amount of these two bond sales equaled
<<PAGE-DIVIDER>>
$7,673,416.00 as of February 15, 2012. When the annual debt service of these two bond issues
are combined with the EarthQuest indebtedness, the above annual payments more than double.
For example, the total, combined annual debt service of all EMCID bonds, by year, is: 2012 -
$1,077,494; 2013 - $1,141,924; 2014 - $1,142,849; 2015 - 1,142,133; and so on.
With only a finite amount of tax receipts coming into EMCID, combined with EMCID's
outstanding bonded indebtedness, it is painfully obvious that EMCID will have to forego many
economic development opportunities if the EarthQuest project is not built.
So who will pay if EarthQuest isn't built? You will.

Soapboxmom

08-04-2012, 04:06 PM

Following is the pdf version of the filing. I think very shortly Don Allen Holbrook is going to be standing alone in this legal circus. I think the judge is going to shut down the third-party third ring of this show.

1483

Soapboxmom

pantherdadX2

08-05-2012, 08:04 AM

McCrady better hurry up and collect that $1.00 parking fee on that broke down 76 Chevy pick-up on the feeder road in front of the illegible EarthQuest sign. Maybe he could hire his pal, Sir Gasbag, out at $195.00 an hr. to pick up aluminum cans from the ditches of the proposed EarthQuest project to help defray the costs of interest paid by EMC taxpayers on the bond debt. Just think, Frank, you could report at the next meeting you're saving the taxpayers $200.00 an hr. on your pal's normal fee for providing an invaluable service to the community!

pantherdadX2

08-05-2012, 08:49 AM

Has anyone told McCrady that a gun range already exists approx. 15 mi. from where the DreamQuest property is located? This business has been in operation for as long as I can remember, I believe it's called Thunder Gun Range and is located about 10 mi. W. of hwy 59, on F.M. 1314, close to the tiny community of Cut n Shoot, TX. Perhaps the owners could be convinced to provide a 10 min. tutorial on how the local Improvement District has squandered millions of of their clients money, especially the extravagant trips around the globe, (investigating) theme parks. With the proliferation of rednecks walking through the door already pissed-off at the government in not only Mont. Co. , but at the national level also, paper targets of the EMCID, in particular Frank McCrady and his good buddy Don Holbrook, could be provided to them to shoot at, with a dollar donated for every bulls-eye going to help alliviate the bond debt. pantherdad's prediction>>> millions of bullseyes with the debt eliminated within 5 yrs.:RpS_cursing:

Soapboxmom

08-05-2012, 11:27 AM

1. Income from employment or operation of business
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including
part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was
commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has
maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of
the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must
state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

AMOUNT SOURCE
Year to date (2011): $74,997.00
Last Year(2010): $99,996.00
Year before(2009): $90,000.00
MR. - EMCID

Year to date:$520.00
Last Year:$00.00
Year before:$00.00
MRS. - RODAN & FIELDS

2. Income other than from employment or operation of business
State the amount of income received by the debtor other than from employment, trade, profession, operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and

Statement of Affairs - Page 1
Case 11-27072-lbr Doc 1 Entered 10/31/11 13:02:38 Page 26 of 37
Form 7 (04/10)
a joint petition is not filed.)

AMOUNT SOURCE
Year to date:$4,500.00
Last Year:$3,000.00
Year before:$3,000.00
RENTAL

Don Allen Holbrook was in chapter 7 in Arizona in 2007 and that sleazy filing wasn't discharged until 2010:

2) A summary of assets abandoned, assets exempt, total distributions to claimants, claims discharged without payment, and expenses of administration is provided below:

Claims Discharged Without Payment:$1,884,006.53
Assets Exempt:$97,415.00
Total Expenses of Administration:$2,375.85
Assets Abandoned:$376,185.00
Total Distribution to Claimants:$12,531.99
He made all his money off of the Earthquest debacle (EMCID) and rentals. No speaking engagements, successful projects, book sales or anything else is listed. So, again how is it he was able to tour Europe in 2009 and put his kids into the very expensive exclusive private school in Las Vegas, The Meadows? People making what he is do not have one or both children in a school costing an arm and a leg:

Private schools: Fending off an exodus of students - Tuesday, March 9, 2010 | 2 a.m. - Las Vegas Sun News (http://www.lasvegassun.com/news/2010/mar/09/private-schools-fending-exodus-students/)

Tuition at the Meadows ranges from $15,800 to $21,200, with about 18 percent of students receiving financial aid.

http://www.themeadowsschool.us/TMSv2/pdf/TuitionFees2012-13.pdf

That is well over 30 grand a year for both boys to attend. He is also still in court with half of the planet and legal fees will be thousands of dollars a month. How is he funding that adventure??? Where did the 1.2 million he and his LLCs made off of Earthquest related things from 2007-2010 go? The IRS and DOJ should be asking a lot more questions. Holbrook's actual income, reported income and expenditures do not jive!!!!

Soapboxmom

pantherdadX2

08-06-2012, 08:56 AM

I can take a good guess as to where that money went. I strolled over to the Facebook link where Holbrook's name was worth $31,000 +. A comment written (I'm going to assume it was the wifey) below it stated something along the lines of " Let's cash in, honey" Isn't that a common phrase heard in a casino? Given the Holbrook's close proximity to Las Vegas casinos, could it be that money was squandered in the Luxor? If so, I could just imagine Sir Gasbag standing at the craps table, wearing his robe, with his halo shining ever so brightly, furiously rolling the dice, funded with hard-earned EMC taxdollars generously doled out by Frank McCrady and Co. I could also imagine Holbrook 's response to a comment like that while he was ahead. "Not now, Sweetie-Pie, I'm trying to do the Christian thing and EARN the money to pay back my creditors and lawyers........ ( yeah, right, Donny-Boy....LOL ) :RpS_wink:

pantherdadX2

08-06-2012, 09:03 AM

and his response after blowing it all......"Oh well, Frank accidently left his AmEx card in my pocket, "F" my creditors and lawyers,let's go hit the buffet line!!!"

Soapboxmom

08-07-2012, 09:43 PM

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
MEMORANDUM IN OPPOSITION OF
DEFENDANT/THIRD-PARTY
PLAINTIFF DON ALLEN
HOLBROOK, LLC TO THIRD-PARTY
DEFENDANT FRANK MAURIZIO’S
MOTION TO DISMISS FOR LACK OF
PERSONAL JURISDICTION AND
MOTION TO QUASH SERVICE OF
PROCESS
I. INTRODUCTION
Defendant/Third-Party Plaintiff Don Allen Holbrook, LLC (“Defendant” or “DAH,
LLC”) opposes Third-Party Defendant Frank Maurizio’s Motion to Dismiss for Lack of Personal
Jurisdiction and Motion to Quash Service of Process (“Maurizio Motion to Dismiss”) to dismiss
the Second Amended Third-Party Complaint (“Third-Party Complaint”) filed against him under
the holding in Kaufmann Racing Equip., LLC v. Roberts, 126 Ohio St.3d 81, 2010-Ohio-255, ¶
74, in which the Ohio Supreme Court refused “to allow a non-resident defendant to take
advantage of the conveniences that modern technology affords and simultaneously be shielded
from the consequences of his intentionally tortious conduct.” Id. Thus, DAH, LLC asks this
Court to deny the Maurizio Motion to Dismiss and to quash service of process and to conclude
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, August 07, 2012 3:45:16 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17413323
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
2
that this Court has personal jurisdiction over Frank Maurizio (“Mr. Maurizio”) under R.C.
2307.382(A)(3) and (6) and Civ.R. 4.3(A)(3) and (9) and to conclude that exercising personal
jurisdiction over Mr. Maurizio will not violate the Due Process clause of the United States
Constitution.
II. STATEMENT OF FACTS
DAH, LLC is an Arizona limited liability company that is registered to conduct business
in the State of Ohio and conducts business around the United States of America and elsewhere as
an economic developer in the public and private sectors. Third-Party Complaint, ¶ 1. Mr.
Maurizio has not attached an Affidavit attesting and acknowledging that he has personal
knowledge of the facts or that he is competent to testify in court as to the facts stated in his
“Statement of Facts” on pages 3-4 of his Motion to Dismiss (which Motion appears to be nearly
identical to the motion to dismiss filed with this Court by counsel for Heather Dobrott and
Cynthia Calvert, Cynthia Calvert, The Tribune, aka, Ourtribune.com). While DAH, LLC
strongly objects to this Court relying on unattested statements, it will respond with the condition
that Mr. Maurizio file a proper affidavit with the Court in the near future. If Mr. Maurizio fails
to timely file a proper affidavit, this Court should entirely disregard Mr. Maurizio’s Statement of
Facts.
Mr. Maurizio is a resident of the State of Nevada, regularly and frequently posts
defamatory, derogatory, and false statements about DAH, LLC on websites (Pahrump Valley Times (http://pvtimes.com/)
opinion/community-viewpoint-background-on-mr-holbrook-the-music-man-part-1/;
http://pvtimes.com/opinion/community-viewpoint-background-on-mr-holbrook-the-music-manpart-
2/; http://pvtimes.com/opinion/community-viewpoint-background-on-mr-holbrook-themusic-
man-part-3/), posts links on www.realscam.com and other websites and blogs to postings
3
and blogs written by Third-Party Defendant Heather Dobrott, Third-Party Defendant Craig
Malisow, Third-Party Defendant Cynthia Calvert, and others that include defamatory,
derogatory, and false statements about DAH, LLC, in order that such postings exploit search
engine optimization on websites such as Google, so that defamatory, derogatory, and false
statements about DAH, LLC, go “viral” and are listed at the beginning of any search results for
“Don Allen Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the name, on
internet search engines and which postings have been seen and downloaded from the internet by
persons residing in the State of Ohio. Third-Party Complaint, ¶ 3. Mr. Maurizio has been
posting comments on the Internet about DAH, LLC since at least January 19, 2012. See
Affidavit of Shelli Nestle (“Nestle Aff.”), ¶ 2 attached hereto as Exhibit A; Affidavit of Roger
Reynolds (“Reynolds Aff.”), ¶ 2 attached hereto as Exhibit B; Affidavit of Steven Carne (“Carne
Aff.”), ¶ 2 and attached hereto as Exhibit C.
Internet postings by Mr. Maurizio have been seen and downloaded by persons in Ohio,
including Shelli Nestle, Steven Carne, and Roger Reynolds. See Nestle Aff., ¶¶ 1-2; Reynolds
Aff., ¶¶ 1-2; and Carne Aff., ¶¶ 1-2. All of these negative threads and postings began well before
February 28, 2012. Nestle Aff., ¶ 3; Reynolds Aff., ¶ 3; and Carne Aff., ¶ 3. The web address
http://pah.stparchive.com/Archive/PAH/PAH0119212p17.php cited in the Nestle, Reynolds, and
Carne Affidavits in paragraph 2 is an editorial written by Mr. Maurizio dated January 19, 2012,
from the Pahrump Mirror with the heading “Scammed by a snake oil salesman”, referring to Mr.
Holbrook with respect to projects in Pahrump, Nevada, and Houston, Texas. Nestle Aff., ¶ 2;
Reynolds Aff., ¶ 2; and Carne Aff., ¶ 2.
DAH, LLC entered an Agreement with the City of Huber Heights, Ohio (“City”) to
perform an economic development business case analysis with the assistance of the City Staff
4
and collaboration of the current developer. Third-Party Complaint, ¶¶ 14-20 and Exhibit 1
attached thereto. The City Council adopted a Resolution on December 12, 2011, approving the
Agreement and payments to DAH, LLC. Third-Party Complaint, ¶¶ 14-16 and Exhibit 2
attached thereto. Under the Agreement, the City was to be invoiced a total of $66,000.00, of
which the City has only paid $53,800.00 leaving an outstanding balance of $12,200.00 owed,
thereby breaching the Agreement. Counterclaim, ¶ 39.
The Agreement stated that the recommended “scope of work . . . . would require the
assistance of the City Staff and collaboration of the current developer to provide information and
collaborate on conceptual development strategies.” See Exhibit 1 attached to the Third-Party
Complaint. Donnie Jones, Assistant City Manager, was directed by former City Manager Gary
Adams to work with DAH, LLC on various incentives and financing models, but failed to do so.
Third-Party Complaint, ¶¶ 22, 24, 25, 30, 31, 33.
At a meeting on March 14, 2012 between DAH, LLC and members of the City Staff,
including Mayor Ron Fisher and Mark Campbell, a member of the City Council, Mr. Campbell
said, without any warning to DAH, LLC, that the City no longer wanted a relationship with
DAH, LLC, did not believe that the City had received any value for the monies paid, and
demanded a full refund of all monies paid under the Agreement. Third-Party Complaint, ¶ 34. It
is at this meeting that DAH, LLC claims the City breached the Agreement, not on February 29,
2012, as averred by Mr. Maurizio. See Maurizio Statement of Facts No. 8.
Mr. Carne attended an earlier meeting on March 14, 2012, as a member of the Executive
Board of the Montgomery County Agricultural Society and is also associated with DAH, LLC.
Carne Aff., ¶ 4. Mr. Carne spoke to Mayor Fisher on March 15, 2012, and Mayor Fisher told
Mr. Carne that Jim Borland, Acting City Manager (after Mr. Adams) gave Mr. Campbell copies
5
of internet research on DAH, LLC and that Mr. Campbell gave copies to Mayor Fisher. Carne
Aff., ¶ 6.
On April 8, 2012, Mayor Fisher told Mr. Carne that he wanted to drop the lawsuit against
DAH, LLC and walk away. Carne Aff., ¶ 7. On April 10, 2012, Mr. Carne told Mr. Holbrook
about his conversations with Mayor Fisher, including the statements about internet research.
Carne Aff., ¶ 8. DAH, LLC made a public records request of the City but the City did not
provide any hard or electronic copies of any internet searches on DAH, LLC or Mr. Holbrook on
internet sites or comments by bloggers later exchanged between the members of the City
Council, the City Manager, Donnie Jones, or any staff person employed by the City. Third-Party
Complaint, ¶ 38.
III. UNDER OHIO LAW, OHIO COURTS ARE OPEN TO ALL PERSONS.
As a preliminary matter, this Court must reject Mr. Maurizio’s implicit argument running
throughout his Motion to Dismiss that because DAH, LLC is not an Ohio limited liability
company, it cannot seek redress for an injury it suffered in Ohio in an Ohio court. Mr.
Maurizio’s argument is contrary to Ohio law. The Ohio Supreme Court has explained that the
“courts of this state are, and always will be, as open to a non-resident plaintiff as to citizens of
this state, provided they meet the necessary statutory requirements imposed by the General
Assembly.” Howard v. Allen, 30 Ohio St.2d 130, 137 (1972).
Article I, Section 16 of the Ohio Constitution, the “Open Courts” amendment, is entitled
“Redress in courts” and states in part:
“All courts shall be open, and every person, for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of law, and
shall have justice administered without denial or delay. . . .”
Emphasis added. Thus, under the Ohio Constitution, Ohio courts are open to “every person”, not
6
just residents of the state. R.C. 1.59(C) states that “‘[p]erson’ includes an individual,
corporation, business trust, estate, trust, partnership, and association.” As the Ohio Supreme
Court explained above in Howard, a non-resident plaintiff may sue in Ohio courts provided it
meets the necessary statutory requirements, which in this case is R.C. 2307.382, the Ohio longarm
statute. Notably, R.C. 2307.382 does not include the word “resident” anywhere to restrict
who may bring a claim for affirmative relief against a non-resident defendant.
IV. UNDER OHIO LAW, THIS COURT HAS PERSONAL JURISDICTION OVER
MR. MAURIZIO.
When a defendant asserts a lack of personal jurisdiction as a defense to a complaint, the
burden is on the plaintiff to establish that the trial court has personal jurisdiction over the
defendant. Enquip Technologies Group, Inc. v. Tycon Technoglass, S.r.l., Greene App. No.
2010-CA-23, 2010-Ohio-6100, at ¶ 10 (2nd Dist.), citing Jurko v. Jobs Europe Agency, 43 Ohio
App.3d 79, 85 (8th Dist. 1975). A plaintiff is required to make only a prima facie showing of
personal jurisdiction to withstand a motion to dismiss. Kauffman Racing Equip., LLC v.
Roberts, 126 Ohio St.3d 81, 2010-Ohio-255, at ¶ 27, citing Fallang v. Hickey, 40 Ohio St.3d
106, 107 (1988). Allegations in pleadings are accepted because under Ohio law, “an admission
in a pleading dispenses with proof and is equivalent to proof of the fact.” J. Miller Express, Inc.
v. Pentz, 107 Ohio App.3d 44, 48 (9th Dist. 1995), citing Rhoden v. Akron, 61 Ohio App.3d 725,
727 (9th Dist. 1988) (“. . . an admission made in pleadings dispenses with the need to prove the
truth of the matter admitted.”). Affidavits, depositions, interrogatories, or other oral testimony
may be used because matters relating to personal jurisdiction may not be apparent on the face of
the summons or complaint. Jurko at 85. Unattested statements in motions or other responses are
not proper evidence. In considering whether a plaintiff has made its prima facie showing, a court
must (1) view the allegations in the pleadings and any documentary evidence in a light most
7
favorable to the plaintiff; and (2) resolve all reasonable competing inferences in favor of the
plaintiff. Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
In order for an Ohio trial court to exercise personal jurisdiction over a non-resident
defendant, it uses a two-step analysis to determine: (1) whether R.C. 2307.382(A) and Civ.R.
4.3(A) confer personal jurisdiction; and, if so, (2) whether the exercise of personal jurisdiction
would deprive a non-resident defendant of the right to due process of law under the Fourteenth
Amendment to the United States Constitution. Enquip Technologies Group at ¶ 10, citing
Kauffman Racing Equip. at ¶ 28. Ohio courts use this analysis because R.C. 2307.382 and
Civ.R. 4.3(A) do not confer personal jurisdiction to the limits of the Due Process clause.
Goldstein at 238 n.1. This two-step analysis applies to cases involving the use of the internet and
websites. Kauffman Racing Equip. at ¶ 25. Also, this Court may take limited judicial notice of
website addresses and whether a website is interactive or for informational purposes only. See
Malone v. Berry, 174 Ohio App.3d 122, 2007-Ohio-6501, at ¶ 13 (10th Dist.). Thus, DAH, LLC
has the burden to make a prima facie showing to this Court that it has personal jurisdiction over
Mr. Maurizio.
A. A plaintiff makes a prima facie showing of personal jurisdiction by alleging
conduct to meet the requirements under R.C. 2307.382(A).
In order for an Ohio court to exercise personal jurisdiction over an out-of-state defendant,
a plaintiff must allege that an out-of-state defendant, directly or by an agent, engaged in specific
enumerated activities identified in R.C. 2307.382(A), including the following sections relevant to
DAH, LLC’s claims for civil conspiracy, tortious interference with contract and prospective
business relations, and defamation against Mr. Maurizio:
(A) A court may exercise personal jurisdiction over a person who acts directly or
by an agent, as to a cause of action arising from the person’s:
8
(3) causing tortious injury by an act or omission in this state; . . . .
(6) causing tortious injury in this state to any person by an act outside
this state committed with the purpose of injuring persons, when he
might reasonably have expected that some person would be injured
thereby in this state; . . . .
Emphasis added. To assert a tortious injury under R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3), a
plaintiff need only make a prima facie showing that it suffered a tortious injury in the state of
Ohio by an act or an omission by the defendant. In Kauffman Racing Equip., the Ohio Supreme
Court concluded that the tort of defamation had been committed in Ohio by a non-resident
defendant who posted allegedly defamatory statements on the Internet when the plaintiff showed
evidence that Ohioans had seen these statements on the Internet, thus meeting the material
element of publication of the comments in Ohio. Id. at ¶¶ 41-42, citing Keeton v. Hustler
Magazine, Inc., 465 U.S. 770, 777 (1984); Fallang v. Hickey, 40 Ohio St.3d 106, 107 (1988).
The Ohio Supreme Court in Kauffman Racing Equip. also concluded that “even if” the
defendant had not published his internet postings within the state of Ohio, the defendant was “not
shielded from the reach of Ohio’s long arm” statute. Kauffman Racing Equip. at ¶ 43. The
Court concluded that R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) allow an Ohio court to exercise
personal jurisdiction over a non-resident defendant and provide for effective service of process
“if the cause of action arises from a tortious act committed outside Ohio with the purpose of
injuring persons, when the nonresident defendant might reasonably have expected that some
person would be injured thereby in Ohio.” Kauffman Racing Equip. at ¶ 43, citing Clark v.
Connor, 82 Ohio St.3d 309, 313 (1998).
In Kauffman Racing Equip., the Ohio Supreme Court found that although the defendant’s
publication of his tortious comments did not emanate from Ohio, that the plaintiff made a prima
facie showing that the tortious comments were published in Ohio, meaning that the tort was
9
committed in Ohio. Id., citing Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777 (1984);
Fallang at 107. The Ohio Supreme Court reasoned: “Roberts posted his allegedly defamatory
statements on the Internet, ostensibly for the entire world to see.” Kauffman Racing Equip. at
¶ 42 (emphasis added). Because the plaintiff produced evidence that Ohioans saw the
defendant’s postings, the Ohio Supreme Court found that the defendant’s statements were
published in Ohio, the alleged tort was committed in Ohio and that R.C. 2307.382(A)(3) and
Civ.R. 4.3(A)(3) were applicable. Id. Alternatively, the Ohio Supreme Court concluded in
Kauffman Racing Equip. that the requirements under R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9)
were met when defamatory statements made outside Ohio had the purpose of injuring persons in
Ohio, then there is a reasonable expectation that the purposefully inflicted injury will occur in
Ohio. Id. at ¶ 44.
B. If a Court finds personal jurisdiction under R.C. 2307.382(A), it must next
determine whether its exercise of personal jurisdiction will comport with an
out-of-state defendant’s Due Process rights.
Even if this Court concludes that DAH, LLC has made a prima facie showing under R.C.
2307.382(A) and Civ.R. 4.3(A), then Ohio law requires a court to consider whether exercising
personal jurisdiction will violate an out-of-state defendant’s rights to due process of law.
Goldstein at 235. The due process clause under the Fourteenth Amendment limits the power of
state courts to enter judgments against a nonresident. Kulko v. California Superior Court, 436
U.S. 84, 91 (1978). The Due Process clause permits a court to obtain either general or specific
jurisdiction over a non-resident defendant depending on the nature of the defendant’s contacts
with the forum state. Kauffman Racing Equip. at ¶ 46. DAH, LLC has not alleged that Mr.
Maurizio’s contacts with Ohio have been of a “continuous and systematic nature” for this Court
to exercise general jurisdiction. DAH, LLC has alleged that its cause of action is related to or
10
arises out of Mr. Maurizio’s contacts with Ohio for this Court to exercise specific jurisdiction.
Id. at ¶ 47, citing Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 (1984).
Specific jurisdiction is permitted if the defendant’s contacts with Ohio meet the factors
identified in the three-part test established in Southern Machine Co. v. Mohasco Indus., Inc., 401
F.2d 374, 381 (6th Cir. 1968). First, a defendant must purposefully avail himself of the privilege
of acting in the state or causing a consequence in the state. Second, the causes of action must
arise from the defendant’s activities. Third, the defendant’s actions or the consequences of
defendant’s actions must have a substantial enough connection with the state to make a court’s
exercise of jurisdiction over the defendant reasonable. Southern Machine at 381.
When the first two factors are met under the Southern Machine analysis, an inference
arises that the third “reasonableness” factor is also present. Kauffman Racing Equip. at ¶ 71.
Among the factors relevant to the reasonableness inquiry are that a state has a significant interest
in redressing injuries that actually occur within the state and “that a high degree of unfairness is
required to erect a constitutional barrier against jurisdiction.” Kauffman Racing Equip. at ¶ 72
(citations omitted).

Soapboxmom

08-07-2012, 09:44 PM

V. THIS COURT SHOULD CONCLUDE THAT DAH, LLC HAS MADE A PRIMA
FACIE SHOWING THAT THIS COURT HAS PERSONAL JURISDICTION
OVER MR. MAURIZIO.
Under Ohio law, nonresident defendants cannot use the Internet as a shield to protect
them from the consequences of otherwise intentionally tortious conduct. Acting in concert with
others to tortiously interfere with another’s contracts or business relations and publishing
statements intended to injure another’s business reputation, exposing another to public ridicule,
shame and/or disgrace for the purpose of adversely affecting another in its trade, business, or
profession are intentional torts whether such acts are committed with older technology, such as
11
writing letters, or such acts are committed with new technology such as the Internet. This Court
must view all allegations in the pleadings and the documentary evidence in a light most
favorable to Kauffman Racing Equip. at ¶ 72, LLC and must resolve all competing inferences in
its favor. Kauffman Racing Equip. at ¶ 27. This Court should conclude that Kauffman Racing
Equip. at ¶ 72, LLC has made a prima facie showing in its Third-Party Complaint that this Court
should exercise personal jurisdiction over Mr. Maurizio and deny the Motion to Dismiss.
A. DAH, LLC has met its burden to make a prima facie showing of personal
jurisdiction under R.C. 2307.382(A).
DAH, LLC has made a prima facie showing under R.C. 2307.382(A)(3) that Mr.
Maurizio has caused tortious injury to it by an act in Ohio and/or under R.C. 2307.382(A)(6) that
Mr. Maurizio caused tortious injury in Ohio to DAH, LLC by an act outside of Ohio committed
with the purpose of injuring DAH, LLC, when Mr. Maurizio might reasonably have expected
that DAH, LLC would be injured thereby in Ohio. By alleging that Mr. Maurizio posted
comments and about alleged criminal activity and/or alleged unethical conduct by DAH, LLC
concerning other economic development projects in Pahrump, Nevada and Montgomery County,
Texas, DAH, LLC has made a prima facie showing that Mr. Maurizio has published statements
that are defamatory per se and/or per quod and has published those statements on the Internet
“ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶ 42. DAH, LLC, has
presented the Affidavits of Steven Carne, Shelli Nestle, and Roger Reynolds, all citing to
http://pah.stparchive.com/Archive/PAH/PAH0119212p17.php (in paragraph 2 of each affidavit),
an archived letter to the editor published on January 19, 2012, calling Mr. Holbrook a “snake oil
salesman”, which is defamatory per se. Thus, at least 3 Ohioans have seen and downloaded
voluminous false and derogatory comments from various websites, which began well before
February 28, 2012. Furthermore, Mr. Maurizio has posted and re-posted comments by other
12
Third-Party Defendants including but not limited to Heather Dobrott, Cynthia Calvert, on
interactive websites such as www.realscam.com and Ourtribune.com (http://www.ourtribune.com), among others, to
exploit search engine optimization on search websites so that negative and defamatory postings
“go viral” and are listed at the top of search results for DAH, LLC, “Don Allen Holbrook”, or
“Don Holbrook”, which are seen and downloaded in Ohio. Thus, under the holding in Kauffman
Racing Equip., Mr. Maurizio’s comments and links posted on the Internet were published in
Ohio. Id.
Moreover, this Court should resolve any reasonable competing inferences in favor of
DAH, LLC by concluding that it is reasonable that the “internet research” given to Mr. Campbell
and to Mayor Fisher were printed pages from Third-Party Defendants, including Mr. Maurizio’s
defamatory statements about DAH, LLC’s business reputation and conduct relating to work with
development projects in Nevada and Texas. Furthermore, DAH, LLC has alleged, and Mr.
Maurizio has not denied, that Mr. Maurizio worked in concert with other Third-Party Defendants
by posting links to each others’ websites and comments, that the Third-Party Defendants were
engaged in a civil conspiracy, and as a proximate result of the civil conspiracy to defame DAH,
LLC, to tortiously interfere with the Agreement with the City by procuring its breach.
Under R.C. 2307.382(A)(3), DAH, LLC has made a prima facie showing that it was
injured in Ohio based on the statement that Mayor Fisher made to Mr. Carne on March 15, 2012,
the day after the City breached the Agreement, that “internet research” had been given to Mr.
Campbell and to him. Carne Aff., ¶ 6. Notably, none of the Third-Party Defendants to date have
denied posting negative statements on the Internet about DAH, LLC or have shown that others
not named as parties are responsible for the postings. Alternatively, under R.C. 2307.382(A)(6),
DAH, LLC has made a prima facie showing that it was injured by an act outside Ohio committed
13
with the purpose of injuring DAH, LLC, when Mr. Maurizio might reasonably have expected
that DAH, LLC would be injured thereby in Ohio. This Court should conclude that DAH, LLC
has met its burden to make a prima facie showing under R.C. 2307.382(A)(3) and (6) that this
Court has personal jurisdiction over Mr. Maurizio.
B. DAH, LLC has met its burden to make a prima facie showing that exercising
personal jurisdiction over Mr. Maurizio will not violate his due process
rights.
DAH, LLC has asserted that this Court has specific jurisdiction over Mr. Maurizio by
alleging that its causes of action arise out of or are related to his contacts with Ohio. Under the
three-part test from Southern Machine Co., DAH, LLC has shown first, that Mr. Maurizio
purposefully availed himself of the privilege of acting in Ohio or causing a consequence in Ohio
by posting defamatory comments on the Internet about the professional reputation and conduct
of DAH, LLC. Second, DAH, LLC has shown that the causes of action arise from Mr.
Maurizio’s activities on the Internet which have been seen in Ohio. Third, Mr. Maurizio’s acts
or the consequences caused by his acts have a substantial enough connection with Ohio to make
the exercise of personal jurisdiction reasonable. Southern Machine Co. v. Mohasco Industries,
Inc., 401 F.2d 374, 381 (6th Cir. 1968). If the first two factors of this test are satisfied, then a
reasonable inference arises that the third factor is also present. Kauffman Racing Equip. at ¶ 71
(citations omitted).
DAH, LLC has met its burden to show that Mr. Maurizio has purposefully availed
himself of the privilege of acting in Ohio or causing consequences in Ohio by posting comments
on interactive websites and re-posting links to others’ postings on the Internet intended to harm
the business reputation of and to adversely affect DAH, LLC in its trade, its business, or
profession. Mr. Maurizio’s actions, by posting and re-posting his own and others’ defamatory
14
comments about DAH, LLC, specifically exploit search engine optimization logarithms on
search engine websites so that the negative comments appear at the beginning of search results
for “Don Allen Holbrook, LLC”, “Don Allen Holbrook”, or “Don Holbrook” constituting cyberbullying,
cyber-stalking, and cyber-harassment, for the whole world to see on the Internet,
including Ohio.
In Kauffman Racing Equip., the Ohio Supreme Court followed the analysis in Calder v.
Jones, 465 U.S. 783 (1984) and rejected the analysis in Reynolds v. Internatl. Amateur Athletic
Fedn., 23 F.3d 1110 (6th Cir. 1994), neither of which involved Internet communications of
defamatory material. Kauffman Racing Equip. at ¶ 61. Notably, the Court in Kauffman Racing
Equip. rephrased the conclusion in Calder to the following question relevant to the facts before
it: “should a company injured in Ohio need to go to Virginia to seek redress from a person who,
though remaining in Virginia, knowingly caused injury in Ohio?” Id. at ¶ 56. Then, examining
cases involving defamatory material on the Internet, the Court looked at Cadle Co. v.
Schlictmann, 123 Fed. Appx. 675 (6th Cir. 2005) (no personal jurisdiction because alleged
defamatory statements on defendant’s passive website were not related to plaintiff’s activities in
Ohio) and Oasis Corp. v. Judd, 132 F. Supp. 2d 612 (S.D. Ohio 2001) (no personal jurisdiction
because no evidence that defendants’ communications were received by anyone in Ohio other
than plaintiff). Id. at ¶¶ 62-63.
Given the voluminous nature of these comments by Mr. Maurizio in concert with others
on interactive websites which have been seen in Ohio, his contacts are not “random”,
“fortuitous”, or “attenuated”, but instead show that he has created a substantial connection with
Ohio rising to purposeful availment, by which he should have reasonably anticipated being haled
into court in Ohio, where DAH, LLC was also acting under an Agreement with the City of Huber
15
Heights as an economic developer. This Court should resolve competing inferences in favor of
DAH, LLC and conclude that Mr. Maurizio knew about the Agreement with the City at least by
February 7, 2012 or by February 29, 2012, when Mr. Adams reported receiving a telephone call
from a reporter.
The Court in Kauffman Racing Equip. concluded that the “effects analysis” in Calder
requires conduct “‘calculated to cause injury’ in a ‘focal point’ where the ‘brunt’ of the injury is
experienced.” Kauffman Racing Equip. at ¶ 66 (citation omitted). The content of Mr.
Maurizio’s postings and his actions in re-posting others’ comments shows that he intended to
harm the professional reputation of DAH, LLC and which proximately resulted in harm to DAH,
LLC in Ohio. This Court should conclude that DAH, LLC has made a prima facie showing that
Mr. Maurizio purposefully availed himself of Ohio law.
Second, Mr. Maurizio’s contacts with Ohio are related to the operative facts alleged in
the Third-Party Complaint so that the causes of action have a substantial connection with Mr.
Maurizio’s activities in Ohio. Id. at ¶ 70. By posting and re-posting comments on interactive
websites to exploit search engine optimization logarithms, so that any time the names “Don
Allen Holbrook, LLC”, “Don Allen Holbrook”, or “Don Holbrook” were searched on Internet
search websites, negative comments appeared at the top of any search results to the detriment of
DAH, LLC. Mr. Maurizio thus maintained contacts with Ohio.
Finally, this Court should infer because the first two factors are present, the third factor is
also met. Specifically, while there are a number of factors to consider under the reasonable
inquiry centering on a plaintiff’s residency in the forum, they are not the only factors to consider.
Id. at ¶ 72. Singular among the reasons that the claims against Mr. Maurizio should be tried in
Ohio is the fact that the City has sued DAH, LLC here. Notably, a state has a significant interest
16
in redressing injuries that occur within the state. Id. Moreover, the Court in Kauffman Racing
Equip. noted that a high degree of unfairness is required to erect a constitutional barrier against
jurisdiction. Thus, this Court should conclude that DAH, LLC has met the three factors under
the Southern Machine analysis and that the exercise of personal jurisdiction over Mr. Maurizio
will not deprive him of his due process rights.
VI. CONCLUSION
In sum, this Court should view the evidence in a light most favorable to DAH, LLC,
should conclude that DAH, LLC has made a prima facie showing of personal jurisdiction over
Mr. Maurizio under the long-arm statute, that the exercise of personal jurisdiction will not
deprive him of his rights of due process, and deny Mr. Maurizio’s Motion to Dismiss and to
quash service of process.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant Don Allen
Holbrook, LLC
17
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served by the Court’s e-filing system or by
ordinary mail on this 7th day of August, 2012, upon the following:
L. Michael Bly (mbly@pselaw.com)
Joshua M. Kin (jkin@pselaw.com)
Pickerel, Schaeffer & Ebeling Co.
2700 Kettering Tower
Dayton, Ohio 45423
Attorneys for Plaintiff
Robert P. Bartlett, Jr. (rbartlett@ficlaw.com)
Andrew J. Reitz (areitz@ficlaw.com)
Faruki Ireland & Cox PLL
500 Courthouse Plaza, SW
10 North Ludlow Street
Dayton, Ohio 45402
Attorneys for Third-Party Defendants Stephens
Media, LLC dba Pahrump Valley Times; and
The Houston Press, The Houston Press dba
Village Voice Media Holdings, LLC dba
Houston Press, LP dba Backpage.com, LLC
and Craig Malisow
Adam R. Webber
Falke & Dunphy, LLC
30 Wyoming Street
Dayton, Ohio 45409
Attorney for Heather Dobrott, Cynthia Calvert
The Tribune, aka, Ourtribune.com
Frank Maurizio
581 China Street
Pahrump, Nevada 89048-0782
s/Sue Seeberger

Soapboxmom

08-07-2012, 10:12 PM

What a load!!

Remember what Seeberger alleged in her ridiculous and totally misleading original complaint:

26. Upon information and belief and sometime on or before February 29, 2012,
defamatory, untrue, derogatory, and false statements about Don Allen Holbrook, LLC were
posted by internet bloggers Dobrott, Maurizio, and articles were posted on the internet by
Malisow and Calvert on various websites, including but not limited to realscam.com,
pvtimes.com, houstonpress.com, ourtribune.com, and were re-posted to exploit search engine
optimization logarithms to cause harm to Don Allen Holbrook, LLC.

Seeberger is stuck with what she wrote. What will be considered by the court are these few early postings. The city sent that goofball packing on March 14th. Frank Maurizio and were not in touch during that time either. So, I guess for her conspiracy theory and interfering with the contract between Holbrook and the city of Huber Heights, she will have to prove that my time travel broomstick was employed. How idiotic!

littleroundman

08-07-2012, 10:23 PM

one wonders if the fact Ohio notoriously has no anti SLAPP legislation is what's behind this whole suing-in-Ohio thing

Soapboxmom

08-07-2012, 11:15 PM

http://profile.ak.fbcdn.net/hprofile-ak-snc4/157784_1630953078_1500536365_n.jpg

Roger G Reynolds (http://www.facebook.com/roger.g.reynolds)

Work and Education

http://profile.ak.fbcdn.net/static-ak/rsrc.php/v2/ym/r/t6iv9Q7G_NF.png (http://www.facebook.com/pages/gm-delphi-tenneco/107639125934435) g.m.-delphi-tenneco (http://www.facebook.com/pages/gm-delphi-tenneco/107639125934435)
Hourly · 1985 to present · Kettering, Ohio
grinder operator
http://external.ak.fbcdn.net/safe_image.php?d=AQBfuNSPQzoI6-wR&w=50&h=50&url=http%3A%2F%2Fupload.wikimedia.org%2Fwikipedia% 2Fen%2F4%2F4a%2FDC3Cwarrior.jpg&crop&fallback=hub_education&prefix=q (http://www.facebook.com/pages/Dayton-Christian-High-School/107723265924452) Dayton Christian High School (http://www.facebook.com/pages/Dayton-Christian-High-School/107723265924452)
Dayton, Ohio
http://profile.ak.fbcdn.net/static-ak/rsrc.php/v2/ym/r/t6iv9Q7G_NF.png (http://www.facebook.com/pages/none/144139708937863) none (http://www.facebook.com/pages/none/144139708937863)
Top Of The World, California

http://profile.ak.fbcdn.net/hprofile-ak-snc4/211920_708788192_751106074_q.jpg (http://www.facebook.com/mnestle0821) Shelli Nestle (http://www.facebook.com/mnestle0821)

Don Holbrook had two old high school friends submit identical Affidavits.

1489

http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index3.html#post19630

Shelli Nestle's comments on here and the Facebook page were made at the end of April. She was reading and complaining long after Holbrook got the boot from Huber Heights, Ohio. All the comments she could have seen were about Pahrump and Texas. No one was discussing Ohio until the suit was filed. My first comment about Ohio was made on April 29th. And, notice 2 of the 3 things they list as defamatory threads or posts were not written by me. As yet, they have not identified a single false statement of fact by anyone. I assume Nestle, Reynold's and Seeberger have those false statements of fact enumerated and the substantiation needed to prove that up in court. What complete buffoons!

Soapboxmom

Perjury.

Soapboxmom

08-07-2012, 11:27 PM

The third Affiant was present at the meetings with Huber Heights as a guest. He is obviously willing to ignore the obvious. There were very very few postings about Don Holbrook before Febrruary 28th and he isn't pointing out and refuting even a single false statement of fact. It looks like he might have well had some fingers in the pie hoping to milk this deal. No doubt Holbrook told him of the fortune he had made in Texas.

http://profile.ak.fbcdn.net/hprofile-ak-snc4/274777_100000668758812_2053211379_q.jpg (http://www.facebook.com/steven.carne.31)Steven Carne (http://www.facebook.com/steven.carne.31) About (http://www.realscam.com/)

Owner at Steven Carne Consulting Services (http://www.facebook.com/pages/Steven-Carne-Consulting-Services/187787917947587)Studied at The Ohio State University (http://www.facebook.com/osu)Lives in Dayton, Ohio (http://www.facebook.com/pages/Dayton-Ohio/104023459634857)From Dayton, Ohio (http://www.facebook.com/pages/Dayton-Ohio/104023459634857)

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(http://www.facebook.com/steven.carne.31/favorites)

Work and Education

Employers

http://profile.ak.fbcdn.net/static-ak/rsrc.php/v2/ym/r/t6iv9Q7G_NF.png (http://www.facebook.com/pages/Steven-Carne-Consulting-Services/187787917947587) Steven Carne Consulting Services (http://www.facebook.com/pages/Steven-Carne-Consulting-Services/187787917947587)
Owner · Apr 2011 to present · Dayton, Ohio
Owner of Steven Carne Consulting Services in Dayton, Ohio utilizing his 35 years experience, offering professional services to a wide range of clients in the private, public and non-profit sectors.

Specializing in Economic development, site location, due diligence, land use, planning, zoning, historic preservation, project management, collaboration and fundraising.
http://profile.ak.fbcdn.net/hprofile-ak-snc4/50276_47806554955_3432_q.jpg (http://www.facebook.com/cityofdayton) City of Dayton, Ohio (http://www.facebook.com/cityofdayton)
Last position - Acting Manager of Building Inspection · 1977 to 2011 · Dayton, Ohio
Worked in the Departments of Building Services, Economic Development and Planning

College

http://profile.ak.fbcdn.net/hprofile-ak-snc4/373048_6711658857_772034278_q.jpg (http://www.facebook.com/osu) The Ohio State University (http://www.facebook.com/osu)
Class of 1976 · Columbus, Ohio
http://external.ak.fbcdn.net/safe_image.php?d=AQAx5XW9t5f8HV-y&w=50&h=50&url=http%3A%2F%2Fupload.wikimedia.org%2Fwikipedia% 2Fen%2F5%2F57%2FSinclairlogo.PNG&crop&fallback=hub_education&prefix=q (http://www.facebook.com/pages/Sinclair-Community-College/112506135428220) Sinclair Community College (http://www.facebook.com/pages/Sinclair-Community-College/112506135428220)
Dayton, Ohio
http://profile.ak.fbcdn.net/hprofile-ak-snc4/50530_55528788113_602351385_q.jpg (http://www.facebook.com/UWMadison) University of Wisconsin-Madison (http://www.facebook.com/UWMadison)
Madison, Wisconsin

High School

http://profile.ak.fbcdn.net/static-ak/rsrc.php/v2/yy/r/v8doHqXa0TN.png (http://www.facebook.com/pages/Fairview-High-School-Dayton-Ohio/106455382724037) Fairview High School, Dayton, Ohio (http://www.facebook.com/pages/Fairview-High-School-Dayton-Ohio/106455382724037)
Class of 1970 · Dayton, Ohio

Living

http://external.ak.fbcdn.net/safe_image.php?d=AQCu_Dr-RpGkkYbu&url=http%3A%2F%2Ffb.ecn.api.tiles.virtualearth.net %2Fapi%2FGetMap.ashx%3Fb%3Dr%252Cmkt.en-US%252Cstl.fb%26key%3DAqSHdMNkhSvgWwMhbqyiqgW1IhMN eV56Gb0WkfgEDm6jSsfX9gDGmlOUEt3i44Jk%26td%3DD1%26h %3D80%26w%3D80%26ppl%3D54%252C%252C39.7627%252C-84.1967%26z%3D4&jq=100 (http://www.realscam.com/l.php?u=http%3A%2F%2Fbing.com%2Fmaps%2Fdefault.asp x%3Fv%3D2%26pc%3DFACEBK%26mid%3D8100%26where1%3DDa yton%252C%2BOhio%26name%3DDayton%252C%2BOhio%26mkt %3Den-US&h=oAQEQKr0u&s=1)
Dayton, Ohio (http://www.facebook.com/pages/Dayton-Ohio/104023459634857) Current City

http://external.ak.fbcdn.net/safe_image.php?d=AQCu_Dr-RpGkkYbu&url=http%3A%2F%2Ffb.ecn.api.tiles.virtualearth.net %2Fapi%2FGetMap.ashx%3Fb%3Dr%252Cmkt.en-US%252Cstl.fb%26key%3DAqSHdMNkhSvgWwMhbqyiqgW1IhMN eV56Gb0WkfgEDm6jSsfX9gDGmlOUEt3i44Jk%26td%3DD1%26h %3D80%26w%3D80%26ppl%3D54%252C%252C39.7627%252C-84.1967%26z%3D4&jq=100 (http://www.realscam.com/l.php?u=http%3A%2F%2Fbing.com%2Fmaps%2Fdefault.asp x%3Fv%3D2%26pc%3DFACEBK%26mid%3D8100%26where1%3DDa yton%252C%2BOhio%26name%3DDayton%252C%2BOhio%26mkt %3Den-US&h=-AQGuxVcD&s=1)
Dayton, Ohio (http://www.facebook.com/pages/Dayton-Ohio/104023459634857) Hometown

History by Year

2011

Started Working at Steven Carne Consulting Services (http://www.realscam.com/steven.carne.31/timeline/story?ut=32&wstart=1301641200&wend=1304233199&hash=232485400117083&pagefilter=3&ustart=1)
Left Job at City of Dayton, Ohio (http://www.realscam.com/steven.carne.31/timeline/story?ut=32&wstart=220953600&wend=1296547199&hash=232491976783092&pagefilter=3)

1977

Started Working at City of Dayton, Ohio (http://www.realscam.com/steven.carne.31/timeline/story?ut=32&wstart=220953600&wend=1296547199&hash=232491976783092&pagefilter=3&ustart=1)

1976

Graduated from The Ohio State University (http://www.realscam.com/steven.carne.31/timeline/story?ut=32&wstart=-2649600&wend=192009599&hash=232473850118238&pagefilter=3)

1970

Graduated from Fairview High School, Dayton, Ohio (http://www.realscam.com/steven.carne.31/timeline/story?ut=32&wstart=-2649600&wend=2707199&hash=192625184103105&pagefilter=3)

4.
CITY OF HUBER HEIGHTS
STATE OF OHIO
Administration Committee Meeting Minutes
Name of Body: Administration Committee
Date: August 31, 2011
Time: 5:00 P.M.
Place: City Hall — 6131 Taylorsville Road ~
Council Conference Room
Members Present:
Mark Campbell, Chair, Administration Committee
Karen Kaleps, Administration Committee
Jan Vargo, Administration Committee
Roger Hensley, Administration Committee
Jim Ellis, Councilmember
Judy Blankenship, Councilrnernber
David Wilson, Councilmember
Tyler Starline, Councilmember
Ron Fisher, Mayor
. Guests Present:
City Staff Present: Gary Adams, Don Jones and Anthony Rodgers.
Guests Present: Ed Lyons, Bill Jump, Steve Carne, Chris Brown, Don
Holbrook and Tom McMasters.
Approval of Minutes
The following minutes were approved unanimously at the beginning of
this meeting:
o August 16, 2011

Page 5

8. Topics of Discussion:
0 Economic Development Discussion and Updates
0 Purchase or Acquisition of Real Estate Property
0 Recreational Facilities Planning
0 Liquor Permit Approval — Roosters — 5571 Merily Way
0 Ordinance Review Commission Recommendations
9. Recommendations / Actions:
Mr. Campbell convened the Administration Committee meeting at 5:05
PM. l\/Ir. Campbell stated that a reordering of the agenda items for the
meeting would be necessary to accommodate some of the meeting
participants’ schedules. The Administration Committee unanimously
agreed to the reordering of the agenda for this reason
Economic Development Discussion and Updates
Mayor Fisher introduced Steve Carne, Chris Brown and Don Holbrook.
He said he had been introduced to Chris Brown and Don Holbrook
through Steve Carne, a local resident and acquaintance. He said that they
are interested in assessing opportunities in Huber Heights for economic
development, particularly unique entertainment destination
developments. Steve C31‘1'16, Chris Brown and Don Holbrook gave
overviews of their backgrounds and Work experiences. Chris Brown and
Don Holbrook spoke at length about some of the entertainment
development projects that they have been involved in across the country.
Don Holbrook was a native of Vandalia, Ohio but now lives in Las
Vegas. Chris Brown lives in California. They believe that Huber
Heights is uniquely positioned to support such a development and offered
their services in developing a plan to assess what type of development
would best ﬁt this community.
After discussion, the Administration Committee unanimously agreed that
Gary Adams would work with Chris Brown and Don Holbrook on
developing a proposal for their assistance with this type of economic
development project and will bring back the proposal to the
Administration Committee for review and discussion at a future meeting
of the committee.

Whip

08-08-2012, 08:11 AM

Don Holbrook had two old high school friends submit identical Affidavits.

1489

http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index3.html#post19630

Shelli Nestle's comments on here and the Facebook page were made at the end of April. She was reading and complaining long after Holbrook got the boot from Huber Heights, Ohio. All the comments she could have seen were about Pahrump and Texas. No one was discussing Ohio until the suit was filed. My first comment about Ohio was made on April 29th. And, notice 2 of the 3 things they list as defamatory threads or posts were not written by me. As yet, they have not identified a single false statement of fact by anyone. I assume Nestle, Reynold's and Seeberger have those false statements of fact enumerated and the substantiation needed to prove that up in court. What complete buffoons!

Soapboxmom

Perjury.

I wonder if that's his sister. Her facial features look exactly like him.

Soapboxmom

08-08-2012, 08:59 AM

http://m2.licdn.com/mpr/mpr/shrink_150_150/p/2/000/09b/1b4/237a66f.jpg (http://m1.licdn.com/media/p/2/000/09b/1b4/237a66f.jpg)

3rd Steven M. Carne

Owner at Steven Carne Consulting Services
Dayton, Ohio Area (http://www.linkedin.com/search?search=&sortCriteria=R&keepFacets=true&facet_G=us%3A200) Management Consulting (http://www.linkedin.com/search?search=&industry=11&sortCriteria=R&keepFacets=true)

Current (http://www.linkedin.com/pub/steven-m-carne/1a/876/990#profile-experience)

Wildlife Conservation Foundation For Ohio (http://www.linkedin.com/search?search=&currentCompany=C&company=Wildlife+Conservation+Foundation+For+Ohio&sortCriteria=R&keepFacets=true)
, Ohio's Great Corridor Association (http://www.linkedin.com/search?search=&currentCompany=C&company=Ohio%27s+Great+Corridor+Association&sortCriteria=R&keepFacets=true)
, Steven Carne Consulting Services (http://www.linkedin.com/search?search=&currentCompany=C&company=Steven+Carne+Consulting+Services&sortCriteria=R&keepFacets=true)

Previous (http://www.linkedin.com/pub/steven-m-carne/1a/876/990#profile-experience)

City of Dayton (http://www.linkedin.com/company/32255?trk=prof-0-ovw-pos)
, seedling Foundation, Stivers School for the Arts (http://www.linkedin.com/search?search=&currentCompany=C&company=seedling+Foundation%2C+Stivers+School+for+ the+Arts&sortCriteria=R&keepFacets=true)
, Sinclair Community College (http://www.linkedin.com/company/19231?trk=prof-0-ovw-pos)

Education (http://www.linkedin.com/pub/steven-m-carne/1a/876/990#profile-education)

BS, Architecture at The Ohio State University

436 connections
Connect (http://www.linkedin.com/people/invite?from=profile&key=67839228&firstName=Steven+M%2E&lastName=Carne&authToken=UdRJ&authType=name&goback=%2Enpp_%2Fsteven*5m*5carne%2F1a%2F876%2F990&trk=prof-0-sb-connect-primary) Send InMail (http://www.linkedin.com/requestList?displayProposal=&destID=67839228&creationType=DC&authToken=UdRJ&authType=name&utm_source=Profile_inmail&utm_medium=onsite&utm_campaign=Subs&goback=%2Enpp_%2Fsteven*5m*5carne%2F1a%2F876%2F990&trk=prof-0-sb-inmail-secondary) More options

Steven M. Carne | LinkedIn (http://www.linkedin.com/pub/steven-m-carne/1a/876/990)

Summary

Owner of Steven Carne Consulting Services in Dayton, Ohio utilizing his 35 years experience, offering professional services to a wide range of clients in the private, public and non-profit sectors.
Specialties

Economic development, site location analysis, due diligence, land use, planning, zoning, historic preservation, collaboration and fundraising

Experience

Ohio's Great Corridor Association (http://www.linkedin.com/search?search=&currentCompany=C&company=Ohio%27s+Great+Corridor+Association&sortCriteria=R&keepFacets=true)

April 2010 – Present (2 years 5 months)
Ohio's Great Miami River Corridor promotes a quality of life that keeps Ohio's talent in Ohio. It is the focus of private investment, a job-generator, and tourist destination.

Owner (http://www.linkedin.com/search?search=&title=Owner&sortCriteria=R&keepFacets=true&currentTitle=C)

Steven Carne Consulting Services (http://www.linkedin.com/search?search=&currentCompany=C&company=Steven+Carne+Consulting+Services&sortCriteria=R&keepFacets=true)

April 2009 – Present (3 years 5 months)
Providing economic development, site location analysis, due diligence, land use, planning, zoning, historic preservation, collaboration and fundraising services.
Steven M. has 2 recommendations (http://www.linkedin.com/pub/steven-m-carne/1a/876/990#recommendations) (2 partners) including:

Nick K. (http://www.linkedin.com/profile/view?id=15912419&authType=name&authToken=JgM5&goback=%2Enpp_%2Fsteven*5m*5carne%2F1a%2F876%2F990 ), Vice President, Key-Ads Outdoor
3rd Alan S. (http://www.linkedin.com/profile/view?id=5851651&authType=name&authToken=Gmf_&goback=%2Enpp_%2Fsteven*5m*5carne%2F1a%2F876%2F990 ), Partner, Pickrel, Schaeffer & Ebeling

So, Carne is buddies with an attorney from the firm representing the city of Huber Heights and also buddies with Don Holbrook. The city opines in its filing, "Though Holbrook’s actions are under scrutiny across the nation, this Court need not resolve Holbrook’s affairs in Texas, Nevada, Arizona, or any other state in which its actions have faced scrutiny. " If Carne wants to do more economic development, he might want to be careful who he associates himself with publicly.

I would also bet Carne has read very little or almost nothing. If these Affiants had been reading they should be able to identify the "voluminous internet based web pages" with the "untrue, defamatory and negative" statements made on or before February 28th that they had downloaded. I only had a handful of posts related to Holbrook by then on this site, which is where I do the majority of my blogging and investigative reporting. Try 13 to be exact:
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/

I had not had any contact with Frank Maurizio until much much later. We received identical Cease and Desist letters from Holbrook's attorney in May and that should be a big hint. I guess the time travel broomstick must have been in action again. I have no plans on turning that thing over in discovery either.

pantherdadX2

08-08-2012, 09:27 AM

Is your broomstick a Nimbus 2000, Soapboxmom? If so, according to Sir Gasbag and Si Sueburger's claims of a million miles traveled, I would suggest you take it in for a tune-up!!!

Soapboxmom

08-08-2012, 11:14 AM

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
MEMORANDUM IN OPPOSITION OF
DEFENDANT/THIRD-PARTY
PLAINTIFF DON ALLEN
HOLBROOK, LLC TO THIRD-PARTY
DEFENDANT HEATHER DOBROTT’S
MOTION TO DISMISS FOR LACK OF
PERSONAL JURISDICTION AND
MOTION TO QUASH SERVICE OF
PROCESS
I. INTRODUCTION
Defendant/Third-Party Plaintiff Don Allen Holbrook, LLC (“Defendant” or “DAH,
LLC”) opposes Third-Party Defendant Heather Dobrott’s Motion to Dismiss for Lack of
Personal Jurisdiction and Motion to Quash Service of Process (“Dobrott Motion to Dismiss”) to
dismiss the Second Amended Third-Party Complaint (“Third-Party Complaint”) filed against her
under the holding in Kauffman Racing Equip., LLC v. Roberts, 126 Ohio St.3d 81, 2010-Ohio-
255, ¶ 74, in which the Ohio Supreme Court refused “to allow a non-resident defendant to take
advantage of the conveniences that modern technology affords and simultaneously be shielded
from the consequences of [her] intentionally tortious conduct.” Id. Thus, DAH, LLC asks this
Court to deny the Dobrott Motion to Dismiss and to quash service of process and to conclude
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, August 07, 2012 3:45:16 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17413322
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
2
that this Court has personal jurisdiction over Heather Dobrott (“Mrs. Dobrott”) under R.C.
2307.382(A)(3) and (6) and that she has been properly served with process under Civ.R.
4.3(A)(3) and (9) and to conclude that exercising personal jurisdiction over Mrs. Dobrott will not
violate the Due Process clause of the United States Constitution.
II. STATEMENT OF FACTS
DAH, LLC is an Arizona limited liability company registered to conduct business in the
State of Ohio and also conducts business around the United States of America and elsewhere as
an economic developer in the public and private sectors. Third-Party Complaint, ¶ 1. Mrs.
Dobrott resides in Garland, Texas. Affidavit of Heather Dobrott (“Dobrott Aff.”), ¶ 1. Mrs.
Dobrott concedes that she published statements on the Internet under the user name
“soapboxmom” regarding DAH, LLC to a Nevada based website at www.realscam.com.
Dobrott Aff., ¶ 6. Contrary to Mrs. Dobrott’s attestion in paragraph 6 of her Affidavit, there is
no Exhibit A attached to her Affidavit. Thus, there is no submitted to this Court that Mrs.
Dobrott has not made statements about Don Holbrook, Holbrook, or Don Allen Holbrook, LLC
before the City breached the Agreement. Should Exhibit A to Mrs. Dobrott’s Affidavit be
attached to her reply memorandum, DAH, LLC will respond in a timely manner to any evidence
therein.
Mrs. Dobrott regularly and frequently blogs, posts, re-posts, and posts links to
defamatory, derogatory, and false statements on a variety of websites and blogs, including but
not limited to defamatory, derogatory, and false statements about DAH, LLC, at least since
February 7, 2012, if not earlier, constituting cyber-stalking and cyber-harassment, including but
not limited to, http://pvtimes.com/news/theme-park-contractor-holbrook-sued-by-ohio-town/;
http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/ pahrump3
nv?q=u:pvtimes.com; http://blogs.houstonpress.com/hairballs/2012/05/Earthquests
_don_holbrook_sued_huber_heights.php; Discussion about the New Caney Dino Park - Houston Dinosaur Park (http://www.houstondinopark.com/discuss.php;) and
Kingwood Underground - the heart and soul of our Kingwood, Texas family (http://kingwoodunderground.com/topic.jsp?topicId=11722526), regularly and frequently posts
links on “www.realscam.com” and other websites to postings and blogs written by Third-Party
Defendant Frank Maurizio, Third-Party Defendant Craig Malisow, Third-Party Defendant
Cynthia Calvert, and others that include defamatory, derogatory, and false statements about
DAH, LLC, in order that such postings exploit search engine optimization on websites such as
Google and other search engine websites so that defamatory, derogatory, and false statements
about DAH, LLC, go “viral” and are listed at the beginning of any search for “Don Allen
Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on the name, on internet
search engines and which postings have been seen and downloaded from the internet by persons
residing in the State of Ohio. Third-Party Complaint, ¶ 2. Mrs. Dobrott concedes that she
published statements on her website concerning “Holbrook’s involvement with development
projects in Pahrump, Nevada and Montgomery County, Texas.” Dobrott Aff., ¶ 9.
Internet postings by “soapboxmom” on www.realscam.com and other websites have been
seen and downloaded by persons in Ohio, including but not limited to Shelli Nestle, Steven
Carne, and Roger Reynolds. See Affidavit of Shelli Nestle (“Nestle Aff.”), ¶¶ 1-2 attached
hereto as Exhibit A; Affidavit of Roger Reynolds (“Reynolds Aff.”), ¶¶ 1-2 attached hereto as
Exhibit B; Affidavit of Steven Carne (“Carne Aff.”), ¶¶ 1-2 and attached hereto as Exhibit C.
All of these negative threads and postings began well before February 28, 2012. Nestle Aff., ¶ 3;
Reynolds Aff., ¶ 3; and Carne Aff., ¶ 3.
DAH, LLC entered an Agreement with the City of Huber Heights, Ohio (“City”) to
perform an economic development business case analysis with the assistance of the City Staff
4
and collaboration of the current developer. Third-Party Complaint, ¶¶ 14-20 and Exhibit 1
attached thereto. The City Council adopted a Resolution on December 12, 2011, approving the
Agreement and payments to DAH, LLC. Third-Party Complaint, ¶¶ 14-16 and Exhibit 2
attached thereto. Under the Agreement, the City was to be invoiced a total of $66,000.00, of
which the City has only paid $53,800.00 leaving an outstanding balance of $12,200.00 owed,
thereby breaching the Agreement. Counterclaim, ¶ 39.
The Agreement stated that the recommended “scope of work . . . . would require the
assistance of the City Staff and collaboration of the current developer to provide information and
collaborate on conceptual development strategies.” See Exhibit 1 attached to the Third-Party
Complaint. Donnie Jones, Assistant City Manager, was directed by former City Manager Gary
Adams to work with DAH, LLC on various incentives and financing models, but failed to do so.
Third-Party Complaint, ¶¶ 22, 24, 25, 30, 31, 33.
In an email dated February 29, 2012 to DAH, 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
DAH, LLC, which Mr. Adams confirmed, and then Mr. Adams told DAH, LLC in an email that
it was a “strange conversation”, but that he was not concerned about it because it did not pertain
to the City. Third-Party Complaint, ¶¶ 12, 26-28.
At a meeting on March 14, 2012 between DAH, LLC and members of the City Staff,
including Mayor Ron Fisher and Mark Campbell, a member of the City Council, Mr. Campbell
said, without any warning to DAH, LLC, that the City no longer wanted a relationship with
DAH, LLC, did not believe that the City had received any value for the monies paid, and
demanded a full refund of all monies paid under the Agreement. Third-Party Complaint, ¶ 34.
Mr. Carne attended an earlier meeting on March 14, 2012, as a member of the Executive
5
Board of the Montgomery County Agricultural Society and is also associated with DAH, LLC.
Carne Aff., ¶ 4. Mr. Carne spoke to Mayor Fisher on March 15, 2012, and Mayor Fisher told
Mr. Carne that Jim Borland, Acting City Manager (after Mr. Adams), gave Mr. Campbell copies
of internet research on DAH, LLC and that Mr. Campbell gave copies to Mayor Fisher. Carne
Aff., ¶ 6.
On March 30, 2012, before the City of Huber Heights filed its lawsuit against DAH,
LLC, the following comment was posted on www.realscam.com:
“Pardon me, but Mr. Holbrook brags of that [sic] 100 projects worth billions that
created 50,000 jobs, but has yet to name even one of these. I want a complete list
so I can verify that he was responsible for these lofty accomplishments he brags
of. His recent projects have been falling through. Earthquest is in bankruptcy
and the charitable institute part of that project is defunct after Don Holbrook
walked away with 33% of the almost 1 million raised. Other projects may well
not go forward as his credentials and accomplishments are being
investigated.”
Third-Party Complaint, ¶ 12 (emphasis added). On April 8, 2012, Mayor Fisher told Mr. Carne
that he wanted to drop the lawsuit against DAH, LLC and walk away. Carne Aff., ¶ 7. On April
10, 2012, Mr. Carne told Mr. Holbrook about his conversations with Mayor Fisher, including the
statements about internet research. Carne Aff., ¶ 8.
III. UNDER OHIO LAW, OHIO COURTS ARE OPEN TO ALL PERSONS.
As a preliminary matter, this Court must reject Mrs. Dobrott’s implicit argument running
throughout her Motion to Dismiss that because DAH, LLC is not an Ohio limited liability
company, it cannot seek redress for an injury it suffered in Ohio in an Ohio court. Mrs.
Dobrott’s argument is contrary to Ohio law. The Ohio Supreme Court has explained that the
“courts of this state are, and always will be, as open to a non-resident plaintiff as to citizens of
this state, provided they meet the necessary statutory requirements imposed by the General
Assembly.” Howard v. Allen, 30 Ohio St.2d 130, 137 (1972).
6
Article I, Section 16 of the Ohio Constitution, the “Open Courts” amendment, is entitled
“Redress in courts” and states in part:
“All courts shall be open, and every person, for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of law, and
shall have justice administered without denial or delay. . . .”
Emphasis added. Thus, under the Ohio Constitution, Ohio courts are open to “every person”, not
just residents of the state. R.C. 1.59(C) states that “‘[p]erson’ includes an individual,
corporation, business trust, estate, trust, partnership, and association.” As the Ohio Supreme
Court explained above in Howard, a non-resident plaintiff may sue in Ohio courts provided it
meets the necessary statutory requirements, which in this case is R.C. 2307.382, the Ohio longarm
statute. Notably, R.C. 2307.382 does not include the word “resident” anywhere to restrict
who may bring a claim for affirmative relief against a non-resident defendant.
IV. UNDER OHIO LAW, THIS COURT HAS PERSONAL JURISDICTION OVER
MRS. DOBROTT.
When a defendant asserts a lack of personal jurisdiction as a defense to a complaint, the
burden is on the plaintiff to establish that the trial court has personal jurisdiction over the
defendant. Enquip Technologies Group, Inc. v. Tycon Technoglass, S.r.l., Greene App. No.
2010-CA-23, 2010-Ohio-6100, at ¶ 10 (2nd Dist.), citing Jurko v. Jobs Europe Agency, 43 Ohio
App.3d 79, 85 (8th Dist. 1975). A plaintiff is required to make only a prima facie showing of
personal jurisdiction to withstand a motion to dismiss. Kauffman Racing Equip., LLC v.
Roberts, 126 Ohio St.3d 81, 2010-Ohio-255, at ¶ 27, citing Fallang v. Hickey, 40 Ohio St.3d
106, 107 (1988). Allegations in pleadings are accepted because under Ohio law, “an admission
in a pleading dispenses with proof and is equivalent to proof of the fact.” J. Miller Express, Inc.
v. Pentz, 107 Ohio App.3d 44, 48 (9th Dist. 1995), citing Rhoden v. Akron, 61 Ohio App.3d 725,
727 (9th Dist. 1988) (“. . . an admission made in pleadings dispenses with the need to prove the
7
truth of the matter admitted.”). Affidavits, depositions, interrogatories, or other oral testimony
may be used because matters relating to personal jurisdiction may not be apparent on the face of
the summons or complaint. Jurko at 85. In considering whether a plaintiff has made its prima
facie showing, a court must (1) view the allegations in the pleadings and any documentary
evidence in a light most favorable to the plaintiff; and (2) resolve all reasonable competing
inferences in favor of the plaintiff. Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
In order for an Ohio trial court to exercise personal jurisdiction over a non-resident
defendant, it uses a two-step analysis to determine: (1) whether R.C. 2307.382(A) and Civ.R.
4.3(A) confer personal jurisdiction; and, if so, (2) whether the exercise of personal jurisdiction
would deprive a non-resident defendant of the right to due process of law under the Fourteenth
Amendment to the United States Constitution. Enquip Technologies Group at ¶ 10, citing
Kauffman Racing Equip. at ¶ 28. Ohio courts use this analysis because R.C. 2307.382 and
Civ.R. 4.3(A) do not confer personal jurisdiction to the limits of the Due Process clause.
Goldstein at 238 n.1. This two-step analysis applies to cases involving the use of the internet and
websites. Kauffman Racing Equip. at ¶ 25. Also, this Court may take limited judicial notice of
website addresses and whether a website is interactive or for informational purposes only. See
Malone v. Berry, 174 Ohio App.3d 122, 2007-Ohio-6501, at ¶ 13 (10th Dist.). Thus, DAH, LLC
has the burden to make a prima facie showing to this Court that it has personal jurisdiction over
Mrs. Dobrott.
A. A plaintiff makes a prima facie showing of personal jurisdiction by alleging
conduct to meet the requirements under R.C. 2307.382(A).
In order for an Ohio court to exercise personal jurisdiction over an out-of-state defendant,
a plaintiff must allege that an out-of-state defendant, directly or by an agent, engaged in specific
enumerated activities identified in R.C. 2307.382(A), including the following sections relevant to
8
DAH, LLC’s claims for civil conspiracy, tortious interference with contract and prospective
business relations, and defamation against Mrs. Dobrott:
(A) A court may exercise personal jurisdiction over a person who acts directly or
by an agent, as to a cause of action arising from the person’s:
(3) causing tortious injury by an act or omission in this state; . . . .
(6) causing tortious injury in this state to any person by an act outside
this state committed with the purpose of injuring persons, when he
might reasonably have expected that some person would be injured
thereby in this state; . . . .
Emphasis added. To assert a tortious injury under R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3), a
plaintiff need only make a prima facie showing that it suffered a tortious injury in the state of
Ohio by an act or an omission by the defendant. In Kauffman Racing Equip., the Ohio Supreme
Court concluded that the tort of defamation had been committed in Ohio by a non-resident
defendant who posted allegedly defamatory statements on the Internet when the plaintiff showed
evidence that Ohioans had seen these statements on the Internet, thus meeting the material
element of publication of the comments in Ohio. Id. at ¶¶ 41-42, citing Keeton v. Hustler
Magazine, Inc., 465 U.S. 770, 777 (1984); Fallang v. Hickey, 40 Ohio St.3d 106, 107 (1988).
The Ohio Supreme Court in Kauffman Racing Equip. also concluded that “even if” the
defendant had not published his internet postings within the state of Ohio, the defendant was “not
shielded from the reach of Ohio’s long arm” statute. Kauffman Racing Equip. at ¶ 43. The
Court concluded that R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) allow an Ohio court to exercise
personal jurisdiction over a non-resident defendant and provide for effective service of process
“if the cause of action arises from a tortious act committed outside Ohio with the purpose of
injuring persons, when the nonresident defendant might reasonably have expected that some
person would be injured thereby in Ohio.” Kauffman Racing Equip. at ¶ 43, citing Clark v.
9
Connor, 82 Ohio St.3d 309, 313 (1998).
In Kauffman Racing Equip., the Ohio Supreme Court found that although the defendant’s
publication of his tortious comments did not emanate from Ohio, that the plaintiff made a prima
facie showing that the tortious comments were published in Ohio, meaning that the tort was
committed in Ohio. Id., citing Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777 (1984);
Fallang at 107. The Ohio Supreme Court reasoned: “Roberts posted his allegedly defamatory
statements on the Internet, ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶
42. Because the plaintiff produced evidence that Ohioans saw the defendant’s postings, the Ohio
Supreme Court found that the defendant’s statements were published in Ohio, the alleged tort
was committed in Ohio and that R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3) were applicable. Id.
Alternatively, the Ohio Supreme Court concluded in Kauffman Racing Equip. that the
requirements under R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) were met when defamatory
statements made outside Ohio had the purpose of injuring persons in Ohio, then there is a
reasonable expectation that the purposefully inflicted injury will occur in Ohio. Id. at ¶ 44.
B. If a Court finds personal jurisdiction under R.C. 2307.382(A), it must next
determine whether its exercise of personal jurisdiction will comport with an
out-of-state defendant’s Due Process rights.
Even if this Court concludes that DAH, LLC has made a prima facie showing under R.C.
2307.382(A) and Civ.R. 4.3(A), then Ohio law requires a court to consider whether exercising
personal jurisdiction will violate an out-of-state defendant’s rights to due process of law.
Goldstein at 235. The due process clause under the Fourteenth Amendment limits the power of
state courts to enter judgments against a nonresident. Kulko v. California Superior Court, 436
U.S. 84, 91 (1978). The Due Process clause permits a court to obtain either general or specific
jurisdiction over a non-resident defendant depending on the nature of the defendant’s contacts
10
with the forum state. Kauffman Racing Equip. at ¶ 46. DAH, LLC has not alleged that Mrs.
Dobrott’s contacts with Ohio have been of a “continuous and systematic nature” for this Court to
exercise general jurisdiction. DAH, LLC has alleged that its cause of action is related to or
arises out of Mrs. Dobrott’s contacts with Ohio for this Court to exercise specific jurisdiction.
Id. at ¶ 47, citing Helicopteros Nacionales de Colombia v. Hall, 466 U.S. 408, 414 (1984).
Specific jurisdiction is permitted if the defendant’s contacts with Ohio meet the factors
identified in the three-part test established in Southern Machine Co. v. Mohasco Indus., Inc., 401
F.2d 374, 381 (6th Cir. 1968). First, a defendant must purposefully avail herself of the privilege
of acting in the state or causing a consequence in the state. Second, the causes of action must
arise from the defendant’s activities. Third, the defendant’s actions or the consequences of
defendant’s action must have a substantial enough connection with the state to make a court’s
exercise of jurisdiction over the defendant reasonable. Southern Machine at 381.
When the first two factors are met under the Southern Machine analysis, an inference
arises that the third “reasonableness” factor is also present. Kauffman Racing Equip. at ¶ 71.
Among the factors relevant to the reasonableness inquiry are that a state has a significant interest
in redressing injuries that actually occur within the state and “that a high degree of unfairness is
required to erect a constitutional barrier against jurisdiction.” Kauffman Racing Equip. at ¶ 72
(citations omitted).

Soapboxmom

08-08-2012, 11:15 AM

V. THIS COURT SHOULD CONCLUDE THAT DAH, LLC HAS MADE A PRIMA
FACIE SHOWING THAT THIS COURT HAS PERSONAL JURISDICTION
OVER MRS. DOBROTT.
Under Ohio law, nonresident defendants cannot use the Internet as a shield to protect
them from the consequences of otherwise intentionally tortious conduct. Acting in concert with
others to tortiously interfere with another’s contracts or business relations and publishing
11
statements intended to injure another’s business reputation, exposing another to public ridicule,
shame and/or disgrace for the purpose of adversely affecting another in its trade, business, or
profession are intentional torts whether such acts are committed with older technology, such as
writing letters, or such acts are committed with new technology such as the Internet. This Court
must view all allegations in the pleadings and the documentary evidence in a light most
favorable to DAH, LLC and must resolve all competing inferences in its favor. Kauffman
Racing Equip. at ¶ 27. This Court should conclude that DAH, LLC has made a prima facie
showing in its Third-Party Complaint that this Court should exercise personal jurisdiction over
Mrs. Dobrott and deny the Dobrott Motion to Dismiss.
A. DAH, LLC has met its burden to make a prima facie showing of personal
jurisdiction under R.C. 2307.382(A).
DAH, LLC has made a prima facie showing under R.C. 2307.382(A)(3) that Mrs.
Dobrott has caused tortious injury to it by an act in Ohio and/or under R.C. 2307.382(A)(6) that
Mrs. Dobrott caused tortious injury in Ohio to DAH, LLC by an act outside of Ohio committed
with the purpose of injuring DAH, LLC, when Mrs. Dobrott might reasonably have expected that
DAH, LLC would be injured thereby in Ohio. By alleging that Mrs. Dobrott posted comments
and links to others’ comments on other websites on her own website, www.realscam.com, about
alleged public drunkenness, alleged criminal activity, and/or alleged unethical conduct by DAH,
LLC concerning other economic development projects in Pahrump, Nevada and Montgomery
County, Texas, DAH, LLC has made a prima facie showing that Mrs. Dobrott has published
statements that are defamatory per se and/or per quod and has published those statements
“ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶ 42. DAH, LLC, has
presented 3 Affidavits that Ohioans have seen and downloaded voluminous false and derogatory
comments from various websites, including Mrs. Dobrott’s website, which began well before
12
February 28, 2012. Thus, under the holding in Kauffman Racing Equip., Mrs. Dobrott’s
comments and links posted on the Internet were published in Ohio. Id.
Moreover, this Court should resolve any reasonable competing inferences in its favor by
concluding that it is reasonable that the “internet research” given to Mr. Campbell and to Mayor
Fisher were printed pages from Third-Party Defendants, including Mrs. Dobrott’s defamatory
statements about DAH, LLC’s involvement with development projects in Nevada and Texas.
Furthermore, DAH, LLC has alleged, and Mrs. Dobrott has not denied, that Mrs. Dobrott worked
in concert with other Third-Party Defendants by posting links to each others’ websites and
comments, that the Third-Party Defendants were engaged in a civil conspiracy, and as a
proximate result of the civil conspiracy to defame DAH, LLC, tortiously interfered with the
Agreement with the City by procuring its breach.
Under R.C. 2307.382(A)(3), DAH, LLC has made a prima facie showing that it was
injured in Ohio based on the statement that Mayor Fisher made to Mr. Carne on March 15, 2012,
the day after the City breached the Agreement, that “internet research” had been given to Mr.
Campbell and to him. Carne Aff., ¶ 6. Alternatively, under R.C. 2307.382(A)(6), DAH, LLC
has made a prima facie showing that it was injured by an act outside Ohio committed with the
purpose of injuring DAH, LLC, when Mrs. Dobrott might reasonably have expected that DAH,
LLC would be injured thereby in Ohio. This Court should conclude that DAH, LLC has met its
burden to make a prima facie showing under R.C. 2307.382(A)(3) and (6) that this Court has
personal jurisdiction over Mrs. Dobrott.
B. DAH, LLC has met its burden to make a prima facie showing that exercising
personal jurisdiction over Mrs. Dobrott will not violate her due process
rights.
DAH, LLC has asserted that this Court has specific jurisdiction over Mrs. Dobrott by
13
alleging that its causes of action arise out of or are related to her contacts with Ohio. Under the
three-part test from Southern Machine Co., DAH, LLC has shown first, that Mrs. Dobrott
purposefully availed herself of the privilege of acting in Ohio or causing a consequence in Ohio
by regularly and frequently posting defamatory comments on her website and posting links to
others’ websites with defamatory comments about the professional reputation and conduct of
DAH, LLC. Second, DAH, LLC has shown that the causes of action arise from Mrs. Dobrott’s
activities on the Internet which have been seen in Ohio. Third, Mrs. Dobrott’s acts or the
consequences caused by her acts have a substantial enough connection with Ohio to make the
exercise of personal jurisdiction reasonable. Southern Machine Co. v. Mohasco Industries, Inc.,
401 F.2d 374, 381 (6th Cir. 1968). If the first two factors of this test are satisfied, then a
reasonable inference arises that the third factor is also present. Kauffman Racing Equip. at ¶ 71
(citations omitted).
DAH, LLC has met its burden to show that Mrs. Dobrott has purposefully availed herself
of the privilege of acting in Ohio or causing consequences in Ohio by maintaining an interactive
website and by posting comments on the Internet intended to harm the business reputation of and
to adversely affect DAH, LLC in its trade, its business, or profession. Mrs. Dobrott’s actions, by
posting and re-posting her own and others’ defamatory comments about DAH, LLC, specifically
exploit search engine optimization logarithms on search engine websites so that the negative
comments appear at the beginning of search results for “Don Allen Holbrook, LLC”, “Don Allen
Holbrook”, “Don Holbrook”, or “Holbrook”, constituting cyber-bullying, cyber-stalking, and
cyber-harassment, for the whole world to see on the Internet.
In Kauffman Racing Equip., the Ohio Supreme Court followed the analysis in Calder v.
Jones, 465 U.S. 783 (1984) and rejected the analysis in Reynolds v. Internatl. Amateur Athletic
14
Fedn., 23 F.3d 1110 (6th Cir. 1994), neither of which involved Internet communications of
defamatory material. Kauffman Racing Equip. at ¶ 61. Notably, the Court in Kauffman Racing
Equip. rephrased the conclusion in Calder to the following question relevant to the facts before
it: “should a company injured in Ohio need to go to Virginia to seek redress from a person who,
though remaining in Virginia, knowingly caused injury in Ohio?” Id. at ¶ 56. Then, examining
cases involving defamatory material on the Internet, the Court looked at Cadle Co. v.
Schlictmann, 123 Fed. Appx. 675 (6th Cir. 2005) (no personal jurisdiction because alleged
defamatory statements on defendant’s passive website were not related to plaintiff’s activities in
Ohio) and Oasis Corp. v. Judd, 132 F. Supp. 2d 612 (S.D. Ohio 2001) (no personal jurisdiction
because no evidence that defendants’ communications were received by anyone in Ohio other
than plaintiff). Id. at ¶¶ 63-63.
Given the voluminous nature of these comments by Mrs. Dobrott in concert with others
on her interactive website and on other interactive websites which have been seen by others in
Ohio, her contacts are not “random”, “fortuitous”, or “attenuated”, but instead show that she has
created a substantial connection with Ohio rising to purposeful availment, by which she should
have reasonably anticipated being haled into court in Ohio, where DAH, LLC was also acting
under an Agreement with the City of Huber Heights as an economic developer. This Court
should resolve competing inferences in favor of DAH, LLC and conclude that Mrs. Dobrott
knew about the Agreement with the City at least by February 7, 2012 or by February 29, 2012,
when Mr. Adams reported receiving a telephone call from a reporter.
The Court in Kauffman Racing Equip. concluded that the “effects analysis” in Calder
requires conduct “‘calculated to cause injury’ in a ‘focal point’ where the ‘brunt’ of the injury is
experienced.” Kauffman Racing Equip. at ¶ 66 (citation omitted). The content of Mrs. Dobrott’s
15
voluminous postings and re-postings of others’ links shows that she intended to harm the
professional reputation of DAH, LLC and which proximately resulted in harm to DAH, LLC in
Ohio as seen in her statements: “His recent projects have been falling through. . . . Other
projects may well not go forward as his credentials and accomplishments are being investigated.”
This Court should conclude that DAH, LLC has made a prima facie showing that Mrs. Dobrott
purposefully availed herself of Ohio law.
Second, Mrs. Dobrott’s contacts with Ohio are related to the operative facts alleged in the
Third-Party Complaint so that the causes of action have a substantial connection with Mrs.
Dobrott’s activities in Ohio. Id. at ¶ 70. By maintaining an interactive website and by re-posting
others’ comments to exploit search engine optimization logarithms, so that any time the names
“Don Allen Holbrook, LLC”, “Don Allen Holbrook”, “Don Holbrook” or “Holbrook” were
searched on Internet search websites, Mrs. Dobrott thus maintained contacts with Ohio.
Finally, this Court should infer because the first two factors are present, the third factor is
also met. Specifically, while there are a number of factors to consider under the reasonable
inquiry centering on a plaintiff’s residency in the forum, they are not the only factors to consider.
Id. at ¶ 72. Singular among the reasons that the claims against Mrs. Dobrott should be tried in
Ohio is the fact that the City has sued DAH, LLC here. Notably, a state has a significant interest
in redressing injuries that occur within the state. Id. Moreover, the Court in Kauffman Racing
Equip. noted that a high degree of unfairness is required to erect a constitutional barrier against
jurisdiction. For these reasons, this Court should conclude that DAH, LLC has met the three
factors under the Southern Machine analysis and that the exercise of personal jurisdiction over
Mrs. Dobrott will not deprive her of her due process rights.
VI. CONCLUSION
16
In sum, this Court should view the evidence in a light most favorable to DAH, LLC,
should conclude that DAH, LLC has made a prima facie showing of personal jurisdiction over
Mrs. Dobrott under the long-arm statute, that the exercise of personal jurisdiction will not
deprive her of her rights of due process, and deny Mrs. Dobrott’s Motion to Dismiss and to
quash service of process.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant Don Allen
Holbrook, LLC
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served by the Court’s e-filing system or by ordinary
mail on this 7th day of August, 2012, upon the following:
L. Michael Bly (mbly@pselaw.com)
Joshua M. Kin (jkin@pselaw.com)
Pickerel, Schaeffer & Ebeling Co.
2700 Kettering Tower
Dayton, Ohio 45423
Attorneys for Plaintiff
Robert P. Bartlett, Jr. (rbartlett@ficlaw.com)
Andrew J. Reitz (areitz@ficlaw.com)
Faruki Ireland & Cox PLL
500 Courthouse Plaza, SW
10 North Ludlow Street
Dayton, Ohio 45402
Attorneys for Third-Party Defendants Stephens
Media, LLC dba Pahrump Valley Times; and The
Houston Press, The Houston Press dba Village
Voice Media Holdings, LLC dba Houston Press,
LP dba Backpage.com, LLC and Craig Malisow
Adam R. Webber
Falke & Dunphy, LLC
30 Wyoming Street
Dayton, Ohio 45409
Attorney for Heather Dobrott and Cynthia Calvert,
The Tribune, aka, Ourtribune.com
Frank Maurizio
581 China Street
Pahrump, Nevada 89048-0782
s/Sue Seeberger
17

Soapboxmom

08-08-2012, 11:26 AM

Mrs. Dobrott’s actions, by
posting and re-posting her own and others’ defamatory comments about DAH, LLC, specifically
exploit search engine optimization logarithms on search engine websites so that the negative
comments appear at the beginning of search results for “Don Allen Holbrook, LLC”, “Don Allen
Holbrook”, “Don Holbrook”, or “Holbrook”, constituting cyber-bullying, cyber-stalking, and
cyber-harassment, for the whole world to see on the Internet.
Holbrook is way out of line with these criminal allegations. Journalists and bloggers researching and blogging about Earthquest, its principles and related issues could not possibly be construed as cyber-bullying, cyber-stalking, and cyber-harassment.

Anti-SLAPP Law in Texas | Citizen Media Law Project (http://www.citmedialaw.org/legal-guide/anti-slapp-law-texas)

Anti-SLAPP Law in Texas

Note: This page covers information specific to Texas. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview (http://www.citmedialaw.org/legal-guide/responding-strategic-lawsuits-against-public-participation-slapps) section of this guide. The Texas Citizens Participation Act, H.B. No. 2973 (http://www.capitol.state.tx.us/tlodocs/82R/billtext/html/HB02973F.htm), allows you to counter a SLAPP suit against you based on your statements in exercise of your right of free speech, petition, or association. The statute provides for a special motion to dismiss, and allows (with some exceptions) for a stay of discovery proceedings while your motion is being considered. If your motion to dismiss is successful, the court will award you attorneys' fees, court costs, and possibly punitive damages against the party that filed the lawsuit.
The statute allows for dismissal of suits based on any type of communication, in any medium, that is: related to a "matter of public concern"; or pertaining to or in connection with any governmental proceeding or issue being considered by any governmental branch; or between individuals “who join together to collectively express, promote, pursue, or defend common interests."
Because the Texas Citizens Participation Act became effective as of June 17, 2011, there is currently no legal authority interpreting the act. If you know about any relevant cases, please contact us (http://www.citmedialaw.org/about/contactus).
Activities Protected By The Texas Anti-SLAPP Statute

To challenge a lawsuit under the Citizens Participation Act, you must show that it is based on your act or acts of "communication" (defined as the "making or submitting" of any "statement or document in any form or medium") in connection with your rights of association, petition, or free speech. The statute broadly defines these rights:

(a) "Right of association" refers to people collectively "express[ing], promot[ing], pursu[ing], or defend[ing] common interests."
(b) "Right of free speech" refers to communications related to "a matter of public concern."
(c) "Right to petition" refers to a wide range of activities relating to governmental proceedings or issues being considered by governmental bodies.

Although dependent on your subject matter, the right of free speech is the section of the statute that will most likely apply to statements made online. The statute defines a "matter of public concern" as as issue related to health or safety; environmental, economic, or community well-being; the government; a public figure or official; or a good, product or service in the marketplace. If a lawsuit against you involves online statements on any of these topics, the statute may provide you relief.......

If you succeed in fending off a SLAPP lawsuit in Texas, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Texas does not have a special form of process for a "SLAPPback" claim, the elements of a malicious prosecution claim are similar. You should consult an attorney to see whether such a claim may be viable in your case.

The only statement Seeberger seems to be able to find is the following made on March 30, 2012:

Pardon me, but Mr. Holbrook brags of that [sic] 100 projects worth billions that
created 50,000 jobs, but has yet to name even one of these. I want a complete list
so I can verify that he was responsible for these lofty accomplishments he brags
of. His recent projects have been falling through. Earthquest is in bankruptcy
and the charitable institute part of that project is defunct after Don Holbrook
walked away with 33% of the almost 1 million raised. Other projects may well
not go forward as his credentials and accomplishments are being
investigated.
That is completely factual. Texas and Pahrump and a dozen or so other places where Don Holbrook tried to sell his destination theme park nonsense had been looking into him. That is why Holbrook sanitized his website of all those references and declared he wouldn't name the projects. I went to Archive.org, Holbrook's books and his fiery post on Amazon and I researched every claim. I called many of these clients as well and some had no idea who Holbrook was, others said he had only a very minor role in the project (i.e. it was underway before he stepped in and or was completed without him) others acknowledged Holbrook's involvement. This thread clearly documents all that. I guess Holbrook and his attorney didn't bother to read this thread and check the dates. THey also have failed to produce a single false or defamatory statement by any party anywhere.

littleroundman

08-08-2012, 11:29 AM

SLAPPs--Strategic Lawsuits Against Public Participation: Coming to a Controversy Near You

Sharon Beder

Citation: Sharon Beder, 'SLAPPs--Strategic Lawsuits Against Public Participation: Coming to a Controversy Near You', Current Affairs Bulletin, vol.72, no. 3, Oct/Nov 1995, pp.22-29. This is a final version submitted for publication.
Minor editorial changes may have subsequently been made.
Sharon Beder's Other Publications (http://www.herinst.org/sbeder/)

The Helensburgh SLAPP Case (http://www.uow.edu.au/%7Esharonb/SLAPPS.html#RTFToC1)
Harassment , Intimidation and Diversion (http://www.uow.edu.au/%7Esharonb/SLAPPS.html#RTFToC2)
Can Government SLAPP? - The Ballina Case (http://www.uow.edu.au/%7Esharonb/SLAPPS.html#RTFToC3)
Other Forms of Legal Harassment (http://www.uow.edu.au/%7Esharonb/SLAPPS.html#RTFToC4)
Who are the Targets? (http://www.uow.edu.au/%7Esharonb/SLAPPS.html#RTFToC5)
Conclusions for Australia (http://www.uow.edu.au/%7Esharonb/SLAPPS.html#RTFToC6)

In 1991 business people attending the Third Annual Pollution Law Conference in Sydney and Melbourne were presented with a paper entitled "Legal Rights of Industry Against Conservationists"[1] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn0) which advised them about legal action that could be taken against environmental activists. Conference attendees were told about developments in the US which were relevant to Australia, including the widespread use of lawsuits to intimidate or "chill-out" environmentalists.

Every year thousands of people are sued in the USA for speaking out against governments and corporations. Multi-million dollar law suits are being filed against individual citizens and groups for circulating petitions, writing to public officials, speaking at, or even just attending, public meetings, organising boycotts and engaging in peaceful demonstrations.[2] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn1) These law suits have been labelled "Strategic Lawsuits Against Public Participation" or SLAPPs by University of Denver academics Penelope Canan and George Pring, who have been studying such suits for more than a decade with the help of funding from the US National Science Foundation.

Canan and Pring define a SLAPP as being a civil court action which alleges that injury has been caused by the efforts of individuals or nongovernment organisations to influence government action on an issue of public interest or concern.[3] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn2) They began their research after they noticed an increasing number of environmentalists were being named as defendants in large civil damage cases.[4] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn3) They found that "SLAPPs are filed by one side of a public, political dispute to punish or prevent opposing points of view."[5] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn4)

Of course people using SLAPPs in this way cannot directly sue people for exercising their democratic right to participate in the political process so they have to find technical legal grounds on which to bring their cases. Such grounds usually include defamation, conspiracy, nuisance, invasion of privacy or interference with business/economic expectancy.[6] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn5) At the Pollution Law Conference in 1991, business people were told "The lessons for Australia contained in SLAPP suits is that the US cases are based on causes of action available in Australia" and that US experience concerning SLAPP suits is "indicative of possible future developments in Australia."[7] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn6)

Indeed several Australians have faced or are currently facing such law suits at the moment. For example, Jim and Jenny Donohoe and Tim Tapsell have been SLAPPed for supporting a Local Environment Plan that proposed rezoning rural land near Helensburgh as environmentally protected land. The developers wanted the land to be rezoned for residential development and one of the larger landholders sued them for conspiring with each other "to damage or destroy the financial and commercial interests of the Plaintiffs with the sole or predominant purpose of injuring the commercial interests of the Plaintiffs."[8] (http://www.uow.edu.au/%7Esharonb/SLAPPS_fn.html#fn7)

http://www.uow.edu.au/~sharonb/SLAPPS.html (http://www.uow.edu.au/%7Esharonb/SLAPPS.html)

Soapboxmom

08-08-2012, 12:26 PM

That ditz of an attorney, Sue Seeberger really ought to be mindful of what she files.

Mrs. Dobrott regularly and frequently blogs, posts, re-posts, and posts links to
defamatory, derogatory, and false statements on a variety of websites and blogs, including but
not limited to defamatory, derogatory, and false statements about DAH, LLC, at least since
February 7, 2012, if not earlier, constituting cyber-stalking and cyber-harassment, including but
not limited to, http://pvtimes.com/news/theme-park-c...by-ohio-town/; (http://pvtimes.com/news/theme-park-contractor-holbrook-sued-by-ohio-town/;)
http://www.topix.com/wire/city/huber-heights-oh; http://www.topix.com/wire/city/ pahrump3
nv?q=u:pvtimes.com; http://blogs.houstonpress.com/hairba...05/Earthquests (http://blogs.houstonpress.com/hairballs/2012/05/Earthquests)
_don_holbrook_sued_huber_heights.php; Discussion about the New Caney Dino Park - Houston Dinosaur Park (http://www.houstondinopark.com/discuss.php;) and
Kingwood Underground - the heart and soul of our Kingwood, Texas family (http://kingwoodunderground.com/topic.jsp?topicId=11722526), regularly and frequently posts
links on “www.realscam.com” (http://www.realscam.com%E2%80%9D)

I commented on Newspaper article questions theme park player’s resumé | Pahrump Valley Times (http://pvtimes.com/news/newspaper-article-questions-theme-park-players-resum/comment-page-1/#comments) in May 2012. So, that is long after her February 28th and February 29th dates she goes on about in her filings and long after the city kicked Holbrook to the curb on March 14th.

The Houston Press articles all came out on or after April 11, 2012. They could have no bearing on the city's decision to give Holbrook the boot.

The topix.com, Rockford Forum - Topix (http://www.topix.com/forum/city/rockford-oh/T7M1NOSGJTF48CJJ2), has comments by me from May and June. Those same posts fall under many different city names as topix.com reposts things under numerous pages. I also commented on there in July. Kettering Forum - Topix (http://www.topix.com/forum/city/kettering-oh/TKK5Q981CLEEIN36P)

The earliest post on the Dino Park forum is now from May, 2012. Discussion about the New Caney Dino Park - Houston Dinosaur Park (http://www.houstondinopark.com/discuss.php?page=6) The earlier ones cannot be accessed.

The post earliest post I made on the Kingwood thread Seeberger linked is dated April 26, Kingwood Underground - the heart and soul of our Kingwood, Texas family (http://kingwoodunderground.com/topic.jsp?topicId=11722526)

Sue Seeberger has not enumerated a single false statement of fact and this latest dishonest filing lists almost exclusively postings that were made long after Huber heights had concluded that Holbrook's work was not up to snuff and he was shown the door.

Really smart to draw lots of attention to the fact one's "actions are under scrutiny across the nation" as the city of Huber Heights rightly pointed out!

Soapboxmom

Soapboxmom

08-08-2012, 12:35 PM

There are the pds for the 2 most recent filings that have been show in their entirety and commented on above:

1490

1491

Soapboxmom

08-08-2012, 12:52 PM

http://kingwoodunderground.com/topic.jsp?w=&s=0&n=40&topicId=11722526

Don A Holbrook (http://www.realscam.com/account.jsp?id=3888979)
--- 92 days ago May 8th 2012- quote Dear Readers of this blog, as stated, this is a serious legal issue. Please note that I am brining litigation against Ms. Soapboxmom (Heather Dobrott et al) she received a letter from my attorney which very carefully stated she has until May 11th to substantiate with valid facts and evidence of her Libel comments. Ms. Dobrott is digging herself a very deep legal hole and her malicious attacks on my business and my professional reputation are purposeful and with willful intent to harm my livelihood. She has made very poor decisions in business and ignorance of the law will not excuse her nor any of you who choose to continue in this libel from the liabilities that are piling on yourselves. By spreading libel and then encouraging others unwittingly to participate on this page is just bringing other previously innocent people into her web of fictional conspiracy. I would encourage anyone on this web page to take note in the recent $13M Texas award of damages to those folks using and promoting anonymous libel about innocent people. At the appropriate time we will know every computer ID that has made comments on any site that aids in this process and those that make such comments must be prepared to deal with the litigation that is coming this month. If you continue to comment on me, my business, and further ruin my professional reputation and/or harm my livelihood and/or personal affairs for libel, slander, defamation or other malicious intent you do so at your own risk. For some the damages has been done and avoiding litigation is impossible in my opinion, but for those of you bright enough to discontinue your libel comments you may still avoid litigation. Be smart and do not be baited into legal liabilities by a person such as Heather Dobrott. She obviously has too much time on her hands and her mind goes to conspiracy theories as her own form of sick entertainment. That is her own affair until it harms others with such malicious intent that it wrecks their business for spreading virally false information and doing so for her own self-gratification reasons.

Don A Holbrook (http://www.realscam.com/account.jsp?id=3888979)--- 92 days ago - quote You know I spoke with my father this morning... he is a retired Minister. He asked me if I was praying about this matter. I told him about SoapBoxMom and her slogan regarding making Jesus vomit. He wasn't too impressed or thrilled about such a vulgar use of the Lord's name or portrayal associated with the type of comments, malicious attacks on an innocent person, his family and his business. His comment and question back to me was interesting. "I wonder how many of these people consider themselves to be christians? and if so, when did Jesus ever condone the types of comments and malicious malevolent abusive tactics being used here. Do they really think that Jesus would condone this type of activity?" Of course I said, Dad, I have no idea if they consider themselves Christians or whether they are Sunday bible totters but wicked people during the other six days. I would guess by their tone, comments and malicious intentions they are not Christlike and therefore not truly Christian in their heart of hearts. You pray for them Dad, I don't have the stomach to do so. They have hurt my family, tried to ruin my reputation and interfered with my clients and my business and created massive economic harm to my own legal and ethical enterprise. They have accused me of activities and conduct that is baseless and not true. He said, "Only God can judge them son. But he will do so someday maybe not on your timeline, but he will." He did say, he would pray about the situation. He is a much better and bigger person than myself. I can't bring myself to pray for my declared enemies. Sorry I hope you all get what our legal system deems you are rightfully entitled to be found guilty of... and I hope you all must face the same and exponentially more emotional and economic pain that you are causing for me and my family. You are not ethical and moral people in my book.

Of course, as I already stated, my first comment on that thread which was linked by Holbrook's attorney, Sue Seeberger, was on April 26, 2012. That lying sack of dirt is trying to sue me in Ohio for interfering in his contract there by using posts made long after they had sacked him on March 14, 2012. These could not be seen in Ohio in February without me having loaned out my time travel broomstick! I never loan out that top secret scam busting weapon!!!

Soapboxmom

Soapboxmom

08-08-2012, 05:50 PM

ez123wealth (http://kingwoodunderground.com/account.jsp?id=3890832) --- 1 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3890832&otype=ACCOUNT&btype=HIDE&dest=topic11722526) Ms Heather, from our conference on your case today may I enlighten you. You are being sued because your slander of Don and others caused to not just loss of wages, but caused the city in Ohio to sue Don. And just another update, Don's Lawyer is suing you personally next. And Prof Henry and little man from your site have some coming their way also. Next is NC turn.

The idiot is loose on Kingwood Underground again. Holbrook's attorney, Sue Seeberger, is in the terribly uncomfortable position of having a client who is hopelessly confused about the law and is apparently not averse to pushing her into making totally frivolous, groundless and dishonest filings. Don Allen Holbrook's problems with Ohio are between them and concern their displeasure with the work he did. The other parties he sued as third-party defendants have nothing to do with his allegedly substandard work! If holbrrok thought this was the way to clear his name and save his reputation, I think he is going to be most unhappy with the result!

Soapboxmom

littleroundman

08-08-2012, 07:25 PM

I'm not certain that deliberately slurring the professionalism of the members and staff of the Huber City Council would be how a sensible person would handle what's happened.

As I read the complaint/s, it seems Mr Holbrook and Ms Seeberger are alleging Huber Councils' decision was and is based on what its' members read on the 'net.

Setting aside the inconsistencies WRT the timing of such comments for a moment, it will be interesting to find out whether the plaintiffs' contention is the Huberites were incapable of coming to the conclusion they did solely based on their own observations and experiences.

What was that thing I read ??

Oh, yes, that's it:

King James Bible (Cambridge Ed.) (http://kingjbible.com/matthew/7.htm)
And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?

pantherdadX2

08-08-2012, 10:37 PM

In keeping with the Olympic spirit, if a gold medal was awarded to a group for fiscal responsibility, I'd definately cast my vote for the city of Huber Heights, Ohio. Dishonorable mention.....the EMCID - coached by none other than Frank (the BANK) McCrady

pantherdadX2

08-08-2012, 10:59 PM

SBM........Didn't you mean lying sack of (rhymes with zit)?

littleroundman

08-08-2012, 11:36 PM

Despite the efforts of TV writers and certain media outlets to convince us otherwise, I refuse to believe the US legal system has so degraded there is any possibility of this or any similar attempt at stifling criticism gaining any traction.

ez123wealth (http://kingwoodunderground.com/account.jsp?id=3890832) --- 1 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3890832&otype=ACCOUNT&btype=HIDE&dest=topic11722526) Ms Heather, from our conference on your case today may I enlighten you. You are being sued because your slander of Don and others caused to not just loss of wages, but caused the city in Ohio to sue Don. And just another update, Don's Lawyer is suing you personally next. And Prof Henry and little man from your site have some coming their way also. Next is NC turn.

I mean, come on, get real.

This isn't an episode of Jerry Springer or The Young and the Restless.

In purely practical terms it would be "libel" and not "slander" AND some of the named critics are not even US based.

But, as they say, the main problem with common sense is, it's not all that common.

pantherdadX2

08-09-2012, 07:43 AM

I don't know about you guys, but the only definition I could come up with for NC is (NO CLUE) :duh: That post kind of speaks for itself, doesn't it?

Soapboxmom

08-09-2012, 11:30 AM

More fine commentary from over yonder:

Quatloos! • View topic - Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet (http://www.quatloos.com/Q-Forum/viewtopic.php?f=22&t=8508&start=40#p144983)

Soapboxmom

08-09-2012, 01:02 PM

http://www.realscam.com/f14/don-allen-holbrook-sovereign-military-order-temple-jerusalem-rogue-member-1402/#post26247

EagleOne

08-09-2012, 01:14 PM

Soapboxmom

08-09-2012, 01:27 PM

http://www.realscam.com/f14/don-allen-holbrook-sovereign-military-order-temple-jerusalem-rogue-member-1402/#post26251

Soapboxmom

08-09-2012, 01:31 PM

Not only do you have Don to contend with, but I think I would be more concerned with his wife, Laurie. She looks like she could take Don anytime:

1495

She's the one on the right in case you didn't know.

Mrs. Holbrook is a fiesty one to be sure, but also a very high maintenance lady! How does the bankrupt buffoon keep her in the style to which she has become accustomed???

EagleOne

08-09-2012, 02:52 PM

Mrs. Holbrook is a fiesty one to be sure, but also a very high maintenance lady! How does the bankrupt buffoon keep her in the style to which she has become accustomed???

Hidden assets.

Whip

08-09-2012, 10:29 PM

ProfHenryHiggins

08-10-2012, 05:11 PM

So Mr. Barnes, a.k.a. ez123wealth, insists on dragging my name into this?

I do believe that means that I'm going to investigate him. Considering that a very cursory check of the name Tony Barnes in Rocky Coast, NC brings up businesses with names such as "My Rich Bank Account" and "Emergency Funds Cash Advance" would suggest that I've already found him. However, unlike That Darn Blister, I don't think that Antonio Renard Barnes is our candidate. He's too young, and other online clues suggest that "ez123wealth" is in his 40s or perhaps 50s. So, possibly Antonio's father? Does that sound sensible as a place to start from?

Why do I say that Antonio is too young? This report from Jan. of 2007.

--Antonio Renard Barnes, 17, of 835 Sycamore St., Rocky Mount was arrested and charged with misdemeanor breaking and entering and felony larceny.

Barnes has additional charges pending against him in Edgecombe county that include felony breaking and entering, felony larceny after breaking and entering, misdemeanor injury to personal property and misdemeanor possession of a handgun by a minor. His Wilson charges are scheduled to be presented before the grand jury on Jan. 17.

Soapboxmom

08-10-2012, 06:07 PM

Holbrook is going to be so glad that he stirred the pot! Every nut is going to crawl out from under their rock!

And, speaking of nuts. Holbrook is getting lots more media attention:

Questions raised over economic developer’s new role | Pahrump Valley Times
(http://pvtimes.com/news/questions-raised-over-economic-developers-new-role/)
We learn that Holbrook is out of the Pahrump project and that his Vercitas Group has folded as his partner in that has moved on. He couldn't distance himself from Holbrook fast enough! "as long as I’m not associated or affiliated with either the Vercitas name or with his activities,” he said."

Vercitas.com (http://www.vercitas.com/about_bio_don_holbrook.php)

The paper points out that Holbrook's Nevada Corporation, Economic Developer LLC (which Chris Brown said Holbrook was using), is in default, which we already knew.

Bradley also provided comment on what role Holbrook will play in the Front Sight project.

“We hired him last year to assist us in our expansion needs. He is an expert at what he does and seems very knowledgeable on how to approach designing public-private partnerships. He provided us with testimonials of his work from clients; we were satisfied with their answers,” Bradley wrote.....

Still, Bradley and Front Sight officials maintain they have the utmost confidence in Holbrook’s abilities.
“He disclosed the disagreement and litigation with us. We have no issues with Mr. Holbrook’s performance. According to EMCID in Texas, the project is beginning to recover under the new developer and his management. They also have said they are happy with Holbrook’s work performance on that project.”

It should also be noted that in February, Front Sight penned a preliminary agreement with EMCID officials to build a firearms training facility in that city.
Holbrook also directed all questions concerning the EarthQuest bankruptcy matter to Seeberger.

He did however provide comments via email about the projects as well as the reporters who covered respective stories revealing questionable outcomes for his work.
In reference to the collapse of the Texas endeavor, Holbrook stated in part, “I have to tell you, professionally, when folks maliciously target me with defamatory, unsubstantiated, and untruthful remarks that impact my consulting business negatively and tarnish my professional character, reputation and accuse me of unethical conduct I take such allegations very seriously and do make a point to not allow such libel to continue,” he noted in an email from May.

Earthquest has no funding from the East Montgomery County Improvement District in the current budget. Contour will have to pay for the new feasibility study they want and then come up with hundreds of millions in financing for Earthquest to go forward. That park will be built when Hell freezes over I would imagine. As Holbrook is suing the local papers in Texas and all the taxpayers that dared comment, I don't think he is going to be welcomed back here. Same situation in Pahrump. The fine paper that posted this article is a defendant as are the commenters on their site. Why should Holbrook ever be allowed to step foot in Pahrump either??? It is time to take a stand!!!

Soapboxmom

fjjm303

08-11-2012, 05:10 PM

Well, it seems that if you place a response to the Pahrump Valley Times on any article that appears about Mr. Holbrook you are blocked and ban from posting anything in there response section.

Soapboxmom

08-12-2012, 01:23 PM

Don Allen Holbrook IEDC International Economic Development ... (http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CEkQFjAA&url=http%3A%2F%2Fwww.realscam.com%2Ff11%2Fdon-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240%2Findex26.html&ei=ufInUJ35D4qA2wWQ6oD4AQ&usg=AFQjCNG9Qz-QacU4067JzguYnQpmwIKg0A&sig2=Xq34wVuvMpFKSqMgSMamFw)

Successful Scammer or Ethical Business Builder? You Decide (http://www.realscam.com/f11/)don-allen-holbrook-iedc.../index26.html
25 posts - 4 authors - Aug 4
A Disneyland for gun lovers Monday, February 20, 2012 Cynthia Calvert Frank McCrady, president and CEO of the East Montgomery County ...
Amazon.com: Don Allen Holbrook: Books, Biography, Blog ... (http://www.amazon.com/Don-Allen-Holbrook/e/B001JS1PGA)

Amazon.com: Online Shopping for Electronics, Apparel, Computers, Books, DVDs & more (http://www.amazon.com/)Don-Allen-Holbrook/e/B001JS1PGA
Visit Amazon.com's Don Allen Holbrook Page and shop for all Don Allen Holbrook books and other Don Allen Holbrook related products (DVD, CDs, Apparel).
About Don Allen Holbrook, Public Speaker & Author ... (http://economicdeveloper.wordpress.com/about/)

economicdeveloper.wordpress.com/about/
Don Allen Holbrook, CEcD, FM is a world renowned economist that works in the area of assisting communities, regions and even nations look at catalyst actions ...
Theme park contractor Holbrook sued by Ohio town | Pahrump ... (http://pvtimes.com/news/theme-park-contractor-holbrook-sued-by-ohio-town/)

pvtimes.com/.../theme-park-contractor-holbrook-sued-by-ohio-town/
May 4, 2012 – “This matter with the City of Huber Heights, Ohio; and Don Allen Holbrook is now in litigation. Needless to say, we dispute each and every one ...
EarthQuest's Don Holbrook Threatens to Sue Critics into Submission ... (http://blogs.houstonpress.com/hairballs/2012/05/holbrook_threatens_critics_earthquest.php)

blogs.houstonpress.com/.../holbrook_threatens_critics_earthquest.ph...
May 8, 2012 – Don Allen Holbrook LLC's frivolous, harassment suit against half of the planet may be ending very soon: http://www.realscam.com/f11/don-allen ...
Quatloos! • View topic - Don Allen Holbrook LLC Sues Soapboxmom ... (http://www.quatloos.com/Q-Forum/viewtopic.php?t=8508)

Quatloos! • View topic - Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet (http://www.quatloos.com/Q-Forum/viewtopic.php?t=8508)
21 posts - 3 authors - Jun 13
In an email dated February 29, 2012 to Don Allen Holbrook, LLC, Mr. ... a contract with Don Allen Holbrook, LLC and Mr. Adams said that it was ...
Huber Heights suing consultant for more than $50000 | www ... (http://www.daytondailynews.com/news/news/local/huber-heights-suing-consultant-for-more-than-50000/nPSfp/)

Dayton, Ohio, News and Information | www.daytondailynews.com (http://www.daytondailynews.com) › News (https://www.google.com/url?url=http://www.daytondailynews.com/categories/news/&rct=j&sa=X&ei=ufInUJ35D4qA2wWQ6oD4AQ&ved=0CFYQ6QUoADAG&q=don+allen+holbrook&usg=AFQjCNF0Oi7cTyx0xNFI1hhYyavd3FdmtQ) › Local (https://www.google.com/url?url=http://www.daytondailynews.com/s/news/local/&rct=j&sa=X&ei=ufInUJ35D4qA2wWQ6oD4AQ&ved=0CFcQ6QUoATAG&q=don+allen+holbrook&usg=AFQjCNFBiAcElvC5H8q8o3vgAc0OrGV3JA)
May 26, 2012 – Seeberger issued a statement, saying: “Don Allen Holbrook, L.L.C., completed and fulfilled its contract with the city of Huber Heights and there ...

__________________________________________________ __________________________________________________ ________________________________________

Don Allen Holbrook's Google results for page 1. Realscam is on top! Him dragging half the planet into his lawsuit with Huber Heights has been disastrous for his public image and reputation. A competent attorney might have well recommended he settle out and the settlement be kept confidential as part of the terms of the deal. Bringing totally uninvolved and innocent parties into that debacle with the city of Huber Heights, Ohio might prove to be business suicide. Judging from the Google results, plenty of people are reading!!!

Soapboxmom

pantherdadX2

08-12-2012, 02:12 PM

pantherdadx2 doesn't just "like" this, Soapboxmom, he "LOVES" it.........x2:chickendance:

Soapboxmom

08-14-2012, 07:50 AM

The voice of reason from the Dino Park Forum. The people of Texas want Front Sight and Holbrook gone!!!!!

Comment by: on Aug. 14th, 2012 - 4:43am

Moron,a.k.a. the real Walt Disney,a.k.a. Realist, and others. Forgive me for referring to you as Moron in my last post. Seeing as though you not only possess intelligence but more importantly COMMON SENSE, I will from now on refer to you as Realist. During my lifetime I have met and also worked for individuals with multiple degrees who had the common sense of a brick (please take note of this, Mr. McCrady). Your comment during the meeting at that church was very insulting to a lot of fine folks out here, Frank. Yes, Realist, EMC will recover from this, it will take awhile, but EMC is poised for a natural progression outward from Harris Co. The biggest factor, besides the Houston area being the major oil and gas hub for the nation, is its direct location on the international corridor from Mexico to Canada (the proposed I-69) and its close proximity to Bush Intercontinental Airport. Don Lessums original idea wasn't a bad one but other individuals blew it way out of proportion without having solid financial backing. These "visionaries" as they like to call themselves, from what I understand, claimed other cities were just standing in line waiting to take the first bite out of the sour apple EarthQuest has become. From what I gather,(unfortunately for the citizens of EMC), THIS WAS A LIE. Frank McCrady and the EMCID greedily took that first bite using taxpayer money (that isn't even there) without doing their homework investigating the backgrounds of the snake-oil salesmen selling them on this idea (common sense). These "visionaries", in particular Don Holbrook, sold this "vision" as a Disney-like theme park. Walt Disney,who I might add had very little education, Frank, accomplished his dreams and built his empire over time, a time of unprecidented growth in the American economy. Take a look at reality, folks, the only new businesses on Hwy 59 in the last few years from 1485 to Cleveland are two new flea markets and a Kubota dealership with the John Deere dealership folding and the property up for sale (sound familiar, America?) Frank, those flea-markets will have to sell a ton of soiled mattresses and used bicycles to recoup the taxpayers money you've blown on this project, with a big helping hand(emphasis on the "helping", as in helping himself,) from Don Holbrook. Yes, Our Gain, Holbrook is attempting to foul EMC once again, working for a group trying to bring another gun-range into Mont. Co., problem is there's one 10 mi. traveling West on 242 off of 1314. Hey that's a great idea, let's put a business out of business that's been paying taxes to Mont. Co. for decades! I say keep Don Holbrooks bags unpacked and let him find a way to make a living feeding off the dregs of the over-built, over-taxed, and operating in the red section of the country he lives in, Las Vegas. Read about. I know first-hand what has happened there, I lived there 6 yrs. ago and moved before the area "tanked" That's right, Don, "Think TANK" Let's just hope Freindswood developement will come in and do what they've always done, build a nice community with businesses located in the special retail-zone set aside by the EMCID to at least partially mop-up the mess they've created for their constituents.

Soapboxmom

08-14-2012, 09:01 AM

How about a nice recommendation on the EMCID Facebook page:
(https://www.facebook.com/editaccount.php?ref=mb&drop)

https://sphotos-a.xx.fbcdn.net/hphotos-ash3/558467_10150810937535050_762330930_n.jpg (https://www.facebook.com/photo.php?fbid=10150810937535050&set=a.10150810937505050.472842.211107815049&type=1)

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-ash2/50355_211107815049_5543530_n.jpg
(https://www.facebook.com/photo.php?fbid=211110685049&set=a.482052420049.297208.211107815049&type=1)
EMCID Events (https://www.facebook.com/pages/EMCID-Events/211107815049) 392 likes · 7 talking about this · 44 were here
Local Business

21575 US Highway 59 North (http://www.facebook.com/l.php?u=http%3A%2F%2Fbing.com%2Fmaps%2Fdefault.asp x%3Fv%3D2%26pc%3DFACEBK%26mid%3D8100%26where1%3D21 575%2BUS%2BHighway%2B59%2BNorth%252C%2BNew%2BCaney %252C%2BTexas%26FORM%3DFBKPL0%26name%3DEMCID%2BEve nts%26mkt%3Den-US&h=9AQGQmlu3&s=1), New Caney (https://www.facebook.com/pages/New-Caney-Texas/107906555896303), TX (https://www.facebook.com/pages/Texas/108337852519784). 1 (281) 354-4419

About (https://www.facebook.com/pages/EMCID-Events/211107815049?sk=info)
Photos
(https://www.facebook.com/pages/EMCID-Events/211107815049?sk=photos)

392

Likes
(https://www.facebook.com/pages/EMCID-Events/211107815049?sk=likes)
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(https://www.facebook.com/pages/EMCID-Events/211107815049?sk=events)

Highlights (https://www.facebook.com/pages/EMCID-Events/211107815049#)

Recommendations

Heather Dawne Clarke Dobrott (https://www.facebook.com/heather.dobrott)I want to personally thank Frank McCrady. The dubious consultant, Don Allen Holbrook LLC, Frank McCrady brought into town and courted like a king is suing half of the planet. Don Allen Holbrook LLC has sued Cynthia Calvert, The Tribune, Craig Malisow, The Houston Press, Frank Maurizio, The Pahrump Valley Times, me (Soapboxmom) and John and Jane Does (all of you good taxpayers who dared to comment on these matters of public concern i.e. Earthquest.) Perhaps, McCrady will take care of all the legal bills for this totally frivolous suit with his Amex card. Lord knows it has paid for everything else Holbrook cooked up! One would think Don Holbrook would never be welcome to step foot in Texas again after this outrage!!!

pantherdadX2

08-14-2012, 06:11 PM

I'm wondering which load was easiest to bear? (1) the pony and camels load carrying the taxpayers children (for their entertainment) or (2) the load being carried by the PARENTS of those children (for Frank and Dons entertainment )?

Soapboxmom

08-15-2012, 02:19 PM

Registrant:
East Montgomery County Improvement District
PO Box 1019
New Caney, TX 77357
US

Domain Name: EMCTX.COM

Administrative Contact, Technical Contact:
Parmer, Suzanne http://source.domaintools.com/email.pgif?md5=13390d47d5d22e3e8276cf967f927528&face=arial&size=9&color=000000&bgcolor=FFFFFF&face=arial&size=9&color=0000FF&bgcolor=FFFFFF&format[]=underline&format[]=transparent&format[]=transparent (http://reversewhois.domaintools.com/?email=13390d47d5d22e3e8276cf967f927528)
PO BOX 1019
NEW CANEY, TX 77357-1019
US
281-354-4419

Record expires on 21-Dec-2014.
Record created on 21-Dec-1998.

Domain servers in listed order:

NS1.EASYDNS.COM
NS2.EASYDNS.COM
The website has been down since at least yesterday morning. What is up with that??? Did someone forget to pay the hosting service? Is Frank McCrady too busy wining and dining Holbrook and the dubious bunch from Front Sight to be minding the store???

pantherdadX2

08-16-2012, 08:10 AM

Maybe Frank is attempting to recoup some of the taxpayers money and hired the pony and camel to mind the store. After all, a bag of feed and a bucket of water IS a lot cheaper than two more diners in Chez Nous!

Soapboxmom

08-16-2012, 06:25 PM

Remember all of Don Holbrook's talk about his expertise in public / private partnerships (though he hasn't had a successful one in years.) Well, the self-proclaimed best selling author of economic development books, Lord and master of the internet and developer extraordinaire is not listed as a speaker for the big Public Private Partnership Conference to be held in Dallas in 2013. No surprise there!

Perhaps, someone will host a conference on the pitfalls of filing frivolous, harassment suits and he and Tim Darnell will be invited to speak and share the stories of their very public demises.

Speakers - P3C 2013 (http://thep3conference.com/speakers/)

Soapboxmom

08-16-2012, 08:35 PM

Oscar Gonzalez (https://www.facebook.com/Sign101)

Did the park, just roll over and die..???

August 11 at 3:33pm

2 people (https://www.facebook.com/browse/likes/?id=10151170046816217) like this.

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/275287_1334149417_329040121_q.jpg (https://www.facebook.com/dean.kerne)Dean Kerne (https://www.facebook.com/dean.kerne) Yes! I would not bet on this as an anchor for future growth for East Montgomery county. I would bet on the Exxon facility under construction in Spring ( bringing 10,000 jobs at that facility once fully completed) and the future expansion of the Grand Parkway.
August 11 at 9:07pm · 1 (https://www.facebook.com/browse/likes/?id=10151170567676217)
https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/275287_1334149417_329040121_q.jpg (https://www.facebook.com/dean.kerne)Dean Kerne (https://www.facebook.com/dean.kerne) The Grand Parkway Association (http://www.grandpky.com/home/)https://fbexternal-a.akamaihd.net/safe_image.php?d=AQDGIoJPRs7kDnZA&w=90&h=90&url=http%3A%2F%2Fwww.grandpky.com%2Fhome%2F..%2Fim ages%2Fheader1.jpg (http://www.grandpky.com/home/)The Grand Parkway Association (http://www.grandpky.com/home/)
www.grandpky.com (http://www.grandpky.com/)

August 11 at 9:07pm · 1 (https://www.facebook.com/browse/likes/?id=10151170567806217)

John Mullis (https://www.facebook.com/john.mullis2)

anything new?

July 6 at 12:43am near Oklahoma, TX (https://www.facebook.com/pages/Oklahoma-Texas/108835869143946?ref=stream)

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/275287_1334149417_329040121_q.jpg (https://www.facebook.com/dean.kerne)Dean Kerne (https://www.facebook.com/dean.kerne) no unfortunately........
July 6 at 8:57pm
John Mullis (https://www.facebook.com/john.mullis2) that sucks
July 8 at 2:03pm
https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/275287_1334149417_329040121_q.jpg (https://www.facebook.com/dean.kerne)Dean Kerne (https://www.facebook.com/dean.kerne) pretty much going to have to take the "believe it when we see it" stance on it, unfortunately.....
July 8 at 3:03pm
John Mullis (https://www.facebook.com/john.mullis2) i dont understand why the people involved cant just go to these companys ie disney or six flags or schlitterbahn and do a proposelle
July 8 at 3:04pm
https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/275287_1334149417_329040121_q.jpg (https://www.facebook.com/dean.kerne)Dean Kerne (https://www.facebook.com/dean.kerne) because that is what happens when the wrong people are involved and don't know what they are doing/try to take advantage of something for their own personal gain @ the expense of taxpayers of east montgomery county.
July 8 at 3:09pm · 1 (https://www.facebook.com/browse/likes/?id=10151095936856217)
https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/41724_100001118771685_314186812_q.jpg (https://www.facebook.com/Sign101)Oscar Gonzalez (https://www.facebook.com/Sign101) Built it and they will come.......
July 13 at 7:48pm
John Mullis (https://www.facebook.com/john.mullis2) so if it is a dino theme park that is wanted why not someone talk to dino quest in san antonio..
July13 at 11:31pm
John Mullis (https://www.facebook.com/john.mullis2) but Oscar Gonzalez (https://www.facebook.com/Sign101) your right build it and they will come
July 13 at 11:31pm · 1 (https://www.facebook.com/browse/likes/?id=10151107629136217)

Come on Holbrook. Keep chasing all those John and Jane Doe taxpayers. You haven't stopped the public debates about what crumb bum you are and how questionable your proposed projects may be.
What wonderful publicity for Holbrook's alleged public private partnership, economic development and business expertise all this hullabaloo will be! Holbrook hasn't had a successful project since 2006 if not before that I am am aware of, but is getting quite the reputation for being a threatening, litigious goon. Who will ever forget the way he very publicly attacked city officials in Ohio and taxpayers and media in Pahrump, Nevada and Texas. :loser:

Soapboxmom

Soapboxmom

08-16-2012, 08:38 PM

Joyce Hamilton (https://www.facebook.com/texjoy56)

https://fbexternal-a.akamaihd.net/safe_image.php?d=AQDA06MV0EyH5JtX&url=http%3A%2F%2Fi2.ytimg.com%2Fvi%2FydoXk4lkcqU%2 Fmqdefault.jpg (https://www.facebook.com/groups/110663281216/)

Earthquest Adventures Resort
www.youtube.comComing (http://youtu.be/ydoXk4lkcqU) soon 2012/2013 to New Caney, Texas 1600 acres Disney style theme park and resort with over 50 rides! and 2 water parks

Share (https://www.facebook.com/ajax/sharer/?s=99&appid=2309869772&p%5B0%5D=678395094&p%5B1%5D=354637427946291) · Yesterday at 8:07am

Oscar Gonzalez (https://www.facebook.com/Sign101) likes this.

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/41724_100001118771685_314186812_q.jpg (https://www.facebook.com/Sign101)Oscar Gonzalez (https://www.facebook.com/Sign101) This is just an old ad....that went up in smoke..
Yesterday at 3:48pm · 1 (https://www.facebook.com/browse/likes/?id=10151178981901217)

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-snc4/275287_1334149417_329040121_q.jpg (https://www.facebook.com/dean.kerne)Dean Kerne (https://www.facebook.com/dean.kerne) well said Oscar Gonzalez (https://www.facebook.com/Sign101), just like the dinos of the past, it is dead, much to the dismay of east montgomery residents/taxpayers!

Yesterday at 7:09pm

Another Dreamquest into space episode featuring Dr. McCoy pointing out the obvious. "Its dead Jim!!!"

littleroundman

08-16-2012, 08:41 PM

Who will ever forget the way he very publicly attacked city officials in Ohio and taxpayers and media in Pahrump, Nevada and Texas.

Certainly not anyone looking for an economic development consultant anytime between now and the Twelfth of Never

Soapboxmom

08-18-2012, 09:10 AM

It appears the Front Sight deal in Pahrump may be dead in the water. A source shares that Nye County will not support the project. Without the support of the county this deal cannot go forward, unless of course Front Sight will finance everything. The city of Pahrump can only bond for sewers, so there will be no money for that screwball deal. So much for all of Don Allen Holbrook's expertise! Bye, bye Holbrook! :fishing_can:

Soapboxmom

Soapboxmom

08-18-2012, 09:16 AM

New Caney Dino Park Discussion & Rumors http://www.houstondinopark.com/images/spacer.gif
COMMENTS

Comment by: on Aug. 18th, 2012 - 8:55am
Putting aside all the lawsuits, bickering and blah, blah blah, the results speak for themselves. Show me ANY progress. Please. Anything? A shovel of dirt? Anything? No, despite the money spent and pretty pictures passed around NOTHING has happened! Those results speak for themselves. Nobody can argue with that point. If you want proof, cover yourself with some decent insect repellent and go look. I think everyone wants this park built, but nobody involved has produced anything to show for money spent. I feel bad for Don Lessem. He deserves better than this CF of a situation. Want this park built? Wipe the slate clean and start over with a very expensive lesson learned.

Exactly!!!

Soapboxmom

08-18-2012, 11:16 AM

http://kingwoodunderground.com/topic.jsp?s=240&topicId=11722526#END (http://kingwoodunderground.com/account.jsp?id=3883712)

Soapboxmom [QUOTE] --- 7 days ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3883712&otype=ACCOUNT&btype=HIDE&dest=topic11722526) Don Allen Hobrook is coming back to milk the EMC cow again. He is working for Front Sight. We should never allow Holbrook to set foot in Texas again. Let's say no to Front Sight and Holbrook!!!

Questions raised over economic developer’s new role | Pahrump Valley Times (http://pvtimes.com/news/questions-raised-over-economic-developers-new-role/)

joshuadrake (http://kingwoodunderground.com/account.jsp?id=3891379) --- 16 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3891379&otype=ACCOUNT&btype=HIDE&dest=topic11722526) I agree with many here that insane people like soapboxmom, littleroundman, Prof. Henry Higgins eagle, and others from realscam are worst than any business practice. I will join the goal to have them and others persecuted or worse (hoping.

To all zeek reward members who want to know why their program was closed it is these people with no life who cause issues. Most businesses pay their employees with new money and so does the government. So Zeek rewards members that were hurt go visit Soapboxmom and the insane group with bad lives in person.

u uic (http://kingwoodunderground.com/account.jsp?id=3856359) --- 16 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3856359&otype=ACCOUNT&btype=HIDE&dest=topic11722526) http://builder.investmentleadergroup.com/header.jpg

Peddle your crap somewhere else. I am glad you and your cronies failed. No we do not beleive the junction of i 69 and roman forest is central to all America.

Holbrook has the most boneheaded scammers in town rushing to his defense. Now, a Zeekster has jumped in the fray:

SEC shuts down alleged $600 million Ponzi scheme - Aug. 17, 2012 (http://money.cnn.com/2012/08/17/technology/zeek-rewards-ponzi-scheme/index.html)

Holbrook is going to be so sorry he opened this can of worms. His problems with Huber Heights have gone viral and he is attracting the lowest common denominator to be sure!

Soapboxmom

Soapboxmom

08-18-2012, 11:40 AM

Earth Quest Adventures
http://www.emctx.com/images/spacer.gif
Did You Know?
http://www.emctx.com/images/spacer.gif
Economic Development
http://www.emctx.com/images/spacer.gif
Scholarship Foundation

http://www.emctx.com/images/dinosaurs-sm.jpgEarthquest Adventures Theme Park is a resort style thematic theme park currently under design to bring travel and tourism opportunities to the East Montgomery County area in the near future.
LEARN MORE >>> (http://www.emctx.com/about/minutes.php)

That page now goes to the Board minutes:

East Montgomery County Improvement District (http://www.emctx.com/about/minutes.php)

So, we learn from the minutes that the new budget is approved and Earthquest Adventures is to receive NO funding. That is apparently the chicken's way out of saying it is not going forward. It is clearly dead, Jim!!!! That is the end of Holbrook's ridiculous blown up Dreamquest it appears.

Soapboxmom

littleroundman

08-18-2012, 11:58 AM

So, we learn from the minutes that the new budget is approved and Earthquest Adventures is to receive NO funding. That is apparently the chicken's way out of saying it is not going forward. It is clearly dead, Jim!!!! That is the end of Holbrook's ridiculous blown up Dreamquest it appears.

Soapboxmom

Any info who's going to get the blame for this ??

I'm busy all next week, so can you get Holbrooks' crack legal team to hold off until the following week to have me served ??

ProfHenryHiggins

08-18-2012, 01:13 PM

Just a Zeekster, SBM? That's like saying that refined sugar only comes in 1 pound bags and is solely used for making cakes.
In this case, the account joshuadrake has a link in his profile, that makes it appear that he is Joshua Kenneth Drake of Denver, Colorado (although his Google+ profile claims to be in Berkeley, California), a man who jumps on and promotes to death one bandwagon after another without caring what the truth behind them were before he starts.

Case in point... as "jkdrake1" in this discussion: http://jobitvideo.com/2012/05/26/legalish-legal-brief-llb-may-2012-finance-act/

Looking around the Web, one finds his email account of 123jkd@gmail.com , phone number 352-359-3127, and Skype link of DrakeOne24 plastered across so many sites that one would think that he really should be worrying about The Streisand Effect being used against him if he throws his hat into the ring to lobby in favor of harming someone else. Like he seems to have here. Not just a Zeekster, he's also been pushing Royalty7, JustBeenPaid, UltraXProject, HugeYield, 10levelriches, Wealth4All, TextCashNetwork, and many others. Goodness gracious, the man offers to manage other people's money for them at the steep fee of 20% of their profits per month!

Soapboxmom

08-18-2012, 02:30 PM

Any info who's going to get the blame for this ??

I'm busy all next week, so can you get Holbrooks' crack legal team to hold off until the following week to have me served ??
I would be so honored to have you as a co-defendant, but Holbrook's attorney, Sue Seeberger, probably couldn't locate you regardless. The poor dear is still trying to find Pahrump, Nevada in Ohio. She did assure the judge that all of her third-party petition concerned Holbrook's dealings in Ohio mind you.

The delusional attorney wrote:

While Don Allen Holbrook, LLC may have other claims against the Third-Party
Defendants based on other Agreements breached in other jurisdictions outside of Ohio, Don
Allen Holbrook, LLC has not alleged those claims before this Court. All of the allegations in the
Counterclaim and the Third-Party Complaint arise from and relate to the breach of the
Agreement with the City.

Pahrump, Nevada is not in Ohio and has nothing to do with the folks in Huber Heights getting smart and sending that idiot Holbrook packing.

1525
Page 19: $80,000.00 in damages for Pahrump.

1526

It appears Seeberger had a response due yesterday:

http://www.clerk.co.montgomery.oh.us/pro/images/adobe.png
08/08/2012
ORDER SETTING SUBMISSION DATE MOTION TO DISMISS OF CYNTHIA CALVERT SUBMISSION ON 8/27/12; RESPONSE DUE 8/17/12; REPLY DUE 8/24/12

I am waiting for that with bated breath!

Soapboxmom

pantherdadX2

08-18-2012, 09:29 PM

:whip:::judge:

Soapboxmom

08-18-2012, 11:05 PM

1528

does place matter

ANYMORE?... YES, BUT!

By Don Holbrook, CEcD, FM....

The East Montgomery
County Improvement District (EMCID), as part of its
role in the Greater Houston Partnership, has responded
to market forces such as those identified in the Mega
Trends by looking at its market through the eyes of
investors, with no particular knowledge or affinity for
its region.

By following the five steps described next, EMCID not
only responded to recent economic setbacks such as the
loss of its own Astro-World Six Flags Theme Park but also capitalized on its strengths of being one of the
world’s leading energy centers. EMCID’s support for the
EarthQuest project has given it an entirely new approach
to recreating the brand of defining the greater Houston
economy for residents, employees, and visitors.

“We expect that EarthQuest will uniquely
fill a need in the US for green housing and
commercial space. When you consider it
alongside other, more high profile efforts
such as MASDAR in the UAE and Dong Tan
in China, EarthQuest will differ in that it
will be a practical, cost effective example of
how to utilize green technologies to
reduce carbon footprints and also be an
economically viable multi use master planned
diverse community. If we play our cards right,
it could become a standard for
responsible, practical development in this
new green economy as well as an
economic development engine for new
technology research and development.”

Dr. Matt Gardner, Chief Scientific Officer
The EarthQuest Institute, New Caney, Texas

Frank McCrady, president of EMCID, says “the
EarthQuest project evolved and has been successful
because we agreed early on that it would be necessary to
step outside the box of known realities and take calculat-
ed risks with private sector partners to define a new real-
ity that will deliver a future that will be full of new
opportunities for us and our region and recognized by
the private sector as a sound investment.”

In the case of EarthQuest, the EMCID board commis-
sioned a third party study by experts on this subject and
then sought additional expertise to review the findings of
the first conclusive report of findings and recommenda-
tions. This set the tone for further actions.....

EMCID created a consultant driven strategy for how
to fund the gaps in the financial conditions that would
need to be addressed to attract investor support to drive
a public-private partnership. This became the crux of its
foundation for incentives to close the deal, once terms
could be agreed upon that met economic development
goals and attracted an investor to support the capitaliza-
tion of the project.....

Again, EMCID and its new private investment partner
created an MOU of agreed upon deliverables, invest-
ments, and key milestones that would be supported by
expert advice on how to execute a planned project and
bring it to fruition....

In the end, the EarthQuest project created a new state
legislatively supported Economic Zone to enable the spe-
cial environment to exist in East Montgomery County to
allow the EarthQuest project to come to fruition.
EarthQuest built its investor package by leveraging
the relationships of the locale, region, and state and
required a comprehensive mesh of state, regional, and
local partnerships along with the private sector to create
economic development project that will meet the
market needs of the global investment culture.

“Communities need to be proactive in their
development of investment opportunities. With the
continued shrinkage of the planet through transportation and
communication technology, it is easier than ever to attract
consultants. These consultants say
simply “prove what you say” and sup-
port it with impartial third party
expert data and research, so my client
will feel comfortable making this
investment and then stand behind
your promises with the right cus-
tomized incentives that make our
business globally competitive.
Today, there is no room for cookie
cutter economic development poli-
cies.

Christopher G. Brown, P.E. President
Contour Entertainment, Inc.

In conjunction with a 1600-acre green master
planned community and a green-theme park which will
be the largest destination attraction in the country next to
Disney World, this project will have a huge economic
impact on the Houston region. It will play a key role in
key market forces such as site location consultants;
the process of transforming Houston into the renewable
energy capital of the world. The overall EarthQuest proj-
ect has both 501(c)(3) elements and a multi-billion dollar
private sector element that work in tandem to give
uniqueness to the overall EarthQuest project. The project
will have residential, retail, hospitality, entertainment,
commercial/office, research, education, and manufactur-
ing elements comprehensively balanced throughout the
1600-acre economic zone.

Economic Development Journal / Fall 2008 / Volume 7 / Number 4

This fantasy filled pile of excrement was published 4 years ago. Holbrook has been shoveling it high and deep for years. The IEDC sits back and cheers him on while he lies to and misleads clients and millions of tax dollars are wasted. The IDEC is a joke as it is clear they do not enforce their code of ethics and discipline their members. Who would trust anyone from that organization under these conditions?

EMCID has allowed Frank McCrady to run loose and wild and spend money virtually uncehecked. If Frank was in the real world working for a company, he would have been disciplined and fired long ago.

The taxpayers in EMC have been screwed out of literally millions of dollars by these carpetbaggers. Don Allen Holbrook also absconded with the charity money to the tune of at least $328,000.00 or more and left it defunct with not a single charitable purpose ever accomplished. Much of that money was tax dollars funneled through EMCID and the funds of hard working local business people who got burned by this pipe dream. Numerous local residents that bought into this con game made investments in hotels, RV parks and other businesses that have gone under while numerous breaking ground and completion dates have passed with nary a shovel full of dirt ever moved.

Holbrook is still parading around the country and desperately looking for more suckers to sell on his destination theme park garbage. Pahrump has been running him out and it is becoming more and more obvious why Huber Heights, Ohio filed suit. That whole contract centered on Holbrook furthering this same destination theme park scam that allows him and Contour to make hundreds of thousands of dollars even if the project is never funded and built.

In e-mails to Pahrump, Holbrook stated that Earthquest would break ground in December 2011 or early 2012. He also said that Contour had had control of the project as the developer since signing an agreement with EMCID in May 2011. That makes Contour yet another failed developer. After more than a year, they haven't even secured the funds to buy the property. Contour is now babbling about getting a new feasibility study. What part of EMCID doesn't have another dime to blow on this Fantasy Land is confusing for Contour???

http://www.pahrumpnv.org/images/uploads/downloads/110614_Backup3.pdf

I am told that while wallowing in bankruptcy again, his Majesty, the Lord and master of the internet, is still living the lifestyle of the rich and famous. This *******, Don Allen Holbrook, had the nerve to waltz in and empty the coffers with the taxpayers taking 100% of the risk on this blown up Fantasy Land. Then, Holbrook had the absolute gall to turn around and sue the taxpayers and media that dared to speak out. I will work tirelessly to expose the truth and see no more good, honest taxpaying citizens get burned by Holbrook!!!

Soapboxmom

Soapboxmom

08-19-2012, 01:41 PM

Flags Real Estate
Tracy Lee Supple
22616 Loop 494
Kingwood, TX 77339
281-682-6389 (Cell), 281-359-5881 (Office)
e-mail: Tracylee3888@tracyleerealty.com
Dinosaur Park – Earth Quest Adventure
Plan for dino park project grows
By ROYCELYN BASTIAN May 2, 2008
rbastian@hcnonline.com
Outlet malls, hotels and housing have been added to the EarthQuest Adventures Dinosaur Park project, according to the East Montgomery County Improvement District.
Initially, the project was proposed to just be a museum and theme park with a net ad valorem base of $700 million. After further discussion and additional planning, more activities have been added to the scope of the project.
“Since that time, we further discussed other components that will be contained in the development. Particularly a hotel site as well as other retail opportunities,” said Frank McCrady, president of EMCID. “With the investment group and developers that are looking at the project, they have gone far and above the initial concept of just a theme park.”
Along with the theme park and museum, developers are now looking into putting an eco-hotel component in the project that will offer treetop lodging. On the west side of the area will be the tourism attraction where there is room for four hotels in the development.
One of the biggest significant changes of the project is the ad valorem base of $700 million has increased to $1.5 billion, which includes hotel sites, outlet malls, outlet retail as well as low-, mid- and high-density housing.
“If you break apart the project, the majority of the housing development is contained for the Roman Forest community and the retail and outlet side is contained in the transportation corridor of U.S. Highway 59 on both sides,” McCrady said.
The theme park and museum will be on the further west part of the development. The project also includes space for future retail expansion and office space.
With changes to the dinosaur park, EMCID feels it has increased the investment in the community and diversified the base of the project instead of a single-purpose development.
The EMCID board of directors approved a memorandum of understanding on EarthQuest Adventures. This document outlines reimbursement procedures regarding the developer to reimburse EMCID for the amount of expenses that has been incurred on the front end of the project.
“Initially, we (EMCID) funded money in the beginning towards the project in the amount of $650,000 and our developer has agreed to reimburse us,” McCrady.
Beyond the $650,000 that the improvement district put in, it also committed to put in $4.5 million and is receiving consideration in the re-investment in the project.
“By the time we get to November, we are looking at doing a bond issue just to fund the developer $4,150,000,” he said.
The memorandum of understanding also covers the repayment by the for-profit once it receives its construction funding in 2009 and breaks ground. A portion of the construction fund will go back to EMCID.
If the project does not move forward, the agreement will allow EMCID to purchase certain tracts of land. The district started the project by committing to the museum, a 50-acre site.
“This is a binding document. Once we get to November, regardless of the economy, it puts the burden on EMCID to allocate the funding toward the developer for the reimbursement of their expenses,” McCrady said. “With economic development projects, there are inherent risks. A risk of $4 million in relation to a $1.5 billion investment in our community is a good return on your investment.”
For more information on EarthQuest Adventures, call the East Montgomery County Improvement District at 281-654-4419.
©Houston Community Newspapers Online 2008
__________________________________________________ __________________________________________________ _____
Dinosaur park gets green light
By ROYCELYN BASTIAN – March 4, 2008 rbastian@hcnonline.com
A memorandum of understanding regarding the future development of the dinosaur park and museum, also known as Earth Quest Adventures, should put the negative rumors flying around East Montgomery County to bed.
The East Montgomery County Improvement District along with the developers Marlin Atlantis and Don Lessum have ironed out the details regarding the 150-acre dinosaur park and 50-acre museum that is scheduled to be completed by 2012.
“The memorandum of understanding outlines the details of how the revenue for the dinosaur park is going to be utilized toward the development. We know the project investment is approaching close to $700 million and with that, we know that’s going to continue to grow,” said Frank McCrady, president of the East Montgomery County Improvement District.
Projections call for 2.5 million people to visit the dinosaur park in the first year, which will bring in a projected $175 million. Based on those numbers, EMCID is expected to catch a $1.75 million windfall from the amusement park project based on its 1 percent sales tax.
The agreement also finalized a zone sales tax, which will include an additional half-percent sales tax within the zone.
“From the zone, we anticipate that we should receive about $87,500 in revenue,” McCrady said. “There is also a proposed parking tax for cars, which are parked in the zone attending the venue and we are expecting 600,000 cars annually.”
With that, developers have pledged to contribute approximately $400,000 a year into the district’s scholarship endowment fund.
A hotel tax in the dinosaur park is another anticipated revenue stream for the area. Right now, there are 15 hotels that are scheduled to be built around the park, which will generate $1.8 million annually. The proposal also includes a 300-room hotel that will be constructed inside the park that is expected to generate $1.4 million in hotel tax annually.
“Another feature that we looked at is with travel and tourism projects coming to an under-served community. We think that our existing vendors should see a 14 percent increase in revenue and that will generate another $420,000 in annual sales tax,” McCrady said.
If things go according to plan, it is projected that approximately $6 million to $6.5 million will be utilized towards park improvements and other projects such as expansion in the water and theme park.
“Time wise, we should see them break ground in nine to 12 months on both the dinosaur park and museum,” McCrady said. “What you will see in the meantime is there will be a lot of engineering and environmental studies and testing done at the site.”
East Montgomery County was chosen as the site for Earth Quest Adventures out of approximately 64 communities around the country.
The improvement district as well as other members of the community worked closely with state representatives and senators to get a bill passed in the recent state Legislature. That effort was successful and the bill, HB 4015, is currently on the governor’s desk waiting to be signed.
It is projected that this 150-acre site will attract more than two and a half million people and will create 2,700 jobs in the area, with 30,000 jobs just for the construction phase. The economic revenue from this project will not only benefit EMC, it will also impact the another surrounding communities.
©Houston Community Newspapers Online 2008
__________________________________________________ __________________________________________________ ____
Dinosaur park promises mega fun
Wednesday, February 20, 2008
PATSY OLIVER
The expansive 150-acre dinosaur park, set to come to New Caney in mid-2010 if all goes as planned, promises to deliver fun for the entire family.
Since the demise of Astroworld has left some in the area hungry for a theme park, this new venture cannot come a moment too soon.
Andy Dill, president of the Community Chamber of Commerce of East Montgomery County, spoke to the Kingwood Realtor Advisory Board Feb. 14 about growth in East Montgomery County.
Dill said that although his portion of the county is often forgotten as part of Montgomery County as a whole, growth there is tremendous, and getting the dinosaur park is remarkable.
Dill explained that 68 cities and 29 states submitted proposals for the park, and New Caney was the developer's top pick. Dill explained that the man behind the park, Don Lessem, said that the East Montgomery County Improvement District's commitment to education was a deciding factor. Each year, EMCID awards $1,000 scholarships to all district residents who graduate from high school or earn GEDs, regardless of their age.
Lessem is a renowned paleontologist and consultant for the movie “Jurassic Park.” Dill said that education is of the utmost importance to Lessem, and that the new theme park will provide many opportunities for visitors, especially children, to interact and learn.
The destination has been named Earth Quest Adventures, leaving the concept open to many avenues for 'edutainment.' Dill said that visitors can expect a 4-D theater. He explained that “4-D is when everything around you is part of the deal. If a dinosaur sneezes, you're gonna get wet.”
He said that there will be a very chilly Arctic room, dinosaurs on display, and an observation station where visitors can interact with real paleontologists.
“The concept is that they would be talking live to paleontologists somewhere around the world on location at a dig site,” said Dill.
Earth Quest Adventures will be located off U.S. Highway 59 North, near FM 1485 and along Caney Creek. The first phase of the project, the $50-million museum, is set to break ground this year. An entirely green facility, the museum will have wind turbines on the roof and will generate its own electricity.
The total project is expected to include rides, a water park, a high-rise hotel and conference center, and more. It is anticipated to provide more than 2,700 jobs, plus thousands of construction jobs, and draw about 2.5 million visitors annually. The price tag has grown to 10 times the first-reported amount.
“Phase 1 is $50 million,” said Dill. “The project is now somewhere north of $500 million.”
© 2008 Ourtribune.com
Film adviser will design theme park in New Caney
Site to provide entertainment, research venue
By KATHERINE ECHOLS Chronicle Correspondent
8-1-2007
Plans are moving forward for "Dino" Don Lessem's Earth Quest Adventure Zone, a dinosaur-themed education and entertainment venture to open in New Caney by 2012.
Both the East Montgomery County Improvement District and Gov. Rick Perry are working hard to ensure that this project succeeds, officials said.
Perry recently signed House Bill 4015 to create a tax zone that will help finance the estimated $500-$600 million project. This tax will be included in the park's entry fee, said Frank McCrady, CEO of the East Montgomery County Improvement District.
Earth-friendly park
Lessem is a paleontologist, author and consultant who was an adviser for the Stephen Spielberg blockbuster Jurassic Park. His pet project has been called a dinosaur park, a dinosaur city and a theme park, but his concept for the park has remained relatively the same.
Don Holbrook, who is in charge of site selection and economic development for the New Caney area park, said Lessem envisions Earth Quest Adventure Zone as an earth-friendly park that will provide education through entertainment, create a renewed interest in dinosaurs and make Houston a premier dinosaur center.
This entertainment venue will not only educate park visitors about dinosaurs, but also about the relationship that human beings have with their planet, its animals and even technology, Holbrook said.
Hotel, theater planned
When Earth Quest Adventure Zone is completed, it will cover 250 acres north of Caney Creek and include dinosaur-themed exhibits, a hotel complex and spa and a theater complex tied to the hotel.
In addition, the park also will house a working research laboratory and the world's largest collection of dinosaurs and dinosaur bones. Holbrook said Earth Quest will be a center for dinosaur resources, research and education.
Further additions to the park are still being considered and may eventually include an immersive aquatic experience, animals, and an educational and entertaining online computer game that would allow participants to continue their gaming experience during their visit to Earth Quest.
Linking the park with a game would "put bricks and mortar to the online game experience," Holbrook said.
Not only does Earth Quest Adventure Zone represent Lessem's love of paleontology and his desire to share his passion through education, but it also represents his environmental conscience, Holbrook said.
The park will be engineered so that it can use alternative energy systems.
"As a green park or green zone, it will demonstrate how we can live in harmony with the environment and, whenever possible, offset (our) ties to fossil fuels," Holbrook said. "People really respect (Don) because he does what he says he'll do."
Mega Fantasy Land blow up and Don Allen Holbrook had a finger in every single pie. He worked for the failed developer, EMCID, the defunct charity, brought in friends for the fundraising and other consulting. He and his LLC made at least 1.2 million from 2007-2010. Why has our Montgomery County not taken more decisive action??? Don doesn't do what he says he will do. He just laughs all the way to the bank!!!

Soapboxmom

Soapboxmom

08-19-2012, 01:51 PM

kuhf houston public radio
public radio news & information twenty four hours a day from houston, tx

KUHF Business News
Tuesday AM April 14th, 2009

by: Ed Mayberry

Plans are still underway for an Epcot-styled green theme park, as part of a "green" community here in Houston. Ed Mayberry talked with economic development consultant Don Holbrook for an update.

The new EarthQuest development will encompass retail stores, an outlet mall, restaurants and hotels, a convention center, office space, a research facility, a zoo — and "green" homes, according to Don Holbrook, president and CEO of the EarthQuest Institute.

"We're excited about it. I mean, it's — we've been in the process of planning this for six years, so we think the kind of a perfect storm came along and helped us. But we're going to break ground probably next year — first or second quarter of 2010 — with opening planned in 2012, late 2012. My original undergraduate degree was in urban planning and environmental studies. So I joke that I've been a 'green' developer for all my career, which I won't say how many years that is, but it's getting up there now, at this point."

EarthQuest Institute is a non-profit entity advocating green technologies. The institute is overseeing a planned museum and various education components in conjunction with the “green” vision of this master-planned community, according to Holbrook, who attended a recent forum on alternative energy.

"We're excited by it. We're hoping that President Obama will get the credit markets opened up! We're not worried about the equity, we're worried about the debt markets! But very excited, we think Houston's a great place for this. It's the energy center of the country. There's no one pixie dust solution for all this. It's a collaboration of all the energy companies and technologies that we believe are going to create the solutions. And so we're excited to be kind of that showcase, to show those off for people here in Houston — to make Houston not only just a huge eco-tourism and green tourism destination in the country, but a great place to come and learn about sustainable energy, clean technologies, energy conservation and see things from around the world."
The EarthQuest Resort will be located off of highway 59 in New Caney.

Ed Mayberry, KUHF Houston Public Radio News.

Soapboxmom

08-19-2012, 02:27 PM

The Kingwood Underground rocks!

u uic (http://kingwoodunderground.com/account.jsp?id=3856359) --- 22 min ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3856359&otype=ACCOUNT&btype=HIDE&dest=topic11722526) A true investment is not talked about its built. So EMCID gave money to a man that just talked. Why are they not filing a lawsuit themselves? Are they part of the scheme? A simple blog does not shut down a project. These questions were asked many years ago when taxes skyrocketed. At the end of the day show what your worth. There is nothing to show except a bankruptcy and empty promises. No investor would spend money on this project. All SBM did was one person that stopped the madness of lies. Mr Holbrook should be happy he got money for nothing. All he did was preach a scheme and he risked nothing.

Soapboxmom

08-19-2012, 04:57 PM

Holbrook's bankruptcy is getting very juicy:

1530

1531

1532

1533

Those expenses just don't make any sense. I am glad the bank from KY has objected. They should get to foreclose on that rental property that makes Holbrook $500.00 a month. He is out living like a king while trying to reduce all those payments and write off mountains of debt again. The lawyer is sure making a killing off of Holbrook's shenanigans! How many others in bankruptcy have a secret business account to draw off of as they wish??? No way he is living the way that paperwork makes it look that he is.

Soapboxmom

fjjm303

08-19-2012, 11:54 PM

pantherdadX2

08-20-2012, 07:53 AM

ATTENTION!!!!!GROUNDBREAKING NEWS!!!!!....Dirt finally being moved on EarthQuest project!!!!!....will update on my next post

pantherdadX2

08-20-2012, 08:22 AM

After recording unusually high seismic readings from the New Caney/Roman Forest area, a U. S. Geological Survey team was sent to investigate. Upon further investigation, it was determined a massive colony of termites finished devouring the stumps and root systems of the trees that had surrounded the faded EarthQuest sign, and are furiously tunneling thier way to the wooden poles holding it up!!!!:chickendance:

Soapboxmom

08-20-2012, 08:35 AM

What a scam. This outfit is the Town of Pahrump Lawyers. I wonder if he is getting a discount for them filing.

LOUIS M. BUBALA III, ESQ.
Nevada State Bar No. 8974
ARMSTRONG TEASDALE LLP
50 W. Liberty St., Ste. 950
Reno, NV 89501
Telephone: 775.322.7400
Facsimile: 775.322.9049
Email: lbubala@armstrongteasdale.com
GORDON R. GOOLSBY, ESQ.
Nevada State Bar No. 11578
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Pkwy., Ste. 200
Las Vegas, NV 89169
Telephone: (702) 678-5070
Facsimile: (702) 878-9995
Email: ggoolsby@armstrongteasdale.com
They want to foreclose on Don Holbrook's Kentucky home he uses as a rental property. Kudos to them for objecting to his attempts to rework the loan when he is living the lifestyle of the rich and famous while in bankruptcy. Thumbs down for the nonsense going on in Pahrump! Of course getting involved in Holbrook's bankruptcy might enlighten them.

littleroundman

08-20-2012, 09:06 AM

Soapboxmom

08-20-2012, 09:53 AM

Holbrook's attorney is still chasing around poor Craig Malisow after all this time.

GREGORY A. BRUSH
MONTGOMERY COUNTY CLERK OF COURTS
41 N. PERRY STREET, DAYTON, OHIO 45222
INSTRUCTIONS FOR SERVICE
CITY OF HUBER HEIGHTS OHIO
PLAINTIFF/PETITIONER
2012 CV 02947
DON ALLEN HOLBROOK LLC
DEFENDANT/RESPONDENT
PLEASE ISSUE SERVICE TO: (Name and Address)
CRAIG MALISOW
CO THE HOUSTON PRESS
1621 MILAM STREET SUITE 100
HOUSTON, TX 77002
VIA: Regular Mail
SERVICE PROVIDER:
TO BE SERVED (List all Documents to be Served)
AMENDED COMPLAINT SECOND AMENDED THIRD-PARTY COMPLAINT WITH EXHIBITS
ATTACHED FILED BY SUE SEEBERGER
Electronically Requested by: Sue Seeberger
Attorney for: DON ALLEN HOLBROOK LLC
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, August 17, 2012 3:22:31 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17445494
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
This is such a loser of a case. Malisow published nothing until April. Him asking for info for an article to be published in April had nothing to do with the fact Huber Heights was unsatisfied with Holbrook's work in March and possibly before. I hope the many defendants turn this around on that creep Holbrook! I certainly did not loan Malisow nor the officials in Huber Heights my time travel broomstick!

Soapboxmom

Soapboxmom

08-20-2012, 10:38 AM

1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
MEMORANDUM IN OPPOSITION OF
DEFENDANT/THIRD-PARTY
PLAINTIFF DON ALLEN
HOLBROOK, LLC TO THIRD-PARTY
DEFENDANTS CYNTHIA CALVERT’S
AND HARTBURG PUBLICATIONS,
LLC’S MOTION TO DISMISS FOR
LACK OF PERSONAL JURISDICTION
AND MOTION TO QUASH SERVICE
OF PROCESS
I. INTRODUCTION
Defendant/Third-Party Plaintiff Don Allen Holbrook, LLC (“Defendant” or “DAH,
LLC”) opposes Third-Party Defendants Cynthia Calvert’s and Hartburg Publications, LLC’s
Motion to Dismiss for Lack of Personal Jurisdiction and Motion to Quash Service of Process
(“Motion to Dismiss”) to dismiss the Second Amended Third-Party Complaint (“Third-Party
Complaint”) filed against them under the holding in Kauffman Racing Equip., LLC v. Roberts,
126 Ohio St.3d 81, 2010-Ohio-255, ¶ 74, in which the Ohio Supreme Court refused “to allow a
non-resident defendant to take advantage of the conveniences that modern technology affords
and simultaneously be shielded from the consequences of his intentionally tortious conduct.” Id.
Thus, DAH, LLC asks this Court to deny the Motion to Dismiss and to quash service of process
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, August 17, 2012 3:14:59 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17445430
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO2
and to conclude that this Court has personal jurisdiction over Third-Party Defendants Cynthia
Calvert and Hartburg Publications, LLC (“HP, LLC”) under R.C. 2307.382(A)(3) and (6) and
that they have been properly served with process under Civ.R. 4.3(A)(3) and (9) and to conclude
that exercising personal jurisdiction over them will not violate the Due Process clause of the
United States Constitution.
II. STATEMENT OF FACTS
DAH, LLC is an Arizona limited liability company registered to conduct business in the
State of Ohio and also conducts business around the United States of America and elsewhere as
an economic developer in the public and private sectors. Third-Party Complaint, ¶ 1. Mrs.
Calvert lives in Kingwood, Texas. Affidavit of Cynthia Calvert (“Calvert Aff.”), ¶ 1. Mrs.
Calvert is a member and Chief Executive Officer of HP, LLC, dba The Tribune. Calvert Aff., ¶
2. The website for The Tribune is Ourtribune.com (http://www.ourtribune.com). Calvert Aff., ¶ 12.
Mrs. Calvert and HP, LLC have attached an article she wrote and posted on February 7,
2012 as part of Exhibit A to her Affidavit, in which she makes questionable and unsupported
factual statements about possible criminal and/or unethical conduct by DAH, LLC as an
economic developer. Calvert Aff. ¶ 8 and Exhibit A attached thereto. Mrs. Calvert has
published articles including defamatory, derogatory, and false statements about Don Allen
Holbrook, LLC, that she later posted on ourtribune.com and has not stopped other from reposting her defamatory, derogatory, and false statements and articles, in order that such postings
exploit search engine optimization on websites such as Google so that defamatory, derogatory,
and false statements about Don Allen Holbrook, LLC, go “viral” and are listed at the beginning
of a search for “Don Allen Holbrook, LLC”, “Don Holbrook”, “Holbrook” or other variations on
the name, on internet search engines and which postings which have been seen and downloaded 3
from the internet by persons residing in the State of Ohio, including but not limited to,
Court gives EarthQuest developer time to raise money, save project - Tuesday, February 07, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13295;) - Wednesday, December 31, 1969 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id)
=13408; and http://www.ourtribune. com/article.php?id=13452. Third-Party Complaint, ¶ 7.
Internet postings and articles by Mrs. Calvert on Ourtribune.com (http://www.ourtribune.com) have been seen
and downloaded by persons in Ohio, including but not limited to Shelli Nestle, Steven Carne,
and Roger Reynolds. See Affidavit of Shelli Nestle (“Nestle Aff.”), ¶¶ 1-2 attached hereto as
Exhibit A; Affidavit of Roger Reynolds (“Reynolds Aff.”), ¶¶ 1-2 attached hereto as Exhibit B;
Affidavit of Steven Carne (“Carne Aff.”), ¶¶ 1-2 and attached hereto as Exhibit C. All of these
negative threads and postings began well before February 28, 2012. Nestle Aff., ¶ 3; Reynolds
Aff., ¶ 3; and Carne Aff., ¶ 3.
DAH, LLC entered an Agreement with the City of Huber Heights, Ohio (“City”) to
perform an economic development business case analysis with the assistance of the City Staff
and collaboration of the current developer. Affidavit of Don Allen Holbrook (“Holbrook Aff.”),
¶ 2 and attached hereto as Exhibit D; Third-Party Complaint, ¶¶ 14-20 and Exhibit 1 attached
thereto. The City Council adopted a Resolution on December 12, 2011, approving the
Agreement and payments to DAH, LLC. Third-Party Complaint, ¶¶ 14-16 and Exhibit 2
attached thereto. Under the Agreement, the City was to be invoiced a total of $66,000.00, of
which the City has only paid $53,800.00 leaving an outstanding balance of $12,200.00 owed,
thereby breaching the Agreement. Counterclaim, ¶ 39.
The Agreement stated that the recommended “scope of work . . . . would require the
assistance of the City Staff and collaboration of the current developer to provide information and
collaborate on conceptual development strategies.” See Exhibit 1 attached to the Third-Party
Complaint. Donnie Jones, Assistant City Manager, was directed by former City Manager Gary 4
Adams to work with DAH, LLC on various incentives and financing models, but failed to do so.
Third-Party Complaint, ¶¶ 22, 24, 25, 30, 31, 33.
On Tuesday, February 7, 2012, Mrs. Calvert admits that she posted an article entitled
“Court gives EarthQuest developer time to raise money, save project” on Ourtribune.com (http://www.ourtribune.com),
which included the following purportedly factual statements about Don Allen Holbrook as an
economic developer:
“But the road that Holbrook has traveled, both to New Caney, Texas, and
numerous other towns across the U.S.A., is a long and winding journey,
littered with disappointment and controversy.
Furthermore, a diligent search by The Tribune of documents, newspaper articles,
public filings, websites, etc., paints a vastly different portrait of this supposed
‘entrepreneur extraordinaire”. And it seems that trouble follows Holbrook to
almost every town that invites him into their community, and their coffers.
For example, . . .
. . . . Another disturbing fact is that The Tribune has not been able to get
answers as to how much Holbrook or [Don] Lessem were paid by EMCID for his
EarthQuest-related efforts. A brief analysis of EMCID payments in 2008 and
2009 reveal thousands of dollars spent on airfare, hotels and meals for Holbrook
to travel to New Caney as well as for EMCID staff and board members to travel
to Nevada to see Holbrook. Notwithstanding, The Tribune has learned from
similar contracts made available by other cities in which Holbrook and/or
Contour [Entertainment] are involved, that their contracts are not simple
documents for a single stated amount. In fact, quite the opposite is true.
But Holbrook’s difficulties and inconsistencies don’t end with his work. . . .
Holbrook’s employment history over the years is also troubling. He was hired
and subsequently fired in several locations, mired in controversy. In 1996,
Holbrook [was] hired by the Port Authority in Red Wing, Minnesota, and
terminated in 1998 for questionable spending practices, falsifying his resume, etc.
In 2001, he was hired by the Lake Havasu partnership for Economic Development
but less than two years later, his employment contract [was] not renewed. In
2004, Holbrook was hired by the Richmond, Indiana Economic Development
Corporation but 16 months later, left in an acrimonious departure after excessive
spending, unauthorized expenditures and other questionable practices came to
light in the local paper. . . .”
Calvert Aff. ¶ 8 and Exhibit A attached thereto (emphasis added). Mrs. Calvert’s purported 5
factual statements are not true but are false and defamatory and impugn the professional and
ethical reputation of DAH, LLC and accuse Don Holbrook of criminal conduct and have caused
harm to DAH, LLC in the State of Ohio and elsewhere. Holbrook Aff. ¶ 11 (a) to (c). These
purportedly factual statements were published on the internet well before the March 14, 2012
meeting at which the City breached the Agreement. Holbrook Aff. ¶ 8.
In an email dated February 29, 2012 to DAH, 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
DAH, LLC, which Mr. Adams confirmed, and then Mr. Adams told DAH, LLC in an email that
it was a “strange conversation”, but that he was not concerned about it because it did not pertain
to the City. Third-Party Complaint, ¶¶ 12, 26-28; Holbrook Aff., ¶ 3.
At a meeting on March 14, 2012 between DAH, LLC and members of the City Staff,
including Mayor Ron Fisher and Mark Campbell, a member of the City Council, Mr. Campbell
said, without any warning to DAH, LLC, that the City no longer wanted a relationship with
DAH, LLC, did not believe that the City had received any value for the monies paid, and
demanded a full refund of all monies paid under the Agreement. Third-Party Complaint, ¶ 34;
Holbrook Aff., ¶ 5.
Mr. Carne attended an earlier meeting on March 14, 2012, as a member of the Executive
Board of the Montgomery County Agricultural Society and is also associated with DAH, LLC.
Carne Aff., ¶ 4; Holbrook Aff., ¶ 4. Mr. Carne spoke to Mayor Fisher on March 15, 2012, and
Mayor Fisher told Mr. Carne that Jim Borland, Acting City Manager (after Mr. Adams), gave
Mr. Campbell copies of internet research on DAH, LLC and that Mr. Campbell gave copies to
Mayor Fisher. Carne Aff., ¶ 6.
After the meeting on March 14, 2012 when Mr. Campbell demanded a full refund of all 6
monies paid to DAH, LLC, DAH, LLC learned that Heather Dobrott, aka “soapboxmom” on
www.realscam.com and Cynthia Calvert on Ourtribune.com (http://www.ourtribune.com), had been posting comments
and articles that are untrue, defamatory, and negative. Holbrook Aff., ¶ 9. Mrs. Dobrott, Mrs.
Calvert, Mr. Maurizio, and possibly others have been posting and re-posting each other’s
defamatory, untrue, derogatory, and false statements about DAH, LLC on various websites on
the internet, including but not limited to realscam.com, pvtimes.com, houstonpress.com,
ourtribune.com, to exploit search engine optimization algorithms to intentionally cause harm to
Don Allen Holbrook, LLC in Ohio and elsewhere. Holbrook Aff., ¶ 12. Mr. Holbrook has seen
on various websites that Mrs. Dobrott was repeatedly posting and linking to articles by Mrs.
Calvert and refers to Mrs. Calvert as “our Cynthia”. Holbrook Aff., ¶ 13. On April 8, 2012,
Mayor Fisher told Mr. Carne that he wanted to drop the lawsuit against DAH, LLC and walk
away. Carne Aff., ¶ 7. On April 10, 2012, Mr. Carne told Mr. Holbrook about his conversations
with Mayor Fisher, including the statements about internet research. Carne Aff., ¶ 8. Holbrook
Aff., ¶ 14.
III. UNDER OHIO LAW, OHIO COURTS ARE OPEN TO ALL PERSONS.
As a preliminary matter, this Court must reject the implicit argument running throughout
Mrs. Calvert’s and HP, LLC’s Motion to Dismiss that because DAH, LLC is not an Ohio limited
liability company, it cannot seek redress for an injury it suffered in Ohio in an Ohio court. Mrs.
Calvert’s and HP, LLC’s argument is contrary to Ohio law. The Ohio Supreme Court has
explained that the “courts of this state are, and always will be, as open to a non-resident plaintiff
as to citizens of this state, provided they meet the necessary statutory requirements imposed by
the General Assembly.” Howard v. Allen, 30 Ohio St.2d 130, 137 (1972).
Article I, Section 16 of the Ohio Constitution, the “Open Courts” amendment, is entitled 7
“Redress in courts” and states in part:
“All courts shall be open, and every person, for an injury done him in his
lands, goods, person, or reputation, shall have remedy by due course of law, and
shall have justice administered without denial or delay. . . .”
Emphasis added. Thus, under the Ohio Constitution, Ohio courts are open to “every person”, not
just residents of the state. R.C. 1.59(C) states that “‘[p]erson’ includes an individual,
corporation, business trust, estate, trust, partnership, and association.” As the Ohio Supreme
Court explained above in Howard, a non-resident plaintiff may sue in Ohio courts provided it
meets the necessary statutory requirements, which in this case is R.C. 2307.382, the Ohio longarm statute. Notably, R.C. 2307.382 does not include the word “resident” anywhere to restrict
who may bring a claim for affirmative relief against a non-resident defendant.
IV. UNDER OHIO LAW, THIS COURT HAS PERSONAL JURISDICTION OVER
MRS. CALVERT AND HP, LLC.
When a defendant asserts a lack of personal jurisdiction as a defense to a complaint, the
burden is on the plaintiff to establish that the trial court has personal jurisdiction over the
defendant. Enquip Technologies Group, Inc. v. Tycon Technoglass, S.r.l., Greene App. No.
2010-CA-23, 2010-Ohio-6100, at ¶ 10 (2
nd
Dist.), citing Jurko v. Jobs Europe Agency, 43 Ohio
App.3d 79, 85 (8
th
Dist. 1975). A plaintiff is required to make only a prima facie showing of
personal jurisdiction to withstand a motion to dismiss. Kauffman Racing Equip., LLC v.
Roberts, 126 Ohio St.3d 81, 2010-Ohio-255, at ¶ 27, citing Fallang v. Hickey, 40 Ohio St.3d
106, 107 (1988). Allegations in pleadings are accepted because under Ohio law, “an admission
in a pleading dispenses with proof and is equivalent to proof of the fact.” J. Miller Express, Inc.
v. Pentz, 107 Ohio App.3d 44, 48 (9
th
Dist. 1995), citing Rhoden v. Akron, 61 Ohio App.3d 725,
727 (9
th
Dist. 1988) (“. . . an admission made in pleadings dispenses with the need to prove the
truth of the matter admitted.”). Affidavits, depositions, interrogatories, or other oral testimony 8
may be used because matters relating to personal jurisdiction may not be apparent on the face of
the summons or complaint. Jurko at 85. In considering whether a plaintiff has made its prima
facie showing, a court must (1) view the allegations in the pleadings and any documentary
evidence in a light most favorable to the plaintiff; and (2) resolve all reasonable competing
inferences in favor of the plaintiff. Goldstein v. Christiansen, 70 Ohio St.3d 232, 236 (1994).
In order for an Ohio trial court to exercise personal jurisdiction over a non-resident
defendant, it uses a two-step analysis to determine: (1) whether R.C. 2307.382(A) and Civ.R.
4.3(A) confer personal jurisdiction; and, if so, (2) whether the exercise of personal jurisdiction
would deprive a non-resident defendant of the right to due process of law under the Fourteenth
Amendment to the United States Constitution. Enquip Technologies Group at ¶ 10, citing
Kauffman Racing Equip. at ¶ 28. Ohio courts use this analysis because R.C. 2307.382 and
Civ.R. 4.3(A) do not confer personal jurisdiction to the limits of the Due Process clause.
Goldstein at 238 n.1. This two-step analysis applies to cases involving the use of the internet and
websites. Kauffman Racing Equip. at ¶ 25. Also, this Court may take limited judicial notice of
website addresses and whether a website is interactive or for informational purposes only. See
Malone v. Berry, 174 Ohio App.3d 122, 2007-Ohio-6501, at ¶ 13 (10
th
Dist.). Thus, DAH, LLC
has the burden to make a prima facie showing to this Court that it has personal jurisdiction over
Mrs. Calvert and HP, LLC.
A. A plaintiff makes a prima facie showing of personal jurisdiction by alleging
conduct to meet the requirements under R.C. 2307.382(A).
In order for an Ohio court to exercise personal jurisdiction over an out-of-state defendant,
a plaintiff must allege that an out-of-state defendant, directly or by an agent, engaged in specific
enumerated activities identified in R.C. 2307.382(A), including the following sections relevant to
DAH, LLC’s claims for civil conspiracy, tortious interference with contract and prospective 9
business relations, and defamation against Mrs. Calvert and HP, LLC:
(A) A court may exercise personal jurisdiction over a person who acts directly or
by an agent, as to a cause of action arising from the person’s:
(3) causing tortious injury by an act or omission in this state; . . . .
(6) causing tortious injury in this state to any person by an act outside
this state committed with the purpose of injuring persons, when he
might reasonably have expected that some person would be injured
thereby in this state; . . . .
Emphasis added. To assert a tortious injury under R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3), a
plaintiff need only make a prima facie showing that it suffered a tortious injury in the state of
Ohio by an act or an omission by the defendant. In Kauffman Racing Equip., the Ohio Supreme
Court concluded that the tort of defamation had been committed in Ohio by a non-resident
defendant who posted allegedly defamatory statements on the Internet when the plaintiff showed
evidence that Ohioans had seen these statements on the Internet, thus meeting the material
element of publication of the comments in Ohio. Id. at ¶¶ 41-42, citing Keeton v. Hustler
Magazine, Inc., 465 U.S. 770, 777 (1984); Fallang v. Hickey, 40 Ohio St.3d 106, 107 (1988).
The Ohio Supreme Court in Kauffman Racing Equip. also concluded that “even if” the
defendant had not published his internet postings within the state of Ohio, the defendant was “not
shielded from the reach of Ohio’s long arm” statute. Kauffman Racing Equip. at ¶ 43. The
Court concluded that R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) allow an Ohio court to exercise
personal jurisdiction over a non-resident defendant and provide for effective service of process
“if the cause of action arises from a tortious act committed outside Ohio with the purpose of
injuring persons, when the nonresident defendant might reasonably have expected that some
person would be injured thereby in Ohio.” Kauffman Racing Equip. at ¶ 43, citing Clark v.
Connor, 82 Ohio St.3d 309, 313 (1998). 10
In Kauffman Racing Equip., the Ohio Supreme Court found that although the defendant’s
publication of his tortious comments did not emanate from Ohio, that the plaintiff made a prima
facie showing that the tortious comments were published in Ohio, meaning that the tort was
committed in Ohio. Id., citing Keeton v. Hustler Magazine, Inc., 465 U.S. 770, 777 (1984);
Fallang at 107. The Ohio Supreme Court reasoned: “Roberts posted his allegedly defamatory
statements on the Internet, ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶
42. Because the plaintiff produced evidence that Ohioans saw the defendant’s postings, the Ohio
Supreme Court found that the defendant’s statements were published in Ohio, the alleged tort
was committed in Ohio and that R.C. 2307.382(A)(3) and Civ.R. 4.3(A)(3) were applicable. Id.
Alternatively, the Ohio Supreme Court concluded in Kauffman Racing Equip. that the
requirements under R.C. 2307.382(A)(6) and Civ.R. 4.3(A)(9) were met when defamatory
statements made outside Ohio had the purpose of injuring persons in Ohio, then there is a
reasonable expectation that the purposefully inflicted injury will occur in Ohio. Id. at ¶ 44.
B. If a Court finds personal jurisdiction under R.C. 2307.382(A), it must next
determine whether its exercise of personal jurisdiction will comport with an
out-of-state defendant’s Due Process rights.
Even if this Court concludes that DAH, LLC has made a prima facie showing under R.C.
2307.382(A) and Civ.R. 4.3(A), then Ohio law requires a court to consider whether exercising
personal jurisdiction will violate an out-of-state defendant’s rights to due process of law.
Goldstein at 235. The due process clause under the Fourteenth Amendment limits the power of
state courts to enter judgments against a nonresident. Kulko v. California Superior Court, 436
U.S. 84, 91 (1978). The Due Process clause permits a court to obtain either general or specific
jurisdiction over a non-resident defendant depending on the nature of the defendant’s contacts
with the forum state. Kauffman Racing Equip. at ¶ 46. DAH, LLC has not alleged that Mrs. 11
Calvert’s and HP, LLC’s contacts with Ohio have been of a “continuous and systematic nature”
for this Court to exercise general jurisdiction. DAH, LLC has alleged that its cause of action is
related to or arises out of Mrs. Calvert’s and HP, LLC’s contacts with Ohio for this Court to
exercise specific jurisdiction. Id. at ¶ 47, citing Helicopteros Nacionales de Colombia v. Hall,
466 U.S. 408, 414 (1984).
Specific jurisdiction is permitted if the defendant’s contacts with Ohio meet the factors
identified in the three-part test established in Southern Machine Co. v. Mohasco Indus., Inc., 401
F.2d 374, 381 (6
th
Cir. 1968). First, a defendant must purposefully avail herself of the privilege
of acting in the state or causing a consequence in the state. Second, the causes of action must
arise from the defendant’s activities. Third, the defendant’s actions or the consequences of
defendant’s action must have a substantial enough connection with the state to make a court’s
exercise of jurisdiction over the defendant reasonable. Southern Machine at 381.
When the first two factors are met under the Southern Machine analysis, an inference
arises that the third “reasonableness” factor is also present. Kauffman Racing Equip. at ¶ 71.
Among the factors relevant to the reasonableness inquiry are that a state has a significant interest
in redressing injuries that actually occur within the state and “that a high degree of unfairness is
required to erect a constitutional barrier against jurisdiction.” Kauffman Racing Equip. at ¶ 72
(citations omitted).

Soapboxmom

08-20-2012, 10:39 AM

V. THIS COURT SHOULD CONCLUDE THAT DAH, LLC HAS MADE A PRIMA
FACIE SHOWING THAT THIS COURT HAS PERSONAL JURISDICTION
OVER MRS. CALVERT AND HP, LLC.
Under Ohio law, nonresident defendants cannot use the Internet as a shield to protect
them from the consequences of otherwise intentionally tortious conduct. Acting in concert with
others to tortiously interfere with another’s contracts or business relations and publishing 12
statements intended to injure another’s business reputation, exposing another to public ridicule,
shame and/or disgrace for the purpose of adversely affecting another in its trade, business, or
profession are intentional torts whether such acts are committed with older technology, such as
writing letters, or such acts are committed with new technology such as the Internet. This Court
must view all allegations in the pleadings and the documentary evidence in a light most
favorable to DAH, LLC and must resolve all competing inferences in its favor. Kauffman
Racing Equip. at ¶ 27. This Court should conclude that DAH, LLC has made a prima facie
showing in its Third-Party Complaint that this Court should exercise personal jurisdiction over
Mrs. Calvert and HP, LLC and deny their Motion to Dismiss and Motion to Quash Service.
A. DAH, LLC has met its burden to make a prima facie showing of personal
jurisdiction under R.C. 2307.382(A).
DAH, LLC has made a prima facie showing under R.C. 2307.382(A)(3) that Mrs. Calvert
and HP, LLC have caused tortious injury to DAH, LLC by an act in Ohio and/or under R.C.
2307.382(A)(6) that Mrs. Calvert and HP, LLC have caused tortious injury in Ohio to DAH,
LLC by an act outside of Ohio committed with the purpose of injuring DAH, LLC, when Mrs.
Calvert and HP, LLC might reasonably have expected that DAH, LLC would be injured thereby
in Ohio. In fact, Mrs. Calvert and HP, LLC have admitted that an article was posted on
Ourtribune.com (http://www.ourtribune.com), on February 7, 2012 making numerous unfounded factual statements
about alleged criminal activity and/or alleged unethical conduct by DAH, LLC concerning other
economic development projects in Pahrump, Nevada, Montgomery County, Texas, “and
numerous other towns across the U.S.A.” See Calvert Aff., ¶ 8, and Exhibit A attached thereto.
DAH, LLC has made a prima facie showing that Mrs. Calvert and HP, LLC have published
statements that are defamatory per se and/or per quod and have published those statements
“ostensibly for the entire world to see.” Kauffman Racing Equip. at ¶ 42. In addition to the 13
evidence in Mrs. Calvert’s own Affidavit, DAH, LLC, has presented 3 Affidavits that Ohioans
have seen and downloaded voluminous false and derogatory comments from various websites,
including HP, LLC’s website, which began well before February 28, 2012. Thus, under the
holding in Kauffman Racing Equip., Mrs. Calvert’s and HP, LLC’s comments and links posted
on the Internet were published in Ohio. Id.
Moreover, this Court should resolve any reasonable competing inferences in its favor by
concluding that it is reasonable that the “internet research” given to Mr. Campbell and to Mayor
Fisher were printed pages from Third-Party Defendants, including Mrs. Calvert’s and HP, LLC’s
defamatory and unfounded purportedly factual statements about DAH, LLC’s involvement with
development projects in Nevada, Texas, and unnamed locations elsewhere in the U.S.A.
Furthermore, DAH, LLC has alleged, and Mrs. Calvert and HP, LLC have not denied, that they
worked in concert with other Third-Party Defendants by posting links to each other’s websites
and comments, that the Third-Party Defendants were engaged in a civil conspiracy, and as a
proximate result of the civil conspiracy to defame DAH, LLC, tortiously interfered with the
Agreement by procuring its breach.
Under R.C. 2307.382(A)(3), DAH, LLC has made a prima facie showing that it was
injured in Ohio based on the statement that Mayor Fisher made to Mr. Carne on March 15, 2012,
the day after the City breached the Agreement, that “internet research” had been given to Mr.
Campbell and to him. Carne Aff., ¶ 6. Alternatively, under R.C. 2307.382(A)(6), DAH, LLC
has made a prima facie showing that it was injured by an act outside Ohio committed with the
purpose of injuring DAH, LLC, when Mrs. Calvert and HP, LLC might reasonably have
expected that DAH, LLC would be injured thereby in Ohio. This Court should conclude that
DAH, LLC has met its burden to make a prima facie showing under R.C. 2307.382(A)(3) and (6) 14
that this Court has personal jurisdiction over Mrs. Calvert and HP, LLC.
B. DAH, LLC has met its burden to make a prima facie showing that exercising
personal jurisdiction over Mrs. Calvert and HP, LLC will not violate their
due process rights.
DAH, LLC has asserted that this Court has specific jurisdiction over Mrs. Calvert and
HP, LLC by alleging that its causes of action arise out of or are related to their contacts with
Ohio. Under the three-part test from Southern Machine Co., DAH, LLC has shown first, that
Mrs. Calvert and HP, LLC purposefully availed themselves of the privilege of acting in Ohio or
causing a consequence in Ohio by regularly and frequently posting defamatory comments on her
website and posting links to others’ websites with defamatory comments about the professional
reputation and conduct of DAH, LLC. Second, DAH, LLC has shown that the causes of action
arise from Mrs. Calvert’s and HP, LLC’s activities on the Internet which have been seen in Ohio.
Third, Mrs. Calvert’s and HP, LLC’s acts or the consequences caused by their acts have a
substantial enough connection with Ohio to make the exercise of personal jurisdiction
reasonable. Southern Machine Co. v. Mohasco Industries, Inc., 401 F.2d 374, 381 (6
th
Cir.
1968). If the first two factors of this test are satisfied, then a reasonable inference arises that the
third factor is also present. Kauffman Racing Equip. at ¶ 71 (citations omitted).
DAH, LLC has met its burden to show that Mrs. Calvert and HP, LLC have purposefully
availed themselves of the privilege of acting in Ohio or causing consequences in Ohio by posting
a series of articles with purportedly factual statements impugning DAH, LLC’s professional and
ethical conduct and comments on the Internet intended to harm the business reputation of and to
adversely affect DAH, LLC in its trade, its business, or profession. Mrs. Calvert’s and HP,
LLC’s articles and others’ defamatory comments about DAH, LLC, specifically exploit search
engine optimization algorithms on search engine websites so that the negative comments appear 15
at the beginning of search results for “Don Allen Holbrook, LLC”, “Don Allen Holbrook”, “Don
Holbrook”, or “Holbrook”, constituting cyber-bullying, cyber-stalking, and cyber-harassment,
for the whole world to see on the Internet.
In Kauffman Racing Equip., the Ohio Supreme Court followed the analysis in Calder v.
Jones, 465 U.S. 783 (1984) and rejected the analysis in Reynolds v. Internatl. Amateur Athletic
Fedn., 23 F.3d 1110 (6
th
Cir. 1994), neither of which involved Internet communications of
defamatory material. Kauffman Racing Equip. at ¶ 61. Notably, the Court in Kauffman Racing
Equip. rephrased the conclusion in Calder to the following question relevant to the facts before
it: “should a company injured in Ohio need to go to Virginia to seek redress from a person who,
though remaining in Virginia, knowingly caused injury in Ohio?” Id. at ¶ 56. Then, examining
cases involving defamatory material on the Internet, the Court looked at Cadle Co. v.
Schlictmann, 123 Fed. Appx. 675 (6
th
Cir. 2005) (no personal jurisdiction because alleged
defamatory statements on defendant’s passive website were not related to plaintiff’s activities in
Ohio) and Oasis Corp. v. Judd, 132 F. Supp. 2d 612 (S.D. Ohio 2001) (no personal jurisdiction
because no evidence that defendants’ communications were received by anyone in Ohio other
than plaintiff). Id. at ¶¶ 63-63.
Given the voluminous nature of these comments in concert with others on
Ourtribune.com (http://www.ourtribune.com) and on other interactive websites which have been seen by others in Ohio,
Mrs. Calvert’s and HP, LLC’s contacts are not “random”, “fortuitous”, or “attenuated”, but
instead show that they have created a substantial connection with Ohio rising to purposeful
availment, particularly by reason of her article dated February 7, 2012, by which they should
have reasonably anticipated being haled into court in Ohio, where DAH, LLC was also acting
under an Agreement with the City of Huber Heights as an economic developer. This Court 16
should resolve competing inferences in favor of DAH, LLC and conclude that Mrs. Calvert and
HP, LLC knew about the Agreement with the City at least by February 7, 2012 based on Mrs.
Calvert’s express reference to Holbrook working in other “numerous other towns across the
U.S.A.”, or by February 29, 2012, when Mr. Adams reported receiving a telephone call from a
reporter.
The Court in Kauffman Racing Equip. concluded that the “effects analysis” in Calder
requires conduct “‘calculated to cause injury’ in a ‘focal point’ where the ‘brunt’ of the injury is
experienced.” Kauffman Racing Equip. at ¶ 66 (citation omitted). The content of Mrs. Calvert’s
and HP, LLC’s voluminous postings show that they intended to harm the professional reputation
of DAH, LLC and which proximately resulted in harm to DAH, LLC in Ohio as seen in the
statements:
“But the road that Holbrook has traveled, both to New Caney, Texas, and
numerous other towns across the U.S.A., is a long and winding journey,
littered with disappointment and controversy.
Furthermore, a diligent search by The Tribune of documents, newspaper articles,
public filings, websites, etc., paints a vastly different portrait of this supposed
‘entrepreneur extraordinaire”. And it seems that trouble follows Holbrook to
almost every town that invites him into their community, and their coffers.
For example, . . .
. . . . The Tribune has learned from similar contracts made available by
other cities in which Holbrook and/or Contour [Entertainment] are involved,
that their contracts are not simple documents for a single stated amount. In
fact, quite the opposite is true.
But Holbrook’s difficulties and inconsistencies don’t end with his work. . . .
Holbrook’s employment history over the years is also troubling. He was hired
and subsequently fired in several locations, mired in controversy. . . .”
Calvert Aff. ¶ 8 and Exhibit A attached thereto. Mrs. Calvert’s statements purport to relate facts,
not opinions, and show an intentional bias against Mr. Holbrook and DAH, LLC. Mr. Holbrook
attests that Mrs. Calvert’s purported factual statement about “numerous other towns” is not true 17
and that Mrs. Calvert fails to give any specifics. Holbrook Aff., ¶ 11a. Mrs. Calvert’s purported
factual statement that “trouble follows Holbrook to almost every town that invites him into their
community, and their coffers” is not true and that Mrs. Calvert fails to give any specifics.
Holbrook Aff., ¶ 11b. Finally, Mr. Holbrook specifically rebuts Mrs. Calvert’s purported factual
statements regarding his employment history in Red Wing, Minnesota, Lake Havasu, Nevada,
and Richmond, Indiana as untrue. Holbrook Aff., ¶ 11c. This Court should conclude that DAH,
LLC has made a prima facie showing that Mrs. Calvert and HP, LLC have purposefully availed
themselves of Ohio law.
Second, Mrs. Calvert’s and HP, LLC’s contacts with Ohio are related to the operative
facts alleged in the Third-Party Complaint so that the causes of action have a substantial
connection with Mrs. Calvert’s and HP, LLC’s activities in Ohio. Id. at ¶ 70. By maintaining a
website and not stopping others from re-posting her articles and comments, Mrs. Calvert and HP,
LLC are exploiting search engine optimization algorithms, so that any time the names “Don
Allen Holbrook, LLC”, “Don Allen Holbrook”, “Don Holbrook” or “Holbrook” are searched on
Internet search websites, negative and defamatory articles and comments are listed at the top of
any search results. Mrs. Calvert and HP, LLC have thus maintained contacts with Ohio.
Finally, this Court should infer because the first two factors are present, the third factor is
also met. Specifically, while there are a number of factors to consider under the reasonable
inquiry centering on a plaintiff’s residency in the forum, they are not the only factors to consider.
Id. at ¶ 72. Singular among the reasons that the claims against Mrs. Calvert and HP, LLC should
be tried in Ohio is the fact that the City has sued DAH, LLC here. Notably, a state has a
significant interest in redressing injuries that occur within the state. Id. Moreover, the Court in
Kauffman Racing Equip. noted that a high degree of unfairness is required to erect a 18
constitutional barrier against jurisdiction. For these reasons, this Court should conclude that
DAH, LLC has met the three factors under the Southern Machine analysis and that the exercise
of personal jurisdiction over Mrs. Calvert and HP, LLC will not deprive them of their due
process rights.
VI. CONCLUSION
In sum, this Court should view the evidence in a light most favorable to DAH, LLC,
should conclude that DAH, LLC has made a prima facie showing of personal jurisdiction over
Mrs. Calvert and HP, LLC under the long-arm statute, that the exercise of personal jurisdiction
will not deprive them of their rights of due process, and deny their Motion to Dismiss and to
quash service of process.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant/Third-Party Plaintiff
Don Allen Holbrook, LLC19
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served by the Court’s e-filing system or by ordinary
mail on this 17
th
day of August, 2012, upon the following:
L. Michael Bly (mbly@pselaw.com)
Joshua M. Kin (jkin@pselaw.com)
Pickerel, Schaeffer & Ebeling Co.
2700 Kettering Tower
Dayton, Ohio 45423
Attorneys for Plaintiff
Robert P. Bartlett, Jr. (rbartlett@ficlaw.com)
Andrew J. Reitz (areitz@ficlaw.com)
Faruki Ireland & Cox PLL
500 Courthouse Plaza, SW
10 North Ludlow Street
Dayton, Ohio 45402
Attorneys for Third-Party Defendants Stephens
Media, LLC dba Pahrump Valley Times; and The
Houston Press, The Houston Press dba Village
Voice Media Holdings, LLC dba Houston Press,
LP dba Backpage.com, LLC and Craig Malisow
Adam R. Webber
Falke & Dunphy, LLC
30 Wyoming Street
Dayton, Ohio 45409
Attorney for Heather Dobrott and Cynthia Calvert,
The Tribune, aka, Ourtribune.com
Frank Maurizio
581 China Street
Pahrump, Nevada 89048-0782
s/Sue Seeberger

Soapboxmom

08-20-2012, 02:41 PM

Holbrook's attorney is doing a briliant job of arguing in favor of Cynthia Calvert, Frank Maurizio and I getting our Motions to Dismiss granted.

Mrs. Calvert’s and HP,
LLC’s articles and others’ defamatory comments about DAH, LLC, specifically exploit search
engine optimization algorithms on search engine websites so that the negative comments appear 15
at the beginning of search results for “Don Allen Holbrook, LLC”, “Don Allen Holbrook”, “Don
Holbrook”, or “Holbrook”, constituting cyber-bullying, cyber-stalking, and cyber-harassment,
for the whole world to see on the Internet.
http://ssl.csg.org/dockets/2012cycle/32B/32Bdocmins/Cyberstalking,%20Cyberharassment%20and%20Cyberbull ying%20Laws.pdf
Holbrook's nut of an attorney is accusing the defendants of criminal activity. I will be raising absolute hell over these ridiculous and very damaging accusations! It will be viral!!!

Notably, the Court in Kauffman Racing
Equip. rephrased the conclusion in Calder to the following question relevant to the facts before
it: “should a company injured in Ohio need to go to Virginia to seek redress from a person who,
though remaining in Virginia, knowingly caused injury in Ohio?”
The defendants could not possibly have knowingly caused injury in Ohio. We were blogging about Pahrump and Texas and issues related to those matters of public concern. Nobody said a word about Ohio until that lunkhead Holbrook got his rear sued there. Nothing was directed to or concerning Ohio until April 29th after the suit against him was already filed by Huber Heights. Can't Holbrook and this lady read??? Thanks, for arguing in favor of our dismissal motions, Seeberger!

Mrs. Calvert’s and HP, LLC’s contacts are not “random”, “fortuitous”, or “attenuated”, but
instead show that they have created a substantial connection with Ohio rising to purposeful
availment, particularly by reason of her article dated February 7, 2012, by which they should
have reasonably anticipated being haled into court in Ohio, where DAH, LLC was also acting
under an Agreement with the City of Huber Heights as an economic developer. This Court 16
should resolve competing inferences in favor of DAH, LLC

We could not possibly have conceived of being hauled into Ohio court for posting truthfully about other matters of public concern. Ditto my previous answer!

Mr. Holbrook specifically rebuts Mrs. Calvert’s purported factual
statements regarding his employment history in Red Wing, Minnesota, Lake Havasu, Nevada,
and Richmond, Indiana as untrue.

Boy, why not draw lots more attention to your previous little debacles!!! Does Donny want to argue with the official Red Wing Board minutes?

Red Wing:
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index10.html#post20999
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index10.html#post21000
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/#post19576
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index10.html#post21016
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index17.html#post23267

Richmond, Indiana:
Talk of the Town: EDC SAYS GOODBYE TO HOLBROOK (http://www.waynet.org/talk/talk/messages/15/700.html?1280018130) (using the false Phd. designation as the liar has done for years)
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index10.html#post20906
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index9.html#post20684
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index12.html#post21602

Lake Havasu:
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index17.html#post23261 (Holbrook doesn't even have his dates of employment there correct)
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index10.html#post21014
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index11.html#post21108
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index9.html#post20745
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index2.html#post19612
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index12.html#post21317
http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index17.html#post23257

By maintaining a
website and not stopping others from re-posting her articles and comments, Mrs. Calvert and HP,
LLC are exploiting search engine optimization algorithms, so that any time the names “Don
Allen Holbrook, LLC”, “Don Allen Holbrook”, “Don Holbrook” or “Holbrook” are searched on
Internet search websites, negative and defamatory articles and comments are listed at the top of
any search results.
That is one of the most ignorant and lame-brained postulations ever made. Stop people from re-posting and commenting on things that are public on the internet??? If anyone copies me rest assured I will hunt you down and give you 50 lashes with a wet noodle after I thank you for sharing the truth and helping to warn and inform the public of course!

Soapboxmom

Soapboxmom

08-20-2012, 05:53 PM

Ohio civil conspiracy law is quite fascinating:

https://docs.google.com/viewer?a=v&q=cache:QV2NC4H2ruYJ:www.sconet.state.oh.us/rod/newpdf/8/2005/2005-ohio-515.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESjEULGsEJj7ETnkaymJgBl9SLLvJOZeiN5f3k0O 4Ep9gGL988m4BMv4PD3EloiultWuRlWm0mpRDw2gx6GS8QDNvV dD3ERM3Mn1yx0DwRkUN2grM7MdqfFcfhXuqCMENszb7JMS&sig=AHIEtbRQ3lDbXa9yP2Ysz-sW78nEe-m3-Q

the elements of civil conspiracy

in Ohio are: (1) a malicious combination, (2) two or more persons,

(3) injury to person or property, and (4) existence of an unlawful

act independent from the actual conspiracy. Conspiracy cannot be

made the subject of a civil action unless something is done which,

in the absence of the conspiracy allegation, would give rise to a cause of action.

The unlawful act itself must be accomplished or

completed before an action in civil conspiracy will lie. [Internal

citations omitted.] Seminatore v. Dukes, Cuyahoga App. No. 84032,

http://www.weldinginfonetwork.com/litigation/BoydCounts1and2MSJGranted.pdf

In Ohio, civil conspiracy requires plaintiffs to show the existence of “a malicious
combination of two or more persons to injure another in person or property in a way not
competent for one alone, resulting in actual damages.” Williams v. Aetna Fin. Co.
(1998), 83 Ohio St.3d 464, 475. Because conspiracy is not a free-standing tort, plaintiffs
must also establish the existence of a separate, independent wrong. Wilson v. Harvey
(Ohio App. 8 Dist), 2005-Ohio-5722, at 41. And that independent wrong must have been
not a negligent act, but an intentional one. Hicks v. Bryan Med. Grp., Inc. (N.D. Ohio
2003), 287 F. Supp.2d 795, 813.

Civil Liability for Conspiracy - Conspiracy (http://conspiracy.uslegal.com/civil-liability-for-conspiracy/)

In order to amount to a civil conspiracy, the parties to the conspiracy have to be aware of the wrongful nature of the act and the harm it may cause at the time of agreement to commit an act[iv]. The intention to achieve an unlawful object is an element in civil conspiracy.

If no direct act is done in furtherance of the conspiracy, there is no civil liability[v]. A person can bring an action only if some damage have been caused to him/her due to the overt acts of the conspirators[vi].
A person who was present at the time of commission of an offense need not be liable for the harm caused if it can be proved that there was no agreement from his/her part[vii].

http://www.niu.edu/law/organizations/law_review/pdfs/full_issues/31_1/Behrens%2037-68.pdf

The court explained, “By its nature, tort liability arising from conspiracy
presupposes that the coconspirator is legally capable of committing the tort,
i.e., that he or she owes a duty to plaintiff recognized by law and is potentially
subject to liability for breach of that duty.”29 The court added, “Conspiracy
is not an independent tort; it cannot create a duty or abrogate an
immunity. It allows tort recovery only against a party who already owes
the duty and is not immune from liability based on applicable substantive
tort law principles.”.....

Permitting
a plaintiff to maintain a conspiracy claim against a defendant that does
not owe him or her a duty magnifies the potential for abuse.....

Specifically, the court rejected plaintiffs’ “guilt by
association” theory as exceeding the boundaries of a duty of care.177 The
court also identified the “burdening of fundamental rights of [free] speech
and association,” and the punitive and chilling affect allowing liability
would have

The civil conspiracy allegation will be blowing up in Holbrook's face. Frank Maurizio and I only became acquainted because of Don Allen Holbrook threatening to sue us both. That happened long after Huber Heights had sent the buffoon packing and demanded a refund. I suppose Sue Seeberger is going to insist we conspired via the use of my time travel broomstick.

Then there is that conspiracy to write totally factual, well researched articles and posts that we all engaged in. I asked for advice on how to get the Earthquest Institute records that according to the IRS and Texas Non-profit corporation act must be available. Don A. Holbrook is the president and CEO and the one hiding those records. Why don't we discuss the conspiracy between all those involved including Frank McCrady who are concealing said records against the letter of the law. Dr. Matthew Gardner did send those to the EMCID office, so we all know exactly where those documents are housed. No doubt the Ohio judge will open that Pandora's box.

A conspiracy to perpetuate the truth by all the journalists and bloggers. Diabolical!!!!

Soapboxmom

Soapboxmom

08-20-2012, 07:00 PM

For those in need of some comic relief, please scroll to the end of the filing made by Holbrook's attorney that is linked below. Holbrook's Affidavit is quite something. I linked many of the posts about his departures from various jobs in a post above. Check out those meeting minutes and juxtapose them with the under oath testimony of Holbrook in his Affidavit.

1535

fjjm303

08-20-2012, 11:57 PM

New Caney ISD approves $3.5M sports complex land deal. What a surprise. Holbrook is not mentioned anywhere in the article from our tribune.

pantherdadX2

08-21-2012, 12:30 AM

littleroundman, could you possibly be insinuating the IQ's of them thar termites might be a few points higher than anyone that still believes the bloated pile of excrement flushed their way by Sir Gasbag and Frank "the BANK" McCrady? :onloo:

littleroundman

08-21-2012, 12:57 AM

perZACKLY right

Soapboxmom

08-22-2012, 06:24 AM

Let's take a look at what Don Holbrook said:

Reality Based Optimist
says:
May 15, 2012 at 11:24 am (http://pvtimes.com/opinion/background-on-mr-holbrook-the-music-man-part-2/comment-page-1/#comment-30021)
Again, all of your statements are factually incorrect. I agree completely with Dr. Waters. Your assessment that EarthQuest is dead is incorrect. In fact, Earthquest has a new developer with a new and better development agreement that is when the funding is finalized going to make the tax payers of EMCID 100% whole.
The land had to be purchased from the bankruptcy court in order to allow the new developer the right to secure a purchase agreement for the land that he needs for the EarthQuest project.
In addition, if it had not been for the visionary actions of EMCID to intercede with the BK process and secure these rights for the land purchase and secure a new developer the project would have died with the failed original developer.
When we see the financing secured and dirt is moving we will believe Earthquest is really coming. Numerous groundbreaking dates have come and gone. Holbrook has been one of the ones proclaiming these fictitious dates. He told Pahrump the new developer, Contour, is buying (present progressive tense) the property in the summer of 2011. He then boldly proclaimed ground would break in Decemebr 2011 or the first quarter of 2012. All fiction and likely a ruse to get in the door there.

EMCID's Frank McCrady did nothing visionary. At this point the shyster failed developers, who didn't pay what they promised, are the only ones who can repurchase the Earthquest property. How stupid is that? Of course, Friendswood is laughing. They already announced their intention to build homes on the property when the option to purchase it isn't exercised in the next 18 months.

All of this was factually explained to the town board prior to any vote on their own desire to consider the development of a major destination attraction for Pahrump. We have never proposed a theme park. In addition, my role in all of these projects is to give advice on what incentives can or should be considered to attract the private sector investment necessary to fund the construction of such projects. I do not do my opinions based on the success of projects getting funded or upon the success of the developer hired by the public sector. My job is to create a recommendation for how to best engage the public-private partnership. That does not mean that all my clients adhere to my advice. EarthQuest is going through a transition from the failed developer to a new developer… many projects during the greatest financial crisis of my lifetime have had to do the same types of mitigation. That does not mean the project has failed.
Holbrook has claimed he advised EMCID against using the failed developers Marlin Atlantis, but interestingly, he had no problem working for them and accepting hundreds of thousands in payments from them while simultaneously working for EMCID, the charity and bringing in armies of his fundraising and other professional services buddies. Holbrook had his hands in numerous pies.

In addition, the statements and libelous comments made by Heather Dobrott and Mr. Frank Maurizio were not constructive and were not valid… they were misrepresentations on purpose in order to harm my professional reputation and thus illegal. Those types of comments are not protected by the first amendment.
Truth, facts and opinion are not actionable. Holbrook's frivolous suit is drowning him in negative publicity and exposing lots of information he would much rahter had not been dug up and splashed everywhere on the internet. My postings routinely go viral and top the search results!

With regard to Huber Heights I am counter suing them for breach of contract as they have no basis for their claims and they are using these tactics to avoid paying their legitimately owed bill for our final product and have taken our intellectual property without paying for it. Therefore we are going to deny any validity to all their claims and sue them for damages. I know why they made such an unprofessional breach of their contract and it will come out in court just what was actually behind this very poor business decision on the City of Huber Heights part, and it had nothing to do with my professional work product and nothing to do with any of their allegations.Holbrook is clearly delusional and having conspiracy theory fantasies filling his pitiful little mind. There was a ton of information on the internet in 2011 before Huber Heights signed the contract. Holbrook was fired by Red Wing and Wayne County. His reputation couldn't have been made worse than it already was. Holbrook really started getting skewered after he started threatening everyone on the planet that dared discuss Earthquest and Pahrump (matters of public concern / where tax dollars are being spent) which happened after Huber Heights had shown him the door.

The people of Pahrump are in need of more jobs and building additional tourism is a very successful method to achieve those goals that the town board has for their constituents. But in the end, I am not the developer and I am not the financier. I am a public-policy specialist that has given them my opinion on the economic development issues that need to be addressed if they choose to move forward and create jobs and build additional economic benefits for their residents.Earthquest created no jobs except for Holbrook getting his 1.2 million + and his buddies getting hired for various a sundry things. The people of Texas have nothing to show for it but 21 million in bond money that must be satisfied. Certainly, with this apparent failure there is reason for Pahrump to appraoch Holbrook cooked up plans with extreme caution.

In addition, Mr. Maurizio has stated falsely that our report to the Town of Pahrump was lifted from the EarthQuest project and that is a complete false statement and a accusation of dishonesty. Perhaps he should have taken my letter of warning I sent him more seriously. He should have been legally counseled on the damages of calling someone a liar and dishonest business person are when you do so intentionally and with the intent to harm someone’s reputation and economic livelihood with malice and specific purpose. I took the high road and sent both of these libelous bloggers warnings, both of which ignored them and choose to purposefully continue to spew misinformation, resorted to name calling, creating a negative image of my persona and professional work product and even attacked my reputation with my industry association colleagues and my social affiliations with allegations. That does not sound like the methodology or decision making process of what most of us would consider appropriate actions. If other people had experienced this type of hatred online that has been directed at me and my family and now my clients, they would more than likely have taken the same appropriate actions as I have done.
Holbrook is a self-created monster. His hideous attacks on taxpayers on the Pahrump Valley Times, Houston Press, Kingwood Underground and more tell the story. He viciously went after taxpayers in pahrump who were not supporting his destination theme park crap. He then attacked everyone who dared to speak out and threatened to sue all those who commented. He has since filed said frivolous harassment suit. I intend to see the whole world is well aware of Holbrook's lies and treachery. I will fight to the death to preserve the right to free speech!

Your portrayal of my reorganization bankruptcy was completely not factual as well. You obviously have no idea how such business matters work. My BK was a reorganization because I got stiffed for my final payment by Earthquest, which I was told was forthcoming by the developer. I made the decision to pay my IRS tax bill with that payment and when it did not come I could not mitigate the tax ramifications and workout a payment with the IRS unless I was under this Chapter 11 reorganization plan. There is nothing deceitful about creating a repayment plan that I could adhere to with my income that was available to me and predictable. My speaking, books and consulting projects are not predictable. Therefore the only longterm retainer for work I was able to use was the work I was contracted to do for EMCID. That does not mean that I did not disclose all of my income appropriately as you have stated. You again are factually wrong. Please leave me, my family and my clients alone. People who get online and spew such hatred are in my opinion mentally off and socially unbalanced. In my opinion Heather Dobrott and Frank Maurizio have some type of anger issues that they themselves need to deal with and quit blaming your hatred for your own lives on others. I am sure you have enough problems of your own or shortly will have in my opinion.

From Holbrook's bankruptcy:

1
INTERNAL REVENUE SERVICE
110 CITY PARKWAY
LAS VEGAS NEVADA 89101
INTERNAL REVENUE SERVICE
P.O. BOX 21126
PHILADELPHIA PA 19114-0326
Phone: INCOME TAX $ 113,500.00
2
INTERNAL REVENUE SERVICE
OGDEN UTAH 84201-0030
INTERNAL REVENUE SERVICE
OGDEN UTAH 84201-0030
Phone: INCOME TAX $ 28,400.00
5
INTERNAL REVENUE SERVICE
P.O. BOX 7346
PHILADELPHIA PA 19101-7346
INTERNAL REVENUE SERVICE
P.O. BOX 7346
PHILADELPHIA PA 19101-7346
Phone: INCOME TAX $ 6,300.00

1. Income from employment or operation of business
State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including
part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was
commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has
maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of
the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must
state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
None
AMOUNT SOURCE
Year to date: $74,997.00 East Montgomery County Improvement Distric
Last Year: $99,996.00 EMCID
Year before: $90,000.00

So that equates to:
$90,000.00 for 2009
$99,996.00 for 2010
$74,997.00 for 2011 up to the filing date????
__________________________________________

EarthQuest 2009 bond sale: where did tax dollars go - Monday, April 30, 2012 - Copyright 2007 Ourtribune.com (http://www.ourtribune.com/article.php?id=13545)

EarthQuest 2009 bond sale: where did tax dollars go……
Third, Don Holbrook, consultant, was paid an eye-popping $773,963.43 out of the bond proceeds. Holbrook is truly a consultant extraordinaire, capable of walking on both sides of one street at the same time. That is, despite the obvious conflict of interests, he represented both EMCID and the Developer Group as their respective consultants on EarthQuest.
In an email dated April 18, 2012, McCrady acknowledged to The Tribune that EMCID had retained, and paid Holbrook, as its consultant, the sums of $27,000 and $277,000. Out of the 2009 bond proceeds, Holbrook was paid $273,963.43 by EMCID for work on tax incentive and legislative matters. EMCID subsequently paid him an additional $500,000 (as the Developer’s consultant) as a finder’s fee for the EarthQuest site.
Consequently, Holbrook has been paid more than $800,000 by EMCID, presuming the $277,000 and the $273,963.43 mentioned above refer to the same fee. Furthermore, while Holbrook was carting off EMCID’s bank vault, he and his merry band of minions were also plundering the EarthQuest Institute for every dime it had received. Under the auspices of EMCID, Holbrook alone stripped out at least $328,255.00 from the Institute. (For details, see The Tribune article dated April 4, 2012). Altogether, it appears that Holbrook received, from EMCID and the Institute, upwards o $1,200,000 for his various, if not nefarious, EarthQuest activities.
The level of compensation paid to Holbrook is beyond any rational explanation, let alone comprehension. What possible justification can the EMCID leadership and board make to its constituents that Holbrook was deserving of these unwarranted, outrageous, indeed, unbelievable sums of money?
Holbrook's taxes are a whopping $148,200. So, he was expecting some hefty payments from the Earthquest project to completely satisfy those. Think about the hundreds of thousands he was raking in from the tax dollars of everyday families struggling to make ends meet. Sickening! And, think about what that buffoon has admitted in his angry rant and bankruptcy filings. Holbrook admitted his books, speaking engagements and consulting projects make him little and were unpredictable. He was making his living off of Earthquest since 2007. Even though he made over 1.2 million from Earthquest, he claimed incomes of less than $100,000 per year to the IRS. I still want to know how a guy could be claiming $90,000 in income in 2009 when the hundreds of thousands in bond money landed in his lap. How does a guy making $90,000.00 afford a private school that is $20,000.00 a year for his high school aged son and tour Europe that summer? Holbrook has sure lived the life of a king on the taxpayers dime!!!

Soapboxmom

pantherdadX2

08-22-2012, 08:11 AM

Sickening.....Could any one word describe this whole scenario better? .....I don't think so. That one word has hit the nail on the head., SBM,....repeatedly. Makest Jesus vomit.....MEthinks so. Leave me and my family alone?. Holbrook?....MEthinks not! Unfortunately for your family, Mr. Holbrook, your actions as head of your household have consequences on them, my friend. Your actions in trying to silence anyone's opinions on how taxpayer's money is spent, in my opinion. was a very ignorant move on your part. My advice to you, Mr. Holbrook, if you feel so strongly about silencing people's opinions on public matters, is to pack you and your family's bags, get out of the United States of America and move to China, Noth Korea, Cuba, or Iran and work on projects there that use public money without citizens input, GOD BLESS THE USA!!!!!.....and TEXAS!!!!!

littleroundman

08-22-2012, 09:35 AM

they were misrepresentations on purpose in order to harm my professional reputation and thus illegal.

WHAT ??

Is Mr Holbrook psychic now ??

How THE H**L does he know the motives of his critics ??

With serial behaviour such as his, there's a myriad of possible reasons people should choose to not simply lay down and take being done over.

As for "harming his reputation" perhaps a mirror would be a better place to start looking before pointing the finger at others.

Soapboxmom

08-22-2012, 03:11 PM

Don Holbrook's son is again attending the exclusive prep school, The Meadows. How does he afford that when he is in bankruptcy again and cannot pay his taxes or creditors???

Soapboxmom

08-23-2012, 11:42 AM

Breaking News!!!!

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
NOTICE OF DISMISSAL WITHOUT
PREJUDICE OF THIRD-PARTY
DEFENDANTS THE HOUSTON
PRESS, THE HOUSTON PRESS D/B/A
VILLAGE VOICE MEDIA HOLDINGS,
LLC D/B/A HOUSTON PRESS, LP
D/B/A BACKPAGE.COM, LLC, AND
CRAIG MALISOW
Pursuant to Ohio R. Civ. P. 41(A)(1)(a), and Mont. Co. C. P. R. 2.15(I)(A), Defendant
and Third-Party Plaintiff Don Allen Holbrook, LLC gives notice that it dismisses, without
prejudice, its claims against Third-Party Defendants The Houston Press, The Houston Press d/b/a
Village Voice Media Holdings, LLC d/b/a Houston Press, LP d/b/a Backpage.com, LLC, and
Craig Malisow in the above-referenced matter.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant Don Allen
Holbrook, LLC
Don Allen Holbrook's frivolous harassment case is imploding. My delightful co-defendant's, The Houston Press and Craig Malisow, hadn't even responded to the lawsuit yet and they have been dismissed!!! Holbrook's attorney, Sue Seeberger, had agreed with the Houston Press and Craig Malisow's attorney to extend the time for their responses to August 30, 2012. So, the paper and its finest reporter had not even answered yet and they are out. In fact, Seeberger just two days ago was still chasing my good man Craig around trying to serve him. Don Holbrook now looks like a total fool. Hilarious!!!!

laidback

08-23-2012, 11:56 AM

Breaking News!!!!

Don Allen Holbrook's frivolous harassment case is imploding. My delightful co-defendant's, The Houston Press and Craig Malisow, hadn't even responded to the lawsuit yet and they have been dismissed!!! Holbrook's attorney, Sue Seeberger, had agreed with the Houston Press and Craig Malisow's attorney to extend the time for their responses to August 30, 2012. So, the paper and its finest reporter had not even answered yet and they are out. In fact, Seeberger just two days ago was still chasing my good man Craig around trying to serve him. Don Holbrook now looks like a total fool. Hilarious!!!!
So SeeSuberger asked for the dismissal? The "without prejudice" could mean she'll try another tack.

Soapboxmom

08-24-2012, 01:40 PM

ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, August 23, 2012 4:30:35 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17461522
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO2

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
GENERAL DIVSION
CITY OF HUBER HEIGHTS, OHIO.
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant /
Third-Party Plaintiff,
v.
HEATHER DOBROTT, et al.
Third-Party Defendants
)
)
CASE NO: 2012-CV-02947
JUDGE MICHAEL TUCKER
Third-Party Defendants
Heather Dobrott, Cynthia Calvert,
and Hartburg Publications, LLC’s
Joint Reply Brief in Support of Their
Motions To Dismiss for
Lack of Personal Jurisdiction and
Motions to Quash Service of Process
Third-Party Defendants Heather Dobrott, Cynthia Calvert, and Hartburg Publications, LLC’s respectfully renew their request that this matter be dismissed for lack of personal jurisdiction.

Defendant / Third-Party Plaintiff Don Allen Holbrook, LLC’s Responses in
Opposition to have no merit for two reasons:
 Holbrook fails to make a prima facie evidentiary showing that Dobrott, Calvert, or Hartburg’s publications “caus[ed] tortious injury…in this state,” which is a necessary requirement to confer personal jurisdiction under Ohio’s long-arm statute; and  Holbrook fails to make a prima facie showing that Dobrott, Calvert, or Hartburg purposefully availed themselves of Ohio’s laws, which is a necessary requirement under the Due Process Clause of the United States Constitution.

For these reasons, Dobrott, Calvert, and Hartburg respectfully request this Court to dismiss Holbrook’s claims against them for lack of personal jurisdiction and improper service of process.

A. THERE IS NO JURISDICTION UNDER OHIO’S LONG-ARM STATUTE—THERE IS NO EVIDENCE THAT DOBROTT, CALVERT, AND HARTBURG CAUSED A TORTIOUS INJURY IN OHIO.

i. Holbrook has not presented any evidence or made a prima facie case supporting its claim for jurisdiction.
It is undisputed that Ohio’s long-arm statute requires Holbrook to show that Dobrott, Calvert, and Hartburg “caused] tortious injury…in this state” in order to prove personal jurisdiction over these out-of-state defendants. R.C. 2307.382(A). Holbrook has the burden of establishing the Court's jurisdiction. Kerger v. Dentsply Int'l, Inc., 8th Dist. No. 94430, 2011-
Ohio-84, ¶11. Holbrook must make a prima facie evidentiary showing of jurisdiction to withstand the motion to dismiss—an evidentiary showing sufficient to convince reasonable minds that this Court has jurisdiction. Id. (citing Giachetti v. Holmes, 14 Ohio App.3d 306, 471
N.E.2d 165 (1984) and Klug v. Trivison, 137 Ohio App.3d 838, 739 N.E.2d 1243 (2000)).

It is Holbrook’s burden, therefore, to come forward with sufficient evidence to make a prima facie showing of causation. He has not done so. Instead, he has provided this Court with abject speculation built upon hearsay. Holbrook has only provided inadmissible hearsay statements that Huber Heights representatives received a “strange” telephone call and had
researched information on the internet about him. He hopes that this Court will speculate, as he has, that the telephone call and the articles came from Dobrott, Calvert, or Hartburg and further speculate, as he has, that these statements caused Huber Heights to end its business
relationship with him. This Court cannot and should not hale three Texas residents to Ohio to participate in litigation built upon speculations based solely on hearsay.3

ii. There is no evidence that anyone in Ohio read anything published by Dobrott, Calvert, and Hartburg before Huber Heights ended its business relationship with Holbrook. Holbrook contends that its alleged injuries occurred on February 29, 2012. Def’s 2d Am. Third-Party Complaint, June 22, 2012, ¶12. Yet, there is no evidence or even an allegation
that anyone in Ohio had ever read the articles by Dobrott, Calvert, and Hartburg before February 29, 2012. Even Holbrook himself admits he was ignorant of these publications until after March 14, 2012. See Holbrook Aff. ¶6-9.

Holbrook’s responses to Dobrott’s and Calvert’s motions include affidavits from three individuals: Shelli Nestle, Roger Reynolds, and Steven Carne. All three affiants claimed that they accessed Dobrott’s publications on the internet. Conspicuously absent, however, is any testimony suggesting that the affiants—or anyone else in the State of Ohio—viewed Dobrott’s
publications before February 29, 2012. The closest Holbrook comes to establishing this essential part of its prima facie case is the following statement in Carne’s affidavit: I spoke to Mayor Fisher on March 15, 2012 and Mayor Fisher told me that Jim Borland, Acting City Manager…gave [Council Member Mark] Campbell copies of internet research on Don Allen Holbrook and that Mr. Campbell gave copies to Mr. Fisher.

Carne Aff., ¶6. Of course, Carne’s statement about what Mayor Fisher told him is pure hearsay and is not admissible evidence. But even if this Court were willing to consider the statement, there is no evidence that this alleged “internet research” included any publication by Calvert,
Dobrott, or Hartburg. Moreover, it fails to identify (among other things): the date on which the “internet research” was performed; the date on which the documents were provided to Council Member Campbell; a description of the documents that were included in the “copies” that were
provided to Council Member Campbell; or any description of any action taken by anyone in response to this “internet research.”4
Holbrook’s response to Calvert and Hartburg’s motion to dismiss was also supported by an affidavit of Don Allen Holbrook.
1
Therein, he claims:
On February 29, 2012, I received an e-mail from Gary Adams, City Manager at
the time, in which Mr. Adams told me that he had been contacted by a reporter in a city near Houston, Texas asking if the city had a contract with [Holbrook],
which Mr. Adams said he confirmed, and then Mr. Adams told me in the e-mail
that it was a “strange conversation”, but that he was not concerned about it
because it did not pertain to the City.

Holbrook Aff. ¶3. Holbrook’s statement about what Gary Adams said is also inadmissible hearsay, and Holbrook’s statement about what Adams said that an unidentified reporter said is inadmissible double hearsay. Once again, however, even if this Court were willing to consider this testimony, it does not identify the name of the reporter or the substance of the conversation.
If anything, this statement exonerates Dobrott, Calvert, and Hartburg because, by Holbrook’s own admission, the “strange conversation . . . did not pertain to the City.” Finally, Holbrook offers no support for its suggestion that this Court must accept the conclusory allegations in its pleadings as true. Holbrook alleges that Huber Heights ended its business relationship with him as a result of publications by Dobrott, Calvert, and/or Hartburg.

But he has provided not a scintilla of actual evidence that anyone in Ohio read any publications before February 29, 2012. Because Holbrook has no evidence to support its allegations that Dobrott, Calvert, or Hartburg “caus[ed] tortious injury…in this state,” on or before that date, he has not made a prima facie showing that the Ohio long-arm statute can establish personal
jurisdiction over them. Accordingly, this Court should grant the motion to dismiss.

1
Nestle, Reynolds, and Crain’s affidavits were also attached to Holbrook’s response to Calvert and Hartburg’s motion. None of these affidavits make any direct reference to publications by Calvert or Hartburg. To the extent
they can be read to do so indirectly, Calvert and Hartburg incorporate the same arguments and objections raised in
the preceding paragraph.5
B. AN EXERCISE OF JURISDICTION WOULD OFFEND DUE PROCESS; HOLBROOK HAS FAILED TO OFFER ANY EVIDENCE TO SHOW THAT DOBROTT, CALVERT, OR HARTBURG PURPOSEFULLY AVAILED THEMSELVES OF OHIO LAW.

Even if this Court were to conclude that Holbrook has come forward with sufficient evidence to invoke the Ohio long-arm statute—which he plainly has not—Holbrook has no evidence or legal authority to support its claim that Dobrott, Calvert, and Hartburg’s due process rights would not be violated if this Court were to assert personal jurisdiction over them.

Holbrook’s entire argument on this issue is based on selective quotations from the Ohio Supreme Court’s opinion in Kauffman Racing Equip., L.L.C. v. Roberts, 126 Ohio St. 3d 81, 2010-Ohio-2551, 930 N.E.2d 784. The Kauffman Court held that an out-of-state defendant could be subject
to the jurisdiction of Ohio’s courts for defamatory statements posted on the internet about an Ohio corporation. This holding, however, turned on the fact that the plaintiff came forward with evidence of the following to make a prima facie showing that the defendant’s had purposefully
availed himself of Ohio’s laws:

[The defendant] knew that [the plaintiff] was an Ohio company. [The defendant] impugned the activities that [the defendant] undertakes in Ohio. [The defendant] hoped that his commentary would have a devastating effect on [the plaintiff] and that if there were fallout from his comments, the brunt of the harm would be felt in Ohio.

Id. at ¶56. The Kauffman Court held that, to find jurisdiction in Ohio, the tortious activity must have been “calculated to cause injury in a focal point where the brunt of the injury would occur.” Id. at ¶66 (internal quotations omitted). As discussed at length in Dobrott, Calvert, and Hartburg’s motions to dismiss, the facts of this case are clearly distinguishable: (1) Holbrook is not an Ohio-based entity—it’s an Arizonaregistered entity, and Holbrook, the individual, is a Nevada resident; (2) none of Dobrott,
Calvert, and Hartburg’s publications about Holbrook before February 29, 2012 involved its activities in Ohio—they were all about projects in Nevada and Texas; and (3) neither Dobrott,6 Calvert, nor Hartburg had reason to believe that “the brunt” of any alleged harm from their
publications would be felt in Ohio—none of them had any reason to suspect that he was operating in Ohio until February 29, 2012. Accordingly, Holbrook has not made a prima facie showing of purposeful availment, a required element of this Court’s due-process analysis.

As discussed in their motions to dismiss, the facts of this case are properly analogized to Reynolds v. International Amateur Ath. Fedn., 23 F.3d 1110 (6th Cir. 1994), 2 Cadle Co. v. Schlichtmann, 6th Cir. No. 04-3145, 123 Fed. Appx. 675 (Feb. 8, 2005), and Oasis Corp. v. Judd, 132 F.Supp.2d 612, 614 (S.D. Ohio 2001). In all three cases, the courts concluded that Ohio courts did not have personal jurisdiction over non-resident defendants for defamation
claims that arose from out-of-state publications that were not targeted at an Ohio audience or an Ohio entity. The same result should follow here.

CONCLUSION
Holbrook has not made a prima facie showing that either the Ohio long-arm statute or the due process clause of the United States Constitution would permit this Court to exercise personal jurisdiction over Dobrott, Calvert, or Hartburg. Accordingly, Dobrott, Calvert, or Hartburg
respectfully request that all of Holbrook’s claims against them be dismissed pursuant to Civ.R.
12(b)(2).
2

Contrary to Holbrook’s assertion, the Ohio Supreme Court’s opinion in Kauffman did not “reject” the Sixth Circuit’s analysis in Reynolds. Instead, it concluded that “the distinguishing aspects in Reynolds are not in play
here.” Kauffman, at ¶ 60. As discussed in detail in the motions to dismiss, the distinguishing aspects in Reynolds are analogous to the present case.7

Respectfully Submitted,
/s/ Adam R. Webber_________
ADAM R. WEBBER, Esq.
Bar No. 0080900
FALKE & DUNPHY, LLC
30 Wyoming Street
Dayton, Ohio 45409
Phone: 937.222.3000
Fax: 937.222.1414
Email: webber@ohiolawyers.cc

KEVIN W. KITA, Esq.
Bar No. 0088029
SUTTER O’CONNELL
3600 Erieview Tower
1301 East Ninth Street
Cleveland, Ohio 44114
Phone: (216) 928-2200
Fax: (216) 928-4400
Email: kkita@sutter-law.com

MATTHEW J. KITA, Esq.
Admitted Pro Hac Vice
Ohio Bar No. PHV – 2978-2012
Texas Bar No. 24050883
P.O. Box 5119
Dallas, Texas 75208
Phone: (214) 699-1863
Fax: (214) 347-7221
Email: matt@mattkita.com
Attorneys for Third-Party Defendants
Heather Dobrott, Cynthia Calvert, and
Hartburg Publications, LLC8

laidback

08-24-2012, 04:10 PM

LOL, it looks like your attorney has a much better grasp of the law than Suburger.

Soapboxmom

08-24-2012, 05:22 PM

LOL, it looks like your attorney has a much better grasp of the law than Suburger.
HAHAHAHAHA!!!!! Doesn't everyone!!!

laidback

08-24-2012, 08:38 PM

HAHAHAHAHA!!!!! Doesn't everyone!!!
Almost all of us do, but ya don't want to give the poor girl a complex, do you?(That's rhetorical, BTW!) LOL, maybe she's part of that crack(pot) student legal team that was trying to help out Boggy...!

pantherdadX2

08-25-2012, 08:32 AM

Soapboxmom

08-26-2012, 03:40 PM

Hats off to your lawyers, Soapboxmom. Straight and to the point, and also, I might add, written so that a jury of REASONABLE minds would understand what was written, unlike the truckLOAD of blah, blah, blah that was dumped on the Honorable Judge Michael Tucker's doorstep by Sueburger. It makes me wonder if the Supreme Lord and Master of the Internet didn't have a big hand in writing what was dumped there. "Abject speculation built upon heresay" -EPIC!!! Your lawyers just described Holbrook's bloated EarthQuest project also!!! Too bad it couldn't be built on Holbrooks boatload of abject speculations and heresay dumped on the doorsteps of the EMCID, because I'd be typing this right now while waiting to pay my parking fee to the taxpayer's of EMC for the privilege to enjoy EarthQuest.:judge:
And of course what could be more amusing than "double hearsay?" The city of Huber Heights already opined that the case had nothing to do with any of the third-party defendants. The case settled around the city's displeasure with Holbrook's work product, plain and simple. I expect that the third-party defendants will find their Motions to Dismiss granted and Holbrook will be standing there fighting the city alone as he should be very soon.

1541

pantherdadX2

08-26-2012, 11:44 PM

Oh, come on now, Soapboxmom, out with the truth. We ALL know you hopped on your time-travel broomstick and helped Mr. Gasbag with his work product. LOL:RpS_wink:

Soapboxmom

08-30-2012, 06:03 PM

ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Thursday, August 30, 2012 3:37:36 PM
CASE NUMBER: 2012 CV 02947 Docket ID: 17481745
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO2
1
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
6131 Taylorsville Road
Huber Heights, Ohio 45424
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
9200 Dalmahoy Place
Las Vegas, NV 89145
Defendant.
*

CASE NO. 12 CV 2947
JUDGE MICHAEL TUCKER
CITY OF HUBER HEIGHTS’ ANSWER
TO DEFENDANT’S COUNTERCLAIM
With Jury Demand Endorsed Hereon
____________________________________
Now comes Plaintiff, by and through counsel, and, for its Answer against Defendant’s
Counterclaim, and hereby admits, denies, and avers as follows:
FIRST DEFENSE
1. Plaintiff denies the allegations contained in Paragraphs 43, 50, 52, 54, 55, 56, 58, 60,
62, 65, and 66 of the Counterclaim.
2. With respect to Paragraphs 37, 38, 39, 40, 41, 42, and 63, Plaintiff avers that the
document speaks for itself.
3. Plaintiff admits the allegations contained in Paragraphs 35, 36, 44, 45, 46, 47, 48, 49,
51, and 53 of the Counterclaim.
4. With respect to Paragraph 57, Plaintiff denies for want of knowledge Defendant’s
motivation for sending a litigation hold letter and public records request or if
Defendant had notice of defamatory and derogatory internet postings, but admits the
remaining allegations.
5. Plaintiff denies the allegations contained in Paragraph 59 to the extent a response is
necessary.
6. With respect to Paragraph 61, Plaintiff incorporates completely herein each of the
admissions and denials as set forth above.
7. With respect to Paragraph 64, Plaintiff admits that an actual and justiciable controversy
has arisen, but denies all remaining allegations.
8. Plaintiff denies generally, specially, or for want of knowledge each allegation not
specifically admitted to be true.
SECOND DEFENSE
9. Defendant’s Counterclaim fails to state a claim against Plaintiff upon which relief can
be granted.
THIRD DEFENSE
10. Defendant has failed to join persons and/or claims as required by Civil Rules 19 and/or
19.1.
FOURTH DEFENSE
11. Defendant’s claims against Plaintiff are barred by the doctrines of waiver, estoppel,
and/or laches.
FIFTH DEFENSE
12. Defendant has failed to mitigate its damages, if any.
SIXTH DEFENSE
13. Avers the absence and/or failure of consideration.
SEVENTH DEFENSE
14. Avers there was no meeting of the minds.
EIGHTH DEFENSE
15. Avers that Defendant failed to fulfill its implied contractual duty of good faith and fair
dealing with Plaintiff.
NINTH DEFENSE
16. Defendant’s Counterclaim is barred and/or proportionately reduced as a result of its
acts or omissions.3
TENTH DEFENSE
17. Defendant’s claims are barred by the doctrines of parol evidence and/or merger.
ELEVENTH DEFENSE
18. Defendant’s injuries and damages, if any, are the result of acts and/or omissions of
others over whom this answering Plaintiff had no right or opportunity of control.
TWELFTH DEFENSE
19. Defendant’s claims are barred by the equitable doctrine of payment.
THIRTEENTH DEFENSE
20. Plaintiff avers there was a mutual or unilateral mistake.
FOURTEENTH DEFENSE
21. Plaintiff avers there was a failure of performance on the part of Defendant.
FIFTEENTH DEFENSE
22. Defendant’s claims are barred because Defendant failed to satisfy a condition
precedent.
SIXTEENTH DEFENSE
23. Defendant’s claims are barred by the doctrine of unclean hands.
SEVENTEENTH DEFENSE
24. Defendant anticipatorily breached the contract.
EIGHTEENTH DEFENSE
25. Defendant’s claims are barred by the doctrine of fraudulent inducement.
NINETEENTH DEFENSE
26. Defendant’s claims are barred by the doctrine of misrepresentation.
TWENTIETH DEFENSE
27. Defendant’s Counterclaim fails to comply with the requirements of Ohio Civ. Rule 57
and O.R.C. §§2721.01 to 2721.15. 4
TWENTY-FIRST DEFENSE
28. Because Defendant’s Counterclaim states damages, injunctive relief is inappropriate.
TWENTY-SECOND DEFENSE
29. Defendant has failed to take appropriate action to create, maintain or enjoy any
proprietary interest in alleged trade secrets or to take efforts to keep such materials
confidential.
TWENTY-THIRD DEFENSE
30. Plaintiff reserves the right to further plead additional affirmative defenses as same
become known during the course of this litigation.
WHEREFORE having fully answered the allegations contained in Defendant’s
Counterclaim Plaintiff prays the same be dismissed at Defendant’s cost.
Respectfully submitted,
/s/ L. Michael Bly
L. Michael Bly (0042074)
Joshua M. Kin (0086965)
PICKREL, SCHAEFFER & EBELING CO.
2700 Kettering Tower
Dayton, Ohio 45423
Telephone: (937) 223-1130
Facsimile: (937) 223-0339
mbly@pselaw.com
jkin@pselaw.com
Attorneys for Plaintiff
JURY DEMAND
Plaintiff demands a trial by a jury on all issues of the within cause.
/s/ L. Michael Bly
L. Michael Bly (0042074)
PICKREL, SCHAEFFER & EBELING CO.5
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was served by the Court’s e-filing system on this
30
th
day of August 2012, upon the following:
Sue Seeberger
Attorney for Defendant/Third-Party Plaintiff Don Allen Holbrook LLC

Robert P. Bartlett
Andrew J. Reitz
Attorneys for Third-Party Defendants Stephens Media LLC d/b/a Pahrump Valley Times; and
The Houston Press, The Houston Press d/b/a Village Voice Media Holdings LLC d/b/a
Houston Press LP d/b/a Backpage.com LLC; and Craig Malisow

Adam R. Webber
Kevin W. Kita
Attorneys for Third-Party Defendants Heather Dobrott, Cynthia Calvert, and Hartburg
Publications LLC

Frank Maurizio
Attorney for Third-Party Defendant Frank Maurizio
/s/ L. Michael Bly
L. Michael Bly (0042074)

1550

That was the city's answer to Holbrook's ridiculous counterclaim. Notice the city denies among many other things:

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.

Soapboxmom

08-30-2012, 06:45 PM

City of Huber Heights says:

SIXTEENTH DEFENSE
23. Defendant’s claims are barred by the doctrine of unclean hands.

One of the maxims of equity (http://www.answers.com/topic/equity) embodying the principle that a party seeking redress in a court of equity (http://www.answers.com/topic/unclean-hands#) (equitable relief) must not have done any dishonest or unethical act in the transaction upon which he or she maintains the action in equity, since a court of conscience will not grant relief to one guilty of unconscionable conduct, i.e., to one with “unclean hands.”

Read more: Unclean hands: Definition from Answers.com (http://www.answers.com/topic/unclean-hands#ixzz254fMlOVf)

EIGHTEENTH DEFENSE
25. Defendant’s claims are barred by the doctrine of fraudulent inducement.

fraud in the inducement n. the use of deceit or trick to cause someone to act to his/her disadvantage, such as signing an agreement or deeding away real property. The heart of this type of fraud is misleading the other party as to the facts upon which he/she will base his/her decision to act. Example: "there will be tax advantages to you if you let me take title to your property," or "you don't have to read the rest of the contract--it is just routine legal language" but actually includes a balloon payment. (See: fraud (http://legal-dictionary.thefreedictionary.com/fraud), extrinsic fraud (http://legal-dictionary.thefreedictionary.com/extrinsic%20fraud))

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill (http://www.farlex.com/hills.htm). All Right reserved.

NINETEENTH DEFENSE
26. Defendant’s claims are barred by the doctrine of misrepresentation.

fraudulent misrepresentation

Definition

Instance of false (http://www.businessdictionary.com/definition/false.html) statement (http://www.businessdictionary.com/definition/statement.html) where (1) the party (http://www.businessdictionary.com/definition/party.html) making (http://www.businessdictionary.com/definition/maker.html) the statement is aware that it is false or disregards the possibility of it being false, (2) the party making the statement does so to induce another party to enter into a contract (http://www.businessdictionary.com/definition/contract.html), and (3) the other party enters the contract as a result (http://www.businessdictionary.com/definition/result.html) of the statement and consequently (http://www.businessdictionary.com/definition/consequently.html) suffers a loss (http://www.businessdictionary.com/definition/capital-gain-loss-holding-period.html).

Read more: What is fraudulent misrepresentation? definition and meaning (http://www.businessdictionary.com/definition/fraudulent-misrepresentation.html#ixzz254jV7BFs)

No doubt Don Allen Holbrook handed them the bull he has published in writing all over the internet and had in this video he has since been forced to remove:

http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/#post19582

He claims that he has put together 100s of economic development deals worth over billions of dollars that have created over 50,000 jobs in this country??? I wonder what else the city will complain of related to all this???

Soapboxmom

pantherdadX2

08-31-2012, 08:24 AM

Memo to Sir Holbrook (PigPen) concerning the City of Huber Heights SIXTEENTH DEFENSE ; Buzz and Woody have generously decided to donate a 55 gallon drum of industrial strength Mr. Clean to wash thy filthy hands!

Soapboxmom

08-31-2012, 11:02 PM

Reposted from houstondinopark.com
Very interesting comments by Don Holbrook - Economic Development Representative of EarthQuest

Comment by: Don Holbrook on Mar. 9th, 2012
With regard to all the rumors and unjust comments about EMCID and Frank McCrady, I can truly say this about the entire situation:

Just because John Marlin as the original developer failed to perform does not mean he did so with malicious intent. I believe we experienced and most Americans still are experiencing one of the worst global financial crisis in most of our lifetimes. He simply was trying to do this and did not know the economy would tank and thus his investors ran for cover as did thousands of other projects across the globe... Almost every city, town and region has faced this same scenario. Many with no hope of turning their plight around.

But not EMCID, led by Mr. McCrady. EMCID looked at it strategically and said if we are to improve our local economy we have to focus on being a destination in our region. They diversified and began working on more than just EarthQuest to build visitor draw and ancillary and complimentary tourism projects that employ people, fill hotel rooms, buy gas, food and other things. These efforts diversified their risk and made them not so dependent on just the success of EarthQuest. Those actions are now bearing fruit... Wake Boarding is hugely popular and will attract residents from all over Houston to EMCID territory to spend money and guess what employ people. Then they attract the worlds #1 Firearms Training Institute to build their new $25M plus state of the art world headquarters to EMCID besting out San Antonio for the project, which attracts over 25,000 trainees from around the world on NV and they expect to do over 60,000 in Texas. Those create nearly 300,000 room nights, consume food & beverages and buy gas and other retail items while in EMCID territory.

Not a bad outcome considering the great economic transition we are in. But I'm not skipping EarthQuest. EMCID once Marlin made them award he couldn't perform began making plans for how to mitigate Marlins lack of performance. They did not sulk or stick their head in the sand. They asked Chris Brown, one of the worlds foremost theme park designers to consider becoming the developer. He accepted the challenge and began planning the mitigation. He began by updating the business model so it would be valid in the post 2008 economic meltdown. Then he started building an astute board of advisors from the theme park industry and raising capital so that he could do the most important first step, regain site control once the Bankruptcy Court and the Bank were willing to allow such actions. This was controlled not by EMCID or Chris Brown but our judicial system.

Meanwhile EMCID strategically made all the right moves to protect the project so it could move forward. They positioned their interest in the land at no additional cost so they could provide Brown the new developer with an option to purchase the land from the BK proceedings. They clawed back all intellectual rights to the project and wrote a new and much stronger new development agreement requiring the new developer to license the Intellectual Property for a fee that would be enough to pay off the public investment in the project.

Most important they remembered that Marlins failure did not mean the project was not viable. Three different world renowned theme park experts all agreed Houston is the best market in the central time zone for a major Theme Park. So EMCID made sure the project would continue to move towards successful opening even if the developer failed. In my opinion EMCID and McCrady did their job excellent and because of their actions, someday soon Greater Houston will have one of the greatest theme park attractions in America. EMCID's strategic vision and perseverance will prove to have been strategically well executed and produce exceptional economic outcomes for their constituents. I feel so sad that these good people have endure such horrible abuse from some in the general public while doing their peers such a great outcome. Now that the Marlin scenario is beginning to settle out EMCID is moving forward just as it appears the economy is beginning to invest again. I know they will do excellent. I also believe Chris Brown deserves our full support as he works hard to get a great project back on track.

Comment by: Don Holbrook on Mar. 9th, 2012
Slander and defammation are easy to do and show the lack of intelligence of those that smear others with no regard for facts. Factual analysis that is not jaded requires intellect. I have found these comments to be wildly unfactual.

Here are some facts. Since you all enjoy googling so much. Find one failed project, one customer complaint, or any factual misconduct that is not just bloggers or hyperbole. You can't. They don't exist because I have done excellent projects, well over 100 and those projects have employed over 50,000 hard working Americans. These outcomes led my International Association of peers the international economic development council, made up of over 5,000 professionals to award me their highest honor of Fellow Member in 2008, for excellence in the profession and lifetime achievement. Less than 1% of my peers will ever win this award. Furthermore, projects of great magnitude take time to unfold and often face set backs, but they work through them and eventually succeed. Then everyone cheers how wonderful, and they claim they always supported it. Truth is great projects take vision, perseverance and thick skin to tolerate all those that lack such qualities. Almost forgot most people also overlook that I am the #1 author in my industry worldwide, #1 keynote public speaker world wide in economic development and one of the most sought out public policy consultants on economic development in the world. Communities seek me out I don't sell myself through marketing and advertisements but through word of mouth testimonials and references from satisfied clients... That is how I make a living, advising my clients on the best course of action to achieve the problem or opportunity they have asked me for advice on.
These posts have long since disappeared from the dino park forum, but are archived elsewhere. Perhaps, Holbrook would like to tell us again about the updated business model, names of the theme park industry experts on this board of advisers (which I am positive is a figment of his imagination,) and the amount of capital raised to fund this clunker. Who are the investors that are stupid enough to "pay off the public investment in the project" i.e. his wild spending sprees? Is Holbrook prepared to substantiate all this in discovery?

EMCID clawed back the intellectual property rights from whom? We have been told it was Don Lessem's baby and he wanted the rights back by 2014. We have been told EMCID has the rights and then we have also been told Contour had the rights and wouldn't cooperate with Don Lessem's demands. Who really does have them? Where is the documentation on this? More fodder for discovery no doubt!

If Holbrook is one of the most sought after public policy consultants on economic development in the world, then why does his bankruptcy show EMCID as his only source of income? And, why is his income always below $100,000.00 a year if he is beating off the clients and has had so many successful projects? There is some really funny math going on here!

Holbrook certainly knows how to best advise his "clients on the best course of action to achieve the problem." We certainly do have a problem and Holbrook is making quite a handsome living off of the taxpayers of Texas! Holbrook / his LLCs were paid at least 1.2 million dollars from 2007-2010. 2.5 million was blown by EMCID from the regular budget and the taxpayers are on the hook for 21 million in bonds that must be satisfied. This is a disaster of Jurassic proportion. It is time for some serious digging!

Soapboxmom

pantherdadX2

09-01-2012, 12:17 AM

Well, I don't know about Gasbag beating off his clients, Soapboxmom, but he sure stroked the crap out of EMCID's checkbook! That was a Texas size wad (of cash) Frank (the Bank) shot into Gasbag's bank account. I'm wondering what the Texas Attorney Generals Office has dug up so far. Hmmmmmm........

Soapboxmom

09-02-2012, 02:45 PM

Holbrook has been paying around $35,000.00 a year to have his two sons in a very exclusive private school. Online posts show definitely that his oldest son was at this school where only 18% are given financial aid. He was wallowing in chapter 7 bankruptcy from 2007-2010. He filed for chapter 11 bankruptcy in the fall of 2011 and is still tangled up in that mess. How is he funding this? He wrote off 1.89 million in 2010 including 1.29 in attorney fees alone. Now, he is trying to weasel out of mountains of debt and restructure loans, yet he can afford this pricey prep school???

Ian Holbrook's Meadows High School 09-10 Baseball Profile (http://www.maxpreps.com/athletes/RdP3WF-5RkKu9fgJsH1vNw/baseball-spring-10/profile-ian-holbrook.htm)

Ian Holbrook

Jersey:9Pos:INF, PClass: Fresh
School: Meadows Mustangs Season: Varsity 09-10 Sport: Baseball Overall: 15-12-0 League: 10-4-0 National Rank:11695NV State Rank:5

Ian Holbrook's Meadows High School 10-11 Baseball Profile (http://www.maxpreps.com/athletes/8aqGfrFFW06aIEdXdKaydQ/baseball-spring-11/profile-ian-holbrook.htm)

Ian Holbrook

Jersey:9Pos:INF, PClass: Soph. School: Meadows Mustangs Season: Varsity 10-11 Sport: Baseball Overall: 22-7-0 League: 12-2-0 National Rank:8538NV State Rank:47

Ian Holbrook's Meadows High School 11-12 Basketball Profile (http://www.maxpreps.com/athletes/wiNT-rI9W0ydlxU6zrVTuQ/basketball-winter-11-12/profile-ian--holbrook.htm)

Ian Holbrook

Jersey:21Pos:PFHt/Wt:6'1"/185Class: Jr. School: Meadows Mustangs Season: Varsity 11-12 Sport: Basketball Overall: 22-7-0 League: 12-2-0 National Rank:7111NV State Rank:40

Ian Holbrook's Meadows High School 2011 Football Profile - MaxPreps.com (http://www.maxpreps.com/athletes/lps3X94lWEuu1d9_UBcTXQ/football-fall-11/profile-ian-holbrook.htm)

Ian Holbrook

Jersey:66Pos:OL, DLClass: Jr. School: Meadows Mustangs Season: Varsity 11-12 Sport: Football Overall: 8-3-0 League: 6-1-0 National Rank:9503NV State Rank:48

Baseball Recruiting (http://www.ncsasports.org/recruiting-tools/College-Baseball-Recruiting) / Nevada (http://www.ncsasports.org/baseball-recruiting/nevada) / Las Vegas, NV (http://www.ncsasports.org/baseball-recruiting/nv/las-vegas) / The Meadows School (http://www.ncsasports.org/baseball-recruiting/nv/las-vegas/the-meadows-school) / Ian Holbrook Ian Holbrook ‘13 Recruiting Profile

The Meadows School
Las Vegas, NV
Baseball

http://www.ncsasports.org/seoj/system/client_photos/athlete_108181_profile.jpg
Club:VenomHeight:6'2"Weight:190Dominant Hand:RightAge:17Prim. Position:RHPSec. Position:3B Bench Press180Squat350Top Fastball82FB76Change Up67Breaking Ball68Top Infield Velocity82Infield Velocity78Top Outfield Velocity82Outfield Velocity78

Ian Holbrook's Meadows High School 2009 Football Profile - MaxPreps.com (http://www.maxpreps.com/athletes/0sOWM3jyJEepYtfkEZRD9w/football-fall-09/profile-ian-holbrook.htm)

Ian Holbrook

Jersey:76Pos:N/AClass: Fresh
School: Meadows Mustangs Season: Varsity 09-10 Sport: Football Overall: 11-1-0 League: 7-0-0 National Rank:5273NV State Rank:25

http://media.nevadapreps.com/images/title_hs_themeadows.gif http://media.nevadapreps.com/designimages/title_hs_colon.gif http://media.nevadapreps.com/designimages/title_basketball_boys.gif

NEWS (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=news&teamID=132897503) | SCHEDULE/SCORES (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=schedule&teamID=132897503) | ROSTER (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=roster&teamID=132897503) | LEADERS (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=leaders&teamID=132897503) | HISTORY (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=history&teamID=132897503) |

HOME (http://www.nevadapreps.com/) > BASKETBALL (http://www.nevadapreps.com/boys/basketball) > TEAMS (http://www.nevadapreps.com/boys/basketball/teams) > THE MEADOWS BOYS BASKETBALL 2011-2012 (http://www.nevadapreps.com/boys/basketball/teams/132897503.html) > ROSTER

http://media.nevadapreps.com/designimages/title_roster.gif

No.
Name (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=roster&teamID=132897503&sortField=name)
Pos. (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=roster&teamID=132897503&sortField=position)
Ht. (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=roster&teamID=132897503&sortField=height)
Wt. (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=roster&teamID=132897503&sortField=weight)
Cl. (http://www.nevadapreps.com/boys/basketball/teams/132897503.html?c=y&page=roster&teamID=132897503&sortField=class)

4
Matt Biafore
G
5-9
115
So.

5
Max Newman
G
5-10
155
Sr.

12
Richard Lee
G
5-10
155
Sr.

21
Ian Holbrook
F
6-1
185
Jr.

22
Garrett Gosse
F
6-3
170
Sr.

23
Brian Fridman
G
5-10
115
So.

32
Michael Gleason
C
6-1
190
Jr.

34
Torrey Mayes
F
5-10
170
Sr.

42
Brandon Rufty
F
6-2
155
So.

44
Eric Hirsberg
G
5-11
155
So.

50
Adam Aziz
C
6-4
170
Jr.

Again, how is a guy claiming $90,000.00 in income in 2009 paying for this school and touring Europe while wallowing in chapter 7 bankruptcy. The IRS and DOJ need to be looking at this carefully.

Soapboxmom

09-03-2012, 01:06 PM

http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index12.html#post21317

He is regarded by many as one of the leading subject matter experts in the field on technology based site selection and creative financing for public investments in catalyst private sector projects. He is the developer of the patent pending dynamic site location database model now currently licensed to the industry with the IEDC.
This bragging has gone on since 2006. There is no patent in the name of Don Holbrook or Don Allen Holbrook. Where is this patent years later??? I searched patents for the International Economic Development Council and subject areas as well.

The only thing close I could find was this and Holbrook had nothing to do with it:

United States Patent: 7266566 (http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=1&f=G&l=50&co1=AND&d=PTXT&s1=%22international+economic+development+council%2 2&OS=)

Holbrook's penchant for fictionalizing was well documented by our good man Craig Malisow. Of course, Holbrook dismissed the frivolous, harassment suit against him and his fine paper for obvious reasons. Malisow was right on the money about everything and Holbrook must realize he can't touch him.

EarthQuest's Don Holbrook Threatens to Sue Critics into Submission - Houston - News - Hair Balls (http://blogs.houstonpress.com/hairballs/2012/05/holbrook_threatens_critics_earthquest.php)

Holbrook's self-composed blurb on Wikipedia takes the cake:

User:9thTemplar

From Wikipedia, the free encyclopedia

Jump to: navigation (http://en.wikipedia.org/wiki/User:9thTemplar#mw-head), search (http://en.wikipedia.org/wiki/User:9thTemplar#p-search)
Don Holbrook, Certified Economic Developer
Don Holbrook has been engaged in economic development since 1991. His passion is to create an environment in local communities that fosters sustainable economic growth and access to economic opportunities for citizens. His primary focus has been to create catlyst models to engage local strengths and eliminate and/or diminish local problems or barriers to such growth. Holbrook has been a maverick and over the horizon public policy thinker. His reality based reviews of communities can sometimes draw criticism from locals because they do not understand that change and progress are not always comfortable. Holbrook has been called by his peers a change agent. He is progressive and not afraid to identify the root issues that inhibit communities from reaching their potential. Holbrook feels that if our world, our nation and communities are going to reach their true potential we have to embrace new ideas and concepts that are constantly evolving. This constant inertia creates rapid changes in the fortunes of communities. His over the horizon ability to see changes in the economics of communities has been keen. What Holbrook has found however is that many communities profess they desire progress and change but unequivocably fight the transition when confronted with decisions to meet those challenges. His style has been controversial to some and coveted by his peers and others for his effectiveness at hitting the mark. Holbrook created a process he calls the Seven Step Process for Community Economic Don Holbrook (http://en.wikipedia.org/wiki/User:Donholbrook007) 00:41, 23 October 2006 (UTC)Development. This takes a community from start to finish in designing a reality based blueprint to increase their local economic growth and create a sustainable economy. His approach identifies areas that need change and focuses on how to pay for and implement those changes within the resources available to communities. Holbrook says communities must take calculated risks to create new economic horizons, but they must really calculate the risk and then measure that against the possibility of return of investment. His pioneering methods have created new incentive models, community profiling resources and internet enabled strategies as contributions to the economic development industry.

Holbrook has a patent pending Dynamic Distributed Internet enabled database model for site location and community profile ranking at the U.S. Patent office and has licensed this model for use by the International Economic Development Council, IEDC. His hopes are that economic developers learn how to embrace technology as a cutting edge tool to add to their capabilities. He has been instrumentally involved in the establishment of the IEDC site location data standards. Holbrook launched the first economic development web site in the world in 1991 and has been an economic development pioneer and social scientist ever since then. He loves to work with communities to find their best qualities and build upon their strengths to compete for new business and economic growth. While he has been chastized by some community leaders for his change oriented methods, he has remained a positive force in this drive to better community economic development. His positive attitude allows for the public frenzy as what he called "Justifiable fear of change." People fear change because they do not feel comfortable with the unknown. What I fear is outside forces changing their lives in a very negative manner because they did not seek to answer "What If?" and "How could we improve our local economies?"

Holbrook has lectured to thousands of economic developers. He has written numerous articles in trade journals and the economic development journals. He has been interviewed on Fox Television, by the Wall Street Journal, Washington Post, New York Times, USA Today and other local newspapers. He has written regular articles for Business Facilities and Expansion Management magazines. He currently is working on two books related to economic development and is seeking his doctorate in community economic development.

So fabulous to have all this in black and white viral all over the internet! His talk of his peers coveting his style is certainly not what I am getting from the people I am talking to. Since all his work from 2006 on seems to be promoting the failed Earthquest project, the controversial Pahrump proposal from which he was unceremoniously booted and his latest debacle in Ohio, where are these successful projects showcasing the talents he brags of???

Soapboxmom

Soapboxmom

09-03-2012, 05:24 PM

Don Allen Holbrook and his wife Laurie did not seem to list the private school tuition for their sons as an expense on their latest bankruptcy. How does on avoid listing a $35,000.00 a year expense on a chapter 11 bankruptcy? If they can afford the tuition for The Meadows, why are they not paying the $148,200.00 in taxes they owe plus the thousands more owed to creditors? Holbrook's bankruptcy seems to be one that is abusing that protection that can be vital for families that are truly in crisis. How is this clown getting away with this??? Where is the money for the exclusive prep school coming from?

1553

pantherdadX2

09-03-2012, 05:57 PM

Where are these sucessful projects showcasing the talents he brags of ??? Why, that's an easy one, they're located in the blob of flesh supported by his neck, right in between his ears :duh:

Soapboxmom

09-03-2012, 05:59 PM

http://www.bap1.uscourts.gov/bap.pdf.opinions/03-078P.pdf

Shouldn't Holbrook's many creditors that are just getting screwed know what he is spending on private school in lieu of paying them? He is asking to restructure loans and planning on paying the unsecured creditors (credit cards and more) only 21% of what he owes. This is totally dishonest when he apparently has $35,000.00 to pay for private school for his kids! An outrage!

1554

Soapboxmom

09-04-2012, 06:00 PM

pantherdadx2 (http://kingwoodunderground.com/account.jsp?id=3884386) --- 23 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3884386&otype=ACCOUNT&btype=HIDE&dest=topic11722526) BREAKING NEWS STORY!!! Dirt FINALLY being moved on EarthQuest project...will post after final confirmation from very reliable source.

u uic (http://kingwoodunderground.com/account.jsp?id=3856359) --- 23 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3856359&otype=ACCOUNT&btype=HIDE&dest=topic11722526) I don't see how they can find confident investors after a bankruptcy.

SueHeatherPaulDobrott (http://kingwoodunderground.com/account.jsp?id=3889223) --- 1 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3889223&otype=ACCOUNT&btype=HIDE&dest=topic11722526) BREAKING NEWS STORY!!! Dirt Heather Dobrott FINALLY being moved on project...will post after final confirmation from very reliable source.

Yes the news is in and Heather can pretend its going her way but we were informed she will be hit with large damages and set up the criminal case which is to follow.

Some people just don't know when one is pulling their leg!

pantherdadX2

09-04-2012, 06:26 PM

:fishing_can: Didn't catch a big fish yesterday, :chickendance: but I caught one today! lol....PS: this one stinks though, I think I'll ......................................THROW IT BACK

littleroundman

09-04-2012, 06:32 PM

Yes the news is in and Heather can pretend its going her way but we were informed she will be hit with large damages and set up the criminal case which is to follow.

Gee,

someone has a great understanding of the law.........NOT !!

Criminal case on a civil matter ????

I don't think so, somehow.

Soapboxmom

09-04-2012, 11:33 PM

SueHeatherPaulDobrott (http://kingwoodunderground.com/account.jsp?id=3889223) --- 7 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3889223&otype=ACCOUNT&btype=HIDE&dest=topic11722526) BREAKING NEWS STORY!!! Dirt Heather Dobrott FINALLY being moved on project...will post after final confirmation from very reliable source.

Yes the news is in and Heather can pretend its going her way but we were informed she will be hit with large damages and set up the criminal case which is to follow.

pantherdadx2 (http://kingwoodunderground.com/account.jsp?id=3884386) --- 27 min ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3884386&otype=ACCOUNT&btype=HIDE&dest=topic11722526) SECOND CONFIRMATION NOW IN!!! Dirt IS being moved on EartQuest project.....After recording unusually high seismic activity centered around the proposed EarthQuest project property, a U.S. Geological Survey team was sent to investigate. After conducting a thorough investigation, it was determined a MASSIVE colony of termites have finished devouring the stumps and root systems of the trees that were cut down to make room for the now illegible EarthQuest sign, and are now furiously tunneling their way to the poles holding it up!!!....many thanks to Buzz Lightyear's pardner Woody for confirming this story. Sorry, SueHeatherPaulDobrott, just meant to tug on your leg a little, not pull it out of it's socket. Soapboxmom and pantherdadx2 2 - SueHeatherPaulDobrott 0
That poor SueHeatherPaulDobrott is dumb as a rock. Holbrook sure is getting plenty of great publicity from his lawsuit stunt!!!

pantherdadX2

09-05-2012, 07:48 AM

Sir Gasbag and SueHeather......birds of a feather:RpS_smile:

littleroundman

09-05-2012, 09:25 AM

Sorry, SueHeatherPaulDobrott, just meant to tug on your leg a little, not pull it out of it's socket.

Do trolls even have legs ??

pantherdadX2

09-05-2012, 10:07 PM

I don't know, littleroundman, but I'm starting to think whoever stole Spock's brain stole this little troll's brain also!

Soapboxmom

09-06-2012, 03:24 PM

EarthQuest land in bankruptcy - Tuesday, January 10, 2012 - Copyright 2007 Ourtribune.com (http://ourtribune.com/article.php?id=13146)

In fact, McCrady said,”Without a doubt, this will happen. If Contour fails, others are willing to step up. We are not putting all our faith in one developer. That is not the way we do business. We have backup plans A, B, C and D.”
The intellectual property rights are still in question. Don Lessem wants them back and Contour and EMCID both seem to be claiming they own them. Not to mention the chances of getting hundreds of millions in funding are very slim.

Did Don Holbrook tell McCrady he could easily get another developer to step into this dino disaster? Was Holbrook assuring McCrady that this project was actually viable? Why has McCrady insisted for years that Earthquest going to happen and it was only a question of when even though it was becoming glaring obvious this project was not going to go forward?

When are the taxpayers of Texas going to get some straight answers? How long is this game playing and subterfuge going to go on. I believe Frank McCrady should have been fired ages ago and all the consultants and contractors involved in this fiasco that wasted millions of tax dollars thoroughly investigated. Holbrook pushing this nonsense and then suing the taxpayers discussing this dino disaster is an outrage!

Soapboxmom

pantherdadX2

09-06-2012, 08:57 PM

I'm with you about getting straight answers Soapboxmom, unfortunately we're dealing with East Mont. Co., where there ARE no straight answers. This neck of the woods has been run by the same 4 or 5 families (so I'm told) for the last 150 yrs. You either play by their rules or you don't play at all. Perhaps this can explain why EMC hasn't prospered as it should have.The biggest questions are whose pockets have been greased and how much and how far up the political ladder this has gone. As far as McCrady being fired, either the majority of landowners of EMC will have to do that by petition or the taxpayers will have to suffer for another 1 1/2 yrs. with inept leadership at the helm of the EMCID unless the supposed investigation by the state of Texas bears fruit. In my opinion, the EMCID has been the biggest waste of taxpayers money in EMC since it's inception. But I will give McCrady credit for keeping his mouth shut when he needed to, unlike that fat, pompous, piece of crap who wants to rule the internet. :mooning: Kiss my ass, Holbrook. McCrady will have to blow twice as much smoke up peoples asses than Holbrook to serve another term when the smoke from this mess (EarthQuest) clears! As far as consultants and contractors go, SBM, WHAT CONTRACTORS!!! all we've seen here are consultants (smoke-blowing windbags) with bloated CONTRACTS, with the biggest smoke-blower of them all, Sir Gas-Bag, leading the charge. The only contractor seen on this project was the poor schmuck who put up the EarthQuest sign. Gee, Wally, wonder whose brother-in-law THAT was? Oh, I'm not done with you GasBag. There's a big shale play up near where your from and plenty of taxpayer money flowing from it. Seems to me that's the thing your best at, sitting on your lard- ass, blowing smoke, and collecting checks from government entities funded by taxpayers (people that actually work). Gee, Wally, sounds like half the welfare recipiants out there, exept they don't go for the gusto whereas you do! After your lawsuit ends in the same fashion as your bloated project here, move one state over to Pennsylvania, peddle your crap there, AND STAY THE FVCK OUT OF TEXAS!!!!

Soapboxmom

09-08-2012, 02:52 PM

https://www.facebook.com/pages/EarthQuest-Institute/224584770416

EarthQuest Institute (https://www.facebook.com/pages/EarthQuest-Institute/224584770416?ref=stream)

4 hours ago

Hello Everyone,

I wanted to give you all my assessment of the situation with regard to EarthQuest Institute and the connection with the now reorganized EarthQuest Adventures Theme Park project.

First, Dr. Matt Gardner and myself (Don A. Holbrook) have not been formally affiliated with the project since 2010. That is because the Non-Profit lost it's financial support from EMCID, and could no longer pay us for our time spent on the project. When this occurred the former staff ceased all fundraising efforts seeking clarification on how to progress EQI, but did not get any direction from the Board of Directors. In fact, Dr. Gardner, Myself and another staff member continued to perform our contractually obligated services at the request of EQI and EMCID and we have not been paid after almost two years for our time, which was deferred under this promise of payment. Finally, the former staff resigned and have awaited our final compensation now for over two years. Therefore, while we as the former staff remain very supportive of EQI, we cannot represent them or respond to requests for more information uncompensated for our time.

At this time, the original board of directors no longer exists or is not functional. Leon Cubillas the EMCID Chair was unelected, so I believe according to the formation by-laws the new Chair Person of EQI is Connie Bloodworth of EMCID. The developer also required as a minimum board member John Marlin no longer controls the Global EarthQuest Adventures Theme Park project and it would be my understanding that now Mr. Chris Brown the new developer (Contour Entertainment) would automatically become the 2nd board member of the three required. Mr. Don Lessem the original creative idea and founder has the third seat by rule of the formation and by-laws but he has formally resigned and does not want to be responsible for EQI debts and/or mission any further. That seat will need to be filled by EMCID and Contour.

All the files related to the EQI have been turned over to the Federal Government until EMCID and the remaining board members can take corrective action to address the EQI debts and on-going concerns.

Please do not reference the former staff, who were paid to manage the Board of Directors ideas for how to progress EQI as part of the basis for why EQI is not functioning or responding to the media. This is squarely the results of the original board of directors not fulfilling their obligations to provide adequate funding for the EQI and payment of their obligations that they agreed to provide to the former staff for undertaking and carrying out their instructions.

Furthermore, EMCID and Contour have both stated to me that once the new theme park project gets funded that EQI is going to be addressed and brought forward again in connection with the for profit project as a major element of the projects vision for a sustainable message underlying the fun elements of the theme park.

We wish EQI nothing but good luck, and we believe the original message and mission is still very valid and critical. In our opinion, without the support financially of EMCID and the developer well documented and carried out the fund raising was not adequate enough to maintain the mission. It can and should be a major contributor to the theme park mission and message once that is viable. In fact, it is my understanding that the current developer and EMCID have formally planned on including EQI in their new development agreement, but the former staff has not been apprised of how our deferred compensation is going to be addressed as of this date. We have been assured by EMCID that our unpaid time will be addressed that EMCID will make sure that we are fully paid at some point. We feel we have been more than patient but would like a definitive time for who and how we are going to get paid.

We just recently were informed of yet more media requests related to EQI and at this point we feel it is most appropriate that any such information requests should be addressed to EMCID in the future. They were the organization ultimately responsible for the formation of EQI and funded the first two years of operation and EMCID has control of the development agreement with Contour with regard to the themepark, so they are the best point of informational contact on this matter.

1 (https://www.facebook.com/shares/view?id=10152096977550417)Share (https://www.facebook.com/ajax/sharer/?s=22&appid=25554907596&p%5B0%5D=224584770416&p%5B1%5D=10152096977550417)

https://fbcdn-profile-a.akamaihd.net/hprofile-ak-prn1/71155_224584770416_5430110_q.jpg (https://www.facebook.com/pages/EarthQuest-Institute/224584770416?ref=stream)EarthQuest Institute (https://www.facebook.com/pages/EarthQuest-Institute/224584770416?ref=stream) This posting represents the opinions of Don Holbrook and Don Holbrook alone.
3 hours ago via mobile (https://www.facebook.com/mobile/)

Is Don Holbrook saying the IRS has seized the records? Does he really think the taxpayers are going to throw any more money at this ridiculous deal???

I was told by Matthew Gardner that he had sent the records to EMCID care of Frank McCrady. Frank and that attorney David Marks can bite me. I am tired of the run around and BS! I want the public records made available immediately as required by law!!!!

I would suggest that Don Holbrook take appropriate action to get his name removed from all the charity's official filings. Until it is removed, I will be demanding the paperwork from him as he is the CEO and president. Since Holbrook is chasing me around in court, I will be requesting that and lots more in discovery. I intend to get everything but his used toilet paper!! Glad to know he is being hounded about this.

Soapboxmom

Soapboxmom

09-08-2012, 09:41 PM

TheNiche (http://www.houstonarchitecture.com/haif/user/1527-theniche/)

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Posted Today at 11:09AM
I'd say something specific about the players involved, but don't want to be thrown in with all the litigation.

Suffice it to say, if I were a hypothetical key employee of a failed entity that owed its existence to a government entity acting as angel investors, and my entity's business plan sucked and serious allegations had been made of impropriety on my part, then I would not be making a fuss about not getting paid even more money from the investors. I would not be deferring blame to the investors at all. I wouldn't be citing hearsay from them or about them to the public or the media. I'd be making as few waves as possible. I'd try to get on with my life, probably in a different city doing something very different. I might even consider seeking a legal name change.

That's just what I would do. It's just one man's opinion. (This statement is not intended as legal advice and should be strictly construed within the limits of the hypothetical scenario that is proposed with limited applicability to complex real-world situations.)

Like This (http://www.houstonarchitecture.com/haif/index.php?app=core&module=global&section=reputation&do=add_rating&app_rate=forums&type=pid&type_id=409188&rating=1&secure_key=daeb3f7d7ceac2738777a660f3cf2090&post_return=409188)

"Forgive him for he knows not what he does. On the other hand, maybe he does know." --Frank Zappa
Holbrook doesn't know when to stick a sock in it!!!

From: David Marks [mailto:dmarks@marksrichardsonpc.com]
Sent: Friday, February 17, 2012 3:08 PM
To: Dobrott, Heather; leon.cubillas@att.net
Cc: fmccrady@emctx.com; sparmer@emctx.com
Subject: RE: Earthquest Institute Information Request

Ms. Dobrott

This firm does not now and had never represented Earthquest Institute or The Institute Earthquest, and therefore does not have access to any of the records you requested.

David

David M. Marks
Marks Richardson PC
3700 Buffalo Speedway, Suite 830
Houston, TX 77098
Phone 713.942.9922

From: Frank McCrady [mailto:fmccrady@emctx.com]
Sent: Friday, February 17, 2012 4:14 PM
To: Dobrott, Heather
Cc: David Marks; Leon Cubillas
Subject: RE: Earthquest Institute Information Request

Heather,

Earthquest Institute is a independent nonprofit corporation not under control of EMCID and as such neither I nor EMCID have access to its documents.

Frank F. McCrady
President/CEO
East Montgomery County Improvement District
P.O. Box 1019
New Caney, Texas 77357
281-354-4419

From: Dobrott, Heather [mailto:heather@dobrott.com]
Sent: Thursday, February 16, 2012 4:45 PM
To: leon.cubillas@att.net
Cc: Frank McCrady; Suzanne Parmer; dmarks@marksrichardsonpc.com
Subject: Earthquest Institute Information Request

This request is made under the Texas Public Information Act, Section 552 of the Texas Government Code. In accordance with the law, which requires that the “Officer for Public Records shall promptly produce such information for inspection or duplication, or both, in the offices of the governmental body,”

The Texas Non Profit Corporation Act says:

Art. 1396-2.23A. FINANCIAL RECORDS AND ANNUAL REPORTS. A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices.
B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds.
C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report.
D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor.

Also certain disclosures are required by the IRS, therefore I respectfully request access to the following information:
All records of the Earthquest Institute or The Institute Earthquest that are required to be publicly available including, but not limited to financial records, records reflecting the activities of the charity as outlined on its website EarthQuest Institute - Programs (http://www.earthquestinstitute.org/eqi-programs), a list of the currently active managers and board members of the Institute, information relating to Dr. Gardner’s proposal to house the Institute on EMCID property until it could be moved to the theme park, filings with the IRS or State of Texas and any other information concerning fundraising or activities of this charity.

Thank you for your kind help. Please make the records available to me via e-mail and or publication on the charity’s website.

Thank you,

Heather Dobrott

Pass the buck is sure working out swell isn't it? After Holbrook dumping the Earthquest Institute debacle in Frank McCrady's lap, I assume McCrady won't be kissing his rear any longer. I also suspect that Holbrook will not be invited back for more dips into the tax dollars he and McCrady have so freely blown.

Why is McCrady not on the chopping block? How many hundreds of thousands did McCrady promise Holbrook? How many more $185.00 hours should the taxpayers have to fund? Holbrook has no experience running a non-profit. Look at Bobby Schindler who is paid only $17.00 an hour to work for the wonderful charity he runs (http://www.terrisfight.org/). What a dino disaster!!!

pantherdadX2

09-09-2012, 10:51 AM

Great subject matter for a new book titled "The Resurrection(s) of the Immortal Seargent Schultz". This book could be co- authored by anyone involved with the EQI with an intro by the three monkeys See no Evil, Hear no Evil, and Speak no Evil. The first chapter could be titled "WE know...NOTHING!!!"

pantherdadX2

09-11-2012, 08:53 AM

Memo to PigPen: The taxpaying citizens of EMC would like to know if your last message means you are done gorging on the numerous pie fillings generously provided to you by Frank the Bank and the EMCID on thier behalf. If so, they respectfully request the remnants of the 55 gal drum of industrial strength Mr. Clean so generously provided by Buzz and Woody be Fed-Ex'd to Frank's office ASAP. They're pretty sure Frank and his buds are anxious to wash thier hands of this mess also!!!

Soapboxmom

09-12-2012, 09:51 AM

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CIVIL DIVISION
CITY OF HUBER HEIGHTS, OHIO
Plaintiff,
v.
DON ALLEN HOLBROOK, LLC
Defendant/Third-Party Plaintiff
v.
Heather Dobrott, et al.,
Third-Party Defendants.
CASE NO. 2012-CV-02947
JUDGE MICHAEL TUCKER
NOTICE OF DISMISSAL WITH
PREJUDICE OF THIRD-PARTY
DEFENDANTS STEPHENS MEDIA
LLC D/B/A THE PAHRUMP VALLEY
TIMES
Pursuant to Ohio R. Civ. P. 41(A)(1)(a), and Mont. Co. C. P. R. 2.15(I)(A), Defendant
and Third-Party Plaintiff Don Allen Holbrook, LLC gives notice that it dismisses, with prejudice,
its claims against Third-Party Defendants Stephens Media LLC d/b/a Pahrump Valley Times in
the above-referenced matter.
Respectfully Submitted,
s/Sue Seeberger
Sue Seeberger (0059730)
5975 Kentshire Drive, Suite D
Dayton, Ohio 45440-4264
Voice: (937) 291-8646
Fax: (937) 291-8650
sueseeberger@biegeltye.com
Attorney for Defendant Don Allen
Holbrook, LLC

Soapboxmom

09-12-2012, 10:14 AM

Holbrook's attorney wench just dismissed another party that had not filed any response. Holbrook's bid to silence the taxpayers speaking out about Earthquest and more has been a catastrophic failure. This certainly speaks to the merit of his case! :loser:

What kind of idiot files a case that is so weak they have to drop a slew of parties before they have even filed a response??????

Soapboxmom

09-12-2012, 02:36 PM

draino (http://kingwoodunderground.com/account.jsp?id=3891944) --- 1 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3891944&otype=ACCOUNT&btype=HIDE&dest=topic11722526) Soap Box Mom;

You seem to be deranged and self-absorbed with your own ideals in my opinion, of what is going on in situations and never even consider the other side of situations.

I don't know why you think you are the judge, jury and executioner in matters of legalities, but your ideas and comments are absurd and vigilantism went out with the wild west,

For example tactical situations in matters of the law are that you don't even consider that perhaps the other sides attorney's cut deals with Holbrook to settle out of court. Secondary to that in my own opinion, he is probably cutting loose and settling with them to focus on you and your cyber thugs and bullies as a major focus... he surely does not have any intent on letting you off the hook. Even if you manage to avoid him in Ohio he will probably just sue you in Texas for your defamatory comments. He certainly did not dismiss you, Cynthia Calvert or Frank Maurizio and rumor has it the PVT settled to avoid litigation at least that is what is being stated in Pahrump. Lastly, I would wager that he will be relentless in his pursuit of you for your hounding of him and his family and trying to ruin in livelihood. Quite candidly you deserve to get your trap shut up... we are all tired of listening to you. I know you like to listen to yourself and you seem to have nothing better to do than to torment Mr. Holbrook, but get a life! Really you are so self-absorbed and righteous in your statements it sickens most normal folks. I read that he posted a pretty good outline of what went on with EQI and that does not seem like someone trying to avoid telling the story, he is smart not to respond to you, you would only attack him more and then blast all his clients and past clients with your negative blather. You are in my opinion one sick individual.

You fail to mention in your comments that the Judge ruled against Huber Heights on 2 of their motions and dismissed two claims and told the City they had until next Monday to produce some factual evidence of their other claims... so I think Holbrook is actually on the momentum of winning not failing in his case. I'd watch out according to my sources he has won all his previous suits and you may just be next in his legal sights. Why don't you admit you have no evidence of your statements and apologize to the man and get your own life back and allow him to do the same? Your bad kharma will only bring you pain and emotional distress because what we sow we reap.

draino (http://kingwoodunderground.com/account.jsp?id=3891944) --- 1 hours ago - quote - hide comments (http://kingwoodunderground.com/bookmark.jsp?a=ADDBM&id=3891944&otype=ACCOUNT&btype=HIDE&dest=topic11722526) BTW:

Rumor has it that the Houston Chronicle may be doing an expose on EMCID and that people are coming forward to tell the behind the scene antics of the new board and past board and what they don't want the public to know about.

The new board and their new Chairperson Connie Bloodworth and Vicki Floyd have already created legal problems for EMCID in their own righteous indignation of promises and contracts they have broken and/or not honored... as a public agency you would think folks could trust EMCID to do honorable business but apparently they do not honor their obligations. EQI is just one example of them purposefully avoiding their own responsibility as the organization that enabled the creation of it and paid for the majority of the staff fees the first two years... they also promised the staff that they would make sure they were fully paid for their time if they continued to work but now according to the FB post they have selective memory on these topics.

Not very good when you can't trust EMCID to pay their promised financial obligations and then shameless for the EMCID board to place the scrutiny on the unpaid staff of EQI for responding to the media and government on these matters. EMCID's chairperson was the chair of EQI by nature of a guaranteed board seat in the organizing charter according to the FB post.

Looks like statutorily compliant corruption is alive and well in Texas as well. EMCID should do the right thing by the vendors and former staff of EQI and pay the account current and let the new board and EMCID decide how to go forward instead of letting all those folks get stuck with the bill, that EMCID helped to create. SHAMELESS!

That comes from a good source I have in the area that is in the media business.

Let me guess. This is Holbrook having yet another meltdown.

I think Holbrook dismissed numerous parties because it was obvious to his attorney they had no legitimate case against them and the case could possibly be turned around on him. Supposing the parties settled out, just what did Holbrook get? The Houston Press articles and comments still stand. I haven't noticed the Pahrump Valley Times removing anything either, so do tell us what this brilliant strategy accomplished other than making Holbrook look even more foolish and foolhardy???

Really choice calling the beleaguered tax payers "cyber thugs." How charming! And, now that Holbrook has sued me he really has my attention and I will be focusing on his antics with great interest! He single-handedly ruined his own livelihood with his years of threats, exaggerations and outright lies.

EMCID, read Frank McCrady, should never have agreed to throw hundreds of thousands of taxpayer dollars to that silly charity, the Earthquest Institute. There was no legitimate reason I can see for that fiasco to be funded largely by tax dollars. EMCID had no choice but to end that gravy train. Earthquest is not likely to happen and those are taxpayer dollars that will have been completely wasted. Cry about the $185.00 that buffoon was paid? I think not! Even if he was paid for only half of the hours he worked that is way too much to pay someone running a charity (especially when that individual has no experience doing so.)

Holbrook has won a case where he clearly according to the meeting minutes was fired for falsifying his resume. Red Wing, unfortunately, had a contract with him that did not give them the authority to fire him in the manner they did. Holbrook has denied falsifying the resume even though the Red Wing meeting minutes clearly document his shenanigans. If it was such a stunning victory then tell Holbrook to publish in their entirety all the court documents from that case. They were old enough that I could not purchase them, though I already know where to request them if the case we are currently fighting makes it as far as discovery. What does he have to hide?

I do not believe EMCID should pay Holbrook another dime. And, who is actually so far gone as to believe Earthquest is going to move forward? Chris Brown had his 90 days to formulate a new business plan and did not attend the meeting. Everyone in the know has figured out it is completely extinct. The board is no longer discussing it because they have long since moved on. It is now clean-up the disaster time. With Holbrook's latest missive attacking EMCID, I think even Frank McCrady will part ways with him.

If Holbrook had to respond to the government, then it is possible the IRS and/or Texas Attorney General's Office demanded the paperwork for the silly charity that blew through1.4 million dollars whilst not doing and of the charitable activities promised.

Everything here is truth, facts and opinion only. I will never apologize to that lying and threatening goon.

Soapboxmom