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, 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-c...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/hairba..._huber_heights.
php;
Discussion about the New Caney Dino Park - Houston Dinosaur Park and
Kingwood Underground - the heart and soul of our Kingwood, Texas family, 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 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
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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: “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
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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
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