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Thread: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

  1. #476
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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    To be a more accurate representation of recent history, wouldn't that be more likely to read something along the lines of:

    Quote Originally Posted by Don Holbrook
    By hiring me, you get experience in having your ass sued from here to next Christmas, or, at the very least getting yourself involved in long, protracted, pointless and expensive legal shenanigans
    The only thing necessary for the triumph of evil is for good men to do nothing

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Sued developer files counterclaim against city

    The negative publicity for Donny boy is piling on. I notice his ever charming legal counsel has gone silent.

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    January 29, 2010
    Alberta's Industrial Heartland Annual Luncheon
    Keynote Speaker
    Fort Saskatchewan, Alberta
    Recession not over, says American economic developer - Fort Saskatchewan Record - Alberta, CA

    Recession not over, says American economic developer


    By Conal MacMillan / Record Staff

    Posted 2 years ago

    The United States and Canada aren't out the economic woods yet and will slip into and out of recessions as economic change takes hold, a leading American economic developer says.
    But that doesn't mean there aren't pearls of opportunity waiting for keen people who are looking for them, adds Don Holbrook, a board member of the International Economic Development Council.
    In fact, it will be the drive and innovations of local leaders that will help lift the recession, Holbrook says.....

    The Arizona-based economic developer was invited to Alberta last week as the keynote speaker addressing the 300 industry and political leaders at the 11th annual Alberta's Industrial Heartland Association stakeholder luncheon in Fort Saskatchewan.
    Holbrook has previously penned a report for the Obama administration and has presented to a presidential task force under Bill Clinton. The economic developer also serves on the board for one of the largest lenders in the U.S.
    Alberta hasn't seen nearly as negative of an economic impact as elsewhere on the continent thanks to its vast resources, Holbrook says, pointing out that resource-rich Texas has also weathered the storm.....

    In addition, the U.S. could become insolvent and bankrupt, by definition, Holbrook says.
    "The bottom line is: If you are a small business and your biggest customer is insolvent and bankrupt, how do you deal with that?"
    Holbrook believes immigration to Canada is only going to increase from the U.S. because of the opportunities that will be available here.
    "There's gonna be tremendous migration... to places with great opportunity and I believe Alberta is one of those places," Holbrook says, adding that communities should invest in quality services and amenities that will attract new residents.....

    "The U.S. has been on an irrational binge of consumption for the last 40 years and I think it's got to turn around."
    In the end, history might provide a good lesson. French ruler Napoleon refused to borrow money because he believed it was inherently bad for his country, Holbrook notes, because lenders would wind up running the nation.

    cmacmillan@bowesnet.com
    Where does this goof come up with this stuff? I will of course request those reports to Obama and Clinton. It looks like he tried to sell them on a destination theme park as well using his alleged success in New Caney, Texas yet again. Earthquest was a success for him personally to be sure. He made a boatload of money that came out of hard working taxpayers' pockets mind you. Holbrook is certainly redefining success.

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    July 11-13, 2010
    National Rural Economic Developers Association
    Keynote Speaker: Annual Conference
    Portland, OR
    http://www.nreda.org/core/contentman...s_Sponsors.pdf
    Dr. Matthew Gardner, Sustainserv, Inc., Boston, MA
    Dr. Matthew Gardner is Director of Sustainserv, Inc., a Boston Massachusetts and Zurich
    Switzerland based firm that works with the world’s leading companies to help them design and
    implement corporate sustainability strategies. Matt’s work takes him around the world to lecture,
    teach and work with organizations that are interested in exploring how the current environmental,
    social and economic challenges faced by the world can be turned into positive growth opportunities
    for companies, society and the planet. His expertise is in corporate sustainability, green community
    planning and development, life cycle analysis, and environmental education. Matt earned his
    bachelor’s degree in chemistry from Havorford College, and his doctorate in chemistry from
    Michigan State University. He spent ten years at Massachusetts Institute of Technology, including
    five years as the Executive Director of the Earth System Initiative, an environmental research program. Matt sits on the
    advisory board of several not-for-profit organizations and is currently the Chief Science Officer for the EarthQuest
    Institute, a new non-profit venture, affiliated with the planned EarthQuest Adventures Theme Park, slated for construction
    in New Caney, Texas.

    Don Holbrook, CEcD, The Vercitas Group
    Don Holbrook spent 17 years at the CEO level of Economic Development Organizational
    leadership and or the past five years has been engaged in his own global site location practice
    focused on Destination Entertainment Attraction projects such as Theme Parks, Resort Hotels,
    Casino Resorts,Waterparks, Thematic Retail and Family oriented venues as well as Sports
    complexes. He is the lead consultant currently on the largest and first Green Theme Park in
    Greater Houston TX.
    His work in conjunction with sustainable practices and clean technology
    along these lines as created a unique blend of practical and affordable considerations for
    Greening the Economic Development business attraction industry. Holbrook has worked on over
    100 projects in his 20+ year career. These projects have created over 50,000 jobs and resulted in
    billions of dollars of capital investment into local economies. He is currently a board member of the
    International Economic Development Council (IEDC) and he is a certified Economic Developer and a recognized Fellow
    Member of IEDC. Holbrook has authored two books on economic development, including his still best selling first book,
    "The Little Black Book of Economic Development," and "Who Moved My Smokestack?" which was released in 2008. He
    has a third book coming out this fall, "The Next America...an inconvenient economy!" Dr. Gardner and Holbrook are cowriting
    a book currently on "Greening Economic Development- Attracting Responsible Corporations to Sustainable
    Communities."
    Blah, Blah , blah.... I would bet as Dr. Gardner has left the Earthquest Institute that paid Don Holbrook a samll fortune and was left bankrupt, he is not writing any book with that clown. I don't think Holbrook will be able to hang on to the good docs coattails any longer!

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    October 7, 2010
    Native Nations National Event
    Keynote Speaker, "The Art of the Deal Today"
    M Resort, Las Vegas, NV
    This resulted in zero internet buzz. I don't see Holbrook as a speaker in this year's conference. I guess there was no session about threatening and suing the pants off of the media and taxpayers that comment on matters of public concern.

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    November 15-18, 2010
    International Amusement Park & Attractions Conference
    Orlando, FL
    That was the last time the Earthquest bunch showed up for that, I was told. I bet in 2011 they had quite a snicker about the Earthquest bunch skipping the party. Of course, those are the very ones who would know that a high dollar independent project was very unlikely to get funded. The Earthquest idea would have been more likely to get funding with Disney, Sea World, Universal or the like behind it, assuming green really is in and appealing in a legitimate market research study about what people actually want in a theme park. Don Holbrook was hired in 2007 to head up the fundraising and should have known that before millions in tax dollars were wasted.

    Holbrook should follow Judge Sadler's advice. Why on earth is he publishing and bragging about his success with Earthquest in New Caney, when there are still no investors in sight??? With the new board coming in the gravy train will likely be ended. And, seeing the decisive action Huber Heights took to nip their problem in the bud, I would think the East Montgomery County Improvement District should get new counsel in and take a fresh look at their options.

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    McCrady Testimonial.pdf

    That Frank McCrady comment takes the cake. It appears the poor hick made this comment in 2008 as Holbrook's first book, Who Moved My Smokestack came out. That ridiculous plug about Earthquest in there would be enough one would think Holbrook would pull that book off of the market. Folks might just Google (Holbrook didn't sue Google yet) and see what a Titanic proportion mess Earthquest really is. McCrady should lay off of the Red Zeppelin wine before he types! I wonder what McCrady really thinks about Holbrook now with the billion reasons ($$$$) this park is only a pipe dream.

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Like I've said before Soapboxmom, no one has moved this smokestack. It's attached to his neck, located right above his chin and below his upper lip. The only future economic development trend I and others seen in EMC was corporate welfare by the EMCID, funded by FUTURE tax revenue. Word has it the John and Jane Does are about to bestow a new titlle on Don through the IILL (International Institute of Lower Learning), LOM, (Legend in his Own Mind)

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    The LOM sure changes his tune depending on where he is posting:


    Don Allen Holbrook, Author (9thTemplar)'s Info

    About 9thTemplar
    Knowledge is one of the most important pursuits that humans can have while here on earth. If it is used to good purposes it can create a more meaningful life for us and those we have influence upon, even those we don't know. Experience combined with knowledge can create wisdom. The imparting of these three characteristics to others is one of the most rewarding facets of being involved, engaged and interactive with our fellow members of humanity. It is this passion that fuels and drives me as an author. By being an author it allows me to share of my self with so many more people than I could normally be able to reach in my daily life.


    9thTemplar's Other Profiles













    Basic Info
    Real Name
    Don Allen Holbrook, Author
    Motto
    “Veritas vos Liberabit (The truth will set you free)”
    I'd like to share what I know about
    Ancient History, Economic Development, Economy
    I'd like to discover more about
    Ancient History, Globalization, Global Warming
    Member Since
    Jun 25, 2010
    Last Login
    Apr 24, 2012 05:51 PM UTC
    Education
    Wright State Unviersity '82
    BA/BS Urban Planning & Economic Geography

    Vandalia Butler '79
    Work
    Don Allen Holbrook, LLC.
    Economic Development Economist/ Author / Public Speaker
    January 2006 - Present
    Holbrook's motto is sue the pants off of the media and taxpayers that dare to comment on matters of public concern! And, seriously his nose is growing and that halo is really crooked!

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Holbrook is now on LinkedIn scrounging for speaking engagements. Funny, but he won't publish my truthful comment:
    Pending Submissions

    View all of my submissions » Heather Dobrott commented on Keynote Speaker shows how to find capital in a tight credit market
    Don Allen Holbrook LLC is suing The Tribune, Cynthia Calvert, The Houston Press, Craig Malisow, The Pahrump Valley Times, John and Jane Does who commented on matters of public concern and me (Soapboxmom.) Nothing like a developer that wants to silence taxpayers and the media!
    When is he going to find the funding for Earthquest that he was hired to find in 2007???

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Another Monthly Report from Holbrook's Bankruptcy:

    Application for Reimbursement Holbrook Bankruptcy.pdf

    Monthly Report Holrook Bankruptcy June 2012.pdf

    Lots more that doesn't make a lick of sense. $326.77 on food to feed Holbrook, his wife and two sons makes no sense and neither does the $2,683.68 transferred back to a business account. How much do they have socked away in business account(s?) Check out the 22 grand in attorney fees for this silly bankruptcy filing.

    How is this clown paying his lawyer, Sue Seeberger, to sue half of the planet for commenting on matters of public concern when he is floundering in yet another bankruptcy filed just 4 years after a chapter 7 filing? How many others in bankruptcy have a magic business account with an undisclosed amount of money that they can draw off of??? How much is in that business account with those 100s of successful projects and numerous speaking engagements?

    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Word has it the IILL (International Institute of Lower Learning) has had to commission an additional artist to carve the nose on the wooden statue honoring the Lord and Supreme Master of the Internet. Dr. Paul Bunyon will be working with the original artist, Dr. Geppetto, as Dr. Geppetto has no experience working with California Giant Redwoods.

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Quote Originally Posted by pantherdadX2
    Word has it the IILL (International Institute of Lower Learning) has had to commission an additional artist to carve the nose on the wooden statue honoring the Lord and Supreme Master of the Internet.
    I wonder how he's going to do it.

    He must be going to do some sort of telescopic arrangement to allow for future growth in the length of said nose.

    The only thing necessary for the triumph of evil is for good men to do nothing

  14. #489
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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Quote Originally Posted by littleroundman View Post
    I wonder how he's going to do it.

    He must be going to do some sort of telescopic arrangement to allow for future growth in the length of said nose.

    Just think what he could do with a little Viagra...!
    It seems like in this "industry" common sense is not all that common!

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Viagra = Wood? Where is this taking me? Oh well, I'm going to roll in the splinters with it. Soapboxmom, I'm going to finally disagree with you slightly. I don't believe Donnyboy's halo is crooked, I believe it has warped itself to conform to his mind. Perhaps he could take another trip to the bowels of the Red Zeppelin winery, pop another dozen or so corks, drop a hit of LSD and have a pow-wow with the spirit of Dr. Timothy Leary. Afterwards, he could dip into his Majical Mystery Fund and pay back the $1,050.00 Victoria's Secret tab that was discharged in his bankruptcy,seeing as though the wifey will no doubt need new gear due to the exponential wood growth eminating from Sir Gasbag himself!!!......HAVE A HAPPY 4th, Guys

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    http://www.cyberslapp.org/documents/...eDismissal.pdf

    Very interesting reading. Holbrook's attorney has an incredibly high bar to meet to prove defamation. This case involves and anonymous blogger on Yahoo.

    Generally, an Internet message board is an electronic forum through which anyone with Internet access can post messages about a given topic. Then, anyone with Internet access can read them, and even respond if desired.
    And, the way Holbrook has responded will effect his own legal case I know from experience. He should have realized all his meltdowns and threats would encourage more debate and controversy.

    There is plenty of hyperbole and as the judge points out:

    Indeed, the Defendant’s position here is even stronger, given that the statements appeared on an open, uncontrolled Internet message board, rather than in a prominent business magazine. See also Nocosia v. DeRooy, 72 F. Supp. 2d 1093, 1101 (N.D. Cal. 1999) (statements published through Internet discussion groups are less likely to be viewed as factual assertions).
    B. The Defamation Claim
    The Plaintiff alleges that the statements posted by the Defendant on the Yahoo! message board are defamatory. Defamation is a false publication causing injury to a person’s reputation, including affecting him adversely in a trade or business. Snyder v. AG Trucking, Inc., 57 F.3d
    484, 489 (6th Cir. 1995). The elements of defamation are (1) a false and defamatory statement, (2) unprivileged publication to a third party, (3) a requisite amount of fault on the part of the publisher, and (4) actionability or special harm caused by the statement.....
    The Court stated that the analysis of whether a statement expresses a false fact or opinion must be based on the totality of the circumstances,
    focusing on the following four factors: (1) the specific language used; (2) whether the statement is verifiable; (3) the written context of the statement; and (4) the broader social context in which the
    statement is made.......
    Statements appearing in such locations as forum and commentary newspaper sections, or other venues often associated with “cajoling, invective, and hyperbole”, are more likely opinion.......
    Here, the Defendant’s statements were posted on an Internet message board. Such message boards are accessible to anyone of the tens of millions of people in this country (and more abroad) with Internet access, an
    2 The Court notes that the Complaint alleges damages only in the most general and conclusory sense. There are no specific factual allegations that the Defendant’s statements actually caused the stock price to fall, caused other economic damage, or that anyone even relied upon them.
    -11-
    no one exerts control over the content. Pseudonym screen names are the norm. A reasonable reader would not view the blanket, unexplained statements at issue as “facts” when placed on such
    an open and uncontrolled forum. Indeed, Yahoo! places a disclaimer...
    So, until things that induce big boy meltdowns become actionable, I guess Holbrook is out of luck! He has yet to identify a single false statement of fact made by any party anywhere. He would have been wise to work out his issues with Huber Heights privately in my estimation. I will research more case law on his ridiculous claim that I am cyber-stalking and cyber-harassing him as well.

    His very public action targeting anonymous taxpayers speaking out on matters of public concern on newspaper comment sections and public forums is going to draw a cascade of media attention to this. I believe this will be quite a case to watch and naturally I have informed everyone on the planet!!!



    Soapboxmom

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Holbrook was apparently told to take a hike by Huber Heights on March 14, 2012. He was asked to refund the city and apparently much legal maneuvering followed. He registered his Don Allen Holbrook LLC as a foreign corporation in Ohio on April 25, 2012, one day after the suit was filed against him, using his attorney, Sue Seeberger, and her address for the registered agent.



    Corporation Details
    Corporation Details
    Entity Number 2102894
    Business Name DON ALLEN HOLBROOK, L.L.C.
    Filing Type FOREIGN LIMITED LIABILITY COMPANY
    Status Active
    Original Filing Date 04/25/2012
    Expiry Date
    Location: County: State: ARIZONA
    Agent / Registrant Information
    SUE SEEBERGER
    5975 KENTSHIRE DRIVE
    DAYTON,OH 45440
    Effective Date: 04/25/2012
    Contact Status: Active
    Filings
    Filing Type Date of Filing Document Number/Image
    REG. OF FOR. PROFIT LIM. LIAB. CO. 04/25/2012 201211800791

    Corporation Details

    I am shocked this attorney got herself so tangled up with Holbrook. Of course, First Amendment issues seem to confuse both of them dreadfully as we can see in this filing and Holbrook's inane blog. Seeberger will not have any luck against websites and newspapers etc. that allow comments. The owners, admins and mods are not responsible for content posted by others. And, Holbrook will not be adjudicated to be a private citizen in all likelihood, so she will have to meet a very high standard with those parties that are not already protected by federal law. Holbrook better start finding those false statements of fact before a judge decides the filing was done for the purpose of harassment and is frivolous. The defendants will get everything but his used toilet paper as I said.

    Attachment 1419

    http://www.realscam.com/f11/don-allen-holbrook-iedc-international-economic-development-council-rogue-member-1240/index7.html#post20513

    How legit is EZ Wealth Solution? Kathleen Vanbeekom Promoter wserra writes:
    The writer probably ought to take a look at ]47 USC 230. In relevant part, it reads: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." In other words, the "scam site owner" is not liable for what others post. Moreover, since this is a federal statute, it preempts any state law to the contrary....Additionally, as LORM writes, bluster notwithstanding most scammers would pull their own heads off before actually suing anyone. Not only would they have to answer questions about the scams they run, they'd have to prove damages. This means giving defendants authorizations to obtain tax returns to verify lost income....
    SBM had the bad luck to run into particularly stupid scammers.


    Proving Fault: Actual Malice and Negligence | Citizen Media Law Project

    Actual Malice

    In a legal sense, "actual malice" has nothing to do with ill will or disliking someone and wishing him harm. Rather, courts have defined "actual malice" in the defamation context as publishing a statement while either

    • knowing that it is false; or
    • acting with reckless disregard for the statement's truth or falsity.

    It should be noted that the actual malice standard focuses on the defendant's actual state of mind at the time of publication. Unlike the negligence standard discussed later in this section, the actual malice standard is not measured by what a reasonable person would have published or investigated prior to publication. Instead, the plaintiff must produce clear and convincing evidence that the defendant actually knew the information was false or entertained serious doubts as to the truth of his publication. In making this determination, a court will look for evidence of the defendant's state of mind at the time of publication and will likely examine the steps he took in researching, editing, and fact checking his work. It is generally not sufficient, however, for a plaintiff to merely show that the defendant didn't like her, failed to contact her for comment, knew she had denied the information, relied on a single biased source, or failed to correct the statement after publication.

    Not surprisingly, this is a very difficult standard for a plaintiff to establish. Indeed, in only a handful of cases over the last decades have plaintiffs been successful in establishing the requisite actual malice to prove defamation.

    The actual malice standard applies when a defamatory statement concerns three general categories of individuals: public officials, all-purpose public figures, and limited-purpose public figures. Private figures, which are discussed later in this section, do not need to prove actual malice.


    And, there are lots of websites discussing the First Amendment under attack and I will be sharing this story with as many as possible. I love having a deluge of publicity for the truth!

    Soapboxmom
    Last edited by Soapboxmom; 07-05-2012 at 10:21 PM.

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Perhaps Holbrooks thinking twice about setting his feet on "resource-rich" Texas soil again, seeing as though he's lapped up all the gravy from EMC's bowl. Maybe he's gunning for "resource-rich" Canada. You should have paid more attention to those bumper stickers that said "Don't Mess With Texas" , Don, or to be more specific, "Don't Mess With C.C. or SOAPBOXMOM" because they're THE BOMB!!!! SBM, someone asked me to share a message seeing as though he didn't have a computer and vehemently believes in the First Amendment. Buckwheat say " O-tay, SHARE AWAY, make Pinnochio's nose grow day-by-day"

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    It might have to for him to find employment in Texas again!!!

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    What are you implying ???

    The only thing necessary for the triumph of evil is for good men to do nothing

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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    It appears Holbrook's attorney practices law using the dartboard method as I call it. Seeberger is throwing out allegations in her filings (some of which apparently have absolutely no basis in law or fact) apparently hoping something or anything at all for that matter will stick. That, of course, gives us plenty of fodder for discussion.

    Our dear colleague on Quatloos.com brilliantly foreshadowed the latest filing in this idiotic case:

    Quatloos! • View topic - Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet

    Huber Heights Motion to Strike Third-party Complaint.pdf
    MEMORANDUM OF LAW
    The City of Huber Heights filed a Complaint against Defendant Don Allen Holbrook
    alleging Breach of Contract, Unjust Enrichment, Fraudulent Misrepresentation, Fraud in the
    Inducement and Conversion. Defendant Holbrook filed a Second Amended Third-Party
    Complaint attempting to assert claims of Civil Conspiracy, Tortious Interference with
    Contract/Business Relationship, and Defamation (Per se and Per Quod), against various
    media organizations and individuals. Though Holbrook’s Tortious Interference claim is
    tangentially related to the underlying dispute between the City of Huber Heights and
    Holbrook, Holbrook’s claims are not proper third-party claims under Ohio Civ. R. 14(A).
    Civ.R. 14(A), in part, states:
    “At any time after commencement of the action a defending party, as a thirdparty
    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. * * * Any party may move to strike the
    third-party claim, or for its severance or separate trial. * * *”

    A third-party complaint cannot, however, be founded upon an independent cause of
    action even if the cause of action arises out of the same occurrence as the original complaint.
    Barton v. Realty Corp. of Am., 2012 Ohio 1838, *18 (8th Dist. Apr. 26, 2012)(citing State
    Farm Mut. Auto Ins. Co. v. Charlton, 41 Ohio App.2d 107, 322 N.E.2d 333 (10th Dist.
    1974). As explained in Van Atta v. Akers, 8th Dist. Nos. 82361 and 82422, 2003 Ohio 6615,
    at ¶ 33: “In order to be a 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 the defendant.” Citing
    Renacci v. Martell, 91 Ohio App.3d 217, 221, 632 N.E.2d 536 (1993). If the claim asserted
    in the third-party complaint does not arise because of the primary claim, or is in some way
    derivative of it, then such claim is not properly asserted in a third-party complaint. State ex
    rel. Jacobs v. Municipal Court of Franklin County, 30 Ohio St. 2d 239, 242 (1972).

    The claims and counterclaims between the City and Holbrook do not require the
    same determination of law and facts as Holbrook’s third-party claims. The City’s claims
    involve the scrutiny of Holbrook’s actions in inducing the City to enter into a business
    relationship and a determination of whether Holbrook satisfied the terms of their agreement.
    Those determinations have no bearing on the outcome of Holbrook’s third-party claims,
    which primarily involve allegations that the third-party defendants disseminated false and
    misleading information about Holbrook. Again, a determination of whether the allegations
    in Holbrook’s third party complaint do not affect the outcome of the claims and
    counterclaims between the City and Holbrook.

    The successful prosecution of the City’s claims would result in just the opposite
    outcome. If successful on its claim, Holbrook’s tortious interference claim against the thirdparty
    defendants would fail as a material element, lack of justification, could not be shown.
    For this reason alone, the Court should strike Holbrook’s Third-Party Complaint.

    Should the Court find Holbrook’s third-party claims proper, the City moves for
    severance or a separate trial. A determination whether a third-party complaint should be
    tried with the primary claim, severed from it, or tried separately is not in the uncontrolled
    discretion of the trial judge; rather, such discretion is to be exercised only after it is
    determined that the allowance or denial of the third-party claim is consistent or inconsistent
    with the purposes of Ohio R. Civ. P. 14(A). Id. Among others, the purpose of Ohio R. Civ.
    P. 14 is to promote judicial efficiency by avoiding a circuity of actions; to consolidate
    separate actions that should be tried together; to avoid a duplication of testimony and
    evidence; and to avoid inconsistent verdicts on identical or similar evidence or testimony.
    Id.

    The addition of Holbrook’s third-party claims does two things: It grossly confuses
    the issues presented in the City’s complaint and increases the City’s expenses. It attempts to
    insert parties from across the United States into a dispute over a transaction between the
    City and Holbrook. Though larger issues may loom over Holbrook’s affairs, this is not the
    proper setting to try all of Holbrook’s dealings.

    Ohio Civ. R. 20 instructs that the “court may make such orders as will prevent a
    party from being prejudiced, delayed, or put to expense by the inclusion of a party against
    whom he asserts no claim and who asserts no claim against him, and may order separate
    trials or make other orders to prevent prejudice or delay.” In this case, if Holbrook’s claims
    are allowed, the City would have no claims against multiple parties and would share no
    common issues of law or fact in the resolution of the dispute between those parties.
    Allowing the joinder of the third-party defendants would require the City to participate in an
    array of unnecessary increases in discovery, motion practice, and general case oversight.
    With the addition of the multiple third-party defendants, what could have been a two to
    three day trial between the City and Holbrook, would include an unknown number of parties
    and witnesses on issues not involving the City.

    Holbrook does not assert that any of the third-party defendants are liable to it in the
    event that the City is successful on its claims. For this reason alone Holbrook’s Third Party
    Complaint should be stricken. In the least, severance or a separate trial in this case is
    warranted.
    Don Allen Holbrook vs. Third-party Defendants Second Amended.pdf

    Soapboxmom

  23. #498
    laidback's Avatar
    laidback is offline Elite Scambuster
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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Quote Originally Posted by Soapboxmom View Post
    It appears Holbrook's attorney practices law using the dartboard method as I call it. Seeberger is throwing out allegations in her filings (some of which apparently have absolutely no basis in law or fact) apparently hoping something or anything at all for that matter will stick. That, of course, gives us plenty of fodder for discussion.

    Our dear colleague on Quatloos.com brilliantly foreshadowed the latest filing in this idiotic case:

    Quatloos! • View topic - Don Allen Holbrook LLC Sues Soapboxmom & Half of the Planet

    Huber Heights Motion to Strike Third-party Complaint.pdf


    Don Allen Holbrook vs. Third-party Defendants Second Amended.pdf

    Soapboxmom
    Seems like she may have gotten her JD from the same Cracker Jack box that Dwight of ASD Justice fame got his from...!
    It seems like in this "industry" common sense is not all that common!

  24. #499
    Soapboxmom's Avatar
    Soapboxmom is online now Administrator
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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Poor little Holbrook and his counsel must really be smarting over this:

    'Heights' developer seeking unique attractions

    Huber Heights is bragging of its economic development success and all of it without one mention of the world renowned speaker and economic developer Don Allen Holbrook. What a complete shock!!!

    Soapboxmom

  25. #500
    pantherdadX2 is offline Senior Member
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    re: Don Allen Holbrook IEDC Rogue Former Member / Jeff Finkle Orchestrates Cover-up

    Inevitably that will happen littleroundman, when in desparation you do this >

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