Page 23 of 61 FirstFirst ... 13212223242533 ... LastLast
Results 551 to 575 of 1524
Like Tree432Likes

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

  1. #551
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    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.
    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

  2. #552
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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

    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:

  3. #553
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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

    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"

  4. #554
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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


  5. #555
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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

    SALUTE!!!

  6. #556
    littleroundman is offline Administrator
    Join Date
    Jun 2010
    Posts
    18,323

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








    (continued next post)
    The only thing necessary for the triumph of evil is for good men to do nothing

  7. #557
    littleroundman is offline Administrator
    Join Date
    Jun 2010
    Posts
    18,323

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








    (continued next post)
    The only thing necessary for the triumph of evil is for good men to do nothing

  8. #558
    littleroundman is offline Administrator
    Join Date
    Jun 2010
    Posts
    18,323

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





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

  9. #559
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    Stik






    Don Holbrook
    Partner, Don Allen Holbrook, LLC.
    Las Vegas, Nevada

    Write a Review
    Send a Message

    -About

    Description

    Professional Economic Development Economist and Key Note public speaker. I address how the economy is affecting us all and what we should understand in order to do something about it. It is about how...

    Specials

    I have two friends affinity and associate level offers. if you recommend me as a public speaker and I get the gig, I will give you 25% of the booking fee between $1500 to $3500 normally so the average...

    States

    All States

    Mutual Friends

    Connect with Facebook to find mutual connections to Don

    -Recommendations Given


    Acillen Watts
    CEO/Founder, Self Employed (Business)
    Atlanta, Georgia



    Jennifer Cook



    Marc Herbst
    Realtor, Keller Williams Realty, Inc.
    Dayton, Ohio



    Michael Gleason
    Principal/Corporate Broker, R.O.I. Commercial Real Estate
    Las Vegas, Nevada



    Sherry Harradence
    Professional Realtor, ABR, CSSN, Home Smart Scottsdale, Arizona USA
    Scottsdale, Arizona



    Theresa Taylor
    Realtor, Coldwell Banker Residential Brokerage
    Chevy Chase, Maryland



    Yolanda Hunter
    Vandalia, Ohio



    Cece Sadauskas



    Gina Guglielmelli
    Hussy, HUSSY LLC
    Kailua-Kona, Hawaii



    Elvis Kokopelli



    Laura Almasan
    Volunteer IT Administrator, Fur Keeps Animal Rescue
    Elgin, Illinois



    Patrick DeBruler
    Indiana mortgage Banker , Interstate Mortgage
    Indianapolis, Indiana



    Alexis Fontenot
    Manager, Threads Resale Boutique
    Morro Bay, California



    Anna Lemons



    Annette Bernabe
    Licensed Realtor, Coldwell Banker Ditommaso
    Staten Island, New York



    Austin Wolff
    Lake Havasu City, Arizona



    Jake Posey
    Attorney & Government Affairs, Posey Law Firm, PC
    Georgetown, Texas



    Canis-cox Wirth
    Office of Employment and Training



    Chuck Mcalpin
    Maintenance, Blue Cross Blue Shield Tennessee
    Soddy-Daisy, Tennessee



    Colleen Kinsely
    Dayton, Ohio



    Debby Rode
    Patient Access Manager, Gadsden Regional Medical Center
    Birmingham, Alabama



    Denna Ketchum
    Realtor, Keller Williams Arizona Living Realty
    Lake Havasu City, Arizona



    Diane Pokk-bernas
    Girl Talk, TV Host



    Dianna Gross



    Douglas Taylor
    Owner, DAT Construction and D.A. Taylor Mgnt Services
    Lake Havasu City, Arizona



    Eddie Ebach
    Realtor, Brooks-Clark & Associates
    Lake Havasu City, Arizona



    Heather Dominick-kosmicki
    Owner, EnergyRICH® Entrepreneur Success Coach, EnergyRICH Coaching, Inc.
    New York, New York



    Frank Bruce
    Las Vegas, Nevada



    Glenn Milgram
    Realtor, White House Properties
    Los Angeles, California



    Heidi Love
    Wine Sales, HEB West Lake
    Austin, Texas



    Ian Holbrook
    Las Vegas, Nevada



    Karina Tiwana



    Kari Ziegler
    Evil Temptress, Gather Wine Bar
    Arroyo Grande, California



    Kat Kearns
    Managing Partner, Elemental Media Group
    Houston, Texas



    Kathy Villa
    Real Estate Agent, Coldwell Banker
    Beverly Hills, California



    Karen Matson
    Charlotte, North Carolina



    Ken Eckenroth
    VP Technology, Cable Leakage Technologies
    Rowlett, Texas



    Kimberly Langert
    Independent Insurance Agent, Perrine Agency
    Hopkins, Minnesota



    Laura Merriman-moritz
    Senior Loan Officer, Classic Mortgage
    Monroe, New York



    Diane Davison
    Owner/Attorney, Law Office of Diane Leigh Davison
    Baltimore, Maryland



    Linda Salmonson



    Lisa Hubler-Brockert
    Sales, VOSS Hyundai
    Dayton, Ohio



    Missy Day
    Huber Heights, Ohio



    Monica Lang
    Realtor, Celebrity Homes
    Omaha, Nebraska



    Paul Osterhout
    Vice President/Executive Producer, Contour Entertainment
    Pasadena, California



    Piper Sarad



    Sabrina Vulcano
    Real estate broker, CONSULTORA DE AGRONEGOCIOS
    Buenos Aires, Distrito Federal



    Samantha Debruler
    Senior Histologist, Covance
    Brownsburg, Indiana



    Shelli Nestle
    Property Manager, Vandalia Terrace Apartments/Property Manager
    Vandalia, Ohio



    Stillman Brown
    Self-employed winemaker, Stillman Wines, Zeppelin Winery, Red Zeppelin Vineyard
    Cayucos, California



    Mel Fabros
    Personal Trainer/Manager, Bodysport Fitness Center
    Las Vegas, Nevada



    Tammy Silvey
    New Home Specialist, Inverness Homes
    Springboro, Ohio



    Tort Elvis



    Tracy Barber
    retired
    High Point, North Carolina

    Contact



    Vickie Thumann
    Splendora, Texas



    Jennifer Luzzi
    Realtor, Keller Williams Realty, Inc.
    Lake Havasu City, Arizona

    Contact



    Debbie Romeo
    Licensed Real Estate Salesperson, Coldwell Banker DiTommaso Realty
    Staten Island, New York
    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

  10. #560
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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


  11. #561
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    Sue Seeberger writes:
    Memorandum in Opposition to Plaintiff's Motion to Strike Third-party Complaint.pdf
    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:

    Second Amended Complaint of Don Allen Holbrook LLC.pdf

    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

  12. #562
    fjjm303 is offline Senior Member
    Join Date
    Apr 2012
    Posts
    105

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

    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

  13. #563
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    Memorandum in Opposition to Plaintiff's Motion to Strike Third-party Complaint.pdf
    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 (no mention of Holbrook)

    EMCID may lose millions unless dino-project built - Tuesday, January 24, 2012 - Copyright 2007 Ourtribune.com (no mention of Holbrook)

    Court gives EarthQuest developer time to raise money, save project - Tuesday, February 07, 2012 - Copyright 2007 Ourtribune.com

    A Disneyland for gun lovers - Monday, February 20, 2012 - Copyright 2007 Ourtribune.com

    Where's the money? - Tuesday, February 21, 2012 - Copyright 2007 Ourtribune.com (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-alle...e-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:
    Don Allen Holbrook vs. Dobrott Motion to Dismiss.pdf
    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 directs to an article that was published May 4, 2012
     “http://www.topix.com/wire/city/huber-heights-oh” 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” links to an article that was published on May 3, 2012.
     “Discussion about the New Caney Dino Park - Houston Dinosaur Park 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 links to a discussion forum in which the earliest entry was published on March 29, 2012.
    Soapboxmom

  14. #564
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    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!

    captain_obvious.jpg

  15. #565
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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

    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?

  16. #566
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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

    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!"

  17. #567
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    Don Allen Holbrook brags on LinkedIn:
    Interim President & CEO (acting on pro-bono basis currently)

    The EarthQuest Institute



    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

  18. #568
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    Sue Seeberger courtroom experience:
    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 1993
    Record Count: 1
    Case Status Case Action File Date
    1993 CV 04488 OPEN ALL OTHERS 29-DEC-93

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 1996
    Record Count: 1
    Case Status Case Action File Date
    1996 CV 04476 CLOSED MORTGAGE FORECLOSURE 28-OCT-96

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 1997
    Record Count: 5
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 1998
    Record Count: 9
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 1999
    Record Count: 3
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2000
    Record Count: 10
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2001
    Record Count: 7
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2002
    Record Count: 9
    Case Status Case Action File Date
    2002 CV 07232 CLOSED 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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2003
    Record Count: 4
    Case Status Case Action File Date
    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


    Home
    Hit List
    Case Info.
    Atty Search
    Atty Case HitList



    Gregory A. Brush
    Montgomery County
    Clerk Of Courts
    General Search

    Attorney Search

    Last Name:
    First Name:
    SEARCH


    CLEAR FILTER CRITERA




    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2004
    Record Count: 1
    Case Status Case Action File Date
    CA 020390 CLOSED NOTICE OF APPEAL FILED 26-FEB-04

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2005
    Record Count: 7
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2006
    Record Count: 10
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2007
    Record Count: 5
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2008
    Record Count: 8
    Case Status Case Action File Date
    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 CLOSED DIVORCE WITHOUT CHILDREN 08-APR-08
    2008 CV 10162 CLOSED OTHER TORT 12-NOV-08

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2009
    Record Count: 4
    Case Status Case Action File Date
    2009 CV 08051 CLOSED INJUNCTION 01-OCT-09
    2009 CV 08384 CLOSED INJUNCTION 15-OCT-09
    2009 CV 02709 CLOSED MORTGAGE FORECLOSURE 02-APR-09
    2009 CV 02971 CLOSED MORTGAGE FORECLOSURE 13-APR-09

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2010
    Record Count: 3
    Case Status Case Action File Date
    2010 CV 01063 CLOSED 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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2011
    Record Count: 5
    Case Status Case Action File Date
    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

    SEARCH PARAMETERS
    Attorney: SUE SEEBERGER
    Case Code: ALL
    Status Code: ALL
    Year: 2012
    Record Count: 5
    Case Status Case Action File Date
    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

  19. #569
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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



    economicdeveloper

    ~ Moving Beyond a Fragile Economy!


    Search:


    The First Amendment in the age of the Internet

    08 Tuesday May 2012
    Posted by economicdeveloper in The Dark Side of Social Media & the Internet, Vicious bloggers

    Tags
    CAVE people, character assassination, cyber stalking, defamation, economic damage, emotional distress, inappropriate blogging, intellectual property theft, interfering with economic livelihood, legal actions against bloggers, libel, professional attacks, slander, social media, social media character assassinations, social media junkies, social media malice, The Dark Side of Social Media and the Internet, Unconscious incompetents, uninformed experts, 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
    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!

  20. #570
    littleroundman is offline Administrator
    Join Date
    Jun 2010
    Posts
    18,323

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

    Quote Originally Posted by economicdeveloper
    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"
    The only thing necessary for the triumph of evil is for good men to do nothing

  21. #571
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    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

  22. #572
    pantherdadX2 is offline Senior Member
    Join Date
    May 2012
    Posts
    443
    Blog Entries
    1

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

    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

  23. #573
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    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

  24. #574
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    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.


    Like I said, I didn't loan this thing out!

    Soapboxmom

  25. #575
    Soapboxmom's Avatar
    Soapboxmom is offline Administrator
    Join Date
    Jun 2010
    Location
    Mars
    Posts
    8,136
    Blog Entries
    3

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

    Holbrook is rambling on Amazon:
    Last edited by the author on Jul 12, 2012 3:13:04 PM PDT Don Allen Holbrook says:
    The Next America: moving beyond a fragile economy
    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 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

Page 23 of 61 FirstFirst ... 13212223242533 ... LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42