| reply to HMS1
Thought you might like to read the complaint. Todd.
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
TODD J. HOLLIS, ) CIVIL DIVISION
)
Plaintiff, ) No.: GD 06-12677
)
vs. ) Code: 008
)
)
TASHA C. JOSEPH, individually, ) COMPLAINT IN
and as owner and operator of ) CIVIL ACTION
DONTDATEHIMGIRL.COM, )
EMPRESS MOTION PICTURES, )
doing business as THE CAVELLE )
COMPANY, INC., CAROLYN )
MERITT LATTIMORE, ALESIA )
ROSKOV, ANNA DOE, )
BARBARA DOE, CATHERINE DOE, )
DEBORAH DOE, and EMILY DOE, )
)
Defendants. )
) Filed on behalf of Plaintiff:
) Todd J. Hollis
)
) Counsel of Record for
) the Plaintiff:
)
) John R. Orie, Jr., Esquire
) Pa. I.D. #21972
)
) ORIE & ZIVIC
) Firm No. 463
) 25th Floor Lawyers Building
) Pittsburgh PA 15219
) (412) 281-3180
) (412) 232-0813 facsimile
) law@oriezivic.com
)
) A JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
TODD J. HOLLIS, ) CIVIL DIVISION
)
Plaintiff, ) No.: GD 06-12677
)
vs. ) Code: 008
)
TASHA C. JOSEPH, individually, )
and as owner and operator of )
DONTDATEHIMGIRL.COM, )
EMPRESS MOTION PICTURES, )
doing business as THE CAVELLE )
COMPANY, INC., CAROLYN )
MERITT LATTIMORE, ALESIA )
ROSKOV, ANNA DOE, )
BARBARA DOE, CATHERINE DOE, )
DEBORAH DOE, and EMILY DOE, )
)
Defendants. )
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICES
ALLEGHENY COUNTY BAR ASSOCIATION
920 CITY-COUNTY BUILDING
PITTSBURGH, PA 15219
PHONE: 412-261-0518
IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
TODD J. HOLLIS, ) CIVIL DIVISION
)
Plaintiff, ) No.: GD 06-12677
)
vs. ) Code: 008
)
)
TASHA C. JOSEPH, individually, ) COMPLAINT IN
and as owner and operator of ) CIVIL ACTION
DONTDATEHIMGIRL.COM, )
EMPRESS MOTION PICTURES, )
doing business as THE CAVELLE )
COMPANY, INC., CAROLYN )
MERITT LATTIMORE, ALESIA )
ROSKOV, ANNA DOE, )
BARBARA DOE, CATHERINE DOE, )
DEBORAH DOE, and EMILY DOE, )
)
Defendants. )
COMPLAINT IN CIVIL ACTION
AND NOW, the Plaintiff, Todd J. Hollis, by his attorneys, John R. Orie, Jr., Esquire and the law firm of Orie & Zivic, files the within Complaint in Civil Action:
The Parties:
1. The Plaintiff is Todd J. Hollis (Hollis), an adult individual residing at 715 N. Negley Avenue, Pittsburgh, Allegheny County, Pennsylvania 15206.
2. The Defendant, Tasha C. Joseph (Joseph), is an adult individual who maintains an address at 771 N.W. 48th Street, Miami, Florida 33127. Joseph is being sued individually and as the owner and operator of a website known as dontdatehimgirl.com located on the worldwide Internet.
3. The Defendant, Empress Motion Pictures, d/b/a the Cavelle Company, Inc. (Cavelle), is a Florida Corporation with offices at 771 N.W. 48th Street, Miami, Florida 33127. Cavelle is the “Registrant” for the domain name of dontdatehimgirl.com.
4. Defendant Joseph is the Registered Agent and an officer and director of Defendant Cavelle.
5. The Defendant, Anna A. Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
6. The Defendant, Barbara Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
7. The Defendant, Catherine Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
8. The Defendant, Deborah Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
9. The Defendant, Emily Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
Background:
10. Defendant Joseph is the founder, owner and operator of dontdatehimgirl.com, a website located on the worldwide Internet.
11. Joseph describes her website as the “most hated cheaters list” for men, and has likened it to the “FBI’s most wanted list.” According to Joseph: “Any woman out there can post a picture and profile of a guy who’s cheated on them and it goes into a massive search engine.”
12. The dontdatehimgirl.com website currently contains “profiles” of more than 1,000 men, and receives more than 100 new submissions per day, according to Joseph. The website averages more than 200,000 visitors per day, and is growing.
13. The dontdatehimgirl.com website permits women to make anonymous postings about men who have allegedly “cheated on them.” Joseph candidly admits that the website does nothing to independently verify the information posted by the anonymous posters.
The defamatory postings:
14. The Plaintiff, Hollis, is a well-known and highly respected criminal defense attorney who practices in the greater Pittsburgh area.
15. Hollis has handled a number of high-profile cases in the local area and has also performed significant work in his local community. Hollis’ good reputation is essential to his occupation.
16. Hollis has an excellent reputation for honesty and integrity in both his business and personal affairs.
17. On or about May 24, 2006, the dontdatehimgirl.com website published an alleged “profile” concerning Hollis.
18. The “profile” was submitted by an anonymous poster, and included a picture of Hollis. Among other things, the “profile” falsely accused Hollis of having multiple children. The “profile” also falsely accused Hollis of having herpes. A true and correct copy of the “profile” is attached hereto as Exhibit “A.”
19. In accordance with its customary practice, the dontdatehimgirl.com website did nothing to independently verify the information contained in the profile, and in fact it was false.
20. Upon learning of the posting, Hollis requested Defendant Joseph to remove it from the website. Joseph refused.
21. On or about _________, 2006, the dontdatehimgirl.com website published a second “profile” concerning Hollis.
22. Again, the “profile” was submitted by an anonymous poster, and included a picture of Hollis. Among other things, the “profile” falsely asserted that Hollis “gave me an STD.” A true and correct copy of the “profile” is attached hereto as Exhibit “B.”
23. In accordance with its customary practice, the dontdatehimgirl.com website did nothing to independently verify the information contained in the profile, and in fact it was false.
Count I
Hollis v. Joseph
24. Plaintiff hereby incorporates paragraphs 1 through 23 above as if set forth in their entirety.
25. As the owner and operator of the dontdatehimgirl.com website, Joseph is responsible for the information contained on her website.
26. As set forth above, Joseph published false and defamatory statements regarding Hollis.
27. Among other things Joseph falsely stated that:
A. Hollis has multiple children;
B. Hollis has herpes; and
C. Hollis had transmitted an STD to an anonymous poster.
28. These statements constituted “defamation per se” under Pennsylvania law.
29. Joseph published the defamatory statements with knowledge of the falsity of the statements and/or with reckless disregard as to the truth of the statements.
30. Joseph failed to properly investigate the subject matter of the defamatory statements prior to publishing them.
31. By publishing defamatory statements with knowledge of their falsity or with reckless disregard as to their truth, Joseph acted with actual malice.
32. Joseph abused any and all conditional privileges which she might have been entitled to assert, by failing to use reasonable care and diligence to ascertain the truth, before publishing the false communications and by acting with actual malice.
33. As a direct and proximate result of Joseph’s conduct, Hollis has suffered embarrassment, humiliation and emotional distress which may be permanent in nature.
34. As a direct and proximate result of Joseph’s conduct, Hollis has suffered damage to his reputation, which may be permanent in nature.
35. As a direct and proximate result of Joseph’s conduct, Hollis’ earning capacity has been impaired and/or may be impaired in the future.
36. Joseph has intentionally and maliciously defamed Hollis. Such conduct was extreme and outrageous in character, entitling Hollis to punitive damages.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of the Plaintiff and against Defendant for compensatory damages in excess of $50,000.00, as well as for punitive damages, interest and costs of suit.
Count II
Hollis v. Cavelle
37. Plaintiff hereby incorporates paragraphs 1 through 36 above as if set forth in their entirety.
38. As set forth above, Cavelle is the“Registrant” for the domain name of dontdatehimgirl.com. As such, Cavelle is responsible for the information contained on the website.
39. As set forth above, Cavelle published false and defamatory statements regarding Hollis.
40. Among other things Cavelle falsely stated that:
A. Hollis has multiple children;
B. Hollis has herpes; and
C. Hollis had transmitted an STD to an anonymous poster.
41. These statements constituted “defamation per se” under Pennsylvania law.
42. Cavelle published the defamatory statements with knowledge of the falsity of the statements and/or with reckless disregard as to the truth of the statements.
43. Cavelle failed to properly investigate the subject matter of the defamatory statements prior to publishing them.
44. By publishing defamatory statements with knowledge of their falsity or with reckless disregard as to their truth, Cavelle acted with actual malice.
45. Cavelle abused any and all conditional privileges which it might have been entitled to assert, by failing to use reasonable care and diligence to ascertain the truth, before publishing the false communications and by acting with actual malice.
46. As a direct and proximate result of Cavelle’s conduct, Hollis has suffered embarrassment, humiliation and emotional distress which may be permanent in nature.
47. As a direct and proximate result of Cavelle’s conduct, Hollis has suffered damage to his reputation, which may be permanent in nature.
48. As a direct and proximate result of Cavelle’s conduct, Hollis’ earning capacity has been impaired and/or may be impaired in the future.
49. Cavelle has intentionally and maliciously defamed Hollis. Such conduct was extreme and outrageous in character, entitling Hollis to punitive damages.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of the Plaintiff and against Defendant for compensatory damages in excess of $50,000.00, as well as for punitive damages, interest and costs of suit.
Count III
Hollis v. Anna A. Doe
50. Plaintiff hereby incorporates paragraphs 1 through 49 above as if set forth in their entirety.
51. The Defendant, Anna A. Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
52. Hollis intends to learn the identity of Doe during discovery in this case.
53. As set forth above, Doe published false and defamatory statements regarding Hollis.
54. Among other things Doe falsely stated that:
A. Hollis has multiple children; and
B. Hollis has herpes.
55. These statements constituted “defamation per se” under Pennsylvania law.
56. Doe published the defamatory statements with knowledge of the falsity of the statements and/or with reckless disregard as to the truth of the statements.
57. Doe failed to properly investigate the subject matter of the defamatory statements prior to publishing them.
58. By publishing defamatory statements with knowledge of their falsity or with reckless disregard as to their truth, Doe acted with actual malice.
59. Doe abused any and all conditional privileges which she might have been entitled to assert, by failing to use reasonable care and diligence to ascertain the truth, before publishing the false communications and by acting with actual malice.
60. As a direct and proximate result of Doe’s conduct, Hollis has suffered embarrassment, humiliation and emotional distress which may be permanent in nature.
61. As a direct and proximate result of Doe’s conduct, Hollis has suffered damage to his reputation, which may be permanent in nature.
62. As a direct and proximate result of Doe’s conduct, Hollis’ earning capacity has been impaired and/or may be impaired in the future.
63. Doe has intentionally and maliciously defamed Hollis. Such conduct was extreme and outrageous in character, entitling Hollis to punitive damages.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of the Plaintiff and against Defendant for compensatory damages in excess of $50,000.00, as well as for punitive damages, interest and costs of suit.
Count IV
Hollis v. Barbara Doe
64. Plaintiff hereby incorporates paragraphs 1 through 63 above as if set forth in their entirety.
65. The Defendant, Barbara Doe (Doe), is an as-yet unknown individual who made anonymous postings on the dontdatehimgirl.com. website.
66. Hollis intends to learn the identity of Doe during discovery in this case.
67. As set forth above, Doe published false and defamatory statements regarding Hollis.
68. Among other things Doe falsely stated that Hollis gave her an STD.
69. These statements constituted “defamation per se” under Pennsylvania law.
70. Doe published the defamatory statements with knowledge of the falsity of the statements.
71. By publishing defamatory statements with knowledge of their falsity or with reckless disregard as to their truth, Doe acted with actual malice.
72. As a direct and proximate result of Doe’s conduct, Hollis has suffered embarrassment, humiliation and emotional distress which may be permanent in nature.
73. As a direct and proximate result of Doe’s conduct, Hollis has suffered damage to his reputation, which may be permanent in nature.
74. As a direct and proximate result of Doe’s conduct, Hollis’ earning capacity has been impaired and/or may be impaired in the future.
75. Doe has intentionally and maliciously defamed Hollis. Such conduct was extreme and outrageous in character, entitling Hollis to punitive damages.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of the Plaintiff and against Defendant for compensatory damages in excess of $50,000.00, as well as for punitive damages, interest and costs of suit.
Count V
Hollis v. Catherine Doe, Deborah Doe and Emily Doe
76. Plaintiff hereby incorporates paragraphs 1 through 75 above as if set forth in their entirety.
77. Hollis believes and therefore avers that other unknown individuals may have posted false information about him on the dontdatehimgirl.com website.
78. Accordingly, Hollis reserves the right to amend his Complaint in the event that he learns the identity of any such individuals during discovery.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of the Plaintiff and against Defendants for compensatory damages in excess of $50,000.00, as well as for punitive damages, interest and costs of suit.
A JURY TRIAL DEMANDED
Respectfully submitted,
ORIE & ZIVIC
By: DRAFT
John R. Orie, Jr., Esquire
Counsel for Plaintiff
PA I.D. No. 21972
2500 Lawyers Building
Pittsburgh PA 15219
(412) 281-3180
(412) 232-0813 facsimile
law@oriezivic.com
PROOF OF SERVICE
I, John R. Orie, Jr., Esquire, of the law firm of Orie & Zivic, hereby certify that the within Complaint in Civil Action was served this day of June, 2006 on all interested parties via U.S. First Class Mail, and addressed as follows:
Robert L. Byer, Esquire
Duane Morris LLP
600 Grant Street, Suite 5010
Pittsburgh, PA 15219
Counsel for Defendants
John R. Orie, Jr., Esquire |
