Proposed Notice of Pendency of Class Action – Kimkins
This is NOT an official notice regarding Kimkins. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.
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Class Certification GRANTED! Expert Kimmer REMOVED! Woohoo
Finally, as we approach the 2 year anniversery of the Kimkins scam, today was a big victory for the ducks as Class Certification has been granted. In addition, Live Person – a site dedicated to providing live expert advice has removed Heidi Diaz from their list of experts.
What now?
There are still some more details that need to be hashed out at the Riverside court house, but if nothing else we have proven we have a real case and a certified class.
Members on the list of 40,000 will all need to be contacted, meaning someone will be requested to offer up some information we have been unable to access.
The current state of assets of Kimkins.con are unclear at this time. While a summary judgement request is expected we can only wonder if the amount can really be covered. Of course, there are other tactics that will probably be considered by the defendant – but these will only further exhaust what ever funds may be left. If someone is smart, they will cut their losses now and get while the gettin is good.
There is a saying from anyone who has worked for the government. “Hurry up and wait.”
The next court case hearing appointment that is currently scheduled is for June 8th. While I’m anxious to see things moving again, at least we can now be certain they are moving in the right direction.
Share this Post[?] Bankruptcy Case Filed By Heidi Diaz is Dismissed
Things have been quiet for a while on the home front of the case against Kimkins.con.
Just when it looked like we were making progress, and we got permission to go forward with the lawsuit, Heidi Diaz aka Kimmer filed for bankruptcy. This particular act put a hold on our case, and pretty much put things at a dead stop. A thread that was buzzing daily with updates and activity all but fell off the web. The ghosts in the morgue were louder than the Fascination at LCF.
This was not the first time Ms. Diaz has filed for bankruptcy, and I have a feeling it won’t be the last. The only difference this time was her inability to stake her claim. It will be another 6 months before she can try the claim again.
The reason behind the choice to dismiss this particular filing is unclear at this time, but one could speculate that Kimmer was not ready to really reveal the truth behind all her assets. It could also be speculated that this is not be the first time Kimmer tried hiding her assets. Of course, I come to this idea from the past attempts for Heidi Diaz to hide her true identity.
I will be anxious to see the schedule of up and coming events. I would like to ask the Riverside Court house in California to please install the Red Bat Phone, and call John Tiedt with any cancellations or openings so we can just get back to business.
A special thank you to John Tiedt and Scott Clarkson for their persistence and dedication to justice.
Share this Post[?] Quacks Get Their Quash! Kimkins Won’t be Slapping Us
I have to agree with Prudentia, it is a wonderful day in the neighborhood.
All seven of our motions to quash were granted today. Heidi lost. Heidi’s new attorney showed up today and tried to get the court to continue the matter but the judge emphatically denied that request. The court decided to hear all 7 since Mr. Peabody showed up.
The frivilous SLAPP suit has been dropped on what I currently understand is the lack of jurisdiction. I myself live far from Corona and would have been greatly inconvenienced to drop everything and go – so I would like to thank the Seven Lucky Ducks who were able to provide John Tiedt with the necessary means to bring this silly suit to an end quickly.
And thank you John! Now we can spend our precious time on more serious matters like our Class Action Lawsuit.
Share this Post[?] Goodbye Mr. Cottle?
I awoke to some news this morning. Looks like Mr. Cottle has been removed from representing Heidi Diaz in the Class Action Lawsuit against Kimkins.con. It is unclear at this time if Cottle left on his own accord, or if he was perhaps fired. I’d love to hear his side of the story. I really would.
I’m not sure what the rules are as far as attourney client priviledges, but I’m guessing he will be unable to reveal any insight or secrets he has. Unfortunately for Mr. Cottle, he is still responsible for any court actions he accrued while in the employ of Kimmer. Anything he filed that may be considered a waste of the courts time is not beyond scrutiny just because he is no longer involved. His past may come back to haunt him.
So, the big question now is what will Heidi do? Will she seek out new representation? Will anyone take the case? Will she try to defend herself? Can a simple housewife from Corona California handle John Tiedt and save her defunct diet site that was built on fraud?
It is my current understanding that because of the type of case this is, no one is required to represent Ms. Diaz. I’m anxious to see where all of this goes, and perhaps we will get some answers in January during the next appointment.
Share this Post[?] Heidi, Are You Sleeping?
CBS ’s 60 Minutes had a show on last night about the importance of sleep. Apparently lack of sleep can increase your hunger levels, cause sugars not to be used properly, and eventually contribute to diabetes.
I always wondered if Heidi got any sleep. It seemed as though she was Read more
Share this Post[?] John Tiedt, We Love You!
John Tiedt our lawyer was kind enough to give us a tidy summary of what he could on the Kimkins lawsuit.
I spent the evening reading from the deposition download. You’d think I wouldn’t be shocked Read more
Share this Post[?] Smoke This
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