Ziasun Seeks To Hold Floyd Schneider in Contempt of Court in Cybersmear Suit
On August 25, attorneys for ZiaSun Technologies, Inc. filed a Notice of Motion and Motion for Contempt of Court Order against defendant Floyd D. Schneider in ZiaSun Technologies, Inc., a Nevada corporation and Anthony L. Tobin, Plaintiffs, v. Floyd D. Schneider aka "Floydie," Stephen N. Worthington AKA "Auric Goldfinger," Tom Livia AKA "RealMoney," Paul Harary AKA "Trader 4U," Mike Morelock AKA "CM Burns," Defendant John or Jane Doe 1 AKA "JJS64," Defendant John or Jane Doe 2 AKA "Gus Sideris," Defendant John or Jane Doe 3 AKA "Alpine Sleuth," Defendants, Case No. C 00-1612 PJH (N.D. Cal., Hon. Phyllis J. Hamilton) (originally filed in the United States District Court for the Western District of Washington). In January of this year, ZiaSun successfully moved the United States District Court for the Western District of Washington for an order granting a preliminary injunction against Floyd Schneider and the Court granted a preliminary injunction on January 21, 2000. The order enjoined defendant Schneider from publishing or electronically posting false statements alleging criminal activities or fraudulent or dishonest conduct by ZiaSun and its officers and employees. The order further enjoined him from publishing or electronically posting false statements regarding government investigations into the activities of ZiaSun and its officers and employees or implying undisclosed facts about criminal or fraudulent actions by, or government investigations into, the activities of ZiaSun and its officers and employees. On October 4, the Court will conduct a hearing at 9:00 a.m. to consider plaintiffs' motion. Plaintiffs assert the following in their motion papers:
In the last month, defendant Schneider - posting under various names - has accused ZiaSun of fraud, lying to and deceiving investors, publishing fraudulent information to promote the company, engaging in aggressive and unethical "boiler room" stock sales, retaining "fraudulent promoter[s]" to sell the company to investors, acting as "pirates" making off with investors' "booty," and manipulating information relating to the company in order to sell stock. . . .
Floyd Schneider is not taking it lying down, In a post to the SiliconInvestor.com Investment Chat Board Lawsuits message board, "The Truthseeker" says "Why ZSUN should take exception to my post regarding its Q2 results in which I stated that this was 'yet another attempt by ZiaSun to mislead and deceive the investment community' and 'conceal the poor second quarter results' is beyond me. Armed with printouts of quarterly earnings press releases issued by reputable companies, ZSUN's unorthodox press release and the company's financial statements, I look forward to my day in court!"
See:
For a copy of the text of the Notice of Motion and Motion for Contempt of Court Order, see 8/25/00 - [ZSUN] Notice of Motion and Motion for Contempt of Court Order, SiliconInvestor.com Investment Chat Board Lawsuits message board Reply #668 (Aug. 25, 2000). For a copy of a responsive posting authored by "TheTruthseeker", see "To: Jeffrey S. Mitchell who wrote (668) From TheTruthseeker", SiliconInvestor.com Investment Chat Board Lawsuits message board Reply #673 (Aug. 26, 2000).
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