LXIX.
That Defendants, each and all of them, wrongfully published the aforesaid, and incorporated herein, defamatory statements to unprivileged third parties, and that those defamatory statements include, without limitation, that Plaintiff Amazon was engaged in dishonest, fraudulent, unlawful, and criminal acts in the context of its business operations. Defendants, each and all of them, made these defamatory statements with the intent and import that such statements were assertions of facts and not merely opinion. Therefore, the defamatory statements of Defendants, each and all of them, are libelous per se.
LXX.
That Defendants, each and all of them, made the foregoing defamatory and libelous statements against Plaintiff Amazon with scienter and foreknowledge of their falsity. Defendants, each and all of them, also made these defamatory and libelous statements with reckless disregard for the truth or falsity thereof.
LXXI.
That Defendants, each and all of them, made the foregoing defamatory and libelous statements with malice, malicious intent, and with intent to injure, harm, and cause loss to Plaintiff Amazon, including but not limited to:
monetary loss
loss of product sales and the profits therefrom
loss of product reputation of Amazon?s sugar substitute "Nature?s Taste"
loss of general business reputation and good will
loss of market share for its products, and business opportunity
loss of investor confidence in the merit of purchasing Amazon?s common stock
loss of current Amazon shareholders? willingness to maintain their position in Amazon?s common stock
loss of business reputation with retail sellers of Amazon?s products, including "Nature?s Taste"
loss of investment capital
loss of operating capital
loss of the price per share of Amazon?s common stock, which had declined by approximately 95% and,
destruction of Plaintiff?s business.
LXXII.
Plaintiff restates, re-alleges, and incorporates by reference the allegations contained in paragraphs I through LXXXI inclusive, as specifically set forth and made a part hereof.
LXXIII.
That Defendants, each and all of them, acted in concert with each and all of the other Defendants, to conspire and to enact a plan which included the making and publication of defamatory and libelous statements against Plaintiff Amazon, as alleged in the Complaint herein.
LXXIV.
That Defendants, each and all of them, so conspired with malice and intent to harm Amazon, and to cause:
monetary loss to Amazon,
destruction of business,
loss of good will,
loss of general business reputation,
loss of product sales,
loss of profits,
loss of product reputation for "Nature?s Taste" sugar substitute,
loss of market share for its product line,
loss of investor confidence in the merit of purchasing Amazon?s common stock
loss of current Amazon shareholders? willingness to maintain their position in Amazon?s common stock,
loss of business reputation with retail sellers of Amazon?s product line, including "Nature?s Taste",
loss of investment capital,
loss of operating capital, and
(14) stock, which had declined by approximately 95%.
LXXV.
That Defendant Silicon Investor, as a matter of published policy, regularly reviews, edits, and decides to include, and/or omits any and all material submitted for publication on their Internet Website accessed at siliconinvestor.com.
LXXVI.
That Plaintiff is informed and believes and thereon alleges that Defendant, Silicon Investor, its employees, and/or agents had its own experts review for merit of publication all of the letters, statements, articles, and other communications submitted by Defendants Shell, Doumont, Pauly, Mitchell, DeMonte, DeMonte Associates, and John Doe No. 1 a/k/a Carl W. Silicon Investor obtained full knowledge of the content and import of all the aforementioned communications. Silicon Investor knew that the statements contained in these communications were false, defamatory, and libelous per se and yet allowed and condoned same t be published.
LXXVII.
That despite the fact that Silicon Investor was knowledgeable concerning the falsity of the aforementioned defamatory and libelous statements of Defendants Shell, Doumont, Pauly, Mitchell, DeMonte, DeMonte Associates, and John Doe No. 1 a/k/a CarlW, nevertheless, with scienter, malice, and reckless disregard for the truth or falsity thereof, Defendant Silicon Investor authorized and approved of and enacted the publication of the aforementioned defamatory and libelous statements, to unprivileged third parties, including the public who access their Internet website.
LXXVIII.
That Plaintiff is informed and believes and thereon alleges that Defendant, Raging Bull, its employees, and agents had its own experts review for merit of publication all of the letters, statements, articles, and other communications submitted by Defendants Shell, Doumont, Pauly, Mitchell, DeMonte, DeMonte Associates, and John Doe No. 1 a/k/a Carl W. Raging Bull obtained fully knowledge of the content and import of all the aforementioned communications. Raging Bull knew that the statements contained in these communications were false, defamatory, and libelous per se.
LXXIX.
That despite the fact that Raging Bull was knowledgeable concerning the falsity of the aforementioned defamatory and libelous statements of Defendants Shell, Doumont, Pauly, Mitchell, DeMonte, DeMonte Associates, and John Doe No. 1 a/k/a CarlW, nevertheless, with scienter, malice, and reckless disregard for the truth or falsity thereof, Defendant Raging Bull authorized and approved of and enacted the publication of the aforementioned defamatory and libelous statements, to unprivileged third parties, including the public who access their Internet website.
LXXX.
That Defendant Silicon Investor also aided and abetted the defamation and libel committed by Defendants Shell, Doumont, Pauly, Mitchell, DeMonte, DeMonte Associates, and John Doe No. 1 a/k/a CarlW, by cooperating with the above-named Defendants in the publication of their defamatory and libelous statements against Plaintiff Amazon. Defendant Silicon Investor aided and abetted the defamation and libel committed by the Defendants, above-named, with scieter, and with reckless disregard for the truth or falsity of the aforementioned defamatory and libelous statements.
LXXXI.
That Defendant Raging Bull so aided and abetted the defamation and libel committed by Defendants Shell, Doumont, Pauly, Mitchell, DeMonte, DeMonte Associates, and John Doe No. 1 a/k/a CarlW, by cooperating with the above-named Defendants in the publication of their defamatory and libelous statements against Plaintiff Amazon. Defendant Raging Bull aided and abetted the defamation and libel committed by the Defendants, above-named, with scienter, and with reckless disregard for the truth or falsity of the aforementioned defamatory and libelous statements.
LXXXII.
THIRD CAUSE OF ACTION
TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS
Plaintiff restates, re-alleges and incorporates by reference the allegations contained in paragraph I through LXXXI, inclusive, as specifically set forth and made a part hereof.
LXXXIII.
Defendants, each and all of them, improperly and without privilege, acted to interfere with Plaintiff Amazon?s business relations. Those business relations include, without limitation, relations with stock holders and retail stores who were listed on Amazon?s Internet Website, accessed at www.amazon-treasures.com <http://www.amazon-treasures.com/>.
LXXXIV.
Beginning on or about December 1, 1999, Defendants, each and all of them, made telephone calls to retail stores which offered for sale, and/or were contemplating offering for sale, Amazon products including Nature?s Taste sugar substitute. The purpose of one or all of Defendants calls was to persuade those retail store managers or employees to refrain from marketing Amazon products and/or to cease marketing Amazon products. The substance of those calls included defamatory statements against the quality and content of Amazon?s products, including its herbal supplements and Nature?s Taste.
LXXXV.
Defendants, each and all of them, so acted with malice and with the intent to injure Plaintiff Amazon. Defendants acted thus purposely to interfere tortuously with Plaintiff?s business relationships, hoping to destroy Plaintiff?s business reputation, product reputation, business opportunity, sales volume, and market share. Defendants, each and all of them, never had privilege to interfere in any way with Plaintiff?s business relationships.
LXXXVI.
Defendants acts of tortious interference in Plaintiff?s business relationships has caused monetary loss to Plaintiff in an amount in excess of $75,000.00.
LXXXVII.
Defendants, each and all of them, committed the aforesaid tortious acts improperly and without privilege. Defendants so acted with malice, purposely, and with intent to cause injury to Plaintiff Amazon. Defendant?s so acted in active concert, each with the others, in unity of purpose and will for an unlawful common goal. Defendants acts tortuously interfered with the business relations between Amazon and retail sellers of Nature?s Taste, including those retail sellers listed on Amazon?s Internet Website. All the Defendants, each and all of them, are strangers to Plaintiff?s business relationships, and have no privity.
LXXXVIII.
The acts of tortious interference with Plaintiff?s business relations, committed by Defendants, each and all of them, have caused to Plaintiff financial injury and monetary loss in an amount in excess of $75,000.00.
LXXXIX.
Defendants, each and all of them, improperly and without privilege, acted in other ways to interfere with Plaintiff Amazon?s business relations with shareholders of Amazon stock. These Defendants, and all of them, perpetrated by publishing false statements to unprivileged third parties, concerning Amazon, Amazon products, and Amazon stock. These false statements were designed and intended by Defendants to cause interference in Plaintiff?s relations with its stockholders of record. Defendant?s committed these acts of tortious interference, despite the fact that all Defendants are strangers to Amazon?s business relationships with its stockholders, and Defendants have no privity.
CL.
Defendants, each and all of them, committed the aforesaid acts of tortious interference with malice, and with the purpose and intent of inducing third parties to refrain from entering a business relationship with Plaintiff and/or to induce current stockholders to cease from continuing a business relationship with Plaintiff. In this way, Defendants so acted with the intent to injure Plaintiff by causing Amazon to lose stockholders and/or business relationships, to suffer a drastic decline in the price of Amazon stock, and to suffer monetary loss.
XCI.
Defendants acts of tortious interference with Plaintiff?s business relations with its stockholders, has caused Plaintiff to suffer monetary loss in an amount in excess of $75,000.00.
XCII.
Reference the allegations contained in paragraphs I
Through XCI inclusive, as specifically set forth and made a part hereof.
XCIII.
Defendants, each and all of them, improperly and without privilege, acted to tortuously interfere with Plaintiff?s contractual relations. Those contracts of Plaintiff, include, then-existing and currently-existing contracts with retail sellers of Amazon Natural Treasures nutritional supplements and Amazon?s sugar substitute Nature?s Taste, as well as contracts with shareholders of Amazon stock.
XCIV.
The tortious acts of interference, alleged by Plaintiff in paragraphs XCIII through CL above, inclusive, Plaintiff restates here, and incorporated by reference herein, in that those same acts also interfered with Plaintiff?s business contracts.
XCV.
Defendants, each and all of them, committed the aforesaid acts of tortious interference with contracts, with malice, and with the purpose and intent of inducing third parties to refrain from signing contracts with Amazon for the sale and marketing of Amazon?s nutritional supplements and Nature?s Taste, and/or to break existing contracts which Amazon has for the marketing and sale of its products. Defendants so interfered with said existing contracts, despite the fact that Defendants, each and all of them, were strangers to the contracts, and without privity.
XCVI.
Defendants, each and all of them, committed the aforesaid acts of tortious interference with contracts, with malice, and with the purpose and intent of inducing third parties to refrain from entering contracts and subscription agreements for the purchase of Amazon stock, and/or to sell and dispose of their current position in Amazon stock. Defendants committed said tortious act, despite the fact that Defendants, each and all of them, were strangers to the contracts, and without privity.
XCVII.
Defendants, each and all of them, so acted with the intent to injure Plaintiff by causing Amazon to lose stockholders, to suffer a drastic decline in the price of Amazon stock, and to suffer monetary loss.
XCVIII.
Defendants acts of tortious interference in Plaintiff?s business contracts with retailers and stockholders, and prospective ones, has caused monetary loss to Plaintiff in an amount in excess of $75,000.00.
XCIX.
Plaintiff has been required to obtain the services of legal counsel to pursue this action and is entitled to and expressly requests to the Court that they be awarded reasonable attorney fees incurred in these proceedings.
XCX.
Because the aforesaid acts of defamation, libel, tortious interference?s, and conspiracy to commit the same, were tortious and malicious. Plaintiff may be awarded punitive damages pursuant to FRCP 9(g). Teel v.United Technologies Pratt & Whitney, 953 F. Supp. 1534, at 1537 (S.D. Fla. 1997).
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
FIRST CAUSE OF ACTION:
That the Court find that Defendants, all of them above-named, have committed acts of defamation and libel, and that numerous statements of Defendants are libelous per se; that Defendants, each and all of them, committed said acts and made defamatory and libelous statements against Plaintiff, with malice, scienter, reckless disregard for the truth or falsity thereof, and with malicious intent to cause harm to Plaintiff; and that the defamatory and libelous statements of Defendants, each and all of them, caused monetary loss and other harm to Plaintiff, and therefore award the following damages to wit:
Compensatory damages in excess of $75,000.00;
Attorneys fees and costs of suit;
Punitive damages; and
For other such relief as the Court deems proper in the premises.
SECOND CAUSE OF ACTION:
That the Court find that the Defendants, each and all of them, have conspired together, and in active cooperation, concert, harmony of purpose and interests, each with the others and all together, have committed conspiracy to libel and defame Plaintiff, as well as to cause monetary loss to Plaintiff, to cause harm to the reputation, good name, and good will of Plaintiff, and to further cause other harm to Plaintiff, as set forth above, and therefore award the following damages to wit:
Compensatory damages in amount in excess of $75,000.00;
Attorneys fees and costs of suit;
Punitive damages; and
For other such relief as the Court deems proper in the premises.
THIRD CAUSE OF ACTION:
That the Court finds that Defendants, each and all of them, have perpetrated acts of tortious interference with Plaintiff?s business relations; that Defendants committed these tortious acts with malice, improperly and without privilege, with intent to injure Plaintiff, and that such acts caused financial loss to Plaintiff; and therefore award to Plaintiff the following damages to wit:
Compensatory damages in excess of $75,000.00;
Attorneys fees and costs of suit;
Punitive damages; and
For other such relief as the Court deems proper in the premises
FOURTH CAUSE OF ACTION:
That the Court finds that Defendants, each and all of them, have perpetrated acts of tortious interference with Plaintiff?s existing contracts; that Defendants committed these tortious acts with malice, improperly and without privilege, with intent to injure Plaintiff, and that such acts caused financial loss to Plaintiff; and therefore award to Plaintiff the following damages to wit:
Compensatory damages in excess of $75,000.00;
Attorneys fees and costs of suit;
Punitive damages; and
For other such relief as the Court deems proper in the premises
PRELIMINARY INJUNCTION:
That the Court finds that the continuing acts of publication of defamatory and libelous statements and tortious acts of interference with Plaintiff?s business relations and contracts by Defendants, each and all of them, causes immediate and irreparable harm to Plaintiffs good name, reputation, good will, business relations and contracts; that Plaintiff is likely to prevail at trial on the merits; and therefore the Court grants in favor of Plaintiff that Defendants, each and all of them, be preliminarily and permanently enjoined and barred from:
Publishing false, defamatory, and libelous statements against Plaintiff Amazon, its products, business, operations, methodologies, production methods, methods of manufacture, position in the marketplace, Plaintiff?s officers, employees, agents, consultants, and business associates, common stock, stockholders, retail business establishments, which offer or may consider offering Plaintiff?s products for sale; and other business establishments which use or may consider using Amazon? sugar substitute named "Nature?s Taste", under that trade name or any other trade name.
from communicating with; whether in person or remotely; whether directly or indirectly; whether by speech, writing, electronic media, or by any other means; whether through the agency or intermediary of another person(s) or entity(s) or not through an agent or intermediary; whether in concert and cooperation with other person(s) or entity(s), or alone; any Amazon employee, Amazon agent, Amazon customer, Amazon shareholder, retail seller of Amazon products, retail establishment considering offering Amazon products for sale, other business establishment which uses any Amazon product including Nature?s Taste under that trade name or any other trade name in its production of products, or is considering using the same in its production of products; for the purpose of making statements against and/or libeling or otherwise defaming any of the aforementioned persons, products, stock, operations, or business.
from coming within arms length of any person, entity, business, officer, agent, customer, employee, retail seller, consultant, business operations, production methods, common stock, or stockholder of Plaintiff or any person associated with Plaintiff, as pertains to the lawful business of Plaintiff.
from hindering or otherwise interfering with Plaintiff Amazon, its business operations, sales, advertising, officers, employees, agents, business partners or associates, consultants, retail sellers, product line, Nature?s Taste sugar substitute, manufacturing processes, market share, public image, business reputation, contracts, business relations, stockholders, common stock, good name, and good will or any other aspect of Plaintiff Amazon?s business.
That at the appropriate time, Plaintiff will seek from this Court a permanent injunction for the same.
TEMPORARY RESTRAINING ORDER:
Plaintiff prays for additional relief by asking the honorable Court to grant in favor of Plaintiff and against Defendants, each and all of them, a Temporary Restraining Order, restraining Defendants from:
Publishing false, defamatory, and libelous statements against Plaintiff Amazon, its products, business, operations, methodologies, production methods, methods of manufacture, position in the marketplace, Plaintiff?s officers, employees, agents, consultants, and business associates, common stock, stockholders, retail business establishments, which offer or may consider offering Plaintiff?s products for sale; and other business establishments which use or may consider using Amazon? sugar substitute named "Nature?s Taste", under that trade name or any other trade name.
from communicating with; whether in person or remotely; whether directly or indirectly; whether by speech, writing, electronic media, or by any other means; whether through the agency or intermediary of another person(s) or entity(s) or not through an agent or intermediary; whether in concert and cooperation with other person(s) or entity(s), or alone; any Amazon employee, Amazon agent, Amazon customer, Amazon shareholder, retail seller of Amazon products, retail establishment considering offering Amazon products for sale, other business establishment which uses any Amazon product including Nature?s Taste under that trade name or any other trade name in its production of products, or is considering using the same in its production of products; for the purpose of making statements against and/or libeling or otherwise defaming any of the aforementioned persons, products, stock, operations, or business.
from coming within arms length of any person, entity, business, officer, agent, customer, employee, retail seller, consultant, business operations, production methods, common stock, or stockholder of Plaintiff or any person associated with Plaintiff, as pertains to the lawful business of Plaintiff.
from hindering or otherwise interfering with Plaintiff Amazon, its business operations, sales, advertising, officers, employees, agents, business partners or associates, consultants, retail sellers, product line, Nature?s Taste sugar substitute, manufacturing processes, market share, public image, business reputation, contracts, business relations, stockholders, common stock, good name, and good will or any other aspect of Plaintiff Amazon?s business.
DATED this ______ day of January, 2000.
LAW OFFICES OF JASON AWAD & ASSOCIATES
_______________________
ROBERT S. QUALEY, ESQ.
Nevada Bar No. 3570
4386 S. Eastern Avenue
Las Vegas, NV 89119
Attorney For Plaintiff |
