Deep Blue Marine et al v. Krajewski - OCR extract Part 2
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31. From the nature of the false, misleading, and defamatory messages about Plaintiffs, and from the disclosure of Deep Blue's proprietary information, it is apparent that Defendant seeks to destroy Plaintiffs and their business relationships.
32. Defendant's false statements allege illegal and criminal conduct by Plaintiffs, including, but not limited to, claims of diving outside of the permit area for Deep Blue, illegal stock sales, illegal insider trading, and misappropriation of funds.
33. Defendant also repeatedly alleges that Deep Blue and Blum are under SEC and federal "investigation."
34. Defendant's allegations of criminal conduct by Plaintiffs amount to slander per se.
35. Defendant's allegations of criminal conduct by Plaintiffs if not enjoined will cause immediate and irreparable harm to Plaintiffs for which money damages, if Defendant could even pay the same, would be inadequate.
36. On or about June 13, 2007, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"Randy Champion. Tell[] us what you did learn from your survey with the voodoo sticks? I mean ground penetrating sonar?? The survey was finished last week. If the equipment did work and you are happy with the survey, we the investors should hear about it."
37. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
38. On or about June 14, 2007, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I did hear some good news about what Wilf is doing in Marathon. I'm sure that he will be releasing that info shortly. I'm glad that he doesn't have the capt[ian] of the Deep Scan doing the work. His other divers don't even know about this yet, so I hope he doesn't blame them again for talking to me."
39. The preceding statement discloses Deep Blue proprietary information in
violation of the Non-Disclosure Agreement.
40. On or about June 14, 2007, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"No it won't be operational for a long time. The guy working on it, works slower than our State Road Department fixing pot holes. Then again his nick name is 6K a month. I think he still thinks he works for the union."
41. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
42. On or about June 14, 2007, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I just hope he [Wilf Blum] keeps 6k capt joe away from the boat so it's ready this year."
43. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
44. Defendant Krajewski has made multiple additional derogatory posts, including divulging Deep Blue proprietary information, related to employees of Deep Blue, their compensation, where they are working, and what they are doing.
45. On or about June 14, 2007, Defendant Krajewski published the following on I-hub's Deep Blue Marine message board:
"I got to hand it over because they [the new divers] got a nice share of restricted stock and a good paying job."
46. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
47. On or about February 20, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I am not trying t[o] get him fired. I am showing how the shareholders money is being spent. I know that if less money is wasted, less stock has to be sold by the company to support its operation in the DR. Let's face it. $72,000 in salary over [t]he coarse of a year equals a lot of stock when it is sold below a penny."
48. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
49. On or about February 22, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I think it does mater to Capt Mud, after all he got 55 million shares of stock that becomes unrestricted in Aug, for letting DPBM dive on the anchor that is in his permitted area at Woman Key."
50. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
51. On or about February 23, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I apologze for saying it was 55 million shares for getting to dive on an anchor. I stand corrected by the permit holder. It's 50 million shares. I also forgot to mention that the permit holder still thinks the Atocha was never found by Mel Fisher and that it is in his permit area."
52. The preceding statement discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
53. On or about February 29, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I haven't forgotten about the EPA and Coast Guard handing out huge fines if there [h]as been any fuel spilled. I figured the company had enough problems and didn't need me to bring that one up too. Now that the company won't be going to the DR [Dominican Republic] in the very near future, I hope that they [are] going to be diving in KW trying to find something before the merger takes place. I think it is reprehensible for the company to give the boat Capt of the Deep Scan 2 weeks off after he just got 6 weeks paid vacation in November, another 2 weeks off for Christmas and is almost a year late in getting the Deep Scan fixed. The investors shouldn't have to pay for the other divers to sit around for several more weeks while the Tracey is being fixed too. . . ."
54. The preceding statement contains false statements, is misleading implying unlawful conduct by Plaintiffs, and discloses Deep Blue proprietary information in violation of the Non-Disclosure Agreement.
55. On or about February 29, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"Innocent Investors? Yes you are right, I am trying to protect the innocent investors. If anyone cares to check the PR's from day one, you will see that most of them are either false or misleading. I have friends that have lost over $100K in DPBM. I don't want any more old ladies losing their retirement money without knowing ALL about the company. (Good or Bad) As Wilf says[,] "Don't invest any money that you can't afford to lose." Now, I think that kind of says it all."
56. The preceding statement is false and misleading.
57. On or about March 1, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"I do know where the segment of the groove in the reef was filmed for the Good Morning America segment and it WASN'T in the DPBM permit area. You can dive there recreationally and not break any laws, but when you do it with an underwater metal detector it is called breaking the law and that is a FACT, not an opinion."
58. The preceding statement is false and falsely alleges unlawful and criminal conduct by Plaintiffs.
59. On or about March 1, 2008, Defendant Krajewski published the following statement on I-hub's Deep Blue Marine message board:
"Let's set the record straight right now. . . . While DPBM may have dove at that site he mentioned, that is not where the BBQ grill was filmed. If anyone wants proof, contact the Good Morning America producer and ask him. If he tells you that was about 50 to 100 yards off of an Island called Ballast Key, it is right where I said it was filmed and that IS NOT in the permitted area. Secondly[,] I think the poster of #15714 doesn't want to get in trouble with Marine Sanctuary if it was filmed where I said it was. He is responsible for the sub-contractors under his permit. Thirdly, I know I must have upset the CEO with my posts, because he called and left me a voice mail. I doubt that I was the only one he called. Just my opinion, but I think he probably called several people to try and refute what I posted."
60. The preceding statement is false and falsely alleges unlawful and criminal conduct by Plaintiffs.
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