Xcentric Ventures LLC v. Bird

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

01/21/2009

Status: 

Pending

Location: 

Arizona

Disposition: 

Dismissed (total)

Verdict or Settlement Amount: 

N/A
On January 21, 2009, plaintiffs Xcentric Ventures, LLC and Edward Magedson, operators of the website RipOffReport.com, filed a complaint in Arizona state court against defendants Sarah L. Bird and John Doe Bird, as well as their company, SEOMONZ, Inc. d/b/a SEOMonz.org.  The Complaint asserted a claim... read full description
Parties

Party Receiving Legal Threat: 

Sarah L. Bird, John Doe Bird, SEOMONZ, Inc. d/b/a SEOMonz.org

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • Arizona

Location of Party: 

  • Washington

Legal Counsel: 

Debora Lynn Verdier and Mark G Worischeck, Sanders & Parks PC
Description

On January 21, 2009, plaintiffs Xcentric Ventures, LLC and Edward
Magedson, operators of the website RipOffReport.com, filed a complaint
in Arizona state court against defendants Sarah L. Bird and John Doe
Bird, as well as their company, SEOMONZ, Inc. d/b/a SEOMonz.org.  The
Complaint asserted a claim for defamation, based statements made by Ms. Bird in an article on the SEOMonz.org website entitled "The Anatomy of a RipOff Report Lawsuit."  According to the Complaint, the article made false and libelous statements about the plaintiffs, including the "implication" that "Rip-Off Report is actually drafting 'defamatory titles'" that appear on the Rip-Off Report website, as well as advice to readers suing Rip-Off Report that they should "'allege that the website created and/or substantially altered the meaning of the content', regardless of whether they have actual evidence of that fact."  The Complaint futher cited the "implication" from the article that "the plaintiffs and attorneys who have sued Rip-Off Report for violations of the RICO Act have had a legitimate basis for making these allegations."

On May 14, 2009, defendants removed the case to federal court and filed a Motion to Dismiss for lack of personal jurisdiction.  On February 4, 2010, the District Court granted defendants' motion, holding that defendants actions were not "expressly aimed" at Arizona, and that plaintiffs failed to show a connection between the alleged tort (the publication of an article containing allegedly defamatory statements) and the forum (Arizona), other than plaintiffs' residence in the state. Plaintiffs have appealed the case to the Ninth Circuit.

Details

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • Arizona

Source of Law: 

  • Arizona

Court Name: 

United States District Court for the District of Arizona

Court Type: 

Federal

Case Number: 

CV 09-1033-PHX-ROS

Relevant Documents: 

CMLP Information (Private)

Threat Source: 

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