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Home > Apex Technology Group, Inc. v. Does

Apex Technology Group, Inc. v. Does [1]

Submitted by DMLP Staff on Thu, 02/18/2010 - 17:43

Summary

Threat Type: 

Lawsuit

Date: 

12/01/2009

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

New Jersey

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
In December 2009, Apex Technology Group, Inc. and its principal Sarvesh Kumar Dharayan filed a lawsuit for defamation against John Does 1-10 and ABC Corporations 1-10 in New Jersey state court.  On December 3, 2009, Apex and Dharayan filed a motion for... read full description
Parties

Party Receiving Legal Threat: 

John Does 1-10 and ABC Corporations 1-10

Type of Party: 

Individual
Organization

Type of Party: 

Individual
Organization

Location of Party: 

  • New Jersey

Legal Counsel: 

Patrick Papalia, Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, LLC

Legal Counsel: 

John Miano, Esq.
Description

In December 2009, Apex Technology Group, Inc. and its principal Sarvesh Kumar Dharayan filed a lawsuit for defamation against John Does 1-10 and ABC Corporations 1-10 in New Jersey state court.  On December 3, 2009, Apex and Dharayan filed a motion for a temporary restraining order, seeking an injunction ordering the websites www.endH1B.com [2], www.itgrunt.com [3], and www.guestworkerfraud.com [4] to remove certain forum postings about Apex and Dharayan that the plaintiffs claim are defamatory.  According to plaintiffs' motion, the postings include allegations that Apex "employees don't receive their salary at the end of the month. . . . [the salary] is usually received @ a random date in the following month, provided you are lucky," and that "once you file/transfer your H1B to them you more or less become their slave and you will get entangled in thier [sic] web of lies and legal documents."

On December 23, 2009, the court issued an order directing the websites' upstream hosts to disable access to the websites, and ordering Facebook, Yahoo! and Comcast to disclose the identity of the individual behind two email addresses associated with www.endH1b.com [5] that plaintiffs alleged had included defamatory postings in an email newsletter.

Update:

6/25/2010 - Accordng to one of the defendants, the court granted his motion to dismiss the complaint and lift the court's Dec. 23, 2009 order.

Related Links: 

  • EFF: Order to Shut Down Websites Critical of Apex Technology Group is Dangerous and Wrong [6]
  • ComputerWorld: Court orders three H-1B sites disabled [7]
  • Bright Future Jobs: Intimidation of Foreign Workers Now Aimed at Americans: Facebook, Yahoo, Comcast Drawn In [8]
Details

Web Site(s) Involved: 

www.endH1B.com

www.itgrunt.com

www.guestworkerfraud.com

Content Type: 

  • Text

Publication Medium: 

Forum

Subject Area: 

  • Defamation
  • Anonymity
Court Information & Documents

Jurisdiction: 

  • New Jersey

Source of Law: 

  • New Jersey

Court Name: 

Superior Court of New Jersey

Court Type: 

State

Case Number: 

MID-L-7879-09

Relevant Documents: 

PDF icon 2009-12-23-Apex Technology Order.pdf [9]
PDF icon 2009-12-03- Apex Brief for TRO.pdf [10]
PDF icon 2009-12-17- Apex Technology Complaint.pdf [11]
CMLP Information (Private)

Priority: 

1-High

CMLP Notes: 

checked the status of the motion online: http://www.judiciary.state.nj.us/acms/MOTN/CV0390W0E.ASP

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Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/apex-technology-group-inc-v-does

Links
[1] https://www.dmlp.org/threats/apex-technology-group-inc-v-does
[2] http://www.endH1B.com
[3] http://www.itgrunt.com
[4] http://www.guestworkerfraud.com
[5] http://www.endH1b.com
[6] http://www.eff.org/deeplinks/2010/01/order-shut-down-websites-critical-apex-technology-
[7] http://www.computerworld.com/s/article/9142806/Court_orders_three_H_1B_sites_disabled
[8] http://www.brightfuturejobs.com/press/index.cfm?Fuseaction=pressreleases_full&ID=2108
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-23-Apex%20Technology%20Order.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-03-%20Apex%20Brief%20for%20TRO.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-12-17-%20Apex%20Technology%20Complaint.pdf