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CIVIL COVER SHEET Form 1997 The civil cover sheet and the information contained herein neither replaces nor supplement the filing and
service of pleadings or other papers as required by law This form shall be filed by the plaintiff or petitioner for the use of
the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute section 25075 (See
instructions for completion)
1 CASE STYLE
In the Circuit Court of the Thirteenth Judicial Circuit for Hillsborough County Florida
ELLEN BETH WACHS 11 5545 Case
Plaintiff(s) Division
vs
ED GO LL0 8 ITH TRACY THOMAS NAN OWENS STEVE BROWN MAIT COOPER GLORIA JULIUS STEVE MILES and JAMES PETE RSON ECE
DEC 05 2011 Defendant(s)
--------shy
------~~~~~~IQ
II TYPE OF CASE Of the case fits more than one type of case select the most definitive category) If the most descriptive label is a subcategory (is indented under a broader category) place an X in both the main category and subcategory boxes
DCondominium
DContracts and indebLedness
CJ Eminent domain
DAuto negligence
DNegligence - other
o Business governance
D Business torts
CJ EnvironmentalfToxic tort
D Third party indemnification
o Construction defect
D Mass tort
D Negligent security
c=J Nursing home negligence
o Premises liability - commercial
o Premises liability - residential
D Products liability
D Real property Mortgage foreclosure
D Commercial foreclosure $0shy
$50000
D Commercial foreclosure $50001 shy
$249 999
D Commercial foreclosure
$250000 or more
D Homestead residential foreclosure
$0 - $50000
D Homestead residential foreclosure
$50001 - $249999
CJ Homestead residential foreclosure
$250000 or more
D Nonhomestead residential
Foreclosure $0 - $50000
D Nonhomestead residential
Foreclosure $5000 I - $249999
o Nonhomestead residential
Foreclosure $250 000 or more
D Other real property actions $0 shy
$50000
D Other real property actions $50001 shy
$249999
D Other real property actions $250000
or more
D Professional malpractice
D Malpractice - business
D Malpractice - medical
D Malpractice - other professional
mOther
D Antitrust trade regulation
D Business transactions
D Constitutional challenge - statute or
ordinance
D Constitutional challenge - proposed
amendment
D Corporate trusts
DDiscrimination - employment or
other
D Insurance claims
D Intellectual property
m LibelSlander
D Shareholder derivative action
o Securities litigation
D Trade secrets
o Trust litigation
D THIS CASE IS APPROPRIATE FOR ASSIGNME1T TO THE COMPLEX LITIGATION BUSINESS DIVISION PLEASE SEE ATTACHED COMPLEX B SfN ESS LITIGATION DIVISION ADDENDUM FORM
III REMEDIES SOUGHT (Check all that apply)
[Z] Monetary
D Non-monetary declaratory or injW1ctive relief
W Punitive
IV NUMBER OF CAUSES OF ACTION [1 ] (Specuy) ________________________________________________________________
V IS THIS CASE A CLASS ACTION LAWSUIT
DYes
[Z]No
VI HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED
[Z]No
D Yes If yes list all related cases by name case number and court
VII IS JURY TRIAL DEMANDED IN COMPLAINT
DYes
WNo
VI1I IS TRIAL EXPECTED TO LAST MORE THAN TEN (10) TRIAL DA YS (2 WEEKS)
DYes
mNo
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief
FL Bar ____ ________
Attorney or Party (Bar if attorney)
SignMe zSllc 4 ~
Type or Print Name Date
COMPLEX BUSINESS LITIGATION DIVISION ADDENDUM
Party or Attornev Filing Action Must Place an X in One of the Boxes Below
The categories of cases set out below shall guide the parties and the Court in the designation of cases for the Complex Business Litigation Division (CBLD)
AMOUNT IN CONTROVERSY GREATER THAN $15000000
D Non-consumer VCC-related transactions
D Purchases and sales of businesses or the assets of a business including contract disputes commercial landlordshytenant claims and business torts
D Non-consumer sale of goods or services by or to business enterprises
D Non-consumer bank or brokerage accounts including loan deposit cash m311agement and investment accounts
D
D
Purchase sale lease of commercial (real or personal) property or security interests therein
Commercial surety bonds
D Franchisee franchisor relationships and liabilities
D Malpractice against professionals except health care providers in cOnIlection with rendering services relating to a business enterprise
CJ Business torts including unfair competition breach of fiduciary duty and tortious interference with contracts
D Complex construction litigation other than consumer home construction disputes unless a court determines that the home construction dispute is business-related and complex or
CJ Insurance coverage bad faith litigation and third party indemnity actions against insurers arising under policies issued to businesses such as claims arising under a commercial general liability policy commercial property policy or title insUr311ce policy not including claims where the underlying dispute is a personal injury claim unless a court determines that the personaJ injury insurance claim is business-related and complex
ANY AMOUNT IN CONTROVERSY
D Internal affairs or governance dissolution or liquidation rights obligations between or among owners (shareholders partners members) or liability or indemnity of managers (officers directors managers trustees or members or partners functioning as managers) of corporations partnerships limited partnerships limited liability companies or partnerships
D Trade secrets and non-compete agreements
D Intellectual property
D Securities or state securities laws
CJ Antitrust statutes
D Shareholder derivative actions and related class actions and
D Corporate trust affairs or director and officer liability_
NOTE A copy of the Civil Cover Sheet and this Addendum must be sened with the Complaint for all Complex Business Litigation Division cases See Administratie Order S-2008-105 for further Complex Business Litigation Division requirements
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
ELLE~BETH WACHS
Plaintiff 11 15545 Case No ---------------- shy
ED GOLLOBITH TRACY THOMAS N AN OWENS STEVE BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON ECEIVE
Defendants DEC 05 2011 ------------------------------------~I
CLER 01= C R ~GIT COURT HILLSBO U H --OUI TY FL
COMPLAINT FOR DEFAMATION
I Introduction
1 This action for defamation is brought by the Plaintiff Ms ELLENBETH WACHS
against the Defendants ED GOLLOBITH TRACY THOMAS NAN OWENS STEVE
BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON Ms
WACHS was and asserts that she legally remains the acting president of Atheists of Florida
Inc a Florida Non Profit Corporation (the AoF) The Defendants are or were at the time of the
subject defamation members of the board of directors of the AoF (the Board) This action
arose from an email (Writing f) sent on November 6 2011 by the Defendants to the AoF
membership falsely accusing the Ms WACHS of impropriety and criminal behavior
Specifically this email stated that the Plaintiff has been expelled from the membership for
seriously obstructing the organization s business misappropriating the organizations name
misappropriating the organization s funds and acting in a way that discredits the organization
Page lof8
33782
This same email directed members to a publicly accessible website which repeated these false
claims (Writing II)
ll Jurisdiction
2 This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15000
ill Parties
3 The Plaintiff Ms ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County Florida She is a small business owner She was and
asserts that she remains acting president of the AoF She has served as a board member the vice
president and the legal director of the AoF She resides at 5963 Lake Victoria Drive Lakeland
FL 33813
4 Defendant Mr ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County F lorida This party is or was a member of the Board and
signed Writings I and II This party resides at 4303 S MacDili Ave Tampa FL 33611-1940
5 Defendant Ms TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6411 93rd Terrace 4901 Pinellas Park FL
6 Defendant Ms NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County Florida Thi s party is or was a member of the Board and signed
Writings I and II This party resides at 4704 Lakewood Drive Seffner FL 33584
7 Defendant Mr STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County Florida This party is or was a member of the Board and signed
Page 2 of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
II TYPE OF CASE Of the case fits more than one type of case select the most definitive category) If the most descriptive label is a subcategory (is indented under a broader category) place an X in both the main category and subcategory boxes
DCondominium
DContracts and indebLedness
CJ Eminent domain
DAuto negligence
DNegligence - other
o Business governance
D Business torts
CJ EnvironmentalfToxic tort
D Third party indemnification
o Construction defect
D Mass tort
D Negligent security
c=J Nursing home negligence
o Premises liability - commercial
o Premises liability - residential
D Products liability
D Real property Mortgage foreclosure
D Commercial foreclosure $0shy
$50000
D Commercial foreclosure $50001 shy
$249 999
D Commercial foreclosure
$250000 or more
D Homestead residential foreclosure
$0 - $50000
D Homestead residential foreclosure
$50001 - $249999
CJ Homestead residential foreclosure
$250000 or more
D Nonhomestead residential
Foreclosure $0 - $50000
D Nonhomestead residential
Foreclosure $5000 I - $249999
o Nonhomestead residential
Foreclosure $250 000 or more
D Other real property actions $0 shy
$50000
D Other real property actions $50001 shy
$249999
D Other real property actions $250000
or more
D Professional malpractice
D Malpractice - business
D Malpractice - medical
D Malpractice - other professional
mOther
D Antitrust trade regulation
D Business transactions
D Constitutional challenge - statute or
ordinance
D Constitutional challenge - proposed
amendment
D Corporate trusts
DDiscrimination - employment or
other
D Insurance claims
D Intellectual property
m LibelSlander
D Shareholder derivative action
o Securities litigation
D Trade secrets
o Trust litigation
D THIS CASE IS APPROPRIATE FOR ASSIGNME1T TO THE COMPLEX LITIGATION BUSINESS DIVISION PLEASE SEE ATTACHED COMPLEX B SfN ESS LITIGATION DIVISION ADDENDUM FORM
III REMEDIES SOUGHT (Check all that apply)
[Z] Monetary
D Non-monetary declaratory or injW1ctive relief
W Punitive
IV NUMBER OF CAUSES OF ACTION [1 ] (Specuy) ________________________________________________________________
V IS THIS CASE A CLASS ACTION LAWSUIT
DYes
[Z]No
VI HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED
[Z]No
D Yes If yes list all related cases by name case number and court
VII IS JURY TRIAL DEMANDED IN COMPLAINT
DYes
WNo
VI1I IS TRIAL EXPECTED TO LAST MORE THAN TEN (10) TRIAL DA YS (2 WEEKS)
DYes
mNo
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief
FL Bar ____ ________
Attorney or Party (Bar if attorney)
SignMe zSllc 4 ~
Type or Print Name Date
COMPLEX BUSINESS LITIGATION DIVISION ADDENDUM
Party or Attornev Filing Action Must Place an X in One of the Boxes Below
The categories of cases set out below shall guide the parties and the Court in the designation of cases for the Complex Business Litigation Division (CBLD)
AMOUNT IN CONTROVERSY GREATER THAN $15000000
D Non-consumer VCC-related transactions
D Purchases and sales of businesses or the assets of a business including contract disputes commercial landlordshytenant claims and business torts
D Non-consumer sale of goods or services by or to business enterprises
D Non-consumer bank or brokerage accounts including loan deposit cash m311agement and investment accounts
D
D
Purchase sale lease of commercial (real or personal) property or security interests therein
Commercial surety bonds
D Franchisee franchisor relationships and liabilities
D Malpractice against professionals except health care providers in cOnIlection with rendering services relating to a business enterprise
CJ Business torts including unfair competition breach of fiduciary duty and tortious interference with contracts
D Complex construction litigation other than consumer home construction disputes unless a court determines that the home construction dispute is business-related and complex or
CJ Insurance coverage bad faith litigation and third party indemnity actions against insurers arising under policies issued to businesses such as claims arising under a commercial general liability policy commercial property policy or title insUr311ce policy not including claims where the underlying dispute is a personal injury claim unless a court determines that the personaJ injury insurance claim is business-related and complex
ANY AMOUNT IN CONTROVERSY
D Internal affairs or governance dissolution or liquidation rights obligations between or among owners (shareholders partners members) or liability or indemnity of managers (officers directors managers trustees or members or partners functioning as managers) of corporations partnerships limited partnerships limited liability companies or partnerships
D Trade secrets and non-compete agreements
D Intellectual property
D Securities or state securities laws
CJ Antitrust statutes
D Shareholder derivative actions and related class actions and
D Corporate trust affairs or director and officer liability_
NOTE A copy of the Civil Cover Sheet and this Addendum must be sened with the Complaint for all Complex Business Litigation Division cases See Administratie Order S-2008-105 for further Complex Business Litigation Division requirements
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
ELLE~BETH WACHS
Plaintiff 11 15545 Case No ---------------- shy
ED GOLLOBITH TRACY THOMAS N AN OWENS STEVE BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON ECEIVE
Defendants DEC 05 2011 ------------------------------------~I
CLER 01= C R ~GIT COURT HILLSBO U H --OUI TY FL
COMPLAINT FOR DEFAMATION
I Introduction
1 This action for defamation is brought by the Plaintiff Ms ELLENBETH WACHS
against the Defendants ED GOLLOBITH TRACY THOMAS NAN OWENS STEVE
BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON Ms
WACHS was and asserts that she legally remains the acting president of Atheists of Florida
Inc a Florida Non Profit Corporation (the AoF) The Defendants are or were at the time of the
subject defamation members of the board of directors of the AoF (the Board) This action
arose from an email (Writing f) sent on November 6 2011 by the Defendants to the AoF
membership falsely accusing the Ms WACHS of impropriety and criminal behavior
Specifically this email stated that the Plaintiff has been expelled from the membership for
seriously obstructing the organization s business misappropriating the organizations name
misappropriating the organization s funds and acting in a way that discredits the organization
Page lof8
33782
This same email directed members to a publicly accessible website which repeated these false
claims (Writing II)
ll Jurisdiction
2 This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15000
ill Parties
3 The Plaintiff Ms ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County Florida She is a small business owner She was and
asserts that she remains acting president of the AoF She has served as a board member the vice
president and the legal director of the AoF She resides at 5963 Lake Victoria Drive Lakeland
FL 33813
4 Defendant Mr ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County F lorida This party is or was a member of the Board and
signed Writings I and II This party resides at 4303 S MacDili Ave Tampa FL 33611-1940
5 Defendant Ms TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6411 93rd Terrace 4901 Pinellas Park FL
6 Defendant Ms NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County Florida Thi s party is or was a member of the Board and signed
Writings I and II This party resides at 4704 Lakewood Drive Seffner FL 33584
7 Defendant Mr STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County Florida This party is or was a member of the Board and signed
Page 2 of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
D THIS CASE IS APPROPRIATE FOR ASSIGNME1T TO THE COMPLEX LITIGATION BUSINESS DIVISION PLEASE SEE ATTACHED COMPLEX B SfN ESS LITIGATION DIVISION ADDENDUM FORM
III REMEDIES SOUGHT (Check all that apply)
[Z] Monetary
D Non-monetary declaratory or injW1ctive relief
W Punitive
IV NUMBER OF CAUSES OF ACTION [1 ] (Specuy) ________________________________________________________________
V IS THIS CASE A CLASS ACTION LAWSUIT
DYes
[Z]No
VI HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED
[Z]No
D Yes If yes list all related cases by name case number and court
VII IS JURY TRIAL DEMANDED IN COMPLAINT
DYes
WNo
VI1I IS TRIAL EXPECTED TO LAST MORE THAN TEN (10) TRIAL DA YS (2 WEEKS)
DYes
mNo
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief
FL Bar ____ ________
Attorney or Party (Bar if attorney)
SignMe zSllc 4 ~
Type or Print Name Date
COMPLEX BUSINESS LITIGATION DIVISION ADDENDUM
Party or Attornev Filing Action Must Place an X in One of the Boxes Below
The categories of cases set out below shall guide the parties and the Court in the designation of cases for the Complex Business Litigation Division (CBLD)
AMOUNT IN CONTROVERSY GREATER THAN $15000000
D Non-consumer VCC-related transactions
D Purchases and sales of businesses or the assets of a business including contract disputes commercial landlordshytenant claims and business torts
D Non-consumer sale of goods or services by or to business enterprises
D Non-consumer bank or brokerage accounts including loan deposit cash m311agement and investment accounts
D
D
Purchase sale lease of commercial (real or personal) property or security interests therein
Commercial surety bonds
D Franchisee franchisor relationships and liabilities
D Malpractice against professionals except health care providers in cOnIlection with rendering services relating to a business enterprise
CJ Business torts including unfair competition breach of fiduciary duty and tortious interference with contracts
D Complex construction litigation other than consumer home construction disputes unless a court determines that the home construction dispute is business-related and complex or
CJ Insurance coverage bad faith litigation and third party indemnity actions against insurers arising under policies issued to businesses such as claims arising under a commercial general liability policy commercial property policy or title insUr311ce policy not including claims where the underlying dispute is a personal injury claim unless a court determines that the personaJ injury insurance claim is business-related and complex
ANY AMOUNT IN CONTROVERSY
D Internal affairs or governance dissolution or liquidation rights obligations between or among owners (shareholders partners members) or liability or indemnity of managers (officers directors managers trustees or members or partners functioning as managers) of corporations partnerships limited partnerships limited liability companies or partnerships
D Trade secrets and non-compete agreements
D Intellectual property
D Securities or state securities laws
CJ Antitrust statutes
D Shareholder derivative actions and related class actions and
D Corporate trust affairs or director and officer liability_
NOTE A copy of the Civil Cover Sheet and this Addendum must be sened with the Complaint for all Complex Business Litigation Division cases See Administratie Order S-2008-105 for further Complex Business Litigation Division requirements
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
ELLE~BETH WACHS
Plaintiff 11 15545 Case No ---------------- shy
ED GOLLOBITH TRACY THOMAS N AN OWENS STEVE BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON ECEIVE
Defendants DEC 05 2011 ------------------------------------~I
CLER 01= C R ~GIT COURT HILLSBO U H --OUI TY FL
COMPLAINT FOR DEFAMATION
I Introduction
1 This action for defamation is brought by the Plaintiff Ms ELLENBETH WACHS
against the Defendants ED GOLLOBITH TRACY THOMAS NAN OWENS STEVE
BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON Ms
WACHS was and asserts that she legally remains the acting president of Atheists of Florida
Inc a Florida Non Profit Corporation (the AoF) The Defendants are or were at the time of the
subject defamation members of the board of directors of the AoF (the Board) This action
arose from an email (Writing f) sent on November 6 2011 by the Defendants to the AoF
membership falsely accusing the Ms WACHS of impropriety and criminal behavior
Specifically this email stated that the Plaintiff has been expelled from the membership for
seriously obstructing the organization s business misappropriating the organizations name
misappropriating the organization s funds and acting in a way that discredits the organization
Page lof8
33782
This same email directed members to a publicly accessible website which repeated these false
claims (Writing II)
ll Jurisdiction
2 This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15000
ill Parties
3 The Plaintiff Ms ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County Florida She is a small business owner She was and
asserts that she remains acting president of the AoF She has served as a board member the vice
president and the legal director of the AoF She resides at 5963 Lake Victoria Drive Lakeland
FL 33813
4 Defendant Mr ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County F lorida This party is or was a member of the Board and
signed Writings I and II This party resides at 4303 S MacDili Ave Tampa FL 33611-1940
5 Defendant Ms TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6411 93rd Terrace 4901 Pinellas Park FL
6 Defendant Ms NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County Florida Thi s party is or was a member of the Board and signed
Writings I and II This party resides at 4704 Lakewood Drive Seffner FL 33584
7 Defendant Mr STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County Florida This party is or was a member of the Board and signed
Page 2 of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
COMPLEX BUSINESS LITIGATION DIVISION ADDENDUM
Party or Attornev Filing Action Must Place an X in One of the Boxes Below
The categories of cases set out below shall guide the parties and the Court in the designation of cases for the Complex Business Litigation Division (CBLD)
AMOUNT IN CONTROVERSY GREATER THAN $15000000
D Non-consumer VCC-related transactions
D Purchases and sales of businesses or the assets of a business including contract disputes commercial landlordshytenant claims and business torts
D Non-consumer sale of goods or services by or to business enterprises
D Non-consumer bank or brokerage accounts including loan deposit cash m311agement and investment accounts
D
D
Purchase sale lease of commercial (real or personal) property or security interests therein
Commercial surety bonds
D Franchisee franchisor relationships and liabilities
D Malpractice against professionals except health care providers in cOnIlection with rendering services relating to a business enterprise
CJ Business torts including unfair competition breach of fiduciary duty and tortious interference with contracts
D Complex construction litigation other than consumer home construction disputes unless a court determines that the home construction dispute is business-related and complex or
CJ Insurance coverage bad faith litigation and third party indemnity actions against insurers arising under policies issued to businesses such as claims arising under a commercial general liability policy commercial property policy or title insUr311ce policy not including claims where the underlying dispute is a personal injury claim unless a court determines that the personaJ injury insurance claim is business-related and complex
ANY AMOUNT IN CONTROVERSY
D Internal affairs or governance dissolution or liquidation rights obligations between or among owners (shareholders partners members) or liability or indemnity of managers (officers directors managers trustees or members or partners functioning as managers) of corporations partnerships limited partnerships limited liability companies or partnerships
D Trade secrets and non-compete agreements
D Intellectual property
D Securities or state securities laws
CJ Antitrust statutes
D Shareholder derivative actions and related class actions and
D Corporate trust affairs or director and officer liability_
NOTE A copy of the Civil Cover Sheet and this Addendum must be sened with the Complaint for all Complex Business Litigation Division cases See Administratie Order S-2008-105 for further Complex Business Litigation Division requirements
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
ELLE~BETH WACHS
Plaintiff 11 15545 Case No ---------------- shy
ED GOLLOBITH TRACY THOMAS N AN OWENS STEVE BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON ECEIVE
Defendants DEC 05 2011 ------------------------------------~I
CLER 01= C R ~GIT COURT HILLSBO U H --OUI TY FL
COMPLAINT FOR DEFAMATION
I Introduction
1 This action for defamation is brought by the Plaintiff Ms ELLENBETH WACHS
against the Defendants ED GOLLOBITH TRACY THOMAS NAN OWENS STEVE
BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON Ms
WACHS was and asserts that she legally remains the acting president of Atheists of Florida
Inc a Florida Non Profit Corporation (the AoF) The Defendants are or were at the time of the
subject defamation members of the board of directors of the AoF (the Board) This action
arose from an email (Writing f) sent on November 6 2011 by the Defendants to the AoF
membership falsely accusing the Ms WACHS of impropriety and criminal behavior
Specifically this email stated that the Plaintiff has been expelled from the membership for
seriously obstructing the organization s business misappropriating the organizations name
misappropriating the organization s funds and acting in a way that discredits the organization
Page lof8
33782
This same email directed members to a publicly accessible website which repeated these false
claims (Writing II)
ll Jurisdiction
2 This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15000
ill Parties
3 The Plaintiff Ms ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County Florida She is a small business owner She was and
asserts that she remains acting president of the AoF She has served as a board member the vice
president and the legal director of the AoF She resides at 5963 Lake Victoria Drive Lakeland
FL 33813
4 Defendant Mr ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County F lorida This party is or was a member of the Board and
signed Writings I and II This party resides at 4303 S MacDili Ave Tampa FL 33611-1940
5 Defendant Ms TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6411 93rd Terrace 4901 Pinellas Park FL
6 Defendant Ms NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County Florida Thi s party is or was a member of the Board and signed
Writings I and II This party resides at 4704 Lakewood Drive Seffner FL 33584
7 Defendant Mr STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County Florida This party is or was a member of the Board and signed
Page 2 of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
ELLE~BETH WACHS
Plaintiff 11 15545 Case No ---------------- shy
ED GOLLOBITH TRACY THOMAS N AN OWENS STEVE BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON ECEIVE
Defendants DEC 05 2011 ------------------------------------~I
CLER 01= C R ~GIT COURT HILLSBO U H --OUI TY FL
COMPLAINT FOR DEFAMATION
I Introduction
1 This action for defamation is brought by the Plaintiff Ms ELLENBETH WACHS
against the Defendants ED GOLLOBITH TRACY THOMAS NAN OWENS STEVE
BROWN MATT COOPER GLORIA JULIUS STEVE MILES and JAMES PETERSON Ms
WACHS was and asserts that she legally remains the acting president of Atheists of Florida
Inc a Florida Non Profit Corporation (the AoF) The Defendants are or were at the time of the
subject defamation members of the board of directors of the AoF (the Board) This action
arose from an email (Writing f) sent on November 6 2011 by the Defendants to the AoF
membership falsely accusing the Ms WACHS of impropriety and criminal behavior
Specifically this email stated that the Plaintiff has been expelled from the membership for
seriously obstructing the organization s business misappropriating the organizations name
misappropriating the organization s funds and acting in a way that discredits the organization
Page lof8
33782
This same email directed members to a publicly accessible website which repeated these false
claims (Writing II)
ll Jurisdiction
2 This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15000
ill Parties
3 The Plaintiff Ms ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County Florida She is a small business owner She was and
asserts that she remains acting president of the AoF She has served as a board member the vice
president and the legal director of the AoF She resides at 5963 Lake Victoria Drive Lakeland
FL 33813
4 Defendant Mr ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County F lorida This party is or was a member of the Board and
signed Writings I and II This party resides at 4303 S MacDili Ave Tampa FL 33611-1940
5 Defendant Ms TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6411 93rd Terrace 4901 Pinellas Park FL
6 Defendant Ms NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County Florida Thi s party is or was a member of the Board and signed
Writings I and II This party resides at 4704 Lakewood Drive Seffner FL 33584
7 Defendant Mr STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County Florida This party is or was a member of the Board and signed
Page 2 of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
33782
This same email directed members to a publicly accessible website which repeated these false
claims (Writing II)
ll Jurisdiction
2 This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15000
ill Parties
3 The Plaintiff Ms ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County Florida She is a small business owner She was and
asserts that she remains acting president of the AoF She has served as a board member the vice
president and the legal director of the AoF She resides at 5963 Lake Victoria Drive Lakeland
FL 33813
4 Defendant Mr ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County F lorida This party is or was a member of the Board and
signed Writings I and II This party resides at 4303 S MacDili Ave Tampa FL 33611-1940
5 Defendant Ms TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6411 93rd Terrace 4901 Pinellas Park FL
6 Defendant Ms NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County Florida Thi s party is or was a member of the Board and signed
Writings I and II This party resides at 4704 Lakewood Drive Seffner FL 33584
7 Defendant Mr STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County Florida This party is or was a member of the Board and signed
Page 2 of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
Writings I and II This party resides at 11640 Shipwatch Drive Villa 1431 Largo FL 33774shy
3742
8 Defendant Mr MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 15636 Eastboum Drive Odessa FL 33556
9 Defendant Ms GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6382 18th Street NE St Petersburg FL 33702
10 Defendant Mr STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County Florida This party is or was a member of the Board and signed
Writings I and II This party resides at 6308 N W 136th Street Gainesville FL 32606
11 Defendant Mr JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County Florida This party is or was a member of the Board and
signed Writings I and II This party resides at 6814 Charlotte Harbor Way Tampa FL 33425
IV The Defamatory Writings
12 Writing I the first defamatory writing was sent collectively by all the Defendants via
email on November 6 2011 at 6 05 PM to the mailing list of the AoF approximately 200
individuals Writing I stated
The Board voted to remove EllenBeth Wachs as Vice President of the Organization Additionally [she has] been expelled from the membership for seriously obstructing the organization s business misappropriating the organizations name misappropriating the organizations funds and acting in a way that discredits the organization Meanwhile please keep abreast of the latest Atheists of Florida developments on our temporary website at wwwmetrodirectnetlaof
Writing I was signed
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
Ed Golly Chair and acting President Tracy Thomas Secretary Nan Owens Treasurer Steve Brown Member of the board Matt Cooper Member of the board Gloria Julius Member of the board Steve Miles Member of the board James Peterson Member of the board
Note that Ed Golly in the list above is an alias used by the Defendant ED GOLLOBITH
13 Writing II the second defamatory writing was posted (still available as of November 29
2011) on a public website to which Writing I aftirmatively directed AoF members As quoted
above that link is http wwwmetrodirectnetlaof That website repeats the defamation
EllenBeth Wachs [has] been expelled from the membership for seriously obstructing the organizations business misappropriating the organization s name misappropriating the organizations funds and acting in a way that discredits the organization
Writing II again specifically names each of the Defendants and also calls them Signatories It
also lists three other Board members as Non Signatories Writing II has remained up and
available for any Internet users who might search for the AoF The website wwwmetrodirectnet
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v Falsity
14 The assertions III Writing I and Writing II that Ms WACHS obstructed the AoF s
business misappropriated its name and funds and discredited the AoF are entirely false
VI Publication to Third Parties
15 Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II
16 Writing II was made and remains pubJicaly available to all Internet users who might seek
information regarding the AoF The Ledger a prominent newspaper in Ms WACHS hometown
Page 4 of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
of Lakeland Polk County Florida quoted Writing II in an article written November 7 2011
publicizing the Defendants defamatory statements to thousands of readers The article states
The action involving Wachs the vice president came Sunday morning at a
board meeting Posted on the website Monday [she has] been expelled from the
membership for seriously obstructing the organizations business misappropriating
the organizations name misappropriating the organizations funds and acting In a
way that discredits the organization [emphasis added]
VIT Injunction
17 It is appropriate and Ms WACHS moves that this Court declare an immediate injunction
pending the outcome of the his case requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms WACHS made
in Writings I and II
VIII Inj ury to Plaintiff and Damages
18 The Defendants engaged in defamation per se when they falsely accused Ms WACHS of
misappropriating the AoFs name and funds and obstructing and discrediting the AoF The
Defendants statements accused Ms WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization The
Defendants statements amount to defamation per se and Ms WACHS injury is presumed
19 Regardless Writing I and Writing II clearly expose Ms WACHS to hatred contempt
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business misappropriated its name and funds and discredited the
organization
Page 5 of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
20 As a proximate result of the Defendants defamatory writings Ms WACHS has suffered
loss of her reputation shame mortification and injury to her feelings Further she has expended
much time away from tending her business to combat the Defendants false statements All this
is to her damage in the total amount of$100000
21 In alterative or addition to negligence the Defendants published Writings I and II with
malice with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false with hatred and ill will towards Ms WACHS and seeking to
destroy her reputation Because of the Defendants malice Ms WACHS seeks punitive
damages in the total amount of$100000
IX Joint and Several Liability
22 Because the Defendants acted in concert as is shown by their names listed at the bottom
of Writings I and II they are jointly and severally liable for damages
WHEREFORE the Plaintiff Ms ELLEN BETH WACHS demands judgment against the
Defendants jointly and severally
1 Compensatory damages in the amount of $100000
2 Punitive damages of in the amount of $100000
3 Interest as allowed by law
4 Reasonable attorneys fees costs and expenses
5 Immediate Injunctive relief in the Defendants ceasing of all dissemination of the
defamatory statements and
6 Such other and further relief as this court may deem just and proper
Page 6 of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
I ElienBeth Wachs do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge
information and belief is based upon my personal knowledge and is true and correct
Dated 0+Ic IJ ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN Steve 11640 Shipwatch Drive Villa 1431 Largo FL 33774-3742 727 595-4864 brownsteveverizonnet
COOPER Matt 15636 Eastbourn Drive Odessa FL 33556 813 920-0231 mattprogressgmaiLcom Cell 626 808-7490
GOLLOBITH Ed 4303 S MacDil1 Ave Tampa FL 33611-1940 813 839-7567 Edgollystudioaolcom Cell 813 325-9139
JULIUS Gloria 6382 18th Street NE St Petersburg FL 33702 727 525-1446 glojuliusmsncom
MILES Steven 6308 NW 136th Street Gainesville FL 32606 352 332-1727 smileschemufledu
OWENS Nan 4704 Lakewood Drive Seffner FL 33584 813 662-6612 nanowensix netcomcom Cell 813 424-2558
PETERSON Jim 6814 Charlotte Harbor Way Tampa FL 33425 813 531-8138 jamestpij net Cell 727 271-3549
THOMAS Tracy 6411 93rd Terrace 4901 Pinellas Park FL 33782 727 235-3220 mschachatampabayrrcom
Page8of8