I guess that yes or no question was a bit tricky, eh?
I don't know if they are or not. Legal threats have been made "agin" me since 2015. Hunt said SFRX was investigating to see if I caused damage, and Kyle even murmured something at one of the hearings "alleging" I did hurt the company. I just wanted to know if you were one of the ones mentioned in Hunt's letter.
I find it amusing that SFRX filed an Emergency Motion in the current lawsuit and the Amazing Blogger had to be stopped IMMEDIATELY. I still think it was because Big Buc found out it wasn't a recovery permit and there was no 3 item agreement and promise of a recovery permit.
From Cliffy Hunt, ESQ.....
We have not discounted the possibility that your motivation for defaming the Company and Mr. Kennedy includes nefarious intent for financial gain. We are currently investigating whether the price of the Company's common stock has been affected by your defamatory posts on the Investors' Hub website. As you may be aware, SEC Rule lOb-5 provides that: "It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course ofbusiness which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." 17 C.R.R. 240.10b-5. Conduct designed to manipulate the market for the stock of any publicly traded company is deemed a scheme or artifice to defraud and constitutes a violation of Exchange Act, Section lO(b) and SEC Rule 10b-5. In the event that you do not immediately terminate your campaign of defamation against the Company and Mr. Kennedy, they intend to file a lawsuit against you and seek damages, including punitive damages. In the context of such litigation, my clients will serve discovery upon you to obtain your securities account trading records to determine whether you are trading the Company's stock in connection with your unlawful tortious conduct. As you are aware, the Company has sued one of your acquaintances for libel and has obtained injunctive relief for the same type of conduct in which you are presently engaged. Several other shareholders of the Company have expressed an interest in suing you for your unlawful conduct. However, they are presently waiting to see whether you will respond favorably to this demand that you terminate your defamatory campaign against the Company and Mr. Kennedy.
In reading this letter you may be thinking that because you are posting on the Internet, perhaps Florida law does not apply to you. Rest assured that Florida courts have considered tortious conduct like yours toward the citizens of this state occurring via the Internet. In Internet Solutions Corporation v. Marshall, 39 So.3d 1201 (Fla. 2010), the Supreme Court of Florida determined that an out-of-state Internet blogger was subject to the jurisdiction of Florida courts pursuant to our long-arm jurisdiction statute, Fla. Stat. § 48.193(1)(b) (2016).
As stated above, the Company and Mr. Kennedy hereby demand that you immediately terminate, cease and desist all libelous and defamatory conduct toward them. If there is one more false, misleading, libelous and/or defamatory post about them on any message board or in any medium whatsoever, they intend to file a lawsuit against you and all persons or entities acting in concert or participation with you and to pursue every remedy available to them under applicable law. To the extent that you are being bankrolled by any third party person or entity for the trolling/unlawful conduct in which you are engaging on the Investors' Hub website or any other site, we will discover such third party's identity and they will become a defendant in a lawsuit for harming a Florida company and citizen. To the extent that you choose to disregard the cease and desist demand in this letter, please advise whether the address above is an address where we can serve the summons and complaint (lawsuit) on you or whether there is an attorney who will accept service for you.
Thank you for your kind attention to this matter.
Sincerely,
LAW OFFICE OF CLIFFORD J. HUNT, P.A.
Clifford J. Hunt, Esquire
Quote:So shareholders are going to file a class action lawsuit against you and your complaint is that they haven't done it yet.
I don't know if they are or not. Legal threats have been made "agin" me since 2015. Hunt said SFRX was investigating to see if I caused damage, and Kyle even murmured something at one of the hearings "alleging" I did hurt the company. I just wanted to know if you were one of the ones mentioned in Hunt's letter.
I find it amusing that SFRX filed an Emergency Motion in the current lawsuit and the Amazing Blogger had to be stopped IMMEDIATELY. I still think it was because Big Buc found out it wasn't a recovery permit and there was no 3 item agreement and promise of a recovery permit.
From Cliffy Hunt, ESQ.....
We have not discounted the possibility that your motivation for defaming the Company and Mr. Kennedy includes nefarious intent for financial gain. We are currently investigating whether the price of the Company's common stock has been affected by your defamatory posts on the Investors' Hub website. As you may be aware, SEC Rule lOb-5 provides that: "It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course ofbusiness which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." 17 C.R.R. 240.10b-5. Conduct designed to manipulate the market for the stock of any publicly traded company is deemed a scheme or artifice to defraud and constitutes a violation of Exchange Act, Section lO(b) and SEC Rule 10b-5. In the event that you do not immediately terminate your campaign of defamation against the Company and Mr. Kennedy, they intend to file a lawsuit against you and seek damages, including punitive damages. In the context of such litigation, my clients will serve discovery upon you to obtain your securities account trading records to determine whether you are trading the Company's stock in connection with your unlawful tortious conduct. As you are aware, the Company has sued one of your acquaintances for libel and has obtained injunctive relief for the same type of conduct in which you are presently engaged. Several other shareholders of the Company have expressed an interest in suing you for your unlawful conduct. However, they are presently waiting to see whether you will respond favorably to this demand that you terminate your defamatory campaign against the Company and Mr. Kennedy.
In reading this letter you may be thinking that because you are posting on the Internet, perhaps Florida law does not apply to you. Rest assured that Florida courts have considered tortious conduct like yours toward the citizens of this state occurring via the Internet. In Internet Solutions Corporation v. Marshall, 39 So.3d 1201 (Fla. 2010), the Supreme Court of Florida determined that an out-of-state Internet blogger was subject to the jurisdiction of Florida courts pursuant to our long-arm jurisdiction statute, Fla. Stat. § 48.193(1)(b) (2016).
As stated above, the Company and Mr. Kennedy hereby demand that you immediately terminate, cease and desist all libelous and defamatory conduct toward them. If there is one more false, misleading, libelous and/or defamatory post about them on any message board or in any medium whatsoever, they intend to file a lawsuit against you and all persons or entities acting in concert or participation with you and to pursue every remedy available to them under applicable law. To the extent that you are being bankrolled by any third party person or entity for the trolling/unlawful conduct in which you are engaging on the Investors' Hub website or any other site, we will discover such third party's identity and they will become a defendant in a lawsuit for harming a Florida company and citizen. To the extent that you choose to disregard the cease and desist demand in this letter, please advise whether the address above is an address where we can serve the summons and complaint (lawsuit) on you or whether there is an attorney who will accept service for you.
Thank you for your kind attention to this matter.
Sincerely,
LAW OFFICE OF CLIFFORD J. HUNT, P.A.
Clifford J. Hunt, Esquire
