Why the fascination with Kimmer? #8

[lala]

Originally Posted by ixtapacheryl

Full moon? Mercury retrograde?

if you must know although i do NOT have to revel this to anyone yes i am currently employing psychic's just so they can tell when police, i mean hackers are coming
yeah thats it hackers!

[lala]

Originally Posted by ixtapacheryl

You have got to STOP THIS RIGHT NOW! I just woke up the DH with my laughing. First it was the cocktails I was mixing in the kitchen and now that I finished that - it's my hysterical laughing in the leisure room. He's getting mad at me ...

tell him he's banned to! i know he wasnt a paying memebr but i will send the bill so he can pay for the banning!!!!!!

[JustKim]

see this tactic is what I've been worried about for so long now as she is going to retaliate, and I fear she is going to retaliate against us former mods. Even though she cannot prove anything, as everything is true, she can sue anyone and really mess things up for awhile

[lala]

Originally Posted by JustKim

see this tactic is what I've been worried about for so long now as she is going to retaliate, and I fear she is going to retaliate against us former mods. Even though she cannot prove anything, as everything is true, she can sue anyone and really mess things up for awhile

you have a PM Kim

[SMP]

Originally Posted by Dottie

Probably because he went on the news and said he had never seen so much fraud on one site?

But Dottie, that is not defamation of character! Unless he said that SHE was a fraud, and opened himself up to her delaying tactics. (This case is on the fast track, right?) Do you think it will work? Unless they find her with a burning torch by the scene of a new major fire outside Corona close to Hallowe'en, I don't think she can avoid ...duh, duh, duh, dahhh ... Nov 1st!

[MissMerize]

Originally Posted by lala

EXCUSE me MM How dare you question MY photo! although you may have seen them on the Wendy's Baconator commericals i will go on record as saying that it is me! any more questions? by the way you are BANNED forever from the LALAKINS site! no refund but i will let you keep your nipple hair!

NOOOOOOOOO! Mr Bill!!!!!! Sluggo!!!!!! NOOOOOOOOOOOO!

I paid for a triple lifetime membership! I was to have access on earth, in heaven, or in hell!

[Katinsac]

lol, SMP....I agree!! She is just trying whatever to buy some time to get her story straight, doubt she can as she has too many of them!!

[lala]

my friend has been evacuated from his home in LA he said that some of the fires were acts of arson things that make you go HUMMMMMMMMMM

[MissMerize]

Originally Posted by lala

tell him he's banned to! i know he wasnt a paying memebr but i will send the bill so he can pay for the banning!!!!!!

how will I steal recipes for my site? I mean be inspired by ...........

[lala]

Originally Posted by MissMerize

NOOOOOOOOO! Mr Bill!!!!!! Sluggo!!!!!! NOOOOOOOOOOOO!

I paid for a triple lifetime membership! I was to have access on earth, in heaven, or in hell!

well you are now banned on earth heaven and hell! but i was gracious enough to allow you to keep your nipple hair isnt that enough for you PEOPLE!

[ixtapacheryl]

Originally Posted by JustKim

see this tactic is what I've been worried about for so long now as she is going to retaliate, and I fear she is going to retaliate against us former mods. Even though she cannot prove anything, as everything is true, she can sue anyone and really mess things up for awhile

She has NO case against the mods.... for what? As soon as you figured out she was a fraud you were out of there. Don't worry your cute little head about that! She's got enough on her plate without worrying about her former volunteers (unpaid).

[Mayberryfan]

----------------------C O U N T E R S U I T-------------------------

RE: Defamation of character of Kimmer aka "The Kimmer"

Representing the plaintiff - Dr. Mark, esquire and his trusty pair-o'leeegal Tippy Toes.

Note: Kimmer would have represented herself, but everyone knows she could never pass a bar...uhmm the bar, that is.

Plaintiff claims an attorney, John Tiedt, aka the Hidey-hater, aka Ducky (could be, who knows? ) is out to defame said plaintiff and in general ruin her life. Well, Kimmer don't roll like that, so she's suing, ya dig?

Character affidavits:

Singinglass - Well, I'm psychic, so I totally knew this was going to happen. I think Kimmer is awesome. I've lost lots of weight and my hair was too damn thick anyway. Kimmer has saved me tons of time I used to spend combing and blow-drying.

Dr. Mark - *takes off lawyer suit and dons scrubs* Listen to me because I am a doctor, okay? I've made a thourough examination of Kimmer's character (online) and have given her my stamp of approval. Health-wise, she's got some glands or organs out of whack...I need to go to WebMD for specifics, but just take my word for it! I'm a doctor, remember?! Kimmer has a healthy character and isn't guilty of anything wrong. (My bonus check is in the mail, right?)

FitnessGuru - *huffing and puffing* Hey, Kimmer is totally dedicated to fitness and has killer glutes. After all, she has to have something strong to sit on while she's online 18-20 hours per day helping people, okay! Kimmer has good biceps too. Hey, lifting those extra large pkgs of sugar cookies at the store 3-4 times per week is a workout!

Tippy Toes - Well, y'all kno how I feeul about Kimmer. She's just the bestest evur. I meeen, how miny peepul woulld give me such a prest-tihjus job as PR Direcktor? At her own websitte? That's frendship, if you askes me. I don't carre whether she's still fat or not. KimkinsAtkinsKimkinsAtkins wurks for me. She's gudder than anyone of them LCF haters.

[SMP]

Originally Posted by MissMerize

Is it just me or does that head look photoshopped?

Absolutely not! That's a cut-and-paste job if I ever saw one!

[MissMerize]

Originally Posted by lala

well you are now banned on earth heaven and hell! but i was gracious enough to allow you to keep your nipple hair isnt that enough for you PEOPLE!

I've been forced to transplant my nipple hair to my head

[lala]

Originally Posted by SMP

Absolutely not! That's a cut-and-paste job if I ever saw one!

YOU have been banned too!! cut and paste! GRRRR how dare you you dont need to knwo my bra size or what kind of toilet paper i use to put YOUR health in my hands!

Gosh when will you people ever learn

[lala]

Originally Posted by MissMerize

I've been forced to transplant my nipple hair to my head

I did not give you Permission to do that
im calling my attorney………..
Anyone know TT number?

[Grizzy]

Originally Posted by ixtapacheryl

Very good point!

My husband just said that her latest tactic is strictly a "dodge" ..... muddy the waters so to speak (distract) everyone from the main issue at hand. Nope - nada - never! Won't work Heidi!

Exactly. Now she has something of substance to tell her minions at the Kimpound. Um who is suing him by the way? Kimmer? Heidi? Both? Together?

No surprise there although I cannot imagine any reputable attorney taking on a what is cleary a slapp lawsuit if he has done any research on her whatsoever. But her fast talking snake oil sales pitch might baffle the kk's for a bit longer.

[HoneyBee2]

Quote:

Originally Posted by Katinsac View Post
Sounds like she consulted with SL and TT

It sure does Kat and I guess SingingLass forgot about our discussion of this very thing on the kimkins board. It of course is no longer there because that section got deleted when Heidi went on a wonder woman rampage so it is not there anymore...but I think I have a copy....let me see..Yep, I found the first post I made after everyone was posting in a thread how Kimmer should sue for "Slander" which was driving me crazy, so after reading that over and over at kimkins, I couldn't stand it anymore and had to post. Note*This was my interpretation of the law and how it applied to kimkins or Kimmer.*
-Ms. McLurkypants your posts read like you may do this as a career, so I may be wrong in my overview, so correct my previous overview post here if it gives incorrect information.

But this is what I posted at kimkins over a month ago....and Singinglass and I went back and forth on the subject..much like the TOS. I think she mentioned something about someone could say Kimmer was an alien with a tail (not kidding) but I can't recall exactly how her rebuttal went. It was not that memorable, except for the humor I found in it.

I am not an attorney but did a basic search of defamation law and wanted to add this to the discussion.

Here and in other threads we have discussed the possibility that others on the internet were committing acts of defamation. The first thing to note is that we are referring to the libel law like pdxpam pointed out. This is based on the fact that libel law is defamation by the written word (slander-is the spoken).

I have been researching if the bloggers or forums that have discussed or released personal information regarding Kimmer would be libel for such actions and this is what I have found up to this point.
The defamation (libel) law can be applied to those discussing Kimmer online only when all of the following elements are met-
1-The statements would have to be made public to others besides the person defamed- (blogs to open public-so yes)
2-It must be a false statement- (?-I don't know because it depends -on if Kimmer is Heidi and the women in the pics)
3-The statements made are clear on whom they are discussing and harm the reputation of the public (yes)
The fourth is the real important one in this case too-
4. If the person claiming to be defamed is a public figure then they must prove actual malice*(public figure-yes. Proving malice-? must prove the statements are not true)

In this situation to claim defamation we know the elements one and three, listed above have been met, but as we all have said we don't know about number two. We can't say that Kimmer is not Heidi Diaz and whether those pics are her because we don’t know Kimmer. That leaves us the issue of whether the fourth element will apply before defamation can be claimed.

Again the fourth element is the determination of whether she is considered a public figure and whether actual malice can be proven.
So is Kimmer a public figure?
From what I have been able to glean it would depend on whether her position with Kimkins would classify her as a public figure.
I know you are thinking what...she's not running for office or anything, but it seems that is the term used for those who have made themselves a part of what is conceived to be a public position which has a wide scope.

The publication of the WW article and her position as the kimkins image of success in my opinion under the scope of the law would classify her as a public figure.

So if it is determined we are talking about a public figure then what about the other aspect of the fourth element which is actual malice.....
Actual malice is when someone publishes something they know is not true or does not seek to verify if it is the truth.

Another point when a public person makes a claim of defamation then the burden of proving actual malice would fall on the person claiming the defamation (Kimmer) or her attorney actually.

I would say in this discussion of whether there can be a claim of defamation only Kimmer knows whether all the elements have been met and would act accordingly.

Lala- you were asking about background info earlier and this was part of my posts along with some TOS question/posts that got me banned. The Truth posted the PM's between SingingLass and Kimmer where Kimmer said I was "on edge"??? Did you read those? IF not the Truth blog is very insightful to how things were being handled.

[Jazlyn]

Originally Posted by Mayberryfan

----------------------C O U N T E R S U I T-------------------------

RE: Defamation of character of Kimmer aka "The Kimmer"

Representing the plaintiff - Dr. Mark, esquire and his trusty pair-o'leeegal Tippy Toes.

Note: Kimmer would have represented herself, but everyone knows she could never pass a bar...uhmm the bar, that is.

Plaintiff claims an attorney, John Tiedt, aka the Hidey-hater, aka Ducky (could be, who knows? ) is out to defame said plaintiff and in general ruin her life. Well, Kimmer don't roll like that, so she's suing, ya dig?

Character affidavits:

Singinglass - Well, I'm psychic, so I totally knew this was going to happen. I think Kimmer is awesome. I've lost lots of weight and my hair was too damn thick anyway. Kimmer has saved me tons of time I used to spend combing and blow-drying.

Dr. Mark - *takes off lawyer suit and dons scrubs* Listen to me because I am a doctor, okay? I've made a thourough examination of Kimmer's character (online) and have given her my stamp of approval. Health-wise, she's got some glands or organs out of whack...I need to go to WebMD for specifics, but just take my word for it! I'm a doctor, remember?! Kimmer has a healthy character and isn't guilty of anything wrong. (My bonus check is in the mail, right?)

FitnessGuru - *huffing and puffing* Hey, Kimmer is totally dedicated to fitness and has killer glutes. After all, she has to have something strong to sit on while she's online 18-20 hours per day helping people, okay! Kimmer has good biceps too. Hey, lifting those extra large pkgs of sugar cookies at the store 3-4 times per week is a workout!

Tippy Toes - Well, y'all kno how I feeul about Kimmer. She's just the bestest evur. I meeen, how miny peepul woulld give me such a prest-tihjus job as PR Direcktor? At her own websitte? That's frendship, if you askes me. I don't carre whether she's still fat or not. KimkinsAtkinsKimkinsAtkins wurks for me. She's gudder than anyone of them LCF haters.

ok..seriously..I am laughing out loud. My husband is going to have me committed. Now I shall have to sue you.

[OhYeahBabe]

Originally Posted by lala

look a new gift for heidi so she can save all the left over money from this scandle!

Beautiful, Lala! I thought of Kimmer tonight at the grocery store. I was looking at goldfish crackers for my son, and next to them was a store brand equivalent. Guess what shape they were? Guess!

(Ducks)

[susique333]

Originally Posted by JustKim

see this tactic is what I've been worried about for so long now as she is going to retaliate, and I fear she is going to retaliate against us former mods. Even though she cannot prove anything, as everything is true, she can sue anyone and really mess things up for awhile

Heidi is a stinker and she isnt going to go down without a fight. Im sending all the former mods positive thoughts tonight. None of us asked for this nightmare, that woman is a witch!

[lala]

Originally Posted by HoneyBee2

Quote:
Lala- you were asking about background info earlier and this was part of my posts along with some TOS question/posts that got me banned. The Truth posted the PM's between SingingLass and Kimmer where Kimmer said I was "on edge"??? Did you read those? IF not the Truth blog is very insightful to how things were being handled.

yeah i read it but i read so many of those i didnt even remember until right now! thanks

[MJR]

Originally Posted by Mayberryfan

----------------------C O U N T E R S U I T-------------------------

RE: Defamation of character of Kimmer aka "The Kimmer"

Representing the plaintiff - Dr. Mark, esquire and his trusty pair-o'leeegal Tippy Toes.

Note: Kimmer would have represented herself, but everyone knows she could never pass a bar...uhmm the bar, that is.

Plaintiff claims an attorney, John Tiedt, aka the Hidey-hater, aka Ducky (could be, who knows? ) is out to defame said plaintiff and in general ruin her life. Well, Kimmer don't roll like that, so she's suing, ya dig?

Character affidavits:

Singinglass - Well, I'm psychic, so I totally knew this was going to happen. I think Kimmer is awesome. I've lost lots of weight and my hair was too damn thick anyway. Kimmer has saved me tons of time I used to spend combing and blow-drying.

Dr. Mark - *takes off lawyer suit and dons scrubs* Listen to me because I am a doctor, okay? I've made a thourough examination of Kimmer's character (online) and have given her my stamp of approval. Health-wise, she's got some glands or organs out of whack...I need to go to WebMD for specifics, but just take my word for it! I'm a doctor, remember?! Kimmer has a healthy character and isn't guilty of anything wrong. (My bonus check is in the mail, right?)

FitnessGuru - *huffing and puffing* Hey, Kimmer is totally dedicated to fitness and has killer glutes. After all, she has to have something strong to sit on while she's online 18-20 hours per day helping people, okay! Kimmer has good biceps too. Hey, lifting those extra large pkgs of sugar cookies at the store 3-4 times per week is a workout!

Tippy Toes - Well, y'all kno how I feeul about Kimmer. She's just the bestest evur. I meeen, how miny peepul woulld give me such a prest-tihjus job as PR Direcktor? At her own websitte? That's frendship, if you askes me. I don't carre whether she's still fat or not. KimkinsAtkinsKimkinsAtkins wurks for me. She's gudder than anyone of them LCF haters.

(as I spew my Meatini)