BidZirk LLC et al v. Smith

Filing 45

MOTION to Amend/Correct 1 Complaint by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/23/2006 (Attachments: # 1 Exhibit # 2 Exhibit)No proposed order(Elwell, Kevin)

BidZirk LLC et al v. Smith

Doc. 45 Att. 2

6:06-cv-00109-HMH

Date Filed 06/05/2006

Entry Number 45-3

Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION BIDZIRK, LLC, DANIEL G. SCHMIDT, III, and JILL PATTERSON, ) ) ) Plaintiffs, ) ) v. ) ) PHILIP J. SMITH, ) ) Defendant. ) ____________________________________

Civil Action No. 6.06-CV-109-HMH AMENDED COMPLAINT Jury Trial Demanded

COMES NOW BidZirk, LLC ("BidZirk"), Daniel G. Schmidt, III ("Schmidt") and Jill Patterson ("Patterson"), Plaintiffs in the above-captioned action, and make and file this their amended complaint, and show the Court as follows: FOR A FIFTH CAUSE OF ACTION- Defamation 37. Plaintiffs reallege and incorporate by reference the allegations set forth in Paragraphs 1-36 of their original complaint as though set forth fully herein. 38. The Court may exercise jurisdiction over Plaintiffs' claim for defamation through the Court's inherent supplemental jurisdiction.

Dockets.Justia.com

6:06-cv-00109-HMH

Date Filed 06/05/2006

Entry Number 45-3

Page 2 of 6

39. Since Plaintiffs' initial complaint was filed, Defendant published and continues to display statements on his blog that tend to impeach the honesty, integrity, virtue or reputation of Plaintiffs, which caused and continue to cause injury to Plaintiffs' business or profession. Defendant's publication alleges that Plaintiffs improperly tampered with Google.com search results to prevent internet users from viewing Defendant's article. See Exhibit 1. 40. Plaintiffs own and operate a well-known company in Greenville and other areas, and enjoy a strong reputation for fair dealing. 41. Defendant's statements were published with actual or implied malice, and with the intent wantonly to injure Plaintiffs in their business or profession. 42. Defendant's statements are false, and were published on the internet, at a publicly-accessible website, www.jackwhispers.blogspot.com, during May 25, 2006 and thereafter. 43. Plaintiffs have suffered and are entitled to recover special damages in an amount to be proved at trial, and have suffered damages in the form of embarrassment, humiliation and mental injury as a result of the injury to his reputation inflicted by Defendant's publication of defamatory statements.

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6:06-cv-00109-HMH

Date Filed 06/05/2006

Entry Number 45-3

Page 3 of 6

PLAINTIFFS DEMAND A TRIAL BY JURY ON ALL ISSUES SO TRIABLE. WHEREFORE, BidZirk, Schmidt and Patterson pray: (a) that Plaintiffs have judgment against Defendant for defamation as set forth in Count V of their amended complaint , in an amount to be proven at trial; (b) (c) (c) that all costs of this action be cast upon Defendant; for a trial by jury; and for such other and further relief as the Court deems mete and just. This 5th day of June, 2006. /s/ Kevin M. Elwell _________________________ KEVIN M. ELWELL USDC Bar No. 9706 K.M. ELWELL, P.C. 111 East North Street Greenville, South Carolina 29601 [phone] [phone] e-facsimile [e-mail] Attorneys for Plaintiffs BidZirk, LLC, Daniel G. Schmidt, III and Jill Patterson

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6:06-cv-00109-HMH

Date Filed 06/05/2006

Entry Number 45-3

Page 4 of 6

Exhibit 1, p.1

6:06-cv-00109-HMH

Date Filed 06/05/2006

Entry Number 45-3

Page 5 of 6

Exhibit 1, p.2

6:06-cv-00109-HMH

Date Filed 06/05/2006

Entry Number 45-3

Page 6 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION BIDZIRK, LLC, DANIEL G. SCHMIDT, III, and JILL PATTERSON, Plaintiffs, v. PHILIP J. SMITH, Defendant. ____________________________________ ) ) ) ) ) ) ) ) ) )

Civil Action No. 6:06-CV-109-HMH CERTIFICATE OF SERVICE

This is to certify that I have this day served a copy of the foregoing AMENDED COMPLAINT upon the following parties by depositing same in the United States Mail in a properly-addressed envelope with adequate postage affixed to: Philip J. Smith 601 Cleveland Street Apartment 5-C Greenville, South Carolina 29601 This 5th day of June, 2006. /s/ Kevin M. Elwell _________________________ KEVIN M. ELWELL USDC Bar No. 9706 K.M. ELWELL, P.C. 111 East North Street Greenville, South Carolina 29601 [phone] [phone] e-facsimile [e-mail] Attorneys for Plaintiffs BidZirk, LLC, Daniel G. Schmidt, III, and Jill Patterson