Thursday, November 03, 2005

Fort Bend Star Report (from one perspective/opinion again)

We found this editorial on http://www.thewebbie.com. We compliment its author:

03 Nov 2005 10:48:29 am
Fort Bend Star
In my opinion the Fort Bend Star is trash. I won't even use it to line the bottom of my bird cage!!!!

http://www.fortbendstar.com/110205/n_Sienna%20blogger%20admits%20to%20using%20many%20aliases.htm

As usual Barbara Fulenwider reports a one sided view! Why? Could it be that SJD spends thousands of dollars advertising in her rag? Barbara Fulenwider has never contacted me or my attorneys to get our side of the story. Barbara Fulenwider has never followed up to verify facts. In this case she is too lazy to even write her own story! She quotes someone else's one sided statements and forgets that there were replies to the commentary of Doug Goff...

Anyone remeber the "Tree Hugger" Article??
http://www.fortbendstar.com/Archives/2005_3q/070605/n_Tree%20huggers%20vs.%20developers%20in%20Mo%20City.htm

Barbara Fulenwider is not a real reporter. Real reporters check their facts and seek the truth. Her paper can not (in my OPINION) be considered anywhere near journalistic. I get more useful information from the "Star" at the checkout counter. For real reporting see http://www.starmagazine.com/

Maybe she will get reprimanded by the court like SDJ and their attorneys will be for reporting confidential information from a confidential deposition. Let me correct some errors..

Quote :
On Oct. 17, Calvin and Feinberg were deposed in Calvin’s lawyer’s office in Sugar Land and the next step, Keville said, is “to consider our options in what to do regarding Mr. Calvin.” The crux of the matter, Keville said, was never to stop Calvin from making public statements but instead to stop him from making “untrue, inflammatory judgements and preferably not under fake identities,” -- blogger user names.


1. I was deposed on the 17th but under extreme duress under a court order by Judge Ruis. The order was give by Ruis even though there was a pending appeal. If I did not complete the deposition my and my lawyers could have been held in contempt of court.

2. Calvin was deposed on the 18th.. Not the 17th as reported.

3. Mr. Keville... with all due respect and without defending Calvin's actions.. Chris Calvin and the rest of us have a constitutional and god given right to "blog" anynoumously. This has already been decided in many other states and by the Supreme Court of the USA. Do we really need to make a case study from this and to create legal precedence in the great state of Texas? Hey.. You can be famous for being the attorney that fought against constitutional rights of free Americans.

4. SDJ has yet to prove the comments are defamatory.. To be defamatory the comments must be a false statement of fact and they must be made with malice and that it actually harms the reputation of the other person, as opposed to being merely insulting or offensive. Doug Goff may have actually been insulted but I doubt he has had harm to his reputation. Goff hurt his own reputation by pushing through with these witch hunts. The statements should be referred to as being "Alleged".. since they have not been proven.

Quote :
“Other things we were trying to find out is who made certain defamatory statements and some of that we found out and some we didn’t. We’re looking at that now as to what may be actionable and what isn’t,” Keville said.

What the hell does that mean??? Again Mr Keville.. Alleged Defamatory statements.. You have not proven the statements are defamatory.. Your behavior is quite strikingly disturbing. You could only show two cases of possible "Alleged Defamatory" statements. Mine was one of them and we already proved that it WAS NOT defamatory. The other I told you who I believed made the statements and it wasn't Calvin. What else is there?

Quote :
“The SJD has never intended to limit the free speech rights of anyone. However, the right to free speech does not include the right to defame others, and it does not, in our opinion, include the right to deceive the public,” Goff wrote.

1. Mr. Goff.. But it is ok for you and your company to hide the apartment plan for so long? For many years the apartments were not on the map, in the sales office or literature given to the public. There was not even a road sign until this past summer. The sign that WAS there said "Commercial Property". In my OPINION that was deceiving the public. And I don't care that we all signed a document stating that SDJ has the right to build what ever they want. That is not the point Mr. Keville. We did not know or was not informed of the apartment plan. Really.. who goes to the city hall and searches through all the agreements between the city and the builder??????

2. Have you seen the new Covenant for Sienna Plantation? There is specific language in there that limits fee speech and assembly in or NEAR Sienna. Check the full reply by "Right to be anynomous" at http://www.fortbendnow.com/news/317/ They (SPRAI) say in the new Covenant ”rights-of-ways within or adjacent to the Properties”. This means they want to restrict free speech in or out of Sienna. Here is Proof that SJD wants to limit free speech. Check section 2 in the new Covenant, they specifically don’t want owners to “assemble for the purpose of spreading propaganda”. “ The definition of PROPAGANDA: Material disseminated by the advocates or opponents of a doctrine or cause” They don’t want any anything expressed that opposes their views. If you read more into this you are not even allowed to have web site that opposes them. They can even use personal emails against residents. It would be easy for Sienna to enforce this rule on anyone that runs a web site or opposes their views.


Quote :
“In light of the information provided in the two depositions, SJD is now deciding whether to sue Mr. Calvin for damages and reiterates that we do not intend to sue Mr. Feinberg,” Goff wrote.

I challenge Mr. Goff again.. If you mean that you will not sue me then put it in writing. Our requests have gone unanswered for this. If you won't put it writing and file it with the courts your statements mean nothing.

Quote :
The Fort Bend Southwest Star called Jeffrey Singer’s office but the call was not returned. Singer is Calvin’s lawyer

Barbara.. But yet you have again failed to call me or my attorneys to get our side of the story. I wonder why? Barbara.. Check your facts.. YOU KEEP GETTING THEM WRONG!

I believe the best thing for SJD to is to drop this whole thing. They took something that very few people knew about (in their words Calvin was 15 out of 20 posts) and made it very very public. It will not be long until national media picks up on this. Come on Douggie.. Leave us alone. All I wanted to do was provide a community service and get people talking about community issues. If you have nothing to hide then you have nothing to worry about.

I never should have been dragged into court. My rights have been severely violated and I will continue to fight with all my might until SJD guarantees I will not be bothered again.

That's that about that!

109 comments:

  1. Anonymous11:06 AM

    These were follow up comments from www.thewebbie.com:

    Comments
    Sienna and Free Speech
    By : Right to be anynomous @ Time : 03 Nov 2005 01:45:20 pm :
    Here is the update to the Sienna Covenant. you be the judge. Are they restricting free speech? I think so.

    -1-
    SIENNA PLANTATION RESIDENTIAL ASSOCIATION, INC.
    RULES AND REGULATIONS REGARDING DISSEMINATION OF
    INFORMATION IN AREAS OF COMMON RESPONSIBILITY

    The following Rules and Regulations Regarding Dissemination of Information in
    Areas of Common Responsibility (the “Rules”) are promulgated by the Board of
    Directors of the Sienna Plantation Residential Association, Inc. (the “Association”),
    pursuant to the authority found in the Declaration of Covenants, Conditions and
    Restrictions for Sienna Plantation Residential Association, Inc., recorded under Clerk’s
    File Number 9734406 in the Official Public Records of Real Property of Fort Bend
    County, Texas (the “Declaration”) and the Articles of Incorporation of the Association,
    filed with the Texas Secretary of State on the 9th of June, 1997.
    Unless otherwise specified herein or if the context clearly indicates otherwise, the
    words used in these Rules shall have the same meaning as set forth in the Declaration.
    An Area of Common Responsibility is owned, maintained and/or controlled by
    the Association.
    Area of Common Responsibility, as defined in the Declaration, means the
    “Common Area, together with those areas, if any, which by contract or agreement
    become the responsibility of the Association. Road rights-of-ways within or adjacent to
    the Properties may be part of the Area of Common Responsibility.”
    Common Area, as defined in the Declaration, means “any and all real and
    personal property and easements and other interests therein, together with the facilities
    and improvements located thereon, now or hereafter owned by the Association for the
    common use and enjoyment of the Owners and Occupants.”
    The Association hereby adopts the following Rules:
    1. No Owner and/or such Owner’s guests, invitees or agents may
    disseminate, post, or otherwise display or distribute any written information (including,
    but not limited to banners, handbills, newsletters, flyers, leaflets and the like) of any
    nature, content or kind, in or on an Area of Common Responsibility.
    2. No Owner and/or such Owner’s guests, invitees, or agents may engage in
    any of the following activities in any Area of Common Responsibility: (a) picketing, (b)
    otherwise spreading propaganda, (c) using sound and/or voice amplifying devices
    (including, but not limited to microphones, amplifiers, or other similar devices), and/or
    (d) causing or encouraging persons to assemble for the purpose of spreading propaganda;
    provided, however, any such activities listed in this Section 2 shall be permitted so long
    as such activities are commenced in furtherance of a Community Sanctioned Event, as
    defined below.3. A Community Sanctioned Event shall mean an event or activity approved
    by the Board of Directors and/or General Manager of the Association, which event or
    activity is (i) a fundraising, charity, pledge, drive or similar event sponsored and/or
    organized by the Association, the Declarant, other organization approved by the
    Association, or an organization defined under Section 501(c)(3) or 501(c)(4) of the
    Internal Revenue Code, or their successor statutes, or (ii) sponsored and/or organized by
    the Association for the benefit and/or enjoyment of the Owners and/or the community.
    4. The determination of whether an Owner or such Owner’s guests, invitees,
    or agents are in violation of these Rules shall be made by the Board of Directors of the
    Association and/or the General Manager of the Association, in their sole and absolute
    discretion.
    5. If an Owner or such Owner’s guests, invitees, or agents engage in activity
    prohibited by these Rules, the Association, pursuant to and to the extent of the authority
    granted in the Declaration may, take one or more of the following actions:
    (a) suspend the enjoyment rights of such Owner with respect to the
    Common Areas for any period not to exceed sixty (60) days subject to notice that may be
    required by applicable law;
    (b) consider a person who enters upon and is present in an Area of
    Common Responsibility for a purpose in violation of these Rules a trespasser;
    (c) impose fines, upon notice and opportunity to cure as may be
    required by Texas law; and/or
    (d) remove and/or dispose from the Areas of Common Common
    Responsibility any items that are placed and/or posted in the Areas of Common
    Responsibility in violation of these Rules; in doing so the Association or its agents shall
    not be subject to any liability for trespass, other tort or damages in connection with or
    arising from such removal and/or disposal nor in any way shall the Association or its
    agent be liable for any accounting or other claim for such action.
    6. “Owner” shall not include the Association, the Declarant, or any of their
    respective agents, successors, designees, replacements or assigns.
    **Talking with a real expert on this!***
    By : spider_man @ Time : 03 Nov 2005 02:01:47 pm :
    Found this on MissouriCityChatter.blogspot.com today:

    InternetImposter said...

    Just wanted to let everyone know we were able to get through to Professor Pring, one of the definitive text authors/researchers, national experts on SLAPP cases from Colorado. He was able to give us some advice on our case and helped us to understand the proper strategies needed to be implemented here. It didn't seem, after the conversation, that there was any doubt that this is in fact a SLAPP case and that the disparagement claim being played out in the press is the "camouflage" case.

    Pring is well published nationally and internationally on this topic and has testified on numerous cases, many at the state and national supreme court level.--Just thought you all should know.

    10:30 AM

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  2. Anonymous11:06 AM

    This comment has been removed by a blog administrator.

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  3. Anonymous11:08 AM

    This comment has been removed by a blog administrator.

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  4. Anonymous1:50 PM

    Looks like you guys are getting bombarded again by the ad kings. I wonder why?

    ReplyDelete
  5. Anonymous2:11 PM

    Sounds like the PR office for our local nemesis just visited. Yes you are welcome here too in "Free Speech Alley" just stay on topic and welcome to our new found friends from Sugar Land (right it is Sugar Land--right?).

    While your at it here's one that will get you roaring from FortBend Now.com:

    http://www.fortbendnow.com/opinion/351/an-open-letter-to-the-missouri-city-mayor
    and if that isn't enough here is a good lawyer joke for your friend JK:

    Q: What's the difference between a good lawyer and a bad lawyer?

    A: A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer.
    . . . ;-) (John the emoticon is representative of humor--ok?)...

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  6. Anonymous3:36 AM

    For those of you following this, here is the latest court report from the home team (homeowners in Sienna) and the visitors (JDC/SJD). Another appeal has been filed by the constitutional attorneys with the Texas Appeals Court, which over-sees this region of TX:

    Docket Entries

    Filing Date Description Name Monetary
    03-AUG-2005
    01:22 PM NEW DISTRICT CIVIL CASE FILED KEVILLE, JOHN
    Entry: none.

    03-AUG-2005
    01:22 PM STYLE OF CASE KEVILLE, JOHN
    Entry: IN RE SIENNA/JOHNSON DEVELOPMENT, PETITIONER.

    03-AUG-2005
    01:22 PM ORIGINAL CIVIL PETITION KEVILLE, JOHN
    Entry: PETITIONER SIENNA/JOHNSON DEVELOPMENT'S VERIFIED PETITION TO TAKE DEPOSITION BEFORE SUIT

    03-AUG-2005
    01:22 PM ISSUE PROCESS
    Entry: none.

    03-AUG-2005
    01:22 PM CONSTABLE PCT 1 SERVICE
    Entry: none.

    03-AUG-2005
    01:34 PM PAYMENT RECEIVED
    Entry: A Payment of -$248.00 was made on receipt DCHC120079.

    03-AUG-2005
    02:12 PM FAX FORM PRODUCED
    Entry: FAXED CIVIL PROCESS FORM TO OFFICE OF ATTORNEY JOHN KEVILLE ATTN BELINDA B MCMAHAN

    05-AUG-2005
    01:26 PM HEARING REQUESTED
    Entry: M/ TO TAKE DEPOSITION

    08-AUG-2005
    04:13 PM COURT'S DOCKET SHEET GENERATED
    Entry: Docket entry for the DOCKET SHEET produced from CDADOCT on 08-AUG-2005 by COKERKIM.

    19-AUG-2005
    03:59 PM ISSUE PROCESS/2
    Entry: none.

    19-AUG-2005
    03:59 PM NOTICE FILED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: NOTICE OF HEARING ON PETITIONER'S SIENNA/JOHNSON DEVELOPMENT'S PETITION TO TAKE DEPOSITIONS BEFORE SUIT

    19-AUG-2005
    03:59 PM NOTICE FILED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: NOTICE OF HEARING ON PETITIONER SIENNA/JOHNSON DEVELOPMENT'S PETITION TO TAKE DEPOSITIONS BEFORE SUIT.

    19-AUG-2005
    04:10 PM PAYMENT RECEIVED
    Entry: A Payment of -$16.00 was made on receipt DCHC122230.

    23-AUG-2005
    10:27 AM ISSUED PROCESS CALVIN, CHRIS
    Entry: Docket entry for the 03-GCIT-039478 produced from CDADOCT on 23-AUG-2005 by SALINROS. ROOM 100

    23-AUG-2005
    10:30 AM ISSUED PROCESS FEINBERG, MATTHEW
    Entry: Docket entry for the 05-GCIT-039479 produced from CDADOCT on 23-AUG-2005 by SALINROS. ROOM 100

    23-AUG-2005
    10:33 AM LETTER PRODUCED
    Entry: Docket entry for the ATTACHMENT letter produced from CDADOCT on 23-AUG-2005 by SALINROS.

    29-AUG-2005
    02:23 PM PAYMENT RECEIVED
    Entry: A Payment of -$8.00 was made on receipt DCHC122966.

    01-SEP-2005
    12:44 PM PROCESS RETURNED FEINBERG, MATTHEW
    Entry: SERVED:08-26-05

    01-SEP-2005
    12:44 PM AFFIDAVIT FILED
    Entry: AFFIDAVIT OF SERVICE RONALD HARRIS, AFFIANT

    01-SEP-2005
    12:45 PM PROCESS RETURNED CALVIN, CHRIS
    Entry: SERVED:08-26-05

    01-SEP-2005
    12:45 PM AFFIDAVIT FILED
    Entry: AFFIDAVIT OF SERVICE RONALD HARRIS, AFFIANT

    02-SEP-2005
    10:56 AM RESET REQUESTED-CASE PENDING
    Entry: none.

    02-SEP-2005
    10:59 AM HEARING REQUESTED
    Entry: none.

    08-SEP-2005
    04:27 PM ORIGINAL ANSWER FILED FEINBERG, MATTHEW
    Entry: RESPONSE TO SIENNA/JOHNSON DEVELOPMENTS VERIFIED PETITION TO TAKE DEPOSITION BEFORE SUIT MOTION TO QUASH AND MOTION FOR PROTECTIVE ORDER WITH CERTIFICATE OF CONFERENCE AND SERVICE

    09-SEP-2005
    08:09 AM AMENDED/SUPPLEMENTAL PLEADING FEINBERG, MATTHEW
    Entry: CORRECTION

    13-SEP-2005
    11:34 AM RESPONSE FILED CALVIN, CHRIS
    Entry: CHRIS CALVIN'S RESPONSE TO PETITIONER SIENNE/JOHNSON DEVELOPMENT'S VERIFIED PETITION TO TAKE DEPOSITION BEFORE SUIT WITH CERTIFICATE OF SERVICE

    14-SEP-2005
    10:27 AM OTHER DISPOSITIONS SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: ORDER ON PETITIONER SIENNA/JOHNSON DEVELOPMENT'S VERIFIED PETITION TO TAKE DEPOSITION BEFORE SUIT 1 PAGE

    21-SEP-2005
    10:24 AM RESPONSE FILED FEINBERG, MATTHEW
    Entry: TO PETITIONERS OBJECTION TO PROPOSED PROTECTIVE ORDER WITH CERTIFICATE OF SERVICE

    29-SEP-2005
    04:25 PM MOTION FILED CALVIN, CHRIS
    Entry: MOTION TO QUASH AND FOR PROTECTIVE ORDER WITH CERTIFICATE OF SERVICE

    07-OCT-2005
    12:43 PM AMENDED/SUPPLEMENTAL PLEADING CALVIN, CHRIS
    Entry: FIRST AMENDED MOTION TO QUASH AND FOR PROTECTIVE ORDER WITH CERTIFICATE OF SERVICE

    07-OCT-2005
    12:43 PM NOTICE FILED CALVIN, CHRIS
    Entry: NOTICE OF ORAL HEARING WITH CERTIFICATE OF SERVICE

    11-OCT-2005
    10:27 AM MOTION GRANTED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: PROPOSED PROTECTIVE ORDER 2 PAGES

    11-OCT-2005
    10:27 AM MOTION GRANTED CALVIN, CHRIS
    Entry: ORDER 1 PAGE ON MOTON TO QUASH AND FOR PROTECTIVE ORDER

    13-OCT-2005
    10:29 AM RESPONSE FILED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: PETITIONER'S REPLY TO RESPONDENT CHRIS CALVIN'S MOTION FOR PROTECTIVE ORDER

    13-OCT-2005
    10:29 AM OBJECTION FILED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: PETITIONER'S OBJECTION TO RESPONDENT MATTHEW FEINBERG'S PROPOSED PROTECTIVE ORDER

    13-OCT-2005
    02:34 PM JDG ORDER/NO ACCOMPANYING MTN SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: PROPOSED ORDER ON RESPONDENT MATTHEW FEINBERG'S MOTION TO QUASH 1 PAGE ORDER DENYING MATTHEW FEINBERG'S MOTION TO QUASH

    13-OCT-2005
    02:40 PM PAYMENT RECEIVED
    Entry: A Payment of -$.50 was made on receipt DCHC126648.

    17-OCT-2005
    08:01 AM APPEARANCE OF COUNSEL FEINBERG, MATTHEW
    Entry: NOTICE OF APPEARANCE

    17-OCT-2005
    08:03 AM MOTION FILED HERMER, LAURA
    Entry: PETITION TO TAKE LATE APPEAL

    17-OCT-2005
    08:03 AM NOTICE OF APPEAL/DC HERMER, LAURA
    Entry: RESPONDENT MATTHEW FEINBERG'S NOTICE OF APPEAL AND REQUEST FOR HEARING, AND EMERGENCY REQUEST FOR STAY OF ORDERS OR, IN THE ALTERNATIVE, DEPOSITIONS

    17-OCT-2005
    08:04 AM MOTION FILED FEINBERG, MATTHEW
    Entry: RECORD

    17-OCT-2005
    08:05 AM MOTION FILED HERMER, LAURA
    Entry: MOTION FOR EXPEDITED DECISION

    17-OCT-2005
    09:43 AM HEARING REQUESTED
    Entry: none.

    17-OCT-2005
    09:56 AM OBJECTION FILED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: PETITIONER'S OPPOSITION TO RESPONDENT MATTHEW FEINBERG'S NOTICE OF APPEAL AND REQUEST FOR HEARING, EMERGENCY REQUEST FOR STAY OF ORDERS, AND PETITION TO TAKE LATE APPEAL WITH CERTIFICATE OF SERVICE

    17-OCT-2005
    11:46 AM AMENDED/SUPPLEMENTAL PLEADING RUIZ, PEDRO P.
    Entry: ASSOCIATE JUDGE REPORT OF FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO DISTRICT COURT WITH CERTIFICATE OF SERVICE

    19-OCT-2005
    10:22 AM PAYMENT RECEIVED
    Entry: A Payment of -$1.00 was made on receipt DCHC126986.

    19-OCT-2005
    03:51 PM AMENDED/SUPPLEMENTAL PLEADING HERMER, LAURA
    Entry: RESPONDENT FEINBERG'S APPEAL FORM ASSOCIATE JUDGE SUPPLEMENTAL REPORT OF FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO DISTRICT COURT, AND REQUEST FOR TRIAL DE NOVO SUPPLEMENT TO OCTOBER 17, 2005, NOTICE OF APPEAL

    20-OCT-2005
    08:22 AM RESPONSE FILED SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: TO RESPONDENT MATTHEW FEINBERGS SUPPLEMENT TO OBTOBER 17, 2005 NOTICE OF APPEAL WITH CERTIFICATE OF SERVICE

    20-OCT-2005
    09:47 AM PAYMENT RECEIVED
    Entry: A Payment of -$3.00 was made on receipt DCHC127049.

    20-OCT-2005
    12:26 PM JDG ORDER/NO ACCOMPANYING MTN SIENNA/JOHNSON DEVELOPMENT LP,
    Entry: ORDER (TO RESPONDENTS NOTICE OF APPEAL AND REQUEST FOR HEARING, AND EMERGENCY REQUEST FOR STAY OF ORDERS) 1 PAGE

    21-OCT-2005
    12:13 PM PAYMENT RECEIVED
    Entry: A Payment of -$25.00 was made on receipt DCHC127274.

    24-OCT-2005
    11:21 AM HEARING PASSED
    Entry: none.

    25-OCT-2005
    01:53 PM NEW FOLDER CREATED
    Entry: FOLDER NUMBER: "2" BEGINS ON: "10-17-05".

    25-OCT-2005
    02:00 PM MOTION RETURNED/NO ACTION
    Entry: ORDER CONCERNING DEPOSITIONS 1 PAGE

    25-OCT-2005
    02:01 PM MOTION RETURNED/NO ACTION
    Entry: ORDER ON MOTION FOR EXPEDITED CONSIDERATION 1 PAGE

    25-OCT-2005
    02:01 PM MOTION RETURNED/NO ACTION
    Entry: ORDER 1 PAGE

    25-OCT-2005
    02:05 PM MOTION RETURNED/NO ACTION
    Entry: PROPOSED ORDER 1 PAGE

    25-OCT-2005
    02:05 PM MOTION RETURNED/NO ACTION
    Entry: ORDER ON APPEAL FROM ASSOCIATE JUDGE SUPPLEMENTAL REPORT OF FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS TO DISTRICT COURT 2 PAGES

    31-OCT-2005
    09:12 AM MOTION FILED FEINBERG, MATTHEW
    Entry: RELATOR'S MOTION FOR EMERGENCY RELIEF WITH CERTIFICATE OF SERVICE AND CERTIFICATE OF CONFERENCE

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  7. Anonymous4:17 AM

    Found this one at thewebbie.com:

    Did you all notice a few weeks back that the Star totally ignored the MUD-ECO scandal? Don't they get ads from them too? How can anyone not report on the biggest scandal to hit this area since Delays hair? Oh well...just some musings!

    ReplyDelete
  8. Anonymous8:49 AM

    What's wrong with Delay's hair?

    ReplyDelete
  9. Anonymous10:09 AM

    Nothing, it looks like any ex-developer types. . . :-)

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  10. Anonymous10:18 AM

    This comment has been removed by a blog administrator.

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  11. Anonymous11:20 AM

    Just wanted to say so-long to http://www.missouricitytalk.com & siennatalk.com. Two sites given up in the free speech battle with the local bully.

    Good luck with the new site Matt at www.thewebbie.com and keep the ACLU after those boys!

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  12. Anonymous1:30 PM

    This comment has been removed by a blog administrator.

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  13. Anonymous4:13 AM

    Here's one on trade mark enfringment:

    'Jackass' Sued by a Real Jack Ass.
    A Montana man has sued media giant Viacom, saying the MTV show "Jackass" plagiarized his name, infringed on the trademark and copyright o his name and defamed his good character.
    The plaintiff's name is Jack Ass. That's right, that is now his legal name. He changed his name from Bob Craft to Jack Ass in 1997, he says, in order to raise awareness about the dangers of drunken driving.

    "Jackass," which premiered on MTV in 2000, features a group of guys performing ludicrous and sometimes dangerous stunts. It was made into a movie in 2002.

    In the suit against Viacom, which owns MTV, Jack Ass claims the conglomerate "is liable for injury to my reputation that I have built and defamation of my character which I have worked so hard to create."

    This Jack Ass, not to be confused with the TV version, says he changed his name after his brother and a friend were killed in a single-vehicle car accident several years ago. He now works to promote responsible choices and designated-driver programs.

    He claims that "Jackass" committed "trademark and copyright infringement on my legal name" and on a cartoon character, called Andi Ass, that he created to help spread his message.

    He's seeking at least $10 million in damages. . . . ;-)

    Source: CNN.com.

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  14. Anonymous7:17 AM

    Thank you Matt for exposing what they based their deposition request on (these statements). Of course now that they have had the opportunity to conduct their "fishing expedition" with the local courts sanction they can search for other statements by which to make this claim (isn't discovery wonderful in TX for the rich & powerful---too bad for the middle class--justice has to be paid for):

    "What the hell does that mean??? Again Mr Keville.. Alleged Defamatory statements.. You have not proven the statements are defamatory.. Your behavior is quite strikingly disturbing. You could only show two cases of possible "Alleged Defamatory" statements. Mine was one of them and we already proved that it WAS NOT defamatory. The other I told you who I believed made the statements and it wasn't Calvin. What else is there? "

    -I wonder if the local media will pick up on this or not?

    InternetImposter

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  15. Anonymous3:35 PM

    This comment has been removed by a blog administrator.

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  16. Anonymous4:24 PM

    I noticed that Matt said ge told them who he "thought" it was that made the statement. Does that not leave him open to suit for disclosing confidential information? The court did not request that specific information (person) and he gave it up thus going against his privicy policy on the site.

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  17. Anonymous4:33 PM

    He was under oath (court order by a partial judge in a county controlled by developers from Houston). What was he supposed to do? Ck the campaign contributions and affiliations first. A plethora of material exists on money and influence in the socio-political literature on cases like these.

    Also read Pring & Canon, 1996, etc...on SLAPPs for more on corporate censorship!

    --Of course your right about one thing the developers would love to play his own members off him in a complicated mix of lawsuits. It fits the pattern of all this.

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  18. Anonymous4:35 PM

    I would like to comment on that. They asked very specific questions. They did ask for names and if you did not produce them then you were subject to contempt charges by Judge Ruiz.--first hand knowledge--

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  19. Anonymous4:39 PM

    I gave up no confidential information in my blog posts. Contrary to what you think.. I WAS ORDERED by the court to provide the information that I knew including the names of people that made posts.. I did exactly that. By order of the court.

    I am fighting to have the deposition thrown out and have the records sealed so the rights of anonymous posters can be safe.

    Matthew Feinberg

    ReplyDelete
  20. Anonymous5:18 AM

    I just wanted to warn area posters and residents of this individuals website (http://safety.websoaring.com/). He claims to be conservative but that is a misnomer when violating privacy rights on his site. If you post to his site be fore-warned. See exchange below for more (as found on http://www.thewebbie.com):

    "CCC spouts off again--
    By : InternetImposter @ Time : 05 Nov 2005 07:22:46 pm :
    I noticed you are getting bombed on your own site right now you better get back and defend yourself ccc!

    I prefer this link:

    http://www.fortbendnow.com/news/317/fight-over-apartments-could-restrict-free-speech-on-the-web

    and this one:

    http://www.fortbendnow.com/opinion/351/an-open-letter-to-the-missouri-city-mayor

    And what would you know about correlations. Most of the people involved in this effort against the apts. here in my neighborhood are from both parties (and many indep.) trying to defend their home values--when they weren't told, by your buddy boys (the fat cat repubs), that they were coming. I prefer their company to yours anyday and I'm a repub. Go siphon your traffic some place else and read a bit before you try to spout an opinion about something you no absolutely nothing about (and while your at it stand up for something some time bigger than your ego and put everything on the line for a neighbor--just once!).

    "InternetImposter"
    CCC - Why Lie? Will Censor For Beer
    By : Chris Elam @ Time : 06 Nov 2005 12:13:14 am : Email : Home
    Dear sir,

    I have never commented on the apartments fight.

    I have merely commented that you use multiple aliases to present the false impression that different people care enough about your cause, enough to leave comments on this and other blogs referencing your website.

    Something I find rather disingenuous.

    I'm not here to siphon traffic, and I'm not here to get involved in your fight against folks that I'm not associated with, or with a city where I don't reside.

    Have a lovely weekend! Get out and get some fresh air!
    CCC-response
    By : InternetImposter @ Time : 06 Nov 2005 08:05:45 am :
    Once again you display a tremendous misunderstanding of why folks back here (9-10,000 residents), 1100+ who signed off against this second set of apts back here (which we were not told about) used "unconventional" methods to communicate to the public. You simply buy into the PR spin your reading in a local paper which made a choice to run a one-sided article. Why don't you READ up on it before commenting.

    The new covenants passed by our "all-developer" residence association board issues sanctions for those who speak up in our neighborhood against the corporate diatribe here. These were passed without our input or vote (even a conservative, or pretender) should understand that.

    Just so you know where I stand on website admins exposing users of your website, I have posted your site as Not-recommended and sent it out on our nearly 2000 recipient e-mail list. I do not want you exposing an already frightened community because of this SLAPP case here in Missouri City (you might want to look that up too, SLAPP cases). Maybe if you contact JDC they will pay you to keep spinning their tripe!


    PS-I have also notified at least two other large activist group lists of your actions too. Violating confidentiality and anonymous free speech is quite a violation for a site admin.

    PPS-Most of the 270 members of the former SiennaTalk.com (all homeowners in this community) posted using anonymous logins (only 2-3 didn't that I know of---does that tell you something CCC)---through our actions we have stopped them from delaying our second fire station, gotten the sales maps updated(to current plans--that weren't updated since 1997), stopped cost shifting that was going on with the MUDs here and exposed much information that has been with-held from our community (what have you done lately?).

    PPPS-Why don't you join the developers case as a "expert witness" so your agenda can get some spotlight?

    "InternetImposter" -- and yes we enjoyed the day with our kids running around in large open spaces."

    ReplyDelete
  21. Anonymous5:52 AM

    We post so many lawyer jokes but we forgot the developer jokes (we didn't find many if that tells you of the power/influence of this group). Here's a good one:

    A Builder in Hell
    (180 total words in this text)
    (6876 reads)   

    A builder dies and reports to the pearly gates. St. Peter checks his dossier and says, "Ah sorry, you're in the wrong place." 

    So the builder reports to the gates of hell and is let in. Pretty soon, the builder gets dissatisfied with the level of comfort in hell, and starts making improvements. After a while, they've got air conditioning and flush toilets and escalators, and the builder is a pretty popular guy. 

    One day God calls Satan up on the telephone and says with a sneer, "So, how's it going down there in hell?" Satan replies, "Hey, things are going great. We've got air conditioning and flush toilets and escalators, and there's no telling what this builder is going to come up with next."

    God replies, "What??? You've got an builder? That's a mistake! He should never have gotten down there; send him up here." Satan says, "No way. I like having a builder on the staff, and I'm keeping him."

    God says, "Send him back up here or I'll sue."

    Satan laughs uproariously and answers, "Yeah, right. And just where are YOU going to get a lawyer?"

    ReplyDelete
  22. Anonymous8:49 AM

    I would like to speak to that earlier post by an obvious insider (maybe trader in all this). Mr. Feinberg's site promised not to release any information unless ordered by a court. I know because I was a member of that site and participated on it. It appears to me that he more than met his obligation and then some as I believe they are still challenging the court order through appeals. Matt, in my opinion, is a hero in this (not a scapegoat, like the developers want people to believe through their public smears).

    ReplyDelete
  23. Anonymous10:30 AM

    That joke sounds more like a lawyer joke than a developer joke.

    ReplyDelete
  24. Anonymous5:07 PM

    Thought you all might like to see a distortion of information based on the Star article taken as fact by a local self professed conservative website run by Chris Elam (won't share the site name as to advertise for them). Here it is--see commentary below it:


    "There are some real life situations that have occurred here in Fort Bend County in the past couple of years that have illustrated the danger of folks sending out anonymous messages or comments. First, was the advocacy e-mail sent out from Norm Mason's e-mail host, which Eric Thode publicly identified. Second, was the admission under deposition by local resident Chris Calvin, that he made comments on local blogs under as many as 15 different aliases - comments that Sienna Plantation developers viewed as inflammatory."

    -Comments-Notice he is claiming to have some sort of first hand knowledge of the deposition transcript, which he doesn't, and he misquotes even the papers numerical report and doesn't address the other 270 anonymous posters from that site or the thousands involved here locally in this grass-roots effort.

    I can only guess that he is ignorant of SLAPP cases and the common smear tactics used in them by developers or he chooses to remain ignorant of the facts. He hasn't even tried to get a copy of the transcript to see what was actually said. He justs misquotes the lop-sided/misguided (SP Ad supported) article from the Star as he blogs from the Sugar Land WiFi area.--I would suggest that the former aggie, naive republican, conduct legitimate research into what is going on in Missouri City before pretending to know. We wish him luck!

    ReplyDelete
  25. Anonymous5:22 PM

    Blog wars--

    -Notice the change of policy at the above site to expose those he disagrees with (be warned if you visit Elam's site) that you could be posted:

    From Elam's new policy

    "3) Anyone misusing the member system will have their ID deleted. And, based on my discretion, may have their e-mail address and IP address posted."

    -Understand where you post from when visiting some sites. Good luck!

    ReplyDelete
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    I can't find the website after several searches. Can you post it?

    ReplyDelete
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    No--that isn't our policy to advertise for other sites. Only if it comes up in the course of the posting and follows the thread. Keep trying, I'm sure you will find it.

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