Apparently the folks at Xcentric won’t be able to celebrate their recent victory for very long. Yesterday J. Paul Ottis – allegedly “well known throughout the entertainment complex” – filed a forty-four page verified complaint in Nebraska federal court against Xcentric Ventures LLC, its manager Edward Magedson, the company’s attorney Maria Crimi Speth, Ms. Speth’s Arizona law firm Jaburg and Wilk PC, and Does 1-10 (who allegedly served as agents of each of the other defendants).
Plaintiff alleges defamation, defamation per se, interference with business relationships, business disparagement, civil conspiracy, and RICO violations. He also claims that the defendants are not immunized by Section 230 because “Magedson creates and authors the content he places on his web sites.” Plaintiff further asserts that “[o]n information and belief, Defendants create most of the content of the reports for the purposes of posting them on the RipoffReport webpage. These reports are not provided by third party consumers but by the defendants themselves.” Perhaps we’ll see some limited discovery in this one.
Plaintiff seeks treble damages and permanent injunctive relief, including an order barring defendants from “publishing false, misleading, disparaging and/or defamatory words and comments” relating to plaintiff, requiring defendants to remove “false, misleading disparaging and/or defamatory words and comments” relating to plaintiff, including his confidential IP and trade secrets, and prohibiting further postings relating to plaintiff without first providing him the opportunity to respond privately. And there’s more (check out the complaint).
It’s probably safe to say that plaintiff’s counsel, if he hasn’t already, is on his way to Judge Urbom’s chambers to press for the ex parte TRO requested in the complaint. Xcentric will presumably be gearing up for another fight. Stay tuned.
3 thoughts on “Xcentric sued in Nebraska for alleged defamation, RICO violations, etc.”
I am a complainant who has filed reports on the ripoffreport.com and I can assure the filers of this lawsuit that Mr. Magedson did not author my content. I take it the filers of this lawsuit are against consumer protection.
I have personally seen my posts redacted by Ed or his webmasters. We are not against consumer protection, we are against defamation and libel. Also when a site allows a person to post lies about an individual or company from behind the cloak of anonymity without accountability, that is a serious problem. I could go right now on that website and post a claim about you that was totally false and Ed would not remove it. You could rebut, but the link would stay up permanently and he may edit your rebuttal. Then he will offer you to pay fees in the thousands of dollars to have the process “mediated”. He feels he is above the process of law and arbitration where matters are rightly mediated. The Better Business Bureau is a health body where people can lodge complaints, they field the problem, mitigate it and report their findings.
There is NO RECOURSE a victim has against DEFAMATION and LIBEL.
If you are honest, and you have a TRUE complaint, then it would be no problem to post your real identity and documents supporting your transactional difficulties. Trust me. I am true victim of rip off report whose defamatory website has cost me hundreds of thousands of dollars.
FBI has been NOTIFIED of Defamation of Character promoted and profited by RIPOFFREPORT.COM and the BLACKMAIL for Requesting MONETARY PAYMENT FOR COMMENT REMOVAL IS IN DIRECT VIOLATION OF THE LAW, THE BUSINESS MODEL RIPOFFREPORT.COM IS IN DIRECT VIOLATION OF THE LAW, THROUGH PROFIT BY BLACKMAILING MERCHANTS FOR MONETARY PAYMENTS TO REMOVE DEFAMATION IS ILLEGAL AND THE CDA IS IRRELEVANT WHEN THE LAW HAS BEEN VIOLATED AND THE INDIVIDUAL RUNNING THIS BLACKMAIL ENTERPRISE WILL BE FACING THE PUNISHMENT UNDER THE FULLEST EXTENT OF THE LAW.