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Plaintiffs Brief in Support of Plaintiffs Application for Temporary Injunction

Plaintiffs Brief in Support of Plaintiffs Application for Temporary Injunction

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Published by AviS.Adelman
Rosales's brief in support of the injunction
Rosales's brief in support of the injunction

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Published by: AviS.Adelman on Apr 20, 2011
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04/20/2011

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CAUSE NO. CC-10-08658-E
FERNANDO ROSALES AND INITIATIVEPARTNERS, LLC D/B/A LOST SOCIETY §§IN THE COUNTY COURTPLAINTIFF, §§ AT LAW NUMBER 5 V. §§ AVIS.ADELMAN,BARKINGDOGS.ORG,ANDDALLAS CREATIVE, INC§§§DEFENDANTS, § DALLAS COUNTY TEXASPLAINTIFFSBRIEFINSUPPORTOFPLAINTIFFSAPPLICATIONFOTEMPORARYINJUNCTION
1. Plaintiffs, Fernando Rosales and Initiative Partners, LLC D/B/A Lost Society (hereinafter collectively referred to as “Plaintiffs”) and files this
Plaintiffs Brief InSupport Of Plaintiffs’ Application For Temporary Injunction.
2. Defendant's right to free speech would not be infringed by a properly limitedinjunctionprohibitingdefendantfromrepeatingstatementsaboutplaintiffthatweredetermined by the court at an evidentiary hearing to be defamatory.
3.
Movantrequestsaevidentiaryhearingtoallowthecourttodeterminewhetherthese statements oublished y Defendant are defamatory and whethere to issue alimited temporay injunction, that includes a time. place and manner, ordering only defendants not to repeat these defamatory statements.
 
FACTS4.FernandorosalesisthepresidentofthecorporationInitiativePartnersdbaLostSociety.LostSociety is a resturaunt and bar locatded on lower Greenville ave, Dallas. Tx Mr. FernandoRosales is a thirty years old and a vetern of the military, where he served horably. He is acoollegegraduateandis atendingamasterprograminfinance/accounting.Heisengagedtobe married to the daughjter of the former City of dallas, asst firechief.5.Defendant, www.barkingdog.org is a website owned and operated by Defendant, Avi S, Adelman. Defendant, Dallas Creative, Inc is a business owned and operated by theDefendant, Avi S. Adelman and Defendant, Dallas Creative, Inc, is the sponsor of the website, www.barkingdogs.org6.Defendant, Avi Adelman, admits, in his deposition, to publishing the below listedstatements on his website www.barkingdogs.com. Mr. Fernando Rosales claims that thesestatements are defamatory and false and that Defendants knew or should have knownthere was no basis for these statement.
7.Movant requests a evidentiary hearing to allow the court to determine whetherthese statements are defamatory and whethere to issue a temorray injunctionordering defendants to not repeat these defamatory staements.
 
8. Onthebelowreferenceddates,onthehiswebsitewww.barkingdogs.org
in 
DallasCounty,Texasdefendant,AviS.Adelman,publisheddefamatorystatementsconcerning Plaintiffs.
9.OnJune3,2010,Defendantcommittedlibelandpublisheddisparaginganddefamatory  wordsthatwereuntrueaboutPlaintiffsonapublicInternetsite,www.barkingdogs.org,whichis owned and maintained by Defendant.10. TheJune3,2010posttitled,"EarlyMorningShootingLeavesOneDeadonChar-BarParking Lot," states that "[t]wo black males had just left Lost Society Bar" when an argumentensued and one of the males shot and fired four rounds at theother.Defendanthasincludedlinks to a Dallas Morning News article and a Dallas Observer blog regarding the incident.11. Defendant's statements about the males just leaving Lost Society bar are false andDefendantkneworshouldhaveknowntherewasnobasisforthisstatement.Defendant'sownlinks to news stories regarding the incident make no mention of Lost Society.12. In the June 3, 2010 post, Defendant made a false statement that the parties involvedin the shooting were intoxicated at Lost Society. Defendant has no basis for this falsestatement and published it to the public as if it were true. Defendant's title of the post evenclaims that it is the"truth."14. The June 6, 2010 post titled, "Truth in Advertising Comes to Lowest Greenville,"exhibits a picture of Plaintiffs' business billboard sign with the words "LOST SOCIETY" inlargelettersand"TheUltimateExperience,"whichisPlaintiffs'slogan.Defendantreplacedthepicture on Plaintiffs' billboard sign with a picture of a shooting range:targetintheshapeofahuman figure and added the statement "[b]eing murdered on the street after gettingintoxicated at our bar, may not be considered an 'ultimate' experience."20. The June 10, 2010 post states that "[l]ast week's murder by Char Bartookplaceafterthe victim and shooter partied at Lost Society," and calls Lost Society's owner "the scumbarowner."21. The June 10,2010 post also states that Defendant called the Dallas Sheriff’s Officepublic affairs office and asked them if they "knew the reputation of the club,” implying thatPlaintiffs have a bad or negative reputation.22. TheJune10,2010postthenclaimsthatotherGreenvilleAvenuebusinessownersaretryingto"shutdown"LostSocietybecauseitis"killingtheirbusinessesbyscaringpeopleoff"and that the club owner is "equally hated for his crap-on-you attitude."25 TheJune23,2010postreads,"SourcestellBDthispersonisalsoonthelist foraone- way ticket somewhere out of the country." Defendant implied that Plaintiff ROSALES wouldbe deported, when he knew or should have known the statement was false.26. On June 25, 2010, Defendant posted a photograph of Plaintiff ROSALES on a publicInternet site,
www.barkingdogs.org
, which is owned and maintained by Defendant.29. TheJune28,2010postreads,"TheshootingofabarpatronafterheleftLostSocieta few weeks ago did not set off the final alarm."30. Defendant's statements about the victim of shooting having been a patron of LostSociety bar are false and Defendant knew or should have known there was no basis for thisstatement.32. TheJune30,2010postreads,"LostSocietyhasbeenlockeddownbythelandlordfor violating their Don't get customers killed clause," which is false and misleading.34. The title of the July 2, 2010 post reads, "Even the Dallas Sheriff's Department isInvestigating Lost Society," which is untrue and defamatory.
 
35. DefendantkneworshouldhaveknownthattheheadlineoftheJuly2,2010postwasfalse, especially since the post itself contained no information regarding an investigation of Lost Society by the Dallas Sheriff’s Department and no such investigation is occurring or hasoccurred.36 On September 11, 2010, Defendant committed libel and published disparaging anddefamatory words that were untrue about Plaintiffs on a public Internet site,
 www.barkingdogs.org
, owned and maintained by Defendant.37. TheSeptember11,2010postreads,"LostSociety’sRosalesbackinpokeyforskippinga hearing."38. Defendant'sstatementsof“Rosalesskippedahearingbeforeajudge
..Notonlydidhe skip it, but even his attorneys skipped the hearing” and “ Rosales and his attorney reportedlytoldthejudgetheywouldtrytomakeittocourtinafewdays,youknowhe’skindabusy renovating the club without any permits

” are false and Defendant knew or shouldhave known there was no basis for this statement.40. The October 30, 2010 post reads, "
One dead, one hurt in Lowest Greenvilleshooting
"41. Defendant's statements of “This is the second shooting in less than six months onLowestGreenville.ApatronofLostSocietywasshotandkilledontheChar-BarparkinglotinearlyJune2010..

arefalseandDefendantkneworshouldhaveknowntherewasnobasisfor this statement.43. The October 30, 2010 post reads, "
Thinkofthoselessfortunate-beforetheygetdeported
"44. Defendant's statements of “There's no word on when his former partner and BFF,Fernando Rosales, will be back in detention, but the wheels of justice they do grind slowly. We are patient.

are false and Defendantkneworshouldhaveknowntherewasnobasisfor this statement.46. TheDecember04,2010postreads,"
LostSociety-thegiftyoujustcan'tgetridof 
"
 
47. Defendant'sstatementsof“Forexample,hostingSundayafternoonblockpartiesstartingat2pm,eventhoughtheleasesaidtheycouldnotopenforbusinessuntil5pm
.AndthegoodnewsforLowestGreenville'sotherscumbars-LostSocietyisgoingtobeprovidinglotsofstorideas and leadership for at least four more years, if not longer
.. If Rosales is trying to pumpup sales by offering lunch, he better have a killer menu and chef in the kitchen (pardon thepun). In fact, it would help if he had a kitchen that could pass a health inspection after yearsofsittingidlesinceSuedeinstalledit.Theirliquorsalesain'tdoingtoohoteither,accordingtothe Texas Comptroller and AlcoholSales.com. In the months after the patron was killed atChar Bar, sales are down nearly 30% compared to the same months last year
. There's stillplenty of time for Lost Society and its scummy owner to provide stories to BD and the localmedia, as well as keep the attention of the TABC.

” .The above statements are false and Defendants knew or should have known there was nobasis for these statement. Movant requests a evidentiary hearing to allow the court todetermine whether these statements are defamatory and whethere to issue a temorray injunction ordering defendants to not repeat these defamatory staements.

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