Posted by: 2big4mysize | June 3, 2009

Hooray for the DUCKs and friends

woo hoo John has filed for a summary judgement

Since Kimmer has admitted under oath in her depositions that she committed the alledged frauds this should be an easy decision ofr the judge.

So who has the pool on will Kimmer show up and who is up for a road trip to Riverside for the final verdict?

Advertisements
Posted by: 2big4mysize | March 30, 2009

Kimkins bankruptcy dismissed

WOO HOO!!! the last legal tactic for stopping the class action lawsuit was removed with the dismissal of Heidi Diaz’s (AKA Kimmer) bankruptcy case.
How she could claim bankruptcy with her income exceeding her current spending was beyond me too.

This has been a very bad yr for legal cases involving Heidi Diaz.
first her SLAPP is dismissed when she fails to show up for court.
then the class action fraud suit against her and her kimkins.con website is certified
and now the dismissal of her bankrutcy case.

Sure hope this trend continues for Ms Diaz and Kimkins.con

Posted by: 2big4mysize | January 18, 2009

Kimkins class action lawsuit certified!!!!

Case RIC483005 – FENDERSON VS DIAZ
Action:

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 – 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONALLAW CORP – JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF
 

 

 

Happy day  and congrats for all the folk who worked so hard to make this happen even if nobody ever heard their name or what they did to help this happen.

Seems Kimmer AKA heidi Diaz who fired her lawyer and was representing herself in this actions didn’t bother to go to court for the hearing after filing her bankruptcy paperwork the other day.

 

 we would all have loved to have seen the look on her face when she was sitting there last night scrolling through FWK and saw the copy of the court minutes from her hearing yesterday.

Posted by: 2big4mysize | January 13, 2009

breaking News Kimmer files bankrupcy

Kimmer AKA Heidi K Diaz has filed for personel bankruptcy.
How does this effect Kimkins.con and her new site Simple Choices Diet you might ask. Since both are run as sole proprietorship they are both covered by her actions.

Thats right the kimkins.con class action lawsuit has been stayed by the court based on the filing.

The dismissal hearings of her countersuits has also been stayed.

the laywer representing the many folk she is suing and the class action suit had this to say in a message to the class reps and those being countersued.

 

Heidi Diaz has filed bankruptcy protection.  All pending motions in the state court have been stayed for the time being.  The bankruptcy court will take jurisdiction.  I have attached the bankruptcy notice for your review.

Make no mistake, we will continue the fight in the bankruptcy court.

John Tiedt
Thank you John

 

Kimmer had this to say to members of her kimkins.con site in a post today
A quick note from legal counsel:

Kimkins has filed for protection under Chapter 11 of the bankruptcy
code. Chapter 11 is a rule which permits reasonable reorganization of
debts under the bankruptcy laws of the United States. Chapter 11
bankruptcy is available to any business, whether organized as a
corporation or sole proprietorship, and to individuals.

This will allow Kimkins, as a viable business, to continue to service
its customers while paying debts under a reorganization plan.
Moreover,
it will allow us to better address certain matters pending in the civil
courts.
The process is a public proceeding and aimed solely at
protecting the interest of Kimkins and our members.”

Due to litigation over the past year we have a couple major debts and
this will help restructure those.
This will not affect our day to day
operations. Prior to this news Kimkins had already been planning a
revamp of the website (appearance and software). ……

Since the only costs she has incurred from the lawsuit so far  was paying her lawyer it really makes one wonder about the timing of the firing of her lawyer and the filing of this action just days before the hearings.

 

 

Seem Kimmer and her admins are not the only ones with a quick finger on the ban button and sending folk to banned camp for no TOS violations nor even a legitimate reason.

 

As many of y’all know I walked away from my beloved Atkinsdietbulletinboard.com site after the Thanksgiving massacre  of 06 when 3 of the top 10 poster were banned and not for any TOS violation. I spent many hours exchanging PMs with the owner and one of the admins about this action and while agreeing it was not handled correctly and they should not have been banned no unbanning occurred.

I had tried picketing the site with a sign in my siggy saying I was on strike over the banning, but that was removed from my siggy by an admin and I was denied access to my siggy after I replaced it. Since membership  in an organization implies support of the actions of the management of the organization I resigned my membership and moved to anotherlow carb board.

I have recieved emails from the admin and owner of ADBB inviting me back and have informed them I would not return until the banned were unbanned.I recieved yet another invite just this week which I notified my IP was SPAM.

 Lo and behold I was surprised to discover the owner and admin had reconsidered and unbanned those  unjustly locked out that day and they were active again. In my excitement I was getting ready to return to the site as a supporting member again only to discover it was a cruel hoax and before a single post could appear on the board  welcoming them back  or even one written by any of them they were banned again for no TOS violation. The only good to come from this action is I’m glad I did not have to post a nevermind after posting a return to the site topic.

Posted by: 2big4mysize | December 31, 2008

Kimkins wins award for 2008

The dangerous nutritionally bankrupt  Kimkins diet has won the 20th annual Slim chance award as the worst diet product for 2008. Congratulations Kimmer and Kimkins.con on a very well deserved award!

 

The class action lawsuit against the still morbidly obese creator of the dangerous diet plan KIMMER AKA  Heidi Diaz is still proceeding in the Riverside County Courts. Miss Diaz is currently representing herself and we all know William De Britaine’s great statement about that. ” He who will be his own Counsellor, shall be sure to have a fool for his client.”

Posted by: 2big4mysize | December 24, 2008

Merry Christmas to all

I hope you all have a wonderful day with family, friends and loved ones sharing joys, love ,and memories and not any high carb foods.

Posted by: 2big4mysize | November 22, 2008

the new face of Kimkins that wasn’t

Welcome to banned camp Disco Superfly AKA Starmaker in the kimpire.

Junior LCF Member
 
Disco Superfly's Avatar
 
Join Date: Oct 2008
Posts: 11

<!–

–>

Banned Nov 22 2008

FABULOUS! I guess I join the ranks of the banned. Why? Lets see, I was an entertaining poster, said so by Kimmer herself, had a great group of buds (Grandma Candy, Debbie…etc you gals I hope you find me over here I’m going to miss you ….. sniff)

The real reason? Has to be that she asked me to be her New Years Success Story to bring in the new crop, she called it the busiest season for diet sites. She asked for a story and my former fat pictures. Then got demanding the other day with a PM that basically said are you going to get this story into me on time or what?” I was busy and didn’t have time to respond.

Then I log in today and whammo, I have no access to forums or PMs.

And I suspect that her spy-spawns have been reporting back to her that I have been sitting on the fence over here for awhile. Its a free country.
I enjoyed the people there, couldn’t care less about the plan. I do what works for me. I am very sad today, and sad to lose my friends.

Sam

from LCFs

Pretty harsh punishment for not allowing ones self to be used for advertizing purposes I’d say. I checked the TOS and the membership plans on the Kimkins.com site and no where does it say when you buy a membership you agree to allow Kimmer to use your likeness and weight loss story in her advertizing and newlettersI hopeSam will join the lawsuit

Posted by: 2big4mysize | November 10, 2008

SMACK down for a SLAPPer

Magicsmom has a great blog post about how folk can SMACK Kimmer for SLAPPing DUCKS.

 

So I’m asking all my fellow bloggers to join the SMACKdown and if you don’t have an antikimkins blog now would be a great time to start a free one right here at WordPress.com so please give Kimmer et al a great big SMACK with your new blog.

 

I myself will be getting my SLAP with one P fixed tomorrow so read carefully  after today cause y’all know how bad I spell and type with 2 hands and not on pain meds.

Posted by: 2big4mysize | September 30, 2008

Is your SLAP with one or 2 Ps

I haven’t written anything for a while cause I was keeping the Atkins info on the front page of the blog but with the current SLAP/SLAPP situation I figured I’d update.

SLAP with one P is a tear in your shoulder where the bicep tendon and the labrum meet and I got one of those I’m dealing with.

 

SLAPP with 2 Ps is a  Strategic Lawsuit Against Public Participation and are lawsuits filed against people or organizations because they have exercised their right to petition the government or speak out on public issues. SLAPPs frequently contain claims for libel, slander, defamation, malicious prosecution, and/or abuse of process. Many of my fellow DUCKS are dealing with one of those filed by Kimmer  AKA Heidi Diaz.   If you’d like to read the lawsuit you can see it on Medusa’s blog 

AM I one of the 100 ROES since I was the first member of the superbanned camp? Will any DUCKs file a SLAPPBack suit? only time will tell as folk continue to work to turn the Kimkins.com site into a 404 error page

« Newer Posts - Older Posts »

Categories