Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 1 of 7

Transcription

1 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 1 of 7 Jeremiah M. Hudson, ISB No Vaughn Fisher, ISB. No Angie Perkins, ISB No FISHER RAINEY HUDSON 950 W. Bannock Street, Ste. 630 Boise, Idaho Telephone: (208) Facsimile: (208) jeremiah@frhtriallawyers.com vaughn@frhtriallawyers.com angie@frhtriallawyers.com Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE STATE OF IDAHO COLLEEN SHUTTLESWORTH, an individual, and GEMPRO, INC., a corporation, vs. Plaintiffs, DIANE J. TAYLOR, an individual, Case No. 1:16-cv-500 COMPLAINT AND DEMAND FOR JURY TRIAL Defendant. COMES NOW, the above-captioned Plaintiffs, by and through their counsel of record, FISHER RAINEY HUDSON, and hereby complain and allege as follows: PARTIES, JURISDICTION, AND VENUE 1. Colleen Shuttlesworth ( Colleen ) is currently a resident of Virginia Beach, Virginia. 2. Colleen is the owner of Gempro, Inc. ( Gempro ), a corporation incorporated in the State of Virginia, which sells diamond rings. 3. Diane J. Taylor ( Diane ) is currently a resident of Eagle, Idaho. COMPLAINT AND DEMAND FOR JURY TRIAL 1

2 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 2 of 7 4. Federal Jurisdiction is proper pursuant to 28 U.S.C. 1332(a)(1). 5. Venue in this Court is proper pursuant to 28 U.S.C because a substantial part of the wrongful acts alleged herein occurred in the State of Idaho, and because the Defendant resides in the State of Idaho. 6. The amount in controversy exceeds seventy-five thousand dollars ($75,000.00). GENERAL ALLEGATIONS 7. On or about July 25, 2016, Diane contacted Gempro inquiring about the purchase of a diamond ring, which Diane eventually purchased using two credit cards. 8. On or about August 10, 2016, after receiving the ring, Diane expressed dissatisfaction with the diamond and indicated she would be returning the ring to Colleen. 9. On or about August 15, 2016, Diane created or caused to be created a business profile called Dazzle on the website Yelp, using Colleen s home address and Colleen s ebay username ( leslie1965us ) to identify the business, and purporting to be the same business owned by Colleen, which sells diamond rings. 10. On or about August 15, 2016, Diane posted or caused to be posted on the Dazzle page in the website Yelp, They are a complete scam. Selling fracture filled diamonds and then completely running off with my fiance and I s [sic] money. 11. The statement referenced in paragraph 10 is false. 12. On or about August 16, 2016, Diane informed Colleen that the ring was returned via the U.S. Postal Service, and that Colleen would have to go to the post office to retrieve it. 13. On or about August 19, 2016, the ring was retrieved by Gempro from the post office in Virginia Beach, Virginia. COMPLAINT AND DEMAND FOR JURY TRIAL 2

3 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 3 of On or about August 19, 2016, the return of the diamond ring was processed by Gempro, and a full refund for the ring, including shipping fees and a non-refundable sizing fee, were issued via Gempro s merchant services account. 15. On or about August 19, 2016, only one of the two credit cards used by Diane to purchase the ring actually processed the refund, and Diane was still owed approximately $389 on a second credit card. 16. Colleen was unaware at the time of processing the refund that two credit cards had been used by Diane to purchase the diamond ring. 17. On or about August 22, 2016, Diane posted or caused to be posted on the Dazzle page in the website Yelp,... had to fight them for a refund. It was only after I threatened to go to the police that they returned my money but only some of it. 18. The statement referenced in paragraph 17 was made with the intention of misleading the reader. 19. Between August and September, 2016, Diane posted or caused to be posted on the Dazzle yelp site, They have stolen thousands of dollars through this diamond scam! 20. The statement referenced in paragraph 19 is false. 21. On or about August 22, 2016, Diane posted or caused to be posted on the Gempro page of the website Yelp,... had to fight them for a refund. It was only after I threatened to go to the police that they returned my money but only some of it. 22. The statement referenced in paragraph 21 was made with the intention of misleading the reader. 23. On or about August 22, 2016, Diane posted or caused to be posted on the Gempro page of the website Yelp, They have stolen thousands of dollars through this diamond scam! COMPLAINT AND DEMAND FOR JURY TRIAL 3

4 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 4 of The statement referenced in paragraph 23 is false. 25. On or about August 22, 2016, Diane posted or caused to be posted on the Gempro page of the website Yelp, They have a return policy, but after returning the diamond, they WON T refund your money! 26. The statement referenced in paragraph 25 is false. 27. On or about August 22, 2016, Diane posted or caused to be posted on the Gempro page of the website Yelp, They also go by Dazzle. Dazzle is the name of the business profile created on the website Yelp by Diane as referenced in paragraph The statement referenced in paragraph 27 is false. 29. On or about August 25, 2016, Diane informed Colleen of the name on the second credit card that had been used to purchase the ring. 30. On or about August 25, 2016, Gempro re-processed the remaining refund amount of $389 to the second credit card. 31. Terry Shuttlesworth, Colleen s husband, is the pastor of Dominion Christian Center ( Church ) in Virginia Beach, Virginia. 32. Between August and September 2016, Diane posted or caused to be posted on the Church s page in the website Yelp, They have stolen thousands of dollars through this diamond scam! 33. The statement referenced in paragraph 32 is false. 34. Between August and September 2016, Diane posted or caused to be posted on the Church s page in the website Yelp, Terry (the pastors) [sic] wife Colleen Shuttlesworth and daughter Brooke Ashton Shuttlesworth are selling bogus engagement rings! 35. The statement referenced in paragraph 34 is false. COMPLAINT AND DEMAND FOR JURY TRIAL 4

5 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 5 of Between August and September 2016, Diane posted or caused to be posted on the Church s page in the website Yelp,... had to fight them for a refund. It was only after I threatened to go to the police that they returned my money but only some of it. 37. The statement referenced in paragraph 36 was made with the intention of misleading the reader. 38. On information and belief, Diane posted statements or caused to be posted statements similar to those referenced in paragraphs 9-36 on Gempro s page of other websites similar to Yelp, such as, but not limited to Bizapedia.com, and the Google business listing for Gempro. 39. On information and belief, the statements posted by or caused to be posted by Diane on Gempro s page of other websites referenced in paragraph 38 caused Colleen s existing customers to cancel purchases. 40. In the nine months prior to September 2016, Gempro processed approximately $738,882 in sales via its ebay selling account or referrals directed from Gempro s ebay sales listings. 41. On or about August 26, 2016, Gempro s ebay selling account was restricted and her sales listings were removed by ebay. 42. On or about August 26, 2016, Intuit cancelled Gempro s merchant services account due to increased chargeback filings (i.e., customers requesting cancellation of a purchase). 43. In the months of September and October 2016, Gempro made zero sales via its ebay selling account. COMPLAINT AND DEMAND FOR JURY TRIAL 5

6 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 6 of 7 COUNT I DEFAMATION 44. The Plaintiffs hereby incorporate and re-allege all previous paragraphs of this Complaint as fully set forth herein. 45. Between the months of August and September 2016, Diane communicated or caused to be communicated information concerning the Plaintiffs to others. 46. The information communicated by, or caused to be communicated by Diane as referenced in paragraph 45 is false. 47. The information communicated by, or caused to be communicated by Diane impugned the honesty, integrity, virtue, or reputation of the Plaintiffs. 48. Diane knew, or reasonably should have known, that the information was false. 49. The Plaintiffs suffered actual injury because of the defamation. 50. The information communicated by or caused to be communicated by Diane imputed to Gempro and Colleen a criminal offense. 51. The information communicated by or caused to be communicated by Diane imputed to Gempro and to Colleen a matter incompatible with Gempro s business. 52. As such, Plaintiffs are entitled to a monetary award of general and special damages in an amount to be proven at trial. DEMAND FOR JURY TRIAL Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiffs hereby demand a trial by jury on all issues properly tried by a jury in the above-entitled matter. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against the Defendant as follows: 1. For damages in an amount to be proven at trial; COMPLAINT AND DEMAND FOR JURY TRIAL 6

7 Case 1:16-cv BLW Document 1 Filed 11/17/16 Page 7 of 7 2. For an amount greater than $75,000; 3. For costs of suit, and reasonable attorney fees. 4. For prejudgment interest to the Plaintiffs; and 5. For such other and further relief as this Court deems just and equitable. DATED this 17th day of November, FISHER RAINEY HUDSON /s/ Jeremiah Hudson Jeremiah Hudson, Of the Firm Attorney for the Plaintiffs COMPLAINT AND DEMAND FOR JURY TRIAL 7