Difrawi v. Henderson [1]

Summary

Threat Type:

Lawsuit

Date:

11/21/2007

Status:

Pending

Disposition:

Dismissed (partial)

Location:

Florida

Verdict or Settlement Amount:

N/A

Legal Claims:

Conspiracy

Defamation

False Light

RICO

Tortious Interference

Trade Libel

Parties

Party Receiving Legal Threat:

Les Henderson; Daniel Bruce Scalf a.k.a. Frank Torelli; Jeremy Scalf; Conrad Longmore; John Doe 1 a.k.a. Klass Devries; John Doe 2 a.k.a. Dilly McGilly; John Doe 3 a.k.a. Scooper Joo; John Doe 4 a.k.a. www.easybackgroundcheck.com; John Doe 5 aka www.

Type of Party:

Individual

Organization

Type of Party:

Individual

Location of Party:

Florida

Location of Party:

Arizona
Canada
Netherlands

Legal Counsel:

Alex Finch

Legal Counsel:

Les Henderson (pro se), Daniel Bruce Scalf (pro se)

Description

In November 2007, Internet Solutions Corporation and its President and Director Ayman Difrawi (a.k.a. Alec Difrawi) sued Les Henderson, Daniel Bruce Scalf, Jeremy Scalf, Conrad Longmore, and a number of anonymous defendants for defamation, false light invasion of privacy, and other torts. The plaintiffs subsequently amended the complaint, dropping Longmore from the lawsuit. Henderson and certain other defendants operate websites aimed at increasing consumer awareness about Internet scams and so-called "phishing" activities.

The complaint, filed in federal court in Florida, alleges that the defendants published false and misleading statements about Difrawi and Internet Solutions on a variety of websites and other fora, including comments to the "Money Talk" blog on Tampabay.com. According to court documents, the defendants accused Difrawai of engaging in "on-going criminal activity in the performance of his marketing and consultant business" and suggested that "[Internet Solutions Corporation's] business interests are all fraudulent based on any association or business relationship with Difrawi," among other things.

Henderson and Daniel Bruce Scalf, who are representing themselves, filed separate motions to dismiss the complaint for lack of subject-matter jurisdiction and personal jurisdiction. These motions are currently pending.

Update:

5/1/2008 - Judge ordered [2] Difrawi to show cause why Jeremy Scalf and John Does 1-5 should not be dismissed from the lawsuit.

5/20/2008 - Judge dismissed [3] Jeremy Scalf and John Does 1-5 without prejudice based on Difrawi's apparent lack of prosecution and failure to serve defendants in a timely fashion.

1/21/2009 - Case referred to mediation

5/28/2009 - Mediation set to begin Sept. 1, 2009.

Details

Web Site(s) Involved:

Tampabay.com [11]

Easy Background Check [12]

Crimes of Persuasion: Schemes, Scams, and Frauds [13]

The Truth About Internet Solutions Corp. [14]

Content Type:

Text

Publication Medium:

Blog

Website

Subject Area:

Defamation
False Light
Trade Libel

Court Information & Documents

Jurisdiction:

Florida

Source of Law:

United States
Florida

Court Name:

United States District Court for the Middle District of Florida

Court Type:

Federal

Case Number:

6:07-CV-1854

Relevant Documents:

2007-11-21-Difrawi Complaint.pdf [15]

2007-11-21-Exhibit A to Difrawi Complaint.pdf [16]

2007-11-21-Exhibit B to Difrawi Complaint.pdf [17]

2007-12-14-Difrawi Amended Complaint.pdf [18]

2007-12-21-Henderson's Motion to Dismiss.pdf [19]

2007-12-31-Difrawi's Response to Motion to Dismiss.pdf [20]

2008-01-23-Defendant Scalf's Motion to Dismiss.pdf [21]

2008-02-01-Difrawi's Response to Scalf's Motion to Dismiss.pdf [22]

2008-05-01-Order to Show Cause Why John Does Should Not Be Dismissed.pdf [23]

2008-05-15-Difrawi Response to Order to Show Cause.pdf [24]

2008-05-20-Order to Dismiss John Does from Lawsuit.pdf [25]

2008-06-16-Difrawi Response to Henderson's Motion to Dismiss.pdf [26]

CMLP Information (Private)

CMLP Notes:

User submitted (email)

Status checked on 6/3/2008 (AAB)

Updated 1/22/09 - VAF

Updated 6/17/09 - CMF

Comments

Seems like a clearly [27]

Seems like a clearly frivolous suit to me. Would be nice if judge Conway was vigilant again, to at her own initiative find a way to declare it as such. I only wonder, could this be possible?

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