October 20, 2011
Jay R. Eaton
O'leary Eaton, P.L.L.C.
115 N. Grove Avenue
Prescott, AZ 86301
Greetings Mr. Eaton:
Thank you very much for your C&D letter of September 16, 2011. (Courtesy copy enclosed.) It was quite a help at an opportune time.
At this point in time, I represent myself in this instant matter. A request for nominal documentation, please.
You allege in your letter that I am intentionally harming Miss Melody Thomas-Morgan's "right to earn a living" and that a specific blog entry on the blog That Woman Jezebel "constitutes tortious interference with her business relationships."
It occurs to me that this may be putting the cart before the horse. Or as you lawyers say, assuming facts not entered into evidence. Naturally, I object.
Before any discussion about my intentions (which you have already acknowledged are spiritual) and before any discussion about interfering with business relationships, is there any evidence to establish for a fact that Miss Thomas-Morgan is actually running a legitimate business?
In your C&D letter you refer to Miss Thomas-Morgan's business venture, "Melody's Vital Living for Seniors," and to her "senior care business" at the LinkedIn.com website. Aside from that, you do not reference any specifics pertaining to a business. According to your letter, you are simply representing a private individual, not a business.
As you know, and as TV comedian Craig Ferguson constantly jokes, anyone can post anything on the Internet. Doesn't make it true. Just because your client posts on LinkedIn.com that she's running a business, that does not make it true.
While I have not done an exhaustive background check, I have done some checking in good faith. Aside from one posting on LinkedIn.com (and ONLY a posting on LinkedIn.com), I cannot find any information proving there is a business called "Melody's Vital Living for Seniors." I cannot find a Yellow Page listing for her "business," as I can for yours. In fact, your client does not even supply a phone number on the LinkedIn.com website for "Melody's Vital Living for Seniors." (Screen shot attached.) Thus, it appears a critical element to running a going concern is lacking.
Is there any evidence that "Melody's Vital Living for Seniors" is actually a going concern? I trust that you would have performed due diligence before representing your client and representing to me that she runs a legitimate business. Therefore, I trust you already have copies of the necessary paperwork in your file.
Therefore, please send me copies of all your evidence that Miss Thomas-Morgan is actually running a senior care business venture. I would like copies of her business license, bond information, liability insurance and whatever other paperwork is required by various government agencies to run a "senior care business."
I presume from your letter that Miss Thomas-Morgan is a sole-proprietorship. In that case, per the IRS, I would like copies of her IRS Schedule C (Profit & Loss) paperwork or her IRS Schedule C-EZ (net profit from business) paperwork, her IRS 1040-ES (Estimated Tax) paperwork, her IRS 941, 943 & 944 forms (Social security and Medicare taxes and income tax withholding), etc. to show the business's revenue and income stream to establish a baseline. If she is a contractor, then, in addition to the above, I request copies of her 1099's. (Feel free to redact personal information such as SSN. But not EIN.)
This material would have to be provided as discovery material anyway if we go to trial, so I trust it is not a hardship to send me copies at this time, in good faith, so as to avoid the need for future, messy litigation.
Please send the material to me within ten business days. If I do not hear from you in that time, I will be forced to conclude that your client is perpetrating a fraud and, as a consequence, that your C&D letter is null and void.
I look forward to hearing from you.
Friday, October 21, 2011
Objecting to the C&D letter
Here's a letter our blogger just sent to Mr. Jay R. Eaton, Miss Thomas-Morgan's attorney, regarding the Cease & Desist letter.