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.

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.

Our Sincerest Apologies

The timing on this couldn't have been any better and this should help our blogger with his latest federal civil rights lawsuit. (Thanks, Lord!) Our blogger just received a cease and desist letter from Melody Thomas-Morgan about this blog! (Although, technically, the blog is focused on the late Melody Bodine.)

Ironically, when our blogger sent the late Mrs. Bodine a cease and desist letter years ago, asking her to stop spreading slander about him, Prescott JP Judge Arthur Markham considered that "harassment!"

We presume it's okay to make this cease and desist letter public since 1) if Miss Thomas-Morgan sues our blogger, her attorney will put this letter in the public record anyway, and 2) as above, if the Lord wills, the letter will be in the pubic record in a few days in federal court. [UPDATE: Done.] So click on the images below to read the full size images. Note the end of page 2, where the attorney goes into religion.

In short, the good news is, Miss Thomas-Morgan's attorney acknowledges the First Amendment right of bloggers: "While you certainly have the right to blog about your various fixations with Ms. Thomas-Morgan . . . " Uh, so then, that's protected speech. How then can a court give Miss Thomas-Morgan an Injunction Against Harassment for what her own attorney acknowledges is protected speech?

Look, if this blog contained any untruthful information—and, to the best of our knowledge (a cute CYA line our blogger learned from observing the late Melody Bodine in court), it does not—then that could be considered libelous. (If done intentionally and with malice, as opposed to mistake.) In that event, there are civil remedies for libel.

But note that not even Miss Thomas-Morgan's attorney, Mr. Jay R. Eaton, says this blog contains untruthful or even erroneous information. He just wants certain things removed, claiming they "may" harm Miss Thomas-Morgan's business. (Hmmm.... we think the The Ripoff Report website has thoroughly adjudicated that argument in Arizona. You should see the arguably harmful stuff posted there.)

Well, even though our blogger has been determined indigent (IFP) by the federal courts, which makes a suit by Miss Thomas-Morgan extremely unprofitable and pointless (gonna be impossible to get attorney fees), to try to make peace with everyone (per Hebrews 12:14) we make a good faith effort to comply with Mr. Jay Eaton's request to "remove all references in [this] blog to [Miss] Thomas-Morgan's business and all accusations which imply [Miss] Thomas (sic) is a danger to any human being in her care. Additionally, remove all links to [Miss] Thomas-Morgan's LinkedIn.com profile." (I suppose we should be flattered that they think anyone but Miss Thomas-Morgan reads this blog! The stats are near zero!)

So we've spent the time reviewing this blog to remove said links. We only found one. (It would have helped if they had been diligent to copy the various pages and circled what they wanted redacted. But we have done our best to accommodate.)

While our blogger, like the prophet Ezekiel in the Bible, would be remiss if he didn't warn you of what he foresees (because God will hold him accountable if he doesn't warn you. Per Ezekiel 33:

When I say to the wicked, 'O wicked man, you will surely die,' and you do not speak out to dissuade him from his ways, that wicked man will die for his sin, and I will hold you accountable for his blood . . . Ohhh... can we talk about blood and death on a blog?)

he will leave it at this: He hopes that if you were going to entrust your elderly mother or father in anyone's care, you would perform due diligence and would want references first. For example, you should ask to see a business license, bonding and insurance paperwork, any other State credentials if needed, etc. And he suggests you ask the potential caregiver for personal references. Like, maybe you should ask to speak to her own father-in-law as a reference, to see how she cared for him? There's a Biblical principle here, regarding elders in the church: If she does not know how to manage her own family, how can she take care of yours? That's good advice in general, is it not?

And let us say, as sincerely as we can, that although we've never met Miss Thomas-Morgan, nor ever spoken with Miss Thomas-Morgan, and so have never known Miss Thomas-Morgan, perhaps she's changed since the last our blogger saw her while he watched in court. (January 2011 while she was testifying in a motion to hold her in contempt.) We would like to believe she is not at all "senseless, faithless, heartless, ruthless" like the foolish described in Romans 1:31 and would like to believe she is a trustworthy woman.

And last, in his official cease and desist letter, Mr. Jay R. Eaton, attorney-at-law, asks our blogger to comment on John 8:7. Wow. That's the same line Madonna used to justify her sins!

(Hmmmm... so he acknowledges this is all about religion. Going to be hard to broach First Amendment Exercise of Religion into a court of law, isn't it?)

I'm surprised Mr. Eaton didn't rip the only other verse from the Bible out of context most unbelievers know. (Matthew 7:1 )

But when our blogger has the time, he will gladly explain the meaning of John 8:7. Like most of the Bible, it's actually not that hard to understand when you read it in context.