Relevant Documents, expanded:
Sorenson's Ranch School v. MySpace
Complaint (07-31-2006) Ronald C. Barker, #0208
BARKER LAW OFFICE, LLC
2870 South State Street
Salt Lake City, Utah 84115-3692
Telephone: (801) 486-9636
FAX: (801) 486-5754
e-mail:
rcb@barkerlawoffice.comUNITED STATES DISTRICT COURT, DISTRICT OF UTAH, CENTRAL DIVISION
SORENSON'S RANCH SCHOOL, INC. a Utah corporation, SHANE SORENSON and JILL SORENSON, plaintiffs
vs.
MY SPACE and JOHN DOES #1 THRU 10, defendants.
COMPLAINTJury demanded
Judge Bruce S. Jenkins
Deck Type: Civil
Date Stamp: 07/31/2006 @ 14:16:25
Case Number: 2:06CV00632 BSJComes now the plaintiffs, Sorenson's Ranch School, Inc., (
"SORENSON'S"), Shane Sorenson (
"SHANE") and Jill Sorenson (
"JILL") and complain and allege against defendant My Space (
"MY SPACE") as follows:
I JURISDICTION AND VENUE1.
Jurisdiction amount - This action is of a civil nature involving, exclusive of interests and costs, a sum in excess of $75,000.
2.
Diversity - Plaintiffs Sorenson's, Shane and Jill were at all times hereinafter mentioned, domiciled in and citizens of the State of Utah. The defendant is believed to be a corporation organized and existing under the laws of the State of Massachusetts, having its principle place of business in a state other than Utah. Every issue of law and fact herein is wholly between citizens of different states. This Court has jurisdiction over this action pursuant to 28 USCA § 1332(2) et seq.
3.
Venue. Venue is properly fixed in the Central Division of the above-entitled Court pursuant to 28 USCA § 1391(a) in that a substantial part of the events giving rise to the claims herein occurred in this District and the Plaintiff is a resident of and/or conducts business in Koosharem, Utah, within the above-named District and Division.
4.
Long-armed jurisdiction. The defendants have had minimum contacts, b the means of interstate commerce within the jurisdiction of this Court, including but not limited to the posting of a website on the internet which has been and is currently being published in Utah and elsewhere, including publication to residents of the State of Utah as set forth herein, sufficient to subject them to
in personam jurisdiction within the meaning of US 78-27-22, et seq. The acts which subject the defendants to long-arm jurisdiction include but not limited to the acts mentioned in US § 78-27-24(1) (transacting business in Utah), US § 78-27-24(3) (causing of any injury within Utah, whether tortious or by breach of warranty), and other applicable laws. The contracts, torts, damages and/or transactions which are the subject matter of this action occurred in the State of Utah and caused harm to the Plaintiff in Utah, as is more particularly alleged throughout the complaint. Jurisdiction to serve summons outside of the State of Utah is authorized under the provisions of US § 78-27-25, et seq.
II PARTIES5.
Plaintiffs. The plaintiffs are as follows:
Sorenson's Ranch School, Inc. is a corporation organized and existing under the Laws of the State of Utah, with its principle place of business in Koosharem, Utah 84744, within this District and Division.
(b)
Shane and
Jill Sorenson are individuals who were officers and directors of Sorenson, who reside in Koosharem, Utah, within this District and Division.[/list]
6.
Defendants. The defendants are as follows:
My Space, Inc. The defendant My Space is believed to be a corporation organized and existing under the laws of the State of Massachusetts, having its principle place of business in a state other than Utah.
(b)
Doe defendants. The defendants designated as John Doe, #1 thru 10 are believed to be individuals and/or business organizations whose names and/or the extent of whose participation in the matters alleged herein may not be fully known to plaintiff sor some or all of the relief sought herein, who may be principals of My Space, who, by reason of their relationship with and/or participation with My Space are or may be liable to Plaintiffs for some or all of the relief claimed herein and may include attorneys, accountants, or other persons involved with the transactions alleged herein, including those who conducted the operations of My Space, advised My Space, or who participated in publishing the defamatory materials involved in the transactions mentioned herein.[/list]
III FIRST CLAIM FOR RELIEF (Tort)7.
Incorporation by reference - Plaintiffs incorporate herein by reference thereto all of the allegations above.
8.
Operation of web-site - Defendant My Space owns and operates a web-page in the internet on which it permits various persons to post such data and/or information as they may from time to time choose. Among other activities, My Space maintains a web page devoted to publishing information concerning Sorenson's, its officers, activities, etc. (
"WEB PAGE"). Said web page was not authorized or approved by Sorenson's.
9.
Publication of defamatory material - Notwithstanding demands from Plaintiffs that it not do so, in said Web Page My Space has published, and continues to publish, derogatory, untrue and defamatory information concerning Plaintiffs to heir damage, including but not limited to the following:
(a.) That Plaintiffs engage in child abuse.
(b.) That Plaintiffs staff is unqualified.
(c.) That Plaintiffs engage in false advertising.
(d.) Defendants have used, and continue to use vulgar and abusive language and to make inappropriate and defamatory statements toward and concerning Plaintiffs and their activities.
10.
Damages - As a direct and proximate result of Defendants' acts, Plaintiff have sustained and continue to sustain special and general damages in amounts not yet determined but which are expected to exceed $75,000.
11.
Punitive damages - By reasons of the willful and intentional nature of defendants conduct, Plaintiffs should be awarded punitive damages of $50,000 or in such amount as the Court deems to be proper.
IV SECOND CLAIM FOR RELIEF (Injunction)12.
Incorporation by reference - Plaintiffs incorporate herein by reference thereto all of the allegations above.
13.
Injunctive relief - Plaintiffs have no plain, simple or adequate remedy in that the defamatory matters wrongfully continue to be published concerning them. The Court should restrain and enjoin further publication of defamatory matter concerning Plaintiffs.
V PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment as follows:
14.
First claim - for judgment for special, general of not less than $75,000 and punitive damages of $50,000, or such other amounts as the Court determines.
15.
Second claim -for a temporary restraining order, preliminary injunction and permanent injunction requiring Defendants to immediately remove all derogatory and/or defamatory information concerning Plaintiffs from their web site and for an order restraining and enjoining defendants from further publication of such matter.
16.
General - For interest, costs, reasonable attorney fees to the extent allowed by law, and for such other and/or further relief as the Court determines.
17.
Jury demand - Plaintiffs request that this matter be tried to a jury to the extent that a jury is allowed as to the claims asserted herein.
Dated July 26, 2006.
BARKER LAW OFFICE, LLC
By: Ronald C. Barker
