CARLOS VICARIA SLANDER LAWSUIT FOR DAMAGES AGAINST TIMOTHY SUERETH. THIRD AMENDED COMPLAINT FOR DAMAGES (JURY TRIAL DEMANDED ) CASE NO : 10 -60547 CA 24
Thursday, July 25, 2013
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA : CARLOS VICARIA SLANDER LAWSUIT FOR DAMAGES AGAINST...
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA : CARLOS VICARIA SLANDER LAWSUIT FOR DAMAGES AGAINST...: http://www.carlosvicaria.com IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE- COUNTY FLORIDA . CASE No...
CARLOS VICARIA SLANDER LAWSUIT FOR DAMAGES AGAINST TIMOTHY SUERETH ALIAS TIM SUERETH
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE- COUNTY FLORIDA .
CASE No : 10 - 60547 CA 24
THIRD AMENDED COMPLAINT FOR DAMAGES ( JURY TRIAL DEMANDED )
AGAINST TIMOTHY SUERETH ALIAS TIM SUERETH.
Tuesday, June 25, 2013
CARLOS VICARIA SLANDER LAWSUIT. WITH THE INTENT TO CAUSE IRREPARABLE HARM Defendant TIMOTHY SUERETH
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI - DADE COUNTY , FLORIDA.
CASE No : 10 -60547 CA 24
THIRD AMENDED COMPLAINT FOR DAMAGES ( JURY TRIAL DEMANDED )
CARLOS VICARIA , and individual , and MARCELO CATURLA , and individual , Plaintiffs , v. TIMOTHY SUERETH , and individual doing business as SOUTH BAY CLUB OVERSIGHT , and who is also know as Larry Beacon , Jeff Swanson , James Baker , Susan Brenner , and Barbara Haskings , and SOUTH BAY CLUB CONDOMINIUM ASSOCIATION , INC.
Defendants :
THIRD AMENDED COMPLAINT FOR DAMAGES
(JURY TRIAL DEMANDED)
Plaintiffs, CARLOS VICARlA, ("VICARlA") and MARCELO CATURLA ("CATURLA"), by and through undersigned counsel, hereby bring this action against Defendant TIMOTHY SUERETH, who is doing business asSOUTH BAY CLUB OVERSIGHT, ("SBCO") and who is also known by the following aliases: Larry Beacon, Jeff Swanson, James Baker, Susan Brenner and Barbara Haskings and Defendant SOUTH BAY CLUB CONDOMINIUM ASSOCIATION, INC., ("SOUTH BAY") and state the following:
INTRODUCTION :1. Defendant SUERETH harbors an apparent resentment against Plaitiffs because of difference in opinion with respect to the governance of the SOUTH BAY CLUB CONDOMINIUM .
With intent to cause irreparable harm, Defendant TIMOTHY SUERETH has launched a campaign of harassment through publishing an online "blog" and sending emails containing outrageous and defamatory statements against Plaintiffs VICARIA and CATURLA. The statements published by Defendant are shocking and outrageous including but not limited to statements that Plaintiff VICARlA was convicted of a felony for sexual battery on a child, that he is a sexual predator and pedophile. Defendant also makes outrageous and defamatory statements about CATURLA stating that he is a convicted criminal guilty of sex crimes and implies that he is also a pedophile. These shocking statements are false and have been fabricated by Defendant SUERETH against Plaintiffs. Despite knowing that the statements are false, Defendant emailed the defamatory statements to Plaintiff VICARIA's place of employment in order to cause him harm. Defendant SUERETH has orchestrated his harm by using a series of pseudonyms. Lastly, Defendant has posted and mischaracterized documents on various internet websites, tagging the documents with Plaintiffs' names along with the terms "sexual predator" and "pedophile" in order to cast Plaintiffs further his defamation. Further, Defendant posted copies of the defamatory statements along with pictures of the Plaintiffs in the neighborhood where Plaintiffs live in order to further harass them. The admitted goal of Defendant's harassment is to drive Plaintiffs from their building and wrongfully deprive them of their home. 2. Defendant SOUTH BAY is the association governing the South Bay Club property and has a duty to protect its residents from harassment. At the time that Defendant SUERETH published the defamatory statementsagainst Plaintiffs, Defendant SOUTH BAY knew that the statements were not true. Defendant SOUTH BAY was negligent in its failure to act to protect Plaintiffs and allowed a hostile environment within the building to thrive against Plaintiffs. Defendant SOUTH BAY's negligence in failing to protect Plaintiffs acted to legitimize the defamatory statements made by SUERETH.3. Plaintiffs seek damages against Defendant SUERETH for Libel Per Se, Defamation by Implication and for Intentional Infliction of Emotional Distress. Plaintiff VICARlA seeks damages against Defendant for Defamation by Implication. Both Plaintiffs seek injunctive relief against Defendant SUERETH's continued harmful actions. Both Plaintiffs seek damages against Defendant SOUTH BAY for Negligence and Defamation by Implication.
INTRODUCTION :1. Defendant SUERETH harbors an apparent resentment against Plaitiffs because of difference in opinion with respect to the governance of the SOUTH BAY CLUB CONDOMINIUM .
With intent to cause irreparable harm, Defendant TIMOTHY SUERETH has launched a campaign of harassment through publishing an online "blog" and sending emails containing outrageous and defamatory statements against Plaintiffs VICARIA and CATURLA. The statements published by Defendant are shocking and outrageous including but not limited to statements that Plaintiff VICARlA was convicted of a felony for sexual battery on a child, that he is a sexual predator and pedophile. Defendant also makes outrageous and defamatory statements about CATURLA stating that he is a convicted criminal guilty of sex crimes and implies that he is also a pedophile. These shocking statements are false and have been fabricated by Defendant SUERETH against Plaintiffs. Despite knowing that the statements are false, Defendant emailed the defamatory statements to Plaintiff VICARIA's place of employment in order to cause him harm. Defendant SUERETH has orchestrated his harm by using a series of pseudonyms. Lastly, Defendant has posted and mischaracterized documents on various internet websites, tagging the documents with Plaintiffs' names along with the terms "sexual predator" and "pedophile" in order to cast Plaintiffs further his defamation. Further, Defendant posted copies of the defamatory statements along with pictures of the Plaintiffs in the neighborhood where Plaintiffs live in order to further harass them. The admitted goal of Defendant's harassment is to drive Plaintiffs from their building and wrongfully deprive them of their home. 2. Defendant SOUTH BAY is the association governing the South Bay Club property and has a duty to protect its residents from harassment. At the time that Defendant SUERETH published the defamatory statementsagainst Plaintiffs, Defendant SOUTH BAY knew that the statements were not true. Defendant SOUTH BAY was negligent in its failure to act to protect Plaintiffs and allowed a hostile environment within the building to thrive against Plaintiffs. Defendant SOUTH BAY's negligence in failing to protect Plaintiffs acted to legitimize the defamatory statements made by SUERETH.3. Plaintiffs seek damages against Defendant SUERETH for Libel Per Se, Defamation by Implication and for Intentional Infliction of Emotional Distress. Plaintiff VICARlA seeks damages against Defendant for Defamation by Implication. Both Plaintiffs seek injunctive relief against Defendant SUERETH's continued harmful actions. Both Plaintiffs seek damages against Defendant SOUTH BAY for Negligence and Defamation by Implication.
JURISDICTION AND VENUE 4. This is an action in damages in excess of the court's minimal jurisdictional amount of$15,000.00.5. Venue is proper in Miami-Dade County, Florida as Defendant SUERETH resides in this venue, Defendant SOUTH BAY operates solely in this venue and a substantial part ofthe events or omissions giving rise to Plaintiffs' claims occurred in Miami-Dade County.THE PARTIES TO THIS ACTION 6. Plaintiff VICARIA is an individual and a resident of Miami-Dade County. Plaintiff is a former board member for the South Bay Club Condominium Association, Inc. (the "Association").7. Plaintiff, CATURLA, is an individual and a resident of Miami-Dade County. Plaintiff CATURLA is a resident owner of a condominium unit at the South Bay Club Condominium Building.8. Defendant SUERETH conducts business as SBCO, an unincorporated organization located in Miami-Dade County Florida. Defendant's SBCO purports to be an ad- hoc committee formed by current or former members of the Association to provide "information' to owners of condominium units at the South Bay Club Condominium on 800 West Ave, Miami Beach, FL ("Condominium Building"). Defendant SUERETH owns and operates a blog entitled "South Bay Club Oversight".9. Knowing that his actions were libelous, Defendant SUERETH hid behind a series of fictitious names including but not limited to James Baker ("Baker"), Larry Beacon ("Beacon") and Jeff Swanson ("Swanson"). Under these fake names, Defendant purported to be separate owners of condominium units at the Condominium Building and concerned citizens. There are no unit owners at the Condominium Building identified by these names.9. Defendant SUERETH hid behind a series of additional fictitious names when harassing and threatening Plaintiff VICARlA at his place of employment. The fake names used by SUERETH included but are not limited to Susan Brenner ("Brenner") and Barbara Haskings ("Haskings"). Using these fake names, Defendant purported to be "concerned citizens" threatening VICARIA's employer so that he would be terminated.10. Defendant SOUTH BAY is the condominium association governing the South Bay Club Condominium Building where Plaintiffs reside. At all times material, the Defendant SOUTH BAY was controlled by two successive boards: the 2010 Board of Directors and the2011 Board of Directors. The 2010 Board of Directors included Dianne Thome, the spouse of Defendant SUERETH.
JURISDICTION AND VENUE 4. This is an action in damages in excess of the court's minimal jurisdictional amount of$15,000.00.5. Venue is proper in Miami-Dade County, Florida as Defendant SUERETH resides in this venue, Defendant SOUTH BAY operates solely in this venue and a substantial part ofthe events or omissions giving rise to Plaintiffs' claims occurred in Miami-Dade County.THE PARTIES TO THIS ACTION 6. Plaintiff VICARIA is an individual and a resident of Miami-Dade County. Plaintiff is a former board member for the South Bay Club Condominium Association, Inc. (the "Association").7. Plaintiff, CATURLA, is an individual and a resident of Miami-Dade County. Plaintiff CATURLA is a resident owner of a condominium unit at the South Bay Club Condominium Building.8. Defendant SUERETH conducts business as SBCO, an unincorporated organization located in Miami-Dade County Florida. Defendant's SBCO purports to be an ad- hoc committee formed by current or former members of the Association to provide "information' to owners of condominium units at the South Bay Club Condominium on 800 West Ave, Miami Beach, FL ("Condominium Building"). Defendant SUERETH owns and operates a blog entitled "South Bay Club Oversight".9. Knowing that his actions were libelous, Defendant SUERETH hid behind a series of fictitious names including but not limited to James Baker ("Baker"), Larry Beacon ("Beacon") and Jeff Swanson ("Swanson"). Under these fake names, Defendant purported to be separate owners of condominium units at the Condominium Building and concerned citizens. There are no unit owners at the Condominium Building identified by these names.9. Defendant SUERETH hid behind a series of additional fictitious names when harassing and threatening Plaintiff VICARlA at his place of employment. The fake names used by SUERETH included but are not limited to Susan Brenner ("Brenner") and Barbara Haskings ("Haskings"). Using these fake names, Defendant purported to be "concerned citizens" threatening VICARIA's employer so that he would be terminated.10. Defendant SOUTH BAY is the condominium association governing the South Bay Club Condominium Building where Plaintiffs reside. At all times material, the Defendant SOUTH BAY was controlled by two successive boards: the 2010 Board of Directors and the2011 Board of Directors. The 2010 Board of Directors included Dianne Thome, the spouse of Defendant SUERETH.
Friday, April 19, 2013
CARLOS VICARIA MARCELO CATURLA SLANDER LAWSUIT against TIMOTHY SUERETH
THIRD AMENDED COMPLAINT FOR DAMAGES (JURY TRIAL DEMANDED )
PLAINTIFFS : CARLOS VICARIA & MARCELO CATURLA v. TIMOTHY SUERETH SOUTH BAY CLUB OVERSIGHT SOUTH BAY CLUB CONDOMINIUM ASSOCIATION INC,
With intent to cause irreparable harm, Defendant TIMOTHY SUERETH has launched a campaign of harassment through publishing an online "blog" and sending emails containing outrageous and defamatory statements againstPlaintiffs VICARIA and CATURLA. The statements published by Defendant are shocking and outrageous including but not limited to statements that Plaintiff VICARlA was convicted of a felony for sexual battery on a child, that he is a sexual predator and pedophile. Defendant also makes outrageous and defamatory statements about CATURLA stating that he is a convicted criminal guilty of sex crimes and implies that he is also a pedophile. These shocking statements are false and have been fabricated by Defendant SUERETH against Plaintiffs. Despite knowing that the statements are false, Defendant emailed the defamatory statements to Plaintiff VICARIA's place of employment in order to cause him harm. Defendant SUERETH has orchestrated his harm by using a series of pseudonyms. Lastly, Defendant has posted and mischaracterized documents on various internet websites, tagging the documents with Plaintiffs' names along with the terms "sexual predator" and "pedophile" in order to cast Plaintiffs further his defamation. Further, Defendant posted copies of the defamatory statements along with pictures of the Plaintiffs in the neighborhood where Plaintiffs live in order to further harass them. The admitted goal of Defendant's harassment is to drive Plaintiffs from their building and wrongfully deprive them of their home.
2. Defendant SOUTH BAY is the association governing the South Bay Club property and has a duty to protect its residents from harassment. At the time that Defendant SUERETH published the defamatory statementsagainst Plaintiffs, Defendant SOUTH BAY knew that the statements were not true. Defendant SOUTH BAY was negligent in its failure to act to protect Plaintiffs and allowed a hostile environment within the building to thrive against Plaintiffs. Defendant SOUTH BAY's negligence in failing to protect Plaintiffs acted to legitimize the defamatory statements made by SUERETH.
3. Plaintiffs seek damages against Defendant SUERETH for Libel Per Se, Defamation by Implication and for Intentional Infliction of Emotional Distress. Plaintiff VICARlA seeks damages against Defendant for Defamation by Implication. Both Plaintiffs seek injunctive relief against Defendant SUERETH's continued harmful actions. Both Plaintiffs seek damages against Defendant SOUTH BAY for Negligence and Defamation by Implication.
JURISDICTION AND VENUE
4. This is an action in damages in excess of the court's minimal jurisdictional amount of$15,000.00.
5. Venue is proper in Miami-Dade County, Florida as Defendant SUERETH resides in this venue, Defendant SOUTH BAY operates solely in this venue and a substantial part ofthe events or omissions giving rise to Plaintiffs' claims occurred in Miami-Dade County.
THE PARTIES TO THIS ACTION
6. Plaintiff VICARIA is an individual and a resident of Miami-Dade County. Plaintiff is a former board member for the South Bay Club Condominium Association, Inc. (the "Association").
7. Plaintiff, CATURLA, is an individual and a resident of Miami-Dade County. Plaintiff CATURLA is a resident owner of a condominium unit at the South Bay Club Condominium Building.
8. Defendant SUERETH conducts business as SBCO, an unincorporated organization located in Miami-Dade County Florida. Defendant's SBCO purports to be an ad- hoc committee formed by current or former members of the Association to provide "information' to owners of condominium units at the South Bay Club Condominium on 800 West Ave, Miami Beach, FL ("Condominium Building"). Defendant SUERETH owns and operates a blog entitled "South Bay Club Oversight".
9. Knowing that his actions were libelous, Defendant SUERETH hid behind a series of fictitious names including but not limited to James Baker ("Baker"), Larry Beacon ("Beacon") and Jeff Swanson ("Swanson"). Under these fake names, Defendant purported to be separate owners of condominium units at the Condominium Building and concerned citizens. There are no unit owners at the Condominium Building identified by these names.
9. Defendant SUERETH hid behind a series of additional fictitious names when harassing and threatening Plaintiff VICARlA at his place of employment. The fake names used by SUERETH included but are not limited to Susan Brenner ("Brenner") and Barbara Haskings ("Haskings"). Using these fake names, Defendant purported to be "concerned citizens" threatening VICARIA's employer so that he would be terminated.
10. Defendant SOUTH BAY is the condominium association governing the South Bay Club Condominium Building where Plaintiffs reside. At all times material, the Defendant SOUTH BAY was controlled by two successive boards: the 2010 Board of Directors and the
2011 Board of Directors. The 2010 Board of Directors included Dianne Thome, the spouse of Defendant SUERETH.
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