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 Advocate's
Warning
Sun Spots Realty
The "Order" - Too bad we were not invited to attend the
proceedings,
Since they were pushed through without notice and
without any
opportunity for us to respond, reply or present our documentation
The cover letter from "Order", in the single sided proceedings, since we
were not notified of the proceedings until receipt of this "Order" there was
not way to present our documentation. And that was apparently the intent, to
prevent us from being able to present our evidence that what we are
publishing is truthful. If they had a valid issue, they would not have had a
problem with our being present at the proceedings.
File Number: 04-CvS-493
Pender County Superior Court, North Carolina
 SUN
SPOTS REALTY, INC., GENE
ANDERSON, and
BARBARA J.
ANDERSON,
Plaintiffs,
v.
SOUND TRAX TECHNOLOGIES, and
GERRY NOBLOT, individually, and
doing business as SOUND TRAX
TECHNOLOGIES,
Defendants.
THIS CAUSE was heard before the Court on the 5th day of August 2004, upon the
application of Plaintiffs for a preliminary injunction with written notice to
Defendants, and after considering Plaintiffs’ Complaint, Plaintiffs’ Application
and Motion for Injunctive Relief, the affidavit of Plaintiff Gene Anderson and
the arguments of counsel for Plaintiffs, the Court finds the following facts:
FINDINGS OF FACT
1. Plaintiff Sun Spots Realty, Inc., is a duly organized North Carolina
corporation with its principal offices located in Pender County, North Carolina.
2. Plaintiff Gene Anderson is an adult citizen and resident of Pender County,
North Carolina. Plaintiff Barbara J. Anderson is an adult citizen and resident
of Pender County, North
Carolina. Plaintiffs Gene and Barbara J. Anderson own and operate Plaintiff Sun
Spots Realty, Inc.
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Began Page 2
3. Defendant Gerry Noblot is an adult citizen and is currently a resident of
Mosheim, Tennessee, having recently relocated from Sneads Ferry, North Carolina.
Defendant Sound Trax Technologies is a business organization currently located
in Mosheim, Tennessee, which holds itself out to the public on the Internet as a
service provider in the fields of “data recovery,” “digital forensics,” and
information technology consulting. Until recently, offices of Sound Trax were
located in Sneads Ferry, North Carolina. Defendant Sound Trax Technologies is
owned, operated and controlled by Defendant Noblot.
4. Counsel for Plaintiffs has submitted a written certificate to the Court
indicating that written notice of this hearing was sent to Defendants at
multiple addresses, which are found to be current and correct addresses of
Defendants in or near Mosheim, Tennessee.
5. Beginning in the year 2002 and continuing thereafter, Defendants began a
campaign of intentional, malicious and willful dissemination of false and
defamatory writings published on the Internet by the Defendants, of and
concerning the Plaintiffs, which writings have caused damage to the Plaintiffs
and which Defendants continue to publish and cause to be published on the
Internet.
6. The Court has examined the writings complained of and specifically finds that
the writings are false and defamatory.
7. The Court has examined the writings complained of and specifically finds that
the false and defamatory writings, published on the Internet by Defendants, tend
to impeach the Plaintiffs in their trade or business.
8. The defamatory writings are contained in a web page entitled, “Advocate’s
Warning Sun Spots Realty Surf City,” which appears at Defendants’ website
(www.sneadsferry.com); the defamatory writings have been made accessible to an
unknown
End Page 2
Began Page 3
number of Internet users throughout the world via popular Internet search
engines, including but not limited to, those operated by Google, Microsoft
Network, America On-Line, Yahoo and Ask.com. Persons who have read the
Defendants’ defamatory writings have understood the words of the writings to
refer to Plaintiffs.
9. Plaintiffs have, on two occasions, demanded a complete and permanent
cessation of such false and defamatory publications, but Defendants have
persisted in continuing to publish and causing the false and defamatory writings
to be published on the Internet. Defendants received actual notice of
Plaintiffs’ demands to cease their false and defamatory publications on the
Internet, as recently as July 28, 2004. Rather than cease the publication
complained of, Defendants have replied on their Internet site as follows: “Our
Legal Department eagerly awaits ‘Sun Spots pursuing us with a law suit for
posting any complaint we receive.”
10. It clearly appears to the Court, from specific facts shown by the affidavit
of Gene Anderson, that immediate and irreparable injury, loss, or damage will
result to the Plaintiffs if injunctive relief is not granted. Further,
Plaintiff’s affidavit sets forth, in specific detail, the defamatory nature of
the writings complained of, and the Court specifically finds that the writings
are defamatory.
11. The false and defamatory publications of Defendants clearly expose
Plaintiffs to hatred, contempt, ridicule, obloquy and loss of goodwill in the
business community because they falsely accuse Plaintiffs of unethical andlor
illegal behavior in its business dealings and business relationships. Moreover,
the use of words such as “victims” and “horror stories perpetrated by Sun Spots
Realty” falsely portray plaintiff corporation as participating in unethical
and/or illegal behavior in its business dealings and business relationships.
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Began Page 4
12. Defendants have undertaken their campaign of intentional, malicious and
willful dissemination of false and defamatory writings either within the State
of Tennessee or the State of North Carolina, or both. To the extent that any
dissemination of any defamatory writing has occurred while the Defendants have
resided in the State of Tennessee, such intentional out-of- state activities
have produced harm within the State of North Carolina and have created or
maintained contacts with the State of North Carolina sufficient to confer
jurisdiction of this Court over the persons of the Defendants.
Based upon the foregoing findings of fact, the Court has reached the following:
CONCLUSIONS OF LAW
1. This Court has jurisdiction over the parties to this action and over the
subject matter of the Complaint.
2. The writings, published on the Internet by Defendants, of and concerning
Plaintiffs, are false and defamatory.
3. The false and defamatory writings, published on the Internet by Defendants,
tend to impeach the Plaintiffs in their trade or business and thus constitute
libel per Se.
4. Plaintiffs have presented facts and a forecast of reliable evidence
demonstrating a substantial likelihood of success on the merits of their claims.
This Court has balanced the likelihood of irreparable harm to Plaintiffs against
the likelihood of harm to Defendants if injoined and concludes that the
imbalance of hardship does appear in Plaintiffs’ favor.
5. Immediate and irreparable injury, loss, or damage will result to the
Plaintiffs if injunctive relief is not granted, and Plaintiffs are now entitled
to immediate preliminary injunctive relief.
End Page 4
Began Page 5
6. A bond in the sum of ‘Two Thousand Dollars $ is deemed sufficient to secure
the Defendants from any costs or damages they might sustain or incur as a result
of having been wrongfully enjoined, which bond shall be posted by Plaintiffs
immediately upon the issuance of this Order, and this Order shall not be
effective until bond is posted.
IT IS THEREFORE ORDERED, pursuant to N.C. Gen. Stat. § 1-485 and Rule 65 of the
North Carolina Rules of Civil Procedure, that the Defendants, together with
their officers, agents, servants, employees, and attorneys, or any other persons
acting in concert or participating with the parties, are hereby enjoined and
restrained from publishing or causing to be published, posting or causing to be
posted, disseminating or causing to be disseminated, broadcasting or causing to
be broadcast, communicating or causing to be communicated, advertising or
causing to be advertised, promulgating or causing to be promulgated, spreading
or causing to be to be spread, issuing or causing to be issued, or writing or
causing to be written, any false and defamatory writings, documents or other
materials, regardless of physical form or characteristics, of and concerning
Plaintiffs, by any means or methods whatsoever, on the Internet or any other
medium; and IT IS FURTHER ORDERED that any and all existing defamatory
documents, as attached to Plaintiffs’ Complaint and presented to the Court and
described herein, or any other defamatory materials be removed from the Internet
immediately upon service of this Order.
This ORDER shall remain in full force and effect, pending the trial of this
action.
Upon the posting of the bond by the Plaintiffs, a certified copy of this Order
shall be served by the Sheriff of Greene County, Tennessee, or by certified
mail, return receipt requested, upon the Defendants in this action.
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So ordered, this the day of August, 2004.
DEWEY J. HOOK Jr
Superior Court Judge Presiding
End Page 6
Does it look like your first amendment rights are being
upheld? It certainly doesn't look like it from our perspective. Without an
opportunity to present our documentation or express our side of the case, all we
can see is a fat, greedy, belligerent realtor, whom had enough money to hire an
attorney that could sidestep the intent of the law, or outright ignore the laws
of the land and buy a judgment. Whither it was by hiding the facts or by simply
buying a judge, we do not know.
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Last Revised:
July 12, 2006 12:41 AM, |
