Kimkins Lawsuit Review-

Justice and Divine Vengeance Pursuing Crime

Proud’hon Pierre Paul (1808, Paris, Musйe du Louvre)

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The Attorney Handling the Case

From the kimkins lawsuit blog The attorney who is investigating this case is John E. Tiedt, a great consumer fraud attorney based in Riverside, CA, who can be reached via the following:

www.tiedtlaw.com

jtiedt@tiedtlaw.com

951-343-3320

Former Kimkins Members in San Diego County

A fellow blogger, Wildangel at Say No to Kimkins, had the following message:

If you are a former Kimkins member and you reside in San Diego County,

John Tiedt would like to hear from you.

Please email John.

Thank you very much for your help.

~*~*~*~

I do hope that all former Kimkins members will consider joining the Kimkins Class Action Lawsuit. There is strength in numbers. If you have already joined the Lawsuit, please be sure that you get your affidavit to John as soon as possible.

Remember, if you need any help with this, be sure to watch the helpful video.

Thank you!

Where are we now in the lawsuit?

from Jeanessa at the Kimkins lawsuit blog

Lawsuit Update

February 22, 2008 by kimkinslawsuit

  • 1) John Tiedt has now officially taken 2 depositions of Heidi Diaz.
  • 2) John Tiedt has now officially taken 1 deposition of Brandon Diaz
  • 3) We have learned that while Heidi Diaz was profiting from Kimkins through the Women’s World surge et al, she was also still accepting payments and income from SSDI and Medicare.
  • 4) Heidi Diaz is still currently making money and still in business, however we have acquired new information that affirms the belief towards her concealment of assets.
  • 5) We have uncovered evidence of more fraud and false advertising.
  • 6) Brian Pugh is not an attorney, but he is an employee of Bert Cottle, and Brian formed Sharp Plumbing LLC, Halcyon Web LLC and the Beauchamp Trust for Heidi Diaz. John Tiedt plans to complete a deposition of Brian Pugh in the near future.
  • 7) Bert Cottle has filed a demurrer that we are confident will fail. In addition, Bert Cottle has put in a motion to set aside the writ of attachment that is in place on Heidi Diaz’s assets. It is entirely up to the judge and she will hand down her decision after she has reviewed all of the court documents on 3/21/2008.

To Keep An Eye On The Case

All the current court documents can be viewed at the Riverside Court docs

casewatch.jpg Case watch

Edit- Jeanessa did an update on the lawsuit blog-

To Heidi, the Principals, my Fellow Duckies and all who are interested…

First of all, I’m angry.  So, this probably won’t carry the polite tone I try to keep in my normal, everyday interactions with everybody.  Forgive me now and let’s keep it moving.

I can’t thank the principals and others enough for being brave enough to put their names and faces on the fight against Kimkins and I can’t thank the Duck Squad (of which I am proud, card-carrying member!) enough for working hard and never letting up on revealing the lies and providing the information that has been needed to get this case off the ground. That being said, it has come to my attention that at least one of the principal representatives in the consumer fraud class action lawsuit against Kimkins.com and Heidi Diaz has been potentially scrutinized by Heidi and, possibly, her defense team.

I was well aware of the potential for this type of thing and did try to warn anyone who was interested in standing up against Heidi that this might be the case as the court proceedings progressed.  So, rest assured, none of us has gone into this with our eyes closed.

 Still, I have a few things to say…..MORE

HoneyBee’s Blog

I Am Not Ready To Make Nice with Kimkins

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Award Ceremony To Be Scheduled Soon!

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In my last post I noted the award that should be bestowed upon Heidi Diaz, the Kimmer, who is the founder of the kimkins diet and it appears that the case ceremony will be heard held in front of “your honor” in honor of Heidi Diaz. The sentencing ceremony may be long, but mug shots pictures will be immediately following the event.
It would be outstanding if Woman’s World would decide to cover the event and back story on how Heidi Diaz, the Kimmer, earned this award.
But there will be more coverage on this case ceremony. So check out the Riverside Court House documents and the other blogs on my blogroll.

Case watchKimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

The Facts of Life in the Kimkins Saga- You Take the Good You Take the Bad!

Click to hear the “Facts of Life”

Where is a Mrs. Garrett when she is needed?
Wow, who knew so many words of wisdom were packed into this 80’s tv theme song?!?!?
The song says:

You take the good you take the bad
you take them both and there you have
the facts of life

Maybe I was the only one allowed to watch sitcom tv or at least took away a life lesson from something besides an after school special. But life gives you good and bad situations, it will give you good and bad google searches, good and bad posts, and then good and bad days too.

It appears that some people only want to take the good that they can get from the LCF members, a.k.a- the redheaded stepchildren, but they can’t accept that there may be some bad that comes up along the way too.
Not all research will yield additional information and some leads will become dead ends.
Not every post will be pc, in good taste, or agree with the reader’s viewpoint, nor will every member’s post be a reflection of the total group.

There’s a time you’ve got to go
and show your grow’n and now you know

I don’t know about others, but I certainly feel that I have been shown a side of people in their words and their tone, displayed in recent posts, that I hadn’t seen in the past. I do feel that I know more about those people now.

When the world never seems
to be living up to your dreams
and suddenly you’re finding out
the facts of life are all about you

This seems to fit the recent posts from jimmy’s forum. It seems that guilt mixed with the stress of life was making…the world or LCF seem that that they are not living up to the dreams of some, and suddenly they are finding out the facts of life/some of the facts of the case are about them and now they want to make everything about them or their efforts to stop Kimkins.com.

It takes a lot to get them right
when you learning the facts of life
learning the facts of life….

It does take some time to learn and understand the objective of some or the person behind the words. I know I personally had placed respect for a person that now appears to have not deserved that respect, so I guess I didn’t get that one right.

Kimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

Low Carb Forum “Fascination thread”- the Red-headed Stepchild of the Kimkins Investigation?

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The idea that the LCF- fascination thread can at times become a tad, unruly or snarky is not a new theory. If the members who participated were told as much that probably would say….Yes, that is true so those who find it not to their taste, should in their own best interest, refrain from reading the thread.

But most of the time the thread participates are called “haters”, “lynch mob”, or it is implied that they are just there out of boredom; trying to find something to do while waiting for news on the legal aspect of things. This belittles every effort that has been in the past, currently and even future actions by those so called ‘haters’. That is where the defense mechanisms kick in and the members then feel compelled to defend all prior work on the case.

This scenario has happened more times then I care to remember, because quite frankly, it gets old. I have grown weary of defending the hard work that I know everyone is doing. Well, at least the ones that post there frequently. I also know there are groups that do work outside of LCF as well. I for one am feed up with those who love to read the updates and be in the know, but don’t want to subject themselves to our humor or whatever the person is condemning us for at the time.

You would think by now the members who participate in the “fascination thread” would have grown accustomed to being treated like the “red-headed stepchild” in the anti-kimkins family. Being told that yes we have been good, but not good enough! We get a pat on the head and a tongue lashing to hopefully put us in our place.

Then the scenario repeats itself again in a few weeks. Although the scenario has happened many times, one of the most shocking blows came from Becky a.k.a. Littlebit formerly of Kimkins.com recently.The following is Becky’s post on us the LCF members…..the red-headed stepchildren ………

Post- Dec 14 2007, 03:41 PM

I am actually very upset with the LCF people and the blogs for being part of driving that site out of business. In fact, I am furious!

They can like it or not, but she was not a fraud, she was successful and real, and was well within her rights to start a business selling her diet. Contrary to their misinformed opinion, anyone can sell a diet, without a doctor or nutritionist affiliated, as long as it is within minimal safe legal standards, which hers was (and Kimkins isn’t). She stated up front what the diet was better than Kimmer did (low carb, low cal, low fat), offered more support and more caution than Kimmer did, and kept calories higher, up within the range of MANY commercial diets that operate freely and unimpeded. The site cost her money she may or may not have recouped, and it certainly deprived her overnight of a stream of revenue she no doubt counted on. She has lost her business (and hopes of funding reconstructive surgery, apparently) right before what should have been her busiest season.

If they are opposed to anyone making money off of diet support, there goes entire sections of every bookstore in the country, and just about every diet board online, because they all make money to pay the bills somehow, whether in selling information, support services, ad space, or products.

If they think it is wrong to sell something without ALL the details being known first, they had better get appointed head of the FTC, and pull down half the marketing out there on the web. Better yet, become a majority in Congress, and change the rules. FALSE information, like Kimmer gave, is illegal. Withholding disclosure of info required by law is illegal. What the chicken site did is lawful marketing, whether we like it or not.

This was important to her, and a mere passing fancy to many of them, and they helped to destroy her business.

If it had had anything to do with Kimmer, WHY would the guy have taken out an ad for a freelancer to make it like the Kimkins site? After all, Heidi OWNS Kimkins, has the tech team that BUILT Kimkins, and could use that template to pop up another in a flash.

Congratulations. They ended up doing Kimmer’s dirty work for her, and managing to get her competition shut down.

They will not rest, apparently, until Tippy’s site and this lady’s site and anyplace else current Kimkins members might really fell warmly welcomed is gone.

Yet they are patting each other on the back and doing the happy dance. I am disgusted.

Furthermore, LCF still has the Kimkins diet there, with many Kimkins threads devoted to it. If the Magic Chicken Lady was dangerous, what about LCF? True, there is the Fascination thread, which has done a lot of good work, but the rest is also still there, too, and nothing to stop people from following it as Kimmer always promoted it. Tippy’s new site and the Magic Chicken site both have better bottom limits than that.

On top of that, they did to the Chicken Diet lady what they did to Tippy, and others — insulted her looks, questioned her intelligence, mocked her spelling and grammar (and that of her family), and cast aspersions on her character, her intentions and her other dealings, on the merest of suspicions, with scanty evidence. Debate over evidence is one thing, but ad hominum attacks are uncalled for.

They have even had a go at Hector Diaz, remarking that ‘maybe his elevator doesn’t go all the way to the top floor’. He has been willing and able to participate in providing valuable info to the proper people, and he comes under attack? Out of line!

I appreciate the value of the Fascination threads, and the good intentions and contributions of many people there. However, this out-of-control nonsense is exactly why many people (including Tippy) didn’t listen to them over Kimmer. The true message gets lost in the ugly noise.

Heidi is the true, deliberate scammer here. Every other player, to some extent, has been duped and used.

The ends do not always justify the means.
We are wading into people’s hopes and dreams and fears and very identity and self-definition. Shame on us if we trample and misuse and exploit that!
Then we are doing to them what Heidi Diaz has already done.
It is wrong to re-victimize the victims, just to make our case!

Now, they can have a go at me, if they like.

 

Kimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

Where there is smoke there is fire…Especially, when it comes from Kimkins

Tippy has posted that she does in fact have a website called campcarbaway(dot)com and she is excepting members. The odd thing is she didn’t mention her partners in this. Hmmmmm……………… Is Kimkins.com
a distance memory or is it a new domain? Will Kimkins
come forward with any input?
But here is what TT did say-

Tuesday, December 11, 2007

Is There Another New Website?

“There is another new website and it is not the Magic Chicken diet site either. It is a site set up with the intent of providing a home to Kimkins members who may find a need for a new home soon. The site is also open for all dieters and plans. This site does belong to me and is not affiliated or linked with Kimkins site in any way.

If you would like to join this site you must first register and then be approved. Email me at baitingerjeannie@yahoo.com and let me know what user name you chose and who you are.

campcarbaway.com

Peace to all and happy holidays”

Tippy Toe Tries to Justify the Kimkins’ Plan

Well even though TT’s first blog was short lived, she apparently was reading other blogs and forums. The following was from her “new”, albeit not improved, blog. Tippy appears to not fully understand that while she may view her previous behavior as, something that is easily explained away, she has not addressed the reason she chose to get intertwined with Kimkins.com or the Kimkins Diet once the fraud had already been brought to light.

To see a breakdown of the Kimkins Diet view this recent blog post 2big4mysizeblog

The blogger looks at a daily menu planned on the basic outline of the Kimkins Diet and asks Tippy to comment on how she can classify the Kimkins Diet as safe.

Below is Tippy’s her current blog- *Caution* If you are allergic to BS the following may cause you to experience a severe reaction upon reading:

December 9, 2007

I did delete the last post as I was afraid some would be offended. That is certainly the last thing I want to do.

Pooticus, the recipe I gave you will not really make you fat. It is in LCF recipe room–peanut butter cups. I apologize for making fun of you. I was upset over you and Cutie arguing over fats. So I gave you a high fat recipe and did laugh. I am very sorry. But in truth, I have made this recipe several times and once ate 11 muffin sized in 3 days and did not gain weight. But over eating them did not let me lose any weight either. I hope you can find it in your heart to accept my apology. It was wrong of me to poke fun at you and I am truly sorry.

For the rest reading this I just wanted to make one thing clear. I do not believe the Kimkins diet is harmful if medically supervised and with proper supplements and calories over 800 (more is better). I am sorry if this is offensive but I just cannot lie about it. I have lost over 68 lbs on Kimkins in cycle rounds. What is wrong with Kimkins, in my opinion, is pushing the plan behind the plan, cutting calories lower and lower… This I do believe is extremely dangerous and I would never advise such.

My problem with Kimkins is not the diet. It is the founder, the starvation advice I now know that was previously given by her and the dishonesty that followed. I have a problem that she is accepting money from new members knowing her site is (in her words) unstable. I feel bad for existing members who may soon find themselves with no home base or support.

I do apologize to Christin and Deni. I am very sorry I accused you both of setting poor examples as moderators. I now understand you were following the advice and orders from a woman you thought was 118lbs and on maintenance for 5 years. Please forgive me.

As far as scrubbing the site I have no idea what people really mean by that. Yes I did remove offensive posts but I have never removed anything prior to my time as a subcontractor there. Yes, I was a subcontractor and do expect a 1099 for taxes. If I do not receive a 1099 I will file taxes based upon my earnings anyways. I am no longer affiliated with Kimkins in any way, nor am I affiliated with Heidi Diaz and never will be. Never.

I ask that you try to have patience for Kimkins members. This is not going to be easy for them should the site close. Many have experienced much success using the plan and will want to continue to use the plan. Please don’t make them feel ashamed for that. Instead, if they show up at your site, please encourage them to stay safe and be reasonable with the diet. But don’t make them feel they have leprosy because of their dieting preference.

Kimkins Diet
HoneyBee’s Blog
I Am Not Ready To Make Nice with Kimkins

-The Kimkins Fraud a Lesson to Online Affiliations and Dieters Alike

A new blogger has entered into the anti-kimkins arena and is warning affiliates how Kimkins can be a lesson to them. Read more about her story here. Kimkins and Other Affiliate Marketing Nightmares

Kimtanic