Thursday, January 19, 2006

The Ususal Bullshit from Dick... lol

Update 01/19/06...FSS Breaks 152,000 Visitors and 2300 Members! The FSS Lawsuit regarding Bruns/Kirch et al, 2005-CI-19492, to be re-filed in Federal Court once all the remedies in District Court are exhausted.

The "remedies" have already been exhausted Dick... remember? You lost the case!

The suit filed on these two PUNKS (and defendants to be added later through discovery) is apparently headed for Federal Court.

"Apparently"??!! Dick, make up your mind! Is it going to Federal Court, or not? You're the only one who has to decide... and then you have to check your wallet to realize that you can't afford to do it. But then, why do you care as your life is just total bullshit anyway... like your "speeches" on your website.

It was a slim (NO SHIT SHERLOCK!!) hope, at best, to gain jurisdiction in the Texas State District Courts due to jurisdictional issues (maybe you should have listened to your lawyer... oops, you did!), related to both personal jurisdiction and subject matter jurisdiction (that's it Dick, try to baffle us with your usual bullshit). On the personal jurisdiction, Defendant's filed a "Special Appearance" and prevailed, but this action has remedies which FSS will pursue (No, you won't chicken-shit). The attorney for these felons, hackers, etc. could have easily had the case removed to the Federal Court System with the costs paid by FSS (you don't have any money so what's the point?), but we believe she just wanted to bleed the slush fund instead of conferring with opposing counsel (there was no opposing counsel douche-bag!! Remember Dick? You represented yourself) in order to save the defendants money. FSS really had no qualms with how the Defendants' wanted to spend their fund and in reality, are quite happy with the depletion of such. So, for all you big spenders, i. e., Russell Miller and his $9.41, get ready to pony up much more for the next round (no one's holding their breath moron)! This case has merit (no, it doesn't) and FSS will prevail!(no, you won't) Richard "Stick me in the arse" Scoville CEO..FSS

Saturday, January 14, 2006

Un-frigging-believable...

Can Dick get any stupider?? OK, don't bother answering.

Judicial Misconduct .. Lame Duck San Antonio District Judge John Specia Jr. Goes Beyond The Pale!

Author: JUDICIAL.WATCH
Abstract:
FreeSpeechStore.com (FSS) will soon file misconduct charges against Judge Specia similar to those filed last year against this arrogant, pompous, bias...

I can't WAIT to see how this turns out... ;-D

Sunday, January 08, 2006

Let's get REAL stupid Dick!

Dick, as most sane people know, is a number of bricks short of a full load but now he's done something even some sane people couldn't have dreamed he would do. It seems that because AHBL hired a lawyer and he was his own legal consel then that makes him the smart guy in this situation. Rather than going home to lick his wounds and shut the hell up he's decided that the AHBL lawyer is now a target. Now I know that most of us don't hold the legal profession in the highest of regards but I would have to be REALLY FRIGGING DRUNK AND STONED (I don't drink or do drugs so I'm stuck now) to have to start harassing a lawyer in such a stupid fashion. All she needs to do now is call a couple of favours and Dick is before the judge with a brand new lawsuit to discuss with the judge. Only this time he'll be the defendant and probably on the end of a nice new "cease and desist" action... and the judge will want to know how someone that stupid is allowed to walk the streets.

Mary Claire Fischer, San Antonio Attorney ( SBN 07043020) Plays Ahbl.org & Legal Fund Contributors For Suckers!

Author: FSS
Abstract:
All Mary Claire Fischer had to do was get the lawsuit expeditiously removed to Federal Court at the expense of FSS, but that would not generate enough...

Sounds like "sour grapes" to me but, what the hell do I know??!! Over to you, Dick!

Babs outlook on reality... not quite.

Looks like old Babs isn't able to understand the reality of Scoville losing... she seems to think that Scoville won for some reason and now she's says that Scoville was wrong in his methods!! OMIGOD!!! Even Babs knows that Scoville is an idiot!!!

AHBL suffers significant financial legal loss, FSS will prevail!
Author: BARBARA SCHWARZ M.O.R.O.N.
Abstract:
I would have filed he case right from the start in federal court but who knows, perhaps, Rick Scoville's decision filing it first in state court was a...

Saturday, January 07, 2006

Oops!!!

I can't imagine that ol' Dick was behind this "speech"!! ;-)

FSS Lawsuit Agains AHBL et al DISMISSED

Author: DAVIDCARYHART
Abstract:
Friday, January 6, 2006: The FreeSpeechStore lost it's legal battle against the AHBL, Brian Bruns and Andrew Kirch. The San Antonio Court determined ...

Battle?? It wasn't even a dustup! ;-)

Too bad, Dickie... we were all pulling for you! Next time you should hire a REAL lawyer and then ask us for donations. I'd be the first in line... with the contents of my cats' litter box. BITE ME!!!!

Scoville recieves an honorary degree from the Babs Schwartz School of Law, San Antonio Campus

Looks like Scoville is up to his armpits in threats today. Now he's on his way to Federal Court to really piss off some more judges...

FSS Lawsuit regarding Bruns/Kirch et al, 2005-CI-19492, to be re-filed in Federal Court
Author: FSS
Abstract:
The suit filed on these two PUNKS (and defendants to be added later through discovery) is headed for Federal Court. It was a slim hope, at best, to ga...

Now he admits that "it was a slim hope"... gee, if he had gotten a REAL lawyer instead of representing himself he might have saved himself the embarassment of having a judge telling him that he was an idiot. Keep us all informed Dickie on your trip to Federal Court and let us know how we can all be added to your defendant list. Please!!!

And, EXACTLY what does "discovery" mean?? Why don't you just sue the entire internet community... except for Babs and Mikey of course.

Gee, REALLY??

Of course, the idiot Scoville didn't have enough guts to post this latest speech until AFTER he got his ass kicked in court but then no one should be surprised.

Questioning The Ethics Of Attorney At Law, Mary Claire Fisher Of San Antonio, Texas

Author: FSS
Abstract:
Normally, I would say.."You get what you paid for", but with this attorney you get much more and that is not a positive if you are the client! Refer ...

Let's go over this one time...

1) Scoville represented himself at the trial... he surely got what he paid for! ;-)

2) The attorney for AHBL would only need to be a monkey to win this "case"... all she had to do was to say to the judge, "we're just going to let Scoville yap". Scoville yapped and then he got his ass kicked out of the court. lol Yeah Scoville SHE blew the case... there wasn't a case to start with and Scoville knew it and he has to face the fact that he's an idiot, a spammer, an internet abuser... I could go on but you get the picture.

3) Ethics??!! She won the frigging case and I doubt that her ethics, or lack thereof according to Scoville, had anything to do with it. The only person lacking ethics in that courtroom was the Dickhead himself, Mr Richard Morton Scoville of San Antonio, Texas.

Congrats to Mary Claire and the AHBL for winning the case and kudos to Scoville for giving us all a great laugh and a tremendous start to 2006!! Keep up the abusing Scoville, your momma must be rolling in her grave thinking that you're still out there being a dick.

Thursday, December 29, 2005

This explains a lot about Scoville and his business "acumen".

> does anyone know why for WSJ was sued in the first place?

From a posting on USENET by Spamtrap@spamcop.net:

Artifacts follow:

(1) Richard Morton Scoville was described in a Friday, November 16, 1990 San Antonio Business Journal article ("Artesia Water Loses Moneyin Judicial Victory") as the "owner" of ArtesiaWaters.

In that article, "Rick Scoville" was described as having brought suit in February 1987 against a glass bottle manufacturer in Mexico and winning, in December 1989, a substantial judgment in a jury trial:
$ 28,060 actual damages
$ 2,000,000 exemplary damages
$ 136,000 attorney's fees

However, in May of 1990, a judge reduced the award to actual damages only. Per the article:

"My greatest fears had become a reality -- that a judge, not a jury of my peers, would tender a verdict which was predicated by something other than right versus wrong," says company president Scoville. Judge Whittington was unavailable for comment. But jury foreman Darla Allen, who LEARNED OF THE CHANGE IN THE AWARD THROUGH LETTERS FROM SCOVILLE, says she is disillusioned about the system.
...
Scoville was FINED FOR CONTEMPT OF COURT DURING THE TRIAL and fined $ 500 when he protested to the judge against an ACCUSATION BY THE DEFENSE THAT HE WAS BOTTLING TAP WATER. ... "We almost did go out of business because of this," Scoville says.

(2) On Wednesday, April 10, 1991, the Wall Street Journal published an article with this title:

FDA FINDS BUNK IN BOTTLEDWATER CLAIMS

In summary, the article stated:

Food and Drug Administration survey of US bottled-water industry suggests that water of number of domestic companies may not be as pure and natural as consumers have been led to believe; ArtesiaWaters ... is heavily processed and COMES FROM THE SAME UNDERGROUND SOURCE THAT SANANTONIO TAPS FOR ITS MUNICIPAL WATER SUPPLY...

(3) This article was followed by more public discourse regarding bottlers and their claims, including specific discussion regarding Richard Morton Scoville's company, Artesia Waters. As noted in theMonday, April 15, 1991 article in 'Adweek Marketing Week' (BRANDWEEK):

Water Brands Face New Scrutiny

Last week the $ 2.6 billion category won more unfavorable publicity as Rep. John D. Dingell (D-Mich.) conducted hearings on the industry.

In testimony, the FDA revealed a bit of common industry knowledge -- that bottledwater sources are often the same ones used by municipalcities. For the White House's favorite water brand, Artesia, ArtesiaWaters Inc. USES THE SAME ACQUIFIER AS THE CITY OF SAN ANTONIO, TEXAS
...
I think if I lived in San Antonio," ... "I'd feel a little cheated."

(4) In a Monday, July 10, 1991 article in the "Marketing News", Scoville announced his plans to sue the Wall Street Journal, and a professor who was a source for the WSJ's article, and "possiblelitigation against [U.S. Representative John D.] Dingell".

Bottled-water firm set to sue over charges

ArtesiaWaters Inc., San Antonio, Texas, which is threatening legal action, said it watched sales plummet 45% in May, a month after a General Accounting Office report, ...
The charges that Artesia is the same quality as San Antonio's tap water are "totally ludicrous," Scoville said. ...
But Scoville said it was the The Wall Street Journal's preview of the House hearings, which included allegations against Artesia, that had the "most damaging marketing effect."
...
the company is putting together a "major, major lawsuit" against the Journal and one of the story's sources, ... a professor of environmental health and hydrology at University of Texas at Houston. ...

The congressional hearing "stirred up some unnecessary controversy" but "I really don't think it hurt the industry," said Hellen Berry, vice president of marketing at Beverage Marketing Corp., New York. Consumers were skeptical about bottled water but that lasted "no more
than a week." ... Artesia was one of the few brands "actively affected" and it has "already starting making its explanations." Berry said other bottled water marketers "would be well advised to ignore [the controversy] totally."

(5) According to a Friday, August 14, 1992 article in the San Antonio Business Journal, Scoville and ArtesiaWaters filed yet another lawsuit, this time in July against another bottle supplier, claiming "2 millionin sales ... and $ 5 million a year in potential sales".

Artesia, Bottle Supplier Negotiating to Settle Legal Dispute

Artesia's petition alleges that [Vidriera Oriental, S.A. de C.V. (VOSA) of Mexico] misrepresented its ability to produce bottles before entering into its contract, violating the Texas Deceptive Trade Practices Act. Under the act, Artesia should be able to recoup its
attorneys fees from the defendant in addition to three times its actual damages, according to the suit. ...
The suit is not the first Artesia has filed against a Mexican bottle company. ...

In that suit, a Dallas County judge pitched out a jury's decision togrant Artesia $ 2 million in punitive damages and legal fees, instead awarding the company $ 28,060 in damages from the lengthy case. The judge's decision cost Artesia $ 150,000 in legal fees that it would have partially recouped if the jury's decision had been allowed tostand.

Within six months of the decision, Artesia appealed the suit and came to an out-of court settlement with Vitro, Scoville says. He would notreveal the amount of the settlement.

(6) In a Monday, January 25, 1993 article, the "Legal Intelligencer" announced the jury's verdict AGAINST Scoville and ArtesiaWaters in theWSJ lawsuit:

JURY: ARTESIA WATERS WAS NOT LIBELED

A federal court jury ruled Thursday that ArtesiaWaters, Inc., was not libeled by a story in the Wall Street Journal that said the companymisled consumers about the source of its product.

Artesia President Rick Scoville said he planned to appeal,...

Both Scoville and his attorney, George Shaffer, said they won a moral victory because the jury did find that the company had not distributedcontaminated water and did not have to recall any of its products.

(7) A Monday, Frbruary 15, 1993 article in "Texas Lawyer" describes the
verdict additionally:

ARTESIA WATERS INC. v. BRUCE INGERSOLL and THE WALL STREET JOURNAL

... Austin's George, Donaldson & Ford successfully defended The Wall Street Journal and one of its reporters in a $10 million libel suitfiled by San Antonio-based ArtesiaWaters Inc.

Artesia was represented by brothers George Shaffer and Robert Shaffer & Shaffer.

U.S. Magistrate Judge John W. Primomo of San Antonio on Jan. 25 entered a take nothing judgment and dismissed the suit with prejudice. An eight-member jury ... found Jan. 21 that statements in an article published April 10, 1991, were not false and defamatory to Artesia.
...
The suit, filed in March 1992, alleged that the article implied that Artesia sells city water, has had false or misleading promotions, has bottled contaminated water and has conducted a recall. The jury found only that the article stated or implied that Artesia sells city water and has had false or misleading promotions. But the jury said those statements were not false and defamatory.

(8) The case had interest in the publishing community, as noted in a Saturday, February 20, 1993 article in "Editor & Publisher Magazine":

WSJ cleared in libel case

...
The jury found that the "article is a substantially true account of the activities of the FDA" and a congressional committee.

Scoville claimed in the $ 10 million libel suit, filed in March 1992, that the story damaged the company's reputation and reduced its sales.

Journal lawyer R. James George said the company misled the public by claiming the water was "bottled at the source" and showed a waterfall on the label. However, George said, there was no waterfall at the source. He claimed Scoville even kept the source a "trade secret" forsome time

(9) It is unclear if Scoville's string of unsuccessful lawsuits led to this, but, as noted in this Friday, November 25, 1994 article in the San Antonio Business Journal, the "financial backer of firm-founder Rick Scoville" sold ArtesiaWaters Inc. to an employee, MARGARET K. SHODROCK, and two outside investors:

Artesia: New owners, focus

ArtesiaWaters Inc., Texas' oldest bottler of mineral water, has quietly changed hands.
...
...Shodrock says the deal was "very attractive." The Business Journal was unable to reach Scoville before press time or find out the name of Scoville's backer.

The firm's new owners have also changed Artesia's name to Alamo City Beverage Inc., but will continue to offer products under the Artesianame.

Alamo City Beverage currently has a work force of 18 people, but employs more during its peak seasons during the summer. It operates at a 37,000-square-foot bottling plant at 4671 Walzem Road. The companypurifies and bottles water from the Edwards Aquifer.

Shodrock has been employed by Artesia for seven years, serving in positions ranging from corporate comptroller to operations manager.

The firm's new president, Cheryl K. Randol, formerly maintained a local dental practice, served in a teaching position at the University of Texas Health Science Center and as a senior vice president at Texas Dental Plans Inc. Randol and her husband are now co-owners of Alamo
City Beverage. ...
The company has replaced its old trademark brown glass bottles with plastic.
...
According to Shodrock, the company under Scoville suffered declining market share because of its emphasis on carbonated and flavored water.

"It was a management decision." Shodrock says. "(Carbonated water) was the emphasis that (Scoville) wanted." Scoville is no longer with the company.

Scoville, a former industrial glue salesman, launched the company in 1980, taking on France's Perrier, the dominant brand of bottled waterat the time.

Scoville, an aggressive pitch man for his products, took the company through a series of ups and downs during his tenure as CEO. During the late 1980s, Artesia outsold Perrier's name-brand carbonated water inTexas.

But, the firm also felt a slap when the Wall Street Journal ran an article claiming the company misled consumers about the source of its product. The company filed a $ 10 million libel suit against thepublication, but a federal jury found the story not to be libelous.

During the trial, testimony pointed out that the firm's earnings decreased from 1989 to 1991, according to media reports. In better times--1985--Scoville turned down a buyout offer from brewing giantAnheuser-Busch.

(10) An amusing footnote to the foregoing, and a preview of his current net lunacy, is provided by this report of harassment by Scoville ofsamspade.org:

http://static.samspade.org/flynow.html

A usenet spammer, using the name of Margaret Morice, using the email addresses fly...@swbell.net, mamor...@aol.com, KRic...@aol.com and a number of flyno...@aol.com addresses is harassing both SamSpade.org and centergate.com (the nice company that donates all of SamSpade.orgs huge bandwidth requirements).

So far the harassment has taken the form of mailbombing, obscene email, frivolous complaints to providers, harassing phone calls, bogus police reports, threats of lawsuits and a number of other things. These have gone to not only myself and the employees of Centergate and associated companies but also to others who sit on the same commitees as Centergate staff members. There have also been false allegations, including what appears to be forged porn spam, sent to businessassociates, risking significant business costs.

The users real name appears to be Richard Morton Scoville, of San Antonio, TX
...
The user concerned uses a static DSL line, provided by swbell.net at 65.66.180.192/29:

CustName: Margaret Morice
Address: 2701 W 15th St PMB 236 Plano, TX 75075
Country: US
Comment:
RegDate: 2002-05-07
Updated: 2002-05-07
...
The website served by those addresses is freespeechstore.com:

Organization:
Free Speech Store
Margaret Morice
P.O. Box 120442
San Antonio Texas 78212
United States
Phone: 1111111111
mamor...@aol.com

Registrar Name: addresscreation.com
Registrar Whois: whois.addresscreation.com
Registrar Homepage: http://addresscreation.com

Domain Name: freespeechstore.com
Created on: 05/28/2001
Expires on: 05/28/2003
Record Last Updated on: 04/18/2002
...

Besides the obvious, I do wonder about the relationship, if any, between "Margaret Morice" and "Margaret Shodrock"

It is time to show our support for the AHBL

Normally, I wouldn't post a request for donations, but the time has come to offically ask for the help of anyone who is willing to take a moment and donate some money to help cover the costs of the case the AHBL is now involved in.

We need to raise $6000 to cover the retainer for our legal defense - no small amount by any means. However, with the help from people here andsome word of mouth, we should be able to raise the necessary funds.

We've got a page up at:

http://www.ahbl.org/legalfund

That page explains what is going on, as well as lists the people who have donated.

Please help us preserve the AHBL and spread the word!

--
Brian Bruns
The Summit Open Source Development Group
http://www.sosdg.org / http://blog.sosdg.org/bruns

The Abusive Hosts Blocking List
http://www.ahbl.org

Wednesday, December 28, 2005

Scoville's frivolous lawsuit

Scoville actually followed through on one of his many threats to sue someone and filed an absolutely ridiculous lawsuit against the AHBL. The guy is an absolute joke and will be laughed out of court... if it ever gets that far. Once Brian and Andrew post their particulars for donations and any other help that they need, it will be posted here. Let's help these guys in their battle against the idiot Scoville. One of us could be next and we need to stick together and shut the prick down.



This is an official statement made by the AHBL regarding the suit filed in Texas Court by Richard Scoville
. This statement has been authorized by our legal council. On Saturday December 17, 2005, the AHBL was served at it's Indiana address with a Temporary Restraining Order (TRO) and Suit filed in Bexar County Texas Circuit Court. The suit seeks in total 3.525 million dollars in damage for Mr Richard Scoville, broken down as follows:

$2,000,000 "For the loss of "benefit of hte bargain" to negotiate and conduct business in good faith"
$1,000,000 "For the continuing damages to personal business credit"
$500,000 "For his emotional distress occasioned by the wrongful acts set forth above, including hte personal humiliation and embarassment in hte Usenet portion of the internet"
$25,000 "For the costs incurred to constantly change ISPs and the escalating costs to maintain an ongoing business"

Very shortly the AHBL will put up a page and ledger requesting donations to fight this case which is 1100 miles from the AHBL base of operations. We will also be posting in PDF format over the next few days all public record paperwork for this case. Your donations will be put to good use in defending the AHBL and are greatly appreciated. Please note that the AHBL has never been financially profitable and even with Google ads is run entirely out of my pocket. Thank you for your consideration in this matter, I will vet all questions posted here through council beforeanswering them.

Please note that because of the TRO a removal of the "Free Speech Store" has been in force since Monday December 19, 2005, in full cooperationwith said order.

--
Andrew D Kirch | Abusive Hosts Blocking List | www.ahbl.org
Security Admin | Summit Open Source Development Group | www.sosdg.org
Key fingerprint = 4106 3338 1F17 1E6F 8FB2 8DFA 1331 7E25 C406 C8D2

Tuesday, December 27, 2005

Disabled Rights Alliance and Dick Scoville

Seems that Dick has a new friend, Little Stevie Palmer of some sad-sack organization called the Disabled Rights Alliance of Canada. This guy is a whole lot like Dick in that he tries to bait people into saying something against him and then calls you a "Neo-Nazi". Have a gander at his Google group for a good laugh... he sounds like Babbles Schwartz in that everyone is against him and his supposed fight for disabled rights. A true idiot and a Scoville/Schwartz clone..

It appears that some people might actually belong to this organization... they may want to do a little research on what Palmer is posting on USENET.

This guy is apparently on the board but no one else seems to be willing to post that fact on the internet and we can find no website belonging to the DRA. We did find that they were incorporated in December of 2004 in British Columbia.

Philippe G. Lucas

17-1875 Christie Way
Victoria B.C.
V8R 5S7
250-884-9821
phil@drugsense.org