More Info Needed by Attorney

The latest from Jeanessa:

I want to send out a resounding thanks to everyone who has sent information in to John Tiedt to assist in the prosecution of the Kimkins Class Action Lawsuit! He’s gotten a lot of information and is having a tough time wading through all of it.

So, we’ve set up a new email address where evidence, screenshots and other tips and suggestions can be sent.

kimkinscase@gmail.com

As a reminder:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

Remember if you want to send new or old information, tips, suggestions or thoughts to John and his team, please send them to kimkinscase@gmail.com so that information can be well-organized! Thanks for all of your help!

Insider Exclusive–Kimkins Diet Scam

The Exclusive Stories Behind The Headlines

Headline Legal News - Kimkins Diet Scam

VIEW ONLINE VIDEO

Transcript

Steve Murphy interviews Attorneys John Tiedt and Michael Cohen; Dr. Americo Simonini; and former Kimkins member, Terry Lind, about the Kimkins Diet Scam.

For those who are unable to view the videos, you can now read the Transcript of the show graciously provided by Elle.

Steve Murphy

Steve Murphy is the exclusive Senior Producer of Sky Radio Network's worldwide business and legal shows, which are broadcast 24/7 on over 85,000 monthly flights to over 22 million listeners worldwide reporting the news, breaking headlines, legal developments, captured from his distinguished legal and business guests. Steve is also the President of PRI Inc, and also represents leading law firms and major fortune 500 companies in developing strategic business plans and the recruitment of key business and legal executives.

Steve has written over 20 books and numerous magazine and news articles on a diversity of subjects ranging from International Trade to Banking, Commercial Real Estate, general business books, and many more.

A SHORT SEGMENT FROM YOUTUBE

Heidi's Assets to Remain Frozen

The latest update from Jeanessa:

John met with the judge overseeing the case and opposing counsel in a hearing today after Heidi and her legal team filed a legal motion to remove the writ of attachment that has frozen Heidi’s assets. The motion to remove the attachment was denied.

Still, there is work ahead! John has sent a letter to current and potential class reps that I am including for download (just right-click and Save as). In it, he states the following:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

The rest of the letter can be downloaded via the following link:

Class Letter 032108

Any information that you have can be sent to me at kimkinslawsuit@yahoo.com or to John at jtiedt@tiedtlaw.com.

Any help would be appreciated.

Latest Update on the Kimkins Class Action Lawsuit

To Plaintiff Class Representatives
and Potential Class Members

Class Letter and Exhibits(pdf)

Download the latest updates from John Tiedt. A full synopsis is given on the Class Action Lawsuit to date. There are some very surprising facts in the update, so stay tuned for further news.

Kimkins Class Action Lawsuit Update

Here's the latest update from the Kimkins Lawsuit:

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.

Further updates will be posted as information becomes available.

Following the Kimkins Class Action Lawsuit

Follow along the course of the Kimkins Class Action Lawsuit.

Riverside Civil Court Open Access

Enter GUEST in the Operator Code
No Password Required
Log On

Click Name Search
Enter Diaz, Heidi
Click Search
Click Fenderson vs Diaz, Damages, RI483005

To download and view available documents in the case, click the camera icon found in the image column.

There is still plenty of time to join the lawsuit.

Do not allow Heidi Diaz to get away with fraud.

Harmed by Kimkins? Share your Story on National TV

Have you experienced medical problems due to Kimkins?

Do you have any medically documented health issues related to the
Kimkins Diet?

Do you have some free time this weekend for an exciting opportunity to appear from the comfort of your home, on national television, in a prime time spotlight?

If you have suffered any of the following doctor verified medical conditions:

• Dizziness
• Nausea
• Muscle fatigue or weakness
• Heartbeat palpitations
• Moderate to severe hair loss
• Bone and joint pain
• Mental changes - irritability, forgetfulness, confusion
• Bowel complications/symptoms of laxative abuse

as a result of your experience with the Kimkins Diet, and would like this exciting opportunity to share your experiences with the public, please contact KimkinsonABC@gmail.com within the next 48 hours.

No travel will be required, an ABC crew will come to you to discuss your experience.

If you know of anyone who fits the above-mentioned medical criteria, please share this contact information with them for this important opportunity.

See Heidi Is Brought To Justice

In the earlier posts I left out vital information for those wishing to join the lawsuit.

To join, simply send your name, address, day and evening phone number, approximate join date and amount paid to Kimkins.com to kimkinslawsuit@yahoo.com.

Jeanessa left a comment here:

I am keeping a database of lawsuit members for John that I update and share with him every week. This database is important since he uses it to calculate all damages and to keep contact information for lawsuit participants in the event that he makes a statement or needs to share info.

Join the lawsuit.

The more numbers behind us, the stronger we are. We are still in need of class reps and every voice against this fraud counts.

Why a class action lawsuit??

Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.

How does the judge determine class action status??

In federal civil procedure law, which has generally been accepted by most states (through adoption of state civil procedure rules paralleling the federal rules), the class action must have certain definite characteristics:

(1) the class must be so large as to make individual suits impractical
(2) there must be legal or factual claims in common
(3) the claims or defenses must be typical of the plaintiffs or defendants, and
(4) the representative parties must adequately protect the interests of the class. In many cases, the party seeking certification must also show
(5) that common issues between the class and the defendants will predominate the proceedings, as opposed to individual fact-specific conflicts between class members and the defendants
(6) that the class action, instead of individual litigation, is a superior vehicle for resolution of the disputes at hand

This shows the reasoning behind everyone joining. Don't depend on just a few handling the load. The more class representatives the better. The goal right now, in making this case go forward, is getting it certified with class action status.

JOIN THE LAWSUIT

Seeking Former Kimkins Members

In June of this year over 40,000 people joined Kimkins.com after the article in Woman's World magazine. Many of those never tried the Kimkins Diet after seeing what it really was. Some did try it and had considerable trouble with it. All of these people are eligible for the Class Action Lawsuit. There are others who many are very concerned about, read on to hear about them.

Medusa makes a plea to those who have dropped off the radar:

I am haunted by the many poignant posts by ex-members of Kimkins who are desperately seeking information on the whereabouts of their missing friends and fellow dieters who used to post on the Kimkins forums.

I am not speaking of members who said their goodbyes.

I am speaking of the members who, overnight, suddenly stopped posting, responding to e-mails, and disappeared entirely from the Kimkins website. And all of those missing were suffering serious ill effects from following the Kimkins starvation diet.

All attempts to contact the missing through posts and e-mails have been fruitless, and their concerned friends now fear the worst has happened.

I would ask that anyone who is trying to contact a missing friend from Kimkins to please leave a comment on this blog post, leaving your friend's username on Kimkins.

Take the time to heed the call to find these missing people. A life may be at risk.

How to Join the Class Action Lawsuit

Here are the Form Affidavit and Form Declarations that need to be submitted to John Teidt for inclusion in the Kimkins.com lawsuit.

form-declaration.doc

form-affidavit.doc

If you are NOT a California resident, download the Form Affidavit, fill in your name, payment info, etc. and take the form to be notarized at your local bank, etc. prior to mailing.

If you are a California resident, download the Form Declaration, fill in your name, payment info, etc. and mail.

The forms go to:

Law Offices of John E. Teidt
10370 Hemet Street, Suite 390
Riverside, California 92503

Big thanks goes out to Jeanessa for all her hard work and dedication to bring this lawsuit to fruition.

Join the Lawsuit Video

Joining a lawsuit is as easy as pie! All the dirty paper work has been done! Simply print up the forms (only 2 pages), take it to your local notary (bank, credit union, town hall) and sign in front of the notary. Get your stamp from the notary, drop in the mail, and give yourself a pat on the back.

Taking action on a scam is not only good for you, it’s good for the future of our justice system. If you’ve been slacking on getting this done, now is the time!

Be sure to bring a couple of forms of ID with you.

Special thanks to John Teidt for all his efforts in fighting Internet crime.

Thanks got out to Jill for doing this video.

Take Action

Several people have been banned, experienced health complications, and just plain tired of the fraud being perpetrated. Here are the links to file complaints and report fraud and abuse. Take action now. This must be stopped.

Sign the petition
Request for Kimkins Investigation Petition
This petition goes to the Federal Trade Commission, Better Business Bureau, and the California Attorney General.

Contact the Federal Trade Commission
Federal Trade Commission - Offices and Bureaus
The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel®, a secure, online database available to hundreds of civil and criminal law enforcement agencies worldwide.

Internet Crime Complaint Center
http://www.ic3.gov/complaint/
The IC3 is co-sponsored by the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C)

Lawsuit
Kimkinslawsuit’s Weblog

IRS tax fraud
To make a report to the IRS that Heidi Diaz may be committing tax fraud-
How Do You Report Suspected Tax Fraud Activity?

BBB
To do a review at the Better Business Bureau
Company Report
If you feel that Kimkins/Kimmer/Heidi Diaz has not been truthful in advertising and is dangerous. You may also wish to file a complaint (after posting a review) if it is appropriate to your situation.

California Department of Consumer Affairs
https://app.dca.ca.gov/cru/gencomplaint.asp

Office of the Inspector General
To Report Possible Social Security fraud
Report Fraud to the Hotline

Attorney General of California
Edmund G. Brown Jr., Attorney General in California
California Attorney General's Office
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
Voice: (916) 322-3360 or
(Toll-free in CA) (800) 952-5225
Fax: (916) 323-5341

And/or complete this online form:
the General Online Complaint Form - California Department of Consumer Affairs

ConsumerAffairs.com
To report any type of consumer fraud or scams
Complaint Form

Complain to Woman's World
Ms. Stephanie Saible, Editor-in-Chief
Woman’s World
270 Sylvan Avenue
Englewood Cliffs, NJ 07632
DearWW@aol.com
wwfeatures@bauerpublishing.com

National Consumers League’s Fraud Center
Use this form to report suspected telemarketing or Internet fraud.
Online Fraud Report Form

Ripoff Report
Ripoff Report® is a worldwide consumer reporting Web site and publication, by consumers, for consumers, to file and document complaints about companies or individuals.
Register to file a report

Epinions.com
People search here for opinions on various things. So leave yours relating to Kimkins.
Become an Epinions member and publish your review.

TheSmokingGun.com
The Smoking Gun brings you exclusive documents--cool, confidential, quirky--that can't be found elsewhere on the Web. Using material obtained from government and law enforcement sources, via Freedom of Information requests, and from court files nationwide, we guarantee everything here is 100% authentic.
E-mail: editor@thesmokinggun.com

The Smoking Gun
600 Third Avenue
16th Floor
New York, N.Y. 10016
(212) 692-7840 or (212) 692-7849

Complaints.com Consumers in Control
Online compliant form

Complaints Board.com
Submit a Complaint

Address and Contact Information for Kimkins that is needed for the forms
Heidi Kimberly Diaz
Kimkins Address-
529 North McKinley Street 104-309
Corona,CA 92879
Phone-(951) 258-3976

Big thanks goes out to BamaGal for keeping this list up to date.