Вы находитесь на странице: 1из 3

Myers & Fuller, P.A.

Richard N. Sox
W. Douglas Moody
2822 Remington Green Circle
Tallahassee, FL 32308

RE: Your demand letter dated July 22, 2008

Dear Sirs,

After reviewing your demand letter I suggest you go take a refresher course on
Constitutional Law. I am well within by rights under the 1st amendment of the
Constitution of the United Sates of America to critic his marketing tactics any way I see
fit on my personal weblog.

I did change verbiage at http://ismintraing.com to reflect that the messages sent “may be”
illegal, as I have never professed to be a practitioner of law, nor wish to review case law
to Sheapardize my statements.

The letter I received from your firm and the actions taken by Mr. Ziegler as a result of
this blog post has caused much grief in my home, interference with my former employer
and current associates inside of the industry.

I can only assume based on the content of his writing in the past that he is a stubbornly
litigious individual and seeks to make examples of anyone who disagrees with his point
of view. He has placed himself in the limelight and does not warrant the same
protections afforded ordinary citizens, no more than George Bush would have for bumper
stickers that say “Bush Sucks”.

Any further attempts by your client that may be construed as an attempt to impact my
ability to earn an income will be met with a tort seeking compensation for damages. He
is free to disagree with anything that I author in the appropriate setting including my own
websites if he will forward me a release of claim, other than that I will continue to block
his access to my personal online properties.

As far as your demand letter and its grave appearance with your overbearing assertions
leave me no choice but to seek representation to seek damages from your firm and each
individual signatory to the letter for attempting to impede my rights under the first
amendment. Unless you agree to my terms.

The footnote on page one really shows your ignorance of the situation at hand. The first
sentence says that ADM (Automotive Digital Marketing), which you incorrectly
identified, is not a social network and the second describes exactly what a social network
is, where people come together with a common bond to share ideas, problems and
experiences in an online setting. There are terms of service in place at that network that
prevent the very behavior your client or his employees displayed.
Any further contact from your office, other than Mr. Ziegler’s release of claims, will be
construed as harassment on your part and Mr Ziegler. Any contact barring that, I will
seek every remedy possible against Mr. Ziegler, Richard N Sox, W. Douglas Moody and
the firm Myers & Fuller, P.A.

In very plain English so there is no doubt in my voracity regarding this issue please allow
me to bullet point my standing on this matter.

• I will not remove that post or any other comment I have made regarding it. It is
my right under the 1st amendment to express my opinion. Soldiers are dying
every day to maintain that right for the citizenry. I too have also proudly served.
• Your letter was an attempt to impede these rights and I have published it for
others in the online community to see. It displays your ignorance of social
networking; however I will not call that out to those that read it. They can make
their own decisions and inferences. As you do not proclaim to be an authority on
the issue. I will not unpublish it. You only gave unilateral confidentiality I cannot
be held to an agreement I did not enter in. It also would appear with that
statement that I am not under the liberty to seek legal counsel, based on your
posturing. I do hope contact law is not one of your specialties. Your denigrating
tone in this letter to me is actually quite amusing. It did not garner the reply you
were expecting and you are to blame for my now harsh stance.
• Any and all communication from your firm will be published in the same manner
including any court papers. As they are in the public domain, I will just make it
easier for people to find, including references if needed.
• I am willing to drop my claims for a mutual release with all parties concerned. To
include those that signed the communication referenced and your firm. I will not
entertain any agreement that requires me to remove anything that I have published
in my personal space or otherwise. The only option to have the contents removed
from http://ismintraining.com would be for someone to buy the site, or with the
aid of the courts. I would not even consider entertaining an offer under
$100,000.00. (one hundred thousand dollars) The only way for Mr. Zeigler to
access my content is for this release to be executed.
• You make the statement in your letter “Notably, your employer has already
abjectly renounced, rejected and apologized to Mr. Ziegler for the scandalous
claims you published….” How it was presented to me by my direct supervisor
was along the lines of “Carl Says “Jim Ziegler has made a fortune fucking people
for forty years.” Albeit not an exact quote of the entire conversation but that
statement rang very clear. I could not possibly diminish his stature.
• Thankfully for you, I am above average in intelligence and know exactly which
posting you were referring too without you clearly stating as such. Apparently
Mr. Thomas, whom I do not know, removed his posting from ADM and it
effectively removed my replies to it. Next time you send out a lawyer bully letter
you need to identify specifically what actions you are objecting too and cite the
correct sources.
• I have effectively edited any content that may be wrong, for reasons given above,
just as a newspaper would print a retraction to wit: This type of illegal behavior
may be illegal, yes I said it is against the law, it is not what trainers in our
industry need to be engaging in to sell a hyped up product. Other than that he
has my opinion of his marketing tactics ands still stand behind every comment
made. Other prominent figures in the industry already think of Mr. Ziegler as a
blow hard and your communication only helps reinforce those feelings.

You can also accept this letter as my waiver of the seven day compliance period for you
to file suit. I will gladly sign wavier of service to help cut Mr. Ziegler’s expenses that he
has no chance of recovering. Please use: POB 491 Waynesville, GA 31566.

I will make one attempt to contact you by telephone on July 28th, 2008 sometime in the
antemeridian. If you do not take that call I will assume that agreement to my terms is
unacceptable and will govern myself accordingly.

Warm regards,
Paul Rushing

Posted at with notifications to: rsox@dealerlawyer.com, dmoody@dealerlawyer.com,


dmyers@dealerlawyer.com, lfuller@dealerlawyer.com

CC: the World Wide Web, zieglerss@aol.com, and anyone else I decide to share this
with!!!