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Friday, November 28, 2008

Fighting For The Children Gets Blogger Sued by FORBA-Small Smiles

Well it's finally happened, to some I'm sure they are so enjoying it but to others not so much.

FORBA is suing this blogger for defamation among other things like posting that very revealing list of all their clinics and the numerous name they go under.

I'm not sure exactly what they want. I signed a Consent Injunction agreeing to remove the documents they let get put out on the world wide web. I guess they really weren't realizing what the www stood for when posting stuff on the Internet for all to see. They are claiming the documents were trade secrets or copyrighted.

However I don't understand how they can claim something is a 'Trade Secret' when it appears they released them to the Internet to be indexed and cached by Google.

I have until December 4, 2008 to file my ''Answer" to their Complaint. However I guess they are wanting to bombard me with legal papers since today I received a package, well actually 2, they sent one certified and the other just regular mail, seems like a waste to me, but whatever.

In this packet were their first set of Interrogatories. Questions they want me to answer under oath, it's part of the 'Discovery' stage in a lawsuit. I wish they would at least let me file my answer for heavens sake.

They've not cared what has been said or posted on this blog since it's beginning in January 2008, but the moment I posted a spreadsheet that could be incriminating depending on how you see it, I was slapped with a lawsuit. Guess I really hit a nerve and there were things on the document they sure didn't want anyone to see. They could have easily sent a Cease and Desist letter or request a retraction at any time but they never bothered.

Honestly I'm not sure why they worry about my little ole blog anyway. They are my biggest visitors. In fact if they didn't visit so often my blog probably would rate as high as it does in the search engines.

This is all been filed in Federal Court since it involves 'trade secrets' and we are in two different states.

Funny thing is, I think FORBA is involved in a lawsuit in Texas over copyright infringement themselves between a dental clinic called Texas Smiles Dental and them setting up shop down there under the name Texas Smiles. Kettle-Black, right.

I now clearly understand what employees mean when they post that they are bullies and you better shape up or ship out or they will come down hard on you. (paraphrasing here) They certainly play hardball.

I'm wondering why they decided it was me they went after. After all they have been on news stations and had several thorough investigations done on them by the main stream media, heck they were even on Good Morning America. My guess is that I'm the easiest target and they are mad and need to take it out on somebody.

But as bad a reputation as they have, being in the news numerous times, have horrific reviews on hundreds of message boards all over the Internet, seem to me they are kind of libel proof. If a person is bad and has been bad for a long time, and it's been common knowledge kind of hard to get upset and cry foul just because someone else joined in on that opinion for example.

I also understand how the parents of the patients who have suffered at the hands of FORBA's Small Smiles dentists and not having the funds or resources to bring suit and fight for your rights in court.

Anyway like I was saying, today I got my Interrogatories and boy some of the questions on there are ambiguous and down right silly to say the least.

I'll give you some examples:

1. Name internet domain names (by URL) and email address that you have created controlled, owned, used, and or operated in the past or present.

2. Identify (by make and model) all computers from which you have updated the website and all computers you have sent or received email over the past 5 years!

3. State all facts, and identify all documents and 'things' evidencing such facts, of which you are aware that support your representation that:

a. FORBA practices abusive dental care

b. dental clinics managed by FORBA have quotas to meet with respect to the number of patients served per day.

c. FORBA does unnecessary dental work, abuses children for profit and fraudulently bills medicaid.

4. Produce all records (whether in digital, paper or any other form) of all entries posted to the website, whether or not those entries still appear as of today's date.

(I guess they want me to pull stuff out of thin air, or create things that are just not there, gone and forgotten about)

5. Produce your home computer and any and all other computers you have used in the last 5 years for email correspondence for inspection and for the purposes of making a forensic image of the hard drives of such computers.

(I sure would like to have a little 'look see' in all their computers too, oh and all their correspondence and emails, and documents and files etc.)

The local Cyber Cafe is going to be a bit upset when I try to take one of their computers, telling them I had to cause FORBA wants it.

6. Produce all documents and 'things' that reference or reflect any posting by you to any Internet website other than my blog where such posting discusses or relates to FORBA.

Like I said, these are just a few of their requests. I have the right to object to each and every one of them.

I'm taking it FORBA / Small Smiles wants to stay in the news for as long as possible.

Anyway if you want to see the complaint, send me an email and I'll get you a copy.

What we have here is a very slippery slope where our First Amendment Rights are being attacked. I for one can tell you FORBA sure doesn't want to be critiqued, doesn't want you to have a negative opinion of them, or try to get laws changed so that clinics like them can't operate in states. Which is an infringement on my (our) right to petition.

They are giving me much more credit that I deserve if little ole me can do more damage to their reputation that main stream media and highly regarded investigative reporters. I should be flattered.

Anyway this has just given me something else to fight with FORBA about.

Friday, November 21, 2008

More Parents Respond To Kool Smiles Report By WAVY TV Reporter Derrick Rose

Click here to read all the stories from parents. They just go on and on, story after story and who is stopping this? Nobody so far!

Monday, November 17, 2008

WAVY TV Reports on Complaints about Kool Smiles

WAVY TV's , an NBC affiliate serving Norfolk, Portsmouth and Newport News Virginia, Derrick Rose reports on the usual complaints about the treatment of children at chain dental clinics catering to underserved children on medicaid that are operating in various states across the US.

Kool Smiles was created by Dr. Tu Tran and Dr. Thien Pham who trained with then broke from Drs. Michael DeRose and Dr. Ed DeRose who were the creators of Small Smiles/FOBRA that has hit the news in many areas including Good Morning America.

Click Here To Read Derricks Report