Friday, October 29, 2010

And Now, a Word from John Tiedt

John Tiedt, attorney for the plaintiffs in the Kimkins case, issued a statement of findings, along with thanks, to all those whose efforts led to our victory.
To all Ducks

Today, October 29, 2010, Judge Rick Brown of the Riverside County Superior Court entered a verdict for the plaintiffs in a certified national class action lawsuit. The court entered a verdict against Heidi Diaz the owner of the diet website for fraud and false advertising. The court awarded the class members restitution in the amount of $1,824,210.39. The court also awarded an additional $500,000 in punitive damages as well as attorney fees. The court then issued a temporary restraining order to freeze all of the assets of Ms. Diaz.

Most notably, the court also imposed an injunction requiring Heidi Diaz to post on all of her websites that: (1) she lied about her weight loss; (2) she lied about her after diet pictures; (3) she lied about testimonials on her website; and (4) she lied about the photographs used with the testimonials to promote the Kimkins website.

An injunction was also issued to prevent Heidi Diaz from contacting, harassing or cyberbullying the plaintiffs and the witnesses. A formal judgment will be entered before November 19, 2010.

The original complaint was filed over three years ago on October 15, 2007. I want to thank everyone who supported the class action lawsuit. The Ducks were wonderful. I met a lot of great people and made a lot of new friends fighting for a good cause. Heidi Diaz lied on her website and made the fatal mistake of lying in the courtroom. You cannot trust Heidi Diaz. I anticipate more legal (illegal) maneuvering by Heidi Diaz to evade the judgment. We will be prepared and I will be relentless. Again, I thank all you.

John E. Tiedt

Indeed, John, we know you WILL be relentless! You are our champion!

Note: 'Ducks' are those who worked together to find out the truth in the Kimkins matter, to pierce the "fake nice" facade and expose the many lies of Heidi Diaz, to dig up and document evidence against her, and to warn people through various online and media sources about the dangers of believing Diaz or following her dangerous advice.

The term derives from the name of an early anti-Kimkins blogger (or team of bloggers) who posted under the name "Just Ducky." As the Kimkins controversy grew, the "Just Ducky" blog became a locus to which various sources would feed undercover information for immediate and wide distribution. It also became a significant thorn in the side of Heidi Diaz, for it seemed she could scarcely whisper a lie or concoct a scheme in her most private lair which would not soon be shouted from the virtual housetops. As Diaz' animosity and paranoia about Ducky's secret identity grew, she began to suspect almost everyone of being Ducky. Before long, she was banning paid "lifetime" members on mere suspicions of being Ducky, consorting with Ducky, or being a Ducky sympathizer. Most famously, she banned a Kimkins member merely for using a stock yellow-rubber-ducky avatar supplied by the Kimkins site itself. In a show of solidarity, many people began using duck avatars and adopted the label proudly, and soon a whole culture developed around the inside joke.

The Ducks were a diverse group, not always unified and not always on the right track. Whatever else they might have been, though, one thing is certain --- the Ducks were determined! Heidi Diaz thought the Ducks would lose interest, give up, shut up, and move on. Wrong! Most Ducks quit quacking after a while, but, as Ms. Diaz has discovered, they were still busily paddling under the surface.

To all those who were manipulated and deceived, belittled and berated, used and abused, endangered and victimized, conned and defrauded by Heidi Diaz, this finding of the court and this expression of thanks from John Tiedt serve as a measure of vindication. Let honor be given where honor is due.

More Details

Authorized short report from the scene by my friend Sandy:

The Court found in favor of the plaintiffs on all points.

We have a judgement based on fraud for $1.8 Million.

We have punitive damages for $500,000

We have injunctive relief, which includes she can not further lie to promote her diet. She can not use fake photos, success stories or testimonials to promote her diet.

While we won't see a court ordered 404 message we got something even better.

Heidi must put a notice on ANY website she starts for any purpose, diet or otherwise, that explains that she lied, used fake success stories and testimonials, that she mislead, that she used deceptive practices. She is going to have to post a notice that explains that low calorie diets can be dangerous, with a list of possible adverse side effects (the wording of the notice is to be worked out between the lawyers and the judge). There is NO expiration of these notices.

The Judge included a PERMANENT restraining order wherein Heidi (or any of her socks) are prohibited against contacting in ANY form with any/all class members, class plaintiffs, lawyers, their families, their staffs (which includes me, Laura) for the rest of our lives.

Oh, all of her assets have been frozen until the judgement is entered and served.

This may be appealed, of course, but today, WE WON!!!!!

Note: Sandy and Laura (also mentioned above) are two anti-Kimkins crusaders who got involved and ended up working officially with attorney John Tiedt in the preparation of this case.

ETA: Sandy has posted the statement here


The judge handed down the ruling in the Kimkins case class action lawsuit.

Justice prevails!

Details to follow.