We have to keep our eye on the Doctor’s Data v Barrett, et al, Federal case. Something new is always happening, or at least brewing.
Opinion by Consumer Advocate Tim Bolen
Here is the latest Pacer record:
“SUMMONS Issued as to Defendant The National Council Against Health Fraud, Inc. (vcf, ) (Entered: 08/11/2010)”
I don’t have a copy of the document, because it simply isn’t filed in the record, but I imagine it reads very similar to the last one filed against Quackwatch, Inc…
In the service filed formally against Quackwatch, Inc. it clearly states that:
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY
Augustine, Kern, and Levens, Ltd, 218 North Jefferson St., Suite 102, Chicago, IL 60661
an answer to the complaint which is herewith served upon you, within 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after this service.
So, what will happen here?
OK – the NCAHF will have 21 days to respond. Which means that they will have to hire an attorney firm that is allowed to practice in the Northern District of Illinois Federal Court system, prepare an answer, present it to the Court, and prepare for trial.
Will they do that? Not in any of our lifetimes.
Um???Why? Because, and I am not joking here, the last time they did a fund raiser, their current president, bobbie baratz (Robert S. Baratz MD, DDS, PhD), offered a photo of me, Tim Bolen, as an incentive for a contribution.
The last time I paid any attention to the NCAHF was when I tried to buy a $112,000 Court judgment against them, but a group of Homeopathic manufacturers would not sell it to me. At the time baratz bragged that the NCAHF was run out an address in Massachusetts that turned out to be the address of his baratz’s hair removal salon. I had found out that the NCAHF, at that time, had not done their corporate record keeping and I would have been able to pierce their NCAHF corporate veil and gone after the money, plus collection costs, from the individual Board Members.
Would I have done that? (smile here)…
So, let’s see. Will bobbie baratz, Wallace Sampson, William Jarvis, and Stephen Barrett cough up the money personally to Defend the NCAHF? Of course not.
So, likely, this Defendant will go to “Judgment by Default” also. And the Plaintiff, Doctor’s Data, can then go to the Judge and say “we want their property right now Judge…”
So, what property is there? Well, there could be a lot, if the NCAHF Board members forgot to complete their corporate paperwork again – for Doctor’s Data could go after the whole twenty million from the individual NCAHF Board Members – just like I was going to do with the $112,000 judgment.
Or, they could just grab the emailing list for the Consumer Health Digest, where, I am sure, you will find the names of some of the sleaziest people on the planet, including some who could be added on to the case as Defendants.
The NCAHF has until September 1st, 2010 to answer… Two weeks from now.
Tim Bolen – Consumer Advocate