Words to the song Don't You Go Away Mad in no way shall be construed to be connected to Stein v. O"Hara in any fashion.
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Cause of Action
Plaintiff as a licensed Florida real estate agent, threatening his professional trustworthiness, vitality and integrity.
7. Venue is proper because Broward County is the site of injury, Plaintiff is a resident of said county, and Defendants principal place of business is therein.
8. Plaintiff obtained 3000+ signatures to qualify as a Republican primary candidate for Congress from Florida’s 20th District in June of 2016.
9. Plaintiff was unopposed in the August 2016 primary and subsequently became the Republican nominee for Congress from Florida’s 20th District.
10. On or about July 1, 2016, Plaintiff set up his campaign website under the domain name www.chasingalceehastings.com
11. Due to his sharing the same name as Florida Sun Sentinel editorial writer, Gary Stein, potential voters could confuse and did confuse the Plaintiff, thinking he was the editorial writer.
12. To prevent misconceptions, Plaintiff allocated a page on his website, as a disclaimer, indicating he was not the other Gary Stein, putting their pictures side-by side with captions, drawing a distinction between the two Gary Steins, one reading “Gary Stein, Sun-Sentinel columnist and editorial writer” using available picture from Sun-Sentinel under appropriate bio.
13. On July 18, 2016, Defendant Sun Sentinel Employee, Editorial Writer Gary Stein, called up the Plaintiff and scolded him to immediately remove his picture from Plaintiff’s website.
14. On September 16, 2016 Defendant Sun Sentinel contacted Plaintiff with a candidate questionnaire to fill out.
15. Plaintiff was subsequently invited by the Editorial Department to an interview for purpose of endorsing by Sun-Sentinel, Defendant, which he and Congressman Alcee Hastings attended together on October 5, 2016.
16. Defendant Rosemary O’Hara was in attendance.
17. At such session, Defendant O’Hara shushed the Plaintiff several times focusing almost entirely on Alcee Hastings.
18. When questioned by the Plaintiff very early in the session as to the dismissive treatment, Defendant O’Hara remarked “We’re not endorsing you!” and indicated they didn’t care about Plaintiff’s views, opinions, experiences after having invited Plaintiff to the forum.
19. On October 15, 2016, Defendant Sun Sentinel published an editorial endorsement for Alcee Hastings which it posted on their Facebook page in which it stated about the Plaintiff, “Mr. Stein bears no relation to our Editorial writer Gary Stein, even though he once tried to make such a connection on his website.”
20. That statement was noticed via email from Plaintiff to Defendants to be untrue and asked to be removed in anticipation of editorial in hard copy edition that Monday, October 17th, 2016.
21. Defendants failed to respond, or remove the false accusation that Plaintiff misappropriated the Defendant employee’s identity. They did however, in the minimal space allotted to the Plaintiff in the endorsement of the opponent, correct other errors in on-line edition when contacted through facebook. Hard copy endorsement of opponent, with serious false accusation of Plaintiff still intact, followed two days later.
COUNT I: FLORIDA DEFAMATION PER SE
22. Defendants alleged through the on-line and hard-copy publications that the Plaintiff misappropriated their employee’s identity.
23. Defendant’s false accusation of identity misappropriation occurred in congruence with the mention on their web site and hard copy edition, of Plaintiff as a licensed Florida real estate agent, threatening his professional trustworthiness, vitality and integrity.
24. Plaintiff noticed Defendants by email of false statements and asked they be corrected.
25. As a factual and proximate result of Defendant’s defamatory statements, Plaintiff has suffered reputational loss, loss of professional credibility, standing in community civic organizations, and emotional harm.
DEMAND FOR DAMAGES
26. Plaintiff demands compensatory damages of $15,001.00 plus punitive damages, injunctive relief and any other relief which the court deems fair and equitable.
DESIGNATION OF TRIAL COUNSEL
27. Under the Fla. Rules of Civil Procedure, Plaintiff self-designates himself as trial counsel.
Plaintiff also certifies that all statements made herein are true to the best of his knowledge, and that if any statement made by him is not true, he is subject to punishment. Plaintiff further certifies that he has a continuing duty to serve all papers upon Defendants in the above named action.
GARY S. STEIN
MOTION TO STRIKE
DEFENDANTS’ AFFIRMATIVE DEFENSES 1,5,6,7,9 and 10 ... Click here
Plaintiff alleges, by way of complaint:
Rigged (Elections) in ways 'the Donald' barely Comprehends......