This page provides an archive of documents associated with www.apextgi.com law suit against web sites that hosted opinions that were contrary to the upstanding image that this “H-1b Bodyshop” wants to present.
SEE ALSO: Linked-In Profiles of Apex Employees
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Opposition Brief drafted by John Miano – clearly states in first sentence – and subsequently as the first argument:
John Doe responds by way of Special Appearance out of courtesy and respect for
the Court, solely to object to personal jurisdiction over him. John Doe expressly
does not consent to personal jurisdiction by this court.
The Order issued based upon facts presumed to be true based upon Apex’ “Verified Complaint” which as court must presume is true. It alleges that “false and defaming statements that are causing irreparable harm” are posted on the website. Based on that I believe the judge had reason to grant the temporary restraining order.
However, service was executed via an email address. I doubt that an email is proper service. The Judge does not explain on what basis he had jurisdiction to execute an order on parties who had not been properly served nor made a general appearance.
Much of the alleged defamation hinges on legal text in Apex employment agreement. Apex has claimed these statements are false but has not produced a copy of their employment agreement to prove it.
OSC PAGE 6 alleged that thee consultants refused to report to work as a direct result of the statements at issue.
RECOMMEND: Subpeona the names of these consultants and serve them with interrogatories.
Subpeona the names of the candidates who declined work as a result of the postings and the names of the current employees who are concerned whether the statements are true.
This is the verification – prove that ANY of his statements are willfully false and you turn the tables.
Note that the order has taken effect – the website is down: