DELAWARE VALLEY AESTHETICS, PLLC v. JOHN DOE 1

Complaint Document #1

District Court, E.D. Pennsylvania


Description

COMPLAINT against JANE DOE 1, JOHN DOE 1 ( Filing fee $ 400 receipt number PPE210341.), filed by KATHY RUMER, DO, FACOS, DELAWARE VALLEY AESTHETICS, PLLC.(bw, ) (Entered: 01/28/2020)

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       :1~e-•~.;;- -r:Case 2:20-cv-00456-CFK
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                                     I                                                                                         Document 1 Filed 01/23/20 Page 1 of 11


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                                                                                                                                                                                                                             20                       45 8
      JS44 (Rev. 02119)                                                                                             CIVIL COVER SHEET
      The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadin&s or other papers as required by law, except as
      provided by local rules of court. This fonn, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
                                                                                                                                                                                                                                                                        '
      purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXI' PAGE OF Tf!JSFORM.)

     l. (a) PLAINTIFFS                                                                                                                                                   DEFENDANTS
      Delaware Valley Aesthetics, PLLC d/b/a Rumer Cosmetic Stt gery and                                                                                             John Doe 1 and Jane              Doe      1
      Kathy Rumer, DO FACOS                 ~
           (b)      County of Residence ofFirst Listed Plainti                                                Mont ornery                  I                             Counly of Residence of First Listed Defendant _U_n_k_n_o_w_n_ _ _ _ _ __
                                          (EXCEPT IN US. PU/ /FK CASES)                                                                                                                         (IN US. PLAINTIFF CASES ONLY)
                                                                                                                                                                         NOTE: IN LAND CONDEMNATION CASES, USE THE' LOCATION OF
                                                                                                                                                                                 THE TRACT OF LAND INVOLVED.
                                                                                                I
           (c)      Attorneys (Firm Name, Addr=. and Ttlepl,a,,~nibu)                                                                                                    Attorneys (If Kno11m)
      Rogers Castor,            26   E. Athens Avenue, Ardmore PA                                                   19003
      610-649-1880

      II. BASIS OF JURISDICTION (Placcan "X"ln.OneBo.cOnly)                                                                                             III. CITIZENSHIP OF PRINCIPAL PARTIES (Ptacoan "X" ;,, O11e Bo:,far Plaintiff'
                                                                                                                                                                (For Divtnity Cases Only)                                               and One Box for Defe,1dant)
      0 I         U.S. Government                       0 l             Federal Question                                                                                                     PTF       DEF                                             PTF       DEF
                    Plaintiff                                             (US. Gover11me111 Not a Party)                                                   Cilizcn ofThis State              fl/. I    O           Incorporated or rrincipal rlacc       O 4 0 4
                                                                                                                                                                                                                     ofBusinc,s fn This St:itc

     0 2 U.S. Government                                                Diversity                                                                          Citizc•n or Another Slate         0 2       ~ 2         lncorpomtcd and rnncipal Place      0   s   0 S
                    Defendant                                            (htdir:ate Citi:e.111/,;p of P(lrtifr in Item· 111).                                                                                         of Business In Another Sl:ltc

                                                                                                                                                           Citizen or Subjc<:I ofa           0 3       0       l   Foreign Nation                      0 6     06
                                                                                                                                                             Forci1•n Countrv
      IV NATURE OF SUIT (Place a,1 "X" in One Box 011/y)                                                                                                                                                   r                           . Code D escnnt10ns.
                                                                                                                                                                                                          C 1ek 1ere or: Nature o fS Utt
     t >'·.'···   ·: ·. CONTRACT                       ·:;,.:   ·'····•,·:•   , ; ;.;•., .•',   ..       !TORTS       '•: "!.'.·   ._, _.. .·.•-   •,       ·. FORFEITURE/PENALTY                      . ·: ·BANKRUPTCY>,..., .•     ".. ; OTHER STATUTES . "».'. I
     0 110.Insurance
     0 120 Marine


     -•
       0 140
         ' " Negotiable
              ""~ " ' Instrument      t              PERSONAL 11'/JURY
                                                   ~0Airplanc
                                                       5 Airplane rroduct

         150 Recovery ofOvcrpaym I O' 321 I~~:~~; Libel &
             & Enforeemcnt ofJu<lg cnt
      0 IS l Medicare Act
                                                         Liability


                                           0 JJI ·Fcdcrol Employers'
                                                                                                                   PERSONAL INJHRY
                                                                                                                0 365 Personal Injury •
                                                                                                                       Product Liability
                                                                                                                o 367 Health Care/
                                                                                                                      Pha.nnat:cudcal
                                                                                                                      rcrsonal Injury
                                                                                                                      Product Liability
                                                                                                                                                           0 625 Drug Related Seizure




                                                                                                                                              0 820 Copyrights
                                                                                                                                              o g3o·P:11cn1
                                                                                                                                                                 ofl'ropcrty21 USC881
                                                                                                                                                           0 690 0th«                     Jn9(a))
                                                                                                                                                                                                   o 422 Appeal 28 use t58
                                                                                                                                                                                   0 375 False Claims Act
                                                                                                                                                                                   o 376 Qui Tam (J t use
                                                                                                                                                                                                   0 423 Withdmwal
                                                                                                                                                                                                         28 USC 157
                                                                                                                                                                                   0 400 State Rcapporticmmonl
                                                                                                                                              "·' ·pRoPERTY·RIGI• " ·., ;, ... 0 410 Antitrust
                                                                                                                                                                                   0 430 B•nks and Banking
                                                                                                                                                                                   0 450 Commerce
       0 I52 R«ovcry of Dcfaullcq                  Liability                                                    0 368 Asbestos Pcrsomil       0 835 Patent- Abbrcvio1cd            0 460 Dcporialion
             Student Loans         I       0 iiOMarinc                                                                 Injury Product                 New Drug Application         0 470 Rackclccr Influenced and
             (Excludes Vctcr.,.ns)           345 Marine Product                                                        Liability              0 840 Trademark                             Conupt Organiz>tions
       0 153 Rccovcry of Ovcrpaym1'til.,..         Liability                                                ;__ ·•'··• ,LAO R· -, .: ·,·"• . - -,~ ... IAL~•- ·•1KJTY " ; '· -~•·: a 480 Consumer Credit
                                                                                                                 PERSONAL PROPERTY
             of Veter.m's Benefits         0 350 Motor Vehicle                                                  0 370 Other Fraud
                                                                                                  0 710 Fair Labor Standards                  0 861 HIA(IJ95fl)                    • 485 Telephone Consumer
       0 160 Stockholders' Suits           0 355 Motor Vehicle                                                  0 371 Truth in Lcnd.ing
                                                                                                                Acl                           0 862 Black lung (923)                      .I>rotc:ction Acl
       0 190 Other Contract                       Product Liability                                             0 380 Otficr Personal
                                                                                                  0 720 labor/Managcmc11t                     0 863 DIWCIDIWW (405(g)) 0 490 Cable/Sal TV
      0 195 Contract Product Liability 0 360 Other Personal                                                           Property Damage
                                                                                                                Rclntions                     0 864 SS!D Tille XVI                 0 8S0 Sccuritics/Commodiiicsl
      0 196 Franchise                             Injury                                                        0 38S Property Damage
                                                                                                  0 740. R.1ilw")' labor Act                  0 865 RSI (405(g))                           Exchange-
                                           0 l62 Personal Injury-                                                     Producl liability
                                                                                                  0 7Sl Family and Medical                                                         0 890 Other Statulory Actions
                                                  Medical Mnlot:1t:ti<:<:                                       Lc.ivcAcl                                                          0 891 Agricultural Acr,
     I      ·REAL PROPERTY .             • ?   •   ~                                                     ~-
                                               'CIVIL'RIGHTS ' . : . PRISONER PETITIONS : 0 790 Other Labor Litigation                                                      ..
                                                                                                                                                   FEDERAL·TAX SUITS . 0 893 Environmenl31 Manon
      0 210 Land Condcmnntion              0 440 OJhcr Civil Rights         Habeas Corpus:        0 791 Employee Relircmcnt                   0 870 Ta.xes-(U.S. Plaintiff         0 895 Freedom of lnfonnation
      0 220 Foreclosute                    0 4.41 Voling                  0 463 Alien Detainee                Income-Security Act                      or Defendant)                       Acf
      0 230 Rent Lease·& Ejcctmcnt         0 442 Employment               • Sl0 Molions to Vacate                                             0 871 IRS-Thin! Party                0 896 Arbitmtion
      0 140 TMS to Land                    0 443 Housing/                       Sentence                                                               26 USC 7609                 0 .899 Administrative Procedure
      O 245 Tort Product Liability                Accommodations          0 530 General                                                                                                   AcilRcview or Appeal of
      0 290 All Other Rcnl Property        0 445 Amor, w/Disabiliti_cs.- 0 SJ5 D02th Penalty       '-·· • .. ·. IMMIGRATION,.                                                             Agency Decision
                                                  Employment                Other:                a 462 Naturaliu1ion Application                                                  0 950 Cons1in.11ionality of
                                           0 446 Amer.-w/Dis.ibilirics .. 0 540 Mandamus & Other 0 465 Other lmmigrauon                                                                   State Statutes
                                                  Othcr                   0 5S0 Civil Rights                  Actions
                                           0 448 Education                O 555 Prison Condition
                                                                          0 S60 Civil Detainee -
     (\                                                                         Condidons of
                                                                                Confinement
     V. ~RIGIN (Placoan                "X"i11011eBo.t011ly/
     ~ l ~riginal                   O 2 Removed from                                            0    ;         Remanded from                       04 Reinstated or             0    5 Transferred from            0 6 Multidistrict            0 8. Multidistrict
                  F ocecding            State Court                                                            Appellate Court                        Reopened                         Another District                   Litigation-                Litigation -



     'S
                                                                                                                                                                                       (specify)                          Transfer                  Direct File
                                                            Cite the U.S. Civil Slam1e under which you are filing (Do 1101 citejttri,diclianal statttlts 1111ks• div,nity):
                                                                28       u.s.c. 1322
                                                                                                                                                                                                                                              -"""
                   AUSE OF ACTION                           Brief description of cause:
                                                            slander
     VII. REQUESTED IN                                      0             CHECK IF THIS IS A CLASS ACT(ON                                                     DEMANDS                                          CHECK YES only if d"t_nded in complaint
          COMPLAINT:                                                      UNDER RULE 23, F.R.Cv.P.                                                                                                             JURY DEMAND,         M Yes              •

                                                                                                                                                                                                                                         u
                                                                                                                                                                                                                                                No
     VIII. RELATED CASE(S)
                                                                     (St!e instn1C1io11s):
           IF ANY                                                                                              JUDGE                                                                                  DOCKET NUMBER
     DATE                                                                                                         -~ TURE OF ATTO~Y OF RECORD
     01/21/2020
     FOR OFFICE USE ONLY
                                                                                                                      --- ... -r-A. ... .,,, __ A
                                                                                                                                    -                            r   -
                                                                                                                                                                            -
                                                                                                                                                                                                                                            JAN 23               -?n?
                                                                                                                                                                                                                                                                   --   0
          RECEIPT#                       AMOUNT                                                                      APPL YING IFP                                                   JUDGE                                MAG.JUDGE
                            Case 2:20-cv-00456-CFK
                                    ... : :- ~-
                                                 I
                                                ,f1,
                                                     Document 1 Filed 01/23/20 Page 2 of 11
                                                                             ,,
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                                                                           ;ri UNITED STATES DISTRICT COURT
                                                                           F ' THE EASTERN DISTRICT OF PENNSYLVANIA

                                                                                               DESIGNATION FORM
                         · ·•(to be used by counsel or prose plaintiff to indicate the catego1y of the case for the pwpose ofassignment to the appropriate ea/endar)
                                                                                                                                                                                      45          •
Address of Plaintiff: _105Ardmore Avenue, Ardmore PA 19003
Address of Defendant: _ _ _Unknown_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

 Place of Accident, Incident or Transaction:
                                                                           ...- - - -Pennsylvania- - - - - - - - - - - - - - - - - - - - - - -- - - -

RELATED CASE, TFANY:
Case Number: _ _ _ _ _ _ _ _ _ _ _ __                                                Judge: _ _ _ _ __ _ _ _ _ _ _ _ __                            Date Tenninated:

Civil cases are deemed related when Yes is answered to any of the following questions:

 1.     ls this case related to property included in an earlier numbered suit pending or within one year
        previously terminated action in this court?
                                                                                                                                                      YesD                   No   •
2.      Does this case involve the same issue of fact or grow out of the same transaction as a prior suit
        pending or within one year previously terminated action in this court?
                                                                                                                                                      Yes   •                No   •
3.      Does this case involve the validity or infringement of a patent already in suit or any earlier
        numbered case pending or within one year previously ten inated action of this court?
                                                                                                                                                      YesD                   No   •
4.      ls this case a second or successive·habeas corpus, so
        case filed by the same individual?
                                                                                                                                                      YesD                   No   •
l certify that, to my knowledge, the within case                                            is not related to any case now pending or within one year previously terminated action in
this court except as noted above.

DATE: _January 23, 2020_ _ _ _ __                                                                                                                   _87546/324891 _ _ _ _ __
                                                                                              Allomey -at-Law I Pro Se Plaintiff                                 Attorney lD. # (if applicable)


CIVIL: (Place a ✓ in one category only)

A.               Federal Question Cases:                                                                         B.    Diversity J11risdictio11 Cases:


 ••     I.
        2.
            Indemnity Contract, Marine Contract, and All Other Contracts
            FELA
                                                                                                                             Insurance Contract and Other Contracts
                                                                                                                             Airplane Personal Injury
•• 4.   3.  Jones Act-Personal Injury
            Antitrust
                                                                                                                             Assault, Defamation
                                                                                                                             Marine Personal Injury

  B 6.  5. Patent
            Labor-Management Relations
                                                                                                                             Motor Vehicle Personal Injury
                                                                                                                             Other Personal Injury (Please specify): _ _ _ _ _ _ __ _
  •     7. Civil Rights                                                                                                7.    Products Liability
• 9.    8. Habeas Corpus                                                                                               8.    Products Liability - Asbestos

B           Securities Act( s) Cases
        10. Social Security Review Cases
                                                                                                                       9.    All other Diversity Cases
                                                                                                                             (Please specify); _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _

•       11. All other Federal Question Cases
                 (Please specify): _ _ _ _ _ __ __ _ _ _ _ _ _ __



                                                                                               ARBITRATION CERTIFICATION
                                                                       (Fire effect of this certification is to remove the case from eligibility for arbitration.)

                 n Newman._ __ _ _ _ _ __ _ __ , counsel of record or prose plaintiff, do hereby certify:

                 Pursuant to Local Civil Rule 53.2, § 3(o) (2), that to the best ofmy knowledge and belief, the damages recoverable in this civil action case
                 exceed the sum of $150,000.00 exclusive of interest and costs:

                 Relief other than monetary damages is sought..                                                                                                      JAN 23 020
        : _January 23, 2020_ _ _ _ __                                                                                                               _ _87546/324891 _ _ _ _ _ __
                                                                                              Allorney-at-law I Pro Se Plaintiff                                Allorney ID. # (if applicable)

NOTE: A trial de novo will be a trial by jury only if there has been compliance with F.R.C.P. .38.

c;•. 609 (J/2 0/8/
           Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 3 of 11



                                f'
                        _... IN THE UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF PENNSYLVANIA

     DELAWARE VALLEY AESTHETICS ,
     PLLC d/b/a RUMER COSMETIC
     SURGERY
     105 Ardmore A venue                              CIVIL ACTION
     Ardmore, PA 19003

     and

     KA THY RUMER, DO, FACOS
     105 Ardmore A venue
     Ardmore, PA 19003
                  Plaintiffs

                   V.

     JOHN DOE 1
     Unknown Name
     Unknown Address
                First Defendant

                   and                                JURY TRIAL DEMANDED

     JANE DOE 1
     Unknown Name
     Unknown Address
                Second Defendant

                                     CIVIL ACTION COMPLAINT

                  Plaintiffs, Delaware Valley Aesthetics, PLLC, d/b/a Rumer Cosmetic Surgery,

 and Kathy Rumer, DO, F AOOS , by and through their counsel, ROGERS CASTOR, hereby

 brings this action at law and respectfully aver the following facts :

I.          THE PARTIES

                  1.       First Plaintiff, Delaware Valley Aesthetics, PLLC, is a professional

 limited liability company, organized and existing under the laws of the Commonwealth of

 Pennsylvania, with a registered place of business at 105 Ardmore Avenue, Ardmore,
      Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 4 of 11




Montgomery County, Pennsylvania. Delaware Valley Aesthetics, PLLC, is known to the public

and conducts business under the registered fictitious name Rumer Cosmetic Surgery (First

Plaintiff will hereinafter be referred to as "Rumer Cosmetics").

               2.     Second Plaintiff, Kathy Rumer, DO, F ACOS (hereinafter "Dr. Rumer") is

an adult individual maintaining a principal place of business at 105 Ardmore Avenue, Ardmore,

Montgomery County, Pennsylvania. Kathy Rumer is a Doctor of Osteopathic Medicine ("DO")

and Fellow of the American College of Osteopathic Surgeons ("FACOS"). Dr. Rumer practices

medicine at Rumer Cosmetics.

               3.     First Defendant, John Doe 1, is believed to be an adult individual, the

identity and address of whom is unknown at this time . Plaintiffs intend to determine John Doe

l's identity and address through further discovery and will amend this Complaint accordingly

upon receiving said information.

               4.     Second Defendant, Jane Doe 1, is believed to be an adult individual, the

identity and address of whom is unknown at this time . Plaintiffs intend to determine Jane Doe

l's identity and address through further discovery and will amend this Complaint accordingly

upon receiving said information.

II.    JURISDICTION

               5.     Jurisdiction is founded upon diversity of citizenship of the parties and the

amount in controversy pursuant to 28 U.S.C. § 1322, in that Plaintiffs are citizens and residents

of the Commonwealth of Pennsylvania, and Defendants are believed, and therefore averred, to be

citizens of a state other than Pennsylvania; and the amount in controversy exceeds $75 ,000.00 .




                                                2
       Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 5 of 11




III.     FACTS

                6.      Rumer Cosmetics, through Dr. Rumer, offers a host of cosmetic surgeries

to potential patients, the majority of which focus on altering the body, such as nose surgery,

breast implants, injectable fillers/Botox, hair restoration, etc.

                7.      Of the services offered by Rumer Cosmetics, Dr. Rumer is most renowned

as a leading aesthetic and reconstructive plastic surgeon specializing in gender reassignment

surgery. This includes both male to female surgeries (of which Dr. Rumer performs 200-250

every year) and female to male surgeries (of which Dr. Rumer performs more than 150 every

year).

                8.      Patients travel from all across the United States to receive gender

reassignment surgery at Rumer Cosmetics because of Dr. Rumer's stellar track record and

reputation for excellence.

                9.      Rumer Cosmetics derives a bulk of its annual income from said gender

reassignment surgeries, and the success of its business can be attributed to the reputation of Dr.

Rumer in both the medical and lay-person communities.

                 10.    In or around 2019, Dr. Rumer discovered a website known as "Kathy

Rumer's Anonymous" a blog dedicated to "Chasing the #ButcherofArdmore." The URL of said

website is: rumersanonymous.blogspot.com (hereinafter the "Website").

                 11.    The Website is maintained and edited by John Doe 1 and/or Jane Doe 1

with the goal of tarnishing Dr. Rumer and Rumer Cosmetic's reputation in the medical

community as well as her reputation amongst potential clients.

                 12.    John Doe 1 and/or Jane Doe 1, have updated the Website making claims

such as, inter alia :



                                                   3
    Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 6 of 11




                       (a)     That a quote in an advertisement for Dr. Rumer's service was not

       real. John Doe 1 and/or Jane Doe 1 attributed said quote to a fake client, thus implying

       Dr. Rumer I Rumer Cosmetics lied in an advertisement.

                       (b)     Claiming that Dr. Rumer stormed out of a surgery room

       demanding her staff to "deal with it" because her patient was having an anxiety attack.

                       (c)     Claiming that Dr. Rumer instructed a patient to cut off a portion of

       her own labia with scissors.

                      (d)      Labeling Dr. Rumer the Butcher of Ardmore, thereby implying she

       repeatedly fails surgeries and "butchers" clients.

                      (e)      Posting Dr. Rumer's home address, when she does not disclose

       such information to her patients.

                       (f)     Labeling surgeries as "botched" without supporting facts .

                       (g)     Many other claims that are made with either knowledge of their

       falsity and/or recklessness as to their veracity with the intention of injuring Plaintiffs'

       reputation.

               13 .   In addition to the above, John Doe 1 and/or Jane Doe 1 have sent

threatening emails to Dr. Rumer and Rumer Cosmetics. For example, on January 5, 2020, Dr.

Rumer received an email from "rualooker555@gmail.com" that provided as follows:

       Please allow me to introduce myself, I am the bringer of bad news and taste.

       The trans community is about to have its own #metoo movement. I'm the one who
       has been running the Rumer's Anonymous blog. Do you like it? I know you read
       it, I know you scan reddit for the horror stories people post about you. I know you
       are slowly going insane from watching your reputation slowly on the decline. Do
       you know how many submissions I get from people that you hurt? It's all going to
       come to light soon enough.

       Enjoy the inevitable.


                                                  4
     Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 7 of 11




        Pleased to meet you, I hope you try to guess my name.

This is one of many threats, often referencing The Rolling Stones' lyrics, made by John Doe 1

and/or Jane Doe 1 to tarnish Plaintiffs' reputations.

                14.     It is believed, and therefore averred, that the Website is hosted at IP

Address 162.158.63.49. From said IP Address, it appears the Website is maintained by the

Internet Service Provider CloudFlare, Inc.

                15.     Based on the present state of the Website, and the repeated threats made

by John Doe 1 and/or Jane Doe 1, the injury to Plaintiffs' reputation will continue until the

Website's creator is held accountable in a Court of Law.

                                              COUNT I
                                             Libel Per Se
                             Plaintiffs v. John Doe 1 and/or Jane Doe 1

                16.     Plaintiffs incorporate paragraphs "1" through "15" by reference as though

the same were set forth herein in extenso.

                17.     The statements posted by John Doe 1 and/or Jane Doe 1 on the Website,

as more fully described in Paragraph 11 above herein, disparages Plaintiffs' competence and

integrity in its trade and business, thus constitution libel per se.

                18.     The libelous statements were authored and posted online by John Doe 1

and/or Jane Doe 1.

                19.     The Website is accessible to anyone with internet access. John Doe 1

and/or Jane Doe 1 has gone out of his/her way to promote the website by posting links to it on

other social media websites such as Reddit.com. This conduct made the libelous statements

contained on the Website highly visible.




                                                    5
      Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 8 of 11




                20.     John Doe 1 and/or Jane Doe l's defamatory blog was readily understood

by its readers to be about Plaintiffs, and as a direct result thereof, Plaintiffs have suffered a

permanent false taint and substantial professional harm to their business reputations.

        WHEREFORE, Plaintiffs demand judgment against John Doe 1 and/or Jane doe 1 (the

identity of which will be determined through further discovery), individually and/or jointly and

severally, in an amount in excess of $75,000.00, together with all applicable interest, costs, and

fees, as well as any other available relief.

                                              COUNT II
                                     Commercial Disparagement
                             Plaintiffs v. John Doe 1 and/or Jane Doe 1

                21.     Plaintiffs incorporate paragraphs "l" through "20" by reference as though

the same were set forth herein in extenso.

                22 .    Dr. Rumer and the staff of Rumer Cosmetics have been approached by

existing and/or prospective customers who have seen the defamatory statements posted on the

Website by John Doe 1 and/or Jane Doe 1. Said customers commented and/or question Dr.

Rumer and Rumer Cosmetics' staff about the statements.

                23.     Internet post, such as the Website blog published by John Doe 1 and/or

Jane 2, are permanently archived on the Website' s host served, and can still be accessed even if

removed or deleted.

                24.     Additionally, a "screenshot" and/or other permanent replications of the

Website can be easily created and readily available to anyone reading the Website, which is still

online as of the filing of this Complaint.




                                                   6
     Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 9 of 11




                25.     Plaintiffs have suffered financial loss as a direct result of the damage to

their business reputation resulting from the defamatory online statements published by John Doe

1 and/or Jane Doe 1.

        WHEREFORE, Plaintiffs demand judgment against John Doe 1 and/or Jane doe 1 (the

identity of which will be determined through further discovery), individually and/or jointly and

severally, in an amount in excess of $75,000.00, together with all applicable interest, costs, and

fees, as well as any other available relief.

                                             COUNT III
                        Intentional Interference with Business Relationships
                             Plaintiffs v. John Doe 1 and/or Jane Doe 1

                26 .    Plaintiffs incorporate paragraphs "l" through "25" by reference as though

the same were set forth herein in extenso.

                27 .    The conduct described in Paragraphs 11 and 12 above herein constitutes a

concerted effort by John Doe 1 and/or Jane Doe 1 to interfere with Plaintiffs' existing and

prospective business relationships. In fact, interfering with said relationships is John Doe 1

and/or Jane Doe l's stated intentions in creating the Website.

                28.     John Doe 1 and/or Jane Doe l's conduct as described herein was wrongful

and without justification or privilege.

                29.     John Doe 1 and/or Jane Doe l's conduct as described herein was

intentional and was deliberately designed to cause harm to Plaintiffs.

                30.     Plaintiffs have suffered, and will continue to suffer, financial loss as a

direct result of John Doe 1 and/or Jane Doe l's wrongful interference with Plaintiffs' existing

and/or prospective business relationships.




                                                   7
    Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 10 of 11




        WHEREFORE, Plaintiffs demand judgment against John Doe 1 and/or Jane doe 1 (the

identity of which will be determined through further discovery), individually and/or jointly and

severally, in an amount in excess of $75,000.00, together with all applicable interest, costs, and

fees, as well as any other available relief.

                                           COUNT IV
                      Invasion of Privacy: Public Disclosure of Private Fact
                           Dr. Rumer v. John Doe 1 and/or Jane Doe 1

                31.     Plaintiffs incorporate paragraphs "1" through "30" by reference as though

the same were set forth herein in extenso.

                32.     As stated above, John Doe 1 and/or Jane Doe 1 published Dr. Rumer's

personal address and financial information on the Website.

                33.     The information on the Website was accessible, and still is accessible, to

anyone with internet access.

                34.     Information regarding Dr. Rumer's personal address and finances is

private and never disclosed to the average patient.

                35.     John Doe 1 and/or Jane Doe 1's publicity of Dr. Rumer's personal address

and financial information is highly offensive to a reasonable person, and further is highly offense

to Dr. Rumer.

                36.     Dr. Rumer's personal address and financial information is not a matter of

legitimate concern to the public and evidences John Doe 1 and/or Jane Doe 1's ongoing motive

to repeatedly harass, discredit, smear, tarnish the reputation of, and annoy Dr. Rumer.

                37.     John Doe 1 and/or Jane Doe 1's repeated, continual, and substantial

publicity of Dr. Rumer's private information was outrageous, willful, malicious, and

intentionally designed to and actually did cause economic and professional harm to Dr. Rumer.



                                                  8
        Case 2:20-cv-00456-CFK Document 1 Filed 01/23/20 Page 11 of 11




                38.      Dr. Rumer suffered substantial monetaiy and non-economic harm from the

Website's publication.

                39.      John Doe 1 and/or Jane Doe 1's conduct was reckless and/or intentional

and/or wanton and/or outrageous and he/she is, therefore, liable to Dr. Rumer for punitive

damages.

        WHEREFORE, Plaintiffs demand judgment against John Doe 1 and/or Jane doe 1 (the

identity of which will be determined through further discovery), individually and/or jointly and

severally, in an amount in excess of $75,000.00, together with all applicable interest, costs, and

fees, as well as any other available relief.

                                               Respectfully submitted,

                                               ROGERS CASTOR



 Dated: 1/23/2020
                                                /C~-~
                                               B: V
                                                  _ ~--
                                               Lance Rogers, Esq.
                                               Brian T. Newman, Esq.
                                               ROGERS CASTOR
                                               Attorney I.D. No. 87,546 / 324,891
                                               26 East Athens A venue
                                               Ardmore, PA 19003
                                               610-649-1880 / 877-649-1880 (fiL'I'.)
                                               Attorneys for Plaintiffs




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