From the Desk of Wolfgang Halbig:
Filing # 33073488 E-Fi1ed 10/09/2015 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR
LAKE COUNTY, FLORIDA
LEONARD POZNER, Individually, CASE NO.: 2015 CA 001693
WOLFGANG HALBIG, Individually,
MOTION FOR TEMPORARY AND PERMANENT INJUNCTION
COMES NOW, Plaintiff, Leonard Pozner, ("Plaintiff'), by and through his undersigned
counsel, and files this Motion for Temporary and Permanent Injunction against Defendant, Wolfgang Halbig, ("Defendant"), and allege as follows:
1. Plaintiff was father to a six year old, Noah Pozner, who died a victim of the December 14. 2012 shooting (the "Shooting") at Sandy Hook Elementary School ("Sandy Hook") in
2. Official authorities investigated the Shooting and closed the investigation thereafter.
3. Official authorities never concluded nor found evidence to believe that the Shooting was a
fraud or an attempt on the part of the government or any other person to defraud anyone.
4. Defendant, contrary to what official authorities have already concluded, created a fictitious corporation and a website (the "Website") for said cotporation, allegedly focused on
exposing the truth behind the Shooting at Sandy Hook.
FILED: LAKE COUNTY, NEIL KELLY, CLERK, 10/13/2015 PM
5. Defendant's fictitious corporation and the Website will not be named herein so as to avoid further spreading Defendant's false allegations.
6. Through his fictitious corporation, Defendant asks visitors to monetarily contribute and assist in finding the truth of the Shooting. The information for donations is on the Website, which states that donation checks are to be made payable to Sandy Hook Justice and mailed to the address provided in the Website.
7. When Plaintiff learned of Defendant's fictitious corporation and of the Website, he immediately emailed, on or about June 9, 2014, Florida Attorney General Pam Bondi ("Attorney General Bondi") to express his concerns about Defendant's actions and about the Website.
8. On or about June 1 8, 2014, Staff from Attorney General Bondi's office responded, through email, to Plaintiff regarding the email he had sent her on or about June 9, 2014.
9. By means unknown to Plaintiff, and on a date unknown to Plaintiff, Defendant obtained the email Plaintiff sent to Attorney General Bondi on or about June 9, 2014, as well as Attorney General Bondi's responsive email from or on about June 18, 2014 to Plaintiff (collectively known as the "Correspondence").
10. The Correspondence contains personal information including, but not limited to, Plaintiffs address, phone number, and email address.
11. Without Plaintiff's and/or Attorney General Bondi's consent, Defendant, or someone acting on his bchalf or with the same managerial access to the Website, uploaded the Correspondence to the Website.
12. Anyone with an internet connection has access to the Website and upon visiting the
Website will have access to the Correspondence uploaded therein.
13. Anyone accessing the Correspondence uploaded therein will be able to read the Correspondence in its entirety, including its contents and personal information contained therein.
14. Upon learning that the Correspondence had been made public on the Website without authorization, Plaintiff contacted his undersigned counsel, Marcus Law Center, LLC, (the "Undersigned").
15. On or about June 30, 2015, the undersigned sent a certified letter to Defendant, demanding him to remove the Correspondence from the Website.
16. Defendant never responded to the certified letter nor did he remove the Correspondence from the Website.
17. To date, the Corespondence remains on the Website and freely accessible by the Public.
18. As Defendant has not taken the Correspondence off the Website after due demand has been made, irreparable injury to Plaintiff will result if the temporary and permanent injunction is not granted.
19. Plaintiff has no other legal or equitable relief available to him other than to seek a temporary and permanent injunction against Defendant.
20. Plaintiff seeks to obtain a temporary and permanent injunction against Defendant so that he is court-ordered to remove the Correspondence from the Website and to discontinue publishing its contents any further.
21. Plaintiff has suffered impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering duc to Defendant's actions, including, but not limited to, maintaining and operating the Website to publish controversial information related to PlaintifT.
22. Additionally, Plaintiff filed a Complaint against Defendant on or about September 11, 2015, requesting the Court to enter a temporary and permanent injunction against Defendant.
23. Plaintiff has a clear legal right to the requested relief as the nature of the information Plaintiff wants to remove from public grasp is personal to him.
24. An injunction against Defendant will serve the public' s welfare in that Defendant will cease to make personal information available to the public on a website (the Website) where false and controversial information is being promulgated.
WHEREFORE, Plaintiff, Mr. Pozner respectfully prays that this Honorable Court enters a Temporary and Permanent Injunction against Defendant, Mr. Halbig, and/or anyone acting on his behalf to remove the C01Tespondence from the Website consistent with the foregoing, and including but not limited to precluding Mr. Halbig and/or anyone acting on his behalf from publishing the contents of the Correspondence and the personal information contained therein related to Mr. Pozner, and, additionally, awards Mr. Pozner attorney's fees, coult costs, interest, and any funher relief as this Honorable Court deems just and proper under the circumstances.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been mailed to
Wolfgang Halbig, at 25526 Hawks Run Lane, Sorrento, FL 32776 this _A_ day of October, 2015
MARCUS LAW CENTER, LLC
2600 Douglas Road
Coral Gables, FL 33134
Telephone (305) 507-1203 Facsimile (305) 507-1204
Alan K. Marcus, Esq.
FL Bar 266116