Letter to Webmaster form Sonny Lefstead IP: 96.228.145.31 Posted on April 7, 2011 at 00:51:59 AM by Sonny Lefstead
Webmaster: Jerry Wotherspoon
I received of a letter from Plan Administrator Jennifer Campbell’s attorney, J. Robert McCormack, which I have posted below. I received this letter due to my post on March 24, 2011 at 10:44:15 PM by Sonny Lefstead. The post consisted of a letter from a retiree sharing information that took place at the Pension office, and a presentation from retiree Gene Wrenn to the Board of Trustees concerning interest money owed to retirees from the Common Fund, and how the Pension Trustees want the retirees to pay for the attorney's fees from the litigation out of the interest that is due the retirees. Before I posted on the website I called Gene for his approval and he said it would be all right to post the information. I did not see anything from the post that could be construed as defamatory or materially false, but I am not an attorney. In fact I thought the post had good information and all the feedback I received from retirees was thankful of the information that I posted.
In Jennifer Campbell’s lawyer’s letter to me the attorney said, “You have been making materially false and defamatory statements concerning our client. These statements caused damage to Ms. Campbell in her business and profession and are thus considered to be defamatory per se. As such, in any legal action, damages will be presumed. In summary, you have made public statements and have caused those statements to be posted on one or more Internet/message boards for public viewing. Your statements are materially false and misleading in that they imply Ms. Campbell, as plan administrator, has somehow personally benefited from ongoing litigation and that she was the impetus and cause of such litigation. “
In summary, Mr. Webmaster, since my posting of Gene’s letter has hit a nerve, and since I am under duress from Jennifer Campbell’s attorney, I have complied with Plan Administrator Jennifer Campbell’s request to have the post taken down. I now ask you, Mr. Webmaster Jerry Wotherspoon, to not take it upon yourself to edit and resubmit parts of my post, as you did today, April 6, 2011 at 01:24:08, without my consent.
This is truly a sad day for retirees.
Respectfully,
Sonny Lefstead Ret TFR/PCFR
CC: Attorney J. Robert McCormack
Tampa Retired Fire &Police Retiree Association President: Tommy DePolis
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LEWIS BRISBOIS BISGAARD & SMITH LLP
J. ROBERT McCORMACK DIRECT DIAL: 813.739.1960 E-MAIL: bmccormack@lbbslaw.com
March 31, 2011
VIA CERTIFIED U.S. MAIL (7008 1830 0001 3425 1270)
Palmer M. Lefstead, III 7700 Bay Pines Drive Wesley Chapel, FL 33544
Dear Mr. Lefstead:
This firm represents Ms. Jennifer Campbell with respect to her position as the Plan Administrator for the City of Tampa Fire and Police Pension Plan.
Along these lines, you have been making materially false and defamatory statements concerning our client.
These statements caused damage to Ms. Campbell in her business and profession and are thus considered to be defamatory per se.
As such, in any legal action, damages will be presumed.
In summary, you have made public statements and have caused those statements to be posted on one or more internet websites/message boards for public viewing.
Your statements are materially false and misleading in that they imply Ms. Campbell, as plan administrator, has somehow personally benefited from ongoing litigation and that she was the impetus and cause of such litigation. Nothing could be further from the truth.
The primary purpose of this letter is to demand that you immediately cease and desist in this ongoing conduct.
Additionally, it is hereby demanded that you take remedial measures which include all steps necessary to effectuate the removal of any postings relating to the information you falsely created.
This includes that you request those who have re-published your false information to remove such information from any websites or other publications.
Finally, we demand that you retract your statements and ensure the public understands that Ms. Campbell's role is merely as one of many advisors and that no Board action can be taken based solely upon her request, demand, or recommendation as it relates to the Pension Plan.
We shall be monitoring all future conduct and the web postings already identified.
Should you persist in your conduct, Ms. Campbell will have no choice but to initiate litigation to protect her reputation.