Dated 6/22/2021
Dear John D. Kirszenberg,
In response to your defamatory posts at https://flatearthlunacy.com, I am sending you another Cease and Desist notification in regards to the latest lies posted on your hate site. You claimed that Tim Ozman is part of a lawsuit aimed at Michael Marshalek. A lawsuit which has been dismissed for lack of merit. This is another example of sloppy investigation and deliberate and malicious defamation of character.
This letter is served upon you pursuant to the Federal Rules of Civil Procedure wherein demand is made upon you to cease and desist your unlawful slander and defamation of character as seen in your for-profit website.
You have engaged in spreading false, destructive, and defamatory rumors about the party and individuals in the party. Under Federal Law, it is unlawful to engage in defamation or slander of another individual or individuals.
Your defamatory statements involve the following:
- Accusing Tim Ozman being accused in a lawsuit involving theft:
“….Tim Ozman and Michael Marshalek (ExploringAgain.com), two prominent flat Earthers, being sued for $5-miliion dollars. The two are “accused” of steeling the “Midnight in the Desert” syndicated radio show Art Bell legacy archives.
- I guess that’s why Tim Ozman needs a few days off…“
The second point suggests you were speculating, and it come off as gloating, which further indicates the malicious nature of these mendacious claims.
Accordingly, we demand that you immediately cease and desist your unlawful defamation along with immediately removing the contents of the document and publicly apologizing for said actions.
If you choose to not comply with this cease and desist letter within a twenty-four hour period, The individual as stated beforehand is entitled to seek monetary damages and equitable relief for your defamation. Along with that my clients have communicated to me to inform you that they will pursue charges and take any other legal action in order to put a halt to these illegal actions immediately.
However, before taking such drastic measures, my clients have agreed to give you a twenty four (24) hour period to resolve these illegal actions before taking legal action to force you to do so.
You will not receive another warning letter. If you do not cease and desist all illegal actions immediately and comply with our demands in this letter within 24 hours time, legal action will follow.
It is also recommended that you forward this to your Attorney.
Signed,
Tim Ozman,
Infinite Plane Radio,
Host and Program Manager
505-510-4226
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