• Report: #465043

Complaint Review: David H. Simmons - Jeffrey Elkins - Thomas Neal - James L "Jack" Hutchings - Ron Hutchings

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  • Submitted: Thu, June 25, 2009
  • Updated: Wed, December 15, 2010

  • Reported By:orlando Florida
David H. Simmons - Jeffrey Elkins - Thomas Neal - James L "Jack" Hutchings - Ron Hutchings
332 North Magnolia Avenue Orlando, Florida U.S.A.

David H. Simmons - Jeffrey Elkins - Thomas Neal - James L "Jack" Hutchings - Ron Hutchings Fraud - Lawyer not showing Good Faith - Avoids Emails - Florida Bar Complaints Orlando Florida

*General Comment: Retraction

*Author of original report: Great Lawyers

*Consumer Comment: They sound like some damn good lawyers to me!

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BackGround:

David H. Simmons, Thomas Neal are partners at the law firm of www.DBKSMN.com - they employ an assistant attorney Jeffrey S. Elkins. Collectively they represent James L. "Jack" Hutchings a person that has been accused of being a pedophile in court pleadings. This same law firm once represented convicted felon Lou Pearlman (founder of nsync). They have offices in Orlando, Tampa, and Tallahassee. David H. Simmons is a politician and running for Florida Senate in 2010.

FACTS & BACKGROUND

By Ruling and Order issued June 11, 2009, the circuit court Judge Nancy (((REDACTED))) ordered that Mark (((REDACTED))) (A NON PARTY TO THE LAWSUIT AT HAND) provide Jack Hutchings reasonable attorney fees in the amount over $16,000.00USD for one motion to compel that was granted that we never objected to. We corresponding emails to David H. Simmons that he does and will not reply to. However, he takes the time to reply to certain emails at 10:00pm on Friday nights but not others when we request something. In our opinion, David H. Simmons defrauded us by going after us for a motion to compel as we never objected to it. Also, let it be known that I had a surgery on June 9, 2009 for a polypectomy (See www.myrunnynose.com) and David H. Simmons went in front of the honorable Judge Nancy (((REDACTED))) on June 11, 2009 when him and Jeffrey Elkins, and Thomas Neal have emails from me stating I object to the hearing but cannot attend June 11, 2009. There are Florida Bar Complaints filed against David H. Simmons and Thomas Neal and Jeffrey Elkins for their roll in manipulating an innocent third party to a lawsuit that I was never involved in. Their client Jack Hutchings sued my father and not me. They had a settlement agreement over a dispute that arose in Costa Rica over some property. My Father whom had joint ownership in the property with another Hutchings employee was told by the other employee that he could not help him or Hutchings would fire him. Jack Hutchings then used the leverage in the property to extort my dad out of it and then make him sign a settlement agreement that barred a non-disparaging clause. The non-disparaging clause then was the topic of the lawsuit file by Hutchings after my father left Costa Rica and made comments about Hutchings. Hutchings sued for Breach of Contract. David H. Simmons the attorney for Hutchings knew also that my dad did not host the website where he was blogging about Hutchings. What happen next is David H. Simmons sends in a letter to www.ThePlanet.com and then I receive a letter from them stating they received what appeared to a valid DMCA complaint and they shut down all my websites hosted on that server. At the time with subdomains it was over 60+!

What can you say about David H. Simmons? Good Lawyer or scumbag? This is a guy that wants to go into the Florida Senate in 2010! I guess the saying is true no good person ever wants to get into politics.

Conclusion:
David H. Simmons, Thomas Neal, Jeffrey Elkins in my opinion are pathetic lawyers and I recommend you to stay away from them and that law firm of www.dbksmn.com. I feel you have to be a really disturbed individual to go after a guy's kid for contempt of court when he wasn't even part of the lawsuit. They know well that I have had control of the website and I'm not in any way tied to that settlement agreement between Jack Hutchings and my father. However, Simmons slipped it into the ruling that (((REDACTED))) assignees and heirs are to abide by the settlement agreement. Get Real Simmons - That is why you are on Rip-off report because you are a scum bag! David H. Simmons going after me for $16,000 for a motion to compel us for deposition - one we never objected to is the reason behind this Rip Off Report. This could go down as the biggest Rip Off in history if he ever sees the money but he won't! - Jack Hutchings - Thomas Neal - Jeffrey Elkins all affiliated and helped with David H. Simmons going after me for the attorneys fees in regards to the motion to compel. They also in my opinion are SCUM! They also belong on RIPOFF REPORT!

Ladycolumbo.com
orlando, Florida
U.S.A.

This report was posted on Ripoff Report on 06/25/2009 05:27 PM and is a permanent record located here: http://www.ripoffreport.com/r/David-H-Simmons-Jeffrey-Elkins-Thomas-Neal-James-L-Jack-Hutchings-Ron-Hutchings/Orlando-Florida-32802/David-H-Simmons-Jeffrey-Elkins-Thomas-Neal-James-L-Jack-Hutchings-Ron-Hutchings-465043. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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Updates & Rebuttals

#1 General Comment

Retraction

AUTHOR: Brian Z. S. Herzig, Esq. - (United States of America)

======================= STATEMENT FROM Rip-off Report.com:

When the author of the Report contacts us and asks us to Remove their posting.. this is what we tell them.. =======================

Here is the short version as to why we have always had a uniform policy to not remove a Rip-off Report.....

"Our policy never to remove any report protects consumers. It doesn't do any good for a company to harass the consumer who posted a report -- we never take the report down. If businesses thought they could get reports removed by putting pressure on consumers, some of them would just put heavy pressure on the consumer through lawsuits or harassment. But, suing or harassing the consumer won't do any good, because it won't change the report. Because we never remove reports and we do encourage updates, the best thing a business can do is work things out with the consumer, make the consumer happy, and post updates showing how they used good customer service to solve the problem. In this way, the business has a unique opportunity to show it has good customer service while the consumer is protected from threatening behavior." Many businesses come back to us after cursing at us and telling us how mad at us they were, .. they now tell us how the once negative Report now gets them new found business. Most consumers do want to see how a business took care of business. After all, none of us can ever satisfy everyone all of the time. All business will make mistakes ending up with complaints, ..how those businesses handle those complaints is what separates good businesses from bad businesses. EM

We have no way of knowing who you are, .. so, dont be insulted by the following.. But If you are someone who lied about the company and now want to remove the complaint.. well then, those of you who are in this position, youll just have to fess up and state why you lied. Or, you can just lie that you told a lie.? But, then, think about what kind of person you are now becoming. If what you said is true, think about all the others that may fall into the same ripoff you did.. ? .. if they are threatening you with harm or harassment .. try to get them on tape and take it to the police. NOTE: do check with your state laws about recording someone. You want to make sure you are a 1 party state before recording someone. This means only one person (you) needs to know about the recording. BUT, if you are a 2 party state where both parties must know about the recording, it might be OK to record someone, the rule may not apply if you are being threatened with harm or if they are blackmailing you... check with your local police department to be sure.

Also.. if they somehow got your name because they know you reported them, .. you have to understand that youve left yourself open to be fair game. You can just come back by filing an UPDATE and explain more of your side of the story.

DONT WORRY we do not give out your info unless you dont respond to us when we need to just verify the Report. In rare cases a company will try and get that info.. its a real difficult and could be expensive process for a company to do. Out of over 560,000 Reports filed and more than 1.9 million submissions to those reports, .. weve been subpoenaed about 4 dozen times and have had to give up author info less than a dozen times to date. And weve been in business for just about 14 years now. They have to prove what was posted is false and if you are only expressing your opinion, .. most judges just flat out refuse to make us give anything up! Remember always respond to our email, just in case someone is trying to get your info we fight any request for author information ONLY IF you respond to our email and you can show us you told the truth. We do everything we can to protect you, the author of the Report. You also have a right in the USA to remain anonymous .. its part of your 1st amendment right to speak out!

THE LONG VERSION IS BELOW WHY WE NEVER REMOVE A RIP-OFF REPORT.

Your request for us to remove a Rip-off Report has to be denied.

What about other potential victims that would not be able to see and to learn from your experience. - - so they would know how to deal with the reported business in the future . If everyone was able to remove their report there would be no warning to consumers! There would be no way for consumers to educate each other.. this is what the Internet is all about. This is the 21st century, the information age..

Do you remember checking the box below before filing your Rip-off Report? .. YOU, the author, had to check this box or the Report would not go through. Here is what you agreed to just before you clicked the "Submit Your Report" button -- NOTE: the box is NOT pre-checked, you must check it before the Report will submit. ==================== [ ] By posting this report/rebuttal, I attest that this report is valid and I understand and agree that my submission and use of this website is subject to the site's Terms of Service (above). I am giving Ripoff Report irrevocable rights to post it on this web site. I acknowledge that once I post my report, it will not be removed, even at my request. Of course, I can always update my report to reflect new developments by clicking on UPDATE. Further, I agree that by posting this report/rebuttal that the State of Arizona has exclusive jurisdiction over any disputes between me and the operators of Ripoff Report arising out of this posting. ======================

Educating each other is what this is all about. Consumers need to make their own informed decisions based on your experience and those of others.

We do not want consumers ever to use these Reports as blackmail. This is another reason why we will NOT EVER remove a Rip-off Report. Better for consumers to see how a business took care of business, turning the negative into a positive - -

ALL BUSINESSES WILL GET COMPLAINTS ..HOW A BUSINESS TAKES CARE OF THOSE COMPLAINTS SEPARATES GOOD BUSINESSES FROM BAD BUSINESSES. THIS IS THE BEST PLACE FOR THEM TO SHOW HOW THEY TAKE CARE OF BUSINESS..

Because of your Report you got (maybe) what was coming to you after maybe being screwed or just jerked around, right? Or are they still refusing to make things right? Now they want you to remove it and they will make things right and they will not sue you, ..ONLY if you get this Report removed?! Or, are they threatening you with a lawsuit? If you dont get the report removed, they will sue you?

UNFORTUNATELY SOME COMPANIES ARE SO PIG-HEADED THEY DON'T REALIZE THAT BY SATISFYING YOU FIRST AND THEN BY YOUR COMING BACK TO UPDATE YOUR REPORT SHOWING HOW THEY TOOK CARE OF YOU, MAYBE STATING THAT THEY DID NOT REALIZE THEY MADE A MISTAKE OR, MAYBE IN THE NAME OF GOOD CUSTOMER SERVICE THEY MADE THINGS RIGHT BY YOU.. THIS WILL MAKE CONSUMERS FEEL GOOD ABOUT THAT BUSINESS WHEN THEY RUN ACROSS YOUR REPORT ... WHO DOESN'T WANT TO DO BUSINESS WITH A COMPANY OR INDIVIDUAL WHO CAN ADMIT MAYBE THEY MADE A MISTAKE AND HOW THEY MADE THINGS RIGHT FOR THE CUSTOMER?!! Reported businesses tell us all the time, they are glad we did not take down the Report about them, that the Report gets them new found business!

ALL COMPANIES / INDIVIDUALS WILL MAKE MISTAKES - - EVERYONE KNOWS THAT - - HOW THOSE BUSINESSES TAKE CARE OF THOSE MISTAKES IS WHAT SEPRATES GOOG BUSINESSES FROM BAD BUSINESSES.

AND CONSUMERS TODAY WANT TO SEE A 3rd PARTY OPINION. THIS WILL ONLY WORK IN THEIR FAVOR AS A PERMANENT POSITIVE ADVERTISEMENT FOREVER GREAT ADVERTISING THEY EVER HAD SAY MANY REPORTED BUSINESSES, AND IT'S FREE.

You need to let the business know that you can UPDATE your report in a positive way if they rectify your situation amicably you will let others know what a great business they really are, and how they made things right after realizing they made a mistake with you. You can show this by posting the positive things they did as an UPDATE to the Report you filed, turning the negative into a positive.

It never fails, since 1998 we have found that any time the consumer or the reported business comes back and files a positive rebuttal explaining their side, admitting what they might have done wrong and or how they took care of the customer in the name of good customer service, .. we have found, every time a response like that will always get the reported business NEW FOUND BUSINESS..

Who would not want to do business with a company that knows how to admit they made a mistake and to show how well they took care of the unsatisfied customer. This is common sense, this is the right thing to do and the only way to handle this. Only a business who is wrong will disagree - This is simple business practice 101.. Free and good advise especially in the New Millennium.

Whenever a business is threatening a lawsuit, remind them that any lawsuit they file today is public info and more than likely that will end up on the internet and they won't be able to do anything to anyone about that public information once the lawsuit is filed it will pop-up on search engines. These lawsuits now pop up once someone Googles their name. That will only get them more bad publicity.

THIS IS THE 21st CENTURY - CONSUMERS NOW HAVE A VOICE - IT'S NOT ONLY BUYER BEWARE, ..IT'S NOW "SELLER BEWARE" too...

The Internet is a reality of today's business world. What we all do, good or bad, is quickly and easily searchable. Those who are reported can fight, kick and scream all they want, ..this stuff is not going away, unless that is, Al Gore stops the Internet. :-)

Read more below about our philosophy ...

Rip-off Report has no way of determining whether you or the reported business is telling the truth. We encourage you to post a rebuttal/UPDATE to your report explaining your change of heart, or have the owner of the business tell their side of the story, but we have a uniform policy against removing stories posted by consumers. Remember what it says just before you clicked on Submit Your Report, there is a box that YOU MUST CHECK if you want the Report to go thru. This copy says the following, and should answer your question as to why you cannot ever remove a Rip-off Report - because you agreed to it. It states the following - (I acknowledge that once I post my report, it will not be removed, even at my request. Of course, I can always update my report to reflect new developments by clicking on UPDATE.

If we remove a Rip-off Report, we would be no better than the BBB. Although we can not remove reports, we do provide and UPDATE feature that allows you supply additional positive or negative information regarding your situation.

YOU MUST UNDERSTAND OUR PHILOSOPHY:

If Rip-off Report removed a Report every time a business threatened, consumers would have no history on how the business took care of past problems. This Report on the business or individual can work as a positive or as a promotional tool if they respond properly and do the right thing by taking care of you, their customer. Consumers will see this and will want to do business with them in-spit-of what has been written about them ...

That is why we supply a REBUTTAL feature so that the company reported has a chance to respond by agreeing, disagreeing, or apologizing and explaining their reasoning. It is called a public forum and it is one of the foundations of our country!

By allowing consumers to view the original report, updates and rebuttals, consumers will be able to make informed and educated decisions. This is mainly because consumers will be able to see how the company in question deals with complaints. Consumers love to do business with a company that can admit they made a mistake (or, in the alternative, can intelligently explain why they are not going to correct the situation).

Regardless, we have always had a uniform police to not remove Rip-off Reports.. We have been offered as much as $50,000 to remove just one Rip-off Report, but we declined! because doing so is in violation of our policy, and more importantly, it goes against what we what we stand for. Please understand our position. If anyone ever told you that we do remove Reports, its a big lie that is spread by those companies that hate us.

Remember, all businesses will get complaints. ALL! ...How those businesses take care of those complaints separates good businesses from bad businesses.

Please tell the Reported business they can file a rebuttal, telling the truth how the the business has rectified the problem and how they treated you. This is best if it is truthful and pleasant, hopefully they can show support of this forum and freedom of speech. Also, tell what the situation was at the time the Report was posted (even if its a long time a ago!) and how they made improvements to their company And posting a Rebuttal is free! Let them know they can turn that negative into a positive!

Businesses that once threatened to sue over negative Reports and have remedied the problem and posted updates tell us that Consumers are finding their businesses who would have never found them if the Rip-off Report had never occurred -- thanks to the search engines. If the complaints is handled correctly, the originally negative Report about their company can become a permanent positive advertisement! Lawsuits will linger forever and only cause more bad publicity.

And, if the business is still being pig-headed and thinking of suing us they need to read this ... http://www.ripoffreport.com/wantToSueRipoffReport.asp


ED Magedson Founder
EDitor@RipoffReport.com
www.ripoffreport.com
a Worldwide Consumer Reporting News Agency
..by consumers, for consumers


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Mark Adamczyk, by and through counsel, Brian Z. S. Herzig, states as follows:


I, Mark Adamczyk, am the author of and submitted report #465043, titled Report: David H. Simmons Jeffrey Elkins Thomas Neal James L. Jack Hutchings Ron Hutchings, which I posted on June 25, 2009, and which is published above.  


The content in the report above was written and submitted by me, Mark Adamczyk, in error.  Such statements posted by me were and are false.  I apologize for posting and hereby retract the content that I posted in the report above in its entirety, and I specifically retract each and every statement I published about Jack Hutchings, Ron Hutchings, the law firm of de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP, David H. Simmons, Thomas F. Neal, and Jeffrey S. Elkins.  I hereby instruct Xentric Ventures, LLC, and the Ripoff Report, to remove and forever delete the posting above.




Sincerely,




Mark Adamczyk


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#2 Author of original report

Great Lawyers

AUTHOR: Ladycolumbo.com - (U.S.A.)

16k for one motion to compel that is correct. David H. Simmons is a damn good attorney I guess. Check out the time line of events at www.ladycolumbo.com
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#3 Consumer Comment

They sound like some damn good lawyers to me!

AUTHOR: Tim - (U.S.A.)

You certainly have given an awful lot of extraneous facts that make your report horribly confusing. But you also, certainly, have failed to tell the whole story.

Per your version of the events there is no way in hell that you were slapped with a 16k order.

I'd sure like to hear the other side of this story. And I'd sure hope that it would be far more concise and coherent than the side we have.

Also, why wouldn't someone want to hire these attorneys if they were able to get an order compelling you to pay 16k for an unecessary motion? From your version of the events, these sound like some damn good attorneys!
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