• Report: #727034

Complaint Review: Dewayne Zinkin

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  • Submitted: Sun, May 08, 2011
  • Updated: Fri, October 28, 2011

  • Reported By: Concerned Citizen — Woodward Park California USA
Dewayne Zinkin
Friant road Fresno, California United States of America

Dewayne Zinkin | Notice of Ripoff Report VIP Arbitration Decision: A neutral and independent arbitrator has determined that the following Report contained one or more false statements of fact. The false statements have been redacted (((REDACTED))) Fresno, California

*Author of original report: Zinkin

*REBUTTAL Owner of company: NOTICE OF DEFAMATION LITIGATION AND SERVICE OF SUBPOENA ON XCENTRIC VENTURES, LLC TO DISCOVER IDENTITY OF POSTER

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Ripoff Report VIP Arbitration Program


In re:

De Wayne Zinkin and Harold Zinkin,

Complainants,
v.

Anonymous,

Author.

Rip-Off Report No.: 727034


ARBITRATOR DECISION


Bruce Meyerson,

Arbitrator
Complainants, De Wayne Zinkin and Harold Zinkin, have challenged the truthfulness of certain statements (each, a Statement) posted by Author Anonymous on the Ripoff Report website at www.ripoffreport.com on May 8, 2011, as Ripoff Report No. 727034 (the Report). The Complainants and the Author have agreed to submit the dispute to the Ripoff Report VIP Arbitration.

In addition to challenging the statements made by the Author, the Complainants are also challenging the status or role of the Author. Based upon the nature of the Statements set forth in the Report, the Complainants are unable to identify the Author.

Each Statement challenged by the Complainants has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author has not provided a response to the Complaint.

I have been asked to decide whether the preponderance of the evidence submitted establishes that each Statement is true or that it is false. If the statement identified by the Complainants is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.

Each challenged Statement submitted by the Author is set forth below together with my comments and ruling:

1. Statement: Thief Thief Fraud Liar Con

Discussion: Complainant De Wayne Zinkin has submitted a Declaration denying the Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so.

Ruling: I find this Statement false.

2. Statement: Pays off judges . . . . . got his son off on Rape Charges.

Discussion: The Complainants have been submitted Declarations denying the Statement including the Declaration of Harold Zinkin who has stated he has never been charged with rape. The Author had the opportunity to provide evidence supporting the Statement but did not do so.

Ruling: I find this Statement false.

3. Statement: Mafia, Crimnal (sic).

Discussion: Complainant De Wayne Zinkin has submitted a Declaration denying the Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so.

Ruling: I find this Statement false.

DATED this ____ day of October, 2011.

________________
Bruce E. Meyerson, Arbitrator

(((REDACTED)))

This report was posted on Ripoff Report on 05/08/2011 01:47 PM and is a permanent record located here: http://www.ripoffreport.com/r/Dewayne-Zinkin/Fresno-California-93711/Dewayne-Zinkin-Notice-of-Ripoff-Report-VIP-Arbitration-Decision-A-neutral-and-independe-727034. 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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REBUTTALS & REPLIES:
1Author 0Consumer 1Employee/Owner
Updates & Rebuttals

#1 Author of original report

Zinkin

AUTHOR: surcharge1 - ()

 

To:      Mr. DeWayne Zinkin, Sr.

           Mr. Harold Zinkin

We feel terrible about the false statements posted about you, your business practices, and your family on ripoffreport.com. We agree all of the statements posted were completely false and no one should ever read them and believe the statements were true in any way.

Brooke Ashjian

Brittan Ashjian

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#2 REBUTTAL Owner of company

NOTICE OF DEFAMATION LITIGATION AND SERVICE OF SUBPOENA ON XCENTRIC VENTURES, LLC TO DISCOVER IDENTITY OF POSTER

AUTHOR: Musick, Peeler & Garrett, LLP - (United States of America)

Please be advised that De Wayne Zinkin has filed a lawsuit entitled Zinkin, et al. v. John Does 1-10, in the Superior Court of Arizona in Maricopa County, Case No. CV2011-014449.  In this lawsuit, Mr. Zinkin seeks compensatory and punitive damages against the person or persons that submitted the above defamatory and libelous report.  All of the statements in the above report are maliciously false, and the subject of the pending defamation lawsuit.

In connection with the pending litigation, Mr. Zinkin served a subpoena on Xcentric Ventures, LLC, the owner of ripoffreport.com, to discover the identity of the person or persons that posted the above defamatory report, including the posters name, address, telephone number, and email address.  Pursuant to the subpoena, Xcentric Ventures must produce documents or electronically stored information bearing the posters identifying information on August 31, 2011 at 10:00 a.m. 

The person or persons that posted the above report have the
right to timely and anonymously file and serve a response to the request.

Please direct all communication regarding this matter to Mr. Zinkins attorneys:

LouCinda Laughlin
William A. Bossen
Alex H. Aharonian
MUSICK, PEELER & GARRETT LLP
One Wilshire Blvd., Suite 2000
Los Angeles, CA 90017
(213) 629-7600
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