El Faro Developments S A, John Bramwell, Geoff Bramwell sold me land without providing title Managua internet

On Tuesday, December 16, 2014, the Plaintiff Kevin Fleming made an application for alternative method of service brought without notice to the presiding master at the courthouse at The Law Courts at 651 Carnarvan Street in the City of New Westminster, in the Province of British Columbia to serve the notice of civil claim filed on November 4, 2014 in the Supreme Court of British Columbia on the Defendants Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd., collectively referred below as the (“Bramwell Defendants”).

The Fleming lawsuit alleges defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, David Crowe, Darrell Bushnell, Federico Gurdian Sacasa and 26 John Doe individuals who have published lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.

In an Affidavit of Attempted Service filed in the Supreme Court of British Columbia, the process server from Rapid Taggers attended the work address of the Bramwell Defendants on November 6, 2014 and left a message with the receptionist. On the same day, the process server received a message from Geoff Bramwell stating he was out of town and to return the next week.

On November 10th and 12th, 2014, the process server returned to the work address of the Bramwell Defendants and was only able to leave a message on the intercom. On November 12th, 2014, the process server left a voice mail message for John Bramwell. On November 18, 2014, the process server attempted to serve John Bramwell at a known residential address but was unsuccessful. As of December 1, 2014, no return phone calls from the Bramwell Defendants were received from the process server and it’s the process servers belief that the Bramwell Defendants are evading service.

Rule 4-4 in the Supreme Court of British Columbia permits substituted service in two distinct circumstances: 1) where it is impracticable to serve the person by personal service; and b) where the person to be served cannot be found after a diligent search or is evading service.

Upon hearing Fleming, and on the reading the sworn Affidavits #3, #4 and #5 of Kevin Fleming, the court ordered that Fleming may serve the notice of civil claim by alternative method upon the Bramwell Defendants by posting a copy of the notice of civil claim and the court order at the Bramwell Defendants work address on the rear entrance door of 1332 Franklin Street, Vancouver, British Columbia, and such service shall be deemed to be good service upon the Bramwell Defendants.

In addition, the time within the Bramwell Defendants may file a response to the notice of civil claim be 21 days after the completion of service. Fleming says, “the alternative service message proposed offers a clear statement of the significance of the notice of civil claim and I will continue to defend my reputation and hold the Defendants to account for their irresponsible publishing of defamatory statements that has deeply hurt me and my family and I welcome the opportunity to meet the Defendants in the courtroom to address their negligent behavior”.

On December 15, 2014, the Supreme Court of British Columbia allowed legal notice to be served by private messages on online forums and sent via email to 26 anonymous individuals advising them that they are being sued in the Kevin Fleming defamation case.

Fleming, who filed a defamation lawsuit seeking damages on November 4, 2014, says in the lawsuit that online comments that imply he was acting in fraudulent manner and unethical are untrue.

Fleming does not know who the John Doe Defendants are or where they are located, and there is no cost-effective means of discovering this information. The only readily apparent means of finding out would be to seek production orders against the various Internet service providers.

Even if such orders were granted and obeyed, they would only yield e-mail addresses, service on which would essentially be no different than that under the proposed order. A court permits alternative (“substituted”) forms of legal service when the usual method of hiring a detective or a process server is “impracticable” or when a defendant is evading service.

With the success of the recent motion, defendants such as “Seaside Mariana Investors Union”, “Isla Mariana Investors Union” and “NicaHeat” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defense.

Under most circumstances, when a person does not file a statement of defense within a given time, the suing party is entitled to a default judgment, which can result in the collecting of compensation from the defendants.

Fleming believes being able to serve legal notice over the Internet is a way for the law to catch up to social media and the judgment means he does not have to serve the defendants in person. This is not unprecedented; there are other cases of hard-to-identify people being notified through Facebook and Twitter that they have been sued.

According to Fleming, “it is important that this defamation lawsuit is seen to the end where judgment is granted in order that individuals would not have to endure these types of hate-filled campaigns, personal attacks and vicious lies.”

The purpose of this message is to inform you that I filed an action on November 4, 2014 in the Supreme Court of British Columbia, alleging defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, Federico Gurdian, David Crowe and Darrell Bushnell for publishing lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.

There are lies being spread on the Internet that I have committed a fraud. These lies have harmed my family and Owners and Promissory Purchasers in the beachfront communities of Isla Mariana and Seaside Mariana in Nicaragua. I'm not going to simply accept it and move on.

I'm pursuing them in court and will obtain orders compelling them to pay damages for their illegal actions. I will force everyone who has failed to take down these lies from their websites to do so and to pay damages for not taking them down when I asked them to.

Sincerely,

Kevin I. Fleming
Chairman | Grupo Mariana S.A.
Managua, Nicaragua
(888) 484-4425 North America Toll Free
www.grupomariana.com
kevin.fleming@grupomariana.com

Hello David, the Bramwell brothers have also defrauded me.  Send me an email through this site.

Karl.