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CIVIL COVER SHEET

Form 1.997 The civil cover sheet and the information contained herein neither replaces nor supplement the filing and
service of pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of
the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute section 25.075. (See
instructions for completion.)
1. CASE STYLE
In the Circuit Court of the Thirteenth Judicial Circuit for Hillsborough County, Florida
ELLEN BETH WACHS 11
5545
Case #:
Plaintiff(s), Division :
vs.
ED GO LL0 8 ITH. TRACY THOMAS.
NAN OWENS. STEVE BROWN.
M.AIT COOPER. GLORIA JULI US.
STEVE MILES. and JAMES PETE RSON
ECE
DEC 05 2011
Defendant(s).
--------
- - - - - - ~ ~ ~ ~ ~ ~ I Q
II. TYPE OF CASE Of the case fits more than one type of case, select the most definitive category.) If the
most descriptive label is a subcategory (is indented under a broader category), place an X in both the main
category and subcategory boxes.
DCondominium
DContracts and indebLedness
CJEminent domain
DAuto negligence
DNegligence - other
o Business governance
D Business torts
CJ EnvironmentalfTox.ic tort
D Third party indemnification
o Construction defect
D Mass tort
D Negligent security
c=J Nursing home negligence
o Premises liability - commercial
o Premises liability - residential
D Products liability
D Real property / Mortgage foreclosure
D Commercial foreclosure $0
$50,000
D Commercial foreclosure $50,001
$249,999
D Commercial foreclosure
$250,000 or more
D Homestead residential foreclosure
$0 - $50,000
D Homestead residential foreclosure
$50,001 - $249,999
CJ Homestead residential foreclosure
$250,000 or more
D Nonhomestead residential
Foreclosure $0 - $50,000
D Nonhomestead residential
Foreclosure $50,00 I - $249,999
o Nonhomestead residential
Foreclosure $250 000 or more
D Other real property actions $0
$50,000
D Other real property actions $50,001
$249.999
D Other real property actions $250,000
or more
D Professional malpractice
D Malpractice - business
D Malpractice - medical
D Malpractice - other professional
mOther
D Antitrust / trade regulation
D Business transactions
D Constitutional challenge - statute or
ordinance
D Constitutional challenge - proposed
amendment
D Corporate trusts
DDiscrimination - employment or
other
D Insurance claims
D Intellectual property
m Libel/Slander
D Shareholder derivative action
o Securities litigation
D Trade secrets
o Trust litigation
D THIS CASE IS APPROPRIATE FOR ASSIGNME1\'T TO THE COMPLEX LITIGATION BUSINESS
DIVISION. PLEASE SEE ATTACHED COMPLEX B SfN ESS LITIGATION DIVISION ADDENDUM
FORM.
III. REMEDIES SOUGHT (Check all that apply):
[Z] Monetary;
D Non-monetary declaratory or injW1ctive relief;
W Punitive
IV. NUMBER OF CAUSES OF ACTION: [1 ]
(Specuy) ________________________________________________________________
V. IS THIS CASE A CLASS ACTION LAWSUIT?
DYes
[Z]No
VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
[Z]No
D Yes If "yes", list all related cases by name, case number and court.
VII. IS JURY TRIAL DEMANDED IN COMPLAINT?
DYes
WNo
VI1I. IS TRIAL EXPECTED TO LAST MORE THAN TEN (10) TRIAL DA YS (2 WEEKS)?
DYes
mNo
I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief.
FL Bar # ____ ________
Attorney or Party (Bar # if attorney)
Sign.Me ?zSllc 4 ~
Type or Print Name Date
COMPLEX BUSINESS LITIGATION DIVISION ADDENDUM
Party or Attornev Filing Action Must Place an "X" in One of the Boxes Below
The categories of cases set out below shall guide the parties and the Court in the designation of cases for the
Complex Business Litigation Division ("CBLD' ').
AMOUNT IN CONTROVERSY GREATER THAN $150,000.00
D Non-consumer VCC-related transactions;
D Purchases and sales of businesses or the assets of a business, including contract disputes, commercial landlord
tenant claims, and business torts;
D Non-consumer sale of goods or services by or to business enterprises;
D Non-consumer bank or brokerage accounts, including loan, deposit, cash m311agement, and investment accounts;
D
D
Purchase, sale, lease of commercial (real or personal) property or security interests therein;
Commercial surety bonds;
D Franchisee / franchisor relationships and liabilities;
D Malpractice against professionals, except health care providers, in cOnIlection with rendering services relating to a
business enterprise;
CJ Business torts, including unfair competition, breach of fiduciary duty, and tortious interference with contracts;
D Complex construction litigation, other than consumer home construction disputes, unless a court determines that
the home construction dispute is business-related and complex; or
CJInsurance coverage, bad faith litigation, and third party indemnity actions against insurers arising under policies
issued to businesses, such as claims arising under a commercial general liability policy, commercial property
policy, or title insUr311ce policy, not including claims where the underlying dispute is a personal injury claim,
unless a court determines that the personaJ injury insurance claim is business-related and complex.
ANY AMOUNT IN CONTROVERSY
D Internal affairs or governance, dissolution or liquidation rights, obligations between or among owners
(shareholders, partners, members), or liability or indemnity of managers (officers, directors, managers, trustees, or
members or partners functioning as managers) of corporations, partnerships, limited partnerships , limited liability
companies or partnerships;
D Trade secrets and non-compete agreements;
D Intellectual property;
D Securities or state securities laws;
CJAntitrust statutes;
D Shareholder derivative actions and related class actions; and
D Corporate trust affairs or director and officer liability_
NOTE: A copy of the Civil Cover Sheet and this Addendum must be sen'ed with the Complaint for all
Complex Business Litigation Division cases. See Administrati\'e Order S-2008-105 for further Complex
Business Litigation Division requirements.
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
WACHS,
Plaintiff
11 ,' 15545
Case No.
----------------
ED GOLLOBITH, TRACY THOMAS,
NAN OWENS, STEVE BROWN,
MATT COOPER., GLORIA JULIUS,
STEVE MILES, and JAMES PETERSON
ECEIVE
Defendants.
DEC 05 2011

CLER ' 01= C R COURT
HILLSBO U H ,--,OUI TY FL
COMPLAINT FOR DEFAMATION '
I. Introduction
1. This action for defamation is brought by the Plaintiff Ms. ELLENBETH WACHS
against the Defendants ED GOLLOBITH, TRACY THOMAS, NAN OWENS, STEVE
BROWN, MATT COOPER., GLORIA JULIUS, STEVE .MILES, and JAMES PETERSON. Ms.
WACHS was, and asserts that she legally remains, the acting president of Atheists of Florida,
Inc , a Florida Non Profit Corporation ("the AoF") . The Defendants are or were at the time of the
subject defamation members of the board of directors of the AoF ("the Board"). This action
arose from an email ("Writing f') sent on November 6, 2011 by the Defendants to the AoF
membership falsely accusing the Ms. WACHS of impropriety and criminal behavior.
Specifically this email stated that the Plaintiff has "been expelled from the membership for
seriously obstructing the organization' s business, misappropriating the organization's name,
misappropriating the organization' s funds, and acting in a way that discredits the organization."
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33782
This same email directed members to a publicly accessible website which repeated these false
claims ("Writing II")
ll. Jurisdiction
2. This Court has jurisdiction and venue is proper because at least one of the defendants
resides in Hillsborough County and because the amount in controversy exceeds $15,000,
ill. Parties
3, The Plaintiff Ms, ELLENBETH WACHS is now and at all times mentioned in this
complaint was a resident of Polk County, Florida, She is a small business owner. She was and
asserts that she remains acting president of the AoF. She has served as a board member, the vice
president, and the legal director of the AoF, She resides at: 5963 Lake Victoria Drive, Lakeland,
FL 33813
4, Defendant, Mr. ED GOLLOBITH is now and at all times mentioned in this complaint
was a resident of Hi llsborough County, F lorida This party is or was a member of the Board and
signed Writings I and II , This party resides at: 4303 S MacDili Ave" Tampa, FL 33611-1940,
5, Defendant, Ms, TRACY THOMAS is now and at all times mentioned in this complaint
was a resident of Pinellas County, Florida, This party is or was a member of the Board and
signed Writings I and II , This party resides at: 6411 93rd Terrace #4901 , Pinellas Park, FL
6, Defendant, Ms, NAN OWENS is now and at all times mentioned in this complaint was a
resident of Hillsborough County, Florida, Thi s party is or was a member of the Board and signed
Writings I and II, This party resides at: 4704 Lakewood Drive, Seffner, FL 33584,
7, Defendant, Mr, STEVE BROWN is now and at all times mentioned in this complaint was
a resident of Pinellas County, Florida, This party is or was a member of the Board and signed
Page 2 of8
Writings I and II. This party resides at: 11640 Shipwatch Drive Villa 1431, Largo, FL 33774
3742.
8. Defendant, Mr. MATT COOPER is now and at all times mentioned in this complaint was
a resident of Hillsborough County, Florida. This party is or was a member of the Board and
signed Writings I and II. This party resides at: 15636 Eastboum Drive, Odessa, FL 33556.
9. Defendant, Ms. GLORIA JULIUS is now and at all times mentioned in this complaint
was a resident of Pinellas County, Florida. This party is or was a member of the Board and
signed Writings I and II. This party resides at: 6382 18th Street NE, St Petersburg FL 33702.
10 Defendant, Mr. STEVE MILES is now and at all times mentioned in this complaint was a
resident of Alachua County, Florida. This party is or was a member of the Board and signed
Writings I and II. This party resides at: 6308 N.W. 136th Street, Gainesville, FL 32606.
11 . Defendant, Mr. JAMES PETERSON is now and at all times mentioned in this complaint
was a resident of Hillsborough County, Florida. This party is or was a member of the Board and
signed Writings I and II. This party resides at: 6814 Charlotte Harbor Way, Tampa, FL 33425.
IV. The Defamatory Writings
12. Writing I, the first defamatory writing, was sent collectively by all the Defendants via
email on November 6, 2011 at 6:05 PM to the mailing list of the AoF, approximately 200
individuals. Writing I stated:
"The Board voted to remove EllenBeth Wachs as Vice President. of the
Organization.. .. Additionally, [she has] been expelled from the membership for
seriously obstructing the organization' s business, misappropriating the organization's
name, misappropriating the organization's funds, and acting in a way that discredits
the organization . .. Meanwhile, please keep abreast of the latest Atheists of Florida
developments on our temporary website at: www.metrodirect.netlaof. ..
Writing I was signed:
The Board of Directors of Atheists of Florida
Page 3 of8
Ed Golly, Chair and acting President
Tracy Thomas, Secretary
Nan Owens, Treasurer
Steve Brown, Member of the board
Matt Cooper, Member of the board
Gloria Julius, Member of the board
Steve Miles, Member of the board
James Peterson, Member of the board
Note that "Ed Golly" in the list above is an alias used by the Defendant ED GOLLOBITH.
13 Writing II, the second defamatory writing, was posted (still available as of November 29,
2011) on a public website to which Writing I aftirmatively directed AoF members. As quoted
above that link is .. http://www.metrodirect.netlaof/ .. That website repeats the defamation:
"EllenBeth Wachs . . [has] been expelled from the membership for seriously
obstructing the organization's business, misappropriating the organization' s name,
misappropriating the organization's funds, and acting in a way that discredits the
organization. "
Writing II again specifically names each of the Defendants and also calls them "Signatories" It
also lists three other Board members as "Non Signatories." Writing II has remained up and
available for any Internet users who might search for the AoF. The website www.metrodirect.net
and its sub-domains are owned and controlled by the Defendant JAMES PETERSON
v. Falsity
14. The assertions III Writing I and Writing II that Ms. WACHS obstructed the AoF' s
business, misappropriated its name and funds, and discredited the AoF are entirely false .
VI. Publication to Third Parties
15 . Writing I was sent by email from the Defendants to approximately 200 members of the
AoF who were also directed to Writing II .
16. Writing II was made and remains pubJical\y available to all Internet users who might seek
information regarding the AoF. The Ledger, a prominent newspaper in Ms. WACHS hometown
Page 4 of8
of Lakeland, Polk County Florida, quoted Writing II in an article written November 7, 2011
publicizing the Defendants' defamatory statements to thousands of readers. The article states:
"The action involving . Wachs, the vice president, came Sunday morning at a
board meeting. Posted on the website Monday '[she has] been expelled from the
membership for seriously obstructing the organization's business, misappropriating
the organization's name, misappropriating the organization's funds and acting In a
way that discredits the organization'" [emphasis added].
VIT. Injunction
17. It is appropriate and Ms. WACHS moves that this Court declare an immediate injunction,
pending the outcome of the his case, requiring the Defendants to remove Writing II from the
Internet and to generally cease all dissemination of the assertions regarding Ms. WACHS made
in Writings I and II .
VIII. Inj ury to Plaintiff and Damages
18. The Defendants engaged in defamation per se when they falsely accused Ms. WACHS of
misappropriating the AoF's name and funds and obstructing and discrediting the AoF. The
Defendants' statements accused Ms. WACHS of criminal behavior and behavior
incompatible with both her business and her office within the organization. The
Defendants' statements amount to defamation per se and Ms. WACHS' injury is presumed.
19. Regardless, Writing I and Writing II clearly expose Ms. WACHS to hatred, contempt,
and ridicule from the AoF membership-those over whom she exercises a position of
trust-and from the public when they read that the Defendants assert that she has
obstructed organization business, misappropriated its name and funds, and discredited the
organization.
Page 5 of8
20. As a proximate result of the Defendants' defamatory writings Ms. WACHS has suffered
loss of her reputation, shame, mortification, and injury to her feelings. Further she has expended
much time away from tending her business to combat the Defendants' false statements. All this
is to her damage in the total amount of$100,000.
21. In alterative or addition to negligence, the Defendants published Writings I and II with
malice, with reckless disregard as to whether-or with knowledge that- the defamatory
statements were false, with hatred and ill will towards Ms. WACHS, and seeking to
destroy her reputation. Because of the Defendants' malice, Ms. WACHS seeks punitive
damages in the total amount of$100,000.
IX. Joint and Several Liability
22. Because the Defendants acted in concert, as is shown by their names listed at the bottom
of Writings I and II, they are jointly and severally liable for damages.
WHEREFORE, the Plaintiff, Ms. ELLEN BETH WACHS demands judgment against the
Defendants, jointly and severally:
1. Compensatory damages in the amount of $100,000;
2. Punitive damages of in the amount of $100,000;
3. Interest as allowed by law;
4. Reasonable attorney's fees, costs and expenses;
5. Immediate Injunctive relief in the Defendants' ceasing of all dissemination of the
defamatory statements; and
6. Such other and further relief as this court may deem just and proper.
Page 6 of8
I, ElienBeth Wachs, do hereby verify under penalty of perjury under the laws of the United
States of America that the foregoing complaint is true to the best of my knowledge,
information and belief, is based upon my personal knowledge and is true and correct.
Dated: /0+Ic:; I/J
ELLENBETH WACHS
Page 7 of8
PARTIES ON WHOM TO SERVE COMPLAINT
BROWN, Steve 11640 Shipwatch Drive Villa 1431 / Largo, FL 33774-3742
727 / 595-4864, brownsteve@verizon.net
COOPER, Matt 15636 Eastbourn Drive / Odessa, FL 33556
813 / 920-0231 , matt.progress@gmaiLcom Cell : 626 / 808-7490
GOLLOBITH, Ed 4303 S MacDil1 Ave / Tampa FL 33611-1940
813 / 839-7567, Edgollystudio@aol.com Cell 813 / 325-9139
JULIUS, Gloria 6382 18th Street NE / St Petersburg FL 33702
727 / 525-1446, glojulius@msn.com
MILES, Steven 6308 N.W. 136th Street / Gainesville, FL 32606
352 / 332-1727, smiles@chem.ufledu
OWENS, Nan 4704 Lakewood Drive / Seffner, FL 33584
813 / 662-6612, nanowens@ix.netcom.com, Cell 813 / 424-2558
PETERSON, Jim 6814 Charlotte Harbor Way / Tampa, FL 33425
813 / 531-8138, jamestp@ij .net, Cell: 727 / 271-3549
THOMAS, Tracy 6411 93rd Terrace #4901 / Pinellas Park, FL 33782
727 / 235-3220, mschacha@tampabayrr.com
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