Calling San Diego County…

April 9, 2008

If you were a victim of the Kimkins scam and you live in San Diego County, you can make a major impact in stopping Heidi Diaz’s Kimkins scam.  Please contact me at kimkinslawsuit@yahoo.com or contact John Tiedt at jtiedt@tiedtlaw.com for more information.

If you are a former or current Kimkins member, you can still help by spreading the word to any San Diego County resident who joined Kimkins.

Send in your info….

March 31, 2008

I want to send out a resounding thanks to everyone who has sent information in to John Tiedt to assist in the prosecution of the Kimkins Class Action Lawsuit!  He’s gotten a lot of information and is having a tough time wading through all of it. 

 So, we’ve set up a new email address where evidence, screenshots and other tips and suggestions can be sent.

kimkinscase@gmail.com

As a reminder:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

 Remember if you want to send new or old information, tips, suggestions or thoughts to John and his team, please send them to kimkinscase@gmail.com so that information can be well-organized!  Thanks for all of your help!

Good Friday and We Need Your Help!

March 22, 2008

John met with the judge overseeing the case and opposing counsel in a hearing today after Heidi and her legal team filed a legal motion to remove the writ of attachment that has frozen Heidi’s assets.  The motion to remove the attachment was denied. 

 Still, there is work ahead!  John has sent a letter to current and potential class reps that I am including for download (just right-click and Save as).  In it, he states the following:

Here is a list of the items we need in order to continue the prosecution of our case:

1.) All Kimkins.com screenshots containing false testimonials by Kimmer;

2.) All Kimkins.com screenshots containing false testimonials by anyone other than Kimmer;

3.) All Kimkins.com screenshots wherein the use of laxatives was advised;

4.) Any and all rumors about the Kimkins diet advocated by Heidi Diaz or any of her alter egos (e.g., Jessica Alba lost weight on Kimkins);

5.) All instances wherein Heidi Diaz used an alter ego/another name to acquire assets;

6.) Any evidence implicating Delaney Deaver in engaging in fraudulent conduct or ratifying fraudulent conduct of Heidi Diaz;

7.) A copy of any letter, email, or any other document sent to Heidi Diaz/Kimkins.com complaining of an adverse event or injury as a result of the Kimkins diet.

 The rest of the letter can be downloaded via the following link:

Class Letter 032108

Any information that you have can be sent to me at kimkinslawsuit@yahoo.com or to John at jtiedt@tiedtlaw.com

The Latest From John

March 13, 2008

Here is a wrapup of the lawsuit so far that I am sure you will all enjoy from our attorney John Tiedt.

class-letter-031308.pdf

To Heidi, the Principals, my Fellow Duckies and all who are interested…

February 28, 2008

First of all, I’m angry.  So, this probably won’t carry the polite tone I try to keep in my normal, everyday interactions with everybody.  Forgive me now and let’s keep it moving.

I can’t thank the principals and others enough for being brave enough to put their names and faces on the fight against Kimkins and I can’t thank the Duck Squad (of which I am proud, card-carrying member!) enough for working hard and never letting up on revealing the lies and providing the information that has been needed to get this case off the ground. That being said, it has come to my attention that at least one of the principal representatives in the consumer fraud class action lawsuit against Kimkins.com and Heidi Diaz has been potentially scrutinized by Heidi and, possibly, her defense team.

I was well aware of the potential for this type of thing and did try to warn anyone who was interested in standing up against Heidi that this might be the case as the court proceedings progressed.  So, rest assured, none of us has gone into this with our eyes closed.

 Still, I have a few things to say.

Heidi, I understand that you are backed into a corner and are trying to strike out any way that you know how.  I can appreciate that.  But I also want to point out that you would not be in the corner you’re in if you hadn’t decided to scam us in the first place.

This lawsuit is not about you cleaning up your act and trying to establish a website and diet plan that follows the rules.  This lawsuit is not about you telling the truth after the fact.  This lawsuit is about the years of lies and web of deceit that you used to cheat desperate, overweight women out of millions of dollars.

I can empathize with the struggles you’ve had in your life and with the gratification that the adulation you received via weight loss messageboards over the last decade or so has provided for you and if you had stopped there, I would have nothing to say to you.  But you crossed a line when you used your lies and deceit to get my money and the money of other people like me.

You committed a crime and your main defense is to blame the victim.  A rape victim’s name can no longer be sullied simply because she wore a short skirt and was in the wrong place at the wrong time.  Neither can the name of any of us Principals be sullied simply because we chose the wrong diet at the wrong time. 

It doesn’t matter how many diets I’ve been on in the past.

It doesn’t matter how much weight I have gained and lost.

It doesn’t matter if my marriage failed.

It doesn’t matter if I have made poor life choices in the past.

It just doesn’t matter. 

Because I am not responsible for your actions.  You are. 

You lied to get money.  You committed consumer fraud in voilation of the business laws in the State and Country in which you reside and it is my intention to see you face litigation through the justice system.

My empathy and sympathy for you begins and ends back in 2005 when you decided to launch Kimkins.com.  You have had numerous opportunities to change the course of what is happening to you.  You made your choice.

John Tiedt informed me that my deposition will take place some time in the near future.  I can’t wait for it.  As you can see, I have plenty to say.

To the Principals, if anybody makes any contact with you, your friends or family in regards to Kimkins.com or Heidi Diaz, refer them to our attorney, John Tiedt.  And if you need anything from me, I am a phone call or email away.

Play nice.

Lawsuit Update

February 22, 2008

1) John Tiedt has now officially taken 2 depositions of Heidi Diaz.

2) John Tiedt has now officially taken 1 deposition of Brandon Diaz

3) We have learned that while Heidi Diaz was profiting from Kimkins through the Women’s World surge et al, she was also still accepting payments and income from SSDI and Medicare.

4) Heidi Diaz is still currently making money and still in business, however we have acquired new information that affirms the belief towards her concealment of assets.

5) We have uncovered evidence of more fraud and false advertising.

6) Brian Pugh is not an attorney, but he is an employee of Bert Cottle, and Brian formed Sharp Plumbing LLC, Halcyon Web LLC and the Beauchamp Trust for Heidi Diaz.  John Tiedt plans to complete a deposition of Brian Pugh in the near future.

7) Bert Cottle has filed a demurrer that we are confident will fail.  In addition, Bert Cottle has put in a motion to set aside the writ of attachment that is in place on Heidi Diaz’s assets.  It is entirely up to the judge and she will hand down her decision after she has reviewed all of the court documents on 3/21/2008.

Reject the Refund!

November 16, 2007

If Heidi attempts to send you a refund/has refunded you and you still want to participate in the lawsuit, reject the refund!

 Paypal payments can be returned; you can send the payment back to Heidi through PayPal. 

We can only bring Heidi Diaz to justice for her actions by continuing to work together!

Reject the Refund!

Download the Affidavit or Declaration Form

November 15, 2007

Here are the Form Affidavit and Form Declarations that need to be submitted to John Tiedt for inclusion in the Kimkins.com lawsuit.

form-declaration.doc 

form-affidavit.doc

If you are NOT a California resident, download the Form Affidavit, fill in your name, payment info, etc. and take the form to be notarized at your local bank, etc. prior to mailing.

If you are a California resident, download the Form Declaration, fill in your name, payment info, etc. and mail.

The forms go to:

Law Offices of John E. Tiedt
10370 Hemet Street, Suite 390
Riverside, California 92503

P.S.  Heidi (as Noelle) is in the midst of issuing refunds to those who want them.  Please send the money back through paypal or reject the refund and participate in the lawsuit!

Want to see Heidi come to justice?

November 13, 2007

In light of Kimmer’s recent admission that she is Heidi Diaz on the Kimkins website, I felt it would be a good time to reiterate that which I have said for a long time.

 Join the lawsuit. 

The more numbers behind us, the stronger we are.  We are still in need of class reps and every voice against this fraud counts.

Heidi has offered a refund to people who follow certain procedures on her website for the next three days.  Reject that offer.  It is time for Heidi to stand up in a court of law and for the honest truth to come out.  If you have requested a refund, when you receive it, send it back and join the lawsuit.

Heidi will only truly come to justice in a court of law.

To join, simply send your name, address, day and evening phone number, approximate join date and amount paid to Kimkins.com to kimkinslawsuit@yahoo.com.

How Kat Got Scammed

September 25, 2007

My Kimkins Journey:

I saw the Woman’s World article in June and joined immediately (about, June 4, 2007). I was not new to Low Carbing (had done it many, many years before) and this looked to me (from the article) like Atkins but less fat, etc. I was planning on starting Atkins the following week anyway.

I immediately hooked up with about 15 other women who had started at the same time. We started a thread called the June Bugs and checked in each day with each other and started to get to know one another.

Most of us did pretty well on the K/E diet version. Some had some problems with not feeling real well, etc. but we all basically ignored our symptoms as we were told it is all part of the SNATT (Simply Nauseous All the Time) and we would get into Ketosis quicker and lose weight quicker. 

Everyone was happy with pretty fast weight loss the first couple of weeks. I don’t know who was “tweaking” and who was not. (If any) 

About 3 weeks into the diet (June 25, 2007) someone asked about the pictures of Kimmer, and me being the big mouth that I am, I posted a thread with both pictures side-by-side and asked “Are These Both Kimmer?” It was a very innocent question as all of us women were wondering as they didn’t look the same person and we wanted to know what the person looked like we were following.

Well, I started to receive several posts about my asking this question and how “mean” of me to post it on a public web thread, etc., etc., etc. I even had Admin’s and Kimmer respond to it. I posted back that it was an innocent question. Kimmer told me there were other places I could go if I wanted to cause trouble asking this question for the 10,0000th time (or whatever). I told Kimmer if it caused so many problems she could delete the thread. Kimmer refused to answer my question and to remove the thread. (NOTE: The thread has since been removed.) One person did stand up for me and state that she did not think the question was asked to be mean.

Immediately, I and the other ladies started posting about the conflict on our new thread named Jewels (June 25-28, 2007). We just couldn’t understand the controversy. We also asked the girl who supported us to join our group.

A few Personal Messages were sent back a forth between myself and our elected “team captain” for the thread. Apparently, Kimmer read our PMs.

Not knowing at the time how Kimmer “knew” anything we said, Kimmer sent myself and the team captain a not so nice PM telling us she “moved” our thread, wasn’t happy with what we were saying in our thread and to stop and get back to losing weight. Through this correspondence, we realized that Kimmer had read our PMs to each other as she stated things we only said in them.

Realizing that this was not an “open forum” and nothing was “private”, we immediately decided to exchange e-mail address and we communicated that way. We soon found another site where we all could go and communicate and not be threatened and not have to worry about asking “innocent” questions in the quest of our losing weight and supporting each other. Up until this time, we all had been very supportive on the Kimkin’s site and always tried to help the Newbie’s.

After moving to our new site, several of us still went to the KK site but posted very little. I changed my logon also from “katinsac” to “tinklc”. I stayed in some challenge groups as they were a help to me to continue losing. However, as a couple of our girls started having some problems, we realized real soon how unsafe this Way of Eating really was. One of the ladies was sick for two weeks, several gained a lot of weight by just eating off plan for one meal and it took a week or two to loose that weight. We all moved on to different types of diets for each of us. During this time we discovered Low Carb Friends and saw all the controversy and “why” this was a bad way to eat. This explained some of the problems some of the girls were having. Some of us went back to KK and started to delete our posts which had personal information in them, etc.

After reading Becky’s Blog (littlebit), I then realized that it was Becky who had “mentioned” to Kimmer about our thread, etc. I/I do not blame Becky as she was always nice and helpful to all. I didn’t see Becky give out a lot of “bad” advice but I did see Kimmer doing it and others who “learned the Kimmer way” give out advice they had seen her give.

My own problems with the KK plan was…I found myself eating between 100 and 300 cals a day due to the “don’t eat if not hungry” advice. It was nice not being hungry and the weight did come off pretty fast, however, I did tweek the K/E plan a little with bacon and spam. It was difficult when I stopped and tried to “up” my calories again too. To this day I still feel “weird” eating more. I also have noticed I am loosing more hair than usual when I brush my hair. I followed that plan for two months and now see why my hair is thinning.

To this day I have not been banned (yet) (9/11/2007). I thought for sure I’d get banned responding to Becky’s blog but haven’t. But, I’ve heard Kimmer has been trying to “clean up her act” also. The other reason may be that I changed my name right after our incident and maybe she hasn’t found me yet. I also don’t post often other than the weight loss challenge, just read what is going on.

As of 9/18/2007 I AM BANNED! I had made a comment on the “Kimmer Chatter” thread, where I “thought” we could say things about the controversy, but I guess not. My comment was deleted. I went back and asked why as it was not a “bad” comment and a new Admin chewed myself and another person out. She basically said if we didn’t like it there we could leave. Well, we both have been banned.

I do feel that this way of eating is unhealthy. I do feel that Kimmer took advantage of everyone just for the money. I do feel that Kimmer is a fraud. I know that Kimmer DID NOT loose the weight she claims to have. I do know that the pictures of Kimmer and most of the Before and After’s are not real. Need I go on? I feel this women’s site needs to be shut down to protect the innocent and this women needs to be accountable for what she has done. It is too bad that the information will always be able to be found by some unsuspecting person and I’m afraid of the harm. I’m sure someone has already been harmed but the problem with the Internet is….we will never know…they will just disappear.

Were you scammed by the Kimkins.com website?  Share your story at kimkinslawsuit@yahoo.com

And don’t forget to join the lawsuit!


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