Grandma Bullied & Sued For Her Name
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Case history @ www.Heidi-Powell.com or www.iamHeidiPowell.com
This page remains active to make sure there is a public record of what Heidi Powell & Chris Powell of Extreme Makeover Weight Loss did to us. Please BEWARE of this couple.
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MY DOMAIN HAS BEEN TAKEN - FIND THE ORIGINAL WEBSITE AND
INFORMATION ABOUT THIS CASE USING EITHER OF THESE LINKS;
www.Heidi-Powell.com
Or
www.iamHeidiPowell.com
Please also see 'UPDATES" on green updates link right above this.
September 11, 2017
MOTION FOR TEMPORARY RESTRAINING ORDER/STAY PENDING APPEAL DENIED
I am more than saddened to tell you all that we have reached the end of this long road today. It will be 14 months on Wednesday that we have been fighting this fight for the right to keep my name.
We can't appeal without the stay or a bond to stop the sale while appealing because once the name is sold it can not be saved, even if we win on appeal.
Money in the hands of people with no values won today.
September 4, 2017
MOTION FOR TEMPORARY RESTRAINING ORDER/STAY PENDING APPEAL FILED WITH DISTRICT COURT
Our attorneys Henry, DeGraaff & McCormick, PS, filed an emergency motion for a restraining order to stop the sale while pending an appeal with the district court. The trustee replied with an objection, of course which is pretty much a repeat of his last objection.
The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code.
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We have a new attorney, Jacob DeGraaff, who is motioning for a stay pending appeal.
We are fighting not only for my right to keep my name, and protection of my privacy rights but for the rights of all domain owners who are faced with frivolous lawsuits over rightfully owned names, fighting against trademark bullies who sue to get what they want and for the rights of private parties who go through a bankruptcy. If we allow this to happen, the taking of a person's own name which is being used as their online identity , their email address and key to account logins, for over a decade then we are allowing the bankruptcy court to legalize identity theft to the highest bidder, giving away the rights to our privacy and the privacy of others who have communicated with us in confidence.
We need your help! Please help us protect our rights and the rights of others.
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August 16, 2017
Court Filing - ORDER Granting Allowing Debtor's Motion Stay To Be Heard Pending Appeal
Hearing date is set for 8/22/2017 at 02:00 PM
Judge Barreca's Courtroom, U.S. Courthouse,
Room 7106, 700 Stewart St, Seattle, WA 98101
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August 15, 2017
Court Filing
Notice to Court of Intent to Argue. Date of Hearing: 8/22/2017. Filed by Jacob D DeGraaff on behalf of Heidi Powell, Kent Douglas Powell.
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August 15, 2017
Court Filing
Debtor's Motion Stay Pending Appeal of Order Authorizing Sale of Domain Name and The Related Contract Rights.
Hearing date is set for 8/22/2017 at 02:00 PM
Judge Barreca's Courtroom,
U.S. Courthouse, Room 7106
700 Stewart St, Seattle, WA 98101, USA
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August 14, 2017
Court Filing
Withdrawal and Substitution of Attorney Jacob DeGraaff to represent us. Involvement of Thomas Lester terminated.
UPDATE May 4, 2017
$561 ❤️ generously donated by Angela St. Julien from her DNHouston dinner cruise ticket sales! Thank you so much Angela! We are overwhelmed by your grace and generosity. Thank you for the interview as well.
www.dnhouston.com
Blessings to you always ~ Heidi & Kent
UPDATE APRIL 22, 2017
www.dnhouston.com - Angela St. Julian
April 28th dinner cruise around Clear Lake, the Kemah Boardwalk and Galveston Bay. 7:00 p.m. – 10:00p.m.
All of the proceeds are going to the
Heidi Powell GoFundMe campaign.
Thank you Angela! You are a true Angel ❤️
A Chat with Heidi Powell & Angela St. Julien - Click Here
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Divine Intervention
Do you know Arizona Heidi Powell personally? Calling all that know her personally to please speak with her and tell her...
"It's not too late to do the right thing, to have a change of heart. We Believe in kindness and forgiveness. In the end it's all that matters. Being kind is not a weakness. Showing compassion is a strength. Temptation to take something that is not yours is weakness. Giving is strength. Only the strongest of people can admit when they are wrong. Money can't buy that. Please be strong. Please show your strength. Please do this for you." Tell her that you and I have faith she can be brave and make the right choice.
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UPDATE MARCH 27, 2017
Two rulings were made by the judge on March 22nd.
1. Our exemption is allowed.
2. Trustee is allowed to change his motion.
The decision on whether my domain name is property of the estate is still to be determined.
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March 8 hearing has been continued to March 22
Feb. 23, 2017 UPDATE
There is some good news to report and some upsetting news.
The good news is that last night the Arizona federal court dismissed with prejudice Arizona Heidi’s cybersquatting claims against us, which means that they cannot be asserted again in the future. This is the outcome we expected to happen within the first few weeks after she filed the suit against us. I have to say, it’s been an exhausting and emotional seven months trying to make this happen. We are very relieved that it’s over.
The bad news is, we are having to continue fighting for my name as Arizona Heidi is continuing the attempt to steal it though the bankruptcy court. As you know she caused our released bankruptcy from 2012 to be reopened by offering the trustee $10,000 if he would re-open it, take my name and sell it to her.
After attending the first bankruptcy hearing we had great news that the trustee had filed a motion with the court and we would be retaining my name. That motion is public & can be looked up (dated Dec. 30th) ...in a nutshell the trustee said "it is unclear whether the domain name is an asset of the bankruptcy estate. It is unclear whether Debtors properly claimed the exemption in the domain name”. Even so, we filed an amended schedule and he allowed us to use $7,953 of unclaimed exemptions and make up the difference (of the $10,000) by giving him $2,047, the so called non-exempt portion. I delivered the money to our attorney’s office that day and we celebrated this the next day on New Years Eve.
The next hearing which we believed would sign & seal that motion was set for Jan. 25th. Sometime between Dec. 30th and Jan. 13th, on finding out the trustee was not selling her the name, Arizona Heidi’s attorney, called the trustee and said she would now pay him $20,000 instead of $10,000. The trustee then moved the next hearing date to March 11th (*correction, he moved the next hearing date to March 8th) to give himself time. The bad news happened yesterday as the trustee has yet again changed his mind by striking his own motion allowing us to keep my name and has filed a new motion saying he is now selling it to Arizona Heidi instead, for $20,000 this time.
My continued ownership of the domain name heidipowell.com, which is my name, I AM Heidi Powell, will come down to the bankruptcy court’s ruling.
We thank all of you who have supported and are still supporting us with kind words, prayers and donations. We have been able to apply $1,042.77 of what’s been donated so far to our bill with Tom Lester and are very grateful for this. We are still seeking monetary help as there remains a very large balance and that continues to grow until we no longer need to be defended.
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Jan. 22, 2017
My name is Heidi Powell and has been so since my marriage to Kent Powell in 1979. In 2005 my husband gave me the http://www.HeidiPowell.com domain name as an anniversary present, to use as my email address.
Another “Heidi Powell,” who didn’t become “Heidi Powell” until a few years ago, has tried to buy my domain name, several times over the last few years. Each time she was told the same thing “no the domain isn’t for sale”. When she was unable to purchase the domain she filed a cybersquatting lawsuit against us, making false claims regarding my usage of my name.
The cybersquatting claim has no merit and we believe the suit was filed as a way to bully and intimidate us into transferring ownership of my name to her, in order to avoid legal action. The action has a few names “Reverse Cybersquatting” or “Domain Name Hijacking”.
We are being defended in the cybersquatting case pro bono by David Weslow and Ari Meltzer of the “Wiley Rein Law Firm” of Washington DC. These are wonder people who care about justice and the rights of domain owners. The case is still in litigation.
It is bad enough that she would sue us under baseless claims, trying to bully me into giving it to her but what happened next is unconscionable! Before the cybersquatting case has even been decided, now she is attempting to steal it by taking advantage of a 2012 misfortune of ours, trying to use our old bankruptcy as a way to take the domain name. I'm afraid to ask what she will do next.
Her mean spirited and unjust actions have created a negative impact on our financial situation and will continue as long as this goes on. Although Wiley Rein is standing up for us pro bono, meaning we do not have to pay the tens of thousands of dollars their defense is costing, we now have acquired the ongoing cost of fighting her actions in the bankruptcy court, here in Washington State. We are in need of funds now to pay our bankruptcy attorney’s fees as well as court fees arising from the case.
Any amount of money donated that is over and beyond what we need to cover our bankruptcy costs and travel expenses to the Arizona court, will be donated to the ICA “Internet Commerce Association”, a non-profit advocating for the rights and interests of domain name owners and related service providers. http://www.internetcommerce.org/
Press coverage
USAToday
TV star Heidi Powell sues grandmother Heidi Powell over website
http://www.usatoday.com/story/life/nation-now/2016/09/23/tv-star-heidi-powell-sues-grandmother-heidi-powell-over-website/90916602
The Register
Narcissist Heidi Powell wants her dot-com and she wants it now, now, NOW!
http://www.theregister.co.uk/2016/09/27/narcissist_heidi_powell_wants_her_dotcom
Domain Name Wire
WTF: Heidi Powell files cybersquatting lawsuit against Heidi Powell over HeidiPowell.com
http://domainnamewire.com/2016/07/19/heidi-powell-lawsuit
Domain Name Wire
Reality star Heidi Powell wants to drop cybersquatting case, but lawyer says ‘not so fast’
http://domainnamewire.com/2016/09/19/reality-star-heidi-powell-wants-drop-cybersquatting-case-lawyer-says-not-fast
Filing Cybersquatting Complaints With No Actionable Claims - by Gerald M. Levine
http://www.circleid.com/posts/20160926_filing_cybersquatting_complaints_with_no_actionable_claims
December 19, 2016 - DN Journal - Ron Jackson
ICA's 1st Lonnie Borek Memorial Award Goes To Attorney David Weslow.
http://www.dnjournal.com/archive/lowdown/2016/dailyposts/20161219.htm
February 1, 2017 By John Colascione
Sometimes you just cannot have the domain you want
https://www.strategicrevenue.com/sometimes-you-just-cannot-have-the-com-name-you-want-now-move-on
February 6, 2017 - DN Journal - Ron Jackson
Somebody Bullied the Wrong Grandma - How Heidi Powell Became a Key Figure in the Fight for Domain Owner Rights
http://www.dnjournal.com/archive/lowdown/2017/dailyposts/20170206.htm
February 25, 2017 - By John Colascione
Domain Community Can Do "MuchBetter" To Help Heidi Powell keep heidipowell.com, raise awarness
https://www.strategicrevenue.com/domain-community-can-do-much-better-to-help-heidi-powell-keep-heidipowell-com-raise-awareness
April 25, 2017 - Angela St. Julien
DnHouston Stands By Heidi Powell
Learn More About Heidi Powell and Her Fight to Keep HeidiPowell.com
http://www.dnhouston.com/learn-more-about-heidi-powell-and-her-fight-to-keep-heidipowell-com/
Attorney David Weslow
http://www.wileyrein.com/professionals-DavidWeslow.html
Attorney Jacob DeGraaff
http://www.seattledebtlaw.com/about-us/jacob-degraaff
Attorney Tom Lester
http://lesterhyldahl.com/attorneys/tom-lester
We’d appreciate your support and prayers in any way you can offer. Thank you!
Whether you are able to donate or not we appreciate your support and spreading the word. ❤️️ Please share our campaign on Facebook, Twitter, Email and leave a comment below. We would love to hear what you think about our story ~ Thank you.
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