Mary Cummins sues Amanda Lollar, Bat World Sanctuary for libel, defamation

Mary Cummins of Animal Advocatessues Amanda Lollar, Bat World Sanctuary and John Does 1-10 for libel and defamation per se. Amanda Lollar, Bat World Sanctuary represented byStephen M. MacPhail of Bragg & KuluvaJudge Dolly M. Gee Case number 2:11-cv-08081-DMG-MANx.

Legal filings, evidence, court documents

Current Federal docket for this case

Link to Pacer docket for this case. You may have to sign in to Pacer to view it.

SUMMARY: I reported Amanda Lollar for animal cruelty, animal neglect, violations of the health code, Animal Welfare Act and other things. They were investigated. In retaliation and with malice Amanda Lollar, Bat World Sanctuary and John Does posted libel, libel per se, defamation, defamation per se on the Internet about me. They stated that Mary Cummins was a “convicted criminal,” “commits animal cruelty” besides other untrue things. They stated these same things in communications with government agencies. They were sent two cease and desist letters asking them to remove the libel, defamation. They refused. Mary Cummins then filed this suit against the parties to force them to remove false defamatory items and for damages. This page is posted to clear up the libel and defamation made by Amanda Lollar and John Does. I was also forced to sue them for personal injury I suffered at Bat World Sanctuary. That case information is here.

June 8, 2012: Amanda Lollar keeps libeling me. She just posted this, “Bat World Sanctuary. Thank you for your wonderful comments everyone! You are all fantastic. I should add that the claims of our building being “gutted,” that my “personal belongings” were “removed”, that we were evicted and chased out of town by the health department are completely fabricated by our harasser. The bottom part of the building is being remodeled by a new occupant and what was being carried out were garage sale items that we donated to a church. We were never contacted by the heath department or any city officials. All of the bats (and Norbert) are completely safe and sound just like they always have been. We will keep you posted as the trial progresses, that’s a promise!”

That is not the truth. Amanda Lollar stated that my claims to the health dept caused her to leave town. This isin writing and part of her lawsuit. The health dept has complained about her for YEARS! The City has written up the building numerous times. The building was gutted and cleaned by the new owner. Her personal belongings were removed as per the City Manager. I never said she was evicted. She sold the building January 2012. She was indeed contacted by the health dept and city officials many times. Norbert lives behind the building on Oak, not the one on 1st St. Delusional! The one good thing is that I can now use her Facebook post to “prove” she wasn’t(?) “kicked out by the health department.” I can’t wait for trial.

Here are the emails about Amanda Lollar being forced out of town and her building had to be gutted. Here are the emails. If the building was so bad that it had to be gutted, why didn’t Texas Parks and Wildlife Department do something about it? There were 30,000-50,000 bats in there. Seems one of the people who complained was directly next door at 113. She runs an art gallery. I can’t imagine how horrible that must have been next to the smelly sanctuary. Plus, that is where the toddler was bitten by a rabid bat. I doubt the gallery owner wants her patrons to get rabies just from visiting her store. Thank you, gallery owner for reporting her.

June 6, 2012: I properly served subpoenas on various parties. I received most of the results already. I am waiting for more. Amanda Lollar’s attorney wants to quash the subpoena as it relates to his client Amanda Lollar and possibly her “friends.” I know that Amanda Lollar is some of the user names I requested. I’m pretty sure she is some of the others. Is Amanda Lollar embarrassed that she got caught posting disgusting false things about me? Is she telling her lawyer that her “friends” posted those things when she actually did? Is she lying and saying she posted those things when her friends posted them so she can get free legal aide for her friends? Her D&O insurance is paying for legal representation for Amanda Lollar and Bat World. Is she lying to her attorney to avoid her own embarrassment or to get him to help her friends for free? Time will tell. I will fight any motions to quash. This is not freedom of speech. It is libel per se. I believe Amanda Lollar is the author of the blog thecyberstalker. The lone post was made August 11, 2011 yet it talks about things that happened in my depo which was August 25, 2011. It even has a video of my depo that was posted after my depo. Someone predated this blog to make it seem that the false items were on this blog and Amanda Lollar just repeated what she saw. It’s word for word what she said in my depo, in her depo, her sites, guidestar, an article she admitted to writing/posting and other sources. I believe she is the author. Soon I will have proof.

June 4, 2012: Docket updated. Judge has taken motion under submission. MINUTES OF Motion Hearing held before Judge Dolly M. Geetaking under submission 30 Motion for TRO; taking under submission 30 Motion for Preliminary Injunction; taking under submission 30 Motion for Permanent Injunction. Written order will issue.Court Reporter: Anne Kielwasser. (rrey) (Entered: 06/04/2012)

June 1, 2012: In Federal court in CA today Judge Dolly M. Gee stated that Defendants’ name calling was paraphrased childish, juvenile, something a five year old would do. She looked at Lollar’s attorney and said paraphrased “this should be settled in mediation by an adult.” I cannot get an injunction on John Does in Federal court. I have to list their names. I will refile on the John Does, aka Rebecca Dmytryk, Amanda Lollar… Lollar’s CA attorney stated they have and will remove libelous posts, comments Lollar made. Lollar lied to her attorney. He said I was only at Bat World 4-7 days. I was there ten days. He said the authorities cleared her of all wrong doing. Definitely not true. He said she removed the libel when I first asked. She did not. She still continued to send it around. Judge took it under submission.

May 22, 2012: Waiting for the results of a couple more subpoenas. I will then amend the complaint and add the John Doe defendants. Rebecca Dmytryk of WildRescue and Suzy Heck of Heck Haven are two of the John Does. While I’m pretty sure I know who the other John Does are I need independent third party verification first. I don’t want to have to amend the complaint again.

May 18, 2012: Was going through Amanda Lollar of Bat World Sanctuary’s deposition April 6 2012 to prepare for my upcoming trial in Texas. I found some gems in there. I’m so shocked that Amanda Lollar has no problem perjuring herself like this. She can’t even remember what she said in her last deposition. She completely contradicts herself. Everything she denies in this depo she admitted to her in previous depo.

Here I asked her to read through a post with comments and to circle what comments she made. She starts ranting on and on about defamation against herself instead.

Q I’m only asking you to tell me which comments you made.

A I’m trying to go through it. I have to speak out loud to go through it so I can understand.

Q You can’t think without speaking out loud?

A No, I can’t.

Normal people can read or think without speaking out loud. Below I asked her why she loaded up videos of my deposition and then put ads on them. That is of course illegal. I signed no model’s release or release of any kind.

Q Why do you have ads on the videos?

A Because the money goes into Bat World Sanctuary’s account because you defamed us so badly and we lost so much money that we need to make money in any form to stay afloat.

I can now say this the Judge ruled. She made $95K or so in 2010. She made $170K or so in 2011. She’s made at least $50K in 2012 minimum so far. She’s making more money than ever before. She told me she was about to go under when I first met her. Always the lying sob story. Below she states I did not do any of my duties as an intern. I fed baby bats and cleaned from 7:00 to past midnight ever day. In the end there we started at 6:30 a.m. I sure as hell did my duties and then some.

A. you failed to do any of your duties during the internship

Below I ask her about the things she previously admitted to saying in her November 8, 2011 deposition. She denies it all here.

Q Did you ever post that I was a convicted criminal?

A No.

Q Did you ever tell anyone that I was a convicted criminal?

A No.

Q Do you have any proof that I am a convicted criminal?

A No.

Q Did you ever post or state that I hacked into your website?

A No.

Q Did you ever state that I hacked into your e-mail address book?

A No.

Q Did you post or tell anyone that I’m a cybersquatter?

A No.

Amanda Lollar of Bat World Sanctuary has no credibility whatsoever. She thinks she can just lie under oath, in court, in deposition.

It’s possible our filings will be appropriate for decision without oral argument. My motion for temporary injunction and Defendants’ objection could be taken under submission and the hearing vacated. I am prepared to physically attend the hearing and present. The Judge should notify us in writing and via Pacer email if she decides to do this. I will call the court coordinator few days before the hearing.

May 16, 2012: Defendant Amanda Lollar and Bat World Sanctuary want this page deleted. They stated it is a violation of their temporary injunction. I just went through the injunction again with a fine tooth comb. I have not reposted the photos or videos. I didn’t repost the articles or content of other links. I actually don’t even know what was in some of those links as they were taken down before I ever saw them. Judge Bonnie Sudderth has not yet ruled on their motions to amend the temporary injunction to add more links.

Documents just showed up online. That was fast. Here is just the first part of my reply to Defendants’ opposition to my temporary injunction.The Exhibits are huge. You can see the beginning of the replies to my subpoenas. Amanda Lollar and Rebecca Dmytryk so far. More to come.

Stephen MacPhail couldn’t file the document for me legally. Here it is. I went downtown and filed it along with my reply to Defendants’ opposition to my motion for temporary injunction. My reply was only seven pages but there were a ton of exhibits.

May 15, 2012: Amanda Lollar finally admitted that she wrote those articles in houston.indymedia.org She admitted to writing and posting these items. I signed my notice of withdraw of motion to compel. Attorney Stephen MacPhail was kind enough to digitally file it for me. Pro se’s can’t file digitally. If I were to file it by mail, it wouldn’t end up filed until right before the hearing date. MacPhail would have had to just hope that I really sent it in so it’s in his best interest to file it for me.

I saw on TMZ that Chubb Insurance settled their lawsuit with Bret Michaels. That means they paid him because they believed he had a true claim. They would have ended up paying more if it went to trial. MacPhail won’t be quite as busy now though I’m sure his boss will probably give him a ton more work. He will have a ton more work once he receives my latest response to his opposition to my motion for temporary injunction. Motion is short but exhibits are about 150 pages.

May 12, 2012: Defendants have filed an opposition to my motion for temporary injunction. I have just written a response. I will confer with Stephen MacPhail before I file it. He may want to retract his affidavit and edit his opposition. I will give him time to do this.

While I was writing this document I went looking for more evidence. In Amanda Lollar’s April 6, 2012 deposition she stated she did not write that I was a “convicted criminal.” Of course in her November 8, 2011 deposition she admitted that she did write that post. Lying under oath is perjury. Anyway I just found more proof that she did indeed post that to her group. A robot reposted the post here, Board reader post. Obviously a robot is not going to lie or edit the post. Big deal Amanda Lollar supposedly removed the post and made her group private. Her statement is still on the Internet. I will be adding this website to the injunction order. UPDATE: Just got this removed by contacting boardreader. It will take me a few days to remove her other posts.

Just did even more research. Fortunately I have been saving copies of Defendants’ blogs and websites every few months. I just compared their current blogs and websites to older ones. My printer prints out a time/date stamp on the upper right hand corner of the document. I save a pdf which also has a digital date of when the file was made. Defendants know they are libeling and defaming me. They have changed the dates of the blogs and posts to make it seem they were made over five to six years ago. They were actually made within the last year. The dates of the blog posts have been altered. They did this after I sued them because they know that defamation has a one year statute of limitations. They are trying to be sneaky. One can’t tell when a blog post was actually made by looking at the date on the blog. My print-outs with time/date stamp tell the correct date.

May 8, 2012: Just received the results of some of my subpoenas. The John Does are Rebecca Dmytryk of WildRescue and Amanda Lollar of Bat World Sanctuary. More John Does to be unveiled soon. You write a false and totally defamatory review on GreatNonProfits.org and Guidestar and you will be sued.

I will file a notice to withdraw my motion to compel after I have made sure that Defendants gave me the documents I requested. I’m busy with the Texas case so it’ll have to wait until I get back. I did ready the notice.Here it is.

May 2, 2012: Just filed a motion for temporary and permanent injunction against Defendants here. I also filed a six page memorandum in support of my TRO with 11 exhibits of their horrible defamation and libel per se. Defendants have posted the most outrageous, false and deplorable things about me and admitted to same under oath. Hearing is set for June 1, 2012 at 9:30 a.m. in court room 7. Judge Dolly M. Gee will be presiding.

I have prepared a notice to withdraw my motion to compel discovery but will not be filing it until I get the requested documents.

April 24, 2012: Good news! Bat World Sanctuary has $1,000,000 in liability insurance. Attorney finally gave me the insurance page. He said he was just out of town. I will withdraw my motion to compel when he hands over the other items.

My motion to compel just showed up online. Here it is.

In other news I was able to get Rebecca Dmytryk and Amanda Lollar’s defamation and libel removed from my Guidestar account for Animal Advocates.

Seems Stephen MacPhail is representing the Tony Awards as a defendant in the lawsuit Bret Michaels vs Tony Awards. I think this has to do with Bret being hit on the head with the curtain. The case was filed in NY in Federal Court due to diversity. As far as I can tell this is the only case he is currently handling that is out of state. It’s a pretty big case so I could see how he could be busy. After watching the video of Bret being hit on the head by the curtain I think the insurance company should just settle. I will say that Bret’s cowboy hat is the reason he could not see the curtain coming down above him. That is how I hit my head at Bat World. I was wearing a hair net with a head lamp. It’s like wearing a baseball or cowboy hat. You can’t see above you. The other two people left the stage earlier and weren’t wearing hats. Bret likes to pull his hat way down low in the front. Then you really can’t see above you or even in front of you that well. Still.

April 19, 2012: Spoke with the Judge’s court coordinator. She instructed me to file my motion to compel. Editing it now. Will drive it down shortly. Here it is.

Just filed my motion to compel. We have a hearing date for May 22, 2012 at 10:00 a.m. in room 580. Hopefully Amanda Lollar will just give me the documents before then. If Stephen MacPhail was indeed going to give me the docs in just a few days, filing this motion was a big waste. Of course maybe they had no intention of giving me the docs without my filing this motion.

Guess how many times Amanda Lollar said “I don’t recall” in her deposition? 94 times. Guess how many times she said “I don’t remember?” 34 times. Amanda Lollar said “I don’t recall” or “I don’t remember” 128 times in her deposition. Not a reliable witness at all.

Received Amanda Lollar’s deposition transcript last night. I will start posting her perjury and other info here. First I will post what Amanda Lollar said about her memory. I asked her “This is a legitimate question. Do you have any physical reason that would affect your ability to recall?” to which she responded “I can’t remember every post I made two months ago or even last week much less six months ago or a year or two years ago.” Mind you I was asking her about very recent posts she made about me within the last two weeks. “I don’t recall” was her most common answer. She doesn’t seem to recall anything. I tried to ask this same question in her Texas depo but Randy Turner would not let me ask it. Amanda Lollar has basically admitted under oath that she is not a credible witness.

More perjury during Amanda Lollar’s deposition. It was mind boggling. She lied about making a libelous review about me on Guide Star then finally admitted to it. She then lied about making the post calling me a “criminal.”Here are a few pages from the transcript. I guess because she’s getting away with lying in the Texas case she feels she can just continue to lie like crazy in California.

April 18, 2012: Two days later and still no docs. Time to call the Judge.

April 16, 2012: Stephen MacPhail did indeed call and again promised to give me the documents within the next couple of days. Seems he’s been sick, busy and is now out of state. We shall see if I get these docs. If not, I call the Judge then file the motion to compel.

This is ironic! During Amanda Lollar’s deposition she refused to touch a pen I handed to her. She refused to touch the exhibits I handed to her except with the tip of her finger. She did this just to be snotty. She’s the one who handles rabid bats with her bare hands. I’m the one who should have been worried. Anyway she ended up having a cold which she gave to a volunteer and probably her attorney. Had she touched my pen and exhibits I might have also gotten it. Reverse karma!

Lots of activity in the Texas lawsuit. Her Texas attorney Randy Turner started papering me to death again. Motion after motion to which I am replying and filing my own motions. I bet the Judge will call him on it after her warning.

April 13, 2012: I requested discovery documents February 14, 2012. March 22 defendants belatedly responded to my discovery requests with objections and only a handful of documents. I had a “meet and confer” with Stephen MacPhail. He promised to give me the items but did not. At Amanda Lollar’s deposition I again asked for the items and he stated he would give them to me but didn’t. He stated he was extremely busy which he is. I asked twice more in email and again, no documents. I give up. I’m filing a motion to compel Monday morning. Here it is. I sent Stephen MacPhail an email with the motion and also left a phone message. I will also call the discovery Judge and see if she can work this out for us. I also had to file a motion for contempt against Amanda Lollar in the Texas case because she refused to turn over her financials properly. I believe she has no financial damages which is why she is refusing to turn over these documents.

During Amanda Lollar’s deposition I asked Lollar if she requested certain documents. She said “no.” I then asked her attorney if he is the one who requested them. He said “yes.” I was asked some crazy things in admissions. Here are defendants’ admissions. Seems like a waste of a document. Of course I will answer “no” to all which I did. Crazy admissions. Here are two of the admissions. “REQUEST NO. 36: Admit that YOU have pornographic photographs of YOURSELF. REQUEST NO. 37: Admit that YOU have posted pornographic photographs of YOURSELF on the Internet.” Why would Amanda Lollar ask for this? Why is she interested in pornographic photographs of me? Did she ask about nudie pics of me or did her attorney? I find it hard to believe he’d make that request. What would nudie pics of me have to do with her libeling and defaming me? Not unless someone took pics of me naked when I was asleep, there are no nudie pics of me.

April 11, 2012: I’m reviewing Amanda Lollar’s deposition video. I put a little star next to her statements which are lies. My notes are full of stars. I swear if her deposition were a drinking game and I had to drink a shot every time she lied, I’d die of alcohol poisoning within the first few minutes of her testimony. She keeps contradicting her own discovery, admissions and interrogatories besides the evidence. I asked her if she ever posted on the Facebook page “Animal Advocates and the Truth.” She said “no.” I then showed her a page which shows that both her user names “Lorraine Kurtz” and “Bat World Sanctuary” posted on the page. Then she finally admits to it. I re-read her admissions, interrogatories and discovery responses. She swore to them under oath. She perjured herself in her own documents and in her deposition. I am 100% positive that her attorney instructed her to tell the truth. For the life of me I don’t understand why she would not follow her attorney’s orders. They are for her own good. I would not ask her questions if I didn’t already know the correct answer.

Amanda Lollar admits to receiving my May 11, 2011 email to Randy Turner telling her to cease and desist from posting libel about me. I copy/pasted the exact post in the email. Amanda Lollar claimed the email stated “it appears she has a criminal record.” It does not say “it appears she also has a criminal record.” It says “Re: Mary Cummins Yes, she also has a criminal record.” In the email I even attached a pdf copy of the exact post. The print is dated May 10, 2011. How can she deny this in her deposition and discovery responses?

Amanda Lollar stated “I never posted a review of your organization or about you on Guidestar in any way shape or form. I have never posted to guidestar about you or your organization.” I asked again “Have you ever made any review or comment on guidestar?” She said “no.” I then showed her a comment posted on Guidestar by user “sanctuary.” She finally admits that she made that post, “this comment was made in reference to a horrible review you wrote, you posted false and malicious, defamatory, so, yes I posted a defense.” First she said she never posted about me on Guidestar, had never posted on Guidestar then finally she “recalls” she did post about me on Guidestar. Here is her review which she finally admitted she posted which is defamatory, “sanctuary wrote: March 20, 2012 Ms. Cummins left our internship as a disgruntled intern, has been harassing our organization for two years, and was recently charged with criminal contempt of court. Please see the following link for more information on our case, including videos of her court ordered deposition, where she admits to being involved in over 20 lawsuits and being sued four times for defamation. http://www.bat*** http://www.bat*** http://www.you****” I haven’t even known her group for twy years, was NEVER charged with criminal contempt of court. My depo was not “court ordered.” I did not admit to being involve din over 20 lawsuits in my depo. Her depo is littered with these contradictions.

Here is the post that she was responding to on Guidestar. There is nothing defamatory or horrible in here at all. “I was an intern at Bat World Sanctuary in 2010. I witnessed animal cruelty and neglect. Bats died. I reported Amanda Lollar to the authorities. My reports included photographic evidence besides videos. In retaliation Amanda Lollar sued me for defamation. Since then she has libeled and defamed me and my organization. I was forced to sue her in Federal court. http://www.prweb.com/releases/2011/10/prweb8891635.htm I would advise anyone considering donating to search Amanda Lollar and Bat World Sanctuary on the internet. If I knew then what I know now, I never would have interned at Bat World Sanctuary. She has not gone past the ninth grade, has never taken a class in animal care, is not a veterinarian yet performs surgery on bats. More information about the litigation go here http://www.animaladvocates.us/batWorldLawsuit

April 10, 2012: My index page has now gone down six times in the last two days. I thought perhaps it was my cat but no, not this time. I will now save a copy to my desktop every time I update. Fortunately I saved items earlier. I will upload tomorrow.

Amanda Lollar of Bat World Sanctuary commits perjury in her deposition. Page 10 of her Texas deposition lines 3-9

Q. What is the last year of schooling that you actually finished?

A. Tenth grade.

Q. Why didn’t you finish 11th and 12th?

A. Because I wanted to go onto other things.

Q. Such as?

A. Such as, just life.

From her April 6, 2012 CA deposition.

47:00 minutes into deposition video.

Q. What is the last grade of school that you finished?

A. Ninth.

Q. (Pause as I sit there in disbelief) Do you remember in your November 8th deposition that you stated the last grade you finished was the tenth?

A. I said the last grade I “attended” was the tenth.

Q. I believe it was “finished” but i’ll look at the…

A. As I stated I have a GED which is the same thing as a high school diploma. I had family issues and other things that I needed to deal with.

Q. Do you remember you stated you just wanted to “get on with life?”

A. Ya, I do. (Selective memory)

From her TX deposition.

Page 91 of the same deposition. She ADMITS to writing that post stating that I’m a criminal. Pg 91 lines 13-25. Pg 94 lines

Q. (BY MS. CUMMINS) This is Exhibit 22. Can you tell me what that is?

A. It is a post made to my list serve.

Q. Did you make that post?

A. I can’t tell who made it.  Yeah, it says Bat World Sanctuary, so, yes, I made it.

Q. Could you please read that?

A. It says: Yes, she also has a criminal record. Other lawsuits involve cyber squatting, And it lists case number and several different legal — Court 1484EA, PC PTY theft, ACQ credit card W/O cons. Another one says forged name on credit card, another one says theft by forgery, invalid credit card. Another one that says theft of property which she lost via default judgment. And then it says FA Beverly Hills, Incorporated versus Mary Cummins, ET, neighbor dispute which she promptly settled, and defamation, which plaintiff abandoned because they were able to get rid of her defamation. She also goes by Mary Cummins, Mary Cummins Cobb, and Mary Katherine Cummins, and sometimes her name shows up as Mary Cummings. She has used the same e-mail for years. She has hundreds of aliases she uses, as well. Right now she’s encouraging her Facebook friends to repost the videos and defamation I’ve managed to get removed. These are the same items she was ordered to remove by the court, so she is now in contempt. She either thinks she’s above the law or that she will never — or that it will never catch up to her. She typically bullies and harasses her victims into giving up, but that’s not going to work for her this time around. Thank you, Debbie, for your words of encouragement on our blog. That really means a lot to us.

Q. Can you hand that back to me.

A. (Witness complies.)

In her CA depo she stated she did not write that. I handed her the exact same document. No credibility whatsoever. She committed perjury. I handed Lollar items from the discovery she provided to me. Right in front of her I ripped the papers out of the small stapled stack that her attorney gave to me the previous morning. I handed them to her and asked her if she wrote, posted those. She said “no.” I then told her they were her own discovery items. She said they were not. She said I must have “fabricated them over night.” Her attorney seemed shocked. Under oath she denied admitting to writing items she gave me in discovery. There is nothing her attorney can do if she wants to dig a hole for herself. He did try to cover for her with a story about documents referencing posts. I clearly asked for all posts or comments she made about me in my request number seven. I asked Amanda Lollar why she wanted the emails between me and Randy Turner and me and Stephen MacPhail. Her attorney again tried to cover for her by saying he made the discovery request. I asked him why he’d want his own emails. He said in case he deleted some. Again, trying to cover for her. Why would he want the emails between me and Randy Turner? Obviously Lollar requested them. At least her attorney was polite and professional.

I asked Amanda Lollar in discovery if she had a Blogger user name. She said no. I asked her again in her depo and she said no. I asked her if she was Blogger user “A. Lollar.” She said no. She said she may have had a Blogger user name a long time ago when she made a post about a friend. I then showed her an item from her discovery which she admitted to posting. It was a comment by Blogger user A. Lollar. After hemming and hawing she finally admitted that she posted that but she said “it’s not a Blogger user name. I didn’t post on a blog.” It most certainly is a Blogger user name. She posted on a blog and admitted to it in discovery. Then she said it is an old account which is no longer active. The account was started May 2011 and is still active. Here is the blog in question. You can see her post there. Lollar’s lies are truly amazing. I pity her attorney. I can only imagine the lies she’s told her attorney about me and her.

Amanda Lollar had a nasty attitude during her deposition. She would roll her eyes, make “mean girl” faces, refused to touch my pen which I handed to her, did not want to hand documents back to me. I would hand the exhibit first to her attorney then he’d hand it to her. Then I’d ask her to hand it back to me. She would sometimes barely flick the paper back to me. One time she only moved it an inch toward me leaving it out of reach. I said “come on!” then fortunately her attorney slid it toward me. Lollar is lacking in basic social skills. Quite a few members of Bat World have told me the same. I’m sure dropping out of high school is probably one of the causes or perhaps her social awkwardness is the reason she dropped out of high school.

April 5, 2012: I was deposed. It was videotaped. I did not give permission for the video to be publicly shared or posted. It can only be used for legal reasons in this case. Lollar’s attorney Stephen MacPhail was polite and professional. He thankfully did not ask any harassing questions. I would have objected. He did ask about my injury. I objected because it’s not related to this case. He asked if I was going to sue for that claim in this case. I said no. I am under the assumption I must sue in TX. If I can sue here in CA, then I’d much rather do that. I will look into this.

March 26, 2012: Summary of our telephonic hearing was just posted. I love Federal court. Here it is. I was trying to figure out how to order the actual hearing minutes but couldn’t figure it out yet. I think my computer is not compatible with the court’s website. This summary is good enough. I was the one who asked for the telephonic hearing. The only mistake I see is that the minutes say Stephen MacPhail represents “defendants.” He only represents Amanda Lollar, Bat World Sanctuary and he clearly stated this in the hearing. When I add Rebecca Dmytryk of California, Suzy Heck of Louisiana and the rest they will all be on their own. They will need to hire their own lawyers. A normal retainer would be $10,000. They will probably go through that within two months. It will cost them $100,000 to go to trial. The Judge has stated that Lollar will be deposed April 6. I will be deposed April 5.

March 25, 2012: Amanda Lollar has been busy making more defamatory and libelous websites about me. I saved copies of all. She refers to me as the “individual” then links the word “individual” to my website. Legally she is still referring to me. I wish her lawyer Stephen MacPhail would teach her a little bit about the law and tell her to knock it off. He obviously has absolutely no control over his client. I’m amazed that uneducated Amanda Lollar is telling her educated, experienced lawyers what to do. I wonder if her Los Angeles lawyer Stephen MacPhail will ask me ridiculous, unrelated, harassing questions in my upcoming depo like her Texas attorney did.

March 23, 2012: How many documents did I give to Defendants in their discovery requests? 578 items. How many documents did they give to me? 0, zero, zilch, nada. Our requests were almost identical yet I got zero documents.

Just read through Amanda Lollar and Bat World Sanctuary’s discovery responses again. They made some mistakes. I also think Amanda Lollar wrote some of it. She pretended not to understand a question. She responded that she and others have info about defamation I posted about them. This case is about defamation she posted about me. I phrased the question property. A few sentences just cut off mid-sentence. I’m sure Stephen MacPhail was perhaps in a rush and tired.

Amanda Lollar did admit to posting in raisethefish, indymedia, indybay, care2, amandalollar, batworld…about me. She still had the nerve to say she never posted that I was a “convicted criminal.” She posted, reposted, shared, emailed that to others. She admitted that she posted it in her deposition. I’ll post more of her ridiculous discovery later. She requested tons of documents from me which I spent days preparing and I gave to her. I requested almost identical documents. She objected saying it would be too much work and there’s nothing discoverable in there. This is what makes me so pissed. She and her attorney have a lot of nerve to reply in this manner after they requested similar documents which I then gave to them. I should have waited for her discovery response before I even sent mine out. I would have used the same objections then we both could have wasted time filing motions to compel. I can ask for more discovery until July.

Received “discovery” later last night. I basically got a list of objections and lies. Here we go again. Glad I started on my motion to compel. Amanda Lollar is now denying that she wrote/posted some things about me which she admitted to under oath at her own deposition. I don’t know if she’s lying to her attorney or if her attorney is instructing her to lie to me. She repeated this same statement a few times in writing. There is no denying it.

I realized last night what attorney Stephen MacPhail may have meant by an address being confidential. In my notice of deposition of Amanda Lollar I included her address. That is of course public as it’s on her website. Perhaps he did not know that. I think attorney Stephen MacPhail may think all documents in this case are confidential. That is not true. He asked me to sign a confidentiality agreement February 2, 2012. There was a place for me to sign it, Stephen MacPhail and the Judge. I told Stephen MacPhail that I would not sign an agreement between me and him. Amanda Lollar would have to sign it. Big deal Stephen MacPhail signs it. He has no control over his client. Amanda Lollar would not have to abide by something signed by someone else. I told him he’d have to change it. He never did. I never signed any confidentiality agreement.

March 22, 2012: I gave Stephen MacPhail and his client Amanda Lollar of Bat World Sanctuary an extra week for discovery. I didn’t have to give them extra time. They still have not given me discovery. I can only hope it’s because they gave me all the documents I requested. If they spent the last 37 days writing objections, I will not be happy. I gave them everything they asked for except things they already had or could get elsewhere. I will need to give them a supplement to discovery as items come in. I will start writing my motion to compel right now.

March 20, 2012: UPDATE: Amanda Lollar really believes she is better than everyone. She had the nerve to ask me to inconvenience myself to convenience her schedule. I remember asking her and her attorney to change a hearing and depo time/date. They said NO! Her TX attorney asked me to change a hearing date. I stupidly said yes thinking he’d pay back the favor later. I later asked him to change a hearing date and he said NO! Why would I inconvenience myself to convenience Amanda Lollar? She has to play by the rules just like the rest of us.

Stephen MacPhail misquoted the law again. He said I can only depose Amanda Lollar for seven hours then he quoted Federal Rules of Civil Procedure (FRCP). It clearly states that I can depose for seven hours or longer if stipulated. I stipulated in my request. My request is almost an exact copy of his request so he should have realized that. I believe he is misquoting the law intentionally just like Turner did. This is why we did not get along. It is not very nice for an attorney to try to take advantage of a pro se by misquoting the law. Thank god for the Internet.

I love Federal court. If you have an issue with the other side, you don’t have to file a motion, schedule a hearing, appear in person and wait for a written order which generally takes six weeks. You call up the Judge. She puts you on a conference call. One side speaks, the other speaks, she tells you what to do. Magistrate Judge Margaret Nagle is very no nonsense. She also explained how phone conference hearings work to me even though I already knew. Nice and efficient. That is how courts should be run.

Attorney Stephen MacPhail previously cancelled my deposition and Lollar’s. He wanted to depose me and his client in May which is two months off. He had the nerve to say legally I must depose her in Texas or fly her out at my expenses. Not true! Misquoting the law just like attorney Randy Turner. I can’t wait two months to depose her as I have a lot of discovery to do and subpoenas to send. I also thought it was a stalling technique so I’d miss a deadline or something. I called the Judge and she sorted things out. She asked me when I noticed Lollar of her March 21 depo. That would be February 14. Judge said that I gave her plenty of notice to be deposed. I will be deposed April 5. Amanda Lollar will be deposed April 6. That took about five minutes. Amanda Lollar’s airfare went from $179 to $400 because she didn’t feel like showing up tomorrow. Hotel rooms are a lot more expensive in Los Angeles than Fort Worth, Texas. I doubt she even bought the original plane ticket. I doubt she ever intended to show. I wonder if her insurance will pay for her travel expenses? Then she wouldn’t care how much it costs. In fact if she doesn’t bother to be deposed it wouldn’t affect Amanda Lollar or Bat World. She would lose the case but her insurance would have to pay for everything. She truly believes she is above the law.

In the hearing Stephen MacPhail stated that his client cares for “endangered” bats. Her dad is very sick. She basically runs the sanctuary by herself. Then he said he had three short trials in April. He added that I am posting “vitriol” on “blogs.” I am posting the truth on my website. It is criticism but it is not “cruel” or “bitter.” If Lollar does not want me to criticize her, she should give me no reason to criticize her. Lollar should start by removing her libel and defamation instead of posting new defamation per se.

Stephen MacPhail also told the Judge that I posted “confidential” items such as the location of Lollar’s deposition. I posted a notice of deposition which had the address of my p.o. box. I did not post the location of her deposition. Even if I had it’s an office building in downtown LA. Big deal. MacPhail’s address is public. That is where I will be deposed. Who cares.

I don’t know if Stephen MacPhail was lying to the Judge or if Amanda Lollar was lying to Stephen MacPhail who just repeated it to the Judge. I later emailed Stephen MacPhail and cleared up his misconceptions. She does not have any endangered or even protected bats as she has no Fish & Wildlife permit which she admitted in her TX deposition. She has volunteers who help her for free. I never posted the location of Lollar’s deposition. I posted my p.o. box address.

I just noticed that Lollar’s Los Angeles attorney is playing out just like Randy Turner did in Texas. I remember the first hearing when Randy Turner stated his client had “the largest bat sanctuary in the world!” I told the judge that Lollar has 300 bats. The largest bat sanctuary in the world has 1.8 – 2.2 MILLION bats. Turner also said that Lollar was as “world renown expert.” If you mention the name Amanda Lollar among true bat experts you get half of an eye roll. She cites their books and papers. They don’t cite her at all. Amanda Lollar did not go past the tenth grade. She’s never had a class in animal care. She doesn’t know what she’s doing. She recommended freezing bats to death which is inhumane. I sure hope MacPhail learns from Turner’s mistakes and doesn’t end up looking like a total fool like Turner.

Amanda Lollar of Bat World Sanctuary continues to libel me. She just posted this, “Ms. Cummins left our internship as a disgruntled intern, has been harassing our organization for two years, and was recently charged with criminal contempt of court. Please see the following link for more information on our case, including videos of her court ordered deposition, where she admits to being involved in over 20 lawsuits and being sued four times for defamation.” I was not a “disgruntled intern.” I reported her for animal cruelty and neglect. I have not been “harassing” Bat World. I haven’t even known Bat World for two years. I interned there June 19, 2012. I was not “charged with criminal contempt of court.” My deposition was not “court ordered.” It was mutually agreed upon. It clearly states this in the depo request. I never admitted to being “involved in over 20 lawsuits.” She made up all of these defamatory accusations. She also continues to lie about me in her website batworld.org Her attorney has absolutely no control over her.

Was going through old emails and saw this in one, “Cummins v. Lollar PDF copy: Caption CLAIMS REF NO. 268950 CLAIMS EXAMINER Marissa G. Arnold.” Her attorney is being paid for by insurance. My case is a claim. Marissa Arnold is a claims examiner insurance adjuster at Chubb insurance in South Windsor, Connecticut 860-408-2210. marnold@chubb.com

March 17, 2012: Amanda Lollar now doesn’t want to show up for her deposition. She claims her dad is sick. If her dad is sick, why is she going to the construction site? Why is she taking in more bats? Why is she on FB all day long? I just sent her another notice of deposition. Legally I must give ten days notice to her attorney Stephen MacPhail. I gave 11 days notice. She can be deposed this Wednesday March 21, 2012 as scheduled or March 28, 2012, same time, same place. Notice of taking of deposition of Amanda Lollar to attorney Stephen MacPhail.

I just figured out what type of law firm Bragg & Kuluva really is. They are counsel for Chubb Insurance which processes insurance claims and such for many insurance companies. This means Stephen MacPhail is on salary. He isn’t pro bono and is not being paid the usual $350-$550/hour rate. I am assuming that Amanda Lollar and/or Bat World Sanctuary had some sort of insurance which is covering her legal fees and Bat World’s. I am suing her personally and as Bat World. I assume it’d also cover any settlement to me. That would also mean that they had insurance for my injury at Bat World Sanctuary. Legally Bat World Sanctuary must tell me who is their insurance company. Amanda Lollar has refused to tell me. My PI attorney will find out soon enough though I’m assuming the underlying carrier is Chubb Insurance. I just checked attorney Stephen MacPhail‘s email source and the logs from this page. The emails and hits are indeed coming from domain chubb.com out of their main office.

A little background on attorney lawyer Stephen M. MacPhail. He’s a very bright man who graduated with honors from both undergraduate and graduate schools. His speciality is labor and employment law. He has even taught classes on labor law and written articles. Here is his resume.

March 7, 2012: The Judge in my Federal case against Amanda Lollar and Bat World Sanctuary was able to resolve our depo video issue. Only a professional videographer will video the depo. I will not also video the depo. If anything improper were to happen, I will let the record reflect that, end the depo and file an emergency protective order. I doubt anything will happen as this lawyer is so far polite and professional though he has one bad habit. Amanda Lollar, Bat World Sanctuary has to pay for the videographer, court reporter, attorney’s fees from yesterday. There are minimum costs because there was indeed a very short depo.

March 6, 2012: I was supposed to be deposed today in my Federal case against Amanda Lollar. Her attorney Stephen MacPhail would not allow me to videotape even though I am entitled under Federal Rules of Civil Procedure FRCP 30(b)(3)(B) “(b) NOTICE OF THE DEPOSITION; OTHER FORMAL REQUIREMENTS. (3) Method of Recording. (A) Method Stated in the Notice. The party who notices the deposition must state in the notice the method for record- ing the testimony. Unless the court orders otherwise, tes- timony may be recorded by audio, audiovisual, or steno- graphic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition. (B) Additional Method. With prior notice to the deponent and other parties, any party may designate another meth- od for recording the testimony in addition to that speci- fied in the original notice. That party bears the expense of the additional record or transcript unless the court orders otherwise.”

Stephen MacPhail objected on the record then I objected to his objection. The Judge will figure this out for us. No matter what Amanda Lollar will have to pay for the videographer and court reporter today not to mention her attorney’s time. Her attorney Stephen MacPhail has so far acted ethically and professionally. Stephen MacPhail really had no real reason to fear being videotaped. I doubt he would nod off on me like Randy Turner did. I even promised not to post the video. I just need some independent record as I will be deposed by myself.

February 28, 2012: Response to admissions, interrogatories and discovery were due tomorrow. They were sent in today. A few items in my response to interrogatories were confidential so I won’t be posting the document.

Cummins response to admissions

Cummins response to discovery

February 23, 2012: Judge approved our scheduling order. Judge has ordered us to appear before a magistrate judge for a settlement hearing. This is standard protocol. Here is the document. Our trial by jury is scheduled for November 6, 2012 before Judge Dolly M. Gee.

February 14, 2012: I just sent off discovery documents to defendants Amanda Lollar aka Bat World Sanctuary an individual and Bat World Sanctuary an unknown business entity. I also sent a cover letter and request for deposition of Amanda Lollar here in Los Angeles, California to her attorney Stephen MacPhail.

Discovery cover letter

Deposition of Amanda Lollar

Discovery admissions Amanda Lollar

Discovery admissions Bat World Sanctuary

Discovery interrogatories Amanda Lollar

Discovery interrogatories Bat World Sanctuary

Discovery production documents Amanda Lollar

Discovery production documents Bat World Sanctuary

In the mean time Amanda Lollar continues to libel and defame me. She’s also signing me up for spam.

January 17, 2012: I just happened to look at Pacer and see the Judge’s order for a scheduling meeting. I don’t know why I wasn’t emailed. I signed up for auto-email when anything is filed. Anyway this means the case will not be dismissed. Amanda Lollar, Bat World Sanctuary, John Does 1-10 lose on their motion to dismiss. I’m filling out this form right now.

January 7, 2012: The court fixed the scanning error in my first amended complaint. Here is a good copy. While they were in there they fixed all the little mistakes like my address and the dollar amount I am asking for in the lawsuit.

January 6, 2012: Defendants Amanda Lollar and Bat World Sanctuary answer the lawsuit. It’s a standard answer. They deny everything and use every affirmative defense. These filings are very neat and tidy. Either it’s a standard copy/paste or the lawyer Stephen MacPhail is making his filings more professional because he knows they’re going on the internet.

Answer by Amanda Lollar, attorney Stephen MacPhail

Answer by Bat World Sanctuary, attorney Stephen MacPhail

December 25, 2011: A friend just noticed that pages 10-11 and the proof of service are missing from the Pacer record. I did indeed file them. Here is a copy of what I filed which was sent to Defendants. I just sent it to the court to make sure the Judge has it.

December 22, 2011: Just filed an amended complaint here. I updated the docket above. I did not delete John Does party. It looks like originally they wrote Defendants “Does.” They deleted “Does” and added “John Does.” I am still suing John Does 1-10.

December 20, 2011: Defendant Amanda Lollar, Bat World Sanctuary sent in a request for clarification. It was denied as it was untimely. The order stands. Here it is

December 15, 2011: Good news! Defendant’s motion to dismiss due to improper venue was denied. Their motion to transfer venue was also denied. Little bit of bad news is that I didn’t include an exact date of libel in the body of my complaint. They were granted a motion to dismiss for failure to state a claim. The Judge is giving me 15 days to replead. I just rewrote the corrected pleading and will file in the morning. That means they lost their motions to dismiss or transfer. California Central District Federal court is the proper jurisdiction.

December 9, 2011: I called the court to confirm the December 12 hearing at 9:30 am. I saw it on calendar. They called me back and said the judge took the documents under submission. She will rule on the documents alone then mail us her order. Neither side needs to appear at the hearing. I thought Federal court ruled on documents and not testimony at hearings. Glad I made two written replies to their motion to dismiss or transfer.

December 8, 2011: I filed proof of service and my opposition to defendants’ motion to dismiss or transfer November 30. It just showed up on Pacer eight days later. This court does not allow pro se parties to file digitally. I hand deliver my filings to the court. The defendants’ attorney files digitally and the documents show up next day. We have a hearing set for Monday to hear the motion.

December 2, 2011: Defendant filed a reply to my opposition. The lawyer Stephen MacPhail did not notify me that he filed the document. Fortunately I just happened to be looking at Pacer. His reply was much more professional than his original motion to dismiss/transfer. Perhaps Stephen MacPhail had a law student or legal assistant write the original motion. Few mistakes in his most recent reply. Again, venue is Federal District Court in California because I was damaged here in this venue, jurisdiction, district. Defendants are in Texas and other states such as New York and Pennsylvania for starters. Diversity.

November 30, 2011: I just filed my opposition to defendants’ motion to dismiss or transfer hereHere is a more legible unsigned copy. Venue is most definitely in California.

November 8, 2011: Defendants file motion to dismiss or transfer case. I took off the exhibits because they were lengthy. Look at all the typographical, spelling and grammatical mistakes in this filing. I’ve never seen such sloppy work. Attorney Stephen M. MacPhail of Bragg & Kuluva is the lawyer. His typographical errors are so bad that he accidentally put numbers in words. How does one even do that? He also made three mistakes in the actual filings of the digital documents.

Here is the official complaint with time stamps.

Here is a more legible copy.

November 1, 2011: Amanda Lollar of Bat World Sanctuary has just deleted some of the libel and defamation per se, but not all of it.

October 20, 2011: What is Amanda Lollar of Bat World Sanctuary’s response to my lawsuit? She is posting even more libel and defamation. I’m of course saving all of it.

Mary Cummins sues Amanda Lollar and Bat World Sanctuary

October 19, 2011: (PRWEB) Los Angeles: Animal activist and rescuer Mary Cummins President of Animal Advocates filed suit against Amanda Lollar, Bat World Sanctuary and John Does 1-10 for defamation per se and interference with business relations, Case # CV11-08081 in California Federal Court on September 29, 2011.

The complaint states that Amanda Lollar falsely posted on the Internet that Cummins “has a criminal record,” “was convicted” of “theft of property, forged name on credit card,” and “hacked into” Lollar’s “email address” among other things. The complaint also states that Defendants emailed some of these same false allegations of criminal activity to government agencies such as the United States Department of Agriculture and the California Department of Fish & Game which control Cummins’ permits.

Mary Cummins said “While I am a major proponent of freedom of speech, I am appalled that someone would try to destroy my reputation by falsely posting on the Internet that I am a ‘convicted criminal.’ I have never been charged with or convicted of any crime in my entire life.”

The complaint states that defendants also posted on the Internet that Cummins commits “animal cruelty” and “tortures” animals. Mary Cummins said “I am very passionate about providing the absolute best care for animals. I went through the police and humane academy to become a Humane Officer so I could protect animals from abusers. For these people to make such false claims on the Internet is outrageous.”

The comments were posted in Yahoo, Facebook, Google Blogs, Indymedia and other websites. Mary Cummins is President of Animal Advocates a non-profit animal rescue organization in Los Angeles, California. Animal Advocates rescues ill, injured and orphaned native wildlife (coyotes, bobcats, foxes, raccoons, opossums, skunks, squirrels…bats) for release back to the wild.

http://www.prweb.com/releases/2011/10/prweb8891635.htm

Mary Cummins of Animal Advocates sues Amanda Lollar, Bat World Sanctuary for libel, defamation

Animal Advocates

October 18, 2011: Amanda Lollar and Bat World Sanctuary were served today in Mineral Wells, Texas. Proof of Service

September 29, 2011: Mary Cummins files suit against Amanda Lollar, Bat World Sanctuary and John Does 1-10 for defamation/libel per se, tortious interference, emotional distress.

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About Mary Cummins Animal Advocates Real Estate Appraiser

Mary Cummins is President of Animal Advocates. She is licensed with the California Department of Fish & Game, USDA and the City of Los Angeles to rescue and rehabilitate wildlife. Cummins speaks to local community groups and students about respecting wildlife and humane wildlife control. She is also a Humane Nuisance Wildlife Control Operator. She has written manuals on small mammal rehabilitation besides numerous articles. She was born and raised in Southern California. She attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being a member of Junior Mensa and on the Dean's list, she was a top ten national swimmer and competed on the men's water polo team. She began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. After college Cummins became a licensed real estate agent specializing in income property in Los Angeles. She obtained her real estate appraisal license, real estate brokerage license and currently does real estate consulting, expert witness testimony and review appraisals at Cummins Real Estate Services.
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