Proposed Notice of Pendency of Class Action

This is NOT an official notice. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.

Damage Control

 

From Inside Kimkins, Kimmer (aka Heidi Diaz, or Kimberly Drake, or whomever she is today) begins to attempt to do some damage control, after news of her bankruptcy was revealed.

 

 

A quick note from legal counsel:

“Kimkins has filed for protection under Chapter 11 of the bankruptcy
code. Chapter 11 is a rule which permits reasonable reorganization of
debts under the bankruptcy laws of the United States. Chapter 11
bankruptcy is available to any business, whether organized as a
corporation or sole proprietorship, and to individuals.

This will allow Kimkins, as a viable business, to continue to service
its customers while paying debts under a reorganization plan. Moreover,
it will allow us to better address certain matters pending in the civil
courts. The process is a public proceeding and aimed solely at
protecting the interest of Kimkins and our members.”

Due to litigation over the past year we have a couple major debts and
this will help restructure those. This will not affect our day to day
operations. Prior to this news Kimkins had already been planning a
revamp of the website (appearance and software). Everything will be the
same but better — better navigation, more features, easier to use and
understand. Those plans have been in the works for several months.

We’re a big website (bigger than what you see) and it’s a big project!
I’ve seen prototypes of the new format — it’s lovely! We’re still
months away from being ready … naturally. I’m an instant gratification
person and months are not instant! Darn!

When it’s ready for testing we’ll be seeking volunteers to poke it and
find the boo boos before we switch everybody over.

Your membership will stay exactly the same — only the website will look
different. Some of you are old timers and remember we’ve had 4-5
previous “looks” since we started Kimkins in April 2006!

 

What she doesn’t tell them in this note  is that she has already started a NEW diet site, which is no longer low carb.  It appears to still be low calorie and low fat.  It also appears to be using a name that is already trademarked to another company.

S.O.S.

It appears that it is NOT all smooth sailing over at Kimkins.  Apparently, the looming litigation has gotten a little too close for comfort for Ms. Diaz, just as if it were a giant iceberg sighting, dead ahead.

Desperate times call for desperate measures.

Heidi Diaz, without an attorney, was facing a certification hearing for the Kimkins Class Action Lawsuit on January 14th.

To avoid this, she has now filed for Chapter 11 Bankruptcy protection.  This drastic action is much like a call for help from a doomed ship.

What does this mean for the Class Action Lawsuit?  It means that the case in Riverside Court is on hold, and things will now play out in Bankruptcy Court.  But what about Bert Cottle?  Has he been paid for all services rendered or is Ms. Diaz trying to get out of that too?  What about the countersuit that she filed?

Not to worry though, Kimkins Class Action Lawsuit Attorney, John Tiedt, has made it clear that he isn’t about to give up on this, no matter what kind of stunts Ms. Diaz may pull next.

Stay tuned for the next installment in the continuing saga of the Kimkins Diet Scam.

Man Overboard!

Recent headline news  reveals “Kimkins Attorney Jumps Ship!”

So, did Bert Cottle voluntarily jump overboard to escape Heidi Diaz and her dangerous diet scam or was he encouraged to walk the plank by the tip of a sword?

Surely more details will be forthcoming soon, but many are speculating that Bert finally realized how deeply in trouble he’d become by representing Ms. Diaz. 

Or did Kimmer dump him because he simply wasn’t up to the task?  After all, getting away with diet fraud IS a difficult challenge.

Others propose that  he simply left Ms. Diaz’s side because she just can’t afford to pay his legal bill.

One can only wonder if Mr. Cottle will be the next person that Ms. Diaz decides to sue in the ever growing Kimkins litigation.

What will Kimmer do without her trusty legal beagle by her side??

Stay tuned to see if he sinks or swims, and what will happen now that there is no one at the helm of Heidi’s defense.

 

~~~

A Merry Kimkins Christmas Present! « Say NO to Kimkins

Calling ALL Former Kimkins Members in San Diego County

Calling ALL Former Kimkins Members in San Diego County:

If you are a former Kimkins member and you reside in San Diego County, John Tiedt would appreciate hearing from you at your earliest convenience.

Please email John or use the Contact Us form on his website.

If you know of any former Kimkins members in San Diego County, please be sure to let them know that John Tiedt is looking for their assistance.

Everyone can help by spreading the word.

Thank you very much for your help.

~*~*~*~

For those who may not already know, John Tiedt is the lawyer handling the Kimkins Class Action Lawsuit.

I do hope that all former Kimkins members will consider joining the Kimkins Class Action Lawsuit, if you have not already done so. There is strength in numbers.

If you have already joined the Lawsuit via email, please be sure that you get your affidavit to John as soon as possible.

Remember, if you need any help with completing this, be sure to watch the helpful video.

Thank you!

Please feel free to share this with anyone else who might be able to help spread the word. Thank you!

Kimkins on Insider Exclusive!

The Exclusive Stories Behind The Headlines

Headline Legal News – Kimkins Diet Scam

Steve Murphy interviews

Attorneys John Tiedt and Michael Cohen;

Dr. Americo Simonini;

and former Kimkins member, Terry Lind,

about the Kimkins Diet Scam.

Click on the Insider Logo to view the show!

There is also an abbreviated edition

of the same show on YouTube and AOL Video.

You can read the transcript of the show here:

Grilled Cheese Sandwich with Pickles: Transcript of the Insider Exclusive Segment on Kimkins

Thank you, Elle!  We greatly appreciate your hard work!

Uncharted Waters ~ Kimkins Maintenance

Since Heidi’s “after” pictures reveal that she is not any thinner than her “before” pictures, what does that say about the Kimkins Maintenance Plan?

It is apparent that Heidi never devised a workable Kimkins Maintenance Plan because she never actually had to try to maintain her goal weight due to the simple fact that she’s never actually attained the 118 lb. weight that she professed to have maintained for 5+ years.

With no Kimkins Support for those who have reached their weight loss goals, unfortunately these folks more or less just cast adrift.

How are folks who have followed Kimkins doing on Maintenance if there is no Kimkins Maintenance Plan to follow?

 What Heidi claimed that she was eating on maintenance was posted on LCF in April of 2006:

 I tend to eat pretty much the same stuff every day. Even when we go out to eat I’ll be looking for a non-sauce protein, side veggie (no sauce) and a large salad.Breakfast: None or 1 egg omelette w/ veggies & ham
Snack: Yogurt (100 cal Dannon) and/or fruit
Lunch: Green salad w/ grilled chicken (or something similar)
Snack: Fruit (banana, pear, grapes or ?)
Dinner: Lean protein, 2-3 veggies (occasional potato or corn)Once in a while a small dessert, but sweets are a problem area for me so I tend to not keep them in the house. Treats I bake for my foster sons are in a size that has no leftovers, LOL!I don’t use Fitday for myself very often, but when I do check I’m running around 1200-1400 calories, 70-100 carbs. This seems right for 118 lbs and a non-exerciser.Here’s what Christin says about Kimkins Maintenance:

Kimkins has NO maintenance program. The guidelines that were provided at one point in time were actually written by me, and were removed very quickly after I left the program. I am not a dietician or physician, so I have no doubt that even the guidelines that I was lead to believe were appropriate were lacking in nutritional value. Most of my friends and acquaintances who have since come off of the Kimkins program and resumed eating “normally” have either completely halted their weight loss efforts, or put back on the majority of the weight that they initially lost. Through our discussions we all agree that it would have behooved us to have lost the weight that we did utilizing a program that would not have set us up for such heartache.

With no real guidelines to follow, these Kimkins folks have had to fend for themselves with no help from their leader (who is unable to lead by example in this instance), and a great many of them have been encountering some major difficulties.

The Journey: My Confession

mariasol: Maintaining Weight Loss

In Heidi’s Own Words « Diary of a Mad Housewife

Medusa: KIMKINS ADMIN NOT FOLLOWING KIMKINS “MAINTENANCE PLAN”? SAY WHAT??

Kimkins Diet Review: Kimkins–Gotta Have the Maintenance

The Passenger List

Here is a partial list from the Kimtanic Passenger Manifest:

MrsM

Kristen

Susan

Lily

Mayberryfan

RW

Sparky’s Girl

Special Bulletin ~ Attn: Former Kimkins Dieters

Harmed by Kimkins?

Share your Story on National TV

Have you experienced medical problems due to Kimkins?

Do you have any medically documented health issues related to the Kimkins Diet?

Do you have some free time this weekend for an exciting opportunity to appear from the comfort of your home, on national television, in a prime time spotlight?

If you have suffered any of the following doctor verified medical conditions:

• Dizziness
• Nausea
• Muscle fatigue or weakness
• Heartbeat palpitations
• Moderate to severe hair loss
• Bone and joint pain
• Mental changes – irritability, forgetfulness, confusion
• Bowel complications/symptoms of laxative abuse

as a result of your experience with the Kimkins Diet, and would like this exciting opportunity to share your experiences with the public, please contact KimkinsonABC@gmail.com within the next 48 hours.

No travel will be required, an ABC crew will come to you to discuss your experience.

If you know of anyone who fits the above-mentioned medical criteria, please share this contact information with them for this important opportunity.

Duck Detectives

It’s a new year, but an old scam! Special Agents unleash the Duck Detectives to head up the Kimkins Case!

Some folks have questioned the reasoning behind so many “duck” avatars on LCF. This might help explain things a bit.

From The TRUTH -

Kimmer wrote:

I’m naturally suspicious of anyone with a “duck” avatar.

   So the Kimkins Detectives happily adopted the Duck persona 

at Heidi’s very OWN suggestion!

 Personally, wouldn’t you prefer to be called a “Duck Detective” rather than a Hater?  Not that I don’t hate what she’s doing to people, but still.

For more on the history of the Kimkins Case.

For what Heidi has to say about it, read In Heidi’s Own Words.

Check out this post for more information on the Kimkins Cult Mentality.

______________________

Say No to Kimkins!