Weight loss is a personal and selfish journey, in the

sense that you have to do want you have to do to reach

your goal. There may be a lot fewer lunches and dinners w

with friends, less drinking and partying and special or

unique dinners at home for yourself.   

I had success losing weight and it was because I

participated in the forums of the low carb site of Kimkins.

Now, I need to do it again and hopefully for the very last

time.   Music was helpful to me. Before I lost enough

weight to feel comfortable exercising in public, I danced

around my home.  Softer music like Jaheim, old Sade,

Michael Franks and old Maxwell soothed me in stressful

times.  A lot of the other artists got me pumped up when

I needed to get out and walk.  Old Fabolous songs like

Breathe and now his new ‘pump me up’ anthem,’

My Time and others similar to this got me pumped as

well.  Nas’ Classic, Gang Starr and older Outkast were

some of my ‘pump up’ artists and I can not leave out

Fantasia.  When I wanted to dance, I used a lot of the

Latin music that I will ease in here a little at the time.

Losing weight can be down.  I have done it before.  In

hindsight, there are things that I know to do differently

and I will  this time.

I just wanted to say one last “Thank You” to Tom Roddy, from LowCarbFriends.com and Netrition.com.  Tom had been very helpful while working with us all in our endeavors to prevent Heidi Diaz from continuing to perpetuate her dangerous Kimkins Diet Scam.  Tom was even one of those named in Heidi’s countersuit.

I’ve been able to thank Tom, many times over, for all his help, but that certainly doesn’t prevent the sadness that comes from knowing he is gone.  We have lost a very dear friend in Tom.

My thoughts and prayers go out to his family and friends.

Tom Roddy, you will be greatly missed.  Rest In Peace.

Tom’s Obituary

from the examiner

Thread on Low Carb Friends

and also from Tom’s Family

NOTICE OF PENDENCY OF CLASS ACTION

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

DATE: ___________________________, 2009

____________________________________
Hon. _________________________,
Presiding Judge

Please be sure to share this with anyone and everyone who might have been a victim of the Kimkins Diet Scam.

NOTICE OF PENDENCY OF CLASS ACTION

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

DATE: ___________________________, 2009

____________________________________
Hon. _________________________,
Presiding Judge

 

 

Related News:

Diets in Review

The Judge left nothing to the imagination nor interpretation for Heidi realted to what has to be posted on the Kimkins.con website and where.

COURTS SUBSEQUENT RULING ON 11/02/09 @ 08:00 FOR DEPARTMENT RIDST
11/02/2009 – 8:00 AM DEPT. 05

HONORABLE MARK E JOHNSON, PRESIDING
CLERK: M. MARTINEZ
COURT REPORTER: NONE
COURT SUBSEQUENTLY RULES:
ORDER REGARDING CLASS THE COURT MAKES THE FOLLOWING ORDER REGARDING
CLASS NOTICE. THE NOTICE SHALL READ AS FOLLOWS:
HEIDI DIAZ AND KIMKINS.COM ARE DEFENDANTS IN A LAWSUIT THAT HAS BEEN CERTIFIED AS A NATIONWIDE
CLASS ACTION: JEANESSA FENDERSON, ET AL. V HEIDI DIAZ, ET AL., CASE NO. RIC483005, PENDING IN THE
RIVERSIDE COUNTY SUPERIOR COURT IN RIVERSIDE, CALIFORNIA. TO LEARN MORE ABOUT THE LAWSUIT,
PLEASE CLICK ON THE FOLLOWING LINK:
THE TEXT SHOULD BE PROMINENTLY DISPLAYED ON THE LOWER HALF OF THE FIRST PAGE OF THE KIMKINS.COM
WEB SITE. IT SHOULD BE 12 POINT, TIMES NEW ROMAN FONT WITH A BOX AROUND IT AS ABOVE.
CLERK’S CERTIFICATE OF MAILING RE: MINUTE ORDER
NOTICE SENT TO MICHAEL L COHEN A PROFESSIONALLAW CORP ON 11/02/09
NOTICE SENT TO MOORE WINTER MCLENNAN LLP ON 11/02/09
NOTICE SENT TO TIEDT & HURD ON 11/02/09
NOTICE SENT TO LAW OFFICE OF TIMOTHY P PEABODY ON 11/02/09
NOTICE SENT TO LAW OFFICES OF COTTLE & KEMP ON 11/02/09
NOTICE SENT TO COTTLE & KEEN ON 11/02/09

Kimmer has been posting inside the kimpire that the summary judgement was denied.

However the word denied never appears in the ruling. The judge said the motions were premature and the following needed to be done.

the court ordered Kimmer’s side to meet with John on OCT 15th in DEPT 5 of the court to discuss a method to notify potential class reps ( that would be all memebers of kimkins.con before Oct of 07), extent of damages incurred, and details of opting out for those who don’t want to be covered by the judgement should they wish to sue for damages too.

it is a far cry from being denied.
here is a copy of court order so everybody can see it

Immediately following the hearing for the Motion of Summary Judgement, Heidi Diaz posted on the Kimkins site, her blogs, and various other social networking sites, claiming that the judge had DENIED the MSJ.

Once again, Heidi isn’t telling the truth.  Is anyone surprised by that?

As John Tiedt said when he heard about Heidi’s posts, “Justice delayed is NOT justice denied.”  The judge has postponed the hearing on the MSJ. It was NOT denied.

Perhaps Kimmer doesn’t realize the difference between delayed and denied??

Guru Sued for Alleged Scam Diet Program – FOX11 News – myFOXla.com

Riverside (myFOXla.com) – An internet diet guru says she’s lost 200-pounds on her diet program but her clients say they got ripped off big time.

A Riverside County court will decide the fate of alleged internet scammer, Heidi Diaz, who launched a very successful diet program called “Kimkins” that is said to have duped over 40,000 people and even major nation publications.

Watch the videos of the newscast.

Heidi Diaz just does NOT ever learn.  I would think by now her lawyer would tell her to just keep her mouth shut…

To listen to Heidi..she is just a poor little lady who never wanted money for anything and was FORCED into lying on her website Kimkins.con.  Are you kidding?  Heidi would NOT know the truth if it slapped her in the face.  As others have said..she is a lying liar who lies.  And as time has gone on..she is not even doing that too well.

Today on her joke of a website…kimkins.con.  She decided to tell her side.  She also asked for people to sign some paperwork to how the support for the DIET.   I can not believe how low the whole Heidi Diaz and Kimkins.con has fallen.  I imagine that must be hard to swallow. It sucks when lies and fraud catch up with you , huh Heidi?

So lets examine a few of Heidi lies..

Heidi AKA Kimmer…I said I lost 198 lbs in 11 months and that was untrue. I’ve lost 100 pounds several times. As I’ve posted previously over the last 3 years — losing weight is easy, keeping it off is hard. I’m no different than anyone else when it comes to family stress, divorce, work stress and everything else that jogs us off track.

Ummm are you serious. Heck if I added up how much weight I have lost we would all be shocked.  But Heidi did not lose the 198 pounds in 11 months.  And yes we all have family stress and everything else.  But the differnce is..Heidi..we did not lie about how much weight we had lost and had it published in a national magizine..and last but most important for YOU..Make tons of money off YOUR LIES.

Heidi AKA Kimmer..I mixed “fake” success stories in with the real success stories. The “fake” success stories were _base_d on true success stories from the previous 9 years I gave diet advice for free at Lowcarbfriends before starting Kimkins.com. I wanted to show how people have overcome difficult problems and still lose weight — whether PCOS, fibromyalgia, menopause or thyroid problems. You can’t have a success story without photos so I found some at Russian bride websites. I now know there are websites where you can buy photos, but I didn’t know that then. It wasn’t the smartest thing I’ve ever done, but it wasn’t a clever scheme to trick people.

Once again…are you serious.  You say you mixed fake with real stories.  Heidi repeat after me.  YOU LIED AND CHEATED YOUR READERS.  You always seem to fall back in LCF free advice you gave.  Okay..great.  Yet you lied there also.  your picture there was FAKE and a LIE.  You also talked about skin care that you did..and I have a feeling after seeing you while I was on vacation ..that was   a lie also.  Who in their right mind can say with a straight face ..Oh I found some Russian brides …OMG..do you hear yourself?  And the worse lie of all is the ..it was never done to scheme or trick people.  LIAR.  Yes you .  You did it to get readers and people to sign up for your website so you MAKE MONEY FROM THEM.

Heidi AKA Kimmer..How can I tell people how to lose weight if I’m fat? Because I know how to lose weight quickly and when people follow Kimkins strictly they lose incredibly fast. I could be a 1,000 pound Samoan guy — what difference does it make if what I tell you works?

The difference is YOU LIED.  Okay let’s try this.  I know how to start a IV really well.  I am pretty sure I could tap Philip’s shunt if I had to.  So since I KNOW how to do those thing…I guess I should just go ahead and do it..I mean what differnce does it make..If i can do it and it works? You are so warped..

Heidi AKA Kimmer..What’s the lawsuit about? Money. The plaintiffs thought there were millions. There wasn’t. They thought there was liability insurance. There wasn’t.

WRONG AGAIN.. We want to see your website closed down .  And trust me it will.  And IF you open another one..it will be closed down.  Know what is kind of funny and yet freaky to me?  The way some of the “ducks” know what you are doing the very minute you do it.  Every web page, every blog and many of your schemes.  They just do not give up.  Good for them..VERY bad for you. Wonderful for all the ladies looking to lose weight.

From a KK member..Thank you Kimmer for being so upfront with us about this whole situation. It must be incredibly stressful to have this crap going on. This is just a bunch of people who don’t want to accept responsibility for their decisions and figure they can make a quick buck in the process.

Accept responsibility?  Are you serious.  Heidi has never accepted anything.  Even when she wsa caught redhanded on a new video  clip she said she was not Heidi.  She came on her own website and said it was not really her.  Tell me ..who needs to own up.  Heidi and upfront do NOT belong in the same sentence.  If this comment was not so sad to me it would be funny.

Heidi AKA Kimmer..Go ahead and hate/resent me. I survived teenagers you can’t hurt my feelings (unless that makes anyone feel better then — yeah, you hurt my feelings).

I can not help but think the reason you can not hurt your feelings is ..because you are one very cold hard hearted person.  And you ONLY care about you …

Heidi AKA Kimmer..Bottom Line: John Tiedt (attorney) wants to shut down the Kimkins website. There is no money for refunds. My lone asset is my house worth maybe $225,000. John Tiedt & his partners have spent probably $300,000 or more to sue me. Who do you think gets paid first? We have 30,000 members (do the math at $60) — where’s that $1,700,000 going to come from?

If you read my previous posts on this thread I mention that I sat for 25 hours of videoed deposition. I answered question after question. I even went to deposition #4 after my doctor put me on 3 days of bed rest after 11 days of menstrual bleeding. I produced every financial document I had including bank statements.

At deposition #1 Mr. Tiedt discovered that the $2,000,000 some people thought I had didn’t exist. Financially speaking there was no point to the lawsuit and he told me and my attorney after deposition #1 that they would work out a settlement. OK.

The next day I posted in my Pinky Swear Challenge thread that I was embarrassed to have not known the answers to the most basic business questions about Kimkins. I complimented Mr. Tiedt for his comments because it made me aware that I needed to know more and formalize. Hours after that post I received a message that Mr. Tiedt had learned of the post, that it made him look bad to his clients and now there would be no settlement. Litigation would continue … it’s 2 years now.

It would have been over and done in October 2007. A slam dunk for Tiedt. Now he’s spent hundreds of thousands. I’ve spent hundreds of thousands. Unless he’s going to sell my house, get his partners to suck up $300,000 of expenses and prorate the house sale proceeds at about $5 per member — nobody’s getting anything.

There was an easy way to handle this situation. That didn’t happen.

Yes Heidi…there was a easy way to handle this…and no it did not happen.  You could have shut down your web site and gave your members back their money.  I bet deep down you so wish you had given Jenessa back her refund.  Just think how much that mistake has cost you..ouch.

Heidi AKA  Kimmer..The “haters” think I’m consumed by the lawsuit. I’m not. It’s been going on for so l-o-n-g and there’s so much redundant paperwork, well … the thrill is gone. When our attorneys give me a project I work on it, but other than that I don’t pay attention. My #1 priority is getting the KK2 website done (and that’s taking forever, too!)

You are right Heidi.  You are not so consumed with the lawsuit…you are consumed with making new webites..blogs and more money. 

Heidi AKA Kimmer..As to the people who spun off their own blogs and websites in competition with Kimkins … we’ll be talking with them real soon.

Talk to who?  The people who have worked on getting the truth out?  The same people who found out who you really were?  If you are really worried about paperwork..Maybe your legal team can NOT send threaten paperwork in the mail about blogs that are only telling the truth.  You do know what the truth is, right?

Heidi AKA Kimmer..Yes, I made mistakes. I’ll make more. I made poor decisions. People have asked why I didn’t “come clean” sooner about my weight loss … or lack thereof. My answer is exactly what happened when I did. Members weren’t relieved. They were confused, angry and lost their motivation. Ask yourself, “Do I feel better knowing that Kimmer didn’t lose 198 lbs in 11 months?” Probably not. Do you feel excited and motivated about weight loss? Probably not. Did gaining that knowledge help you toward goal. I doubt it. I’m not just talking about Kimkins, but at Lowcarbfriends, too.

Let me see if I can this in more simple way.  Heid…you should not of lied to begin with.  And since you did..it became a problem.  Now IF you had come to your members and said your “story” about your issues with weight loss…I have a feeling most would of fallen for it .  BUt the problem is..you not only lied..you lied and lied and lied and then lied.  You came on your own web site and said you were not you.  Now that is something for them to be confused about.

Heidi AKA Kimmer..When Catherine MacDonald approached me about collaborating on an e-book (which turned into a website), I should have stood my ground. I said I didn’t want “Kimmer” to be part of the home page. I don’t like attention. I don’t need “atta girl” pats on the back. I think putting yourself on the front of a website pretty much screams, “Hey, I’m important.” I’m not.

I didn’t want “Kimmer” to be on the home page, but I caved.

I didn’t want to give a “Kimmer” photo, but I caved. Even if I were a size 2 I wouldn’t have given my own photo, so I found a photo of someone and gave it. I should have said “no”.

I didn’t want Catherine’s pricing idea of “whatever the traffic will bear,” but I compromised. I should have insisted on my lower pricing.

I didn’t want to sign a Kimkins partnership agreement written by Catherine MacDonald with a $5,000 buyout provision (since I had no way to raise $5,000), but I caved.

But when Catherine saw how many people were joining Kimkins and wanted to revise her contract after only a few months to a 10X last month gross sales, I didn’t cave. I got $5,000 together and got Kimkins back.

I didn’t know a thing about websites. I had never seen an admin panel. I had never heard of most of the terminology or how things worked. But I had to learn or the website could die … and what would happen to the members? So I read everything I could get my eyes on and I begged for free tech help from anyone who’d give it. Some good, some bad … and I learned from that, too.

People think I did Kimkins for money. Not even. It was never about money. I did what I do for free for 9 years at Lowcarbfriends. I spent hours answering questions … the same ones over and over … until it sank in. People offered to buy me gifts and send money because they were thrilled to be losing weight. I turned every single person down and never took a penny. Gee, I really suck at this money whore thing.

Oh Heidi..somehow I think the whole..She MADE me do it..will not work. By any chance did you tell the ladies signing up for your website..Oh no..please do not pay me..I am so wanting to do this for free.

Money Whore? Hummm…

The bottom line is..you tell your story…your words..out of your mouth..the same mouth you lied out of for years.Yet when others try to tell their side with proff..you have your lawyer send threats to shut them up.  Is that working?  Because the truth will come out.  Look at how much have changed since the good ole days..

The TRUTH will come out …it always does.

there’s a new message out about the kimkins Fraud class action case.
This is not a binding legal action yet.

Please go and read a very important update from one of my very favorite bloggers..She has a very important update…

Regarding the Kimkins Class Action Lawsuit

http://prudentiablog.blogspot.com/

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.

CLICK ON IMAGES TO ENLARGE

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.

CLICK ON IMAGES TO ENLARGE

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.

CLICK ON IMAGES TO ENLARGE

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.

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.   (click on the page you wish to read to enlarge it)

Scientists have shown that when either lean or obese individuals exercise after eating a high fat meal, their fats are broken down and oxidized in skeletal muscle, making them healthier. These results show for the first time how a high fat diet and exercise stimulate the breakdown of fats and may help design ways to reduce excessive fat in the body.

Fat is broken down inside fat cells to generate energy by a process called lipolysis. The resulting fatty acids are released into the bloodstream and carried to tissues that require energy. In obese individuals, too much fat accumulates, compromising lipolysis, but the details of how this happens are not well understood. Also, obese individuals can show altered responsiveness to the stress hormones epinephrine and norepinephrine in their subcutaneous fat.

Max Lafontan and colleagues investigated how fat is broken down in both lean and obese subjects who exercised after either fasting or eating a high-fat diet. They noticed that after eating a high-fat diet, fats were broken down in both lean and obese individuals. Under fasting conditions, the breakdown of fats was more pronounced in the lean subjects, but the high fat meal enhanced lipolysis in the obese subjects.

The scientists also studied the effects of long-chain fatty acids (LCFAs) – which are found in high fat diet – on cultured fat cells. They noticed that LCFAs increase lipolysis when it is induced by epinephrine, one of the hormones known to stimulate lipolysis.

By showing for the first time how a high fat diet and LCFAs affect hormone-induced lipolysis in fat cells, this study paves the way for further research on the role of various fatty acids on the metabolism of muscle and blood vessel cells, the researchers conclude.

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Article adapted by MD Only from original press release.
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Article: “Acute exposure to long-chain fatty acids impairs alpha2-adrenergic receptor-mediated antilipolysis in human adipose tissue,” by Jan Polak, Cedric Moro, David Bessiere, Jindra Hejnova, Marie A. Marques, Magda Bajzova, Max Lafontan, Francois Crampes, Michel Berlan, and Vladimir Stich

MEDIA CONTACT: Max Lafontan, Institut National de la Sante et de la Recherche Medicale (French National Institute of Health and Medical Research), Toulouse, France; e-mail: Max.Lafontan@toulouse.inserm.fr

Well Heidi…..that light you saw at the end of the tunnel is turning out to be an oncoming train. The train of justice. It moves slowly but believe— it WILL reach it’s destination.

It’s got plenty of stops to make in getting there and you may be very surprised at some of the passengers.

Heidi’s attempt to derail the Class Action Lawsuit against Kimkins.con was not successful. She filed for bankruptcy in January 2009 which put all other legal actions on hold. But the bankruptcy case has now been dismissed.

So who thinks Heidi Diaz will show up for the new Kimkins get-together scheduled for Las Vegas in October 2009? The 2008 venture didn’t happen due to “high gas prices.” What will the excuse be this time? That Kimkins.con doesn’t exist anymore?

This just in from John Tiedt -

The US Bankruptcy Court has dismissed the Diaz Case! 

Thanks John and Scott!

Now we can get back to work on the Kimkins Class Action Lawsuit!

The wheels of justice just keep on turning!

from www.easyweightlosscenter.com:

Kimkins Diet – World’s Most Dangerous?

Posted by Casey in Fad diets, Scams on Mar 2nd, 2008 |

The Kimkins diet is one of those truly dangerous fad diets that surface, gets really popular and then scores some bad publicity and fizzles out.

If you haven’t heard about this diet, heres the skinny on what the Kimkins diet is…er…was!

The Kimkins diet became popular in mid 2007 when Heidi Kimberly Diaz who then went by the name “Kimmer” claimed that she had followed a certain low carb diet resulting in 200 lbs in weight loss. The diet was featured in Women’s World magazine and people ate it up.

“Kimmer” who wasn’t even qualified as a nutritionist or doctor seem to be following a variation of another popular fad diet – the Atkins Diet. But her variation seemed to be basically a starvation diet which resulted in health issues which later developed in some of the members who was paying for a subsciption at her membership site.

“Kimmer” herself gained back 100 lbs but said that it had nothing to do with how the Kimkins diet worked. Personal issues was quoted as the cause.

As said before, the Kimkins diet is very dangerous since it is very low in calories, essential fatty acids, low in fiber and a whole lot of other nutrients. This is not the type of diet you want to do as it is medically unsound and potentially fatal.

We have all been anxiously awaiting to hear who the newest team member on the Kimkins “Dream Team” will be, ever since the Kimkins Class Action Lawsuit Attorney, John Tiedt, announced that they would be adding a bankruptcy litigator to the line up.

From John Tiedt today:

I am proud to announce that I have retained Scott Clarkson of Clarkson, Gore & Marsella.

Scott C. Clarkson – Attorney at Law

Primary Area of Law Practice is Corporate Insolvency and Reorganization, Federal and State Commercial Litigation, and General Business Law

Born in Houston, Texas; admitted to the Virginia State Bar in 1982, the District of Columbia Bar in 1987, and the California State Bar in 1989. Admitted to the United States Supreme Court, all State and Federal Courts in California, Virginia and the District of Columbia; Martindale-Hubbell AV Rated.

Education: Indiana University (B.A. 1979); George Mason University School of Law (J.D., 1982); Articles Editor, George Mason Law Review. Law Clerk to U.S. District Judge William L. Hungate, Eastern Division of Missouri, 1982.

Professional Affiliations:

• Immediate past chair (2005-2007), Los Angeles County Bar Association Bankruptcy Law Committee
• Current vice chair, Executive Committee of Commercial Law and Bankruptcy Section, Los Angeles County Bar Association
• Former Local Bankruptcy Rules Committee Chair Los Angeles County Bar Association Bankruptcy Law Committee
• Guest Lecturer, UCLA School of Law, Seminar in Corporation Reorganization
• LACBA Commercial Law and Bankruptcy Executive Section Legislative Chair
• Former Director of Los Angeles Bankruptcy Forum
• Member, South Bay Bar Association
• Member, Financial Lawyers Conference
• Member, American Bar Association
• Former Member of Advisory Board to Norton’s Annual Survey of Bankruptcy Law
• Former Legislative Director for U.S. Congressman Harold L. Volkmer, United States House of Representatives, assigned to House Judiciary Committee’s redrafting of the Federal Bankruptcy Code, 1977-79
• Bankruptcy Trustee, the District of Columbia and Eastern Virginia, 1979-82

Writings:

• Author: “Representing Creditors in Individual and Small Business Chapter 11 Cases”, Personal and Small Business Bankruptcy Practice in California, California Continuing Education of the Bar, 2003-2007.
• Author: “More About the Bankruptcy Act of 1978”, American Bar Association Journal, May 1979
• Author: “A Legislative History of the Bankruptcy Court System”, Annual Survey of Bankruptcy Law, Emory University, 1979.
• Coauthor: “Private Relief Legislation in the United States Congress”, West Federal Practice Manual, 1980; “The New RCRA: Legislative Mandates, Regulatory Resources”, Vol.1, No. 6, Hazardous Substances Journal, April 1986.
• Editor: “The Legislative History of Hazardous and Solid Waste Amendments of 1984”, Institute for Law and Public Health Protection, November, 1985; “The Legislative History of the Superfund Amendments of 1986”, Institute of Law and Public Health Protection, April 1987.

With those impressive credentials, it looks like Kimmer’s Divorce Attorney, Mr. Peabody, has his work cut out for him.  Wouldn’t you agree?

RE:glad you are a tough chick like me

Kimmer:

Wrote:

Melissa, welcome back!!!

I’m more human than you’ll ever know! This is why I understand so well when people fall off, slip up, cave in. Been there. Rough day or year? Been there, too. I just want to show people there’s a very simple principle to lose quickly. Once they understand, they have an “ah ha!” moment and it all makes sense. From that minute on, they know the secret.

The website is fine, he can’t shut it down which is all that I cared about. I was telling the anti-Kimmer lawyer that the girls form support groups and “families” and this is why the website is important. That why I made a backup website (which has never been used). If we needed a place to move to for the girls, then we had one. I wouldn’t make a penny from that. Everyone paid a lifetime fee, I can’t charge them again. The backup website would cost money: hosting, admin, tech support. Anti-KK lawyer doesn’t get it.

Thanks again, you re-energized me this morning! It’s 9 am here. Have a fabulous day!