IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT- CHANCERY DIVISION

ARTHUR HOLMER,
Plaintiff I Petitioner,

vs.
GODADDY.COM, LLC, and
COUNTABLE WEB PRODUCTIONS,
Defendants

I Respondents,

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Case No. 2014 CH _ _ _ __

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VERIFIED RULE 224 PETITION FOR PRE-LAWSUIT DISCOVERY

NOW COMES Plaintiff I Petitioner ARTHUR HOLMER ("Petitioner" or "Holmer"), by
and through his attorneys, Brown, Udell, Pomerantz & Delrahim, Ltd., and hereby Petitions this
Honorable Court pursuant to Rule 224 of the Illinois Supreme Court Rules for pre-suit discovery to
be issued against defendants

respondents GODADDY.COM, LLC ("GoDaddy") and

COUNTABLE WEB PRODUCTIONS, for the purpose of identifying a person or entity (or
persons or entities) who may be responsible in damages to Petitioner, and in support thereof, states
as follows:
1.

On or about August 24, 2014, an unidentified person or entity privately registered

the internet domain name, www.arthurholmerchicago.com, (the "Offending Website'') with

Go Daddy.
2.

Plaintiff did not authorize or consent to the registration of the Offending Websi~~~by
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this unidentified person or entity, nor its content.

3.

The Offending Website, a screenshot of which is attached hereto as Exhibit A,

contains several statements that are defamatory per se and subject the unidentified website registrant
to potential liability to Petitioner for claims such as "Libel," "False light Invasion of Privacy,"
"Intentional Infliction of Emotional Distress," and "Misappropriation," among other possible torts
and claims.
4.

Arthur Holmer is an experienced real estate developer, investor and professional in

the Chicagoland area. With his business team, through entities such as the Wells Street Companies,
Inc., Wells Street Equities, LLC, Wells Street Management, LLC, Thomas Investors, LLC, and
others, Petitioner has bought and sold, and owned, operated and managed a vast portfolio of
complex commercial properties, including multifamily, office, retail and restaurant properties.
5.

Arthur Holmer is a citizen of the State of Illinois and a resident of Chicago, Cook

County, Illinois.
6.

GoDaddy is a Delaware limited liability company with its principal place of business

in the State of Arizona.

7.

Countable Web Productions is the creator of the website "widget" called

"htmlcommentbox.com" and is a Canadian corporation with its principal place of business in

Vancouver, British Columbia, Canada.
8.

In August 2014, an unknown individual or entity registered the domain name,

www.arthurholmerchicago.com and created the Offending Website.

The Offending Website

declares, in what upon information and belief is a large 48-point font size, ''Welcome to Arthur
Holmer's REAL WORLD." Underneath this declarative welcome are several hyperlinks to various
documents arising from or regarding litigation that Petitioner has been involved with, directly or
indirectly through one of his business entities, since 2009. The hyperlinks are titled, "FRAUD,"
"BREAHC OF CONTRACT AND LOAN DEFAULTS," "MISCELLANEOUS LAWSUITS,"
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"LIENS," "FORECLOSURES" and "CITY CODE VIOLATIONS." The footer to each page of
the Offending Website declares: "This website is intended to show who the real Arthur Holmer is.
All information provided is public knowledge."
9.

Each page of the Offending Website includes a side column for "comments," which

may be posted anonymously or under any name and receive anonymous "likes" or "thumbs up."
The commenting feature is enabled using a third-party "widget" or website application called
"htmlcommentbox.com."

10.

No registration or verification of identity is required to enter a comment on the

Offending website. The comments to the Offending Website contain defamatory statements about
Plaintiff including: "COMPLETE FRAUDSTER!"; "Arthur is a complete and total thief as well as
a pathological liar I hope he lands in jail for everything he has done"; "Headshot? How about
mugshot"; "Holmer is also currently under investigation by the FBI for defrauding banks. He'll
probably be in jail soon"; and "AVOID THIS GUY AT ALL COSTS ... horrible awful terrible Wells
Street Companies is a SCAM."

11.

The first 4 comments on this website were logged on September 12, 2014- a mere

19 days after the website was first published. Dozens of anonymous or pseudonymous commenters
have posted comments since it was published, naming and libeling business associates of Holmer
and accusing specific individuals of creating the website.

12.

Upon information and belief, the unidentified person or person behind the

unidentified entity that registered the Offending Website is a competitor of Petitioner and is seeking
to damage Petitioner's reputation in order to gain a commercial advantage or for a business reason.
13.

Upon information and belief, the unidentified person or person behind the

unidentified entity that registered the Offending Website has used the anonymous / pseudonymous
commenting feature to add defamatory and libelous comments to his or her own website.

14.

Upon information and belief, Countable Web Productions, the creator of the

"htmlcommentbox.com" widget, tracks the IP addresses of commentators.

15.

The characterization by the unidentified registrant that the collected links to various

lawsuits constitutes "Arthur Holmer's REAL WORLD" and that Arthur Holmer's "REAL
WORLD" involves "fraud," "breach of contract and loan defaults," "foreclosures," and "city code
violations," is either false or stated with a reckless disregard for truth. Some, but not all, of the links
provided attach filed pleadings containing (in most cases) unverified allegations made by litigants in
opposition to Petitioner. Most of the cases cited did not go to trial or result in any judgment or
findings of fact- in fact, most setded.
16.

Particularly egregious are the characterizations contained within the second level of

each of the hyperlinks on the Offending Websites, which ate either demonstrably untrue or made
with a callous and reckless disregard for whether they are true. For example, the first link under
"Fraud" is a link to a second hyperlink tided "Bank Fraud, Breach of Fiduciary Duties, and
Conversion of Assets." This second hyperlink connects to 34 pages of scanned .pdfs, including a
news article announcing the filing of the lawsuit, a copy of the complaint and other documents
regarding the lawsuit, Doman et al. v. Wells Street Equities, LLC, Arthur Holmer and Stephen Muller, Case
No. 10 CH 49653 (Cit. Ct. Cook County). This case did not go to trial or result in any findings of
fact or judgments as a matter of law. Instead, this case was voluntarily dismissed by the plaintiffs on
Match 30, 2011 - information that one would only see if one were to read through the entire 34page attachment to the very last page.
17.

Similarly, the second case linked under "Fraud," which is characterized as "Fraud,

Breach of Contract, and Unjust Enrichment for Non-Compliance with Setdement," attaches to a
number of scanned .pdf documents involving the related case, Mesta v. Holmer, 2011 L 0112902 (Cit.
Ct. Cook Cty) and Mesta v. Club 720, LLC and Arthur Holmer, Case No. 1:09-cv-07722 (N.D. Ill).
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Like the Doman case, each Mesta case settled and was voluntarily dismissed by the plaintiff.
However unlike the documents attached for the Doman case, the Offending Website contains no
information to inform the reader that the state court Mesta case had been amicably resolved and
dismissed. A true and correct copy of the docket for the state court Mesta case is attached hereto as

Exhibit B.
18.

Thus, neither of the cases listed under "Fraud" resulted in a judgment or any finding

of fact or law to support the initial complaint allegations. Neither of the cases listed under "Fraud"
are currently pending. Both of the cases listed under "Fraud" have been settled and dismissed. To
state, characterize and imply that Arthur Holmer's "REAL WORLD" is that of a "COMPLETE
FRAUDSTER" and also involves "Non-Compliance with Settlement" is belied by the actual facts or
is a statement or characterization made with reckless disregard for the truth.
19.

A third particularly egregious example of reckless indifference to the truth can be

found under the link, "Breach of Contact and Loan Defaults," which leads to a list of secondary
hyperlinks, including one titled "Zero Payments on $25,000 Loan."

This leads to a collection of

documents involving the case, Mulligan v. Onion Erie Enterprises, ILC and Arthur Holmer, 2012 L 7076
(Cook Cty. Cir Ct.) Aside from the complaint, however, which alleges non-payment on a $25,000
note, the remaining documents show that the parties soon resolved their dispute, leading to the
dismissal of Mulligan's claim with prejudice pursuant to a settlement.

Thus, instead of "zero"

payments on a $25,000 promissory note, it appears that Petitioner in fact made a satisfactory
repayment to the plaintiff resulting in the amicable and quick settlement of the claim.
20.

Illinois Supreme Court Rule 224 states:

(1) Petition
(i)
A person or entity who wishes to engage in discovery for the sole purpose of
ascertaining the identity of one who may be responsible in damages may file an
independent action for such discovery.

(ii)

The action for discovery shall be initiated by the filing of a verified petition in the
circuit court of the county in which the action or proceeding might be brought or in
which one or more of the persons or entities from whom discovery is sought resides.
The petition shall be brought in the name of the petitioner and shall name as
respondents the persons or entities from whom discovery is sought and shall set
forth: (A) the reason the proposed discovery is necessary and (B) the nature of the
discovery sought and shall ask for an order authorizing petitioner to obtain such
discovery. The order allowing the petition will limit discovery to the identification of
responsible persons and entities and where a deposition is sought will specify the
name and address of each person to be examined, if known, or if unknown,
information sufficient to identify each person and the time and place of the
deposition.

21.

Petitioner seeks and petitions this Honorable Court for an order authorizing

Petitioner to issue a summons to Respondent for the sole purpose of ascertaining the identity of the
registrant(s) or creators of the Offending Website and the IP addresses of the commentators using
the "htmlcommentbox.com" widget on the sidebar of the Offending website.
22.

Among other claims that Petitioner may bring, Petitioner intends to bring claims for

(1) Libel, (2) Defamation Per Se (3) False Light Invasion of Privacy, (4) Misappropriation of Name
and (5) Copyright Infringement.
WHEREFORE, Petitioner ARTHUR HOLMER respectfully prays that this Honorable
Court enter an order authorizing him to issue an out-of-state subpoena upon respondents
GODADDY.COM, LLC and COUNTABLE WEB PRODUCTIONS, for the purposes of
identifying the registrant of the domain name and website, www.arthurholmerchicago.com and the
identity of the IP addresses for the persons or entities entering comments into the comment box on
the Offending Website, and for such other relief as is just and equitable.
Michael Pomerantz
Shorge K. Sato

BROWN, UDELL,
DELRAHIM, LTD.

Respectfully submitted,

POMERANTZ

&

1332 North Halsted Street- Suite 100

Chicago, Illinois 60642
(312) 475-9900
Firm No. 34089
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT- CHANCERY DIVISION
ARTHUR HOLMER,
Plaintiff I Petitioner,
vs.

DOMAINS BY PROXY, LLC,

Defendant

Respondent,

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Case No. 2014 CH - - - - - -

VERIFICATION
I, the undersigned, due state and attest pursuant to Section 1-109 of the Illinois Code of Civil
Procedure, that I have personal knowledge of the allegations contained in the aforementioned
Verified Rule 224 Petition for Pre-Lawsuit Discovery, and that the factual statements contained
therein are true and correct, unless stated to be upon information and belief, in which case, I verily
believe the same to be true and correct.

EXHIBIT A

Welcome to Arthur Holmer's REAL . . >.

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arthurholmerchicago.com

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Welcome to Arthur Holmer's

REAL WORLD
FRAUD

Comments
thrne

BREACH OF CONTRACT AND LOAN

DEFAULTS
l\-USCELLANEOUS LA"VSUITS
LIENS
FORECLOSURES
Arthur Holmer - Chicago, IL.

CITY CODE VIOLATIONS

Comment

1>y llbnl c~11 Bo><

( I days ago) Paul said:

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2g

You should also check out Scott Yonover.

I know him and Arthur have worked
together and this guy is a world class
a-hole. He will hit on your spouse and pick
your pocket all in the course of a single
dinner.

(I days ago) JoeSchrno said:

The FBI should investigate his attorney
Glen Udell as well. I don't know if he has
done anything illegal but I do know that he
has a history of gumming up deals and
holding sellers hostage until they have no
choice but to settle and give his clients a
better deal. I always half expect to read a
story about this guy winding up dead in an
alley someday.

(2 days ago) Don't Worry About It said:

I can't tell you how happy I am that Arthur
Holmer is finally getting what he deserves.
He's a fucking criminal that thought he
could manipulate the system. I hope the
T."T"'T .t:

~--.

i.: 4 1 1 - - 4. :.:1

EXHIBITB

CM/EEF LIVE, Ver 6.1 - U.S. District Court, Northern Illinois

https :/I ecf. ilnd.uscourts.gov/cgi -bin/DktRpt.pl ?54556829833 8525- L. ..

SCHENKIER,TERMED

United States District Court

Northern District oflllinois- CMJECF LIVE, Ver 6,1 (Chicago)
CIVIL DOCKET FOR CASE#: 1:09-cv-07722

Mesta v. Club 720, LLC et al

Assigned to: Honorable VIrginia M. Kendall
Cause: 29:201 Denial of Overtime Compensation

Date Filed: 1211112009

Date Terminated: 06/09/2010
Jury Demand: Both
Nature of Suit: 710 Labor: Fair
Standards
Jurisdiction: Federal Question

Plaintiff
Ruben Mesta

on behalf of himself and all other

employees similarly situated, known
and unknown

represented by Roy P. Amatore

Amatore & Associates, P.C.
120 S. State St.
#400
Chicago, IL 60603
(312) 236-9825
Email: roypamatore@comcast.net
ATJ'ORNEY TO BE NOTICED
Paul Luka
Law Office of Paul Luka, P.C.
120 S. State Street
Ste. 400
Chicago, IL 60603
(312) 236-9825
Email: paul@lukapc.com
ATJ'ORNEY TO BE NOTICED

v.
Defendant
Club 720, LLC

an Illinois limited liability company

Defendant
Arthur Holmer

individually
Defendant
Edward Francis Tunney Enterprises,
Inc.

an Illinois corporation

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Defendant
Edward Tunney
individually
Defendant
Kim Kauffin
individually

Date Filed

12/14/2009

#
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_I -~ocket

Text

l I COMPLAINT Filing Fee $350, Receipt Number 0752-4354982 filed by Ruben

I

Mesta; Jury Demand. (Luka, Paul) (Entered: 12114/2009)

2 CIVIL Cover Sheet (Luka, Paul) (Entered: 12/14/2009)

12/14/2009

12/14/2009

I
12/14/2009

;)_] ATI0RNEY Appearance for Plaintiff Ruben Mesta by Paul Luka (Luka, Paul)
(Entered: 12/14/2009)

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12/14/2009

.l-t
01/04/2010
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ATTORNEY Appearance for Plaintiff Ruben Mesta by Roy P. Amatore

(Amatore, Roy) (Entered: 12/14/2009)
CASE ASSIGNED to the Honorable VIrginia M. Kendall. Designated as
Magistrate Judge the Honorable Sidney I. Schenkier. (vcf, ) (Entered:
12114/2009)

I
I
I

2_ I MINUTE entry before Honorable VIrginia M. Kendall:Initial Status hearing set

1 for 3/16/2010 at 09:00AM. Joint Status Report due by 3/10/2010. (See Judge
\Kendall's web page found at www.ilnd.uscourts.gov for information about status
I
j reports). The parties are to report on the following: (1) Possibility of settlement in
I j the case; (2) If no possibility of settlement exists, the nature and length of
! discovery necessary to get the case ready for tnal. Plamtlff 1s to advise all other
i parties of the Court's action herein. Lead counsel is directed to appear at this
1
' status hearingMailed notice (jms, ) (Entered: 01104/201 0)

l------+-----------------------------------------1
102/04/2010

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l-0-3/--1--1/-20_1_0_1

SUMMONS Issued as to Defendants Club 720, LLC and Arthur Holmer. (mjc,)
(Entered: 02/05/201 0)

1 j ~TATIJS Report by Ruben M~~ (Feil, Christine) (Entered: 03/11/2010)

1-------t---------i03/16/20 10
~ i MINUTE entry before Honorable VIrginia M. Kendall:Status hearing held and

continued to 4119/2010 at 09:00AM for a report on service ofthe summons and

I complaint. Plaintiff is advised ofFRCP 4(m).Advised in open court (jms,)

r---------;~--f[_CE_ntered: 03/16/201 0)
I 9 I SUMMONS Returned Executed by Ruben Mesta as to Arthur Holmer on
04/12/2010
I - /3!24/2010, answer due 4/14/2010. (Luka, Paul) (Entered: 04112/2010)
04/12/2010

10 I AMENDED complaint by Ruben Mesta against Club 720, LLC, Arthur Holmer,
- I Edward Francis Tunney Enterprises, Inc., Edward Tunney, Kim Kauffm (Luka,
I Paul) (Entered: 04/12/2010)

f----0-4-/1_2_/2_0_10---;-1-1---i-JN---0-TI--C--E--b-y---R~b~-M~-CL~~Paul) (Entered: 04/12/201 0)

I_ _ _ _ _ _ _ _ _ _ - - - - ' - ---------

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https :/Iecf. ilnd.uscourts.gov/cgi-bin!DktRpt.pl? 545 5682983 38525-L...

NOTICE by Ruben Mesta re amended complaint 10 (Luka, Paul) (Entered:

04112/2010)

U MINUTE entry before Honorable VIrginia M. Kendall: Status hearing held and

04119/2010

continued to 5/17/2010 at 09:00AM for a report on service ofthe summons and

complaint on the corporate defendants.Advised in open court Urns, ) (Entered:
04/19/2010)
04/19/2010

SUMMONS Issued as to Defendants Edward Francis Tunney Enterprises, Inc.,

Kim Kauffm, Edward Tunney. (ef,) (Entered: 04/19/2010)

! 05/17/2010

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05117/20 I 0

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SUMMONS Returned Executed by Ruben Mesta as to Edward Francis Tunney

Enterprises, Inc. on 4/22/2010, answer due 5/13/2010. (Feil, Christine) (Entered:
o511712oto)

lli ]

MINUfE entry before Honorable Vrrginia M. Kendall: Defendants fail to

'

I appear.Status hearing held and continued to 6/1/2010 at 09:00AM for a report on

I
I settlement.Mailed notice Urns,) (Entered: 05/17/2010)
f------ ----t--r---------------------------------1
i 06/011201 0
! 16 i MINUTE entry before Honorable VIrginia M. Kendall: Defendants fail to
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j -~ appear.Status hearing held. Plaintiff is given to 6/9/2010 to file and notice for
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_[__ _[hearing a motion for default.Advised in open co~Urns,) (Entered: 06/01/2010)
1

~ 06/09/2010

17 NOTICE of Voluntary Dismissal by Ruben Mesta (Luka, Paul) (Entered:

06/09/201 0)

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ll MOTION by Plaintiff Ruben Mesta to vacate (Luka, Paul) (Entered: 06/19/2010)

I 06/19/2010

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I 06/25/2010
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~6/25/20 I 0
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!

19 NOTICE ofMotion by Paul Luka for presentment of motion to vacate ll before

I Honorable VIrginia M. Kendall on 7/8/2010 at 09:00AM. (Luka, Paul) (Entered:
i 06/25/20 I 0)

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II

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i~TATIJS Report by Ruben Mesta (Luka, Paul) (Entered: 06/25/201 0)

I l.

L________ _j_______
I 07/15/2010

MINUTE entry before Honorable VIrginia M. Kendall:Motion hearing held.

Plaintiffs motion to vacate 18 its FRCP 41 notice of dismissal is taken under
a.dviser_n.ent. Status hearing is set for 7/15/2010 at 09:00 AM.Advised in open
~~-~ U_m
__s_,__)_(E_n_t_er_e_d_:0_7_10_8_12_0_1_0_)--------------~

j221 MINUTE entry before Honorable VIrginia M. Kendall:Plaintiffs telephonic

request to reset today's status hearing to 7/20/2010 at 09:00 AM is
,
granted.Telephone notice Urns,) (Entered: 07115/2010)
1'

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07/20/20 I 0

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i 07/2112010

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MINUTE entry before Honorable VIrginia M. Kendall: Status hearing held.

Plaintiffs motion to vacate its FRCP 41(a) dismissal is denied. (order to
follow)Advised in open court Urns, ) (Entered: 07/20/201 0)
MINUTE entry before Honorable VIrginia M. Kendall: Plaintiffs motion to vacate
his notice of dismissal is denied.Mailed notice Urns, ) (Entered: 07/21/201 0)

PACER Service Center

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