Donald Thomas Scholz vs. Micki Delp, Connie Goudreau and Jane Doe
Friday, October 12, 2007

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MIDDLESEX, ss.

COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
Docket No.

____________________________________
                                                               
                                                              
DONALD THOMAS SCHOLZ  and                  
THE DTS CHARITABLE FOUNDATION, INC.,  

                                   Plaintiffs,               

v.

MICKI DELP, CONNIE GOUDREAU,
and JANE DOE,

            Defendants.

____________________________________

VERIFIED COMPLAINT

            Plaintiff Donald Thomas Scholz brings this action against Defendant Micki Delp and Connie Goudreau seeking redress for their defamatory statements against Scholz, including but not limited to Micki Delp’s defamatory statements to the press and others regarding the reasons that Brad Delp, her ex-husband, took his own life, which statements Micki Delp knew to be false, but nevertheless willfully and maliciously made to third parties.  Plaintiffs Donald Thomas Scholz and The DTS Charitable Foundation, Inc., also bring this action against Defendants Micki Delp and Connie Goudreau for their tortious interference with Plaintiffs’ charitable efforts, having engaged in a series of unlawful actions, all maliciously and willfully pursued.

 

Parties


1.                  Plaintiff Donald Thomas Scholz ("Scholz") is an individual living in Middlesex County, MA.

2.                  Plaintiff DTS Charitable Foundation, Inc., is a Massachusetts non-profit corporation that was formed in or about 1987, and that has made millions of dollars of charitable donations over the past two decades.

3.                  Defendant Micki Delp ("Micki Delp”) is an individual who, on information and belief, lives in Valencia, CA.

4.                  Defendant Connie Goudreau ("Connie Goudreau”) is an individual who, on information and belief, lives in Swampscott, MA.  Connie Goudreau is the sister of Micki Delp.

5.                  Defendant Jane Doe is an individual whose identity has not yet been confirmed.

 

Venue and Personal Jurisdiction


6.                  Venue is proper as Scholz resides in Middlesex County.

7.                  Micki Delp is subject to the personal jurisdiction of the courts of the Commonwealth of Massachusetts under Massachusetts General Laws, Chapter 223A, Sections 3(c) and 3(d), because she has caused tortious injury within the Commonwealth.  Connie Goudreau is subject to the personal jurisdiction of this Court as she is a resident of Massachusetts.

 

Facts


Background.

8.                  Scholz is a successful musician, composer, recording engineer, and record producer.

9.                  In or about 1975, Scholz founded the hugely successful rock music group BOSTON. 

10.              From the band’s inception, Scholz has been the leader of BOSTON.  Scholz is often referred to in the press as the "mastermind” behind BOSTON.  Scholz solely owns the trademark for the name and logo "BOSTON.”  Although Scholz would consult with other bandmembers on many issues, Scholz has ultimate control of BOSTON’s name and activities, and is widely known for such.

11.              Brad Delp was the lead singer of BOSTON.

12.              Throughout a period of several decades, from the early 1970’s until Mr. Delp’s death on March 9, 2007, Brad Delp was a close friend and musical collaborator of Scholz.

13.              Micki Delp is the ex-wife of Brad Delp.  On information and belief, they were married in 1980, separated in 1991, and were divorced in 1996.

14.              Connie Goudreau is married to Barry Goudreau, a former BOSTON bandmember.

15.              Shortly after the death of Brad Delp, on information and belief, the Goudreaus, Micki Delp, and Brad Delp’s fiancée, Pamela Sullivan, issued a press release implying that the death had been the result of a heart attack.  The press release identified Peggy Rose as the publicist.

16.              On March 14, 2007, they issued another press release stating that Brad Delp had committed suicide.

17.              The Associated Press reported on or about March 15, 2007, that Brad Delp had left a suicide note which stated, inter alia:  "[I have] lost my desire to live.      [ . . . ]  J’ai une ame solitaire.  I am a lonely soul.  [ . . . ]  I take complete and sole responsibility for my present situation.”

18.              On information and belief, Brad Delp’s finance, Pamela Sullivan, told police that he "had been depressed for some time, feeling emotional [and] bad about himself.”


            Micki Delp’s admitted crusade against Scholz.

19.              Later on March 14, 2007, Gail Parenteau ("Parenteau”) -- who has served for many years as publicist for Scholz, for BOSTON, and for Brad Delp -- called Ms. Rose about the second press release.  

20.              That evening, at approximately a little after 9:00 p.m. EST, Parenteau received a call from Micki Delp.  Micki Delp screamed at Parenteau, asking how dare she call the family publicist.  Micki Delp also screamed that she was out to get Scholz.  Micki Delp stated that she was "f___ing sick” of Scholz.

21.              The following morning, March 15, 2007, Parenteau called Pamela Sullivan, who was Brad Delp’s fiancée and whom Parenteau knew to be in direct contact with Micki Delp.  Parenteau told Ms. Sullivan that she should tell Micki Delp that she should not be making threats against Scholz.  Ms. Sullivan stated her agreement.

22.              Later on the morning of March 15, 2007, Micki Delp again telephoned Parenteau.  Micki Delp was again irate, venting her anger that the rock music magazine,  Rolling Stone, had published a piece on Brad Delp’s death in which Scholz had been interviewed.  Micki Delp stated to Parenteau that she was going to make sure to ruin Scholz.  Micki stated to Parenteau that Brad’s death was Scholz’s fault.  Micki Delp also stated to Parenteau that she would do everything in her power to make sure that people knew that Brad’s suicide had to do with his unhappiness with Scholz.

23.              Parenteau subsequently called Pamela Sullivan, Brad Delp’s fiancée , to advise her of Micki Delp’s second call to Parenteau.  Ms. Sullivan expressed that she was appalled and that she fully knew that Brad Delp’s suicide had had nothing to do with Scholz.                    


            Micki Delp’s false statements to the press about Scholz.

24.              On March 15, 2007, the Boston Herald, in its "Inside Track” column written by Gayle Fee and Laura Raposa, published an article entitled:   "Suicide confirmed in Delp’s death.”  A copy of the article is attached hereto as Exhibit A.    The article states, inter alia:

Delp remained on good terms with both Tom Scholz, the MIT grad who founded the band, and Barry Goudreau, Fran Sheehan and Sib Hashian, former members of Boston who had a fierce falling out with Scholz in the early ‘80’s.

Delp tried to please both sides by continuing to contribute his vocals to Scholz’ Boston projects while also remaining close to his former bandmates.  The situation was complicated by the fact that Delp’s ex-wife, Micki, is the sister of Goudreau’s wife, Connie.

"Tom made him do the Boston stuff and the other guys were mad that they weren’t a part of it,” said another insider.  "He was always under a lot of pressure.”

[ . . . ]

But the never-ending bitterness may have been too much for the sensitive singer to endure.  Just last fall the ugliness flared again when Scholz heard some of his ex-bandmates were planning to perform at a tribute concert at Symphony Hall for football legend Doug Flutie – and then had his people call and substitute himself and Delp for the gig, sources say.


 

25.              On information and belief, Micki Delp provided most or all of the foregoing material to the Boston Herald.

26.              It is completely untrue that Scholz "made” Delp participate in BOSTON.  Delp did so voluntarily.

27.              The paragraph about the Doug Flutie tribute concert is completely untrue.  Scholz was not responsible in any way for the decision of the concert promoter not to include past BOSTON bandmembers in the concert.  In about early September, the promoter of the concert asked the manager for Scholz and BOSTON  if BOSTON would perform at the Doug Flutie tribute concert to be held at Symphony Hall on November 13, 2006.  The promoter made clear to the manager that he wanted Scholz, Delp, and those BOSTON bandmembers still affiliated with Scholz.  Neither Scholz nor anyone on his behalf asked that Barry Goudreau or Sib Hashian excluded from playing at the concert.  At some point thereafter, Brad Delp told Gail Parenteau, the publicist for Scholz, Delp, and BOSTON, that he was being pressured by Barry Goudreau and/or other former BOSTON bandmembers who would not be performing at the Flutie tribute concert, and asked her advice on what to do.  Ms. Parenteau told Brad Delp that it was the promoters’ decision to ask BOSTON to play and that he should not get involved.  After the Doug Flutie tribute concert, Barry Goudreau informed Scholz that Doug Flutie had invited Barry Goudreau and Sib Hashian to perform at the event even after BOSTON was booked for the event, but they declined.

28.              On March 16, 2007, the Boston Herald, in its "Inside Track” column written by Gayle Fee and Laura Raposa, published an article entitled:  "Pal’s snub made Delp do it:  Boston rocker’s ex-wife speaks;  Delp’s ex says ‘No one can possibly understand.’”  A copy of the article is attached hereto as Exhibit B.  The article states, inter alia:

Boston lead singer Brad Delp was driven to despair after his longtime friend Fran Cosmo was dropped from a summer tour, the last straw in a dysfunctional professional life that ultimately led to the sensitive frontman’s suicide, Delp’s ex-wife said.  "No one can possibly understand the pressures he was under,” said Micki Delp, the mother of Delp’s two kids, in an exclusive interview with the Track.

[ . . . ]
 
According to Micki Delp, Brad was upset over the lingering bad feelings from the ugly breakup of the band Boston over 20 years ago.  Delp continued to work with Scholz and Boston but also gigged with Barry Goudreau, Fran Sheehan and Sib Hashian, former members of the band who had a fierce falling out with Scholz in the early ‘80’s.  As a result, he was constantly caught in the middle of the warring factions.  The situation was complicated by the fact that Delp’s ex-wife, Micki, is the sister of Goudreau’s wife, Connie.

[Micki Delp stated:]  "Boston to Brad was a job, and he did what he was told to do.  But it got to the point where he just couldn’t do it anymore.” 


29.              In fact, although a promoter had proposed a summer tour, no tour had materialized.  The decision to rehearse for the Doug Flutie tribute concert without Fran Cosmo had been a group decision.  Brad Delp had never expressed unhappiness about that decision to Scholz or, on information and belief, to any other member of BOSTON.  Moreover, Brad Delp took a lead role in arranging the vocal parts without Fran Cosmo’s voice.  On information and belief, after the Doug Flutie tribute concert, Brad Delp told BOSTON’s manager, John Baruck that he preferred the five-member configuration of the band.
                

Quotations from Brad Delp and His Fiancée Demonstrating the Falsity of Micki Delp’s Statements Blaming Scholz .

30.              In an interview with George Austin of Limelight New England, conducted on February 22, 2007, just two weeks before his death, and appearing in the debut issue published in Summer 2007, Brad stated:

[ . . . ]

George:      Can you tell us about the upcoming BOSTON tour.  What can we expect?

Brad:          [ . . . ]  we’ll be concentrating pretty heavily on the first couple of records.  [ . . . ] Tom is planning on doing a few things that we haven’t actually played for quite a number of tours.  I think it’ll be a lot of fun.  I’m very lucky that I get to do this, especially when there’s still an interest in classic rock.  [ . . . ]

[ . . . ]

George:      Can you tell me a little bit about how BOSTON has evolved and where you are now with the band?

Brad:          It’s kind of an interesting situation because we don’t play all the time like Aerosmith and a lot of other bands.  I have to say I’m kind of happy with this arrangement.  When Tom gets the urge to work on something or wants to hear a vocal on something, we only live an hour apart and that has pretty much always been the case.   So, he’ll just call me and it’s sort of a very low key process.  He might call to say, ‘I’ve got an idea for a song, when are you available?’  [ . . . ]

George:      I’ve read that you live a very health [sic] lifestyle being a vegetarian.  Do you think that has helped your voice hold up so well?

Brad:          [ . . . ]  I think vocally the biggest help for me is the fact that I go out and play three hours with Beatlejuice a couple of nights a week, particularly with a band like BOSTON who I literally might not see for two or three years at a time.  Had I not been doing anything at all, I think it would have been really tough.  This way it’s enjoyable.  I don’t think of either band as work.  I have a great job and it’s just a lot of fun.  [ . . . ]

George:      How about your relationship with Tom Scholz?  How has that evolved over the years?

Brad:          From what I’ve read, Tom’s comments about me have been very generous in praising me for what I do.  I think it’s a mutual respect.  [ . . . ]

[ . . . ]

George:      How do you feel about BOSTON’s music legacy?

Brad:          Again, I’m very appreciative of the fact that we’re still able to go out on tour and there’s still interest.  We’ve always had terrific crowds.  And I will say that I’ve met a lot of fans over the years who are just incredibly loyal and have stuck with us all this time.  It’s very flattering to feel like your music means something to people in a small way.  [ . . . ]

[ . . . ]

                  [Emphasis added.]

31.              Thus, Brad Delp’s own words, just two weeks before his death, belie Micki Delp’s defamatory allegations.

32.              On March 17, 2007, Scholz received a voicemail from Pamela Sullivan,  Brad Delp’s fiancée , in which Ms. Sullivan asked Scholz to call her about "the pack of lies printed in the Herald.”  (Emphasis in original.)

33.              On March 23, 2007, Pamela Sullivan, issued a statement to the press, which was published in The Boston Globe, and which stated, in pertinent part:

In our grief, we look for answers, for reasons, and perhaps for blame.  In the days that have passed since his death there has been a great deal of speculation and rumor put forward by the media and the Boston (band) fan base as to why he chose to end his life.  Words have been taken out of context, statements have been misconstrued, and people have been hurt.  People are looking for answers, and there are none to be had.

Bradley blamed no one, held no one accountable, for what was in his own heart.  His music, his business, his relationships, these were the things that brought him joy.  His sadness came from within;  it was his own.  He wanted no one to carry his burdens, in life or in death.


            Micki Delp’s false statements to the Herald were widely republished.

34.              Micki Delp’s statements were widely republished.  The following are some  examples of the republication.

35.              Launch Radio Networks ("Launch”) (a division of United Stations Radio Networks, Inc., which, on information and belief, changed its name as of August 1, 2007, to Pulse Content)  is a respected press syndicate which covers music news.  Launch’s content is picked up by music and entertainment media, especially radio and internet.  Launch has reported on BOSTON for years.   On March 19, 2007, Launch reported:

The ex-wife of late BOSTON singer Brad Delp blames long-standing issues within the band for Delp’s suicide.  Micki Delp told The Boston Herald that Brad has always been stuck in the middle of fights between bandleader Tom Scholz and former members of the group, and that the past 30 years’ worth of tensions finally got the better of him.      [ . . . ]  Micki said the last straw was the recent firing of fellow Boston singer Fran Cosmo and his son, guitarist Anthony Cosmo.

36.              On March 20, 2007, the Toronto-based heavy metal website Bravewords.com (at http://www.bravewords.com/news/62543) reported the foregoing March 19th statement of Launch.

37.              On March 24, 2007, WMUR-9 (an ABC-TV affiliate in Manchester, NH) reported on its website (at http://www.wmur.com/entertainment/11361651/detail.html) :

Last week Micki Delp was quoted as saying Delp was distressed about the conflicts in his professional life and became despondent after a long-time friend was cut from the band’s summer concert lineup.


            Retraction demand rejected.

38.              On March 23, 2007, counsel for Scholz sent a letter to Micki Delp demanding that she immediately cease and desist from making any further statements  in which she placed any blame whatsoever on Scholz for Brad Delp’s death, and demanding that she cause to be made formal retractions of her defamatory statements to each entity that had published her remarks.  Micki Delp did not respond to the letter.


            The tribute concert.

39.              The children of Brad Delp and others organized a concert to take place August 19, 2007,  in tribute to their father, the proceeds of which would go to charity.

40.              On July 2, 2007, the Boston Herald, in its "Inside Track” column written by Gayle Fee and Laura Raposa, published an article entitled:  "Delp tribute on.”  A copy of the article is attached hereto as Exhibit C.  The article states, inter alia:

The concert will include one number – the encore – during which the original members of the band Boston will reunite.  The parties – founder Tom Scholz and original members Barry Goudreau, Sib Hashian and Fran Sheehan with Fran Cosmo on vocals – have been at odds for decades and the lingering bad feelings from the breakup of the original band more than 20 years ago reportedly drove singer Delp to take his own life in March.

41.              Several bands were to play at the tribute concert, but BOSTON was the best known band and would be the final act of the show.

42.              On August 19, 2007, WZLX FM Radio held a pre-tribute concert gathering hosted by DJ Carter Allen, which, on information and belief, was attended by many former bandmembers and crewmembers, other music industry people, media people, and fans.  On information and belief, at that gathering, Micki Delp publicly blamed Scholz for Brad Delp’s death.


            Proceeds from the tribute concert.

43.              Scholz wanted to make certain that all of the net proceeds of the tribute concert would go to charity.  He requested that at least some of the proceeds go to charities that Brad Delp had supported during his lifetime.  It was eventually determined that 20% of the tribute concert net proceeds would go to The DTS Charitable Foundation and that the other 80% of the tribute concert net proceeds would go to a charitable organization that Scholz was told was being formed by Micki Delp and others, which they would call The Brad Delp Foundation.

44.              Scholz took steps to assure himself that The Brad Delp Foundation had in fact been formed, was duly registered as a Section 501(c)(3) organization under the Internal Revenue Code, and had a stated purpose of serving legitimate charitable causes that were not contrary to Scholz’s beliefs and Brad Delp’s beliefs.


            The DTS Charitable Foundation.

45.              Scholz founded The DTS Charitable Foundation in 1987 as a means to distribute his own charitable contributions.  "DTS” represents Scholz’s initials.  Scholz is the President of The DTS Charitable Foundation.  The foundation itself does not solicit contributions from the public.

46.              The DTS Charitable Foundation has supported causes in which Scholz and Brad Delp believed strongly, including many anti-cruelty (to people and to animals) organizations, vegetarian advocacy organizations, and hunger and shelter programs.  All organizations receiving grants from the foundation are registered 501(c)(3) charities.  To date, The DTS Charitable Foundation has donated nearly $4,000,000 to such causes.

47.              Scholz and Delp, both vegetarians and pacifists, each personally made many contributions to The DTS Charitable Foundation over the years.  Scholz himself donated approximately 98% of the nearly $4,000,000.  Brad Delp donated approximately $30,000 to The DTS Charitable Foundation during his lifetime.

48.              The DTS Charitable Foundation has had virtually no administrative expenses, as it has had no paid staff and Scholz has personally directly paid its expenses.

49.              The work of The DTS Charitable Foundation is of great importance to Scholz.  He is widely recognized for, and has received many awards over the years for, his contributions through The DTS Charitable Foundation.


Micki Delp’s attempts to discredit Scholz and The DTS Charitable Foundation and to thereby divert charitable contributions.

50.              Micki Delp has attempted to discredit Scholz and The DTS Charitable Foundation, and to thereby divert charitable contributions intended for The DTS Charitable Foundation to The Brad Delp Foundation, newly founded by Micki Delp and others.

51.              This e-mail address is being protected from spambots. You need JavaScript enabled to view it is an online forum for BOSTON fans and for anyone who may be particularly interested in BOSTON.  This e-mail address is being protected from spambots. You need JavaScript enabled to view it currently has about 600 subscribers.

52.              Melissa Majors, one of the moderators of This e-mail address is being protected from spambots. You need JavaScript enabled to view it , organized a charity event in Brad Delp’s honor at the Hard Rock Café in Boston (the "Boston_Rocks Event”) to take place the afternoon of August 19, 2007, the day of the Brad Delp tribute concert.  She publicized the event on many internet fan sites, stating that the proceeds raised at the Boston_Rocks Event would be donated to The DTS Charitable Foundation.

53.               On the evening of August 8, 2007, approximately two weeks before August 19th, Melissa Majors received several emails from the email address:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  On information and belief, that is an email address of Micki Delp.  In the email, Micki Delp sought information about the tax-exempt status of The DTS Charitable Foundation and the identities of its contributors, and Micki Delp threatened to report Melissa Majors to the Massachusetts Attorney General in connection with the fundraising.  The email also falsely stated:  "DTS Foundation:  As of May 7/2007 – Net assets for fund balances at the end of the year total $329,985,000.  Paid out program services and similar paid out $29,500.00. Total expenses $30,445.00.”

54.              The email thus implies that The DTS Charitable Foundation has amassed huge amounts of money, but has only given a minute fraction thereof to charity.  It also implies expenses far greater than The DTS Charitable Foundation in fact incurred.

55.              In fact, as of May 7, 2007, The DTS Charitable Foundation’s had a cash/investment balance of approximately $218,000.  As of December 31, 2006, the close of its previous fiscal year, The DTS Charitable Foundation had a cash/investment balance of approximately $292,000, had made donations in 2006 totaling $29,500, and had incurred expenses during 2006 of only $945.

56.              Later on the evening of August 8, 2007, Melissa Majors received another email from Micki Delp.  Although Micki Delp therein amended her published statement of The DTS Charitable Foundation’s assets to "over $300,000,” she did not retract her false statements regarding the foundation’s payout and expenses totals.  Micki Delp also stated therein that the assets of The Brad Delp Foundation were only $100.  Micki Delp further wrote in that email:

It is just soooo nice of you to help out and honor Brad like you are doing.  If you only knew the REAL story you would be appalled.  I suggest you listen to Brad’s OWN words about the "charity work.”  It’s all over youtube in an interview.  "Tom … all the credit … lion’s share … very forceful ….”   Brad tells the truth if you really care to know.  [Emphasis added.]

Have a wonderful get together.

Micki


57.              The interview to which Micki Delp apparently was referring was conducted by Jeb Wright in 2003 and is available at:  http://www.classicrockrevisited.com/Interviews07/braddelptribute.htm.

58.              In fact, in that interview, what Brad Delp said was:

Jeb:     I heard that Boston is actually giving away a buck a ticket this year to charity.

Brad:   Credit Tom Scholz for that.  He has been involved with a number of environmental organizations over the years.  This happens to be for the Sierra Club as well as some animal rights and human rights organizations such as PETA and Coalition against domestic violence.  [ . . . ]

Jeb:     You are really leading by example.  There are many artists who would not do this sort of thing.  There are others who might but either have not thought of it or have not been approached to do it.  It is just a great thing.

Brad:   I credit Tom for that.  He has been with these organizations for a number of years without the publicity.  As it turns out, happily, the rest of the band is in tune with these organizations as well.  I have been a vegetarian for over 30 years and I am involved with animal rights organizations.  They are all things that resonate with all of us but I want to give Tom the lions share of the credit for taking the initiative and being more forceful with it.

[ . . . ]

Jeb:     Do you ever worry that Boston has become too political?

Brad:   No, I want to say I am proud of Tom but that sounds patronizing and I don’t want to do that.  A point of fact is that Tom and the band have been supportive of a number of organizations over the years with little to no fanfare.          [ . . . ]  There are certainly things that people in the band feel passionate about and we don’t mind letting people know how we feel.  I think it is great.


[Emphasis added.]

59.              Less than an hour later on the evening of August 8, 2007, Melissa Majors received an email from This e-mail address is being protected from spambots. You need JavaScript enabled to view it , which stated, in pertinent part:

Since you are collecting money, you should clarify your information:  The Aug. 19th Tribute proceeds – 20% (a small portion) goes to DTS – 80% goes to The Brad Delp Foundation.  Do you know when the DTS monies are dispersed and where it goes?

Check out thebraddelpfoundation.com


[ . . . ]

I think giving to The Brad Delp Foundation is a much better way of honoring BRAD, NOT DONALD THOMAS SCHOLZ!!!  
[Emphasis in original.]

60.              On information and belief, This e-mail address is being protected from spambots. You need JavaScript enabled to view it is Connie Goudreau or someone writing at her direction.

61.              By grossly overstating the assets of The DTS Charitable Foundation, by implying that The DTS Charitable Foundation donates only a small fraction of its assets, by comparing the actual assets of The DTS Charitable Foundation to the meager assets of the newly formed Brad Delp Foundation, by urging Melissa Majors to donate the funds raised to The Brad Delp Foundation instead of The DTS Charitable Foundation, and by completely mischaracterizing Brad Delp’s public statements about Scholz’s charitable efforts, Micki Delp (and, in the instance detailed above, Connie) was attempting to divert the fans’ attention and contributions to The Brad Delp Foundation, which she and others had recently formed.


The Defendants’ Wide Use of On-line Aliases Against Scholz.

62.              Micki Delp and Connie Goudreau have over the years participated in many BOSTON-related online fan forums and public websites, commenting on all things BOSTON, Scholz, and Brad Delp.  Their comments have usually been an attempt to turn public opinion against Scholz, and in favor of Brad Delp and the three former original bandmembers:  Barry Goudreau, Fran Sheehan, and Sib Hashian.   Micki Delp and Connie Goudreau have each used many different email addresses and aliases.  In most cases, they do not identify themselves in their postings.  On information and belief, these aliases include, but are not necessarily limited to:

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Gardner

Watching from the wings…for years!

Judy Gray

June.Money

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Livethelife

boomer54

southerncal

63.              For example, on information and belief, Connie Goudreau has posted on This e-mail address is being protected from spambots. You need JavaScript enabled to view it under both the name "songbirdfree1” and under the name "Judy Gray,” which has a hidden email address of This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  As another example, Micki Delp has posted on This e-mail address is being protected from spambots. You need JavaScript enabled to view it under the name "Livedthelife,” which has a hidden email address of This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


Connie Goudreau’s  attempts to discredit Scholz and The DTS Charitable Foundation and to thereby divert charitable contributions.

64.              Connie Goudreau has attempted to discredit Scholz and his work with The DTS Charitable Foundation via anonymous posts on Gonnahitcharide.com, a BOSTON fan forum.

65.              At its annual conference held July 19-23 in Los Angeles, the Animal Rights Conference 2007 gave Scholz an award for his efforts and financial contributions (through The DTS Charitable Foundation) to animal rights organizations over the years.  Scholz accepted the award in person, and dedicated it to Brad Delp. 

66.              On information and belief, in a series of posts in the days or weeks prior to the award ceremony, under the alias "boomer54” and posing as a "new fan,” Connie Goudreau made many unfounded and sarcastic comments on Gonnahitcharide.com.  These postings, which were an exchange with the site administrator and others site subscribers, included, inter alia:

Since Brad’s children live in LA, I hope they were invited to accept this award on their father’s behalf since he was a PRINCIPAL contributor to the DTS Foundation for many years.

Tom is being acknowledged for his monetary contributions, right?  It seems that Tom was able to do this work because Brad was, in Tom’s words, a principal contributor to the DTS Foundation.  That would mean that Tom could not have done a lot of the work he did without Brad’s monetary contributions.  Or am I missing something?  [ . . . ]

[ . . . ]  Forgive me for not knowing this before.  I may be a new fan but I have never heard of the DTS Foundation before now or that Brad was a principal contributor.  It was just a question.  I didn’t club a baby seal, here.

This isn’t clear.  This foundation, which relied largely on Brad’s contributions, funded with a lot of help from BRAD, as a principal contributor and Brad has bever [sic] been given an award or publically [sic] acknowledged for this?  Why?  Why NOT his children in his place, since he usn’t [sic] here to be acknowledged for these contributions?  That is what is not clear and no one seems to want to answer it.  Again.  This is not killing a cat or even forgetting to feed one.  It is just a simple question and so many excuses for not answering it.  I suppose it would have to the [sic] the BED Charitable Foundation with Tom as a principal contributor for Brad to get an award.  Just seems quite odd, that’s all.

[ . . . ]  Pamela and Micki didn’t know anything about the DTS Foundation either.  Turns out the list is quite long of people who should, but didn’t, know about the DTS Foundation.   [ . . . ]

[Emphasis added.]

 

67.              Without foundation in fact, Connie Goudreau thus was creating an aura of suspicion around The DTS Charitable Foundation.  Connie Goudreau also was suggesting, without foundation in fact, that Scholz unfairly robbed Brad Delp of accolades for charitable work.  Connie Goudreau was also making fun of the causes supported by Scholz and Delp, which demonstrates that her motive was not to support Brad Delp, but rather to discredit Scholz.


The Defendants’ Fraudulent Registration of the  DTS Charitable Foundation domain name.

68.              The authorized website of The DTS Charitable Foundation, which was created in July 2007, is:   www.dtscf.org.

69.              This e-mail address is being protected from spambots. You need JavaScript enabled to view it directed fans who were looking to attend the Boston_Rocks Event to the official website of The DTS Charitable Foundation.

70.              On information and belief, on or about August 12, 2007,  one week before the tribute concert, an unauthorized website domain name was registered at GoDaddy.com:   www.dtsfoundation.com.  That address leads to a "parked page” reserved for it, but there is no website there yet.  GoDaddy.com lists the registrant of www.dtsfoundation.com as Domains by Proxy, Inc., a business which enables someone to register a domain name without revealing their identity.

71.              On or about August 16, 2007, a post appeared on This e-mail address is being protected from spambots. You need JavaScript enabled to view it from a poster identified as This e-mail address is being protected from spambots. You need JavaScript enabled to view it which stated:  "Re: [Boston_rocks] Re:  HRC event:   I plan on attending the HRC [Hard Rock Café] event.  I write the check out to DTS Foundation?  I’m new here.  Still trying to find the official website for DTS Foundation.  It’s not dtsfoundation.com or dtsfoundation.net.  HELP!!”

72.              On September 5, 2007, a posting appeared on This e-mail address is being protected from spambots. You need JavaScript enabled to view it from a poster identified as This e-mail address is being protected from spambots. You need JavaScript enabled to view it   which stated:  "Re: Contributions for BR TShirts and bonus DVD’s/CD’s:    I thought the address was dtsfoundation.com, is it not?”

73.              " This e-mail address is being protected from spambots. You need JavaScript enabled to view it ” and " This e-mail address is being protected from spambots. You need JavaScript enabled to view it ” subscribed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it on August 12, 2007, and August 21, 2007, respectively.   On information and belief, those names refer to a song entitled "Set the Songbird Free” which was written in memory of Brad Delp by Brian Maes of the band RTZ, whose other members included Brad Delp and Barry Goudreau, and which was first played on the radio on August 16th and first performed at the August 19th tribute concert.  Thus, "Songbirdonefree,” at least, apparently is someone who had advance knowledge of the song.

74.              On information and belief, Micki Delp and Connie Goudreau, directly or indirectly, registered the domain name www.dtsfoundation.com and wrote the foregoing emails to This e-mail address is being protected from spambots. You need JavaScript enabled to view it suggesting the unauthorized domain name was the site for The DTS Charitable Foundation.

75.              On information and belief, Micki Delp and Connie Goudreau willfully committed these acts so as to create confusion and to divert fans and potential contributors from the official website of The DTS Charitable Foundation.  Not only did it have the effect of diverting contributions, but, because The DTS Charitable Foundation website encourages visitors to click on links to other charities’ websites and learn about and get involved in their causes, it also had the effect of diverting visitors from getting informed and getting involved in the charitable causes that Scholz and The DTS Charitable Foundation (and, during his lifetime, Brad Delp) supported.


            Micki Delp’s defamatory statements to George Gouldsmith.

76.              George Gouldsmith is a fan of BOSTON who is the founder, the owner, and one of the three moderators of This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Mr. Gouldsmith is a valuable supporter of Scholz and BOSTON and does a lot of promotional work for BOSTON.

77.              Micki Delp has sent Mr. Gouldsmith many emails and postings negative to Scholz.

78.              On August 24, 2007, Micki Delp sent a long email to Mr. Gouldsmith in which she stated, inter alia:

 [Brad] lived his life in fear of Tom.

 [ . . . ]

Do you know that out of all of those people standing on that stage Sunday night Tom has sued over half of them.     [ . . . ]  And Tom still sends David and Doug a BILL for playing with Boston?
 

79.              In fact, all of the former and present members of BOSTON who performed with BOSTON that night and were standing on the stage together at the end of the show, in addition to Scholz, were:  Fran Cosmo, James Masdea, Doug Huffman, Curly Smith, Fran Sheehan, Kimberley Dahme, David Sikes, Gary Pihl, Barry Goudreau, and Jeff Neal.  Of that group:

a.         Scholz has never been a party to any lawsuit in which any of the following were parties:   Fran Cosmo, Doug Huffman, Curly Smith, Kimberley Dahme, David Sikes, Gary Pihl, and Jeff Neal.

b.         Scholz was a defendant in lawsuits in which the following parties were plaintiffs or witnesses against him:   James Masdea, Fran Sheehan, and Barry Goudreau.

c.         Scholz has never brought suit against any of them.

80.              The reference to sending a bill to "Doug and Dave” apparently refers to former bandmembers Doug Huffman and David Sikes.  Not only is it false that Scholz sent them a bill in connection with the tribute concert, but Scholz personally paid the airfare and lodging expenses of both Doug Huffman and David Sikes and their respective families to travel to Boston to rehearse for and perform at the tribute concert.

81.              When Mr. Gouldsmith challenged Micki Delp to back up her various accusations against Scholz, Micki Delp responded via email:  "I have said nothing but the truth and straight forward answers.”

            Micki Delp’s defamatory statements that Scholz profited from the tribute concert.

82.              Scholz agreed that he and the current members of BOSTON would perform at the tribute show for free, that the band’s expenses would be reimbursed (to Scholz’s touring entity, Walk On Tours, Inc.), and that the net proceeds of the tribute concert would be paid out to the charitable foundations as set forth above.

83.              The tribute concert was widely publicized as a charitable event.

84.              Daddy’s Junky Music -- a chain of music stores throughout New England which held a charity auction to benefit The Brad Delp Foundation shortly after the Brad Delp Tribute Concert -- maintains a blog on its website at www.daddys.com/blog/.

85.              On August 30, 2007, someone posting at www.daddys.com/blog/ under the name "Gardner” wrote:

"[ . . . ]  My understanding is that Tom was paid a pretty sizable chunk of change to perform on the 19th, while all the other musicians donated their time out of sheer love and respect for their fallen comrade.  Hasn’t $cholz milked the death of his "friend” enough already?  Shame shame shame!!  Tommy, can you hear me?  [ . . . ]

86.              Subsequent posts by persons named "Elizabeth” and "Michael” expressed their disdain that Scholz was paid.

87.              On September 6, 2007, someone posting under the name "Watching from the wings…for years!” wrote:

"I heard Boston got OVER $20.000.00 off the top for expenses and like 20% of the door.  [ . . . ]”
 
88.              Twenty minutes later on September 6, 2007, "Gardner” wrote:

"My understanding was that Tom submitted a budget of $30,000.00 plus 20% of the gross for his performance on the 19th.  I’m pretty close with some of the shows organizers, and I can’t imagine why they would lie to me.  especially about such a preposterous figure.  If they did and I’m wrong, then I’ll be delighted to apologize . . . but I betcha I’m not. ” 

89.              On information and belief, both "Gardner” and "Watching from the wings…for years!” are Micki Delp and/or Connie Goudreau and/or persons acting at their direction.  The posts by "Gardner” were apparently meant to look as though they were from Hirsch Gardner, a well-known Boston area musician employed by Daddy’s Junky Music, but, when asked about these posts, Mr. Gardner replied that he was unaware of them and expressed his displeasure at someone’s having used his name.  On information and belief, Micki Delp and Connie Goudreau are friends with Candi Bramante, the Director of Promotions and Public Relations of Daddy’s Junky Music.

90.              In fact, Scholz did not receive any compensation for BOSTON’s performance.  On information and belief, all past and present BOSTON bandmembers, including Scholz, donated their time.  Walk On Tours, Inc., Scholz’s touring entity, incurred approximately $52,000 in expenses in connection with the tribute concert, of which only approximately $29,000 was reimbursed (i.e., about only 60% of its actual expenses incurred).  Thus, Walk On Tours, Inc., of which Scholz is the sole shareholder, paid about $23,000 of the expenses.

91.              The false rumor that Scholz had been paid for performing at the tribute concert was relayed to many people, including independent audio/video contractors who worked at the tribute concert and with whom Scholz had ongoing contractual relationships.


Micki Delp’s defamatory statements that Scholz wrongfully took tapes of the tribute concert and is withholding them. 

92.              The August 19th tribute concert was taped by professionals hired and paid for by Ernie Boch, Jr., the car dealer and leader of "Ernie & The Automatics,” one of the other bands performing that evening.  Mr. Boch had asked Scholz’s permission to tape the BOSTON performance, which Scholz granted.  Mr. Boch also promised, unsolicited, to give Scholz the tapes of the BOSTON set after the show.  Scholz was not involved in any discussion of what would be done with the tapes of the rest of the concert.  

93.              Many fans have indicated an interest in a DVD of the tribute concert.

94.              On August 24, 2007, Micki Delp, under the alias "livedthelife,” sent the following to This e-mail address is being protected from spambots. You need JavaScript enabled to view it :

[ . . . ]
Tom got ALL 8 ORIGINAL recordings from all professional cameras of THE WHOLE SHOW, even though Ernie paid for all of it.  Ernie got nothing . . . yet.  Tom can’t keep all of it forever.  He has no rights to the other bands performances, but he does retain the right to the Boston set.  That is up to Tom to release it or shelve it.


95.              Also on August 24, 2007, Micki Delp, using her email address This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and in response to another poster’s comment, posted the following on This e-mail address is being protected from spambots. You need JavaScript enabled to view it :

No, Tom didn’t allow distribution or being sold.  He allowed the show to be filmed only if he could retain the rights to the Boston set.  After the show, Tom took ALL ORIGINAL eight tapes of the WHOLE SHOW from the professional cameras, even though Ernie Boch funded the entire shoot out of his own pocket.
 
96.              George Gouldsmith, as moderator of This e-mail address is being protected from spambots. You need JavaScript enabled to view it , refused to post Micki Delp’s foregoing August 24th emails to the fan forum.

97.              The tapes of the show included both video tapes and audio tapes created by Mr. Boch’s contractor, as well as audio tapes that BOSTON made.  Scholz is unaware of any problems with the video tapes, but none of the audio tapes of the BOSTON performance is fit to be released.  BOSTON’s own recordings are unusable because the levels were unintentionally dramatically reduced when the professional contractor inter-connected its equipment with BOSTON’s equipment;  because the sound-check was rushed, this problem was not discovered before the performance.  The professional contractor’s recordings are unusable, because of technical deficiencies in BOSTON’s performance, such as one of BOSTON’s three guitars could not even be played, all as a result of BOSTON’s equipment having been moved and disconnected without Scholz’s knowledge following the sound-check.  Consequently, Scholz would have to repair and mix the recordings (as they are multi-track recordings).  The software that the contractor used to record is incompatible with Scholz’s extensive recording and mixing equipment.  Scholz must do the work at his own studio, which is specifically designed to accommodate Scholz’s painful back condition.  Scholz has paid someone to try to render the tapes usable, without success.

98.              In any case, Scholz does not have and has never had the tapes of the other bands’ performances, and has no idea as to their whereabouts.  Scholz does not know, and has no involvement in, whether a DVD of those performances will be released.

99.              Subsequently, Connie Goudreau perpetuated the falsity that Scholz had taken the tapes and was delaying or preventing release of the tribute concert DVD.

100.          On information and belief, on September 14, 2007, under the alias "Judy Gray,” Connie Goudreau wrote:
check out boston.org and the update on the copyright dates.  Maybe Tom doesn’t want the DVD out.  Who owns this site anyway?  [Emphasis added.]

101.          On information and belief, on September 14, 2007, under the alias "June Money,” but in fact answering herself, Connie Goudreau wrote:

Doesn’t make sense to me either.  It was a great show IMO, maybe somebody should ask Tom.  Has anybody ever seen a live show officially released by Boston?

102.          When George Gouldsmith, one of the moderators of This e-mail address is being protected from spambots. You need JavaScript enabled to view it , knowing Connie Goudreau’s identity, suggested that she simply ask her husband Barry Goudreau – who is friends with Ernie Boch, Jr., and who played in at least three different bands at the tribute concert, including Ernie & the Automatics with Mr. Boch  – Connie Goudreau replied:

Honestly George, I don’t consider that to be my business.  I am married to Barry, however I don’t get involved in his music and what is going on with everybody surrounding him.  You would be surprised to know that we lead a very normal life, kids, I work full time, so discussing what is going on with things like this is not a priority in my life with Barry.  OK?

103.          Thus, Connie Goudreau maliciously and with reckless disregard for the truth, ignored the access she had to the truth, and instead posted implications that Scholz was delaying or preventing release of a tribute concert DVD.


            Defamatory postings by "Getchasumm”  on the internet.

104.          Someone using the name "Getchasumm” has posted several other defamatory statements blaming Scholz for Brad Delp’s suicide in the comments section following various BOSTON and Delp videos (concert videos, tributes, interviews, etc.) posted on the website YouTube.com.  Getchasumm’s defamatory postings (and some responses thereto by third parties) include the following:

Video:  "Dreams – Barry Goudreau Brad Delp Boston”

Getchasumm (approx.  March 2007):  
"Seems all the battles between Tom and present and past Boston members was too much for Brad to take any more.  So he killed himself.  How can Tom Scholz now sleep at night?  What an asshole.”
Raymisra (in response) (approx.:  mid-September 2007):
"Aw, man, is THAT what it was?  I had wondered.  Aw, Brad, Tom Scholz was NOT worth dying over . . . such a waste.”

Getchasumm   (approx. March 2007): 
"Tom Scholz hopefully burns in hell for killing dear Bradley Delp!”

Getchasumm   (approx. March 2007): 
"micki delp said,
March 21, 2007 @ 2:13 am
DELP’S WIFE BLAMES SCHOLZ
Launch Radio Networks reports:  The ex-wife of late Boston singer Brad Delp blames long-standing issues within the band for Delp’s suicide.  Micki Delp told The Boston Herald that Brad has always been stuck in the middle of fights between bandleader Tom Scholz and former members of the group, and that the past 30 years’ worth of tensions finally got he better of him.”


Getchasumm   (approx. March 2007):
"So for all you nuts sayiny its ME throwing dirt at Tom, think again!    THIS was what Tom Scholz was ALL about.  Brad did NOT wanna tour w/out Fran Cosmo, and both Cosmos had been turfed from the group.  Why?  They said ‘…of the group Boston’ for one of their solo shows.  Petty shit like this, but Tom, killed Brad!”

Getchasumm   (approx. March 2007):
"Brad was murdered by Tom Scholz . . . . it seems Tom would rather Brad died before an animal!  The irony to all this is that if you read the liner notes of a Boston album, Tom comes off as a humanitarian and socially-conscious guy, but in reality he was a prick!”

Justagirl58   (approx. May 2007):
"Hey getchasumm [ . . . ]
For those who are taking swipes at Micki, SHE was living it . . maybe she and the rest of the band know something we don’t.  So many people saying the same thing about TS.”


Getchasumm   (approx. August 2007):
"While visiting Spokane Washington recently, I got a t-shirt custom made there.   It states, on the front, in bold black letters:   ‘Tom Scholz killed Brad Delp”  . . .  on the back, is:  ‘Boston, 1976-2007.’  I wore it to a Godsmack concert in Tacoma recently, and a ZZ Top/Pretenders concert the other night.  The response has been amazing!

Getchasumm   (approx. August 2007):
"About 50% of the people that comment on the shirt are curious as to WHY I claim Tom killed Brad.  25% agree with me, and another 25% are Tom worshippers.  I go on to say two things . . . . "

Getchasumm   (approx. August 2007):
"1) money, fame, good locks, and being in one of the 1970’s/80’s biggest bands, such as Brad was, do NOT guarantee happiness.  And 2), a gun or knife is not always needed to kill someone.  Sometimes being a power-mad, insensitive asshole will do it too!” 

Video:  "Tribute to the late Brad Delp of Boston – R.I.P. (Cryin’ver)”

Getchasumm (approx.  March 2007):  
"In other words, Scholz murdered Brad Delp!”

Getchasumm   (approx. March 2007): 
"micki delp said,
March 21, 2007 @ 2:13 am
DELP’S WIFE BLAMES SCHOLZ
Launch Radio Networks reports:  The ex-wife of late Boston singer Brad Delp blames long-standing issues within the band for Delp’s suicide.  Micki Delp told The Boston Herald that Brad has always been stuck in the middle of fights between bandleader Tom Scholz and former members of the group, and that the past 30 years’ worth of tensions finally got he better of him.”


Getchasumm   (approx. March 2007): 
"well well well .  It seems the master guitar guru was in some part responsible for Brads "untimely” death!  (suicide)  Dont think so?  Go check out the Boston Herald online, and read up.  Turns out Toms constant acrimony with present and past Boston members helped stress Brad out too much!  Thanks Tom.  F___ing asshole.”

Video:  "BOSTON BRAD DELP LAST CONCERT 11/06 PT. I”

Getchasumm  (approx. August 2007):
"Tom Scholz should burn in hell.  He caused Brad’s death by being a mean, heartless, lawsuit-happy prick!  The Cosmo twins, who Tom tried sueing in late 2006, should tell him to f___ off when he comes calling for a vocalist!”

Getchasumm  (approx. August 2007):
"Anybody that knows anything about this, knows the truth.  The old members of Boston tried putting this together for Flutie.  When Tom the jerk found out, he went behind their backs, had "his” people re-arrange things so HE was involved, not the others.  This was simply one piece of the puzzle as to why Brad killed himself!”

Video:  "Tribute to the late Brad Delp of Boston – R.I.P (MTAF v.)”

Getchasumm   (approx.  September 2007):
"tom scholz killed brad delp.   end of story!”

Getchasumm   (approx.  March 2007):
"plain and simple, Tom killed Brad Delp.  Scholz was a controlling, power-mad, heartless, lawsuit-happy prick!  The blood of Bradley’s death should be splattered all over that egomaniac f___head Tom Scholz.  [ . . . ]”

Video:  "My Tribute to Brad Delp”

Getchasumm   (approx. September 2007):
"hey melissa minors:  what you say about micki delps comments?  She not know of what she speak?   give it a f___ing rest!  [ . . . .]”

Getchasumm   (approx. September 2007):
"Tom Scholz caused Brad’s death.  Anyone that knows these guys knows that to be the 100% truth!!!  Rot in hell, Tom.  [ . . . .]”

Getchasumm   (approx. March 2007):
"The blood of Brad’s death should be ALL OVER Tom Scholz.  End of story.  [ . . . ].”


105.          On information and belief, Micki Delp is responsible for Getchasumm’s statements.  The information and belief is based upon the fact that some of Getchasumm’s postings are also re-publications of Micki Delp’s aforementioned defamatory statements to the Boston Herald.  Getchasumm’s statements are also evidence of damage to Scholz’s reputation as a result of Micki Delp’s statements to the Boston Herald.

106.          Scholz is the holder of many patents, including several for equipment used by rock musicians.  Several of Getchasumm’s foregoing postings also appeared in the comment section of a guitar website, on a page dedicated to equipment designed by Scholz, such as the Rockman products, located at:   www.guitarbootcamp.com/effects/rockman-gear/.  Such postings have damages Scholz’s reputation among those who own and purchase (or potentially purchase) his inventions.


Count I

Defamation

Scholz v. Micki Delp and Connie Goudreau

 

25.              Scholz repeats and realleges herein all the foregoing paragraphs.

26.              As set forth above, Micki Delp and Connie Goudreau made defamatory statements, orally and in writing, regarding Scholz and caused them to be published to third parties.

27.              All of Micki Delp’s and Connie Goudreau’s defamatory statements were published with knowledge that they were false or with a reckless disregard of their falsity.

28.              As a result of Micki Delp’s and Connie Goudreau’s defamatory statements, Scholz was exposed to public hatred, ridicule, and/or contempt by a considerable and respectable class in the community.

29.              As a result of Micki Delp’s and Connie Goudreau’s defamatory statements, Scholz’s reputation was harmed so as to lower him in the estimation of the community and/or to deter third persons from associating or dealing with him.

30.              As a result of Micki Delp’s and Connie Goudreau’s actions, Scholz has suffered damage to his reputation and has suffered emotional distress damages.

 

Count II

Defamation

Scholz v. Jane Doe

 

31.              Scholz repeats and realleges herein all the foregoing paragraphs.

32.              As set forth above, Jane Doe made libelous statements regarding Scholz and caused them to be published to third parties.

33.              All of the defamatory statements by Jane Doe were published with knowledge that they were false or with a reckless disregard of their falsity.

34.              As a result of these defamatory statements, Scholz was exposed to public hatred, ridicule, and/or contempt by a considerable and respectable class in the community.

35.              As a result of these defamatory statements, Scholz’s reputation was harmed so as to lower him in the estimation of the community and/or to deter third persons from associating or dealing with him.

36.              As a result of the actions of Jane Doe, Scholz has suffered damage to his reputation and has suffered emotional distress damages.

 

Count III

Tortious Interference With Advantageous Relations

Scholz and DTS Charitable Foundation, Inc. v. Micki Delp and Connie Goudreau

 

37.              The DTS Charitable Foundation, Inc., repeats and realleges herein all the foregoing paragraphs.

38.              Scholz and The DTS Charitable Foundation, Inc., each had advantageous relations with many third parties.

39.              Micki Delp and Connie Goudreau each knowingly and intentionally interfered with those advantageous relations.

40.              In addition to being intentional, Micki Delp’s and Connie Goudreau’s interference was accomplished by improper motive and/or means.

41.              Scholz and The DTS Charitable Foundation, Inc., were harmed by Micki Delp’s and Connie Goudreau’s actions.

 

Count IV

Civil Conspiracy

Scholz and The DTS Charitable Foundation v. Micki Delp and Connie Goudreau

 

42.              Scholz and The DTS Charitable Foundation, Inc., repeat and reallege herein all the foregoing paragraphs.

43.              Micki Delp and Connie Goudreau had a common design or an agreement, whether implied or express, to cause tortious interference with Scholz’s and The DTS Charitable Foundation’s advantageous relations.

44.              Micki Delp and Connie Goudreau, as a result of that common design or agreement, did tortiously interfere with Scholz’s and The DTS Charitable Foundation’s advantageous relations.

45.              As a result thereof, Scholz and The DTS Charitable Foundation have been harmed.

Request for Relief

            WHEREFORE, Plaintiffs Donald Thomas Scholz and The DTS Charitable Foundation, Inc., ask this Honorable Court to:

i.          Issue a temporary restraining order restraining Defendants Micki Delp and Connie Goudreau and their agents and employees from transferring, secreting, destroying, erasing, deleting, or altering any evidence in this action, including but not limited to their computers and hand-held devices, and any or all documents and communications that are the subject of this Complaint or that otherwise refer to Donald Thomas Scholz (a/k/a/ Tom Scholz) and/or The DTS Charitable Foundation, Inc., including but not limited to any and all documents and communications maintained on any business or personal computer or electronic file in their possession, custody, or control, maintained or sent under any name or alias, and ordering them to preserve all such computers, hand-held devices, documents, and communications.

 

ii.          Issue an Order of Notice on a hearing for preliminary injunction.

 

iii.         Issue a Preliminary Injunction on the same terms as the foregoing temporary restraining order.

 

iv.         Under Count I, enter judgment in favor of Scholz and against Micki Delp, and award Scholz his damages for harm to reputation and for emotional distress and for all special damages proven;

 

v.         Under Count II, enter judgment in favor of Scholz and against Jane Doe, and award Scholz his damages for harm to reputation and for emotional distress and for all special damages proven;

 

vi.         Under Count III, enter judgment in favor of Scholz and The DTS Charitable Foundation, Inc., for Micki Delp’s and Connie Goudreau’s tortious interference with its advantageous relations, awarding it damages therefor;

 

vii.        Under Count IV, enter judgment in favor of Scholz and The DTS Charitable Foundation, Inc., for Micki Delp’s and Connie Goudreau’s civil conspiracy, awarding it damages therefor;

 

viii.       Award Scholz and The DTS Charitable Foundation, Inc., their costs and attorneys' fees reasonably incurred in pursuing these claims;  and

 

ix.         Grant Scholz and The DTS Charitable Foundation, Inc., any other relief which this Court deems appropriate.

 


JURY DEMAND

            Plaintiffs Donald Thomas Scholz and The DTS Charitable Foundation, Inc., hereby request a trial by jury on all claims and issues so triable.

 

                                                            Respectfully submitted,

DONALD THOMAS SCHOLZ
and THE DTS CHARITABLE
FOUNDATION, INC.,
Plaintiffs, By their counsel,

  

___________________________________

Lawrence G. Green,   BBO No. 209060
Susan E. Stenger,    BBO No. 555552
BURNS  & LEVINSON LLP
125 Summer Street
Boston, MA  02110
617-345-3739
 

 

VERIFICATION


 

            I, Donald Thomas Scholz, hereby depose and say that I have read the foregoing Verified Complaint, and that the allegations therein are true based upon my personal knowledge and/or upon information which I believe to be true.   Signed this _____ day of October 2007.

 

 

___________________________________
                                                                  DONALD THOMAS SCHOLZ                        
 
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