IN THE FIFTEENTH JUDICIAL CIRCUIT
OF THE CIRCUIT COURT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
Case No. CL-88-7337 AD
Fla. Bar No. 357189
DONALD SCHULTZ,
Plaintiff,
vs.
LARRY EVANS and CHESSTOURS,
Defendants.
____________________________/
VERIFIED
SECOND AMENDED COMPLAINT
Petitioner, DONALD SCHULTZ, sues LARRY EVANS and CHESSTOURS, and states:
1. Plaintiff, DONALD SCHULTZ, is a resident of Palm Beach County, Florida, and at all times material hereto represented the UNITED STATES CHESS FEDERATION ("USCF") as its delegate to the world chess federation knows as the Federation Internationale des Echecs ("FIDE").
2. Defendant, Larry Evans ("Evans"), is a resident of the State of Nevada, and is a journalist writing nationally syndicated articles concerning technical and political aspects of chess. EVANS is one of thirty-two United States grandmasters.
3. Defendant, CHESSTOURS, a proprietorship operated by EVANS, is in the business of syndicating EVANS' articles nationwide in a variety of print and electronic media, which is published to the masses, throughout the world, including publication to a substantial number of people within the State of Florida.
4. Leisure LINC, Inc., ("Leisure LINC"), is a service that enables a national network of personal computer users to be connected via telephone. Leisure LINC provides a number of services to its subscribers, and each subscriber has the capacity to communicate with Leisure LINC as well as the other subscribers through the system. Leisure LINC has hundreds of stations through out the country, including in excess of 40 within the State of Florida.
5. At all times material hereto, EVANS, through CHESSTOURS, wrote articles for the Leisure LINC as a correspondent. These articles appeared in the news sections of Leisure LINC, and was transmitted to all stations and available to all subscribers, including in excess of 40 within the State of Florida.
6. In addition, at all times material hereto, EVANS and CHESSTOURS caused to be published articles that contained false and defamatory statements about plaintiff, SCHULTZ in nationally and internationally distributed magazines and newspapers, including, but not limited to, INSIDE CHESS and CHESS LIFE magazine, and the LOS ANGELES TIMES newspaper, all of which are received by a substantial number of subscribers in the state of Florida. INSIDE CHESS is received by approximately 2,000 subscribers across the Country with over 100 subscribers within the State of Florida. The LOS ANGELES TIMES has over 360 subscribers in the State of Florida.
LIBEL AND SLANDER
8. Plaintiff realleges and reavers the allegations contained in paragraphs 1 through 6 of the complaint, as if fully set forth herein.
9. On or about December, 1987, Larry Parr, a close friend of Evans and the editor of CHESS LIFE, a monthly periodical published by the USCF, was fired. Sometime between December, 1987, and March, 1988, Parr and EVANS developed the mistaken belief that SCHULTZ was responsible for Parr's termination.
10. Since the firing of Parr, EVANS has undertaken a malicious crusade to destroy the reputation of SCHULTZ in the national and international community and has succeeded in forcing SCHULTZ to resign as the USCF delegate to FIDE.
11. Beginning in March, 1988, EVANS has written and CHESSTOURS has caused to be disseminated false statements regarding SCHULTZ that have been published to a substantial number of people within the State of Florida over the Leisure LINC network, to which EVANS acted as a correspondent. These statements include the following:
A. A statement of fact by EVANS published on May 8, 1988, and May 12, 1988, over Leisure LINC falsely stated that during a FIDE general assembly debate regarding disciplining Spanish master Richardo Calvo; "a tape recording has him (Schultz) calling for a 'Big Vote' against Calvo so as to teach journalists a lesson." Plaintiff never said "to teach journalists a lesson" and there is no tape recording verifying the alleged statement.
B. On March 28, 1988, EVANS as correspondent for Leisure LINC, caused to be published a false statement of fact that SCHULTZ was responsible in the selection process of a title match appeals committee that was "blasted" by the World Champion. Plaintiff had no involvement or responsibility in the selection process of a title match appeals committee. The specific statement referred to is; "We interviewed the World Champion who blasted the makeup of a title match appeals committee that Mr. Schultz by his own admission helped to select."
C. On March 2, 1988, EVANS through his proprietorship CHESSTOURS, as a correspondent for Leisure LINC, published a false report of an alleged telephone conversation between Schultz and Larry Parr, then the Editor of CHESS LIFE magazine, a monthly periodical published by the USCF in which Defendants report the following false statements allegedly made by Parr: "... during the Olympiad that November, (USCF) President E. Steven Doyle had ordered a news blackout from Dubai. I heard this from several other sources, including our FIDE delegate Don Schultz, who said the same thing to Lev Alburt. Don told me this after he got back to America when I phoned him in white hot anger about the lack of news." In fact there was no news blackout, nor were there any telephone calls from Plaintiff to Parr.
D. Defendants, in the nationally syndicated column "CLOSE CONTEST," written by EVANS and disseminated by his proprietorship, CHESSTOURS, to publications with a substantial number of subscribers in the State of Florida, falsely stated as fact that SCHULTZ was the driving force behind an effort to punish players who played in forbidden places. The specific statement is; "This is so alien to the American spirit, it is hard to believe our own delegate to FIDE was one of the driving forces behind these motions."
E. In the same column, EVANS falsely stated as fact that: He (Schultz) is a politician grasping at straws, trying to restore his credibility and his tattered reputation. But every time I take pity, I think back to how he carried out Campo's orders in getting the Chess Life editor fired by savagely knifing him in the back." SCHULTZ was never involved in the firing of Parr.
F. EVANS, through his proprietorship CHESSTOURS, as a correspondent of Leisure LINC, caused numerous articles to be published in which false statements of fact were made that accused SCHULTZ of involvement in the blacklisting of the six Soviet defectors from an aborted match with the Soviet Union, claiming that SCHULTZ had inside knowledge of the blacklisting, including:
i. On January 23, 1988, EVANS published over Leisure LINC the following false statement of fact; "Don was one of the key players in acting as an intermediary with Campo and the Soviets in the aborted USA/USSR match set for Atlantic City in 1986. Don also appeased the Soviets by collaborating in an attempt to exclude six ex-soviet Jews from our lineup."
ii. On July 16, 1988, EVANS published over Leisure LINC the following false statement of fact; "In addition USCF Binfo #86-255 dated 12/9/85, among the many other to which Don was privy stated: 'They therefore request that we don't play any Soviets on our team (e.g. Dzindzchavili, Lein, Shamkovich, Alburt, Zaltsman.)'" Plaintiff was not privy to this alleged BINFO, nor was it known to him before the Evans/Parr allegation.
G. On July 15, 1988, EVANS, through his proprietorship CHESSTOURS, as a correspondent of Leisure LINC, falsely published as fact on the Leisure LINC the following: "During his ten-year tenure, Don Schultz failed to bring a single international tournament or even a FIDE event to these shores."
H. Also on July 15, 1988, EVANS, through his proprietorship CHESSTOURS, as a correspondent of Leisure LINC, falsely published as fact on the Leisure LINC the following: "But even worse, as Gary Kasparov noted (see interview in June, 1988 CHESS LIFE), the allies of Mr. Schultz - Krogious in the Soviet Union and Campomanes in FIDE - were instrumental in deflecting the 1987 Championship match from Seattle to Seville." The contents of this alleged Kasparov statement were false.
I. EVANS through his proprietorship CHESSTOURS, published a news item in the Sunday LOS ANGELES TIMES dated June 26, 1988. The article stated the following as fact: "Many of the leading players have signed a petition calling for the replacement of the U.S. Chess Federation's representative in the World Chess Federation, ... Evans circulated the petition... Evans managed to collect 22 signatures." The fact is that there is no actual signed petition.
12. These statements were published by defendants to a substantial number of people, including a substantial number of people within the State of Florida, with malicious intent, and with the knowledge that the statements were false, or with reckless disregard for the truth.
13. The statements were published by defendants with the intent to bring SCHULTZ into ill repute within the chess community and have acted to destroy the confidence of his peers in the national and international chess communities.
14. SCHULTZ's reputation has been severely damaged by the falsehood stated above, and he will continue to suffer damages in the future. For example, on July 24, 1988, the Connecticut State Chess Association voted to censure SCHULTZ for his alleged activities as falsely reported by defendants. In addition, as the direct and proximate a result of the damage to plaintiff's reputation from defendants' slanderous statements, he has been forced to resign as the USCF delegate to FIDE.
15. SCHULTZ planned to retire from a fruitful career at I.B.M., in part to devote more time to chess and his positions in the national and international chess communities. As the direct and proximate result of defendants attacks, plaintiff was forced to retire several months earlier than planned to defend himself from the constant attacks by defendant that were seriously damaging plaintiff's reputation. Plaintiff has suffered actual damages by his retirement earlier than planned.
16. SCHULTZ was one of the most respected FIDE delegates in the world, as evidenced by his election to the FIDE Executive Board by receiving the greatest number of votes in FIDE history. SCHULTZ is only the second American to be elected to the Executive Board, and stood a solid chance of becoming the first American president of FIDE. As the direct and proximate result of EVANS's libelous statements, Plaintiff is damaged in his ability to continue in his career as an international delegate, and his reputation in FIDE has been permanently damaged.
17. Although defendant is an individual rather than a media defendant, Plaintiff served notice in writing to Defendants at least five days prior to the institution of this action. A copy of said notice is attached hereto as Exhibit "A," and incorporated herein by reference.
WHEREFORE, Plaintiff, SCHULTZ, demands that this Court enter a judgment in his favor against Defendants, Larry Evans and CHESSTOURS, for compensatory damages in excess of Five thousand ($5,000.00) and punitive damages in the amount of Ten Million ($10,000,000.00) Dollars, court costs and attorney's fees.
DEFAMATION
19. Plaintiff realleges and reavers the allegations contained in paragraphs 1 through 6, 9, 10, 11(I) 15, 16 and 17, of the complaint.
20. EVANS, through his partnership CHESSTOURS, caused to be published a news item in June 26, 1988, Sunday edition of the LOS ANGELES TIMES newspaper, and reported in CHESS LIFE magazine, INSIDE CHESS magazine, Leisure LINC and other national and international publications, the following false statement of facts; "Many of the leading American players have signed a petition calling for the replacement of the U.S. Chess Federation's representative in the World Chess Federation ... Evans circulated the petition ... Evans managed to collect 22 signatures." In fact, no such petition was ever existed.
21. The alleged existence of the petition is fraudulent on its face in that none of the Grand Masters claimed as signatories to the petition actually signed a petition.
22. The petition is fraudulent pro quod in that while defendants obtained the acknowledgment of some of the Grand Masters allegedly named in the non-existent petition, the acknowledgments were obtained through misrepresentations, deceitful statements made by defendant, EVANS, to the Grand Masters, including the statements listed in paragraph 11, above, and but for these statements the Grand Masters would not have agreed to being named in the petition.
23. SCHULTZ's reputation in the national and international chess community has been damaged by the fraudulent statements made directly to the Grand Masters which resulted in several of these Grand Masters calling for the removal of SCHULTZ as the USCF delegate to FIDE, with the damage being further compounded by the reported existence of a petition by these Grand Masters to the world chess community.
24. EVANS and CHESSTOURS published the petition with the knowledge of its falsity or reckless disregard for the truth, and published the petition with the specific intent of damaging SCHULTZ's reputation.
WHEREFORE, plaintiff, SCHULTZ, demands that this Court enter a judgment against Defendants, EVANS and CHESSTOURS, for compensatory damages in excess of Five Thousand ($5,000.00) Dollars and punitive damages in excess of Ten Million ($10,000,000.00) Dollars, costs, interests, and attorneys' fees.
INJUNCTION
26. Plaintiff reavers and realleges the allegations contained in paragraphs 1 through 6, 9 through 17, and 20 through 24, of the Complaint as if fully set forth herein.
27. Defendants, EVANS and CHESSTOURS, continue to disseminate false and libelous statements regarding Plaintiff, SCHULTZ.
28. As the statements are made, SCHULTZ suffers and continues to suffer damage to his reputation for which there is no adequate remedy at law, because of his inability to stop defendant from continuing defamations except by a multiplicity of lawsuits.
29. Unless defendants are restrained and enjoined from publishing libelous and defamatory statements, Plaintiff will suffer great and irreparable harm, that will lead to the complete and unfounded destruction of his reputation in the national and international chess community.
WHEREFORE, Plaintiff, SCHULTZ, demands that this court temporarily and permanently enjoin defendants, EVANS and CHESSTOURS, from disseminating and publishing falsehoods, and defamatory and libelous statements regarding Plaintiff Schultz.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by mail this 5 day of September, 1989, to MARK ELLIS SOLOMON, ESQUIRE, 3100 Clay Avenue, Suite 251, Orlando, Florida 32804.
/s/ Robert B. Resnick
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ROBERT B. RESNICK, ESQ.
/s/ Donald Schultz
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DONALD SCHULTZ
BEFORE ME, the undersigned authority, personally appeared DONALD SCHULTZ, who after being duly sworn, deposes and states that the statements are true and correct.
Witness my hand and seal this 31st day of August, 1989.
/s/
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Notary Public
State of Florida
LAW OFFICES OF
ROBERT B. RESNICK
Attorney for Plaintiff
7301 W. Palmetto Park Road
Suite 102 C
Boca Raton, Florida 33433
(407) 338-4022
BY: /s/ Robert B. Resnick
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ROBERT B. RESNICK, ESQ.
Fla. Bar No.: 357189