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September 30, 2019

Comments

Dear David,

Apparently I struck a nerve, although that was not my intention. To be clear, I have not defamed your parents, who as far as I can tell are fine businesspeople with a long and distinguished record in our community. Defamation has a legal definition, and it involves demonstrable financial harm. Your folks are to be congratulated for the City contracts they have recently bid on and won, like the one for $3.7 million on September 17. Felicidades! And I am glad to hear that your family is not interested in bidding on projects that hurt the public financially and it is nice to know that you still oppose the "Arena" even though you find my litigation offensive (?).

You, on the other hand, have libeled me repeatedly, calling me a liar very publicly and just about everything else. You very intentionally spread misinformation about me and my positions on private property rights. You have a clear pro-Margo agenda and evidently support his administration's brand of crony capitalism, on TIRZs for example. (That your wife was a leader on Dee's campaign team during his Texas Senate run shows just how close you are to the Margo family.) Moreover, you have never once tried to contact me in order to learn firsthand about my positions, which are about 50% of the topics on your blog, because your intent is to discredit me rather than learn the truth about anything. Case and point: you refuse to explain to your followers the difference between a National Register District (which I support because it comes with NO regulations) and a Local Historic District, because it does not suit your purpose.

It is interesting to me that you would threaten legal action against me, you and Jaime both, for exercising my speech within the law. I thought you were in favor of free discourse and discussion. If you can stomach Nazis and anti-Semites on your blog, surely you stand a little blowback from the guy you like to crap on almost every day of the week.

Have a nice day.

Max has a funny way of saying DavidK's parents are fine business people. In two posts on a previous blog post he infers that somehow the Karlsruher family business benefits from certain public projects and private projects. Changed his tune all of a sudden.

Grossboy,

David never threatened legal action against anyone. He simply pointed out that the people you keep inferring are corrupt could go after you for defamation. I don't know why you keep bringing his parents into this and then deny that you are making an accusation about their business practices. You did it in your comment after saying that you don't do it. You should also know that David knew Margo almost a decade before his wife worked for him. It goes to show you how misinformed you are. You would also know that Dee's family members do not care for David or his wife at all. I'm confused as to why you wouldn't know this as you seem to come from a place of knowledge on the Mayor. You must have not read newspaper tree. I think it is childish of you to suggest false motives on David's part because you can not refute the points he makes. Try harder.

Dear max, touche on your great, pointed and fact based response to David k. I laughed all the way through. David should start off citing the specific defamatory comments he claims you made and then refute them with his version of the truth. What are blogs for, right?making money off city contacts is not an illegal activity in of itself. So what's he belly aching about? You never said or insinuated his parents engaged in bribery. That would be defamatory IF not true. And the truth is a defense. David doesn't know squat about litigating a libel lawsuit. And painting someone in a bad light also is not libelous. And thanks to his republican Texas legislature clamping down on "frivolous"defamation suits, when one loses, which is easy to do these days on a STRONG case, on a REAL case, the plaintiff can expect to pay hefty fines and legal fees to the defendantfor wasting everyone's time.

For me, the legitimacy of Max's case rests on the deception perpetrated by the city to sell the bond issue to the public. It was to be a stealth venue project. I hope he succeeds for that reason alone.

I also agree with David on the issue of the cultural center. For my money they could park a couple of taco trucks in front of the library and call it the cultural center.

Warrior lawyer: MaxG’s veiled threat to sue DavidK for alleged slander has the same criteria. Max would have to prove economic harm and do it within 60 days of the filing. Max would most likely be deemed a public figure because of his very open battle with the city and his numerous telephone and media appearances on the subject.

Either way, Max should never engage a blogger. Makes him look petty and small.

Wanna be lawyer, your argument that a blogger should not be engaged bc presumably the blogger is inconsequential. So why does David k write? Why do you read? Why do you write? I agree David k is pennyanny. But he is a bully. He is part of the el paso tx set up. And so here is the fight. He's pennyanny and without proper facts. When called on it, he replies with threats. So here is the reply. He is a dumb ass and does not know about libel suits and has in fact himself been sued for defamation and had to retract.

Is it me or is Lawyer warrior obviously Max Grossman brigading the comments here? Lawyer warrior makes the same veiled claims with his ridiculous premise that David K must prove his parents don't receive contracts in exchange for his blog posts. the part where the truth is a defense is an interesting, but obvious theme with Max or his alter ego Lawyer Warrior here. If Max is not defaming David's parents, why would they have to prove anything? Max posts a comment under a different name and gets caught because of his flawed logic. And if you ever read the suit against David it was pretty laughable. Being sued for something and actually having a judgement against you are two different things. I can sue anyone for anything at anytime and that doesn't mean they did what I alleged. As someone who followed the lawsuit I know that the suit was dropped because of something the judge required out of the plaintiff. David had erroneously issued an apology just to make the case go away even though it had already been dropped. That's why you cannot find the apology now. Later the person that unsuccessfully sued David actually got in trouble for the very things people suspected he was doing. It looks like that even had David actually made an accusation about the person he would have been right. Max should stand up for himself as himself.

The Real Max,

The suit had not been dropped. I agreed to unhurt the plaintiff's feelings as he was no longer interested in pursuing the matter and was only looking for an apology from the beginning. I was sued not for what I wrote on my blog, but for my Newspaper Tree piece that dared him to sue me. It was quite a funny deposition, by the way.

Love,

David K

I am observing and David my thoughts are you would do better to leave out getting personal and to just stick to the issues.
1)You were sued for libel and you had to correct the record and apologize. Why? Because you were in the wrong and you got personal and you did not stick to the facts and you defamed someone. Did you learn anything? Nope.
2)The bond language never mentioned arena. Therefore the voters never voted for an arena. That is a fact you simply cannot get around. The language of the bond measure stands on its own.
3) It is well known that those who receive big contracts from the city do not criticize others who receive big contracts from the city. If you do, it's probably not going to work out for you the next time you put in a bid.
4)The K family lands big contracts with the city as Max noted. It's just a fact.
Now lets look at your distortions David. For example, you don't say Max got into a fist fight at Pellicans but you infer it by saying, "Try not to get into any fist fights at Pellicans, Max." What's the point of making it look like Max gets into fist fights? Does it change the bond measure language to read arena? Nope. Does it change that you have tried to leave your readers with the impression that the measure read arena and that's what the voter voted for and therefore Max is thwarting the will of the voters when in fact none of that is true? Nope. Does it change the fact that you were sued for defamation and had to issue a retraction and an apology? Nope. Where does it land you David? Except in the gutter.
4) More distortions and obfuscations. Don't worry about who people are. You think warrior lawyer is Max. You're probably going to think I am Max. Go ahead. So what? I don't care. Does it change the bond language? Nope. Does it change the fact that your family makes money off of city contracts which might explain your motive to pretend the bond language said arena and why you would be obsessed with attacking Max personally rather than dealing with the facts? Probably. I can think of no other reason why you would be so obsessed with an individual who has exercised his right to expose a corrupt project by pointing to the fraud that it was voted for and voted on, when it wasn't. Do city contract recipients stick together? Yup.

Let me get this straight. DavidK has written about this Durangito/arena issue from the standpoint of the lawsuits Grossman filed to stop the demolition of alleged historic properties. DavidK has been very clear that he has never supported an arena - ever. So DavidK isn't arguing about ballot language for the arena. He is arguing about property rights and Max's attempt to take away those rights via a side argument about ballot language. Pure and simple.

How an argument for property rights has morphed into defamation lawsuits and what projects his parents engineering and construction company may or may not have is totally off the subject.


Don't know exactly what what said, but before you all work yourselves into a lawsuit, you should know that financial harm is not always a requirement of a defamation suit -- especially when the statement implies a person committed a crime or impeaches that person's honesty or integrity.

An actual attorney, thank you! I can guess who "warrior attorney" is and they are not worth a penny.

Observant,

I was a victim of a frivolous lawsuit. But there was no SLAP law at the time and the judge was an elected judge and scared of the plaintiff - a plaintiff who refused to show up for court hearings by the way (strong case?? I think not). His attorney begged me to apologize from day one so they could move on and I refused because I had free attorneys and backing to get this guy into a deposition. A deposition he was very angry at having to attend and answer questions at. At that point I had won. Some very uncomfortable questions were asked and I have the very interesting answers to those questions in my possession. I've never really told any of you this before - but this was all by design. I had nothing to lose because I never said anything about the plaintiff. In fact, his lawsuit was full of errors - My language was clear on what I said and about whom and it wasn't about him. The problem was that my attorneys didn't want to go to trial just to embarrass the plaintiff. I agreed to say I was sorry for hurting his feelings and for any confusion one may have had about what I was said (there was no confusion - I clearly stated that the County Courthouse was corrupt, which was a fact.) I never retracted what I wrote. And I kind of felt sorry for the guy by the time we were set to go to trial. He was about to have his law license and complete livelihood taken from him. His entire world was being turned upside down and there I was just having a little fun at the guy's expense. It was time to let up. At no point was I guilty of defaming anyone. I was guilty of being a sneaky jerk... still am today.

Anywho. I know you are not Max... I can see who post comments from where and you've used a variety of names including your real name. And your idiotic statement about city contracts made everyone a little bit dumber today. The city can't take blog posts (positive or negative) into consideration when looking for the lowest bid or most qualified firm. It's flat out illegal to do so. Do you know how I know? Because a city council member tried to bar my parents from getting low bid contracts because I have a blog. The city attorney set that council member right. She was an idiot and it appears you are on her level. I'm sorry you know so little, but try so hard.

Love,

David K

Good morning David,

To address the issues:

1)You claim you attack Max because you are all for private property rights. Sounds so noble but only if it were true. That can't be the real reason because Max has never offended private property rights and there are none at stake in the litigation.

Eminent Domain is not a private property right and that is a weapon the city has threatened to employ in the Duranguito matter. Eminent Domain is the opposite of private property rights. It's the forcible taking of private property by the government.

The private property owners are free to:
-sell their property to a private owner;and
-free to demolish the properties with a proper permit.

Just like the rest of us.

There is no private property right in having the government purchase your properties with money that was set aside as bond money by the voters for a specific reason. The arena that the city wishes to finance with money approved by the voters is not a permitted project under the bond language and therefore the property owners have no right to expect that it be spent buying them out.

Max has advanced A National Historic Preservation designation for the area. This designation comes with no limitations on the property owners' rights. You refuse to acknowledge that. You have tried to confuse local historic designation limitations with the National designation. Why? Because you are sneaky?

So what is your real reason for your personal attacks on Max?

Your family has received city contracts over a period of many years. It's a matter of public record. I believe your family has received two contracts in the last 2 weeks amounting to over 5 million dollars from the City. Dee Margo is the mayor. Dee Margo loathes Max. One contract was awarded to your family yesterday to the tune of 1.8 million. Birds of a feather...

Secondly, you were sued for defamation and you had to concede your error and issue a retraction and an apology. You did not do those two things out of the goodness of your heart or because your lawyers sold you out. You did it because that was what was demanded from a person in the right. From the exchanges you have actually put your name to here, I see no goodness in your heart. But I did see an admission when you called yourself sneaky. Did your lawyers sell you out and make you say that?

Thirdly, you did not answer why you insinuated Max got into a fist fight at Pellicans. If you have the time, the date, and the other party's name, please post. If you post the time, the date and the name, it can and will be swiftly debunked and then here come the lawsuits.

Fourthly, as to my identity and others who have picked you apart here, not important. But I do understand you are curious. It's ok if you want to think I have posted under several aliases. I have not. You can get dizzy shooting at mirrors. If you claim that you can look this up then you need knew software because you are wrong. It does not matter.
I would be interested to know how eminent domain is a private property right? In what universe....

Observant and everybody else. You obviously have no understanding of the procurement process in El Paso. The contracts CSA has been awarded recently and in the past have absolutely nothing to do with who we support for public office. That's just not how it works. If Observant had done his research he would also know that we miss out on more contracts than we are awarded - engineering and construction. It's a fair process, we have no argument with the process and we follow the rules. To insinuate that we are corrupt in our business practices is insulting.

We have great respect for Bruce Collins, the director of Purchasing at the City of El Paso. He would never tolerate any interference from elected officials in the procurement process. His department was recognized yesterday for a National award for their purchasing practices.

DavidK has already written that our company has not participated whatsoever in anything to do with the proposed arena or any of the 2012 QOL bond projects. That is true. We have not responded to bids or requests for proposals for any of those projects.

I would suggest you all move along and leave CSA out of your conversation.

Eileen; "We have great respect for Bruce Collins, the director of Purchasing at the City of El Paso."

My experience exactly with Bruce, a positive force in city hall, going back a few years to be sure :)

Dear "max is losing it":

I have screensaved your comments and turned them over to my attorneys for review. I want you to immediately apologize for and formally retract your comment that I am sleeping with with my students, which is an allegation that is absolutely false, defamatory and harmful to my academic career. Your accusation is very specific and is intended to destroy my career and damage my reputation irreparably. I have never once had sexual relations with a student or romantic relations of any kind with a student, neither current nor former. You will find that your presumed anonymity can be stripped from you in short order.

how would a citizen pay to live in the duranguito slum if it was actually restored to the historical society's guidelines?
they wouldn't because it would be terribly expensive thanks to rising property taxes and such.
who cares anyway?
do you think Garth Brooks would sell out five shows in downtown el paso? where would his army of semis park?

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