Investigators from Beau Dietl & Associates, a private firm hired by Versata to investigate Ford’s software theft, questioned an independent contractor who performed work on Ford’s PDO software but was not herself a Ford employee. The investigators, former decorated police officers, were invited into the home by the contractor’s husband and left after briefly questioning her.
Ford filed a motion requesting a protective order to restrict Versata in questioning non-Ford employees as part of Versata’s own fact-finding. Ford submitted, on their own attorneys’ letterhead, an affidavit from the independent contractor containing misleading accusations that the investigators from Beau Dietl & Associates entered her home without permission and engaged in thuggish tactics.
The judge in the Versata-Ford dispute denied a motion filed by Beau Dietl & Associates as a non-party requesting the judge to strike the contractor’s defamatory and false affidavit from the record. Beau Dietl & Associates was seeking to protect their reputation as one of the preeminent investigation firms in the world.
Versata properly served subpoenas on the independent contractor and her husband requesting they provide documentation regarding the software at issue and the false affidavits submitted on June 30, 2015. The subpoenas also requested the contractor and her husband appear for depositions to testify about the software at issue and the false June 30, 2015 affidavits.
After Ford refused to provide documentation and deposition testimony regarding the June 30, 2015 false affidavit, Versata was forced to file two motions in the Ford-Versata case. Versata filed a motion to compel the contractor and her husband to provide the evidence properly requested in the subpoena, and Versata filed a motion to disqualify Brooks Kushman, attorneys for Ford, from representing the contractor because of Brooks Kushman’s possible role in the procurement of the false June 30, 2015 affidavit.
The judge in the Ford-Versata dispute granted Versata’s motion to compel the independent contractor to answer deposition questions about the June 30, 2015 affidavits and Ford’s potential involvement in the drafting of these affidavits. The two parties agreed that the contractor and her husband should have independent counsel from Brooks Kushman, the attorneys for Ford.
Super Spin: Lanny Davis, Bo Dietl and the Court of Public Opinion
There are some lawyers who, when asked to comment on litigation, reply with a slight sneer, “We don’t intend to try our case in the media.” And there are others who seem to like nothing more—because sometimes, the court of public opinion is exactly the right forum for a dispute. Case in point: a press conference on Friday by Lanny Davis and his client, former New York City police detective Richard “Bo” Dietl.
FORMER LAW ENFORCEMENT OFFICIALS ASK FORD MOTOR COMPANY TO APOLOGIZE AND WITHDRAW LIES ABOUT THEM FROM FALSE AFFIDAVITS PREPARED BY FORD
Attorney Lanny J. Davis files motion in Michigan federal court representing renowned investigator Beau Dietl and former police officers
Filing says there is serious danger to the former law enforcement officers’ reputations, and that Ford’s lies existing on the Internet are the equivalent of a “ticking time bomb”
New York, NY (October 9, 2015) – In a motion filed Thursday in the United States District Court for the Eastern District of Michigan, Beau Dietl & Associates (“BD&A”) accuses Ford Motor Company (“Ford”) of defaming and lying about Beau Dietl and his accomplished team of investigators, including former Detroit and New York City police officers. Dietl and his attorneys – Lanny J. Davis of Washington, D.C. and Martha J. Olijnyk of Rochester, Michigan – are asking Ford to withdraw its lies and apologize.
In a case involving Versata Software Company (“Versata”) and Ford, Bo Dietl and his investigators interviewed witnesses as part of their investigative process. In response, Ford prepared affidavits in an effort to block the investigation. These affidavits contain false accusations of criminal conduct, and unprofessional and thuggish behavior – all of which pose a serious threat to the former law enforcement officers’ reputations, and to BD&A’s business. BD&A explored various legal options, and after lengthy consideration finally decided that this was the only option.
Dietl’s Motion states: “[We] were doing [our] job, professionally, respectfully and properly. In return, Ford has made scurrilous and defamatory accusations, under the shield of ‘litigation.’ It continued, “Ford was involved in the drafting of witness declarations, which accused highly decorated former police officers of criminal conduct, such as trespass … Ford should apologize to the former law enforcement officials and withdraw their lies.”
The filing is named “Motion for Equitable Relief Striking or Expunging Scandalous Material from the Record and for a Finding of Falsity of the Material.” “Ford is cloaking character assassination in the guise of a legal pleading in order to protect itself from defamation,” Dietl said in a national telephonic press conference held today. “These affidavits are a ticking time bomb to our reputation, and they could be fatal to our continued business if left uncorrected.”
The Motion further described the primary issue in the very first paragraph, stating:
“Ford Motor Company falsely accused [the decorated former law enforcement officers] of thuggish and unprofessional behavior in the materials it filed in this lawsuit. [We] have strong professional and personal interests in removing the stain on their reputations created by Ford’s false accusations. These accusations, which are accessible to the public over the internet, have the potential to cause serious professional and economic harm. Indeed, if Ford had made these accusations outside the courtroom, they would constitute defamation per se.”
To clear their reputations, BD&A is asking the Court to hold a public hearing on the evidence behind these accusations and, after hearing the evidence, to expunge the record.
“These filings against Beau Dietl and his team are yet another example of the ongoing pattern of trickery, deception, and lies by Ford Motor Company,” said Davis. “We will not stand for defamatory comments against good, honest professionals – whether they are deceptively hidden behind the shield of a legal pleading or not.”
This is in reference to case number 15-10628, Ford Motor Company v. Versata Software, Inc. and Richard Bo Dietl et al, in the United States District Court for the Eastern District of Michigan.
About Beau Dietl & Associates
Beau Dietl & Associates (“BD&A”) is a premier private investigation company based in New York City with offices in New Jersey, Florida and California. It has affiliates in every large city across the United States through its unique Investigations.com network. BD&A also has partners around the world in almost every country. These contacts were developed from over 30 years of experience in the private investigations and security sector. What differentiates BD&A from others in the investigative industry is one word – experience. Its goal is to provide the most comprehensive and thorough investigations. Prompt turnaround, quality investigations, and continuing communication make Beau Dietl & Associates the benchmark for excellence in security and investigations. Visit www.investigations.com.
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