My 6/24/05 Health One Initial Disclosures and Discovery Requests
I had Health One, Inc. served around 4/5/05 and a few weeks ago Kenneth Moyer, the attorney for Keith Hyatt, contacted me to let me know that he represents Health One. He informed me that he was going to file a motion to dismiss for lack of personal jurisdiction, that’s how junk faxer and lead generator Hyatt and his company Infasource got off (until I file in California.)
Moyer hoped that the faxes were sent to my WA #. As I went through the file, I noticed that Health One had APPROVED me for my application with my ARIZONA address. That should take care of personal jurisdiction.
So I sent my initial disclosures and my discovery requests last week. It’s easier the 2nd time, but since my questions are NOT canned, it does take a lot of time to try to make sure it all makes sense.
I went all out and included a CD with a couple of VMs and a long call with Paul at Health One. He had the nerve to tell me that I had to sacrifice $189 for the nonrefundable application and first month’s premium to find out what exactly the benefits are and he continually referred to “INSURANCE.”
The plan I applied for is NOT insurance.
I got very upset as I went through the phone calls and my file with the “approved” application - it’s such a fraud!
So I included AZ consumer fraud and USC Title 18 Frauds and Swindles and Wire Fraud claims.
In case you’re new here, I don’t have a CLUE what I’m doing. I figure I’ll amend my complaint if they respond to my discovery requests. I don’t know how to MAKE them respond to my complaint, whether I should file for a default judgment and what the deadline for that is.
Of course I can always refile against them if they get dismissed for some technicality such as failing to file a timely request for a default judgment.
I still want to scan and post my exhibits with my Initial Disclosures, maybe next week. In the meantime, my initial disclosures and discovery requests are at CreditCourt and the faxes, research and other info is at the Health One Forum at Fight Back!!!
I see lots of complaints about the ongoing junk faxes, although I haven’t received any more faxes.
It would be very helpful if you could post any junk faxes you received after they have been served on 4/5/05 at Fight Back!!! or send the faxes to me at 571-222-1000. I’d like to document that they are WILLFULLY junk faxing.
I also wouldn’t be surprised at all if they went out of business, they’re already delinquent on their taxes and AGs across the country are investigating these scammers.
Hopefully I’ll soon find the time to send my complaint to the AZ AG for investigation.
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