Daughter
Of Rescued Senior Sued For Libel
Defamation suit solely based
on what Plaintiffs refer
to as "the common and reoccurring
themes
among the Defamatory Statements"
93
year old WW II hero Guadalupe Olvera honored in 2013 Independence Day Parade
three years
after
escaping Jared E. Shafer's custody, and after $300,000 was bled from Olvera's
trust account
INSIDE VEGAS by Steve Miller
AmericanMafia.com
July 8, 2013
LAS VEGAS - An important feature of Umbrella
Insurance policies is to pay for legal protection in a lawsuit for slander
or defamation of character, and to protect your assets from a litigious
individual who believes you've damaged their reputation, or just wants
to bully you. This protection cost several hundred dollars per year and
can be added to any homeowner's policy. If there were ever a person who
should be thankful for such protection, that person is Rebecca Schultz,
the subject of an unfounded libel lawsuit that in the absence of Umbrella
Insurance would have required her to pay tens of thousands of dollars in
legal fees to defend - the suspected reason the lawsuit was filed in the
first place.
JARED E. SHAFER; an individual;
SOLOMON DWIGGINS & FREER, LTD.,
a Nevada professional limited partnership;
ALAN D. FREER, an individual; ROBERT
D. SIMPSON; an individual; PATIENCE
BRISTOL; an individual; AMY DEITTRICK,
an individual; PROFESSIONAL
FIDUCIARY SERVICES OF NEVADA,
INC., a Nevada corporation; AVID
BUSINESS SERVICES OF NEVADA, INC.,
a Nevada corporation; SHAWN KING,
an
individual; GAMETT & KING,
a Nevada
corporation;
Plaintiff,
vs.
REBECCA SCHULTZ, an individual;
and
DOES I through 20, inclusive;
Defendants.
MOTION TO SET ASIDE DEFAULT
COMES NOW the Defendant, REBECCA
SCHULTZ, by and through her attorneys, D. Brian Boggess, Esq. and Boggess
& Harker, pursuant to NRCP 55(c), 60(b) and 11, and hereby moves this
Honorable Court for its Order setting aside the Default against Rebecca
Schultz entered on or about February 27, 2013.
Statement of Facts
This case involves Plaintiffs'
unsubstantiated attempt to bully the Defendant for defamatory statements
allegedly made by Defendant on public forums, blogs and newspaper articles
(emphasis added). Guadalupe Mena Olvera is a now 93 year old Veteran who
served in the United States Army from August 15, 1941 through October 4,1945.
He also served in the United States Air Force between August 29, 1946 and
August 28, 1949. Mr. Olvera is not a party to this litigation, but his
guardianship proceedings lie at the heart of the instant action. The Plaintiff,
Rebecca Schultz, is Mr. Olvera's only child. Ms. Schultz has never been
a resident of Nevada. Between his appointment on December 2, 2009 and the
date of termination of his guardianship, April 25, 2013, Mr.
Shafer had caused at least $300,000.00 to be charged to and paid out of
Mr. Olvera's estate.
The guardianship proceedings became
quite rancorous, as Ms. Schultz was
fighting for the life and freedom of her father.
At one point, Mr. Olvera expressed a desire to move from Nevada to be with
his daughter, and Ms. Schultz risked
her own safety to honor her father's wishes.
Shortly thereafter, Mr.
Shafer sought a bench warrant to be issued for Ms. Schultz, precluding
her ability to travel to Nevada. Plaintiffs
filed their Complaint November 2, 2012, while the bench warrant was allegedly
pending, and thereafter claimed to
this Court that they had served the Complaint upon the Defendant. In fact.
the
Complaint has never been served upon the Defendant, who only learned of
the action against her when a Las Vegas reporter conducted a search, learned
of the instant action and notified Ms. Schultz.
http://www.stevemiller4lasvegas.com/ShaferMotiontoSetAsideDefaultCopy.pdf
According to Schultz: "On
November 2, 2009, my mother Carmela Olvera, died in Henderson, Nevada.
When my father disappeared following my mother's death, I contacted various
Clark County agencies to seek help. I was ultimately referred by Guardianship
Commissioner Jon Norheim's office to Plaintiff Jared Shafer, who agreed
to assist me in serving as 'temporary' guardian over my father's person
and assets. Assured by Mr. Shafer that his involvement was 'temporary,'
I retained Elyse M. Tyrell, Esq., and paid Ms. Tyrell to prepare the documentation
making Mr. Shafer temporary guardian over my father who was now being legally
referred to as "the ward."
I did not know
that Ms. Tyrell represented Mr. Shafer as well. Between his appointment
on December 2, 2009 and the date of termination of his guardianship, April
25, 2013, Mr. Shafer caused at least $300,000.00 to be charged to and paid
out of my father's estate. In March, 2010, when it became apparent that
Mr. Shafer had absolutely no intention of honoring the 'temporary' nature
of his assistance to me or my father, I and my Co-Petitioner retained counsel
and commenced proceedings to remove Mr. Shafer as guardian. But with the
help of Judge Norheim, Shafer wouldn't budge while offensively claiming
I was exploiting 'the ward' as Shafer continued bleeding dad's bank account.
At one point,
my father expressed
his desire in open court to move back to Santa Cruz, California to
be with me. Judge Jon Norheim groveled to Shafer's demands and ignored
my father's request confining him alone and destitute in his 3,000 sq.
ft. Sun City home while limiting visits from family members. I then risked
my own safety to honor my father's wishes, and moved him to Santa Cruz
in September 2010 where he has lived happily and healthfully ever since.
Shortly after my father moved back to California, Mr. Shafer sought a bench
warrant be issued for me, precluding my ability to travel to Nevada with
my dad to list his house with a realtor, or defend myself against the unsubstantiated
libel lawsuit he brought against me which I believe was in retaliation
for my removing my father and his remaining assets from Mr. Shafer's control."
On
November 2, 2012, Shafer and his crew filed their libel lawsuit against
Schultz. Just four months later on February 27, 2013, Shafer obtained a
Default Judgment in absentia against Schultz from the court of Clark
County District Judge Joanna Kishner (left) for libel and defamation
claiming - without evidence - that Schultz authored most of the derogatory
information about him and his colleagues published
anonymously on the Internet. Because of the arrest
warrant, Schultz could not appear at any hearing to defend herself
in what clearly appears to be a well orchestrated SLAPP
suit.
Jared Shafer's "guardianship" of his "ward"
Guadalupe Olvera, and Rebecca Schultz' arrest warrant were finally terminated
by a Clark County District Court Judge on April 26, 2013 after Olvera survived
far longer than most "wards" could ever be expected live.
In their 160
page complaint, only paragraph 37 struggles to find a reason to connect
Schultz to the defamatory Internet posts. Though they admit that the offensive
posts were "either published anonymously or under a fictitious name," the
Plaintiff's theory of who actually authored the defamation is unclear,
based only on what they refer to as "the common and reoccurring themes
among the Defamatory Statements," the weakest argument I've ever heard
to try to demonstrate who was responsibe for libel.
INSIDE VEGAS reported the Default Judgment
against Schultz on March
18, 2013.
On April 30, 2013, I received a conference
call placed by three persons who asked that I protect their identities
under the Nevada Shield Law. They identified themselves by name and address,
and explained that they were the actual authors of the articles Schultz
was being sued for writing, and stated they did not want Schultz to take
the blame for their (misguided) efforts.
I inquired whether any of them live in
Nevada or California, or if they know Rebecca Schultz personally? They
stated they all live outside Nevada and California; once had relatives
living in Clark County who were under Shafer's guardianship; and have never
met Ms. Schultz.
After agreeing to protect their identities,
I suggested that the anonymous authors cease and desist submitting more
articles because, in my opinion, their submissions are clear examples of
libel per se, and are counterproductive to the mission of stopping guardian
abuse.
Based on my knowledge and belief of who
actually authored the offensive material, I believe Jared Shafer is suing
Rebecca Schultz as a form of retaliation for showing the world that a determined
family can successfully terminate his form of "guardianship" and stop the
exploitation ($300,000) of a loved one when a family sticks to their guns,
a subject Guadalupe Olvera and his son-in-law Robert Schultz are very familiar
with.
And asked what she believes is the motivation
behind the lawsuit, Rebecca Schultz replied; "My dad will be 94 this July
18th, and Shafer must be disappointed that my father outlived his guardianship."
Santa
Cruz County's oldest veteran Guadalupe Olvera honored in 4th of July Parade,
2013. Seated
behind
Olvera is son-in-law Robert Schultz who helped Olvera escape from Jared
Shafer's custody.
Rebecca Schultz'
Motion To Set Aside Shafer's Default Judgment will be heard in Judge Kishner's
court on August 6, at 9 AM. INSIDE VEGAS will be there to cover the
hearing.
HISTORY:
Jared E. Shafer Loses Guardianship.
Looted Senior Citizen Returns
To
Claim Home And Possessions
After Winning Termination
In A Bitter Sweet Victory
$300,000 bled from 93-year-old's
trust during battle
Liberated "ward" Guadalupe
Olvera reclaims home from "guardianship," and places it on the market
(L to R: Daughter Rebecca Schultz, Guadalupe Olvera, Robert Schultz, INSIDE
VEGAS photo by Peter Christoff)
INSIDE VEGAS by Steve Miller
AmericanMafia.com
May 20, 2013
http://www.americanmafia.com/Inside_Vegas/5-20-13_Inside_Vegas.html
"Private Guardian"Jared
E. Shafer accused by
Guardianship Commissioner
of "bleeding
money" from 93-year-old
war hero
"I'm really trying to put
an end to this. I get that
Mr. Olvera is bleeding money,
and I don't want
it to continue" -
Guardianship Commissioner Jon Norheim
November 2009: "Private
Guardianship" begins. Funds in trust - $466,186.00
April 2013:
"Guardianship" to be terminated. Balance in trust - $149,028.00
Senior citizen's
trust fund bled to pay lawyers and friends of "private guardian"
.
"Ward" Guadalupe Olvera after escaping Shafer's custody
INSIDE VEGAS by Steve Miller
AmericanMafia.com
April 29, 2013
http://www.americanmafia.com/Inside_Vegas/4-29-13_Inside_Vegas.html
For-hire guardian Jared
Shafer, and
racketeer Rick Rizzolo head
to court
.
Jared Shafer, Ralph Rizzolo, Jon Norheim, and Rick Rizzolo
INSIDE VEGAS by Steve Miller
AmericanMafia.com
March 18, 2013
http://www.americanmafia.com/Inside_Vegas/3-18-13_Inside_Vegas.html
GUADALUPE
OLVERA'S WAR!
Elder Abuse Likely - Under
Color Of Law
I'm going to go to California
no matter what! I'm not
going to live here. I don't
need that man either.
I don't need Jared (Shafer).
-Guadalupe
Olvera
Ms. Schultz kidnapped Mr.
Olvera during the night
and brought him to California.
-
Jared Shafer
Click on image to view 2:27 sec. court record of Mr. Olvera's ignored plea
.
91
year old WW2 hero pleads to be allowed to spend his final days with family
in California.
Private
Guardian Jared E. Shafer signals his displeasure to Family Court Judge
Jon Norheim
who
refuses to permit Olvera to leave LV. Family defies court and moves patriarch
to
Santa
Cruz County while funds continue to be drained from his account in Nevada
to
pay lawyers to fight for his return.
INSIDE VEGAS by Steve Miller
AmericanMafia.com
February 25, 2013
http://www.americanmafia.com/Inside_Vegas/2-25-13_Inside_Vegas.html
Guardianship
Case Highlights Plight of Elderly
WW2 veteran Guadalupe Olvera's
right to move in with his daughter in Aptos was disputed by Nevada authorities
for three years
by Georgia Perry
Jul 31, 2012
(Photo by Chip Scheuer)
She called Family Court Commissioner Jon
Norheim's office for advice. According to Schultz, the woman who answered
the phone told her she would need to have a temporary guardian put in place
and gave her Shafer's unlisted home telephone number.
http://www.santacruz.com/news/2012/07/31/guardianship_case_highlights_plight_of_elderly
Did Ted Binion overdose,
or was he murdered?
INSIDE VEGAS by Steve Miller
AmericanMafia.com
October 18, 2004
After Binion's body was discovered, Murphy
was inexplicably barred from entering the house for over 24 hours. In the
meantime, the death scene was allegedly contaminated by persons other than
police while the house was apparently being looted.
When Murphy was allowed re-entry the day
after the death, she hired a videographer to follow her as she took inventory.
On the tape she emotionally pointed out that most of the valuables were
missing and it was visible on the tape that the house had been ransacked
and looted. One of the items missing was a ten million dollar check
which Binion was believed to have recently received for his share of the
proceeds from the sale of a casino game called "Caribbean Stud" to Mikohn
Gaming. In addition to the check, cash in excess of $20,000 was reportedly
missing.
On the night of Binion's death, TV news
showed then-Clark County Public Administrator Jared Shafer entering the
house. The Public Administrator is someone who had no apparent business
entering the house of a decedent who had an up to date Last Will and Testament,
and next of kin. In the case of Ted Binion, he had both. At the time of
death, the Clark County Coroner ruled the cause as an overdose of narcotics,
so there was little or no reason for Shafer to be there.
http://www.americanmafia.com/inside_vegas/10-18-04_Inside_Vegas.html
EDITORIAL
Las Vegas Tribune
April 10, 2002
The Public Administrator Must Be Held Accountable
So far, Shafer has sold Mrs. Gaule's home and taken full
control of her checking account while paying an undisclosed fee to the
Asian-owned rest home for her supposed care and medication - which includes
large daily doses of tranquilizers administered by persons who do not speak
the English language. The photos of Mrs. Gaule's injuries have also never
been adequately explained. Since he made public the photographs of his
mother's mysterious head injuries: cuts and bruises described by caregivers
as obtained from "falls," Judge Voy has barred Thomas from visiting his
mother unsupervised, with guests, or with a camera. He is also not allowed
to see her for more than thirty minutes every two weeks. Mr. Shafer and
Judge Voy are very aware of everything we have described above and still
have taken no official action on Mrs. Gaule's behalf other than to limit
Thomas' contact - and spend his mother's money in undisclosed ways.
http://www.twistedbadge.com/story_articles/id_241/
EDITORIAL
Las Vegas Tribune
April 24, 2002
New Public Administrator Should Clean House
The April 10, Las Vegas Tribune Editorial "The Public
Administrator Must Be Held Accountable" has generated quite a bit of feedback.
This was not the first shocking story in this newspaper about Public Administrator
Jared Shafer who was first appointed to office in 1978 and is retiring
at the end of this year. In 1998, the Tribune reported the alleged mistreatment
of Anna Marie Gaul, a wealthy Alzheimer's patient in Shafer's charge who
twice suffered blackened eyes and other signs of physical abuse.
http://www.stevemiller4lasvegas.com/Shafer.htm
http://stopguardianabuse.org/L.O.htm
