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Mark Golob v Sean Kelly (UnhappyFranchisee.Com) Lawsuit Documents

Mark Golob, founder of the failed Butterfly Life fitness chain, sued blogger and web publisher Sean Kelly for $35,000,000 for unflattering statements he made about Golob’s “history of litigation” and “checkered past” on Kelly’s UnhappyFranchisee.Com website.

Sean Kelly, represented by San Francisco attorney Peter Lagarias, filed for a Motion to Strike under the California anti-SLAPP law.

Judge Richard J. Henderson ruled “the court has found that defendant Sean Kelly made a prima facie showing by admissible evidence that the challenged statements set forth in defendant Sean Kelly’s unhappyfranchisee.com website were made in a ‘public forum in connection with an issue of public interest’”

“Defendant Kelly has prevailed on his motion and is entitled to the recovery of his attorney fees incurred in this motion…”

Read Sean Kelly’s account here:  $35,000,000 Lawsuit Backfires on Health Club Franchisor

The case files are listed below.

Initial Summons:  Golob v. Kelly

February 5, 2014

Golob v. Kelly (UnhappyFranchisee.Com)

February 24, 2014

Letter from Nikolaus Reed to Sean Kelly


Kelly/Lagarias Motion to Strike

March 14, 2014

Declaration of Sean Kelly

Notice of Motion to Strike

Memorandum of Points and Authorities

Request for Judicial Notice

Exhibit A Part 1

Exhibit A Part 2, B, C1, C2, D, E, F, G, H, I J1

Exhibit J-2, K, L, M


Golob/Reed Opposition to Motion to Strike

March 28, 2014

Declaration of Mark Golob

Mark Golob’s Objection to SK Declaration

Mark Golob’s Points and Authorities


Kelly/Lagarias Reply to Golob’s Opposition

April 2, 2014

Reply Declaration of Sean Kelly

Kelly Reply to Evidentiary Objections

Reply MPA Points and Authorities

Objection to Mark Golob’s Declaration Evidence


Judge Henderson’s Decision

May 21, 2014

Judge Henderson’s Decision in Golob v. Kelly


Contact UnhappyFranchisee.com

TAGS: Mark Golob, Nikolaus Reed, SLAPP lawsuit, Anti-SLAPP lawsuit, Unhappy Franchisee, Sean Kelly, Peter Lagarias, 1st Amendment lawsuit, Defamation lawsuit, Butterfly Life, Frivolous lawsuit, franchise bullying

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