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WILKES-BARRE: Apparently the Sundance Vacations attorneys hired by John Dowd to wreak vengeance on Albert Whitehead for breaking his promise not to disparage the company are still convinced (or pretending to be convinced) that he is responsible for creating the Boycott Sundance Vacations page on Facebook, and they have morphed that issue into the central focus of their lawsuit against him.
Except they can’t seem to make up their minds about that. In the recent deposition of Ms. Denise Guida by attorney Donna Walsh, Walsh accused her of creating the page or allowing someone else (like Mr. Whitehead) to use her credentials to log in to Facebook and create the page, insisting, “Ms. Guida, there’s information that suggest that you created that page.” [sic] But she never indicated what that information is.
So now they’ve decided the culprit responsible for the page is either Whitehead OR Guida or both, right? After two and a half years of insisting that Whitehead did it all by himself?
Not so fast. According to the transcript Walsh moved from accusing Whitehead/Guida of being responsible for creating the page (but never showing anything to back it up) to attempting to implicate a host of other names whose identity and relevance escapes me.
Does she think it’s like Agatha Christie’s Murder on the Orient Express where EVERYONE did it?
FACT: To the best of my knowledge the only person who has testified under oath to being a moderator or administrator of the page with any power over it is Sean Oakley, a former executive at Travel Advantage Network who worked extensively with Sundance, who wrote:
Just one clarification when you read, Whitehead did not create the page, and as I’ve shown numerous times, Sundance’s own evidence proves that Whitehead was only one of five administrators of the page. But those are just pesky details, details Sundance and TAN don’t have time for. Because details are only useful when you’re dissecting spin and exposing truth, no one wants details when they’re only focused on covering things up.
Oddly enough, he also seems to be just about the only person that Dowd’s lawyers aren’t trying to blame for it.
Some of the things Walsh presented as evidence seem comically irrelevant. For example, on page 146 she submitted an esoteric document that she claims is an affirmation by Facebook that Guida created the Boycott page. But that particular document is dated in 2008, when Guida created her own Facebook page. Moreover, how could a document dated in 2008 prove that she created a Facebook page that did not come into existence until November 1, 2010? It just don’t add up!
Ms. Guida objected throughout the deposition to answering any questions that did not relate to the case against Mr. Whitehead, on the grounds that when they asked the Judge to allow the deposition those questions were not included in the subject matter that the attorneys told him they would be discussing.
What was your mother’s maiden name?
Do you have any children?
Who has lived with you in your house over the last 16 years?
When were you born?
And so on.
Curiously, Joe Downs, the former FBI agent hired by the Sundance attorneys as their private dick on the case who reportedly terrorized Ms. Guida more than once, was present for the entire deposition yet his name does not appear on the list of those attending. What’s up with that?
This lack of willingness to kowtow seems to have annoyed Walsh, who let it be known in no uncertain terms that she intended to go back to the judge and ask that Guida be forced to answer those very important questions. Ms. Guida, who sees Sundance/Dowd as trying to drag her into a case that doesn’t involve her, does not intend to go quietly.
Meanwhile the Boycott Sundance Vacations page on Facebook, which is at the center of all this controversy, has been rumbling right along. The number of “Likes”, as of this writing, has risen to 2,363 2,378 — 2,401 and counting.
“If you haven’t got anything nice to say about anybody, come sit next to me.” -Alice Roosevelt Longworth
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