Proposed Notice of Pendency of Class Action - Kimkins Class Action Lawsuit

Regarding the Kimkins Class Action Lawsuit: This is NOT an official notice. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.

Truth - Freedom or Bondage?

"The Truth will set you free..."

How many times have I heard this phrase? I often contemplate just what it means for me. Often, it means different things based simply on what emphasis you give it. The truth... the TRUTH... THE truth... WILL set you free... will set you FREE. It has meant a bit of all of these inflections to me over the last several months.

It has been a several months since I've been here blogging about weight loss, weight loss scams (and scammer), and life. Over the last few months I've had one more surgery on my knee, plus recovery and therapy time, I have been totally immersed in a very difficult semester in school, I've been working strenuously at two jobs... Not to mention making time for my own family and personal needs.

It is because of these last few months that I must embrase the following inflection of that initial phrase. "The TRUTH will set you free..." I am having a difficult time coming to grips with what my own truth is. The only reason I am publishing it here is because I must be held accountible. Not only to myself, but to all those who follow my blog as well. Since my most recent injury and surgury, my weight has become increasingly difficult to maintain and keep under control. I know that this is partially my fault due to my inability to excercise, compensations should be made in the way I was eating. But none-the-less, I did not. Therefore, over the last 7-8 months I have put on about 25 extra pounds. This has been very disheartening for me and has kept me feeling enslaved to maintaining a lie. But I believe that by putting this truth out here like this, MY TRUTH is now laid bare, and I am not allowing any false presuppositions of my weightloss/maintenance status to be upheld.

I am dilligently working on a HEALTHY plan now to reclaim those 25 pounds lost once again and am confident that patience and perseverance will prevail. My difficulty will be in wanting to get it off NOW. This philosophy was ingrained in my not only this fast paced society that we live in, but also my past experiences. Throughout my experience with the Kimkins program, one of the things that made it so attractive was the speed at which the weight did come off. Over these last few years since I have been away from that program however, I have learned the value of attaining something that you have not only worked hard for, but have waited for with patience. True sustainable weight loss comes at a hard price. It takes time. But it is through that time that you learn healthy new habits that are also sustainable which allow that weight loss to be permanent. Rapid weight loss is never (with a very RARE exception) permanent.

It is this discouragement and "need for rapid loss" mentality which I believe is sending people to return once again to the Kimkins program. Yes, they may be able to get off once again that which they initially lost. BUT, they will once again be caught in that dangerous cycle in which they will regain, and then back to Kimkins, and on and on it will go. There is a two fold danger in that cycle. Not only is constant yo-yo dieting very hard on your body, it can be seriously dangerous. It can be dangerous for your heart, liver, and other organs that are trying to cope with the never ending starvation/feasting roller coaster. Too much of that up and down, and the organs will wear out rapidly. Not only that, but according to other health studies, yo-yo dieting can drastically reduce natural immune system cells which not only target viruses, but also aid the body fighting against cancer cells.

We lose weight initially so we can look better and feel better about ourselves. But, the other issue that I have been faced with over these last several months is the emotional damage that regaining weight can bring. Emotionally and psychologically, I have a very difficult time with self-acceptance and self-worth. When you are in a constant struggle of up and down, gaining and losing, you will also have a psychological war waging within. "I love how I feel when I'm losing," "I hate myself for gaining." This is not healthy either. Health encompases all parts of our being, our physical, mental, emotional and spiritual states combined. This is what makes us unique. When one of those parts is out of balance, the rest will be too. Educate yourself on healthy, proven, maintainable eating strategies which will allow your loss to be much longer lasting. While I cannot guarentee that will improve your self-image, I'm certain that for myself, it can't hurt!

I meant to write tonight of the impact that the TRUTH has had on me over the last several months. Not only with my personal weight gain and epiphanies on sustainable loss strategies, but also in recent events within the Kimkins TRUTH vs DECEIT saga. I will have to get into that at another time, but let me leave you with this. The truth is evident to all. With the recent victory in claiming (once again) class certification in the lawsuit against the Kimkins fraud, it is apparent that regardless of excuses and attempts to cover-up and clean-up, the TRUTH speaks for itself.

Prayer Chain for AmyB

My friends. My heart is heavy right now. My dear friend AmyB is in need. She is a fellow blogger and activist. She is one of the bravest women I have the honor and privilege of calling friend. Right now, she and her son Phillip are undergoing some major health issues. Please take a moment to visit her blog: Our Daily Blessing - Life, and giver her a word of encouragement. She needs prayer and support.

Amy, you know that I am here for you. I am passing this prayer chain along, raising my voice in agreement to the Lord with so many others... I pray for peace and comfort for your family. I pray for wisdom and skill for the doctors who are treating both you and Phillip. I pray for comfort and strength for Jim, and the rest of your precious family. I am with you my friend. And I love you.

Important Lawsuit Information

This request was penned by my good friend Prudentia.. Please take a few moments to review this and feel free to contact either myself, Prudentia, or the Kimkins Case email if you would like more information about how you can help.

John is working diligently on the Certification Brief for the class action lawsuit against Heidi Diaz and Kimkins. The following is the information we are pulling together for him as he is finalizing the brief. If you can provide any of this information, please forward it either to PrudentiaBlog@aol.com, or to KimkinsCase@gmail.com. If you are concerned about becoming involved, please contact me and I will be able to discuss this further with you.


1. We are compiling a list of people who saw the person known as Kimmer, including the avatar of herself, on the Low Carb Friends board during the actual period of time she was there – during 2002 through mid 2006. You can simply send an email stating that you saw her and your name will be added to that list.

2. We are looking for more persons who dealt with Heidi while she was impersonating a consumer simply promoting the diet. For example, people who became involved in her free clothing give away. Particularly people who dealt with her as Vanessa2Lucky@yahoo.com.

3. We are looking for advertisements clearly stating that she was offering a life-time membership. These can be from between the dates of February 2006 and October 2007.

4. Heidi stated in advertisements that her diet is good for persons with Type II Diabetes. We are looking for people who read that advertisement and joined Kimkins based upon that claim.

5. We are compiling a list of those who have been banned from the Kimkins site. Please include whether or not you are “super banned” or if you can still access the front page but not the boards and membership only areas.


Again, please forward these items to PrudentiaBlog@aol.com or KimkinsCase@gmail.com so that we can compile the replies and sort out duplicates. Thank you very much for your assistance in these matters.

The SLAPP heard round the world...

I’m typically a very mild mannered person. I hate confrontation. In my personal life, I usually take too much on myself before I meet someone else head-on. That being said, in my online turned real life, I have recently been “called out.” My blogging life as of late has been an attempt to focus on sharing from my own life how I feel a healthful weight loss lifestyle should be incorporated. Part of that information sharing has been a warning and caution about succumbing to weight loss scams such as the “Kimkins” diet.

As most of my readers know, I lost my weight by (and developed an eating disorder from) utilizing the Kimkins program. I have spent the last year in an attempt to recover from that experience. This year has also seen a multitude of other changes and involvements. These changes include a class-action lawsuit against the perpetrator of the Kimkins scam, as well as my own enrollment back in college to obtain a degree in nutrition so that I can share a VALID way of eating with those around me who are struggling. The lawsuit I believe is going very well… well… that is, until Heidi Diaz decided that it would be in her best interest to try to squelch me and my fellow outspoken advocates by filing a SLAPP lawsuit against us. For more information on exactly what a SLAPP lawsuit is, please visit my good friend, Prudentia, as she eloquently explains here: Understanding SLAPP.

The purpose of this counter-suit is clear, to intimidate us into silence. Well… as far as I can see, the opposite has happened. Instead of a muffler, we have been given a megaphone. All I can say at this point is thank you. Thank you Prudentia for explaining so fluently and your undying support; thank you “ducks” for your amazing efforts in spreading the word to help others; thank you to my fellow counter-suit defendants, you all are an inspiration to me; THANK YOU John Teidt for your tireless work and outstanding bravado, and yes… thank you Heidi, for showing me just why I cannot be silenced. I have done nothing but tell the truth about my experience with the Kimkins program. Such is my first amendment right. And now, my fellow defendants, ducks, and readers I have a message:

Reflections

OK So I know to most people, I'm still a baby. But, my 30th birthday is now looming on me; it will take place at the end of this month. I've been working on my emotional response and preparing myself for this milestone all year. Something happened today, however, that made me realize that age.... is just a number. And, it really doesn't matter cause in the broad scheme of things, I have friends from age 14 to grandmothers (no ages given out of respect;) LOL).

So today, I received an AARP card. Now... I know that you are not supposed to receive these things till you are approaching your 50's. So the mere fluke that I got it as I approach 30 was simply hilarious to me.

It did get me thinking though. Here I am.. 30 years old (and yes... I keep saying it to bring the reality of it to myself), and I am amazed at how much I've learned over my short lifetime... especially the last 2 years. I am approaching my 2 year anniversary of going low carb (Oct 2) and I am AMAZED at how my life has changed. I am thinner... yes. I am, for the first time in my life, what one would consider "normal." But how did I get here? I was scammed. I threatened my own life by low carb starvation. But out of the ashes of such tragedy... comes an incredible beauty.

I have re-entered college. Something I NEVER in a million years would have thought probable or even possible. I am studying NUTRITION of all things!

I have met some of the most incredible people in the world. I have "met" the most incredulous liar, and the kindest saints. So many opposites... it would make even the sanest person's head spin. But... in spite of everything, I am grateful. I am grateful that I have learned an awareness of myself. I am grateful that I have discovered a new purpose in life. I would not wish being deceived and scammed like I have been on my worst enemy. NO-one deserves that. So, I am now an activist. I can embrace my role as wife, mother, helper, and encourager with joy and hope for a brighter lifetime of good health, and showing others that they have that potential too.

Was it a fluke that I got an AARP card this morning... maybe. But just maybe... it was more than that. Thanks AARP...

Past, Present and Future

I will resume blogging about the Mediterranean Diet very soon, however it has been brought to my attention that there are those who are members of the dangerous Kimkins diet program who are STILL unaware of the scam, and even if they are aware of a "scandal," still think it's none of their business and see no point or reason to joining the Kimkins lawsuit. If you are one who is just becoming aware of these issues, I'd like to speak to you for a moment.

Let's go back about a year and a half ago. You’ve reached the point that so many of us who have dealt with weight issues have come too. You’re tired, and in a word, desperate. You hear of a program that gives the glorious promise that it, in and of itself, is even BETTER than Gastric Bypass surgery. Maybe that is something that you’ve considered in the past, and are at the point of seriously trying. But you want to give a weight loss regime one last try. It looked easy enough... price was less than what you've spent before, and the stories sounded too good to be true! So you joined Kimkins.

You try it for a week, maybe even a month and while it works, you decide that just like all the other programs you’ve tried.. you just can’t stick to it. So you quit and go on with your life. You don't think about it again, till you reach yet another point of desperation... and so you go back. Something has changed. The forums are dead. All the familiar faces that you spoke to and maybe even looked up to for inspiration are gone. There is a reason, so you begin looking around on the internet for answers.

You discover that this program is different. Unlike other legitimate weight loss programs, this particular program was not only begun as a blatant scam, those who have followed it for any extended period of time have become sick.

These are not people who were prone to eating disorders. These are normal individuals who have developed serious psychological issues thinking that they just were not strong enough to follow a diet program.

Those who did follow it, EXACTLY AS WRITTEN, have severely damaged their metabolisms, suffered thyroid damage, gall bladder damage, intestinal issues, severe hair loss, electrolyte and potassium deficiencies, major muscle loss (including heart damage) all of which have seen many in emergency rooms, facing surgeries and extended and lengthy recovery times. These issues are not exaggerations. They are life threatening realities.

The owner of Kimkins dot com not only admitted under oath that she lied about her own weight loss, but she has shown no concern or care towards those who have been damaged by the diet that she published and voraciously broadcast around the world.

Heidi K Diaz, founder of Kimkins, not only scammed you and me out of our money, but has risked thousands of people’s lives with her carelessness.

In October of 2007 a lawsuit was launched because of Heidi’s refusal to refund unsatisfied customers their money. This lawsuit has become even more than a quest to “get money back.” Heidi has since proven that not only did she intentionally perpetrate this particular scam, but she fully intends to continue dishonestly swindle unknowing and unsuspecting consumers unless she is brought to justice.

Many people have used the rationalization that “I have spent hundreds, maybe even thousands of dollars on other weight loss remedies, and this is just one more, so I have no reason to get involved in a “petty” lawsuit just to get my $59.99 back.” Maybe that is where you are.Consider this, over the course of the last year, Heidi Diaz has deceitfully obtained almost 2 Million dollars. In the month that the Woman’s World magazine article came out, Heidi accumulated 1.3 million. All these funds were obtained on the basis of a fraud. While one payment of $59.99 might seem minuscule to some, in accumulation, they were an incredible sum. So far in the lawsuit there have been multiple depositions, not only of Heidi, but those who have aided her in her deception. Heidi has had 3 depositions, both her sons have been deposed, as has an aid for her lawyer.

The lawsuit is not certified yet, so it is NOT too late for you to participate!

Please go to The Kimkins Lawsuit Webpage for information on how to join the lawsuit. For step by step instructions you can see the “How To Join a Lawsuit” instructional video on YouTube, as well as multiple other reports regarding developments over the last year within this case.If you are still not convinced that you should step in and help by joining the lawsuit, then think of this: Suppose it was your sister, or mother who had been damaged such as many of the testimonies on Kimkins Survivors. What if one of them suffered a painful and extended stay in the hospital due to malnutrition and possibly even heart failure due to their body being so deprived of nutrients it began to shut down? Even if you have not experienced any of these things, there are those who have. Please take 5 minutes to review the information on joining the lawsuit so that together we can stop Heidi Diaz from continuing to hurt people in this manner.



Our desire is that Heidi Diaz would realize the err of her ways and shut down Kimkins dot com. This however, is unlikely to happen. Our hope and course of action now will be to demonstrate to the judicial system the danger that she poses as a con-artist to the general public. We will civilly remove her funds through this Class Action Lawsuit, and criminally, prove that she committed a dangerous consumer fraud to whatever entities may be pursuing this case. The more participants within the lawsuit, the greater our chances of both of these objectives happening.

Heidi has fully demonstrated that she will continue to find new ways to con unless we are successful. She has refused to be honest in ALL of her depositions, has destroyed evidence, hidden her income, and manipulated the justice system through delay tactics that will only continue to drain money away from those who deserve to get their money back. Please think about those who have been hurt. You will not be required to testify or face Heidi. You will only be lending a voice to many.


This post was originally put together for MissMerize AKA Avenue girl who is putting together an informational video to share with those who are still not aware of the atrocity that is Kimkins.