In April of this year the Arizona Bar confirmed that both Aaron Kelly and Daniel Warner of the Kelly Warner Law Firm were under investigation for fraudulent legal filings. The Bar, acting as the Complainant, is looking into dozens of lawsuits that both Kelly and Warner filed that have forged signatures, non-existent defendants, and fake notarizations.
What’s the purpose of these fraudulent lawsuits?
Simply put, to trick Google into removing negative RipOffReports and other complaints online for Kelly Warner clients accused of running scams along with serious criminal acts.
As a background, Google has a policy where it will, at its discretion, remove web pages from its search engine that are ruled as defamatory by a court. While this is a good policy for true victims of defamation, it has invited unscrupulous attorneys to file lawsuits that often times name defendants that don’t exist…for the sole purpose of achieving an injunction to remove the complaints from Google.
For the purpose of this story, we’re looking into Aaron Kelly’s filing in the DiMaggio v. McDevitt case.
This case was filed on April 15, 2013 by Aaron Kelly against John Does on behalf of Frank Dimaggio, Jr. (The reason why an attorney would list “John Does” as defendants is because they don’t know the real identity of the author of the negative posting.)
Frank Dimmagio Jr. aimed to remove the RipOffReport written about him from Google, which made a number of serious allegations against him.
Shortly after the lawsuit was filed, a “Stipulation for Dismissal” was filed with the author having been miracoulously identified! Indeed, a “Lauren McDevitt” who just happens to live in Cincinnati, Ohio somehow was identified as the poster of the negative information about Frank Dimaggio Jr. in Arizona.
“Lauren McDevitt” signs the “Stipulated Permanent Injunction” on May 1, 2013 only two weeks after complaint filed against Does – again somehow she was identified in only two weeks as the author of the RipOffReport complaints on the Arizona resident and company….
After further research, there is seeminly no connection for a woman in Ohio to be filing complaints with RipOffReport about Arizona resident Frank DiMaggio Jr. and his Arizona business.DIMAGGIO copy
Apparently Google had received the “injunction” above and at one time removed the RipOffReport listing on Frank DiMaggio Jr. from its search engine. It appears that around the time that Washington Post Reporter Eugene Volokh started investigating Attorney Aaron Kelly and Daniel Warner, Google decided to add the RipOffReport on DiMaggio Jr. back to its search engine. (Eugene Volokh is also a UCLA Law Professor and an attorney for Google.)
1. This is another “Pro Per” defendant that just so happened to agree within 30 days of this lawsuit being filed against unknown “John Does” to a stipulation to remove another RipOffReport.
Unless Attorney Kelly is the luckiest lawyer on the planet, there is simply no legal way for yet another John Doe defendant would be found, enter an appearance “pro per,” and agree to sign this injunction just one month after it was filed.
2. The alleged “Pro Per” defendant lives in Cincinnati, Ohio, as listed on the complaint.
Yet the entire complaint revolves around someone that has intimate knowledge of the local business undertaking of Frank Dimaggio Jr. For instance, here are quotes from the complaint:
“Frank DiMaggio ripped off 25 Arizona based companies giving them an advertisement in a magazine called Elite Guide which only had one issue.”
“Frank DiMaggio Jr. gets companies like Two In The Shirt aka t**s clothing to send free T-Shirts to his house claiming they are for celebrities and the takes the product to Fashion Square mall Metro Park and exchanges them for lower value product to get the money back or store credit.”
Unless Dan Warner and Aaron Kelly are the 2 luckiest attorneys in the world, there is no way that they could have this many “pro per” defendants that are mysteriously found within weeks of filing lawsuits against John Does and then just agree that what they’ve written is libelous.
When you file a lawsuit against a John Doe for writing a RipOffReport, there is a process where you have to send a subpoena to get the identifying information for the author of the RipOffReport posting. This process takes well over a month.
From there, typically you will receive the IP address information and maybe some identifying information about the author. Then you have to track the author down, file a lawsuit, and start proceedings.
Bottom line is that maybe a lawyer would get lucky enough to have all of the information on 1 occasion to wrap up a lawsuit like this in a couple months, but it is simply impossible to have this type of success on 10+ occasions.
And in the case of DiMaggio vs. McDevvit, you have a complaint that is written by someone that is clearly tied to Arizona that is familiar with “Fashion Square Mall in Metro Park.” It is clear not written by a Lauren McDevitt from Ohio whom by the pure stroke of luck happens to be located, sued, and agrees to this order out of the blue.
“CONTACT A LAWYER WHO KNOWS HOW TO REMOVE DEFAMATION FROM GOOGLE QUICKLY AND QUIETLY” – Aaron Kelly
Editors Note: As a desperate attempt to defend the very serious allegations that the Arizona Bar is investigating, Aaron Kelly has created a “conspiracy theory” that the USA Herald along with BarComplaint.com are conspiring against Aaron Kelly and Daniel Warner.
We’d be glad to review the details of each of these cases with the Kelly Warner Law Firm, yet have never received a response for comment nor any form of communication from this law firm looking to clarify anything we’ve written.
To read more articles on both Aaron Kelly and Daniel Warner visit our archive of posts.