NL-Maddy has sent me & given me permission to post the back and forth with her Lawyer Michael Fattorosi and Shelley. This is when Maddy left Pink Cross originally & wanted her info taken out of the Pink Cross marketing material. Fattorosi, btw, did this stuff for Maddy for FREE!
Feb 9, 2011
Pink Cross Foundation
Bakersfield, CA 93308
Attn: Legal Officer
Re: Madelyne ***** Violation of Cal. Civ. Code sec. 3344
Dear Gentleperson;
Please be advised that I have been retained to represent the interests of Madelyne ***** in regards to your violation of her rights of publicity under California Civil Code section 3344. My client previously demanded that her images be removed from your websites on Thursday, February 3, 2011. It is now six days from her initial request and her images remain on http://www.thepinkcross.org as well as http://www.shelleylubben.com.
Please be advised that my client hereby demands that you immediately cease and desist your use of her image, likeness, real name and/or stage name. Any image, photograph or likeness should be immediately removed from any and all websites under your control. All images should also be deleted from your computer files. Further, delete any all references to my client enter by way of real name or stage name.
It has also come to my attention that Ms. Lubben is starring in a new movie titled "Out of the Darkness" produced by Anteroom Pictures. My client has informed me that it is quite likely that she was filmed for and her images and likeness were in fact used in this movie. If so, please also be advised that the use of her image and likeness in the "Out of the Darkness" movie would also be a violation of California Code section 3344 and you are also demanded to cease and desist the use of such. Her image and likeness are to be edited out the final draft of the movie prior to theatrical release. Failure to do so will be met with my client’s legal enforcement of her rights. We specifically reserve the right to seek an Temporary Restraining Order to prevent the distribution of the movie and or to join all parties that publicly perform the movie if it has been already been released to theaters.
The following pages and photographs needed to be removed within the next 24 hours. Please note this list is not exhaustive of all the images and references to my client. I strongly suggest that you review your site for any other images and/or references to my client.
Thank you for your anticipated cooperation in this matter. If you should have any questions please feel free to contact me directly. DO NOT contact my client directly.
Regards
Michael Fattorosi
**********************
2.11.11
Dear Mr. Fattorosi,
I have investigated my legal rights, and it is my belief that neither I nor Pink Cross Foundation is in violation of California Civic Cd. 3344. I have also been made aware that legal action on Ms. *******’ (Maddy) part would be subject to Anti-SLAPP protections.
Out of respect for ****** (Maddy) and her story, I have removed as many pictures of her as I can, but I have not removed group photos where Ms. Hernandez voluntarily worked with Pink Cross Foundation outreaches or testified at public hearings. Ms. Hernandez knew that the pictures were being taken and in fact posed for the pictures. She also allowed media such as Los Angeles Times, Associated Press and LA Weekly to interview her and take pictures of her at Pink Cross events (http://latimesblogs.latimes.com/lanow/2010/04/activists-to-target-porn-agents-in-latest-push-for-increased-regulation.html, http://blogs.laweekly.com/informer/2010/03/board_supports_condom_regs.php, and http://abcnews.go.com/Health/Business/story?id=8373966, and http://www.ocregister.com/opinion/government-240066-health-make.html?d96a349c52fc4f68eea46a47ccb3d360
In fact, ********* (Maddy) had been a key spokesperson for Pink Cross Foundation for almost two years. She was also aware of where the pictures were being posted, as she has had many of her pictures on our sites for almost two years. Not only has Ms. Hernandez been a key speaker for Pink Cross Foundation, she has also received major financial, emotional and physical help from us, which we were very happy to provide.
Sincerely,
Shelley Lubben
Executive Director of Pink Cross Foundation
Pink Cross Foundation
********
2.11.11
Ms. Lubben;
If in fact you are represented by counsel please forward this letter on to them.
My client appreciate your efforts but they have not gone far enough. All pictures/photographs and references to my client need to be removed IMMEDIATELY from all of the sites under your control.
Please do not analogize the Pink Cross or yourself to the Los Angeles Times, Associated Press and LA Weekly. They are news reporting agencies and or news publishers and are treated differently under the law.
Unless you or the Pink Cross have a signed model release from my client any verbal license that she may have provided to you or the Pink Cross to use her image and or name has now been effectively withdrawn and terminated. At this point in her life she no longer wishes to have any affiliation with you or your organizations and foundations.
She denies that she has received ANY financial, emotional or physical help from you or your foundation. Matter of fact she feels that her association with you and Pink Cross has been more detrimental then beneficial to her recovery.
As for your assertion that she would be subject to an Anti-SLAPP motion, we would actually welcome such. I do not believe that you would be successful since we are only seeking to enforce her rights and not to limit your ability to speak freely.
There is no transformative use of my client’s image or likeness and therefore you and the Pink Cross are merely trading off her name, image and likeness as a way to gain financial favor with your donors. Your First Amendment defenses are limited.
Also, if you are unsuccessful in your Anti-SLAPP motion you and Pink Cross would be liable to my client for attorney’s fees. We would ask you to consider the potential negative press implications from you and the Pink Cross counter-suing one of their former "spokespersons."
She simply wants to be done and rid of this part of her life. She believes it is in her best interest towards recovery and a better future and life to permanently and completely separate from you and Pink Cross. Is that not one the fundamental principles of Pink Cross – to assist former performers to move forward and create a better life ? Now Maddy wishes to leave the Pink Cross and move on.
My client has taken the proper approach and is handling this matter privately and quietly. Based on the recent articles and stories I have seen about other former members on http://www.LukeisBack.com I would think that you would be appreciative of her efforts, not argumentative.
I look forward to your amicable anticipated cooperation in this matter without litigation or the attendant negative publicity it would generate.
Regards
Michael Fattorosi
HAHAHAHAHA!!! There have been some good stories on LIB.
Michael Fattorosi can sling out law suits out as easy as a male porn star slings his cock out.
Getting sues sucks!! But im betting that Shelly is to stupid to actually understand what the fuck is going on. (thats what i’m hoping for)
I bet after god cured her Herpes, he told her to ignore Fattorosi. lol
Got my popcorn for this one. HAHAHAHA!!!
I wonder if fattorosi got a blowjob inexchange of these letters. i am basing this on fwhat fattorosi said in his e-mails that were publihed, when he sneakly sent under vanessa blues account.
also wow two letters for free, i wonder if maddy also referred clients to fattorosi. (NL- Im VERY patient & even I’ve had enough. Every post you write is just to bash Fattorosi. Take it somewhere else.)
@JustDaveXXX — LMFAO!
Oh, Moni…errrrrrr, Commonsense, don’t hate.
If Mike Fattorosi though enough of Maddy’s case to go pro bono for her, then more power to him.
It’s not as if he’s short on clients.
Anthony
I was wondering how the PWL ponytailed punk was going to redeem himself.
What a better way than to use the porn industry’s most hated nemesis Lubben as a gateway.
What’s next…
Fattororsi is going to pretend to be a friend to the industry now after basicly aiding Donny Long?????? EVERYONE WAKE UP!!!! And Maddy, I knew you back when you were a performer, we left the industry around the same time. I don’t advise a comeback even though you were a great performer. It’s not uncommon for these people to shoot sceenes for $300-$500 now. And you won’t get many of them. Many are opting to do cam shows for $30 a day. It’s not worth it. When you come out it more broke than when you came in all your new pornographer friends will do is come on here and say how stupid you are for being broke and you deserve it. They enjoy watching misfortune.
No I’m not with Pink Cross or into god. But this isn’t the better deal.
Good advice, ajs. AND STAY THE FUCK AWAY FROM ESCORTING!
@ common sense NO I did not give him a blow job or refer anyone to him! And wait lets stay on the subject SHELLEY LUBBEN that lies and is a addict. I was very sick and tired of her hurting me and seeing her do the same to other woman. It is a horrible experience for me but, I tried many times to leave her but, she promised me so much and knew how to get the best of us girls. I woke up one day! Yes very thankful for Fattorosi and Whiteacre…. So please lets just stay focused on LUBBEN!
@At origen and ajs NO i am not returning to the industry my main focus is my recovery and my daughter.
Maddy you should write or blog on your own independently about your thoughts and feelings on this situation.
I took the time to look at the videos I could find in regards to the different interviews you’ve done over the years (while you were in porn with luke ford, with the pink cross, and the latest with whiteacre) and from what I can tell in all of them, though you gained different perspectives, you maintained a lot of inner strength and sense of self.
I think you’re just trying to find where you fit into life. It’s hard but you’ll get there.
You just gotta be careful to avoid being exploited anymore. No one and no group can carve a niche in life for you – you have to do it on your own.
You don’t have to be pro-porn or anti-porn / pro-lubben or anti-lubben . You don’t have to join up with anyone or join any group/team because the important part in my view in your situation is sharing with other young women your journey (un edited).
Young women need to know exactly where you were and what is currently happening with you now (and also later in the future).
I can see how you don’t want the pink cross to use your footage in their materials and I don’t blame you. Something is wrong there – and the way a lot of it is put together is probably embarassing, however I think your interview (tell all) that you did explaining about how you were tricked into doing that 75 guy scene is something that people (especially young women) need to know about in case they decide to go into porn. You gave them a heads up and that’s what’s needed because porn world does like to keep things quiet.
I hope everything works out for you and your daughter. Being that you have a daughter PLEASE stay away from anything adult related now and people who are attached to the adult industry even because in your situation both you and your child ARE prime targets. Sometimes people who seem nice and helpful in actuality are complete sickos.
Rely on yourself and help yourself. Always retain a bit of distrust.
Let’s not forget when Fattorosi said this:
“I get a lot of calls from girls about the site but for the most part I just tell them their real names arent private information and there’s little they can do. I have no interest in getting involved with trying to take this battle on. These internet cases are keeping me busy. People in the industry already think I am your lawyer so they dont really like the fact that Im not coming to help out the girls. None of them have any money and I really dont take blow jobs for legal services.”
I’ve talked to people in law enforcement. Donny is looking at 10 years if he returns to the United States for extortion among other things. Remember all his postings to “surendor” to him or he would keep going and post more? That’s fellony charges that stacked up because their were so many of them. And they were/are looking into Fattorosi for helping Donny, a fugitive! Fattorosi was even turned into the California bar, who knows if he even is a real attorney anymore.
Porn industry is quick to forgive scumbaggy men that work there (ie: fattarosi, jack venice, etc. But the law isn’t.
Add Brian Surewood in my list of scumbags.
as i stated prior cindy is friends with fattorosi. in addition this lawsuit which is not a lawsuit just two letters was done prior to him being outted. maddy did fattorosi actually sue for you for free?
There is a big difference in writing letters, and as to fattorosi having enough work read the e-mails that were outted where fattorosi says it’s slow. who would go to him other than some minor players in the porn industry.
threatening to post stuff is not extortion. it is blackmail. people in law enforcement have misinformed you.
@witega Oh that’s probably what I ment. I’m not out doing those sort of things and will never be charged with it so what do I know? Close enough.
Brian Surewood is not a scumbag, AJS. I believe he got railroaded by an EXTREMELY biased and political trial (remember the politicians grandstanding before the trial on t.v.?) which amazingly and blindly trusted the scumbag who hit the family who claimed Brian caused it. But saying that was a way of him to attempt to avoid full blame and maximum sentencing.
that’s probably what you meant? does that mean you don’t really know what you meant?
speaking of Brian, shouldn’t he be getting out soon. I remember reading something..
The latest in the Lubben saga: Shelley Lubben’s own brother and mother share their side of the story (and, surprise, surprise) it in NO way resembles Shelley’s account: (Above on LIB)
this is going to be a good one!! let it all begin! yahooooo!!!
Yeah, good luck with that one. She had our information on every site she owns and it still isn’t all taken down because she uses this to get donations. She doesn’t share them with anyone but she definitely likes to get them.
I had a fan send her money in my name after we went to her for help and she told me they couldn’t accept donations on behalf of me and for our assistance. Within a few weeks of posting our information everywhere, she dropped us saying she needed the donations for travel expenses to conventions and speaking engagements so she didn’t have anything to give us.
This was after she made me sign a contract shutting down all sites and giving up any residual monies. So, Pink Cross makes you cut off all money from porn because it’s “dirty” money but after they use your name and story to get donations rolling in, they dump you and tell you to go get a job!
btw they didn’t even know how to direct me to health and other services that are free for those rebuilding their lives. There’s many programs and people to help.
Pink Cross, their staff and Shelley had no clue and gave no assistance to find it!
Didn’t you keep the SUV she rented for you longer than you were supposed to, Desi?
Anyhow, did your daughter bounce back well from her pregnancy? Ellie was so fine, she could even get you work.
White we’re on the subject of Lubben — here’s something the whole family can enjoy: It’s Peanut Butter Shelley Time! http://www.youtube.com/watch?v=GY26rZHbH8s