The Strange Case of Kelly Shibari / Margaret Miles & The Missing Documents: LA Superior Court Case Number 11M09233
EPILOGUE: JUDGMENT FOR THE PLAINTIFF
“Thou Shalt Not Steal.” Exodus 20:15
The US Court System isn’t always fair, but this time, justice has been served and a bully has been punished. The “firm” of Block, Lobkowicz & Bonobos has won another case: our lawsuit against Kelly Shibari/Margaret Miles (heretofore referred to as “Kelly”) for stealing and deleting various important proprietary documents, lists and emails just before she left her position as producer of The Dr. Susan Block Show.
Though we feel grateful and vindicated for our victory, we are not rejoicing to see a fellow member of the sex-positive community so judiciously exposed. We tried everything we could to communicate “the old-fashioned” way with Kelly—through numerous phone calls, emails, texts and mutual colleagues—before this went to trial, to get her to return our stolen documents , help reconstruct the ones she deleted or just talk to us about what happened. When all we got was the proverbial “cold shoulder” from this individual we had so warmly welcomed into our community for nine months, we sought recompense in the U.S. Court System and, thankfully, we got it.
This being small claims court, we were not represented by attorneys, but we had our timeline, witness statements and evidence in order. The Honorable Robert S. Harrison read through our documents and hers for about 10 minutes, and then asked us very few questions, focusing 80% of his inquiries on Kelly.
Since there was no court transcription, the following is based upon our recollection. Kelly’s main defense seemed to be that she didn’t delete *as much* as we said she deleted, and besides, she figured we probably have copies of almost everything she deleted in other accounts or on other computers or “somewhere,” so why did it matter? When she said that, Commissioner Harrison looked her in the eye and asked pointblank, “Why did you delete ANYTHING?” When she didn’t answer, he asked again and added, “Were you angry?” to which she replied very quietly, “No.” Then he asked her, “Did you do this on your computer or their computer?” To which she responded even more quietly, “Theirs.”
That seemed to clinch things, since deleting anything from someone else’s computer without their express permission is illegal, not to mention downright nasty, and Commissioner Harrison didn’t ask many questions after that. This was a bit frustrating as we had a LOT to say! But our past experience in court tells us that if the judge or commissioner is on your side, he doesn’t ask you much; he directs his questions at your opponent whom he suspects of wrongdoing. So he does *let* them talk more, which is great in radio but bad in court, as it tends to mean he is leading you into hanging yourself with your own words. And that’s exactly what Kelly did.
Kelly’s countersuit against us for harassment and extortion was thrown out. Commissioner Harrison asked her a few questions about it and didn’t ask us anything. Basically, her main gripe was that we used her real name as well as her porn name in both court documents and this blog. This is not illegal in any way and, as Commissioner Harrison understood, we needed to use her real name for court documents (which are public records) and because that’s the name to whom we made out her checks. We needed to use her porn name as well, since that’s the name she used as our former show producer and member of the Speakeasy community.
Again, we do not glory in this victory. The various threats we have received from Kelly, her boyfriend Timothy Rowland, aka Tim Von Swine, and other associate thugs have been unnerving, to say the least (and though we just missed getting restraining orders against them by five minutes due to waiting in an unusually long line to get into the courthouse, we’re prepared to re-file if they threaten us again). The money that Kelly has been ordered by the court to pay us barely covers the damages she inflicted on us through her theft and vandalism, let alone the costs of mounting the suit.
Nevertheless, at least, she didn’t “get away with it,” and we hope that she learns something from this. We certainly have. We learned that although it may be tough, tedious, nerve-wracking and scary to defend yourself against vandalism and thievery, in the end, sometimes, you are rewarded with a juicy blowjob of justice from the mighty mouth of the U.S. Court System.
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Tawny
04 · 3 · 12 @ 5:41 pm
Did you guys ever actually collect your money from her?
Max Lobkowicz
04 · 5 · 12 @ 12:59 am
So far she has ignored the court order to pay as well as our demands for payment. Therefore we are in the process of getting a Writ of Execution on the judgement. If we can not collect, she will be brought in on a Judgement Debtor Hearing where she will have to bring in copies of her bank accounts and information on other assets she may own or income she gets from her current employer Studio Servitu, website or distribution deals. Perhaps Miss Miles thought that we would let her get away with her vandalism because I was fighting my cancer…Kelly Kelly how ignorant you really are.
ms. krickette
02 · 7 · 12 @ 7:05 pm
Sorry to hear of the whole mess. Glad justice paid off. As russell used to say yes, back up,back up and back the fk up again! Lol! ;) I know how confidential and important many of your documents and files can be…I just can’t believe someone actually “went there” and did that to u guys. U guys really do try to help the underdogs out there, and do very nicely. As years go by you’ve just gotten better and better. Cheers! (Fernet Branca anyone?) ;) peace, nanette~
Bob Gryszka
01 · 10 · 12 @ 12:27 pm
WAY TO GO, SUSAN! VERY HAPPY FOR YOU.
Ultra Vulgar Super Fiend
01 · 9 · 12 @ 2:18 pm
The Curious Case of Kelly Shibari is live! Wish I could have been of more help but I’m glad for the verdict. http://goo.gl/wre6n
Tawny
01 · 9 · 12 @ 7:44 pm
Thanks, Ultra Vulgar. Great follow up and we now we know how much the judgement was. I keep thinking “karma”. Wasn’t that Miss Miles favorite word?
Sébastien Suzin
01 · 9 · 12 @ 1:15 am
very happy for you!!
Robert
01 · 9 · 12 @ 12:38 am
WAY TO GO! VERY HAPPY FOR YOU.
Where's the Beef?
01 · 8 · 12 @ 6:05 pm
Congratulations, I hope you guys milked as much money as you could out of that cow!
Max
01 · 8 · 12 @ 3:50 pm
This message is directed to you Kelly. I feel bad for what has happened to you. But life is tough, as I’m old enough to know. We make mistakes, errors in judgment stemming from some deep emotional issues that we feel are paramount at a certain moment in our lives. Unfortunately, we are often stupid and blind in the present moment. We can imagine the future and we can explore the past but the present is a blind spot in our mirror of life, it is what creates the future and inscribes the past. Like everyone else, you must live with what you plant in your garden of life.
Susan and I did you no harm. We tried to help you in a time in your life when you needed help, when your mother was dying and you needed a place to stay and money to pay off your car. Then your emotions and ego got the best of you and you bit our hand, vandalized and stole from us and you burned yet another bridge. You were proud of burning that bridge, enough to crow about it on Twitter. But the bridge you burned has now burned you. And now you must live with the consequences of your actions, as we all must.
But I’m warning you, as a friend, if you continue to use our stolen lists and files, there will be more legal consequences. So I’m going to ask you nicely…remove any stolen data that we paid you for from your computer, and do not allow anyone else to use that information, or we will bring restraining orders against you and your current employers. Yes, life is tough, and we will take whatever legal measures to defend ourselves, our community and our property against your unwarranted behavior.
Best of luck with your new Xbiz assignment.
Max
someone who knows
01 · 7 · 12 @ 12:58 am
Karma is a bitch, eh Ms. Miles?
Yossi Vardan
01 · 6 · 12 @ 7:26 pm
I was going to say something else in regards to “justice” but I better be quiet.
Yossi Vardan
01 · 6 · 12 @ 7:23 pm
Oh, thank G-d at least one good news!!! Mazal Tov Mazal Tov. Your comments on the case are so rabinically correct :) Probably too correct. This is exactly what Alter Rebbe says in his book of Beinonim, Book of Tanya.
Yardley Scully
01 · 6 · 12 @ 7:00 pm
Winning is good, but it only softens the blow of what you have lost.
OBYONETAOPY
01 · 6 · 12 @ 1:11 am
it’s a SHAME Kelly Shibari,those kind of people r an insulte to kindness n generosity,I”ll kick her NOW out OF my TWITTER’s friends
Randy Rhoads
01 · 6 · 12 @ 12:19 am
I’m happy that you won your case, and that justice was properly served. Congratulations to Dr.Block!
Tawny
01 · 5 · 12 @ 11:11 pm
Congrats to Dr. Suzy and the crew on a well won victory. I’m glad you stood up for what’s right and let Margaret Miles know she’s not above the law.
Sounds like she’s screwed over a lot of people and it’s time to pay the piper. It’s unfortunate she’s part of the porn industry–it’s hard enough to be in the industry with the way public perception is, but her behavior solidifies this, and that’s the last thing we need. Sadly.
Anyway…bravo on a job well done!
David Calderon
01 · 5 · 12 @ 11:02 pm
Sorry you had to be put through these things :/
Mariela
01 · 5 · 12 @ 8:35 pm
What the?! Crazy stuff; really glad to hear you guys won.
Maureen D.
01 · 5 · 12 @ 8:20 pm
So glad you won! Three cheers for Commissioner Harrison for being able to catch a thief. And so ridiculous for her to try to sue you back for exposing her name(s) when they’re right on IMDb:
Kelly Shibari – IMDb
http://www.imdb.com/name/nm3404530/
Born: Margaret Miles · More at IMDbPro
What a nice kickstart to a new year.
Richard Z in the Fashion District
01 · 5 · 12 @ 7:41 pm
Dear Dr. Suzy,
Congratulations. Victory is sweet, but I know this one’s kind of bittersweet. I feel for you. I’ve been running my own business for years and find that most unhappy people try to dump their failures on you. I’m also in the fashion biz and over the years I’ve been sued, bad mouthed, stolen from, physically attacked, blamed for heart attacks, deaths of cats and dogs and an endless litany of problems in my employees’ lives. Their problems never end and they grow old and angry.
I hate to be cynical but most of humanity lives in a cesspool of lies, daily gossip and the blame game. One thing I have learned is that you eliminate people from your team who are not happy with themselves because they tend to want to inflict pain on others as a way to make themselves feel better.
And this guy Tim Von Swine is the elegant face of porn…no wonder people think that people in the adult industry are sleeze bags.
Well, there is 1% of us that are at least try to be decent people (not the rich 1%)….thank you always for your work in sex and in the law (I know you’ve fought several interesting cases and won).
Happy new year to you and your people. And congratulations again. Hopefully, you won’t have to do this ever again. But I imagine you will.