J & J Reptiles Update

Well I have not gotten an email back from Jim's lawyer and have given her ample time to respond to my last email to her so I am considering this matter ended with no compensation coming my way ...... Here is all the info I have for all of you to look at and comment on if you like .....

Jim's offer


Dear Ms. Thompson:

Re: J & J Reptiles Incorporated

I have been retained by Jim Dyke of J & J Reptiles to assist in resolving the dispute between you.

He wishes to offer you 1039 adult mice, $200 cash for power and water and 20 bails of shavings in an attempt to put an end to the disagreement. I expect you know that it makes your business look unprofessional when you post your disparaging and perhaps defamatory “opinions” on your blog. You disclaimer of “opinion only” will not protect you from a charge of defamation.

I will not presume to suggest how you should run your business but I can assure you that making disparaging remarks about anyone, makes people want to stay away from you because you may do the same to them.

In any event, I hope you will accept Mr. Dyke’s offer, execute the Release and return the original to my office where I will hold it in trust until Mr. Dyke has provided you with the consideration listed above and you have removed all derogatory comments from your blog.

If you wish to discuss this matter, please do not hesitate to contact me.



And release I was to sign


FULL AND FINAL RELEASE

IN CONSIDERATION of one thousand and thirty nine (1039) adult mice, $200.00 cash for power and water, twenty (20) bails of shavings, Wrapped up in Reptiles, it’s owners, affiliates, subsidiaries, officers, directors, agents and employees (the Releasor) hereby releases and forever discharges J & J Reptiles Incorporated, its owners, its affiliates, subsidiaries, officers, directors, agents and employees (the Releasee) from any and all actions, causes of action, claims and demands for damages, damages for loss or injury, howsoever arising, which heretofore may have been or may hereafter be sustained by the Releasor in consequence of any arrangement that Wrapped Up in Reptiles has had with J & J Reptiles Incorporated to the date of executing this Release.

I FURTHER AGREE not to make any claim or take any proceeding against any other person, business or corporation who might claim contribution, indemnity or other relief over against the Releasee.

IT IS UNDERSTOOD AND AGREED that the consideration under this release is deemed to be no admission whatsoever of liability on the part of the Releasee.

THE RELEASOR COVENANTS AND AGREES that Wrapped up in Reptiles will cease and desist from making any derogatory comments about the Releasee, to remove any existing derogatory comments and post on the blog that the Releasor has been compensated by the Releasee.

THE RELEASOR RECOGNIZES the importance of the agreement to cease and desist from derogatory remarks against the Releasee and the monetary damages that could be caused if the RELEASOR breaches this agreement and that the Releasor would be required to pay those to the Releasee. If legal recourse is required to prove a breach the Releasor will pay the full legal fees of the Releasee.

THE RELEASOR CONFIRMS that it has received independent legal advice or was given the opportunity to obtain independent legal advice and understand what is being signed.

Dated at Calgary, Alberta this day of , 2009

Wrapped up in Reptiles

__________________ _________________________
Signature
Witness signature I have authority to bind the business

_________________ ___________________________
Witness name Name


Then her email to me when I didnt get back to her right away


Jim Dyke has advised that his offer which is attached again for your ease of reference is open for acceptance until the end of the day on April 6, 2009 after which it will be withdrawn unless we are in negotiations. I will be away from April 7 until Tuesday after Easter Monday. Please do not hesitate to contact me if you have any questions.


My email back to her

Hello ,

I am preparing a counter settlement and I will send it to you by fax and email by the end of the week . I will also send it registered mail but thought you should have it by fax and email before the registered letter gets to you .


Thank You
Annette Thompson

Wrapped Up in Reptiles
[url]www.wrappedupinreptiles.com[/url]


Her response

Annette: You do not have to waste money on registered mail. I will acknowledge your counter offer.


My counter offer


RE: J&J Reptiles Incorporated
In response to your letter dated March 23, 2009, regarding Mr. Jim Dyke of J&J Reptiles’ offer of settlement, I submit to you the following counter offer:
I feel my Invoice numbered 2006080 for $17,975.58 is a very reasonable and fair amount for boarding Mr. Dyke’s twenty-one snakes for 41-79 weeks, since most facilities charge $35.00 to $45.00 per week per animal.

However, in the spirit of cooperation, I am willing to accept $10,379.60 in cash, money order or certified check. This counter offer is based on $7.70 per week per animal instead of $12.70 per week per animal and does not include interest for the past five months or the GST.

If this offer is accepted by Mr. Jim Dyke, I expect a full and final release as you have written in your letter, signed by Mr. Dyke and his wife Jodi Dyke, for myself and my company Wrapped Up in Reptiles, before any and all references, in my Blog, to Mr. Dyke and J&J Reptiles is taken down.

If this offer is not accepted by Mr. Dyke then I would be amenable to mediation regarding the full amount of my original Invoice numbered 2006080 for $17,975.58, before I take any legal action. This offer is open until April 21, 2009.



Her response to me


I got the counter offer by fax and since it ridiculous and no one suggested this was negotiable I will advise my client to not accept it. He may however post his offer and your counteroffer on the internet unless you accept it by Monday.


My response

Hello ,

I am sorry you feel this way . So I guess any mediation is out as well .

Please let Mr. Dyke know he can go ahead and post his ridiculous offer and my counter on the BOI .

Thank You
Annette Thompson

Wrapped Up in Reptiles
[url]www.wrappedupinreptiles.com[/url]


Then

I will pass along your suggestion of mediation to Mr. Dyke.


Then

Ms. Thompson:

Mediation is pretty expensive and I do not think it is worth the expense.

Mr. Dyke would like you to reconsider his initial offer which he believes represents the most you could possibly be out of pocket. Clearly he would like the dispute to end as there is no contract and nothing owing.

I will be away from Thursday at noon until the Tuesday after Easter.

Please try to think of this objectively and without emotion and provide me with your final word on this matter as soon as you can and in any event by April 14, 2009.

I hope you have a nice Easter weekend.


My final response to her

Hello ,

Since Mr. Dyke's offer is less then 1/3 of the food expense not to mention it does not even cover my heat and labor expense it is not a fair and reasonable offer to me .I still think mediation is something to look at , but if Mr. Dyke finds that it's to expensive I don't see why this has to go on any further . If Mr. Dyke is not willing to offer to meet me half way on my counter at the very least , then I think this matter is closed and Mr. Dyke will have to live with my Blog and anything else I see fit to put on it and I will have to live with being ripped off for 18 months of caring for his snakes .

Thank You
Annette Thompson

Wrapped Up in Reptiles
www.wrappedupinreptiles.com


This about sums it up ......Jim will have to accept that my Blog stays and I will have to accept that I was RIPPED OFF for my time and money for caring for his snakes for almost 2 yrs ..