Henreid v. Kodner Watkins LC

CourtDistrict Court, E.D. Missouri
DecidedJune 14, 2024
Docket4:23-cv-00249
StatusUnknown

This text of Henreid v. Kodner Watkins LC (Henreid v. Kodner Watkins LC) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henreid v. Kodner Watkins LC, (E.D. Mo. 2024).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

PAUL HENREID, ) ) Plaintiff, ) ) v. ) Case No. 4:23CV249 HEA ) KODNER WATKINS LC, et al., ) ) Defendants. )

OPINION, MEMORANDUM AND ORDER

This matter is before the Court on Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint, [Doc. No. 28]. Plaintiff has filed a response to the Motion, to which Defendants have filed a reply. For the reasons set forth below, the Court will grant the motion to dismiss. Facts and Background1 While not a model of clarity, Plaintiff’s Amended Complaint alleges the following: Pursuant to a written agreement, Plaintiff hired Defendant law firm Kodner Watkins LC and Defendant attorneys Albert Watkins and Michael Schwade in January 2018 solely for an expungement of one count from Section 565 of the

1 The recitation of facts is set forth for the sole purpose of this Opinion. It in no way relieves the parties of the necessary proof of the facts in later proceedings. Missouri Revised Statutes pursuant to Mo.Rev.Stat. § 610.140. Plaintiff paid Defendants $5,000 for securing the expungement.

After hiring Defendants for expungement, Defendant Schwade called Plaintiff and requested permission to communicate with the attorneys for Governor Greitens regarding clemency. Plaintiff told Schwade not to do anything that would

adversely affect him or the petition for expungement. Defendant Schwade concealed the true intent of the defendants during the telephone conversation. He knew their intent was to create a fake news story connecting Plaintiff to Governor Greitens. They intended to disseminate the news story nationally via the St. Louis

Post Dispatch and Associated Press. The news story was disseminated. Defendants knew the natural and foreseeable consequence of such press conferences and media their client would end up on the World Wide Web (the

internet) permanently. Defendants were attempting to conceal their intent during the telephone conversation under the guise of communicating with the Governor’s lawyers about clemency. Defendants held press conferences about their client and fabricated fake

news about their client seeking Executive Clemency knowing they were not hired to seek clemency. Defendants spread fake news stories connecting their client to then Missouri Governor Greitens and held de facto press conferences in some type

of media blitz on or around May 2018 that resulted in more nationwide, permanently bad internet articles about the plaintiff than ever before. The fake news connected Plaintiff to then Governor Greitens, who was charged with

invasion of privacy by the St. Louis Circuit Attorney. Greitens apparently made the same argument to dismiss that Plaintiff made decades before. As a direct result of “these attorneys backstabbing their own client,” internet search engines stated the

opposite of the government record and the fake news story stating their plaintiff was convicted of dismissed charges and falsely stating Plaintiff was charged with the serious crime child abuse which was never alleged nor occurred. Plaintiff alleges Defendants created false news knowing it was false and

knowing it violated their ethical duties of loyalty and confidentiality. The fake news makes statements of alleged fact about matters Defendants know they could not know about from a criminal case almost three decades ago that has been

statutorily “closed and confidential” for decades. Despite knowing they knew nothing about the facts of the underlying case or anyone involved, Defendants held press conferences to disclose confidential attorney-client privileged communications and documents. They fabricated statements that appear as

admissions that make the client look guilty of charges dismissed almost three decades ago that are statutorily closed and confidential. Defendants knew the false news of their client committing child abuse and child pornography would be

permanent on the internet. Defendants knew readers would believe the fake news. Defendants unlawfully disclosed incriminating facts to the press. Plaintiff further alleges Defendants gave records that were no longer public to the press. Many of

the statements made to the press were not in the public record, and the defendants could not have known about incriminating statements they made. None of the documents would have been public record after the expungement.

Yahoo’s internet search engine result also falsely stated the plaintiff was convicted of the dismissed charges the defendants resurrected in their fake news media blitz. Plaintiff claims as a result of Defendants’ actions, he has spent tens of

thousands of dollars fighting to remedy the problems caused by the fake news, lies, and media blitz Defendants fabricated in 2018. Plaintiff changed one letter of his surname in 2005 to protect his privacy on

the internet; Defendants revealed this in their 2018 media blitz, defeating the purpose of the name change. On or around March 2023, Defendant Watkins provided the press potentially inflammatory selections from attorney-client privileged communications to

adversely impact his former client and prejudice the jury pool. The Amended Complaint contains the following counts: breach of fiduciary duty/constructive fraud, (Count I); negligence, (Count II); fraud, (Count III);

intentional infliction of emotional distress, (Count IV). Defendants move to dismiss pursuant to Federal Rules of Civil Procedure 8, 9, 12(b)(1), and 12(b)(6).

Discussion Rule 8(a)(2) provides “[a] pleading that states a claim for relief must contain:… (2) a short and plain statement of the claim showing that the pleader is

entitled to relief… To satisfy Rule 9(b), the party alleging fraud “must typically identify the ‘who, what, where, when, and how’ of the alleged fraud.” BJC Health Sys. v. Columbia Cas. Co., 478 F.3d 908, 917 (8th Cir. 2007) (quoting United States ex rel. Costner v. URS Consultants, Inc., 317 F.3d 883, 888 (8th Cir. 2003)).

The primary purpose of this particularity requirement is to “facilitate a defendant's ability to respond and to prepare a defense to charges of fraud.” Commercial Prop. Invs., Inc. v. Quality Inns Int'l, Inc., 61 F.3d 639, 644 (8th Cir. 1995).

In order “[t]o survive a motion to dismiss, a complaint must plead sufficient factual matter to ‘state a claim to relief that is plausible on its face.’” Edwards v. City of Florissant, 58 F.4th 372, 376 (8th Cir. 2023) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). “A claim is facially plausible if the plaintiff pleads facts that

allow the court to draw the reasonable inference that the Defendants is liable for the misconduct alleged.” Ahern Rentals, Inc. v. EquipmentShare.com, Inc., 59 F.4th 948, 953 (8th Cir. 2023) (internal quotation marks and alteration omitted) (quoting

Iqbal, 556 U.S. at 678)). “If, on the other hand, the plaintiff pleads facts that are merely consistent with a Defendants’ liability, the complaint stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal quotation

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