AZ Judge Denies Motion to Dismiss Founder’s Lawsuit and Rejects Board’s Attempted Power Grab
February 15, 2023
Court Rebukes Board for Legal Failures by Wagenmaker Law Firm, Confirms Gold Has a Legitimate Case
PHOENIX, Ariz. – A lawsuit brought by the Founder of America’s Frontline Doctors (AFLDS) Dr. Simone Gold on behalf of the organization against several rogue board members was strengthened by a brief, but clear decision to deny both the defendants’ attempt to dismiss the suit, and their illegitimate attempt to expand their power and authority. This attempt consisted primarily of these Board members trying to seize control of all AFLDS bank accounts in a clear money grab, along with their bid to hijack control of the AFLDS website and all other assets, in a ploy to force the ejection of Dr. Gold and her entire staff of nearly 50 people. The judge started his decision by noting:
“Defendants apparently did not comply with Rule 12(j) before filing the Motion. Defendants are rebuked for not following the rules.”
On the Defendants’ Notice to the Judge to expand their authority and control over Dr. Gold, the Judge decided in 12 words to DENY Defendants’ Notice. This failed motion by the Wagenmaker & Oberly law firm and the Board cost AFLDS donors thousands of dollars when a mere mediation between the parties would have potentially resulted in an amicable settlement while preserving valuable donation funds.
The Arizona judge further noted that Gold, who was always Chairman of her own board until a disputed discussion about changing her status in early 2022, has provided the court with a legitimate claim that she remains a controlling member:
“The sole question before the Court is whether Gold has adequately pled a claim that she is a Director. She has.”
This entirely debunks the false and wildly reckless claims by not only Gilbert but hired media hitman Kevin Jenkins on recent news programs, ranting about Gold “losing” the case and being “fired” from her own organization. To the contrary, the judge continued:
“Gold has asserted a viable cause of action…If the resignation was conditional, then Gold has a viable claim that she is still a Director…The Complaint alleges that ‘Mack and Matthesius have supported, facilitated, and/or permitted Gilbert’s wrongful acts and attempt to seize control’ of the company. Gold contends that supporting and facilitating fraudulent conduct is itself fraudulent. The Complaint also alleges that Mack and Matthesius failed to act when notified of Gilbert’s alleged wrongdoing. The Complaint claims that Mack and Matthesius failed to investigate Gilbert and failed to act in the best interest of the company. The Complaint further alleges that Mack attempted to pressure Gold into causing AFLDS to donate $2.5M to an event he was organizing.”
The court statement concluded:
“There have been sufficient facts pled to state a viable cause of action for removal of directors against Mack and Matthesius.”
This confirms the claims filed by Gold against Board members Joey Gilbert, Richard Mack, and Jurgen Matthesius are legitimate and serious enough to potentially remove them from their Board positions, and sustains the lawsuit as it proceeds to trial, pending any peaceful discussions to negotiate an amicable resolution. Dr. Gold has continually asked the Board to pursue such a resolution with her in the best interest of the organization, and to honor the donors, staff, and many others who enthusiastically support Dr. Gold’s leadership of AFLDS and the consequential impact of the organization’s efforts since their breakthrough press conference on July 27, 2020.
Indeed, AFLDS Physician Liaison Dr. Bryan Atkinson recently submitted a signed letter of support, on behalf of the entire group of nearly 500 frontline doctors known as AFLDS Affiliate Physicians (APs), stating their firm belief that AFLDS would cease to exist without Dr. Gold’s unique and effective leadership.
AFLDS is encouraging the public to contact law firm Wagenmaker & Oberly, at [email protected], urging them to counsel the Board into heeding the Judge’s directive to refrain from any further inflammatory actions, and to swiftly pursue an amicable resolution with Dr. Gold.
As the litigation continues, Gold has affirmed her commitment to upholding the AFLDS mission of exposing corruption, along with doing her part to resolve any past disagreements with the Board and to produce a solution that allows AFLDS to not only survive, but flourish under her management as she prepares to launch several new initiatives in the medical freedom arena.
For reliable and accurate information regarding AFLDS, please consult our website, AFLDS.org.
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Media Contact Lisa Alexander, Communications Director | [email protected]