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I information and address. The Fact Sheet directs all questions to DeArth of Genesis and contain <br /> 2 his contact information. As evidenced by the Envelope, Genesis mailed the Fact Sheet t <br /> 3 Plaintiffs' neighbors and various third parties <br /> 4 45. DeArth is the President and a Member of Genesis. DeArth and Genesis az <br /> 5 Coldani's agents as Coldani has hired DeArth as an expert witness in the Federal Action, which <br /> 6 is based in part on some of the same allegations contained in the Fact Sheet, <br /> 7 46. Coldani has admitted to third parties that he is responsible for publishing an <br /> 8 distributing the Fact Sheet. <br /> 9 47. The statements published in the Fact Sheet are defamatory on their face. <br /> 10 48. The statement that "local groundwater has been contaminated with nitrates as the <br /> 11 result of improper and unlawful dairy operations at the Lima Ranch Dairy" is defamatory on it <br /> ace_as_iLfalseLyalleges-that-Lima--Ranch-epgratgs in an unlaw€al rriatuier (Emphasis added.) <br /> 13 49. Lima Ranch is in fact operating in a lawful manner and is in compliance with al <br /> 14 RWQCB regulations including WDR 2007-035. Aside from the regular inspections that the <br /> 15 RWQCB conducts for all dairies, the RWQCB is not investigating Lima Ranch for an <br /> 16 violations. <br /> 17 50. The file that the RWQCB maintains with regard to Lima Ranch shows that: <br /> 18 a. RWQCB is not investigating Lima Ranch at this time. <br /> 19 b. Lima Ranch is not under any enforcement orders at this time. <br /> 20 c. RWQCB has no outstanding issues with Lima Ranch at this time. <br /> 21 d. Lima Ranch has turned in all paper work required to be provided by dairie <br /> 22 under WDR 2007-0035. <br /> 23 e. RWQCB conducted an inspection on February 3, 2009. RWQCB inspecto <br /> 24 Sean Walsh prepared an inspection report ("Inspection Report"). Th <br /> 25 Inspection Report stated that "No violations were observed." The Inspectio <br /> 26 Report further stated that "Silage seepage was contained and/or diverted to th <br /> 27 wastewater settling basin or lagoon. The wastewater lagoon ha <br /> 28 approximately 3-5 feet of freeboard and was free of any significant roden <br /> IERUM'CRABTREE <br /> 9 <br /> COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT <br /> INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD <br />