DRYSDALE. McLEAN WILLETT, PLLP

DRYSDALE. McLEAN & WILLETT, PLLP
Attorneys at Law
James A. McLean
Andrew J. WiIlett*
Established in 1969
Douglas R. Drysdale
1922 - 2011
2066 Stadium Drive, Suite 101
*Also Admitted
in Colorado
BOZEMAN, MONTANA 59715
FAX (406) 582-0028
Telephone (406) 582-0027
[email protected]
March 24,2014
Conveyed via Certified Mail and email: [email protected]
Ed and Billie Bleier
P.O. Box 160234
Big Sky, MT 59716
RE:
Cease and Desist Slander and Defamation of Character
Dear Mr. and Mrs. Bleier:
This law firm represents Chris Baillio, dba: Elevated Property Management. If you are
represented by legal counsel, please direct this letter to your attorney immediately and have your
attorney notify us of such representation.
You are hereby direc~ed to cease and desist all slander and defamation of our Client's
character and reputation.
Our Client is a respected professional in the Big Sky community. He has spent over a decade in
his profession, building a positive reputation as a property manager. Mr. Baillio has learned that
you have engaged in making false, destructive, and defamatory statements about him to the
Board of Directors of Cedar Creek Owners Association and Cedar Creek's residents and owners.
The statements made by you regarding our Client and the tenants in the units he manages are
false, defamatory, and constitute tortious interference with business, and as such, are actionable
under Montana law.
It is unlawful to engage in defamation of another's character and reputation by slander. Montana
Code Annotated 27-1-803(3) defines slander as a false and unprivileged publication other than
libel that tends directly to injure a person in respect to the person's office, profession, trade, or
business either by imputing to the person general disqualification in those respects that the office
or other profession, trade, or business that has a natural tendency to lessen its profit.
Your defamatory statements involved making knowingly false statements alleging a dog was
staying in a unit he manages, alleging noise complaints without verifying or documenting proof
and not notifying the tenant or property management before contacting the unit owner to
complain, and contacting Mr. Baillio's clients and the Board of Directors via emails which state
that our Client does not follow the HOA rules, that only his units are problem units, and alleging
Ed and Billie Bleier
March 24, 2014
Page 2
our Client is a bad property manager to the Cedar Creek Association, Cedar Creek unit owners
and the Association Manager.
Accordingly, we demand that you (a) immediately cease and desist your unlawful slander and
defamation of our Client and his management of his clients' units; (b) immediately cease
harassment of our Client via phone and email; and (c) provide us with prompt written assurance
that you will cease and desist from further slander and defamation of Mr. Baillio's character and
reputation by your signature and return of this correspondence within ten (10) days.
If you do not comply with this cease and desist demand within this time period, our Client is
entitled to seek monetary damages and equitable relieffor your defamation and slander. In the
event you fail to meet this demand, please be advised that our Client has advised us to
communicate to you that he will pursue all available legal remedies, including seeking monetary
damages, injunctive relief. and an order that you pay court costs and attorney's fees. Your
liability and exposure under such legal action could be considerable. While we certainly hope
this is not necessary, we are prepared to pursue whatever avenues are necessary on behalf of our
Client to stop the continued false and defamatory statements made by you against him.
Before taking these steps, however, our Client will give you one opportunity to discontinue your
illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign
and return the attached Acknowledgment within ten (l0) days to the address in the letterhead
first hereinabove.
We recommend that you consult with an attorney regarding this matter. If you or your attorney
has any questions, please contact our office directly.
Sincerely,
DRYSDALE, McLEAN & WILLETT, PLLP
Acknowledgement
We, Ed Bleier and Billie Bleier, by our signatures hereto, acknowledge receipt of this Notice to
Cease and Desist Slander and Defamation of Chris Baillio dba: Elevated Property Management
and hereby agree to cease and desist all such slanderous and defamatory communication and
harassment.
Acknowledged and agreed this __
day of
,.2014.
I
Ed Bleier
Billie Bleier