IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
CASE NO.: 14-CA-8902
DIV:

-v-

DARRELL VOLENTINE, an individual,

Also Known as "BUCCANEER1961 "
Defendant.
I
NOTICE OF HEARING
PLEASE TAKE NOTICE that Plaintiff, by and through the undersigned counsel, will call
the following up for hearing:
MATTER

Emergency Motion for Immediate Injunction

DATE/TIME

September 29th , 2014 at 11:00 a.m

LOCATION

800 E. Twiggs St., Room 524

Tampa, Florida 33602
Courtroom #508

JUDGE

Honorable Claudia Isom

TIME RESERVED

30 Mintues

CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing motion and notice
of hearing was furnished for personal service of process email service to Darrell Volentine via
service of process, service proof to be provided for filing and the Court on this 23rd day
September, 2014.

Is/ Craig A. Huffman

CRAIG A. HUFFMAN, ESQUIRE

IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CNIL DNISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
CASE NO.: 14-CA-8902
DN:

-v-

DARRELL VOLENTINE, an individual,

Also Known as "BUCCANEER1961"
Defendant.

I
VERIFIED
EMERGENCY MOTION FOR ENTRY OF IMMEDIATE INJUNCTION ORDERING
CEASE AND DESIST FROM CONTINUED INTERENT LffiEL PER SE
Plaintiff, SEAFARER EXPLORATION, a Florida Corporation, by action of the Board of
Directors, pursuant to Rule 1.610, Florida Rules of Civil Procedure, through the undersigned as
counsel for the Corporation hereby files and moves for the entry of an Emergency Immediate
Injunction against Defendant, DARRELL VOLENTINE, posing under the sued alias of
"Buccaneer 1961 ," after service of process of such lawsuit, is materially harming such Company
with continued postings oflibelous false statements directed to the Company, its Chief Executive
Officer, staff and others , including criminal actions and unethical acts which are completely
false. VOLENTINE's postings have caused a continuous substantial material effect on the
market place for the SEAFARER public shares, causing material damage to the Company and its
over 4,000 shareholders. The Plaintiff Corporation further avers:
1. This lawsuit was commenced against DARRELL VOLENTINE by the filing of the
Complaint in this Court on September 3. 2014. On the same date, a summons was issued at 2:16
p.m. Eastern Standard Time.

2.

Since such time, VOLENTINE has continued to post fraudulent and false

statements against the Company on the investment and stock market message board maintained
at www.investorshub.com, which is read by thousands of investors and literally hundreds of
SEAFARER's over 4,000 shareholders.

3. As a matter of record, VOLENTINE is not a shareholder of SEAFARER

EXPLORATION, and has been on notice that his postings are completely false and damaging
the over 4,000 shareholders of SEAFARER since he was served with Complaint which set out all
of the pertinent and true facts showing that his postings were not only false, but citing sources

4. On that same day, VOLENTINE, who lives in Nipomo, California, was served with
the Summons and copy of the Complaint filed in this cause of action, which included all relevant
and very particularized allegations of the falsities which VOLENTINE had posted of libelous per
se statements about the Company, management, operations, and related agents and experts.
5. SEAFARER EXPLORATION, as shown in the original complaint, is a publicly
traded corporation, with the stock symbol of SFRX, which is traded on the Over The Counter
Bulletin Board (OTCBB). Such common stock is held by over 4,000 shareholders, hundreds of
whom are in Hillsborough County, Florida. The Company is fully compliant and constantly
vetted by the SEC, FINRA, DTC and other agencies. The Company has no investigations or
other matters as to any agency and is fully compliant and audited on a quarterly and annual basis.
6. Per the records of the Transfer Agent for SEAFARER EXPLORATION, at no time
has the Defendant been a shareholder, investor, or in any way involved in SEAFARER, and has
not been a shareholder who has any stake in SEAFARER. Therefore, VOLENTINE has no
interest as a shareholder or interested party of record to SEAFARER to post any matters on a

stock board such as InvestorsHub. What VOLENTINE is doing through his posts is the outright
accusation of crimes and that the Management and Company are running a scam, when he has
direct served knowledge in the Complaint that what he states is false.
7. VOLENTINE, after being served with the lawsuit and the very particular evidence
that his statements made as shown in the lawsuit, which he has posted on line to thousands of
readers, shareholders, and investors, continued to post information that was not only untrue and
false, but was allegations of criminal actions by the Company, Chief Executive Officer, and
related parties to the Company. Such postings which were made continuously of materials by
another poster by the name of Kendrick Cook (posting under the name "Scamgea" and
"18Charlie" among others) who had been subject of an unrelated lawsuit, and had a preliminary
judgment against him in this Circuit, was convicted of criminal charges related to such
harassment, and is facing a trial on such matters. See Case ofBulova Technologies Group, Inc.
and Stephen Gurba v Kendrick Cook, Thirteenth Judicial Circuit, Case Number 13-CA-002828
and related criminal case of State of Florida v Kendrick Cook, Hillsborough County Case
Number 13-CM-007044.
8. Upon the date of service of the Complaint, SEAFARER's publicly traded common
Shares ended the trading day on September 3, 2014, at the price of$0.015 per share. After the
lost-service law suit postings of completely false information by VOLENTINE, the share price
of SEAFARER's common stock has dropped to $0.012 per share on selling volume.
9. SEAFARER's market capital decreased due to the actions and postings of
VOLENTINE, $2,715,000.00 due to his actions. The over 4,000 shareholders of SEAFARER
have been so materially affected by the postings of VOLENTINE that they have has suffered an
enormous economic impact by a person (VOLENTINE) who has no actual monetary interest or

holding in the Company of record. VOLENTINE cannot be allowed to make such postings on
the InvestorsHub web site which continue to harm and damage the Company with material
falsities of criminal or unethical wrongdoing as set forth below.
10. As well VOLENTINE acts as a "moderator" on such message board for the
SEAFARER board on lnvestorsHub. Such position is a voluntary one, where posters can
"volunteer" to monitor the board. Such posters have the ability to strike and delete postings made
by users. VOLENTINE has taken such role to an extreme after service of the lawsuit and has
consistently removed postings which were favorable to the Company, or any postings which took
issue and attempted to contradict his falsities that he was posting. VOLENTINE's actions have
resulted in the removal or restriction of literally dozens if not hundreds of favorable postings or
postings which challenged his diatribe of false allegations and accusations.
11 . To date, VOLENTINE has not filed any answer, dispositive motion or even appeared
in this matter in any fashion. Instead, VOLENTINE, apparently thinking that this lawsuit is one
to be laughed at, and that this Court is of no consequence, continues to "bash" and lie about the
Company, management, related parties and operations under his alias of "Buccaneer1961."
12. VOLENTINE has made the following postings which have directly led to such sales
and damage to the Company that he is harming and damaging all the shareholders and the
Corporation.
13. After Service ofthe Lawsuit Postings-Served on Sep. 3, 2014, the Defendant,
VOLENTINE, has continually posted, on InvestorsHub that were absolutely false and laden
with matters of deep deciept, even after the matters he raises had been fully vetted and shown to
be false in this same posting. Most damaging of all to VOLENTINE was that he is posting
information from another source (Kendrick Cook) who had already been ruled against and

removed as a poster from such sites as InvestorsHub, and faced criminal prosecution for his acts.
Thus, VOLENTINE is using false information from a completely incredible and lying source of
information, when he was shown in the served complaint that such postings were false.
Seafarer SFRX Postings by buccaneer1961
buccaneer1961 Member Level
Thursday, 09/04/14 08:36:38 PM
Re: None
Post# of37120
here is the ceo .. .i wonder if theres any complaints against any of those companies?
interesting how theres not really a background in treasure hunting compared to this!
Spartan group holdings inc is his company he founded .. .interesting reading use your own
judgement. ..
http://investing.businessweek.com/research/stocks/people/person.asp?personld=5905603
3&ticker=SFRX
oh what do we have here???

and Spartan group listed in this sec complaint?

http://www .sec.gov/litigation/litreleases/20 12/lr22579.htm
http://www.sec.gov/litigation/complaints/2012/comp-pr2012-278.pdf
this was 2008 its said he dosent take a salary, how do we know? this is old dated 2008
and he got money how much now? nobody does anything for free
http://www .forbes. com/profile/kyle-kennedy/
of course he is innocent...
14. In the above posting, which has been posted on numerous occasions including a
headliner posting which is one of the first things a reader sees on the SEAFARER message
board, on September 16, 2014, and on numerous occasions from September 3rd on until such
point. In this posting he refers to an SEC investigation which has NOTHING to do with either
SEAFARER or Kyle Kennedy, or even remotely related to anything to do with SEAFARER. The
investigations cited are of a Spartan Securities out of New York City, which has nothing to do
with Kyle Kennedy and the former firm he was involved with Spartan Securities Group, in St.
Petersburg, Florida. As a matter of fact, Kyle Kennedy has not been involved with the actual
Spartan Securities Group since 2009, so even the correct correlation of communication as to the
5

actual Spartan would no longer be true.

15. On September 16, 2014, VOLENTINE posted false information which was extremely
injurious and completely false as to SEAFARER, when he posted that SEAFARER was involved
in an SEC investigation:

"SFRX recently showed up in SEC ligitation:

http://www.sec.gov/litigation/complaints/2012/comp-pr2012-278.pdf''

16. Such SEC litigation has absolutely nothing to do with SEAFARER. SEAFARER is
not only not part of such litigation, but VOLENTINE shows his utter inability to do any reading
or diligence that he does not recognize that the litigation is against a Spartan Securities firm
involved is not even the same Spartan Securities that Kyle Kennedy was once related to in St.
Petersburg, Florida which is Spartan Securities Group. The groups he cites is a New York firm
and completely unrelated. This is pure idiotic vile and completely destructive lies which
VOLENTINE sets out to harm the Company and in so doing absolutely destroy the Company
and its shareholders. Such postings being read by investors, shareholders and others which is
completely false is causing direct an extremely large damage to the common share price, as well
as forcing investors and shareholders to lose millions of dollars in holdings. All due to one man's
incessant seemingly sociapathic lies against a Company he does not even own one share in.
17. VOLENTINE even posts attacks on the below signed counsel, which he did on
numerous occasions since he was served with the Complaint on September 3, 2014.
18. Again on September 16, 2014, VOLENTINE had posted that Kyle Kennedy, the
ChiefExecutive Officer of SEAFARER was a criminal when he posted such below in the
SEAFARER InvestorsHub board:

"Kyle Kennedy has a long history of being connected to some very dirty type penny
stock stuff going all the way back to the late 80s."

'16.

As well, VOLENTINE had posted on September 16, 2014, as he had on at least

five other occasions after being served with Complaint 13 days before, attacking and stating that
not only was Kyle Kennedy involved in criminal activity but so was the below signed counsel,
who represents SEAFARER. Again, VOLENTINE had posted a reposting made by the infamous
and convicted Kendrick Cook as cited above, who had posted under the name of"18Charlie."
buccaneer 1961
Re: None
Post# of37488

Tuesday, 09/16/14 02:54:01 AM

18charlie Tuesday, 03/05/13 08:08:35 AM

Re: None
Post# of37397
Kyle Kennedy Craig A Huffman FRAUDS ....
Huffman has a long nefarious history with John Stanton. LQQK we have another name
on Scamgea's list popping up on this report Kyle Kennedy career fraudster, more on him
later.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=82768307
nodummy.
19. The posting of falsities that Kyle Kennedy, the CEO of the Company is a "career
fraudster" and that the undersigned attorney and Kyle Kennedy are both "FRAUDS" is libel per
se, and is injurious to the Company as a direct link that VOLENTINE is attempting to implicate
that the Company is a scam and a fraud. Such is injurious to all shareholders of the Company,
and is causing severe economic damage by causing shareholders to sell such shares, decreasing
the market value of all shareholders due to his falsities.

FOR IMMEDIATE AND PERMANENT INJUNCTIVE RELIEF

7

NATURE OF THE IMMEDIATE CAUSE FOR AN IMMEDIATE INJUNCTION

20. This motion for the entry of an emergency immediate injunction is based upon
the continued communications in writing that VOLENTINE makes to public websites as to
SEAFARER. VOLENTINE has continued to post and be a "moderator" on such stock board, and
even after being completely aware of the truth contained in the original complaint which he was
served with on September 3, 2014.
21. VOLENTINE's continued postings is causing immediate, extreme and ongoing
damages on a daily basis.
22. Such communications art? an ongoing source of libelous statements and
have continued to be made up to and including the present time.
23. VOLENTINE's continued libel and statements of falsities continue to harm
SEAFARER and its over 4,000 shareholders.
24. Without the entry of an immediate injunction against VOLENTINE there shall be
continued harm and damages to SEAFARER, including its 4,000 shareholders and their value of
holdings of SEAFARER stock and the ability of the Corporation to continue operations. Such
operations are being threatened due to the continued actions of VOLENTINE who is not a
shareholder and has no interest whatsoever in SEAFARER other than his straightforward
sociapthic tendencies which show in such postings when he knew the truth was completely
contrary to his postings.

CERTIFICATION OF COUNSEL AS TO NOTICE TO RESPONDENT/DEFENDANT

VOLENTINE
25. The Company through the below signed counsel has not made notification
to the Respondent/Defendant, VOLENTINE, but such notification of such request for injunction
8

was made with service of the Complaint on such matter on September 3, 2104.
26. The below signed counsel also certifies that there exists no reasonable
expectation of VOLENTINE to abide and cease any such communications and postings without
the entry of an injunction. His communications continue in an ongoing pattern of falsity toward
the Company and its management. Such motion may be brought as an emergency motion for ex
parte hearing and adjudication in order to attempt to avoid the prejudice to the Corporation and
its shareholders.

THE INJURY COMPLAINED OF IS IMMINENT AND ONGOING

27. This Motion is being made as the shareholders are facing the inordinate
prejudice of their Corporation continuing to lose public value due to the actions of
VOLENTINE. His actions are ongoing and are of extreme detriment to the Company, and its
shareholders.
28. The imminence of harm exists so that SEAFARER will continue to be the target
of VOLENTINE' s diatribes and spewing of hateful falsities on the internet, to the material
prejudice and damage of the Plaintiff Corporation and its shareholders.
29. Since the service of the Complaint, VOLENTINE has caused direct damage to the
Company in the amount of over $2,700,000.00 in lost shareholder and stock value due to his
false postings. Such injury is ongoing and continuous and will not be stopped without an
injunction against him to stop such postings, and that he be removed as a moderator from such
message board.

NECESSITY OF BOND
30. Given the nature of the case, and the fact that there exists no prejudice or

damage of any kind that the Respondent/Defendant VOLENTINE could suffer through the
suspension of his right, under any alias on the internet to post any communication in any manner
as to SEAFARER, the Plaintiff would represent that there would be no requisite reason for the
posting of any bond.
31. Because the phraseology ofRule 1.610 as to waivers ofbond, if the Court
finds that a Bond is necessary in this cause of action by the Plaintiff, then a de minimis bond
would suffice, that the Court would allow Counsel for the Plaintiff to sign for as a signature bond
with the Clerk's Office for posting.
32. VOLENTINE has no monetary loss at all or damage from such injunctive prohibition
being issued by the Court. Since he has no monetary losses to incur, and is not even a
shareholder of SEAFARER, any injunction will do him no monetary harm, therefore a de
minimus , signature or waived bond would be completely appropriate.

MEMORANDUM OF LAW

Because a temporary injunction, by its nature, is frequently sought and issued under
hurried circumstances, Rule 1.61 O(b), Florida Rules of Civil Procedure, provides certain due
process requirements which must be followed by the party seeking a temporary injunction
without notice and by the trial court issuing such an injunction. These requirements seek to
assure that "a court ... never issue[s] an ex parte order without notice to defendants and without a
hearing, unless an immediate threat of irreparable harm exists, which forecloses opportunity to
give reasonable notice .... " Lieberman v. Marshall, 236 So.2d 120, 125 (Fla.l970).

10

Rule 1.610 (a)(l) specifies that a temporary injunction without notice may be granted
only if (1) the affidavits or verified pleadings demonstrate that "immediate and irreparable
injury, loss, or damage will result to the movant before the adverse party can be heard in
opposition" and (2) "the movant's attorney certifies in writing any efforts that have been made to
give notice and the reasons why notice should not be required." Moreover, rule 1.610(a)(2)
provides that "[ e]very temporary injunction granted without notice shall be endorsed with the
date and hour of entry and shall ... defme the injury, state fmdings by the court why the injury
may be irreparable, and give the reasons why the order was granted without notice if notice was
not given."

The threatened injury exists in a continuing and ongoing basis to all shareholders of the
Corporation and the Corporations operations. The amount of proof that the Plaintiffs has
presented is overwhelming as to the actions of the Defendant/Respondent as to his actions. The
matters as set forth are overwhelming enough to cause substantiate there is enough proof for the
Plaintiffs to prevail in this matter.

CONCLUSION AND PRAYER FOR INJUNCTIVE RELIEF

The continued communications of VOLENTINE on the internet must cease as to
SEAFARER, its officers, directors, agents, employees, attorneys, consultants and related entities.
As such VOLENTINE should be enjoined from any postings, directly or indirectly by anyone on
his behalf of any information or statement of any kind on any website or other medium of
communication until full adjudication of this matter. As such the Plaintiff, including the
shareholders of the Corporation, move for this Court to enter an Order as to an immediate
injunction which requires the following:

11