IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

INVESTORSHUB.COM, INC., a 

Florida corporation, MATTHEW BROWN, 

an individual, and ROBERT ZUMBRUNNEN, 

an individual, 

 Plaintiff, 

vs. 

MINA MAR GROUP, INC., a foreign 

corporation, MINA MAR GROUP INC. (OF 

THE USA), n/k/a, EMRY CAPITAL GROUP, 

INC., a foreign corporation, and MIRO 

ZECEVIC, an individual, 

 Defendants. 

____________________________________/ 

Case No.: 4:11cv9-RH/WS 

STIPULATED MOTION FOR FINAL JUDGMENT 

Plaintiffs INVESTORSHUB.COM, INC., MATTHEW BROWN, and ROBERT 

ZUMBRUNNEN (collectively, the “InvestorsHub Parties”), and Defendants MINA MAR 

GROUP, INC., MINA MAR GROUP INC. (OF THE USA), n/k/a EMERY CAPITAL GROUP, 

INC., and MIRO ZECEVIC (collectively, the “Mina Mar Parties”), hereby stipulate to entry of 

final judgment in favor of Plaintiffs on both counts of the Complaint in this matter. Grounds for 

this motion are set forth below. 

Parties and Jurisdiction 

1. Plaintiff InvestorsHub.com, Inc. is a Florida corporation having its principal place 

of business in Tallahassee, Florida. 

2. Plaintiff Brown resides in Florida. 

3. Plaintiff Zumbrunnen resides in Missouri. 

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4. Defendant Mina Mar Group, Inc. is a Canadian corporation having its principal 

place of business in Mississauga, Ontario, Canada. 

5. Defendant Mina Mar Group, Inc. (of the USA), now known as Emry Capital 

Group, Inc., is a Texas corporation having its principal place of business in Fort Lauderdale, 

Florida. 

6. Defendant Miro Zecevic resides in Ontario, Canada. 

7. The Complaint raises claims under the Securing the Protection of our Enduring 

and Established Constitutional Heritage Act (the “SPEECH Act”), 28 U.S.C. §§ 4101-4105, the 

Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and the Florida Uniform Out-of-Country 

Foreign Money-Judgment Recognition Act, Fla. Stat. §§ 55.601 – 55.607. This Court has 

subject-matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1367, 2201-2202. 

The Canadian Defamation Judgment 

8. In a complaint filed in the Superior Court of Justice, Ontario, Canada, on or about 

October 17, 2008, and amended on or about August 19, 2009, the Mina Mar Parties sued the 

InvestorsHub Parties for defamation. 

9. That matter was titled Mina Mar Group, Inc., Mina Mar Group Inc. (of the USA), 

and Miro Zecevic v. Investorshub.com, Inc., Matt Brown, Robert Zumbrunnen, and ADVFN 

PLC, and Stratey, itlogic, Jim Bishop, Janice Shell, Universal Trader, Ratso, Livingstyle, 

Soyelpato, AccipiterO, strongtower, snow, peraire, and Fast Flyer 03, Strongtower, 1summer, 

AccipiterO, bob41, Buckley, soyelpato, greedy malone, rolltide and John Doe (collectively 

known as the Posters), Court File No. CV-08-364413-0000, Ontario Superior Court of Justice 

(hereinafter, the “Canadian Defamation Lawsuit”). (Dkt. 1 (Complaint) ¶ 18.) 

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10. In the Canadian Defamation Lawsuit, the Mina Mar Parties obtained a default 

final judgment against the InvestorsHub Parties holding them liable for libel and defamation and, 

among other things, ordering them to pay $75,000 (CAD) in general damages and $10,000 

(CAD) in punitive damages, ordering them to disclose the names and addresses of certain 

individuals who posted statements on InvestorsHub.com’s website, and enjoining them from 

posting defamatory statements about the Mina Mar Parties. (Dkt. 1 (Exh. C).) The Mina Mar 

Parties also obtained a costs order requiring the InvestorsHub Parties to pay $13,650 (CAD), 

which they have filed in the records of Leon County Florida. (Dkt. 1 (Exh. A).) 

11. The judgment against the InvestorsHub Parties in the Canadian Defamation 

Lawsuit was based on the content of writing that was published on the InvestorsHub.com 

website. That website is based in the United States. 

This Lawsuit 

11. On or about January 7, 2011, the InvestorsHub Parties filed their Complaint in 

this lawsuit. (Dkt. 1) Count I of the Complaint seeks a declaratory judgment that the Canadian 

Defamation Judgment violates the federal SPEECH ACT, 28 U.S.C. §§ 4101-4105, and cannot 

be enforced in the United States. Count II seeks a declaratory judgment that the Canadian 

Defamation Judgment violates Florida’s Uniform Out-of-Country Foreign Money-Judgment 

Recognition Act, Fla. Stat. §§ 55.601 – 55.607, and cannot be enforced in Florida. 

12. The Mina Mar Parties have answered the Complaint. (Dkt. 4.) 

13. The Mina Mar Parties now acknowledge that the Canadian Defamation Judgment 

is not enforceable in the United States and agree to the entry of a final judgment in favor of the 

InvestorsHub Parties in this case. Accordingly, entry of a final judgment in favor of the 

InvestorsHub Parties is appropriate. 

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14. Federal law permits entry of a consent judgment that would be fair, adequate, and 

reasonable, and that is not the product of collusion between the parties. See Florida Wildlife 

Federation, Inc. v. Jackson, 2009 WL 5217062, *3 (N.D. Fla. Dec. 30, 2009). In addition, the 

consent judgment should not violate the Constitution, statutes, or governing law. Id. And, the 

consent judgment should be consistent with the purposes of the relevant statute. Id. 

15. In this case, entry of final judgment would not violate the Constitution, statutes, or 

governing law. 

16. The InvestorsHub Parties and the Mina Mar Parties are the only parties whose 

rights would be affected by the final judgment, and both the InvestorsHub Parties and the Mina 

Mar Parties consent to entry of such final judgment. As such, entry of final judgment in favor of 

the InvestorsHub Parties would be appropriate. 

17. Attached as Exhibit A to this Motion is a proposed Stipulated Final Judgment. 

WHEREFORE, the InvestorsHub Parties and the Mina Mar Parties stipulate to, and 

respectfully request that the Court, grant this Motion and enter final declaratory judgment in 

favor of Plaintiffs on both Counts of the Complaint. 

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Respectfully submitted, 

THOMAS & LOCICERO PL 

/s/ Deanna K. Shullman 

Deanna K. Shullman 

 Florida Bar No. 0514462 

8461 Lake Worth Road 

Suite 242 

Lake Worth, FL 33467 

Telephone: (561) 340-1433 

Facsimile: (561) 340-1432 

and 

Paul R. McAdoo 

 Florida Bar No. 0036219 

400 North Ashley Drive, Suite 1100 

P.O. Box 2602 (33601) 

Tampa, FL 33602 

Telephone: (813) 984-3060 

Facsimile: (813) 984-3070 

Attorneys for Plaintiffs 

MESSER, CAPARELLO & SELF, P.A. 

/s/ Thomas M. Findley 

Thomas M. Findley 

 Florida Bar No. 0797855 

P.O. Box 15579 

Tallahassee, FL 32317 

Telephone: (850) 222-0720 

Facsimile: (850) 224-4359 

Attorneys for Defendants 

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