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College Wild Parties.com Lawsuit Finally Settled; Drama with Fake IDs, Etc.

BOCA RATON, Fla. — The long standing legal dispute between Heather Kertesz and CollegeWildParties.com has come to a settlement, according to a story being reported on XBiz.com

On Friday, a federal judge signed off on a motion to dismiss the case with prejudice. The legal battle included about 300 court motions and was litigated by numerous attorneys on both sides. Kertesz claimed in a federal lawsuit that she never signed a release upon entering a CollegeWildParties shoot in March 2007. She subsequently sued CollegeWildParties and its parent holding company, Ventura Content, over allegations of “photoshopped” pictures that ended up on online.

The terms of the settlement are being kept confidential.

Back story, July 15, 2008: Heather Kertesz wanted her 21st birthday to be memorable. Instead, it was memorialized on an XXX-rated Web site.

Weeks after the former Lynn University student briefly attended a house party in Boca Raton, she discovered her photo was splashed all over collegewildparties.com.

“This is sort of like every young woman’s worst nightmare,” said Bill Matthewman, one of her attorneys. “You go to a party and the next thing you know, someone’s Photoshopping you into a pornographic Web site.”

Although his now-22-year-old client was fully clothed at the party and in the Web site photos, she doesn’t know what other pictures or video were taken before she left the party.

She wants to see all the photos and video that were shot at the March 2007 party on Northeast Fifth Street to make sure her reputation isn’t sullied further on the Web site, which boasts “real college kids who get wild, sexy and out of control.”

In a lawsuit recently filed in U.S. District Court in West Palm Beach, she also is seeking monetary damages from the Arizona-based companies that operate the site and unknown Florida companies that in all likelihood arranged the party, shot the pictures and produced the video.

Boca Raton attorney Wayne Schwartz, who is representing Arizona-based Cyberheat Inc., Topbucks Inc. and Pink Visuals Inc., declined comment on the suit.

Attorney Joel Rothman, who also is representing Kertesz, said company officials have tried to undermine her claims. First, they said, she agreed to appear in the photos. Later, they maintained, she was trespassing at the party.

Kertesz, who graduated in the spring with a degree in psychology, was celebrating her 21st birthday with friends when someone suggested they go to a party at a nearby house.

Shortly after arriving, Kertesz suspected something was amiss, Rothman said.

“There were several places throughout the house with women and men in various stages of undress, engaging in a variety of sexual acts,” he said.

Approached to sign a photo release and allow her driver license to be copied, she refused. She was quickly shown the door.

Matthewman said he suspects the partygoers included professional models and that college students were invited to add some unscripted spice.

Similar to the Girls Gone Wild series, there is a key difference, he said. Kertesz didn’t agree to be photographed.

“If anybody thought about this happening to their daughter or their sister, they would be outraged,” he said. “With Photoshop and morphing, it’s incredible what can be done on a Web site.”

Back story, October, 2009:About a year ago, Heather Kertesz of Boca Raton was the plaintiff in a suit against the operators of a website, collegewildparties.com (link NSFW), which she claimed published images of her on the night of her 21st birthday without consent. A Palm Beach Post article about the case is here.

Now XBiz, a wire service for the adult entertainment industry, is reporting that Kertesz’s case is crumbling after defense attorneys learned that she gained access to the video shoot by using a fake ID — the driver’s license of a friend.

The XBiz article quotes attorney Richard C. Wolfe:

“She used a fake ID to get into the CollegeWildParties taping, and we have evidence of it after she posted a Facebook item the day after the shoot.”

Wolfe said that the Facebook post, as well as the revelations of a previous history of using fake IDs, have become a smoking gun.

“The Facebook post read, ‘Now that I’m 21, watch out Mizner’s (a local bar) — no more fake ID,'” said Wolfe, who has asked the court to order Kertesz to post an appellate bond in the matter that would include defense attorneys fees.

So what, exactly, did the video capture the birthday girl doing?

After the video shoot, Kertesz’s image, along with 15 others, was placed on CollegeWildParties.com. According to testimony, the image was on the site for about 30 days.

The online photos, Kertesz claims, include “her head and face seen smiling while viewing a male and female engaging in sodomy. Upon closer inspection however, it is apparent that plaintiff’s head and face were cropped or ‘photoshopped’ from a separate image and strategically placed on the banner to appear as if she was watching the couple at the time it took place.”

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