Asia Economic Institute et al v. Xcentric Ventures LLC et al

Filing 101

EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI), EX PARTE APPLICATION for Protective Order for Preventing Interference with Witnesses filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Attachments: # 1 Exhibit 1 to Declaration of Lisa J. Borodkin (April 22, 2010 email), # 2 Exhibit 2 to Declaration of Lisa J. Borodkin (April 27, 2010 email), # 3 Exhibit 3 to Declaration of Lisa J. Borodkin (April 27, 2010 email), # 4 Exhibit 4 to Declaration of Lisa J. Borodkin (Rule 26(f) Report), # 5 Exhibit 5 to Declaration of Lisa J. Borodkin (March 2009 Google results), # 6 Exhibit 6 to Declaration of Lisa J. Borodkin (August 2010 Google results), # 7 Exhibit 7 to Declaration of Lisa J. Borodkin (May 28, 2010 email), # 8 Exhibit 8 to Declaration of Lisa J. Borodkin (May 29, 2010 email), # 9 Exhibit 9 to Declaration of Lisa J. Borodkin (May 30, 2010 email), # 10 Exhibit 10 to Declaration of Lisa J. Borodkin (May 30, 2010 email), # 11 Exhibit 11 to Declaration of Lisa J. Borodkin (Plaintiffs' RFPs), # 12 Exhibit 12 to Declaration of Lisa J. Borodki (July 14, 2010 email), # 13 Exhibit 13 to Declaration of Lisa J. Borodkin (Defendants' Responses to RFPs), # 14 Exhibit 14 to Declaration of Lisa J. Borodkin (July 30, 2010 emails), # 15 Exhibit 15 to Declaration of Lisa J. Borodkin (Declaration of Kenton Hutcherson), # 16 Exhibit 16 to Declaration of Lisa J. Borodkin (Demand letter fron Defendants))(Borodkin, Lisa)

Asia Economic Institute et al v. Xcentric Ventures LLC et al

Doc. 101 Att. 11

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DANIEL F. BLACKERT, ESQ., CSB No. 255021 LISA J. BORODKIN, ESQ., CSB No. 196412 Asia Economic Institute LLC 11766 Wilshire Blvd., Suite 260 Los Angeles, CA 90025 Telephone [phone] Facsimile [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs, Asia Economic Institute, LLC Raymond Mobrez, and Iliana Llaneras UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) XCENTRIC VENTURES, LLC, an ) Arizona LLC, d/b/a as BADBUSINESS ) ) BUREAU and/or ) ) BADBUSINESSBUREAU.COM ) and/or RIP OFF REPORT and/or ) RIPOFFREPORT.COM; BAD ) BUSINESS BUREAU, LLC, organized ) ) and existing under the laws of St. ) ) Kitts/Nevis, West Indies; EDWARD ) MAGEDSON an individual, and DOES ) ) 1 through 100, inclusive, ) ) Defendants. ) ASIA ECONOMIC INSTITUTE LLC, a California LLC; RAYMOND MOBREZ an individual; and ILIANA LLANERAS, an individual, Case No.: 2:10-cv-01360-SVW-PJW PLAINTIFF ASIA ECONOMIC INSTITUTE LLC'S FIRST SET OF REQUESTS FOR PRODUCTION TO DEFENDANT, XCENTRIC VENTURES, LLC

Plaintiffs' First set of RFPs to Xcentric Ventures, LLC -1

Dockets.Justia.com

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Pursuant to Federal Rule of Civil Procedure 34, Plaintiff ASIA ECONOMIC INSTITUTE LLC, propounds the following requests for production of documents ("Requests") on Defendant, XCENTRIC VENTURES, LLC ("Xcentric" or "You"). Responses to each of the Requests are due within thirty (30) days from the date of service. These Requests are continuing under Rule 26(e). Your responses must be supplemented in accordance with Rule 26(e). INSTRUCTIONS 1. Capitalized terms are explained in Definitions and shall have the meanings assigned to them in Definitions in responding to these requests. 2. These Requests seek the production or identification of all documents, 3. materials and tangible things (collectively, "documents") in your possession, custody, or control. If you withhold the production or identification of documents under any claim of privilege or otherwise, please provide a log of each document withheld and the basis therefore, in accordance with Rule 26. 4. Unless terms have been given a Definition or explanation herein, each term shall be given its usual and customary dictionary definition or commonly understood meaning. Where terms have a specific custom and usage meaning in your profession, trade or industry, they shall be interpreted in accordance with such usual custom and usage definition. Technical terms including and relating to HTML, XTML, "meta elements," "description tags," "title tags," "keyword," "Keyword meta tag," "meta elements," "content tags," web coding, web page development and source code and the like
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shall be interpreted broadly and given the meanings described in Wikipedia.org. 5. In construing the Requests: (i) the singular shall include the plural and the plural shall include the singular; (ii) pronouns shall not exclude the other genders, (iii) Requests shall be interpreted to result in more expansive responses. 6. Produce or make available for inspection all documents and/or materials as kept in the normal course of business and label and number them as required by Central District of California Local Civil Rule 26-3. DEFINITIONS 1. "YOU" means DEFENDANT XCENTRIC VENTURES, LLC, and its directors, officers, investigators, agents, employees or other representatives. 2. 3. 4. "DEFENDANTS" means XCENTRIC VENTURES, LLC, and ED MAGEDSON, unless otherwise specifically stated. "PLAINTIFFS" means ASIA ECONOMIC INSTITUTE LLC, RAYMOND MOBREZ, and ILIANA LLANERAS. "DOCUMENT(S)" include but are not limited to: files, notes, memoranda, correspondence, or letters of any kind, handwritten notes, bills, ledgers, inter-departmental or office communications, written statements, moving or still photographs, moving or still pictures, diagrams, plans, drawings, specifications, measurements or other descriptions, agreements, contracts records, audio recordings, tapes, compact discs, and computer files in any format and printout thereof, digital media, digital files, backup tapes, discs, information stored on remote servers or drives or in the "cloud" (e.g.,
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Google Docs, DropBox, or other cloud computing and storage services), and any and all forms of Electronically Stored Information ("ESI"). "Document" includes both originals and non-identical copies or copies that contain commentary or notation that does not appear in the original. 5. When a request asks YOU to "IDENTIFY," or state the "IDENTITY" of a person, you are requested to provide: a. b. c. d. e. 6. Full name; Present or last known address or, if unknown, the last known whereabouts; Phone number; Present employer's name and address; Occupational position or classification.

When a request asks YOU to "IDENTIFY" a document, writing, or recording, or tangible thing, please state: a. b. c. d. e. Its nature (e.g., letter, memorandum, report, etc....); Its title, if any; The date it was prepared; The date it was received; The identity, or person(s) who: i. Prepared it: ii. Participated in any way in its preparation; or iii. Signed it.

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REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS 1. DOCUMENTS sufficient to IDENTIFY the total number of individuals or businesses who enrolled in YOUR Corporate Advocacy Program ("CAP") from 2005-present. 2. 3. DOCUMENTS sufficient to IDENTIFY the total number of applicants to CAP from 2005-present. DOCUMENTS consisting of a complete copy of each version of a representative agreement(s) between YOU and a representative individual or entity that enrolled in the CAP from 2005-present. 4. 5. 6. 7. 8. 9. 10. 11. DOCUMENTS sufficient to IDENTIFY the relationship of YOU to Creative Business Investments Concepts, Inc. ("Creative"). DOCUMENTS relating to Creative's ownership interest in YOU from 2005-present. DOCUMENTS that refer or relate to Creative's duties and responsibilities to YOU from 2005-present. DOCUMENTS that IDENTIFY all owner(s) of Xcentric Ventures, LLC from 2001-present. DOCUMENTS that IDENTIFY all member(s) of YOU from 2001pres ent. All YOUR employment agreements with ED MAGEDSON from 2005-present. DOCUMENTS that IDENTIFY the owner of Creative from 2005pres ent. DOCUMENTS that refer or relate to David Bedore's duties and responsibilities for Xcentric from 2005-present.

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12. 13. 14.

DOCUMENTS that refer or relate to David Bedore's duties and responsibilities for Creative from 2005-present. DOCUMENTS that refer or relate to the rates/fees that YOU charge for the CAP from 2005-present. DOCUMENTS that refer of relate to YOUR INVESTIGATION of a representative individual or entity that has enrolled in the CAP since 2005.

15.

DOCUMENTS that IDENTIFY the person(s) or they have enrolled in the CAP from 2005-present.

entity(s)

responsible for INVESTIGATING individuals or businesses once 16. 17. 18. 19. DOCUMENTS that refer or relate to YOUR use of META TAGS on ROR from 2005-present. All communications between YOU and Google relating to search indexing or search authority between 2005-present. DOCUMENTS that IDENTIFY the person(s) or entity(s) that designed the user interface for "RipoffReport.com." DOCUMENTS that IDENTIFY the person(s) or entity(s) most knowledgeable about how HMTL is generated for a Report on RipoffReport.com. 20. DOCUMENTS that IDENTIFY all computer programmers, coders or code developer that created the input screens and output for reports as they currently operate on RipoffReport.com. 21. DOCUMENTS that IDENTIFY all computer programmers, coders or code developer that created the input screens and output for reports as they operated on RipoffReport.com from 2005-present. 22. DOCUMENTS that IDENTIFY the HTML, META TAGS, META ELEMENTS, and source code for all web pages displaying reports about PLAINTIFFS at issue in this action.
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23.

DOCUMENTS that refer or relate to either written or oral communications between DEFENDANTS and PLAINTIFFS from 2008-present.

24.

All audio recordings (including those played by DEFENDANTS at Mr. Mobrez's Deposition of May 7, 2010) of communications between DEFENDANTS and PLAINTIFFS from 2008-present.

25. 26.

Recordings sufficient to IDENTIFY YOUR outgoing voice prompts prior to notification of callers that calls may be recorded. Recordings sufficient to IDENTIFY YOUR outgoing voice prompts after YOU began notifying callers that calls may be recorded.

27. 28.

DOCUMENTS that refer or relate to any instance of YOU deleting posts on ROR from 2005-present. DOCUMENTS that IDENTIFY the HTML, META TAGS, META ELEMENTS, and source code for web pages displaying reports about a representative CAP member after joining CAP.

29.

DOCUMENTS that IDENTIFY the HTML, META TAGS, META ELEMENTS, and source code for web pages displaying reports about a representative CAP member as they existed before the member joined CAP.

30.

DOCUMENTS that IDENTIFY the individual or entity that revises web pages including reports about a CAP member after the member joins CAP.

31.

DOCUMENTS that evidence that you have been contacted by Governmental agencies as stated on YOUR website at RipoffReport.com.

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32.

DOCUMENTS that evidence YOUR participation in class action lawsuits against businesses or individuals reported on ROR as stated on YOUR website at RipoffReport.com.

33. 34.

DOCUMENTS that refer or relate to your relationship to the class action lawyers listed on your website. DOCUMENTS sufficient to IDENTIFY all individuals or entities who have an ownership interest in Xcentric Ventures, LLC from its inception to the present.

35.

DOCUMENTS relating to, referring to, or evidencing any actions taken by DEFENDANTS to create, add, remove, edit or alter the TITLE META TAG of reports against members of the CAP, including but not limited to documents evidencing changes in the Web page's HTML source code.

36.

DOCUMENTS relating to, referring to, or evidencing any actions taken by Defendants to create, add, remove, edit or alter the DESCRIPTION META TAG of the complaints against members of the CAP, including but not limited to documents evidencing changes in the Web page's HTML source code.

37.

DOCUMENTS relating to, referring to, or evidencing any actions taken by Defendants to create, add, remove, edit or alter the KEYWORD META TAG of the complaints against members of the CAP, including but not limited to documents evidencing changes in the Web page's HTML source code.

38.

DOCUMENTS relating to, referring to, or evidencing any actions taken by Defendants to create, add, remove, edit or alter the TITLE META TAG of the complaints against PLAINTIFF, including but not limited to documents evidencing changes in the Web page's HTML source code.

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39.

DOCUMENTS relating to, referring to, or evidencing any actions taken by Defendants to create, add, remove, edit or alter the DESCRIPTION META TAG of the complaints against PLAINTIFF, including but not limited to documents evidencing changes in the Web page's HTML source code.

40.

DOCUMENTS relating to, referring to, or evidencing any actions taken by Defendants to create, add, remove, edit or alter the KEYWORD META TAG of the complaints against PLAINTIFF, including but not limited to documents evidencing changes in the Web page's HTML source code.

DATED: June 22, 2010 By:

Asia Economic Institute LLC

DANIEL F. BLACKERT LISA J. BORODKIN Attorneys for Plaintiffs, Asia Economic Institute, Raymond Mobrez, and Iliana Llaneras

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CERTIFICATE OF SERVICE I certify that on June 22, 2010 I electronically transmitted the attached document to the following by electronic mail: David S. Gingras Gingras Law Office, PLLC 4073 E. Mountain Vista Drive Phoenix, AZ 85048 [e-mail] [e-mail] Marie Crimi Speth [e-mail] Paul S. Berra [e-mail] Attorney for Defendants

______________________________________

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