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

Filing 103

DECLARATION of Jan Smith in support of 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 EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) EX PARTE APPLICATION for Order for Temporary Restraining Order for Preservation of Electronically Stored Information (ESI) 101 filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Attachments: # 1 Exhibit A to Declaration of Jan Snith (January 15, 2009 email), # 2 Exhibit B to to Declaration of Jan Smith (January 16, 2009 email), # 3 Exhibit C to to Declaration of Jan Smith (November 9, 2009 email), # 4 Exhibit D to to to Declaration of Jan Smith (April 10, 2010 email))(Borodkin, Lisa)

Gmasla Economic Institute et al v. Xcentric Ventures LLC et al A i i - Fwd: Hello

https://mail.google.com/mail/?ui=2&ik=0d9198f21b&viDwc.p103=Seekn... e o = t&q Att. 4

called you and called you and you won't talk to her. So, I got mad and put this report on there about her that is a lie and she was fired because of it, so what can she do? David, nothing happened like that at all. My report went on first. Hers went on months later, and then all the rebuttals, and any lawyer who did any legwork at all would ferret it out quickly, but regardless, we have nothing. No lawyer would take a case against me on contingency as we are broke. My cancer and MS, and now my disability and inability to work, coupled with my husband retiring from USAir with $1000 a mo only in retirement and having to drive a van for Wake Forest at 10 bucks an hour to survive, no lawyer is going to take it. Our house is remortgaged to the hilt, both vehicles have loans, nothing here. So, I feel sorry for her. She is shooting in the dark. If you think that it would help for me to write a letter to be read at a board meeting, or a video or I will come there, I will plead my case. I have nothing to lose. This is the rest of my life, my husbands, my grandchildren. I am not a business or an entity, I just made a huge massive mistake at a very bad time in my life, under extreme duress. David, I think that I was almost insane for several months. More information has been revealed over the past two years. I think that he has reveled it all now. I even could have my doctor write a letter if that would help to support what I am telling you, his doctor, whatever would help. We are in therapy with a group that specializes in sexual addiction. It is hard and the worst is yet to come. I am currently involved with a group developing a parrot rescue org, non profit. I am terrified someone will google my name or my husbands. I am the director of outreach. I have turned down the MS Society when asked to work with them to lobby for them in Washington for NC. I no longer will speak for the Relay for Life for cancer in NC. I have stopped all public speaking because I am afraid of being googled. I have begun trying to change my name to Jan E. Smith, trying to take my maiden name away. This is horrible. I will call you next week and I look forward to talking with you. Thank you so much for listening. Jan

In a message dated 4/10/2010 6:53:26 P.M. Eastern Daylight Time, [e-mail] writes: Smitty,

I am more than happy to talk to you; my # is below and you're welcome to reach me anytime (though I won't be in my office until Tuesday).

As for the issue of removing these reports, you don't need to convince me that it would make sense for ROR to take them down. I totally understand and agree with the points in your email, and if it was my decision, the posts would be removed immediately.

I know I never told you this, but I argued with Ed Magedson on your behalf in one of our meetings. Maria Speth and some of the other team were there and everyone (except Ed) initially agreed with me that we should make an exception for you and take your reports down. Of course, as you know Ed has a policy of simply never taking stuff down, so he asked me why we should treat your situation differently than everyone else. I responded with the points you note below, and eventually I just

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Dock8/t3/.2010ia.com e s Just 4:59 AM

Gmail - Fwd: Hello

https://mail.google.com/mail/?ui=2&ik=0d9198f21b&view=pt&q=Seekn...

explained to him that sometimes you don't need a reason for doing something...you should just do it to be nice to another person.

Well, that apparently wasn't enough, so Ed refused to change his position. I found this extremely frustrating and disappointing, but then again I haven't had to walk in his shoes for the past 12 years, dealing with thousands of people who want to explain why they deserve an exception, etc. Anyway, at the end of the day, Ed just told me that it was his call, and he didn't see any reason to remove your reports.

Is there anything more I can do to change his mind? I don't know. I am happy to try, but I can't promise anything. I know that may not make you feel any better, but at least you should know that I do understand your situation and I would be happy to help you if I could.

David Gingras, Esq. General Counsel Xcentric Ventures, LLC http://w ww .ripoffreport.com/ [e-mail]

PO BOX 310, Tempe, AZ 85280 Tel.: [phone] Fax: [phone] From: [e-mail] [mailto:[e-mail]] Sent: Saturday, April 10, 2010 11:55 AM To: [e-mail] Subject: Hello

I wondered if we could speak, or email, regarding the reports on ROR that I have so much difficulty regarding. I put them on there, as you know, and they have caused harm it seems to one of the women. Never mind that I know that she is the author of the ones put on there for revenge against me, and her reports are blatant lies. I can live with that. But, her husband suffered a brain tumor last year, has lost his income, she was fired from her job working for a church. I saw where she posted to a legal site trying to get advice and David, she is not a well balance person before all this. It takes that type of person to have sex with their friends spouses, and other men and drag their husband to those mens homes to parties. But, I digress. She is not healthy and regardless, the query that she put to the legal site was pitiful, total lies, and of course she was advised to sue me, get an injunction against ROR to have the report pulled and blah blah blah. None of which would roll because her entire query was

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8/3/2010 4:59 AM