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

Filing 114

DECLARATION of Daniel F. Blackert regarding Defendants' motion to dismiss First Amended Complaint filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Blackert, Daniel)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 (310) 806-3000 Facsimile (310) 826-4448 Attorney 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, ASIA ECONOMIC INSTITUTE, LLC, a California LLC; RAYMOND MOBREZ an individual; and ILIANA LLANERAS, an individual, Defendants. Case No.: 2:10-cv-01360-SVW-PJW DECLARATION OF DANIEL F. BLACKERT IN RESPONSE TO DEFENDANTS' MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6) AND FED.R.CIV.P. 9(b) Hearing Date: September 20, 2010 Time: 1:30 p.m. Courtroom: 6 Declaration of DFB- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Daniel F. Blackert, declare under penalty of perjury as follows: 1. My name is Daniel Blackert. I am a United States Citizen, a resident of the State of California, am over 18 years of age, and if called to testify in Court or other proceeding I could and would give the following testimony which is based upon my own personal knowledge unless otherwise stated. 2. I am an attorney, licensed to practice law in the State of California. I am an active member, in good standing, with the State of California. I am also admitted to practice in the United States District Court for the Central District of California. 3. I have been employed by Asia Economic Institute LLC as their attorney for this matter since December 2009. My Co-Counsel in this case is Lisa J. Borodkin. I have been involved in the litigation since its inception. I have possession of Plaintiffs' files with respect to this case, and I am personally familiar with the contents thereof. 4. 5. I am writing in response to Defendants' Motion to Dismiss which I met and conferred with Defendants counsel, Maria Speth, on involves Plaintiffs' R.I.C.O. claim predicated on wire fraud. August 14, 2010, regarding possibly stipulating to the following: Defendants withdraw their Motion to Dismiss in exchange for Plaintiffs' striking their wire fraud claim from their Complaint. I have not heard back from Defendants Counsel. My intentions were to work with Defense Counsel in order to avoid filing with Declaration. However Plaintiffs' response to the aforementioned is due today, August 16, 2010. 6. Although Plaintiffs' believe that their wire fraud claim has merit and was brought in good faith, they have decided to withdraw it. Declaration of DFB- 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 7. Plaintiffs' filed their amended Complaint concurrently with this A response from Declaration, thereby making Defendants' Motion moot. Plaintiffs, other than this Declaration, is not necessary. However, out of an abundance of caution I am filing this Declaration to inform the Court as to why Plaintiffs have not responded. 8. The hearing date for the aforementioned Motion is September. However, since the Motion is moot, I would respectfully recommend, with Defendants' consent, that the Court remove it from its calendar. I do not want to waste this Court's resources or time. 9. In addition, since the remaining claims of Plaintiffs' Complaint are all State law claims, Plaintiffs' believe that the case should be remanded back down to State Court as this Federal Court no longer has jurisdiction to hear the case. Pursuant to 28 U.S.C., Section 1746, I declare under penalty of perjury under the Laws of the United States of America that the foregoing is true and correct. EXECUTED ON: August 16, 2010, 2010 19 20 21 22 23 24 25 26 27 28 /s/Daniel F. Blackert Daniel F. Blackert, Esq. Declaration of DFB- 3

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