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

Filing 121

DECLARATION of Lisa J. Borodkin in support of MOTION for Reconsideration re Order,, 94 118 filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Attachments: # 1 Exhibit 1 ("Second Questionnaire" for CAP applicants, # 2 Declaration Exhibit 2 (Declaration of Kenton Hutcherson and Exhibits), # 3 Exhibit 3 (Non-confidential Settlement Agreement), # 4 Exhibit 4 (August 3, 2010 email), # 5 Exhibit 5 (Report dated August 6, 2010))(Blackert, Daniel)

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Remove Ripoffreport? Kenton J. Hutcherson Hutcherson Law - Attorney P... http://ww w.ripoffreport.com/attorneys-legal-services/kenton-j-hutcherson... ...by consumers, for consumers ...scams, consumer complaints, and frauds reported. File a report, post your review or experience! Don't let them get away with it.® Let the truth be known! HOME SEARCH COMPANY OR REPORT # Use Advanced Search Latest Reports Use our complaint form to report a scam. Site problems? Use our support form. Read "Thank You" e-mails from consumers...Ripoff Report protects consumer's right to speak out. Report: #629379 Report: Remove Ripoffreport? Kenton J. Hutcherson Hutcherson Law - Attorney Published False and Misleading Statements About Settlement With Ripoff Report Reported By: Ripoff Report (Phoenix Arizona) U SA Kenton J. Hutcherson Hutcherson Law - Attorney Published False and Misleading Statements About Settlement With Ripoff Report; Falsel y Implies That Ripoff Reports Can Be Removed By Hiring Kenton J. Hutcherson. Dallas, Texas . .. Remov e Ripoffreport? Kenton J. Hutcherson Hut cherson Law - Attorney Published False and Misleading Statements About Settlement With Ripoff Report 3102 Oak Lawn Avenue, Suite 777 Dallas Texas 75219 United States of America Phone: Web Address: www.hutchersonlaw.com 1 Author 0 Co ns umer 0 Employee Respo nd to this report! Victim of this person/company? Cat egory: Attorneys & Legal Services Submitt ed: Thursday, August 05, 2010 Post ed: Friday, August 06, 2010 Remove a Ripoff Report? On July 28, 2010, a press release was issued (available here: http://www.pr.com/press-release/252020) by Texas at torney Kenton J. Hutcherson bragging about a declaration he submitted in a lawsuit against Ripoff Report pending in federal court in California. Mr. Hutcherson has represented three different parties against Ripoff Report. I n his press release, Mr. Hutcherson describes the sett lement reached with Ripoff Report in one of those cases , stating, "As a part of the terms of the settlement agreement, Xcentric Ventures LLC agreed to prevent future submissions related to Hutcherson's client from appearing on the Ripoff Report website." He then states that pursuant t o the settlement agreement, Ripoff Report removed two reports concerning his client. These statements appear to have been made for the purpose of soliciting new clients by making readers believe that Mr. Hutcherson was able to obt ain a settlement requiring Ripoff Report to remove material from our site. Mr. Hutcherson's characterization of the settlement agreement at issue is false, and his omission of key facts from the discussion of the case renders his entire "press release" grossly misleading. The truth is this--the case which Mr. Hutcherson refers to involved a lawsuit that Ripoff Report brought (we were the plaint iff) against several defendants who we accused of engaging in an illegal cyber-attack against our site in an effort t o punish us for defending the First Amendment. There was substantial evidence of Mr. Hutcherson's client's involvement in these attacks, and based on this his client agreed to pay Ripoff Report $100, 000 to help compensate us for costs incurred as a result of the illegal attacks. Our settlement agreement with Mr. Hutcherson's client did NOT require Ripoff Report to remove any material and did NOT require Ripoff Report to "pr event future submissions" about Mr.Hutcherson's client. These statements are false. Video Spotlight Data recovery scams over charge and steal private data from broken hard drives. Play Video I nst ead, as part of our settlement we agreed that for a period of 24 months, we would monitor any new reports about Mr. Hutcherson's client and ensure that if a new report was submitted, the author was an actual cust omer of the client. Assuming the author was an actual customer, any new reports would be posted. On the other hand, if the author was at tempting to submit a phony report and wasn't an actual customer, we agreed not to post that. Loan modification offers risk for t hose facing foreclosure. Don't pay up front! Play Video Questionable pyramid scheme t akes advantage of consumers. Play Video Com panies steal from your bank account. Find out how. Months after this agreement was made, a new report about Mr. Hutcherson's client was Play Video 1 of 3 8/16/2010 11:44 PM Remove Ripoffreport? Kenton J. Hutcherson Hutcherson Law - Attorney P... http://ww w.ripoffreport.com/attorneys-legal-services/kenton-j-hutcherson... inadvertently posted without first being confirmed as required by our settlement agreement.To cure our default, we took the unusual step of deactivating the report. Subsequently, the original report was re-posted after Mr. Hutcherson's client breached the settlement agreement. Based on these facts, it is false for Mr. Hutcherson to claim that we agreed to prevent future submissions about his client, and it is misleading to imply that we removed a report because the settlement agreement required us to do so. Nothing in the agreement required the removal of any reports, and, in any event, the report at issue has been re-posted back t o its original location. Mr. Hutcherson also states in his press release that "even under the protections of the Communications Decency Act, all online content is subject to legal negotiation." Mr. Hutcherson appear s to be boasting about his ability to negotiate with Ripoff Report. However, because of Mr. Hutcherson's past conduct, Ripoff Report will NOT agree to any future settlement in any case in which Mr. Hutcherson is involved. If you want to hire Mr. Hutcherson to sue Ripoff Report on your behalf, that's your prerogative, but if you do so, you should expect that t he case will be aggressively defended and that no voluntary settlement of the case will occur. Click Here to read other Ripoff Reports on Remove Ripoffreport Kenton Search for additional reports I f you would like to see more Rip-off Reports on this company/individual, search here: SEARCH TIPS Respo nd to this repo rt! Victim of this perso n/company? Repair Your Reputation Looking for premium tickets? Concert Tickets | Sports Tickets | Theatre Tickets just visit www.TicketFeeder.com Ho me File a Report Consumer Resources FAQ Search Link to Ripoff Report Contact Us Why Ripoff Report will not release author information! Ed Magedson - Ripoff Report Founder Privacy Policy Terms of Service About Us Thank You Emails! Corporate Advocacy Program: How to repair your business reputation. Donate to our Legal Defense Want to sue Ripoff Report? Copyright © 1998-2010, Ripoff Report. All rights reserved. 2 of 3 8/16/2010 11:44 PM Remove Ripoffreport? Kenton J. Hutcherson Hutcherson Law - Attorney P... http://ww w.ripoffreport.com/attorneys-legal-services/kenton-j-hutcherson... 3 of 3 8/16/2010 11:44 PM

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