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

Filing 16

DECLARATION of Edward Magedson in support of Defendants' Opposition to First MOTION to Remand Case to Los Angeles Superior Court 12 filed by Defendant Edward Magedson. (Gingras, David)

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GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048

David S. Gingras, CSB #218793 Gingras Law Office, PLLC 4072 E Mountain Vista Dr. Phoenix, AZ 85048 Tel.: [phone] Fax: [phone] Attorneys for Defendants Xcentric Ventures, LLC and Edward Magedson UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

ASIA ECONOMIC INSTITUTE, LLC, et al., Plaintiffs, vs. XCENTRIC VENTURES, LLC, et al., Defendants.

Case No: 2:10-cv-01360-SVW-PJW AFFIDAVIT OF ED MAGEDSON IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO REMAND Hearing Date: April 26, 2010 Time: 1:30 PM Courtroom: 6 (Hon. Steven Wilson) Complaint Filed: Jan. 27, 2010

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I, Edward Magedson, declare as follows: 1. My name is Ed Magedson. I am a United States citizen, a resident of the

State of Arizona, am over the age of 18 years, 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 have reviewed the Motion to Remand filed by Plaintiffs in this case. I

understand that among other things, Plaintiffs claim I am a resident of California, not Arizona. I understand that this statement is based upon an email dated July 24, 2009 which I sent to Plaintiff Raymond Mobrez in which I stated, "I am in California. I live here now." Although this is an accurate quote, my statement was not true. AFFIDAVIT OF ED MAGEDSON
CV10-01360 SVW

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GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048

3.

To be clear--I live in Arizona, not California, and I have lived in Arizona

continuously for more than twenty years. I do not reside in California nor have I ever lived in California. 4. The statement I made to Mr. Mobrez about living in California was simply

not true. As I previously explained, one of the reasons I made this statement was in response to comments that Mr. Mobrez made to me which I interpreted as threats to locate my residence in Arizona. Because of my role as the Editor of the Ripoff Report website, I have received death threats on several occasions in the past and I therefore take my safety and privacy extremely seriously. Among other things, I carefully safeguard

my home address and other information that might be used by people who want to find me. Because Mr. Mobrez made statements which made me concerned for my safety, I told him that I lived in California in order to discourage him from trying to locate me in Arizona. Pursuant to 28 U.S.C. § 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: April 5, 2010. ______________________________________ Edward Magedson

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2 AFFIDAVIT OF ED MAGEDSON CV10-01360 SVW

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GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048

CERTIFICATE OF SERVICE I hereby certify that on April 5, 2010 I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mr. Daniel F. Blackert, Esq. Asia Economic Institute 11766 Wilshire Blvd., Suite 260 Los Angeles, CA 90025 Attorneys for Plaintiffs

And a courtesy copy of the foregoing delivered to: Honorable Steven V. Wilson U.S. District Judge

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/s/David S. Gingras

3 AFFIDAVIT OF ED MAGEDSON CV10-01360 SVW