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

Filing 63

DECLARATION of Lisa J. Borodkin In Opposition to MOTION for Summary Judgment as to Entire Case 40 filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Attachments: # 1 Exhibit 1 to Declaration of Lisa J. Borodkin, # 2 Exhibit 2 to Declaration of Lisa J. Borodkin, # 3 Exhibit 3 to Declaration of Lisa J. Borodkin, # 4 Exhibit 4 to Declaration of Lisa J. Borodkin, # 5 Exhibit 5 to to Declaration of Lisa J. Borodkin, # 6 Exhibit 6 to Declaration of Lisa J. Borodkin, # 7 Exhibit 7 to Declaration of Lisa J. Borodkin, # 8 Exhibit 8 to Declaration of Lisa J. Borodkin)(Borodkin, Lisa)

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DANIEL F. BLACKERT, CSB No. 255021 LISA J. BORODKIN, CSB No. 196412 Asia Economic Institute LLC 11766 Wilshire Boulevard Suite 260 Los Angeles, California 90025 Telephone [phone]/Facsimile [phone] [e-mail] [e-mail] Attorneys for Plaintiffs, 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, a California LLC; RAYMOND MOBREZ an individual; and ILIANA LLANERAS, an individual, Case No.: 2:10-cv-01360-SVW-PJW The Honorable Stephen V. Wilson DECLARATION OF LISA J. BORODKIN IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Date: Time: Ctrm: June 28, 2010 1:30 p.m. 6

Discovery Cut-off: None Set Pretrial Conf. Date: August 2, 2010 Trial Date: August 3, 2010

Declaration of Lisa J. Borodkin -

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DECLARATION OF LISA J. BORODKIN I, Lisa J. Borodkin, declare: 1. I am an attorney at law, duly admitted to practice before all the courts of the State of California and this Honorable Court. I am co-counsel of record for Plaintiffs Asia Economic Institute LLC, Raymond Mobrez and Iliana Llaneras ("Plaintiffs") in this action. I have first-hand, personal knowledge of the facts set forth below and, if called as a witness, I could and would testify competently thereto. 2. 3. This Declaration is made in opposition to Defendants' Motion Attached hereto as Exhibit "1" is a true and correct copy of the for Summary Judgment. Initial Rule 26 Disclosures of Defendants Xcentric Ventures LLC and Edward Magedson and covering email dated April 21, 2010. 4. 5. Defendants have not supplemented their Initial Disclosures Attached hereto as Exhibit "2" is a true and correct copy of between April 21, 2010 and today. Plaintiffs' May 14, 2010 Notice of Deposition under Rule 30(b)(6) of Defendant Xcentric Ventures LLC. 6. On June 2, 2010, Plaintiffs took the Deposition under Rule 30(b)(6) of Defendant Xcentric Ventures LLC of certain topics, including "Xcentric's practice of recording telephone conversations." I attended and appeared for Plaintiffs for the entire June 2, 2010 deposition of Xcentric Ventures. Attached hereto as Exhibit "3" are true and correct copies of pages 70 and 71 from the rough draft of the transcript of the June 2, 2010 deposition. 7. On June 8, 2010, Plaintiffs took the Deposition of Defendant Edward Magedson. Attached hereto as Exhibit "4" are true and correct copies of pages 125-129 from the rough deposition transcript of the June 8, 2010 deposition of Mr. Magedson.

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8. Mr. Magedson. 9. Mr. Magedson. 10. of Mr. Magedson. 11. of Mr. Magedson.

Attached hereto as Exhibit "5" is a true and correct copy of

page 200 from the rough deposition transcript of the June 8, 2010 deposition of Attached hereto as Exhibit "6" are true and correct copies of

pages 12-17 from the rough deposition transcript of the June 8, 2010 deposition of Attached hereto as Exhibit "7" are true and correct copies of

pages 100-04 from the rough deposition transcript of the June 8, 2010 deposition Attached hereto as Exhibit "8" are true and correct copies of

pages 211-12 from the rough deposition transcript of the June 8, 2010 deposition I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this 14th day of June, 2010, in Los Angeles, California. /s/ Lisa J. Borodkin Lisa J. Borodkin

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CERTIFICATE OF SERVICE I certify that on June 14, 2010 I electronically transmitted the attached document: DECLARATION OF LISA J. BORODKIN IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 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: 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 Honorable Stephen V. Wilson U.S. District Judge

/s/Lisa J. Borodkin

Declaration of Lisa J. Borodkin -

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