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

Filing 78

DECLARATION of Ed Magedson In Support of Defendants' Reply Re: Motion for Summary Judgment MOTION for Summary Judgment as to Entire Case 40 filed by Defendants Edward Magedson, Xcentric Ventures LLC. (Gingras, David)

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1 2 3 4 5 6 7 8 9 10 11 12 13 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.: (480) 668-3623 Fax: (480) 248-3196 David.Gingras@webmail.azbar.org Maria Crimi Speth, (Admitted Pro Hac Vice) Jaburg & Wilk, P.C. 3200 N. Central Ave., Suite 2000 Phoenix, AZ 85012 Tel: (602) 248-1000 Fax: (602) 248-0522 mcs@jaburgwilk.com Paul S. Berra, CSB #186675 Law Offices of Paul S. Berra 1404 3rd Street Promenade, Suite 205 Santa Monica, CA 90401 Tel: (310) 394-9700 Fax: (310) 394-9755 Paul@Berra.org Attorneys for Defendants Xcentric Ventures, LLC and Edward Magedson UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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' REPLY RE: MOTION FOR SUMMARY JUDGMENT Hearing Date: June 28, 2010 Time: 1:30 PM Courtroom: 6 (Hon. Stephen Wilson) AFFIDAVIT OF ED MAGEDSON CV10-01360 SVW 1 2 3 4 5 6 7 8 9 10 11 12 13 GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048 I, Edward Magedson, declare as follows: 1. My name is Ed Magedson. I am 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 am the manager of Xcentric Ventures, LLC ("Xcentric") and the founder and "ED"itor of the website www.RipoffReport.com which I started in 1998. The Ripoff Report site is operated by Xcentric. 3. I have personally reviewed the pleading entitled "Plaintiffs' Statement of Genuine Issues In Opposition To Defendants' Motion For Summary Judgment", and I have reviewed the statement of additional facts offered by Plaintiffs beginning on page 16 of that pleading. 4. I am aware that 27 of Plaintiffs' Statement of Additional Facts alleges: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "fees for the CAP are calculated in three ways: (1) calculation by amount of reports filed, (2) by the number of offices, or (3) by gross sale of a product or service. Which methodology is chosen is dependent on which calculation is higher." This statement is accurate only as to the statement about fees being based on the number of complaints filed. Otherwise, the statement is completely false and Plaintiffs' counsel knows that this statement is false. 5. During my two previous depositions in this matter, both attorneys for Plaintiffs asked me questions about certain text appearing on the Ripoff Report website and in emails which appeared to suggest that CAP fees were based on, among other things, the size of a company, the number of offices a company has, or the size of an average sale. I was asked about this repeatedly by both Mr. Blackert and Ms. Borodkin and I responded to those questions at length. 6. Each time I was asked this question, I informed both Mr. Blackert and Ms. Borodkin that the text they were referring to was mistaken, was out of date, and that it was incorrect. I further explained that I have never, ever used anything other than the 2 AFFIDAVIT OF ED MAGEDSON CV10-01360 SVW 1 2 3 4 5 6 7 8 9 10 11 12 13 GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048 total number of reports (plus certain flat-rate fees) to calculate the fees for membership in the CAP program. 7. I never testified that the "methodology ... chosen is dependent on which calculation is higher," nor is this statement an accurate reflection of how I have calculated CAP fees in the past. 8. The only method I have ever used to determine CAP fees is based on a flat startup/programming fee plus additional fees on a per-report basis. In no case have I ever based a determination of CAP fees on the size of a company or the amount of a company's average sale. 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: June 23, 2010. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 AFFIDAVIT OF ED MAGEDSON CV10-01360 SVW ______________________________________ Edward Magedson 1 2 3 4 5 6 7 8 9 10 11 12 13 GINGRAS LAW OFFICE, PLLC 4072 EAST MOUNTAIN VISTA DRIVE PHOENIX, ARIZONA 85048 CERTIFICATE OF SERVICE I hereby certify that on June 24, 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. Ms. Lisa J. Borodkin, 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 Stephen V. Wilson U.S. District Judge /s/David S. Gingras 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 AFFIDAVIT OF ED MAGEDSON CV10-01360 SVW

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