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

Filing 87

EX PARTE APPLICATION to Continue the determination of, or denying, Defendants' Motion for Summary Judgment from July 12, 2010 to At the Court's discretion Re: MOTION for Summary Judgment as to Entire Case 40 , EX PARTE APPLICATION to Enforce Order to Compel Continued Deposition of Defendant Edward Magedson, EX PARTE APPLICATION for Sanctions Local Rule 83.7, Local Rule 37-4, and this Court's inherent authority 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 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, # 9 Exhibit 9 to Declaration of Lisa J. Borodkin, # 10 Exhibit 10 to Declaration of Lisa J. Borodkin, # 11 Exhibit 11 to Declaration of Lisa J. Borodkin, # 12 Exhibit 12 to Declaration of Lisa J. Borodkin, # 13 Exhibit 13 to Declaration of Lisa J. Borodkin, # 14 Exhibit 14 to Declaration of Lisa J. Borodkin, # 15 Exhibit 15 to Declaration of Lisa J. Borodkin, # 16 Exhibit 16 to Declaration of Lisa J. Borodkin, # 17 Exhibit 17 to Declaration of Lisa J. Borodkin, # 18 Exhibit 18 to Declaration of Lisa J. Borodkin, # 19 Exhibit 19 to Declaration of Lisa J. Borodkin, # 20 Exhibit 20 to Declaration of Lisa J. Borodkin, # 21 Exhibit 21 to Declaration of Lisa J. Borodkin, # 22 Exhibit 22 to Declaration of Lisa J. Borodkin, # 23 Exhibit 23 to Declaration of Lisa J. Borodkin, # 24 Exhibit 24 to Declaration of Lisa J. Borodkin, # 25 Exhibit 25 to Declaration of Lisa J. Borodkin, # 26 Exhibit 26 to Declaration of Lisa J. Borodkin, # 27 Exhibit 27 to Declaration of Lisa J. Borodkin, # 28 Exhibit 28 to Declaration of Lisa J. Borodkin, # 29 Exhibit 29 to Declaration of Lisa J. Borodkin, # 30 Exhibit 30 to Declaration of Lisa J. Borodkin, # 31 Exhibit 31 to Declaration of Lisa J. Borodkin, # 32 Exhibit 32 to Declaration of Lisa J. Borodkin, # 33 Exhibit 33 to Declaration of Lisa J. Borodkin, # 34 Exhibit 34 to Declaration of Lisa J. Borodkin, # 35 Exhibit 35 to Declaration of Lisa J. Borodkin, # 36 Exhibit 36 to Declaration of Lisa J. Borodkin, # 37 Exhibit 37 to Declaration of Lisa J. Borodkin)(Borodkin, Lisa)

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USCsLaw School Mail - Fwd: Asia Economic Institute v. Xcentric al A ia Economic Institute et al v. Xcentric Ventures LLC et Venture... https://mail.google.com/a/lawmail.usc.edu/?ui=2&ik=a4D89991a9&vi30 ... 8 oc. 87 Att. ew John Paschal <john.paschal.2012@lawmail.usc.edu> Fwd: Asia Economic Institute v. Xcentric Ventures (C. D. Cal. 10-cv-1360) Motion to Compel Deposition of Edward Magedson and Xcentric Ventures LLC Lisa Borodkin <lisa_borodkin@post.harvard.edu> To: Jack Paschal <jack.paschal.2012@lawmail.usc.edu> T hu, Jul 8, 2010 at 4:19 PM Forwarded conversation Subject: Asia Economic Institute v. Xcentric Ventures (C. D. Cal. 10-cv-1360) Motion to Compel Deposition of Edward Magedson and Xcentric Ventures LLC ---- ------ ------ ------ -From: Lisa Borodkin <lisa_borodkin@post.harvard.edu> Date: Fri, Jul 2, 2010 at 7:46 PM [Quoted text hidden] [Quoted text hidden] ---- -----From: Lisa Borodkin <lisa_borodkin@post.harvard.edu> Date: Fri, Jul 2, 2010 at 7:47 PM To: alexandra@asiaecon.org, kristi@asiaecon.org, Jack Paschal <jack.paschal.2012@lawmail.usc.edu>, iliana@asiaecon.org, raymond@asiaecon.org ----- -----From: Maria Crimi Speth <mcs@jaburgwilk.com> Date: Tue, Jul 6, 2010 at 1:15 PM To: Lisa Borodkin <lisa_borodkin@post.harvard.edu>, celia_anglon-reed@cacd.uscourts.gov Cc: david@ripoffreport.com, "paul@berra.org" <paulsberra@gmail.com>, Daniel Blackert <blackertesq@yahoo.com> Dear Ms. Anglon-Reed: Please allow this to serve as our response to Lisa Borodkin's email of July 2, 2010. On June 25, 2010, AEI provided a table of 22 "topics" on which they sought to re-depose Ed Magedson. AEI made no effort to narrow the list in any manner. Indeed, the list included topics that they admitted Magedson already answ ered. On July 2, 2010, one week later, Xcentric provided its position on each of those topics. (both letters are attached to Ms. Borodkin's email). 21 minutes after Mr. Gingras sent his position, Ms. Borodkin sent an email asking to call the Court together. At my insistence, we first had a personal consultation and narrowed the 22 topics to three. The three remaining topics and Xcentric's positions are: 1 of 3 Dockets.Justia.com 7/8/2010 5:41 PM USC Law School Mail - Fwd: Asia Economic Institute v. Xcentric Venture... https://mail.google.com/a/lawmail.usc.edu/?ui=2&ik=a4889991a9&view... 1. The number of CAP members (items 7 & 9 in Mr. Gingras's letter) The number of CAP members is not relevant. Plaintiff has taken the position that the number of members is material to the RICO claim of pattern. While Defendants certainly dispute that providing services to its customers is neither extortion nor a predicate act, Defendants do not dispute that it has many customers. There is no relevance to the exact number and forcing a third deposition to ask this questions does not make sense. It is unlikely that Mr. Magedson knows the exact number off the top of his head, and this question, if it were relevant, would be better asked in an interrogatory. 2. Questions related to Mr. Magedson's cell phones. (item 16 in Mr. Gingras's letter) In the meet and confer, Ms. Borodkin refused to respond to our inquiry as to what questions she still needs to ask. Xcentric has offered to provide the cell phone bills to the Court for in camera review so that the Court can confirm there are no calls to whichever numbers Mr. Mobrez identifies as his. In her email, Ms. Borodkin suggests that Mr. Magedson should review his phone records to refresh his memory and then testify. Mr. Magedson has already testified that he had no conversations with Mr. Mobrez other than those reflected in the recordings. It is a complete waste of resources for Mr. Magedson to be deposed again to state what he has already stated. 3. Questions about positive postings on Rip-off Report. (item 18 in Mr. Gingras's letter) Xcentric's position is simply that Mr. Magedson already answered that question. Also, as explained in the meet and confer, AEI can review the Ripoff Report website at any time to find all of the positive postings. Maria Crimi Speth, Esq. Jaburg & Wilk, P.C. 3200 N. Central Ave., Suite 2000 Phoenix, AZ 85012 602-248-1089 602-248-0522 (fax) www.jaburgwilk.com This communication is intended only for the individual or entity to whom it is directed. It may contain information that is privileged, confidential, or otherwise exempt from disclosure under applicable law. Dissemination, distribution, or copying of this communication by anyone other than the intended recipient, or a duly designated employee or agent of such recipient, is prohibited. If you have received this communication in error, please notify us immediately by telephone at (602) 248-1000, or via e-mail, and delete this message and all attachments thereto. From: lborodkin@gmail.com [mailto:lborodkin@gmail.com] On Behalf Of Lisa Borodkin Sent: Friday, July 02, 2010 7:46 PMCc: <david@ripoffreport.com>; Maria Crimi Speth; paul@berra.org; Daniel Blackert -[Quoted text hidden] 4 attachments June 24 2010 Order on Discovery 10-cv-1360.pdf 14K June 24, 2010 Order Continuing MSJ Hearing 10-cv-1360.pdf 9K 2 of 3 7/8/2010 5:41 PM USC Law School Mail - Fwd: Asia Economic Institute v. Xcentric Venture... https://mail.google.com/a/lawmail.usc.edu/?ui=2&ik=a4889991a9&view... June 25, 2010 letter AEI to Xcentric.pdf 84K July 2, 2010 letter Xcentric to AEI.pdf 1 6 7K 3 of 3 7/8/2010 5:41 PM

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