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

Filing 91

REPLY Support 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 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 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 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 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 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 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 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 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 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 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 87 filed by Plaintiffs Asia Economic Institute, Iliana Llaneras, Raymond Mobrez. (Attachments: # 1 Exhibit 38 to Supplemental Declaration of Lisa J. Borodkin, # 2 Exhibit 39 to Supplemental Declaration of Lisa J. Borodkin, # 3 Exhibit 40 to Supplemental Declaration of Lisa J. Borodkin, # 4 Exhibit 41 to Supplemental Declaration of Lisa J. Borodkin, # 5 Exhibit 42 to Supplemental Declaration of Lisa J. Borodkin, # 6 Exhibit 43 to Supplemental Declaration of Lisa J. Borodkin, # 7 Exhibit 44 to Supplemental Declaration of Lisa J. Borodkin, # 8 Exhibit 45 to Supplemental Declaration of Lisa J. Borodkin, # 9 Exhibit 46 to Supplemental Declaration of Lisa J. Borodkin, # 10 Exhibit 47 to Supplemental Declaration of Lisa J. Borodkin, # 11 Exhibit 48 to Supplemental Declaration of Lisa J. Borodkin)(Borodkin, Lisa)

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

Doc. 91 Att. 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DANIEL F. BLACKERT, ESQ., CSB No. 255021 LISA J. BORODKIN, ESQ., CSB No. 196412 Asia Economic Institute LLC 11766 Wilshire Blvd., Suite 260 Los Angeles, CA 90025 Telephone [phone] Facsimile [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs, Asia Economic Institute, LLC Raymond Mobrez, and Iliana Llaneras 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 LLC, a California LLC; RAYMOND MOBREZ an individual; and ILIANA LLANERAS, an individual, Case No.: 2:10-cv-01360-SVW-PJW PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSIONS TO DEFENDANT, XCENTRIC VENTURES, LLC

Plaintiffs' First Set of RFAs to Xcentric Ventures, LLC
-1

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to Federal Rule of Civil Procedure 36, Plaintiffs, ASIA ECONOMIC INSTITUTE LLC, RAYMOND MOBREZ, and ILIANA LLANERAS ("Plaintiffs"), propound the following requests for admission to Defendant, XCENTRIC VENTURES, LLC ("Xcentric" or "YOU"), each of which is to be answered fully and separately, in writing, under oath and within thirty (30) days from the date of service. These requests are continuing requests pursuant to Federal Rule of Civil Procedure 26(e), and your answers must be supplemented in accordance with Rule 26(e). INSTRUCTIONS 1. 2. Terms that are capitalized are defined and/or explained in the Definitions Unless terms have been given a specific definition or explanation herein, each term shall be given its usual and customary dictionary definition or explanation as used in proper English grammar except where such terms have a specific custom and usage definition in your profession, trade or industry, in which case they shall be interpreted in accordance with such usual custom and usage definition in your profession, trade, or industry, of which you are aware. In construing the requests herein: (i) the singular shall include the plural and the plural shall include the singular; and (ii) a masculine, feminine, or neuter pronoun shall not exclude the other genders, all to the end that the interpretation which is applied to the requests shall result in more expansive response to this request. 3. Unless otherwise stated, these Requests refer to the time period of June 4, 2004 to the present.
Plaintiffs' First Set of RFAs to Xcentric Ventures, LLC
-2

1 2 3 4 5

DEFINITIONS 1. "YOU" or "YOUR" means DEFENDANT XCENTRIC

VENTURES, LLC and its directors, officers, investigators, agents, employees or other representatives, where applicable. 2. "DEFENDANTS" mean XCENTRIC VENTURES, LLC and ED MAGEDSON, unless otherwise specifically stated.

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

3.

"PLAINTIFFS" means ASIA ECONOMIC INSTITUTE LLC, RAYMOND MOBREZ, and ILIANA LLANERAS.

4.

"PERSON" can mean either a natural person or an incorporated or unincorporated business entity or partnership, including but not limited to a limited liability company, a limited liability partnership, general partnership, joint partnership, joint

venture, sole proprietorship, "doing business as," and/or public limited company. REQUESTS FOR ADMISSION 1. Admit that YOU currently charge an initial fee of Seven Thousand Five Hundred Dollars ($7,500) for a PERSON to enroll in the Corporate Advocacy Program (hereinafter, "CAP"). 2. Admit that the $7,500 fee for a PERSON to enroll in CAP is currently the same for all members. 3. Admit that YOU require PERSONS that enroll in CAP to enter into a 36-month agreement ("CAP Agreement").

23 24

4.
25 26 27 28

Admit that YOU require PERSONS that enroll in CAP to pay a monthly fee.

5.

Admit that the monthly fee for a CAP member is a fixed fee between $100 a month and $3,500 per month.
Plaintiffs' First Set of RFAs to Xcentric Ventures, LLC
-3

1 2 3 4 5

6.

Admit that the monthly fee is a fixed rate over 36 months under the CAP Agreement.

7.

Admit that YOU caused one or more telephone conversations between EDWARD MAGEDSON and PLAINTIFF, RAYMOND MOBREZ on April 12, 2010 to be recorded.

6

8.
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Admit that YOU caused a telephone conversation between EDWARD MAGEDSON and PLAINTIFF, RAYMOND

MOBREZ on April 27, 2010 to be recorded. 9. Admit that YOU caused a telephone conversation between EDWARD MAGEDSON and PLAINTIFF, RAYMOND

MOBREZ on May 5, 2010 to be recorded. 10. Admit that YOU caused a telephone conversation between EDWARD MAGEDSON and PLAINTIFF, RAYMOND

MOBREZ on May 9, 2010 to be recorded. 11. Admit that since January 1, 2009, YOU have been aware of YOUR practice of recording telephone conversations with PERSONS that call YOU. 12. Admit that YOU quoted an enrollment fee of $7,500 to at least one prospective applicant to CAP. 13. Admit that YOU quoted an enrollment fee of less than $7,500 to at least one prospective applicant to CAP.

23

14.
24 25 26 27 28

Admit that YOU quoted an enrollment fee of more than $7,500 to at least one prospective applicant to CAP.

15.

Admit that YOU have quoted an enrollment fee of $7,500 for CAP to at least one PERSON in the State of California.

Plaintiffs' First Set of RFAs to Xcentric Ventures, LLC
-4

1 2 3 4 5

16.

Admit that YOU have quoted an enrollment fee for CAP to at least one PERSON in the State of California.

17.

Admit that YOU have offered to enter into the CAP Agreement with at least one PERSON in the State of California.

18.
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Admit that YOU have entered into the CAP Agreement with at least one PERSON in the State of California.

19.

Admit that YOU redact portions of Ripoff Reports for PERSONS that enroll in CAP.

20. 21. 22.

Admit that JOHN BECK is a member of CAP. Admit that participation in CAP requires monthly payments. Admit that YOU will not consider a PERSON for enrollment in CAP unless they fill out two questionnaires.

23.

Admit that YOU publish "Ripoff Reports" on the Internet about PLAINTIFFS.

24.

Admit that YOU have made changes to portions of the RipoffReport.com website from January 1, 2009 to June 4, 2010.

25.

Admit that the fees for enrolling in CAP are based upon the number of "Ripoff Reports" filed.

26.

Admit that at least one PERSON that entered into the CAP Agreement with YOU failed to make at least one monthly payment.

27.
23 24

Admit that on at least one occasion, YOU have attempted to cause a CAP member that failed to perform its obligation under the CAP Agreement to make monthly payments, to perform such obligation.

25 26 27 28

Plaintiffs' First Set of RFAs to Xcentric Ventures, LLC
-5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: June 4, 2010 By: /s/ Lisa J. Borodkin DANIEL F. BLACKERT LISA J. BORODKIN Attorneys for Plaintiffs, Asia Economic Institute, Raymond Mobrez, and Iliana Llaneras

Plaintiffs' First Set of RFAs to Xcentric Ventures, LLC
-6

Gmail - AEI v. Xcentric: AEI's First Set of RFAs to Xcentric

https://mail.google.com/mail/?ui=2&ik=0d9198f21b&view =pt&q=reque...

Lisa Borodkin <[e-mail]>

AEI v. Xcentric: AEI's First Set of RFAs to Xcentric
Lisa Borodkin <[e-mail]> Fri, Jun 4, 2010 at 6:00 PM To: [e-mail], Maria Crimi Speth <[e-mail]> Cc: Daniel Blackert <[e-mail]>, [e-mail], [e-mail] David and Maria, Please find attached Plaintiff AEI's first set of Requests for Admission to Defendant Xcentric Ventures LLC. Lisa -Lisa J. Borodkin [e-mail] 323-337-7933
023-Ps first set of RFAs.pdf 26K

1 of 1

7/9/2010 3:28 PM