Whitney Information, et al v. Xcentric Ventures, et al

Filing 184

NOTICE by Xcentric Ventures, LLC, Ed Magedson of Filing Proposed Verdict Form and Proposed Jury Instructions and Proposed Voir Dire (Attachments: # 1 Defendants' Proposed Verdict Form, # 2 Defendants' Proposed Jury Instructions, # 3 Defendants' Proposed Voir Dire)(Speth, Maria)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

WHITNEY INFORMATION NETWORK,
INC.; a Colorado corporation,
Plaintiffs,

Case No: 2:04-CV-47-ftm-29
DEFENDANTS’ PROPOSED
VOIR DIRE

v.
XCENTRIC VENTURES, LLC, an
Arizona limited liability company;
BADBUSINESSBUREAU.ORG, an
Arizona limited liability company; and ED
MAGEDSON, an individual,
Defendants.

Xcentric Ventures, LLC, (“Xcentric”), and Ed Magedson (“Magedson”)
(collectively, the “Defendants”) request that the Court ask the usual standard Voir Dire
questions, and in addition, permit undersigned counsel to ask the following:
1.

Have any of you ever felt that a business “ripped you off” or treated you
unfairly?

2.

Do you ever use the Internet to research a business before deciding whether
to use the product or services of that business?

3.

Have you ever filed a legal action or any kind of formal complaint against a
business?

4.

Have you ever believed that you were mistreated by a business but you
decided not to take any legal or other action against the company because it
was too expensive to do so?

5.

Have any of you posted a complaint online, and if so what was the effect?

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6.

Have any of you ever used a free consumer protection website, or been
helped by a free consumer protection website?

7.

Have you ever sent a legal letter, a demand letter or a cease and desist letter
to anyone as a result of statements they made about you or your company
that you believed were not true and harmed your reputation?

8.

Have any of you ever received such a letter or been accused of defamation?

9.

Has anyone ever posted anything negative about you, your company, or
someone close to you on the internet?

10.

If yes, what, if anything did you do about it?

11.

Do any of you NOT have access to the internet at home?

12.

Do any of you spend more than two hours per day on the internet, including
business, work, and personal?

13.

Have any of you visited a website known as Rip-off Report (also known as
Badbusinessbureau.com)?

14.

If yes, what do you think of the website?

15.

Have any of you ever posted anything on Rip-off Report (also known as
Badbusinessburuea.com)?

16.

Have any of you ever seen an infomercial for Russ Whitney, Whitney
Information Systems, Teach Me to Trade, or a related seminar training
company?

17.

Have you or anyone you know ever attended a seminar put on by Whitney
Information Network, or Russ Whiney, or a related company? If yes,
describe your experience.

18.

Do any of you know someone who was disappointed by a real estate
seminar?

19.

Have you or anyone you know ever attended a seminar or workshop about
real estate investing or stock trading? If yes, describe your experience.

20.

Have any of you studied in the field of civil rights or freedom of speech?
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21.

Have any of you ever held a position for a newspaper or television news
show?

22.

Have any of you worked for a news agency or a government agency that
was assisted by victim information found on rippoffreport.com or
badbusinessbureau.com?

23.

Have you ever been the subject of a grand jury investigation, an S.E.C.
investigation, or similar government inquiry, or worked for a company that
has been under investigation?

24.

Have you ever invested in a company and lost money due to
mismanagement of the company?
DATED February 11, 2008

By: /s/ Maria Crimi Speth
Maria Crimi Speth
Arizona Bar No.: 012574
Jaburg & Wilk, P.C.
3200 N. Central Ave.
Suite 2000
Phoenix, AZ 85012
602-248-1000
Attorneys for Defendants

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 11th day of February, 2008, I electronically
filed the forgoing document with the Clerk of Court using CM/ECF. I also certify that the
foregoing is being served this day upon all counsel of record identified on the attached
Service List in the manner specified, either via transmission of Notices of Electronic
Filing generated by CM/ECF or in some other authorized manner for those counsel or
parties who are not authorized to receive electronically Notices of Electronic Filing.
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Steven Neil Lippman
Shawn L. Birken
Scott W. Rothstein
Rothstein Rosenfeld Adler
Suite 1650
401 E Las Olas Blvd
Ft Lauderdale, FL 33301
Attorneys for Plaintiff
Brian J. Stack
Stack, Fernandez, Anderson,
Harris & Wallace, P.A.
1200 Brickell Ave., Suite 950
Miami, FL 33131-3255
Attorneys for Defendant

/s/ Maria Crimi Speth
Maria Crimi Speth

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