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

Filing 187

NOTICE by Xcentric Ventures, LLC, Badbusinessbureau.org, Ed Magedson Notice of Additional Defense Exhibit After Filing of Joint Pretrial Statement Pursuant to Local Rule 3.06(e), and Motion for Order Allowing Exhibit in Furtherance of Justice (Speth, Maria)

Maria Crimi Speth, #012574 (Admitted Pro Hac Vice)
JABURG & WILK, P.C.
3200 North Central Avenue, Suite 2000
Phoenix, Arizona 85012
[phone]
Attorneys for Defendants

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

WHITNEY INFORMATION NETWORK,
INC.; a Colorado corporation,
Plaintiffs,
v.
XCENTRIC VENTURES, LLC, an
Arizona limited liability company;
BADBUSINESSBUREAU.ORG, an
Arizona limited liability company; and ED
MAGEDSON, an individual,

Case No: 2:04-CV-47-ftm-29
NOTICE OF ADDITIONAL DEFENSE
EXHIBIT AFTER FILING OF JOINT
PRETRIAL STATEMENT PURSUANT
TO LOCAL RULE 3.06(e), AND
MOTION FOR ORDER ALLOWING
EXHIBIT IN FURTHERANCE OF
JUSTICE

Defendants.

Xcentric Ventures, LLC, (“Xcentric”), and Ed Magedson (“Magedson”)
(collectively, the “Defendants”) give notice of an additional Defense Exhibit added after
the filing of the Joint Pretrial Memorandum.
Exhibit 318 is a CNN video news story by Gregg Hunter about Plaintiff, Whitney
Information Network, Inc. (“WIN”). This news story was first published today.
(See http://www.cnn.com/video/#/video/us/2008/02/14/hunter.millionaire.university.cnn )
The report demonstrated WIN’s public reputation, past, present, and future. The
video includes segments of interview with Florida’s Attorney General, Bill McCollum, in
which Mr. McCollum explains how WIN “rips off” consumers.
Pursuant to Local Rule 3.06(e), this exhibit can be added upon order of the Court
in furtherance of justice. It would further justice to use this news story as evidence at
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trial even though it was not on the exhibit list because the news story was not available to
Defendants until today. Further, the news story accurately and succinctly reflects WIN’s
reputation prior to the release of the report, and as news story prepared and released by
on of the nations most prominent news agencies, it defines WIN’s reputation in the
future. Conversely, it would be completely unjust to conduct a trial without considering
how this report both confirms and continues WIN’s national reputation, when WIN
accuses defendants of damaging WIN’s reputation by some text postings on a webpage
for consumer complaints and when the news story did not exist until today and, thus,
could not have been included in the previous exhibit list.
For the reasons stated, Defendants request an order allowing Exhibit 318 to be
presented at trial. I certify that my associate conferred with opposing counsel about this
issue, and opposing counsel stated their intention to object to including Exhibit 318.

DATED February 14, 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 14th 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

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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.

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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