Stelor Productions, v. Silvers

Filing 63

NOTICE of by Stelor Productions filing second supplemental declaration of Steven A Esrig (dj, Deputy Clerk)

Stelor Productions, v. Silvers

Doc. 63

Case 9:05-cv-80393-DTKH

Document 63

Entered on FLSD Docket 07/19/2005

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 05-80393 CIV HURLEY/HOPKINS STELOR PRODUCTIONS, L.L.C., a Delaware limited liability company, f/k/a STELOR PRODUCTIONS, INC., Plaintiff, vs. STEVEN A. SILVERS, a Florida resident, Defendant. ________________________________________/ NOTICE OF FILING SECOND SUPPLEMENTAL DECLARATION OF STEVEN A. ESRIG PLEASE TAKE NOTICE that Plaintiff, by and through undersigned counsel, hereby files the Second Supplemental Declaration of Steven A. Esrig. Respectfully submitted, BURLINGTON, WEIL, SCHWIEP, KAPLAN & BLONSKY, P.A. Attorneys for Plaintiff Office in the Grove, Penthouse A 2699 South Bayshore Drive Miami, Florida 33133 Tel: [phone] Fax: [phone] Email: [e-mail] By: /s/ Kevin C. Kaplan Kevin C. Kaplan Florida Bar No. 933848 David J. Zack Florida Bar No. 641685

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CASE NO. 05-80393 CIV HURLEY/HOPKINS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was served via Telefax, electronic mail, and U.S. mail on this 18th day of July, 2005 upon the following: Adam T. Rabin, Esq. DIMOND, KAPLAN & ROTHSTEIN, P.A. Suite 708 200 S.E. First Street Miami, Florida 33131 Kenneth R. Hartmann, Esq. Gail M. McQuilkin, Esq. KOZYAK TROPIN & THROCKMORTON, P.A. 2525 Ponce de Leon Blvd., 9th Floor Coral Gables, Florida 33134 /s/ Kevin C. Kaplan Kevin C. Kaplan

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 05-80393 CIV HURLEY/HOPKINS STELOR PRODUCTIONS, L.L.C., a Delaware limited liability company, f/k/a STELOR PRODUCTIONS, INC., Plaintiff, vs. STEVEN A. SILVERS, a Florida resident, Defendant. ________________________________________/ SECOND SUPPLEMENTAL DECLARATION OF STEVEN A. ESRIG I, Steven A. Esrig, hereby declare as follows: 1. As set forth in my initial declaration, I am the President and CEO of Stelor

Productions, L.L.C. ("Stelor"). I have been employed by Stelor since its inception, and I have held my current position for more than two years. The facts stated herein are based upon my own personal knowledge and/or on corporate records and documents maintained by Stelor in the ordinary course of business. 2. Stelor is actively negotiating with 12 potential licensees. The negotiations

developed as a result of the success Stelor had at the recent trade show in New York. Stelor received expressions of interest from, and had preliminary discussions with, dozens of licensees in connection with the show. These 13 licensees represent the relationships that have actively developed, and that Stelor believes are likely to lead to important formal relationships. The negotiations, of course, are complicated, and will take some time, but already substantial

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CASE NO. 05-80393 CIV HURLEY/HOPKINS

progress has been made, and a very strong likelihood exists that Stelor will shortly be finalizing contracts with most, if not all, of these licensees. 3. These potential licenses represent a tremendously unique opportunity to Stelor. It

is the result of the years and dollars of investment Stelor has committed to the project, and the critical stage that the project has now reached. The opportunity to formalize these relationships is now, and if lost, is not likely to be presented again. 4. Each of those licensees, however, has made clear that continued access to the

www.googles.com address ­ and not some unknown and never-before-used substitute site ­ is an essential condition for their continued interest. If Stelor loses access to that address, the unique present opportunity to formalize these licenses will be entirely lost. 5. Attached hereto is a chart containing a general description of each of the 12

licensees and the status of our negotiations. Given Silvers' repeated attempts to interfere with and sabotage Stelor's business, we simply cannot at this critical juncture risk disclosing any more specific information about these licensees and our negotiations. Were we to do so, we are certain that Silvers would attempt to interfere with those negotiations to Stelor's detriment. 6. If Stelor loses access to the googles.com address and with it the opportunity to

enter into these licensees, the damages to Stelor's business will be incalculable. These license relationships will transform Stelor's future business, giving it a presence in the market it would never otherwise have. The loss of that opportunity would result in immeasurable damage.

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