George S May Intl, et al v. Xcentric Ventures, et al

Filing 225

Separate Statement of Facts by Defendant Xcentric Vventures, LLC in support of Motion for summary judgment (Attachments: # 1 Certificate of Service # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)(Borcia, James) (Incorrect Event Used - Docket Text Edited by Clerk's Office) Modified on 12/26/2006 (gma, ).

George S May Intl, et al v. Xcentric Ventures, et al

Doc. 225 Att. 5

Case 1:04-cv-06018

Document 225-6

Filed 12/22/2006

Page 1 of 2

EXHIBIT 10

Dockets.Justia.com

Case 1:04-cv-06018

Document 225-6

Filed 12/22/2006

Page 2 of 2

1 DECLARATION OF KIM SMITH
2 BEN SMITH being first duly sworn upon his oath hereby deposes and says:
3
1.
My name is Kim Smith. I am a resident of

the State of Arizona, am over the

4 age of 18 years, and if called to testify in court in this matter I could and would truthfully
5 testify to the following facts based upon my own personal knowledge.

6

2.

I currently provide services to XCENTRIC VENTURS, LLC.
As part of the services that I provide, I have been given administrative

7 ("Xcentric") on an independent contractor basis.

8

3.

9 access to the website www.RipoffReport.com ("Rip-Off

Report").

10

4.

I am not permitted to, nor do I, change or add any content to (1) any posting;

11 (2) any title or heading of any posting; and/or (3) any other part of the Rip-off Report

12 website.
13
" o

5.

I am aware that George S. May International Company has fied a lawsuit

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against Xcentric and others in which it has been alleged that Xcentric created or authored
those certain reports which are attached to the affidavit of ED MAGEDSON as Exhibit A

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bearing Bates Nos. GSMIC 0001-0097.
6. I have personally reviewed these reports and I know that I did not create

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19

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them or any part of them, nor do I have any information that such reports may have been
created by another employee or agent ofXcentric.

20
21

WITNESSETH I have read the foregoing Declaration and I declare under penalty of
perjury that the facts stated therein are true and correct as of the date this Declaration was
sworn.

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DATED: /~/;1¡r

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dis,SMITH

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I 0297-IIMCSIMCS/5624J I_vI