Seldon v. Magedson et al

Filing 6

DECLARATION of Edward Magedson in Support re: 5 MOTION to Dismiss.. Document filed by Edward Magedson, Xcentric Ventures L.L.C.. (Speth, Maria)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PHILIP SELDON,
Plaintiff,
Case No: 11-CV-6218

v.
EDWARD MAGEDSON, XCENTRIC
VENTURES, LLC, and JOHN
OR JANE DOE,
Defendants.

DECLARATION OF EDWARD MAGEDSON IN SUPPORT OF
DEFENDANTS’ MOTION TO DISMISS
Ed Magedson, being duly sworn deposes and says:
1.

My name is Ed Magedson. I am a resident of the State of Arizona, am over

the age of 18 years, and if called to testify in court or other proceeding, I could and would
give the following testimony which is based upon my own personal knowledge unless
otherwise stated.
2.

I am the manager of Defendant XCENTRIC VENTURES, L.L.C.,

(“Xcentric”) which is based in Tempe, Arizona. Xcentric operates a website known as
“The Rip-Off Report” which is located at www.ripoffreport.com and
www.badbusinessbureau.com (the “ROR Site”).
3.

I submit this affidavit in support of Xcentric’s motion to dismiss the

complaint in the above captioned action.
4.

The ROR Site content is comprised of individual “reports” or postings

created by users of the website. A consumer creates a report about a company’s business

practices and submits it to the ROR Site for posting. Other consumers or the company
that is the subject of the report can then comment on that report by posting a rebuttal.
5.

There is no cost to post or read reports or rebuttals.

6.

The ROR Site is a free resource available to the public and it assists the

investigations of government officials, the FBI, state and local, law enforcement,
attorneys general, and so forth. This website has been in operation since 1998 and we
currently receive millions of hits every week.
7.

I am personally familiar with the policies and the practices of Xcentric

Ventures, LLC.
8.

Xcentric is a limited liability company organized and existing under the

laws of Arizona.
9.

Xcentric’s place of business is in the State of Arizona.

10.

Xcentric does not own any assets in the State of New York, nor does it have

any offices or employees in New York.
11.

I do not own any real estate in New York.

12.

Xcentric does not do business with or within the State of New York.

13.

Xcentric has no customers in New York and does not advertise on behalf of

any New York companies.

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.
EXECUTED ON: October 24, 2011.

Edward Magedson

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