GW Equity LLC v. Xcentric Ventures LLC et al

Filing 44

GW Equity LLC v. Xcentric Ventures LLC et al

Doc. 44

Case 3:07-cv-00976

Document 44

Filed 11/02/2007

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GW EQUITY, LLC, PLAINTIFF, v. XCENTRIC VENTURES, LLC, WWW.RIPOFFREPORT.COM, WWW.BADBUSINESSBUREAU.COM, and EDWARD MAGEDSON, DEFENDANTS. § § § § § § § § § § § §

CIVIL ACTION No. 3-07-CV-0976-K

PLAINTIFF'S DESIGNATION OF MEDIATOR Plaintiff GW Equity ("GW Equity") files this designation of mediator in the above referenced case. In support of their designation, GW Equity states the following: 1. contacted Pursuant to the Court's Scheduling Order dated October 22, 2007, GW Equity counsel for Defendants Xcentric Ventures, LLC, www.ripoffreport.com,

www.badbusinessbureau.com, and Edward Magedson (collective, "Defendants") regarding potential mediators for this case. GW Equity proposed that the parties use Earl Hale or

Christopher Nolland as mediators. Counsel for Defendants responded to GW Equity's proposal, but did not offer any other proposed mediators. Instead, counsel for Defendants stated that the mediators will either need to be from Phoenix or willing to come to Phoenix for the mediation because her client felt it would be an unreasonable burden for him to participate in a face-to-face mediation in Dallas. 2. Because the parties cannot agree to a mediator, GW Equity respectfully requests

this Court to designate either Earl Hale or Christopher Nolland as a mediator for the parties.

PLAINTIFF'S DESIGNATION OF MEDIATOR

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Dockets.Justia.com

Case 3:07-cv-00976

Document 44

Filed 11/02/2007

Page 2 of 2

Further, because GW Equity feels that it is equally unreasonable for their counsel, their client representatives, and the mediator to have to travel to Phoenix to accommodate Defendants, GW Equity respectfully requests that this court require Defendants to travel to Dallas to participate in the mediation.

Dated: November 2, 2007

Respectfully submitted, /s/ John T. Cox III___________________________ John T. Cox III Texas Bar No. 24003722 LYNN TILLOTSON & PINKER, L.L.P. 750 N. St. Paul Street, Suite 1400 Dallas, Texas 75201 [phone] Telephone [phone] Facsimile ATTORNEY FOR PLAINTIFF GW EQUITY, LLC

CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the foregoing was served upon the following counsel via ECF on November 2, 2007. Maria Crimi Speth, Esq. Jaburg & Wilk, PC 3200 North Central Avenue, Suite 2000 Phoenix, Arizona 85012 [e-mail] Tel: [phone] Direct: [phone] Fax: [phone] Jeffrey S. Seeburger Kane Russell Coleman & Logan, P.C. 3700 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201 Tel: [phone] Direct: [phone] Fax: [phone] [e-mail]

/s/ John T. Cox III___________________________ John T. Cox III

PLAINTIFF'S DESIGNATION OF MEDIATOR

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