53 1 - david s. gingras declaration

10297-82/MCS/MCS/995987_V1

DECLARATION OF DAVID S. GINGRAS

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GINGRAS LAW OFFICE, PLLC

3941 E. CHANDLER BLVD., #106-243

PHOENIX, AZ 85048

Maria Crimi Speth, #012574 JABURG & WILK, P.C. 3200 N. Central Avenue, Suite 2000 Phoenix, Arizona 85012 [email protected] (602) 248-1000 David S. Gingras, #021097 Gingras Law Office, PLLC 3941 E. Chandler Blvd., #106-243 Phoenix, AZ 85048 Tel.: (480) 668-3623 Fax: (480) 248-3196 [email protected] Attorneys for Plaintiff Xcentric Ventures, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

XCENTRIC VENTURES, LLC, an Arizona limited liability company, Plaintiff, vs. KARSEN, LTD., a foreign entity of unknown origin d/b/a Scaminformer.com; et al., Defendants.

Case No: 11-cv-1055-FJM

DECLARATION OF DAVID S.

GINGRAS IN SUPPORT OF

PLAINTIFF’S REPLY TO

DEFENDANT EUGENE SELIHOV’S

MOTION TO STRIKE ANSWER

I, David S. Gingras declare as follows:

1. My name is David Gingras. I am a United States citizen, 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 an attorney licensed to practice law in the States of Arizona and

California, I am an active member in good standing with the State Bars of Arizona and

California and I am admitted to practice and in good standing with the United States

District Court for the District of Arizona and the United States District Court for the

Northern, Central, and Eastern Districts of California.

Case 2:11-cv-01055-FJM Document 53-1 Filed 08/23/12 of 5

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PHOENIX, AZ 85048

3. I am counsel for Plaintiff XCENTRIC VENTURES, LLC (“Xcentric”) in

this matter and I have represented Xcentric since the inception of this matter.

4. On August 18, 2012, I received a CD in the mail from defendant’s counsel,

Chris Ingle, which purported to contain material responsive to Xcentric’s Motion to

Compel and the subsequent court order dated July 23, 2012 (Doc. #47). The contents of

the CD are shown below:

5. Upon reviewing the actual files on the disc, I determined that the five text

files shown above (named “compl_companies”, “compl_complaints”, “comp_posts”,

“panel_users” and “scaminformer_code”) appeared to be documents relating to the first

part of Xcentric’s prior Motion to Compel; i.e., materials responsive to Xcentric’s RFP

#1 which requested information about the source of thousands of infringing pages copied

from www.ripoffreport.com and reposted on www.scaminformer.com. This is material

which the Court previously ordered Mr. Selihov to produce in its order dated July 23,

2012.


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PHOENIX, AZ 85048

6. With respect to the other two items on the disc -- both were folders, one

named “SI Emails” and the other named “SI Emails 2”.

7. After reviewing the contents of these folders, I determined that the folder

named “SI Emails” contained approximately 1,454 pages of correspondence, all of which

represented emails from Google to Mr. Selihov which related to DMCA notices that

Xcentric sent to Google regarding infringing pages on www.scaminformer.com. As a

matter of policy, I am aware that Google regularly and automatically forwards copies of

all such DMCA notices to the administrator of the website where the allegedly infringing

pages are located. The contents of the folder named “SI Emails” appeared to be copies

of such correspondence from Google to Mr. Selihov.

8. The only remaining folder on the CD was named “SI Emails 2”. Upon

inspection, I determined that this folder contained 316 individual text files with

nonsensical file names such as “._5d63f11208659a19b8a42ada15a4d88d” and

“._9c4ec498f4c029a328d513aec3fa3602”. I subsequently opened and viewed the

contents of all 316 files, and they each appeared to contain nothing more than short

snippets of gibberish.

9. For example, one of the files contained in this folder was a text file named

“._7bf58d88cfa36dc7a6774afeb74c33e6.txt”. The entire contents of this file are shown

below (including spaces as in the original):

Contents of File ._7bf58d88cfa36dc7a6774afeb74c33e6.txt

� � � � � Mac OS X � 2 ± ã

� �ATTR `»š ã ˜ K ˜ K com.apple.quarantine

q/0000;5024f28d;Skype;ACDC9F01-899E-47FD-9F55-

4C2BAFF3DC20|com.skype.skype


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PHOENIX, AZ 85048

10. I personally reviewed all 316 files in the folder named “SI Emails 2”, and

every file contained the same or similar nonsensical gibberish text. None of the files

contained any meaningful information.

11. Based on my review of the CD from Mr. Selihov’s counsel, I have

determined that Mr. Selihov has not produced any information responsive to any of the

following categories of production requests identified in Xcentric’s prior Motion to

Compel, nor has Mr. Seilhov stated that no such correspondence exists:

• Any emails to/from any person relating to Ripoff Report/Xcentric/Ed

Magedson

• Any emails to/from any person relating to obtaining, changing, or

withholding administrative access to www.scaminformer.com

• Any emails to/from any person relating to money earned from the operation

of www.scaminformer.com

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: August 23, 2012.

David S. Gingras


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PHOENIX, AZ 85048

CERTIFICATE OF SERVICE

I hereby certify that on August 23, 2012 I electronically transmitted the attached

document to the Clerk’s Office using the CM/ECF System for filing, and for transmittal

of a Notice of Electronic Filing to the following:

Christopher B. Ingle, Esq.

CASE ELIA, PLLC

2942 North 24th Street, Suite 114

Phoenix, AZ 85016

Attorney for Eugene Selihov

And a courtesy copy of the foregoing delivered to:

HONORABLE FREDERICK J. MARTONE

United States District Court

Sandra Day O’Connor U.S. Courthouse, Suite 526

401 West Washington Street, SPC 62

Phoenix, AZ 85003-215

/s/David S. Gingras


53 1 - david s. gingras declaration

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