december 5, 2011 - motion approval $96 billion damage report & consideration on 60b4 motion void

8/3/2019 December 5, 2011 - Motion Approval $96 Billion Damage Report & Consideration on 60b4 Motion Void

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GOOGLE GOOGLE GOOGLE $$$$$$$$$$


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GOOG GOOG GOOG $$$$$$$$$$Run the #s If Google agreement COMPLETED (It was imminent) for Myspace.com asset website 100% owned by eUniverse, Inc in 2003 and by this me genera ng 200,000new users per month in just its 2nd full month of opera on..IF GOOGLE AGREEMENT SIGNED IN 4th Quarter of 2003, Myspace would have been using Google and genera ng hundreds of millions in Prots theore cally by me it was forsale to Fox in 2005. But Googledeal would not yet be signed and closed and trumpted in 2006 to Tune of$900 million dollars.

October2003 Marco who eUniverse hired in 1999Worked closely under me and had been handed

The Google rela onship right before I le`.

Marco then joined our Myspace team/divisionAnd likely handed over Google rela onshipTo News Corp or DeWolfe or RosenblaAround me of sale.

Oct 27, 2003 Google approaches

eUniverse andrequests to do business in area ofsearch. This is the beginning of the 2

companies rela onship. Itsindisputable.


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Brad Greenspan Chairman/CEO, Head ofInternet Strategy & Head of M&A

AdamGoldenberg

Head of Alena eCommerce 2003)

SteveFriedman

Head Ad Sales

Chris DeWolfe,ResponseBase

Ecommerce

Marco Ilardi,Head of

FlowgoDivision

Jus nBecke ,

PresidentGame

Universe

Todd Smith,Head of

Mergers &

Acquisi ons /BusinessDevelopment

Dan Yeh, Headof Download

division

Korri Kolesa/Steve Baumer(Services Ink

& Da ng)

Jeff Rajewski,Chief

TechnologyOfficer

35 employeesResponseBaseEmployeesJosh BermanTom Anderson

25 employees20 employees

25 employees 5 employees 10 employees 30 employees


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EUNIVERSEOfficers

BRAD GREENSPAN,CHAIRMAN/CEO(Incep on 1999October 2003)

Bre Brewer,President(became Co

President late 2000)

Sean Gold (CoPresident late 2000

late 2002)

Barbara (OfficeSecretary)

Jeff Rajewski, ChiefTechnology Officer(Eric SchiermeyerCTO) 20002002

Jvarraveto, CFO(2001 replaced byTahie Aug 2003

Controller

J 28 2005 L f


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June 28, 2005 Le er fromIntermix to Whistle Blower

Greenspan

Conrms the Special Commi ee set up inJun 9, 2005 Board Mee ng.


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May 16, 2005 intermix No edof likely fraud by CEO fromformer CEO andlargest at me common shareholder (Brad

Greenspan). Brad had also launchedwebsites with slides such as this one below.

Brad became whistleblower.

August 12, 2005 No disclosure of ndings to public, Special Commi eewas elected (6/9/05) but likely never completed process prior to sale to News Corp. (9/30/05)

May 16,eUniversefounder,largestshareholder,sendsWHISTLEBLOWERLETTER TOBOARD OFINTERMIX.

STEALING SEARCH January 2006 Microso` offer $800 million over 3 years for Myspace


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STEALING SEARCH

January 2006

Microso`Offers $800 millionFor Search for Myspace

Heckman told MurdochAnd Chernin about value of MyspaceSearch,, MonthsEarlier, i.e. some%me in 2005

Nego a ng for 8 monthsWith Microso`

MSFT offering $266 millionPer year in revenue to Myspace

y y y pSearch Partnership


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APRIL 2005 ASK JEEVES COLEAD BANKER MOVES TO JP MORGAN, IACS ADVISOR INTHE ASK JEEVES BUYOUT, AND ZAKKOUR THEN IS HIRED BY NEWS CORP

TWEISEL


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INTERACTIVECORP (SECreview con nues

un l July 19,2005 JPMORGANRepresen ng IAC in$1.8 Billion Ask Jeevestransac on (Firstpublicly disclosed inMarch 2008)

ASK JEEVESPublic CompanyTop Directors wereAudit Commi ee DirectorsDavid Carlick (Chairman ofIntermix) & Jeff Yang, 25%Owner & Director ofMySpace, Inc.

MYSPACE, INC/INTERMIX

DavidCarlick,Intermix Director& nonexecu veChairman

GEOFF YANG Director of Ask Jeeves

CEO/DIRECTORROSENBLATT

ALLEN & CO. (BANKER #1)

IAC Director:Donald R. Keough isChairman Allen & Co.

CITIBANK (Banker #2)

APRIL 2005

AZ Anwar ZakkourBecomes Head of MediaJP Morgan FROM CITIBANK

COURT EVIDENCE SHOWS AJULY !6, 2005 VALUATION REPORTFOR INTERMIX AFTER NEWSCORP HIRED ZAKKOUR THRU JPMORGAN ENGAGEMENT ON

JULY 13, 2005.

TIVO

Randy Komisar, Board, KleinerPerkins (April 2005

NEWS CORP

TOM PERKINS DirectorNews Corp &KLEINER PERKINS

ALLEN & CO

STAN SCHUMAN,Director NEWSCORP & ALLEN & Co.Director

AND COMES UP WITH VALUATION THATIS OVER 100% GREATER THEN THE 2 BANKSHIRED TO PROBIDE FAIRNESS OPINIONS FOR INTERMIX: TWEISEL & MONTGOMERY

$1.4BILLION

NANCY PERETSMAN, $10 millioncommission From IAC/ASK JEEVES transac on

DEUTSCHE BANK$1.7BILLION (MAY)

TWEISEL$580 MILLION

Montgomery$580 Million

July 21, 2005 DOUBLEDIGIT GROWTH IN SEARCH SEEN

Carlick is Also lead director Of AskJeeves whichIs in the middle of Trying to close Its $1.8 Billion


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BY AOL AND ASK JEEVESAPRIL 2005, CHAIRMAN DAVID CARLICK HASINTERMIX VOLUNTARILY SHUT DOWNITS TOOLBAR SEARCH DIVISION, AND LOSES8 MILLION MONTHLY SEARCH USERS AS ITSINTERMIX SEARCH DIVISON COLLAPSES BY 72%WITHIN 90 DAYS

Is in the middle of Trying to close Its $1.8 Billiondollar Merger to IAC Corp(announced March 21,2005


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March 25 July 19


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ISH

March 2004 Allen &Co. sells ISH AdwareCompany toAskJeevesFor $300 and receives$10mln fee.

ASJkEEVESASKJEEVES

IAC CORP

March 25 July 19,2005 (closing date)Allen & Co. is Bankerfor AskJeevesAnd receives $10million Commission

on sale to IAC for$1.8 Billion

August 15, 2005Allen & Co. announcesGoogle secondary.

GOOGLE

Led by NancyPeretsman

September 15, 2005Allen & Co. raisesGoogle $4.4 Billion

GOOGLE

Commercial rela onship

NPeretsman

NPeretsman

NPeretsman

NPeretsman

December 15, 2005Google pays $1 BillionFor 5% of AOL Time Warnersand to Extend Search Partnership

GOOGLE

TIME

WARNER AOL

$1Billion

At$20BillionValua on

Viet Dinh, worked forHoward Stringer, Chairman


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SONY HEADGC NICOLESELIGMAN

NWSHEADGC JOEL

KLEIN

Williams &Connolly Law

Firm

HOGAN LOVELL LAWFIRM

Hogan Lovell thru 2006on NWS board since 2004

Rupert Murdoch

James Murdoch

Tom Perkins, KPC

Joel Klein

BrendanSullivan

Sony Corp

Nicole Seligman, GC SonyCorp

Robert Weisenthal, CFO SonyCorp

Mark Eisenberg, former GCSony Music Corp


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August 2, 2005

viacom bid #2

July 25, 2005


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By late July 2005,Intermix management isFocused on mee ngWith Search PartnersBut delays closing a dealWhich is against bestInterests of shareholders.

One tac c is to confuseYahoo by merging the

Acquirors search assetsWith targets for currentPoten al commercial search vendors/bidders that exist (i.e. at least toyahoo)

CEO Rosenbla a appears to havemisled Yahoo that Fox alreadyowns Intermix for the sake of anyproposals or offers, as now Yahoowould see that they were bidding

on Fox + Intermix. Likelycontribu ng to what was asuccesful pushing, delaying, ordeferring closing a SearchPartnership. HSR1 VIOLATIONAS WELL.

July 25, 2005 likelyviola on of HSR1


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August 2, 2005 HS1 related emailshows they understand there isissue so they jump on phone to

discuss vs. email.

May 2005 GOOGLE ACTIVE IN DISCUSSIONS WITH MYSPACE.COM (PRENEWS CORP MERGER AGREEMENT SIGNED)Google refuses to work with us because MIX is a majority owner MySpace June 2005 Board presenta on by CEO/Director DeWolfe


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Google refuses to work with us because MIX is a majority owner MySpace June 2005 Board presenta on by CEO/Director DeWolfe

GOOGLE

JUNE 2005 Google/Myspace


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M 2005 G l


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May, 2005 Googlemen oned

May 005

Email from Myspace CEOChris DeWolfe:

We cannot work withGoogle due to our associa onWith Intermix, Overture isIn a holding pa ern onComple ng a new agreementwith us, andWe are on hold with (Viacom)On strategic and partnershipdiscussions

Myspace Search is

Delayed ini ally because ofSpitzer lawsuit, and later delayedInten onally un l a`er ShareholderVote


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,myspace growth + graph


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IACGOOGLE,

JANUARY 2005 Sweet heart/non revlon abiding Pref Stockpurchased From Carlick Introduc on and arrangeddeal with Intermix/Myspace companies BOUGHT


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Eric SchmidtCEO

John Doeer(KleinerPerkins VC)

Larry

Serge Paul Ortellni

RupertMurdoch

Tom Perkins

(KleinerPerkins))

JohnThornton

Viet Dinh PeterChernin

KLEINERPERKINSBig Shareholder inGoogle

DavidCarlick,Director

GeoffYang,Directorl

IAC

SEARCH

PARTNERSHIP(AskdependentOn Google ForSearch)

INC.

ASKJEEVES, INCSEARCH ENGINE CO.

INTERMIX, INC. AMEX:MIX

66% of Myspace.com

Ownership/controlMyspace

GeoffYang, PARTNER INREDPOINT (RP)LLC FUND

David Carlick, Managing PartnerVantage Point (VP) LLC Fund

$

$

$

$Tom Perkins, PartnerKP

$ John Doerr, PartnerKP

NEWSCORP, INC $

$

y p piPREFERRED STOCK from a public companys mostvaluable asset which was on its way to doing a fulledged IPO.Deal at a clearly deep discount toComps in the marketplace. Deal losed mid FEB2005, Generated PAYOUT OF $70 million on July18 th , or 700% over $11.5 ini al investment (bare

minimum). Cap was put in place giving Intermixcontractual right to buyout cap/collar gi`dealgiven to Red Point. Selling stock at a lower valueini ally (guaranteeing it being a 100% bona debe er then market deal if any Revlon processwould have been followed which Directors clearlydid not do in Feb 2005 and a`er they were awareNYAG was inves ga ng Myspace sub ownerIntermix, Inc. for ma ers Intermixs CEO Rosenblawas spearheading.

$25%

Feb 11, 2005

July 19, 20052005 conict

map IACACQUIRES ASKJ

John

GOOGLE,ASKJEEVES, INCSEARCH ENGINE CO.


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EricSchmidtCEO

JohnDoeer(KleinerPerkinsVC)

LarrySerge

PaulOrtellni

KLEINERPERKINS

Big Shareholder inGoogle

DavidCarlick,Director

GeoffYang,

Directorl

SEARCH

PARTNERSHIP(AskdependentOn Google ForSearch)

INC.

GeoffYang, PARTNER IN

REDPOINT (RP)LLC FUND

David Carlick, Managing PartnerVantage Point (VP) LLC Fund

$ Tom Perkins, PartnerKP$

John Doerr, PartnerKP

February 11, 2005YANG/CARLICK Pre

Myspaceinvestment

David Carlick, directorIntermix, Inc.

James QuandtLaurence Moreau

David Carlick, Chairman Andrew Sheehan, DIRECTORBre Brewer, President

Richard Rosenbla , DIRECTORDan Mosher

William Woodward

Geoff Yang, DIRECTOR

Intermix, Inc. Board of Directors during Golden Triangle Period (Sep 14, 2005 thru Sep 30, 2005)


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Intermix Board of Directors

Brett Brewer

Director & President

(1) Richard Rosenblatt

Director & ceo

Andrew Sheehan

DirectorsPartner CarlickOn Board of Myspace, Inc.

David Carlick

Director (ex-askjeeves search)

William WoodwardIndependent Director

Dan Mosher

Independent Director

Jim Quandt

Independent Director recruiting firm that hired

ceo

Lawrence Moreau

audit committee chairman

INTERMIX, INCBoard of Directors

= Also on board of Myspace, Inc

8 f 13 il it d b F d l J d


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Rosenbla con nues: I would like to discuss my specic role andstructure whenever you are ready. It is no rush unless Peter and Rupertwant me to sign an employment agreement by Sunday [July 17, 2005]

On July 13, Rosenbla wrote: tell Thom Murdoch and I cut thedeal in 30 mins [ sic] and I got 100% of what wewanted. Deal closingby Monday. (Id., Ex. 154).

Third, on July 15, Mosher wrote Rosenbla following one of Rosenbla supdates to the full board, saying Viacom sounds like a pipedream. (Id., Ex.182).

Plaintiff cites an email Mosher sent to Rosenblatt after one of the July 15th meetings, stating: Weneed to honor our commitment to Fox and get this done. Viacom sounds like a pipedream. Foxsounds dead serious and not screwing around. (J.A., Ex. 182).

4)

5)

6)

7)

Rosenbla replied evasively, failing to correct her mistaken impression that the auc onwould s ll be ongoing a`er Monday: I am on a call but thanks so much for the email . . .. I will call you back soon . .

8 )

Sixth, on July 17, Jason Hirschhorn emailed Chris DeWolfe,MySpaces CEO, to document his difficul es in staying in theauc on process: chris, quick concerns . . . Intermixmanagement did not show up on Friday as promised duringour me there . . . Intermix legal cancels their me with our

legal today at the last minute . . . Heard you guys got calledoff the ad sales call abruptly . . . In short, I have had a team of20+ people here working for 72 hours straight on a signicantbid, is there anything I need to know? (J.A., Ex. 200).

Seventh, on July 17, Van Toffler of MTV also emailedRosenbla directly to complain politely about the perceivedrunaround: They are in the office working round [sic] theclock so we can put forth a number to you this week. Theymen oned a couple of calls were cancelled at the end of theday Friday, and seemed a bit concerned. Is there anything Ican do to help the process for both of us as this is clearly onthe fast track? (Id., Ex. 202).

Again, Rosenbla replied in such a way that a reasonable jurycould infer an intent to evade an arguably imminentcompe ng bid: We like you and your guys a ton also. Chriscalled back or will your GC today. Have a greatweekend[.] (Id.).12

8 of 13 emails cited by Federal JudgeGeorge King were not part of evidenceMade avail to State plan ffs

June 17, 2010 Fed citedemails

Myspace, Inc. Board of Directors during Golden Triangle Period (Sep 14, 2005 thru Sep 30, 2005)


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Andrew SheehanDirector

also owned minority stake

Chris DeWolfeDirector

-also owned minority stake

Intermix Idependent Director Never Filled

Geoff YangDirector

also outside active VC

Richard RosenblattDirector

also Director of Intermix

MYSPACE, INC

Board of Directors (4/4no independent ever elected

= On Board Intermix

August 8, 2005


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Intermix delaysIts own businessDevelopment mee ngs/progressIn favor of working for benet of NewsCorpPreclose.

Both CEO andPresident then go onVaca on insteadOf nishing/closingSearch deal forMyspace prior to shareholderVote.

August 8, 2005YAHOO/NWS/

MYSPACE

SEARCH

June 9, 2005i i b d

2/3 INDEPENDENT DIRECTORS NOT PRESENTFOR WHISTLE BLOWER GREENSPANDEMAND MATTER.


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DAN MOSHER (NOT PRESENT) WILLIAM WOODWARD (NOT PRESENT)

intermix boardmtg (pg. 2)

James Quandt

Laurence Moreau

David Carlick, Chairman

Andrew Sheehan

Bre Brewer, President

Richard Rosenbla , CEO

Chris Lipp generalcounsel

Intermix

Lisa Terrill, CFO

Sherman Atkinson, COO

SHAREHOLDER (BradGreenspan) WRITES LETTERTO COMPANY REVEALINGTRAFFIC MANIPULATION BYCEO ROSENBLATT & CALLSFOR INVESTIGATION ASFORMER EXECUTIVEWHISTLEBLOWER(reports to SEC as well)

DAN MOSHER (NOT PRESENT) WILLIAM WOODWARD (NOT

PRESENT)

Director WilliamWoodward joins mee ng

Woodward put on commi ee before he arrives at BoardMee ng or aware Of facts.

James Quandt becomes 2ndmember of special commi ee

June 9, 2005i t i b d

2/3 INDEPENDENT DIRECTORS NOTPRESENT FOR DEUTSCHE BANK PRESENTATION


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DAN MOSHER(EXITS) beforeDeutscheB orMontgomery


James Quandt

Laurence Moreau


Andrew Sheehan



Chris Lipp generalcounselIntermix

Lisa Terrill, CFO


GREENSPAN DEMANDINVESTIGATION

DEUTSCHE BANKPRESENTATION(triangulates DB Valua onMost credible document)

Director WoodwardNot Present

REVLON DUTIES FOR BOARD BEGINFirst Board no ca on Via Montgomery thatNewsCorp interested in Acquisi on of Intermix

PRESENT FOR DEUTSCHE BANK PRESENTATIONON VALUATIONS (6/9/05)

June 9, 2005i t i b d

2/3 INDEPENDENT DIRECTORS NOT PRESENTFOR WHISTLE BLOWER GREENSPANDEMAND MATTER.


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DAN MOSHER (NOT PRESENT) WILLIAM WOODWARD (NOT PRESENT)


James Quandt

Laurence Moreau


Andrew Sheehan



Chris Lipp generalcounsel

Intermix

Lisa Terrill, CFO


SHAREHOLDER (BradGreenspan) WRITES LETTERTO COMPANY REVEALINGTRAFFIC MANIPULATION BYCEO ROSENBLATT & CALLSFOR INVESTIGATION ASFORMER EXECUTIVEWHISTLEBLOWER(reports to SEC as well)

DAN MOSHER (NOT PRESENT) WILLIAM WOODWARD (NOT

PRESENT)

Director WilliamWoodward joins mee ng

Woodward put on commi ee before he arrives at BoardMee ng or aware Of facts.

James Quandt becomes 2ndmember of special commi ee


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August 4, 2005

Heckerman joins Fox Interac veSubsidiary ac vely Employee as of 8/4/2005.

Focuses on SearchHad already been studying Myspace certainlyBy this point and liasing with Levinsohn.

News corp genius Idea hold A bona de auc onFor Myspace once we make sure there is notA fair auc on and informed shareholdersOf its value un l AFTER News Corp acquiresIntermix+Myspace

JAngwin, from her interviews of News corp employeesAnd Intermix employees from book about her employersAcquisi on of Myspace, en tled Stealing Myspace 2009; Random House

August 4, 2005New Corp

Acquires head of

Search. Focusbecomes Search

Auc on

July 20, 2005 2 days a`er Merger AgreementWith News Corp signed. 70 days before Shareholder Vote

CEO Rosenbla on 7/25/05, integrates Foxs Web proper es with Intermix/Myspace proper es In the opportunity presented now to Yahoo whichIs a`er only 6 days from when merger agreement was signed Which effec vely


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Likely viola on Ofjumping gun Provision, here, Intermixs Myspacemajority owned corporaon can be seen in an ongoing process to secure a SEARCH PARTNER for itsvaunted Myspace.com property. A Deal of signicant $$ magnitude could have been closed well before September 30, 2005. Closing such a transac on would have been asure material development & announcement seeing As Microso` was ready to pay $800 dollars or $266 million per year for Search Alone for Myspace.com as early asJanuary 2006, just 90 days aèr the Myspace Shareholders voted tosell Myspace.com

y y g g g yviolates Harts Rodino Act (HSR1) Jumping Gun du es by combining businessopera ons In a manner that precluded Intermix ge~ng the benetOf its ordinary due course of business

Rosenbla s delaysclosing IntermixsSearch Auc onprocessUn l aèrSeptember 30, 2005,more then 60 daysaèr the 2 nd

Mee ng with headof search

July 2025,2005 Yahoo/Search/

HSR1Viola on

August 2, 2005 DAY OF SEARCH AUCTION YAHOO KEY 2nD MEETING


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Simultaneously Nego a ng compensa on while running Search Auc on, again shows CEO RosenblaWas conicted and as usual, shareholders get short end of s ck. No Search Deal.

Michael Kirby works for Fox/News Corp. Thereforeit appears Rosenbla is repor ng out to FoxVs. Shareholders, 60 days before Transac on is setto close.

GOOGLE, INC.

MSFTYAHOO


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Eric SchmidtCEO

John Doeer(KleinerPerkins VC)

Larry PageSerg Brine

Paul Ortellni

Rupert MurdochTom Perkins

(Kleiner Perkins))

John ThorntonViet Dinh Peter Chernin

KLEINER

PERKINS LLCBig Shareholder in

Google $$$$$$$

$Tom Perkins, PartnerKP

$John Doerr, PartnerKP

NEWSCORP, INC

NYPOST

Ross Levinsohn

AOL

Jonathan MillerCEO, AOL

Allegedly Alreadyfriends

Sep 16, 2005AOL/Microso`Gossip

PUBLIC

INTERMIX

MYSPACE,INC


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July 16 2005 MSA


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July 16,2005 MSAFRAUD


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december 5, 2011 - motion approval $96 billion damage report & consideration on 60b4 motion void

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