Professional Documents
Culture Documents
-350.00
'--:OO
R -ISO.OO
R '1,100.00
.----; I;S30:nO
R
R
R
R
R
R
R
R
R
R
R
R
R
R
R
-152.94
-152.94
-285.66
.152.94
.152.94
-152.94
.201.44
-97.42
.152.
-152.94
97.42
.65.00
.61.00
-251.98
-37.94
Case 1:13-cv-00536-RBW Document 11-3 Filed 07/12/13 Page 3 of 7
. .t~~~..JO.W.W6muriJ_;,Lir7(j~~.;T~:I!rj':~:~li~ m t n' f. St~:.JU..k~.J:! J-!L!'! tCjt~~~a,iltn ,"
~
DATE__SlI iQ.~~,_,_.._..~_ i"20/~1~C
.&bJJ ~~_._~_.._..~----_,~_~.,___..____._~_J $ ~ GOO. no
--'_.__..__._~_..~_.----.~fi.~--1b(N:~~_..E~':_.__~__._.'-_DOLLARS 6:t ~7:
'Bankof-Amei'ica" . . .. .. ..
H'FIRST BASEBALL, LLC
:-48'VST. N.W. S:rE 3
WAs'HITON; DC . iOO7-Sl1
2044
03-97
PAY
TO THE
ORDER OF..
g
AGH AI OG40f204
'~
--
~
"
l
~
FOR.__.-i:~::Vi~-R~~'~.;,~l_~___
-'-'---" ._...__..__._~
Case 1:13-cv-00536-RBW Document 11-3 Filed 07/12/13 Page 4 of 7
" . , .~:. f , . ,~. ~
HEADFIRST BASEBALL, LLC 03-97
48 V ST. N.W. STE 3
WASHINGtON, DC' 2OO7-1511 -i / )
r DAtE_Llfr O-:
..1 ri'l~:t OF_..._Jl~6. ~J 'vov_..____._..._.................._.______..._.__.._______J $
BankfAmerr- .~~&~
2136
15-20/1\0 DC
8011
-: OCO. 0.,
~ I
_...__.___...DOLLARS 6J =':
~
~
l
FOR_~~Y '\r.t&__....c._._..~._.
.1..
k &
----~-_._--,.._-
i_ 2
ACH I1 054.0012Q4
Case 1:13-cv-00536-RBW Document 11-3 Filed 07/12/13 Page 5 of 7
(Y
CD
C\
C\
j
J' 0
~f')r:
~ ~:g
t: (j
w ~
~ 2H
tt ~ 8
.."'t
(f ~ ~
i: i
- if
i. '"
:5
t:: ~'
~ l~:
"n
co
,,'
~
11
1-
.i
C)
~
'\
\ (
j !
(;0
)
(f':J
('
i
I
"
vi:
')
C'
.,;
.
"
v,
r,
rL '/ )
\ 'flv)
~~
i
;'~/J.'1
V 11',.. \
\ \
Case 1:13-cv-00536-RBW Document 11-3 Filed 07/12/13 Page 6 of 7
~
,
'
:
r
:
'
S
7
;
:
~
H
.
l
!
f
:
a
G
2
,
;
;
l
l
f
I
:
!
r
.
'
'
;
'
T
'
-
;
;
-
i
i
.
i
f
-
~
t
.
'
;
;
'
-
.
I
O
'
"
;
'
S
'
t
;
:
r
!
:
I
'
;
T
i
~
:
F
.
~
i
"
H
E
A
I
R
S
T
B
A
S
A
L
L
L
C
.
,
.
,
"
I
4
S
V
S
T
.
N
W
S
U
I
T
3
.
:
I
.
.
.
.
.
.
.
.
.
W
A
S
H
I
N
G
T
O
N
,
D
C
2
0
7
-
1
5
1
1
I
,
I
1
5
-
I
Z
Q
M
n
l
l
I
.
.
.
.
.
;
D
A
T
E
l
7
.
'
3
i
'
"
Z
.
&
m
~
,
I
'
~
~
'
l
j
.
~
6
i
i
"
b
.
.
.
J
"
"
~
I
I
N
/
7
;
$
'
\
"
t
S
.
9
,
/
I
I
;
W
'
"
-
*
"
~
.
.
.
,
,
.
I
i
I
J
~
.
1
"
-
.
P
I
U
1
"
!
J
k
.
.
.
.
e
I
9
y
l
.
.
D
O
L
L
A
R
S
f
l
s
,
"
:
l
.
.
1
.
;
.
.
.
.
&
n
k
O
f
A
m
e
r
i
c
a
=
.
~
.
~
'
.
.
I
.
.
.
'
,
I
~
"
M
_
_
V
.
C
C
J
~
,
:
~
)
\
7
'
"
"
C
~
M
'
t
F
O
R
,
-
"
-
V
.
.
~
_
O
O
~
.
_
"
_
_
.
.
_
_
_
.
.
.
.
.
.
.
.
.
_
_
_
_
_
.
.
.
_
_
_
.
_
.
.
!
i
.
,
=
2
~
:
:
:
)
:
:
I
~
~
t
i
i
!
!
E
.
!
!
!
!
I
'
.
'
~
~
.
.
.
_
I
~
.
.
.
'
.
U
P
,
'
"
"
"
"
F
_
_
~
d
a
_
.
.
.
.
.
.
.
.
.
.
.
.
'
.
.
.
_
.
.
.
.
.
.
.
Case 1:13-cv-00536-RBW Document 11-3 Filed 07/12/13 Page 7 of 7
C.A. No. 1:13-cv-00536-TFH
EXHIBIT D TO COUNTERCLAIM
Case 1:13-cv-00536-RBW Document 11-4 Filed 07/12/13 Page 1 of 4
BankofAmericaw-'
BANK OF AMERICA, N.A. (THE "BANK")
Account Number 2
Account Type BUSINESS II\TEREST MAXIMIZER
Account Title. HEADFIRST BASEBALI"J_L""l,C.
Limited Liabilty Company
Signature Card
o Temporary Signature Card
.- .~~_._--~...-,~-- .._-------~.__.....-_.-
.._-,.~.-,. ~_._--_.._~--_.
Name of Company HEADFIRST BASEBALL.Ll~____.__.__.._..-_.------
Tax Identifcation Number I ) . '-'--
By signing below, the above named Association agrees that this account is and shall be governed by thc te"ms and conditions get forth in the following documents, as
amended from time to time: (1) the Deposit Agreement and Disc108Ulcs, (2) the Business Schedule of Fees, and (3) the Miscellaneous Fees for Business Accounts, and
the Association furthei: acknowledges the i'eceipt of these documents.
Substitute Form W-9. Certifcation-Under penalties of perjury, I certify that: (1) The number shown on this form is the correct
taxpayer identHication number (or I am waiting for a number to be issued to me), Cind pa I am not subject to backup
witi.holding because: (A) I flm exempt from backup withholding, or (B) I hflve n~t b~en notifed by the Internal Re~enue Service
(IRS) that I am subieet to bflcknp withholding as a result of a failure to report 'all inleres.t or dividends, or (C) The IRS has
notified me that I cim no longer subject to bCickup withholding, and (3) I flm a U.S. prson (including a U.S. resident allen).
Certification Instructions
You must Cl'5S out item (2) above if you hiive been notified by the IRS that you are current.ly subjectto backup withholding because of underreporting interest or
dividends on your tax return. (See also rns instruct.ions for Form W-9).
The Intern'al Revenue Servioe does not require your oonsent to any
provision of this document othar than the certifications required to avoid
baokup withholding.
Name (typed or printed)
1.. & l-( r r /WO(? iJ
2. 13Le1t:l4.r ,i / " V'P 1"
3.
4.
5.
Signature
I, the undersigned, hereby certify (1) tliat r am a duly authorized member/manager of the Company named above. (2) ,hat the above named person"i) are those persons
currently empowered to act "nder the Company resolutons authorizing this accoiint find 11,e ot;her banking services provided fOl' therein, (3) that the specimen
signature set forth oppo~i~ J)e name of eacl~ perso~, is true and genuine: and (4) the SUhSl:t .Form W-9 certifica.tion.
This...-daYOf rio/ 2PtJ6 _. . 'Iy'tc-ft~..
. Member/Manager
ATM/Deposit/Cheek Card Request
Provided that the account referenced above is eligible to receive automat.ed t.eller machine cards and/or Check Cards, I (as authorized by the
resolu1;ons which aut.horize this account) hereby request the issuance of such cards t.o any of the authorized signers .on this account.
Member/Mandger
Member/Marlager
Bank Information
Dat.e __Q.1/25/gQQL____.____.... Banking Center Name .__TELEPHONE BANKING ADMIN -,--'--....-----...----.-----
Assocate's Name ROBERT FEA~STER Associate's Phone NUl1ber"QQ.360.50~
~5.J4.9(JllM 08.200l NDe
Case 1:13-cv-00536-RBW Document 11-4 Filed 07/12/13 Page 2 of 4
BankofAmerica~.
'NK OF AMERICA, N.II. (THE "BANK")
Certified Copy of Limited Liabilty Company Resolutions..
Opening and Maintail1ing Deposit Accounts and Services
Name of Limit.ed Liabilt.y COmpallY HEADFIRST BASEBALL LLC
1, the undersigned, hereby certify to BANK OF AMERICA, N,A,
.__, that I ani altJie
j).c#.r
Title
and the designated keeper of the records and minutes of HEADFIRST BASEBAll iie, a (;ited liabilty
company 0 professiona limited liability company duly organized and existing under the laws of the State of 4 Jgt 1.,'''J ..1, Dc. (the
"Company"); that I have full authority to manage, represent, sign for and bind the Company, that the follow,ing is a true copy of
resolutions duly adopted
by a majority of the members/managers of said Company at a meeting duly held on the kday of Ae Y" I , ~ , at which a quoruin
was present and acted throughout or adopted by the writtn consent of a majol'ty of
the members/managers; alid that such resolutions are in full force
and effect and have not been aniended or rescinded.
1. Resolved, that BANK OF AMERICA, N ,A, (the "Bank") is hereby designated as a depository of the Company and that deposit
accounts and/or time deposits (CDs) be opened and maintaned in the iiame of this Company with the Bank in accordalice with the terms
of tle Bank's
Deposit Agreement and Disclosures and the applicable rules and reguations for such accounts; that aliy
one of the following members, maliagers, or
emizloyees ~~ r
_N~aia:ililee,_~~_ __. _ fi.U~:: Title/Status
~~-;..
Name TitleJStp.tus
Name Title/Status
is hereby authorized, on behalf of this Company and in its name, to execute and to sign any application, deposit agreement, sigiiatUle card alid any other
doeUlnentation required by Bank to open said accounts; to sign checks, drafts, notes, bils of exchange, acceptances, time deposits (CDs) or other orders for
payment of money; to endorse checks, drafts, notes, bils, time deposits (CDs) 01' other instruments owned or held by thisCompallY for deposit with Bank
or for eollection 01' discouiit by Eank; to accept drafts, acceptances; and other instruments 'payable at Banl(; to place orders witn Bank for the pUlchase
and sale of foreign currencies on behalf of this Company; to execute and deliver an electronic fund transfers agreement alid to make transfers or
withdrawals by electi'onk tralisfer on behalf of the Company; to obtain an access device (including but not limited to a card, code, or other means of
access to the Company's accounts) that may be used for the purpose of initiating electronic fund transfers (Company agrees and acknowledges that
neither the Electronic Funds Transfer Act (15 U.s.C. 1693 et seq.) noi' Regulatioii E (12'C.F,R. Part 205) are applicable to any such access device); to
establish and maintain a night deposit i;elationship; to execute and deliver a wie tral1sfer agreement and to request, or to appoint alid !elegate from
tin1.e to t.ime such persona who may request, wires of funds; to enter into any agree'ments with the Bank for the provision by Baiik of val'ious Treas1lY
Management services to this Company as such member, manager or employee maY' determine, in his or her sole discretion, and to sign any and all
documents and take all actions required by Bank relative to such TreasUl'Y Management ~ervices or the performance of the Company's obligations
thereunder, and that any such TreaslU Managemeiit agreiient(s) shall remain ii~ full force and effect until writt.en notice to terminate given in
accordance with the terms of any such agreement shall have l:eenreceived by Bank and that such termination shall not affect any action taken by the
Bank prior to such t.ermination; to rent or lease a safe deposit box from Bank, to execute the rental agreement or lease, to enter the safe deposit box and
to terminate the rental agreement or lease; t.o take whatever other actions or enter into whatever other agi'eements relating t.o the accounts or
investinent of funds ili such aCC?Ul1ts with Bank and to execute, alnend, supplement and deliver to Bank such agi'eements 011 behalf of the Compaliy upon
such terms and conditions as such member, manager or einployee may deem apprppriate and to appoint and delegate, from time to time, such person(s)
who may be authorized to enter into such agreements alid take any other actions'pUl'suant to such agreements in connection with said accounts that the
member, manager or employee deemsnecessai'y; and to waive presentment, demand, protest, and notices of protest or dishonor of any check, note, bil,
draft, or other instrument made, drawn or endorsed by this Company; and
2. Futlher Resolved, that t.he Bank be and is hereby authorized to honor, receive, certify, payor exchange for money orders 01' other instruments all
inst.ruments signed in accordance with the foregoing resolutions even though such payment may create an overdraft or even though such instruments
may be drawn or endorsed to the order of any member, manager or employee signing the same or tendered by such member, manager or employee or a
third party for exchal1ge or eashing, or in payment of the individual obligation of such member, maliager or employee, or for deposit to such member's,
manager's 01' employee's personal account and Bank shf not he required or be uuder aliy obligation to'inquire as w the circumstances of
the issuance or
use of any instrument signed in accordance with the foregoing resolutions or the application or disposition of such instrument or the proceeds thereof;
and, f\lt.lier, that t.he Bank is authorized to honoi' aliy instructions regarding withdrawals, orders for payment or transfer of funds whether oral, by
telephone or electronic means if such w~thdrawal, orders or transfer are initiated by an above authorized inember, manager oj' employee; and
SIGN RIc1iir'
,';~ ",fft,'f smB:
._,;1;.
NDC
OO-14.9258M 6-1999
Case 1:13-cv-00536-RBW Document 11-4 Filed 07/12/13 Page 3 of 4
3. Further Resolved, that the Baiik be and is hereby requested, authorized and diected to honor and to treat as authorized, checks, drafts 01'
othei' orders for the payment of money di'awn 01' purportedly drawn in this Company's name, including those payable to the indvid1ll order of any
'1'8011 whose name appeai's thereon as signer thereof, when bearing or purporting to heai' the facsiniile sigl1atLU'e of a member, manger or
employee
,tJ1orized in the foregoing resolutions and the Ban shall be entitled to honor, to treat as authorized, and to charge this Company for 8uch checks,
drafs, or other orders regardless of by whom or by what means the actual or purorted facsimile signature thereon may have been affued thei'eto, if
such signature resembles the facsimile specime.n duly certifed to or fied with the Bank by a member/manger of this Company or if such facsimile
signatiue resembles any facsimile signature previously affixed to aiiy check, di'aft, ol'other order drawn in the Company's l1anie, which check, di'af,or
other order was accepted and paid 'without timely objection by the Company, thereby ratifing the use of such facsimile signature; and the Compay
hereby indemnifes and holds the Baiik hai'mless against any and all loss, cost, damage or expense suffered or hiciured by the Bank arishig out of or in
aiiy way related to the misuse or unlawful 01' unauthorized use by a person of such facsimile signatiue; and
4. Further Resolved, that endorsements for deposit may be evidenced by the name of the Company being written or stamped on the check 01' other
instrument deposited, without designation of the pai'ty making the endOl'sement, and the Bank is authorized to supply any endorsenient on aiiy
instrument tendered for deposit 01' collection; and
5. Further Resolved, that a duly authorized member/manager of this Company shall certify to the Ban names aiid signatures of pei'sons
authorized to act on behalf of this Company under the foregoing resolutions and shall from time to time hereafr, as changes in the identity of said
members, manager, and employees ai'e made, immediately report, fun1sh and certify such chaiiges to the Bank aiid shall submit to.the Bank a new
account sigliatiue card reflecting such change(s) ll order to make such changes effectve aiid the Ban shall be fuly protected in i'elying on such
certifcations and shall be indemnified aiid saved harmless from any claims, demands, expenses, losses, 01' dainages resulthig from, or gl'owing out of,
honoring the signature of any member, manager, or employee so certified, 01' refusing to honor any signature not so certified; and
6. Further 'Resolved, that the foregoing resolutions shall remain in ful force and effect and the authority herein given to all of said persons shall
. remain h'revocable as fai- as the Bank is conceried until tlu'ee (3) business days afer the Bank is notifed in writing of the revocation of such authority
and that receipt of such notice shall not affect any action taken by the Baiik prior thereto; and
. .
7. Further Resolved, that all transactions by aiiy member, manager, or employee of tls Co~pany on its behalf and in its name witli the Banprr
to the delivery to the Ban of a certified copy of
the foregoing resolutions are, in all respects, hereby l'atifed, confirmed, approved and adopted; and
8. Further .Resolved, that any member/manager be and hereby is, authorized aiid directed to certif these resolutions to the Bank aiid that the
provisions h'.reof are in conforniity with the Ai-tides of Organization and Operating Agieement oftliis Company, .
In Witness Where f and intending to bind the Con'!any, i have hereunto subscribed my name as a member/manager oHhis Compaiiy, this
-I day
of , 7b. .
c.--
~-~ j)',,?c'~
Member/Manager
qank Information
late 04125/2006
TELEPHONE BANKING ADMIN
ROBERT FEAMSTER
Banking CEHlter Name
Associate's Name
Associate's Phone Number
800'360-5080
Case 1:13-cv-00536-RBW Document 11-4 Filed 07/12/13 Page 4 of 4
C.. No. 1:13-cv-00536-TFH
EXHIBIT E TO COUNTERCLAIM
Case 1:13-cv-00536-RBW Document 11-5 Filed 07/12/13 Page 1 of 5
but
every
In
a
m
memora
ROB ELWOOD
FOUNDER & CEO
BRENDAN SULLIVAN
FOUNDER & PRESIDENT
ABOUT HEADFIRST
As Washington, DC natives and childhood friends, we started Headfirst in 1996 with
the vision of providing top-notch sports and summer day camp programs for kids in
the Washington, DC area. Years later, Headfirst's award-winning camps have earned
the reputation as the best summer camps in DC, Bethesda and McLean, making a
difference in the lives of thousands of young campers while providing them with
exceptional summer experiences they wil remember for a lifetime.
How did Headfirst Camps become the #1 summer camps in the DC area? We have
first-rate facilties at the area's top schools. Our experienced staff and excellent
camper-to-counselor ratio (6:1 for younger campers and 7:1 for older campers)
allows our campers to benefit from individual and small group learning, whether
they are doing an art project, a science experiment, learning to swim or perfecting
their athletic skills. Our emphasis on effort over results allows campers to discover,
make friends, learn and have fun in a positive environment.
Headfirst Camps offers more than a typical camp experience. Our traditions and
approach to teaching create a lasting impact on our campers' personal growth and
overall development - one that lasts well beyond their Headfirst Camp experience.
In particular, our daily all-camp morning and dismissal meetings are a Headfirst
trademark, creating an atmosphere of leadership, positive energy, team spirit and
an endless amount of fun and inspiration.
We founded Headfirst with the idea that every camper, player, counselor, coach
and family attending Headfirst would take away the lessons and experiences of
maximizing effort, leading, learning, building self-confidence and most of all
having fun. We look forward to seeing you at camp!
Play Smart, Have Fun!
&-
Accredited members of the ACA (American Camp Associationil)
PS - Please visit our website at ww.headfirstcamps.com for more information
on our experienced staff, impressive facilties and camp philosophy.
Case 1:13-cv-00536-RBW Document 11-5 Filed 07/12/13 Page 2 of 5
..-". 'Ern'"
"4
,A"/""'-'\'."'""W"""~"
"
.
~~"R,,%~,,"0~-i&WMM'.:i'8';~'ol'l~S~'1YfM'My,W:i'UWW0-'rt
Case 1:13-cv-00536-RBW Document 11-5 Filed 07/12/13 Page 3 of 5
1'-'-
.
'rzre
Wfit' "1:
II
OUA ,1,.,0:1
THIE
n.
i'S!6*~~we.w~tW*,K'\W%t."%o/\(-%Wk;'\;~1'0i.TW'!n*'m~A:'i;
Case 1:13-cv-00536-RBW Document 11-5 Filed 07/12/13 Page 4 of 5
..-." 'E..F7~P' ..mm.
J,.Y~f.;'%'ii;'i(,R;iiF-m'!;W!Xik,""l;'i"ifK'jN;tiZi0'f,,~'t'lW'P'!yg0ffE'%"Ydf!!!i'z/;,'j",-\
"4
Case 1:13-cv-00536-RBW Document 11-5 Filed 07/12/13 Page 5 of 5
C.A. No. 1:13-cv-00536-TFH
EXHIBIT F TO COUNTERCLAIM
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 1 of 7
515113 atlas innovators Mail f Brendan Csemergency
\ _~~I U~J ~~~~ ~n ~. .~
www.playheadfirst.com
Play Smart Get Dirty
-MB_8CA51 B8F48E340A_934_530B_fV-M29.sysops.aol.com
-MB_8CA51 B8F48E340A_934_530B_fV-M29.sysops.aoi.com
-MB_8CA51 B8F48E340A_934_530B_fV-M29.sysops.aoi.com-
Content-type: multpartalternative;
boundary''B_3439018766_5871785"
:; This message is in MIME format. Since your mail reader does not understand
this format. some or all of this message may not be legible.
-B_3439018766_5871785
Content.type: textplain;
charset='\5-ASCII.
Content-transfer-encodlng: 7bit
johnglsme:
viola
johnglsme:
voila even
johngisme:
so where are you?
MOXIEDOGGY: vietnam
johngisme:
wow. wish I was there myself
MOXIEDOGGY: dvds are 40 cents here
MOXIEDOGGY: se asia rocks
johngisme:
i dont have a ton of time right now so here Is the basic deal
MOXIEDOGGY: ok, shoot, thanks
johngisme:
and of course i trst that this Is in total confidence
MOXIEDOGGY: 100%
johngisme:
so i'm at bedrock's new grand opening of the rocket bar expansion
MOXIEDOGGY: y
johngisme:
its all winding up and I sit down for one for the road
johngisme:
ended up sittng next to two guys talking business stuff so i immediately
tuned itin
MOXIEDOGGY: hah
johnglsme:
happens that they dont recognize me but i noticed who it was right away
johnglsme:
luck forme a tv was right in front of them so i could watch the game and
have perfct ear shot of their convo
MOXIEDOGGY: ok
johnglsme:
basic gist was itat It was a total bitch fest from both of them startng
with brenden
johngisme:
brendan
johnglsme:
the following are paraphrased quotes
MOXIEDOGGY: got it
johngisme:
rob sent me some long ass document on how to run my business
johngisme:
its bullshit
johngisme:
he's all galavanting around the world gettng his rocks off and tring to
tell me how to run the company
hii/mail.google.eomlilull?ui=2&ik=7332b90z&view=pi&areh=inbox&tI= 13en6544c6192e
2/151
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 2 of 7
515113
johngisme:
its this is right and that is wrong and blahbalbhal
johngisme:
he loses his right to say shit when he's gone for so long
MOXIEDOGGY: uh huh
johngisme:
then mark chimes In wIth well maybe he's not the right parter for you
johngisme:
(this is mark now)
MOXIEDOGGY: ok
johngisme:
i've got the same problem with curt
johngisme:
fucking curt if he died tomorrow bedrock would live on
MOXIEDOGGY: oh god
johngisme:
but ME i RUN THE SHOW
johngisme:
bedrock is nothing without me
MOXIEDOGGY: oh my
johngisme:
and then back to Brendan bitch bitch bitch
MOXIEDOGGY: Geoofwould agrree with that.NOT
johngisme:
back and fort back and forth
johngisme:
(right?)
johnglsme:
and mark says yeah geoff is out there floating In his-own litte world
blahbalh
MOXIEDOGGY: meanwhile. Mark supposedly has not been in offce for almost a
year now
johnglsme:
they keep talking back and fort about how they hate parters and business
is hard with people you know and on and on. mark even suggesting that
brendan and you part ways
MOXIEDOGGY: I am close with Dawson as you already know
johngisme:
I know
MOXIEDOGGY: what?
johngisme:
i havent told GO anyting yet
MOXIEDOGGY: I hear ya on the GO front
johngisme:
yeah 'maybe rob Isnt the right guy for you'
MOXIEDOGGY: was Hammy drunk? Was sully agreeing?
johngisme:
i couldnt tell which one of you two wanted to grow or stay the same but
brendan didnt agree
johngisme:
they were perfcty cogent
johngisme:
they were all in agreement and then they decided to continue the
conversation by leaving there and going to dinner
johngisme:
but this was 20 minutes of bullshit back and fort
johngisme:
two inches from my ear
MOXIEDOGGY: they. while I was gone, wanted to add an employee for 100k
without talking to me..so i wrote an email asking everyone to hold their
horss a bit
MOXIEDOGGY: sounds fun
MOXIEDOGGY: they meaning Brendan
johngisme:
ah ha
MOXIEDOGGY: you add 1 OOk employees everyday at 3 dg right? without talking
to your wife an bout it
johngisme:
thats where the you're off "gettng his dick sucked in thailand" and can't
be a part of the declon making process anymore
johngisme:
yeah no doubt.
MOXIEDOGGY: fun
alias innovalors Mail- Brendan Csemergeney
htt:llmail.google.eomlmaiJ/ulOl?ui=2&ik=7332b90642&view=pt&eareh:inbox&tI= 13en6544c6192e
31151
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 3 of 7
515113 atlas innovators Mail. Brendan Csemcrgency
johngisme:
at anytime i could have turned my head and said hey guys. you're both
dients of mine hows it going!
MOXIEDOGGY: that would have been great!
MOXIEDOGGY: was he talking smak about GO as well?
johnglsme:
what bothered me was that i knew how loyal you were in your planning ofthe
naylor court dissolution to brendan
johngisme:
shit he dldnt even know about and you coulda swung it 50 diffrent ways
MOXIEDOGGY: no crap..and sully (i don;t care nor complain about it) doesn;t
and didn't do crap..nortakes the time to learn aboutanyling was doign..1
apprecaite you seeing Itat John
johngisme:
well It was clear
MOXIEDOGGY: thanks
johngisme:
i hate to get in the middle of shit like this but
MOXIEOOGGY: irs good to heaer from somene
MOXIEDOGGY: i hear ya...thank you
johngisme:
1) I know that of both groups, you and geoff are our 'real' clients
MOXiEDOGGY: 100% between you and me
johnglsme:
2) i'd want to know this shit in hearteat
MOXIEOOGGY: you will..trst me..if I ever hear it.small world in DC...as
we know
johngisme:
fucking hell
MOXIEDOGGY: i guess Mark and Brendan forgot
johngisme:
and how DUMB can they be??? they are at a private part that they invited
all the people to who should DUH all know each other?
MOXiEDOGGY: Well, thank you. irs funny, brendan and i talked the other
day
and there was a lot of agression in his voice
johnglsme:
yeah. j'm sure mark egged him on. and everyone knows that mark is the most
reasonable guy In the world 101
MOXIEDOGGY: i just listened to him bitch and simply told him that adding a
100k possible employee (who actally is oone of his very dose fredns..like
that part huh), was a decision to ease into
johngisme:
heh
MOXIEDOGGY: yeah, J have nothing personal against Mark...but most people
think he is a lotal DICK
johnglsme:
j'm sure he Is not happy about rollng into 'busy' season without you there
at this point
johnglsme:
everyone hates him
MOXIEDOGGY: I hear ya...but we did talk about all this when I was gone..and
Sully has also been known to tr to WAY to much and then feel overwhelmed
johngisme:
when of my good frends and dients was in on velocity grilL. you remember
that dont you (and this guy didnt say that he hates mark just tha !people
dont like him)
MOXIEDOGGY: ha...glad to hear that Mark is loved
MOXIEDOGGY: OH my..Velocity Gril !I You now I worked there right? from the
opening..! was a learning on the job manager..that was problem #1 with that
place..that place was a disas!
johngisme:
yes knew
MOXIEDOGGY: figured
MOXIEOOGGY: I felt so bad for the people involved on the $$ front on that
johngisme:
7 doors among a milion other problems
MOXIEDOGGY: anyway...
johngisme:
anyway is right. point is your dirt laundry is out in public and perhaps
people are plottng
MOXIEDOGGY: well, thanks John..1 appreciate it...not an easy topic..but in
any case, thanks for sharing the info..
johngisme:
htts:l/mail.google .comlmaiUuIl?ui=2&i=7332b9062&view=pt&areh=inbox&tI= 13en6544c6192e
4/151
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 4 of 7
515/13
nope
johngisme:
not a problem
MOXIEDOGGY: thanks...wife and kids good on your end?
MOXIEDOGGY: gettng warm in DC anytme soon?
johngisme:
yeah man Its all good. high 40's today
johngisme:
i can feel it coming
MOXIEDOGGY: cooL.spring is great!
MOXIEDOGGY: thanks for taking the time to chat.
johngisme:
no kidding, best time of the year here. ok i gott jet. when are you back?
MOXIEDOGGY: I really appreciate it.
MOXIEDOGGY: I retum end of April
johngisme:
cool
johngisme:
safe travels i
MOXIEDOGGY: thanks..we;1I catch a coffe this late spring..Iook forward to
it!
johngisme:
no doubt
MOXIEDOGGY: I am also, upon retuming going to tell new owner of Naylor
about the great plans etc...who knows if they will ever want to build in
future right?
johngisme:
you closed on that for real huh?
MOXIEDOGGY: yeah....we did
johngisme:
amazing
MOXIEDOGGY: crazy
johngisme:
lucky you
MOXIEDOGGY: yes and no...
johngisme:
yes both
MOXIEDOGGY: still no offce space :(
johngisme:
but shockingly so
johngisme:
heyheyl
johngisme:
i gotan idea
MOXIEDOGGY: but nice to have a litte cash for a rainy day now
johngisme:
how much sqft you really need?
MOXIEDOGGY: what?
MOXIEDOGGY: we prob need about 3500 to 4500
MOXIEDOGGY: ideas?
johnglsme:
phew thats a lot
johngisme:
i can prob deliver you about 2800
MOXIEDOGGY: wel.how much do you have in your offce?
MOXIEDOGGY: where Is It?
johngisme:
i'm developing a building in columbia heights
MOXIEDOGGY: we just dont want to grow out of It as we quickly grew out of
ours in 1 year
johngisme:
ils going to be above a new restuarant and bar
johngisme:
corner of 11 th and park
MOXIEDOGGY: nice...what a great area
johnglsme:
its 2800 sqft on the 2nd floor
johngisme:
sounds too small though.
MOXIEDOGGY: when we first looked last year for new space, we thought that
anyhling lower than 3500 was pushing it...sorry to ask again, but how big
is your current spot
johngisme:
hlts:llmail.google .com!mailulOl?ui=2&k=7332b9062&view=pt&areh=inbox&tI= l3en6544c6192e
atlas innovators Mail - Brendan Csemcrgcncy
5/151
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 5 of 7
515113 atlas innovators Mail - Brendan Csemergeney
i'll keep my eyes out for something. this is my Iitte nitch, developing
buildings in advance of users
johngisme:
oh our current spot is 2800-2900
MOXIEDOGGY: i like it.you sound like you are GREAT at it
MOXIEDOGGY: ok, please be on look out...much appreciated.
MOXIEDOGGY: thanks again for the scoop
johngisme:
i ti. if you need 4500 sqft, i'll lind it for you. funky, off the beaten
path, not corporate etc.
johngisme:
enjoy your Irip holmes
MOXIEDOGGY: cool....keep me posted...unless we are going to own..1 think we
prefer something close to NWand beth. md area, but let me know if anyting
pops up..thanks...be well John. hi to Georgettel
johngisme:
seeya
Rob
Supercharge your AIM. Get the AIM toolbar
c:htt://download.aim.comlclientlaimtoolbar?NCID:;aolcmp00300000002586:; for
your browser.
-6_3439018766_5871785
Content-type: texttml;
charsel="US.ASC II"
Content-transfer-encoding: quoted-printable
c:html:;
c:head:;
c:meta http-equiv=3D"Content.Type" contenI=3D''texttml; charset=3Dutf-8":;
c:/head:;
c:body:;
c:div class:3D'1mBlock":;c:font color-3D''#0000fl':c:spa n class=3D''buddylmN ame":;c:slron=
g:;johngismec:/strong:;c:/span:;c:span class=3D"buddylmName im1meStamp":;c:font size=3D=
"1":;:
c:/fnt:c:span:.c:/fnpc:span class=30"userlm":;
c:div:;c:span style=3D"FONT-SIZE: 0.gem; COLOR: #000000; FONT-FAMILY: 'Anal"':;c:=
font size=3D"2":viola-clfnpc:span:;-c/div:;
c:span:;-c/div:;
-cdiv class:3D"mBlock":;-cfont color-3D''#0000fl':-cspan class=3D''buddylmN ame":;c:slron=
g:;johngismec:/stTong:;-c/span:;c:span c1ass=3D''buddylmName im1meStamp":;c:font size:;3D=
"1 ":;:
c:np-c/span:.-clfnpc:span class=3D"userlm":.
-cdlv:c:span style=3D"FONT.SIZE: 0.gem; COLOR: #000000; FONT-FAMILY: 'Arial"':;c:=
font size=3D"2":volla even-c/font:;-c/span:;c:fdlv:;
-c/span:;c:/dlv:;
-cdiv class=3D"im6Iock":;-cfont color-3D"#0000ff':;c:span class=3D''buddylmName'':;c:stron=
g:;johnglsme-cfstTong:.-c/span:;c:span class=3D''buddylmName im1imeStamp'':-cfont size=3D=
"1":;:
c:nt:c:fspan:;c:/fnt:-cspan class=3D"userlm":;
c:div:c:span style=3D"FONT.SIZE: 0.gem; COLOR: #000000; FONT-FAMILY: 'Arial"':-c=
font size=3D''2":so where are you ?c:lfnpc:fspan:;c:/div:
c:fspan:;-c/div:;
c:div class=3D'1mBlock":;c:font color-3D"#1I000":;c:span class=3D"userlmName":;-cstrong=
:;MOXIEDOGGY-c/slrong:;-c/span:;c:span class=3D"userlmName Im1imeStamp":;40nt size=3D"=
1 ''::
c:/fnt:;c:fspan:;-clfnt:;c:span class=3D"userlm":.vietnam-cfspan:;c:/dlv:;
c:div class=3D"imBlock"Hfont color-3D''#0000ff':;c:span c1ass=3D"buddylmName":;c:stron=
g:;johngisme-cfstrong:;-cfspan:;-cspan class=3D"buddylmName im1imeStamp'':40nt size=3D=
"1 "::
c:/fnt:-c/span:;-clfnp-cspan class"'3D"userlm":;
-cdivHspan style=3D"FONT.SIZE: 0.gem; COLOR: #000000; FONT.FAMIL Y: 'Anal''':;-c=
fontsize::3D"2":wow. wlsh j was there myself-c/fnt:;c:span:;c:/div:;
c:span:;c:/div;.
c:div class:3D'1mBlock":;.:font color-3D''#000'':c:span c1ass=3D"usertmName":;.:strong=
;.MOXIEDOGGY.:/strong:;-c/span:;.:span class=3D"userlmName Im1imeStamp":;-cfont size=3D"=
1 "::
c:!fnl:;":i;oan:;c:/fnl:.:ilOiin c1ass=3D"usarlm":;dvds are 40 ('.Ant! here -cma src:=3D"=
htts:l/mail.google .comlmaiVuIl?ui=2&ik=7332b9062&view=pt&areh=inbox&tI= 13e n6544c6 192c
61151
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 6 of 7
515/13 atlas innovators Mail. Brendan Csemergeney
-:hr style=3D"MARGIN- TOP: 1 Opx":;
Supercharge your AIM. Get the -:a title=3D"htt://download.aim.com/clienVaimt=
oolbar?NC ID=3Daolcmp00300000002586" hrer-3D"htt J/down load .aim.com/clie nVa imto=
olbar?NCID=3Daolcmp00300000002586" target=3D"_ blank":;
AIM toolbar-:/a:; for your browser..:/fnt:; -:/div:;
-:/body:;
-:/html:;
-B_3439018766_5871785------MB_8CA430E71 ED30C3_A84_3B2D_ Webmail-mg 16.sim.aol,com
--MB_8CA430E71 ED30C3_A84..3B2D _ Webmail-mg 16.sim.aol.com
---M8..8CA430E71 ED30C3_A84_382E_ Webmail-mg 16.sim.aol.com
--MB_8CA430E71 ED30C3..A84_3B2E_ Webmail-mg 16.sim.aol.com
Content-ID: -:image001.gl~01 C8731 D.F6F6E2CO:;
-MB_8CA430E71 ED30C3_A84..3B2E..Webmail-mg 16.sim.aol.com-
---B..8CA430E71 ED30C3..A84_3B2D _Webmaif-mg 16.sim.aol.com-
Content-type: multipartmixed;
boundary"B_3439018766..5871575"
:; This message is in MIME format. Since your mail reader does not understand
this format some or all of this message may not be legible.
-8_3439018766_5871575
Content-tye: multipartalternative;
boundary"B_3439018766_5912743"
-B_3439018766_5912743
Content-tye: textplain;
charst="IS0-S59-1"
Content-transfer-encoding: quoted-printable
Hey buddy-
Hope you are well in BraziL.
Thanks for this email. No doubt that Bram is the right person on the
bus-and I have actally been thinking a TON about this.
BUT. I must admit I have about 100 questions regarding this-as i am sure
you expected. They are very good questions and they are questions that you
and I (not Bob and Steve) need to answer first. They are questions about ou=
r
future and the future of the business as it relates to us directy. Then
there are the questions I have for you 80b and Steve (and for myself as wel=
I
to toss around and listen to everyone's thoughts). Then there are also the
questions of what our finances look like. Vlen you said Bram needs 100k to
come on board-that seemed like way too much for us (as a company). i
thought he was going to be looked at as coming on board for about 60k or so
(or least underr Cronker-to keep things fair). i am not really seeing how
Bram wil double his salary for us each and every year (not Just Bram, but
anyone at this point) with that high of a salary. But i am open-minded for
sure to what you and Bob and Steve think how this wil happen.
Anyway. you have spent a considerable amount of time on this-which I
appreciate. And I am hoping that we can work something out for sure. But
please respect a few things:
1) We need to discuss the things i mention above (perhaps best aftr you
send me the document you mentioned you would send-post meeting with Steve
and Bob on his exact job descrption/salary/bonus strcture etc.
2) Understand that we need to get an offce in our sites prior to adding
another employee. In all fairness to everyone at the offce, any new
employee. the neighborhood, etc.l do not see how we can do this until earl=
y
htls:llmail.google .comlmaillu/Ol?ui=2&ik= 7332b9062&view=pt&earch=:inbox&tI= 13e n6544c6192c
20/151
Case 1:13-cv-00536-RBW Document 11-6 Filed 07/12/13 Page 7 of 7
C.. No. 1:13-cv-00536-TFH
EXHIBIT G TO COUNTERCLAIM
Case 1:13-cv-00536-RBW Document 11-7 Filed 07/12/13 Page 1 of 2
sure about the pricing for disabilty, but would think it is not cost prohibitive
to buy it.
Take a look and let me know what you think. This is a draft / working document.
Trying to edge towards something that we're all comfortable with
-B
Brendan Sullivan
---------- Forwarded message ----------
From: Brendan Sullvan oebrendan.sullivan8(gmail.com~
Date: Thu, Mar 8, 2012 at 1 :30 PM
Subject: Re: another refi...
To: Rob Elwood oemoxiedoggy(gmail.com~
Paper trail confirmed. No problem, thx for the heads up.
Brendan
Sent from my iPhone
On Mar 8,2012, at 11 :27 AM, Rob Elwood oemoxiedoggYCigmail.com~ wrote:
Sully-
As I usually do when I go for a refi, I just wanted to share on record that I am
going to loan myself about 200k for a 2 month period or so until my refi goes thru.
Cash flow for these next few months are completely fine and i wil put the funds
back in as soon as the re-fi goes thru...Unless you have a problem, i will do this
later this week. Please confirm you are ok with this. Again- same as i have done
in past and i always write up a short loan agreement and file with Peter so there
is a paper traiL. i just like to go on record with you so there are no questions.
Rob
Rob Elwood
Chief Executive Offcer
Headfirst Camps
202.625.1921 ext .103
headfirstcamps.com
Case 1:13-cv-00536-RBW Document 11-7 Filed 07/12/13 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
DISTRICT OF COLUMBIA
HEADFRST BASEBALL LLC, et al.
1:13-cv-00536-TFH
ELWOOD, et al.
HEADFRST PROFESSONAL SPORTS CAMPS LLC
c/o CT CORPORATON SYSTEM, Registered Agent
1015 15th STREET, N.W.
SUTE 1000
WASHNGTON, DC 20005
MOXLA A. UPADHYAYA, Esq.
VENABLE LLP
575 7th STREET, N.W.
WASHNGTON, DC 20004
07/12/2013
Case 1:13-cv-00536-RBW Document 11-8 Filed 07/12/13 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(Thissectionshouldnot befiledwiththecourt unlessrequiredbyFed. R. Civ. P. 4(l))
This summons for (name of individual and title, if any)
was received by me on (date) .
I personally served the summons on the individual at (place)
on (date) ; or
I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
I returned the summons unexecuted because ; or
Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
1:13-cv-00536-TFH
0.00
Case 1:13-cv-00536-RBW Document 11-8 Filed 07/12/13 Page 2 of 2