155-3 - Notice of Subpoena

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David S. Gingras, #021097
"#$%&'(!)'*!+,,#-./!0))1!
3941 E. Chandler Blvd., #106-243
Phoenix, AZ 85048
Tel.: (480) 668-3623
Fax: (480) 248-3196
DavidGingrasLaw.com

Attorney Ior PlaintiII/CounterdeIendant
Xcentric Ventures, LLC
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234567!859568!7485:415!1+2:5!
7485:415!+;!9:4<+39!

Xcentric Ventures, LLC, an Arizona
limited liability company,

PlaintiII,

v.

Lisa Jean Borodkin, !"#$%.,

DeIendants.

Raymond Mobrez,

Counterclaimant,

v.

Xcentric Ventures, LLC, and
Edward Magedson,

CounterdeIendants.
Case No.: 11-CV-1426-GMS
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82>0+639!937!
3+5416!+;!760+8454+3!

Pursuant to Fed. R. Civ. P. 45(b)(1), PlaintiII/CounterdeIendant XCENTRIC
VENTURES, LLC ('PlaintiII or 'Xcentric) gives notice oI intent to serve the subpoena
attached hereto as Exhibit A.

Case 2:11-cv-01426-GMS Document 155-3 Filed 11/29/12 Page 1 of 14

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In addition, Xcentric gives notice that pursuant to Fed. R. Civ. P. 30(a), the
deposition oI Lisa J. Borodkin will be taken at the Iollowing date, time and place:
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7956? December 3, 2012
54@6? 12:00 PM
0)916? 355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
Tel.: (213) 943-1300
Pursuant to Fed. R. Civ. P. 30(b)(3)(A), the deposition shall be recorded by
stenographic and by audiovisual means.
DATED November 19, 2012.
! "43":98!)9A!+;;416/!0))1!
/S/ David S. Gingras
David S. Gingras
Attorney Ior PlaintiII/CounterdeIendant
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CERTIFICATE OF SERVICE
I hereby certify that on November 19, 2012 I mailed a copy of the foregoing to:
Raymond Mobrez
Iliana Llaneras
PO BOX 3663
Santa Monica, CA 90408
Defendants Pro Se
/s/David S. Gingras
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CERTIFICATE OF SERVICE
I hereby certify that on November 19, 2012 I mailed a copy of the foregoing to:
Raymond Mobrez
Iliana Llaneras
PO BOX 3663
Santa Monica, CA 90408
Defendants Pro Se
/s/David S. Gingras
AO 88A (Rev. 06/09) Subpoena to TestiIy at a Deposition in a Civil Action
UNITED STATES DISTRICT COURT
Ior the
District oI
)
)
)
)
)
)
Plaintiff
v. Civil Action No.
(II the action is pending in another district, state where:
Defendant District oI !!!!!!!!!!!!!!!!!)
SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To:
u Testimonv. YOU ARE COMMANDED to appear at the time, date, and place set Iorth below to testiIy at a
deposition to be taken in this civil action. II you are an organization that is not a party in this case, you must designate
one or more oIIicers, directors, or managing agents, or designate other persons who consent to testiIy on your behalI
about the Iollowing matters, or those set Iorth in an attachment:
Place: Date and Time:
The deposition will be recorded by this method:
u Production. You, or your representatives, must also bring with you to the deposition the Iollowing documents,
electronically stored inIormation, or objects, and permit their inspection, copying, testing, or sampling oI the
material:
The provisions oI Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences oI not doing so, are
attached.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputv Clerk Attornevs signature
The name, address, e-mail, and telephone number oI the attorney representing (name of partv)
, who issues or requests this subpoena, are:
Central District oI CaliIornia
11-cv-1426
Lisa Borodkin, et al.
District oI Arizona
Lisa Borodkin, c/o Zuber Lawler & Del Duca
777 S Figueroa St 37th Floor, Los Angeles, CA 90017
355 S. Grand Avenue, Suite 2450

Los Angeles, CA 90071
12/03/2012 12:00 pm
Stenographer and video/audio.
See Schedule A.
11/19/2012
/S/ David S. Gingras
Plaintiff Xcentric Ventures, LLC
David S. Gingras, Esq.; Gingras Law Office, PLLC
3961 E Chandler Blvd., #111-243
Phoenix, AZ 85048; (480) 668-3623
AO 88A (Rev. 06/09) Subpoena to TestiIy at a Deposition in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
!"#$%&%'()$*+&%#*,-.&+*)&/'&0$-'.&1$)#&)#'&(*,2)&,+-'%%&2'3,$2'.&/4&5'.6&76&8$96&:6&;<6=
This subpoena Ior (name of individual and title, if anv)
was received by me on (date) .
u I served the subpoena by delivering a copy to the named individual as Iollows:
on (date) ; or
u I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalI oI the United States, or one oI its oIIicers or agents, I have also
tendered to the witness Iees Ior one day`s attendance, and the mileage allowed by law, in the amount oI
$ .
My Iees are $ Ior travel and $ Ior services, Ior a total oI $ .
I declare under penalty oI perjury that this inIormation is true.
Date:
Servers signature
Printed name and title
Servers address
Additional inIormation regarding attempted service, etc:
0.00
11-cv-1426
AO 88A (Rev. 06/09) Subpoena to TestiIy at a Deposition in a Civil Action (Page 3)
Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena.
(1) >9*$.$+?&@+.,'&A,2.'+&*2&BCD'+%'E&FG+()$*+%6 A party or
attorney responsible Ior issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enIorce this
duty and impose an appropriate sanction which may include lost
earnings and reasonable attorney`s Iees on a party or attorney
who Iails to comply.
(2) 8*HHG+.&)*&:2*.,('&IG)'2$G-%&*2&:'2H$)&J+%D'()$*+6
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored inIormation, or tangible things, or
to permit the inspection oI premises, need not appear in person at the
place oI production or inspection unless also commanded to appear
Ior a deposition, hearing, or trial.
(B) Obfections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all oI the materials or
to inspecting the premises or to producing electronically stored
inIormation in the Iorm or Iorms requested. The objection must be
served beIore the earlier oI the time speciIied Ior compliance or 14
days aIter the subpoena is served. II an objection is made, the
Iollowing rules apply:
(i) At any time, on notice to the commanded person, the serving
party may move the issuing court Ior an order compelling production
or inspection.
(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party`s
oIIicer Irom signiIicant expense resulting Irom compliance.
(3) K,G%#$+?&*2&I*.$04$+?&G&F,/D*'+G6
(A) When Required. On timely motion, the issuing court must
quash or modiIy a subpoena that:
(i) Iails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party`s oIIicer
to travel more than 100 miles Irom where that person resides, is
employed, or regularly transacts business in person except that,
subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling Irom any such place within the state where
the trial is held;
(iii) requires disclosure oI privileged or other protected matter, iI
no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or aIIected by
a subpoena, the issuing court may, on motion, quash or modiIy the
subpoena iI it requires:
(i) disclosing a trade secret or other conIidential research,
development, or commercial inIormation;
(ii) disclosing an unretained expert`s opinion or inIormation that
does not describe speciIic occurrences in dispute and results Irom
the expert`s study that was not requested by a party; or
(iii) a person who is neither a party nor a party`s oIIicer to incur
substantial expense to travel more than 100 miles to attend trial.
(C) Specifving Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)(B), the court may, instead oI quashing or
modiIying a subpoena, order appearance or production under
speciIied conditions iI the serving party:
(i) shows a substantial need Ior the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably
compensated.
(d) Duties in Responding to a Subpoena.
(1) :2*.,($+?&L*(,H'+)%&*2&B-'()2*+$(G--4&F)*2'.&J+0*2HG)$*+6
These procedures apply to producing documents or electronically
stored inIormation:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course oI business or must organize and label them to correspond to
the categories in the demand.
(B) Form for Producing Electronicallv Stored Information Not
Specified. II a subpoena does not speciIy a Iorm Ior producing
electronically stored inIormation, the person responding must
produce it in a Iorm or Iorms in which it is ordinarily maintained or
in a reasonably usable Iorm or Iorms.
(C) Electronicallv Stored Information Produced in Onlv One
Form. The person responding need not produce the same
electronically stored inIormation in more than one Iorm.
(D) Inaccessible Electronicallv Stored Information. The person
responding need not provide discovery oI electronically stored
inIormation Irom sources that the person identiIies as not reasonably
accessible because oI undue burden or cost. On motion to compel
discovery or Ior a protective order, the person responding must show
that the inIormation is not reasonably accessible because oI undue
burden or cost. II that showing is made, the court may nonetheless
order discovery Irom such sources iI the requesting party shows
good cause, considering the limitations oI Rule 26(b)(2)(C). The
court may speciIy conditions Ior the discovery.
(2) 8-G$H$+?&:2$9$-'?'&*2&:2*)'()$*+6
(A) Information Withheld. A person withholding subpoenaed
inIormation under a claim that it is privileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature oI the withheld documents,
communications, or tangible things in a manner that, without
revealing inIormation itselI privileged or protected, will enable the
parties to assess the claim.
(B) Information Produced. II inIormation produced in response to a
subpoena is subject to a claim oI privilege or oI protection as trial-
preparation material, the person making the claim may notiIy any
party that received the inIormation oI the claim and the basis Ior it.
AIter being notiIied, a party must promptly return, sequester, or
destroy the speciIied inIormation and any copies it has; must not use
or disclose the inIormation until the claim is resolved; must take
reasonable steps to retrieve the inIormation iI the party disclosed it
beIore being notiIied; and may promptly present the inIormation to
the court under seal Ior a determination oI the claim. The person
who produced the inIormation must preserve the inIormation until
the claim is resolved.
(e) Contempt. The issuing court may hold in contempt a person
who, having been served, Iails without adequate excuse to obey the
subpoena. A nonparty`s Iailure to obey must be excused iI the
subpoena purports to require the nonparty to attend or produce at a
place outside the limits oI Rule 45(c)(3)(A)(ii).
Xcentric Jentures, LLC v. Borodkin, et al.
Case No. 11-CJ-1426 (D.Ari:..)
Subpoena to Lisa Borodkin

SCHEDULE A
GENERAL INSTRUCTIONS

1. All documents requested are to be produced in the same Iile or other organizational
environment in which they are maintained. For example, a document that is part oI a Iile, docket,
or other grouping, should be physically produced together with all other documents Irom said
Iile, docket or grouping, in the same order or manner or arrangement as the original.
Alternatively, as to each document and thing produced in response hereto, you shall identiIy the
request Ior production and where applicable, the interrogatory number, in response to which the
document or thing is being produced. Where a document or thing exists in hard copy and
electronic Iormat, you shall produce both the hard and the electronic copy. Where a document
exists only in electronic Iormat, you shall produce it electronically, as it is kept in the ordinary
course oI business, including the Iile or other grouping in which it is electronically stored.

2. Each document is to be produced along with all draIts, without abbreviation or redaction.

3. All document requests herein are intended to embrace within their scope both non-
privileged documents and documents Ior which privilege is claimed. II any document covered by
this request is withheld by reason oI the claim oI privilege, work product or other ground oI non-
production, please provide a list identiIying the document in question with suIIicient speciIicity
to permit a court to determine the propriety oI the privilege asserted. As to any document with
respect to which you claim privilege, your response should state separately with respect to each
such document or tangible thing as to which you claim privilege:

a) the number oI the request calling Ior the document;
b) the names oI the authors;
c) the date oI the document;
d) the identiIication oI all persons who have possessed, read, or reviewed the
document at any time;
e) a brieI description oI the nature and subject matter oI the document; and
I) the ground Ior the claimed privilege.

4. II any otherwise responsive document or thing has been, but no longer is, in the
possession, custody or control oI YOU, each such document is to be identiIied by setting Iorth
the Iollowing inIormation to the extent known: (i) each addressor and addressee; (ii) the
addresses oI any indicated copies or blind copies; (iii) the date, subject matter, and number oI
pages oI the document; (iv) the identity oI any attachment or appendices to the document; (v) all
persons to whom the document was distributed, shown or explained; (vi) its date oI destruction
or discard, manner oI destruction or discard, and reasons Ior destruction or discard; and (vii) the
persons authorizing and carrying out such destruction or discard.

5. As to any portion oI any request which reIers to documents that YOU are aware oI which
were at one time within the possession, custody or control oI YOU but which are not now within
or subject to the possession, custody or control oI YOU, identiIy such documents in a manner
suIIicient to describe such Ior a subpoena duces tecum and give the name, telephone number and

address oI the person last known by YOU to have been in possession, custody or control oI such
documents.

6. In producing the requested documents, YOU are required to Iurnish all documents
available to it including, by way oI illustration only, and not limited to, documents in the
possession, custody or control, oI YOU or YOUR attorneys or their consultants or investigators
or in the possession oI YOUR consultants, advisors, agents or associates.

7. Each withheld document shall be given an index number Ior the simpliIication oI
identiIication. The schedule shall be suIIiciently detailed to permit PlaintiII to determine whether
to make a motion with respect thereto.

8. The obligation to provide the inIormation sought by these document requests is
continuing within the terms oI Rule 26(e) oI the Federal Rules oI Civil Procedure.

9. II YOU object that a term or phrase is ambiguous or indeIinite, then provide its
understanding oI the term or phrase and respond accordingly, as iI that term or phrase has been
so deIined.

10. II YOU are aware that a document or group oI documents responsive to these requests
once existed, but has been destroyed or discarded, YOU are directed to state when the document
or group oI documents was destroyed or discarded, why the document or group oI documents
was destroyed or discarded, the person most knowledgeable about the content oI the document(s)
and the circumstances under which the document or group oI documents was destroyed or
discarded.

11. Color copies oI documents are to be produced where color is necessary to interpret or
understand the contents.

12. II, aIter exercising reasonable diligence, YOU are unable to determine the existence oI
any documents or things Ialling within a production request, YOU are requested to so state in
any written response.

13. These requests Ior documents and things are submitted Ior purposes oI discovery only,
and nothing contained herein shall be taken as an admission oI relevance, or as a manner oI any
objections to the admissibility at trial, or oI any evidence or inIormation requested or Iurnished
in response thereto.


DEFINITIONS

As used herein, unless the context in which it appears clearly suggests otherwise, each oI the
Iollowing terms has the meaning set Iorth below:

1. The term 'YOU means the person/entity identiIied on the Iirst page oI this subpoena and
includes all oI its agents, related companies, representatives, employees, experts, investigators,
insurers, consultants, attorneys or anyone acting on behalI oI the Ioregoing.

2. The term 'communication shall mean any transmission oI inIormation oI any kind,
orally, electronically, in writing or in any other manner, at any time or place and under any
circumstances whatsoever.

3. The term 'document reIers to any written or recorded matter as described in Rule 34 oI
the Federal Rules oI Civil Procedure including, without limitation, all writings, drawings, charts,
photographs and recordings and shall include the original and every non identical copy, draIt or
reproduction in the possession, custody or control oI YOU. The deIinition also includes
inIormation stored or recorded by any electronic means, including, without limitation, in a
computer, hard drive, server compact disc, Iloppy disk, diskette, tape, record, cassette, electronic
mail or voice mail, any other electronic recording or other data compilation Irom which
inIormation can be obtained or translated, or any matters deIined in Rule 1001 oI the Federal
Rules oI Evidence. Any such document bearing on any sheet (Iront or back), margin, attachment
or enclosure thereoI, any marks, such as, without limitation, initials, stamped initials, comments,
or notations oI any character, which are not part oI the original text or reproduction thereoI, is to
be considered and produced as a separate document.

4. The phrase 'all documents means every document, as deIined herein, which is known to
you, within your possession, custody or control, or that can be located or discovered by
reasonably diligent eIIorts. II you know oI the existence, past or present, oI any documents or
things requested below, but are unable to produce such documents or things because they are not
presently in your possession, custody, or control, you shall so state and shall identiIy such
documents or things, and the person who has possession, custody or control oI the documents or
things.

5. The terms 'relating to and 'concerning shall mean directly or indirectly reIerring to,
reIlecting, describing, pertaining to, arising out oI or in connection with, or in any way legally,
logically, or Iactually connecting with the matter addressed. These terms mean, without
limitation, any reIerence or relationship that either (i) provides inIormation with respect to the
subject oI inquiry or (ii) might lead to persons who, or documents which, might possess or
contain inIormation with respect to the subject oI inquiry.


6. The terms 'record and 'reIlect mean and include 'constituting, or 'reIerring to,
'pertaining to, 'evidencing, 'describing, or 'has anything to do with and in each instance
directly or indirectly. These terms mean, without limitation, any reIerence or relationship that
either: (i) provides inIormation with respect to the subject oI inquiry or (ii) might lead to persons
who, or documents which, might possess or contain inIormation with respect to the subject oI
inquiry.

7. The terms 'all and 'each shall both be construed as all and each.

8. The connectives 'and and 'or shall be construed either disjunctively or conjunctively
as necessary to bring within the scope oI the discovery request all responses that might otherwise
be construed to be outside its scope.

9.! The use oI the singular Iorm oI any word includes the plural and vice-versa.

10.! ReIerences to 'Xcentric mean XCENTRIC VENTURES, LLC unless otherwise
speciIically stated.

11.! ReIerences to 'Magedson or 'Mr. Magedson mean EDWARD MAGEDSON.
12.! ReIerences to the 'ROR Site or the 'RipoII Report mean RIPOFFREPORT.COM
and/or BADBUSINESSBUREAU.COM.
13.! ReIerences to the 'COMPLAINT mean the COMPLAINT (and any amendments) Iiled
in this litigation.
14.! ReIerences to 'AEI mean ASIA ECONOMIC INSTITUTE, LLC.
15.! ReIerence to the 'Asia Litigation mean the action entitled Asia Economic Institute, LLC
et al. v. Xcentric Jentures, LLC, et al., U.S. District Court Ior the Central District oI CaliIornia,
Case No. 2:10-cv-01360-SVW-PJW and the related prior state court proceeding initially Iiled in
the Los Angeles County Superior Court, Case No. SC106603.

PRODUCTION REQUESTS

1.)! Produce copies oI all non-privileged documents, including but not limited to
correspondence, in YOUR possession which relate to the Asia Litigation
excluding pleadings actually Iiled with the court, deposition transcripts and
exhibits, and documents and correspondence actually provided to or received Irom
Xcentric`s counsel during the course oI the Asia Litigation.
2.)! Produce copies oI all non-privileged documents, including but not limited to
correspondence, in YOUR possession which relate to:
a.! Xcentric Ventures, LLC
b.! Edward Magedson
c.! The website www.ripoIIreport.com
d.! The webpage located at: http://www.seomoz.org/blog/the-anatomy-oI-
a-ripoII-report-lawsuit
3.)! Produce copies oI any correspondence you have sent to or received Irom any oI
the Iollowing people/entities Irom January 1, 2008 to the present which relate to
Xcentric, Edward Magedson, the RipoII Report website, or the Asia Litigation:
a.! Daniel Blackert
b.! Sarah Bird, Esq.
c.! SEOmoz
d.! John F. Brewington
e.! Shawn Richeson
I.! Darren Chaker
g.! James Rogers
h.! Kenton Hutcherson
i.! Christopher Ingle
j.! Tina Norris
k.! Jan Martin Smith

l.! Fadi Karnaby
m.! Joe Reed
n.! Melissa A. Herman
o.! David Russo
p.! Eric Goldman
q.! Michael Roberts
r.! Scott Karosa
s.! Richard Goddeau
4.)! Produce copies oI any documents which YOU allege are evidence that
RAYMOND MOBREZ, ILIANA LLANERAS, and/or ASIA ECONOMIC
INSTITUTE, LLC had probable cause to commence the Asia Litigation.
5.)! Produce copies oI any documents which YOU allege are evidence that
RAYMOND MOBREZ, ILIANA LLANERAS, and/or ASIA ECONOMIC
INSTITUTE, LLC had probable cause to continue the Asia Litigation.


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355 S. Grand Avenue, Suite 2450

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