47-1 - lisa declaration

7/29/2019 47-1 - Lisa Declaration

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Iverson, Yoakum, Papiano & Hatch633 West Fifth Street, Suite 6400

Los Angeles, CA 90071TELEPHONE: 213.624.7444

Lisa J. Borodkin (CA Bar #196412)

[email protected]

Admitted Pro Hac Vice

Quarles & Brady LLPFirm State Bar No. 00443100

Renaissance One, Two North Central Ave.

Phoenix, AZ 85004-2391TELEPHONE 602.229.5200

John S. Craiger (#021731)[email protected] E. Funkhouser III (#022449)[email protected]

Attorneys for DefendantLisa Jean Borodkin

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

XCENTRIC VENTURES, LLC, an Arizonalimited liability company,

Plaintiff,

v.

LISA JEAN BORODKIN and JOHN DOEBORODKIN, husband and wife; RAMONDMOBREZ and ILIANA LLANERAS,husband and wife; DANIEL BLACKERTSand JANE DOE BLACKERTS, husbandand wife; ASIA ECONOMIC INSTITUTE,LLC, a California limited liability company,DOES 1-10, inclusive

Defendants.

No. 2:11-CV-01426-PHX-GMS

DECLARATION OF LISA JEAN

BORODKIN IN SUPPORT OFMOTION TO DISMISS FORLACK FO PERSONALJURISDICTION AND INSUPPORT OF MOTION TODISMISS FOR IMPROPERVENUE (28 U.S.C. 1406(A)) ORIN THE ALTERNATIVE TOTRANSFER FORCONVENIENCE (28 U.S.C. 1404(A))

(Assigned to the Honorable

G. Murray Snow)

Case 2:11-cv-01426-GMS Document 47-1 Filed 12/03/11 Page 1 of 3


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I, Lisa J. Borodkin, declare,

I have first-hand, personal knowledge of the facts set forth below and, if called as a

witness, I could and would testify competently thereto.

1. I am a resident of the State of California, and am over the age of 18 years.

2. I am named individually as a defendant in this litigation.

3. I have continually resided in California since January 2008.

4. I have never resided in the State of Arizona. I have never owned real

property in Arizona. I have never employed agents or employees in Arizona. I have never

conducted any business in Arizona or solicited any business in Arizona. I have never done

any business with the Plaintiff, Xcentric Ventures, LLC (Xcentric). I have never

registered for the Plaintiffs website, ripoffreport.com. I have no contracts with Plaintiff or

with any Arizona companies. Aside from mypro hac vice admission in this Action, I have

never practiced law in Arizona.

5. I was co-counsel for the plaintiffs for a portion of the underlying litigation

in the Central District of California, Asia Economic Institute LLC et al. v. Xcentric

Ventures LLC et al., C.D.Cal. No. 2:10-cv-01360-SVW-PJW (the California Action).

6. As the defendants Xcentric Ventures LLC (Xcentric) and Ed Magedson

(Magedson) wished to have their depositions taken at an undisclosed location in

Arizona, my co-counsel, Daniel F. Blackert and I traveled to Arizona on June 2, 2010 to

take the deposition of Magedson as the Rule 30(b)(6) designee of Xcentric.

7. On June 8, 2010, Blackert and I also traveled to Arizona to take the

deposition of Magedson as an individual.

8. On July 20, 2010, Blackert, Defendant Raymond Mobrez and I traveled to

Arizona to continue the deposition of Magedson. However, that deposition did not go

forward. During that time, my co-counsel and I met and conferred with opposing counsel

pursuant to Central District of California Local Civil Rule 7-3 for a motion for

reconsideration. On that date, the Plaintiffs in the California Action also made Mobrez



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available for deposition, under oath, at Mobrezs expense, to answer any questions

regarding the circumstances of Mobrezs and Llaneras corrected declarations . Xcentrics

counsel declined the offer. On that date, we also engaged in informal efforts to discuss

settlement with opposing counsel.

9. No compulsory process was issued from the state or federal courts of

Arizona in connection with the California Action. No witnesses in Arizona, aside from

Party-Defendants Xcentric and Magedson, were subpoenaed or deposed in Arizona by the

Plaintiffs in the California Action.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct.

Executed this 2nd day of December, 2011, in Los Angeles, California.

/s/ Lisa J. Borodkin

Lisa J. Borodkin


47-1 - lisa declaration

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