GW Equity LLC v. Xcentric Ventures LLC et al

Plaintiff GW Equity LLC alleges that defendant Xcentric Ventures LLC, which operates the websites www.ripoffreport.com and www.badbusinessbureau.com, publishes false, misleading, disparaging and defamatory statements about plaintiff and its services. Plaintiff further alleges that defendant's websites contain discussions of intellectual property and proprietary information that belongs to plaintiff.
Plaintiff:GW Equity LLC
Defendant:Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com and Edward Magedson
 
Case Number:3:2007cv00976
Filed:June 1, 2007
 
Court:Texas Northern District Court
Office:Dallas Office [ Court Info ]
County:Dallas
Presiding Judge:Judge Ed Kinkeade
 
Nature of Suit:Torts - Injury - Assault, Libel, and Slander
Cause:18:1962 Racketeering (RICO) Act
Jurisdiction:Federal Question
Jury Demanded By:Both

Date Filed

#

Docket Text

June 1, 2007 1 Plaintiff's Original COMPLAINT for Damages and Emergency Application for Injunctive Relief against Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson filed by GW Equity LLC. (Filing fee $350; Receipt number 11910) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit A# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Civil Cover Sheet) (axm) (Entered: June 4, 2007)
June 1, 2007   DEMAND for Trial by Jury by GW Equity LLC. (contained within complaint) (axm) (Entered: June 4, 2007)
June 1, 2007   ***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (axm) (Entered: June 4, 2007)
June 1, 2007 2 Summons Issued as to Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson. (ISS-4) (axm) (Entered: June 4, 2007)
June 1, 2007 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by GW Equity LLC. (axm) (Entered: June 4, 2007)
June 4, 2007 4 Standing Order Designating Case for ECF - see order for specifics. (Signed by Judge Ed Kinkeade on 06/04/2007) (axm) (Entered: June 4, 2007)
June 6, 2007 5 ORDER: Plaintiff's 1 Application for a preliminary injunction hearing is GRANTED in part; accordingly, the Court ORDERS the parties to appear before this Court on Thursday, June 14, 2007 at 10:15 a.m. for a preliminary injunction hearing. The Court DENIES Plaintiff's application in so far as it seeks an ex parte TRO. Plaintiff shall promptly serve (1) the Original Complaint for Damages and Emergency Application Injunctive Relief and (2) this Order on Defendants and all necessary parties. See order for details. (Signed by Judge Ed Kinkeade on June 6, 2007) (jyg) (Entered: June 6, 2007)
June 11, 2007 6 MOTION for Leave to File Supplemental Brief in Support of its Application for Injunctive Relief and Submit Additional Damages Evidence by GW Equity LLC (Attachments: # 1 Exhibit A - Brief in Support of Application for Preliminary Injunction# 2 Exhibit A - Appendix in Support of Brief for Preliminary Injunction - Part 1# 3 Exhibit A - Part 2 of Appendix to Plaintiff's Brief in Support of Preliminary Injunction# 4 Exhibit A - Part 3 of Appendix to Plaintiff's Brief in Support of Preliminary Injunction# 5 Exhibit A - Part 4 of Appendix to Plaintiff's Brief in Support of Preliminary Injunction# 6 Exhibit Exhibit A - Part 5 of Appendix to Plaintiff's Brief in Support of Preliminary Injunction# 7 Exhibit A - Part 6 of Appendix to Plaintiff's Brief in Support of Preliminary Injunction# 8 Exhibit B - Supplemental Affidavit of Ryan Binkley) (Cox, John) Modified text on 6/12/2007 (axm). (Entered: June 11, 2007)
June 12, 2007 7 RESPONSE in Opposition filed by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson re 1 Complaint, (Attachments: # 1 Appendix) (Seeburger, Jeffrey) (Entered: June 12, 2007)
June 12, 2007 8 SUMMONS Returned Executed as to Xcentric Ventures LLC served on 6/11/2007, answer due 7/2/2007. (axm) (Entered: June 12, 2007)
June 12, 2007 9 Notice of Manual Filing by all defendants (Seeburger, Jeffrey) Modified on 6/13/2007 (axm). (Entered: June 12, 2007)
June 12, 2007 10 ***WRONG DOCKET EVENT USED*** Supplemental Document by GW Equity LLC Motion to Substitute Service of Process for Edward Magedson. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Cox, John) Modified on 6/13/2007 (axm). (Entered: June 12, 2007)
June 12, 2007   Plaintiff's MOTION to Substitute Service of Process for Edwards Magedson by GW Equity LLC. (see doc 10 for image) (axm) Modified on 6/13/2007 (skt). (Entered: June 13, 2007)
June 13, 2007 11 Plaintiff's Reply in Support of its Application for a Preliminary Injunction filed by GW Equity LLC (Cox, John) Modified on 6/13/2007 (npk). (Entered: June 13, 2007)
June 13, 2007 12 Appendix in Support of 11 Plaintiff's Reply in Support of its Application for a Preliminary Injunction filed by GW Equity LLC. (Attachments: # 1 Appendix Part 1# 2 Appendix Part 2# 3 Appendix Part 3# 4 Appendix Part 4# 5 Appendix Part 5) (Cox, John) Modified on 6/13/2007 (npk). Modified on 6/13/2007 (axm). (Entered: June 13, 2007)
June 13, 2007 13 MOTION to Strike Declaration of Edward Magedson by GW Equity LLC (Attachments: # 1 Exhibit A) (Cox, John) (Entered: June 13, 2007)
June 14, 2007 14 Application and Order for Admission Pro Hac Vice by Maria Crimi Speth for Xcentric Ventures LLC www.ripoffreport.com and www.badbusinessbureau.com. (Signed by Judge Ed Kinkeade on 06/14/2007) (axm) Modified text on 6/18/2007 (axm). (Entered: June 15, 2007)
June 15, 2007 15 Second MOTION for Leave to Supplement Application for Emergency Injunctive Relief and Reply in Support of Emergency Application for Injunctive Relief by with Additional Evidence GW Equity LLC. (Attachments: # 1 Exhibit Exhibit A) (Cox, John) Modified text on 6/18/2007 (axm). (Entered: June 15, 2007)
June 20, 2007 16 RESPONSE in Opposition filed by Xcentric Ventures LLC, Edward Magedson re 15 Second MOTION for Leave to File Additional Evidence to Supplement Application for Emergency Injunctive Relief and Reply in Support of Emergency Application for Injunctive Relief (Speth, Maria) (Entered: June 20, 2007)
June 20, 2007 17 Supplemental Brief in Support of 16 Response in Oppositionfiled by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson , (Attachments: # 1 Appendix) (Speth, Maria) Modified on 6/22/2007 (npk). (Entered: June 20, 2007)
June 20, 2007 18 MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures LLC, Ed Magedson (Attachments: # 1 Exhibit A# 2 Exhibit B) (Speth, Maria) Modified on 6/22/2007 (npk). (Entered: June 20, 2007)
June 21, 2007 19 Agreed MOTION to Expedite Briefing Schedule on Defendants' Motion to Dismiss for Lack of Personal Jurisdiction by GW Equity LLC, Edward Magedson, Xcentric Ventures LLC, www.badbusinessbureau.com, and www.ripoffreport.com. (Cox, John) Modified text on 6/21/2007 (axm). (Entered: June 21, 2007)
June 22, 2007 20 MOTION to Strike Hearsay Contained in the Affidavit of Ryan Binkley and Supplemental Affidavit of Ryan Binkley by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson (Speth, Maria) (Entered: June 22, 2007)
June 22, 2007 21 RESPONSE in Opposition filed by GW Equity LLC re 17 Brief/Memorandum in Support of Motion Plaintiff's Opposition to Defendants' Supplemental Brief and Evidence in Opposition to Plaintiff's Application for Preliminary Injunction (Attachments: # 1 Exhibit A# 2 Exhibit B - Part 1# 3 Exhibit Exhibit B - Part 2) (Cox, John) (Entered: June 22, 2007)
June 22, 2007 22 REPLY filed by GW Equity LLC re 15 Second MOTION for Leave to File Additional Evidence to Supplement Application for Emergency Injunctive Relief and Reply in Support of Emergency Application for Injunctive Relief (Cox, John) (Entered: June 22, 2007)
June 22, 2007 23 RESPONSE in Opposition filed by GW Equity LLC re 18 MOTION to Dismiss for Lack of Jurisdiction (Cox, John) (Entered: June 22, 2007)
June 22, 2007 24 Appendix in Support filed by GW Equity LLC re 23 Response in Opposition (Attachments: # 1 Appendix Part 2# 2 Appendix Part 3# 3 Appendix Part 4# 4 Appendix Part 5# 5 Appendix Part 6# 6 Appendix Part 7# 7 Appendix Part 8) (Cox, John) (Entered: June 22, 2007)
June 25, 2007 25 Brief/Memorandum in Support filed by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson re 17 Brief/Memorandum in Support of Motion (Speth, Maria) (Entered: June 25, 2007)
June 25, 2007 26 RESPONSE in Opposition filed by GW Equity LLC re 20 MOTION to Strike Hearsay Contained in the Affidavit of Ryan Binkley and Supplemental Affidavit of Ryan Binkley (Cox, John) (Entered: June 25, 2007)
June 27, 2007 27 ORDER denying 1 Application for Injunctive Relief; denying 6 Motion for Leave to File Supplemental Brief; denying as moot 10 Motion to Substitute Service of Process; denying as moot 13 Motion to Strike Declaration of Edward Magedson; denying 15 Second Motion for Leave to File Supplement Application for Emergency Injunctive Relief; denying as moot 20 Motion to Strike. (see order for specifics) (Signed by Judge Ed Kinkeade on 06/27/2007) (axm) (Entered: June 28, 2007)
July 24, 2007 28 Affidavit of Service for Subpoena in a Civil Case served on Time Warner Cable on 07/17/07. (lmp) (Entered: July 24, 2007)
July 27, 2007 29 Emergency MOTION to Expedite Proceedings by GW Equity LLC (Cox, John) (Entered: July 27, 2007)
July 31, 2007 30 Proof of Service for Subpoena in a Civil Case served on Comcast Corporation on 07/18/07. (lmp) (Entered: July 31, 2007)
August 3, 2007 31 Proof of Service for Subpoena in a Civil Case served on Legal Dept. AT&T Inc on 07/31/07. (lmp) (Entered: August 3, 2007)
August 6, 2007 32 Proof of Service for Subpoena in a Civil Case served on Legal Deparment at Road Runner by serving Carolyn Gold-Herrera on 07/26/07 @1:45pm. (lmp) (Entered: August 6, 2007)
August 7, 2007 33 ORDER denying 18 Defendant Xcentric Ventures LLC and Ed Magedson's Motion to Dismiss for Lack of Jurisdiction. (Signed by Judge Ed Kinkeade on 08/07/2007) (axm) Modified on 8/8/2007 (klm). (Entered: August 7, 2007)
August 13, 2007 34 RESPONSE in Opposition filed by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson re 29 Emergency MOTION to Expedite Proceedings (Speth, Maria) (Entered: 08/13/2007)
August 15, 2007 35 Proof of Service for Subpoena in a Civil Case served on Cingular Wireless on 08/09/07. (lmp) (Entered: August 15, 2007)
August 22, 2007 36 REPLY in support filed by GW Equity LLC re 29 Emergency MOTION to Expedite Proceedings. (Cox, John) Modified on 8/23/2007 (lmp) (Entered: August 22, 2007)
August 22, 2007 37 ANSWER to Complaint by Xcentric Ventures LLC, Edward Magedson (Speth, Maria) (Entered: August 22, 2007)
August 24, 2007 38 Unopposed MOTION for Leave to File To Take Immediate Discovery From Comcast Cable Communications, LLC by GW Equity LLC (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2) (Cox, John) (Entered: August 24, 2007)
August 28, 2007 39 ORDER denying 29 Plaintiff's Emergency Motion to Expedited Proceedings. (Signed by Judge Ed Kinkeade on August 28, 2007) (jyg) Modified on 8/29/2007 (klm). (Entered: August 29, 2007)
August 29, 2007 40 Order for Scheduling Order Proposal: The Joint Report shall be filed no later than 10 days from the date of the scheduling conference. See order for specifics. (Signed by Judge Ed Kinkeade on 08/29/2007) (axm) (Entered: August 30, 2007)
September 11, 2007 41 ORDER denying GW Equity's 38 Unopposed Motion for leave to Take Immediate Discovery from Comcast Cable Communications, LLC ("Comcast"). The Court DENIES the motion because Plaintiff has failed to comply with the Court's request for a written statement of Comcast's position on the discovery request from a licensed attorney authorized to speak on behalf of Comcast. (See Order for specifics) (Signed by Judge Ed Kinkeade on 9/11/07) (skt) (Entered: September 12, 2007)
October 9, 2007 42 STATUS REPORT Joint Status Report by GW Equity LLC, Xcentric Ventures LLC, Edward Magedson. (Cox, John) (Entered: October 9, 2007)
October 22, 2007 43 SCHEDULING ORDER:Amended Pleadings due by 12/3/2007. Discovery due by 5/12/2008. Joinder of Parties due by 12/3/2007. Jury Trial set on the Court's three week docket for 11/3/2008 before Judge Ed Kinkeade. Motions due by 6/2/2008. Proposed Pretrial Order due by 10/20/2008. Pretrial Materials due by 10/20/2008. (see order for specifics) (Signed by Judge Ed Kinkeade on 10/19/07) (lmp) (Entered: October 22, 2007)
November 2, 2007 44 Designation of Mediator by GW Equity LLC. (Cox, John) (Entered: November 2, 2007)
November 5, 2007 45 NOTICE by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson DEFENDANTS DESIGNATION OF MEDIATOR (Speth, Maria) (Entered: November 5, 2007)
November 5, 2007 46 ***DISREGARD - SEE DOC. 47 FOR CORRECT ENTRY*** NOTICE by Xcentric Ventures LLC, www.ripoffreport.com, www.badbusinessbureau.com, Edward Magedson DEFENDANTS CERTIFICATE OF INTERESTED PERSONS (Speth, Maria) Modified on 11/6/2007 (klmm). (Entered: November 5, 2007)
November 5, 2007 47 CERTIFICATE OF INTERESTED PERSONS by Xcentric Ventures LLC, Edward Magedson. (Attachments: # 1 Original NEF) (Speth, Maria) (Entered: November 6, 2007)
November 6, 2007 48 STIPULATION by GW Equity LLC and Proposed Order. (Cox, John) (Entered: November 6, 2007)
Docket Report Last Checked: November 29, 2007 14:40:11 PST
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Plaintiff: GW Equity LLC
Represented By: John T Cox, III
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Defendant: Xcentric Ventures LLC
Represented By: Jeffrey Scot Seeburger, Maria Crimi Speth
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Defendant: www.ripoffreport.com
Represented By: Jeffrey Scot Seeburger, Maria Crimi Speth
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Defendant: www.badbusinessbureau.com
Represented By: Jeffrey Scot Seeburger, Maria Crimi Speth
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Defendant: Edward Magedson
Represented By: Jeffrey Scot Seeburger, Maria Crimi Speth
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