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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

David S. Gingras, #021097 Gingras Law Office, PLLC 3941 E. Chandler Blvd., #106-243 Phoenix, AZ 85048 Tel.: (480) 668-3623 Fax: (480) 248-3196 David@GingrasLaw.com Attorney for Plaintiff Xcentric Ventures, LLC

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA XCENTRIC VENTURES, LLC, an Arizona limited liability company, Plaintiff, v. LISA JEAN BORODKIN, et al., Defendants. I, David S. Gingras declare as follows: 1. My name is David Gingras. I am a United States citizen, a resident of the Case No: 11-CV-1426-PHX-GMS DECLARATION OF DAVID S. GINGRAS IN SUPPORT OF PLAINTIFFS MOTION FOR EARLY DISCOVERY

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State of Arizona, am over the age of 18 years, and if called to testify in court or other proceeding I could and would give the following testimony which is based upon my own personal knowledge unless otherwise stated. 2. I am an attorney licensed to practice law in the States of Arizona and

California, I am an active member in good standing with the State Bars of Arizona and California and I am admitted to practice and in good standing with the United States District Court for the District of Arizona and the United States District Court for the Northern, Central, and Eastern Districts of California. 3. I represent Plaintiff XCENTRIC VENTURES, LLC (Xcentric) in this

matter and I have possession of Xcentrics files relating to this matter which I have personally reviewed and with which I am personally familiar.

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

4.

This matter is an action for malicious prosecution arising from a civil

lawsuit filed in California against Xcentric Ventures styled Asia Economic Institute, LLC v. Xcentric Ventures, LLC, Case. No. 10-CV-1360 (C.D.Cal.). The defendants in this case are the former plaintiffs from the California proceeding (Asia Economic Institute, LLC, Raymond Mobrez, and Iliana Llaneras) and the lawyers who represented them (Lisa Borodkin and Daniel Blackert). I represented Xcentric in the previous California action from its inception through its conclusion. 5. At the time this matter was filed, I obtained a summons for Mr. Blackert

using the only address I had for him which the one listed for Mr. Blackert on the State Bar of Californias websitePO Box 2092, Los Angeles, CA 90078. Because this

address was obviously a post office box rather than home or office address at which personal service could be attempted, rather than sending a process server to this address, instead I mailed Mr. Blackert a copy of the Complaint, Summons, and a Request For Waiver of Service form (two copies), and a return, stamped self-addressed envelope. Copies of the Summons and Waiver of Service forms are attached hereto as Exhibit A. I mailed all of these materials to Mr. Blackerts post office box on July 21, 2011. 6. On August 3, 2011, the package I mailed to Mr. Blackerts post office box

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was returned to me with a stamp from the post office which read: Unknown at Box, indicating that Mr. Blackert was not located at this address or was otherwise unable to receive mail at that address. 7. As soon as I receive this notice, on August 3, 2011 I contacted Defendant

Lisa Borodkin via email (prior to her retaining counsel). A copy of my email to Ms. Borodkin is attached hereto as Exhibit B. As reflected in my email, I contacted Ms. Borodkin to ask her if she knew where Mr. Blackert was. Because Ms. Borodkin and

Mr. Blackert were co-counsel in the previous action in California, I thought it was possible that she may have another address for Mr. Blackert. In my August 3rd email, I also asked Ms. Borodkin whether she objected to Xcentric seeking leave to perform early discovery in an effort to find Mr. Blackert. 2

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

8.

Rather than responding to my August 3rd email, Ms. Borodkin called me.

During that call, she told me that she might have information about Mr. Blackerts whereabouts, but she stated that she would not provide this information to me unless Xcentric agreed to dismiss its claims against her. As I would with any other settlement offer, I discussed Ms. Borodkins request with my client and I subsequently informed Ms. Borodkin that her request was not acceptable to Xcentric. 9. After discussing this issue with Ms. Borodkin and upon returning from

vacation, on August 30, 2011 I sent an email to Mr. Blackert using the email address listed for him on the State Bar of Californias website: Daniel@alpc-law.com. I also

sent a copy of this email to a different email address that Mr. Blackert had previously used during the prior California case: blackertesq@yahoo.com. Attached to this email were copies of the Complaint, Summons, and Request for Waiver forms which I had previously mailed to Mr. Blackerts PO box. A copy of my August 30, 2011 email to Mr. Blackert is attached hereto as Exhibit C. 10. A few minutes after sending this email, I received a bounce back

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notification indicating that the email address Daniel@alpc-law.com was invalid.1 A copy of the bounce back notice I received is attached hereto as Exhibit D. I did not receive

any such notification with regard to the email I sent to blackertesq@yahoo.com.

When the underlying California action filed by Mr. Blackert first began in early 2010, I noticed that a page was missing from the original Complaint. I attempted to contact Mr. Blackert about this using the phone number listed on the face of the Complaint which stated that Mr. Blackert was in-house counsel for Asia Economic Institute, LLC. After receiving no response for several days, I looked up Mr. Blackerts contact information on the State Bar of Californias website to see if the Bar had other contact information for him. At that time, Mr. Blackerts contact information on the State Bars website stated that he was employed by a law firm called A. Liberatore, P.C. which had a website located at http://www.alpc-law.com/. At that time, Mr. Blackerts State Bar information also listed his email address as Daniel@alpc-law.com. Based on this, in early 2010 I contacted the A. Libertore law firm and asked for Mr. Blackert. In response, I was told that Mr. Blackert used to work here, but he hasnt worked here for a long time. As of October 12, 2011, Mr. Blackerts information on the State Bar of Californias website continues to list his email address as: Daniel@alpc-law.com. 3

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

11.

At or around this same time in late August 2011, I again looked up Mr.

Blackerts contact information on the State Bar of Californias website and according to that site, on July 1, 2011 Mr. Blackert was suspended from the practice of law for nonpayment of bar dues. 12. I recently checked with the State Bar of California and determined that on

September 23, 2011, Mr. Blackert was reinstated to the practice of law. Despite this, all of the publicly available contact information for Mr. Blackert on the Bars website remains invalid.2 A copy of Mr. Blackerts details from the California Bars website (as of October 12, 2011) is attached hereto as Exhibit E. 13. Based on the above, I have a good faith belief that the State Bar of

California has additional contact information for Mr. Blackert which may be obtained via subpoena. In addition, I believe that I have exhausted all other possible means for locating Mr. Blackert and therefore Xcentric will not be able to serve him with the Complaint and Summons in this matter unless it is permitted to perform discovery as to his whereabouts.

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Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. EXECUTED ON: October 12, 2011. ______________________________________ DAVID GINGRAS

The State Bar of California also lists a telephone number for Mr. Blackert in Connecticuit. I have attempted to contact Mr. Blackert by phone at this number, but I have only received a recording which does not appear to be Mr. Blackerts voice. 4

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GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

CERTIFICATE OF SERVICE

I hereby certify that on October 12, 2011 I electronically transmitted the attached document to the Clerks Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following: Hartwell Harris, Esq. LAW OFFICE OF HARTWELL HARRIS 1809 Idaho Avenue Santa Monica, CA 90403 Attorney for Defendants Raymond Mobrez Iliana Llaneras and Asia Economic Institute, LLC John S. Craiger, Esq. David E. Funkhouser III, Esq. Krystal M. Aspey, Esq. Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 Attorney for Defendant Lisa J. Borodkin And a courtesy copy of the foregoing delivered to: HONORABLE G. MURRAY SNOW United States District Court Sandra Day OConnor U.S. Courthouse, Suite 622 401 West Washington Street, SPC 80 Phoenix, AZ 85003 /s/David S. Gingras

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Exhibit A

Case Case2:11-cv-01426-GMS 2:11-cv-01426-MHB Document Document28-1 5-3 Filed Filed 10/12/11 07/19/11 Page Page 7 1 of of 18 2
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

District of Arizona __________ District of __________

Xcentric Ventures, LLC
Plaintiff

v.
Lisa J. Borodkin, et al.,
Defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS IN A CIVIL ACTION To: (Defendants name and address) Daniel F. Blackert
PO BOX 2092 Los Angeles, CA 90078

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

2:26 pm, Jul 19, 2011

s/ Richard H. Weare, Clerk

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AO 399 (01/09) Waiver of the Service of Summons

UNITED STATES DISTRICT COURT

for the District of Arizona __________ District of __________
Xcentric Ventures, LLC
Plaintiff

v.
Lisa J. Borodkin, et al.
Defendant

) ) ) ) )

Civil Action No. 11-CV-1426-GMS

WAIVER OF THE SERVICE OF SUMMONS To: David S. Gingras

(Name of the plaintiffs attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the courts jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from , the date when this request was sent (or 90 days if it was sent outside the 08/30/2011 United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date:
Signature of the attorney or unrepresented party

Daniel Blackert
Printed name of party waiving service of summons

Daniel Blackert
Printed name

Address

E-mail address

Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. Good cause does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendants property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.

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Exhibit B

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Exhibit C

Page 1 of 1 Case 2:11-cv-01426-GMS Document 28-1 Filed 10/12/11 Page 12 of 18 David Gingras
From: Sent: To: Cc: Subject: Lisa, Im sorry to be reaching out to you this way, but I have a question for you. By now, I assume youre aware of the lawsuit that Xcentric has commenced here in Arizona. Because I have no physical address for Dan, I mailed a copy of the Complaint, Summons, and a request for waiver of service to the PO box address that Dan has listed on the State Bar of Californias website. As reflected in the attached PDF, I just received notice from the post office that Dans address is invalid. Because I have no other way of contacting him (I understand that the email address listed on the bars website is also invalid, and I called the phone number they have for him but I got a strange voicemail recording that didnt sound anything like Dan), I wanted to see if you would be willing to provide me with whatever other address you may have for him. Obviously I cant require you to provide this, but I wanted to ask anyway. If you dont have any other contact information for Dan or youre not willing to provide it to me, please let me know if you have any objection to Xcentric seeking leave from the court to perform early discovery on this issue. My thinking is that the California bar probably has a non-public address for Dan that I could obtain with a subpoena, so thats what I would seek leave to do. Thank you. David S. Gingras, Esq. David@GingrasLaw.com Tel.: (480) 668-3623 Fax: (480) 248-3196 David Gingras [david@gingraslaw.com] Wednesday, August 03, 2011 4:32 PM 'lborodkin@gmail.com' 'lisa_borodkin@post.harvard.edu' ROR Lawsuit

Attachments: Blackert Returned Mail.pdf

10/12/2011

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Exhibit D

Page 1 of 1 Case 2:11-cv-01426-GMS Document 28-1 Filed 10/12/11 Page 14 of 18 David Gingras
From: Sent: To: Subject: David Gingras [david@gingraslaw.com] Tuesday, August 30, 2011 11:05 AM 'Daniel Blackert'; 'Daniel@alpc-law.com' Xcentric v. Borodkin - Notice of Lawsuit & Request for Waiver of Service

Attachments: Blackert Returned Mail.pdf; 5 - Summons - Blackert.pdf; 1 - Complaint.pdf; AO398 - Notice of Lawsuit.pdf; AO399 - Waiver of Service.pdf Dan, As I am sure you heard by now, Xcentric Ventures has filed a lawsuit in Arizona against AEI, Mr. Mobrez, Ms. Llaneras, Lisa and yourself. Copies of the Complaint and Summons are attached. I initially sent you copies of these documents along with a request for waiver of service to the address you have on file with the State Bar of California PO Box 2092, Los Angeles, CA 90078. Unfortunately, this mail has been returned as undeliverable and I have not been able to locate any other address for you. As such, I am writing to ask whether you will voluntarily agree to accept/waive service. If so, please print, sign, and return the attached waiver form to me as soon as possible. Thanks. David S. Gingras, Esq. David@GingrasLaw.com Tel.: (480) 668-3623 Fax: (480) 248-3196

No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.801 / Virus Database: 271.1.1/2793 - Release Date: 04/06/10 23:32:00

10/12/2011

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Exhibit E

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David Gingras
From: Sent: To: Subject: Attachments: Mail Administrator [Postmaster@cox.net] Tuesday, August 30, 2011 11:10 AM david@gingraslaw.com Mail System Error - Returned Mail details.txt; Xcentric v. Borodkin - Notice of Lawsuit & Request for Waiver of Service (21.7 KB)

details.txt (441 B) Xcentric v. Borodkin - Notice ...

Reason:

Recipient: <daniel@alpc-law.com> No Such User Here"

Please reply to <Postmaster@cox.net> if you feel this message to be in error.

The following attachments have been removed from the bounce message: Blackert Returned Mail.pdf, 5 - Summons - Blackert.pdf, 1 - Complaint.pdf, AO398 - Notice of Lawsuit.pdf, AO399 - Waiver of Service.pdf

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Exhibit F

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