Xcentric Ventures, LLC et al v. Stanley et al, No. 2:2007cv00954 - Document 24 (D. Ariz. 2007)

Court Description: MOTION for Motion for Decision on Preliminary Injunction Against Defendants by Xcentric Ventures, LLC(an Arizona Corporation), Ed Magedson. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Speth, Maria) Modified on 6/15/2007 (LAD). DOCUMENT FILED WITH INCOMPLETE CASE NUMBER.

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Xcentric Ventures, LLC et al v. Stanley et al 1 Doc. 24 3 Maria Crimi Speth, #012574 JABURG & WILK, P.C. 3200 North Central Avenue, Suite 2000 Phoenix, Arizona 85012 (602) 248-1000 4 Attorneys for Plaintiffs 2 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 11 12 XCENTRIC VENTURES, LLC, an Arizona corporation, d/b/a RIPOFFREPORT.COM ; ED MAGEDSON, an individual 13 Plaintiffs, MOTION FOR DECISION ON PRELIMINARY INJUNCTION AGAINST DEFENDANTS 14 JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012 Case No: 07-954 v. 15 WILLIAM BILL STANLEY, an individual; WILLIAM BILL STANLEY d/b/a DEFAMATION ACTION.COM; WILLIAM BILL STANLEY d/b/a COMPLAINTREMOVER.COM; WILLIAM BILL STANLEY aka JIM RICKSON; WILLIAM BILL STANLEY aka MATT JOHNSON; ROBERT RUSSO, an individual; ROBERT RUSSO d/b/a COMPLAINTREMOVER.COM; ROBERT RUSSO d/b/a DEFENDMYNAME.COM; ROBERT RUSSO d/b/a QED MEDIA GROUP, L.L.C.; QED MEDIA GROUP, L.L.C.; QED MEDIA GROUP, L.L.C. d/b/a DEFENDMYNAME.COM; QED MEDIA GROUP, L.L.C. d/b/a COMPLAINTREMOVER.COM; DEFAMATION ACTION LEAGUE, an unincorporated association; and INTERNET DEFAMATION LEAGUE, an unincorporated association; 16 17 18 19 20 21 22 23 24 25 26 Defendants. 27 28 10297-1/LAR/LAR/591364_v1 Case 2:07-cv-00954-NVW Document 24 Filed 06/14/2007 Page 1 of 4 Dockets.Justia.com 1 2 3 ROBERT RUSSO, an individual; QED MEDIA GROUP, L.L.C., a Maine limited liability corporation, Counterclaimants, 4 5 6 v. ED MAGEDSON, an individual, Counterdefendant. 7 8 9 10 11 12 13 JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs Xcentric Ventures, L.L.C. and Ed Magedson ( Plaintiffs ) respectfully request the Court to provide all parties with a decision as to the language of the preliminary injunction to be entered in the present action. Plaintiffs continue to be irreparably harmed by the actions of Defendants. Although the entry of the Preliminary Injunction cannot prevent all wrongdoings by Defendants against Plaintiffs, an expedient entry is necessary to ensure that Plaintiffs are not continually damaged by Defendants actions. As the Court is aware, an evidentiary hearing on Plaintiffs Application for a Preliminary Injunction was held before this Court on May 17, 2007. At that time, the Court determined that Defendants have engaged in wrongful activities which would continue absent a court order. It was also indicated by the Court that due to the egregious nature of Defendants actions, a preliminary injunction would be entered as soon as practicable to prevent any further damaging activities by Defendants. Based on Defendants actions since the evidentiary hearing, the Court was correct in concluding that absent an injunction, Defendants would continue their pattern of bad acts. Attached to the present Motion are two emails received by counsel for Plaintiffs on May 20, 2007. Both emails contain nearly identical language, and only the sender of the email is different. See Exhibit A . The senders of both emails acknowledge the existence of the present action, and threaten unequivocally to continue their nefarious 27 28 2 10297-1/LAR/LAR/591364_v1 Case 2:07-cv-00954-NVW Document 24 Filed 06/14/2007 Page 2 of 4 1 activities without any regard for any orders from this Court. Such action cannot be 2 allowed to continue unabated. 3 Defendants also continue to utilize their alleged ability to optimize Google 4 search results to ensure the placement of websites containing false and defamatory 5 statements about Plaintiffs counsel as a top search result. Exhibit B is a sample of 6 Google searches done using the names of various attorneys employed with Plaintiffs 7 counsel. 8 information and created by various Defendants appear within the first two pages of search 9 results. See Exhibit B . Such false and defamatory statements are the exact type of 10 These searches show that the website(s) containing false and defamatory information that the Preliminary Injunction will cure from further publication. Plaintiffs realize that the language of the Preliminary Injunction is likely difficult 12 for the Court to craft, and hopes that their proposed form provided assistance to the Court 13 in its drafting the final Preliminary Injunction. As it remains, however, Plaintiffs are 14 JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012 11 suffering a great hardship every day that goes without the entry of the Preliminary 15 Injunction. Plaintiffs therefore respectfully request that the Court enter the Preliminary 16 Injunction against the Defendants and enjoining the wrongfully activities of Defendants 17 from continuing at the Court s earliest convenience. 18 DATED this 14th day of June, 2007. 19 20 JABURG & WILK, P.C. 21 22 23 s/ Maria Crimi Speth Maria Crimi Speth Attorneys for Plaintiffs 24 25 26 27 28 3 10297-1/LAR/LAR/591364_v1 Case 2:07-cv-00954-NVW Document 24 Filed 06/14/2007 Page 3 of 4 1 2 3 Certificate of Service I hereby certify that on June 14, 2007, I electronically transmitted the attached document to the Clerk s Office using the CM/ECF System for filing, and for transmittal of 4 5 a Notice of Electronic Filing to the following CM/ECF registrants: 6 Teresa Kay Anderson Snell & Wilmer LLP One Arizona Center 400 East Van Buren Phoenix, AZ 85004 7 8 9 Michael Kent Dana Snell & Wilmer LLP One Arizona Center 400 East Van Buren Phoenix, AZ 85004 10 11 12 Attorneys for Defendants Robert Russo, QED Media Group, LLC and Internet Defamation League 13 JABURG & WILK, P.C. ATTORNEYS AT LAW 3200 NORTH CENTRAL AVENUE SUITE 2000 PHOENIX, ARIZONA 85012 14 15 With a COPY of the foregoing emailed on the 14th day of June, 2007, to: William Bill Stanley defamationaction@gmail.com geographicalseo@gmail.com 16 17 18 With a COPY of the foregoing hand delivered on the 15th day of June, 2007, to: 19 Honorable Neil V Wake United States District Court District of Arizona 20 21 s/Debra Gower 22 23 24 25 26 27 28 4 10297-1/LAR/LAR/591364_v1 Case 2:07-cv-00954-NVW Document 24 Filed 06/14/2007 Page 4 of 4

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