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DALE M. CENDALI (admitted for all purposes 11/30/93) DIANA M. TORRES (State Bar No. 162284) O'MELVENY & MYERS LLP 400 South Hope Street Los Angeles, CA 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 [email protected] CARLA MENINSKY (State Bar No. 233470) O'MELVENY & MYERS LLP Embarcadero Center West 275 Battery Street, Suite 2600 San Francisco, CA 94111-3305 [email protected] Attorneys for Plaintiffs The United States Olympic Committee and the International Olympic Committee UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CASE NO. C 08-01345- JSW MENINSKY DEC ISO MTN FOR LEAVE
The United States Olympic Committee and the International Olympic Committee, Plaintiffs, v. Xclusive Leisure & Hospitality Ltd.; Beijingticketing.com; 20080lympics.com; Beijingolympic2008tickets.com; Beijingolympictickets2008.com; Olympic-tickets.net; Olympicticketsbeijing2008.com; Does 1-10, inclusive, Defendants.
Case No. C 08-01345- JSW DECLARATION OF CARLA MENINSKY IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO SERVE BY ALTERNATIVE MEANS Date: August 22, 2008 Time: 9:00 a.m. Judge: Hon. Jeffrey S. White
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I, CARLA MENINSKY, HEREBY DECLARE AS FOLLOWS: 1. I am an associate with the law firm of O'Melveny & Myers LLP, counsel
for Plaintiffs in this matter. I am personally familiar with the facts and circumstances set forth herein, and would and could competently testify to them if called as a witness. 2. On August 8, 2008, in response to a subpoena, I received contact and billing
information from ServePath LLC, Defendants' web hosting provider, concerning the websites olympic-tickets.net, beijingticketing.com, beijingolympic2008tickets.com, beijingolympictickets2008.com, olympicticketsbeijing2008.com, and 2008-0lympics.com. ServePath's records show that the physical address for these websites to be 202 Blackfriars Road, London SE1 8NJ and the email address to be [email protected]. ServePath's billing records indicate that Mohammad Irfan and Alan T. Scott have been regularly paying the monthly fees in support of this account. Attached as Exhibit A are true and correct copies of ServePath's Customer Information and Account History Detail on Beijing Ticketing. 3. By cross-referencing the contact and billing information, ServePath also
produced information on the related websites, Trading24Seven.com and Theonlineticketshop.com. ServePath's records show that Alan T. Scott, Terence Shepherd, Geert VanMeel, Thomas Coleman, Lynne Matthews, and Mohammad Irfan have been regularly paying the monthly fees in support of these accounts. Attached as Exhibit B are true and correct copies of ServePath's Customer Information and Account History Detail on Trading24Seven. 4. In addition, ServePath produced their customer service log relating to the
websites in question. ServePath has been in regular email contact with Mohammad Irfan in conjunction with their webhosting services through the email account [email protected]. Attached as Exhibit C are true and correct copies of excerpts from ServePath's customer service logs. 5. On August 3, 2008, ServePath alerted Beijing Ticketing at
[email protected] that ServePath had received complaints from several
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individuals that the website www.beijingticketing.com was sending fraudulent email messages requesting sensitive details about their bank accounts. According to ServePath, the purpose of this so-called "phishing" scam was to elicit personal information in order to fraudulently access their bank accounts. On August 4, 2008 at 4.08 AM, Beijing Ticketing responded that they were investigating the issue. However, after receiving no further response, ServePath shut down the website later that morning. Attached as Exhibit D are true and correct copies of excerpts from ServePath's customer service logs regarding the phishing complaints. 6. On August 13, 2008, eNom, Inc., the registrar for the domain names in
question produced contact and billing information in response to Plaintiffs' subpoena. eNom's records provide that Alan T. Scott, Terence Shepherd, Geert VanMeel, and Greg G. Shepherd have been paying for the domain names under the business names of Theonlineticketshop.com, Xclusive Leisure & Hospitality Ltd, and XLH. eNom lists the following email addresses as contact information for Defendants: [email protected], [email protected], [email protected]. eNom also produced address information for each of its contacts, however, as this is a public filing, the addresses are redacted. Attached as Exhibit E is a redacted true and correct copy of eNom's production. 7. As of this date, however, we have not had sufficient time to verify the
accuracy of the physical addresses for the Defendants. 8. On August 11, 2008 I emailed copies of Plaintiffs' Ex Parte Motion For
Extension of Temporary Restraining Order And to Continue Preliminary Injunction Hearing and supporting papers to Defendants at [email protected] and [email protected]. Attached as Exhibit F is a true and correct copy of the successful delivery message.
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Executed this 19th day of August, 2008 at San Francisco, California.
By:__/s/ Carla Meninsky________ Carla Meninsky
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Free Declaration in Support - District Court of California - California
| File Size: | 1,760.5 kB |
| Pages: | 49 |
| Date: | September 5, 2008 |
| File Format: | |
| State: | California |
| Category: | District Court of California |
| Author: | unknown |
| Word Count: | 1,595 Words, 9,754 Characters |
| Page Size: | Letter (8 1/2" x 11") |
| URL |
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