Free Declaration in Support - District Court of California - California

Case 3:08-cv-03514-JSW

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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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MENINSKY DEC ISO MTN FOR EXTENSION

The United States Olympic Committee and the International Olympic Committee, Plaintiffs, v. Xclusive Leisure & Hospitality Ltd.; Beijingticketing.com; 2008-0lympics.com; Beijingolympic2008tickets.com; Beijingolympictickets2008.com; Olympictickets.net; Olympicticketsbeijing2008.com; Does 110, inclusive, Defendants.

Case No. C 08-01345- JSW DECLARATION OF CARLA MENINSKY IN SUPPORT OF PLAINTIFFS' MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER AND TO CONTINUE PRELIMINARY INJUNCTION HEARING

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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 4, 2008, before this Court issued the temporary restraining order, I

attempted to access the website www.beijingticketing.com. I was unable to do so as the website was no longer active. 3. On the morning of August 4, 2008, we received emails from Alice Chen and

Thomas Dunbar, declarants in this case, forwarding an email message sent from "[email protected]; on behalf of; Sales Team [[email protected]]" and signed "Alan Scott," notifying them that the tickets they ordered would not be forthcoming. Attached as Exhibit A are the emails from Alice Chen and Thomas Dunbar. 4. Subsequently, both declarants informed us that responses they had sent to the

August 4, 2008, emails were returned as undeliverable. Attached as Exhibit B is a copy of the undeliverable message sent to Alice Chen. 5. On July 31, we received an email from Wei Zhang, a victim of Defendants who

had researched Defendants after not having received tickets he purchased from beijingticketing.com. Mr. Zhang informed us that he had discovered that the corporate operator of the beijingticketing.com website is XCLUSIVE LEISURE & HOSPITALITY LIMITED, an entity located in the United Kingdom. He also forwarded a report listing the company's address as 202 Blackfriars Road, London SE1 8NJ. Attached as Exhibit C is the relevant email and the above-mentioned report we received from Wei Zhang. 6. Additionally, on August 5, 2008, we received information from another source that

the websites are operated by persons or entities doing business as Xclusive Leisure & Hospitality Ltd. whose registered address is c/o B and C Associates, Trafalgar House, Grenville Place, Mill Hill, London, England NW7 3S. Xclusive Leisure & Hospitality Ltd lists its trading address to be 202 Blackfriars Road, London SE1 8NJ. We received further information that this address is merely an "accommodation address" or mail drop and were provided with the address of the sole
MENINSKY DEC ISO MTN FOR EXTENSION

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listed director of the English company, Xclusive Leisure & Hospitality Ltd, and its associated company, Xclusive Tickets Limited, Alan Thomas Scott. The address we were given for Mr. Scott is different from the address listed above for Xclusive Leisure & Hospitality Ltd. or from Mr. Zhang. Because of the public nature of this filing, we are not setting forth that address here but can provide it to the Court if requested. 7. As of this date, we have not had sufficient time to verify the accuracy of any of

this information.

Executed this 11th day of August, 2008 at San Francisco, California.

By:__/s/ Carla Meninsky________ Carla Meninsky

SF1:724563.1

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