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 (SBN 162284) O'MELVENY & MYERS LLP 400 South Hope Street Los Angeles, CA 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 [email protected] Attorneys for Plaintiffs The United States Olympic Committee and the International Olympic Committee UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORIA SAN FRANCISCO DIVISION

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 08-03514 JSW DECLARATION OF CYNTHIA SPRY IN SUPPORT OF PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER

CYNTHIA SPRY DEC. IN SUPPORT OF PLAINTIFFS' MOTION

Case 3:08-cv-03514-JSW

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I, Cynthia Spry, HEREBY DECLARE AS FOLLOWS:

1.

I am a resident of New York, New York. All of the facts set forth

herein are known to me personally and, if called as a witness, I could testify to them competently. 2. I placed an order for two tickets to the Opening Ceremony for the

upcoming Olympic Games on the BeijingTicketing.com website on November 7, 2007. The total cost of my order was $2,300. 3. I thought that the site was legitimate and that it was a source of official

tickets to the Olympic Games because of the domain name, BeijingTicketing.com, and the website's claim that "Beijing 2008 Ticketing is a well known tickets agent and a trusted market place for buyers to find and book Olympic tickets. We assure 100% guaranteed tickets delivery." In addition, the information on the site, such as the event calendar, the list of all of the events for which tickets could be purchased and the facts about the Olympic Games, also made me think that the site was legitimate. 4. 5. I have not received any tickets from BeijingTicketing.com. I contacted counsel for the United States Olympic Committee and

International Olympic Committee on July 31, 2008.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Executed on this 1st day of August, 2008 at New York, New York.

Cynthia Spry -2CYNTHIA SPRY DEC. IN SUPPORT OF PLAINTIFFS' MOTION

Case 3:08-cv-03514-JSW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3CYNTHIA SPRY DEC. IN SUPPORT OF PLAINTIFFS' MOTION