Complaint Review: Ace Industrial Supply - San Fernando California

To: Dennis:

On April 16, 2009, a complaint entitled Ace Industrial Supply, Inc. v. John Doe 1, et al., was filed in the Los Angeles Superior Court North Central District, located at 300 East Olive, Burbank, California 91502, and designated Case No. EC049753 (hereinafter, the California Action).  The California Action includes a cause of action for libel and a cause of action for libel per se.  As alleged in the California Action, a cause of action for libel and a cause of action for libel per se are brought against the individual who uses the pseudonym Dennis and intentionally published on the www.ripoffreport.com website the following statement on January 14, 2009, under the heading entitled, Ace Industrial Supply: I worked at Ace and had the same thing happen over and over again customers would order, get billed and never receive any product.  It is actually illegal and Ace is under investigation for this from the California Attorney General.  The California Action was instituted because the published statement referenced above is false, were read by third persons and Ace Industrial Supply, Inc. has suffered damages as a result of the publication of the false statement referenced above.

In or about August 2009, Case No. CV2009-025710 was assigned to legal action entitled Industrial Supply, Inc. v. John Doe 1, et al by the Superior Court of the State of Arizona In And For The County Of Maricopa, located at 201 W. Jefferson, Phoenix, Arizona 85003-2243 (hereinafter, the Arizona Action).  The purpose of the Arizona Action was to obtain a Subpoena Duces Tecum compelling XCentric Ventures LLC, an Arizona Limited Liability Company (hereinafter, XCentric), the manager of the website found at www.ripoffreport.com, to provide Ace Industrial Supply, Inc. with information that will lead to the discovery of the true identity of the individual(s) who use the pseudonym Dennis and intentionally published the statements on the www.ripoffreport.com website which are referenced in the preceding paragraph.  The purpose of obtaining this information is so that Ace Industrial Supply, Inc. can properly serve the California Action and prosecute the California Action against the actual individual(s) who published the statement on the www.ripoffreport.com website which is referenced in the preceding paragraph.  On August 28, 2009, the Superior Court of the State of Arizona In And For The County Of Maricopa issued a Subpoena Duces Tecum directed at XCentric which included certain requests which are made for the purpose of obtaining from XCentric information that will lead to the discovery of the true identity of the individual(s) who use the pseudonym Dennis and intentionally published the statement on the www.ripoffreport.com website which is referenced in the preceding paragraph.  Said Subpoena Duces Tecum has been served on XCentric.

The individual(s) who use the pseudonym Dennis as referenced above, PLEASE BE ADVISED, you have the right to timely and anonymously file and serve a response to the Subpoena Duces Tecum.  Such a response can include an objection to the Subpoena Duces Tecum.  You are strongly encouraged to seek legal advice with respect to your rights concerning all issues mentioned herein.  Any response to the Subpoena Duces Tecum should be filed with Superior Court of the State of Arizona In And For The County Of Maricopa, located at 201 W. Jefferson, Phoenix, Arizona 85003-2243 and a copy of any response should be mailed to the following: 1) Kerry M. Griggs, Esq., The Cavanagh Law Firm, 1850 North Central Ave., #240, Phoenix, Arizona 85004, phone: 602-322-4000; 2) Gary N. Schwartz, Esq., Spile, Siegal, Leff & Goor, LLP, 16501 Ventura Blvd., Suite 610, Encino, California 91436; and 3)XCentric Ventures, LLC, 3200 N. Central Avenue, Suite 2000, Phoenix, Arizona 85012.  If you desire copies of any pleadings filed in the California Action and/or the Arizona Action, you may request same, on an anonymous basis from Kerry M. Griggs, Esq., Gary N. Schwartz, Esq. or you may obtain such pleadings directly from the Los Angeles Superior Court North Central District and the Superior Court of the State of Arizona In And For The County Of Maricopa.

PLEASE BE FURTHER ADVISED that fourteen (14) days from October 14, 2009, legal counsel for Ace Industrial Supply, Inc. in the Arizona Action, namely the Cavanagh Law Group referenced above, intends to bring a motion in the Arizona Action, requesting that the Superior Court of the State of Arizona In And For The County Of Maricopa issue an order compelling XCentric to provide the information requested in the Subpoena Duces Tecum that was previously issued on August 28, 2009 and subsequently served on XCentric.

This notification is being provided to you pursuant to the Court of Appeals, State of Arizona, Division One holding in the matter entitled Mobilisa, Inc. v. John Doe 1, et al., Case No. 1 CA-CV 06-0521.

To: Dennis:

On April 16, 2009, a complaint entitled Ace Industrial Supply, Inc. v. John Doe 1, et al., was filed in the Los Angeles Superior Court North Central District, located at 300 East Olive, Burbank, California 91502, and designated Case No. EC049753 (hereinafter, the California Action).  The California Action includes a cause of action for libel and a cause of action for libel per se.  As alleged in the California Action, a cause of action for libel and a cause of action for libel per se are brought against the individual who uses the pseudonym Dennis and intentionally published on the www.ripoffreport.com website the following statement on January 14, 2009, under the heading entitled, Ace Industrial Supply: I worked at Ace and had the same thing happen over and over again customers would order, get billed and never receive any product.  It is actually illegal and Ace is under investigation for this from the California Attorney General.  The California Action was instituted because the published statement referenced above is false, were read by third persons and Ace Industrial Supply, Inc. has suffered damages as a result of the publication of the false statement referenced above.

In or about August 2009, Case No. CV2009-025710 was assigned to legal action entitled Industrial Supply, Inc. v. John Doe 1, et al by the Superior Court of the State of Arizona In And For The County Of Maricopa, located at 201 W. Jefferson, Phoenix, Arizona 85003-2243 (hereinafter, the Arizona Action).  The purpose of the Arizona Action was to obtain a Subpoena Duces Tecum compelling XCentric Ventures LLC, an Arizona Limited Liability Company (hereinafter, XCentric), the manager of the website found at www.ripoffreport.com, to provide Ace Industrial Supply, Inc. with information that will lead to the discovery of the true identity of the individual(s) who use the pseudonym Dennis and intentionally published the statements on the www.ripoffreport.com website which are referenced in the preceding paragraph.  The purpose of obtaining this information is so that Ace Industrial Supply, Inc. can properly serve the California Action and prosecute the California Action against the actual individual(s) who published the statement on the www.ripoffreport.com website which is referenced in the preceding paragraph.  On August 28, 2009, the Superior Court of the State of Arizona In And For The County Of Maricopa issued a Subpoena Duces Tecum directed at XCentric which included certain requests which are made for the purpose of obtaining from XCentric information that will lead to the discovery of the true identity of the individual(s) who use the pseudonym Dennis and intentionally published the statement on the www.ripoffreport.com website which is referenced in the preceding paragraph.  Said Subpoena Duces Tecum has been served on XCentric.

The individual(s) who use the pseudonym Dennis as referenced above, PLEASE BE ADVISED, you have the right to timely and anonymously file and serve a response to the Subpoena Duces Tecum.  Such a response can include an objection to the Subpoena Duces Tecum.  You are strongly encouraged to seek legal advice with respect to your rights concerning all issues mentioned herein.  Any response to the Subpoena Duces Tecum should be filed with Superior Court of the State of Arizona In And For The County Of Maricopa, located at 201 W. Jefferson, Phoenix, Arizona 85003-2243 and a copy of any response should be mailed to the following: 1) Kerry M. Griggs, Esq., The Cavanagh Law Firm, 1850 North Central Ave., #240, Phoenix, Arizona 85004, phone: 602-322-4000; 2) Gary N. Schwartz, Esq., Spile, Siegal, Leff & Goor, LLP, 16501 Ventura Blvd., Suite 610, Encino, California 91436; and 3)XCentric Ventures, LLC, 3200 N. Central Avenue, Suite 2000, Phoenix, Arizona 85012.  If you desire copies of any pleadings filed in the California Action and/or the Arizona Action, you may request same, on an anonymous basis from Kerry M. Griggs, Esq., Gary N. Schwartz, Esq. or you may obtain such pleadings directly from the Los Angeles Superior Court North Central District and the Superior Court of the State of Arizona In And For The County Of Maricopa.

PLEASE BE FURTHER ADVISED that fourteen (14) days from October 14, 2009, legal counsel for Ace Industrial Supply, Inc. in the Arizona Action, namely the Cavanagh Law Group referenced above, intends to bring a motion in the Arizona Action, requesting that the Superior Court of the State of Arizona In And For The County Of Maricopa issue an order compelling XCentric to provide the information requested in the Subpoena Duces Tecum that was previously issued on August 28, 2009 and subsequently served on XCentric.

This notification is being provided to you pursuant to the Court of Appeals, State of Arizona, Division One holding in the matter entitled Mobilisa, Inc. v. John Doe 1, et al., Case No. 1 CA-CV 06-0521.

customers would order, get billed and never receive any product. It is actually illegal and Ace is under investigation for this from the California Attorney General. We will see what happens but I couldn't keep explaining this to the customers which we just took from the outside satellites.