'4 procopio vilww. p r0c0 pr0. c0 m April 8, 2015 VIA U.S, MAIL AND E-MAIL AT [email protected]Compliance Department Opinion Corp 1732 lst Ave #25581 New York, NY 10128 Re: Private Label Nutraceuticals v. Gorman, et al San Diego Superior Court Case No. 37-2014-0084467-CU-DF-CTL Deposition Subpoena for Production of Business Records Dear Irene: This office represents Private l-abel Nutraceuticals and Bjarte Rene in the above- mentioned proceeding. Pursuant to the Uniform Interstate Deposition and Discovery Act and N.Y. CPRL $3119, on March 31, 2015, your office was properly served with a true and correct copy of a Califomia Subpoena for Production of Business Records and a subpoena issued by New York licensed attomey, Paul Hugel ("Mr. Hugel") (the "Subpoena"). On April 2, 2015, Mr. Hugel received your email attaching Opinion Corp's Civil Subpoena Policy, and on April 8, 2015, another email asking to confirm receipt of the previous correspondence. This letter serves as a response thereto. As you are aware, "if a party to an oulof-state proceeding retains an attomey licensed to practice in [New York], and that attomey receives the original or a true copy of an out-of-state subpoena, the attorney may issue a subpoena under this section." N.Y. CPRL $ 3l l9(b)(4). As evidenced by the documents in Exhibit I attached hereto, our office fully complied with Section 3l19. As you are also aware, if the responding party intends to object to the subpoena, it must serve a response particularizing the reasons for the objection within 20 days of service of the demand. N.Y. CPRL $ 3122(aXl). Rather than responding with any particularized objections, your April 2,2015 email simply stated: Hello Paul, Please see attached Subpoena Policy. If you have any questions, please email or call me. San Diego . Del Mar Heights . Silicon Valley . Phoenix ' Austin DOCS l2 t45 7-00000 r /2206863. l Procopio, Cory, Hargreaves & Savitch LLP 525 B Street, Suire 2200 San Diego, CA 92101 T.619.238.1900 F.619.235.0398 Zag Bassirian Direct Dial: (619) 906-5759 E-Mail: [email protected]
Re: Private Label Nutraceuticals v. Gorman, et alSan Diego Superior Court Case No. 37-2014-0084467-CU-DF-CTLDeposition Subpoena for Production of Business Records
Dear Irene:
This office represents Private l-abel Nutraceuticals and Bjarte Rene in the above-mentioned proceeding.
Pursuant to the Uniform Interstate Deposition and Discovery Act and N.Y. CPRL $3119,on March 31, 2015, your office was properly served with a true and correct copy of a CalifomiaSubpoena for Production of Business Records and a subpoena issued by New York licensedattomey, Paul Hugel ("Mr. Hugel") (the "Subpoena"). On April 2, 2015, Mr. Hugel receivedyour email attaching Opinion Corp's Civil Subpoena Policy, and on April 8, 2015, another emailasking to confirm receipt of the previous correspondence. This letter serves as a responsethereto.
As you are aware, "if a party to an oulof-state proceeding retains an attomey licensed topractice in [New York], and that attomey receives the original or a true copy of an out-of-statesubpoena, the attorney may issue a subpoena under this section." N.Y. CPRL $ 3l l9(b)(4). Asevidenced by the documents in Exhibit I attached hereto, our office fully complied with Section3l19.
As you are also aware, if the responding party intends to object to the subpoena, it mustserve a response particularizing the reasons for the objection within 20 days of service of thedemand. N.Y. CPRL $ 3122(aXl). Rather than responding with any particularized objections,your April 2,2015 email simply stated:
Hello Paul,Please see attached Subpoena Policy.If you have any questions, please email or call me.
San Diego . Del Mar Heights . Silicon Valley . Phoenix ' AustinDOCS l2 t45 7-00000 r /2206863. l
Procopio, Cory, Hargreaves & Savitch LLP525 B Street, Suire 2200
Ifyou have valid objections to the Subpoena, please include them in your response to thisletter, including the legal authority supporting any objections you may have. We note that,although your Civil Subpoena Policy states additional requirements before Opinion Corp willcomply, they are unenforceable.
Please respond to this letter no later than 5:00 p.m. on April 15,2015 indicating whetheryou intend to comply with the Subpoena. If no response is received by that time, my office willfile a Motion to Compel, pursue contempt proceedings and seek appropriate sanclions.
We look forward to your response and professional courtesy. Please feel free to call myoffice with any questions.
arToRNEy FoR r,\'.,,)j :#Jtr tr*#Hffi:5l[lff5i;,1.. " *"ia rinited rrabiritv
FOR COURT USE ONLY
SUPERIoR coURT oF CALIFoRNIA COUMTY OF SANsrFEEr aooREss: 330 W. BroadwayMAILII{G AOORESS
crrYANo zP cooE San Diego, CA 92101ERANcri NAr.E Centfal
DIEGO
PLAINIFF/PETITIoNER: PRIVATE LABEL NUTRACEUTICALS, LLC, a Georgia limitedliability companyi BJARTE RENE, an individual,
DEFENDANT/RESPoNDENT: RlCI-IARD ANDREW GORMAN et al.
DEPOSITION SUBPOENAFOR PRODUCTION OF BUSINESS RECORDS
CAS€ NU AER
37 -201 4 -00084467 -CU-DF-CTL
1o (nanE d depositin ofrcer): Paul Hugel, Clayman & Rosenb€rg LLP
on (date): April 29,2015 At (tme): 10:00 a.m.
Localion faddless):305 Madison Avenue, Ste. 1301, New York, NY 10165
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (ran e addr6s, and tdephone numbq of deponenl if known):Opinion Corp., d/b/a PISSEDCONSUMER.COM, cr'o NatiorEl Registered Agenls, lnc., 11'1 Eighth Avenue, New York, NY '1001 1
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item as follows:
a. X by detivering a true, legible, and durable copy ofthe business records descdbed in item 3, enclosed in a sealed inner
Mapper wilh lhe title and number of the action, name of witness, and date of subpoena dearly written on it. The inner
wrapper shall hen be enclosed in an outer envelope orwrapper, sealed, and mailed to the deposition offcer A theaddress in item 1.
b. n by delivering a true, legible, and durable copy of he business records described in item 3 to the deposition offcer at thewitness's address, on receipt of payment in cash or by check ofthe reasonable costs of preparing the copy, as delerminedunder Evidence Code section 1563(b).
c. ! by making the original business records described in item 3 availabie for impection at your business address by theattomeys representative and permitting copying at your b6iness address under reasonable conditions during normalbusiness hours.
2. The rec,otds aE to be prcduced by the date aN time shown in item 1 (but not sooner than n days afrer the issuance of thedepsition suFoena, or 15 days afret sNice, whiche,Er date is /abrr. Reasonable clsts of locating recods, making themavaihble or c.pying them, and postage, if any. are.recoverable as *t fotth in Evidenca Me sedion 1563(b). The rccods shall beac@mpanied by an afrdavit of the custodian or olher qualifted wifrtess pu6uant to Eidence Cde section 1 561 .
3. The records to be produced are described as fullows (t electrcnically storcd infomation is &manded, the form orforms in which each type of information is to be pmdud may be specified):
I Continued on Attachment 3.
4.IF YOU HAVE BEEN SERVED WTH THIS SUBPOENAAS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDERCODE OF CIVIL PROCEDURE SEGIiON 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEENSERVED ON YOU, A COURT ORDER OR AGREEMEM OF THE PARTIES, W]TNESSES, AiVO CONSUMER OR EMPLOYEEAFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
Date issued: 3/24 /15
Jamie L. Altman(TYFE OR PRINT MME)
(ProoI of setuice on reverse)
DISOBEDTENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLEFOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESI,ILTING FROIYI^YOUR FAILURE TO OBEY.
Fam Ad.tr.d br trbrxhrdy U3.Judbsl cqEl d c.I6.rrl
SUBP-010IRrr. J.rll, 1. 2ol2l
DEPOSITION SUBPOENA FOR PRODUCTIONOF BUSINESS RECORDS
Code o( Cl\d Pmc.d,t Sg 2@41t)-iaa0.4oiGo!!.nEn God.. g 6tgr.r
talrr,..,,ntir,.9a,
PLATNTTFF/PETTTTONER: Private Label Nutraceuticals, LLc et al.
DEFENOANT/RESPONDENT: DOE DEfENdANIS 1-25
C^SE I{JMAER
37 -2014-00084467 -C U-DF-CTL
PROOF OF SERVICE OF DEPOSITION SUBPOENA FORPRODUCTION OF BUSINESS RECORDS
1. I served this Oeposrt,on Sub,,F-tr€ for Prcduction of Eus,ness Records by personally delivering a copy to he person servedas fdlows:
a. Person served (namer:
b. Address where served:
c. Oate of delivery:
d. Time of delivery:
e. (1) E Vvrhess bes were paid.
Amount...........,..............,..... $(2) E copying bes wete paid.
Amount:..............................,. $
f. Fee for service:............................-..-.. $
I received this subpoena fur service on (dafe,):
PeGon seMrE:a. f] Not a registeEd Calitomia procrss seruer.
b. n Califomia sherifi or marshal.
c. n Registered Califomia process server.
d. ! Employee or indeperdent contractor of a registered Califomia process server.
e. ! Exempt from registralion under Busin€ss and Probssions code section 22350(b).
f. E Registe(ed professional photocopier.
g. E Exempt from registrdion under Business and Probssions Code s€c1i on 22451 .
h. Name, address, telephone number, and, if applicable, county of registration and numbec
2.
3.
I d€ctare under penalty of perjury under the latvs of the State ofCalifomia that the foregoing is tue and conect.
Oate:
)
(For California sheriff or marshal lEe only)I certify that the foregoing is true and conect.
Date:
(STGN TURE) {SIGNATIJRE)
OF BUSINESS RECORDS
An.nqn k!,ll'1.1. IDc
-*r4,-&4!!!llEe!.eo
DEPOSITION SUBPOENA FOR PRODUCTION
Private Label Nutraceuticals, LLC v. Richard Andrew GomranS.D. Sr.rperior Court Case No. 37-201+00084467-CU-DF-CTL
Attachment 3
Deoositiou Subpoena for Production of Business Records
PRELIMINARY STATEMENT OF INSTRUCTIONS AND DEFINITIONS
DEFIMTIONS
The following definitions and instructions shall apply:
A. The temrs "YOLP' and'YOUR' shall refer to OPINION CORP. d/b/aPISSEDCONSLIMERCOM, and anyone else acting on its behali
B. The term "RELATE TO," *RELATED TO," oT "RELATING TO" as used in thisdernand with respect to any given subject shall mean in whole or iu part constihrting, embodying,reflecting identifying staing, refening to, evidencing, or in any way being relevant to that givensubject
C. The tern "DOCUMENT' and/ol "DOCUMENTS" shall have the meaningsascribed to them under Evidence Code Section 250 to include, without limitation the original (orcopy iforiginal is unavailable) of aoy printed, electmnic, typewriuen, handwrittea ungible,photocopied or otherwise reproduced item relating to information requested herei4 which are inYOLIR possession, custody or contol or are available to YOU through the exercise ofreasonablediligence, including but not limited to: conmunications; e-mail messages; letters; memorandEmessages; handwdtten notes; computer diskettes; CDs; telegrams; checks; canceled checks;invoices; sales receipts; charge receipts; o<pense records; personal receipts; inswance records;
diaries; day plan-ners; calendars (including computerized and electronic calendars); logs;ranscripts of interviews or testimony given before any person, officer, or tribunal (whethersworn or unswom) and any written summaries, reports, or statem€nts thereof; notes ofconversations, meetings, investigations, opiniors, interviews and/or testimony; telephonerecords; andio or video tape recordings; telefa.x copies; photographs @ositive print or negative).
The term DOCIIMENT(S) shall also include each copy tha is not identical to the original or toany other produced copy of, as well as any preliminary drafts of any document or workiog paper
related thereto, and documents containing handwritten notdions.
D. The terms "COMMUNICATION' or "COMMITNICATE' include or requestbformation relating to all oral commuications and "DOCLMENTS" (as heretofore defined)whether or not any such DOCUMENTS, or the infomration contained therei& wele transmittedby its author, or any other penon-
E. "PERSOIf' refers to the plural as well as the singular and includes ary natualPERSONS, corporations, partnerships, associations, governmental entities and any other similareltities, however denominated.
-1-D@S t2t457{0000t/2t 73589.1
Private Label Nutaceuticals, LLC v. Richard Andrew GormanS.D. Superior Cor:rt Case No. 37-2014-00084467-CU-DF-CTL
INSTRUCTIONS
The following instructions shall apply:
A With respect to any DOCLIMENT called for that YOU contend YOU are notrequired to produce because ofan asserted privilege (which YOU are not presently prepared towaive), in lieu of produciag such "privileged'DOCUMENT please separately identify it byauthor or preparer, all persons to whom it (or any duplicate) was distributed, shown or explained,its date md its subject matter, and state the privilege asserted with respect to it (e.g., attomey-clien! self incrimination, etc.) and any statute that YOU contend supports such assertion ofprivilege.
B. If any DOCUMENT required to be produced has been destroyd identify such
DOCTIMENT by: (l) author or preparer; (2) addressee; (3) indicated or blind copies; (4) date;(5) subject matter, (6) number ofpages; (7) attachments or appendices; (8) all persons to whom itwas distrr'buted, shown or explained; (9) date of destructio$ (10) mamer of destuction; (11)reasons for destructioq and (12) person destoying the DOCUMENT.
C. In the went that any requested DOCUMENT and taugible thing can be obtainedfiom a computer or any other electronic media, such information should be provided on the
media on which the information and pmgrams that access it are stored and produced-
D. Unless specifically requested, duplicative originals or copies that are absolutelyand totally identical to a produced DOCUMENT or tangible thing need not also be produced.
However, any duplicate which is in any way different (e.g., contains notes or has missingmaterial) must also be produced.
E. YOU are required to produce not only the original or an exact copy ofthe originalof all DOCUMENTS responsive to any of the following numbered requests, but also all copiesof such DOCUMENTS which bear any notes or markings not found on the originals and allpreliminary, intermediate, final and revised drafts of such writings.
DOCI]MENTS TO BE PRODUCED
l. ANY and AIL DOCUMENTS evidencing the legal name of the individual whosubmitted Review # 602175 to YOUR website under the usemame "Aaonymous" on March 1,
2015, attached hereto as Exhibit A.
2. ANY and AIL DOCUMENTS RELATED TO the individual, ingluding but notlimited to usemame, regishart information and contact information who submitted Review #602175 to YOUR website under the rrsername "Anonymous" on March 1 , 2015, attached heretoas Exhibit A.
3. ANY and ALL DOCIJMENTS evidencing the IP address associated with Review# 602175 to YOUR website under the usemame "Anonym.ous" on March 1, 2015, attachedhereto as Exhibit A.
DOCS r 21457-000001,2 r 73589.1
-2-
Private label Nutraceuticals, LLC v. Richard Andrew GoroanS.D. Superior Court Case No. 37-201+00084467-CU-DF-CTL
4. ANY and ALL DOCTIMENTS RELATED TO the IP address associated withReview # 602 1 75 to YOUR website under the usemame "Anonymous" on March 1 , 20 1 5 ,
atlached hereto as Exhibit A.
5. ANY and ALL COMMTINICATIONS between YOU and the individual whoadopted the usemame "Anonymous" on www.pissedconsumer.com.
6. ANY ALL COMMUMCATIONS between YOU and any user located at the IPaddress associated with Review # 602 1 75 submitted to YOUR website on March 1 , 20 1 5 .
7. ANY and AIL DOCLIMENTS RELATED TO the IP addresess associated withvisiton to or viewers of Review # 602175 between March 1,2015-March 14,2015.
The FDA, State AG, members of the media, and other groups are likely going to get involved
h ere.
If you have ordered a product from Private Label Nutraceuticals (Maritzmayer Laboratories)
then you should have it tested before you try it, as there is a real possibility that what you
have taken or about to take has fake ingredients in it.
\1414Ad7 review #602175
Prvaie Label Nu|.ra 2 Maritzmayer Laboratories i
E-@Et__g1!:n-.-_t*1gq-i?--:
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Todd eal uar ri ?$o Diego, califomia
Update: Notice of Legal AcUon Taken by Private LabelNutraceuticals, LLC Against False PostingPrivate Label Nutraceuticals. LLC CPLN") vehemently denies thefulse claim that it is using'fuke ingredients'in its products. PLN
has issued a subpoena in Case No. 37-2OL4-AO0A4467-CU-DF-CTL, Superior Court of Califomia, County of San Diego, to thewebhost of www.pissedconsumer.com to discover the true identityof the author of this anonymous post. Accordingly, this constitutesnotice to the author of the anonymous post that PLN is seeking todetermine his or her identity.PLN has reason to believe Srat a disgrunUed competitor ls
responsible for this 'anonymous" post and the competitor is
seeking to gain an unfair competitive advantage by defaming PLN
with fatse claims. Accordingly, PLN has reported this matter to theFederal Bureau of Investigation (FBI) and PLN has filed a lawsuitrelating to similar false posts. The lawsuit can be viewed at thefollowing URL: www.procopio.com/article/private-label-nutraceutica ls-llc-and-bjarte-rene. In [ight of the ridiculousmisstatements and obvious malice reflected by the post. PLN willnot respond further except through legal proceedings.
Alternately, if the author of thb pst is willing to stand behind
their comments, he or she may inform PLN directly of their trueidentiV by March 18, 2015, through our attorney Todd Neal ofProcopio, Cory, Hargreaves & Savitch, LIP, who may be contactedby telephone at (619)525-389O.Show less
Ot O€- RePIY
Exhibit 2
From:Sent:
Altman, Beverley
Friday, April 03, 2015 9:08 AMBassirian, Zagros S.
