Preview
(FILED: NEW YORK COUNTY CLERK 06/12/2012) INDEX NO. 153528/2012
NYSCEF Di NO. 24 —t yor RECEIVED NYSCEF: 06/12/2012
oe
At IAS Part. 62 of the Supreme Court
of the State of New York, held in and for the
County
thereof, Baberee,rk at the Courthouse
treet, New York, New
York 10007, on the_, irk day of June,
2012
PRESENT:
von, EllewM. Co-7
Justice Presiding
cee eee nee eee ene nee nee nn a ene emnnn en nee enne nnn nates
Index No. 153528/12
US OIL & GAS HOLDINGS LLC, SANFORD
GOLDFARB, ROBERT VALENTINO and
BARRY CHARLES,
Petitioners,
-against-
ORDER TO SHOW CAUSE
: FOR PRE-ACTION
GODADDY.COM, LLC, HOSTING SERVICES, INC.
DISCLOSURE
and DOMAINS BY PROXY, LLC,
Respondents.
een annem ere cece ne ene n ee een nee nmr me
S. Frieman, swom to June 11,
Upon reading and filing the annexed affidavit of Karen
Charles, sworn to June | 1, 2012, the
2012, the exhibits annexed thereto, the affidavit of Barry
proceeding, let respondents
accompanying Memorandum of Law, and the Petition in this
Inc. (“Hosting Services ”) and Domains
GoDaddy.com, LLC (“Go Daddy”), Hosting Services,
and Hosting Services, the “Subpoenaed
By Proxy, LLC (“DBP,” and sometimes with Go Daddy
Aopeac And/
at a IAS Part CD Room Be/
Parties”) or their counsel'show cause before this Court
nm
New York, New York 10007 on the
to be held at the Courthouse located at 60-Centre Street,
26 W say of Web 2, at 9:30 ampah or as soon thereafter as counsel can be
herein:
heard, why an order should not be made and entered
a ees ~
oe _ a
~
(a) issuing a pre-action Subpoena Duces Tecum, pursuant to CPLR 3102(c), to each
of the Subpoenaed Parties, or authorizing Petitioners to do so, directing each to provide the
following information and documents to counsel for petitioners US Oil & Gas Holdings LLC
CUS Oil & Gas”), Sanford Goldfarb (“Goldfarb”), Robert Valentino (“Valentino”), and Barry
Charles (“Charles,” or together with Goldfarb and Valentino, the “Principals,” and collectively
with US Oil & Gas, the Petitioners”):
ay For all periods since and including June 1, 2011, the identity of al]
entities and/or persons who would have been designated as the Registrant,
Administrative Contact, Billing Contact and Technical Contact for the domain
names (a) ginvestor.biz (““GInvestor”), and (b) each of ginvestor.net, ginvestor.org
and ginvestor.info (the “Related Domains”), on publicly available WHOIS
directories, or whose identities would otherwise be a matter of public record,
absent each of their respective uses of DBP’s private registration services,
including all addresses, phone numbers, facsimile numbers and electronic mail
addresses for each entity and/or person;
Q) For all periods since and including June 1, 2011, the identity of all
entities and/or persons who purchased and/or registered for DBP’s private
registration services for or in connection with (a) GInvestor, and (b) each of the
Related Domains, including all addresses, phone numbers, facsimile numbers and
electronic mail addresses for each entity and/or person;
G) For all periods since and including June 1, 2011, the identity of all
Internet Protocol addresses (the “IP Addresses”) that interacted with the host(s) of
(a) the GInvestor website, and (b) any website using any of the Related Domains,
and/or which were used to post and/or edit that certain article entitled “The Ponzi
Scheme Lessons” (the “Article”) which was posted on GInvestor on or about
November 28, 2011;
(4) The number of times that the Article was viewed on GInvestor;
and
(5) All documents reflecting the information in requests (1) through
(4) above;
(Requests (a)(1) through (a)(5) collectively, the “Disclosures”), and
~ :
(b) awarding Petitioners such other and further relief as this Court may deem
just and proper, including, but not limited to, an award of Petitioner’s attorneys’ fees, costs and
disbursements;
and itis, poor Sek cascn ppencins that pereowel
ORDERED Mipatservice of a copy of this order to show cause, together with the other
Lee
papers upon which it is granted, upon Go Daddy’clo Legal Department,-14455-Nenh Hayden
7 7 > 7 , upon Hosting Services, 1 oN,
oon ais By ovg ,LLe
Gateway-Drive, Providence, UT (support@midphase.com);
84332 and upon,
Counsel, 15444+-North Hayden Road, Suite 160, PMB 353, Scottsdale, AZ 85260
Yproxy on oh
reecived on or before the_!@ Moy of June. , 2012, shall be deemed good and
sufficient service thereof;
and it is further,
ORDERED, that opposing papers, if any, be served by federal express upon Petitioner’s
counsel so as to be received by them by uy. 4 , 2012, and reply papers, if
any, by electronic mail and federal express upon the Subpoenaed Parties so as to be received by
them by duty 72 , 2012.
ENTER:
Cy
JSC.
HON. ELLEN M. COIN
a re Er
eniseprrsainy
cies
Preview
(FILED: NEW YORK COUNTY CLERK 06/12/2012) INDEX NO. 153528/2012 NYSCEF Di NO. 24 —t yor RECEIVED NYSCEF: 06/12/2012 oe At IAS Part. 62 of the Supreme Court of the State of New York, held in and for the County thereof, Baberee,rk at the Courthouse treet, New York, New York 10007, on the_, irk day of June, 2012 PRESENT: von, EllewM. Co-7 Justice Presiding cee eee nee eee ene nee nee nn a ene emnnn en nee enne nnn nates Index No. 153528/12 US OIL & GAS HOLDINGS LLC, SANFORD GOLDFARB, ROBERT VALENTINO and BARRY CHARLES, Petitioners, -against- ORDER TO SHOW CAUSE : FOR PRE-ACTION GODADDY.COM, LLC, HOSTING SERVICES, INC. DISCLOSURE and DOMAINS BY PROXY, LLC, Respondents. een annem ere cece ne ene n ee een nee nmr me S. Frieman, swom to June 11, Upon reading and filing the annexed affidavit of Karen Charles, sworn to June | 1, 2012, the 2012, the exhibits annexed thereto, the affidavit of Barry proceeding, let respondents accompanying Memorandum of Law, and the Petition in this Inc. (“Hosting Services ”) and Domains GoDaddy.com, LLC (“Go Daddy”), Hosting Services, and Hosting Services, the “Subpoenaed By Proxy, LLC (“DBP,” and sometimes with Go Daddy Aopeac And/ at a IAS Part CD Room Be/ Parties”) or their counsel'show cause before this Court nm New York, New York 10007 on the to be held at the Courthouse located at 60-Centre Street, 26 W say of Web 2, at 9:30 ampah or as soon thereafter as counsel can be herein: heard, why an order should not be made and entered a ees ~ oe _ a ~ (a) issuing a pre-action Subpoena Duces Tecum, pursuant to CPLR 3102(c), to each of the Subpoenaed Parties, or authorizing Petitioners to do so, directing each to provide the following information and documents to counsel for petitioners US Oil & Gas Holdings LLC CUS Oil & Gas”), Sanford Goldfarb (“Goldfarb”), Robert Valentino (“Valentino”), and Barry Charles (“Charles,” or together with Goldfarb and Valentino, the “Principals,” and collectively with US Oil & Gas, the Petitioners”): ay For all periods since and including June 1, 2011, the identity of al] entities and/or persons who would have been designated as the Registrant, Administrative Contact, Billing Contact and Technical Contact for the domain names (a) ginvestor.biz (““GInvestor”), and (b) each of ginvestor.net, ginvestor.org and ginvestor.info (the “Related Domains”), on publicly available WHOIS directories, or whose identities would otherwise be a matter of public record, absent each of their respective uses of DBP’s private registration services, including all addresses, phone numbers, facsimile numbers and electronic mail addresses for each entity and/or person; Q) For all periods since and including June 1, 2011, the identity of all entities and/or persons who purchased and/or registered for DBP’s private registration services for or in connection with (a) GInvestor, and (b) each of the Related Domains, including all addresses, phone numbers, facsimile numbers and electronic mail addresses for each entity and/or person; G) For all periods since and including June 1, 2011, the identity of all Internet Protocol addresses (the “IP Addresses”) that interacted with the host(s) of (a) the GInvestor website, and (b) any website using any of the Related Domains, and/or which were used to post and/or edit that certain article entitled “The Ponzi Scheme Lessons” (the “Article”) which was posted on GInvestor on or about November 28, 2011; (4) The number of times that the Article was viewed on GInvestor; and (5) All documents reflecting the information in requests (1) through (4) above; (Requests (a)(1) through (a)(5) collectively, the “Disclosures”), and ~ : (b) awarding Petitioners such other and further relief as this Court may deem just and proper, including, but not limited to, an award of Petitioner’s attorneys’ fees, costs and disbursements; and itis, poor Sek cascn ppencins that pereowel ORDERED Mipatservice of a copy of this order to show cause, together with the other Lee papers upon which it is granted, upon Go Daddy’clo Legal Department,-14455-Nenh Hayden 7 7 > 7 , upon Hosting Services, 1 oN, oon ais By ovg ,LLe Gateway-Drive, Providence, UT (support@midphase.com); 84332 and upon, Counsel, 15444+-North Hayden Road, Suite 160, PMB 353, Scottsdale, AZ 85260 Yproxy on oh reecived on or before the_!@ Moy of June. , 2012, shall be deemed good and sufficient service thereof; and it is further, ORDERED, that opposing papers, if any, be served by federal express upon Petitioner’s counsel so as to be received by them by uy. 4 , 2012, and reply papers, if any, by electronic mail and federal express upon the Subpoenaed Parties so as to be received by them by duty 72 , 2012. ENTER: Cy JSC. HON. ELLEN M. COIN a re Er eniseprrsainy cies