Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 1 of 12

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

David S. Gingras, #021097 Gingras Law Office, PLLC 3941 E. Chandler Blvd., #106-243 Phoenix, AZ 85048 Tel.: (480) 668-3623 Fax: (480) 248-3196 David@GingrasLaw.com Attorney for Plaintiff Xcentric Ventures, LLC

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

XCENTRIC VENTURES, LLC, an Arizona limited liability company, Plaintiff, v. LISA JEAN BORODKIN, et al., Defendants.

Case No: 11-CV-1426-PHX-GMS PLAINTIFFS RESPONSE TO DEFENDANT LISA BORODKINS MOTION FOR (SECOND) EXTENSION OF TIME TO ANSWER/RESPOND

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff XCENTRIC VENTURES, LLC (Plaintiff or Xcentric) respectfully submits the following response to Defendant LISA JEAN BORODKINs (Defendant or Ms. Borodkin) Motion for Extension of Time to Answer/Respond (Doc. #20). As alleged in Xcentrics Complaint, this is an action for malicious prosecution asserting claims against former plaintiffs and their attorneys arising from a groundless lawsuit filed by Defendants in California in early 2010. As alleged in 66 and 67 of the Complaint, all claims in the underlying California proceeding were resolved in favor of Xcentric by final judgment dated June 15, 2011. This action was commenced shortly thereafter on July 18, 2011. Defendant Borodkin was the co-lead counsel for the

plaintiffs in the prior proceeding.

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 2 of 12

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

After avoiding service for nearly a month, Ms. Borodkin was finally served with Xcentrics Complaint on August 31, 2011, making her Answer due on or before September 21, 2011. Six days before her Answer was due, on September 15, 2011 Ms. Borodkins retained counsel contacted the undersigned and requested a two-week extension of time to respond. With no questions asked, undersigned counsel readily

agreed to the request and agreed that Ms. Borodkins Answer would be due on October 5, 2011. Copies of emails documenting this discussion are attached hereto as Exhibits A and B. On October 3, 2011, Ms. Borodkins counsel contacted the undersigned via email and requested another two-week extension, this time stating, We are still analyzing the Complaint, and determining how to proceed. See Exhibit C. Before undersigned

counsel could respond, on October 4, 2011, Ms. Borodkins counsel sent another email, a copy of which is attached hereto as Exhibit D, this time seeking yet another extension until October 31, 2011, a full two months after she was served. Because there was no legitimate basis for the second lengthy extension, Xcentric promptly responded and declined the request resulting in the present motion. The only basis for Ms. Borodkins current extension request is that instead of preparing a substantive response to Xcentrics Complaint during the five plus weeks that have passed since she was served, she has instead drafted a Rule 11 Motion for Sanctions against Xcentric and Xcentrics counsel. Of course, due to the safe harbor provisions of Rule 11, Ms. Borodkin must wait 21 days before filing her motion. Based on these facts, Ms. Borodkin presumes that Xcentric may simply choose to drop its Complaint against her, and for that reason she has asked for an extension of time until October 31, 2011 to file an Answer; in the interests of judicial economy, as well as to avoid the incurrence of additional unnecessary legal fees. Xcentric has reviewed the proposed motion and has determined that it will not agree to withdraw its claims against Ms. Borodkin. Those claims are well-grounded in fact, supported by substantial evidence, and are well-supported by existing law. 2

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 3 of 12

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

That being the case, Ms. Borodkin will be required to file a responsive pleading in this matter, so granting her request will not result in the avoidance of additional fees nor will it improve judicial economy. For these reasons, Ms. Borodkins motion should be denied. DATED October 6, 2011. GINGRAS LAW OFFICE, PLLC /S/ David S. Gingras David S. Gingras Attorney for Plaintiff

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 4 of 12

1 2 3 4 5 6 7 8 9 10 11 12 13
GINGRAS LAW OFFICE, PLLC 3941 E. CHANDLER BLVD., #106-243 PHOENIX, ARIZONA 85048

CERTIFICATE OF SERVICE

I hereby certify that on October 6, 2011 I electronically transmitted the attached document to the Clerks Office using the CM/ECF System for filing, and for transmittal of a Notice of Electronic Filing to the following: Hartwell Harris, Esq. LAW OFFICE OF HARTWELL HARRIS 1809 Idaho Avenue Santa Monica, CA 90403 Attorney for Defendants Raymond Mobrez Iliana Llaneras and Asia Economic Institute, LLC John S. Craiger, Esq. David E. Funkhouser III, Esq. Krystal M. Aspey, Esq. Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 Attorney for Defendant Lisa J. Borodkin And a courtesy copy of the foregoing delivered to: HONORABLE G. MURRAY SNOW United States District Court Sandra Day OConnor U.S. Courthouse, Suite 622 401 West Washington Street, SPC 80 Phoenix, AZ 85003 /s/David S. Gingras

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 5 of 12

Exhibit A

Page 1 of 1

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 6 of 12

David Gingras
From: Sent: To: Cc: Funkhouser III, David E. [David.Funkhouser@quarles.com] Thursday, September 15, 2011 12:44 PM david@gingraslaw.com Funkhouser III, David E.

Subject: Xcentric Ventures, LLC v. Lisa Jean Borodkin et al.

David Quarles & Brady has been retained by Lisa Borodkin in the abovereferenced matter. I understand that Ms. Borodkin was personally served on August 31, which would put her responsive pleading due on or before Wednesday, September 21. Because we have just been retained in this matter, would you be willing to provide a two week extension for Ms. Borodkin's responsive pleading? If you have any questions, or if you believe this will present a problem, please do not hesitate to email or call. Thank you in advance for your professional courtesy. Very Truly Yours, David
David E. Funkhouser III Attorney Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 www.quarles.com P: (602) 229-5242 F: (602) 229-5690 David.Funkhouser@quarles.com

This electronic mail transmission and any attachments are confidential and may be privileged. They should be read or retained only by the intended recipient. If you have received this transmission in error, please notify the sender immediately and delete the transmission from your system. In addition, in order to comply with Treasury Circular 230, we are required to inform you that unless we have specifically stated to the contrary in writing, any advice we provide in this email or any attachment concerning federal tax issues or submissions is not intended or written to be used, and cannot be used, to avoid federal tax penalties.

10/6/2011

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 7 of 12

Exhibit B

Page 1 of 2

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 8 of 12

David Gingras
From: Sent: To: David, Yes, of course a two week extension is acceptable. Two weeks from 9/21 is 10/5, so I am happy to agree that you can file a responsive pleading on or before Wednesday, October 5th. If you need anything else, please let me know. David S. Gingras, Esq. David@GingrasLaw.com Tel.: (480) 668-3623 Fax: (480) 248-3196 David Gingras [david@gingraslaw.com] Thursday, September 15, 2011 1:01 PM 'Funkhouser III, David E.'

Subject: RE: Xcentric Ventures, LLC v. Lisa Jean Borodkin et al.

From: Funkhouser III, David E. [mailto:David.Funkhouser@quarles.com] Sent: Thursday, September 15, 2011 12:44 PM To: david@gingraslaw.com Cc: Funkhouser III, David E. Subject: Xcentric Ventures, LLC v. Lisa Jean Borodkin et al.

David Quarles & Brady has been retained by Lisa Borodkin in the abovereferenced matter. I understand that Ms. Borodkin was personally served on August 31, which would put her responsive pleading due on or before Wednesday, September 21. Because we have just been retained in this matter, would you be willing to provide a two week extension for Ms. Borodkin's responsive pleading? If you have any questions, or if you believe this will present a problem, please do not hesitate to email or call. Thank you in advance for your professional courtesy. Very Truly Yours, David
David E. Funkhouser III Attorney Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 www.quarles.com P: (602) 229-5242

10/6/2011

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 9 of 12

Exhibit C

Page 1 of 1

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 10 of 12

David Gingras
From: Sent: To: Cc: Funkhouser III, David E. [David.Funkhouser@quarles.com] Monday, October 03, 2011 10:58 AM david@gingraslaw.com Funkhouser III, David E.

Subject: RE: Xcentric Ventures, LLC v. Lisa Jean Borodkin et al. [QBLLP-ACTIVE.FID35645141]

Hi David Would you be willing to provide us with another two week extension in this matter? We are still analyzing the Complaint, and determining how to proceed. Also, we understand the other defendants filed a Rule 12 Motion to Dismiss on Friday, and we need to determine whether we will be joining in that Motion or moving on independent grounds. I apologize in advance for having to request yet another extension, but please let me know your willingness on the above. If you are unwilling to provide the full two week request, please let me know what you might be able to do. I look forward to hearing from you. David
David E. Funkhouser III Attorney Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 www.quarles.com P: (602) 229-5242 F: (602) 229-5690 David.Funkhouser@quarles.com

10/6/2011

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 11 of 12

Exhibit D

Page 1 of 1

Case 2:11-cv-01426-GMS Document 22 Filed 10/06/11 Page 12 of 12

David Gingras
From: Sent: To: Cc: Subject: Funkhouser III, David E. [David.Funkhouser@quarles.com] Tuesday, October 04, 2011 4:35 PM David@GingrasLaw.com Funkhouser III, David E. Xcentric Ventures v. Borodkin, et al. [QBLLP-ACTIVE.FID35645141]

Importance: High Attachments: 10.4.11 Letter to David Gingras.pdf

David Please see the attached letter regarding this matter, as well as the enclosed draft Rule 11 Motion and accompanying filings. As you will see from the letter, we are sending this to you in the hope that our respective clients can avoid any additional legal expenses and costs in this matter. Please review this letter, and accompaniments, and if you would like to discuss, please do not hesitate to email or call. In addition, and because we are required to comply with the twentyone day "safe harbor" provisions contained in Fed. R. Civ. P. 11(c)(2) before filing the Motion, and by way of renewing my request yesterday for an additional extension, please let me know if you are willing to agree to an additional extension in this matter through and until October 31, 2011. We believe this amount of time will allow for the proper review of the attached letter and Motion, with the hope that, again, our respective clients can avoid any additional legal expenses and costs in this matter. Please let me know as soon as possible if you are amenable to such a request. If not, we will file independently with the Court. I look forward to hearing from you. David
David E. Funkhouser III Attorney Quarles & Brady LLP One Renaissance Square Two North Central Avenue Phoenix, Arizona 85004-2391 www.quarles.com P: (602) 229-5242 F: (602) 229-5690 David.Funkhouser@quarles.com

This electronic mail transmission and any attachments are confidential and may be privileged. They should be read or retained only by the intended recipient. If you have received this transmission in error, please notify the sender immediately and delete the transmission from your system. In addition, in order to comply with Treasury Circular 230, we are required to inform you that unless we have specifically stated to the contrary in writing, any advice we provide in this email or any attachment concerning federal tax issues or submissions is not intended or written to be used, and cannot be used, to avoid federal tax penalties.

10/6/2011