11]29]12 CmaII - FW: ActIvIty In Case 2:11-cv-01426-CMS XcentrIc Ventures LLC v.

8orodkIn et aI Order
1]2 https:]]maII.googIe.com]maII]u]0]ZuI=2&Ik=0d9198I21b&vIew=pt&q=jan smIth&qs=true&search=query&.
Lisa Borodkin <Iborodkin@gmaiI.com>
FW: Activity in Case 2:11-cv-01426-GMS Xcentric Ventures LLC v. Borodkin et
aI Order
Lisa Borodkin <lisa@lisaborodkin.com> Tue, Nov 27, 2012 at 12:40 PM
To: david@gingraslaw.com
Cc: "Lisa J. Borodkin" <lborodkin@zuberlaw.com>, raymond@asiaecon.org, llaneras.mobrez@yahoo.com, liana
<iliana@asiaecon.org>, "Funkhouser , David E." <david.funkhouser@quarles.com>
Bcc: "Jeffrey J. Zuber" <jzuber@zuberlaw.com>
Dear David,
Thank you for meeting and conferring last night and this morning on my proposed motion for a Protective Order
and Motion to Quash my Nonparty Deposition.
As a formal note, am not SURVH in this case through my law firm, although use their address. Thus, Ms. Lopez
is not authorized to accept service for me, and consider service to have been accomplished yesterday,
November 26, 2012, through actual physical receipt of the subpoena and witness fee.
We sincerely and thoroughly attempted to resolve our differences, and concluded that the need for a motion for a
protective order could not be avoided with respect to your nonparty deposition subpoena of me.
stated that would object to each one of the document requests, for the same reason as in my November 6,
2012 correspondence, as well as on grounds of attorney-client privilege, common interest privilege and the
attorney work product doctrine, n addition, will base my motion the grounds of the California reporter's Shield
Law embodied in Article 1, section 2(b) of the California Constitution and California Evidence Code Section 1070,
as well as the reporter's privilege under the First Amendment of the United States Constitution.
As you and Ed Magedson know, am a blogger, web television technology reporter, and a new media journalist.
have been a member of the Los Angeles Press Club and teach new media journalism on a regular basis at
University of Southern California's Annenberg nstitute to candidates for Master's degrees in journalism.
To the extent you seek communications between me and sources for the case or sources for my journalistic
efforts, will invoke both attorney work product and the reporter's shield. You are free to seek the information
from other sources.
We also conferred on your proposed subjects for oral examination. stated that your proposed deposition
subjects are irrelevant and intended to be a fishing expedition for new information to set aside the Court's
November 8, 2012 Order dismissing me from the case.
You identified three possible subjects of relevance to your claims against Mr. Mobrez and Ms. Llaneras.
First, you wanted to examine me on their probable cause for continuing the California Action. stated that all
such information is already in the public record, belongs to them under their attorney-client privilege, or is
protected from discovery under the attorney work product doctrine.
Second, you wanted to examine me on my thinking on each and every allegation in the First Amended Complaint
in the California Action. actually did not sign or file that pleading, but stated that these legal conclusions
pertaining to the filing of that public record have already been decided upon by the Court in its November 8, 2012
Order determining that the claims were not so unreasonable that no reasonable attorney would have continued
them.
Third, you wanted to examine me regarding my communications with witness Jan Smith and others. stated that
you are free to obtain that information from Ms. Smith. However, my investigation was done as a fact gathering
process, and the products are either in the public record as declarations, or are covered by the attorney work
product doctrine.
Case 2:11-cv-01426-GMS Document 155-6 Filed 11/29/12 Page 1 of 2
11]29]12 CmaII - FW: ActIvIty In Case 2:11-cv-01426-CMS XcentrIc Ventures LLC v. 8orodkIn et aI Order
2]2 https:]]maII.googIe.com]maII]u]0]ZuI=2&Ik=0d9198I21b&vIew=pt&q=jan smIth&qs=true&search=query&.
Please let me know if any of the above is inconsistent with our discussions.
Regards,
Lisa Borodkin
[Quoted text hidden]
--
Lisa J. Borodkin
lisa@lisaborodkin.com
323-337-7933
Case 2:11-cv-01426-GMS Document 155-6 Filed 11/29/12 Page 2 of 2