Bruce Judd
WRIGHT JUDD & WINCKLER
2 302 East Carson, Third Floor
3 Las Vegas, Nevada 89101
4 Attorneys for First Concorde Securities, Lid.
5
6
UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF NEVADA
8
9
I0 )
AMAZON NATURAL TREASURES, INC. )
11 a Nevada Corporation. TITAN INVESTMENTS a )
12 Sole Proprietorship and GARY SYLVER )
)
13 Plaintiffs, ) Case No. CV-S-98-01247-LDG (RLH)
15 )
JOSEPH ANDY MANN, FIRST CONCORDE )
16 SECURITIES LTD.. WHITECLIFFE )
INVESTMENT FUND LTD., SHORELINE )
17 SECURITIES, LTD., CANACCORD CAPITAL )
18 CORP., CITIBANK, and JB OXFORD, )
)
19 Defendants, )
)
2O
FIRST CONCORDE SECURITIES' SUPPLEMENT TO ITS OPPOSITION
21 TO MOTION FOR PRELIMINARY INJUNCTION
22
Defendant First Concorde Securities Ltd. ("First Concorde") supplements its November 23,
23
24 l998 opposition to the motion of plaintiffs Amazon Natural Treasuries, Inc., Titan Investments and Gary
25 Sylver (collectively referred to as "Amazon"). First Concorde attaches to this supplement the affidavit
of Ray Ridge, First Concorde's corporate lawyer in the United States (Orange County, California), who
27 testifies that he has not engaged in any conduct which has violated this Court's Order.
28
man/ama b2318.pld 1
I First Concorde also attaches as Exhibit C a print-out of an article sent on the inter-net, This
2 article rebuts entirely Amazon's inadmissible speculation at paragraph 14, page 4 of Sylver's affidavit
$
in which he speculates that "Janice Shell" is "in the employee [sic] of the Defendants ....' In Sylver's
4
paragraph 19, he asserts that "Janice Shell posts on the Internet that there is to be a fire bombing at
5
6 Amazon's office." (Ex. C at p. 1)
7 The article, however, describes Janice Shell as "The unofficial queen of the
8 cybervigilantes", or in other words "ordinary online investors who have taken to policing their territory
9
themselves ....relentless about exposing cybecscamsters, or anyone operating online who appears the
10
least bit dubious." (Ex. C at p. 1 ) The article describes Ms. Shell as "a 50-year-old art historian who
11
12 lives in Milan and got hooked on busting online con men after she was burned in an Internet Investment
13 scheme two years ago." (Ex. C at p. t)
14 Amazon's difficulties with Shell has nothing to do with the defendants. Rather, it appears that
if Amazon is the focus of Shell, it is because she believes that Amazon is a "cyberscamster" or at best
16
"dubious." Shell. however, is not an employee of First Concorde and has nothing to do with First
18 Concorde or apparently any other defendant. Not only are Sylver's comments inadmissible speculation
19 imputing to First Concorde and the other defendants conduct attributable to Shell, but Sylver is either
20 mistaken or intentionally misleading the Court regarding Shell's non-existent relationship with First
21
Concorde and the other defendants. In either event, none of Amazon's arguments arising from
22
allegations pertaining to Shell can be grounds for a preliminary injunction against First Concorde.
23
24 First Concorde again respectfully urges the Court to deny Amazon's latest motion and to enter
25 an order which decides First Concorde's pending motions. If the Court intends to continue its existing
26 injunction, that the Court compel Amazon to deposit an appropriate bond to compensate First Concorde
27 for all of the damage it has suffered by reason of Amazon's actions in this case, Sylver's and Amazon's
28
man/ama b2318.pld 2
1 breach of the Court's order and their baseless allegations against the lawyers and the defendants in
2 Amazon's motion for a preliminary injunction still warrants an award of attorney's fees to be awarded
3
to First Concorde.
4
Dated: January 8, 1999
5
6
8 Bruce Judd
9
l0
3
AFFIDAVIT OF RAYMOND L. RIDGE
STATE OF CALIFORNIA )
) ss:
COUNTY OF ORANGE )
Raymond L Ridge testifies as follows:
1. I serve First Concorde Securities Ltd. as its U.S. corporate and securities lawyer for
purposes of coordinating the efforts to resolve the dispute between First Concorde Securities Ltd.
and Amazon Natural Treasuries, Inc. I am competent to testify, and I have personal knowledge of
the facts stated in this affidavit.
2. I have not engaged in any conduct which violates the Order of this Court issued on
October 2, 1998.
3. I have not engaged in any conduct which Michael Sylver attributes to unnamed
defendants' attorneys in paragraph 26 and 27 of his affidavit.
Raymond L. Ridge
Subscribed and Sworn to before me
this 23rd day of November 1998.
Notary Public in and for Said County and State |
