Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page1 of 33
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JASON S. LEIDERMAN, SBN 203336
[email protected]LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Attorney for Plaintiffs
JAMES MCGIBNEY
VIAVIEW, INC
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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)
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Plaintiffs,
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vs.
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THOMAS RETZLAFF, an individual,
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NEAL RAUHAUSER, an individual,
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LANE LIPTON, an individual, and
DOES 1-5, individuals whose true names are not )
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known,
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Defendants.
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JAMES MCGIBNEY, an individual, and
VIAVIEW, INC, a corporation,
Case No.: 5:14-cv-01059 BLF
DECLARATION OF JAMES MCGIBNEY IN
SUPPORT OF PLAINTIFFS OPPOSITION
TO DEFENDANT LANE LIPTONS
SPECIAL MOTION TO STRIKE PURSUANT
TO CAL. CODE CIV. P. 416.25
Hearing Date:
Time:
Place:
18 September 2014
9:00 am
Courtroom 3
DECLARATION OF JAMES MCGIBNEY
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I, James McGibney, declare as follows:
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1. I am a Plaintiff in this suit. I have personal knowledge of the matters in this declaration and, if
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called as a witness, I would testify to them competently.
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2. I submit this declaration in support of my Opposition to Defendant Lane Liptons Special Motion
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to Strike Pursuant to Cal. Code Civ. P. 425.16.
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3. Specifically, the purpose of this declaration is to provide evidentiary support for many of the
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Complaints allegations, and to describe the severe emotional distress I and my family have suffered and
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DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 1
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page2 of 33
continue to suffer at the hands of the defendants in this case, Thomas Retzlaff, Neal Rauhauser, and
Lane Lipton.
4. I am the owner and CEO of ViaView, Inc (ViaView).
5. ViaView operates a number of websites, including BullyVille and CheaterVille (the Websites).
The Websites are dedicated to anti-bully and anti-infidelity, respectively.
6. Combined, ViaView-owned websites average close to one million unique views per month.
7. Like most websites that make money, the Websites generate revenue for ViaView by hosting
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advertisements.
8. In order to reach advertisers, the Websites enter into contracts with advertising partners.
9. At all times relevant to this case, the Websites had contracts with the following advertising
partners:
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a. spokeo.com
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b. lijit.com
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c. advertise.com
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d. godaddy.com
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e. digit covers
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10. In or around April-May 2013, I began receiving menacing and threatening tweets directed
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toward my @BullyVille Twitter account from accounts @OccupyRebellion and @MissAnonNews.
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11. These tweets are set forth in detail in the Complaint, but here are some of the more troubling
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tweets I received from these accounts during the summer and fall of 2013:
a. EVERY SINGLE PERSON LINKED TO BULLYVILLE IS A PEDOPHILE
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AND CHILD ABUSER. YOU JUST ADMITTED SHE NEVER EXISTED.
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#Anonymous
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b. Either Bullyville is sexually exploiting minors. Or hes lying saying she never
existed in order to avoid LAWSUITS. #Anonymous
c. Bullyville and every single piece of trash around him are child abusers who give
real pedo hunters a bad name. #Anonymous
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DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 2
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page3 of 33
d. Neither Mr. McGibney, the personnel at ViaView or any staff at
BullyVille ever threatened to kill anyone. That statement is false.
e. Child predator Bullyville started threatening the lives of the people who
accused AnonChimp SECONDS after hearing the story.
f. If youre a friend of Bullyville, you can rape whoever you want. Hell start
threatening to kill the accuser.
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12. Once the @OccupyRebellion and @MissAnonNews accounts were suspended by Twitter, I
continued to receive the same harassing, threatening, defamatory tweets from a new account,
@MissAnonNews_. This harassment continued through the end of 2013 and into January and February
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of 2014:
a. Bullyville and his minions have been threatening to have people raped &
murdered, stalking their children & getting people fired from jobs.
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b. Only a deadbeat such as BV would go after someones job & livelihood
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when hes never worked a day in his life & relies on others for money.
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c. Blackmailing & extorting hundreds of dollars from people to take down the libel
about them from his revenge porn sites. He then re-posts.
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d. McGibney & the trash around him constantly falsely accusing people of
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being pedophiles but he has the gall to sue when they call him one.
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e. SUE ME CUNT. You cant. It will only get worse for you and your
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hooker wife . . . .
f. You would have to pay your lawyers to come find me. I can get them
pro-bono.
g. JAMES MCGIBNEY IS A PEDOPHILE. [] JAMES MCGIBNEY IS A
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PEDOPHILE. [] JAMES MCGIBNEY IS A PEDOPHILE. [] JAMES
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MCGIBNEY IS A PEDOPHILE.
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h. The McGibney deadbeats run several revenge sites & extortion sites
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where they blackmail people out of hundreds of dollars to take down
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posts.
DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 3
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page4 of 33
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i. Even after they pay Bullyville, he re-posts it back up on hi [sic] sites. That
extortion company has now been hit with a RICO suit.
j. What a great day it would be if someone kicked down their door and
permanently silenced them. Two less revenge porn site owners alive.
k. Pedophile James McGibney has now recruited a white supremacist Sept. 11th
sympathizer AND another man who actually pimps his wife.
l. I hate Twitter and a little bit of me dies every time I login. I want to kill most
people. Starting with BullyVille. F_cking cesspool.
13. It is my firm belief that these three accounts were jointly operated by defendants Neal Rauhauser
and Lane Lipton (who at a minimum, had login credentials to these accounts), among others.
14. The @MissAnonNews operators were motivated in part by Twitters permanent suspension of
their @OccupyRebellion account, for which they blame me.
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15. Other facts further strengthen my belief that I have correctly identified the operators of these
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harassing Twitter accounts. One of these facts is the following: The phone number associated with the
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IP address that was captured ends in 01. Liptons known phone number ends in 01. Presuming a phone
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company assigns all numbers from 00 through 99 evenly, which they do not, there is a 1 in 100% chance
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that the phone numbers last two digits would match Liptons.
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16. Moreover, limited discovery will show that Liptons IP address associated with both the Occupy
Rebellion account and the BV Files blog.
17. Additionally, another blogger that is at odds with Lipton had published months earlier the same
corroborating information tying Lipton to the @OccupyRebellion account.
18. In connection with a Texas State court suit against Retzlaff (mentioned in Complaint 190), the
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users of the @OccupyRebellion, @MissAnonNews, and @MissAnonNews_ accounts submitted a
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motion to quash a subpoena to Twitter.
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19. Santa Clara County Superior Court Judge Derek Woodhouse ordered
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@OccupyRebellion/@MissAnonNews to appear in court on July 29, 2014 to deal with the motion to
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quash; however, nobody appeared.
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DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 4
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page5 of 33
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20. Notably, that same day, the court denied Retzlaffs own Anti-SLAPP motion, which was
premised on much of the same conduct alleged in this case.
21. Based on a brief exchange with Retzlaffs attorney, I believe the State court motion to quash was
drafted by Texas Attorney Jeffrey Dorrell.
22. Dorrell represents Rauhauser in the Texas lawsuit which has been dismissed.
23. Lipton herself, in her declaration, admits to an association with Neal Rauhauser, who currently
has four outstanding warrants for his arrest, though she minimizes her contacts with Rauhauser. Her
Twitter timeline shows regular communication between the two and is available for the public to see. I
believe these facts directly tie Rauhauser and Lipton to the tweets described above.
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24. Defendants statements that I am a pedophile are patently false.
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25. In addition to the Twitter harassment and defamation, Defendants also agreed to engage in a
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concerted effort to financially ruin the Websites by complaining to the Websites advertising partners
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that BullyVille and CheaterVille were revenge porn websites. At the very least Retzlaff continues this
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narrative through today. In the restraining order hearing against Retzlaff resolved in my favor on July
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29, 2014, his papers are pervaded with this narrative that I am a revenge pornographer.
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26. Specifically, Defendant Retzlaff posted several public complaints, including the following:
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a. Using fake names, Retzlaff told celebrity sponsor Dj Ashba that BullyVille and
CheaterVille are revenge porn websites.
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b. Using another fake name, Retzlaff contacted advertising partner Brickhouse
Security, again alleging that CheaterVille and BullyVille are revenge porn sites.
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27. Using yet another fake name, Retzlaff even admitted in an e-mail to ViaViews board of
directors that neither of the Websites host nude images.
28. Retzlaff also directly sent an email to the CEO of one of our advertisers, stating: How would
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you like it if YOUR personal information, and the information about where you live and who your
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family is, were posted on a website? Since we have all of your personal information already, perhaps
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we will and then you will get to see. You dont think other members of your family aren't on Facebook,
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think again.
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DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 5
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page6 of 33
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29. The CEO, knowing that Retzlaff was a convicted felon, interpreted this e-mail as a threat.
Within 24 hours, the CEO pulled his ads from all ViaView owned properties.
30. Defendants Retzlaff, Rauhauser, and Lipton jointly operated bvfiles.wordpress.com, which
specifically stated a desire to ruin the Plaintiffs. Retzlaffs comments were a natural and probable
consequence of the conspiracy that Lipton engaged in.
31. The bvfiles blog, which has since moved to viaviewfiles.wordpress.com, contains a number of
articles repeating the false allegations that (1) I have fraudulently earned my masters degree from
Boston University and that I never attended Harvard Business School for my Executive Education, (2) I
am a pedophile, (3) the Websites are revenge porn sites. Several of these articles are attached hereto
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as Exhibits 1-3.
32. Although the bvfiles.wordpress.com blog was removed earlier this year by Wordpress, the
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administrators of the site saved backups of all their prior posts. That archive is still available on the
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newly-titled blog at http://viaviewfiles.wordpress.com/2014/05/15/yes-were-back-and-we-still-dont-
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care-about-tros/.
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33. Defendants statements that CheaterVille or BullyVille are revenge porn websites are patently
false.
34. As a direct result of the lies spread and harassment towards these advertising partners by the
defendants in this case, several partners have stopped partnering with the Websites.
35. The loss of these partnerships has cost ViaView an estimated $19,300 per month in revenue and
potential investment opportunities.
36. Indirectly, defendants conduct has also damaged relationships with other prospective
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advertisers, has damaged relationships with celebrity sponsors, and has generally tarnished the
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reputation of the Websites, ViaView, and myself personally.
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37. In total, I estimate the personal and business financial damage at over $200,000 and growing.
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38. I am a former United States Marine.
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39. I served tours of duty with the Third Surveillance Reconnaissance Intelligence Group and
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Marine Security Guard Battalion.
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DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 6
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page7 of 33
40. During my service, I provided computer support to Marine Security Guard Battalion and the
State Department in support of 128 United States Embassies. Thanks to this experience, along with
being actively employed within the Information Technology sector for over 20 years, I have detailed
knowledge of computer network and Internet technology.
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41. In March of this year, while investigating who was behind the bvfiles website, a person
sympathetic to me devised a ruse to identify the administrators of the site.
42. This sympathetic person created a new website that looked identical to the
bvfiles.wordpress.com website at bvfiies.wordpress.com, then broadcast a message on Twitter
suggesting that the bvfiles site was down. That Twitter message linked not to the bvfiles site, but to the
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bvfiies site.
43. Soon after the ruse site was operational, someone attempted to log in to the fake site as an
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administrator. The operator of the ruse site collected forensic information about that attempted login. It
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is attached hereto as Exhibit 4.
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44. After reviewing that forensic information, I was convinced that Defendant Lane Lipton was the
person who attempted to login to the fake site as an administrator, based on the following:
a. Someone located in Roslyn, N.Y.Liptons place of residenceclicked on the
link to the fake site.
b. Since the site appeared to this user to be inoperative, the user reloaded the site to
verify.
c. The user then logged into a Virtual Private Network (VPN) service in an
attempt to obscure the users Roslyn, N.Y. network address.
d. Using that obscured network address, the user then proceeded to attempt to log
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into the fake site as a site administrators using the e-mail address
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[email protected].
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e. Because of the nature of connection-tracking technology, the fake site was able to
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confirm that the administrators login attempt was made by the same computer as
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the initial check to see if the site was truly down.
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DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 7
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
Case5:14-cv-01059-BLF Document22-1 Filed07/31/14 Page8 of 33
f. The evidence even corroborates publicly available information about Liptons
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phone number and her IP address.
g. This evidence strongly demonstrates that someone connecting from Roslyn, N.Y.,
using the e-mail address [email protected], believed that they would be able
to log in as an administrator to the bvfiles.wordpress.com blog.
h. I know of no one else in Roslyn, New York that has a vendetta against me besides
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Lane Lipton.
45. As a direct result of the sustained harassment of Defendants, I have suffered enormous personal
emotional stress.
46. Comments on the blog that Lane had administrative rights to, therefor, was a moderator for those
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comments, include but are not limited to: James McGibney is a pedophile, are his kids safe when
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theyre around him? (This particular post was accompanied by a picture of Mr. McGibneys three
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minor children, all under the age of 5.)
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47. Another post included Mr. McGibneys home address and stated Heres Mr. McGibneys home
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address on (redacted). Aryan Brotherhood, go and get him. This chilling comment went through
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moderation on the blog that Lane Lipton had administrative privileges to, therefore had the ability to
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remove it. Moreover, as a co-conspirator, she was liable for the conduct of her other conspirators, as
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these comments were natural and probable consequences of this conspiracy. It was judicially
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determined at the restraining order hearing on July 29, 2014 that it was Retzlaff that was behind those
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particular death threats. Retzlaff is a convicted felon with a violent past and a prolific internet stalker,
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harasser and maker of threats.
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48. Another comment: You want real revenge? How about taking money out of some mans pocket
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and food off his table? How about making it so no one will ever hire him again? Or, how about making
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him fear for the life of his wife & children every time they step outside the house? Or reach for a
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weapon under his pillow because he hears a strange noise in the middle of the night? Or keep watch out
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his window when he sees a car drive by his home slowly too many times? Or worry about who is
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standing behind him in the line at 7/11 or Costco and what they might have in their pocket? Now thats
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REAL revenge.
DECLARATION OF JAMES MCGIBNEY
IN SUPPORT OF OPPOSITION TO
DEFENDANT LANE LIPTONS MOTION TO STRIKE
Page 8
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: 805-654-0200
Fax: 805-654-0280
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