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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
THE TAUBMAN COMPANY LIMITED PARTNERSHIP,
Plaintiff,
v. WEBFEATS and HENRY MISHKOFF,
Defendants.
Civil Action No. 01-72987
Hon. Lawrence P. Zatkoff
Magistrate Judge Komives
NOTICE OF DEPOSITION OF HENRY MISHKOFF
PLEASE TAKE NOTICE that commencing at 9:00 a.m., Central Time, on February 7,
2002 at the offices of Joseph R. Reznicek, 400 Katy Building, 701 Commerce, Dallas, Texas
75202, Plaintiff, The Taubman Company Limited Partnership, will take the deposition of Henry
Mishkoff pursuant to the Federal Rules of Civil Procedure in the above-identified action.
Michigan counsel will be participating and conducting the deposition by telephone.
Deponent shall produce the items listed below at the time of the oral deposition.
For purposes of this document request, "document" includes writings, drawings, graphs,
charts, photographs, phono records (including, but not limited to, audio or visual tapes), and other
data compilations from which information can be obtained, translated, if necessary, by the
respondent through detection devices into reasonably usable form. "Websites" shall refer to the
following websites:
www.shopsatwillowbend.com
www.willowbendsucks.com
www.willowbendmallsucks.com
www.shopsatwillowbendsucks.com
www.theshopsatwillowbendsucks.com
www.taubmansucks.com
www.giffordkrassgrohsprinklesucks.com
DOCUMENTS
Copies of all emails, including any Internet message board postings, you have
received that discuss or mention any of the Websites or the dispute over the Websites.
Copies of all emails, including any Internet message board postings, you have
transmitted that discuss or mention any of the Websites, or the dispute over the Websites.
Copies of all written correspondence you have received that discuss or mention the
Websites, or the dispute over the Websites.
Copies of all written correspondence you have mailed or otherwise transmitted to
another person or entity that discuss or mention the Websites or the dispute over the Websites.
Copies of any documents, including emails or written correspondence, requesting,
reporting, or otherwise relating to the number of hits received on any of the Websites.
Copies of any documents, including emails or written correspondence, that you
have received or transmitted that discuss or mention The Shops at Willow Bend or its associated
stores.
Copies of any documents, including, business records, emails or written
correspondence, that you have created, received or transmitted or from another person or entity
that discuss or mention your registration of the following internet domain names, including, but
not limited to, offers or bids to sell, purchase or assign same:
SHOPSATWILLOWBEND.COM
WILLOWBENDSUCKS.COM
WILLOWBENDMALLSUCKS.COM
SHOPSATWILLOWBENDSUCKS.COM
THESHOPSATWILLOWBENDSUCKS.COM
TAUBMANSUCKS.COM
GIFFORDKRASSGROHSPRINKLESUCKS.COM
Copies of any documents, including, business records, emails or written
correspondence, that you have created, received or transmitted or from another person or entity
that discuss or mention your registration of or attempt to register any other domain name not listed
in Number 7 above.
Copies of any documents relating to claims brought by third parties against you or
Webfeats alleging trademark infringement or cybersquatting.
Copies of any documents, including agreements, accounting records, emails, notes
or written correspondence, that you possess or of which you are aware which relate to, mention, or
discuss Donna Hartley or the SHIRTBIZ.COM website, including, but not limited to, all
correspondence, any records of payments to you or by you which relate to SHIRTBIZ.COM,
records of invoices relating to SHIRTBIZ.COM, any document relating to your position as
Administrative Contact for Hartley of Dallas in connection with SHIRTBIZ.COM.
Copies of any documents that discuss your ownership of any trademark.
Copies of any documents that discuss the ownership of any trademark by Webfeats.
All documents relating to any retail store located in the mall, The Shops at Willow
Bend, including any correspondence received from any such retail store, or sent to any such retail
store.
Any documents showing your right to use the pictures and maps of tbs mall, The
Shops at Willow Bend, at one time featured on your Websites, including, without limitation,
documents showing authorship or ownership of the maps and pictures, and how the maps and
pictures were created.
All contracts, or registrations for any domain names owned or created by
Defendants.
All payment records, invoices, or documents otherwise related in any way to any
domain name.
All domain name agreements relating to and involving third patties.
All documents relating to agreements of Webfeats.
All documents relating to payments for web-based services.
All documents including correspondence, emails, notes, etc. relating to Ronald J.
Riley.
The deposition will be by oral examination before a Notary Public or other officer
authorized by law to administer oaths. The testimony will be recorded by stenographic means.
The examination will continue until it is completed, in accordance with the Federal Rules.
Respectfully submitted,
Julie A. Greenberg (P38299)
GIFFORD, KRASS, GROH, SPRINKLE,
ANDERSON & CITKOWSKI, P.C.
280 N. Old Woodward Avenue, Suite 400
Birmingham, MI 48009-5394
(248)647-6000
Fax: (248)647-5210
Attorney for Plaintiff
Date: 1-30-02
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View the Original Notice (in a
separate window)
In addition to the fact that they've given me only a week to
respond (as opposed to the 30 days required by federal rules), there are a couple of other interesting
points that I wanted to make sure that you didn't miss:
They've asked me for all "documents... that you posses or of which you are aware which relate
to, mention, or discuss Donna Hartley..." (Donna, as they're well aware, is my girlfriend; we've been
seeing each other for more than 18 years.) Earlier, they explicitly note that they mean "document" to
include "writings, drawings, graphs, charts, photographs, phono records (including, but not limited to,
audio or visual tapes)..." In other words, they want me to turn over to them not only all of the love
letters that Donna and I have exchanged in the last 18 years, they're hoping that I'll have some
photos and videotapes to go with them! Needless to say, the chances that I'll turn over any
"documents" that are as intensely personal as the ones they seek are exactly zero. If Taubman and
their lawyers are capable of feeling shame, this would be a good time for them to feel ashamed of
themselves.
They've basically asked for all of my business records for the seven years I've been in the Web
business. (I suppose I could ask for all of their business records for all of the years that they've
been in the real estate business, but I'm guessing that they wouldn't honor that request.) While this
isn't quite as despicable as asking me to turn over every letter I've ever received from my
girlfriend, it's just as irrelevant, and it's just as obviously designed to harass me, rather than to
actually gather any useful information.
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