Case docket: Ellis v.

Aronson, et al

http://ia701204.us.archive.org/24/items/gov.uscourts.gand.24433/gov.usc...

Case details
Court: Docket #: Case Name: PACER case #: Date filed: Date terminated: Assigned to: Case Cause: Nature of Suit: Jury Demand: Jurisdiction: gand 1:03-cv-03086 Ellis v. Aronson, et al 24433 2003-10-10 2005-07-29 Judge Richard W. Story 28:1338 Copyright Infringement 820 Copyright Plaintiff Federal Question

Parties
Represented Party Attorney & Contact Info
Brett A. Spain Willcox & Savage One Commercial Place 1800 Bank of America Center Norfolk, VA 23510-2197 757-628-5534 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Conrad M. Shumadine Willcox & Savage One Commercial Place 1800 NationsBank Center Norfolk, VA 23510-2197 757-628-5525 Email: cshumadine@wilsav.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Linda M. Ellis Plaintiff doing business asLinda's Lyrics

Gary A. Bryant Willcox & Savage, P.C. 1800 Bank of America Center Norfolk, VA 23510 757-628-5520 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark Alan Kelley Kitchens Kelley Gaynes, P.C. 3495 Piedmont Road, N.E. 11 Piedmont Center, Suite 900 Atlanta, GA 30305 404-237-4100 Email: mkelley@kkgpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric J. Aronson Defendant

Michael B. Butler Office of Michael B. Butler 150 East Ponce de Leon Avenue Suite 250 Decatur, GA 30030 404-377-9254 Email: lawmbb@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dash Systems, Inc. Defendant

Michael B. Butler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents
Date Filed Document # Attachment # Short Description Long Description COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to Upload date SHA1 hash

2003-10-10

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attorney; jury demand FILING FEE $ 150.00 RECEIPT # 512298 (lme) (Entered: 10/14/2003) MOTION by plaintiff for emergency hearing , for preliminary injunction with brief in support and proposed order. (To RWS) (lme) (Entered: 10/14/2003) Application for admission of Conrad M. Shumadine pro hac vice for plaintiff. (To RWS) (lme) (Entered: 10/16/2003) ENDORSED ORDER by Judge Richard W. Story GRANTING [3-1] pro hac vice application for Conrad M. Shumadine. (cc) (lme) (Entered: 10/23/2003) Notice of hearing on pla's motion for temporary injunction on 10/30/03 at 10:00am or as soon thereafter as pla may be heard. (lme) (Entered: 10/28/2003) Motion HEARING held before Judge Richard W. Story on 10/30/03 re: pla's 2 motion for preliminary injunction. Court will take under advisement. Court orders the dft to cease using the pla's poem on the internet. (lme) (Entered: 11/04/2003) Attorney appearance for defendants by Michael B. Butler. (lme) (Entered: 11/04/2003) Affidavit by defendant Eric J. Aronson in opposition to pla's [2-2] motion for preliminary injunction. (lme) (Entered: 11/04/2003) ORDER by Judge Richard W. Story GRANTING nunc pro tunc pla's [2-1] motion for emergency hearing, DENYING pla's [2-2] motion for preliminary injunction. (cc) (lme) (Entered: 11/06/2003) AMENDED COMPLAINT by plaintiff (jdb) (Entered: 12/12/2003) ANSWER by defendant to complaint [10-1], [1-1] Discovery ends 5/9/04 (vs) (***ANSWER STRICKEN PER 40 ORDER FILED 11/18/04***) (epm). (Entered: 12/12/2003) ANSWERS TO INITIAL DISCLOSURES by plaintiff. (lme) (Entered: 01/15/2004) Joint Preliminary Report and Discovery Schedule. (To RWS) (lme) (Entered: 01/30/2004) Certificate of service of discovery as to plaintiff (vs) (Entered: 03/01/2004)

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MOTION by plaintiff to compel dfts to respond completely to outstanding discovery requests with brief in support and affidavit of Conrad M. Shumadine attached. (jdb) (Entered: 04/27/2004) ENDORSED ORDER by Judge Richard W. Story APPROVING [13-1] preliminary statement (cc) (fmm) (Entered: 05/14/2004) Response by defendants to [15-1] motion to compel dfts to respond completely to outstanding discovery requests (jdb) (Entered: 05/17/2004) Reply brief to [15-1] motion to compel dfts to respond completely to outstanding discovery requests by plaintiff with affidavit of Conrad M. Shumadine. (epm) (Entered: 05/25/2004) MOTION by defendant for summary judgment with brief in support, statement of material facts and exhibits. (ntc to counsel) (epm) Modified on 05/26/2004 (Entered: 05/26/2004) MOTION by defendants for oral argument (epm) (Entered: 05/26/2004) Offer of judgment by defendants. (fmm) (Entered: 06/02/2004) CONSENT ORDER by Judge Richard W. Story extending time thru 06/25/04 for pla to file her memorandum in opposition to the motion for sum jgm, [19-1] motion for summary judgment to be submitted on 6/26/04 (cc) (jdb) (Entered: 06/18/2004) Memorandum by plaintiff in opposition to [19-1] motion for summary judgment w/ statement of material facts and declaration of Linda M. Ellis and affidavit of Mark A. Kelley (epm) (Entered: 06/28/2004) REPLY BRIEF in Support of re 19 Motion for Summary Judgment filed by defendants. (epm) (Entered: 07/19/2004) ORDER granting 15 Motion to Compel. Defendants are ordered to serve complete responses to the discovery requests within ten days of the entry of the Order. Further, Pla is awarded reasonable attorney's fees for the bringing of this motion. Counsel shall submit a statement of fees w/in 10 days of the entry of this Order; and Dfts' Objections 5 days thereafter . Signed by

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Judge Richard W. Story on 8/16/04. (epm) (Entered: 08/23/2004) MOTION to Withdraw Michael B. Butler as Attorney w/ Proposed Order filed by defendants. (epm) (Entered: 08/25/2004) ORDER granting 26 Motion of Michael B. Butler to Withdraw as Counsel for Defendants. Signed by Judge Richard W. Story on 08/26/04. (cc & dfts) (dfb) (Entered: 08/31/2004) ORDER vacating 27 Order permitting attorney Michael Butler to withdraw as counsel for defendants and Setting Hearing on 26 MOTION to Withdraw as Counsel filed by Michael B. Butler. Motion Hearing set for 9/17/2004 at 02:30 PM in Courtroom 2105 before Judge Richard W. Story. Signed by Judge Richard W. Story on 09/03/04. (dfb) (Entered: 09/07/2004) AFFIDAVIT in Opposition to 26 MOTION to Withdraw Michael B. Butler as Attorney filed by defendants. (epm) (Entered: 09/08/2004) NOTICE Of Filing Statement of Fees in connection w/ 15 Motion to Compel filed by Linda M. Ellis. (epm) (Entered: 09/10/2004) AFFIDAVIT of Gary A. Bryant filed by Linda M. Ellis. (epm) (Entered: 09/10/2004) CERTIFICATE OF SERVICE as to service of Statement of Fees & Affidavit of Gary A. Bryant filed by Linda M. Ellis (epm) (Entered: 09/10/2004) MOTION to Strike Defendants' 11 Answer and Enter a Default Judgment by Linda M. Ellis. (Attachments: #(1) Affidavit of Conrad M. Shumadine and #(2) Exhibit A to Affidavit of Conrad M. Shumadine)(dfb) (Entered: 09/21/2004) Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 9/17/2004 re 26 MOTION by Michael B. Butler to Withdraw as Attorney for defendants. The Court denied the motion and directed defendants to produce discovery documents. Written status report due in 10 days. (Court Reporter, Darla Coulter)(dfb) (Entered: 09/21/2004) ORDER denying 26 Motion by Michael B. Butler to Withdraw as Counsel for Defendants. Signed by Judge

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Richard W. Story on 09/21/04. (dfb) (Entered: 09/21/2004) MEMORANDUM in Opposition to 33 MOTION for Sanctions & to Strike Pleadings, filed by Eric J. Aronson and Dash Systems, Inc.. (epm) (Entered: 10/05/2004) REPLY MEMORANDUM in Support of 33 MOTION to Strike Answer & Enter a Default Judgment against Defendants, filed by Linda M. Ellis. (epm) (Entered: 10/13/2004) AFFIDAVIT of Mary Hartman, filed by Linda M. Ellis. (epm) (Entered: 10/13/2004) AFFIDAVIT of Conrad M. Shumadine, filed by Linda M. Ellis. (Attachments: # 1 Affidavit - Exhibit A# 2 Affidavit - Exhibit B# 3 Affidavit - Exhibit C)(epm) (Entered: 10/13/2004) ORDER granting 33 Motion to Strike Answer and granting Motion for Default Judgment. Signed by Judge Richard W. Story on 11/18/04. (epm) (Entered: 11/22/2004) ORDER denying as moot 19 Motion for Summary Judgment, denying as moot 20 Motion for Oral Argument. Parties are Ordered to appear January 6, 2005 at 11:30 a.m. in Courtroom 2105 for a hearing to determine the appropriate relief to be awarded to Plaintiff. Signed by Judge Richard W. Story on 12/3/04. (rag) (Entered: 12/03/2004) MOTION for Leave to File Motion for Reconsideration of Nov. 22, 2004 Order Striking Defendants' Pleadings and Supporting Brief filed by Eric J. Aronson and Dash Systems, Inc.. (epm) (Entered: 12/09/2004) BRIEF in Opposition to 42 MOTION for Leave to File Motion for Reconsideration filed by Linda M. Ellis. (epm) (Entered: 12/14/2004) MOTION for Continuance by Linda M. Ellis. (Kelley, Mark) Docket text modified on 1/20/2005. (dfb) (Entered: 12/27/2004) MEMORANDUM in support of MOTION for Continuance by Linda M. Ellis. (Kelley, Mark) Docket text modified on 1/20/2005. Document was filed as a motion; document is a memorandum in support of motion. (dfb) (Entered: 12/27/2004)

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APPLICATION for Admission of Gary A. Bryant, Pro Hac Vice filed by Linda M. Ellis.Filing Fee received $150.00, Receipt #531567. (epm) (Entered: 01/10/2005) ORDER granting 46 Application for Admission for Gary A. Bryant, Pro Hac Vice . Signed by Judge Richard W. Story on 1/13/05. (epm) (Entered: 01/14/2005) NOTICE of Hearing: Hearing set for 3/24/2005 02:30 PM in Courtroom 2105 before Judge Richard W. Story. (rag) (Entered: 02/18/2005) CONSENT ORDER as to scheduling conflict with the damages hearing set for 3/24/05. Signed by Judge Richard W. Story on 3/23/05. (rag) (Entered: 03/24/2005) NOTICE of Hearing: Hearing set for 5/9/2005 03:00 PM in Courtroom 2105 before Judge Richard W. Story. (rag) (Entered: 04/29/2005) ORDER DENYING 42 Motion for Leave to File Motion for Reconsideration of Nov. 22, 2004 Order Striking Defendants' Pleadings. The Clerk is DIRECTED to remove 44 Motion for Continuance from the pending motions list, as the matter has already been addressed by the Court. Signed by Judge Richard W. Story on 5/4/2005. (sjk) (Entered: 05/04/2005) APPLICATION for Admission of Brett A. Spain Pro Hac Viceby Linda M. Ellis.Filing Fee received: $150.00; Receipt #536634. (Attachments: # 1 Text of Proposed Order)(sjk) (Entered: 05/06/2005) ORDER granting 52 Application for Admission Pro Hac Vice: Brett A. Spain . Signed by Judge Richard W. Story on 5/9/05. (rag) (Entered: 05/09/2005) Minute Entry for proceedings held before Judge Richard W. Story: Damages Hearing held on 5/9/2005. Witness Linda M. Ellis sworn and testified. Plaintiff's Exhibits 1 through 15 ADMITTED. Defendant's Exhibits 1 through 3 ADMITTED. The Court takes the Plaintiff's 33 Motion for Default Judgment UNDER ADVISEMENT. (Court Reporter Sharon Upchurch.)(sjk) (Entered: 05/11/2005) ORDER awarding statutory damages on Count I of

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Plaintiff's Complaint in the amount of $150,000. The Court exercises its discretion in favor of awarding Plaintiff costs and attorney's fees pursuant to 17 USC 505. Plaintiff is DIRECTED to comply with the procedures established in LR 54.2 NDGa to assist the Court in fixing the appropriate amount of such an award. Defendants are hereby permanently ENJOINED, for the life of the copyright of the Work, from further infringement of the copyrighted Work. The Court concludes that the relief provided above is sufficient to make Plaintiff whole and to deter Defendants from engaging in further unlawful misappropriation of Plaintiff's intellectual property. Signed by Judge Richard W. Story on 5/19/2005. (sjk) (Entered: 05/20/2005) MOTION for Order to Show Cause by Linda M. Ellis. (Attachments: # 1 Affidavit Affidavit of Conrad M. Shumadine in Support of Motion to Show Cause) (Kelley, Mark) (Entered: 05/31/2005) MOTION for Attorney Fees [NOTE: EXHIBIT "B" too voluminous to file electronically - therefore Motion with all exhibits is being physically filed as well] by Linda M. Ellis. (Attachments: # 1 Exhibit "A"# 2 Exhibit "B"# 3 Bill of Costs)(Kelley, Mark) (Entered: 05/31/2005) EXHIBIT B to 57 MOTION for Attorney Fees by Linda M. Ellis. (sjk) (Entered: 06/01/2005) NOTICE of Hearing on Motion re: 56 MOTION for Order to Show Cause.Motion Hearing set for 6/9/2005 02:30 PM in Courtroom 2105 before Judge Richard W. Story. (rag) (Entered: 06/01/2005) MOTION for Extension of Time to File Notice of Appeal and Supporting Memorandum by Eric J. Aronson and Dash Systems, Inc. (sjk) (Entered: 06/01/2005) Brief in Opposition to 56 MOTION for Order to Show Cause filed by Eric J. Aronson, Dash Systems, Inc.. (dcs) (Entered: 06/14/2005) BRIEF in Opposition to 57 MOTION for Attorney's Fees filed by Eric J. Aronson and Dash Systems, Inc. (sjk)

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(Entered: 06/15/2005) NOTICE OF APPEAL as to 55 Order, by Eric Aronson and Dash Systems, Inc. Filing fee $ 255, receipt number 538280. Transcript Order Form due on 6/28/2005 (fem) Modified on 6/15/2005 to correct filer. (fem). (Entered: 06/15/2005) REPLY BRIEF re 57 MOTION for Attorney Fees [NOTE: EXHIBIT "B" too voluminous to file electronically - therefore Motion with all exhibits is being physically filed as well] ["REPLY MEMORANDUM IN SUPPORT OF MOTION FOR ATTORNEYS' FEES AND COSTS"] filed by Linda M. Ellis. (Kelley, Mark) (Entered: 06/15/2005) ORDER GRANTING 60 Motion for Extension of Time to File Notice of Appeal for 30 days. Signed by Judge Richard W. Story on 6/15/2005. (sjk) (Entered: 06/16/2005) AFFIDAVIT OF CONRAD M. SHUMADINE by Linda M. Ellis. (Kelley, Mark) (Entered: 06/17/2005) MOTION for Hearing re 66 Affidavit OF CONRAD M. SHUMADINE by Linda M. Ellis. (Kelley, Mark) (Entered: 06/21/2005) USCA Acknowledgment re 63 Notice of Appeal filed by Linda M. Ellis. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 06/27/2005) TRANSCRIPT ORDER FORM by Linda M. Ellis for proceedings held on May 9, 2005 before Judge Story re 63 Notice of Appeal, Court Reporter: Sharon Upchurch. Case Appealed to USCA Case Number 05-13347-J. Financial Arrangements due on 7/11/2005. (fem) (Entered: 06/27/2005) ORDER GRANTING 67 Motion for Hearing and Additional Relief. Hearing set for 7/14/2005, at 9:00 AM in Courtroom 2105 before Judge Richard W. Story.The Court RESERVES RULING on Plaintiff's 56 Motion for Order to Show Cause and 57 Motion for Attorney Fees. Signed by Judge Richard W. Story on 7/11/2005. (sjk) (Entered: 07/11/2005) Minute Entry for proceedings held before Judge Richard W. Story : Motion Hearing held on 7/14/2005 re 56 MOTION for Order to Show Cause

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filed by Linda M. Ellis,. (Court Reporter Sharon Upchurch.)(rag) (Entered: 07/14/2005) ORDER DENYING 56 Motion for Order to Show Cause and GRANTING 57 Motion for Attorney Fees. Plaintiff is entitled to collect from Defendants attorneys' fees and costs in the amount of $114,066.73. Signed by Judge Richard W. Story on 7/14/2005. (sjk) (Entered: 07/14/2005) Financial Arrangements Completed re 63 Notice of Appeal filed by Linda M. Ellis. Case Appealed to USCA Case Number 05-13347-J. Transcript due by 8/12/2005. (fem) (Entered: 07/15/2005) TRANSCRIPT of Damages Hearing Proceedings held on 5/9/2005 before Judge Richard W. Story. Court Reporter: Sharon D. Upchurch. Certificate of Readiness due on 8/11/2005 (sjk) (Entered: 07/29/2005) CLERK'S JUDGMENT in favor of Plaintiff and against Defendants in the amount of $150,000 statutory damages, plus $114,066.73 attorneys' fees. (sjk) --Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-(Entered: 07/29/2005) Certified copy of CERTIFICATE OF READINESS transmitted to USCA re 63 Notice of Appeal. Case Appealed to USCA Case Number 05-13347-J. (3 vol. pleadings, 1 transcript) (fem) (Entered: 09/01/2005) USCA Acknowledgment of certificate of readiness re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 09/13/2005) FORTHWITH LETTER from USCA re: 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Eleventh Circuit Case Number 05-13347-JJ. Appeal Record due by 10/24/2005. (ckd) (Entered: 10/12/2005) AFFIDAVIT of Brett A. Spain by Linda M. Ellis. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit A to

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15# 17 Exhibit B to 15 - Part 1# 18 Exhibit B to 15 - Part 2# 19 Exhibit C to 15# 20 Exhibit D to 15# 21 Exhibit E to 15# 22 Exhibit F to 15# 23 Exhibit G to 15# 24 Exhibit H to 15# 25 Exhibit I to 15# 26 Exhibit J to 15# 27 Exhibit K-1 to 15# 28 Exhibit K-2 to 15# 29 Exhibit K-3 to 15# 30 Exhibit K-4 to 15# 31 Exhibit K-5 to 15# 32 Exhibit K-6 to 15# 33 Exhibit K-7 to 15# 34 Exhibit K-8 to 15# 35 Exhibit K-9 to 15# 36 Exhibit K-10 to 15# 37 Exhibit K-11 to 15# 38 Exhibit K-12 to 15# 39 Exhibit K-13 to 15# 40 Exhibit 16# 41 Exhibit 17# 42 Exhibit 18# 43 Certificate of Service)(sjk) (Entered: 10/20/2005) NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Mark Alan Kelley. (sjk) (Entered: 10/20/2005) Certified copy of CERTIFICATE OF READINESS transmitted to USCA re 63 Notice of Appeal. Case Appealed to USCA Case Number 05-13347-J (fem) (Entered: 10/21/2005) Certified and Transmitted Record on Appeal to US Court of Appeals re 63 Notice of Appeal Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/21/2005) USCA Acknowledgment re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/31/2005) USCA Acknowledgment of record on appeal re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/31/2005) USCA Acknowledgment of 1 supplemental vol. pleading (exhibits) re 63 Notice of Appeal filed by Linda M. Ellis,. Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 10/31/2005) Appeal Record Returned: 63 Notice of Appeal Case Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 01/09/2006) Certified copy of JUDGMENT of USCA AFFIRMING the decision of the District Court re: 63 Notice of Appeal filed by Linda M. Ellis. Case

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Appealed to USCA Case Number 05-13347-J. (fem) (Entered: 01/09/2006)

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Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 1 of 60

ORIGINAL

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Atlanta Division

RED IN CLEW, U.S.D . e

LINDA M. ELLIS, d/b/a Linda's Lyrics Suite E-135 1050 E. Piedmont Road Marietta, Georgia 30062 Plaintiff,
v. ERIC J . ARONSON 14 Applegreen Drive

wrrW-R .

OCT 1 0 2003

s, Cr

Civil Action No . JURY TRIAL DEMANDED

Old Westbury, New York 1156 and DASH SYSTEMS, INC . a New York corporation, 85 Monroe Drive Mastic Beach, New York 11951 Defendants

1 : 03- C U -30 86 RWS

COMPLAINT Plaintiff Linda M. Ellis, doing business as Linda's Lyrics, ("Ms . Ellis") by and through counsel, alleges for her Complaint against defendants Eric J . Aronson ("Mr . Aronson") and Dash Systems, Inc. ("DSI") (Mr. Aronson and DSI, collectively, "Defendants") as follows: Nature of Action Ms. Ellis brings this suit for temporary and permanent injunctive relief, damages (including actual and punitive damages, costs, and fees and expenses of attorneys and other professionals), and other appropriate relief, arising out of, among other things, Defendants' :
EON RECEIY~ Consent 70 US Mag Pretrial Instructions Tithe VII NTC

ssazzi_i i oioaioa

Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 2 of 60

Fraudulent acts and omissions concerning Defendants' intended use of her copyrighted poem "The Dash"; " " " " " " Unauthorized reprinting of Ms . Ellis's copyrighted poem "The Dash" in Mr. Aronson's book DASH; Unauthorized posting of "The Dash" on Defendants' web site http ://www.dashlive.com; Unauthorized posting of "The Dash" on Defendants' web site http://www .livingthedash .com ; Mr. Aronson's unauthorized creation of the book DASH as a literary work derived from "The Dash"; Defendants' deceptive trade practices ; and Unjust enrichment of Defendants .

As a result of these and other wrongful actions by Defendants, Ms. Elfin brings claims against Mr. Aronson, DSI, and/or Defendants for fraud, copyright infringement, deceptive trade practices, and unjust enrichment under federal and state law . Ms . Ellis seeks both injunctive and monetary relief Further, to deter Defendants from engaging in this or similarly egregious conduct in the future, Ms . Ellis requests that the Court enter an Order requiring Defendants to pay appropriate and substantial punitive damages to Ms. Ellis in addition to the damages that she has already suffered as the result of Defendants' misconduct and that the Court also award Ms . Ellis her costs and the reasonable fees and expenses of attorneys and other professionals that she incurred in bringing this action . The Parties Linda M. Ms . Ellis 1. Ms . Ellis is a U .S . citizen over the age of 1 S years who resides in Marietta,

Georgia, and doing business as Linda's Lyrics, also maintains an office there. 2. Ms. Ellis is a full-time, professional author who writes primarily poetry and has

published several books.

saszzi i
10/08/03

Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 3 of 60

3.

In 1996 Ms. Ellis wrote what has become probably her most famous work to date:

the poem "The Dash ;" a copy of which is attached hereto as Exhibit A. 4. Effective June L 5, 1998, Ms. Ellis registered the copyright in "The Dash" with the

U.S. Copyright Office ; a copy of the registration certificate, No. TX u 858-108, is attached hereto as Exhibit B . 5. "The Dash" is an inspirational poem that uses the dash between the birth and

death dates on a person's tombstone as a metaphor for life: "For that dash represents all the time/that she spent alive on earth." 6. Upon information and belief, nn prior literary work in the English language uses

the dash on a tombstone as such a metaphor . 7. Ms . Ellis's poem leads the reader to think about what is really important in life :

"For it matters not, how much we own,/the cars . . . the house . . . the cash,/What matters is how we live and love/and how we spend our dash ." 8. "The Dash" has touched the lives of tens--and perhaps hundreds-of thousands

of people and has been reprinted, with Ms. E1Gs's permission and proper attribution to her as the author and copyright owner of the poem, in a number of books, including philosophical works and textbooks as well as volumes of poetry . 9. Ms. Ellis and her poetry, especially "The Dash," have been featured on dozens on

television and radio programs and reported on in several national magazines, including Family Circle and U.S. News & World Report . 10. Ms. Ellis enjoys a sterling reputation as a person as well as a professional author,

and her poetry, especially -The Dash" is highly regarded by her fellow writers as well as members of the general public .

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Eric J. Aronsoo

11 .

Mr. Aronson is a U .S . citizen over the 18 years who, upon information and belief,

resides in Old Westbury, New York . 12 . Mr. Aronson is a convicted felon, having served three years in federal prison for

criminal conspiracy, securities fraud, and wire fraud in connection with his role in the fraudulent sale of shares in a company that he owned . 13 . Since being released from federal prison Mr. Aronson has become a self-

described "life coach and motivational speaker." 14. Mr. Aronson is the founder of Dash Systems, Inc., and serves as the company's

president and chief executive officer. 15 . In connection with the activities described in the preceding paragraph Mr.

Aronson wrote the self-help book DASH, International Standard Book Number ("ISBN") 09742493-0-0, published in 2003 by TumKey Press, and is now writing a self-help book entitled DASHING Through Your Diet .
Dash Systems, Inc .

16 . 17 .

DSI is a New York corporation formed in 2002 . The records of the New York Department of State indicate that DSI's address for

service of process is 85 Monroe Drive, Mastic Beach, New York 11951 ; however, the

company's web site (http://www.dashlive.com) lists DSI's address as Suite 420, 990 Stewart Avenue, Garden City, New York 11530. 18. Upon information and belief DSI is the corporate vehicle through which Mr.

Aronson acts as a life coach and motivational speaker. 19. Mr. Aronson's book DASH describes DSI as "a company devoted to helping

people realize their dreams and make the most of their lives." saazzi i 10/08/03
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Jurisdiction and Venue 20. This Court has subject-matter jurisdiction over this action pursuant to 28 U.S .C .

§ 1331, and such jurisdiction is exclusive of state courts pursuant to 28 U .S.C . § 1338, in that this action arises under the U.S. Copyright Act of 1976, as amended, 17 U.S .C . § 101 e1 seq. 21 . The Court also has subject-matter jurisdiction over this action pursuant to 28

U .S.C . § 1332(a)(1), in that complete diversity of citizenship exists between Ms . Ellis and Defendants and the amount in controversy exceeds $75,000, exclusive of interest and costs. 22 . The Court has pendent jurisdiction over the state-law claims in this action in that

the federal and state claims constitute a single constitutional case and the same evidence will prove both sets of claims .
23 . Venue is proper in this Court pursuant to 28 U .S .C . § 1391(6)(2), in that a

substantial part of the events giving rise to the claims occurred within the Northern District of Georgia, including the ongoing marketing, advertising, promotion, offering for sale, and sale of DASH in the Atlanta Division of the Northern District of Georgia, and a substantial part of the property-Ms. Ellis's copyright in "The Dash"-that is the subject of the action is situated there.
Defendants' Illegal Conduct

24.

In or about early May 2003 Mr. Aronson telephoned Ms. Ellis to ask her

permission to reprint "The Dash" in a book that he said he was writing but had not yet tided. 25 . Mr. Aronson failed to tell Ms . Ellis that he was a convicted felon who had served

time in prison for, among other things, fraud . 26. He fraudulently did not tell her that he had already formed a company named

Dash Systems, Inc. 27 . He fraudulently did not tell her that DSI had already registered the web sites

http ://www. dashlive .com and http ://www .livingthedash.com (both on December 20, 2002) .
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28 .

Mr. Aronson fraudulently did not tell Ms . Ellis that he had already decided to

entitle his book DASH . 29 . He fraudulently did not tell her that the subject of DASH would be exactly the

same as that of "The Dash": how to live one's life in a meaningful way that focuses on friends and family, not money and material possessions. 30 . He fraudulently did not tell her that he had devised a coaching/motivational

system called "DASH" that the book DASH would describe in detail . 31 . Instead, Mr. Aronson fraudulently described himself to Ms. Ellis as a small-time

author who planned to print and sell from home a book that she assumed, based on his misrepresentations, would be his autobiography or a memoir of his life. 32 . Although she believes that criminals can be rehabilitated, had she known that Mr.

Aronsun had been convicted of, among other things, securities and wire fraud and served three years in federal prison for his crimes, Ms. Ellis would not have wanted to be professionally associated with such a person and therefore would not have contemplated giving him permission to reprint "The Dash" in his book. 33 . Certainly, she would never have even considered giving him any such permission

had she known what, as set forth above, he was already planning to do with "The Dash." 34. However, based on his fraudulent representations and omissions, Ms. Ellis,

representing herself, prepared the document attached hereto as Exhibit C, which indicates that she was willing to permit Mr. Aronson to reprint "The Dash" in his book but only on the following terms and conditions : Prior to publishing his book Mr. Aronson would tell Ms. Ellis the title of the book, and the document would be revised to reflect that title;

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"

Mr. Aronson would credit Ms. Ellis as the author and copyright owner of "The Dash" in the manner indicated in the document ; Mr. Aronson would include in his book the address of Linda's Lyrics' web site (http ://www.Gndaslyrics .com) ; and Mr. Aronson would pay Ms . Ellis $500 for the right to reprint "The Dash" in his book .

"

35 .

After receiving this document from Ms. EIGs, Mr. Aronson never told Ms . Ellis

that DASH was the tide of his book, never discussed with her revising the document, and never paid her anything . 36 . Accordingly, after a few weeks Ms . Ellis reasonably assumed that Mr. Aronson

had decided not to reprint "The Dash" in his book. 37 . In August 2003 Ms. EIGs discovered Mr. Aronson's web site http ://www.

livingthedash .com and thereby learned that he had entitled his book DASH and had formed a
company named Dash Systems, Inc .

38 .

At that time she also learned that Mr. Aronson had posted "The Dash" on the

livingthedash.com web site and on his other web site http://www.dashlive.com . 39. Ms. Ellis immediately ordered a copy of DASH from Amazom .com, requesting

expedited delivery of the book . 40. Examination of the book showed Ms. EIGs that, despite Mr. Aronson's failure to

meet the terms and conditions she had proposed, he had reprinted "The Dash" in DASH . 41 . The copyright page of DASH attributes the 2003 copyright in the book to Mr.

Aronson. See the copy of the copyright page attached hereto as Exhibit D. 42 . The only reference to Ms. EIGs anywhere in DASH is on the book's copyright

page: "The Dash poem has been reprinted with the permission of Linda EIGs C 1996." See Exhibit D.
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43 .

That reference-which is factually false, as Mr . Aronson failed to meet the terms

and conditions required to obtain such permission-does not even identify Ms. Ellis as the author of the poem. 44. Ms. Ellis's name does not appear anywhere on the two pages of DASH where

"The Dash" is reprinted . See the copies of those two pages attached hereto as Exhibit E. 45. Thus, the typical reader of DASH will believe, falsely, that Mr. Aronson is the

author of the poem "The Dash" as well as the book as a whole. 46. Further examination of DASH showed Ms. Ellis that Mr. Aronson clearly derived

his book from "The Dash." For example, the tides of the two literary works are identical except for the word "the." 47. In addition, "The Dash;" as stated above, makes unique use of the dash between

the birth and death dates on a tombstone as a metaphor for life. On page 16 of DASH Mr. Aronson admits that in his honk he uses "the word `dash' as . . . a metaphor for life." 48. Moreover, the front cover of Mr. Aronson's book (copy attached hereto as

Exhibit F) shows a dash being held between the hands of an infant and a elderly person to illustrate Ms. Ellis's metaphor . 49. "The Dash" includes the words "the dates on her tomb-stone/from the beginning

. . . to the end", "the dash between those years", and "that little line." See Exhibit A. 50. The front cover of DASH includes the substantially similar words "[o]n your

tombstone there will be two dates, the date you were bom and the date you died" and "[t]hat little, insignificant line between those two dates-that dash-is your life!" See Exhibit F. 51 . "The Dash" includes the lines: "For you never know how much time is left/(You

could be at `dash mid-range.')" See Exhibit A .

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52 .

The back cover of DASH (copy attached hereto as Exhibit G) includes the

substantially similar words "[n]o one knows when they [sic] DASH will run out." 53 . There are many other examples of substantial similarity between "The Dash" and

DASH . On page 13 Mr. Aronson states : "When you die, there will be two dates on your tombstone: the date of your birth and the date of your death. Those two dates will be separated by a `dash'-and that dash will represent your life." 54 . Mr. Aronson also states on page 13 : "The worth of a human life doesn't depend

on its longevity. It depends on what we do with the time we are allotted, no matter how long or short. It's the `dash' between the years that makes the difference." 55. Moreover, Mr. Aronson dearly based his coaching motivational system nn "The

Dash." On page 16 of DASH he states that he "use[s] the word `dash' as not only a metaphor for life but also as an acronym to help you get the most out of your life. DASH stands for
Determination, Attitude, Success and Happiness" (collectively, the "DASH Principles") .

56.

Mr. Aronson even goes so far as to echo Ms. Ellis's poem in the toll-free

telephone number for DSI listed on page 213 of DASH: 888-DASH2G0. 57. On that page he also directs readers of DASH to the web site dashlive .com, on

which "The Dash" is reprinted in its entirety. 58 . On page 79 of DASH Mr. Aronson claims, "I can tell you from experience that

much of the success that I've had in life is the result of the questions I've asked. When others asked, `Will this idea work?' I've asked `How can I translate this idea into a profitable business in the shortest amount of time?"'

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59.

Mr. Aronson , who despite his claims to the contrary does not seem to have been

rehabilitated in prison, obviously applied this "get-rich-quick" mentality to "The Dash" and the ideas expressed in Ms. Ellis's poem. 60. He defrauded Ms. Ellis, infringed her copyright, and committed other illegal

actions to be able to use "The Dash" as the cornerstone of DASH, Defendants' web sites, the DASH Principles, and, indeed, Defendants' entire "DASH system ." 61 . That system is based on "The Dash;" which is why Mr. Aronson was so intent on

including the poem in his book and on Defendants' web sites. 62. Mr. Aronson engaged in those illegal activities because he recognized that "The

Dash" is a graphic, gripping, even arresting marketing concept-which, as described below, it has certainly proven to be for Defendants . 63 . Realizing that Defendants had egregiously violated her rights and very concerned

about being associated with Mr. Aronson, DASH, and the DASH Principles-given Mr.

Aronsods past criminal conviction and present unethical and illegal business methods-Ms . Ellis sent Mr. Aronson a cease-and-desist letter on August 12, 2003 . 64 . That letter outlined the foregoing facts and demanded an accounting of: The total number of copies of DASH that Mr. Aronson (either directly or through TumKey Press or any other publisher) printed, sold, otherwise distributed (including any free copies provided to book reviewers, libraries, or any other entities), had returned, remaindered, destroyed, and have left in inventory (collectively, "Copies"); The total gross sale price of the Copies; Mr. Aronson's total gross royalties and any other receipts from the Copies; Mr. Aronson's total gross income from providing coaching services and/or giving motivational speeches based on or including any references to DASH, the DASH Principles, and/or "The Dash"; and
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The total gross income that Mr. Aronson has received from any other use of DASH, the DASH Principles, and/or "The Dash ." 65. Mr. Aronson replied by insisting that he had done nothing wrong and had, in fact,

paid Ms. Ellis the $500 referenced in Exhibit C . Moreover, he claimed that he would provide proof of such payment. 66. On August 21, 2003, Mr. Aronson faxed to Ms. Ellis the documents attached

hereto as Exhibit H : an uncanceled check dated May 14, 2003, and a Federal Express USA Airbill dated August 14 (the final two digits of the year begin with "0" ; the final digit is illegible) and addressed to Ms. Ellis at her office . 67. Ms . Ellis never received the check, whether in May, August, or at any other time,

and her business and banking records confirm that she never received it. 68 . In addition, Federal Express has advised that it has no record of ever receiving for

delivery the package referenced in the foregoing airbill . 69. On August 26, 2003, Mr. Aronson said that Ms . Ellis would be well-advised to

cooperate with him in comiection with DASH and the DASH Principles, as he expected to be making major media appearances, including on Good Morning, America, Oprah and other national television shows, to promote his book and coaching/motivational system . 70. On August 27, 2003, Ms. Ellis faxed a second letter to Mr. Aronson, requesting

that his accounting include his gross income from any public or media (print, radio, TV, Internet, etc.) appearances, exposure, or other publicity concerning DASH, the DASH Principles, or "The Dash." 71 . On September 5, 2003, Mr. Amnson promised for the third time that he would

provide the requested accounting ; however, to date he has never done so . 72.
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Since that date Mr. Aronson has not communicated with Ms. Ellis in any way.
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73.

On September 7, 2003, a full-page advertisement for DASH appeared in The New

York Times Book Review, including copies of that newspaper distributed in the Northern District of Georgia. See the reduced copy attached hereto as Exhibit 1. 74. On September 28, 2003, a half-page advertisement for DASH appeared in The

New York Times Book Review, including copies of that newspaper distributed in the Northern District of Georgia. See the copy posted on Defendants' web site www.dashlive.com/adl .htm, a printout of which is attached hereto as Exhibit J. 75 . Upon information and belief, the foregoing advertisements in The New York

Times Book Review cost Defendants approximately $45,900. 76 . Mr. Aronson has engaged the literary publicity firm Phenix & Phenix to help him

promote DASH. 77. The web site of Phenix & Phenix, http ://www.bookpros .com/featuredauthor.htm,

states that DASH "stands for a symbol of one's life"; however, the site does not credit Ms. Ellis with originating that symbol or even mention her in any way. See the web site printout attached hereto as Exhibit K . 78 . Defendants' web site www .dashlive .com/schedules .htm contains a listing of

forthcoming bookstore appearances where Mr. Aronson will sign copies of DASH. See the web site printout attached hereto as Exhibit L. 79 . Defendants' web site www.dashlive .corn/catalog/default.htm, contains a listing of

a variety of merchandise related to DASH and the DASH Principles that is available for purchase by the public, including "DASH Diet" products. See the web site printout attached hereto as Exhibit M.

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80.

Mr. Aronson is now creating another unauthorized work derived from "The

Dash" : a diet book entitled DASHING Through Your Diet. See the printout from Defendants' web site http ://www .dashlive/diet .htm attached hereto as Exhibit N . 81 . Despite Ms. Ellis's two cease-and-desist letters, her repeated demand for an

accounting, and the communications between the pasties, Defendants' web site www .dashlive.com still displays "The Dash" in its entirety and claims that the poem is "[u]sed with permission ." See the web site printout attached hereto as Exhibit O. 82. In addition to infringing Ms . Ellis's copyright in "The Dash ;" the foregoing

activities of Defendants link Ms . Ellis in the public mind, without her permission and against her will, with the unethical and illegal get-rich-quick business of a convicted felon and his slick marketing of fad products that reflect poorly nn the high professional reputation of Ms . Ellis and the high esteem in which the public holds her work, especially "The Dash ." 83. Such damage to the reputation of Ms. Ellis and the perceived quality of her work

is especially likely if, as seems almost certain, Defendants are behaving unethically and illegally with respect to others, including members of the general public . Count I-CoavriQht Infrineement 84. Ms. Ellis hereby incorporates by reference and reallege the allegations of

Paragraphs 1 through 83 as if fully set forth herein . 85 . This cause of action arises under Section 501 of the Copyright Act of 1976, as

amended, 17 U.S .C . yti' 101 et seq. 86. Ms. Ellis is the author and copyright owner of "The Dash," and her copyright in

that poem is valid, subsisting, and enforceable.

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87.

The foregoing activities of Defendants infringe the exclusive rights of Ms . Ellis,

pursuant to 17 U.S .C . § 106, as the copyright owner of "The Dash ." 88 . Defendants' infringement of Ms. Ellis's copyright makes them liable to her under

17 U.S .C . § 501 . 89. Defendants' infringement of Ms . Ellis's copyright to "The Dash" occurred after

Ms. Ellis registered that copyright with the U .S . Copyright Office. 90. Defendants' infringement of Ms . EIGs's copyright was knowing, deliberate, and

willful .
91 . Ms. Ellis is without an adequate remedy at law because Defendants' copyright

infringement has caused great and irreparable injury to Ms . Ellis, and unless said acts are enjoined by this Court, they will continue and Ms. Ellis will continue to suffer great and irreparable injury . 92 . Pursuant to 17 U .S .C . § 502, Ms. Ellis is entitled to temporary and permanent

injunctive relief from Defendants' copyright infringement . 93 . Defendants' acts of copyright infringement have further caused Ms. Ellis to

sustain monetary damages, loss, and injury in an amount that is unknown to, and cannot be calculated by, Ms. Ellis at present and therefore must be determined at the trial of this action . 94 . Pursuant to 17 U.S.C . § 504, Ms. Ellis is entitled to her actual damages and any

additional profits of Defendants or, at her election at any time before final judgment, to statutory damages in an amount of up to $150,000 per infringement . 95 . Pursuant to 17 U.S.C . § 505, Ms. Ellis is also entitled to a full recovery of her

costs and reasonable attorney's fees incurred in connection with this action .

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Count II-Fraud 96. Ms. Ellis hereby incorporates by reference and realleges the allegations of

Paragraphs l through 95 as if fully set forth herein . 97. This cause of action arises under the law of the State of Georgia, in particular

Article 3, Fraud, of Tide 23, Equity, of the Code of Georgia (Ga. Code Ann . §yti' 23-2-51 to -60 [2002]). 98. Upon information and belief, at the time that Mr. Aronson communicated with

Ms. Ellis about the possibility of reprinting "The Dash" in his book, he had formed Dash Systems, Inc., registered the web sites dashlive .com and livingthedash .com, decided to entitle his book DASH, named the DASH Principles, and decided to use language on the front and back covers of DASH and elsewhere in the book that is copied from or substantially similar to language in "The Dash." 99. Upon information and belief, at the time that Mr. Aronson communicated with

Ms. Ellis about the possibility of reprinting "The Dash" in his book, he already planned to post the poem in its entirety on one or more of Defendants' web sites . 100. However, when negotiating a possible copyright license for "The Dash" with Ms.

Ellis, Mr. Aronson intentionally never communicated any of the foregoing facts to Ms. Ellis. 101 . Mr. Aronson failed to conununicate those facts to Ms. Ellis because he knew that

doing so would cause her to deny him permission to reprint "The Dash" in his book and on any web site(s) and require him to change the names of the book and the DASH Principles . 102. When asked by Ms . Ellis's counsel about the $500 payment that he had never

made, Mr. Aronson lied, claiming that he had, in fact, made it when he had not, and then compounded that lie by sending Ms. Ellis false evidence purporting to show that he had made the payment.
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103.

Moreover, although Mr. Aronson repeatedly promised to provide Ms. Ellis with

the accounting that she reasonably requested, no such accounting has ever been provided . 104. Mr. Aronson took all of the foregoing actions in a knowing and deliberate attempt

to deceive Ms. Ellis into giving Defendants permission to reprint "The Dash," to enable them to profit from that deception, and then to continue to profit from their illegal activities once Ms. Ellis had learned about some of those activities. 105. Defendants' conduct was fraudulent under the law of the State of Georgia in that

Defendants' acts and omissions constituted knowingly false misrepresentations to Ms . Ellis that were made with the intention to induce Ms. Ellis to act in justifiable reliance on the misrepresentations, thereby directly causing damage to her.

106.

Ms. Ellis is without an adequate remedy at law because Defendants' fraud has

caused great and irreparable injury to Ms. Ellis, and unless said acts are enjoined by this Court, they will continue and Ms . EIGs will costume to suffer great and irreparable injury . 107. Ms . Ellis is entitled to temporary and permanent injunctive relief from

Defendants' fraud. 108. Defendants' fraudulent acts have further caused Ms. Ellis to sustain monetary

damages, loss, and injury in an amount that is unknown to, and cannot be calculated by, Ms. Ellis at present and therefore must be determined at the trial of this action . 109. Ms . Ellis is also entitled to a full recovery of her costs and reasonable attorney's

tees incurred in connection with this action . Count 111-Deceptive Trade Practices 110. Ms. Ellis hereby incorporates by reference and realleges the allegations of

Paragraphs 1 through 109 as if fully set forth herein.

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111 .

This cause of action arises under the law of the State of Georgia, in particular the

prohibition of deceptive trade practices in Article l, Section 372, of Title 10, Commerce and Trade, of the Code of Georgia (Ga. Code Ann. § 10-1-372 [2002]). 112 . The foregoing illegal actions of Defendants deceive the public into believing,

falsely, that Ms . Ellis consents to and/or endorses or otherwise approves of such actions. 113 . In addition, Defendants' actions associate Ms . Ellis and her work, against her will,

with the business of a convicted felon. 114. Moreover, Defendants' actions wrongfully link Ms . Ellis and her work with the

marketing of fad products that reflect poorly on the high professional reputation of Ms. Ellis and the high esteem in which the public holds her work . 115. Defendants' actions constitute deceptive trade practices under Georgia law in that

such actions cause a likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services ; cause a likelihood of confusion or of misunderstanding as to affiliation, connection, or association with or certification by another, represent that goods or services have sponsorship or approval that they do nut have or that Mr. Aronson has a sponsorship, approval, status, affiliation, or connection that he does not have; and otherwise create a likelihood of confusion or of misunderstanding . 116. Ms. Ellis is without an adequate remedy at law because Defendants' deceptive

trade practices have caused great and irreparable injury to Ms. Ellis, and unless said acts are enjoined by this Court, they will continue and Ms. Ellis will continue to suffer great and irreparable injury . 117. Ms . Ellis is entitled to temporary and permanent injunctive relief from

Defendants' deceptive trade practices.

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118.

Defendants' deceptive trade practices have further caused Ms. Ellis to sustain

monetary damages, loss, and injury in an amount that is unknown to, and cannot be calculated by, Ms. Ellis at present and therefore must be determined at the trial of this action . 119. Ms. Ellis is also entitled to a full recovery of her costs and reasonable attorney's

fees incurred in connection with this action . Count IV-Uniust Enrichment 120 . Ms . Ellis hereby incorporates by reference and realleges the allegations of

Paragraphs 1 through 119 as if fully set forth herein . 121 . 122. This cause of action arises under the common law of the State of Georgia. By their illegal actions as described above, Defendants have conferred financial

benefit on themselves . 123 . As there is no contract between Ms. Ellis and Defendants, such benefit would be

unjust unless Ms. Ellis is appropriately compensated by Defendants . 124. Defendants' unjust enrichment of themselves has caused Ms . Ellis to sustain

monetary damages, loss, and injury in an amount that is unknown to, and cannot be calculated by, Ms. Ellis at present and therefore must be determined at the trial of this action . 125 . Ms. Ellis is also entitled to a full recovery of her costs and reasonable attorney's

fees incurred in connection with this action . Request for Jury Trial Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Ms. Ellis hereby makes demand for a trial by jury as to all issues herein so friable.

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Prayer for Relief WHEREFORE, Ms . Ellis prays for the following relief: (a) That Mr. Aronson, DSI, and Defendants be held liable under each claim for relief

set forth in this Complaint; (b) A temporary and then permanent injunction prohibiting Mr. Aronson and DSI, its

officers, directors, employees, agents, successors, assigns, affiliates, and all entities in active concert or participation with any of the foregoing entities (all of the foregoing, collectively, "Aronson Entities"), from marketing, advertising, promoting, reprinting, copying, displaying, distributing, creating derivative works from, or making any other use whatsoever of any part or all of "The Dash"; (c) A temporary and then permanent injunction prohibiting all of the Aronson

Entities from marketing, advertising, promoting, reprinting, copying, displaying, distributing, creating derivative works from, or making any other use whatsoever of any part or all of DASH; (d) A temporary and then permanent injunction prohibiting all of the Aronson

Entities from marketing, advertising, promoting, reprinting, copying, displaying, distributing, creating derivative works from, or making any other use whatsoever of any part or all of any materials setting forth, discussing, or otherwise involving the DASH Principles ; (e) A temporary and then permanent injunction prohibiting all of the Aronson

Entities from marketing, advertising, promoting, reprinting, copying, displaying, distributing, creating derivative works from, or making any other use whatsoever of any part or all of any coaching and/or motivational system based, whether in whole or in part, on "The Dash," DASH, the DASH Principles, or any other works or materials related to "The Dash," DASH, or the
DASH Principles ;

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(f)

A detailed accounting to Ms. Ellis of any and all monies that Defendants have

received or are owed for any of their activities related to DASH; the DASH Principles ; the web sites dashlive .com, livingthedash .com, and any related web site(s); and any goods or services marketed, advertised, or otherwise promoted by, through, or in connection with any of the foregoing items . (g) An award to Ms . Ellis of actual or statutory damages and additional profits of

Defendants under 17 U.S .C . § 504 in an amount of not less than $750,000 ; (h) An award to Ms . Ellis of punitive damages under the law of the State of Georgia

in an amount of not less than $1,000,000 ; (i) An award to Ms . Ellis of the reasonable fees and expenses of attorneys and other

professionals incurred herein, pursuant to 17 U .S .C . § 505 and the equity powers of this Court; (j) That Defendants be required to pay to Ms. Ellis, pursuant to 17 U.S .C . § 504, the

costs of this action ; and (k) equitable. submitted, An award to Ms. Ellis of such other and further relief as this Court deems just and

Kitcheds Kelley Gaynes, P.C . Suite 900, Eleven Piedmont Center 3495 Piedmont Road, N .E . Atlanta, Georgia 30305 Telephone: 404-237-4100

,~(~2~-yiz3Zs A ttorneys for Plaintiff
Linda M. Ms. Ellis d/b/a Linda's Lyrics

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Of Counsel : Conrad M. Shumadine Timothy J . Lockhart Willcox & Savage P.C . 1800 Bank of America Center One Commercial Place Norfolk, Virginia 23510 Telephone : 757-628-5500 Dated : October -, 2003 z

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VERIFICATION STATE OF GEORGIA

crrYicourrTY of

Lo6b

, co-

This -7 ~ day of October 2003 personally appeared before me, C . ~e.(Z c,sA a Notary Public in and for the aforesaid jurisdiction, Linda M. Ellis, doing business as Linda's Lyrics, who is known to me to be the person whose name is subscribed to the foregoing instrument, who personally appeared before me and, after being duty sworn, made oath and stated that the allegations in the above verified Complaint are true and correct .

Notary Public My Commission Expires :

Notary Public, Cobb County Ge01`91a FxPires juh ~~ 2007 ply Comm4sslon

ssazn 1
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EXHIBIT / ATTACHMENT

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The Dash
By Linda Ellis Copyright 1996 Linda Ellis
/read of cr reverend who stood to speak at the funernl of a friend.

He referred to the dales on her tombstone /corn the beginning ...to the end.

He noted [hat fist cnn:c the date of her birth and spoke U(the /ollawing date with tears, but he said what muttered most of all was the dash between those years. For that mash represents all the time that she spent cline on earth
and now only those who toned her know what that little line is worth .

For it matters not, how much ire own, the cars . . .the house . . .rhe crash . What matters is Iruir ire lime rant! tome cram hotic irc spend our dash . So think about this long and hard, re there things >ai'rl like to change?

For you never know how much time is le/i. O"ou could be at "dash grid-range . "J I/ we couldjust slow down enough to consider what's true and rent and always trv to understand the way other people feel.
And be less quick to anger and shot, appreciation more and love the people in our limes like x e're never lover/ helore.

l/ we treat each other with respect and more qften wear n smile remembering that this special dash might only last a little while. So when your eulogy is being read with tour life's actions to rehash, xould you be proud of the things they, sav about how you spent yocr dash?

'N\~b 'J " A''

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eRTIFiCATE OF REGISTRATION
E9 COrytzC This Certificate issued under the seal of !he Copyright Ollice in accordance with tide 17, United States Code, T S tied balow.The Information on~this oeAiNCate has been made e part of the Copyright Office records.

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'FECTNE DATE OF FIE811111111ATION CRY OF CO OFFICIAL SEA I . ~~ 7 !f

R GISTER OF COPYRIGHTS United Slates of Amerka Do NOT WRITE ABOVE THIS uNL If you rgeo wNe srw6i, uan w rrrwwAi a "AftNUA1WR SHEET. '1'RL60F THIS WORK V ke_ lQ .S h PREVIOUS bt A41'HRNA7IVB 7iT1.P8 1%Mt KilliGTLONASACONiBIlVISON U"wh~nspbli~~d~~mnbhMmw .petedid,~ai+LvmiLA~on,daYJwm~Ua~~bwi9rc ~dknlR wwk In rhld~ lem~el6uliaa ~ppnrea. 79W d L1WAw Wrt ~ u p1*fi.6ee i.fiperbak.i er .m.Id~ vW . .r V Nwsw v <.w. Vale v Oe r.t" T 1

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Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 28 of 60

Linda's Lyrics 1050 E. Piedmont Road, Suite E-135 Marietta, GA 30062 (404) 966-3349 Email: linda cr,lindaslyrics.com
This document grants full permission for Eric J . Aronson, 14 Applegreen Drive, Old Westbury, New York, NY 11568 to reprint the following material (copy attached) in his forthcoming book, titled to be determined. This contract to be revised upon assignment of book title. "The Dash (poem) by Linda Ellis Copyright # Txu858-108 as Filed with the Library of Congress By signing below, I warrant that 1 have the sole and unrestricted right to make this grant and that publication of the material indicated above will not infringe upon the copyright or other rights of anyone .
Permission granted :

Name: Linda Ellis, individually, and on behalf of Linda's L, tics . Date: May 13, 2003 Notice of copyright and creditline : The Dash poem, copyright Linda EIGs, Linda's Lyrics, www .lindaslyrics .com Fee: 500

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Dash Copyright<O 2003 by Eric Aronsun . The Dash poem hay been reprinted \x ith tlic pci mission (d ] .inch I'Ilis 0199G Printed and bound in die United Stares of America . All rights reserved . No part of this boot: may be reproduced in any form or by any electronic or mechanical means including informarion storage and retrieval systems without permission in waiting from the copyright holder, except by a reviewer, who ma~~ quote brieF passages in
ret yew .

ISBN : 0-974493-0-0

^,.

'1i~~~ia Kev press"
2525 W Anderson Lane, Suite 540 Austin, Texas 78757 Tel : 512 .407 .887E Fax : 512 .478 .21 17 E-mail : inFo(~»turnlre~-press .cx,m Web : www.tUu-nkeypress.com

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'I be Dash
I read nfn rar1n who stood to speak at t1e,/imrral a(a fiieTi~l. He reFrre°d to 11re dates on her tombstone firom the G<ginniag to the end. He oared tbat .firrt rn» n~ the dote n/ Ger birth rrirrl spoke oftlu° falluwing ilnw with tcirrs. But be said what mattered most ofall UWs the (/Its/) Grtrueru tGoce ~~rrrrs.

For that dnsh rrpre;entS (r// IN tiniC tArr

Arid now only ibose wbo loved hrr l,-rion~ r11brtt tLurt little lice is ri-urrb. For it ?'natters not Barn r1rrrclr tuck or1w ; the cars, the home, ibc cnsb.
What 111!ltlCl"s i3 how tuc live and love;

She Spent alive n» earth.

bow we spend our rlvsly .

~~u b~~`~ E "

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So think about this long and heird. Are there th1»gs yorril liar to chnrtge' For you rrevrr krroic horu much time is left. }'orr rook/ be, at dash n2id-range .

If'tue could .just slow down euorrgG
f0 fOlljldf'7' 7ohIIl1)'1fP tllll1 )-cal

rr»rl always ny to rurdci :unnvl thr wvr), other people fi d. And 6c less quick to anger mill show appreciation wore, nird love, the, Pcople, ill our lives like avc't!c pie°r-c'r loved b~lorn if uVC trCnt rnclr other witb rPsprrt rerncrrrGcrinT that this special dash might only last a little while. So when Yattr culn~g is being reed with your li/e'~ actions to )-chash, ronrrlrl~~orr be, proird (fthe° tbings they set), irGout how you spent your dash'
!7770 wore, Often 7l'('ilY' !J smile,

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i B

On your tombstone there will be two dates, the date you were born and the date you died. That little, insignificant line between those two dates - that dash -- is your life!

E

ric J. Aro won

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using the DASH principles will invoke a moment-to-moment sense of purpose that will add value to your life, happiness to your day and meaning to your minute . . . the kind of life that money can't buy . DASH is based on the principles of Dedication, Attitude, Success and Happiness, and shows readers how to apply these attributes to their daily lives . DASH sets itself apart with real life examples from an author whose advice comes not from years of research in a sterile lab, but from visceral, personal experiences-the ones that dreams (and nightmares) are truly made of'. No one knows when their DASH will run out . If it were possible to know when your life would end . . . what would you do RIGHT NOW to make it worthwhile?

R

EADING A BOOK WILL NOT CHANGE YOUR LIFE but

Eric Aronson suffered from a troubled childhood, «hich included abuse and the death of his mother at a young age . In high school, his guidance counselor labeled him "Most Likely Not to Succeed ." early in his career, he founded a brokerage firm where he a ~ turned a modest investment into a multi-million dollar company. He lived a fast-paced, luxurious life that forced him to "borrow from Peter to pay Paul ." At 31, Eric vas indicted for criminal conspiracy, securities fraud, and wire fraud in connection ,vith his role in the fraudulent sale of shares in one of his companies . He spent three years in a federal prison, where he realized that his motivations were based on his desire for material wealth, not his love for life . While in prison, he read over 600 hooks and vowed to turn himself into something that his children could be proud of. Since his release, Eric has lost 60 pounds, quit smoking, quit gambling and spends as much tine as he can ~vith his children . He is no", a life coach, inotivational speaker and president and chief executive officer of Dash Systems, Inc ., a company devoted to helping people realize their dreams and make the most of their lives. When not conducting one-on-one coaching sessions, Eric travels across the country delivering the mess 1 7 s s IIII sage behind DASH, so others can benefit from the principles that have changed his life . Dash Systems, Inc . www.dashlive .com

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Sexually abused al the age of b Loss of a parent at the age of 13 labeled "Most Likely not to Succeed' a[ the age of 16 became a Mu1G-Millionaire at the age of 26 Landed m prison al tie age of 31

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Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 45 of 60

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Author of the Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 46 of 60 Month Page 1 of 2

Home Services for Authors Services for Publishers Corporate PR Services Publicity FAQ About Our Clientele References Media Assistance About Phenix & PheniK Contact Us Literary Links Self-Publishing Services

Eric Aronson
Featured Author (LONG ISLAND) Will you make the most of your dash? Would you like lessons from some of the most triumphant and influential dashes in history? Civil Rights Leader Dr. Martin Luther King Jr. and Mother Teresa shaped history in their own ways. Why not model your life after their successes to make your own unique contribution?
Dash

Through anecdotes, true accounts

Eric Aronson, of mentor's lives and his own, Eric Dash Aronson, author of Dash (TurnKey Press, June 2003) and founder of Dash Systems, Inc ., urges readers to make the most of their lives in this uplifting guide that snaps out a path to fulfillment . Dash not only stands for a symbol of one's life, but is also an acronym to help one achieve a meaningful existence. Determination, Attitude, Success and Happiness spell nut the principles of the DASH system, which consist of self-evaluation, prioritizing and a number of exercises to perform on the road to accomplishment. Aronson believes that everyone has a contribution to make, a mission to accomplish, an objective to reads . Visualization, "Wake-up Questions," tips on how to kill procrastination, and advice on how to live in the moment are tools that Aronson provides to turn that someday into TODAY . "As I see it, your dash is about two things : being and doing," Aronson says. "How are you going to be as a human being? And what are you going to do or contribute?" While Aronson now travels the country heading seminars that fuel people's abilities to fulfill their dreams, he endured many hardships before finding his mission . As a child, Aronson had ADHD, was sexually abused and suffered the loss of his mother. Voted "Must Likely NOT to Succeed" by his high school counselor, Aronson's misfortunes provided him with die strength to prove others wrong.

Aronson feels that he is an ideal candidate to present his message of DASH because he is "the smartest man in the world ." He feels confident about this statement because he knows that he does not know everything . "I try to surround myself with people who are smarter than I am," says Aronson, "so I can constantly improve myself and then use http ://www.bookpros.com/featuredauthor.htm 9/30/03

Author of theCase 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 47 of 60Page 2 'of 2 Month

that information, reconstruct it and simplify it so that others can learn from my successes and mistakes." While in prison, Aronson read over 600 books in order to glean the successes of people from all walks of life . Through years of study, he was able to distill the key traits of those who did wonders with their "dashes," from Gandhi to Michael Jordan to Bill Gates . Early in his career, Aronson founded a brokerage firnn where he turned a modest investment into a multi-million dollar company and made several individuals millionaires . Later, he formed a company that helped develop the global positioning satellite technology used worldwide today . Aronson was one of the first to develop a bartering website for the Internet . At 31, Eric was indicted for criminal conspiracy, securities fraud, and wire fraud in connection with his role in the fraudulent sale of shares in one of his companies . He spent three years in a federal prison, where he realized that his motivations were based on his desire for material wealth, not his love for life. He vowed to change his life around in order to make himself and his family proud of him, and make the most out of his own "dash." Aronson currently resides in Long Island . He is marred with 3 children, ages 5,6 and 7 . He is now a life coach, motivational speaker and president and CEO of Dash Systems, Inc., a company devoted to helping people realize their dreams and make the most of their lives. When not conducting one-on-one coaching sessions, Eric travels across the country delivering the message behind DASH so others can benefit from the principles that have changed his life. For more information, go to www .dashlive.com
To schedule an inten~ieN,, or to request u review copy of DASH, please contact Jennifer Berry of Phenir & Pltenix Literary

Publicists at (512) 478-2028 or jr"nni/enn bunhprwi. rum

http :l/www.bookpros.com/featuredauthor.htm

9/30/03

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BOOK SIGNINGS

Borders Bookstore
Signing Event
October 24th at 7pm 5151 Sunrise Highway Bohemia, NY 11716 Phone : 631 .244.7496 November 6th at 7 :30pm 235 Interstate Shopping Center Ramsey, NJ 07446 Phone : 201 .760.1967 November 13th at 7pm 80 Wayne Town Ctr, Rt 23, S. Wayne, NJ 07470 Phone :973.785.0037 November 14th at 7pm 425 Jericho Turnpike Syosset, NY 11791 Phone : 516 .4963934 November 15th at 2pm 230 Garden State Plaza Paramus, NJ 07652 Phone : 201 .712.1166 November 21 at 7pm 1642 Schlosser Street Ft. Lee, NJ 07024 Phone : 201.302 .0815 DASH I Eric Aronson will be featured in the Monthly newsletter.

http ://www.dashlive .com/schedules .htm

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Case Signings & Events 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 50 of 60 Page 2 of 2 View past book-signing photos

Copyright ~~; 2003 Dash Systems . Inc. All rights reservedd'Zlne Revised : 09/26iC3 .

We!) Design by Oui

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9/29/03

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DASH Shop Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 52 of 60Page 1 of 2

DASH - The Book Paper Back 517 .95 Pv1O~e Info ' '

DASH - The gook Hard Cover $27 95 More Info '

Audio Book on CD Set of 4 S39 95 More Info

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-- - -Addto Cart

DASH Diet xLA Ony Hntt!e 5 ;;9 .95 h,~prv Info Buy Now

GASH diet xLA
$99 98 More Info Buy Now

Two BotUeG

llvee Bottles ~134 .97 More Into Buy Now

(SASH Diet xLA

Choice Coaching ;; t :+0 OC ?L9nre Info

~~1.6t.C2

Optimum Coaching 51 .<OO .UU P,9ore In~~"

Op t~n~u.~.m~ Cad

Premium Coaching $21WOO

Mure Mo

Add to Cart

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( -i-dd to artl --U- -

Membership Level)

Membership Level II

Membership Level III

http ://www .dashlive .com/catalog/default.htm

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Diet / XLA Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 54 of 60Page 1~ of 2

Additional Benefits

Components of XLA

Eat Without Guilt

Diet Trends

Dashing Through Your Diet Dash Systems, Inc. has teamed with MQLifestyles to provide the top selling, ephedrine free supplement XLA, to be used in conjunction with a new book entitled "DASHING through your Diet" . The DASH principles are Determination, Attitude, Success and Happiness . Using these principles and incorporating the XLA Supplement, a healthy diet, exercise and the "DASHING through your Diet" book, you will reach and maintain your ideal weight . DASH systems founded by former Investment banker turned Author Eric J . Aronson, stated "We are very excited about using the DASH principles to help millions of people to lose and maintain their ideal weight ." XLA is a revolutionary new dietary ephedrine free supplement for rapid, yet natural and sustained weight loss . XLA is a break-through weight management composition formulated specifically for those who demand a natural solution for effective weight reduction and weight control . An all-natural weight loss supplement that uses rALA, CLA and GLA to promote a healthy lifestyle . The unique blend of liquidized supplements making up XLA has increased bioavailabilty, efficacy and absorption into your body. XLA supplement is distributed by Mass Quantities Inc, a company known as the source for professional supplements for the perfect physique. XLA heralds a new generation weight loss system that combines precise ratios of r (+) Alpha Lipoic Acid (the pure version of the commonly used antioxidant), Conjugated Linoleic Acid (CLA) and Gamma Linoleic Acid (GLA) to form a unique, stimulant free, fat/weight-loss supplement . Used regularly, this product will inhibit fat production and support muscle growth by steering glucose in your body (converted from carbohydrates) into your muscles and will help reduce body fat . XLA is a powerful supplement that will help you lose

http ://www .dashlive .com/diet.htm

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Diet / XLA Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 55 of 60Page 2' of 2

weight, raise your metabolism and reduce body fat, while improving performance and enhancing your lifestyle . When you ingest xLA before a meal it acts as a vehicle that takes carbohydrates you eat and transports them throughout your body and into your cells to use as energy . Normally they just sit in your stomach and get stored as fat . xLA inhibits the enzyme that retains fat, which thereby reduces the amount that is deposited and stored in your body . XLA also enhances the body's ability to metabolize existing fat deposits . By so doing, it helps break down stored fat, which is then transported throughout your body and into your cells to burn as energy. What has been accomplished is that xLA has successfully taken fat and carbohydrates, and instead of storing them as fat, has transported them into your muscle cells to use as energy You've heard it all before . The guarantees . The promises. The exaggerations . The fact of the matter is every diet product currently on the market is the same. They're all knock offs of the now illegal ECA stack that contained ephedrine, caffeine and aspirin. With xLA, you will not feel any of the side effects you associate with ephedrine based diet products, or ephedrine alternative products either . There will be no increased heart rate, no nervousness and no jittery feeling . It is not necessary to feel these side effects to know our product is working .

; Copyright2003 Dash Sys,tsnis, Inc All right reserved d'Zine Revised' G9P?6!0 .'. .

NJeb De,~gri by Oui

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9/30/03

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The Poem

Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 57 of 60 Page 1 of 2

Contents I The Poem !Intros Excerpt /RISKS Reviews I Buy the Book

DASH -THE POEM
I read of a man who stood to speak at the funeral of a friend . He referred to the dates on her tombstone from the beginning to the end . He noted that first came the dale of her birth and spoke of the following date with tears . But he said what mattered mast of all was the dash between those years . For that dash represents all the time that she spent alive on earth . And now only those who loved her know what that little line is worth. For it matters not how much we own; the cars, the house, the cash . What matters is how we live and love ; how we spend our dash . So think about this long and hard . Are there things you'd like to change? For you never know how much time is left. You could be at dash midrange. If we could just slow down enough to consider what's true and real and always try to understand the way other people feel . And be less quick to anger and show appreciation more and love the people in our lives like we've never loved before . If we treat each other with respect and more often wear a smile, remembering that this special dash might only last a little while . So when your eulogy is being read with your life's actions to rehash, would you be proud of the things they say about how you spent your dash? - Linda Ellis Used with permission

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The Poem

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AO 440 (Rev . 10/93) Summons In a Civil A ,

Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 59 of 60
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NORTHERN LINDA M . ELLIS,

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ATLANTA DIVISION d/b/a Linda's Lyrics DISTRICT OF GEORGIA

SUMMONS IN A CIVIL CASE
ERIC J . ARONSON and DASH SYSTEMS, INC ., a New York corporation

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CASE NUMBER :
1 ' 0 3 - Cu

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O : (Name and address of defendant)

ERIC J . ARONSON 14 Applegreen Drive Old Westbury, New York 11568

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY name and address
Mark A . Kelley, Esq . Kitchens Kelley Gaynes, P .C . Suite 900, Building Eleven Piedmont Center 3495 Piedmont Road, N .E . Atlanta, Georgia 30305

C-X) en answer to the complaint which is herewith served upon you, within days after service of this summons upon you, exclusive of the day of service . If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint . You must also file your answer with the Clerk of this Court within a reasonable period of time after service.

CLERK

LUTHER D. WO W

OCT 1 ~) 2003
DATE

l, t~~ J (BY) DEPUTY CLERK

AO 440 (Rev . 10/93) Summons in a Civil /

Case 1:03-cv-03086-RWS Document 1 Filed 10/10/03 Page 60 of 60
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NORTHERN

united States Pistrirt Taixrt
ATLANTA DIVISION DISTRICT OF GEORGIA

LINDA M . ELLIS, d/b/a Linda's Lyrics

SUMMONS IN A CIVIL CASE
ERIC J . ARONSON and DASH SYSTEMS, INC ., a New York corporation

V.

CASE NUMBER :

1 :03-CV-308 6

O:

Name and address of defendant)

DASH SYSTEMS, INC . a New York corporation 85 Monroe Drive Mastic Beach, New York 11951

YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY mama and address
Suite 900, Building Eleven Piedmont Center 3495 Piedmont Road, N .E . Atlanta, Georgia 30305
Mark A . Kelley, Esq . Kitchens Kelley Gaynes, P .C .

~1za (~ an answer to the complaint which is herewith served upon you, within days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint . You must also file your answer with the Clerk of this Court within a reasonable period of time after service.

CLERK

I .rMiER D. THOn4As

OCT 1 0 1003
SATE

li (BY) DEPUTY CLERK