in the united states district court for the district of ... · hartman & winnicki, p.c. richard l....
TRANSCRIPT
-
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA
EAST COAST TEST PREP LLC d/b/a Achieve Test Prep, and MARK OLYNYK Plaintiffs,
v. ALLNURSES.COM, INC., BRIAN SHORT, R.N., ABC COMPANIES 1-10 and JOHN DOES 1-10, Defendants.
) ) ) ) ) ) ) ) ) ) ) )
Case No. 15-cv-03705 JRT-JSM
DECLARATION OF MARK OLYNYK RIEZMAN BERGER, P.C. Charles S. Kramer, Esq. Admitted Pro Hac Vice Paul A. Grote, Esq., Admitted Pro Hac Vice 7700 Bonhomme Ave. 7th Floor St. Louis, MO 63105 Phone: (314) 727-0101 Fax (314) 727-6458 Email: [email protected] Email: [email protected] Attorneys For Plaintiffs East Coast Test Prep LLC, and Mark Olynyk
HARTMAN & WINNICKI, P.C. Richard L. Ravin, Esq. Admitted Pro Hac Vice, 74 Passaic Street Ridgewood, NJ 07450 Phone: (201) 967-8040 Fax: (201) 857-4076 Email: [email protected] BEITO & LENGELING, PA Robert A. Lengeling, Esq. Thomas M. Beito, Esq. 310 Fourth Avenue South, Suite 1050 Mpls, MN 55415 Phone: (612) 767-1618 F: (612) 333-8003 [email protected] [email protected]
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 1 of 24
-
2
I, Mark Olynyk, being of full age, do hereby declare as follows:
1. I am President of Plaintiff East Coast Test Prep LLC d/b/a Achieve
Test Prep (“ATP”), and am also an individual Plaintiff in the above-captioned
matter (collectively, “Plaintiffs”). I am fully familiar with the facts set forth
herein.
2. I submit this Declaration in support of Plaintiff’s Motion to Compel
Discovery of Defendants Allnurses.com, Inc., and the Estate of Brian Short, R.N.,
(collectively “Defendants”).
3. ATP commenced operation in 2009. I have been its President since
its inception.
4. As President of ATP, I am responsible for all aspects of its
operations, including without limitation, sales, marketing, advertising, Website,
leasing, instruction, purchasing, and accounting and personnel.
Achieve Test Prep
5. ATP is in the business of providing test preparation services for
individuals seeking various degrees, including without limitation, nursing.
6. ATP is well publicized on the Internet, including without limitation,
via its Websites, and appearing on Google as part of its first organic search result
for the search “achieve test prep” (See Second Amended Complaint (“SAC”)
Exhibit “A”, at 14-15, Screen Shot Set 6, ECF 97-1.)
7. ATP has used “Achieve Test Prep” as its service mark at least as
early as 2009, and used the mark in interstate commerce at least as early as 2009.
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 2 of 24
-
3
8. ATP is not a college and does not issue degrees or give college
credit. Instead, ATP's services are designed to prepare nursing students for
standardized exams which enable the students to get full credit for college courses
without taking the courses, a process known as credit-by-examination.
9. The standardized exams are given by an independent college, or an
independent testing center, which enable the student to earn credit towards their
degree such as a Bachelor of Science in Nursing (“BSN”) or Associates of Science
in Nursing (“ASN”) from such college.
Allnurses.com
10. The Allnurses.com Website is self-described as "the collective voice
of the nursing community, supporting the profession by providing a place where
nurses can network, share and learn from their peers."
(http://allnurses.com/aboutus-info.html accessed on March 2, 2015.
11. Allnurses Website states that it is the “largest peer to peer nursing
site in the world. We are a global site reaching nurses and nursing students around
the world.” (http://allnurses.com/aboutus-info.html) accessed on June 29, 2016.)
(See Exhibit “B” attached hereto, Screen Shot Set 1, at 1.)
12. On March 13, 2015, Allnurses published that there were 10,172
readers online (at time of access) and had 891,799 members. (See SAC, Exhibit
“A” at 4 and 5, Screen Shot Set 1, ECF 97-1.)
13. On June 29, 2016, I visited the about page
(http://allnurses.com/aboutus-info.html), which stated that there were at that time:
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 3 of 24
-
4
12,786 Readers Online, 969,557 Members. (See Exhibit “B” attached hereto,
Screen Shot Set 1, at 1-2).
14. Allnurses provides a platform for its members to post comments
and/or questions and receive feedback and responses from members on a range of
topics in the field of nursing, including but not limited to education and required
coursework/exams for licensure.
15. To post a comment or participate in the online discussion, a user
must register with Allnurses.
16. Members of Allnurses are permitted to create new discussion threads
on the Website discussion boards or publish comments on existing threads.
17. Discussion threads are initiated in forums on Allnurses.com.
18. The Allnurses.com Website hosts a discussion thread titled:
“Achieve Test Prep….anyone?” located at URL: http://allnurses.com/excelsior-
college-online/achieve-test-prep-815067.html (accessed on March 13, 2015). (See,
e.g., Exhibit “A”, at 58-82, Screen Shot Set 14.)
19. The “Achieve Test Prep….anyone?” thread appears in the “Excelsior
College Online Nursing” forum.
20. To date, the “Achieve Test Prep. . . .anyone?” thread remains
viewable by the public on the Allnurses Website.
21. The thread contains false and defamatory statement about ATP
posted by John Doe Defendants JustBeachyNurse, monkeyhq, LadyFree28,
duskyjewel, and Pixie.RN.
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 4 of 24
-
5
22. Attached hereto as Exhibit “B”, Screen Shot Set 2, at 3, is a copy of
the top portion of the first page of the “Achieve Test Prep….anyone?” thread
accessed on September 1, 2016, showing the number of views for thread is
70,278. Notwithstanding that the thread remains closed, but visible to the public,
the present number of views reported on the thread is more than the double the
views reported by Allnurses on March 15, 2015 of 34,016 views (see e.g. SAC,
Exhibit “A” at 58 (ECF 97-3)).
Specific Actionable Statements
23. Attached hereto as Exhibit “A”, and included in Plaintiffs’
Memorandum in Point I.B.3, are excerpts from the Second Amended Complaint
(“SAC”) (ECF 97), which set forth the specific false and defamatory statements at
issue, posted by JustBeachyNurse, monkeyhq, LadyFree28, duskyjewel, and
Pixie.RN, namely, ¶¶ 117-123, 163-172, 175-180, of the SAC. I hereby verify
that the allegations contained in these paragraphs of the SAC are true and correct,
including without limitation as to the falsity of the defamatory statements posted
by the John Doe Defendants on the Allnurses Website.
ATP Does Not Have Contact Information For The John Doe Defendants
24. Because Plaintiffs do not know the identities of any of the John Doe
Defendants, Plaintiffs had no ability to independently or directly notify the John
Doe Defendants as to the instant Motion To Compel Discovery. Moreover,
Allnurses’ closed the thread to new postings from subscribers, and, in any event,
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 5 of 24
-
6
disabled Plaintiffs’ subscriber accounts, preventing, Plaintiffs from posting on the
subject thread.
25. Plaintiffs do not have any contact information for any of the John
Doe Defendants.
26. Without obtaining the requested discovery information, Plaintiffs
will not be able to identify the John Doe Defendants who use the screen names:
JustBeachyNurse, monkeyhq, LadyFree28, duskyjewel, and Pixie.RN.
LPN’s are ATP’s Prime Market
27. ATP’s target market is, overwhelmingly, individuals who are
currently Licensed Practical Nurses (“LPN’s”), Paramedics, Respiratory
Therapists, and Doctors with a foreign medical license, who desire to become a
Registered Nurse (“RN”). Of the LPNs, Paramedics, Respiratory Therapists, and
Doctors with a foreign medical license, LPNs make up the vast majority of this
market. We refer to this market as the “RN Bridge” market.
28. We do target individuals outside of the RN Bridge market, but the
number of sales outside of this market only accounts for a small fraction of our
sales (approximately less than 2 percent of our sales for the period of 2014
through August, 2016).
29. Overwhelmingly, ATP’s customer base is LPN’s seeking to become
RN’s.
30. Because the Allnurses thread is specifically about our RN Bridge
program, and because the RN Bridge market makes up virtually all of our sales,
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 6 of 24
-
7
any calculations regarding damages have been based on our historical data relating
to our RN Bridge program and all numbers referenced herein are referencing the
same market.
Search Terms and Search Results
31. I am charge of sales, marketing and advertising, including without
limitation, Internet sales, marketing and advertising. I have been responsible for
these areas since the founding of ATP.
32. Based on my knowledge and experience as President of ATP,
responsible for sales, marketing and advertising, I chose 10 highly relevant
descriptive search terms that would typically be used to search on the Internet for
the services provided by ATP, and conducted searches on Google.
33. The 10 highly relevant search terms that I chose are: “lpn to rn”,
“lpn to rn online”, “lpn to bsn”, “lpn to rn programs”, “lpn to rn bridge programs”,
“lpn to bsn bridge programs”, “lpn to rn online programs”, “online lpn to rn”, “lpn
to bsn programs”, and “lpn to rn bridge program”.
34. I searched on Google using these 10 descriptive search terms. None
of the searches resulted in “Achieve Test Prep…. anyone?” thread appearing on
the first page of search result.
35. As far as I am aware, the only two search terms that result in the
“Achieve Test Prep…. anyone?” thread appearing on the first page of the Google
search results are: “achieve test prep” and “achieve test prep review”, both of
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 7 of 24
-
8
which contain the ATP trademarks. These results appeared as numbers two and
five, respectively, on the first page of search results.
36. Additionally, I searched for the above ten descriptive search terms
on the Allnurses search bar on the allnurses.com Website (not Google). None of
the searches produced the “Achieve Test Prep…. anyone?” thread. As far as I am
aware, the only two search terms that resulted in the “Achieve Test Prep….
anyone?” thread appearing on the first page of the search results using the
Allnurses search bar on the Allnurses.com Website are: “achieve test prep” and
“achieve test prep review” (ATP trademarks). Both of these results appear as the
number one organic search result on the first page.
37. I provided Plaintiffs’ expert witness, Dr. James Roberts, with the 10
highly relevant search terms. According to his Expert Report, he conducted the
same searches on Google and on the Allnurses Website, and experienced the same
results.
38. I also provided Dr. Roberts with certain information regarding the
behavior of ATP’s leads and customers, which Dr. Roberts used in his report to
draw certain conclusions as to the behavior of ATP’s prospective customers
visiting the allnures.com. Specifically, I provided Dr. Roberts with the following
information:
a. Based on a survey of recent ATP leads, approximately 10% (of new leads) had conducted research on ATP on websites other than ATP (“Third Party Websites”) prior to filling out a lead form online. Conversely, 90% of ATP persons who completed lead forms
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 8 of 24
-
9
had not conducted research on Third Party Websites prior to becoming a lead.
b. Based on a survey of recent ATP customers, 74% of ATP’s customers conducted research on ATP on Third Party Websites prior to becoming customers.
c. All or substantially all of ATP’s customers were leads, prior to becoming customers.
39. I also informed Dr. Roberts that the percentage of leads that are
converted to paying ATP customers is approximately 11% (for the period 2014-
2015) (“Conversion Rate”).
Lost ATP Customers And Damages
40. According to the Expert Report of Dr. Roberts, based on his research
and surveys he conducted involving the “Achieve Test Prep….anyone?” thread, he
concluded that:
1. The percentage of potential ATP customers lost as a result of reading the negative comments on the “Achieve Test Prep….anyone?” thread referenced above ranges from 40 percent who would not consider searching for more information to 67 percent who would not use ATP services after reading the entire comment thread.
2. The loss of potential customers for ATP services ranges from 40 percent to approximately 95 percent after they have been exposed to either individual negative comments or the entire thread of comments found under the thread, “Achieve Test Prep ….anyone?”
3. Readers of the “Achieve Test Prep ….anyone?” thread on
www.allnurses.com would have formed negative attitudes toward ATP and have been less likely to use its services, causing a significant loss of goodwill and injury to the reputation of ATP.
(Expert Report at 23; emphasis in original).
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 9 of 24
-
10
41. Dr. Roberts quantified the loss of ATP customers as a result of
viewing the negative comments of the John Doe Defendants which are the subject
of this lawsuit as ranging from 629 to 905 lost customers. (Dr. Robert’s Expert
Report at 33, ¶¶ N and P.)
42. ATP’s average sale is approximately $8,000 (for the period 2014-
2015, based on sales to RN Bridge customers, which comprise almost all of ATP’s
sales).
43. The approximate lost revenue represented by the lost customers
ranges from $5,032,000 (629 x $8,000) to $7,240,000 (905 x $8,000).
44. The loss of those customers represent lost profits ranging in excess
of $1,900,000 ($8,000 x 629 customers) to $2,700,000 ($8,000 x 905 customers).
45. While the foregoing numbers represents lost revenue and profits to
date, the “Achieve Test Prep….anyone?” remains accessible and searchable to the
public, and continues to generate views.
46. As of the date of this Declaration, the Allnurses reports that the
thread has generated approximately 70,000 Views (http://allnurses.com/excelsior-
college-online/achieve-test-prep-815067.html).
47. On March 13, 2015, Allnurses reported the Views on the thread were
approximately 34,000 (see SAC, Exhibit “A”, Screen Shot Set 2, at 6 (ECF 97-1).
Nearly 18 months later, the Views have more than doubled, increasing by 36,000
Views.
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 10 of 24
-
11
48. The thread continues to generate about 2,000 views per month, or
about 24,000 views per year
49. The thread was created on February 12, 2013 (see SAC, Exhibit
“A”, Screen Shot Set 2, at 6 (ECF 97-1). During the first 25 months of the thread,
the average number of monthly views was 1,360. Thus, the average monthly
views have increased.
50. The average views per month over the life of the thread is 1,750
(70,000 / 40 months).
51. Thus, the amount of monthly views has increased in the past 1.5
years as compared to the first 2 years of the thread.
52. Notwithstanding the apparent upward trend of monthly views of the
thread, over the life of the thread, the monthly average of lost customers is
15.725 (629 / 40 months) ranging to 22.625 (905 / 40 months); the monthly
average of lost revenue is $125,800 (15.725 x $8,000) ranging to $181,000
(22.625 x $8,000); and the monthly average of lost profits is $47,500 ($1,900,000 /
40) ranging to $67,500 ($2,700,00 / 40).
53. Put another way, as a result of false and defamatory comments on
the thread, ATP is losing
a. customers at the yearly rate of 188.7 (15.725 x 12) to 271.5 (22.625
x 12),
b. revenue at the yearly rate of approximately $1,504,000 (188 x
$8,000) to $2,168,000 (271 x $8,000), and
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 11 of 24
-
12
c. profits at the yearly rate of approximately $570,000 ($47,500 x 12)
to $810,000 ($67,500 x 12).
54. This case has been pending in the federal courts for nearly 1-1/2
years (almost two years since it was filed in state court), but Plaintiffs’ diligent
efforts to obtain the most basic of discovery from Defendants have been thwarted
every step of the way by Defendants and their counsel. One can only assume that
this case will not be concluded at the trial level for at least another two years.
55. Based on the Expert Report of Dr. Roberts, over the next two years,
ATP projects that it will lose customers, revenues and profits as a result of the
false and defamatory comments posted on the thread as follows:
a. lost customers ranging from 376 (188 x 2 years) to 542 (271 x 2
years),
b. lost revenue ranging from approximately $3,008,000 (376 x $8,000)
to $4,336,000 (542 x $8,000), and
c. lost profits ranging from approximately to $1,140,000 ($570,000 x
2) to $1,620,000 ($810,000 x 2 years).
56. When the lost customers, revenue and profits to date are added to the
projected lost customers, revenue and profits, respectively, projected for the
coming two years, the total for the 5-1/2 year period (through August 2018) is as
follows:
a. lost customers ranging from 1,005 to (629 + 376) to 1,447 (905 +
542),
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 12 of 24
-
13
b. lost revenue ranging from approximately $8,040,000 (1,005 x
$8,000) to $11,576,000 (1,447 x $8,000), and
c. lost profits ranging from approximately $3,040,000 ($1,900,000 +
$1,140,000) to $4,320,000 ($2,700,000 + $1,620,000).
57. However, the total losses to ATP will continue into the future, even
beyond the September 2018, as long as the false and defamatory statements
remain accessible by the public and the subscribers of Allnurses. The injuries to
ATP will be far in excess of the lost customers, revenues and profits cited in the
foregoing paragraph.
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 13 of 24
-
I hereby and declare under penalty ofperjury that the foregoing is true and
conect. This Declaration has been executed in the United States.
Dated: September 2, 2016Mark Olyny
l 4
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 14 of 24
-
EXHIBIT “A”
EXHIBIT “A”
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 15 of 24
-
2
SPECIFIC ACTIONABLE STATEMENTS
ALLEGED IN SECOND AMENDED COMPLAINT (ECF 97)
Below are the specific actionable statement alleged by Plaintiffs in the Second
Amended Complaint (ECF 97) which are the subject of Plaintiffs’ Motion To Compel
Discovery:
117. On or about August 22, 2014, Poster monkeyhq published a comment on the thread "Achieve Test Prep….anyone?”. (See Exhibit “A” at 62) (ECF 97 at 14, ¶ 117).
118. This comment falsely states that "Test Prep companies for Excelsior Exams will be obsolete by July 1, 2015… it is a total waste of your investment."
(http://allnurses.com/excelsior-college-online/achieve-test-prep-815067-page3.html, accessed March 10, 2015.) (See Id.) (ECF 97 at 14, ¶ 118).
119. Poster monkeyhq's August 22, 2014 comment is a false representation because ATP's test preparation services will not be obsolete by July 1, 2015. (ECF 97 at 14, ¶ 119).
120. monkeyhq’s post expressly refers to facts misstated by JustBeachyNurse in the prior post (“As Beachy said….”). (ECF 97 at 14, ¶ 120).
121. JustBeachyNurse stated in his or her post:
ATP and similar services will be redundant as of July 1, 2014 when all challenge exam candidates will be mandated to take the
Excelsior online exam prep classes prior to becoming eligible to sit the challenge
exams. The prep classes are not free (though prep class plus challenge exam should cost
less than the online courses)[.] (Emphasis added.) (See FAC Exhibit “A” at 61) (ECF
97 at 14, ¶ 121).
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 16 of 24
http://allnurses.com/excelsior-college-online/achieve-test-prep-815067-page3.htmlhttp://allnurses.com/excelsior-college-online/achieve-test-prep-815067-page3.html
-
3
122. The statement that all Excelsior College challenge exam candidates would be required to take
Excelsior College’s own online exam prep class prior to becoming eligible is false. (ECF 97 at 14, ¶ 122).
123. The statement made by JustBeachyNurse that ATP’s test prep for Excelsior College would be redundant is false. (ECF 97 at 14, ¶ 123).
163. On February 12, 2013, Pixie.RN misrepresents that
Excelsior College warns about using third-party test prep companies, and promotes Excelsior College, including providing a
link to its Website. (ECF 97 at 14, ¶ 163).
164. Since the focus of the “Achieve Test Prep….anyone?” thread is about ATP, the statement posted by Pixie.RN is of and
concerning ATP. (ECF 97 at 14, ¶ 164).
165. Pixie.RN posted the following:
Feb 12, '13 by Pixie.RN, BSN, RN, EMT-P Senior Moderator
EC warns students about third-party
publishers and test prep companies -- they are not affiliated with EC, nor does EC
endorse their use (http://www.excelsior.edu/about-test-
...ation-services). EC's program is set up to provide an outline/syllabus for each class in
the form of a free exam content guide that you can download. * * * I'd advise you to think twice before you add a lot of money to
the bottom line of your education bill! Good luck, whatever you decide. (Emphasis
added.)
(See Exhibit “A”, at 60, Screen Shot Set 14.) (ECF 97 at 14, ¶ 165).
166. This statement is false because Excelsior College did
not "warn" students about third-party publisher test preparation companies. (ECF 97 at 14, ¶ 166).
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 17 of 24
-
4
167. On September 12, 2014, member LadyFree28 posted to the “Achieve Test Prep….?” thread stating that ATP was under federal
investigation. (ECF 97 at 14, ¶ 167).
168. The September 12, 2014 post by LadyFree28 was responding to posts made earlier on in the thread about another test preparation
company, “TCN”, being under federal investigation. (ECF 97 at 14, ¶ 168).
169. LadyFree28’s post stated:
But the discussion is about THIS particular test-prep program that IS being investigated
by the federal government and is under a current lawsuit; there are too many forums
that have stated the Achieve "deceived" them with their practices; that is the MAIN
focus of this discussion, NOT "other test prep companies." (Capitalized emphasis in
original; underlined emphasis added.) (ECF 97 at 14, ¶ 169).
170. A reasonable person would understand
LadyFree28’s post would mean that ATP was the subject of a federal investigation, for several reasons:
a. “But the discussion is about THIS particular test-prep program” and the “MAIN focus of this discussion” refers
to ATP, as the thread is predominantly about ATP, as the title of the thread expressly announces: (“Achieve Test
Prep….anyone?”). (Emphasis in original.)
b. This statement is followed by: “there are too many forums that have stated the Achieve ‘deceived’ them with their practices” (emphasis added), implying that
Achieve was under investigation because it deceived people with its practices. No other test prep company is
referred to in the post.
c. The post goes on to exclude other test prep companies: “NOT ‘other test-prep programs’”, again, implying that only ATP is the test prep company under investigation.
(ECF 97 at 14, ¶ 170).
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 18 of 24
-
5
171. Because LadyFree28's post makes reference to “Achieve ‘deceived’” by its “practices”, a reasonable person of
ordinary intelligence would understand that to mean that ATP is under investigation by the Federal Trade Commission. (ECF 97 at
14, ¶ 171).
172. The statement posted by LadyFree28 on September 12, 2014 that ATP "is being investigated by the federal
government" is false and defamatory. (ECF 97 at 14, ¶ 172, emphasis added).
175. On September 12, 2014, member duskyjewel also posted to the “Achieve Test Prep….anyone?” thread stating that ATP was under federal investigation. (ECF 97 at 14, ¶ 175).
176. duskyjewel’s post was in direct response to a post from learning-is-good:
"Quote from Learning-is-good 'Duskyjewel, You are going to scare
people by saying some test prep centers are under federal
investigation, but my guess is it’s just one.” (ECF 97 at 14, ¶ 176, emphasis added).
177. In response, duskyjewel posted:
"Sounds like you should be scared. TCN + Achieve equals more than
one." (ECF 97 at 14, ¶ 177).
178. By commenting that “TCN + Achieve equals more than one” test preparation company under
investigation, duskyjewel was stating that both TCN (The College Network, another test preparation company) and ATP are both under federal investigation. (ECF 97 at 14,
¶ 178).
179. The post by duskyjewel is false and defamatory. (ECF 97 at 14, ¶ 179).
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 19 of 24
-
6
180. ATP has not been investigated by the FTC. (ECF 97 at 14, ¶ 180).
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 20 of 24
-
EXHIBIT “B”
EXHIBIT “B”
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 21 of 24
-
1
SCREEN SHOT SETS
SCREEN SHOT SET 1
Allnurses About page stating that, at the time
“12,786 Readers Online, 969,557 Members”
“largest peer to peer nursing site in the world.”
“There are more than 4 million unique visitors each month with 13 million page views.”
(http://allnurses.com/aboutus-info.html, accessed on June 29, 2016)
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 22 of 24
http://allnurses.com/aboutus-info.htmlRRavinRectangle
RRavinRectangle
RRavinLine
RRavinLine
-
2
Same as above, zoomed in
Allnurses About page stating that, at the time
“12,786 Readers Online, 969,557 Members”
“largest peer to peer nursing site in the world.” “There are more than 4 million unique visitors each month with 13 million page views.”
(http://allnurses.com/aboutus-info.html, accessed on June 29, 2016)
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 23 of 24
http://allnurses.com/aboutus-info.htmlRRavinLine
RRavinLine
RRavinLine
RRavinLine
RRavinLine
RRavinLine
RRavinRectangle
RRavinRectangle
RRavinLine
RRavinLine
-
3
SCREEN SHOT SET 2
“Achieve Test Prep….anyone?” thread “70,278 Views” accessed September 1, 2016.
http://allnurses.com/excelsior-college-online/achieve-test-prep-815067.html
Same as above, but section zoomed in
“Achieve Test Prep….anyone?” thread
“70,278 Views” accessed September 1, 2016.
http://allnurses.com/excelsior-college-online/achieve-test-prep-815067.html
CASE 0:15-cv-03705-JRT-JSM Document 159 Filed 09/02/16 Page 24 of 24
http://allnurses.com/excelsior-college-online/achieve-test-prep-815067.htmlhttp://allnurses.com/excelsior-college-online/achieve-test-prep-815067.htmlRRavinRectangle
RRavinLine
RRavinRectangle
RRavinLine
3_Decl of Olynyk Draft v1-8 CLEAN w Olynyk signatureDecl of Olynyk Draft v1-8 CLEAN (PAG 2016-9-2) (00428380-2x9CD8A)signed mark decl
Exhs A-B, Olynk Decl MTC Disc First Amend v1 (RLR 2016-9-1)Exh A, Olynk Decl, Specific Actionable Statements v1 (RLR 2016-9-1)Exh B, ATP Thread Allnurses acc 2016-9-1) and About 2016-6-20, SSS 1 and 2 v3