Case 2:17-cv-00105-SAB 1 2 3 4 5 6 7 8 9 10 11 12 Document 16 Filed 04/14/17 Kevin J. Curtis, WSBA No. 12085 WINSTON & CASHATT, LA WYERS, a Professional Service Corporation 601 W. Riverside, Ste. 1900 Spokane, WA 99201 Telephone: (509) 838-6131 Charles L. Babcock IV (pro hac vice application to be filed) cbabcock@jw.com Texas Bar No. 01479500 William J. Stowe (pro hac vice application to be filed) wstowe@jw.com Texas Bar No. 24075124 JACKSON WALKER L.L.P. 1401 McKinney Street Suite 1900 Houston, Texas 77010 (713) 752-4360 (telephone) (713) 308-4116 (facsimile) 13 14 Attorneys for Defendants International Data Group, Inc., CXO Media, Inc. and Steve Ragan 15 16 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 17 18 19 20 21 RIVER CITY MEDIA, LLC, a Wyoming limited liability company, MARK FERRIS, an individual, MATT FERRIS, an individual, and AMBER PAUL, an individual, 22 23 vs. No. 2:17-cv-105-SAB Plaintiffs, DECLARATION OF STEVE RAGAN IN SUPPORT OF CXO MEDIA, INC.'S AND STEVE RAGAN'S MOTION TO 24 DECLARATION OF STEVE RAGAN IN SUPPORT OF CXO MEDIA, INC.'S AND STEVE RAGAN'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR ALTERNATIVELY, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PAGE I ~~~'!fuda# A PROFESSIONAL SERVICE CORPORATION 1900 Bank. of America Financial Center 601 West Riverside Spokane, washinglon 99201 (509) 838-6131 Case 2:17-cv-00105-SAB Document 16 1 KROMTECH ALLIANCE 2 CORPORATION, a German corporation, 3 4 5 6 CHRIS VICKERY, an individual, CXO MEDIA, INC., a Massachusetts corporation, INTERNATIONAL DATA GROUP, INC., a Massachusetts corporation, and STEVE RAGAN, an individual, and DOES 1-50, 7 Filed 04/14/17 DISMISS FOR LACK OF PERSONAL JURISDICTION, OR ALTERNATIVELY, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants. 8 DECLARATION OF STEVE RAGAN 9 I, Steve Ragan, declare: 10 11 1. My name is Steve Ragan. I am over 21 years of age and competent in 12 all respects to execute this declaration. All of the matters stated herein are true and 13 correct and within my personal knowledge. If called as a witness, I could and 14 would testify competently to the following facts: 15 16 17 18 2. I am a Senior Staff Writer for www.csoonline.com ("CSO Online") published by CXO Media, Inc. ("CXO"). 3. I reside and work in Indianapolis, Indiana. I have never anticipated 19 20 being subject to litigation in Washington because I have no business dealings in 21 Washington, own no real or personal property in Washington, have not committed 22 any tortious acts in Washington, nor have I purposefully directed any conduct 23 alleged in Plaintiffs' Complaint toward Washington. 24 DECLARATION OF STEVE RAGAN IN SUPPORT OF CXO MEDIA, INC.'S AND STEVE RAGAN'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR ALTERNATIVELY, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PAGE 2 A PROFESSIONAL SERVICE CORPORATION 1900 Bank o1 America Financial Center 601 West Riverside Spokane, washington 99201 {509) 838-6131 Case 2:17-cv-00105-SAB 1 2 4. Document 16 Filed 04/14/17 Neither Chris Vickery ("Vickery"), Kromtech Alliance Corporation, International Data Group, Inc. ("IDG"), nor the fictitiously-named Defendants 3 (collectively, "Other Defendants") is an agent of mine or ever been an agent of 4 5 mine. I do not control the operations of the Other Defendants, and none of the 6 Other Defendants are authorized to act on my behalf. 7 None of the Other Defendants control me, and I am not authorized to act on behalf of any of the 8 Other Defendants. I have never been an agent of the Other Defendants. 9 10 11 12 5. I did not assist, contribute to, facilitate, or otherwise aid and abet the actions of any Defendant, including Vickery, in obtaining any materials (electronic or otherwise) unlawfully from Plaintiffs. On January 17, 2017, I was contacted via 13 social media and email by Vickery, who informed me that he had information 14 15 regarding a data breach. Vickery has been a source of mine for a number of stories 16 over the years. Vickery sent me several emails with attachments relating to his 17 discovery of the data breach at Plaintiff River City Media, LLC ("RCM"). At no 18 time during Vickery's transmission of the material did Vickery indicate to me that 19 20 he had obtained the material unlawfully. I used the information I received in 21 publishing an article titled "Spammers expose their entire operation through bad 22 backups" on CSO Online. However, I absolutely did not infiltrate RCM's 23 computer networks or other facilities - or facilitate, assist, approve, or contribute 24 DECLARATION OF STEVE RAGAN IN SUPPORT OF CXO MEDIA, INC.'S AND STEVE RAGAN'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR ALTERNATIVELY, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PAGE3 A PROFESSIONAL SERVICE CORPORATION 1900 Bank of America Financial Center 601 West Riverside Spokane, Washington 99201 (509) aaa-e131 Case 2:17-cv-00105-SAB 1 2 Document 16 Filed 04/14/17 to anyone else (including Vickery) in doing so - and I never approved of Vickery or any other Defendant in doing so. 3 6. 4 5 have its principal place of business in Washington. 6 7 Prior to the filing of this lawsuit, I was unaware that RCM claimed to 7. The burden imposed on me in defending this lawsuit in Washington would be substantial. As noted, I live and work in Indiana. Travelling to 8 Washington would be financially burdensome and would substantially interfere 9 10 with my work. 11 8. 12 Executed on I declare under penalty of perjury that the foregoing is true and correct. April 13 '2017 13 14 Steve Ragan 15 16 17 18 19 20 21 22 23 24 DECLARATION OF STEVE RAGAN IN SUPPORT OF CXO MEDIA, INC.'S AND STEVE RAGAN'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR ALTERNATIVELY, MOTION TO DISMISS FOR FAILURE TO STATE A CLAJM PAGE4 1Rn~OQ1v .:1 A PROFESSIONAL SERVICE CORPORATION 1900 Bank of America Ananclal Center 601 West Riverside Spokane, Washington 99201 (509) 838-6131 Case 2:17-cv-00105-SAB 1 Document 16 Filed 04/14/17 I hereby certify that on April 14, 2017, I electronically filed the foregoing with the 2 Clerk of the Court using the CM/ECF System which will send notification of such filing 3 4 5 to the following: Keith P. Scully keith@newmanlaw.com 6 7 Jason E. Bernstein jake@newmanlaw.com 8 Attorney for Plaintiffs 9 10 11 s/Kevin J. Curtis, WSBA No. 12085 WINSTON & CASHATT, LAWYERS Attorney for Defendants International Data Group, Inc., CXO Media, Inc. and Steve Ragan 601 W. Riverside, Ste. 1900 Spokane, WA 99201 (509) 838-6131 Facsimile: (509) 838-1416 E-mail Address: kjc@winstoncashatt.com 12 13 14 15 16 17 18 19 20 21 22 23 24 DECLARATION OF STEVE RAGAN IN SUPPORT OF CXO MEDIA, INc.'S AND STEVE RAGAN'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, ORALTERN ATIVEL Y, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PAGES A PROFESSIONAL SERVICE CORPORATION 1900 Bank of America Financial Canter 601 West Riverside Spokane, washington 99201 (509) 638-6131