DeclarationCal. Super. - 6th Dist.February 1, 2021Alexis J. [)aCosIa (pm sc) dacostaalcxisfi gmail.com 3539 Munroe SI. Apt 20-1 Santa Clara. CA 95051 'l‘clephonc: 858-736-761 8 PlaintiffAHinS DaCOSTA SUPERIOR (‘Ol ‘RT ()F THE STATE OF CALIFORNIA COUNTY ()F SANTA CLARA ALEXIS DaCOSTA. an individual. Case N0. 2101009837 Plaintiff. DECLARATION OF PLAINTIFF V. ALEXIS Da('()STA IN Sl’PPORT OF PLANTIFF‘S MOTION FOR KRZYSZTOF SYWl HA. an individual. TEMPORARY RESTRAINING ORDER. ORDER TO SHOW’ CAUSE Defendant. RE: PRELIMINARY INJUNCTION, AND EVIDENCE PRESERVATION ORDER Date: May 25. 2021 Time: 9:00 AM Judge: Hon. Erik S. Johnson I. Alexis DaCosta. declare as follows: 1. l am m‘cr thc age of 18 and have personal knowledge 0f thc facts set forth herein. and if called and swom as a witness. I could and would competently testify Io the facts set forth below. 2. Over the past 5-6 months. Sywula's actions have directly harmed/harassed myself. my wife. family members. exlcndcd family members. investors. and board members. Sywula's departure from thc compan) uns on his mm accord us hc freely and willingly resigned twice over a few weeks span. first on December 30. 2020. After his second resignation 0n January l4. 2021. l asked Sywula lo return 2 out 0f} cameras \w recently purchased because I didn‘t feel comfortable DI tLARAllU‘x t n [HUM ‘\ I\ st PPUKI n1 \1()1I()\ I(Hgl ASH \l mm! x.-\ FUR (‘()\'SL‘MER RECORDS ('asc No ZICHOOQRW -l ONN¢UI#WN NNNNNNNNN---I-I--n---I- NNOthN-OONNOMhUN-O m'th them in the office: Sywula relum 2/3 cameras. We shook hands on both resigmions and I wished him the best of luck. 3. Symfla makes a false statement in pmagraph 7 of his recent declaration dated May l9. 202 l . claiming that hc “never made any physical threats to Mr. DaCosta or anybody associated with him.“ ()n or about December IO. 2020. Syuula and l were sitting at our desks having a disagreement. Sywula then got up abruptl} . stood over my desk. raised his voice in anger. pointed his finger over me. and cgrcgiously threatened me. l fell physically threatened sitting down in my chair looking up at him and felt that il‘l did not restrain my natural instinct to defend myself. Sywula would have reacted and physically banned me that day. 4. On December l4. 2020. Sywula and l were supposed to meet Monday morning to resolve differences. bul when l came to thc office. Syvmla had already emptied out the omce including his personal belongings and other 'l'eleporl materials. What l didn't realize until later that morning was that one ol'the cameras Symnla setup in the office was supposed to be outward facing, but “as angled and facing towards my desk specifically. It's extremely uncomfortable knowing that Sywula intentionally setup lhc camera lo slalk/watch my reaction when he purposely removed his belongings and planned not to attend the meeting. Attached hereto and incorporated herein by reference as Exhibit l-Z are true and camel photos I took of the empty sewer rack afier Sywula emptied out the office. Previously there was more hardware in the server rack. which is evident by the dangling cthemct cables: Sywula always kept the cables clean and tight. which I respected. 5. Walters makes a false statement in paragraph l of his opposition dated May l9. 2021. asserting that there has been no violence. threat of violence or harassment: Paragraph 3 of m_v declaration contradicts his statement and knowledge of the situation. l encourage Walters to haw an honcsL’elhical conversation with Sywula about the facts/events that transpired. Walters naturally has an ethical and fiduciary duly to ensure that the law and the integrity of the law are upheld. Had Walters taken thc time to undcrstand the real issues like Sywula‘s previous two anomeys. Walters would have had a better scope of the situation and not blatantly accused me of false allegations. Walters continues to obscure the true facts and nature of this restraining order, DECLARA'HON‘ ()l’ DA“ lS'I'A IN SUP“ )RI ( IF MUI'ION 'IO OI 'ASH SUBKWNA FOR CONSUMER RECORN Cu: No. 2 ICHMIJ'I Oflflaubwh’fl N-I-n--I--I--I-- OONQOM§wN-O N N N N N '9 Na only afier getting involved aftcr Symnla‘s previous two anomeys. Despite Walters lack of appearance in this case and no attumcy-of-rccurd on file at that point in time. Sywula served me and m_v wife through Walters on March 30. 202l. 6. In paragraph l nl‘ Walters opposition. Walters statement "there is a business dispute." again highlights his poor understanding of this situation.WW gm because Symfla communicated to mc and the board multiple times that he no longer wanted to be a partner in Telepon. to which the hoard and l did not dispute based on his hostile and belligerent actions. Afier Symfla resigned on January l4. 2021. hc threatened to take Teleport assets with him to his newly opened Delaware LLC 2 days prior. with the name of “Krzymof is the Sole Inventor oflhis Patent l.l.(‘.“ The hoard had a special meeting where Sywula was removed from Telcpon Mobility. Inc. as an Officer and his resignation from the Board of Directors was accepted. The board took similar action “ith respect to Northern Lights. LLC and Sywula was relieved us a manager. as evidenced in Exhibit F. Telcpon brought charges against Sywula in mother case for various business charges. but the business litigation is separate from this matter contrary lo Walters statements. My objective is simple. I'm just trying to stop Sywula from his ongoing personal harassment. vindictive business crusade. and to leave my family and I alone. 7. Pn'or to filing this Restraining Order. Sywula and l met December 30. 2020 at the office around 4PM to resolve our differences afier numerous failed attempts. The conversation ended m'th Sywula resigning and l asked Sywula to provide his letter of resignation in writing by the end of day. to which Sywula acknowledged. verbally agreed to. but failed to comply. The very next day Sywula emails a list of demands contradicting his previous day comments. Over the following two weeks. Sywula's irrational behavior continued with further threats. harassment. and another resignation. ()ul of fear and security. I changed the office keys because Sywula refused to retum them afler resigning in person on January l4. 2021. 8. In Sywula's recent declaration on paragraph 3. SyMlla misconstrucs facts leading up to and aflcr the email communication. Mel's email was in response to Syvmla's threats in his resignation email. "I'm stepping doxm. I‘m quitting Telcport. I'm taking with me all of my 2 DECLARA HUN Ul- DAC()STA IN SUP“ )RT 0F MlmON fl) QUASH SUBPOI'INA FOR CONSUMER RECORDS Cue No. 2ICHMI” fl ONNOM¥WN NNNNNNNNN-A-fl-n-I-I-n--u-n NNOM¥UN-°0“NOMhWNfl° inventions. intellectual property. diagrams. trade secrets. intemet domains. sofiwarc. everything that l conceived before 'l'cleport incorporated." as evidenced in Exhibit G. As a concerned investor. Mcl emailed Symxla and addressed him as an investor. as stated in his email in Exhibit H. Investors have legal recourse if any officer in any company conducts criminal activity. Additionally. Mel‘s mother had passed earlier that day. See Sywula's response in Exhibit H on January l8. 2021 with comments such as "lfyou play stupid games you will win stupid prizes" and “lfyou have a problem with me - deal with it like adults do in the court of law not like a criminal." Ycl Syuula makes a mockery of our court system and has failed to make an appearance in court and has been evading service since. 9. ln paragraph 4 ofSywula‘s declaration. Syuula continues to make false accusations. l have no family or friends in the Sunnyvale Police Department. 0n February l. 2021. I called in a police report with Sunnyvale Police Department because Santa Clara County rejected my initial complaint due to the fact the initial incident occurred in Sunnyvale. Officer Solano came to the Sunnyvale office to further understand my complaint and mentioned that he would contact Sywula for his side of the story. I cannot comment on what Sywula states in his declaration because I was not present. The very next day on February 2. 202] . Syuula texts my mother “I’m asking you to pray for my family. Police is harassing us. we are all hiding since yesterday." As evidenced by a sworn declaration by my mother dated February l7. 2021 in Exhibit I. Generally. people tend to hide from the police when they have something to hide or have done something wrong. which further contracts Syvmla's own statement lo Mel in Exhibit H. Sywula was aware ofthe restraining order prior to relocating lo Poland and has been actively evading service of process since. IO. In pmgraph 5 of Sywula‘s decimation. Sywula states hearsay that my wife and I appeared at his residence. I honestly can't remember. but if this was the case. it was to properly serve Symala because officers said he wasn't properly served. Sywula acknowledges on February l6. 202]. he “as 1mm of the restraining order "I believe this was an attempt by Mr. DaCosta to have me violate the restraining order restrictions." and has been actively evading service ofproccss since. Walters claims that Sywula was not properly served aficr he refused to accept service, while 3 DECLARATION ( il- DACUSTA IN SUPRiRT 0F MOTION TU Ql'ASII Sl'BKfl-TNA FOR CONSUMER RECORm Cue No. ZICHMIH OQNOMAUJN- NNNNNNNNN-I--I-----_- “NQMhUN-OONQOMOWN-o at the same time Sywula states harassmem’stalking by the police. my family. and l. l l. 0n March 24. 2021 m_v \\ il'c accidently called Symfla for literally one second (didn't even ring/connect) in attempt to pull up his address from her phone. so she could personally serve him after the court rejected numerous service attempts by sheriffs and Knox Services. Sywula states in pmagraph 6 of his declaration that "This stakc-out and constant surveillance is disturbing to me and my family." However. Sywula stated hc was in Poland at the time. which further contradicts his argument. Still to date. l do not believe s_nwla is/was in Poland on the dates he claims because he is untrustworthy and his irrational behavior. 12. On February l. 202 l . this ('oun entered a Temporary Restraining Order. “based on unlawful violence. a credible threat of violence. or stalking.“ The Order also commands Sywula to not "harass. intimidate. attack. stalk. threaten. abuse. destroy personal propeny of. or disturb the peace of the person." The Order remains in effect. following Sywula's failure to appear at a March 23. 2021 ()rder to Show Cause hearing. (‘hris Walters and Syvmla know that it's not ethically correct to sign off on a subpoena that violates an active TRO "harass. intimidate. attack. stalk. threaten. abuse. destroy personal property of. or disturb the peace ofthe person." This is a violation of the granted Restraining Order - harassment. intimidation. stalking. threatening. and disturbing the peace: especially when neither ofthcm made an appearance or accepted service. The subpoenas would assist Symfla in tracking my family and l. which is an invasion of our privacy. 13. Spwla continues to intimidate and harass me by selectively contacting investors with false allegations at any time he pleases. leaving me to deal with the fallout while continuing to operate the business. 0n February 18. 2021. Sywula sent a defamatory email to a handful of investors. aflcr he freely and willingly resigned as evidenced by Exhibit J. 0n March 29. 2021, Sywula continued his cmsadc and ongoing harassment by emailing mom investors accusing me of false allegations in addition lo sending an email on March 23. 2021. lo which l did not. Not only did Syvmla email existing investors this lime. but he also emailed prospect investors/business relationships which harms myself. the company. existing investors. and future fundraising prospects. as evidenced by Exhibit K. 4 DECLARATION OF DAl‘USTA IN SI‘PHIRT ()l" MOTION T0 QlZASH SUBHMENA FUR CONSUMER RECORm Cue No. ZICHMJT QQQOM¥WN- NNNNNNNNN-I-I-I-Inu-u-In-n- ”QOM#WN~°ONQOM¥WN#° l4. Additionally. Sywula has harmed/harasscd me and causing emotional distress by deleting/disabling my business email account 3 times since he resigned January l4. 2021. Even afier Sywula msigncd. he retained higher admin access to a company he lefi, which is unauthorized access. The first time he disabled/deleted is further evidenced in Exhibit G. l5. Sywula has/had unfettered access to my personal email accounts and business email account over the past 5-6 months. Sywula clandestinely kept copies of my personal data without my consent. l found m_v personal data under his business folder that I was able to download/copy from G-Suite on 4/30.’2 I . Sywula kept copies ofmy marriage certificate in addition to various other personal data that I don't want public. I have a screenshol from May 7, 2021. when l became aware ofSywula having my marriage certificate and other documents. further evidenced by EXHIBIT L. I’m scared for what he will do with my personal data and that ofmy family’s data too. l6. The definition of harassment in the Civil Code as Walters acknowledgm is not limited to only physical harm as both Walters and Sywula insinuate throughout their declarations, oppositions. and quash motions. Although Sywula may or may not be in Poland. threats ofphysical harm are not the only concern my family and I have - cyber-altacks. invasion of privacy. unfettered access. unauthorized access. and constant harassment over the intemet are greater concerns with Sywula's background. This has caused emotional distress and paranoia based on the harassment definition that Walters provided; it should wcll-understood that the harassment term is broader than Walters cares lo admit. This credulous way ofthinking has added more fuel to the fire, which has resulted in Walters making another naive statement. “Defendant's presence in Poland means that there is no threat of physical harm to Plaintiff further making Plaintifi‘s sworn statements to be false.]“ 17. Sywula and Walters cannot game the system to gain access to private, sensitive personal records. which vn'll put myself in danger by revealing my physical location data and thm of m_v family. While at the same lime Sywula actively evades service of process and flaunts his contempt for this Court by continuing to harass and intimidate my family and I. Sywula is 5 DECLARATION 0F DACOSTA IN SUPPORT 0F MOTION TO OUASH SUBml-TNA FOR CWSUMER RECORN Cue No. 2|CHM9|31 ONNOM-hUN-I NNNNNNNN-a-I-fl-n-fl-nu gQQM&UNfl°ONNOMhWNflO attempting to sham personal records subpoena for cell phone records and data, served on Verizon Wireless Services. LLC and T-Mobile USA. Inc. Disclosure of personal cell phone account information. including location and association data would represent an offensive. invasive encroachment ofme and family‘s private affairs. brought about by the unreasonable gamesmanship of Sywula and Walters. Disclosing the data Sywula demands would threaten the personal safety and wellbeing ofmy family and l. and lead to a substantial. unwarranted invasion of privacy. I am outraged by Sywula and Mr. Walter‘s attempts to use the subpoena power of this Court to gain access to my wife and l‘s sensitive. private. personal location and association data, particularly when this Court's Order prohibits Symnla from stalking. harassing. and intimidating. 18. Every day l live in fear ofopening up my laptop and finding another action Sywula has taken to cause harm to m_v family or l. l am genuinely fearful ofmy personal safety and that of my family‘s. given the threat of stalking. intimidation. ongoing harassment. disturbing the peace. and possible violence Symnla represents. Syvmla's actions already prove he cannot follow a granted Restraining Order and thinks he‘s above the law. Sywula’s conduct and ongoing. vicious acts of harassment arc greatly disturbing to my family and I. I am scared and feel that no one can stop Sywula fi'om trying to ruin my life. my family‘s lives, and my business. I just want this harassment to stop. l9. l request that the Court expands the scope of the current scope of the Order to prohibit Sywula from communicating vn'th my family, extended fimily, investors, prospect investors. and business development relationships. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Mayl ‘ . 2021. at Santa Clara. Cdifogia- Z / l Is DaCosta r 6 DECLARATION OF DACNTA IN SUPHRTOF MOTION TO QUASH SUBPOENA FOR CONSUMERm CIIG No.Hm}? EXHIBIT E '52:. ’ W5 3’“ - 1- EXHIBIT F MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF TELEPORT MOBILITY, INC. This meeting was called Io order and was occasioned by a series of interactions between members ofthe board :md Krzysztof' Sywula which have become increasingly disconccning. This meeting becomes imperative, when, on January 14, 2021, Krzysztof indicated, in an email Io the board. that he is resigning, and, according to the text ofhis email he is: “...taking with me all my inventions, inteli'ccmdl propeny. diagrams, iradc secrets, imcme: domains, softuare ..... “. 1n addition to his resignation, it appears that Krzyszzof has disabled the company sofiware. and blocked access to company servers, including email servers. Officers and directors ofthis company, and any other, owe a duty of loyalty to the company, and its investors, and this behavior runs contrary to that duty. and as such, in accordance with Article V, Section 4 of the Companies Bylaws, Mr. Sywula was removed from the company as an officer, and his resignation from the Board ot‘Dircctors ofthc company is accepted as oflanuary 14, 2021. / Alekfsflia-Costa" é V1556, / Melville DaCosta m’- e a-c ~57 . Russell A. Davis SPECIAI Mlili'l‘lNfi ()l' lHli MEMBERS OF NORTHERN LIGHTS. LLC a Delaware Limited Liability Company A Special Meeting Ofthe Members ofNorthern Lights, l,l,(‘ was called on this 14‘“ day 0f January 2021 to consider who should perfoml the service 0f Manager ot‘this Company. In consideration ot‘the recent communications with and from Krzysztof Sywula and in consideration ofhis resignation from Tclcport Mobility. Inc. and the acceptance thereoffrom the Board of Directors, it was deemed appropriate by the Board of Direcmrs of Telepon Mobility. Inc. to call this special meeting 0f Members ofNunhcm l,ighls, [.I‘C to order. Ofconccm 10 the Board 0t Directors OI lclcpon Mobility Inc which controls 97° ’o ot the membership interests ofNonhem Lights, LLC, 15 that Mr. Sywula appears to be withdrawing from his involvement with Teleport. and directly 0r by extension, Northern Lights. LLC. Mr. Syvmla appears t0 have taken some property of Tclcpon‘s, and Mr. Sywula has threatened some 0r all ofthe board members and vendors ()fthe compam by stating that he will lake all 0f the company intellectual property with him and start a new company ofhis ovm. Clearly, such commentary. and such behavior warrant a change in management ofNorthem Lights, LLC, holder ofintellcctuul property which is exclusively licensed to Teleport Mobility, Inc, and which is what the Members are affecting by this meeting today. Pursuant to Article 4.1 of Lhc Northern Lights LLC Operating Agreement, the majority of Members of Nonhem Lights, LLC have delennined that from this day forward, until the Members determine otherwise. Alexis DaCosta shall be the sole Manager of Northern Lights. LLC. Dated: Januan l4. 2021 By: /1/:) //4/ ?\rhille Dacos‘t'a. Directon lcleport Mobility. Inc, vWham. Director. Telepon Mobilizffi. The undersigned hereby agrees. to scrxc as manager for this LLC. By: % y/K-y/7 _/ J L/.~ Alexis DaCosta EXHIBIT G Gmail - Fwd: Telepon moving forward lof2 https://mail .google.com/mail/u/0?ik: 124ff8d9 l b&view=pt&search=all&... M Gma” Alexis DaCosta Fwd: Teleport moving forward 1 message Alexis DaCosta To: Mel FYI Forwarded message ----- From: Alexis DaCosta Date: Thu, Jan 14. 202 a Subject: Re: Teleport movmg for:.ard To: Krzysztof Sywula Cc: Russell That is fine that you step down. But why dud you disable my work email account? lmn't work now. Go gie Account disabled Your Google Account was disabled by your Google Workspace administrator. Contact your administrator for help. English (United Slates) V Help Privacy Ierms Thu. Jan 14, 2021 at 1:41 PM S/21/21.9:52 PM Gmail - Fwd: Teleport moving forward hllpsz/hnail.googlc.com/muil/u/()‘.’ik: l 24l'l'8d9lb&\‘icw:pl&scarch=all&... On Thu, Jan 14, 2021 at 1:12 PM Krzysztof Sywula wrote: Russ, Alexis, I'm stepping down, I‘m quitting Teleport. I'm taking with me all of my inventions, intellectual property, diagrams, trade secrets, internet domains, software, everything that I conceived before Teleport incorporated. Effective immediately. I'll be in touch with investors. 2 of2 5/21/2l . 9:52 PM EXHIBIT H Gmail - FW: FW: Krz Threat Moving Patents/Software to Krz's LLC httpsz/lmail.google.c0111/mail/u/0?ik=l24ff8d9lb&view:pt&search=all&... M Gmail Alexis DaCosta FW: FW: Krz Threat Moving PatentsISoftware to Krz's LLC 1 message From: Krzysztof Sywula Sent: Monda .January , :mm Subject: e: : r2 rea oving Patents/Software to Krz's LLC You crossed the line. My immigration and my work has nothing to do with your problem. If anything happens to me or my family this email will be sent to the police. If you play stupid games you will win stupid prizes. You clearly can't separate business and personal life. If you have a business problem with me - deal with it like adults do in the court of law not like a criminal. All your assets are on the server. You can have my wine too, it's in the garage. I know you have sticky fingers just like Alexis does. More assets for you. lof4 5/21/21.9:54PM Gmail - FW: FW: Krz Threat Moving l’alcnls/Sofnmrc lo Krz‘s LLC hupsz/hnuil.gmglcxmn/nmil/u/()‘.’ik=l24H‘8d9l b&vic\\'=pl&scarch=all&... I'm done with you, I don't need you in my life. You are greedy and evil. And I didn't take any of your dirty money, ask Alexis for returns. PS. I'm sorry to hear about your mother. 0n Fri, Jan 15. 2021 at 10:01 AM mel wrote: Since Alexis cmuil bounced and don‘t knmx i1'_\ou umk dmxn lhc site. 50 l emailing )ou 0n )0ur personal email rather than _\our imcl cmuil uddrc». l want to make surc you get this cmail. l scm last night Thanks From: mel Sent: Thursday January 14 2021 6 29 PM To: 'Alexis DaCosta‘ : 'Russen «rzysztof Sywula' Subject: RE: Krz Threat Moving Patents/Software to Krz‘s LLC M)‘ mother dicd loda) 21nd l don‘t nccd this garbage 1min}. l haw not seen this until no“. l have t0 deal \\ ith other more pressing issues Kryz. This is addressed I0 you as an investor. 20f4 5/21/2|.9:54 PM Gmail - FW: FW: KrLThreat Moving PalcnIs/Sol‘murc lo Krl's LLC hllps://mui|.g: Krzysztof Sywula Subject: Krz Threat Movmg Patents/Software to Krz's LLC Hi Mel, Russ. and Krz, Krz just came into the warehouse to let me know that he opened an LLC in Delaware and that he is moving all the patents and software to his new LLC‘ ‘ Meeting was 5 minutes long. Krz said he wanted to work with me but under his terms. I told him | don't accept his terms and that I‘d like to work together under the original agreement. If he really did want to work together. then he wouldn't have already created an LLC and been speaking with his lawyers. I asked him for his keys to the warehouse and he refused. As he left, he said you will hear from my lawyers. Rather more urgent now. I think we should have a board meeting in the near future (pending Krz board confirmation). Best. Alexis ‘ The information contained in this communication is intended solely for the use of the individual(s) or entity to whom ' it is addressed and others authorized to receive it. It may contain confidential or legally privileged information. lf you are not the intended recipient. you are hereby notified that any disclosure. copying, distribution or taking any action in reliance on the contents of this communication is strictIy prohibited and may be unlawful. If you have received this communication in error, please notify me and delete it from your system. S/ZI/ZI . 9:54 PM EXHIBIT I ©WNQM§WNH --NNN---HH-~ qaquwflocooqomAww-do 28 £1. ludwigm munu-u noun" Iii- Frederic G. Ludwig, III (CA Bar No. 205332) eric.ludwig@ludwigiplaw.com Andrew J. Kubik (CA Bar No. 246902) andrew.kubik@ludwigiplaw.com LUDWIG, APC 12463 Rancho Bernardo Road, No. 532 San Diego, California 92128 Telephone: 858-945-43 14 Attorneys for Plaintiffs TELEPORT MOBILITY, INC. and NORTHERN LIGHTS, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TELEPORT MOBILITY, 1NC., a Nevada Case N0. 5221-CV-00874-SI corporation; and NORTHERN LIGHTS, LLC, a Delaware limited liability company, gEgI駥QI§OSNuggg£TM8PNDA PLAINTIFFS’ Exmum; MOTION FOR TEMPORARY RESTRAINING ORDER, ORDER T0 snow CAUSE RE: PRELIMINARY INJUNCTION, AND KRZYSZTOF SYWULA, an individual, EVIDENCE PRESERVATION ORDER Plaintiffs, v. Defendant. Date: February 1 1, 2021 Time: Courtroom: l Judge: Hon. Susan Illston I, Samanda DaCosta, declare as follows: 1. I am over the age l8 and l have personal knowledge of the facts set forth in this declaration. If called as a witness for this purpose, I could and would testify competently under oath to the facts stated herein. 2. I make this declaIation in support of Plaintiffs’ TELEPORT MOBILITY, INC. (“Teleport Mobility”) and NORTHERN LIGHTS, LLC’s (“Northern Lights”) Ex Parle Motion for Temporary Restraining Order, Order to Show Cause Re: Preliminary Injunction, and Evidence l DECLARATION 0F SAMANDA DACOSI'A IN SUPPORT OF EX PARTE MOTION FOR TRO Cm No. 5:2 I -cv-00874-Sl waQM¢WNH NNNNNNNNI-u-or-Au-ip-‘y-n-p-uu QQMbWND-‘OQOOQOMAWNHO 28 @u-ludwigm \I llruumn nun." nu Preservation Order (the “TRO”). 3. I am the mother of Alexis DaCosta, who is the co-founder, president, Chief Executive Officer, and Chief Financial Officer of Teleport Mobility. 4. I have known the defendant in this case, Krzysztof Sywula, for over five years. I have been friendly with MI. Sywula and his wife, and their two children. The Sywula family has stayed in my home numerous times. I have offered my help and assistance to the Sywula family many times, including watching over the children so that Mr. Sywula and his wife could have a night out. 5. MI. Sywula and I have exchanged telephone numbers. On February 2, 2021 at 4:10 pm. I received a test message from Mr. Sywula stating, “I’m asking you to pray for my family. Police is harassing us, we are all hiding since yesterday.” Attached hereto as Exhibit 10 is a true and correct copy of an image of the text message I received from Mr. Sywula on February 2, 2021 at 4:10 p.m. Executed on February 17, 202] in San Diego, California. 2 DECLARATION OF SAMANDA DACOSTA 1N SUPPORT 0F EX PARTE MOTION FOR TRO Case No. 5:21-cv‘00374-Sl Turxddy fo-tthmw. RUN I'm asking you to pray for my family. Police is harassing us, we are all hiding since yesterday. 4:1 O PM a a + 9 .|.|.. EXHIBIT J From: ducoslu-l‘ruml [nmilloxiuuMu-{mud (I pmlnnmailxom] Sent: 'l‘hursdu). l?cbruuly 18. ZUZI 1:13 |’.\l To: Subject: Alcxis Dacosta - idcnlil) Ihcl'l Dear Teleport Investor. On January 27 2021 Alexis Dacosta sent out fraudulent email to you that included Teleport quanerly communication. Alexis Dacosla committed identity lhcl‘l and forged my signature in Ihc email and in [he report - Krzyszlot‘Sywula. I have not seen this report. l huVe not consented lo send such a fraudulent report and I did n01 apprm'c any m‘lhc inlbrmalion contained therein. I‘m informing you that Alexis Dacosla committed this fraud Io deceive investors. Alexis Dacosla promised in my namc Io dclchr sofmurc and patents. [n my opinion all those promises arc straight up lies. unrealistic and only scrvc t0 fool investors. In my opinion no patents will be granted in 2021 based on timclincs and no trucking software. Moreover. Alexis Dacosta is spending all your hard camcd money 0n his own salary so he can live luxury lifestyle. rem luxury apartment and purchase luxury items like cars. TVs. mobile phones and travel to exotic destinations. 'l‘clcpon makes n0 rcvcnuc and the biggest expense ot‘all is Alexis salm)’. All monc)‘ is nearly gone and l think soon Alexis will ask you for more. I'm informing you that I filed police report and FBI has been notified. You as investor have right Io make informed decisions. Please revaluatc your choices based 0n this information. Krzysztof Sywula EXHIBIT K Gmail - RE: Identity theft / fraud investigation hllpsz/mmil.googlc.cmn/muil/u/O‘3ik:|24l‘18d9lb&\ icw:pl&scarch=all&... lof2 M Gmall Alexis DaCosta RE: Identity theft / fraud investigation 1 message mel Tue, Mar 30. 2021 at 8:36 AM To: Cc: dacosta alexu N0. alexis cx purlncr is gone crux). slolc data. “ants control oflhc company. Alexis has tried serving him ccasc 21nd deceased papers. filed police rcpons. Kryz is hiding so we cannot serve him papers. So he is I} ing to all about “hat is going on Attornqs have been trying Io serve Kryz. We are filing bulh ciVil and criminal cusc against Kr) s Kr); has put m} ccll number 0n the \xch and l gel calls from people ordering from sulma}. SO Kryz has become a major problem for us and Alexis has Io deal \\ ilh it. Ilc hacked and stole all the data from the computers. (iood thing Ihc patents arc sccurc \\ ith thc company and he has no control 0r 5a). He has even threatened Ihc pattern atlornc). Alexis has told all Ihc investors last month “hat \\ as going 0n. so there is n0 issue there. Wejust have l0 deal with his crap. sorr) for gelling )ou inmlvcd Thanks From: Sent: Monday‘ March 29 2021 1O 14 PM To: Alexis Cc: mel 5/24/21 . 9:36 PM Gmail - RE: ldcnlil) lhcl'l / fraud imcsligalion hllpsz/hnuil.gmglc.com/mui|/u/()'.’ik:|24fl‘8d9lh&\ icw=pl&scurch=all&... 20f2 Subject: Fwd: Identity theft / fraud investigation Hi Alexis Hope all is well. l received below email. ls it legit? Thanks From: Krzysztof Sywula Date: March 29, 2021 at 4.27 30 PM GMT+3 To: Subject: Identity theft / fraud investigation Dear-, | hope you are doing well! It is my knowledge or belief that Alexis DaCosta, CFA has been signing documentation and emails using my signature. | already filed a police report and notified the FBI about forgery, identity theft and fraud. The scope and timeframe of this conduct is being investigated. You may have received an email from Alexis DaCosta, CFA on January 27 2021 signed with my name. Please be informed that | did not consent and l did not agree to any of the information presented therein. Moreover, | believe that it contains intentional misinformation and deception about important facts and deadlines which can lead to bad investment decisions. You may have received an email on or about March 23 2021 signed with my name. If so, be informed that I am not the author and I did not consent and | did not agree to any of the information presented therein. If you have or will witness in future any suspicious communication or documentation with my name on it - please let me know. Your help will be very appreciated. At the same time, if we invested together, | promise that | do everything in my power and ability to make sure your investment is safe and well. Yours Truly: Krzysztof Sywula 5/24/2l . 9:36 PM EXHIBIT L u.-. V... .__._. .- ........ r ' a 'n'x u _ I u am ‘.-. ‘ - ‘ ‘ ‘ , m,‘ m. n . «J'L wow“ A:Aquu.» .1..L L.J.'L II g.gz“ .JL.J- u,-..J5 A .r qr Jun.) ' ow. 'Jeum m» ‘ .ro': .t~ou- "Ot “ch Aw. MI»:»_. A(:(AC »_1 "'0': I‘MrtJ A‘ew} A' :y. p“ v ; fl," . m'H. an l. ‘ 4 Nv‘ i Nw- .".A ~y , u ; v Amen nun - -v , j )1 m.gx :; I I I I'll CIITIHKDCWY 0‘ VIA... RECOIDS nrv 51.1w: mfi :su'AtuM 535‘ r‘ 7029 p.-uw w: - n-o uv r. .. v. m. .-... ,-.s..‘.~ . . ..,.. ‘
