Ex Parte Application Notice RequiredCal. Super. - 6th Dist.August 26, 20210 CT 2 s 2021 1 STEVE HANLE, State Bar No. 168876 Court shanle@stradlinglaw.com BSumfioorlerk Of tcmhen otsanta Clara 2 MATTHEW STEPHENS, State Bar No. 288223 DEPUTY mstephens@stradlinglaw.com WEN 3 STRADLING YOCCA CARLSON & RAUTI-I A PROFESSIONALCW 660 Newport Center Drive, Suite 1600 4 Newport Beach, CA 92660-6422 Telephone: 949 725 4000 5 Facsimile: 949 725 4100 6 Attomeys for Plaintiff m Compile, Inc. dba BetterHelpO 7 9 9 - 3 E é. {:3 11 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA C.” 3: (o Z'J w g 5:4 3]! r33 :1: 9 FOR THE COUNTY 0F SANTA CLARA c.) D I) m )2giflexw” f2“ “-7: r- g 5-: 11 Compile, Inc. dba BenerHeIp, CASE N0. 2101387735 :5_‘ 12 Plaintiff, Unlimited Civil Action 13 vs. PLAINTIFF’S EXPARTE APPLICATION FOR AN ORDER 14 Does 1-10, ALLOWING IT T0 SERVE A DEPOSITION NOTICE _ 15 Defendant. 4:: Q3 TELEPHONIC APPEAREANCE P- a J 16 REQUESTED 5 CL 17 Unlimited Civil (5;: 18 Date: November 1, 2021 c5 _; «V» Time: 8:15 a.m. F ,_ l9afiw Dept: 19 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that on November 1, 2021 at 8:] 5 a.m., or as soon thereafter 23 as this matter may be heard in Department 19 of the above-entitled court located at located at 24 161 North First Street San Jose, CA 951 13, plaintiff Compile, Inc. dba BetterHelp 25 (“BetterHclp”) hereby applies ex parte for an immediate order granting leave to Serve a 26 Deposition Notice to the company Gripeo.com (the “Website”) to seek information sufficient to 27 identify the Doe Defendants. 28 STRADLING YOCCA -1- CARLSON & RAUTH "flynggzm PLAINTIFF’S EX PARTE APPLICATION TO SERVE DEPOSITION NOTICE 4827~0409-3179v6/106774-0001 1 Plaintiff seeks relief on an exparte basis pursuant to Code of Civil Procedure 2 §2025.21 O(b), which provides, “[o]n motion with or without notice, the court, for good cause 3 shown, may grant t0 a plaintiff leave to serve a deposition notice on an earlier date.” (emphasis .p added). BetterHelp has examined these statements 0n the Website, identified more specifically below, at issue in Plaintiff‘s complaint in an effort to identify Defendants. However, because Defendants published the statements 0n the Website anonymously, and no identifying information is disclosed as part 0fthe Website or the statements 0n the Website, Plaintiff and its attorneys have not been able t0 identify Defendants. (Declaration of Matthew R. Stephens in OKOOOQQM 1 Support of Plaintiff’s Ex Parre Application for Expedited Discovery 1N4, 7-8.) 1 1 Plaintifi attempted to provide notice t0 Defendants ofthis ex parte motion pursuant t0 12 Rule ofCout’t 3. 1204 0n October 14 and 26, 2021 by emailing the Website and requesting that 13 the Website provide notice of this application to the authors of the Defamatory Article. 14 This exparte application is based on this notice 0f ex parte application and application, 15 the memorandum of law in support thereof and attached hereto, and the declaration 0f Matthew 16 R. Stephens submitted in support 0f this application, and all pleadings and records 0n file in this 17 action. 18 19 DATED: October 27, 2021 STRADLING YOCCA CARLSON & RAUTH PC 2° yézézz/By: 21 Steven Hanle I’ 22 Matthew Stephens Attorneysfor Plaintijj’Compile, Inc. dba BerterHelp 23 24 25 26 27 28 STRADLING Yoccn -2- CARLSON & RAUTHmum PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICENEWPOIT BEACH 4827~0409-3 l79v6/1 06774-0001 1 ’ NIEMORANDUM OF LAW IN SUPPORT OF [EX PARTE] 2 APPLICATION TO SERVE DEPOSITION NOTICE 3 I. INTRODUCTION 4 An individual- 0r individuals- who has chosen t0 hide behind the veil of secrecy and 5 comfort provided by the Internet has mercilessly defamed BetterHelp through a systematically 6 categorized article masquerading as a consumer “expert review” that misstates many facts and 7 cuts others out 0f whole cloth. BetterHelp seeks the court’s assistance in identifying these 8 individuals so that they may be held to account for the injury they have caused - and continue to 9 cause - BetterHelp’s reputation 10 BetterHeIp was founded in 2013 with the mission 0f making professional therapy 1 1 accessible, affordable, and convenient. BetterI-Ielp offers access t0 licensed, trained, 12 experienced, and accreditsd psychologists (PhD / PsyD), marriage and family therapists (LMFT), 13 clinical social workers (LCSW ILMSW), and board licensed professional counselors (LPC). An 14 extensive study by the Berkeley Well-Being Institute found BetterHelp could be as effective as 15 face-to-face therapy, with 94% of participants preferring BetterHelp t0 traditional face-to-face 16 therapy.‘ l7 Recently, BetterHclp discovered an anonymous purported “expert review” placed 0n the 18 website www.gripeo.com. (Declaration of Matthew R. Stephens in Support 0f Plaintiff’s Ex 19 Parte Application for Expedited Discovery (“Stephens Decl.”), Ex. A (the “Defamatory 20 Article”); see also Compl. 1113, Ex. A.) As alleged in the Complaint, this “review” makes 21 several false statements without support, including that BetterHelp uses “unlicensed ‘therapists’” 22 to “prey[]” on the mentally ill. It also gratuitously accuses BetterHclp’s founder and CEO Alon 23 Matas of being a “[s]adist scam[ming] mentally ill.” By design, the article creates the false 24 impression of an unbiased and impartial “review.” Indeed, it bears the label “expert review.” 25 Despite this label, the author H 0r authors - declined t0 identify themselves by name or even to 26 provide an avatar from which readers could assess their purported expertise. Moreover, the 27 28 ' Imps://www.ncbi.nlm.nih.gov/pmc/anicles/PMC6364202/ STRADLING YOCCA -1- CARLSON & RAUTMmm: PLAINTIFF’S EX PARTE APPLICATION TO SERVE DEPOSITION NOTICENEwPauf BEACH 4827-0409-3 I 79v6/1 06774-0001 1 “review” quickly dispenses with any pretense 0f impartiality and dives into rank speculation, as 2 the author explains the “review” is predicated on afriend’s, sister’s experience. (Stephens Decl., 3 Ex. A.) That this “review” appears third in the Google search results for BetterHelp’s founder, 4 Alon Matas, only multiplies exposure to it and harm t0 BetterHelp. 5 BetterHelp filed this defamation suit to address the harm to BetterHelp’s reputation and business. The anonymous nature of the post prevents BetterHelp from ascertaining the author 0r authors’ true identifies. As such, BetterHelp does not know who should be served with this lawsuit and any resulting discovery. BetterHelp has n0 choice but to'request leave from the Court t0 serve a subpoena 0n the administrators of www.gripeo.c0m. (the “Website”) and the OWOO‘xJON I Defendants’ intemet service provider(s) (“ISP”) t0 obtain the Doe Defendants’ identifying 1 1 information. 12 BetterHelp’s requested relief is warranted under California law, including the standard 13 articulated in Krinsky v. Doe 6 (2008) 159 Cal.App.4th 1154. Expedited discovery is warranted 14 under California law because Plaintiff has established a prima facie claim for defamation, 15 Plaintiff has sought to inform Defendants 0fthis motion, and no non-judicial means of 16 identifying Defendants are available. BetterHelp accordingly requests that the Court grant its ex 17 parte motion for early discovery. 18 II. BASIS FOR EX PARTE RELIEF 19 Plaintiff seeks relief 0n an exparte basis pursuant t0 Code of Civil Procedure 20 §2025.21 O(b), which provides, “[o]n motion with or without notice, the court, for good cause 21 shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date.” (emphasis 22 added). 23 BetterHelp has examined the Defamatory Article at issue in its complaint in an effort to 24 identify Defendants. However, because Defendants published the Defamatory Article 25 anonymously, and no identifying information is available on the Website or article, Plaintiff has 26 not been able t0 identify them. (Stephens Dec]. W4, 7-8.) 27 Plaintiff attempted to provide notice to Defendants 0f this ex parte motion pursuant to 28 Rule of Court 3.1204 on October 14 and 26, 2021 by emailing the gripeo.com administrators and STRADLING YOCCA -2- CARLSON & RAUTHme PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICENEWPORT BEACH 4327-0409-3 1 79v6/106774-0001 K000“ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING YOCCA CARLSON 8: RAUTH LAWYERS Ncwpoa'r BEACH requesting that they provide notice 0f this application to the authors 0f the Defamatory Article. The Website administrators have indicated they forwarded the documents t0 the author. (Stephens Decl., Ex. D.). III. STATEMENT OF FACTS On or about August 27, 2020, an anonymous user posted a purported “review” on the website www.gipexom. (Stephens Decl., Ex. A.) The anonymous author purports to offer an “expert review” that contains numerous false statements. A Google search of BetterHelp’s founder, Alon Matas, yields this “review” as the third result: https:/Nw~/.gripeo.com > Red Féags Alon Matas - Sadist Scams Mentally ill & Makes Millions - Gripeo Aug 27. 2020 -A|on Matas is the CEO and founder of BefierHelp. He founded this company En 2013 and has been on its board of directors ever since. There isn't “31-1”: é: Rating: 3.210 « 4 reviews My Friend's Little Sister... -Alon Matas‘ Scam is... ‘ HowAion Matas Runs The... (Compl. 1113, Ex. B.) The “review” asserts several false factual statements: (a) BetterHelp “is an elaborate scam”; (b) “It is clear that BetterHeIp got fake reviews posted on their online listings to make people think that they arc not a scam”; (c) BetterHeIp Uses “Unlicensed Therapists”; and (d) “BetterHelp doesn’t pay its therapists and offers r10 support.” (Id) As alleged in the Complaint, these statements are all false. BetterHelp’s terms and for its counselors conditions - referenced in the Complaint and available 0n BetterHelp’s website - provide that BetterHelp carefully scrutinizcs the licenses of prospective therapists and compensates them fairly. BetterHelp goes to great lengths t0 foster and maintain its reputation by employing a rigorous selection process for partnering with counselors that includes verification 0ftheir Iiccnsure status? And once it finds these professionals, BetterHealth fairly compensates them, as they on average can earn $100,000 annually3 : 2 See https://www.betterhelp.com/counselors/tenns/. 3 https://www.betterhelp.com/counselor_app1ication/?counselor350= 1 &utm_content=3500ffer&ut m_source=adwords_counsel0r&utm_campaign=counselor_recruiting&utm_medium=Search_PP PLAINTLFF’S APPLICATION TO SERVE DEPOSITION NOTICE 4827-04093179v6/106774-0001 2 SMW Esllmaled Eamingswilh BetIerHelp g . Iwmrlowork: “Fullthr (7PM (Int 3 memmmm ‘0WWW: a. 4H fir- L ~ “‘3 * 4 m 11 3° >WP¥RMEK som ‘ ' ' ‘ ‘fiLLTIIfiXXiT-aw ‘EstimatedAnnualEarning $100,1000 5 4:17;”:31m33334.‘ 6 7 8 BetterHelp enjoys a sterling reputation as a platform t0 match members in need of 9 therapy with licensed caregivers at accessible prices, with an “Excellent” rating from TrustPilot.4 10 The app is the highest rated online therapy service in Apple’s App Store (based on 34,000 11 reviews).5 It is also one of the highest rated online therapy service on Google (based on 15,000 12 reviews)“ Further, BetterI-Ielp is “A” rated by the Better Business Bureau.7 13 In addition, the “review” links to several other similarly conspiratorial “reviews” bearing 14 no relevance to even the subj ect matter 0f the review and thereby falsely creating an association 15 for readers between them. Examples include: 16 a) The statement, “1n this post I won’t be covering the already known facts about 17 BetterI-Ielp and Alon Matas. Most people already know it is an elaborate scam after all 18 the YouTube drama in 201 8,” links t0 an unrelated article on a company called 19 “AussieTrust.” (https://www.gripeo.com/aussietrust-reviewO. 20 21 C_c&utm_term=better+heIp+j0bs&gc1id=CijCAjwz_WGBhA 1EiwAUAxIcQgMHDWgszy 22 quSFyhdngos-dTnM3thAdthQUOSZGp- z6chmRoCngQAvD_BwE¬_f0und=1&gor=rd_counselor_application. 23 4 See Trustpilot, BetterI-Iclp, https://www.trustpilot.com/review/www.betterhelp.com (last visited July 9, 202]). 24 5 https://apps.apple.conflus/app/betterhelp-online-counseling/id995252384 (4.8 rating based on 25 41 .SK ratings); cf. Talkspace (4.2 rating based on 20.7K ratings); cerebral (4.7 rating based on 4.2K ratings) 26 6 https://play.google.com/store/apps/details‘?id=com.betterhelp&hl=en_US&gI=US (4.5 rating based on 18,093 reviews); cf Talkspace (3.9 rating based on 3,186 reviews); Cerebral (4.6 rating 27 based on 1,824 reviews) 7 BetterHelp is rated 4.08/5 stars on BBB’s website. https://www.bbb.org/us/ca/mountain- 28 view/profile/psychologist-referral-service/betterhelp-121 6-262454 STRADLING YOCCA -4- “RLSE’ifiFWH PLAINTIFF’S APPLICATION T0 SERVE DEPOSITION NOTICE Nzwponr BEAcu 4827-0409-3 1 79v6/1 06774-0001 1 b) The statement phrased as a question, “Should BetterHelp be allowed to play with lives of 2 mentally i1]? Why is there n0 lawsuit against Alon Matas for fraud, malpractice and 3 misconduct?” links t0 an unrelated article on a company called “Cardone Capital.” 4 (https://www.gripeo.conflcardonc-capitaI-review/). 5 There is no basis for associating these unrelated companies accused of financial misdeeds with 6 BetterHelp. Nor does the anonymous author attempt to support these unsubstantiated 7 associations. 8 Further exhibiting the malicious nature 0f the Defamatory Article, this purported 9 “review” also gTatuitously impugns the character of BetterHelp’s founder, Mr. Alon Matas, 10 whom it describes as a “sadist.” (See id. (describing Mr. Matas as: “Sadist Scams Mentally ill & 11 Makes Millions”).) 12 BetterHelp’s repeated attempts to reach out to the host of this “review” have been met 13 with silence. (Stephens Dec]. TIS.) There is also no information on the “review” sufficient t0 14 identify the poster 0f these false and defamatory assertions. (Id. 114.) 15 IV. ARGUMENT 16 While the Code of Civil Procedure ordinarily delays service of discovery until 20 days 17 after service of the summons on the defendant, the Court, for good cause, may grant leave t0 18 serve a third-party deposition subpoena before 20 days after service is accomplished. Code Civ. 19 Proc. §2025.210(b); Bernson v. Browning-Ferris Indus. (1994) 7 Cal. 4th 926, 930 n.2; 20 California Shellfish Inc. v. United Shellfish C0. (1997) 56 Cal. App. 4th 16, 21. The Court may 21 grant such an order 0n an ex parte basis. Code Civ. Proc. § 2025.21 O(b). 22 Courts have allowed early discovery t0 identify online anonymous posters of defamatory 23 statements. Once anonymous speech “descends into defamation, however, constitutional 24 protection is n0 longer available.” Krinsky v. Doe 6, (2008) 159 Cal. App. 4th 1154, 1164; see 25 also Sanders v. Walsh, (2013) 21 9 Cal. App. 4th 855, 864 (“While courts have recognized that 26 online posters often play fast and loose with facts, this should not be taken t0 mean online 27 commentators are immune from defamation liability.” (internal citations and quotations 28 omitted». Persuasive authority exists from California federal courts that have similarly allowed STRADLING YOCCA -5- CARLSON & RAUTHvam PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICENEWPORT BEACH 4827-0409-3 1 79v6/1 06774-0001 1 expedited discovery to identify anonymous speakers for good cause where the plaintiff has 2 alleged a viable claim for relief and the true identities 0f the defendants are unknown. See UMG 3 Recordings, Inc. v. Does 1-4, N0. 06-0652 SBA (EMC) (ND. Cal. Mar. 6, 2006) 2006 U.S. Dist. 4 LEXIS 32821, at *1; see also Gillespie v. Civilett, (9th Cir. 1980) 629 F.2d 637, 642 (“where the 5 identity 0f alleged defendants will not be known prior t0 the filing of a complaint . . . . the 6 plaintiff should be given an opportunity through discovery to identify the unknown defendants, 7 unless it is clear that discovery would not uncover the identities, or that the complaint would be 8 dismissed 0n other grounds.”). “Postponing disclosure 0f information until the normal course 0f 9 discovery is not an Option because, without disclosure of Defendants” names and contact 10 information, the litigation cannot proceed t0 that stage. UMG Recordings, 2006 U.S. Dist. 11 LEXIS 32821, at *4 (citing Semitool, Inc. v. Tokyo Electron America, Inc. (ND. Ca]. 2002) 208 12 F.R.D. 273, 276). 13 Under Krinsky, a plaintiff seeking early discovery t0 identify an anonymous defendant 14 must (a) attempt t0 notify the anonymous defendant of the request, and (b) make a prima facie 15 showing ofthe elements 0fthe claim. 159 Cal. App. 4th 1154, 1171-72; see also ZL 16 Technologies, Inc. v. Does [#7, (2017) 13 Cal. App. 5th 603, 612-17 (applying Krinsky 17 standard); Doe 2 v. Superior Court, (2016) 1 Cal. App. 5th 1300, 1311; Glassdoor, Inc. v. 18 Superior Court, (2017) 9 Cal. App. 5th 623, 634-35. 19 A. BetterHelp has made a prima facie showing 0f its claim for defamation. 20 T0 state a claim for defamation, a plaintiff must allege: “(a) a publication that is (b) false, 21 (c) defamatory, and (d) unprivileged, and that (e) has a natural tendency to injure 0r that causes 22 special damage.” See Price v. Operating Engineers Local Union No. 3, (201 1) 195 Cal. App. 4th 23 962, 970. Private figures, like BetterHeIp, need only establish that the defendant acted 24 negligently, rather than with actual malice. See Stewart v. Rolling Stone LLC (2010) 181 Cal. 25 App. 4th 664, 682, as modified 0n denial afreh ’g (Feb. 24, 2010). Moreover, statements that 26 falsely accuse the plaintiff 0f criminal activity, that tend t0 injure the plaintiff with r65pect t0 its 27 profession or business, or that are harmful from the language itself without the need for extrinsic 28 information are considered defamatory per se and require no proof of actual damages. See Civil STRADLING YOCCA -6- CARLSON 8: RAUTHme PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICENewron'r BEACH 4827-0409-3 l79v6/1 06774-0001 I Code §46; Regalia v. Nethercutt Collection, (2009) 172 Cal. App. 4th 361, 367; Allard v. 2 Church ofScientology, (1976) 58 Cal. App. 3d 439, 450. 3 Here, Plaintiffhas made a prima facie showing 0f the elements 0f defamation, as 4 explained below. First, the anonymous Defendants published the Defamatory Article in an online 5 forum, which is publicly viewable. (Stephens Dec]. 112; Compl. Exs. A-B.) 6 Second, as described above in Section III, the Defamatory Article contains false assertions 0f fact that (a) BetterHeIp “is an elaborate scam”; (b) “It is clear that BetterHelp got fake reviews posted on their online listings to make people think that they are not a scam”; (c)\DOO\J BetterHelp Uses “Unlicensed ‘Therapists”; and (d) “BetterHeIp doesn’t pay its therapists and 10 offers n0 support.” (Complfl 14; Stephens Decl., Ex. A.) Each 0fthese factual assertions is 11 demonstrably false, as outlined in BetterHelp’s publicly available website. (Complfl 10) (citing. 12 https://www.betterhelp.com/counselors/terms/and 13 https:llwww.betterhelp.com/counselor_application.) Moreover, other points of the “review” are I4 unsupported. Indeed, for “evidence” the “review” links t0 several other similarly conspiratorial 15 “reviews” bearing no relevance to even the subject matter of the review and thereby falsely 16 creating an association for readers between them. Examples include: 17 o The statement, “In this post I won’t be covering the already known facts about 18 BetterHelp and Alon Matas. Most peeple already know it is an elaborate scam after 19 all the YouTube drama in 201 8,” links to an unrelated article on a company called 20 “AussieTrust.” (https://www.gripeo.com/aussietrust-reviewl). 21 o The statement phrased as a question, “Should BetterHeIp be allowed to play with 22 lives of mentally ill? Why is there no lawsuit against Alon Matas for fraud, 23 malpractice and misconduct?” links t0 an unrelated article on a company called 24 “Cardone Capital.” (https://Www.gripeo.com/cardone-capital-reviewO. 25 There is no basis for associating these unrelated companies accused 0f financial misdeeds with 26 BetterI-Ielp. Nor does the anonymous author attempt t0 support these unsubstantiated 27 associations. 28 STRADLING YOCCA -7- CARLSON 8: RAUTH Lamas PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICENzwran Bum 4827-0409-3 1 79v6/1 06774-0001 1 Third, as alleged in the Complaint, Defendants’ statements in the Defamatory Article are 2 defamatory, as they disparage BetterHelp’s services, the rigor with which it scrutinizes counsel 3 candidates and . (See Stephens Dec]. 116; Comp]. 1123.) 4 Fourth, there is no privilege that could conceivably apply t0 shield Defendants’ 5 Defamatory Article from a defamation action. See Cal. Civ. Code §§ 47, 48; see also Khawar v. Globe Internat., (I998) 19 Cal. 4th 254, 268-273 (outlining various privileges and explaining6 7 why they did n01: apply). 8 B. BetterHelp has made a prima facie showing of its claim for Intentional 9 Interference with Contractual Relationship and Prospective Economic 10 Advantage 11 BetterHelp has also stated claims for intentional interference with its contractual 12 relationships and pr05pective economic advantage based on statements within the Defamatory 13 Article. (C0mpl., Counts Two-Three.) The tort of intentional interference with contractual 14 relationship requires that the “plaintiff prove: ‘(1) he had a valid and existing contract [with a 15 third party]; (2) defendant had knowledge of the contract and intended to induce its breach; 16 (3) the contract was in fact breached by the contracting party; (4) the breach was caused by 17 defendant's unjustified or wrongful conduct; and (5) . .. damage[s] [were suffered as a result].” 18 Little v. Amber Hotel C0. (201 1) 202 Ca]. App. 4th 280, 291. The tort of intentional interference 19 with prospective economic advantage requires that the plaintiff “prove: (1) he had a valid and 20 existing contract with a third party; (2) defendant had knowledge 0f this contract; (3) defendant 21 committed intentional and unj ustified acts designed to interfere with or disrupt the contract; (4) 22 actual interference with 0r disruption 0f the relationship; and (5) resulting damages.” Little, 202 23 Cal. App. 4th at 291-92 (quoting Dryden v. Tri-Valley Growers (1977) 65 Cal. App. 3d 990, 24 995.) 25 As alleged in the Complaint, BetterHeIp had ongoing contractual and business 26 relationships with its customers and counselors and had developed substantial goodwill with 27 28 STRADLING Yocm -8- CARLSON & RAUTH L w c PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICEA V RSNcwronr BEACH 4827‘0409-3 179v6/106774-0001 1 them. Indeed, BetterHelp enjoys a an “Excellent” rating from TrustPilot,8 was the the highest 2 rated online therapy service in Apple’s App Store (based 0n 34,000 reviews)? and is also one of 3 the highest rated online therapy service 0n Google (based on 15,000 reviews)” BetterHeIp also 4 has an “A” rating from the Better Business Bureau.” As such, BetterHelp had a legitimate 5 expectation of substantial repeat business from its customers and engagement with its 6 counselors. As alleged in the Complaint, Defendants have shown their awareness 0f 7 BetterHeIp’s contractual and business relationships and have unsolicited statements regarding the 8 employment and business practices at BetterHelp. Moreover, the false information was provided 9 directly to existing, former, and prospective customers. 10 In summary, because Plaintiffhas established a prima facie showing for its claims, it is 11 entitled t0 early discovery t0 identify the anonymous Defendants. 12 C. PlaintiffMade A Good Faith Effort T0 Notify The Anonymous Defendants 13 0f Plaintiff’s Request For Early Discovery. 14 Krinsky recognize that accomplishing notice to anonymous defendants is not always 15 feasible, particularly when dealing with anonymous defendants who engage in tortious conduct 16 0n the Internet. Krinsky, 159 Cal. App. 4th at 1171; ZL Technologies, 13 Cal. App. 5th at 615. 17 Consequently, courts are tasked merely to ensure that “reasonable efforts are made to notify the 18 defendants.” Id. Indeed, “when ISPs . . . themselves notify the defendant that disclosure 0f his 0r 19 her identity is sought, notification by the plaintiff should not be necessary.” Krinsky, 159 Cal. 20 App. 4th at 1171. 21 22 23 8 See Trustpilot, BetterHelp, https://www.trustpilot.com/review/www.betterhelp.com (last visited July 9, 2021). 24 9 httpsz/r’apps.apple.com/us/app/betterhelp-onIine-counseling/id995252384 (4.8 rating based 0n 25 41 .SK ratings); cf Talkspace (4.2 rating based on 20.7K ratings); cerebral (4.7 rating based 0n 4.2K ratings) 26 '0 https://play.g0ogle.com/st0re/apps/detaiIs?id=com.betterheIp&hl=en_US&gl=US (4.5 rating based on 18,093 reviews); cf Talkspace (3.9 rating based on 3,1 86 reviews); Cerebral (4.6 rating 27 based 0n 1,824 reviews) H BcttcrHelp is rated 4.08/5 stars on BBB’s website. https:l/www.bbb.org/us/ca/m0untain- 28 view/profile/psychologist-referral-service/betterhelp- 1 2 1 6-262454 STRADLING YOCCA -9- CARLSON 8: RAUTHmm PLAINTIFF’S APPLICATION TO SERVE DEPOSITION NOTICENEWPORT BEACH 4827-0409-3 1 79v6/l 06774-0001 1 Similarly, California Rule of Court 3.1204(b)(2) recognizes that notifying a defendant of 2 an exparte application may not always be possible. In such a case, the applicant is required to u.) submit a declaration that “the applicant in good faith attempted to inform the opposing party but b was unable to do so, specifying the efforts made to inform the opposing party.” Id. Here, the 5 nature of Defendants’ conduct (i.e., anonymously publishing the Defamatory Article) has 6 frustrated Plaintiff s efforts to provide Defendants with notice 0f this ex parte application. 7 (Stephens Decl. M68; Ex. A.) 8 Nevertheless, Plaintiffprovided the administrators of www.gripeo.com with a copy ofthe 9 lawsuit and this application, with a request to direct these documents to Defendants’ attention. 10 (Id. fil'], Exs. C-D.) The Website administrators have indicated that forward the documents to the 11 author 0f the Defamatory Article. (Id) As such, Plaintiff has made a good faith effort to notify 12 Defendants of this application, in addition t0 establishing BetterHelp’s prima facic defamation 13 claim. 14 D. The Requested Information Is Limited And Necessary For Plaintiff T0 15 Prosecute Its Claim And To Serve Process On The Anonymous Doe 16 Defendants. 17 “‘Where it is clear t0 the court that discovery ofthe defendant’s identity is necessary to 18 pursue the plaintiff’s claim, and the plaintiff makes a prima facie showing [of its claims],” a 19 further balancing should not be required. ZL Technologies, 13 Cal. App. 5th at 617 (citing 20 Krinsky, 159 Cal. App. 4th at 1172). Even so, weighing those interests favors early discovery. 21 Without the Court’s permission t0 conduct early discovery, Plaintiff will not be able to identify 22 Defendants and will not be able to amend its Complaint to add Defendants’ true names and 23 identities. Moreover, the early discovery requested by Plaintiff is limited t0 Plaintiff‘s need to 24 identify Defendants; the proposed discovery only seeks information about the identities and 25 locations of the anonymous Defendants, such as their names, addresses, email addresses, and IP 26 addresses. (Stephens Dec]. 119.) Nor will the discovery requested seek protected speech activities 27 0r stored electronic communications, as these Defendants cannot claim any right t0 anonymously 28 defame BetterHelp. STRADLING YOCCA -10- CARLSON & RAUTH Lmzns PLATNTIFF’S APPLICATION TO SERVE DEPOSITION NOTICE Nzwron BzAcH 4827-0409-3 l 79v6/106774-0001 1 Thus, the requested discovery is necessary and narrowly tailored t0 BetterHeIp’s need t0 2 identify the Doe Defendants. U.) V. CONCLUSION .D. For the foregoing reasons, BetterHelp requests that its ex part3 application for an order 5 authorizing early discovery be granted. DATED: October 27, 2021 STRADLING YOCCA CARLSON & RAUTH PC 8 747mB uy . 9 Steven Hanle 2’ 10 Matthew Stephens Attorneysfor PlaintiflCompile, Inc. dba BetterHelp \]O\ II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING YDCCA -1 1- CARLSON & RAUTH ”mag” PLAINTIFF’S APPLICATION To SERVE DEPOSITION'NOTICE 4827-0409-3 1 79v6/1 06774-0001 EXHIBIT A 8r13l2021 Alon Matas - Sadist Scams Mentally ill a Mak: ions ‘|I.| E! Q EI v EXPERT REVIEW i Heolthccre Red Flags Alon Matas August27, 2020 © I429 Q 8 69.299053 Unskilled, Unlicensed "Therapists" Preying 0n The Mentally lll In this post l won't be covering the already known facts about BetterHelp and Alon Mctos. Most people already know it is on elaborate scam after c1|l the YouTube drama in 2018. Unfortunately my friend was unaware of all that when she found out about this company. She wanted o therapist for her sister but due to persona] finance issues, she couldn’t afford to get one. I hope someone would’ve exposed the reality of BetterHelp before my friend’s sister almost killed herself. So that's how I ended up writing this detailed BetterHelp review. lfl can help one person from falling into their scheme, then all my efforts would be worth it. My Friend's Little Sister Almost Killed Herself Because 0f Alon Mata's BetterHelp hfips:llwww.gn'peo.comialon-matasl 1/19 8/13/2021 . ‘ Alon Mates - Sadist Scams MenlaHy LU & Makq ions Some important information before we start: I’m not going to reveal the name of the therapist or my friend’s little sister's real name. lhave seen companies like BetterHe/p hunt down ordinary people like US. They would not want people to know this information , so they would do anything to track us down. The main reason Ichose this website over the others is the anonymity it provides for me cznd my friend. l hope you understand. Alon Matas' Scam is Ruining Lives My friend sent me this in an email a few days ago and here is the full email. lhave edited it for readability and grammar, I hope that is not a major issue. My sister Kotey {name changed for security reasons) has been suffering With severe depression for 2 years. She was seeing a therapist but he passed away due to the Coronavirus a couple ofmon tbs ago. Ever since that, she had been in a downward spiral. She did not eat much, she was always slumped down on her chair, or would lay all day on her bed. l knew this was not okay for anyone, especially her age. Mum can’t afford to spend hundreds of dollars every week after she lost https:/vaw.gn'peo.com/alonimalas/ 2/19 él13/2021 Alon Malas - Sadist Scams Mentally ill & Mal-u ions - herjob, so l went online to find if there are any affordable options available. And that is when l found out about BetterHe/p. After reading the dozens of overwhelmingly amazing reviews online, I didn’t think twice before getting a membership for Kate. I’m not going to lie, a small spark of hope lit up in me when l found out about them. / thought maybe BetterHe/p would really be the answer t0 my prayers. The fees they were Charging were considerably less than What a usual therapist charged. Now that / think about it, I think its affordability and many positive reviews were the main reasons l decided to go for them. But this company showed me Why you cannot trust online therapists! My sister started seeing the therapist on a weekly basis. I am not revealing the name of the therapist but he was not a stable human being. He harassed my sister in the chats. She would tell him how she was feeling and What made her feel bad and other things Which she knew therapists asked. But he often lashed out at her in a passive aggressive manner. The therapist was very unprofessional and extremely sarcastic. It got to a point Where my sister ended up With a knife in her hand. She was yelling about how she was done With her life and she cannot do anything to make the world any better. My mother and l successfully calmed her down and took the knife away from her before anyone would’ve gotten hurt. By then / did not know that it was the therapist’s fault because of Which my sister was acting this way. It was only a week later, When Kate showed me the texts she received from the therapist He was b/atan tly giving her mental torture. This person was not qualified to be a stable human being let alone a f***ing therapist. He was saying things /il person 3 aion-matas 3 Alon Matas - Founder @ BetterHeIp - Crunchbase Person Profile Alon Mates is the founder of BeuerHelp, an online counselling pladon'n. Currently. he is a board member of StyleToGo, a markelp1ace {or online style advice Linkedln: View on Linkedln Twitter. \new on Twiner E Videos E Ep3: Alon Matas | Founder and President of BefierHelp qio 9 m) _ Fawbook ' 20 Mlnute Leaders 2°38 V4" Apr 8, 2020 Alon Mates from Teladoc's BetterI-Ielpmm @ #InventHealth YouTube ' Valor Apr 22. 2019 Growing TeIe-Behavioral Health - Alon Matas (BetterHelp) YouTube - VSee 15.20 .m httpsdfwwgooglacomlsearch?q=alon+matassnz=1CtGCEAHenUSQ1 8USQ1 8&0q=alon+matas&aqs=chrome..69i57j0i51213j0i22130.16561011 5&sour... 112 81‘17I202‘l httpsJ/ww.google.com/search?q=alon+matas&riz=1C1 GCEA_enUSQ1 8U 891 8&oq=alon+matas&aqs=chrome..69i57j0i51 213j0i22i30.1656j0j15&sour... alon matas - Google Searchm Nov 23' 2013 4 key moments in this \n‘deo v Feedback f I\ -) View all > httpszlfenAwikipediaorg s wiki 1 BeuerHelp E BetterHelp - \leipedia BenerHelp was founded by Alon Males in 201 3. after he faced personal challenges finding professional counseling services that accommodated his schedule‘ With httpsfilpitchbookcom 1 profiles r investor E Alon Mates Investor Profile: PonfoIio & Exits | PitchBook Mr. Alon Matas is a Co-Founder and serves a3 President at Benemelp. He served as Chief Executive Officer at MediaBoost. He also founded me company. httpszlAthaareLLcom > israel-news > business; E Locked down and uptight? lsraeIi-founded online sewice Jul 24. 2020 v- BetterHelp president and founder Alon Mates. BetterHelp is Matas' fourth startup. Ten years ago he moved lo the U,S‘ to found the U,S, office of hnpszh‘live-jweekly‘alleydevoom x 2019/01/30 1 in-sun.“ E In Sunnyvale, this Israeli offers online therapy to every corner Jan 30. 2019- Israeli-bom entrepreneur Alon Mates chuckies when discusslng the fad lhat his onllne counseling site, Bettefl-lefp, gets a disproportionate o Related searches : alon matas twitter alon matas teladoc alon malas email beherhelp danny bragonler talkspace 12345678910 Next 92660, Newport Beach. CA - From your 1P address - Update location Help Send feedback Privacy Terms 2f2 EXHIBIT C Stradfing Yocca Caflson & Rauth A Professional Corporation 660 Newpon Center Drive, Suite 1600 Newport Beach, CA 92660-6422 dlfi 949 725 4000Stra Ing shadfinglawsorn Matthew Stephens 949 725 4019 mstephens@stradlinglaw.com July 16, 2021 Via Email Gripeo.com Admin mvw.gripeo.com info@gripeo.com Via U.S. Mail Gripeo Holdings LLC Lippes Mathias Wexler Friedman LLP 50 Fountain Plaza, Suite 1700 Buffalo, NY 14202 Re: False Statements in Review Dear Gripeo.com Site Admins: My law firm represents Compile, Inc. doing business as BetterHeIp (“BetterHelp”), which seeks your assistance in addressing purported “reviews” on your website penned by anonymous individuals that make false factual statements about BetterHelp. Founded in 2013, BetterHelp is now the largest provider of online counseling services. It enjoys a sterling reputation as a platform to match members in need oftherapy with licensed caregivers at accessible prices: o It has an “Excellent” rating from TrustPiIot.‘ o The app is the highest rated online therapy service in Apple’s App Store (based on 34,000 reviews)? I It is one 0fthe highest rated online therapy service on Google (based 0n 15,000 reviews).3 I It is “A” rated by the Better Business Bureau.4 1 See Tmstpilot, BeflerHeIp, https://www.trustpiIot.com/review/www.betterhelp.com (last visited July 9, 2021). 3 https:I’I‘apps.apple.com]us/an_p/betterhelp-online-counselin9fid995252384 (4.8 rating based 0n 41.5K ratings); cf Talksgace (4.2 rating based on 20.7K ratings); cerebral (4.7 rating based 0n 4.2K ratings) 3 https://plav.mg]e.com/storc/apps/details?id=com.betterhelp&hl=en US&2|=US (4.5 rating based on 18,093 reviews); cf Talksgace (3.9 rating based on 3,1 86 reviews); Cerebral (4.6 rating based on 1,824 reviews) 4 BetterHelp is rated 4.08/5 stars 0n BBB’s website. httpszl/mvw.bbb.org[us/ca/moumain- view/profile/psichologist-refen'al-service/betterhelp- 1 21 6-262454 4816-6686-4626v1 /106774-0001 Gripeo Holdings LLC July l6, 2021 Page Two BetterHpr’s flexible approach allows people to connect with mental health services but would otherwise not seek them out because of the cost, stigma, inconvenience, and stress involved in seeking care. Indeed, many BetterHelp members depend 0n its counseling platform during gaps in their insurance coverage or where they experience 10g wait lists 0r unavailable network providers. . Like all businesses, BetterHelp relies 0n its online reputation t0 attract new customers. Indeed, BetterHelp goes to great lengths t0 foster and maintain its reputation by employing a rigorous selection process for pannering with counselors that includes verification 0f their licensure status. (See https://www.betterhe_lp.com/counselors/terms/.) T0 filrther ensure t0p~level quality, BetterHealth fairly compensates its professionals, who 0n average can earn $100,000 annually: mover 21,0 ' W -i5fiihaeuepfielp,. Estimated Earnings with BetterHelp lwanttoworlc (é Full~fime OPan-h‘mc 4.0 rwt army Inadetalls! 30 Houté PERWEEK 50 adamant: - you“ WAJEELT 5-4: u 'Btimated Annual Earnings: $100,1000 'kkae’nmmween'mmdrrMMraexfliu m.mkammmgmmmmamzmtmmwm (https://www.betterhelp.com/counselor_appIication/?counselor350=1&utm_content=3500ffer&utm_ source=adwords_COunSelor&utm_campaign=counselor_recruiting&utm_medium=Search_PPC_c&ut mfiterm=better+help+jobs&gclid=CijCAjwz_WGBhA1EiwAUAxIcQgMHDWgszyquSFyhdfg Xos-dTnM3thAdthQUOSZGp- Z6chmRoCngQAvD_BwE&n0t_found=1&gor=rdficounselor_application.) BetterI-Ielp also engenders goodwill by partnering t0 provide complementary services t0 individuals in need: 48 l 6-6686-4626v1/106774-0001 Gripeo Holdings LLC July 16, 2021 Page Three Ariana Grandea ‘W01": month. youm still get 15% off your flrst month at . betterhelpmmlai'iana (See https://www.elIe.com/beautv/a36877443/ariana-Qrande-better-help-frcc-thcrapv/ h11ps://www.m 5n .com/cn-us/music/news/ariana-grande-in inQ-aan-dollar 1 m-awav- in-free-therapv- with-bcttcr-help-partnersh ipib i llboard-news/vi-AA LCONS.) BetterI-Ielp relies on its reputation as a predominantly direct t0 consumer product t0 be successful. As such, false statements about the quality 0f its services and integrity 0f its business ethics threaten serious harm t0 BetterHpr’s legal and business interests. We have become aware ofa post 0n your website purporting t0 be a “review” authored by an anonymous individual, available at https://www.gripeo.c0m/alon-matas/. This “review” comains numerous false statements and insults, which arc not only defamatory, but also violate Gripeo.c0m’s User Guidelines on Behavior ofits members. A Googlc search OfBetIerI Ielp’s founder, Alon Matas, yields this “review” as the third rcsult: httpst/lvww/gripeocom > Red Flags Alon Matas - Sadist Scams Mentally iH & Makes Millions - Gripeo Aug 27. 2020- Alon Mates is the CEO and founder of BetterHelp. He founded this company in 2013 and has been on its board of directors ever since. There isn‘t :‘rfi u’rx'm‘k Rating: 3.2/10 A 4 reviews My Friend's Little Sister... ~Aion Matas‘ Scam Is... - HowAlon Matas Runs The... Needless, t0 say, Mr. Matas is not a sadist, and this unsubstantiated insult against Mr. Matas’ Character unquestionably violates your behavior guidelines against insults. 48I6-668674626v1/106774-0001 Gripeo Holdings LLC July 16, 2021 Page Four (11ttps://www.,qripe0.com/user-guidelines/.) But the “review” continues with at least several false factual statements: I BetterHelp Uses “Unlicensed ‘Therapists’” a “Bettei-Help doesn ’tpay its therapists and Oflers n0 support” As can be seen in BetterHelp’s terms and conditions for its counselors and resources available on its website, BetterHelp carefully scmtinizes the licenses of prOSpective therapists and compensates them fairly. As such, these statements are untrue and lack any substantiation. In addition, the “review” links t0 several other similarly conspiratorial “reviews” having nothing t0 d0 with even the subject matter 0f the review and thereby falsely creating an association for readers between them. Examples include: o The statement, “In this post I won’t be covering the already known facts about BetterHelp and Alon Matas. Most people already know it is an elaborate scam after all the YouTube drama in 2018,” links to an unrelated article on a company called “AussieTrust.” (https:f/www.gripeo.com/aussietrust-reviewf) o The statement phrased as a question, “Should BetterHelp be allowed to play with lives of mentally ill? Why is there no lawsuit against Alon Matas for fraud, malpractice and misconduct?” links to an unrelated article on a company called “Cardone Capital.” (https://www.gripeo.com/cardone-capital-reviewh There is simply no basis for associating these unrelated companies accused 0f financial misdeeds with BetterHelp. Nor does the anonymous author attempt to support these unsubstantiated associations. BetterHelp calls on Gripeo.c0m t0 identify the authority 0f this defamatmy post and remove it, as it threatens real harm t0 BetterHelp’s reputation. I am sending you this letter in an effort to resolve this matter in a prompt and reasonable manner. But please be aware that BetterHelp is prepared t0 proceed as necessary to protect its rights and business. This letter is without prejudice t0 all 0f legal and equitable rights of BetterHelp, which are expressly reserved. Best regards, I Matthew Stephens Associate Stradling Yocca Carlson & Rauth cc: Steve Hanle 48 1 6-6686-4626vI/106774-0001 EXHIBIT D I Crummett-Smith, Jennifer- From: Stephens, Matthew Sent: Tuesday, October 26, 2021 12:10 PM To: 'Gripe0.com' Cc: Crummett-Smith, Jennifer, Hanle, Steve M. Subject: RE: Attention GripeO.com Site Admins Attachments: Deposition Subpoena for Documents 4881 -0668-8000 v.1.pdf Follow Up Flag: Follow up Flag Status: Completed Thank you for your response and prompt attention to this matter. As mentioned in myJuly 16, 2021 letter to you, BetterHeIp has been unable to identify the individual who posted the review because neither a name nor email address for the author appears on your website. As such, BetterHelp must ask the Court’s permission before sewing a subpoena on Gripeo. If, however, you are willing to voluntarily provide this information, the subpoena BetterHelp would serve is attached to this message. If you do not agree t0 voluntarily furnish this information, BetterHelp will move forward with its application to the Court, which was sent to you on Wednesday, October 20th. ln that case, the application will be noticed for hearing at 8:15 a.m. on Monday, November lst in Department 19 ofthe Superior Court for the County 0f Santa Clara located at 161 North First Street San Jose, CA 95113. I request that you inform the author. Best regards, ’ ;5;’_‘ V Stradaifig Matthew Stephens Associate msteghens@stradlinglaw.com Stradling Yocca Carlson & Rauth 660 Newport Center Drive. Suite 1600 Newport Beach, CA 92660 D: 949 725 4019 stradlinglaw.com | Linkedln CONFIDENTIALITY NOTICE This message is intended only for the use of the individual or entity to which it is addressed. and may contain informaiion that is privileged. confidential and exempt from disctosure under applicable law. If the reader of this message is not the intended recipient you are hereby notified that any dissemination. distribution or copying ofthis communication is stn‘ctly prohibited. lfyou have received this communication in error, please notify us immediately Thank you. From: Gripeo.com [maiitozinfo@gripeo.com] Sent: Friday, October 22, 2021 2:40 PM To: Stephens, Matthew Cc: Crummett-Smith, Jennifer; Hanle, Steve M. Subject: Re: Attention Gripe0.com Site Admins Hi, Stephens (ct 31.), We have forwarded the legal documents t0 the author, and have shared your email address in case he/she wishes to get in touch with you. At our end, we have preserved the user data and metadata in case it is needed by you in the course 0f your legal exercise. I would however like to put on record 2 points - 1. We have not yet received ANY subpoena to release the author details. The article has been online for more than a year, and we have received no such request by your client, ever. 2. No one is really anonymous on Gripeo. Every email address is verified, which should be a good starting point t0 identify the author. You can skip this process and send us a subpoena directly, via electronic mail, to get the author's information. Will that work for you? Regards, Admin - Gripeo.c0m On Sat, Oct 23, 2021 at 12:30 AM Stephens, Matthew wrote: Further t0 Ms. Crummett-Smith’s email below, please find an ex part6 application requesting an extension to serve the complaint that will be filed with the Court on Monday, October 25, 202 1. You are requested to please forward this to the individual who posted the review. Best regards, Stradlifig Matthew Stephens Associate msteghens@strad|inglaw.com Stradting Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 D: 949 725 4019 stradlinglaw.com [ Linkedln CONFIDENTLALITY NOTICE This message is intended only for the use 0f the individual or entity to which it is addressed, and may contain information [hat is privileged, confidential and exempt from disclosure under app!icable law~ If the reader ofthis message is not the intended recipient, you are hereby notified that any dissemination. distribution or copying of this communication is strictly prohibiied. If you have received this communication in error. please notify us immediately. Thank you. Erom: Crummett-Smith, Jennifer Sent: Wednesday, October 20, 2021 1:13 PM To: info@gripeo.com Cc: Stephens, Matthew; Hanle, Steve M. Subject: RE: Attention Gripe0.com Site Admins Dear GripeO Site Admins: Attached please find a copy of a Complaint and ex parte application t0 serve discovery related to same. You are requested to please forward this t0 the individual who posted the review at the following URL: httpszl/www.2ripeo.com/alon-matas/. Best regards, Stradiffig’ Jennifer Crummett-Smith IP I Litigation Assistant icrummett@stradlinglaw.com Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 D: 949 737 4708 stradlinglaw.com | Linkedln CONFIDENTIALITY NOTICE This message is intended only for the use ofme individua1 or entity to which it is addressed. and may contain infomation that is privileged, confidential and exempt from disclosure under applicable Iaw‘ Ifthe reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying ofthis communication is strictly prohibited. Ifyou have received this communication in error, please notify us immediately. Thank you, From: Crummett-Smith, Jennifer Sent: Friday, July 16, 2021 11:17 AM T0: info@ggigeoxom Cc: Stephens, Matthew ; Hanle, Steve M. Subject: Attention GripeO.com Site Admins Please see attached important correspondence from Matthew R. Stephens, Esq. Stradllng ' Jennifer Crummett-Smith [P I Litigation Assistant icrummett@stradlinglaw.com Stradling Yocca Carlson 8x Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 D: 949 737 4708 stradlfnglawcom | Linkedln CONFIDENTIALITY NOTICE This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination. distribution or copying ofthis communication is stn'ctly prohibited. If you have received this communication in error. please notify us immediately; Thank you.
