IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

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1 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DINAR CORP, INC. a Nevada corporation, and HUSAM TAYEH, Plaintiffs, Civil Action File No.: v. 1:14-cv AT STERLING CURRENCY GROUP, LLC, TYSON A. RHAME, FRANK BELL, JORDAN DOE, MATTHEW ADAMS, MARK DILEO AND JOHN DOE, Defendants. DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER SEAL The documents subject to the instant Motion to File Under Seal by Plaintiff Dkt. No. 37 were designated and produced pursuant to the Protective Order (Dkt. No. 37 Exhibit B filed in the Nevada Action. Defendants are aware that this Court s views, as set forth in the Guidelines to Parties and Counsel (Dkt. No. 3, regarding the protection of designated material, is different than the Nevada Court s view. Defendants submit, however, that the documents designated as Plaintiffs Exhibits 22 and 24 contain sensitive competitive analysis and marketing

RHAME, FRANK BELL, JORDAN DOE, MATTHEW ADAMS, MARK DILEO AND JOHN DOE, Defendants.

2 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 2 of 9 information which should be filed under seal for the purposes of Plaintiffs Motion for Preliminary Injunction. Subsequent to the filing of Plaintiffs Motion, the parties conferred pursuant to the provisions of the Nevada Protective Order. Defendants have agreed to dedesignate the documents designated as Plaintiffs Exhibits 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, and 19 and accordingly have no objection to their public filing. Defendants will also agree to the public filing of the document designated as Plaintiffs Exhibit 24. Defendants never designated the document designated as Plaintiffs Exhibit 18 to as CONFIDENTIAL and it could have been publicly filed by Plaintiff without violating the Nevada Protective Order. The documents appearing as Plaintiffs Exhibits 22 and 23 however contain sensitive competitor analyses that Defendants respectfully submit should not be made public. Sterling Currency Group would be irreparably damaged if its competitor analyses were made available to the public. While there are many reasons why this is so, one of the best reasons is demonstrated by Plaintiffs use of such analysis in this action. In their Motion for Preliminary Injunction, Plaintiffs have taken a statement that has probably been uttered by any company in a competitive industry and used it to speculate that Defendants have conspired to create a campaign to defame - 2 -

Defendants have agreed to dedesignate the documents designated as Plaintiffs Exhibits 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, and 19 and accordingly have no objection to their public filing.

3 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 3 of 9 Plaintiffs. In the document attached as Exhibit 22, Defendants stated that Dinar Corp. s growth is alarming. It is hard to imagine that any company in a competitive market has not at some point found a competitor s growth alarming. Indeed, competitor analysis is a common practice. In fact, Wikipedia, states that [c]ompetitor analysis is an essential component of corporate strategy. See (citing to Craig Fleisher and Babette Bensoussan: Strategic and Competitive Analysis: Methods and Techniques for Analyzing Business Competition. Prentice Hall, Plaintiffs have the information contained in Exhibit 23 and, based on mere attorney argument and speculation, argued that this Court should enter a preliminary injunction regarding Defendants search engine optimization activity. The sum total of Plaintiffs discussion of Defendants search engine optimization activity is the following sentence: Additionally, the subsequent correspondence between Bell and YE (what little was produced demonstrates that YE was likely performing negative search engine optimization ( SEO to cause injury to DCI by pushing up negative content about DCI in the search engine results. See gui17, from YE to Bell on , attached as Exhibit 23 hereto; gui23, from Bell to YE on , attached as Exhibit 24 hereto. Dkt. No. 35 at 8 (underlining and italics added, bolding in original. Yet based on this speculation, Plaintiffs ask the Court to enter an Order enjoining Defendants - 3 -

In fact, Wikipedia, states that [c]ompetitor analysis is an essential component of corporate strategy. See http://en.wikipedia.

4 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 4 of 9 from performing any search engine optimization with the intention of increasing the prominence of any negative content on the Internet about any Plaintiff whether or not such content is true. (Dkt. No. 35-7, 7. Plaintiffs request this injunction even though it admits that it is merely speculating as to Defendants activities based on two s. Dkt. No. 35 at 8. This amply illustrates the danger to Defendants of its competitive analysis and marketing strategies being made public. Defendants are likely to be forced to respond to other groundless complaints by competitors simply because it engages in common competitive strategies such as competitive analysis and search engine optimization. The information is sensitive and should be sealed because taken out of context and in isolation the information will be subject to meritless claims of allegedly unlawful activity. Respectfully submitted this 12th day of December, LILENFELD PC /s/robin L. Gentry David M. Lilenfeld Georgia Bar No Robin L. Gentry Georgia Bar No Kaitlyn A. Dalton Georgia Bar No Attorneys for Defendants - 4 -

Plaintiffs request this injunction even though it admits that it is merely speculating as to Defendants activities based on two emails. Dkt. No. 35 at 8.

5 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 5 of 9 Sterling Currency Group, LLC, Jordan Doe, Tyson A. Rhame, Frank Bell and Matthew Adams 2970 Peachtree Road, NW, Suite 530 Atlanta, Georgia Phone: ( Facsimile: ( david@lilenfeldpc.com robin@lilenfeldpc.com kaitlyn@lilenfeldpc.com - 5 -

Rhame, Frank Bell and Matthew Adams 2970 Peachtree Road, NW, Suite 530 Atlanta,

6 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 6 of 9 CERTIFICATE OF COMPLIANCE Pursuant to Local Rule 7.1(B, the undersigned certifies that DEFENDANTS STERLING CURRENCY GROUP, LLC, TYSON A. RHAME, FRANK BELL, JORDAN DOE, MATTHEW ADAMS S RESPONSE TO PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER SEAL was prepared in Times New Roman, 14-point font, in compliance with Local Rule 5.1(C. /s/robin L. Gentry - 6 -

RHAME, FRANK BELL, JORDAN DOE, MATTHEW ADAMS S RESPONSE TO PLAINTIFFS MOTION TO FILE DOCUMENTS UNDER

7 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 7 of 9-7 -

8 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 8 of 9 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DINAR CORP, INC. a Nevada corporation, and HUSAM TAYEH, Plaintiffs, Civil Action File No.: v. 1:14-cv AT STERLING CURRENCY GROUP, LLC, TYSON A. RHAME, FRANK BELL, JORDAN DOE, MATTHEW ADAMS, MARK DILEO AND JOHN DOE, Defendants. CERTIFICATE OF SERVICE I hereby certify that the foregoing pleading, on the date stated below, was filed with the Clerk of Court using the CM/ECF system, which automatically and contemporaneously sends electronic notification and a service copy of such filing to the following counsel of record: Alycen A. Moss, Esq. Cozen & O Connor 303 Peachtree Street, NE SunTrust Plaza, Suite 2200 Atlanta, GA amoss@cozen.com - 8 -

9 Case 1:14-cv AT Document 50 Filed 12/12/14 Page 9 of 9 Dated: December 12, 2014 Daniel Robert Warner, Esq. Kelly Warner PLLC 8283 N. Hayden Road Scottsdale, AZ dan@kellywarnerlaw.com /s/ Robin L. Gentry Attorney for Defendants - 9 -

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 1:12-cv-01996-TWT Document 15 Filed 08/10/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SECURITIES AND EXCHANGE ) COMMISSION, ) ) Plaintiff,