COPY IN THE COURT OF COMMON PLEAS fr} 1 . MEDINA COUNTY, OHIO 3% H, MED EXPRESS INC, CASE NO. Plaintiffs JUDGE CHRISTOPHER .2. COLLIER, JUDGE IDENNIS ROGAN, et PLAINTIFFS MOTION FOR I TEMPORARY RESTRAINING ORDER Defendants Plaintiff Med Express Inc. respectfully moves, pursuant to Ohio Civil Rule for a temporary restraining order requiring Defendant Ebay, Inc. to remove certain neutral feedback, negative comments and dealer ratings concerning Plaintiff from its website, Eba_v.com. A Memorandum in support of this Motion and the Affidavit of Richard A. Radey are attached hereto and incorporated herein by reference. Respectfully submitted, BROWN, AMODIO 8: CHANDLER, A LEGAL PROFESSIONAL ASSOCIATION Pl 1" ames A. Amodio, #0024657 - 109 West Liberty Street Medina, Ohio 44256 Phone: (1330) 725-8816 Fax: (330) 723-5448 E--mail: brownlaw@zoominternet.net Attorney for Plaintiff Med Express Inc. COPY MEMORANDUM Plaintiff Med Express Inc. brings this motion pursuant to Ohio Civil Rule for a temporary injunction ordering the Defendant Ebay, Inc. to remove any comments, posts, and or feedback related to transaction number 330660664519. Plaintiff Med Express Inc. sells refurbished, repaired and rebuilt medical equipment on a website owned and operated by Defendant Ebay, Inc. Defendant Dennis Rogan ("Rogan") purchased a Pyrex 10 ml. Graduated Cylinder No. 304640 Double Pack in transaction number 330660664519 on the website Ebay.com. After Rogan sent payment for the item, one of the two cylinders was inadvertently broken during handling. Plaintiff refunded the full purchase price immediately. Rogan, after receiving the full refund, posted neutral feedback, negative comments and low dealer ratings regarding the transaction, slandering Plaintiff's good name and reputation. As a result of these false and derogatory statements Plaintiff's lost income, revenue and customers which caused Plaintiff to incur damages and will cause Plaintiff to continue to incur damages in the future. COPY WHEREFORE, Plaintiff Med Express Inc. respectfully requests this Court to order Defendant Ebay, Inc. to remove any and all feedback, comments and ratings related to transaction number 330660664519 until such time as this matter is set for a full hearing or, in the alternative, until this case is resolved. Respectfully submitted, BROWN, AMODIO CHANDLER, A LEGAL PROFESSIONAL ASSOCIATION #0024657 09 West Liberty Street Medina, Ohio 44256 Phone: (330)725-8816 Fax: (330) 723-5448 E-mail: brownlaw@zoominternet.net Attorney for Plaintiff Med Express Inc. COPY STATE OF OHIO ss: AFFIDAVIT COUNTY OF MEDINA Richard A. Radey, being duly sworn according to law deposes and states as follows: 1. I am the President of Plaintiff Med Express Inc. in the within matter. 2. On or about December 8, 2012, Med Express Inc. sold a Pyrex 10 ml. Graduated Cylinder No. 304640 Double Pack to Defendant Dennis Rogan in Ebay transaction number 330660664519, using a website owned and operated by Ebay, Inc. 3. Despite receiving a prompt and full refund on the transaction, Defendant Dennis Rogan falsely posted false and slanderous statements on the website owned by Ebay, lnc,., in the form of neutral feedback, negative comments and low dealer ratings in Ebay's Detailed Seller Ratings section. 4. As a result of these false and libelous statements, Plaintiff has suffered damages and will continue to suffer damages into the future unless said comments, feedback and ratings are removed from the website owned, operated and maintained by Defendant Ebay, Inc. Further Affiant sayeth naught. -- 1 Richard A. Reldey . . . Sworn and subscribed in my presence this 4 day of March, 2013. "t -2 My commission Expkes-112412016 Notary Public COPY CERTIFICATE OF SERVICE Plaintiff Med Express Inc. respectfully requests that the Medina County Clerk of Courts serve by certified mail a copy of Plaintiffs Motion for Temporary Restraining Order along with Plaintiff's Verified Complaint to Defendants at the following addresses: Dennis Rogan Ebay, Inc. 122 Washington Street 2145 Hamilton Avenue West Pittston, 18643 San Jose, California 95125 Also serve: c/o National Registered Agents, Inc.. Statutory Agency 1300 East Ninth Street Cleveland, Ohio 44114 mes A. Amodio 1 Attorney at Law