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Non-Tech : MTXX FORMERLY GUMM. CURE OR OUTRIGHT SCAM?

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From: ravenseye9/23/2006 10:39:01 PM
   of 15
 
hey flo, help me fill in the gaps with what we don't know!
lma(zz)o

I need your help flo to understand the following article which states Steve Worthington runs Barbary Coast Capital Management but I didn't see his name in the sec filings. Why not?
lma(zz)o

BusinessWeek online By GARY WEISS
Smiling as Highfliers Blow Up
Short-sellers eye the next batch of overreachers
That is the credo of high-tech maven Steve Worthington, a former venture capitalist who runs Barbary Coast Capital Management in San Francisco. Barbary Coast is a traditional hedge fund that buys stocks as well as shorts them. That distinguishes it from the short-only funds that do nothing but bet against stocks.
businessweek.com

JULY 2, 2001
COVER STORY
Stocks to Avoid: Where the Shorts Are Finding Targets
Steve Worthington, a short and hedge-fund manager at Barbary Coast Capital Management in San Francisco, says he's having no trouble finding stocks poised to plunge,...
businessweek.com

Was Herb Greenberg, the Senior Columnist who wrote 06/20/2002 07:51 AM EDT ...
"Speaking of which, Ernst might want to get its hands on yesterday's 13-page issue of The Eyeshade Report from Forensic Advisors" a subscriber of the The Eyeshade Report?
www.thestreet.com/funds/herbgreenberg_up/10028202.html
lma(zz)o Has Mulligan released the subscriber list?

In the beginning ... John Doe case is still ongoing, isn't that right flo?

CV2002-023934 Case Type Civil File Date 12/12/2002
Matrixx Initiatives Inc Plaintiff
John Doe Defendant Male
superiorcourt.maricopa.gov

From: Floyd3491@...
Date: Sat Jan 10, 2004 1:15 am
Subject: Who is Floyd Schneider and why is he interested in Zicam? floydtheonea...
Dear Friends.
My name is Floyd Schneider and I would like you to know why I have posted so much information on this thread about Zicam. I first became aware of anosmia and Zicam when doing a search on google on the company that markets Zicam Matrixx Initiative Inc. previously known as Gum Tech International. I
started to expose the dangers and warning signs on silicon investor and yahoo mtxx /gumm message boards. In a attempt to silence the truth Matrixx has filed a SLAPP suit against me and has added my wife also to the suit. The suit is located here
superiorcourt.maricopa.gov
More of the post is at: health.groups.yahoo.com

CV2004-001338 Case Type Civil File Date 1/23/2004
Kenneth W Wigton Plaintiff Male Daniel Radacosky
superiorcourt.maricopa.gov

MATRIXX INITIATIVES INC - MTXX Unscheduled Material Events (8-K ...Ms. Remond's article appears on today's Dow Jones Newswire-the very day that Matrixx Initiatives is deposing Schneider. We believe that the timing of this ...
sec.edgar-online.com/2004/02/11/0000950153-04-000327/Section5.asp

Re: 3/2/04 - [MTXX] Dow Jones: Matrixx And A Brokerage Called Gunnallen DJ IN THE MONEY: Matrixx And A Brokerage Called Gunnallen By Carol S. Remond ...
www.siliconinvestor.com/readmsg.aspx?msgid=22281735

CAYMAN ISLANDS
GAZETTE
Monday, 3rd May 2004 Issue No. 9/2004
pdf file page 11 of 55
BARBARY COAST MASTER GENERAL PARTNER LTD.
(In Voluntary Liquidation)
The Companies Law (2003 Revision)
TAKE NOTICE THAT the following resolution was passed by the shareholders of the above-mentioned company by unanimous written resolution dated 8th April 2004:
“RESOLVED that the Company be voluntarily wound up and Stephen N. Worthington be appointed as the Liquidator to act for the purposes of such winding-up.”.NOTICE IS HEREBY GIVEN that the creditors of the above-named Company which is being wound up voluntarily are required within 30 days of this
notice, to send in their names and addresses and the
particulars of their debts and claims and the names and addresses of their attorneys-at-law (if any) to the undersigned. In default thereof, they will be excluded from the benefit of any distribution made before such debts are proved.
Dated this 20th day of April 2004.
STEPHEN N. WORTHINGTON
Voluntary Liquidator
Contact for enquiries: Jarod Benson
Telephone (345) 914 4297
Facsimile (345) 814 8297
Address for service:
Walkers, P.O. Box 265 GT
Grand Cayman, Cayman Islands
The address of the Liquidator is:
c/o Barbary Coast Capital Management, LLC
311 California, Suite 600, San Francisco
CA, 94104, USA
gazettes.gov.ky
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CAYMAN ISLANDS
GAZETTE
Tuesday, 15th June 2004 Issue No. 12/2004
pdf file page 15 of 38
BARBARY COAST MASTER GENERAL PARTNER LTD.
(In Voluntary Liquidation)
The Companies Law (2003 Revision)
TAKE NOTICE THAT pursuant to section 145 of the Companies Law (2003 Revision) that the final meeting of the shareholders of the above-named company will be held at the office of Walkers, P O Box 265GT, Walker House, Mary Street, George Town, Grand Cayman, Cayman Islands, on 15th July 2004, at 10.00 a.m.
Business:
1. To lay accounts before the meeting, showing how the winding up has been conducted and how the property has been disposed of, as at the final winding up and for hearing any explanation that may be given by the liquidator.
2. To authorise the liquidator to retain the records of the Company for a period of five years from the dissolution of the Company, after which time they may be destroyed.
gazettes.gov.ky
pg 16 of 38
Any member entitled to attend and vote is permitted to appoint a proxy to attend and vote instead of
him and such proxy need to be a member.
Dated this 31st May 2004.
STEPHEN N. WORTHINGTON
Voluntary Liquidator
The address of the Liquidator is:
c/o Barbary Coast Capital Management, LLC
311 California, Suite 600, San Francisco
CA 94104, USA
gazettes.gov.ky

To: rrufff who wrote (6053) 5/27/2004 4:06:39 PM
From: AsturiasPh.D/MBA Read Replies (1) 6056 of 9801
IDN INTELI CHECK SERVED SI WITH A SUBPOENA FOR MY IDENTITY. THEY HAD NOT EVEN FILED A LAW SUIT. SI REFUSED TO HONOR THE SUBPOENA. FUNNY THING WAS ALL THAT I EVER DID WAS POST THIS RESEARCH REPORT ON SI
...see the post for more
Message 20172631

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2002-023934 08/23/2004
Docket Code 005 Form V000A Page 2
LATER:
The Court is in receipt of a letter dated June 17, 2004 from Robert F. Schaberg, on behalf of Barbary Coast Capital Management. The Court will take no action on this letter unless an appropriate motion is filed.
Filed: Letter dated 6/17/04 from Robert F. Schaberg
courtminutes.maricopa.gov

IN THE
COURT OF SPECIAL APPEALS OF MARYLAND
No. 02621
September Term, 2004
FORENSIC ADVISORS, INC., et al.
Appellants,
vs.
MATRIXX INITIATIVES, INC., et al.
Appellees.
citizen.org

Case Number CV2004-021668 Judge Gaines
Case Type Civil
File Date 11/17/2004
Party Name Rel Sex Attorney
Caron Cappy Plaintiff Female Daniel Radacosky
Dennis Christensen Plaintiff Male Daniel Radacosky
Sharon F Cunningham Plaintiff Female Daniel Radacosky
Lorene Debartolo Plaintiff Female Daniel Radacosky
Cynthia A Dunn Plaintiff Female Daniel Radacosky
Heidi Huglin Deane Plaintiff Female Daniel Radacosky
William C Ladley Plaintiff Male Daniel Radacosky
Shelley Levine Plaintiff Female Daniel Radacosky
Joseph J Martzig Plaintiff Male Daniel Radacosky
Patricia S Meola Plaintiff Female Daniel Radacosky
Roger L Nakata Plaintiff Male Daniel Radacosky
Ruth Robinson Plaintiff Female Daniel Radacosky
Sharyl J Rodina Plaintiff Female Daniel Radacosky
Timothy H Ross Plaintiff Male Daniel Radacosky
Laura L Walker Plaintiff Female Daniel Radacosky
Kenneth W Wigton Plaintiff Male Daniel Radacosky
Gail E Newman Plaintiff Female Daniel Radacosky
Linda H Roark Strummer Plaintiff Female Daniel Radacosky
Matrixx Initiatives Inc Defendant Paul Giancola
Zicam L L C Defendant Paul Giancola
etc ...
superiorcourt.maricopa.gov

Case Number CV2005-002569 Judge Schneider
Case Type Civil
File Date 2/11/2005 Location Downtown
Party Information
Party Name Rel Sex Attorney
Ross T Hudson Plaintiff Male Daniel Radacosky
Irene R Meyers Plaintiff Female Daniel Radacosky
Matrixx Initiatives Inc Defendant Paul Giancola
Zicam L L C Defendant Paul Giancola
superiorcourt.maricopa.gov

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-001338 02/16/2005
Docket Code 023 Form V000A Page 2
While the Court does not sit to enforce ethical rules generally, there is no doubt of its inherent authority to regulate the conduct of lawyers who appear before it. Here, the Court finds that Mr. Radacosky’s anonymous, message-board postings were made in connection with the representation of his clients in these pending, consolidated cases. No other conclusion is plausible. Mr. Radacosky’s failure to disclose his role and direct interest in the issues which are
the subject of those message-board postings is, in the Court’s view, a violation of ER 4.1(a)(“Truthfulness in Statements to Others”) and ER 4.3(“Dealing With Unrepresented Person”) and potentially a violation of ER 8.4(c) (“Misconduct”). Without deciding the wisdom of Mr.
Radacosky’s activities or whether those activities conflict with his own clients’ interests, it is clear that his postings have no purpose but to harm a litigation adversary.
The Court’s power to regulate out-of-court conduct of lawyers who appear before it should be exercised with restraint and caution. Exercise of that power should be limited to
circumstances where the integrity of the legal process, the public’s respect for the courts or the litigants’ interests in a fair and untainted proceeding are directly affected. Matrixx and Zicam ask the Court to enter an order either (1) precluding Mr. Radacosky from making further postings
or (2) requiring him to disclose his interest in these cases in any future posting. While the Court is tempted to adopt the latter alternative, it declines to do so at this time and on the record before it for the following reasons:
1. It is not clear to the Court that Matrixx and Zicam do not have a right to identify “painfullyblunt2004” (Mr. Radacosky’s nom de plume) on the Yahoo! Finance Internet message board or any other Internet site. The Court has in mind Matrixx’ counsel’s argument that Matrixx’ rights to
speak are circumscribed by federal securities regulations, but remains to be persuaded that Matrixx
does not have a non-judicial remedy.
2. There is no trial set, and no apparent danger of tainting a prospective jury pool at this time.
3. The harm to Matrixx and Zicam is difficult to assess. The anonymous character of the message board does not reveal the identity of the recipients of Mr. Radacosky’s postings.
They may be, as Matrixx argues, Matrixx shareholders or prospective shareholders, financial analysts or interested members of the public. Absent some more quantifiable or identifiable harm to Matrixx, the Court is reluctant to intrude into the debate reflected by the postings on the
message board.
Nothing in this order should be considered an approval or a justification of Mr. Radacosky’s actions. If any of the three factors identified as a basis for the denial of relief
should change, or if new issues should arise, Matrixx and Zicam may renew their request.
IT IS HEREBY ORDERED denying without prejudice the motion of defendants Matrixx Initiatives, Inc. and Zicam, LLC, for relief.
courtminutes.maricopa.gov

To: Jeffrey S. Mitchell who wrote (7126) 2/18/2005 1:07:50 PM
From: Jeffrey S. Mitchell Read Replies (1) 7370 of 9801
Re: 2/18/05 - [MTXX] Judge Rules Attorney's Failure to Disclose his Identity on Yahoo Violated the Law
Message 21060618

To: Jeffrey S. Mitchell who wrote (7651) 4/13/2005 1:21:56 AM
From: Jeffrey S. Mitchell Read Replies (1) 7961 of 9801
Re: 4/6/05 - [MTXX] Radacosky vs. John Doe
Message 21223168
[jefFREY needs correction -- mtxx sued john doe first in 2002!
superiorcourt.maricopa.gov ]
Message 21223168

Register of Actions/Docket
Case Information Associated Cases
Number: 1-05-CV-044455
Title: D. Radacosky Vs John Doe #1
Category: Other Complaint - Unlimited
Filed: 7/5/2005 Disposed: Status: Open
sccaseinfo.org

July 2005
pointoflaw.com

Daniel J. Radacosky 03-2097, et al. Hearing Officer Report
filed 07/08/05 Disciplinary Commission Report
supremecourt.az.gov
filed 11/14/05 Supreme Court
supremecourt.az.gov
Judgment & Order [pending?]
supremecourt.az.gov

Disciplinary Commission of the Supreme Court of Arizona
Saturday, November 19, 2005
Consideration of the Hearing Officer’s Report recommending transfer to disability inactive status.
supremecourt.az.gov

ATTORNEYS TRANSFERRED TO DISABILITY INACTIVE STATUS - 2005
Radacosky, Daniel J.
05-5001
Indefinite Disability Inactive Status
11/29/05
supreme.state.az.us

veribull gets sued!!!
by: painfullyblunt2004 04/06/05 04:59 pm Msg: 111638
fullofbull is now officially a defendant in a defamation suit. Don't spend all my money golfing,
fullofbull. I don't want to have to execute a judgment on your golf clubs.
messages.finance.yahoo.com

CV2005-005820 Case Type Civil File Date 4/6/2005
superiorcourt.maricopa.gov

From: AsturiasPh.D/MBA
Case Information Case Number CV2005-005820 Judge
Message 21531900

Filed: 7/05/2005 Number: 1-05-CV-044455
sccaseinfo.org

Filed: 7/08/2005
Hearing officers report about a six-count complaint filed November 29, 2004
supremecourt.az.gov

Re: 7/14/05 - [MTXX] Radacosky vs. John Doe: Radacosky Subpoenas Yahoo...
Message 21507468

Re: 7/20/05 - [MTXX] Radacosky vs. John Doe: Radacosky Subpoenas Additional Information from Yahoo

Posters
Message 21533072

To: ravenseye who wrote (360) 2/26/2006 3:50:57 PM
From: AsturiasPh.D/MBA Read Replies (1) 361 of 2479
DANIEL J RADACOSKY ID NOT A DEFENDANT. WHATS YOUR POINT?
DANIEL J RADACOSKY WAS A PLANTIFFS ATTORNEY.
SURE HE MADE SEVERAL HUNDRED THOUSAND FROM THE CASE AND NOW CAN RETIRE IN STYLE.
HE CAN GO BACK TO BEING A ATTORNEY IN THE FUTURE IF HE WANTS TO. HE CURRENTLY IS NOT SUSPENDED
Message 22206257

Disciplinary Commission of the Supreme Court of Arizona
Friday, April 7, 2006
Consideration of the State Bar’s Petition for Order to Show Cause Why Discipline Should Not Proceed.
supremecourt.az.gov

4/18/06
MATRIXX INITIATIVES, INC.,
Plaintiff and Respondent,
v.
JOHN DOE, et. al.,
Defendants;
BARBARY COAST CAPITAL
MANAGEMENT, et. al.,
Appellants.
courtinfo.ca.gov

Metropolitan News-Enterprise
Wednesday, April 19, 2006 Page 1
Witness Must Identify Source of Anonymous Web Postings—C.A.
Justices Say Third Party Lacks Standing to Assert First Amendment Challenge
Matrixx was able to obtain information from Yahoo! tracing Gunallenlies to Worthington’s firm, Barbary Coast Capital Management in the San Francisco Bay Area. At his deposition, which was taken in San Francisco, Worthington refused to answer any questions about Veritasconari and Gunallenlies, including whether he was Veritasconari or Gunallenlies.
Message 22375878

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2005-005820 07/21/2006
Docket Code 023 Form V000A Page 1
CLERK OF THE COURT
HONORABLE BARRY C. SCHNEIDER W. Yank
Deputy
FILED: 07/25/2006
DANIEL J RADACOSKY DANIEL J RADACOSKY
4582 E CHUCHWALLA CANYON
PHOENIX AZ 85044
v.
JOHN DOE, et al.
courtminutes.maricopa.gov

3300.00 to the Federal Election Commission
RADACOSKY, DANIEL PHOENIX
AZ 85044 06/07/2006 1000.00 SELF-EMPLOYED/ATTORNEY 26020401818
query.nictusa.com

08/02/2006
IT IS ORDERED:
1. Vacating the status conference set in this division on August 8, 2006.
2. Setting a telephonic status conference in this division on November 9, 2006
at 9:00 a.m. Counsel for the Plaintiff is to initiate the telephonic conference
by first arranging the presence of all other counsel or self-represented parties
on the conference call and by calling this division (602-506-3940) promptly at
the scheduled time.
3. At the initiative of counsel for Matrixx, a brief joint report will be filed with
this division not later than noon on November 2, 2006.
Let the record reflect that this minute entry is faxed to counsel this date.
courtminutes.maricopa.gov
courtminutes.maricopa.gov

9/21/06
Still, the appeals court in Annapolis upheld the subpoena, stating that Mulligan's deposition would "go forward because it is clear that the subpoena issued to appellants [Mulligan] seeks much more information than is subject to protection under the act," wrote Chief Judge Joseph Murphy, referring to the state shield law.
rcfp.org

throw Milberg Weiss into the mix and this seems more volatile than first thought!
coldcure.com
george-eby-research.com

sure would be something if this turns into a securities manipulation case!
lma(zz)o who is fooling who?
yahoo.brand.edgar-online.com
lma(zz)o
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