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FGFC--JUST MIGHT BE THE BOTTOM.
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[QUOTE]Originally posted by Sally77: [QB] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MAL DUSZAK, ) JURY TRIAL DEMANDED ) Plaintiff, ) 07cv0009 ) v. ) ) EDWARD ABRAHAM ROSENMAN, ) WAKISHA ROSENMAN a/k/a WAKISHA ) NICOLAS, FIRST GUARDIAN ) FINANCIAL CORPORATION, ) TRAFALGAR LEASING & FINANCE ) CORPORATION, COSMOS GROUP, ) WINDSOR CAPITAL LTD., FAUZIE ) MOHAMED a/k/a FAUZIE MOHAMAED, ) “JOHN” LNU, JOHN DOES 1-100, ) ) Defendants. ) MOTION TO SUBSTITUTE “JOHN DOE” PARTY AND TO AMEND CAPTION AND NOW, Plaintiff Mal Duszak (“Duszak”), and moves this Court to substitute John Doe I with Daniel W. Burgess: 1. Duszak filed an extensive complaint against several entities and persons in connection with a complicated stock fraud scheme involving a company known as First Guarding Financial Corporation, which is traded on the Pink Sheets over the counter stock market. The stock fraud involved issuing press releases claiming that the company was reducing its authorized shares, all while at the same time, it was issuing new shares in excess of those authorized by its articles of incorporation. 2. The Complaint names John Does 1 through 100 because at the time of the filing, the identities of those responsible were not known. 3. Specifically, the John Doe defendants used nominees and name alterations during the course of their scheme. For instance, they used a 29 year old restaurant worker for their corporate “President” who was allegedly participating in multi-million dollar business transactions – all while managing a restaurant in Florida. 4. An extensive investigation has been started by the Plaintiff. 5. The Plaintiff learned that one press release announced a business transaction where FGFC purchased a company, “nationwidereforsale,” which allegedly had over $600,000,000 in real estate listings. An investigation revealed that an individual named Daniel W. Burgess purchased the website [URL=http://www.nationwidereforsale.com]www.nationwidereforsale.com[/URL] at an e-Bay auction for $1,300. Mr. Burgess admitted to the seller that he was buying the domain name for FGFC. Mr. Burgess provided the seller of the domain with contact emails dan*highanglemedia.com and dan*skiershop.com . 6. An investigation into these emails verifies that they indeed belong to Daniel Burgess who is the President of another publicly traded company, Summus Works, Inc., (Pink Sheets: SMMW). Mr. Burgess has apparently issued billions of shares (based on information, Mr. Burgess issued over 80,000,000,000 shares) in connection with SMMW that has reduced the price of the stock to $.0001, the lowest possible price for a publicly traded stock unless the buyer or seller is a licensed broker acting as a market maker. 7. Repeated attempts to contact Mr. Burgess have been unsuccessful and he has not returned various telephone calls. 8. The information in connection with the nationwidereforsale.com transaction, and Mr. Burgess’ prior participation in over the counter stocks, provides probable cause to believe that he may be directing FGFC’s activities through the use of nominees such as Defendant Rosenman. 9. At a minimum, the information reveals that Mr. Burgess has participated or aided and abetted the FGFC matter to a point where he should be substituted for John Doe 1 in this case. 10. As such, Plaintiff requests an Order directing that John Doe 1 be replaced with Daniel Burgess and that the caption be amended accordingly. 11. A proposed summons is attached for Daniel Burgess. 11. A proposed Order is attached. WHEREFORE, based on the above, plaintiff Mal Duszak respectfully requests that this Court issue an appropriate Order. I, Mal Duszak, declare and state under the penalty for perjury that the allegations above are true and correct to the best of my knowledge, information, and belief. 28 USC §1746. Respectfully submitted, ____________________________________ Mal Duszak [/QB][/QUOTE]
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