Wednesday, March 08, 2017 11:22:29 AM
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
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CMG HOLDINGS GROUP, INC. as assignee of
){A THE EXPERIENTIAL AGENCY, INC.,
Plaintiff,
-against-
JOSEPH WAGNER, HUDSONGRAY, INC., DARREN ANDERECK, JESSIE LOMMA, MICHAEL DAY, JEAN WILSON, ESTELLE PIZZO, STUDIO AG, LLC, REMIGIO GUDIN, and MIXED COMPANY, INC.
Civil Action No.: 15-cv-05814-JPO
DECLARATION
Defendants.
--------- ----------------------------------- ------ - - -------- ---X
JOSEPH WAGNER, JEFFREY SMITH, DARREN
ANDERECK, and JESSIE LOMMA,
Third-Party Plaintiffs,
-against-
GLENN LAKEN and ALEXIS LAKEN,
Third-Party Defendants.
------------- - --- - - -------------- - ----------------------- ----X
SOL MLOT, declares under penalty of perjury under the laws of the United States as follows:
1. I am a non-party to this litigation. I am providing this declaration to correct factual misrepresentations submitted, supposedly in my name and by affidavit, by Defendants. I have never seen certain documents Defendants have attached to the subject affidavit and was never told by anyone that this affidavit would be submitted, here. I strenuously object to statements those who have submitted these documents pretend I support and they never even asked me whether I supported them.
2. Briefly, Mr. Glenn Laken is a CMG principal and I have lived with Ms. Anita Laken, Mr.
Glenn Laken's mother, for about I 6 years. My adult son, Barry Mlot, has, since the beginning our relationship, viewed Anita as a threat to his inheritance and he has consistently sought to undermine our relationship. Barry was, in fact, the only person with access to the subject affidavit and I believe it was he who provided it Defendants, for his own perceived benefit.
3. Briefly, 1 have traded stock for more than 60 years and I trade today.
4. In April, 2012, I asked Glenn if he would share his opinions on certain stocks with me and make suggestions as to stocks he thought had growth potential. He mentioned CMG and I began to accumulate a position in it, along with other recommended stocks.
5. Glenn was never my stockbroker. He received no compensation from me for his advice.
6. 1 subsequently asked him to trade certain of my accounts and he agreed to do so, again for no compensation. Some stocks Glenn recommended began to lose money and I asked him if he would be willing to share in the losses of certain of them, including CMG and TNIB.
7. He agreed to do so and, on June 29, 2013, we memorialized our understanding regarding loss-sharing in a hand-written agreement.
8. A dispute later developed between us as to which stocks were the subject of this agreement, Glenn recalling the agreement addressed losses in just CMG and TNIB, and me, recalling the agreement was to cover all stocks Glenn recommended or traded, on my behalf.
9. In July, 2013, Barry inserted himself into this dispute and he began making accusations that Glenn was manipulating CMG's stock price in response to, among other things, domestic disputes I was then having with Anita. I was unaware of any basis for his accusations and am unaware of any today.
16. Since I executed the affidavit. I have barely communicated with Barry. It is clear to me that he secretly submitted this document. as if he were me. never seeking my permission to do so and Istate categorically that Iwould not have given such permission if asked.
17. I never saw the two-page "addendum·• (annexed as Exhibit 2 to my affidavi t) which my affidavit pretends to ratify. Inever wrote it, Inever reviewed it. Inever approved it and Ireject its many innuendos and falsehoods.
18. I have never spoken to Defendants·lawyers about this affidavit. nor the attached two- page addendum. nor anything else. Ihave no idea why they would submit this in a litigation which, as Iunderstand it. has nothing to do with me. without contacting me to determine the facts and whether Isupported doing so.
19. The affidavit and its Exhibit 2 presents a totally false impression of the facts.
20. I regret that my son's connivance has caused hi m to engage in such behavior in his efforts to undermine Mr. Laken and CMG. to try to get what he wants.
DATED: October 7,2016
soiMLOT
Wave maker
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