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Herten Burstein
Herten Burstein Sheridan Cevasco Bottinelli Litt & Hasz llc
Counsellors at Law
Patrick Papalia
Member of the firm
Member of NJ, NY & DC Bars
Writer's Direct Dial: (201)498-8504
Writer's Email: ppapalia@HertenBurstein.com
December 3, 2009
21 Main Street, Surre 353
Court Plaza South - West Wing
Hackensack, New Jersey 07601-7095
Tel: (201) 342-6000
Fax: (201) 342-6611
747 Third Avenue
37th Floor
New York, New York 100Î7
Tel: (212) 363-1380
www.HertenBurstein.com
Please reply to Hackensack
Civil Case Processing
Middlesex County Courthouse
56 Paterson Street
New Brunswick, New Jersey 08903
Re: Apex Technology Group, Inc. and Sarvesh Kumar Dharayan v. John Does, et
Docket No.: MID-L-7879-09
1248.91076
Dear Sir or Madam:
This office represents the Plaintiffs, Apex Technology Group, Inc. and Sarvesh Kumar
Dharayan with respect to the above-entitled matter. Enclosed for filing on behalf of the Plaintiffs
is an original and one (1) copy of an Order to Show Cause with Temporary Restraints; Brief in
Support of Order to Show Cause; Certification of Sarvesh Kumar Dharayan; Certification of
Counsel; and Certification of Service. Kindly file the enclosed documents and return a "filed"
copy in the self-addressed stamped envelope provided for your convenience. Kindly charge our
Attorney Collateral Account No. 140660 for fees associated with filing of same. Please use our
reference number: 1248.91076
Should you have any questions, please da not hesitate to contact my office.
PP/dkm
Enclosures
Via Hand Delivery
cc: Honorable Diane Pincus, J.S.C.
admin(Siendhlb,com via email
mmillere2006f£ivahoo.corn via email

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CERTIFICATION OF SERVICE
On December 3, 2009 the original and one copy of plaintiffs notice of cross-motion was
delivered to the Clerk's Office, Civil Case Processing, Middlesex County Courthouse, 56
Paterson Street, New Brunswick, New Jersey 08903, Via Hand Delivery; and
A courtesy copy was Hand Delivered to:
Hon. Diane Pincus, J.S.C.
Middlesex County Courthouse
56 Paterson Street
Chambers 405
New Brunswick, New Jersey 08903
A copy of the aforementioned motion was forwarded, Via Email to:
Adminia).endhlb.com
and
mmillere2006(5),vahoo.com
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Dawn K. Morena, Legal Secretary
HERTEN, BURSTEIN, SHERIDAN,
CEVASCO, BOTTINELLI
LITT & HARZ, LLC

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CERTIFICATION OF SERVICE
On December 3, 2009 the original and one copy of plaintiff s notice of cross-motion was
delivered to the Clerk's Office, Civil Case Processing, Middlesex County Courthouse, 56
Paterson Street, New Brunswick, New Jersey 08903, Via Hand Delivery; and
A courtesy copy was Hand Delivered to:
Hon. Diane Pincus, J.S.C.
Middlesex County Courthouse
56 Paterson Street
Chambers 405
New Brunswick, New Jersey 08903
A copy of the aforementioned motion was forwarded, Via Email to:
Adminfgjendhl b.com
and
mmiUere2006(5),vahoo,com
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Dawn K. Morena, Legal Secretary
HERTEN, BURSTEIN, SHERIDAN,
CEVASCO, BOTTINELLI
LITT & HARZ, LLC

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Reference No. 2009.91076
Account No. 140660
HERTEN, BURSTEIN, SHERIDAN, CEVASCO,
BOTTINELLI, LITT & HARZ, L.L.C.
Counsellors at Law
Court Plaza South, West Wing
21 Main Street - Suite 353
Hackensack, New Jersey 07601
(201) 342-6000
Attorneys for Plaintiffs
Apex Technology Group, Inc. and Sarvesh Kumar Dharayan
APEX TECHNOLOGY GROUP, INC., and
SARVESH KUMAR DHARAYAN,
Plaintiffs,
JOHN DOE (S) 1-10 (being fictitious names
for persons not yet identified), JOHN DOE
(S) 11-20 (being fictitious names for persons
not yet identified), ABC Corporation (s) 1-10
(being fictitious names for legal entities not
yet identified).
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-7879-09
CIVIL ACTION
ORDER TO SHOW CAUSE WITH
TEMPORARY RESTRAINTS
THIS MATTER, having been opened to the Court by Herten, Burstein, Sheridan,
Cevasco, Bottinelli, Litt & Harz, L.L.C., attorneys for plaintiffs, Apex Technology Group, Inc.
("Apex") and Sarvesh Kumar Dharayan, (collectively "Plaintiffs") Patrick Papalia, Esq.
appearing for the entry of the Order to Show Cause, on notice to admini5iendhlb.com. HIBScam
and mmillere2006fgivahoo.com, and the Court, having considered the Verified Complaint, Legal
Brief and Certification annexed hereto, and having heard oral argument, if any, and for good
cause shown;
IT IS on this day of December, 2009,

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ORDERED, that the third party posting under the username admin(giendhl b.com show
cause before the Honorable Diane Pincus, J.S.C, of the Superior Court of New Jersey, Law
Division, Middlesex County, at the Court House, 56 Paterson Street, New Brunswick, New
Jersey 08903 in Room on the day of December, 2009 at 9:00 a.m. or as soon
thereafter as counsel may be heard, as to why and Order should not be entered granting the
following relief, including, but not limited to:
1. A preliminary injunction enjoining the third party posting and corresponding
under the usernames admin(5jendhl b.com, HIBScam, and
mmillere2006(5).vahoo.com from posting any false, defamatory and/or negative
statements related to Apex and/or its officers and directors;
2. A preliminary injunction compelling the third party posting and corresponding
under the usernames admin(g),endhlb.com. HIBscam, and
mmülere2006(g!vahoo.com to produce to Plaintiffs any and all information in
that party's possession which would assist in identifying any individual posting
any information about Plaintiffs on www.endhlb.com including, but not limited
to IP addresses, email addresses and/or names; and it is further
3. A preliminary injunction enjoining the third party posting and corresponding
under the usernames admin@,endhlb.com, HIBScam, and
mmillere2006fq).vahoo.com from destroying the IP address and any other
identifying information of the individuals posting on www.endhlb.com in their
possession, and shall remove and/or delete any postings regarding Plaintiffs or
any of their employees, officers or agents;
ORDERED that, pending the return date of the Order to Show Cause, the third party
posting and corresponding under the usernames admin(a),endhlb,com, HIBScam, and
mmiliere2006@,vahoo.com shall not destroy the IP address and/or any other identifying
information of the defendants in their possession, and shall remove and/or delete any postings
regarding Plaintiffs or any of their employees, officers or agents; and it is further
ORDERED that, pending the return date of this Order to Show Cause, the third party
posting and corresponding under the usernames admin(g),endhl b.com, HIBScam, and
2

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mmiUere2006@vahoo.com shall not post any false, defamatory and/or negative statements
regarding Apex and/or its officers and directors; and it is further
ORDERED that the third party posting and corresponding under the usernames
admin@endhlb.com, HIBScam, and mmillere2006@vahoo.com shall immediately produce to
Plaintiffs any and all information in that party's possession which would assist in identifying
any individual posting any information about Plaintiffs on www.endhlb.com including, but not
limited to IP addresses, email addresses and/or names; and it is further
ORDERED that Plaintiffs be and hereby are required to email to the third party posting
and corresponding under the usernames admin@endhl b.com, HIBScam, and
mmillere2006@,vahoo,com notice of this Order to Show cause, and that if anyone wishes to
respond to this proceeding that they must do so in accordance with this Court's Order which can
be obtained by contacting the Middlesex County Superior Court; and it is further
ORDERED that the third party posting and corresponding under the usernames
admin@endhlb.com, HIBScam, and rnmillere2006@vahoo.com shall file and serve any
answering affidavits, certifications, briefs or motions returnable on the return date hereof no
later than eight (8) days before the return date, and any reply thereto shall be filed at least four
(4) days prior to the return date; and it is further
ORDERED that the third party posting and corresponding under the usernames
admin@endhlb.com, HIBScam and mmillere2006@vahoo.com may move to modify or
dissolve the temporary restraints contained herein on not less than three (3) days' notice.
J.S.C.

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APEX TECHNOLOGY GROUP, INC,
SARVESH KUMAR DHARAYAN,
and
Plaintiff,
JOHN DOE(S) 1-10 (being fictitious names for
persons not yet identified) JOHN DOE (S) 11-
20 (being fictitious names for persons not yet
identified, ABC Corporation(s) 1-10 (being
fictitious names for legal entities not yet
identified,
Defendants.
SUPERIOR COURT OF NEW JERSEY
MIDDLESEX COUNTY: LAW DIVISION
DOCKET NO. MID-L-7879-09
CIVIL ACTION
BRIEF OF APEX TECHNOLOGY GROUP, INC. AND SARVESH KUMAR
DHARAYANIN SUPPORT OF THEIR APPLICATION FOR
AN ORDER TO SHOW CAUSE
HERTEN, BURSTEIN, SHERIDAN, CEVASCO,
BOTTINELLI, LITT & HARZ, LLC
Attorneys for Plaintiff
21 Main Street
Hackensack, New Jersey 07601
(201) 342-6000 Fax: (201) 342-6611
Of Counsel & On the Brief:
Patrick Papalia, Esq.

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TABLE OF CONTENTS
Page
STATEMENT OF FACTS 1
ARGUMENT 5
L APEX TECHNOLOGY GROUP, INC. IS ENTITLED TO A TEMPORARY
RESTRAINING ORDER, PREVENTING THE THIRD PARTY POSING UNDER THE
USERNAME ADMIN@ENDH1B.COM FROM POSTING ANY DEFAMATORY
STATEMENTS ON ENDHIB.COM'S WEBSITE, AS WELL AS PROHIBITING
ADMIN@ENDH1B.COM FROM DESTROYING ANY OF THE DEFAMATORY
INFORMATION FOR THESE OR OTHER SIMILAR USERS, 5
II. APEX IS ENTITLED TO THE DISCLOSURE OF THE IDENTITIES OF THESE
ANONYMOUS POSTERS 8
CONCLUSION 11

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STATEMENT OF FACTS
Apex Technology Group, Inc. ("Apex") is a New Jersey corporation engaged in the
business of providing skilled computer consultants to its customers, or the end-clients of its
customers for the purposes of providing computer consulting services. Plaintiff Sarvesh Kumar
Dharyan is a principal of Apex. In the course of Apex' business they recruit highly qualified
professionals from overseas, and will work to secure HIB visa status for those individuals. Apex
relies on its reputation in the field and with the population of this and other countries such as
India in order to continue to recruit highly trained personnel in the competitive world of
computer consulting services.
Endhlb.com is a website which promotes itself as a portal for information related to the
HIB visa program. Endhlb.com also offers message boards whereby individuals may post
messages on a variety of topics, or start a topic thread. On or about December 1, 2009 Apex
became aware of several postings on endhlb.com from an anonymous person or persons making
defamatory statements against Apex, its agents, officers, and employees. See postings from
endhlb.com attached as Exhibit A to the Certification of Sarvesh Kumar Dharayan ("Dharayan
Cert."). These individuals posted statements including:
Apex Technology Group Ine is a H-1B slave trader.
" There are several Indian companies operating from United States, like
the Apex Technology Group Ine that you mentioned, employee
complaints range from non-payment of salary which is illegal by the law
of the country and using employee as a tool to pump jobs and illegaly
placing someone else. There are resumes with unreal names and
imaginary characters, these set of people attend job interviews and are
basically used (I heard this as greivance) to get the other set of dumb
people jobs. These people dont get paid and are considered to be "on-
bench" and are given food and accomodation just as some refugees of a
war would be. Do not get stuck with these companies like Apex
1

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Technology Group Inc. If you find that the company does not give you
salary / you are attending interviews that are going no where/ you find
something fishy, report to the Immigration / US Consulate or Authorities
Immediately. Recession applies to all bodies and no just worker class and
labourers."
Fraud at Apex Technology Group, Inc.
Apart from above, employees don't receive their salary at the end of the
month. It is usually received @ a random date in the following month,
provided you are lucky. Else you would have to chase HR/Accounting to
get your pay check. This process helps Apex technology group ine to
hold back pay incase you choose to accept employment at another
location.
The most important aspect of your transaction's with Apex Technology
Group Ine is that they tell you one thing before you transfer your HIB to
their consulting firm and then later do not stick to what they say(aka lies
& cheating). In other words once you file/transfer your HIB to them you
more or less become their slave and you will get entangled in thier web of
lies and legal documents.
Sarvesh and his wife Chhavi run the company, they are very
unprofessional and treat employees with no respect. They will speak with
employees as if they are doing a favor on them. They do not have any
direct client's and their marketing folks in Noida would chase posting's
on job websites to set you up for interviews.
Also some past history about this company:
Apex Technology Group Ine, was started by Alok Kumar Dharayan. At
some point Alok inducted his brother Sarvesh who eventually took over
and Alok moved out due to some differences but both the brother's play
along so that they don't get into trouble.
During the time when Alok was the President of the company, he filed
several I-485/Labor's which he was able to transfer to HIB employees
for filing their green cards. Those employees spread the word by mouth
and Apex grew in numbers.However those days are now over and any
intention's/incentives of green card will not come to fruition or will come

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at a cost of several years of servitude. So please be aware and do not be
deluded.
Apex Technology Group Ine was able to quell their x/-employee's
voices on www.goolti.com by using legal threat's. You can find more
info at the following location
http://www.goolti.com/reviewdetail.php7companv id=l 95 .Also I
thought you would be interested in knowing that they were the biggest
spammer's on www.goolti.com. where they initially tried to cover up
their deeds You can find more info at the following location
http://goolti.blogspot.com/2008/07/this-months-biggest-spammers.html
Apex has, individually and through counsel, contacted the endhl .com website in a good
faith attempt to have such false and defamatory statements removed. Apex received responses
from a person or persons on behalf of the website, alternately using screen names
admin(S),endh 1 b.com and mmiilere2006@,vahoo,com, A full recitation of the correspondence
between Plaintiffs and www.endhlb.com is set forth in the Dharayan Cert., and in Exhibit B to
that Certification. As of the date of this filing, www.endhlb.com has not only failed and refused
to remove the false and defamatory posts, but has launched a campaign of harassing and
combative communications to both Plaintiffs and Plaintiffs' counsel which that individual which
contain false and defamatory statements regarding Plaintiffs and Plaintiffs' counsel, and levels
baseless threats against both Plaintiffs and Plaintiffs' counsel. See Exhibit B to Dharayan Cert,
and Exhibit A to Certification of Patrick Papalia, Esq. ("Papalia Cert."). Apex complies with all
Federal Immigration and labor and employment laws. To Apex knowledge, they are not under
any investigation, State, Federal or otherwise, nor is any individual employee or their
immigration status under investigation. All of the allegations by these posters are false, and
therefore defamatory and actionable at law.

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The world of computer consulting is both high paced and competitive. Each agency
strives to secure the most qualified individuals to become part of their team. The recruitment of
these individuals is based almost entirely upon the reputation of the company within the field and
community. Additionally, it is its reputation in the field, along with skilled individuals recruited
by Apex that allows Apex to maintain and attract new customers. These defamatory, harassing,
and untrue postings made by these unscrupulous individuals, which postings are being allowed to
remain public by www.endhlb.com, have caused irreparable damage to Apex' reputation in the
field and to Apex' ability to recruit. The failure of endhlb.com to immediately remove these
blatantly defamatory statements has caused irreparable injury to Apex. Over the course of the
past ten (10) days, Apex has had three (3) consultants refuse to report for employment with Apex
as a direct result of the foregoing, and has been advised that several of its current employees are
aware of the false and defamatory information contained on www.endhlb.com and
communicated by the individual or individuals posting and communicating under the usernames
admin@,endhlb,com and mmiUere2006(q),vahoo,com, The failure of endhlb.com to disclose the
identity of the poster or posters and the individual or individuals posting and communicating
under the usernames admin@endhlb.com and mmiHere2006(q),vahoo,com has delayed Apex
ability to seek the appropriate legal remedies.

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ARGUMENT
I. APEX IS ENTITLED TO A TEMPORARY RESTRAINING
ORDER COMPELLING PRODUCTION OF THE IDENTITY OF
THE THIRD PARTY POSTING AND COMMUNICATING UNDER
USERNAMES ADMIN@ENDH1B.COM AND
MMILLERE2006@YAHOO.COM: PREVENTING THE THIRD
PARTY POSTING AND COMMUNICATING UNDER
USERNAMES ADMIN@ENDH1B.COM AND
MMILLERE2006(SYAHOO.COM FROM POSTING ANY
FURTHER DEFAMATORY STATEMENTS ON ENDHIB.COM'S
WEBSITE; PROHIBITING ENDH1B.COM FROM DESTROYING
ANY OF IDENTIFYING INFORMATION FOR THESE OR
OTHER SIMILAR USERS; COMPELLING THE DISCLOSURE
OF ANY IDENTIFYING INFORMATION FOR THE INDIVIDUAL
OR INDIVIDUALS POSTING ABOUT PLAINTIFFS ON
ENDH1B.COM
In determining whether to issue temporary restraints the Court must consider: (1) such
relief should not issue except when necessary to prevent irreparable harm; (2) the legal right
underlying plaintiffs' claim is settled; (3) there is a reasonable probability of ultimate success on
the merits of its underlying claim; and (4) the respective hardships to the parties favor the
granting of injunctive relief. Crowe v. DeGioia, 90 N.J. 126 (1982); see also Citizen Coach Co.
v. Camden Horse RR Co., 29 N.J.Eq. 299 (1878). In the matter at hand, it is clear that Apex
continues to be irreparably harmed by the actions of an individual or individuals alternatively
utilizing the usernames admin@,endhlb.com and mmillere2006@,vahoo.com, as well as the
individual or individuals www.endhlb.com is permitting to post on its site, through the use of
public message boards on www.endhlb.com. There is no question that these statements which
have been posted on the website are defamatory in nature, as a defamatory statement is defined
as one which is false and (1) injuries another person's reputation; (2) subjects the person to
hatred, contempt or ridicule; or (3) causes others to lose goodwill or competence in that person.

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Romine v. Kallìnger, 102 N.J. 282, 289 (1988). Defamatory statements harm the reputation of
another in a way that lowers the estimation of a community about the person or deters third-
person from associating or dealing with him. McLaughlin v. Rosanio, Ailets and Talamo, Inc.,
331 N.J.Super. 303, 312 (App. Div. 2000). Additionally New Jersey Courts have ruled that
when the words themselves are so defamatory on their face that they damage an individual's
reputation face, a matter is actionable per se. Printing Mart-Morristown v. Sharp Electronics
Corp., 116 N.J. 739, 765 (1989). Apex is aware that in the past ten (10) days alone, three (3)
consultants have refused to report to work for Apex and abandoned their employment with Apex
as a direct result of the false and defamatory statements at issue. Apex management is also
aware of growing concern about Apex status among its current employees, which concern has
been triggered by the statements at issue. Apex business is centered entirely on its ability to
provide qualified consultants to its customers. Apex continuing loss of consultants as a result of
these statements constitutes clear irreparable harm.
As noted above, the standard regarding defamation is clear, and these statements are
defamatory on their face, giving Apex at very least a reasonable likelihood of success on the
merits. Finally, www.endhlb.com stands to suffer no harm from removal of the false and
defamatory postings or disclosure of the identity of the individual or individuals posting on the
website and/or posting and corresponding using the usernames admin@,endhl b.com and
mmillere2006(5),vahoo.eom. On the contrary, Apex is has and continues to suffer damage based
on the statements at issue.
Based on the foregoing, there is no question that Apex is entitled to injunctive relief as
they have suffered and continue to suffer irreparable injury in the form of lost employees; that

Page 15
the legal standard regarding defamation is well-settled; that Apex has a reasonable likelihood of
success on the merits; and that the balance of the equities weighs in favor of Apex.

Page 16
II. VISION IS ENTITLED TO THE DISCLOSURE OF THE
IDENTITIES OF THESE ANONYMOUS POSTERS.
Under Federal and State law individuals are granted protections for speech. U.S.
Constitution First Amendment; N.J.S.A Const. Art. I, Para. 6. However, Courts have
acknowledged that in the age of internet technology and the advancement of the world wide web
as a source for a new form for the people, individuals deserve a right to be protected from
defamatory and damaging statements which are baseless. The Courts have held that although the
conditions of anonymity have been generally protected, at times, upon appropriate application,
an internet site will be required to release all identifying information regarding its members,
users or posters if necessary to protect others from damaging speech. Dendrite International,
Inc. v. John Doe, No. 3, 342 N.J.Super. 134, 141 (App. Div. 2001). New Jersey has further
recognized that "[although anonymous speech on the Internet is protected, there must be an
avenue for redress for those who are wronged. Individuals choosing to harm another or violate
an agreement through speech on the Internet cannot hope to shield their identity and avoid
punishment through invocation of the First Amendment." Immunomedics, Inc. v. Doe, 342 N.J.
Super. 160, 167 (App. Div. 2001). In the instant matter, an individual or individuals have
anonymously made false, defamatory and baseless claims regarding Plaintiffs which have caused
and continue to cause damage to Plaintiffs.
The Court in Dendrite, supra, set forth a four part test regarding the application of a party
for the identification of anonymous posters and users of an internet website. The four parts are:
(1) plaintiff should undertake efforts to notify the anonymous posters that they are subject of a
subpoena or application for an order of disclosure; (2) the Court shall also require the plaintiff to
identify and set forth the exact statements purportedly made by each anonymous poster that the

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plaintiff alleges constitutes actionable speech; (3) plaintiff must demonstrate that its action can
withstand a motion to dismiss for failure to state a claim; and (4) plaintiff must produce
sufficient evidence supporting each element of its cause of action, on a prima facie basis, prior to
the Court ordering the disclosure of the identity of an unnamed defendant. Id. If the plaintiff
satisfies the test, the Court will balance the defendant's First Amendment Right of anonymous
speech against the strength of'the prima facie case presented. Id.
In the case at bar, Apex meets the required standards set forth in Dendrite and is
therefore entitled to disclosure of the identity of both the individual alternatively using the
username admin@.endh 1 b.com and mmillere2006(q).vahoo.com; as well as the anonymous
individuals who have posted negative and defamatory comments against the Plaintiffs and their,
directors and/or employees. As per the relief requested in this Order to Show Cause plaintiff has
already forwarded this filing to the individual alternatively using the username
adminfgiendhlb.com and mmiilere2006(a)/yahoo.com, and will notice the anonymous users
subject to the subpoena being issued, that this application has been filed and set forth for the
return date. Additionally, per the Certification of Suresh Kumar Dharayan, and attached
exhibits, plaintiffs have sufficiently set forth all of the defamatory statements which have been
made by the defendant John Does. Furthermore, the Plaintiffs set forth the standard for
defamation and defamation per se, and clearly demonstrated that they meet the standard and
pursue and prima facie case against the individual or individuals posting on www.endhlb.com.
as well as the individual or individuals posting and corresponding using the usernames
admin@.endhlb.com and mmillere2006(a),yahoo.com. As evidenced by the statements which
were listed in the Dharayan Certification, and attached as Exhibit A to said Certification, these

Page 18
Statements made by the anonymous posters clearly meet the standard of defamation as they are
false, and are damaging to Apex' reputation within the community and their field. Additionally
as demonstrated by Plaintiffs, these statements have subject Plaintiffs to the loss of employees in
an industry centered on recruiting and retaining qualified employees, and therefore have directly
damaged Plaintiffs through the loss of contracts as well as the loss of qualified individuals who
are current or prospective employees of a company. Individuals are not protected when they
make knowingly false and defamatory statements which cause damage to other individuals or
entities. In the case sub judice, Plaintiffs clearly demonstrated that they are and continue to be
damaged by the defamatory postings of the anonymous individual or individuals posting on
www.endhlb.com, as well as the postings and correspondence by the individual or individuals
under the usernames admin(£iendh 1 b.com and mmillere2006@,vahoo.com and that they are
entitled to the relief requested.
10

Page 19
CONCLUSION
For the foregoing reasons Plaintiffs respectfully requests that the Court grant their Order
to Show Cause in its entirety.
Dated: December 2, 2009
<ELLI, LITT & HARZ, L.L.C
s fori Plaintiffs
HERTENj BURSTEIN, SHERIDAN, CEVASCO,
BOTTII«
Attorneys
By:.
..-Patrick Papalia
11

Page 20
Reference No. 2009.91076
Account No. 140660
HERTEN, BURSTEIN, SHERIDAN, CEVASCO,
BOTTINELLI, LITT & HARZ, L.L.C.
Counsellors at Law
Court Plaza South, West Wing
21 Main Street - Suite 353
Hackensack, New Jersey 07601
(201) 342-6000
Attorneys for Plaintiffs
Apex Technology Group, Inc. and Sarvesh Kumar Dharayan
APEX TECHNOLOGY GROUP, INC., and
SARVESH KUMAR DHARAYAN,
Plaintiffs,
JOHN DOE (S) 1-10 (being fictitious names
for persons not yet identified), JOHN DOE
(S) 11-20 (being fictitious names for persons
not yet identified), ABC Corporation (s) 1-10
(being fictitious names for legal entities not
yet identified).
Defendants.
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO. MID-L-7879-09
CIVIL ACTION
CERTIFICATION OF SARVESH
KUMAR DHARAYAN
Suresh Kumar Dharayan, of full age, hereby certifies as follows:
1. I, Suresh Kumar Dharayan, am the President of Apex Technology Group, Inc.
("Apex"), the plaintiff in the above-entitled action, and am an individual plaintiff in this matter.
I am the duly authorized agent for the plaintiff for purposes of making this Certification. I am
fully familiar with the facts set forth herein. I make this Certification in support of Plaintiffs'
Order to Show Cause.
2. On or about November 30, 2009 Apex became aware that an anonymous person
or individuals were posting untrue, defamatory, harassing and damaging statements about Apex,
its officers and agents on www.endhl b.com. and were communicating such statements under
usernames adminfgiendhlb.com and mmülere2006(S¡yahoo.com,

Page 21
3. Plaintiffs contacted endhlb.com directly and informed its administration of these
defamatory and untrue statements, thereby making it aware that these statements are causing
damage to Apex' reputation and business. A true and accurate copy of the correspondence
between Plaintiffs and an individual alternately using the usernames admin(a),endhlb,eom and
mmillere2006@vahoo.com is attached to this Certification as Exhibit B.
4. Endhlb.com has failed to work with Plaintiffs in removing the defamatory
postings, and preventing any additional defamatory postings. Endhlb.com has also refused to
provide Plaintiffs with the identity or whatever identifying information it may have regarding the
identity of the posters.
5. By way of example, the individual known as "pjainatapextgi" made a post entitled
"Fraud @ Apex Technology Group Inc.," wherein that individual falsely and for the sole purpose
of defaming Apex, stated:
Apart from above, employees don't receive their salary at the end of the
month. It is usually received @ a random date in the following month,
provided you are lucky. Else you would have to chase HR/Accounting to
get your pay check. This process helps Apex technology group ine to
hold back pay incase you choose to accept employment at another
location.
The most important aspect of your transaction's with Apex Technology
Group Ine is that they tell you one thing before you transfer your HIB to
their consulting firm and then later do not stick to what they savfaka lies
& cheating). In other words once you file/transfer your HIB to them you
more or less become their slave and you will get entangled in thier web of
lies and legal documents.
Sarvesh and his wife Chhavi run the company, they are very
unprofessional and treat employees with no respect. They will speak with
employees as if they are doing a favor on them. They do not have any
direct client's and their marketing folks in Noida would chase posting's
on job websites to set you up for interviews.
Also some past history about this company:
Apex Technology Group Ine, was started by Alok Kumar Dharayan. At
some point Alok inducted his brother Sarvesh who eventually took over
2

Page 22
and Alok moved out due to some differences but both the brother's play
along so that they don't get into trouble.
During the time when Alok was the President of the company, he filed
several I-485/Labor's which he was able to transfer to HIB employees
for filing their green cards. Those employees spread the word by mouth
and Apex grew in numbers.However those days are now over and any
intention's/incentives of green card will not come to fruition or will come
at a cost of several years of servitude. So please be aware and do not be
deluded.
Apex Technology Group Ine was able to quell their x/-employee's
voices on www.goolti.com by using legal threat's. You can find more
info at the following location
http://www.goolti.com/reviewdetail.php7companv id=l95 .Also I
thought you would be interested in knowing that they were the biggest
spammer's on www.goolti.com. where they initially tried to cover up
their deeds You can find more info at the following location
http://goolti.blogspot.com/20Q8/07/this-months-biggest-spammers.html
(Emphasis added.)
6. Another individual, under username "HIB Scam," which is believed to be the
same person, posted a headline stating "Apex Technology Group Ine is a H-1B slave trader,"
with the following false and defamatory comments:
" There are several Indian companies operating from United States, like
the Apex Technology Group Ine that you mentioned, employee
complaints range from non-payment of salary which is illegal by the law
of the country and using employee as a tool to pump jobs and illegaly
placing someone else. There are resumes with unreal names and
imaginary characters, these set of people attend job interviews and are
basically used (I heard this as greivance) to get the other set of dumb
people jobs. These people dont get paid and are considered to be "on-
bench" and are given food and accomodation just as some refugees of a
war would be. Do not get stuck with these companies like Apex
Technology Group Inc. If you find that the company does not give you
salary / you are attending interviews that are going no where/ you find
something fishy, report to the Immigration / US Consulate or Authorities
Immediately. Recession applies to all bodies and no just worker class and
labourers."

Page 23
(Emphasis added.)
7. That same individual posted another comment titled "More Apex Technology
Group Frauds Exposed." which stated:
"Read ur postings, fst of all let me make it cler to u all that Apex
Technology Group Inc. and Apex Technology Systems, Inc. r not d same
one. As posted by Krishna, Apex Technology Systems, Inc. may be a gud
co but Apex Technology Group Inc., pis 4 god sake don't even dream of
joining them. This company is run by a big cheat Sarvesh and one of his
CHAMCHA, Alok. One of my friends applied 4 Hlb thru them last yr.
these cheats charged him a huge amount and lured him by giving all sort
of temptations. He was told that they have their own projects and own
development center. But he realized the truth after paying them when
they didn't send his docs for appearing before the consulate for interview.
He had to chase them like mad for getting his docs. They don't entertain
ur mails if u seek any info. They don't reply
to ur calls. They always try to hold u responsible for every mistake even
committed by them. Especially the so called president of the company,
Sarvesh. Their system is not transparent at all. They don't send u the docs
to appear for the consulate interview in time. If at all they send, it will be
incomplete and supported by fake project report. They do it intentionally
because when u appear for d interview with these type of docs, u r caught
at the consulate and ur visa is rejected and this so called president and his
CHAMCHA blame you by saying that you were not prepared well and
could not perform before the consulate. So now they are not responsible
if ur visa gets rejected and they wud not refund ur money
too. Actually this is their modus operandi for making money. So pis. for
god sake don't waste ur or ur parents hard earned money by giving it to
these cunning people. They r not trust worthy at all - believe me. "
In an effort to have these false, defamatory and damaging posts removed from the
website, Apex, contacted endhlb.com through an email address provided on the site for contact
purposes. That email address is admin(a),endhl b.com. The full text of that initial contact is as
follows:
Dear Sir or Madam;

Page 24
On 11/23/2009 Apex Technology Group, Inc. came to an attention about
your website www.endhlb.com
<http://click.icptrack.com/icp/relav.php?r=15468897&msgid=152212&a
ct=RFFI&c=546921&admin=0&destination=http%3A%2F%2Fwww.end
hlb.com%2F> which provided artificial and untruthful statement to the
public which can't even confirmed by this specific indiduals who claim
himself as Mr. Pankaj Jain and is defaming Apex Technology Group
reputation in many other websites which are currently cooperating with
our Attorney. I would like to bring this to you attention that our Attorney
has went forward with legal proceedings against this culprit. As per you
if owner is not responsible for the information posted on this website has
full right to remove the article requested by Apex TGI.
I am disappointed because your services didn't check the authenticity of
the person who posted our legal document which has defamed our Apex
Technology Group's image and could lead to heavy losses to the revenue
which has reputation and been in the business since 2001. To further
minimizing the damage to Apex Technology Group's reputation I purpose
you remove the article linked to your website. I further request you to
provide us the contact details of the individual who posted this legal
agreement without permission since we are the copyright owner of the
legal document. We request that you investigate the substance of our
complaint, and provide us with the contact details of the individual in
fault, pursuant to Section 512(f) of the DMCA, any person who
knowingly materially misrepresents that material or activity is infringing
may be subject to liability, as suggested in your website, if these
allegation are found valid. Please respond to us in writing.
To resolve the problem I would appreciate and require you to take the
action to remove the link attached below:
http://endhlb.eom/Webfologs/endhlb/archive/2009/l 1/19/indentured-
servitude-is-part-of-the-business-model.aspx
<http://click.icptrack.com/icp/relav.php?r=15468897&msgid=152212&a
ct=RFFI&c=546921&admin=0&destination=http%3A%2F%2Fendhlb.c
om%2FWeb%2Fblogs%2Fendhlb%2Farchive%2F2009%2Fl 1 %2F19%
2Findentured-servitude-is-part-of-the-business-model.aspx>
I look forward to hearing from you and to a resolution of this problem. I
will wait till 12/04/2009 before arranging for the matter to be removed
from your website by a third party (Company's Attorney) at your cost or
seeking help from Consumer Protection Agency. Please feel free to reach
me for any further inquiries at the contact information below.

Page 25
8. In response we received an email from admin(g),endhlb,com which stated, in
pertinent part:
We at www.endhlb.com received this email from what appears to be an
Indian bodyshop in New Jersey. They want us to take down a post from
Desicruch, and "provide contact details of the individual who posted this
legal agreement." We have not posted a legal agreement and don't have
the contact details of anyone of our contributors. We will also protect the
privacy of any members of our community.
This is clearly an attempt to apply Indian legal standards to American
citizens. We will not be intimidated and are ready to defend our 1st
Amendment Rights. If you would like to contribute to this cause, please
make a donation that well help us defer our legal costs.
9. Notwithstanding the combative nature and plainly incorrect and defamatory
statements ofthat email, we again attempted to resolve this matter by requesting assistance from
the website. Plaintiffs response email stated:
Dear Sir or Madam;
Our email was not to threat your organization instead a request to
cooperate with us to guide us through a process in which we could reach
out to the individual who has been harassing and defaming our
companies reputation by posting wrong information on the other
websites. Our company has been in good standing from the day 1 it
started. Again I would really appreciate if you could come out with a
feedback on this issue. Looking forward to hear from you.
10. That individual, under username admin@,endh 1 b.com sent further correspondence
to Plaintiffs again refusing to remove any of the false postings.
11. The same individual who was corresponding with Plaintiffs under username
admin(5),endhlb,com then continued corresponding with Plaintiffs using the email address
mmillere2006(q).vahoo.com. In that correspondence, the individual forwarded an email titled
"Re: Apex of New Jersey Engaging in Extortion," to askconsumeraffairsfSJps.state.nj.us, an

Page 26
email address apparently affiliated with the State of New Jersey, Department of Consumer
Affairs. A true and accurate copy ofthat email is attached to this Certification as Exhibit A.
12. The full text of the postings and this correspondence is attached to this
Certification as Exhibits A and B, respectively.
13. In response, we received another refusal to cooperate which contained threats of a
baseless referral to the USCIS. At that time, we referred this matter to our legal representation,
14. The aforementioned: postings must be stopped immediately since they are
irreparably damaging the company. These postings allege unlawful activity against my company
and 1, which allegations are false, baseless and malicious.
15. As an example, three employment candidates scheduled to begin work for Apex
have declined to take up employment with Apex in the last ten (10) days, citing these postings
and emails as their reason. Additionally, current Apex employees have approached management
and advised that they are concerned about I) whether the statements- contained herein are
truthful; and 2) what effect this will have on the company moving forward. These postings are
causing severe damage to the company and must cease or the business of Apex will be
destroyed.,
I certify that the foregoing statements made by me are true, I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Sarvesh Kumar Dharayan
©ated: December 2,2009

Page 27
CERTIFICATION OF FACSIMILE SIGNATURE
Pursuant to R. l:4-4(c) of the Rules Governing the Courts of the State of New Jersey, I
do hereby certify that the affiant has acknowledged the genuineness of the signature attached to
the certification. I will provide the Court with a copy of this Certification and an original
signature affixed thereto if I am requested to do so by the Court or a party to this action.
HERTEN, BURSTEIN, SHERIDAN,
CEVAácO, BOTTINELLI, LITT & HARZ
Attorneys for Plaintiff
—Eatrick Papalia
Dated: December 2, 2009

Page 28

Page 29
Page 1 of3
Patrick Ascoiese
From: millere2006 millere2006 [mmillere2006@yahoo.com]
Sent: Monday, November 30, 2009 6:03 PM
To: Shawn.Gibson@apextgi.com
Subject: ALIPAC Exposes Truth About Apex
Follow Up Flag: Follow up
Flag Status: Flagged
http://www.alipac.us/ftopicp-987113.html#987113
Oversight of the H-1B labor program is so lax that Indian companies are adding illegal riders to work
contracts that force payment from workers that are against the law:
http://www.desicrunch.com/DisplavReviews.aspx?company=Apex_Technologv_Systems._Inc.
Not so good things About Apex Technology Systems, Inc. :
Title:- Fraud,cheating,lies and legal agreement @ Apex Technology Group Ine www.apextgi.com
This information is being mailed to you as a reply to your post regarding fraud @ Apex Technology
Group Ine (http://www.apextgi.com/). Please find the employment agreement letter
http://www.docstoc.com/docs/10702214/agreement. which I received after I started working for Apex at
a client location. None of the terms were part of the initial agreement between me and Apex Technology
Group Inc. I would like to take this opportunity to highlight several aspect's of the 9 page legal
agreement which might be important for you. For example: 30 day termination notice or forget your last
paycheck when you quit, If you join a company (including any level between you and Apex) then pay
$35000 or face a law suit, $9000 for legahtraining and guest services when you quit. $35000 if you quit
in between a contract...etc. The legalities of the agreement are convoluted,complex and can/will be used
against you if you displease Apex technology Group Inc. So once you sign that document you are at the
mercy of the employer and much worse than a bonded labour in India. Apart from above, employees
don"t receive their salary at the end of the month. It is usually received @ a random date in the
following month, provided you are lucky. Else you would have to chase HR/Accounting to get your pay
check. This process helps Apex technology group ine to hold back pay incase you choose to accept
employment at another location. The most important aspect of your transaction"s with Apex Technology
Group Ine is that they tell you one thing before you transfer your HIB to their consulting firm and then
later do not stick to what they say(aka lies & cheating). In other words once you file/transfer your HIB
to them you more or less become their slave and you will get entangled in thier web of lies and legal
documents. They run the company, they are very unprofessional and treat employees w
[Another website ran the above letter and got this response from an American legal representative of
Apex who wrote in mysteriously bad English.]
htto://endhlb.conVWeb^logs/endhlb/archive/2009/ll/30/threaterling-email-from-indian-bodyshop.aspx
12/2/2009

Page 30
Page 2 of3
We at www.endhlb.com received this email from what appears to be an Indian bodyshop in New Jersey.
They want us to take down a post from Desicrach about the experiences a quest worker had with the
bodyshop, and "provide contact details of the individual who posted this legal agreement." We have not
posted a legal agreement and don't have the contact details of anyone of our contributors. We will also
protect the privacy of any members of our community.
This is clearly an attempt to apply Indian legal standards to American citizens. We will not be
intimidated and are ready to defend our 1st Amendment Rights. If you would like to contribute to this
cause, please make a donation that well help us defer our legal costs.
Dear Sir or Madam;
On 11/23/2009 Apex Technology Group, Inc. came to an attention about your website
www.endhlb.com which provided artificial and untruthful statement to the public which can't even
confirmed by this specific indiduals who claim himself as Mr. Pankaj Jain and is defaming Apex
Technology Group reputation in many other websites which are currently cooperating with our
Attorney. I would like to bring this to you attention that our Attorney has went forward with legal
proceedings against this culprit. As per you if owner is not responsible for the information posted on this
website has full right to remove the article requested by Apex TGI.
I am disappointed because your services didn't check the authenticity of the person who posted our legal
document which has defamed our Apex Technology Group's image and could lead to heavy losses to the
revenue which has reputation and been in the business since 2001. To further minimizing the damage to
Apex Technology Group's reputation I purpose you remove the article linked to your website. I further
request you to provide us the contact details of the individual who posted this legal agreement without
permission since we are the copyright owner of the legal document. We request that you investigate the
substance of our complaint, and provide us with the contact details of the individual in fault, pursuant to
Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or
activity is infringing may be subject to liability, as suggested in your website, if these allegation are
found valid. Please respond to us in writing.
To resolve the problem I would appreciate and require you to take the action to remove the link attached
below:
http://endhlb.comAyeb/blogs/endhlb/archive/2009/ll/19/mdentured-servitude-is-part-of-the-business-
model.aspx
I look forward to hearing from you and to a resolution of this problem. I will wait till 12/04/2009 before
arranging for the matter to be removed from your website by a third party (Company's Attorney) at your
cost or seeking help from Consumer Protection Agency. Please feel free to reach me for any further
inquiries at the contact information below.
Thanks and Regards
Shawn Gibson
HR/Legal Department
12/2/2009

Page 31

Page 32
Page 1 of4
Patrick Ascolese
From: millere2006 millere2006 [mmillere2006@yahoo.com]
Sent: Monday, November 30, 2009 6:37 PM
To: Shawn.Gibson@apextgi.com
Cc: askconsumeraffairs@lps.state.nj.us
Subject: New Jersey Division of Consumer Affairs to hear complaint against Apex
Follow Up Flag: Follow up
Flag Status: Flagged
Re: Apex of New Jersey Engaging in Extortion
Monday, November 30, 2009 6:17 PM
From:
"AskConsumerAffairs AskConsumerAffairs" <AskConsumerAffairs@dca.lps.state.nj .us>
Add sender to Contacts
To:
"millere2006 millere2006" <mmillere2006@yahoo.com>
Dear Consumer,
Thank you for your e-mail to the New .Jersey Division of Consumer Affairs. This is an initial
automated response to your inquiry so please do not respond. Your question will be forwarded to the
appropriate unit here at the Division.
Information about how to file a complaint with the Office of Consumer Protection can be found at:
http://www.state.nj.us/lps/ca/comp.htm
If you want to fill out our complaint form on line, please go to:
http://www.state.nj.us/lps/ca/ocp/ocpform.htm
Once your complaint has been received, it will be subjected to review.
Please call either 1-800-242-5846 or {?73)504-6200 if you would like to speak with a Consumer Service
Center representative.
Licensee Search is available at:
http://www.state.nj.us/cgi-bin/consumeraffairs/search/searchentry.pl
Tips regarding Home Improvements can be found at:
http://www.state.nj.us/lps/ca/brief/improve.pdf
If you would like to be added to the Division's e-mailing list to receive electronically distributed
consumer news and updates, please fill out the form at:
http://www.state.nj.us/lps/ca/mailing/mailist.htm
Thank You
>» millere2006 mi11ere2006 <mmillere2006(g).yahoo.com> 11/30/09 18:12 >»
12/2/2009

Page 33
Page 2 of4
Apex of New Jersey Engaging in Extortion
askconsumeraffairs(S),lps.state.nj.us
Shawn.Gibson(a>,apextgi.com
Oversight of the H-1B labor program is so lax that Indian companies are adding illegal riders to work
contracts that force payment from workers that are against the law:
http://www.desicrunch.com/DisplavReviews.aspx?company=Apex_Technology_Systems,_Inc.
Not so good things About Apex Technology Systems, Inc. :
Title:- Fraud,cheating,lies and legal.agreement @ Apex Technology Group Ine www.apextgi.com
This information is being mailed to you as a reply to your post regarding fraud @ Apex Technology
Group Ine (bJ^//www^pextgixom/). Please find the employment agreement letter
http://www.docstoc.com/docs/10702214/agreement. which I received after I started working for Apex at
a client location. None of the terms were part of the initial agreement between me and Apex Technology
Group Inc. I would like to take this opportunity to highlight several aspect's of the 9 page legal
agreement which might be important for you. For example: 30 day termination notice or forget your last
paycheck when you quit, If you join a company (including any level between you and Apex) then pay
$35000 or face a law suit, $9000 for legal,training and guest services when you quit. $35000 if you quit
in between a contract...etc. The legalities of the agreement are convoluted,complex and can/will be used
against you if you displease Apex technology Group Inc. So once you sign
that document you are at the mercy of the employer and much worse than a bonded labour in India.
Apart from above, employees don"t receive their salary at the end of the month. It is usually received @
a random date in the following month, provided you are lucky. Else you would have to chase
HR/Accounting to get your pay check. This process helps Apex technology group ine to hold back pay
incase you choose to accept employment at another location. The most important aspect of your
transaction"s with Apex Technology Group Ine is that they tell you one thing before you transfer your
HIB to their consulting firm and then later do not stick to what they say(aka lies & cheating). In other
words once you file/transfer your HIB to them you more or less become their slave and you will get
entangled in thier web of lies and legal documents. They run the company, they are very unprofessional
and treat employees w
[Another website ran the above letter and got this response from an American legal representative of
Apex who wrote in mysteriously bad English.]
http://endli1b.com/WebMogs/endlilb/arcMve/2009/ll/30/threatening-email-from-indian-bodvshop.aspx
We at www.endhlb.com received this email from what appears to be an Indian bodyshop in New Jersey.
They want us to take down a post from Desicruch about the experiences a quest worker had with the
bodyshop, and "provide contact details of the individual who posted this legal agreement." We have not
posted a legal agreement and don't have the contact details of anyone of our contributors. We will also
protect the privacy of any members of our community.
12/2/2009

Page 34
Page 3 of4
This is clearly an attempt to apply Indian legal standards to American citizens. We will not be
intimidated and are ready to defend our 1st Amendment Rights. If you would like to contribute to this
cause, please make a donation that well help us defer our legal costs.
Dear Sir or Madam;
On 11/23/2009 Apex Technology Group, Inc. came to an attention about your website
www.endhlb.com which provided artificial and untruthful statement to the public which can't even
confirmed by this specific indiduals who claim himself as Mr. Pankaj Jain and is defaming Apex
Technology Group reputation in many other websites which are currently cooperating with our
Attorney. I would like to bring this to you attention that our Attorney has went forward with legal
proceedings against this culprit As per you if owner is not responsible for the information posted on this
website has full right to remove the article requested by Apex TGI.
I am disappointed because your services didn't check the authenticity of the person who posted our legal
document which has defamed our Apex Technology Group's image and could lead to heavy losses to the
revenue which has reputation and been in the business since 2001. To further minimizing the damage to
Apex Technology Group's reputation I purpose you remove the article linked to your website. I further
request you to provide us the contact details of the individual who posted this legal agreement without
permission since we are the copyright owner of the legal document. We request that you investigate the
substance of our complaint, and provide us with the contact details of the individual in fault, pursuant to
Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or
activity is infringing may be subject to liability, as suggested in your website, if these allegation are
found valid. Please respond to us in
writing.
To resolve the problem I would appreciate and require you to take the action to remove the link attached
below:
http://endhlb.com/WebMogs/endhlb/archive/2009/ll/19/indentured-servitude-is-part-of-the-business-
model.aspx
I look forward to hearing from you and to a resolution of this problem. I will wait till 12/04/2009 before
arranging for the matter to be removed from your website by a third party (Company's Attorney) at your
cost or seeking help from Consumer Protection Agency. Please feel free to reach me for any further
inquiries at the contact information below.
Thanks and Regards
Shawn Gibson
HR/Legal Department
Apex Technology Group Inc.
LPtaaejrJRoaAJSmtefjÇ
Edison, NJ 08817
12/2/2009

Page 35

Page 36
endhlb.com Newsletter
Page 1 of2
Patrick Ascolese
From: admin endhlb [admin@endh1b.com]
Sent: Monday, November 30, 2009 7:06 PM
To: Shawn.Gibson@apextgi.com
Subject: Threatening Email From Indian Bodyshop
Follow Up Flag: Follow up
Flag Status: Flagged
Sign in | Join
"mwwi®n
EndH1b.com Newsletter v 11.0 - Nov 30th, 2009
Threatening Email From Indian Bodyshop
We at www.endhl b.com received this email from what appears to be an Indian bodyshop in New
Jersey. They want us to take down a post from Desicruch, and "provide contact details of the
individual who posted this legal agreement." We have not posted a legal agreement and don't have
the contact details of anyone of our contributors. We will also protect the privacy of any members of
our community.
This is clearly an attempt to apply Indian iegal standards to American citizens. We wil! not be
intimidated and are ready to defend our 1 st Amendment Rights, if you would like to contribute to
this cause, please make a donation that well help us defer our legal costs.
Dear Sir or Madam;
On 11/23/2009 Apex Technology Group, Inc. came to an attention about your website
www, endh 1 b. com which provided artificial and untruthful statement to the public which can't even
confinned by this specific indiduals who claim himself as Mr. Pankaj Jain and is defaming Apex
Technology Group reputation in many other websites which are currently cooperating with our
Attorney. I would like to bring this to you attention that our Attorney has went forward with legal
proceedings against this culprit As per you if owner is not responsible for the infonnation posted
on this websäe has full right to remove the article requested by Apex TGI.
I am disappointed because your services didn't check the authenticity of the person who posted
our legal document which has defamed our Apex Technology Group's image and could lead to
heavy losses to the revenue which has reputation and been in the business since 2001. To
further minimizing the damage to Apex Technology Group's reputation I purpose you remove the
article linked to your website. I further request you to provide us the contact details of the
individual who posted this legal agreement without pemiission since we are the copyright owner
of the legal document. We request that you investigate the substance of our complaint, and
provide us with the contact details of the individual in fault, pursuant to Section 512(f) of the
DMCA, any person who knowingly materially misrepresents that material or activity is infringing
may be subject to liability, as suggested in your website, if these allegation are found valid.
Please respond to us in writing.
To resolve the problem I would appreciate and require you to take the action to remove the link
attached below:
12/2/2009

Page 37
endhlb.com Newsletter Page 2 of 2
http://endh1b.comA4/eb/bloas/endh1b/aœhive/2009/11/19/indentured-ser/itude-is-part-of-the-
business-model, aspx
I look forward to hearing from you and to a resolution of this problem. I will wait till 12/04/2009
before arranging for the matter to be removed from your website by a third party (Company's
Attorney) at your cost or seeking help from Consumer Protection Agency. Please feel free to
reach me for any further inquiries at the contact infonnation below.
Emaü Marketina bv
This message was sent from admin endhlb to Shawn.Gibson@apextgi.com. It was sent from: ^ _.
admin endhlb, P.O. Box 887 , Beverly Hills, CA 90210. You can modify/update your subscription ' /COHtclCt
via the link beiow.
&T ». „ ■-, „ Ö FORWARD TO A. FRIEND
wTo be removed click here '■iP
View this message in the ¡Contact Community: Ï View message *P Comment on this message W Receive as RSS
Share this message with others: ^ del.icio.us tí Digg $r reddît H Facebook # StumbleUpon
12/2/2009

Page 38
endhlb.com Newsletter Page 1 of 3
Patrick Ascolese
From: admin@endh1b.com
Sent: Monday, November 30, 2009 9:19 PM
To: 'Shawn Gibson'
Subject: RE: Threatening Email From Indian Bodyshop
Follow Up Flag: Follow up
Flag Status: Flagged
Ms. Gibson,
i doubt that your name is Shawn Gibson. You sound like an Indian who is trying to intimidate American citizens
exercising their First Amendment rights. We are not in the business of helping exploitative Desi bodyshops
target their H-1B victims for harassment, retribution, or violence.
Since you are not a U.S. citizen, you have no standing and your empty threats will be ignored. We have already
contacted the USCIS to investigate your firm. And this newsletter goes out to thousands of executives in the I.T.
industry and hundreds of media contacts. Be prepared to answer some questions from the feds and the press.
BTW, one of the members of our organization ¡s Business Week writer Steve Hamm and he has received this
newsletter. You may be familiar with him — he wrote this cover story:
America's High-Tech Sweatshops
U.S. companies may be contributing unwittingly to the exploitation of workers imported from ìndia and
elsewhere by tech-services outfits
http://www.businessweek.com/magazine/content/09_41/b4150034732629.htm
Regards,
Admin
www.endhlb.com
From: Shawn Gibson [mailto:shawn.gibson@apextgi.com]
Sent: Monday, November 30, 2009 4:21 PM
To: 'admin endhlb'
Subject: RE: Threatening Email From Indian Bodyshop
Dear Sir or Madam;
Our email was not to threat your organization instead a request to cooperate with us to guide us through a process
in which we could reach out to the individual who has been harassing and defaming our companies reputation by
posting wrong information on the other websites. Our company has been in good standing from the day 1 it
started. Again I would really appreciate if you could come out with a feedback on this issue. Looking forward to
hear from you.
Thanks and Regards
Shawn Gibson
HR/Legal Department
12/2/2009

Page 39
endhl b.com Newsletter Page 2 of 3
Apex Technology Group Inc.
2 Kilmer Road., Suite# C
Edison, NJ 08817
Tel: (732) 572-1800
Direct: (732) 964-1300
Fax: (732) 572-7900
Website: www.apextgi.com
Email: Shawn,Gibson@,apextgi.com
S^ Please consider the environment before printing this email.
"Winner of 2007 NJBIA Awards for Excellence in the Job Creation Category".
"Winner of 2008 & 2007 NJBIZ New Jersey's Finest Award" honoring SO Fastest Growing Companies in NJ".
We respect your Online Privacy. This is not an unsolicited mail. Under Bills. 1618 Title III passed by
the 105th U.S. Congress this mail cannot be considered Spam as long as we include Contact Information
and a method to be removed from our mailing list. If you are not interested in receiving our emails then
please reply with a "REMOVE" in the subject line and mention all the email addresses to be removed
with any email addresses.
From: admin endhlb [mailto:admirKaendhlb.com]
Sent: Monday, November 30, 2009 7:06 PM
To: Shawn.Gibson@apextgi.com
Subject: Threatening Email From Indian Bodyshop
Sjgn in I Join
EndH1b.com Newsletter v 11.0 - Nov 30th, 2009
Threatening Email From Indian Bodyshop
We at www.endhl b.com received this email from what appears to be an Indian bodyshop in New
Jersey. They want us to take down a post from Desicruch, and "provide contact details of the
individual who posted this legal agreement." We have not posted a legal agreement and don't have
the contact details of anyone of our contributors. We will also protect the privacy of any members of
our community.
This is clearly an attempt to apply Indian ¡egal standards to American citizens. We will not be
intimidated and are ready to defend our 1 st Amendment Rights. If you would like to contribute to
this cause, please make a donation that well help us defer our legal costs.
Dear Sir or Madam;
On 11/23/2009 Apex Technology Group, Inc. came to an attention about your website
www,endhlb.com which provided arííñcial and untmthful statement to the public which can't even
confirmed by this specific indiduals who claim himself as Mr. Pankaj Jain and is defaming Apex
Technology Group reputation in many other websites which are currently cooperating with our
Attorney. I would like to bring this to you attention that our Attorney has went forward with legal
proceedings against this culprit. As per you if owner is not responsible for the information posted on
this website has full right to remove the article requested by Apex TGI.
12/2/2009

Page 40
endhlb.com Newsletter Page 3 of 3
/ am disappointed because your services didn't check the authenticity of the person who posted our
legal document which has defamed our Apex Technology Group's image and could lead to heavy
losses to the revenue which has reputation and been in the business since 2001. To further minimizing
the damage to Apex Technology Group's reputation I purpose you remove the article linked to your
website. I further request you to provide us the contact details of the individual who posted this legal
agreement without permission since we are the copyright owner of the legal document. We request
that you investigate the substance of our complaint, and provide us with the contact details of the
individual in fault, pursuant to Section 512(f) of the DMCA, any person who knowingly materially
misrepresents that material or activity is infringing may be subject to liability, as suggested in your
website, if these allegation are found valid. Please respond to us in writing.
To resolve the problem I would appreciate and require you to take the action to remove the link
attached below:
http://endh1b.comAA/eb/blOQs/endh1b/archive/2009/11/19/indentured-sen/itude-is-part-of-'the-business~
model.aspx
I look forward to hearing from you and to a resolution of this problem. I will wait till 12/04/2009 before
arranging for the matter to be removed from your website by a third party (Company's Attorney) at your
cost or seeking help from Consumer Protection Agency. Please feel free to reach me for any further
inquiries at the contact information below.
Email Marketing by
This message was sent from admin endhlb to Shawn.Gibson@apextgI.com. It was sent from: admin (r _
endhlb, P.O. Box 887 , Beverly Hills, CA 90210. You can modify/update your subscription via the link /COfìtaCt
below.
iSK- k , i- . u H FORWARD TO A FRIEND
wTb be removed click here ^r
View this message in the ¡Contact Community: fview message ^Comment on this message ÜReceive as RSS
Share this message with others: M*del.icio.us SDigg $?reddit EFacebook #StumbleUpon
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12/2/2009

Page 41
Fraud at Apex Technology Group Ine - EndHlB.com Blog - End Hl-B Page 1 of 2
Fraud at Apex Technology Group Ine
Fraud@ Apex Technology Group ine
October 30, 2009 by pjainatapextgi
This information is being mailed to you as a reply to your post regarding fraud @ Apex Technology Group Ine (
(www.apextqi.com ) visit http://ripoffatapextqi.bloqspot.com/
Please find the employment agreement letter http://www.docstoc.com/docs/10702214/aqreement , which I re
client location. None of the terms were part of the initial agreement between me and Apex Technology Group II
I would like to take this oppurtunity to highlight several aspect's of the 9 page legal agreement which might be i
termination notice or forget your last paycheck when you quit, If you join a company (including any level betwei
law suit, $9000 for legal.training and guest services when you quit. $35000 if you quit in between a contract...e
The legalities of the agreement are convoluted.abstract and can/will be used against you if you displease Apex
document you are at the mercy of the employer and much worse than a bonded labour in india.
Apart from above, employees don't receive their salary at the end of the month. It is usually received @ a rand
are lucky. Else you would have to chase HR/Accounting to get your pay check. This process helps Apex technt
choose to accept employment at another location.
The most important aspect of your transaction's with Apex Technology Group Ine is that they tell you one thing
consulting firm and then later do not stick to what they say(aka lies & cheating). In other words once you file/tre
become their slave and you will get entangled in thier web of lies and legal documents.
Sarvesh and his wife Chhavi run the company, they are very unprofessional and treat employees with no respe
are doing a favor on them. They do not have any direct client's and their marketing folks in Noida would chase
interviews.
Also some past history about this company:
Apex Technology Group Ine, was started by Alok Kumar Dharayan. At some point Alok inducted his brother Sa
moved out due to some differences but both the brother's play along so that they don't get into trouble.
During the time when Alok was the President of the company, he filed several l-485/Labor's which he was able
green cards. Those employees spread the word by mouth and Apex grew in numbers.However those days are
green card will not come to fruition or will come at a cost of several years of servitude. So please be aware anc
Apex Technology Group Ine was able to quell their x/-employee's voices on www.goolti.com by using legal t
following location http://www.qoolti.com/reviewdetail.php7companv id=195 .Also I thought you would be inte
spammer's on www.qoolti.com , where they initially tried to cover up their deeds You can find more info at th«
http://qoolti.bloqspot.com/2008/07/this-months-biqqest-spammers.html
http://endhlb.com/Web^ogs/endhlb/archive/2009/12/01/fraud-at-apex-technology-group... 12/2/2009

Page 42
Fraud at Apex Technology Group Ine - EndHlB.com Blog - End Hl-B
Page 2 of2
I would like to take this opportunity and ask other fellow victims who are current or were past employees to rep
available @ http://www.dol.gov/esa/whd/forms/fts wh4.htm
Also you need mail the documents to
Pat Reilly
District Director
Southern New Jersey District Office
US Dept. of Labor
ESA Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216 Lawrenceville, NJ 08648
or you can call them ©Phone: (609) 538-8310, 1 -866-4-USWAGE, (1-866-487-9243)
Remember one thing, any inconsistencies with your pay can only be solved by the department of labour, if the
from the time it has been commited.
http://ripoffatapextqi.wordpress.com/
http://www.complaintsblog.com/Company/apex-technology-group-inc-www-apextgi-com.html
Posted 1 Dec 2009 8:45 PM by WBScam
Filed under: h1b, fraud, apex technology group ine
More
Community
server
EXPRESS EDITION
5ftemeter.*ill<
5,426
llttp://endlllb.comAVeb^logs/endhlb/archive/2009/12/01/fraud-at-apex-tecnnology-g^oup... 12/2/2009

Page 43
Apex Technology Group Ine is a H-IB slave trader. - EndHlB.com Blog - End Hl-B
Page 1 of 1
Apex Technology Group Ine is a H-1B slave trader.
" There are several Indian companies operating from United States, like the Apex Technology Group Ine that y<
from non-payment of salary which is illegal by the law of the country and using employee as a tool to pump job
are resumes with unreal names and imaginary characters, these set of people attend job interviews and are ba
the other set of dumb people jobs. These people dont get paid and are considered to be "on-bench" and are gì
refugees of a war would be. Do not get stuck with these companies like Apex Technology Group Inc. If you fine
you are attending interviews that are going no where/ you find something fishy, report to the Immigration / US C
Recession applies to all bodies and no just worker class and labourers."
http://qoolti.bloqspot.com/2008/07/this-months-biqqest-spammers.html
Posted 1 Dec 2009 5:24 AM by HIBScam
Filed under: Mb, slave, apex technology group ine
More
POWERED BY
Community
server '
EXPRESS EDITION
sitemeteMÜli
5,426
http://endhlb.comAVebMogs/endhlb/archive/2009/12/01/apex-technology-group-inc-is-a-... 12/2/2009

Page 44
Threatening Email From Indian Bodyshop - EndHlB.com Blog - End HI -B Page 1 of 5
Threatening Email From Indian Bodyshop
We at www.endh1b.com received this email from what appears to be an Indian bodyshop in New Jersey. The)
about the experiences a quest worker had with the bodyshop, and "provide contact details of the individual wh(
posted a legal agreement and don't have the contact details of anyone of our contributors. We will also prated
community.
This is clearly an attempt to apply Indian legal standards to American citizens. We will not be intimidated and í
Rights. If you would like to contribute to this cause, please make a donation that well help us defer our legal cc
Dear Sir or Madam;
On 11/23/2009 Apex Technology Group, Inc. came to an attention about your website www.endh1b.com
statement to the public which can't even confirmed by this specific indiduals who claim himself as Mr. Pan
Group reputation in many other websites which are currently cooperating with our Attorney. I would like to
has went forward with legal proceedings against this culprit. As per you if owner is not responsible for the
right to remove the article requested by Apex TGI.
I am disappointed because your services didn 't check the authenticity of the person who posted our legal
Technology Group's image and could lead to heavy losses to the revenue which has reputation and been
minimizing the damage to Apex Technology Group's reputation I purpose you remove the article linked to
us the contact details of the individual who posted this legal agreement without permission since we are tl
request that you investigate the substance of our complaint, and provide us with the contact details of the
of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing ma
website, if these allegation are found valid. Please respond to us in writing.
To resolve the problem I would appreciate and require you to take the action to remove the link attached I
http://endh1b.comAVeb/bloos/endh1b/archive/2009/11/19/indentured-servitude-is-part-of-the-business-mc
1 look forward to hearing from you and to. a resolution of this problem. I will wait till 12/04/2009 before arra,
website by a third party (Company's Attorney) at your cost or seeking help from Consumer Protection Age
further inquiries at the contact information below.
Thanks and Regards
Shawn Gibson
HR/Legal Department
Apex Technology Group Inc.
2 Kilmer Road., Suite* C
http://enalilb.comAVeb^logs/endhlb/arcMve/2009/ll/30/1lireatenmg-email-from-indian-b... 12/2/2009

Page 45
More Apex Technology Group Frauds Exposed - EndHlB.com Blog - End Hl-B
Page 1 of 1
More Apex Technology Group Frauds Exposed
"Read ur postings, fst of all let me make it cier to u all that Apex Technology Group Inc. and Apex Technology !
Inc. r not d same one. As posted by Krishna, Apex Technology Systems, Inc. may be a gud co but Apex Techn
Inc., pis 4 god sake don't even dream of joining them. This company is run by a big cheat Sarvesh and one of I
CHAMCHA, Alok. One of my friends applied 4 H1 b thru them last yr. these cheats charged him a huge amount
by giving all sort of temptations. He was told that they have their own projects and own development center. Bi
realized the truth after paying them when they didn't send his docs for appearing before the consulate for inter*
He had to chase them like mad for getting his docs. They don't entertain ur mails if u seek any info. They don't
to ur calls. They always try to hold u responsible for every mistake even committed by them. Especially the so i
president of the company, Sarvesh. Their system is not transparent at all. They don't send u the docs to appea
consulate interview in time. If at all they send, it will be incomplete and supported by fake project report. They c
intentionally because when u appear for d interview with these type of docs, u r caught at the consulate and ur
rejected and this so called president and his CHAMCHA blame you by saying that you were not prepared well ;
perform before the consulate. So now they are not responsible if ur visa gets rejected and they wud not refund
too. Actually this is their modus operandi for making money. So pis. for god sake don't waste ur or ur parents h
earned money by giving it to these cunning people. They r not trust worthy at all - believe me. "
http://web.archiYe.org/web/20080801032709/www.goolti.com/reviewdetail.php?company
Posted 2 Dec 2009 9:28 PM by HIBScam
Filed under: jilb, fraud, slave, apex technology group ine
| More
h POWERED f
¡(immunity
¡server *
'EXPRESS EDITIÜM
sitemrtet.il.ilit
5,615
http://enalilb.coni/Web/blogs/endhlb/archive/2009/12/02/more-apex-technology-group-&... 12/3/2009

Page 46
The Latest Harassment From Apex Tech - EndHlB.com Blog - End Hl-B Page 1 of 5
The Latest Harassment From Apex Tech
The last we heard, Apex's lawyer Patrick Papalla was sending emails to our organization, talking about "false, I
demanding the name of our lawyer and law firm:
Dear Sir/Madam:
Please provide me with the name of your lawyer and law firm. This is a serious matter
defamatory statements you have made as to Apex will not go unaddressed. Any further ur
will further expose you to punitive damages for your intentional and malicious conduct
Patrick Papalia, Esq.
We don't want to waste our money on legal counsel over what is clearly an attempt to intimidate and silence us
with our lawyer. We spoke with our attorney yesterday, and he assures that these threats are bogus.
Thanks to all who made contributions to our cause. We are now prepared to make contact with Apex's clients
they are dealing with. This was our last response to Mr. Papalia:
Mr. Papalia,
Sorry, we are not some exploited visa workers that take your threats seriously. Our organization knows tf
H-1B workers who Apex has sponsored and abused by sending them phony legal threats. And I have evi
India of visa workers who dare to expose the labor violations and visa fraud committed by Apex.
You are complicate in human trafficking and have now encountered an adversary that is more than happy
practices of bodyshops like Apex and predatory law firms like yours.
Be prepared to account for your actions and the actions of your client in the court of public opinion. We hi
Programmer's Guild, WashTech, the Communications Workers Of America, Numbers USA, Bright Future
Together we are talking about tens of thousands of IT. workers that can donate funds and resources to te
You and I both know that there are no "unlawful and disparaging publications" and your case has no meril
comment from another website.
But it is useful for our cause - to expose the high-tech slave trade that you profit from and the bullying tac
displace millions of American tech workers. And we have more information from other victims of Apex, ar
As for your client, you should counsel them not to pick a fight with well-funded groups who are not afraid c
www.endhl b.com. And because of that, our organization is preparing to share this entire dialogue with al
begin our protest, it is highly unlikely these companies will want to do business with a firm engaged in sue
#AIG Insurance
http://encUilb.comAVeb/blogs/endhlb/archive/2009/12/03/the-latest-harassment-&om-apex... 12/3/2009

Page 47
The Latest Harassment From Apex Tech - EndHlB.com Blog - End Hl-B Page 2 of 5
# Ajilon
# All State Insurance
# Alliance Consulting
# Ameriprise Financial
#Avon
#AT&T
# AXA Financial, Inc.
# Bank of America
# Bank of New York
# Barclays Capital
# Blue Cross Blue Shield
# BMW North America
# Brown Brothers Harriman
# Bunge
# Capital One
# Cingular Wireless
# Cognizant Technology Solutions
# Comcast
# Commerce Bank
# Comsys
# CooperVision
# Country Wide Insurance
# Credit Suisse
# Doreen Evans Associates
# Dow Jones
# Eliassen Group
http://enQlilb.comAVeb/blogs/endhlb/archive/2009/12/03/the-latest-harassment-&om-apex... 12/3/2009

Page 48
The Latest Harassment From Apex Tech - EndHlB.com Blog - End Hl-B Page 3 of 5
(feme
#ETS
# Fannie Mae
# Fairleigh Dickinson University
# Fidelity Investments
# Goldman Sachs
# Heinz
# Helios & Matheson
#IBM
# JP Morgan Chase
# Kforce Technology Staffing
# KPMG
# Loews Corporation
# McGraw Hill
# Medco
# Mercer
# Merck
# Merrill Lynch
# MetLife
# Miami Dade County
# Microsoft Corportation
# Modis IT
# Moody's Investors Service
# National Basketball Association
# National City Corporation
# Nationwide Insurance
http://endhlb.comAVeb/blogs/endhlb/archive/2009/12/03/the-latest-harassment-fxom-apex... 12/3/2009

Page 49
The Latest Harassment From Apex Tech - EndHlB.com Blog - End Hl-B Page 4 of 5
# New York Stock Exchange
# Optical Research Associates
# Pfizer, Ine
# Price Waterhouse Coopers
# Sapphire Technologies
# Scanbuy
# Schering Plough
# Siemens Health Services
# State Street
# Sun Microsystems
# Sun Trust Bank
# Tek Systems
# The Hartford
# Thompson Reuters
#UBS
#UNFCU
# United Healthcare
# Verizon Wireless
# Wells Fargo
#WillkieFarr& Gallagher
Regards,
Admin
www.endh1b.com
Posted 3 Dec 2009 2:48 PM by EndHIBAdmin
Filed under: apex technology group ine
http://endhlbxom/Web/blogs/endhlb/archive/2009/12/03/the-latest-harassment-from-apex... 12/3/2009

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