gistfile1.txt

Robert,

Thank you for reaching out. I did in fact receive the correspondence via email dated Dec. 26 2012 to discuss this very issue. I apologize that I have been unable to respond, as I have been out of town on travel for work and personal business for the bulk of January and the early part of this month.

I believe the records you have for me are out-of-date, as I have not received any phone call regarding this issue. For your records, my official contact information that you can reach me at going forward is:

email: james@frymanet.com
phone: 615.973.9847
address: 162 4th Ave. N. #302 Nashville, TN, 37219

With regards to the domain records in question, please see the attached export I did today from the GoDaddy account where these domains were registered. [Ref: OrderHistory_Export_02-11-2013.csv]

All of these accounts were purchased on 8/27/2009, some with a 1 year expiration and some with a 2 year expiration. The bulk of these accounts were moved to the NewAsurion corporate registrar that same day, with the list of domains you referenced in your letter unable to be transferred because those specific registrars did not allow domain transfers.

In the case of many registrars, once the domain is past-due, the domain is released for purchase in the registrar and the whois data associated with the account (which is how you came to find me having ownership of these domains) is released and available for purchase. I suspect that in the case of these same registrars that were unable to be transfers, their ability to manage the ownership is also lacking.

In that sense, as of 8/27/2011 at the latest for all of these accounts, GoDaddy has revoked my ability to manage these domains for lack of funding. [Ref: GoDaddy_Domains_2013_02_11.png]. While these registrars in question may have my contact information associated with the domains related to NewAsurion, I have zero ability and administrative access to perform any actions related to these domains (including, renaming ownership, transferring ownership, etc.) I have even gone so far as to attempt to 'repurchase' these domains, and they are showing as unavailable.

While I certainly wish to assist you in every amicable way, my access to perform any action to relinquish control ended on 8/27/2011. I no longer own these domains. For all intents and purposes, these domains should be available for purchase by the general public (including NewAsurion Corp), but are not due to some limitation on the part of each respective registrar where the domains were originally registered.

I am happy to relinquish control of the GoDaddy account in question in the event NewAsurion wishes to follow-up with GoDaddy directly to seek out how to gain control of these domains, but I am afraid that there is no ability on my part to assist you in transferring ownership for the reasons mentioned above.

Please feel free to contact me via email or phone to further discuss this matter.

V/R
James Fryman






On Feb 5, 2013, at 11:30 AM, Robert McAlhany <Robert.McAlhany@arlaw.com> wrote:


Dear Mr. Fryman,
 
I am writing to follow up on the letter you received on December 26, 2012 from my colleague Edward Playfair.  In that letter, he indicated that he would be in touch regarding the transfer of the domain names you have registered.   We have been unsuccessful in our attempts to reach you by telephone.  Therefore, we write to ask you to respond to this email with the authorization codes to transfer the domains to NEW Asurion Corporation.   As previously mentioned, NEW Asurion is willing to resolve this amicably, but that does require your cooperation.  Please contact me by February 8, 2013.
 
Sincerely,

Robert McAlhany
 
Robert E. McAlhany Jr., Ph.D., J.D.
Adams and Reese LLP
424 Church Street, Suite 2800
Nashville, TN 37219
Main Tel: ++ 1 (615) 259-1450
Main Fax: ++ 1 (615) 259-1470
Direct Tel: ++ 1 (615) 259-1071
Direct E-Fax: ++ 1 (615) 687-1503
E-mail: robert.mcalhany@arlaw.com
www.adamsandreese.com