Case 2:12-cv-08333-ODW-JC Document123 Filed 04/18/13 Page1of3 Page ID #:2824

1 || Timothy J. Halloran - 104498 Thomas P. Mazzucco - 139758 2 |} MURPHY, PEARSON, BRADLEY & FEENEY 88 Kearny Street, 10th Floor 3 || San Francisco, CA 94108-5530 Tel: (415) 788-1900 4 || Fax: (415) 393-8087

5 || Specially Appearing for

JOHN STEELE 6 7 g UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 |} INGENUITY 13 LLC, Case No.: CV-12-8333- ODW(JCx) 12 Plaintiff, NOTICE OF JOINDER TO RESPONSE T PUTATIVE JOHN DOE REPLY BRIE 13 Iv. AND ADDITIONAL OBJECTIONS 14 |] JOHN DOE, | . Judge: Hon. Otis D. Wright, II 15 Defendants. Courtroom: 11. Date: ri 2, 2013 16 Time: 10:00 A.M. 17 Complaint Filed: September 27, 2012 Trial Date: None 18 19 Please take notice that John Steele (“Steele”), specially appearing, hereby joins in

20 || the Response to Putative John Doe Reply Brief, filed on behalf of Paul Duffy, Angela

21 || Van Den Hemel, and Prenda Law, Inc (Docket #120).

22 In addition, regarding putative John Doe’s purported documentation from the

23 || Florida Bar (Dkt 117-2, Ex. LL), Steele objects on the grounds that it lacks foundation, 24 || has not been authenticated or certified. FRE 901; FRE 1005; Cambridge Electronics 25 | Corp. v. MGA Electronics, Inc., 227 F.R.D. 313, 327 (C.D. Cal. 2004)(documentary

26 || evidence from related proceeding rejected for lack of authentication when proffered by

27 || person lacking personal knowledge regarding contents of documents or related

28 || proceeding); U.S. v. Dibble, 429 F.2d 598, 602 (9th Cir. 1970)(“A writing is not

ele

NOTICE OF JOINDER TO RESPONSE TO Case No.: CV-12-8333- ODW(JCx)

PUTATIVE JOHN DOE REPLY BRIEF

Case 2:12-cv-08333-ODW-JC Document 123 Filed 04/18/13 Page 2of3 Page ID #:2825

Co Oo NAN BDO Oo He ]H NO

NO NO HN NO KN KR KROQ KROQ Qe ROR Re eee mm ee he OO NAN HN A FS WY NYO KY’ CFO YO Bo SN DR vn HBP WH NO KF OC

authenticated simply by attaching it to an affidavit, even if the writing appears on its face to have originated from some governmental agency and the affiant is a government official. The foundation is laid for receiving a document in evidence by the testimony of a witness with personal knowledge of the facts who attests to the identity and due execution of the document and, where appropriate, its delivery.”). Steele further objects that no exception has been established to the Florida State Bar’s prohibition against use of confidential materials submitted to them. See Florida State Bar Rule 10-8.1. More importantly, even were the Court to consider the purported Florida Bar letter over Steele’s objections, it does not prove Steele has or had an interest in Plaintiffs AF Holdings LLC or Ingenuity 13 LLC, as the letter only states that “Steele maintains an ownership interest in several of Prenda’s larger clients,” but not specifying which clients. Dkt 117-2, pg. 12.

Regarding the email from Prenda attorney Jacques Nazaire, Steele objects on the basis of hearsay, as no proof exists that Steele authorized Nazaire to make the statement, and even an otherwise “non hearsay” statement made by an agent of Prenda may not be used against Steele. See FRE 801(d)(2)(C)(“An out-of-court statement by a person authorized by the party to make a statement concerning the subject may be offered against the party.”)(emphasis added); Cambridge Electronics, supra, 227 F.R.D. at 335. Regardless, the hearsay statement of Nazaire is of no evidentiary value, as it has been disclaimed by Nazaire in a notarized declaration submitted herewith as inconsistent with Nazaire’s understanding, and not based on his personal knowledge. See attached Declaration of Timothy Halloran, Ex. A.

The remainder of Pietz’ proffered exhibits KK through QQ are also objectionable, just as nearly all of the exhibits submitted by Pietz to date are. Specific objections to all previous exhibits submitted by putative John Doe (A-QQ and 1-12)

will be addressed in a separate pleading filed concurrently herewith.

NOTICE OF JOINDER TO RESPONSE TO Case No.: CV-12-8333- ODW(JCx) PUTATIVE JOHN DOE REPLY BRIEF

Case 2:12-cv-08333-ODW-JC Document123 Filed 04/18/13 Page 3o0f3 Page ID #:2826

1 || Dated: April 18, 2013 MURPHY, PEARSON, BRADLEY & FEENEY 2

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By /s/ Timothy J. Halloran Timothy J. Halloran

Attorneys for JOHN STEELE

NOTICE OF JOINDER TO RESPONSE TO Case No.: CV-12-8333- ODW(JCx) PUTATIVE JOHN DOE REPLY BRIEF