aon Be # s -_ aN ; * , Case 2:1IP-cv-08333-ODW-JC nosh AL. 05/23/13 Phge 1of9 Page ID #:3256

1 || Paul Duffy

9 ||2 N. LaSalle St., 13th Floor Chicago, IL 60602

3 || Telephone: (312) 952-6136

4 || In Propria Persona

5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 CENTRAL DISTRICT OF CALIFORNIA 8 || INGENUITY13 LLC, Case No. 2:12-ev-08333-ODW(JCx) 9 Plaintiff, PAUL DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER |. _ v. STAYING ENFORCEMENT OF MAY 6 AND MAY 21 ORDERS 1 IMPOSING SANCTIONS AND PENALTIES : 12 || JOHN DOE, | cans Date: June 24, 2013 | SB Time: 1:30 p.m. Defendant. oe 14 Judge: Hon. Otis D. Wright, I Magistrate Judge: Hon. Jacqueline 15 Chooljian i 16 , 17. 18 ‘i Pursuant to Rule 62(d) of the Federal Rules of Civil Procedure, movant Paul | 20 || Duffy (“Duffy”) respectfully requests that the Court approve the supersedeas bond, | a which was posted with the District Court on May 22, 2013,' and thereby stay 22 34 enforcement of the May 6, 2013, and the May 21, 2013, Orders imposing monetary |: 24 ||sanctions and penalties. The May 6, 2013, sanctions award (Dkt. 130) was in the

amount of $81,319.72. In its May 21, 2013, Order assessing further penalties and

97 ||! A true and correct and conformed copy of which is attached hereto-as Exhibit A. 1

: 28 PAUL DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES

ee .

Case 2:1 -cv-08333-ODW-JC Document 170 Filed 05/23/13 _— 20f9 Page ID #:3257

denying Prenda Law, Inc.’s Application for a Stay of the Proceedings (Dkt. 164), the Court indicated that it would approve a supersedeas bond in the amount of the May 6, 2013, sanctions order.? Movant attempted to meet and confer with opposing counsel Morgan Pietz on the type and amount of the bond.’ A compromise could not be reached, but this Court’s May 21, 2013, Order thereafter delineated the requirements for a supersedeas bond. The moving party believes that the bond posted with the Court on May 22, 2013, satisfies the requirements of the Court’s May 21 Order, and that the amount will cover both the Court’s original May 6, 2013, sanctions order and the imposition of penalties in the May 21, 2013, Order. See Exhibit A.

Duffy respectfully requests that the Court approve the supersedeas bond and grant the requested stay of enforcement of the May 6 and May 21 Orders. Under Ninth Circuit law, the purpose of a supersedeas bond is to secure an appellee from a loss that may result from the stay. Rachel v. Banana Republic, Inc., 831 F.2d 1503, 1505 n.1 (Oth Cir. 1987). The posting of a Bond protects the prevailing party from the ~ risk of a later uncollectible judgment and compensates for delay in the entry of the final judgment. NLRB v. Westphal, 859 F.2d 818, 819 (9th Cir. 1988).

Duffy believes the form and bond of surety to be acceptable to the Clerk’s

office because (1) the surety, SureTec Insurance Company, is approved by the United

* The principal amount of the bond posted is $101,650.00. The overage amount is intended to cover the additional sanctions imposed by the Court in its May 21, 2013 order. Because the sanctions calculation was subject to different interpretations, the bond, out of an abundance of caution was in the amount of 125% of the original sanctions award. 2 PAUL DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES

i) J -cv-08333-ODW-JC Document170 Filed 05/23/13 Page 3o0f9 Page ID #:3258

States Department of the Treasury, Bureau of Financial Management (see https://www .federalregister.gov/articles/2012/07/02/2012-15800/companies-holding- certificates-of-authority-as-acceptable-sureties-on-federal-bonds-and-as,

“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” U.S. Department of the Treasury, July 2, 2012); and (2) the agent of the surety resides in the District and has executed the bond as attorney-in-fact. (See Exhibit A.) The bond thus provides the appellee with protection while Duffy pursues his right to appellate review. The undersigned therefore respectfully requests that the Court approve the bond and issue an order staying the enforcement of the May 6, 2013, and May 21, 2013, Orders imposing sanctions and penalties upon Duffy.

For the foregoing reasons, Duffy resbond Motionpectfully requests that this Court grant this Motion and approve the supersedeas bond posted with the Court on May 22, 2013, and stay enforcement of the Court’s orders imposing sanctions and penalties pursuant to Rule 62(d) of the Federal Rules of Civil Procedure.

Gli bby

2N. LaSalle St., 13th Floor Chicago, IL 60602

Telephone: (312) 952-6136 In Propria Persona

DATED: May 23, 2013 By

3 PAUL DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES

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Case 2:12-cv-08333-ODW-JC Document 170. Filed 05/23/13 Page 4of9 Page ID #:3259

SureTec Insurance Company

THE UNITED STATE DISTRICT COURT, CENTRAL __ DISTRICT.OF CALIFORNIA

INGENUITY 13 LLC, Plaintiff,

v, No, lit 2-cv-9333-ODWUCx)

JOHN DOE, Defendant.

COP

Ingenuity 13 LLC, John Steele, Paul Hansmeiec, Paul Duffy, AF Holdings LLC & Prenda Law Inc. dgcire(s) Bish aeaabe a ic ttt a2 ea na i cee SR Eee a :

UNDERTAKING FOR

Appeal

et Ne Net Ne ee et et eet ee et

WHEREAS, the above named to give undertaking for Supersedeas

“as provided by section 917.1 of _ California Code of Civil Procedure and as provided by applicable

Sti ncn creer

rules of the Federal Rules of Civil Procedure.

NOW, THEREFORE, the ae surety, does hereby eee itself, jointly and severally to John Doe _ eee

under sald statutory obligations i in the sum of _One Hundred and One Thousand, Six HHundeed and Fifty and NO/100 'g--:----renrt Dollars (g 101,650.00 i

IT [§ FURTHER AGREED by the Surety, that in case of default or-contumacy on the part of the Surety, the Court may, upon

notice to it of not less than ten days, proceed summarily and render judgment against it in accordance with their obligation

and award execution thereon.

Signed, sealed and dated this *° 16th _day of May _ 2013 SONGNG:... eereee . premium: $1017.00

) forney-in-fact

eterna ET amrerean

SureToc Insurance Company 3033 Sih Avo. Ste 300 _ San Diego, GA 92103

mY a , Case 2:12-cv-08333-ODW-JC Document 170 Filed 05/23/13 Page 5o0f9 Page ID #:3260

CALIFORNIA ALL-PURPOSE AC

BOER O ROE CECE CIEE OE CECE WCE CE CROCE CECE

State of California a . , ( } O PY’

County of / tS Ange les z ets / 4 i ‘ val 2/13 8, \ lonnrkto Litoun Or f on ate petole a Here insert Nai As Title of iter gees sonall Tustin Bur naucn4iu ce personally appeared _ : aati i

KNOWLEDGMENT

who proved fo me on the basis of satisiactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalt of which the person(s) acted; executed the instrument.

| certify under PENALTY OF PERJURY under the laws

26, 2017 ee. of the State of California that the foregoing paragraph is

true and correet

WITNESS miy hand and official yy,

Place Notary Sea} Above di Netary Public

: Though the information below Is not required by faw, it may prove valuable to persons relying on the document | and could praveal fraudulent removal and reattachment of this form to another document.

Description of Attached Document |

[ , Title or Type of Document: I # |

Document Dats: Number of Pages:

Signer(s) Other Than Named Above:

Canacity(les) Claimed by Signer(s)

| | : i Signer's Name: Signer's Name:

+ —a

1 ladividual C1 Individual . Corporate Officer — Title(s): or (Corporate Officer — Titla(s):

~ © Partner Limited (2 General | C1 Attorney in Fact

1 Partner ~(1 Limited 0 General 7 Atiorney in Fact

Trustee C1 Trustee (4) Guardian or Conservator 2 Guardian or Conservator 4 Other: C} Other:

Signer Is Representing: _.___——— Signer Is Representing:

2007 National Notary Aséeciaiion + 9350 De Sato Ave., PO. Box 2402 »Chatsworth,CA 91919-2402 « wavw.MafonaiNalary.crg item #8807 Reorder;Call Toll-Free |-800-876-6827

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: — 2:12-cv-08333-ODW-JC Document 170 Filed 05/23/13 Page 6o0f9 Page ID #:3261

poa #510376

~SureTec Insurance Company” | LIMUITED POWER OF ATTORNEY 2 —

Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the “Company”), a corporation duly organized and

existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents

make, coustitute and appoint F ae } PP Jennifer Wayne, Will Mingram, Ryan Tash, Kevin J. Phillips, Alfonso Lujan, .Sylvia Diane Caneva, John D, Strong, Oscar Zachary Gallegos, Justin Buenaventura

its true and lawful Altorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the

"conditions of contracts and consents-of surety for: : Five Million and 00/100 Dollars ($5,000,000.00)

and to bind the Company thereby as fully and to the same extent ag if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises, Said appointment shall continue in force until 12/31/2015 and ig made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: ; . Attorney-in-Fact may be given full power and authority for and in the name of and.of behaif of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's Hability thereunder, and any such instruments s0 executed by any such }--.- Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be ii Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate. relating thereto by facsimile, and any power of attormey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April,

1999.)

"In Witness Whereaf, SURETEC INSURANCE COMPANY has caused these presents to be signed by ifs President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013.

gat gy,

SURETEC INSURANCE COMPANY

LOE { of Vg ee By: ta tu }Ey John Kxiox Jr. : - Stateof Texas. . 88! a 7 ¥ ; County of Harris meat as erage : : On this 21st day of March, A.D. 2013 before me personally came John Knox Jr,, to me known, who, being by-me duly sworn, did depose and say, that he

resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the

Board of Directors of said Company; and that he signed his name thereto by like order. | Gif JACQUELYN MALDONADO | y With ® Notary Publla E /y . Bak hy State of Texas. E L i Saxe” My Comm. Exp. 5/18/2017 f Jacqlielyn Maidonado, Notary Public

; My commission expires May 18, 2017

1, M, Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set

out in the Power of Attorney are in full force and effect,

Given under my hand and the seal of said Company at Houston, Texas this b h day of Mpos , Lol 4, AD.

. Brex

t Beaty, Assistant Secretary

Any instrument tssued In excess of the penalty stated above is totally void and without any validity. . For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.

Case 9:13-04-08333-0DW:3¢ Document 170 Filed 05/23/13 Page 7of9 Page ID #:3262

f \ ee \ Case 2:11-cv-08333-ODW-JC Document 170 Filed 05/23/13 Page 8 of9 Page ID #:3263

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

INGENUITY 13 LLC, CASE NO. 2:12-CV-8333-ODW (JCx)

3 Plaintiff, 6 v. Judge: Hon. Otis D. Wright, I Magistrate Judge: Hon. Jacqueline 7 ||TOHN DOE, Chooljian 8 Defendant.

CERTIFICATE OF SERVICE

10 [TT IS HEREBY CERTIFIED THAT: I, the undersigned, am a citizen of the United States and am at least eighteen

1] |) years of age. My business address is 2 N. LaSalle Street, Chicago, IL 60602. I have iP caused service of:

PAUL DUFFY’S NOTICE OF MOTION AND MOTION FOR APPROVAL OF 13 || BOND AND ORDER STAYING ENFORCEMENT OF MAY 6, 2013 ‘a MAY 21, 2013, ORDERS IMPOSING SANCTIONS AND PENALTIES

On the aoa parties by ear a copy of the foregoing document to each of the

15 || parties and third-parties identified below via first class U.S. Mail, postage prepaid. 16 17 ||| Brett L. Gibbs Brett.gibbs@gmail.com

28 Altamont Ave. Specially Appearing in Pro Per 18 ||) Mill Valley, CA 94941 | 19

Prenda Law, Inc. Klinedinst PC 20 |] 161 N. Clark St., Suite 3200 501 West Broadway, Suite 600 21 ||| Chicago, IL 60601 San Diego, California 92101 3 800.380.0840 Telephone: (619) 239-8131 23 ||| Paul Duffy Pro Se

—|j[ 2 N. La Salle St., 13th Floor

24 ||! Chicago, IL 60602

312.952.6136 26 |! John Steele 27

PAUL DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES

* -_ —* , Case 2:1f-cv-08333-ODW-JC Document 170 Filed 05/23/13 Page 9of9 Page ID #:3264

1 |/| 1111 Lincoln Rd., Suite 400 > ||| Miami Beach, FL 33139 708.689.8131

4 ||| Angela Van Den Hemel Pro Se c/o Prenda Law, Inc.

> ||| 161 N. Clark St., Suite 3200

6 ||| Chicago, IL 60601

800.380.0840

g ||| Non-Party Steele Hansmeier PLLC Company formally dissolved in 2011

Non-Party 6881 Forensics, LLC 10 ||| Springates East Government Road Charlestown, Nevis

12 re Plaintiff Ingenuity13, LLC and Brett L. Gibbs, Esq. (SBN 251000) related-case plaintiff AF Holdings, LLC | Of Counsel to Prenda Law Inc.

14 38 Miller Avenue, Suite 263 Mill Valley, CA 94941

e 415-325-5900

16 blgibbs@wefightpiracy.com

us Non-Party Putative John Doe Morgan Pietz

18 The Pietz Law Firm.

‘6 3770 Highland Ave., Ste. 206 Manhattan Beach, CA 90266

20 Telephone: (310) 424-5557

21 :

2 I declare under penalty of perjury that the foregoing is true and correct.

73 Executed on May 23, 2013.

al VT

ignature

28 PAUL DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES