se 2:12-cv-08333-ODW-JC Document 175-3 Filed 06/03/13 Page1of3 Page ID #:3308

an E. Pietz En 260629)
EPIETZ LAW FIRM

3770 Highland Avenue, Suite 206

Manhattan Beach, CA 90266

mpietz@pietzlawfirm. com

Telephone: (310) 424-5557

Facsimile : (310) 546-5301

Nicholas Ranallo (SBN 275016)

371 Dogwood Wa

Boulder Creek, CA 95006

nick@ranallolawoffice.com

a one: S31) 703-4011
(831) 533-5073

Attorneys for Putative John Doe in 2:12-cv-08333-ODW-JC
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

INGENUITY 13, LLC, a Limited Case Number: 2:12-cv-08333-ODW-JC
Liability Company Organized Under

the Laws of the Federation of Saint

. ; Case Assigned to:
Kitts and Nevis, 7

District Judge Otis D Wright, II
Plamtff, Discovery Referred to:

Magistrate Judge Jacqueline Chooljian
v.

Case Consolidated with Case Nos.:
2:12-cv-6636; 2:12-cv-6669;
2:12-cv-6662; 2:12-cv-6668

JOHN DOE,

Defendant.

[PROPOSED] ORDER DENYING IN
PART AND CONDITIONALLY
GRANTING IN PART PAUL
DUFFY’S MOTION FOR APPROVAL
OF BOND AND ORDER STAYING
ENFORCEMENT OF MAY 6 AND
MAY 21 ORDERS IMPOSING
SANCTIONS AND PENALTIES

-|-
[PROPOSED] ORDER DENYING IN PART AND CONDITIONALLY GRANTING IN PART PAUL
DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6
AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES

e 2:12-cv-08333-ODW-JC Document 175-3 Filed 06/03/13 Page 2 o0f3 Page ID #:3309

The Court has duly considered Paul Duffy’s Motion for Approval of Bond and
Order Staying Enforcement of May 6 and May 21 Orders Imposing Sanctions and
Penalties (“Bond Motion”) manually-filed May 23, 2013 (ECF No. 170), and the
response thereto filed by the putative John Doe in 12-cv-8333 and his counsel and
hereby ORDERS as follows:

(1) The bond already posted with the Court is conditionally approved as
security for this Court’s Sanctions Order (ECF No. 130) subject to the
following conditions, each of which shall be deemed a part of the bond
itself:

a. The bond shall be payable to and enforceable by “John Doe or The
Pietz Law Firm”

b. The bond is made joint and several and may be executed upon if any
of the parties to the bond fails to reverse the monetary portion of this
Court’s Sanctions Order (ECF No. 130) on appeal as to him or it. In
other words, if the fee award survives as against any party, the bond
may be executed upon even if other parties prevail on appeal.

c. The Prenda parties, as well as the surety, are estopped from arguing
in any Court other than this one that execution on the bond should
be stayed, avoided or otherwise forestalled. This expressly includes
an attempt to circumvent execution of the bond through bankruptcy
proceedings. The only valid reason to prohibit executing on the
instant bond (as amended) should be if all of the Prenda parties
prevail on the monetary portion of all of their appeals, as determined
by this Court.

d. The surety, and each Prenda party relying upon the bond for security
shall execute and acknowledgment recognizing the validity of these

conditions. Any party who fails to execute and file such an
-2-

[PROPOSED] ORDER DENYING IN PART AND CONDITIONALLY GRANTING IN PART PAUL
DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6
AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES

Cc

e 2:12-cv-08333-ODW-JC Document 175-3 Filed 06/03/13 Page 30f3 Page ID #:331L0

acknowledgment on the docket within 7 days shall be deemed in
violation of this Court’s order.

(2) Further, the Prenda parties shall be required to post an additional bond
in the amount of $135,933.66 (which is the $237,583.66 total, minus
the $101,650.00 bond that the Prenda parties other than Mr. Gibbs have
already posted) to cover costs on appeal, which includes attorneys fees
since the underlying case is a copyright case. Azizian v. Federated Dep'

Stores, Inc., 499 F.3d 950, 958 (9th Cir. 2007). The additional bond

shall be subject to all the same conditions as the bond noted above.

Failure to post the additional bond within 14 days shall result in the

imposition of additional sanctions.

Due to the unique circumstances of this action, which include the fact that
underlying order below is a sanctions award for fraudulent conduct and the web of
mysterious offshore entities controlled by the Prenda parties, the above conditions

are necessary to effect justice.
DATED:

Honorable Otis D. Wright, II
United States District Judge

-3-

[PROPOSED] ORDER DENYING IN PART AND CONDITIONALLY GRANTING IN PART PAUL
DUFFY’S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6
AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES