Case
Telephone: Facsimile:
HELLER & EDWARDS Lawrence E. Heller, Esq. - Bar No. 69770
lheller@hellerandedwards.com 9454 Wilshire Boulevard, Suite 500 BEVERLY HILLS CA 90212-2982 (310) 550-8833
(310) 858-6637
:12-cv-08333-ODW-JC Document 207-1 Filed 07/08/13 Page 1of4 Page ID #:3718
Specially Appearing for Morgan E. Pietz and Nicholas Ranallo
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
INGENUITY 13, LLC, a Limited Liability
Company Organized Under the Laws of the
Federation of Saint Kitts and Nevis, Plaintiff,
VS.
USDC Case No.: 2:12-cv-08333-ODW-JC [Consolidated with Case Nos. 2:12-cv-6636; 2:12-cv-6669; 2:12-cv-6662:; 2:12-cv-6668]
DECLARATION OF MORGAN PIETZ IN SUPPORT OF OPPOSITION TO MOTION FOR RECONSIDERATION OF THE
COURT'S JUNE 21 ORDER
DATE: en 12, 2013 TIME: 11:00 a.m. Courtroom: 11 [The Honorable Otis D. Wright
JOHN DOE,
Defendant.
I, Morgan E. Pietz am over the age of 18, have personal knowledge of the facts alleged herein, and hereby declare as follows:
1, I am a member in good standing of the State Bar of California, duly admitted to the practice of law in the state and federal courts of the State of California.
A, I represent the ISP subscriber who was targeted by Prenda Law, Inc. as the supposed John Doe defendant in Ingenuity 13, LLC v. John Doe, C.D. Cal. No. 12-cv-8333. I have also represented other clients similarly threatened by Prenda in other lawsuits in other jurisdictions.
3. Attached hereto as Exhibit | is a true and correct copy of the email I sent to John Steele on June 23, 2013, and the bounce-back I received immediately thereafter from gmail. I
have sometimes sent emails to John Steele at johnlsteele@gmail.com which did not
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bounce-back. I believe that the June 23rd email I sent to that address was the first email I sent him to that address which did bounce back.
4, Attached hereto as Exhibit 2 is a true and correct copy of an email thread between Philip Vineyard and the other parties in this case, where Mr. Vineyard circulates a motion regarding the bond issue, and on which John Steele provides comments on Vineyard's bond motion, via the johnlsteele@gmail.com email address.
5, Attached hereto as Exhibit 3 is the so-called "pre-execution" version of Mr. Vineyards motion, which he circulated via email (Exhibit 2), and which John Steele apparently reviewed and about which he apparently provided comments.
6. As a member of the California Bar I take motions which request non-discovery sanctions very seriously. I accordingly felt the need to retain outside counsel to assess the present
motion and to represent me in defending the motion, which | believe was wholly necessary. I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed the 8th day of July, 2013 at Manhattan Beach, California
/s/Morgan E. Pietz Morgan Pietz, declarant
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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I declare that I am over the age of eighteen (18) years and not a party to this action. My business address is 9454 Wilshire Boulevard, Fifth Floor, Beverly Hills, California, and I am employer in the office of a member of the bar of this Court at whose direction this service was made.
On July 8, 2013, I served the foregoing document described as
DECLARATION OF MORGAN E. PIETZ INSUPPORT OF RESPONSE TO . p pry MOTION FOR RECONSIDERATION OF THE COURT’S JUNE
on all interested parties in this action by placing a true and correct copy of the document in a sealed envelope addressed as follows:
SEE PROOF OF SERVICE LIST
B BY MAIL as follows: I am “readily familiar” with the firm’s practice of collection and processing of correspondence for mailing with the United States Postal Service. I know that the correspondence was deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that the envelope(s) was ere) sealed, and with postage thereon fully prepaid, placed for collection and mailing on this date in the United States Mail at Los Angeles, California.
o BY PERSONAL SERVICE as follows: I caused such envelope(s) to be delivered by hand to the addressee(s) by Messenger Service. Delivery was made to the attorney or at the attorney’s office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening.
a BY OVERNIGHT COURIER SERVICE as follows: I caused the above-referenced document to be delivered to Federal Express for overnight courier service to the addressee(s).
a BY ELECTRONIC MAIL (email) as follows: I electronically filed the document(s) with the Clerk of the Court by using Ue CM/ECF electronic filing system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules.
I declare under Apo of perjury under the laws of the United States that the cgreolie . ae and correct and that this declaration was executed on July 8, 2013, at Beverly Hills, alifornia.
/s/Cora Mayrina
Cora Mayrina
Case 4f12-cv-08333-ODW-JC Document 207-1 Filed 07/08/13 Page 4of4 Page ID #:3721
PROOF OF SERVICE LIST
tsa 13, LLC v. John Doe ; USDC Case No.: 2:12-cv-08333-ODW-JC [Consolidated with Case Nos. 2:12-cv-6636; 2:12-cv-6669; 2: 12-cv-6662; 2:12-cv-6668]
John Steele, Pro Se
1111 Lincoln Road Via Federal Express and email to “johnsteele@gmaile.com MIAMI BEACH FL 33139
Via U.S. MAIL and email (where available)
Brett L. Gibbs, Esq., Pro Se 28 Altamont Avenue
Mill Valley, CA 94941 (415) 381-3104 brett.gibbs@gmail.com
Paul Hansmeier, Pro Se Alpha Law Firm LLC
80 S. 8th Street, Suite 900 Minneapolis, MN 55402 (612) 234-5744 prhansmeier@thefirm.com
Paul Duffy, Pro Se
2 N. LaSalle Street, 13th Floor Chicago, IL 60602 312-952-6136
Fax: 312-346-8434 paduffy@wefightpiracy.com
Pro se and for Ingenuity 13, LLC and for AF Holdings, LLC
Mark Lutz, Pro Se
Peter Hansmeier, Pro Se
c/o Livewire Holdings, LLC 2100 M Street Northwest Suite 170-417
Washington, D.C. 20037
Angela Van Den Hemel, Pro Se PRENDA LAW INC.
161 North Clark Street, Suite 3200 Chicago, IL 60601
Peter Hansmeier
c/o Livewire Holdings, LLC
2100 Street Northwest, Suite 170-417 Washington DC 20037
By ECF Electronic Notice:
Prenda Law, Inc., through counsel Heather Rosing, Esq., and Philip Vineyard, Esq. Putative John Doe, through counsel Morgan Pietz, Esq., and Nicholas Ranallo, Esq. Morgan Pietz and Nicholas Ranallo, through special counsel Lawrence Heller, Esq