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2:12-cv-08333-ODW-JC Document 208 Filed 07/09/13 Page1of4 Page ID #:3774

HELLER & EDWARDS

Lawrence E. Heller, Esq. - Bar No. 69770
{heller @hellerandedwards.com

9454 Wilshire Boulevard, Suite 500
BEVERLY HILLS CA 90212-2982

Telephone: +3103 550-8833
Facsimile: (310) 858-6637

Appearing Specially for Morgan E. Pietz and Nicholas Ranallo

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

INGENUITY 13, LLC, a Limited Liabili USDC Case No.: 2:12-cv-08333-ODW-JC
Company Organized Under the Laws of the | [Consolidated with Case Nos. 2:12-cv-6636;
Federation of Saint Kitts and Nevis, 2:12-cv-6669; 2:12-cv-6662; 2:12-cv-6668]

Plaintiff, | DECLARATION OF LAWRENCE E.
HELLER IN SUPPORT OF RESPONSE TO
Vs. JOHN STEELE’S MOTION FOR
RECONSIDERATION OF THE COURT’S
JOHN DOE, ORDER OF JUNE 21, 2013

Defendant. | Date: July 12, 2013
Time: 11:00 a.m.
Courtroom: 11 [ Hon. Otis D. Wright, IT]

I, LAWRENCE E. HELLER, do hereby declare as follows:

l. Tam an attorney at law licensed to practice in the State Of California and admitted
to practice before the Central District of California. I am also a partner in the law firm of Heller
& Edwards, which are attorneys specially appearing for Morgan E. Pietz and Nicholas Ranallo
in response to John Steele’s Motion for Reconsideration of the Court’s June 21 Order in Light
of Pietz’s Recent Admission. I am accordingly familiar with the fact recited hereinbelow and
am available and competent to testify thereto.

2. This declaration is being submitted in support of Morgan Pietz and Nicholas
Ranallo’s Request that this court set an OSC Re: Sanctions ordering John Steele to show why
his conduct in filing this motion is not a violation of Rule 1 1(b) or, in the alternative, to have this

court set a hearing date for Pietz to bring his own motion for sanctions (section IV of

1 LEH Dec re Response.wpd

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:12-cv-08333-ODW-JC Document 208 Filed 07/09/13 Page 2of4 Page ID #:3775

Opposition.

3. The sanctions which will be requested consist of, among other possible sanctions,
my attorney’s fees incurred in opposing the Motion to Vacate as follows. I spent three (3) hours
meeting with my client and reviewing the files in this litigation in order to prepare the Response
to the Motion for Reconsideration; I thereafter spent five (5) hours preparing the Response to
the Motion for Reconsideration and associated pleadings, and IJ anticipate spending an additional
four (4) hours traveling to, and appearing at, the hearing of this motion on July 12, 2013, fora
total of twelve (12) hours. My general hourly charge to my clients, and to Mr. Pietz and Mr.
Ranallo, is $450 per hour, which I believe is well below the standard for practitioners of my
stature and experience in the Southern California community. Mr. Pietz has, and will incur
$5,400.00 defending this baseless and frivolous motion.

3. I have been practicing litigation and trying cases in the state of California in both
federal and state courts, and in various other domestic and foreign jurisdictions, for close to forty
(40) years. Although my practice encompasses virtually all forms of litigation other than
personal injury and family law, my present field of specialty is in intellectual property litigation.
I have handled at least dozens, if not hundreds, of matters in this field. I can supply this court

with more of my bona fides at the hearing for sanctions.
I declare under penalty of perjury under the laws of the state of California that the

foregoing is true and correct.

Executed this 8th day of July 2013 at Beverly Hills, CA 90212.

/s/Lawrence E. Heller
Lawrence E. Heller, Declarant

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Cas@]2:12-cv-08333-ODW-JC Document 208 Filed 07/09/13 Page 3of4 Page ID #:3776

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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
Smpreyed 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 LAWRENCE E. HELLER INSUPPORT OF RESPONSE
TO STEELE’S MOTION FOR RECONSIDERATION OF THE COURT'S
ORDER OF JUNE 21, 2013

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 ATTACHED 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 ee sealed, and with postage thereon fully prepaid, placed for
collection and mailing on this date in the United States Mail at Los geles, California.

o BY PERSONAL SERVICE as follows: I caused such silane te be delivered by
hand to the addressee(s) by essenger 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 for overnight courier service to
the addressee(s).

9 BY CM/ECF NOTICE OF ELECTRONIC FILING as follows: I electronically filed
the document(s) with the Clerk of the Court by using the CM/ECF electronic filing
system. Participants in the case who are registered CM/ECF users will be served by the

M/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.

Oo BY FACSIMILE TRANSMISSION as follows: I transmitted the above document by
facsimile to its intended recipient(s) at the facsimile number indicated above or in the
attached Proof of Service List.

I declare under penalty of perjury under the laws of the State of California that the
oregoing. , true and correct and that this declaration was executed on July 8, 2013, at Beverly
ills, California.

/s/Cora Mayrina

Cora Mayrina

Caselj2:12-cv-08333-ODW-JC Document 208 Filed 07/09/13 Page 4of4 Page ID #:3777

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PROOF OF SERVICE LIST

Ingenuity 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