KLINEDINST PC 777%. FIGUEROA ST., SuITE 2800
Case 2:12-cv-08333-ODW-JC Document 235-2 Filed 08/30/13 Page1lof5 Page ID #:4416
Los ANGELES, CALIFORNIA 90017
Heather L. Rosing, Bar No. 183986 David M. Majchrzak, Bar No. 220860 Philip W. Vineyard, Bar No. 233628 KLINEDINST PC
777 S. Figueroa St., Suite 2800
Los Sy; es, California 90017
(213) 406-11 00/FAX (213) 406-1101 hrosing@klinedinstlaw.com dmajchrzak@klinedinstlaw.com pvineyard@klinedinstlaw.com
Po ee for Respondent PRENDA LAW, INC.
UNITED STATE DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
INGENUITY 13, LLC,, Case No. 2:12-CV-08333-ODW (JCx)
Plaintiff, DECLARATION OF PHILIP W. V. VINEYARD IN SUPPORT OF KLINEDINST PC’S RENEWED | APPLICATION TO WITHDRAW AS JOHN DOE,, COUNSEL
Defendant.
Dept: id
Judge: _ __ Hon. Otis D. Wright Complaint Filed: September 27, 2012 Trial Date: None set
I, Philip W. Vineyard, declare as follows:
L I am over the age of 18 years and a senior associate with the law firm Klinedinst PC, counsel of record for Prenda Law, Inc. (“Prenda”). I am a member in good standing with the California State Bar and admitted to practice in all of the State’s courts, as well as in the federal courts for the Central and Northern Districts of the State of California and the Ninth Circuit Court of Appeals.
2 I have personal knowledge of the following facts and, if called upon as a witness, could competently testify thereto, except as to those matters which are set forth as based upon my information and belief and, as to such matters, lam
l
DECLARATION OF PHILIP W. VINEYARD IN SUPPORT OF KLINEDINST PC’S RENEWED APPLICATION TO WITHDRAW AS COUNSEL
KLINEDINST PC 7/7 S. FIGUEROA ST., SuITE 2800
Los ANGELES, CALIFORNIA 90017
Case 2:12-cv-08333-ODW-JC Document 235-2 Filed 08/30/13 Page 2of5 Page ID #:4417
1 || informed and believe that they are true and correct.
2 3. Our firm was retained on March 7, 2013, by Prenda’s errors and
3 || omissions insurer to specially appear, as relevant here, on behalf of Prenda before 4 || the U.S. District Court for the Central District of the State of California in the matter entitled Ingenuity 13, LLC v. John Doe, assigned case number 2:12-cv- 8333-ODW(JCx) by the Central District. Our and Prenda’s special appearances
SDN
were made pursuant to the district court’s March 5, 2013, order (ECF No. 66),
8 |) which was related to an order to show cause (“OSC”) initially issued against
9 || appellant Brett Gibbs on February 7, 2013 (ECF No. 48). The final and other 10 || intermediate orders from those proceedings are the subject matter of Prenda’s 11 || pending appeals before the Ninth Circuit Court of Appeals. 12 4. Relevant to the instant Application, we were retained and agreed to 13 || specially appear on behalf of Prenda solely through the order to show cause 14 || proceedings. Prenda and its sole shareholder, Paul Duffy, were aware of and 15 || agreed to this limited scope of representation, and throughout the representation, 16 || we reminded Prenda, through Duffy, about the limited scope of our representation. 17 || As part of our duties, we agreed to communicate any necessary information to any 18 || subsequent counsel after the conclusion of the OSC proceedings. i? o: On May 6, 2013, the district court served through the ECF system an 20 || Order Issuing Sanctions against, among others, Prenda. To my belief, the order 21 |! concluded the OSC proceedings. Thereafter, I prepared and filed Klinedinst’s 22 || application to be relieved as counsel. That application, as it applied to Prenda, was 23 || denied by the district court on May 17, 2013 (ECF No. 147). On May 24, 2013, I 24 || filed a motion in the Court of Appeals requesting its motion panel to reverse the 25 || district court’s denial of Klinedinst’s application to withdraw (Dkt. Entry 5-1). 26 || That request was denied on June 19, 2013 (Dkt. Entry 13). 27 6. Prenda’s errors and omissions insurer, which was paying for Prenda’s
28 |) defense through the OSC proceedings, informed us that it was discontinuing, and
2
DECLARATION OF PHILIP W. VINEYARD IN SUPPORT OF KLINEDINST PC’S RENEWED APPLICATION TO WITHDRAW AS COUNSEL
KLINEDINST PC 777 S. FIGUEROA ST., Suite 2800
Los ANGELES, CALIFORNIA 90017
Case 2:12-cv-08333-ODW-JC Document 235-2 Filed 08/30/13 Page 3o0f5 Page ID #:4418
1 || in fact did discontinue, payment of our invoices shortly after the conclusion of the 2 || OSC proceedings. The last day of work performed pursuant to the agreement with 3 || the insurer was June 25, 2013. + 7. On June 25, 2013, I e-mailed Paul Duffy of Prenda to inform him that 5 || the firm would require an executed retention agreement and payment of a retainer 6 || for the continued representation of Prenda. I attached a copy of the retention 7 || agreement to the e-mail and instructed Mr. Duffy that a failure to execute the 8 || agreement or to pay this firm’s fees and costs would in all likelihood result in this 9 || firm filing a motion to withdraw as counsel. 10 8. I and Heather Rosing, the partner assigned to this matter, requested on 11 || multiple occasions in the time period June 25, 2013, through August 7, 2013, that 12 || Prenda execute the firm’s retention agreement, pay the required retainer, and pay 13 || past-due invoices generated through Klinedinst’s representation of Prenda. As of 14 || August 26, 2013, none of these tasks were commenced or completed by Prenda. 15 7 Since Prenda’s errors and omissions insurer stopped funding Prenda’s 16 || representation, Klinedinst has issued two invoices to Prenda. Those invoices 17 || collectively total $14,766.80 in fees and costs incurred in the month of June and 18 || July 2013. In addition, Klinedinst has incurred an estimated additional $2,200 in 19 || fees and costs for the first two weeks of August. 20 10. I learned on August 1, 2013, that Prenda was the subject of a 21 || voluntary dissolution in Illinois. I confirmed this fact by accessing and conducting 22 || a business entity search on the website for the Secretary of State for the State of 23 || [Hlinois. 24 11. Limmediately conducted the legal research necessary to determine 25 || whether Prenda could continue its appeal of the district court’s underlying OSC 26 || and appellate bonding orders. Upon satisfying myself that Prenda could maintain 27 || its appeal before the Ninth Circuit Court of Appeals, I prepared and had filed 28 || notices of Prenda’s dissolution in the appellate and district courts (Dkt. Entry 17-1,
3
DECLARATION OF PHILIP W. VINEYARD IN SUPPORT OF KLINEDINST PC’S RENEWED APPLICATION TO WITHDRAW AS COUNSEL
KLINEDINST PC 777 S. FIGUEROA ST., SUITE 2800
Case 2:12-cv-08333-ODW-JC Document 235-2 Filed 08/30/13 Page 4of5 Page ID #:4419
| || ECF No. 234). In those notices, I provided the legal authorities protecting
bh
Prenda’s right to a continued appeal.
3 12. On August 7, 2013, I e-mailed Paul Duffy and informed him that if
4 || Prenda did not by August 9, 2013, execute Klinedinst’s retention agreement and
5 || pay the required retainer and all past-due invoices for services rendered and costs incurred, Klinedinst would renew its requests with the appellate and district courts to withdraw as counsel.
13. In accordance with my professional and statutory duties, I disclosed in
oOo C&O ws BH
my August 7, 2013, e-mail to Duffy multiple ramifications of an order granting 10 |) Klinedinst’s renewed request to withdraw as counsel, as well as the preclusion on 11 || Prenda appearing pro se in these proceedings. Many of the disclosures mirrored 12 || those provided to Prenda just before Klinedinst’s initial attempt to withdraw as
13 |) counsel.
14 14. On August 16, 2013, I met and conferred via e-mail with all parties to
Los ANGELES, CALIFORNIA 90017
15 || the consolidated appeals and/or their counsel of record. In that e-mail, I disclosed
16 || the substance of Klinedinst’s renewed application to withdraw as Prenda’s counsel 17 || and asked for notice of any opposition to the application.
18 15. As of August 26, 2013, I have received no notice of opposition to
19 || Klinedinst’s renewed application. On August 21, 2013, via e-mail, Morgan Pietz,
20 || counsel for the putative John Doe, expressly noticed his client’s non-opposition to
21 |} the application.
23 I declare under penalty of perjury under the laws of the United States of
24 |; America that the foregoing is true and correct.
25 |} /// 26 || /// 27 |) //I 28 |} ///
4
DECLARATION OF PHILIP W. VINEYARD IN SUPPORT OF KLINEDINST PC’S RENEWED APPLICATION TO WITHDRAW AS COUNSEL
KLINEDINST PC 777 S. FIGUEROA ST., SUITE 2800
Case 2:]/2-cv-08333-ODW-JC Document 235-2 Filed 08/30/13 Page5of5 Page ID #:4420
l Executed the 30th day of August, 2013, at Los Angeles, California.
a /s/Philip W. Vineyard Philip W. Vineyard
Los ANGELES, CALIFORNIA 90017
5 DECLARATION OF PHILIP W. VINEYARD IN SUPPORT OF KLINEDINST PC’S RENEWED APPLICATION TO WITHDRAW AS COUNSEL