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ANDREW J. WAXLER, SBN 113682
WON M. PARK, SBN 194333

WAXLER@CARNER@BRODSKY LLP
1960 East Grand Avenue, Suite 1210
El Segundo, California 90245
Telephone: (310) 416-1300
Facsimile: (310) 416-1310
e-mail: awaxler(@wcb-law.com
e-mail: wpark(@web-law.com
Specially Appearing for Respondent
BRETT L. GIBBS
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
INGENUITY 13 LLC, Case No. 2:12-CV-8333-ODW (JCx)
Consolidated with Case Nos.:
Plaintiff, :12-cv-6636; 2:12-cv-6669; 2:12-cv-
6662; 2:12-cv-6668]
Vs.
[Assigned to Judge Otis D. Wright, II ]
JOHN DOE,
DECLARATION OF BRETT L.
Defendant. GIBBS IN RESPONSE TO THE
COURT?’S FEBRUARY 27, 2013
ORDER
[Complaint Filed: September 27, 2012]
Date: March 11, 2013
Time: 1:30 p.m.
Dept: 11
Trial date: None set
DECLARATION OF BRETT L. GIBBS
I, Brett L. Gibbs, declare and state as follows:
1. I am an attorney at law duly licensed to practice before all of the courts
in the State of California and the United States District Court for the Central District

of California. I was “Of Counsel” to Prenda Law, Inc., counsel of record for
Plaintiffs AF Holdings, LLC (“AF Holdings”) and Ingenuity 13, LLC (“Ingenuity”)
in the actions entitled AF Holdings, Inc. v. Doe, United States District Court for the
Central District of California Case No. 2:12-cv-6636-ODW(JCx) (“Case No.

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6636”), AF Holdings, Inc. v. Doe, United States District Court for the Central
District of California Case No. 2:12-cv-6669-ODW(JCx) (“Case No. 6669”),
Ingenuity 13 LLC v. Doe, United States District Court for the Central District of
California Case No. 2:12-cv-6662-ODW(JCx) (“Case No. 6662”), Ingenuity 13 LLC
v. Doe, United States District Court for the Central District of California Case No.
2:12-cv-6668-OD W(JCx) (“Case No. 6668”) and Jngenuity 13 LLC v. Doe, United
States District Court for the Central District of California Case No. 2:12-cv-8333-
ODW(JCx) (“Case No. 8333” and collectively the “Copyright Litigations”). I have
personal knowledge of the facts set forth below, other than those facts that are
identified as stated on information and belief which I also believe to be true, and I
could and would competently testify to them if called upon to do so.

2, I make this declaration in response to the Court’s February 27, 2013
Order.

ey In my Response and Declaration to the Court’s February 7, 2013 Order
to Show Cause, I referred to “senior members” of the law firms that employed me in
an “Of Counsel” relationship. By “senior members” of the law firms, I was not
referring to those persons who may have an ownership interest in the law firms, but
rather those attorneys who I was informed communicated with the clients, oversaw
the litigations on behalf of the law firm’s clients, and provided me with instructions
and guidelines, which I was informed, originated from the clients. I reported to
those senior members.

4. On March 14, 2011, I was contacted and hired by Steele Hansmeier
PLLC (hereinafter “S&H”) in an “Of Counsel” relationship. During my time with
S&H, John Steele and Paul Hansmeier were the attorneys who informed me that
they communicated with S&H’s clients, oversaw the litigations on behalf of those
clients, and provided me with instructions and guidelines, which I was informed,

originated from the clients. I reported to Mr. Steele and Mr. Hansmeier.

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5. In or around November 2011, I was informed that S&H, and its book of
business, had been sold to a Chicago firm, Prenda Law, Inc. (“Prenda”). It is my
understanding that the sole principal of Prenda is Paul Duffy. Mr. Duffy’s business
address is 161 N. Clark Street, Suite 3200, Chicago, IL. The telephone number for
Prenda is (800) 380-0840. I was also informed that I would be continuing my work
as “Of Counsel” to Prenda and continue in the same role I had with S&H in
prosecuting copyright cases. During the course of my work with Prenda, Mr. Steele
and Mr. Hansmeier were the attorneys who informed me that they communicated
with Prenda’s clients, oversaw the litigations on behalf of those clients, and
provided me with instructions and guidelines, which I was informed, originated
from the clients. I reported to Mr. Steele and Mr. Hansmeier.

6. I was informed that Mr. Steele and Mr. Hansmeier work for or with
Livewire Holdings LLC (“Livewire”). According to Livewire’s website, its address
is 2100 M. St. NW, Suite 170-417, Washington D.C. 20037-1233 and telephone
number is (888) 588-WIRE. I am in possession of the personal addresses and
telephone numbers for Mr. Steele and Mr. Hansmeier. However, out of an
abundance of caution, I did not believe their private addresses and telephone
numbers should be disclosed in a publicly filed document. If the Court requests the
addresses and telephone numbers, I would request that the information be filed
under seal.

ie The Copyright Litigations with respect to AF Holdings related to a
copyrighted work entitled “Popular Demand”. “Popular Demand” has a valid
registered copyright issued by the United States Copyright Office, registered by
Heartbreaker Digital LLC (“Heartbreaker”) on August 9, 2011 (Popular Demand,
Copyright No. PA0001754383). Pursuant to an assignment agreement dated
December 20, 2011, Heartbreaker assigned the rights to reproduce and distribute the
film, “Popular Demand” to AF Holdings. AF Holdings was, and is, a limited

liability company formed under the laws of the Federation of Saint Kitts and Nevis.

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Based on information and belief, AF Holdings is located at Springates East,
Government Road, Charlestown, Nevis. I am informed that Mark Lutz is the CEO
of AF Holdings.

8. The Copyright Litigations with respect to Ingenuity 13 were related to
copyrighted works entitled “A Peek Behind the Scenes at a Show" and “Five Fan
Favorites”. “A Peek Behind the Scenes at a Show” has a valid registered copyright
issued by the United States Copyright Office, registered by Ingenuity 13 on August
24, 2012 (A Peek Behind the Scenes at a Show, Copyright No. PA0001802629).
“Five Fan Favorites” has a valid registered copyright issued by the United States
Copyright Office, registered by Ingenuity 13 on May 29, 2012 (Five Fan Favorites,
Copyright No. PA0001791654). Ingenuity 13 was, and is, a limited liability
company formed under the laws of the Federation of Saint Kitts and Nevis. Based
on information and belief, Ingenuity 13 is located at Springates East, Government
Road, Charlestown, Nevis. I am informed that Mark Lutz is the CEO of Ingenuity
13

2. I believe that Mr. Lutz is living and working from Las Vegas, NV. I
am informed that Mr. Lutz also works for Livewire. According to Livewire’s
website, its address is 2100 M. St. NW, Suite 170-417, Washington D.C. 20037-
1233 and telephone number is (888) 588-WIRE. I am not possession of Mr. Lutz’s
personal address. I am in possession of Mr. Lutz’s personal telephone number.
However, out of an abundance of caution, I did not believe Mr. Lutz’s private
telephone number should be disclosed in a publicly filed document. If the Court
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requests the telephone number, | would request that the information be filed under

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= I declare under the penalty of perjury under the laws of the United States of
5 | America that the foregoing is true and correct. This declaration is executed on the
6 |. 1" day of March 2013, in Mill Valley, California.

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BRETT L. GIBBS

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