Case 2:12-cv-08333-ODW-JC Document 61 Filed 03/04/13 Page1of3 Page ID #:1100

1 | ANDREW J. WAXLER, SBN 113682
WON M. PARK, SBN 194333
2| WAXLER@CARNER@BRODSKY LLP
1960 East Grand Avenue, Suite 1210
3 | El Segundo, California 90245
Telephone: (310) 416-1300
4iFacsimile: (310) 416-1310
e-mail: awaxler@wcb-law.com
5 | e-mail: wpark(@wceb-law.com
6 | Specially Appearing for Respondent
BRETTL.GIBBS
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 | INGENUITY 13 LLC, Case No. 2:12-CV-8333-ODW (JCx)
Consolidated with Case Nos.:
12 Plaintiff, :12-cv-6636; 2:12-cv-6669; 2:12-cv-
6662; 2:12-cv-6668]
13 vs.
[Assigned to Judge Otis D. Wright, II ]
14 | JOHN DOE,
SUPPLEMENTAL DECLARATION
15 Defendant. OF BRETT L. GIBBS IN SUPPORT
CY) O F SUPPLEMENTAL BRIEF IN
16 RESPONSE TO THE COURT’S
FEBRUARY 7, 2013 OSC
17
[Complaint Filed: September 27, 2012]
18
Date: March 11, 2013
19 ‘Time: 1:30 p.m.
Dept: 11
20
Filed Concurrently with Brett Gibbs’
21 upplemental Brief; Supplemental .
Request for Judicial Notice; Objections
22 to Evidence and Proposed Order re
Objections to Evidence]
23
Trial date: None set
24
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26
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Case 2:12-cv-08333-ODW-JC Document 61 Filed 03/04/13 Page 2 of3 Page ID #:1101

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Co CO IN BO Hh ee WH LY

SUPPLEMENTAL DECLARATION OF BRETT L. GIBBS

I, Brett L. Gibbs, declare and state as follows:

2 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.
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-ODW(JCx) (“Case No. 6668”) and Ingenuity 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 and I could and would competently
testify to them if called upon to do so.

2 I make this declaration in support of Brett L. Gibbs’ Supplemental
Brief in response to the Court’s February 7, 2013 OSC.

3 I no longer have a relationship with Prenda Law, Inc. or Livewire
Holdings, LLC. I am also no longer counsel of record for any cases involving
Ingenuity and am only counsel of record in one case for AF Holdings pending AF
Holdings retaining new counsel.

4, I first became aware of the allegation that counsel for SBC Internet
Services, LLC dba AT&T Internet Services (“AT&T”) claimed that a Prenda
employee named Angela Van Den Hemel contacted counsel for AT&T regarding
the status of a subpoena issued to AT&T in the case entitled AF Holdings LLC v.

Case 2:12-cv-08333-ODW-JC Document 61 Filed 03/04/13 Page 3of3 Page ID #:1102

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| Doe, United States District Court for the Central District of California Case No. 12-
| cv-005075 after the Court issued its October 19, 2012 order vacating the prior early
discovery orders when | reviewed the declarations of Bart Huffman and Camille D.

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/Kerr filed by Mr. Pietz on February 20, 2013. I did not instruct Ms. Van Den Hemel

| to follow- -up with AT&T's counsel regarding the status of the subpoena afier the

| : . ae
» | Court issued its October 19, 2012 order. In addition, | was not aware of any attempt

to follow-up regarding the status of the subpoena until | reviewed Mr. Huffman and
| Ms. Kerr’s declarations. | specifically advised members of Prenda about the Court’s
October 19, 2012 orders vacating the prior early discovery orders and advised them

not to attempt to enforce the subpoenas.

5; I have never met Salt Marsh or had any direct contact with Salt Marsh.
| have never forged the signature of “Salt Marsh.” [| have also never met Alan
Moody, Alan Moay, Alan Mony, or Allan Mooney. | have also never had any direct
contact with Alan Moody, Alan Moay, Alan Mony, or Allan Mooney. | have never

forged the signature of "Alan Moody”, “Alan Moay”, “Alan Mony”, or “Allan

Mooney.”

I declare under the penalty of perjury under the laws of the United States of
America that the foregoing is true and correct. This declaration is executed on the

4" day of March 2013, in Mill Valley, California.

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