ase 2:12-cv-08333-ODW-JC Document 75 Filed 03/08/13 Page1of3 Page ID #:201

Morgan E. Pietz (SBN 260629) THE PIETZ LAW FIRM

3770 Highland Ave., Ste. 206 Manhattan Beach, CA 90266 mpietz@pietzlawfirm.com Telephone: (310) 424-5557 Facsimile: (310) 546-5301

Attorney for Putative John Doe in 2:12-cv-08333-ODW-JC 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, V.

JOHN DOE,

Defendant.

Case Number: 2:12-cv-08333-ODW-JC

Case Assigned to: District Judge Otis D Wright, II

Discovery Referred to: Magistrate Judge Jacqueline Chooljian

Case Consolidated with Case Nos:.: 2:12-cv-6636; 2:12-cv-6669; 2:12-cv- 6662; 2:12-cv-6668

OPPOSITION TO EX PARTE APPLICATION FOR ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSEMEIER, PAUL DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR

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OPPOSITION

This opposition is being filed to the “Ex Parte Application for Order Withdrawing Order for John Steele, Paul Hansemeier, Paul Duffy, and Angela Van Den Hemel to Appear” (the “Application”) which is in the process of being manually filed' by specially appearing counsel.

(a) Personal Jurisdiction

John Steele has frequently sent demand letters into the State of California, seeking to pressure Internet users into settling copyright infringement claims. An example of only one such letter (undersigned counsel knows there are many more) accompanies this opposition as Exhibit 1 to the Declaration of Nicholas Ranallo. Further, Mr. Steele has not been shy about conducting media interviews, with California publications, about his California cases. See http://www.sfgate.com/business/article/Lawsuit-says-grandma-illegally- downloaded-porn-2354720.php. Accordingly, both general and specific jurisdiction exists over John Steele.

Paul Hansemeier travelled to San Francisco California to appear as the 30(b)(6) deponent of AF Holdings, LLC in a case pending in the Northern District 0 California. See ECF No. 69. Accordingly, both general and specific jurisdiction exists over Paul Hansemeier.

Paul Duffy is a member of the State Bar of California.” Further, he substituted in as counsel of record in various AF Holdings and Ingenuity 13 cases

pending in the Northern District of California (see e.g., Exhibit EE*) and has

' At 2:55 PM, after being served by fax and email, rather than CM/ECF, undersigned counsel requested clarification as to which part of L.R. 5-4.2 was being invoked as the basis for exempting the Application from mandatory e-filing. As of this filing, no response has yet been received.

* See http://members.calbar.ca.gov/fal/Member/Detail/224 159

* The Exhibit lettering used herein refers to the Exhibits to prior declarations previously filed in this case see ECF Nos. 40-1; 40-2; 53-1; 53-2; 59-1; 59-2. age

OPPOSITION TO EX PARTE APPLICATION FOR ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSEMEIER, PAUL DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR

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attempted, at his own initiative, to meet and confer regarding this case, C.D. Cal. 12- cv-8333 (see Exhibit P). See also ECF No. 52, p. 10. Accordingly, both general and specific personal jurisdiction exists over California courts for Paul Duffy.

Angela Van Den Hemel was identified by Mr. Gibbs as being the person who violated this Court’s discovery order. Accordingly, specific jurisdiction exists over Angela Van Den Hemel.

(b) Any Argument About Unreasonable Time Is Negated by the Manner in

Which The Application Was Filed

It appears that the Application may have been manually filed in order to create a purposeful lag time (of the motion getting from the filing window to chambers) on what is supposed to otherwise be an emergency motion. It is unclear why undersigned counsel found himself in possession of a copy of the moving papers prior to the Court. Further, the original amount of time was reasonable.

KK Ok

For the foregoing reasons, the emergency application to withdraw the order

ordering the specially appearing moving parties to appear on Monday should be

withdrawn.

Respectfully submitted, DATED: March 8, 2013 THE PIETZ LAW FIRM

/s/ Morgan E. Pietz

Morgan E. Pietz

THE PIETZ LAW FIRM Attorney for Putative John Doe(s) Appearing on Caption

-3- OPPOSITION TO EX PARTE APPLICATION FOR ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSEMEIER, PAUL DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR