KLINEDINST PC
501 West Broapway, SurTe 600

Case nent Document 75-3 Filed 03/08/13 Page 1of1i7 Page ID #:2029

San DieGo, CALIFORNIA 92101

1 || Heather L. Rosing, Bar No. 183986
David M. Majchrzak, Bar No. 220860
2 || KLINEDINST PC
501 West Broadway, Suite 600
3 || San Diego, California 92101
(619) 239-813 1/FAX (619) 238-8707
4 || hrosing@klinedinstlaw.com
dmajchrzak@klinedinstlaw.com
.
pee De earing for
6 || JOHN STEELE; PAUL HANSMEIER;
PAUL DUFFY; and ANGELA VAN
7 || DEN HEMEL
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 || INGENUITY 13 LLC, Case No. 2:12-cv-8333-ODW(JCx)
12 Plaintiff, NOTICE OF EX PARTE
APPLICATION FOR ORDER
13 V. WITHDRAWING ORDER FOR JOHN
STEELE, PAUL HANSMEIER, PAUL
14 || JOHN DOE, DUFFY, AND ANGELA VAN DEN
HEMEL TO APPEAR
15 Defendant.
Judge: Hon. Otis D. Wright, II
16 Magistrate Judge: Hon. Jacqueline Chooljian
Courtroom: 1]
17
Complaint Filed: September 27, 2012
18 Trial Date: None set
19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE that John Steele, Paul Hansmeier, Paul Duffy, and

21 || Angela Van Den Hemel specially appear to apply ex parte to this court for an order
22 || withdrawing the order for them to appear on Monday, March 11, 2013. This

23 || application is being made on an emergency basis because notice of the order to

24 || appear was not served until yesterday, March 7, 2013 and John Steele, Paul

25 || Hansmeier, Paul Duffy, and Angela Van Den Hemel all reside outside California.
26 The application is based upon this notice, the memorandum of points and

27 || authorities, the declarations of John Steele and David M. Majchrzak, and the

28 || proposed order filed concurrently herewith.

whe
NOTICE OF EX PARTE APPLICATION FOR ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL
HANSMEIER, PAUL DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR

KLINEDINST PC
501 West Broapway, Surre 600

Case 2:(12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 2o0f17 Page ID #:2030

Local Rule 7-19 contact information for other counsel

Counsel specially appearing for these ex parte applicants is aware of the
following contact information for counsel of the parties in this action:

Brett Langdon Gibbs; 38 Miller Avenue, Suite 263, Mill Valley, California
94941; (415) 325-5900; blgibbs@wefightpiracy.com; for Plaintiff Ingenuity 13
LLC.

Andrew J. Waxler and Won M. Park; 1960 East Grand Avenue, Suite 1210,
El Segundo, California 90245; (310) 416-1300; awaxler@wcb-law.com and
wpark@wcb-law.com; specially appearing for Brett Langdon Gibbs.

10 Morgan E. Pietz; 3770 Highland Avenue, Suite 206, Manhattan Beach,
11 || California 90266; (310) 546-5301; mpietz@pietzlawfirm.com; for Defendant John
12 || Doe.

Oo CO ND WN BR W PPO —

San DieGo, CALIFORNIA 92101

13
14 Klinedinst PC
16 || DATED: March 8. 2013 By: __¥ z
17 David M. Maj ahipak
18 i Specially Appearin bt
19 HANSMIETERS PAUL BUFEY and
20 14643333v1
al
on
23
24
22
26
27
28
ss
NOTICE OF EX PARTE APPLICATION FOR ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL
HANSMEIER, PAUL DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR

Case 2:112-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 3o0f17 Page ID #:2031

KLINEDINST PC
501 West BroaDway, SUITE 600
San DieGo, CALIFORNIA 92101

oO mA NHN DH SP WD YN

NO NO HNO NH NHN HN HN NY NN | KF Ke Re KF Re Re Se Re
oO nN DO OW BP WY NYO KF CO ODO DWBnNI DB A BP WY NYO KK OC

Heather L. Rosing, Bar No. 183986
David M. Majchrzak, Bar No. 220860
KLINEDINST PC

501 West Broadway, Suite 600

San Diego, California 92101

(619) 23 -8131/FAX (619) 238-8707
hrosing@klinedinstlaw.com
dmajchrzak@klinedinstlaw.com

TOLIN STBELEG P. UL HANSMEIER:

PAUL DUFFY; and ANGELA VAN
DEN HEMEL

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

INGENUITY 13 LLC, Case No. 2:12-cv-8333-ODW(JCx)

Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF EX
V. PARTE APPLICATION FOR ORDER
. WITHDRAWING ORDER FOR JOHN
JOHN DOE, STEELE, PAUL HANSMEIER, PAUL
DUFFY, AND ANGELA VAN DEN
Defendant. HEMEL TO APPEAR

Judge: Hon. Otis D. Wright, Il
Magistrate Judge: Hon. Jacqueline Chooljian
Courtroom: 1]

Complaint Filed: September 27, 2012
Trial Date: None set

I.
INTRODUCTION
On March 5, 2013, this court issued an order that eight individuals would
have to appear before this court on March 11, 2013. But this court lacks
jurisdiction to order those individuals to appear in that they reside outside
California, are not parties to this litigation, have not appeared in this action, and do
not represent parties to this action.
re
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR

ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

KLINEDINST PC
501 West Broapway, SurTe 600

Case 2:(12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 4of17 Page ID #:2032

1 Moreover, although some of these individuals may have received notice as
2 || the court ordered, others did not because those charged with providing notice
3 || simply lacked the information necessary to do so. And, even those that were served
4 || have not received reasonable notice of the nature of the proceedings they are being
5 || ordered to appear in or what is expected of them besides their physical presence.
6 Further, they have not received a reasonable amount of notice to
7 || accommodate cross-country travel or information regarding who will pay for such
8 || travel. Based on these factors, the court should withdraw its order for John Steele,
9 || Paul Hansmeier, Paul Duffy, and Angela Van Den Hemel to appear on Monday,
10 || March 11, 2013 at 1:30 P.M.
1] Il.
12 || THE COURT LACKS PERSONAL JURISDICTION OVER THOSE IT HAS
13 ORDERED TO APPEAR
14 Even where the court seeks to adjudicate issues between parties, it must have

San DieGo, CALIFORNIA 92101

15 || personal jurisdiction over them. Here, Steele, Hansmeier, Duffy, and Van Den

16 || Hemel are not parties and have not otherwise participated in this litigation. As

17 || such, the public policy behind the need to determine personal jurisdiction is

18 || arguably at an elevated level because, as individuals, they effectively have “no dog
19 || in this fight.”

20 Ordinarily, federal courts do not have nationwide personal jurisdiction. With
21 || few exceptions, they have no broader power over persons outside the state in

22 || which they sit than do the local state courts. Omni Capital Int’l, Ltd. v. Rudolph

23 || Wolff & Co., Ltd. (1987) 484 U.S. 97, 104-105.

24 | ///
25 West
261) 714
at
28

soe
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

KLINEDINST PC
501 West BroaDway, SurTe 600
San DieGo, CALIFORNIA 92101

Case 2:1.2-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page5of17 Page ID #:2033

—

Here, because they are not parties in this action, Steele, Hansmeier, Duffy,

2 || and Van Den Hemel can be nothing more than witnesses. California Code of Civil
3 || Procedure section 1989 provides that “a witness .. . is not obliged to attend as a
4 || witness before any court, judge, justice or any other officer, unless the witness is a
5 || resident within the state at the time of service.” None of these individuals named in
6 || the court’s March 5, 2013 reside in California. Decl. of Steel, §§ 3-6. Thus, the
7 || court lacks jurisdiction to order them to appear.
8 Il.
9 STEELE, HANSMEIER, DUFFY, AND VAN DEN HEMEL DID NOT

10 RECEIVE REASONABLE NOTICE OF THIS PROCEEDING

11 Due process mandates that a respondent to a Rule 11 sanctions motion

12 || receive reasonable notice of the sanctions being sought and the opportunity to

13 || submit an opposition. Fed. R. Civ. P. 11(c)(1); Miranda v. Southern Pac. Transp.

14 || Co., 710 F.2d 516, 522 (9th Cir. 1983). This applies equally to sanctions imposed

15 || sua sponte by the court. So, before imposing sanctions, the court must issue an

16 || order to show cause why the respondent has not violated Rule 11 and allow the

17 | party to be heard. Fed. R. Civ. P. 11(c)(3); Simmerman v. Corino, 27 F.3d 58, 64

18 || (3rd Cir. 1994); Marlin v. Moody Nat’! Bank, N.A., 533 F.3d 374, 379 (Sth Cir.

19 || 2008).

20 Although counsel submitting this application has been unable to identify any

21 || authority addressing the notice requirements to witnesses ordered to appear at such

22 || hearings, logic dictates that such individuals should at least be similarly

23 || accommodated with reasonable notice. Here, the court’s March 5, 2013 order that

24 || notice be provided by March 7, 2013 to attend a March 11, 2013 hearing with no

25 || further information is fundamentally unreasonable.

26 As set forth above, all of the witnesses that the court has ordered to appear

27 || reside out-of-state. And all of them are employed within the legal services

28 || industry. As such, providing two to three days’ business notice that they need to
MEMORANDUM OF POINTS AND SHORTS nN SUPPORT OF EX PARTE APPLICATION FOR

ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

KLINEDINST PC
501 West Broapway, Surte 600

Case 2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 6of17 Page ID #:2034

SAN DieGo, CALIFORNIA 92101

two

—
oT OO wWHN DB A He W

mM vw Pv tO ft KN LH HN KH KS KF KF = | S| SK eR

travel across the country for a hearing in a case they have not been part of is
inherently unreasonable in that it could adversely impact their clients.

Further, the notice that they appear was absent any information regarding the
reason for their appearance. Presumptively, it would be to provide testimony, but
the court has issued no order identifying what the scope of that testimony might be.
Without such notice, the witnesses may not properly prepare and are, therefore,
deprived of due process.

Finally, witnesses are entitled not only to receive payment for their
attendance, but also for travel expenses. 28 U.S.C. § 1821 (2013). But, the court’s
order not only fails to provide who will compensate Steele, Hansmeier, Duffy, and
Van Den Hemel for their time and these expenses, but that they will be
compensated at all. Given the considerable expense of traveling such distances
(including consideration of the fact that one of the witnesses likely has limited
means given her employment as a paralegal), especially on such short notice when
many common carriers may not have seats available, this is a significant issue.

For these reasons, even if the court had jurisdiction over the parties, the
notice would be unreasonable to them and the court would, at a minimum, have to
withdraw the order and issue a new one for a future date that would afford Steele,
Hansmeier, Duffy, and Van Den Hemel reasonable notice of the hearing, their
rights, and the purpose for their appearance.
iti
///

///

2
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

KLINEDINST PC
501 West Broapway, Suite 600

Case 2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 7of17 Page ID #:2035

1 IV.
2 CONCLUSION

The court does not have jurisdiction to order out-of-state residents Steele,
Hansmeier, Duffy, and Van Den Hemel to appear as witnesses at a hearing. And,

even if it did, the notice that court provided for parties to travel across the country

3

4

a

6 || was incomplete and inadequate. For these reasons, the court should withdraw its
7 || March 5, 2013 ordering these individuals to appear in California on March 11,

8

9

2013.
10 Klinedinst PC
i iar a
v\~ L/ Cl
12 || DATED: March 8. 2013 By: _/ _)\
Heather L. Rosi g
13 David M. Majchr; lk

7 ; ecial ecally Appearing fox for

HANSMEIER: NA DUFFY; and
15 ANGELA VAN DEN HEMEL’

16 14621918v1

SAN DIEGO, CALIFORNIA 92101

-5-
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR
ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

ae SARE. Rapeeanc SBN EUF Document 75-3, Filed 03/08/13 Page 8of17 Page ID #:2036

Klinedinst PC

501 W. Broadway, Suite 600
San Diego, CA 92101

(619) 239-8131

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER:

miperunty 13 CE 2:12-cv-8333-ODW(Cx)

PLAINTIFF(S)

John Doe NOTICE OF MANUAL FILING

DEFENDANT(S).

PLEASE TAKE NOTICE:

Pursuant to Local Rule 5-4.2, the following document(s) or item(s) are exempt from electronic filing,
and will therefore be manually filed (LIST DOCUMENTS): NOTICE OF EX PARTE APPLICATION FOR
ORDER WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND
ANGELA VAN DEN HEMEL TO APPEAR; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT OF EX PARTE APPLICATION; DECLARATION OF DAVID M. MAJCHRZAK IN SUPPORT
OF EX PARTE APPLICATION; DECLARATION OF JOHN STEELE IN SUPPORT OF EX PARTE
APPLICATION; [PROPOSED] ORDER TO WITHDRAW ORDER FOR JOHN STEELE, PAUL
HANSMEIER, PAUL DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR; PROOF OF SERVICE

Document Description:

[-] Administrative Record
[| Exhibits

[J Ex Parte Application for authorization of investigative, expert, or other services pursuant to the
Criminal Justice Act [see Local Rule 5.2-2.2(8), Local Criminal Rule 49.1-2(8)]

XxX Other
Reason:
[] Under Seal
[| Items not conducive to e-filing (i.e., videotapes, CDROM, large graphic charts)
[| Electronic versions are not available to filer
[-] Per Court order dated
xX Manual Filing required ( reason ):
Specially Appearing Parties. Not listed as parties on Court,Doc :
c
March 8, 2013 y
Date Attorney Name
David M. Majchrzak
Party Represented

Specially Appearing, JOHN STEELE, PAUL
HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL

Note: File one Notice of Manual Filing in each case, each time you manually file document(s).

www.FormsWorkFlow,.com :

Case 2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 9of17 Page ID #:2037

Saree Le oe Bar No. 183986
David vee hrzak, Bar No. 220860
RLINEDING

501 West Beaty. Suite 600

No me

KLINEDINST PC

3 || San Diego, California 92101
(619) 2 ~8131/FAX (619) 238-8707
4 oseay nes instlaw.com
, dmajchrzak@klinedinstlaw.com
Attorne is for Defendants
6 || JOHN STEELE; PAUL HANSMEIER;
PAUL DUFFY; ‘and ANGELA VAN
7 || DEN HEMEL
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
25 10
ae 1} || INGENUITY 13 LLC, Case No. 2:12-cv-8333-ODW(JCx)
$6 12 Plaintiff, DECLARATION OF JOHN STEELE IN
$3 SUPPORT OF EX PARTE
ag 13 Vv. APPLICATION FOR ORDER
G WITHDRAWING ORDER FOR JOHN
=O 14 || JOHN DOE, STEELE, PAUL HANSMEIER, PAUL
~% DUFFY, AND ANGELA VAN DEN
aM 15 Defendant. HEMEL TO APPEAR
16 Judge: Hon. Otis D. Wright, II
Magistrate Judge: Hon. Jacqueline Chooljian
17 Courtroom: tl
18 Complaint Filed: September 27, 2012
Trial Date: None set
19
20 1, John Steele, declare as follows:
2) Li I am an attorney at law duly licensed to practice before the courts of

22 |; the State of Illinois. I am of counsel with the law firm, Prenda Law, Inc.

23 2 I have personal knowledge of the following facts and, if called upon
24 || as a witness, could competently testify thereto.

25 3. I reside in the State of Florida. I both live in the State of Florida and

26 || intend to remain living in Florida. Although | make infrequent appearances in

27 || Illinois to perform legal services, I do not provide any legal services in either

38 ° 2 * = I sz
DECLARATION OF JOHN STEELE IN SUPPORT OF EX PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR
2:12-cv-8333-ODW(JCx)

KLINEDINST PC
S01 West Broapway, SUITE 600

Case 2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 10o0f17 Page ID

SAN DiéGo, CALIFORNIA 92101

co Oo fF SDH WH BP WH we —

— — ont — — — —
AO A BS WwW WL —

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oo

#:2038

4, | know Paul Hansmeier through my work with Prenda Law, Inc. He is
also of counsel to the firm. Hansmeier resides in the State of Minnesota in that he
lives and works in Minnesota and, on information and belief, intends to remain
living and working in Minnesota.

5. ] know Paul Duffy through my work with Prenda Law, Inc. He is the
firm’s principal. Duffy resides in the State of Illinois in that he lives and works in

Illinois and, on information and belief, intends to remain living and working in

Illinois.

6. | know Angela Van Den Hemel through my work with Prenda Law,
Inc. She is a paralegal with the firm. Van Den Hemel resides in the State of
Minnesota in that she lives and works in Minnesota and, on information and belief,
intends to remain living and working in Minnesota.

| declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.

Executed the 8th day of March 2013 at Chicago, Illinois.

Johni $teele

14630746v1

«O<

DECLARATION OF JOHN STEELE IN SUPPORT OF EX PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

2:12-¢v¥-8333-ODW(ICx)

KLINEDINST PC
501 West Broapway, Sutte 600

SAN DieGo, CALIFORNIA 92101

Cas@! 2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 11of17 Page ID
#:2039

1 || Heather L. Rosing, Bar No. 183986
David M. Majchrzak, Bar No. 220860
2 || KLINEDINST PC
501 West Broadway, Suite 600
San Diego, California 92101
(619) 239-813 1/FAX (619) 238-8707
Faken i aera Se era nie
dmajchrzak@klinedinstlaw.com

a

4

2

Attorneys for Defendants

6 || JOHN STEELE; PAUL HANSMEIER;
7

8

9

PAUL DUFFY; and ANGELA VAN
DEN HEMEL

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

10

11 || INGENUITY 13 LLC, Case No. 2:12-cv-8333-ODW(JCx)

12 Plaintiff, DECLARATION OF DAVID M.
MAJCHRZAK IN SUPPORT OF EX

13 V. PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN

14 |) JOHN DOE, STEELE, PAUL HANSMEIER, PAUL
DUFFY, AND ANGELA VAN DEN

15 Defendant. HEMEL TO APPEAR

16 Judge: Hon. Otis D. Wright, I
Magistrate Judge: Hon. Jacqueline Chooljian

17 Courtroom: 1]

18 Complaint Filed: September 27, 2012
Trial Date: None set

19

20 I, David M. Majchrzak, declare as follows:

Zi 1. I am an attorney at law duly licensed to practice before the courts of

22 || the State of California and have been admitted to the United States District Court,

23 || Central District of California. I am counsel with the law firm, Klinedinst PC,

24 || which is specially appearing on behalf of John Steele, Paul Hansmeier, Paul Duffy,

25 || and Angela Van Den Hemel.
26 2 I have personal knowledge of the following facts and, if called upon

27 || as a witness, could competently testify thereto.

28 |] /// a

DECLARATION OF DAVID MAJCHRZAK IN SUPPORT OF EX PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA VAN

DEN HEMEL TO APPEAR

KLINEDINST PC
501 West Broapway, SulTte 600

SAN DiEGO, CALIFORNIA 92101

2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 12o0f17 Page ID
#:2040

3. I understand that, on March 8, 2013, my office contacted the United
States District Court, Central District of California, and was told that the court
considers ex parte applications on the papers and does not usually set these matters
for hearing. If a hearing is necessary, the parties will be notified.

4. On March 8, 2013, I contacted Andrew J. Waxler via telephone. I
understand that Waxler will be specially appearing for Brett Gibbs regarding the
order to show cause hearing scheduled for March 11, 2013. I advised Waxler of the
nature and reasoning of this ex parte application. Waxler told me that he was
taking no position on the application.

>: On March 8, 2013, I contacted Morgan E. Petz via telephone. I
understand that Petze represents Defendant John Doe in this action. I advised Petze
of the nature and reasoning of this ex parte application. Petze told me that he
anticipated opposing the application, but did not state the grounds upon which he
intended to do so.

I declare under penalty of perjury under the laws of the State of California
and the United States of America that the foregoing is true and correct.

Executed the 8th day of March 2013 at San Diego, California.

\ i
David M. Maich ak

14641505v1

is
DECLARATION OF DAVID MAJCHRZAK IN SUPPORT OF EX PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA VAN
DEN HEMEL TO APPEAR

Cas@|2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 13 o0f17 Page ID

#:2041

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

INGENUITY 13 LLC, Case No. 2:12-cv-8333-ODW(JCx)

Plaintiff, PROPOSED] ORDER TO
ITHDRAW ORDER FOR JOHN
V. STEELE, PAUL HANSMEIER, PAUL
. DUFFY, AND ANGELA VAN DEN
JOHN DOE, HEMEL TO APPEAR

Defendant. Judge: Hon. Otis D. Wright, II
Magistrate Judge: Hon. Jacqueline Chooljian
Courtroom: 1]

Complaint Filed: September 27, 2012
Trial Date: None set

The following is the final order of the court following consideration of
the ex parte application of John Steele, Paul Hansmeier, Paul Duffy, and
Angela Van Den Hemel:

Counsel for John Steele, Paul Hansmeier, Paul Duffy, and Angela Van Den
Hemel specially appeared to apply ex parte for an order withdrawing this court’s
order that Steele, Hansmeier, Duffy, and Van Den Hemel appear on March 11,
2013 at 1:30 P.M. After full consideration of the application and argument by the
parties, and consideration of all the papers and evidence before the court, the court
rules as follows:

///
se

[PROPOSED] ORDER TO WITHDRAW ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY,

AND ANGELA VAN DEN HEMEL TO APPEAR

Cas 2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 14of17 Page ID
#:2042

—

John Steele, Paul Hansmeier, Paul Duffy, and Angela Van Den Hemel’s ex
parte application is GRANTED.

The order for John Steele, Paul Hansmeier, Paul Duffy, and Angela Van Den
Hemel to appear before this court on March 11, 2013 at 1:30 P.M. is hereby

withdrawn.

oC A ND OH & WH WN

IT IS SO ORDERED.

DATED:

Judge of the United States District
Court, Central District of California

14644670v1

oe

[PROPOSED] ORDER TO WITHDRAW ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL DUFFY,

AND ANGELA VAN DEN HEMEL TO APPEAR

Case}2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page15o0f17 PageID

Oo Fe NN DO FP W LH

a
-_- &

#:2043

Heather L. Rosing, Bar No. 183986

David M. Ma
KLINEDINS

ae Bar No. 220860
PC

501 West Broadway, Suite 600

San Diego, California 92101

(619) 239-813 1/FAX (619) 238-8707
hrosing@klinedinstlaw.com
dmajchrzak@klinedinstlaw.com

S Seay. meee JOHN

STEEL NSMEIER; PAUL
DUFFY; and ANGELA VAN DEN
HEMEL
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
INGENUITY 13 LLC, Case No. 2:12-cv-8333-ODW(JCx)
Plaintiff, CERTIFICATE OF SERVICE
Vv. Date
Time:
JOHN DOE, Courtroom:
Judge: Hon. Otis D. Wright, II
Defendant. Magistrate Judge: Hon. Jacqueline Chooljian

Complaint Filed: September 27, 2012
Trial Date: None set

I declare that:

__ Tam and was at the time of service of the papers herein, over the age of
Sue (18) years and am not a party to the action. I am employed in the County
)

an Diego,

California, and my business address is S01 West Broadway, Suite

600, San Diego, California 92101.
On March 8, 2013, I caused to be served the following documents:

NOTICE OF EX PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN STEELE, PAUL
HANSMEIER, PAUL DUFFY, AND ANGELA VAN DEN
HEMEL TO APPEAR;

MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT OF EX PARTE APPLICATION FOR ORDER
WITHDRAWING ORDER FOR JOHN STEELE, PAUL
HANSMEIER, PAUL DUFFY, AND ANGELA VAN DEN
HEMEL TO APPEAR;

CERTIFICATE OF SERVICE

Casejj2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 16 of 17 Page ID

So Oo YN DBD AN FR WY NO eS

DO NO PO HNO NHN HPO HN NO NO YF HF HF HFS HFS FSF ES OO SO
Oo nN DBD A FB WD NY K§ DOD OO nN DBD A FP WY NY KS CO

#:2044

DECLARATION OF DAVID M. MAJCHRZAK IN SUPPORT
OF EX PARTE APPLICATION FOR ORDER WITHDRAWING
ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL
DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR;

DECLARATION OF JOHN STEELE IN SUPPORT OF EX
PARTE APPLICATION FOR ORDER WITHDRAWING
ORDER FOR JOHN STEELE, PAUL HANSMEIER, PAUL
DUFFY, AND ANGELA VAN DEN HEMEL TO APPEAR;

ae ee ORDER TO WITHDRAW ORDER FOR JOHN
TEELE, PAUL HANSMEIER, PAUL DUFFY, AND ANGELA
VAN DEN HEMEL TO APPEAR

NOTICE OF MANUAL FILING

BY REGULAR MAIL: I caused such envelopes to be deposited in the
United States mail, at San Diego, California, with postage thereon full
He individually, addressed to the parties as indicated. I am readily
amiliar with the firm’s practice of collection and pieces
correspondence in mailing. It is deposited with the United States postal
service each day and that practice was followed in the ordinary course of
business for the service herein attested to. (Fed. R. Civ. P. 5(b)(2)(B).)

BY OVERNIGHT SERVICE: I caused such envelopes to be delivered by
Ove ue Baynes Mail Delivery to the addressee(s) noted in this Certificate
of Service.

BY FACSIMILE TRANSMISSION: I caused a true po) hes the foregoing
document(s) to be transmitted (by facsimile # ) to each of the parties
mentioned above at the facsimile machine and as last given by that person
. an ocument which he or she has filed in this action and served upon
this office.

BY ELECTRONIC FILING SERVICE: By electronically filing the
foregoing document(s) using the CM/ECF system. Service of an
electronically filed document upon a CM/ECF User who has consented to
electronic service is deemed complete upon the transmission of the Notice
of Electronic Filing ("NEF") . The NEF will be maintained with the original
document(s) in our office.

BY PERSONAL SERVICE: I served the person(s) listed below by leaving

the documents, in an envelop or package clearly labeled to identify the
erson being served, to be Lpecalteg | served via Cal Express Attorney
ervice on the parties listed on the service list below at their designated

business address.

Ol By personally delivering the copies;

O_ ‘By leaving the copies at the attorney’s office;

1 With a receptionist, or with a person having charge thereof; or

CERTIFICATE OF SERVICE

Case|2:12-cv-08333-ODW-JC Document 75-3 Filed 03/08/13 Page 17 of17 Page ID
#:2045

——

[1 Ina conspicuous place in the office between the hours of
in the morning and five in the afternoon;

O BY leaving the copies at the individual’s residence, a conspicuous
p Ae between the hours of eight in the morning, and six in the
afternoon.

I declare that I am employed in the office of a member of the bar of this
Court, at whose direction the service was made.

415-325-5900

blgibbs@wefightpiracy.com
Attorney for PLAINTIFF

ae
Brett Langdon Gibbs, Esq.

PRENDA LAW INC.

38 Miller Avenue Suite 263

Mill Valley, CA 94941

10 || | (SERVED VIA EMAIL ONLY)

Oo AN DBD A FR W bP

310-424-5557/Fax 310-546-5301
mpietz@pietzlawfirm.com

f
11 Morgan E. Pietz, Esq.
THE PIETZ LAW FIRM

a 3770 Highland Avenue, Suite 206 Attorney for Defendant

13 Manhattan Beach, CA 90266 JOHN DOE

14 |} | Andrew J. Waxler, Esq. 310-416-1300/Fax 310-416-1310
15 Won M. Park, Esq. awaxler@wcb-law.com

WAXLER CARNER BRODSKY LLP
16 || | 1960 East Grand Ave., Suite 1210
17 || | El Segundo, CA 90245

wpark@web-law.com
Attorneys for Specially Appearing

Respondent,
BRETT L. GIBBS |

19 I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice, it would be deposited with the

20 || United States Postal Service on that same day with postage thereon fully prepaid at
San Diego, California, in the ordinary course of business. I am aware that on

21 || motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after the date of deposit for mailing in

22 || affidavit.

a4 I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
a Executed on March 8, 2013, at San Dicee A pitorle:
a x

25 LY ML 7 - YA

vA Lf, . oe
26 Wa fy
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3g || 14618459v1

CERTIFICATE OF SERVICE