KLINEDINST PC
501 West Broapway, Surte 600
, CALIFORNIA 92101

San DieGo

'12-ev-08333-ODW-JC Document 84 Filed 03/08/13 Page 1 of 2f Pabe (ij fehee|

a

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

501 West Broadway, Suite 600

San Diego, California 92101

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

Attorneys for Defendants

JOHN STEELE; PAUL HANSMEIER; ToS

PAUL DUFFY; and ANGELA VAN —

DEN HEMEL | | RAGE:
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ay eat } |
SSE Wd 8- yyy ergy

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

Plaintiff, DECLARATION OF DAVID M.
MAJCHRZAK IN SUPPORT OF EX
Vv. 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, II
Magistrate Judge: Hon. Jacqueline Chooljian
Courtroom: 11

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

I, David M. Majchrzak, declare as follows: '
1. Iam an attorney at law duly licensed to practice before the courts of
the State of California and have been admitted to the United States District Court,

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

which is specially appearing on behalf of John Steele, Paul Hansmeier, Paul Duffy,
_and Angela Van Den Hemel. |

2. [have personal knowledge of the following facts and, if called upon

as a witness, could competently testify thereto.

/1/ 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 :

J ) ; :
Case 4{12-cv-08333-ODW-JC Document 84 Filed 03/08/13 Page 2of2 Page ID #:2129

] 3. I understand that, on March 8, 2013, my office contacted the United
2 || States District Court, Central District of California, and was told that the court
3 || considers ex parte applications on the papers and does not usually set these matters
4 || for hearing. Ifa hearing is necessary, the parties will be notified.
a 4. On March 8, 2013, I contacted Andrew J. Waxler via telephone. I
6 || understand that Waxler will be specially appearing for Brett Gibbs regarding the
7 | order to show cause hearing scheduled for March 11, 2013. I advised Waxler of the
8 |; nature and reasoning of this ex parte application. Waxler told me that he was
9 || taking no position on the application.
3 2 10 5. On March 8, 2013, I contacted Morgan E. Petz via telephone. I
re ee 11 || understand that Petze represents Defendant John Doe in this action. I advised Petze
5 g : 12 || of the nature and reasoning of this ex parte application. Petze told me that he
E go 13 anticipated opposing the application, but did not state the grounds upon which he
| Ei 3 14 || intended to do so. .
Bd 15 I declare under penalty of perjury under the laws of the State of California
16 || and the United States of America that the foregoing is true and correct.
17 Executed the 8th day of March 2013 at San Diego, California.
19
20
2 tl 14641505v1
22
23
24
20
26
27
28

; aos
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