Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 1 of 12 Page ID #:2141 1 A N D R E W J . W A X L E R , S B N 113682 B A R R Y Z . B R O D S K Y , S B N 93565 2 W O N M . P A R K , S B N 194333 WAXLER o CARNER o BRODSKY LLP 3 1960 East G r a n d A v e n u e , Suite 1210 E l Segundo, C a l i f o r n i a 90245 4 Telephone: ( 3 1 0 ) 4 1 6 - 1 3 0 0 Facsimile: (310)416-1310 5 e-mail: awaxler@wcb-law.com e-mail: bbrodskv@wcb-law.com 6 e-mail: wpark@wcb-law.com 7 Specially A p p e a r i n g f o r Respondent BRETT L. GIBBS 8 UNITED STATES DISTRICT C O U R T 9 C E N T R A L DISTRICT OF C A L I F O R N I A 10 11 12 I N G E N U I T Y 13 L L C , Plaintiff, 13 vs. 14 15 JOrlNDOE, 19 27 28 C O U R T ' S ORDERS O F M A R C H 14, 2013 A N D M A R C H 15, 2013 DECLARATION OF ANDREW J. W A X L E R I, A N D R E W J. W A X L E R , declare and state as follows: 22 26 W A X L E R RE SERVICE OF T r i a l date: N o n e set 20 25 DECLARATION OF ANDREW J. ) [Complaint F i l e d : September 27, 2012] 18 24 [Assigned to Judge Otis D . Wright, II1 ) 17 23 Case N o . 2 : 1 2 - C V - 8 3 3 3 - O D W ( J C x ) [Consolidated w i t h Case N o s . : 2:12-cv-6636; 2:12-cv-6669; 2:12-cv6662;2:12-cv-6668] ) Defendant. 16 21 ) ) ) ) ) 1 ) 1. I am an attorney at law duly licensed to practice before all o f the Courts o f the State of California and am a partner of the law firm of Waxier Carner Brodsky L L P , counsel for Respondent Brett L . Gibbs ("Gibbs") herein. I have personal knowledge o f the following facts and i f called and sworn as a witness, I could and would competently testify thereto under oath. /// ill D E C L A R A T I O N OF ANDREW J. W A X L E R R E SERVICE O F COURT'S ORDERS O F M A R C H 14. 2013 AND M A R C H 15, 2013 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 2 of 12 Page ID #:2142 1 2. Pursuant to the Court's Order o f March 14, 2013, my office was ordered to 2 serve the Court's March 14, 2013 Order on the individuals and entities listed on that 3 Order by March 15, 2013. In addition, on March 15, 2013, the Court modified the 4 hearing date set forth in its Order of March 14 and further ordered that my office serve 5 the new hearing date on all the individuals and entities listed in its Order of March 14, 6 2013.1 have attached to my declaration as Exhibit " A " a copy of the Amended Proof o f 7 Service that was sent to all recipients on March 15, 2013. In this packet sent to all 8 recipients as detailed below, we served a copy of the Court's Order of March 14, 2013 9 and the Court's Order of March 15, 2013. We have deleted the personal home addresses th 10 which were served from the copy we are attaching for filing with the Court. This 11 declaration details my office's attempted service on all individuals and entities as follows: 12 a) Service on "John Steele, of Steele Hansmeier P L L C , Prenda Law, Inc. and/or 13 Livewire Holdings L L C . " We served M r . Steele on March 15 via Federal 14 Express at a last known address for M r . Steele in Florida which we have deleted 15 in Exhibit A . 16 on March 18 . We also served M r . Steele on March 15 via the following e- 17 mail addresses which we believed he has used in the past: 18 jsteele@livewireholdings.com: jsteele@w efightpiracy.com. The service at the 19 Live Wire Holding address was returned but not at the We Fight Piracy email 20 21 22 th 1 We have confirmed that this packet was delivered to this address th , th address. O n March 18 , we learned of a personal email address that was used by M r . Steele at one time. We served a copy of the Orders on M r . Steele at this th 23 personal email address on March 18 . We received an error message directing 24 us to send further emails to service@livewireholdings.com. We then sent 25 another copy of our packet to M r . Steele at service@livewireholdings.com. 26 27 Rather than attempt to personally serve John Steele, Paul Hansmeier, Paul Duffy, and Angela Van Den Hemel at addresses that may or may not have been valid, we asked their lawyer if she 28 would accept formal service of the Orders. Because we were advised by Ms. Rosing that she was unable to accept service, we have undertaken to serve these four individuals as set forth herein. 2 D E C L A R A T I O N OF ANDREW J. W A X L E R R E SERVICE O F COURT'S ORDERS O F M A R C H 14,2013 AND M A R C H 15, 2013 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 3 of 12 Page ID #:2143 1 b) Service on Paul Hansmeier, of Steele Hansmeier P L L C and/or Livewire 2 Holdings L L C . " We served M r . Paul Hansmeier on March 15 via Federal 3 Express at a last known address for him in Minnesota which we have deleted in 4 Exhibit A . We also served M r . Paul Hansmeier via the following e-mail 5 addresses which we believed he has used in the past: 6 prhansmeier@wefightpiracy.com; prhansmeier@6881 forensics.com; 7 prhansmeier@livewireholdings.com. After we received rejections concerning 8 these email addresses, we contacted the following email address which we were 9 directed to contact in several of the email rejections: th 10 clerk@livewireholdings.com. This morning at 8:37 am my office received a 11 response from "Paul" stating that the clerk@livewireholdings.com email address 12 was "Paul's email address." Additional, on March 18 , we learned of a personal 13 email address used by M r . Paul Hansmeier. We served a copy of the Orders on 14 M r . Paul Hansmeier at his personal email address on March 18 . th th 15 c) Service on Paul D u f f y , of Prenda Law, Inc. We served M r . D u f f y on March 15 16 via Federal Express at the last known address for Prenda Law, Inc. We have 17 confirmed that this packet was delivered to this address on March 18 . We also 18 served M r . D u f f y on March 15 via the following e-mail addresses which we 19 believed he has used in the past: paduffV@wefightpiracv.com. We did not 20 receive a rejection as a result o f the sending of this email. 21 th th d) Service on Angela V a n Den Hemel, of Prenda Law, Inc. We served M s . V a n 22 Den Hemel on March 15 v i a Federal Express at the last known address for 23 Prenda Law, Inc. We have confirmed that this packet was delivered to this 24 address on March 18 . We also served M s . V a n Den Hemel on March 15 via 25 the following e-mail addresses which we believed she has used in the past: 26 akvandenhemel@wefightpiracv.com. We did receive a notice from M s . V a n 27 Den Hemel that this address is no longer active. th th th 28 3 D E C L A R A T I O N OF ANDREW J. W A X L E R R E SERVICE O F COURT'S ORDERS O F M A R C H 14, 2013 AND M A R C H 15, 2013 th Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 4 of 12 Page ID #:2144 1 e) Service on Mark Lutz, of Prenda Law, Inc., A F Holdings L L C and/or Ingenuity 2 13 L L C . Knowing that M r . Lutz now w orks for Livewire Holdings, as 3 confirmed by its web site, we served M r . Lutz on March 15 via Federal 4 Express at the address listed on the Livewire Holdings website. We have 5 confirmed that this packet was delivered to this address on March 18 . I also 6 left M r . Lutz two voicemail messages to confirm his address. M r . Lutz did not 7 return my phone calls to him. We also served M r . Lutz on March 15 via the 8 following e-mail addresses which we believed he has used in the past: 9 mclutz@wefightpiracy.com: mclutz@livewireholdings.com. The ? th th th 10 livewireholdings address came back undeliverable but we received no error 11 message in connection with the email sent to the We Fight Piracy address. 12 f) Service on " A l a n Cooper, o f A F Holdings L L C . " The only " A l a n Cooper" that 13 we are aware o f appeared in Court on March 11 . I understand that he claims 14 that he is not affiliated with A F Holdings. We further understand that M r . Steele 15 may contend otherwise. In any event, since we know of no other Alan Cooper 16 than the person that appeared in Court, I reached an agreement with his attorney, 17 Paul Godfread, that I can serve " A l a n Cooper" via email only care of M r . 18 Godfread's email address, paul@godfreadlaw.com. Pursuant to that agreement, 19 we served M r . Cooper c/o M r . Godfread on March 15 . M r . Godfread did 20 acknowledge receipt of the email when he wrote back with the following 21 remarks: "Please note that I do not represent A l a n Cooper of A F Holdings. I 22 only represent Alan Cooper of Isle, M N . I do not accept service on behalf of 23 24 25 26 27 28 th th A l a n Cooper of A F Holdings. I not agree to accept service on behalf of Alan Cooper o f A F Holdings. Please also note that the most recent order specifically does not order my client, A l a n Cooper of Isle, M N to appear." th g) Service on Peter Hansmeier. We served M r . Peter Hansmeier on March 15 via Federal Express at the last known address for M r . Peter Hansmeier. We have th confirmed that this packet was delivered to this address on March 18 . I also 4 D E C L A R A T I O N OF ANDREW J. W A X L E R RE S E R V I C E OF COURT'S ORDERS O F M A R C H 14, 2013 AND M A R C H 15, 2013 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 5 of 12 Page ID #:2145 1 left M r . Peter Hansmeier two voicemail messages on his cell phone to confirm 2 his address. M r . Peter Hansmeier did not return my phone calls to him. We also 3 served M r . Peter Hansmeier on March 15 via the following e-mail addresses 4 which we believed he has used in the past: pfhansmeier@wefightpiracy.com: 5 pfhansmeier@6881 forensics.com. The email sent to the 6881 forensics address 6 came back as undeliverable but we received no error message in connection with 7 the email sent to the We Fight Piracy address. th 8 h) Service on Prenda Law, Inc. We served Prenda Law, Inc. on March 15 via 9 Federal Express at the last known address for Prenda Law, Inc. We have th 10 confirmed that this packet was delivered to this address on March 18 . We also 11 served M r . D u f f y care of Prenda Law, Inc. on March 15 via the following e- 12 mail addresses which we believed he has used in the past: 13 paduffv@wefightpiracy.com. N o error message was received in connection 14 with this email. 15 th th i) Service on Livewire Holdings L L C . Knowing that M r . Lutz now works for 16 Livewire Holdings, as confirmed by its web site, we served Livewire Holdings 17 L L C care of M r . Lutz on March 15 via Federal Express at the address listed on 18 the Livewire Holdings website. We have confirmed that this packet was 19 delivered to this address on March 18 . I also left M r . Lutz two voicemail 20 messages to confirm his address. M r . Lutz did not return my phone calls to him. 21 We also served Livewire Holdings L L C care of M r . Lutz on March 15 via the 22 following e-mail addresses which we believed he has used in the past: 23 mclutz@wefightpiracy.com: mclutz@livewireholdings.com. The 24 livewireholdings address came back undeliverable but we received no error 25 message in connection with the email sent to the We Fight Piracy address. 26 27 28 th th th j) Service on Steele Hansmeier P L L C . We understand that Steele Hansmeier P L L C may no longer be in business. Therefore, we served its successor, Prenda th Law, Inc., on March 15 via Federal Express at the last known address for 5 D E C L A R A T I O N OF ANDREW ,J. W A X L E R R E SERVICE O F COURT'S ORDERS O F M A R C H 14, 2013 AND M A R C H 15, 2013 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 6 of 12 Page ID #:2146 1 Prenda L a w , Inc. We have confirmed that this packet was delivered to this 2 address on March 18 . We also served M r . D u f f y care of Prenda Law, Inc. on 3 March 15 via the following e-mail addresses which w e believed he has used in 4 the past: paduffv@wefightpiracy.com. N o error message was received in 5 connection with this email. th th ? 6 k) Service on A F Holdings L L C . We understand that A F Holdings, L L C may be a 7 subsidiary of Livewire Holdings, L L C . We served Livewire Holdings L L C care 8 of M r . Lutz on March 15 via Federal Express at the address listed on the 9 Livewire Holdings website. We have confirmed that this packet was delivered 10 to this address on March 18 . We also served Livewire Holdings L L C care o f 11 M r . Lutz on March 15 via the following e-mail addresses which we believed 12 M r . Lutz has used in the past: mclutz@wefightpiracy.com: 13 inclutz@livewireholdings.com. The livewireholdings address came back 14 undeliverable but we received no error message in connection with the email 15 sent to the We Fight Piracy address. 16 th th th 1) Service on Ingenuity 13 L L C . We understand that Ingenuity 13, L L C may be a 17 subsidiary o f Livewire Holdings, L L C . We served Livewire Holdings L L C care 18 of M r . Lutz on March 15 via Federal Express at the address listed on the 19 Livewire Holdings website. We have confirmed that this packet was delivered 20 to this address on March 18 . We also served Livewire Holdings L L C care of 21 M r . Lutz on March 15 via the following e-mail addresses which we believed 22 M r . Lutz has used in the past: mclutz@wefightpiracy.com; 23 mclutz@livewireholdings.com. The livewireholdings address came back 24 undeliverable but we received no error message in connection with the email 25 sent to the We Fight Piracy address. 26 27 28 th th th m) Service on 6881 Forensics, L L C . We served 6881 Forensics, L L C on March th 15 via Federal Express at the last known address for that Company. We have th confirmed that this packet was delivered to this address on March 18 . We also 6 D E C L A R A T I O N OF ANDREW J. W A X L E R R E S E R V I C E OF COURT'S ORDERS O F M A R C H 14,2013 AND M A R C H 15, 2013 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 7 of 12 Page ID #:2147 1 served the Company on March 15 via the following e-mail addresses which we 2 believed it has used in the past: pfhansmeier@wefightpiracy.com; 3 pfhansmeier@6881 forensics.com. The email sent to the 6881 forensics address 4 came back as undeliverable but we received no error message in connection with 5 the email sent to the We Fight Piracy address. 6 7 I declare under the penalty of perjury under the laws of the United States of 8 America that the foregoing is true and correct. This declaration is executed on this 18 9 day of March 2013, in E l Segundo, California. 10 o % J / 11 A N D R E W J. W A X L E R 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 D E C L A R A T I O N OF ANDREW J. W A X L E R R E SERVICE O F COURT'S ORDERS OF M A R C H 14,2013 AND M A R C H IS, 2013 th Case Document 92 Filed 03/18/13 Page 8 of 12 Page ID #:2148 EXHIBIT Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 9 of 12 Page ID #:2149 1 A N D R E W J. W A X L E R , S B N 113682 B A R R Y Z . B R O D S K Y , S B N 93565 2 W O N M . P A R K , S B N 194333 WAXLER oGARNER oBRODSKY LLP 3 1960 East Grand Avenue, Suite 1210 E l Segundo, California 90245 4 Telephone: (310)416-1300 Facsimile: (310)416-1310 5 e-mail: awaxler@wcb-law.com e-mail: bbrodsky@wcb-law.com 6 e-mail: wpark@wcb-law.cdrn 7 Specially Appearing for Respondent BRETT L. GIBBS 8 UNITED STATES DISTRICT C O U R T 9 C E N T R A L DISTRICT OF CALIFORNIA 10 11 12 I N G E N U I T Y 13 L L C , Plaintiff, 13 vs. 14 15 Case N o . 2 : 1 2 - C V - 8 3 3 3 - O D W ( J C x ) [Consolidated with Case Nos.: 2:12-cv-6636; 2:12-cv-6669; 2:12-cv6662;2:12-cv-6668] [Assigned to Judge Otis D . Wright, II ] JOHN DOE, 16 AMENDED PROOF OF SERVICE REGARDING COURT'S M A R C H 14.2013 ORDER T O SHOW CAUSE; M A R C H 15,2013 ORDER Defendant. 17 18 [Complaint Filed: September 27, 2012] 19 Trial date: None set 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 EXHIBIT A Page 8 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 10 of 12 Page ID #:2150 PROOF OF SERVICE 2 STATE OF C A L I F O R N I A ) C O U N T Y OF L O S A N G E L E S ) 3 I am employed in Los Angeles County. M y business address is 1960 E . 4 Grand Avenue, Suite 1210, E l Segundo, California 90245, where this mailing occurred. I am over the age o f 18 years and am not a party to this cause. I am 5 readily familiar with the practices o f W A X L E R * C A R N E R * B R O D S K Y L L P for collection and processing o f correspondence for mailing with the United States 6 Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course o f business. 7 On M a r c h 15, 2013,1 served the foregoing documents on the interested 8 parties in this action entitled as follows: 9 COURT'S MARCH 14, 2013 ORDER TO SHOW CAUSE; MARCH 15, 2013 ORDER 10 [ X X ] by placing [ ] the original [X] true copies thereof enclosed in sealed envelopes addressed as follows: 11 SEE A T T A C H E D AMENDED PROOF OF SERVICE LIST 12 13 [ ] (BY PERSONAL SERVICE) I caused to be hand delivered such envelope to the addressee so indicated. 14 [ X X ] (BY E L E C T R O N I C MAIL): I caused to be served, v i a electronic mail (e-mail), the above-entitled document(s) to the e-mail address o f the 15 addressee(s) so indicated. 16 [ 17 18 ] (BY T H E COURT'S E C F SYSTEM): I caused each such document(s) to be transmitted electronically by posting such document electronically to the E C F website o f the United States District Court for the Central District o f California, on all ECF-registered parties in the action. [ X X ] (BY F E D E R A L EXPRESS) I am "readily familiar with the firm's practice o f collection and processing correspondence for mailing v i a Express M a i l (or another method of delivery providing for overnight delivery pursuant to 20 CCP. ? 1005(b)). Under that practice, it w o u l d be deposited with the United States Postal Service or other overnight delivery carrier (in this case, Federal 21 Express) on that same day with postage thereon fully prepaid at E l Segundo, California in the ordinary course o f business. 22 19 23 24 25 26 27 [ ] (BY FACSIMILE) I caused to be served, v i a facsimile, the above-entitled document(s) to the office o f the addressee so indicated. [ ] (STATE) I declare under penalty o f perjury that the foregoing is true and correct. [ X X ] (FEDERAL) I declare that I am employed in the office of a member o f the bar o f this court at whose direction the services was made. Executed on M a r c h 15, 2013, at E l Segundo, C a l i f o m i a 28 Heather D o d d EXHIBIT A Page 9 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 11 of 12 Page ID #:2151 AMENDED SERVICE LIST Ingenuity 13, LLC v. John Doe 2 United States District Court Case N o . 2 : 1 2 - C V - 8 3 3 3 - O D W (JCx) 3 John Steele, Esq. 4 5 6 7 8 jlsteelefajJivewireholdinas.com ilsteelefmwefightpiracy.com Steele Hansmeier P L L C c/o Prenda Law, Inc. 161 N . Clark Street, Suite 3200 Chicago, IL 60601 paduffy@wefiahtpiracy.com Via E-mail and Federal Express Via E-mail and Federal Exnress 12 A F Holdings, L L C c/o Mark Lutz Livewire Holdings L L C 2 1 0 0 M S t . N W , Suite 170-417 Washington DC, 20037-1233 mclutz@wefi ghtpiracy.com mclutz@livewireholdinas.com Ingenuity 13, L L C c/o Mark Lutz Livewire Holdings L L C 2100 M St. N W , Suite 170-417 Washington DC, 20037-1233 mclutz@wefightpiracv.com mclutz@livewireholdings.com 13 Via E-mail and Federal Express Via E-mail and Federal Express Mark Lutz of Prenda Law, Inc. c/o Livewire Holdings L L C 2100 M St. N W , Suite 170-417 Washington DC, 20037-1233 mclutz@weliahtniracv.com mclutz^livewireJioldinas.com Livewire Holdings L L C 2100 M St. N W , Suite 170-417 Washington DC, 20037-1233 mclutz@wefiahtpiracy.com mclutz@livewireholdings.eom 9 10 11 14 15 16 17 18 19 Via E-mail and Federal Express Via E-mail and Federal Express 22 Alan Cooper C/O Paul Godfread G O D F R E A D L A W F I R M , P.C. 100 South Fifth Street, Suite 1900 Minneapolis, M N 55402 Peter Hansmeier 161 N . Clark Street, Suite 3200 Chicago, IL 60601 pfhansmeier@wefightpiracv.com pfhansmeier@6881 forensics.com 23 paul@godfreadlaw.com Via E-mail and Federal Express 24 Via Email Only as per agreement 25 6881 Forensics, L L C C/O Peter Hansmeier 161 N . Clark Street, Suite 3200 Chicago, IL 60601 pfhansmeier@wefightpiracv.com pfhansmeier@6881 forensics.com Via E-mail and Federal Express 20 21 26 27 28 Prenda Law, Inc. 161 N . Clark Street, Suite 3200 Chicago, IL. 60601 padu ffy @wefightpiracv .com Via E-mail and Federal Express EXHIBIT A Page 10 Case 2:12-cv-08333-ODW-JC Document 92 Filed 03/18/13 Page 12 of 12 Page ID #:2152 Paul Hansmeier, Esq. prh ansme i er@ we fi gh t p i r a c v. c o m prhansmeier@6881 forensics.com prhansmcicr a livewireholdines.com Paul Duffy, Esq. 161 N . Clark Street, Suite 3200 Chicago, IL 60601 p a d u ffv @ w e ti e h t p i r a c v. c o m Via E-mail and Federal Express Via E-mail and Federal Express Angela Van Den Hemel 161 N . Clark Street, Suite 3200 Chicago, IL 60601 akvandenhemel@wefiehtpiracv.com 9 Via E-mail and Federal Exnress 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 EXHIBIT A Page 11