Case 8:12-cv-01685-MSS-MAP Document 49-1 Filed 04/11/13 Page 1 of 3 PageID 416 Exhibit "A" Declaration of Brett Gibbs - 4/11/2013 Case 8:12-cv-01685-MSS-MAP Document 49-1 Filed 04/11/13 Page 2 of 3 PageID 417 DECLARATION OF BRETT L. GIBryS I 2 a J I, Rrett L. Gibbs, declare and state as tollows: 4 l. I am an attorney at law duly licensed to practice before all ol'the courts 5 in the State of 6 and 7 I 9 I could 2. California. I have personal knowledge of the facts sei fkrrth below. and would competently testifo to thern if called upon to do so. I was previously "Of Clounsel" to Prenda Law ancl r,viis ilttorttev of record lbr Prenda Law clients in connection with copyright litigal.ici: in California. 3. At some point in time in 2012, I was asked by John Steele and Paul t0 Hansmeier, who I have previously referenced as "senior tnettiliers"' *1'Prettda La.v; i1 in a declaration submitted in a California District Court.r to h-re a rcsource ttl anslver t2 questions and provide guidance in connectiort with certain copyrigitt cast's Iiled by l3 attorneys hired by Prenda Law in Florida, including Sunlttst [ticiure':;. Ll'{'t'. t4 I{guyen, Case No. 8:12 -cv- 01685 MSS-MAP (the "sunlust Action"). lf Tttittt questions t5 from the Florida counsel arose about issues that I was not ianr!iiar r,t'ittt cit'requireci l6 decisions by Prenda Law's clients, I would raise them 17 r'itli 'lolrn 'Stec'le and Paul Hansmeier and receive instructions from John Steele and Paul Iianstneier that I l8 would then pass onto the Florida counsel. 19 4. For example, the decision to file the Sunlusl Action was rnade bv 20 Messrs. Steele and Flansmeier, the settlement parameters were g,iven ttl ntc hv 2t Messrs. Steele and Hansmeier, and it was Messrs. Steele anci iiansnte-ie-'r who gave lorida counsel in the Sunius[ Aciion' 22 me instructions concerning how to advise the 23 Moreover, I believe that it was Mr. Steele that was responsible lar locatiirg the 24 various Florida counsel to handle the litigatiorr in Floricla on beirali'ci PrencJa Lal'r. 25 26 5. F I have no recollection of taiking to Paul Duffy cottcet'niug, the Sunlusl. Action prior to the Court's November 8, 2012 Order requiring "a princ-iiral of'Prenda 27 28 ' DKT'.58 in Ingentrity, 13, LLCv..lohn[)oe, Case No.: .2:]2 ' c't' 0,9JJ-? ODIV- L{i'. Case 8:12-cv-01685-MSS-MAP Document 49-1 Filed 04/11/13 Page 3 of 3 PageID 418 Law, Inc." to attend that hearing. I no recollection of discussions with Mr. Duf& relating to strategic decisions in this matter. 6. I was told by either Paul Hansmeier or John Steele that Mark [,utz would show up at the November 27,2012 hearing in the Stmlust Action. I believe that it was either John Steele or Paul Hansmeier that made this dec-ision. I was not part of the decision making process which led to Mark Lutz appearing at the November 27th hearing. -l I declare under the penalty of perjury under the laws of the tJnited States of America that the foregoing is true and correct. This declaration is executed on the il Ltnday of April, 2013, n lVl;il futhl-, calirornia. trl ,, t4 I 15 16 r7 18 l9 z0 2l 22 23 24 25 26 27 28 BRETT L.