Case 2:12-cv-08333-ODW-JC Document 176 Filed 06/06/13 Page 1 of 3 Page ID #:3311 1 2 3 4 5 6 7 8 9 Morgan E. Pietz (SBN 260629) THE PIETZ LAW FIRM 3770 Highland Avenue, Suite 206 Manhattan Beach, CA 90266 mpietz@pietzlawfirm.com Telephone: (310) 424-5557 Facsimile : (310) 546-5301 Nicholas Ranallo (SBN 275016) 371 Dogwood Way Boulder Creek, CA 95006 nick@ranallolawoffice.com Telephone: (831) 703-4011 Fax: (831) 533-5073 Attorneys for Putative John Doe in 2:12-cv-08333-ODW-JC 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 14 15 INGENUITY 13, LLC, a Limited Liability Company Organized Under the Laws of the Federation of Saint Kitts and Nevis, Plaintiff, 16 17 v. 18 19 20 21 22 23 24 25 26 JOHN DOE, Defendant. Case Number: 2:12-cv-08333-ODW-JC [175] 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 [PROPOSED] ORDER DENYING IN XXXXXXXXXX PART AND CONDITIONALLY GRANTING IN PART PAUL DUFFY'S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES 27 28 -1[PROPOSED] ORDER DENYING IN PART AND CONDITIONALLY GRANTING IN PART PAUL DUFFY'S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES Case 2:12-cv-08333-ODW-JC Document 176 Filed 06/06/13 Page 2 of 3 Page ID #:3312 1 The Court has duly considered Paul Duffy's Motion for Approval of Bond and 2 Order Staying Enforcement of May 6 and May 21 Orders Imposing Sanctions and 3 Penalties ("Bond Motion") manually-filed May 23, 2013 (ECF No. 170), and the 4 response thereto filed by the putative John Doe in 12-cv-8333 and his counsel and 5 hereby ORDERS as follows: 6 7 (1) The bond already posted with the Court is conditionally approved as 8 security for this Court's Sanctions Order (ECF No. 130) subject to the 9 following conditions, each of which shall be deemed a part of the bond 10 itself: 11 a. The bond shall be payable to and enforceable by "John Doe or The 12 Pietz Law Firm" 13 b. The bond is made joint and several and may be executed upon if any 14 of the parties to the bond fails to reverse the monetary portion of this 15 Court's Sanctions Order (ECF No. 130) on appeal as to him or it. In 16 other words, if the fee award survives as against any party, the bond 17 may be executed upon even if other parties prevail on appeal. 18 c. The Prenda parties, as well as the surety, are estopped from arguing 19 in any Court other than this one that execution on the bond should 20 be stayed, avoided or otherwise forestalled. This expressly includes 21 an attempt to circumvent execution of the bond through bankruptcy 22 proceedings. The only valid reason to prohibit executing on the 23 instant bond (as amended) should be if all of the Prenda parties 24 prevail on the monetary portion of all of their appeals, as determined 25 by this Court. 26 d. The surety, and each Prenda party relying upon the bond for security 27 shall execute and acknowledgment recognizing the validity of these 28 conditions. Any party who fails to execute and file such an -2[PROPOSED] ORDER DENYING IN PART AND CONDITIONALLY GRANTING IN PART PAUL DUFFY'S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES Case 2:12-cv-08333-ODW-JC Document 176 Filed 06/06/13 Page 3 of 3 Page ID #:3313 1 acknowledgment on the docket within 7 days shall be deemed in 2 violation of this Court's order. 3 (2) Further, the Prenda parties shall be required to post an additional bond 4 in the amount of $135,933.66 (which is the $237,583.66 total, minus 5 the $101,650.00 bond that the Prenda parties other than Mr. Gibbs have 6 already posted) to cover costs on appeal, which includes attorneys fees 7 since the underlying case is a copyright case. Azizian v. Federated Dep't 8 Stores, Inc., 499 F.3d 950, 958 (9th Cir. 2007). The additional bond 9 shall be subject to all the same conditions as the bond noted above. 10 Failure to post the additional bond within 14 days shall result in the 11 imposition of additional sanctions. 12 13 Due to the unique circumstances of this action, which include the fact that 14 underlying order below is a sanctions award for fraudulent conduct and the web of 15 mysterious offshore entities controlled by the Prenda parties, the above conditions 16 are necessary to effect justice. 17 18 DATED: ______________ June 6, 2013 ______________________________ 19 Honorable Otis D. Wright, II 20 United States District Judge 21 22 23 24 25 26 27 28 -3[PROPOSED] ORDER DENYING IN PART AND CONDITIONALLY GRANTING IN PART PAUL DUFFY'S MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 AND MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES