Case3:12-cv-02396-EMC Document108 Filed09/05/13 Page1 of 3 1 2 3 4 Paul Duffy (Bar No. 224159) 2 N. LaSalle Street, 13th Floor Chicago, IL 60601 Phone: (312) 952-6136 E-mail: paduffy@wefightpiracy.com Attorney for Plaintiff 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 AF HOLDINGS LLC, 9 10 11 12 13 14 15 ) ) Plaintiff, ) v. ) ) ) ) ) JOE NAVASCA, ) Defendant. ) ) ____________________________________) Case No. 3:12-cv-2396 EX PARTE APPLICATION TO FILE AFFIDAVIT UNDER SEAL Judge: Hon. Edward M. Chen Magistrate Judge: Hon. Nandor J. Vadas 16 17 18 AF Holdings, LLC ("AF Holdings") hereby appl ies to this Court for an order granting it leave to file an affidavit of its principal, Mark Lutz , under seal. This 19 Court, in setting an evidentiary hearing on Defendant's motion for sanctions, directed, 20 among other things, that a representative of AF Holdings provide certain information 21 set forth in the Court's Order. 22 Mr. Lutz attempted to travel to San Francisco, California from Miami Beach, Florida in order t o testify as a witness at the August 28 23 hearing. HE has informed counsel for Plaintiff that, f or reasons beyond Mr. Lutz' 24 25 control, he was unable to board his plane from Miami Beach to San Francisco. 26 Mr. Lutz thus indicates that he attempted in good faith to be present as a 27 witness at the August 28 evidentiary, and that he wishes to explain to the Court the 28 reasons for his absence, but the reasons are of a very sensitive nature and would EX PARTE Application To File Under Seal No. 3:12-CV-02396-EMC Case3:12-cv-02396-EMC Document108 Filed09/05/13 Page2 of 3 1 expose Mr. Lutz to undue scrutiny, particularly in this case, where counsel for 2 Defendant has artificially publicized its importance t hroughout the country. Plaintiff 3 therefore respectfully requests that this Court grant its representative Mr. Lutz leave 4 to file, under seal, an affidavit explaining and justifying his absence at the August 28, 5 6 2013 hearing. Plaintiff also respectfully r equests that the Court grant leave for Mr. 7 Lutz to file an affidavit to address those matters that the Court requested that he 8 address at the evidentiary hearing. 9 Respectfully submitted, AF Holdings, LLC 10 11 DATED: September 5, 2013 By: s/ Paul A. Duffy One of its attorneys Paul A. Duffy, Esq. 2 N. LaSalle Street 13th Floor Chicago, IL 60602 (312) 952-6136 pduffy@pduffygroup.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 EX PARTE Application To File Under Seal No. 3:12-CV-02396-EMC Case3:12-cv-02396-EMC Document108 Filed09/05/13 Page3 of 3 CERTIFICATE OF SERVICE 1 2 3 The undersigned hereby certifies that on September 5, 2013, all individuals of record who are deemed to have consented to electronic service are being served a true and correct 4 5 6 copy of the foregoing document, and all attachments and related documents, using the Court's ECF system. 7 By: s/ Paul A. Duffy 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 EX PARTE Application To File Under Seal No. 3:12-CV-02396-EMC