Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 1 of 97 Page ID #:1194 1 A N D R E W J. W A X L E R , S B N 113682 W O N M . P A R K , S B N 194333 2 W A X L E R o CARNER4BRODSKY LLP 1960 East Grand Avenue, Suite 1210 E l Segundo, California 90245 3 Telephone: (310)416-1300 4 Facsimile: (310)416-1310 e-mail: a w a x 1 er @ wcb-law.com e-mail: wpark@wcb-law.com 5 6 Specially Appearing for Respondent BRETT L. GIBBS 7 8 UNITED STATES DISTRICT C O U R T 9 C E N T R A L D I S T R I C T OF C A L I F O R N I A 10 11 I N G E N U I T Y 13 L L C , Plaintiff, 12 13 Case N o . 2:12-CV-8333-ODW (JCx) [Consolidated with Case Nos.: 2:12-cv-6636; 2:12-cv-6669; 2:12-cv6662;2:12-cv-6668] vs. [Assigned to Judge Otis D . Wright, II ] 14 J O H N D O E , 15 16 17 18 Defendant. B R E T T L . GIBBS' [PROPOSED] O R D E R R E OBJECTIONS T O T H E DECLARATION OF MORGAN E. PIETZ, S U P P L E M E N T A L DECLARATION OF MORGAN E. PIETZ AND D E C L A R A T I O N S O F B A R T H U F F M A N AND C A M I L L E D. K E R R AND EXHIBITS THERETO 19 20 21 [Filed Concurrently with Notice of Lodging] 22 Date: March 11,2013 Time: 1:30 p.m. Dept.: 11 23 [Complaint Filed: September 27, 2012] 24 25 26 27 28 Trial date: None set Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 2 of 97 Page ID #:1195 1 T O A L L PARTIES AND THEIR A T T O R N E Y S O F R E C O R D H E R E I N : 2 Respondent Brett L . Gibbs submits the following proposed order re objections 3 to the Declaration of Morgan E . Pietz, Supplemental Declaration of Morgan E . Pietz 4 and Declarations of Bart Huffman and Camille D . Kerr and exhibits thereto 5 submitted in response to the Court's February 7, 2013 Order to Show Cause. 6 UNTIMELINESS OBJECTIONS 7 Material Objected to: Grounds for Obiection: 8 9 Ruling on Obiection: 1. Supplemental Declaration 1. Untimely fded in Sustained 10 of Morgan E . Pietz and all violation of Court's Overruled 11 exhibits thereto February 7, 2013 Order 12 2. Declaration of Bart 2. Untimely fded in Sustained 13 Huffman and exhibit thereto violation of Court's Overruled 14 February 7, 2013 Order 15 3. Declaration of Camille D . 3. Untimely fded in Sustained 16 Kerr and all exhibits thereto violation of Court's Overruled 17 February 7, 2013 Order 18 19 OBJECTIONS T O D E C L A R A T I O N O F M O R G A N E . PIETZ 20 Material Objected to: Grounds for Objection: 21 Ruling on Obiection: 22 1. 23 1. Irrelevant ( F # ? ??401, Sustained E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation Overruled 24 M y clients in the Prenda cases, and/or Personal 25 including this case, each Knowledge (FRE ?602); 26 received letters from their ISPs Assumes Facts Not In 27 informing them that Prenda Evidence; Improper Declaration of Morgan 28 1 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 3 of 97 Page ID #:1196 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 was attempting to subpoena Characterization of 4 their identity as part of a Evidence. 5 lawsuit. 6 2. 7 2. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation Overruled 8 Generally, my clients are the and/or Personal 9 people who happen to pay the Knowledge (FRE ?602); 10 Internet bill for their Argumentative; Assumes 11 household, not necessarily the Facts Not In Evidence; 12 people who actually committed Improper Characterization 13 the alleged infringement or of Evidence. 14 other wrongful conduct. 15 3. 16 Declaration of Morgan 3. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation Overruled 17 However, Prenda constructs its and/or Personal 18 lawsuits so as to make it Knowledge (FRE ?602); 19 unclear what exactly is the Improper Opinion (FRE ? 20 status of my clients. 701); Speculation (FRE Declaration of Morgan 21 ?602); Argumentative; 22 Assumes Facts Not In 23 Evidence; Improper 24 Characterization of 25 Evidence. 26 4. 27 E. Pietz, pg. 2 f 4, as follows: Declaration of Morgan 4. Irrelevant (FRE ??401, Sustained 402); Lacks Foundation Overruled 28 2 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 4 of 97 Page ID #:1197 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 The complaint does not exactly and/or Personal 4 come out and say that the ISP Knowledge (FRE ?602); 5 subscriber equals the John Doe Improper Opinion (FRE ? 6 defendant. 701); Speculation (FRE 7 ?602); Argumentative; 8 Assumes Facts Not In 9 Evidence; Improper 10 Characterization of 11 Evidence. 12 5. 13 5. Irrelevant (FRE ? ?401, Sustained E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation Overruled 14 However, the requests for early and/or Personal 15 discovery, seeking leave to Knowledge (FRE ?602); 16 issue ISP subpoenas, generally Improper Opinion (FRE 17 tend to conflate ISP subscriber ??701; Speculation (FRE 18 with Doe defendant. ?602); Argumentative; Declaration of Morgan 19 Assumes Facts Not In 20 Evidence; Improper 21 Characterization of 22 Evidence. 23 6. 24 6. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 2 -3 f 5, as 402); Lacks Foundation Overruled 25 follows: I am informed and and/or Personal 26 believe that Chicago law Knowledge (FRE ?602); 27 partners John Steele (formerly Hearsay (FRE ??801(c), Declaration of Morgan 28 3 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 5 of 97 Page ID #:1198 1 Material Objected to: Grounds for Obiection: 2 Ruling on Obiection: 3 a divorce attorney) and Paul 802); Speculation (FRE 4 Hansemeier, of what was then ?602); Assumes Facts Not 5 called Steele Hansemeier, In Evidence; Improper 6 P L L C , began fding copyright Characterization of 7 infringement cases on behalf of Evidence. 8 pornographers on or around 9 September 2, 2010. See, Hard 10 Drive Prod's., Inc. v. Does 1- 11 100, N . D . 111. N o . l:10-cv- 12 0506, E C F No, 1,9/2/10. 13 7. 14 7. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 2 -3 % 5, as 402); Lacks Foundation Overruled 15 follows: Steele Hansemeier's and/or Personal 16 efforts in this regard started to Knowledge (FRE ?602); 17 arouse public attention starting Hearsay (FRE ?? 801(c), 18 at least as early as November 802); Improper Opinion 19 15, 2010, which is the date of a (FRE ?701); Speculation 20 Chicago Tribune article talking (FRE ?602); 21 about M r . Steele's "fight Argumentative; Assumes 22 against porn piracy": Facts Not In Evidence; 23 http://articles.chicagotribune.co Improper Characterization 24 m/2010-11-15/news/ct-met- of Evidence. 25 porn-attorney- 20101115 26 1 face-lawsuit-anti-piracy- 27 campaign-copyright-violators Declaration of Morgan 28 4 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 6 of 97 Page ID #:1199 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 8. 4 8. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 16, as follows: 402); Lacks Foundation Overruled 5 I am informed and believe that and/or Personal 6 since the early days of Steele Knowledge (FRE ?602); 7 Hansemeier, in addition to M r . Hearsay (FRE 8 Steele, both Paul Hansemeier, 802); Speculation (FRE 9 an attorney, and Paul's brother ?602); Argumentative; 10 Peter Hansemeier, who is Assumes Facts Not In 11 purportedly knowledgeable Evidence; Improper 12 about computers, have played Characterization of 13 an active role in the copyright Evidence. 14 litigation cases fded by this 15 firm. 16 9. 17 Declaration of Morgan ??801(c), 9. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 16, as follows: 402); Lacks Foundation Overruled 18 Typically, Peter Hansemeier and/or Personal 19 would sign declarations in Knowledge (FRE ?602); 20 Steele Hansemeier (and later, Hearsay (FRE ??$01 (c), 21 Prenda Law, Inc.) copyright 802); Improper Opinion 22 cases, averring that he had (FRE ?701); Speculation 23 logged IP addresses that were (FRE ?602); 24 allegedly used to download Argumentative; Assumes 25 pornography illegally using the Facts Not In Evidence; 26 BitTorrent file sharing Improper Characterization 27 protocol. of Evidence. Declaration of Morgan 28 5 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 7 of 97 Page ID #:1200 1 Material Obiected to: Grounds for Objection: 2 Ruling on Obiection: 3 10. 4 10. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 1 7, as follows: 402); Lacks Foundation Overruled 5 It did not take long for courts and/or Personal 6 to begin expressing skepticism Knowledge (FRE ?602); 7 about Prenda's BitTorrent Improper Opinion (FRE 8 lawsuits. ?701); Speculation (FRE Declaration of Morgan 9 ?602); Argumentative; 10 Assumes Facts Not In 11 Evidence; Improper 12 Characterization of 13 Evidence. 14 11. 15 11. Irrelevant (FRE Sustained E. Pietz, pg. 3 1 7, as follows: ??401,402); Lacks Overruled 16 In early 2011, Judge Milton Foundation and/or 17 Shadur of the Northern District Personal Knowledge (FRE 18 of Illinois, who sits in Chicago, ?602); Hearsay (FRE 19 where Steele Hansemeier was ??801(c), 802); Improper 20 originally based, dismissed one Opinion (FRE ?701); 21 of the firm's early cases, Speculation (FRE ?602); 22 wherein M r . Steele had sought Argumentative; Assumes 23 to subpoena ISP subscriber Facts Not In Evidence; 24 information from all over the Improper Characterization 25 Country. See CP Productions, of Evidence. 26 Inc. v. Does 1-300, No. 10-cv- 27 6255 (N.D. 111. March 2, 2011) Declaration of Morgan 28 6 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 8 of 97 Page ID #:1201 1 Material Obiected to: Grounds for Obiection: 2 Ruling on Obiection: 3 (Shadur, Sen. J.) (minute order) 4 ("This Court's February 24, 5 2011 memorandum opinion 6 and order has already sounded 7 the death knell for this action, 8 which has abused the 9 litigation system in more than 10 one way. But because the 11 aggrieved Doe defendants 12 continue to come out of the 13 woodwork with motions to 14 quash, indicating an 15 unawareness of this Court's 16 dismissal of this action, 17 [counsel John Steele] is 18 ordered to appear in court on 19 March 9, 2011 at 9:00 a.m. 20 Counsel will be expected to 21 discuss what steps should be 22 taken to apprise all of the 23 targeted "Doe" defendants that 24 they will not be subject to any 25 further trouble or expense as a 26 result of this ill-fated (as well 27 as ill-considered) lawsuit.") 28 7 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 9 of 97 Page ID #:1202 1 Material Obiected to: Grounds for Obiection: 2 Ruling on Obiection: 3 (emphasis added); see also Boy 4 Racer, Inc. v. Does 1-22, No. 5 11 C 2984, Slip Op. (N.D. 111. 6 M a y 9, 2011) (Shadur, Sen. J.) 7 (noting that the Court "rejected 8 attorney Steele's effort to shoot 9 first and identify his targets 10 later," and making clear that 11 suits against a "passel of 12 'Does'" would not get 13 anywhere in that Court). 14 12. 15 12. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 4 % 8, as follows: 402); Lacks Foundation Overruled 16 Undeterred, Steele Hansemeier and/or Personal 17 actually expanded. Knowledge (FRE ?602); Declaration o f Morgan 18 Improper Opinion (FRE 19 ?701); Speculation ( F # ? 20 ?602); Argumentative; 21 Assumes Facts Not In 22 Evidence; Improper 23 Characterization of 24 Evidence. 25 13. 26 27 13. Irrelevant (FRE Sustained E. Pietz, pg. 4 1 8, as follows: ??401,402); Lacks Overruled I am informed and believe that Foundation and/or Declaration o f Morgan 28 8 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 10 of 97 Page ID #:1203 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 starting in March, 2011, Steele Personal Knowledge (FRE 4 Hansemeier, through attorney ?602); Hearsay (FRE 5 Brett L . Gibbs in California, ??801(c), 802); Improper 6 began filing cases outside of Opinion (FRE ?701); 7 Illinois. Speculation (FRE ?602); 8 Argumentative; Assumes 9 Facts Not In Evidence; 10 Improper Characterization 11 of Evidence. 12 14. 13 14. Irrelevant (FRE Sustained E. Pietz, pg. 4 f 8, as follows: ??401,402); Lacks Overruled 14 M r , Gibbs, under the banner of Foundation and/or 15 Steele Hansemeier, P L L C , Personal Knowledge (FRE 16 filed a slew of actions in the ?602); Hearsay (FRE 17 Northern District of California ??801(c), 802); Improper 18 on behalf of various Opinion (FRE ?701); 19 pornographers. See, e.g., Speculation (FRE ?602); 20 MCGIP, LLCv. Argumentative; Assumes 21 N . D . Cal. Case No. 12-cv- Facts Not In Evidence; 22 1495, E C F N o . 1,3/28/11. Improper Characterization Declaration of Morgan Does 1-18, 23 of Evidence. 24 15. 25 15. Irrelevant (FRE Sustained E. Pietz, pg. 4 f 8, as follows: ??401,402); Lacks Overruled 26 Steele Hansemeier, through Foundation and/or 27 other attorneys, also began Personal Knowledge (FRE Declaration of Morgan 28 9 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 11 of 97 Page ID #:1204 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 filing actions in other states ?602); Hearsay (FRE 4 around the country, including ??801(c), 802); Improper 5 the Southern District of Opinion (FRE ?701); 6 Florida, among other places. Speculation (FRE ?602); 7 Argumentative; Assumes 8 Facts Not In Evidence; 9 Improper Characterization 10 of Evidence. 11 16. 12 16. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 4 19, as follows: 402); Lacks Foundation Overruled 13 Since the early days of Steele and/or Personal 14 Hansemeier, the individuals Knowledge (FRE ?602); 15 noted above have maintained Speculation (FRE ?602); 16 the same website, located at Assumes Facts Not In 17 wefightpiracy.com. Evidence; Improper Declaration of Morgan 18 Characterization of 19 Evidence. 20 17. 21 17. Irrelevant (FRE Sustained E. Pietz, pg. 4 19, as follows: ??401,402); Lacks Overruled 22 Exhibit A - True and correct Foundation and/or 23 copies of several iterations of Personal Knowledge (FRE 24 the wefightpiracy.com website, ?602); Hearsay (FRE 25 showing how it has changed ??801(c), 802); 26 over time, as downloaded by Speculation (FRE ?602); 27 me from web.archive.org, as Improper Characterization Declaration of Morgan 28 10 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 12 of 97 Page ID #:1205 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 well as a screenshot from the of Evidence; Improper 4 site as it appeared live on Authentication of 5 January 14, 2013, are attached Document (FRE ?901). 6 hereto as Exhibit A. 7 18. 8 9 18. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 4 110, as follows: 402); Lacks Foundation Overruled I am informed and believe that and/or Personal 10 in November of 2011, Steele Knowledge (FRE ?602); 11 Hansemeier, P L L C gave way Hearsay (FRE 12 to "Prenda Law, Inc.," an 802); Speculation (FRE 13 entity organized under the laws ?602); Assumes Facts Not 14 of the State of Illinois. In Evidence; Improper Declaration o f Morgan ??801(c), 15 Characterization of 16 Evidence. 17 19. 18 19. Irrelevant (FRE Sustained E. Pietz, pg. 4 110, as follows: ??401,402); Lacks Overruled 19 Curiously, "Prenda Law, Inc." Foundation and/or 20 appears to have been organized Personal Knowledge (FRE 21 as a regular corporation, not a ?602); Hearsay (FRE 22 professional corporation. ??801(c), 802); Declaration of Morgan 23 Speculation (FRE ?602); 24 Assumes Facts Not In 25 Evidence; Improper 26 Characterization of 27 Evidence. 28 11 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 13 of 97 Page ID #:1206 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 20. 4 E. Pietz, pg. 4 1 10, as follows: ??401,402); Lacks 5 Exhibit B - A tme and correct 6 copy of the entity detail for Personal Knowledge (FRE 7 Prenda Law, Inc. on the Illinois ?602); Hearsay (FRE 8 Secretary of State website as of ??801(c), 802); 9 January 9, 2013 is attached Speculation (FRE ?602); hereto as Exhibit B. Sustained Foundation and/or Assumes Facts Not In 10 Declaration of Morgan 20. Irrelevant (FRE 11 Evidence; Improper 12 Characterization of 13 Evidence; Improper 14 Authentication of 15 Overmled Document (FRE ?901). 21. Irrelevant (FRE Sustained E. Pietz, pg. 4-5 111, as ??401,402); Lacks Overmled 18 follows: I am informed and Foundation and/or 19 believe that after the switch Personal Knowledge (FRE 20 from Steele Hansemeier, P L L C ?602); Hearsay (FRE 21 to Prenda Law, Inc., the firm ??801(c), 802); Improper 22 continued to file cases on Opinion (FRE ?701); 23 behalf of the same group of Speculation (FRE ?602); 24 clients, most, i f not all of Argumentative; Assumes 25 whom, produce pornography Facts Not In Evidence; 26 and/or hold some kind of Improper Characterization 27 copyright rights to of Evidence; Improper 16 21. 17 Declaration of Morgan 28 12 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 14 of 97 Page ID #:1207 1 Material Obiected to: Grounds for Objection: 2 3 Ruling on Obiection: pornography. 4 authentication of document (FRE ?901). 5 22. 6 22. Irrelevant (FRE Sustained E. Pietz, pg. 4-5 111, as ??401,402); Lacks Overruled 7 follows: These clients of Foundation and/or 8 Prenda included: Personal Knowledge (FRE 9 Declaration of Morgan o A F Holdings, L L C ; ?602); Hearsay (FRE 10 o Arte de Oaxaca, L L C ; ??801(c), 802); 11 o Boy Racer, Inc.; Speculation (FRE ?602); 12 o Bubble Gum Assumes Facts Not In 13 Productions, L L C ; Evidence; Improper 14 o C P Productions, Inc.; Characterization of 15 o First Time Videos, Evidence. 16 LLC; 17 o Future Blue, Inc.; 18 o Guava, L L C ; 19 o Hard Drive 20 Productions, Inc.; 21 o Ingenuity 13, L L C ; 22 o Lightspeed Media 23 Corporation; 24 o 25 o Millenniuem T G A , 26 Inc.; 27 o Openmind Solutions, MCGIP,LLC; 28 13 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 15 of 97 Page ID #:1208 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 Inc.; 4 o Pacific Century 5 International Ltd.; 6 o Pink Lotus 7 Entertainment L L C ; 8 o Sunlust Pictures, L L C ; 9 o V P R Internationale; 10 23. 11 23. Irrelevant (FRE Sustained E. Pietz, pg. 4-5 f 11, as ??401,402); Lacks Overruled 12 follows: Between September Foundation and/or 13 2, 2010 and February 24, 2012, Personal Knowledge (FRE 14 Prenda filed over 118 ?602); Hearsay (FRE 15 copyright infringement actions ??801(c), 802); 16 in various federal courts Speculation (FRE ?602); 17 around the country, against Assumes Facts Not In 18 more than 15,000 John Doe Evidence; Improper 19 Defendants, on behalf of some Characterization of 20 of the above entities. Evidence. 21 24. 24. Irrelevant (FRE ??401, Sustained 22 E. Pietz, pg. 5-6 112, as 402); Lacks Foundation Overruled 23 follows: I am informed and and/or Personal 24 believe that after the switch Knowledge (FRE ?602); 25 from Steele Hansemeier, L L C Hearsay (FRE ??801(c), 26 to Prenda Law, Inc., attorney 802); Speculation (FRE 27 Paul D u f f y became the new ?602); Assumes Facts Not Declaration of Morgan Declaration of Morgan 28 14 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 16 of 97 Page ID #:1209 1 Material Objected to: Grounds for Obiection: 2 3 Ruling on Obiection: nominal head of Prenda Law. In Evidence; Improper 4 Characterization of 5 Evidence. 25. Irrelevant (FRE Sustained E. Pietz, pg. 5-6 f 12, as ??401,402); Lacks Overruled 8 follows: John Steele and Brett Foundation and/or 9 Gibbs continued to fde Personal Knowledge (FRE 10 pleadings and communicate ?602); Hearsay (FRE 11 with opposing counsel on ??801(c), 802); 12 behalf of Prenda, but typically Speculation (FRE ?602); 13 referred to themselves as "of Assumes Facts Not In 14 counsel." Evidence; Improper 6 25. 7 Declaration of Morgan 15 Characterization of 16 Evidence. 26. Irrelevant (FRE Sustained E. Pietz, pg. 5-6 112, as ??401,402); Lacks Overruled 19 follows: Prenda also fded Foundation and/or 20 many cases through "local Personal Knowledge (FRE 21 counsel" in various ?602); Hearsay (FRE 22 jurisdictions, where Prenda ??801(c), 802); Improper 23 Law was not technically on the Opinion (FRE ?701); 24 pleadings, but was actually Speculation (FRE ?602); 25 steering the litigation. See, Argumentative; Assumes 26 e.g., Sunlust Pictures, Inc. v. Facts Not In Evidence; 27 Tuan Nguyen, M . D . F l . Case Improper Characterization 17 26. 18 Declaration of Morgan 28 15 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 17 of 97 Page ID #:1210 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 No. 8:12-CV-1685-T-35MAP. of Evidence. 4 27. 27. Irrelevant (FRE Sustained 5 E. Pietz, pg. 5-6 f 12, as ??401,402); Lacks Overruled 6 follows: Exhibit C - A true Foundation and/or 7 and correct copy of a complaint Personal Knowledge (FRE 8 fded by local counsel Matthew ?602); Hearsay (FRE 9 Jenkins of Nebraska, fded for ??801(c), 802); 10 Prenda on behalf of Lightspeed Speculation (FRE ?602); 11 Media Corporation is attached Assumes Facts Not In 12 hereto as Exhibit C. Evidence; Improper Declaration of Morgan 13 Characterization of 14 Evidence; Improper 15 Authentication of 16 Document (FRE ?901). 17 28. 18 28. Irrelevant (FRE Sustained E. Pietz, pg. 5-6 f 12, as ??401,402); Lacks Overruled 19 follows: This document shows Foundation and/or 20 how the email address used by Personal Knowledge (FRE 21 local counsel on the leadings ?602); Hearsay (FRE 22 was Brett Gibbs' email ??801(c), 802); 23 address, Speculation (FRE ?602); 24 blgibbs(a)wefightpiracy.com. Argumentative; Assumes Declaration of Morgan 25 Facts Not In Evidence; 26 Improper Characterization 27 of Evidence. 28 16 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 18 of 97 Page ID #:1211 1 Material Obiected to: Grounds for Objection: 2 Ruling on Obiection: 3 29. 4 E. Pietz, pg. 5-6 1 12, as 5 follows: I do not believe this is Foundation and/or 6 an isolated incident, of local Personal Knowledge (FRE 7 counsel from Prenda using M r . ?602); Hearsay (FRE 8 Gibbs' email address on ??801(c), 802); Improper 9 pleadings. Opinion (FRE ?701); Declaration of Morgan 29. Irrelevant (FRE Sustained ??401,402); Lacks Overruled 10 Speculation (FRE ?602); 11 Argumentative; Assumes 12 Facts Not In Evidence; 13 Improper Characterization 14 of Evidence. 15 30. 16 30. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 6 113, as follows: 402); Lacks Foundation Overruled 17 I am informed and believe that and/or Personal 18 as of April 12, 2012, John Knowledge (FRE ?602); 19 Steele was still identifying Hearsay (FRE 20 himself as " o f counsel" to 802); Speculation (FRE 21 Prenda Law, Inc. ?602); Argumentative; Declaration of Morgan ??801(c), 22 Assumes Facts Not In 23 Evidence; Improper 24 Characterization of 25 Evidence. 26 31. 27 E. Pietz, pg. 6 f 13, as follows: Declaration of Morgan 31. Irrelevant (FRE Sustained ??401,402); Lacks Overruled 28 17 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 19 of 97 Page ID #:1212 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 Exhibit D - Attached hereto as Foundation and/or 4 Exhibit D is a true and correct Personal Knowledge (FRE 5 copy of a pro hac vice ?602); Hearsay (FRE 6 application M r . Steele fded in ??801(c), 802); 7 an important mutli-Doe case Speculation (FRE ?602); 8 pending in Washington, D . C . Argumentative; Assumes 9 AF Holdings, LLC v. Does 1- Facts Not In Evidence; 10 1058, D.D.C. N o . 12-cv-0048- Improper Characterization 11 B A H , E C F No. 32, 4/20/12. of Evidence; Improper 12 Authentication of 13 Document (FRE ?901). 32. Irrelevant (FRE Sustained E. Pietz, pg. 6 113, as follows: ??401,402); Lacks Overruled 16 In the application, M r . Steele Foundation and/or 17 recites that he is " o f counsel Personal Knowledge (FRE 18 with the law firm of Prenda ?602); Hearsay (FRE 19 Law, Inc." ??801(c), 802); 14 32. 15 Declaration of Morgan 20 Speculation (FRE ?602); 21 Argumentative; Assumes 22 Facts Not In Evidence; 23 Improper Characterization 24 of Evidence. 25 33. 26 E. Pietz, pg. 6 1 14, as follows: 402); Lacks Foundation 27 I am informed and believe that Declaration of Morgan 33. Irrelevant (FRE ??401, and/or Personal 28 18 Sustained Overruled Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 20 of 97 Page ID #:1213 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 where courts have allowed Knowledge (FRE ?602); 4 Prenda to utilize the subpoena Hearsay (FRE ??801(c), 5 power to obtain subscriber 802); Improper Opinion 6 information from ISPs, over (FRE ?701); Speculation 7 ISP and subscriber objections, (FRE ?602); 8 the result has been a stream of Argumentative; Assumes 9 unrelenting, debt collector style Facts Not In Evidence; 10 harassment, all designed to Improper Characterization 11 pressure these ISP subscribers of Evidence. 12 to quickly settle their cases. 13 34. 14 E. Pietz, pg. 6 1 14, as follows: ??401,402); Lacks 15 Prenda sends out misleading Foundation and/or 16 demand letters. Personal Knowledge (FRE Declaration of Morgan 34. Irrelevant (FRE 17 ??801(c), 802); Improper 19 Opinion (FRE ?701); 20 Speculation (FRE ?602); 21 Argumentative; Assumes 22 Facts Not In Evidence; 23 Improper Characterization 24 Overruled ?602); Hearsay (FRE 18 Sustained of Evidence. 25 35. 26 27 35. Irrelevant (FRE* Sustained E. Pietz, pg. 6 f 14, as follows: ??401,402); Lacks Overruled Exhibit E - A true and correct Foundation and/or Declaration of Morgan 28 19 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 21 of 97 Page ID #:1214 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 copy of such a letter is attached Personal Knowledge (FRE 4 hereto as Exhibit E . ?602); Hearsay (FRE 5 ??801(c), 802); Improper 6 Opinion (FRE ?701); 7 Speculation (FRE ?602); 8 Argumentative; Assumes 9 Facts Not In Evidence; 10 Improper Characterization 11 of Evidence; Improper 12 Authentication of 13 Document (FRE ?901). 14 36. 15 Declaration of Morgan 36. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 6 115, as follows: 402); Lacks Foundation Overruled 16 In particular, note how the and/or Personal 17 letter, on page 1, identifies Knowledge (FRE ?602); 18 "Your IP address you were Hearsay (FRE ??801(c), 19 assigned during your 802); Improper Opinion 20 activity." Id. p.l (emphasis (FRE ?701); Speculation 21 added). (FRE ?602); illegal 22 Argumentative; Assumes 23 Facts Not In Evidence; 24 Improper Characterization 25 of Evidence. 26 37. 27 E. Pietz, pg. 6 % 15, as follows: ??401,402); Lacks Declaration of Morgan 37. Irrelevant (FRE 28 20 Sustained Overruled Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 22 of 97 Page ID #:1215 1 Material Obiected to: Grounds for Objection: Ruling on Obiection: 2 3 Thus the letters sent to ISP Foundation and/or 4 subscribers tend to conflate the Personal Knowledge (FRE 5 ISP subscriber with the actual ?602); Hearsay (FRE 6 infringer. ??801(c), 802); Improper 7 Opinion (FRE ?701); 8 Speculation (FRE ?602); 9 Argumentative; Assumes 10 Facts Not In Evidence; 11 Improper Characterization 12 of Evidence. 13 38. 14 E. Pietz, pg. 6 1 15, as follows: ??401,402); Lacks 15 Another scare tactic are the 16 citations to cases awarding Personal Knowledge (FRE 17 astronomical statutory ?602); Hearsay (FRE 18 damages, without explaining ??801(c), 802); Improper 19 the importance of willfulness Opinion (FRE ?701); 20 into the calculation of such Speculation (FRE ?602); 21 damages. Id. p. 2. Sustained Foundation and/or Argumentative; Assumes Declaration of Morgan 38. Irrelevant (FRE 22 Facts Not In Evidence; 23 Improper Characterization 24 Overruled of Evidence. 25 39. 26 27 39. Irrelevant (FRE ??401, Sustained E . Pietz, pg. 6-7 1 16, as 402); Lacks Foundation Overruled follows: I am informed and and/or Personal Declaration of Morgan 28 21 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 23 of 97 Page ID #:1216 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 believe that once Prenda has Knowledge (FRE ?602); 4 obtained a subscriber's Hearsay (FRE ?? 801(c), 5 information, in addition to 802); Improper Opinion 6 sending out demand letters, it (FRE ?701); Speculation 7 also begins calling that person (FRE ?602); 8 incessantly, with threats that i f Argumentative; Assumes 9 they do not settle, they will be Facts Not In Evidence; 10 "named" in a federal lawsuit Improper Characterization 11 accusing them of illegally of Evidence. 12 downloading pornography. 13 40. 14 40. Irrelevant (FRE Sustained E. Pietz, pg. 6 - 7 1 1 6 , as ??401,402); Lacks Overruled 15 follows: I have never received Foundation and/or 16 one of these phone calls Personal Knowledge (FRE 17 personally, but multiple ?602); Hearsay (FRE 18 potential and actual clients of ??801(c), 802); Improper 19 mine have told me much the Opinion (FRE ?701); 20 same story in this regard: Speculation (FRE ?602); 21 sometimes as many as three Argumentative; Assumes 22 phone calls a day, sometimes Facts Not In Evidence; 23 non for a month, but then they Improper Characterization 24 would start back up again, of Evidence. 25 according to no discernible 26 pattern. 27 41. Declaration of Morgan Declaration of Morgan 41. Irrelevant (FRE ??401, 28 22 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 24 of 97 Page ID #:1217 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 E. Pietz, pg. 7 1 17, as follows: 402); Lacks Foundation 4 Similarly, I am informed and and/or Personal 5 believe, because several Knowledge (FRE ?602); 6 potential and actual clients Hearsay (FRE 7 have told me so, that the phone 802); Improper Opinion 8 calls included so-called "robo- (FRE ?701); Speculation 9 calls," where it was a machine (FRE ?602); 10 doing the dialing. See: Argumentative; Assumes 11 http://dietrolldie.com/2012/06/ Facts Not In Evidence; 12 16/prenda-robo-calls- Improper Characterization 13 stupidity-gone-automatic/ of Evidence; Improper Overruled ??801(c), 14 Authentication of 15 Document (FRE ?901). 16 42. 17 E. Pietz, pg. 7 % 18, as follows: ??401,402); Lacks 18 I am informed and believe that Foundation and/or 19 most of the people working in Personal Knowledge (FRE 20 the Prenda call centers are not ?602); Hearsay (FRE 21 attorneys. ??801(c), 802); Improper Declaration of Morgan 42. Irrelevant (FRE 22 Opinion (FRE ?701); 23 Speculation (FRE ?602); 24 Argumentative; Assumes 25 Facts Not In Evidence; 26 Improper Characterization 27 of Evidence. 28 23 Sustained Overruled Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 25 of 97 Page ID #:1218 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 43. Irrelevant (FRE 3 43. 4 E. Pietz, pg. 7 1 18, as follows: ??401,402); Lacks 5 Rather, they are similar to 6 professional telemarketers or Personal Knowledge (FRE 7 debt collectors, who often work ?602); Hearsay (FRE 8 from specific guidelines, and ??801(c), 802); Improper 9 are possibly paid on Opinion (FRE ?701); commission. Sustained Foundation and/or Speculation (FRE ?602); 10 Declaration of Morgan 11 Argumentative; Assumes 12 Facts Not In Evidence; 13 Improper Characterization 14 Overruled of Evidence. 44. Irrelevant (FRE 15 44. 16 E. Pietz, pg. 7 1 18, as follows: ??401,402); Lacks 17 The common theme in these 18 harassing communications is Personal Knowledge (FRE 19 pressure to "settle." Sustained Foundation and/or ?602); Hearsay (FRE Declaration of Morgan 20 ??801(c), 802); Improper 21 Opinion (FRE ?701); 22 Speculation (FRE ?602); 23 Argumentative; Assumes 24 Facts Not In Evidence; 25 Improper Characterization 26 Overruled of Evidence. 27 45. Declaration of Morgan | 45. Irrelevant ( F R F 28 24 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 26 of 97 Page ID #:1219 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 E. Pietz, pg. 7-8 1 19, as ??401,402); Lacks 4 follows: I am informed and Foundation and/or 5 believe that in February 2012, Personal Knowledge (FRE 6 Prenda Law was forced to ?602); Hearsay (FRE 7 make a damaging admission by ??801(c), 802); Improper 8 Judge Lucy K o h of the Opinion (FRE ?701); S 9 Northern District of California. Overruled Speculation (FRE ?602); 10 Argumentative; Assumes 11 Facts Not In Evidence; 12 Improper Characterization 13 of Evidence. 14 46. 46. Irrelevant (FRE Sustained 15 E. Pietz, pg. 7-8 % 19, as ??401,402); Lacks Overruled 16 follows: After initially Foundation and/or 17 allowing subpoenas but then Personal Knowledge (FRE 18 becoming suspicious of ?602); Hearsay (FRE 19 Prenda's attempt to obtain an ??801(c), 802); Improper 20 extension of the Rule 4(m) Opinion (FRE ?701); 21 service of process deadline, Speculation (FRE ?602); 22 Judge K o h ordered M r . Brett Argumentative; Assumes 23 Gibbs to file a "list of the Facts Not In Evidence; 24 BitTorrent copyright Improper Characterization 25 infringement cases involving of Evidence. 26 multiple joined John Doe 27 Defendants filed [by] Plaintiffs Declaration of Morgan 28 25 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 27 of 97 Page ID #:1220 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 counsel's law firm or 4 predecessor firm in federal 5 court. 6 47. 7 47. Irrelevant (FRE Sustained E. Pietz, pg. 7-8 f 19, as ??401,402); Lacks Overruled 8 follows: Foundation and/or 9 name, case number, court, and Personal Knowledge (FRE filing date. ?602); Hearsay (FRE 10 Declaration of Morgan Identify the case by 11 ??801(c), 802); Improper 12 Opinion (FRE ?701); 13 Speculation (FRE ?602); 14 Argumentative; Assumes 15 Facts Not In Evidence; 16 Improper Characterization 17 of Evidence. 18 48. 19 48. Irrelevant (FRE Sustained E. Pietz, pg. 7 - 8 1 1 9 , as ??401,402); Lacks Overruled 20 follows: For each case, Foundation and/or 21 indicate how many Doe Personal Knowledge (FRE 22 defendants were actually ?602); Hearsay (FRE 23 served." AF Holdings ??801(c), 802); Improper 24 1-135, N . D . C a l . Case No. Opinion (FRE ?701); 25 5:11 -cv-0336-LHK, E C F No. Speculation (FRE ?602); 26 42, 2/23/12. Argumentative; Assumes 27 Declaration of Morgan v. Does Facts Not In Evidence; 28 26 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 28 of 97 Page ID #:1221 1 Material Obiected to: Grounds for Obiection: 2 Ruling on Obiection: 3 Improper Characterization 4 of Evidence. 5 49. 6 49. Irrelevant (FRE Sustained E. Pietz, pg. 7-81 19, as ??401,402); Lacks Overruled 7 follows: Judge K o h asked just Foundation and/or 8 the right question. Personal Knowledge (FRE Declaration of Morgan 9 ?602); Hearsay (FRE 10 ??801(c), 802); Improper 11 Opinion (FRE ?701); 12 Speculation (FRE ?602); 13 Argumentative; Assumes 14 Facts Not In Evidence; 15 Improper Characterization 16 of Evidence. 17 50. 18 50. Irrelevant (FRE Sustained E. Pietz, pg. 7-81 19, as ??401,402); Lacks Overruled 19 follows: The next day, M r . Foundation and/or 20 Gibbs fded a status report with Personal Knowledge (FRE 21 an Exhibit disclosing that over ?602); Hearsay (FRE 22 the year and a half prior, ??801(c), 802); 23 Prenda L a w f/k/a Steele Speculation (FRE ?602); 24 Hansemeier, had fded 118 Argumentative; Assumes 25 multiple-defendant Facts Not In Evidence; 26 against a staggering 27 Doe defendants, Declaration of Morgan cases, 15,878 but they had Improper Characterization of Evidence. 28 27 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 29 of 97 Page ID #:1222 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 served zero (0) John Does in 4 any of these cases. Id, at E C F 5 No, 43-1,2/24/12. pp. 4-6. 6 51. 7 51. Irrelevant (FRE Sustained E. Pietz, pg. 7-8 119, as ??401,402); Lacks Overruled 8 follows: Exhibit F - A true Foundation and/or 9 and correct copy of this Exhibit Personal Knowledge (FRE Declaration of Morgan 10 A to the status report, which ?602); Hearsay (FRE 11 lists Prenda' cases, is attached ??801(c), 802); 12 hereto as Exhibit F. Speculation (FRE ?602); 13 Argumentative; Assumes 14 Facts Not In Evidence; 15 Improper Characterization 16 of Evidence; Improper 17 Authentication of 18 Document (FRE ?901). 19 52. 20 52. Irrelevant (FRE Sustained E. Pietz, pg. 7-8 f 19, as ??401,402); Lacks Overruled 21 follows: Specifically, the Foundation and/or 22 status report stated, as to the Personal Knowledge (FRE 23 list of the 118 cases, "Although ?602); Hearsay (FRE 24 our records indicate that we ??801(c), 802); Improper 25 have filed suits against Characterization of 26 individual copyright Evidence. 27 infringement defendants, our Declaration of Morgan 28 28 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 30 of 97 Page ID #:1223 1 Material Obiected to: Grounds for Objection: 2 Ruling on Obiection: 3 records indicate that no 4 defendants have been served in 5 any of the below-listed cases." 6 53. 7 E. Pietz, pg. 8 % 20, as follows: 402); Lacks Foundation 8 I am informed and believe that and/or Personal 9 once word of this admission by Knowledge (FRE ?602); 10 Prenda got out (defense Hearsay ( F R F ??801(c), 11 attorneys began including the 802); Improper Opinion 12 status report as an exhibit to ( F R E ?701); Speculation 13 motions to quash in other (FRE ?602); 14 cases) Prenda rightly Argumentative; Assumes 15 recognized that in order to have Facts Not In Evidence; 16 any credibility with both the Improper Characterization 17 courts and the people it was of Evidence. 18 threatening with suit, it was 19 going to have to start naming 20 and serving some people. 21 54. 22 Declaration of Morgan 53. Irrelevant (FRE ??401, Sustained Overruled 54. Irrelevant (FRE Sustained E. Pietz, pg. 8 120, as follows: ??401,402); Lacks Overruled 23 So, from a list of what I Foundation and/or 24 suspect must be several Personal Knowledge (FRE 25 thousand ISP subscribers who ?602); Hearsay (FRE 26 it has identified in prior court ??801(c), 802); Improper 27 actions where the courts Opinion (FRE ?701); Declaration of Morgan 28 29 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 31 of 97 Page ID #:1224 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 allowed the ISP subpoenas, Speculation (FRE ?602); 4 Prenda started naming and Argumentative; Assumes 5 serving some individual Facts Not In Evidence; 6 defendants, a few at a time. Improper Characterization 7 of Evidence. 8 55. 9 E. Pietz, pg. 8 % 20, as follows: ??401,402); Lacks Declaration of Morgan 55. Irrelevant (FRE 10 Once it did start serving people, Prenda used the Personal Knowledge (FRE 12 opportunity to create a section ?602); Hearsay (FRE 13 on its website where it could ??801(c), 802); Improper 14 publicly shame the defendants Opinion (FRE ?701); 15 it went after individually, with Speculation (FRE ?602); 16 searchable links to their names, Argumentative; Assumes 17 and to the case documents, as a Facts Not In Evidence; 18 warning to the many John Improper Characterization 19 Doe's its "settlement of Evidence. 20 negotiators" were still actively 21 pursuing. 22 56. 23 E. Pietz, pg. 8 % 20, as follows: ??401,402); Lacks 24 As of January 11, 2013, this Foundation and/or 25 section of Prenda's website Personal Knowledge (FRE 26 lists 140 cases against ?602); Hearsay (FRE 27 individual, named defendants ??801(c), 802); Improper Overruled Foundation and/or 11 Sustained Declaration of Morgan 56. Irrelevant (FRE 28 30 Sustained Overruled Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 32 of 97 Page ID #:1225 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 (although many o f these suits Opinion (FRE ?701); 4 have already been dismissed, Speculation (FRE ?602); 5 usually without prejudice, at Argumentative; Assumes 6 the first hint of litigation Facts Not In Evidence; 7 difficulty). Improper Characterization 8 9 of Evidence. 57. Declaration of Morgan 57. Irrelevant (FRE Sustained Overruled 10 E. Pietz, pg. 8 120, as follows: ??401,402); Lacks 11 Each of these listings identifies Foundation and/or 12 the plaintiff by name. Personal Knowledge (FRE 13 ?602); Hearsay (FRE 14 ??801(c), 802); Improper 15 Opinion (FRE ?701); 16 Speculation (FRE ?602); 17 Argumentative; Assumes 18 Facts Not In Evidence; 19 Improper Characterization 20 of Evidence. 21 58. 22 E. Pietz, pg. 8 1 20, as follows: ??401,402); Lacks 23 The page also separately lists Foundation and/or 24 208 lawsuits Prenda has filed Personal Knowledge (FRE 25 against John Does, which are ?602); Hearsay (FRE 26 described as "Recent Cases ??801(c), 802); Improper 27 Against Soon-to-be-Identified Opinion (FRE ?701); Declaration of Morgan 58. Irrelevant (FRE 28 31 Sustained Overruled Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 33 of 97 Page ID #:1226 1 Material Obiected to: Grounds for Objection: 2 Ruling on Obiection: 3 Individuals." See Speculation (FRE ?602); 4 http://wefightpiracy.com/suits- Argumentative; Assumes 5 against-individuals.php, Facts Not In Evidence; 6 January 11,2013. as of 7 Improper Characterization of Evidence. 8 59. 9 59. Irrelevant (FRE Sustained E. Pietz, pg. 8-9 f 21, as ??401,402); Lacks Overruled 10 follows: I am informed and Foundation and/or 11 believe that on multiple Personal Knowledge (FRE 12 occasions, in half-hearted ?602); Hearsay (FRE 13 attempts to request an ??801(c), 802); Improper 14 extension of the Rule 4(m) Opinion (FRE ?701); 15 deadline, but explain why no Speculation (FRE ?602); 16 service has yet been effected in Argumentative; Assumes 17 his case, M r . Gibbs has Facts Not In Evidence; 18 explained that the lack of Improper Characterization 19 service should be excused of Evidence; Improper 20 because he cannot, consistent Authentication of 21 with Rule 11(b)(3), form the Document (FRE ?901). 22 "reasonable basis" necessary to 23 support a factual allegation that 24 an ISP subscriber is the actual 25 infringer without some kind of 26 further discovery beyond the 27 mere fact that a person happens Declaration of Morgan 28 32 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 34 of 97 Page ID #:1227 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 to pay the Internet bill. Hard 4 Drive Prod's, v. Doe, N . D . 5 Cal. Case No. 22-1566, E C F 6 No. 29, 11/11/11 (status report 7 filed by Brett Gibbs); see also 8 Boy Racer, Inc. v. Does 1-52, 9 2011 W L 7402999 (N.D. Cal, 10 2011) (Mr. Gibbs admitted that 11 the ISP subpoenas "were not 12 sufficient to 'fully identify' 13 'each P2P network user 14 suspected of violating the 15 plaintiffs copyright'"); Hard 16 Drive Productions 17 4:1 l-cv-05634-PJH, E C F No. 18 9, pp. 9-10, 1/6/12 (plaintiffs 19 ex parte application for further 20 discovery, seeking leave to 21 depose an ISP subscriber) (Mr. 22 Gibbs represented to the Court 23 that "Plaintiff must conduct 24 additional limited ex parte 25 discovery [beyond the 26 subpoenas which had already 27 been issued] to determine who v. Doe, N o . 28 33 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 35 of 97 Page ID #:1228 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 should be named as the 4 defendant in this case."). 5 60. 6 Declaration of Morgan 60. Irrelevant (FRE Sustained E. Pietz, pg. 8-9 121, as ??401,402); Lacks Overruled 7 follows: Footnote 1 - Foundation and/or 8 Generally, a case that is Personal Knowledge (FRE 9 nominally still pending against ?602); Improper Opinion 10 someone is more effective as (FRE ?701); Speculation 11 settlement leverage than is a (FRE ?602); 12 case that has been fully Argumentative; Assumes 13 terminated. Facts Not In Evidence; 14 Improper Characterization 15 of Evidence. 16 61. 17 61. Irrelevant (FRE Sustained E. Pietz, pg. 8-9 121, as ??401,402); Lacks Overruled 18 follows: Thus, Prenda Foundation and/or 19 generally tries to keep its cases Personal Knowledge (FRE 20 alive, on life support, for as ?602); Improper Opinion 21 long as possible, but while (FRE ?701); Speculation 22 doing as little actual litigating (FRE ?602); 23 as possible. Argumentative; Assumes Declaration of Morgan 24 Facts Not In Evidence; 25 Improper Characterization 26 of Evidence. 27 62. Declaration of Morgan 62. Irrelevant (FRE ??401, 28 34 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 36 of 97 Page ID #:1229 1 Material Objected to: Grounds for Objection: Ruling on Obiection: 2 3 E. Pietz, pg. 9-10122, as 402); Lacks Foundation 4 follows: Further, I am and/or Personal 5 informed and believe that M r . Knowledge (FRE ?602); 6 Gibbs has been specifically Hearsay (FRE ??801(c), 7 warned by Judge Seeborg of 802); Improper Opinion 8 the Northern District of (FRE ?701); Speculation 9 California that, based on his (FRE ?602); 10 admission that the ISP address Argumentative; Assumes 11 alone is not enough to justify Facts Not In Evidence; 12 naming and serving someone Improper Characterization 13 with a pornography complaint, of Evidence. 14 threatening to actually name 15 and serve an ISP subscriber is 16 inappropriate. 17 63. 18 19 Overruled 63. Irrelevant (FRE Sustained E. Pietz, pg. 9-10122, as ??401,402); Lacks Overruled follows: Specifically, Foundation and/or Declaration of Morgan 20 "Given plaintiffs' Personal Knowledge (FRE 21 admission that it lacks ?602); Hearsay (FRE 22 knowledge as to whether ??801(c), 802); Improper 23 Wang [an ISP Characterization of 24 subscriber] is responsible Evidence; Improper 25 for the alleged Authentication of 26 infringement, naming Document (FRE ?901). 27 her as a defendant at 28 35 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 37 of 97 Page ID #:1230 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 this juncture 4 present a serious 5 11 issue. A s such, the 6 argument has the 7 appearance o f an 8 improper threat." Hard 9 Drive Productions, would Rule Inc. 10 v. John Doe, No. 4:11- 11 cv-05630 (Order 12 Granting Leave to Issue 13 Deposition 14 Subpoena)(N.D. Cal, 15 January 18, 2012)(ECF 16 No, 10 at 2) (emphasis 17 added). 64. Irrelevant (FRE Sustained E. Pietz, pg. 9-10122, as ??401,402); Lacks Overruled 20 follows: In short, M r . Gibbs Foundation and/or 21 has both admitted, and been Personal Knowledge (FRE 22 specifically warned by a ?602); Hearsay (FRE 23 federal Judge, that something ??801(c), 802); Improper 24 more is required, beyond the Opinion (FRE ?701); 25 mere fact that someone Speculation (FRE ?602); 26 happens to pay the Internet bill, Argumentative; Assumes 27 in order to justify naming and 18 64. 19 Declaration of Morgan Facts Not In Evidence; 28 36 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 38 of 97 Page ID #:1231 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 serving that person with a Improper Characterization 4 complaint in a case like this. of Evidence. 5 65. 65. Irrelevant (FRE ??401, Sustained 6 E. Pietz, pg. 10123, as 402); Lacks Foundation Overruled 7 follows: Despite the above and/or Personal 8 admissions and specific Knowledge (FRE ?602); 9 warning from Judge Seeborg Improper Opinion (FRE 10 on Rule 11,1 am personally ?701); Speculation (FRE 11 aware of at least two occasions ?602); Argumentative; 12 where M r . Gibbs of Prenda law Assumes Facts Not In 13 has actually done precisely the Evidence; Improper 14 opposite, and gone ahead and Characterization of 15 named and served someone (or Evidence. 16 tried to do so) based on the fact 17 that they were the account 18 billing contact identified by the 19 ISP. 20 66. 21 Declaration of Morgan 66. Irrelevant (FRE Sustained E. Pietz, pg. 10123, as ??401,402); Lacks Overruled 22 follows: In both instances, Foundation and/or 23 Prenda has tried to defend itself Personal Knowledge (FRE 24 by saying that it did perform ?602); Improper Opinion 25 some kind of online Internet (FRE ?701); Speculation 26 investigation. (FRE ?602); 27 Declaration of Morgan Argumentative; Assumes 28 37 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 39 of 97 Page ID #:1232 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 Facts Not In Evidence; 4 Improper Characterization 5 of Evidence. 67. Irrelevant (FRE Sustained E. Pietz, pg. 10 % 23, as ??401,402); Lacks Overruled 8 follows: But in both Foundation and/or 9 instances, the investigation was Personal Knowledge (FRE 10 a farce and the "facts" ?602); Improper Opinion 11 supposedly yielded by the (FRE ?701); Speculation 12 investigation were so wildly (FRE ?602); 13 incorrect that one has to Argumentative; Assumes 14 wonder whether Prenda was Facts Not In Evidence; 15 not really just making these Improper Characterization 16 "facts" up. of Evidence. 17 68. 68. Irrelevant (FRE ??401, Sustained 18 E. Pietz, pg. 10-1 I f 24, as 402); Lacks Foundation Overruled 19 follows: The first example of and/or Personal 20 Prenda's bad faith in naming Knowledge (FRE ?602); 21 and serving an ISP subscriber Improper Opinion (FRE 22 that I am aware o f concerns my ?701); Speculation (FRE 23 client Jesse Nason. ?602); Argumentative; 6 67. 7 Declaration of Morgan Declaration of Morgan 24 Assumes Facts Not In 25 Evidence; Improper 26 Characterization of 27 Evidence. 28 38 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 40 of 97 Page ID #:1233 1 Material Objected to: Grounds for Obiection: 2 Ruling on Obiection: 3 69. 4 69. Irrelevant (FRE Sustained E. Pietz, pg. 1 0 - 1 H 24, as ??401,402); Lacks Overruled 5 follows: Facing a "stiffening Foundation and/or 6 judicial headwind" in federal Personal Knowledge (FRE 7 court a newer Prenda law tactic ?602); Improper Opinion 8 is to dress copyright (FRE ?701); Speculation 9 infringement claims up in state (FRE ?602); 10 law and "computer fraud" Argumentative; Assumes 11 clothing, in order to fde suit in Facts Not In Evidence; 12 state courts. Improper Characterization Declaration of Morgan 13 of Evidence. 14 70. 15 70. Irrelevant (FRE Sustained E. Pietz, pg. 1 0 - 1 H 24, as ??401,402); Lacks Overruled 16 follows: Such was the case in Foundation and/or 17 Lightspeed Personal Knowledge (FRE 18 v. John Doe, Circuit Court of ?602); Improper Opinion 19 St. Clair County, IL, No. 11 L (FRE ?701); Speculation 20 683. (FRE ?602); Declaration of Morgan Media Corporation 21 Argumentative; Assumes 22 Facts Not In Evidence; 23 Improper Characterization 24 of Evidence. 25 71. 26 27 71. Irrelevant (FRE Sustained E. Pietz, pg. 10-11124, as ??401,402); Lacks Overruled follows: In that original Foundation and/or Declaration of Morgan 28 39 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 41 of 97 Page ID #:1234 Material Objected to: Grounds for Obiection: Ruling on Obiection: Lightspeed case, Prenda, on Personal Knowledge (FRE behalf of Lightspeed, fded suit ?602); Improper Opinion against a single John Doe, (FRE ?701); Speculation alleging claims for violations (FRE ?602); of the federal Computer Fraud Argumentative; Assumes and Abuse Act (18 U.S.C. ? Facts Not In Evidence; 1030 etseq.) ( " C F A A " ) as well Improper Characterization as several state law claims that of Evidence. were all pre-empted by the Copyright Act. 72. Irrelevant (FRE Sustained E. Pietz, pg. 10-11 124, as ??401,402); Lacks Overruled follows: In addition to Foundation and/or seeking ISP information for Personal Knowledge (FRE this single defendant, Prenda ?602); Speculation (FRE also sought to subpoena a list ?602); Argumentative; of 6,600 IP addresses for Assumes Facts Not In supposed "co-conspirators," Evidence; Improper located all over the country, Characterization of who had supposedly assisted Evidence. 72. Declaration of Morgan the lead defendant in his "password hacking" and computer fraud. 73. Declaration of Morgan E. Pietz, pg. 10-11 % 24, as 73. Irrelevant (FRE Sustained ??401,402); Lacks Overruled 40 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 42 of 97 Page ID #:1235 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 follows: M r . Nason was not 4 given the required notice by his Personal Knowledge (FRE 5 ISP, so he was not able to ?602); Hearsay (FRE 6 object to the subpoena seeking ??801(c), 802); Improper 7 his information. Opinion (FRE ?701); Foundation and/or 8 Speculation (FRE ?602); 9 Argumentative; Assumes 10 Facts Not In Evidence; 11 Improper Characterization 12 of Evidence. 13 74. 14 Declaration of Morgan 74. Irrelevant (FRE Sustained E. Pietz, pg. 10-11 1 24, as ??401,402); Lacks Overruled 15 follows: Although some ISPs Foundation and/or 16 later objected to these Personal Knowledge (FRE 17 subpoenas, resulting in the ?602); Hearsay (FRE 18 Illinois Supreme Court ??801(c), 802); Improper 19 stepping in to issue a Opinion (FRE ?701); 20 "supervisory order" curtailing Speculation (FRE ?602); 21 the IP address discovery Argumentative; Assumes 22 issuing out of St. Clair County, Facts Not In Evidence; 23 M r . Nason's ISP simply Improper Characterization 24 handed M r . Nason's info over of Evidence. 25 before any of that played out. 26 75. 27 E. Pietz, pg. 10-11 f 24, as Declaration of Morgan 75. Irrelevant (FRE Sustained ??401,402); Lacks Overruled 28 41 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 43 of 97 Page ID #:1236 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 follows: A few months after Foundation and/or 4 his information was released Personal Knowledge (FRE 5 by his ISP, a process sever ?602); Hearsay (FRE 6 showed up on M r . Nason's ??801(c), 802); Improper 7 doorstep, and he was served in Opinion (FRE ?701); 8 Lightpseed Media Speculation (FRE ?602); 9 v. Nason, Los Angeles Argumentative; Assumes Superior Court N o . NC057950. Facts Not In Evidence; 10 Corporation 11 Improper Characterization 12 of Evidence. 76. Irrelevant (FRE Sustained E. Pietz, pg. 1 0 - 1 H 24, as ??401,402); Lacks Overruled 15 follows: When M r . Gibbs was Foundation and/or 16 pressed at the first hearing in Personal Knowledge (FRE 17 the matter to explain how, ?602); Hearsay (FRE 18 based on the prior admissions ??801(c), 802); Improper 19 noted above, he could justify Opinion (FRE ?701); 20 having named and served M r . Speculation (FRE ?602); 21 Nason in a public complaint, Argumentative; Assumes 22 Mr. Gibbs responded that Facts Not In Evidence; 23 Prenda had determined that M r . Improper Characterization 24 Nason "lived alone." of Evidence. 25 77. 77. Irrelevant (FRE Sustained 26 E. Pietz, pg. 10-11% 24, as ??401,402); Lacks Overruled 27 follows: After I had a chance Foundation and/or 13 76. 14 Declaration of Morgan Declaration of Morgan 28 42 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 44 of 97 Page ID #:1237 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 to confer with my client, I Personal Knowledge (FRE 4 learned this was untrue; M r , ?602); Improper Opinion 5 Nason has been married for (FRE ?701); Speculation 6 several years, and lives with (FRE ?602); 7 his wife. Argumentative; Assumes 8 Facts Not In Evidence; 9 Improper Characterization 10 of Evidence. 78. Irrelevant (FRE Sustained E. Pietz, pg. 10-11 f 24, as ??401,402); Lacks Overruled 13 follows: N o other justification Foundation and/or 14 for naming and serving M r . Personal Knowledge (FRE 15 Nason was presented (other ?602); Improper Opinion 16 than that he paid the Internet (FRE ?701); Speculation 17 bill, and "lived alone," which (FRE ?602); 18 was untrue). Argumentative; Assumes 11 78. 12 Declaration of Morgan 19 Facts Not In Evidence; 20 Improper Characterization 21 of Evidence. 22 79. 23 79. Irrelevant (FRE Sustained E. Pietz, pg. 10-11 f 2 4 , as ??401,402); Lacks Overruled 24 follows: After M r . Nason had Foundation and/or 25 his first demurrer sustained, Personal Knowledge (FRE 26 and all the state law claims ?602); Improper Opinion 27 dismissed with prejudice, on (FRE ?701); Speculation Declaration of Morgan 28 43 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 45 of 97 Page ID #:1238 Material Objected to: Grounds for Obiection: Ruling on Obiection: the eve of a second demurrer (FRE ?602); being fded, Prenda dismissed Argumentative; Assumes the remaining C F A A claim Facts Not In Evidence; (without prejudice, of course). Improper Characterization of Evidence. 80. Irrelevant (FRE Sustained E. Pietz, pg. 10-11 f 24, as ??401,402); Lacks Overruled follows: Exhibit G - A true Foundation and/or and correct copy o f the Personal Knowledge (FRE Declaration o f Jesse Nason is ?602); Hearsay (FRE attached hereto as Exhibit G. ??801 (c), 802); Improper 80. Declaration of Morgan Opinion (FRE ?701); Speculation (FRE ?602); Argumentative; Assumes Facts Not In Evidence; Improper Characterization of Evidence; Improper Authentication of Document (FRE ?901). 81. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 11 % 25, as 402); Lacks Foundation Overruled follows: The second concrete and/or Personal example of Prenda's bad faith Knowledge (FRE ?602); with respect to naming and Hearsay (FRE serving an ISP subscriber that I 802); Improper Opinion 81. Declaration of Morgan 44 ??801(c), Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 46 of 97 Page ID #:1239 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 am aware of occurred in AF (FRE ?701); Speculation 4 Holdings LLC v. John Doe et (FRE ?602); 5 al, N . D . Cal. N o . 12-cv-2049, Argumentative; Assumes 6 E C F No. 45,1/7/1 3 in a case Facts Not In Evidence; 7 pending before Judge Improper Characterization 8 Hamilton. of Evidence. 9 82. 82. Irrelevant (FRE Sustained Overruled Declaration of Morgan 10 E. Pietz, pg. 11 If 25, as ??401,402); Lacks 11 follows: Prenda learned the Foundation and/or 12 ISP subscriber's identity in that Personal Knowledge (FRE 13 case from AF Holdings v. Does ?602); Hearsay (FRE 14 1-135, N . D . Cal. Case No. 5:1 ??801(c), 802); Improper 15 l-cv-0336-LFiK, which was the Opinion (FRE ?701); 16 same case where Judge K o h Speculation (FRE ?602); 17 ordered M r . Gibbs to fde the Argumentative; Assumes 18 now infamous status report. Facts Not In Evidence; 19 Improper Characterization 20 of Evidence. 21 83. 22 83. Irrelevant (FRE Sustained E. Pietz, pg. 11 % 25, as ??401,402); Lacks Overruled 23 follows: Prior to the earlier Foundation and/or 24 case being dismissed by Judge Personal Knowledge (FRE 25 K o h on March 27,2012(1 1- ?602); Hearsay (FRE 26 cv-336, E C F N o . 45) for failure ??801(c), 802); Improper 27 to serve, however, an ISP Declaration of Morgan Opinion (FRE ?701); 28 45 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 47 of 97 Page ID #:1240 1 Material Objected to: Grounds for Obiection: 2 Ruling on Obiection: 3 subpoena was processed 4 resulting in the identification of Argumentative; Assumes 5 one Josh Hatfield as the ISP Facts Not In Evidence; 6 billing contact who paid for an Improper Characterization 7 account that was assigned one of Evidence. 8 of the allegedly infringing IP 9 addresses at issue. 10 84. 11 Speculation (FRE ?602); 84. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 11-12 1 26, as 402); Lacks Foundation Overruled 12 follows: I am informed and and/or Personal 13 believe that on April 24, 2012, Knowledge (FRE ?602); 14 Prenda filed a complaint Hearsay (FRE ?? 801(c), 15 asserting claims for copying 802); Speculation (FRE 16 infringement and contributory ?602); Assumes Facts Not 17 copyright infringement against In Evidence; Improper 18 an unidentified Doe defendant, Characterization of 19 and another cause of action for Evidence. 20 negligence against Josh 21 Hatfield (the 12-ev-2049 22 action). 23 85. 24 Declaration of Morgan 85. Irrelevant (FRE Sustained E. Pietz, pg. 11-12 1 26, as ??401,402); Lacks Overruled 25 follows: The initial complaint Foundation and/or 26 in the 12-cv-2049 action did Personal Knowledge (FRE 27 not assert claims for copyright ?602); Hearsay (FRE Declaration of Morgan 28 46 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 48 of 97 Page ID #:1241 1 Material Objected to: Grounds for Objection: 2 3 Ruling on Obiection: infringement against Hatfield. ??801(c), 802); 4 Speculation (FRE ?602); 5 Assumes Facts Not In 6 Evidence; Improper 7 Characterization of 8 Evidence. 9 86. Declaration of Morgan 86. Irrelevant (FRE Sustained Overruled 10 E. Pietz, pg. I l - 1 2 f 2 6 , as ??401,402); Lacks 11 follows: Instead, the gravamen Foundation and/or 12 of the negligence claim against Personal Knowledge (FRE 13 Hatfield was that he failed to ?602); Hearsay (FRE 14 secure his Internet network. ??801(c), 802); 15 Speculation (FRE ?602); 16 Assumes Facts Not In 17 Evidence; Improper 18 Characterization of 19 Evidence. 20 87. 21 Declaration of Morgan 87. Irrelevant (FRE Sustained E. Pietz, pg. 11-12126, as ??401,402); Lacks Overruled 22 follows: After Hatfield moved Foundation and/or 23 to dismiss the negligence Personal Knowledge (FRE 24 claim, Prenda filed a first ?602); Hearsay (FRE 25 amended complaint ( " F A C " ) ??801(c), 802); 26 asserting copyright Speculation (FRE ?602); 27 infringement against the Doe, Assumes Facts Not In 28 47 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 49 of 97 Page ID #:1242 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 "and a claim of negligence Evidence; Improper 4 against Hatfield, based on Characterization of 5 alleged third party's use of Evidence. 6 Hatfield's Internet connection 7 to commit the infringement, 8 and Hatfield's failure to secure 9 this Internet connection and/or 10 failure to monitor the 11 unidentified third party's use of 12 his Internet connection." AF 13 Holdings LLC v. John Doe et 14 al, N . D . Cal. N o . 12-cv-2049, 15 E C F N o . 45, 1/7/13, p. 3. 16 88. 17 88. Irrelevant (FRE Sustained E. Pietz, pg. 11-12 % 26, as ??401,402); Lacks Overruled 18 follows: The F A C also Foundation and/or 19 explained in a footnote on page Personal Knowledge (FRE 20 1 that "at this stage of the ?602); Hearsay (FRE 21 litigation, [pjTaintiff does not ??801(c), 802); 22 know i f [defendant Doe is the Speculation (FRE ?602); 23 same individual as Josh Assumes Facts Not In 24 Hatfield." F A C at l , n . l . Evidence; Improper Declaration of Morgan 25 Characterization of 26 Evidence. 27 89. Declaration of Morgan 89. Irrelevant (FRE 28 48 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 50 of 97 Page ID #:1243 1 Material Objected to: Grounds for Obiection: 2 Ruling on Obiection: 3 E. Pietz, pg. 11-12 1 26, as ??401,402); Lacks 4 follows: Hatfield then moved Foundation and/or 5 to dismiss the negligence Personal Knowledge (FRE 6 claim, and the Court granted ?602); Hearsay (FRE 7 the motion, with prejudice. ??801(c), 802); 8 Speculation (FRE ?602); 9 Overruled Assumes Facts Not In 10 Evidence; Improper 11 Characterization of 12 Evidence. 13 90. 14 90. Irrelevant (FRE Sustained E. Pietz, pg. 11-12 126, as ??401,402); Lacks Overruled 15 follows: The Court also Foundation and/or 16 pointed out that the case was Personal Knowledge (FRE 17 well past the 120-day Rule ?602); Hearsay (FRE 18 4(m) service of process ??801(c), 802); 19 deadline, and ordered the Speculation (FRE ?602); 20 plaintiff to file a proof of Assumes Facts Not In 21 service by October 4, 2012. Evidence; Improper Declaration of Morgan 22 Characterization of 23 Evidence. 24 91. 25 91. Irrelevant (FRE Sustained E. Pietz, pg. 11-12126, as ??401,402); Lacks Overruled 26 follows: The plaintiff did not Foundation and/or 27 do so. Personal Knowledge (FRE Declaration of Morgan 28 49 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 51 of 97 Page ID #:1244 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 ?602); Hearsay (FRE 4 ??801(c), 802); 5 Speculation (FRE ?602); 6 Assumes Facts Not In 7 Evidence; Improper 8 Characterization of 9 Evidence. 10 92. 11 92. Irrelevant (FRE Sustained E. Pietz, pg. 11-12 126, as ??401,402); Lacks Overruled 12 follows: Instead, it fded a Foundation and/or 13 motion on September 28, 2012, Personal Knowledge (FRE 14 seeking leave to amend the ?602); Hearsay (FRE 15 complaint again, to now allege ??801(c), 802); 16 that Hatfield was the Doe Speculation (FRE ?602); 17 defendant. Assumes Facts Not In Declaration of Morgan 18 Evidence; Improper 19 Characterization of 20 Evidence. 21 93. 22 93. Irrelevant (FRE Sustained E. Pietz, pg. 11-12 126, as ??401,402); Lacks Overruled 23 follows: I am informed and Foundation and/or 24 believe that a November 7, Personal Knowledge (FRE 25 2012, hearing on plaintiffs ?602); Hearsay (FRE 26 motion for leave to amend the ??801(c), 802); 27 complaint to allege that the ISP Speculation (FRE ?602); Declaration of Morgan 28 50 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 52 of 97 Page ID #:1245 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 subscriber Hatfield actually Assumes Facts Not In 4 was the Doe defendant being Evidence; Improper 5 sued for copyright Characterization of 6 infringement, Judge Hamilton Evidence. 7 advised M r . Gibbs that, 8 "he would have to 9 persuade the Court that 10 he had discovered 11 additional evidence, 12 based on the same 13 identification of a 14 defendant that he had 15 discovered additional 16 evidence, based on the 17 same identification of a 18 defendant that he had 19 know about for more 20 than a year. The Court 21 gave counsel one week 22 to submit a revised 23 proposed S A C that 24 demonstrated diligence 25 and that supported the 26 alleged 'new facts' 27 asserted by counsel," 28 51 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 53 of 97 Page ID #:1246 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 94. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 11-12 126, as 402); Lacks Foundation Overruled 5 follows: M r . Gibbs did indeed and/or Personal 6 fde a proposed revised second Knowledge (FRE ?602); 7 amended complaint against M r , Hearsay (FRE 8 Hatfield, which contained a 802); Speculation (FRE 9 new section entitled "Plaintiffs ?602); Assumes Facts Not 10 Further Investigation of In Evidence; Improper 11 Defendant." Characterization of 3 94. 4 Declaration of Morgan 12 ??801(c), Evidence. 13 95. 14 95. Irrelevant (FRE' Sustained E. Pietz, pg. 1 3 f 28, as ??401,402); Lacks Overruled 15 follows: I am informed and Foundation and/or 16 believe that as in the Nason Personal Knowledge (FRE 17 case, the "investigation" ?602); Hearsay (FRE 18 plaintiff claims to have ??801(c), 802); Improper 19 conducted in the Hatfield case Opinion (FRE ?701); 20 was (a) woefully insufficient as Argumentative; Assumes 21 to methodology, and (b) Facts Not In Evidence; 22 resulted in wildly incorrect Improper Characterization 23 "facts." of Evidence. 24 96. 96. Irrelevant (FRE ??401, Sustained 25 E. Pietz, pg. 131 28, as 402); Lacks Foundation Overruled 26 follows: Judge Hamilton's and/or Personal 27 order denying the motion for Knowledge (FRE ?602); Declaration of Morgan Declaration of Morgan 28 52 . 1 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 54 of 97 Page ID #:1247 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 leave to amend the complaint, Hearsay (Fi?F ??801(c), 4 a true and correct copy of 802); Improper Opinion 5 which is attached hereto as (FRE ?701); Speculation 6 Exhibit H explains all of the (FRE ?602); 7 ways "Plaintiffs Further Argumentative; Assumes 8 Investigation of Defendant" Facts Not In Evidence; 9 which appears to have mainly Improper Characterization 10 consisted of a bit of light of Evidence. 11 google searching, was 12 insufficient. 13 97. 14 97. Irrelevant (FRE Sustained E. Pietz, pg. 13 % 28, as ??401,402); Lacks Overruled 15 follows: Exhibit H - Judge Foundation and/or 16 Hamilton's order denying the Personal Knowledge (FRE 17 motion for leave to amend the ?602); Hearsay (FRE 18 complaint, a true and correct ??801(c), 802); Improper 19 copy of which is attached Opinion (FRE ?701); 20 hereto as Exhibit H explains Speculation (FRE ?602); 21 all of the ways "Plaintiffs Argumentative; Assumes 22 Further Investigation of Facts Not In Evidence; 23 Defendant" which appears to Improper Characterization 24 have mainly consisted of a bit of Evidence. 25 of light google searching, was 26 insufficient. 27 98. Declaration of Morgan Declaration of Morgan 98. Irrelevant (FRE 28 53 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 55 of 97 Page ID #:1248 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 E. Pietz, pg. 1 3 f 28, as ??401,402); Lacks 4 follows: However, even more Foundation and/or 5 notably, as in the Nason case, Personal Knowledge (FRE 6 the "facts" Prenda came up ?602); Improper Opinion 7 with are wildly incorrect. In (FRE ?701); Speculation 8 large measure, M r . Gibbs (FRE ?602); 9 explained his "good faith" Argumentative; Assumes 10 belief that M r . Hatfield was the Facts Not In Evidence; 11 actual infringer by pointing to Improper Characterization 12 facebook and Myspace pages of Evidence. 13 that do not actually belong to 14 Mr. Hatfield. 15 99. 16 Overruled 99. Irrelevant (FRE Sustained E. Pietz, pg. 131 28, as ??401,402); Lacks Overruled 17 follows: Exhibit I - A true and Foundation and/or 18 correct copy of M r . Hatfield's Personal Knowledge (FRE 19 declaration swearing to this is ?602); Hearsay (FRE 20 attached as Exhibit I. ??801(c), 802); Improper Declaration of Morgan 21 Opinion (FRE ?701); 22 Speculation (FRE ?602); 23 Argumentative; Assumes 24 Facts Not In Evidence; 25 Improper Characterization 26 of Evidence; Improper 27 Authentication of 28 54 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 56 of 97 Page ID #:1249 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 Document (FRE ?901). 100. Irrelevant (FRE Sustained E. Pietz, pg. 1 3 1 2 8 , as ??401,402); Lacks Overruled 6 follows: Just as Prenda's Foundation and/or 7 "investigation" supposedly Personal Knowledge (FRE 8 revealed that M r . Nason "lived ?602); Hearsay (FRE 9 alone," when he had been ??801 (c), 802); Improper 10 married for years, the Opinion (FRE ?701); 11 "investigation" of Mr. Hatfield Speculation (FRE ?602); 12 resulted in Prenda submitting Argumentative; Assumes 13 to the Court facebook and Facts Not In Evidence; 14 Myspace pages that did not Improper Characterization 15 actually belong to M r . Hatfield. of Evidence. 16 101. 17 4 100. 5 Declaration of Morgan 101. Irrelevant (FRE Sustained E. Pietz, pg. 13-14129, as ??401,402); Lacks Overruled 18 follows: I am informed and Foundation and/or 19 believe that starting in Personal Knowledge (FRE 20 November of 2012, facts began ?602); Hearsay (FRE 21 to come to light regarding one ??801(c), 802); Improper 22 Alan Cooper of Minnesota, all Opinion (FRE ?701); 23 of which seem to suggest that Speculation (FRE ?602); 24 Prenda has been engaged in Argumentative; Assumes 25 systemic fraud, both on the Facts Not In Evidence; 26 courts and on the copyright Improper Characterization 27 office; forgery; identity theft, of Evidence. Declaration of Morgan 28 55 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 57 of 97 Page ID #:1250 Material Obiected to: Grounds for Obiection: Ruling on Obiection: as well as improper fee splitting, and concealment of the identity of the real parties in interest in these cases, among other very troubling issues. 102. Irrelevant (FRE Sustained E. Pietz, pg. 13-14129, as ??401,402); Lacks Overruled follows: M y knowledge of the Foundation and/or Alan Cooper issues is based Personal Knowledge (FRE primarily on two sources: (i) a ?602); Hearsay (FRE letter M r . Cooper's attorney ??801(c), 802); Improper fded on his behalf in two A F Opinion (FRE ?701); Holdings cases pending in Speculation (FRE ?602); Minnesota, a true and correct Argumentative; Assumes copy of which is attached Facts Not In Evidence; hereto as Exhibit J : and (ii) a Improper Characterization sworn affidavit executed by of Evidence. 102. Declaration o f Morgan M r . Cooper himself, a true and correct copy of which is attached hereto as Exhibit K. 103. Irrelevant (FRE Sustained E. Pietz, pg. 13-14129, as ??401,402); Lacks Overruled follows: Exhibit J - (i) a letter Foundation and/or M r . Cooper's attorney filed on Personal Knowledge (FRE 103. Declaration of Morgan 56 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 58 of 97 Page ID #:1251 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 his behalf in two A F Holdings ?602); Hearsay (FRE 4 cases pending in Minnesota, a ??801(c), 802); 5 true and correct copy of which Speculation (FRE ?602); 6 is attached hereto as Exhibit J : Argumentative; Assumes 7 Facts Not In Evidence; 8 Improper Characterization 9 of Evidence; Improper 10 Authentication of 11 Document (FRE ?901). 12 104. 13 104. Irrelevant (FRE Sustained E. Pietz, pg. 13-14129, as ??401,402); Lacks Overruled 14 follows: Exhibit K - (ii) a Foundation and/or 15 sworn affidavit executed by Personal Knowledge (FRE 16 M r . Cooper himself, a true and ?602); Hearsay (FRE 17 correct copy of which is ??801(c), 802); 18 attached hereto as Exhibit K. Speculation (FRE ?602); Declaration of Morgan 19 Argumentative; Assumes 20 Facts Not In Evidence; 21 Improper Characterization 22 of Evidence; Improper 23 Authentication of 24 Document (FRE ?901). 25 105. 26 27 105. Irrelevant (FRE Sustained E. Pietz, pg. 1 4 1 3 0 , as ??401,402); Lacks Overruled follows: Specifically, I am Foundation and/or Declaration of Morgan 28 57 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 59 of 97 Page ID #:1252 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 informed and believe that there Personal Knowledge (FRE 4 is a gentleman from Minnesota ?602); Hearsay (FRE 5 named Alan Cooper who ??801(c), 802); 6 formerly worked as a caretaker Speculation (FRE ?602); 7 on a property owned by John Argumentative; Assumes 8 Steele. Exhibit J; Exhibit K Facts Not In Evidence; 9 1f4. Improper Characterization 10 of Evidence; Improper 11 Authentication of 12 Document (FRE ?901). 13 106. 14 106. Irrelevant (FRE Sustained E. Pietz, pg. 14 % 31, as ??401,402); Lacks Overruled 15 follows: I am informed and Foundation and/or 16 believe that M r . Steele bragged Personal Knowledge (FRE 17 to his caretaker A l a n Cooper ?602); Hearsay (FRE 18 about a copyright scheme ??801(c), 802); 19 Exhibit J, p 1., and, according Speculation (FRE ?602); 20 to M r . Cooper "Steele had told Argumentative; Assumes 21 me on at least one occasion Facts Not In Evidence; 22 that i f anyone asked about Improper Characterization 23 companies that I should call of Evidence. 24 him." Appendix 2,1|8. 25 107. 26 27 Declaration of Morgan 107. Irrelevant (FRE Sustained E. Pietz, pg. 14 % 32, as ??401,402); Lacks Overruled follows: I am informed and Foundation and/or Declaration of Morgan 28 58 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 60 of 97 Page ID #:1253 Material Objected to: Grounds for Objection: Ruling on Obiection: believe that after this Personal Knowledge (FRE Minnesota M r . Cooper became ?602); Hearsay (FRE suspicious, and searched ??801(c), 802); online, he found out that Speculation (FRE ?602); Prenda Law had been using the Argumentative; Assumes name "Alan Cooper" as the Facts Not In Evidence; supposed principal of A F Improper Characterization Holdings and Ingenuity 13, in of Evidence. various federal court fdings, including copyright assignment forms, and verifications filed on behalf of Ingenuity 13, all of which were purportedly executed by " A l a n Cooper" on behalf of these entities. Exhibit J. (Exhibit E thereto, page 8 of 8). 108. Declaration of Morgan 108. Irrelevant (FRE Sustained E. Pietz, pg. 14 1 33, as ??401,402); Lacks Overruled follows: I am informed and Foundation and/or believe that, concerned about Personal Knowledge (FRE his potential personal liability ?602); Hearsay (FRE in connection with the scores ??801(c), 802); of Ingenuity 13 and A F Speculation (FRE ?602); Holdings copyright Argumentative; Assumes 59 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 61 of 97 Page ID #:1254 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 infringement lawsuits pending Facts Not In Evidence; 4 across the country, M r . Cooper Improper Characterization 5 hired a lawyer named Paul of Evidence. 6 Godfread who asked Prenda 7 Law to confirm that there was 8 another Alan Cooper who is 9 the true principal of A F 10 Holdings and Ingenuity 13, and 11 that the identity o f A l a n 12 Cooper of Minnesota is not 13 being misappropriated. Exhibit 14 J. 15 109. 16 109. Irrelevant (FRE Sustained E. Pietz, pg. 14134, as ??401,402); Lacks Overruled 17 follows: I am informed and Foundation and/or 18 believe that immediately after Personal Knowledge (FRE 19 M r . Cooper's attorney filed a ?602); Hearsay (FRE 20 notice of appearance on M r . ??801(c), 802); 21 Cooper's behalf in an A F Speculation (FRE ?602); 22 Holdings case pending in Argumentative; Assumes 23 Minnesota, John Steele Facts Not In Evidence; 24 attempted to call M r . Cooper Improper Characterization 25 multiple times, despite the fact of Evidence. 26 that Mr. Cooper was 27 represented bv counsel. Exhibit Declaration of Morgan 28 60 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 62 of 97 Page ID #:1255 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 J. 4 110. 5 110. Irrelevant (FRE Sustained E. Pietz, pg. 15 1 35, as ??401,402); Lacks Overruled 6 follows: The signature used by Foundation and/or 7 Alan Cooper o f Minnesota on Personal Knowledge (FRE 8 his lease agreement with John ?602); Improper Opinion 9 Steele appears to be somewhat (FRE ?701); Speculation 10 similar to the " A l a n cooper" (FRE ?602); 11 signature used on various Argumentative; Assumes 12 copyright assignments in Facts Not In Evidence; 13 Prenda's A F Holdings cases: Improper Characterization 14 15 16 17 18 19 Declaration of Morgan Image of Authenticated Signature of Minnesota Alan Cooper from His Lease with John Steele: 2 Image w/*'VIW/Lvidence. Cooper" Signature Used on Copyright Assignment Filed in CD. Cal. I2-cv-S709 (Low-number Case): 3 20 21 22 23 24 25 26 27 28 61 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 63 of 97 Page ID #:1256 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection: 3 111. 4 Declaration of Morgan 111. Irrelevant (FRE Sustained E. Pietz, pg. 15 f 35, as ??401,402); Lacks Overruled 5 follows: Footnote 2 - The Foundation and/or 6 signature pictured here is from Personal Knowledge (FRE 7 the lease agreement between ?602); Hearsay (FRE 8 Mr. Steele and M r . Cooper that ??801(c), 802); 9 was attached to the affidavit of Speculation (FRE ?602); 10 Alan Cooper, which is attached Assumes Facts Not In 11 hereto as Exhibit K . Evidence; Improper 12 Characterization of 13 Evidence. 14 15 16 112. 17 Declaration of Morgan 112. Irrelevant (FRE Sustained E. Pietz, pg. 15 f 35, as ??401,402); Lacks Overruled 18 follows: Footnote 3 - This Foundation and/or 19 signature pictured here was Personal Knowledge (FRE 20 found on the last page of ?602); Hearsay (FRE 21 Exhibit B to the complaint in ??801(c), 802); 22 AF Holdings, LLC v. John Doe Speculation (FRE ?602); 23 etal, Assumes Facts Not In 24 5709, at E C F N o . l , p . 18. C D . C a l . N o . 12-cv- Evidence; Improper 25 Characterization of 26 Evidence. 27 28 62 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 64 of 97 Page ID #:1257 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 113. Irrelevant (FRE Sustained E. Pietz, pg. 15-16 f 36, as ??401,402); Lacks Overruled 5 follows: I am informed and Foundation and/or 6 believe that another example of Personal Knowledge (FRE 7 this mysterious Alan Cooper ?602); Hearsay (FRE 8 supposedly signing federal ??801(c), 802); 9 court documents, this time a Speculation (FRE ?602); 10 verification to a Rule 27 Argumentative; Assumes 11 petition filed under penalty of Facts Not In Evidence; 12 perjury, occurred in In the Improper Characterization 13 Matter of a Petition by of Evidence. 14 Ingenuity 13, LLC, E . D . Cal. 15 Case No. 1 l-mc-0084-JAM- 16 D A D , E C F N o . 1, p. 8 of 8, 17 10/28/11. 18 114. 19 3 113. 4 Declaration of Morgan 114. Irrelevant (FRE Sustained E. Pietz, pg. 1 5 - 1 6 f 3 6 , as ??401,402); Lacks Overruled 20 follows: Exhibit L - A true and Foundation and/or 21 correct copy of the petition M r . Personal Knowledge (FRE 22 Gibbs filed on behalf of ?602); Hearsay (FRE 23 Ingenuity 13 in this matter is ??801(c), 802); 24 attached hereto as Exhibit L . Speculation (FRE ?602); Declaration of Morgan 25 Assumes Facts Not In 26 Evidence; Improper 27 Characterization of 28 63 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 65 of 97 Page ID #:1258 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 Evidence; Improper 4 Authentication of 5 Document (FRE ?901). 115. Irrelevant (FRE Sustained E. Pietz, pg. 15-16136, as ??401,402); Lacks Overruled 8 follows: A look at the Foundation and/or 9 verification page reveals: (i) Personal Knowledge (FRE 10 the petition is verified with an ?602); Hearsay (FRE 11 electronic "/s/" signature by ??801(c), 802); Improper 12 ' A l a n Cooper, Manager of Opinion (FRE ?701); 13 Ingenuity 13 L L C " ; (ii) Speculation (FRE ?602); 14 although the heading of the Argumentative; Assumes 15 verification page says Facts Not In Evidence; 16 "Notarized Verification" there Improper Characterization 17 is no notary seal or other of Evidence. 18 notary information on the 19 document; (iii) instead, M r . 20 Gibbs himself swears that "I, 21 Brett L . Gibbs, Esq., hereby 22 confirm per Eastern District of 23 California Local Rule 131(f) 24 that counsel for Plaintiff has a 25 signed original notarized 26 version of the above Verified 27 Petition." 6 115. 7 Declaration of Morgan 28 64 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 66 of 97 Page ID #:1259 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 116. Irrelevant (FRE Sustained E. Pietz, pg. 16 137, as ??401,402); Lacks Overruled follows: Since at least Foundation and/or November, Prenda has been Personal Knowledge (FRE dodging all questions asked by ?602); Improper Opinion Minnesota Alan Cooper's (FRE ?701); Speculation attorney, and by me, about (FRE ?602); whether there is another person Argumentative; Assumes with the name Alan Cooper Facts Not In Evidence; who was the true principal of Improper Characterization A F Holdings and Ingenuity 13. of Evidence. 117. 117. Irrelevant (FRE Sustained E. Pietz, pg. 1 6 ^ 37, as ??401,402); Lacks Overruled follows: Prenda refuses to say. Foundation and/or 116. Declaration of Morgan Declaration of Morgan Personal Knowledge (FRE ?602); Improper Opinion (FRE ?101); Speculation (FRE ?602); Argumentative; Assumes Facts Not In Evidence; Improper Characterization of Evidence. 118. Irrelevant (FRE Sustained E. Pietz, pg. 16 137, as ??401,402); Lacks Overruled follows: Exhibit M - A true Foundation and/or 118. Declaration of Morgan 65 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 67 of 97 Page ID #:1260 Material Obiected to: Grounds for Obiection: Ruling on Obiection: and correct copy of and email Personal Knowledge (FRE chain showing my attempts to ?602); Hearsay (FRE have Mr. Gibbs answer these ??801(c), 802); Improper questions, and his evasive Opinion (FRE ?701); responses, is attached hereto as Speculation (FRE ?602); Exhibit M . Argumentative; Assumes Facts Not In Evidence; Improper Characterization of Evidence; Improper Authentication of Document (FRE ?901). 119. Irrelevant (FRE Sustained E. Pietz, pg. 16 1 38, as ??401,402); Lacks Overruled follows: Both M r . Cooper's Foundation and/or attorney and I have also asked Personal Knowledge (FRE Mr. Gibbs to produce a copy of ?602); Hearsay (FRE the original notarized Alan ??801(c), 802); Improper Cooper verification he was Opinion (FRE ?701); obligated to maintain in the Speculation (FRE ?602); Rule 27 petition filed on behalf Argumentative; Assumes of Ingenutiy 13 in the Eastern Facts Not In Evidence; District of California. M r . Improper Characterization Gibbs has refused to produce of Evidence. 119. Declaration of Morgan the original Alan Copper signature. See Exhibit M . 66 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 68 of 97 Page ID #:1261 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 120. Irrelevant (FRE Sustained E. Pietz, pg. 16-17139, as ??401,402); Lacks Overruled 5 follows: I am informed and Foundation and/or 6 believe that at almost the exact Personal Knowledge (FRE 7 same time the Alan Cooper ?602); Hearsay (FRE 8 allegations were coming to ??801(c), 802); Improper 9 light, another incident occurred Opinion (FRE ?701); 10 at a Florida hearing in a Prenda Speculation (FRE ?602); 11 case, involving a separate fraud Argumentative; Assumes 12 on the court. In Sunlust Facts Not In Evidence; 13 Pictures, Inc. v. Tuan Improper Characterization 14 M . D . F l . Case N o . 8:12-CV- 15 1685-T-35MAP Judge Scriven 16 ordered a principal of Prenda 17 Law, Inc. to attend a hearing 18 on a John Doe motion, and also 19 ordered a principal of Sunlust 20 Pictures, the plaintiff in that 21 action, to attend the hearing as 22 well. 23 121. 24 3 120. 4 Declaration of Morgan Nguyen, of Evidence. 121. Irrelevant (FRE Sustained E. Pietz, pg. 16-17139, as ??401,402); Lacks Overruled 25 follows: Exhibit N - A true Foundation and/or 26 and correct copy of the Personal Knowledge (FRE 27 complete hearing transcript is ?602); Hearsay (FRE Declaration of Morgan 28 67 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 69 of 97 Page ID #:1262 1 Material Objected to: Grounds for Obiection: Obiection: 2 3 Ruling on attached hereto as Exhibit N . ??801(c), 802); Assumes 4 Facts Not In Evidence; 5 Improper Characterization 6 of Evidence; Improper 7 Authentication of 8 Document (FRE ?901). 9 122. Declaration of Morgan 122. Irrelevant (FRE Sustained Overruled 10 E. Pietz, pg. 1 6 - 1 7 f 3 9 , as ??401,402); Lacks 11 follows: According to the Foundation and/or 12 transcript, Prenda's purported Personal Knowledge {FRE 13 "sole principal" Paul Duffy, ?602); Hearsay (FRE 14 belatedly notified the Court ??801(c), 802); Improper 15 that he could not attend due to Opinion (FRE ?701); 16 a health issue. Speculation (FRE ?602); 17 Argumentative; Assumes 18 Facts Not In Evidence; 19 Improper Characterization 20 of Evidence. 21 123. 22 123. Irrelevant (FRE Sustained E. Pietz, pg. 16-17139, as ??401,402); Lacks Overruled 23 follows: After two prior local Foundation and/or 24 counsel sought to withdraw Personal Knowledge (FRE 25 from the matter, Prenda placed ?602); Hearsay (FRE 26 an advertisement in a local ??801(c), 802); Improper 27 newspaper and obtained a new, Opinion (FRE ?701); Declaration of Morgan 28 68 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 70 of 97 Page ID #:1263 Material Obiected to: Grounds for Obiection: Ruling on Obiection: third local counsel (hired by Speculation (FRE ?602); plaintiffs counsel here Brett Argumentative; Assumes Gibbs) who, after fding a Facts Not In Evidence; notice of appearance and Improper Characterization conferring with defense of Evidence. counsel, almost immediately sought to withdraw. 124. Irrelevant (FRE Sustained E. Pietz, pg. 17f 40, as ??401,402); Lacks Overruled follows: I am informed and Foundation and/or believe that Sunlust also did Personal Knowledge (FRE not send a principal to the ?602); Hearsay (FRE Florida hearing; rather, it sent ??801(c), 802); Improper John Steele's former paralegal, Opinion (FRE ?701); 124. Declaration of Morgan a man named Mark Lutz, as the Speculation (FRE ?602); plaintiffs "corporate Argumentative; Assumes representative" for hire. Facts Not In Evidence; Improper Characterization of Evidence. 125. Irrelevant (FRE Sustained _ E. Pietz, pg. 17 f 4 0 , as ??401,402); Lacks Overruled follows: However, upon Foundation and/or questioning M r . Lutz, Judge Personal Knowledge (FRE Scriven quickly determined ?602); Hearsay (FRE that M r . Lutz had no authority ??801(c), 802); Improper 125. Declaration of Morgan 69 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 71 of 97 Page ID #:1264 1 Material Obiected to: Grounds for Objection: 2 Ruling on Obiection: 3 to bind the company, and that Opinion (FRE ?701); 4 he did not know who owned or Speculation (FRE ?602); 5 managed it. Argumentative; Assumes 6 Facts Not In Evidence; 7 Improper Characterization 8 of Evidence. 9 126. Declaration of Morgan 126. Irrelevant (FRE Sustained Overruled 10 E. Pietz, pg. 1 7 1 4 0 , as ??401,402); Lacks 11 follows: Accordingly, despite Foundation and/or 12 a Court order requiring them to Personal Knowledge (FRE 13 do so, neither Prenda Law nor ?602); Hearsay (FRE 14 its client Sunlust Pictures sent ??801(c), 802); Improper 15 a principal to the hearing. Opinion (FRE ?701); 16 Speculation (FRE ?602); 17 Argumentative; Assumes 18 Facts Not In Evidence; 19 Improper Characterization 20 of Evidence. 21 127. 22 127. Irrelevant ( F R E Sustained E. Pietz, pg. 17f40, as ??401,402); Lacks Overruled 23 follows: Note in particular Foundation and/or 24 page 20 of the transcript where Personal Knowledge (FRE 25 Judge Scriven orders the ?602); Hearsay (FRE 26 purported "corporate ??801(c), 802); Improper 27 representative" for the plaintiff, Opinion (FRE ?701); Declaration of Morgan 28 70 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 72 of 97 Page ID #:1265 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 Mark Lutz (i.e., John Steele's Speculation (FRE ?602); 4 former paralegal), away from Argumentative; Assumes 5 the plaintiffs table and Facts Not In Evidence; 6 dismisses the case for "failure Improper Characterization 7 to present a lawful agent, for of Evidence. 8 attempted fraud on the Court 9 by offering up a person who 10 has no authority to act on 11 behalf of the corporation as its 12 corporate representative" and 13 invites a motion for sanctions. 14 Exhibit N . 15 128. 16 128. Irrelevant (FRE Sustained E. Pietz, pg. 17 f 40, as ??401,402); Lacks Overruled 17 follows: Footnote 4 - Foundation and/or 18 Although one person closely Personal Knowledge (FRE 19 connected with Prenda did ?602); Hearsay (FRE 20 attend the hearing: John Steele ??801(c), 802); Improper 21 sat in the gallery, and Opinion (FRE ?701); 22 purported not to be involved in Speculation (FRE ?602); 23 the case, but after the Court Argumentative; Assumes 24 noticed M r . Lutz constantly Facts Not In Evidence; 25 trying to confer with M r . Improper Characterization 26 Steele, the Judge asked M r . of Evidence. 27 Steele who he was, and then Declaration of Morgan 28 71 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 73 of 97 Page ID #:1266 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 asked him for answers to some 4 of her questions about Sunlust 5 Pictures, which M r . Steele 6 provided. Exhibit N . p. 18:12- 7 24. 8 129. 9 129. Irrelevant (FRE Sustained E. Pietz, pg. 1 7 - 1 8 f 4 1 , as ??401,402); Lacks Overruled 10 follows: The combination of: Foundation and/or 11 (i) the facts averred by M r . Personal Knowledge (FRE 12 Cooper of Minnesota (Exhibits ?602); Hearsay (FRE 13 J and K ) : (ii) Prenda's almost ??801(c), 802); Improper 14 comical attempts to stonewall Opinion (FRE ?701); 15 on the question of whether Speculation (FRE ?602); 16 there was another Alan Cooper Argumentative; Assumes 17 who was the true principal of Facts Not In Evidence; 18 A F Holdings and Ingenuity 13, Improper Characterization 19 or answer any other questions of Evidence. 20 on these matters (Exhibit M ) ; 21 (iii) M r . Gibb's refusal or 22 inability to produce the original 23 Alan Cooper verification page 24 from the Eastern District of 25 California Rule 27 petition (Id.; 26 Exhibit L ) ; and (iv) the facts 27 revealed in the Florida hearing Declaration of Morgan 28 72 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 74 of 97 Page ID #:1267 1 Material Objected to: Grounds for Obiection: Ruling on Obiection: 2 3 transcript in Prenda's Sunlust 4 case (Exhibit N ) , made me 5 extremely suspicious. 6 130. 7 130. Irrelevant (FRE Sustained E. Pietz, pg. 17-18 % 41, as ??401,402); Lacks Overruled 8 follows: Taken together, these Foundation and/or 9 facts suggest a pattern of Personal Knowledge (FRE 10 deception with respect to who ?602); Improper Opinion 11 is really behind these lawsuits. (FRE ?701); Speculation Declaration of Morgan 12 (FRE ?602); 13 Argumentative; Assumes 14 Facts Not In Evidence; 15 Improper Characterization 16 of Evidence. 131. Irrelevant (FRE Sustained E. Pietz, pg. 17-18 1 4 1 , as ??401,402); Lacks Overruled 19 follows: Specifically, it Foundation and/or 20 appears that there is a pattern Personal Knowledge (FRE 21 where, when pressed, Prenda ?602); Improper Opinion 22 has fraudulently held out (FRE ?701); Speculation 23 close/former associates of John (FRE ?602); 24 Steele as purported Argumentative; Assumes 25 representative for the purported Facts Not In Evidence; 26 client in these cases. 17 131. 18 27 Declaration of Morgan Improper Characterization of Evidence. 28 73 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 75 of 97 Page ID #:1268 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 132. Irrelevant (FRE Sustained E. Pietz, pg. 18 f 4 2 , as ??401,402); Improper Overruled 5 follows: Based on these Characterization of 6 suspicions, I sought leave of Evidence. 7 court to conduct limited early 8 discovery into these issues, on 9 behalf of my putative John Doe 3 132. 4 Declaration of Morgan 10 clients being threatened by 11 Prenda. 12 133. 13 133. Irrelevant (FRE Sustained E. Pietz, pg. 1 8 ^ 4 2 , as ??401,402); Improper Overruled 14 follows: On December 26, Characterization of 15 2012, Judge Wright of the Evidence. 16 Central District granted my 17 application for leave to take 18 early discovery on the Alan 19 Cooper questions (Ingenuity 20 13, L L C v. John Doe, C D . C a l . 21 No. 12-cv-8333-ODW,ECF 22 No. 32), and on January 4, 23 2013,1 duly propounded 24 special interrogatories and 25 requests to produce documents 26 seeking answers about Alan 27 Cooper. Declaration of Morgan 28 74 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 76 of 97 Page ID #:1269 Material Objected to: Grounds for Obiection: Ruling on Obiection: 134. Irrelevant (FRE Sustained E. Pietz, pg. 18^42, as ??401,402); Improper Overruled follows: A s of today, Prenda Characterization of has not yet responded. Evidence. 135. 135. Irrelevant (FRE Sustained ??401,402); Lacks Overruled 134. Declaration of Morgan Declaration of Morgan E. Pietz, pg. 18 1 4 3 , as follows: Like a snake shedding Foundation and/or its skin, and for reasons that are Personal Knowledge (FRE not hard to imagine given the ?602); Hearsay (FRE Florida hearing transcript ??801(c), 802); Improper (Exhibit N), among other Opinion (FRE ?701); reasons, it appears that Prenda Speculation (FRE ?602); has recently decided to try and Argumentative; Assumes rebrand itself (again) and is Facts Not In Evidence; now moving away from the Improper Characterization name Prenda Law, Inc. of Evidence. 136. 136. Irrelevant (FRE Sustained _ E. Pietz, pg. 18 143, as ??401,402); Lacks Overruled follows: Thus, I am informed Foundation and/or and believe that starting around Personal Knowledge (FRE the first of 2013, letters issuing ?602); Hearsay (FRE from Prenda's offices in ??801(c), 802); Improper Chicago have issued under the Opinion (FRE ?701); letterhead of the "Anti-Piracy Speculation (FRE ?602); Law Group" rather than Prenda Argumentative; Assumes Declaration of Morgan 75 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 77 of 97 Page ID #:1270 1 Material Objected to: Grounds for Obiection: Obiection: 2 3 Ruling on Facts Not In Evidence; Law. 4 Improper Characterization 5 of Evidence. 6 137. 7 137. Irrelevant (FRE Sustained E. Pietz, pg. 18 144, as ??401,402); Lacks Overruled 8 follows: Further, as of January Foundation and/or 9 9, 2013, the Prenda law, Inc. Personal Knowledge (FRE 10 entity registered in Illinois is ?602); Hearsay (FRE 11 listed as "not in good standing" ??801(c), 802); Improper 12 with the Illinois Secretary of Opinion (FRE ?701); 13 State. Exhibit B . Speculation (FRE ?602); Declaration of Morgan 14 Argumentative; Assumes 15 Facts Not In Evidence; 16 Improper Characterization 17 of Evidence. 18 138. 19 138. Irrelevant (FRE Sustained E. Pietz, pg. 18 % 45, as ??401,402); Lacks Overruled 20 follows: However, there is an Foundation and/or 21 active listing in Illinois for an Personal Knowledge (FRE 22 "Anti-Piracy Law Group ?602); Hearsay (FRE 23 L L C , " formed on November 8, ??801(c), 802); 24 2012. Speculation (FRE ?602); Declaration of Morgan 25 Argumentative; Assumes 26 Facts Not In Evidence; 27 Improper Characterization 28 76 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 78 of 97 Page ID #:1271 Material Obiected to: Grounds for Obiection: Ruling on Obiection: of Evidence. 139. Irrelevant (FRE Sustained E. Pietz, pg. 18 if 45, as ??401,402); Lacks Overruled follows: Exhibit O - A true Foundation and/or and correct copy of the Illinois Personal Knowledge (FRE Secretary of State business ?602); Hearsay (FRE entity listing for the Anti- ??801(c), 802); Piracy Law Group L L C , as of Speculation (FRE ?602); January 14, 2013, is attached Argumentative; Assumes hereto as Exhibit O. Facts Not In Evidence; 139. Declaration of Morgan Improper Characterization of Evidence; Improper Authentication of Document (FRE ?901). 140. Irrelevant (FRE Sustained E. Pietz, pg. 18 f 46, as ??401,402); Lacks Overruled follows: The Illinois business Foundation and/or entity details for both Prenda Personal Knowledge (FRE Law, Inc. and the Anti-Piracy ?602); Hearsay (FRE Law Group, L L C list the same ??801(c), 802); Chicago address for the agent Speculation (FRE ?602); for service, of 161 North Clark Argumentative; Assumes Street, Suite 3200, Chicago, Facts Not In Evidence; Illinois 60601. Improper Characterization 140. Declaration of Morgan of Evidence. 77 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 79 of 97 Page ID #:1272 1 Material Obieeted to: Grounds for Obiection: Ruling on Obiection: 2 141. Irrelevant (FRE Sustained E. Pietz, pg. 18-19147, as ??401,402); Lacks Overruled 5 follows: According to the Foundation and/or 6 footer at the bottom of the Personal Knowledge (FRE 7 January 14, 2013 version of the ?602); Hearsay (FRE 8 wefightpiracy.com website, the ??801(c), 802); 9 content on the site "was Speculation (FRE ?602); 10 prepared by Prenda L a w Inc. Argumentative; Assumes 11 (an Illinois law firm organized Facts Not In Evidence; 12 as a limited liability company Improper Characterization 13 with its principal office at 161 of Evidence. 14 North Clark Street, Suite 3200, 15 Chicago, Illinois 60601, Ph. 1- 16 800-380-0840)." Exhibit A . 17 142. 18 3 141. 4 Declaration of Morgan 142. Irrelevant (FRE Sustained E. Pietz, pg. 1 9 ^ 4 8 , as ??401,402); Lacks Overruled 19 follows: I am informed and Foundation and/or 20 believe that the Anti-Piracy Personal Knowledge (FRE 21 Law Group, L L C is nothing ?602); Hearsay (FRE 22 more than a continuation of ??801(c), 802); Improper 23 Prenda Law, Inc., which itself Opinion (FRE ?701); 24 is nothing more than a Speculation (FRE ?602); 25 continuation of Steele Argumentative; Assumes 26 Hansemeier, P L L C . Facts Not In Evidence; 27 Declaration of Morgan Improper Characterization 28 78 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 80 of 97 Page ID #:1273 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection: 2 3 of Evidence. 4 5 OBJECTIONS T O S U P P L E M E N T A L D E C L A R A T I O N O F M O R G A N E . 6 PIETZ 7 Material Obiected to: Grounds for Obiection: 8 Ruling on Obiection 9 10 11 12 13 14 15 1. Declaration of Morgan 1. Irrelevant (FRE ??401, E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation However, Prenda constructs (FRE ?602); Improper unclear what exactly is the Opinion (FRE ?701); status of my clients. Overruled and/or Personal Knowledge is lawsuits so as to make it Sustained Speculation (FRE ?602); Argumentative; Assumes 16 Facts Not In Evidence; 17 Improper Characterization 18 of Evidence. 19 20 21 22 23 24 25 26 27 28 2. Declaration of Morgan 2. Irrelevant (FRE ??401, E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation The complaint does not and/or Personal Knowledge exactly come out and say that (FRE ?602); Improper the ISP subscriber equals the Opinion (FRE ?701); John Doe defendant. Speculation (FRE ?602); Argumentative; Assumes Facts Not In Evidence; Improper Characterization 79 Sustained Overruled Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 81 of 97 Page ID #:1274 Material Obiected to: Grounds for Obiection: Ruling on Obiection of Evidence. 3. Declaration of Morgan 3. Irrelevant (FRE ??401, E. Pietz, pg. 2 14, as follows: 402); Lacks Foundation However, the requests for (FRE ?602); Improper leave to issue ISP subpoenas, Opinion (FRE ?701); generally tend to conflate ISP Speculation (FRE ?602); subscriber with Doe Argumentative; Assumes defendant. Overruled and/or Personal Knowledge early discovery, seeking Sustained _ Facts Not In Evidence; Improper Characterization of Evidence. 4. Declaration of Morgan 4. Irrelevant (FRE ??401, E. Pietz, pg. 3 % 7, as follows: 402); Hearsay (FRE Exhibit P - Attached as (FRE ?602); Argumentative; correct copy of an email Assumes Facts Not In chain I received wherein M r . Evidence; Improper Gibbs noticed me that M r . Characterization of D u f f y would be substituting Evidence; Improper in to this case as counsel of Authentication of Document record, and an email where Overruled ??801(c), 802); Speculation Exhibit P hereto is a true and Sustained (FRE ?901). M r . D u f f y attempted to meet and confer with on 12-cv8333. 5. Declaration of Morgan 5. Irrelevant (FRE ??401, 80 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 82 of 97 Page ID #:1275 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection 2 3 E. Pietz, pg. 3 1 8, as follows: 402); Lacks Foundation 4 Exhibit Q - Attached as and/or Personal Knowledge 5 Exhibit 0 hereto is a true and (FRE ?602); Hearsay (FRE 6 correct copy of Cooper's ??801(c), 802); Speculation 7 complaint for identify theft, (FRE ?602); Argumentative; 8 etc. Overruled Assumes Facts Not In 9 Evidence; Improper 10 Characterization of 11 Evidence; Improper 12 Authentication of Document 13 (FRE ?901). 14 6. 15 E. Pietz, pg. 3 1 9, as follows: 402); Lacks Foundation 16 Exhibit R - Attached as 17 Exhibit R hereto is a true and (FRE ?602); Hearsay (FRE 18 correct copy o f documents ??801(c), 802); Speculation 19 identifying "Salt March" as (FRE ?602); Argumentative; 20 the "owner" of A F Holdings. Sustained and/or Personal Knowledge Assumes Facts Not In Declaration of Morgan 6. Irrelevant (FRE ??401, 21 Evidence; Improper 22 Characterization of 23 Evidence; Improper 24 Authentication of Document 25 (FRE Overruled 26 7. 27 E. Pietz, pg. 3 1 10, as Declaration of Morgan ?901). 7. Irrelevant (FRE ??401, Sustained 402); Lacks Foundation Overruled 28 81 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 83 of 97 Page ID #:1276 Material Obiected to: Grounds for Obiection: Ruling on Obiection follows: Exhibit S - Attached and/or Personal Knowledge as Exhibit S hereto is a true (FRE ?602); Hearsay (FRE and correct copy of a ??801(c), 802); Speculation declaration attorney Nicholas (FRE ?602); Argumentative; Ranallo prepared regarding Assumes Facts Not In Anthony Saltmarsh. Evidence; Improper Characterization of Evidence; Improper Authentication of Document (FRE ?901). 8. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 111, as 402); Lacks Foundation Overruled follows: Exhibit T - and/or Personal Knowledge Attached as Exhibit T hereto (FRE ?602); Hearsay (FRE is a true and correct copy of a ??801(c), 802); Speculation website registration (FRE ?602); Argumentative; document showing "Alan Assumes Facts Not In Cooper" at an address in Evidence; Improper Phoenix linked to, John Characterization of Steele, his sister and Anthony Evidence; Improper Slatmarsh. Authentication of Document 8. Declaration of Morgan (FRE ?901). 9. Irrelevant (FRE ??401, Sustained _ E . Pietz, pg. 3 1 12, as 402); Lacks Foundation Overruled follows: Exhibit U - and/or Personal Knowledge 9. Declaration of Morgan 82 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 84 of 97 Page ID #:1277 1 Material Obiected to: Grounds for Obiection: 2 Ruling on Obiection 3 Attached as Exhibit U hereto (FRE ?602); Hearsay (FRE 4 is a true and correct copy of ??801(c), 802); 5 the petition in the St. Clair Argumentative; Assumes 6 County Guava, L L C case, Facts Not In Evidence; 7 which appears to be verified Improper Characterization 8 by ' A l a n Moay" or " A l a n of Evidence; Improper 9 Mony". Authentication of Document 10 (FRE 11 10. 12 ?901). 10. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 f 13, as 402); Lacks Foundation Overruled 13 follows: Exhibit V - and/or Personal Knowledge 14 Attached as Exhibit V hereto (FRE ?602); Hearsay (FRE 15 is a true and correct copy of ??801(c), 802); Speculation 16 my reply in the St. Clair (FRE ?602); Argumentative; 17 County Guava, L L C case. Assumes Facts Not In Declaration of Morgan 18 Evidence; Improper 19 Characterization of 20 Evidence; Improper 21 Authentication of Document 22 (FRE ?901). 23 11. 24 11. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 1 14, as 402); Lacks Foundation Overruled 25 follows: Exhibit W - and/or Personal Knowledge 26 Attached as Exhibit W hereto (FRE ?602); Hearsay (FRE 27 is a true and correct copy of ??801(c), 802); Speculation Declaration of Morgan 28 83 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 85 of 97 Page ID #:1278 1 Material Objected to: Grounds for Objection: 2 Ruling on Obiection 3 the declaration about the (FRE ?602); Argumentative; 4 collusion in a Minnesota Assumes Facts Not In 5 Guava L L C case. Evidence; Improper 6 Characterization of 7 Evidence; Improper 8 Authentication of Document 9 (FRE ?901). 10 12. 11 12. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 f 15, as 402); Hearsay (FRE Overruled 12 follows: Johns Steele told ??801(c), 802); Improper 13 me, in front of other, on Characterization of 14 February 13, 2013 in St. Clair Evidence. 15 County that he is currently of 16 counsel to Prenda Law. 17 13. 18 Declaration of Morgan 13. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 1 16, as 402); Lacks Foundation Overruled 19 follows: Exhibit X - and/or Personal Knowledge 20 Attached as Exhibit X hereto (FRE ?602); Hearsay (FRE 21 is a true and correct copy of a ??801(c), 802); Speculation 22 demand letter, dated January (FRE ?602); Argumentative; 23 30, 2013, from the St. Clair Assumes Facts Not In 24 County case listing M r . Evidence; Improper 25 Gibbs as in house counsel for Characterization of 26 Guava, L L C . Evidence; Improper 27 Declaration of Morgan Authentication of Document 28 84 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 86 of 97 Page ID #:1279 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection 2 3 (FRE ?901). 14. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 3 1 17, as 402); Lacks Foundation Overruled 6 follows: Exhibit Y - and/or Personal Knowledge 7 Attached as Exhibit Y hereto (FRE ?602); Hearsay (FRE 8 is a true and correct copy of a ??801(c), 802); 9 letter Mr. D u f f y sent to Judge Argumentative; Assumes 10 Scriven in Florida wherein he Facts Not In Evidence; 11 represents that he is the sole Improper Characterization 12 principal of Prenda Law. of Evidence; Improper 4 14. 5 Declaration of Morgan 13 Authentication of Document 14 (FRE ?901). 15. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 4 118, as 402); Lacks Foundation Overruled 17 follows: Exhibit Z - and/or Personal Knowledge 18 Attached as Exhibit Z hereto (FRE ?602); Hearsay (FRE 19 is a true and correct copy of ??801(c), 802); Speculation 20 M r . D u f f y ' s bio from the (FRE ?602); Argumentative; 21 wefightpiracy.com website, Assumes Facts Not In 22 accessed February 20, 2013. Evidence; Improper 15 15. 16 Declaration of Morgan 23 Characterization of 24 Evidence; Improper 25 Authentication of Document 26 (FRE 27 16. Declaration of Morgan ?901). 16. Irrelevant (FRE ??401, 28 85 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 87 of 97 Page ID #:1280 1 Material Obiected to: Grounds for Obiection: Ruling on Obiection 2 3 E. Pietz, pg. 3 119, as 402); Lacks Foundation 4 follows: Exhibit A A - and/or Personal Knowledge 5 Attached as Exhibit A A (FRE ?602); Hearsay (FRE 6 hereto is a true and correct ??801(c), 802); Speculation 7 copy of John L . Steele's (FRE ?602); Argumentative; 8 LinkedIn profde where he Assumes Facts Not In 9 states that he "sold [his] Evidence; Improper 10 client book to Prenda L a w in Characterization of 11 2011." Overruled Evidence; Improper 12 Authentication of Document 13 (FRE ?901). 17. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 4 1 20, as 402); Lacks Foundation Overruled 16 follows: Exhibit B B - and/or Personal Knowledge 17 Attached as Exhibit B B (FRE ?602); Hearsay (FRE 18 hereto is a true and correct ??801(c), 802); Speculation 19 copy of a complaint listing (FRE ?602); Argumentative; 20 wherein Paul Hansemeier's Assumes Facts Not In 21 firm Alpha L a w Firm, L L C Evidence; Improper 22 represents Guava, L L C in Characterization of 23 Minnesota. Evidence; Improper 14 17. 15 Declaration of Morgan 24 Authentication of Document 25 (FRE 26 18. 27 E . Pietz, pg. 4 f 21, as Declaration of Morgan ?901). 18. Irrelevant (FRE ??401, Sustained 402); Lacks Foundation Overruled 28 86 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 88 of 97 Page ID #:1281 1 Material Objected to: Grounds for Obiection: 2 Ruling on Obiection 3 follows: Exhibit C C - and/or Personal Knowledge 4 Attached as Exhibit C C (FRE ?602); Hearsay (FRE 5 hereto is a true and correct ??801(c), 802); Speculation 6 copy of the LinkedIn profde (FRE ?602); Argumentative; 7 for Michael Dugas listing Assumes Facts Not In 8 Prenda Law. Evidence; Improper 9 Characterization of 10 Evidence; Improper 11 Authentication of Document 12 (FRE ?901). 13 19. 14 19. Irrelevant (FRE ??401, Sustained E. Pietz, pg. 4 1 22, as 402); Argumentative; Overruled 15 follows: Exhibit D D - Improper Characterization 16 Attached as Exhibit D D of Evidence; Improper 17 hereto is a true and correct Authentication of Document 18 copy of an unpublished Ninth (FRE ?901). 19 Circuit sanctions opinion. Declaration of Morgan 20 21 OBJECTIONS T O D E C L A R A T I O N O F B A R T H U F F M A N 22 23 24 25 26 27 Material Objected to: Grounds for Objection: Ruling on Obiection 1. Irrelevant (FRE ??401, Sustained Huffman, pg. 1-2 f 3, as 402); Lacks Foundation Overruled follows: The subpoena to and/or Personal Knowledge A T & T : (i) is signed by Paul (FRE ?602); Hearsay (FRE D u f f y of Prenda Law, Inc.; ??801(c), 802); Speculation 1. Declaration of Bart 28 87 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 89 of 97 Page ID #:1282 Material Objected to: Grounds for Objection: (ii) specifies that production (FRE ?602); Argumentative; should be made at the Assumes Facts Not In offices of Prenda Law, Inc., Evidence; Improper 161 N . Clark Street, Suite Characterization of 3200, Chicago IL 60601; Ruling on Objection Evidence. (iii) is issued from the U.S. District Court for the Northern District of Illinois; and (iv) was served under cover of a letter from the "Prenda L a w Inc. Subpoena Team. 2. Irrelevant (FRE ??401, Sustained Huffman, pg. 2 % 4, as 402); Lacks Foundation Overruled follows: There is no and/or Personal Knowledge apparent reason for the (FRE ?602); Improper issuance of the Subpoena to Opinion (FRE ?701); A t & T from the Northern Speculation (FRE ?602); District of Illinois other than Argumentative; Assumes that M r . D u f f y specified Facts Not In Evidence; Prenda Law's office address Improper Characterization of in Chicago as the place of Evidence. 2. Declaration of Bart production. 3. Declaration of Bart Huffman, pg. 2 f 4, as 3. Irrelevant (FRE ??401, Sustained 402); Improper Opinion Overruled 88 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 90 of 97 Page ID #:1283 Ruling on Objection 1 Material Obiected to: 2 follows: This practice has (FRE ?701); Argumentative; 3 been criticized by federal Improper Characterization of 4 courts. Evidence. 5 4. 4. Irrelevant (FRE ??401, Sustained 6 Huffman, pg. 2 1 5, as 402); Improper Overruled 7 follows: According to court Characterization of 8 records available on Evidence. 9 P A C E R , the 5725 Lawsuit Declaration of Bart 10 was transferred to Judge 11 Otis Wright on or about 12 October 5, 2012. The 5725 13 Lawsuit was thereafter 14 administered in connection 15 with related case AF 16 Holdings LLC v. Doe, No. 17 12-cv-5709 ( C D . C a l ) . 18 5. 19 Grounds for Obiection: 5. Irrelevant (FRE ??401, Sustained Huffman, pg. 2 1 6, as 402); Improper Overruled 20 follows: On or about Characterization of 21 October 19, 2012 Judge Evidence. 22 Wright entered in the 5725 23 Lawsuit an Order Vacating 24 Prior Early Discovery 25 Orders and Order to Show 26 Cause. (5725 Lawsuit, E C F 27 No. 9.) Declaration of Bart 28 89 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 91 of 97 Page ID #:1284 1 Material Obiected to: 2 6. 3 Grounds for Objection: Ruling on Obiection 6. Irrelevant ( ? ^ ? ? 4 0 1 , Sustained Huffman, pg. 2 *f 6, as 402); Improper Overruled 4 follows: In that Order, Characterization of 5 Judge Wright ordered Evidence. 6 Plaintiff to "cease its 7 discovery efforts relating to 8 or based on information 9 obtained through [Rule 45 Declaration of Bart 10 subpoenas allowed by a 11 prior early discovery 12 order]." (Id.) 13 7. 14 7. Irrelevant (FRE ??401, Sustained Huffman, pg. 3 1 7, as 402); Lacks Foundation Overruled 15 follows: A s reflected in the and/or Personal Knowledge 16 Kerr Declaration, on (FRE ?602); Hearsay (FRE 17 November 1, 2012, Angela ??801(c), 802); Improper 18 Van Den Hemel o f Prenda Opinion (FRE ?701); 19 Law, Inc. sent an e-mail Speculation (FRE ?602); 20 message to Camille D . Kerr Argumentative; Assumes 21 forwarding a copy of the Facts Not In Evidence; 22 Subpoena to A T & T (along Improper Characterization of 23 with proof of service) and Evidence; Improper 24 asking for an update on the Authentication of Document 25 5725 Lawsuit. (Kerr Deck % (FRE 26 2 and Ex. 1.) 27 8. Declaration of Bart Declaration of Bart ?901). 8. Irrelevant (FRE ??401, 28 90 Sustained Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 92 of 97 Page ID #:1285 1 Material Obiected to: Grounds for Obiection: Ruling on Objection Overruled 2 Huffman, pg. 3 1 7, as 402); Lacks Foundation 3 follows: M s . V a n Den and/or Personal Knowledge 4 Hemel's e-mail message (FRE ?602); Hearsay (FRE 5 also included a copy of the ??801(c), 802); Improper 6 same early discovery order Opinion (FRE ?701); 7 that Judge Wright had Speculation (FRE ?602); 8 vacated and expressly stated Argumentative; Assumes 9 should not be the basis of Facts Not In Evidence; 10 subsequent discovery Improper Characterization of 11 efforts. Evidence. 12 9. 9. Irrelevant (FRE ??401, Sustained 13 Huffman, pg. 3 1 7, as 402); Lacks Foundation Overruled 14 follows: M s . V a n Den and/or Personal Knowledge 15 Hemel e-mail message could (FRE ?602); Hearsay (FRE 16 only have been referring to ??801(c), 802); Improper 17 whether A T & T had or was Opinion (FRE ?701); 18 going to produce Speculation (FRE ?602); 19 information in response to Argumentative; Assumes 20 the Subpoena to A T & T , Facts Not In Evidence; 21 because A T & T had no other Improper Characterization of 22 involvement in the case. Evidence. 23 10. 10. Irrelevant (FRE ??401, Sustained 24 Huffman, pg. 3 f 9, as 402); Hearsay (FRE Overruled 25 follows: On November 8, ??801(c), 802); Improper 26 2012,1 sent an e-mail Opinion (FRE ?701); 27 message to M s . Van Den Argumentative; Assumes Declaration of Bart Declaration of Bart 28 91 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 93 of 97 Page ID #:1286 Material Obiected to: Grounds for Objection: Hemel concerning the 5725 Facts Not In Evidence; Lawsuit, in which I stated, Improper Characterization o f "Upon review of the court Ruling on Objection Evidence. fdes, it appears that any early discovery orders in this case (and a number of other A F Holdings cases) were vacated. Please let us know if you have information to the contrary." 11. Declaration of Bart 11. Irrelevant (FRE ??401, Sustained Huffman, pg. 3 19, as 402); Hearsay (FRE Overruled follows: Exhibit 4 - A true ??801(c), 802); Improper and correct copy of that e- Opinion (FRE ?701); mail message is attached Speculation (FRE ?602); hereto as Exhibit 4. Argumentative; Assumes Facts Not In Evidence; Improper Characterization o f Evidence; Improper Authentication of Document (FRE ?901). 12. Irrelevant (FRE ??402); Sustained _ Huffman, pg. 3 % 9, as Hearsay (FRE Overruled follows: I never received 802); Argumentative; any response to my e-mail Improper Characterization of message, and I never Evidence. 12. Declaration of Bart 92 ??801(c), Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 94 of 97 Page ID #:1287 1 Material Obiected to: 2 information or 4 communication from Prenda 5 Law, Inc. concerning the 6 Subpoena to A T & T or the 7 5725 Lawsuit. 8 13. 9 Ruling on Obiection received any further 3 Grounds for Obiection: 13. Irrelevant (FRE ??402); Sustained Huffman, pg. 3 f 10, as Hearsay (FRE Overruled 10 follows: N o attorney or 802); Argumentative; 11 paralegal for Prenda Law, Improper Characterization of 12 Inc. has notified me of such Evidence. 13 dismissal; nor, to my 14 knowledge, has any attorney 15 or paralegal for Prenda Law, 16 Inc. ever notified anyone 17 else associated with A T & T 18 or Locke Lord L L P of such 19 dismissal. Declaration of Bart ??Wl(c), 20 21 OBJECTIONS T O D E C L A R A T I O N O F C A M I L L E D. K E R R 22 23 24 25 26 27 Material Obiected to: Grounds for Obiection: Ruling on Obiection 1. Irrelevant (FRE ??401, Sustained Camille D . Kerr, pg. 1 f 2 , 402); Lacks Foundation Overruled as follows: On November 1, and/or Personal Knowledge 2012,1 received an e-mail (FRE ?602); Hearsay (FRE message from Angela V a n ??801(c), 802); Speculation 1. Declaration of 28 93 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 95 of 97 Page ID #:1288 1 Material Objected to: Grounds for Obiection: 2 Den Hemel, whom I believe (FRE ?602); Assumes Facts 3 to be a paralegal with Not In Evidence; Improper 4 Prenda L a w Inc., wherein Characterization of 5 Ms. Van Den Hemel Evidence. 6 requested an update with 7 respect to a subpoena to 8 A T & T issued in A F 9 Holdings L L C v. John Doe, 10 No. 12-cv-05725 ( C D . Cal.) 11 (the "Subpoena to A T & T " 12 issued in the "5725 13 Lawsuit"). 14 2. 15 Ruling on Objection 2. Irrelevant (FRE ??401, Sustained Camille D . Kerr, pg. 1 f 2, 402); Lacks Foundation Overruled 16 as follows: M s . V a n Den and/or Personal Knowledge 17 Hemel's e-mail message to (FRE ?602); Hearsay (FRE 18 me attached a copy o f the ??801(c), 802); Improper 19 corresponding subpoena Characterization of 20 package, consisting of a Evidence. 21 cover letter, the July 11, 22 2012 Order Granting 23 P l a i n t i f f s E x Parte 24 Application for Leave to 25 Take Expedited Discovery, 26 and the Subpoena to A T & T 27 with proof of service. Declaration of 28 94 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 96 of 97 Page ID #:1289 1 Material Obiected to: Grounds for Obiection: Ruling on Objection 3. Irrelevant (FRE ??401, Sustained Camille D . Kerr, pg. 1 f 2, 402); Hearsay (FRE Overruled 4 as follows: Exhibit 1 - A ??801(c), 802); Improper 5 true and correct copy of Ms. Characterization of 6 Van Den Hemel's e-mail Evidence; Improper 7 message to me (including its Authentication of Document 8 attachments) is attached (FRE 9 hereto as Exhibit 1. 2 3. 3 Declaration of ?901). 4. Irrelevant (FRE ??401, Sustained Camille D . Kerr, pg. 2 *[f 3, 402); Hearsay (FRE Overruled 12 as follows: On November 6, ??801(c), 802); Improper 13 2012, Angela V a n Den Characterization of 14 Hemel sent another e-mail Evidence. 15 message to me asking about 16 the 5725 Lawsuit and the 17 Subpoena to A T & T . 18 5. 19 10 4. 11 Declaration of 5. Irrelevant (FRE ??401, Sustained Camille D . Kerr, pg. 2 1 3, 402); Hearsay (FRE Overruled 20 as follows: Exhibit 2 - A ??801(c), 802); Improper 21 true and correct copy of that Characterization of 22 e-mail message is attached Evidence; Improper 23 hereto as Exhibit 2. Authentication of Document Declaration of 24 (FRE ?901). 25 6. 26 27 6. Irrelevant (FRE ??401, Sustained Camille D . Kerr, pg. 2 ^ 4 , 402); Hearsay (FRE Overruled as follows: On November 8, ??801(c), 802); Improper Declaration of 28 95 Case 2:12-cv-08333-ODW-JC Document 64-1 Filed 03/05/13 Page 97 of 97 Page ID #:1290 1 Material Obiected to: Grounds for Obiection: 2 2012,1 was copied on an e- Characterization of 3 mail message from Bart Evidence; Improper 4 Huffman to M s . V a n Den Authentication of Document 5 Hemel concerning the 5725 (FRE ?901). 6 Lawsuit, in which M r . 7 Huffman stated, "Upon 8 review of the court fdes, it 9 Ruling on Objection appears that any early 10 discovery orders in this case 11 (and a number of other A F 12 Holdings cases) were 13 vacated. Please let us now i f 14 you have information to the 15 contrary." 16 7. 17 7. Irrelevant (FRE ??402); Sustained Camille D . Kerr, pg. 2 f 4, Hearsay ( F # ? ??801(c), Overruled 18 as follows: I have not 802); Argumentative; 19 thereafter received any Improper Characterization of 20 information or Evidence. 21 communication from Prenda 22 Law, Inc. concerning the 23 Subpoena to A T & T or the 24 5725 Lawsuit. Declaration of 25 26 D A T E D : 27 By: Honorable Otis D . Wright, II Judge of the United States District Court 28 96