. Case 2:12--cv-08333-oow-Jo Docum U1 00 KO l\-05/23/13 Plage 1 of9 Page ID #:3256 Paul Duffy 2 N. LaSal1e St., 13th Floor Chicago, IL 60602 Telephone: (312) 952-6136 In Propria -Persona IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA INGENUITY13 LLC, Case No. PAUL MOTION FOR V. STAYING ENFORCEMENT OF MAY 6 AND MAY 21 ORDERS IMPOSING SAN CTIONS AND PENALTIES Date: June 24, 2013 Time: 1:30 p.m. Judge: Hon. Otis D. Wri ht, II Magistrate Judge: Hon. acqueline Choolpan APPROVAL OF BONDAND ORDER . JOHN DOE, Defendant. Pursuant to Rule 62(d) of the Federal Rules of Civil Procedure, movant Paul Duffy ("Duffy") respectfully requests that the Court approve the supersedeas bond, 3 which was posted with the District Court on May 22, and thereby stay enforcement of the May 6, 20133, and the May 21, 2013, Orders imposing monetary sanctions and penalties. The May 6, 2013, sanctions award (Dkt. 130) was in the amount of $81,319.72. In its May 21, 2013, Order assessing further penalties and 1 A true and correct and conformed copy of which is attached hereto-as Exhibit . 1 PAUL MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 . ORDERS IMPOSING SANCTIONS AND PENALTIES Case 2:11-cv-08333-obw-Jo Document-170 Filed 05/23/13 1 age 2 of 9 Page ID #:3257 denying Prenda Law, Inc.'s Application for a Stay of the Proceedings (Dkt. 164), the Court indicated that it would approve a supersedeas bond in the amount of the May 6, 2013, sanctions order? Movant attempted to meet and confer with opposing counsel Morgan Pietz on the type and amount of the bond. compromise could not be reached, but this .Court's May 21, 2013, Order thereafter delineated the requirements for a supersedeas bond. The moving party believes that the bond posted with the Court on May 22, 2013, satisfies the requirements of the Court's May 21 Order, and that the amount will cover both the Court's original May_6, 2013, sanctions order and the imposition of penalties in the May 21, 2013, Order. See Exhibit A. 8 Duffy respectfully requests that the Court approve the supersedeas bond and grant the requested stay of enforcement of the_May 6 and May 21 Orders. Under Ninth Circuit law, the purpose of a supersedeas bond is to secure an appellee from a loss that may result from the stay. Rachel 12. Biamma Republic, Inc., 831 F.2d 1503, 1505 n.1 (9th Cir. 1987). The posting of a blond protects the prevailing party from the risk of a later uncollectible judgment and compensates for delay in the entry of the final judgment. NLRB Westphal, 859 F.2d 818, 819 (9:11 Cir. 1988). I Duffy believes the form and bond of surety to be acceptable to the Clerk's office because (1) the surety, SureTec Insurance Company, is approved by the United 2 The principal amount of the bond postedis $101,650.00. The overage amount is intended to cover the additional sanctions imposed by the Court in its May 21, 2013 order. Because the sanctions calculation was subject to different interpretations, the bond, out of an abundance of caution was in the amount of 125% of the original sanctions award. - 2 PAUL MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SAN CTIONS AND PENALTIES Case2Document 170 Filed 05/23/13 Page 3 of 9 Page ID #:3258 States Department of the Treasury, Bureau of Financial Management (see "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," U.S. Department of the Treasury, I July 2, 2012); and (2) the agent of the surety resides in the District and has executed the bond as attorney-in--fact. (See Exhibit A.) The bond thus provides the appellee with protection while Duffy pursues his right to appellate review. The undersigned therefore respectfully requests that the' Court approve the bond and issue an order staying the enforcementof the May 6, 2013, and May 21, 2013, Orders imposing sanctions and penalties upon Duffy. For the foregoing reasons, Duffy resbond Motionpectfully requests that this Court grant this Motion and approve the supersedeas bond posted with the Court on 6 May 22, 2013, and stay enforcement of the'Court's orders imposing sanctions and penalties pursuant to Rule 62(d) of the Federal Rules of Civil Procedure. By: Paul Duffy -2 N. LaSalle St., 13th Floor Chicago, IL 60602 Telephone: (312) 952-6136 In Propria Persona -DATED: May 23, 2013 3 PAUL MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES .. i . I Document 170- Filed |5age 4 of 9 Page ID #:3259 SureTec Insurance Company THE UNITED STATE DISTRICT COURT, CENTRAL or CALIFORNIA 13 LLC, Plaintiff, 3 JOHN DOE No_ Del9"d"'"t- UNDERTAKING FOR I I Appeal WHEREAS, the above named ingenuity 13 John Steele. Paul Hansmcier. Paul Duffy. AF Holdings LLC Prenrla Law lnr:_. desirfls) . to give undertaking for - Suoersecleas 1 as provided by section 917.1 of 'California Code ofCivil Procedure and as 'providec_l_by applicable rules ofthe Federal Rules ct' Civil Procedure. NOW, THEREFORE, the undersigned surety,_ does hereby obligate itself, jointly and severally to J0h1'l D0_f?_ under said statutory ohligations in the sum of One Hundred and One Thousand. Six Hundred and Fifty and IOLBSODO IT [8 FURTHER AGREED by the Surety, that in case of' default or-eontulmacy on the part of the Surety, the Court niay, upon' notice to it of not less than tenvdays. proceed summarily and render judgmentagainst it in accordance with their obligation and award execution thereon. Signed, sealed and dated this day of May ,.-2013 $1017.00 BY: //Justin lfiuenaventura "lntorney-intact -- Loorstso suraTec Insurance Company cl-EFlK; U3. COURT 3033 5111 Av.. Ste 300 San Diego, . g$2N?imL oiennor or cw. I .. . . - - . . '5 'Case Document 170 Filed |5age5of9 Page 3 ALL- I -5:079'. State of California County of ERPGSE are Here lnserf.'Narhe and Title of the Officer On . before me, t_Lu--mrl9r . nrfiqru s\Iams(s) oi personally appeared . FWC1 who proved to, me on the basis of satisfactory evidence to be the person-(3) whose namels) is/are subecribed- to the within instrument and acknowledged to me that he/she/they executed the same in hie/herftheir authorized capacitylies), and that by hisfher/their signeture(s) on the FEE instrument the perecn(s), or the entity upon behalf of MMr,;;2oo2448 . which the pereon(s) acted; executed the instrument. eemmeuao-oautoeeo if lcertify 'under PENALTY cs P-ERJURY under the laws .-- - of the State of California that the foregoing paragraph-is true and corr hand a official seal Place Notary I Signat . Signeturydi tlatargr Public OPTIONAL Though the information ?5efo_w is not required by few, it may prove valuable -to persons rel mg on the document and could prevent fra'ucfu.'enl' removal and reaitaohment of this form to another document. Description. of A_ttach'eci Document Titte or Type of Document: Document Date: Numb?l 0' Signerts) Other Than Named Above: Claimed by Signerls) signers Name; Signer"e Name: 3 individual individual 23 Corporate Officer 8 Corporate Officer Titlelel: Cl Partner Limited El General . .. :3 Partnermti Limited General C3 Attorn-ey in Fact Attorney In Fact Top of.l'nurnb here Trustee C!Trustee C1 Guardian or Conservator Guardian or Conservator Er Other: Other: Signer ls Representing: Signer ls Representing: .4, ,4 - ..-. Na-.t' naltlotary Association-93500 SatoAve.. 4 ?43" - - - #5907 Heard ethic 1' - .- I fcase Document 170 Filed in 0510376 . SureTec Insurance Cornpanf LIRIITED POWER OF ATTORNEY 59 Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal offioe in Houston, Harris County, Texas, does by these presents . . make' appomt Jennifer Wayne, Will Mingram. Ryan Tosh. Kevin J. Phillips, Alfonso Lujao, -Sylvia Diane Geneva, John D. Strong, Oscar Zachary Gallegos, Justin Buenaventurs its true and _1awfuIAttorney--in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the I conditions of contracts and consents -ofsbrety for'. Five Million and Dollars and to bind the "Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company andduly attested by its Secretary, hereby ratifying and confirming all that the said Attorneydn-Fact may do in the premises. Said appointment shall continue in force until and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: - Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shal-l be and is hereby vested with full power and authority to appoint any one or more suitable persons as to represent and act for and on behalf of the Company subject to the following provisions: . Attorney-in-Fact may be given me power and authority for and in the name of and_of behalf of the Company, to execute, acknowledge and deliver," any and all bonds, reoogoizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all Attorney-in-Fact shall be binding upon the Company as if -signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding' upon the Company with respect to any bond or undertaking to which it isattaohed. (Adapted at meeting held on 20"' ofA_pr1'l. 1999.) In Witness Pfizerenf} SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st'day of March, AD. 2013. COMPANY eweJohn Knox Jr/./President - State ofTexas . ss: - County of Harris we . . On this 21st day of 2013 before me John Knox Jr., to me known, who, being by' me duly sworn, did deposc and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the 'above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Jacqitelyn Maidonado,_Notary Public My commission expires May 18, 2017 elm" Jnoouenrw MALDONADO f' Notary Public ., Slate oi Texas t-rune' My comm. Exp. 5l18i'201?' M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force -and effect; and furthermore, the resolutions of the l3oerd_oi' Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1 day of A.D. ll/I. Brexfi Beatyr Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 8412-0800 any business day between 8:00 am and 5:00 pm CST. notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such -- I Case 2:12-cv-08333-ODW-Jgi Document 170 Filed Piage of 9 Paqe ID #:3262 RULE 65-5 . BOND on UNDERTAKING -- CERTIFICATE BY are uvay THIS BOND (on UNDERTAKEIG) HAS BEEN ExA1vm~I1m runsumr TO Le: CAL RULE 55.3 mm IS mm rr (R)as mm REQUIRED BYLAW To BE APPROVED BYAJIIDGE. DATED THISOZO no r; ALPPROVED THIS DAY OF 20 JUDGE Case 2:1 :2-cv-08333-oovv-Jo Document 170 Filed 05/23/13 page 8 of 9 Page ID #23263 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA INGENUITY 13 LLC, CASE NO. (JCX) Plaintzfi', V. Judge: Hon. Otis D. Wright, II . Magistrate Judge: Hon. Jacqueline JOHN DOE, 6 Defendant. I CERTIFICATE OF SERVICE La.) U1 ON 00 IT IS HEREBY CERTIFIED THAT: . I, the_unders1gI1_ed, am a citizen of the United States an_d am at least eighteen years of age. My business address 1S 2 N. LaSalle Street, Chicago, IL 60602. I have caused service of: NOTICE OF MOTION AND MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 2013 AND MAY 21, 2013, ORDERS IMPOSIN SAN CTIONS AND PENALTIES On the followin parties by mailin a copy of the foregoin document to each of the parties and thilfdg-parties identified Eelow Via first class Mail, postage prepaid. PARTY COUNSEL OF SE Brett L. Gibbs Brett. gibbs@gmail.com 28 Altaniont Ave. Specially Appearing in Pro Per -Mill Valley, CA 94941 . Klinedinst PC 501 West Broadway, Suite 600 Prenda Law, Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 San Diego, California 92101 800.380.0840 Telephone: (619) 239-8131 Paul Duffy Pro Se 0 2 N. La Salle St., 13th Floor Chicago, IL 60602 312.952.6136 John Steele Pro Se 8 PAUL MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY 6 MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES -P Document 170 Filed Phge9of9 1111 Lincoln Rd., Suite 400 Miami Beach, FL 33139 708.689.8131 Angela Van Den Hemel c/o Prenda Law, Inc. 161 N. Clark St., Suite 3200 Chicago, IL 60601 800.380.0840 Pro Se Non-Party Steele Hansmeier PLLC Company formally dissolved in 2011 Non-Party 6881 Forensics, LLC Springates East Government Road Charlestown, Nevis Pro Se Plaintiff_Ingenuityl3, LLC and related-case plaintiff AF Holdings, LLC Brett L. Gibbs, Esq. (SBN 251000) Of Counsel to Prenda Law Inc. 38 Miller Avenue,.Suite 263 Mill Valley, CA 94941 . 415-325-5900 I blgibbs@wef1ghtpiracy.com Non-Party Putative John Doe Morgan Pietz The Pietz Law Firm . 3770 Highland Ave., Ste. 206 Manhattan Beach, CA 90266 Telephone: (310) 424-5557 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 23, 2013. Signature - PAUL MOTION FOR APPROVAL OF BOND AND ORDER STAYING ENFORCEMENT OF MAY MAY 21 ORDERS IMPOSING SANCTIONS AND PENALTIES