Case 8:12-cv-01685-MSS-MAP Case3:12-cv-02396-EMC Document Document104-3 49-1 Filed Filed08/28/13 04/11/13 Page Page1 1 of 3 ofPageID 3 416

Exhibit "A" Declaration of Brett Gibbs - 4/11/2013

Case 8:12-cv-01685-MSS-MAP Case3:12-cv-02396-EMC Document Document104-3 49-1 Filed Filed08/28/13 04/11/13 Page Page2 2 of 3 ofPageID 3 417

DECLARATION OF BRETT L. GIBryS

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a

I, Rrett L. Gibbs, declare and state as tollows:

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l.
and

I am an attorney at law duly licensed to practice before all ol'the courts

in the State of

California. I have personal knowledge of the facts sei fkrrth below.

if called upon to do so.
ancl r,viis ilttorttev

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I could

and would competently testifo to thern

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I was previously "Of Clounsel" to Prenda Law

of

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record lbr Prenda Law clients in connection with copyright litigal.ici: in California.

At some point in time in 2012, I was asked by John Steele and Paul
a rcsource ttl anslver

t0 Hansmeier, who I have previously referenced as "senior tnettiliers"' *1'Prettda La.v;

i1

in a declaration submitted in a California District Court.r to

h-re

t2 questions and provide guidance in connectiort with certain copyrigitt cast's Iiled by l3 attorneys hired by Prenda Law in Florida, including Sunlttst [ticiure':;.

Ll'{'t'.
lf

Tttittt

t4 I{guyen, Case No. 8:12 -cv- 01685 MSS-MAP (the "sunlust Action").

questions

t5 from the Florida counsel arose about issues that I was not ianr!iiar r,t'ittt cit'requireci

l6 decisions by Prenda Law's clients, I would raise them

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r'itli

'lolrn 'Stec'le and Paul

Hansmeier and receive instructions from John Steele and Paul Iianstneier that I

l8 would then pass onto the Florida counsel.

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4.

For example, the decision to file the Sunlusl Action was rnade bv

20 Messrs. Steele and Flansmeier, the settlement parameters were g,iven

ttl ntc hv

2t Messrs. Steele and Hansmeier, and it was Messrs. Steele anci iiansnte-ie-'r who gave
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me instructions concerning how to advise the

lorida counsel in the Sunius[ Aciion'

Moreover, I believe that it was Mr. Steele that was responsible lar locatiirg the various Florida counsel to handle the litigatiorr in Floricla on beirali'ci PrencJa Lal'r.

5.

I have no recollection of taiking to Paul Duffy cottcet'niug, the Sunlusl.

Action prior to the Court's November 8, 2012 Order requiring "a princ-iiral of'Prenda

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' DKT'.58 in Ingentrity,

13,

LLCv..lohn[)oe, Case No.: .2:]2

' c't' 0,9JJ-? ODIV- L{i'.

Case 8:12-cv-01685-MSS-MAP Case3:12-cv-02396-EMC Document Document104-3 49-1 Filed Filed08/28/13 04/11/13 Page Page3 3 of 3 ofPageID 3 418

Law, Inc." to attend that hearing. I no recollection of discussions with Mr. Duf&
relating to strategic decisions in this matter.

6.

I was told by either Paul Hansmeier or John Steele that Mark [,utz

would show up at the November 27,2012 hearing in the Stmlust Action. I believe
that it was either John Steele or Paul Hansmeier that made this dec-ision. I was not part of the decision making process which led to Mark Lutz appearing at the November 27th hearing.

-l
I declare under the penalty of perjury under the laws of the tJnited States of

il Ltnday
trl
,,
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America that the foregoing is true and correct. This declaration is executed on the of April, 2013,

n lVl;il futhl-, calirornia.

BRETT L.

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2l
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