After judge told #Prenda couldn't file Lutz excuses for missing hearing under seal, they want in camera inspection. (descript stolen from @adamsteinbaugh)
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EX PARTE
Application For In Camera Inspection No.
3:12-CV-02396-EMC
Paul Duffy (Bar No. 224159)2 N. LaSalle Street, 13
th
Floor Chicago, IL 60601Phone: (312) 952-6136E-mail: paduffy@wefightpiracy.com
Attorney for Plaintiff
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIAAF HOLDINGS LLC, )
Case
No.
) 3:12-cv-2396-EMC
Plaintiff, )v. )
EX PARTE
)
APPLICATION FOR IN CAMERA) INSPECTION OF AFFIDAVIT
)
OR OFFER OF PROOF
)) Judge: Hon. Edward M. ChenJOE NAVASCA, ) Magistrate Judge: Hon. Nandor J. VadasDefendant. )) ____________________________________)
AF Holdings, LLC (“AF Holdings”) hereby applies to this Court for an
order granting it leave to submit an affidavit of its principal, Mark Lutz, for in camerainspection to the Court, to determine whether it should be filed publicly. In thealternative, Plaintiff respectfully requests that the Court allow it the opportunity tomake an offer of proof for purposes of establishing whether the reasons for hisabsence from the evidentiary hearing on August 28, 2013 should be made public.
The Court on September 5, 2013 denied Plaintiff’s prior request to submit an
affidavit under seal and indicated that the principal should have taken further effortsto ensure that he was present at the August 28, 2013 evidentiary hearing. However,Plaintiff is informed and believes that Mr. Lutz was prevented from boarding hisaircraft to travel from Miami Beach, Florida to San Francisco California for reasons
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EX PARTE
Application No.
3:12-CV-02396-EMC
that were completely unforeseeable to him at the time and entirely beyond his control.Mr. Lutz has informed Plaintiff that he wishes to explain to the Court the reasons for his absence, but the reasons are of a very sensitive nature and would expose Mr. Lutzto undue scrutiny, particularly in this case, where counsel for Defendant hasartificially publicized its importance throughout the country. Undersigned counsel believes in good faith that the Court may determine that the reasons Mr. Lutz is prepared to give to explain his absence were wholly outside of his control andestablish good cause to justify his absence. Plaintiff does not make this requestlightly.At this time, Plaintiff is not seeking in camera review of any affidavit relatingto substantive matters at issue in the evidentiary hearing, and is not seeking leave tofile the affidavit under seal, which the Court has clearly already denied. Plaintiff issolely asking the Court to preliminarily review an affidavit, in camera, in which Mr.Lutz is expected to explain his inability to attend that hearing, for reasons wholly beyond his control. Plaintiff, in the alternative, requests that the Court allow it tomake an offer of proof which Plaintiff believes may allow it to establish that theaffidavit should not be made public.
Respectfully submitted,
AF Holdings, LLC
DATED: September 11, 2013
By: s/ Paul A. Duffy
One of its attorneys
Paul A. Duffy, Esq.2 N. LaSalle Street13
th
Floor Chicago, IL 60602(312) 952-6136 pduffy@pduffygroup.com
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EX PARTE
Application No.
3:12-CV-02396-EMC
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on September 11, 2013, all individuals of recordwho are deemed to have consented to electronic service are being served a true and correctcopy of the foregoing document, and all attachments and related documents, using the
Court’s ECF system.
By: s/ Paul A. Duffy
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