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Plaintiff’s Statement Regarding Website Access During Pendency of Case

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Marc J. Randazza, AZ Bar No.: 27861

Ronald D. Green, Pro Hac Vice

RANDAZZA LEGAL GROUP, PLLC

3625 S. Town Center Drive, Suite 150

Las Vegas, NV 89135

Telephone: 702-420-2001

Facsimile: 305-437-7662

ecf@randazza.com

Attorneys for Plaintiff,

AMA Multimedia LLC

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

AMA MULTIMEDIA LLC, 

a Nevada limited liability company,

Plaintiff,

vs.

MARCIN WANAT, a foreign citizen; 

John Does 1-25; and

Roe Corporations 26-50,

Defendants.

Case No. 2:15-cv-01674-ROS 

PLAINTIFF’S STATEMENT 

REGARDING WEBSITE ACCESS 

THROUGHOUT PENDENCY OF 

CASE

Plaintiff AMA Multimedia, LLC (“AMA”) hereby files its statement 

regarding its request that the Court order Defendant Marcin Wanat to 

permit Internet users in Arizona and Nevada to use the EPorner website for 

the duration of this litigation. 

Plaintiff AMA initially filed suit against Defendant Wanat as a Doe 

Defendant, as he replaced his name on the registrations of the 

<eporner.com>, <epornergay.com>, and <eprncdn.com> domains (the 

“Domain Names”) with that of a privacy service. In order to ascertain 
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Plaintiff’s Statement Regarding Website Access During Pendency of Case

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Mr. Wanat’s identity, Plaintiff moved this Court for early discovery. 

Specifically, it desired to subpoena the registrars and privacy services 

associated with the Domain Names. On September 23, 2015, this Court 

granted Plaintiff’s request in part, providing AMA with leave to subpoena 

the registrar and privacy service located in Arizona. (See Doc. # 9.) At 

the time, this covered the <epornergay.com> and <eprncdn.com> 

domains, but not the <eporner.com> domain.

AMA served subpoenas upon the Arizona based registrar and 

privacy service on September 24, 2015. Immediately thereafter, the 

registrar and privacy service informed Plaintiff AMA that they would 

comply with the subpoenas but would first notify Mr. Wanat of the 

subpoenas to give him time to object. (See Doc. # 18-3.)

As soon as the registrar and privacy service informed Mr. Wanat of 

the lawsuit against him, he immediately took action consisting of a cynical 

effort to divest this Court of jurisdiction and frustrate Plaintiff’s ability to 

pursue its case. Among other things, he immediately blocked Internet 

Protocol (“IP”) addresses emanating from Arizona (where the Court is 

located) and Nevada (where Plaintiff and its counsel are located) from 

accessing the EPorner website. Defendant Wanat’s only rational reason 

for doing so would be to block AMA’s ability to monitor Wanat’s 

continuing intellectual property infringements on the EPorner site and to 

hide evidence of his wrongdoing from Plaintiff and this Court.

On November 4, 2015, Plaintiff AMA filed a Motion for Ex Parte

Temporary Restraining Order and Preliminary Injunction. (See Doc. # 14.) 

It requested that the Court order Wanat to “restore access to the [EPorner 

website] to users located in the States of Arizona and Nevada.” (Id. at 2.) 

On or about November 18, 2015, the Court granted Plaintiff AMA’s Motion 
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for Temporary Restraining Order and gave it the requested relief. (See

Doc. # 19, at 11-12.) The Court additionally ordered Wanat to show cause 

why a preliminary injunction should not issue by November 30, 2015 and 

AMA to explain the legal basis for requesting that Wanat be required to 

restore access to the EPorner website by December 1, 2015. (See id.)

Plaintiff requested that Wanat be required to restore access to 

EPorner to Arizona and Nevada residents solely to ensure that Plaintiff and 

the Court would be capable of monitoring the site during this litigation. 

Since then, Plaintiff has been able to access the site through a proxy, a 

service that allows Plaintiff to access EPorner using an IP address that does 

not originate from Arizona or Nevada. This permits the Plaintiff and its 

counsel to monitor the ongoing changes and ongoing infringements. 

As long as Plaintiff is able to continue accessing the site through a 

proxy and the Court is comfortable with its access to the EPorner website

being made through a proxy server, Plaintiff withdraws its request that 

Wanat be compelled to restore access to Arizona and Nevada residents. 

Plaintiff does request that the remaining provisions of the Temporary 

Restraining Order be converted to a Preliminary Injunction for the entirety 

of this case. It additionally requests that the Court admonish Wanat that 

he will face repercussions if he attempts to block AMA’s ability to access 

EPorner through a proxy throughout the pendency of this litigation. 

Defendant Wanat has already demonstrated a willingness to act in bad 

faith and to frustrate Plaintiff’s and the Court’s ability to prosecute this 

lawsuit and such an instruction may be necessary in order for the Plaintiff 

and the Court to be able to access relevant evidence.
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Plaintiff’s Statement Regarding Website Access During Pendency of Case

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Dated: November 30, 2015 Respectfully Submitted,

/s/ Marc J. Randazza

Marc J. Randazza, AZ Bar No. 27861

Ronald D. Green, Pro Hac Vice

Randazza Legal Group, PLLC

3625 S. Town Center Drive, Suite 150

Las Vegas, NV 89135

Attorneys for Plaintiff,

AMA Multimedia, LLC
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Case No. 2:15-cv-01674-ROS

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 30, 2015, I electronically filed 

the foregoing document with the Clerk of the Court using CM/ECF. I 

further certify that the foregoing is being served via electronic mail to:

Marcin Wanat

<marcin.wanat@gmail.com>

<eporner@eporner.com>

<contact@eporner.com>

Respectfully Submitted,

Employee, 

Randazza Legal Group, PLLC