EXHIBIT

216 16th Street Suite 1350 Denver, CO 80202 Tel/Fax: 720.204.5671 E-mail: Christina@nouveaulaw.com Web: www.nouveaulaw.com

Jason Kotzker Kotzker Law Group 9609 S. University Blvd. #632134 Highlands Ranch, CO 80163 VIA E-MAIL: Jason@klgip.com October 30, 2012 Mr. Kotzker: I am writing you on behalf of my client, Mark Cronshaw, who has been named in your lawsuit Malibu Media LLC v. Lin et. al., 1:12-cv-01394, in order to inform you that my firm will be representing Mr. Cronshaw moving forward, to apprise you of certain aspects of my clients case that I believe pertinent for you to understand in continuing with this action. As a preliminary matter, Mr. Cronshaw previously retained Mr. Stewart Cables, Esq. to represent him in this action; however, please make record that Mr. Cables will no longer act as Counsel for Mr. Cronshaw, and my firm will be taking over representation. To that point, it is my understanding that Mr. Cables has had several prior conversations with Malibu Medias agent Ms. Elizabeth Jones, whereby parties were unable reach an amicable resolution to the matter. Beyond that, I am not aware of the nature of the communications or correspondences that occurred between Mr. Cables and Ms. Jonesand I will assume, based on your decision to move forward, that you have not been made privy to material information affecting the merits of your baseless claims against my client. Know from the outset that Mr. Cronshaw did not download the movie titles alleged, and there is no evidence that proves otherwise. To the contrary, Mr. Cronshaw has expressed a willingness to provide you with exculpatory evidence demonstrating that he is not the culpable party, and that moving forward with your case would violate standards of Rule 11which as you know, mandates that factual contentions have evidentiary support. Please take the following into serious consideration: First and foremost, Mr. Cronshaw is a landlord. Mr. Cronshaw owns property located at the address which was provided by Mr. Cronshaws Internet Service Provider, Comcast, and provides wireless Internet to his tenants at his property. Additionally, his tenants are free to

provide Internet access to any guests who visit the premises. Because Mr. Cronshaw provides wireless Internet to his tenants and their guests, numerous and unidentifiable individuals have been granted access to the Internet via Mr. Cronshaws Internet subscriptionany one of whom could be the culpable party, unknown to Mr. Cronshaw, assuming there is a culpable party at all. I am providing you a copy of the lease agreement providing evidence that Mr. Cronshaw is infact a landlord at the physical address linked to the account, which was provided to you by Comcast. Additionally, not only is Mr. Cronshaw the lessor at the property listed on his Internet account, but he was also at work at the exact time of the alleged infringement. Specifically, the timestamp provided for the alleged infringement is May 1, 2012 16:06UTC, or 10:06 am MDT; however, from approximately 9:00am until 10:00pm on May 1, 2012the day of the alleged infringementMr. Cronshaw remained away from his residence, leaving for work before 9:00am, leaving from work at 5:45pm and going directly to attend his Bridge Club meeting, and finally returning home at approximately 10:00pm. Accordingly, my client could not have downloaded the work at issue in this lawsuit. It is in-fact, impossible. Mr. Cronshaws whereabouts on May 1, 2012 are evidenced by the enclosed timesheet and Bridge Club records, which I am additionally providing you. Last, because Mr. Cronshaw did not download the works alleged, there are no traces of any files reflecting the alleged infringements on Mr. Cronshaws computer or network. At this point, we have not and will not be ordering an image of the computers hard drive; however, Mr. Cronshaw has indicated that he would like to offer you full access to both his home computer and network, at a reasonable timeexempting access to any privileged or confidential informationin order to demonstrate that no download ever took place. Furthermore, I have advised him as to principles of spoliation of evidence, and Mr. Cronshaw has assured me that he has notnor anyone in his familydeleted or altered any files from his computer, which are at issue in this lawsuit. Again, if you would like access to Mr. Cronshaws computers and or network, this can be arranged at a reasonable time at my clients home or at your office. Finally, so that it is clear for the record, Mr. Cronshaw is willing to provide a signed affidavit under oath, and under the threat of perjury stating that: 1) Neither he, nor anyone in his family, downloaded the work at issue in this lawsuit; 2) That he has complied with rules and standards regarding spoliation of evidence, and neither he, nor anyone in his family, deleted or otherwise tampered with any files of any of the works at issue in this lawsuit; 3) He was not home during the time of the alleged infringement; 4) He is a landlord and owns property that is rented at the address disclosed by the ISP; and 5) Numerous and unidentified individuals have had, and continue to have, access to his wireless Internet. Please let me know whether your client would like Mr. Cronshaws signed affidavit, and whether you would like to arrange a reasonable and mutually acceptable time to inspect Mr.

Cronshaws computer. It is my hope that upon making a reasonable inquiry, you will understand that you truly have no case against Mr. Cronshaw, and that a full dismissal is the only appropriate action. Otherwise, please know that if you continue to proceed against Mr. Cronshaw, I will be left with no option but to aggressively defend my client, raising all available defenses and counter-claims, and pursuing discovery to the greatest extent permissible. In that vein, if you will not be dismissing Mr. Cronshaw, please let me know when we can schedule a 26(f) conference to move the case forward.

Regards,

Christina Saunders Nouveau Law LLC

Mark Cronshaws Working Hours on May 1, 2012

Ecology and Environment is the corporate parent of my employer, Gustavson Associates

 Annex A Excerpt from Bridge results on May 1, 2012 Source: http://boulderbridge.org/NBC-120501E.HTM

EVENT>Tuesday Evening Pairs |SESSION>Tuesday Eve |SECTION> A N-S ------------------------,------ ------------,-------- ------------------------DATE>May 1, 2012 |CLUB NO.>252973 | 05/01/2012 22:06 ---------------------,-- ------------------- -------------,-------------------DIR> Jim Steele |RATING>Club Masterpoint (80% Open) |MOVEMENT>MITCHELL ------------,-------- ,-------------------------,--------- -------------------AVE> 143.0 |TOP> 11 |MP LIMITS>500 |CLUB>NIWOT BRIDGE CLUB ------------ --------- ------------------------- -----------------------------PAIRS> 13 ,------------,------,-----, -------------------------------------------------| Section | |Sect. | No Name Name | Rank|Score | Pct |Awards| ------------------------------------------------- ----- ------ ------ ----1 Mike Morter George Hearne 4 165.00 57.69 0.36 2 Jim Smith Mark Cronshaw 112.50 39.34 3 Dimitre Dimitrov Bill Jeffers 3 172.50 60.31 0.52 4 Raymond Cole Beth Cole 143.00 50.00 5 Laurel Alterman Vince Botarelli 111.00 38.81 6 Nancy Hertfelder Phyllis Coelho 2 175.50 61.36 0.73 7 Chris Maurer Sunny Gilbert 5 159.00 55.59 0.21 8 Nancy Raymond Lorry Cashatt 126.00 44.06 9 Gail Hill Mike Cooperman 124.00 43.36 10 Bill Ashbee Paula Giarratano 1 184.50 64.51 1.04 11 Bill Hendrick Wayne Densmore 140.00 48.95 12 Gokul Purushotham Janet Sachs 103.00 36.01