Veoh Networks, Inc. v. UMG Recordings, Inc. et al Doc. 14 Case 3:07-cv-01568-W-BLM Document 14 Filed 09/04/2007 Page 1 of 4 Steven A. Marenberg (101033) (smarenberg@irell.com) Elliot Brown (150802) (ebrown@irell.com) 2 Benjamin Glatstein (242034) (bglatstein@irell.com) IRELL & MANELLA LLP 3 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 4 Telephone: (310)277-1010 Facsimile: (310)203-7199 5 Attorneys for Plaintiffs 6 UMG Recordings, Inc.; Universal Music Corp.; 7 Songs of Universal, Inc.; Universal-Polygram International Publishing, Inc.; 8 and Rondor Music International, Inc. 9 10 11 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA SAN DIEGO DIVISION ) ) ) ) Plaintiff, ) ) ) vs. ) / ) ) UMG RECORDINGS, INC., a Delaware ) corporation; UNIVERSAL MUSIC CORP., a ) New York corporation; SONGS OF ) UNIVERSAL, INC., a California corporation; ) UNIVERSAL-POLYGRAM ) INTERNATIONAL PUBLISHING, INC., a ) Delaware corporation; RONDOR MUSIC ) INTERNATIONAL, INC., a California ) corporation; and DOES 1-10 INCLUSIVE, ) ) Defendants. ) ) Case No. 07 CV 1 568 TJW (BLM) DECLARATION OF BENJAMIN GLATSTEIN IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER Date: October 9, 2007 Time: 10:00 a.m. Judge: Hon. Thomas J. Whelan Courtroom: 7 12 VEOH NETWORKS, INC., a California corporation, 1 /·> 13 14 15 16 17 18 1O 1 r\ 19 20 21 22 23 24 25 26 27 28 I R E L L & MAN ELL A LLP A Registered Limited Liability Law Partnership Including Professional Corporations 1745595 Dockets.Justia.com  Case 3:07-cv-01568-W-BLM Document 14 Filed 09/04/2007 Page 2 of 4 1 2 3 1. DECLARATION OF BENJAMIN GLATSTEIN I, Benjamin Glatstein, declare as follows: I am an attorney at the law firm of Irell & Manella LLP, counsel of record for 4 declaratory defendants UMG Recordings, Inc., Universal Music Corp., Songs of Universal, Inc., 5 Universal-Polygram International Publishing, Inc., and Rondor Music International, Inc., 6 ("UMG") in the above-captioned action. I am a member in good standing of the State Bar of 7 California. I have personal knowledge of the facts set forth in this Declaration and, if called as a 8 witness, could and would testify competently to such facts under oath. 9 2. Attached hereto as Exhibit A is a true and correct copy of UMG's Complaint filed 10 against Grouper Networks, Inc., UMG Recordings, Inc., et al. v. Grouper Networks, Inc., etal, 11 C.D. Cal. Case No. CV 06-06561 AHM, filed October 16, 2006. Grouper's Answer to the 12 Complaint is attached hereto as Exhibit B. The UMG/Grouper Joint Rule 26(f) Report is attached 13 hereto as Exhibit C. 14 3. Attached hereto as Exhibit D is a true and correct copy of UMG's Complaint filed 15 against Bolt, Inc., UMG Recordings, Inc., et al. v. Bolt, Inc., etal, C.D. Cal. Case No. 06-06577 16 AHM, filed October 16, 2006. Bolt's Answer to the Complaint is attached hereto as Exhibit E. 17 The UMG/Bolt Joint Rule 26(f) Report is attached hereto as Exhibit F. 18 4. Attached hereto as Exhibit G is a true and correct copy of UMG's Complaint filed 19 against MySpace, Inc. and News Corp., UMG Recordings, Inc., et al. v. MySpace, Inc., et al., C.D. 20 Cal. Case No. CV 06-07361 AHM, filed November 11, 2006. MySpace's Answer to the 21 Complaint is attached hereto as Exhibit H. The UMG/MySpace Joint Rule 26(f) Report is 22 attached hereto as Exhibit I. 23 5. Attached hereto as Exhibit J is a true and correct copy of Judge Matz's March 1, 24 2007 Amended Civil Minutes. 25 6. Attached hereto as Exhibit K is a true and correct copy of UMG's Complaint filed 26 against Veoh Networks, UMG Recordings, Inc., et al. v. Veoh Networks, Inc., et al, C.D. Cal. Case 27 No. CV 07-5744 GW, filed September 4,2007. 28 IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations 1745595 -1 -  Case 3:07-cv-01568-W-BLM Document 14 Filed 09/04/2007 Page 3 of 4 1 3 7. Attached hereto as Exhibit L is a true and correct copy of the Related Case Notice 2 filed by UMG concurrent with its Complaint against Veoh. 8. Attached hereto as Exhibit M is a true and correct copy of Veoh's "Terms of Use," 4 as available from the Veoh website on August 29, 2007. 5 9. Attached hereto as Exhibit N is a true and correct copy of the "Veoh Copyright 6 Policy," as available from the Veoh website on August 29,2007. The policy requires that DMCA 7 notices be sent to Stacie Simons, 10880 Wilshire Blvd., Suite 1850, Los Angeles, CA. 8 10. Attached hereto as Exhibit O is a true and correct copy of the California Secretary 9 of State - California Business Search results for Veoh Networks, on August 29, 2007. The page 10 shows that Veoh's Agent for Service of Process is: CT Corporation System, 818 West Seventh St., 11 Los Angeles, CA 90017. 12 11. Attached hereto as Exhibit P is a true and correct copy of excerpts of the deposition 13 of Ted Dunning, Veoh's Chief Scientist, in the case lo Group, Inc. v. Veoh Networks, Inc., N.D. 14 Cal. Case No. C-06-03926 (HRL). 15 12. Attached hereto as Exhibit Q is a true of correct copy of Veoh's "leadership team," 16 available at http://appserver.veoh.com/static/corporate/team.html. Listed are Arthur Bilger, of 17 Shelter Capital Partners, Michael Eisner, of the Tornante Company, and Joshua Metzger, Senior 18 Vice President, Corporate Development. Attached hereto as Exhibit R is a true and correct copy 19 of an excerpt from Shelter Capital Partners webpage listing Shelter Capital Partners' mailing 20 address as: 10880 Wilshire Blvd., Suite 1850, Los Angeles, CA. Attached hereto as Exhibit S is a 21 true and correct copy of the California Secretary of State - California Business Search results for 22 Tornante Company LLC, showing the Tornante Company's mailing address as 9401 Wilshire 23 Blvd., Suite 760, Beverly Hills, CA 90212-2933. Attached hereto as Exhibit T is a true and 24 correct copy of a White Pages listing showing the "Home" address of Joshua Metzger as: 321 S. 25 Camden Dr., Beverly Hills, CA 90212. 26 27 28 IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations 1745595 -2-  Case 3:07-cv-01568-W-BLM Document 14 Filed 09/04/2007 Page 4 of 4 1 13. Attached hereto as Exhibit U is a true and correct copy of Table C-10 from the 2 2006 edition of the Annual Report of the Director: Judicial Business of the United States Courts, 3 available online at http://www.uscourts.gov/judbususc/judbus.html. 4 14. Attached hereto as Exhibits V, W, X, Y, Z, AA, BB, and CC are true and correct 5 copies of document subpoenas served by Grouper on Rewer, Inc., YouTube, Inc., Apple, Inc., 6 Fuse Networks, Best Buy, Real Networks, America OnLine, and Bolt. 7 15. Attached hereto as Exhibits DD, EE, FF, and GG are true and correct copies of 8 document subpoenas served by UMG on Audible Magic, SNOCAP, Auditude, and Gracenote. 9 16. Attached hereto as Exhibit HH is a true and correct copy of the Linkedln "profile" 10 of Stacie Simons, which identifies Ms. Simons as the Senior Manager -- Copyright Compliance 11 with Veoh Networks, and residing in the greater Los Angeles area. 12 17. Attached hereto as Exhibit II is a true and correct copy of UMG's initial disclosures 13 in the case UMG Recordings, Inc., et al. v. MySpace, Inc., et al, C.D. Cal. Case No. CV 06-07361 14 AHM. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IRELL & MAN ELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations Executed on September 4,2007, at Los Angeles, California. I declare under penalty of perjury that the foregoing is true and correct. Benjamin Glatstein 1745595 -3-