Arista Records LLC et al v. Lime Wire LLC et al

Filing 378

DECLARATION of Melinda E. LeMoine in Support re: 234 MOTION for Permanent Injunction.. Document filed by Arista Records LLC, Atlantic Recording Corporation, BMG Music, Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (Under Seal), # 5 Exhibit 5 (Under Seal), # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Lemoine, Melinda)

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Arista Records LLC et al v. Lime Wire LLC et al Doc. 378 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; BMG MUSIC; CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY MUSIC ENTERTAINMENT, fka SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, v. LIME WIRE LLC; LIME GROUP LLC; MARK GORTON; GREG BILDSON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants. 06 Civ. 05936 (KMW) ECF CASE DECLARATION OF MELINDA E. LEMOINE IN SUPPORT OF PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF MOTION FOR A PERMANENT INJUNCTION I, Melinda E. LeMoine, hereby declare as follows: 1. I am a lawyer with the law firm of Munger, Tolles & Olson LLP, counsel of record for Plaintiffs. I make this Declaration in support of Plaintiffs' Motion for a Permanent Injunction. The contents of this Declaration are based upon my own personal knowledge, and if called upon to do so, I could and would testify competently to the matters stated herein. 2. Attached as Exhibit 1 is a true and correct copy of a chart entitled "Plaintiffs' Response to Defendants' `Revised' Injunction," which was prepared by me and by others at my -111049190.1 Dockets.Justia.com direction. The chart includes a third column responding to the chart submitted by Defendants as Exhibit 1 to the Declaration of Tonia Ouellette Klausner. 3. Attached as Exhibit 2 is a true and correct copy of the transcript from the December 7, 2007 hearing before Judge Gerard Lynch in this matter. 4. Attached as Exhibit 3 is a true and correct copy of a transcript excerpt from the March 29, 2005 oral argument before the United States Supreme Court in MGM v. Grokster, Ltd. 5. Attached as Exhibit 4 is a true and correct copy of a January 31, 2008 letter brief from Charles S. Baker to Judge Lynch in this matter. 6. Attached as Exhibit 5 is a true and correct copy of a March 5, 2008 letter brief from Charles S. Baker to Judge Lynch in this matter. 7. Attached as Exhibit 6 is a true and correct copy of a transcript of the March 12, 2008 hearing before Judge Gerard Lynch in this matter. 8. Attached as Exhibit 7 is a true and correct copy of an excerpt from the transcript of the deposition of Samuel A. Berlin taken on March 6, 2008 in this matter. 9. Attached as Exhibit 8 is a true and correct copy of Mark Gorton's July 29, 2009 statement before the U.S. House of Representatives' Committee on Oversight and Government Reform, downloaded on June 16, 2010 from http://groc.edgeboss.net/download/groc/ transfer/testimony.of.mr.mark.gorton.pdf. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Dated: June 28, 2010 Los Angeles, CA /s/ Melinda E. LeMoine Melinda E. LeMoine -211049190.1