UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Filing 195

UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al

Doc. 195

Dockets.Justia.com

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333 South Grand Avenue Los Angeles, CA 90071-1543

DECLARATION OF REBECCA LAWLOR CALKINS I, Rebecca Lawlor Calkins, declare as follows pursuant to 28 U.S.C. § 1746: 1. I am an attorney at the law firm of Winston & Strawn LLP, attorneys for Defendant Veoh Networks, Inc. ("Veoh") in this matter. I am licensed to practice before the Courts of the State of California and this United States District Court. I have personal knowledge of the matters set forth herein, and if called as a witness, could and would competently testify thereto. 2. I have engaged in extensive meet and confer discussions with Plaintiffs' counsel in an effort to resolve the matters addressed in this Motion informally, to no avail. On April 25 and 28, I had discussions with Plaintiffs' Counsel Brian Ledahl, who claimed that Plaintiffs could not identify allegedly infringing works because Veoh had not produced video files. We also discussed Plaintiffs' refusal to produce chain of title/ownership documents, which Plaintiffs insisted was too burdensome and unnecessary. 3. Attached hereto as Exhibit A is a true and correct copy of the transcript from an August 25, 2008 scheduling conference in UMG Recordings, Inc. et al., v. Divx, Inc., et al., (Case No. CV07-6385-AHM (AJWx). 4. Plaintiffs' Counsel originally sought to limit discovery to copyright registrations during the March 17, 2008 discovery conference in this action. Judge Matz refused to limit discovery in such a manner. Attached hereto as Exhibit B is a true and correct copy of the relevant portions of this transcript. 5. During the August 25, 2008 hearing on the parties respective motions to compel, Plaintiffs' Counsel specifically stated that "to cover the breadth of what's infringing on [Veoh's] site, we need the videos . . . we need to be able to look at them." Attached hereto as Exhibit C are the relevant portions of the transcript from this hearing. 6. During the November 5, 2008 hearing in MySpace/Grouper Actions (at p. 108: 18-20) UMG's Counsel, Mr. Marenberg, acknowledged that "the most 1
DECLARATION OF REBECCA LAWLOR CALKINS IN SUPPORT OF VEOH'S MOT. TO COMPEL Case No. CV 07 5744 ­ AHM (AJWx)

Winston & Strawn LLP

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