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

Filing 391

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

Doc. 391

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Steven A. Marenberg (101033) [e-mail]) Elliot Brown (150802) ([e-mail]) Brian Ledahl (186579) ([e-mail]) Benjamin Glatstein (242034) ([e-mail]) IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067-4276 Telephone: [phone] Facsimile: [phone]

6 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) Case No. CV-07-05744 AHM (AJWx)
)

11 UMG RECORDINGS, INC., et al, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
VEOH NETWORKS, INC., et al, Defendant.
v.

Plaintiffs,

DECLARATION OF BRIAN LEDAHL IN SUPPORT OF UMG'S OPPOSITION TO "INVESTOR DEFENDANTS'" EXPARTE APPLICATION FOR PROTECTIVE ORDER TO STAY LIMITED DISCOVERY Filed Concurrently Herewith: 1. UMG's Opposition to "Investor Defendants"' ExParte Hon. A. Howard Matz Date: Time: Courtroom: N/A N/A 14

Discovery Cutoff: April 13, 2009 Pretrial Conference: July 13, 2009 Trial Date: July 29, 2009

LEDAHL DECL. ISO UMG'S OPPOSITION TO "INVESTOR DEFENDANTS'" EX PARTE APP. FOR PROTECTIVE ORDER TO STAY LIMITED DISCOVERY 2038691

Dockets.Justia.com

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DECLARATION OF BRIAN LEDAHL I, Brian Ledahl, declare as follows: I am an attorney at the law firm of Irell & Manella LLP, counsel of

4 record for plaintiff UMG Recordings, Inc. and other affiliated UMG entities 5 ("UMG") in this case. I am a member in good standing of the State Bar of California 6 and have been admitted to practice before this Court. This declaration is submitted 7 in support of UMG's Opposotion to "Investor Defendants'" Ex Parte Application for 8 Protective Order to Stay Limited Discovery. I have personal knowledge of the facts 9 set forth below and if called as a witness, I could and would testify to these same
10 facts under oath. 11 2. Attached hereto as Exhibit A is a true and correct copy of UMG's 12 Notice of Subpoena to Shelter Capital Partners, served on February 15, 2008. 13 15 17
3. 4. 5. Attached hereto as Exhibit B is a true and correct copy of UMG's Attached hereto as Exhibit C is a true and correct copy of UMG's Attached hereto as Exhibit D is a true and correct copy of UMG's First

14 Notice of Subpoena to Spark Capital Partners, LLC, served on February 15, 2008. 16 Notice of Subpoena to The Tornante Company, LLC, served on February 15, 2008. 18 Set of Requests for Production and Things to Shelter Capital Partners, served on 19 December 12, 2008. 20
6. Shelter Capital, Spark Capital and The Tornante Company have each

21 produced documents in response to UMG's subpoenas and production requests. 22 Shelter Capital Partners has not completed its production of documents to UMG in 23 response to UMG's document subpoena or in response to UMG's First Set of 24 Requests for Production, but has affirmed that it will do so, regardless of the 25 outcome of the pending motion to dismiss. 26
7. Prior to serving deposition subpoenas for the depositions of Messrs

27 Bilger, Dagres and Eisner, UMG contacted counsel for Shelter, Spark and Tornante 28 to inquire whether they would accept service of the subpoenas and to offer to
LEDAHL DECL. ISO UMG'S OPPOSITION TO "INVESTOR DEFENDANTS'" EX PARTE APP. FOR PROTECTIVE ORDER TO STAY LIMITED DISCOVERY 2038691
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discuss dates for the depositions. Though all three agreed to accept service of the 8. Shelter, Spark and Tornante have all propounded document requests,

2 subpoenas, none provided any response regarding dates for the depositions. 4 interrogatories and deposition notices on UMG, seeking discovery in this case.

Executed on April 3, 2009, at Los Angeles, California. I declare under penalty of perjury that the foregoing is true and correct.

Brian J/edahl
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LEDAHL 0ECL. ISO UMG'S OPPOSITION TO "INVESTOR DEFENDANTS'" EX PARTE APP. FOR PROTECTIVE ORDER TO STAY LIMITED DISCOVERY 2038691
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