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

Filing 606

Attachment 25
MEMORANDUM in Opposition to MOTION for Attorney Fees and Costs (REDACTED) 587 filed by Plaintiffs Songs of Universal, Inc., Universal-Polygram International Publishing, Inc., Rondor Music International, Inc., Universal Music - MGB NA LLC, UMG Recordings, Inc., Universal Music - Z Tunes LLC, Universal Music - MBG Music Publishing Ltd., Universal Music Corp.. (Attachments: # 1 Declaration of Brian D. Ledahl in Support of UMG's Opposition, # 2 Exhibit A to Ledahl Decl., # 3 Exhibit B to Ledahl Decl., # 4 Exhibit C to Ledahl Decl., # 5 Exhibit D to Ledahl Decl., # 6 Exhibit E to Ledahl Decl., # 7 Exhibit F to Ledahl Decl., # 8 Exhibit G to Ledahl Decl., # 9 Exhibit H to Ledahl Decl., # 10 Exhibit I to Ledahl Decl., # 11 Exhibit J to Ledahl Decl., # 12 Exhibit K to Ledahl Decl., # 13 Exhibit L to Ledahl Decl., # 14 Exhibit M to Ledahl Decl., # 15 Declaration Carter R. Batsell in Support of UMG's Opposition, # 16 Exhibit A to Batsell Decl., # 17 Exhibit B to Batsell Decl., # 18 Exhibit C to Batsell Decl., # 19 Exhibit D to Batsell Decl., # 20 Exhibit E to Batsell Decl., # 21 Exhibit F to Batsell Decl., # 22 Exhibit G to Batsell Decl., # 23 Exhibit H to Batsell Decl., # 24 Exhibit I to Batsell Decl., # 25 Exhibit J to Batsell Decl., # 26 Exhibit K to Batsell Decl., # 27 Exhibit L to Batsell Decl., # 28 Exhibit M to Batsell Decl., # 29 Exhibit N to Batsell Decl., # 30 Exhibit O to Batsell Decl., # 31 Exhibit P to Batsell Decl.)(Batsell, Carter)

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UMG Recordings, Inc. et al v. Veoh Networks, Inc. et al Doc. 606 Att. 25 Case 2:07-cv-05744-AHM-AJW Document 219 Filed 11/21/2008 Page 1 of 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CIVIL MINUTES--GENERAL Case No. CV 07-5744 AHM (AJWx) Date: November 21, 2008 Title: UMG RECORDINGS, INC., et al. v. VEOH NETWORKS, INC., et al. =================================================================== PRESENT: HON. ANDREW J. WISTRICH, MAGISTRATE JUDGE Ysela Benavides Deputy Clerk ATTORNEYS PRESENT FOR PLAINTIFFS: None Present Court Reporter ATTORNEYS PRESENT FOR DEFENDANTS: None Present ORDER REGARDING VEOH'S MOTION TO COMPEL PLAINTIFFS TO IDENTIFY WORKS AT ISSUE AND PRODUCE CHAIN OF TITLE/RIGHTS INFORMATION REGARDING SAME The motion is denied without prejudice to its renewal on the basis of a more adequate record. Although some of the propositions asserted by Veoh are unexceptionable (e.g., that UMG must identify the allegedly infringed works at some point, that Veoh is entitled to documents or information necessary to enable it to attempt to rebut the presumption of UMG's ownership or control of the allegedly infringed works in some meaningful way, etc.), this motion is defective. First, the court previously denied a motion to compel filed by Veoh because that motion was presented in an unmanageable manner. Rather than file a new motion including copies of the discovery requests and responses thereto that are at issue, Veoh merely refers the court to a portion of the 314 page joint stipulation filed in support of the previously denied motion. Second, the relief Veoh seeks in its proposed order is too broad and has not been shown to be tethered to the scope of any particular discovery requests it has served. Third, it is unclear whether Veoh is essentially attempting to compel a response to the interrogatory it served on October 24, 2008. [See Veoh's Motion at 3 n.5]. Obviously, any such attempt would be premature. Based upon assertions made by UMG in its opposition, the court is concerned about the possibility that UMG may not have received the unfettered access to Veoh's video files that Veoh had represented the spreadsheet would allow, and that the court had intended and expected. [See UMG's Opposition at 5-7]. If issues concerning the production of Veoh's video files themselves need to be revisited, the parties should cooperate in promptly placing those issues before the court for resolution. IT IS SO ORDERED. cc: Parties MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk________ Exhibit J Page 40 ockets.Justia.com D

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