George Clinton v. Will Adams et al

Filing 21

ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND filed by Defendants Will Adams, Will I Am Music, Inc..(Pink, Jonathan)

George Clinton v. Will Adams et al

Doc. 21

1 BRYAN CAVE LLP

Jonathan Pink (California Bar No. 179685) 2 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 3 Telephone: [phone] Facsimile: [phone] [e-mail] 4 E-mail:
5 BRYAN CAVE LLP 6 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

Kara E. F. Cenar (Pro Hac Vice Pending) Mariangela M. Seale (Pro Hac Vice Pending) 161 North Clark Street, Suite 4300 Chicago, Illinois 60601-3315 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail]

10 11 12 13 14 15 16 17 18

Attorneys for Defendants WILL ADAMS (sued as WILL ADAMS, p/k/a will.i.am, individually and d/b/a WILL.I AM MUSIC PUBLISHING); ALLAN PINEDA (sued as ALLAN PINEDA, p/k/a apl.de.ap, individually and d/b/a JEEPNEY MUSIC PUBLISHING, an individual); JAIME GOMEZ (sued as JAIME GOMEZ, p/k/a Taboo, individually and d/b/a NAWASHA NETWORKS PUBLISHING, an individual); STACY FERGUSON (sued as STACY FERGUSON, p/k/a Fergie); WILL.I.AM MUSIC, INC.; CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.; GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ­ WESTERN DIVISION

19 GEORGE CLINTON, an individual, 20 21 22 23 24 25 26 27 28

Case No. CV10-9476 ODW (PLAx) Hon. Otis D. Wright, II Courtroom 11 ANSWER OF DEFENDANT WILLIAM ADAMS AND WILL.I.AM MUSIC, INC.

Plaintiff, v. WILL ADAMS, p/k/a will.i.am, individually and d/b/a WILL.I AM MUSIC PUBLISHING; ALLAN PINEDA, p/k/a apl.de.ap, individually and d/b/a JEEPNEY MUSIC PUBLISHING, an individual; JAIME GOMEZ, p/k/a Taboo, individually and d/b/a NAWASHA NETWORKS PUBLISHING, an individual;STACY FERGUSON, p/k/a Fergie, an individual; GEORGE PAJON, JR., an individual; JOHN CURTIS, an individual;
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Complaint Filed: Trial Date:

December 10, 2010 Not Assigned

ANSWER TO COMPLAINT
Dockets.Justia.com

1 Delaware corporation; UMG

UNIVERSAL MUSIC GROUP, INC., a RECORDINGS, INC., a Delaware

2 corporation; and WILL I AM MUSIC, 3 LANE MUSIC PUBLISHING

INC., a California corporation; CHERRY COMPANY, INC., a New York

4 corporation; EL CUBANO MUSIC, 5 BLACKWOOD MUSIC, INC., a 6 MAGNETIC, INC., a California 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

INC., a California corporation; EMI Connecticut corporation; TAB

corporation; and DOES 1 through 10, Defendants.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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2
ANSWER TO COMPLAINT

1

Defendants William Adams p/k/a "will.i.am" (incorrectly identified as "WILL

2 ADAMS, p/k/a will.i.am, individually and d/b/a WILL.I AM MUSIC 3 PUBLISHING"1) and will.i.am music, inc. present the following Answer to 4 Plaintiff's Complaint ("Complaint"): 5 6

NATURE OF THE ACTION 1. Answering Paragraph 1 of the Complaint, Defendant Adams admits

7 that Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such 8 relief. Further, Defendant Adams admits "Shut Up" was first released in 2003 and 9 two remixes were released in 2003 and 2009, respectively. Defendant Adams
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10 denies the remaining allegations. 11

2.

Answering Paragraph 2 of the Complaint, Defendant Adams lacks

12 sufficient information to admit or deny the allegations contained in Paragraph 2, and 13 on that basis denies each and every such allegation. 14

3.

Answering Paragraph 3 of the Complaint, Defendant Adams admits

15 that Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such 16 relief, and further denies the remaining allegations of the paragraph. 17 18

JURISDICTION AND VENUE 4. Answering Paragraph 4 of the Complaint, Defendant Adams admits, on

19 information and belief, that this action appears to rise under the Copyright Act and 20 that this Court would appear to have subject matter jurisdiction. Defendant Adams 21 denies that the Complaint states any claim upon which relief can be granted. 22

5.

Answering Paragraph 5 of the Complaint, Defendant Adams admits

23 that he may be found in this district. As to the remaining allegations, Defendant 24 Adams lacks sufficient information to admit or deny them, and on that basis, denies 25 such allegations. 26

6.

Answering Paragraph 6 of the Complaint, Defendant Adams admits

27 1 WILL.I AM MUSIC PUBLISHING does not exist as a d/b/a or otherwise. 28
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ANSWER TO COMPLAINT

1 that he resides in Los Angeles County, California. As to the remaining allegations, 2 Defendant Adams lacks sufficient information to admit or deny them, and on that 3 basis denies such allegations. 4

7.

Answering Paragraph 7 of the Complaint, Defendant Adams lacks

5 sufficient information to admit or deny the allegations of Paragraph 7, and on that 6 basis denies each and every such allegation. 7

8.

Answering Paragraph 8 of the Complaint, Defendant Adams admits

8 that will.i.am music, inc. has conducted business in the State of California. 9 Defendant Adams lacks sufficient information to admit or deny the remaining
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10 allegations contained in Paragraph 8, and on that basis denies each and every such 11 allegation. 12 13

PARTIES 9. Answering Paragraph 9 of the Complaint, Defendant Adams admits

14 Clinton is a well-known artist and composer. Defendant Adams is without 15 sufficient information to admit or deny the remaning allegations of Paragraph 9, and 16 on that basis denies such allegations. 17

10.

Answering Paragraph 10 of the Complaint, Defendant Adams admits

18 that he is a resident of California and a founding member of the musical group, The 19 Black Eyed Peas, and has been credited as a producer and songwriter for various 20 songs released by that group. Defendant Adams denies that will.i.am Music 21 Publishing is a sole proprietorship of Defendant Adams or a publisher of any songs 22 written by Defendant Adams and released by The Black Eyed Peas. Defendant 23 Adams admits that "(Not Just) Knee Deep" was sampled in certain remixes of "Shut 24 Up" pursuant to a license. 25

11.

Answering Paragraph 11 of the Complaint, Defendant Adams admits

26 that Defendant Allan Pineda lives in California and is a founding member of the 27 musical group, The Black Eyed Peas, and has been credited as a songwriter for 28 various songs released by that group. Except as otherwise admitted in this Answer,
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ANSWER TO COMPLAINT

1 Defendant Adams is without sufficient information to admit or deny the allegations 2 of Paragraph 11, and on that basis denies such allegations. 3

12.

Answering Paragraph 12 of the Complaint, Defendant Adams admits

4 that Defendant Jaime Gómez lives in California and is a founding member of the 5 musical group, The Black Eyed Peas, and has been credited as a songwriter for 6 various songs released by that group. Except as otherwise admitted in this Answer, 7 Defendant Adams lacks information sufficient to form a belief as to what Plaintiff is 8 informed or believes, and on that basis denies the remaining allegations in this 9 paragraph.
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10

13.

Answering Paragraph 13 of the Complaint, Defendant Adams admits

11 that Defendant Stacy Ferguson first collaborated with The Black Eyed Peas on the 12 album Elephunk and performs vocally on certain remixes of the song "Shut Up." 13 Except as otherwise admitted in this Answer, Defendant Adams lacks information 14 sufficient to form a belief as to what Plaintiff is informed or believes, and on that 15 basis denies the remaining allegations in this paragraph. 16

14.

Answering Paragraph 14 of the Complaint, Defendant Adams admits

17 that Defendant George Pajon, Jr. is credited as a songwriter on various songs 18 released by the group, The Black Eyed Peas. Except as otherwise admitted in this 19 Answer, Defendant Adams is without sufficient information to admit or deny the 20 allegations of Paragraph 14, and on that basis denies such allegations. 21

15.

Answering Paragraph 15 of the Complaint, Defendant Adams admits

22 that Defendant John Curtis is credited as a songwriter on various songs released by 23 the group, The Black Eyed Peas. Except as otherwise admitted in this Answer, 24 Defendant Adams is without sufficient information to admit or deny the allegations 25 of Paragraph 15, and on that basis denies such allegations. 26

16.

Answering Paragraph 16 of the Complaint, Defendant Adams admits

27 that the remaining defendants are commercial entities within the music industry. 28 Except as otherwise admitted in this Answer, Defendant Adams is without sufficient
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ANSWER TO COMPLAINT

1 information to admit or deny the allegations of Paragraph 16, and on that basis 2 denies such allegations. 3

17.

Answering Paragraph 17 of the Complaint, Defendant Adams lacks

4 sufficient information to admit or deny the allegations contained in Paragraph 17, 5 and on that basis denies each and every such allegation. 6

18.

Answering Paragraph 18 of the Complaint, Defendant Adams lacks

7 sufficient information to admit or deny the allegations contained in Paragraph 18, 8 and on that basis denies each and every such allegation. 9
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19.

Answering Paragraph 19 of the Complaint, Defendant Adams is

10 without sufficient information to admit or deny the allegations of Paragraph 19, and 11 on that basis denies such allegations. 12

20.

Answering Paragraph 20 of the Complaint, Defendant Adams denies

13 exploiting infringing sound records. Defendant Adams lacks information sufficient 14 to form a belief as to what Plaintiff is informed or believes, and on that basis denies 15 the remaining allegations in this paragraph. 16

21.

Answering Paragraph 21 of the Complaint, Defendant Adams lacks

17 information sufficient to form a belief as to what Plaintiff is informed or believes, 18 and on that basis denies the allegations in this paragraph. 19

22.

Answering Paragraph 22 of the Complaint, Defendant Adams lacks

20 information sufficient to form a belief as to what Plaintiff is informed or believes, 21 and on that basis denies the allegations in this paragraph. 22

23.

Answering Paragraph 23 of the Complaint, Defendant Adams lacks

23 information sufficient to form a belief as to what Plaintiff is informed or believes, 24 and on that basis denies the allegations in this paragraph. 25

24.

Answering Paragraph 24 of the Complaint, Defendant Adams lacks

26 information sufficient to form a belief as to what Plaintiff is informed or believes, 27 and on that basis denies the allegations in this paragraph. 28

25.
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Answering Paragraph 25 of the Complaint, Defendant Adams lacks
6
ANSWER TO COMPLAINT

1 sufficient information to admit or deny the allegations contained in Paragraph 25, 2 and on that basis denies each and every such allegation. 3

26.

Answering Paragraph 26 of the Complaint, Defendant Adams denies

4 the allegations in this paragraph. 5

27.

Answering Paragraph 27 of the Complaint, Defendant Adams denies

6 the allegations in this paragraph. 7 8

SAMPLING "(NOT JUST) KNEE DEEP" 28. Answering Paragraph 28 of the Complaint, Defendant Adams admits

9 that certain remixes of "Shut Up" contain authorized samples of "(Not Just) Knee
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10 Deep" pursuant to a license. Except as expressly admitted, Defendant Adams denies 11 the allegations in this paragraph. 12

29.

Answering Paragraph 29 of the Complaint, Defendant Adams admits

13 that certain remixes of "Shut Up" contain authorized samples of "(Not Just) Knee 14 Deep" pursuant to a license. Except as expressly admitted, Defendant Adams denies 15 the allegations in this paragraph. 16

30.

Answering Paragraph 30 of the Complaint, Defendant Adams admits

17 that certain remixes of "Shut Up" contain authorized samples of "(Not Just) Knee 18 Deep" pursuant to a license. Defendant Adams further admits that sound recordings 19 of the musical compositions "Shut Up" and "Shut Up Remix" have been exploited 20 since their creation. Except as admitted herein, Defendant Adams denies the 21 allegations in this paragraph. 22

31.

Answering Paragraph 31 of the Complaint, Defendant Adams admits

23 that, upon information and belief, a recording of "(Not Just)" Knee Deep" appears 24 on Funkadelic's album "Uncle Jam Wants You," and on information and belief it 25 has been sampled by many musical artistis. Defendant Adams lacks sufficient 26 information to admit or deny the remaining allegations of Paragraph 31, and on that 27 basis, denies such remaining allegations. 28

32.
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Answering Paragraph 32 of the Complaint, Defendant Adams lacks
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ANSWER TO COMPLAINT

1 sufficient information to admit or deny the allegations of Paragraph 32, and on that 2 basis denies each and every such allegation. 3

33.

Answering Paragraph 33 of the Complaint, Defendant Adams lacks

4 sufficient information to admit or deny the allegations of Paragraph 33, and on that 5 basis denies each and every such allegation. 6

34.

Answering Paragraph 34 of the Complaint, Defendant Adams lacks

7 sufficient information to admit or deny the allegations of Paragraph 34, and on that 8 basis, denies each and every such allegation. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

35.

Answering Paragraph 35 of the Complaint, Defendant Adams lacks

10 sufficient information to admit or deny the allegations of Paragraph 35, and on that 11 basis denies each and every such allegation. 12

36.

Answering Paragraph 36 of the Complaint, Defendant Adams lacks

13 sufficient information to admit or deny the allegations of Paragraph 36, and on that 14 basis denies each and every such allegation. 15

37.

Answering Paragraph 37 of the Complaint, Defendant Adams denies

16 the allegations in this paragraph. 17

38.

Answering Paragraph 38 of the Complaint, Defendant Adams denies

18 the allegations in this paragraph. 19 20

RELEASE OF SHUT UP REMIX 39. Answering Paragraph 39 of the Complaint, Defendant Adams admits

21 the allegations in this paragraph. 22

40.

Answering Paragraph 40 of the Complaint, Defendant Adams admits

23 the allegations in this paragraph. 24

41.

Answering Paragraph 41 of the Complaint, Defendant Adams lacks

25 information sufficient to form a belief as to what Plaintiff is informed or believes, 26 and on that basis denies the allegations in this paragraph. 27

42.

Answering Paragraph 42 of the Complaint, Defendant Adams admits,

28 upon information and belief, the allegations in this paragraph.
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1

43.

Answering Paragraph 43 of the Complaint, Defendant Adams lacks

2 sufficient information to admit or deny the allegations set forth in this paragraph, 3 and on that basis denies the same. 4

44.

Answering Paragraph 44 of the Complaint, Defendant Adams admits

5 certin remixes have been exploited in singles. Defendant Adams lacks information 6 as to which remixes Plaintiff is referring to, and on that basis denies the remaining 7 allegations of the paragraph 8

45.

Answering Paragraph 45 of the Complaint, Defendant Adams admits

9 that certain remixes contain authorized samples. Defendant Adams lacks
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10 information as to which remixes Plaintiff is referring to, and on that basis denies the 11 remaining allegations of the paragraph. 12

46.

Answering Paragraph 46 of the Complaint, Defendant Adams lacks

13 information as to which remixes Plaintiff is referring to, and on that basis denies the 14 remaining allegations of the paragraph. 15

47.

Answering Paragraph 47 of the Complaint, Defendant Adams lacks

16 sufficient information to admit or deny the allegations set forth in this paragraph, 17 and on that basis denies the same. 18

48.

Answering Paragraph 48 of the Complaint, Defendant Adams denies

19 the allegations in this paragraph. 20 21

RELEASE OF "SHUT THE PHUNK UP REMIX" 49. Answering Paragraph 49 of the Complaint, Defendant Adams lacks

22 sufficient information to admit or deny the allegations contained in Paragraph 49, 23 and on that basis, denies each and every allegation. 24

50.

Answering Paragraph 50 of the Complaint, Defendant Adams lacks

25 sufficient information to admit or deny the allegations contained in Paragraph 50 of 26 the Complaint, and on that basis denies each and every such allegation. 27

51.

Answering Paragraph 51 of the Complaint, Defendant Adams admits

28 that The Black Eyed Peas album, "The E.N.D." was released in or about June of
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ANSWER TO COMPLAINT

1 2009, and that certain deluxe editions of the album contains a track entitled "Shut 2 the Phunk Up." Defendant Adams denies the remaining allegations of this 3 paragraph. 4

52.

Answering Paragraph 52 of the Complaint, Defendant Adams admits

5 that The E.N.D. was nominated by the Grammy Awards for "Album of the Year" 6 and won a Grammy Award for the "Best Pop Vocal Album" on or about January 31, 7 2010. Defenant Adams denies the remaining allegations in this paragraph. 8

53.

Answering Paragraph 53 of the Complaint, Defendant Adams lacks

9 sufficient to form a belief as to what Plaintiff is informed or believes, and on that
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

10 basis denies the allegations in this paragraph. 11

54.

Answering Paragraph 54 of the Complaint, Defendant Adams lacks

12 sufficient to form a belief as to what Plaintiff is informed or believes, and on that 13 basis denies the allegations in this paragraph. 14

55.

Answering Paragraph 55 of the Complaint, Defendant Adams lacks

15 sufficient information to admit or deny the allegations contained in Paragraph 55, 16 and on that basis denies each and every such allegation. 17

56.

Answering Paragraph 56 of the Complaint, Defendant Adams denies

18 the allegations in this paragraph. 19

57.

Answering Paragraph 57 of the Complaint, Defendant Adams lacks

20 sufficient information to admit or deny the allegations contained in Paragraph 57, 21 and on that basis denies each and every such allegation. 22

58.

Answering Paragraph 58 of the Complaint, Defendant Adams lacks

23 sufficient information to admit or deny the allegations contained in Paragraph 58, 24 and on that basis denies each and every such allegation. 25

59.

Answering Paragraph 59 of the Complaint, Defendant Adams lacks

26 sufficient information to admit or deny the allegations contained in Paragraph 59, 27 and on that basis denies each and every such allegation. 28

60.
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Answering Paragraph 60 of the Complaint, Defendant Adams lacks
10
ANSWER TO COMPLAINT

1 sufficient information to admit or deny the allegations contained in Paragraph 60, 2 and on that basis, denies each and every such allegation 3

61.

Answering Paragraph 61 of the Complaint, Defendant Adams lacks

4 sufficient information to admit or deny the allegations contained in Paragraph 61, 5 and on that basis denies each and every such allegation. 6

62.

Answering Paragraph 62 of the Complaint, Defendant Adams lacks

7 sufficient information to admit or deny the allegations contained in Paragraph 62, 8 and on that basis denies each and every such allegation. 9
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LEGAL REQUIREMENTS OF SAMPLING 63. Answering Paragraph 63 of the Complaint, Defendant Adams lacks

10

11 sufficient information to admit or deny the allegations contained in this paragraph, 12 and on that basis denies each and every such allegation. 13

64.

Answering Paragraph 64 of the Complaint, Defendant Adams lacks

14 sufficient information to admit or deny the allegations contained in this paragraph, 15 and on that basis denies each and every such allegation. 16 17

LIABILITY OF EACH DEFENDANT AND DAMAGES TO PLAINTIFF 65. Answering Paragraph 65 of the Complaint, Defendant Adams denies

18 the allegations in this paragraph. 19

66. Answering Paragraph 66 of the Complaint, Defendant Adams denies the

20 allegations in this paragraph. 21

67.

Answering Paragraph 67 of the Complaint, Defendant Adams lacks

22 sufficient information to admit or deny the allegations contained in Paragraph 67, 23 and on that basis denies each and every such allegation. 24

68.

Answering Paragraph 68 of the Complaint, Defendant Adams lacks

25 sufficient information to admit or deny the allegations contained in Paragraph 68, 26 and on that basis, denies each and every such allegation. 27

69.

Answering Paragraph 69 of the Complaint, Defendant Adams denies

28 the allegations in this paragraph.
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ANSWER TO COMPLAINT

1

70.

Answering Paragraph 70 of the Complaint, Defendant Adams denies

2 the allegations in this paragraph. 3

71.

Answering Paragraph 71 of the Complaint, Defendant Adams denies

4 the allegations in this paragraph. 5

72.

Answering Paragraph 72 of the Complaint, Defendant Adams denies

6 the allegations in this paragraph. 7 8 9
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FIRST CLAIM FOR RELIEF (Copyright infringement (sound recording) relating to "(Not Just) Knee Deep"; against all named defendants and DOES 1 through 10) 73. Answering Paragraph 73 of the Complaint, Defendant Adams

10 11

12 incorporates his answers and responses to Paragraphs 1-72 above, as if fully restated 13 herein. 14

74.

Answering Paragraph 74 of the Complaint, Defendant Adams denies

15 the allegations in this paragraph. 16

75.

Answering Paragraph 75 of the Complaint, Defendant Adams denies

17 the allegations in this paragraph. 18

76.

Answering Paragraph 76 of the Complaint, Defendant Adams denies

19 the allegations in this paragraph. 20

77.

Answering Paragraph 77 of the Complaint, Defendant Adams denies

21 the allegations in this paragraph. 22

78.

Answering Paragraph 78 of the Complaint, Defendant Adams denies

23 the allegations in this paragraph. 24

79.

Answering Paragraph 79 of the Complaint, Defendant Adams denies

25 the allegations in this paragraph. 26

80.

Answering Paragraph 80 of the Complaint, Defendant Adams denies

27 the allegations in this paragraph. 28

81.
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Answering Paragraph 81 of the Complaint, Defendant Adams denies
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ANSWER TO COMPLAINT

1 the allegations in this paragraph. 2

82.

Answering Paragraph 82 of the Complaint, Defendant Adams denies

3 the allegations in this paragraph. 4

83.

Answering Paragraph 83 of the Complaint, Defendant Adams denies

5 the allegations in this paragraph. 6 7 8 9
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SECOND CLAIM FOR RELIEF (Declaratory Judgment; against all named defendants and DOES 1 through 10) 84. Answering Paragraph 84 of the Complaint, Defendant Adams

10 incorporates his answers and responses to Paragraphs 1-83 above, as if fully restated 11 herein. 12

85. Answering Paragraph 85 of the Complaint, Defendant Adams lacks

13 sufficient information to admit or deny the allegations contained in Paragraph 85, 14 and on that basis denies each and every such allegation. 15

86.

Answering Paragraph 86 of the Complaint, Defendant Adams admits

16 that, upon information and belief, Plaintiff seeks declaratory relief, but denies that 17 he is entitled to such relief. As to the remaining allegations of Paragraph 86, 18 Defendant denies each and every such allegation. 19

87.

Answering Paragraph 87 of the Complaint, Defendant Adams admits

20 that, upon information and belief, Plaintiff seeks declaratory relief, but denies that 21 he is entitled to such relief. As to the remaining allegations of Paragraph 87, 22 Defendant denies each and every such allegation. 23 24 25 26

THIRD CLAIM FOR RELIEF (Permanent injunction; (against all named defendants and DOES 1 through 10) 88. Answering Paragraph 88 of the Complaint, Defendant Adams

27 incorporates his answers and responses to Paragraphs 1-87 above, as if fully restated 28 herein.
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ANSWER TO COMPLAINT

1

89.

Answering Paragraph 89 of the Complaint, Defendant Adams denies

2 the allegations in this paragraph. 3

90.

Answering Paragraph 90 of the Complaint, Defendant Adams denies

4 the allegations in this paragraph. 5

91.

Answering Paragraph 91 of the Complaint, Defendant Adams admits

6 that, upon information and belief, Plaintiff seeks an injunction, but denies that 7 Plaintiff is entitled to an injunction of any sort, and further, notes that an injunction 8 is a species of relief, not a discrete claim for relief. 9
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92.

Plaintiff's Complaint does not include a Pararaph 92, and therefore, no

10 response is given for that numbered paragraph. 11

93.

Plaintiff's Complaint does not include a Pararaph 93, and therefore, no

12 response is given for that numbered paragraph. 13 14

NATURE OF LIABILITY 94. Answering Paragraph 94 of the Complaint, Defendant Adams denies

15 the allegations of this paragraph. 16 17

PRAYER FOR RELIEF Defendant Adams denies that Plaintiff is entitled to any of the relief requested

18 in his Prayer for Relief. 19 20 21 22

AFFMIRMATIVE DEFENSES FIRST DEFENSE (Failure to State a Claim) 1. The Complaint and all claims for relief alleged therein fail to state a

23 claim upon which relief can be granted. 24 25 26

SECOND DEFENSE (License) 2. Plaintiff's claims and the relief requested are barred based on the

27 existence of a valid license that authorized each of the Defendants to engage in the 28 allegedly infringing conduct.
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ANSWER TO COMPLAINT

1 2 3 4 5 6

THIRD DEFENSE (Statute of Limitations) 3. The Complaint is barred by the applicable statute of limitations. FOURTH DEFENSE (Consent) 4. Plaintiffs claims and the relief requested because he consented to

7 allegedly wrongful conduct stated in the Complaint. 8 9
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FIFTH DEFENSE (Waiver) 5. Plaintiff's claims and relief requested are barred by the equitable

10

11 doctrine of waiver. 12 13 14

SIXTH DEFENSE (Acquiescence) 6. Plaintiff's claims and relief requested are barred by the equitable

15 doctrine of acquiescence. 16 17 18

SEVENTH DEFENSE (Estoppel) 7. Plaintiff's claims and relief requested are barred by the equitable

19 doctrine of estoppel. 20 21 22

EIGHTH DEFENSE (Laches) 8. This Complaint is barred in whole or in part by the equitable doctrine

23 of laches. 24 25 26

NINTH DEFENSE (Unclean Hands) 9. Plaintiff's claims and requested relief are barred by the equitable

27 doctrine of unclean hands. 28
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ANSWER TO COMPLAINT

1 2 3 4 5 6 7 8

RESERVATION OF RIGHTS Defendant Adams reserves the right, upon completion of his investigation and discovery, to advance such additional defenses and/or counterclaims as they may be appropriate. WHEREFORE, having fully answered Plaintiff's Complaint, Defendant Adams prays for judgment against Plaintiff and awarding Defendant Adams his

9 costs, interest, reasonable attorneys' fees, together with such other and further relief
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10 as the Court may deem proper. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted, Dated: March 4, 2011 BRYAN CAVE LLP Jonathan S. Pink Kara E. F. Cenar Mariangela M. Seale By: /s/ Jonathan S. Pink Jonathan S. Pink Attorneys for Defendants WILL ADAMS; ALLAN PINEDA; JAIME GOMEZ; STACY FERGUSON; WILL.I.AM MUSIC, INC.; CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.; GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC.

16
ANSWER TO COMPLAINT

1 2 3 4 5 6 7 8 9
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JURY TRIAL DEMAND Defendant Adams hereby demands a jury trial.

Respectfully submitted, Dated: March 4, 2011 BRYAN CAVE LLP Jonathan S. Pink Kara E. F. Cenar Mariangela M. Seale By: /s/ Jonathan S. Pink Jonathan S. Pink Attorneys for Defendants WILL ADAMS; ALLAN PINEDA; JAIME GOMEZ; STACY FERGUSON; WILL.I.AM MUSIC, INC.; CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.; GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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