George Clinton v. Will Adams et al

Filing 22

ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Cherry Land Music Publishing Company, Inc..(Pink, Jonathan)

George Clinton v. Will Adams et al

Doc. 22

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 AND AFFIRMATIVE DEFENSES OF DEFENDANT CHERRY LANE MUSIC PUBLISHING COMPANY, INC.; JURY DEMAND Complaint Filed: Trial Date: December 10, 2010 Not Assigned

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;
IR01DOCS478684.1

ANSWER TO COMPLAINT AND JURY DEMAND
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

Defendant Cherry Lane Music Publishing Company, Inc. ("Defendant

2 Cherry Lane") presents the following Answer to the Complaint of Plaintiff George 3 Clinton ("Complaint"): 4 5

NATURE OF THE ACTION 1. Answering Paragraph 1 of the Complaint, Defendant Cherry Lane

6 admits that Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to 7 such relief. Further, Defendant Cherry Lane admits the accuracy of the release dates 8 set forth in Paragraph 1. As the remaining allegations of Paragraph 1, Defendant 9 Cherry Lane denies all such allegations.
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10

2.

Answering Paragraph 2 of the Complaint, Defendant Cherry Lane lacks

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

3.

Answering Paragraph 3 of the Complaint, Defendant Cherry Lane

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

JURISDICTION AND VENUE 4. Answering Paragraph 4 of the Complaint, Defendant Cherry Lane

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

5.

Answering Paragraph 5 of the Complaint, Defendant Cherry Lane

23 denies that it may be found in this district, and as to the remaining allegations of 24 Paragraph 5, lacks sufficient information to admit or deny them, and on that basis, 25 denies each and every such remaining allegations. 26

6.

Answering Paragraph 6 of the Complaint, Defendant Cherry Lane lacks

27 sufficient information to admit or deny the allegations in Paragraph 6, and on that 28 basis denies each and every such allegation.
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3
ANSWER TO COMPLAINT

1

7.

Answering Paragraph 7 of the Complaint, Defendant Cherry Lane lacks

2 sufficient information to admit or deny the allegations in Paragraph 7, and on that 3 basis denies each and every such allegation. 4

8.

Answering Paragraph 8 of the Complaint, Defendant Cherry Lane,

5 upon information and belief, denies that it is subject to the personal jursidcition of 6 this Court, but Defendant Cherry Lane lacks sufficient information to admit or deny 7 the remaining allegations contained in Paragraph 8, and on that basis denies each 8 and every such allegation. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

PARTIES 9. Answering Paragraph 9 of the Complaint, Defendant Cherry Lane is

10

11 without sufficient information to admit or deny the allegations of Paragraph 9, and 12 on that basis denies such allegations. 13

10.

Answering Paragraph 10 of the Complaint, Defendant Cherry Lane

14 lacks sufficient information to admit or deny the allegations contained in Paragraph 15 10, and on that basis denies each and every such allegation. 16

11.

Answering Paragraph 11 of the Complaint, Defendant Cherry Lane

17 lacks sufficient information to admit or deny these allegations, and on that basis 18 denies each and every such allegation. 19

12.

Answering Paragraph 12 of the Complaint, Defendant Cherry Lane

20 lacks sufficient information to admit or deny these allegations, and on that basis 21 denies each and every such allegation. 22

13.

Answering Paragraph 13 of the Complaint, Defendant Cherry Lane

23 lacks sufficient information to admit or deny the allegations contained in Paragraph 24 13, and on that basis, denies each and every such allegation. 25

14.

Answering Paragraph 14 of the Complaint, Defendant Cherry Lane

26 lacks sufficient information to admit or deny the allegations in Paragraph 6, and on 27 that basis denies each and every such allegation. 28

15.
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Answering Paragraph 15 of the Complaint, Defendant Cherry Lane
4
ANSWER TO COMPLAINT

1 lacks sufficient information to admit or deny these allegations, and on that basis 2 denies each and every such allegation. 3

16.

Answering Paragraph 16 of the Complaint, Defendant Cherry Lane is

4 without sufficient information to admit or deny the allegations of Paragraph 16, and 5 on that basis denies such allegations. 6

17.

Answering Paragraph 17 of the Complaint, Defendant Cherry Lane

7 lacks sufficient information to admit or deny the allegations contained in Paragraph 8 17, and on that basis denies each and every such allegation. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

18.

Answering Paragraph 18 of the Complaint, Defendant Cherry Lane

10 lacks sufficient information to admit or deny the allegations contained in Paragraph 11 18, and on that basis denies each and every such allegation. 12

19.

Answering Paragraph 19 of the Complaint, Defendant Cherry Lane is

13 without sufficient information to admit or deny the allegations of Paragraph 19, and 14 on that basis denies such allegations. 15

20.

Answering Paragraph 20 of the Complaint, Defendant Cherry Lane is

16 without sufficient information to admit or deny the allegations of Paragraph 20, and 17 on that basis denies such allegations. 18

21.

Answering Paragraph 21 of the Complaint, Defendant Cherry Lane

19 denies the allegations contained in this paragraph. 20

22.

Answering Paragraph 22 of the Complaint, Defendant Cherry Lane

21 lacks sufficient information to admit or deny these allegations, and on that basis 22 denies each and every such allegation. 23

23.

Answering Paragraph 23 of the Complaint, Defendant Cherry Lane

24 lacks sufficient information to admit or deny the allegations contained in Paragraph 25 23, and on that basis, denies each and every such allegation. 26

24.

Answering Paragraph 24 of the Complaint, Defendant Cherry Lane is

27 without sufficient information to admit or deny the allegations of Paragraph 24, and 28 on that basis denies such allegations.
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ANSWER TO COMPLAINT

1

25.

Answering Paragraph 25 of the Complaint, Defendant Cherry Lane

2 lacks sufficient information to admit or deny the allegations contained in Paragraph 3 25, and on that basis denies each and every such allegation. 4

26.

Answering Paragraph 26 of the Complaint, Defendant Cherry Lane

5 denies the allegations in this paragraph. 6

27.

Answering Paragraph 27 of the Complaint, Defendant Cherry Lane

7 denies the allegations in this paragraph. 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

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

10 lacks sufficient information to admit or deny these allegations, and on that basis 11 denies each and every such allegation. 12

29.

Answering Paragraph 29 of the Complaint, Defendant Cherry Lane

13 lacks sufficient information to admit or deny these allegations, and on that basis 14 denies each and every such allegation. 15

30.

Answering Paragraph 30 of the Complaint, Defendant Cherry Lane

16 lacks sufficient information to admit or deny these allegations, and on that basis 17 denies each and every such allegation. 18

31.

Answering Paragraph 31 of the Complaint, Defendant Cherry Lane

19 lacks sufficient information to admit or deny these allegations, and on that basis 20 denies each and every such allegation. 21

32.

Answering Paragraph 32 of the Complaint, Defendant Cherry Lane

22 lacks sufficient information to admit or deny the allegations of Paragraph 32, and on 23 that basis denies each and every such allegation. 24

33.

Answering Paragraph 33 of the Complaint, Defendant Cherry Lane

25 lacks sufficient information to admit or deny the allegations of Paragraph 33, and on 26 that basis denies each and every such allegation. 27 28

34.
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Answering Paragraph 34 of the Complaint, Defendant Cherry Lane
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ANSWER TO COMPLAINT

1 lacks sufficient information to admit or deny the allegations of Paragraph 34, and on 2 that basis, denies each and every such allegation. 3

35.

Answering Paragraph 35 of the Complaint, Defendant Cherry Lane

4 lacks sufficient information to admit or deny the allegations of Paragraph 35, and on 5 that basis denies each and every such allegation. 6

36.

Answering Paragraph 36 of the Complaint, Defendant Cherry Lane

7 lacks sufficient information to admit or deny the allegations of Paragraph 36, and on 8 that basis denies each and every such allegation. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

37.

Answering Paragraph 37 of the Complaint, Defendant Cherry Lane

10 lacks sufficient information to admit or deny these allegations, and on that basis 11 denies each and every such allegation. 12

38.

Answering Paragraph 38 of the Complaint, Defendant Cherry Lane

13 lacks sufficient information to admit or deny these allegations, and on that basis 14 denies each and every such allegation. 15 16

RELEASE OF SHUT UP REMIX 39. Answering Paragraph 39 of the Complaint, Defendant Cherry Lane

17 admits The Black Eyed Peas released the album Elephunk in 2003. Except as 18 admitted herein, Defendant Cherry Lane lacks sufficient information to admit or 19 deny the remaining allegations in this paragraph, and on that basis, denies the same. 20

40.

Answering Paragraph 40 of the Complaint, Defendant Cherry Lane

21 admits the allegations in this paragraph. 22

41.

Answering Paragraph 41 of the Complaint, Defendant Cherry Lane

23 lacks sufficient information to admit or deny the allegations in this paragraph, and 24 on that basis, denies the same. 25

42.

Answering Paragraph 42 of the Complaint, Defendant Cherry Lane

26 lacks sufficient information to admit or deny these allegations, and on that basis 27 denies each and every such allegation. 28

43.
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Answering Paragraph 43 of the Complaint, Defendant Cherry Lane
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ANSWER TO COMPLAINT

1 lacks sufficient information to admit or deny the remaining allegations in this 2 paragraph, and on that basis, denies the same. 3

44.

Answering Paragraph 44 of the Complaint, Defendant Cherry Lane

4 lacks sufficient information to admit or deny the allegations in this paragraph, and 5 on that basis, denies the same. 6

45.

Answering Paragraph 45 of the Complaint, Defendant Cherry Lane

7 lacks sufficient information to admit or deny the allegations in this paragraph, and 8 on that basis, denies the same. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

46.

Answering Paragraph 46 of the Complaint, Defendant Cherry Lane

10 lacks sufficient information to admit or deny the allegations in this paragraph, and 11 on that basis, denies the same. 12

47.

Answering Paragraph 47 of the Complaint, Defendant Cherry Lane

13 lacks sufficient information to admit or deny the allegations in this paragraph, and 14 on that basis, denies the same. 15

48.

Answering Paragraph 48 of the Complaint, Defendant Cherry Lane

16 lacks sufficient information to admit or deny the allegations set forth in this 17 paragraph, and on that basis denies the same. 18 19

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

20 lacks sufficient information to admit or deny the allegations contained in Paragraph 21 49, and on that basis, denies each and every allegation. 22

50.

Answering Paragraph 50 of the Complaint, Defendant Cherry Lane

23 lacks sufficient information to admit or deny the allegations contained in Paragraph 24 50 of the Complaint, and on that basis denies each and every such allegation. 25

51.

Answering Paragraph 51 of the Complaint, Defendant Cherry Lane

26 admits that The Black Eyed Peas album, "The E.N.D." was released on or about 27 June 3, 2009, and that the deluxe edition of the album contains a track entitled "Shut 28 the Funk Up." Defendant Cherry Lane denies the remaining allegations of this
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8
ANSWER TO COMPLAINT

1 paragraph. 2

52.

Answering Paragraph 52 of the Complaint, Defendant Cherry Lane

3 admits the allegations in this paragraph. 4

53.

Answering Paragraph 53 of the Complaint, Defendant Cherry Lane

5 admits the allegations in this paragraph. 6

54.

Answering Paragraph 54 of the Complaint, Defendant Cherry Lane

7 lacks sufficient information to admit or deny the allegations in this paragraph, and 8 on that basis, denies the same. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

55.

Answering Paragraph 55 of the Complaint, Defendant Cherry Lane

10 lacks sufficient information to admit or deny the allegations contained in Paragraph 11 55, and on that basis denies each and every such allegation. 12

56.

Answering Paragraph 56 of the Complaint, Defendant Cherry Lane

13 lacks sufficient information to admit or deny the allegations in this paragraph, and 14 on that basis, denies the same. 15

57.

Answering Paragraph 57 of the Complaint, Defendant Cherry Lane

16 lacks sufficient information to admit or deny the allegations contained in Paragraph 17 57, and on that basis denies each and every such allegation. 18

58.

Answering Paragraph 58 of the Complaint, Defendant Cherry Lane

19 lacks sufficient information to admit or deny the allegations contained in Paragraph 20 58, and on that basis denies each and every such allegation. 21

59.

Answering Paragraph 59 of the Complaint, Defendant Cherry Lane

22 lacks sufficient information to admit or deny the allegations contained in Paragraph 23 59, and on that basis denies each and every such allegation. 24

60.

Answering Paragraph 60 of the Complaint, Defendant Cherry Lane

25 lacks sufficient information to admit or deny the allegations contained in Paragraph 26 60, and on that basis, denies each and every such allegation 27

61.

Answering Paragraph 61 of the Complaint, Defendant Cherry Lane

28 lacks sufficient information to admit or deny the allegations contained in Paragraph
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ANSWER TO COMPLAINT

1 61, and on that basis denies each and every such allegation. 2

62.

Answering Paragraph 62 of the Complaint, Defendant Cherry Lane

3 lacks sufficient information to admit or deny the allegations contained in Paragraph 4 62, and on that basis denies each and every such allegation. 5 6

LEGAL REQUIREMENTS OF SAMPLING 63. Answering Paragraph 63 of the Complaint, Defendant Cherry Lane

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

64.

Answering Paragraph 64 of the Complaint, Defendant Cherry Lane

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

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

14 denies the allegations in this paragraph. 15

66.

Answering Paragraph 66 of the Complaint, Defendant Cherry Lane

16 denies the allegations in this paragraph. 17

67.

Answering Paragraph 67 of the Complaint, Defendant Cherry Lane

18 admits that exploitations of sound recordings that embody performances by The 19 Black Eyed Peas generate income, and further, admits that "(Not Just) Knee Deep" 20 was sampled pursuant to an express, written license agreement ostensibly executed 21 by Plaintiff or his authorized representatives. 22

68.

Answering Paragraph 68 of the Complaint, Defendant Cherry Lane

23 lacks sufficient information to admit or deny the allegations contained in Paragraph 24 68, and on that basis, denies each and every such allegation. 25

69.

Answering Paragraph 69 of the Complaint, Defendant Cherry Lane

26 denies the allegations in this paragraph. 27

70.

Answering Paragraph 70 of the Complaint, Defendant Cherry Lane

28 denies the allegations in this paragraph.
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ANSWER TO COMPLAINT

1

71.

Answering Paragraph 71 of the Complaint, Defendant Cherry Lane

2 denies the allegations in this paragraph. 3

72.

Answering Paragraph 72 of the Complaint, Defendant Cherry Lane

4 denies the allegations in this paragraph. 5 6 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

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 Cherry Lane

10 incorporates its answers and responses to Paragraphs 1-72 above, as if fully restated 11 herein. 12

74.

Answering Paragraph 74 of the Complaint, Defendant Cherry Lane

13 denies the allegations in this paragraph. 14

75.

Answering Paragraph 75 of the Complaint, Defendant Cherry Lane

15 denies the allegations in this paragraph. 16

76.

Answering Paragraph 76 of the Complaint, Defendant Cherry Lane

17 denies the allegations in this paragraph. 18

77.

Answering Paragraph 77 of the Complaint, Defendant Cherry Lane

19 denies the allegations in this paragraph. 20

78.

Answering Paragraph 78 of the Complaint, Defendant Cherry Lane

21 denies the allegations in this paragraph. 22

79.

Answering Paragraph 79 of the Complaint, Defendant Cherry Lane

23 denies the allegations in this paragraph. 24

80.

Answering Paragraph 80 of the Complaint, Defendant Cherry Lane

25 denies the allegations in this paragraph. 26

81.

Answering Paragraph 81 of the Complaint, Defendant Cherry Lane

27 denies the allegations in this paragraph. 28

82.
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Answering Paragraph 82 of the Complaint, Defendant Cherry Lane
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ANSWER TO COMPLAINT

1 denies the allegations in this paragraph. 2

83.

Answering Paragraph 83 of the Complaint, Defendant Cherry Lane

3 denies the allegations in this paragraph. 4 5 6 7

SECOND CLAIM FOR RELIEF (Declaratory Judgment; against all named defendants and DOES 1 through 10) 84. Answering Paragraph 84 of the Complaint, Defendant Cherry Lane

8 incorporates its answers and responses to Paragraphs 1-83 above, as if fully restated 9 herein.
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10

85.

Answering Paragraph 85 of the Complaint, Defendant Cherry Lane

11 lacks sufficient information to admit or deny the allegations contained in Paragraph 12 85, and on that basis denies each and every such allegation. 13

86.

Answering Paragraph 86 of the Complaint, Defendant Cherry Lane

14 admits that, upon information and belief, Plaintiff seeks declaratory relief, but 15 denies that he is entitled to such relief. As to the remaining allegations of Paragraph 16 86, Defendant denies each and every such allegation. 17

87.

Answering Paragraph 87 of the Complaint, Defendant Cherry Lane

18 admits that, upon information and belief, Plaintiff seeks declaratory relief, but 19 denies that he is entitled to such relief. As to the remaining allegations of Paragraph 20 87, Defendant denies each and every such allegation. 21 22 23 24

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

25 incorporates its answers and responses to Paragraphs 1-87 above, as if fully restated 26 herein. 27

89.

Answering Paragraph 89 of the Complaint, Defendant Cherry Lane

28 denies the allegations in this paragraph.
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ANSWER TO COMPLAINT

1

90.

Answering Paragraph 90 of the Complaint, Defendant Cherry Lane

2 denies the allegations in this paragraph. 3

91.

Answering Paragraph 91 of the Complaint, Defendant Cherry Lane

4 admits that, upon information and belief, Plaintiff seeks an injunction, but denies 5 that Plaintiff is entitled to an injunction of any sort, and further, notes that an 6 injunction is a species of relief, not a discrete claim for relief. 7

92.

Plaintiff's Complaint does not include a Paragraph 92, and therefore,

8 no response is given for that numbered paragraph. 9
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93.

Plaintiff's Complaint does not include a Paragraph 93, and therefore,

10 no response is given for that numbered paragraph. 11 12

NATURE OF LIABILITY 94. Answering Paragraph 94 of the Complaint, Defendant Cherry Lane

13 denies the allegations of this paragraph. 14 15

GENERAL RESPONSE Answering generally to all paragraphs of the Complaint, unless specifically

16 and expressly admitted, all allegations are denied. 17

Answering generally to Plaintiff's Prayer for Relief, Defendant Cherry Lane

18 denies that the Complaint states a claim upon which relief should be granted, and 19 Defendant Cherry Lane denies that Plaintiff is entitled to the relief requested. 20 Defendant Cherry Lane respectfully requests that the Complaint be dismissed with 21 prejudice, and that Plaintiff's request for relief be denied, and for an award of 22 attorneys' fees and costs. 23 24 25 26

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

27 claim upon which relief can be granted. 28
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SECOND DEFENSE
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ANSWER TO COMPLAINT

1 2

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

3 existence of a valid license that authorized each of the Defendants to engage in the 4 allegedly infringing conduct. 5 6 7 8 9
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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

10

11 allegedly wrongful conduct stated in the Complaint. 12 13 14

FIFTH DEFENSE (Waiver) 5. Plaintiff's claims and relief requested are barred by the equitable

15 doctrine of waiver. 16 17 18

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

19 doctrine of acquiescence. 20 21 22

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

23 doctrine of estoppel. 24 25 26

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

27 of laches. 28
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NINTH DEFENSE
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ANSWER TO COMPLAINT

1 2

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

3 doctrine of unclean hands. 4 5

RESERVATION OF RIGHTS Defendant Cherry Lane reserves the right, upon completion of its

6 investigation and discovery, to advance such additional defenses and/or 7 counterclaims as they may be appropriate. 8

WHEREFORE, having fully answered Plaintiff's Complaint, Defendant

9 Cherry Lane prays for judgment against Plaintiff and awarding Defendant Cherry
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

10 Lane its costs, interest, reasonable attorneys' fees, together with such other and 11 further relief as the Court may deem proper. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
IR01DOCS478684.1

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.

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ANSWER TO COMPLAINT

1 2 3 4 5 6 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

JURY TRIAL DEMAND Defendant Cherry Lane 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.

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ANSWER TO COMPLAINT