George Clinton v. Will Adams et al

Filing 25

ANSWER to Complaint - (Discovery), Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Jaime Gomez, Tab Magnetic, Inc..(Pink, Jonathan)

George Clinton v. Will Adams et al

Doc. 25

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 JAIME GOMEZ AND TAB MAGNETIC, INC.; JURY DEMAND

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 JAIME GOMEZ, p/k/a Taboo, TAB MAGNETIC, INC. and

2 erroneously sued as d/b/a NAWASHA NETWORKS PUBLISHING (hereinafter 3 collectively referred to as "Defendant Gomez") present the following Answer to 4 Plaintiff's Complaint ("Complaint"): 5 6

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

7 that Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such 8 relief. Further, Defendant Gomez admits "Shut Up" was first released in 2003 and 9 two remixes were released in 2003 and 2009, respectively. Defendant Gomez
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

10 denies the remaining allegations. 11

2.

Answering Paragraph 2 of the Complaint, Defendant Gomez 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 Gomez 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 Gomez 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 Gomez 21 denies that the Complaint states any claim upon which relief can be granted. 22

5.

Answering Paragraph 5 of the Complaint, Defendant Gomez admits

23 that he may be found in this district. As to the remaining allegations, Defendant 24 Gomez 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 Gomez admits

27 that he resides in Los Angeles County, California. As to the remaining allegations, 28 Defendant Gomez lacks sufficient information to admit or deny them, and on that
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3
ANSWER TO COMPLAINT

1 basis denies such allegations. 2

7.

Answering Paragraph 7 of the Complaint, Defendant Gomez lacks

3 sufficient information to admit or deny the allegations of Paragraph 7, and on that 4 basis denies each and every such allegation. 5

8.

Answering Paragraph 8 of the Complaint, Defendant Gomez admits

6 that Tab Magnetic, Inc. has conducted business in the State of California. 7 Defendant Gomez lacks sufficient information to admit or deny the remaining 8 allegations contained in Paragraph 8, and on that basis denies each and every such 9 allegation.
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

10 11

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

12 Clinton is a well-known artist and composer. Defendant Gomez is without 13 sufficient information to admit or deny the remaining allegations of Paragraph 9, 14 and on that basis denies such allegations. 15

10.

Answering Paragraph 10 of the Complaint, Defendant Gomez admits

16 that William Adams lives in California, is a founding member of the musical group, 17 The Black Eyed Peas, and has been credited as a producer and songwriter for 18 various songs released by that group. Except as otherwise admitted in this Answer, 19 Defendant Gomez is without sufficient information to admit or deny the allegations 20 of Paragraph 10, and on that basis denies such allegations. 21

11.

Answering Paragraph 11 of the Complaint, Defendant Gomez admits

22 that Defendant Allan Pineda lives in California and is a founding member of the 23 musical group, The Black Eyed Peas, and has been credited as a songwriter for 24 various songs released by that group. Except as otherwise admitted in this Answer, 25 Defendant Gomez is without sufficient information to admit or deny the allegations 26 of Paragraph 11, and on that basis denies such allegations. 27

12.

Answering Paragraph 12 of the Complaint, Defendant Gomez admits

28 that he lives in California and is a founding member of the musical group, The
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4
ANSWER TO COMPLAINT

1 Black Eyed Peas, and has been credited as a songwriter for various songs released 2 by that group. Defendant Gomez admits that "(Not Just) Knee Deep" was sampled 3 in certain remixes of "Shut Up" pursuant to a license. Except as otherwise admitted 4 in this Answer, Defendant Gomez lacks information sufficient to form a belief as to 5 what Plaintiff is informed or believes, and on that basis denies the remaining 6 allegations in this paragraph. 7

13.

Answering Paragraph 13 of the Complaint, Defendant Gomez admits

8 that Defendant Stacy Ferguson first collaborated with The Black Eyed Peas on the 9 album Elephunk and performs vocally on certain remixes of the song "Shut Up."
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

10 Except as otherwise admitted in this Answer, Defendant Gomez is without sufficient 11 information to admit or deny the allegations of Paragraph 13, and on that basis 12 denies such allegations. 13

14.

Answering Paragraph 14 of the Complaint, Defendant Gomez admits

14 that Defendant George Pajon, Jr. is credited as a songwriter on various songs 15 released by the group, The Black Eyed Peas. Except as otherwise admitted in this 16 Answer, Defendant Gomez is without sufficient information to admit or deny the 17 allegations of Paragraph 14, and on that basis denies such allegations. 18

15.

Answering Paragraph 15 of the Complaint, Defendant Gomez admits

19 that Defendant John Curtis is credited as a songwriter on various songs released by 20 the group, The Black Eyed Peas. Except as otherwise admitted in this Answer, 21 Defendant Gomez is without sufficient information to admit or deny the allegations 22 of Paragraph 15, and on that basis denies such allegations. 23

16.

Answering Paragraph 16 of the Complaint, Defendant Gomez admits

24 that the remaining defendants are commercial entities within the music industry. 25 Except as otherwise admitted in this Complaint, Defendant Gomez is without 26 sufficient information to admit or deny the allegations of Paragraph 16, and on that 27 basis denies such allegations. 28

17.
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Answering Paragraph 17 of the Complaint, Defendant Gomez lacks
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ANSWER TO COMPLAINT

1 sufficient information to admit or deny the allegations contained in Paragraph 17, 2 and on that basis denies each and every such allegation. 3

18.

Answering Paragraph 18 of the Complaint, Defendant Gomez lacks

4 sufficient information to admit or deny the allegations contained in Paragraph 18, 5 and on that basis denies each and every such allegation. 6

19.

Answering Paragraph 19 of the Complaint, Defendant Gomez is

7 without sufficient information to admit or deny the allegations of Paragraph 19, and 8 on that basis denies such allegations. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

20.

Answering Paragraph 20 of the Complaint, Defendant Gomez lacks

10 information sufficient to form a belief as to what Plaintiff is informed or believes, 11 and on that basis denies the remaining allegations in this paragraph. 12

21.

Answering Paragraph 21 of the Complaint, Defendant Gomez lacks

13 information sufficient to form a belief as to what Plaintiff is informed or believes, 14 and on that basis denies the allegations in this paragraph. 15

22.

Answering Paragraph 22 of the Complaint, Defendant Gomez lacks

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

23.

Answering Paragraph 23 of the Complaint, Defendant Gomez lacks

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

24.

Answering Paragraph 24 of the Complaint, Defendant Gomez denies

22 that Tab Magnetic, Inc. is exploiting infringing sound recordings. Defendant 23 Gomez lacks information sufficient to form a belief as to what Plaintiff is informed 24 or believes, and on that basis denies the remaining allegations in this paragraph. 25

25.

Answering Paragraph 25 of the Complaint, Defendant Gomez lacks

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

26.
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Answering Paragraph 26 of the Complaint, Defendant Gomez denies
6
ANSWER TO COMPLAINT

1 the allegations in this paragraph. 2

27.

Answering Paragraph 27 of the Complaint, Defendant Gomez denies

3 the allegations in this paragraph. 4 5

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

6 that certain remixes of "Shut Up" contain authorized samples of "(Not Just) Knee 7 Deep" pursuant to a license. Except as expressly admitted, Defendant Gomez 8 denies the allegations in this paragraph. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

29.

Answering Paragraph 29 of the Complaint, Defendant Gomez admits

10 that certain remixes of "Shut Up" contain authorized samples of "(Not Just) Knee 11 Deep" pursuant to a license. Except as expressly admitted, Defendant Gomez 12 denies the allegations in this paragraph. 13

30.

Answering Paragraph 30 of the Complaint, Defendant Gomez admits

14 that certain remixes of "Shut Up" contain authorized samples of "(Not Just) Knee 15 Deep" pursuant to a license. Defendant Gomez further admits that sound recordings 16 of the musical compositions "Shut Up" and "Shut Up Remix" have been exploited 17 since their creation. Except as admitted herein, Defendant Gomez denies the 18 allegations in this paragraph. 19

31.

Answering Paragraph 31 of the Complaint, Defendant Gomez admits

20 that, upon information and belief, a recording of "(Not Just)" Knee Deep" appears 21 on Funkadelic's album "Uncle Jam Wants You," and on information and belief it 22 has been sampled by many musical artists. Defendant Gomez lacks sufficient 23 information to admit or deny the remaining allegations of Paragraph 31, and on that 24 basis, denies such remaining allegations. 25

32.

Answering Paragraph 32 of the Complaint, Defendant Gomez lacks

26 sufficient information to admit or deny the allegations of Paragraph 32, and on that 27 basis denies each and every such allegation. 28

33.
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Answering Paragraph 33 of the Complaint, Defendant Gomez lacks
7
ANSWER TO COMPLAINT

1 sufficient information to admit or deny the allegations of Paragraph 33, and on that 2 basis denies each and every such allegation. 3

34.

Answering Paragraph 34 of the Complaint, Defendant Gomez lacks

4 sufficient information to admit or deny the allegations of Paragraph 34, and on that 5 basis, denies each and every such allegation. 6

35.

Answering Paragraph 35 of the Complaint, Defendant Gomez lacks

7 sufficient information to admit or deny the allegations of Paragraph 35, and on that 8 basis denies each and every such allegation. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

36.

Answering Paragraph 36 of the Complaint, Defendant Gomez lacks

10 sufficient information to admit or deny the allegations of Paragraph 36, and on that 11 basis denies each and every such allegation. 12

37.

Answering Paragraph 37 of the Complaint, Defendant Gomez denies

13 the allegations in this paragraph. 14

38.

Answering Paragraph 38 of the Complaint, Defendant Gomez denies

15 the allegations in this paragraph. 16 17

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

18 the allegations in this paragraph. 19

40.

Answering Paragraph 40 of the Complaint, Defendant Gomez admits

20 the allegations in this paragraph. 21

41.

Answering Paragraph 41 of the Complaint, Defendant Gomez lacks

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

42.

Answering Paragraph 42 of the Complaint, Defendant Gomez, upon

25 information and belief, admits the allegations in this paragraph. 26

43.

Answering Paragraph 43 of the Complaint, Defendant Gomez lacks

27 sufficient information to admit or deny the allegations set forth in this paragraph, 28 and on that basis denies the same.
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ANSWER TO COMPLAINT

1

44.

Answering Paragraph 44 of the Complaint, Defendant Gomez admits

2 certain remixes have been exploited in singles. Defendant Gomez lacks 3 information as to which remixes Plaintiff is referring to, and on that basis denies the 4 remaining allegations of the paragraph 5

45.

Answering Paragraph 45 of the Complaint, Defendant Gomez admits

6 that certain remixes contain authorized samples. Defendant Gomez lacks 7 information as to which remixes Plaintiff is referring to, and on that basis denies the 8 remaining allegations of the paragraph. 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

46.

Answering Paragraph 46 of the Complaint, Defendant Gomez lacks

10 information as to which remixes Plaintiff is referring to, and on that basis denies the 11 remaining allegations of the paragraph. 12

47.

Answering Paragraph 47 of the Complaint, Defendant Gomez lacks

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

48.

Answering Paragraph 48 of the Complaint, Defendant Gomez denies

16 the allegations in this paragraph. 17 18

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

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

50.

Answering Paragraph 50 of the Complaint, Defendant Gomez lacks

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

51.

Answering Paragraph 51 of the Complaint, Defendant Gomez admits

25 that The Black Eyed Peas album, "The E.N.D." was released in or about June of 26 2009, and that certain deluxe editions of the album contains a track entitled "Shut 27 the Phunk Up." Defendant Gomez denies the remaining allegations of this 28 paragraph.
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ANSWER TO COMPLAINT

1

52.

Answering Paragraph 52 of the Complaint, Defendant Gomez admits

2 that The E.N.D. was nominated by the Grammy Awards for "Album of the Year" 3 and won a Grammy Award for the "Best Pop Vocal Album" on or about January 31, 4 2010. Defendant Gomez denies the remaining allegations in this paragraph. 5

53.

Answering Paragraph 53 of the Complaint, Defendant Gomez lacks

6 sufficient to form a belief as to what Plaintiff is informed or believes, and on that 7 basis denies the allegations in this paragraph. 8

54.

Answering Paragraph 54 of the Complaint, Defendant Gomez 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

55.

Answering Paragraph 55 of the Complaint, Defendant Gomez lacks

12 sufficient information to admit or deny the allegations contained in Paragraph 55, 13 and on that basis denies each and every such allegation. 14

56.

Answering Paragraph 56 of the Complaint, Defendant Gomez lacks

15 sufficient information to admit or deny the allegations contained in Paragraph 56, 16 and on that basis denies each and every such allegation. 17

57.

Answering Paragraph 57 of the Complaint, Defendant Gomez lacks

18 sufficient information to admit or deny the allegations contained in Paragraph 57, 19 and on that basis denies each and every such allegation. 20

58.

Answering Paragraph 58 of the Complaint, Defendant Gomez lacks

21 sufficient information to admit or deny the allegations contained in Paragraph 58, 22 and on that basis denies each and every such allegation. 23

59.

Answering Paragraph 59 of the Complaint, Defendant Gomez lacks

24 sufficient information to admit or deny the allegations contained in Paragraph 59, 25 and on that basis denies each and every such allegation. 26

60.

Answering Paragraph 60 of the Complaint, Defendant Gomez lacks

27 sufficient information to admit or deny the allegations contained in Paragraph 60, 28 and on that basis, denies each and every such allegation
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ANSWER TO COMPLAINT

1

61.

Answering Paragraph 61 of the Complaint, Defendant Gomez lacks

2 sufficient information to admit or deny the allegations contained in Paragraph 61, 3 and on that basis denies each and every such allegation. 4

62.

Answering Paragraph 62 of the Complaint, Defendant Gomez lacks

5 sufficient information to admit or deny the allegations contained in Paragraph 62, 6 and on that basis denies each and every such allegation. 7 8

LEGAL REQUIREMENTS OF SAMPLING 63. Answering Paragraph 63 of the Complaint, Defendant Gomez lacks

9 sufficient information to admit or deny the allegations contained in this paragraph,
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

10 and on that basis denies each and every such allegation. 11

64.

Answering Paragraph 64 of the Complaint, Defendant Gomez lacks

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

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

16 the allegations in this paragraph. 17

66.

Answering Paragraph 66 of the Complaint, Defendant Gomez denies

18 the allegations in this paragraph. 19

67.

Answering Paragraph 67 of the Complaint, Defendant Gomez lacks

20 sufficient information to admit or deny the allegations contained in Paragraph 67, 21 and on that basis denies each and every such allegation. 22

68.

Answering Paragraph 68 of the Complaint, Defendant Gomez lacks

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

69.

Answering Paragraph 69 of the Complaint, Defendant Gomez denies

26 the allegations in this paragraph. 27

70.

Answering Paragraph 70 of the Complaint, Defendant Gomez denies

28 the allegations in this paragraph.
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1

71.

Answering Paragraph 71 of the Complaint, Defendant Gomez denies

2 the allegations in this paragraph. 3

72.

Answering Paragraph 72 of the Complaint, Defendant Gomez denies

4 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 Gomez

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

74.

Answering Paragraph 74 of the Complaint, Defendant Gomez denies

13 the allegations in this paragraph. 14

75.

Answering Paragraph 75 of the Complaint, Defendant Gomez denies

15 the allegations in this paragraph. 16

76.

Answering Paragraph 76 of the Complaint, Defendant Gomez denies

17 the allegations in this paragraph. 18

77.

Answering Paragraph 77 of the Complaint, Defendant Gomez denies

19 the allegations in this paragraph. 20

78.

Answering Paragraph 78 of the Complaint, Defendant Gomez denies

21 the allegations in this paragraph. 22

79.

Answering Paragraph 79 of the Complaint, Defendant Gomez denies

23 the allegations in this paragraph. 24

80.

Answering Paragraph 80 of the Complaint, Defendant Gomez denies

25 the allegations in this paragraph. 26

81.

Answering Paragraph 81 of the Complaint, Defendant Gomez denies

27 the allegations in this paragraph. 28

82.
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Answering Paragraph 82 of the Complaint, Defendant Gomez denies
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ANSWER TO COMPLAINT

1 the allegations in this paragraph. 2

83.

Answering Paragraph 83 of the Complaint, Defendant Gomez denies

3 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 Gomez

8 incorporates his 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 Gomez lacks

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

86.

Answering Paragraph 86 of the Complaint, Defendant Gomez admits

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

87.

Answering Paragraph 87 of the Complaint, Defendant Gomez admits

18 that, upon information and belief, Plaintiff seeks declaratory relief, but denies that 19 he is entitled to such relief. As to the remaining allegations of Paragraph 87, 20 Defendant Gomez 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 Gomez

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

89.

Answering Paragraph 89 of the Complaint, Defendant Gomez denies

28 the allegations in this paragraph.
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ANSWER TO COMPLAINT

1

90.

Answering Paragraph 90 of the Complaint, Defendant Gomez denies

2 the allegations in this paragraph. 3

91.

Answering Paragraph 91 of the Complaint, Defendant Gomez admits

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

92.

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

8 response is given for that numbered paragraph. 9
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93.

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

10 response is given for that numbered paragraph. 11 12

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

13 the allegations of this paragraph. 14 15

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

16 in his Prayer for Relief. 17 18 19 20

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

21 claim upon which relief can be granted. 22 23 24

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

25 existence of a valid license that authorized each of the Defendants to engage in the 26 allegedly infringing conduct. 27 28
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THIRD DEFENSE (Statute of Limitations)
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ANSWER TO COMPLAINT

1 2 3 4

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

5 allegedly wrongful conduct stated in the Complaint. 6 7 8

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

9 doctrine of waiver.
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10 11 12

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

13 doctrine of acquiescence. 14 15 16

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

17 doctrine of estoppel. 18 19 20

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

21 of laches. 22 23 24

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

25 doctrine of unclean hands. 26 27 28

RESERVATION OF RIGHTS Defendant Gomez reserves the right, upon completion of his investigation and
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ANSWER TO COMPLAINT

1

discovery, to advance such additional defenses and/or counterclaims as they may be

2 appropriate. 3 4 5

WHEREFORE, having fully answered Plaintiff's Complaint, Defendant Gomez prays for judgment against Plaintiff and awarding Defendant Gomez his

6 costs, interest, reasonable attorneys' fees, together with such other and further relief 7 8 9
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

as the Court may deem proper. Respectfully submitted, 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 Dated: March 4, 2011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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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 Gomez 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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