Rupa Marya v. Warner Chappell Music Inc

Filing 126

SUPPLEMENT to MOTION for Order for (i) OVERRULING DEFENDANTS' CLAIM OF PRIVILEGE IN DOCUMENTS PRODUCED BY A NON-PARTY, OR PERMITTING A SECOND RULE 30(b)(6) DEPOSITION TO DETERMINE THE FACTUAL BASIS FOR THAT CLAIM; (ii) GRANTING RELIEF FROM THE DISCOVERY CUTOFF 123 [REDACTED] filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Declaration Supplemental Decl of Betsy C. Manifold, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17 [REDACTED & FILED UNDER SEAL])(Manifold, Betsy)

8

FRANCIS M. GREGOREK (144785)
[e-mail]
BETSY C. MANIFOLD (182450)
[e-mail]
RACHELE R. RICKERT (190634)
[e-mail]
MARISA C. LIVESAY (223247)
[e-mail]
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599

9

Interim Lead Class Counsel for Plaintiffs and Proposed Class

1
2
3
4
5
6
7

10
11

UNITED STATES DISTRICT COURT

12

CENTRAL DISTRICT OF CALIFORNIA

13

WESTERN DIVISION

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

)
)
)
)
Plaintiffs,
)
)
v.
)
WARNER/CHAPPELL MUSIC, )
)
INC., et al.,
)
)
Defendants.
)
)

GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,

Lead Case No. CV 13-04460-GHK (MRWx)
SUPPLEMENTAL DECLARATION OF
BETSY C. MANIFOLD IN FURTHER
SUPPORT OF PLAINTIFFS’ MOTION
[DKT. 123, 124] BY ORDER DATED
JULY 9, 2014 [DKT. 119]
Date:
July 25, 2014
Time:
9:30 A.M.
Judge:
Hon. Michael R. Wilner
Room:
H-9th Floor
Disc. Cutoff:
July 11, 2014
Pretrial Conf.:
N/A
Trial Date:
N/A
L/D File Jt. MSJ: 11/14/14

1

I, Betsy C. Manifold, hereby declare as follows:

2

1.

I am an attorney duly licensed to practice law in the States of California,

3

New York, and Wisconsin, and before this Court. I am a partner with the law firm

4

Wolf Haldenstein Adler Freeman & Herz LLP, interim lead class counsel for

5

plaintiffs and the class. I have personal knowledge of the following facts, and if

6

called upon to do so, I could and would competently testify as to them.

7

2.

I submit this declaration in further support of the motion by plaintiffs

8

Good Morning To You Productions Corp., Robert Siegel, Rupa Marya d/b/a Rupa &

9

The April Fishes, and Majar Productions, LLC’s (“Plaintiffs’”) for an order: (i)

10

overruling Defendants’ claim of privilege in documents produced by a non-party, or

11

permitting a second rule 30(B)(6) deposition to determine the factual basis for that

12

claim, (ii) granting relief from the discovery cut-off to conduct that deposition, and

13

(iii) and [proposed] order thereon. [Dkt. 123, 124].

14

permitted by Court Order dated July 9, 2014 [Dkt. 119].

15

SUPPLEMENTAL EXHIBITS

Supplemental briefing was

16

3.

17

Exhibit 13: Form ASCAP License Agreements for: (i) Restaurants, Bars,

18

Nightclubs, and Similar Establishments; (ii) Shopping Centers and Shopping Malls;

19

and (iii) Radio Station;

20
21
22
23
24
25

Attached hereto are true and correct copies of the following:

Exhibit 14: Excerpts from the Deposition of Richard Reimer (ASCAP) taken
on July 21, 2014;
Exhibit 15: Excerpts of ASCAP Compendium of ASCAP Rules and
Regulations, and Policies Supplemental to the Articles of Incorporation;
Exhibit 16: Excerpts from the Deposition of Richard Reimer (ASCAP) taken
on July 11, 2014; and

26

Exhibit 17: True and correct copies of correspondence exchanged between

27

ASCAP and Clayton F. Summy Co. in 1943 produced by non-party ASCAP on May

28
-1-

1

9, 2014 (ASCAP0193-197) (filed under seal in compliance with the parties’

2

protective order and non-party’s ASCAP’s “Confidential” designation).

3
4

I declare under penalty of perjury that the foregoing is true and correct.
Executed this 22nd day of July 2014, in the City of San Diego, State of California.

5

By:

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

WARNER/CHAPPELL:21016.decl.bcm

28

-2-

/s/ Betsy C. Manifold
BETSY C. MANIFOLD