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)

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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

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Interim Lead Class Counsel for Plaintiffs and Proposed Class

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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

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

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1.

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

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

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

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

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

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2.

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

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

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

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

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

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

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

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

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SUPPLEMENTAL EXHIBITS

Supplemental briefing was

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3.

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

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

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and (iii) Radio Station;

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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

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Exhibit 17: True and correct copies of correspondence exchanged between

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

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

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

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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.

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By:

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WARNER/CHAPPELL:21016.decl.bcm

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/s/ Betsy C. Manifold
BETSY C. MANIFOLD