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)

EXHIBIT 16

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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

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Plaintiffs,

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-againstWARNER/CHAPPELL MUSIC INC., et al.,

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Defendants.
-------------------------------------------X

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Lead Case No. CV 13-04460-GHK (MRWx)

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DATE:

July 11, 2014

TIME:

2:00 p.m.

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VIDEOTAPED DEPOSITION of Richard

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Reimer, taken by Plaintiffs, held at the

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Offices of Paul, Weiss, Rifkind, Wharton &

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Garrison, LLP, 1285 Avenue of the Americas,

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New York, New York 10019, before Gilbert J.

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Bowles, a Notary Public of the State of New

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York.

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Job No: 81987

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A P P E A R A N C E S:

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WOLF HALDENSTEIN ADLER FREEMAN & HERZ
Attorneys for the Plaintiffs
270 Madison Avenue
New York, NY 10016
BY: MARK C. RIFKIN, ESQ.

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MUNGER TOLLES & OLSON
355 South Grand Avenue
Los Angeles, CA 90071
BY: MELINDA EADES LeMOINE, ESQ.

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PAUL, WEISS, RIFKIND, WHARTON & GARRISON
1285 Avenue of the Americas
New York, NY 10019
BY: DARREN W. JOHNSON, ESQ.

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ALSO PRESENT:

STEVE SANPIETRO
Legal Video Specialist

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*

RANDALL S. NEWMAN, ESQ.
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*

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S T I P U L A T I O N S

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IT IS HEREBY STIPULATED AND AGREED, by and between

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the attorneys for the respective parties herein,

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that filing and sealing be and the same are

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hereby waived.

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IT IS FURTHER STIPULATED AND AGREED that all

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objections, except as to the form of the

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question, shall be reserved to the time of the

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trial.

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IT IS FURTHER STIPULATED AND AGREED that the within

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deposition may be sworn to and signed before any

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officer authorized to administer an oath, with

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the same force and effect as if signed and sworn

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to before the Court.

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move on.

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Q

Mr. Reimer, in the period from

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1974 through 1979, did ASCAP provide services

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to Summy-Birchard individually as opposed to

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part of the services you provided to all of

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your members in issuing blanket licenses?

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MS. LeMOINE:

Objection to form.

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MR. JOHNSON:

Objection.

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A

I really don't know.

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Q

What services did ASCAP provide to

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Summy-Birchard in the period from 1974

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through 1979?

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MS. LeMOINE:

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Speculation.

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A

Objection to form.

Well, you know, apart from the

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documents that we already produced I'm

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unaware of any specific services.

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Q

Okay, that's fine.

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Does ASCAP have any interest in
the music it licenses?

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A

Again, we produced documents that

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I believe make clear whatever interest ASCAP

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has.

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have no interest in the copyrights

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themselves.

I also said in my declaration that we

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Q

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music?

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Do you have any interest in the

MR. JOHNSON:

Objection.

That's

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also beyond the scope of the topics

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here.

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very specific.

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royalties interest in any copyrights.

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Interest in any fees or

MR.RIFKIN:

Okay.

Are you going

to instruct him not to answer?

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Your topics about interest are

MR. JOHNSON:

Well, are you

insisting -- are you continuing --

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MR.RIFKIN:

I asked a question.

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simply asked a question as a yes or no

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answer.

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to answer go ahead, if not, let him

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answer and we can move on.

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If you want to instruct him not

MR. JOHNSON:

First, I'm going to

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object to the form of the question.

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Second, I'm going to instruct him not to

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answer.

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MR.RIFKIN:
Q

Okay, that's fine.

Does ASCAP have any interest in

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the copyright or any copyright to the song

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Happy Birthday To You?

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A

Again, I think my response is that
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the documents we produced speak for

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themselves.

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Q

Did ASCAP ever have any interest

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in any copyright to the song Happy Birthday

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To You?

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A

I would make the same response I

just made.
Q

Can you answer that yes or no for

the record, please?
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I will answer it by saying I think

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the documents we produced are

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self-explanatory.

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Q

Do you know if any of those

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documents identify any interest in the

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copyright that ASCAP has the copyright to the

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song Happy Birthday To You?

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MS. LeMOINE:

Objection.

Vague.

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MR. JOHNSON:

Objection.

This is

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also -- he's already testified to this

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in his declaration in this case.

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know what the answer is.

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try to suggest on the record that he

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hasn't already provided this information

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to you.

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MR.RIFKIN:

You

So let's not

I simply want him to

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