Rupa Marya v. Warner Chappell Music Inc

Filing 172

[REDACTED] JOINT EVIDENTIARY APPENDIX IN SUPPORT OF NOTICE OF MOTION AND CROSS-MOTION AND MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT re APPLICATION for Leave to File Under Seal 158 VOLUME 3 OF 8 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Appendix VOLUME 3 OF 8, # 2 Appendix VOLUME 3 OF 8, # 3 Appendix VOLUME 3 OF 8, # 4 Appendix VOLUME 3 OF 8, # 5 Appendix VOLUME 3 OF 8, # 6 Appendix VOLUME 3 OF 8)(Manifold, Betsy)

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EXHIBIT 21

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EXHIBIT 22 [ORIGINAL EXHIBIT MANUALLY LODGED
& FILED PURSUANT TO L.R. 11-5.4]

[Copy of Original Exhibit Attached]

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EXHIBIT 23 [ REDACTED]

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1

I, Randall S. Newman, hereby declare as follows:

2

1.

I am an attorney duly licensed to practice law in the State of California and I

3 am counsel for Plaintiffs in the above-entitled action. I have personal knowledge of the facts
4 stated herein based upon my review of the documents produced in this action and, if called

5 as a witness, I could and would testify competently thereto.

6 The Incorporation or Educational Music Bureau in Illinois in 1923
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2.

A Certificate of Incorporation for a corporation known as Educational Music

8 Bureau ("EMB") was filed with the Illinois Secretary of State on or about August 11, 1923.
9 Evidentiary Appendix ("App'x"), Exhibit ("Ex.") 17 at 503-507.
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3.

Paragraph

("~")

9 of the Certificate of Incorporation of EMB lists 9

shareholders who were issued a total of200 shares of capital stock in EMB. Id. at 505.
4.

John F. Sengstack's ("John Sengstack") name does not appear in

~

9 of the

13 Certificate of Incorporation. Id. at 505.
14 The Incoporation or Clayton F. Summy Co. in Illinois in 1925

15

5.

Articles of Incorporation for a corporation known as Clayton F. Summy Co.

16 were filed with the Illinois Secretary of State on or about April 15, 1925. Ex. 20 at 518-523.
17 The 1931 Agreement between Clayton F. Summy and John Sengstack

18

6.

Clayton F. Summy ("Clayton Summy") and John Sengstack entered into an

19 agreement dated August 7, 1931. Ex. 92 at 1059-1068.
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Ex. 23
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The Incorporation orClarton F. Summr Co. in Delaware in 1931
15.

It is undisputed that Clayton F. Summy Co. was incorporated in the State of

Delaware on or about August 31, 1931. ("Summy (DE)"). Ex. 1 at ~ 68, Ex. 2 at ~ 68.
16.

It is undisputed that Summy (DE) is the corporation that filed the Copyright

Applications for E51988 and E51990. 1

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In fact, the Summy (DE) was the only "Summy" corporation in existence in 1935
because the previous two Summy Corporations were dissolved in 1920 and 1933
respectively.

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Ex. 23
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