Rupa Marya v. Warner Chappell Music Inc

Filing 201

NOTICE OF LODGING filed /DEFENDANTS' NOTICE OF LODGING OF UNUSUAL EXHIBITS [A, B, C, & D] TO THE DECLARATION OF KELLY M. KLAUS IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE EVIDENCE re Response in Opposition to Motion,,,,,,,,, 200 (Klaus, Kelly)

1 GLENN D. POMERANTZ (State Bar No. 112503)
[e-mail]
2 KELLY M. KLAUS (State Bar No. 161091)
[e-mail]
3 MELINDA E. LeMOINE (State Bar No. 235670)
[e-mail]
4 ADAM I. KAPLAN (State Bar No. 268182)
[e-mail]
5 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
6 Thirty-Fifth Floor
Los Angeles, California 90071-1560
7 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants
9 Warner/Chappell Music, Inc. and
Summy-Birchard, Inc.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

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14 GOOD MORNING TO YOU
PRODUCTIONS CORP.; et al.,
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Plaintiffs,
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v.
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WARNER/CHAPPELL MUSIC, INC.,
18 et al.,
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Defendants.

Lead Case No. CV 13-04460-GHK
(MRWx)
DEFENDANTS’ NOTICE OF
LODGING OF UNUSUAL EXHIBITS
[A, B, C, & D] TO THE
DECLARATION OF KELLY M.
KLAUS IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO
PLAINTIFFS’ MOTION TO
EXCLUDE EVIDENCE

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Hearing
Date:
Time:
Judge:

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Courtroom:

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February 9, 2015
9:30 a.m.
Hon. George H. King,
Chief Judge
650

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NOTICE OF LODGING
CASE NO. CV 13-04460-GHK (MRWx)

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TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF

2 RECORD:
Defendants hereby file this Notice of Lodging of Unusual Exhibits [A, B, C,

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4 & D] to the Declaration of Kelly M. Klaus in Support of Defendants’ Opposition to
5 Plaintiffs’ Motion to Exclude Evidence.1
Local Rule 5-4.2(b)(1) exempts from the requirement for electronic filing

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7 “[n]on-paper physical exhibits, or paper exhibits the size of which makes it
8 impracticable for them to be scanned into PDF format.” Exhibits A, B, C, and D to
9 the Declaration of Kelly M. Klaus in Support of Defendants’ Opposition to
10 Plaintiffs’ Motion to Exclude Evidence (Dkt. 200-2, “Klaus Declaration”) are
11 “unusual” paper exhibits because the size and nature of these exhibits makes it
12 impracticable for them properly to scan into PDF format. These exhibits, which are
13 described in greater detail in the Klaus Declaration, are over-sized “certified” copies
14 issued by the United States Copyright Office. The certification for each of these
15 exhibits includes (1) a unique binding, which is part of the Copyright Office
16 certification process, that would be destroyed by electronic filing and (2) a unique
17 embossed individual seal, which cannot be scanned into PDF format or otherwise
18 duplicated for electronic filing. Accordingly, Defendants are lodging the original
19 “certified” documents.
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This Notice supersedes and replaces the Notice of Manual Filing that Defendants
filed on January 16, 2015 (Dkt. No 199).

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NOTICE OF LODGING
CASE NO. CV 13-04460-GHK (MRWx)

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Pursuant to Local Rule 11-5.4, Defendants also have included scanned PDF

2 versions of Exhibits A, B, C, and D, described above, as attachments to the Klaus
3 Declaration (see Dkts. 200-3 to 200-6).
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RESPECTFULLY SUBMITTED,

5 Dated: January 16, 2015
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MUNGER TOLLES & OLSON
By:

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/s/ Kelly M. Klaus
KELLY M.KLAUS
KELLY M. KLAUS (161091)
[e-mail]
ADAM I. KAPLAN (268182)
[e-mail]
560 Mission St., 27th Floor
San Francisco, CA 94105
Telephone: [phone]
MUNGER TOLLES & OLSON LLP
GLENN D. POMERANTZ (112503)
[e-mail]
MELINDA E. LEMOINE
[e-mail]
355 South Grand Ave., 35th Floor
Los Angeles, CA 90071
Telephone: [phone]
Attorneys for Defendants

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NOTICE OF LODGING
CASE NO. CV 13-04460-GHK (MRWx)