Rupa Marya v. Warner Chappell Music Inc
Filing
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REPLY in support of MOTION for Order for to Exclude Evidence 197 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Declaration of Mark C. Rifkin in Support of Reply in Further Support of Plaintiffs' Motion to Exclude Evidence, # 2 Exhibit 51, C & D)(Manifold, Betsy)
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FRANCIS M. GREGOREK (144785)
gregorek@whafh.com
BETSY C. MANIFOLD (182450)
manifold@whafh.com
RACHELE R. RICKERT (190634)
rickert@whafh.com
MARISA C. LIVESAY (223247)
livesay@whafh.com
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: 619/239-4599
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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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)
DECLARATION OF MARK C. RIFKIN
IN SUPPORT OF REPLY IN FURTHER
SUPPORT OF PLAINTIFFS’ NOTICE
OF MOTION AND MOTION TO
EXCLUDE EVIDENCE
Date:
Time:
Room:
Judge:
February 9, 2015
9:30 A.M.
650
Hon. George H. King,
Chief Judge
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I, Mark C. Rifkin, hereby declare as follows:
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1.
I am an attorney duly licensed to practice law in the States of New York
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and Pennsylvania, and am admitted to this Court pro hac vice in the above-captioned
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action. I am a partner with the law firm Wolf Haldenstein Adler Freeman & Herz
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LLP, interim lead class counsel for Plaintiffs and the proposed class. I have personal
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knowledge of the following facts, and if called upon to do so, I could and would
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competently testify as to them.
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2.
I submit this declaration in support of the Reply In Further Support of
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Plaintiffs’ Motion to Exclude Evidence filed December 22, 2014 (Dkts. 197-198)
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proffered on behalf of plaintiffs Good Morning To You Productions Corp., Robert
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Siegel, Rupa Marya d/b/a Rupa & The April Fishes, and Majar Productions, LLC’s
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(“Plaintiffs”) and filed concurrently herewith. Plaintiffs respectfully request an order
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regarding Defendants’ Exhibits 101-104, 106, and 119 (collectively, “Defendants’
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Exhibits”) of the Amended Joint Evidentiary Appendix in Support of Notice of
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Cross-Motions and Cross-Motions for Summary Judgment Filed Pursuant to Court’s
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Dec. 5, 2014 Order, filed December 17, 2014 (Dkts. 187 (Vol. 1, Exs. 1-10, Pages 1-
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220); 188 (Vol. 2, Ex.11, Pages 221-486); 189 (Vol. 3, Exs. 12-54, Pages 487-706);
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190 (Vol. 4, Exs. 55-81, Pages 707-974); 191 (Vol. 5, Exs. 82-99, Pages 975-1141);
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192 (Vol. 6, Exs. 100-106, Pages 1200-1540); 193 (Vol. 7, Exs. 107-116, Pages
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1541-1750); and 194 (Vol. 8, Exs. 117-126, Pages 1751-1947)) (collectively, the
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“Appendix”): (i) finding Defendants’ Exhibits are inadmissible; (ii) excluding
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Defendants’ Exhibits from the Appendix and (iii) striking all references to
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Defendants’ Exhibits as well as the arguments based upon them from the Cross-
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Motions for Summary Judgment (Dkt. 182, as amended on Nov. 26, 2014) (the
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“Joint Brief”) and the [Corrected] Joint Statement of Uncontroverted Facts (Dkt. 183,
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as amended on Dec. 1, 2014) (the “SOF”).
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EXIllBITS
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Attached hereto as Exhibit 51 is a true and correct copy of the Answer
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to Amended Complaint, The Hill Foundation Inc. v. Clayton F. Summy Co., Civil
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No. 19-377 (S.D.N.Y. Dec. 29, 1942) (App'x at 3:676-689) included in the Appendix
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(for ease of reference, each exhibit is identified by the same number as it appears in
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4.
Attached hereto as Exhibit C is a true and correct copy of Happy
8 Birthday to You sheet music printed by Alfred Publishing Co., Inc., with the legend
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"© 1979 Summy-Birchard Music, Inc."
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Attached hereto as Exhibit D is a true and correct copy of Happy
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Birthday to You sheet music printed by Summy-Birchard Music, a division of Birch
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Tree Group, Ltd., with the legend "© 1935 by Summy-Birchard Music" and the
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legend "This arrangement © 1979."
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I declare under penalty of perjury that the foregoing is true and correct under
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the laws of the United States. Executed this 26th day of January 2015, in the City of
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New York, State of State of New York.
.IJ,IA
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By:
--'-f_l/f/VU-J
_____
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WARNERJCHAPPELL:21520
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