Rupa Marya v. Warner Chappell Music Inc

Filing 202

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)
[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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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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