Rupa Marya v. Warner Chappell Music Inc
Filing
223
NOTICE OF MOTION AND MOTION to DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. Motion set for hearing on 8/31/2015 at 09:30 AM before Judge George H. King. (Attachments: # 1 Declaration KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit EXHIBIT A TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 3 Exhibit EXHIBIT B TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 4 Exhibit EXHIBIT C TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 5 Exhibit EXHIBIT D TO KLAUS DECLARATION ISO DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, # 6 Proposed Order PROPOSED ORDER GRANTING DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT) (Klaus, Kelly)
Exhibit D
Ex. D
18
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
FOUNDED 1888
SYMPHONY TOWERS
270 MADISON AVENUE
NEW YORK, NY 10016
750 B STREET, SUITE
BETSY C. MAN I FOLD
SAN
619-234-3896
manifold@whafh.com
2770
DIEGO, CA 92101
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
55 WEST MONROE STREET, SUITE II II
619-239-4599
CHICAGO, IL 60603
3 I 2-984-0000
July 15, 2015
VIA ELECTRONIC MAIL
Adam I. Kaplan, Esq.
MUNGER TOLLES & OLSON LLP
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Re:
Good Morning To You Productions Corp., et al. v.
Warner/Chappell Music, Inc., et al.
Lead Case No.: CV 13-04460-GHK (MRWx)
Dear Adam:
Thank you for your July 9, 2015 letter and the enclosed documents, which we have now
reviewed for the first time. We will leave unaddressed at this time how it is that you did not
locate, identify, or produce these documents until now, as any further discussion of the untimely
disclosure will not materially advance the matter at hand. That said, however, we do not consent
to your proposed 13th-hour supplementation of the record. In directing the parties to submit a
supplemental joint brief on abandonment, Judge King ordered that the "Parties shall not submit
any new evidence." Judge King's Order thus made it abundantly clear that the summary
judgment factual record is closed.
In light of Judge King's Order, there is no justification for adding any documents from
the British Library (which you have not clearly identified in any event) to the summary judgment
record. If you proceed with such a motion, we reserve all our rights, including the right to
conduct discovery on the circumstances around which you sought and obtained any of the
recently-produced documents, and the right to ask the Court to add additional documents (such
as WC002239-41) to the summary judgment record in order to place your argument in context.
Very truly yours,
~fr~J'~~.Ro/
BCM:meb
cc:
Mark Rifkin
Randall Newman
WARNERCHAPPELL:21943.LTR
Ex. D
19
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