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)

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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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