Rupa Marya v. Warner Chappell Music Inc

Filing 238

DECLARATION of Adam Kaplan In Support of Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment NOTICE OF MOTION AND MOTION to DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 223 filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Exhibit A To Declaration Of Adam Kaplan ISO Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment, # 2 Exhibit B To Declaration Of Adam Kaplan ISO Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment, # 3 Exhibit C To Declaration Of Adam Kaplan ISO Defendants' Reply Memorandum In Support Of Motion For Leave To File Supplemental Evidence In Support Of Motion For Summary Judgment)(Kaplan, Adam)

1 GLENN D. POMERANTZ (State Bar No. 112503)
gl~nn. pomerantz(a)mto .com
2 KELLYM.KLA'DS(StateBarNo.161091) ·
kelly.klaus(a)mto.com
3 MELINDA'11. LeMOINE (State Bar No. 235670)
melinda.lemoine(a)mto.com
4 ADAM I. KAPLAN (State Bar No. 268182)
adam.kaplan(a)mto.com
5 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
6 Thirty-Fifth Floor
Los Angeles, California 90071-1560
7 Telephone: [phone]
·
Facsimile: [phone]
8
Attorneys for Defendants
9 Warner/ChaiJpell Music, Inc. and
Summy-Bircliard, Inc.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION

13 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.,
17 et al.,
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Lead Case No. CV 13-04460-GHK
(MRWx)

DECLARATION OF ADAM I.
KAPLAN IN SUPPORT OF
DEFENDANTS' REPLY
MEMORANDUM IN SUPPORT OF
MOTION FOR LEAVE TO FILE .
SUPPLEMENTAL EVIDENCE

Defendants.
D_ate:
Time:
Courtroom:
Judge:

August 31,2015
9:30 a.m.
650
Hon. George H. King,
Chief Judge

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KAPLAN DECL, ISO DEFS.' REPLY ISO MOT.
FOR LEAVE TO FILE SUPP'L EVIDENCE
CASE NO. CV 13-04460-GHK (MRWx)

1 I, ADAM I. KAPLAN, hereby declare:
2

1.

I am an attorney at the firm Munger, Tolles & Olson LLP, counsel for

3 Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. Uointly,
4 "Warner/Chappell"). I am admitted to practice law in the State of California and
5 before this Court. I submit this declaration in support of Warner/Chappell's Reply
6 Memorandum in Support of Motion for Leave to File Supplemental Evidence in
7 Support of Motion for Summary Judgment. I have personal knowledge of the facts
8 stated herein and if called upon as a witness to testify as to them, I could and would
9 competently do so.
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2.

Attached hereto as Exhibit A is a true and correct copy of an excerpt

11 from the transcript of Plaintiffs' deposition of Warner/Chappell pursuant to Fed. R.
12 Civ. P. 30(b)(6).
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3.

Attached hereto as Exhibit B is a true and correct copy of Plaintiffs'

14 Second Notice of Taking Deposition of the Person Most Knowledgeable of
15 Defendant Warner/Chappell Music, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6).
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4.

Attached hereto as Exhibit Cis a true and correct copy of Defendant's

17 Objections to Plaintiffs' Amended Notice of Taking Deposition of the Person Most
18 Knowledgeable of Defendant Warner/Chappell Music, Inc. Pursuant to Fed. R. Civ.
19 P. 30(b)(6).
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I declare under penalty of perjury under the laws of the United States

22 that the foregoing is true and correct. Executed this 17th day of August 2015, at San
23 Francisco, California.
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KAPLAN DECL. ISO DEFS." REPLY ISO MOT.
FOR LEAVE TO FILE SUPP'L EVIDENCE
CASE NO. CV I3·04460·GHK (MRWx)