Rupa Marya v. Warner Chappell Music Inc

Filing 240

DECLARATION of Betsy C. Manifold in Support of EX PARTE APPLICATION for Leave to file Response under L.R. 7-10 239 filed by Plaintiffs Good Morning to You Productions Corp, Majar Productions LLC, Rupa Marya, Robert Siegel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Manifold, Betsy)

EXHIBIT B

EXHIBIT B
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Manifold, Betsy
From:

Sent:
To:
Cc:

Subject:

Manifold, Betsy
Thursday, August 20, 2015 4:49 PM
[e-mail]; Kaplan, Adam <[e-mail]>
([e-mail])
Rifkin, Mark; Pomerantz, Glenn ([e-mail]); LeMoine, Melinda
([e-mail])
Warner Chappell: Ex Parte Application Seeking Leave to File A Sur-Reply

Kelly and Adam:
I left a message for Adam but I wanted to reach out to both of you and cc everyone on the moving
papers. Defendants' reply in support of its Motion for Leave to File Supplemental Evidence in Support of the
Motion for Summary Judgment contained new arguments and law. In the interest of fairness, especially since
the Court is not likely to hear oral argument on Defendants' Motion on August 31, 2015, Plaintiffs are seeking
leave to file a short sur-reply to respond to both via an ex parte application. Under LR. 7-10, we cannot file
any response to Defendants' reply absent a court order. Defendants now argue for the first time that the
scope of the copyright covered by E51990 is broader than the application or the registration certificate and
covers work not done by Mr. Orem simply because the lyrics purportedly were included on the deposit
copy. Defendants also cited two cases (not cited in any of the summary judgment briefing to date) in support
of this new argument. See Sylvestre v. Oswald, No. 91 Civ. 5060 (JSM), 1993 U.S. Dist. LEXIS 7002, *5-6
(S.D.N.Y. May 18, 1993) and Williams v. Bridgeport Music, Inc., No. LA CVB-06004 JAK (AGRx), 2014 U.S. Dist.
LEXIS 182240, *25 (C.D. Cal. Oct. 30, 2014). Plaintiffs also dispute that these cases support your argument.
Please give me a call let me know whether you will oppose the ex pa rte application or not. We hope to file the
papers tomorrow and I will provide you with copies as soon as they are available before I file.
If you could give me a call tonight it would be appreciated -- 619-234-3896. I am traveling tomorrow but if
you could send me a convenient time to speak, I can give either or both of you a call.
Thanks, Betsy

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EXHIBIT B
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