Rupa Marya v. Warner Chappell Music Inc

Filing 264

OPPOSITION to NOTICE OF MOTION AND MOTION to AMEND Amended Complaint, 95 Notice of Motion and Motion for Leave to Amend and File Fifth Amended Complaint 258 /Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint filed by Defendants Summy-Birchard Inc, Warner Chappell Music Inc. (Attachments: # 1 Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 2 Exhibit 1 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 3 Exhibit 2 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 4 Exhibit 3 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 5 Exhibit 4 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 6 Exhibit 5 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 7 Exhibit 6 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 8 Exhibit 7 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 9 Exhibit 8 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 10 Exhibit 9 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 11 Exhibit 10 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint, # 12 Exhibit 11 to Declaration Of Kelly M. Klaus ISO Defendants' Opposition To Plaintiffs' Motion For Leave To Amend And File Fifth Amended Complaint)(Klaus, Kelly)

Exhibit 2

Ex. 14
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1 FRANCIS M. GREGOREK (144785)
gregorek@,whafh.com
2 BETSY C":' MANIFOLD (182450)
manifold(a),whafh.com
3 RACHEL'£ R. RICKERT (190634)
rickert@,whath.com
4 MARIS' C. LIVESAY (22324 7)
A
livesay@,whath.com
5 BRITTANY N. DEJONG (258766)
fl_ejong@,whafh.com
6 WOL1f1IALDENSTEIN ADLER
FREEMAN & HERZ LLP
7 750 B Stree~ Suite 2770
San Diego, \.,.,A 92101
8 Telephone: [phone]
9 Facsimile: 619/234-4599
10 Interim Lead Counsel for Plaintiffs and the [Proposed] Class
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA-

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WESTERN DIVISION
GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,

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Plaintiffs,

v.

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WARNER/CHAPPELL MUSIC,
INC., et al.

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Defendant.

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Lead Case No. CV 13-04460-GHK (MRWx)

PLAINTIFFS' SECOND REQUEST
FOR PRODUCTION OF DOCUMENTS
TO DEFENDANTS

___________ )
PROPOUNDING PARTY:

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26 RESPONDING PARTY:

PLAINTIFFS GOOD MORNING TO YOU
PRODUCTIONS CORP., ROBERT SIEGEL,
RUPA MARYA AND MAJAR PRODUCTIONS,
LLC
DEFENDANTS
W ARNERJCHAPPELL
MUSIC, INC. AND SUMMY-BIRCHARD, INC.

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28 SET NO.:

TWO
Ex. 14
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1

Pursuant to Rules 26 and 34 ofthe Federal Rules of Civil Procedure, Plaintiffs,

2 Good Morning To You Productions Corp., Robert Siegel, Rupa Marya, and Majar
3 Productions, LLC (together, "Plaintiffs"), by and through their undersigned counsel
4 hereby propound the following second set of requests for production upon
5 Defendants Warner/Chappell Music, Inc. and Summy-Birchard, Inc. (collectively,
6 "Defendants"). Defendants shall identify and produce the requested documents and
7 things for inspection and copying within thirty (30) days-or such other time as the
8 parties may agree or the Court may order-during normal business hours, at the
9 offices of Wolf Haldenstein Adler Freeman & Herz LLP, 750 B Street, Suite 2770,
10 San Diego, California 921 01.

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DEFINITIONS
1.

"Defendants" shall mean Warner/Chappell Music, Inc., and Summy-

13 Birchard, Inc. (or each individually, as context requires).
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2.

"Proposed Class" shall mean the class as defined in Plaintiffs' Fifth

15 Amended Complaint.
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3.

"Happy Birthday to You" means the song Happy Birthday to You.

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4.

"Including" and "includes" shall be construed to mean "including

18 without limitation."
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5.

The use of the singular form of any word includes the plural and

20 vice versa.
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REQUESTS FOR PRODUCTION

22 REQUEST FOR PRODUCTION NO. 13:
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All documents sufficient to determine the number of persons or entities (other

24 than Defendants and their directors, officers, employees, and affiliates) who entered
25 into a license or any other agreement with Defendants, their predecessors-in-interest,
26 or any of them, or paid Defendants, their predecessors-in-interest, or any of them,
27 directly or indirectly, anything of value for any rights regarding Happy Birthday to
28 You at any time since at least September 3, 1949.

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Ex. 14
16

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REQUEST FOR PRODUCTION NO. 14:
All documents that identify or state the last known address for each and every

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member of the Proposed Class or their successors-in-interest.

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REQUEST FOR PRODUCTION NO. 15:

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All licenses, assignments, consents, agreements, or undertakings of any kind

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pursuant to which Defendants, their predecessors-in-interest, or any of them

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purported to sell, confer, transfer, or grant to any member of the Proposed Class any

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rights of any kind to Happy Birthday to You at any time since September 3, 1949.

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REQUEST FOR PRODUCTION NO. 16:

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All accounts, ledgers, journals, worksheets, spreadsheets, trial balances,

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analyses, reviews, audits, accounting work papers, or due diligence records, reports,

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or work papers that set forth, in whole or in part, the licensing fees, royalties,

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payments, or other revenue received by Defendants or their predecessors-in-interest

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for Happy Birthday to You each year since 1949.

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REQUEST FOR PRODUCTION NO. 17:

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All other documents that set forth, in whole or in part, the licensing fees,

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royalties, payments, or other revenue received by Defendants or their predecessors-

IS

in-interest for Happy Birthday to You each year since 1949.

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REQUEST FOR PRODUCTION N0.18:

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All documents constituting, evidencing, or referring or relating to any dispute

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or disagreement between Defendants, their predecessors-in-interest, or any of them

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on the one hand and any other person or entity on the other hand regarding the scope

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or validity of any purported federal or common law copyright relating to Happy

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Birthday to You.

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REQUEST FOR PRODUCTION NO. 19:

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All documents constituting, evidencing, or referring or relating to the

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ownership by anyone of any purported federal or common law copyright relating to

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Happy Birthday to You.

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Ex. 14
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1 REQUEST FOR PRODUCTION NO. 20:
2

All documents constituting, evidencing, or referring or relating to any advice

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given to or received by Defendants, their predecessors-in-interest, or any of them

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regarding the scope or validity of any purported federal or common law copyright

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relating to Happy Birthday to You.

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REQUEST FOR PRODUCTION NO. 21:

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All documents setting forth any claim, contention, assertion, or other statement

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of ownership by Defendants, their predecessors-in-interest, or any of them, of any

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purported federal or common law copyright relating to Happy Birthday to You.

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EQUEST FOR PRODUCTION NO. 22:

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All documents setting forth any claim, contention, assertion, or other statement

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of ownership by any person or entity other than Defendants and their predecessors-

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in-interest, of any purported federal or common law copyright relating to Happy

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Birthday to You, or any response by Defendants, their predecessors-in-interest, or any

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of them, in response to any such claim, contention, assertion, or other statement of

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ownership.

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REQUEST FOR PRODUCTION NO. 23:

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All documents that identify any agent that collected mechanical royalties on

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behalf of Defendants, their predecessors-in-interest, or any of them for the use of

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Happy Birthday to You since September 3, 1949.

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REQUEST FOR PRODUCTION NO. 24:

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All documents that identify any agent that collected synchronization license

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fees on behalf of Defendants, their predecessors-in-interest, or any of them for the

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use of Happy Birthday to You since September 3, 1949.

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REQUEST FOR PRODUCTION NO. 25:

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All documents that identify any agent that collected public performance

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royalties on behalf of Defendants, their predecessors-in-interest, or any of them for

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the use of Happy Birthday to You since September 3, 1949.

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Ex. 14
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REQUEST FOR PRODUCTION NO. 26:

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All documents constituting, evidencing, or referring or relating to any royalties

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that Defendants, their predecessors-in-interest, or any of them paid to the Hill

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Foundation, Inc., since September 3, 1949.

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REQUEST FOR PRODUCTION NO. 27:
All Synchronization Request Forms for the use of Happy Birthday to You

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received by either Defendant at any time since January 1, 1989.

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REQUEST FOR PRODUCTION NO. 28:

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All documents constituting, evidencing, or referring or relating to how

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Defendants determined the fee to charge or collect for any synchronization license,

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public performance license, or any other use, publication, or performance of Happy

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Birthday to You at any time since January 1, 1989.

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REQUEST FOR PRODUCTION NO. 29:

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All invoices that either Defendant sent to any third-party for the use,

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publication, or performance of Happy Birthday to You at any time since January 1,

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1989.

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Dated: October 21, 20 15

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WOLF HALDENSTEIN ADLER
FR MAN & HERZ LLP

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FRANCIS M. GREGOREK
[e-mail]
BETSY C. MANIFOLD
[e-mail]
RACHELE R. RICKERT
[e-mail]
MARISA C. LIVESAY
[e-mail]
BRITTANYN. DEJONG
[e-mail]
750 B Street, Suite 2770

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Ex. 14
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San Diego, CA 921 0 1
Telephone: [phone]
Facsimile: 619/234-4599

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WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
MARK C. RIFKIN (pro hac vice)
[e-mail]
JANINE POLLACK (pro hac vice)
[e-mail]
270 Madison Avenue
New York, NY 10016
Telephone: [phone]
Facsimile: 212-545-4753

Interim Lead Counsel for Plaintiffs

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RANDALL S. NEWMAN PC
RANDALL S. NEWMAN (190547)
[e-mail]
3 7 Wall Street, Penthouse D
New York, NY 10005
Telephone: [phone]

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HUNT ORTMANN PALFFY NIEVES
DARLING & MAH, INC.
ALISON C. GIBBS (257526)
[e-mail]
OMEL A. NIEVES (134444)
[e-mail]
KATHL YNN E. SMITH (234541)
[e-mail]
301 North Lake Avenue, 7th Floor
Pasadena, CA 911 0 1
Telephone [phone]
Facsimile 626/796-0107

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Ex. 14
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DONAHUE GALLAGHER WOODS LLP
WILLIAM R. HILL (114954)
[e-mail]
ANDREWS. MACKAY (197074)
[e-mail]

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DANIEL J. SCHACHT (259717)
[e-mail]
1999 Harrison Street, 25th Floor
Oakland, CA 94612-3520
Telephone: [phone]
Facsimile: 510/832-1486

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GLANCY BINKOW &
GOLDBERG LLP
LIONEL Z. GLANCY (134180)
[e-mail]
MARC L. GODINO (188669)
[e-mail]
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310/201-9160

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Attorneys for Plaintiffs

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W ARNERICHAPPELL 22284.rfpd.set.two

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Ex. 14
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