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 3

Ex. 3
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1 FRANCIS M. GREGOREK (144785)
gregorek(a),whafh.com
2 BETSY c.-MANIFOLD (182450)
manifold(a),whafh.com
3 RACHEL'£ R. RICKERT (190634)
[e-mail]
4 MARIS' C. LIVESAY (22324 7)
A
li vesay(a),whafh.com
5 BRITTANY N. DEJONG (258766)
gej ong(a),whafh.com
6 WOL'FIIALDENSTEIN ADLER
FREEMAN & HERZ LLP
7 750 B Streek Suite 2770
San Diego, cA 92101
8 Telephone: [phone]
Facsimile: 619/234-4599
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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

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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)

PLAINTIFF GOOD MORNING TO
YOU PRODUCTIONS CORP.'S
INTERROGATORIES TO
DEFENDANT W ARNERICHAPPELL
MUSIC, INC. - SET NO. TWO

______________________ )
PLAINTIFF GOOD MORNING TO YOU
PRODUCTIONS CORP.
DEFENDANT W ARNERICHAPPELL MUSIC,
INC.
TWO

Ex. 3
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1

Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Plaintiff GOOD

2 MORNING TO YOU PRODUCTIONS CORP. ("Plaintiff'), by and through its
3 undersigned counsel, hereby propound the following interrogatories upon defendant
4 WARNER/CHAPPELL MUSIC, INC. ("Defendant"), to be answered, under oath,
5 within 30 days or such other time as the parties may agree or the Court may order.

DEFINITIONS

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1.

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

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

"Warner/Chappell,"

means

Warner/Chappell

Music,

Inc.,

its

1o subsidiaries and predecessors in interest, including without limitation Summy11

Birchard, Inc.

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3.

"You" or "Your" refers to each Defendant served with these requests.

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4.

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

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5.

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

15 without limitation."
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6.

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

17 v1ce versa.

INSTRUCTIONS

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The term "document," as used here, includes each "item" set forth in
1.
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20 Rule 34(a) of the Federal Rules of Civil Procedure, including, without limitation,
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electronically stored information, electronic or computerized data compilations, and

22 e-mail.
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2.

Whenever reference to a business entity appears, the reference shall

24 mean the business entity, its affiliated companies, partnerships, divisions,
25 subdivisions, units, businesses, ventures, directors, officers, employees, imprints,
26 agents or other representatives or affiliated third parties.
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Ex. 3
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3.

Your answers shall include all available information, including hearsay,

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in your possession, custody or control, or in the possession, custody or control of

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your agents or attorneys.

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4.

You shall answer each interrogatory fully, in writing and under oath,

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unless it is objected to, in which event all reasons for the objection shall be stated in

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lieu of an answer.

5.

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If you object to any part of an interrogatory, please respond to the

remaining part or parts completely.

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6.

All documents produced as an alternative to answering an interrogatory

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shall be produced as they are kept in the usual course of Your business or shall be

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organized and labeled in a manner responsive to the interrogatory.

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7.

If the person who verifies the answers to the interrogatories does not

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have personal knowledge of the information contained in each answer, that person

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shall identify such information and its source.

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8.

Where identification of a Copyright is required, the following shall be

separately stated as to each Copyright:

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a. the title, description, and author(s) of the work as stated on the

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application for Copyright;

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b. the title, description, and author(s) of the New Matter, if different from
(a.) in any respect;

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c. the title, description, deposit date, and author(s) of the Deposit Copy, if

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different from (a.) or (b.) in any respect;

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d. the Registration Number and registration date;

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e. the Copyright owner;

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9.

Where identification of a meeting is required, state the meeting date,

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location and attendees, and the substance ofthe subjects discussed.

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Ill

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Ex. 3
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1

10.

Where identification of a telephone conversation is required, state the

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date of the conversation, the location and identity of the call originator(s),

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recipient(s) and all other participants, and the substance of the subjects discussed.

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11.

Where identification of a document is required, separately state as to

each document:

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a. its date, its exact title, and the substance of the document with sufficient

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particularity to enable it to be identified and located within any

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document production;

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b. the identification and location of the files where the original and each

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copy is normally or presently kept;

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c. the name, business affiliation, and last known address of each author,

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intended recipient, and person currently in possession of the original or

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a copy of the document; and,

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d. if such document is no longer m existence, state the circumstances

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surrounding its elimination, the date and reasons for such elimination,

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and, the identity of the person(s) who ordered and/or supervised the

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elimination.

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12.

Where information concerning licensing activity is requested, provide

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the requested information by license type, such that information about the public

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performance licenses, mechanical licenses, synchronization licenses and all other

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types of licenses of the Song You have authorized or granted are separately provided.

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13.

Whenever identification of a person is required, the following shall be

separately stated as to each person:
a. the name and last known business address or location and phone number
of each such person; and

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b. if such person is an individual, additionally state each business position

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held by that individual at the time or times for which such identification

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is requested; and

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Ex. 3
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c. if such a person is not an individual, identify each individual employed

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by or representing such person who has knowledge of the matter at

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ISSUe.

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14.

If you refuse to respond to any of these interrogatories based on a claim

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of privilege or confidentiality, Your statement of the claim shall include all facts

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relied upon in support thereof. If you claim attorney work-product privilege, identify

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the litigation for which the work-product was prepared.

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15.

If you answer any interrogatory by reference to business records

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pursuant to Rule 33(d) ofthe Federal Rules of Civil Procedure, identify the business

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records and provide the name(s) of your employee(s) certifying the documents as

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business records for purposes of answering the interrogatory.

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16.

These interrogatories are continuing requests and you are obligated to

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notify plaintiffs counsel right away and amend or supplement your responses as

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soon as reasonably possible if you determine that an answer You provided was false,

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or if You subsequently obtain information which leads You to believe that Your

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response was incomplete or incorrect when made, or that Your response, although

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correct and complete when made, is no longer correct and complete.

RELEVANT TIME PERIOD

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Unless otherwise specified, the relevant time period for these interrogatories is

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1893 to the present date (the "Relevant Time Period").

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INTERROGATORIES

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INTERROGATORYNO.lS:

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Identify each person or entity, other than Defendants, who claims or has

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claimed to own a copyright to Happy Birthday to You or its lyrics, and for each

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person or entity, state:

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(a)

the nature of the claim made or asserted;

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(b)

for each such claim, when and how it was made or asserted;

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Ex. 3
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(c)

when and how you learned of the claim being made or asserted;

(d)

your response (if any) to the claim.

and

INTERROGATORY N0.16:
For each claim described in the preceding Interrogatory, identify all persons
with knowledge of the claim.
Dated: October 21, 2015

WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP

By:~[~q!_
BETSY

.

ANIFO

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750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619/234-4599

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Ex. 3
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Ex. 3
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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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WARNERICHAPPELL CONSOL:22302.rogs.set.2

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Ex. 3
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