Rupa Marya v. Warner Chappell Music Inc
DECLARATION of Robert Siegel in Support of Final Approval of Class Action Settlement and Request for Incentive Compensation Award NOTICE OF MOTION AND MOTION for Settlement Approval of Proposed Class Action Settlement Plaintiffs' Notice of Motion and Motion for Final Approval of Proposed Class Action Settlement; Memorandum of Points and Authorities in Support Thereof
1 FRANCIS M. GREGOREK (144785)
2 BETSY C. MANIFOLD (182450)
3 RACHELE R. RICKERT (190634)
4 MARISA C. LIVESAY (223247)
5 BRITTANY N. DEJONG (258766)
6 WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
7 750 B Street, Suite 2770
San Diego, CA 92101
8 Telephone: 619/239-4599
9 Facsimile: 619/234-4599
10 Interim Lead Counsel for Plaintiffs and the [Proposed] Class
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA -
14 GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
19 WARNER/CHAPPELL MUSIC,
INC., et al.
Lead Case No. CV 13-04460-GHK (MRWx)
DECLARATION OF ROBERT SIEGEL IN
SUPPORT OF FINAL APPROVAL OF
CLASS ACTION SETTLEMENT AND
REQUEST FOR INCENTIVE
Hon. George H. King, Chief
June 27, 2016
The undersigned, Robert Siegel, under penalty of perjury, hereby declares and
2 states as follows:
I am a filmmaker and the assignee of Big Fan Productions, Inc. (“Big
4 Fan”). I am also one of the four Plaintiffs in this Action. I have personal knowledge
5 of the facts set forth herein and, if called upon, I could and would competently testify
I submit this Declaration in support of Plaintiffs’ motions for final
8 approval of the Settlement and for an incentive compensation award to the Plaintiffs.
9 These motions and supporting memoranda of law are filed concurrently herewith.
Big Fan obtained a license from Defendant Warner/Chappell Music, Inc.
11 (“Warner”) on or about September 1, 2009, for which it paid Warner the sum of
12 $3,000. At the time, I was aware of Warner’s claim to own a copyright to the song
13 Happy Birthday to You (“Happy Birthday” or the “Song”), and at that time Big Fan
14 understood I could use the Song safely only if I obtained a license to do so.
After I paid for a license for Happy Birthday, I became aware that
16 another Plaintiff, Good Morning to You Productions Corp. (“GMTY”) had
17 commenced litigation against Warner and its subsidiary challenging their claim to
18 own a copyright to the Song.
I immediately contacted my attorney, Mark C. Rifkin, Esquire, and
20 discussed the copyright dispute with him. Following our discussion, I decided to
21 become involved in the litigation as a Plaintiff, and I instructed my attorney to make
22 arrangements for me to join the Action. On June 19, 2013, a complaint was filed in
23 this Court on my behalf and on behalf of all others who were similarly situated.
I have been actively involved as a Plaintiff in the Action. Before my
25 complaint was filed, I met with Mr. Rifkin and his colleagues and I gave them
26 information about Big Fan’s license, I spoke with them about the potential claims
27 against the Defendants, and explained my responsibilities as a plaintiff in a class
CASE NO. CV 13-04460-GHK (MRWX)
After my complaint was filed, I communicated with Mr. Rifkin and his
colleagues by telephone and email on numerous occasions about the progress of the
Action, to discuss ongoing discovery, and to discuss strategies in the litigation and
My attorneys have kept me informed of the progress of the litigation
throughout the pendency of the Action so that I could oversee the Action for the
benefit of the Class. In particular, my attorneys and I reviewed the consolidated and
amended complaints before they were filed, we reviewed the Defendants’ motion to
dismiss and Plaintiffs’ response to it, we reviewed the Court’s decision denying
Defendants’ motion to dismiss, we reviewed the exchange of discovery, we reviewed
the cross-motions for summary judgment and the Court’s hearings on the cross-
motions, we reviewed the Court’s decision granting partial summary judgment in
favor of the Plaintiffs, and we discussed the possible settlement of the Action.
I had extensive communication with my attorneys about the proposed
Settlement as it was being negotiated. Ultimately, after those communications, I
reviewed, approved, and executed the Settlement Agreement. Thereafter, I have
continued to review the settlement process.
I have spent approximately 30 hours in performing my duties as Plaintiff
in the Action. I have spent all that time at my own expense, and without any
compensation or promise of compensation of any kind.
I believe my role in the Action was instrumental in achieving the
excellent results we have obtained for the Class and for the public.
I hereby certify, under the penalty of perjury under the laws of the
Unitted States, that the foregoing statements are true and correct to the best of my
knowledge, information, and belief.
CASE NO. CV 13-04460-GHK (MRWX)
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