Rupa Marya v. Warner Chappell Music Inc
Filing
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DECLARATION of Betsy C. Manifold in support of plaintiffs' opposition MOTION to Dismiss Second Amended Consolidated Class Action Complaint and/or Motion to Strike Plaintiffs' Proposed Class Definition 52 filed by Plaintiffs Good Morning to You Productions Corp, Rupa Marya, Robert Siegel. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5, # 3 Exhibit 6)(Manifold, Betsy)
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FRANCIS M. GREGOREK (144785)
gregorek@whafh.com
BETSY C. MANIFOLD (182450)
manifold@whafh.com
RACHELE R. RICKERT (190634)
rickert@whafh.com
MARISA C. LIVESAY (223247)
livesay@whafh.com
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
750 B Street, Suite 2770
San Diego, CA 92101
Telephone: 619/239-4599
Facsimile: 619/234-4599
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Interim Lead Class Counsel for Plaintiffs and Proposed Class
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[Additional Counsel Appear on Signature Page]
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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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Plaintiffs,
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v.
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WARNER/CHAPPELL MUSIC, )
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INC., et al.,
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Defendants.
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GOOD MORNING TO YOU
PRODUCTIONS CORP., et al.,
Lead Case No. CV 13-04460-GHK (MRWx)
DECLARATION OF BETSY C.
MANIFOLD IN SUPPORT OF
PLAINTIFFS’ OPPOSITION TO
DEFENDANTS’ MOTION TO DISMISS
SECOND AMENDED COMPLAINT
Date:
Time:
Room:
Judge:
September 30, 2013
9:30 a.m.
650 (Roybal)
Hon. George H. King, Chief Judge
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I, Betsy C. Manifold, hereby declare as follows:
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1.
I am an attorney duly licensed to practice law in the States of California,
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New York, and Wisconsin, and before this Court. I am a partner with the law firm
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Wolf Haldenstein Adler Freeman & Herz LLP, interim lead class counsel for
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plaintiffs and the class. I have personal knowledge of the following facts, and if
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called upon to do so, I could and would competently testify as to them. I submit this
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declaration in support of Plaintiffs’ Opposition To Defendants’ Motion To Dismiss
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Second Amended Complaint (“Plaintiffs’ Opposition”) and concurrently filed
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Request For Judicial Notice In Support of Plaintiffs’ Opposition.
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2.
A true and correct copy of the relevant portions of defendant
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Waner/Chappell Music, Inc.’s parent company, Warner Music Group Corp.’s,
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Annual Report filed with Securities Exchange Commission, commonly referred to as
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an “SEC Form 10-K,” for the years 2008 to 2012, are attached hereto as follows:
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EX. NO.
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1.
DESCRIPTION OF DOCUMENT
Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 25,
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2008), at 11-16 (identifying Happy Birthday To You as revenue
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generating asset of nearly $2 million per annum)
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2.
Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 24,
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2009) at 11-15 (identifying Happy Birthday To You as revenue
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generating asset of nearly $2 million per annum)
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3.
Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 17,
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2010) at 11-15 (identifying Happy Birthday To You as revenue
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generating asset)
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4.
Warner Music Group Corp., Annual Report (SEC Form 10-K) (Dec. 18,
2011) at 12-16 (identifying Happy Birthday To You as revenue
generating asset)
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Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 13,
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2012) at 12-16 (identifying Happy Birthday To You as revenue
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generating asset)
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A true and correct copy of the “Order re Defendants’ Motion to Dismiss
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Complaint (Dkt. No. 5),” Hill v. US Bank, N.A., et al., Case No. CV 12-6586-GHK
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(JCx) (Dkt No. 13) (C.D. Cal. Nov. 26, 2012) is attached hereto as Exhibit 6.
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4.
Plaintiffs separately request the Court take judicial notice of the
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foregoing exhibits 1 to 5 in their concurrently filed Request for Judicial Notice In
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Support of Plaintiffs’ Opposition.
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I declare under penalty of perjury that the foregoing is true and correct.
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Executed this 9th day of September 2013, in the City of San Diego, State of
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California.
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By:/s/Betsy C. Manifold
BETSY C. MANIFOLD
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WARNER/CHAPPELL:20203.decl.bcm
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