Rupa Marya v. Warner Chappell Music Inc

Filing 63

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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8 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 9 Interim Lead Class Counsel for Plaintiffs and Proposed Class 1 2 3 4 5 6 7 10 11 [Additional Counsel Appear on Signature Page] 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 WESTERN DIVISION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) Plaintiffs, ) ) v. ) WARNER/CHAPPELL MUSIC, ) ) INC., et al., ) ) Defendants. ) ) 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 1 I, Betsy C. Manifold, hereby declare as follows: 2 1. I am an attorney duly licensed to practice law in the States of California, 3 New York, and Wisconsin, and before this Court. I am a partner with the law firm 4 Wolf Haldenstein Adler Freeman & Herz LLP, interim lead class counsel for 5 plaintiffs and the class. I have personal knowledge of the following facts, and if 6 called upon to do so, I could and would competently testify as to them. I submit this 7 declaration in support of Plaintiffs’ Opposition To Defendants’ Motion To Dismiss 8 Second Amended Complaint (“Plaintiffs’ Opposition”) and concurrently filed 9 Request For Judicial Notice In Support of Plaintiffs’ Opposition. 10 2. A true and correct copy of the relevant portions of defendant 11 Waner/Chappell Music, Inc.’s parent company, Warner Music Group Corp.’s, 12 Annual Report filed with Securities Exchange Commission, commonly referred to as 13 an “SEC Form 10-K,” for the years 2008 to 2012, are attached hereto as follows: 14 15 EX. NO. 16 1. DESCRIPTION OF DOCUMENT Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 25, 17 2008), at 11-16 (identifying Happy Birthday To You as revenue 18 generating asset of nearly $2 million per annum) 19 2. Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 24, 20 2009) at 11-15 (identifying Happy Birthday To You as revenue 21 generating asset of nearly $2 million per annum) 22 3. Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 17, 23 2010) at 11-15 (identifying Happy Birthday To You as revenue 24 generating asset) 25 26 27 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) 28 -1- 1 5. Warner Music Group Corp., Annual Report (SEC Form 10-K) (Nov. 13, 2 2012) at 12-16 (identifying Happy Birthday To You as revenue 3 generating asset) 4 3. A true and correct copy of the “Order re Defendants’ Motion to Dismiss 5 Complaint (Dkt. No. 5),” Hill v. US Bank, N.A., et al., Case No. CV 12-6586-GHK 6 (JCx) (Dkt No. 13) (C.D. Cal. Nov. 26, 2012) is attached hereto as Exhibit 6. 7 4. Plaintiffs separately request the Court take judicial notice of the 8 foregoing exhibits 1 to 5 in their concurrently filed Request for Judicial Notice In 9 Support of Plaintiffs’ Opposition. 10 I declare under penalty of perjury that the foregoing is true and correct. 11 Executed this 9th day of September 2013, in the City of San Diego, State of 12 California. 13 14 By:/s/Betsy C. Manifold BETSY C. MANIFOLD 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WARNER/CHAPPELL:20203.decl.bcm -2-

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