Don Henley et al v. Charles S Devore et al

Filing 57

NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to liability for copyright and Lanham Act claims filed by plaintiff Mike Campbell, Don Henley, Danny Kortchmar. Motion set for hearing on 5/17/2010 at 01:30 PM before Judge James V. Selna. (Attachments: # 1 Proposed Order [Proposed] Order Granting Motion for Partial Summary Judgment)(Charlesworth, Jacqueline)

Don Henley et al v. Charles S Devore et al

Doc. 57

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MORRISON & FOERSTER LLP JACQUELINE C. CHARLESWORTH (pro hac vice) [e-mail] CRAIG B. WHITNEY (CA SBN 217673) [e-mail] TANIA MAGOON (pro hac vice) [e-mail] 1290 Avenue of the Americas New York, New York 10104 Telephone: [phone] Facsimile: 212.468.7900 PAUL GOLDSTEIN (CA SBN 79613) [e-mail] 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: 650.327.0811 Attorneys for Plaintiffs DON HENLEY, MIKE CAMPBELL and DANNY KORTCHMAR

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DON HENLEY, MIKE CAMPBELL and DANNY KORTCHMAR, Plaintiffs, v. CHARLES S. DEVORE and JUSTIN HART, Defendants. Case No. SACV09-0481 JVS (RNBx) PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT Date: Time: Ctrm: May 17, 2010 1:30 p.m. Hon. James V. Selna

PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT (SACV09-0481 JVS (RNBx))

ny-918664
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, on May 17, 2009 at 1:30 p.m., in accordance with the Court's Civil Minutes regarding the Scheduling Order, dated August 10, 2009, Plaintiffs Don Henley, Mike Campbell, and Danny Kortchmar will and hereby do move the Court pursuant to Federal Rule of Civil Procedure 56(a) and (d) for an order granting partial summary judgment holding Defendants Charles S. DeVore and Justin Hart liable for the willful infringement of Plaintiffs' musical compositions, in violation of the Copyright Act, 17 U.S.C. § 101 et seq., and for falsely suggesting an association with Plaintiff Henley in violation of the Lanham Act, 15 U.S.C. § 1125(a). This motion is made following the conference of counsel pursuant to L.R. 7-3, which took place on March 18, 2010. The grounds for this motion include: 1. Defendants, through their conduct, willfully infringed the copyright in

the musical work, "The Boys of Summer," by their unauthorized reproduction of, creation of a derivative work based upon, distribution to the public of, and public performance of such work. 2. Defendants, through their conduct, willfully infringed the copyright in

the musical work, "All She Wants to Do Is Dance," by their unauthorized reproduction of, creation of a derivative work based upon, distribution to the public of, and public performance of such work. 3. Defendants, through their conduct, improperly used Plaintiff Henley's

identity and persona by creating a false impression that Henley has endorsed, is affiliated, connected to or associated with, or has approved of the message and views of Defendants' infringing videos, Defendant DeVore and/or his political campaign. This motion is based on the concurrently filed Memorandum of Points and Authorities in Support of Partial Summary Judgment, Plaintiffs' Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Partial
1
ny-918664
PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT (SACV09-0481 JVS (RNBx))

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Summary Judgment, the Declarations of Jacqueline Charlesworth, Don Henley, Mike Campbell, Danny Kortchmar, Mark Rose, Lawrence Ferrara, Hal Poret, and Jon Albert, the pleadings and records on file in this Action, and such additional argument and evidence that may be introduced prior to or in connection with the hearing on this motion. Dated: April 9, 2010 MORRISON & FOERSTER LLP Jacqueline C. Charlesworth Craig B. Whitney Tania Magoon Paul Goldstein

By:

/s/ Jacqueline C. Charlesworth Jacqueline C. Charlesworth

Attorneys for Plaintiffs

2
ny-918664

PLAINTIFFS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT (SACV09-0481 JVS (RNBx))