Bryan Pringle v. William Adams Jr et al

Filing 101

ANSWER to Amended Complaint,,, 9 filed by Defendants Cherry River Music Co.(Pink, Jonathan)

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1 BRYAN CAVE LLP Jonathan Pink, California Bar No. 179685 2 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 3 Telephone: (949) 223-7000 Facsimile: (949) 223-7100 jonathan.pink@bryancave.com 4 E-mail: 5 BRYAN CAVE LLP Kara E. F. Cenar, (Pro Hac Vice) 6 Mariangela M. Seale, (Pro Hac Vice) 161 North Clark Street, Suite 4300 7 Chicago, IL 60601-3315 Telephone: (312) 602-5000 8 Facsimile: (312) 602-5050 E-mail: Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 kara.cenar@bryancave.com merili.seale@bryancave.com 10 Attorneys for Defendants WILLIAM ADAMS; STACY FERGUSON; ALLAN PINEDA; JAIME GOMEZ; all individually and collectively as the music group 11 THE BLACK EYED PEAS; TAB MAGNETIC PUBLISHING; HEADPHONE JUNKIE PUBLISHING, LLC; will.i.am. music, llc; JEEPNEY MUSIC, INC.; 12 CHERRY RIVER MUSIC CO.; and EMI APRIL MUSIC, INC. 13 UNITED STATES DISTRICT COURT 14 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 15 BRYAN PRINGLE, an individual, Plaintiff, 16 v. 17 18 WILLIAM ADAMS, JR.; STACY FERGUSON; ALLAN PINEDA; and 19 JAIME GOMEZ, all individually and collectively as the music group the 20 Black Eyed Peas; DAVID GUETTA; 21 22 23 24 25 FREDERICK RIESTERER; UMG RECORDINGS, INC.; INTERSCOPE RECORDS; EMI APRIL MUSIC, INC.; HEADPHONE JUNKIE PUBLISHING, LLC; WILL.I.AM. MUSIC, LLC; JEEPNEY MUSIC, INC.; TAB MAGNETIC PUBLISHING; CHERRY RIVER MUSIC CO.; SQUARE RIVOLI PUBLISHING; RISTER EDITIONS; and SHAPIRO, BERNSTEIN & CO., 26 Defendants. 27 28 CH01DOCS154689.3 Case No. SACV10-1656 JST(RZx) Hon. Josephine Staton Tucker Courtroom 10A DEFENDANT CHERRY RIVER MUSIC CO. ANSWER AND AFFIRMATIVE DEFENSES Complaint Filed: Trial Date: October 28, 2010 Not Assigned Defendant Cherry River Music Co. (“Defendant Cherry River”) presents the 1 2 following Answer and Defenses to Plaintiff’s First Amended Complaint 3 (“Complaint”): INTRODUCTION 4 5 1. Answering paragraph 1, Defendant Cherry River denies the allegations in this 6 paragraph. 7 2. Answering paragraph 2, Defendant Cherry River admits that Plaintiff’s 8 Complaint seeks certain relief, but denies that he is entitled to such relief, and denies Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 all remaining allegations of the paragraph. 10 3. Answering paragraph 3, Defendant Cherry River lacks sufficient information 11 to admit or deny the allegations contained in paragraph 3, and on that basis denies 12 each and every such allegation. 13 4. Answering paragraph 4, Defendant Cherry River lacks sufficient information 14 to admit or deny the allegations contained in paragraph 4, and on that basis denies 15 each and every such allegation. 16 5. Answering paragraph 5, Defendant Cherry River lacks sufficient information 17 to admit or deny the allegations contained in paragraph 5, and on that basis denies 18 each and every such allegation. 19 6. Answering paragraph 6, Defendant Cherry River admits that legitimate 20 copyright owners have rights defined by the law, but denies the remaining 21 allegations of this paragraph. JURISDICTION AND VENUE 22 23 7. Answering paragraph 7, Defendant Cherry River admits, on information and 24 belief, that this action appears to arise out of claims under the Copyright Act, and 25 that this Court would appear to have subject matter jurisdiction. Defendant Cherry 26 River denies that the Complaint states a cause of action upon which relief can be 27 granted. 28 8. Answering paragraph 8, Defendant Cherry River denies the allegations in this CH01DOCS154689.3 1 ANSWER 1 paragraph. GENERAL ALLEGATIONS 2 3 A. Parties 4 9. Answering paragraph 9, Defendant Cherry River lacks sufficient information 5 to admit or deny the allegations contained in paragraph 9, and on that basis denies 6 each and every such allegation. 7 10. Answering paragraph 10, Defendant Cherry River, on information and belief, 8 admits the allegations of paragraph 10. Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 11. Answering paragraph 11, Defendant Cherry River, on information and belief, 10 admits, the allegations of paragraph 11. 11 12. Answering paragraph 12, Defendant Cherry River, on information and belief, 12 admits the allegations of paragraph 12. 13 13. Answering paragraph 13, Defendant Cherry River, on information and belief, 14 admits the allegations of paragraph 13. 15 14. Answering paragraph 14, Defendant Cherry River admits that David Guetta 16 (“Guetta”) is an individual song writer and music producer and, on information and 17 belief, denies that Guetta lives in Los Angeles, California. Defendant Cherry River 18 admits that Guetta has co-written and co-produced certain songs of the musical 19 group known as The Black Eyed Peas. Other than these specific responses, the 20 remaining allegations of paragraph 14 are denied. 21 15. Answering paragraph 15, Defendant Cherry River admits that Frederic 22 Riesterer (“Riesterer”) is an individual song writer and music producer and, on 23 information and belief, denies that Riesterer lives in Los Angeles, California. 24 Defendant Cherry River admits that Riesterer has co-written and co-produced 25 certain songs of the musical group known as The Black Eyed Peas. Other than these 26 specific responses, the remaining allegations of paragraph 15 are denied. 27 16. Answering paragraph 16, Defendant Cherry River admits that UMG 28 Recordings, Inc. is a record label. CH01DOCS154689.3 Defendant Cherry River lacks sufficient 2 ANSWER 1 information to admit or deny the remaining allegations contained in paragraph 16, 2 and on that basis denies each and every such allegation. 3 17. Answering paragraph 17, Defendant Cherry River admits, on information and 4 belief, that Interscope is a record label and is owned by Defendant UMG. Defendant 5 Cherry River admits that there is a contractual relationship between the musical 6 group known as The Black Eyed Peas and Interscope. Defendant Cherry River 7 lacks sufficient information to admit or deny the remaining allegations contained in 8 paragraph 17, and on that basis denies each and every such allegation. Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 18. Answering paragraph 18, Defendant Cherry River admits, on information and 10 belief, that EMI April Music, Inc. is a music publishing company and that it has a 11 relationship to the song “I Gotta Feeling.” Defendant Cherry River lacks sufficient 12 information to admit or deny the remaining allegations contained in paragraph 18, 13 and on that basis denies each and every such allegation. 14 19. Answering paragraph 19, Defendant Cherry River admits, on information and 15 belief, that Headphone Junkie Publishing, LLC is in part a music publishing 16 designee and that it has a relationship to the song “I Gotta Feeling.” Defendant 17 Cherry River lacks sufficient information to admit or deny the remaining allegations 18 contained in paragraph 19, and on that basis denies each and every such allegation. 19 20. Answering paragraph 20, Defendant Cherry River admits that will.i.am 20 music, llc (incorrectly named in the Complaint as Will.I.Am Music, LLC) is, in part, 21 a music publishing designee of Defendant William Adams and that it has a 22 relationship to the song “I Gotta Feeling.” Defendant Cherry River denies that 23 will.i.am music, llc is a California Limited Liability Company but admit that its 24 principle place of business is in Los Angeles, California. The remaining allegations 25 are denied. 26 21. Answering paragraph 21, Defendant Cherry River admits, on information and 27 belief, that Jeepney Music, Inc. was, in part, a music publishing designee, that it had 28 a relationship to the song “I Gotta Feeling,” and, on information and belief, it had a CH01DOCS154689.3 3 ANSWER 1 place of business in Los Angeles, California. Defendant Cherry River lacks 2 sufficient information to admit or deny the remaining allegations contained in 3 paragraph 21, and on that basis denies each and every such allegation. 4 22. Answering paragraph 22, Defendant Cherry River admits, on information and 5 belief, that Tab Magnetic Publishing is, in part, a music publishing designee, that it 6 has a relationship to the song “I Gotta Feeling,” and, on information and belief, it 7 has a place of business in Los Angeles California. Defendant Cherry River lacks 8 sufficient information to admit or deny the remaining allegations contained in Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 paragraph 22, and on that basis denies each and every such allegation. 10 23. Answering paragraph 23, Defendant Cherry River denies the allegations in 11 this paragraph. 12 24. Answering paragraph 24, Defendant Cherry River admits, on information and 13 belief, that Rivoli Publishing is a music publishing company and that it has a 14 relationship to the song “I Gotta Feeling.” Defendant Cherry River lacks sufficient 15 information to admit or deny the remaining allegations contained in paragraph 24, 16 and on that basis denies each and every such allegation. 17 25. Answering paragraph 25, Defendant Cherry River admits, on information and 18 belief, that Rister Editions is a music publishing company and that it has a 19 relationship to the song “I Gotta Feeling.” Defendant Cherry River lacks sufficient 20 information to admit or deny the remaining allegations contained in paragraph 25, 21 and on that basis denies each and every such allegation. 22 26. Answering paragraph 26, Defendant Cherry River admits, on information and 23 belief, that Shapiro, Bernstein & Co., Inc. is a music publishing company and that it 24 has a relationship to the song “I Gotta Feeling.” Defendant Cherry River lacks 25 sufficient information to admit or deny the remaining allegations contained in 26 paragraph 26, and on that basis denies each and every such allegation. 27 B. Plaintiff’s Creation and Protection of His Original Work 28 27. Answering paragraph 27, Defendant Cherry River lacks sufficient information CH01DOCS154689.3 4 ANSWER 1 to admit or deny the allegations contained in paragraph 27, and on that basis denies 2 each and every such allegation. 3 28. Answering paragraph 28, Defendant Cherry River lacks sufficient information 4 to admit or deny the allegations contained in paragraph 28, and on that basis denies 5 each and every such allegation. 6 29. Answering paragraph 29, Defendant Cherry River lacks sufficient information 7 to admit or deny the allegations contained in paragraph 29, and on that basis denies 8 each and every such allegation. Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 30. Answering paragraph 30, Defendant Cherry River lacks sufficient information 10 to admit or deny the allegations contained in paragraph 30, and on that basis denies 11 each and every such allegation. 12 C. Defendants’ Access to and Copying of Plaintiff’s Copyrighted Song “Take a 13 Dive” 14 31. Answering paragraph 31, Defendant Cherry River lacks sufficient information 15 to admit or deny the allegations contained in paragraph 31, and on that basis denies 16 each and every such allegation. 17 32. Answering paragraph 32, Defendant Cherry River lacks sufficient information 18 to admit or deny the allegations contained in paragraph 32, and on that basis denies 19 each and every such allegation. 20 33. Answering paragraph 33, Defendant Cherry River lacks sufficient information 21 to admit or deny the allegations contained in paragraph 33, and on that basis denies 22 each and every such allegation. 23 34. Answering paragraph 34, Defendant Cherry River lacks sufficient information 24 to admit or deny the allegations contained in paragraph 34, and on that basis denies 25 each and every such allegation. 26 35. Answering paragraph 35, Defendant Cherry River lacks sufficient information 27 to admit or deny the allegations contained in paragraph 35, and on that basis denies 28 each and every such allegation. CH01DOCS154689.3 5 ANSWER 1 36. Answering paragraph 36, Defendant Cherry River lacks sufficient information 2 to admit or deny the allegations contained in paragraph 36, and on that basis denies 3 each and every such allegation. 4 37. Answering paragraph 37, Defendant Cherry River lacks sufficient information 5 to admit or deny the allegations contained in paragraph 37, and on that basis denies 6 each and every such allegation. 7 38. Answering paragraph 38, Defendant Cherry River lacks sufficient information 8 to admit or deny the allegations contained in paragraph 38, and on that basis denies Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 each and every such allegation. 10 39. Answering paragraph 39, Defendant Cherry River denies the allegations in 11 this paragraph. 12 D. Substantial Similarity Between “Take a Dive” and “I Gotta Feeling” 13 40. Answering paragraph 40, Defendant Cherry River lacks sufficient information 14 to admit or deny the allegations contained in paragraph 40, and on that basis denies 15 each and every such allegation. 16 41. Answering paragraph 41, Defendant Cherry River lacks sufficient information 17 to admit or deny the allegations contained in paragraph 41, and on that basis denies 18 each and every such allegation. 19 42. Answering paragraph 42, Defendant Cherry River lacks sufficient information 20 to admit or deny the allegations contained in paragraph 42, and on that basis denies 21 each and every such allegation. 22 43. Answering paragraph 43, Defendant Cherry River lacks sufficient information 23 to admit or deny the allegations contained in paragraph 43, and on that basis denies 24 each and every such allegation. 25 E. The Aftermath of “I Gotta Feeling’s” Release 26 44. Answering paragraph 44, Defendant Cherry River admits that I Gotta Feeling 27 was released in or around June 2009. Defendant Cherry River lacks sufficient 28 information to admit or deny the remaining allegations contained in paragraph 44, CH01DOCS154689.3 6 ANSWER 1 and on that basis denies each and every such allegation. 2 45. Answering paragraph 45, Defendant Cherry River admits that “I Gotta 3 Feeling” has achieved tremendous success and worldwide acclaim but lacks 4 sufficient information to admit or deny the allegations contained in paragraph 45, 5 and on that basis denies each and every such allegation. 6 46. Answering paragraph 46, Defendant Cherry River denies the allegations in 7 this paragraph. Defendants’ Conspiracy to Engage in and Conduct a Pattern and Practice of 9 Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 8 F. Ongoing Willful Copyright Infringement as to Others 10 47. Answering paragraph 47, Defendant Cherry River lacks sufficient information 11 to admit or deny the allegations contained in paragraph 47, and on that basis denies 12 each and every such allegation. 13 48. Answering paragraph 48, Defendant Cherry River lacks sufficient information 14 to admit or deny the allegations contained in paragraph 48, and on that basis denies 15 each and every such allegation. 16 49. Answering paragraph 49, Defendant Cherry River lacks sufficient information 17 to admit or deny the allegations contained in paragraph 49, and on that basis denies 18 each and every such allegation. 19 50. Answering paragraph 50, Defendant Cherry River lacks sufficient information 20 to admit or deny the allegations contained in paragraph 50, and on that basis denies 21 each and every such allegation. 22 51. Answering paragraph 51, Defendant Cherry River lacks sufficient information 23 to admit or deny the allegations contained in paragraph 51, and on that basis denies 24 each and every such allegation. 25 52. Answering paragraph 52, Defendant Cherry River lacks sufficient information 26 to admit or deny the allegations contained in paragraph 52, and on that basis denies 27 each and every such allegation. 28 53. Answering paragraph 53, Defendant Cherry River denies the allegations in CH01DOCS154689.3 7 ANSWER 1 this paragraph. 2 54. Answering paragraph 54, Defendant Cherry River lacks sufficient information 3 to admit or deny the allegations contained in paragraph 54, and on that basis denies 4 each and every such allegation, except that Defendant Cherry River admits that the 5 song I Gotta Feeling is and has been publically performed. 6 55. Answering paragraph 55, Defendant Cherry River denies the allegations in 7 this paragraph. 8 56. Answering paragraph 56, Defendant Cherry River lacks sufficient information Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 to admit or deny the allegations contained in paragraph 56, and on that basis denies 10 each and every such allegation. 11 57. Answering paragraph 57, Defendant Cherry River lacks sufficient information 12 to admit or deny the allegations contained in paragraph 57, and on that basis denies 13 each and every such allegation. 14 58. Answering paragraph 58, Defendant Cherry River denies the allegations to 15 the extent they relate to Defendant Cherry River. Defendant Cherry River lacks 16 sufficient information to admit or deny the allegations contained in paragraph 58 as 17 they relate to other defendants, and on that basis denies each and every such 18 allegation in this paragraph. 19 59. Answering paragraph 59, Defendant Cherry River lacks sufficient information 20 to admit or deny the allegations contained in paragraph 59, and on that basis denies 21 each and every such allegation. 22 60. Answering paragraph 60, Defendant Cherry River denies the allegations in 23 this paragraph. 24 COUNT I 25 Copyright Infringement Against All Defendants 26 61. Answering paragraph 61, Defendant Cherry River incorporates its answers 27 and responses to paragraphs 1-60 herein, as if fully restated herein. 28 62. Answering paragraph 62, Defendant Cherry River lacks sufficient information CH01DOCS154689.3 8 ANSWER 1 to admit or deny the allegations contained in paragraph 62, and on that basis denies 2 each and every such allegation. 3 63. Answering paragraph 63, Defendant Cherry River lacks sufficient information 4 to admit or deny the allegations contained in paragraph 63, and on that basis denies 5 each and every such allegation. 6 64. Answering paragraph 64, Defendant Cherry River denies the allegations in 7 this paragraph. 8 65. Answering paragraph 65, Defendant Cherry River lacks sufficient information Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 to admit or deny the allegations contained in paragraph 65, and on that basis denies 10 each and every such allegation. 11 66. Answering paragraph 66, Defendant Cherry River denies the allegations in 12 this paragraph. 13 67. Answering paragraph 67, Defendant Cherry River denies the allegations in 14 this paragraph. 15 68. Answering paragraph 68, Defendant Cherry River denies the allegations in 16 this paragraph. 17 69. Answering paragraph 69, Defendant Cherry River denies the allegations in 18 this paragraph. GENERAL RESPONSE 19 20 Answering generally to all paragraphs of the Complaint, unless specifically 21 and expressly admitted, all allegations are denied. 22 Answering generally to the request for relief, Defendant Cherry River denies 23 that the Complaint states a claim upon which relief should be granted, and 24 Defendant Cherry River denies that Plaintiff is entitled to the relief requested. 25 Defendant Cherry River respectfully requests that the Complaint be dismissed with 26 prejudice, and that Plaintiff’s request for relief be denied, and for an award of its 27 attorneys fees and costs. 28 CH01DOCS154689.3 9 ANSWER 1 AFFIRMATIVE DEFENSES 2 FIRST DEFENSE 3 (Failure to State A Claim) 4 1. The Complaint and all claims for relief alleged therein fail to state a 5 claim against Defendant upon which relief can be granted. 6 SECOND DEFENSE 7 (Laches) 8 2. The Complaint is barred in whole or in part by laches. Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 THIRD DEFENSE 10 (Failure to Mitigate) 11 3. Plaintiff has failed to mitigate and lessen damages, if any it sustained, 12 as required by law, and is barred from recovery by reason thereof against Defendant. 13 FOURTH DEFENSE 14 (17 U.S.C. § 411) 15 4. Plaintiff has failed to register the alleged copyrighted materials and, 16 therefore, is precluded from bringing a claim for copyright infringement pursuant to 17 17 U.S.C. § 411. 18 FIFTH DEFENSE 19 (17 U.S.C. § 412) 20 5. Plaintiff has failed to timely register the alleged copyrighted materials 21 and, therefore, is precluded from bringing a claim for statutory damages and 22 attorneys’ fees pursuant to 17 U.S.C. § 412. 23 24 25 26 27 28 CH01DOCS154689.3 10 ANSWER 1 SIXTH DEFENSE 2 (Implied License) 6. 3 Plaintiff’s claim and the relief requested is barred based on implied 4 license. 5 SEVENTH DEFENSE 6 (17 U.S.C. § 409) 7. 7 Plaintiff’s claim and the relief requested is barred based on Plaintiff’s 8 failure to comply with 17 U.S.C. § 409. Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 EIGHTH DEFENSE 10 (17 U.S.C. §301) 8. 11 Plaintiff’s allegations are barred by preemption 17 U.S.C. § 301. 12 NINTH DEFENSE 13 (Unclean Hands) 9. 14 Plaintiff’s claim and the relief requested is barred based on Plaintiff’s 15 unclean hands. 16 TENTH DEFENSE 17 (Unjust Enrichment) 10. 18 Plaintiff’s relief requested is barred as a result of unjust enrichment. 19 ELEVENTH DEFENSE 20 (Set Off) 11. 21 Plaintiff’s relief requested is barred as a result off set. Any amount 22 sought to be recovered in this action is barred in whole or in part by the amount 23 owing from Plaintiff to Defendant. 24 TWELFTH DEFENSE 25 (Copyright Misuse) 12. 26 Plaintiff’s copyright is unenforceable because he has committed 27 copyright misuse in one or more of the following ways: 28 • Plaintiff is asserting copyright rights beyond its scope. CH01DOCS154689.3 11 ANSWER 1 • Plaintiff is asserting copyright ownership in unprotectable elements. 2 • Plaintiff is asserting copyright ownership in portions of the work that are 3 unoriginal to Plaintiff. 4 • Plaintiff is asserting copying based upon similarities known to exist in 5 musical works which predate Plaintiff’s works. 6 • Plaintiff is asserting copying based upon similarities that are not 7 copyrightable. 8 • Plaintiff is asserting copying based upon similarities that are music Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 commonplaces. 10 • Plaintiff is asserting copying based upon similarities between works that are 11 not original to Plaintiff. 12 THIRTEENTH DEFENSE 13 (Waiver) 14 13. Plaintiff’s claims and relief requested are barred by the doctrine of 15 waiver. 16 FOURTEENTH DEFENSE 17 (Acquiescence) 18 14. Plaintiff’s claims and relief requested are barred by the doctrine of 19 acquiescence. 20 FIFTEENTH DEFENSE 21 (Estoppel) 22 15. Plaintiff’s claims and relief requested are barred by estoppel. 23 SIXTEENTH DEFENSE 24 (Speculative Damages) 25 16. The damages alleged in Plaintiff’s Complaint are impermissibly remote 26 and speculative, and therefore, Plaintiff is barred from the recovery of any such 27 damages against Defendant. 28 CH01DOCS154689.3 12 ANSWER 1 SEVENTEENTH DEFENSE 2 (Fraud on the U.S. Copyright Office) 3 17. Plaintiff’s claims and relief requested are barred because the copyrights 4 claimed by Plaintiff were obtained fraudulently from the Copyright Office. 5 EIGHTEENTH DEFENSE 6 (Unenforceability) 7 18. Plaintiff’s claims and relief requested are barred because the 8 registrations referenced in the Complaint are unenforceable. Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 NINETEENTH DEFENSE 10 (Invalidity) 11 19. Plaintiff’s claims and relief requested are barred because the 12 registrations referenced in the Complaint are invalid. RESERVATION OF RIGHTS 13 14 Defendant Cherry River reserves the right, upon completion of its 15 investigation and discovery, to file such additional defenses and/or counterclaims as 16 may be appropriate. 17 WHEREFORE, having fully answered Plaintiff’s Complaint, Defendant 18 Cherry River prays for judgment against Plaintiff and awarding Defendant Cherry 19 River its costs, interest, reasonable attorneys’ fees, together with such other and 20 further relief as the Court may deem proper. 21 22 Dated: February 10, 2011 23 24 25 BRYAN CAVE LLP Kara Cenar Jonathan Pink Mariangela Seale By: /s/ Jonathan Pink Jonathan Pink Attorneys for Defendants WILLIAM ADAMS; STACY FERGUSON; ALLAN PINEDA; JAIME GOMEZ; all individually and collectively as the music 26 27 28 CH01DOCS154689.3 13 ANSWER group THE BLACK EYED PEAS; TAB MAGNETIC PUBLISHING; HEADPHONE JUNKIE PUBLISHING, LLC; will.i.am. music, llc; JEEPNEY MUSIC, INC.; CHERRY RIVER MUSIC CO.; and EMI APRIL MUSIC, INC. 1 2 3 4 5 6 7 8 Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CH01DOCS154689.3 14 ANSWER JURY DEMAND 1 2 Defendant Cherry River Music Co. demands a jury trial. 3 4 Dated: February 10, 2011 5 6 7 By: /s/ Jonathan Pink Jonathan Pink Attorneys for Defendants WILLIAM ADAMS; STACY FERGUSON; ALLAN PINEDA; JAIME GOMEZ; all individually and collectively as the music group THE BLACK EYED PEAS; TAB MAGNETIC PUBLISHING; HEADPHONE JUNKIE PUBLISHING, LLC; will.i.am. music, llc; JEEPNEY MUSIC, INC.; CHERRY RIVER MUSIC CO.; and EMI APRIL MUSIC, INC. 8 9 Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 BRYAN CAVE LLP Kara Cenar Jonathan Pink Mariangela Seale 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CH01DOCS154689.3 15 ANSWER

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