Bryan Pringle v. William Adams Jr et al
Filing
101
ANSWER to Amended Complaint,,, 9 filed by Defendants Cherry River Music Co.(Pink, Jonathan)
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.
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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.
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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
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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
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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.
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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
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CH01DOCS154689.3
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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.
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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
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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
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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
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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.
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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
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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
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CH01DOCS154689.3
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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.
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Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414
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CH01DOCS154689.3
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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.
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Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414
BRYAN CAVE LLP
Kara Cenar
Jonathan Pink
Mariangela Seale
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CH01DOCS154689.3
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