Bryan Pringle v. William Adams Jr et al

Filing 103

ANSWER to Amended Complaint,,, 9 filed by Defendants Stacy Ferguson(collectively as the music group the Black Eyed Peas), Headphone Junkie Publishing LLC.(Pink, Jonathan)

1 BRYAN CAVE LLP

Jonathan Pink, California Bar No. 179685

2 3161 Michelson Drive, Suite 1500

Irvine, California 92612-4414

3 Telephone: [phone]

Facsimile: [phone]
[e-mail]

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: [phone]

8 Facsimile: [phone]

E-mail:

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9

[e-mail]
[e-mail]

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;

FREDERICK RIESTERER; UMG

21 RECORDINGS, INC.; INTERSCOPE

RECORDS; EMI APRIL MUSIC,

22 INC.; HEADPHONE JUNKIE

PUBLISHING, LLC; WILL.I.AM.

23 MUSIC, LLC; JEEPNEY MUSIC,

INC.; TAB MAGNETIC

24 PUBLISHING; CHERRY RIVER

MUSIC CO.; SQUARE RIVOLI

25 PUBLISHING; RISTER EDITIONS;

and SHAPIRO, BERNSTEIN & CO.,

26

Defendants.

27
28

CH01DOCS154770.4

Case No. SACV10-1656 JST(RZx)
Hon. Josephine Staton Tucker
Courtroom 10A
DEFENDANT STACY FERGUSON
AND HEADPHONE JUNKIE
PUBLISHING, LLC
ANSWER AND AFFIRMATIVE
DEFENSES
Complaint Filed:
Trial Date:

October 28, 2010
Not Assigned

Defendants Stacy Ferguson and Headphone Junkie Publishing, LLC

1

2 (collectively “Defendant Ferguson”) present the following Answer and Defenses to
3 Plaintiff’s First Amended Complaint (“Complaint”):

INTRODUCTION

4
5 1.

Answering paragraph 1, Defendant Ferguson denies the allegations in this

6 paragraph.
7 2.

Answering paragraph 2, Defendant Ferguson 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 Ferguson lacks sufficient information to

11 admit or deny the allegations contained in paragraph 3, and on that basis denies each
12 and every such allegation.
13 4.

Answering paragraph 4, Defendant Ferguson denies the allegations in this

14 paragraph.
15 5.

Answering paragraph 5, Defendant Ferguson denies the allegations in this

16 paragraph.
17 6.

Answering paragraph 6, Defendant Ferguson admits that legitimate copyright

18 owners have rights defined by the law, but denies the remaining allegations of this
19 paragraph.

JURISDICTION AND VENUE

20
21 7.

Answering paragraph 7, Defendant Ferguson admits, on information and

22 belief, that this action appears to arise out of claims under the Copyright Act, and
23 that this Court would appear to have subject matter jurisdiction.

Defendant

24 Ferguson denies that the Complaint states a cause of action upon which relief can be
25 granted.
26 8.

Answering paragraph 8, Defendant Ferguson lacks sufficient information to

27 admit or deny the allegations contained in paragraph 8, and on that basis denies each
28 and every such allegation.
CH01DOCS154770.4

Defendant Ferguson does not dispute venue over
1
ANSWER

1 Defendant Ferguson.

GENERAL ALLEGATIONS

2
3 A.

Parties

4 9.

Answering paragraph 9, Defendant Ferguson lacks sufficient information to

5 admit or deny the allegations contained in paragraph 9, and on that basis denies each
6 and every such allegation.
7 10.

Answering paragraph 10, Defendant Ferguson admits the allegations of

8 paragraph 10.

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3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 11.

Answering paragraph 11, Defendant Ferguson admits the allegations of

10 paragraph 11.
11 12.

Answering paragraph 12, Defendant Ferguson admits the allegations of

12 paragraph 12.
13 13.

Answering paragraph 13, Defendant Ferguson admits the allegations of

14 paragraph 13.
15 14.

Answering paragraph 14, Defendant Ferguson 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 Ferguson

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 Ferguson admits that Frederic Riesterer

22 (“Riesterer”) is an individual song writer and music producer and, on information
23 and belief, denies that Riesterer lives in Los Angeles, California.

Defendant

24 Ferguson admits that Riesterer has co-written and co-produced one song of the
25 musical group known as The Black Eyed Peas. Other than these specific responses,
26 the remaining allegations of paragraph 15 are denied.
27 16.

Answering paragraph 16, Defendant Ferguson admits that UMG Recordings,

28 Inc. is a record label. Defendant Ferguson lacks sufficient information to admit or
CH01DOCS154770.4

2
ANSWER

1 deny the remaining allegations contained in paragraph 16, and on that basis denies
2 each and every such allegation.
3 17.

Answering paragraph 17, Defendant Ferguson admits, on information and

4 belief, that Interscope is a record label and is owned by Defendant UMG. Defendant
5 Ferguson admits that there is a contractual relationship between the musical group
6 known as The Black Eyed Peas and Interscope. Defendant Ferguson lacks sufficient
7 information to admit or deny the remaining allegations contained in paragraph 17,
8 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 Ferguson denies that “I Gotta Feeling” is

10 an infringing song. Defendant Ferguson admits, on information and belief, that EMI
11 April Music, Inc. is a music publishing company and that it has a relationship to the
12 song “I Gotta Feeling.” Defendant Ferguson lacks sufficient information to admit or
13 deny the remaining allegations contained in paragraph 18, and on that basis denies
14 each and every such allegation.
15 19.

Answering paragraph 19, Defendant Ferguson denies that “I Gotta Feeling” is

16 an infringing song. Defendant Ferguson admits that Headphone Junkie Publishing,
17 LLC is in part a music publishing designee and that it has a relationship to the song
18 “I Gotta Feeling.”

Defendant Ferguson lacks sufficient information to admit or

19 deny the remaining allegations contained in paragraph 19, and on that basis denies
20 each and every such allegation.
21 20.

Answering paragraph 20, Defendant Ferguson denies that “I Gotta Feeling” is

22 an infringing song. Defendant Ferguson admits that will.i.am music, llc (incorrectly
23 named in the Complaint as Will.I.Am Music, LLC) is, in part, a music publishing
24 designee of Defendant William Adams and that it has a relationship to the song “I
25 Gotta Feeling.” Defendant Ferguson denies that will.i.am music, llc is a California
26 Limited Liability Company but admit that its principle place of business is in Los
27 Angeles, California. The remaining allegations are denied.
28 21.

Answering paragraph 21, Defendant Ferguson denies that “I Gotta Feeling” is

CH01DOCS154770.4

3
ANSWER

1 an infringing song.

Defendant Ferguson admits, on information and belief, that

2 Jeepney Music, Inc. was, in part, a music publishing designee, that it had a
3 relationship to the song “I Gotta Feeling,” and, on information and belief, it had a
4 place of business in Los Angeles, California. Defendant Ferguson lacks sufficient
5 information to admit or deny the remaining allegations contained in paragraph 21,
6 and on that basis denies each and every such allegation.
7 22.

Answering paragraph 22, Defendant Ferguson denies that “I Gotta Feeling” is

8 an infringing song. Defendant Ferguson admits, on information and belief, that Tab

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 Magnetic Publishing is, in part, a music publishing designee, that it has a
10 relationship to the song “I Gotta Feeling,” and, on information and belief, it has a
11 place of business in Los Angeles California. Defendant Ferguson lacks sufficient
12 information to admit or deny the remaining allegations contained in paragraph 22,
13 and on that basis denies each and every such allegation.
14 23.

Answering paragraph 23, Defendant Ferguson denies that “I Gotta Feeling” is

15 an infringing song.

Defendant Ferguson admits, on information and belief, that

16 Cherry River Music Co. had a relationship to the song “I Gotta Feeling.” Defendant
17 Ferguson lacks sufficient information to admit or deny the remaining allegations
18 contained in paragraph 23, and on that basis denies each and every such allegation.
19 24.

Answering paragraph 24, Defendant Ferguson denies that “I Gotta Feeling” is

20 an infringing song.

Defendant Ferguson admits, on information and belief, that

21 Square Rivoli was a music publishing designee and that it had a relationship to the
22 song “I Gotta Feeling.” Defendant Ferguson lacks sufficient information to admit or
23 deny the remaining allegations contained in paragraph 24, and on that basis denies
24 each and every such allegation.
25
26
27
28
CH01DOCS154770.4

4
ANSWER

1 25.

Answering paragraph 25, Defendant Ferguson denies that “I Gotta Feeling” is

2 an infringing song.

Defendant Ferguson admits, on information and belief, that

3 Rister Editions is a music publishing designee and that it has a relationship to the
4 song “I Gotta Feeling.” Defendant Ferguson lacks sufficient information to admit or
5 deny the remaining allegations contained in paragraph 25, and on that basis denies
6 each and every such allegation.
7 26.

Answering paragraph 26, Defendant Ferguson denies that “I Gotta Feeling” is

8 an infringing song.

Defendant Ferguson admits, on information and belief, that

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 Shapiro, Bernstein & Co., Inc. is a music publishing company and that it has a
10 relationship to the song “I Gotta Feeling.”

Defendant Ferguson lacks sufficient

11 information to admit or deny the remaining allegations contained in paragraph 26,
12 and on that basis denies each and every such allegation.
13 B.

Plaintiff’s Creation and Protection of His Original Work

14 27.

Answering paragraph 27, Defendant Ferguson lacks sufficient information to

15 admit or deny the allegations contained in paragraph 27, and on that basis denies
16 each and every such allegation.
17 28.

Answering paragraph 28, Defendant Ferguson lacks sufficient information to

18 admit or deny the allegations contained in paragraph 28, and on that basis denies
19 each and every such allegation.
20 29.

Answering paragraph 29, Defendant Ferguson lacks sufficient information to

21 admit or deny the allegations contained in paragraph 29, and on that basis denies
22 each and every such allegation.
23 30.

Answering paragraph 30, Defendant Ferguson lacks sufficient information to

24 admit or deny the allegations contained in paragraph 30, and on that basis denies
25 each and every such allegation.
26 C.

Defendants’ Access to and Copying of Plaintiff’s Copyrighted Song “Take a

27

Dive”

28 31.

Answering paragraph 31, Defendant Ferguson lacks sufficient information to

CH01DOCS154770.4

5
ANSWER

1 admit or deny the allegations contained in paragraph 31, and on that basis denies
2 each and every such allegation.
3 32.

Answering paragraph 32, Defendant Ferguson lacks sufficient information to

4 admit or deny the allegations contained in paragraph 32, and on that basis denies
5 each and every such allegation.
6 33.

Answering paragraph 33, Defendant Ferguson lacks sufficient information to

7 admit or deny the allegations contained in paragraph 33, and on that basis denies
8 each and every such allegation.

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 34.

Answering paragraph 34, Defendant Ferguson lacks sufficient information to

10 admit or deny the allegations contained in paragraph 34, and on that basis denies
11 each and every such allegation.
12 35.

Answering paragraph 35, Defendant Ferguson lacks sufficient information to

13 admit or deny the allegations contained in paragraph 35, and on that basis denies
14 each and every such allegation.
15 36.

Answering paragraph 36, Defendant Ferguson lacks sufficient information to

16 admit or deny the allegations contained in paragraph 36, and on that basis denies
17 each and every such allegation.
18 37.

Answering paragraph 37, Defendant Ferguson denies the allegations in this

19 paragraph.
20 38.

Answering paragraph 38, Defendant Ferguson denies that any “authorization”

21 was required, and the remaining allegations are denied.
22 39.

Answering paragraph 39, Defendant Ferguson denies the allegations in this

23 paragraph.
24 D.

Substantial Similarity Between “Take a Dive” and “I Gotta Feeling”

25 40.

Answering paragraph 40, Defendant Ferguson denies the allegations in this

26 paragraph.
27 41.

Answering paragraph 41, Defendant Ferguson denies the allegations in this

28 paragraph.
CH01DOCS154770.4

6
ANSWER

1 42.

Answering paragraph 42, Defendant Ferguson denies the allegations in this

2 paragraph.
3 43.

Answering paragraph 43, Defendant Ferguson lacks sufficient information to

4 admit or deny the allegations contained in paragraph 43, and on that basis denies
5 each and every such allegation.
6 E.

The Aftermath of “I Gotta Feeling’s” Release

7 44.

Answering paragraph 44, Defendant Ferguson admits that I Gotta Feeling was

8 released in or around June 2009 and was the second single off of the group’s album

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3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 The E.N.D.
10 45.

Answering paragraph 45, Defendant Ferguson admits that I Gotta Feeling was

11 a success, and that recognition has been reflected in many ways, including those
12 identified in this paragraph.

Defendant Ferguson lacks sufficient information to

13 either admit or deny the accuracy of the characterizations of the events listed in this
14 paragraph, and therefore they are denied as stated.
15 46.

Answering paragraph 46, Defendant Ferguson denies the allegations in this

16 paragraph.
17 F.

Defendants’ Conspiracy to Engage in and Conduct a Pattern and Practice of

18

Ongoing Willful Copyright Infringement as to Others

19 47.

Answering paragraph 47, Defendant Ferguson denies the allegations in this

20 paragraph.
21 48.

Answering paragraph 48, Defendant Ferguson denies the allegations in this

22 paragraph.
23 49.

Answering paragraph 49, Defendant Ferguson denies the allegations in this

24 paragraph.
25 50.

Answering paragraph 50, Defendant Ferguson denies the allegations in this

26 paragraph.
27
28
CH01DOCS154770.4

7
ANSWER

1 51.

Answering paragraph 51, Defendant Ferguson denies the allegations in this

2 paragraph.
3 52.

Answering paragraph 52, Defendant Ferguson denies the allegations in this

4 paragraph.
5 53.

Answering paragraph 53, Defendant Ferguson denies the allegations in this

6 paragraph.
7 54.

Answering paragraph 54, Defendant Ferguson denies the allegations in this

8 paragraph, except that Defendant Ferguson admits that the song I Gotta Feeling is

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 and has been publically performed.
10 55.

Answering paragraph 55, Defendant Ferguson denies the allegations in this

11 paragraph.
12 56.

Answering paragraph 56, Defendant Ferguson denies the allegations in this

13 paragraph.
14 57.

Answering paragraph 57, Defendant Ferguson denies the allegations in this

15 paragraph.
16 58.

Answering paragraph 58, Defendant Ferguson denies the allegations in this

17 paragraph.
18 59.

Answering paragraph 59, Defendant Ferguson denies the allegations in this

19 paragraph.
20 60.

Answering paragraph 60, Defendant Ferguson denies the allegations in this

21 paragraph.
22

COUNT I

23

Copyright Infringement Against All Defendants

24 61.

Answering paragraph 61, Defendant Ferguson incorporates its answers and

25 responses to paragraphs 1-60 herein, as if fully restated herein.
26 62.

Answering paragraph 62, Defendant Ferguson denies the allegations in this

27 paragraph.
28 63.

Answering paragraph 63, Defendant Ferguson denies the allegations in this

CH01DOCS154770.4

8
ANSWER

1 paragraph.
2 64.

Answering paragraph 64, Defendant Ferguson denies the allegations in this

3 paragraph.
4 65.

Answering paragraph 65, Defendant Ferguson denies the allegations in this

5 paragraph.
6 66.

Answering paragraph 66, Defendant Ferguson denies the allegations in this

7 paragraph.
8 67.

Answering paragraph 67, Defendant Ferguson denies the allegations in this

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 paragraph.
10 68.

Answering paragraph 68, Defendant Ferguson denies the allegations in this

11 paragraph.
12 69.

Answering paragraph 69, Defendant Ferguson denies the allegations in this

13 paragraph.

GENERAL RESPONSE

14

Answering generally to all paragraphs of the Complaint, unless specifically

15

16 and expressly admitted, all allegations are denied.

Answering generally to the request for relief, Defendant Ferguson denies that

17

18 the Complaint states a claim upon which relief should be granted, and Defendant
19 Ferguson denies that Plaintiff is entitled to the relief requested. Defendant Ferguson
20 respectfully requests that the Complaint be dismissed with prejudice, and that
21 Plaintiff’s request for relief be denied, and for an award of its attorneys fees and
22 costs.
23

AFFIRMATIVE DEFENSES

24

FIRST DEFENSE

25

(Failure to State A Claim)

26

1.

The Complaint and all claims for relief alleged therein fail to state a

27 claim against Defendant upon which relief can be granted.

SECOND DEFENSE

28
CH01DOCS154770.4

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ANSWER

(Laches)

1
2

2.

The Complaint is barred in whole or in part by laches.

3

THIRD DEFENSE

4

(Failure to Mitigate)

5

3.

Plaintiff has failed to mitigate and lessen damages, if any it sustained,

6 as required by law, and is barred from recovery by reason thereof against Defendant.
7

FOURTH DEFENSE

8

(17 U.S.C. § 411)

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9

4.

Plaintiff has failed to register the alleged copyrighted materials and,

10 therefore, is precluded from bringing a claim for copyright infringement pursuant to
11 17 U.S.C. § 411.
12

FIFTH DEFENSE

13

(17 U.S.C. § 412)

14

5.

Plaintiff has failed to timely register the alleged copyrighted materials

15 and, therefore, is precluded from bringing a claim for statutory damages and
16 attorneys’ fees pursuant to 17 U.S.C. § 412.
17

SIXTH DEFENSE

18

(Implied License)

19

6.

Plaintiff’s claim and the relief requested is barred based on implied

20 license.
21

SEVENTH DEFENSE

22

(17 U.S.C. § 409)

23

7.

Plaintiff’s claim and the relief requested is barred based on Plaintiff’s

24 failure to comply with 17 U.S.C. § 409.
25

EIGHTH DEFENSE

26

(17 U.S.C. §301)

27

8.

Plaintiff’s allegations are barred by preemption 17 U.S.C. § 301.
NINTH DEFENSE

28
CH01DOCS154770.4

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ANSWER

(Unclean Hands)

1

9.

2

Plaintiff’s claim and the relief requested is barred based on Plaintiff’s

3 unclean hands.
4

TENTH DEFENSE

5

(Unjust Enrichment)
10.

6

Plaintiff’s relief requested is barred as a result of unjust enrichment.

7

ELEVENTH DEFENSE

8

(Set Off)
11.

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3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9

Plaintiff’s relief requested is barred as a result off set. Any amount

10 sought to be recovered in this action is barred in whole or in part by the amount
11 owing from Plaintiff to Defendant.
12

TWELFTH DEFENSE

13

(Copyright Misuse)
12.

14

Plaintiff’s copyright is unenforceable because he has committed

15 copyright misuse in one or more of the following ways:
16 •

Plaintiff is asserting copyright rights beyond its scope.

17 •

Plaintiff is asserting copyright ownership in unprotectable elements.

18 •

Plaintiff is asserting copyright ownership in portions of the work that are

19 unoriginal to Plaintiff.
20 •

Plaintiff is asserting copying based upon similarities known to exist in

21 musical works which predate Plaintiff’s works.
22 •

Plaintiff is asserting copying based upon similarities that are not

23 copyrightable.
24 •

Plaintiff is asserting copying based upon similarities that are music

25 commonplaces.
26 •

Plaintiff is asserting copying based upon similarities between works that are

27 not original to Plaintiff.

THIRTEENTH DEFENSE

28
CH01DOCS154770.4

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ANSWER

(Waiver)

1
2

13.

Plaintiff’s claims and relief requested are barred by the doctrine of

3 waiver.
4

FOURTEENTH DEFENSE

5

(Acquiescence)

6

14.

Plaintiff’s claims and relief requested are barred by the doctrine of

7 acquiescence.

FIFTEENTH DEFENSE

9
Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

8

(Estoppel)

10

15.

Plaintiff’s claims and relief requested are barred by estoppel.

11

SIXTEENTH DEFENSE

12

(Speculative Damages)

13

16.

The damages alleged in Plaintiff’s Complaint are impermissibly remote

14 and speculative, and therefore, Plaintiff is barred from the recovery of any such
15 damages against Defendant.
16

SEVENTEENTH DEFENSE

17

(Fraud on the U.S. Copyright Office)

18

17.

Plaintiff’s claims and relief requested are barred because the copyrights

19 claimed by Plaintiff were obtained fraudulently from the Copyright Office.
20

EIGHTEENTH DEFENSE

21

(Unenforceability)

22

18.

Plaintiff’s claims and relief requested are barred because the

23 registrations referenced in the Complaint are unenforceable.
24

NINETEENTH DEFENSE

25

(Invalidity)

26

19.

Plaintiff’s claims and relief requested are barred because the

27 registrations referenced in the Complaint are invalid.

RESERVATION OF RIGHTS

28
CH01DOCS154770.4

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ANSWER

1

Defendant Ferguson reserves the right, upon completion of its investigation

2 and discovery, to file such additional defenses and/or counterclaims as may be
3 appropriate.
4

WHEREFORE, having fully answered Plaintiff’s Complaint, Defendant

5 Ferguson prays for judgment against Plaintiff and awarding Defendant Ferguson its
6 costs, interest, reasonable attorneys’ fees, together with such other and further relief
7 as the Court may deem proper.
8

Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

9 Dated: February 10, 2011
10
11
12

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
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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CH01DOCS154770.4

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ANSWER

JURY DEMAND

1
2

Defendants Stacy Ferguson and Headphone Junkie Publishing, LLC demand

3 a jury trial.
4
5 Dated: February 10, 2011
6
7
8

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.

9
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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CH01DOCS154770.4

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ANSWER