Bryan Pringle v. William Adams Jr et al

Filing 157

JOINT STIPULATION to MOTION to Compel Supplemental Responses to Interrogatories and for Monetary Sanctions 156 filed by Defendants Cherry River Music Co, EMI April Music Inc, Stacy Ferguson, Jaime Gomez, Headphone Junkie Publishing LLC, Jeepney Music Inc, William Adams Jr, Allan Pineda, Tab Magnetic Publishing, Will.I.Am Music LLC. (Attachments: # 1 Declaration of Jonathan Pink, # 2 Exhibit 1-10 to Pink Decl, # 3 Declaration of Dean Dickie, # 4 Exhibit A-H to Dickie Decl)(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; and JAIME GOMEZ, all individually and collectively as the music

11 group THE BLACK EYED PEAS; will.i.am music, llc; TAB MAGNETIC

PUBLISHING; CHERRY RIVER MUSIC CO.; HEADPHONE JUNKIE

12 PUBLISHING, LLC; JEEPNEY MUSIC, INC.; 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

Case No. SACV10-1656 JST (RZx)
Hon. Ralph Zarefsky
Courtroom 540

18 WILLIAM ADAMS, JR.; STACY

[DISCOVERY MATTER]

19 JAIME GOMEZ, all individually and

DECLARATION OF JONATHAN S.
PINK IN SUPPORT OF
DEFENDANTS’ MOTION TO
COMPEL SUPPLEMENTAL
RESPONSES BY PLAINTIFF
BRYAN PRINGLE TO
INTERROGATORIES AND FOR
MONETARY SANCTIONS

FERGUSON; ALLAN PINEDA; 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.

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Date:
January 23, 2012
Time:
10:00 a.m.
Courtroom: 540
Disc. Cut-Off:
Pretrial Conf.:
Trial Date:

November 14, 2011
February 13, 2012
February 28, 2012

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IR01DOCS516167.2

DECLARATION OF JONATHAN S. PINK

DECLARATION OF JONATHAN S. PINK

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I, Jonathan S. Pink, declare:

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1.

I am an attorney duly licensed to practice law before the courts of the

4 State of California and all federal courts in the State of California. I am an attorney
5 with the law firm of Bryan Cave LLP, counsel of record for Defendants WILLIAM
6 ADAMS; STACY FERGUSON; ALLAN PINEDA; and JAIME GOMEZ, all
7 individually and collectively as the music group THE BLACK EYED PEAS;
8 will.i.am music, llc; TAB MAGNETIC PUBLISHING; CHERRY RIVER MUSIC

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

9 CO.; HEADPHONE JUNKIE PUBLISHING, LCC; JEEPNEY MUSIC, INC.; and
10 EMI APRIL MUSIC, INC. (“Defendants”). I have personal knowledge of the
11 matters set forth in this Declaration and, if called upon to testify regarding such
12 matters, I could and would competently do so.
13

2.

This action involves a single count of copyright infringement. Plaintiff

14 Bryan Pringle (“Plaintiff”), an unknown artist, contends Defendants conspired to
15 steal a guitar twang sequence from Plaintiff’s work “Take A Dive,” and featured it
16 in the song, “I Gotta Feeling,” recorded and released by The Black Eyed Peas and
17 co-produced by defendants David Guetta and Frederic Riesterer.
18

3.

Central to the case are issues involving Plaintiff’s ownership of a valid

19 copyright, who created that guitar twang sequence, when and how it was created,
20 whether it was original to Plaintiff (or as Defendants’ believe, Plaintiff copied that
21 isolated element from Defendants and slapped it into a subsequently created version
22 of Plaintiff’s song), and Plaintiff’s access to Defendants’ work.
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4.

On July 24, 2010, in anticipation of litigation and following cease and

24 desist letters from Plaintiff, Defendants’ counsel sent a letter to Plaintiff’s counsel
25 requesting preservation of evidence, including Plaintiff’s computer files. Attached
26 hereto as Exhibit “1” is a true and correct copy of the July 24, 2010 letter sent to
27 Plaintiff’s counsel.
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5.
IR01DOCS516167.2

On December 12, 2010 this Court issued an order setting the
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DECLARATION OF JONATHAN S. PINK

1 scheduling conference for March 7, 2011. Included within that order was a directive
2 to the parties to meet and confer on numerous issues, including a discovery plan.
3 Attached hereto as Exhibit “2” is a true and correct copy of the Order issued by this
4 Court on December 15, 2010.
5

6.

In preparation for the Joint Rule 26 Report, Defendants attempted to

6 work with Plaintiff to create a discovery plan. However, Plaintiff refused to fully
7 identify Plaintiff’s electronically stored information (“ESI”).
8

7.

On February 18, 2011, the parties submitted their Joint Rule 26 Report.

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

9 In that report, Defendants reported Plaintiff’s refusal to engage in a meaningful
10 discussion of the nature and extent of Plaintiff’s ESI. Attached hereto as Exhibit
11 “3” is a true and correct copy of the Joint Rule 26 Report.
12

8.

On February 24, 2011 the Court issued its Scheduling Order. Per the

13 parties’ request, on October 26, 2011, the Court modified the order by continuing
14 the expert discovery cutoff dates. The Scheduling Order and its amendment are
15 attached hereto as Exhibit “4.”
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9.

On March 14, 2011, Stacy Ferguson propounded her First Set of

17 Interrogatories on Plaintiff. Attached hereto as Exhibit “5” is a true and correct
18 copy of Stacy Ferguson’s First Set of Interrogatories.
19

10.

On April 13, 2011, Plaintiff responded to Stacy Ferguson’s First Set of

20 Interrogatories. Attached hereto as Exhibit “6” is a true and correct copy of
21 Plaintiff’s responses to Stacy Ferguson’s First Set of Interrogatories.
22

11.

On August 24, 2011, Defendants took Plaintiff’s deposition and learned

23 for the first time that Plaintiff had discarded a critical piece of evidence that
24 Defendants’ believe would establish the fraudulent nature of his copyright claim.
25 Specifically, Plaintiff admitted that in the middle of the litigation he knowingly
26 disposed of a hard drive that contained files directly relevant to the issues of
27 Plaintiff’s alleged creation and Defendants’ contention that Plaintiff has copied from
28 The Black Eyed Peas and attempted to fabricate a claim to the contrary. Instead of
IR01DOCS516167.2

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DECLARATION OF JONATHAN S. PINK

1 backing up the entire hard drive, or providing notice to and an opportunity for
2 Defendants to examine the contents thereof, Plaintiff claims to have dumped that
3 critical hard drive in a landfill. Attached hereto as Exhibit “7” are true and correct
4 copies of excerpts of Plaintiff’s deposition.

12.

5

On August 30, 2011, Defendant Headphone Junkie Publishing, LLC

6 propounded its First Set of Interrogatories on him. Attached hereto as Exhibit “8”
7 is a true and correct copy of Headphone Junkie Publishing, LLC’s First Set of
8 Interrogatories on Plaintiff.

13.

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

9

On October 3, 2011, Plaintiff served his responses and objections to

10 Headphone Junkie Publishing, LLC’s First Set of Interrogatories. Attached hereto
11 as Exhibit “9” is a true and correct copy of Plaintiff’s Responses to Headphone
12 Junkie Publishing, LLC’s First Set of Interrogatories.

14.

13

On November 7, 2011, Plaintiff served Amended Responses to Stacy

14 Ferguson’s First Set of Interrogatories. Attached hereto as Exhibit “10” are
15 Plaintiff’s amended responses.

15.

16

Following receipt of Plaintiff’s Responses to Stacy Ferguson’s First Set

17 of Interrogatories and Plaintiff’s responses to Headphone Junkie Publishing, LLC’s
18 First Set of Interrogatories, I, along with co-counsel Kara Cenar, met and conferred
19 with Plaintiff’s counsel on numerous occasions regarding the objections and
20 deficient responses. Despite requests for a privilege log in support of the privilege
21 objections, Plaintiff has failed to provide one. The parties have also been unable to
22 resolve the dispute.
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DECLARATION OF JONATHAN S. PINK

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16.

Defendants’ have spent in excess of $15,000.00 to bring this Motion.

2

I declare under penalty of perjury under the laws of the State of California

3 and the United States of America that the foregoing is true and correct.
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Executed this 16th day of November, 2011, at Irvine, California.

5

___/s/ Jonathan Pink______________
Jonathan S. Pink

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

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DECLARATION OF JONATHAN S. PINK