Bryan Pringle v. William Adams Jr et al

Filing 161

DECLARATION of Tal Dickstein In Support of MOTION for Summary Judgment 159 filed by Defendants David Guetta, Frederick Riesterer, Shapiro Bernstein and Co. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Miller, Donald)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Dean A. Dickie (appearing Pro Hac Vice)
[e-mail]
Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
[e-mail]
Katharine N. Dunn (appearing Pro Hac Vice)
[e-mail]
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
225 West Washington Street, Suite 2600
Chicago, IL 60606
Telephone: [phone]
Facsimile: 312.460.4288
Ira Gould (appearing Pro Hac Vice)
[e-mail]
Ryan L. Greely (appearing Pro Hac Vice)
[e-mail]
GOULD LAW GROUP
120 North LaSalle Street, Suite 2750
Chicago, IL 60602
Telephone: [phone]
Facsimile: 312.726.1328
George L. Hampton IV (State Bar No. 144433)
[e-mail]
Colin C. Holley (State Bar No. 191999)
[e-mail]
HAMPTONHOLLEY LLP
2101 East Coast Highway, Suite 260
Corona del Mar, California 92625
Telephone: [phone]
Facsimile: 949.718.4580
Attorneys for Plaintiff
BRYAN PRINGLE

19

UNITED STATES DISTRICT COURT

20

CENTRAL DISTRICT OF CALIFORNIA

21

SOUTHERN DIVISION

22 BRYAN PRINGLE, an individual,

Case No. SACV 10-1656 JST(RZx)

23

PLAINTIFF’S AMENDED
RESPONSE TO DEFENDANT
STACY FERGUSON’S FIRST SET
OF INTERROGATORIES

24
25
26
27
28

)
)
Plaintiff,
)
)
v.
)
)
WILLIAM ADAMS, JR.; STACY
)
FERGUSON; ALLAN PINEDA; and
)
JAIME GOMEZ, all individually and
)
collectively as the music group The Black )
Eyed Peas, et al.,
)
)
Defendants.
)
)

Complaint Filed: October 28, 2010
Trial Date:
January 24, 2012

1

ANSWER: See answer and objections to Interrogatory No. 12.

2

Investigation continues.

3
4
5
6
7

INTERROGATORY NO. 15: State all FACTS that evidence that any of the
DEFENDANTS actually copied the MUSICAL COMPOSITION, TAKE A DIVE
(DANCE VERSION), when creating the MUSICAL COMPOSITION entitled "I
Gotta Feeling."

8

ANSWER: See answer and objections to Interrogatory No. 13.

9

Investigation continues.

10 INTERROGATORY NO. 16: State all FACTS that YOU contend demonstrate
11 that any of the DEFENDANTS had ACCESS to TAKE A DIVE (DANCE
12 VERSION) SR prior to 2009. The term "ACCESS" as used herein means to have
13

actually heard, or had a reasonable opportunity or possibility to hear, the SOUND

14

RECORDING at issue.

15
16
17

ANSWER: See answer and objections to Interrogatory No. 8.
Investigation continues.

18 INTERROGATORY NO. 17: List in seriatim and in full and explicit terms, each
19 similarity YOU perceive to exist between TAKE A DIVE (DANCE VERSION) SR
20 and "I Gotta Feeling."
21
22

ANSWER: See answer and objections to Interrogatory No. 13.
Investigation continues.

23
24 INTERROGATORY NO. 18: State all FACTS that any of the DEFENDANTS
25 physically appropriated any portion of TAKE A DIVE (DANCE VERSION) SR
26 when creating "I Gotta Feeling."
27

ANSWER: Objection.

28

because it is overly broad, unduly burdensome and requires the

Plaintiff objects to Interrogatory No. 18
9

1

disclosure of attorney work product and attorney client privileged

2

information. Without waiving said objections, Plaintiff is not seeking to

3

recover for a physical appropriation of Take a Dive (Dance Version) at

4

this time in light of the Defendants ongoing and willful refusal to

5

disclose the evidence required to establish sampling. Plaintiff reserves

6

the right to seek recovery for physical appropriation of Take a Dive

7

should Defendants produce evidence of said appropriation; investigation

8

continues.

9
10
11
12
13
14

INTERROGATORY NO. 19: State with specificity, and according to YOUR
personal knowledge, each and every PUBLIC PERFORMANCE, throughout the
world, of the MUSICAL COMPOSITION, TAKE A DIVE (DANCE VERSION),
including FACTS concerning when, where, by what means, and by whom the work
was performed.

15

ANSWER: Objection. Plaintiff objects to interrogatory No. 19 because

16

it is unduly burdensome. Without waiving his objection, TAKE A DIVE

17

(DANCE VERSION) was played throughout North America and

18

Western Europe on the internet and the radio. Investigation continues.

19
20
21
22
23
24
25
26
27
28

INTERROGATORY NO. 20: State with specificity, and according to YOUR
personal knowledge, each and every DISTRIBUTION, throughout the world, of the
MUSICAL COMPOSITION, TAKE A DIVE (DANCE VERSION), including
FACTS concerning when, where, by what means, by whom, and to whom the work
was distributed.
ANSWER: Objection. Plaintiff objects to Interrogatory No. 20 because
it is vague, overly broad and unduly burdensome. Without waiving his
objection, from around 1999 through 2006, Plaintiff submitted hundreds
of demo cd’s and tapes, all of which included “Take a Dive (Dance
10

1

ANSWER: See answer and objections to Interrogatory No. 21 and 22.

2

Investigation continues.

3
4
5
6
7

INTERROGATORY NO. 25: If other adaptations exist beyond TAKE A DIVE
(DANCE VERSION) of the MUSICAL COMPOSITION entitled TAKE A DIVE
that YOU claim were created prior to 2009 and YOU claim are relevant to this
lawsuit, please list all such adaptations.

8

ANSWER: Objection. Plaintiff objects to Interrogatory No. 25 because

9

it is vague and overly broad. Without waiving his objection, Plaintiff

10

states that there were multiple derivative versions of “Take a Dive” that

11

were included on Plaintiffs’ demo cds and tapes, including several

12

where the guitar twang sequence was soloed out as the introduction of

13

the song. Plaintiff also states that the MUSICAL COMPOSITION is

14

based at least in part, on Plaintiff’s song copyrighted songs “Faith” and

15

“Faith Re-mix.” Investigation continues.

16 Dated: November 7, 2011
17
18
19
20
21
22

Dean A. Dickie (appearing Pro Hac Vice)
Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
Katharine N. Dunn (appearing Pro Hac Vice)
MILLER, CANFIELD, PADDOCK AND STONE,
P.L.C.
Ira Gould (appearing Pro Hac Vice)
Ryan L. Greely (appearing Pro Hac Vice)
GOULD LAW GROUP
George L. Hampton IV (State Bar No. 144433)
Colin C. Holley (State Bar No. 191999)
HAMPTONHOLLEY LLP

23
24
25

By:

Attorneys for Plaintiff Bryan Pringle

26
27
28
13

▪

1
2
3

VERIFICATION

4 I, Bryan Pringle, state that I have knowledge of the foregoing events, and that the
5 answers made to Defendant Ferguson's First Set of Interrogatories are true and
correct.
6

I declare the foregoing to be true under penalty of perjury.

7
8
9
10 November 1'
11
0

12

is•
•
•

VI
•

Fr4

▪ •0

o .;;
Z..• :;
_

El 0
po IJ

13
14
15

o

16

X

N

17
18
19
20
21
22
23
24
25
26
27
28

Bryan Pringle

1
2
3

PROOF OF SERVICE

4

I am employed in the County of Cook, State of Illinois. I am over the age of
5 18 and not a party to the within action. My business address is 225 West
Washington Street, Suite 2600, Chicago, Illinois 60606.
6
On this date, I served the foregoing PLAINTIFF’S AMENDED RESPONSE
DEFENDANT
STACY
FERGUSON’S
FIRST
SET
OF
7 TO
INTERROGATORIES on all interested parties in this action listed on the attached
8 Service List as follows:
(BY MAIL) - I am “readily familiar” with the firm’s practice of
collection and processing correspondence for mailing. Under that practice it would
10 be deposited with the U.S. Postal Service on the same day with postage thereon fully
prepaid at Chicago, Illinois in the ordinary course of business. I am aware that on
11 motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing on affidavit.
12
(BY FACSIMILE) - By transmitting a true copy thereof by facsimile
13 from facsimile number 312.460-4201 to the facsimile number(s) shown on the
attached Service List, for which electronic confirmation was received from the
14 facsimile machine that said document was successfully transmitted without error.
9

(BY OVERNIGHT DELIVERY) - By depositing the above
document(s) in a box or other facility regularly maintained by FedEx in an envelope
16 or package designated by FedEx with delivery fees paid.
15

(BY EMAIL) - By causing a true copy of the document(s) to be served
by electronic mail transmission at the time shown on each transmission, to each
18 interested party at the email address shown on the attached Service List. Each
transmission was reported as complete and without error.
19
(State) I declare under penalty of perjury under the laws of the state of
20 California that the foregoing is true and correct.
17

21
22
23

(Federal) I declare under penalty of perjury under the laws of the United
States that the foregoing is true and correct.
Executed on November 7, 2011, at Chicago, Illinois.

24
25
26

Irina V. Frye

27
28
15

1
2

Service List
Bryan Pringle v. William Adams, Jr. et al.
Case Number: 8:10-cv-01656-JST –RZ

3

Counsel for Defendants: William Adams, Jr., Allan Pineda, Jaime Gomez,
4 Will.I.Am Music, LLC, Jeepney Music, Inc., Tab Magnetic Publishing, Cherry
River Music Co., EMI April Music, Inc., and Headphone Junkie Publishing, LLC
5
Kara E. F. Cenar, Esq.
Jonathan S Pink, Esq.
Mariangela Seale, Esq.
Bryan Cave LLP
6
Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, CA 92612-4414
7 161 North Clark Street, Suite 4300
Chicago, IL 60601
949-223-7000
Fax: [phone]
8 312-602-5000
Fax: [phone]
Email: [e-mail]
9 Email: [e-mail]
Email: [e-mail]
10
11
12

Counsel for Defendant Shapiro Bernstein and Co.

Donald A Miller, Esq.
13 Karen R Thorland, Esq.
Loeb and Loeb LLP
14 10100 Santa Monica Boulevard Suite
2200
15 Los Angeles, CA 90067
310-282-2000
16 Fax: [phone]
Email: [e-mail]
17 Email: [e-mail]

Barry I Slotnick, Esq.
Tal Efriam Dickstein, Esq.
Loeb and Loeb LLP
345 Park Avenue
New York, NY 10154-1895
212-407-4000
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

18
19 Counsel for Defendants: UMG Recordings, Inc., Interscope Records
20 Linda M. Burrow, Esq.
Heather L. Pearson, Esq.
21 Caldwell Leslie and Proctor PC
1000 Wilshire Boulevard, Suite 600
22 Los Angeles, CA 90017
213-629-9040
23 Fax: [phone]
Email: [e-mail]
24 Email: [e-mail]
25
26
27
28