Bryan Pringle v. William Adams Jr et al

Filing 197

DECLARATION of Dean A. Dickie in Opposition to MOTION for Summary Judgment 159 filed by Plaintiff Bryan Pringle. (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 N)(Holley, Colin)

1 Dean A. Dickie (appearing Pro Hac Vice)
[e-mail]
2 Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
[e-mail]
3 MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
225 West Washington Street, Suite 2600
4 Chicago, IL 60606
Telephone: [phone]
5 Facsimile: 312.460.4288

LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

6 George L. Hampton IV (State Bar No. 144433)
[e-mail]
7 Colin C. Holley (State Bar No. 191999)
[e-mail]
8 HAMPTONHOLLEY LLP
2101 East Coast Highway, Suite 260
9 Corona del Mar, California 92625
Telephone: [phone]
10 Facsimile: 949.718.4580
11 Attorneys for Plaintiff
BRYAN PRINGLE
12
13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15

SOUTHERN DIVISION
)
)
)
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.
)

16 BRYAN PRINGLE, an individual,

Case No. SACV 10-1656 JST(RZx)

17

DECLARATION OF DEAN A.
DICKIE IN OPPOSITION TO
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT

18
19
20
21
22
23
24
25
26
27
28

DATE: January 30, 2012
TIME: 10:00 a.m.
CTRM: 10A

1

1.

I am a partner at the law firm of Miller, Canfield, Paddock and Stone,

2 P.L.C. (“Miller Canfield”) and am lead counsel for Plaintiff, Bryan Pringle
3 (“Plaintiff” or “Pringle”) in the above-captioned action. I am a member in good
4 standing of the State Bar of Illinois.
5

2.

Portions of the transcript of the deposition of plaintiff Bryan Pringle in

6 taken this action on August 24, 2011 are attached to this Declaration as Exhibit “A.”
7

3.

Portions of the transcript of the deposition of defendant David Guetta

8 taken in this action on September 26, 2011 are attached to this Declaration as Exhibit
9 “B.”
10

4.

Portions of the transcript of the deposition of defendant Frederick

LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

11 Riesterer taken in this action on June 23, 2011 are attached to this Declaration as
12 Exhibit “C.”
13

5.

Portions of the transcript of the deposition of defendant William Adams,

14 Jr. taken in this action on July 25, 2011 are attached to this Declaration as Exhibit
15 “D.”
16

6.

Portions of the transcript of the deposition of Erik Laykin taken in this

17 action on December 7, 2011 are attached to this Declaration as Exhibit “E.”
18

7.

Portions of the transcript of the deposition of Paul Geluso taken in this

19 action on December 16, 2011 are attached to this Declaration as Exhibit “F.”
20

8.

Portions of the transcript of the deposition of Jaime Gomez taken in this

21 action on July 22, 2011 are attached to this Declaration as Exhibit “G.”
22

9.

Portions of the transcript of the deposition of Allan Pineda taken in this

23 action on July 26, 2011 are attached to this Declaration as Exhibit “H.”
24

10.

Attached as Exhibit “I” to this Declaration a true and correct copy of

25 each of the Initial Rule 26 Disclosures made by each of the Defendants in this action.
26

11.

Attached as Exhibit “J” to this Declaration a true and correct copy of the

27 email exchange with Tal Dickstein dated August 17, 2011.
28
1

1

12.

Attached as Exhibit “K” to this Declaration a true and correct copy of

2 the December 9, 2011 letter to the Copyright Office with supporting attachments.
3

13.

Attached as Exhibit “L” to this Declaration is a true and correct copy of

4 an email dated February 6, 2009, which was identified as Exhibit 41 to the deposition
5 of David Guetta.
6

14.

Attached as Exhibit “M” to this Declaration is a certified copy of the

7 Certificate of Registration for Copyright No. SRu 387-433 issued to Bryan Pringle
8 on April 29, 1998 for the compilation of songs entitled Dead Beat Club: 1998, which
9 includes the song “Take a Dive.”
10

15.

Portions of the transcript of the deposition of Stacy Ferguson taken in

LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

11 this action on July 27, 2011 are attached to this Declaration as Exhibit “N.”
12

I declare under penalty of perjury under the laws of the United States that the

13 statements contained in this Declaration are true and correct. Executed this 19th day
14 of December, 2011, at Chicago, Illinois.
15
16
17

Dean A. Dickie

18
19
20
21
22
23
24
25
26
27
28
2

EXHIBIT M
(CERTIFIED COPYRIGHT REGISTRATION CERTIFICATE)
FILED MANUALLY

1
2
3
4
5

CERTIFICATE OF SERVICE
On December 19, 2011, I electronically filed the foregoing DECLARATION
OF DEAN A. DICKIE IN OPPOSITION TO DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT using the CM/ECF system which will send notification of
such filing to the following registered CM/ECF Users:

Barry I. Slotnick
[e-mail]
6 Donald A. Miller
[e-mail], [e-mail]
[e-mail]
7 Ira P. Gould
Tal Efriam Dickstein
[e-mail]
8
Linda M. Burrow
[e-mail], [e-mail],
[e-mail], [e-mail]
9
Ryan Christopher Williams [e-mail]
10
Kara E. F. Cenar
[e-mail]
[e-mail]
11 Ryan L. Greely
Robert C. Levels
[e-mail]
12
Kathleen E. Koppenhoefer [e-mail]
13 Rachel Aleeza Rappaport [e-mail]
Jonathan S. Pink [e-mail], [e-mail]
14
Dean A. Dickie
[e-mail], [e-mail],
15
[e-mail], [e-mail],
[e-mail], [e-mail]
16
Edwin F. McPherson
[e-mail],
17
[e-mail]
Joseph G. Vernon
[e-mail]
18
Justin Michael Righettini [e-mail]
19 Tracy B. Rane
[e-mail]
20
21
22
23
24

I am unaware of any attorneys of record in this action who are not registered
for the CM/ECF system or who did not consent to electronic service.
I certify under penalty of perjury under the laws of the United States of
America that the foregoing statements are true and correct.
Dated: December 19, 2011

/s/Colin C. Holley

25
26
27
28

George L. Hampton IV (State Bar No. 144433)
Colin C. Holley (State Bar No. 191999)
HAMPTONHOLLEY LLP
2101 East Coast Highway, Suite 260
Corona del Mar, California 92625
Telephone: [phone]
Facsimile: 949.718.4580