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)

EXHIBIT I

1 DONALD A. MILLER (SBN 228753)
[e-mail]
2 BARRY I. SLOTNICK (Pro Hac Vice)
[e-mail]
3 TAL E. DICKSTEIN (Pro Hac Vice)
[e-mail]
4 LOEB & LOEB LLP
10100 Santa Monica Boulevard, Suite 2200
5 Los Angeles, California 90067-4120
Telephone: [phone]
6 Facsimile: 310-282-2200
7 Attorneys for Defendants SHAPIRO,
BERNSTEIN & CO., INC. (incorrectly
8 sued as Shapiro, Bernstein & Co.); and
DAVID GUETTA
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION
BRYAN PRINGLE, an individual,
Plaintiff,
v.

WILLIAM ADAMS, JR.; STACY
17 FERGUSON; ALLAN PINEDA; and
JAIME GOMEZ, all individually and
18 collectively as the music group The
Black Eyed Peas, et al.,
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Defendants.
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Case No. SACV 10-1656 JST(RZx)
Hon. Josephine Staton Tucker
Courtroom 10A
DEFENDANTS SHAPIRO,
BERNSTEIN & CO., INC.’S AND
DAVID GUETTA’S
SUPPLEMENTAL INITIAL
DISCLOSURES PURSUANT TO
RULE 26(A)(1)

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NY987706.1
217131-10001

SHAPIRO BERNSTEIN’S AND DAVID
GUETTA’S SUPPLEMENTAL DISCLOSURES

Defendants Shapiro, Bernstein & Co., Inc. (“Shapiro Bernstein”) and David

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2 Guetta (“Guetta”), by and through their undersigned counsel, Loeb & Loeb LLP,
3 make the following initial disclosures pursuant to Federal Rule of Civil Procedure
4 26(a)(1)(A).
5 I.

Introductory Statement

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The following disclosures are based upon the information reasonably

7 available to Shapiro Bernstein and Guetta as of this date. Shapiro Bernstein and
8 Guetta’s disclosures represent a good faith effort to identify information and
9 documents called for by Rule 26(a)(1)(A). By making these disclosures, Shapiro
10 Bernstein and Guetta do not represent that they are identifying every document,
11 electronically stored information, tangible thing or witness possibly relevant to this
12 action, including such documents, electronically stored information or tangible
13 things that may be in the possession, custody or control of other parties or non14 parties. Shapiro Bernstein and Guetta reserve the right to amend or supplement
15 these initial disclosures as provided by the Federal Rules of Civil Procedure.
16 II.

Initial Disclosures

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1.

Pursuant to Rule 26(a)(1)(A)(i), Shapiro Bernstein and Guetta identify

18 the following individuals who are likely to have discoverable information that may
19 be used to support their claims or defenses, unless solely for impeachment:
a. Bryan Pringle – likely has knowledge or information regarding: (i)

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the alleged creation of the original and/or derivative versions of “Take a

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Dive,” (ii) the alleged distribution and/or publication of the original and/or

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derivative versions of “Take a Dive,” (iii) his communications and

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correspondence, if any, with the Defendants, (iv) his dealings with the United

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States Copyright Office, including any dealings related to the alleged

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registration of the original and/or derivative versions of “Take a Dive.”

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NY987706.1
217131-10001

SHAPIRO BERNSTEIN’S AND DAVID
GUETTA’S SUPPLEMENTAL DISCLOSURES

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b. David Guetta – likely has knowledge or information regarding the

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creation of the musical composition and/or sound recording of the song “I

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Gotta Feeling.”

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c. Frederic Riesterer – likely has knowledge or information regarding

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the creation of the musical composition and/or sound recording of the song “I

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Gotta Feeling.”
d. Jean-Charles Carre – likely has knowledge of Guetta’s expenses

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deductible from any revenues attributable to “I Gotta Feeling”

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e. Michael Brettler – likely has knowledge of Shapiro Bernstein’s

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expenses deductible from any revenues attributable to “I Gotta Feeling.”
f. All persons identified by Plaintiff and/or other Defendants as likely

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to have discoverable information.

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Shapiro Bernstein and Guetta reserve the right to rely upon, at any time,

14 including trial, any individual, and any category of information known to any
15 individual, that they discover as a result of their continuing investigation of the
16 claims and defenses in this action, or that was omitted from this disclosure by
17 inadvertence or otherwise.
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2.

Pursuant to Rule 26(a)(1)(A)(ii), Shapiro Bernstein and Guetta state

19 that, other that solely for impeachment, they may use the documents, electronically
20 stored information, and/or tangible things that have been produced in discovery in
21 this action to support their claims or defenses.
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Shapiro Bernstein and Guetta reserve the right to rely upon any documents,

23 electronically stored information or tangible things that they discovery as a result of
24 their continuing investigation of the claims and defenses in this action, or that were
25 omitted from this disclosure by inadvertence or otherwise.
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3.

Pursuant to Rule 26(a)(1)(A)(iii), Shapiro Bernstein and Guetta state

27 that, pursuant to 17 U.S.C. § 505 and other applicable law, they seek an award of
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NY987706.1
217131-10001

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SHAPIRO BERNSTEIN’S AND DAVID
GUETTA’S SUPPLEMENTAL
DISCLOSURES

1 their attorneys’ fees and expenses incurred in defending this action, which fees and
2 expenses continue to accrue and cannot be computed at this time.
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4.

Pursuant to Rule 26(a)(1)(A)(iv), Shapiro Bernstein and Guetta state

4 that they are not aware of any insurance agreement under which an insurance
5 business may be liable to satisfy all or party of a possible judgment in the action or
6 to indemnify or reimburse for payments made to satisfy the judgment.
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Shapiro Bernstein and Guetta reserve the right to supplement this disclosure

8 after further investigation.
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Dated: November 14, 2011

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LOEB & LOEB LLP
By: /s/ Tal E. Dickstein
Donald A. Miller
Barry I. Slotnick
Tal E. Dickstein

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Attorneys for Defendants
SHAPIRO, BERNSTEIN & CO., INC.
(incorrectly sued as Shapiro, Bernstein &
Co.) and DAVID GUETTA

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217131-10001

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SHAPIRO BERNSTEIN’S AND DAVID
GUETTA’S SUPPLEMENTAL
DISCLOSURES

PROOF OF SERVICE

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I, Tal E. Dickstein, the undersigned, declare that:

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I am employed in the County of New York, State of New York, over the age

4 of 18, and not a party to this cause. My business address is Loeb & Loeb LLP, 345
5 Park Avenue, New York, New York, 10154.
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On November 14, 2011, I caused a true copy of the foregoing

7 DEFENDANTS SHAPIRO, BERNSTEIN & CO., INC.'S AND DAVID
8 GUETTA'S SUPPLEMENTAL INITIAL DISCLOSURES PURSUANT TO
9 RULE 26(A)(1) to be served on the counsel for all parties in this case by placing the
10 above named document in a sealed envelope addressed as set forth on the attached
11 service list and by then placing such sealed envelope for collection and mailing with
12 the United States Postal Service in accordance with Loeb & Loeb LLP's ordinary
13 business practices.
I am familiar with Loeb & Loeb LLP's practice for collecting and processing
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15 correspondence for mailing with the United States Postal Service and Overnight
16 Delivery Service. That practice includes the deposit of all correspondence with the
17 United States Postal Service and/or Overnight Delivery Service the same day it is
18 collected and processed.
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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on November 14, 2011, at New York, New York.

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By: /s/ Tal E. Dickstein

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Proof of Service
Case No. SACV 104656 JST ( RZx)

1 SERVICE LIST
2 Dean A. Dickie
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
3 225 W. Washington, Suite 2600
Chicago, IL 60606
4
Ira Gould
5 Ryan L. Greely
GOULD LAW GROUP
6 120 N. LaSalle Street, Suite 2750
Chicago, IL 60602
7
George L. Hampton IV
8 Colin C. Holley
HAMPTONHOLLEY LLP
9 2101 East Coast Highway, Suite 260
Corona Del Mar, CA 92625
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Attorneys for Plaintiff Bryan Pringle
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12 Kara E. F. Cenar
BRYAN CAVE LLP
13 161 North Clark Street, Suite 4300
Chicago, IL 60601
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Attorneys for Defendants William Adams, Jr., Stacy Ferguson,
15 Jamie Gomez, and Allan Pineda, all individually and collectively as the
music group the Black Eyed Peas; EMI April Music, Inc.; Headphone
16 Junkie Publishing LLC; Will.I.Am LLC; Jeepney Music, Inc.;
Tab Magnetic Publishing; and Cherry River Music Co.
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18 Linda M. Burrow
CALDWELL LESLIE & PROCTOR,
19 P.C. 1000 Wilshire Boulevard, Suite 600
Los Angeles, CA 90017
20 Attorneys for Defendants UMG Recordings Inc. and
Interscope Records.
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22 Edwin F. McPherson
MCPHERSON RANE
23 1801 Century Park East, 24 th Floor
Los Angeles, CA 90067
24 Attorneys for Defendants Stacy Ferguson, p/k/a Fergie, and Headphone
Junkie Publishing LLC.
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217131-10001

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Proof of Service
Case No. SACV 104656 JST ( RZx)