Bryan Pringle v. William Adams Jr et al

Filing 255

JOINDER 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 joining in Reply (Motion related) 253 . (Attachments: # 1 Declaration of Justin Righettini, # 2 Exhibit 1-5 to Righettini Decl)(Righettini, Justin)

1 BRYAN CAVE LLP

Jonathan Pink, California Bar No. 179685

2 Justin M. Righettini, California Bar No. 245305

3161 Michelson Drive, Suite 1500

3 Irvine, California 92612-4414

Telephone: [phone]
[phone]
E-mail:
[e-mail]
[e-mail]
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4 Facsimile:

6 BRYAN CAVE LLP

Kara E. F. Cenar, (Pro Hac Vice)

7 Mariangela M. Seale, (Pro Hac Vice)

161 North Clark Street, Suite 4300

8 Chicago, IL 60601-3315

Telephone: [phone]

9 Facsimile: [phone]
Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414

E-mail:

[e-mail]
[e-mail]

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11 Attorneys for Defendants WILLIAM ADAMS; STACY FERGUSON; ALLAN

PINEDA; and JAIME GOMEZ, all individually and collectively as the music

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

PUBLISHING; CHERRY RIVER MUSIC CO.; HEADPHONE JUNKIE

13 PUBLISHING, LLC; JEEPNEY MUSIC, INC.; EMI APRIL MUSIC, INC.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

BRYAN PRINGLE, an individual,

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Plaintiff,

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v.
WILLIAM ADAMS, JR.; STACY
FERGUSON; ALLAN PINEDA; and
JAIME GOMEZ, all individually and
collectively as the music group the
Black Eyed Peas; DAVID GUETTA;
FREDERICK RIESTERER; UMG
RECORDINGS, INC.; INTERSCOPE
RECORDS; EMI APRIL MUSIC,
INC.; HEADPHONE JUNKIE
PUBLISHING, LLC; WILL.I.AM.
MUSIC, LLC; JEEPNEY MUSIC,
INC.; TAB MAGNETIC
PUBLISHING; CHERRY RIVER
MUSIC CO.; SQUARE RIVOLI
PUBLISHING; RISTER EDITIONS;
and SHAPIRO, BERNSTEIN & CO.,
Defendants.

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Case No. SACV10-1656 JST (RZx)
Hon. Josephine Staton Tucker
Courtroom 10A
DECLARATION OF JUSTIN
RIGHETTINI RE JOINDER OF
ADAMS DEFENDANTS TO REPLY
IN SUPPORT OF MOTION FOR
SANCTIONS AGAINST PLAINTIFF
AND HIS COUNSEL PURSUANT
TO FED. R. CIV. P. 11 BY
DEFENDANTS SHAPIRO,
BERNSTEIN & CO, INC.,
FREDERIC RIESTERER AND
DAVID GUETTA
Date:
Time:
Dept.:

April 16, 2012
10:00 A.M.
10A

Complaint Filed:
Trial date:

October 28, 2010
August 7, 2012

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CH01DOCS187084.1

DECLARATION OF JUSTIN RIGHETTINI

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

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DECLARATION OF JUSTIN RIGHETTINI
I, Justin Righettini, declare:
1.

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

State of California and all federal courts in the State of California. I am an attorney
with the law firm of Bryan Cave LLP, counsel of record for Defendants WILLIAM
ADAMS; STACY FERGUSON; ALLAN PINEDA; and JAIME GOMEZ, all
individually and collectively as the music group THE BLACK EYED PEAS;
will.i.am music, llc; TAB MAGNETIC PUBLISHING; CHERRY RIVER MUSIC
CO.; HEADPHONE JUNKIE PUBLISHING, LLC; JEEPNEY MUSIC, INC.; and
EMI APRIL MUSIC, INC.
2.

Attached hereto as Exhibit “1” is a true and correct copy of portions of

the deposition transcript of Plaintiff Manfred Mohr, taken on August 11, 2011 in
Batts et al. v. Adams et al., CV 10-8123-JFW (RZx) (C.D. Cal. 2010), a case filed
by the same attorneys who filed this action.
3.

Attached hereto as Exhibit “2” is a true and correct copy of receipts

from what appears to be a post office in San Antonio, Texas that were produced in
this litigation by Plaintiff Bryan Pringle, bearing Bates Numbers PL0013-14.
4.

Attached hereto as Exhibit “3” is a true and correct copy of an e-mail

message from what purports to be the Artists & Repertoire Department of Columbia
Records that was produced in this litigation by Plaintiff Bryan Pringle, bearing
Bates Number PL0021.
5.

Attached hereto as Exhibit “4” is a true and correct copy of the

September 12, 2011 transcript of the hearing before the Honorable Ralph Zarefesky
re Plaintiffs’ Motion to Compel Production of Documents in Batts et al. v. Adams et
al., CV 10-8123-JFW (RZx) (C.D. Cal. 2010).
6.

Attached hereto as Exhibit “5” is a true and correct copy of portions of

the deposition transcript of Dr. Alexander Norris, taken on January 3, 2012 in

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DECLARATION OF JUSTIN RIGHETTINI

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

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connection with this case.
7.

On March 28, 2011, I used the application Shazam on my iPhone to

test what result would obtain if I played the original version of Take a Dive into the
phone’s microphone. Shazam did not recognize the original version of Take a
Dive, and the message that was displayed on my phone’s screen as a result was:
“Sorry, a match couldn’t be found for your music.”
I declare under penalty of perjury under the laws of the State of
California and the United States of America that the foregoing is true and correct.
Executed this 2nd day of April, 2012, at Chicago, Illinois.

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/s/ Justin Righettini
Justin Righettini

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DECLARATION OF JUSTIN RIGHETTINI