Bryan Pringle v. William Adams Jr et al

Filing 273

REPLY in support of Plaintiff's Motion for Voluntary Dismissal of Certain Parties Without Prejudice and Without Fees or Costs, filed by Plaintiff Bryan Pringle. (Attachments: # 1 Declaration of Kathleen E. Koppenhoefer in Further Support of Motion)(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
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

16 BRYAN PRINGLE, an individual,
Plaintiff,

17
18

v.

19 WILLIAM ADAMS, JR.; STACY
FERGUSON; ALLAN PINEDA; and
20 JAIME GOMEZ, all individually and
collectively as the music group The
21 Black Eyed Peas, et al.,
22
23
24
25
26
27
28

Defendants.

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Case No. SACV 10-1656 JST(RZx)
DECLARATION OF KATHLEEN E.
KOPPENHOEFER IN FURTHER
SUPPORT OF PLAINTIFF BRYAN
PRINGLE'S MOTION FOR
VOLUNTARY DISMISSAL OF
CERTAIN PARTIES WITHOUT
PREJUDICE AND WITHOUT FEES
OR COSTS
DATE:
TIME:
CTRM:

MAY 14, 2012
10:00 A.M.
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 one of the attorneys for Plaintiff, Bryan Pringle,
3 in the above-captioned action. If called as a witness, I could competently testify to
4 the facts set forth in this declaration. Each of the facts set forth below is based on
5 my personal knowledge.
6

2.

On April 3, 2012, the parties exchanged a series of emails regarding the

7 status of the remaining defendants after the Court granted summary judgment to the
8 Guetta Defendants.
9

3.

Kara Cenar, lead trial counsel for the Adams Defendants, asked if

10 Plaintiff would stipulate to the Court granting summary judgment against the
11 remaining Defendants. See, April 3 email from Kara Cenar, attached as Exhibit A.
12

4.

I responded on behalf of the Plaintiff, and proposed having the

13 remaining Defendants file a joinder to the Guetta Defendants’ Motion for Summary
14 Judgment. I also indicated that Plaintiff would not oppose the joinder. See, April 3
15 email from Kathleen E. Koppenhoefer, attached as Exhibit B.
16

5.

In response, Justin Righettini, counsel for the Adams Defendants,

17 clarified that the Adams Defendants had no interest in any joinder: “Thank you.
18 We have not asked to file a joinder (late or otherwise).” He repeated Defendants’
19 request that Plaintiff stipulate to entry of judgment against him. See, April 3 email
20 from Justin Righettini, attached as Exhibit C.
21

6.

During an April 5, 2012 call on the matter, I set forth Plaintiff’s

22 opposition to a voluntary judgment, including the concern that such a stipulation
23 could potentially result in a waiver of his appellate rights.
24

I declare under penalty of perjury that the foregoing is true and correct.

25 Executed on this 30th day of April, 2012, at Chicago, Illinois.
26
27

Kathleen E. Koppenhoefer

28
1

Koppenhoefer, Kathleen E.
From:

Cenar, Kara [[e-mail]]

Sent:

Tuesday, April 03, 2012 11:39 AM

To:

Dickie, Dean A.; George Hampton; Koppenhoefer, Kathleen E.

Cc:

'Tal Dickstein'; 'Ed McPherson'; Linda M. Burrow; 'Barry Slotnick'; Righettini, Justin; Pink, Jonathan
Stuart

Subject: FW: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of In
Chambers Order/Directive - no proceeding held
Counsel,
Pursuant to the Court's Order of yesterday granting summary judgment and granting dismissal for
spoliation of evidence, and in furtherance of the Court's order below requesting a joint status report,
would it be possible for everyone to briefly call in this afternoon say 2:00 Pacific, 4 pm Central.
My Dial in number is 1-800-300-1596 Passcode 312-602-5019
Also, Dean, George and Kate, would you be kind enough to let us know before the call if you intend to
pursue the claims against the remaining defendants in view of the order, or whether you will stipulate to
the Court granting summary judgment against the remaining Defendants pursuant to Rule 56(f)
Fed.R.Civ.P. If you are willing to stipulate, I would like to get the stipulation on file today to avoid any
further unnecessary attorneys fees and costs to any Defendant.
Thank you for your prompt attention to this matter, and please be kind enough to confirm your ability to
call in at the designated time.
Kara
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 12:09 AM
To: [e-mail]
Subject: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of In
Chambers Order/Directive - no proceeding held

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT
RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
policy permits attorneys of record and parties in a case (including pro se litigants) to
receive one free electronic copy of all documents filed electronically, if receipt is required
by law or directed by the filer. PACER access fees apply to all other users. To avoid later
charges, download a copy of each document during this first viewing. However, if the
referenced document is a transcript, the free copy and 30 page limit do not apply.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Notice of Electronic Filing
The following transaction was entered on 4/2/2012 at 10:07 PM PDT and filed on 4/2/2012
Case Name:
Bryan Pringle v. William Adams Jr et al
Case Number:
8:10-cv-01656-JST -RZ
Filer:
Document Number: 256
EXHIBIT A
PAGE 000002

4/30/2012

Docket Text:
MINUTE (IN CHAMBERS) by Judge Josephine Staton Tucker: Order for Case Status
Report. The parties are ORDERED to file a joint report no later than April 10, 2012, as to
the status of the case, specifically as to the remaining defendants. (mt)
8:10-cv-01656-JST -RZ Notice has been electronically mailed to:
Mariangela Seale

[e-mail]

Justin Michael Righettini
Barry Isaac Slotnick
Thomas D Nolan

[e-mail], [e-mail]

[e-mail]

[e-mail]

Tal Efriam Dickstein

[e-mail]

Linda M Burrow [e-mail], [e-mail], [e-mail], [e-mail]
Tracy B Rane

[e-mail]

Colin C Holley [e-mail], [e-mail],
[e-mail], [e-mail]
Ryan Christopher Williams
Joseph G Vernon

[e-mail]

[e-mail]

Kara E F Cenar

[e-mail]

Robert C Levels

[e-mail]

Jeremy Tsvi Katz

[e-mail]

Kathleen E Koppenhoefer
Edwin F McPherson

[e-mail], [e-mail]

Rachel Aleeza Rappaport
Jonathan S Pink

[e-mail]

[e-mail]

[e-mail], [e-mail]

Dean A Dickie [e-mail], [e-mail],
[e-mail], [e-mail]_sumry, [e-mail]
James W McConkey
George Leo Hampton

[e-mail]
[e-mail], [e-mail]
EXHIBIT A
PAGE 000003

4/30/2012

Donald A Miller

[e-mail], [e-mail]

8:10-cv-01656-JST -RZ Notice has been delivered by First Class U. S. Mail or by other means to: :

This electronic message is from a law firm. It may contain confidential or privileged information. If you received
this transmission in error, please reply to the sender to advise of the error and delete this transmission and any
attachments.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that
any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written
to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing, or recommending to another party any transaction or matter addressed herein.
bcllp2012

EXHIBIT A
PAGE 000004

4/30/2012

Koppenhoefer, Kathleen E.
From:

Koppenhoefer, Kathleen E.

Sent:

Tuesday, April 03, 2012 2:04 PM

To:

Cenar, Kara; Dickie, Dean A.; George Hampton

Cc:

'Tal Dickstein'; 'Ed McPherson'; Linda M. Burrow; 'Barry Slotnick'; Righettini, Justin; Pink, Jonathan
Stuart

Subject: RE: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of In
Chambers Order/Directive - no proceeding held
Counsel:
Plaintiff will not object to the remaining defendants filing a late motion for joinder to the previously filed
motion for summary judgment, presupposing the moving parties agree to be bound by any later appellate
decision on the summary judgment motion.
Kate

From: Cenar, Kara [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 11:39 AM
To: Dickie, Dean A.; George Hampton; Koppenhoefer, Kathleen E.
Cc: 'Tal Dickstein'; 'Ed McPherson'; Linda M. Burrow; 'Barry Slotnick'; Righettini, Justin; Pink, Jonathan
Stuart
Subject: FW: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of
In Chambers Order/Directive - no proceeding held
Counsel,
Pursuant to the Court's Order of yesterday granting summary judgment and granting dismissal for
spoliation of evidence, and in furtherance of the Court's order below requesting a joint status report,
would it be possible for everyone to briefly call in this afternoon say 2:00 Pacific, 4 pm Central.
My Dial in number is 1-800-300-1596 Passcode 312-602-5019
Also, Dean, George and Kate, would you be kind enough to let us know before the call if you intend to
pursue the claims against the remaining defendants in view of the order, or whether you will stipulate to
the Court granting summary judgment against the remaining Defendants pursuant to Rule 56(f)
Fed.R.Civ.P. If you are willing to stipulate, I would like to get the stipulation on file today to avoid any
further unnecessary attorneys fees and costs to any Defendant.
Thank you for your prompt attention to this matter, and please be kind enough to confirm your ability to
call in at the designated time.
Kara
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 12:09 AM
To: [e-mail]
Subject: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of In
Chambers Order/Directive - no proceeding held

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT
RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
EXHIBIT B
PAGE 000005

4/30/2012

policy permits attorneys of record and parties in a case (including pro se litigants) to receive one
free electronic copy of all documents filed electronically, if receipt is required by law or directed
by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy
of each document during this first viewing. However, if the referenced document is a transcript,
the free copy and 30 page limit do not apply.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Notice of Electronic Filing
The following transaction was entered on 4/2/2012 at 10:07 PM PDT and filed on 4/2/2012
Case Name:
Bryan Pringle v. William Adams Jr et al
Case Number:
8:10-cv-01656-JST -RZ
Filer:
Document Number: 256
Docket Text:
MINUTE (IN CHAMBERS) by Judge Josephine Staton Tucker: Order for Case Status
Report. The parties are ORDERED to file a joint report no later than April 10, 2012, as to
the status of the case, specifically as to the remaining defendants. (mt)
8:10-cv-01656-JST -RZ Notice has been electronically mailed to:
Mariangela Seale

[e-mail]

Justin Michael Righettini
Barry Isaac Slotnick
Thomas D Nolan

[e-mail], [e-mail]

[e-mail]

[e-mail]

Tal Efriam Dickstein

[e-mail]

Linda M Burrow [e-mail], [e-mail], [e-mail], [e-mail]
Tracy B Rane

[e-mail]

Colin C Holley [e-mail], [e-mail],
[e-mail], [e-mail]
Ryan Christopher Williams
Joseph G Vernon

[e-mail]

[e-mail]

Kara E F Cenar

[e-mail]

Robert C Levels

[e-mail]

EXHIBIT B
PAGE 000006

4/30/2012

Jeremy Tsvi Katz

[e-mail]

Kathleen E Koppenhoefer
Edwin F McPherson

[e-mail], [e-mail]

Rachel Aleeza Rappaport
Jonathan S Pink

[e-mail]

[e-mail]

[e-mail], [e-mail]

Dean A Dickie [e-mail], [e-mail],
[e-mail], [e-mail]_sumry, [e-mail]
James W McConkey
George Leo Hampton
Donald A Miller

[e-mail]
[e-mail], [e-mail]

[e-mail], [e-mail]

8:10-cv-01656-JST -RZ Notice has been delivered by First Class U. S. Mail or by other means to: :

This electronic message is from a law firm. It may contain confidential or privileged information. If you received
this transmission in error, please reply to the sender to advise of the error and delete this transmission and any
attachments.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that
any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written
to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing, or recommending to another party any transaction or matter addressed herein.
bcllp2012

EXHIBIT B
PAGE 000007

4/30/2012

Koppenhoefer, Kathleen E.
From:

Righettini, Justin [[e-mail]]

Sent:

Tuesday, April 03, 2012 3:38 PM

To:

Koppenhoefer, Kathleen E.; Cenar, Kara; Dickie, Dean A.; George Hampton

Cc:

'Tal Dickstein'; 'Ed McPherson'; Linda M. Burrow; 'Barry Slotnick'; Pink, Jonathan Stuart

Subject: RE: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of In
Chambers Order/Directive - no proceeding held

Kate:
Thank you. We have not asked to file a joinder (late or otherwise). The question was
whether Plaintiff will stipulate to the Court granting summary judgment as to the remaining
defendants under Fed. R. Civ. P. 56(f).
From: Koppenhoefer, Kathleen E. [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 2:03 PM
To: Cenar, Kara; Dickie, Dean A.; George Hampton
Cc: 'Tal Dickstein'; 'Ed McPherson'; Linda M. Burrow; 'Barry Slotnick'; Righettini, Justin; Pink, Jonathan
Stuart
Subject: RE: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of
In Chambers Order/Directive - no proceeding held
Counsel:
Plaintiff will not object to the remaining defendants filing a late motion for joinder to the previously filed
motion for summary judgment, presupposing the moving parties agree to be bound by any later appellate
decision on the summary judgment motion.
Kate

From: Cenar, Kara [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 11:39 AM
To: Dickie, Dean A.; George Hampton; Koppenhoefer, Kathleen E.
Cc: 'Tal Dickstein'; 'Ed McPherson'; Linda M. Burrow; 'Barry Slotnick'; Righettini, Justin; Pink, Jonathan
Stuart
Subject: FW: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of
In Chambers Order/Directive - no proceeding held
Counsel,
Pursuant to the Court's Order of yesterday granting summary judgment and granting dismissal for
spoliation of evidence, and in furtherance of the Court's order below requesting a joint status report,
would it be possible for everyone to briefly call in this afternoon say 2:00 Pacific, 4 pm Central.
My Dial in number is 1-800-300-1596 Passcode 312-602-5019
Also, Dean, George and Kate, would you be kind enough to let us know before the call if you intend to
pursue the claims against the remaining defendants in view of the order, or whether you will stipulate to
the Court granting summary judgment against the remaining Defendants pursuant to Rule 56(f)
Fed.R.Civ.P. If you are willing to stipulate, I would like to get the stipulation on file today to avoid any
further unnecessary attorneys fees and costs to any Defendant.
Thank you for your prompt attention to this matter, and please be kind enough to confirm your ability to

EXHIBIT C
PAGE 000008

4/30/2012

call in at the designated time.
Kara
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, April 03, 2012 12:09 AM
To: [e-mail]
Subject: Activity in Case 8:10-cv-01656-JST -RZ Bryan Pringle v. William Adams Jr et al Minutes of In Chambers
Order/Directive - no proceeding held

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT
RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy
permits attorneys of record and parties in a case (including pro se litigants) to receive one free
electronic copy of all documents filed electronically, if receipt is required by law or directed by the
filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each
document during this first viewing. However, if the referenced document is a transcript, the free
copy and 30 page limit do not apply.
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
Notice of Electronic Filing
The following transaction was entered on 4/2/2012 at 10:07 PM PDT and filed on 4/2/2012
Case Name:
Bryan Pringle v. William Adams Jr et al
Case Number:
8:10-cv-01656-JST -RZ
Filer:
Document Number: 256
Docket Text:
MINUTE (IN CHAMBERS) by Judge Josephine Staton Tucker: Order for Case Status
Report. The parties are ORDERED to file a joint report no later than April 10, 2012, as to
the status of the case, specifically as to the remaining defendants. (mt)

8:10-cv-01656-JST -RZ Notice has been electronically mailed to:
Mariangela Seale

[e-mail]

Justin Michael Righettini
Barry Isaac Slotnick
Thomas D Nolan

[e-mail], [e-mail]

[e-mail]

[e-mail]

Tal Efriam Dickstein

[e-mail]

Linda M Burrow [e-mail], [e-mail], [e-mail], [e-mail]
Tracy B Rane

[e-mail]
EXHIBIT C
PAGE 000009

4/30/2012

Colin C Holley [e-mail], [e-mail],
[e-mail], [e-mail]
Ryan Christopher Williams
Joseph G Vernon

[e-mail]

[e-mail]

Kara E F Cenar

[e-mail]

Robert C Levels

[e-mail]

Jeremy Tsvi Katz

[e-mail]

Kathleen E Koppenhoefer
Edwin F McPherson

[e-mail], [e-mail]

Rachel Aleeza Rappaport
Jonathan S Pink

[e-mail]

[e-mail]

[e-mail], [e-mail]

Dean A Dickie [e-mail], [e-mail],
[e-mail], [e-mail]_sumry, [e-mail]
James W McConkey
George Leo Hampton
Donald A Miller

[e-mail]
[e-mail], [e-mail]

[e-mail], [e-mail]

8:10-cv-01656-JST -RZ Notice has been delivered by First Class U. S. Mail or by other means to: :

This electronic message is from a law firm. It may contain confidential or privileged information. If you received
this transmission in error, please reply to the sender to advise of the error and delete this transmission and any
attachments.
IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that
any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written
to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing, or recommending to another party any transaction or matter addressed herein.
bcllp2012
_______________________________________________________________
NOTICE TO PERSONS SUBJECT TO UNITED STATES TAXATION (MCPS)
DISCLOSURE UNDER TREASURY CIRCULAR 230: The United States Federal tax advice, if any, contained in
this document and its attachments may not be used or referred to in the promoting, marketing or recommending
of any entity, investment plan or arrangement, nor is such advice intended or written to be used, and may not be
used, by a taxpayer for the purpose of avoiding Federal tax penalties.

EXHIBIT C
PAGE 000010

4/30/2012

_______________________________________________________________

EXHIBIT C
PAGE 000011

4/30/2012

1
2
3
4
5
6
7

CERTIFICATE OF SERVICE
On April 30, 2012, I electronically filed the foregoing DECLARATION OF
KATHLEEN E. KOPPENHOEFER IN FURTHER SUPPORT OF PLAINTIFF
BRYAN PRINGLE'S MOTION FOR VOLUNTARY DISMISSAL OF CERTAIN
PARTIES WITHOUT PREJUDICE AND WITHOUT FEES OR COSTS using the
CM/ECF system which will send notification of such filing to the following
registered CM/ECF Users:

8 Barry I. Slotnick
9 Donald A. Miller
Tal Efriam Dickstein
10
Linda M. Burrow
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

[e-mail]
[e-mail], [e-mail]
[e-mail]
[e-mail], [e-mail],
[e-mail],
[e-mail]
Ryan Christopher Williams [e-mail]
Kara E. F. Cenar
[e-mail]
Robert C. Levels
[e-mail]
Kathleen E. Koppenhoefer [e-mail]
Rachel Aleeza Rappaport [e-mail]
Jonathan S. Pink
[e-mail],
[e-mail]
Dean A. Dickie
[e-mail], [e-mail],
[e-mail],
[e-mail],
[e-mail]
Edwin F. McPherson
[e-mail],
[e-mail]
Joseph G. Vernon
[e-mail]
James W. McConkey
[e-mail]
Justin Michael Righettini [e-mail],
[e-mail]
Tracy B. Rane
[e-mail]
Thomas D. Nolan
[e-mail]

1

I am unaware of any attorneys of record in this action who are not registered

2 for the CM/ECF system or who did not consent to electronic service.
3

I certify under penalty of perjury under the laws of the United States of

4 America that the foregoing statements are true and correct.
5 Dated: April 30, 2012
6

/s/Colin C. Holley
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

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ND: 4833-3883-8536, v. 1