Bryan Pringle v. William Adams Jr et al

Filing 28

JOINDER and OPPOSITION in opposition to re: EX PARTE APPLICATION for Temporary Restraining Order as to Copyright Infringement and OSC re Preliminary Injunction 15 filed by Defendants Interscope Records, UMG Recordings Inc. (Attachments: # 1 Declaration Declaration of Linda M. Burrow, # 2 Exhibit Exhibit A, # 3 Declaration Declaration of Ike Youssef)(Burrow, Linda)

1 CALDWELL LESLIE & PROCTOR, PC
LINDA M. BURROW, State Bar No. 194668
[e-mail]
2
HEATHER PEARSON, State Bar No. 235167
[e-mail]
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1000 Wilshire Boulevard, Suite 600
4 Los Angeles, California 90017-2463
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendants
UMG RECORDINGS, INC. and
7 INTERSCOPE RECORDS
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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BRYAN PRINGLE, an individual,

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Plaintiff,
v.

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WILLIAM ADAMS, JR.; STACY
16 FERGUSON; ALAN PINEDA; and
JAIME GOMEZ, all individually and
17 collectivley as the music group the
Black Eyed Peas; DAVID GUETTA;
18 FREDERICK RIESTERER; UMG
RECORDINGS, INC.; INTERSCOPE
19 RECORDS; EMI APRIL MUSIC,
INC.; HEAPHONE JUNKIE
20 PUBLISHING, LLC.; WILL.I.AM
MUSIC, LLC; JEEPNEY MUSIC,
21 INC.; TAB MAGNETIC
PUBLISHING; CHERRY RIVER
22 MUSIC, CO.; SQUARE RIVOLI
PUBLISHING; RISTER EDITIONS;
23 and SHAPIRO, BERNSTEIN & CO.,
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Case No. SACV 10-1656 JST (RZx)
DECLARATION OF LINDA
BURROW IN SUPPORT OF
JOINDER TO OPPOSITION AND
OPPOSITION TO EX PARTE
APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND TO
SHOW CAUSE RE PRELIMINARY
INJUNCTION
Trial Date:

None Set

Defendants.

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CALDWELL
LESLIE &
PROCTOR

DECLARATION OF LINDA BURROW IN SUPPORT OF JOINDER TO
OPPOSITION AND OPPOSITION TO EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF LINDA M. BURROW

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I, LINDA M. BURROW, declare and state as follows:

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1.

I am an attorney admitted to practice in the State of California and a

5 member of the bar of this Court. I am an attorney at the law firm of Caldwell Leslie
6 & Proctor, PC, counsel for Universal Music Group, Inc. and Interscope Records
7 (collectively, “UMG”). I submit this declaration in opposition to Plaintiff Bryan
8 Pringle’s Ex Parte Application for a Temporary Restraining Order and to Show
9 Good Cause re Preliminary Injunction. I have personal knowledge of the facts
10 stated herein unless otherwise specified, and could and would testify competently
11 thereto if called as a witness in this matter.
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2.

On May 12, 2010 I received an email from Plaintiff Bryan Pringle’s

13 counsel, Ira Gould, stating Plaintiff alleged that the Black Eyed Peas copied and/or
14 sampled his song “Take a Dive” without permission in the song “I Gotta Feeling”.
15 A true and correct copy of that email is attached hereto as Exhibit A. Although Mr.
16 Gould does not state in that email when Mr. Pringle first learned of the alleged
17 infringement, there is no dispute that he was aware of the potential for infringement
18 no later than the second week of May of this year.
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3.

Following that email, Mr. Gould and Kara Cenar, counsel for the Black

20 Eyed Peas defendants, entered into discussions aimed at settling the case. Based
21 upon communications I saw from Mr. Gould concerning these negotiations, the
22 potential for injunctive relief was not part of Mr. Pringle’s settlement demand.
23 Settlement negotiations broke down in early September, 2010.
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4.

Plaintiff filed his original Complaint in this action October 28, 2010. I

25 am informed that he served both UMG Recordings, Inc and Interscope Records on
26 November 5, 2010. Plaintiff’s declaration attaches a First Amended Complaint that,
27 according to the Court’s docket, was filed on November 19, 2010. To my
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CALDWELL
LESLIE &
PROCTOR

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DECLARATION OF LINDA BURROW IN SUPPORT OF JOINDER TO
OPPOSITION AND OPPOSITION TO EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING ORDER

1 knowledge, Plaintiff has not served eeither UMG Recordings, Inc. or Interscope
2 Records with his First Amended Complaint. Indeed, none of the attorneys
3 representing Plaintiff has ever sent me a copy of the First Amended Complaint. Nor
4 did any of the attorneys representing the Plaintiff ever contact me to discuss the
5 basis for Plaintiff’s ex parte application.
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I declare under penalty of perjury under the laws of the United States of

7 America that the foregoing is true and correct.
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Executed on November 23, 2010, at Los Angeles, California.

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/s/
LINDA M. BURROW

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CALDWELL
LESLIE &
PROCTOR

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DECLARATION OF LINDA BURROW IN SUPPORT OF JOINDER TO
OPPOSITION AND OPPOSITION TO EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING ORDER