Bryan Pringle v. William Adams Jr et al

Filing 283

DECLARATION of Tal E. Dickstein in support of MOTION for Attorney Fees of all Defendants 280 filed by Defendants David Guetta, Frederick Riesterer, Shapiro Bernstein and Co. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Miller, Donald)

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 SHAPIRO, BERNSTEIN
& CO., INC., FREDERIC
8 RIESTERER, 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

13 BRYAN PRINGLE, an individual,
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Plaintiff,
v.

16 WILLIAM ADAMS, JR.; STACY
FERGUSON; ALLAN PINEDA; and
17 JAIME GOMEZ, all individually and
collectively as the music group The
18 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
DECLARATION OF TAL E.
DICKSTEIN IN SUPPORT OF
MOTION FOR AN AWARD OF
ATTORNEYS’ FEES AND FULL
COSTS AGAINST PLAINTIFF AND
HIS COUNSEL
Complaint Filed: October 28, 2010
Hearing Date: June 25, 2012;
10:00 A.M
Courtroom 10A

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217131-10001

DICKSTEIN DECLARATION

1 I, TAL E. DICKSTEIN, declare as follows:
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I am an attorney associated with the law firm Loeb & Loeb LLP,

3 attorneys for Defendants Shapiro, Bernstein & Co, Inc., Frederic Riesterer and
4 David Guetta in this action. I am a member in good standing of the Bar of the State
5 of New York and was admitted to practice in this Court pro hac vice by Order dated
6 December 21, 2010 (Doc. 69). I have personal knowledge of the facts set forth
7 hereinafter, and I submit this declaration in support of Defendants’ Motion for an
8 Award of Attorneys’ Fees and Full Costs Plaintiff Bryan Pringle and his Counsel.
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2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts of

10 the deposition transcript of Bryan Pringle, dated August 24, 2011.
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3.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts of

12 Plaintiff’s Response to Defendant Stacey Ferguson’s First Set of Interrogatories,
13 served April 13, 2011, with relevant portions highlighted.
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4.

Attached hereto as Exhibit 3 is a true and correct copy of the transcript

15 of the January 23, 2012 Court hearing on Defendants’ Motion to Compel
16 Supplemental Responses to Interrogatories from Plaintiff and for Sanctions.
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5.

Attached hereto as Exhibit 4 is a true and correct copy of excerpts of

18 Plaintiff’s Rule 26 Disclosures, dated February 28, 2011, with relevant portions
19 highlighted.
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6.

Attached hereto as Exhibit 5 is a true and correct copy of Plaintiff’s

21 Notice of Document Subpoena to Taxi Music Network, dated June 23, 2011, and
22 documents produced pursuant to that subpoena bearing production numbers TAXI
23 0001 - TAXI 0011.
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7.

Attached hereto as Exhibit 6 is a true and correct copy of excerpts of

25 Plaintiff’s Response to Defendant William Adams’ First Set of Interrogatories,
26 served April 13, 2011, with relevant portions highlighted.
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NY1124491.1
217131-10001

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DICKSTEIN DECLARATION

1

8.

Attached hereto as Exhibit 7 is a true and correct copy of excerpts of

2 Plaintiff’s Supplemental Response to Defendant William Adams’ First Set of
3 Interrogatories, served July 15, 2011.
4

9.

Attached hereto as Exhibit 8 is a true and correct copy of excerpts of

5 the deposition transcript of Alexander Norris, dated January 3, 2012.
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10.

Attached hereto as Exhibit 9 is a true and correct copy of excerpts of

7 the deposition transcript of Alexander Stewart, dated January 4, 2012.
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11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts of

9 a letter from counsel for Plaintiff to counsel for Defendants, dated August 30, 2010,
10 which was produced in discovery bearing production numbers P-UMG 005985 - P11 UMG 005991, with relevant portions highlighted.
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12.

Attached hereto as Exhibit 11 is a true and correct copy of excerpts of

13 Plaintiff’s Amended Answers to Defendant Headphone Junkie Publishing, LLC’s
14 First Set of Interrogatories, served November 2, 2011, with relevant portions
15 highlighted.
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13.

Attached hereto as Exhibit 12 is a true and correct copy of the

17 transcript of the January 31, 2011 hearing on Plaintiff’s motion for a preliminary
18 injunction.
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14.

Attached hereto as Exhibit 13 is a true and correct copy of the

20 complaint filed in the matter Pringle, et al., v. USAA Insurance Agency, Inc., filed in
21 the District Court, 224th Judicial District, Bexar County, Texas.
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15.

Attached hereto as Exhibit 14 is a true and correct copy of excerpts of

23 the deposition transcript of Bryan D. Pringle, and Exhibit 15 thereto, taken in the
24 matter Pringle, et al., v. USAA Insurance Agency, Inc., filed in the District Court,
25 224th Judicial District, Bexar County, Texas, with relevant portions highlighted.
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16.

Attached hereto as Exhibit 15 is a true and correct copy of excerpts of

27 Plaintiff’s Response to Defendant David Guetta’s First Set of Interrogatories, served
28 November 14, 2011, with relevant portions highlighted.
NY1124491.1
217131-10001

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DICKSTEIN DECLARATION

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17.

On or about November 28, 2011, I participated in a Court-ordered

2 mediation in this action. As an accommodation to counsel residing in Chicago,
3 including Plaintiff’s lead counsel, I traveled from New York to Chicago for the
4 mediation. When I arrived at the mediation location, however, the mediator
5 indicated that Plaintiff’s counsel would not meet with Defendants’ counsel unless
6 Defendants were prepared to make a multi-million dollar settlement offer. As a
7 result, no discussions took place between counsel at the mediation.
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I declare under penalty of perjury that the foregoing is true and correct.

9 Executed this 25th day of May, 2012.
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/s/ Tal E. Dickstein

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TAL E. DICKSTEIN

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DICKSTEIN DECLARATION