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)

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LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

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Dean A. Dickie (appearing Pro Hac Vice)
[e-mail]
Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
[e-mail]
Katharine N. Dunn (appearing Pro Hac Vice)
[e-mail]
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
225 West Washington Street, Suite 2600
Chicago, IL 60606
Telephone: [phone]
Facsimile: 312.460.4288
Ira Gould (appearing Pro Hac Vice)
[e-mail]
Ryan L. Greely (appearing Pro Hac Vice)
[e-mail]
GOULD LAW GROUP
120 North LaSalle Street, Suite 2750
Chicago, IL 60602
Telephone: [phone]
Facsimile: 312.726.1328
George L. Hampton IV (State Bar No. 144433)
[e-mail]
Colin C. Holley (State Bar No. 191999)
[e-mail]
HAMPTONHOLLEY LLP
2101 East Coast Highway, Suite 260
Corona del Mar, California 92625
Telephone: [phone]
Facsimile: 949.718.4580
Attorneys for Plaintiff
BRYAN PRINGLE

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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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Plaintiff,
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v.
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WILLIAM ADAMS, JR.; STACY
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FERGUSON; ALLAN PINEDA; and
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JAIME GOMEZ, all individually and
collectively as the music group The Black )
)
Eyed Peas, et al.,
)
)
Defendants.
)

22 BRYAN PRINGLE, an individual,

Case No. SACV 10-1656 JST(RZx)

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PLAINTIFF’S RESPONSE TO
DEFENDANT DAVID
GUETTA’S FIRST SET OF
INTERROGATORIES

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1 PROPOUNDING PARTY:

Defendant DAVID GUETTA

2 RESPONDING PARTY:

Plaintiff BRYAN PRINGLE

3 SET NO.:

One

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Plaintiff Bryan Pringle submits this Response to Defendant David Guetta’s
(“Guetta”) First Set of Interrogatories (the “Interrogatories”).

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LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

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GENERAL OBJECTIONS
1.

Plaintiff objects to each Interrogatory insofar as it is vague, overly

broad, not limited in time and scope, oppressive, harassing or vexatious, imposes
burden or expense that outweighs the likely benefit, seeks legal conclusions, and/or
seeks information not relevant to the lawsuit nor reasonably calculated to lead to the
discovery of admissible evidence.
2.

Plaintiff objects to the extent that these Interrogatories seek information

protected by the attorney/client or the work product privilege. Plaintiff will not
provide any such privileged information.
3.

The following answers are given based upon the information and

documents of which Plaintiff’s counsel is currently aware. Plaintiff’s investigation
continues and Plaintiff specifically reserves the right to supplement the following
answers as this litigation proceeds. The following answers are given herein without
prejudice to Plaintiff’s right to supplement or change his answers or objections and to
produce evidence of additional facts.
4.

Plaintiff’s answers are not an admission that any such information is

relevant or admissible.
5.

Plaintiff objects to each Interrogatory, instruction or definition that

purports to impose any obligation greater than or different from those required under
the Federal Rules of Civil Procedure and Local Orders of the Court.

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6.

Plaintiff objects to each Interrogatory regarding “Defendants” as being

2 in violation of Rule 33(a)(1).
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7.

Plaintiff objects to each Interrogatory to the extent it seeks information

4 which is properly the subject of expert testimony.
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8.

Plaintiff specifically reserves the right to assert additional objections.

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LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

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DEFINITIONS AND INSTRUCTIONS
Plaintiff objects to each and every definition and instruction as set forth in
Defendant’s Interrogatories because each purports to impose an obligation greater
than or different from those required under the Federal Rules of Civil Procedure and
Local Orders of the Court.
INTERROGATORIES

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13 INTERROGATORY NO. 1: Identify the specific source from which YOU
14 obtained the sound recording that was attached as Audio Exhibit 3 (“Bryan Pringle,
15 ‘Take a Dive’--Piano Twang Sequence”) to the Declaration of Mark Rubel filed in
16 this action, and describe with particularity the circumstances under which YOU
17 obtained said sound recording and under which said sound recording was transmitted
18 to Mark Rubel.
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RESPONSE: Objection. Plaintiff cannot identify from the statement

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what it is that he is being asked to describe with particularity. Until and

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unless he is able to review that which is being referred to specifically by

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the Defendants as “Audio Exhibit 3,” he is unable to answer this

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interrogatory. Without reviewing the specific sound recording that was

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attached to the Declaration of Mark Rubel as Audio Exhibit 3 to which

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Dave Guetta is referring in Interrogatory No. 1, Plaintiff cannot

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accurately provide any further information as he has not compared that

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which was attached to the declaration of Mark Rubel as Audio Exhibit 3

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3

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to the data and image files which have been maintained by Dave

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Gallant. Plaintiff did not prepare any Mark Rubel Exhibits.

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INTERROGATORY NO. 2: State whether the NRG disc YOU relied upon in
connection with YOUR motion for a temporary restraining order contains (i) “Take a
Dive,” (ii) “Take a Dive” (Dance Version) or (iii) the guitar twang sequence
referenced in YOUR First Amended Complaint. If you answered in the affirmative
to any portion of the preceding sentence, describe with specificity why YOU stated
in connection with YOUR motion for a preliminary injunction that said NRG disc
was not the correct disc and contained the “wrong file.”

LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

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RESPONSE: Objection.

See Answer to Interrogatory No. 1.

In

further answer to Interrogatory No. 2, Plaintiff states that he has not
compared the disc referenced by his attorneys in the Motion for
Temporary Restraining Order with the image files maintained by Dave
Gallant and therefore is unable to answer the question presented
accurately. At the time the Preliminary Injunction Motion was filed,
Plaintiff relied upon counsel to use the image file maintained by Dave
Gallant. Until and unless he has an opportunity to compare that to
which Dave Guetta has referenced with that which has been maintained
by Dave Gallant, Plaintiff is unable to provide a specific detailed
response to the question. Plaintiff is in the process of securing a copy of
what was filed with the Court and referenced in this interrogatory in
order to perform the comparison. Defendant Guetta did not attach to
this Interrogatory the specific sound recording to which he refers and as
a consequence, Plaintiff is unable to state with particularity anything
factual regarding the sound recording referred to in these two
Interrogatories.

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1 Dated: November 14, 2011
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Dean A. Dickie (appearing Pro Hac Vice)
Kathleen E. Koppenhoefer (appearing Pro Hac Vice)
Katharine N. Dunn (appearing Pro Hac Vice)
MILLER, CANFIELD, PADDOCK AND STONE,
P.L.C.
Ira Gould (appearing Pro Hac Vice)
Ryan L. Greely (appearing Pro Hac Vice)
GOULD LAW GROUP
George L. Hampton IV (State Bar No. 144433)
Colin C. Holley (State Bar No. 191999)
HAMPTONHOLLEY LLP

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By:

Attorneys for Plaintiff Bryan Pringle

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LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

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PROOF OF SERVICE

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I am employed in the County of Cook, State of Illinois. I am over the age of
18 and not a party to the within action. My business address is 225 West
3 Washington Street, Suite 2600, Chicago, Illinois 60606.
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On this date, I served PLAINTIFF’S RESPONSE TO DEFENDANT
DAVID GUETTA’S FIRST SET OF INTERROGATORIES on all interested
5 parties in this action listed on the attached Service List as follows:
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LLP

HAMPTONHOLLEY

2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

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(BY MAIL) - I am “readily familiar” with the firm’s practice of
collection and processing correspondence for mailing. Under that practice it would
7 be deposited with the U.S. Postal Service on the same day with postage thereon fully
prepaid at Chicago, Illinois in the ordinary course of business. I am aware that on
8 motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing on affidavit.
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(BY FACSIMILE) - By transmitting a true copy thereof by facsimile
10 from facsimile number 312.460-4201 to the facsimile number(s) shown on the
attached Service List, for which electronic confirmation was received from the
11 facsimile machine that said document was successfully transmitted without error.
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(BY OVERNIGHT DELIVERY) - By depositing the above
document(s) in a box or other facility regularly maintained by FedEx in an envelope
13 or package designated by FedEx with delivery fees paid.
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(BY EMAIL) - By causing a true copy of the document(s) to be served
by electronic mail transmission at the time shown on each transmission, to each
15 interested party at the email address shown on the attached Service List. Each
transmission was reported as complete and without error.
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(State) I declare under penalty of perjury under the laws of the state of
17 California that the foregoing is true and correct.
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
(Federal) I declare under penalty of perjury under the laws of the United
States that the foregoing is true and correct.
Executed on November 14, 2011, at Chicago, Illinois.

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Merry Beth Seaton

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Service List
Bryan Pringle v. William Adams, Jr. et al.
Case Number: 8:10-cv-01656-JST –RZ

3 Counsel for Defendants: William Adams, Jr., Allan Pineda, Jaime Gomez,
Will.I.Am Music, LLC, Jeepney Music, Inc., Tab Magnetic Publishing, Cherry
4 River Music Co., EMI April Music, Inc., and Headphone Junkie Publishing, LLC
5 Kara E. F. Cenar, Esq.
Mariangela Seale, Esq.
6 Bryan Cave LLP
161 North Clark Street, Suite 4300
7 Chicago, IL 60601
312-602-5000
8 Fax: [phone]
Email: [e-mail]
9 Email: [e-mail]
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Counsel for Defendant Shapiro Bernstein and Co.

HAMPTONHOLLEY

LLP

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2101 East Coast Highway, Suite 260
Corona del Mar, California 92625

Jonathan S Pink, Esq.
Bryan Cave LLP
3161 Michelson Drive, Suite 1500
Irvine, CA 92612-4414
949-223-7000
Fax: [phone]
Email: [e-mail]

Donald A Miller, Esq.
12 Loeb and Loeb LLP
10100 Santa Monica Boulevard
13 Suite 2200
Los Angeles, CA 90067
14 310-282-2000
Fax: [phone]
15 Email: [e-mail]

Barry I Slotnick, Esq.
Tal Efriam Dickstein, Esq.
Loeb and Loeb LLP
345 Park Avenue
New York, NY 10154-1895
212-407-4000
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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17 Counsel for Defendants: UMG Recordings, Inc., Interscope Records
18 Linda M. Burrow, Esq.
Alison Mackenzie, Esq.
19 Caldwell Leslie and Proctor PC
1000 Wilshire Boulevard, Suite 600
20 Los Angeles, CA 90017
213-629-9040
21 Fax: [phone]
Email: [e-mail]
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23 Counsel for Defendants: Stacy Ferguson and Headphone Junkie Publishing, LLC
24 Edwin F. McPherson, Esq.
Tracy B. Rane, Esq.
25 McPherson Rane
1801 Century Park East, 24th Floor
26 Los Angeles, CA 90067
310-553-8833
27 Fax: [phone]
Email: [e-mail]
28 Email: [e-mail]

VERIFICATION

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I, Bryan Pringle, state that I have knowledge of the foregoing events, and that the
2 answers made to Defendant David Guetta s First Set Of Interrogatories are true
and correct to the best of my knowledge.
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I declare the foregoing to be true under penalty of perjury.
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November 14, 2011