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 Dean A. Dickie (appearing Pro Hac Vice)
[e-mail]
2 Kathleen E. Krenhoefer (appearing Pro Hac Vice)
Koppenhoefer MillerCanfield.com
3 MILLER, CA IELD, PADDOCK AND STONE, P.L.C.
225 West Washington Street, Suite 2600
Chicago, IL 60606
4
Telephone: [phone]
5 Facsimile: 312.460.4288
6 Ira Gould (appearing Pro Hac Vice)
[e-mail]
7 Ryan L. [freely (appearing Pro Hac Vice)
[e-mail]
GOULD1_,AW GROUP
8
120 North LaSalle Street, Suite 2750
Chicago, IL 60602
9
Telephone: [phone]
10 Facsimile: 312.726.1328
11 George L. Hampton IV (State Bar No. 144433)
[e-mail]
Cohn C. Halley (State Bar No. 191999)
12
[e-mail]
13 HAMPTONHOLLEY LLP
2101 East Coast Highway, Suite 260
Corona del Mar, California 92625
14
Telephone: [phone]
15 Facsimile: 949.718.4580
16 Attorneys for Plaintiff
BRYAN PRINGLE
17
18

UNITED STATES DISTRICT COURT

19

CENTRAL DISTRICT OF CALIFORNIA

20

SOUTHERN DIVISION

21 BRYAN PRINGLE, an individual,
Plaintiff,

22
23

v

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

Defendants.

Case No. SACV 10-1656 JST(RZx)
PLAINTIFF'S RULE 26
DISCLOSURES

1

Plaintiff Bryan Pringle ("Plaintiff") pursuant to Federal Rule of Civil

2 Procedure 26(a), submits these Initial Disclosures. The Initial Disclosures are based
3 on information reasonably available to Plaintiff to date. Plaintiff may not yet have
4 discovered witnesses or documents, or inadvertently may have omitted witnesses or
5 documents from his Initial Disclosures, which later may be deemed relevant.
6 Plaintiff reserves the right to make use of such information and documents as they
7 are discovered and to supplement these Initial Disclosures if desired or necessary.
8 Plaintiff incorporates into these disclosures all allegations and claims asserted in his
9 operative Complaint.
10

Subject to the foregoing, Plaintiff submits the following Rule 26 Initial

11 Disclosures:
12

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1. Rule 26(a)(1)(A)(i): The name and, if known, the address and

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13 telephone number of each individual likely to have discoverable information—.

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14 along with the subjects of that information— that the disclosing paity may use

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15 to support its claims or defenses, unless solely for impeachment, identifying the

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16 subjects of information:

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17 a.

Bryan Pringle. Mr. Pringle is available through counsel. He has knowledge of

18

the writing and creation of the song "Take a Dive," including each of the

19

derivative versions of it, its submission to the various Defendants, and the facts

20

and allegations contained within the Amended Complaint.

21 b.

David Guetta. Mr. Guetta has knowledge of the manner in which Defendants

22

obtained "Take a Dive," Defendants' use of "Take a Dive" in creating "I Gotta

23

Feeling," Defendants' other instances of intentional copying, and the facts and

24

allegations contained within the Amended Complaint.

25 c.

Frederick Riesterer. Mr. Riesterer has knowledge of the manner in which

26

Defendants obtained "Take a Dive," Defendants' use of "Take a Dive" in

27

creating "I Gotta Feeling," Defendants' other instances of intentional copying,

28

and the facts and allegations contained within the Amended Complaint.
2

•
•

▪

1 d.

William Adams, Jr. Defendant Adams has knowledge of his role as an A&R at

2

Interscope, the manner in which Defendants obtained "Take a Dive,"

3

Defendants' use of "Take a Dive" in creating "I Gotta Feeling," Defendants'

4

other instances of intentional copying, and the facts and allegations contained

5

within the Amended Complaint.

6

e.

Stacy Ferguson. Defendant Ferguson has knowledge of the manner in which

7

Defendants obtained "Take a Dive," Defendants' use of "Take a Dive" in

8

creating "I Gotta Feeling," Defendants' other instances of intentional copying,

9

and the facts and allegations contained within the Amended Complaint.

10

f.

Allan Pineda. Mr. Pineda has knowledge of the manner in which Defendants

11

obtained "Take a Dive," Defendants' use of "Take a Dive" in creating "I Gotta

12

Feeling," Defendants' other instances of intentional copying, and the facts and

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allegations contained within the Amended Complaint.

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14

g.

Jaime Gomez. Mr. Gomez has knowledge of the manner in which Defendants

15

obtained "Take a Dive," Defendants use of "Take a Dive" in creating "I Gotta

16

Feeling," Defendants' other instances of intentional copying, and the facts and

17

allegations contained within the Amended Complaint.

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18

h.

from the sale and distribution of "I Gotta Feeling."

19

20

Ike Youseff. Mr. Youseff has knowledge of the profits earned by Defendants

i.

UMG Recordings, Inc.'s corporate representative with knowledge of the facts

21

and circumstances regarding the creation, publication, and distribution of "I

22

Gotta Feeling."

23

j.

Interscope Records' corporate representative with knowledge of the facts and

24

circumstances regarding the creation, publication, and distribution of "I Gotta

25

Feeling."

26

k.

EMI April Music, Inc.'s corporate representative with knowledge of the facts

27

and circumstances regarding the creation, publication, and distribution of "I

28

Gotta Feeling."

1 1.

Headphone Junkie Publishing, LLC's corporate representative with knowledge

2

of the facts and circumstances regarding the creation, publication, and

3

distribution of "I Gotta Feeling."

4 m. will.i.am music, llc's corporate representative with knowledge of the facts and
5

circumstances regarding the creation, publication, and distribution of "I Gotta

6

Feeling."

7 n. Jeepney Music, Inc.'s corporate representative with knowledge of the facts and
8

circumstances regarding the creation, publication, and distribution of "I Gotta

9

Feeling."

10 o. Tab Magnetic Publishing's corporate representative with knowledge of the
11

facts and circumstances regarding the creation, publication, and distribution of

12

"I Gotta Feeling."

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13 p. Cherry River Music Co.'s corporate representative with knowledge of the facts.

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14

and circumstances regarding the creation, publication, and distribution of "I

15

Gotta Feeling."

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16 q. Shapiro, Bernstein & Co., Inc.'s corporate representative with knowledge of the
fl

17

facts and circumstances regarding the creation, publication, and distribution of

18

"I Gotta Feeling."

19 r.

Rister Editions' corporate representative with knowledge of the facts and

20

circumstances regarding the creation, publication, and distribution of "I Gotta

21

Feeling."

22 s. Square Rivoli Publishing's corporate representative with knowledge of the
23

facts and circumstances regarding the creation, publication, and distribution of

24

"I Gotta Feeling."

25 t.

Grounded Music, Inc.'s corporate representative with knowledge of the facts

26

and circumstances regarding Defendants' other instances of intentional

27

copying.

28

1 u.

Adam Freeland. Mr. Freeland has knowledge of Defendants' other instances of

2

intentional copying.

3 v.

George Clinton. Mr. Clinton has knowledge of Defendants' other instances of

4

intentional copying.

5 w.

Plaintiff's investigation is ongoing. Plaintiff will attempt to identify through

6

discovery and investigation the names of other individuals and business entities

7

who may have knowledge regarding their claims and defenses. Thus, Plaintiff

8

reserves the right to supplement these disclosures and promptly disclose the

9

identities of these persons as they become known to Plaintiff in accordance

10
11

with Fed. R. Civ. P. 26(a),(e).
2. Rule 26(a)(1)(A)(ii): A copy— or description by category and location

12 of— all documents, electronically stored information, and tangible things that
13 the disclosing party has in its possession, custody, or control and may use to
14 support its claims or defenses, unless the use would be solely for impeachment:
15 a.

Documents regarding the creation, publication, distribution, and copyright of "I

16

Gotta Feeling."

17 b.

Communications with Defendants.

18 c.
19

Plaintiff's investigation is ongoing and Plaintiff will identify additional

20

with Fed. R. Civ. P. 26(a),(e).

21

categories of documents as they come into Plaintiff's possession in accordance

3. Rule 26(a)(1)(A)(iii): A computation of any category of damages

22 claimed by the disclosing party, making available for inspection and copying as
23 under Rule 34 the documents or other evidentiary material, not privileged or
24 protected from disclosure, on which such computation is based, including
25 materials bearing on the nature and extent of injuries suffered:
26

Plaintiff seeks injunctive relief and monetary recovery from the Defendants in

27 the form of Plaintiffs lost profits, royalties and songwriting credit, and/or
28 Defendants' profits. These damages will be provided by Plaintiff's damages expert
5

1 pursuant to 17 U.S.C. § 504 and 505. The calculations shall be provided in
2 accordance with Rule 26(a)(2) and this Court's Scheduling and Case Management
3 Order. The documents and other material, not privileged or protected from
4 disclosure, on which such computation is based, will be produced in accordance with
5 Rule 26(a)(2) and this Court's Scheduling and Case Management Order. Plaintiff
6 specifically incorporates any and all such reports to be provided by its damages
7 experts, and reserves the right to supplement these disclosures and promptly disclose
8 this information as it becomes known to Plaintiff in accordance with Fed. R. Civ. P.
9 26(a),(e). Plaintiff further seeks recovery of his attorneys' fees.
10

4. Rule 26(a)(1)(A)(iv): For inspection and copying as under Rule 34 any

11 insurance agreement under which any person carrying on an insurance business
12 may be liable to satisfy part or all of a judgment which may be entered in the
13 action or to indemnify or reimburse for payments made to satisfy the judgment:
14
None.
15
16 Dated: February 28, 2011
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21

Dean A. Dickie (appearing Pro Hac Vice)
Kathleen E. Koppenhoefer appearinlPro Hae Vice
MILLER, CAl\ELD, P DOCK ND STO
P.L.C.
Ira Gould (appearing Pro Hac Vice)
Ryan L. Greely (appearing Pro Hac Vice)
GOULD LAW GROLTP
George L. Hampton IV (State Bar No. 144433)
Colin C. Holley (State Bar No. 191999)
HAMPTONHOLLEY LLP

22
23

By: Attorne for Plaintiff Bryan Pringle

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