Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 107

MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, Declaration of Patrick Sullivan and Statement of Material Facts and Conditional Motion to Strike Plaintiffs' Late-Produced Documents by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits TO DEFENDANTS AFTERMATH RECORDS AND APPLE INC.S MOTION TO STRIKE DECLARATION OF PATRICK SULLIVAN AND PLAINTIFFS STATEMENT OF MATERIAL FACTS AND CONDITIONAL MOTION TO STRIKE PLAINTIFFS LATE-PRODUCED DOCUMENTS, # 2 Exhibit Declaration of Melinda LeMoine In Support of Defendants Aftermath Records and Apple Inc.s Motion to Strike Declaration of Patrick Sullivan and Plaintiffs Statement of Material Facts and Conditional Motion to Strike Plaintiffs Late-Produced Documents, # 3 Exhibit 1-A: Excerpts of transcript pages from the depositions of Patrick Sullivan taken on September 18, 2008 and October 1, 2008, # 4 Exhibit 1-B: E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 27, 2008, # 5 Exhibit 1-C: E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 20, 2008, # 6 Exhibit 1-D: Plaintiff Eight Mile Style, LLCs Responses to Defendants First Set of Interrogatories, dated March 21, 2008, # 7 Exhibit 1-E: Plaintiff Martin Affiliated, LLCs Responses to Defendants First Set of Interrogatories, dated March 21, 2008, # 8 Exhibit 1-F: Plaintiff Eight Mile Style, LLCs Responses to the Defendants First Set of Requests for Production of Documents, dated March 21, 2008, # 9 Exhibit 1-G: Plaintiff Martin Affiliated, LLCs Responses to Defendants First Requests for Production of Documents, dated March 21, 2008, # 10 Exhibit 1-H: Plaintiff Eight Mile Style, LLCs Responses to the Defendants Second Set of Requests for Production of Documents, dated August 8, 2008, # 11 Index of Exhibits 1-I: Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Requests for Production of Documents, dated August 8, 2008, # 12 Exhibit 1-J: Plaintiff Eight Mile Style, LLCs Responses to Defendants Second Set of Interrogatories, dated August 8, 2008, # 13 Exhibit 1-K: Plaintiff Martin Affiliated, LLCs Responses to Defendants Second Set of Interrogatories, dated August 8, 2008, # 14 Exhibit 2: Anderson v. United States, 39 Fed. Appx. 132, 2002 WL 857742 (6th Cir. May 3, 2002)) (Klaus, Kelly)

Eight Mile Style, LLC et al. v. Apple Computer Inc., et al. Case No. 2:07-CV-13164

EXHIBIT 1 Declaration of Melinda LeMoine In Support of Defendants Aftermath Records' and Apple Inc.'s Motion to Strike Declaration of Patrick Sullivan and Plaintiffs' "Statement of Material Facts" and Conditional Motion to Strike Plaintiffs' Late-Produced Documents

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UNITED STATES DISTRICT COURT IN THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EIGHT MILE STYLE, LLC and MARTIN AFFILIATED, LLC, Plaintiffs vs. APPLE COMPUTER, INC. and AFTERMATH RECORDS d/b/a AFTERMATH ENTERTAINMENT, Defendants. __________________________________/ DECLARATION OF MELINDA E. LEMOINE IN SUPPORT OF DEFENDANTS AFTERMATH RECORDS' AND APPLE INC.'S MOTION TO STRIKE DECLARATION OF PATRICK SULLIVAN AND PLAINTIFFS' "STATEMENT OF MATERIAL FACTS" AND CONDITIONAL MOTION TO STRIKE PLAINTIFFS' LATE-PRODUCED DOCUMENTS Daniel D. Quick Dickinson Wright PLLC 38525 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304 [phone] [e-mail] P48109 Kelly M. Klaus Munger, Tolles & Olson LLP 355 South Grand Avenue Suite 3500 Los Angeles, CA 90071-1560 [phone] [e-mail] Attorneys for Defendants Case No. 2:07-CV-13164 Honorable Anna Diggs Taylor Magistrate Judge Donald A. Scheer

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DECLARATION OF MELINDA LEMOINE I, Melinda LeMoine, declare as follows: 1. I am an attorney with the law firm of Munger, Tolles & Olson LLP, which

represents Defendants Apple Inc. and Aftermath Records d/b/a Aftermath Entertainment in this matter. I am familiar with the documents and the court filings in this litigation.. Except as otherwise indicated, I have personal knowledge of the facts set forth herein. If called as a witness in this action, I could and would testify competently to the contents of this declaration. 2. Attached as Exhibit A is a true and correct copy of excerpts from the deposition

transcripts of Patrick Sullivan, taken in this case on September 18, 2008 and October 1, 2008. 3. Attached as Exhibit B is a true and correct copy of an e-mail between Ramona De

Salvo, an attorney at Plaintiffs' counsel's firm, and Patrick Sullivan, dated August 27, 2008, which Plaintiffs produced in this action. 4. Attached as Exhibit C is a true and correct copy of an e-mail between Ramona De

Salvo, an attorney at Plaintiffs' counsel's firm, and Patrick Sullivan, dated August 20, 2008, which Plaintiffs produced in this action. 5. Attached as Exhibit D through G are true and correct copies of Plaintiff Eight

Mile Style LLC's and Martin Affiliated LLC's Responses to Defendants' First Set of Interrogatories and to Defendants' First Set of Requests for Production of Documents, respectively. 6. Attached as Exhibits H through K are true and correct copies of Plaintiff Eight

Mile Style LLC's and Martin Affiliated LLC's Responses to Defendants Second Set of Interrogatories and to Defendants' Second Set of Requests for Production in this case 7. Plaintiffs have produced more than 240 pages--almost 25% of their total

production in this case--after the June 2, 2008 discovery cut-off date. These late productions

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include (a) a collection of licenses produced on June 4, 2008; (b) a collection of agreements produced on August 28, 2008, the same day that Plaintiffs filed their Opposition to Defendants' Revised Motion for Summary Judgment relying upon them; (c) a collection of copyright registrations produced on September 15, 2008 disclosing Ensign Music Publishing and Famous Music for the first time as co-claimants for several of the compositions at issue in this case; and (d) on October 6, 2008, Plaintiffs finally produced a long-sought document disclosing that another music publisher and administrator, Music Resources, Inc./Kobalt Music Publishing America, appears to hold exclusive administration rights to the compositions at issue in this case. 8. Attached as Exhibit 2 is a true and correct copy of Anderson v. United States, 39

Fed. Appx. 132, 2002 WL 857742 (6th Cir. May 3, 2002). I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. Executed this 15th day of October, 2008 at Los Angeles, California. /s Melinda E. LeMoine Melinda LeMoine

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