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-C E-mail between Ramona DeSalvo and Patrick Sullivan, dated August 20, 2008

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L i n d a Ryman
From: Sent To: Cc: Ramona DeSalvo Wednesday, August 20,20087:25PM Patrick Sullivan F. HeidiWhite

judgment E'ight Summary Mile S u b j e c t :65555.01 declaration 'licenses" Aftermath J u s tas a heads as partof yourdeclaration willneedyouto address various up, we that the previously; a t t a c h e s theirmotion.I sentyou all of the licenses to however, anafysis be in a chartform will the attached yourdeclaration will address deficiencies a) not a license al[ b) not a license to and the at like to (non-exclusive Aftermath licenses non-assignable),doesn't can'tlicense are EightMile's c) and share, notice 4) pursuant controlled a n dconfirmation Universal by to comp(controlled mmps inapplicable DPDs) purported to 5) l i c e n s odoesn't r ownthecopyright, Thechartwill helpyougo through etc. if everything of course, I say and wrong,let'sdiscuss. get it to you as soonas I can. lt'sdrafted needs anything I'll but somework.

R o m o n o DeSolvo, P. Esg. KIN6 A BALLOW 11OOUnion Street Plozo 3 1 5 UnionStreet N o s h v i l l e ,TN 37201 (6t5) 7?6-1432 (direct) ( 6 1 5 ) 726-?+19 (fsx) rdesalvo@ kingba llow.com CONFIDENTTAL

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