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

Filing 108

Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits to Corrected Motion to Strike, # 2 Exhibit Declaration of Melinda LeMoine, # 3 Exhibit 1-A Excerpts from Deposition of Patrick Sullivan, # 4 Exhibit 1-B E-Mail from DeSalvo to Sullivan dated Aug. 27, 2008, # 5 Exhibit 1-C Email from DeSalvo to Sullivan dated August 20, # 6 Exhibit 1-D Eight Mile Style's Responses to First Set of Interrogatories, # 7 Exhibit 1-E Martin Affiliated's Responses to First Set of Interrogatories, # 8 Exhibit 1-F Eight Mile Style's Responses to First Set of RFPs, # 9 Exhibit 1-G Martin Affiliated's Responses to First Set of RFPs, # 10 Exhibit 1-H Eight Mile Style's Responses to Second Set of RFPs, # 11 Exhibit 1-I Martin Affiliated'd Responses to Second Set of RFPs, # 12 Exhibit 1-J Eight Mile Style's Responses to Second Set of Interrogatories, # 13 Exhibit 1-K Martin Affiliated's Responses to Second Set of Interrogatories, # 14 Exhibit 2 - Anderson v. United States) (Lemoine, Melinda)

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

EXHIBIT 1-F Plaintiff Eight Mile Style, LLC's Responses to the Defendants' First Set of Requests for Production of Documents, dated March 21, 2008

5005843.1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION
EIGHT MILE STYLE LLC
and

MART1N AFFILIATED
Plaintiffs

LLC

Case

No

207-cv-13164 Diggs Taylor Judge Donald
Scheer

vs

Hon Anna
Magistrate

APPLE

COMPUTER INC

and

AFTERMATH AFTERMATH

RECORDS db/a ENTERTAINMENT
Defendants

Howard
Hertz

Hertz

Schram

P26653 PC Road 300
48302

Richard

Busch Ballow
Street Street

TN BPR14594
Plaza

King

1760 South Telegraph Bloomfield
Hills

1100 Union 315 Union
Nashville

MI

248

335-5000

TN

37201

[e-mail]

615

259-3456

rbuschkingballow.com
Attorney
for Plaintiffs

PLAINTIFF EIGHT MILE STYLE

LLCS RESPONSES TO THE
OF DOCUMENTS
objections

DEFENDANTS FIRST SET OF REQUESTS
Plaintiff

FOR PRODUCTION
provides the

Eight

Mile

Style

LLC Eight Mile
for

following

and

responses

to

the First

Set of Requests

Production

of Documents

Requests

propounded

by

Defendants Apple

Inc

named

as

Apple

Computer Inc and Aftermath Records

cl/b/a

Aftermath

Entertainment

GENERAL OBJECTIONS
The
following General Objections apply
to

and

are

incorporated

in

each

and

every

response

to

each

and

every

Request

whether

or

not

such

General

Objections

are

expressly

incorporated

by reference

in

such

response

Eight

Mile objects

to

the

Requests

to

the

extent

they

collectively

or individually

seek

information

or

documents

subject

to

or

protected

by

the

attorney-client

privilege

the

attorney

work

product

privilege

or any

other privilege or protection

from disclosure

Eight

Mile

hereby

invokes

all

such

privileges

to

the

extent

implicated

by

each

Request

and

exclude

privileged

and protected

information

from

its

responses

to

the

Requests

Any

disclosure

of

information

protected

by

those

privileges

is

inadvertent

and

is

not

intended

to

waive

any

privilege

or protection

Eight

Mile

objects

to

the

Requests

to

the

extent

they

purport

to

impose

on

Plaintiff

any obligations

that

are

different

from or

greater

than

any duty

imposed

by the Federal

Rules

of

Civil

Procedure

the

Local

Rules

of the

United

States

District

Court

for

the

Eastern

District

of Michigan

or

any other applicable law or rule

Eight

Mile

objects

to

the

Requests

as

duplicative

unduly

burdensome

and

harassing

to

the

extent

they

seek

information

that

is

equally

available

to

Defendants

or

information

that

could

be derived

or ascertained

by Defendants

with

substantially

the same

effort

that

would be

required of Plaintiffs

from review

of the documents

produced

in this

case

Eight

Mile objects

to

the Requests

to

the extent

they

seek

disclosure

of items that

are not in Eight

Miles possession custody
Mile

or control

or that

are

publicly

available

Eight

objects

to

the

Requests

to

the

extent

they

seek

items

that

are

confidential

proprietary

trade secret

information

andlor

competitively

sensitive

material

Eight

Mile

will

disclose

such

responsive

non-privileged

information

only

upon

entry

of

and

in

accordance

with

the terms

of an appropriate

protective

order

To

the

extent

that

the

Requests

seek

information

concerning

an

identified

contention

or factual

issue

Eight

Mile

objects

on the grounds

that

Eight

Mile has not completed

its

investigation

of the

facts

relevant

to

this

case

Eight

Miles

responses

are

necessarily

preliminary

and

are

made

without

prejudice

to

its

right

to

disclose

introduce

or

rely

upon

information

or documents

that

may

be

later discovered

or produced

Eight

Mile

will

make

reasonable

efforts

to

search

for

information

in

the

places

where

it

is

reasonably

likely

to

be found

and Eight

Mile objects

to

the

Requests

to

the

extent

they

purport

to

require

broader

search

In

responding

to

the Requests

Eight

Mile does

not

waive

or

intend

to

waive

any

privilege or objection

including

but not

limited to any objections

to

the competency

relevance

materiality

or

admissibility

of

any

of

the

items

disclosed

in

response

to

the

Requests

No

objection

or

response

made

in

these

responses

and objections

shall

be deemed

to

constitute

representation

by Eight Mile

as to

the existence

or non-existence

of the items requested

Eight

Mile

objects

to

Requests

containing

the

defined

term

documents
the term
as

as

vague

ambiguous

overly

broad

and

unduly

burdensome

to

the

extent

that

used

in

any

Request

expands

Eight

Miles

duty

to

produce

documents

or

items

beyond

the

scope

required

of the

Federal

Rules

of Civil

Procedure

Eight

Mile

also

objects

to

Requests

containing

the defined

term

documents
is

to

the extent

that

any Request

containing

the defined

term seeks

information

that

privileged

protected

and confidential

Eight

Mile

also

objects

to

the

extent

use

of the

defined

term

documents

is

intended

to

seek

information

or

items

that

are

not

reasonably

calculated

to

lead to

the discovery

of admissible

evidence

of information

10

Eight

Mile objects

to

the Requests

as

vague
Mile
to

ambiguous

overly

broad

and unduly

burdensome

to

the extent

any Request

requires Eight

provide

information

that

is

different

from or

at

different

time than

as

required

under Federal

Rule of

Civil

Procedure

26a2
broad and unduly

11

Eight

Mile objects

to

the Requests

as

vague ambiguous

overly

burdensome

to

the extent

any Request

commands

or requires Eight

Mile

to

provide

responses

or

items

in

any manner

or to

any extent

that

is

different

that

the

scope

provided

by Rules

33

and 34

of

the

Federal

Rules

of

Civil

Procedure

12

Eight

Mile objects

to

Requests

containing

the

defined

term

Eminem as

vague

ambiguous

overly

broad and unduly

burdensome

to

the extent

the term includes

any persons

or

entity

or entities

other

than

the

individual

Marshall

Mathers

III

professionally

known

as

Eminem
13
Mile
the
definition

Eight

objects

to

contained

in

paragraph

10

of

Defendants

Definitions

and

Instructions

as

vague

ambiguous

overly

broad

unintelligible

and

unduly

burdensome

Eight

Mile

interprets

defined

terms

as

set

forth

herein

and other terms

according

to

its

best

understanding

of such

terms including

the Federal

Rules

of Civil

Procedure

OBJECTIONS REQUEST
All

AND RESPONSES TO REQUESTS

NO.1
documents
that

You reviewed

or

relied

upon

in

drafting

Your

Complaint

in

this

action

ANSWER TO REQUEST
Eight

NO.1
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad

and unduly

burdensome

Eight

Mile

further

objects

to

this

Request

to

the

extent

the

information

requested

is

within

the possession

custody

or control of Defendants

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they have

not been already

produced

REQUEST

NO.2
that

All documents

You

refer

to

in

Your Complaint

ANSWER TO REQUEST
Eight

NO.2
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

the

information

requested

is

within

the

possession

custody

or control

of Defendants

Subject

to

and without

waiver

of

the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce

relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not been already

produced

REQUEST
All

NO.3
documents
that

You

refer

to

in

any

of Your

responses

to

Defendants

First

Set of

Interrogatories

served

concurrently

with

these Requests

for

Production

ANSWER TO REQUEST
Eight

NO.3
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

to

the

extent

the information

requested

is

within

the possession

custody

or

control

of Defendants

Subject

to

and without

waiver

of the foregoing

General

and Specific

Objections

Eight

Mile

will

produce

relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not been already

produced

REQUEST
All

NO.4
documents
that

You

reviewed

or

relied

upon

in

preparing

Your

responses

to

Defendants

First

Set of Interrogatories

ANSWER TO REQUEST
Eight

NO.4
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad

and unduly

burdensome

Eight

Miles

further

objects

to

this

Request

to

the

extent

the

information

requested

is

within

the possession

custody

or

control

of Defendants

Subject

to

and

without

waiver

of

the

foregoing

General

and

Specific

Objections

Plaintiffs

will

produce relevant

non-privileged

documents

responsive

to

this request

to

the extent

they

have not been already

produced

REQUEST

NO.5
that

All documents

You

refer

to

in

Your

Initial

Disclosures

in this

action

ANSWER TO REQUEST
Eight

NO.5
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

the information

requested

is

within

the possession

custody

or

control

of Defendants

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce

relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they have

not

been already

produced

REQUEST

NO.6
that relate to

All documents

any of Your

allegations

in

Your Complaint

ANSWER TO REQUEST
Eight

NO.6
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague ambiguous
relate

overly

broad and unduly burdensome

in that

it

does

not define

what

it

means

to

to

any of Eight

Miles

allegations

in

the

Complaint

Eight

Mile

further

objects

to

this

Request

to

the extent

the

information

requested

is

within

the possession

custody

or control

of Defendants

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce

relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not been already

produced

REQUEST
All

NO.7
documents
that

support

or

that

are

contrary

to

Your

contention

that

Apple

has

distributed

Eminem

recordings

embodying

the

works

that

are

the

subject

of

your

Complaint

pursuant

to

purported

license

with

Universal

as

alleged

by You

in

Paragraph

12

of Your

Complaint

ANSWER TO REQUEST
Eight

NO.7
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad and unduly

burdensome

Eight

Mile objects

to

the

language

contrary

to

as

vague

and

ambiguous

and

would

involve

analysis

by

counsel

which

is

protected

by the

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

to

the

extent

the

information

requested

is

within

the possession

custody

or control

of Defendants

Subject

to

and

without

waiver

of the foregoing

General

and Specific

Objections

Eight

Mile

will

produce relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they have

not been already

produced

REQUEST

NO.8
that

All documents

support

or that

are

contrary to

Your contention

that

Eight

Mile and

Martin have

never

authorized

Universal

to

license

the

works

to

Apple

as

alleged

by You

in

Paragraph

12

of Your Complaint

ANSWER TO REQUEST
Eight

NO.8
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad and unduly

burdensome

Eight

Mile objects

to

the

language

contrary

to
the

as

vague

and

ambiguous

and

would

involve

analysis

by

counsel

which

is

protected

by

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

to

the

extent

the

information

requested

is

within

the possession

custody

or control

of Defendants

Eight

Mile

further

objects

to

the extent

the request

seeks

expert

testimony

or opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce

relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not been already

produced

REQUEST

NO.9
that

All documents

support or

that

are

contrary

to Your contention

that

Eight

Mile and

Martin

have never

authorized

Universal

to

engage

in

reproduction

or

distribution

of the

digital

transmissions

through

third

parties

or otherwise

as

alleged

by You

in

Paragraph

12

of Your

Complaint

ANSWER TO REQUEST
See Response
to

NO.9

Request

No

REQUEST

NO 10
that

All documents

support

or that

are

contrary

to Your

contention

that

Universal

has

on any number

of occasions

asked

Eight

Mile and Martin

to

execute

agieements

allowing

Apple

to

reproduce

and

distribute

the

digital

transmissions

but

Eight

Mile

and

Martin

have

not

provided

that

permission

as alleged

by You

in Paragraph

12

of Your

Complaint

ANSWER TO REQUEST
See Response
to

NO

10

Request

No

REQUEST

NO 11
that

All documents

support

or that

are

contrary

to Your

claim

that

You have

suffered

damages

including

without

limitation

any

actual

damages

that

you

may

seek

under

17

U.S.C

504

as

result

of any of Defendants

actions

ANSWER TO REQUEST
See Response
to

NO 11
No

Request

REQUEST

NO 12
that

All documents

constitute

refer

to

or

relate

to

communications

You have had

with

any Person

including

without

limitation

Eminem

or

any of

Eminems
et

representatives

regarding

this

lawsuit

or the

lawsuit

captioned

Productions

LLC

at

Aftermath

Records

d/b/a

Aftermath

Entertainment

et

at

Case

No

CV-07-03314

C.D Cal

or

any of the matters

alleged

in either

action

ANSWER TO REQUEST
Eight

NO

12
General

Mile incorporates

its

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad

unduly

burdensome

and not reasonably

calculated

to

lead to

the

discovery

of admissible

evidence

Eight

Mile

further

objects

to

this

Request

to

the

extent

the

information

requested

is

within

the possession

custody

or

control

of Defendants

Eight

Mile

further

objects

to

the extent

that

such

documents

are not

relevant

to

the

claims

in

the

above-captioned

matter

Eight

Mile

further

objects

to

this

Interrogatory

to

the

extent

it

seeks

discovery

in

separate

action

entitled

F.B.T

Productions

LLCJ

et

at

Aftermath

Records

d/b/a

Aftermath

Entertainment

et

al

Case

No

CV-07-033 14

C.D Cal
scheduling

to

which

Eight

Mile

is

not

party

and which

such

discovery

is

subject

to

separate

order inapplicable

to

this

action

Eight

Mile

further

objects

to

the extent

the request

seeks

expert

testimony

or

opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not been already

produced

REQUEST

NO

13
communications

All documents

that

constitute

refer

to

or relate

to

You have had

with

any Person

regarding

Eminem

ANSWER TO REQUEST
Eight

NO

13
General

Mile incorporates

its

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

10

broad

unduly

burdensome

and not reasonably

calculated

to

lead to

the

discovery

of admissible

evidence

in

that

it

does not

define

or limit

communications

with

any Person
the

or

regarding

Eminem
within
the

Eight

Mile

further

objects

to

this

Request

to

the

extent

information

requested

is

possession

custody

or control

of Defendants

Eight

Mile

further

objects

to

the

extent

the request

seeks

expert

testimony

or opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not already

been produced

REQUEST

NO

14
communications

All documents

that

constitute

refer

to

or

relate

to

You have had

with

Eminem

or any of

Eminems

representatives

ANSWER TO REQUEST
See

NO 14
13

Response

to

Request

REQUEST

NO

15
that

All documents

discuss

refer

to

or

relate

to

the

March

1998 Agreement

including

without

limitation

Paragraph

thereof

ANSWER TO REQUEST
Eight

NO 15
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad

unduly

burdensome

and not

reasonably

calculated

to

lead to

the

discovery

of admissible

evidence

Eight

Mile further objects

to

this

Request

to

the

extent

the

information

requested

is

within

the possession

custody

or control

of Defendants

Eight

Mile

further

objects

to

the extent

11

the request

seeks

expert

testimony

or opinion

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce relevant

non-privileged

documents

responsive

to

this

request

to

the

extent

they

have not already

been produced

REQUEST

NO 16
that

All documents

discuss

refer

to

or relate

to

the

July

2003

Agreement

including

without

limitation

Paragraph

thereof

ANSWER TO REQUEST
See

NO

16
15

Response

to

Request

REQUEST
All

NO

17
that

documents

discuss

refer

to

or

relate

to

the

distribution

of

Eminem

sound

recordings

that

embody

any

of the

works

that

are

the

subject

of your

Complaint

including

the

distribution

of the same

as

digital

downloads

mastertones

ringtones

or digital

streams

ANSWER TO REQUEST
See Response
to

NO 17
15

Request

REQUEST

NO 18
sufficient to

All documents

identi

all

Persons

that

have an ownership

interest

in

each

of

the works for which

You

seek

damages

through

Your Complaint

ANSWER TO REQUEST
Eight

NO
its

18
General

Mile incorporates

Objections

above

Subject

to

and without

waiver

of the foregoing

General

Objections

Eight

Mile responds

that

relevant

information

that

may be

within

the

scope

of this

Request

may

be

determined

by

Defendants

examination

of the

Complaint

filed

in

this

matter

in

particular

paragraph

and

12

collective

Exhibit

attached

to

the

Complaint

Defendants

are

in possession

of the

Complaint

and Exhibit

referenced

therein

and the burden of deriving

that

information

is

substantially

the

same

for

Defendants

as

for

Eight

Mile

and therefore

Eight

Mile

refers

Defendants

to

same

Further

see

Schedule

Plaintiffs

Compositions

attached

to

Eight

Miles

htenogatory

Responses

Notwithstanding

the

foregoing

Eight

Mile

will

produce

relevant

non-privileged

documents

responsive

to

this

request

to

the extent

they have

not

already

been produced

REQUEST

NO 19
sufficient to identify

All documents

any

predecessors

successors

parents

subsidiaries

divisions

affiliates

or other entities

within

the operation

or

control of Plaintiff

ANSWER TO REQUEST
Eight

NO

19
General

Mile incorporates

its

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by

the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad

unduly

burdensome

and not

reasonably

calculated

to

lead to

the

discovery

of admissible

evidence

Eight

Mile

will

produce relevant

non-privileged

documents

responsive

to

this

request

to

the extent

they

have not been already

produced

REQUEST

NO 20
that

All documents

discuss

relate

to

or refer

to

any

expert

witnesses

that

You have

communicated

with

regarding

the

claims

in

this

action

including

without

limitation

all

correspondence

billing

records

documents

received

from such

expert

witness documents

relied

upon by such

expert

witness

in

forming

his

or her opinion

and

curriculum

vitae

for

such

expert

witness

retained by

You

13

ANSWER TO REQUEST
Eight

NO 20
its

Mile incorporates

General

Objections

above

Eight

Mile

specifically

objects

to

this

Request

to

the

extent

it

calls

for

information

protected

by the

attorney-client

privilege

and

work

product

doctrine

Eight

Mile

further

objects

to

this

Request

as

vague

ambiguous

overly

broad

unduly burdensome

and not

reasonably

calculated

to

lead to

the

discovery

of admissible

evidence

The

expert

witness

disclosure

deadline

has

not

yet occurred

and any request

for

such

information

is

premature

Subject

to

and without

waiver

of the

foregoing

General

and Specific

Objections

Eight

Mile

will

produce relevant and discoverable

documents

at the

appropriate

time

DATED

March 21 2008

Respectfully

submitted

Richard

Busch
Street Street

TN

Bar

No

014594

1100 Union 315 Union

Plaza

Nashville

TN

37201

615

259-3456

rbuschkingballow.com

Howard Hertz Esq P26653
Jay Hertz

Yasso Esq
Schram

P45484

PC

1760

Telegraph

Rd
MS

Suite 300

Bloomfield Hills

48302

248

335-5000

[e-mail] jyassohertzschram.com
Attorneys
for Plaintiffs

14

CERTIFICATE

OF SERVICE
foregoing

The
postage

undersigned

hereby

certifies to

that

the

document

was

served

via

U.S

Mail

pre-paid

and via e-mail

the following

Counsel
Daniel

On
Quick Esq
Wright

behalf

of

Apple

Computer Inc

and Aftermath Records

dlb/a

Aftermath

Dickinson 38525

PLLC
Ave

Entertainment

Woodward

Suite 2000

Bloomfield Hills

MI

48304

248

433-7200

dquickdickinsonwright.com

Kelly

Klaus
Tolles

Esq
Olson LLP

Munger

355 South Grand
Suite 3500

Ave

Los Angeles

CA

90071-1560

213

683-9238

kelly.klausmto.com

this 21st

day of March 2008

15