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

Filing 111

REPLY to Response re 108 Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,,Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, filed by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 3: Declaration of Melinda E. LeMoine, # 3 Exhibit 3-A: Declaration of Patrick Sullivan in Opposition to Motion for Summary Judgment of Defendants Apple Computer, Inc. and Aftermath Records d/b/a Aftermath Entertainment dated August 28, 2008 (Filed Under Seal), # 4 Exhibit 3-B: Expert Report by Patrick F. Sullivan, M.A. dated August 12, 2008 (Filed Under Seal), # 5 Exhibit 3-C: Email from Howard Hertz to Daniel Quick, Kelly Klaus, Melinda LeMoine, Richard Busch, Marc Guilford, et. al., dated July 18, 2008, # 6 Exhibit 3-D: Email from Marc Guilford to Patrick Sullivan, cc to Richard Busch, dated August 12, 2008 (Filed Under Seal), # 7 Exhibit 3-E: Email from Patrick Sullivan to Marc Guilford, cc to Richard Busch, Mark Levinsohn and Ramona DeSalvo, dated August 12, 2008 (Filed Under Seal), # 8 Exhibit 3-F: Letter from Kelly Klaus to Richard Busch and Howard Hertz dated April 4, 2008, # 9 Exhibit 3-G: Email from Richard Busch to Kelly Klaus dated April 18, 2008, # 10 Exhibit 3-H: Letter from Richard Busch to Kelly Klaus dated April 21, 2008, # 11 Exhibit 3-I: Letter from Kelly Klaus to Richard Busch dated October 2, 2008, # 12 Exhibit 3-J: Letter from Kelly Klaus to Richard Busch dated October 23, 2008) (Lemoine, Melinda)

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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. __________________________________/ INDEX OF EXHIBITS TO DEFENDANT AFTERMATH RECORDS AND APPLE, INC.'S REPLY BRIEF IN SUPPORT OF DEFENDANTS' 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 (P48109) Dickinson Wright PLLC 38525 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304 (248) 433-7200 dquick@dickinsonwright.com Melinda E. LeMoine Munger, Tolles & Olson LLP 355 South Grand Avenue Suite 3500 Los Angeles, CA 90071-1560 (213) 683-9171 melinda.lemoine@mto.com Attorneys for Defendants Case No. 2:07-CV-13164 Honorable Anna Diggs Taylor Magistrate Judge Donald A. Scheer 6290959.1 INDEX OF EXHIBITS Exhibit 3: Declaration of Melinda E. LeMoine Exhibit A: Declaration of Patrick Sullivan in Opposition to Motion for Summary Judgment of Defendants Apple Computer, Inc. and Aftermath Records d/b/a Aftermath Entertainment dated August 28, 2008 (Filed Under Seal) Exhibit B: Expert Report by Patrick F. Sullivan, M.A. dated August 12, 2008 (Filed Under Seal) Exhibit C: Email from Howard Hertz to Daniel Quick, Kelly Klaus, Melinda LeMoine, Richard Busch, Marc Guilford, et. al., dated July 18, 2008 Exhibit D: Email from Marc Guilford to Patrick Sullivan, cc to Richard Busch, dated August 12, 2008 (Filed Under Seal) Exhibit E: Email from Patrick Sullivan to Marc Guilford, cc to Richard Busch, Mark Levinsohn and Ramona DeSalvo, dated August 12, 2008 (Filed Under Seal) 6290959.1 1 Exhibit F: Letter from Kelly Klaus to Richard Busch and Howard Hertz dated April 4, 2008 Exhibit G: Email from Richard Busch to Kelly Klaus dated April 18, 2008 Exhibit H: Letter from Richard Busch to Kelly Klaus dated April 21, 2008 Exhibit I: Letter from Kelly Klaus to Richard Busch dated October 2, 2008 Exhibit J: Letter from Kelly Klaus to Richard Busch dated October 23, 2008 6290959.1 2

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