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

Filing 116

NOTICE by Eight Mile Style, LLC, Martin Affiliated, LLC re 74 Response to Motion,,,,,,,,,,,,, Notice of Filing Supplemental Evidence (Attachments: # 1 Exhibit 1 - Deposition Pages) (Busch, Richard)

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

Doc. 116

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 Defendant. Howard Hertz, Esq. (P26653) Jay G. Yasso, Esq. (P45484) Hertz Schram PC 1760 S. Telegraph Rd., Suite 300 Bloomfield Hills, MI 48302 [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Richard S. Busch (TN BPR#14594) King & Ballow 1100 Union Street Plaza 315 Union Street Nashville, TN 37201 [phone] [e-mail] Attorneys for Plaintiffs Case No. 2:07-cv-13164 Hon. Anna Diggs Taylor Magistrate Judge Donald A. Scheer

PLAINTIFFS EIGHT MILE STYLE, LLC AND MARTIN AFFILIATED, LLC'S NOTICE OF FILING OF SUPPLEMENTAL EVIDENCE Plaintiffs Eight Mile Style, LLC ("Eight Mile") and Martin Affiliated, LLC ("Martin") (collectively "Plaintiffs") hereby submit this Notice of Filing of Supplemental Evidence in support of their Memorandum in Opposition to Defendants' Motion for Summary Judgment. 1. Defendants Apple, Inc. and Aftermath Records d/b/a Aftermath Entertainment filed

their Revised Motion for Summary Judgment on July 28, 2008. (Doc. No. 66.) Plaintiffs filed their Memorandum in Opposition to Defendants' Motion for Summary Judgment on August 28, 2008. (Doc. No. 74.) Defendants filed their Reply brief on October 15, 2008. (Doc. No. 94.)

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On August 12, 2008, plaintiffs served defendants with their Rule 26(a)(2) expert

disclosures. Defendants served rebuttal disclosures pursuant to Rule 26(a)(2) on September 11, 2008. 3. Defendants identified Peter Paterno in their expert disclosures as an individual who

would offer expert testimony regarding controlled composition clauses in artist recording agreements, and as the individual who would offer evidence to contradict or rebut evidence offered by plaintiffs' expert witnesses. 4. Plaintiffs requested that Mr. Paterno be made available for deposition, and Mr.

Paterno was finally deposed on Thursday, November 20, 2008. 5. Attached hereto as Exhibit 1 is a short excerpt of the transcript of Mr. Paterno's

deposition, pages 79:4-80:14 of which, concerning defendants' practice of sending "license request letters" to publishers when controlled composition language is ambiguous, are relevant to plaintiffs' Opposition to defendants' Motion for Summary Judgment. 6. Plaintiffs respectfully request that the Court take notice of their citation to this

supplemental authority.

DATED: December 3, 2008

___/s/ Richard S. Busch_________________ Richard S. Busch (TN Bar No. 014594) 1100 Union Street Plaza 315 Union Street Nashville, TN 37201 [phone] [e-mail]

__/s/ Howard Hertz_____________________ Howard Hertz, Esq. (P26653) Jay G. Yasso, Esq. (P45484) 2

Hertz Schram PC 1760 S. Telegraph Rd., Suite 300 Bloomfield Hills, MS 48302 (t): [phone] (e): [e-mail] (e): [e-mail] Attorneys for Plaintiffs

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