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

Filing 120

Emergency MOTION Emergency Motion To Resolve Discovery Issues by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Exhibit A - Declaration of Richard S. Busch, # 2 Exhibit 1-A Hearing Transcript, # 3 Exhibit B Declaration of Marc Guilford, # 4 Proposed Order) (Busch, Richard)

EXHIBIT 1
to DECLARATION OF RICHARD S. BUSCH

1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EIGHT MILE STYLE, LLC and MARTIN AFFILIATED, LLC, Plaintiffs, -VAPPLE COMPUTER, INC., and AFTERMATH RECORDS d/b/a AFTERMATH ENTERTAINMENT, Defendants, _____________________________/ Case Number: 07-13164

MOTIONS BEFORE THE HONORABLE ANNA DIGGS TAYLOR UNITED STATES DISTRICT JUDGE U. S. Courthouse & Federal Building 231 West Lafayette Boulevard West Detroit, Michigan 48226 THURSDAY, DECEMBER 4TH, 2008 APPEARANCES: For the Plaintiffs: For the Defendants: Court Reporter: Richard S. Busch, Esq. Kelly M. Klaus, Esq. Daniel D. Quick, Esq. Joan L. Morgan, CSR Official Court Reporter

Proceedings recorded by mechanical stenography. Transcript produced by computer-assisted transcription.

MOTIONS THURSDAY, DECEMBER 4TH, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 report.

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Response is that Mr. Sullivan drafted his expert The uncontradicted evidence is that he reviewed

these agreements as part of the preparation for the expert report. My office did working with him draft a report,

sent it to him for review and everything else, and he confirmed it. And there's no law that says you should At most, there are some

strike it under the circumstances.

gray issues, and that's basically it, your Honor. THE COURT: Any rebuttal? MR. KLAUS: The only rebuttal point is, your Honor, in his deposition he said he didn't know what they meant. It wasn't the case of the attorney helping the

expert, it was the case of something being done. THE COURT: It will be received, it is received and the motion's denied. Now, we have -MR. BUSCH: Plaintiffs' Motion to Exclude LateProduced Documents. THE COURT: Thank you. Let's go. MR. BUSCH: I apologize. Your Honor, our brief sets forth the chronology in this case, but just very briefly. The defendants in

this case did not deem it fit to serve Rule 26 disclosures on us. We served document requests and interrogatories in

JOAN L. MORGAN, OFFICIAL COURT REPORTER 313 964-5489

MOTIONS THURSDAY, DECEMBER 4TH, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 motion. MR. KLAUS: The -- two quick points, your Honor. In terms of -- this was done -- there were, indeed, discovery requests, as there is in every case. discovery that certainly asked for production -THE COURT: Were you prejudiced? MR. BUSCH: Yes. THE COURT: How? MR. BUSCH: Prejudiced this way, all of these documents were produced after the close of discovery. We've had absolutely no ability to challenge any of these

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licenses or do any of those things you would need to do -THE COURT: Would you like more discovery? MR. BUSCH: On that issue? Yes.

THE COURT: Well, you may have it. The motion -- well, go ahead, respond to the

The day of

our hearing before the magistrate judge in the case we came to an agreement about how these would be entered. It turns

out that the discovery cutoff -- it was known that there would be additional documents. This is the first time I've

heard Mr. Busch say that he would actually like additional discovery. I would point out just one other thing, your Honor, because -- we're not the only party that produced the documents after the close of discovery. There were

JOAN L. MORGAN, OFFICIAL COURT REPORTER 313 964-5489

MOTIONS THURSDAY, DECEMBER 4TH, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 documents that were produced by the plaintiffs -THE COURT: So do you need discovery? MR. KLAUS: Yes, yes, we do. THE COURT: All right. Everybody may have

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discovery for a month, right now, the month following this. MR. KLAUS: I think we have a joint request in terms of a timetable for discovery, your Honor, which is we are both involved in the Los Angeles case, F.B.T. That

case is scheduled -- the trial there is scheduled to start February the 3rd,a and we are -- both of us are in the unhappy situation right now of dealing with motions and pretrial filings and the like. THE COURT: I'm sure. MR. KLAUS: And I think that the problem for the next month is -THE COURT: All right. after that? MR. KLAUS: I think the reality -MR. BUSCH: April 1st. MR. KLAUS: I think that -THE COURT: April? MR. BUSCH: Our trial starts February 3rd and we're going to be in trial for probably two weeks. So once Do you need the month

we conclude that, 30 days after -- March 15th or so --

JOAN L. MORGAN, OFFICIAL COURT REPORTER 313 964-5489

MOTIONS THURSDAY, DECEMBER 4TH, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOAN L. MORGAN, OFFICIAL COURT REPORTER 313 964-5489 January 7th, 2009 S:/JOAN L. MORGAN, CSR Official Court Reporter Detroit, Michigan 48226 I, JOAN L. MORGAN, Official Court Reporter for the United States District Court for the Eastern District THE COURT: Court is in recess. (Proceedings concluded, 11:25 a.m.) -- --- -CERTIFICATE

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of Michigan, appointed pursuant to the provisions of Title 28, United States Code, Section 753, do hereby certify that the foregoing proceedings were had in the within entitled and number cause of the date hereinbefore set forth, and I do hereby certify that the foregoing transcript has been prepared by me or under my direction.