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

Filing 128

MOTION for Order to Exclude Plaintiffs' Late-Disclosed Claim of Entitlement to Profits from Sales of iPods by Apple Inc. Under FRCP 37, Settled Copyright Law, and FRE 702 by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Lemoine, Melinda)

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 DEFENDANTS' MOTION TO EXCLUDE PLAINTIFFS' LATE-DISCLOSED CLAIM OF ENTITLEMENT TO PROFITS FROM SALES OF IPODS BY APPLE INC. UNDER FED. R. CIV. P. 37, SETTLED COPYRIGHT LAW, AND FED. R. EVID. 702 Daniel D. Quick Dickinson Wright PLLC 38525 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304 [phone] [e-mail] P48109 Melinda Eades LeMoine Munger, Tolles & Olson LLP 355 South Grand Avenue Suite 3500 Los Angeles, CA 90071-1560 [phone] [e-mail] Attorneys for Defendants Case No. 2:07-CV-13164 Honorable Anna Diggs Taylor Magistrate Judge Donald A. Scheer

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INDEX OF EXHIBITS

Exhibit 1: Exhibit 2:

Plaintiffs' Initial Disclosures, dated February 12, 2008 Excerpts of transcript pages from the deposition of Eddy Cue taken on June 20, 2008 (Filed Under Seal)

Exhibit 3:

Expert Report by Gary Cohen, dated July 3, 2009 (Filed Under Seal)

Exhibit 4:

Letter from Melinda LeMoine to Richard Busch, dated July 24, 2009

Exhibit 5:

Email from Marc Guilford to Melinda LeMoine et al., dated August 3, 2009

Exhibit 6:

Excerpts of transcript pages from the deposition of Gary Cohen taken on August 12, 2009 (Filed Under Seal)

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