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

Filing 134

RESPONSE to 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 filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Marc Guilford, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F) (Busch, Richard)

DECLARATION OF MARC R. GUILFORD

EXHIBIT D

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

Page 1 of 1

Linda Ryman
From: Sent: To: Cc: Marc Guilford Thursday, February 26, 2009 8:23 PM Pomerantz, Glenn; Klaus, Kelly; LeMoine, Melinda Richard Busch; Howard Hertz

Subject: Eight Mile v. Apple -- Discovery Counsel,

Defendants previously objected to certain of plaintiffs' discovery requests concerning damages as being "premature." In light of the judge's denial of your bifurcation motion, defendants must respond to those portions of Plaintiffs' First Set of Interrogatories and First Set of Requests for the Production of Documents to both Aftermath and Apple pertaining to damages. Specifically, without agreeing to limit the generality of defendants' obligations under the Federal Rules of Procedure to supplement all discovery responses, plaintiffs ask for responses to: Interrogatories 11, 12, 13 and 14 to Aftermath; Document Requests 4, 14, 15, 16 and 19 to Aftermath; Interrogatories 11, 12, 13, and 14 to Apple; Document Requests 4, 14, 15, 16, 17, 18 and 19 to Apple. Both defendants refused entirely to respond to to these interrogatories and document requests. In addition as I told Mindy in the courtroom yesterday, I hand delivered our second sets of interrogatories and document requests on Tuesday, February 17. I was sent to the mailroom and dropped them off with someone there; I told that person they should be directed to Mr. Pomerantz.
Marc R. Guilford King & Ballow 315 Union Street, Suite 1100 Nashville, TN 37201 Phone: [phone] Fax: [phone]

9/3/2009