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

Filing 139

MOTION in Limine No. 3 to Exclude Testimony of Defendants' Witnesses as to Their Undertanding of the Meaning of the 1998 and 2003 Recording Agreements by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Marc Guilford, # 3 Exhibit A - Paterno Depo Excerpts, # 4 Exhibit B - Nieves Depo Excerpts, # 5 Exhibit C - Hoffman Depo Excerpts, # 6 Exhibit D - Rogell Depo Excerpts) (Busch, Richard)

EXHIBIT 1 DECLARATION OF MARC GUILFORD

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

DECLARATION OF MARC R. GUILFORD IN SUPPORT OF PLAINTIFFS' MOTION IN LIMINE No. 3 TO EXCLUDE TESTMIONY OF DEFENDANTS' WITNESSES AS TO THEIR UNDERSTANDING OF THE MEANING OF THE 1998 AND 2003 RECORDING AGREEMENTS

I, Marc R. Guilford, having personal knowledge of the facts contained in this declaration, state as follows: 1. I am an attorney and associate in the law firm of King & Ballow, which represents

plaintiffs Eight Mile Style, LLC and Martin Affiliated, LLC ("Plaintiffs") in the above-entitled action. I am familiar with the files in this litigation. 2. Attached hereto as Exhibit A are true and accurate excerpts from the deposition

of Peter Paterno taken on April 30, 2008.

1

3.

Attached hereto as Exhibit B are true and accurate excerpts from the deposition

of Marnie Nieves taken on June 5, 2008. 4. Attached hereto as Exhibit C are true and accurate excerpts from the deposition

of Rand Hoffman taken on May 22, 2008. 5. Attached hereto as Exhibit D are true and accurate excerpts from the deposition

of Lisa Rogell taken on May 5, 2008. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of September 2009.

/s/ Marc R. Guilford Marc R. Guilford

2

CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was served via the Court's Electronic Filing System:
Counsel
Daniel D. Quick, Esq. Dickinson Wright PLLC 38525 Woodward Ave Suite 2000 Bloomfield Hills, MI 48304 (t): [phone] (e): [e-mail] Kelly M. Klaus, Esq. Munger, Tolles & Olson LLP 355 South Grand Ave Suite 3500 Los Angeles, CA 90071-1560 (t): [phone] (e): [e-mail]

On behalf of
Apple Computer, Inc. and Aftermath Records d/b/a Aftermath Entertainment

this 14th day of September 2009. s/ Richard S. Busch

3