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

Filing 140

MOTION in Limine No. 4 to Exclude Testimony of Steven Marks by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Declaration of Marc Guilford, # 3 Exhibit A - Subpoena served on the HFA, # 4 Exhibit B Email from Kelly Klaus to Richard Busch, # 5 Exhibit C - FILED UNDER SEAL) (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. 4 TO EXCLUDE TESTMIONY OF STEVEN MARKS, EXECUTIVE VICE PRESIDENT AND GENERAL COUNSEL OF THE RIAA 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 is a true and accurate copy of the Notice of Issuance

for Subpoena served on The Harry Fox Agency, Inc. on July 16, 2009.

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3.

Attached hereto as Exhibit B is a true and accurate copy of an email from Kelly

Klaus to Richard Busch dated August 28, 2009. 4. Attached hereto as Exhibit C are true and accurate excerpts from the deposition

of Maurice Russell taken on August 11, 2008, which counsel for the Harry Fox Agency designated "Confidential." 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

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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

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