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

Filing 145

MOTION in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Marc Guilford, # 3 Exhibit A - FILED UNDER SEAL, # 4 Exhibit A-1: Chart listing defendants exhibits that do not pertain to permanent downloads, # 5 Exhibit B - FILED UNDER SEAL, # 6 Exhibit B-1: List of defendants' exhibits that don't purport to grant rights for permanent downloads, # 7 Exhibit C - FILED UNDER SEAL, # 8 Exhibit C-1 Defendants' Exhibits that are unsigned or incomplete licenses, # 9 Exhibit D FILED UNDER SEAL, # 10 Exhibit D-1 Defendants' exhibits that are licenses issued to third parties) (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 #5 to Exclude Unsigned/Incomplete Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties

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 correct copy of Defendants' Exhibit

2487, which is Bates stamped AFT 0063849 through AFT 0063850, which is being filed under seal. 1

3.

Attached hereto as Exhibit A-1 is a list of documents ion Defendants' exhibit list

issued by the Harry Fox Agency that do not pertain to permanent downloads. 4. Attached hereto as Exhibit B is a true and correct copy of Defendants' Exhibit

2210, which is Bates stamped AFT 0063230 through AFT 0063232, which is being filed under seal. 5. Attached hereto as Exhibit B-1 is a list of licenses on Defendants' exhibit list that

purport to grant licenses for configurations other than permanent download. 6. Attached hereto as Exhibit C is a true and correct copy of Defendants' Exhibit

2260, which is Bates stamped AFT 63715 through AFT 0063716. Exhibit C is being filed under seal. 7. Attached hereto as Exhibit C-1 is a list of documents on Defendants' exhibit list

that are license requests, unsigned licenses, or purported licenses that are incomplete for other reasons. 8. Attached hereto as Exhibit D is a true and correct copy of Defendants' Exhibit

2479, which is Bates stamped ENSIGN-0000043. Exhibit D is being filed under seal. 9. Attached hereto as Exhibit D-1 is a list of documents on Defendants' exhibit list

that purport to grant licenses to parties other than Defendants.

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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