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

Filing 92

REPLY to Response re 80 MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment MOTION Exclude Late Produced Documents re 66 Renewed MOTION for Summary Judgment [CORRECTED REPLY BRIEF REPLACING DOC. NO. 80] filed by Eight Mile Style, LLC, Martin Affiliated, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Richard Busch, # 3 Exhibit 1A - Excerpts of Blair Deposition, # 4 Exhibit 1B - Plaintiffs' Emails to Defendants, # 5 Exhibit 1C - Defendants' Reply to Emails from Plaintiffs, # 6 Exhibit 2 - Declaration of Howard Hertz) (Busch, Richard)

DECLARATION OF RICHARD S. BUSCH IN SUPPORT OF PLAINTIFFS' MOTION TO EXCLUDE LATE PRODUCED DOCUMENTS

EXHIBIT 1-C: Defendants' responses to emails from plaintiffs

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

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Marc Guilford
From: Sent: To: Cc: Pomerantz, Glenn [[e-mail]] Friday, May 30, 2008 7:31 PM Marc Guilford Richard Busch

Subject: FW: Ostroff deposition Marc: I think our emails may have crossed. I just sent this email to Richard, and he responded that June 5 may work for him and that we would speak on Monday.
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You have asked for an alternative date for Mr. Ostroff, because June 13 does not work for you. I am informed that Mr. Ostroff is available for deposition in Los Angeles on Thursday, June 5. We don't agree with your views on our interrogatory responses and Initial Disclosures that you expressed in your email earlier today. We do not have an obligation now to tell you what subject matters Mr. Ostroff will testify about at trial. In any event, we have not made the decision whether to call Mr. Ostroff as a trial witness in either the FBT or Eight Mile case. We have simply informed you that we reserve the right to do so in both cases and will make him available for deposition before June 28. I can, however, provide you with some information about his relevant knowledge. First, you can look at the testimony of other witnesses who have already been deposed to understand some issues upon which Mr. Ostroff has knowledge. Second, we may designate Mr. Ostroff as a 30b6 witness on one or more subject matters included in the 30b6 notice that you served on Aftermath in the Eight Mile case. If we plan on doing so, we will identify the subject matters for you prior to the deposition. Third, as for the Eight Mile case, Mr. Ostroff does have knowledge of controlled composition clauses and some of the reasons for certain practices in Universal's copyright department. This is not intended as an exhaustive list of his relevant knowledge, but it should give you some indication of some areas of inquiry.

10/3/2008