Virgin Records America, Inc v. Thomas

Filing 110

Declaration of Brian N. Toder in Support of 109 MOTION for New Trial or in the Alternative, for Remittitur filed by Jammie Thomas. (Attachments: # 1 Exhibit(s) 1)(Toder, Brian) Modified on 10/16/2007 (jc).

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Virgin Records America, Inc v. Thomas Doc. 110 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA CAPITOL RECORDS INC., a Delaware corporation; SONY BMG MUSIC ENTERTAINMENT, a Delaware general partnership; ARISTA RECORDS LLC, a Delaware limited liability company; INTERSCOPE RECORDS, a California general partnership; WARNER BROS. RECORDS INC., a Delaware corporation; and UMG RECORDINGS, INC., a Delaware corporation, Plaintiffs, v. Jammie Thomas, Defendant. Case No. 06-cv-1497 (MJD/RLE) DECLARATION OF BRIAN N. TODER Brian N. Toder declares as follows: 1. 2. I am counsel to defendant above-named, and this is my declaration. This Declaration is offered in support of Defendant's Motion for New Trial, or in the Alternative, for Remittitur. 3. Attached hereto, and marked as Exhibit 1, is a true and correct copy of an Affidavit by Aram Sinnreich, a music industry analyst, Docket No. 37-3, in UMG Recordings Inc. v. Lindor, E.D.N.Y., 05-cv-1095. I declare under penalty of perjury under the laws of the United States of America, particularly 28 U.S.C. § 1746, that the foregoing is true and correct and that this Declaration was executed on the 15th day of October, 2007 in Minneapolis, Minnesota. 1 Dockets.Justia.com Dated: October 15, 2007 s/ Brian N. Toder Brian N. Toder, #17869X Chestnut & Cambronne, P.A. 3700 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 (651) 653-0990 Attorneys for Defendant 2

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