Virgin Records America, Inc v. Thomas

Filing 87

Virgin Records America, Inc v. Thomas

Doc. 87

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

VIRGIN RECORDS AMERICA, INC., a California corporation; 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 IN OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE TO PRECLUDE DEFENDANT FROM MAKING UNFOUNDED PREJUDICIAL STATEMENTS TO THE JURY (DOCKET NO. 82)

Brian N. Toder declares as follows: 1. declaration. 2. Attached hereto as Exhibit A is a true and correct photocopy of a I am counsel to defendant above-named, and this is my

summary of an article authored by Anders Bylund, dated September 24, 2007, in the "Motley Fool," a well-respected internet investment website identified as http://www.fool.com http://www.fool.com. 3. Attached hereto as Exhibit B is the entire article.

Dockets.Justia.com

4.

This article is typical of hundreds of articles that appear in various

forms that are probative of the fact that plaintiffs in the above-entitled matter use a shotgun approach and carelessly target potential defendants. 5. Accordingly, defendant opposes plaintiffs' Motion, however,

defendant will not represent to the jury that "plaintiffs selection of defendants are typically lower income." 6. With respect to the other statement deemed prejudicial by

plaintiffs, defendant has no intention of making that statement or any other statement unless there will be evidence at trial to support the same.

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 25th day of September, 2007 in Minneapolis, Minnesota.

Dated: September 25, 2007

CHESTNUT & CAMBRONNE, P.A.

By /s Brian N. Toder Brian N. Toder #17869X 3700 Campbell Mithun Tower 222 South Ninth Street Minneapolis, MN 55402 [phone] Fax [phone] ATTORNEYS FOR DEFENDANT

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