Vargas et al v. Pfizer Inc. et al

Filing 146

DECLARATION of Julie A. Ahrens in Support re: 141 MOTION for Attorney Fees and Costs.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit H part 2# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P# 18 Exhibit Q# 19 Exhibit R# 20 Exhibit S# 21 Exhibit T# 22 Exhibit U# 23 Exhibit V# 24 Exhibit W# 25 Exhibit X# 26 Exhibit Y# 27 Exhibit Z# 28 Exhibit Z part 2# 29 Exhibit AA# 30 Exhibit BB# 31 Exhibit CC# 32 Exhibit DD# 33 Exhibit EE# 34 Exhibit FF)(Falzone, Anthony)

Vargas et al v. Pfizer Inc. et al

Doc. 146 Att. 2

EXHIBIT B

Dockets.Justia.com

Page 102
12:02:35 12:02:39 12:02:56 12:02:59 12:03:01 12:03:04 12:03:17 12:03:18 12:03:22 12:03:23 12:03:25 12:03:26 12:03:31 12:03:36 12:03:38 12:03:43 12:03:47 12:03:49 12:03:52 12:03:52 12:03:59 12:04:00 12:04:06 12:04:09 12:04:11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 104
12:05:23 12:05:30 12:05:31 12:05:34 12:05:37 12:05:39 12:05:40 12:05:41 12:05:44 12:05:46 12:05:51 12:05:52 12:05:59 12:06:02 12:06:08 12:06:10 12:06:19 12:06:24 12:06:27 12:06:33 12:06:35 12:06:36 12:06:37 12:06:38 12:06:39
12:06:39 12:06:40 12:06:47 12:06:51 12:06:53 12:06:58 12:06:59 12:07:02 12:07:06 12:07:08 12:07:10 12:07:12 12:07:13 12:07:15 12:07:18 12:07:19 12:07:20 12:07:22 12:07:28 12:07:29 12:07:29 12:07:35 12:07:36 12:07:43 12:07:43

BLAND-RICKY ROBERTS A. Yes. Q. How many copies of Funky Drummer I were sold? A. About 3,000, 3,500, somewhere in there. Q. How long was Funky Drummer I offered for sale? A. Not very long. That's why there was a Funky Drummer II. Q. Okay. A. Because that particular record was a grass roots effort between Ralph and myself. More so myself than Ralph where, you know, I gave X amount of pieces to Indi. I gave X amount of pieces to various, what would be independent record stores where I was kind of selling it out of the trunk of the car, if you would. Q. Right. A. Within a week's time those units that I had, you know, given to those independent stores had sold. I mean this thing flew off the shelves. They were specialty record stores because you would have

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS Q. Was Funky Drummer II ever released on any other media other than vinyl? A. No. Q. Never on compact disk? A. No. Q. Never on cassette tape? A. No. Q. Who pressed the vinyl for Funky Drummer I? A. That is a good question, I don't remember whether I used Metropolitan, whether I used a pressing plant in Brooklyn, the name slips me right now. That really escapes me. I don't remember that name or if I used the Florida Records. I don't remember who I used for that. I don't remember who I used for I or II to be honest with you. Q. So for Funky Drummer I it could have been Metropolitan you said? A. Uh-huh. Q. Another place in Brooklyn. A. Yes. I don't remember that name, though. Q. And another place in Florida?
Page 105
BLAND-RICKY ROBERTS A. Florida Press. I think it was called Florida Press I think it was called. Q. Was Funky Drummer II pressed by the same company that pressed Funky Drummer I? A. Not necessarily. But I don't remember right now. Q. Okay. Were there any other companies who could have pressed Funky Drummer II? A. No. Q. Mr. Vargas had mentioned that he thought it was pressed in Brooklyn. Does that refresh your recollection? MR. CHIN: Objection. A. Well, I said Brooklyn but I don't remember the name of the company. I don't remember. Q. Do you know if that company is still in business? A. No, I don't. Q. How many copies of Funky Drummer I were pressed at first? A. At first? Q. Yes.

Page 103
12:04:11 12:04:13 12:04:16 12:04:22 12:04:27 12:04:31 12:04:48 12:04:49 12:04:56 12:04:57 12:04:58 12:05:01 12:05:03 12:05:05 12:05:07 12:05:07 12:05:08 12:05:09 12:05:11 12:05:12 12:05:14 12:05:15 12:05:18 12:05:20 12:05:23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS the production guys go there and the rappers would go there. People who were into like record production, artists, you know, we had people like D'Angelo bought it. Major guys at the time bought that record. Q. What format was Funky Drummer I sold in? A. Both albums, strictly vinyl. Q. At any point when I am asking questions about Funky Drummer I and II and your answer applies to both, if you can answer it that way, that's fine. I am going to ask it individually so it is not a compound question. A. Okay. Q. But if you answer, that's fine we can save time that way if it is the same. A. Okay. Q. So Funky Drummer I and II were both on vinyl? A. Uh-huh. Q. Was Funky Drummer I ever released on any other media? A. We didn't release on any other.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

27 (Pages 102 to 105)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 110
12:12:23 12:12:26 12:12:30 12:12:34 12:12:38 12:12:39 12:12:42 12:12:45 12:12:48 12:12:53 12:12:54 12:12:55 12:12:58 12:13:02 12:13:02 12:13:02 12:13:06 12:13:08 12:13:11 12:13:13 12:13:15 12:13:16 12:13:20 12:13:20 12:13:28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 112
12:14:38 12:14:39 12:14:43 12:14:44 12:14:50 12:14:54 12:14:56 12:14:56 12:15:17 12:15:18 12:15:22 12:15:23 12:15:24 12:15:26 12:15:29 12:15:33 12:15:34 12:15:36 12:15:39 12:15:44 12:15:44 12:15:48 12:15:49 12:15:50 12:15:52 12:15:52 12:15:55 12:15:57 12:15:59 12:16:06 12:16:11 12:16:14 12:16:16 12:16:18 12:16:24 12:16:27 12:16:31 12:16:34 12:16:37 12:16:38 12:16:41 12:16:43 12:16:45 12:16:46 12:16:49 12:16:51 12:16:59 12:17:01 12:17:04 12:17:05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS untested I would go with 1,000. But Ralph was so emphatic, he believed, I said, okay, we will go 1,500. Q. Just general information, when you press a record, is there a minimum that you have to have pressed, for example, you couldn't go -- sorry, could you go and say I want five copies of this, press the vinyl? A. I doubt if you would do that, it is too expensive. Q. Was there like a minimum threshold number for manufacturers? MR. CHIN: Objection. You can answer. A. For the manufacturer the numbers that they quote when they give you their pricing sheet start with like 100 or 500. So I would say that would be your minimum, I would say. Q. Then the first pressing of Funky Drummer II, you said it was 1,500 copies; right? A. Yes. Yes. Q. How many pressings of Funky

BLAND-RICKY ROBERTS out of business. Q. How soon before going out of business was Funky Drummer II pressed? A. I don't know. Q. Was it a year before? MR. CHIN: Objection. A. I don't know. Q. Who decided how many copies of Funky Drummer II would be pressed? A. I did. Q. Was anyone else involved in that decision? A. No. It was mostly me. I mean Ralph, you know, being excited about it, but I made the determination. Q. For Funky Drummer II did you receive an invoice from the manufacturer for any of the three pressings? MR. CHIN: Objection. You can answer. A. I would assume so. Q. Okay. A. I just don't remember whether, you know, it was the cash and carry as I
Page 113

Page 111

12:13:28 12:13:29 12:13:31 12:13:34 12:13:39 12:13:41 12:13:43 12:13:45 12:13:46 12:13:47 12:13:48 12:13:49 12:13:52 12:13:53 12:13:54 12:14:05 12:14:07 12:14:13 12:14:15 12:14:15 12:14:21 12:14:23 12:14:25 12:14:34 12:14:38

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS Drummer II were made? A. There was three because of the demand for the record. Q. So, how many copies of Funky Drummer II were pressed? A. 4,000. Q. So there was the first one of 1,500. A. Correct. Q. Then the second pressing? A. 2,000. Q. Then the third pressing? A. 500. Q. 500. What is the time frame between the first pressing and the last pressing? A. A month, maybe. A month. Q. One month? A. Yeah. A month. Q. So, do you remember when Funky Drummer II was first pressed? A. No. Q. Do you recall the year? A. No. But it was prior to going

BLAND-RICKY ROBERTS stated earlier or if it was a situation -- I would tend to believe there was a receipt because I had to get with Ralph on costs. Q. Okay. What were the costs of pressing the Funky Drummer II album? A. I don't know back then. I couldn't tell you. Q. Do you have a sense, was it charged per unit? A. Yes. It was a per unit price. Q. For 1,500 copies of the album would it cost $8 per album? A. No. MR. CHIN: Objection. Objection. You can answer. A. No, it wouldn't have cost $8 per. I just don't remember what the pressing price was then. It was like you always fought to get the best price. So somewhere around $1, $1.10, $1.15. In there. Q. You said you had to get with Mr. Vargas regarding the costs; what do you mean by that? A. Well, I would account to him

29 (Pages 110 to 113)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 118
12:20:39 12:20:41 12:20:43 12:20:48 12:20:50 12:20:53 12:20:56 12:20:58 12:20:59 12:21:00 12:21:00 12:21:02 12:21:05 12:21:07 12:21:09 12:21:11 12:21:12 12:21:14 12:21:19 12:21:20 12:21:25 12:21:31 12:21:32 12:21:33 12:21:37
12:21:37 12:21:40 12:21:51 12:21:53 12:21:54 12:22:00 12:22:01 12:22:05 12:22:07 12:22:08 12:22:09 12:22:12 12:22:13 12:22:14 12:22:16 12:22:17 12:22:22 12:22:22 12:22:25 12:22:27 12:22:29 12:22:32 12:22:35 12:22:46 12:22:48

Page 120

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS Objection. Now you can answer. A. No. I didn't. See, what I was saying to you earlier in me telling him about the expenses and him having to pay for them, he would pay for them out of the money that say I would get from XYZ store. Q. Okay. A. Then I would take that money back. Q. Okay. A. Okay. But in terms of him like seeing the documents, they were there if he needed to see them, but for the most part, I don't think he did see them. Q. Okay. A. I did what I had to do to run a record company. Q. Those documents you referred to, those would be, for example, invoices from the manufacturer or receipt? MR. CHIN: Objection. A. Could be that or other invoices that may have, monies that may have been spent. Recording and this, that and the
Page 119
BLAND-RICKY ROBERTS other. Q. Do you have, did you keep copies of any of those documents reflecting the number of copies of Funky Drummer II that were manufactured? A. If in fact I did receive them, I would have had a copy back then. I don't have one now. Q. Okay. Does anyone else have a copy of those documents? A. Not to my knowledge. Q. Would you know about it if someone else did have a copy of those documents? MR. CHIN: Objection. You can answer. A. I would want to say yes, but the answer would actually have to be no. If someone from their organization that made the Records, pressed the Records, if they had a copy, I wouldn't know that. Q. Okay. Would you have written notes or any other, you know, memorialization of the number of, an accounting of the number

12:22:48 12:22:51 12:23:01 12:23:01 12:23:06 12:23:07 12:23:07 12:23:13 12:23:14 12:23:17 12:23:20 12:23:24 12:23:24 12:23:27 12:23:28 12:23:33 12:23:39 12:23:41 12:23:41 12:23:42 12:23:43 12:23:46 12:23:49 12:23:55 12:23:55
12:23:55 12:23:58 12:23:59 12:24:03 12:24:04 12:24:10 12:24:13 12:24:15 12:24:18 12:24:20 12:24:21 12:24:31 12:24:32 12:24:34 12:24:37 12:24:40 12:24:41 12:24:42 12:24:44 12:24:46 12:24:48 12:24:49 12:24:53 12:24:55 12:24:58

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS of copies that you pressed? MR. CHIN: Objection. A. I don't know. Written notes today? Q. Yes. A. No. No. Q. Are the numbers you are saying for pressing of Funky Drummer II, are you relying only on your memory to testify to those numbers? MR. CHIN: Objection. A. Pretty much. Q. Other than your memory what else are you relying on to say that 4,000 copies of Funky Drummer II were pressed? A. It would strictly be memory. Q. Anything else? A. No. Q. There is nothing else other than your memory that you're relying on to testify to the number of copies of Funky Drummer II that were pressed? MR. CHIN: Objection. Q. You can answer.
Page 121
BLAND-RICKY ROBERTS A. Nothing but my memory. Q. Did you review any documents at all that gave you that number? A. No. It's all recollection. Q. So if your memory was mistaken, there is no other way to know the total number of copies of Funky Drummer II that were pressed? MR. CHIN: Objection. A. Correct. Q. I will go through the same thing for Funky Drummer I. Are you relying solely on your memory to testify to the number of copies that were pressed of Funky Drummer I? A. Yes. Q. Is there anything else? MR. CHIN: Objection. A. No. Q. Did you review any documents that gave you, that got you to the number 3,000 for the copies of Funky Drummer I that were pressed? MR. CHIN: Objection.

31 (Pages 118 to 121)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 150
13:32:26 13:32:27 13:32:42 13:32:43 13:32:46 13:33:07 13:33:12 13:33:14 13:33:16 13:33:18 13:33:24 13:33:26 13:33:29 13:33:45 13:33:48 13:33:55 13:34:07 13:34:09 13:34:13 13:34:16 13:34:25 13:34:26 13:34:39 13:34:42 13:34:47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 152
13:36:37 13:36:39 13:36:39 13:36:41 13:36:45 13:36:50 13:36:56 13:36:58 13:37:03 13:37:05 13:37:16 13:37:18 13:37:22 13:37:25 13:37:26 13:37:30 13:37:31 13:37:36 13:37:38 13:37:41 13:37:42 13:37:45 13:37:50 13:37:51 13:37:54
13:37:54 13:37:57 13:37:59 13:38:01 13:38:03 13:38:04 13:38:09 13:38:11 13:38:17 13:38:20 13:38:20 13:38:24 13:38:31 13:38:33 13:38:37 13:38:42 13:38:51 13:38:52 13:38:54 13:38:58 13:38:59 13:39:13 13:39:13 13:39:13 13:39:13

BLAND-RICKY ROBERTS house. Do you still have any copies of Funky Drummer Volume I? A. No. Q. Do you know -- strike that. Where were copies of Funky Drummer Volume II housed after they were pressed? A. Same as Volume I, they were housed with me. Q. And do you have any copies of Funky Drummer Volume II? A. No. Q. When was Funky Drummer I first offered for sale? A. Dates, I don't remember. Q. Sorry, I just want to step back for one minute. On the copies of Funky Drummer Volume I, do you know where any copies of that album might be? A. Presently? Q. Yes. A. No, I couldn't give you an honest answer on that. Q. For Funky Drummer Volume II do

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS A. Yes. Q. Who was that? A. It was originally registered by Jane Peterer who was my, she was our agent for -- she was my publisher. And then it was later amended and that was registered by my attorney. Q. I am going to show you what has been marked Defendants' Exhibit 3. Do you recognize this document? A. Yes. Q. What is it? A. It is the Certificate of Registration of an SR Form, which stands for sound recording with the United States government, Copyright Office. Q. Do you see there in block number 1 where it says "title of this work?" A. Yes. Q. What does it say there? A. "Funky Drummer Volume II." Q. Is this the Certificate of Registration for the sound recording of Funky Drummer Volume II?
Page 153
BLAND-RICKY ROBERTS A. Sorry, I didn't hear you. Q. Is this the Certificate of Registration for the sound recording in Funky Drummer Volume II? A. Yes, it is. Q. Do you see there in block number 3 toward the bottom 3A it says "year in which creation of this work was completed?" A. Uh-huh. Q. What does it say there? A. "1994." Q. Does that refresh your recollection as to when the Funky Drummer Volume II was completed? A. Well, it says here 1994. Q. Do you remember, can you tell me when Funky Drummer Volume II was offered for sale? A. It would have been shortly thereafter the registration of this document. Q. You see there in 3B where it says the date and nation of the first publication of this particular work was February 11, 1994; do you see that?

Page 151
13:34:47 13:34:49 13:34:53 13:34:56 13:35:20 13:35:26 13:35:28 13:35:29 13:35:30 13:35:32 13:36:00 13:36:02 13:36:03 13:36:04 13:36:07 13:36:10 13:36:16 13:36:17 13:36:20 13:36:21 13:36:30 13:36:30 13:36:34 13:36:36 13:36:37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS you know where any copies of that album are presently? A. No. Q. You registered a copyright in the sound recording for Funky Drummer Volume II; didn't you? A. Yes. Q. Do you remember when that was? A. No. Can I ask you a question based on my last answer? Q. Sure. A. You asked me did I register a copy. I answered yes. Now would that include my agents, the person acting on my behalf to register that or was that me personally. Q. Do you personally have a copyright in the sound recording for Funky Drummer Volume II? A. Yes, I do. Q. Did you register that copyright? You personally. A. No. Q. Someone acting on your behalf register that copyright?

39 (Pages 150 to 153)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 154
13:39:13 13:39:17 13:39:21 13:39:28 13:39:31 13:39:32 13:39:34 13:39:34 13:39:38 13:39:40 13:39:45 13:39:46 13:39:49 13:39:50 13:39:53 13:39:55 13:39:56 13:39:57 13:40:02 13:40:05 13:40:06 13:40:17 13:40:22 13:40:23 13:40:24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 156
13:41:39 13:41:41 13:41:51 13:41:52 13:41:55 13:41:57 13:42:00 13:42:11 13:42:12 13:42:15 13:42:17 13:42:25 13:42:26 13:42:28 13:42:28 13:42:30 13:42:32 13:42:33 13:42:36 13:42:38 13:42:41 13:42:44 13:42:47 13:42:55 13:42:58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS A. Yes, uh-huh. Q. So, does that date on this form reflect when Funky Drummer II was released for sale? MR. CHIN: Objection. You can answer. A. It says February 11, 1994. Q. What does that mean to you when it says "date of first publication, date and nation of this first publication of this work?" MR. CHIN: Objection. The issue of whether publication is a legal term. But he can still answer. Q. To the extent you know. A. Publication would be the time in which it is distributed or produced. Q. Okay. A. It states here it was done on that date, so I would imagine that's the date. Q. Is Funky Drummer Volume I, sorry -- strike that. Do you have any reason to doubt the date that is on this form, that that's

BLAND-RICKY ROBERTS Volume I offered for sale on the internet? A. What site was that? It was on one of those sites like an eBay site. Q. Was it eBay? A. I'm not a hundred percent sure, but it was a site similar to that. Q. Was that a copy of the Funky Drummer Volume I the vinyl copy? A. Yes, it was vinyl. Q. When did you see that for sale? A. When we first started this case. Q. When was that? A. We have been doing this, what, two years now. So it had to be about two years ago. Q. About 2004? A. If we been doing this case for two years -- it is either 2004, 2005. It is whatever the time frame is that we've been pursuing this case I saw it just prior to that. Q. Okay. Since then have you seen Funky Drummer Volume I offered for sale on the

Page 155
13:40:24 13:40:29 13:40:30 13:40:36 13:40:38 13:40:43 13:40:48 13:40:51 13:40:54 13:40:54 13:40:55 13:40:56 13:40:59 13:41:03 13:41:06 13:41:07 13:41:08 13:41:10 13:41:12 13:41:13 13:41:15 13:41:23 13:41:25 13:41:34 13:41:39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 157
13:42:58 13:43:00 13:43:01 13:43:03 13:43:04 13:43:07 13:43:14 13:43:16 13:43:18 13:43:43 13:43:45 13:43:48 13:43:50 13:43:52 13:43:53 13:43:54 13:43:54 13:43:57 13:43:58 13:44:05 13:44:06 13:44:09 13:44:10 13:44:11 13:44:14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS accurate? A. I have no reason to doubt it. Q. Is Funky Drummer Volume I still for sale today? A. When you ask me still for sale, do you mean am I selling it? Q. Sure. Are you selling it? A. No. Not presently. Q. Do you know if anyone is selling it? A. I have seen it on the internet for sale once or twice. Q. Is it still being sold first end user sales? A. No. Not first end. Q. So if you have seen it for sale it is a used copy being sold? A. Correct. To my knowledge. Because I didn't buy it, so to my knowledge it is. Q. When did you stop selling Funky Drummer Volume I? A. I don't know the exact date. Q. Where did you see Funky Drummer

BLAND-RICKY ROBERTS internet? A. No. Q. How many times did you see it for sale on the internet? A. In the beginning? I saw it once. I think it was once. Because one of my kids was on the internet. That is how I happened to see it. Q. When did you stop selling -sorry, is Funky Drummer Volume II still for sale? A. During what time frame? Q. Presently. A. Is it for sale now? Q. Yes. A. No, it is not. Q. And when did you stop selling Funky Drummer Volume II? A. Shortly after the last pressing. Q. When was that? A. Within that month time frame that we spoke of earlier. Date, I couldn't give you a date.

40 (Pages 154 to 157)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 158
13:44:14 13:44:21 13:44:24 13:44:32 13:44:39 13:44:43 13:44:45 13:44:46 13:44:47 13:44:49 13:44:52 13:45:06 13:45:08 13:45:10 13:45:12 13:45:21 13:45:23 13:45:28 13:45:31 13:45:34 13:45:36 13:45:38 13:45:40 13:45:44 13:45:52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 160
13:47:11 13:47:12 13:47:16 13:47:18 13:47:21 13:47:33 13:47:37 13:47:40 13:47:43 13:47:47 13:47:57 13:47:58 13:48:01 13:48:03 13:48:06 13:48:08 13:48:09 13:48:16 13:48:18 13:48:20 13:48:21 13:48:24 13:48:25 13:48:25 13:48:27
13:48:27 13:48:28 13:48:28 13:48:31 13:48:33 13:48:34 13:48:45 13:48:46 13:48:49 13:48:50 13:48:51 13:48:52 13:48:55 13:48:58 13:49:05 13:49:11 13:49:20 13:49:21 13:49:23 13:49:31 13:49:33 13:49:39 13:49:42 13:49:51 13:50:06

BLAND-RICKY ROBERTS Q. So if we are going off of the approximate date of February 1994 when Funky Drummer Volume II was released, you stopped selling it shortly thereafter? A. March -MR. CHIN: Wait until she finishes. Q. Shortly thereafter? MR. CHIN: Objection. A. March, April, thereabout. Q. Have you ever seen copies of Funky Drummer Volume II offered for sale on the internet? A. No. Q. I just want to talk about the distribution process for Funky Drummers volume and we talked about your distributor generally for JBR Records. We will focus on Funky Drummer I first. Again I am going to ask you the questions specific to each album. If you say that it was the same for Funky Drummer II, you can tell us that and it will go faster. I'll ask separately otherwise. How was Funky Drummer I

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS Volume I, you said there was also more formal distributor channels? A. Indi, we used Indi, we used Pearl which is a one stop out of Brooklyn. We used Tiger. Tiger. Tiger. The name slips me right now. Tiger something or something Tiger was an international distributor out of Jersey. Englewood, New Jersey. And we distributed product to all of those sources as well. Q. Other than Indi, Pearl or Tiger were there any other distribution sources what you were calling more the formal distribution for Funky Drummer Volume I? A. There was one other one that was located down the block from the Limelight. I just can't remember the name of that one. I know he distributed international as well. Q. You are talking about the Limelight here in New York City on Sixth Avenue. A. Yes. Q. Or what used to be there. It is something else already.

Page 159
13:45:52 13:45:53 13:45:56 13:45:58 13:46:03 13:46:05 13:46:07 13:46:10 13:46:17 13:46:19 13:46:23 13:46:25 13:46:25 13:46:27 13:46:30 13:46:33 13:46:40 13:46:40 13:46:40 13:46:40 13:46:42 13:46:44 13:46:48 13:46:53 13:47:11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 161
BLAND-RICKY ROBERTS A. Right. Q. There was another distributor there, you just don't remember their name? A. I don't remember their name, the proper name. Q. You said you also made direct sales to record stores, were those record stores local here in New York? A. Yes. Q. What were the names of those stores? A. You had Rock and Soul. You had Downstairs. You had Downtown. You had Carmine Records. You had Vinyl-mania. Eight Ball Records. Eight Ball, by the way, was an international distributor because they had their own record company. So I know that they shipped product everywhere. One in the Bronx. There is a couple in the Bronx on Concourse, Grand Concourse, I can't remember. There was one on Fordham Road I know we went to. That's all I can remember. Q. Other than Rock and Soul,

BLAND-RICKY ROBERTS distributed? A. It was distributed, as I stated earlier, through the trunk of the car, as well as through formal distributor channels. Q. When you say trunk of the car, you're talking about the trunk of your car? A. That's a term used loosely. As you mentioned a few minutes ago. You asked me about Mr. Vargas delivering Records to Rock and Soul. Q. Right. A. That would be considered out of the trunk of the car as opposed to that distribution entity that their salesperson selling that record we would be selling it. We call that out of the trunk of the car. Q. That is direct -A. Direct sales. Q. -- direct sales from the label and the artist in this case, you said Mr. Vargas is not an artist. So direct sales from the label and the musician; right? A. Okay. Q. For the sales of Funky Drummer

41 (Pages 158 to 161)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 162
13:50:06 13:50:08 13:50:11 13:50:16 13:50:19 13:50:19 13:50:22 13:50:23 13:50:24 13:50:25 13:50:29 13:50:32 13:50:33 13:50:43 13:50:44 13:50:49 13:50:53 13:50:55 13:50:57 13:50:57 13:50:59 13:51:01 13:51:05 13:51:08 13:51:11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 164

BLAND-RICKY ROBERTS Downstairs, Downtown, I think you said Carmine, Vinyl-mania, Eight Ball Records there were a couple, two, are you saying two in the Bronx? A. Let's say several. Q. Several in the Bronx? A. More than two. Maybe four. Q. Were there other record stores to which you distributed Funky Drummer Volume I? A. There very well may have been, I just can't remember names right now. Q. Where would you get that information if you had to, the names of any of those other stores? A. When you say had to, do you mean my life depends on it? Q. Sure. A. I'm in trouble. Q. Is there any document that reflects what record stores Funky Drummer Volume I was distributed to? A. That exists now? Q. No. That existed at the time

13:52:33 13:52:37 13:52:41 13:52:46 13:52:47 13:52:49 13:52:50 13:52:52 13:52:54 13:52:56 13:52:57 13:52:58 13:53:00 13:53:01 13:53:05 13:53:07 13:53:08 13:53:10 13:53:14 13:53:16 13:53:17 13:53:19 13:53:20 13:53:20 13:53:23
13:53:23 13:53:25 13:53:35 13:53:40 13:53:42 13:53:43 13:53:44 13:53:46 13:53:48 13:53:51 13:53:59 13:54:03 13:54:04 13:54:05 13:54:06 13:54:10 13:54:12 13:54:21 13:54:23 13:54:26 13:54:35 13:54:35 13:54:38 13:54:39 13:54:42

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS responsible for distributing Funky Drummer Volume I? A. What do you mean by who was responsible? Q. Whose responsibility was it to see that Funky Drummer Volume I was distributed anywhere? A. Mine. Q. Was there anyone else who was responsible for that? A. No. Q. Was there anyone else who helped you distribute Funky Drummer I? A. Sure. Q. Who was that? A. Ralph and all of the above mentioned. Q. And all of the above mentioned, you mean -A. All those that you wrote down. Q. Each store? A. Yes. Q. Helped you distribute. As well as obviously each of the distributors?
Page 165
BLAND-RICKY ROBERTS A. Yes. Q. Did anyone at Globe Art help distribute the copies of Funky Drummer Volume I? A. No. Q. Did Jane Peterer, did she help distribute copies of Funky Drummer Volume I? A. No. Q. Then for Funky Drummer Volume II, how was that distributed? A. Same way. Volume I was distributed. Q. By that you mean there was direct sales to record stores; right? A. Direct sales to record stores as well as formal distribution channels. Q. For Funky Drummer Volume II, did any of those formal channels differ than what you testified to about Volume I? MR. CHIN: Objection. A. No. Q. Were any of the stores where you made direct sales of Funky Drummer II, were those different than the ones you listed

Page 163
13:51:11 13:51:12 13:51:14 13:51:16 13:51:21 13:51:23 13:51:24 13:51:28 13:51:28 13:51:33 13:51:36 13:51:41 13:51:47 13:51:49 13:51:51 13:51:55 13:51:58 13:52:02 13:52:07 13:52:10 13:52:13 13:52:15 13:52:16 13:52:18 13:52:33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS it was being sold. A. Oh, sure. Q. Who has those documents? A. Not being smart, probably a landfill somewhere. Q. So are there any documents that exist now? A. No. Q. Is any information about what stores Funky Drummer Volume I was distributed to through direct sales that any information you have, are you relying solely on your memory for that? A. Yes. Q. Any information about what distributors sold Funky Drummer Volume I, is that information from your memory? A. Yes. You can add another distributor. City Hall on the West Coast. City Hall also. Q. Did you just remember that? A. Yeah, based on you saying based on your memory. Q. Were there any other -- who was

42 (Pages 162 to 165)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 166
13:54:42 13:54:45 13:54:48 13:54:50 13:54:52 13:54:58 13:55:02 13:55:02 13:55:05 13:55:07 13:55:09 13:55:13 13:55:15 13:55:16 13:55:22 13:55:23 13:55:25 13:55:27 13:55:28 13:55:30 13:55:32 13:55:42 13:55:43 13:55:47 13:55:51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 168
13:57:21 13:57:26 13:57:28 13:57:38 13:57:41 13:57:44 13:57:54 13:57:55 13:57:58 13:58:01 13:58:03 13:58:05 13:58:12 13:58:15 13:58:16 13:58:22 13:58:26 13:58:35 13:58:37 13:58:39 13:58:41 13:58:45 13:58:52 13:58:53 13:58:54
13:58:54 13:58:57 13:59:01 13:59:04 13:59:09 13:59:13 13:59:18 13:59:21 13:59:24 13:59:32 13:59:34 13:59:40 13:59:44 13:59:45 13:59:46 13:59:48 13:59:53 13:59:58 13:59:59 14:00:03 14:00:06 14:00:08 14:00:09 14:00:09 14:00:11

BLAND-RICKY ROBERTS for Funky Drummer Volume I? MR. CHIN: Objection. Q. Was Funky Drummer Volume II sold in stores other than the ones you've said you distributed Funky Drummer Volume I to? MR. CHIN: Objection. A. Probably, yes. Q. Did you distribute copies of Funky Drummer Volume II to other record stores than the ones that you listed for Funky Drummer Volume I? MR. CHIN: Objection. A. I am sure I did, yes. Q. Do you mean there were other record stores you distributed to that you can't remember the names of right now? A. Correct. Q. Is that true for Funky Drummer Volume I as well? A. Correct. Q. Would it be fair to say the distribution for Funky Drummer Volume I and for Volume II were similar? A. Yes.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS A. This was in general. I think I gave this to Sabrina. And I gave it to probably this would have went to Indi because they wanted to know who I gave the record to. If I am not mistaken. That is what this is. Q. Was this -- so this document was it created for this litigation? A. No. No. Q. When was it created? A. Gees, I don't know the date. It is a long time ago. Q. Was it created while JBR was still in business? A. Yes, it was. Q. Where was this found? A. My wife found it in a box. This was in it and some other documents pertaining to one other record. But that was the only two documents that was in that box. Then the rest of it was house stuff pertaining to our house. Q. Okay. A. So my guess is this was Sabrina's copy because I know everything else

Page 167
13:55:51 13:55:56 13:55:57 13:56:00 13:56:02 13:56:02 13:56:24 13:56:24 13:56:25 13:56:25 13:56:26 13:56:32 13:56:34 13:56:37 13:56:45 13:56:46 13:56:52 13:57:00 13:57:02 13:57:05 13:57:07 13:57:11 13:57:14 13:57:21 13:57:21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Page 169
BLAND-RICKY ROBERTS was thrown in the dumpster. Q. So, of all the JBR documents pertaining to Funky Drummer I or -- pertaining to Funky Drummer I, is this the only document that you have found? A. It is the only one I found that I can remember. I didn't give anything else to Mr. Chin that I can remember. This is it. Q. Did you give to Mr. Chin all of the documents in your possession regarding Funky Drummer, either album, the series? A. I and II. Q. Yes. A. Yes, I gave him everything that I had. I think this and then he obtained the SR forms. Q. Okay. Did you ask your wife if she had any other JBR documents that would be relevant to this case? A. Yes. Once she found this I did. Q. Yes? A. Once she had found this I did ask her and she said I don't even know --

BLAND-RICKY ROBERTS Q. I am going to show you what has been produced in this case plaintiffs Bates page marked 3. We can mark that as Defendants' Exhibit 18. (Defendants' Exhibit 18 for identification, Distribution List, production numbers 000003.) A. Oh, man. Q. I am showing you what is Defendants' Exhibit 18, page 3 of plaintiffs' production in this case. Do you recognize that document? A. Yeah. It was a listing of the of the places where Funky Drummer was distributed. It is on a JBR memorandum. This is something that I think I produced or found this. I don't know where I found this at. But I think I gave this to Mr. Chin. That is why when you asked me does it exist, I said no because I forgot all about this. That is why I said oh, my goodness, yeah. Q. So who wrote this memorandum? A. I believe I did. Q. Who is it to?

43 (Pages 166 to 169)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656

Page 266 16:26:34 16:26:36 16:26:40 16:26:41 16:26:46 16:26:47 16:26:53 16:26:54 16:26:55 16:26:58 16:27:02 16:27:11 16:27:13 16:27:21 16:27:21 16:27:23 16:27:24 16:27:27 16:27:31 16:27:32 16:27:34 16:27:38 16:27:39 16:27:40 16:27:44
16:27:44 16:27:46 16:27:48 16:27:49 16:27:50 16:27:50 16:27:51 16:27:52 16:27:55 16:28:05 16:28:07 16:28:10 16:28:11 16:28:12 16:28:22 16:28:24 16:28:31 16:28:37 16:28:40 16:28:42 16:28:43 16:28:54 16:29:02 16:29:05 16:29:09

Page 268
16:29:09 16:29:12 16:29:22 16:29:23 16:29:25 16:29:27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BLAND-RICKY ROBERTS letter dated June 8, 2004 that is Defendants' Exhibit 10 -A. Yes. Q. Was it at that point you decided to file a lawsuit? A. Yes. Q. And did you talk to any other lawyers, other than Kendell Minter or Mr. Chin? A. Yes, Mr. Chin's associates. So the answer to the question would be yes. Q. Who else was that? MR. CHIN: Do you want the names of the other attorneys. MS. AHRENS: Yes. MR. CHIN: Mark Samuels. M-A-R-K, Samuels, S-A-M-U-E-L-S. MS. AHRENS: Sorry, is Mark Samuels your associate? MR. CHIN: No, he was somebody that I have done work with together. I work with together. MS. AHRENS: Okay. MR. CHIN: Not associate that he
Page 267
BLAND-RICKY ROBERTS is a part of my firm. MS. AHRENS: In your office; right? MR. CHIN: You want the other attorney? MS. AHRENS: Yes. MR. CHIN: James McMillan. M-C capital M-I-L-L-A-N. There is a third attorney in that office but the name escapes me right now. A. Suspenders. MR. CHIN: Yes. I forgot his name. Q. Mr. Roberts, when did you first speak to Mark Samuels about the Celebrex ad? A. I can't give you a date. It was shortly after this letter. Q. This letter you mean? A. The letter being Defendants' Exhibit 10. I interviewed with Ralph two or three other attorneys that couldn't handle the scope of this type of litigation, thus I got in touch with my attorney Kendell and he turned me on to Mark Samuels' office who in

ROBERTS-CONFIDENTIAL ATTORNEYS' EYES turn put me with Mr. Chin. Q. Just to close out you didn't have any discussions prior to the lawsuit with East West Communications; did you? A. No.

Page 269
16:29:27 16:29:46 16:29:46 16:29:47 16:29:50 16:29:54 16:29:57 16:29:59 16:30:03 16:30:11 16:30:14 16:30:16 16:30:18 16:30:21 16:30:22 16:30:23 16:30:25 16:30:28 16:30:30 16:30:30 16:30:31 16:30:33 16:30:34 16:30:35 16:30:36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

ROBERTS-CONFIDENTIAL ATTORNEYS' EYES THE FOLLOWING IS A CONFIDENTIAL PORTION: Q. You have settled your case against Pfizer, Publicis and Fluid Music for $150,000; is that correct? MR. CHIN: Objection. This portion of the transcript should be governed by the confidentially stipulation and agreed confidentially order. My objection is to form and relevance, but I just want it to be known in the record this section of the transcript should be subject to the confidentially order. Correct? MS. AHRENS: Yes. That's correct. Q. You can answer. A. You asked me did we settle? Q. Yes. A. Yes, we did. Q. You settled for a payment of $150,000; is that right? MR. CHIN: Objection. You can answer. A. Yes.

68 (Pages 266 to 269)

LEGALINK, A MERRILL CORPORATION [phone] www.Legalink.com

a8995429-b478-486b-bd88-7a4882921656