Vargas et al v. Pfizer Inc. et al

Filing 87

DECLARATION of Christopher Keegan in Support re: 85 SECOND MOTION for Summary Judgment.. Document filed by Brian Transeau. (Attachments: # 1 Exhibit Ex B# 2 Exhibit Ex C# 3 Exhibit Ex D# 4 Exhibit Ex E# 5 Exhibit Ex F# 6 Exhibit Ex G# 7 Exhibit Ex H# 8 Exhibit Ex I# 9 Exhibit Ex J part 1# 10 Exhibit Ex J part 2# 11 Exhibit Ex K# 12 Exhibit Ex L# 13 Exhibit Ex M# 14 Exhibit Ex N part 1# 15 Exhibit Ex N part 2# 16 Exhibit Ex O# 17 Exhibit Ex P# 18 Exhibit Ex Q# 19 Exhibit Ex R# 20 Exhibit Ex S# 21 Exhibit Ex T# 22 Exhibit Ex U# 23 Exhibit Ex V)(Ahrens, Julie)

Download PDF
Vargas et al v. Pfizer Inc. et al Doc. 87 Att. 16 EXHIBIT O Dockets.Justia.com - -- - - - - - --- --- - - - --- -- - - - -- - -------- - -- - --- ---- --- ---- UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RALPH VARGAS and BLAND-RICKY ROBERTS, PIa inti ffs Ci viI Action No. againstPFIZER, INC., PUBLICIS, INC" FLUID MUSIC, EAST WEST 04CV 9772 (JCF) COMMUNICATIONS, INC. and BRIAN Transeau p/k/a " BT" CERTIfiED COpy Defendants August 9, 2006 9:15 a. Videotaped Deposition of IVAN A. RODRIGUEZ , taken by Defendants, pursuant to Notice, at the offices of Kirkland & Ellis, 153 East 53rd Street , New York , New York, before TAMMEY M. PASTOR, a Registered Professional Reporter, Certified LiveNote Reporter and Notary Public within and for the State of New York. 575 Market St fill ~~~~~J~!. 11th Floor San Francisco, CA 94105 tel (415) 357-4300 tel (800) 869-9132 fax (415) 357-4301 ww. merrillcorp. com GLOBAL COURT REPORTING , LEGAL VIDEOGRAPHY . TRIAL SERVICES IVAN A. RODRIGUEZ August 2006 IVAN A. RODRIGUEZ - CONFIDENTIAL live. You would know it wasn t a drummer. Even if you used samples' Ii ve drumming? It is not just samples, it is the processing, the way you program it. The way it comes across that is what I mean by saying there are so many variables it is not like two cakes, it is each individual cake is different. I can t reproduce that cake wi thout real ingredients. But your opinion is Aparthenonia is a result of digitally moving pieces of Bust Oat Groove around; correct? It is my opinion the record was taken, sampled , either as a whole or in pieces, then broken down, created , rhythm created then roll was moved to the tail versus the top. Then you have yourself a record. But to me, in my profession and totally honest opinion , around. that record was, as we say, flipped Before I could commit to it that is when I told Mr. Chin I will prove it to you. Then I did it. When I gave him the 240 LegaLink , A Merrill Communications Company (800) 869-9132 IVAN A. RODRIGUEZ August 2006 IVAN A. RODRIGUEZ - CONFIOENTIAL CD he couldn t tell me which was the real one which was Ralph' s and which was the other gentleman. The properties are so true nobody can tell it flanged. Anybody will tell you even little kids when they want two DJs live they play the two records at the same time. time. They play the same records at the same It is called flanging. That can only happen when the two items are totally identical. I had that happening with Aparthenonia and the edited Bust Oat Groove you have one on left speaker , one on right. I kind of broke it down pretty much as simply as possible as opposed to try to muddy it up with a bunch of graphs. Some stuff is very difficult. This is so airy, so open. It is crystal clear to me. You say flanging, what is it that causes flanging when you play the same song at the same time? When you play the same sections of the same song or same bass or same horns, even two crash cymbals, if they are absolutely identical and put adj acent to each other they 241 LegaLink , A Merrill Communications Company (800) 869-9132 IVAN A. RODRIGUEZ August 2006 IVAN A. RODRIGUEZ - CONFIOENTIAL that purposely so it couldn t be used against the defendant to say I did something to the record that wasn t natural. as it was off the vinyl. I took it exactly Chopped it up and put it in. If you listen to it independently you will notice a sort of dryness to Ralph ' , Mr. Vargas ' because I image. didn 1 t purposely use reverb , even though with that there is still like a mirror If you used digital signal processing could you make them sound even more alike? I would say almost 100 percent. Because, see, I don t know if I would have had master s up front , I would have probably not even had to do this because I can tell right from the master s because multitrack master shows me what you done and how you done it. If I had presets, if someone told me I did reverb 23 from TC Electronic something I would have added Corp. or that. I told Mr. Chin I could probably even eventually figure it out, but it 244 LegaLink, A Merrill Communications Company (800) 869-9132 IVAN A. RODRIGUEZ August 2006 IVAN A. RODRIGUEZ - CONFIDENTIAL would take some time. I don t know how long. I would have to toy with literally thousands of reverbs until I got the tone used before. Even if I had like what we call a recall sheet, sometimes folks use a recall sheet when you work because you toy around with different settings until the artist goes that' keep notes like that. s it. You He likes setting number 23 on this particular plug in. You keep that. If I would have known that , I would have added it to that. It would have been exact. You can use digital signal processing to make one drum loop sounds more like another? No. What I am explaining if you look at the last page of this graph, I one. believe we gave you a color one or Mr. Chin did, he initially gave in a color I never received a color one? The color one was easier on the eyes, easy to explain. same graphs. You I re It is basically the referring to graph Exhibit B to your declaration Defendant' 245 LegaLink , A Merrill Communications Company (800) 869-9132 ,:, "-- , , .." '-" IF STATE OF NEW YORK 4' ; 56. COUNTY OF NEW YORK I, TAMMEY M . PASTOR , a Registered Professional Reporter and Notary Public within and for the State of New York. do hereby certify: That TIMOTHY M. YESSMAN, the witness whose deposition is hereinbefore Bet forth, was duly sworn by me and that such deposition is a true record of the testimony given by the witness. I further certify that I am not J. 7 related to any of the parties to this action by blood or marriage, and that I am in no way interested in the outcome of this mat ter. O(. IN WITNESS WHEREOF, I have hereunto set my hand this ay of It=' L J5- TAMMEY M. PASTOR . . MH~~ M. PASTOR. RPR .4(~

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?