Arista Records LLC et al v. Lime Wire LLC et al

Filing 244

DECLARATION of Kelly M. Klaus in Support re: 242 MOTION for Preliminary Injunction Freezing Defendants' Assets.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Klaus, Kelly)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; BMG MUSIC; CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, v. LIME WIRE LLC; LIME GROUP LLC; MARK GORTON; GREG BILDSON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants.

06 Civ. 05936 (KMW) ECF CASE

DECLARATION OF KELLY M. KLAUS IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION FREEZING DEFENDANTS' ASSETS I, Kelly M. Klaus, hereby declare as follows: 1. I am a partner in the law firm of Munger, Tolles & Olson LLP, counsel of record

for Plaintiffs. I make this Declaration in support of Plaintiffs' Motion for a Preliminary Injunction Freezing Defendants' Assets. The contents of this Declaration are based upon my own personal knowledge, and if called upon to do so, I could and would testify competently to the matters stated herein. 2. Attached as Exhibit 1 is a true and correct copy of the Preliminary Injunction

Against Defendants Usenet.com, Inc. and Gerald Reynolds to Preserve Assets and Order to -110878646.1

Show Cause Re Appointment of Receiver filed in Arista Records LLC v. Usenet.com, Inc., No. 07-civ-8822 (HB) (Doc. No. 255) (S.D.N.Y. Aug. 19, 2009). 3. Attached as Exhibit 2 is a true and correct copy of the Amended Report and

Recommendation filed in Arista Records LLC v. Usenet.com, Inc., No. 07-civ-8822 (HB) (Doc. No. 306) (S.D.N.Y. Feb. 2, 2010). 4. Attached as Exhibit 3 is a true and correct copy of the docket entry of the Final

Judgment and Order entered in UMG Recordings, Inc. v. MP3.com, Inc., No. 00 CV 472 (Doc. No. 162) (S.D.N.Y. Nov. 16, 2000). 5. Attached as Exhibit 4 is a true and correct copy of excerpts from the Transcript of

the Deposition of Mark Gorton on April 14, 2008. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Dated: June 7, 2010 Los Angeles, CA /s/ Kelly M. Klaus Kelly M. Klaus

-210878646.1