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

Filing 29

DECLARATION of Katherine B. Forrest in Support re: 27 MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint"). MOTION to Amend/Correct ("Notice Of Motion For Leave To File An Amended Complaint").. Document filed by BMG Music, 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. (Attachments: # 1 Exhibit A to Declaration of Katherine B. Forrest# 2 Exhibit B to Declaration of Katherine B. Forrest# 3 Exhibit C to Declaration of Katherine B. Forrest# 4 Exhibit D to Declaration of Katherine B. Forrest# 5 Exhibit E to Declaration of Katherine B. Forrest# 6 Exhibit F to Declaration of Katherine B. Forrest# 7 Exhibit G to Declaration of Katherine B. Forrest# 8 Exhibit H to Declaration of Katherine B. Forrest# 9 Exhibit I to Declaration of Katherine B. Forrest# 10 Exhibit J to Declaration of Katherine B. Forrest# 11 Exhibit K to Declaration of Katherine B. Forrest)(Forrest, Katherine)

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/Counterclaim Defendants,
v.

ECF CASE 06 Civ. 05936 (GEL)

LIME GROUP LLC; MARK GORTON; and GREG BILDSON, Defendants,
and

LIME WIRE LLC, Defendant/Counterclaim Plaintiff.

DECLARATION OF KATHERINE B. FORREST IN SUPPORT OF PLAINTIFFS/COUNTERCLAIM DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT KATHERINE B. FORREST declares as follows: 1. I am a member of the law firm of Cravath, Swaine & Moore LLP, counsel

for Plaintiffs/Counterclaim Defendants 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. (collectively "plaintiffs"), in this action. REDACTED VERSION - COMPLETE VERSION FILED UNDER SEAL

2.

This declaration is submitted in support of plaintiffs' Motion for Leave to

File an Amended Complaint, seeking leave to file an amended complaint joining the M.J.G. Lime Wire Family Limited Partnership as a defendant and to include allegations relating to and claims for fraudulent conveyance under Section 276 of the New York Debtor and Creditor Law against Mark Gorton and for unjust enrichment under the common law of New York against the M.J.G. Lime Wire Family Limited Partnership. 3. Annexed as Exhibits A - K are true and correct copies of the following: a. b. Plaintiffs/Counterclaim Defendants Proposed Amended Complaint "Blacklined" copy of the Proposed Amended Complaint identifying the paragraphs that have been modified in or added to the Complaint, dated August 4, 2006 Declaration of Vincent Falco, dated May 12, 2007

c.

de.

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REDACTED

f.
g.

REDACTED
M.J.G. Lime Wire Family Limited Partnership Certificate of Limited Partnership, Initial List of General Partners and Resident Agent of the M.J.G. Lime Wire Family Limited Partnership and Annual List of General Partners and Resident Agent of the M.J.G. Lime Wire Family Limited Partnership REDACTED REDACTED REDACTED

h. i. j.

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k.

REDACTED

I declare under the penalty of perjury that the foregoing is true and correct. June 20, 2007

Katherine B. Forrest

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