Fairey et al v. The Associated Press

Filing 207

DECLARATION of Robyn Crowther in Support re: 204 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 2 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERTS KATHLEEN KEDROWSKI AND BLAKE PEMBROKE SELL REGARDING THE AP'S HYPOTHETICAL LOST LICENSING FEE.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A to Crowther Declaration, # 2 Exhibit B to Crowther Declaration, # 3 Exhibit C to Crowther Declaration, # 4 Exhibit D to Crowther Declaration Part I, # 5 Exhibit D to Crowther Declaration Part II, # 6 Exhibit D to Crowther Declaration Part III, # 7 Exhibit D to Crowther Declaration Part IV)(Crowther, Robyn)

Fairey et al v. The Associated Press

Doc. 207

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHEPARD FAIREY AND OBEY GIANT ART, INC., Plaintiffs, v. THE ASSOCIATED PRESS, Defendant and Counterclaim Plaintiff, v. SHEPARD FAIREY, OBEY GIANT ART, INC., OBEY GIANT LLC, STUDIO NUMBER ONE, INC., and ONE 3 TWO, INC. (d/b/a OBEY CLOTHING), Counterclaim Defendants. DECLARATION OF ROBYN C. CROWTHER IN SUPPORT OF COUNTERCLAIM DEFENDANT ONE 3 TWO, INC.'S MOTION IN LIMINE NO. 2 I, Robyn C. Crowther declare and state: 1. I am a shareholder in the law firm of Caldwell Leslie & Proctor, PC. I am an ECF Case No. 09-01123 (AKH)

attorney admitted to practice in the state of California and have been admitted pro hac vice to practice before this Court. I am one of the counsel of record for Counterclaim Defendant One 3 Two, Inc. d/b/a Obey Clothing ("One 3 Two") in this action and make this Declaration in support of One 3 Two's Motion in Limine No. 2 to Exclude the Opinion of the Associated Press's Designated Experts Kathleen Kedrowski and Blake Pembroke Sell Regarding the Associated Press's Hypothetical Lost Licensing Fee. I have personal knowledge of the facts stated herein, and could and would testify competently thereto if called as a witness in this matter.

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Attached hereto as Exhibit "A" is a true and correct copy the Expert Report of

Neil J. Zoltowski, an expert designated by One 3 Two, which was produced by counsel for One 3 Two on November 2, 2010. 3. Attached hereto as Exhibit "B" are true and correct copies of excerpts from the

deposition of the Associated Press's designated expert, Kathleen M. Kedrowski, which was taken in this action on December 14 and 15, 2010, in New York, New York. 4. Attached hereto as Exhibit "C" are true and correct copies of excerpts from the

deposition of Farah DeGrave, which was taken in this action on March 23, 2010, in New York, New York. 5. Attached hereto as Exhibit "D" is a true and correct copy of the Expert Report

of Blake Pembroke Sell, an expert designated by Associated Press, which was provided to counsel for One 3 Two on November 2, 2010.

I declare under penalty of perjury and the laws of the United States that the foregoing is true and correct to the best of my knowledge and that this Declaration was executed on February 25, 2011, at Los Angeles, California. /s/ Robyn C. Crowther ROBYN C. CROWTHER

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