Capitol Records, LLC v. Redigi Inc.

Filing 286

DECLARATION OF GARY ADELMAN IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. (This document was previously filed under seal in envelope #53 and unsealed on 12/20/2016.) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(mro)

Gary P. Adelman, Esq.
MEISTER SEELIG & FEIN LLP

Attorneysfor Defendant ReDigi Inc.
Two Grand Central Tower
140 East 45 th Street, 19th Floor
New York, New York 10017
[phone]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------------)(
CAPITOL RECORDS, LLC,
Civil Action No: 12 CIV 0095
(RJS)

Plaintiff,
- against REDIGI, INC. ,
Defendant.

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DECLARATION OF GARY ADELMAN IN SUPPORT OF
DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

GARY ADELMAN, pursuant to 28 U.S.c. § 1746, declares under the penalty of perjury, as
follows:
I.

I am a partner at the law firm of Meister, Seelig & Fein LLP, attorneys for Defendant

Redigi, Inc. ("Defendant"). As such, I am fully familiar with the facts and circumstances herein
based upon my personal handling of the file.
2.

I make this declaration in support of Defendant's motion for summary judgment

granting Defendant judgment as a matter of law and dismissing all of Plaintiff Capitol Records
LLC's ("Plaintiff') claims on the grounds that the Plaintiff cannot prove the necessary elements of all
of its claims.
3.

A true and correct copy of Plaintiffs' Complaint in the instant action is annexed

hereto as Exhibit" I ".

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4.

A true and correct copy of Defendants' Answer is annexed hereto as Exhibit "2".

5.

A true and correct copy of the relevant portions of the iTunes Store - Terms and

Conditions is annexed hereto as Exhibit "3".
6.

A true and correct copy of the relevant portions of the transcript of the preliminary

injunction hearing, in this matter, before the Hon. Richard J. Sullivan on February 6, 2012 are
annexed hereto as Exhibit "4."
7.

A true and correct copy of the Redigi Terms of Use as it currently appears on their

website, ReDigi.com is annexed hereto as Exhibit "5."
8.

A true and correct copy of the relevant portions of the Digital Music Download

Agreement between Apple Computer, Inc and EMI Recorded Music is annexed hereto as Exhibit
"6. "

9.

A true and correct copy of the web pages of" Apple Press Info", "Icloud", "Google

Play" and "Amazon. Com MP3 Downloads" as found on their respective websites on July 12, 2012,
is annexed hereto as Exhibit "7."
10.

A true and correct copy of the documents with the bate stamp numbers CAP 000238-

CAP 241, as received from Plaintiff during discovery are annexed hereto as Exhibit "8."
11.

A true and correct copy of documents with the bate stamp numbers REDIGI 000400

- REDIGI00041 0 as produced in discovery are annexed hereto as Exhibit "9."
12.

A true and correct copy of relevant pages from the deposition transcript of

Lawrence S. Rudolph (Rogel) as taken on June 18, 2012 is annexed hereto as Exhibit "10."
13.

A true and correct copy of relevant pages from the deposition transcript of John

Mark Ossenmacher as taken on June 19, 2012 is annexed hereto as Exhibit "II."
14.

A true and correct copy of relevant pages from the deposition transcript of

Alasdar McMullan as taken on June 20, 2012. is annexed hereto as Exhibit "12."

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IS.

A true and correct copy of page 5 of Plaintiffs 1119/12 memorandum of law in

support of its preliminary injunction motion is annexed hereto as Exhibit "13."
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 20,2012 in New York, New York.

GARY ADELMAN ESQ.

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