Capitol Records, LLC v. Redigi Inc.
DECLARATION of Colleen Hall in Support re: 48 MOTION for Partial Summary Judgment - Notice of Motion.. Document filed by Capitol Records, LLC. (Mandel, Richard)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CAPITOL RECORDS, LLC,
12 Civ. 0095 (RJS)
I SUPPORT OF PLAINTIFF'S
MOTION FOR PARTIAL
COLLEEN HALL, pursuant to 28 U.S.C. § 1746, declares as follows:
I am a paralegal for EMI Music North America. I submit this declaration in
support of the motion for partial summary judgment by Plaintiff Capitol Records, LLC
("Capitol"). Ihave personal knowledge of the facts set forth herein.
During December 2011,I visited Defendant's website located at www.redigi.com
(the "ReDigi Site"), signed up for a user account and searched on the ReDigi Site for Capitol
recordings that were being offered for sale.
During my searching on the ReDigi Site,Ilocated each of the recordings listed in
Exhibit A to the Complaint in this action being offered for sale as a "used" recording. I also
located the recordings "What A Little Moonlight Can Do" by Peggy Lee and "The Christmas
Song (Merry Christmas To You)" by Nat King Cole being offered for sale on the ReDigi Site as
In December 2011,Ipurchased on the ReDigi Site each of the recordings
referenced in paragraph 3 above as "used" recordings. After purchase,Idownloaded each of
those recordings from the ReDigi Site on to the hard drive of my computer at work. Ilistened to
each of those recordings and verified that they were the actual recordings owned and distributed
Ihave reviewed Exhibit M to the Declaration of Richard S. Mandel submitted in
support of Capitol's summary judgment motion, which is a document thatIunderstand was
produced by ReDigi in this case identifying each instance in which a recording believed to be
owned by Capitol was sold through the ReDigi website. The document identifies numerous
purchases of recordings that Inever purchased on the ReDigi Site, including, for example,
"Princess of China" and "Yes" by Coldplay; "Wichita Lineman" by Glen Campbell; and "Littlest
Things" by Lily Allen.
IDECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE
AND CORRECT. EXECUTED ON JULYA0 , 2012 IN NEW YORK, NEW YORK.
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