Upload
james-cook
View
223
Download
1
Embed Size (px)
Citation preview
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
1/44
DECLARATION OF FRANCIS MALOFIY IN SUPPORT OFPLAINTIFF’S MOTION TO COMPEL TRIAL TESTIMONY
1
2
3
4
5
6
7
8
9
10
1112
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Francis Malofiy, Esq.Francis Alexander, LLC280 N. Providence Rd. | Suite 105Media, PA 19063T: (215) 500-1000; F: (215) 500-1005E: [email protected]
Attorney for Plaintiff
Glen L. Kulik, Esq. (SBN 082170)Kulik Gottesman & Siegel LLP15303 Ventura Blvd., Suite 1400Sherman Oaks, CA 91403T: (310) 557-9200; F: (310) 557-0224E: [email protected]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
MICHAEL SKIDMORE, as Trustee forthe RANDY CRAIG WOLFE TRUST,
Plaintiff,
v.
LED ZEPPELIN; JAMES PATRICKPAGE; ROBERT ANTHONY PLANT;JOHN PAUL JONES; SUPER HYPEPUBLISHING, INC.; WARNER MUSICGROUP CORP., Parent ofWARNER/CHAPPELL MUSIC, INC.;ATLANTIC RECORDINGCORPORATION; RHINOENTERTAINMENT COMPANY,
Defendants.
Case No. 15-cv-03462 RGK (AGRx)
Hon. R. Gary Klausner
DECLARATION OF FRANCIS
MALOFIY IN SUPPORT OFPLAINTIFF’S MOTION TO
COMPEL TRIAL TESTIMONY
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 1 of 44 Page ID #:5679
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
2/44
1 DECLARATION OF FRANCIS MALOFIY IN SUPPORT OFPLAINTIFF’S MOTION TO COMPEL TRIAL TESTIMONY
1
2
3
4
5
6
7
8
9
10
1112
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I, Francis Malofiy, declare:
1. I am an attorney in the law firm of Francis Alexander, LLC, and I represent
Plaintiff Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust in the above-
captioned matter. I have personal knowledge of the facts recited below, and, if called as
a witness, I could and would testify competently to the facts contained in this declaration.
2.
Attached to this declaration as Exhibit 1 is a true and correct copy of
subpoenas and notices to attend and testify that were served upon defense counsel.
3. Attached to this declaration as Exhibit 2 is a true and correct copy of emails
exchanged between Plaintiff’s counsel and defense counsel.
4. Attached as Exhibit 3 is a true and correct copy of the April 25, 2016, pre-
trial conference hearing transcript.I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Executed this 17th day of May, 2016 at Burlington, Vermont.
/s/ Francis Malofiy Francis Malofiy
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 2 of 44 Page ID #:5680
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
3/44
EXHIBIT 1
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 3 of 44 Page ID #:5681
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
4/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 4 of 44 Page ID #:5682
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
5/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 5 of 44 Page ID #:5683
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
6/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 6 of 44 Page ID #:5684
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
7/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 7 of 44 Page ID #:5685
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
8/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 8 of 44 Page ID #:5686
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
9/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 9 of 44 Page ID #:5687
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
10/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 10 of 44 Page ID #:5688
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
11/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 11 of 44 Page ID #:5689
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
12/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 12 of 44 Page ID #:5690
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
13/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 13 of 44 Page ID #:5691
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
14/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 14 of 44 Page ID #:5692
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
15/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 15 of 44 Page ID #:5693
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
16/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 16 of 44 Page ID #:5694
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
17/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 17 of 44 Page ID #:5695
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
18/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 18 of 44 Page ID #:5696
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
19/44
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 19 of 44 Page ID #:5697
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
20/44
1
AJ Fluehr
From: Francis Alexander Malofiy
Sent: Saturday, May 14, 2016 11:42 PM
To: AJ Fluehr
Cc: Francis Alexander Malofiy
Subject: FW: Skidmore
Attachments: Notice to Attend and Testify Directed to Warner-Chappell.pdf; Notice to Attend andTestify Directed to Atlantic Recording.pdf; Notice to Attend and Testify Directed to
James Patrick Page.pdf; Notice to Attend and Testify Directed to John Paul Jones.pdf;
Notice to Attend and Testify Directed to Rhino Entertainment.pdf; Notice to Attend
and Testify Directed to Robert Anthony Plant.pdf; Notice to Attend and Testify Directed
to Super Hype Publishing.pdf; Notice to Attend and Testify Directed to Warner Music
Group Corp..pdf
From:
Francis
Alexander
Malofiy
Sent: Thursday, April 21, 2016 12:34 AM
To: Peter J. Anderson ; Helene M. Freeman
Cc: Francis Alexander Malofiy ; AJ Fluehr ; Glen Kulik
Subject: RE: Skidmore
Dear Peter,
See attached Notices to Attend and Testify.
For purposes of scheduling witnesses, please share with me whether or not Mr. Page, Mr. Plant, and Mr. Jones will
appear
in
Court
on
May
10th,
2016.
Please also advise as to the rest of the Notices.
*****
NOTE: ADDRESS CHANGED TO “SUITE 1”
*****
With every good wish, I am,
Francis Malofiy, EsquireFrancis Alexander, LLC280 N. Providence Road | Suite 1Media, PA 19063 T: (215) 500-1000F: (215) 500-1005E: [email protected]
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 20 of 44 Page ID #:5698
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
21/44
PAGE 1 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO JAMES PATRICK PAGE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Francis Malofiy, EsquireFrancis Alexander, LLC280 N. Providence Rd. | Suite 1Media, PA 19063T: (215) 500-1000; F: (215) 500-1005
Glen L. Kulik, Esq.Kulik Gottesman & Siegel LLP15303 Ventura Blvd., Suite 1400Sherman Oaks, CA 91403T: (310) 557-9200; F: (310) 557-0224E: [email protected]
Attorneys for PlaintiffUNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
MICHAEL SKIDMORE, as Trustee forthe RANDY CRAIG WOLFE TRUST,
Plaintiff,
v.
LED ZEPPELIN; JAMES PATRICKPAGE; ROBERT ANTHONY PLANT;JOHN PAUL JONES; SUPER HYPEPUBLISHING, INC.; WARNER MUSICGROUP CORP., Parent ofWARNER/CHAPPELL MUSIC, INC.;ATLANTIC RECORDING
CORPORATION; RHINOENTERTAINMENT COMPANY,
Defendants.
Case No. 15-cv-03462 RGK (AGRx)
Hon. R. Gary Klausner
NOTICE TO ATTEND AND
TESTIFY DIRECTED TO
JAMES PATRICK PAGE
Date: May 10, 2016Time: 9:00 a.m.Room: 850
NOTICE TO ATTEND AND TESTIFY DIRECTED TOJAMES PATRICK PAGE
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 21 of 44 Page ID #:5699
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
22/44
PAGE 2 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO JAMES PATRICK PAGE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TO: JAMES PATRICK PAGEPeter J. Anderson, Esquire100 Wilshire Blvd. | Suite 2010Santa Monica, CA 90401T:(310) 260-6030
F: (310) 260-6040E: [email protected] Attorney for Defendants Warner/Chappell Music, Inc., Atlantic Recording
Corporation, and Rhino Entertainment Company, James Patrick Page,
Robert Anthony Plant, and John Paul Jones
Helene Freeman, Esquire666 Fifth Avenue
New York, NY 10103-0084T: (212) 841-0547
F: (212) 262-5152E: [email protected]
Attorneys for Defendants James Patrick Page, Robert Anthony Plant, and
John Paul Jones (collectively with John Bonham (Deceased),
professionally known as Led Zeppelin)
TO DEFENDANT JAMES PATRICK PAGE AND HIS COUNSEL OF
RECORD:
PLEASE TAKE NOTICE THAT plaintiff Michael Skidmore demands the presence
James Patrick Page on May 10, 2016, at Roybal Courthouse, Room 850, 255 East Temple Stre
Los Angeles California 90012-3332 to testify in the above-captioned matter.
DATED: April 20, 2016 FRANCIS ALEXANDER, LLC
By /s/ Francis Malofiy Francis MalofiyAttorneys for Plaintiff
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 22 of 44 Page ID #:5700
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
23/44
PAGE 3 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO JAMES PATRICK PAGE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE
Plaintiff hereby represents that Plaintiff’s Notice to Attend and Testify Directed to Jam
Patrick Page has been served upon counsel by email:
Helene Freeman, Esquire666 Fifth Avenue New York, NY 10103-0084T: (212) 841-0547F: (212) 262-5152E: [email protected] Attorneys for Defendants James Patrick Page, Robert Anthony Plant, and John Paul Jone
(collectively with John Bonham (Deceased), professionally known as Led Zeppelin)
Peter J. Anderson, Esquire100 Wilshire Blvd. | Suite 2010
Santa Monica, CA 90401T:(310) 260-6030F: (310) 260-6040E: [email protected] Attorney for Defendants Warner/Chappell Music, Inc., Atlantic Recording Corporation,
and Rhino Entertainment Company; James Patrick Page, Robert Anthony Plant, and John
Paul Jones
*****
Respectfully submitted,
Francis Alexander, LLC
/s/ Francis Alexander MalofiyFrancis Alexander Malofiy, EsquireAttorney ID No.: 208494280 N. Providence Road | Suite 1Media, PA 19063T: (215) 500-1000F: (215) 500-1005E: [email protected]
/d/ April 20, 2016
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 23 of 44 Page ID #:5701
mailto:[email protected]:[email protected]:[email protected]
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
24/44
PAGE 1 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO JOHN PAUL JONES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Francis Malofiy, EsquireFrancis Alexander, LLC280 N. Providence Rd. | Suite 1Media, PA 19063T: (215) 500-1000; F: (215) 500-1005
Glen L. Kulik, Esq.Kulik Gottesman & Siegel LLP15303 Ventura Blvd., Suite 1400Sherman Oaks, CA 91403T: (310) 557-9200; F: (310) 557-0224E: [email protected]
Attorneys for PlaintiffUNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
MICHAEL SKIDMORE, as Trustee forthe RANDY CRAIG WOLFE TRUST,
Plaintiff,
v.
LED ZEPPELIN; JAMES PATRICKPAGE; ROBERT ANTHONY PLANT;JOHN PAUL JONES; SUPER HYPEPUBLISHING, INC.; WARNER MUSICGROUP CORP., Parent ofWARNER/CHAPPELL MUSIC, INC.;ATLANTIC RECORDING
CORPORATION; RHINOENTERTAINMENT COMPANY,
Defendants.
Case No. 15-cv-03462 RGK (AGRx)
Hon. R. Gary Klausner
NOTICE TO ATTEND AND
TESTIFY DIRECTED TO
JOHN PAUL JONES
Date: May 10, 2016Time: 9:00 a.m.Room: 850
NOTICE TO ATTEND AND TESTIFY DIRECTED TOJOHN PAUL JONES
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 24 of 44 Page ID #:5702
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
25/44
PAGE 2 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO JOHN PAUL JONES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TO: JOHN PAUL JONESPeter J. Anderson, Esquire100 Wilshire Blvd. | Suite 2010Santa Monica, CA 90401T:(310) 260-6030
F: (310) 260-6040E: [email protected] Attorney for Defendants Warner/Chappell Music, Inc., Atlantic Recording
Corporation, and Rhino Entertainment Company, James Patrick Page,
Robert Anthony Plant, and John Paul Jones
Helene Freeman, Esquire666 Fifth Avenue
New York, NY 10103-0084T: (212) 841-0547
F: (212) 262-5152E: [email protected]
Attorneys for Defendants James Patrick Page, Robert Anthony Plant, and
John Paul Jones (collectively with John Bonham (Deceased),
professionally known as Led Zeppelin)
TO DEFENDANT JOHN PAUL JONES AND HIS COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT plaintiff Michael Skidmore demands the presence
John Paul Jones on May 10, 2016, at Roybal Courthouse, Room 850, 255 East Temple Street, L
Angeles California 90012-3332 to testify in the above-captioned matter.
DATED: April 20, 2016 FRANCIS ALEXANDER, LLC
By /s/ Francis Malofiy Francis Malofiy
Attorneys for Plaintiff
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 25 of 44 Page ID #:5703
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
26/44
PAGE 3 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO JOHN PAUL JONES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE
Plaintiff hereby represents that Plaintiff’s Notice to Attend and Testify Directed to Joh
Paul Jones has been served upon counsel by email:
Helene Freeman, Esquire666 Fifth Avenue New York, NY 10103-0084T: (212) 841-0547F: (212) 262-5152E: [email protected] Attorneys for Defendants James Patrick Page, Robert Anthony Plant, and John Paul Jone
(collectively with John Bonham (Deceased), professionally known as Led Zeppelin)
Peter J. Anderson, Esquire100 Wilshire Blvd. | Suite 2010
Santa Monica, CA 90401T:(310) 260-6030F: (310) 260-6040E: [email protected] Attorney for Defendants Warner/Chappell Music, Inc., Atlantic Recording Corporation,
and Rhino Entertainment Company; James Patrick Page, Robert Anthony Plant, and John
Paul Jones
*****
Respectfully submitted,
Francis Alexander, LLC
/s/ Francis Alexander MalofiyFrancis Alexander Malofiy, EsquireAttorney ID No.: 208494280 N. Providence Road | Suite 1Media, PA 19063T: (215) 500-1000F: (215) 500-1005E: [email protected]
/d/ April 20, 2016
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 26 of 44 Page ID #:5704
mailto:[email protected]:[email protected]:[email protected]
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
27/44
PAGE 1 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO ROBERT ANTHONY PLANT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Francis Malofiy, EsquireFrancis Alexander, LLC280 N. Providence Rd. | Suite 1Media, PA 19063T: (215) 500-1000; F: (215) 500-1005
Glen L. Kulik, Esq.Kulik Gottesman & Siegel LLP15303 Ventura Blvd., Suite 1400Sherman Oaks, CA 91403T: (310) 557-9200; F: (310) 557-0224E: [email protected]
Attorneys for PlaintiffUNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
MICHAEL SKIDMORE, as Trustee forthe RANDY CRAIG WOLFE TRUST,
Plaintiff,
v.
LED ZEPPELIN; JAMES PATRICKPAGE; ROBERT ANTHONY PLANT;JOHN PAUL JONES; SUPER HYPEPUBLISHING, INC.; WARNER MUSICGROUP CORP., Parent ofWARNER/CHAPPELL MUSIC, INC.;ATLANTIC RECORDING
CORPORATION; RHINOENTERTAINMENT COMPANY,
Defendants.
Case No. 15-cv-03462 RGK (AGRx)
Hon. R. Gary Klausner
NOTICE TO ATTEND AND
TESTIFY DIRECTED TO
ROBERT ANTHONY PLANT
Date: May 10, 2016Time: 9:00 a.m.Room: 850
NOTICE TO ATTEND AND TESTIFY DIRECTED TOROBERT ANTHONY PLANT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 27 of 44 Page ID #:5705
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
28/44
PAGE 2 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO ROBERT ANTHONY PLANT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
TO: ROBERT ANTHONY PLANTPeter J. Anderson, Esquire100 Wilshire Blvd. | Suite 2010Santa Monica, CA 90401T:(310) 260-6030
F: (310) 260-6040E: [email protected] Attorney for Defendants Warner/Chappell Music, Inc., Atlantic Recording
Corporation, and Rhino Entertainment Company, James Patrick Page,
Robert Anthony Plant, and John Paul Jones
Helene Freeman, Esquire666 Fifth Avenue
New York, NY 10103-0084T: (212) 841-0547
F: (212) 262-5152E: [email protected]
Attorneys for Defendants James Patrick Page, Robert Anthony Plant, and
John Paul Jones (collectively with John Bonham (Deceased),
professionally known as Led Zeppelin)
TO DEFENDANT ROBERT ANTHONY PLANT AND HIS COUNSEL OF
RECORD:
PLEASE TAKE NOTICE THAT plaintiff Michael Skidmore demands the presence
Robert Anthony Plant on May 10, 2016, at Roybal Courthouse, Room 850, 255 East Temple Stre
Los Angeles California 90012-3332 to testify in the above-captioned matter.
DATED: April 20, 2016 FRANCIS ALEXANDER, LLC
By /s/ Francis Malofiy Francis MalofiyAttorneys for Plaintiff
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 28 of 44 Page ID #:5706
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
29/44
PAGE 3 OF 3
PLAINTIFF’S NOTICE TO ATTEND AND TESTIFY DIRECTED TO ROBERT ANTHONY PLANT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE
Plaintiff hereby represents that Plaintiff’s Notice to Attend and Testify Directed to Robe
Anthony Plant has been served upon counsel by email:
Helene Freeman, Esquire666 Fifth Avenue New York, NY 10103-0084T: (212) 841-0547F: (212) 262-5152E: [email protected] Attorneys for Defendants James Patrick Page, Robert Anthony Plant, and John Paul Jone
(collectively with John Bonham (Deceased), professionally known as Led Zeppelin)
Peter J. Anderson, Esquire100 Wilshire Blvd. | Suite 2010
Santa Monica, CA 90401T:(310) 260-6030F: (310) 260-6040E: [email protected] Attorney for Defendants Warner/Chappell Music, Inc., Atlantic Recording Corporation,
and Rhino Entertainment Company; James Patrick Page, Robert Anthony Plant, and John
Paul Jones
*****
Respectfully submitted,
Francis Alexander, LLC
/s/ Francis Alexander MalofiyFrancis Alexander Malofiy, EsquireAttorney ID No.: 208494280 N. Providence Road | Suite 1Media, PA 19063T: (215) 500-1000F: (215) 500-1005E: [email protected]
/d/ April 20, 2016
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 29 of 44 Page ID #:5707
mailto:[email protected]:[email protected]:[email protected]
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
30/44
EXHIBIT 2
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 30 of 44 Page ID #:5708
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
31/44
1
From: Peter J. Anderson [mailto:[email protected]]
Sent: Friday, May 06, 2016 7:23 PM
To: Francis Alexander Malofiy ; Helene M. Freeman
Cc: AJ Fluehr ; Glen Kulik
Subject: RE: Skidmore
Francis:
It really is important that you not misrepresent what Helene and I have said and written, and that youmeet the court’s deadlines rather than ignore them.
As Helene and I previously raised multiple times, if you wanted to use deposition testimony in lieu oflive testimony you were required to have provided marked transcripts at the 40 day meeting. Youdidn’t do so.
Also, even if you could cure that now, you haven’t done so. For example, you were required toprovide the full transcripts (not mini or newspaper-formatted versions) marked to show the testimonyyou intend to offer, so that the full transcripts with our objections noted can be lodged with the courtwith the required index. You can’t lodge the mini versions with small type and objections squeezed
in.
I also don’t understand your statement that it is nearly impossible to designate the testimony youintend to offer in lieu of live testimony – if that is so, then what did you just send us?
As to the various assertions in your e-mail, you know (for example from defendants’ inserts to the April 24, 2016 filing) that you’ve got the facts wrong and also have no legal basis for the relief youthreaten to seek. It is sufficient to say you are incorrect, we disagree with your assertions and therecord confirms you are incorrect. As an example, only, we have previously made it clear thatMessrs. Page and Plant will attend the trial, but with them coming from England we cannot guaranteethe day they will arrive. As for Mr. Jones, he was granted summary judgment and is no longer a
defendant in the case, although we expect him to testify as a defense witness.
Best regards.
Peter.
From: Francis Alexander Malofiy [mailto:[email protected]]
Sent: Thursday, May 05, 2016 11:11 PM
To: Peter J. Anderson; Helene M. Freeman
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 31 of 44 Page ID #:5709
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
32/44
2
Cc: Francis Alexander Malofiy; AJ Fluehr; Glen KulikSubject: RE: Skidmore
A file has been sent to you via Hightail - the best way to send, share, and store your files. Try it now.
Download the file - 2016.05.05 - LED ZEPPELIN - DEPOSITION - DESIGNATIONS (SERVED)~
Your file will expire after 14 days.
Dear Peter,
Attached please find Plaintiff’s Designations. We intend to use these designations including the deposition video at time
of trial. We will also be using defendants declarations, answers, and discovery responses in our case in chief (including
but not limited to: Page, Plant, and Jones, the corporate defendants, and dismissed defendants).
Additionally—and especially now because of the time constraints of the trial—I repeat myself in asking that for purposes
of scheduling witnesses and preparing for trial that you share with me whether or not Mr. Page, Mr. Plant, and Mr.
Jones will appear in Court on Tuesday, June 14, 2016 at 9 am. If they are not to appear on this date and time, please tell
me definitively a date and time when they will be present in Court—if at all.
As you are aware, we noticed and subpoenaed these defendants and it is nearly impossible to designate what portions
of their testimony will be necessary without knowing if Mr. Page, Mr. Plant, or Mr. Jones will appear in Plaintiff’s case in
chief. I therefore kindly reiterate my request to you as their counsel to inform me whether or not they will appear as
noticed and subpoenaed.
Because you have failed to work with me in regards to scheduling the party opponents for trial, Plaintiff reserves all
rights, including but not limited to asking the Court for a negative inference, precluding defendants from testifying in
defendants case in chief, and for a default. Plaintiff additionally, reserves the right to supplement or modify the
attached designations.
To the extent a witness is unavailable for time of trial, Plaintiff reserves his right to use their deposition testimony and
video.
To the extent you wish to discuss further I am working and available now. Additionally, I will be in the office all day
tomorrow (Friday).
***** With every good wish, I am,
Francis Malofiy, Esquire Francis Alexander, LLC 280 N. Providence Road | Suite 1 Media, PA 19063 T: (215) 500-1000 F: (215) 500-1005 E: [email protected]
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 32 of 44 Page ID #:5710
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
33/44
3
From: Francis Alexander Malofiy
Sent: Thursday, April 21, 2016 12:34 AM
To: 'Peter J. Anderson' ; 'Helene M. Freeman'
Cc: Francis Alexander Malofiy ; AJ Fluehr ; 'Glen Kulik'
Subject: RE: Skidmore
Dear Peter,
See attached
Notices
to
Attend
and
Testify.
For purposes of scheduling witnesses, please share with me whether or not Mr. Page, Mr. Plant, and Mr. Jones will
appear in Court on May 10th, 2016.
Please also advise as to the rest of the Notices.
*****
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 33 of 44 Page ID #:5711
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
34/44
4
NOTE: ADDRESS CHANGED TO “SUITE 1”
***** With every good wish, I am,
Francis Malofiy, Esquire Francis Alexander, LLC
280 N. Providence Road | Suite 1
Media, PA 19063 T: (215) 500-1000 F: (215) 500-1005 E: [email protected]
From: Francis Alexander Malofiy
Sent: Thursday, April 14, 2016 11:54 PM
To: 'Peter
J.
Anderson'
;
Helene
M.
Freeman
Cc: Francis Alexander Malofiy ; AJ Fluehr ; Glen Kulik
Subject: RE: Skidmore
Peter,
To be clear:
(1)
You are refusing to accept subpoenas on behalf of your clients? (Page, Plant, Jones, and the corporate
defendants which you represent)
(2)
Although we disagree whether or not your clients are within the subpoena power of the Court, can you confirm
that you will have your clients—Jimmy Page and Robert Plant—at trial from the start on May 10. As you know
we fully intend to have Jimmy Page and Robert Plant testify in Plaintiff’s case‐in‐chief. Because of scheduling of
witnesses and addressing issues with the Court, do you foresee any issue with this scheduling of Page, Plant, and
Jones?
(3) I’m not sure why you are making an issue regarding Page, Plant, and Jones video deposition, as I shared with
you, we fully intend to use the full video depositions to be played for the jury—subject to your objections which
we can discuss. As you know, many thousands of dollars were spent getting high quality video depositions of
defendants to be used at trial. Obviously, if Plant and Page fail to appear or refuse to appear—we will be left
with no choice but to play the full deposition to the jury.
***** With every good wish, I am,
Francis Malofiy, Esquire Francis Alexander, LLC 280 N. Providence Road | Suite 1 Media, PA 19063
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 34 of 44 Page ID #:5712
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
35/44
5
T: (215) 500-1000 F: (215) 500-1005 E: [email protected]
From: Peter J. Anderson [mailto:[email protected]]
Sent: Thursday, April 14, 2016 10:32 PM
To: Francis Alexander Malofiy
Cc: Helene M. Freeman ; AJ Fluehr ; Glen Kulik
Subject: RE: Skidmore
Francis:
Attached is your draft of the joint witness list, marked to show the changes.
As to presenting testimony by deposition/video in lieu of a witness appearing, you were required
under our local rules and the court’s order to, for example, identify the witness and the testimony youintended to use by providing marked copies of the deposition transcripts at the 40-day meeting. Younever did that, so you waived the right to use depositions in lieu of live testimony.
You may recall that I told you that I had marked the Ruhlman and Andes deposition testimony in thesummary judgment papers and that is what I would use for Ruhlmann and, if Andes didn’t appear, forhim. However, we don’t intend to call Ruhlmann and you’ve advised you’re producing Andes.
As to subpoenas, I’m not sure what you mean by subpoenas for “The Corporate Defendants.” If youmean Messrs. Blietz and Woerhle or any substitute PMK, I’m happy to find out if they’ll acceptsubpoenas and will let you know. The individual defendants, of course, are outside the court’s
subpoena power, so even if they were to be served that would be an idle act. But I do expect them toappear to testify, if that’s any help.
Best regards.
Peter.
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 35 of 44 Page ID #:5713
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
36/44
6
From: Francis Alexander Malofiy [mailto:[email protected]]
Sent: Thursday, April 14, 2016 5:32 PMTo: Peter J. Anderson; Helene M. FreemanCc: Francis Alexander Malofiy; AJ Fluehr; Glen Kulik
Subject: RE: Skidmore
Dear Peter,
See
attached
Joint
Witness
List.
Please confirm that you will accept service for your clients for subpoenas for them to appear at testify at trial.
Mr. Jimmy Page;
Mr. Robert Plant;
Mr. John Paul Jones; and
The Corporate Defendants
***** With every good wish, I am,
Francis Malofiy, Esquire Francis Alexander, LLC 280 N. Providence Road | Suite 1 Media, PA 19063 T: (215) 500-1000 F: (215) 500-1005 E: [email protected]
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 36 of 44 Page ID #:5714
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
37/44
EXHIBIT 3
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 37 of 44 Page ID #:5715
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
38/44
of 7 sheets Page 1 to 4 of 28 04/28/2016 08:42:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
UNITED STATES DISTRICT COURT
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
HONORABLE R. GARY KLAUSNER, U.S. DISTRICT JUDGE
MICHAEL SKIDMORE, as Trustee for the: )RANDY CRAIG WOLFE TRUST, )
)Plaintiff, )
)vs. ) CASE NO.
) CV 15-3462-RGK(AGRx))
LED ZEPPELIN, et al., ))
Defendants. ) ______________________________________)
REPORTER'S TRANSCRIPT OFPRETRIAL CONFERENCE
MONDAY, APRIL 25, 20169:08 A.M.
LOS ANGELES, CALIFORNIA
________________________________________________________
SHAYNA MONTGOMERY, CSR, RPR, CRR FEDERAL OFFICIAL COURT REPORTER
312 NORTH SPRING STREET
LOS ANGELES, CALIFORNIA 90012
(213) 894-2665
2
APPEARANCES OF COUNSEL:1
2
FOR THE PLAINTIFF:3
FRANCIS ALEXANDER, LLC4
BY: FRANCIS MALOFIY
Attorney at Law5
280 North Providence Road, Suite 1
Media, Pennsylvania 190636
(215) 500-1000
7
FOR THE PLAINTIFF:8
KULIK GOTTESMAN & SIEGEL LLP9
BY: GLEN L. KULIK
Attorney at Law10
15303 Ventura Boulevard, Suite 1400
Sherman Oaks, California 9140311
(310) 557-9200
12
FOR THE DEFENDANTS WARNER/CHAPELL MUSIC, RHINO ENTERTAINMENT13
COMPANY, ATLANTIC RECORDING CORPORATION, ROBERT ANTHONY PLANT
AND JAMES PATRICK PAGE:14
LAW OFFICES OF PETER J. ANDERSON PC15 BY: PETER J. ANDERSON
Attorney at Law16
100 Wilshire Boulevard, Suite 2010
Santa Monica, California 9040117
(310) 260-6030
18
FOR THE DEFENDANTS JAMES PATRICK PAGE, ROBERT ANTHONY PLANT AND19
JOHN PAUL JONES:
20
PHILLIPS NIZER LLP
BY: HELENE M. FREEMAN21
Attorney at Law
666 Fifth Avenue22
New York, New York 10103
(212) 977-970023
24
25
UNITED STATES DISTRICT COURT
3
LOS ANGELES, CALIFORNIA; MONDAY, APRIL 25, 20161
9:08 A.M.2
--oOo--3
THE COURTROOM DEPUTY: Calling calendar item number4
five, case number Civil 15-3462-RGK, Michael Skidmore vs.5
Led Zeppelin, et al.6
Counsel, please come forward and state your appearances.7
MR. ANDERSON: Good morning, Your Honor. Peter8
Anderson for defendants Warner/Chapell Music, Rhino9
Entertainment Company, Atlantic Recording Corporation,10
Mr. Plant and Mr. Page, and with me is Ms. Freeman.11
THE COURT: Okay.12
MS. FREEMAN: Helene Freeman, co-counsel for13
defendants James Patrick Page, Robert Anthony Plant and14
John Paul Jones.15
THE COURT: Okay. Thank you, counsel.16
MR. MALOFIY: May it please the Court, attorney17
Francis Alexander Malofiy on behalf of plaintiff Michael18
Skidmore as trustee for the Randy Craig Wolfe Trust, who is19
here today, and also my co-counsel.20
MR. KULIK: Good morning, Your Honor. I'm Glen21
Kulik, co-counsel for the plaintiff.22
THE COURT: Okay. Thank you, counsel.23
Let's talk a little bit about -- why don't you have a24
seat, we'll be a few minutes.25
UNITED STATES DISTRICT COURT
4
Let's talk about pretrial. This is to help you out to1
decide -- or to understand what's going to happen when you come2
in in a couple of weeks as far as the trial is concerned.3
Let me, first of all, start by talking to you about --4
well, let's get the tough part over first, the part the5
attorneys never like, and that is, is we set time limits here.6
I set them off witness statements that -- the joint witness7
list you've submitted as to what they'll be testifying to and8
what's significant and what the issues are, and we adhere by9
those time limits.10
In this case, for instance, although you've had numerous11
witnesses, many of them are either repetitive or not necessary.12
In looking at it -- and let me just give you an example.13
First, it's on the issue of creation of the song. We have one,14
two, three, four, five, six, seven, eight, nine, ten, 11, 12 --15
12 witnesses on that. As far as I'm concerned, that's one16
issue, one witness as far as I'm concerned. If you want to17
call two, three, four, that's fine. You can call as many18
witnesses as you want, but you're going to be within a time19
frame. You know, we have the same thing on experts on20
similarity. We've got four, five experts on similarity. You21
can call five if you want, or you can call one if you want.22
That's up to you. How you put the case on is up to you.23
But as far as the issues that are involved in this case,24
it's a much shorter case than you've anticipated. When you25
UNITED STATES DISTRICT COURT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 38 of 44 Page ID #:5716
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
39/44
4/28/2016 08:42:38 PM Page 5 to 8 of 28 2 of 7 s
5
first came in here, you said 15 days. I told you at that time1
probably about four or five days. I even think four or five2
days may be a little long in this case. You have basically3
four issues or areas that you're going to be going into.4
You're going to be going into whether or not there is a valid5
copyright on it by the plaintiff. Number two, you're going to6
be looking at whether or not there's similarities in the two.7
If there are, then you're going to be looking at access. If8
there is access, similarities and copyright, then you're9looking at damages. You're looking at four areas.10
So even if you spend a couple of hours on copyright and a11
couple of hours on access, three or four hours on similarities12
between the songs, couple hours in damages, you're looking at13
about ten hours on this case. It should be able to be14
presented in ten hours without any problem. I'm going to15
double that. I'm going to give ten hours per side. So each16
side will get up to ten hours to try their case. Now -- and I17
may or may not review that and revise that on the trial date,18
but that's what we can count on now, ten hours a side.19
Let me talk to you about the ten hours. That comes from20
any time you're asking questions or any time you're21
cross-examining, any time you're talking, when there's22
witnesses on the stand, that's part of the ten hours. It does23
not include opening statement. It does not include closing24
argument. I'll give you time limits on those when we get --25
UNITED STATES DISTRICT COURT
6
you know, on the day of the trial. But keep in mind I will1
keep a running tally, kind of a time clock thing, as to2
those -- as to your time. I'll give it to you in terms of3
minutes rather than hours. For instance, what, that's 6004
minutes for ten hours, and I'll let you know each day what5
you're down to, how much time you have left.6
If you use up those ten hours or whatever those time7
limits are and the other side hasn't, keep in mind that as8
they're asking questions you're not going to be able to9
cross-examine. Once you've used your time, you're out. That's10
it. So be very careful that you plan your case accordingly.11
Make sure that you use your time accordingly.12
Now, keep in mind nobody's infallible, even this Court,13
and so sometimes we get that wrong. And if at the end of the14
trial or at the end of your time limits I'm convinced that15
you've used your time efficiently and effectively and the16
interest of justice calls for more time, I'll give it to you.17
I'll give you more time if I think you -- caveat, in 14 years18
since I've been here that's only happened once, so don't count19
on it, but I will -- I will take that into consideration.20
So keep in mind that ten hours and plan accordingly. I21
know it takes more preparation. There used to be a great22
commentator on TV that used to say, "It takes me take me four23
or five hours to" -- or, excuse me, "It takes me half hour to24
prepare an hour speech. It takes me three hours to prepare a25
UNITED STATES DISTRICT COURT
7
ten minute speech" because you have to focus, you have to1
figure what exactly has to get in there, et cetera. So it's2
going to be more preparation on you, but it's going to be a3
much cleaner case. It's going to be much more focused. It's4
going to go to the jury without red herrings and things that5
are going to confuse them, and it'll be a better trial on6
everyone's behalf.7
Okay. Let me talk to you about motions in limine. On8
motions in limine, let me just give you tentatives at this9time, and I want you to keep in mind something on motions in10
limine. As we know, they're really evidentiary rulings by the11
Court, and they're tentative evidentiary rulings. Basically,12
what it's saying is no, you can't get into that unless the13
Court changes its mind. And the reason I tell you that is that14
during the trial, depending on what evidence comes in,15
something that we may have said was excluded may become16
relevant at one time and then you bring it in.17
So these are tentative rulings that the Court's going to18
be issuing on these, and this is going to be tentative,19
tentative rulings because I'm going to -- on the day of the20
trial, I'm going to most probably say the same reason I gave21
you today, hold. But between now and then, I'm going to be22
looking at a few things and some of them may change, so the23
motions in limine, the final ruling on the motions in limine24
will be on the day of trial.25
UNITED STATES DISTRICT COURT
8
But let me give you -- so that you can prepare the case,1
let me tell you what the tentatives on this are. As to the2
defendants' motions in limine -- and you know what your motion3
in limine are, so I'm just going to go through by number. Some4
of them I'll stop and talk to you about. If you're confused as5
to what that motion in limine is, stop me and I'll be happy to6
explain to you which motion in limine it is.7
But, for instance, on the defense, on number one8
concerning Randy Wolfe's statement, that will be granted.9
Number two concerning the newspaper articles and books, 10
to the books that'll probably be granted. As to pages,11
statements that were made in magazines, that may very well be12
relevant as far as accessibility, as far as whether or not they13
saw people talking to each other, et cetera.14
Number three, motions to exclude the recordings, again15
this is about composition and protected areas under the16
composition, not the recording, so that would be granted.17
Number four, motions to exclude testimony of exhibits18
of -- excuse me, motions to exclude the testimony and exhibits19
of the plaintiff's experts, that's a little difficult to20
explain, but the expert testimony that is based on the21
composition itself incoming, any expert testimony that's based22
on the musical composition, the musical performance, would not23
be admissible.24
Number five, motions to exclude other claims against25
UNITED STATES DISTRICT COURT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 39 of 44 Page ID #:5717
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
40/44
of 7 sheets Page 9 to 12 of 28 04/28/2016 08:42:
9
Led Zeppelin will be granted.1
Motions to exclude reports from the historians would be2
granted.3
Number seven, motions to exclude levels of wealth will be4
granted.5
Number eight, motions to exclude evidence regarding6
charitable goals of the Trust will be granted.7
Number nine, motions to exclude reference to8
extraterritorial revenues and revenues earned outside of the9limitation period. As to province earned outside of the10
limitation period, that will be granted. As to territorial11
limits, that would be denied.12
Number ten, I'm going to have to give you a little bit13
more reading on this when you come in for trial. These are the14
motions to exclude witnesses that have not been disclosed. The15
fact that you put a whole bunch of witnesses' names into16
hundreds of pages of discovery doesn't necessarily give you17
notice that these may be potential witnesses. So the Court's18
looking at it as whether or not you are on notice that these19
may be witnesses or not. Some of them, it looks like, are20
going to be excluded; some of them may not be. For instance,21
one that may not be is Wolfe because I think both sides22
understand that Wolfe was, you know, a participant in Spirit,23
et cetera, and may be called as a witness, but I'll give you24
that on the day of trial more explicitly.25
UNITED STATES DISTRICT COURT
10
Number 12 as to alcohol abuse, that will be granted.1
Number 13 as to insurance or indemnity agreement, that2
will be granted.3
Number 14 as to the actual complaint going in front of4
jury, that will not happen. They'll be told what the causes of5
action are, but the actual complaint will not be in front of6
them.7
As to the plaintiff's motions in limine as to the validity8
or legitimacy of the Trust, that will be granted. As to9
evidence concerning the son of Wolfe and whether or not he owns10
a copyright or not, that will be denied. And as to the motion11
to exclude any experts on damages by the defense, that, I'm12
assuming, is going to be in rebuttal. So it'll be denied as13
far as rebuttal is concerned.14
Okay. Now that's on the motions in limine. Let me talk15
to you a little bit about what you can expect when you come in16
for trial. First of all, I don't know if you have it or not,17
you'll have to tell me. Do you have a short statement of the18
case already filed with the court?19
MR. ANDERSON: Not yet.20
MR. MALOFIY: No, we do not, Your Honor.21
THE COURT: Okay. What I'd like is -- when I say a22
short statement, the operative word there is "short." Maybe a23
paragraph just to tell the jury what it's about, you know,24
what -- this is a copyright-type case involving these two25
UNITED STATES DISTRICT COURT
11
songs, et cetera. But I don't want it argumentative or to go1
longer than maybe a paragraph, just something short we can re2
to them.3
I also want every day an order of the witnesses that you4
intend to call that day, and make it for the next maybe two5
days so I know when the witnesses are going to be called and6
what order they'll be called. I've got a list of the7
witnesses, but I don't know what order you're going to be8
calling them in.9Number three, voir dire, the Court conducts the voir dire10
in cases in this court. We will be bringing in -- well, first11
of all we're going to pick a jury of eight so we have two12
extras in case there's any problem. That means I'm going to13
give you four peremptory challenges on each side. We'll be14
bringing in the jury. We'll sit 14 up -- it's a six-pack-type15
thing. We'll be sitting 14 up there. The Court will voir dire16
them. After I voir dire them -- and by the way, any questions17
that you would like to ask on voir dire, if you've not already18
submitted them, you can submit them and the Court will consid19
those and incorporate them to the extent I feel it's20
appropriate during my voir dire.21
The 14 will sit there. We'll go through the voir dire.22
After I've done that, we'll meet over here at the side bench,23
counsel and myself, and we'll go through your challenges,24
challenges for cause, any of the 14 that we have sat in the25
UNITED STATES DISTRICT COURT
12
box. Peremptory challenges only as to the first eight. No1
reason to exercise a peremptory challenge before one of the2
eight, you know, it doesn't make much sense. Remember as y3
go through that on your peremptory challenges, if you pass on 4
peremptory challenge, you do not lose it, which means that we5
may end up in a situation where somebody has two or three6
peremptory challenges left and the other side doesn't have any7
That's fine, but you remember that if you pass and the other8
side passes, you've got your jury. You can't go back and9
exercise and begin if both sides pass, but you don't lose it if10
you pass, is what I'm saying.11
When we finish the voir dire over here -- excuse me, the12
challenges over here, I'll take the bench, and I'll excuse.13
When we get to seven jurors being excused, I'll get -- come14
back, take the bench, and I'll excuse the seven jurors by just15
calling their number and excusing them. They will not know wh16
excused them or why they were excused, whether it's for cause17
or peremptory or whatever. We'll just excuse those seven.18
Then we'll bring another seven in. We'll go through the same19
process again, go through the same process as far as challenge20
until we get a jury of eight that we can sit.21
I don't know if you have any questions on that process22
that I've just told you as far as voir dire.23
MR. ANDERSON: Not on voir dire, Your Honor. I do24
have --25
UNITED STATES DISTRICT COURT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 40 of 44 Page ID #:5718
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
41/44
4/28/2016 08:42:38 PM Page 13 to 16 of 28 4 of 7 s
13
THE COURT: Well, we'll get to other matters in a1
second. I just want to make sure voir dire, but --2
MR. ANDERSON: Thank you.3
THE COURT: Save your question, I'll address it. I4
just want to -- on voir dire, any other questions on voir dire?5
Okay.6
If not, keep in mind something interesting. That bench7
conference we have over there will be the only bench conference8
that we'll ever have during the trial. I don't have bench9conferences during a trial. I'll talk to you maybe a little10
bit later on it, but if you have objections and you want to be11
heard on the objections, you bet, but you'll be heard at the12
next time we make a break. I'll be ruling on the objection.13
We'll proceed. Next time we make a break, you put it on the14
record and we can either correct it if it has to be corrected15
or at least preserve the record for later, but we do not break16
in front of jury for bench conferences.17
A couple of the procedural things that I just wanted to18
address -- every court does it a little differently -- in here,19
any time you make an objection please stand so I know you're20
making an objection. Sometimes if you don't stand and, you21
know, in a very low voice you say, "Objection," I won't even22
hear it. So, you know, stand and let me know you're making the23
objection. Do not argue objections in court. You can tell us24
what the objection is. "Objection, hearsay." That's it. We25
UNITED STATES DISTRICT COURT
14
do not argue in front of the jury as to what the objection is,1
and the other side can say "Not offered for the truth of the2
matter." That's fine, but we don't argue further than that.3
Any time you present evidence to this Court always present4
it through the clerk. Never approach a witness directly,5
always through the clerk and give it to the clerk and she'll6
take it to the witness. You know, I don't think it has to be7
said because I think, you know, we're pretty professional here,8
but never refer to a witness by first name. Everybody has the9
dignity in this court by being referred to by their last name.10
If -- and this is just to run the case smoothly -- if11
somebody says, "I want to introduce Exhibit 1 or whatever it is12
into evidence," I will always wait about three or four seconds,13
and if I don't hear an objection I'll probably say "Received."14
The reason I say that is don't feel obligated to get up and15
constantly say "No objection." You can if you want, but you16
don't have to say no objection on it. If there's no objection17
within three or four seconds, I'm assuming there's not going to18
be an objection.19
When you speak, always speak -- with the exception of20
making the objection where you could stand where you are --21
when you speak, always speak from the podium or the lectern,22
whichever one you want to call it here, because everything has23
to be on the record. I've got -- I need you in front of the24
microphone, and we don't -- like in, you know, some other25
UNITED STATES DISTRICT COURT
15
courts or particularly in state courts you have wandering1
around, talking in front of there, you don't here. You speak2
from the lectern and only from the lectern.3
If you introduce evidence or exhibits that are voluminous4
only introduce those pages that have been referred to in the5
testimony. If you have a 100-page document and you only re6
to three pages, only introduce those three pages, not the7
entire voluminous document -- document on it. You will find8
out that almost anything that the attorneys agree on, the9Court -- as long as it doesn't affect the jury and the time10
limits, the Court will go along with you. If you want to call11
witnesses out of order, if you want to do this or that, I'm12
very big on the attorneys' cooperation in the case and what yo13
decide to do, and if you both agree to do it, I almost always14
will ride with it. So before you bring anything to the Court's15
attention, I really want you to -- the two sides to talk about16
it, see if you can agree on it. If you can't, bring it to my17
attention. I'll be happy to make the call on it.18
The one area that somebody asked me the other day abo19
is there anything that we have to know about the Court's20
idiosyncrasies, you know, really irritating the Court, and the21
answer is yeah. Not a whole lot, but the biggest thing is if22
there's any lack of civility. And I don't expect that here,23
but if there's any lack of civility at all, I wouldn't want to24
be in your shoes, is all I can say. I want this jury when they25
UNITED STATES DISTRICT COURT
16
leave here to be under the impression that both sides are very1
professional and both sides respect each other as attorneys an2
as lawyers and as officers of the court.3
I don't care what you do in the alleys behind court after4
session when we're not in session, but when you're in court,5
each side is going to show utmost respect to each other. If6
you don't, the Court will come down heavily on you as far as7
sanctions, and even sometimes if you don't follow the court8
order or you're causing troubles in court, many times it will9
be to the point where I will correct you and admonish you in10
front of the jury, and you don't want that to happen. You11
know, nobody wants to be admonished in front of the jury. It12
looks bad. There's no reason for that, I don't expect that in13
this case, but I just wanted to give you a heads up so that14
nobody's blindsided on it, that civility is a real big thing in15
this court.16
Let's see. Time, let me talk to you a little bit about17
time and -- I haven't forgotten you, I'm going to get to your18
question, counsel, in just a second. Time. When you come on19
in the first day you'll come in at nine o'clock, we'll do some20
logistical things, get things wrapped up. At quarter of 10:00,21
we'll have the jury down here. We'll pick the jury at quarter22
of 10:00 and proceed at that time. The first day, because23
we're starting a little bit late that way, we'll have to adjust24
depending on voir dire and everything else.25
UNITED STATES DISTRICT COURT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 41 of 44 Page ID #:5719
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
42/44
of 7 sheets Page 17 to 20 of 28 04/28/2016 08:42:
17
Now, the second and remaining days of the jury trial will1
always be on a schedule, and it'll be from 8:30 in the morning2
until 11:30. We'll take a break for lunch until 1:00. We'll3
come back at 1:00 and go until 4:00. That's a three-hour4
session in the morning, three-hour session in the afternoon.5
We'll give you a 15-minute break in there to take care of 6
needs, et cetera, but you can set your watch by that. At 8:307
we're going to be starting, and the jurors will know this too,8
you know, if somebody's missing, even a juror, we'll probably9sit here with everyone in court waiting as that person walks10
in, which will for sure be embarrassing. We'll start right at11
8:30.12
Keep in mind that it's just as important to end on time as13
it is to start on time. At four o'clock, if you're in the14
middle of a question, I'll probably say, "Remember that15
question. You can repeat it tomorrow morning, but you're not16
going to ask it now." Four o'clock we break. Jurors who we17
call in -- you know, and it's never comfortable for them, and18
they've got families that work here. They're entitled to know19
when they're free and when they're not. They're going to know20
that at four o'clock they're going to be free, so if they have21
somebody picking them up, if they have to do some obligation22
after court, that they can count on that because they will be23
through at four o'clock, and they can do whatever they want.24
And, by the way, the same is true for lunch. 11:30 we'll stop;25
UNITED STATES DISTRICT COURT
18
at one o'clock we'll start. So you can almost set your clock1
by that.2
Now, interesting thing, what happens if you get to quarter3
of 4:00 and you've run out of witnesses, and you say, Would you4
mind if we end a little bit early rather than late? Would you5
mind if we ended quarter of 4:00? The answer is no, I don't6
mind if you end early, but that 15 minutes is going to come off 7
your time, so -- just as if you're questioning a witness. So8
you want to make sure you always have backup witnesses so that9
that doesn't happen.10
Well, counsel, you know, I've been talking a lot here.11
I've been going kind of fast, and I don't want to bore you all.12
You've been in trials before.13
So let me ask you this: What questions might you have at14
this time? And you said you had one.15
MR. ANDERSON: Yes, Your Honor, thank you.16
On the Motion in Limine Number 3, we, of course,17
appreciate the Court's ruling that the evidence and the experts18
will be confined to the transcriptions. Our concern is19
several. One is none of the plaintiff's experts have ever20
issued --21
THE COURT: Counsel, let me help you out. The22
motions in limine were briefed fully by both sides. The23
Court's made rulings on them. I'm not opening it up for24
discussion at this time. If you have something you want me to25
UNITED STATES DISTRICT COURT
19
consider that you haven't put in your moving papers, go ahead1
and submit it in the next day or two. I'll look at it again.2
As I said, these are tentative until day of trial.3
MR. ANDERSON: Okay, but, Your Honor, my questio4
whether plaintiff can be required at this point to provide the5
Rule 26(f) -- the 26 reports for the experts that were never6
provided. And -- so is Your Honor considering that we'll7
proceed to trial without either 26 -- Rule 26 reports from8
plaintiff's experts on the transcription and depositions of 9those experts?10
THE COURT: The general rule applies, and that is if11
you have not followed the rules and it's not properly12
admissible, it's not going to come in, you know.13
MR. ANDERSON: That's fine. Thank you, Your Honor14
THE COURT: Yeah.15
MR. ANDERSON: Thank you for the clarification.16
THE COURT: Oh, sure.17
MR. ANDERSON: I may have misheard, but I think o18
in Limine Number 10, which seeks the exclusion of Mr. Knight,19
Mr. Lee and -- both Mr. Lees and others, I believe I heard you20
refer to Mr. Wolfe as a witness.21
THE COURT: Oh, I'm sorry. No, I'm sorry.22
Mr. Knight I was referring to.23
MR. ANDERSON: Okay.24
THE COURT: I misspoke.25
UNITED STATES DISTRICT COURT
20
MR. ANDERSON: Thank you, Your Honor. And --1
THE COURT: Mr. Wolfe would be tough to get in as a2
witness.3
MR. ANDERSON: Yes, we tried, Your Honor, but4
weren't able to pull that one off. And then the only other5
thing I supposed I should repeat the request for a Daubert6
hearing if any of the experts that plaintiff has identified do7
get past the Rule 26 issue.8
THE COURT: Well, again, anybody in a case could9
file any motions they wish to file. If you want to make them,10
that's fine, make those motions. The Court will determine,11
number one, whether or not they're timely and should be12
addressed, or we'll rule on them. So I'm not foreclosing you13
from making any motions you want.14
MR. ANDERSON: Thank you very much, Your Honor.15
THE COURT: Counsel, anything for you?16
MR. MALOFIY: Yes, Your Honor.17
May it please the Court, couple questions to address with18
the Court. One issue is that in this case, defendants had19
agreed to personal jurisdiction of this court rather than the20
court of Philadelphia. It was transferred from the Eastern21
District of Philadelphia to this court, and now defendants are22
refusing to appear in this court in the claims against them.23
Plaintiff intended to, at all times, bring them in plaintiff's24
case-in-chief as if on cross, and defendants are telling me,25
UNITED STATES DISTRICT COURT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 42 of 44 Page ID #:5720
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
43/44
4/28/2016 08:42:38 PM Page 21 to 24 of 28 6 of 7 s
21
defense counsel, that they're outside the power of this court1
and they won't appear. If that's the case, plaintiff would be2
asking for, at the very least, a negative inference or default3
if they're not going to appear in this court.4
THE COURT: Nothing has to be to argued. He's just5
saying that that's what he's going to do.6
MR. ANDERSON: Thank you, Your Honor.7
THE COURT: Anything else? If you're asking for8
rulings today, counsel, anything you want, put it in writing9and I'll rule on it, and those are things that should be10
addressed before court because they may not be timely. So11
there -- and I appreciate you letting everybody know, myself12
and counsel know, that this may be something you'll be raising.13
MR. MALOFIY: It is an issue also because in14
preparation for the case --15
THE COURT: Okay.16
MR. MALOFIY: -- and to be conscience of the Court's17
calendar, the witnesses -- calendaring of the witnesses as18
well, if we're going to be using designations, we need to know19
if they're going to appear. And if they're not going to20
appear, we're going to spend quite a bit of time chopping up21
the videos for time of trial, and that's a concern that we22
have. I wanted to raise it with the Court because it deals23
with calendaring and it deals with scheduling. That's just24
something I wanted to make the Court aware of.25
UNITED STATES DISTRICT COURT
22
THE COURT: I appreciate that, and go ahead and put1
it in writing. I appreciate that, I'm just not going to be2
ruling on anything today on it.3
MR. MALOFIY: All right. Understood. Thank you,4
Your Honor.5
THE COURT: Any time any issue comes up, I want to6
make sure that it's in writing in front of the Court and that7
the other side has an opportunity to respond to it, and then8
I'll make the writing. A lot of people -- or the ruling. A9
lot of people like to bring up things and have them done right10
here in court, and that's not fair to either side. So I always11
want it in writing, and we'll address it.12
MR. MALOFIY: Thank you, Your Honor.13
THE COURT: But thank you for notifying us. It's14
always better to let us know what your plans are.15
MR. MALOFIY: Another issue is there was a witness,16
a Mike Ware, who was actually at the concert in the UK and was17
at the front row and has a clear and distinct memory of seeing18
Robert Plant in the front row watching the Spirit show. Now,19
he has Parkinson's and he doesn't have a passport, but he said20
-- and we just found out about him, I believe in the last week,21
and we disclosed it immediately to the other side.22
He asked -- he said he would like to testify, but he would23
be -- if it was possible, to do it telephonically or a video24
conference or even schedule a deposition, fly out there and a25
UNITED STATES DISTRICT COURT
23
take a brief deposition of him to be used in this case before1
trial.2
THE COURT: Okay. Well, see what you can work ou3
with counsel. If not, make the motion, I'll be happy to rule4
on it.5
MR. MALOFIY: Thank you, Your Honor.6
Next issue, I believe you had said that each side gets ten7
hours, and I wasn't sure if that was in our case-in-chief or --8
in our case-in-chief and also for cross-examination.9THE COURT: Any time any testimony is being given10
MR. MALOFIY: Thank you, Your Honor.11
THE COURT: It does not include opening statement 12
closing argument.13
MR. MALOFIY: Understood. Is there any time14
limitation on the opening statement or closing argument?15
THE COURT: Oh, yeah, there will be, but I'll talk16
to you about it. What is it normally? I can tell you right17
now. It's normally about a half hour, 45 minutes for opening18
statement, but I'll tell you on the day of trial for sure.19
MR. MALOFIY: All right. One --20
THE COURT: Many times opening statement can be21
done -- you know, it depends on how -- how complicated the ca22
is, and one of the things everyone knows is you can make a cas23
as complicated as you want or as streamline as you want. But24
we'll decide -- I would say probably half hour, in that area.25
UNITED STATES DISTRICT COURT
24
Okay?1
MR. MALOFIY: One other issue as it relates to the2
trial technology, my understanding is -- and from viewing the3
room, it has monitors and other technology here. As far as the4
audio exhibits we intend to play at time of trial, it uses a5
special program, Pro Tools program, which we would require tw6
laptops. It's my understanding that your rules only allow one7
laptop for a trial tech, and my request of this Court is would8
this Court allow, because this is a case that is very much9
focused on the audio and things relating to the case, if we10
could have an additional laptop with a trial audio tech to run11
that.12
THE COURT: Yeah, I may very well consider that, b13
put it in writing what you want. If you want an exception to14
the rules, just let me know.15
MR. MALOFIY: Last two things is would we be16
permitted to bring high fidelity speakers into the courtroom?17
THE COURT: Probably not.18
MR. MALOFIY: Okay. As far as --19
THE COURT: Let me make sure, just the value of th20
idea that -- and some cases come in and they say, Well we wan21
the courtroom for five days. Other things we may be doing to22
the courtroom, that's why -- that's why when boxes of exhibits23
are brought in, sometimes the attorneys are upset that they24
have to take all those boxes home at night. They say, Well,25
UNITED STATES DISTRICT COURT
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 43 of 44 Page ID #:5721
8/17/2019 Frances Malofiy Declaration (Skidmore v. Led Zeppelin "Stairway to Heaven" lawsuit)
44/44
25
can't we just store them in the courtroom? This is a courtroom1
that has a lot of cases, obviously, not just one. So I just2
want to disavow anybody of the idea that we own the courtroom3
for three or four days or five days, whatever it is.4
Go ahead -- and as far as the technical equipment, if it's5
needed, we allow it in. Talk to the technicians about it, see6
if they can resolve it for you. If they can't, make a motion7
to me, and if it's something that's necessary, yeah, we'll let8
it in.9MR. MALOFIY: Last thing, as far as courtroom10
technology, do you prefer the projection screen -- I believe11
one's built into this room -- or do you prefer using the12
monitors?13
THE COURT: Monitors. We do have a projection14
screen, but they've had so much problems with it.15
MR. MALOFIY: Understand.16
THE COURT: We have monitors on both sides as you17
can see.18
MR. MALOFIY: As far as setting up, is that19
something to discuss with you now?20
THE COURT: No, that's with the technicians.21
MR. MALOFIY: Okay. Very well, Your Honor.22
I'm not sure -- I believe that's all the questions I have.23
I don't know if my co-counsel has additional ones. May I speak24
to my co-counsel?25
UNITED STATES DISTRICT COURT
26
THE COURT: There's no such thing as an attorney1
that doesn't have a question, counsel. Go ahead.2
MR. MALOFIY: Also, in Limine Motion Number 11,3
could you repeat your ruling, Your Honor? And I apologize.4
THE COURT: Sure, no problem. Let me get it.5
Number 11?6
MR. MALOFIY: Yes, Your Honor.7
THE COURT: That's the one that I coupled with 10.8
Probably would allow -- would not exclude and would deny that9
motion because I think Knight probably is someone that you knew10
or should have known would be a witness, so I'll probably be11
denying that, but I want to go over it. It kind of relates12
to -- because I believe that that's folded into Number 10 also.13
MR. MALOFIY: Understood.14
THE COURT: And some of those witnesses in 10, I'm15
going to be granting the motion; some I may be denying the16
motion. It probably will be denied as to Knight.17
MR. MALOFIY: Okay.18
THE COURT: AKA Wolfe.19
MR. MALOFIY: Right, Knight.20
THE COURT Ok21
27
MR. ANDERSON: Thank you, Your Honor.1
MR. MALOFIY: Thank you, Your Honor2
THE COURTROOM DEPUTY: All rise. Court is in3
recess.4
(The proceedings concluded at 9:38 a.m.)5
6
7
8
910
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
UNITED STATES DISTRICT COURT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
CERTIFICATE OF OFFICIAL REPORTER
COUNTY OF LOS ANGELES )
)STATE OF CALIFORNIA )
I, SHAYNA MONTGOMERY, Federal Official Realtime
Court Reporter, in and for the United States District Court fo
the Central District of California, do hereby certify that
pursuant to Section 753, Title 28, United States Code that the
foregoing is a true and correct transcript of the
stenographically reported proceedings held in the
above-entitled matter and that the transcript page format is i
conformance with the regulations of the judicial conference of
the United States.
Date: April 28, 2016
/s/ SHAYNA MONTGOMERY
SHAYNA MONTGOMERY, CSR, RPR, CRR
Federal Official Court Reporter
Case 2:15-cv-03462-RGK-AGR Document 220-1 Filed 05/17/16 Page 44 of 44 Page ID #:5722