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Young Bloods Declaration Settlement

Young Bloods Declaration Settlement

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Published by: title17 on Mar 09, 2012
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09/20/2013

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK
ELMO SHROPSHIRE, INDIVIDUALLY AND AS A
MEMBER OF "ELMO & PATSY"; On Behalf Of
Himself And All Others Similarly Situated
Plaintiff,
-against-
SONY MUSIC ENTERTAINMENT, a Delaware
General Partnership,Defendant.06 Civ. 3252 (GBD) (KNF)
ECF CASE
Plaintiff,
vs.
BMG MUSIC,Defendant.
"THE YOUNGBLOODS" (Perry Miller p/k/a JesseColin Young; Lowell Levinger; Jerry Corbitt; MinaBauer, the widow of Joe Bauer; and manager StuartKutchins), On Behalf Of Itself And All Others Similarly
Situated,07 Civ. 2394 (GBD) (KNF)
ECF CASE
DECLARATION OF BRIAN CAPLAN IN SUPPORT OF MOTION FORPRELIMINARY APPROVAL OF SETTLEMENTS
BRIAN CAPLAN
makes the following declaration, under penalty of perjury, pursuant to
28 U.S.C. § 1746:
1.
I am member of Caplan & Ross LLP, co-counsel of record together withthe law firms of Milberg LLP and Probstein, Weiner, and Butler for Plaintiff Elmo Shropshire in
Shropshire v. Sony Music Entertainment,
06 Civ. 3252 (GBD) (KNF) (the
"SME Action")
and
co-counsel of record together with the law firms of Milberg LLP and Law Offices of Thomas A.
Case 1:07-cv-02394-GBD -KNF Document 121 Filed 03/07/12 Page 1 of 12
 
Cohen for Plaintiff The Youngbloods in
Youngbloods v. BMG Music,
07 Civ. 2394 (GBD)(KNF) (the
"BMG Action").
I make this declaration in support of plaintiff's motion for
preliminary approval of the proposed settlements with Defendant Sony Music Entertainment
("SME") and BMG Music ("BMG" now known as Arista Music ("Arista")).
2.
I make this declaration based upon personal knowledge of the facts setforth herein and upon my review of the Court's docket and the papers filed in these actions. Ifcalled as a witness I could and would testify competently to these facts under oath.
3.
The parties to the above captioned Actions, after extensive arm's lengthnegotiations between all counsel, who are experienced and qualified in this type of complexlitigation and the issues covered by the instant litigation, have reached proposed settlements ofthe Actions which are memorialized in each action in a Stipulation and Agreement of Settlement(the "Stipulations"), attached hereto as Exhibits 1 and 2, which each have the following attached
exhibits:
Exhibit A:
Preliminary Order for Notice and Hearing In Connection With
Settlement Proceedings
Exhibit A-1:
Notice of Pendency of Class Actions, Proposed Settlements ofClass Actions, Motions for Attorneys' Fees and Expenses, and Settlement
Hearings
Exhibit
A-2: Claim Form
Exhibit A-3:
Publication Notice
Exhibit B:
Order and Final Judgment
4.
Attached hereto as Exhibit 3 is the resume of Caplan & Ross, LLP.
5.
Attached hereto as Exhibit 4 is the resume of Milberg LLP.
2
Case 1:07-cv-02394-GBD -KNF Document 121 Filed 03/07/12 Page 2 of 12
 
6.
Attached hereto as Exhibit 5 is the resume of Probstein, Weiner & Butler.
7.
Attached hereto as Exhibit 6 is the resume of the Law Offices of Thomas
A. Cohen.
8.
Plaintiffs make this motion seeking entry of a proposed Preliminary Orderfor Notice and Hearing In Connection With Settlement Proceedings, in each of the actions inaccordance with the terms of the Stipulations between and among Plaintiffs and Defendants
SME and Arista.
9.
Plaintiffs have aggressively litigated these class actions brought on behalfof classes of persons who entered into recording or production agreements with labels affiliatedwith, or subsidiaries of, SME and
BMG.
After engaging in discovery and vigorous, arms'-length
negotiations with the assistance of mediator Eric Van Loon of JAMS, the parties reached anagreement regarding the settlement of the Actions, set forth initially in a Confidential SummaryTerm Sheet ("Term Sheet"), entered into and dated August 11, 2011, and then memorialized inthe Stipulations attached hereto as Exhibits 1 and 2.
10.
Before reaching the proposed settlements with defense counsel, Plaintiffs'Counsel conducted a thorough investigation of the underlying events and transactions as allegedin the complaints in the actions, including a review of documents produced by Defendants,interrogatory responses provided by Defendants, depositions, witness interviews, andconfirmatory discovery provided by Defendants pursuant to the Term Sheet, and have researchedthe applicable law with respect to the claims alleged and the potential defenses thereto.
11.
This declaration sets forth the history and scope of this litigation in orderto demonstrate why the proposed Settlements of these Actions on the terms agreed to is fair,reasonable and adequate and preliminary approval should be granted. The facts recited
3
Case 1:07-cv-02394-GBD -KNF Document 121 Filed 03/07/12 Page 3 of 12

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