Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 1 of 7 Page ID #:5441

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Peter J. Anderson, Esq., Cal. Bar No. 88891

E-Mail: pja@pjanderson.com
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
100 Wilshire Boulevard, Suite 2010
Santa Monica, CA 90401
Tel: (310) 260-6030
Fax: (310) 260-6040
Attorneys for Defendants
JAMES PATRICK PAGE, ROBERT ANTHONY
PLANT, JOHN PAUL JONES, WARNER/CHAPPELL
MUSIC, INC., SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and WARNER
MUSIC GROUP CORP.
Helene Freeman, Esq., admitted pro hac vice
E-Mail: hfreeman@phillipsnizer.com
PHILIPS NIZER LLP
666 Fifth Avenue
New York, NY 10103-0084
Tel: (212) 977-9700
Fax: (212) 262-5152
Attorneys for Defendants
JAMES PATRICK PAGE, ROBERT ANTHONY
PLANT and JOHN PAUL JONES

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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MICHAEL SKIDMORE, etc.,

Plaintiff,

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vs.
LED ZEPPELIN, et al.,
Defendants.

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Case No. 2:15-cv-03462 RGK (AGRx)

DECLARATION RE LATE FILING
OF [PROPOSED] PRE-TRIAL
CONFERENCE ORDER, JOINT
EXHIBIT LIST AND JOINT
WITNESS LIST
Pretrial:
Date: April 25, 2016
Time: 9:00 a.m.
Trial:
Date: May 10, 2016
Time: 9:00 a.m.
Courtroom of the Honorable
R. Gary Klausner
United States District Judge

Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 2 of 7 Page ID #:5442

Defendants James Patrick Page, Robert Anthony Plant, Warner/Chappell

Music, Inc., Atlantic Recording Corporation and Rhino Entertainment Company

respectfully submit the attached Declaration regarding the late filing of the proposed

Pretrial Conference Order, Joint Exhibit List and Joint Witness List.

Defendants regret the inconvenience and burden imposed on the Court by the

late filings.

responsibility to file, and as to the required joint filings the attached Declaration

establishes the following:

Defendants have timely filed every document that is their sole

Draft Document

When received from

When defendants

Plaintiffs counsel

provided comments

April 14, 2016

April 14, 2016

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April 18, 2016

April 18, 2016

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April 21, 2016

April 21, 2016

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April 23, 2016

April 24, 2016

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(9:13 p.m.)

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Joint Witness List

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Joint Exhibit List

April 14, 2016

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(8:49 p.m.)

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April 23, 2016

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(5:36 p.m.)

April 15, 2016

April 24, 2016

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Proposed Pretrial

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Conference Order

April 14, 2016

April 14, 2016

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April 18, 2016

April 18, 2016

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April 21, 2016

April 21, 2016

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April 23, 2016

April 24, 2016

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(9:13 p.m.)
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Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 3 of 7 Page ID #:5443

Plaintiff in addition to failing to timely prepare the first drafts of the

proposed Pretrial Conference Order and other joint filings and failing to timely

respond to defendants comments also failed to present reasonable and appropriate

drafts. For example, plaintiff insists upon including in the Joint Exhibit List as

exhibits for presentation to the jury:

Every document on the Courts docket from plaintiffs complaint

through the Courts ruling on defendants motion for summary

judgment, including to present to the jury the motions in limine

filings. See, Jt. Exh. List (Doc. 199) at 117-229.

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Entire deposition transcripts and deposition videos in this case.

See, e.g., id. at 21-26.

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Hundreds of exhibits that plaintiff, despite defendants requests,

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failed to reasonably identify in Joint Exhibit List, including, for

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example, 265 separate exhibits that plaintiff refers to only as

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Sheet Music Sold for Exploitation and 36 separate exhibits that

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plaintiff refers to only as Certificates of Incorporation. Id. at

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300-366, 368-376.

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Defendants object to plaintiffs failure to cooperate in the preparation of

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appropriate joint exhibit lists, witness lists and proposed Pretrial Conference Order,

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and have joined in the submissions in order that something be filed, even if

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inadequate or containing inappropriate references.

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Dated: April 24, 2016

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/s/ Peter J. Anderson

Peter J. Anderson, Esq.
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
Attorney for Defendants
JAMES PATRICK PAGE, ROBERT
ANTHONY PLANT, JOHN PAUL JONES,
WARNER/CHAPPELL MUSIC, INC.,
SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and
WARNER MUSIC GROUP CORP.
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Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 4 of 7 Page ID #:5444

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Helene M. Freeman, Esq.

PHILLIPS NIZER LLP
Attorney for Defendants
JAMES PATRICK PAGE,
ROBERT ANTHONY PLANT and
JOHN PAUL JONES

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Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 5 of 7 Page ID #:5445

DECLARATION OF PETER J. ANDERSON

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I, Peter J. Anderson, declare and state:

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I am an attorney admitted to practice before this Court and all Courts of

the State of California. I have personal knowledge of the following facts and could

competently testify to these facts if called upon to do so.

2.

I represent defendants Warner/Chappell Music, Inc., Atlantic Recording

Corp., Rhino Entertainment Company, James Patrick Page and Robert Plant in this

action.

3.

On April 4, 2016, defendants submitted my Declaration (Doc. 156)

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regarding plaintiffs failure to timely cooperate in the preparation of a joint exhibit

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list and joint witness list, leading to defendants filing of their own lists that day.

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Unfortunately, plaintiffs failure to timely cooperate continued as to the joint lists

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and extended to the proposed Pretrial Conference Order.

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4.

After receiving from plaintiffs Pennsylvania counsel, Francis Malofiy,

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Esq., Word copies of his exhibit and witness lists on April 5, 2016, on April 6, 2016

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I sent him drafts of a Joint Exhibit List and Witness List, pointing out the problems

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with his lists and additional information we needed to complete the lists. Since then:

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5.

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The Joint Witness List:

(a)

In response to the draft Joint Witness List I sent Mr. Malofiy

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on April 6, 2016, he sent me a revised draft Joint Witness List on April

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14, 2016.

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(b)

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draft Joint Witness List that same day, April 14, 2016.

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(c)

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Mr. Malofiy did not send me a revised draft Joint Witness

List until April 18, 2016.

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(d)

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I sent Mr. Malofiy defendants comments to that revised

I sent Mr. Malofiy defendants comments to that revised

draft Joint Witness List that same day, April 18, 2016.
///
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Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 6 of 7 Page ID #:5446

(e)

Mr. Malofiy did not send me a revised draft Joint Witness

List until April 21, 2016.

(f)

I sent Mr. Malofiy my comments to that revised draft Joint

Witness List that same day, April 21, 2016.

(g)

Mr. Malofiy did not send me a revised draft Joint Witness

List until his associate did so at 9:13 p.m. on Saturday, April 23, 2016.

(h)

I sent Mr. Malofiy and his associate defendants comments

to that revised draft Joint Witness List at 12:05 p.m. on April 24, 2106.

6.

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The Joint Exhibit List:

(a)

In response to the draft Joint Exhibit List I sent Mr. Malofiy

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on April 6, 2016, he sent me a revised draft Joint Exhibit List at 8:49

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p.m. on April 14, 2016. That draft Joint Exhibit List added hundreds of

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new exhibits, including, as separate exhibits, every single filing in this

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cases docket (even, e.g., orders granting applications to appear pro hac

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vice).

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(b)

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I sent Mr. Malofiy defendants comments to that revised

draft Joint Exhibit List the next day, April 15, 2016.

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(c)

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Mr. Malofiy did not send me a revised draft Joint Exhibit

List until his associate did so at 5:36 p.m. on Saturday, April 23, 2016.

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(d)

I sent Mr. Malofiy and his associate defendants comments

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to that revised draft Joint Exhibit List at 12:05 p.m. on April 24, 2106.

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7.

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The proposed Pretrial Conference Order, due April 14, 2016:

(a)

After several requests raising that the proposed Pretrial

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Conference Order was due April 14, 2016, Mr. Malofiy provided a first

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draft proposed Pretrial Conference Order at 1:32 p.m. on April 14, 2016.

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(b)

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I sent Mr. Malofiy defendants comments to that revised

draft proposed Pretrial Conference Order that same day, April 14, 2016.
///
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Case 2:15-cv-03462-RGK-AGR Document 201 Filed 04/24/16 Page 7 of 7 Page ID #:5447

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(c)

Mr. Malofiy did not send me a revised draft proposed

Pretrial Conference Order until April 18, 2016.

(d)

I sent Mr. Malofiy defendants comments to that revised

draft proposed Pretrial Conference Order that same day, April 18, 2016.
(e)

Mr. Malofiy did not send me a revised draft proposed

Pretrial Conference Order until April 21, 2016.

(f)

I sent Mr. Malofiy my comments to that revised draft proposed

Pretrial Conference Order that same day, April 21, 2016.

(g)

Mr. Malofiy did not send me a revised draft proposed

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Pretrial Conference Order until his associate did so at 9:13 p.m. on

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Saturday, April 23, 2016.

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(h)

I sent Mr. Malofiy and his associate defendants comments to

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that revised draft proposed Pretrial Conference Order at 12:05 p.m. on April

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24, 2106.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on April 24, 2016.

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/s/ Peter J. Anderson

PETER J. ANDERSON

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