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Case 2:13-cv-02449-BRO-JC Document 79-1 Filed 02/12/14 Page 1 of 4 Page ID #:940

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Michael J. Niborski (State Bar No. 192111) mniborski@pryorcashman.com Darius K.C. Zolnor (State Bar No. 248686) dzolnor@pryorcashman.com PRYOR CASHMAN LLP 1801 Century Park East, 24th Floor Los Angeles, California 90067-2302 Tel: (310) 556-9608 / Fax: (310) 556-9670 Ilene S. Farkas (admitted pro hac vice) ifarkas@pryorcashman.com PRYOR CASHMAN LLP 7 Times Square New York, New York 10036-6569 Tel: (212) 326-0188 / Fax: (212) 798-6306 Attorneys for Defendants KANYE WEST; UMG RECORDINGS, INC.; ROC-A-FELLA RECORDS, LLC; THE ISLAND DEF JAM MUSIC GROUP; CAROLINE DISTRIBUTION; STONES THROW RECORDS; ELECTRONIC ARTS, INC.; and NBCUNIVERSAL MEDIA, LLC UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION TRENA STEWARD, et al., Plaintiffs, v. KANYE WEST, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 13-02449 BRO (JCx) DECLARATION OF MICHAEL J. NIBORSKI IN SUPPORT OF STIPULATION TO PERMIT PLAINTIFFS TO FILE FOURTH AMENDED COMPLAINT

Stipulation filed and [Proposed] Order lodged concurrently herewith

Case 2:13-cv-02449-BRO-JC Document 79-1 Filed 02/12/14 Page 2 of 4 Page ID #:941

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DECLARATION OF MICHAEL J. NIBORSKI I, Michael J. Niborski, hereby declare as follows: 1. I am a partner with the law firm of Pryor Cashman LLP, counsel of record

in this action for Defendants Kanye West; UMG Recordings, Inc.; Roc-A-Fella Records, LLC; The Island Def Jam Music Group; Caroline Distribution; Stones Throw Records; Electronic Arts, Inc.; NBCUniversal Media, LLC (erroneously sued as NBCUniversal, Inc.). I have personal knowledge of the facts set forth in this Declaration, except for those matters stated to be based upon my information and belief, and if called upon to do so I could and would competently testify thereto 2. I submit this Declaration in support of the concurrently filed Stipulation

To Permit Plaintiffs To File Fourth Amended Complaint entered into by and among Plaintiffs Trena Steward, Lorenzo Pryor and Karla Ray (“Plaintiffs”), on the one hand, and Defendants Kanye West; UMG Recordings, Inc.; Roc-A-Fella Records, LLC; The Island Def Jam Music Group; Caroline Distribution; Stones Throw Records; Electronic Arts, Inc.; NBCUniversal Media, LLC (erroneously sued as NBCUniversal, Inc.); Bad Boy Records; Activision Blizzard, Inc.; Konami Digital Entertainment, Inc.; Paramount Pictures Corporation; Terminal Reality, Inc.; and Autumn Games, LLC (“Defendants”), on the other hand. 3. Plaintiffs filed a Third Amended Complaint (the “TAC”) in the instant

action (the “Steward Action”) on or about November 25, 2013. 4. Certain Defendants (Kanye West, UMG Recordings, Inc., Roc-A-Fella

Records, LLC, The Island Def Jam Music Group, Caroline Distribution, Electronic Arts, Inc., Bad Boy Records and Activision Blizzard, Inc., collectively, the “Answering Defendants”) have filed their respective Answers to the TAC in the Steward Action and the time for the remaining Defendants (Stones Throw Records, NBCUniversal Media, LLC, Konami Digital Entertainment, Inc., Paramount Pictures Corporation, Terminal Reality, Inc. and Autumn Games, LLC, collectively, the “Remaining Defendants”) to file their responses to the TAC has not yet expired. 1

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5.

The TAC in the Steward Action includes as one of the works that

allegedly infringes the recording of Plaintiffs’ song, “Bumpin’ Bus Stop” (Plaintiffs’ Recording”), the song “Sunny Hours” (the “Track”), by the group Long Beach Dub Allstars, which also was used as the theme song for the TV show “Joey” (See Third Amended Complaint, Paragraphs 195-222, Counts 22-24). 6. The Track is also alleged to infringe Plaintiffs’ Recording in a separate

lawsuit filed by Plaintiffs against various entities, specifically, the action styled Lorenzo Pryor et al. v. Warner/Chappel Music, Inc., Case No. 2:13-cv-04344 RWSL (AJWx) (the “Pryor Action”). Based on a review of the complaint in the Pryor Action, the count involving the Track is the only claim brought against the defendant entity “Warner Bros Entertainment Inc.” (“Warner Bros.”). 7. Because the Track is already at issue in the Steward Action, based on the

alleged infringement of the same work, i.e., Plaintiffs’ Recording, the Parties agree that it would be more efficient to deal with all of the claim(s) based on the Track in the Steward Action, instead of the Pryor Action. 8. Therefore, Defendants have agreed to permit Plaintiffs to file a Fourth

Amended Complaint (the “FAC”) in the Steward Action for the sole purpose of (1) adding Warner Bros. as a defendant on Count 23 regarding the Track; and (2) adding the allegation that: “The Copyright Office has issued a certificate of registration for the Gold Future Record [Reg. No. RE931704].” Plaintiffs have agreed that, if leave is granted to file the FAC pursuant to this Stipulation, they will then file the necessary stipulation to dismiss Warner Bros. from the Pryor Action. 9. This approach would streamline the issues significantly concerning the

Track, and would avoid the potential for inconsistent results. 10. 11. Warner Bros. has consented to the amendment in both actions. Plaintiffs have agreed to file their FAC within 10 days of the Court’s entry

of its Order granting this Stipulation. 12. The Answering Defendants have agreed to file their respective Answers to 2

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the FAC, and the Remaining Defendants have agreed to file their respective responses to the FAC within 10 days of electronic service of the FAC on the undersigned counsel, and the time for the Remaining Defendants to file their responses to the current pleading is continued pending the Court’s entry of its Order regarding this Stipulation. I declare under penalty of perjury that the foregoing is true and correct. This declaration is executed on February 12, 2014, at Los Angeles, California. /s/ Michael J. Niborski Michael J. Niborski

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