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David Grisman et al v. UMG Recordings Inc et al Doc.

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Case 2:07-cv-02921-VBF-MAN Document 61 Filed 02/04/2008 Page 1 of 3

1 JOSEPH L. GOLDEN, ESQ. (S.B.N. 61293)


LAW OFFICE OF JOSEPH L. GOLDEN
2 10100 Santa Monica Boulevard, Suite 300
Los Angeles, California 90067-4107
3 Telephone: (310) 772-2260
Telecopier: (310-772-2299
4 Email: jlgoldenesq@verizon.net
5 Attorney for Defendants AOL Music Now, LLC,
YAHOO!, Inc., Microsoft Corporation and
6 RealNetworks Digital Music of California, Inc.
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 (Western Division)
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DAVID GRISMAN, et. al., ) Case No. CV-07-2921 VBF (MANx)
12 )
Plaintiffs, ) CLASS ACTION
13 )
v. ) NOTICE OF JOINDER IN WARNER
14 ) MUSIC GROUP CORP.’s OPPOSITION
WARNER MUSIC GROUP CORP., ) TO PLAINTIFFS’ MOTION FOR
15 et. al., ) LEAVE TO FILE SECOND AMENDED
) COMPLAINT
16 Defendants. )
) Hearing Date: March 3, 2008
17 Time: 1:30 pm
Courtroom: 9 (Hon. V. Baker Fairbank)
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19 Defendants AOL Music Now, LLC, YAHOO!, Inc., Microsoft Corporation and
20 RealNetworks Digital Music of California, Inc., and each of them, hereby join in the
21 Opposition to plaintiff’s Motion for Leave to File Second Amended Complaint filed
22 herein by defendant Warner Music Group Corp. and adopt as their own, each of the
23 factual and legal arguments presented in that Opposition.
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25 A district court may, in its discretion, impose reasonable conditions on the
26 granting of a motion for leave to file an amended complaint. International Ass’n. of
27 Machinists & Aerospace Workers v. Republic Airlines, 761 F.2d 1386, 1391 (9th Cir.
28 Notice of Joinder in Opposition to Motion for Leave to File Second Amended Complaint

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Case 2:07-cv-02921-VBF-MAN Document 61 Filed 02/04/2008 Page 2 of 3

1 1985). Those conditions may include limiting the scope of the allegations that are to be
2 included in the amended complaint. Garfield v. NDC Health Corp., 466 F.3d 1255, 1271
3 (11th Cir. 2006).
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5 Of the two original plaintiffs, only Grisman will remain if the second amended
6 complaint is filed. The only claim for relief he intends to pursue is one for “breach of
7 contract and/or inducing breach of contract” against Warner Music Group Corp. and
8 Rhino Entertainment Company. For the reasons set forth in Warner Music Group
9 Corp.’s Opposition, that claim for relief should not be combined with the proposed new
10 plaintiff’s (Franklin) copyright infringement claims against the other defendants named
11 in the proposed second amended complaint. Defendants AOL Music Now, LLC,
12 YAHOO!, Inc., Microsoft Corporation and RealNetworks Digital Music of California,
13 Inc. submit that the interests of all the present and proposed parties will be best
14 addressed by limiting Grisman’s second amended complaint to the first claim for relief
15 in that pleading.
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17 Franklin can file a new lawsuit alleging his copyright claims against the other
18 defendants. He and the class he purports to represent will not be unduly prejudiced
19 because the operative date for any applicable statute of limitations will be the date on
20 which the second amended complaint is filed. His counsel can be prepared to file that
21 lawsuit immediately after the court enters its ruling on this motion. The court’s analysis
22 of the copyright claims will not be wasted because it is likely a Notice of Related Cases
23 will be filed with respect to the new lawsuit.
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25 For the foregoing reasons, defendants AOL Music Now, LLC, YAHOO!, Inc.,
26 Microsoft Corporation and RealNetworks Digital Music of California, Inc. respectfully
27 submit that plaintiffs’ Motion for Leave to File Second Amended Complaint should be
28 Notice of Joinder in Opposition to Motion for Leave to File Second Amended Complaint

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1 denied. If, however, the court is inclined to grant the motion, only the first claim alleged
2 against Warner Music Group Corp. and Rhino Entertainment Company should be
3 allowed to be included in the second amended complaint.
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5 DATED: February 4, 2008 Respectfully submitted,
6 JOSEPH L. GOLDEN, ESQ.
LAW OFFICE OF JOSEPH L. GOLDEN
7
8
By:____________________________
9 Joseph L. Golden, Esq.
Attorney for AOL Music Now, LLC, YAHOO!,
10 Inc., Microsoft Corporation and RealNetworks
Digital Music of California, Inc.
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28 Notice of Joinder in Opposition to Motion for Leave to File Second Amended Complaint