The Bob Dylan James Damiano Story

http://jamesdamiano.yolasite.com/

index bobdylan

The basic contents of this website has been posted on the world wide web since December 1996. Please note: There is audio-content on this website so you may have to "turn on" your speakers. Thank You This website is updated daily although this site contains a great deal of information please note that we are still adding documents and information daily. We have also not included the two hour DVD "Dignity due to the fact that all videotaped depositions on the DVD have been designated "Confidential" by United States District Court Judge Joel B. Rosen. These depositions conclusivly and decisively incriminate Bob Dylan

"Eleven Years"
James Damiano vs. Bob Dylan / Copyright Infringement CV 95-4795 (JBS) Judge Jerome B. Simandle presiding.

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Judge Simandle

Judge Joel B. Rosen magistrate.

Judge Rosen Bob Dylan Retains Same Law Firm as George W. Bush in Fifteen Year Plagiarism Law Suit. Also suppresses Plaintiff’s First Amendment Rights acquiring a protective order designating all video taped depositions that are incriminating to Dylan confidential Bob Dylan & his law firm acquired a confidentiality order in a fifteen year plagiarism law suit designating all discovery materials including fifty hours of incriminating video taped depositions as confidential suppressing Plaintiff James Damiano’s first amendment rights to warn the public of Judicial favoritism and corruption. Camden NJ June 2, 2009 -Few artists can lay claim to the controversy that has surrounded the career of songwriter James Damiano. Twenty-two years ago James Damiano began an odyssey that led him into a legal maelstrom with Bob Dylan that, to this day, fascinates the greatest of intellectual minds. As the curtain rises on the stage of deceit we learn that CBS used songs and lyrics for international recording artist, Bob Dylan. Bob Dylan’s name is credited to the songs. One of those songs is nominated for a Grammy as best rock song of the year. Ironically the title of that song is Dignity. Since auditioning for the legendary CBS Record producer John Hammond, Sr., who influenced the careers of music industry icons Billy Holiday, Bob Dylan, Pete Seger, Bruce Springsteen and Stevie Ray Vaughan, James has engaged in a multimillion dollar copyright infringement law suit with Bob Dylan. As per court papers it is judicially uncontested by Bob Dylan and or Bob Dylan’s law firms Manatt, Phelps & Phillips , Parcher Hayes & Snyder, Gibson Dunn & Crutcher, Heck Brown and Sherry and Sony House Counsel that Bob Dylan and people in Bob Dylan’s entourage have solicited James Damiano’s songs and music for over ten years and eleven months. Interestingly enough Judge Jerome B. Simandle decided “This court will accept as true Plaintiff’s allegations that Sony represented to him that he would be credited and compensated for his work if Dylan used it. Judge Simandle also stated in his decision “Plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work. All statements, facts and documents in this declaration have been submitted to Bob Dylan, his counsel and to the court. Bob Dylan's attorney's have also downloaded the contents of this website and produced it to the Court, specifically to The Honorable Judge Jerome B. Simandle.

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All statements, facts, and documents in this declaration have been unanswered and uncontested by Bob Dylan and his counsel. After fourteen years of litigation, ten thousand pages written, fifty hours of video taped deposition which are incriminating to Bob Dylan and after at least seven and a half million dollars have been spent on this litigation, Bob Dylan still to this date has not filed a counter or slander suit against James Damiano Said mentioned materials and documents have been submitted to the United States Marshalls who have commented in James Damiano's favor stating that the case was a "Shut tight case that should have been won by Damiano" The United States Marshall Service is represented by the United States Attorney's office who's is headed by the Attorney General of the United States. It is uncontested by Bob Dylan and or Bob Dylan's law firm Manatt, Phelps & Phillips formerly (Parcher Hayes & Snyder) and Gibson Dunn & Crutcher that Bob Dylan and people in Bob Dylan's entourage have solicited James Damiano's songs and music for over ten years. The Bob Dylan James Damiano Story is the most covered up scandal in the history of Rock and roll At the 1995 Grammy awards "Dignity" was nominated for a Grammy as the best Rock song of the year. According to Bob Dylan's attorney Orin Snyder James Damiano's website has been viewed over 1,400,000 times. Mr. Snyder has downloaded the website with the stat counter viewable and produced it to Judge Simandle three times, yet never filed criminal chages of any kind.. It has been published in the media that the integrity of the United States Federal Judicial System has diminished to the level that it is unable to adjudicate a simple copyright infringement lawsuit. This motion not only supports that allegation it conclusively documents, to the record the validity of said statement. CONFLICT OF INTEREST Bob Dylan received an Honorary Doctorate from Princeton University in 1971, The same University Judge Simandle received a B.S.E degree at.

See below The Honorable Judge Jerome B. Simandle Born 1949 in Binghamton, NY Federal Judicial Service:

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U. S. District Court, District of New Jersey Nominated by George H.W. Bush on April 1, 1992, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on May 21, 1992, and received commission on May 26, 1992. Education: Princeton University, B.S.E., 1971 University of Stockholm, Sweden, Dipl. Soc Sci, 1975 University of Pennsylvania Law School, J.D., 1976 Professional Career: Law clerk, Hon. John F. Gerry, U.S. District Court, District of New Jersey, 1976-1978 Assistant U.S. attorney, District of New Jersey, 1978-1983 Attorney in charge of Trenton office, 1982-1983 U.S. Magistrate, U.S. District Court for the District of New Jersey, 19831992 Race or Ethnicity: White Gender: Male In a span of seven years from 1990 to 1997 Bob Dylan released only one newly written original song titled "Dignity". Mr. Dylan's seven year hiatus from writing original material lacks merit of performance and creativity. One must wonder why Mr. Dylan would embrace the hubris that time can endorse This lawsuit James Damiano vs Bob Dylan for copyright infringement was filed in Federal Court in November of 1995. This website was has been published on the world wide internet for a period of more than thirteen years since January of 1996. The most interesting and shocking fact about this website is that Bob Dylan has tried to suppress the truth and the facts of this case by applying to the court for a confidentiality order designating all discovery materials as confidential. Suppression of the truth as far as we can remember is a tactic often used in Communism. James Damiano subpoenaed Bob Dylan for his November 11th 1999 hearing and Bob Dylan never appeared in court.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO VS. CV95-4795 (JBS) BOB DYLAN. ET AL NOTICE TO APPEAR

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VIA FAX AND MOTION Please take notice that plaintiff, James Damiano shall subpoena Bob Dylan on November 11, 1999 at 1:30 PM, at One John F Gerry Plaza, Camden New Jersey, 08010 to testify in the above case. Subpoena attached. James Damiano___________ Dated 11/11/99 CERTIFICATE OF SERVICE James Damiano certifies that he served the foregoing notice to appear to Steven D. Johnson counsel for Bob Dylan. James Damiano____________________________ UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO, Plaintiff C 95-4795 (JBS) against SONY MUSIC ENTERTAINMENT INC DATED 10/17/2002 and BOB DYLAN Defendants PLAINTIFF'S MOTION TO REVERSE JUDGE JEROME B. SIMANDLE'S DISMISSAL OF THIS LAWSUIT. PLAINTIFF'S MOTION TO REVERSE JUDGE JEROME B. SIMANDLE'S MEMORANDUM OPINION OF FINDING JAMES DAMIANO IN CONTEMPT FOR VIOLATIONS OF JUDGE JOEL B. ROSIN'S [Sic]CONFIDENTIALITY ORDER PLAINTIFF'S MOTION TO VACATE [Sic] PROTECTIVE ORDER PLAINTIFF'S MOTION FOR ADMISSIONS OF DEFENDANTS PLAINTIFF'S MOTION FOR THE RECUSAL OF JUDGE SIMANDLE PLAINTIFF'S MOTION FOR DEFAULT AGAINST SONY ENTERTAINMENT INC. AND BOB DYLAN. At the 1995 Grammy awards "Dignity" was nominated for a Grammy as the best Rock song of the year and it is estimated that it made over $90,000,000.00 in the United States alone. In 1994 James Damiano advertised in the attorney wanted section of the New York times for an attorney to file a copyright infringement lawsuit against Bob Dylan. The advertisement read "Attorney wanted to file a copyright infringement lawsuit against the worlds most respected songwriter" Steven M. Kramer answered the advertisement along with many other attorneys. A CD Rom of this motion and a four-hour videotape of segments of various depositions taken during discovery have been produced to the United States Marshall's Service. After reviewing plaintiff's materials The United States Marshall's Service commented in Plaintiff James Damiano's favor, stating that Damiano's case was a "shut tight case" that he (James Damiano) should have won. This lawsuit was never dismissed with prejudice. Racism A diversion of reality That the worst segregation

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In the world today Is not between Yellow, red, black or white men Muslims Jews or Christians But between The rich and the poor
Damiano 04 copyright

James Damiano All poetry and lyrics on this site have been written by James Damiano and copyrighted with the library of congress Someday maybe You'll be able To tell The greatest story Say the greatest line Give the greatest Performance Find the greatest Find copyright damiano 92" The basic contents of this website has been posted on the world wide web since December 1996. The most recent activity in this litigation is the following letter sent to litigants by Judge Simandle on December 23 2002. Mr. Snyder (Mr. Orin Snyder Esq.) of Parcher Hayes & Snyder represents Bob Dylan in this action. UNITED STATES DISTRICT COURT District of New Jersey UNITED STATES COURTHOUSE CHAMBER OF JEROME B. SIMANDLE DISTRICT JUDGE ONE JOHN F. GERRY PLAZA PO BOX 888 CAMDEN NJ 08010

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(856) 757-5167 December 23, 2002 ORIN SNYDER, ESQUIRE PARCHER HAYES & SNYDER 500 Fifth Avenue New York, NY 10110 STEVEN D. JOHNSON, ESQUIRE HECKER BROWN SHERRY AND JOHNSON LLP 1700 Two Logan Square 18th and Arch Streets Philadelphia, PA 19103-2769 Mr. James Damiano Route NJ 0780 RE: Damiano v. Bob Dylan & Sony Music Entertainment Inc. Civil No. 95-4795 (JBS) Dear Litigants: This will reply to Mr. Snyder's letter of December 18, 2002, which requests an extension of time to respond to Mr. Damiano's motions from December 20, 2002 until January 20, 2003. Under the circumstances in Mr. Snyder's letter, his request is granted. In my preliminary review of these motions, I have noted that they do not conform to the requirements of the Federal motions, and that the 40-page limit for motions has also been exceeded. Notwithstanding the procedural defects in the motions, and in light of Mr. Damiano's pro se status, I will not dismiss the motions and require rebriefing. as I would do if an attorney filed these papers. I will, however limit the length of defendants' opposition to the 40-page limit of L. Civ. R. 7.2, and request that special attention be given to the motion to vacate the protective order. That motion may not be timely to the extent that it seeks relief from an ongoing injunctive order regarding the use of confidential discovery materials. Although the defendants must address all of the pending motions, I would appreciate if special attention is given by defense counsel and by Mr. Damiano to the current status of the confidentiality order. The issue arises whether, with the passage of time, the protected materials will continue to have the heightened degree of confidentiality which they were found to enjoy in earlier years. If not, is the future continuation of the injunction against use of the confidential materials warranted? In other words, Mr. Damiano has asked that the court re-examine the continued validity of the protective order against his use of confidential discovery materials, and the court is willing to do so after all parties have had a chance to be heard. In summary, all motions remain pending, and the defendants' opposition will be due January 20, 2003. Mr. Damiano's reply papers, if any are due 14 days after receiving defendants' opposition papers. Mr. Damiano's reply is also limited by L. Civ. R. 7.2(b) to 15 pages. After all submissions have been received by the court, I will determine whether or not to grant Mr. Damiano's recusal motion and, if recusal is denied, whether to convene oral argument or decide the matter upon the basis of the papers received under Rule 78. Fed. R. Civ. P.

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Very Truly yours, JEROME B. SIMANDLE U.S. District Judge JBS/mm cc: Steven D. Johnson, Esquire 900 Haddon Avenue, Suite 412 Collingswood, NJ 08108-1903 Update 9/12/03 Judge Jeorme B. Simandle has ruled. To inquire about Judge Simandle's Sept 12 2003 opinion send e-mail to the e-mail address below: Law_Review@yahoo.com Judge Simandle disregarded a musical analysis of a song released by Bob Dylan titled "Dignity" constructed by Dr. Greene who graduated magna cum laude from Harvard University Even though Judge Simandle has no musical background.

A copy of Doctor Greene's resume is displayed below

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All documents and statements contained in this document have been produced to defendants during discovery. This website documents the corruption and fraud committed by Federal District Court Judge Jerome B Simandle as per Rule 56 (c) of the Federal Rules of Civil Procedure. A court may grant summary judgment only when the materials of record "show that there is no genuine issue as to any material fact Fed. R. Civ. P. 56(c)." Federal Rules of Civil Procedure VII. JUDGMENT Rule 56. Summary Judgment (C) Copyright Damiano 1988 This website also documents the corruption and fraud committed by Orin Snyder Esq. of Parcher, Hayes & Snyder and Steven D. Johnson Esq. of Hecker, Brown, Sherry & Johnson. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO, Plaintiff C 95-4795 (JBS)

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against SONY MUSIC ENTERTAINMENT INC DATED 10/17/2002 and BOB DYLAN Defendants PLAINTIFF'S MOTION TO REVERSE JUDGE JEROME B. SIMANDLE'S DISMISSAL OF THIS LAWSUIT. PLAINTIFF'S MOTION TO REVERSE JUDGE JEROME B. SIMANDLE'S MEMORANDUM OPINION OF FINDING JAMES DAMIANO IN CONTEMPT FOR VIOLATIONS OF JUDGE JOEL B. ROSIN'S [Sic]CONFIDENTIALITY ORDER PLAINTIFF'S MOTION TO VACATE [Sic] PROTECTIVE ORDER PLAINTIFF'S MOTION FOR ADMISSIONS OF DEFENDANTS PLAINTIFF'S MOTION FOR THE RECUSAL OF JUDGE SIMANDLE PLAINTIFF'S MOTION FOR DEFAULT AGAINST SONY ENTERTAINMENT INC. AND BOB DYLAN. At the 1995 Grammy awards "Dignity" was nominated for a Grammy as the best Rock song of the year. At a time when public confidents, in our court system seem to be at an all time low, it has been published in the media that the integrity of the United States Federal Judicial System has diminished to the level that it is unable to adjudicate a simple copyright infringement lawsuit. This motion not only supports that allegation it conclusively documents, to the record the validity of the statement. JAMES DAMIANO, Plaintiff C 95-4795 (JBS) against SONY MUSIC ENTERTAINMENT INC DATED 10/7/2002 and BOB DYLAN Defendants DECLARATION OF JAMES DAMIANO #1 James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that: 1. The materials facts contained within this motion conclusively, refute this courts decision to enter summary judgment in favor of defendant Bob Dylan as pursuant to Rule 56 ( c ) of the Federal Rules of Civil Procedure. 2. In all major decisions of this litigation, this court continuously chose to honor the opinion of Bob Dylan's counsel Orin Snyder as opposed to plaintiff Damiano's true material facts. 3. This motion is based on part, and in light of that all decisions made by this Court in favor of Bob Dylan, were based on the opinion of Bob Dylan's attorney Orin Snyder and that these opinions were held as truth over plaintiff's true material facts, which conclusively reveal the opposite of Judge Simandle's findings. 4. This motion documents to the record the obvious and blatant validity of plaintiff's allegations. 5. This motion read in its entirety lawfully exonerates plaintiff, (James Damiano) from all judgments, rulings and decisions arriving from this lawsuit. 6. This motion is lawfully conclusive in deciding that Judge Simandle's decision to dismiss this lawsuit is unlawful, illegal, adverse to and inconsistent with the facts of this case. 7. That all statements contained in this motion are true. EXECUTED ON THIS _______ DAY OF __________YEAR OF 2002 IN___________________ _____________________________________________________________________________ James Damiano _________________________

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This lawsuit James Damiano vs. Bob Dylan for copyright infringement, Civil # 95-4795 (JBS), was dismissed unlawfully as per basic civil rule procedure 56 (c) FRCP (Federal Rules of Civil Procedure) by The Honorable Judge Jerome B. Simandle (Federal Court Camden, District of New Jersey). New evidence, which is pertinent to the outcome of this lawsuit, has been released in the media whereby plaintiff has become aware of allegations that Bob Dylan's attorney Orin Snyder and Jonathan Liebman have been accused of falsifying evidence and lying in the Selletti Vs. Carey lawsuit. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO, Plaintiff C 95-4795 (JBS) against SONY MUSIC ENTERTAINMENT INC DATED 10/17/2002 and BOB DYLAN Defendants MOTION FOR ADMISSIONS FRCP rule 36 Federal Rules of Civil Procedure Rule 36 The facts expressed within this motion will be conclusively deemed as truth within 30 days of August 3, 2000, should they be left disproved by Defendants Bob Dylan and or Sony Music Entertainment Inc. or by any other party involved or not involved in this matter as, pursuant to FRCP rule 36. At such time said admissions and facts expressed within this motion will be deemed as truth, entered upon the record of this court and docketed with the clerk. The fact issues expressed within this motion concerning Defendants eleven year association with Plaintiff and all fact issues expressed within this motion concerning defendant Bob Dylan's solicitation of Plaintiff James Damiano's songs, will be deemed admitted and acknowledged as truth after thirty days unless defendants deny and contest the forgoing with specificity, pursuant to FRCP rule 36. James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that: Plaintiff stipulates that he has produced to the court this same motion for admissions during his contempt hearing, at which time it was entered upon the record of this court as per order of Judge Simandle as exhibit A. and that defendant's Bob Dylan and or Sony Music have never answered or denied the motion. EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2002 IN _________________________________________________________ James Damiano ____________________________________ UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO, Plaintiff C 95-4795 (JBS) against SONY MUSIC ENTERTAINMENT INC DATED 10/17/2002 and BOB DYLAN Defendants DECLARATION OF JAMES DAMIANO #2 . James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that: 1. No unbiased facts, no unbiased evidence or no unbiased testimony exists to support Judge Jerome B. Simandle's decision to dismiss Plaintiff James Damiano's lawsuit against Bob Dylan for copyright infringement case Number CV 954795 (JBS). 2. The United States District Court District of New Jersey has disregarded eleven years of material facts regarding Bob Dylan's solicitation of James Damiano's songs and has granted summary judgment dismissing all counts of this lawsuit to Defendant Bob Dylan in violation of Fed. R. Civ. P. 56(c). 3. That all statements contained in this motion are true and correct.

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4. This document motion 321 standard size pages. Text size is 12, 14 to16 size on headings in IBM compatible Microsoft word pad document EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2002 IN _________________________________________________________ James Damiano ____________________________________ A CD Rom of this motion and a four-hour videotape of segments of various depositions taken during discovery have been produced to the United States Marshall's Service. After reviewing plaintiff's materials The United States Marshall's Service commented in Plaintiff James Damiano's favor, stating that Damiano's case was a "shut tight case" that he should have won. A four episode movie about this litigation has been completed. The movie contains video taped depositions, music videos and assorted segments pertainning to this litigation. From United States District Judge. JEROME B. SIMANDLE OPINION: [*625] JAMES DAMIANO Vs. Bob Dylan CV 95-4795 (JBS) Judge Simadle cited rule 56( c ) A court may grant summary judgment only when the materials of record "show that there is no genuine issue as to any material fact Fed. R. Civ. P. 56(c)." [Emphasis added] "no genuine issue as to any material fact." Judge Simandle also found that James Damiano has created a genuine issue of material fact. "Plaintiff asserts that 'the bulk of his life's work' was submitted to Sony beginning in 1982.(Complaint. At 2) He also alleges that he was told to bring his songs to several concerts which he attended courtesy of Sony. Plaintiff has produced evidence that after these concerts, he was allowed backstage and gave his work to Dylan or his agents. (Damiano Declaration. At 2, 5, ; Deposition of Pam Damiano at 77-84, 97-104: Deposition of Brad Wright at 105-112). "Taking these allegations as true, plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work." "Plaintiff has demonstrated a genuine issue of material fact" A comparison of Judge Simandle's ruling: "Plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work". "A court may grant summary judgment only when the materials of record 'show that there is no genuine issue as to any material fact Fed. R. Civ. P. 56(c).' " Exhibit A UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CV 95-4795 (JBS JAMES DAMIANO, Plaintiff against SONY MUSIC ENTERTAINMENT INC and BOB DYLAN Defendants PLAINTIFF'S MOTION FOR DEFAULT AGAINST BOB DYLAN, MOTION TO RECUSE THE HONORABLE JUDGE JEROME B. SIMANDLE, MOTION TO REVERSE ALL RULINGS IN THIS LITIGATION, MOTION TO VACATE PROTECTIVE CONFIDENTIAL ORDERS ENTERED IN THIS LITIGATION , MOTION FOR ADMISSIONS OF DEFENDANTS BOB DYLAN AND SONY MUSIC INC, MOTION TO REVERSE JUDGE SIMANDLE'S DISMISSAL

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After thirteen years, fifty hours of incriminating video taped depositions, blatant admissions by defendants and after at least five and a half million dollars have been spent on this litigation there has not been a counter-suit filed by Bob Dylan and or Sony Music Entertainment. Plaintiff's website declaration containing the enclosed issues of facts cited in this document has been posted on the world wide internet for six years and nine months and defendants still to this date, March 29th, 2003 have not contested the issues of fact or the issues of solicitation by defendants of plaintiffs songs cited herein. Defendants did however filed a motion for contempt against plaintiff for violating Judge Joel B. Rosen's order designating all discovery as confidential, including expert testimony, and deposition transcripts. All witness's in this litigation were sworn to tell the truth. The truth is a perfect defense for libel. It is impossible to exploit the truth. This court should know that Plaintiff has been counseled by many attorney's and some Judges who believe that the outcome of this lawsuit so far is unjust and as a matter of law and at the very least the unresolved issues of facts could have only been decided by a jury. DECLARATION OF JAMES DAMIANO #2. James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that: No unbias facts, no unbias evidence or no unbias testimony exists to support Judge Jerome B. Simandle's decision to dismiss Plaintiff James Damiano's lawsuit against Bob Dylan for copyright infringement case no 95- 4795 (JBS). EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2001 IN ___________________________________________________________ James Damiano ____________________________________ CERTIFICATION OF JAMES DAMIANO SEPT 29 2000 Dated September 29, 2000 This motion conclusively refutes the courts decision to enter summary judgment in favor of the defendants. This motion also conclusively refutes the foundation of defendants bias, fabricated, primary defense that Plaintiff was delusional and documents to the record that Defendants have intentionally made false statements to this court. There are issues of facts left unresolved after the courts dismissal. The decision of Judge Simandle to dismiss this lawsuit is subjective. This court is attempting to hide from the public, deposition materials which incriminate Bob Dylan. An Example of this would be Elliot Mintz Bob Dylan's publicist of ten years testified under oath in a video taped deposition when deposed by Plaintiff's attorney: "Under the subject of mis-truths spoken to your client during the course of these telephone conversations he would frequently ask me to pass along information, ask questions about Bob or to Bob about him and in fact told him that I would and that I did ond on those occasions that of course was a mistruth." Judge Simandle ignored this admission. The primary Defendant in this litigation ( Bob Dylan ) refuses to take a deposition. The primary Defendant in this litigation ( Bob Dylan ) never submitted an affidavit of denial or an affidavit addressing the unresolved issues cited herein. Plaintiff's Motion for Request for admissions: Plaintiff stipulates that the facts expressed within this motion will be conclusively deemed as truth within 30 days of August 3, 2000, should they be left disproved by anyone. At such time said admissions and facts expressed within this

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motion will be deemed as truth, entered upon the record of this court and docketed with the clerk. The fact issues expressed within this motion concerning Defendants eleven year association with Plaintiff and all fact issues expressed within this motion concerning Defendants solicitation of Plaintiff James Damiano's songs, will be deemed admitted after thirty days unless defendants deny the forgoing with specificity. pursuant to FRDCP rule 36. OPINION OVER FACT a. In all major decisions in this litigation, this court continuously chose as truth the opinion of Defendant's counsel as opposed to Plaintiff's true material facts. This motion is based on part, in light of that all decisions made by this court in favor of the Defendants, were based on opinion only and that these opinions were held as truth over Plaintiff's true material facts which conclusively reveal the opposite of these findings. Plaintiff's material facts substantiate the error within this injustice. Although said facts are massive, almost to many to cite Plaintiff will notify this court that there are indeed many other facts than what are presented here, which were produced to defendants during discovery, but for fear of submitting an oversized brief Plaintiff did not submit them. Plaintiff hereby reserves the right to enter upon the record other findings of fact not cited in this motion. Should this court provide an extension of time to allow Plaintiff to construct a more extensive brief Plaintiff is willing to comply. Said decisions in 1a. were detrimental to the outcome of this law suit by which the evidence provided herein, acknowledged and upon consideration of this court, conclusively constitute reversible error, and judicially defeat summary judgment in favor of the defendants. With the recent development of the internet new finding of facts have surfaced regarding the truthfulness of defendants defense in this action. DEFENDANTS TRY TO MAINTAIN TO THE COURT THAT THE PEOPLE AT CBS RECORDS / SONY MUSIC WHO WERE IN POSSESSION OF JAMES DAMIANO'S SONGS, WERE NOT IN ANY POSITION TO ADVANCE PLAINTIFFS CAREER AS A SONGWRITER IN THE MUSIC INDUSTRY. James Damiano pursuant to 28 U.S.C. Sec. 1746, declares under penalty of perjury that: 1979 Years ago I read an unauthorized biography about Bob Dylan, in which the author made reference to a man who at one time was considered to be the president of CBS Records. His name was John Hammond, Sr. He was family to the Vanderbilts, Attended Yale law school, the most sought after record producer in the United States, and had signed Pete Seeger to Columbia Records 1960. In fact John Hammond Sr. was and probably will always be considered the most influential music executive in the world by music industry professionals.

After years of working in the music industry, Mr. Hammond established himself as a legend and accomplished a reputation as having the best ears in the business by signing a fascinating number of legendary artists to the record world.

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Artists like Billy Holiday, Count Basie, Charlie Christian, Duke Ellington, Aretha Franklin, George Benson, Bob Dylan, Bruce Springsteen along with many other artists including Stevie Ray Vaughan were John Hammond affiliates. Bob Dylan and John Hammond Sr. An article downloaded from the internet is displayed below about Mr. Hammond. http://www.bluespower.com/a-mb.htm Major talent scout, John Hammond Sir brought Stevie Ray Vaughan, Bob Dylan, Aretha Franklin, Leonard Cohen and Bruce Springsteen to Columbia Records. Hammond also worked as a producer with such early greats as Bessie Smith, Billie Holiday, Benny Goodman and Count Basie Inspired by the book I read, I decided to take a long shot and called CBS Records on the phone. The operator answered and I asked to be put through to John Hammond's office. The receptionist rang his office and a woman named Mikie Harris answered the phone.

Mikie Harris Mikie Harris I told Mikie that I was a lyricist and asked her if she had a few seconds to listen to one lyric. She replied yes by saying "Shoot." I then recited a lyric to her that I had recently written and said "the lyric is: Just think how beautiful you'd feel if you knew your love was real." Within a few seconds I could tell Mikie liked the lyric. I in turn did not want to push to hard on the first phone call fearing that I might put her behind schedule, so I tried to inch my way out of the conversation politely while trying not to show my emotions but before the conversation ended between Mikie and me, she made it explicit that she wanted me to call again. She repeatedly told me to feel free to call her there at the office. So began a relationship where we would converse through actual meetings or correspond over the phone, that lasted close to seven and a half years. Mikie told me that her name would be appearing in the credits on Stevie Ray Vaughan's album that was released in 1983. When the album was released it listed John Hammond Sr. As Executive producer and Mikie Harris as associate producer .

Credits were given to Mikie Harris on Stevie Ray vaughan albums: Assistant to Executive Producer: Mikie Harris 1. Say What! - S.R. Vaughan - 2. Lookin' Out The Window - D. Bramhall - 3. Look At Little Sister - H. Ballard - 4. Ain't

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Gone `N' Give Up On Love - S.R. Vaughan - 5. Gone Home - E. Harris - 6. Change It - D. Bramhall - 7. You'll Be Mine W. Dixon - 8. Empty Arms - S.R. Vaughan - 9. Come On (Part III) - E. King - 10. Life Without You - S.R. Vaughan - 11. SRV Speaks 12. Little Wing/Third Stone From The Sun - J. Hendrix - 13. Slip Slidin' Slim - S.R. Vaughan - Stevie Ray Vaughan: guitar/vocals Chris "Whipper" Layton: drums Tommy Shannon: bass Reese Wynans: keyboards Joe Sublett: saxophone Produced by Stevie Ray Vaughan/Double Trouble and Richard Mullen Executive Producer: John Hammond Assistant to Executive Producer: Mikie Harris Engineer: Richard Mullen Assistant Engineer: Ron Cote Mixed by Richard Mullen Recorded at Dallas Sound Labs, Dallas, Texas and Riverside Sound, Austin, Texas This album is dedicated to the memory of Charlie Wirz. The following article below appeared on the internet regarding Mikie Harris: Exhibit 2 (Taken off the internet) Brian Slawson While playing marimba on the streets of New York City to finance his studies at Juilliard, Brian Slawson

was discovered by Mikie Harris, assistant to Columbia Records talent scout John Hammond. Bach On Wood, Slawson's debut album on CBS/Sony, earned a Grammy nomination. Slawson has since released Bach Beat and Distant Drums, which features cameos by blues great Stevie Ray Vaughan, jazz trumpeter Freddie Hubbard and drummer Michael Shrieve. Slawson has performed with Leonard Bernstein, John Cage, Aaron Copland, Isaac Stern and Jessye Norman. His pop credits as drummer and percussionist include Pat Benetar, Peggy Lee, Johnny Mathis, Marie Osmond, The Mamas and Papas, and Ben Vereen. Slawson is Principal Timpanist with the Orlando and Brevard Symphony Orchestras, and Resident Percussion Instructor at the Academy of the

Bach on wood by Brian Slawson CD cover produced by Mikie Harris

http://www.slawsongs.com/

Stevie Ray Vaughan later recorded on Bob Dylan's "Under the Red Sky" album, released in 1990.

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1982 I (James Damiano) registered my first copyright with the Library of Congress in Washington DC. In 1982. The library registration number is PAU 409-107, Titled Collective songs by James Damiano. The computer print out of the registration describes the registration as lyric sheets and one Cassette tape. This tape included Dylan's 1994 hit song "Dignity" { Lyrical hook and melody line } In 1994 Bob Dylan released a song titled "Dignity" who he claims to have independently written.

Although I have to go through my records to find a copy of the copyright filing the following exhibit was produced to the court and to the defendants. It is a faxed note to James Damiano from Dr. Greene explaining that there is a good chance

that careful examination may show that in 1982 James Damiano was experimenting with musical ideas that later came together as Steel Guitars.

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I (James Damiano) registered my second copyright with the Library of Congress in Washington DC. In May of 1988. The library registration number is PAU 409-107, Titled Collective songs by James Damiano. The computer print out of the registration describes the registration as lyric sheets and one Cassette tape. ( Displayed below) This tape also included Dylan's 1994 hit song "Dignity" { Lyrical hook and melody line } In 1994 Bob Dylan released a song titled "Dignity" who he claims to have independently written.

Dylan's copyright produced in this litigation by his attorney's states that Dylan's first registration made to the Library of Congress was December 5th, 1991. Dignity was nominated for a Grammy by the National Academy of Popular and was the hit song on Bob Dylan's Greatest Hits Volume 3.

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Dylan used this cover in Europe but not in the United States

Dignity was also the hit song on Bob Dylan's Greatest hits Volume 3, and the Unplugged CD, and DVD which generated a great deal of money for him. .

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There was also a live version of dignity released on MTV's Bob Dylan Unplugged

Grammy's Boost Record Sales by Jeffrey Jolson-Colburn Mar 4, 1998, 6:15 PM PT It's called the Grammy bump, and it goes something like this: See an act win a Grammy (or sing a song on the Grammy telecast), then go out and buy the album. With 25 million viewers watching the show this year, that's a lot of potential record buyers. . True to form, the Titanic soundtrack was buoyed by Celine Dion's belting out "My Heart Will Go On" on the 40th

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Grammy Awards last Wednesday and berthed in the No. 1 slot for the eighth consecutive week. The collection of mostly orchestral tracks sold 505,000 units for the week ended March 1. The Grammy cast also propelled the compilation album 1998 Grammy Nominees into the No. 11 spot with sales of 72,000 units, almost double the previous week's 37,000. The album features winning songs from the likes of Shawn Colvin, R. Kelly, Paula Cole, Fiona Apple and Erykah Badu. Deservedly, the album getting the biggest boost was Bob Dylan's multiaward-winning Time Out of Mind, which jumped a whopping 95 places up to No. 27. The sales on Titanic were off a bit from the soundtrack phenomenon's previous week's total of 563,000. Dion's Grammy crooning also helped her own album Let's Talk About Love hold the No. 2 spot. Both albums feature the song, which like the movie, has struck an emotional chord with fans. Holding the No. 3 slot is rapper Silkk the Shocker, with a smooth 141,000 units of Charge It 2 Da Game, off from last week's debut of 248,000. Pop-rockers Savage Garden sowed a crop of 101,000 new fans in fourth place, while the goofy soundtrack to the Wedding Singer married 97,000 albums and fans to land at No. 5. The Backstreet Boys sold a manly 91,000 copies of their self-titled debut to chart at No. 6, and Usher did it his way in seventh, selling 90,000 units of My Way. K-Ci & JoJo have Love Always for another 88,000 people who bought their debut disc. The rookie rappers rose from eleventh to eighth. Rock rounding out the last two spots in the Top 10. Matchbox 20--shut out of the Grammys--sold 79,000 copies of their debut Yourself of Someone Like You and Pearl Jam's Yield brought up the rear with sales of 73,000. Since the beginning of my (James Damiano's) involvement with Mikie Harris, I had been sending her tapes that I recorded at home on my cassette deck. After of about a year and a half of talking on the phone, sending lyric sheets of my songs to Mikie as well as bringing cassettes with my music up to her at CBS Records, Mikie asked me if I would like to audition for Mr. Hammond. None of my songs at that time had been recorded in a professional recording studio. I accepted the invitation to audition for Mr. Hammond and Mikie told me that she would call me back in a week to set up the time and place. A week later Mikie called and told me that she had set up the audition for three months from that date. The audition would be at Mr. Hammond's office in the Media Sound Building in New York on West 57th Street at Eleven O'clock in the Morning. I started practicing fifteen hours a day seven days a week. The three months seemed like forever. The morning of the audition Mikie called me and told me that she would have to cancel the audition. I told her that I couldn't believe what she was telling me. She knew I quit my job three months prior, to practice for the audition. Finally after while she told me that she wanted to keep it out of the news and that Mr. Hammond was in the hospital. She then assured me that once Mr. Hammond was out of the hospital she would reschedule the audition. A few months later Mikie called and rescheduled the audition for a few months from that date. I was excited and called a person who I was working with at the time named Allen LeWinter. Allen worked with Don Kirshner and was associated with the band Kansas. Allen and his wife were living in a beautiful high rise condo on the East side. I loved going up there. They had a spectacular view from their balcony, and gold Kansas albums hanging on the wall. Allen told me that his wife wrote scripts for soap operas. Allen was a cool guy, well mannered, polite, modest, just your all around classy person. Kind of an artistic guy whose greatest attribute was his sincerity. It seemed , Allen's job was to seek out talent in the suburbs. Everything else goes without saying. Allen respected Mr. Hammond immensely and was looking forward to going to the audition with me. When I told Allen that the audition was back on we made arrangements for me to pick him up at his condo the morning of

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the audition. Again I started practicing and practicing fourteen hours a day when Mikie sent me a book titled "John Hammond on Record."

I was all practiced out, I couldn't practice anymore, so I read the book. The book put me in semi-shock. It identified Mr. Hammond as the most influential music executive in the world. The days counted down to three nights before the audition and I couldn't sleep. The following night I couldn't sleep, till finally the night before. It was twelve midnight the night before. I laid in bed trying to go to sleep but still could not It seemed impossible. My adrenalin wouldn't stop pumping. One A.M. rolled around, I was still wide awake and I hadn't slept in a couple days. Around two thirty I went downstairs grabbed a bottle of tequila and started drinking. Within a half hour I finally fell asleep. The audition was for eleven oclock in the morning. I woke at seven, jumped in the car, drove to New York, picked up Allen and we drove cross town to the audition. We parked the car, I grabbed my guitar and we started to walk to Mr. Hammond's office when I started feeling ill. Allen quickly started trying to help me pull myself together with words of support, by calmly saying "You can do this " while I was thinking "he must be crazy, he doesn't understand how sick I feel" anyway I had no other alternative but to believe what Allen was saying to me and to simply pull myself together. We entered the building and the receptionist called up to Mikie to tell her we were there, she hung up the phone and told us that Mikie said for us to go up. When we got to the office Mikie was waiting and quickly asked me if I'd like to tune my guitar. I said yes and she brought me down into a recording studio where she pointed to a piano and said "You can tune your guitar to this piano, it's the piano that Billy Joel records on." My first reaction was " Now that's a dose of reality not to many musicians could swallow." and with that thought I had to wonder what she expected from me. My second reaction was "Now that's inspiration. I started tuning the guitar, when all of a sudden a string broke. I put down the quitter and said to Allen I'll be right back. I jumped up, ran down the stairs, stopped at the receptionist and asked her to get me some packets of salt, I ran a couple blocks down to the car and asked the valet where my car was. He pointed me to it and I ran down and grabbed a case that had guitar strings in it. I ran back to the building , and as I ran past the receptionist she handed me the salt, I ran back up the stairs, put on the string, tuned the guitar, licked some salt and followed Mikie back up to Mr. Hammond's office. Mikie told Allen and me to have a seat and that Mr. Hammond would be in a couple minutes. We waited a few minutes, then Mr. Hammond walked in. Mikie introduced us. We all shook hands, Mr. Hammond sat down at his desk and started out the conversation with a comment about Bruce Springsteen. We talked for a while and Mr. Hammond asked to hear one of my songs. I played four songs for Mr. Hammond. One of which was titled "Living Proof." Mr. Hammond also read a song of mine

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that when I handed it to him I explained that I had written the song on an electric guitar and that since I only had an acoustic guitar with me, that I'd rather not try to play it. Mr. Hammond politely understood and said that he would like to hear it with music after it was recorded. The song Mr. Hammond read is displayed below:

I've got a plush A frame Overlooking the Ocean With a fireplace to keep us warm When it's cold Cathedral ceilings For romantic evenings And lights that turn down low In the garage there's a brand new silver blue porche It's a 911- E And all these luxuries Can be yours for a while honey If you just say yes to me Just say yes to me honey Just say yes to me Just say yes to me honey And give up your dignity I like playing golf racquetball and tennis And I bet on all the sports And I'm part owner of a nice little cottage Lodged up at a ski resort My boats docked down at Little Creek Marina I just got a set of new sail On warm summer nights we'll sail out on the bay And watch falling stars make trails It's a good life when the money's right You can satisfy your curiosity And all you have to do honey Is just say yes to me Just say yes to me honey Just say yes to me

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Just say yes to me honey And give up your integrity My bank accounts bigger Than the houses I own Bigger than all three Live in maids clean all day To give us more time to be free Well go out every night Where you can show off all your new clothes And expensive jewelry And all you have to do honey is Just say yes to me Just say yes to me Just say yes to me honey And give up your dignity

The song that Mr. Hammond read at the audition was untitled at the time but identified with two separate names. One of the identification of this song was "Just say yes to me" the second was "Dignity". I copyrighted this song with the Library of Congress in 1982. Twelve years later Bob Dylan was nominated for a Grammy for a song titled "Dignity" released on his 1994 Bob Dylan's Greatest Hit's album and also on his MTV Bob Dylan Unplugged album. The relationship between Mr. Hammond, CBS Records, Mikie , and myself continued for over Eleven Years. I kept submitting material. Musicians that I was playing with at the time would come up to CBS Records with me when I went to bring new songs that I had written up to Mikie. Exhibit 4 1982 [later that year] In 1982 Mikie sent me a Christmas card stating ; Dear Jim, "Wishing you a splendid Christmas and a most prosperous New Year." (signed) - Love Mikie, Randy, Duke and Nikkie too. December 1982.

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Mikie invited me to stay at her home for weeks at a time where I wrote and experimented with songs on her baby grand piano all the while submitting more and more material to her. It was around this time James recorded "Bury Me In New York City" with Tommy LaBella and carolyne Mass. See Carolyn Mass's website below Carolyne_Mass_website

1986 I ( James Damiano) met Danny Gallagher in 1986. Danny was in one of Bruce Springsteen's first original bands "Doctor Zoom and the Sonic Boom". Rumor has it that Springsteen was sleeping on Danny's couch when he got signed to CBS Records. Nevertheless Danny and Springsteen still remain friends as of today {August 5th 1997} Danny was a great steel guitar player. I asked Danny if he would put a steel guitar track on "Steal Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) and he agreed to do so. He also told me he that had a friend named Mario who played a great electric guitar and who did some touring with members of the New Riders of the Purple Sage. Danny set up the recording session at Mario's home, we set up the equipment and recorded "Steal Guitars." (also identified as "Dignity" on James Damiano's 1982 copyright registration) The Declaration of Danny Gallagher {Displayed below} Danny Gallagher a musician who recorded the dobro guitar track on James Damiano's song "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) declares under penalty of perjury that:

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I am a musician and I play the dobro guitar. I reside at -- _____________ Terrace __________Ireland. I recorded songs with James Damiano in the year 1986. I Danny Gallahger declare that in 1986 I played and recorded the dobro guitar track on James Damiano's song " Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) The song I am referring to in statement #5 of this declaration is the same song that is playing in the background of this taped statement or declaration. A week after James Damiano and I recorded the song "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) Mr. Damiano told me that he went to New York to submit a copy of it to Mikie Harris at CBS.

Big Danny Gallagher with Bruce Springsteen

Plaintiff's Steven M. Kramer refused to submit Danny Gallagher's Declaration to the court, until the reconsideration motion. When Plaintiff asked Mr. Kramer why he was not submitting Mr. Gallegher's Declaration in his opposition brief to Defendants summary judgment motion, Mr. Kramer replied that "He didn't want to appear weak to the court Mario Phillips a musician who recorded the electric guitar track on "Steel Guitars" aka (also identified as "Dignity" on James Damiano's 1982 copyright registration) during the same recording session with Danny Gallagher and James Damiano declares under penalty of perjury that: My full Name is Gregory S. Phillipps (aka. Mario) I was born in _________________Washington. I reside at _____________________Washington In the year 1986 I played and recorded on an instrumental song of James Damiano's. Said song in #4 was recorded at the address I was living at in New Jersey Danny Gallagher also played the dobro guitar on this song The song I am referring to was played to me on the phone by James Damiano. I recognized the song as the song James, Danny and I recorded in 1986. http://www.bluespower.com/a-mb.htm Major talent scout, John Hammond Sr. brought Stevie Ray Vaughan, Bob Dylan, Aretha Franklin, Leonard Cohen and Bruce Springsteen to Columbia Records. Hammond also worked as a producer with such early greats as Bessie Smith, Billie Holiday, Benny Goodman and Count Basie Info@VanguardRecords.com,info@veerecords.com,webmaster@vprecords.com. On June 6th 1987 Mikie wrote a letter to me stating ;

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Dear Jim: Thanks for 'sharing' your lyrics / poetry with me. To me, your work represents a lot of time and effort but, from an artistic point of view, I feel that it is representative of poetry rather than a song in today's commercial market of music. Since no tape accompanied the words, I have no way of knowing what your ideas are with regard to the music. I just wish that there was some way for me to be of help to you, but with things the way they are, especially regarding Mr. Hammond's health, my hands are tied. Our office has (at least since I've been associated with John) been actively involved with publishing, which is something I suggested you try to your material several years ago. I still maintain that this is the best route for you. Publishers can reach major artists and guide you with regard to your material. On the basis of the material that you have just now presented to me, I think it might stand a stronger chance of being recognized as a volume of straight poetry rather than songs. Because of Mr. Hammond's policy with regard to his relationships with artists he has worked with, I will not be able to present your material to Bob Dylan. Jim, I wish you the best ( but surely you know this by now after all these years ) and I'm only sorry that our office can't be of assistance to you. Take care Mikie.

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This is the letter I received after Mikie took my songs for seven and a half years. A copy of the envelope which enclosed Mikie Harris's letter is displayed below. Please note JOHN HAMMOND / MIKIE HARRIS below CBS Logo.

Plaintiff contends that many statements in Ms. Harris's letter are false and purposely misleading. Another letter from CBS is displayed below: Taken from deposition disc also on video taped deposition. Scott Patterson testified in a video tape deposition below: Please note: All depositions besides Plaintiff's are video taped: 2 A. He never -- it was kind of like in 3 the beginning he had things to talk to me about 4 and then he came to the store and I think he made 5 the connection because I knew Tony and I also had 6 met Mikie Harris through Tony Tiller and I knew a 7 lot of those people. Patterson Deposition 15 Q. Now, Mr. Patterson, when did you 16 first meet the plaintiff in this action, James 17 Damiano? 18 A. I guess it would be around '88. I'm

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19 not sure of the date. I had met Jim at 20 Broccoli-Rabe Studios when he was recording there 21 and I worked on a couple of his sessions. That is 22 my extent of meeting Jim until last year when he 23 came up to my store. 24 Q. And you were working at Broccoli-Rabe 25 Studios in 1988? 24 1 Patterson 2 A. Right. I did assistant engineering 3 on and off there. 4 Q. Was that a formal position, assistant 5 engineer, or was it on an as-needed basis? 6 A. As-needed basis. 7 Q. Who owned Broccoli-Rabe? 8 A. Brian Draigo. 19 Q. Was there a chief engineer? 20 A. Yes. 21 Q. Who was that? 22 A. Phil Pfisterer. Phil and I had a 23 production company together called I-n-d-i-e Music 24 Productions 13 Q. Do you know when Mr. Damiano recorded 14 music at Broccoli-Rabe Studios? 15 A. It would probably be around '87, 16 because in '88 I worked with Tony Tiller out in

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17 Sammy Fields. 23 A. Yes. The relationship between myself 24 and Tony Tiller came through Phil Pfisterer, not 25 through Jim Damiano. Phil met Tony Tiller through 26 1 Patterson 2 Jim Damiano at a party, 17 A. I met Tony Tiller through Phil 18 Pfisterer, who was my partner. Phil met Tony 19 through Jim Damiano at a party at Tony's house. 20 Phil went with Jim to the party. 21 Q. Did Mr. Damiano ask you to come to 22 this meeting? 23 A. Yes. 24 Q. What did he tell you the purpose of 25 the meeting was? 58 1 Patterson 2 A. He never -- it was kind of like in 3 the beginning he had things to talk to me about 4 and then he came to the store and I think he made 5 the connection because I knew Tony and I also had 6 met Mikie Harris through Tony Tiller and I knew a 7 lot of those people. 8 Q. When you say a lot of those people, 9 who else other than Tony Tiller and Mikie Harris? 10 A. Tony Tiller and Mikie Harris -- he

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11 asked how he could get in touch with Mikie. I had 12 worked with her son, Duke, he has a band called 13 Marble. 14 Q. In working with Mikie Harris' son, 15 that had absolutely nothing to do with James 16 Damiano? 17 A. No, not at all. I didn't even know 18 Jim knew Mikie. I had met Mikie -- Tony had a 19 party at his house and I met Mikie there. 20 MR. SNYDER: Mr. Kramer, could you 21 go outside to do that. 22 MR. KRAMER: Oh, sure. 23 MR. SNYDER: Thanks. 24 Q. When you met Mikie, that again had 25 nothing to do with James Damiano and his recording 59 1 Patterson 2 of music or anything like that? 3 A. No. Actually, Mikie -- we were at a 4 party at Tony's house, and Mikie -- we started 5 talking and it ended up she knew a lot of people 6 that I knew through the studio and stuff. Exhibit 8 Taken off the internet Mikie Harris is on the National Academy of Popular Music / Songwriters Hall of Fame - Board of Director's Plaintiff believes that this organization is instrumental in nominating Grammy nominees. This exhibit explains the caliber of the people Mikie was associated with in the music industry not that she needed and credentials after working with John Hammond Sr. the last ten years of his career.

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Martin Bandier Chairman and CEO of EMI Music Publishing. Administers the copyrights of close to one million songs. Billboard's Pop and Black Music Publisher of the Year in the U.S. for a record seven consecutive years. Board member of EMI Group plc, the NMPA, the BMI Foundation and Board of Trustees of Syracuse University, his Alma Mater. Freddy Bienstock Chairman and Chief Executive Officer, Carlin Music International; Board Member of ASCAP, Harry Fox Agency and National Music Publishers Association; Recipient of Songwriters' Hall Of Fame Abe Olman Publishers Award, 1996. Oscar Brand Singer/Songwriter; Composer for Broadway Musicals (Hyman Kaplan, A Joyful Noise, Kennedy Center Bicentennial Musical Sing American Sing), Ballets (Gold Rush for Agnes Demille) and Films (Blue Chips, The Fox, Sybil, The Long Riders). Songs Include: A Guy is a Guy, My Old Man's a Sailor, When I First Came to This Land, Where Were You Last Night, Wayward Boy. Founding Director and Curator of the Songwriters' Hall of Fame; TV and Radio Broadcaster; Author (The Ballad Mongers, Songs of '76, Singing Holidays, etc.). Irving Burgie Songwriter; Publisher; Member of ASCAP and Songwriters' Guild since 1956. Songs Include: Day O; Jamaica Farewell; Island in the Sun; and 34 songs recorded by Harry Belafonte. Musical: Ballad for Bimshire. Honorary Doctor of Letters, University of the West Indies (1989). Tita Cahn Widow of lyricist Sammy Cahn, President Emeritus of the Songwriters' Hall of Fame, 1973-1993. Ervin Drake Vice President, NAPM; Scholarship Committee Chairman, NAPM; Songwriter; Writer and/or Producer of Stage and T.V. Shows; Former President of Songwriters' Guild of America; Songwriters' Hall of Fame Inductee; Songs include: It Was a Very Good Year; I Believe; Perdido; Good Morning, Heartache; Tico Tico; A Room Without Windows; Al Di La. All songs in cast album revival CD "Her First Roman," 1994; All songs in Leslie Uggams CD "Painted Mem'ries," 1995; Eight songs in current CD "From John Gabriel with Love." Al Feilich Dinner Committee Chairman, NAPM; Retired Vice President, Information & Research, BMI; B'nai B'rith, District One Board Of Governors; Executive Committee, Peninsula Chapter Cancer Care; Lifetime Member, Basketball Hall of Fame; Serves on Executive, Museum, Scholarship, Nominations and Special Awards Committees, NAPM. Charles Feldman Vice President BMI, Came from EMI where he was Vice President, worked with The Neville Brothers, Barry Mann, Carol King, Gerry Goffin, Tony Joe White, Toni Wine, and Wendy Waldman, Music supervisor and executive soundtrack producer of motion picture "Tender Mercies," Started out as songwriter signed to Muscle Shoals Music, National Trustee of NARAS, Vice Chairman of Entertainment Division UJA-Federation. Mark Fried President, Spirit Music Group; Board of Directors - Songwriter Associations of Boston, Philadelphia and Washington; Co-Producer of Songwriters: Inside Out. Milt Gabler Record Producer; Founder of Commodore Records; Worked with Decca/MCA until 1971; Founding Father of NARAS; Produced songs in Grammy Hall of Fame: Bill Haley's Rock Around the Clock, Billie Holiday's Strange Fruit and Lover Man and Lionel Hampton's Flying Home. Other songs include: Danke Schoen; L-O-V-E; In a Mellow Tone; Choo-Choo-Ch'boogie. Jules Goldberg Executive Director, NAPM; Ex-Officio on Museum, Dinner, Nominating and all other Committees; Realtor; Former President of Old Westbury Hebrew Congregation (still a trustee); Chairman af the Village Board of Appeals; Member of the Council of Temple Presidents of Nassau County. Sonny Golden Business Manager; Golden/Goldberg Accountancy Corporation. Mikie Harris Record Producer; President/Creative Affairs, Theatre Video Playhouse, Inc. and MIRI Music Companies.

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[NAPM] [Links] [Board of Directors] [Showcases] [Workshops] [Membership] [Newsletter] [SHOF] �1999 Songwriters' Hall of Fame, The National Academy Of Popular Music. Inquires email April Anderson Web site questions email webmaster@12ptrule.com Another new finding of fact which has surfaced concerning Mikie Harris is identified as exhibit 13 below. This exhibit displays production credits on the album: Produced and arranged by Bruce Springsteen and Miami Steve Van Zandt. Other production credits listed are Mikie Harris for background vocals. A true and correct copy of this web site of the production credits There is also a Bob Dylan song on the album titled From a Buick 6. SONGS * BIOGRAPHY * TIMELINE * NEWS DADDY'S COME HOME from LP: "Dedication" Gary U.S. Bonds 1981, EMI America Records Dedication Gary U.S. Bonds 1981, EMI America Records Songs Jole Blon (Moon Mullican / Fort Knox Music Co.BMI)* This Little Girl (Bruce Springsteen ASCAP)* Your Love (Bruce Springsteen ASCAP)* Dedication (Bruce Springsteen ASCAP)* Daddy's Come Home (Stevie Van Zandt / Blue Midnight Music)** It's Only Love (J. Lennon - P. McCartney / Maclen Music, Inc. BMI)** The Pretender (Jackson Browne / Swallow Turn Music/WB Music Corp. ASCAP)** Way Back When (G. U.S. Bonds-G. Bruno / King Kong Music/Gary Bonds Music BMI)*** From A Buick 6 (Bob Dylan / Warner Bros. Inc. ASCAP)** Just Like A Child (J. Clemente-L. Conte-L. Anderson / King Kong Music/Gary Bonds Music/Smooth Sailing Music BMI/ASCAP)** Liner Notes & Production Credits * Produced & Arranged by Miami Steve & Bruce Springsteen ** Produced & Arranged by Miami Steve Associate Producer: Garry Tallent *** Produced by Gary U.S. Bonds, Lanny Lambert & Rob Parissi Additional Recording & Mix Produced by Miami Steve with Garry Tallent MUSICIANS: Accordion: Danny Federici Bass: Garry Tallent; John Clemente Drums: Mike Micara; Max Weinberg Fuzz Bass & Bongos: Miami Steve Guitars: Louie Conte; Rob Parissi; Bruce Springsteen; Miami Steve Keyboards: Roy Bittan; Rusty Cloud; Danny Federici Baritone Sax: Joey Stann Tenor Sax: Clarence Clemons (all solos); Ed Manion Trombone: La Bamba Trumpet: Rick Gazda; Michael Spengler Vocals: Ben E. King & Chuck Jackson on "Your Love" Background Vocals: Ellie Greenwich; Mikie Harris; Ula Hedwig; Brenda Hilliard (solo on "The Pretender"); Carol Sylvan; Carol Williams; Bruce Springsteen (solo on "Jole Blon" and "This Little Girl"); Miami Steve; Clarence Clemons Thank You BEN E. and CHUCK Chuck Jackson appears courtesy of Sugarhill Records Bruce Springsteen appears courtesy CBS Records Inc. Ben E. King appears courtesy Atlantic Records Corporation Engineers: Neil Dorfsman; Bob Clearmountain; Tony Bongiovi; Larry Alexander; Bill Scheniman Assistant Engineers: Jason Corsaro; Dave Greenberg; Jeffry Hendrickson; Garry Rindfuss; Ray Willhard Recorded & Mixed at the Power Station, New York City (except "Way Back When," recorded and mixed at Sound Mixers, Randy Mason, Engineer) Mastered at Precision Lacquer by Larry Emerine & Stephen Marcussen Swoopman Apocalypse Chuck Plotkin Management: John Apostol, Apostol Enterprises, Ltd. Album Design & Photography: Jimmy

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Wachtel, for Dawn Patrol Additional Photography: Tom Gibson & Barry Goldenberg Hand Lettering: Gloria Von Jansky Special thanks to: Big Laurie Anderson & Little Laurie Anderson, Gary Gersh, and Everybody at EMI Mikie Harris also was given production credit on Stevie Ray Vaughan's album "Soul to Soul." Plaintiff produces to this court the following article ( review ) to the court Please note that Stevie Ray Vaughan played on Bob Dylan's album "Under the Red Sky." In fact, numerous musicians that played on the "Bob Dylan Unplugged" album also shared similar credits on Stevie Ray Vaughan albums. Mikie Harris is given production credits as Assistant to Producer John Hammond. When I (James Damiano ) received the June 15th, 1987 letter from Mikie Harris stating that she could not be of assistance to me, I called her at CBS and asked to speak to her. A man answered the phone and told me that Mikie was at the hospital with Mr. Hammond. His name was Tony Tiller and he said that he was watching over the office while Mikie was out. Mr. Tiller then asked me if I was the person who wrote the material on Mr. Hammond' s desk. I asked him what material he was referring to and he replied the songs in the big black notebook. I replied yes and we started to converse about the songs. He told me that he liked them and invited me up to CBS to meet with him. Tony showed a great deal of enthusiasm for my material. We started meeting or corresponding over the phone as Mikie and I had and Anthony started inviting me to parties in New York that other CBS people would attend. The following article in which Tony Tiller's name appears and is given credit on an album which contained songs released by Bob Dylan. Exhibit 14 displays the album credits Tony Tiller as the Project Coordinator on The Byrds Box set which contained songs written by Bob Dylan. 4k. THE BYRDS BOXED SET (Columbia/Legacy C4K 46773; 1990) _ Credits: Released October 1990. Compilation produced by Don DeVito and Bob Irwin. Musical Consultant: Roger McGuinn. Remastered and remixed by Tim Geelan & Vic Anesini. Project Director: Gary Pacheco. Project Coordination: Tony Tiller. Art Direction: Joel Zimmerman and Lisa Sparagano. Personnel: The Byrds v. 1.0 The Byrds v. 2.0 The Byrds v. 3.1 The Byrds v. 4.0 The Byrds v. 6.0 The Byrds v. 6.1 and on all new material: The Byrds v. 8.0: Roger McGuinn: vocals, 12-string guitar David Crosby: vocals Chris Hillman: vocals, bass plus: On "Turn! Turn! Turn!" Add John Jorgenson on guitar Add Steve Duncan on drums On "Mr. Tambourine Man" Add John Jorgenson on guitar Add Steve Duncan on drums With Bob Dylan on vocals & guitar On "Paths of Victory" Add John Jorgenson on mandolin Add Stan Lynch on drums On "From A Distance" David Crosby add guitar Add John Jorgenson on guitar, and mandolin Add Stan Lynch on drums On "Love That Never Dies" Chris Hillman plays guitar and not bass Add John Jorgenson on lead guitar and bass Add Stan Lynch on drums Add Al Kooper on keyboards Songwriting Credits: "Turn! Turn! Turn!" by Pete Seeger; lyrics adapted from the Book of Ecclesiastes "Mr. Tambourine Man" by Bob Dylan "He Was A Friend of Mine" by Jim McGuinn "Paths of Victory" by Bob Dylan " Musically, The Byrds Boxed Set lives up to its billing as a "definitive" collection. The URL of this page is: http://ebni.com/byrds/lpbox.html This page was last revised on February 20, 1997 DEFENDANTS TRY TO MAINTAIN TO THE COURT THAT THE PEOPLE AT CBS RECORDS / SONY MUSIC WERE IN POSSESSION OF JAMES DAMIANO'S SONGS, WERE NOT IN ANY POSITION TO ADVANCE PLAINTIFFS CAREER AS A SONGWRITER IN THE MUSIC INDUSTRY. The following exhibits downloaded from the internet conclusively refute Defendants position of said defense.

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I brought a sound engineer that I had worked with in the studio to one of Tony's parties. Not long after this, the engineer started working in the studio with Mr. Tiller on a musical project that Tony Tiller was producing. Scott Patterson testified below Please note: All depositions besides Plaintiff's are video taped: 23 A. Yes. The relationship between myself 24 and Tony Tiller came through Phil Pfisterer, not 25 through Jim Damiano. Phil met Tony Tiller through 26 1 Patterson 2 Jim Damiano at a party, 17 A. I met Tony Tiller through Phil 18 Pfisterer, who was my partner. Phil met Tony 19 through Jim Damiano at a party at Tony's house. 20 Phil went with Jim to the party. July 10th, 1987 July 10th, 1987 Tony Tiller asked me If I would like to submit material to Bob Dylan. I told him sure I would. He told me to mail the songs to Dylan at the Meadowlands Arena in East Rutherford New Jersey. I mailed them certified mail with return receipt requested. Produced during discovery in this litigation is Exhibit # 27 a certified mail receipt sent to Bob Dylan at the Meadowlands Arena Route 20, East Rutherford New Jersey. The date of this receipt is July 10th, 1987. [ a copy the Meadowlands arena certified mail receipt has been produced to defendants and the court during discovery]

On the same day July 10th, 1987 John Hammond. Sr. passed away. An article downloaded from the internet is displayed below. One day shortly before Mr. Hammond's death I was in New York and I called him from the lobby house phone at CBS as he told me to do from the first time I went to see him. Usually when I called from the lobby house phone he would tell me to come up to his office. He would call the security guard at the front desk and give his tell the

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security guard to permit me to enter the elevator and I would go up to his office. This particular day he said to me "don't come up because I'm coming down shortly" . His voice had a ringing excitement to it when he then asked me if I'd like to go with him to Carnegie Hall that night where he was going to record Stevie Ray Vaughan live. I remember the excitement in his voice still to this day. I was just excited and honored that he asked me to go with him. I was extremely flattered and honored. I told Mr. Hammond I would love to go and he told me to meet him at the back entrance. He told me that he would be at the mobile recording unit outside of the back stage entrance and to look for a large truck or van. I met Mr. Hammond there. As soon as we entered through the backstage door Mr. Hammond was swarmed by reporters attempting to ask him questions mostly about his health because he was recently released from the hospital. Mr. Hammond wasn't concerned with answering questions about himself. I stood back and watched. He was surrounded by reporters all talking to him all at once. I could feel his excitement, I could feel his adrenalin flowing, and I knew his intentions were not to talk about himself but to record Stevie Ray Vaughan yet I could see him trying to slow himself down so as to be polite to the reporters like a Jockey on a racehorse trying to slow the horse down after a race. Mr. Hammond spoke to the reporters for a short while, then tried to make an exit but they wouldn't let him go. The reporters kept asking him questions. From my recollection Mr. Hammond's reaction to their questions could only be best described as reminiscent of a tv newsperson flashing a microphone in a politicians face who was caught in a scandal as he walked out of the court room, although Mr. Hammond was not in that position. It was just the look on his face that resembled the notion of that similar situation I described. It appeared to me that all Mr. Hammond wanted to say to the reporters was "Are you kidding Stevie Ray Vaughan's on the stage and he's getting ready to play". Mr. Hammond then said to the reporter something to the effect and very politely "Now if you'll excuse me I'll go record this concert" He was seventy three or seventy four years old then, he was just out of the hospital, yet he continuously walked on to the stage to check the microphones, then out the backstage door, down some shakey metal steps, back up some more shakey metal steps to the mobile recording truck to check the recording levels and then back again. It was like he was on a tight rope, or a high wire. I thought he was going to fall a couple times as he lost his balance. I stayed as close to him as I could in case he fell. I could tell he didn't have all his strength and still wasn't fully recovered from his heart attack. I was think to myself the doctors released him to soon but his energy came from his ambition and it reminded me of my audition with him after not sleeping for three nights before the audition. It was a similar situation although I was around thirty years old when I auditioned for him and he was in his seventies. It was a great concert. Doctor John was playing piano that night with Stevie. Mr. Hammond accomplished what he was trying to achieved that night and parts of the concert were released on a live Stevie Ray Vaughan CD. Not long after the live recording of Stevie Ray Vaughan at Carnegie Hall was recorded Mr. Hammond died. at his home in New York. The article in the newspaper stated that Mr. Hammond died at home while listening to a Billy Holiday record. Downloaded from the internet: Major talent scout, John Hammond Sr., died in 1987. He brought Stevie Ray Vaughan, Bob Dylan, Aretha Franklin, Leonard Cohen and Bruce Springsteen to Columbia Records. Hammond also worked as a producer with such early greats as Bessie Smith, Billie Holiday, Benny Goodman and Count Basie

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Info@VanguardRecords.com, info@veerecords.com,webmaster@vprecords.com. A few weeks later Tony Tiller told me that he went to the Memorial service for Mr. Hammond and that he manned the door at the church making certain that everyone signed the quest log. He said Bob Dylan did not attend and that Bruce Springsteen was there. January 1st, 1988 In January 1988 , I started recording at Broccoli Rabe studios in Fairfield New Jersey. Among the songs " My Cousin JoAnn" and "Another Justification" is an instrumental song titled "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration). The melody line of "Steel Guitars," which is analyzed in a comparative analysis to Bob Dylan's recording of "Dignity" by both Jon Bob Jovi's piano teacher Harold Frazee and Harvard University musicologist, Dr. Paul Green. In a sworn video tape deposition Scott Patterson testified below : Please note: All depositions besides Plaintiff's are video taped: 1 Patterson 2AFTERNOONSESSION 3 (1:46 p.m.) 4 S C O T T H. P A T T E R S O N, 5 previously sworn, resumed: 15 Q. Now, Mr. Patterson, when did you 16 first meet the plaintiff in this action, James 17 Damiano? 18 A. I guess it would be around '88. I'm 19 not sure of the date. I had met Jim at 20 Broccoli-Rabe Studios when he was recording there 21 and I worked on a couple of his sessions. That is 22 my extent of meeting Jim until last year when he 23 came up to my store. 25 Studios in 1988? 24 1 Patterson 2 A. Right. I did assistant engineering

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3 on and off there. 4 Q. Was that a formal position, assistant 5 engineer, or was it on an as-needed basis? 6 A. As-needed basis. 7 Q. Who owned Broccoli-Rabe? 8 A. Brian Drago. 9 In that time frame of 1989 or 10 whenever Tony and I had that conversation, that 11 was it, that was the end of it. He would mention 12 Jim. Did you hear from him. No. So it was like 13 there was no connection after that. 14 Basically, my relationship with Tony 15 was that of him working with another band, and any 16 connection to Jim Damiano was through Phil 17 Pfisterer, so that was really between Tony, Phil 18 and Jim than it would be more for me. You know, 19 like I said, I only met Jim a couple of times in 20 the studio so I don't really know him personally. 21 I know more about him now -- from 1994 to now than 22 I did back then. You know. 23 Q. Okay. And when you say here in the 24 last sentence that I read -25 A. Right. 152 1 Patterson 2 Q. -- after Mr. Damiano says, "He" -3 referring to Mr. Tiller, "He knew that I wanted to

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4 meet Dylan," and your response, "Oh yeah. No, he 5 knew that," the "he" that you are referring to is 6 Tiller, is it not? 7 A. Which one is this? 8 Q. If you look at seven lines from the 9 bottom. 10 A. Right. 11 Q. Okay. Mr. Damiano says, "So he knew 12 that I wanted to meet Dylan." Do you see that? 13 A. Right. 14 Q. And then you say, "Oh yeah. No, he 15 knew that, everybody knew that." Is the "he" -16 is it fair to say that the "he" there is Tiller, 17 that Tiller knew that Mr. Damiano wanted to meet 18 Dylan? When you used the pronoun "he" -19 A. Right. 20 Q. -- is the "he" Tiller? 21 A. Yeah, I guess so. I don't really 22 recall that. I knew that Jim wanted to meet Dylan 23 but, you know, but I don't know -24 Q. I'm just asking who the "he" is? 25 A. The "he" would refer to Tony, right. 153 1 Patterson 2 Q. Okay. 3 A. But I don't know, I don't recall

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4 saying that. 9 A. Okay. 10 Q. Going down to the sixth paragraph 11 from the bottom -12 A. Okay. 13 Q. -- where you're stating the word 14 "especially." Do you see that? 15 A. Right. 16 Q. Okay. Do you recall, Scott, giving 17 your opinion of Mr. Damiano's song-writing ability 18 with these words? We will leave out a couple of 19 the words for obvious reasons. But your comment 20 that "Your writing is very intense, I mean you 21 know how to work words" -22 A. Right. 23 Q. -- is that an accurate statement? 24 A. Right. Yeah, he is very good. Produced in this litigation is part of the contract with Broccoli Rabe studios and Mohammad Marhoumy who is a private investor for the Damiano project. Declaration of Mohammad Marhoumy In a declaration Mohammad Marhoumy a personal investor of James Damiano's declares under penalty of perjury that: I Mohammad Marhoumy state that I have read the following statement and I am willing to testify in a court of law that it is true that on or about July 1987, James Damiano and I drove to New York to attend a meeting with Anthony Tiller. Anthony Tiller was working for CBS Records . This meeting was in reference to James Damiano's songs. Mr. Tiller and I discussed the financing of a musical project of James Damiano's music. At this time I entered into a verbal agreement with Mr. Tiller. I was obligated according to the agreement to supply the money for the project. After this meeting with Mr. Tiller I invested ten thousand dollars. This money was paid to Brian Draigo of Broccoli Rabe studios in Fairfield New Jersey, where Mr. Damiano recorded "Another Justification" and My Cousin JoAnn" . I Mohammad Marhoumy am willing to testify in a court of law that the above statement is true. Mr. Marhoumy signed the above declaration on January 2nd , 1995. Mohammad Marhoumy was also deposed in this litigation by Bob Dylan's attorneys. When Mr. Marhoumy was asked by Orin Snyder (Dylan's attorney) Mohammad testified Orin Snyder - Question. "And my question to you, sir is that after those weeks and after you started paying monthly on the $10,000. Your feelings of disbelief about Mr. Damiano's claims of having some connection to Bob Dylan"

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Mohammad Marhoumy - Answer. "If you want an answer, I'll give you answer. I don't think that Jim was the one that made me - gave me that disbelief. It was Anthony. I think Jim was just maybe lied to. Like I was. That is how I perceived it. I took him for a victim just as much as myself. If there was no connection to Mr. Dylan, it wasn't because of what he said to me, it was because of what Anthony said to me." The following transcript is from Mohammad Marhoumy's deposition. Please note: All depositions besides Plaintiff's are video taped: 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 - - - - - - - - - - - - - - - - - - - - x 4 JAMES DAMIANO, : 5 Plaintiff, : 6 -against- :Case No. 95-4795 7 SONY MUSIC ENTERTAINMENT, INC. and : BOB DYLAN, 8 : Defendants. 9 : - - - - - - - - - - - - - - - - - - - - x 10 May 9, 1996 11 11:28 a.m. 12 Deposition of Non-Party Witness MOHAMED MARHOUMY, 13 taken by Defendants, pursuant to subpoena, at the 14 offices of Parcher & Hayes, P.C., 500 Fifth 15 Avenue, New York, New York, before Robert E. Levy, 16 a Certified Shorthand Reporter and Notary Public 17 within and for the State of New York. Appearances: 3 STEVEN M. KRAMER & ASSOCIATES 4 Attorneys for Plaintiff 150 West 56th Street 5 65th Floor New York, New York 10019 6 By: STEVEN M. KRAMER, ESQ., 7 of Counsel 8 9 PARCHER & HAYES, P.C. Attorneys for Defendants 10 500 Fifth Avenue 38th Floor 11 New York, New York 10110-3899 12 By: ORIN S. SNYDER, ESQ., -and- 13 STEVEN HAYES, ESQ., of Counsel 14 15 Also Present: 16 JAMES DAMIANO 17 RAM SUNDRANI, 18 Videographer 4 IT IS HEREBY STIPULATED AND AGREED 5 by and between the attorneys for the 6 respective parties hereto that the sealing 7 and filing of the within deposition be, and 8 the same hereby are, waived; and that the 9 transcript may be signed before any Notary 10 Public with the same force and effect as if 11 signed before the Court. 12 IT IS FURTHER STIPULATED AND AGREED

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13 that all objections, except as to the form 14 of the question, shall be reserved to the 15 time of trial. 2 THE VIDEOGRAPHER: Good morning. We 3 are on the record. My name is Ram 4 Sundrani. I'll be the video operator for 5 today, May 9, 1996. I represent Doyle 6 Reporting located at 369 Lexington Avenue, 7 New York, New York. 8 We are here at the office of Parcher 9 & Hayes located at 500 Fifth Avenue, New 10 York, New York. This is the case of James 11 Damiano versus Sony Music Entertainment and Bob Dylan. 12 This is the deposition of Mohamed Marhoumy. 13 At this time counsel will identify 14 themselves. 15 MR. KRAMER: Steven Kramer for the 16 plaintiff. 17 MR. SNYDER: Orin Snyder and Steven 18 Hayes for the defendants. 19 THE VIDEOGRAPHER: At this time I'll 20 have the court reporter swear in the 21 witness. 22 M O H A M E D M A R H O U M Y, (residing at XX 23 XXX Road, Morristown, New Jersey), 24 having been first duly sworn by the Notary 25 Public (Robert E. Levy), was examined and

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5 1 Marhoumy 2 testified as follows: 3 EXAMINATION BY 4 MR. SNYDER: 5 Q. Good morning, sir. 6 A. Good morning. 7 Q. Will you please state your name and 8 spell it? 9 A. Mohamed, M-o-h-a-m-e-d, Marhoumy, 10 M-a-r-h-o-u-m-y. 11 Q. And what is your address, sir? 12 A. ------------- Morristown, New 13 Jersey. 14 Q. What is your telephone number? 15 A. 201---------16 Q. What is your date of birth? 17 A. November -------18 Q. Sir, you've never been deposed 19 before, have you? 20 A. No. 20 Q. Thank you. And sir, you are aware 21 that Mr. Damiano has sued Bob Dylan and Sony 22 Music, is that correct? 23 A. Yes. 24 Q. And you are aware, sir, that his

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25 allegations include allegations that Bob Dylan 24 1 Marhoumy 2 used his lyrics and music? 3 A. Yes. 4 Q. If Mr. Damiano is alleging that some 5 of the words and music that Mr. Dylan allegedly 6 used were words and music that came out of the 7 recording session -8 A. Uh-huh. 9 Q. -- then do you have a 50 percent 10 interest in any revenues that Mr. Damiano might 11 receive in connection with his claims if they 12 arise out of these recording sessions? 13 A. Okay -14 MR. KRAMER: Talking about from the 15 lawsuit, in other words if an award is made 16 by a jury, is that what you are referring 17 to? 18 MR. SNYDER: Let's just read the 19 question -20 MR. KRAMER: It is unclear. 21 Q. I'll rephrase the question. You are 22 aware, sir, that Mr. Damiano has sued Bob Dylan 23 and Sony Music? 24 A. Yes. 25 Q. And his claims are that Mr. Dylan

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25 1 Marhoumy 2 used some of his lyrics and music in Mr. Dylan's 3 songs, that is Mr. Damiano's claim, correct? 4 A. Uh-huh. Yes. 5 Q. And if Mr. Damiano is claiming that 6 some of the songs that Mr. Dylan allegedly stole 7 were songs which you helped to produce, and if Mr. 8 Damiano receives a judgment in this case, let's 9 say, against Mr. Dylan, -10 A. Uh-huh. 11 Q. -- based on his claims, based on 12 those tapes, do you have a 50 percent interest in 13 that judgment? 14 A. I would say if this allegedly stolen 15 music was on that tape that I produced, the man 16 wrote thousands of songs. 17 Q. I understand. 18 A. I'm not even sure, I'm not sure which 19 ones he claims that Bob Dylan's stole. If the 20 stolen music, as he says, was part of my tape that 21 I paid for, yeah, I believe I'm entitled to it 22 but if it is not, then I'm not. 23 Q. Well, hasn't Mr. Damiano told you 24 that some of the songs that he claims Mr. Dylan 25 used were songs that were on your tape?

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26 1 Marhoumy 2 A. No, actually he didn't. 3 Q. Never discussed that? 4 A. Never discussed that. That it was -5 we only did one tape. It had like eight songs, I 6 believe. I don't know if -- actually, the tape 7 has no lyrics. The tape we did was just music. 8 So it couldn't be from my tape. 9 Q. Well, one of Mr. Damiano's claims is 10 that Mr. Dylan used his music? 11 A. There is lyrics to the music but they 12 are not on the tape. The tape we have that we 13 produced has no -- well, no, it has lyrics, excuse 14 me, it has lyrics, only one song does have 15 lyrics -- there are eight songs on the tape. One 16 song doesn't have lyrics, one song, My Cousin 17 Joann. There is no lyrics on that song, but the 18 rest of the tape has lyrics so it is possible. I 19 don't know. I don't know which lyrics he is 20 claiming that Bob Dylan stole. It could be one of 21 the songs that we have, and if it is, yes, I 22 believe yes, if he made an agreement with somebody 23 else, that is fine, then his half of that, and if 24 it happened to be one of the songs that I paid 25 for, then I should be entitled to something. If 27

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1 Marhoumy 2 it is not, then I'm not entitled to it. 3 Q. Mr. Damiano wrote this statement and 4 asked you to sign it, correct? 5 A. Yes. 6 Q. And you read it before signing it, 7 correct? 8 A. Yes. 9 Q. You knew this statement was going to 10 be used in connection with a court case, correct? 11 A. Yes, this is true. 12 Q. And you knew that because it was 13 going to be used in a court case, it was important 14 that the statement be truthful, correct? 15 A. Yes. 16 Q. And accurate? 17 A. Yes. 18 Q. And complete? 19 A. Yes. 20 Q. You understood that the purpose of 21 this statement was to set forth the facts that you 22 knew related to this case, is that correct? 23 A. Yes. 24 Q. And that is your signature, correct? 25 A. Yes. 29

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1 Marhoumy 2 Q. Why don't you tell us what the 3 circumstances were that brought -- withdrawn. 4 Did you have a conversation with Mr. 5 Damiano before signing this statement about 6 signing the statement? 7 A. The only conversation that I remember 8 is he was suing Bob Dylan. And they were putting 9 together a list of witnesses, and they wanted me 10 to testify. Do I have a problem to testify based 11 on what happened, and that is the only part I was 12 involved with him as far as business when it comes 13 to that. This is the truth. So I signed it. 14 Q. When you say they were putting 15 together a witness list? 16 A. Him and his attorney. 17 Q. Do you remember who his attorney was 18 at the time? 19 A. I've never met his attorney until 20 this morning. I didn't know what his name was or 21 who it was. 10 Q. Okay. Sir, when did you -- have you 11 ever met an individual by the name of Tony Tiller? 12 A. Yes. 13 Q. And when -- how many times have you 14 met him? 15 A. Only once. 16 Q. And why don't you tell us the

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17 circumstances leading up to your meeting Mr. 18 Tiller? 19 A. Okay. I believe it was 1987 and Jim 20 was working for me at the dealership and I know he 21 was into the music, and you know, writing and 22 listening to music, and he had mentioned that his 23 music is being read by Bob Dylan, and I mean I 24 don't -- I'm not familiar even at that time who 25 Bob Dylan was. I'm not a big music fan of Bob 1 Marhoumy 3 she was like, well, he is this and that, she told 4 me about who Bob Dylan was. I didn't believe him 5 in the beginning. I didn't believe him. He 6 wanted to produce a record that he believed it 7 would end up in Bob Dylan's hands and he needed 8 money to produce that record. It was going to be 9 approximately $10,000. Somewhere around that 10 number. And he was looking for somebody to invest 11 into that and share whatever profit that would 12 come out of this. 13 And at the time, I was into 14 investments. I just bought a few family houses, I 15 had just all kind of credit cards, I had American 16 Express Platinum and that gave me a $10,000 check 17 limit with it, I just got in the mail just at the 18 time he was talking to me about this, and I

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19 thought about it for a while but I wasn't about to 20 make a decision just based on his words, and I 21 wanted to meet with somebody that would concur 22 with what he is saying. 23 And he mentioned Sony Records, CBS 24 building, that he goes there, and he meets with 25 this -- supposedly a big shot with that company, 33 1 Marhoumy 2 his name is Anthony Tiller and he is the one that 3 takes his lyrics to Bob Dylan, and if I don't 4 believe him I can go meet with Anthony. If that 5 would help let me get into the business with him 6 that he wanted to do, and I decided yes, I'll meet 7 with him. 8 Q. Okay. Let me -- good, so now we are 9 up to this meeting? 10 A. Yes. 11 Q. Let me take you back. You weren't 12 familiar with Bob Dylan when he told you that his 13 music was being read by Bob Dylan? 14 A. I heard of his name. I didn't know 15 his music. 16 Q. You knew he was a famous recording 17 artist? 18 A. Yes, I heard of his name. I was not 19 familiar with his music. I never listened to him.

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34 1 Marhoumy 3 Q. And you didn't believe Mr. Damiano at 4 the time? 5 A. Yes, I didn't. 6 Q. Why didn't you believe him? 7 A. Because I didn't. I don't know much 8 about lyrics myself. When I read his music, his 9 lyrics, to me, it doesn't make sense, I don't 10 understand. But I don't know what Bob Dylan sings 11 either. I mean it could be the same thing, but I 12 didn't think it was true. I just didn't think it 13 was. 14 Q. Well, what other factors caused you 15 to not believe him that it was true? 16 A. The fact that he was just a salesman. 17 You know, Bob Dylan is reading your music, you 18 should be doing something with that. Obviously he 19 was just a salesman, so I didn't believe it. 20 Bottom line is I wasn't just going to spend money 21 based on his words being just a salesman for me. 22 Q. Did Mr. Damiano tell you that any 23 other rock stars were reading his music? 24 A. No. Not at that point. 25 Q. At that point in 1987, sir, did he 35

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1 Marhoumy 2 tell you that Bob Dylan was already reading his 3 music? 6 Q. According to Mr. Damiano, that was 7 through Tony Tiller? 8 A. Through Anthony Tiller, yes. 9 Q. That Mr. Damiano told you that he 10 gave his music to Anthony Tiller and Anthony 11 Tiller then gave his music to Mr. Dylan? 12 A. Yes, that is how I perceived it. 13 Q. And you perceived it based on what 14 Mr. Damiano told you? 15 A. Well, until I met Anthony. That's 16 why I wanted to meet with Anthony. 25 Q. At that point in 1987, sir, did he 35 1 Marhoumy 2 tell you that Bob Dylan was already reading his 3 music? 4 A. He was -- yes. He was receiving, his 5 music was being given to Bob Dylan to read. 6 Q. According to Mr. Damiano, that was 7 through Tony Tiller? 8 A. Through Anthony Tiller, yes. 9 Q. That Mr. Damiano told you that he 10 gave his music to Anthony Tiller and Anthony 11 Tiller then gave his music to Mr. Dylan?

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12 A. Yes, that is how I perceived it. 13 Q. And you perceived it based on what 14 Mr. Damiano told you? 15 A. Well, until I met Anthony. That's 16 why I wanted to meet with Anthony. 17 Q. I'm still before -18 A. Yes, before meeting with him, it was 19 just based on what Jim was telling me. 20 Q. And Mr. Damiano at the time was 21 looking for an investment? 22 A. Looking for somebody to help him with 23 the money. 24 Q. And Mr. Damiano also told you that 25 Anthony Tiller was a big shot at CBS Records? 36 1 Marhoumy 2 A. Yes. 3 Q. How did he describe his position to 4 you? 5 A. I don't exactly recall, but he was in 6 like in the R&R or PR, like entertainment. 7 Q. A&R? 8 A. A&R, that is the right word, 9 something like that, but he was high up in that 10 company. 23 Q. And not believing Mr. Damiano, based

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24 on what he said, you wanted to meet Mr. Tiller, 25 that is your testimony? 37 1 Marhoumy 2 A. Yes. 3 Q. Okay, and when was the first time 4 that Mr. Damiano raised with you the possibility 5 of you giving him money to record a tape? 6 A. I would say a couple of weeks before 7 the meeting with Anthony. 8 Q. And he approached you, is that 9 correct? 10 A. Yes. 11 Q. And what did he tell you about what 12 he hoped would happen as a result of your 13 investment? 14 A. Well, basically there was that one 15 song that he was -- that he really liked a lot, 16 which is My Cousin Joann, and we just believed 17 that would be a big hit if somebody like Bob Dylan 18 would sing that song, that would be like a big hit 19 and that was -- you know, that's what got me 20 interested. 21 Q. And then your wife told you that yes, 22 in fact Bob Dylan is a big superstar? 23 A. Yes. 24 MR. KRAMER: Gentlemen, could you

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25 possibly speak one at a time. 38 1 Marhoumy 2 THE WITNESS: Okay. 3 MR. KRAMER: So we don't have to do 4 this twice. 5 Q. So in effect Mr. Damiano asked you to 6 invest $10,000 in his recording project? 7 A. Yes. 8 Q. And before your meeting with Mr. 9 Tiller, did you enter into your agreement with Mr. 10 Damiano? 11 A. No. 12 Q. That was after? 13 A. Yes. 14 Q. And you gave, as you testified, the 15 $10,000 because you hoped you would make a lot 16 more? 17 A. Of course. 18 Q. And in fact you made nothing? 19 A. Yes. 20 Q. And in fact Mr. Damiano never paid 21 back the $10,000? 22 A. No. 23 Q. And in fact you've asked it back from 24 him?

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25 A. No. 39 1 Marhoumy 2 Q. Never? 3 A. I never asked it back. 4 Q. Is that because you knew he didn't 5 have it to pay back? 6 A. I know he doesn't have it. It was 7 just a bad decision on my part, a bad business 8 decision. In my mind I just wrote it off. 9 Q. If you knew that Mr. Damiano was 10 flush and had lots of cash, wouldn't you ask him 11 for the $10,000 back? 12 A. I lost track of him for years, but if 13 I heard that he had money, I would have, but I 14 know that he doesn't. 15 Q. But if you knew right now that Mr. 16 Damiano had a $200,000 CD and was living high on 17 the hog, you would call him up and you would say, 18 what about my $10,000, correct? 19 A. If he didn't give it to me, but what 20 I remember about Jim, if he has the money he would 21 give it to me. 22 Q. And in fact the $10,000 investment 23 which you made in 1987, if you compound interest 24 and do all sorts of things to it, you probably are 25 out in current dollars more than 20,000 bucks?

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40 1 Marhoumy 2 A. I would say so. 3 Q. And is it fair to say that you were 4 ultimately unhappy about that sour investment? 5 A. I can say that. 6 Q. Why don't you tell us about that? 7 A. It is just that it didn't get 8 anywhere. After the song was produced, we made a 9 where bunch of tapes and that was the end of it 10 basically. It didn't take off. Nothing happened 11 after that. 12 Q. The tape was never released on a 13 record? 14 A. Yes, it just never happened, it never 15 happened. 16 Q. And for a time, you called Mr. 17 Damiano and kept on him a bit to find out what was 18 happening, correct? 19 A. Yes, and he tried to do a couple of 20 things with it. If I remember, he made a whole 21 bunch of tapes and went to like college campuses 22 and tried to sell them to get some money back, 23 which I wasn't interested in that, you know, but 24 whatever he sold, he sold. I didn't -- in my mind 25 I just wrote it off completely that this was a bad

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41 1 Marhoumy 2 investment. It's over. 3 Q. At some point you wrote it off, sir, 4 I understand, correct? 5 A. Yes. 6 Q. But before writing it off, there was 7 a time when you didn't write it off? 8 A. For probably I would say three weeks 9 to a month after the record was done. 10 Q. And during those three weeks to a 11 month after the record was done, you called Mr. 12 Damiano to find out the status of the project, 13 correct? 14 A. Yes. 15 Q. And when he told you that nothing was 16 being done, is it fair to say that you became, at 17 times, somewhat annoyed at the situation? 18 A. Yes. I wasn't happy about it. 19 Q. What, if anything, did you say to Mr. 20 Damiano about the failure of him to turn that 21 investment into any profit for you? 22 A. I didn't make a case of it. All I 23 remember is just talking to Jim Damiano about it, 24 just stay with it, just don't give up, keep 25 trying. Things of that nature. You know. In my 42

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1 Marhoumy 2 mind, you gotta understand, I didn't see Jim doing 3 anything wrong. I think he produced a good 4 record. I liked it, my wife liked it. It was 5 good music. I still got a few tapes. I know I 6 give some to my friends. We did nothing wrong as 7 far as that. The bad part of it is that I'm the 8 one that spent the money on it and I didn't get 9 anything back, but I was convinced that this was a 10 good decision, and at the same time that the tape 11 came out very good. So, he didn't do anything 12 wrong. I was mad at myself. 13 Q. You said you didn't believe him and 14 his claims about Bob Dylan listening to his music 15 when you were in the car dealership before your 16 meeting with Tony Tiller, correct? 17 A. That was your testimony, correct? 18 A. Yes. 19 Q. After the meeting and after it became 20 clear that your $10,000 was going down the drain, 21 isn't it fair to say that your feelings of 22 disbelief began to reemerge? 23 A. Not after the meeting. After the 24 tape, two or three weeks after the tape. After 25 the meeting I was very excited. 43

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1 Marhoumy 2 Q. We are going to get to the meeting in 3 a minute and your excitement. I'm mow taking you 4 after this meeting. There came a time that it was 5 clear that your $10,000 investment was going down 6 the drain? 7 A. Yes, that sunk in. 8 Q. You got your American Express 9 Platinum bill? 10 A. Uh-huh. 11 Q. Wham, $10,000. You got to pay that? 12 A. Well, the way -- that is why I did 13 this, because it was, like you get a checkbook 14 with that and you make monthly payments. It 15 wasn't you have to pay it all at once. 16 Q. So every month you are reminded about 17 this $10,000 investment that had gone down the 18 drain, and my question to you, sir, is -19 MR. KRAMER: Was that a question or 20 a color commentary about every month? 21 Q. Is that correct? 22 A. Well, not me, maybe my wife, she pays 23 the bills. I just put it out of my mind, but, 24 yes, I can see what he was saying, it was not me 25 personally. 44 1 Marhoumy

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2 Q. You were aware month to month, sir, 3 that you had to pay the interest, or whatever it 4 is, on the $10,000? 5 A. Yes, I was. 6 Q. And my question to you, sir, is that 7 after those three weeks, and after you started 8 paying monthly that $10,000, your feelings of 9 disbelief about Mr. Damiano's claims of having 10 some connection to Bob Dylan -11 A. Uh-huh. 12 Q. -- began to resurface? 13 MR. KRAMER: Are you asking him that 14 or are you advising him that? 15 MR. SNYDER: It is a question. 16 A. If you want an answer, I'll give you 17 an answer. I don't think that Jim was the one 18 that made me -- gave me that disbelief. It was 19 Anthony. I think Jim was just maybe lied to, like 20 I was. That is how I perceived it. I took him 21 for a victim just as much as myself. If there was 22 no connection to Mr. Dylan, it wasn't because of 23 what he said to me, it was because of what Anthony 24 said to me. 25 Q. I'm not -- I understand that. We 45 1 Marhoumy

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2 will get to that in a minute. 3 A. You are getting at -4 Q. I'm not asking about being mad now. 5 I'm asking about not believing, not because Mr. 6 Damiano was lying to you or not lying to you. But 7 not believing the claim that Mr. Damiano had some 8 connection to Bob Dylan. And my question to you, 9 sir, is whether after those three weeks, those 10 feelings of disbelief resurfaced? 11 A. Yes. Yes. It did resurface. Or -12 and I also had second thoughts about maybe that 13 just the whole thing was a scam, or the whom thing 14 was a scam, or also that this music just got 15 stolen from us, basically just went the way they 16 wanted to go, we paid the money and something else 17 will happen. A million things will go through 18 your head to justify. 19 Q. Sure. 20 A. But at the time, yes, I was upset and 21 the bottom line is we lost track of each other for 22 a few years and I forgot about it. 23 Q. My specific question is whether after 24 those three weeks, you again disbelieved -- I'll 25 rephrase. After those three weeks, you again 46 1 Marhoumy 2 believed that Mr. Damiano really didn't have any

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3 way to get his music to Bob Dylan? 4 A. No, I never disbelieved that because 5 I know what I heard. My wife disbelieved it. She 6 said the whole thing was a lie. I never 7 disbelieved that part. I believed that this music 8 was going to Bob Dylan. I know I believed it in 9 my heart and I still believe it to now. Now maybe 10 they didn't like it, that is a different story. 16 MR. KRAMER: Orin, can we take a 17 half second. My office just paged me. 18 MR. SNYDER: Sure. We are going 19 fast, I know. 20 THE WITNESS: I know, I'm sorry. 21 MR. SNYDER: It's my fault too 22 because I'm talking very quickly. 23 THE VIDEOGRAPHER: This is the video 24 operator. We are off the record. The time 25 is 12:15 p.m. 47 1 Marhoumy 2 (Recess taken) 3 THE VIDEOGRAPHER: This is the video 4 operator, we are back on the record. The 5 time is 12:24 p.m. 6 BY MR. SNYDER: 7 Q. Sir, before we broke you were

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8 testifying that at some point, three or four weeks 9 or later, at your meeting with Mr. Tiller, one of 10 the things you considered was that the whole thing 11 was a scam. Can you tell us what you meant by 12 that? 13 A. That was one of the things that came 14 through my mind. It is possible that it was a 15 scam from -- it could have been a scam. You've 16 got to understand at this time I only knew Jim for 17 a few months. That was one of the possibilities 18 that I thought about. But also I believed, you 19 know, after a while that Jim, there is no possible 20 way that Jim could have been part of that scam 21 because he stayed working for me for a while after 22 that and I learned more what he was going through, 23 it wasn't his fault, it was my fault. 24 Q. What was the specific scam you 25 thought might have been a possibility? 48 1 Marhoumy 2 A. Yes -3 Q. What kind of scam was it? 4 A. A scam would be something like him 5 and Anthony got together and made me believe that, 6 that could have been a scam, but now I know better 7 because of my relationship afterwards. 8 Q. Sir, so the scam that you thought

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9 might be a possibility is that Mr. Damiano wanting 10 your 10 grand and Mr. -- got together with Mr. 11 Tiller to lie to you about alleged connections 12 with Bob Dylan to get you to invest the $10,000, 13 is that the scam -14 A. It would have been a good scam if it 15 was done that way, but they didn't want the money, 16 I didn't pay them any money, it was paid to the 17 record company. He wanted to record a record. 18 That is all he wanted is his song produced. 19 Q. The record company you didn't pay any 20 money to, Sony or CBS, the money you paid went to 21 the recording studio? 22 A. To the recording studio. 23 Q. My question to you, sir, is one of 24 the things that crossed your mind three or four 25 weeks after this meeting was that in order the get 49 1 Marhoumy 2 you to pay the 10 grand, Mr. Tiller and Mr. 3 Damiano may have lied to you about their alleged 4 connections with Bob Dylan to get you to pay the 5 10 grand, is that the scam that crossed your mind? 6 A. That is one of the thoughts that came 7 to my mind to justify what I did to myself. I 8 know it is not true.

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9 Q. You know it's not true. How do you 10 know it's not true? 11 A. I know it is not true because of my 12 continuous relationship with Jim. 13 Q. Sir, you have no do you, idea as you 14 sit here today, whether in fact Mr. Tiller has any 15 contact, or ever had any contact what so over with 16 Mr. Dylan, is that correct? 17 A. I don't know for sure. 18 Q. You have no way of knowing that one 19 way or the other, is that correct? 20 MR. KRAMER: Other than the fact 21 that Tiller told him? 22 A. Yes, that's what I was going to say. 23 Based on what he told me, he does. Now I don't 24 know if he really does or not, but based on his 25 words, he does. 50 1 Marhoumy 2 Q. But you know that the record went 3 nowhere? 4 A. I don't know that. 5 Q. Well, sir, you said you know that it 6 wasn't a scam? 7 A. I know it wasn't a scam. 3 Q. Sir, isn't it a fact that your wife 4 told you that the claims about having connections

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5 to Bob Dylan were a lie, isn't that one of the 6 things she told you? 7 A. I wouldn't put it that way. The 8 way -- I know my wife, she believed that he was 9 being lied to, Jim was being lied to. 10 Q. By whom? 11 A. By the people in Sony Records or CBS. 12 Q. Meaning that if people were allegedly 13 telling Mr. Damiano that they can get things to 14 Bob Dylan, that they were in fact lying to him? 15 A. Yes, that's what she believes. 1 Marhoumy 2 Q. Sir, I want to turn now to this 3 meeting that you said happened with Mr. Tiller. 4 Do you remember when that occurred? Your 5 statement says July of '87, is that about when it 6 happened? 7 A. Yeah, I think so. 8 Q. Why don't you tell us where that 9 meeting took place? 10 A. CBS building. 11 Q. Where was that located? 12 A. New York. 13 Q. Do you remember if it was uptown or 14 downtown? 15 A. I don't. I remember getting the CBS

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16 building on the building. 17 Q. Do you remember what the building 18 looked like? 19 A. I don't come to New York often. 20 Q. Was it a silver building or a black 21 building or a gold building? 22 A. I wouldn't guess. Ten years ago, I'm 23 not going to guess. I'm not familiar with the 24 city that much, but I know it was in the CBS 25 building. 54 1 Marhoumy 2 Q. And you and Mr. Damiano went 3 together? 4 A. Yes. 5 Q. Was anyone else present? 6 A. No. 7 Q. Before going to the meeting, what, if 8 anything, did Mr. Damiano tell you was going to 9 happen at this meeting? 10 A. All the meeting was about is meeting 11 Anthony Tiller to talk about Jim's lyrics. 12 Q. Well, sir, you testified earlier that 13 you were going to meet with Mr. Tiller because you 14 didn't believe Mr. Damiano and you wouldn't invest 15 $10,000 without having more information, is that 16 correct?

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17 A. Yes. I wanted to hear from somebody 18 in that company that Jim's lyrics are being given 19 to somebody important like Bob Dylan. 20 Q. Okay, and what happened when you 21 arrived at the CBS building with Mr. Damiano? 22 A. Okay, now this is ten years ago, but 23 I remember waiting in the lobby for Anthony to 24 come out and we sat there for a while. Jim had 25 his lyrics books with him, one big thick book, and 55 1 Marhoumy 2 we were just sitting there for a while, then 3 Anthony came out. I remember him being in a suit, 4 good-looking like black gentleman, and we went to 5 his office and we just sat down, it was like a big 6 chair, one of these, looked like a recliner kind 7 of chair, but is was like a big chair I was 8 sitting in, and they were acting like they were 9 good friends. I mean talking, hugging, and 10 actually they read some of the lyrics. 11 He had his -- he had Jim's book on 12 his desk and he was reading through it, Jim was 13 pointing out certain lyrics to him, and they were 14 talking and talking and then we got into the 15 conversation about recording this My Cousin 16 Joann tape, and I just wanted to get some feedback

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17 from Anthony based on his position in this company 18 what he believes that, if anything, could happen 19 to this if we produce this, and the feedback I got 20 was absolutely yes, that we got into the Bob Dylan 21 situation, does he read, is he getting Jim 22 Damiano's lyrics, and I remember the answer, yes, 23 he has been reading his lyrics, and I even 24 remember recalling Anthony bringing up Bruce 25 Springsteen's name, and that was just like from 56 1 Marhoumy 2 nowhere, I never heard that before, but it just 3 came up that Jim's lyrics was also given to Bruce 4 Springsteen, which I know who that was, and I 5 remember leaving this meeting with a very good 6 feeling, okay, I was convinced by Anthony if I 7 produce this record, if I pay for it, that it 8 could end up being a very big hit. 9 Q. Okay, sir. And that is basically 10 what happened at the meeting? 11 A. That is basically it. I left there 12 with very good vibes. 13 Q. And if you could tell us what the 14 office looked like in a little more detail, were 15 there records on the wall, were there -16 A. There were records in the lobby, I 17 know that. There were a bunch of records in the

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18 lobby. I was only in that building that one time. 19 Again, this is ten years ago and I'm trying to 20 recall -21 Q. Sure. 22 A. -- everything here, which is very 23 hard to do now, but I remember the office being a 24 mess. I remember that. Okay, there was stuff all 25 over his desk, there was stuff on the floor next 57 1 Marhoumy 2 to his desk. I remember that. 3 Q. What kind of stuff, papers? 4 A. It was like, yes papers and like 5 folders and stuff like that all over the place. 6 Q. Do you remember seeing anything on 7 the folders or papers? 8 A. No. 9 Q. And Mr. Damiano told you that Mr. 10 Tiller was involved in A&R activities? 11 A. That is what I believed, that is what 12 I remember. 13 Q. And sir, how large was the office? 14 A. Not a big office. Not a big office. 15 I would say, you know, just a normal size office. 16 Q. Do you remember seeing Mr. Tiller's 17 name on the door?

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18 A. Yes. I think so. I think so. He 19 came out to the lobby and we followed him to his 20 office. 21 Q. Do you know whether Mr. Tiller 22 received any phone calls while you were in his 23 office? 24 A. I don't remember that. 25 Q. What time of day was this? 58 1 Marhoumy 2 A. It was at night. It was at night. 3 It was not in the daytime, it was at night because 4 we went out afterwards to right around the corner 5 to have a drink, and Anthony came with us. 6 Q. By night, you mean evening? 7 A. It was evening. Maybe 8, 9, I don't 8 remember. But it was nighttime. 9 Q. And how long did this meeting last? 10 A. Not long. We were there 20 minutes 11 to half an hour. 12 Q. During the 20 minutes to half hour 13 that you were there, did you see anyone come in to 14 Mr. Tiller's office and talk to him? 15 A. Not that I recall. 16 Q. Did you see whether Mr. Tiller had a 17 secretary? 18 A. I don't recall that either.

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19 Q. You testified that Mr. Tiller was a 20 tall black gentleman. 21 A. He -- I didn't say tall, but he was, 22 yes, I would say maybe 6 foot, something like 23 that. 24 Q. And distinctive features? 25 A. I know he -- no. No. He was like 59 1 Marhoumy 2 a -- trying to remember him. 3 Q. Sure. 4 A. I only met him that one time. I know 5 he was black. I know that. But he was 6 good-looking, like he was very groomed. 7 Q. Uh-huh. 8 A. I know that. He had a suit on. 9 Q. What kind of suit? 10 A. I don't remember. 11 Q. I mean -12 A. He had a suit. 13 Q. And how old was he, did he appear to 14 be to you? 15 A. He would appear to be either late 16 20's or early 30's. 17 Q. Do you remember his voice? 18 A. Not really.

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19 Q. Do you remember whether he was 20 balding, whether he had -21 A. No, no, he wasn't balding, he had 22 short hair. He was very groomed, nice, trim. 23 Q. And you testified that during this 24 meeting, Mr. Tiller told you that Bob Dylan had 25 been reading Mr. Damiano's lyrics? 60 1 Marhoumy 2 A. Yes. 3 Q. Did he tell you which lyrics he had 4 been reading? 5 A. No. 6 Q. Did he tell you that he had given 7 James Damiano's lyrics to Bob Dylan? 8 A. Yes. 9 Q. Did he tell you what his relationship 10 was with Bob Dylan? 11 A. No. I don't remember that. But I 12 remember him saying that Jim's lyrics are being 13 given to Bob Dylan. 14 Q. Did he say -15 A. His relationship with Bob Dylan, I 16 don't remember that. 17 Q. When we met with you, you made a 18 comment -19 MR. KRAMER: Are you telling him

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20 what he said or are you going to ask him a 21 question? 22 MR. SNYDER: I'll rephrase the 23 question. 24 Q. Do you recall telling us when we met 25 with you about a month ago that Mr. Tiller told 61 1 Marhoumy 2 you that James Damiano's songs were on Mr. Dylan's 3 coffee table? 4 A. Yes, it was something like that. 5 Q. And you understood Mr. Tiller to be 6 saying that he was the one who got the lyrics to 7 Mr. Dylan? 8 A. He is the one -- he gave me the 9 impression that he was getting the lyrics, getting 10 it routed to Dylan somehow. 11 Q. And, sir, during this meeting, sir, 12 you testified that Mr. Tiller said that he also 13 was giving Mr. Damiano's lyrics to Bruce 14 Springsteen? 15 A. What I remember about this part is 16 him bringing up Bruce Springsteen's name and it 17 was connected to Jim Damiano, his lyrics. Now 18 whether he said I'm giving it to Bruce Springsteen 19 or somehow it is getting to Bruce Springsteen, but

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20 it was connected to Jim's lyrics. 21 Q. Do you recall telling us when we met 22 last week that Tony Tiller told you that Bruce 23 Springsteen, like Mr. Dylan, had Mr. Damiano's 24 lyrics? 25 A. Say that again? 62 1 Marhoumy 2 Q. Do you recall when we met with you 3 last month that Tony tiller told you at this 4 meeting that Bruce Springstein, like Bob Dylan, 5 had James Damiano's Lyrics? 6 7 A. Like Bob Dylan, you mean both of 8 them? 9 Q. Yes. 10 A. I remember him saying that Jim 11 Damiano's lyrics were with Bruce Springsteen. 12 Whether he liked them or not, I don't know, but he 13 brought that up. Okay, that came from nowhere 14 because I never even heard Bruce Springsteen, not 15 even from Jim, I never heard that name before. 16 Q. Did Mr. Tiller tell you that Bob 17 Dylan liked Mr. Damiano's lyrics? 18 A. I don't remember that. I remember 19 him saying that he is reading it. He reads it, he 20 has the lyrics now, whether he likes them or not,

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21 I don't remember that. 22 MR. KRAMER: Hold on. Can I hear 23 you play that back. 24 (Record read) 25 MR. SNYDER: Are we on the record? 63 1 Marhoumy 2 MR. KRAMER: Yes. I just wanted 3 something read back. 4 Q. During this meeting was there any 5 discussion about money? 6 A. I may have brought that up. I may 7 have mentioned that I am going to pay for this. I 8 just wanted assurance from somebody that this is 9 the right thing to do. 10 Q. And at this time you understood that 11 Mr. Tiller was a big shot executive at the record 12 company? 13 A. That's what I recall. 14 Q. That is what you understand based on 15 what Mr. Damiano told you? 16 A. Based on what Jim told me and based 17 on the impression I received from Anthony Tiller. 18 Q. Did Mr. Tiller tell you that any 19 other rock superstar was reading Mr. Damiano's 20 lyrics in 1987?

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21 A. The only part I remember is Anthony 22 bringing up Bruce Springsteen's name, which that 23 is all. Now he was connected to Jim's lyrics 24 somehow. I don't recall the exact words. 64 1 Marhoumy 2 I'm going to have to probe that again because you 3 testified a moment ago that you recall Mr. Tiller 4 telling you that Bruce Springsteen also had Jim's 5 lyrics? 6 A. Yes. 7 Q. Is that correct? 8 A. Yes. 9 Q. Sir is there anything else that you 10 can recall with specificity that was said at this 11 meeting? 12 A. No, I couldn't comment on that. Not 13 specific words. I decide that the impression that 14 I got after this meeting is I was convinced that 15 Jim, his lyrics and whatever tape that we produce, 16 will end up in Bob Dylan's hands. I was convinced 17 of that. That is the only thing I can tell you 18 about that meeting. 21 Q. Sir, after that meeting you invested 22 $10,000 in this project? 23 A. That is what I recall. 24 Q. Okay. And did you write a check to

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25 Broccoli, studio Broccoli Rabe? 69 1 Marhoumy 2 A. Yes. 3 Q. And do you recall the amount of that 4 check? 5 A. That is the part where I said that is 6 what I recall, I'm not exactly sure the amount, 7 but I know I wrote a Platinum American Express 8 check because I just received them. 9 Q. Do you recall that in total you were 10 out about $10,000? 11 A. That is the number that keeps coming 12 to me. I'm not sure exactly to the penny what it 13 is, but that is approximate. 14 Q. Do you have a copy of that check? 15 A. No. 16 Q. And the name of the bank or financial 17 institution that issued the check was American 18 Express Platinum? 19 A. Platinum American Express, yes. 20 Q. Did you enter into a written contract 21 with the studio? 22 A. Yeah, there was a contract. 23 MR. SNYDER: I'm going to ask the 24 court reporter to mark as Defendants'

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25 Exhibit 28, what has been marked as Exhibit 70 1 Marhoumy 2 31 by Mr. Damiano in his production, and it 3 bears Bates stamped numbers 55 through and 4 including 63. 5 (Whereupon, document with Bates 6 stamp numbers 55 through 63 marked 7 Defendants' Exhibit 28 for identification, 8 as of this date.) 9 Q. Do you see that document, sir? 10 A. Yes. 11 Q. Does that look familiar to you? 12 A. Yeah. That is the contract. 13 Q. This is a copy of the contract 14 pursuant to which you invested in the demo tape, 15 correct? 16 A. Yes. 17 Q. And you will see, sir, that the 18 contract is between you and Broccoli Rabe 19 Entertainment Complex, Inc. Was Brian Draigo the 20 owner of that company, do you recall? 21 A. Yes. I remember that name. 22 Q. And I'm directing your attention now 23 to page 6, and you see, sir, there, Brian Draigo's 24 name and signature -25 A. Uh-huh.

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71 1 Marhoumy 2 Q. As president? Does that refresh your 3 recollection that Brian Draigo was the president of 4 Broccoli Rabe? 5 A. Yes. 6 Q. And there is an X above your name. 7 Did you actually sign this contract? 8 A. I believe I did. 9 Q. So this could be a conformed copy? 10 A. Yes. 11 Q. And this contract calls for you to 12 pay $4500 as the grand total in connection with 13 this recording project. Do you see that on page 14 1? 15 A. Yes. 16 Q. My question is, if you invested the 17 $10,000, where did the other 5500 go? 18 A. I remember that maybe that is why I 19 didn't sign this particular one. It was redone. 20 We also had to remix. There was -- I know 21 additional fees came back and it came to 10,000, 22 had to remix, we had to do something but it 23 started out at 4500, that is possibly why I didn't 24 sign that one because it was like a preliminary 25 thing and then as it went, because this went on

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72 1 Marhoumy 2 for a while, as it went I had to pay more and 3 more. 4 Q. Do you have a copy of any of the 5 additional subsequent contracts? 6 A. No. I don't even have that one. 7 Q. Do you have a safe, or something in 8 your home where you keep documents? 9 A. This is four addresses ago. I moved 10 three times after this house. 11 Q. Now, you never paid -- withdrawn. 12 Did you pay Mr. Damiano any money 13 directly in connection with this project? 14 A. No. 15 Q. And you of course, sir, didn't pay 16 Mr. Tiller anything in connection with this? 17 A. No, absolutely not. 18 Q. Or CBS Records? 19 A. No. 20 Q. All the monies that you invested went 21 to Broccoli Rabe Studios or Brian Draigo in 22 connection with Broccoli Rabe Studios, is that 23 correct? 24 A. That's right. 25 Q. Okay. 73

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1 Marhoumy 2 A. Let me add something to that. 3 Q. Sure. 4 A. At the time we had to record, Jim was 5 in financial strain and I did help him out. He 6 was short money and he was putting a lot of time 7 into this, and I remember helping him some out 8 giving him some cash here and there while we were 9 recording, but that was not much at all it was, a 10 few hundred dollars here and there and that was 11 it. 12 Q. And sir, did you participate in the 13 recording sessions? 14 A. I went maybe twice. 15 Q. Do you recall what songs he recorded? 16 You testified earlier, and I took some notes, 17 hopefully I still have it, that there were eight 18 songs on the tape and one song had no lyrics? 19 A. The one which is My Cousin Joann that 20 had no lyrics, but I'm approximating, about eight 21 songs on the tape. That I still have. If I go 22 through my tapes, I have a few of them. I 23 remember I have a Pain in my Heart because I used 24 to really like that song. I used to love that, I 25 used to listen to it every day. Pain in my Heart. 74

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Note: Please see music player above to hear "My Cousin JoAnn" & "Paint in my heart" 1 Marhoumy 2 I don't remember the rest of them. My Cousin 3 Joann, Pain in my Heart, that was a good song I 4 liked myself. There were about eight songs. 5 MR. SNYDER: I'm going to ask you to 6 produce that to us, and before we leave 7 I'll give you a Federal Express envelope, 8 if that's not inconvenient and you can send 9 all of the tapes you have that are Jim 10 Damiano tapes and we will make copies of 11 them, send them back to you and I'll make a 12 copy and give them to Mr. Kramer. 13 THE WITNESS: Okay. 14 Q. You know you have that somewhere in 15 your house? 16 A. Yeah, I'll find those. 17 Q. Do you recall the names of any other 18 songs, you mentioned Pain in my Heart, My Cousin 19 Joann the were recorded during that 1987 session? 20 A. It has been a long time. I haven't 21 listened to it in a few years, no. 22 Q. You were physically present at the 23 recording session several times? 24 A. Yes, I would approximate two times 25 that I was there looking through the glass Tony Tiller invited my wife and I to parties in the city in which there were other CBS people. Mikie some times

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came to Tony's parties as well: A copy to one of Tony's parties is displayed below. "For over thirty five years I ( James Damiano) wrote songs and lyrics. Many times lyrics would come to me when I was in the middle of working. I would however write the lyric down on a piece of paper put it in my pocket and then throw it in a box when I got home, with the intentions of when I had a little more time I would go into the box and work on a song. During discovery my attorney Steven M. Kramer called me and told me he was sending a courier to my home to pick up the boxes to my original materials and that he would copy them and produce them to the defendants in response to the Defendants document list. He told me when he was done that he would return them to me. Mr. Kramer also stated that there was a court order to do so. I asked him to fax me a copy of the order. After fumbling for words he said that there was none and that it was ordered from the bench. Then I asked him for a copy of the transcript which orders me to produce the materials and Mr. Kramer's response was that he didn't have a copy of the transcript. Kramer then stated that if I refused to give him the materials that the judge would dismiss the law suit, and that since the defendants had spent (at that time) three million dollars that the judge would probably incarcerate me. After stating that to me he then said "And you can tell the Judge what ever you want, just don't call me because I'm going to California and I'm not going to defend you when that happens" I only had about twenty minutes to decide what to do so I gave the courier approximately fifteen to twenty five boxes with about four hundred unfinished songs in each box. Bob Dylan's attorney Orin Snyder assembled the originals in one binder containing four hundred songs and returned those 400 songs to me. The other materials (The other fifteen to twenty five boxes) were never returned. I later found out that Steven M. Kramer had been an attorney for CBS / Sony Music who were also Defendants in the law suit. My attorney Robert Church has since requested to Bob Dylan's lead attorney Orin Snyder that the songs to be returned. Mr. Snyder has since not replied to Mr. Church's request. Should Dylan's family fifty years from now release those songs as the lost songs of Bob Dylan they would probably be worth in the hundreds of millions of dollars. Maybe even close to a half a billion. After I recorded the material at Broccoli Rabe studios everyone who heard the music thought that it should be on the radio. Also included on the tape was fast tempo recording of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) which was compared to Bob Dylan's released version of "Dignity" in the analysis. When nothing happened with the music I decided to move back to Charlotte. I discussed it with Tony ( Tiller) and I could see he was uncomfortable with the idea. I had stopped giving material to CBS. I was upset with the fact that CBS was not doing anything with the recorded materials I had just finished. I drove to Charlotte, found a home and bought it. Came back up New Jersey to prepare to move in a few months. Tony knew I was serious about moving when one day he called me and said to me that he had to tickets for a Bob Dylan concert a Jones Beach Theater in Long Island New York.. This conversation was on or about June 15th, 1988. He offered the tickets to me and said "Maybe you could bring some songs with you. I thought that was an interesting statement and as I was listening to Tony talk trying to keep focused on his words, his previous words kept ringing in my head "Maybe you could bring some songs with you."

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I was working long hours at the time and had to be at work the following morning. I asked Tony if he knew where Jones Beach was and he replied "no." I wasn't sure where Jones Beach was but I knew it was pretty far. I tried to calculate how long it would take me to drive to the concert, watch the concert, do what ever was going to happen after the concert then drive back home and get enough rest to be able to get up the following morning for work without being dead tired . I had no idea what day the concert was so I asked Tony. Tony told me July 1st however I couldn't see a calendar from where I was sitting. I remember thinking to myself I hope it's on a Saturday night because I could sleep late Sunday morning. Unfortunately it was a Friday night. When Tony replied "Oh wait a minute here it is, the day is a on the ticket, it's on a Friday night". I suddenly had to reply to his remark about Friday night and had to stopped thinking about the statement he made about bringing some songs. As the conversation progressed I was strongly staring to suspect that I was going to get to meet Dylan that night.. His words kept on ringing in my head "maybe you could bring some songs with you " and realized that his words were chosen very carefully. Tony was also being very evasive, nervous, talking a bit faster that his normal self. He knew I was excited about the statement he made to me but he didn't want to talk about it. I was in a dilemma. I couldn't talk about it yet I wanted to badly. I reiterated how tired I would be the next day hoping he would offer more information but he said nothing pertinent to the situation at hand. I took a different tact and said 'It's a long ride but if I'm going to get backstage to give Dylan the songs it'll be worth it. Tony said nothing and just listened. I asked him what was going to happen when I got there he said "I don't know>" I was trying to get an idea of what to expect so I said "Will I get to meet Dylan if I go?" Tony replied "Ummm" as if he was thinking. I waited a while for a response then said "Will I get back stage?" Tony replied "Do you want to try? I then realized that some thing had been arranged just by the way he was choosing his words. I could tell how uncomfortable he was with my questioning him. The conversation however continued on for a while when Tony told me to come to his office to pick up the tickets. I went to get the tickets from Tiller and then went back home Mr. Tiller then stated to me that I should bring my songs and to see if I could give them to Bob Dylan. I accepted the invitation and went to the concert.

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In a sworn deposition when questioned by Plaintiff's attorney Steven M. Kramer, Tony Tiller testified below: [Tiller deposition page 64 paragraph 6 through par. 15] By Steven M. Kramer - ...but if you could try to focus on my question, you will have every opportunity, I'm sure from your skilled counsel to bring out whatever you and he want to bring out. By Tony Tiller - I will try, but if I can just say one thing, that my relationship with Jim was a friend. Jim and I - - I considered Jim a very good friend. For my friends I do whatever I can. Tony Tiller deposition [page 54 para. 20 through page 55 paragraph 14] By Steven M. Kramer - Let's go back to the Jones Beach concert, if I may, to the time you offered the tickets to Mr. Damiano, before the concert actually took place.. During that point in time when you offered the tickets to him and before he actually went to the concert, did you ever say to him or suggest to him that maybe he should bring some of his songs with him? By Tony Tiller - No I did not. By Steven M. Kramer - Any - - all right. Do you deny saying that or is that you just don't recall one way or the other? By Tony Tiller - I deny suggesting to Jim that he bring songs along with him. I did, however, concur with him when he asked me , do you think I should bring my songs with me. I said sure why not, it can't hurt. Tony Tiller deposition at [page 41 paragraph 4 through paragraph22] By Steven M. Kramer - Did he tell you he went to the concert? By Tony Tiller - Yes he did. By Steven M. Kramer - Did he tell you that he went backstage?

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By Tony Tiller - Yes, he did. By Steven M. Kramer - Did he tell you of what his experience was when he went backstage? By Tony Tiller - Yes, he did, and I expressed some surprise that he even got backstage. By Steven M. Kramer - Wait. You may want to say something, Mr. Tiller, and you have learned counsel on the other side that will afford you that opportunity if you feel you need it, but I would appreciate it and this will go a lot quicker if you just restrict your answers to my questions, sir. If I could ask you to do that. By Steven M. Kramer- - Tell me why you expressed surprise to him, that he had gotten backstage at the Jones Beach July 1, 1988 concert. By Tony Tiller - Because from what I heard of backstage. I had never been backstage myself and I would not have any way of getting backstage. I was rather surprised that he, as he described it, could just, if you will waltz right backstage. July, 1st, 1988 On July 1st, 1988 my wife and I drove to the concert. Tony's instruction were to go to the back stage entrance after the concert. So when I got there I said to my wife let's find the entrance to the back stage so we know where to go after the show. After we found the entrance to back stage we found our seats. The concert was sold out. The Alarm was playing. We were the only two people in our row although there were not any other vacant seats anywhere else in the amphitheater. We watched the show. After the show we proceeded to the back stage entrance. There was a guard standing near the gate and the gate had a pad lock that was locked on it. I went up to the guard and to bring these songs to Dylan as I held up the package. The guard who I was no more than three and a half feet away from did not acknowledge one word I said and just stared at me. Pam (my wife) and I stood there wondering what was suppose to happen now. Tony's words kept on ringing in my head "Maybe you could bring some songs, go to the back stage entrance" We waited a while longer and started to see people walking down a long path coming from the backstage area. Pam started getting impatient and started saying to me "let's go this is crazy." I told her to wait. We waited a little while longer when she said it again "Let's go". I said "No let's wait." The guard heard Pam saying "let's go". A couple minutes later a tour bus started driving out from back stage. That was it for Pam and she adamantly stated "Come on let's go home. I looked at the guard and asked him "Is that Dylan's bus?" He then decided to talk and said "No it's the opening acts bus, the Alarm." A few minutes after the guard's statement about the bus It started to rain. Pam said "let's go home" I said "No" and Pam said "Well then at least let's go the umbrella in the car." I said "OK" and we started to walk toward the car. We took a couple steps and I looked back one last time and saw the guard unlock the gate to the back stage area.

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I put the envelope of songs under my jacket and said to Pam that the guard just unlocked the gate. Pam said "So what, I don't care, let's go, this is ridiculous." I said "No let's go back stage." She said "No" again. I turned around and started walking back toward the gate and Pam followed me." The guard obviously saw us walk through the gate. As we were walking down the path the guard who was now in his blazer with security lights on it was backing up very slowly watching us walk down the path to back stage. We saw another fence in the distance. When we approached it we saw that it was open. We walked through the second gate and saw a platform. I sat down and asked Pam to watch out for Dylan. I started going through the songs to be sure I had what I thought were the best on top of the pile. As I started going through them I stopped and said to Pam "Make sure you look out for Bob" A few minutes later a man came out from a door that led to back stage. Walked passed Pam came over to me looked down at my face. I stopped and looked up at his. He then walked back past Pam and back into the door he came out of. A few minutes later a group of people came out. I didn't even look up. I was almost positive it would take Dylan much longer to come out but I was wrong. I heard Pam say something. I was still going through the songs. I asked her what she said. She replied "There's Bob" I looked up and saw Dylan with his foot on the bottom step of the bus almost ready to get on. I stood up and froze staring Dylan in the eyes. I was a few feet from the back of the bus. Dylan was at the door to the bus. We were maybe thirty feet away from each other. I waited for him to make a move. He started walking toward me and I toward him. All the people who came out of the door with Dylan were now gathered around us and watching this take place. When I was within arms reach I held out the envelope of songs to him and tried to say "Tony Tiller told me to bring you these songs " However the only words I had time to say were "Tony Tiller." No sooner than me saying to Dylan "Tony Tiller", did the big man who initially came out from the back stage door, swing his hand down and said "hold it.' I looked up at him. He asked me," Who told you to bring these songs" but before I could answer, this same man pointed at a man to my left, and said "Give them to him". Ironically, no sooner did the man say "Give them to him" did the man to my left grab the envelope and rudely started pulling on it. I looked him square in the eyes and wouldn't let go. We both pulled for a couple seconds when the man stopped pulling and politely said "I'm sorry who told you to bring these songs. I replied "Tony Tiller at CBS Records." and let go. I immediately looked back at Dylan. Dylan nodded to me, turned around and walked back to the bus everyone else followed. The door shut and the bus drove away. Produced in this litigation were copies of the ticket stubs to the Bob Dylan Jones Beach concert. Pamela Damiano testified to under oath in a video tape deposition. Questions asked by Orin Snyder (Bob Dylan's attorney). Pamela Damiano - Deposition - Pages 80 -82 23 Q. Now I have some documents that I 24 would like to show you. Before I show you the 25 documents, why don't you tell us what happened

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80 1 P. Damiano 2 after the concert, as best as you can recall, on 3 July 1, 1988? 4 A. Right. 5 Q. At Jones Beach? 6 A. Right, okay, we -- the concert 7 finished. We walked outside. We walked over 8 towards a, what seemed like a gate over to the 9 side. The gate was locked. It was raining. 10 Started raining. There was a guard that came up 11 to the gate, and after that it seemed like the 12 gate had been unlocked. We walked through this 13 gate, walked down a long -- seemed like a long 14 roadway that led around to the back of the stage 15 area. When we walked back there, we were the only 16 two back there. There was a platform, like a 17 wooden platform that we sat down on and Jim 18 started to go through his various lyric pages 19 putting the best ones he felt on top, and I stood 20 there, I stood up. 21 And at that point, someone, a man 22 walked out of the back door, looked at us, looked 23 at Jim, looked at I, and then he turned around and 24 walked back in this back door, and then the door 25 opened again and a group of people walked out the 81

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1 P. Damiano 2 back door, and as they started to walk, I looked 3 up and I recognized a person, Bob Dylan, and I 4 said to Jim, "There he is, there's Bob." And at 5 that time, he was up to about the first step to 6 the bus, the tour bus that they were walking to, 7 and he stopped before he got onto the bus and took 8 a step onto the bottom step, looked back at us. 9 And by that time Jim had stood up, 10 started to walk over towards him. Mr. Dylan 11 started to walk back, and another person walked in 12 between the two of them and put down his hand, his 13 arm, and then it seemed like, I couldn't hear 14 exactly what was being said, but it seemed like 15 someone said, you know, what are you doing here or 16 what is this, and Jim handed the book, started to 17 hand the book to him, and then someone else came 18 over and took the lyric, whether it was a book or 19 an envelope with the lyrics in it, took this 20 package and walked towards the bus along with the 21 other people, and they all got onto the bus. The 22 door closed and the bus drove away. Orin Snyder - Backstage on July 1st? Pamela - Yes Orin Snyder - You testified that you freely walked backstage, is that correct? Pamela - Correct

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1.

Orin Snyder - No one stopped you? Pamela - No one stopped us no. Click here to review documents produced to Orin Snyder of Parcher Hayes & Snyder during discovery. Through discovery a few months after the Jones Beach concert Bob Dylan went to Atlanta Georgia to record "Dignity" which was the hit song off the C.D. On August 5th 1988 I recieved an unsigned typed letter from Bob Dylan's office displayed below

The envelope which contained the letter is displayed below

The Musical comparative Analysis of "Dignity" was prepared By Doctor Greene who graduated from Harvard University (Magna Cum Laude). The musical score below is a comparative analysis of the melody line of a song released by Bob Dylan titled "Dignity" and a song written by James Damiano also titled "Dignity".

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Bob Dylan's copyright registration for "Dignity" was dated December of 1991. James Damiano's copyright registration for "Dignity" was 1982 and 1988, nine and three years before Bob Dylan copyrighted "Dignity". This analysis was prepared by Doctor Greene who graduated Magna Cum Laude from Harvard University. Doctor Greene's analysis was corroborated by a professor of music at Julliard School of Music, Sebastian Courier and also by Jon Bon Jovi's piano teacher Harold Frazee. Bob Dylan offered no credible rebuttal to this analysis. For the purpose of comparison the notes have been changed to numbers In this analysis Doctor Greene explains that the notes (2) & (3) are just accompaniments of (1) when the note (2) or (3) precedes the note (1). So it would make no difference if Dylan used a (2) note or a (3) note, theoretically the (2) note or (3) note in reference to this melody line can be considered the same note. Also given that it would have been basically simple for Bob Dylan to leave one note out of the melody line one can consider that fifteen out of fifteen notes in this melody line are in consecutive order. The limit a person can legally copy is six notes. Seven notes legally constitutes infringement. Professor Doctor Boris of Morris County College calculated the odds to be over a trillion to one that James Damiano and Bob Dylan wrote this same melody line independently of one another. Doctor Boris also opined that these odds are the same odds as hitting the New Jersey million dollar lottery a million times consecutively. Judge Jerome B. Simandle wrote in his opinion of December 1996, "To the ear of this court, there is no substantial similarity in the structure, instrumentation or melody of the two songs." Judge Simandle has no formal education in music theory. Doctor Green who not only has a doctorate in music theory but graduated Magna Cum Laude from Harvard University. Click on the text below to review a diaghram of the musical notes written by Doctor Greene. "Dignity" was nominated for a Grammy. "Dignity" was also the only newly written original song released by Bob Dylan in a span of seven years from 1990 to 1997. All other songs released by Bob Dylan in that seven-year span were traditional folk songs and songs taken from songs in the public domain. In a New York Times interview with Bob Dylan the article read "Long time fans fretted that Dylan was not releasing new material in concert" When asked why he had not released a new song in seven years Dylan responded: "I don't like to introduce new material into the media because of the bootleg situation". Insinuating someone might steal his song. I believe no credits to the authors of the songs Dylan recorded on his CD's between 1990 and 1997 were listed on his CD or CD cover. Nor was there any reference to the author�s name. It is doubtful Dylan paid any royalties to the families of the deceased or living authors of those songs. "To the ear of this court, there is no substantial similarity in the structure, instrumentation or melody of the two songs. Dr. Green faxed the following letter to Plaintiff referring To Plaintiff�s 1982 copyright registration: Two months after the Jones Beach concert Tony Tiller called me and asked me if I had any more songs that I could give Dylan. I told him that I had some songs that were not as of yet typed up but that I could copy some of them real fast by hand if I had to. Tony then told me that Dylan was playing at Waterloo Village in Byram, New Jersey and that if I wanted to go to the concert that he would get me tickets. I told him that I would go since it was so close to where I was living. After asking me how many tickets I wanted Tony told me that he would call me back to let me know where to pick up the tickets. I called a friend of mine Brad Wright and asked him if he wanted to go. He told me that he was going to go anyway and that he had tickets for he and his girlfriend Sandy. Brad told me that he would drive over to my apartment, and we would all go together. When Brad and Sandy arrived I was on the phone with Tony. Tony told me to go to the will call window where there would be four complimentary tickets.

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Brad, Sandy, Pam, and I drove to the concert and picked up the tickets. The seats were seven rows back on the center isle. After the concert we followed Tony Tillers instructions to go backstage. The following transcript is what Brad Wright testified to in his deposition and under oath. Deposed by Orin Snyder, Bob Dylan's attorney Brad testified the following: August 5th, 1988 I received a letter from Bob Dylan's publisher stating: We are sorry to inform you that we are no longer accepting songs for review. Enclosed please find the return of your material. Sincerely, Bob Dylan office. Produced in this litigation was a copy of the letter and the envelope, which enclosed the letter. A copy of the envelope, which enclosed the letter, is displayed below. Plaintiff has learned through discovery that this letter came from Jeff Rosen's office. Jeff Rosen is Bob Dylan's publisher. August 5th, 1988 I also received on the same day August 5th, 1988 a letter from CBS Associated Labels a letter stating Dear Damiano: Thanks for sending me the enclosed. I've listened to a number of times and my decision is to pass. I just don't feel it's right for us at this time. May I wish you every success and thanks for thinking of us. Sincerely L___P___S____ A copy of this letter is displayed below: Two months after the Jones Beach concert Tony Tiller called me and asked me if I had any more songs that I could give Dylan. I told him that I had some songs that were not as of yet typed up but that I could copy some of them real fast by hand if I had to. Tony then told me that Dylan was playing at Waterloo Village in Byram, New Jersey and that if I wanted to go to the concert that he would get me tickets. I told him that I would go since it was so close to where I was living. After asking me how many tickets I wanted he told me that he would call me back to let me know where to pick up the tickets. I called a friend of mine Brad Wright and asked him if he wanted to go. He told me that he was going to go anyway and that he had tickets for he and his girlfriend Sandy. Brad told me that he would drive over to my apartment, and we would all go together. When Brad and Sandy arrived I was on the phone with Tony. Tony told me to go to the will call window to pick up the tickets, there were four complimentary tickets. Brad, Sandy, Pam, and I drove to the concert and picked up the tickets. The seats were seven rows back . My seat was row G seven rows back from the stage center isle. After the concert we followed Tony Tillers instructions to go backstage. The guards saw us approaching, they moved to the side and let us walk right on through to the back stage area. Brad had an envelope of my songs in his hand. We walked down a path to Dylan's bus. Brad knocked on the door and a man came off the bus and introduces himself as Mike Reed. Brad and I shook his hand. After the handshakes Mike looked down at the envelope and asked Brad "Are those for me?". Brad answered "yes" and started to hand Mike the songs. But before Mike could grab them I took the songs out of Brad's hand. Mike suddenly looked at me. with a confused expression. I then asked Mike "Why doesn't Dylan come down and get the songs?" Mike thought for a moment and replied

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"Bob already left" I then asked mike "why should I give you the songs?" and He didn't know how to answer me, or what to say. I was trying to decide whether I should leave the songs with him, when Brad asked Mike if Dylan would give him his autograph. Mike replied that Dylan does not give autographs. As Mike and Brad were talking I was trying to decide what to do so I opened the book of lyrics to a page that read: Doesn't seem like a man Who would beat you but I guess you never know People do whatever it takes To get what they want So quick to put on a show And there's a reason for Everything in this world Hit me high or hit me low Might seem like a cynical Attitude but someday You'll reap what you sow And I never met a man who Could afford to be honest Have to have Those essential luxuries Faith is your reason Belief your purpose Don't tell me you didn't know
Damiano / copyright

After Mike Reed read the songs we talked for a little longer. When the conversation between Mike, Brad and me ended Mike entered the bus with the envelope in his hand. {Mike Reed was never deposed in this litigation} [Ticket stubs to this concert have been produced in this litigation .] The following transcript is what Brad Wright testified to in his deposition and under oath. Please note: All

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depositions besides Plaintiff's are video taped: Deposed by Orin Snyder, Bob Dylan's attorney part of what Brad testified to under oath is transcribed below. Page's 105 through 110. 6 Q. Did you attend a Bob Dylan concert in 7 Waterloo Village -- at Waterloo Village in Byram, 8 New Jersey? 9 A. Yes. 10 Q. In September of 1988? 11 A. Yes. 12 Q. Is that September 10, 1988? 13 A. I would have to look at the ticket 14 stub. 15 Q. Sound about right? 16 A. It sounds about right. 17 Q. Okay. That is what you said in your 18 statement, that is the date you give? 19 A. Okay. I'm not sure, plus or minus 20 somewhat. 21 Q. Did anyone else attend that concert 22 with you? 23 A. Yes. 24 Q. Who was that? 25 A. Pam Damiano and Sandy Miller. 75 1 Wright 2 Q. At the time was Sandy Miller your 3 girlfriend?

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25 Q. So you met -- Sandy and you had the 82 1 Wright 2 tickets before the concert, correct? Waterloo we 3 are talking about. 4 A. We had our two tickets. 5 Q. And what, if anything, happened with 6 regard to Mr. Damiano before this concert? 7 A. He was on the phone with somebody, I 8 could only hear and I don't remember his 9 conversation, but it was -- but he was talking 10 about the tickets and there will be tickets, he 11 were trying to get four tickets for the show. 12 Q. Let's back up, 13 A. For the Waterloo show. 14 Q. Let's back up. 15 A. Sure. 16 Q. Did there come a time when Mr. 17 Damiano called you about the Waterloo concert? 18 A. I'm not sure who called whom. 19 Q. At some point you and he started 20 talking about the Waterloo concert? 21 A. Yes. 22 Q. What happened next with regard to you 23 and he going to the Waterloo concert together? 24 A. Well, I think I was already planning 25 on going because I had my tickets already when I

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83 1 Wright 2 got to Jimmy's house, I know I had my tickets 3 already, so -4 Q. So there came a time when you went to 5 Mr. Damiano's show? 6 A. Before the show. He was planning on 7 going too. 8 Q. Was that on the day of the show? 9 A. Yes. 10 Q. And you went to his house for the 11 purpose of going to the show together? 12 A. Yes. 13 Q. At the time he was trying to get four 14 tickets to the show? 15 A. Yes. 16 Q. You already had two tickets? 17 A. Right. 18 Q. And he was going to get four to give 19 you two on the theory that maybe he could get 20 better tickets? 21 A. That may have been his thinking at 22 the time. 23 Q. What happened next? 24 A. Well, when we got to the show, he 25 went to the window and there were four tickets

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84 1 Wright 2 they�re for him. 3 Q. Did you and Sandy and Pam and Mr. 4 Damiano go to the concert? 5 A. We walked in, yes, we did go to the 6 concert. I didn't know how good his seats were, 7 so me and Sandy kept the tickets that we 8 originally had, which I -- I wish I didn't do that 9 because his seats were much better. 10 Q. Because you could have scalped them 11 and taken his? 12 A. I could have scalped mine, but 13 instead I did opposite, get some money for Pam. 14 But they were not going to sell them. I said,,p. 15 "Pam, why don't I try to sell these for you," and,p. 16 she liked the idea, and so I went back to the line, 17 and I sold them for face value and -- I didn't 18 scalp them. Face value and I gave the money to 19 Pam. 20 Q. You sold your two tickets that you 21 had previously bought? 22 A. No. I wish I did that. I sold two 23 of the tickets that he received at the window. 24 Q. I see, and you sat in your seats? 25 A. Yes. 85 1 Wright

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2 Q. And they sat in their seats? 3 A. Yes. 4 Q. Where were your seats? 5 A. Way off to the left of the stage. 6 Very corner left, and it was maybe a dozen rows 7 back or something. 8 Q. On the floor? 9 A. Yes. It is under the tent. 10 Q. And how did it come that you scalped 11 they�re two as opposed to your two? 12 A. Well, I think I said I wasn't sure 13 how good his seats were. I don't know what I was 14 thinking at the time, whether I got my tickets 15 earlier and maybe they were better, but I sold 16 there two tickets. I wish I didn't because they 17 had much nicer seats. 18 Q. Do you remember how much you got for 19 the two tickets? 20 A. No. It was face value. Whatever it 21 was. I don't know. 22 Q. Okay. As you were selling the 23 tickets for face value -24 A. Because they had them at the box 25 office. They were not sold out. 86 1 Wright 2 Q. Sure, I understand. As you were

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3 selling the tickets, you then watched the concert 4 from your seats? 5 A. Yes. 6 Q. Off on the side and Mr. Damiano and 7 Mrs. Damiano sat -8 A. With the other two people, the couple 9 that I sold the tickets to. They said, "Excellent 10 seats, thanks." 11 Q. What, if anything, did Mr. Damiano 12 tell you about where he got the four seats on the 13 night in question? 14 A. Okay. 15 Q. And when I say on the night in 16 question, I'm asking you to tell us whether you 17 remember if he said anything to you about where he 18 got the tickets on the night in question as 19 opposed to some other time? 20 A. I remember him being on the phone in 21 the kitchen about 15, 20 minutes talking to some 22 guy about the tickets, and I only know he said the 23 guy's name, Anthony Tiller, but he didn't -- I 24 mean that's all I know. 25 Q. Okay. And do you remember where Mr. 87 1 Wright 2 Damiano's seats were?

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3 A. They were I would say pretty much on 4 center, maybe six rows back, maybe more, maybe 5 less. They were nice seats. 6 Q. And was the theater full that 7 evening? 8 A. It was pretty full. It was a tent. 9 The tent was full. 10 Q. Do you remember what the weather was? 11 A. I know we were under the tent. So if 12 it was raining, it wasn't -- we were not affected 13 by it. If it was raining. I have been to shows, 14 I tried to think of this before, I have been to 15 shows there where it has been raining, but I don't 16 know if it was this one or not. It could have 17 been raining. 18 Q. Now prior to concert, what, if 19 anything, did Mr. Damiano tell you about why he 20 was going to the concert? 21 A. We had a book of songs that Jimmy 22 composed and we were going to give them to Bob. I 23 was going to meet Bob. 24 Q. You were going to meet Bob? 25 A. Yes. I was hoping to. 88 1 Wright 2 Q. And why don't you tell us about what 3 caused you to hope that you were going to meet Bob 4 that night?

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5 A. Well, when I sold the tickets at the 6 window, I was pretty sure I was going to meet Bob 7 that night. 8 Q. Why is that? 9 A. Because he was -- he got -- he said 10 we were going to. 11 Q. Mr. Damiano told you he was going to 12 meet Bob? 13 A. We are going to give songs to Bob, 14 yes. 15 Q. Did he tell you, sir, that he had a 16 date with Mr. Dylan? 17 A. No, no, I still believe it when I see 18 it, I had that kind of an attitude. 19 Q. My question is what did Mr. Damiano 20 tell you about what was going to happen? 21 A. Well, we had a manila yellow envelope 22 with songs in it and a demo tape of Another 23 Justification and we were going to give that to 24 Bob. 25 Q. My question to you, sir, is, what did 89 1 Wright 2 Mr. Damiano tell you about what was going to 3 happen after the concert, before the concert 4 ended?

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5 A. That was the whole plan, that we were 6 going to meet with Bob and give him the songs and 7 see what he thinks. 8 Q. This was something he told you was 9 going to happen as opposed to something that he 10 hoped would happen? 11 A. Yes, I don't know which, I kind of 12 hoped and he thought it was more than hope. You 13 know, more. 14 Q. Did he tell you why he believed that 15 he was going to meet Mr. Dylan after the concert 16 at Waterloo Village on September 10, 1988? 17 MR. KRAMER: Objection to the form 18 of the question. 19 A. Why did he believe -- no, I got the 20 impression somehow but I'm not sure. 21 Q. Well, sir, did he tell you he and Mr. 22 Dylan had spoken on the telephone and arranged to 23 meet backstage after the concert? 24 A. Not him and Dylan, no. 25 Q. Did he tell you that Mr. Dylan sent 90 1 Wright 2 him a letter beforehand arranging to meet him 3 backstage after the concert? 4 A. No. 5 Q. Did he tell you that Mr. Dylan's

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6 manager and he had spoken and arranged for Mr. 7 Damiano to meet Mr. Dylan backstage after the 8 concert? 9 A. Not exactly in those words, but if 10 Anthony Tiller is his manager, that -- I don't 11 know. 12 Q. What -13 MR. KRAMER: Keep your voice up. 14 Q. What impression, sir, did you have 15 before you went backstage about what was going to 16 happen? 17 A. I was under the impression that we 18 were going to meet -- that we were going to 19 finally -- I was finally going to meet with Bob 20 Dylan. 21 MR. KRAMER: Try to keep it at that 22 level. 23 THE WITNESS: Sorry. 24 MR. KRAMER: That's okay. 25 Q. Sir, what did Mr. Damiano tell you, 91 1 Wright 2 as best you can remember, that led you to believe 3 that you were finally going to meet Bob Dylan 4 backstage at Waterloo on September 10, 1988? Not 5 the exact words but what in substance did he tell

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6 you? 7 A. It wasn't so much what he told me. 8 It was when we got there and the tickets -- we got 9 the four tickets at the window and I was under the 10 impression Jimmy was on the level with me. I 11 didn't know if all he was saying was true or not. 12 Q. On the level about what? 13 A. About that we are going to meet with 14 Bob. 15 Q. And you said all that he was saying. 16 What was he saying about what would happen 17 backstage? 18 A. Well, just all the stuff that -- oh 19 boy. All the stuff that he would say I would just 20 take as anybody saying, rambling on, and when I 21 listened to him and I never really totally 22 believed it. 23 Q. What was -- sir, what I'm trying to 24 establish is what it is that he was saying when he 25 was rambling on. 92 1 Wright 2 A. That we were going to meet with Bob. 3 In no time we are going to sit down and he is 4 going to sit down and write with him. 5 Q. Fine. And did he tell you how he 6 came to believe that?

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7 A. Not so much telling, but if he told 8 me anything, I was under the impression that he 9 was working with people that were very close to 10 Bob. 11 Q. Did Mr. Damiano tell you, in 12 substance, that he was working with people very 13 close to Bob which would enable him after this 14 concert to sit down with Bob Dylan? 15 A. I certainly got that impression. 16 Whether he told me or how I got the impression, 17 I'm not sure. I can't remember. 18 Q. You got that impression from words 19 that you had with Mr. Damiano? 20 A. Yes. I can't remember exactly how. 21 Q. Do you remember whether he told you 22 what position Mr. Tiller had? 23 A. No. 24 Q. Did you believe before going 25 backstage that Mr. Tiller was someone who was, as 93 1 Wright 2 you said, close to Bob Dylan? 3 A. At the time I didn't believe 4 anything. Unless I see it myself. 5 Q. I understand. My question was a bad 6 one. Did Mr. Damiano tell you, in substance, that

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7 Mr. Tiller was close to Bob Dylan? 8 A. Yes. 9 Q. Do you remember what he said about 10 that subject? 11 A. No. I know they talked on the phone. 12 I remember he mentioned Anthony Tiller a number of 13 times to me. 14 Q. And when he mentioned Anthony Tiller 15 a number of times to you, was that at about the 16 same time, 1988? 17 A. Yes. 18 Q. What did he say when he mentioned 19 Anthony Tiller? 20 A. Oh boy, just he was working with him 21 and he is giving Anthony his music, giving music 22 that he wrote to Tiller and hoped it would get him 23 somewhere. 24 Q. Did Mr. Damiano tell you in substance 25 that Tony Tiller had arranged for him to go 94 1 Wright 2 backstage after Waterloo to meet with Bob Dylan? 3 A. Yes. 4 Q. You said you were carrying a manila 5 yellow envelope which contained written lyrics 6 plus a demo tape of Another Justification? 7 A. Yes.

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8 Q. Do you remember which lyrics were 9 contained on the pieces of paper in the envelope? 10 A. No. 11 Q. How many songs were in the envelope? 12 A. I would say (indicating) a stack 13 about a quarter-inch thick. 14 Q. Were any of them titled, sir, or were 15 these the poems that were untitled? 16 A. I can't remember for sure. 17 MR. KRAMER: Objection to the form 18 of the question. 19 Q. Who was carrying the manila envelope 20 during the concert? 21 A. During the concert he was carrying 22 it. 23 Q. And what, if anything, did he tell 24 you about what was in the envelope? 25 A. I knew what was in the envelope. 95 1 Wright 2 Q. How did you know that? 3 A. I knew that they were songs 4 beforehand. That is why we brang them. 5 Q. What, if anything -6 MR. SNYDER: Withdrawn. 7 Q. Did Mr. Damiano tell you before this

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8 concert that he had already met with Mr. Dylan? 9 A. I believed there was a time, I 10 believe it was before but I'm not absolutely sure. 11 Q. Well, sir, did you believe that when 12 you were going to meet Bob Dylan after the 13 concert, that Mr. Damiano and Mr. Dylan already 14 had a relationship of some sort? 15 A. Did I believe it? 16 Q. Well, was that something that Mr. 17 Damiano said to you. 18 A. Yes, he said it, but did I believe 19 it? No. 20 Q. What did he say to you about a 21 preexisting relationship between Mr. Dylan and Mr. 22 Damiano? 23 A. Not that there was much of a 24 relationship, if any, but he wanted -- his goal 25 was to sit down and write with Bob. 96 1 Wright 2 Q. My question is, what, if anything, 3 did Mr. Damiano tell you at this concert about 4 whether he and Mr. Dylan had already sat down 5 together? 6 A. Yes, that's right, I remember Pam 7 even telling me the night before, the night of the 8 show before we went, she was telling me something

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9 about meeting with Bob, so yes, it was that they 10 had met before the show so they did talk about it, 11 that they met before. 12 MR. SNYDER: Let's take a half an 13 hour. 14 THE VIDEOGRAPHER: We are off the 15 record. The time is 12:40. 16 (Lunch recess: 12:40 p.m.) 97 1 Wright 2 Afternoon Session 3 1:22 p.m. 4 B R A D L E Y C H A R L E S W R I G H T, 5 previously sworn, resumed:

6 THE VIDEOGRAPHER: Back on the 7 record. Tape number 2. The time is 1:22. 8 We are on the record. 9 BY MR. SNYDER: 10 Q. Sir, before lunch we were talking 11 about Waterloo and the events that allegedly 12 occurred there. 23 Q. You were talking about the manila 24 envelope and you testified that contained in the 25 manila envelope you were holding at Waterloo was a 98

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1 Wright 2 demo of Another Justification and about a 3 quarter-inch thick worth of lyrics? 4 A. Yes. 5 Q. Do you as you sit here today know 6 what a single lyric was in that manila folder? 7 A. Not a one. 8 Q. Do you know whether in fact there was 9 anything printed on the documents? 10 A. Yes, I saw them, yes. 11 Q. You saw printed words on a page? 12 A. Printed words on a page. 13 Q. But you have absolutely no idea what 14 those words are? 15 A. Correct. 16 MR. KRAMER: You don't mean printed, 17 I assume, printed as in -18 THE WITNESS: Typed. 19 MR. KRAMER: Or do you -20 A. They were typed. 21 Q. Typed or handwritten? 22 A. They were typed. 23 Q. And the songs that were on Another 24 Justification were what? 25 A. I can remember My Cousin Joanne, and 99 1 Wright

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2 Bury Me in New York City, and if you were to go 3 over some, I would remember if you would say the 4 names, maybe I would remember. 5 Q. And, sir, you were -- the tape that 6 you have at home, Another Justification, that you 7 are going to send to us for copying is a copy of 8 the same tape that you had with you that night? 9 A. Yes. 10 Q. Okay. What happened at the end of 11 the concert? 12 A. Well, walked back to where Jim was 13 sitting, and me and Sandy met with Jimmy and Pam 14 and the guy, the couple that I sold the tickets to 15 that were sitting next to Jimmy and Pam, and he 16 said, "Thank you, excellent seats," and I said 17 "Yes, great." 18 Q. Too bad you didn't enjoy them. 19 A. So we walked backstage with the 20 envelope and then at this time I took the 21 envelope. And we walked, I say backstage, it's 22 all outside, so we walked behind the curtains to 23 the left of the stage facing it and we walked by 24 two bodyguards, big guys, and they just parted and 25 they just made way for us as we walked up to the 100 1 Wright

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2 bus. Maybe the bus was like in back. 3 Q. And sir, you didn't actually go on 4 stage, you are saying you went to the left around 5 the stage? 6 A. Yes. It is all outside so the only 7 stage is the stage where they perform on and 8 everything else is pretty much outside. 9 Q. How many security guards did you see? 10 A. I saw two. 11 Q. And you said they parted? 12 A. They let us go. We didn't actually 13 walk between them but we walked right by. They 14 didn't question us or anything. But they did see 15 us. 16 Q. And who went backstage, you, Pamela 17 Damiano? 18 A. Me, Pam, Jim and Sandy. 19 Q. And -20 A. We walked back past the guards and up 21 to the bus, but the girls didn't follow us right 22 up to the bus. 23 Q. Other than you four, were other 24 people going backstage? 25 A. No. 101 1 Wright 2 Q. Did you see whether other people

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3 attempted to go backstage? 4 A. I didn't see whether they attempted 5 or not. 6 Q. When you were backstage, what did you 7 see? 8 A. There was a bus. 9 Q. Can you describe the bus? 10 A. It was big. It was big like a 11 charter type. 12 Q. Just one bus? 13 A. Just one bus. 14 Q. Any trucks? 15 A. There were trucks. 16 Q. Any other people backstage? 17 A. Not that I recall. 18 Q. Just you four and the bus? 19 A. Yes, that were -- backstage, yes, 20 behind the stage, yes. Right up next to the bus, 21 me and Jim were the ones that walked up to the 22 bus. 23 Q. But when you were backstage in that 24 area, you didn't see any technicians or -25 A. If there were, they were off in the 102 1 Wright 2 distance and I wasn't paying attention. It was a

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3 handful of people if there was. 4 Q. Were there people backstage beyond 5 you four or not that you saw? 6 A. I didn't recognize -- I mean I 7 remember the two guards I do remember. 8 Q. What did they look like? 9 A. They were big guys, both white and -10 that is about all I can tell you. Big strapping 11 looking dudes. 12 Q. Did any one of your group of four 13 have any words or verbal exchange with the guards? 14 A. Not that I'm aware of. 15 Q. And at what point did you take 16 possession of this manila folder? 17 A. Right before we started to walk 18 backstage. 19 Q. Why did you take possession of it? 20 A. I'm not sure. 21 Q. Did Jim ask you to? 22 A. I'm not sure exactly how I came to 23 hold the songs. 24 Q. Was it something that you wanted to 25 be doing at that time? 103 1 Wright 2 A. I didn't think of it one way or the 3 other.

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4 Q. Well, was there a specific reason 5 that you came to hold them as opposed to Jim? 6 A. I think Jim was nervous, very nervous 7 at the time, and I believe he gave them to me to 8 hold. 9 Q. Did he tell you he was nervous? 10 A. No. No, but -- no. He didn't tell 11 me that. 12 Q. Did you perceive him to be acting in 13 a nervous manner? 14 A. Yes. But then again, I often get 15 that impression from Jim. 16 Q. What was he doing that made him 17 appear nervous to you? 18 A. Just seems like his nature. Maybe it 19 is me, I'm so calm, I don't know. 20 Q. What do you mean by that? 21 A. I don't know. I don't know, I guess 22 if you met Jim, you should know what I'm talking 23 about. 24 Q. Okay. So, you got backstage and it 25 is you four and you saw this bus? 104 1 Wright 2 A. Saw the bus. 3 Q. What happened next?

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4 A. Me and Jim walked up to the bus, 5 knocked on it. Now the girls, they stayed behind. 6 They were maybe 20 yards away, maybe 20 yards, 7 maybe 30, and they were just talking to 8 themselves, and me and Jim knocked on the bus, one 9 of us knocked on the bus, I'm not sure. 10 Q. And did you have any discussion about 11 knocking on the bus? 12 A. No. No. I just can't remember who 13 knocked on the bus. 14 Q. Do you remember why one of you were 15 knocking on the bus? 16 A. We were sure Bob was on the bus, and 17 Bob was only off the stage now 15 minutes and we 18 were sure that Bob was going to come down and we 19 were going to meet with Bob and give him the 20 songs. 21 Q. And what happened next? 22 A. And then the other guy, the driver 23 got off the bus. 24 Q. How did you know he was the driver? 25 A. He told us. 105 1 Wright 2 Q. He told you he was the driver? 3 A. Yes. 4 Q. Of the bus?

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5 A. Yes. 6 Q. Why don't you tell us exactly what 7 happened after you knocked on the door. 8 A. He came off the bus -9 Q. He came off -10 MR. KRAMER: Can we now just hear 11 his answer. 12 Go ahead. 13 A. The guy came off the bus and I asked 14 him if Bob is on the bus. I wanted his autograph 15 And he says Bob doesn't give autographs, and I 16 remember him saying his last name, I remember 17 asking him if he is any relation to Lou Reed and 18 he said no. That is how I'm sure his last name is 19 Reed. His first name is Mike, from what I 20 understand. 21 Q. But you remember it being Reed right 22 now? 23 A. I remember it being Reed for sure. I 24 remember asking if he was any relation to Lou. 25 Q. Did you ask him what his name was or 106 1 Wright 2 did he offer his name? 3 A. I can't think for sure. 4 Q. Okay. What happened next?

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5 A. I was pretty sure that Bob was on the 6 bus. Don't ask me how. I'm sure I was just, you 7 know, hoping I guess a lot of it was, and I'm 8 saying have him come off and meet us, and he said 9 he is not on the bus, this is an equipment bus and 10 Bob left on a bus a few minutes before. This is 11 an equipment bus. 12 Q. What did you understand him to mean 13 by equipment bus? 14 A. For the amps and equipment. 15 Q. Okay. What happened next? 16 A. There was some small talk and I can't 17 remember everything or what order everything 18 happened in, but we wanted to -- he says are these 19 for me or something, I'm not sure. 20 Q. Well, okay, let me interrupt you for 21 a minute. 22 MR. KRAMER: You don't want him to 23 finish his answer? 24 MR. SNYDER: His answer is finished, 25 Mr. Kramer. 107 1 Wright 2 Q. Your answer is finished, right? 3 A. I'm not sure if -- what was the 4 question again? 5 Q. The question is, you are saying you

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6 are not sure about exactly what this individual 7 said to you, so I want to back up. Okay. So you 8 can make clear that what you are testifying is 9 what you remember. 10 A. It is vague. 11 Q. All I'm interested in is what you 12 remember today. So was there some discussion 13 about the book or about the lyrics that you had? 14 A. Oh, yes. 15 Q. Who said what first about the lyrics, 16 if you recall? 17 A. I'm not sure. I know we made it 18 clear that we wanted to make sure that Bob gets 19 this book of songs. 20 Q. And what, if anything, did Mr. Reed 21 say in response? 22 A. He said he will make sure, he will 23 send them, if he has to he will set them on his 24 nightstand. 25 Q. On his nightstand? 108 1 Wright 2 A. Dresser, nightstand, you know, in his 3 hotel. He will see him and he sees him all the 4 time and it won't be a problem. 5 Q. Mr. Reed allegedly said that he sees

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6 Dylan all the time and he will set -- if he has to 7 he will set the lyrics -8 A. He swore to us that he will make sure 9 that Bob gets the songs. 10 Q. You said that he said even if he has 11 to put them on his dresser or nightstand? 12 A. He said something about sending them 13 somewhere, and Jim said, "No, I want you to hand 14 them to him." 15 Q. But you testified about a hotel room 16 dresser or nightstand? 17 A. He mentioned some regard about 18 setting them somewhere and that was not good 19 enough for Jim and he wanted him to hand them to 20 him, and I started to hand the songs to Mike and 21 then I'm not sure if Jimmy grabbed them out of my 22 hand then or if he took them out of Mike's. I 23 think Mike started to read one of the songs and 24 Jimmy just grabbed it out of his hand and started 25 to read the song for him, and he was very 109 1 Wright 2 impressed by the song, at least he seemed that 3 way. And this is the driver now talking about. 4 And he said, "Oh, yes, that is very good," he 5 loves it and he will make sure, he swore to us. 6 Q. You say "he swore to us." Did he use

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7 those words, did he swear to you? 8 A. He promised us. 9 Q. And -10 A. I was totally convinced that he was 11 going to give the songs to Bob. In fact I was 12 pretty sure he was on the bus, but -13 Q. And this is the driver of the 14 equipment bus? 15 A. That is what he said. 16 Q. And you said that the driver of the 17 equipment bus told you that he sees Bob Dylan all 18 the time? 19 A. He says he has been driving for him, 20 something to that effect. 21 Q. What did this fellow look like? 22 A. He was a white guy, he -- brown hair, 23 he may have had a mustache, I'm not sure, and he 24 was tall, maybe six foot. 25 Q. Sir, did you ask the driver of the 110 1 Wright 2 equipment bus how it is that he sees Bob Dylan all 3 the time? 4 A. I don't know, we talked and I asked 5 him a couple of times for Bob's autograph because 6 like I kept looking back there and it didn't look

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7 like an equipment bus to me, it looked more like a 8 luxury-type bus. And in fact he was looking back 9 there, there was a curtain drawn, and it looked 10 like a real nice bus, not an equipment bus. 11 Q. You didn't go inside the bus? 12 A. No. 13 Q. So you have no idea what was behind 14 the curtain? 15 A. No, no idea. 16 Q. And when you first knocked on the 17 bus, Mike Reed didn't know who you and Mr. Damiano 18 were, right? 19 A. No, he didn't know us. 20 Q. You said that he was impressed with 21 the lyrics? 22 A. Yes. 23 Q. Did he actually read some of the 24 lyrics? 25 A. What I remember is he started to read 111 1 Wright 2 them, and maybe it wasn't fast enough for Jim or 3 it wasn't the tone that Jimmy would read it and 4 started -- Jimmy ended up finishing it, reading 5 the rest of it. He just flipped through it and 6 just grabbed the page. 7 Q. Do you remember what he read?

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8 A. No, I don't. 9 Q. And he read, you said lyrics for one 10 song? 11 A. He read -- yes, a song, a poem, 12 whatever, however you might describe it. It was 13 like a short song, it wasn't just like -- it was 14 the whole thing but it was only like a paragraph. 15 I remember looking at it. It was a paragraph this 16 big (indicating), on paper. 17 Q. When you say "this big," about a 18 couple of inches high? 19 A. Yes. 20 Q. And what, if anything, did the driver 21 of the equipment bus say in response? 22 A. You could just tell he was very 23 impressed by it. 24 Q. And did this driver say anything to 25 you about -112 1 Wright 2 A. He said, "I like it, I like it a 3 lot." Again, these are not exact quotes, but he 4 said, "I will make sure that Bob gets these 5 songs." 6 Q. What happened next? 7 A. Basically, we gave him the songs. We

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8 said okay, we shook hands, and then by the time we 9 got in the car, like I was still convinced that 10 Bob was on the bus. But then again that is just 11 me, and I remember saying to Jim, "Oh, they are 12 probably rocking out to My Cousin Joanne right 13 now." That is how I remember that there was a 14 tape in that thing because I remember saying that 15 to him. 16 Q. And you have no idea -17 A. And probably driving down the highway 18 rocking to My Cousin Joanne right now probably. Copies of the tickets to the waterloo concert are displayed below:

Brad Wright also testified under oath that on September 6, 1988, he accompanied James Damiano to yet another concert backstage at Radio City Music Hall. Plaintiff was given Back stage passes at this concert. Brad also testified that someone back stage took James Damiano's songs.

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Although Brad's testimony along with depositional testimony of other witnesses in this case was much more in depth and revealing of defendants solicitation of plaintiff James Damiano's songs it was disregarded Judge Simandle. Why? Motive: Dylan had writers block for commercially viable songs during at least a portion of the relevant period of time, from the early eighties to 1994 when defendants solicited James Damiano's songs. Bob Dylan gave an interview to Associated Press reporter Kathryn Baker. .The interview took place while having dinner at a restaurant in California. With Dylan's permission Ms. Baker recorded the interview. When Ms. Baker's article appeared in the newspaper, it quoted Bob Dylan as saying: "There is no rule that claims anyone must write their own songs and I do I write a lot of songs. but so what you know? You could take another song somebody else has written and you could make it your own." The article goes on to talk about the fact that this was the first time Dylan had ever used other writers on an album. The article states that it was inevitable that Dylan did not have enough material of his own for an album. Ms. Baker then quotes Dylan again as saying :

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"Writing is like such an isolated thing. You're in such an isolated frame of mind. You have got to get into that place. In the old days I could get to it real quick. I can't get to it like that no more. It's not that simple. Ms. Baker goes on to quote Bob Dylan: "I mean just being able to shut yourself off for long periods of time, where you're so isolated, no one can get to you mentally or physically, you know. You need to do that to come up with that kind of stuff." Ms. Baker quotes Dylan once again: "You're always capable in your youth and especially if you're an unknown and nobody cares, like if you're an anonymous person, but once that all ends, then you have to create not only what you want to but you have to create the environment to do it in which is double hard." A true and correct copy of this letter will be produced upon request. Please note: All depositions besides Plaintiff's are video taped: Kathryn Baker testified under oath: Plaintiff�s attorney Steven M. Kramer deposed Kathryn Baker: 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE CENTRAL DISTRICT OF NEW JERSEY 3 4 JAMES DAMIANO, 5 PLAINTIFF, ) CASE NO. 6 VS. ) 95CV4795(JBS) 7 SONY MUSIC ENTERTAINMENT, INC., ) 8 AND BOB DYLAN, ) 9 DEFENDANTS. ) 13 VIDEOTAPED DEPOSITION OF: 14 KATHRYN BAKER 15 MONDAY, APRIL 1, 1996 16 10:17 A.M. 23 FILE NO. LL62034 24 REPORTED BY DAWSHA LAYLAND BAKER 25 C.S.R. NO. 5166 1 1 VIDEOTAPED DEPOSITION OF KATHRYN BAKER, THE

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2 WITNESS, TAKEN ON BEHALF OF THE PLAINTIFF, AT 3 10:17 A.M., MONDAY, APRIL 1, 1996, AT 9606 SANTA 4 MONICA BOULEVARD, BEVERLY HILLS, CALIFORNIA, BEFORE 5 DAWSHA LAYLAND BAKER, C.S.R. NO. 5166, PURSUANT TO 6 SUBPOENA. 7 8 APPEARANCES OF COUNSEL 9 FOR PLAINTIFF: 10 LAW OFFICES OF STEVEN M. KRAMER & 11 ASSOCIATES 12 BY: STEVEN M. KRAMER, ESQ. 13 150 WEST 56TH STREET 14 65TH FLOOR 15 NEW YORK, NEW YORK 10019 16 17 FOR DEFENDANTS: 18 PARCHER & HAYES 19 BY: STEVEN M. HAYES, ESQ. 20 500 FIFTH AVENUE 21 38TH FLOOR 22 NEW YORK, NEW YORK 10110 23 24 ALSO PRESENT: GEOFF MINGER, VIDEOGRAPHER 25 CHRISTIAN MARTINEZ 2 KERNS & GRADILLAS CERTIFIED SHORTHAND REPORTERS (310) 556-1136

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1INDEX 2 WITNESS EXAMINATION PAGE 3 KATHRYN BAKER BY MR. KRAMER 5, 37 4 BY MR. HAYES 19, 46 5 6 OBJECTIONS BY COUNSEL 7 PAGE LINE PAGE LINE PAGE LINE 8 25 17 29 21 37 17 9 42 6 43 14 43 21 13 E X H I B I T S 14 NO. PAGE DESCRIPTION 15 1 8 NEWSPAPER ARTICLE ENTITLED 16 "DYLAN SURVIVES CHANGIN' TIMES" 18 "DYLAN: A REBEL MELLOWS" 2 MONDAY, APRIL 1, 1996, 10:17 A.M. 3 4 THE VIDEOGRAPHER: This is the 5 videotaped deposition of Kathryn Baker, in the 6 matter of Damiano versus Sony Music Entertainment, 7 Incorporated, and Bob Dylan. Today's date is 8 April 1st, 1996. The time is 10:17 a.m. This 9 recording is taking place at 9606 Santa Monica 10 Boulevard, in Beverly Hills, California. 11 My name is Geoff Minger, a notary 12 public in the state of California. I represent 13 Kerns & Gradillas Video Services, located at 14 9320 Wilshire Boulevard in Beverly Hills, 15 California.

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16 This deposition is being videotaped on 17 behalf of the plaintiff. I am neither counsel for, 18 employed by or related to any party in this action, 19 nor am I interested in the outcome thereof. 20 Counsel, please introduce yourselves 21 and state your appearance. 22 MR. KRAMER: Steven Kramer, on behalf 23 of the plaintiff. 24 MR. HAYES: Steven Hayes, the firm of 25 Parcher & Hayes, for the defendants. 4 KERNS & GRADILLAS CERTIFIED SHORTHAND REPORTERS (310) 556-1136 1 THE VIDEOGRAPHER: We are on the 2 record. Would the court reporter please swear in 3 the witness. 4 5 KATHRYN BAKER, 6 having been first duly sworn, was 7 examined and testified as follows: 8 9 EXAMINATION 10 BY MR. KRAMER: 11 Q. Miss Baker, good morning. 12 A. Good morning. 13 Q. This deposition is being taken 14 pursuant to notice and subpoena. Did you receive a

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15 subpoena to appear here? 16 A. Yes, I did. 17 Q. And what is your profession, ma'am? 18 A. I'm a writer. 19 Q. And by whom are you employed 20 currently? 21 A. Currently Spelling Entertainment. 22 Q. In what capacity? 23 A. I'm executive story editor on the show 24 "Melrose Place." 25 Q. Was there a time that you were 5 1 employed or in some way affiliated with the 2 Associated Press? 3 A. Yes. 4 Q. And when was that, ma'am? 5 A. From 1981 until 1989. 6 THE VIDEOGRAPHER: The time is 7 10:19 a.m. We're off the record. 8 (Discussion held off the record.) 9 THE VIDEOGRAPHER: The time is 10 10:19 a.m. We're back on the record. 11 BY MR. KRAMER: 12 Q. Miss Baker, during the time 1981 to a.m. We're back on the record. 11 BY MR. KRAMER: 12 Q. Miss Baker, during the time 1981 to

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13 1989 that you were affiliated with the Associated 14 Press, what was your position or profession? 15 A. Variously I was the staff 16 writer/editor the last three years. I believe from 17 1986 to 1989 I was the television critic, but I also 18 wrote other entertainment features. 19 Q. What is the Associated Press? 20 A. It's a cooperative of thousands of 21 newspapers. It's a wire service. 22 Q. Okay. And is it fair to say that it's 23 stationed or represented all over the country? 24 A. Yes. 25 Q. Okay. And where were you represented? 6 1 A. At the time in question, the last 2 three years I was with them, I was in New York. 3 Q. Okay. And in your capacity as a 4 writer for the Associated Press, did you, from time 5 to time, conduct interviews of various personalities 6 and stars and celebrities and such? 7 A. Yes. 8 Q. Okay. Could you give us an idea of 9 just a few examples? 10 A. Well, as television critic, I 11 interviewed people like David Letterman and various 12 television stars. Probably Dylan, who I interviewed

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13 in 1988 -- was probably -- if anybody asked me who 14 was the biggest star I interviewed, it was probably 15 him. 16 Q. And as you know, you're here today 17 concerning an interview that you conducted with 18 Mr. Dylan. You understand that? 19 A. Right. 20 Q. When was that interview conducted, 21 ma'am? 22 A. August 5th, 1988. 23 Q. Okay. And in preparation for today's 24 appearance here, did you review any notes? 25 A. Yes, I reviewed the transcript of the 7 1 tape. 2 Q. Okay. And does a tape recording 3 exist? 4 A. Yes. 5 MR. KRAMER: And let me show you a 6 copy -- or a portion of a copy of the article. This 7 is the only copy that we have, and I'll ask the 8 court reporter to first mark it as Exhibit 1 to this 9 deposition and please attach it to the transcript. 10 (The document referred to was 11 marked by the C.S.R. as Plaintiff's 12 Exhibit 1 for identification and 13 attached to and made a part of this

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14 deposition.) 15 BY MR. KRAMER: 16 Q. Would you be kind enough to look at 17 that document and if you can identify it, please do 18 so, Miss Baker. 19 A. Yeah. This is the story that I wrote 20 that ran on the wire based on that interview. 21 Q. What is the title of this article, 22 ma'am? 23 A. This particular newspaper, it says 24 "Dylan Survives Changin' Times." The newspapers 25 put their own headline on the story. I'm not sure 8 1 what the headline we put on it was. 2 Q. It says "By Kathryn Baker, Associated 3 Press Writer, Beverly Hills, California." 4 Are you that Kathryn Baker? 5 A. Yes. 6 MR. HAYES: The copy I have just has 7 two pages and seems to refer to there being another 8 page. 9 MR. KRAMER: Yes. Those are the only 10 two pages that we have. I was going to ask 11 Ms. Baker. 12 Q. Do you have a complete copy of this at 13 some location?

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14 A. Yes. 15 Q. Okay. And would you be willing, at 16 your convenience, to provide both myself and 17 Mr. Hayes with a copy of that -18 A. Okay. Sure. 19 Q. -- so that we could have a complete 20 copy? 21 A. Yes. 22 MR. HAYES: I have a copy here today 23 which I'll be happy to have you mark, instead. The 24 only problem I have, the first part of it is a 25 little less clear. 9 1 MR. KRAMER: Why don't we mark this as 2 Exhibit 2. 3 MR. HAYES: That's fine. That will 4 provide the third page. 5 MR. KRAMER: Great. 6 (The document referred to was 7 marked by the C.S.R. as Plaintiff's 8 Exhibit 2 for identification and 9 attached to and made a part of this 10 deposition.) 11 BY MR. KRAMER: 12 Q. Would you be kind enough to look at 13 what is now Exhibit 2, Miss Baker, and tell me if 14 that appears to be the complete article, complete

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15 interview that appeared. 16 A. Yes, it does. 17 Q. Did you tape-record this interview? 18 A. Yes. 19 Q. And in preparation today, did you 20 compare what appears in the article with the actual 21 tape or the transcript of the tape? 22 A. With the transcript of the tape. 23 Q. Okay. 24 A. Which I previously had compared with 25 the tape, so the transcript is accurate. 10 1 Q. Okay. And where did this interview 2 take place between yourself and Mr. Dylan? 3 A. It was over dinner at a restaurant 4 called Il Cielo here in Beverly Hills. 5 Q. Do you recall when it took place? 6 A. August 5th, 1988 in the evening, 7 sometime around 7:00 or 8:00 o'clock, something like 8 that. 9 Q. Was anyone else present at the table 10 with you? 11 A. Yes, Elliot Mintz, who was at the time 12 Bob Dylan's publicist. 13 Q. Does his voice, from time to time, 14 appear on the tape?

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15 A. A couple of times. 16 Q. Would you describe for the jury your 17 process, then, if you had one, of how you would go 18 about conducting an interview in connection with 19 having the tape recording? 20 In other words, what is the purpose of 21 having a tape recorder there during the interview? 22 A. Well, I particularly like to rely on a 23 tape recorder rather than taking notes because it's 24 easier to conduct a more casual conversation with 25 someone. 11 1 In this particular instance, I had the 2 tape recorder on the table and even had a little 3 mike, so he was very aware that he was being 4 tape-recorded. That way you don't have to take any 5 notes. 6 We were having dinner, so it made it a 7 little easier, and then the hard part is having to 8 transcribe the entire tape which also included 9 dinner. 10 Q. And who actually physically 11 transcribed that tape? 12 A. Elliot Mintz provided a transcriber 13 because it is a lot of work to do it and I needed to 14 get the story out -- AP wanted me to get the story 15 out relatively soon because it was an exclusive

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16 interview. So I let him do that. 17 I took the transcript and went through 18 it with the tape. I didn't have to do the actual 19 typing -- in fact, when I went through the 20 transcript, I noticed where I had made too little 21 corrections to make sure that the quotes in the 22 transcript exactly matched what was on the tape. 23 Q. Okay. And are you comfortable today 24 that the transcript, with your corrections, is an 25 accurate transcription of the tape? 12 1 A. Yes. 2 Q. Okay. Would you be kind enough to 3 look at Exhibit 1. And I've turned it over to at 4 least what appears to be the second page of the 5 interview. 6 A. Mm-hmm. 7 Q. And the right-hand half of the page. 8 A. Mm-hmm. 9 Q. I'm going to read a couple of 10 sentences. And after I read each one, my question 11 will be the same, and that is: Did Mr. Dylan say 12 that? 13 A. Okay. 14 Q. Do you understand? 15 A. Yes.

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16 Q. Okay. If you would look, ma'am, 17 towards the next to the last column of that page, 18 what appears to be the third or fourth paragraph 19 from the bottom, it says -- let's start at the top 20 so we can put it in context. 21 A. Okay. 22 Q. I think it probably makes more sense. 23 Actually, let's go to the bottom 24 left-hand side of the page, "The album." 25 Do you see where I have -13 1 A. Yes. 2 Q. "The album" -3 A. Yes. 4 Q. Let's pick it up there. "The album" 5 reads -- I'm reading from the interview that appears 6 in the Associated Press August 1988, Exhibit 1, 7 quote -- and these are your words, I take it, until 8 we actually see quotes. 9 "The album surprised some 10 critics because it is mostly covers of 11 other composers' songs." 12 Could you explain to the jury what the 13 word "covers" means in that context? 14 A. That's when an artist records a song 15 that was written by another songwriter. 16 Q. So in this context, this refers to

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17 songs recorded by Mr. Dylan on his album, but that 18 had been written by other composers? 19 A. Actually, I -- this -- I -20 technically "covers" means redoing a song that's 21 been recorded by someone else. 22 Q. Okay. 23 A. So I'm not sure that's entirely 24 accurate. I'm sure all these songs were recorded 25 sometime before. 14 1 Q. Okay. But, in essence, these -- you 2 were referring to songs recorded by him, but that 3 had been composed by other people? 4 A. Right. 5 Q. You then continue, quote: 6 "There are only two Dylan 7 originals, plus two collaborations 8 with Grateful Dead songwriter Robert 9 Hunter, including the single," quote, 10 "'Silvio,'" unquote. 11 Would it be fair to state Grateful 12 Dead is a very famous rock and roll band? 13 A. Right. 14 Q. Okay. Then you continue: 15 "Dylan said he picked the 16 other material because he liked it.

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17 Quote, "'Down in the Groove,'" 18 unquote, "establishes Dylan as a 19 recording artist and arranger with the 20 strength of style to transcend the 21 source of the material." 22 You wrote those words? 23 A. Yes. 24 Q. And then you write what appears to be 25 a quote from Mr. Dylan, and then I'll ask you if it 15 1 is, in fact, such. Quote: 2 "'There's no rule that claims 3 that anyone must write their own 4 songs,'" unquote, "he says." 5 Miss Baker, did Mr. Dylan say those 6 words? 7 A. Yes. 8 Q. And when you use the words "he says," 9 is that Mr. Dylan says? 10 A. Yes. 11 Q. You continue with, quote: 12 "'And I do. I write a lot of 13 songs. But so what, you know? You 14 could take another song somebody else 15 has written and you can make it 16 yours. I'm not saying I made a 17 definitive version of anything with

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18 this last record, but I liked the 19 songs. Every so often you've got to 20 sing songs that're out there. You 21 just have to, just to keep yourself 22 straight.'" 23 Did Mr. Dylan say those words? 24 A. Yes. 25 Q. You then continue without quotes: 16 1 "The other reason for the 2 others is inevitable: He didn't" -3 d-i-d-n-'t, as in did not -- "He 4 didn't have enough material of his own 5 for an album." 6 Did Mr. Dylan say those words? 7 A. I went back in the transcript and I 8 was paraphrasing him and that's not entirely 9 accurate. He said he didn't have enough songs that 10 he wanted to put on an album. 11 Q. You then continue, quote: 12 "'Writing is like such an 13 isolated thing. You're in such an 14 isolated frame of mind.'" 15 Did Mr. Dylan say that? 16 A. Yes. 17 Q. You continue, quote:

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18 "'You have to get into or be 19 in that place.'" 20 Did Mr. Dylan say that? 21 A. Yes. 22 Q. Quote: 23 "'In the old days, I could 24 get to it real quick.'" 25 Did Mr. Dylan say that? 17 1 A. Yes. 2 Q. Quote: 3 "'I can't'" -- c-a-n-'t, as 4 in cannot -- "'I can't get to it like 5 that no more. It's not that simple.'" 6 Did Mr. Dylan say those words? 7 A. Yes. 8 Q. You continue, ma'am, quote: 9 "'I mean, just being able to 10 shut yourself off for long periods of 11 time, where you're so isolated, no one 12 can get to you, mentally or 13 physically, you know.'" 14 Did Mr. Dylan say those words? 15 A. Yes. 16 Q. You continue, quote: 17 "'You need to be able to do 18 that in order to come up with that

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19 kind of stuff.'" 20 Did Mr. Dylan say that? 21 A. Yes. 22 Q. You continue, ma'am, quote: 23 "'You're always capable of it 24 in your youth, and especially if 25 you're an unknown and nobody cares -18 1 like if you're an anonymous person.'" 2 Did he say those words? 3 A. Yes. 4 Q. "He" being Mr. Dylan? 5 A. Right. 6 Q. You continue, quote: 7 "'But once that all ends, 8 then you have to create not only what 9 you want to do, but you have to create 10 the environment to do it in, which is 11 double hard.'" 12 Did Mr. Dylan say those words? 13 A. Yes. 14 MR. KRAMER: Thank you. No further 15 questions. The Associated Press filed a motion to block the production of the actual interview tape with Bob Dylan�s voice. 1988 - Was the beginning of a trend in Dylan's career that documents his use of other songwriter�s materials on his albums for profit.

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1988 - Bob Dylan released the "Down In the Groove album. Three of the songs on this album were newly written original songs by Bob Dylan, and one other one other was co-written with Robert Hunter of the Grateful Dead. The other six or seven songs on "Down In The Groove" were songs taken from songs in the public Domain or traditional folk songs in which Dylan did not write. There is a good chance that Dylan did not pay any royalties to the owners of these songs that he recorded, released to the public and profited from. This also documents the fact that Dylan was not as prolific as he was in his earlier days and that he was in need of material. In 1989 Bob Dylan released the "Oh Mercy " album. On this album there were similarities between Bob Dylan's material and Plaintiff James Damiano material. On June 4th, 1990 James Damiano contacted a lawyer Thomas Ruff. Mr. Ruff wrote the following letter to Tony Tiller of CBS Records. A true and correct copy of this letter will be produced upon request. Dear Mr. Tiller: I write as a representative of James Damiano, who is now living in the Charlotte area. As you may recall, Mr. Damiano has written numerous songs and has submitted many of them to you. He has also submitted material to Bob Dylan on three occasions and receipt of those materials has been acknowledged. James presently feels that there is no point in waiting for further progress on the question of producing his work. He would like to contact other companies and artists in this regard. He feels that it would be best if he recovered the previously submitted materials. I would appreciate your reviewing this situation at your earliest convenience If there is any reason for you to retain the works let me know. If you know any reason for Dylan's retention of works submitted to him, I would also appreciate hearing from you. Otherwise I will look forward to receiving the previously submitted materials at your earliest convenience. Sincerely, Thomas C. Ruff. Jr.

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Mr. Ruff told me he was surprised that Mr. Tiller disregarded his letter. Tony Tiller neither sent the material back or contacted Tom Ruff. When I talked to Tony Tiller on the phone he told me that the songs were safe with him and that I would be better off if I left them with him in his office. He told me that if someone stopped at his office, they would be able to hear the songs or read the lyric sheets. October 31, 1990. On October 31, 1990 - Bob Dylan was playing a concert at Ovens Auditorium in Charlotte North Carolina. Tony told me that there were complimentary tickets for me at the ticket window and asked me to bring some more of my songs to Bob Dylan. I called a few friends and asked them if they would like to go to the concert with me. One of the friends was Tom Ruff. I picked up the tickets and went to the area where the busses were parked. I had an envelope in my hand. In the envelope were lyric sheets of my songs. In my pocket I had two white cassette tapes of my music. Four people approached me and asked me if I would like for them to give Bob Dylan the package of songs. One of those people told me his name was Richard Fernandez and that he was Bob Dylan's tour manager. Tom Ruff had advised me not to give the songs to anyone not even Bob Dylan. Tom Ruff also advised me, that I should tell anyone from Dylan's organization who wanted me to give the songs to them, that I was legally advised to say that I will not give them the songs but, that if Bob Dylan wanted to

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seethe songs that I was willing to go back to the hotel room and let Dylan see them. That is what I told these four people that approached me. I was then approached by another person who asked me if I wanted to meet Dylan's bus driver. I knew that they were controlling the situation so I went along with him. We walked over to a bus that was an older bus and parked off in the distance. As we approached the bus there was a man looking out the front window. The man I walked over to the bus with motioned to the man looking out the window for him to come down off the bus. He came off the bus, walked over to us and was introduced to me as Tom Masters. We talked for about fifteen minutes and I explained that Tony Tiller told me to bring these songs here tonight. Mr. Masters told me he was unable to take the songs. I then told Mr. Masters that I was legally advised to not give the songs to anyone but that if Dylan wanted to see the songs that I was willing to go somewhere to let Dylan see them. Mr. Masters said Bob could not do that. We talked a little while longer and Tom told me that he had to leave. We shook hands, he turned around, took a couple of steps, stopped and turned around toward me and said "But if you want me to give the songs to Bob I will." I responded to Tom 's remark and said "I told you that I can't give you the songs but here are two tapes of my music." as I handed him two tapes. Tom Masters took the tapes and got on the bus.

Sometime after I received the following letter from Tom Masters

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Copies to the tickets at Ovens Auditorium are displayed below:

The tapes included plaintiff's song "Steel Guitars" also identified as "Dignity" on plaintiff's 1982 copyright registration. Other versions of "Steel Guitars" however had been previously submitted to John Hammond and Mikie Harris in 1982, 1983, 1984, 1985, 1986 and 1987. "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) was also submitted to Tony Tiller and Dylan associate�s in 1987 and 1988. Bob Dylan recorded "Dignity" in 1989 but he did not register his copyright of �Dignity� until December,1991 One of the people who approached me that night, before I was introduced to Tom Masters was Richard Fernandez. Richard gave me an address in Beverly Hills to send material to. I sent materials certified mail to that address with return receipt requested. Richard Fernandez was also deposed: His testimony verified that Tom Masters was on tour with Bob Dylan and Richard Fernandez in 1990 and 1991 in which Bob Dylan played Ovens auditorium on that tour. Mr. Fernandez's testimony also verified that Mike Reed was part of Bob Dylan's entourage. Please note: All depositions besides Plaintiff's are video taped: 1 1 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 ---------------------------------------x JAMES DAMIANO, 4 Plaintiff, 5 Case No.

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-against- 95-4795 6 SONY MUSIC ENTERTAINMENT, INC. 7 and BOB DYLAN, 8 Defendants. ---------------------------------------x

9 10 June 24, 1996 11:34 a.m. 11 12 Videotaped deposition of RICHARD FERNANDEZ, taken 13 by Plaintiff, pursuant to notice, at the offices 14 of Parcher & Hayes, P.C., 500 Fifth Avenue, New 15 York, New York, before Nadia El Rez, a Shorthand 16 Reporter and Notary Public within and for the 17 State of New York. 18 19 20 21 22 23 24 25 2 1 2 3 A p p e a r a n c e s: 4

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STEVEN M. KRAMER & ASSOCIATES 5 Attorneys for Plaintiff 150 West 56th Street 6 65th Floor New York, New York 10019 7 BY: STEVEN M. KRAMER, ESQ., 8 of Counsel 9 10 PARCHER & HAYES, P.C. Attorneys for Defendants 11 500 Fifth Avenue New York, New York 10110 12 BY: ORIN SNYDER, ESQ., 13 of Counsel 14 15 Also Present: 16 MARK BRADY, Videographer Doyle Reporting, Inc. 17 18 *** 19 20 21

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22 23 24 25 3 1 2 3 4 5 6 7 IT IS HEREBY STIPULATED AND AGREED 8 by and between the attorneys for the 9 respective parties hereto that the sealing 10 and filing of the within deposition be, and 11 the same hereby are, waived; and that the 12 transcript may be signed before any Notary 13 Public with the same force and effect as if 14 signed before the Court. 15 IT IS FURTHER STIPULATED AND AGREED 16 that all objections, except as to the form 17 of the question, shall be reserved to the 18 time of trial. 19 20 21

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22 *** 23 24 25 4 1 2 THE VIDEOGRAPHER: We are on the 3 record. 4 My name is Mark Brady. I represent 5 Doyle Reporting, located at 369 Lexington 6 Avenue, New York, New York. I will be the 7 videographer for today. 8 Today's date is 6/24/96, and this is 9 the case of James Damiano versus Sony Music 10 Entertainment, Incorporated and Bob Dylan, 11 case numbers 95-4795. 12 We are here at the office of Parcher 13 & Hayes, located at 500 Fifth Avenue, New 14 York, New York, and this is the deposition 15 of Richard Fernandez. 16 At this time counsel will identify 17 themselves. 18 MR. KRAMER: Steven Kramer for 19 plaintiff. 20 MR. SNYDER: Orin Snyder for the 21 defendants. 22 THE VIDEOGRAPHER: At this time I

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23 will have the court reporter swear in the 24 witness. 25 R I C H A R D F E R N A N D E Z, 5 1 2 having been first duly sworn by the Notary 3 Public (Nadia El Rez), was examined and 4 testified as follows: 5 EXAMINATION 6 BY MR. KRAMER: 7 Q. Mr. Fernandez, please state your home 8 address and home telephone number. 9 A. 1751 Mauna Ikena Road, Kapaa, Hawaii, 10 9675 -- 96746. 808-822-7879. 11 Q. Thank you. 12 And by whom are you employed, sir? 13 A. Right now? 14 Q. Yes. 15 A. Dannet, Inc. 16 Q. And what is Dannet, Inc.? 17 A. A touring company. 18 Q. And who owns Dannet, Inc.? 19 A. Donald Fagen and Walter Becker. 20 Q. And what is your position there, sir? 21 A. I'm a tour manager. 22 Q. And in that capacity, have you ever

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23 performed services as a tour manager for Bob 24 Dylan? 25 A. Yes, East West Touring, I believe. 6 1 Fernandez 2 Q. And what is East West Touring, sir? 3 A. That's Bob Dylan's touring company. 4 Q. And where are they located? 5 A. Let's see, they have got an office in 6 New York and an office in Los Angeles. Well, a 7 management office in Los Angeles and an office in 8 New York. 9 Q. Have you ever been to the office in 10 New York? 11 A. No. 12 Q. And where is the office in Los 13 Angeles? 14 A. I believe now it is in Beverly Hills 15 on, I believe, Beverly Boulevard. 16 I haven't talked to Jeff about it in 17 six or eight months. 18 Q. Okay. Jeff Kramer's office -19 A. Uh-huh. 20 Q. Were you a tour manager for Mr. Dylan 21 in any of the past five years? 22 A. Any of the past -- yes. 23 Q. Okay. Taking it from the most

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24 recent, that is from today, backwards, would you 25 tell me what tours, or what years? 7 1 Fernandez 2 A. Last tour I did with Bob was 1991. 3 Q. That was the last time? 4 A. Yeah. 5 Q. Okay. And that tour, did that 6 include Charlotte, North Carolina? 7 A. In '91? 8 Q. Or '90, October of '90? 9 A. I'd have to look back in my records. 10 I don't recall. Probably, but I couldn't be 11 certain. 12 Q. Okay. Have you ever been in an 13 auditorium in Charlotte which I believe is called 14 Ovens Auditorium? 15 A. Not to my knowledge. I don't 16 remember that. Is it on a campus or anything do 17 you know or is it -18 Q. I don't know. 19 A. Ovens Auditorium, I don't remember 20 Ovens Auditorium. 21 Q. Have you ever been in Charlotte? 22 A. Oh, yes. 23 Q. Have you ever been in Charlotte with

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24 Bob Dylan? 25 A. I believe so, yeah. 8 1 Fernandez 2 Q. Okay. When was the last time? 3 A. I don't recall. I mean it was -4 Q. What decade? 5 A. Probably in the 90's. 6 Q. Okay. And the last time you worked 7 with him was in '91, right? 8 A. That's correct. 9 Q. So it would either be '90 or '91? 10 A. Yes. 11 Q. Okay. Take a moment to think, tell 12 me the best of your recollection, if you can, what 13 year was it, '91 or '90? 14 A. I would say '90. I don't really know 15 for certain, but I think '90. It would have been 16 in the summer, I think. 17 Q. Okay. And that would have been in 18 North Carolina? 19 A. Yeah. 20 Q. Okay. Do you remember how big the 21 hall was? 22 A. No. 23 There were many tours a year for many 24 artists, it's hard to -25 Q. I understand.

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9 1 Fernandez 2 A. Yeah. 3 Q. And do you have any recollection at 4 any Bob Dylan concert being handed any papers with 5 songs on them, by anyone? I would ask you to 6 focus on North Carolina in that tour that you just 7 identified, 1990. Do you recall anyone handing 8 you any documents? 9 A. No. No. 10 Q. Has anyone ever handed you any 11 documents -12 A. Yes. People have handed me 13 documents. 14 Q. Let me finish the question. 15 Has anyone ever handed you any 16 documents with songs on them, while you were 17 working with Mr. Dylan? 18 A. Not that I remember, no. 19 Q. Never? 20 A. Like pieces of paper? 21 Q. Or a folder or a book, with songs in 22 them? 23 A. Not to my knowledge. I don't 24 remember that. 25 Q. Do you have any recollection of the

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10 1 Fernandez 2 North Carolina concert? 3 A. No. I mean I have to go back through 4 my books and look at to see what '90 -- and then 5 I'd look at my log. 6 Q. Tell me what book you would look at? 7 A. It's a book that just says what I do 8 every day, where the gigs are, what phone calls I 9 have to make. Just a log of what I do. 10 Q. Okay. And you keep them by year? 11 A. Yeah. 12 Q. Do you still have your 1990 book? 13 A. Yeah. 14 Q. At home -15 A. Yeah. 17 What I'd like to do now is list some 18 names of people to you and I'd like to ask you if 19 you've ever heard of these people. 20 A. Uh-huh. 21 Q. Rob Stoner? 22 A. I've heard of him, yes. 23 Q. Have you ever spoken with him? 24 A. No. 25 Q. Have you ever seen him? 11 1 Fernandez

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2 A. No. Isn't he a -- isn't he from -3 the Rob Stoner I'm thinking about is a song writer 4 or singer from Austin, Texas. That's the Rob 5 Stoner I'm talking about. 6 Q. And just tell me, so we can determine 7 if it's the same person -8 A. I think I may have heard a song of 9 his somebody said you got to listen to this. I 10 think it was Rob Stoner. The name sounds 11 familiar. 12 Q. Okay. But you never laid eyes on 13 him, to your knowledge? 14 A. No. 15 Q. Bobby Neuwirth? 16 A. No. Sounds like one of the guys from 17 the Monkees, but I don't know. 18 Q. Mike Reed? 19 A. Mike Reed, yes. Mike Reed was a 20 truck driver. He has done a couple of different 21 tours. 22 Q. Any with you? 23 A. Pardon? 24 Q. Any with you? 25 A. Yes. 12 1 Fernandez

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2 Q. Which tours with you? 3 A. I think he worked a Tom Petty tour 4 with me. I think he may have worked a Yes tour 5 with me, and I think he was on a Bob tour with me. 6 Q. When you say a Bob tour, a Bob Dylan 7 tour? 8 A. Bob Dylan tour.

Bob Dylan recorded "Dignity" in 1989. Although Dylan recorded "Dignity" in 1989 he did not release it until December of 1994, almost five years later. Articles appeared on the internet stating that although Dylan finally had a hit song again he did not play it at any of his concerts while on tour. Note: Normal music business operations in the music industry is that when a band has a hit song, it tours on that song, meaning that the reason for the tour is to promote the album or in this case being that "Dignity" was the only newly written original song Dylan had released in almost four years, the song. Note: If Dylan had toured with the intention of promoting his new material the "Dylan unplugged" video and CD and his "Bob Dylan Greatest Hits Volume 3" CD ( which "Dignity" was the only newly written original song on the CD and video ) , it is undisputable that "Dignity" bridged Bob Dylan's career from 1990 to 1997, when his fans were aware that he had not released a new song in three years and eleven months. Please note that after Dylan released "Dignity" in November of 1994 he had not released another newly written original song for another four years until 1998 on the "Time Out Of Mind CD" One must also wonder if it is true why Dylan had not played "Dignity" on his tour after it was released. Sometime after the Ovens Auditorium concert Tom Masters called me at my home. I was not there but my Mother in law who was visiting at the time answered the phone and told him that I was not there. A couple weeks later Tom Masters called again. He told me that he had some friends over and that they just listened to my tape. He told me one of my tapes was still on Bob Dylan's tour bus. I asked him if Bob heard the tape and he replied "Yeah Bob heard it and he thought it was good." I said "really?" and Tom said "Yeah Bob liked it." I asked Tom "Is Bob There now?" Tom replied "No." When out of the clear blue sky Tom asked me where the songs were that I said I was going to send him. I didn't know what he was talking about because I thought that we had already established the fact that I was not going to send any more of my songs as per Tom Ruff's advise. I told Tom "I told you I wasn't going to send anymore material." Tom then said "Oh I thought you told me you were going to send me songs" I replied "Tom, how can I send you songs when I don't have your address?" Tom replied "Oh, well if you want to send them my address is"[ and he gave me his address.] I had no receipts for all the material that I submitted to Bob Dylan so I decided to send the songs to Tom Master's certified mail with return receipt requested.

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On January 18, 1991, someone at Tom Masters�s address signed for James Damiano's songs. [Enter Tom Masters�s certified mail receipt dated January 18, 1991.] On January 20, 1991, I (James Damiano) received a letter from Tom Masters transcribed below: Dear Jimmy: I received the certified letter with your lyrics, which I am returning to you. I am flattered of course that you picked me to send them to, but let me reiterate the following: I am Bob's bus driver no more. He does not discuss his music with me. I take care of the bus and he takes care of the music. People hand me tapes all day long. hoping that Bob will listen to them. I tell them exactly what I am telling you. Please do not send me anymore lyrics or tapes. They will be returned unopened or thrown in the trash. I wish you the best in your musical endeavors, however I am not the contact you think I am and I am requesting that you neither call nor send me anymore of your work. The best of luck to you, Sincerely Tom Masters. 1990 Bob Dylan releases "Under the Red Sky" album. Similarities exist between James Damiano's material and Bob Dylan's material. On 1/30/91 January 30, 1991 Bob Dylan's publisher Jeff Rosen's office signed certified mail for James Damiano's songs. On June 19, 1991 Elliot Mintz of Dylan's organization signed certified mail receipt for James Damiano's songs. [Enter all certified mail receipts Bob Dylan, Elliot Mintz and Jeff Rosen] [Enter Tom Masters recorded phone conversations] {Enter Tony Tiller recorded phone conversations 1 through 12} {Enter Elliot Mintz Mikie Harris / recorded phone conversations } { Enter Elliot Mintz / deposition } 1992 No newly written original songs by Bob Dylan. Album released "As Good As I've Been To You." The following recorded phone conversation between Tony Tiller and James Damiano recorded on December 5th, 1992 was produced to Judge Simandle by Plaintiff's attorney. Tony - Hello James - Anthony?

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Tony - Hi. James - Hello. Tony - Hi, how are you. James - Boy you're a hard guy to get a hold of. Tony - You didn't call me back yesterday. Tony - What time did you call? James - About five minutes after. You were on the line to Germany or something. Tony - Gee well it's unfortunate that you choose right now to call. James - Oh really. I just need to ask you a fast question. I'm going to Nashville. I wrote a book. Remember when you said that when you got a promotion, that if it was in A&R, that I would have been the first person you would sign? Would you write me a letter to that effect before I go. I'm going in two weeks, to meet some people in Nashville about my songs. Could you write me a letter just so when I get down there I could show them that they Or at least you were serious about the music. Tony - Yeah" James - Thank you I really appreciate that. Tony - But I really have to go now. James - I'm sorry. Tony - The other call is costing a mint while they're on hold and I'm hoping they will still be there when I get back. James- Let me ask you one more question. Did Mitch call you? Note : Mitch Berman works for Bob Dylan and in all the recorded conversations emphatically denies knowing Tony Tiller of CBS Records. Mitch Berman is also know as Elliot Mintz. James - Let me ask you one more question. Did Mitch call you? Tony - Um recently? James - Yeah. Tony - No. James - I wrote a book. Is it all right to put in the book that you told me to go back stage at Jones beach to give Bob Dylan the material? Tony - Uh No. James - Don't put that in the book? Tony - No.

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James - I'm sorry? Tony - No do not. James - Why can't I put that in the book? Tony - No, because that would make me as an employee of the company liable for telling you to do that, and that would be uncool. James - Okay. Tony - But I have to go now. James - Okay Ant. Tony - I will talk to you soon. James - Okay thanks. All information contained within this document was produced to defendants during discovery in case CV 9547-54 (JBS), ((James Damiano vs. Bob Dylan and Sony Music Entertainment), no less than three and a half years ago. Plaintiff wishes to note that the defendants have not denied any of the issues of fact stated herein with specificity concerning all chronological events concerning correspondence between parties and witness. 1993 - No newly written original songs by Bob Dylan. Album released by Dylan, was "World Gone Wrong" Honest about The lies he tell Lies about The religion He sells Damiano 88 Copyright Plaintiff James Damiano's musical expert in this litigation Doctor Green who Graduated Magna Cum Laude from Harvard University reports: Dear Mr. Damiano: Following your requests, I have briefly reviewed the instrumental introduction to "Love is a Miracle" on your audio cassette copyright 1982. This short introduction seems to bear melodic, harmonic, and rhythmic similarities to "Steel Guitars"(also identified as "Dignity" on James Damiano's 1982 copyright registration) , as copyrighted in 1982 and 1988. There is a good chance that a careful examination of this material may show that in 1982 you were experimenting with many of the musical ideas that came together later in "Steel Guitars"(also identified as "Dignity" on James Damiano's 1982 copyright registration) . Moreover, other elements of "Steel Guitars" can be heard in other songs, not only on the 1982 cassette, but on the cassette copyrighted in 1988. I propose that a careful analysis of several or all of your works leading up to "Steel Guitars" may allow me to piece together a historical account of your creation of this composition. Sincerely Paul Green

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To review Doctor Greene's letter click on text Quotes from Doctor Green's comparative analysis of Dylan's song "Dignity" and James Damiano's song "Steel Guitars"(also identified as "Dignity" on James Damiano's 1982 copyright registration)will follow Twelve years later Bob Dylan was nominated for a Grammy, for a song titled "Dignity" copyrighted by Dylan in 1991. Judge Simandle writes in his opinion concerning access "Plaintiff asserts that 'the bulk of his life's work' was submitted to Sony beginning in 1982.(Complaint. At 2) . He also alleges that he was told to bring his songs to several concerts which he attended courtesy of Sony. Plaintiff has produced evidence that after these concerts, he was allowed backstage and gave his work to Dylan or his agents. (Damiano Declaration. At 2, 5, ; Deposition of Pam Damiano at 77-84, 97-104: Deposition of Brad Wright at 105-112)."Taking these allegations as true, plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work." "Plaintiff asserts that 'the bulk of his life's work' was submitted to Sony beginning in 1982.(Complaint. At 2) . He also alleges that he was told to bring his songs to several concerts which he attended courtesy of Sony. Plaintiff has produced evidence that after these concerts, he was allowed backstage and gave his work to Dylan or his agents. (Damiano Declaration. At 2, 5, ; Deposition of Pam Damiano at 77-84, 97-104: Deposition of Brad Wright at 105-112)."Taking these allegations as true, plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work." Judge Simandle also states "This court will accept as true plaintiff's allegations that Sony represented to him that he would be credited and compensated if Dylan used his work." "This court will accept as true plaintiff's allegations that Sony represented to him that he would be credited and compensated if Dylan used his work." Doctor Green a musicologist who graduated Magna Cum Laude from Harvard University states that there is a recurring vocal melody in the song "Dignity" released on Bob Dylan's 1994, MTV Unplugged album that is strikingly similar to James Damiano's song "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) that was copyrighted in 1988 and recorded with studio musicians in 1986 and whom have submitted declarations to the court. To review doctor Greene's resume click on text Doctor Green further states that the melodic arc found in both "Dignity" and "Steel Guitars"(also identified as "Dignity" on James Damiano's 1982 copyright registration) Is more than just a collection of shared pitches. It seems to embody the melodic shape or character of both compositions. When played on it's own, it sounds like both compositions." Someday maybe You'll be able to tell The greatest story Say the greatest line Give the greatest performance Find the greatest find

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Damiano copyright 92" Bob Dylan creation materials, produced March 1, 1996. Defendants wrote to Judge Rosen : "During discovery, Bob Dylan will be producing, inter alias, unpublished and extremely valuable tape recordings and written lyrics which document the evolution and independent creation of Mr. Dylan's musical compositions which are at issue in this case. These materials are highly confidential and proprietary in nature because they were created during private, songwriting sessions. These materials have never been never been released to the public in any manner." Please note: The above letter of March 1, 1996 was sent to Judge Rosen only after Defendants and Plaintiff exchanged copyrights to compare the date of registration for the respective songs at issue in this case. In other words would defendants have had to write this letter to the court if Dylan's copyrights predated Damiano's copyrights ? The creation materials defense / Plaintiff's expert Doctor Green reports. While Dylan and his attorneys claimed to have produced inter alias never before published Dylan creation materials Doctor Green again asserts in his declaration: "The [creation materials] tapes seem to document the experimentation with and creation of the lyrics, style and instrumentation of "Dignity" but not the creation of the melody." "Therefore I conclude that the melody of 'Dignity' was actually created before the production of the Dylan creation tapes." Doctor Green also states in his analysis: " The musical features I find similar in "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) and "Dignity" therefore seem to me to be quite rare in the corpus of popular music." "Of all the compositions I examined for this report, I find that the composition most similar to "Dignity" in terms of the melodic and formal features specified in Section 1 is "Steel Guitars." In Bright Tunes Music Corp. vs. Harrisongs Music Ltd., 420 F. Supp. 177 (SDNY 1976), aff'd. Abkco Music vs. Harrisongs Music, 722 F 2d 988 (2nd Circuit 1983) , Beatle George Harrison unsuccessfully contended that the phrases in question were trite. The Second Circuit upheld the lower court's finding of liability holding that it was a question of fact as to whether the two works were similar in any substantial way. In Bright Tunes, the court found that the repetition of two short, basic musical phrases, sol-la-do-la-do, created a "highly unique pattern" sufficiently original to be protected by copyright, although each standing alone was in the public domain. 420 F. Supp. at 178. Plaintiff's argument about [public domain] is that the melodic arc in George Harrison's song was a common melodic arc that had been played on the radio many times in many different songs. Harrison claimed that he must have heard it on the radio and subliminally he wrote the song or that the melody line was a common musical or blues clich�. However the court still found Harrison guilty and he lost the suit in court.

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I was told forty eight people have been deposed in this litigation . Some of who were in Dylan's entourage. When asked by plaintiff's attorney "Have you ever lied to Mr. Damiano?", Elliot Mintz a ten year associate of Bob Dylan's who is responsible for Bob Dylan's media relations replied "Yes". Mr. Mintz's deposition is one hundred and eighty seven pages long. Mr. Mintz also testified that he had almost a half a dozen conversations with James Damiano and that after keeping James Damiano's songs for over a year he "Shredded" them. Also stating under oath that he recalled giving Mr. Damiano his fax number. [page 67 par. 15] By plaintiff's attorney:- Do you recall ever giving Mr. Damiano your fax number? By Elliot Mintz - Yes. Numerous recorded conversation between James Damiano, CBS and Dylan's entourage have been produced to the defendants in this litigation. Discovery is well over three thousand pages. Plaintiff's attorney asserts that : Professor Green also discovered from a review of the so called Dylan creation materials that there are actually no Dylan creation materials for the melody at all. Professor Green states: "The [creation materials] tapes seem to document the experimentation with and creation of the lyrics, style and instrumentation of "Dignity", but not the creation of the melody. Therefore I conclude that the melody of "Dignity" was actually created before the production of the Dylan creation tapes. Professor Green concludes: "Because the shared melodic arc of James Damiano's "Steel Guitars (aka "Dignity") and Bob Dylan's "Dignity" is rare in popular music, I conclude that similarities between the two songs are not due to common incorporation of melodic clich�s of the blues or folk-rock music. So, either Damiano and Dylan arrived at similar melodies independently, or one musician was influenced by the other. Since "Steel Guitars" predates both "Dignity" and the Dylan creation materials, and since the Dylan creation materials do not document an independent creation of the "Dignity" melody, I conclude there is a very good chance that the melody "Dignity" may be based on that of "Steel Guitars."(also identified as "Dignity" on James Damiano's 1982 copyright registration) . "Dignity" was the "Hit" off both the "Bob Dylan Unplugged" album and the "Bob Dylan's Greatest Hits Volume 3" album. Bob Dylan was in need of a commercially viable song. It had been twenty years since Bob Dylan released "Knockin On Heaven's door" which was last hit song, released in 1974. Since this law suit has been filed people tell me things that suggest that this is not the first time Dylan's songs resembled other songwriter�s songs. One allegation suggests that Dylan's song "Shelter From the storm" is extremely similar to John Fogerty's song "Down on the corner." Fogerty's song was released and being played on the air in 1969, Bob Dylan's song was released in 1974. [Five years after John Fogerty's song was released] I was shocked after hearing the resemblance . Another allegation suggests that "Knock, Knock, Knocking On Heaven's Door" released by Dylan in 1974 is very similar to the song "Helpless, Helpless, Helpless" released by Neil Young in 1968. [Six years before Bob Dylan's song was released] Everyone someday finds out Just how much faith A man must have

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So may the truth Of your reality Be in your own behalf Copyright 88" Damiano Plaintiff's also learned from deposition transcripts of other Dylan infringements and will they be produced upon request of the court. Review: Bob Dylan's Greatest Hits Volume 3 Released November 1994. Trying to bring Dylan to the attention of the CD-buying audience of the Nineties, his record label again tried to convert the indifferent mass market into purchasers. The title almost left room for legal action - only "Knockin' On Heaven's Door" was a bona-fide hit. By no stretch of the imagination could the eleven minute "Brownsville Girl" or nursery rhyme "Under The Red Sky" be termed "hits." The necessary incentive for those who had everything anyway, was the inclusion of the contradictory "brand new "Dylan classic" 'Dignity.' 'Dignity' was a rollicking , rock-a-billy chunk sliced off the "O-Mercy" sessions and reproduced. It confirmed Dylan's inability to pronounce the word 'mirror' and a first for Bob -this name checked a member of the British royal family. Otherwise Volume 3 was a satisfactory treading water exercise. Dignity was nominated for a Grammy as the best Rock song of the year. In a sworn deposition Elliot Mintz a ten year associate of Bob Dylan and Bob Dylan's media relations� person testified under oath : "Under the subject of mistruths spoken to your client during these conversations, he would frequently ask me to pass along information, ask questions about Bob, or to Bob about him. I in fact told him that I would and that I did." Elliot Mintz deposition [page 75par. 22] By Steven M. Kramer - Do you recall saying the following to Mr. Damiano, sir - - You state at the top of the page, or at least it appears that you that you state, "My job here is to pass along information to Bob." Do you recall saying that sir? By Mr. Mintz - Yes. By Steven M. Kramer - Bob, of course is Bob Dylan? By Elliot Mint - Yes. Steven M. Kramer - Which I think I have." Do you see that sir? By Mr. Mintz - Yes. By Steven M. Kramer - Did you say that? By Mr. Mintz - Yes.

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Mr. Mintz's deposition is 187 pages. Only one in seven years. Elliot Mintz deposition: - "First of all it is untrue secondly Bob Dylan does just fine he writes and sings his own songs." [The above statement was testified to on May, 30, 1996. It had been over five and a half years since Bob Dylan released one newly written original song.] In a span of seven years from 1990 to 1997, Bob Dylan released only one newly written original song titled "Dignity." All other songs besides "Dignity" released by Bob Dylan during this seven year span, were songs previously released by Bob Dylan, traditional folk songs, and songs taken from songs in the public domain. 's attorneys ask Judge Simandle permission to file a motion to hold James Damiano, in contempt of court for the use of this Web site. September 5, 1997. "As we advised your chambers yesterday, September 4, 1997, it has come to our clients' attention that plaintiff, James Damiano, is using a website located at virtue@planet.net to disseminate information about his claims against Mr. Dylan and Sony." "The purpose of this letter, therefore is to request leave of court to file a motion seeking to have plaintiff held in contempt." Judge Simandle incorrectly described the issues of fact in this law suit. Judge Simandle opined in his decision that "Taking these allegations as true Plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work." The true issue of fact is that for years defendants CBS Records and Dylan associates, solicited Plaintiff James Damiano's songs as specified in the complaint. This solicitation more than suggests the "copying of "plaintiff James Damiano's songs. Although Plaintiff Damiano's attorney did not submit much of the substantiating evidence to the court {why I don't know } solicitation was still listed as an allegation. Judge Simandle never asked for any proof of that solicitation. When you need not use Your intelligence anymore Your charm or your wit Only then can you pride yourself as being the most hypocritical hypocrite Damiano Copyright 92

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"My job here is to pass along information to Bob"...Elliot Mintz Plaintiff has engaged in litigation with Bob Dylan for over five years and defendants have alleged to the court that plaintiff committed fraud by trying to "extract" not "extort" but "extract" money from Bob Dylan. Although Defendants suggest fraud as their defense, they do not back up their allegation with a counter suit. In other words no counter suit or counter-claim has been filed by defendants and or Bob Dylan. Any red blooded Attorney or Judge knows that if the defendants do not file a counter suit, this could only mean that the issues of fact can not substantiate such a claim and that the defendants have no legitimate defense or offense. Bob Dylan has not public ally commented on this litigation. A Diversion Of the truth Defendants failure to contest the issues of solicitation creates a diversion of the truth so as to avoid having to answer obligatory questions identifying the difference between Judge Simandle's description of Plaintiffs demonstration of "access" as opposed to a more incriminating description of Plaintiffs demonstration of Defendants "solicitation" of James Damiano's music. Solicitation is actually what occurred. It is these facts of solicitation which disable the defendants from filing a counter suit. Please note that for everyday that this web site is up and running the fact is documented that the defendants do not contest the issues of fact, the evidence of solicitation or the statements set forth in this web site declaration. Therefore the reader can conclude that the statements and evidence set forth in this web site are true. Otherwise Bob Dylan's attorneys would download this site, send it to Judge Simandle and then ask to hold James Damiano in contempt. Dylan's attorney's eventually downloaded Plaintiff's website and produced it to the court upon which Judge Simandle eventually entered it upon the record during Plaintiff's hearing for contempt of violating Judge Joel B. Rosen�s confidentiality order. The Impeachment of Elliot Mintz and Tony Tiller Mr. Mintz's testimony is in blatant conflict of his own testimony. Deposition of Elliot Mintz Counsel for the plaintiff : Steven Kramer Counsel for the Defendants : Orin Snyder Witness: Elliot Mintz The court should note that in a sworn videotaped deposition Elliot Mintz testified below. The deposition of Elliot Mintz: [page 7 par. 2 through 23]

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# 1. By Steven Kramer: Mr. Mintz, have you ever gone by an alias? # 2. Mr. Mintz. Yes # 3. By Steven Kramer: What is the alias? # 4. Mr. Mintz. Mitch Burman. # 5. By Steven Kramer: During what period of time have you gone under that alias? # 6. Mr. Mintz: From approximately October of 1980 through present. # 7. By Steven Kramer: Are there any documents that you have in your possession, at your office or anywhere else that purport to identify you as Mitch Burman? # 8. Mr. Mintz: No. # 9. NOTE: Mr. Mintz testified that he went under an alias for sixteen years yet does have even one document in his possession purporting to identify him as that alias. # 10 By Steven Kramer: What is your profession, sir? # 11 Mr. Mintz: I am a media consultant. # 12 By Steven Kramer: How long has Mr. Dylan been your client sir? # 13 Mr. Mintz: Since, I believe, October of 1986 approximately - - ten years. [Page 7 par. 22] # 14 By Steven Kramer: Do you recall ever giving Mr. Damiano your fax number? [page 67 par. 15] # 15 Elliot Mintz: Yes # 16 By Steven Kramer: Thank you. When you need to reach Mr. Dylan, how do you reach him? [page 69 par. 3] # 17 Elliot Mintz: I call him. # 18 By Steven Kramer: At his home? # 19 Elliot Mintz: If he is in Los Angeles, yes. If he is on the road I try and locate him that way. [page 69 par. 7] # 20 At Mr. Mintz's deposition: [page 31 para. 22 through page 33 para. 13] Mr. Mintz testified: # 21 By Steven Kramer: Have you ever spoken to Mr. Damiano? # 22 Elliot Mintz: I have. # 23 By Steven Kramer: Have you ever lied to Mr. Damiano? # 24 Elliot Mintz: Yes. # 25 By Steven Kramer: Can you list for me the times that you lied to him?

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# 26 Elliot Mintz: First of all, all of my conversations with Mr. Damiano were telephonic. To the best of my knowledge, I have never met him. During the course of these telephone conversation you are asking for specific examples- # 27 NOTE: As per the testimony of Mr. Mintz, the record reflects that a conversation took place between Mr. Mintz and Mr. Damiano in April of '91. This conversation was recorded on tape. In said conversation and in Mr. Mintz own words he documents the date of the conversation by stating to Mr. Damiano So as of today, as of this moment, as of the end of April 1991,". This conversation is chronologically important and of extreme importance in it's context. # 28 NOTE. Mr. Mintz testified to being in correspondence with Mr. Damiano, one and a half years prior to this recorded conversation. [Mr. Mintz also testified to being in correspondence one year and five months after this conversation. A total of two years and eleven months of correspondence between Mr. Mintz and Mr. Damiano.] # 29 By Steven Kramer: Now, and I think your counsel has shown you the spot on the transcript that I am referring to, that I have in my notes. In April of "91, do you remember stating to Mr. Damiano, sir, "I remember talking to you very clearly a year and a half ago, and part of getting on the right track would be never calling this number at the hour you called over the weekend." Do you recall saying that? [page 72 par. 19] # 30 Mr. Mintz: I do. # 31 Second the court should please note that Mr. Mintz's statement "I remember talking to you very clearly a year and a half ago", documents Mr. Mintz's involvement with James Damiano one and a half years prior to Mr. Mintz's statement. A study of the context of this statement and viewed chronologically is of vital importance in evaluating the credibility of Mr. Mintz's testimony and will be referred to later in this brief. # 32 Also, Mr. Mintz's statement "part of getting on the right track would be" is a clear cut statement informing Mr. Damiano, that Mr. Mintz, believes that Mr. Damiano is capable of getting on the right track. # 33 Not only does Mr. Mintz testify to admitting that Mr. Damiano is capable of getting on the right track, he even proceeds to tells him what not to do to get on that track. "Part of getting on the right track would be never calling this number at the hour you called over the weekend." # 34 Not ironically, Mr. Mintz also states to Mr. Damiano in this same conversation "So I'm hoping that this conversation will be our last one with respect to this matter." The court should ask what other matter would Mr. Mintz have with Mr. Damiano? # 35 Referring to the same April 1991 recorded conversation between Mr. Mintz and Mr. Damiano, Mr. Mintz testified: # 36 By Steven Kramer: But you knew from conversations with Mr. Damiano, did you not, sir, that he had consulted lawyers about his claims? In fact, when he told you that, you made comments that connoted some feeling that you wanted to not have any further contact with him. Would that be fair? [page 50 par.] # 37 Elliot Mintz: I recall him mentioning to me that he had consulted an attorney. Once he said that he had consulted an attorney. I thought that, that would be an appropriate point for us not to have any additional conversations.[page 50 par. 9] # 38 Mr. Mintz's testimony reflects conflict: This testimony compared chronologically reflects total conflict: # 39 Mr. Mintz's first testimony, "I remember talking to you very clearly a year and a half ago."[circa April 1991] , documents correspondence between Mr. Mintz and Mr. Damiano as far back as November of 1989, one and a

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half years prior to Mr. Mintz testifying that he thought April 1991 " was an appropriate point to not have any additional conversations" with Mr. Damiano. # 40 Why did Mr. Mintz, keep in correspondence with Mr. Damiano from November of 1989 to April of 1991. # 41 Even more ironic and revealing of Mr. Mintz's involvement with Mr. Damiano is the fact that even after Mr. Mint testified that he thought April 1991 was an appropriate point to not have any additional conversations with Mr. Damiano, he still in fact did keep in correspondence with Mr. Damiano. Mr. Mintz testified to the fact that he was still having conversations with Mr. Damiano in October of 1992. If Mr. Mintz thought to not have any additional conversations with Mr. Damiano why did he proceed to do so? # 42 Of equal importance is what was discussed between Mr. Damiano and Mr. Mintz during this period. Testimony reflects that Mr. Mintz's testimony is once again in blatant conflict: Let's look at this statement once again # 43 Elliot Mintz: "Once he said that he had consulted an attorney, I thought that would be an appropriate point to not have any additional conversations." # 44 Note . The fact remains that Mr. Mintz did indeed keep on talking to Mr. Damiano until October of 1992. # 45 Comparing Mr. Mintz's April 1991 statement to Mr. Damiano "I remember talking to you very clearly a year and a half ago" [circa 1991] to Mr. Mintz's testimony " I thought that would be an appropriate point to not have any additional conversations" [referring to circa April 1991] , one must ask why Mr. Mintz was talking to Mr. Damiano one and a half years prior to thinking the thought "I thought that would be an appropriate point to not have any additional conversations." # 46 One can conclude that Mr. Mintz is not telling the truth :Let us compare side by side what Mr. Mintz testified to saying to Mr. Damiano to what he testified to in his sworn deposition: Statement # 1 Statement # 2 [Circa April 1991] [Circa April 1991] "I remember talking to you "I thought that would be an very clearly a year and a appropriate point to not have half ago" have any additional conversations." # 47 Statement # 3 Statement # 4 Part of getting on the right "I thought that would be track would be never calling an appropriate point this number at the hour you to not have any additional you called over the weekend." conversations." # 48 Note: This "I remember talking to you very clearly a year and a half ago and part of getting on the right track would be never calling this number at the hour you called over the weekend" was stated to Mr. Damiano by Mr. Mintz in the April 1991 recorded conversation." Mr. Mintz also testified to having almost a half a dozen conversations with Mr. Damiano: [page 131 par. 25 through 132 par. 25] # 49 By Steven Kramer: When I just said, when you said you said in the transcript that you discussed it with Mr. Dylan, that would be a lie; correct? # 50 Elliot Mintz: Correct.

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# 51 By Steven Kramer When you said to Mr. Damiano that Mr. Dylan had no recollection of receiving those things, that was a lie? # 52 Elliot Mintz: Correct. # 53 By Steven Kramer: When you said that Mr. Dylan told you that he did not take any songs, that was a lie? # 54 Elliot Mintz: Correct # 55. By Steven Kramer: When you said - - just to speed this up, at 152, the top of the page. When you said to Mr. Damiano, "I can't help out more than I have helped out. We have had almost a half a dozen conversations. I have asked Bob - - "That is Bob Dylan? # 56 Elliot Mintz: Yes, sir. # 57 By Steven Kramer: "I have asked Bob the questions that you wanted to have asked to Bob." That was a lie: correct? # 58 Elliot Mintz: Yes # 59 Continuing into the deposition of Elliot Mintz and comparing the statements made to James Damiano by Mr. Mintz as opposed to his sworn testimony . Let us compare: # 60 Statement # 5 Statement #6 Date of statement April 1991 Referring to April 1991 "Part of getting on the right "I thought that would be an track would be never calling appropriate point for us this number at the hour you not to have any additional called over the weekend." conversations." # 61 Mr. Mintz's statement "Part of getting on the right track would be" clearly displays Mr. Mintz's intentions to have further correspondence with Mr. Damiano. # 62 Mr. Mintz also does not ask Mr. Damiano, to not call him any more. "Part of getting on the right track would be never calling this number at the hour you called over the weekend." # 63 Statement # 7 Statement # 8 Date of statement April 1991 Referring to April 1991 " I have asked the questions " I thought than would be an that you wanted to have appropriate point for us asked to Bob." not to have any additional conversations." # 64 Note: The court should also note that this testimony by Mr. Mintz, documents that as far back as November of 1989, Mr. Mintz was having correspondence with James Damiano yet, in October of 1992 one month shy of three years later Elliot Mintz testified to still having conversations with Mr. Damiano even though Mr. Mintz testified :

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# 65 Once again Mr. Mintz's testimony is in direct conflict. Mr. Mintz testified to admitting that in an April 1991 conversation with James Damiano, after Mr. Damiano mentioned the word attorney to him Mr. Mintz, concluded that he should not have any more contact with Mr. Damiano yet, Mr. Mintz testified that a year and a half later, in April 1991 he was still talking to James Damiano. # 66 By Steven Kramer: When was the last time you recall you have spoken to Mr. Damiano, sir? [page 173 par. 11] # 67 Elliot Mintz: What does the transcript reflect? The tape, what date did he affix to it? I will go by whatever he put on the page. It seemed accurate to me. # 68 [Note] Mr. Mintz's testimony "Once he said that he had consulted an attorney, I thought that would be an appropriate point for us not to have any additional conversations" is in reference to the April 1991 recorded phone conversation between James Damiano and Elliot Mintz. Mr. Mintz's testimony reveals that in prior conversation the word "attorney" had not been mentioned by Mr. Damiano. [As per Mintz deposition] [emph. added] # 69 [NOTE] Also as per Mr. Mintz's testimony that if the word had been mentioned Mr. Mintz would not have had any more correspondence with Mr. Damiano. # 70 By Steven Kramer: The second transcript, I believe is October '92, if I am not mistaken. Is it your testimony that the last time you spoke to Mr. Damiano was October of 1992, sir? # 71 Elliot Mintz: I don't recall any conversations with Mr. Damiano after this. # 72 By Steven Kramer: Let's see if that is the last date that appears on this transcript # 73 Elliot Mintz: Sure. # 74 By Mr. Snyder: The last date that appears on a transcribed conversation is October 2 of 1992. That is bates stamped 227 and 228. # 75 By Mr. Kramer: Is it your testimony, sir, that you have not spoken to Mr. Damiano since October of '92. # 76 Mr. Mintz: I have no recollection of it no. [page 174 par. 9] # 77 Mr. Mint testified to being in correspondence with Mr. Damiano for a total of two years and eleven months, one month shy of three years, between the dates of November 1989 to October of 1992. # 78 By Steven Kramer: Do you recall stating the following to Mr. Damiano, sir? This is regarding some faxes that he sent to you. So you have it in context. He asks you the following question: "Are you going to send me my songs back that I faxed to you?" And you replying, "Uh, they wouldn't even show up on the fax, because the quality of the original faxes came through to me - - in other words, they didn't print out that well. They will just be kept in a safe place." Do you remember saying that to Mr. Damiano? [page 47 par. 5] # 79 Mr. Mintz: I do recall saying that. # 80 By Steven Kramer: Was that a lie? # 81 Mr. Mintz. No. # 82 By Mr. Kramer: What safe place were they kept in?

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# 83 Mr. Mintz: In a file cabinet. # 84 By Steven Kramer: Are they still there? # 85 Mr. Mintz. No. # 86 By Steven Kramer: I'm sorry . Are they in existence? # 87 Mr. Mintz: No # 88 By Steven Kramer: Were they destroyed? # 89 Elliot Mintz: The only way I can answer the question is to let you know that when the faxes originally came through my machine, the printing was virtually illegible for one reason or another. [Page 48 para 12] # 90 At page 48 paragraph 12, of his sworn deposition Mr. Mintz changes his testimony testifies' to the fact that the faxes came through his machine hit the air then disappeared. Faxes don't normally do that. # 91 Comparing Mr. Mintz's statement "for one reason or another" to what he next testified to at page 50 paragraph 23, of his sworn deposition, one must wonder why Mr. Mintz suddenly had a compelling need to explain why the faxes from Mr. Damiano were allegedly illegible. # 92 Mr. Mintz first testified to "The print was virtually illegible for one reason or another # 93 In Mr. Mintz's next testimony regarding the quality of the Mr. Damiano's faxes to him, Mr. Mintz states "The papers that I had destroyed were illegible papers as a result of the disappearing fax ink process." # 94 May we compare the two statements side by side: # 95 Statement # 9 Statement # 10 1. "For one reason or 2. As a result of the another" disappearing fax ink process" # 96 Statement # 1. Mr. Mintz's statement # 2 reveals doubt as to why the faxes were allegedly illegible however in Mr. Mintz testimony at statement # 2 he claims to not know why the faxes were illegible. It is this change in Mr. Mint'z testimony that reveals and documents Mr. Mintz dishonesty, total disregard for the truth, and his attempt to mislead the court. Again quote : "For one reason or another" # 97 Statement # 2. Mr. Mintz's statement, reveals no doubt as to the alleged reason the faxes were allegedly illegible. Why? Again quote : " As a result of the disappearing fax ink process. # 98 Why is Mr. Mintz's first testimony different than his second? # 99 May we now compare more of Mr. Mintz's testimony. Not only did Mr. Mintz change his testimony concerning the alleged reason that the faxes were allegedly illegible, but he also changed his testimony

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concerning the alleged description and condition of Mr. Damiano's faxes. # 100 Mr. Mintz changed his testimony after testifying that the faxes were "virtually illegible" to "The papers that I had destroyed were illegible papers as a result of the disappearing fax ink process." [page 50 para. 23] # 101 Mr. Mintz's testimony at [50. 23] leaves an open question as to whether or not the faxes had print on them him when he proceeded to file them in a file cabinet in his office. However sooner or later Mr. Mintz will have to define the word "virtually" to the court and answer yes or no to whether there was readable print on the faxes that came out of his machine. Either way even though he's changed his testimony from one statement, to another, to another Plaintiff needs not say anymore and the court should grant a motion for the impeachment of Mr. Mintz as a witness. # 102 Note: Mr. Mintz will have to decide which one of his testimonies he would like to choose for the jury to believe. The first: "Uh, they wouldn't even show up on the fax" the second: "In other words they didn't print out that well" The third: "They were virtual illegible" or the fourth : "The papers that I had destroyed were illegible papers as a result of the disappearing fax ink process." Mr. Mintz's testimony at page [50 para. 23] # 103 It is my understanding that it would take at least seven years for the ink to disappear on a fax if not ten years. I'm sure Dylan's management uses all state of the art equipment which is years ahead of its time. In fact the Plaintiff still has in his possession the original fax receipts, documenting exact date of which the referenced faxes are referred , and the print is still to this date and five years later extremely legible .Let us compare Mr. Mintz's testimony side by side. # 104 Let us compare: Statement # 11 Statement # 12 October 1992 April 1991 " In other words they didn't " I thought that was an print out that well they'll appropriate point to not just be kept in a safe place" to not have any additional conversations." # 105 Then to top it all off Mr. Mintz testified that he took those blank pieces of paper, and put them in a file cabinet until he decided to destroy them by shredding them four or five years later. # 106 By Steven Kramer: You use the word "shred," is it that you shredded those documents, sir? [page 174 para. 14] # 107 Elliot Mintz: Yes. As a matter of course, I shred all of my documents. # 108 Please note not to mention the fact that Mr. Mintz destroyed the faxes anyway. # 109 Relating back to Mr. Mintz's admission of stating to James Damiano "Uh, they wouldn't even show up on the fax, because the quality of the original faxes, came through to me, in other words they didn't print out that well." # 110 A jury would have to believe that Mr. Mintz, eluding to the fact that he said to Mr. Damiano "Uh, they wouldn't even show up on the fax," is blatantly in direct conflict with another statement made by Mr. Mintz in the very same paragraph referring to the faxes when he testified that he stated to Mr. Damiano "in other words they didn't print out that well" # 111 There is a blatant conflict between the phrase "Print out that well" and "They wouldn't even show up on

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the fax". Let us compare side by side what exactly Mr. Mintz did testify to saying: Statement #13 Statement # 14 "They wouldn't even "They didn't print out show up on the fax." that well" # 112 To conclude that there is no difference between the four statements is absurd. It was only later, in his deposition, that Mr. Mintz developed the idea and took the position that the faxes did not print out at all and that they were "virtually illegible for one reason or another" which is in blatant conflict to what he testified to saying to James Damiano that "They didn't print out that well" to "They wouldn't even show up on the fax" to what he testified to the second time in his deposition that "The papers that I had destroyed were illegible papers as a result of the disappearing fax ink process." # 113 There is no difference between changing a testimony and changing a story, However there is no way to change the truth. # 114 The fact that Mr. Mintz initially testified to the fact that he stated that " The faxes did not print out 'that well'" is a blatant admission that the faxes did indeed print out, if not as good as a freshly typed page, at least to the extend that they would be recognizable enough for someone to at least able to identify who the faxes came from. Any juror could conclude by Mr. Mintz's statement that these two statements made by Mr. Mintz are in direct conflict of each other. This is a blatant lie spoken by, admitted by, and testified to by Elliot Mintz. # 115 The blatancy of the conflicting testimony within the deposition of this witness in an insult to the integrity of this court. # 116 Mr. Mintz then testified he said to Mr. Damiano concerning Mr. Damiano's materials "so they will just be kept in a safe place". # 117 There would be no reason to keep twelve pieces of blank paper in a safe place which brings us to the next blatant lie of Mr. Mintz. # 118 If all of the above does not convince the court that Mr. Mintz is a blatant chronic liar perhaps more conflictive testimony will reinforce the nature of his disgraceful integrity. # 119 Other testimony that goes even further than far beyond just a suggestion of Mr. Mintz's dishonesty is the fact that, if there was nothing on the page, how would Mr. Mintz, know the faxes were sent to him by Mr. Damiano or someone associated to Mr. Damiano. # 120 Mr. Mintz testified to the fact that he knew the faxes were sent by Mr. Damiano or someone associated with Mr. Damiano. # 121 By Steven Kramer: Let me make sure I am clear, so the record is clear. You don't dispute the fact that these were, in fact, and I think you have said it, they came from Mr. Damiano? Yes, these documents, these pieces of paper? [page 54 para. 3] # 122 Elliot Mintz: They came through my fax machine. Could I say for an absolute certainty that they came from Mr. Damiano, I couldn't say for an absolute certainty. It would be my guess that he sent them to me. It could have come from somebody else, somebody who he was involved with possibly. # 123 Other sworn testimony from Mr. Mintz's secretary Ms. Capre again goes of even further beyond just a suggestion of Mr. Mintz's dishonorable, disgraceful disregard for the truth. Mr. Mintz's own secretary Ms. Capre testified that she could read the faxed material from Mr. Damiano:

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# 124 By Steven Kramer: Do you remember receiving any faxes from Mr. Damiano, my client? # 125 Ms. Capre: I do recall receiving a fax from him, but I did not - -have time to look at it. It did not relate to what I was currently working on. We got a lot of faxes each day. Unless it pertained to me, in something that I was working on, I wouldn't have time to read it and I would just put it on his desk. [Capre deposition page 14 para. 18] # 126 No where in Ms. Capre's testimony does she state that the faxes were illegible. It is obvious that she had no problem reading the fax from Mr. Damiano. Ms. Capre's testimony is in direct conflict with Mr. Mintz's statement "They wouldn't even show up on the fax" to They didn't print out that well", and "They were virtually illegible." again reiterating the degree of Mr. Mintz's dishonesty. # 127 May we again compare the two different testimonies: Statement # 15 Statement # 16 # 128 Mr. Capre's Mr. Mintz's testimony testimony "I do recall receiving a fax "They were virtually from him" illegible" # 129 This blatant obvious, conflictive testimony does not end there. Mr. Mintz on to testify : # 130 Mr. Mintz then testified: With respect to the fax paper, I don't think it would make any difference at all. In retrospect, if I came in here with 12 blank pieces of paper. # 131 Mr. Mintz's sworn testimony at page 50 para. 9 is again in blatant conflict with his sworn testimony # 132 By Steven Kramer: But you knew from conversations with Mr. Damiano, did you not, sir, that he had consulted lawyers about his claims? In fact, when he told you, you made comments that connoted some feelings that you wanted to not have any further contact with him. Would that be fair? # 133 Elliot Mintz: I recall him mentioning to me that he had consulted an attorney. Once he said that he had consulted an attorney. I thought that that would be an appropriate point for us not to have any additional conversations. # 134 Once again Mr. Mintz changes his testimony: # 135 By Steven Kramer: As of the time he said, "these people befriended me for eleven years, " did you understand these people that he is referring to, he was talking to people at CBS? # 136 Elliot Mintz: Referring to the transcript, in his own words, he does not say these people at CBS." Mr. Mintz is correct. They are not Mr. Damiano's words. The actual person who spoke the words "these people at CBS" were Mr. Mintz himself quote "but if you have some kind of legal problem with CBS then get the attorneys to contact these people at CBS.".....[page 128 para 7] # 137 By Steven Kramer: Who did you think he meant before you jumped to the opinion that he was delusional? Who did you think he meant by these people"? [page 128 para. 8] # 138 Elliot Mintz: It was my feeling that he was associating himself with people he claims over a period of eleven years. What kind of people. I don't know other fans perhaps."

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# 139 By Steven Kramer: Did you have any idea who he meant by "these people befriended me for eleven years"? Yes or no? # 140 Elliot Mintz: Did I have a specific idea as to who these people were that he was talking about, no. # 141 Let us compare two statements testified to by Mr. Mintz: # 142 Statement # 17 Statement # 18 "Did I have a specific idea as "But if you have some kind to who these people were he legal problem with CBS was talking about, no." get the attorney's to contact these people at CBS." The Deposition continues: # 143 By Mr. Mintz: "Did I have a specific idea as to who these people were he was talking about, no. # 144 Steven Kramer: Yet you are telling the jury that even without a semblance of an idea of who he was meant, you cite that statement, "these people befriended me for eleven years.' as evidence of Mr. Damiano suffering from a delusional? [page 128 para. 22] The absurdity continues: # 145 By Steven Kramer: Do you recall saying the following to Mr. Damiano, sir - - You state at the top of the page, or at least it appears that you state, "My job here is to pass along information to Bob." Do you recall saying that sir? [page 75 par. 10] # 146 Mr. Mintz: Yes. # 147 By Steven Kramer: bob , of course, is Bob Dylan? # 148 By: Elliot Mintz: Yes # 149 By Steven Kramer: You say "Which I think I have." Do you see that sir? # 150 Mr. Mintz: Yes. # 151 By Steven Kramer: Did you say that? # 152 Mr. Mintz: Yes # 153 May we now once again compare Mr. Mintz's testimony. Mr. Mintz testified to having the transcribed conversation with Mr. Damiano. A side by side comparison reveals the nature of Mr. Mintz's dishonesty: # 154 Statement # 19 Statement # 20 "My job here is to pass along " In my opinion Mr. Damiano information to Bob." was at the time of these telephone conversations delusional # 155 Deposition continued: # 156 Statement # 21 Statement # 22 "Which I think I have." " I thought that would be an appropriate point to not have any additional conversations" # 157 By Steven Kramer: ....to exhaust your recollection and tell the jury every time you lied to Mr. Damiano. Then I will ask you, have you now exhausted your recollect, so I hear everything now. # 158 Elliot Mintz: To the best of my recollection, I may have lied to Mr. Damiano when I have told him, "I cant'

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talk with you any further, I have another call pending." I would be on the telephone and I would be buzzed and I'd tell him, "Something very important has come up, I cannot continue this." Many times, not many times, but on those occasions when he would ask me to pass along information to Mr. Dylan, I may have said to him, "I will try to pass it along," or words to that effect.[page 32. para. 25 through page 33 para. 11.] # 159 NOTE: Please note that these statements were only a some of many statements made to Mr. Damiano, and recorded on tape. # 160 By Steven Kramer: "What are your duties -- what have been your duties with Mr. Dylan in the last ten years, sir? # 161 Elliot Mintz responded: My duties fall under two basic categories. One is to function as a media relation�s person or press person between Bob and the media. "The second is to deal with what we refer to as delusional fans, problematic people who enter Mr. Dylan's life." [Page 10 par. 18 of deposition] # 162 By Steven Kramer Are you telling the jury that Mr. Damiano was delusional? Yes or no? I want the answer to that question please. If you would be so kind. Yes or no, was Mr. Damiano delusional? # 163 Elliot Mintz responded: In my opinion, Mr. Damiano was at the time of these conversations delusional. [page 82 par. 16] # 164 May we now compare Mr. Mintz's testimony: # 165 Statement # 23 Statement # 24 "In my opinion Mr. Damiano "Many times, not many times was at the time of theses but on those occasions, when conversations delusional." he would ask me to pass along along information to Mr. Dylan I may have said to him "I will try to pass it along." # 166 Mr. Mintz's Testimony: [page 45 para. 20] # 167 By Elliot Mintz: Under the subject of mistruths spoken to your client, during the course of these telephone conversations, he would frequently ask me to pass along information, ask questions about Bob, or to Bob about him. I, in fact told him that I would and that I did." # 168 Let us compare the irony of Mr. Mintz's testimony: # 169 Statement # 25 Statement # 26 "In my opinion Mr. Damiano "On those occasions when he was at the time of these would ask me to pass along conversations delusional." information to Mr. Dylan, I may have said to him I'll try and pass it along or words to that effect. # 170 Mr. Mintz testified to the jury that he thought Mr. Damiano was delusional yet he told Mr. Damiano that he was passing along what something of Mr. Damiano's to Bob Dylan. Whether Mr. Mintz identifies that something as information the fact is Mr. Mintz testified that he had in his possession Mr. Damiano's songs. Once again Mr. Mintz's testimony: # 171 1. "My job here is to pass along information to Bob." # 172 2. "Which I think I have" # 173 3. I have asked Bob the questions that you wanted to have asked to Bob. Comparison of testimony: # 174 Statement # 27 Statement # 28 "I have asked Bob the "It is my opinion that Mr. questions that you wanted Damiano was at the time to have asked to Bob." of these conversations delusional." # 175 Statement # 29 Statement # 30 "I have relayed the messages " In my opinion Mr. that you wanted then to relay Damiano was at the time of to Bob." these conversations, delusional." # 176 Statement # 31 Statement # 32 "In my opinion Mr. Damiano "It is, my job here to pass was at the time of these along information to Bob." conversations delusional." # 177 Mr. Mintz testified:[page 6 para. 3 through para. 25]

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# 178 By Steven Kramer: Do you have any formal training sir? # 179 Elliot Mintz: In psychiatry, no. # 180 By Steven Kramer: Psychology? # 181 Elliot Mintz: No. # 182 By Steven Kramer: Have you taken any seminars in psychology, psychiatry or mental health? # 183 Mr. Mintz: No # 184 By Steven Kramer: Have you written any books about it ? # 185 Elliot Mintz: No. # 186 This testimony by Mr. Mintz goes without saying nor having to say anything about credibility: # 187 Further testimony: There is no answer for this absurd testimony of Mr. Mintz. Mr. Mintz's testimony id in blatant conflict with each and every one of these statements made by Mr. Mintz in his sworn deposition. How many more lies will it take to dig Mr. Mintz out of this web of lies. # 188 By Steven Kramer: You continue. "I have relayed the messages that you wanted to then relay to Bob." Got that? That was a lie? [page 132 para. 11] # 189 Mr. Mintz: Yes. # 190 Let us compare: # 191 Statement # 33 Statement # 34 " I have relayed the messages "I thought that would be you wanted then to relay an appropriate point Bob." to not have any additional conversations." # 192 How the court allows this absurdity to continue is beyond all imagination however this is a documented account of the record # 193 By Steven Kramer: When you said that to Mr. Damiano, "Which I think I have" were you lying to him? [page 76 par 21] # 194 Mr. Mintz: I was misstating the truth because- # 195 By Steven Kramer: Going further down, sir. About midway, you say - - let's just put this in context. James Damiano says, "You do remember about a year ago when I was at work, about a year and a half ago, when I was at work and I asked you if you knew of anything, remember, you said Bob Dylan had the songs in his suitcase and that he was going to read them." The transcript states you said "No, I never said that?" Then Mr. Damiano says, you don't remember saying that? Then you say, "No, I did not say that. I remember our conversation, because I checked my notes, that you said you gave some songs to a bus driver who claims he put them on Bob's bus." Did you say those things? [page 77 par. 18] # 196 Elliot Mintz: Did I say those things to Mr. Damiano? # 197 By Steven Kramer: Yes # 198 Elliot Mintz: Yes

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# 199 By Steven Kramer: When you say, "I checked my notes," were you lying to him? # 200 Elliot Mintz: I was not speaking the truth correct. # 201 By Steven Kramer: Assuming the date to be correct, sir, would it be fair to state that you comment at page 148, towards the bottom of that paragraph, "Now if you feel that in some way you have been wronged here and you have spoken to attorneys about this, I am not a lawyer an I am not in a position to make any legal judgment, but if you have some kind of a legal problem with CBS, get the attorneys to contact these people at CBS." would it be fair to state that you made that statement, if we are just trying to pinpoint what came first, the chicken or the egg, that statement came before apparently years before, four years before you destroyed the documents: correct? # 202 Mr. Mintz: Oh the faxes that disappeared, yes. Years before. Years before. # 203 By Steven Kramer: When you said that to him were you being sincere? # 204 Mr. Mintz: I was not being sincere. [page 121 par. 1 to 5] # 205 Although Mr. Mintz is testifying that he lied to Mr. Damiano in an attempt to save face and make it appear that he is retracting all his statements of solicitation Mr. Mintz's is once again in blatant conflict with his testimony. # 206 Let's compare the two different testimonies: # 207 By Steven Kramer: I would like to ask you in point of time, Mr. Mintz, if you would, sir, whether the statement that you made on page 148 occurred before or after you destroyed the faxes that you referred to earlier? # 208 By Mr. Snyder: You are referring now to the document that begins with Bates stamp No. 143? # 209 By Steven Kramer: Referring - # 210 By Mr. Snyder: Well, does the documents begin at 143? # 211 By Steven Kramer: I don't know. I pulled it out. # 212 Mr. Snyder: It does and it is dated April, 1991. It comes from a document dated April, 1991. # 213 By Steven Kramer: Assuming the date to be correct, sir, would it be fair to state that your comment at page 148, towards the bottom of that paragraph , "Now if you feel that in some way you have been wronged here, and you have spoken to attorneys about this, I am not a lawyer, and I am not in a position to make any legal judgment, but if you have some kind of legal problem with CBS, get the attorneys to contact these people at CBS," [circa April, 1991] would it be fair to state that you made that statement, if we are just trying to pinpoint what came first the chicken or the egg, that statement came before, four years before you destroyed the documents: correct? [pg. 119 through 120 par. ] # 214 Elliot Mintz: Oh, the faxes that disappeared, yes. Years before. Years before. # 215 When comparing the absurdity of Mr. Mintz's conflicting testimony " But if you have some kind of legal problem with CBS, get the attorneys to contact these people at CBS." to Mr. Mintz's testimony at [ page 128 para. 6] "Referring to the transcript, in his own words he does not say these people at CBS" to Mr. Mintz's testimony on page 119 & 120 "but if you have some kind of legal problem with CBS, then get the attorneys to contact these people at CBS" is blatant proof that Mr. Mintz cannot keep his lies straight. This changed testimony is reason enough for the impeachment of Mr. Mintz as a crucial witness and definite

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grounds for reversal. Compared below side by side are the two statements: # 216 Statement # 35 Statement # 36 "In his own words he does not "but if you have some kind of he does not say these people legal problem with CBS, then these people at CBS." get the attorneys to contact these people at CBS." # 217 And once again testimonial conflict: # 218 Statement # 37 Statement # 38 "It is my opinion that "but If you have some legal Mr. Damiano was at problem with CBS, then get the time of these the attorneys to contact these conversations, was people at CBS." delusional. # 219 Mr. Mintz's emphatically continues to perjure himself: Additional testimony attempting to explain Mr. Mintz's involvement with James Damiano proves to be in direct conflict with his initial testimony is transcribed below. Once again Mr. Mintz changes his testimony: # 220 By Steven Kramer: [page 132 para. 16] Going to 153, you agree with me that this statement at the bottom, your last statement, quote - - in point of time, "Then you have got a real gripe with them. With these people. That is who you have the gripe with." You made that statement before you destroyed the faxes: correct? # 221 Elliot Mintz: These conversations were recorded in 1991? # 222 By Steven Kramer: Yes I just want the jury to be clear about the point of time that all these statements were made prior to the destruction of the documents: correct? # 223 Elliot Mintz: That is true. Yes. # 224 Back tracking to what Mr. Mintz testified to saying to Mr. Damiano "Then you have a real gripe with them. These people. That is who you have the gripe with" and comparing it to Mr. Mintz's testimony at page 128 paragraph 6 "referring to the transcript, in his own word he does not say these people at CBS", Mr. Mintz then suddenly once again changes his testimony from his very previous testimony and answers Mr. Kramer's next question: # 225 By Steven Kramer: [page 128 para. 8] Who did you think he meant before you jumped to the opinion that he was delusional? # 226 Elliot Mintz: It was my feeling that he was associating with people he claims over a period of eleven years. What kind of people, I don't know. Other fans perhaps. They tend to gravitate to each other. We notice that profiles live with one another. # 227 It is obvious that Mr. Mintz just lies whenever he feels. Let us compare Mr. Mintz's testimony side by side: # 228 Statement # 39 Statement # 40 "Then you have a real gripe "Other fans perhaps" with them. These people. That is who you have the gripe with." # 229 Blatant conflict: # 330 Statement # 41 Statement # 42 "But if you have some kind of "Other fans perhaps" legal problems with CBS then get the attorneys to contact these people at CBS." # 331 The absurdity of Mr. Mintz's conflictive testimony is as highly an insult as a spit in the face. Let's go further: # 332 As of the time he (James Damiano) said, "These people befriended me for eleven years, " did you understand these people that he was referring to, he was referring to people at CBS? He wasn't talking to people

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at a car dealership or play baseball with him? # 333 Elliot Mintz: Referring to the transcript in his own words he does not say these people at CBS. # 334 By Steven Kramer: Who did you think he (James Damiano) meant before you jumped to the opinion that he was delusional? Who did you think he meant by " these people"? # 335 Mr. Mintz: "It was my feeling that he was associating with people he claims over a period of eleven years. What kind of people, I don't know. Other fans perhaps. They tend to gravitate to each other. We notice that profiles live with one another." # 336 Beside a tremendous lack appreciation of the mere people who buy Dylan's albums and buy Bob Dylan concert tickets, and besides Mr. Mintz's again changing testimony Plaintiff notes to the court that, Mr. Mintz's testimony is once again aversive, and in blatant conflict with his prior testimony. # 337 On October 10th, 1992 in a recorded phone conversation between James Damiano and Mr. Mintz, and in which Mr. Mintz testified to having with James Damiano the record and transcript reflects: # 338 Mr. Mintz : James, I spoke to that man at CBS yesterday and I explained to him that there is nothing I can do. That I cannot deliver any written material to Bob. # 339 Mr. Damiano: The songs that I sent to you did you think they were any good? # 340 Mr. Mintz: I cannot render an opinion 'cause I have nothing to do with songwriting. It's not what I do. I'm the wrong guy to ask. I'm technically not in the music business. I don't know anything about them. But in terms of presenting any unsolicited material and sending it over to Bob, that is something I am not legally allowed not to do. I explained it to that man I spoke to yesterday as well." # 341 Mr. Damiano: To Anthony? # 342 Mr. Mintz: To Anthony and asked Anthony to explain it to you also. # 343 Mr. Damiano: So, Bob won't get to see blind leading the Blind? # 344 Mr. Mintz: Correct. In other words, there's a standard practice with all musicians, well, I won't say with all musicians, but I know with Bob that he's not allowed to look at unsolicited material. This is what avoids any technical problems in the future." # 345 Not ironically in the same October 10th, 1992 recorded conversation when asked by Mr. Damiano "Right I see, The number that you gave me is that in your home?" # 356 Mr. Mintz responded: "They all go to an answering service and the answering service cross connects to where ever I happen to be." # 347 Continuing the conversation: # 348 Mr. Damiano: So, if I faxed you something, you'll get it tonight? # 349 Mr. Mintz: Yes but if its another song, the response will be the same. I can't physically send it over to him. # 350 Plaintiff wishes to stop here and compare Mr. Mintz testimony at [page 48 para. 8] to statements made in the October 10, 1992 conversation that Mr. Mintz testified to having with Mr. Damiano..

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# 351 When Mr. Damiano asked Mr. Mintz "if I faxed you something You'll get it tonight" Mr. Mintz replied "Yes." # 352 May we compare testimony: # 353 Statement # 43 Statement # 44 "the printing was virtually "Yes " illegible. # 344 Statement # 45 Statement # 46 "Uh they wouldn't even show "Yes, but if it's up on the fax." another song." # 345 Continued "So if I faxed you something, you'll get it tonight?" # 346 Statement # 47 Statement # 48 "as a result of the disappearing "Yes, but if it's fax ink process" another song." #347 The testimony of Mr. Mintz in this litigation is shameful. It is a pity that a man can in a court of law just make up whatever answer he would like for the jury to believe.. # 348 Statement # 49 Statement # 50 "When the faxes originally "Yes but if its another song" came through my machine they were virtually illegible" # 349 Mr. Mintz's testimony is the epitome of dishonesty and disgrace. Mr. Mintz the extent of his disregard for the truth, for the court, for the intelligence of the court. Not to mention that all the words and statements compared have been Elliot Mintz's own words testified to under oath in a sworn deposition. # 350 It is evident that Mr. Mintz could not keep his lies straight. Mr. Mintz's deposition is a perfect example of the expression one lie leads to another. # 351 May it be known that one and a half years later in a recorded phone conversation between Mr. Mintz and Mr. Damiano, Mr. Mintz encouraged Mr. Damiano to write a letter to Bob Dylan: Mr. Mintz states: # 352 Mr. Damiano: Okay, well I'm going to fax you one of the new songs and it's one of the best I've ever written. # 353 Elliot Mintz: But James, didn't you hear what I just said? # 354 Mr. Damiano: Okay then I won't send it. # 355 Elliot Mintz: "This is my problem. I'm not allowed to. Legally I can't do anything with this written material. The only thing you can do is you can write a letter to Bob through CBS, and in that letter you can say to him, do you wish to receive any of my written material, any of my songs. # 356 May we now take time to think about this statement made to James Damiano by Mr. Mintz "you can write a letter to Bob" # 357 Mr. Mintz goes on: You can write a letter to Bob through CBS, and in that letter you can say to him. Do you wish to receive any of my written material any of my songs. Then if you should receive a letter from him, signed by him where he says yes I definitely want to receive the material , please send it to me, with his signature on it or a lawyer signing for him or something like that, then that is fine. Then he's asked for the stuff. If you hear nothing back from him or any legal representative then you have to conclude that he would rather write his own ." # 358 NOTE: Please note that the date that this statement was made by Mr. Mintz was October 10, 1992 after Mr. Mintz correspondence with Mr. Damiano for over two years and eleven months since as per Mr. Mintz's testimony [November of 1989][emph. added]. After Mr. Mintz received Mr. Damiano's materials he wanted Mr.

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Damiano to write a letter to Bob Dylan. Must we go through every sentence of this statement and compare it to Mr. Mintz's testimony. # 359 Let's just compare one of the statements: # 360 Statement # 51 Statement # 52 "But if you have some kind of "You can write a letter of legal problem with CBS, then to Bob, through CBS get the attorney's to contact and in that letter you can these people at CBS." say to him. Do you wish to receive any of my material any of my songs" # 361 Statement # 53 Statement # 54 "It is my opinion that Mr. "You can write a letter Damiano was at the time of to Bob, through CBS, these conversation delusional." and in that letter you can say to him, "Do you wish to receive any of material, any of my songs." # 362 Need Plaintiff say more: Mr. Mintz must be stopped. This blatant lying cannot go on any longer. It is by Mr. Mint's own testimony that he perjures himself to the court. Mr. Mintz must be impeached in regard to his credibility. The conversation continued: Mr. Mint'z testified that he read the transcript of this recorded telephone conversation and that he did not take exception to it. Also sating that the date affixed during discovery the conversation seemed "accurate" to him. # 363 Mr. Damiano: Okay are you going to send me my songs back that I faxed to you? # 365 Elliot Mintz: Uh, they wouldn't even show up on the fax cause the quality of the faxes came through to me. In other words they didn't print out that well. They'll just be kept in a safe place. # 366 Mr. Damiano: You will keep them in a safe place? # 367 Elliot Mintz: Yes # 368 Mr. Damiano: Well thank you Mitch. # 369 Elliot Mintz: I wish you well. # 370 May we back track to compare two statements Mr. Mintz testified to: # 371 Statement # 55 Statement # 56 "Under the subject of mistruths "It is my opinion that Mr. spoken to your client, during Damiano was at the time these conversations, he would of these conversations frequently ask me to pass along delusional." information, ask questions about Bob or to Bob about him. I in fact told him that I would and that I did. # 372 Statement # 57 Statement # 58 "They will just be kept in a "It is my opinion that safe place" Mr. Damiano was at the time of these conversations delusional." # 373 Comparing further the testimony of Mr. Mintz : # 374 By Steven Kramer: Going further down, sir. About midway, you say - - Let's just put this in context. James Damiano says, "You do remember about a year ago when I was at work, about a year and a half ago, when I was at work and I asked you if you knew of anything, remember, you said Bob Dylan had the songs in his suitcase and that he was going to read them." The transcript states you said, "No I never said that." Then James Damiano says, "You don't remember saying that?" Then you say, "No, I did not say that." # 375 Once again Statement two reflects Mr. Mintz's reply to the question did you say to Mr. Damiano that Bob

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Dylan had Mr. Damiano's songs in his suitcase and that he was going to read them. Please compare: # 376 Statement # 59 Statement # 60 Under the subject of mistruths "In my opinion Mr. Damiano was spoken to your client during at the time of these telephone these conversations, he would conversations, delusional" frequently ask me to pass along information, ask questions about Bob, or to Bob about him. I in fact told him that I would and that I did. # 377 Although the question was never asked, let us now ask what information did Mr. Mintz pass along to Bob Dylan concerning Mr. Damiano? Perhaps even more controversial is Mr. Mintz's testimony below:...[page 33 para. 7] # 378 Statement # 61 Statement # 62 "Under the subject of mistruths "Many times, not many times spoken to your client during but on those occasions, when these conversations, he would he would ask me to pass on frequently ask me to pass along something to Mr. Dylan, I may information, ask questions have said to him, "I will try to about Bob, or to Bob about pass it along," or words to that him. I in fact told him that I effect. [page 33 para. 7] would and that I did. # 379 May we compare the key phrase # 380 Statement # 63 Statement # 64 "I in fact told him" "I may have told him" # 381 Blatant conflict between testimony only: # 382 Statement # 64 Statement # 65 "That I would and "I will try to pass it that I did" along" # 383 Steven Kramer: Do you recall ever calling Mr. Damiano? # 384 Elliot Mintz: I honestly can't recall. # 385 [page 148 par.9] By Orin Snyder: He also states that in a later conversation you told him "Dylan read the songs and that he thought they were good and that he may use them." Did you say that to Mr. Damiano? # 386 Elliot Mintz: I did not say. # 387 Orin Snyder: To Mr. Damiano? # 388 Elliot Mintz: I did not say that to Mr. Damiano. I would never say such a thing to Mr. Damiano or to any other profile or suggest anything of that kind. # 389 By Orin Snyder: Why is that? # 390 Elliot Mintz: First of all, it is untrue, secondly, Bob Dylan does just fine. He writes and sings his own songs." # 400 NOTE. The date Mr. Mintz testified to making the statement "Bob Dylan does just fine, he writes and his own songs was made May 30th, 1996. # 401 Note: In a span of seven years from 1990 to 1997 Bob Dylan released only one newly written original song titled "Dignity". # 402 As of Mr. Mintz testifying to "Mr. Dylan writes and sings his own songs" It had been six years and six months that Bob Dylan had released one newly written original song. By Steven Kramer: Would you tell the jury what you believe is delusional in that statement, if you could just quote the words, literally quote the words. [page 93 par. 23]

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Mr. Mintz.: Quoting from 0147, where he says, "They brought me back stage. Dylan walked directly toward me. I handed him the book and he turned around and got on the bus." Then his sentence later indicates, Eleven years with CBS. They have taken my songs for eleven years." His final sentence, "I mean what's that all about?" Well I have problems with him. [page 94 par. 2 ] Mr. Mintz: Okay. By Steven Kramer: Go head. Mr. Mintz: The following would support that hypothesis, in my mind. I am quoting, "I mean, these people befriended me for eleven years." That is not the end of his sentence, Mr. Mintz seemed to have forgotten the fact that he had previously admitted and eluded to other facts in his testimony which blatantly conflict with his testimony. Should the court need to evaluate the credibility of Mr. Mintz's testimony any further it need just ask. May the court please note that Katheryn Baker testified that during her interview with Bob Dylan he stated to her that he did not have enough songs that he wanted to put on an album. From Katheryn Bakers deposition: "I went back in the transcript and that not entirely accurate what he did say was that he didn't have enough songs that he wanted to put on an album" Also from the Ms. Baker's deposition: By Steven Kramer: And was anyone else present at the interview?: . Baker: Yes Elliot Mintz who was at the time Bob Dylan's publicist. Elliot Mintz testified to the fact that as early as the middle of 1989 he was corresponding with James Damiano Tony Tiller testified: Tony Tiller: Jim and I were friends. I considered Jim a very good friend. By Steven Kramer: And after 91? Tony Tiller: I was promoted to associate director of marketing services. Referring to a Bob Dylan concert at Jones Beach theater in Long Island Mr. Tiller also testified: By Steven Kramer: Let's go back to the Jones Beach concert if we may to the time when you offered the tickets to Mr. Damiano before the concert actually took place ok? Mr. Tiller Uhm hum. By Steven Kramer: During that point in time, when you offered the tickets to him and before he actually went to the concert, did you ever say to him or suggest to him that maybe he should bring some of his songs with him. By Mr. Tiller; No I did not. By Steven Kramer: Any, do you deny saying that or is it that you just don't recall one way or the other? By Mr. Tiller: I deny suggesting to Jim that he bring songs along with him. I did however concur with him when

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he asked me do you think I should bring my songs with me, I said sure why not what could it hurt.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JAMES DAMIANO Plaintiff CV (95-4795-(JBS) -againstSONY MUSIC ENTERTAINMENT INC and BOB DYLAN Defendants PLAINTIFF'S APPEAL-OF JUDGE JEROME B. SIMANDLE'S MEMORANDUM OPINION OF FINDING JAMES DAMIANO IN CONTEMPT FOR VIOLATING JUDGE JOEL B. ROSENS CONFIDENTIALITY ORDER AND MOTION TO VACATE SAID ORDER.. Dated November 28, 1999 1. Defendants obtained a protective order designating all discovery materials as confidential granted by Judge Joel B. Rosen based on the allegation that For several years preceding this lawsuit, Mr. Damiano sought to commercially exploit his merit less allegations against Bob Dylan. a. Plaintiff contests both statements "commercially exploit" and "Merit less allegations" 2. Orin Snyder's certification in support of defendants' motion to hold James Damiano in contempt for violations of said protective order begins with the title language "Damiano's Pre-Litigation Attempts to Profit From His fraudulent Allegations." 3. This is the same language that defendants used to obtained said protective order. ( A true and correct copy of the pages containing this language is attached here to see Exhibit A) 4. Plaintiff contests the statement "fraudulent allegation" made in this statement and draws the attention of the court to a letter sent to James Damiano dated May 7, 1996 from the Library of congress containing the exact language quoted herin : "Dear Mr. Damiano: This is in response to your expedited request received in our office on March 26, 1996 via Steven M. Kramer office for certified copies of the deposits PAU-103-561 and 3 others. A search conducted at the Copyright Offices Deposit Copy Storage Area disclosed that the deposit entitled Collective Songs By James Damiano registered under the number PAU 409-107 is in the progress of being transferred to the Washington National Record Center. At this time we are unable to provide you with a copy of that deposit. You may resubmit your request at a later date and we will conduct another search for no additional search fee. (A true and correct copy of the May 7, 1996 letter sent to Mr. Damiano from the copyright office is attached hereto as Exhibit B) 5. Exhibit B is dated May 7, 1996 however defendants were able to obtain months before Damiano received said letter from the copyright office.

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6. Page 206 of the James Damiano deposition displays E X H I B I T S FOR IDENTIFICATION # 42 marked as Mr. Damiano's certified 1982 copyright filing number PAU 409-107. This page factually documents that defendants had in their possession plaintiff's copyright filing on May 16, 1996 whereas nine days before the copyright office informed Mr. Damiano that it was unable to locate Plaintiff's copyright filing and that he may resubmit his request for certified copies of the filing at a later date preferably 180 days later. (A true and correct copy of the Page 206 of the James Damiano deposition is attached hereto as Exhibit C) 7. Again plaintiff draws the attention of the court to page 116 para 20 through page 117 para 15 of the Damiano deposition.] By Orin Snyder: Let me have the court reporter now mark, please, three documents for identification. First will be Mr. Damiano's certified 1988 copyright filing number TXU 547786 bearing plaintiff's Bates stamp L-003 through and including L 0073. Can we mark that as the next exhibit (Whereupon, Mr. Damiano's certified filing number TXU 547786 marked defendants' Exhibit 41 for identification as of this date.) By Orin Snyder : Next will be Mr. Damiano's certified 1982 copyright filing again certified with the number PAU 409-107 marked defendants' Exhibit 42 for identification as of this date. pages 116 through 117 of the James Damiano deposition further documents that defendants were able to obtain access to plaintiffs 1982 copyright filing months before plaintiff was able to obtain access.(A true and correct copy of page 116 para 20 through page 117 para 15 of the Damiano deposition is attached hereto as Exhibit D) 8. Defendants cannot deny this fact issue certifies a deficiency in the credibility of the copyright office. 9. May this court also take into consideration other scenarios that might come into play. During the James Damiano deposition plaintiff was caught dumbfounded when it appeared that song lyrics were missing from his copyright filing of materials deposited for registration to the Copyright office. How is it that the defendants were able to obtain access to plaintiff's 1982 copyright filing from the copyright office before plaintiff himself was able to obtain access to his own registration? This fact issue exhibited in Exhibit's B, C and D offers an explanation to the court. 10. PLAINTIFF CAN ALSO SUPPLY THE COURT WITH OTHER DOCUMENTATION CONCERNING DEFENDANTS ACCESS TO PLAINTIFF'S COPYRIGHTS BEFORE PLAINTIFF WAS ABLE TO GAIN ACCESS. 10A. How is it that the copyright office supplied defendants with a certified copy of James Damiano's 1982 copyright filing on or before May 16th 1996 yet were unable to supply plaintiff with a copy until months later? 11. Plaintiff respectfully demands that Judge Simandle acknowledge with consideration, Exhibit's B, C and D in contention to defendants groveled description of plaintiff's allegations as being fraudulent and declare if not at least as neutrally as possible the fact that human error exists and that plaintiff's materials deposited to the copyright office could have been misplaced or lost either purposely or unintentionally. 12. Defendants highlight their own guilt by way of motion to the court to hold Damiano in contempt for allegedly violating Judge Joel B. Rosen�s order designating all discovery materials as confidential. 13. Plaintiff denies and contests Orin Snyder's allegation that James Damiano sought to commercially exploit his merit less allegations against Bob Dylan. 14. No factual unbiased evidence or testimony exists supporting Mr. Snyder's allegations of Mr. Damiano's alleged exploitation of Mr. Damiano's allegations against Bob Dylan, other than Mr. Snyder's own opinion of Mr.

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Damiano's correspondence to certain entities in which the defendants purport to identify as exploitation. It is unconstitutional for this court to accept as truth, the biased opinion of the opposing parties attorney when no unbiased facts exist, to support defendants statement regarding the alleged exploitation of Mr. Damiano's claims against Mr. Dylan. 15. Secondly it was someone other than Mr. Damiano who initially suggested that these entities be contacted for the purpose of searching for an attorney in assuming that these entities employed the best attorneys in the respective areas of entertainment, copyright and intellectual property law. From the Certification of Orin Snyder "For several years preceding this lawsuit, Damiano sought to commercially exploit his merit less allegations against Bob Dylan. Damiano completed an unpublished manuscript totaling over 100 pages entitled "Eleven Years," which purport to document his now-discredited allegations of copyright infringement. After writing the manuscript, Damiano sought to market it to various publishers. In addition, Damiano sent copies to, inter alias, the television tabloid show a "A Current Affair", and The "New Yorker magazine. Damiano also placed an advertisement for his defamatory claims in Rolling Stone magazine, a leading music industry publication, which read "WOULD BOB DYLAN STEAL SONGS?' Read 'Eleven Years' w/recorded phone Calls. $15.95, Virtue Books." 16. No unbiased fact issue exists that Mr. Damiano sought to market the manuscript "Eleven Years" to various publishers. 17. The above certified statement of Orin Snyder highlights defendant�s own guilt by way of motion to the court to hold James Damiano in contempt for allegedly violating Judge Joel B. Rosen�s order designating all discovery materials as confidential. Defendants never officially or unofficially refuted, contested or denied any of the issues of fact concerning their solicitation of James Damiano's songs, plaintiff's eleven year association with CBS Records and his affiliation with Dylan associates, in which they contend Mr. Damiano allegedly sought to exploit. 18. Without a denial from defendants, of plaintiff�s allegations concerning their solicitation of James Damiano's songs, this court must consider Mr. Damiano's denial of defendant�s allegations of plaintiff's alleged exploitation of his allegations against Bob Dylan as valid by fact. This fact must be acknowledged by the court and the court must realize that any and all alleged allegations of exploitation of Plaintiff's claims against Mr. Dylan are the mere opinion of Orin Snyder alone of which must be considered, as biased in nature and void by fact. 19. Again plaintiff denies the allegation that he sought to commercially exploit his allegations against Bob Dylan and that plaintiff's motive in contacting "A Current Affair", "The New Yorker" magazine and "Rolling Stone magazine was to find an entertainment attorney capable of competing against the caliber of attorney's that Bob Dylan and Sony Music Entertainment could monetarily afford. 20. Plaintiff's motive was also to officially and chronologically document through a published document, defendants solicitation of plaintiff's materials by defendants. Both plaintiff's manuscript and website have now been officially published. 21. No court can deny that the publishing of a document in itself has a value of truth especially if it is not contested by anyone. This value of truth has carried a tremendous amount of weight in standing up for my rights against the enormous giant Sony Music Entertainment, Bob Dylan and all of their resources. 22. Through the absence of a denial of these allegations by defendants and through the publishing of plaintiff's manuscript "Eleven Years", I'm sure your Honor can see that plaintiff's motive was to chronologically document

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his eleven year affiliation with John Hammond, John Hammond associates, CBS Records, Bob Dylan and also defendants solicitation of Plaintiff's songs. 23. James Damiano, in his manuscript "Eleven Years" and in Plaintiff's website "Eleven Years" (designated as Exhibit E ) merely stated the factual truth. The law provides as a matter of law that the truth cannot be libelous. Therefore the truth cannot be exploited. 24. Defendant's also do not specify exactly what statement Mr. Damiano published in which they contend is either factually incorrect, damaging to Bob Dylan, or an exploitation of merit less or fraudulent claims against Bob Dylan. 25. It is possible to be found guilty in a court of law when the specific crime was never cited to the court? What defendants are stating to Your Honor is Damiano is guilty but we'd rather not tell you what he is guilty of. What defendants are stating is to just find Damiano guilty. But keep off the record exactly what it is he is guilty of. 26. Defendants only contention is that James Damiano disseminated discovery materials on the internet. What defendants do not say is that James Damiano disseminated a portion of the testimony of Bob Dylan's publicist ( Elliot Mintz ) in which Mr. Mintz testified under oath in a video taped deposition: "Many times not many times but on those occasions when he would ask me to pass along information to Bob, I may have told him I'll try and pass it along or words to that effect" 27. Or that Mr. Damiano disseminated a portion of Elliot Mintz's testimony in which Mr. Mintz testified under oath in a video taped deposition: Under the subject of mistruths spoken to your client during the course of these telephone conversations he would frequently ask me to pass along information, ask questions about Bob or to Bob about him and I in fact told him that I would and that I did and on those occasions that of course was a mistruth" 28. Mr. Mintz's testimony is in blatant conflict with his previous testimony as displayed below: "In my opinion Mr. Damiano was at the time of these conversations delusional" 29. In other words Mr. Mintz testified that he told Mr. Damiano that he was giving Mr. Damiano's songs to Bob Dylan yet he accused Mr. Damiano of being delusional. Plaintiff invites any person in the legal world from Kenneth Star to Laurence Tribe to compare this testimony and refute the fact that this testimony is not conflictive and blatantly adverse. 30. Does the court chose to refuse to see the irony of Mr. Mintz's testimony? 31. Defendants Sony Music Entertainment and Bob Dylan do not contend that Plaintiff James Damiano is not telling the truth about the issues of fact published in his manuscript "Eleven Years" (Exhibit # 5) nor do defendants contend that Mr. Damiano is not telling the truth about issues of fact published on his website concerning their solicitation of his songs, the eleven years history of Damiano's affiliation with CBS Records and Bob Dylan through Mikie Harris, Tony Tiller, Elliot Mintz, Jeffrey Rosen, Mike Reed, Tom Masters, Richard Fernandez, and John Hammond Sr. office. 32. Plaintiff's motive was also to officially document through a published document, defendants solicitation of plaintiff's materials by defendants. Both plaintiff's manuscript and website have now been officially published. 33. Solicitation implies copying and copying implies infringement. 34. The court must acknowledge and rule in light of the following evidence and that the truth cannot be libelous:

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35. That the publishing of this truthful information cannot be libelous and that the truth cannot be exploited. 36. That plaintiff has the right to publish this information under the first amendment of the Constitution of the United States. Passed by Congress September 25, 1789. Ratified December 15, 1791. AMENDMENT I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 37. The court must acknowledge and rule in light of the absence of a denial by defendants of plaintiff's allegations of defendant�s solicitation of plaintiff James Damiano's songs. 38. The court must acknowledge that any denial by defendants could have been made to the court more than four years ago when the suit was filed. 39. To reiterate defendants guilt even further defendants never contested any of the issues or facts set forth in Plaintiff's manuscript "Eleven Years" even after defendants were made aware of the following advertisement which was published in Rolling Stone magazine that read "WOULD BOB DYLAN STEAL SONGS?' Read 'Eleven Years' w/recorded phone Calls. $15.95, Virtue Books." 40. Defendants do not contend that plaintiff is not telling the truth about the fact issues published in his website alleging that they made promises to the plaintiff concerning his songwriting career. 41. In fact Defendants do not contend that plaintiff James Damiano is not telling the truth about any of the information published on his website therefore the information contained in plaintiff's website cannot be libelous. In fact Defendants do not contend that plaintiff James Damiano is not telling the truth when he published the fact that in a span of seven years from 1990 to 1997 Bob Dylan only released one newly written original song titled "Dignity" in which he claimed to have independently written. All other songs released on Bob Dylan albums during those years were songs taken from songs in the public domain, traditional folk songs and previously written and released Bob Dylan songs. Should the court lay out all seven albums on a table and review the credits it will reveal that the albums were produced or arranged by Bob Dylan (Not written by Bob Dylan). I believe the albums display just the title of the songs and do not display the name of the original author of the songs. It would also be interesting to know whether Dylan played royalties to any of the families of the original authors of these songs. Nevertheless Defendants do not contest said statement published on Mr. Damiano's website. 42. Again the truth cannot be libelous therefore the truth cannot be exploited. 43. Without a denial from defendants of the allegations published on plaintiff's website, defendants admit to their own guilt by contending that the issues of fact cited on Plaintiffs' website are damaging to Bob Dylan. Here, clearly the defendants admit to the court themselves that the issues of fact they refuse to contest and refuse to deny are damaging to Bob Dylan. Apparently admitting that plaintiff's allegations are meritous. Again the truth cannot be libelous. 44. The absence of a denial by defendants is evidence enough to vacate Judge Joel B. Rosen's confidentiality order designating all discovery materials as confidential and to also reverse Judge Simandle's decision of finding James Damiano guilty of contempt for violations of that order.

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45. Not many songwriters can honestly say that their material was solicited by Bob Dylan and or CBS Records. This fact alone is of public interest. Defendants manipulated Judge Joel B. Rosen to grant said protective order based on the biased testimony of the following biased witness's both of whom have submitted materials and projects to Sony Corporation with hopes of gaining Sony's services such, as distribution and promotion. Both of whom could monetarily benefit from a contract with Sony Corporation. Scott Patterson: I draw the attention of the court to the following testimony of Scott Patterson's deposition which reveals that Mr. Patterson's testimony was biased: And that at the time of Mr. Patterson's depositions, he was awaiting a response from Sony concerning the submission of a musical projected that Mr. Patterson's company had submitted to Sony Music. 22 THE VIDEOGRAPHER: This is the video 23 operator. We are back on the record. The 24 time is 2:40 p.m. 25 BY MR. KRAMER: 144 1 Patterson 2 Q. Scott, could you give the jury an 3 idea of how many bands you manage and are involved 4 with on a professional basis? 5 A. At the present time, about 20. 6 Q. And just an estimate of how many 7 record companies you are involved with on a 8 professional basis, either in terms of getting 9 deals for your bands or in the process of getting 10 deals for bands? 11 A. Basically all the major labels and 12 some independents. So it would be, I guess five 13 major labels, various people throughout the 14 companies. 15 Q. And who are the five major labels?

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16 A. It would be Sony, the divisions of 17 that, Columbia and Epic. A&M Elektra, Mercury, 18 Polygram. Some of the independents we have Xemu 19 Records, Cleveland City, SBI, Curb Records, it is 20 a country label. Further, defendants contend in the Orin Snyder certification that "Damiano subsequently entered into a written agreement with an individual named Nicholas Kuntz regarding the commercial exploitation of his claims". The agreement provided as follows: This is to certify that on this day January 28th, 1994 that James Damiano assigns the monetary [sic] settlement of any legal issues awarded to James Damiano regarding his legal suits [sic] involving CBS Records and / or Bob Dylan to both Nicholas G. Kuntz and James Damiano cooperatively and any and all profits derived [sic] from the sale or production of this material adapted to the mediums of publishing, recording, video, television or film are to be shared and distributed equally. The sale and or development of any project based upon the property "Eleven Years" the manuscript written by James Damiano documenting this matter, for the mediums of publishing, recording, video, television or film shall be developed, produced and distributed through the mutual efforts of this alliance between the consenting parties and no other rights regarding the property "Eleven Years" for the purposes of publishing, recording, video, television or film development, production or distribution may be assigned or acted upon without the express written consent of both parties. Defendants fail to mention Mr. Kuntz has rescinded this contract. Also in a letter to James Damiano Mr. Kuntz writes: " I understand that "For the record you are in need of a clarification from me as to the nature of the "agreement" that I testified to in my deposition for your law suit involving Bob Dylan and yourself. I would like to add that I am offering this information willingly and that the agreement we had has been voided, as I have previously submitted in writing, and that there exists no further "agreement" between us. Mr. Kuntz acknowledges that at the time this alleged, invalid agreement was signed plaintiff James Damiano was under not only duress but under a great deal of duress as follows. At the time that this agreement was drawn up between us, there was a great deal of stress and tension personally in both out lives., as you well know. You were at a time in your life that had a great deal of confusion and turmoil involving almost every aspect of your life - Your relationship with your parents, your marriage as well as the severed relationship with your son, who meant a great deal to you. As if those things were not enough, you were also facing a tremendous number of questions and issues regarding the situation with your prior dealings with Bob Dylan, his associates and Sony Music. I, on the other hand, was also facing numerous professional and personal issues that were also demanding. Together we puzzled daily as to how to manage your situation so that a more positive handling of those issues could be arranged. It was not always possible to make the best decision as to what should be done at any given time. Mr. Kuntz goes on to explain the intentions of his actions and his goal involving correspondence written in James Damiano's behalf which was to find an attorney.

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One thing is and was always clear regarding the matter involving Bob Dylan and Sony Music. That was that you needed a lawyer to assist you in bringing this matter forward in the manner necessary. That was always our goal, right from the beginning. In our respective personal positions, however that was easier said than done and required a considerable effort over many months. That night that you called me, around 11pm, I believe you had been out with your Dad and your anticipation before that evening was high that this would be a positive meeting with him apparently it was not, because you called from a diner in Toms River and he had left you there with no way to get back to my office in Wall Township where you had been staying at the time. It became apparent to me, after you called asking if I would come to get you, that my commitment, if I was going to proceed to help you any further that I already had, was going to be the primary source of support for you. That would mean more time that would have to be devoted, money that would have to be spent to carry out whatever needed to be done - i.e. trips to New York City - and other resources or expenses that would have to go for things like printing, phone calls, and other incidentals such as Fed-Ex charges. I was working at the time with extremely limited funds, trying to support a family and working desperately to keep a failing business alive. So, I made a decision and that was that if I was going to be devoting all of this to your effort, I wanted to be assured that I would have a say in what was going to be the path and circumstances we would be facing. I decided that I wanted to have an official and signed agreement with you, more for the sake of your realizing that I was making this decision and what this commitment on my behalf might mean. We had never talked about this kind of a thing prior to that evening, however, I wanted you to realize that I was making a much bigger commitment than just helping a friend out who needed a hand. In short, I was now about to devote almost all of my efforts and attention to helping you get a lawyer and that I was going to do my best to not have any further distractions to that goal. So, I hastily wrote up the agreement and brought it with me to pick you up from the diner. I walked in and you were very distraught. You had just been left there by your father and that was because you had another problematic confrontation with him. I told you that from here on in that if I was going to have to be your support, in every sense of the word, that I wanted to know that we were not going to make any mistakes. To insure that, we were going to be "partners" in the sense that we discussed and agreed upon future courses of action. I then presented you with the agreement. Mr. Kuntz reiterates the amount of duress plaintiff James Damiano was under the night the agreement was signed by Mr. Damiano. I would like to draw the courts attention to the following statement made to James Damiano by Nicholas Kuntz the night the agreement was signed. Mr. Kuntz stated to Mr. Damiano in a rural diner at 12:30 in the morning quoting Mr. Kuntz himself "Well, if you're not going to agree and sign it, I will leave you here!" Mr. Kuntz continues: You had just had a very trying evening, one of many at that time, and said that you couldn't think of anything like that at the time. I told you, "Well, if you're not going to agree and sign it, I was going to leave you here!" That took you by surprise, which it was intended to do and you thought for a moment. Then you said something like "Oh, what the hell," picked up the pen and signed it. Then it was over. We never talked about it again, we didn't need to. That's why it was such a surprise that I even mentioned it in the deposition. Due to the nature of the questioning at the deposition, I couldn't not mention it and not be truthful. It probably would have been easier if I hadn�t brought it out, however, I knew that the truth of how it came about and why, would be important, regardless of how the defense would perceive it and try to use it to their advantage, which they obviously have. I think it's obvious, though, that our only intent was to make sure that you got a lawyer to help bring your case forward, because that's all we did. That's all we ever worked on, that's all we ever planned. My intent in even creating that agreement was so that, in effect, you would have no other choice but to consult me on major issues

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so that I could help you not make a mistake. At the time it was important, however, after that night we literally forgot about it. I would have no problem testifying to this statement. Sincerely Nicholas G. Kuntz. I would like to direct the courts attention to the specific sentence in Mr. Kuntz's letter which states: "Well, if you're not going to agree and sign it, I was going to leave you here!" Clearly no court would decide that this is or ever was a valid binding agreement, especially since Mr. Kuntz specifically acknowledged even other duress that James Damiano had been under at the signing of this document. The order for confidentiality granted by Judge Joel. B. Rosen was based on the incompleted and misrepresented testimony of Nicholas G. Kuntz. This is war

SUMMARY OF ARGUMENT...................................................................................... 1 ARGUMENT .............................................................................. 2 A. JUDGE SIMANDLE FAILED TO ACKNOWLEDGE BLATANT ADMISSIONS OF GUILT BY THE DEFENDANTS. B. AFTER A MASSIVE AMOUNT OF EVIDENCE WHICH INCIMINATED THE DEFENDANTS WAS PRODUCED TO THE COURT, IN WHICH THE COURT FAILED TO ACKNOWLEDGE, PLAINTIFF FELT DEFEATED BEFORE THE HEARING EVER STARTED WHICH TAINTED HIS UNSWORN TESTIMONY. C. DEFENDANTS HAD IN THEIR POSSESSION PLAINTIFFS MATERIALS FOR ELEVEN YEARS FROM WHICH THE INSTANT LAW SUIT DERIVES. D. PLAINTIFF'S MATERIALS WERE SOLICTED BY DEFENDANTS FOR OVER A PERIOD OF ELEVEN YEARS. E. PLAINTIFF WAS TOLD BY HIS ATTORNEY ROBERT CHURCH THAT JUDGE ROSEN'S CONFIDENTIALITY ORDER WAS BROADLY UNCONSTITUTIONAL. F. DEFENDANTS HAVE LEFT ALL ISSUES OF THEIR SOLICITATION OF PLAINTIFF'S MATERIALS UNCONTESTED FOR TWO YEARS AND TWO MONTHS AFTER PLAINTIFF'S CONTENTIONS WERE PUBLISHED ON THE WORLD WIDE INTERNET. G. TO THIS DAY DEFENDANTS HAVE NOT CONTESTED THE ISSUES JAMES DAMIANO'S SONGS. H. COPY IMPLIES MOTIVE TO INFRINGE I. PLAINTIFF MOVES THE COURT TO RULE IN LIGHT OF THE FOLLOWING EVIDENCE J. PLAINTIFF'S FIRST MOTIVE TO PUBLISH INFORMATION ON THE INTERNET WAS TO PROVE TO

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THE COURT THAT DEFENDANTS WOULD NOT CONTEST THE ISSUES OF SOLICITAITON OF PLAITIFF'S INTELECTUAL PROPERTY IN WHICH THEY STILL HAVE NOT DONE. THIS IS GROUNDS ENOUGH FOR LIFTING SAID PROTECTIVE ORDER K. PLAINTIFF'S SECOND MOTIVE WAS TO FIND AN ATTORNEY TO REPLACE STEVEN M. KRAMER AFTER HIS SUSPENSION L. PLAINTIFFS THIRD MOTIVE WAS TO HAVE DEFENDANTS DOWNLOAD THE WEBSITE AND PRODUCE IT TO THE COURT. AS EVIDENCE OF THEIR OWN GUILT. M. TO PRODUCE TO THE COURT ALL EVIDENCE IN WHICH STEVEN M. KRAMER REFUSED TO PRODUCE TO THE COURT. N. TO HAVE THE WEBSITE DOCKETED AND PUT ON RECORD. O. TO ENLIGHTEN THE COURT TO EXISTING ISSUES OF FACT P. TO ENLIGHTEN THE COURT TO EVEN OTHER UNRSESOLVED ISSUES OF FACT. Q. TO EXPOSE TO THE COURT STEVEN M. KRAMER'S CONFLICT OF INTEREST THAT HE REPRESENTED WMOT RECORDS , AN AFFILIATE OF CBS RECORDS. R. PLAINTIFF HAS ACOMPLISHED WHAT HE FELT NEEDED TO BE ACOMPLISHED BY PUBLISHING INFORMATION ON THE INTERNET TO PROVE TO THE COURT THAT DEFENDANTS WOULD NOT CONTEST THE MASSIVE ISSUES OF SOLICIATION OF HIS MATERIALS & PLAINTFF DELETED HIS WEBSITE UNDER DURESS FROM THE PROTECTIVE ORDER S. PLAINTIFFJAMES DAMIANO MOVES THE COURT TO VACATE THE CONFIDENTIALITY ORDER FOR ALL THE REASONS CONTAINED HEREIN. T. PLAINTIFF AGREES TO NOT SELL ANY INFORMATION WHICH WAS PROTECTED UNDER JUDGE ROSENS CONFIDENTIALITY ORDER U PLAINTIFF JAMES DAMIANO HAS A RIGHT TO TELL HIS STORY UNDER THE THE UNITED STATES OF AMERICA. V. PLAINTIFF'S FORMER ATTORNEY WHO REPRESENTED HIM IN THE INSTANT CASE WAS DISBARED WHICH PREJUDICED PLAINTIFF AND CAUSED A GREAT DEAL OF CONFUSION. Argument 1. THE TRUTH CANNOT BE LIBELOUS OR EXPLOITED 1A. The court must acknowledge and rule in light of the following evidence: 1B. That defendants Sony Music Entertainment and Bob Dylan do not contend that Plaintiff James Damiano is not telling the truth about the issues of fact published on his website concerning their solicitation of his songs, the eleven years history of his association with CBS / Sony Music and Bob Dylan's entourage and therefore the publishing of this information cannot be libelous and plaintiff has the right to publish this information under the first amendment of the Constitution of the United States of America. 1C. The court must acknowledge and rule in light of the absence of a denial by defendants of plaintiff's allegations of defendant�s solicitation of plaintiff James Damiano's songs.

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1D. Defendants do not contend that plaintiff is not telling the truth about the issues of facts published in his website alleging that they made promises to the plaintiff concerning his songwriting career. 1E. In fact Defendants do not contend that plaintiff James Damiano is not telling the truth about any of the information published on his website therefore the information contained in plaintiff's website cannot be libelous. The truth cannot be libelous AND THEREFORE THE COURT SHOULD HAVE NO INTEREST IN CONCEALING THE FACTS OF THE CASE, THE EVIDENCE ON RECORD. OR THE HISTORY OF DAMIANO'S ELEVEN YEAR ASSOCIATION WITH CBS , SONY MUSIC ENTERTAINMENT AND BOB DYLAN'S ENTOURAGE. 1F. Without a denial from defendants of the allegations published on plaintiff's website, defendants admit to their own guilt by contending that the issues of fact cited on Plaintiffs website are damaging to Bob Dylan. Here, clearly the defendants admit to the court themselves that the issues of fact they refuse to contest and refuse to deny are damaging to Bob Dylan and apparently admitting that plaintiff's allegations are meritous. Again the truth cannot be libelous. The absence of a denial is evidence enough to vacate Judge Joel B. Rosen's confidentiality order designating all discovery materials as confidential and defendant�s motion is proven to be a nullity. 1G. Without a denial from defendants this court must accept these issues of fact as truth and plaintiff has the right to publish this information under the first amendment of the Constitution of the United States of America. 1H. WHAT INTEREST DOES THE COURT HAVE FOR CONCEALING THE HISTORY OF FACTS OF THIS CASE . IT IS NOT EVERYDAY THAT AN AMATUER SONGWRITER HAS HIS SONGS SOLICITED BY A SONGWRITER OR RECO0RD COMPANY OF THE MAGNITUDE OF BOB DYLAN AND OR SONY MUSIC ENTERTAINMENT. THIS FACT IN ITSELF IS OF PUBLIC INTEREST. 1F. No part of James Damiano's website is damaging to Bob Dylan unless of course it is not the truth, otherwise it is the defendants here who admit by lack of contesting the issues of fact and by not contesting Plaintiff's allegation of defendants solicitation of his music that it is indeed the truth and by which in no possible lawful way libels or makes liable James Damiano for delivering the truth for the truth cannot be exploited and therefore cannot be libelous. 1G. All witness's deposed in this litigation were sworn to tell the truth. 2. NEW FINDING OF FACTS a. This motion is also based in part on new findings of fact, of which were unknown to Plaintiff until very recently and also other new findings of fact which were unavailable to Plaintiff also until very recently. These same finding of facts incriminate defendants counsel and plaintiffs counsel of serious ethics violations which are detrimental to the outcome of this law suit and by which acknowledged by and upon consideration of this court conclusively constitute reversible error and judicially defeat summary judgment in favor of the defendants. Said new findings of fact found in 2a. are detrimental to the outcome of this law suit by which upon consideration of this court conclusively constitute reversible error. The opening statement of defendant�s motion in response to Plaintiff's motion of reconsideration pleads to the court "This court is familiar with the troubled history of this case?" Plaintiff objects to this statement : Although Mr. Johnson believes that this case has been troubling, he was still paid a hundred and fifty dollars an hour for his trouble that's given, however what may have troubled Mr. Johnson's is that defendants counsel are caught red handed of committing ethic violations serious enough to revoke their license to practice law. 3. DEFENDANTS ARE CAUGHT RED-HANDED

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With the development of the internet more and more facts come to light everyday. Plaintiff has discovered new facts concerning key persons and key witnesses in this litigation that were simply unavailable before. Defendants are caught red-handed committing ethical violations whereby the following evidence upon consideration of this court shall be deemed conclusive. Said new findings of fact set forth in 3a are detrimental to the outcome of this law suit by which acknowledged and upon consideration of this court conclusively constitute reversible error. Although Mr. Johnson does not state exactly what "troubling history" he is referring to, Plaintiff can only guess that it may have something to do with the fact that the Plaintiff's former counsel Steven M. Kramer had a conflict with the parties in this litigation. It has come to the attention of the Plaintiff that Plaintiff's former attorney Steven M. Kramer ( now suspended from the practice of law and disbarred in New York, Pennsylvania and other states ) was an associate of and an attorney for the Defendants prior to his agreement to represent the Plaintiff. Mr. Kramer took numerous depositions in this litigation. Plaintiff contends that Mr. Kramer refused to ask enough pertinent questions to these witness's. It appears as almost evident and intentional that in some instances and on the most pertinent questions Kramer dropped his line of questioning and in other instances suggested to the witness "Or is it that you just don't recall" thus protecting the defendant's witness's. These unethical, and extenuating circumstances upon consideration of this court conclusively constitute reversible error and it's existence defeats summary judgment. May the court that that was not all. During the video taped depositions both Mr. Kramer and Orin Snyder (Defendant's attorney) forgot that the microphone was on. The conversation between Mr. Snyder and Mr. Kramer documents their collusion to the record. I respectfully direct the courts attention to the following two articles published in The Philadelphia Daily News in which Steven M. Kramer is mentioned in both articles. Not only does the Steven M. Kramer conflict legally constitute reversible error, It is also criminal for this court to ignore Steven M. Kramer's conflict. Plaintiff respectfully request that this court refer Mr. Kramer's conflict to the proper criminal and civil authorities. Mr. Kramer's involvement in the following cases further support Plaintiffs allegation of Mr. Kramer's fraud and conflict See also WMOT Enterprises, et al., v. Bank Leumi Le - Israel, B.M., st al. No. 84-2065 Also see CA 84-2622 Vedatsky vs. Kramer Steven M. Kramer also entered his appearance in the Frankie Smith vs. WMOT Records lawsuit concerning royalties on Frankie Smiths hit song "Double Dutch Bus" case identified as NO. CA 82-1275-NS. Steven Kramer represented WMOT Records an affiliate of CBS / Sony Music Entertainment Inc. An attorney cannot ethically represent the Plaintiff and the Defendant. Plaintiff identifies the following exhibit below as " MELVIN, BLUE NOTES SUE OVER CASINO DRUG BUST " and marked as Exhibit 1. The article read as follows: Exhibit 13 PHILADELPHIA DAILY NEWS MELVIN, BLUE NOTES SUE OVER CASINO DRUG BUST

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Friday, August 19, 1983 Section: LOCAL Page: 33 By SCOTT FLANDER, Daily News Correspondent TEXT: Singer Harold Melvin and three members of his group, the Blue Notes, arrested on drug charges at Caesars Boardwalk Regency Hotel Casino on Aug. 7, have filed a $40-million libel suit against Caesars. The suit, filed in Superior Court in Trenton, alleges Caesars gave the press false information about the arrests. Melvin and the three group members were among 10 Philadelphia-area residents arrested at Caesars on drug possession charges after police allegedly found cocaine and met amphetamine in an adjoining room. The suit alleges Caesars falsely told the press that the group had rented the room where the cocaine was found, making it appear the drugs belonged to the group. The lawsuit says the drugs didn't belong to any member of the group, and the room was rented by a person with no connection to the group. Steven Kramer, a Philadelphia lawyer representing the group, said Melvin and his musicians stayed at the Village Motel and not Caesars during their stay in Atlantic City. The suit seeks $10 million in damages each for Melvin, 44, and the three Blue Notes arrested: George Prettyman, 35, Cornell Grant, 25, and Rufus Thorne, 31. A small amount of marijuana and a .32-caliber revolver were found in the room where the arrests were made, police said. In addition to drug charges, Melvin and the others arrested were charged with conspiracy and possession of a concealed weapon. Plaintiff respectfully submits to this court Exhibit 2 in support of Plaintiff's assertion that Steven M. Kramer ( Plaintiff's former counsel) had a conflict in this litigation. Exhibit 14 The following marked as exhibit 2 is titled LAUNDERING' TOOK RECORD CO. TO CLEANERS and identified as Exhibit 2. Steven M. Kramer is mentioned in the article. PHILADELPHIA DAILY NEWS LAUNDERING' TOOK RECORD CO. TO CLEANERS Wednesday, November 21, 1984 Section: LOCAL Edition: 9STAR Page: 8 By JOSEPH R. DAUGHEN, Daily News Staff Writer TEXT: A federal bankruptcy trustee has accused officials of Bank Leumi Le-Israel of conspiring with fugitive dentist Lawrence W. Lavin and boxing promoter Mark Stewart to loot a Philadelphia record company of more than $2 million. In a lawsuit filed in U.S. District Court in Philadelphia Nov. 2, Jonathan H. Ganz, trustee of WMOT Enterprises Inc., contends that Lavin and Stewart obtained an interest in the firm "by fraud," used it to "launder" profits from Lavin's alleged drug dealings, then stripped it of its assets and threw it into bankruptcy. Lavin and Stewart were aided in the alleged conspiracy by two officials of Bank Leumi's Philadelphia branch, loan officer James Patterson and vice president Irving Feldman, the suit says. Lavin, 29, was indicted by a federal grand jury on Sept. 10 and charged with being the kingpin of a 13-member

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ring that allegedly sold $5 million worth of cocaine a month. He was released the next day after posting 10 percent of $150,000 bail and has since disappeared, along with his wife, Marcia, 28, who is six months' pregnant, and their 3-year-old son. He subsequently was indicted on Oct. 1 for allegedly evading $548,000 in income taxes. Stewart, 42, was indicted the same day and charged with conspiring with Lavin to impede the collection of the dentist's taxes. Stewart, of Margate, N.J., was the boxing promoter at the former Playboy Casino Hotel and now operates a limousine service in Atlantic City. The trustee's lawsuit accuses Stewart, Lavin, Patterson, Feldman and Bank Leumi of engaging in "an organized pattern of racketeering activity" and of ''unlawful diversion of WMOT's assets." Patterson and Feldman, the suit charged, aided Stewart "to conceal their prior approval of loans" to Stewart-owned companies that "were incapable of generating funds from legitimate sources to reduce the outstanding indebtedness" of more than $1 million. Donald C. Marino, Patterson's attorney, dismissed the allegations as "pure nonsense." "They don't have a single witness to testify to any of this," said Marino. Feldman said he left Bank Leumi 2 1/2 years ago and has no knowledge of the matter. Edward S. Ellers, Bank Leumi's Philadelphia attorney, said the bank ''denies any wrongdoing, denies any liability to any of the plaintiffs, and will vigorously defend its position." Stewart could not be reached for comment. Joining trustee Ganz as plaintiffs in the suit are the new owners of WMOT, lawyer Michael Goldberg, accountant Allen Cohen and brothers Jeffrey and Mark Salvarian. Among the artists recording for WMOT, which has been inactive in recent years, were Fat Larry's Band, Philly Creme, Blue Magic, Slick, Brandi Wells and Frankie Smith, whose single, "Double Dutch Bus," sold more than a million copies. A separate federal suit seeking $2 million in damages is pending in U.S. District Court in Philadelphia against Bank Leumi, Stewart and Patterson by attorney Steven Kramer, who represents the former owners of WMOT, Steve Bernstein, Alan Rubens and David Chackler. Kramer said he is seeking permission from U.S. District Court Judge Louis Bechtle to add Lavin as a defendant. WMOT, incorporated in 1971, developed a reputation as an aggressive independent record producer specializing in the "Philly sound." In June 1980, the company reached an agreement with CBS Records that would ''assure effective marketing and distribution of WMOT's records nationwide," said the Ganz lawsuit. WMOT obtained an $80,000 line of credit from Bank Leumi in July 1980, the suit said, and by December of that year had drawn out all $80,000. Although the company had "earned substantial amounts" through record sales, WMOT was at that time experiencing cash-flow problems because of a time lag between sales and actual receipt of money, the suit stated. The agreement with CBS specified that WMOT would not begin receiving royalties until February 1981, the suit

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said, causing the company to be faced with a cash shortage from December 1980 to February 1981. Steve Bernstein, who was then WMOT's president of operations, said in an interview that he and his partners asked Bank Leumi to increase WMOT's line of credit by at least $25,000 to keep the company going until its royalties came in. In return, Bernstein said, he and his partners offered in writing to assign $116,500 in royalties to Bank Leumi and to mortgage their homes. The bank officials WMOT dealt with, according to the suit, were Patterson and Feldman, who also were the loan officers in charge of Stewart's Bank Leumi accounts. Stewart owned four companies that owed Bank Leumi a total of $1,149,291 in December 1980, when WMOT was seeking the credit increase, the suit said. In mid-December, Patterson and Feldman rejected WMOT's request for a credit increase, and the record company turned to Stewart for help, the suit stated. The lawsuit said Feldman "endorsed Stewart as a good customer of the bank with substantial financial resources and a good deal of management experience." Feldman did not disclose that Stewart owed more than $1 million to Bank Leumi, the suit said. Bernstein said in the interview that he and his partners entered into an agreement with Stewart on Dec. 24, 1980. Under the agreement, Bernstein said, Stewart would set up a new company, TEC Corp., which would assume all WMOT's debts, pay the company's operating expenses, negotiate credit terms and lines with Bank Leumi, and provide new capital. In return, Stewart, through TEC Corp., would receive a 60 percent ownership interest in WMOT, said Bernstein. In January 1981, Stewart became chairman of WMOT. Over the next nine months, according to the suit, "large sums of cash" were delivered by Lavin to Stewart, who allegedly "laundered" the money by depositing it in WMOT's Bank Leumi account and other accounts Stewart maintained at the bank. These funds were then transferred out to Stewart or Lavin "in a manner intended to make tracing the funds difficult or impossible," the suit stated. From January 1981 until March 1982, Lavin was paid $700 a week by WMOT although "he performed no services whatsoever," the suit alleged. Between January 1981 and May 1982, the suit stated, WMOT received more than $1 million in royalty checks, including $841,123 from CBS. Bank Leumi permitted Stewart to use $540,000 of this to reduce the debt owed to the bank by another Stewart company unrelated to WMOT, the suit said. In addition, the suit said, "Leumi permitted to be improperly endorsed, negotiated and deposited to accounts other than accounts of WMOT" CBS royalty checks totaling $288,000. During the same period, the suit alleged, Stewart increased WMOT's debt to Bank Leumi from $80,000 to $1.3 million. The Bank Leumi loans to WMOT were used by Stewart to pay off debts other Stewart companies owed Bank Leumi, according to the suit. To reiterate so there is no mistake I quote the article as follows. "WMOT received more than $1 million in royalty checks, including $841,123 from CBS."

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WMOT Records was an affiliate company of CBS / Sony Records. Steven M. Kramer also entered his appearance in the Frankie Smith vs. WMOT Records lawsuit concerning royalties on Frankie Smiths hit song "Double Dutch Bus" case identified as NO. CA 82-1275-NS Plaintiff�s former attorney, Steven M. Kramer also had executive orders sent directly to him from CBS Records. (Now acquired by Sony Music.) It is not only Plaintiff's opinion that Mr. Kramer�s involvement with WMOT Records is a conflict but also the opinion of other attorneys. Upon consideration of the evidence contained herein it is conclusive that Plaintiff's attorney as well as defendants counsel prejudiced plaintiff James Damiano's case by the Steven M. Kramer conflict. Said new findings of fact set forth in Exhibit 1, and 2 are detrimental to the outcome of this law suit by which acknowledged and upon consideration of this court conclusively constitute reversible error. Mr. Kramer has had other ethical problems in the past. Exhibit 15 Exhibit 3, is a segment of an article downloaded from the internet about Mr. Kramer citing Mr. Kramer's 38 sanctions and his "whole repertoire of habitual misdeeds". Plaintiff moves the court to conclusively deem as truth the existence of the Steven Kramer conflict. Plaintiff also moves the court to deem as truth that the Steven Kramer conflict prejudiced Plaintiff's case. At this time this court cannot deny the existence of the Steven M. Kramer conflict. In re Steven M. Kramer, 677 N.Y.S.2d 576 (N.Y.A.D. 1 Dept., Sept.24, 1998). The Respondent was admitted to practice in New Jersey in 1983 and in New York the following year. Over the past 11 years, he has been sanctioned, criticized, or otherwise punished by various courts 38 times for professional misconduct involving numerous clients. In 1997, New York suspended him on an interim basis. See N.O.B.C. Current Developments Summary (Nashville, February 1998). According to the New York Court, an abbreviated survey of his long history of official reprimands reveals a "whole repertoire of habitual misdeeds" from refusing to cease acting on behalf of a client who fired him, flagrantly violating discovery orders, filing frivolous claims, and making false statements to a court. In Re: Steven M. Kramer, M.R. 14573, 98 RC 1503 (Ill., March 23, 1998). Mr. Kramer was admitted in Illinois in 1975 and New Jersey in 1983. The Supreme Court of New Jersey suspended him for six months, and until further order of the court, for failing to abide by his client's wishes to settle a case and for obtaining a proprietary interest in the subject matter of his client's litigation. See N.O.B.C. Current Developments Summary (Nashville, Feb., 1998). The Illinois Supreme Court suspended Mr. Kramer for six months and until he is reinstated in New Jersey, as reciprocal discipline. The facts stated within this document are detrimental to the outcome of this law suit by which upon acknowledgement and consideration of this court conclusively constitute reversible error and judicially defeat summary judgment in favor of the defendants These unusual, unethical, and extenuating circumstances, issues of fact, statements of fact, admissions of guilt in sworn statements made by the defendants, defendants continuous attempts to divert the true and incriminating evidence from the court concerning all aspects of this litigation preclude this court from entering summary judgment in favor of defendants Bob Dylan and Sony Music Entertainment Inc.

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Argument 1 is James Damiano's website "Eleven Years" [E-mail] James_Damiano@excite.com This archive is a service of Rutgers University School of Law - Camden JAMES DAMIANO, Plaintiff, v. SONY MUSIC ENTERTAINMENT, INC., and BOB DYLAN, Defendants. Civil Action No. 95-4795 (JBS) UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 975 F. Supp. 623; 1997 U.S. Dist. LEXIS 12601 August 20, 1997, Decided August 20, 1997, Original Filed SUBSEQUENT HISTORY: [**1] Reported at: 975 F. Supp. 623 at 633. DISPOSITION: Plaintiff's motion for reconsideration DENIED. JUDGES: JEROME B. SIMANDLE, United States District Judge. OPINIONBY: JEROME B. SIMANDLE OPINION: [*633] OPINION UPON RECONSIDERATION SIMANDLE, District Judge: Plaintiff James Damiano filed this copyright infringement action accompanied by several federal and state claims all arising out of the alleged theft of plaintiff's lyrics and music by Sony recording artist Bob Dylan. Presently pending is plaintiff's motion for reconsideration of this court's December 16, 1996, [**2] Opinion and Order granting summary judgment to defendants on all counts of plaintiff's complaint. For the reasons that follow, plaintiff's motion will be denied.. Background The central claim of plaintiff's complaint is that Bob Dylan infringed six separate works which plaintiff had composed and copyrighted. (Compl. at 3-6). As discussed in this court's Opinion of December 16, 1996, five of the purported works were actually compilations of lyrics by plaintiff which were created for the first time in the complaint. (Op. at 2-3). The sixth piece in plaintiff's complaint was an instrumental composition referred to as "Steel Guitars." (also identified as "Dignity" on James Damiano's 1982 copyright registration) In opposition to defendants' motion for summary judgment, rather than pursuing the five "works," plaintiff formulated his argument to address fourteen different lyric fragments, eight of which were not even in the complaint. The court nevertheless addressed each of the fourteen lyric claims and dismissed all of them on the grounds that they were either non-copyrightable or had not been copyrighted prior to the lawsuit. Six lyric fragments which were presented in plaintiff's complaint were not among the fourteen addressed by plaintiff in the summary [**3] judgment papers and at oral argument. Those six claims were dismissed because plaintiff failed to come forth with any evidence or argument in response to defendants' motion for summary judgment with regard to those particular lyrics. (Op. at 6). The court also granted summary judgment as to plaintiff's music infringement claim and his accompanying state and federal claims. Plaintiff now asks the court to reconsider its decision with respect to the dismissal of his music infringement claim, several of his lyric claims, and his state law claims. The court will address each argument below.

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II. Discussion A. Standard for Reconsideration Local Civil Rule 7.1(g) of the United States District Court, District of New Jersey, contains the standard to be applied to motions [*634] for reconsideration. n2 L. Civ. R. 7.1(g) requires that the moving party set forth concisely "the matters or controlling decision which counsel believes the court has overlooked." Oritani v. Sav. & Loan Ass'n v. Fidelity & Deposit Co. of Md., 744 F. Supp. 1311, 1314 (D.N.J. 1990). The Rule "does not contemplate a Court looking to matters which were not originally presented." Florham Park Chevron, Inc. v. Chevron [**4] U.S.A., Inc. 680 F. Supp. 159, 162 (D.N.J. 1988). Rather, motions for reargument succeed only where a "dispositive factual matter or controlling decision of law" was presented to the Court but not considered. Pelham v. United States, 661 F. Supp. 1063, 1065 (D.N.J. 1987). - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - - n2 Effective April 1, 1997, General Rule 12I, which previously governed motions for reargument, was renumbered Rule 7.1(g). The language of General Rule 12I was not altered in Rule 7.1(g). - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - - To succeed on a motion for reconsideration, a party "must show more that a disagreement with the court's decision." Panna v. Firstrust Sav. Bank, 760 F. Supp. 432, 435 (D.N.J. 1991). A mere "recapitulation of the cases and argument considered by the court before rendering its original decision fails to carry the moving party's burden." Carteret Sav. Bank, F.A. v. Shushan, 721 F. Supp. 705 709 (D.N.J. 1989). Further, there is a strong policy against entertaining reconsideration motions based on evidence that was readily available at the time that [**5] the original motion was heard; and so the court may, in its discretion, refuse to consider such evidence. Florham Park Chevron, 680 F. Supp. at 162-63. "Because reconsideration of a judgment after its entry is an extraordinary remedy, requests pursuant to these rules are to be granted 'sparingly.'" NL Industries, Inc. v. Commercial Union Ins. Co., 935 F. Supp. 513, 516 (D.N.J. 1996) (citing Maldonado v. Lucca, 636 F. Supp. 621, 630 (D.N.J. 1986). B. Plaintiff's Music Infringement Claim Plaintiff alleged in his complaint that his instrumental composition, "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) was infringed by Dylan's song "Dignity." As discussed in the court's Opinion, there are actually two different versions of the song plaintiff calls "Steel Guitars." (Op. at 13-14). The first, which was produced during discovery and was marked as Exhibit 71 of defendants' moving papers, was analyzed by both parties' experts and compared to "Dignity." Defendants argued in their motion papers and at oral argument that the Exhibit 71 version had never been registered with the Copyright Office. For that reason, the court dismissed plaintiff's musical infringement claim with respect to the Exhibit 71 version [**6] of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) because plaintiff failed to meet the prima facie element of proving ownership of a valid copyright. See Whelan Assoc. v. Jaslow Dental Lab., Inc., 797 F.2d 1222, 1231 (3d Cir. 1986); Universal Athletic Sales Co. v. Salkeld, 511 F.2d 904, 907 (3d Cir. 1975); Jarvis v. A & M Records, 827 F. Supp. 282, 288 (D.N.J. 1993). The second version of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) was registered with the Copyright Office in 1988, and although it was not originally identified by plaintiff as an infringed work, the court analyzed the copyrighted version and found that there was no substantial similarity between it and "Dignity." Therefore, summary judgment was granted on plaintiff's musical infringement claim as plaintiff had failed to establish a prima facie case of infringement. Plaintiff now argues that the court erred in failing to consider the Exhibit 71 version, which he claims was finally registered with the Copyright Office on December 5, 1996 -- after the summary judgment motion was briefed by both sides, after oral argument on the motion, and nearly fifteen months after plaintiff's complaint was filed. Plaintiff insists he is entitled to amend the complaint to include [**7] his post-complaint registration, citing the

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liberal construction of Rule 15, Fed. R. Civ. P. He also points to the fact that the parties have already analyzed the tape and submitted expert testimony on that version. Significantly, plaintiff never sought to amend his complaint at any time prior to this court's decision on defendants' summary judgment motion. In fact, plaintiff has still not sought leave of this court to amend his [*635] complaint. Thus, there is nothing for the court to "reconsider" because plaintiff's amendment argument was raised for the first time in this motion for reconsideration. See NL Industries, Inc., 935 F. Supp. at 516 ("Reconsideration motions . . . may not be used . . . to raise arguments or present evidence that could have been raised prior to the entry of judgment."). Moreover, even a liberal construction of Rule 15 would not permit the amendment of a complaint that has been dismissed after more than a year of litigation. Bermingham v. Sony Corp., 820 F. Supp. 834, 862 (D.N.J. 1993) (leave to amend complaint denied after action dismissed when plaintiff had opportunities to amend prior to dismissal). Plaintiff could have sought leave to amend his complaint [**8] as early as June of 1996, when he should have become aware through defendants' motion for summary judgment that the Exhibit 71 version was not registered with the copyright office. He did not do so, however, and chose to join issue upon the non-copyrighted version. At the time defendants' summary judgment motion was argued, the court could not consider the Exhibit 71 version of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) as the basis of an infringement claim because it was not registered with the Copyright Office. Plaintiff has offered no justification for reconsidering that decision. Plaintiff also argues that the court overlooked the "striking similarity of the background melodies" between "Dignity" and the Exhibit 71 version of "Steel Guitars." (also identified as "Dignity" on James Damiano's 1982 copyright registration) As previously discussed, the court did not consider the Exhibit 71 version because it was not registered, and thus could not have overlooked any portion of it. The court did however, determine that the 1988 version of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) was not substantially similar to Dylan's "Dignity" as it differed "in total concept and feel." (Op. at 16). Plaintiff's moving papers do not indicate that he is seeking reconsideration of that finding. Thus, the court was surprised to [**9] receive a document on March 18, 1997, entitled "supplement in support of motion for reconsideration." Attached to the supplement is a statement by plaintiff's expert Paul D. Greene, Ph.D. pertaining to the 1988 version of "Steel Guitars," (also identified as "Dignity" on James Damiano's 1982 copyright registration) which had been fully analyzed and dismissed after the court concluded that there was no substantial similarity from which appropriation could be inferred. In short, plaintiff now seeks to generate new expert opinion testimony, after judgment has been entered, to contradict this court's finding upon matters which the court had thoroughly considered when the matter was extensively briefed and argued. Neither L. Civ. R. 7.1 (g), nor any known concept of jurisprudence, permits a party to generate new expert opinions and offer them, after the fact, as evidence that the court had somehow overlooked. The court will not, at this late date, consider evidence which could and should have been submitted earlier. This court has previously held that "we are in fact bound not to consider such new materials, lest the strictures of our reconsideration rule erode entirely." Resorts International v. Greate Bay Hotel and Casino, Inc., 830 F. Supp. 826, 831 (D.N.J. [**10] 1992). Even if the court were to consider Dr. Greene's report, however, it would not disturb the court's determination that summary judgment was appropriate as to plaintiff's music infringement claim. As discussed in the court's Opinion of December 16, 1996, the final step of an infringement analysis is not dependent on expert testimony. (Op. at 16). Instead, "the general test for determining substantial similarity is whether an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work." Warner Bros. v. American Broadcasting Co., 654 F.2d 204, 208 (2d Cir. 1981). Finally, plaintiff attempts to argue in his motion for reconsideration, as he did prior to dismissal of the music infringement claim, that the Exhibit 71 version is substantially similar to Dylan's "Dignity". Incredibly, to support this argument, plaintiff submits for the very first time in his reply brief on this motion for reconsideration affidavits from twelve individuals. Their purported "lay testimony" consists of form affidavits which all include the

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following statements: I have listened to James Damiano's song "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) marked exhibit # 71. [*636] I [**11] have listened to Bob Dylan's son "Dignity" released on the Bob Dylan, Greatest Hits volume III album. It appears to me that the melody of "dignity" is similar to "Steel Guitars"(also identified as "Dignity" on James Damiano's 1982 copyright registration) Each of the affidavits is dated March 1, 1997, which was two and one-half months after this claim was adjudicated. There is no explanation given for why these affidavits were not submitted earlier, in response to defendants' summary judgment motion and prior to the resolution of this issue on summary judgment. This evidence, like the supplemental expert statement, will not be considered on plaintiff's motion for reconsideration. It should be abundantly clear to plaintiff that "[a] litigant seeking reconsideration must show that any new evidence presented to the court was unavailable or unknown at the time of the original hearing." DeLong Corp. v. Raymond Int'l, Inc., 622 F.2d 1135, 1140 (3d Cir. 1980). Plaintiff does not attempt to make such a showing, and by his various attempts to relitigate previously resolved issues with the aid of previously unrevealed evidence, mocks the reconsideration process. Thus, the court will not reconsider its decision regarding the 1988 version or the Exhibit [**12] 71 version of "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) as plaintiff has failed to show that a dispositive factual issue or controlling decision law was overlooked. The entry of summary judgment in favor of defendants on plaintiff's music infringement claim will not be disturbed. C. Plaintiff's Lyric Infringement Claims Next, plaintiff argues that the court should reconsider its decision to grant summary judgment on plaintiff's lyric claims. He argues, as he did in response to defendants' motion for summary judgment, that his unique arrangements of commonplace lyrics is protectible under copyright laws. In support of this argument, plaintiff does not raise any factual issues or controlling law which the court overlooked. Indeed, the court previously carefully considered more than fourteen separate lyrics by plaintiff, some which were not even included in his complaint, before concluding that plaintiff could not establish a lyric infringement claim for any of those lyrics. Plaintiff now asks the court to reconsider six of his lyrics, which were all previously dismissed for various reasons. 1. "Conceit is a disease" Plaintiff contends that this phrase was infringed by the lyrics of Bob Dylan's 1989 [**13] song "Disease of Conceit." In the Opinion of December 16, 1996, the court noted that plaintiff had not registered this lyric with the copyright office. Although plaintiff asserted at oral argument that he was in the process of registering this lyric when he submitted his opposition brief, he failed to produce any proof of filing to support his claim of pending registration. (Op. at 8). Thus, summary judgment was granted as to this lyric because plaintiff failed to establish a prima facie case of infringement. Plaintiff now claims that he registered this lyric with copyright office on December 5, 1996, and argues that "by way of amendment to the complaint it must be considered." (Pl. Br. at 6). As noted above, plaintiff has never moved to amend his complaint as to either his music infringement claim or any of his lyric infringement claims, nor does he now seek leave to amend. Moreover, as a practical matter, the court does not see how plaintiff could establish that Dylan infringed a lyric copyrighted by plaintiff in 1996, in a song released by Dylan in 1989. Plaintiff fails to provide a justification for reconsidering this claim which was dismissed for failure to provide proof of [**14] ownership of a valid copyright. Plaintiff's post-complaint registration does not cure the defect

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when he made no attempt to amend his complaint prior to the entry of summary judgment. 2. "A different form of treason" This lyric is one of the twelve considered by the court and found to be unprotectible because the lyrics consisted of common words or clich�s, or combinations thereof. This lyric in particular, allegedly infringed by Dylan's line "God don't call it treason," is clearly insufficient to form the basis of an infringement claim. The word "treason," which is the only word in common between Dylan's lyric and plaintiff's lyric, is not, as plaintiff asserts in his motion for reconsideration, "anything but a common phrase." To [*637] the contrary, it is an ordinary single word, used in one context in Damiano's lyric, and another in Dylan's song. Surely, plaintiff cannot think that he is entitled to prevent all musicians from using the word "treason" in a song because he used it in a single lyric. Plaintiff does not own the copyright for the word "treason," although plaintiff may be seeking to perfect a new meaning of the word "frivolous." 3. "Truer words have not been spoken [**15] and once again the truce is broken." This lyric, allegedly infringed by Dylan's lyric "Truer words have never been spoken or broken" was fully considered by the court when it rejected plaintiff's argument that Bob Dylan could not, without infringing plaintiff's work, use the clich� "truer words have not been spoken" in combination with the rhyming word "broken," even when separated by many intervening lines and ideas. (Op. at 11). Plaintiff has offered no reasons to reconsider this determination. 4. "What good is a man" Plaintiff claims that this lyric is infringed by Dylan's lyric "what good am I." Plaintiff urges the court not to accept as mere coincidence that the common words "what good" were used by both Dylan and Damiano. Plaintiff made the identical "coincidence" argument in response to summary judgment and has shown the court no controlling law or fact which was overlooked in rejecting the argument the first time. Plaintiff cannot monopolize the common interrogatory phrase "what good." 5. "I'm not sure of anything half the time anymore"/"Lost days and forgotten years" These two claims which appear in plaintiff's complaint were among six lyrics expressly abandoned [**16] by plaintiff when he failed to address them in response to defendants' motion for summary judgment. These six lyric were reproduced in the court's Opinion at page six, footnote 2, and summary judgment was granted as to each of them since plaintiff failed to come forth with any evidence or argument with respect to those claims. (Op. at 6). Further, at oral argument upon defendants' summary judgment motion, plaintiff's counsel assured the court that he was limiting his case to the 14 lyrics contained in his opposition brief, and would not be seeking any further consideration as to the claims which he failed to pursue. Defendants cite to the pertinent colloquy at oral argument: THE COURT: But the complaint, I understand I should more or less set aside because the infringements that are alleged are the 14 items [contained in the Opposition Brief] MR. KRAMER: Yes, Sir. THE COURT: Is that right? MR. KRAMER: Yes, Sir. THE COURT: Because if I decide this case based on those 14 items, I don't then want a reconsideration motion by either side that says the dispute was really different; it had to do with these six songs [contained in the complaint]. MR. KRAMER: [**17] I don't think Your Honor would face that. THE COURT: All right. MR. KRAMER: At least not from plaintiff. (Tr. at 86). Despite these clear representations by plaintiff's attorney, the court now faces exactly what it was assured it would not -- a reconsideration motion which seeks to revive two of the abandoned claims. Needless to say, the court is not impressed with Mr. Kramer's cavalier disregard for his word as an officer of the court. Claims in litigation are not fungible items to be abandoned and revived at will, rendering plaintiff's theories a moving target. These claims will not now be considered when plaintiff had every opportunity to make these arguments in response to defendants' motion for summary judgment but chose not to. Plaintiff's final point, that the court overlooked plaintiff's overall argument that it was not the use but the combination of common words that formed the basis of his claims, is completely without merit. Plaintiff argued this point at oral argument and in his papers. Since he now does no more than express disagreement with the court's decision, his [*638] motion for

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reconsideration as to his lyric infringement claims will be denied. See [**18] Panna, 760 F. Supp. at 435. E. Plaintiff's State Law Claims In his final argument, plaintiff argues that the court should reconsider the dismissal of his pendent state law claims, arguing that although a work may not be copyrightable, it may still be the subject of a state claim. Plaintiff originally raised claims for misappropriation of property, breach of confidence and fraud. He does not indicate which of these causes of action is the basis of an argument that the court overlooked a dispositive fact or controlling decision of law. Plaintiff merely asserts that he presented evidence that plaintiff gave his lyrics to the defendants and that the lyrics had not been used by defendants prior to plaintiff's submission. Plaintiff does not explain how this evidence, even if accepted as true, establishes any of his state law claims. The court held in the December 16, 1996 Opinion that plaintiff's misappropriation claim was pre-empted by federal copyright law. (Op. at 18). The court further held that plaintiff failed to establish his breach of confidence claim because he offered no proof that defendants owed him a duty or that such a duty could have been breached by their actions. [**19] Finally, the court held that plaintiff failed to produce proof of direct misrepresentations by defendants or that his work was ever used, incorporated or copied by Dylan. (Op. at 19). While plaintiff obviously disagrees with the court's conclusions, he has pointed to no factual issue or controlling decision of law which was overlooked by the court in reaching these decisions. To the extent that plaintiff cites case law that was not previously presented to the court and is not controlling in this court, those cases will not be considered as support for this motion. Also, the court will deny plaintiff's request that the court rely upon the recent case of Sons of Thunder, Inc. v. Borden, Inc., 148 N.J. 396, 690 A.2d 575 (1997), because it has no relevance to this case. Sons of Thunder deals with a breach of contract claim, which plaintiff has not asserted in this case. Therefore, plaintiff's motion for reconsideration of his state law claims is insufficient and will be denied. III. Conclusion For the reasons above, plaintiff's motion for reconsideration of the court's Opinion of December 16, 1996, granting summary judgment to defendants on all of plaintiff's claims, will be denied. [**20] Defendants shall have twenty (20) days to apply for sanctions under Rule 11, Fed. R. Civ. P., and/or for statutory attorney's fees, as previously detailed in the Opinion and Order of December 16, 1996. n3 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n3 Defendants' initial application for summary judgment on the merits was accompanied by an application for dismissal as a sanction under Rule 11, Fed. R. Civ. P., for the filing of a complaint not well-grounded in fact or law. (See Op. filed Dec. 16, 1996, at 2-3). The court deferred consideration of Rule 11 sanctions and/or for attorney's fees under Rule 11 or under the less demanding standard of the Copyright Act, 17 U.S.C. � 505, until such an application could be filed, within fourteen days thereafter. (Id. at 3-4). When defendants sought to enlarge the period to seek attorney's fees because of the prospect that plaintiff would be seeking reconsideration, the court extended the application deadline until fourteen (14) days after decision of any reconsideration motion, which is now further enlarged to give sufficient time to include costs and fees expended in defense of this reconsideration motion as well. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - [**21] An appropriate order follows. JEROME B. SIMANDLE United States District Judge ORDER This matter having come before the court upon plaintiff's motion for reconsideration of the court's Opinion and Order dated December 16, 1996, in which the court granted defendants' motion for summary judgment as to all of plaintiff's federal and state claims; and the court having considered the submissions of the parties; and for the reasons set forth in the Opinion of today's date; IT IS this 20th day of August, 1997, hereby ORDERED that plaintiff's motion for reconsideration be and hereby is DENIED, and that any application by defendants for sanctions under Rule 11, Fed. R. Civ. P., [*639] and/or for statutory attorney's fees shall be filed within twenty (20) days hereof. JEROME B. SIMANDLE United States District Judge The New York law journal released the following article below. Blowin' on the Web It wasn't until a Web site carrying confidential deposition transcripts had attracted more than a million hits that

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attorneys for Bob Dylan and Sony Records even caught on to the fact that there was a problem. Dylan and his record company had been unsuccessfully sued by a New Jersey man who alleged that the veteran songwriter had stolen lyrics from him. A confidentiality order for discovery material had been granted in 1996 after the defendants argued that James Damiano sought to commercially exploit his allegations against Dylan. When the case was thrown out of district court and then dismissed by the appellate court ( Damiano v. Sony Music Entertainment Inc. , 975 F.Supp. 623), the defense attorneys figured that the defendant would continue to respect the confidentiality order. But Damiano, who wound up representing himself after his attorney was disbarred in New York and suspended in New Jersey, says he was frustrated by the injustice of his situation and has "a right to tell my story," he said. After realizing that the information had been posted on Damiano's Web site, defense lawyer Steven Johnson, of Philadelphia's Hecker Brown Sherry and Johnson, moved for a contempt finding against Damiano, which was granted Oct. 29. The consequences have yet to be determined. Damiano, meanwhile, has pulled down his Web site and has promised to try to contact those who've elsewhere posted deposition testimony taken from the site. Johnson, for his part, says the case has taught him the need to make absolutely clear -- as in perfectly plain English -- to opposing parties what their obligations are and make sure that a confidentiality order explicitly addresses information that finds its way to the Internet. http://www.callaw.com /weekly/glitz/glitzy15.html Di Mari Ricker, a contributing writer at California Law Week , covers entertainment law for American Lawyer Media. Even after this article was published in the law journal Bob Dylan did not file a slander suit. The song displayed below was submitted to Elliot Mintz,Tony Tiller and other members of Dylan's entourage.
I was sitting in a downtown Village coffeehouse Listening to the guitarist strummin the strings Just wandering somewhere In a daze of thoughts among a million other things he took a break put down the guitar Came down off the stage walked over to my table sat down to talk said hello through the haze Lost days and forgotten years Washed away from tears Spoke just ten words

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And I knew him well And everyone of his fears He claimed to be a Christian With fierce certainty believed for sure He'd be saved through Christianity Made me read the Bible Wanted me to see Dragged me into his home To pray over me Lost days and forgotten years Washed away by tears Spoke just ten words and I Knew him well and everyone of his fears His religion turned to superstition And he thought he understood All the wrong there is In this world to understand And all there is that's good

Allegations exist that the melody line of "Knockin on Heavens Door" is the same melody line as Neil Young's song "Helpless". Please note Neil Young's was released and played on the radio five years before Bob Dylan released "Knockin on Heavens door". A similar allegation exists as to Bob Dylan's song "Like A Rolling Stone" and "Hang On Sloopy". The melody line is the same. "Hang on Sloopy" was released and played on the radio seven years before Dylan released "Like A Rolling Stone" Other allegations exist that Bob Dylan "Shelter From The Storm" is the exact same melody line as John Fogerty's "Down Around The Corner" It is unconstitutional for this court to accept as truth the biased contention of Bob Dylan's attorney, Orin Snyder, when no unbiased facts exist to support Mr. Snyder�s allegation that James Damiano attempted to commercially exploit his claims against Mr. Dylan, in which defendants utilized to obtain a confidentiality order in this law suit designating all discovery materials as confidential and which Judge Simandle cited as the primary basis for the dismissal of this law suit. It is also difficult to display the extent of Bob Dylan's guilt when the evidence which incriminates Mr. Dylan is designated as confidential. "Bob Dylan's surreptitious solicitation of James Damiano's songs warrants a mandate for justice to be corrected." Library of Congress registration number TXU 547-786 A paramount signature of what has become of the United States Judicial System

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copyright Damiano 1988 Bob Dylan has pertinent information concerning allegations brought forth by his attorney's on his behalf and must come to court to answer pertinent questions concerning his Motion to hold plaintiff James Damiano in contempt for alleged violations of Judge Joel B. Rosen�s order designating all discovery materials as confidential. See below notice for Bob Dylan to appear. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO VS. CV95-4795 (JBS) BOB DYLAN. ET AL NOTICE TO APPEAR VIA FAX AND MOTION Please take notice that plaintiff, James Damiano shall subpoena Bob Dylan on November 11, 1999 at 1:30 PM, at One John F Gerry Plaza, Camden New Jersey, 08010 to testify in the above case in reference to defendants motion to hold plaintiff James Damiano in contempt for violations of Judge Joel B. Rosen�s order for confidentiality. Subpoena attached. James Damiano___________ Dated 11/11/99 CERTIFICATE OF SERVICE James Damiano certifies that he served the foregoing notice to appear to Steven D. Johnson counsel for Bob Dylan. James Damiano____________________________ Parcher Hayes 382 0200 This lawsuit James Damiano vs. Bob Dylan for copyright infringement Civil # 95-4795 (JBS) was dismissed without prejudice by The Honorable Judge Jerome B. Simandle (Federal Court)Camden, District of New Jersey). All documents and statements contained in this document have been produced to Bob Dylan's attorney Orin Snyder of Parcher Hayes & Snyder 500 5th Avenue New York New York. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JAMES DAMIANO, Plaintiff against BOB DYLAN Defendants C 95-4795 (JBS)

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SUPPLEMENT IN SUPPORT OF PLAINTIFF'S MOTION OF RECONSIDERATION OF JUDGE JEROME B. SIMANDLE'S MEMORANDUM OPINION OF FINDING JAMES DAMIANO IN CONTEMPT FOR ALLEGEDLY VIOLATING JUDGE JOEL B. ROSIN'S CONFIDENTIALITY ORDER, MOTION TO VACATE SAID ORDER, MOTION FOR ADMISSIONS, MOTION TO REVERSE JUDGE SIMANDLE'S DISMISSAL AND OPPOSITION TO DEFENDANTS BRIEF OPPOSING SAID MOTION Due to the amount of fraud committed in this suit Plaintiff James Damiano is forced to serve Bob Dylan through the internet. A CD ROM containing the information cited in this website was sent to Bob Dylan's attorney Orin Snyder of Parcher Hayes and Snyder James Damiano hereby serves Bob Dylan via E-mail to Steven D. Johnson. This website address has been e-mailed To Bob Dylan's attorney Steven D. Johnson After six and a half years, thirty five hours of depositions, and after three and a half million dollars have been spent on this litigation there has not been a counter-suit, libel suit, or defamation suit filed by Bob Dylan and or Sony Music Entertainment. Plaintiff's website declaration containing the material facts cited in this document was posted on the world wide internet for six years and five months and defendants still to this date, June 1 2002 have not contested the issues of fact or the issues of solicitation by defendants of plaintiffs songs cited herein. DECLARATION OF JAMES DAMIANO #2. James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that: No unbiased facts, no unbiased evidence or no unbiased testimony exists to support Judge Jerome B. Simandle of the United States federal court, District of New Jersey's decision to dismiss Plaintiff James Domino's lawsuit against Bob Dylan for copyright infringement case no 95- 4795 (JBS). EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2001 IN ___________________________________________________________ James Damiano ______________________ The following letter was sent to James Damiano RobertChurch@aol.com, lawjournalreview@yahoo.com, aaustin@amlaw.com, acohen@amlaw.com, adouglas@aispub.com, agries@heckerbrown.com, amarsh@aispub.com, annebarragar@dwt.com, apacheco@proskauer.com, aparnes@proskauer.com, artlaws@aol.com, aselich@amlaw.com, bervin@aispub.com, bferro@heckerbrown.com, bgoodman@absnlaw.com, bobdylan@yahoogroups.com, bplevan@proskauer.com, bplum@proskauer.com, bpola@proskauer.com, calpert@absnlaw.com, carolbernick@dwt.com, carolynfoley@dwt.com, carroll.stevens@yale.edu, "jess clarck" , clark112000@aol.com, clark112000@yahoo.com, clarkl112000@aol.com From: "Jesse Clark" Date: Fri, 22 Aug 2003 07:03:57 -0700 (PDT) Subject: [bobdylan] Office of the Courts Hon. Richard J. Williams, Administrative Director of New Jersey Courts P.O. Box 001 Trenton NJ 08625-0001 Dear Judge Williams: I am the plaintiff in a copyright infringement law suit with the singer / songwriter Bob Dylan. I have extensive evidence of fraud committed by attorneys for Bob Dylan, Orin Snyder Esq. of Parcher Hayes & Snyder, and Steven D. Johnson Esq. of Hecker Brown Sherry & Johnson. I recently found a letter which mysteriously appeared in my home sent to me by Governor Whitman's office directing me to you. Please find enclosed information concerning Orin Snyder and Steven D. Johnson's fraud Thank you Sincerely James Damiano State on New Jersey Office of the Governor P.O. Box 001 Trenton NJ 08625-00001 Mr. James Damiano XXX XXX Court Lakewood, New Jersey 08701 Dear Mr. Damiano: Thank you for writing Governor Whitman. I appreciate the opportunity to respond on her behalf. Please be advised that

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the constituitional separation of powers prohibits the Governor's involvement in judicial matters. Given the nature of your correspondence, I have asked Richard J. Williams, acting administrative director of the Administrative Office of the Courts, which is part of the judicial branch of government, to review your concerns and respond to you directly. I trust that the reply you receive will be helpful to you. Should you wish to contact Acting Administrative Director Williams, you can write to the Administrative Office of the Courts, Richard J. Hughes Justice Complex, P.O. Box 037, Trenton, NJ 08625, or call (609) 984-0078. Again, thank you for writing to Governor Whitman. Best wishes. Sincerely, Matthew J. Buckley Aide to the Governor She's got so much to learn But then again so do I Will I ever be good enough for her Will she find the truth out When she dies But she's the one Who brought it up Could she be the devils bait I picked up this pen I wrote this confession I wrote Rosie I'm out of faith

Bob Dylan played at President Clinton's inaugural ball" An aerial view of the "Reunion on the Mall" held as part of the Clinton/Gore Inaugural. With tents stretching from the Capitol to the Washington Monument, it was reported to be the largest festival ever held on the Mall. This photo was taken from a U.S. Park Police helicopter hovering so the top of the Monument is in the foreground of the picture. A dramatic night photo of the Washington Monument covered by lights during the ceremonies marking the opening of the Clinton/Gore Inaugural. The Lincoln Memorial and a bank of spotlights are in the background. This photo was taken from the top of the clock tower on the Smithsonian Castle building on the Mall. Hillary Clinton greets visitors and shakes hands along a fence on the Mall in Washington during her visit to "The Reunion on the Mall" held as part of the Clinton/Gore Inaugural. An aerial view of the Lincoln Memorial during the "Call for Reunion," a two-hour outdoor concert kicking off the Clinton/Gore Inaugural. Hundreds of thousands of people crowded onto the Mall for the free concert which featured such entertainers as Aretha Franklin, Michael Bolton, Tony Bennett, Bob Dylan, Diana Ross and rapper L-L Cool J.

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The Clintons and the Gores wave to the crowd at the opening to the "Call for Reunion" a two-hour outdoor concert kicking off the Clinton/Gore Inaugural. Hundreds of thousands of people crowded onto the Mall for the free concert. Dec. 20, 2004 11:26am ET The Early Show CBS Evening News 48 Hours 60 Minutes (SUN) 60 Minutes (WED) All Broadcasts Dylan Looks Back On Dec. 5, 2004 CBS interviewed Bob Dylan Dylan Breaks His Silence Bob Dylan appears on 60 Minutes in his first television interview in nearly 20 years. (Photo: CBS) "I never wanted to be a prophet or a savior. Elvis maybe. I could see myself becoming him. But prophet? No." Bob Dylan The music legend talks to Ed Bradley about his career, the press, and his family. (Photo: CBS/60 Minutes) Chronicles, Volume One (CBS) There is no living musician who has been more influential than Bob Dylan. Over a 43-year career, his distinctive twang and poetic lyrics have produced some of the most memorable songs ever written. In the '60s, his songs of protest and turmoil spoke to an entire generation. While his life has been the subject of endless interpretation, Dylan has been largely silent. Now, at 63, he has written a memoir called "Chronicles, Volume One." Correspondent Ed Bradley got to sit down with this music legend in his first television interview in nearly 20 years. Dylan is mysterious, elusive, fascinating � just like his music. Over more than four decades, Dylan has produced 500 songs and more than 40 albums. Does he ever look back at the music he's written with surprise? "I used to. I don't do that anymore. I don't know how I got to write those songs. Those early songs were almost magically written," says Dylan, who quotes from his 1964 classic, "It's Alright, Ma." "Try to sit down and write something like that. There's a magic to that, and it's not Siegfried and Roy kind of magic, you know? It's a different kind of a penetrating magic. And, you know, I did it. I did it at one time." Does he think he can do it again today? No, says Dylan. "You can't do something forever," he says. "I did it once, and I can do other things now. But, I can't do that." Dylan has been writing music since he was a teenager in the remote town of Hibbing, Minn. He was the eldest of two sons of Abraham and Beatty Zimmerman. How was his childhood? "I really didn't consider myself happy or unhappy," says Dylan. "I always knew that there was something out there that I needed to get to. And it wasn't where I was at that particular moment." In his book, Dylan writes that he came alive at 19, when he moved to Greenwich Village in New York City � which at the time was the frenetic center of the '60s counterculture. Within months, Dylan had signed a recording

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contract with Columbia Records. "You refer to New York as the capital of the world. But when you told your father that, he thought that it was a joke," says Bradley. "Did your parents approve of you being a singer-songwriter? Going to New York?" "No. They wouldn't have wanted that for me. But my parents never went anywhere," says Dylan. "My father probably thought the capital of the world was wherever he was at the time. It couldn't possibly be anyplace else. Where he and his wife were in their own home, that, for them, was the capital of the world." So what made Dylan different? What pushed him out there? "I listened to the radio a lot. I hung out in the record stores. And I slam-banged around on the guitar and played the piano and learned songs from a world which didn't exist around me," says Dylan. He says that he knew even then that he was destined to become a music legend. "I was heading for the fantastic lights," he writes. "Destiny was looking right at me and nobody else." What does the word "destiny" mean to Dylan? "It's a feeling you have that you know something about yourself - nobody else does - the picture you have in your mind of what you're about will come true," says Dylan. "It's kind of a thing you kind of have to keep to your own self, because it's a fragile feeling. And if you put it out there, somebody will kill it. So, it�s best to keep that all inside." When Bradley asked Dylan why he changed his name from Robert Zimmerman, he said that was destiny, too. "Some people � you're born, you know, the wrong names, wrong parents. I mean, that happens," says Dylan. "You call yourself what you want to call yourself. This is the land of the free." Dylan created a world inspired by old folk music, with piercing and poetic lyrics, in songs such as "A Hard Rain�s A-Gonna Fall." These were songs that reflected the tension and unrest of the civil rights and anti-war movements of the '60s. It was an explosive mixture that turned Dylan, by 25, into a cultural and political icon - playing to sold out concert halls around the world, and followed by people wherever he went. Dylan was called the voice of his generation � and was actually referred to as a prophet, a messiah. Yet Dylan says he saw himself simply as a musician: "You feel like an impostor when someone thinks you're something and you're not." What was the image that people had of him? And what was the reality? "The image of me was certainly not a songwriter or a singer," says Dylan. "It was more like some kind of a threat to society in some kind of way." What was the toughest part for him personally? "It was like being in an Edgar Allan Poe story. And you're just not that person everybody thinks you are, though they call you that all the time," says Dylan. "'You're the prophet. You're the savior.' I never wanted to be a prophet or savior. Elvis maybe. I could easily see myself becoming him. But prophet? No." He may not have seen himself as the voice of the '60s generation, but his songs were viewed as anthems that sparked a moment. "My stuff were songs, you know? They weren't sermons," says Dylan. "If you examine the songs, I don't believe

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you're gonna find anything in there that says that I'm a spokesman for anybody or anything really." "But they saw it," says Bradley. "They must not have heard the songs," says Dylan. "It's ironic, that the way that people viewed you was just the polar opposite of the way you viewed yourself," says Bradley. "Isn't that something," says Dylan. Dylan did almost anything to shatter the lofty image many people had of him. He writes that he intentionally made bad records, and once poured whiskey over his head in public. He also writes that, as a stunt, he went to Israel and made a point of having his picture taken at the Wailing Wall wearing a skullcap. When he went to Israel, he writes that the newspapers changed him overnight into a Zionist. How did this help? "If the common perception of me out there in the public was that I was either a drunk, or I was a sicko, or a Zionist, or a Buddhist, or a Catholic, or a Mormon � all of this was better than 'Archbishop of Anarchy,'" says Dylan, referring to being considered the voice of a generation opposed to everything. Dylan was especially opposed to the media, which he says were always trying to pin him down. He wrote, "The press, I figured, you lied to it." Why? "I realized at the time that the press, the media, they're not the judge - God's the judge," says Dylan. "The only person you have to think about lying twice to is either yourself or to God. The press isn't either of them. And I just figured they're irrelevant." Dylan tried to run away from all of that. In the mid-'60s, he retreated with his wife and three young children to Woodstock, N.Y. But even there, he couldn�t escape the legions of fans who descended on his home, begging for an audience with the legend himself. He says people would actually come to the house, wanting to "discuss things with me, politics and philosophy and organic farming and things." What did Dylan know about organic farming? "Nothing," he says. "Not a thing." What did he mean when he wrote that "the funny thing about fame is that nobody believes it's you"? "People, they'll say, 'Are you who I think you are?' And you'll say, 'I don't know.' Then, they'll say, 'You're him.' And you'll say, 'OK, you know, that � yes,'" says Dylan. "And then, the next thing they'll say, 'Well, no, you know? Like are you really him? You're not him.' And, you know, that can go on and on." He says he doesn't like to eat in restaurants because of all the attention he gets. And he says he has never gotten use to it. At his peak, fame was taking its toll on Dylan. He was heading toward a divorce from his wife, Sara. And in concerts, he wore white makeup to mask himself. But his songs revealed the pain. About his ex-wife, Dylan says: "She was with me back then, through thick and thin, you know? And it just wasn't the kind of life that she had ever envisioned for herself, any more the than the kind of life that I was living, that I had envisioned for mine." By the mid-1980s, Dylan felt he was burned out and over the hill. And he wrote some pretty harsh words about

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himself: "I'm a '60s troubadour, a folk-rock relic. A wordsmith from bygone days. I'm in the bottomless pit of cultural oblivion." "I'd seen all these titles written about me," says Dylan. "I believed it, anyway. I wasn't getting any thrill out of performing. I thought it might be time to close it up. � I had thought I'd just put it away for a while. But then I started thinking, 'That's enough, you know?'" But within a few years, Dylan said he had recaptured his creative spark, and went back on the road. He performed more than 100 concerts a year. And he won three Grammy awards in 1998 for his album, "Time Out Of Mind." At 63, Dylan remains a voice as unique and powerful as any there has ever been in American music. His fellow musicians paid tribute to him when he was inducted into the Rock and Roll Hall of Fame, joining him in a rousing rendition of his most famous song, "Like a Rolling Stone." That song was recently named by Rolling Stone magazine as the No. 1 song of all time. And he has 12 other songs on their list of the Top 500. "That must be good to have as part of your legacy," says Bradley. "Oh, maybe this week. But you know, the list, they change names, and you know, quite frequently, really. I don't really pay much attention to that," says Dylan. "But it's a pat on the back," says Bradley. "This week it is," Dylan replies. "But who's to say how long that's gonna last?" His success, however, has lasted a long time. Dylan is still performing all of his songs on tour, and he says he doesn't take any of it for granted. So why is he still out there? "It goes back to that destiny thing. I mean, I made a bargain with it, you know, long time ago. And I'm holding up my end � to get where I am now," says Dylan. And with whom did he make the bargain? "With the chief commander," says Dylan, laughing. "In this earth and in the world we can't see." Dylan has been nominated this year for the Nobel Prize in literature for his songwriting. His new book has been a bestseller for the past seven weeks. It was published by Simon & Schuster, which is owned by Viacom, the parent company of CBS. Dylan is planning to write two more volumes of his memoirs. lpetrich@lpsla.com, maas@murphyaustin.com, mackenzie@mackenzielawfirm.com, madams@sonnenschein.com, maieta@gsblaw.com, mail@luthi.co.il, mail@rlblawfirm.com, malazraki@manatt.com, malbert@sonnenschein.com, malegre@kenyon.com, malivernini@heckerbrown.com, "Vision DJ Management" , mangert@kenyon.com, marain@scgk.com, margaret.kartomi@arts.monash.edu.au, maronchick@hangley.com, mathewsc@howrey.com, mbarr@algoodbody.ie, mbarrett@agsk.com, mbarry@gcd.com, mbasile@law.harvard.edu, mbergman@sonnenschein.com, mboyles@scgk.com, mbutterman@scgk.com, mcampillo@ellisvenable.com, mccubbrey@manatt.com http://www.geocities.com/proposal112000/james_Damaino.html The following article was written by Geoff McMaster on February 21, 2003 Bob Dylan's loving thievery Is Bob Dylan a genius or a thief? by Geoff McMaster Folio Staff

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Bob Dylan often walks a fine line between plagiarism and allusion, and therein lies his genius. That was the conclusion of Dylan biographer and former University of Alberta professor Dr. Stephen Scobie at a unique symposium sponsored by the English Department. Scobie, a celebrated poet in his own right, demonstrated myriad ways in which Bob Dylan unabashedly weaves an intertext of quotations in many of his lyrics. Pointing to the song High Water (for Charley Patton) from Dylan's 2001 release, "Love and Theft", Scobie noted that the song included more than a dozen quotations from sources as varied as English Nursery Rhymes, AfricanAmerican Blues, an obscure 1950s pop song, and even Charlotte Bronte's Jane Eyre. In some instances, whole lines and even couplets are lifted verbatim from the source. The title of the album itself, "Love and Theft", deliberately set in quotation marks on the CD cover, can be seen as Dylan's acknowledgment that songwriting intensely engages with both acts. "Dylan takes the whole idea of love and theft very seriously," said Scobie. "He loves the stuff, but also unashamedly steals it." You could call it post-modern intertextuality, or "good old-fashioned plagiarism," said Scobie. "At what point does allusion become quotation or become theft?" But the result, at least under the stroke of Dylan's pen, is a dazzling and evocative tapestry. The song becomes more suggestive, opens up more thematic directions, upon each listening. And, Scobie asks, what act of writing isn't on some level an act of theft anyway? Scobie has spent enough time with Dylan's lyrics, with the tradition of English literature, and with the "love and theft" of writing poetry to know. He's written two books on Dylan, one a critical work called Alias Bob Dylan (soon to be re-released), and one a poem sequence called And Forget My Name: A Speculative Biography of Bob Dylan. The University of Victoria English professor has also won the Governor General's Award for McAlmon's Chinese Opera. Since Scobie was on campus as external examiner for a doctoral defense, the English department's visiting speaker chair, Dr. Ted Bishop, thought it would be the perfect opportunity to snag him for a talk in the Culture on the Edge lecture series. "What I'm trying to do with all of these is to arrange talks of interest to a wider community than just honours English students, or indeed students from the Faculty of Arts," Bishop said. Previous talks have taken up The Sopranos television series and motorcycle culture. The Dylan talk was held at Fiore's Cantina on 109th Street to provide some distance from the sometimes-stifling environment of academia, says Bishop. "The idea is to try and take something into the community; people have a different kind of discussion when they are off campus." Bishop also invited local CKUA radio announcer and musician Lionel Rault to play a few Dylan songs and talk about Dylan's influence on his own songwriting. Rault pointed out that Dylan's borrowing of material is an organic feature of both the blues and folk music traditions in North America. Indeed, many blues artists would just add a single verse, or even just one line, to a song in circulation and call it their own, he said. "Bob was also messing around with the persona of the beat poet, and it was a very attractive combination of things," said Rault, recalling his own early days as a professional musician hugely influenced by the master songwriter. "I went right down that lost highway as quickly as I could get there after I heard Bob Dylan doing it." Jim Edwards of the New Jersey Law Journal has written a factually inaccurate article about the James Damiano /

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Bob Dylan copyright infringement litigation. The facts contained in this motion are the true facts and uncontested facts of this case. To display the motive behind Jim Edwards' publishing of his inaccurate article we have this to say: Mr Edwards did not include the following website address of this motion http://www.geocities.com /proposal112000/James_Damiano.html )in his article which disabled his readers from drawing a subjective and unbiased opinion of this litigation. Plaintiff James Damiano also contends that it is uncontested that Bob Dylan's lead attorney Orin Snyder Esq. has comitted an abundance of fraud in this litigation and that he has notified Judge Simandle and Mr. Snyder's attorney Mary Jo White of said fraud and that Mr. Snyder has been aware of Mr. Damiano's statements against him for a number of years and that Orin Snyder has not contested James Damiano's documented statements about him. News Release December 5, 2003 James Damiano has released a new cd "Justice" and also The movie "Dignity" Episode 1 (a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof. (b) For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c) Motion and Proceedings Thereon. The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. (e) Form of Affidavits; Further Testimony; Defense Required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party. (f) When Affidavits are Unavailable. Should it appear from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. (g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused the other party to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt. On June 18th James Damiano E-mailed the

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following E-mail to Bob Dylan's attorney Steven D. Johnson. Hecker Brown Sherry and Johnson LLP 1700 Two Logan Square 18th and Arch Streets Philadelphia, Pennsylvania 19103-2769 Telephone: 215-446-6264 Fax: 215-636-0366 900 Haddon Ave Suite 412 Collingswood, New Jersey 08108-1903 Telephone: 856-796-9000 Fax: 856-796-9006 sjohnson@heckerbrown.com http://www.heckerbrown.com Dear Mr. Johnson You are beyond the date returnable to answer James Damiano's motion. In fact you are more than sixty days late. You cannot hide from this matter anymore. There are witnesses that you have been served. You must notify Orin Snyder which I'm, sure you have done. I spoke to the US marshal's service and they wanted to know when you were served initially. I told them you were served through E-mail in June 2002. We are out of courtesy sending it to you via your E-mail address at sjohnson@heckerbrown.com once again. Dear Mr. Johnson: Please find enclosed a link to Plaintiff's motion to vacate Judge Joel B. Rosen's order for confidentiality, Motion for Admissions, and other motions RE James Damiano vs. Bob Dylan for Copyright Infringement CV 95-4795 JBS. Bob Dylan's suppression of the truth (The confidentiality order) is adverse to the truth being a defense for libel and the first amendment, (Freedom of Speech). Judge Simandle's decision is in conflict and adverse to the first amendment. Basic and simple: In every deposition of this lawsuit the witness's were sworn to tell the truth. The truth is a perfect defense for libel yet, all depositions were designated confidential by Judge Joel B. Rosen. Damiano was found guilty of contempt for posting the truth on the Internet. He was unable to protect himself with deposition's that incriminate Bob Dylan. He was unable to protect himself with the truth. That concept is un-American.

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Judge Simandle's ruling to hold James Damiano in contempt for disseminating deposition materials on the Internet in violation of the courts confidentiality order designating all discovery materials confidential in James Damiano Vs. Bob Dylan for copyright infringement ( CV 95-4795 JBS ) jeopardizes the first amendment Rights, of every American. Elliot Mintz who is Bob Dylan's publicist testified in a video taped deposition the following: "Under the subject of mistruths spoken to your client during the course of these telephone conversations he would frequently ask me to pass along information to Bob, asked questions about Bob or to Bob about him and I in fact told him that I would and that I did and on those occasions, that of course was a mistruth. [Deposition of Elliot Mintz] Mr. Mintz's deposition is 183 pages. Further Judge Simandle opined: Plaintiff asserts that "the bulk of his life's work" was submitted to Sony beginning in 1982. (Compl. at 2). He also alleges that he was told to bring his songs to several concerts which he attended courtesy of Sony. Plaintiff has produced evidence that after these [**18] concerts, he was allowed backstage and gave his work to Dylan or his agents. (Damiano Decl. at PP 2, 5; Dep. of Pam Damiano at 77-84, 97-104; Dep. of Brad Wright at 105-112). Taking these allegations as true, plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work. From Judge Simandle's Decision END OF E-MAIL RE Damiano V. Bob Dylan for copyright infringement. CV 95-4795 (JBS) The following letter has been E-mailed to Bob Dylan's attorney Steven D. Johnson and all the partners and associates of the firm Hecker Brown Sherry & Johnson. Dear Firm: Please be informed that Steven D. Johnson and Orin Snyder have committed an abundance of fraud in their motion to hold James Damiano in contempt Re: James Damiano Vs. Bob Dylan for copyright infringement. CV 95-4795 (JBS). Orin Snyder and Steven D. Johnson both were aware that there were eleven years of documented facts of James Damiano's association with Bob Dylan and Dylan's management. Not only did Orin Snyder and Steven D. Johnson ignore Mr. Damiano's testimony regarding, Mr. Damiano working with CBS for eleven years. They never denied or Contested, Mr. Damiano's testimony. Also, Bob Dylan, Orin Snyder and or Mr. Johnson never contested or denied Mr. Damiano's Testimony regarding Bob Dylan's solicitation of plaintiff Damiano's music. All of said facts incriminate Mr. Dylan and were left disregarded and unresolved after Judge Simandle's decision to dismiss the case . The courts dismissal endorsed the appearance of partiality by Judge Simandle. All decisions by Judge Simandle in this case were at best subjective. Disregarding Judge Simandle's subjective decisions, Orin Snyder and Steven D. Johnson's knowledge of these facts document the extent of their fraud in filing a motion to have James Damiano held in contempt of the courts confidentiality order. The legality of the confidentiality order is irrelevant given the fact that someone anonymously published and posted Mr. Damiano's website on the World Wide Internet for the last six and a half years and defendants Bob Dylan and Sony Music have not filed a motion to have it taken off the internet. Judge Simandle's decision to dismiss is inconsistent with the evidence produced to the court. Many lawsuits have

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survived summary judgment with only a few material facts .In this case Damiano has fifty hours of video taped depositions which incriminate Bob Dylan and Bob Dylan's attorney Orin Snyder ( who forgot he was wearing a microphone at the Elliot Mintz's deposition ), eleven years of documented facts of Dylan's solicitation of Damiano's music, extremely credible expert testimony from a Harvard musicologist with a PH-D, and sworn blatant admissions of guilt by defendants. All of the above evidence was disregard by the court when Judge Jerome B. Simandle dismissed the lawsuit in summary Judgment. ( Defendant first procedural motion, which was not legally substantial enough to warrant summary judgment.)Orin Snyder and Steven D. Johnson filed their contempt motion to hold JamesDamiano in violation of the confidentiality order based on Damiano disseminating said facts and deposition materials on the Internet, all of which incriminate their client Bob Dylan. Plaintiff Damiano produces the following transcript in support of his proof that it is conclusive that Orin Snyder and Steven D. Johnson were aware of Damiano's "Eleven Years" association with Bob Dylan and CBS Records thus both Snyder and Johnson who are attorneys for Bob Dylan committed fraud. In the following transcript James Damiano testified under oath in his contempt hearing in front of The Honorable Judge Jerome B. Simandle :"I feel like there is so much testimony and documentation of your clients solicitation of my music over a period of eleven years, and there's deposition materials to that effect which no one made reference to in the lawsuit, I feel it's an unfair decision. I feel that I wrote songs for eleven years with Mikie Harris, those songs showed up on Bob Dylan's albums. No one ever made referenceto the eleven years that I worked with CBS. No, No, one's ever contested those issues." NEW EVIDENCE It is judicially conclusive that Judge Simandle's decision to dismiss this lawsuit violated standard law procedure as pursuant to the Federal Rules of Civil Procedure. Fed. R. Civ. P. 56(c). Throughout the litigation and discovery of this lawsuit and after the dismissal of Plaintiff's reconsideration motion Bob Dylan's lead attorneys Orin Snyder and Steven D. Johnson engaged in unlawful, unscrupulous illegal and unethical practices. Mr. Snyder's, as well as Steven D. Johnson's, unlawful and nefarious behavior is documented in this motion. Plaintiff has learned of allegations that Mr. Snyder and or other associates of Mr. Snyder's law firm have committed this same unlawful and unscrupulous behavior in another lawsuit. In James Damiano Vs. Sony Music Inc and Bob Dylan Judge Simandle wrote in his decision � Thus, there is nothing for the court to "reconsider" because plaintiff's amendment argument was raised for the first time in this motion for reconsideration. See NL Industries, Inc., 935 F. Supp. at 516 ("Reconsideration motions . . . may not be used . . . to raise arguments or present evidence that could have been raised prior to the entry of judgment."). Plaintiff stipulates that the following evidence did not exist until after the dismissal of this lawsuit. This evidence also did not exist until after Plaintiff filed his last reconsideration motion thus could not have raised these issues prior to summary judgment. It has been recently reported in the media, that the lead attorney representing Bob Dylan in this action Orin Snyder has been accused of falsifying evidence and lying in a lawsuit. Mr. Snyder retained Mary Jo While as legal counsel.

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Plaintiff notified Mr. Snyder's attorney Mary Jo White via Ms. White's E-mail address. See document below. RE: James Damano Vs Bob Dylan CV 95-4795 (JBS) Infringement Debevoise & Plimpton Mary Jo White 919 Third Avenue New York, NY 10022 Dear Ms. White: I am the plaintiff in James Damano Vs Bob Dylan CV 95-4795 (JBS) I am acting pro se in this matter. You have not responded to my last E-mail to you so I am resubmitting it to you once again. I have learned of allegations that Bob Dylan's attorneys Jonathan Liebman and or Orin Snyder lied to the court and falsified documents in the Selletti Vs Carey lawsuit see article below. Mariah 'Hero' Sued For $20 Million Mariah Carey has a legal case that won't go away. On Friday, I was faxed papers showing that Christopher Selletti is suing her again over the song Hero. He wants $20 million in damages. Selletti is also suing Carey's attorneys, Orin Snyder and Jonathan Liebman (now with Brillstein Grey Entertainment) and her songwriting partner Walter Afanasieff. He accuses them of falsifying evidence and lying in the Hero case. Selletti has tried suing Carey before over Hero, only to have his case dismissed. But, as I first reported six years ago, there is a lot of questionable stuff in this case. Enough to warrant a real trial with real testimony presided over by an objective jurist but Judge Denny Chin has consistently done strange things regarding this case and these participants. In the 60-plus page document, Selletti's attorney Jeffrey Levitt cites many of Chin's odd decisions. I am sorry to say that this is precisely what Orin Snyder of Parcher Hayes & Snyder did in my lawsuit after learning that my copyright registration predated Bob Dylan's copyright registration. Exactly what they did was produce what they claimed to be "Bob Dylan creation materials" which were analyzed by my expert Dr. Green, a musicologist from Harvard who concluded that the Dylan creation materials did not at all provide, any evidence, as to the independent creation of the Song, "Dignity". I am requesting that you send me all documents relevant to the above allegations. I will be filing an ethics complaint with the office of attorney ethics against Orin Snyder. I will also be submitting this motion, as an exhibit. I am also requesting that you forward the following E-mail which contains a link to my Motion to reverse the courts decision to dismiss to Orin Snyder and Parcher and Hayes.

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I was surprised to learn Parcher Hayes and Snyder do not have a website for their firm. In the near future or when time permits Mr. Damiano will be visiting the Manhattan Court where this matter is being adjudicated to read a copy of the complaint and review the pleadings . After doing so Plaintiff Damiano will submit a copy of that complaint to this court. The following information is a summary of what occurred in James Damiano Vs. Bob Dylan through the eyes of an American filmmaker, a director and the plaintiff.James Damiano. Please be assured all statements are true and correct Sincerely James Damiano James Damiano Vs. Bob Dylan CV 95-4795 JBS Few artists can lay claim to the controversy that has surrounded the career of songwriter, James Damiano. Twenty-two years ago James Damiano began an odyssey that led him into a legal maelstrom with Bob Dylan that has become a paramount signature of what has become of the United States Judicial System. As the curtain rises on the stage of deceit, we learn that CBS, used songs and lyrics, for international recording artist Bob Dylan. Bob Dylan's name is credited to the songs. One of those songs is nominated for a Grammy. Ironically the title of that song is "Dignity" Since auditioning for the legendary CBS Record producer John Hammond, Sr., who influenced the careers of music industry icons Billy Holiday, Bob Dylan, Pete Seger, Bruce Springsteen and Stevie Ray Vaughan, James has engaged in a multi-million dollar copyright infringement lawsuit with Bob Dylan. To our knowledge there has been only one article written about this suit and released by the press. The article was written by Larry Hicks and published in New Jersey's Morris County "Daily Record" on October 3, 1995, when the headline "Mount Olive composer sues Bob Dylan" appeared on the front page. Patricia Keil a spokeswoman for Sony commented on the allegations "We don't normally comment on pending litigation but we know Bob Dylan wrote all of these songs." It is now six and a half years later and we have this to say: After thirty-five hours of video taped depositions, and after three and a half million dollars have been spent on this litigation, defendants Sony Music and or Bob Dylan still to this date September 18th 2002, have never filed a counter, slander or libel suit against Damiano. Defendants have been aware of James Damiano's public statements made against Bob Dylan for over ten years.. Defendants also refuse to answer, deny or refute material questions regarding Bob Dylan's solicitation of Damiano's songs and music. The lawful time allowed for the filing of such motions is well passed. In 1979, James Damiano met Mikie Harris. Mikie introduced James to the legendary CBS Record producer John Hammond Sr. James eventually auditioned for Mr. Hammond with an acoustic guitar. This is a story of music industry corruption and intrigue, of the "little guy's" daunting struggle against big business and a legal system that not only failed to work for justice and fair play, but also allowed itself to be manipulated for unprecedented vengeance.

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In an unbelievable, but true story, we relive Damiano's seductive times with top, music industry artists and agents. In a chilling chapter of this saga James meets the highly acclaimed and legendary bass player Jaco Pastorius. Jaco takes a liking and personal interest in James and his music. Eventually James moved into Jaco's apartment on Jones Street in Greenwich Village and Paul Butterfield came to stay for a while. We watch as James intrigues the industry with some of the hottest Rock and Roll tracks ever to be recorded as Jaco coaches. After his twenty-five year rise to the top we then suffer with James at the malicious indifference and arrogant abuse of top industry officials. Finally we rise with him to fight back in a court system covertly manipulated by powerfully sinister forces yet James, in the course of the lawsuit establishes "access" through the courts ruling. Judge Simandle ruled in his December 1995 opinion "Plaintiff has demonstrated a genuine issue of material fact as to whether defendants had access to his work." Judge Simandle also ruled "This court will accept as true, Plaintiff's allegation that Sony represented to him that he would be credited and compensated for his work if Dylan used it." Even motive for the basis of the lawsuit is established through a 1988 Associated Press article by Kathryn Baker who interviewed Bob Dylan. Ms. Baker writes " �he didn't have enough material of his own for an album." Ms. Baker was deposed however her testimony remains confidential information That is only available to the court and not to the general public. Bob Dylan filed a motion for all discovery materials to be designated as confidential and was granted the request by Federal Magistrate Judge, The Honorable Judge Joel B. Rosen and upheld by Judge Jerome B. Simandle. Bob Dylan's publicist Elliot Mintz who had been soliciting James Damiano's music for years is present at the Dylan Baker interview. Mr. Mintz reviewed the article for accuracy before it was submitted to the Associated Press for final release. In other words Elliot Mintz who solicited James Damiano's songs was well aware that Bob Dylan (in Ms. Bakers words) did not have enough songs. During the course of the investigation Damiano stumbles upon some interesting facts, all of which support his claims. He learns that the melody line for "Knocking, On Heaven Door" is almost an exact clone of Neil Young's song "Helpless." "Knocking of Heavens Door" is released years after "Helpless" was played on the radio. Again learning that yet another Dylan song "Shelter From The Storm" seems to be another exact melodic clone of John Foggerty's "Down Around The Corner" which Foggerty released years before Bob Dylan released "Shelter From The Storm" As James learns of allegations about "Masters Of War" the melody line written by Jackie Washington. Please note there is a website on the Internet which has been left uncontested stating that Jackie Washington wrote the melody line for "Masters of War"

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Another songwriter Eric Von Schmidt who personally knew Bob Dylan published his allegations in a book released by The Cambridge Press" that he wrote "Baby Let Me Follow Down". Von Schmidt also published his allegations in the Cambridge press. As the table starts to turn and "Eleven Years" enters the genre of mystery and comedy as the big fifth avenue corporate machine becomes helpless in defending against the true documented facts. CONFLICT OF INTEREST Damiano learns of allegations that, Steven M. Kramer (the attorney who represented him in this lawsuit ) was previously employed by Parcher & Hayes. Parcher & Hayes is the same firm who represented Bob Dylan in this lawsuit. Judge Jerome B. Simandle ruled: "Indeed as Defendants themselves profess, plaintiff may exercise his first amendment right to speak about his claims with whomever he so desires, he is only prohibited from exploiting the discovery materials obtained during the course of this litigation for publicity, profit or collateral gain.". "Finally, the limited nature of the 1996 protective orders does not preclude Damiano from publishing his own version of reality to whomever he chooses, so long as the materials and testimony that came to Damiano under the discovery process in this case are not themselves disclosed." James has been associated with the most influential entertainment industry producers, all of his songwriting career. Besides working with John Hammond Sr. James is the brother-in-law of Richard Frankel a two-time Pulitzer prize winner and the producer of many award winning Broadway plays including "The Producers." "The Producers" made history after winning twelve Toni awards, one more Toni than "Hello Dolly." James has contacted Ben Elliot, Grammy Award winning music producer/engineer for Keith Richards, Eric Clapton, etc. to produce the his next album. Based upon his factual experiences documented in the account "11 Years" and leading up to his eventual copyright infringement suit with Bob Dylan, Sony Music and CBS Records this issue becomes not only the most compelling stories of generations and the rock and roll genre but it also becomes a paramount signature of what has become of the United States Judicial System. Damiano has Dylan beat at every stage of the game, from Dylan not being able to deny the allegations of Dylan's solicitation of Damiano's songs, to motive and finally to the credentials of the music experts. Damiano's musicologist graduated Magna Cum Laude from Harvard. This E-mail was sent to me from one of the most prominent intellectual property Attorneys in the country: Please review. Thank You. RE: James Damiano Vs. Bob Dylan CV 0547 (JBS) James Thanks for the disclaimer. I think in general, all you need to show for Copyright infringement is access and substantial similarity. To avoid summary judgment against you, the plaintiff, there would have to be some dispute as to any material fact.

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In your case, it would seem that all material facts are in dispute and no judge should grant summary judgment in favor of Dylan. Further, the moving party has the initial burden of proving that no genuine issue of material fact exist. So, yeah, it seems like there are a thousand facts in dispute in your case and were I a judge, I'd never award summary judgment in favor of the other side. END OF E-MAIL Exhibit A UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CV 95-4795 (JBS JAMES DAMIANO, Plaintiff against SONY MUSIC ENTERTAINMENT INC and BOB DYLAN Defendants PLAINTIFF'S MOTION FOR DEFAULT AGAINST BOB DYLAN, MOTION TO RECUSE THE HONORABLE JUDGE JEROME B. SIMANDLE, MOTION TO REVERSE ALL RULINGS IN THIS LITIGATION, MOTION TO VACATE PROTECTIVE CONFIDENTIAL ORDERS ENTERED IN THIS LITIGATION , MOTION FOR ADMISSIONS OF DEFENDANTS BOB DYLAN AND SONY MUSIC INC, MOTION TO REVERSE JUDGE SIMANDLE'S DISMISSAL After seven years, fifty hours of video taped depositions, and after three and a half million dollars have been spent on this litigation there has not been a counter-suit filed by Bob Dylan and or Sony Music Entertainment. Plaintiff's website declaration containing the enclosed issues of facts cited in this document has been posted on the world wide internet for six years and nine months and defendants still to this date, March 29th, 2003 have not contested the issues of fact or the issues of solicitation by defendants of plaintiffs songs cited herein. Defendants did however filed a motion for contempt against plaintiff for violating Judge Joel B. Rosen's order designating all discovery as confidential, including expert testimony, and deposition transcripts. All witness's in this litigation were sworn to tell the truth. The truth is a perfect defense for libel. It is impossible to exploit the truth. This court should know that Plaintiff has been counseled by many attorney's and some Judges who believe that the outcome of this lawsuit so far is unjust and as a matter of law and at the very least the unresolved issues of facts could have only been decided by a jury. DECLARATION OF JAMES DAMIANO #2. James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that: No unbias facts, no unbias evidence or no unbias testimony exists to support Judge Jerome B. Simandle's decision to dismiss Plaintiff James Damiano's lawsuit against Bob Dylan for copyright infringement case no 95- 4795 (JBS).

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EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2001 IN ___________________________________________________________ James Damiano ____________________________________ CERTIFICATION OF JAMES DAMIANO SEPT 29 2000 Dated September 29, 2000 This motion conclusively refutes the courts decision to enter summary judgment in favor of the defendants. This motion also conclusively refutes the foundation of defendant�s bias, fabricated, primary defense that Plaintiff was delusional and documents to the record that Defendants have intentionally made false statements to this court. There are issues of facts left unresolved after the courts dismissal. The decision of Judge Simandle to dismiss this lawsuit is subjective. This court is attempting to hide from the public, deposition materials which incriminate Bob Dylan. An Example of this would be Elliot Mintz Bob Dylan's publicist of ten years testified under oath in a video taped deposition when deposed by Plaintiff's attorney: "Under the subject of mistruths spoken to your client during the course of these telephone conversations he would frequently ask me to pass along information, ask questions about Bob or to Bob about him and in fact told him that I would and that I did ond on those occasions that of course was a mistruth." Judge Simandle ignored this admission. The primary Defendant in this litigation ( Bob Dylan ) refuses to take a deposition. The primary Defendant in this litigation ( Bob Dylan ) never submitted an affidavit of denial or an affidavit addressing the unresolved issues cited herein. Plaintiff's Motion for Request for admissions: Plaintiff stipulates that the facts expressed within this motion will be conclusively deemed as truth within 30 days of August 3, 2000, should they be left disproved by anyone. At such time said admissions and facts expressed within this motion will be deemed as truth, entered upon the record of this court and docketed with the clerk. The fact issues expressed within this motion concerning Defendants eleven year association with Plaintiff and all fact issues expressed within this motion concerning Defendants solicitation of Plaintiff James Damiano's songs, will be deemed admitted after thirty days unless defendants deny the forgoing with specificity. pursuant to FRDCP rule 36. Dylan since has released Chronicles Volume 1 Dec. 20, 2004 11:26am ET The Early Show CBS Evening News 48 Hours 60 Minutes (SUN) 60 Minutes (WED) All Broadcasts Dylan Looks Back

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On Dec. 5, 2004 CBS interviewed Bob Dylan Dylan Breaks His Silence Bob Dylan appears on 60 Minutes in his first television interview in nearly 20 years. (Photo: CBS) "I never wanted to be a prophet or a savior. Elvis maybe. I could see myself becoming him. But prophet? No." Bob Dylan The music legend talks to Ed Bradley about his career, the press, and his family. (Photo: CBS/60 Minutes) Chronicles, Volume One (advertisement) (CBS) There is no living musician who has been more influential than Bob Dylan. Over a 43-year career, his distinctive twang and poetic lyrics have produced some of the most memorable songs ever written. In the '60s, his songs of protest and turmoil spoke to an entire generation. While his life has been the subject of endless interpretation, Dylan has been largely silent. Now, at 63, he has written a memoir called "Chronicles, Volume One." Correspondent Ed Bradley got to sit down with this music legend in his first television interview in nearly 20 years. Dylan is mysterious, elusive, fascinating � just like his music. Over more than four decades, Dylan has produced 500 songs and more than 40 albums. Does he ever look back at the music he's written with surprise? "I used to. I don't do that anymore. I don't know how I got to write those songs. Those early songs were almost magically written," says Dylan, who quotes from his 1964 classic, "It's Alright, Ma." "Try to sit down and write something like that. There's a magic to that, and it's not Siegfried and Roy kind of magic, you know? It's a different kind of a penetrating magic. And, you know, I did it. I did it at one time." (Does he think he can do it again today? No, says Dylan. "You can't do something forever," he says. "I did it once, and I can do other things now. But, I can't do that." (Dylan has been writing music since he was a teenager in the remote town of Hibbing, Minn. He was the eldest of two sons of Abraham and Beatty Zimmerman. (How was his childhood? "I really didn't consider myself happy or unhappy," says Dylan. "I always knew that there was something out there that I needed to get to. And it wasn't where I was at that particular moment." (In his book, Dylan writes that he came alive at 19, when he moved to Greenwich Village in New York City � which at the time was the frenetic center of the '60s counterculture. Within months, Dylan had signed a recording contract with Columbia Records. ("You refer to New York as the capital of the world. But when you told your father that, he thought that it was a joke," says Bradley. "Did your parents approve of you being a singer-songwriter? Going to New York?" ("No. They wouldn't have wanted that for me. But my parents never went anywhere," says Dylan. "My father probably thought the capital of the world was wherever he was at the time. It couldn't possibly be anyplace else. Where he and his wife were in their own home, that, for them, was the capital of the world." (So what made Dylan different? What pushed him out there? ("I listened to the radio a lot. I hung out in the record stores. And I slam-banged around on the guitar and played the piano and learned songs from a world which didn't exist around me," says Dylan.

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(He says that he knew even then that he was destined to become a music legend. "I was heading for the fantastic lights," he writes. "Destiny was looking right at me and nobody else." (What does the word "destiny" mean to Dylan? ("It's a feeling you have that you know something about yourself - nobody else does - the picture you have in your mind of what you're about will come true," says Dylan. "It's kind of a thing you kind of have to keep to your own self, because it's a fragile feeling. And if you put it out there, somebody will kill it. So, it�s best to keep that all inside." (When Bradley asked Dylan why he changed his name from Robert Zimmerman, he said that was destiny, too. "Some people � you're born, you know, the wrong names, wrong parents. I mean, that happens," says Dylan. "You call yourself what you want to call yourself. This is the land of the free." (Dylan created a world inspired by old folk music, with piercing and poetic lyrics, in songs such as "A Hard Rain�s A-Gonna Fall." These were songs that reflected the tension and unrest of the civil rights and anti-war movements of the '60s. (It was an explosive mixture that turned Dylan, by 25, into a cultural and political icon - playing to sold out concert halls around the world, and followed by people wherever he went. Dylan was called the voice of his generation � and was actually referred to as a prophet, a messiah. (Yet Dylan says he saw himself simply as a musician: "You feel like an impostor when someone thinks you're something and you're not." (What was the image that people had of him? And what was the reality? ("The image of me was certainly not a songwriter or a singer," says Dylan. "It was more like some kind of a threat to society in some kind of way." (What was the toughest part for him personally? "It was like being in an Edgar Allan Poe story. And you're just not that person everybody thinks you are, though they call you that all the time," says Dylan. "'You're the prophet. You're the savior.' I never wanted to be a prophet or savior. Elvis maybe. I could easily see myself becoming him. But prophet? No." (He may not have seen himself as the voice of the '60s generation, but his songs were viewed as anthems that sparked a moment. ("My stuff were songs, you know? They weren't sermons," says Dylan. "If you examine the songs, I don't believe you're gonna find anything in there that says that I'm a spokesman for anybody or anything really." ("But they saw it," says Bradley. ("They must not have heard the songs," says Dylan. ("It's ironic, that the way that people viewed you was just the polar opposite of the way you viewed yourself," says Bradley. ("Isn't that something," says Dylan. (Dylan did almost anything to shatter the lofty image many people had of him. He writes that he intentionally made bad records, and once poured whiskey over his head in public.

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(He also writes that, as a stunt, he went to Israel and made a point of having his picture taken at the Wailing Wall wearing a skullcap. When he went to Israel, he writes that the newspapers changed him overnight into a Zionist. How did this help? ("If the common perception of me out there in the public was that I was either a drunk, or I was a sicko, or a Zionist, or a Buddhist, or a Catholic, or a Mormon � all of this was better than 'Archbishop of Anarchy,'" says Dylan, referring to being considered the voice of a generation opposed to everything. (Dylan was especially opposed to the media, which he says were always trying to pin him down. He wrote, "The press, I figured, you lied to it." Why? ("I realized at the time that the press, the media, they're not the judge - God's the judge," says Dylan. "The only person you have to think about lying twice to is either yourself or to God. The press isn't either of them. And I just figured they're irrelevant." (Dylan tried to run away from all of that. In the mid-'60s, he retreated with his wife and three young children to Woodstock, N.Y. But even there, he couldn�t escape the legions of fans who descended on his home, begging for an audience with the legend himself. He says people would actually come to the house, wanting to "discuss things with me, politics and philosophy and organic farming and things." (What did Dylan know about organic farming? "Nothing," he says. "Not a thing." (What did he mean when he wrote that "the funny thing about fame is that nobody believes it's you"? ("People, they'll say, 'Are you who I think you are?' And you'll say, 'I don't know.' Then, they'll say, 'You're him.' And you'll say, 'OK, you know, that � yes,'" says Dylan. "And then, the next thing they'll say, 'Well, no, you know? Like are you really him? You're not him.' And, you know, that can go on and on." (He says he doesn't like to eat in restaurants because of all the attention he gets. And he says he has never gotten use to it. (At his peak, fame was taking its toll on Dylan. He was heading toward a divorce from his wife, Sara. And in concerts, he wore white makeup to mask himself. But his songs revealed the pain. (About his ex-wife, Dylan says: "She was with me back then, through thick and thin, you know? And it just wasn't the kind of life that she had ever envisioned for herself, any more the than the kind of life that I was living, that I had envisioned for mine." (By the mid-1980s, Dylan felt he was burned out and over the hill. And he wrote some pretty harsh words about himself: "I'm a '60s troubadour, a folk-rock relic. A wordsmith from bygone days. I'm in the bottomless pit of cultural oblivion." ("I'd seen all these titles written about me," says Dylan. "I believed it, anyway. I wasn't getting any thrill out of performing. I thought it might be time to close it up. � I had thought I'd just put it away for a while. But then I started thinking, 'That's enough, you know?'" (But within a few years, Dylan said he had recaptured his creative spark, and went back on the road. He performed more than 100 concerts a year. And he won three Grammy awards in 1998 for his album, "Time Out Of Mind." (At 63, Dylan remains a voice as unique and powerful as any there has ever been in American music.

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(His fellow musicians paid tribute to him when he was inducted into the Rock and Roll Hall of Fame, joining him in a rousing rendition of his most famous song, "Like a Rolling Stone." That song was recently named by Rolling Stone magazine as the No. 1 song of all time. And he has 12 other songs on their list of the Top 500. ("That must be good to have as part of your legacy," says Bradley. ("Oh, maybe this week. But you know, the list, they change names, and you know, quite frequently, really. I don't really pay much attention to that," says Dylan. ("But it's a pat on the back," says Bradley. ("This week it is," Dylan replies. "But who's to say how long that's gonna last?" (His success, however, has lasted a long time. Dylan is still performing all of his songs on tour, and he says he doesn't take any of it for granted. (So why is he still out there? ("It goes back to that destiny thing. I mean, I made a bargain with it, you know, long time ago. And I'm holding up my end � to get where I am now," says Dylan. (And with whom did he make the bargain? "With the chief commander," says Dylan, laughing. "In this earth and in the world we can't see." (Dylan has been nominated this year for the Nobel Prize in literature for his songwriting. His new book has been a bestseller for the past seven weeks. It was published by Simon & Schuster, which is owned by Viacom, the parent company of CBS. Dylan is planning to write two more volumes of his memoirs. (The following article written by Jim Edwards was published in the New Jersey Law Journal on March 27 2003. The article reveals just how bias the media can be. (Litigation Like a Rolling Stone A songwriter's copyright infringement suit against Bob Dylan is still in the federal courts after eight years (Jim Edwards New Jersey Law Journal 03-27-2003 Fifteen years ago, Bob Dylan met amateur guitarist James Damiano in a dark, rain-soaked parking lot outside a concert theater in Jones Beach, N.Y. The storied singer had just left the stage and was about to get on his tour bus when Damiano slipped through an unlocked gate to intercept him, the fan claims. Damiano handed Dylan's bus driver a package, and was so nervous that he managed to utter only seven words to the star: "Tony Tiller, Tony Tiller at CBS Records." Dylan said nothing. The meeting lasted only a few seconds. "Dylan nodded to me, turned around and walked back to the bus," Damiano says. "The door shut and the bus drove away." That meeting, the contents of the package and the meaning of Damiano's seven words have since spurred eight years of litigation in Newark, N.J., federal district court. Damiano claims that the package contained songs he wrote for Dylan on the recommendation of Tiller, a CBS Records producer, and that Dylan turned those songs into hits and neither credited nor paid him. Specifically, Damiano claims that several Dylan songs, including "God Knows," "Disease of Conceit," "Most of the Time" and "Dignity" -- the latter was on Dylan's Greatest Hits Vol. 3 -- were written by him.

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The most interesting aspect of the case, however, is not the tantalizing notion that Dylan may have stolen some of his best work -- Judge Jerome Simandle ruled Damiano's claim bogus in 1996, noting that the songs "just don't sound alike" -- rather, it is the question of why the case is still going on after all this time. The case has been closed and reopened three times. Almost every ruling on every motion has gone against Damiano, and his appeal was turned back by the 3rd U.S. Circuit Court of Appeals five years ago. Nonetheless, Simandle is considering new reconsideration briefs from Damiano and Dylan on whether the litigation should continue -- the third set of such motions in the life of the case. In fact, the saga of Damiano v. Sony Music and Bob Dylan, No. 95-4795, is mostly about the ability of a pro se plaintiff to keep the object of his obsession tied up in court seemingly indefinitely, despite a meritless complaint. "Every circuit has what they call frequent filers," says Prof. Ira Robbins of American University Washington College of Law, a former pro se law clerk at the 2nd U.S. Circuit Court of Appeals. "They can bog down the court." Paul Thompson, a former Essex County presiding civil judge and now of counsel to Tompkins, McGuire, Wachenfeld & Barry in Newark, agrees, noting, "Ultimately they go away, but not without a great deal of difficulty." BAD COMPANY Back in 1995, when Damiano filed his initial complaint, it could have been an open-and-shut case. Damiano had to prove only three things: that Dylan had access to Damiano's songs prior to publishing; that the recorded songs were similar to Damiano's; and that Damiano's original material was copyrighted. On its face, the complaint seemed plausible. It listed the similar lyrics of both men. It provided a detailed timeline of alleged meetings between Damiano and Dylan's associates, including occasions when songs were handed to his record company. It also contained a transcript of an expert's analysis of Damiano and Dylan's songs, which concluded that the two are similar. Indeed, three months after the complaint was filed, Damiano won his claim by default when Dylan failed to answer. It was a short-lived win. It was also the last. It turned out that neither Sony nor Dylan had been served with papers; they had no idea they were being sued. The default was quickly overturned. Failing to serve the defendants was not Damiano's first mistake. That occurred before he even got near the courthouse. Damiano retained litigation pit bull Steven Kramer of Steven Kramer & Associates in New York to write the complaint. In 1991, Kramer's reputation was riding high. He won $239.4 million in an antitrust case, followed the next year by a $61.5 million verdict in a similar action, two of the largest awards New Jersey had ever seen. He was widely regarded as an eccentric, intense trial lawyer whom juries loved and judges hated. Those awards did not withstand post-trial scrutiny, however, and by the time Damiano retained him, Kramer's victories had crumbled in a series of disciplinary actions, appeals and fee disputes. It was only in 2002 that the true extent of Kramer's eccentricities became apparent, when he was finally disbarred by the state supreme court after 38 instances of professional misconduct across various jurisdictions. That misconduct included the hiring of a private detective to "investigate" Chief Judge John Bissell, who was presiding over one of Kramer's cases, in hopes of finding material that could be used to blackmail him. Back in 1995, however, Kramer's problems had not fully bloomed.

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Once Dylan was served, his lawyers filed a summary judgment motion. Looking for a genuine issue of material fact, Simandle could not find one. The songs did not sound similar and the evidence indicated it was Damiano's songs that were probably stolen from Dylan, not the other way around, wrote the Camden-based judge. Even if they were not stolen, the judge continued, Damiano certainly had created them for the sole purpose of filing suit. "Plaintiff's complaint, consisting of various snippets of various origin that are rearranged and stitched together under made-for-litigation titles, is a cut-and-paste job," the judge said. Damiano's songs had not even been copyrighted -- the very first hurdle a plaintiff has to cross in a copyright infringement suit. The entire claim was a fraud, Simandle ruled. But Damiano was undeterred. He had already engaged the defense in a year of discovery proceedings, including the deposition of several witnesses -- two of whom gave credence to Damiano's alleged meeting with Dylan in the parking lot -- and garnered some personal letters and other correspondence. So Kramer filed for a motion of reconsideration. Between the filing and ruling, however, Kramer's misdeeds in other cases caught up with him and he was suspended from the practice of law. In 1997, Simandle again ruled in favor of Dylan, dismissing the reconsideration motion. ENLISTING THE PRESS At this stage, most plaintiffs would realize that they had lost. But Damiano, now working pro se, began to exhibit the kind of magical thinking common to obsessive pro se litigants. Specifically, he believed that Kramer's discovery had provided proof of his case. In particular, Kramer had managed to depose a former Associated Press reporter who had taped an interview with Dylan upon the release of "Down in the Groove," Dylan's 1988 album on which he sung other people's songs. The reporter, Kathryn Baker, had asked Dylan in the interview why he had composed so little original material. Dylan replied, "There's no rule that claims that anyone must write their own songs." Dylan went on to tell Baker he did not have enough material for an album of his own work, and that his songwriting ability was not what it used to be. "In the old days, I could get to it real quick," Dylan said. "I can't get to it like that no more. It's not that simple." Damiano regarded that exchange as a smoking gun, indicating Dylan's motive for stealing his songs: In the same year Dylan admitted he had writer's block, he was handed Damiano's package at Jones Beach. Even Dylan's bus driver said in a separate deposition that he had received a package from Damiano. At this time, Damiano had come to believe that Dylan and Simandle were conspiring against him. The judge had not allowed Damiano to depose Dylan, after all. In his pleadings, Damiano regards himself as "the little guy" locked in a "daunting struggle against big business and [the] legal system, [which is] covertly manipulated by powerfully sinister forces." An obsessive pro se "will come to court believing firmly that he or she has been wronged," says Robbins, the former 2nd Circuit clerk. "It's a real problem when the litigant doesn't know even the rudiments of judicial process." Clark Alpert of West Orange's Alpert, Butler, Sanders, Norton & Bearg, who has made dealing with insistent, unlawyered litigants something of a specialty, agrees: "Pro se's will kind of do or say anything," he notes.

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Damiano did not respond to repeated attempts to reach him by telephone and e-mail to addresses listed on his Web sites. The various addresses given for him in the pleadings appear without telephone numbers, or are out of date. Calls made to people with the same name in the towns he lists as home were unsuccessful -- there was no answer, the people answering said they were not James Damiano or messages were not returned. Believing that the suit was over, Dylan's attorney, Orin Snyder of Parcher, Hayes & Snyder in New York, decided to recoup the singer's legal costs. He filed motions demanding fees and contempt fines. As far back as 1996, Snyder had found Damiano trying to sell Dylan mementoes obtained through discovery in Rolling Stone magazine's classifieds section. Damiano also had sent a manuscript to The New Yorker and the tabloid TV show "A Current Affair." Snyder also found that Damiano and an acquaintance had agreed to attempt to sell the movie rights to Damiano's saga. "He was going to use the information he got for financial gain," Snyder says. Snyder obtained a protective order rendering all discovery confidential, but Damiano repeatedly offered items for sale or posted copies on the Internet. By August 2000, Simandle had found Damiano in contempt of two of his confidentiality orders and had ordered he pay costs and Snyder's legal bills -- $14,000. Rather than pay the bill, Damiano went back to where he started. Two weeks after the fines were levied, he filed another motion for "reconsideration" of the 1996 order, the first substantive ruling in the case. In November 2000, Simandle denied the motion. OBSESSION UNBROKEN Damiano then disappeared from the court's docket for two years. Snyder, Dylan and Simandle could have been forgiven for thinking they would never hear from him again. But last December, Damiano filed yet another reconsideration motion. Unlike the papers filed by Kramer, which bore the appearance of regular pleadings, Damiano's motions provide a nonlegal look inside the plaintiff's mind. It's a disconcerting landscape: The motions, which are hundreds of pages long, start off in similar form to those a lawyer might file. But after the first page they quickly devolve into the story of his life, copies of correspondence between him and various music industry figures, news clippings about unrelated pop stars and their achievements, and long lists of pretty much everything Damiano knows about Dylan. "He keeps on filing motions," says Snyder. Damiano has also started a letter-writing campaign. Snyder says Mary Jo White, former U.S. Attorney for the Southern District of New York and now a partner at Debevoise & Plimpton there, received Damiano's e-mails, which claim that Snyder lied in an unrelated copyright case in which he defended Mariah Carey. White's current office confirms she received the e-mail. Former Gov. Christine Todd Whitman also received a letter, according to Snyder's deposition of Damiano. "He's writing to everyone, anyone he knows who has a relationship to me," Snyder says. Hateful letter writing is common to an obsessive pro se, according to Bettina Plevan, a partner at Proskauer Rose in New York. "It's particularly disconcerting, I find, to junior lawyers who have not perhaps experienced it before," she says. Plevan should know. In the late 1980s she defended Chase Manhattan in a sexual harassment suit brought pro se by former bank employee Carolee Koster. When the judge finally ruled against Koster after years of litigation, Koster's father hunted the judge down and shot him to death.

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No one is suggesting that the Damiano case is heading in that direction. Snyder says he has asked the judge to enjoin Damiano from continuing to file -- a common remedy for vexatious litigants -- but Simandle's recent correspondence with the parties does not indicate that will happen. Damiano's last motion reads, "[Now] is as good a time as any to review the facts. ... After six and a half years [sic], thirty five hours of videotaped depositions, and after three and a half million dollars have been spent on this litigation there has not been a counter-suit slander or libel suit filed by Bob Dylan." The pages also accuse Simandle of partiality and demand his recusal. Damiano seems to believe that because Snyder did not contest certain Web sites Damiano created about Dylan that his allegations must therefore be true. "This litigation is so over," Snyder says. Fat man lookin' in a blade of steel Thin man lookin' at his last meal Hollow man lookin' in a cottonfield For dignity Fat man lookin' in a blade of steel Thin man lookin' at his last meal Hollow man lookin' in a cottonfield For dignity Wise man lookin' in a blade of grass Young man lookin' in the shadows that pass Poor man lookin' through painted glass For dignity Somebody got murdered on New Year's Eve Somebody said dignity was the first to leave I went into the city, went into the town Went into the land of the midnight sun Searchin' high, searchin' low Searchin' everywhere I know Askin' the cops wherever I go Have you seen dignity? Blind man breakin' out of a trance Puts both his hands in the pockets of chance Hopin' to find one circumstance Of dignity I went to the wedding of Mary-lou She said �I don't want nobody see me talkin' to you� Said she could get killed if she told me what she knew About dignity I went down where the vultures feed I would've got deeper, but there wasn't any need Heard the tongues of angels and the tongues of men Wasn't any difference to me Chilly wind sharp as a razor blade House on fire, debts unpaid Gonna stand at the window, gonna ask the maid Have you seen dignity? Drinkin' man listens to the voice he hears In a crowded room full of covered up mirrors Lookin' into the lost forgotten years For dignity Met Prince Phillip at the home of the blues Said he'd give me information if his name wasn't used He wanted money up front, said he was abused By dignity Footprints runnin' cross the silver sand Steps goin' down into tattoo land I met the sons of darkness and the sons of light In the bordertowns of despair Got no place to fade, got no coat I'm on the rollin' river in a jerkin' boat Tryin' to read a note somebody wrote About dignity Sick man lookin' for the doctor's cure Lookin' at his hands for the lines that were And into every masterpiece of literature for dignity

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Englishman stranded in the blackheart wind Combin' his hair back, his future looks thin Bites the bullet and he looks within For dignity Someone showed me a picture and I just laughed Dignity never been photographed I went into the red, went into the black Into the valley of dry bone dreams So many roads, so much at stake So many dead ends, I'm at the edge of the lake Sometimes I wonder what it's gonna take To find dignity Wise man lookin' in a blade of grass Young man lookin' in the shadows that pass Poor man lookin' through painted glass For dignity Somebody got murdered on New Year's Eve Somebody said dignity was the first to leave I went into the city, went into the town Went into the land of the midnight sun Searchin' high, searchin' low Searchin' everywhere I know Askin' the cops wherever I go Have you seen dignity? Blind man breakin' out of a trance Puts both his hands in the pockets of chance Hopin' to find one circumstance Of dignity I went to the wedding of Mary-lou She said "I don't want nobody see me talkin' to you" "Said she could get killed if she told me what she knew About dignity" I went down where the vultures feed I would've got deeper, but there wasn't any need Heard the tongues of angels and the tongues of men Wasn't any difference to me Chilly wind sharp as a razor blade House on fire, debts unpaid Gonna stand at the window, gonna ask the maid Have you seen dignity? Drinkin' man listens to the voice he hears In a crowded room full of covered up mirrors Lookin' into the lost forgotten years For dignity Met Prince Phillip at the home of the blues Said he'd give me information if his name wasn't used He wanted money up front, said he was abused By dignity Footprints runnin' cross the silver sand Steps goin' down into tattoo land I met the sons of darkness and the sons of light In the bordertowns of despair Got no place to fade, got no coat I'm on the rollin' river in a jerkin' boat Tryin' to read a note somebody wrote About dignity Sick man lookin' for the doctor's cure Lookin' at his hands for the lines that were And into every masterpiece of literature for dignity Englishman stranded in the blackheart wind Combin' his hair back, his future looks thin Bites the bullet and he looks within For dignity Someone showed me a picture and I just laughed Dignity never been photographed I went into the red, went into the black Into the valley of dry bone dreams So many roads, so much at stake So many dead ends, I'm at the edge of the lake Sometimes I wonder what it's gonna take To find dignity proposal112000@yahoo.com

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A paramount signature of what has become of the United States Judicial System Lead attorney for Bob Dylan Orin Snyder has committed an abundance of fraud in this litigation. Orin Snyder has also been accused in the Carey Selletti lawsuit of falsifying information and lying to the court. Plaintiff has produced evidence to Judge Simandle of Mr. Snyders ethics violations. Judge Simandle has up to this date disregarded this information

Few artists can lay claim to the controversy that has surrounded the career of songwriter James Damiano. Twenty-two years ago James Damiano began an odyssey that led him into a legal maelstrom with Bob Dylan that, to this day, fascinates the greatest of intellectual minds.

As the curtain rises on the stage of deceit we learn that CBS used songs and lyrics for international recording artist, Bob Dylan. Bob Dylan's name is credited to the songs. One of those songs is nominated for a Grammy as best rock song of the year. Ironically the title of that song is Dignity.

Since auditioning for the legendary CBS Record producer John Hammond, Sr., who influenced the careers of music industry icons Billy Holiday, Bob Dylan, Pete Seger, Bruce Springsteen and Stevie Ray Vaughan, James has engaged in a multimillion dollar copyright infringement law suit with Bob Dylan. Plaintiff's music analysis in this litigation was prepared by Dr. Paul Greene who graduated magna cum laude from Harvard University. The expert comparative music analysis of James Damiano's song "Steel Guitars" and Bob Dylan's song "Dignity" prepared by Dr. Greene who graduated magna cum laude from Harvard University has been ordered confidential by The Honorable Judge Joel B Rosen and enforced by Judge Jerome B. Simandle It is uncontested by Bob Dylan and or Bob Dylan's law firms Manatt, Phelps & Phillips, Parcher Hayes & Snyder, and Gibson Dunn & Crutcher that Bob Dylan and hecker Brown and Sherry that people in Bob Dylan's entourage have solicited James Damiano's songs and music for over ten years and eleven months. James Damiano pursuant to 28 U.S.C. Sec. 1746, declares under penalty of perjury that: 1979 Years ago I read an unauthorized biography about Bob Dylan, in which the author made reference to a man who at one time was considered to be the president of CBS Records. His name was John Hammond, Sr. He was family to the Vanderbilts, Attended Yale law school, the most sought after record producer in the United States, and had signed Pete Seeger to Columbia Records 1960. In fact John Hammond Sr. was and probably will always be considered the most influential music executive in the world by music industry professionals. After years of working in the music industry, Mr. Hammond established himself as a legend and accomplished a reputation as having the best ears in the business by signing a fascinating number of legendary artists to the record world. Billy Holiday, Count Basie, Charlie Christian, Duke Ellington, Aretha Franklin, George Benson, Bob Dylan, Bruce Springsteen along with many other artists including Stevie Ray Vaughan were John Hammond affiliates.

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Bob Dylan and John Hammond Sr. Inspired by the book I read, I decided to take a long shot and called CBS Records on the phone. The operator answered and I asked to be put through to John Hammond's office. The receptionist rang his office and a woman named Mikie Harris answered the phone. Mikie Harris Mikie Harris I told Mikie that I was a lyricist and asked her if she had a few seconds to listen to one lyric. She replied yes by saying "Shoot." I then recited a lyric to her that I had recently written and said "the lyric is: Just think how beautiful you'd feel if you knew your love was real." Within a few seconds I could tell Mikie liked the lyric. I in turn did not want to push to hard on the first phone call fearing that I might put her behind schedule, so I tried to inch my way out of the conversation politely while trying not to show my emotions but before the conversation ended between Mikie and me, she made it explicit that she wanted me to call again. She repeatedly told me to feel free to call her there at the office. So began a relationship where we would converse through actual meetings or correspond over the phone, that lasted close to seven and a half years. Mikie told me that her name would be appearing in the credits on Stevie Ray Vaughan's album that was released in 1983. When the album was released it listed John Hammond Sr. As Executive producer and Mikie Harris as Production Assistant. Stevie Ray Vaughan later recorded on Bob Dylan's "Under the Red Sky" album, released in 1990. On June 6th 1987 Mikie wrote a letter to me stating ; Mikie Harris is given production credits as Assistant to Producer John Hammond. Stevie Ray Vaughan played on Bob Dylan's album "Under the Red Sky." In fact, numerous musicians that played on the "Bob Dylan Unplugged" album also shared similar credits on Stevie Ray Vaughan albums. Mikie Harris is given production credits as Assistant to Producer John Hammond on Stevie Ray Vaughan's album. When I (James Damiano ) received the June 15th, 1987 letter from Mikie Harris stating that she could not be of assistance to me, I called her at CBS and asked to speak to her. A man answered the phone and told me that Mikie was at the hospital with Mr. Hammond. His name was Tony Tiller and he said that he was watching over the office while Mikie was out. Mr. Tiller then asked me if I was the person who wrote the material on Mr. Hammond' s desk. I asked him what material he was referring to and he replied the songs in the big black notebook. I replied yes and we started to converse about the songs. He told me that he liked them and invited me up to CBS to meet with him. Tony showed a great deal of enthusiasm for my material. We started meeting or corresponding over the phone as Mikie and I had and Anthony started inviting me to parties in New York that other CBS people would attend.

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On August 31st 1988 I (James Damiano) received the following letter from CBS

Nick Kuntz has recently written the following statement: To Whom It May Concern: It is my belief and opinion that in the matter of the law suit James Damiano vs. Sony Music and Bob Dylan that defendants' attorney Orin Snyder did misrepresent and misconstrue my deposition testimony to the court. In that action, Mr. Snyder made false accusations that James Damiano and I attempted to perpetrate against Mr. Dylan and Sony Music claims that were without merit for personal gain. In reality, nothing could be further from the truth and that characterization is and has been disingenuous from what our intentions and actions were, at that time. In addition, it is my further opinion that Steven Kramer, who had personal experience and knowledge of what our genuine intentions and actions were, at that time, did assist Mr. Snyder's in his intentions to obviscate the truth of the matter by not arguing to the contrary.

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Nick Kuntz 908-456-1641 This website, the book and manuscript "Eleven Years" and the movie "dignity" of which was based upon the manuscript "Eleven Years" is protect under copyright law and copyrighted under James Damiano's name through the Library of Congress. All rights are reserved. Permission to use any or all of this material must be addressed to the publisher at JamesDamiano_justicecd@yahoo.com The video taped depositions of Brad Wright, Tony Tiller Katheryn Baker Elliot Mintz, Mohammad Marhoumy, and Pam Damiano, have been removed from this website as per order of Judge Jerome B. Simandle and Judge Joel B. Rosen. All deposition materials have been designated confidential by the order of the Judge and magistrate. All discovery is complete except for Bob Dylan's deposition. It has been estimated that Bob Dylan and sony Music made over 70 million dollars on songs written by James Damiano and released by Bob Dylan. "Dignity" alone was the hit on Bob Dylan's Greatest Hits Volume 3 CD, and cassette tape. Dignity was also the hit on Bob Dylan's MTV unplugged video tape, DVD and the unplugged soundtrack CD. Dignity was also the title track for Bob Dylan's release of "Dignity" in Europe Please note That Bob Dylan was subpoened to court and never showed. Click link below for language translator StatCounter - Free Web Tracker and Counter

James Damiano & The Freedom of Speech Band James Damiano vs Bob Dylan litigation update link Sponsored by Name: Email: Nlt Law Journal review Law_Review@yahoo.com

Gibson Dunn & Crutcher take on high profile Bob Dylan defense with no defense. On or about, December 18, 2003 Parcher Hayes & Snyder ( The firm representing Bob Dylan in this action)

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merged and or (changed their name) to Manatt, Phelps & Phillips, LLP. We suspect that with the growth of the internet and given all the fraud that Parcher Hayes & Snyder committed during the Damiano Dylan litigation it was a calculated maneuver and in their best interest to change the name of the law firm. This Parcher Hayes & Snyder "name change" seemed odd given the fact that the Parcher Hayes & Snyder�s law firm was identified as one of the "premier boutique entertainment firms", a description that took an enormous amount of time and effort to accomplish. So why after all of this would "Parcher Hayes & Snyder" dissolve It's name? After extensive research we believe that Orin Snyder and Peter Parcher miscalculated the growth, and development of the internet and that Peter Parcher and Orin Snyder's legal advice given to Bob Dylan during this litigation has ruined Bob Dylan's reputation. On December 18, 2003 the following article was reported by the New York Law Journal Manatt Fortifies Its Media Group With Acquisition By Anthony Lin New York Law Journal Thursday, December 18, 2003 Manatt, Phelps & Phillips has acquired the 12-lawyer New York firm of Parcher, Hayes & Snyder, a litigation boutique heavily focused on the entertainment industry. The move gives Los Angeles-based Manatt prominent entertainment practices on both coasts. Clients of the Parcher firm include rock stars such as Bob Dylan, Bruce Springsteen and Paul Simon. Manatt's Los Angeles entertainment practice counts actors Michael Douglas and Robin Williams among its clients. Both firms also represent media companies and studios such as Time Warner, Sony and DreamWorks. Paul H. Irving, managing partner of Manatt, said Wednesday the firm was on its way to "becoming one of a handful, if not the dominant, entertainment and media law firms in the country." The 290-lawyer firm will now have between 40 and 50 lawyers working in entertainment, media and advertising practices, he said. Parcher Hayes partners Peter Parcher, Steven Hayes, Orin Snyder, Cynthia Arato and Gregory Clarick will become partners at Manatt. Three counsel and four associates will also join Manatt from Parcher Hayes. Snyder will join Manatt's board of directors. Parcher said Wednesday his firm had joined forces with Manatt in order to serve clients in areas other than litigation. "We're trial lawyers," he said. "Now many, many cases are filed in California and many of our clients have interests that go far beyond the courtroom." Manatt's already strong focus on the entertainment and media industries made it the natural platform for Parcher Hayes to grow, he said.

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The addition of the Parcher Hayes lawyers will increase the size of Manatt's New York office to 65 lawyers. At the beginning of last month, Manatt brought aboard 10 lawyers, including name partners Linda Golstein and Felix Kent, from the advertising group of New York's Hall Dickler Kent Goldstein & Wood. Snyder said Manatt's addition of Goldstein's "top-notch" advertising promotion practice had been a strong impetus to the Parcher Hayes lawyers, given the increasing integration of entertainment and advertising. "This puts us on the map overnight as an elite firm in the field of media and advertising," he said. "This makes us a magnet for clients who need help in those areas." Beyond the creation of a bicoastal entertainment and media group, Irving said the acquisition will form the basis of an expanded East Coast litigation practice headed by Snyder. Manatt first entered the New York market in February with its acquisition of Kalkines, Arky, Zall & Bernstein, a 42-lawyer firm specializing in the health care industry. May we reiterate that after extensive research we believe that Orin Snyder and Peter Parcher miscalculated the growth, existence, and development of the internet and that Peter Parcher and Orin Snyder's legal advice given to Bob Dylan during this litigation has ruined Bob Dylan's reputation. Parcher and Hayes may have earned the benefit of the doubt but here's the kicker. Orin Snyder has now taken what we believe to be the most high profile case in the federal court to Gibson Dunn & Crutcher but only after docking it at Manatt Phellps & Phillipps for fifteen months. On 17-Mar-2005 it was reported Section: Breaking News Date: 17-Mar-2005 Author: 32116 Source: The Lawyer Gibson Dunn bolsters media team with NY raid Gibson Dunn & Crutcher's New York office is ramping up its media and entertainment presence with the hire of a five-lawyer team from Manatt Phelps & Phillips. The former head of Manatt's New York litigation group, Orin Snyder, has quit the firm to join Gibson Dunn, taking with him a group of four associates. The team focuses on intellectual property and commercial litigation with an emphasis on media and entertainment disputes and white collar defence. Snyder counts among his clients Time Warner, Sony BMG Music Entertainment, Warner Music Group, Atlantic Records, Bob Dylan, Julie Andrews and Ozzy and Sharon Osbourne. He reported to Los Angeles-based litigation co-chairs Barry Landsberg and Craig de Recat, both of whom remain with the firm. One must ask why, would Bob Dylan leave his attorneys "Peter Parcher" and "Steven Hayes" after they were his lawyers for many years. The answer my friend is not blowin in the wind the answer may just be the question "why would Bob Dylan leave Parcher & Hayes to let Orin Snyder represent him after Orin Snyder ruined Dylan's reputation?"

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Trouble must have stirred at the offices of Manatt, Phelps & Phillips formerly (Parcher Hayes & Snyder) in order for Orin Snyder to quit the firm. Orin Snyder

Untill we are officially notified by Orin Snyder whether he still represents Bob Dylan in this litigation we feel that it is safe to report what we have reported concerning Bob Dylan's legal representation on this website. As of today August 6, 2005 we have not been notified by Mr. Snyder. This is the same tactic Dylan attorneys used when Plaintiff James Damiano asked Sony house counsel and Dylan's prior attorneys the question "who represents Bob Dylan?" explaining to them that he wanted to file a copyright infringement law suit against Bob Dylan. It took Sony house counsel and Dylan's previous attorneys over a year to answer James Damiano. It has been published in the media that the integrity of the United States Federal Judicial System has diminished to the level that it is unable to adjudicate a simple copyright infringement lawsuit. This motion not only supports that allegation it conclusively documents, to the record the validity of said statement. Our comments about Zimmerman, Rosenfeld, Gersh & Leeds LLP. will soon be posted.

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Robert Church an attorney who played the guitar represented James Damiano on Mr. Damiano's appeal. Mr. Church played on the song Digntiy years before Dylan ever released it. Robert attained employment at a law firm in North Carolina which would not allow him to have any outside cases so he had to withdraw from the Damiano Dylan litigation. See Roberts motion to the court below.

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Robert Church Esq.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ------------------------------: JAMES DAMIANO : : Plaintiff, : 95 CV 4795 (JBS) : v. : : ORAL ARGUMENT REQUESTED SONY BMG MUSIC ENTERTAINMENT, as successor to SONY MUSIC : ENTERTAINMENTINC., and BOB DYLAN, : Defendants, : : -------------------------------

: :

MEMORANDUM IN OPPOSITION TO DEFENDANTS’ MOTION TO HOLD PLAINTIFF JAMES DAMIANO IN CONTEMPT

David J. Foley, Esq. Attorney for Plaintiff 274 Main St. Keansburg, NJ 07734 732-495-6500

Robert D. Church, Esq Pro Hac Vice Pending 135 Briarwood Pl Wake Forest, NC 27587 919-554-3088 TABLE OF CONTENTS

TABLE OF AUTHORITIES

Background This Court has published four (4) opinions respecting James Damiano’s copyright infringement claims against Bob Dylan. Mr. Damiano is now brought before the Court on a contempt motion for the offensive manner in which he publishes his opinions about his case on the internet. In support of this motion, Defendants’ attach photographic images of video-taped testimony from Defendant’s publicist, Mr. Damiano’s wife and other deponents in the case. The Damiano case history is amply set forth in this Court’s last published opinion finding Mr. Damiano in contempt for violating the protective order. See Damiano v. Sony Music Entertainment, 2000 WL 1689081 (D.N.J. 2000). While Mr. Damiano clearly violates the confidentiality order by publishing depositions on the internet, the Court must consider balancing the interests set forth by the U.S. Supreme Court under the First Amendment before further finding Mr. Damiano contempt. See Bridges v. California, 314 U.S. 252 (1941)(subjecting a contempt order to review under the First Amendment). I. Damiano’s Cause for Publishing Information from His Case Overrides Defendant’s Interest in Sanctioning the Speech.

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This Court weighed competing considerations for and against entry of a confidentiality order in this case before the claims where adjudicated. Damiano v. Sony Music Entertainment and Bob Dylan , 168 F.R.D. 485 (D.N.J. 1996). Given the change in circumstance over ten years and the final adjudication of the claims dismissed on summary judgment in 1996, considerations weigh in favor of lifting the confidentiality order. A. The Confidentiality Order is Overbroad for Not Allowing Damiano to Publish Even His Own Deposition Despite this Court’s prior findings of contempt against Mr. Damiano, this Court should evaluate the instant motion by asking whether the information published by Mr. Damiano on this occasion causes harm sufficient to support a contempt citation. The Court must determine whether its secrecy order “[furthers] an important or substantial governmental interest unrelated to the suppression of expression.'” Gentile v. State Bar of Nevada 501 U.S. 1030, 1054 (1991)(quoting Seattle Times v. Rhinehart, 467 U.S. 20, 30 (1984)). This Court found a need for continuing the injunction against Mr. Damiano’s web publications in its published 2000 contempt decision. The interest weighing against Mr. Damiano’s publication was stated as follows: “Furthermore, plaintiff's sole purpose for gaining access to the commercially sensitive information about Sony and Dylan, including the organization of their business, profit and royalty information, and private financial data, in addition to the creative process of Dylan, was to inflict harm on defendants by embarrassing them and exposing confidential business information. Exposure of Sony and Dylan's business practices could threaten their competitiveness and financial position within the recording industry. See Cipollone v. Liggett Group, Inc., 785 F. 2d 1108, 1121 (3d Cir. 1986.” Damiano v. Sony Music Entertainment, 2000 WL 1689081 (D.N.J. 2000) As a prior restraint, this Court’s Protective Order needs to demonstrate an ongoing rational basis to sanction speech. See Anderson v. Cryovac, 805 F.2d 1 (1st Cir. 1986). In Gentile v.State Bar of Nevada, the Supreme Court discussed the balancing test for evaluating a prior restraint on speech in connection with the Nevada Rules of Professional Conduct. Without questioning the validity of Nevada’s disciplinary rules, Justice Kennedy points out how a valid rule may become invalid under the First Amendment by its application to particular speech. He states: Neither the disciplinary board nor the reviewing court explains any sense in which petitioner's statements had a substantial likelihood of causing material prejudice. The only evidence against Gentile was the videotape of his statements and his own testimony at the disciplinary hearing. The Bar's whole case rests on the fact of the statements, the time they were made, and petitioner's own justifications. Full deference to these factual findings does not justify abdication of our responsibility to determine whether petitioner's statements can be punished consistent with First Amendment standards. Rather, this Court is ‘compelled to examine for [itself] the statements in issue and the circumstances under which they were made to see whether or not they do carry a threat of clear and present danger to the impartiality and good order of the courts or whether they are of a character which the principles of the First Amendment, as adopted by the Due Process Clause of the Fourteenth Amendment, protect.’ 'Whenever the fundamental rights of free speech . . . are alleged to have been invaded, it must remain open to a defendant to present the issue whether there actually did exist at the time a clear danger; whether the danger, if any, was imminent; and whether the evil apprehended was one so substantial as to justify the stringent restriction interposed by the legislature.'" Gentile v. State Bar of Nevada, 501 U.S. 1030, 1038-1039 (1991)(citations omitted). The confidentiality order entered in Mr. Damiano’s case should be modified to address the specific concerns expressed by the Court in its opinion and order entered in 2000. Those concerns are clear: protect the proprietary and privacy interests of Dylan and Sony. The testimony gathered from the case applicable to those concerns is not clear. Defendants’ motion for contempt does not discriminate between deposition testimony which touches upon the Court’s concern and testimony which does not. By failing to make this distinction, Defendants’ leave the court with an order that may be constitutionally overbroad. The protective order entered by Judge Rosen while the case was proceeding was designed to address concerns related to the litigation at the time. The Court said: “if the plaintiff were allowed to commercially exploit discovery materials (i.e. deposition transcripts) through the media before any issues have been decided, it would constitute an unfair and highly prejudiced disadvantage to the defendants. Any public access to allegations concerning a celebrity may jeopardize a fair hearing if the case were to go to trial. Moreover, if the court were to protect all discovery motions from the public, each litigant would still have equal access to these documents, and neither party would have an advantage over the other.” Damiano v. Sony Music Entertainment, 168 F.R.D. 485, 492 (D.N.J. 1996)(emphasis added). Given these considerations, Judge Rosen entered a confidentiality order that is so broad that Mr. Damiano is

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prohibited from publishing even his own deposition. The opinion and order states: “This court finds that after weighing both arguments in light of the good cause balancing test, modification of the original protective order is appropriate and the defendant's motion to designate discovery materials as confidential shall be granted.” Damiano v. Sony Music Entertainment, 168 F.R.D. 485, 493 (D.N.J. 1996)(the order specifically says “all discovery materials”) . In Butterworth v. Smith, the Supreme Court found a state prohibition against a witness publishing his testimony before a grand jury to be a violation of the First Amendment. Butterworth v. Smith 494 U.S. 624 (1990). The Court reviewed the statute under a heightened scrutiny given that the information had not been obtained as a direct result of the discovery process. Distinguishing Rhinehart the Court stated the following: “In Rhinehart we held that a protective order prohibiting a newspaper from publishing information which it had obtained through discovery procedures did not offend the First Amendment. Here, by contrast, we deal only with respondent's right to divulge information of which he was in possession before he testified before the grand jury, and not information which he may have obtained as a result of his participation in the proceedings of the grand jury. In such cases, where a person ‘lawfully obtains truthful information about a matter of public significance,’ we have held that ‘state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order.’” Butterworth v. Smith 494 U.S. 624, 632-633 (1990)(citations omitted) The Supreme Court found that the reporter who testified in Butterworth could not be precluded from publishing his testimony after the grand jury proceeding ended. Mr. Damiano would appear to have no lesser right under the First Amendment to publish his testimony upon the conclusion of his case. However, the order entered by Judge Rosen does not accommodate this right. Given that Mr. Damiano appears to have the right to publish his own deposition and the depositions of witnesses who likewise give consent, this Court should modify the protective order to only cover information that Defendants’ show to reach the language of this Court’s 2000 Opinion and Order. Mr. Damiano disputes Defendants’ claim that the entire deposition testimony of Dylan and Sony witnesses is proprietary. Mr. Damiano feels compelled by his conscience to publicly criticize Dylan’s claim the suit was “fraudulent.” He also wants public recognition that Dylan copied his material notwithstanding this Court’s ruling that the copying could not have reached the threshold of originality to support a copyright infringement claim. See Damiano v. Sony Music Entertainment, 975 F.Supp. 623, 630 (D.N.J. 1996). Insofar as Mr. Damiano uses deposition material to claim his influence on Dylan, the Court should allow the information to be published so long as the material does not disclose proprietary information. We hope the Court will review all the testimony published by Mr. Damiano in the context of modifying the order to allow Mr. Damiano to publicize portions of testimony which do not touch upon the concerns expressed in the Court’s prior contempt ruling. B. Damiano Can Show Good Cause to Support a Modification of the Confidentiality Order The District Court has continuing jurisdiction to modify the confidentiality order in this case. See Public Citizen v. Liggett Group, 858 F.2d 775, 782 (1st Cir. 1988). In the Third Circuit, the Court must evaluate a motion to modify a confidentially order by applying a “good cause” analysis. See Cipollone v. Liggett Group, Inc., 785 F.2d 1108 (3d Cir. 1986). The “good cause” test required to prevent disclosure is said to be as follows: "Good cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure. The injury must be shown with specificity. Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not support a good cause showing.’ Id. (citation and internal quotation marks omitted). The good cause determination must also balance the public's interest in the information against the injuries that disclosure would cause.” United States v. Wecht, 2007 U.S. App. Lexis 8389 (3rd Cir. 2007) (quoting Pansy). Damiano’s interest in providing truthful information about his lawsuit against Bob Dylan should be sufficient “good cause” to publish the excerpts from depositions he considers important to the public. The Court may disagree with Mr. Damiano as to the significance of the deposition testimony he publishes. However, the desire for one to publish truthful information should factor into the consideration as to whether publication of the information outweighs the public interest served by keeping the testimony a secret. The Supreme Court recognized this very point in Butterworth: Against the state interests which we have just evaluated must be placed the impact of Florida's prohibition on respondent's ability to make a truthful public statement. The effect is dramatic: before he is called to testify in front of the grand jury, respondent is possessed of information on matters of admitted public concern about which he was free to speak at will. After giving his testimony, respondent believes he is no longer free to communicate this information since it relates to the "content, gist, or import" of his testimony. The ban extends not merely to the life of the grand jury but into the indefinite future. The potential for abuse of the Florida prohibition, through its employment as a device to silence those who know of unlawful conduct or irregularities on the part of public

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officials, is apparent. Butterworth v. Smith 494 U.S. 624, 635-636 (1990) Mr. Damiano made a mistake when preparing his complaint in his copyright suit by not clarifying the manner in which he set forth his lyrics. Mr. Damiano did not intend to defraud the court by “fabricating” lyrics for his complaint, although he did make up titles. Mr. Damiano set forth different lines from songs he had written in a way to illustrate a direct comparison to lyrics used by Dylan. The side-by-side approach of illustrating the similarities between lyrics was recently used by the New York Times in an article published on September 14, 2006 to compare Dylan’s lyrics on ”Modern Times” to those of a Civil War poet named Henry Timrod. See Motoko Rich, “Who’s This Guy Dylan Who’s Borrowing Lines From Henry Timrod?” New York Times, September 14 2006. The article (see attached) accuses Dylan of borrowing lines from Timrod. While the Times may be more tactful in their layout (by clarifying each specific poem from which the lines were taken), the article uses the terms “borrowing” and “plagiarism,” and notes how Dylan’s fans are bothered by Dylan’s failure to credit Timrod on his album. Id. Dylan himself downplayed the significance of a song Titles in article recently appearing in Rolling Stone magazine. He’s asked in an interview how he came up with the Title “Highway 61 Revisited.” Dylan responds: “Titles are something that come after you’ve done whatever it is you’ve done. I don’t set out with a title. It was something that probably just passed through my mind. Why, does it have some impact?” Jann S. Wenner, “Fortieth Anniversary Bob Dylan”, Rolling Stone, p. 48, (May 3-17, 2007). The gravamen of Damiano’s lawsuit against Bob Dylan was the musical infringement he claimed with respect to Dignity. To support this claim, Mr. Damiano retained an expert from Harvard University. The claim was dismissed, but counsel is bewildered by Defendants’ use of the term “fraud” to characterize Mr.Damiano’s entire lawsuit. This court repeated Defendants’ strong language in its published opinion finding Mr. Damiano in contempt. See Damiano v. Sony Music Entertainment, 2000 WL 1689081 (D.N.J. 2000). Mr. Damiano is simply a lay songwriter who has wanted recognition for his music. The deposition testimony in this case supports the conclusion that Dylan took an interest in Mr. Damiano’s songs, and the Court found that Mr. Damiano’s claims of access created a disputed issue of fact to survive summary judgment. Damiano v. Sony Music Entertainment, 975 F.Supp. 623, 630 (D.N.J. 1996). In Mr. Damiano’s deposition., Defendants’ attacked the credibility of his access claims by questioning how Bob Dylan provided Damiano backstage passes to his concerts and the claim Dylan “looked at” Damiano from the stage during a concert. Defendants’ also mocked Damiano’s stage recognition claim on page 11 of their Memorandum of Law in Support of Defendants’ Motion to Dismiss filed in the U.S. District Court on or about June 27, 1996. In a manner that seems to mock this Court and/or Mr. Damiano, Bob Dylan bolstered the credibility of Damiano’s claims of backstage access and stage recognition, during Dylan’s televised appearance at the Grammy Awards ceremony in 1998. Mr. Dylan received the Grammy Award for Album of the Year (“Time Out of Mind”) while Damiano’s case was pending on appeal in the Third Circuit. While receiving the award, Dylan comments as follows: “And I just wanted to say, one time when I was about 16 or 17 years old I went to see Buddy Holly play ... and I was three feet away from him ... and he looked at me.” “Bob Dylan’s Comments on Time Out of Mind,” On The Tracks, p. 8, (June 15, 1998)(see attached excerpt). Given that the New York Times finds adequate cause to publish internet claims of Mr. Dylan borrowing lines from Henry Timrod, and Dylan’s seeming public recognition of obscurities found in Damiano’s book “Eleven Years”, this Court should view Damiano’s publications about his case as serving a public interest. Mr. Damiano cannot undo this Court’s ruling as the originality questions settled in his case. However, he has “good cause” to inform the public about his experiences in communicating lyrics and music to Bob Dylan. Mr. Damiano should be allowed to claim an influence on Dylan’s songs, even if that influence does not entitle him to compensation under U.S. Copyright law. C. Dylan’s Reasons for the Confidentiality Order Have Dissipated with the Passage of Time Mr. Damiano asks this Court to lift the confidentiality order as to all information he has posted on the internet. After facing the full weight of this Court’s contempt sanction on three occasions, Mr. Damiano re-published the deposition material he considered salient to his arguments and audience respecting the lawsuit after Dylan and Sony refused to engage in settlement talks about the confidentiality order. Given the extended period of time the deposition material has been published, the First Amendment considerations which attach to Damiano’s unlawful publications are inescapable. See generally New York Times v. United States, 403 U.S. 713 (1971)(pentagon papers); Nebraska Press v. Stuart, 427 U.S. 539, 558 (1976)(prior restraint on speech held invalid against a public trial); Short v. Western Electric Co., 566 F.Supp. 932, 934 (D.N.J. 1982)(clerk’s error in disseminating settlement proceeding found to remove confidentiality issue from the “judicial process”).

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Defendants’ cannot readily make a case that the deposition material on Mr. Damiano’s website puts them in a competitive disadvantage or at risk of losing proprietary trade secrets. Mr. Damiano has not published any such information from the depositions. The information has been published for such an extended period at this point, nothing can realistically be gained by further proscribing publication of the information under the protective order. Defendants’ seek further protection with the confidentiality order for public relations purposes. Weighing this interest against Mr. Damiano’s interest in speaking his conscience to the extent of facing repeated contempt motions, the Court should find no further purpose served in sanctioning Mr. Damiano. To do so may only contribute to a greater degree of mistrust and contempt: “an enforced silence, however limited, solely in the name of preserving dignity of the bench, would probably engender resentment, suspicion, and contempt much more than it would enhance respect.” Bridges v. California, 314 U.S. 252, 271 (1941). Mr. Damiano’s beliefs or “diatribes” about his case are sincere. He’s not attempting to embarrass Bob Dylan or exploit the lawsuit. He declined an offer to sell his story to a movie producer, and he has not been selling his book. He’s been fined $50,820.69 for his publications. Mr. Damiano feels he has not been given fair recognition for contributions he’s made to Dylan’s music published by Sony. Mr. Damiano believes the lack of credit he’s been given, entitles him to publicly comment about his case and include supporting deposition testimony with his commentary. He just doesn’t understand why he should not have this right. In the alternative, Mr. Damiano would like to produce evidence to the Court as to which parties of his, give consent to his internet publication of their testimony. With such consent, Mr. Damiano hopes the court will lift the confidentiality order respecting each witness deposition. See Butterworth v. Smith 494 U.S. 624, 635-636 (1990). II. The Confidentiality Order Should Be Modified to Allow Mr. Damiano to Lobby and Explore the Merits of Bringing Suit for the Song His Expert Analyzed. This Court dismissed Mr. Damiano’s copyright infringement claim against Dignity due, in part, to language in the Copyright Act stating that an unregistered song cannot be the basis of a suit. The Court’s opinion states as follows: “First, the court notes that the Exhibit 71 version cannot be the basis of an infringement claim because plaintiff is unable to show that the work was registered with the Copyright Office. Thus, he has failed to establish a prima facie case of musical infringement for that version of "Steel Guitars." The Copyright tape version, on the other hand, although not originally identified as infringed work, apparently was registered. The court will therefore analyze the remaining elements of an infringement claim for the registered version only.” Damiano v. Sony Music Entertainment, 975 F. Supp. 623, 630(D.N.J. 1996). The Court’s opinion does not speak to the issue as to whether the dismissal was with or without prejudice. The Copyright Act does not address the question whether claims dismissed on the basis of not being registered may be filed upon registration. See 17 U.S.C. § 411(a). The silence of the Copyright Act on this point may be interpreted to mean the claim is adjudicated upon dismissal to final judgment, or it may be interpreted to mean the Court cannot exercise jurisdiction over the claim until it has been registered. Mr. Damiano’s counsel argued on summary judgment that Rule 15(b) of the Federal Rules of Civil Procedure may be interpreted to allow a claim to go forward without dismissal notwithstanding the statutory predicate. This Court appears to have dismissed the Exhibit 71 version of Steel Guitars on the sole basis of the registration defect. Mr. Damiano should be able to lobby Congress to clarify whether the dismissed Exhibit 71 recording of Steel Guitars can be re-filed upon registration. He should be able to use the testimony from his case to lend credibility to the issue as to whether Dylan ever had access to his material. The Court found that Mr. Damiano established a material dispute of fact on the access issue related to his claim. Nevertheless, Damiano’s claim has been characterized as being “fraudulent” and “concocted” by Dylan and Sony. (Memorandum of Law in Support of Defendants’ Motion to Hold Plaintiff James Damiano in Contempt, p. 4). Given this serious allegation, Mr. Damiano should be permitted the latitude to present his claim to members of Congress and the media with all supporting evidence for the purpose of clarifying the ambiguity of the Copyright Act on the issue of registration. The Court should modify the Protective Order to allow Mr. Damiano to lobby his interest in filing a new suit before the U.S. Congress. Mr. Damiano has no need to disclose proprietary business interests of Bob Dylan or Sony to simply make the case that Dylan had access to his music. He can use the testimony of his own witnesses to make this claim. However, he should also be permitted to disclose the facts regarding the destination of materials he turned over to Anthony Tiller and Bob Dylan’s publicist. The testimony of these witnesses give credibility to Damiano’s claim that Dylan had access to his material. Conclusion

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For the foregoing reasons, Defendants’ Motion to Hold Plaintiff James Damiano in Contempt should be denied, and the Court is respectfully requested to modify the confidentiality order in this case to allow the deposition material Mr. Damiano has published to his detriment, having been sanctioned for contempt, to be released for public consumption. /s/David J. Foley, Esq. Attorney for Plaintiff 274 Main St. Keansburg, NJ 07734 732-495-6500 -ANDRobert D. Church, Esq Pro Hac Vice Pending 135 Briarwood Pl Wake Forest, NC 27587 919-554-3088 CERTIFICATE OF SERVICE I HEREBY CERTTIFY, on this ______ day of June, 2007, that a copy of the foregoing paper has been served by emailing and mailing copies, via postage pre-paid first class mail, to Defendants’ counsel at the following address: Steven D. Johnson, Esq. Gibbons P.C. 1700 Two Logan Square 18th & Arch Streets Philadelphia, PA 19103 215-665-0400 E-mail: sjohnson@gibbonslaw.com And Orin Snyder, Esq. 200 Park Ave., 47th Floor New York, NY 10166-0193 212-351-4000

I was sitting in a downtown Village coffeehouse Listening to the guitarist strummin the strings Just wandering somewhere In a daze of thoughts among a million other things he took a break put down the guitar Came down off the stage walked over to my table sat down to talk said hello through the haze

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Lost days and forgotten years Washed away from tears Spoke just ten words And I knew him well And everyone of his fears He claimed to be a Christian With fierce certainty believed for sure He'd be saved through Christianity Made me read the Bible Wanted me to see Dragged me into his home To pray over me Lost days and forgotten years Washed away by tears Spoke just ten words and I Knew him well and everyone of his fears His religion turned to superstition And he thought he understood All the wrong there is In this world to understand And all there is that's good

On October 7, 2008 Bob Dylan released "Tell Tale Signs" Which included an acoustic piano version of "Dignity"

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See Link below for more Dylan Plagiarisms

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