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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA NPG Records, Inc. and NPG Music Publishing, LLC, Plaintiffs, v. Roc Nation LLC, Aspiro AB, Project Panther Ltd. and WiMP Music AS, Defendants. Court File No.: 16-cv-03909 (JRT-FLN)

PLAINTIFFS’ MEMORANDUM IN SUPPORT OF MOTION TO COMPEL INTRODUCTION

Plaintiffs NPG Records, Inc. and NPG Music Publishing, LLC (collectively, “NPG Entities”) have uncovered evidence that the alleged contract the Defendants are relying on in this action – the Equity Term Sheet – was fabricated and back-dated to appear authentic. The NPG Entities have sought discovery regarding the alleged Equity Term Sheet and the circumstances regarding its execution, but have been stymied by improper privilege claims. In an effort to hide their activities from discovery, Defendants Roc Nation LLC, Aspiro AB, Project Panther Ltd. and WiMP Music AS (collectively, “Tidal Entities” and “Tidal”) claim that they share a “common interest” with a former attorney and officer for the NPG Entities, both key witnesses. The Tidal Entities do not have a shared interest with former employees of Plaintiffs, let alone a legal interest that allows them to shield their communications from discovery.

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CASE 0:16-cv-03909-JRT-FLN Document 62 Filed 11/10/17 Page 1 of 27

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The Tidal Entities also insist that they may redact information they deem irrelevant despite knowledge of this Court’s prior decisions rejecting that practice. Finally, the Tidal Entities refuse to provide basic information about the contracts they claim they had with Prince. The Tidal Entities claim that they do not need to answer interrogatories regarding the basis for contracts allegedly formed orally and through a course of dealing because the topic is “better suited to deposition.” The Tidal Entities also refused to provide complete information regarding the alleged execution of the Equity Term Sheet. The NPG Entities’ motion to compel should be granted, and the Tidal Entities ordered to: (1) produce all documents being withheld based on improper claims of “common interest” privilege; (2) produce complete copies of all documents that were redacted to remove information Defendants deemed irrelevant; and (3) provide complete answers to the NPG Entities’ interrogatories.

FACTS A.

The Parties

Prince Rogers Nelson, the international superstar and renowned artist known as “Prince” died intestate on April 21, 2016. After Prince passed away, a probate action began in Carver County District Court, Minnesota, Court File No. 10-PR-16-46 (“Probate Action”). Bremer Trust, N.A. served as Special Administrator for the Prince Estate until February 1, 2017, when the Court appointed Comerica Bank & Trust, N.A. (“Comerica”) Personal Representative. Declaration of Lora M. Friedemann (hereafter, “Friedemann Dec.”), ¶ 5. As Personal Representative, Comerica is a fiduciary charged with protecting


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and maximizing Estate assets.

Id

. Comerica has authority to act on behalf of the Estate and all business entities owned or controlled by the Estate.

Id

. The plaintiffs in this lawsuit are NPG Records, Inc. and NPG Music Publishing, LLC. ECF No. 39. Prince owned the NPG Entities during his lifetime. The NPG Entities are now owned and controlled by the Estate. Friedemann Dec., ¶ 6. The Defendants in this lawsuit are entities associated with the Tidal streaming service. ECF No. 39 at ¶ 20. Tidal is a small, subscription-based music streaming service with an estimated 1 million members.

See

http://fortune.com/2017/01/21/tidal-subscriber-number-inflation.

B.

The Estate’s Claims

This is a case for copyright infringement. The NPG Entities own copyrights in Prince musical compositions and sound recordings being exploited on the Tidal streaming service without permission and without compensation to the Estate. Friedemann Dec., ¶ 6.
