MICHAEL SKIDMORE, as Trustee for the RANDY CRAIG WOLFE TRUST,
Plaintiff
v.
LED ZEPPELIN, J AMES PATRICK PAGE, ROBERT ANTHONY PLANT, J OHN PAUL J ONES, SUPER HYPE PUBLISHING, INC., WARNER MUSIC GROUP CORP.
Parent of:
WARNER/CHAPPELL MUSIC, INC., ATLANTIC RECORDING CORPORATION, RHINO ENTERTAINMENT COMPANY,
Defendants
: : : : : : : : : : : : : : : : : : : : :
No. 14-cv-3089
DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTIONS TO DISMISS OR TRANSFER
Pursuant to Federal Rule of Evidence 201 and in connection with their pending motions to dismiss or transfer, defendants J ames Patrick Page, Robert Anthony Plant, J ohn Paul J ones, Super Hype Publishing, Inc., Warner Music Group Corp., Warner/Chappell Music, Inc., Atlantic Recording Corporation and Rhino Entertainment Company, by and through their undersigned counsel, respectfully request that the Court take judicial notice of the following: 1. The docket in Conservatorship of Randy Craig Wolfe, Superior Court of the State of California, County of Ventura, Case No. P072493, a true and correct copy of which proceedings docket is attached hereto as Exhibit 1 and accessible on that Case 2:14-cv-03089-JS Document 29 Filed 09/17/14 Page 1 of 4 2 California Courts Internet website by searching for the foregoing case number at http://www.ventura.courts.ca.gov/via.html, last accessed on September 9, 2014. 2. The U.S. District Court J udicial Caseload Profiles for the United States District Court for the Eastern District of Pennsylvania and the United States District Court for the Central District of California, attached hereto as Exhibit 2 and accessible at http://www.uscourts.gov/viewer.aspx?doc=/uscourts/Statistics/FederalCourtManagement Statistics/2014/district-fcms-profiles-march-2014.pdf&page=68, last accessed on Sep- tember 9, 2014. Good cause exists for the Court taking judicial notice of the foregoing. As to the California proceeding Conservatorship of Randy Craig Wolfe, plaintiff sues on behalf of the Randy Craig Wolfe Trust, which plaintiff alleges was established by Bernice C. Pearl, the mother of Randy Craig Wolfe, as conservator of his estate by court order on February 19, 2002. Complaint at 12, 60 & 62. Exhibit 1 is a copy of the docket in that California Superior Court action and includes as docket entry 97 a February 19, 2002 order for the creation of a trust. Courts properly take judicial notice of other courts dockets. See, e.g., Wilson v. McVey, 579 F. Supp. 2d 685, 688 n. 5 (M.D. Pa. 2008). As to the U.S. District Court J udicial Caseload Profiles attached as Exhibit 2, these documents, provided by the Administrative Office of the U.S. Courts on behalf of the Federal J udiciary, summarize the caseload of this District Court and the District Court for the Central District of California. Courts properly take judicial notice of reports published by government agencies and publicly available on their Internet websites. See, e.g., Anspach v. City of Philadelphia, Dept of Pub. Health, 503 F.3d 256, 273 n. 11 (3d Cir. 2007) (taking judicial notice of an announcement made by a Commission of the FDA published in the Federal Register); Pension Benefit Guar. Case 2:14-cv-03089-JS Document 29 Filed 09/17/14 Page 2 of 4 3 Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1197 (3d Cir. 1993) (public records include published reports of administrative agencies). Accordingly, defendants respectfully request that the Court take judicial notice of Exhibits 1 and 2. Respectfully submitted,
FOX ROTHSCHILD LLP
/s/ Michael Eidel Michael Eidel, Esquire 2000 Market Street, 20th Floor Philadelphia, 19103 (215) 918-3568 (215) 345-7507 (facsimile)
Local Counsel for Defendants
PHILIPS NIZER LLP
/s/ Helene Freeman Helene Freeman, Esquire 666 Fifth Avenue New York, NY 10103-0084 (212) 977-9700 (212) 262-5152 (facsimile)
Attorney for the Individual Defendants Admitted Pro Hac Vice
Dated: September 17, 2014 LAW OFFICES OF PETER J. ANDERSON P.C.
/s/ Peter J . Anderson Peter J . Anderson, Esquire 100 Wilshire Boulevard, Suite 2010 Santa Monica, CA 90401 (310) 260-6030 (310) 260-6040 (facsimile)
Attorney for the Warner Defendants Admitted Pro Hac Vice
Case 2:14-cv-03089-JS Document 29 Filed 09/17/14 Page 3 of 4 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Defendants Request for J udicial Notice in Support of Motions to Dismiss or Transfer, was served upon counsel for Plaintiff via the Courts ECF filing system.
/s/ Matthew S. Olesh Matthew S. Olesh, Esquire Dated: September 17, 2014
Case 2:14-cv-03089-JS Document 29 Filed 09/17/14 Page 4 of 4 General Information Court United States District Court for the Eastern District of Pennsylvania; United States District Court for the Eastern District of Pennsylvania Nature of Suit Property Rights - Copyrights[820] Docket Number 2:14-cv-03089 SKIDMORE v. ZEPPELIN et al, Docket No. 2:14-cv-03089 (E.D. Pa. May 31, 2014), Court Docket 2014 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 5
The Insurance Company of North America Commercial Union Insurance Company William H. McGee & Company, Incorporated Royal Insurance Royal Insurance Company of America Chubb & Son, Incorporated Salvage Association Underwriters at Lloyd's London Assurance Alliance Assurance Company, Limited Guardian Royal Exchange Royal Exchange Assurance Indemnity Mutual Marine Assurance Company Indemnity Marine Assurance Company, Limited Sun Insurance Company of New York Sun Insurance Office, Limited Marine Insurance Company, Limited Indemnity Marine London Associated Corporation Royal Associated Corporation Royal Marine Indemnity Mutual Royal Exchange & London Offices Union Bank of London Dennis Standefer the R/v Liberty Star, Her Master, Officers, Crew, and All Persons Aboard Board of Trustees of Columbia University Lamont-Doherty Geological Institute S. S. George Law Partnership Boston Salvage Consultants, Incorporated, Claimaints. Columbus-America Discovery Group, and Trustees of Columbia University
25 Soc - Sec.rep - Ser. 64, Unempl - Ins.rep. CCH 14534a Marilyn Finkelstein v. Otis R. Bowen, M.D., Secretary of Health and Human Services, 869 F.2d 215, 3rd Cir. (1989)