Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 1 of 8 Page ID

#:7487
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Paul H. Duvall (SBN 73699)

E-Mail: pduvall@kingballow.com
KING & BALLOW
6540 Lusk Blvd., Suite 250
San Diego, CA 92121
(858) 597-6000
Fax: (858) 597-6008
Attorneys for Defendants and CounterClaimants Frankie Christian Gaye and
Nona Marvisa Gaye

Richard S. Busch (TN BPR 014594)

(pro hac vice)
E-Mail: rbusch@kingballow.com
Sara R. Ellis (TN BPR 030760 (pro hac vice)
Email: sellis@kingballow.com
KING & BALLOW
315 Union Street, Suite 1100
Nashville, TN 37201
(615) 259-3456 Fax: (615) 726-5417
Attorneys for Defendants and CounterClaimants Frankie Christian Gaye and Nona
Marvisa Gaye

Mark L. Block (SBN 115457)

E-Mail: mblock@wargofrench.com
WARGO & FRENCH LLP
1888 Century Park East; Suite 1520
Los Angeles, CA 90067
(310) 853-6355 Fax: (310) 853-6333
Attorneys for Defendants and CounterClaimants Frankie Christian Gaye and
Nona Marvisa Gaye

Paul N. Philips (SBN 18792)

E-Mail: pnp@pnplegal.com
The Law Offices of Paul N. Philips
9255 West Sunset Boulevard
West Hollywood, CA 90069
(323)813-1126 Fax: (323) 854-6902
Attorney for Defendant and Counter-Claimant
Marvin Gaye III

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

PHARRELL WILLIAMS, an
individual; ROBIN THICKE, an
individual; and CLIFFORD HARRIS,
JR., an individual,

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Plaintiffs,
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vs.
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BRIDGEPORT MUSIC, INC., a

Michigan corporation; FRANKIE
CHRISTIAN GAYE, an individual;
MARVIN GAYE III, an individual;
NONA MARVISA GAYE, an
individual; and DOES 1 through 10,
inclusive,

Case No. CV13-06004-JAK (AGRx)

Hon. John A. Kronstadt
DECLARATION OF PAUL DUVALL IN
SUPPORT OF COUNTERCLAIMANTS OBJECTION TO
PLAINTIFFS AND COUNTERDEFENDANTS WITNESS LIST
Trial Date: February 10, 2015
Time: 9:00 a.m.
Dept. 750

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Defendants.
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_______________________________

Action Commenced: August 15, 2013

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AND RELATED COUNTERCLAIMS

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Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 2 of 8 Page ID

#:7488

DECLARATION OF PAUL DUVALL

I, Paul Duvall, declare and state:

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I am a partner in this law firm of King & Ballow and lead counsel for

4 Counter-Claimants Nona Marvisa Gaye and Frankie Christian Gaye (Counter5 Claimants) in the above-captioned matter. My application to appear and participate in
6 this action pro hac vice has been approved the Court. The information contained in this
7 Declaration is based upon my personal knowledge. If called as a witness, I could and
8 would testify competently to the contents of this Declaration.
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2.

Following the Pre-Trial Conference in this matter, I personally attempted to

10 schedule the deposition of Chris Knight. Counsel for Mr. Knight initially appeared to
11 schedule the deposition and then sent an email refusing to schedule the deposition.
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3.

Plaintiffs and Counter-Defendants have taken the position that they are

13 under no obligation to produce Mr. Knight for a deposition.

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4.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts of the

15 January 26, 2015 Pre-Trial Conference.

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5.

Attached hereto as Exhibit 2 is a true and correct copy of an e-mail

17 between myself and Howard King, counsel for Plaintiffs and Counter-Defendants.
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Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing

19 is true and correct. Executed this 5rd day of February, 2015.

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/s/ Paul Duvall

PAUL DUVALL

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Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 3 of 8 Page ID

#:7489

Exhibit 1

Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 4 of 8 Page ID

#:7490
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THE COURT:

-- Ms. Wilbur agrees with that; is that

correct?

MR. MILLER:

There is in the deposit copy in two measures some base

That is misleading.

It is not correct.

notes that go from a higher pitch to a lower pitch.

disputes those.

copy.

Those notes are what they are in the deposit

We all agree to that.

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What Ms.

Finell calls a descending base line are other

versions of that that are only in the sound recording and that's

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what the dispute is.

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THE COURT:

Well,

I think that's likely to go to the

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weight, not admissibility, of the evidence.

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Motion in Limino No.

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I'm going to deny

4.

Motion in Limine No. 5, to exclude the expert

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testimony of Gallien, Bilzerian and Knight.

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you still

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whose -- are you planning to use these persons?

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MR. MILLER:

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MR. MILLER:

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Yes.

Gallien and Bilzerian work for UMG.

Primarily they're percipient witnesses.

THE COURT:

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Are these -- are

these are -- these are lay -- these are lay experts

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No one

Well -Primarily any opinion testimony would be

lay opinion from their jobs at UMG.

THE COURT:

Are their opinions cumulative of what your

experts are going to say?

MR. MILLER:

No,

they are not.

And I'm not sure that

Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 5 of 8 Page ID

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anything they offer will

ac~ually

abundance of caution, we

pu~

THE COURT:

be an expert opinion.

In an

them on our expert disclosure.

All right.

Well, my view would be this.

I would -- if the opinions are not cumulative, they may -- may

be -- may be admitted.

any reason for their admission, given that there is a process

for identifying experts and so on.

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If they're cumulative,

I wouldn't see

To the extent that expert opinions of Knight are going

to be offered,

then I would -- Knight has not been deposed; is

that correct?

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MR. MILLER:

That is correct.

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THE COURT:

Then before Knight

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just then,

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Mr. -- it's Mr. Knight?

after the -- I would

for efficiency in the triol -- I would say that

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MR. MILLER:

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THE COURT:

Correct.
Mr. Knight should be deposed with respect

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to those lay opinions that he would be offering at trial.

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understand.

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expert opinions from any of these witnesses.

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But I

You don't think it's likely you'll be offering any

MR. BUSCH:

I have to go back, your Honor, to

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motion -- the last motion in limine just because your Honor said

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denied.

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THE COURT:

I denied.

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MR. BUSCH:

But your Honor said in light of the

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additional evidence, your Honor is going to allow us to present

Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 6 of 8 Page ID

#:7492

Exhibit 2

Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 7 of 8 Page ID

#:7493
Andrew W. Coffman
Subject:
Attachments:

Chris Knight
[doc 161] Counter-Claimants_ Notice of Joint Motion and Joint Motion in ....pdf

From: Paul Duvall

Sent: Thursday, February 05, 2015 11:55 AM
To: Andrew W. Coffman
Subject: FW: Chris Knight

PAUL H. DUVALL, ESQ.

KING & BALLOW LAW OFFICES
6540 Lusk Boulevard, Suite 250
San Diego, California 92121
(858) 597-6000 (Office)
(858) 597-6008 (Fax)
pduvall@kingballow.com
www.kingballow.com

NOTE: The information transmitted is intended only for the person or entity to
which it is addressed and may contain CONFIDENTIAL and/or PRIVILEGED material.
Any review, retransmission, dissemination or other use of, or taking of any
action in reliance upon, this information by persons or entities other than the
intended recipient is strictly prohibited. If you received this in error, please
contact the sender and promptly delete the material from your computer system.
The attorney-client and work product privileges are not waived by the
transmission of this message.
IRS Circular 230 requires that we inform you that the advice contained herein is
not intended to be used, and it cannot be used, for the purpose of avoiding
penalties that may be imposed by the Internal Revenue Service.
From: Howard King [mailto:King@khpblaw.com]
Sent: Wednesday, February 04, 2015 6:17 PM
To: Paul Duvall
Cc: Richard Busch; Seth Miller
Subject: RE: Chris Knight
Paul
Chris Knight will not be offering any expert opinions at trial. Your motion in limine no. 5 sought to exclude his giving of
expert opinions under rule 702. He will not be giving opinions under rule 702. Therefore, consistent with the Courts ruling
on the motion, there is no need to present Mr. Knight for deposition.

Howard E. King, Esq.

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Case 2:13-cv-06004-JAK-AGR Document 250-1 Filed 02/05/15 Page 8 of 8 Page ID

#:7494

King, Holmes, Paterno & Berliner LLP

Telephone: 310-282-8999

From: Paul Duvall [mailto:pduvall@kingballow.com]

Sent: Wednesday, February 04, 2015 4:16 PM
To: Howard King
Cc: Richard Busch
Subject: Chris Knight

Howard: Any movement on when I can depose Mr. Knight and his opinions? I am free on Thursday or Friday. Please
advise.

PAUL H. DUVALL, ESQ.

KING & BALLOW LAW OFFICES
6540 Lusk Boulevard, Suite 250
San Diego, California 92121
(858) 597-6000 (Office)
(858) 597-6008 (Fax)
pduvall@kingballow.com
www.kingballow.com

NOTE: The information transmitted is intended only for the person or entity to
which it is addressed and may contain CONFIDENTIAL and/or PRIVILEGED material.
Any review, retransmission, dissemination or other use of, or taking of any
action in reliance upon, this information by persons or entities other than the
intended recipient is strictly prohibited. If you received this in error, please
contact the sender and promptly delete the material from your computer system.
The attorney-client and work product privileges are not waived by the
transmission of this message.
IRS Circular 230 requires that we inform you that the advice contained herein is
not intended to be used, and it cannot be used, for the purpose of avoiding
penalties that may be imposed by the Internal Revenue Service.