Case 2:15-cv-03462-RGK-AGR Document 144 Filed 03/25/16 Page 1 of 5 Page ID #:3596

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Peter J. Anderson, Esq., Cal. Bar No. 88891

E-Mail: pja@pjanderson.com
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
100 Wilshire Boulevard, Suite 2010
Santa Monica, CA 90401
Tel: (310) 260-6030
Fax: (310) 260-6040
Attorneys for Defendants
JAMES PATRICK PAGE, ROBERT ANTHONY
PLANT, JOHN PAUL JONES, WARNER/CHAPPELL
MUSIC, INC., SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and WARNER
MUSIC GROUP CORP.
Helene Freeman, Esq., admitted pro hac vice
E-Mail: hfreeman@phillipsnizer.com
PHILIPS NIZER LLP
666 Fifth Avenue
New York, NY 10103-0084
Tel: (212) 977-9700
Fax: (212) 262-5152
Attorneys for Defendants
JAMES PATRICK PAGE, ROBERT ANTHONY
PLANT and JOHN PAUL JONES

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17

WESTERN DIVISION

18

MICHAEL SKIDMORE, etc.,

Plaintiff,

19
20
21
22
23
24
25
26
27
28

vs.
LED ZEPPELIN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:15-cv-03462 RGK (AGRx)

DEFENDANTS NOTICE OF
MOTION AND MOTION IN
LIMINE NO. 11 TO EXCLUDE
ARGUMENT AND TESTIMONY
AS TO A CLAIMED 1973
DISCUSSION; MEMORANDUM
OF POINTS AND AUTHORITIES
AND DECLARATION IN SUPPORT
Date: May 10, 2016
Time: 9:00 a.m.
Courtroom of the Honorable
R. Gary Klausner
United States District Judge

Case 2:15-cv-03462-RGK-AGR Document 144 Filed 03/25/16 Page 2 of 5 Page ID #:3597

TO PLAINTIFF AND HIS ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on May 10, 2016, at 9:00 a.m. or as soon

thereafter as the matter may be heard in Courtroom 850 of the above-entitled District

Court, located at 255 East Temple Street, Los Angeles, California, defendants James

Patrick Page, Robert Anthony Plant, John Paul Jones, Warner/Chappell Music, Inc.,

Super Hype Publishing, Inc., Atlantic Recording Corporation, Rhino Entertainment

Company and Warner Music Group Inc., will move the above-entitled Court, the

Honorable R. Gary Klausner, United States District Judge presiding, for an Order

excluding testimony and argument that in 1973 Randy Wolfe confronted Jimmy

10

Page.

11

This Motion is brought on the grounds that, as stated more fully in the

12

accompanying Memorandum of Points and Authorities, in opposition to defendants

13

Motion for Summary Judgment plaintiff submitted the declaration of a witness,

14

Larry Knight, who plaintiff never disclosed and who claims to have seen Randy

15

Wolfe and Jimmy Page talking in 1973, and that witness is not only properly

16

excluded under Federal Rule of Civil Procedure 37(c)(1) because of plaintiffs

17

failure to disclose him, but his testimony is not relevant and properly excluded under

18

Federal Rule of Evidence 403.

19

This Motion is based upon this Notice of Motion and Motion, the

20

Memorandum of Points and Authorities filed with this Notice of Motion and

21

Motion, the pleadings and papers on file in this action, the matters of which this

22

Court may take judicial notice, and such additional matters and oral argument as

23

may be offered in support of the Motion.

24

///

25

///

26

///

27

///

28

///
1

Case 2:15-cv-03462-RGK-AGR Document 144 Filed 03/25/16 Page 3 of 5 Page ID #:3598

The Motions are made following the conference with plaintiffs counsel

pursuant to Local Rule 7-3, which took place on March 22, 2016.

Dated: March 25, 2016

4
5
6
7
8
9
10
11
12

/s/ Peter J. Anderson

Peter J. Anderson, Esq.
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
Attorney for Defendants
JAMES PATRICK PAGE, ROBERT
ANTHONY PLANT, JOHN PAUL JONES,
WARNER/CHAPPELL MUSIC, INC.,
SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and
WARNER MUSIC GROUP CORP.
Helene M. Freeman, Esq.
PHILLIPS NIZER LLP
Attorney for Defendants
JAMES PATRICK PAGE,
ROBERT ANTHONY PLANT and
JOHN PAUL JONES

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case 2:15-cv-03462-RGK-AGR Document 144 Filed 03/25/16 Page 4 of 5 Page ID #:3599

MEMORANDUM OF POINTS AND AUTHORITIES

Defendants Motion in limine No. 10 seeks an Order excluding witnesses that

plaintiff failed to timely and fully disclose, including Larry Knight, who plaintiff

never disclosed at all, even in plaintiffs late amended disclosures served on the day

of the February 11, 2016 fact discovery cut-off. If for any reason Knight is not

excluded, then his testimony that at a party in 1973 he saw from a distance Randy

Wolfe and Jimmy Page talking and that Wolfe was later upset, is properly excluded.

Knight does not claim to have participated in the claimed discussion or to

have overheard what was said. Knight Decl. (Doc. 118-11) at 2, 12-14. Because

10

of that, it is also speculation that Wolfes supposed later conduct had anything to do

11

with the claimed conversation. Id. at 2, 14 (Shortly thereafter Randy became very

12

upset and depressed, stopped touring, went back to the States, and stopped playing

13

guitar for roughly 2 years). The conversation also is claimed to have occurred two

14

years after the release of Stairway to Heaven and, as a result, is irrelevant to access

15

or alleged copying.

16

To the extent the testimony has any probative value, which is slim or nil, it is

17

unfairly prejudicial. Plaintiff never disclosed Knight, and his testimony will likely

18

confuse issues, mislead the jury, waste time and delay the proceeding.

19

therefore, also properly excluded under Federal Rule of Evidence 403.

20

Dated: March 25, 2016

21
22
23
24
25
26

It is,

/s/ Peter J. Anderson

Peter J. Anderson, Esq.
LAW OFFICES OF PETER J. ANDERSON
A Professional Corporation
Attorney for Defendants
JAMES PATRICK PAGE, ROBERT
ANTHONY PLANT, JOHN PAUL JONES,
WARNER/CHAPPELL MUSIC, INC.,
SUPER HYPE PUBLISHING, INC.,
ATLANTIC RECORDING CORP., RHINO
ENTERTAINMENT COMPANY and
WARNER MUSIC GROUP CORP.

27
28
3

Case 2:15-cv-03462-RGK-AGR Document 144 Filed 03/25/16 Page 5 of 5 Page ID #:3600

1
2
3
4

Helene M. Freeman, Esq.

PHILLIPS NIZER LLP
Attorney for Defendants
JAMES PATRICK PAGE,
ROBERT ANTHONY PLANT and
JOHN PAUL JONES

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4