Ronald Oslin Bobb Semple V Kanye West & Kid Cudi's Response

Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 1 of 17 Page ID #:181
1 Eleanor M. Lackman, Esq., No. 298594

elackman@cdas.com
2
COWAN, DEBAETS, ABRAHAMS,
3 & SHEPPARD LLP
9595 Wilshire Boulevard, Suite 900
4
Beverly Hills, CA 90212
5 Telephone: (310) 492-4392
Telefax: (310) 492-4394
6
7 Attorneys for Defendants

Kanye West and Getting Out Our Dreams, Inc.
8
9 UNITED STATES DISTRICT COURT

10 CENTRAL DISTRICT OF CALIFORNIA
11
12 RONALD OSLIN BOBB-SEMPLE, Case No.: 2:19-cv-1682 (FMO) (GJS)

13
Plaintiff,
14 DEFENDANTS KANYE WEST AND
15
vs. GETTING OUT OUR DREAMS,
INC.’s ANSWER TO PLAINTIFF’S
16 KANYE WEST, SCOTT RAMON COMPLAINT, AFFIRMATIVE
17 SEGURO MESCUDI p/k/a KID DEFENSES
CUDI (COLLECTIVELY p/k/a KIDS
18 SEE GHOSTS), TYRONE WILLIAM
19 GRIFFIN JR. p/k/a TY DOLLA
$IGN, ANDREW CLARKE p/k/a
20 ANDY C., JEFF BHASKER,
21 MICHAEL GEORGE DEAN p/k/a
MIKE DEAN, ANDREW DAWSON,
22 BRYAN MIGAL ATTMORE p/k/a
23 BOOGZDABEAST, GETTING OUT
OUR DREAMS, INC., DEF JAM
24 RECORDINGS, INC., AND
25 UNIVERSAL MUSIC GROUP, INC.,
26 Defendants.
27
28 1
DEFENDANTS KANYE WEST AND GETTING OUT OUR DREAMS, INC.’S ANSWER TO
PLAINTIFF’S COMPLAINT, AFFIRMATIVE DEFENSES
1
Pursuant to Rule 8(b) of the Federal Rules of Civil Procedure, Defendants Kanye
2 West and Getting Out Our Dreams, Inc. (collectively, “GOOD Defendants”), by their
3
undersigned attorneys Cowan, DeBaets, Abrahams & Sheppard LLP, for its Answer to
4
5 the Complaint filed by plaintiff Ronald Oslin Bobb-Semple (“Bobb-Semple”), states as
6 follows:
7
SUMMARY OF THE ACTION1
8
9 1. GOOD Defendants admit that this is an action under the Copyright Act, 17
10 U.S.C. § 106, but deny that Bobb-Semple is entitled to prevail and/or recover any relief
11
whatsoever on such claims, and deny the remaining allegations in Paragraph 1 of the
12
13 Complaint.
14 2. GOOD Defendants lack knowledge or information sufficient to form a

15
belief concerning the truth of the allegations contained in Paragraph 2 of the Complaint,
16
17 and on that basis deny the allegations of this Paragraph.

19
belief concerning the truth of the allegations contained in Paragraph 3 of the Complaint,
20
21 and on that basis deny the allegations of this Paragraph, except admit producing the
22 sound recording called “Freeee (Ghost Town Pt. 2)” (hereinafter “Freeee”).
23
24
25
26 1
The inclusion of headings contained in the Complaint is solely for purposes of
27 reference and should not be read as an admission as to any point raised therein.
28 2
1
4. GOOD Defendants lack knowledge or information sufficient to form a
2 belief concerning the truth of the allegations contained in Paragraph 4 of the Complaint,
3
and on that basis deny the allegations of this Paragraph, except admit that GOOD
4
5 Defendants did not obtain any permission to use any purported performance of Bobb-
6 Semple, nor provide him with any compensation, and state that GOOD Defendants were
7
not required to obtain any such permission, nor provide any such compensation.
8
9 5. GOOD Defendants state that no response is required to Paragraph 5 of the
10 Complaint insofar as it merely restates Bobb-Semple’s motivations for bringing the

11
action. To the extent any such response is required, GOOD Defendants deny the
12
13 allegations of this Paragraph.
14 JURISDICTION AND VENUE

15
6. GOOD Defendants state that the allegations contained in Paragraph 6 of
16
17 the Complaint contain conclusions of law as to which no responsive pleading is

18 necessary, but that to the extent any response is required, admit that Plaintiff purports
19
to bring this action under the Copyright Act, 17 U.S.C. § 101 et seq.
20
21 7. GOOD Defendants state that the allegations contained in Paragraph 7 of

23
necessary, but that to the extent any response is required, admit that this Court has
24
25 subject matter jurisdiction over federal copyright claims pursuant to 28 U.S.C. §§ 1331
26 and 1338(a).
27
28 3
1
2 belief concerning the truth of the allegations contained in Paragraph 8 of the Complaint
3
as to any other defendant, except admit that GOOD Defendants are subject to personal
4
5 jurisdiction in California.

7
the Complaint contain conclusions of law as to which no responsive pleading is
8
9 necessary, but to the extent any response is required, GOOD Defendants lack
10 knowledge or information sufficient to form a belief concerning the truth of the

11
allegations contained in Paragraph 9, and on that basis deny the allegations of this
12
13 Paragraph insofar as they relate to the residences or acts committed by any other
14 defendant, except GOOD Defendants deny that all of the events giving rise to Bobb-
15
Semple’s claims occurred in this district, and except admit that GOOD Defendants are
16
17 subject to personal jurisdiction in this district.

18 DEFENDANTS
19
10. GOOD Defendants admit the allegations contained in Paragraph 10 of the
20
21 Complaint.
23
belief concerning the truth of the allegations contained in Paragraph 11 of the
24
25 Complaint, and on that basis deny the allegations of this Paragraph, except admit that
26
27
28 4
1
defendant Scott Ramon Seguro Mescudi p/k/a Kid Cudi is a Grammy Award winning
2 performer.
3
4
5 Complaint.

7
8
10 defendant Tyrone William Griffin Jr. p/k/a Ty Dolla $ign is an internationally known
11
performing artist.
12
14 belief concerning the truth of the allegations contained in Paragraph 14 of the

15
Complaint, and on that basis deny the allegations of this Paragraph, except admit that
16
17 defendant Andrew Clarke p/k/a Andy C. is a music producer.

19
20
22 defendant Jeff Bhasker is a music producer.
23
24

26
27
28 5
1
2 defendant Andrew Dawson is a music producer.

3
4
7
defendant Michael George Dean p/k/a Mike Dean is a music producer.
8

11
12
13 defendant Bryan Migal Attmore p/k/a BoogzDaBeast is a music producer.
14 19. GOOD Defendants deny the allegations contained in Paragraph 19 of the

15
Complaint, except admit that Getting Out Our Dreams, Inc. is a California corporation.
16

19
Complaint, and on that basis deny the allegations of this Paragraph.
20

23
24
25 defendant Universal Music Group is a Delaware Corporation.

26 THE COPYRIGHTED WORK AT ISSUE
27
28 6
1

3
4

7
8

11
12
13 INFRINGEMENT BY DEFENDANTS

15
belief concerning the truth of the allegations contained in Paragraph 25, and on that
16
17 basis deny the allegations of this Paragraph insofar as they relate to any other defendant,
18 except GOOD Defendants admit that they did not acquire a license from Bobb-Semple,
19
and state that no such license was required to be obtained by GOOD Defendants.
20

22 Complaint.
23
27. GOOD Defendants deny the allegations contained in Paragraph 27 of the
24
25 Complaint.
26
27
28 7
1
2 Complaint as it pertains to GOOD Defendants.

3
29. GOOD Defendants neither admit nor deny the allegations contained in
4
5 Paragraph 29 of the Complaint, and respectfully refer the Court to any recordings that
6 will be admitted into evidence in this case, which speak for themselves.
7
8
9 belief concerning the truth of the allegations contained in Paragraph 30, and respectfully
10 refer the Court to any recordings that will be admitted into evidence in this case, which
11
speak for themselves.
12
14 Complaint.
15
16
17 belief concerning the truth of the allegations contained in Paragraph 32, and on that
18 basis deny the allegations of this Paragraph.
19
20
21 belief concerning the truth of the allegations contained in Paragraph 33, and on that
22 basis deny the allegations of this Paragraph, and respectfully refer the Court to the
23
credits accompanying Freeee, which speak for themselves.
24

26 Complaint.
27
28 8
1
2 Complaint.
3
4
5 belief concerning the truth of the allegations contained in Paragraph 36.

7
Complaint as they pertain to GOOD Defendants.
8
9 38. GOOD Defendants admit the allegations contained in Paragraph 38 of the
10 Complaint.
11
12
13 Complaint.
14 40. GOOD Defendants admit the allegations contained in Paragraph 40 of the

15
Complaint.
16

19
necessary, but that to the extent any response is required, GOOD Defendants otherwise
20
21 deny the allegations contained in Paragraph 41 of the Complaint.

23
24
25 necessary, but that to the extent any response is required, GOOD Defendants otherwise
26 deny the allegations contained in Paragraph 42 of the Complaint.
27
28 9
1
2 Complaint.
3
4
5 Complaint.

7
Complaint.
8

11
necessary, but that to the extent any response is required, GOOD Defendants deny the
12

15
16
17 necessary, but that to the extent any response is required, GOOD Defendants deny the
19
20
21 Complaint as they pertain to GOOD Defendants.

22 49. GOOD Defendants admit that they did not acquire a license from Bobb-
23
Semple as referenced in Paragraph 49 of the Complaint, and state that no such license
24
25 was required to be obtained by GOOD Defendants.

26
27
28 10
1

3
4

7
necessary, but to the extent any response is required, GOOD Defendants deny the
8

11
Complaint as they pertain to GOOD Defendants.
12

15
necessary, but to the extent any response is required, GOOD Defendants deny the
16
17 allegations of this Paragraph, except admit that the defendants named herein had certain
18 roles in connection with the creation, distribution and exploitation of Freeee.
19
54. GOOD Defendants deny all the allegations contained in Paragraph 54 of
20
21 the Complaint as they pertain to Good Defendants. GOOD Defendants lack knowledge
22 or information sufficient to form a belief concerning the truth of the allegations
23
contained in this Paragraph, and on that basis deny the allegations contained therein.
24

27
28 11
1
2 Complaint as they pertain to GOOD Defendants, except state that Freeee continues to
3
be exploited in the marketplace in connection with the Kids See Ghosts album.
4
5 COUNT I
COPYRIGHT INFRINGEMENT
6
7 57. GOOD Defendants incorporate their responses to the allegations in
8 Paragraphs 1-56, as if fully set forth herein.

9
10
12 Complaint, and on that basis deny the allegations of this Paragraph.

13
14
16 Complaint, and on that basis deny the allegations of this Paragraph.

17
60. GOOD Defendants deny all the allegations contained in Paragraph 60 of
18
19 the Complaint as they pertain to Good Defendants. GOOD Defendants lack knowledge
20 or information sufficient to form a belief concerning the truth of the allegations
21
contained in this Paragraph, and on that basis deny the allegations contained therein.
22
23 61. GOOD Defendants the allegations contained in Paragraph 61 of the

24 Complaint contain conclusions of law as to which no responsive pleading is necessary,
25
but that to the extent any response is required, GOOD Defendants otherwise deny the
26
27
28 12
1
allegations contained in Paragraph 61 of the Complaint as they pertain to GOOD
2 Defendants.
3
4
5 Complaint as they pertain to GOOD Defendants, except admit that GOOD Defendants
6 did not seek permission from Bobb-Semple, and state that no such permission was
7
necessary to be sought by GOOD Defendants.
8

11
12
13 Complaint, including each of its subparagraphs (a) - (d), as they pertain to GOOD
14 Defendants.
15
16
17 Complaint as they pertain to GOOD Defendants, except admit that Freeee continues to
18 be distributed by the defendants.
19
20

23
Complaint.
24

26 Complaint.
27
28 13
1
2 Complaint.
3
4
5 Complaint.

7
Complaint.
8
9 Bobb-Semple’s Prayer for Relief does not necessitate responsive pleading, but
10 GOOD Defendants deny that Bobb-Semple is entitled to any of the relief sought therein.
11
GOOD DEFENDANTS’ AFFIRMATIVE DEFENSES
12
13 GOOD Defendants make the following allegations as affirmative defenses
14 against the claims asserted against them without admitting that they bear the burden of
15
persuasion or presentation of evidence on each or any of these matters, and without
16
17 waiving the right to assert and rely upon other defenses that become available or appear
18 during the course of this Action.
19
FIRST AFFIRMATIVE DEFENSE
20 (Failure to State a Claim)
21
1. Bobb-Semple fails to state a claim upon which relief can be granted.
22
23 SECOND AFFIRMATIVE DEFENSE

(Lack of Standing)
24
25 2. The Complaint, and each cause of action alleged therein, is barred because
26 Bobb-Semple lacks standing to assert the purported claims set forth therein.
27
28 14
1
THIRD AFFIRMATIVE DEFENSE
(Fair Use)
2
3 3. The Complaint, and each cause of action alleged therein, is barred because
4 GOOD Defendants’ use of the subject material constitutes fair use.

5
FOURTH AFFIRMATIVE DEFENSE
6 (First Amendment)
7
4. The Complaint, and each cause of action alleged therein, is barred by the
8
9 First Amendment to the United States Constitution.
10 FIFTH AFFIRMATIVE DEFENSE

11 (Misuse of Copyright)
12 5. As to any and all claims for relief based upon GOOD Defendants’ alleged
13
infringement of alleged copyrights owned by Bobb-Semple, Bobb-Semple’s actions
14
15 constitute misuse of copyright.
16 SIXTH AFFIRMATIVE DEFENSE

17 (Laches)
18 6. The Complaint is barred, in whole or in part, by the doctrine of laches,
19
waiver, estoppel, or acquiescence.
20
21 SEVENTH AFFIRMATIVE DEFENSE

(Innocent Infringement)
22
23 7. To the extent any copyright has been infringed, which GOOD Defendants
24 do not concede, GOOD Defendants’ actions were innocent and non-willful, and Bobb-
25
Semple fails to identify any facts supporting its allegations of willfulness.
26
27 PRAYER FOR RELIEF

28 15
1
WHEREFORE, GOOD Defendants respectfully request that they be awarded
2 judgment as follows:
3
1. Denying all relief sought by Bobb-Semple in the Complaint;
4
5 2. Dismissing the Complaint in its entirety with prejudice;
6 3. Declaring that GOOD Defendants have not infringed any copyright of

7
Bobb-Semple’s;
8
9 4. Finding that Bobb-Semple is not entitled to damages;
10 5. Awarding GOOD Defendants their reasonable attorney’s fees, costs,

11
expenses, and interest; and
12
13 6. Awarding GOOD Defendants such other and further relief as the Court
14 deems just and proper.

15
Respectfully submitted,
16
17 Dated: Beverly Hills, CA COWAN, DEBAETS, ABRAHAMS & SHEPPARD

June 3, 2019 LLP
18
19
By: /s/ Eleanor M. Lackman
20 Eleanor M. Lackman, Esq., No. 298594
21 9595 Wilshire Boulevard, Suite 900
Beverly Hills, CA 90212
22 Tel.: (310) 492-4392
23 Fax: (310) 492-4394
elackman@cdas.com
24
25 Attorneys for Defendants Kanye West and

Getting Out Our Dreams, Inc.
26
27
28 16
1
DEMAND FOR JURY TRIAL
2 GOOD Defendants hereby demand trial by jury on all claims and defenses
3
properly triable to a jury in this action.
4
5 Respectfully submitted,
6 Dated: Beverly Hills, CA COWAN, DEBAETS, ABRAHAMS & SHEPPARD

7 June 3, 2019 LLP
9 By: /s/ Eleanor M. Lackman

Eleanor M. Lackman, Esq., No. 298594
10 9595 Wilshire Boulevard, Suite 900
11 Beverly Hills, CA 90212
Tel.: (310) 492-4392
12 Fax: (310) 492-4394
13 elackman@cdas.com
14 Attorneys for Defendants Kanye West and

15 Getting Out Our Dreams, Inc.
16
17
18
19
20
21
22
23
24
25
26
27
28 17

Ronald Oslin Bobb Semple V Kanye West & Kid Cudi's Response

Diunggah oleh

Informasi Dokumen

Judul Asli

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Ronald Oslin Bobb Semple V Kanye West & Kid Cudi's Response

Diunggah oleh

Hak Cipta:

Format Tersedia

Case 2:19-cv-01682-FMO-GJS Document 45 Filed 06/03/19 Page 1 of 17 Page ID #:181

1 Eleanor M. Lackman, Esq., No. 298594

7 Attorneys for Defendants

9 UNITED STATES DISTRICT COURT

12 RONALD OSLIN BOBB-SEMPLE, Case No.: 2:19-cv-1682 (FMO) (GJS)

5 the Complaint filed by plaintiff Ronald Oslin Bobb-Semple (“Bobb-Semple”), states as

14 2. GOOD Defendants lack knowledge or information sufficient to form a

17 and on that basis deny the allegations of this Paragraph.

9 5. GOOD Defendants state that no response is required to Paragraph 5 of the

10 Complaint insofar as it merely restates Bobb-Semple’s motivations for bringing the

13 allegations of this Paragraph.

14 JURISDICTION AND VENUE

17 the Complaint contain conclusions of law as to which no responsive pleading is

21 7. GOOD Defendants state that the allegations contained in Paragraph 7 of

6 9. GOOD Defendants state that the allegations contained in Paragraph 9 of

10 knowledge or information sufficient to form a belief concerning the truth of the

17 subject to personal jurisdiction in this district.

6 13. GOOD Defendants lack knowledge or information sufficient to form a

13 14. GOOD Defendants lack knowledge or information sufficient to form a

14 belief concerning the truth of the allegations contained in Paragraph 14 of the

17 defendant Andrew Clarke p/k/a Andy C. is a music producer.

25 belief concerning the truth of the allegations contained in Paragraph 16 of the

2 defendant Andrew Dawson is a music producer.

5 belief concerning the truth of the allegations contained in Paragraph 17 of the

9 18. GOOD Defendants lack knowledge or information sufficient to form a

10 belief concerning the truth of the allegations contained in Paragraph 18 of the

13 defendant Bryan Migal Attmore p/k/a BoogzDaBeast is a music producer.

14 19. GOOD Defendants deny the allegations contained in Paragraph 19 of the

17 20. GOOD Defendants lack knowledge or information sufficient to form a

21 21. GOOD Defendants lack knowledge or information sufficient to form a

25 defendant Universal Music Group is a Delaware Corporation.

2 belief concerning the truth of the allegations contained in Paragraph 22 of the

5 23. GOOD Defendants lack knowledge or information sufficient to form a

6 belief concerning the truth of the allegations contained in Paragraph 23 of the

9 24. GOOD Defendants lack knowledge or information sufficient to form a

10 belief concerning the truth of the allegations contained in Paragraph 24 of the

14 25. GOOD Defendants lack knowledge or information sufficient to form a

21 26. GOOD Defendants deny the allegations contained in Paragraph 26 of the

2 Complaint as it pertains to GOOD Defendants.

13 31. GOOD Defendants deny the allegations contained in Paragraph 31 of the

25 34. GOOD Defendants deny the allegations contained in Paragraph 34 of the

5 belief concerning the truth of the allegations contained in Paragraph 36.

6 37. GOOD Defendants deny the allegations contained in Paragraph 37 of the

9 38. GOOD Defendants admit the allegations contained in Paragraph 38 of the

14 40. GOOD Defendants admit the allegations contained in Paragraph 40 of the

17 41. GOOD Defendants state that the allegations contained in Paragraph 41 of

21 deny the allegations contained in Paragraph 41 of the Complaint.

6 45. GOOD Defendants deny the allegations contained in Paragraph 45 of the

9 46. GOOD Defendants state that the allegations contained in Paragraph 46 of

10 the Complaint contain conclusions of law as to which no responsive pleading is

13 allegations of this Paragraph.

14 47. GOOD Defendants state that the allegations contained in Paragraph 47 of

21 Complaint as they pertain to GOOD Defendants.

25 was required to be obtained by GOOD Defendants.

2 belief concerning the truth of the allegations contained in Paragraph 50 of the

5 51. GOOD Defendants state that the allegations contained in Paragraph 51 of

6 the Complaint contain conclusions of law as to which no responsive pleading is

9 allegations of this Paragraph.

10 52. GOOD Defendants deny the allegations contained in Paragraph 52 of the

13 53. GOOD Defendants state that the allegations contained in Paragraph 53 of

14 the Complaint contain conclusions of law as to which no responsive pleading is

25 55. GOOD Defendants deny the allegations contained in Paragraph 55 of the

7 57. GOOD Defendants incorporate their responses to the allegations in