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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 1 of 17 Page ID #:150



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[email protected]

BRYAN CAVE LLP
Jonathan Pink (California Bar No. 179685)
3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414
Telephone: (949) 223-7000
Facsimile: (949) 223-7100
E-mail:

BRYAN CAVE LLP
Kara E. F. Cenar (Pro Hac Vice Pending)
Mariangela M. Seale (Pro Hac Vice Pending)
161 North Clark Street, Suite 4300
Chicago, Illinois 60601-3315
Telephone: (312) 602-5000
(312) 602-5050
Facsimile:
[email protected]
E-mail:
[email protected]




Attorneys for Defendants WILL ADAMS (sued as WILL ADAMS,
p/k/a will.i.am, individually and d/b/a WILL.I AM MUSIC PUBLISHING);
ALLAN PINEDA (sued as ALLAN PINEDA, p/k/a apl.de.ap, individually
and d/b/a JEEPNEY MUSIC PUBLISHING, an individual); JAIME GOMEZ
(sued as JAIME GOMEZ, p/k/a Taboo, individually and d/b/a NAWASHA
NETWORKS PUBLISHING, an individual); STACY FERGUSON (sued as
STACY FERGUSON, p/k/a Fergie); WILL.I.AM MUSIC, INC.; CHERRY
LANE MUSIC PUBLISHING COMPANY, INC.; TAB MAGNETIC, INC.;
GEORGE PAJON, JR.; EMI BLACKWOOD MUSIC, INC.


UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

v.

Plaintiff,



GEORGE CLINTON, an individual,



WILL ADAMS, p/k/a will.i.am,
individually and d/b/a WILL.I AM
MUSIC PUBLISHING; ALLAN
PINEDA, p/k/a apl.de.ap, individually
and d/b/a JEEPNEY MUSIC
PUBLISHING, an individual; JAIME
GOMEZ, p/k/a Taboo, individually and
d/b/a NAWASHA NETWORKS
PUBLISHING, an individual;STACY
FERGUSON, p/k/a Fergie, an individual;
GEORGE PAJON, JR., an individual;
JOHN CURTIS, an individual;

Case No. CV10-9476 ODW (PLAx)

Hon. Otis D. Wright, II
Courtroom 11

ANSWER OF DEFENDANT STACY
FERGUSON, P/K/A FERGIE; JURY
DEMAND

Complaint Filed: December 10, 2010
Trial Date:

Not Assigned



IR01DOCS478832.1










ANSWER TO COMPLAINT

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 2 of 17 Page ID #:151



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UNIVERSAL MUSIC GROUP, INC., a
Delaware corporation; UMG
RECORDINGS, INC., a Delaware
corporation; and WILL I AM MUSIC,
INC., a California corporation; CHERRY
LANE MUSIC PUBLISHING
COMPANY, INC., a New York
corporation; EL CUBANO MUSIC,
INC., a California corporation; EMI
BLACKWOOD MUSIC, INC., a
Connecticut corporation; TAB
MAGNETIC, INC., a California
corporation; and DOES 1 through 10,



Defendants.





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IR01DOCS478832.1




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ANSWER TO COMPLAINT

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 3 of 17 Page ID #:152



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Defendants Stacy Ferguson, p/k/a Fergie (hereinafter referred to as

“Defendant Ferguson”) presents the following Answer to Plaintiff’s Complaint
(“Complaint”):

NATURE OF THE ACTION

1. Answering Paragraph 1 of the Complaint, Defendant Ferguson admits
that Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such
relief. Further, Defendant Ferguson admits “Shut Up” was first released in 2003
and two remixes were released in 2003 and 2009, respectively. Defendant Ferguson
denies the remaining allegations.

2.

Answering Paragraph 2 of the Complaint, Defendant Ferguson lacks

sufficient information to admit or deny the allegations contained in Paragraph 2, and
on that basis denies each and every such allegation.

3. Answering Paragraph 3 of the Complaint, Defendant Ferguson admits
that Plaintiff is asking for certain relief, but denies that Plaintiff is entitled to such
relief, and further denies the remaining allegations of the paragraph.

JURISDICTION AND VENUE

4. Answering Paragraph 4 of the Complaint, Defendant Ferguson admits,

on information and belief, that this action appears to rise under the Copyright Act
and that this Court would appear to have subject matter jurisdiction. Defendant
Ferguson denies that the Complaint states any claim upon which relief can be
granted.

5. Answering Paragraph 5 of the Complaint, Defendant Ferguson admits

that she may be found in this district. As to the remaining allegations, Defendant
Ferguson lacks sufficient information to admit or deny them, and on that basis,
denies such allegations.

6. Answering Paragraph 6 of the Complaint, Defendant Ferguson admits
that she resides in Los Angeles County, California. As to the remaining allegations,
Defendant Ferguson lacks sufficient information to admit or deny them, and on that
IR01DOCS478832.1


ANSWER TO COMPLAINT

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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 4 of 17 Page ID #:153



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basis denies such allegations.

7. Answering Paragraph 7 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations of Paragraph 7, and on that
basis denies each and every such allegation.

8. Answering Paragraph 8 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations of Paragraph 8, and on that
basis denies each and every such allegation.

PARTIES

9. Answering Paragraph 9 of the Complaint, Defendant Ferguson admits

Clinton is a well-known artist and composer. Defendant Ferguson is without
sufficient information to admit or deny the remaining allegations of Paragraph 9,
and on that basis denies such allegations.

10. Answering Paragraph 10 of the Complaint, Defendant Ferguson admits
that Defendant William Adams lives in California and is a founding member of the
musical group, The Black Eyed Peas, and has been credited as a producer and
songwriter for various songs released by that group. Except as otherwise admitted
in this Answer, Defendant Ferguson is without sufficient information to admit or
deny the allegations of Paragraph 10, and on that basis denies such allegations.

11. Answering Paragraph 11 of the Complaint, Defendant Ferguson admits

that Defendant Allan Pineda lives in California and is a founding member of the
musical group, The Black Eyed Peas, and has been credited as a songwriter for
various songs released by that group. Except as otherwise admitted in this Answer,
Defendant Ferguson is without sufficient information to admit or deny the
allegations of Paragraph 11, and on that basis denies such allegations.

12. Answering Paragraph 12 of the Complaint, Defendant Ferguson admits

that Defendant Jaime Gómez lives in California and is a founding member of the
musical group, The Black Eyed Peas, and has been credited as a songwriter for
various songs released by that group. Except as otherwise admitted in this Answer,
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ANSWER TO COMPLAINT

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 5 of 17 Page ID #:154



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Defendant Ferguson is without sufficient information to admit or deny the
allegations of Paragraph 12, and on that basis denies such allegations.

13. Answering Paragraph 13 of the Complaint, Defendant Ferguson admits

that she is a resident of California, and that she first collaborated with The Black
Eyed Peas on the album “Elephunk” and performs vocally on certain remixes of the
song “Shut Up.” Defendant Ferguson admits that “(Not Just) Knee Deep” was
sampled in certain remixes of “Shut Up” pursuant to a license. Except as otherwise
admitted in this Answer, Defendant Ferguson lacks information sufficient to form a
belief as to what Plaintiff is informed or believes, and on that basis denies the
remaining allegations in this paragraph.

14. Answering Paragraph 14 of the Complaint, Defendant Ferguson admits

that Defendant George Pajon, Jr. is credited as a songwriter on various songs
released by the group, The Black Eyed Peas. Except as otherwise admitted in this
Answer, Defendant Ferguson is without sufficient information to admit or deny the
allegations of Paragraph 14, and on that basis denies such allegations.

15. Answering Paragraph 15 of the Complaint, Defendant Ferguson admits
that Defendant John Curtis is credited as a songwriter on various songs released by
the group, The Black Eyed Peas. Except as otherwise admitted in this Answer,
Defendant Ferguson is without sufficient information to admit or deny the
allegations of Paragraph 15, and on that basis denies such allegations.

16. Answering Paragraph 16 of the Complaint, Defendant Ferguson admits

that the remaining defendants are commercial entities within the music industry.
Except as otherwise admitted in this Answer, Defendant Ferguson is without
sufficient information to admit or deny the allegations of Paragraph 16, and on that
basis denies such allegations.

17. Answering Paragraph 17 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 17,
and on that basis denies each and every such allegation.
IR01DOCS478832.1


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ANSWER TO COMPLAINT

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 6 of 17 Page ID #:155



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18. Answering Paragraph 18 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 18,
and on that basis denies each and every such allegation.

19. Answering Paragraph 19 of the Complaint, Defendant Ferguson is

without sufficient information to admit or deny the allegations of Paragraph 19, and
on that basis denies such allegations.

20. Answering Paragraph 20 of the Complaint, lacks information sufficient
to form a belief as to what Plaintiff is informed or believes, and on that basis denies
the allegations in this paragraph.

21. Answering Paragraph 21 of the Complaint, Defendant Ferguson lacks
information sufficient to form a belief as to what Plaintiff is informed or believes,
and on that basis denies the allegations in this paragraph.

22. Answering Paragraph 22 of the Complaint, Defendant Ferguson lacks
information sufficient to form a belief as to what Plaintiff is informed or believes,
and on that basis denies the allegations in this paragraph.

23. Answering Paragraph 23 of the Complaint, Defendant Ferguson lacks
information sufficient to form a belief as to what Plaintiff is informed or believes,
and on that basis denies the allegations in this paragraph.

24. Answering Paragraph 24 of the Complaint, Defendant Ferguson lacks
information sufficient to form a belief as to what Plaintiff is informed or believes,
and on that basis denies the allegations in this paragraph.

25. Answering Paragraph 25 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 25,
and on that basis denies each and every such allegation.

26. Answering Paragraph 26 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

27. Answering Paragraph 27 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.
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ANSWER TO COMPLAINT

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SAMPLING “(NOT JUST) KNEE DEEP”

28. Answering Paragraph 28 of the Complaint, Defendant Ferguson admits

that certain remixes of “Shut Up” contain authorized samples of “(Not Just) Knee
Deep” pursuant to a license. Except as expressly admitted, Defendant Ferguson
denies the allegations in this paragraph.

29. Answering Paragraph 29 of the Complaint, Defendant Ferguson admits

that certain remixes of “Shut Up” contain authorized samples of “(Not Just) Knee
Deep” pursuant to a license. Except as expressly admitted, Defendant Ferguson
denies the allegations in this paragraph.

30. Answering Paragraph 30 of the Complaint, Defendant Ferguson admits

that certain remixes of “Shut Up” contain authorized samples of “(Not Just) Knee
Deep” pursuant to a license. Defendant Ferguson further admits that sound
recordings of the musical compositions “Shut Up” and “Shut Up Remix” have been
exploited since their creation. Except as admitted herein, Defendant Ferguson
denies the allegations in this paragraph.

31. Answering Paragraph 31 of the Complaint, Defendant Ferguson admits

that, upon information and belief, a recording of “(Not Just)” Knee Deep” appears
on Funkadelic’s album “Uncle Jam Wants You,” and on information and belief it
has been sampled by many musical artists. Defendant Ferguson lacks sufficient
information to admit or deny the remaining allegations of Paragraph 31, and on that
basis, denies such remaining allegations.

32. Answering Paragraph 32 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations of Paragraph 32, and on that
basis denies each and every such allegation.

33. Answering Paragraph 33 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations of Paragraph 33, and on that
basis denies each and every such allegation.

34. Answering Paragraph 34 of the Complaint, Defendant Ferguson lacks

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ANSWER TO COMPLAINT

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 8 of 17 Page ID #:157

sufficient information to admit or deny the allegations of Paragraph 34, and on that
basis, denies each and every such allegation.

35. Answering Paragraph 35 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations of Paragraph 35, and on that
basis denies each and every such allegation.

36. Answering Paragraph 36 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations of Paragraph 36, and on that
basis denies each and every such allegation.

37. Answering Paragraph 37 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

38. Answering Paragraph 38 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

RELEASE OF SHUT UP REMIX

39. Answering Paragraph 39 of the Complaint, Defendant Ferguson admits

the allegations in this paragraph.

40. Answering Paragraph 40 of the Complaint, Defendant Ferguson admits

the allegations in this paragraph.

41. Answering Paragraph 41 of the Complaint, Defendant Ferguson lacks
information sufficient to form a belief as to what Plaintiff is informed or believes,
and on that basis denies the allegations in this paragraph.

42. Answering Paragraph 42 of the Complaint, Defendant Ferguson, upon

information and belief, admits the allegations in this paragraph.

43. Answering Paragraph 43 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations set forth in this paragraph,
and on that basis denies the same.

44. Answering Paragraph 44 of the Complaint, Defendant Ferguson admits



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certain remixes have been exploited in singles. Defendant Ferguson lacks
information as to which remixes Plaintiff is referring to, and on that basis denies the
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ANSWER TO COMPLAINT

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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 9 of 17 Page ID #:158



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remaining allegations of the paragraph

45. Answering Paragraph 45 of the Complaint, Defendant Ferguson admits

that certain remixes contain authorized samples. Defendant Ferguson lacks
information as to which remixes Plaintiff is referring to, and on that basis denies the
remaining allegations of the paragraph.

46. Answering Paragraph 46 of the Complaint, Defendant Ferguson lacks
information as to which remixes Plaintiff is referring to, and on that basis denies the
remaining allegations of the paragraph.

47. Answering Paragraph 47 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations set forth in this paragraph,
and on that basis denies the same.

48. Answering Paragraph 48 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

RELEASE OF “SHUT THE PHUNK UP REMIX”

49. Answering Paragraph 49 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 49,
and on that basis, denies each and every allegation.

50. Answering Paragraph 50 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 50 of
the Complaint, and on that basis denies each and every such allegation.

51. Answering Paragraph 51 of the Complaint, Defendant Ferguson admits

that The Black Eyed Peas album, “The E.N.D.” was released in or about June of
2009, and that certain deluxe editions of the album contains a track entitled “Shut
the Phunk Up.” Defendant Ferguson denies the remaining allegations of this
paragraph.

52. Answering Paragraph 52 of the Complaint, Defendant Ferguson admits
that “The E.N.D.” was nominated by the Grammy Awards for “Album of the Year”
and won a Grammy Award for the “Best Pop Vocal Album” on or about January 31,
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ANSWER TO COMPLAINT

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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 10 of 17 Page ID

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2010. Defendant Ferguson denies the remaining allegations in this paragraph.

53. Answering Paragraph 53 of the Complaint, Defendant Ferguson lacks
sufficient to form a belief as to what Plaintiff is informed or believes, and on that
basis denies the allegations in this paragraph.

54. Answering Paragraph 54 of the Complaint, Defendant Ferguson lacks
sufficient to form a belief as to what Plaintiff is informed or believes, and on that
basis denies the allegations in this paragraph.

55. Answering Paragraph 55 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 55,
and on that basis denies each and every such allegation.

56. Answering Paragraph 56 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 56,
and on that basis denies each and every such allegation.

57. Answering Paragraph 57 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 57,
and on that basis denies each and every such allegation.

58. Answering Paragraph 58 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 58,
and on that basis denies each and every such allegation.

59. Answering Paragraph 59 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 59,
and on that basis denies each and every such allegation.

60. Answering Paragraph 60 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 60,
and on that basis, denies each and every such allegation

61. Answering Paragraph 61 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 61,
and on that basis denies each and every such allegation.
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ANSWER TO COMPLAINT



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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 11 of 17 Page ID

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62. Answering Paragraph 62 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 62,
and on that basis denies each and every such allegation.

LEGAL REQUIREMENTS OF SAMPLING

63. Answering Paragraph 63 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in this paragraph,
and on that basis denies each and every such allegation.

64. Answering Paragraph 64 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in this paragraph,
and on that basis denies each and every such allegation.

LIABILITY OF EACH DEFENDANT AND DAMAGES TO PLAINTIFF

65. Answering Paragraph 65 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

66. Answering Paragraph 66 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

67. Answering Paragraph 67 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 67,
and on that basis denies each and every such allegation.

68. Answering Paragraph 68 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 68,
and on that basis, denies each and every such allegation.

69. Answering Paragraph 69 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

70. Answering Paragraph 70 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

71. Answering Paragraph 71 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

72. Answering Paragraph 72 of the Complaint, Defendant Ferguson denies

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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 12 of 17 Page ID

#:161

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the allegations in this paragraph.

FIRST CLAIM FOR RELIEF

(Copyright infringement (sound recording)

relating to “(Not Just) Knee Deep”;

against all named defendants and DOES 1 through 10)

73. Answering Paragraph 73 of the Complaint, Defendant Ferguson

incorporates her answers and responses to Paragraphs 1-72 above, as if fully restated
herein.

74. Answering Paragraph 74 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

75. Answering Paragraph 75 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

76. Answering Paragraph 76 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

77. Answering Paragraph 77 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

78. Answering Paragraph 78 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

79. Answering Paragraph 79 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

80. Answering Paragraph 80 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

81. Answering Paragraph 81 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

82. Answering Paragraph 82 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

83. Answering Paragraph 83 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.
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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 13 of 17 Page ID

#:162

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SECOND CLAIM FOR RELIEF

(Declaratory Judgment;

against all named defendants and DOES 1 through 10)

84. Answering Paragraph 84 of the Complaint, Defendant Ferguson

incorporates her answers and responses to Paragraphs 1-83 above, as if fully restated
herein.

85. Answering Paragraph 85 of the Complaint, Defendant Ferguson lacks
sufficient information to admit or deny the allegations contained in Paragraph 85,
and on that basis denies each and every such allegation.

86. Answering Paragraph 86 of the Complaint, Defendant Ferguson admits

that, upon information and belief, Plaintiff seeks declaratory relief, but denies that
he is entitled to such relief. As to the remaining allegations of Paragraph 86,
Defendant denies each and every such allegation.

87. Answering Paragraph 87 of the Complaint, Defendant Ferguson admits

that, upon information and belief, Plaintiff seeks declaratory relief, but denies that
he is entitled to such relief. As to the remaining allegations of Paragraph 87,
Defendant denies each and every such allegation.

THIRD CLAIM FOR RELIEF

(Permanent injunction;

(against all named defendants and DOES 1 through 10)

88. Answering Paragraph 88 of the Complaint, Defendant Ferguson

incorporates her answers and responses to Paragraphs 1-87 above, as if fully restated
herein.

89. Answering Paragraph 89 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

90. Answering Paragraph 90 of the Complaint, Defendant Ferguson denies

the allegations in this paragraph.

91. Answering Paragraph 91 of the Complaint, Defendant Ferguson admits

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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 14 of 17 Page ID

#:163

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that, upon information and belief, Plaintiff seeks an injunction, but denies that
Plaintiff is entitled to an injunction of any sort, and further, notes that an injunction
is a species of relief, not a discrete claim for relief.

no response is given for that numbered paragraph.

no response is given for that numbered paragraph.

92. Plaintiff’s Complaint does not include a Paragraph 92, and therefore,

93. Plaintiff’s Complaint does not include a Paragraph 93, and therefore,

NATURE OF LIABILITY

94. Answering Paragraph 94 of the Complaint, Defendant Ferguson denies

the allegations of this paragraph.

Defendant Ferguson denies that Plaintiff is entitled to any of the relief

PRAYER FOR RELIEF

requested in his Prayer for Relief.

AFFIRMATIVE DEFENSES

FIRST DEFENSE

(Failure to State a Claim)

1.

The Complaint and all claims for relief alleged therein fail to state a

claim upon which relief can be granted.

SECOND DEFENSE

(License)

2.

Plaintiff’s claims and the relief requested are barred based on the

existence of a valid license that authorized each of the Defendants to engage in the
allegedly infringing conduct.

THIRD DEFENSE

(Statute of Limitations)

3.

The Complaint is barred by the applicable statute of limitations.

IR01DOCS478832.1




FOURTH DEFENSE

(Consent)

14





ANSWER TO COMPLAINT

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 15 of 17 Page ID

#:164



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4.

Plaintiffs claims and the relief requested because he consented to

allegedly wrongful conduct stated in the Complaint.

FIFTH DEFENSE

(Waiver)

5.

Plaintiff’s claims and relief requested are barred by the equitable

doctrine of waiver.

SIXTH DEFENSE

(Acquiescence)

6.

Plaintiff’s claims and relief requested are barred by the equitable

doctrine of acquiescence.

SEVENTH DEFENSE

(Estoppel)

7.

Plaintiff’s claims and relief requested are barred by the equitable

doctrine of estoppel.

EIGHTH DEFENSE

(Laches)

8.
of laches.

This Complaint is barred in whole or in part by the equitable doctrine

NINTH DEFENSE
(Unclean Hands)

9.

Plaintiff’s claims and requested relief are barred by the equitable

doctrine of unclean hands.



RESERVATION OF RIGHTS



Defendant Ferguson reserves the right, upon completion of her investigation

and discovery, to advance such additional defenses and/or counterclaims as they

may be appropriate.

IR01DOCS478832.1




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ANSWER TO COMPLAINT

Dated: March 4, 2011

BRYAN CAVE LLP
Jonathan S. Pink
Kara E. F. Cenar
Mariangela M. Seale


/s/ Jonathan S. Pink
By:
Jonathan S. Pink

Attorneys for Defendants
WILL ADAMS; ALLAN PINEDA; JAIME
GOMEZ; STACY FERGUSON;
WILL.I.AM MUSIC, INC.; CHERRY
LANE MUSIC PUBLISHING COMPANY,
INC.; TAB MAGNETIC, INC.; GEORGE
PAJON, JR.; EMI BLACKWOOD MUSIC,
INC.

Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 16 of 17 Page ID

#:165

WHEREFORE, having fully answered Plaintiff’s Complaint, Defendant

Ferguson prays for judgment against Plaintiff and awarding Defendant Ferguson her

costs, interest, reasonable attorneys’ fees, together with such other and further relief

as the Court may deem proper.









Respectfully submitted,



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Case 2:10-cv-09476-ODW -PLA Document 24 Filed 03/04/11 Page 17 of 17 Page ID

#:166

BRYAN CAVE LLP
Jonathan S. Pink
Kara E. F. Cenar
Mariangela M. Seale


/s/ Jonathan S. Pink
By:
Jonathan S. Pink

Attorneys for Defendants
WILL ADAMS; ALLAN PINEDA; JAIME
GOMEZ; STACY FERGUSON;
WILL.I.AM MUSIC, INC.; CHERRY
LANE MUSIC PUBLISHING COMPANY,
INC.; TAB MAGNETIC, INC.; GEORGE
PAJON, JR.; EMI BLACKWOOD MUSIC,
INC.

JURY TRIAL DEMAND

Defendant Ferguson hereby demands a jury trial.












Respectfully submitted,

Dated: March 4, 2011









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IR01DOCS478832.1




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