Free Initial Disclosures - District Court of Delaware - Delaware

Case 1:04-cv-00969-KAJ Document 26 Filed O1/31/2006 Paget 0f4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Sony Music E-lIl€I'i2}.il`1l'l}€l1lQ,, et al
Plaintiffs,
-against— Z Case No. l:O4CVOO969-KA,}
Deena Hall, i
Defendant I
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PLAINTIFFS’ INITIAL DISCLOSURES PURSUANT TO F .R.C.P. 26
Plaintiffs provide these Initial Disclosures to Defendant pursuant to Federal Rule of Civil
Procedure 26. Plaintiffs reserve the right to supplement these disclosures,
I. WITNESSES
A. Plaintiffs believe that the foilowing individuals may have discoverable
infonnation supporting their claims in this action, and may be called to testify in support of such
claims:
B A representative of the Recording lndustry Association of America and/or a
representative of MediaSentry, Inc. may testify regarding issues relating to the operations of
online inedia distribution systems, and the search for, capture, and downloading Horn
Defenciant’s computer of the sound recordings at issue here These witnesses may be reached
tlirougli Plaintitfs’ counsel.
C, A representative of the Defendanfs Internet Seivice Provider ("ISP"), America
Online, Inc., may be asked to testify regarding use of Defendanfs America Online, Inc. account.

Case 1:04-cv-00969-KAJ Document 26 Filed O1/31/2006 Page 2 of 4
D. The Defendant may be asked to testify
E. Other members of the Defendant’s household may be asked to testify.
F A representative of each Plaintiff may be asked to testify on a range of issues,
including issues relating to Piaintiffs’ requests for monetary damages and injunctive relief. The
representatives of the respective Plaintiffs may be reached through Plaintifls’ counsel.
II. CATEGORIES OF DOCUMENTS
A, Plaintiffs may use the following documents and things to support their claims:
B. The certificate ofcopyright registration for each sound recording at issue in this
case,
Ci The Rule 45 Subpoena served upon Defendanfs ISP, and the response to the
Subpoena served by the ISP.
D. Screen shots ofDefendant’s shared folder (Exhibit B to the Complaint).
E. Copies of recordings identified on Exhibit A to the Complaint, as downloaded
hom Defendant’s computer.
F. News reports, articles, public service announcements, and other print media
informing the pubiic that using an online media distribution system to download, distribute,
and/or make available for distribution to others copyrighted sound recordings constitutes
copyright inliringement,
III. COMPUTATION OF DAMAGES
Ai Plaintiffs intend to seelt damages as follows:

Case 1:04-cv-00969-KAJ Document 26 Filed O1/31/2006 Page 3 of 4
B . Statutory damages for each iiitiingenient of each sound recording pursuant to the
Co;>y1·‘iglitAot, 17 USC § 504;
C PEaintil’fs’ attorneys fees, costs, and interest; and
D. Such other and further relief as the Court may deem just and proper
IV. INSURANCE
A. Not applieabie.
Plaintiffs make these disclosures based upon information that is cunrentiy known by and
reasonabty available to themi Plaintiffs reserve the right to supplement these disclosures in the
event that further responsive information comes to light in the course of ongoing investigation
and discovery
Dated: January 31, 2006
PHILLIPS, GOLDMAN & SPENCE, P A.
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ROBERT S. GOLDMAN, ESQ. #2508
1200 N`. Broom Street
Wilmington, DE 19806
(.302) 655-4200

Case 1:04-cv-00969-KAJ Document 26 Filed O1/31/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I, Robert S, C30ldman, Esquire, hereby swear that on january 31, 2006, I served via
E—Fi1e and facsimile, the attached Plaintiffs initial Disclosures Pursuarit to FR CP 26 ori
the following counsel:
Nicholas E. Skiles, Esquire
Swartz Campbell, LLC
300 Delaware Avenue
Suite #330
Wilrriimgton, DE 19801
we J Q
ROBERTS GOLDMAN, ESQ. (#2508)