Professional Documents
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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
11
Plaintiff,
14 v.
15 BURBANK HIGH SCHOOL VOCAL
MUSIC ASSOCIATION; BRETT
16 CARROLL and JOHN DOE
CARROLL, a married couple; ELLIE
17 STOCKWELL and JOHN DOE
STOCKWELL, a married couple;
18 MARIANNE WINTERS and JOHN
DOE WINTERS, a married couple;
19 GENEVA TARANDEK and JOHN
DOE TARANDEK, a married couple;
20 LORNA CONSOLI and JOHN DOE
CONSOLI, a married couple;
21 CHARLES RODRIGUEZ and JANE
DOE RODRIGUEZ, a married couple;
22 HAAKON SUNDRY dba ARGENT
VISUALS and JANE DOE SUNDRY,
23 a married couple,
24
Defendants.
Case No.
2:16-cv-04781-SVW-FFM
Stephen V. Wilson
25
26 BRETT CARROLL, an individual and
employee of the BURBANK UNIFIED
27 SCHOOL DISTRICT,
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006237.00009
14329817.1
Third-Party Plaintiff,
DEFENDANT BRETT CARROLLS THIRD PARTY COMPLAINT
1 v.
2 JOSH GREENE, an individual;
SQUAREPLAY, INC. d/b/a
3 SQUAREPLAY ENTERTAINMENT,
a California corporation; and DOES 14 10,
5
Third-Party
Defendants
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ROMO
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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
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006237.00009
14329817.1
This is an action arising under the copyright laws of the United States,
This Court has jurisdiction over the subject matter of this Third-Party
who, at all pertinent times hereto, was a resident of the State of California, and
during such time, provided music arrangement services for the Burbank Unified
School District vocal music program and the Burbank High School Vocal Music
Association (BHSVMA).
5.
Carroll is informed and believed and based thereon alleges that Third-
6.
ROMO
10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
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13 paragraphs of this Third-Party Complaint and incorporates them as though fully set
14 forth herein.
15
8.
9.
For each school year from 2010 through present, Carroll, was
23 employed as the Vocal Music Director for the Burbank High School vocal music
24 program. He was an employee of the Burbank Unified School District during this
25 entire time period. He has not now, nor has he ever been, Director of the Burbank
26 High School Vocal Music Association, a nonprofit corporation comprised of parent
27 volunteers.
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006237.00009
14329817.1
10.
During the time period between 2010 and 2014, BHSVMA contracted
1 with Greene, SE, and DOES to prepare and provide music arrangements to the
2 Burbank High School vocal music program, which included the musical
3 compositions (Ive Had) The Time of My Life and Magic (collectively referred
4 to as the Arrangements).
5
11.
Carroll had no part in choosing the songs (Ive Had) The Time of My
6 Life and Magic or making the Arrangements; Greene and SE selected these
7 songs for use by the Burbank High School vocal music program and its show choirs.
8 Greene, SE, and DOES were asked to provide musical arrangements that could be
ROMO
9 used by the show choirs for educational purposes and during performances.
10 Accordingly, Greene, SE, and DOES chose the songs, devised the arrangements,
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
11 and provided the arrangements to be used by the Burbank High School show choirs.
12 Greene, SE, and DOES billed the Burbank High School Vocal Music Association
13 for their services and they received monetary compensation for the Arrangements.
14
12.
15 BHSVMA has paid Greene and SE in excess of $100,000 to create arrangements for
16 the Burbank High School vocal music program, including the Arrangements at issue
17 in this litigation.
18
13.
19 represented and/or implied that in exchange for the fees paid, if any licenses and
20 permissions were necessary for Carroll and the Burbank High School show choirs to
21 use the Arrangements, that such licenses and/or permissions had been or would be
22 obtained by Greene, SE, and/or DOES from the copyright owners and that Burbank
23 High School vocal music program would be permitted to lawfully utilize the musical
24 arrangements for performances. Because of these representations and or implied
25 assurances, Carroll believed that the Burbank High School vocal music program was
26 permitted to perform the Arrangements, and that any and all necessary permissions
27 and licenses had been obtained.
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006237.00009
14329817.1
14.
1 created by Greene, SE, and DOES, and Carroll and the Burbank High School vocal
2 music program were merely downstream users of the Arrangements.
3
15.
4 contained in the Complaint (which allegations Carroll has denied and continues to
5 deny), then Carroll alleges that any injuries and/or damages suffered by Tresona
6 were proximately caused by the unlawful conduct of Greene, SE, and DOES. Third7 Party Defendants conduct and/or omissions were active, primary and affirmative, as
8 regards Tresonas alleged damages and the conduct of Carroll and other Defendants,
ROMO
16.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
11 expense in the defense of said lawsuit, or makes any settlement with any party to
12 this lawsuit, then Carroll is entitled to judgment and indemnity over and against
13 Greene, SE, and DOES, and each of them, for all sums incurred by Carroll by
14 reason of said judgment or settlement, including but not limited to expense of
15 investigation, and expense and costs of litigation, in defending the instant lawsuit.
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17.
20 paragraphs of this Third-Party Complaint and incorporates them as though fully set
21 forth herein.
22
18.
23 monetary compensation.
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19.
Greene, SE, and DOES represented and/or implied that in exchange for
25 the fees paid, all necessary licenses and permissions, if any, would be obtained by
26 Greene, SE, and/or DOES from the copyright owners and that Burbank High School
27 vocal music program would be permitted to lawfully utilize the musical
28 arrangements for performances. Furthermore, Greene, SE, and DOES represented
006237.00009
14329817.1
1 or implied that they had the right to create and sell the Arrangements to BHSVMA
2 for use by Carroll and the Burbank High School vocal music program, and that if
3 any permissions and licenses were necessary that Greene and SE had obtained them.
4
20.
5 damages were proximately caused and contributed to by the fault, acts, and/or
6 omissions of Greene, SE, and DOES inclusive. Third-Party Defendants fault, acts,
7 and omissions must be compared with the fault, acts, or omissions, if any, of
8 Carroll, as well as that of any other person and parties, and any award of damages to
ROMO
9 Tresona must be apportioned to, and required to be paid by, Greene, SE, and/or
10 DOES inclusive, and each of them, according to the amount and degree of their
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
21.
13 created by Greene, SE, and DOES, and Carroll and the Burbank High School vocal
14 music program were merely downstream users of the Arrangements.
15
22.
16 Greene, SE, and DOES inclusive, and each of them, in the same amount as may be
17 paid or rendered against Carroll on the Complaint herein, by virtue of settlement or
18 judgment, according to the relative fault or percentage of fault of Third-Party
19 Defendants, and each of them, which proximately caused or contributed to the injury
20 or damages, if any suffered by Tresona. Carroll is further entitled to be held
21 harmless and indemnified by Greene, SE, and DOES inclusive, and each of them,
22 for the reasonable costs incurred in defending the main action and prosecuting the
23 Third-Party Complaint, and for reasonable attorney's fees.
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23.
28 paragraphs of this Third-Party Complaint and incorporates them as though fully set
006237.00009
14329817.1
1 forth herein.
2
24.
3 Arrangements to the Burbank High School vocal music program in exchange for
4 monetary compensation.
5
25.
9 implied that they had the right and authority to engage in such actions pursuant to 17
10 U.S.C. 101 et seq.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
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26.
27.
15 each of them, for any recovery that Tresona, may realize against Carroll including,
16 but not limited to, any settlement, judgments, attorneys fees, costs of suit, cost of
17 repair, and such other and further relief as the court may deem appropriate.
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28.
22 paragraphs of this Third-Party Complaint and incorporates them as though fully set
23 forth herein.
24
29.
25 Greene, SE, and DOES entered into an oral contract with the BHSVMA for the
26 preparation of the Arrangements for their use by Carroll and the Burbank High
27 School vocal music program. This oral contract required that Greene, SE, and
28 DOES comply with all requirements of 17 U.S.C. 101 et seq. and, if any licenses
006237.00009
14329817.1
1 and permissions were required to obtain such licenses and permissions, when
2 Greene and SE prepared the Arrangements and provided them to Carroll and the
3 vocal music program (Oral Contract).
4
30.
5 claims that Greene, SE, and DOES breached the Oral Contract by failing to comply
6 with 17 U.S.C. 101.
7
31.
Carroll also claims that this breach of Oral Contract by Greene, SE, and
8 DOES caused harm to Carroll for which Greene, SE, and DOES should pay.
ROMO
32.
Carroll is entitled to damages from Greene, SE, and DOES in the form
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
11 judgments, attorneys fees, costs of suit, cost of repair, and such other and further
12 relief as the court may deem appropriate.
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33.
17 paragraphs of this Third-Party Complaint and incorporates them as though fully set
18 forth herein.
19
34.
20 holders, as well as lay out the limitations on third party uses of copyrighted material.
21
35.
By entering into a contract with Greene, SE, and DOES to prepare and
22 sell the Arrangements for use by the Burbank High School vocal music program,
23 Greene, SE, and DOES impliedly warranted to Carroll that all work and services
24 provided would be in good faith, to the best practices of the trade as judged by
25 industry standards, and in compliance with the provisions of the 17 U.S.C. 101 et
26 seq.
27
36.
28 allegations of Tresonas Complaint are accepted by the trier of fact, Greene, SE, and
006237.00009
14329817.1
1 DOES, and each of them, breached said implied warranties, by failing to perform
2 their duties and/or work in a good and fair manner and according to the best
3 practices of the trade as judged by industry standards, and in compliance with the
4 provisions of the 17 U.S.C. 101 et seq.
5
37.
6 damages in the way of costs including, but not limited to, additional fees, penalties,
7 interest on outstanding fees, the retention of attorneys and experts to respond to the
8 claims asserted by Tresona and to investigate and evaluate said claims, potential
10 the trier of fact at the time of trial.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
ROMO
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38.
39.
17 respective rights and duties because Carroll, Greene, and DOES, inclusive, dispute
18 the allegations in this ThirdParty Complaint.
19
40.
20 obligations of Greene, SE, and DOES, inclusive, and each of them, as to the rights
21 and obligations herein alleged.
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24 judgment as follows:
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2.
3.
4.
ROMO
7 claims;
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5.
6.
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For such other and further relief as the Court may deem just and proper.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
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13 Dated: August 19, 2016
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006237.00009
14329817.1
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CERTIFICATE OF SERVICE
Case Name: Tresona Multimedia LLC v. Burbank High School Vocal Music
Association, et al.
No.: 2:16-CV-04781-SVW (FFMx)
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
ROMO
The party(ies) listed below are currently on the list to receive e-mail notices
for this case.
Brad A. Denton
10 brad@dentonpeterson.com
Larry A. Dunn
11 larry@dentonpeterson.com
Elena J. Cottam
12 elena@dentonpeterson.com
Denton Peterson, PC
13 1930 N. Arboleda Road, Suite 200
Mesa, Arizona 85213
14 (480) 325-9900
Fax (480) 325-9901
15
William D. Chapman, Esq.
16 CADDEN & FULLER LLP
114 Pacifica, Suite 450
17 Irvine, CA 92618
wchapman@caddenfuller.com
18 (949) 788-0827
Fax (949) 450-0650
19 A. Eric Bjorgum
Marc Karish
20 KARISH & BJORGUM, PC
16 North Marengo St., Suite 307
21 Pasadena, California 91101
Telephone: (213) 785-8070
22 4Facsimile: (213) 995-5010
Eric.bjorgum@kb-ip.com
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006237.00009
14329817.1
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I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct, and that I am employed in the office of a member of
4 the bar of this court at whose direction the service was made.
5
/s/ Marlon C Wadlington
6
Marlon C Wadlington
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ROMO
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A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
CENTER COURT DRIVE SOUTH SUITE
CERRITOS CAL IFORNIA
!
TELEPHONE" #$
% $
FAX" #$
% $
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006237.00009
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