Case 2:15-cv-03462-RGK-AGR Document 207-1 Filed 05/06/16 Page 1 of 4 Page ID

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Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Rd. | Suite 105
Media, PA 19063
T: (215) 500-1000; F: (215) 500-1005
E: francis@francisalexander.com
Attorney for Plaintiff
Glen L. Kulik, Esq. (SBN 082170)
Kulik Gottesman & Siegel LLP
15303 Ventura Blvd., Suite 1400
Sherman Oaks, CA 91403
T: (310) 557-9200; F: (310) 557-0224
E: gkulik@kgslaw.com
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL SKIDMORE, as Trustee for

15 the RANDY CRAIG WOLFE TRUST,
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v.
LED ZEPPELIN; JAMES PATRICK
PAGE; ROBERT ANTHONY PLANT;
JOHN PAUL JONES; SUPER HYPE
PUBLISHING, INC.; WARNER MUSIC
GROUP CORP., Parent of
WARNER/CHAPPELL MUSIC, INC.;
ATLANTIC RECORDING
CORPORATION; RHINO
ENTERTAINMENT COMPANY,

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Hon. R. Gary Klausner

Plaintiff,

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

Defendants.

DECLARATION OF FRANCIS
MALOFIY IN SUPPORT OF
PLAINTIFFS MOTION FOR
LEAVE TO DEPOSE NEWLY
DISCOVERED WITNESS OR
ALTERNATIVELY TO HAVE
WITNESS TESTIFY BY VIDEO
CONFERENCE AT TRIAL
Filed concurrently with Declaration of
Francis Malofiy; and [Proposed] Order
Trial Date: June 14, 2016
Time:
9:00 a.m.
Courtroom: 850

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DECL. OF F. MALOFIY MOTION FOR LEAVE TO DEPOSE NEWLY DISCOVERED WITNESS OR
ALTERNATIVELY TO HAVE WITNESS TESTIFY BY VIDEO CONFERENCE AT TRIAL

Case 2:15-cv-03462-RGK-AGR Document 207-1 Filed 05/06/16 Page 2 of 4 Page ID

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I, Francis Malofiy, declare:

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I am an attorney in the law firm of Francis Alexander, LLC, and I

represent Plaintiff Michael Skidmore, as Trustee for the Randy Craig Wolfe Trust in

the above-captioned matter. I have personal knowledge of the facts recited below,

and, if called as a witness, I could and would testify competently to the facts

contained in this declaration.

2.

One of the principal issues in this case is whether Defendants Robert

Plant (Plant) and Jimmy Page (Page) had access to Taurus before they wrote

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Stairway to Heaven, and how familiar Defendants are with the band Spirit and its

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material.

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3.

Defendants have claimed to have only the barest familiarity with Spirit,

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the band co-founded by Randy California who authored Taurus. Defendants claimed

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that they were not fans of Spirit, they did not attend Spirit concerts, did not listen to

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Spirit albums, and had no reasonable possibility of access to Taurus. This was

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despite the fact that Page, Plant, and John Paul Jones admit covering a Spirit song

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named Fresh Garbage repeatedly in 1968 and 1969. Fresh Garbage is on the same

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album side as Taurus, on the eponymously named Spirit albuman album which

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Page admits possessing.

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4.

Furthermore, defendant Page gave multiple interviews in the early

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1970s where he professed his admiration for Spirit, commented on Zeppelin and

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Spirit touring together, said Spirits music struck him on an emotional level, said

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that he saw Spirit live multiple times during the period when Taurus was regularly

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played at Spirit shows, and also said that he enjoyed listening to Spirits albums.

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Upon being confronted with these interviews, Page was forced to admit in his

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deposition that he had indeed liked Spirit in the 1960s, 1970s, and still likes Spirit.

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5.

In addition, it is documented that Robert Plant attended a Spirit concert

in Birmingham, England at a venue named Mothers Club in January 1970. Spirits

DECL. OF F. MALOFIY MOTION FOR LEAVE TO DEPOSE NEWLY DISCOVERED WITNESS OR
ALTERNATIVELY TO HAVE WITNESS TESTIFY BY VIDEO CONFERENCE AT TRIAL

Case 2:15-cv-03462-RGK-AGR Document 207-1 Filed 05/06/16 Page 3 of 4 Page ID

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bassist Mark Andes remembers that before the concert Plant briefly introduced

himself to Spirit, and that following the concert Andes and several members of

Spirit hung out with defendant Plant playing snooker and drinking. Following the

concert and snooker game, Plant was involved in a serious car crash while driving

home. While Plant admits that he attended the concert, (Deposition of Robert Plant

at p.51-63), he claims that he was totally uninterested in Spirit, did not listen to them

play, more or less turned off his ears, does not independently recall them playing,

and was in the back of the venue talking with his friends, including likely Ozzy

Osbourne. Id. at p.254. He also denies interacting with Spirits members after the

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show.
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On April 19, 2016, Plaintiff Michael Skidmore (Skidmore) received

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an unsolicited email from an English rock and roll photographer by the name of

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Mike Ware. That email is attached as Exhibit 1 to this Declaration. He informed Mr.

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Skidmore that he attended a Spirit show in 1970 at Mothers Club at Birmingham,

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England, at which time he saw Plant seated in the first row of the arena as a fan

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watching Spirit perform. In his email to Skidmore, Ware wrote: Truth will out, and

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I think that Plant and Page have dug a very big hole by lying about their relationship

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with Spirit. They were big fans, as I witnessed in 1970 at Mothers Club,

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Birmingham because Robert Plant was in the front row watching the band. Ware

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told Plaintiffs counsel on the phone that Plant was thoroughly enjoying himself.

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7.

On April 20, 2016, Plaintiffs counsel contacted Mr. Ware to seek to

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verify whether his version of events was credible. Mr. Ware provided numerous

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details that led counsel to conclude he was telling the truth, including that he

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specifically remembered the show because he hitchhiked over 100 miles to get to

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Mothers Club with a friend and that the friend took ill after the first song and spent

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the night in the bathroom. Mr. Ware also accurately described the layout of Mothers

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Club. He stated that Plant was thoroughly enjoying himself in the front row of the

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Spirit concert.
DECL. OF F. MALOFIY MOTION FOR LEAVE TO DEPOSE NEWLY DISCOVERED WITNESS OR
ALTERNATIVELY TO HAVE WITNESS TESTIFY BY VIDEO CONFERENCE AT TRIAL

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8.

Thus, on April 21, 2016, Plaintiffs counsel notified Defendants

counsel of the new witness and sent them a copy of the email Mr. Ware had sent to

Mr. Skidmore. See Exhibit 1.

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This testimony is highly relevant as it shows that Plant was familiar

with Spirit, was an avid fan of Spirit, and attended Spirits shows before Stairway to

Heaven was written. It also rebuts and contradicts Plants testimony that he was not

at Mothers Club to see Spirit, that he stayed in the back of the club uninterested in

Spirits concert, and that he was not a fan of Spirit. It also casts doubt on Plants

denial that he interacted with the band members of Spirit and played snooker with

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them.
10.

Mr. Ware informed Plaintiffs counsel that he is willing to testify at the

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trial but he is an elderly gentleman who lives in England and suffers from

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Parkinsons disease, which makes it impossible for him to travel. In addition, Mr.

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Ware has never traveled outside of Europe and does not have a passport.

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11.

Plaintiff was unaware until recently of the identity of Mr. Ware and it

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was not feasible for Plaintiff to list Mr. Ware in its witness list as required by this

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Courts order.

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I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed this 6th day of May, 2016 at Media, Pennsylvania.

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/s/ Francis Alexander

Francis Malofiy

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DECL. OF F. MALOFIY MOTION FOR LEAVE TO DEPOSE NEWLY DISCOVERED WITNESS OR
ALTERNATIVELY TO HAVE WITNESS TESTIFY BY VIDEO CONFERENCE AT TRIAL