Case 2:16-cv-05831-PSG-MRW Document 70 Filed 02/13/17 Page 1 of 8 Page ID #:219

1 HAYES F. MICHEL [SBN 141841]

2 KRAKOWSKY MICHEL
1925 Century Park East, Suite 2050
3 Los Angeles, California 90067-2746
4 Telephone: (310) 556-1956
Facsimile: (310) 556-4617
5 Email: hmichel@krakowskymichel.com
6
Attorneys for Defendant
7 CALVIN BROADUS
8
IN THE UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
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11
ANTONIO WHITE, an individual; Case No. 2:16-cv-05831-GHK
BA K E R & HO S T E T L E R L L P

12 and CRAIG WARD, an individual,

ATTOR NEYS AT LAW
LOS ANG ELES

ANSWER TO FIRST AMENDED

13
Plaintiffs COMPLAINT
14
v.
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16 WARNER-TAMERLANE
PUBLISHING CORPORATION;
17
ESTATE OF NATHANIEL HALE
18 D/B/A NATE DOGG; CALVIN
19 BROADUS, JR. D/B/A SNOOP
DOG; MARION SUGE KNIGHT;
20 ANDRE YOUNG D/B/A DR. DRE;
21 RICARDO BROWN D/B/A
KURUPT; WARREN GRIFFIN III
22 D/B/A WARREN G.; AND DOES
23 1-5

24 Defendants.
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 Case 2:16-cv-05831-PSG-MRW Document 70 Filed 02/13/17 Page 2 of 8 Page ID #:220

1 Calvin Broadus (Mr. Broadus) Answers the First Amended Complaint filed
2 by Antonio White and Craig Ward (collectively Plaintiffs) as follows:
3
4 JURISDICTION
5 Mr. Broadus admits that the United States District Court has original
6 jurisdiction to enforce the claim asserted under the Copyright Act, Title 17 U.S.C.
7 101, et. seq., and he admits that this Court has personal jurisdiction over him.
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9 1. Mr. Broadus does not have sufficient information on which to admit or
10 deny the allegations of Paragraph 1 and, therefore, denies the allegations of
11 Paragraph 1.
BA K E R & HO S T E T L E R L L P

12 2. Mr. Broadus does not have sufficient information on which to admit or

ATTOR NEYS AT LAW
LOS ANG ELES

13 deny the allegations of Paragraph 2 and, therefore, denies the allegations of

14 Paragraph 2.
15 3. Mr. Broadus denies that he infringed Plaintiffs copyright.
16 4. Mr. Broadus does not have sufficient information on which to admit or
17 deny the allegations of Paragraph 4 and, therefore, denies the allegations of
18 Paragraph 4.
19 5. Mr. Broadus admits that he is a musical artist and performer and
20 admits that this Court has personal jurisdiction over him..
21 6. Mr. Broadus does not have sufficient information on which to admit or
22 deny the allegations of Paragraph 6 and, therefore, denies the allegations of
23 Paragraph 6.
24 7. Mr. Broadus does not have sufficient information on which to admit or
25 deny the allegations of Paragraph 7 and, therefore, denies the allegations of
26 Paragraph 7.
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 Case 2:16-cv-05831-PSG-MRW Document 70 Filed 02/13/17 Page 3 of 8 Page ID #:221

1 8. Mr. Broadus does not have sufficient information on which to admit or

2 deny the allegations of Paragraph 8 and, therefore, denies the allegations of
3 Paragraph 8.
4 9. Mr. Broadus does not have sufficient information on which to admit or
5 deny the allegations of Paragraph 9 and, therefore, denies the allegations of
6 Paragraph 9.
7 10. Mr. Broadus does not have sufficient information on which to admit or
8 deny the allegations of Paragraph 10 and, therefore, denies the allegations of
9 Paragraph 10.
10 11. Mr. Broadus does not have sufficient information on which to admit or
11 deny the allegations of Paragraph 11 and, therefore, denies the allegations of
BA K E R & HO S T E T L E R L L P

12 Paragraph 11.
ATTOR NEYS AT LAW
LOS ANG ELES

13 12. Mr. Broadus does not have sufficient information on which to admit or
14 deny the allegations of Paragraph 12 and, therefore, denies the allegations of
15 Paragraph 12.
16 13. Mr. Broadus does not have sufficient information on which to admit or
17 deny the allegations of Paragraph 13 and, therefore, denies the allegations of
18 Paragraph 13.
19 14. Mr. Broadus does not have sufficient information on which to admit or
20 deny the allegations of Paragraph 14 and, therefore, denies the allegations of
21 Paragraph 14.
22 15. Mr. Broadus does not have sufficient information on which to admit or
23 deny the allegations of Paragraph 15 and, therefore, denies the allegations of
24 Paragraph 15.
25 16. Mr. Broadus admits that a song titled Aint No Fun (If The Homies
26 Cant Have None) is included on the album titled Doggystyle, and denies that
27 the song infringes on any persons (or persons) copyright.
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1 17. Mr. Broadus hereby incorporates his responses to paragraphs 1

2 through 16, inclusive, as if said paragraphs were forth at length herein.
3 18. Mr. Broadus denies the allegations of Paragraph 18.
4 19. Mr. Broadus denies the allegations of Paragraph 19.
5 20. Mr. Broadus denies the allegations of Paragraph 20.
6 21. Mr. Broadus does not have sufficient information on which to admit
7 or deny the allegations of Paragraph 21 and, therefore, denies the allegations of
8 Paragraph 21.
9 22. Mr. Broadus denies the allegations of Paragraph 22.
10 23. Mr. Broadus denies the allegations of Paragraph 23.
11 24. Mr. Broadus denies the allegations of Paragraph 24.
BA K E R & HO S T E T L E R L L P

12 25. Mr. Broadus does not have sufficient information on which to admit
ATTOR NEYS AT LAW
LOS ANG ELES

13 or deny the allegations of Paragraph 25 and, therefore, denies the allegations of

14 Paragraph 25.
15 26. Mr. Broadus denies the allegations of Paragraph 22.
16 27. Mr. Broadus does not have sufficient information on which to admit
17 or deny the allegations of Paragraph 27 and, therefore, denies the allegations of
18 Paragraph 27.
19 28. Mr. Broadus denies the allegations of Paragraph 28.
20 29. Mr. Broadus does not have sufficient information on which to admit
21 or deny the allegations of Paragraph 29 and, therefore, denies the allegations of
22 Paragraph 29.
23 30. Mr. Broadus hereby incorporates his responses to paragraphs 1
24 through 29, inclusive, as if said Paragraphs were forth at length herein.
25 31. Mr. Broadus denies the allegations of Paragraph 31.
26 32. Mr. Broadus denies the allegations of Paragraph 32.
27 33. Mr. Broadus denies the allegations of Paragraph 33.
28 34. Mr. Broadus denies the allegations of Paragraph 34.

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1 35. Mr. Broadus hereby incorporates his responses to paragraphs 1

2 through 34, inclusive, as if said Paragraphs were forth at length herein.
3 36. Mr. Broadus does not have sufficient information on which to admit or
4 deny the allegations of Paragraph 36 and, therefore, denies the allegations of
5 Paragraph 36.
6 37. Mr. Broadus does not have sufficient information on which to admit or
7 deny the allegations of Paragraph 37 and, therefore, denies the allegations of
8 Paragraph 37.
9 38. Mr. Broadus does not have sufficient information on which to admit or
10 deny the allegations of Paragraph 38 and, therefore, denies the allegations of
11 Paragraph 38.
BA K E R & HO S T E T L E R L L P

12 39. Mr. Broadus does not have sufficient information on which to admit or
ATTOR NEYS AT LAW
LOS ANG ELES

13 deny the allegations of Paragraph 39 and, therefore, denies the allegations of

14 Paragraph 39.
15 40. Mr. Broadus does not have sufficient information on which to admit or
16 deny the allegations of Paragraph 40 and, therefore, denies the allegations of
17 Paragraph 40.
18 41. Mr. Broadus does not have sufficient information on which to admit or
19 deny the allegations of Paragraph 41 and, therefore, denies the allegations of
20 Paragraph 41.
21 42. Mr. Broadus does not have sufficient information on which to admit or
22 deny the allegations of Paragraph 42 and, therefore, denies the allegations of
23 Paragraph 42.
24 43. Mr. Broadus does not have sufficient information on which to admit or
25 deny the allegations of Paragraph 43 and, therefore, denies the allegations of
26 Paragraph 43.
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1 44. Mr. Broadus does not have sufficient information on which to admit or
2 deny the allegations of Paragraph 44 and, therefore, denies the allegations of
3 Paragraph 44.
4 45. Mr. Broadus does not have sufficient information on which to admit or
5 deny the allegations of Paragraph 45 and, therefore, denies the allegations of
6 Paragraph 45.
7 46. Mr. Broadus hereby incorporates his responses to paragraphs 1
8 through 34, inclusive, as if said Paragraphs were forth at length herein.
9 47. Mr. Broadus does not have sufficient information on which to admit or
10 deny the allegations of Paragraph 47 and, therefore, denies the allegations of
11 Paragraph 47.
BA K E R & HO S T E T L E R L L P

12 48. Mr. Broadus does not have sufficient information on which to admit or
ATTOR NEYS AT LAW
LOS ANG ELES

13 deny the allegations of Paragraph 48 and, therefore, denies the allegations of

14 Paragraph 48.
15 49. Mr. Broadus does not have sufficient information on which to admit or
16 deny the allegations of Paragraph 49 and, therefore, denies the allegations of
17 Paragraph 49.
18 50. Mr. Broadus does not have sufficient information on which to admit or
19 deny the allegations of Paragraph 50 and, therefore, denies the allegations of
20 Paragraph 50.
21 AFFIRMATIVE DEFENSES
22 FIRST AFFIRMATIVE DEFENSE
23 (Failure to State a Claim)
24 The Complaint, and each claim therein, fails to state facts sufficient to assert
25 a legal claim against Mr. Broadus.
26 SECOND AFFIRMATIVE DEFENSE
27 (Statute of Limitations)
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 Case 2:16-cv-05831-PSG-MRW Document 70 Filed 02/13/17 Page 7 of 8 Page ID #:225

1 The Complaint, and each claim therein, is barred by the Statute of

2 Limitations in, among other statutes, Title 17 of the United States Code.
3 THIRD AFFIRMATIVE DEFENSE
4 (Laches)
5 The Complaint, and each claim therein, is barred by the doctrine of laches.
6 FOURTH AFFIRMATIVE DEFENSE
7 (Waiver)
8 The Complaint, and each claim therein, is barred by the doctrine of waiver.
9 FIFTH AFFIRMATIVE DEFENSE
10 (Estoppel)
11 The Complaint, and each claim therein, is barred by the doctrine of estoppel.
BA K E R & HO S T E T L E R L L P

12 SIXTH AFFIRMATIVE DEFENSE

ATTOR NEYS AT LAW
LOS ANG ELES

13 (Preemption by Bankruptcy Law)

14 The Complaint, and each claim therein, is barred or preempted by Death Row
15 Records bankruptcy.
16 SEVENTH AFFIRMATIVE DEFENSE
17 (Failure to Sue Indispensible Party)
18 The Complaint, and each claim therein, is barred by Plaintiffs failure to sue
19 the entity that is responsible for exploiting the recording at issue in this lawsuit.
20 EIGHTH AFFIRMATIVE DEFENSE
21 (Improper Registration)
22 The Complaint, and each claim therein, fails due to Plaintiffs improper
23 Copyright registration.
24 NINTH AFFIRMATIVE DEFENSE
25 (Lack of Ownership)
26 The Complaint, and each claim therein, fails because Plaintiffs do not own
27 the rights to the allegedly infringed material.
28 TENTH AFFIRMATIVE DEFENSE

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 Case 2:16-cv-05831-PSG-MRW Document 70 Filed 02/13/17 Page 8 of 8 Page ID #:226

1 (Improper Subject for Copyright)

2 The Complaint, and each claim therein, fails because the allegedly infringed
3 material is not entitled to Copyright protection.
4
5 PRAYER FOR RELIEF
6 WHEREFORE, Mr. Broadus prays for relief as follows:
7 1. That Plaintiffs take nothing by way of their First Amended Complaint;
8 2. That Mr. Broadus be awarded attorneys fees as permitted by law; and
9 3. Any other relief that the Court deems just and appropriate.
10
11 Dated: February 13, 2017 KRAKOWSKY MICHEL
BA K E R & HO S T E T L E R L L P

12
ATTOR NEYS AT LAW
LOS ANG ELES

13 ___/s/______________
14 Hayes Michel
15 Attorneys for Defendant
CALVIN BROADUS
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