Case 2:15-cv-03462-RGK-AGR Document 158-1 Filed 04/04/16 Page 1 of 12 Page ID

#:3975

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Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
T: (215) 500-1000; F: (215) 500-1005
E: [email protected]
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: [email protected]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL SKIDMORE, as Trustee for

the RANDY CRAIG WOLFE TRUST,

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Hon. R. Gary Klausner

Plaintiff,

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v.

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

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,

WITNESS LIST (COMBINED)

FILED BY PLAINTIFF MICHAEL
SKIDMORE, AS TRUSTEE FOR
THE RANDY CRAIG WOLFE
TRUST

Action Filed:
Discovery Cut Off:
Pre-trial Conf.:
Trial Date:

May 31, 2014

February 11, 2016
April 25, 2016
May 10, 2016

Defendants.

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Pursuant to Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure and

Local Rules 16-2.4 and 16-5 of the Central District of California, Plaintiff Michael
Skidmore, as Trustee for the Randy Craig Wolfe Trust, hereby submits the following
list of witnesses who may be called to testify at trial in this matter.

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The Witness List identifies the witnesses whom Plaintiff intend to call, or may
call, at trial, exclusive of any witnesses who may be called for rebuttal or
impeachment. Those witnesses whom Plaintiff may call only if the need arises are
marked by an asterisk. Plaintiff expressly reserves the right to supplement this list at
any time before trial, and the right to object to any supplemental witnesses identified
by any other party. Plaintiff further reserves the right to call or refrain from calling
any of the witnesses on this list.

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A summary of each witnesses expected testimony, and time estimates, are set
forth below the list of witnesses.

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Witness Name &

Address

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Brief Statement of Testimony

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Michael Skidmore
c/o Francis Malofiy, Esq.
Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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Time Estimate
(Direct/Cross)

PLAINTIFF
Direct: 2 hours
Facts in Plaintiffs Complaint.
Cross: ________
Facts in Defendants Answers.
The creation in or about 1966-67 of
the musical composition Taurus and
ownership of the copyright in that
musical composition.
Led Zeppelins access to Taurus.
Led Zeppelin as the opening act for Spirit.
Defendants admiration and familiarity with
Spirits music, including the song Taurus.
Access of the authors of the musical
composition Stairway to Heaven to the
musical composition Taurus.
Substantial Similarity between Taurus and
Stairway to Heaven.
The technical audio creation, recordation,
instrumentation, mixing, and mastering of
Taurus.
Lack of independent creation and
development of Stairway to Heaven.

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Witness Name &

Address

Brief Statement of Testimony

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Mark Andes
c/o Francis Malofiy, Esq.
Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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Jay Ferguson
2865 Torito Road
Santa Barbara, CA 93108
(805) 969-0235

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Communications and contact with Plaintiff,

the band members of Spirit, Sprit, and/or his
representatives. See Declaration.
FACT
Facts in Plaintiffs Complaint.
Facts in Defendants Answers.
The creation in or about 1966-67 of
the musical composition Taurus and
ownership of the copyright in that
musical composition.
Led Zeppelins access to Taurus.
Led Zeppelin as the opening act for Spirit.
Defendants admiration and familiarity with
Spirits music, including the song Taurus.
Access of the authors of the musical
composition Stairway to Heaven to the
musical composition Taurus.
Substantial Similarity between Taurus and
Stairway to Heaven.
The technical audio creation, recordation,
instrumentation, mixing, and mastering of
Taurus.
Lack of independent creation and
development of Stairway to Heaven.
Communications and contact with Plaintiff,
the band members of Spirit, Sprit, and/or his
representatives. See Declaration.
FACT - Facts in Plaintiffs Complaint.
Facts in Defendants Answers.
The creation in or about 1966-67 of
the musical composition Taurus and
ownership of the copyright in that
musical composition.
Led Zeppelins access to Taurus.
Led Zeppelin as the opening act for Spirit.
Defendants admiration and familiarity with
Spirits music, including the song Taurus.
Access of the authors of the musical
composition Stairway to Heaven to the
musical composition Taurus.
Substantial Similarity between Taurus and
Stairway to Heaven.
The technical audio creation, recordation,
instrumentation, mixing, and mastering of
Taurus.
Lack of independent creation and
development of Stairway to Heaven.
Communications and contact with Plaintiff,
the band members of Spirit, Sprit, and/or his

Time Estimate
(Direct/Cross)

Direct: 3 hours
Cross: ________

Direct: 3 hours
Cross: ________

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Witness Name &

Address

Brief Statement of Testimony

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Bruce Pates
c/o Francis Malofiy, Esq.
Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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Tracy Longo
Guitar Tech Corner
1822 E. Main Street
Ventura, CA 93001
(805) 647-7221

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Andrea (Wolfe) Baum

c/o Glen Kulik, Esq.
5164 Paanau Road
Koloa, Hawaii 96756

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Janet Wolfe
2885 Pierpont Boulevard
Ventura, CA 93001

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representatives. See Declaration.

FACT/EXPERT
Facts in Plaintiffs Complaint.
Facts in Defendants Answers.
The creation in or about 1966-67 of
the musical composition Taurus and
ownership of the copyright in that
musical composition.
Led Zeppelins access to Taurus.
Led Zeppelin as the opening act for Spirit.
Defendants admiration and familiarity with
Spirits music, including the song Taurus.
Access of the authors of the musical
composition Stairway to Heaven to the
musical composition Taurus.
Communications and contact with Plaintiff,
the band members of Spirit, Sprit, and/or his
representatives. See Declaration.
FACT Randy Wolfes guitar tech who has
personal knowledge relating to Wolfes
guitars and guitar set-up historically.
Additionally, he has knowledge regarding
Wolfe wanting to file suit and being in the
process to file suit against Led Zeppelin for
infringing his song Taurus. He also has
knowledge of Wolfes interactions with
Jimmy Page; Page asking Randy who to
play Taurus, and Page interacting with
Wolfe. See Declaration.
FACT Knowledge regarding her brother
Randy Wolfe. His guitar skills and ability at
a young age, including playing with Jimmy
Hendrix in NYC, starting the band Spirit.
She also has knowledge regarding writing
the song Taurus, for who it was written,
when, and why. Success of Spirit and the
first album Taurus being played live in
concert in late 1960s and early 1970s.
Additionally, information about the trust
and formation. See Declaration.
FACT Knowledge regarding her brother
Randy Wolfe. His guitar skills and ability at
a young age, including playing with Jimmy
Hendrix in NYC, starting the band Spirit.
She also has knowledge regarding writing
the song Taurus, for who it was written,
when, and why. Success of Spirit and the
first album. Taurus being played live in

Time Estimate
(Direct/Cross)
Direct: 2 hours
Cross: ________

Direct: 45 min
Cross: ________

Direct: 30 min
Cross: ________

Direct: 30 min
Cross: ________

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Witness Name &

Address

Brief Statement of Testimony

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Marla (Wolfe) Randall

6120 Sutter Ave
Ventura, CA 93003

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Linda Mensch, Esq.

Bryan Cave, LLP
161 N. Clark Street
Suite 4300
Chicago, IL 60601
(312) 602-5049

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10 David Waterbury

12116 Hartsook Street

Valley Village, CA 91607
(818) 505-8080

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11 Larry Knight

7438 Shoshony Avenue

Van Nuys, CA 91406
(818) 344-5515

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12 Paul Franklin

2235 Compote Circle

Palmdale, CA 93551
(213) 800-3505

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concert in late 1960s and early 1970s.

Additionally, information about the Trust
and formation. See Declaration.
FACT Knowledge regarding her brother
Randy Wolfe. His guitar skills and ability at
a young age, including playing with Jimmy
Hendrix in NYC, starting the band Spirit.
She also has knowledge regarding writing
the song Taurus, for who it was written,
when, and why. Success of Spirit and the
first album. Taurus being played live in
concert in late 1960s and early 1970s.
Additionally, information about the Trust
and formation and operation.
FACT (ATTORNEY) Knowledge that
Randy Wolfe actively sought her legal
advice and had an in person meeting with
her in the 1990s to legally file suit against
Led Zeppelin for infringing his song Taurus.
Information related to why suit wasnt
brought at that time, including the legal
landscape, statute of limitations, and
finances. See Declaration.
FACT Knowledge regarding Randy Wolfe
confronting Jimmy Page in the UK after an
after concert party. Jimmy Pages comments
to Wolfe in regards to the taking of Taurus.
Wolfe being upset, financially broke, and
unable to file suit.
See Declaration.
FACT Bass player for Spirit after the
initial lineup. Knowledge regarding the
concert at the Rainbow (UK) where there
were 7 encores. After concert party where
Jimmy Page and Randy Wolfe met and had
discussion. Page complimenting Knight and
the band Spirit on their performance and
inquiring what they were doing.
See Declaration.
FACT Knowledge regarding Randy Wolfe
confronting Jimmy Page in the UK after an
after concert party. Jimmy Pages comments
to Wolfe in regards to the taking of Taurus.
Wolfe being upset, financially broke, and
unable to file suit. Additionally, Page
admitting to lifting Taurus for Stairway to
Heaven.
See Declaration.

Time Estimate
(Direct/Cross)

Direct: 30 min
Cross: ________

Direct: 30 min
Cross: ________

Direct: 40 min
Cross: ________

Direct: 30 min
Cross: ________

Direct: 30 min
Cross: ________

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Witness Name &

Address

Brief Statement of Testimony

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13 Barry Hansen

6102 Pimenta Avenue

Lakewood, CA 90712
(562) 480-9820

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14 Michael R. Lee, Ph.D.

4134 S. Eudora Street

Englewood, CO 80110
(303) 919-0579

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15 Robert Lee, Esq.

4134 S. Eudora Street

Englewood, CO 80110
(303) 919-0579

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16 Alexander Stewart, Ph.D.

c/o Francis Malofiy, Esq.
Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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17 Erik Johnson

c/o Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Road

FACT Knowledge of tapes of Taurus from

1966-68. Custody and control of tapes.
Confirmation of emails providing these
original tapes of Taurus to Michael
Skidmore. Authenticity of tapes, when they
were created, and how kept and eventually
provided to Michael Skidmore.
Confirmation Spirit playing Taurus live
prior to contract.
See Declaration.
FACT Knowledge that Randy Wolfe
actively sought her legal advice and had an
in person meeting with her in the 1990s to
legally file suit against Led Zeppelin for
infringing his song Taurus. Information
related to why suit wasnt brought at that
time, including the legal landscape, statute
of limitation, and financial reasons.
See Declaration.
FACT (ATTORNEY)
Knowledge that Randy Wolfe actively
sought her legal advice and had an in person
meeting with her in the 1990s to legally file
suit against Led Zeppelin for infringing his
song Taurus. Information related to why suit
wasnt brought at that time, including the
legal landscape, statute of limitation, and
financial reasons.
See Declaration.
EXPERT This witness will testify on

Time Estimate
(Direct/Cross)
Direct: 45 min
Cross: ________

Direct: 30 min
Cross: ________

Direct: 30 min
Cross: ________

Direct: 4 hours

the subject matter of musicology, music

Cross: ________
transcription, substantial & strikingly
similarity, and comparatively analyze
Taurus and Stairway to Heaven. A
written report prepared and signed by
Dr. Stewart is was produced in
discovery. Additionally a Declaration
containing Rebuttal was submitted to the
Court. The Report, Declaration, Audio
Recordings and Transcription, and
materials relied upon in coming to his
opinion are incorporated by reference
and are intended to be used at time of
trial.
EXPERT Substantial similarity and
striking similarity. This witness will

Direct: 2 hours

testify as a Master Musician/Session

Musician (Multi-Instrumentalist),

Cross: ________

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Witness Name &

Address

Brief Statement of Testimony

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Media, PA 19063
(215) 500-1000

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18 Brian Bricklin

c/o Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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19 Kevin Hanson

c/o Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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Time Estimate
(Direct/Cross)

Professor of Music, and musicologist

who listened to, analyzed, transcribed,
and performed on the faithful rerecordings of Taurus and Stairway to
Heaven. It is expected that Mr. Johnson
will perform at time of trial. A written
report prepared and signed by Mr.
Johnson is was produced in discovery.
Additionally a Declaration containing
Rebuttal was submitted to the Court.
The Report, Declaration, Audio
Recordings and Transcription, and
materials relied upon in coming to his
opinion are incorporated by reference
and are intended to be used at time of
trial.
EXPERT - Substantial similarity and striking
Direct: 2 hours
similarity. This witness will testify on the
subject matter of music production, audio Cross: ________

engineering,
songwriting
and
songwriting process, and band member.
A written report prepared and signed by
Brian Bricklin was produced in discovery
along with a rebuttal report. Additionally
a Declaration was submitted to the Court.
The Report, Declaration, and Audio
Recordings are incorporated by reference
and are intended to be used at time of
trial.
EXPERT - Substantial similarity and
striking similarity. This witness will

Direct: 2 hours

Cross: ________
testify as a Master Musician/Session
Musician (Guitar) and Professor of
Music who listened to, analyzed, and
performed on the faithful re-recordings
of Taurus and Stairway to Heaven. It is
expected that Mr. Hanson will perform
at time of trial. A written report prepared
and signed by Kevin Hanson was
produced in discovery. Additionally a
Declaration containing Rebuttal was
submitted to the Court. The Report,
Declaration, Audio Recordings and
Video Demonstration, and materials
relied upon in coming to his opinion are
incorporated by reference and are
intended to be used at time of trial.

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Witness Name &

Address

Brief Statement of Testimony

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20 Michael Einhorn, Ph.D.

c/o Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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21 Dennis Somach

c/o Francis Malofiy, Esq.

Francis Alexander, LLC
280 N. Providence Road
Media, PA 19063
(215) 500-1000

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FACT - Ventura , California, County

Superior Court proceedings re Randy Craig
Wolfe, including creation, termination
and/or duration of Randy Craig Wolfe Trust
and ownership and/or disposition of rights
with respect to musical composition Taurus
FACT - Ventura , California, County
Superior Court proceedings re Randy Craig
Wolfe, including creation, termination
and/or duration of Randy Craig Wolfe Trust
and ownership and/or disposition of rights
with respect to musical composition Taurus
FACT - Author of Article re: Randy Wolfe.
Mr. McKenna interviewed Bernice Perle
(Randy Wolfes Mother) shortly before her
death. The article was produced in
discovery.

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DEFENDANTS WITNESS LIST

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22 Robert Coit, Esq.

EXPERT - This witness will testify on

the subject matter professional valuation
of damages. A written report prepared
and signed by Michael Einhorn has been
produced and served in discovery. The
Report and materials relied upon in
coming to his opinion are intended to be
used at time of trial.
EXPERT - This witness will testify on
the subject matter of qualitative
importance of Stairway to Heaven to
Led Zeppelin, music history, and Led
Zeppelin history. A written report
prepared and signed by Denny Somach
was prepared and discovery.
Additionally, a Declaration containing
Rebuttal was submitted to the Court.
The Report, Declaration, and materials
relied upon in coming to his opinion are
intended to be used at time of trial.

770 County Square Drive

Suite 200
Ventura, CA 93003
(805) 650-1197

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23 Terry Lynn Moore

770 County Square Drive

Suite 200
Ventura, CA 93003
(805) 650-1197

24 Dave McKenna

Address Unknown

Lou Adler
Hollenbeck Music
3969 Villa Costera 1
Malibu, CA 90265

25 Howard Frank, Esq.

Hollenbeck Music
3969 Villa Costera 1
Malibu, CA 90265

FACT - The 1967 creation and ownership,

and performance and exploitation of, the
musical composition Taurus
FACT - The ownership of the musical
composition Taurus, and Hollenbeck
Musics knowledge of and inaction re
Stairway to Heaven

Time Estimate
(Direct/Cross)
Direct: 2 hours
Cross: ________

Direct: 1.5 hours

Cross: ________

Direct: 1 hour
Cross: ________

Direct: 20 min
Cross: ________

Direct: 30 min
Cross: ________

Direct: 2 hours
Cross: 1 hour

Direct: 1 hour
Cross: 30 min

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Witness Name &

Address

Brief Statement of Testimony

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26 **Mark Andes

(Note: In both Plaintiffs

and Defendants Witness
List)

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8

Woerhaye or other
27 David
PMK on behalf of Rhino
Entertainment Co. and
Atlantic Recording
Corporation

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28 **Jay Ferguson

(Note: In both Plaintiffs

and Defendants Witness
List)

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29 Dr. Lawrence Ferrara

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30 John Paul Jones

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31 James Patrick Page

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32 Robert Mathes

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33 Robert Anthony Plant

FACT - The 1967 creation and ownership,

and performance and exploitation of, the
musical composition Taurus (as a surviving
member of Spirit, his knowledge re
performance is different than Adlers and
Franks)
DEFENDANT PMK - Atlantic Recording
Corporations deductible expenses as to
Stairway to Heaven; the marketing and
promotion of Led Zeppelin and the Stairway
to Heaven recording and/or the products in
which it appears, and the allocation of
claimed profits between the allegedly
infringing portion of Stairway to Heaven
and noninfringing elements
FACT - The 1967 creation and ownership,
and performance and exploitation of, the
musical composition Taurus (as a surviving
member of Spirit, his knowledge re
performance is different than Adlers and
Franks)
EXPERT - Lack of striking or substantial
similarity between the works; prior art and
common musical ideas and devices;
quantitative importance of the allegedly
similar portions
DEFENDANT - Authorship of the
composition Stairway to Heaven, including
independently of Taurus; prior art; lack of
familiarity with Taurus
DEFENDANT - Authorship of the
composition Stairway to Heaven, including
independently of Taurus; session musician
work and prior art; lack of familiarity with
Taurus; demonstrative evidence as to
Stairway to Heaven and allegedly similar
portions
Lack of striking or substantial similarity
between the works; prior art; qualitative
importance of the allegedly similar portions;
importance and appeal of Stairway to
Heaven; allocation of Stairway to Heaven
profits to elements (for example,
performance, other compositional elements,
lyrics, recording) other than portions
claimed to be similar to Taurus
Authorship of the composition
Stairway to Heaven, including

Time Estimate
(Direct/Cross)
Direct: 4 hours
Cross: 4 hours

Direct: 3 hours
Cross: 1.5 hours

Direct: 4 hours
Cross: 4 hours

Direct: Not given

Cross: 2 hours

Direct: 4 hours
Cross: 3 hours

Direct: 5 hours
Cross: 3.75 hours

Direct: 3 hours
Cross: 2 hours

Direct: 4 hours

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Witness Name &

Address

Brief Statement of Testimony

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independently of Taurus; prior art;

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34 William Ruhlmann (by

deposition)

35 Michael Skidmore

10

Blietz or other
36 Jeremy
PMK on behalf of
Warner/Chappell Music,
Inc.

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37 DEFENDANTS MAY
CALL IF THE NEED
ARISES:

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McDowell or
39 *Scott
other PMK on behalf of
Super Hype Publishing,
Inc.
Robinson or other
40 *Paul
PMK on behalf of Warner
Music Group Corp.

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Direct: 30 min
Cross: 15 min
Direct: 4 hours
Cross: 2 hours

Direct: 3 hours
Cross: 1.5 hours

DEFENDANTS
MAY CALL IF
THE NEED
ARISES:
Direct: 3 hours

of Joan Hudson & Co.

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Randy Craig Wolfes

acquiescence in alleged copying
from Taurus
Randy Craig Wolfe Trust and
ownership and/or disposition of
Randy Wolfes rights, including
with respect to musical
composition Taurus; knowledge
of and action/inaction re Stairway
Warner/Chappell Music, Inc.s
deductible expenses as to Stairway
to Heaven; the allocation of
claimed profits between the
allegedly infringing portion of
Stairway to Heaven and noninfringing
elements
DEFENDANTS MAY CALL IF THE
NEED ARISES:

individual defendants
38 Joan Hudson or other PMK The
respective deductible expenses as

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Cross: 3 hours

lack of familiarity with Taurus

Time Estimate
(Direct/Cross)

to Stairway to Heaven; the

allocation of claimed profits
between the allegedly infringing
portion of Stairway to Heaven and
non-infringing elements; *postMay 31, 2011 revenues
Super Hype Publishing, Inc.s lack
of exploitation of Stairway to
Heaven in the three years
preceding plaintiffs filing of this
action
Warner Music Group Corp.s lack
of exploitation of Stairway to
Heaven in the three years preceding
plaintiffs filing of this action; to the extent
any revenues from Stairway to Heaven are
attributed to Warner Music Group, its
deductible expenses and the allocation of
claimed profits between the allegedly
infringing portion of Stairway to Heaven
and the non-infringing elements

Cross: 1.5 hours

Direct: 1 hour
Cross: 45 min

Direct: 1 hour
Cross: 45 min

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1
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Plaintiff also reserves the right to use deposition testimony in its case in chief.
Without limiting this right, Plaintiff identifies the following depositions:
TESTIMONY BY VIDEO-DEPOSITION

3
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Plaintiff identifies the following witnesses whose video-deposition testimony

(or deposition testimony) may be used during Plaintiffs case in chief, during cross-

examination, or re-direct; or for other permissible uses, inclusive of but not limited

to: impeachment, rebuttal, or credibility.

1.

James Patrick Page

2.

John Paul Jones

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3.

Robert Plant

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4.

Jay Ferguson

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5.

Mark Andes
TESTIMONY BY DEPOSITION

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Plaintiff identifies the following witnesses whose depositions may be used

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during Plaintiffs case in chief, during cross-examination, or re-direct; or for other

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permissible uses, inclusive of but not limited to: impeachment, rebuttal, or

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credibility.

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6.

Bruce Pates

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7.

Michael Skidmore

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8.

William Ruhlmann

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9.

David Woirhaye

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10.

Jeremy Blietz

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Both Plaintiff and Defendants reserve their rights to call witnesses identified

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by the other party, to call witnesses not listed for impeachment purposes and to

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amend or supplement this witness list as provided by law.

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Plaintiff reserves the right to call in its case in chief (as if on cross)
Defendants or Defendants Witnesses.
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Case No. 15-cv-03462 RGK (AGRx)

WITNESS LIST (Combined)

Case 2:15-cv-03462-RGK-AGR Document 158-1 Filed 04/04/16 Page 12 of 12 Page ID

#:3986

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*****
Respectfully submitted,
Francis Alexander, llc
/s/ Francis Malofiy
Francis Malofiy, Esquire
Attorney ID No.: 208494
280 N. Providence Road
Media, PA 19063
T: (215) 500-1000
F: (215) 500-1005
E: [email protected]
Law Firm / Lawyer for Plaintiff
/d/ April 4, 2016

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Glen L. Kulik, Esquire

Kulik Gottesman Siegel & Ware, llp
15303 Ventura Boulevard | Suite 1400
Media, PA 19063
T: (310) 557-9200
F: (310) 557-0224
E: [email protected]
Attorneys for Plaintiff

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

WITNESS LIST (Combined)