NY412413.1/9999-00999

H. Rowan Gaither IV (HG-2245)

Reema S. Abdelhamid (RA-0085)

RICHARDS KIBBE & ORBE LLP

One World Financial Center

New York, New York 10281

Telephone: (212) 530-1800

Facsimile: (212) 530-1801

Counsel for Defendant Table Moose Media, LLC

d/b/a/ Indy Menís Magazine

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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GEORGE EDWARD McCAIN, an individual,

Plaintiff,

vs.

RAHAL LETTERMAN RACING, LLC, an Ohio

limited liability co, et al.

Defendants.

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Index No.: 07-CV-5729

NOTICE OF JOINDER IN MOTION

TO TRANSFER CASE

TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD

HEREIN:

PLEASE TAKE NOTICE that on Friday, August 17, 2007, or as soon thereafter as the

matter may be heard in Courtroom 14-B of the above-entitled Court, located at 500 Pearl Street,

New York, New York, defendant Table Moose Media, LLC, an Indiana limited liability

company d/b/a Indy Menís Magazine (ìTMMî), shall and hereby moves the Court for an Order

transferring this copyright infringement action to the United States District Court for the Central

District of California pursuant to 28 U.S.C. Section 1404(a).

This Motion joins and adopts the arguments made in support of the Motion to Transfer

Case filed by defendants Rahal Letterman Racing, LLC, and Bobby Rahal Automotive Group

Case 1:07-cv-05729-JSR Document 17 Filed 07/27/2007 Page 1 of 3
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(collectively ìRahalî), as set forth in their Memorandum of Points and Authorities and

supporting evidentiary materials. In further support of its Motion, TMM states as follows:

TMM is accused of publishing certain photographs of Danica Patrick in violation of a

copyright held by plaintiff George Edward McCain (ìMcCainî). TMM denies the allegations,

but to the extent the allegations have merit, TMM used the allegedly copyrighted photographs

with permission from one or more of the plaintiffs in Argent Mortgage Company, LLC, et al. v.

Edward McCain, Case No. SACV 06-749 CJC (RNBx) (the ìCalifornia Proceedingî), as

McCainís complaint in this action recognizes. Accordingly, if a copyright violation is

established, TMM will seek indemnification from the parties to the California Proceeding that

granted that permission, which may necessitate yet another lawsuit.

As noted in the Memorandum of Points and Authorities filed by Rahal, convenience of

the parties and the interests of justice are two relevant factors to the transfer calculus. (See Mem.

Part III.C). Because McCainís copyright claims are already being litigated in the United States

District Court for the Central District of California, defendantís interests and judicial economy

will be served if this action is transferred so that the indemnification claims stemming from any

alleged copyright violation are adjudicated in the same proceeding. McCain, on the other hand,

will not endure any hardship if this case is transferred because he is already litigating the claims

in California. Moreover, to the extent some of the copyright and indemnification claims must be

litigated here in the Southern District of New York, a different venue than the underlying

copyright claims, there is a risk of inconsistent judgments. Thus, the interests of justice and the

relative convenience of the parties weigh in favor of transfer.

Case 1:07-cv-05729-JSR Document 17 Filed 07/27/2007 Page 2 of 3
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To facilitate a transfer of this action to the United States District Court for the Central

District of California, TMM confirms that if this action is transferred it will not contest personal

jurisdiction in the Central District of California.

This Motion is based on this Notice of Motion and the Motion, Memorandum of Points

and Authorities and supporting evidentiary materials filed by defendants Rahal Letterman

Racing, LLC, and Bobby Rahal Automotive Group, and on such other evidence as may be

presented at the hearing of this Motion.

Dated: New York, New York

July 27, 2007

RICHARDS KIBBE & ORBE LLP

By: /s/ H. Rowan Gaither IV (HG-2245)

H. Rowan Gaither IV (HG-2245)

Reema S. Abdelhamid (RA-0085)

One World Financial Center

New York, New York 10281-2702

(212) 530-1800

Counsel for Defendant Table Moose Media, LLC

d/b/a/ Indy Menís Magazine

Of Counsel

Michael H. Gottschlich

BARNES & THORNBURG LLP

11 South Meridian Street

Indianapolis, IN 46204

(317) 236-1313

Case 1:07-cv-05729-JSR Document 17 Filed 07/27/2007 Page 3 of 3