EXHIBIT A 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 1 of 50 PageID #:293
MELONI & MCCAFFREY APC

Robert S. Meloni, Esq. (pro hac vice forthcoming)

Thomas P. McCaffrey, Esq. (pro hac vice forthcoming)

3 Columbus Circle, 15th Floor

New York, New York 10019

Tel: (212) 520-6090

Email: rmeloni@m2lawgroup.com

tmccaffrey@m2lawgroup.com

LEVENFELD PEARLSTEIN, LLC

Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 476-7547

Email: cheintskill@lplegal.com

Attorneys for Plaintiffs Larry Heard and Robert Owen

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

LARRY HEARD, professionally known as “Mr. 

Fingers” and ROBERT OWENS, 

Plaintiffs,

v.

TRAX RECORDS, INC., PRECISION/TRAX 

RECORDS, an entity of unknown legal origins, 

RACHEL SHERMAN née RACHAEL CAIN

p/k/a SCREAMIN’ RACHAEL, doing business 

as SCREAMING RACHAEL CAIN MUSIC 

and TRAX RECORDS, and JOHN DOES 1-10,

Defendants.

Civil Action No. 1:20-cv-03678 (SJC)

Honorable Sharon Johnson Coleman

PLAINTIFFS’ FIRST REQUEST 

FOR DOCUMENTS

PLEASE TAKE NOTICE that pursuant to Rule 34 of the Federal Rules of Civil Procedure, 

and the Local Rules of this Court, plaintiffs, Larry Heard (“Heard”) and Robert Owens (“Owens”) 

(individually “Plaintiff” and collectively “Plaintiffs”), hereby demand that defendants Trax 

Records, Inc., Precision/Trax Records, and Rachel Sherman (“Cain”), individually and d/b/a 

Screamin’ Rachael Cain Music and Trax Records, (individually, “Defendant” and collectively 

“Defendants”) produce documents in response to the requests set forth below, in accordance with 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 2 of 50 PageID #:294
2

the instructions and definitions herein, at the offices of Meloni & McCaffrey, P.C., located at 3 

Columbus Circle, 15th floor, New York, New York 10019, within thirty (30) days of service hereof.

Definitions and Instructions

1. “Action” means the above-entitled action.

2. “Complaint” means the Amended Complaint in the above-entitled action filed by 

Plaintiffs on December 8, 2020.

3. “Heard” means Larry Heard.

4. “Owens” means Robert Owens.

5. “Plaintiffs” means Heard and Owens.

6. “Sherman” means Larry Sherman. 

7. “Cain” means Rachel Cain, Rachel Sherman, and/or Rachel Sherman Cain, acting 

individually and/or doing business as Trax Records and/or Screamin’ Rachel Cain Music. 

8. “Trax” means the corporation Trax Records, Inc. as well as its affiliated business 

entities, employees, agents, attorneys, consultants, advisors, managers, producers and all other 

persons acting or purporting to act on its behalf, including, without limitation, the unincorporated 

entity known as Trax Records, the unincorporated entity known as Precision/Trax Records, the 

unincorporated entity known as Screamin’ Rachel Music and/or the individual known as Cain.

9. “Precision/Trax” means the unincorporated entity known as Precision/Trax 

Records, as well as its affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on its behalf, 

including, without limitation, the corporation known as “Trax Records, Inc., the unincorporated 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 3 of 50 PageID #:295
3

entity known as Trax Records, the unincorporated entity known as Screamin’ Rachel Cain Music 

and/or the individual known as Cain.

10. “Screamin’ Rachel” means the unincorporated entity known as Screamin’ Rachel 

Music Records, as well as its affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on its behalf, 

including, without limitation, the corporation known as “Trax Records, Inc., the unincorporated 

entity known as Trax Records, the unincorporated entity known as Precision Trax Records and/or 

the individual known as Cain.

11. “Defendants” means the above identified Cain, Trax, Precision/Trax and Screamin’ 

Rachel, as well as their affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on their behalf.

12. “Musical Compositions” means the musical compositions entitled Can You Feel 

It?, Washing Machine, Beyond The Clouds, Bring Down The Walls, Distant Planet, Never More 

Lonely and Donnie, including any derivative works based on or incorporating those musical 

compositions. 

13. “Sound Recordings” means the sound recordings entitled Can You Feel It?, 

Washing Machine, Beyond The Clouds, Bring Down The Walls, Distant Planet, Never More 

Lonely and Donnie, including any derivative works based on or incorporating those sound 

recordings.

14. “Precision/Trax Documents” mean the three documents identified in paragraphs 70 

through 72 of the Amended Complaint each entitled “Assignment of Copyright (Musical 

Composition)” that reference one or more of the Musical Compositions. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 4 of 50 PageID #:296
4

15. “Person(s)” includes an individual, a corporation, a partnership or joint venture or 

other entity.

16. “Identify” (with respect to persons) means to give, to the extent known, the person’s 

full name, present or last known address, and when referring to a natural person, additionally, the 

present and last known place of employment. Once a person has been identified in accordance 

with this paragraph, only the name of that person need be listed in response to subsequent 

discovery requesting the identification of that person.

17. “Identify” (with respect to documents) means to give, to the extent known, the (i) 

type of document, (ii) general subject matter; (iii) date of the document; and (iv) author(s), 

addressee(s) and recipient(s).

18. “Communication” means the transmittal of information in the form of facts, ideas, 

inquiries or otherwise.

19. If any interrogatory cannot be answered in whole or in part, it shall be answered to 

the extent possible, with an explanation as to why full compliance is not possible.

20. “Document” shall have the broadest meaning defined by Fed. R. Civ. P. 34(a) and 

applicable case law, and shall include, without limitation, anything on or in which any information 

is fixed and can be perceived, reproduced or otherwise communicated, with or without the aid of any 

machine or device, and regardless of the medium of expression in which the information is fixed 

(e.g., print, video, audio or other medium of expression), including but not limited to: contracts, 

agreements, papers, photographs, tape recordings, transcripts, checks, checkbooks, check stubs, 

check statements, bank statements, deposit slips, journals, general and subsidiary ledgers, 

worksheets, accounts, bills, promissory notes, invoices, punch cards, purchase orders, 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 5 of 50 PageID #:297
5

acknowledgments, authorizations, sales slips, receipts, shipping papers, letters or other forms of 

correspondence, telex, TWX and other teletype communications, facsimile, electronic mail, 

computer printouts, any other printout sheets, movie film, slides, microfilm, memoranda, reports, 

studies, summaries, minutes, minute books, circulars, notes (whether typewritten, handwritten or 

otherwise), agenda, bulletins, notices, announcements, proofs, sheets, instructions, charts, tables, 

manuals, brochures, magazines, pamphlets, lists, visitors’ logs, schedules, price lists, telegrams, 

engineering and/or architectural drawings, other drawings, sketches, plans, blueprints, 

specifications, diagrams, drafts, books and records, desk calendars, notebooks, diaries, registers, 

appointment books, budgets, analyses, projections, minutes of meetings, conferences or discussions 

of any kind, tax returns, and other data compilations from which information can be obtained or 

translated.

21. Documents are to be produced in a way that identifies the request or requests to 

which each document applies, or as they are maintained in the usual course of business.

22. The terms “document” includes any copy or copies of any of the foregoing on which 

any mark, alteration or additional writing or other change from the original, or from any other copy, 

has been made; and it includes any and all documents in your possession or any other person acting 

on your behalf.

23. If any responsive document has been lost, destroyed, or otherwise disposed of, such 

document is to be identified as completely as possible, including the following information: (i) 

contents; (ii) author(s); (iii) recipient(s); (iv) sender(s); (v) copied recipients (indicated or blind); 

(vi) date prepared or received; (vii) date of disposal; (viii) manner of disposition; (ix) persons 

currently in possession of the document; and (x) person(s) disposing of the document.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 6 of 50 PageID #:298
6

24. Where a claim of privilege is asserted in objecting to any means of discovery or 

disclosure, and an answer is not provided on the basis of such assertion, the attorney asserting the 

privilege shall identify the nature of the privilege (including work product) which is being claimed 

and, if the privilege is governed by state law, indicate the state's privilege rule being invoked, and 

the following information shall be provided in writing in the objection:

(A) For documents: (i) the type of document, e.g., letter or memorandum; (ii) the general 

subject matter of the document; (iii) the date of the document; and (iv) such other 

information as is sufficient to identify the document for a subpoena duces tecum, including, 

where appropriate, the author of the document, the addressees of the document, and any other 

recipients shown in the document, and, where not apparent, the relationship of the author, 

addressees, and recipients to each other;

(B) For oral communications: (i) the name of the person making the communication and the 

names of persons present while the communication was made and, where not apparent, the 

relationship of the persons present to the person making the communication; (ii) the date 

and place of communication; and (iii) the general subject matter of the communication.

25. The term “including” shall mean including but not limited to.

26. The terms “concerning,” “relating to,” and “referring to” shall be construed to mean 

discussing, describing, pertaining to, referring to, containing, analyzing, evaluating, studying, 

recording, memorializing, reporting on, commenting on, reviewed in conjunction with, 

evidencing, setting forth, considering, recommending, or constituting, in whole or in part.

27. “All” and “each” shall be construed as all and each.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 7 of 50 PageID #:299
7

28. The connectives “and” and “or” shall be construed either disjunctively or 

conjunctively as necessary to bring within the scope of the discovery request all responses that 

might otherwise be construed to be outside of its scope.

29. The use of the singular form of any word includes the plural and vice versa.

30. Each request shall be construed to impose upon You the continuing duty to 

supplement or correct each response, in accordance with Federal Rules of Civil Procedure 26(e) 

and the Local Rules of this Court, in the event that information bearing upon the request is 

subsequently discovered.

31. The originals of all documents produced in copy form shall be made available for 

inspection upon reasonable request.

32. Unless otherwise specifically addressed in an interrogatory, the governing timeframe for these interrogatories is January 1, 1985 thought the present. 

DOCUMENT REQUESTS

1. All communications between any Defendant and any Person(s) concerning the 

interpretation of Defendants rights and/or obligations under the Precision/Trax Documents.

2. Documents sufficient to establish the legal right of any Defendant in and to each and 

every one of the Musical Compositions, including, without limitation, (i) the right to license the 

Musical Compositions to third parties, (ii) the right to publish, sell or otherwise exploit the Musical 

Compositions in any media and formats; and (iii) the right to claim ownership and/or copyright 

interests in and to any Musical Compositions.

3. Documents sufficient to establish the legal right of any Defendant in and to each and 

every one of the Sound Recordings, including, without limitation, (i) the right to license the Sound 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 8 of 50 PageID #:300
8

Recordings to third parties, (ii) the right to publish, sell or otherwise exploit the Sound Recordings 

in any media and formats; and (iii) the right to claim ownership and/or copyright interests in and to 

Sound Recordings.

4. Documents pursuant to which Defendants exploited Musical Compositions.

5. Documents pursuant to which Defendants exploited Sound Recordings.

6. Documents pursuant to which Defendants authorized any Person to exploit any 

Musical Compositions.

7. Documents pursuant to which Defendants authorized any Person to exploit any 

Sound Recordings.

8. Documents sufficient to establish the gross revenues generated by Defendants, 

individually or collectively, or on their behalf, relating to the licensing and/or other exploitation of 

the Musical Compositions from January 1, 1986 through the present. 

9. Documents sufficient to establish the gross revenues generated by Defendants, 

individually or collectively, or on their behalf, relating to the licensing and/or other exploitation of 

the Sound Recordings from January 1, 1986 through the present. 

10. Documents sufficient to identify the expenses incurred by Defendants, individually 

or collectively, in connection with the sale, license, publication and/or other exploitation of the 

Musical Compositions from January 1, 1986 through the present.

11. Documents sufficient to identify the expenses incurred by Defendants, individually 

or collectively, in connection with the sale, license, publication and/or other exploitation of the 

Sound Recordings from January 1, 1986 through the present.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 9 of 50 PageID #:301
9

12. Documents sufficient to establish all payments or other forms of consideration paid 

or credited to Rachel Cain individually relating to the licensing and/or other exploitation of the 

Musical Compositions from January 1, 1986 through the present. 

13. Documents sufficient to establish all payments or other forms of consideration paid 

or credited to Rachel Cain individually relating to the licensing and/or other exploitation of the 

Sound Recordings from January 1, 1986 through the present. 

14. All agreements, licenses and documents, including all attachments and 

modifications which reflect your contention, if any, that Defendants, or any of them, has the right 

to use, publish or otherwise exploit the Musical Compositions.

15. All agreements, licenses and documents, including all attachments and 

modifications which reflect your contention, if any, that Defendants, or any of them, has the right 

to use, publish or otherwise exploit the Sound Recordings.

16. All agreements, licenses and documents, including all attachments and 

modifications, pursuant to which any Defendants, authorized and/or licensed third parties to use, 

publish or otherwise exploit the Musical Compositions, including without limitation, and such 

agreements with Casablanca Records.

17. All agreements, licenses and documents, including all attachments and 

modifications, pursuant to which any Defendants, authorized and/or licensed third parties to use, 

publish or otherwise exploit the Musical Compositions, including without limitation, and such 

agreements with Casablanca Records.

18. Documents sufficient to show the sale, licensing, distribution or other exploitation of 

the Musical Compositions by Casablanca Records and/or Casablanca Trax, Inc. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 10 of 50 PageID #:302
10

19. Documents sufficient to show the sale, licensing, distribution or other exploitation of 

the Sound Recordings by Demon Music Group. 

20. Documents sufficient to show the s sale, licensing, distribution or other exploitation 

of the Musical Compositions by Demon Music Group. 

21. Documents sufficient to show the sale, licensing, distribution or other exploitation 

the Sound Recordings by any other Person.

22. Each royalty statement any Defendant has rendered Heard since 1986 relating to 

the Musical Compositions.

23. Each royalty statement any Defendant has rendered Heard since 1986 relating to 

the Sound Recordings.

24. Each royalty statement any Defendant has rendered Owens since 1986 relating to 

the Musical Compositions.

25. Each royalty statement any Defendant has rendered Owens since 1986 relating to 

the Sound Recordings.

26. Documents sufficient to show any payments made by any Defendant to Heard 

relating to the Musical Compositions.

27. Documents sufficient to show any payments made by any Defendant to Heard 

relating to the Sound Recordings.

28. Documents sufficient to show any payments made by any Defendant to Owens 

relating to the Musical Compositions.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 11 of 50 PageID #:303
11

29. Documents sufficient to show any payments made by any Defendant to Owens 

relating to the Sound Recordings.

30. Documents sufficient to show any payments made by any Defendant to any Person

other than Heard and Owens which relate or refer to any Sound Recordings.

31. Documents sufficient to show any payments made by any Defendant to any Person 

other than Heard and Owens which relate or refer to any Musical Compositions.

32. All agreements with between Cain, individually or through Screaming Rachel Cain 

Music and Ultra Music which relate or refer to any Musical Compositions. 

33. All agreements with between Cain, individually or through Screaming Rachel Cain 

Music and Ultra Music which relate or refer to any Sound Recordings.

34. Each statement of account rendered by Ultra Music to Cain, individually or through 

Screaming Rachel Cain Music, which relate or refer to any Musical Compositions or Sound 

Recordings.

35. Each agreement with a Performance Rights Organization (“PRO”) (including, 

without limitation, ASCAP, BMI and SESAC) that governed public performance income 

generated by any Musical Compositions.

36. Each royalty statement Defendants, or either of them, received from a PRO 

concerning their respective collection of public performance income generated by any Musical 

Compositions.

37. All documents filed or exchanged by any party in the lawsuit entitled 

CASABLANCA TRAX INC v. TRAX RECORDS INC., in the state court of Illinois, No. 1-06-

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 12 of 50 PageID #:304
12

2194, including, without limitation, the Joint Venture Agreement entered into on December 17, 

2002, as modified in March 2004 (“Casablanca JVA”). 

38. Documents sufficient to establish any income or other forms of consideration

Defendants received for the exploitation of Musical Compositions pursuant to the Casablanca JVA. 

39. Documents sufficient to establish any income or other forms of consideration 

Defendants received for the exploitation of Sound Recordings pursuant to the Casablanca JVA. 

40. Copies of all statement of account rendered to Defendants, or any of them, from 

Casablanca Trax Inc. pursuant to the Casablanca JVA. 

41. All Agreements that govern the exploitation of Musical Compositions and/or Sound 

Recordings through any digital service providers, digital retailers and/or streaming services, 

including, without limitation, any and all agreements between Defendants and/or Apple Music, 

Spotify, Pandora, Tidal, Indagio, LiveXLive, Primephonic, SiriusXM, and Amazon Music

(collectively, “Digital Services”). 

42. Documents sufficient to establish all royalties Defendants collected from all 

sources for the exploitation of Musical Compositions, including from Digital Services. 

43. Documents sufficient to establish all royalties from all sources Defendants paid to

Heard generated by the exploitation of Musical Compositions and/or Sound Recordings.

44. Documents sufficient to establish all royalties from all sources Defendants paid to 

Owens generated by the exploitation of Musical Compositions and/or Sound Recordings.

45. All documents submitted to the office of the Registrar of Copyrights with respect 

to the application for registration of any copyright for each one of Musical Compositions. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 13 of 50 PageID #:305
13

46. All documents received from the office of the Registrar of Copyrights with respect 

to the application for registration of copyright for each one of Sound Recordings. 

47. All documents that refer or relate to Cain’s ownership interests in Trax Records, 

Inc. and its predecessors in interest.

48. All documents that refer or relate to the sale, assignment or transfer of any interests 

in Trax Records, Inc., and any assets of Trax Records, Inc., including but not limited to musical 

copyrights, trademarks, and physical assets, to Cain and/or the widow of Larry Sherman and/or 

the Estate of Larry Sherman.

49. All documents that refer or relate to any agreements between Cain, on the one hand, 

and the Widow of Larry Sherman, on the other hand, relating to any ownership interests in Trax 

Records, Inc. and/or any assets owned or formerly owned by Trax Records, Inc., including without 

limitation, any Sound Recordings and Musical Compositions.

50. All documents that support the contention by Cain “DBA Phuture Trax Records” 

that she was, and is now, the lawful owner of the trademark TRAX RECORDS issued U.S. 

Registration Nos. 3,466,156.

51. All documents that support the contention by Cain “DBA Phuture Trax Records” 

that she was, and is now, the lawful owner of the trademark TRAX RECORDS issued U.S. 

Registration No. 3,466,459.

52. All documents that support Cain’s contention that she was the first Person to use 

the trademark TRAX RECORDS in interstate commerce in connection with “musical sound 

recordings” commencing as of August 8, 1988, as stated in U.S. Registration No. 3,466,156.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 14 of 50 PageID #:306
14

53. All documents that support Cain’s contention that she was the first Person to use 

the trademark TRAX RECORDS in interstate commerce in connection with “audio and video 

recordings featuring music and documentaries, dramas, comedies, and cartoons, based on the 

inspiration, and unity, created by dance, and the unique sound and unity among people of all 

nations through a house music sound” commencing as of August 2, 1985, as stated in U.S. 

Registration No. 3,466,459.

54. All documents and/or communications that Defendants relied upon in drafting their 

respective answers to Plaintiff’s’ First Set of Interrogatories.

55. All documents and/or communications that Defendants relied upon in answering 

Plaintiffs’ First Set of Interrogatories.

56. All documents and/or communications that Defendants intend to rely upon at trial.

Dated: January 29, 2021

MELONI & McCAFFREY APC

By: /s/Robert S. Meloni

 Robert S. Meloni, pro hac vice forthcoming

 Thomas P. McCaffrey, pro hac vice forthcoming

3 Columbus Circle – 15th Floor

New York, New York 10019

Tel: (212) 520-6090

LEVENFELD PEARLSTEIN, LLC

By: /s/ Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 346-8380

Attorneys for Plaintiffs Larry Heard and Robert Owens

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 15 of 50 PageID #:307
15

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was filed electronically on 

this January 29, 2021 and, as such, served on the following counsel of record via electronic service:

Richard P. Darke, Esq.

Rosanne Ciambrone, Esq.

Duane Morris LLP

190 South LaSalle Street, Suite 3700

Chicago, IL 60603-3433

Dated: January 29, 2021

s/ Robert S. Meloni

 Robert S. Meloni

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 16 of 50 PageID #:308
MELONI & MCCAFFREY, A PROFESSIONAL CORPORATION

Robert S. Meloni, Esq. (pro hac vice forthcoming)

Thomas P. McCaffrey, Esq. (pro hac vice forthcoming)

3 Columbus Circle, 15th Floor

New York, New York 10019

Tel: (212) 520-6090

Email: rmeloni@m2lawgroup.com

tmccaffrey@m2lawgroup.com

LEVENFELD PEARLSTEIN, LLC

Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 476-7547

Email: cheintskill@lplegal.com

Attorneys for Plaintiffs Larry Heard and Robert Owen

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

LARRY HEARD, professionally known as “Mr. 

Fingers” and ROBERT OWENS, 

Plaintiffs,

v.

TRAX RECORDS, INC., PRECISION/TRAX 

RECORDS, an entity of unknown legal origins, 

RACHEL SHERMAN née RACHAEL CAIN

p/k/a SCREAMIN’ RACHAEL, doing business 

as SCREAMING RACHAEL CAIN MUSIC 

and TRAX RECORDS, and JOHN DOES 1-10,

Defendants.

Civil Action No. 1:20-cv-03678 (SJC)

Honorable Sharon Johnson Coleman

PLAINTIFFS’ FIRST SET OF 

INTERROGATORIES

PLEASE TAKE NOTICE that pursuant to Rule 33 of the Federal Rules of Civil Procedure, 

and the Local Rules of this Court, plaintiffs, Larry Heard (“Heard”) and Robert Owens (“Owens”) 

(individually “Plaintiff” and collectively “Plaintiffs”), hereby demand that defendants Trax 

Records, Inc., Precision/Trax Records, and Rachel Sherman (“Cain”), individually and d/b/a 

Screamin’ Rachael Cain Music and Trax Records, (individually, “Defendant” and collectively 

“Defendants”) serve answers to the Interrogatories set forth below, in accordance with the 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 17 of 50 PageID #:309
2

instructions and definitions herein, at the offices of Meloni & McCaffrey, P.C., located at 3 

Columbus Circle, 15th floor, New York, New York 10019, within thirty (30) days of service hereof.

Definitions and Instructions

1. “Action” means the above-entitled action.

2. “Complaint” means the Amended Complaint in the above-entitled action filed by 

Plaintiffs on December 8, 2020.

3. “Heard” means Larry Heard.

4. “Owens” means Robert Owens.

5. “Plaintiffs” means Heard and Owens.

6. “Sherman” means Larry Sherman. 

7. “Cain” means Rachel Cain, Rachel Sherman, and/or Rachel Sherman Cain, acting 

individually and/or doing business as Trax Records and/or Screamin’ Rachel Cain Music. 

8. “Trax” means the corporation Trax Records, Inc. as well as its affiliated business 

entities, employees, agents, attorneys, consultants, advisors, managers, producers and all other 

persons acting or purporting to act on its behalf, including, without limitation, the unincorporated 

entity known as Trax Records, the unincorporated entity known as Precision/Trax Records, the 

unincorporated entity known as Screamin’ Rachel Music and/or the individual known as Cain.

9. “Precision/Trax” means the unincorporated entity known as Precision/Trax 

Records, as well as its affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on its behalf, 

including, without limitation, the corporation known as “Trax Records, Inc., the unincorporated 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 18 of 50 PageID #:310
3

entity known as Trax Records, the unincorporated entity known as Screamin’ Rachel Cain Music 

and/or the individual known as Cain.

10. “Screamin’ Rachel” means the unincorporated entity known as Screamin’ Rachel 

Music Records, as well as its affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on its behalf, 

including, without limitation, the corporation known as “Trax Records, Inc., the unincorporated 

entity known as Trax Records, the unincorporated entity known as Precision Trax Records and/or 

the individual known as Cain.

11. “Defendants” means the above identified Cain, Trax, Precision/Trax and Screamin’ 

Rachel, as well as their affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on their behalf.

12. “Musical Compositions” means the musical compositions entitled Can You Feel 

It?, Washing Machine, Beyond The Clouds, Bring Down The Walls, Distant Planet, Never More 

Lonely and Donnie, including any derivative works based on or incorporating those musical 

compositions. 

13. “Sound Recordings” means the sound recordings entitled Can You Feel It?, 

Washing Machine, Beyond The Clouds, Bring Down The Walls, Distant Planet, Never More 

Lonely and Donnie, including any derivative works based on or incorporating those sound 

recordings.

14. “Precision/Trax Documents” mean the three documents identified in paragraphs 70 

through 72 of the Amended Complaint each entitled “Assignment of Copyright (Musical 

Composition)” that reference one or more of the Musical Compositions. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 19 of 50 PageID #:311
4

15. “Person(s)” includes an individual, a corporation, a partnership or joint venture or 

other entity.

16. “Identify” (with respect to persons) means to give, to the extent known, the person’s 

full name, present or last known address, and when referring to a natural person, additionally, the 

present and last known place of employment. Once a person has been identified in accordance 

with this paragraph, only the name of that person need be listed in response to subsequent 

discovery requesting the identification of that person.

17. “Identify” (with respect to documents) means to give, to the extent known, the (i) 

type of document, (ii) general subject matter; (iii) date of the document; and (iv) author(s), 

addressee(s) and recipient(s).

18. “Communication” means the transmittal of information in the form of facts, ideas, 

inquiries or otherwise.

19. If any interrogatory cannot be answered in whole or in part, it shall be answered to 

the extent possible, with an explanation as to why full compliance is not possible.

20. Documents that are produced in lieu of a response to an interrogatory are to be 

produced in a way that identifies the interrogatory or interrogatories to which each document 

applies, or as they are maintained in the usual course of business.

21. If the information necessary to answer any interrogatory is contained in a document 

which is no longer in your possession, custody, or control because of destruction, loss or any other 

reason, then as to each document: (i) describe the nature of the document; (ii) state the date of the 

document; (iii) identify the persons who sent and received the original and copies of the document; 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 20 of 50 PageID #:312
5

(iv) state in as much detail as possible the contents of the document; and (v) state the manner and 

date of disposition of the document.

22. In the event that any interrogatory is objected to on the grounds of any claim of 

privilege or on the basis that it is subject to any other protections from disclosure, the objection 

shall be made in writing and shall be supported by a description of the nature of the documents, 

communications, or things not produced that is sufficient to enable Plaintiff to contest such claim 

of privilege or protection. Any ground not stated in the objection within the time provided by the 

Federal Rules of Civil Procedure, or any extensions thereof, shall be deemed waived.

23. The term “including” shall mean including but not limited to.

24. The terms “concerning,” “relating to,” and “referring to” shall be construed to mean 

discussing, describing, pertaining to, referring to, containing, analyzing, evaluating, studying, 

recording, memorializing, reporting on, commenting on, reviewed in conjunction with, 

evidencing, setting forth, considering, recommending, or constituting, in whole or in part.

25. “All” and “each” shall be construed as all and each.

26. The connectives “and” and “or” shall be construed either disjunctively or 

conjunctively as necessary to bring within the scope of the discovery request all responses that 

might otherwise be construed to be outside of its scope.

27. The use of the singular form of any word includes the plural and vice versa.

28. Unless otherwise specifically addressed in an interrogatory, the governing timeframe for these interrogatories is January 1, 1985 thought the present. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 21 of 50 PageID #:313
6

29. Each interrogatory shall be construed to impose upon you the continuing duty to 

supplement or correct each response, in accordance with the Federal Rules of Civil Procedure 

26(e) and any applicable Local Rules of the Court.

INTERROGATORIES

1. Identify all Person(s), other than present litigation counsel, with knowledge or 

information concerning the truth and/or falsity of any of the allegations asserted in the Complaint.

2. Identify the widow of Larry Sherman.

3. Identify all Person(s), other than present litigation counsel, with knowledge or 

information concerning the truth and/or falsity of any factual allegation asserted on behalf of 

Defendants in any pleading and/or motion filed in response to the Complaint. 

4. Identify all Person(s), other than present litigation counsel, with whom Defendants 

conferred or discussed its rights and/or obligations under the Precision/Trax Documents prior to 

the filing of the Complaint.

5. Identify all Person(s), other than present litigation counsel, with whom Cain 

conferred or discussed its rights and/or obligations under the Precision/Trax Documents after the 

filing of the Complaint.

6. Identify all communications between Cain and any Person(s) concerning the 

interpretation of Defendants rights and/or obligations under the Precision/Trax Documents.

7. Identify all Person(s), other than present litigation counsel, with whom Cain 

reviewed any and all accountings or royalty statements Defendants provided to Heard and/or 

Owens pursuant to the Precision/Trax Documents. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 22 of 50 PageID #:314
7

8. Identify all Agreements pursuant to which Defendants asserted any and all rights 

to exploit Musical Compositions.

9. Identify all Agreements pursuant to which Defendants asserted any and all rights 

to exploit Sound Recordings.

10. Identify all Agreements pursuant to which Defendants exploited Musical 

Compositions.

11. Identify all Agreements pursuant to which Defendants exploited Sound Recordings.

12. Identify all Agreements that Defendants contend assign the copyrights interests in 

the Musical Compositions and for each of those Agreements identify the language that assigns the 

copyright interests and identify each song that is governed by those Agreements.

13. Identify all Agreements that Defendants contend assign the copyrights interests in 

the Sound Recordings and for each of those Agreements identify the language that assigns the 

copyright interests and identify each song that is governed by those Agreements.

14. Identify each royalty statement of account Defendants provided Heard since 

Defendants began exploiting the Musical Compositions.

15. Identify each royalty statement of account Defendants provided Heard since 

Defendants began exploiting the Sound Recordings.

16. Identify each royalty statement of account Defendants provided Owens since 

Defendants began exploiting the Musical Compositions.

17. Identify each royalty statement of account Defendants provided Owens since 

Defendants began exploiting the Sound Recordings.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 23 of 50 PageID #:315
8

18. Identify each royalty statement of account Defendants provided to any Person other 

than Heard or Owens since Defendants began exploiting the Musical Compositions.

19. Identify each royalty statement of account Defendants provided to any Person other 

than Heard or Owens since Defendants began exploiting the Sound Recordings.

20. Identify each third-party agreement between any of the Defendants and any thirdparty which governed the exploitation of Musical Compositions. 

21. Identify each third-party agreement between any of the Defendants and any thirdparty which governed the exploitation of Sound Recordings. 

22. Identify each agreement with a Performance Rights Organization (“PRO”) 

(including, without limitation, ASCAP, BMI and SESAC) that governed public performance 

income generated by Musical Compositions. 

23. Identify each royalty statement Defendants received from a PRO concerning their 

respective collection of public performance income generated by Musical Compositions. 

24. Identify all documents filed by or exchanged between any party to the lawsuit 

entitled CASABLANCA TRAX INC v. TRAX RECORDS INC., in the state court of Illinois, No.

1-06-2194, including, without limitation, the Joint Venture Agreement entered into on December 

17, 2002, as modified in March 2004 (“Casablanca JVA”). 

25. Identify documents sufficient to establish what monies or other forms of 

consideration Defendants received for the exploitation of Musical Compositions pursuant to the 

Casablanca JVA. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 24 of 50 PageID #:316
9

26. Identify documents sufficient to establish what monies or other forms of 

consideration Defendants received for the exploitation of Sound Recordings pursuant to the 

Casablanca JVA. 

27. Identify any statements of account Defendants received from Casablanca Trax Inc., 

pursuant to the Casablanca JVA. 

28. Identify all Agreements that govern the exploitation of Musical Compositions 

through streaming services, including, without limitation, any and all agreements between 

Defendants and/or Apple Music, Spotify, Pandora, Tidal, Indagio, LiveXLive, Primephonic, 

SiriusXM, and Amazon Music. 

29. Identify documents sufficient to establish all royalties or other revenues Defendants 

collected by any Defendant derived from any sources derived from the exploitation of Musical 

Compositions.

30. Identify documents sufficient to establish all royalties or other revenues derived 

from all sources Defendants paid to Heard generated by the exploitation of Sound Recordings.

31. Identify documents sufficient to establish all royalties or other revenues from all 

sources Defendants paid to Owens generated by the exploitation of Musical Compositions. 

32. Identify documents sufficient to establish all royalties or other revenues from all 

sources Defendants paid to Owens generated by the exploitation of Sound Recordings. 

33. Identify all documents submitted by any Defendant, or a predecessor in interest of 

any Defendant, to the office of the Registrar of Copyrights with respect to the applications for 

registration of copyrights for any Musical Compositions. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 25 of 50 PageID #:317
10

34. Identify all documents submitted by any Defendant, or a predecessor in interest of 

any Defendant, to the office of the Registrar of Copyrights with respect to the applications for 

registration of copyrights for any Sound Recordings. 

35. Identify all documents received from the office of the Registrar of Copyrights with 

respect to the application for registration of copyright for each one of Musical Compositions and 

any Sound Recordings. 

36. Identify all documents that refer or relate to Cain’s ownership interests in 

Precision/Trax, Trax Records, Ltd. and/or Trax Records, Inc., or any of their predecessor 

companies. 

37. Identify all documents that refer or relate to Cain’s ownership interest in any 

musical copyrights in and to any Musical Compositions and any Sound Recordings now owned, 

in whole or in part, or formerly owned of the Defendant companies. 

38. Describe in detail each and every obligation Defendants, collectively or 

individually, have to Plaintiffs under the Precision/Trax Documents.

39. Identify any expert that You have contacted with respect to this Action.

40. Identify all documents and/or communications that Defendants relied upon in 

drafting their respective answers to Plaintiff’s’ First Set of Interrogatories.

41. Identify each person assisting in the preparation of the responses to the Plaintiff’s 

First Request for Production of Documents.

42. Identify all documents and/or communications that Defendants relied upon in 

answering Plaintiffs’ First Set of Interrogatories.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 26 of 50 PageID #:318
11

43. Identify each person assisting in the preparation of the responses to Plaintiffs First 

Request For Admissions.

44. Identify all documents and/or communications that Defendants intend to rely upon 

at trial.

45. Identify each person and/or entity, not otherwise identified above, with whom You 

have communicated concerning the subject matter of this action.

Dated: January 29, 2021

MELONI & McCAFFREY APC

By: /s/Robert S. Meloni

 Robert S. Meloni, pro hac vice forthcoming

 Thomas P. McCaffrey, pro hac vice forthcoming

3 Columbus Circle – 15th Floor

New York, New York 10019

Tel: (212) 520-6090

LEVENFELD PEARLSTEIN, LLC

By: /s/ Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 346-8380

Attorneys for Plaintiffs Larry Heard and Robert Owens

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 27 of 50 PageID #:319
12

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was filed electronically on 

this January 29, 2021 and, as such, served on the following counsel of record via electronic service:

Richard P. Darke, Esq.

Rosanne Ciambrone, Esq.

Duane Morris LLP

190 South LaSalle Street, Suite 3700

Chicago, IL 60603-3433

Dated: January 29, 2021

s/ Robert S. Meloni

 Robert S. Meloni

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 28 of 50 PageID #:320
MELONI & MCCAFFREY, A PROFESSIONAL CORPORATION

Robert S. Meloni, Esq. (pro hac vice forthcoming)

Thomas P. McCaffrey, Esq. (pro hac vice forthcoming)

3 Columbus Circle, 15th Floor

New York, New York 10019

Tel: (212) 520-6090

Email: rmeloni@m2lawgroup.com

tmccaffrey@m2lawgroup.com

LEVENFELD PEARLSTEIN, LLC

Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 476-7547

Email: cheintskill@lplegal.com

Attorneys for Plaintiffs Larry Heard and Robert Owen

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

LARRY HEARD, professionally known as “Mr. 

Fingers” and ROBERT OWENS, 

Plaintiffs,

v.

TRAX RECORDS, INC., PRECISION/TRAX 

RECORDS, an entity of unknown legal origins, 

RACHEL SHERMAN née RACHAEL CAIN

p/k/a SCREAMIN’ RACHAEL, doing business 

as SCREAMING RACHAEL CAIN MUSIC 

and TRAX RECORDS, and JOHN DOES 1-10,

Defendants.

Civil Action No. 1:20-cv-03678 (SJC)

Honorable Sharon Johnson Coleman

PLAINTIFFS’ FIRST REQUESTS

FOR ADMISSION

PLEASE TAKE NOTICE that pursuant to Rule 36 of the Federal Rules of Civil Procedure, 

and the Local Rules of this Court, plaintiffs, Larry Heard (“Heard”) and Robert Owens (“Owens”) 

(individually “Plaintiff” and collectively “Plaintiffs”), hereby demand that defendants Trax 

Records, Inc., Precision/Trax Records, and Rachel Sherman (“Cain”), individually and d/b/a 

Screamin’ Rachael Cain Music and Trax Records, (individually, “Defendant” and collectively 

“Defendants”) respond to the following requests for admission set forth below, in accordance with 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 29 of 50 PageID #:321
2

the definitions and instructions herein, at the offices of Meloni & McCaffrey, P.C., located at 3 

Columbus Circle, 15th floor, New York, New York 10019, within thirty (30) days of service hereof.

Definitions and Instructions

1. “Action” means the above-entitled action.

2. “Complaint” means the Amended Complaint in the above-entitled action filed by 

Plaintiffs on December 8, 2020.

3. “Heard” means Larry Heard.

4. “Owens” means Robert Owens.

5. “Plaintiffs” means Heard and Owens, individually and jointly.

6. “Sherman” means Larry Sherman. 

7. “Cain” means Rachel Cain, Rachel Sherman, and/or Rachel Sherman Cain, acting 

individually and/or doing business as Trax Records and/or Screamin’ Rachel Cain Music. 

8. “Trax” means the corporation Trax Records, Inc. as well as its affiliated business 

entities, employees, agents, attorneys, consultants, advisors, managers, producers and all other 

persons acting or purporting to act on its behalf, including, without limitation, the unincorporated 

entity known as Trax Records, the unincorporated entity known as Precision/Trax Records, the 

unincorporated entity known as Screamin’ Rachel Music and/or the individual known as Cain.

9. “Precision/Trax” means the unincorporated entity known as Precision/Trax 

Records, as well as its affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on its behalf, 

including, without limitation, the corporation known as “Trax Records, Inc., the unincorporated 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 30 of 50 PageID #:322
3

entity known as Trax Records, the unincorporated entity known as Screamin’ Rachel Cain Music 

and/or the individual known as Cain.

10. “Screamin’ Rachel” means the unincorporated entity known as Screamin’ Rachel 

Music Records, as well as its affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on its behalf, 

including, without limitation, the corporation known as “Trax Records, Inc., the unincorporated 

entity known as Trax Records, the unincorporated entity known as Precision Trax Records and/or 

the individual known as Cain.

11. “Defendants” means the above identified Cain, Trax, Precision/Trax and Screamin’ 

Rachel, as well as their affiliated business entities, employees, agents, attorneys, consultants, 

advisors, managers, producers and all other persons acting or purporting to act on their behalf.

12. “Musical Compositions” means the musical compositions entitled Can You Feel 

It?, Washing Machine, Beyond The Clouds, Bring Down The Walls, Distant Planet, Never More 

Lonely and Donnie, including any derivative works based on or incorporating those musical 

compositions. 

13. “Sound Recordings” means the sound recordings entitled Can You Feel It?, 

Washing Machine, Beyond The Clouds, Bring Down The Walls, Distant Planet, Never More 

Lonely and Donnie, including any derivative works based on or incorporating those sound 

recordings.

14. “Precision/Trax Documents” mean the three documents identified in paragraphs 70 

through 72 of the Amended Complaint each entitled “Assignment of Copyright (Musical 

Composition)” that reference one or more of the Musical Compositions. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 31 of 50 PageID #:323
4

15. “Person(s)” includes an individual, a corporation, a partnership or joint venture or 

other entity.

16. “Communication” means the transmittal of information in the form of facts, ideas, 

inquiries or otherwise.

17. The term “including” shall mean including but not limited to.

18. The terms “concerning,” “relating to,” and “referring to” shall be construed to mean 

discussing, describing, pertaining to, referring to, containing, analyzing, evaluating, studying, 

recording, memorializing, reporting on, commenting on, reviewed in conjunction with, 

evidencing, setting forth, considering, recommending, or constituting, in whole or in part.

19. “All” and “each” shall be construed as all and each.

20. The connectives “and” and “or” shall be construed either disjunctively or 

conjunctively as necessary to bring within the scope of the discovery request all responses that 

might otherwise be construed to be outside of its scope.

21. The use of the singular form of any word includes the plural and vice versa.

22. Unless otherwise specifically addressed in an interrogatory, the governing timeframe for these interrogatories is January 1, 1985 thought the present. 

REQUESTS FOR ADMISSION

1. Admit that Exhibit A attached hereto is a true and correct copy of the undated 

agreement between Heard and Precision/Trax relating to the Musical Compositions Can You Feel 

It, Washing Machine and Beyond the Clouds.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 32 of 50 PageID #:324
5

2. Admit that Exhibit B attached hereto is a true and correct copy of all of the 

agreement between Heard and Precision/Trax dated December 30, 1986 which was purportedly 

signed by Larry Sherman on behalf of Precision/Trax, relating to the Musical Compositions Can 

You Feel It, Washing Machine and Beyond the Clouds.

3. Admit that Exhibit C attached hereto is a true and correct copy of all the agreement 

dated November 30, 1986, purportedly signed on December 30, 1986 by Larry Sherman on behalf 

of Precision/Trax, relating to the Musical Composition Bring Down the Walls.

4. Admit that the document attached as Exhibit A does not contain any grant of 

copyright ownership nor any assignment or transfer of any copyright ownership interests in any of 

the Sound Recordings.

5. Admit that the document attached as Exhibit B does not contain any grant of 

copyright ownership nor any assignment or transfer of any copyright ownership interests in any of 

the Sound Recordings.

6. Admit that the document attached as Exhibit C does not contain any grant of 

copyright ownership nor any assignment or transfer of any copyright ownership interests in the 

any of the Sound Recordings.

7. Admit that the document attached as Exhibit A does not contain any grant of rights 

to sell, license, distribute or otherwise exploit any of the Sound Recordings.

8. Admit that the document attached as Exhibit B does not contain any grant of rights 

to sell, license, distribute or otherwise exploit any of the Sound Recordings.

9. Admit that the document attached as Exhibit C does not contain any grant of rights 

to sell, license, distribute or otherwise exploit any of the Sound Recordings.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 33 of 50 PageID #:325
6

10. Admit that the only written agreements ever signed by Larry Heard, on the one 

hand, and any one or more of the Defendants, on the other hand, relating to the Musical 

Compositions and/or Sound Recordings, are those attached hereto as Exhibit A, Exhibit B and 

Exhibit C.

11. Admit that in or about 1986 and 1987, Trax Records submitted to the U.S. 

Copyright Office combined copyright registration applications using Form SR for the “sound 

recording and music” seeking issuance of copyright registrations as copyright claimant for both 

the musical compositions and sound recordings entitled Can You Feel It, Washing Machine, 

Beyond the Clouds and Bring Down the Walls.

12. Admit that the “Form SR” applications submitted to the Copyright Office by Trax 

Recordsin or about 1986 and 1987 for copyright registrations for the musical compositions entitled 

Can You Feel It, Washing Machine, Beyond the Clouds and Bring Down the Walls also included 

a statement that, by written agreement, Trax Records was also the copyright claimant of the sound 

recordings entitled Can You Feel It, Washing Machine, Beyond the Clouds and Bring Down the 

Walls.

13. Admit that at the time such Form SR applications were filed, neither Cain, Sherman 

nor Trax Records owned any copyrights in and to the Recordings Can You Feel It, Washing 

Machine and Beyond the Clouds and Bring Down the Walls. 

14. Admit that since 1986, Defendants and/or their respective licensees, have been 

selling, licensing distributing and/or exploiting the Musical Compositions and continue to do so 

through the present time. 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 34 of 50 PageID #:326
7

15. Admit that since 1986, Defendants and/or their respective licensees, have been 

selling, licensing distributing and/or exploiting the Sound Recordings and continue to do so 

through the present time.

16. Admit that Cain owns an equal or controlling interests in Trax Records, Inc.

Dated: January 29, 2021

MELONI & McCAFFREY APC

By: /s/Robert S. Meloni

 Robert S. Meloni, pro hac vice forthcoming

 Thomas P. McCaffrey, pro hac vice forthcoming

3 Columbus Circle – 15th Floor

New York, New York 10019

Tel: (212) 520-6090

LEVENFELD PEARLSTEIN, LLC

By: /s/ Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 346-8380

Attorneys for Plaintiffs Larry Heard and Robert Owens

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 35 of 50 PageID #:327
8

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was filed electronically on 

this January 29, 2021 and, as such, served on the following counsel of record via electronic service:

Richard P. Darke, Esq.

Rosanne Ciambrone, Esq.

Duane Morris LLP

190 South LaSalle Street, Suite 3700

Chicago, IL 60603-3433

Dated: January 29, 2021

s/ Robert S. Meloni

 Robert S. Meloni

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 36 of 50 PageID #:328
EXHIBIT A 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 37 of 50 PageID #:329
Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 38 of 50 PageID #:330
EXHIBIT B 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 39 of 50 PageID #:331
Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 40 of 50 PageID #:332
EXHIBIT C 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 41 of 50 PageID #:333
Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 42 of 50 PageID #:334
MELONI & MCCAFFREY APC

Robert S. Meloni, Esq. (pro hac vice forthcoming)

Thomas P. McCaffrey, Esq. (pro hac vice forthcoming)

3 Columbus Circle, 15th Floor

New York, New York 10019

Tel: (212) 520-6090

Email: rmeloni@m2lawgroup.com

tmccaffrey@m2lawgroup.com

LEVENFELD PEARLSTEIN, LLC

Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 476-7547

Email: cheintskill@lplegal.com

Attorneys for Plaintiffs Larry Heard and Robert Owen

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

LARRY HEARD, professionally known as “Mr. 

Fingers” and ROBERT OWENS, 

Plaintiffs,

v.

TRAX RECORDS, INC., PRECISION/TRAX 

RECORDS, an entity of unknown legal origins, 

RACHEL SHERMAN née RACHAEL CAIN

p/k/a SCREAMIN’ RACHAEL, doing business 

as SCREAMING RACHAEL CAIN MUSIC 

and TRAX RECORDS, and JOHN DOES 1-10,

Defendants.

Civil Action No. 1:20-cv-03678 (SJC)

Honorable Sharon Johnson Coleman

PLAINTIFFS’ RULE 26(a) 

DISCLOSURE STATEMENT

Pursuant to Rules 26(a) and (f) of the Federal Rules of Civil Procedure, plaintiffs, Larry 

Heard (“Heard”) and Robert Owens (“Owens”) (individually “Plaintiff” and collectively 

“Plaintiffs”), make the following initial disclosures. These disclosures are made subject to and 

without waiver of any claims of privilege, work-product, confidential and proprietary information 

and/or any other basis for nondisclosure. Plaintiffs expressly reserve their rights to supplement, 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 43 of 50 PageID #:335
2

amend and modify these disclosures based upon information obtained through discovery during 

the course of litigation.

A. Witnesses

Plaintiffs believe the following individuals are likely to have discoverable information that 

Plaintiffs may use to prosecute their claims, excluding witnesses that may be used solely for 

impeachment purposes:

1. Larry Heard

c/o Robert S. Meloni, Esq.

Meloni & McCaffrey, APC

3 Columbus Circle, 15th Floor

New York, New York 10019

212-520-6090

Subject of information: Mr. Heard is likely to have information concerning the facts 

alleged in the pleadings, including, without limitation, disputes between the parties, the agreements 

entered into by the parties, the creation of and the parties’ respective ownership interests the 

musical copyrights at issue in the Complaint and the exploitation of the intellectual property.

2. Robert Owens

c/o Robert S. Meloni, Esq.

Meloni & McCaffrey, APC

3 Columbus Circle, 15th Floor

New York, New York 10019

212-520-6090

Subject of information: Mr. Owens is likely to have information concerning the facts 

alleged in the pleadings, including, without limitation, disputes between the parties, the agreements

entered into by the parties, the creation of and the parties’ respective ownership interests in the 

musical copyrights at issue in the Complaint and the exploitation of the intellectual property.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 44 of 50 PageID #:336
3

3. Rachel Sherman Cain

c/o Richard P. Darke, Esq.

Duane Morris LLP

190 South LaSalle Street, Suite 3700

Chicago, IL 60603-3433

Subject of information: Ms. Cain is likely to have information concerning the facts 

alleged in the pleadings, including, without limitation, disputes between the parties, the agreements

entered into by the parties, the creation of and the parties’ respective ownership interests in the 

musical copyrights at issue in the Complaint and the exploitation of the intellectual property.

4. Rene Gelston

c/o Robert S. Meloni, Esq.

Meloni & McCaffrey, APC

3 Columbus Circle, 15th Floor

New York, New York 10019

212-520-6090

Subject of information: Mr. Gelston is likely to have information concerning the facts 

alleged in the pleadings, including, without limitation, disputes between the parties, the Plaintiffs’

ownership interests in the musical copyrights at issue in the Complaint, and the exploitation of 

those musical copyrights.

5. John Truelove

c/o Robert S. Meloni, Esq.

Meloni & McCaffrey, APC

3 Columbus Circle, 15th Floor

New York, New York 10019

212-520-6090

Subject of information: Mr. Truelove is likely to have information concerning the facts 

alleged in the pleadings, including, without limitation, disputes between the parties, the Plaintiffs’ 

ownership interests in the musical copyrights at issue in the Complaint, and the exploitation of 

those musical copyrights.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 45 of 50 PageID #:337
4

6. Greg Roselli

Rights Incorporated

16 Cranfield House

97 Southampton Row

London WC1B 4HH

Subject of information: Mr. Roselli is likely to have information concerning the facts 

alleged in the pleadings, including, without limitation, disputes between the parties, the agreements 

entered into by the parties, the creation of and the parties’ respective ownership interests in the 

musical copyrights at issue in the Complaint and the exploitation of the intellectual property.

7. Demon Music Group

BBC Studios Ltd.

Television Centre

101 Wood Lane

London W12 7FA

Subject of information: Damon Music Group is likely to have information concerning 

the agreements entered into by Demon Music Group and Casablanca Records relating to the 

exploitation of the musical compositions and sound recordings at issue in this lawsuit.

8. Casablanca Records

c/o Universal Music Group / Republic Records

1755 Broadway

New York, New York 10019

Subject of information: Casablanca Records is likely to have information concerning 

the agreements entered into by Demon Music Group and Casablanca Records relating to the 

exploitation of the musical compositions and sound recordings at issue in this lawsuit.

9. Patrick Moxey

Ultra Music

235 West 23rd Street, #6

New York, NY 10011

Subject of information: Ultra Music is likely to have information concerning the 

agreements entered into by Rachael Cain/Screaming Rachel Music and Ultra Music relating to the 

ownership exploitation of the musical compositions at issue in this lawsuit.

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 46 of 50 PageID #:338
5

10. Widow of Larry Sherman

Estate of Larry Sherman

Address unknown

Subject of information: The widow of Larry Sherman is likely to have information 

concerning any agreements between Larry Sherman and Rachel Cain relating to the sale of all or 

part of the assets of Trax Records, Inc., including without limitation, the musical compositions 

and sound recordings at issue in this lawsuit.

Plaintiffs’ investigation of the facts of this case is ongoing. Accordingly, Plaintiffs reserve 

the right to supplement or amend this response when and as appropriate. Plaintiffs also reserve 

the right to call all witnesses identified in Defendants’ Initial Disclosures in this action. 

B. Documents & Tangible Things: 

The categories of documents listed below, which support the material allegations of 

Plaintiff’s claims are within Plaintiff’s possession, custody, or control, upon which the Plaintiffs

may rely, except for those documents and tangible things to be used solely for impeachment:

1. The pleadings and exhibits; 

2. Written responses to discovery requests in this action;

3. Communications between Plaintiffs and Defendants and their representatives;

4. Communications between Defendants and non-parties regarding the subject matter of 

this action; 

5. Communications between Plaintiffs and non-parties regarding the subject matter of this 

action; 

6. All documents identified in the parties respective Initial Disclosures and/or produced 

during discovery by the parties or any nonparty.

7. The agreements between Heard and Defendants dated November and December 1985;

8. All sound recordings and musical compositions created by Plaintiffs, or either of them,

from 1985 through the present.

9. Copyright applications and registrations for the musical compositions and sound 

recordings at issue in this litigation; 

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 47 of 50 PageID #:339
6

10. Documents evidencing royalty, licensing or other income received by or credited to

Defendants and/or their licensees and/or distributors, from the exploitation of the 

musical compositions and sound recordings at issue in this lawsuit, including without 

limitation, Demon Music Group, Casablanca Records, various Performing Rights 

Organizations including, without limitation, ASCAP, BMI, SESAC, Global Music 

Rights, SOCAN, PRS for Music Limited, GEMA, various on-demand music streaming 

services including, without limitation, Spotify, Apple Music, Tidal, Amazon Music, 

YouTube Music and Pandora Premium.

Plaintiffs’ investigation of the facts of this case is ongoing. Accordingly, Plaintiffs reserve 

the right to supplement or amend this response when and as appropriate. Plaintiffs also reserves 

the right to use all documents identified in Defendants’ Initial Disclosures and/or produced during 

discovery by Defendants and/or any third party, in this action.

C. Damages 

Plaintiffs anticipate that the quantification of damages will require discovery from 

Defendants and non-parties as well as expert analysis. The damages sought in the claims consist 

of actual damages including, without limitation, contract damages resulting from non-payment of 

royalties pursuant to any valid and enforceable agreements between Plaintiff(s) and Defendant(s); 

profits realized by Defendants resulting from Defendants’ wrongful exploitation, licensing and/or 

distribution of the musical compositions and sound recordings at issue in this action pursuant to

17 U.S.C. §504(b) or, in the alternative, statutory damages pursuant to 17 U.S.C. § 504(c) in the 

maximum amount allowed by law; and Plaintiffs’ costs including reasonable attorney’s fees 

pursuant to 17 U.S.C. §505. Plaintiffs will also seek to recover their attorney’s fees expended in 

defending any counterclaims asserted by Defendants, if any. Plaintiffs’ investigation of the facts 

of this case is ongoing. Accordingly, Plaintiffs reserve the right to supplement or amend this 

response when and as appropriate

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 48 of 50 PageID #:340
7

D. Insurance

Not applicable. 

Plaintiffs will supplement these disclosures if they discover new relevant information.

Dated: January 29, 2021

MELONI & McCAFFREY APC

By: /s/Robert S. Meloni

 Robert S. Meloni, pro hac vice forthcoming

 Thomas P. McCaffrey, pro hac vice forthcoming

3 Columbus Circle – 15th Floor

New York, New York 10019

Tel: (212) 520-6090

LEVENFELD PEARLSTEIN, LLC

By: /s/ Christopher M Heintskill (ARDC No. 6272391)

2 North LaSalle, 13th Floor

Chicago, IL 60602

Tel: (312) 346-8380

Attorneys for Plaintiffs Larry Heard and Robert Owens

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 49 of 50 PageID #:341
8

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was filed electronically on 

this January 29, 2021 and, as such, served on the following counsel of record via electronic service:

Richard P. Darke, Esq.

Rosanne Ciambrone, Esq.

Duane Morris LLP

190 South LaSalle Street, Suite 3700

Chicago, IL 60603-3433

Dated: January 29, 2021

s/ Robert S. Meloni

 Robert S. Meloni

Case: 1:20-cv-03678 Document #: 50-1 Filed: 08/20/21 Page 50 of 50 PageID #:342