IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

LARRY HEARD, professionally known as 

“Mr. Fingers” and ROBERT OWEN,

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 No. 1:20-cv-03678 (SJC)(SRH)

Honorable Sharon Johnson Coleman

(Honorable Magistrate Sunil R. Harjani)

PLAINTIFFS’ CERTIFICATE OF 

COMPLIANCE

Plaintiffs, by and through their undersigned attorneys, respectfully submit the following 

relating to their compliance with certain discovery obligations.

1. On September 8, 2021 (Dkt. No. 59), the Court entered an order concerning the parties’ 

respective motions to compel the production of documents. In that order, the court noted as 

fo9llows: “In addition, if a party claims to have produced all documents in their possession, 

custody or control in response to a document request, it shall file a certificate of compliance 

pursuant to FRCP 11 by 9/17/21.” (Dkt. #59.)

2. Defendants cited the two categories of documents from their Requests for 

Production of Documents (an “RFP”) in their motion to compel. The first is a follows:

RFP No. 1. All communications between Plaintiffs and Larry Sherman, Trax Records 

and/or Rachael Cain regarding the Precision/Trax Documents.

3. Plaintiffs hereby certify that they have produced all non-privileged

communications that are responsive to RFP No. 1. Plaintiffs initially searched their records in 

Case: 1:20-cv-03678 Document #: 61 Filed: 09/20/21 Page 1 of 3 PageID #:535
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June 2021 when the RFPs were served. All responsive communications located were included in 

their initial document production on July 12, 2021 (Heard-Owens Bates Nos. 000138-000161). 

Plaintiffs conducted a second search in mid-September 2021. Plaintiffs’ counsel contacted Rene 

Gelston, who has acted as manager of Plaintiff Larry Heard for many years, and requested he 

perform a search of his files. Mr. Gelston located responsive communications, which I then 

produced to Defendants’ counsel on September 1, 2021 (Bates Nos. Heard-Owens [Bates 100230-

000267]. Plaintiffs have not found any responsive “communications” beyond those already 

produced on July 12, 2021 and September 1, 2021.

4. The second RFP was as follows:

RFP No. 8. 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 and Sound Recordings.

5. Plaintiffs hereby certify that they have produced all non-privileged

communications in their possession, custody or control that are responsive to RFP No. 8. 

Plaintiffs do not have copies of any agreements with Performance Rights Organizations.

Dated September 20, 2021

Respectfully submitted,

By: /s/Robert S. Meloni

Robert S. Meloni, pro hac vice

3 Columbus Circle – 15th Floor 

New York, New York 10019 

-andLEVENFELD PEARLSTEIN, LLC

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

2 North LaSalle, 13th Floor 

Chicago, IL 60602 

Attorneys for Plaintiffs Larry Heard and Robert Owens 

Case: 1:20-cv-03678 Document #: 61 Filed: 09/20/21 Page 2 of 3 PageID #:536
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CERTIFICATE OF SERVICE

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

this September 20, 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: September 20, 2021September 20, 2021

s/ Robert S. Meloni

 Robert S. Meloni

Case: 1:20-cv-03678 Document #: 61 Filed: 09/20/21 Page 3 of 3 PageID #:537