With that contention, Miami Beach-based Reality Kings' parent RK Netmedia is trying to convince a judge to transfer the case from a federal court in Los Angeles to one in Miami.
Reality Kings is pursuing a venue transfer because it claims all of the third-party witnesses in the case — the owner and contractors of LLL Advertising — live in Florida.
The third-party witnesses, Reality Kings attorneys contend, would provide critical testimony because they organized and executed the shoots, or even spun music as deejays.
The record companies claim 286 songs were used in three Reality Kings websites: In the VIP, VIP Crew and Papi.
Reality Kings, in a motion for venue transfer, cites declarations by Mike Imber, LLL Advertising's owner and CEO, that porn shoots took place in Miami and Fort Lauderdale nightclubs and private residences and that "the videos captured music being played in the background."
Imber also said that the music was never dubbed in, enhanced or edited over live action.
"The deejays are therefore crucial witnesses who can testify about how they chose certain music (and how neither defendant nor LLL Advertising requested specific songs) and how the shoots occurred," Reality Kings attorneys said.
Reality Kings also is pushing for the change in venue because it filed suit against its insurer, which denied its coverage over the record companies' litigation against the adult company because of an "intentional act" exclusion of the policy.
Reality Kings counsel say that the facts of both cases are the same factual nucleus and that there would be duplicative arguments over the issue of willfulness and intentional.
Another contention for a venue change is that a move to South Florida would be judicially prudent because courts in Miami are less congestive and that jurors could be ordered to sit through and view the 193 films at dispute in the case.
A hearing over the venue transfer is slated for Dec. 6 in front of U.S. District Judge Consuelo Marshall.
Reality Kings attorney Bruce Van Dalsem did not immediately return XBIZ calls to comment.
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