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Judge Simandle

Judge Simandle
stirring parlor
  09/30/14
"I Don't Write Song"..........Bob Dylan
stirring parlor
  09/30/14


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Date: September 30th, 2014 9:33 AM
Author: stirring parlor
Subject: Judge Simandle

This lawsuit James Damiano vs. Bob Dylan for copyright infringement Civil # 95-4795 (JBS) was dismissed without prejudice by The Honorable Judge Jerome B. Simandle (Federal Court Camden, District of New Jersey). Since the dismissal Plaintiff has re-registered his version of the infringed song "Dignity" of which Plaintiff contends was legally unnecessary however chose to do so to satisfy the courts unnecessary requirement.

All documents and statements contained in this document have been produced to defendants in the previous lawsuit.

FRAUD UPON THE COURT

It is well grounded fact of law and judicially uncontested that James Damiano remains to poses legal authority over the Court and defendant Bob Dylan as per the case law cited herein. Therefore exhibiting the legal fact that Bob Dylan is in default to James Damiano.

A. Summary Judgment Standard

A court may grant summary judgment only when the materials of record "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c).

Judicially impropriety test

"The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired."

FRAUD UPON THE COURT

Judge Simandle disregarded:

Thirty Five hours of video taped depositions which implicate Dylan.

An "eleven year" affiliation between James Damiano and Bob Dylan and CBS Records as per deposition materials

Blatant admissions of guilt by Dylan's witness's.

Expert testimony from a Harvard Graduated musicologist.

Eleven years of documents between CBS Records, Dylan's entourage and James Damiano

Blatant admissions of guilt by Bob Dylan himself.

Bob Dylan Admits Plagiarizing His Greatest Hits L.A Times

“Well you have to understand that I’m not a melodist. My songs are either based on old Protestant hymns or Carter Family songs. What happens is, I’ll take a song and simply start playing it in my head. That’s the way I meditate". “I wrote ‘Blowin’ in the Wind’ in 10 minutes, just put words to an old spiritual, probably something I learned from Carter Family records. That’s the folk music tradition – you use what has been handed down. ‘The Times They Are A-Changing’ is probably from an old Scottish folk Song.”...."I'll be playing Bob Nolan's 'Tumbling Tumbleweeds,' for instance, in my head constantly -- while I'm driving a car or talking to a person or sitting around or whatever. People will think they are talking to me and I'm talking back, but I'm not. I'm listening to the song in my head. At a certain point, some of the words will change and I'll start writing a song.".......Bob Dylan

Motion For Default with Bob Dylan Admissions. All material facts cited in motion are judicially uncontested by defendants

Reinterated:

A. Summary Judgment Standard

A court may grant summary judgment only when the materials of record "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c).

A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."

"Fraud upon the court" makes void the orders and judgments of that court.

It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).

Under Illinois and Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect.

Federal law requires the automatic disqualification of a Federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) "is directed against the appearance of partiality, whether or not the judge is actually biased.") ("Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.").

That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice."

The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.

"Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989).

Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that "We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed." Balistrieri, at 1202.

Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an "appearance of partiality" and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.

Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.").

Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce". The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However some judges may not follow the law.

If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has disqualified him/herself.

However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances.

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts.

It is Judicially and publically uncontested by Bob Dylan that Bob Dylan and people in Bob Dylan's entourage have solicited songs, lyrics and music written by James Damiano for a period of over ten years and eleven months.

In the United States, the term "recusal" is used most often with respect to court proceedings. Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge," provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."

Motion for Request for admissions:

Plaintiff stipulates that the facts expressed within this motion will be conclusively deemed as truth within 30 days of August 3, 2000, should they be left disproved by anyone. At such time said admissions and facts expressed within this motion will be deemed as truth, entered upon the record of this court and docketed with the clerk.

The fact issues expressed within this motion concerning Defendants eleven year association with Plaintiff and all fact issues expressed within this motion concerning Defendants solicitation of Plaintiff James Damiano's songs, will be deemed admitted after thirty days unless defendants deny the forgoing with specificity. pursuant to FRDCP rule 36.

1. OPINION OVER FACT

a. In all major decisions in this litigation, this court continuously chose as truth the opinion of Defendant's counsel as opposed to Plaintiff's true material facts.

This motion is based on part, in light of that all decisions made by this court in favor of the Defendants, were based on opinion only and that these opinions were held as truth over Plaintiff's true material facts which conclusively reveal the opposite of these findings.

Plaintiff's material facts substantiate the error within this injustice. Although said facts are massive, almost to many to cite Plaintiff will notify this court that there are indeed many other facts than what are presented here, which were produced to defendants during discovery, but for fear of submitting an oversized brief Plaintiff did not submit them. Plaintiff hereby reserves the right to enter upon the record other findings of fact not cited in this motion. Should this court provide an extension of time to allow Plaintiff to construct a more extensive brief Plaintiff is willing to comply.

Said decisions in 1a. were detrimental to the outcome of this law suit by which the evidence provided herein, acknowledged and upon consideration of this court, conclusively constitute reversible error, and judicially defeat summary judgment in favor of the defendants

With the recent development of the internet new finding of facts have surfaced regarding the truthfulness of defendants testimony and defense in this action.

Exhibit A

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JAMES DAMIANO, Plaintiff C 95-4795 (JBS)

against

SONY MUSIC ENTERTAINMENT INC

and BOB DYLAN Defendants

DEFAULT MOTION AGAINST BOB DYLAN AND SONY MUSIC ENTERTAINMENT,

After fourteen years of litigation, ten thousand pages written, fifty hours of video taped deposition which are incriminating to Bob Dylan and after at least ten million dollars have been spent on this litigation, Bob Dylan still to this date has not filed a counter or slander suit against James Damiano James Damiano pursuant to 28 U.S.C. Sec. 1746, declares under penalty of perjury that:

Plaintiff's website containing the material facts cited in this document was posted on the world wide internet for five years and five months and defendants still to this date, November 2001 have not contested the issues of fact or the issues of solicitation by defendants of plaintiffs songs cited herein. Defendants did however filed a motion for contempt against plaintiff for violating Judge Joel B. Rosen's order designating all discovery as confidential, including expert testimony, and deposition transcripts. When the court reads the abundance of incriminating evidence against the defendants It will know why

Bob Dylan did not want the public to read what has been testified to by not only Plaintiff's witness's but by Bob Dylan's own witness's as well.

This court should know that Plaintiff has been counseled by many attorney's and some Judges who believe that the outcome of this lawsuit so far is unjust and as a matter of law and at the very least these unresolved issues could have only been decided by a jury.

DECLARATION OF JAMES DAMIANO #2.

James Damiano pursuant to U.S.C. Section 1746, declares under penalty of perjury that:

No unbiased facts, no unbiased evidence or no unbiased testimony exists to support Judge Jerome B. Simandle of the United States federal court, District of New Jersey's decision to dismiss Plaintiff James Domino’s lawsuit against Bob Dylan for copyright infringement case no 95- 4795 (JBS).

EXECUTED ON THIS _______ DAY OF ____________________YEAR OF 2001 IN ___________________________________________________________

James Damiano ____________________________________

CERTIFICATION OF JAMES DAMIANO

SEPT 29 2000

Dated September 29, 2000

This motion conclusively refutes the courts decision to enter summary judgment in favor of the defendants.

This motion also conclusively refutes the foundation of defendant’s bias, fabricated, primary defense that Plaintiff was delusional and documents to the record that Defendants have intentionally made false statements to this court.

There are issues of facts left unresolved after the courts dismissal.

The decision of Judge Simandle to dismiss this lawsuit is subjective.

The primary Defendant in this litigation ( Bob Dylan ) has never been deposed

The primary Defendant in this litigation ( Bob Dylan ) never submitted an affidavit of denial or an affidavit addressing the unresolved issues cited herein.

Motion for Request for admissions:

Plaintiff stipulates that the facts expressed within this motion will be conclusively deemed as truth within 30 days of August 3, 2000, should they be left disproved by anyone. At such time said admissions and facts expressed within this motion will be deemed as truth, entered upon the record of this court and docketed with the clerk.

The fact issues expressed within this motion concerning Defendants eleven year association with Plaintiff and all fact issues expressed within this motion concerning Defendants solicitation of Plaintiff James Damiano's songs, will be deemed admitted after thirty days unless defendants deny the forgoing with specificity. pursuant to FRDCP rule 36.

1. OPINION OVER FACT

a. In all major decisions in this litigation, this court continuously chose as truth the opinion of Defendant's counsel as opposed to Plaintiff's true material facts.

This motion is based on part, in light of that all decisions made by this court in favor of the Defendants, were based on opinion only and that these opinions were held as truth over Plaintiff's true material facts which conclusively reveal the opposite of these findings.

Plaintiff's material facts substantiate the error within this injustice. Although said facts are massive, almost to many to cite Plaintiff will notify this court that there are indeed many other facts than what are presented here, which were produced to defendants during discovery, but for fear of submitting an oversized brief Plaintiff did not submit them. Plaintiff hereby reserves the right to enter upon the record other findings of fact not cited in this motion. Should this court provide an extension of time to allow Plaintiff to construct a more extensive brief Plaintiff is willing to comply.

Said decisions in 1a. were detrimental to the outcome of this law suit by which the evidence provided herein, acknowledged and upon consideration of this court, conclusively constitute reversible error, and judicially defeat summary judgment in favor of the defendants

With the recent development of the internet new finding of facts have surfaced regarding the truthfulness of defendants defense in this action.

DEFENDANTS TRY TO MAINTAIN TO THE COURT THAT THE PEOPLE AT CBS RECORDS / SONY MUSIC WHO WERE IN POSSESSION OF JAMES DAMIANO'S SONGS, WERE NOT IN ANY POSITION TO ADVANCE PLAINTIFFS CAREER AS A SONGWRITER IN THE MUSIC INDUSTRY.

James Damiano pursuant to 28 U.S.C. Sec. 1746, declares under penalty of perjury that:

1979

Years ago I read an unauthorized biography about Bob Dylan, in which the author made reference to a man who at one time was considered to be the president of CBS Records. His name was John Hammond, Sr.

Mr. Hammond was family to the Vanderbilts, Attended Yale law school, the most sought after record producer in the United States, and had signed Pete Seeger to Columbia Records 1960.

In fact John Hammond Sr. was and probably will always be considered the most influential music executive in the world by music industry professionals.

After years of working in the music industry, Mr. Hammond established himself as a legend and accomplished a reputation as having the best ears in the business by signing a fascinating number of legendary artists to the record world.

Artists like Billy Holiday, Count Basie, Charlie Christian, Duke Ellington, Aretha Franklin, George Benson, Bob Dylan, Bruce Springsteen along with many other artists including Stevie Ray Vaughan were John Hammond affiliates.

An article downloaded from the internet is displayed below about Mr. Hammond.

http://www.bluespower.com/a-mb.htm

Major talent scout, John Hammond Sir brought Stevie Ray Vaughan, Bob Dylan, Aretha Franklin, Leonard Cohen and Bruce Springsteen to Columbia Records. Hammond also worked as a producer with such early greats as Bessie Smith, Billie Holiday, Benny Goodman and Count Basie

Info@VanguardRecords.com,info@veerecords.com,webmaster@vprecords.com.

Inspired by the book I read, I decided to take a long shot and called CBS Records on the phone. The operator answered and I asked to be put through to John Hammond's office. The receptionist rang his office and Mikie Harris answered the phone.

Mikie Harris

I told Mikie that I was a lyricist and asked her if she had a few seconds to listen to one lyric. She replied yes by saying "Shoot." I then recited a lyric to her that I had recently written and said "the lyric is: Just think how beautiful you'd feel if you knew your love was real." Within a few seconds I could tell Mikie liked the lyric.

I in turn did not want to push to hard on the first phone call fearing that I might put her behind schedule, so I tried to inch my way out of the conversation politely while trying not to show my emotions but before the conversation ended between Mikie and me, she made it explicit that she wanted me to call again. She repeatedly told me to feel free to call her there at the office. So began a relationship where we would converse through actual meetings or correspond over the phone, that lasted close to seven and a half years.

Mikie told me that her name would be appearing in the credits on Stevie Ray Vaughan's album that was released in 1983. When the album was released it listed John Hammond Sr. As Executive producer and Mikie Harris as Production Assistant.

Stevie Ray Vaughan later recorded on Bob Dylan's "Under the Red Sky" album, released in 1990.

The article below appeared on the internet:

Plaintiff produces to this court the following article ( review ) to the court Please note that Stevie Ray Vaughan played on Bob Dylan's album "Under the Red Sky." In fact, numerous musicians that played on the "Bob Dylan Unplugged" album also shared similar credits on Stevie Ray Vaughan albums. Mikie Harris is given production credits as Assistant to Producer John Hammond. Exhibit 1

Stevie Ray Vaughan & Double Trouble "Soul To Soul"

ON ANY GIVEN NIGHT IN AMERICA, IT'S POSSIBLE TO ENCOUNTER A CERTAIN WANDERING BREED OF SOULS WITH A PECULIAR HUNGER: ONE THAT CAN ONLY BE SATED IN CRYPT-DARK ROADHOUSES AND INKY ANTEROOMS WHERE LIKE-MINDED SOULS CAN BE FOUND VAMPING ON THE BLUES. And so it was that after midnight on the evening of June 24, 1985, guitarist Eric Clapton - then in the midst of a tour in support of his Behind The Sun LP - assembled a skeleton crew of superb players at Manhattan's Top Cat rehearsal studios to work another graveyard shift. Guitarist Danny Kortchmar, keyboard man Paul Shaffer, and drummer Steve Jordan had been jamming fiercely with the lord of hotwire British blues when, at 3 a.m., into their midst shyly sauntered one Stevie Ray Vaughan - there to rehearse his band Double Trouble for a show scheduled some 18 hours thence at Avery Fisher Hall. Clapton knew the timorous Texan by reputation only, but invited him to join in the proceedings. Vaughan promptly unpacked his favorite Fender, a '59 chocolate brown Start with a cracked and eroded sunburst finish, and slid his fingertips across the fat '58 Gibson jumbo bass frets, playing a few lightning runs on the heavy-gauge strings while the heel of his hand rode the tremolo bar. "Ah, so you've got your sweetheart with you," said Clapton admiringly. "Wish I had mine here too," he added, indicating the battered, anonymous studio-issue instrument he'd been tussling with.

Out of courtesy, Stevie suggested they switch for a while and Clapton accepted. Gripping the Start with a small smile, Eric reignited the enlarged jam session with a rollicking twelve-bar shuffle, and Vaughan fell in behind, pulling some ferocious eloquence from the sorry guitar. Then the two men were off and roaring - the rising hotshot from Dallas deftly holding his own beside one of the leading musical role models of his boyhood, both testifying to the dark allure and enduring universality of blues power. "Those two were screaming along together, man!" whoops Steve Jordan, who continued to rumble and roll with Vaughan and the others long after a happily drained Clapton left to catch a plane. "Naturally, Eric was brilliant, and he really got off.

But what impressed me about Stevie Ray was how intimate he was with his guitar, how phenomenally he had mastered it. The guy was scary." And getting scarier on Soul To Soul, the third album by Stevie Ray Vaughan and Double Trouble, featuring Chris "Whipper" Layton on drums, bassist Tommy Shannon, Reese Wynans on keyboards, and guest saxophonist Joe Sublett. Functioning as an intuitive unit, the band tears through blistering renditions of Hank Ballard's "Look At Little Sister," Earl King's "Come On (Part III)," and Willie Dixon's "You'll Be Mine," plus two Doyle Bramhall tunes and five tracks written by Stevie Ray himself, beginning with the sublimely surly, Hendrix-inspired "Say What!" It's the kind of latter-day blues fever that can only be bred in the bone. Released in October 1985, Soul To Soul took Vaughan's music one virtuoso step further, revealing a musician without limits.

Quite literally, Stevie Ray convinced the listener that anything a guitarist can hear in his heart, he can create, in the next instant, with his instrument. Note for note, night to night, song to song, heart to heart, soul to soul. This writer had chatted with an eager-to-record Stevie Ray several times prior to the start of the Soul To Soul sessions. When he mailed me an unmastered pre-release cassette of Soul To Soul, I was awed by his compositional growth. Within a year, Vaughan commenced his ascent to guitar superstardom. It was an often-troubled but ultimately triumphant personal and professional process capped by the finest record of his career, 1989's In Step. In October 1989, Stevie Ray and I got together at a Manhattan studio to tape a national radio special for the Westwood One Network. The guitarist talked at length, often punctuating his stories with riffs from the chocolate brown '59 Stratocaster he cradled in his lap. It was the last time we ever spoke.

Credits were given to Mikie Harris: Assistant to Executive Producer: Mikie Harris

1. Say What! - S.R. Vaughan - 2. Lookin' Out The Window - D. Bramhall - 3. Look At Little Sister - H. Ballard - 4. Ain't Gone `N' Give Up On Love - S.R. Vaughan - 5. Gone Home - E. Harris - 6. Change It - D. Bramhall - 7. You'll Be Mine - W. Dixon - 8. Empty Arms - S.R. Vaughan - 9. Come On (Part III) - E. King - 10. Life Without You - S.R. Vaughan - 11. SRV Speaks 12. Little Wing/Third Stone From The Sun - J. Hendrix - 13. Slip Slidin' Slim - S.R. Vaughan - Stevie Ray Vaughan: guitar/vocals Chris "Whipper" Layton: drums Tommy Shannon: bass Reese Wynans: keyboards Joe Sublett: saxophone Produced by Stevie Ray Vaughan/Double Trouble and Richard Mullen Executive Producer: John Hammond Assistant to Executive Producer: Mikie Harris Engineer: Richard Mullen Assistant Engineer: Ron Cote Mixed by Richard Mullen Recorded at Dallas Sound Labs, Dallas, Texas and Riverside Sound, Austin, Texas This album is dedicated to the memory of Charlie Wirz

The article below appeared on the internet:

Exhibit 2 (Taken off the internet) Brian Slawson

While playing marimba on the streets of New York City to finance his studies at Juilliard, Brian Slawson was discovered by Mikie Harris, assistant to Columbia Records talent scout John Hammond. Bach On Wood, Slawson's debut album on CBS/Sony, earned a Grammy nomination. Slawson has since released Bach Beat and Distant Drums, which features cameos by blues great Stevie Ray Vaughan, jazz trumpeter Freddie Hubbard and drummer Michael Shrieve. Slawson has performed with Leonard Bernstein, John Cage, Aaron Copland, Isaac Stern and Jessye Norman. His pop credits as drummer and percussionist include Pat Benetar, Peggy Lee, Johnny Mathis, Marie Osmond, The Mamas and Papas, and Ben Vereen. Slawson is Principal Timpanist with the Orlando and Brevard Symphony Orchestras, and Resident Percussion Instructor at the Academy of the Performing Arts.

1982

I (James Damiano) registered my first copyright with the Library of Congress in Washington DC. In 1982. The library registration number is PAU 409-107, Titled Collective songs by James Damiano. The computer print out of the registration describes the registration as lyric sheets and one Cassette tape. This tape included Dylan's 1994 hit song "Dignity" { Lyrical hook and melody line } In 1994 Bob Dylan released a song titled "Dignity" who he claims to have independently written. Dylan's copyright produced in this litigation by his attorney’s states that Dylan's first registration made to the Library of Congress was December 5th, 1991. Dignity was nominated for a Grammy by the National Academy of Popular.

Exhibit 3

Below is an article which expresses the monetary value of being awarded a Grammy and or being nominated for a Grammy.

Grammies Boost Record Sales

by Jeffrey Jolson-Colburn

Mar 4, 1998, 6:15 PM PT

It's called the Grammy bump, and it goes something like this: See an act win a Grammy (or sing a song on the Grammy telecast), then go out and buy the album.

With 25 million viewers watching the show this year, that's a lot of potential record buyers.

True to form, the Titanic soundtrack was buoyed by Celine Dion's belting out "My Heart Will Go On" on the 40th Grammy Awards last Wednesday and berthed in the No. 1 slot for the eighth consecutive week. The collection of mostly orchestral tracks sold 505,000 units for the week ended March 1.

The Grammy cast also propelled the compilation album 1998 Grammy Nominees into the No. 11 spot with sales of 72,000 units, almost double the previous week's 37,000. The album features winning songs from the likes of Shawn Colvin, R. Kelly, Paula Cole, Fiona Apple and Erykah Badu.

Deservedly, the album getting the biggest boost was Bob Dylan's multiaward-winning Time Out of Mind, which jumped a whopping 95 places up to No. 27.

The sales on Titanic were off a bit from the soundtrack phenomenon's previous week's total of 563,000. Dion's Grammy crooning also helped her own album Let's Talk About Love hold the No. 2 spot. Both albums feature the song, which like the movie, has struck an emotional chord with fans.

Holding the No. 3 slot is rapper Silkk the Shocker, with a smooth 141,000 units of Charge It 2 Da Game, off from last week's debut of 248,000. Pop-rockers Savage Garden sowed a crop of 101,000 new fans in fourth place, while the goofy soundtrack to the Wedding Singer married 97,000 albums and fans to land at No. 5.

The Backstreet Boys sold a manly 91,000 copies of their self-titled debut to chart at No. 6, and Usher did it his way in seventh, selling 90,000 units of My Way.

K-Ci & JoJo have Love Always for another 88,000 people who bought their debut disc. The rookie rappers rose from eleventh to eighth.

Rock rounding out the last two spots in the Top 10. Matchbox 20--shut out of the Grammys--sold 79,000 copies of their debut Yourself of Someone Like You and Pearl Jam's Yield brought up the rear with sales of 73,000.

Since the beginning of my involvement with Mikie Harris, I had been sending her tapes that I recorded at home on my cassette deck. After of about a year and a half of talking on the phone, sending lyric sheets of my songs to Mikie as well as bringing cassettes with my music up to her at CBS Records, Mikie asked me if I would like to audition for Mr. Hammond.

None of my songs at that time had been recorded in a professional recording studio.

I accepted the invitation to audition for Mr. Hammond and Mikie told me that she would call me back in a week to set up the time and place.

A week later Mikie called and told me that she had set up the audition for three months from that date. The audition would be at Mr. Hammond's office in the Media Sound Building in New York on West 57th Street at Eleven O'clock in the Morning. I started practicing fifteen hours a day seven days a week. The three months seemed like forever.

The morning of the audition Mikie called me and told me that she would have to cancel the audition. I told her that I couldn't believe what she was telling me. She knew I quit my job three months prior, to practice for the audition. Finally after while she told me that she wanted to keep it out of the news and that Mr. Hammond was in the hospital. She then assured me that once Mr. Hammond was out of the hospital she would reschedule the audition.

A few months later Mikie called and rescheduled the audition for a few months from that date. I was excited and called a person who I was working with at the time named Allen LeWinter.

Allen worked with Don Kirshner and was associated with the band Kansas. Allen and his wife were living in a beautiful high rise condo on the East side. I loved going up there. They had a spectacular view from their balcony, and gold Kansas albums hanging on the wall.

Allen told me that his wife wrote scripts for soap operas. Allen was a cool guy, well mannered, polite, modest, just your all around classy person. Kind of an artistic guy whose greatest attribute was his sincerity. It seemed , Allen's job was to seek out talent in the suburbs. Everything else goes without saying. Allen respected Mr. Hammond immensely and was looking forward to going to the audition with me.

When I told Allen that the audition was back on we made arrangements for me to pick him up at his condo the morning of the audition.

Again I started practicing and practicing fourteen hours a day when Mikie sent me a book titled "John Hammond on Record."

I was all practiced out, I couldn't practice anymore, so I read the book. The book put me in semi-shock. It identified Mr. Hammond as the most influential music executive in the world.

The days counted down to three nights before the audition and I couldn’t not sleep. The following night I couldn't sleep, till finally the night before. It was twelve midnight the night before. I laid in bed trying to go to sleep but still could not It seemed impossible. My adrenalin wouldn't stop pumping.

One A.M. rolled around, I was still wide awake and I hadn't slept in a couple days. Around two thirty I went downstairs grabbed a bottle of tequila and started drinking. Within a half hour I finally fell asleep.

The audition was for eleven o’clock in the morning. I woke at seven, jumped in the car, drove to New York, picked up Allen and we drove cross town to the audition. We parked the car, I grabbed my guitar and we started to walk to Mr. Hammond's office when I started feeling ill.

Allen quickly started trying to help me pull myself together with words of support, by calmly saying "You can do this " while I was thinking "he must be crazy, he doesn't understand how sick I feel" anyway I had no other alternative but to believe what Allen was saying to me and to simply pull myself together.

We entered the building and the receptionist called up to Mikie to tell her we were there, she hung up the phone and told us that Mikie said for us to go up. When we got to the office Mikie was waiting and quickly asked me if I'd like to tune my guitar. I said yes and she brought me down into a recording studio where she pointed to a piano and said "You can tune your guitar to this piano, it's the piano that Billy Joel records on." My first reaction was " Now that's a dose of reality not to many musicians could swallow." and with that thought I had to wonder what she expected from me. My second reaction was "Now that's inspiration.

I started tuning the guitar, when all of a sudden a string broke. I put down the quitter and said to Allen I'll be right back. I jumped up, ran down the stairs, stopped at the receptionist and asked her to get me some packets of salt, I ran a couple blocks down to the car and asked the valet where my car was. He pointed me to it and I ran down and grabbed a case that had guitar strings in it.

I ran back to the building , and as I ran past the receptionist she handed me the salt, I ran back up the stairs, put on the string, tuned the guitar, licked some salt and followed Mikie back up to Mr. Hammond's office . Mikie told Allen and me to have a seat and that Mr. Hammond would be in a couple minutes. We waited a few minutes, then Mr. Hammond walked in. Mikie introduced us. We all shook hands, Mr. Hammond sat down at his desk and started out the conversation with a comment about Bruce Springsteen. We talked for a while and Mr. Hammond asked to hear one of my songs.

I played four songs for Mr. Hammond. One of which was titled "Living Proof." Mr. Hammond also read a song of mine that when I handed it to him I explained that I had written the song on an electric guitar and that since I only had an acoustic guitar with me, that I'd rather not try to play it. Mr. Hammond politely understood and said that he would like to hear it with music after it was recorded.

The song Mr. Hammond read is displayed below:

I've got a plush A frame overlooking the Ocean,

with a fireplace to keep us warm when it's cold

Cathedral ceilings for romantic evenings

And lights that turn down low

In the garage there's a brand new

silver blue porche

It's a 911- E

And all these luxuries

Can be yours for a while honey

If you just say yes to me.

Just say yes to me honey

Just say yes to me

Just say yes to me honey

And give up your dignity

I like playing golf racquetball and tennis

And I bet on all the sports

And I'm part owner of a nice little cottage

Lodged up at a ski resort

My boats docked down at little creek marina

I just got a set of new sail

On warm summer nights we'll sail out on the bay

And watch falling stars make trails

It's a good life when the money's right

You can satisfy your curiosity

And all you have to do honey

Is just say yes to me

Just say yes to me honey

Just say yes to me

Just say yes to me honey

And give up your integrity

My bank accounts bigger

Than the houses I own

Bigger than all three

Live in maids clean all day

To give us more time to be free

Well go out every night

Where you can show off all your

New clothes and expensive jewelry

And all you have to do honey is

Just say yes to me

Just say yes to me honey

Just say yes to me

Just say yes to me honey

And give up your dignity

The song that Mr. Hammond read at the audition was untitled at the time but identified with two separate names. One of the identification of this song was "Just say yes to me" the second was "Dignity". I copyrighted this song with the Library of Congress in 1982.

Twelve years later Bob Dylan was nominated for a Grammy for a song titled "Dignity" released on his 1994 Bob Dylan's Greatest Hit's album and also on his MTV Bob Dylan Unplugged album.

The relationship between Mr. Hammond, CBS Records, Mikie , and myself continued for over Eleven Years. I kept submitting material. Musicians that I was playing with at the time would come up to CBS Records with me when I went to bring new songs that I had written up to Mikie.

Exhibit 4

1982 [later that year]

In 1982 Mikie sent me a Christmas card stating ;

Dear Jim,

"Wishing you a splendid Christmas and a most prosperous New Year."

(signed) - Love Mikie, Randy, Duke and Nikkie too. December 1982.

{ A true and correct copy of this letter will be produced upon request. Plaintiff's attorney Steven M. Kramer refused to produce this Christmas card to the court }

Mikie invited me to stay at her home for weeks at a time where I wrote and experimented with songs on her baby grand piano all the while submitting more and more material to her.

1986

I ( James Damiano) met Danny Gallagher in 1986. Danny was in one of Bruce Springsteen's first original bands "Doctor Zoom and the Sonic Boom". Rumor has it that Springsteen was sleeping on Danny's couch when he got signed to CBS Records. Nevertheless Danny and Springsteen still remain friends as of today {August 5th 1997.}.

Danny was a great steel guitar player. I asked Danny if he would put a steel guitar track on "Steal Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) and he agreed to do so. He also told me he that had a friend named Mario who played a great electric guitar and who did some touring with members of the New Riders of the Purple Sage.

Danny set up the recording session at Mario's home, we set up the equipment and recorded "Steal Guitars." (also identified as "Dignity" on James Damiano's 1982 copyright registration)

The Declaration of Danny Gallagher {Displayed below}

Exhibit 5

Danny Gallagher a musician who recorded the dobro guitar track on James Damiano's song "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) declares under penalty of perjury that:

I am a musician and I play the dobro guitar. I reside at -- _____________ Terrace __________Ireland. I recorded songs with James Damiano in the year 1986. I Danny Gallahger declare that in 1986 I played and recorded the dobro guitar track on James Damiano's song " Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration) The song I am referring to in statement #5 of this declaration is the same song that is playing in the background of this taped statement or declaration. A week after James Damiano and I recorded the song "Steel Guitars" (also identified as "Dignity" on James Damiano's 1982 copyright registration)

Mr. Damiano told me that he went to New York to submit a copy of it to Mikie Harris at CBS.

{Plaintiff's Steven M. Kramer refused to submit Danny Gallagher's Declaration to the court, until the reconsideration motion. When Plaintiff asked Mr. Kramer why he was not submitting Mr. Gallegher's Declaration in his opposition brief to Defendants summary judgment motion, Mr. Kramer replied that "He didn't want to appear weak to the court"}

Exhibit 6

Mario Phillips a musician who recorded the electric guitar track on "Steel Guitars" aka (also identified as "Dignity" on James Damiano's 1982 copyright registration) during the same recording session with Danny Gallagher and James Damiano declares under penalty of perjury that:

My full Name is Gregory S. Phillipps (aka. Mario) I was born in _________________Washington. I reside at _____________________Washington In the year 1986 I played and recorded on an instrumental song of James Damiano's. Said song in #4 was recorded at the address I was living at in New Jersey Danny Gallagher also played the dobro guitar on this song The song I am referring to was played to me on the phone by James Damiano. I recognized the song as the song James, Danny and I recorded in 1986. [ This was signed after the plaintiff’s opposition brief to summary judgment]

Exhibit 7

On June 6th 1987 Mikie wrote a letter to me stating ;

Dear Jim:

Thanks for 'sharing' your lyrics / poetry with me. To me, your work represents a lot of time and effort but, from an artistic point of view, I feel that it is representative of poetry rather than a song in today's commercial market of music.

Since no tape accompanied the words, I have no way of knowing what your ideas are with regard to the music.

I just wish that there was some way for me to be of help to you, but with things the way they are, especially regarding Mr. Hammond's health, my hands are tied.

Our office has (at least since I've been associated with John) been actively involved with publishing, which is something I suggested you try to your material several years ago.

I still maintain that this is the best route for you. Publishers can reach major artists and guide you with regard to your material.

On the basis of the material that you have just now presented to me, I think it might stand a stronger chance of being recognized as a volume of straight poetry rather than songs.

Because of Mr. Hammond's policy with regard to his relationships with artists he has worked with, I will not be able to present your material to Bob Dylan.

Jim, I wish you the best ( but surely you know this by now after all these years ) and I'm only sorry that our office can't be of assistance to you. Take care……Mikie. A copy of the envelope which enclosed Mikie Harris's letter is displayed below.

This is the letter I received after Mikie took my songs for seven and a half years.

{ My attorney Steven M. Kramer never produced this actual letter to the court }

{Mikie Harris was never deposed in this litigation }

Plaintiff contends that many statements in Ms. Harris's letter are false and purposely misleading.

Taken from deposition disc also on video taped deposition.

Scott Patterson testified in a video tape deposition below:

Please note: All depositions besides Plaintiff's are video taped:

2 A. He never -- it was kind of like in

3 the beginning he had things to talk to me about

4 and then he came to the store and I think he made

5 the connection because I knew Tony and I also had

6 met Mikie Harris through Tony Tiller and I knew a

7 lot of those people.

Patterson Deposition

15 Q. Now, Mr. Patterson, when did you

16 first meet the plaintiff in this action, James

17 Damiano?

18 A. I guess it would be around '88. I'm

19 not sure of the date. I had met Jim at

20 Broccoli-Rabe Studios when he was recording there

21 and I worked on a couple of his sessions. That is

22 my extent of meeting Jim until last year when he

23 came up to my store.

24 Q. And you were working at Broccoli-Rabe

25 Studios in 1988?

24

1 Patterson

2 A. Right. I did assistant engineering

3 on and off there.

4 Q. Was that a formal position, assistant

5 engineer, or was it on an as-needed basis?

6 A. As-needed basis.

7 Q. Who owned Broccoli-Rabe?

8 A. Brian Draigo.

19

Q. Was there a chief engineer?

20 A. Yes.

21 Q. Who was that?

22 A. Phil Pfisterer. Phil and I had a

23 production company together called I-n-d-i-e Music

24 Productions

13 Q. Do you know when Mr. Damiano recorded

14 music at Broccoli-Rabe Studios?

15 A. It would probably be around '87,

16 because in '88 I worked with Tony Tiller out in

17 Sammy Fields.

23 A. Yes. The relationship between myself

24 and Tony Tiller came through Phil Pfisterer, not

25 through Jim Damiano. Phil met Tony Tiller through

26

1 Patterson

2 Jim Damiano at a party,

17 A. I met Tony Tiller through Phil

18 Pfisterer, who was my partner. Phil met Tony

19 through Jim Damiano at a party at Tony's house.

20 Phil went with Jim to the party.

21 Q. Did Mr. Damiano ask you to come to

22 this meeting?

23 A. Yes.

24 Q. What did he tell you the purpose of

25 the meeting was?

58

1 Patterson

2 A. He never -- it was kind of like in

3 the beginning he had things to talk to me about

4 and then he came to the store and I think he made

5 the connection because I knew Tony and I also had

6 met Mikie Harris through Tony Tiller and I knew a

7 lot of those people.

8 Q. When you say a lot of those people,

9 who else other than Tony Tiller and Mikie Harris?

10 A. Tony Tiller and Mikie Harris -- he

11 asked how he could get in touch with Mikie. I had

12 worked with her son, Duke, he has a band called

13 Marble.

14 Q. In working with Mikie Harris' son,

15 that had absolutely nothing to do with James

16 Damiano?

17 A. No, not at all. I didn't even know

18 Jim knew Mikie. I had met Mikie -- Tony had a

19 party at his house and I met Mikie there.

20 MR. SNYDER: Mr. Kramer, could you

21 go outside to do that.

22 MR. KRAMER: Oh, sure.

23 MR. SNYDER: Thanks.

24 Q. When you met Mikie, that again had

25 nothing to do with James Damiano and his recording

59

1 Patterson

2 of music or anything like that?

3 A. No. Actually, Mikie -- we were at a

4 party at Tony's house, and Mikie -- we started

5 talking and it ended up she knew a lot of people

6 that I knew through the studio and stuff.

Exhibit 8

Taken off the internet

Mikie Harris is on the National Academy of Popular Music / Songwriters Hall of Fame - Board of Director's

Plaintiff believes that this organization is instrumental in nominating Grammy nominees. This exhibit explains the caliber of the people Mikie was associated with in the music industry not that she needed and credentials after working with John Hammond Sr. the last ten years of his career.

Board Members and Trustees at our Awards Dinner included (standing from left) Michael Kerker, Linda Lorence, Ervin Drake, Cy Leslie, Jay Morgenstern, Bobby Weinstein, Karen Sherry, Mike Stoller, Randy Poe, Jim Lowe, Oscar Brand, Margaret Whiting, and Buddy Robbins; (seated from left) Burt Korall, Irv Lichtman, Al Feilich, 1996 SHOF Awards Dinner hostess/vocalist Maureen McGovern, Frank Military, Cy Coleman, Jules Goldberg, Anna Sosenko, and Irwin Z. Robinson. Board members not pictured: Martin Bandier, Mike Berniker, Jay Coleman, Milt Gabler, Sonny Golden, Mikie Harris, Clyde Otis, Phil Ramone, Larry Richmond, and George David Weiss. Listing of the Board of Directors and their Biographies

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Martin Bandier Chairman and CEO of EMI Music Publishing. Administers the copyrights of close to one million songs. Billboard's Pop and Black Music Publisher of the Year in the U.S. for a record seven consecutive years. Board member of EMI Group plc, the NMPA, the BMI Foundation and Board of Trustees of Syracuse University, his Alma Mater.

Freddy Bienstock Chairman and Chief Executive Officer, Carlin Music International; Board Member of ASCAP, Harry Fox Agency and National Music Publishers Association; Recipient of Songwriters' Hall Of Fame Abe Olman Publishers Award, 1996.

Oscar Brand Singer/Songwriter; Composer for Broadway Musicals (Hyman Kaplan, A Joyful Noise, Kennedy Center Bicentennial Musical Sing American Sing), Ballets (Gold Rush for Agnes Demille) and Films (Blue Chips, The Fox, Sybil, The Long Riders). Songs Include: A Guy is a Guy, My Old Man's a Sailor, When I First Came to This Land, Where Were You Last Night, Wayward Boy. Founding Director and Curator of the Songwriters' Hall of Fame; TV and Radio Broadcaster; Author (The Ballad Mongers, Songs of '76, Singing Holidays, etc.).

Irving Burgie Songwriter; Publisher; Member of ASCAP and Songwriters' Guild since 1956. Songs Include: Day O; Jamaica Farewell; Island in the Sun; and 34 songs recorded by Harry Belafonte. Musical: Ballad for Bimshire. Honorary Doctor of Letters, University of the West Indies (1989).

Tita Cahn Widow of lyricist Sammy Cahn, President Emeritus of the Songwriters' Hall of Fame, 1973-1993.

Ervin Drake Vice President, NAPM; Scholarship Committee Chairman, NAPM; Songwriter; Writer and/or Producer of Stage and T.V. Shows; Former President of Songwriters' Guild of America; Songwriters' Hall of Fame Inductee; Songs include: It Was a Very Good Year; I Believe; Perdido; Good Morning, Heartache; Tico Tico; A Room Without Windows; Al Di La. All songs in cast album revival CD "Her First Roman," 1994; All songs in Leslie Uggams CD "Painted Mem'ries," 1995; Eight songs in current CD "From John Gabriel with Love."

Al Feilich Dinner Committee Chairman, NAPM; Retired Vice President, Information & Research, BMI; B'nai B'rith, District One Board Of Governors; Executive Committee, Peninsula Chapter Cancer Care; Lifetime Member, Basketball Hall of Fame; Serves on Executive, Museum, Scholarship, Nominations and Special Awards Committees, NAPM.

Charles Feldman Vice President BMI, Came from EMI where he was Vice President, worked with The Neville Brothers, Barry Mann, Carol King, Gerry Goffin, Tony Joe White, Toni Wine, and Wendy Waldman, Music supervisor and executive soundtrack producer of motion picture "Tender Mercies," Started out as songwriter signed to Muscle Shoals Music, National Trustee of NARAS, Vice Chairman of Entertainment Division UJA-Federation.

Mark Fried President, Spirit Music Group; Board of Directors - Songwriter Associations of Boston, Philadelphia and Washington; Co-Producer of Songwriters: Inside Out.

Milt Gabler Record Producer; Founder of Commodore Records; Worked with Decca/MCA until 1971; Founding Father of NARAS; Produced songs in Grammy Hall of Fame: Bill Haley's Rock Around the Clock, Billie Holiday's Strange Fruit and Lover Man and Lionel Hampton's Flying Home. Other songs include: Danke Schoen; L-O-V-E; In a Mellow Tone; Choo-Choo-Ch'boogie.

Jules Goldberg Executive Director, NAPM; Ex-Officio on Museum, Dinner, Nominating and all other Committees; Realtor; Former President of Old Westbury Hebrew Congregation (still a trustee); Chairman af the Village Board of Appeals; Member of the Council of Temple Presidents of Nassau County.

Sonny Golden Business Manager; Golden/Goldberg Accountancy Corporation.

Mikie Harris Record Producer; President/Creative Affairs, Theatre Video Playhouse, Inc. and MIRI Music Companies.

[NAPM] [Links] [Board of Directors] [Showcases] [Workshops] [Membership] [Newsletter] [SHOF] ©1999 Songwriters' Hall of Fame, The National Academy Of Popular Music. Inquires email April Anderson Web site questions email webmaster@12ptrule.com

Another new finding of fact which has surfaced concerning Mikie Harris is identified as exhibit 13 below. This exhibit displays production credits on the album: Produced and arranged by Bruce Springsteen and Miami Steve Van Zandt. Other production credits listed are Mikie Harris for background vocals. A true and correct copy of this web site of the production credits

Exhibit 9

There is also a Bob Dylan song on the album titled From a Buick 6.

SONGS * BIOGRAPHY * TIMELINE * NEWS

DADDY'S COME HOME

from LP: "Dedication"

Gary U.S. Bonds

1981, EMI America Records

Dedication Gary U.S. Bonds 1981, EMI America Records

Songs

Jole Blon (Moon Mullican / Fort Knox Music Co.BMI)*

This Little Girl (Bruce Springsteen ASCAP)*

Your Love (Bruce Springsteen ASCAP)*

Dedication (Bruce Springsteen ASCAP)*

Daddy's Come Home (Stevie Van Zandt / Blue Midnight Music)**

It's Only Love (J. Lennon - P. McCartney / Maclen Music, Inc. BMI)**

The Pretender (Jackson Browne / Swallow Turn Music/WB Music Corp. ASCAP)**

Way Back When (G. U.S. Bonds-G. Bruno / King Kong Music/Gary Bonds Music BMI)***

From A Buick 6 (Bob Dylan / Warner Bros. Inc. ASCAP)**

Just Like A Child (J. Clemente-L. Conte-L. Anderson / King Kong Music/Gary Bonds Music/Smooth Sailing Music BMI/ASCAP)**

Liner Notes & Production Credits

* Produced & Arranged by Miami Steve & Bruce Springsteen ** Produced & Arranged by Miami Steve Associate Producer: Garry Tallent *** Produced by Gary U.S. Bonds, Lanny Lambert & Rob Parissi Additional Recording & Mix Produced by Miami Steve with Garry Tallent MUSICIANS: Accordion: Danny Federici Bass: Garry Tallent; John Clemente Drums: Mike Micara; Max Weinberg Fuzz Bass & Bongos: Miami Steve Guitars: Louie Conte; Rob Parissi; Bruce Springsteen; Miami Steve Keyboards: Roy Bittan; Rusty Cloud; Danny Federici Baritone Sax: Joey Stann Tenor Sax: Clarence Clemons (all solos); Ed Manion Trombone: La Bamba Trumpet: Rick Gazda; Michael Spengler Vocals: Ben E. King & Chuck Jackson on "Your Love" Background Vocals: Ellie Greenwich; Mikie Harris; Ula Hedwig; Brenda Hilliard (solo on "The Pretender"); Carol Sylvan; Carol Williams; Bruce Springsteen (solo on "Jole Blon" and "This Little Girl"); Miami Steve; Clarence Clemons Thank You BEN E. and CHUCK Chuck Jackson appears courtesy of Sugarhill Records Bruce Springsteen appears courtesy CBS Records Inc. Ben E. King appears courtesy Atlantic Records Corporation Engineers: Neil Dorfsman; Bob Clearmountain; Tony Bongiovi; Larry Alexander; Bill Scheniman Assistant Engineers: Jason Corsaro; Dave Greenberg; Jeffry Hendrickson; Garry Rindfuss; Ray Willhard Recorded & Mixed at the Power Station, New York City (except "Way Back When," recorded and mixed at Sound Mixers, Randy Mason, Engineer) Mastered at Precision Lacquer by Larry Emerine & Stephen Marcussen Swoopman Apocalypse Chuck Plotkin Management: John Apostol, Apostol Enterprises, Ltd. Album Design & Photography: Jimmy Wachtel, for Dawn Patrol Additional Photography: Tom Gibson & Barry Goldenberg Hand Lettering: Gloria Von Jansky Special thanks to: Big Laurie Anderson & Little Laurie Anderson, Gary Gersh, and Everybody at EMI

Mikie Harris also was given production credit on Stevie Ray Vaughan's album "Soul to Soul."

Plaintiff produces to this court the following article ( review ) to the court Please note that Stevie Ray Vaughan played on Bob Dylan's album "Under the Red Sky." In fact, numerous musicians that played on the "Bob Dylan Unplugged" album also shared similar credits on Stevie Ray Vaughan albums. Mikie Harris is given production credits as Assistant to Producer John Hammond. Exhibit 10

When I (James Damiano ) received the June 15th, 1987 letter from Mikie Harris stating that she could not be of assistance to me, I called her at CBS and asked to speak to her. A man answered the phone and told me that Mikie was at the hospital with Mr. Hammond. His name was Tony Tiller and he said that he was watching over the office while Mikie was out.

Mr. Tiller then asked me if I was the person who wrote the material on Mr. Hammond' s desk. I asked him what material he was referring to and he replied the songs in the big black notebook. I replied yes and we started to converse about the songs. He told me that he liked them and invited me up to CBS to meet with him. Tony showed a great deal of enthusiasm for my material. We started meeting or corresponding over the phone as Mikie and I had and Anthony started inviting me to parties in New York that other CBS people would attend.

The following article in which Tony Tiller's name appears and is given credit on an album which contained songs released by Bob Dylan.

Exhibit 10

Exhibit 10 displays the album credits Tony Tiller as the Project Coordinator on The Byrds Box set which contained songs written by Bob Dylan.

4k. THE BYRDS BOXED SET (Columbia/Legacy C4K 46773; 1990) _

Credits: Released October 1990. Compilation produced by Don DeVito and Bob Irwin. Musical Consultant: Roger McGuinn. Remastered and remixed by Tim Geelan & Vic Anesini. Project Director: Gary Pacheco. Project Coordination: Tony Tiller. Art Direction: Joel Zimmerman and Lisa Sparagano. Personnel: The Byrds v. 1.0 The Byrds v. 2.0 The Byrds v. 3.1 The Byrds v. 4.0 The Byrds v. 6.0 The Byrds v. 6.1 and on all new material: The Byrds v. 8.0: Roger McGuinn: vocals, 12-string guitar David Crosby: vocals Chris Hillman: vocals, bass plus: On "Turn! Turn! Turn!" Add John Jorgenson on guitar Add Steve Duncan on drums On "Mr. Tambourine Man" Add John Jorgenson on guitar Add Steve Duncan on drums With Bob Dylan on vocals & guitar On "Paths of Victory" Add John Jorgenson on mandolin Add Stan Lynch on drums On "From A Distance" David Crosby add guitar Add John Jorgenson on guitar, and mandolin Add Stan Lynch on drums On "Love That Never Dies" Chris Hillman plays guitar and not bass Add John Jorgenson on lead guitar and bass Add Stan Lynch on drums Add Al Kooper on keyboards Songwriting Credits: "Turn! Turn! Turn!" by Pete Seeger; lyrics adapted from the Book of Ecclesiastes "Mr. Tambourine Man" by Bob Dylan "He Was A Friend of Mine" by Jim McGuinn "Paths of Victory" by Bob Dylan " Musically, The Byrds Boxed Set lives up to its billing as a "definitive" collection.

http://bobdylan111.yolasite.com/

(http://www.autoadmit.com/thread.php?thread_id=2688114&forum_id=2#26426756)



Reply Favorite

Date: September 30th, 2014 5:47 PM
Author: stirring parlor
Subject: "I Don't Write Song"..........Bob Dylan

In a 2004 interview with Robert Hilburn of the Los Angeles Times, Bob Dylan stated,

“Well you have to understand that I’m not a melodist. My songs are either based on old Protestant hymns or Carter Family. What happens is, I’ll take a song and simply start playing it in my head. That’s the way I meditate.” “I wrote ‘Blowin’ in the Wind’ in 10 minutes, just put words to an old spiritual, probably something I learned from Carter Family records. That’s the folk music tradition – you use what has been handed down. ‘The Times They Are A-Changing’ is probably from an old Scottish folk Song.” "I'll be playing Bob Nolan's 'Tumbling Tumbleweeds,' for instance, in my head constantly -- while I'm driving a car or talking to a person or sitting around or whatever. People will think they are talking to me and I'm talking back, but I'm not. I'm listening to the song in my head. At a certain point, some of the words will change and I'll start writing a song.".......Bob Dylan

(http://www.autoadmit.com/thread.php?thread_id=2688114&forum_id=2#26430356)