Laura Larson v. Warner Bros Entertainment, Inc, et al

Filing 3

Filed (ECF) Appellant Laura Siegel Larson Mediation Questionnaire. Date of service: 06/03/2011. [7774231] (MT)

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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Circuit Mediation Office Phone (415) 355-7900 Fax (415) 355-8566 http://www.ca9.uscourts.gov/mediation MEDIATION QUESTIONNAIRE The purpose of this questionnaire is to help the court’s mediators provide the best possible mediation service in this case; it serves no other function. Responses to this questionnaire are not confidential. Appellants/Petitioners must electronically file this document within 7 days of the docketing of the case. 9th Cir. R. 3-4 and 15-2. Appellees/Respondents may file the questionnaire, but are not required to do so. 9th Circuit Case Number(s): 11-55863 District Court/Agency Case Number(s): CV-04-8400 District Court/Agency Location: Central District of California, Western Division Case Name: Laura Siegel Larson v. Warner Bros. Entertainment Inc., et al. If District Court, docket entry number(s) of 669 order(s) appealed from: Name of party/parties submitting this form: Laura Siegel Larson, individually and for the Estate of Joanne Siegel Please briefly describe the dispute that gave rise to this lawsuit. This long-standing dispute with defendant DC Comics ("DC") and its effective parent, defendant Warner Bros. Entertainment Inc. arises out of the efforts of the heirs of Superman co-author Jerome Siegel to vindicate their copyright termination rights pursuant to 17 U.S.C. § 304(c). Along with her deceased mother, Joanne Siegel, plaintiff Laura Siegel Larson successfully exercised her right under 17 U.S.C. § 304(c) to recapture her father Jerome Siegel’s copyright interests in Superman by terminating his prior Superman copyright grants to DC. Briefly describe the result below and the main issues on appeal. This long-standing dispute with defendant DC Comics ("DC") and its effective parent, defendant Warner Bros. Entertainment Inc. arises out of the efforts of the heirs of Superman co-author Jerome Siegel to vindicate their copyright termination rights pursuant to 17 U.S.C. § 304(c). Along with her deceased mother, Joanne Siegel, plaintiff Laura Siegel Larson successfully exercised her right under 17 U.S.C. § 304(c) to recapture her father Jerome Siegel’s copyright interests in Superman by terminating his prior Superman copyright grants to DC. Describe any proceedings remaining below or any related proceedings in other tribunals. The remainder of this case, for an accounting to plaintiff from defendants, has been stayed pending this appeal There is an ongoing related case, Siegel v. Time Warner Inc., et al., Case No. 10-CV-8776, related to plaintiff's Superboy notices of termination . There is another ongoing related case, DC Comics v. Pacific Pictures Corp., et al., Case No. 10-CV-03633, a SLAPP suit, wherein DC attempts to retaliate against attorney Marc Toberoff for his longstanding representation of Ms. Larson and the estate of Joseph Shuster, Jerome Siegel's co-author, in connection with the exercise of their termination rights under 17 U.S.C. § 304, and which also relates to that estate’s Page 1 of 2 notice of termination pursuant to 17 U S C § 304(d) Provide any other thoughts you would like to bring to the attention of the mediator. The parties engaged in formal mediation sessions before the Hon. Daniel Weinstein (Ret.) in May-June 2008, September 2009 and April 2010. The parties' efforts were unsuccessful. The parties are currently discussing a further mediation before Judge Weinstein and/or other mediators. Any party may provide additional information in confidence directly to the Circuit Mediation Office at ca09_mediation@ca9.uscourts.gov. Please provide the case name and Ninth Circuit case number in your message. Additional information might include interest in including this case in the mediation program, the case’s settlement history, issues beyond the litigation that the parties might address in a settlement context, or future events that might affect the parties’ willingness or ability to mediate the case. CERTIFICATION OF COUNSEL I certify that: a current service list with telephone and fax numbers and email addresses is attached (see 9th Circuit Rule 3-2). I understand that failure to provide the Court with a completed form and service list may result in sanctions, including dismissal of the appeal. Signature s/ Marc Toberoff ("s/" plus attorney name may be used in lieu of a manual signature on electronically-filed documents.) Counsel for Laura Siegel Larson, individually and for the Estate of Joanne Siegel Note: Use of the Appellate ECF system is mandatory for all attorneys filing in this Court, unless they are granted an exemption from using the system. To file this form electronically in Appellate ECF, complete the form, and then print the filled-in form to PDF (File > Print > PDF Printer/Creator). Then log into Appellate ECF and choose Forms/Notices/Disclosure > File a Mediation Questionnaire. Page 2 of 2 1 SERVICE LIST 2 3 O’MELVENY & MYERS LLP Daniel M. Petrocelli 4 dpetrocelli@omm.com 5 Matthew T. Kline mkline@omm.com Cassandra L. Seto 6 cseto@omm.com 7 1999 Avenue of the Stars, 7th Floor Los Angeles, CA 90067-6035 8 Telephone: (310) 553-6700 9 Facsimile: (310) 246-6779 PERKINS LAW OFFICE, P.C. Patrick T. Perkins pperkins@ptplaw.com 1711 Route 9D Cold Spring, NY 10516 Telephone: (845) 265-2820 Facsimile: (845) 265-2819 Attorneys for Defendants-Appellees, DC Comics and Warner Bros. Entertainment Inc. 10 Attorneys for Defendants-Appellees, DC Comics and Warner Bros. 11 Entertainment Inc. 12 TOBEROFF & ASSOCIATES, P.C. 13 Marc Toberoff mtoberoff@ipwla.com 14 Nicholas C. Williamson nwilliamson@ipwla.com 15 2049 Century Park East, Suite 3630 16 Los Angeles, California 90067 Telephone: (310) 246-3333 17 Facsimile: (310) 246-3101 18 Attorneys for Plaintiff-Appellant, 19 Laura Siegel Larson, individually and as personal representative of the Estate of 20 Joanne Siegel 21 22 23 24 25 26 27 28 1 SERVICE LIST 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am over the age of eighteen years and not a party to the within action; my 4 business address is: 2049 Century Park East, Suite 3630, Los Angeles, California 5 90067. 6 On June 3, 2011, I served the foregoing documents, described as (1) 7 Mediation Questionnaire and (2) Service List, on the interested parties in this 8 action as follows: 9 DANIEL M. PETROCELLI (S.B. #097802) dpetrocelli@omm.com MATTHEW T. KLINE (S.B. #211640) 10 mkline@omm.com 11 CASSANDRA L. SETO (S.B. #246608) cseto@omm.com 12 O’MELVENY & MYERS LLP 1999 Avenue of the Stars, 7th Floor 13 Los Angeles, CA 90067-6035 Telephone: (310) 553-6700 14 Facsimile: (310) 246-6779 15 PATRICK T. PERKINS pperkins@ptplaw.com PERKINS LAW OFFICE, P.C. 1711 Route 9D Cold Spring, NY 10516 Telephone: (845) 265-2820 Facsimile: (845) 265-2819 BY CM/ECF NOTICE OF ELECTRONIC FILING: I certify that the 16 foregoing documents are being filed electronically by using the CM/ECF system. 17 As such, the documents will be served electronically on all interested parties whose 18 attorneys are registered CM/ECF users and have consented to electronic service. 19 I declare under penalty of perjury under the laws of the United States of 20 America that the foregoing is true and correct and that I am employed in the office 21 of a member of the bar of this court at whose direction the service was made. 22 Executed on June 3, 2011, at Los Angeles, California. 23 24 Keith G. Adams 25 26 27 28 1 PROOF OF SERVICE

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