Sheri H. Gilbert v. New Line Productions, Inc.

Filing 425

JUDGMENT DISMISSING PLAINTIFF'S SECOND AMENDED COMPLAINT by Judge R. Gary Klausner: 1) Pursuant to the Court's November 16, 2009 Order, which is incorporated herein by reference, Plaintiff's Second Amended Complaint against the Thirty-Four Defendants and Film Independent, and each cause of action therein, is dismissed in its entirety. 2) The Thirty-Four Defendants and Film Independent are the prevailing parties in this action and are entitled to their costs. (mg)

1 WHITE O'CONNOR FINK & BRENNER LLP Lee S. Brenner (STATE BAR NO. 180235) 2 Allison S. Rohrer (STATE BAR NO. 224029) 10100 Santa Monica Boulevard, Twenty-Third Floor 3 Los Angeles, California 90067-4008 Telephone: [phone] Facsimile: [phone] [e-mail] 5 [e-mail] 6 Attorneys for Thirty-Four Defendants 7 8 9 10 11 Sheri H. Gilbert, an individual, 12 13 v. Plaintiff, UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

NOTE: CHANGES MADE BY THE COURT
CASE NO. 2:09-cv-02231 RGK (RZ) (The Honorable R. Gary Klausner) JUDGMENT DISMISSING PLAINTIFF'S SECOND AMENDED COMPLAINT Fed. R. Civ. Proc. 58 Trial Date: April 13, 2010

14 NEW LINE PRODUCTIONS, INC., a California Corporation; NEW LINE 15 HOME ENTERTAINMENT, INC., a New York Corporation; NEW LINE 16 INTERNATIONAL RELEASING, INC., a California Corporation; NEW 17 LINE TELEVISION, INC., a California Corporation; NEW LINE CINEMA 18 CORPORATION, a Delaware Corporation; TURNER 19 BROADCASTING SYSTEM, INC., a Georgia Corporation; WARNER 20 HOME VIDEO INC., a Delaware Corporation; WARNER BROS. HOME 21 ENTERTAINMENT, INC., a Delaware Corporation, formerly d/b/a Warner 22 Home Video, Inc.; WARNER BROS. ENTERTAINMENT INC., a Delaware 23 Corporation; WARNER COMMUNICATIONS INC., a 24 Delaware Corporation; TIME WARNER, INC., a Delaware 25 Corporation; BENDER-SPINK, INC., a California Corporation; CHRIS 26 BENDER, individually and as an agent of Bender-Spink, Inc.; J.C. SPINK, 27 individually and as an agent of BenderSpink, Inc.; SPRING CREEK 28 PRODUCTIONS, INC., a California
09-2231 Gilbert v. New Line Productions, Inc. [Proposed] Judgment Dismissing Plaintiff's Second Amended Complaint.DOC

[PROPOSED] JUDGMENT

1 Corporation; PAULA WEINSTEIN, individually and as an agent of Spring 2 Creek Productions, Inc.; AVERY PIX, INC., a California Corporation; 3 AVERY PRODUCTIONS, INC., a California Corporation; KUMAR 4 MOBILIENGESELLSCHAFT MBH & CO. PROJEKT NR. 1 KG, a German 5 Company; MICHAEL FLYNN; NUYORICAN PRODUCTIONS, INC., 6 a California Corporation; JULIO CARO; ROBERT LUKETIC; 7 FIRECRACKER PRODUCTIONS, INC., a California Corporation; ANYA 8 KOCHOFF, a/k/a Anya Kochoff Romano, f/k/a Anya Kochoff Landes, 9 individually and as an agent of Firecracker Productions, Inc.; 10 WRITTEN IN STONE, INC., a California Corporation; RICHARD 11 LAGRAVENESE, individually and as an agent of Written in Stone, Inc.; 12 JANE FONDA; JENNIFER LOPEZ, individually and as an agent of 13 Nuyorican Productions, Inc.; MICHAEL VARTAN; WANDA 14 SYKES; MIGUEL A. NUNEZ, JR.; VILLAGE ROADSHOW PICTURES 15 ENTERTAINMENT INC., a Delaware Corporation; VILLAGE ROADSHOW, 16 LTD, an Australian Corporation; SANTA FE PRODUCTIONS NV, a 17 Belgian Public Limited Liability Company, d/b/a Paradiso 18 Entertainment; PARADISO ENTERTAINMENT NEDERLANDS 19 BV, a Dutch Private Limited Company; PARADISO HOME 20 ENTERTAINMENT, a Dutch Company; ENTERTAINMENT FILM 21 DISTRIBUTORS LTD, a British Corporation; METROPOLITAN 22 FILMEXPORT, a French Corporation; CW MEDIA, INC., a Canadian 23 Corporation, f/k/a Alliance Atlantis Communications Inc., d/b/a Motion 24 Picture Distribution LP; CW MEDIA SALES INC./CW VENTES MEDIA 25 INC., a Canadian Corporation; CANWEST GLOBAL 26 COMMUNICATIONS CORP., a Canadian Corporation; ALLIANCE 27 FILMS, INC., a Canadian Corporation, f/k/a Alliance Atlantis Communications 28 Inc., d/b/a Motion Picture Distribution
09-2231 Gilbert v. New Line Productions, Inc. [Proposed] Judgment Dismissing Plaintiff's Second Amended Complaint.DOC

[PROPOSED] JUDGMENT

1 LP; YLEISRADIO OY, a/k/a YLE, a Finnish Company; FS FILM OY, a 2 Finnish Company; DISTRIBUTION COMPANY, S.A., an Argentinean 3 Company; THE ENDEAVOR AGENCY, LLC, a Delaware Limited 4 Liability Company; ADRIANA ALBERGHETTI, individually and as an 5 agent of the Endeavor Agency, LLC; THE INDEPENDENT FEATURE 6 PROJECT, INC., a New York Corporation; FILM INDEPENDENT, 7 INC., a California Corporation, f/k/a Independent Feature Project/West; and 8 DOES 1 through 10, inclusive, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
09-2231 Gilbert v. New Line Productions, Inc. [Proposed] Judgment Dismissing Plaintiff's Second Amended Complaint.DOC

Defendants.

[PROPOSED] JUDGMENT

1 2

[PROPOSED] JUDGMENT On November 16, 2009, by written Order (Docket Entry 421), this Court

3 consolidated and granted three (3) motions of the Thirty-Four Defendants to dismiss 4 the Second Amended Complaint of Plaintiff Sheri H. Gilbert ("Plaintiff") pursuant 5 to Rule 12(b)(6) of the Federal Rules of Civil Procedure.1 The motions to dismiss 6 were filed on behalf of certain of the Thirty-Four Defendants (Docket Entries 369, 7 374, 376), and all of the Thirty-Four Defendants joined in said motions (Docket 8 Entries 379, 380, 381). Defendant Film Independent, Inc. ("Film Independent") 9 joined in one of the motions (Docket Entry 404). 10 11 that: 12 1. Pursuant to the Court's November 16, 2009 Order, which is 13 incorporated herein by reference, Plaintiff's Second Amended Complaint against the 14 Thirty-Four Defendants and Film Independent, and each cause of action therein, is 15 dismissed in its entirety. 16 18 / / / 19 20 21 22 23 24 25 26 27 28
09-2231 Gilbert v. New Line Productions, Inc. [Proposed] Judgment Dismissing Plaintiff's Second Amended Complaint.DOC

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED

2.

The Thirty-Four Defendants and Film Independent are the prevailing

17 parties in this action and are entitled to their costs.

The Thirty-Four Defendants are: Adriana Alberghetti; Avery Pix, Inc.; Chris Bender; Bender-Spink, Inc.; CW Media Inc.; Julio Caro; Distribution Company Argentina, S.A.; Firecracker Productions, Inc.; Michael Flynn; Jane Fonda; Anya Kochoff; Kumar Mobiliengesellschaft mbH & Co. PROJEKT NR. 1 KG; Richard Lagravenese; Jennifer Lopez; Robert Luketic; New Line Cinema Corporation; New Line Home Entertainment, Inc.; New Line International Releasing, Inc.; New Line Productions, Inc.; New Line Television, Inc.; Nuyorican Productions, Inc.; J.C. Spink; Spring Creek Productions, Inc.; Wanda Sykes; The Endeavor Agency, LLC; Time Warner Inc.; Turner Broadcasting System, Inc.; Michael Vartan; Warner Bros. Entertainment Inc.; Warner Bros. Home Entertainment Inc.; Warner Communications Inc.; Warner Home Video Inc.; Paula Weinstein; and Written In Stone, Inc. 1

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[PROPOSED] JUDGMENT

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3.

Requests for attorneys' fees may be made by regularly noticed motion

2 to the Court, pursuant to Rule 54 of the Federal Rules of Civil Procedure and any 3 other applicable rules and statutes, including Section 505 of the United States 4 Copyright Act. 5 4. Requests for costs may be made by application to the Clerk of the 6 Court, pursuant to Rule 54 of the Federal Rules of Civil Procedure, and any other 7 applicable rules and statutes. 8 5. The Thirty-Four Defendants are awarded their attorneys' fees in this 9 action in the amount of $_____________ and costs in this action in the amount of 10 $_____________. 11 6. Film Independent is awarded its attorneys' fees in this action in the 12 amount of $_____________ and costs in this action in the amount of 13 $_____________. 14 15 DATED: _11/23/09____________ 16 17 18 19 20 21 22 23 24 25 26 27 28
09-2231 Gilbert v. New Line Productions, Inc. [Proposed] Judgment Dismissing Plaintiff's Second Amended Complaint.DOC

The Honorable R. Gary Klasuner United States District Judge

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[PROPOSED] ORDER