DC Comics v. Pacific Pictures Corporation et al

Filing 622

FINAL JUDGMENT ON REMAINING CLAIMS 621 : DCs Fourth Claim for Relief is DISMISSED, WITH PREJUDICE. DCs Fifth Claim for Relief is DISMISSED, WITH PREJUDICE. DCs Sixth Claim for Relief is DISMISSED, WITHOUT PREJUDICE, as moot. The parties shall each bear their own fees and costs.by Judge Otis D. Wright, II (MD JS-6, Case Terminated). (lc)

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DANIEL M. PETROCELLI (S.B. #097802)
[e-mail]
MATTHEW T. KLINE (S.B. #211640)
[e-mail]
CASSANDRA L. SETO (S.B. #246608)
[e-mail]
O’MELVENY & MYERS LLP
1999 Avenue of the Stars, 7th Floor
Los Angeles, CA 90067-6035
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff DC Comics
MARC TOBEROFF (S.B. #188547)
[e-mail]
TOBEROFF & ASSOCIATES, P.C.
22337 Pacific Coast Highway #348
Malibu, California 90265
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Pacific Pictures Corp. et al.

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DC COMICS,

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Plaintiff,
v.
PACIFIC PICTURES
CORPORATION, IP WORLDWIDE,
LLC, IPW, LLC, MARC TOBEROFF,
an individual, MARK WARREN
PEARY, as personal representative of
the ESTATE OF JOSEPH SHUSTER,
JEAN ADELE PEAVY, an individual,
LAURA SIEGEL LARSON, an
individual and as personal
representative of the ESTATE OF
JOANNE SIEGEL, and DOES 1-10,
inclusive,

Case No. CV 10-3633 ODW (RZx)
FINAL JUDGMENT ON
REMAINING CLAIMS
Hon. Otis D. Wright II

Defendants.

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JOINT [PROPOSED] FINAL JUDGMENT

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FINAL JUDGMENT
1. Background. Plaintiff DC Comics asserted six Claims for Relief in this
case (Dkt. 49):
a. DC’s First and Third Claims. On December 11, 2012, and following the
Court’s October 17, 2012, summary judgment order (Dkt. 507), the Court entered
partial final judgment, pursuant to FED. R. CIV. P. 54(b), in favor of DC on its First
and Third Claims for Relief (Dkt. 540), from which defendants appealed (Dkt.
541). On November 21, 2013, the U.S. Court of Appeals for the Ninth Circuit
affirmed (Dkt. 618), and on January 21, 2014, denied defendants’ petition for
rehearing and rehearing en banc (Dkt. 617). On January 31, 2014, the Ninth Circuit
issued its formal mandate (Dkt. 618). Defendants filed a petition for writ of
certiorari in the U.S. Supreme Court on DC’s First Claim, and on October 6, 2014,
the Supreme Court denied the petition for a writ. See Peary v. DC Comics, Case
No. 13-1523.
b. DC’s Second Claim. DC pled its Second Claim for Relief solely in the
alternative to its First Claim for Relief (Dkt. 49 ¶ 136). Because DC has prevailed
on its First Claim, its Second Claim is moot.
c. DC’s Fourth, Fifth, and Sixth Claims. On April 4, 2013, the Court
granted defendants’ motion for summary judgment with respect to DC’s Fourth and
Fifth Claims (Dkt. 613), but deferred ruling on DC’s Sixth Claim because it
overlapped with DC’s First and Third Claims and “an affirmance by the Ninth
Circuit [on DC’s First and Third Claims] would obviate the need to reach” DC’s
Sixth Claim, as DC’s Sixth Claim would be “moot,” id. at 19:14-20:7.
2. Final Judgment on Remaining Claims. Based on the foregoing, the Court
hereby enters judgment on the remaining claims in this case as follows:
IT IS HEREBY ORDERED AND ADJUDGED that DC’s Second Claim for
Relief is DISMISSED, WITHOUT PREJUDICE, as moot.

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JOINT [PROPOSED] FINAL JUDGMENT

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IT IS HEREBY ORDERED AND ADJUDGED that DC’s Fourth Claim for
Relief is DISMISSED, WITH PREJUDICE.
IT IS FURTHER ORDERED AND ADJUDGED that DC’s Fifth Claim for
Relief is DISMISSED, WITH PREJUDICE.
IT IS FURTHER ORDERED AND ADJUDGED that DC’s Sixth Claim for
Relief is DISMISSED, WITHOUT PREJUDICE, as moot.
The parties shall each bear their own fees and costs.
IT IS SO ORDERED.

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Dated: _November 26, 2014

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____________________________________
Honorable Otis D. Wright, II
Judge, United States District Court

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OMM_US:72077642

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