Doe v. Geller et al

Filing 29

NOTICE by Uri Geller, Explorologist Ltd. Notice of Pendency of Other Action or Proceeding (Winelander, Richard) (Filed on 10/4/2007)

Download PDF
Doe v. Geller et al Doc. 29 Case 3:07-cv-02478-VRW Document 29 Filed 10/04/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jeffrey M. Vucinich (SBN 67906) Clapp, Moroney, Bellagamba & Vucinich 1111 Bayhill Drive, Suite 300 San Bruno, CA 94066 jvucinich@clappmoroney.com Telephone: 650.989.5400 Facsimile: 650.989.5499 Richard Winelander (pro hac vice) rw@rightverdict.com 1005 North Calvert Street Baltimore Maryland 21202 Telephone: 410.576.7980 Facsimile: 443.378.7503 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOHN DOE A/K/A BRIAN SAPIENT, Plaintiff, v. URI GELLER and EXPLOROLOGIST LTD., Defendants ) Case No.: 3:07-cv-02478 VRW ) ) NOTICE OF PENDENCY OF OTHER ) ACTION OR PROCEEDING ) ) ) ) ) ) ) ) ) ) The Defendants, Explorologist, Ltd. and Uri Geller, by and through their attorneys, Richard Winelander and Jeffrey M. Vucinich, hereby notify the Court, pursuant to Civil L. R. 313, of the pendency of another action between the parties. In support of this notice the Defendants state the following: 1. On May 7, 2007 Explorologist Limited filed suit against Brian Sapient a/k/a Brian J. Cutler (Sapient1) in the United States District Court for the Eastern District of Pennsylvania. That 1 For consistency Plaintiff will use Mr. Cutler's alias. NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING 1 Case # 3:07-cv-02478 VRW Dockets.Justia.com Case 3:07-cv-02478-VRW Document 29 Filed 10/04/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 case (2:07-cv-01848-LP) was assigned to the Honorable Louis H. Pollak. Judge Pollak referred the case to Magistrate Judge M. Faith Angell. The original Complaint alleged Copyright Infringement under British Law. The Amended Complaint added counts for Commercial Disparagement and Appropriation of Name or Likeness. 2. The next day, on May 8, 2007, Sapient filed a complaint in this Court against Explorologist Limited and Uri Geller a/k/a Uri Geller Freud alleging misrepresentation and requesting declaratory relief. 3. Each suit arises from a dispute concerning a video clip entitled "James Randi exposes Uri Geller and Peter Popoff" which Sapient posted on the website www.youtube.com. This clip was taken from a NOVA Special entitled "Secrets of the Psychics."2 Both the clip Sapient posted and the NOVA special contained a Film entitled "Dr Hughes" which was shot in 1987 by Shimshon Shtrang (Shipi), an officer Explorologist, Ltd. The clip, featuring Dr Hughes, although only 8 seconds long is at the center of both lawsuits. 4. The Philadelphia suit seeks to stop Sapient, pursuant to British law, from using Explorologist's intellectual property without its consent. Sapient has filed a Motion to Dismiss the Philadelphia suit. That motion has been fully briefed and is awaiting a ruling by Judge Pollak. 5. In the case sub judice, Sapient claims Defendants violated the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(f) "by knowingly materially misrepresenting under DMCA 512 that the NOVA Video infringed their copyright." (Complaint 22). The Defendants have filed a Motion to Dismiss and or to transfer this case to United States District Court for the Eastern District of Pennsylvania. 6. The Defendants maintain that, if not dismissed, the case should be transferred pursuant to 28 U.S.C. 1407 (Multi District Litigation Procedures) because the principal parties and the issues in the two cases are identical. Additionally or alternatively coordination of the two suits might avoid conflicts, conserve judicial resources and promote an efficient The copyright owner is the WGBH Educational Foundation. NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING 2 Case # 3:07-cv-02478 VRW Case 3:07-cv-02478-VRW Document 29 Filed 10/04/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determination of the action. Judge Pollak has been fully briefed, on the intricacies of British law and the underlying facts of the dispute, therefore he would be well suited to decide all issues involved in the litigation. Dated: October 4, 2007 _______/s/________________________ Richard Winelander, Esq. (pro hac vice) 1005 North Calvert Street Baltimore Maryland 21202 rw@rightverdict.com Telephone: 410.576.7980 Facsimile: 443.378.7503 _______/s/________________________ Jeffrey M. Vucinich, Esq. (SBN 67906) Clapp, Moroney, Bellagamba & Vucinich 1111 Bayhill Drive, Suite 300 San Bruno, CA 94066 jvucinich@clappmoroney.com Telephone: 650.989.5400 Facsimile: 650.989.5499 Attorney for Defendants, Uri Geller and Explorologist, Ltd. CERTIFICATE OF SERVICE I hereby certify that on this 4th day of October 2007, a copy of the foregoing Notice of Pendency of Other Action was mailed, postage prepaid to: Jason Schultz, Esquire Corynne McSherry, Esq. Marcia Hofmann, Esquire Electronic Frontier Foundation 454 Shotwell Street San Francisco, CA 94110 _______/s/___________________ Richard Winelander, Esq. NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING 3 Case # 3:07-cv-02478 VRW

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?