Brave New Films 501 (C)(4) v. Weiner et al

Filing 41

Declaration of James Gilliam in Support of 40 MOTION for Partial Summary Judgment PLAINTIFF BRAVE NEW FILMS' NOTICE OF MOTION AND MOTION FOR PARTIAL SUMMARY JUDGMENT DECLARATION OF JAMES GILLIAM IN SUPPORT OF PLAINTIFF BRAVE NEW FILMS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed byBrave New Films 501 (C)(4). (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFF BRAVE NEW FILMS' MOTION FOR PARTIAL SUMMARY JUDGMENT)(Related document(s) 40 ) (Pierce, Sheila) (Filed on 2/27/2009)

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Anthony T. Falzone (SBN 190845) Julie A. Ahrens (SBN 230170) STANFORD LAW SCHOOL CENTER FOR INTERNET AND SOCIETY 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] William F. Abrams (SBN 88805) Sheila M. Pierce (SBN 232610) BINGHAM MCCUTCHEN LLP 1900 University Avenue East Palo Alto, CA 94303-2223 Telephone: [phone] Facsimile: 650.849.4800 E-mail: [e-mail] Attorneys for Plaintiff BRAVE NEW FILMS 501(c)(4) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BRAVE NEW FILMS 501(C)(4), v. Plaintiff,

No. CV 08-04703 SI [PROPOSED] ORDER GRANTING PLAINTIFF BRAVE NEW FILMS' MOTION FOR PARTIAL SUMMARY JUDGMENT Date: April 3, 2009 Time: 9:00 a.m. Place: Courtroom 10 Judge: Honorable Susan Illston

MICHAEL WEINER aka MICHAEL SAVAGE, and ORIGINAL TALK RADIO NETWORK, INC., Defendants.

Plaintiff Brave New Films' Motion for Partial Summary Judgment came on regularly for hearing on April 3, 2009 before the Honorable Susan Illston. All parties received notice and were represented by counsel. Having considered the arguments and admissible evidence submitted by the parties, and FOR GOOD CAUSE SHOWN, the Court finds that there is no genuine issue of material fact in
CV 08-04703 SI

[PROPOSED] ORDER GRANTING PLAINTIFF BRAVE NEW FILMS' MOTION FOR PARTIAL SUMMARY JUDGMENT

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dispute with respect to Brave New Films' claim for declaratory relief and therefore, Brave New Films is entitled to judgment as a matter of law. Accordingly, Brave New Films' Motion For Partial Summary Judgment is GRANTED and the Court hereby GRANTS an ORDER: 1. Declaring that Brave New Films' use of excerpts from the October 29, 2007

broadcast of The Michael Savage Show is a fair use; and 2. Enjoining Defendants OTRN and Savage from threatening legal action with

respect to the Video against Brave New Films in the future.

IT IS SO ORDERED DATED:______________________

Honorable Susan Illston United States District Court Judge

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CV 08-04703 SI

[PROPOSED] ORDER GRANTING PLAINTIFF BRAVE NEW FILMS' MOTION FOR PARTIAL SUMMARY JUDGMENT