Gordon v. DreamWorks Animation SKG, Inc. et al

Filing 36

MOTION to Dismiss For Failure to Appear at Deposition by DreamWorks Animation LLC, DreamWorks Animation SKG, Inc., Paramount Pictures Corporation.(Huston, Julia)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

JAYME GORDON,
Plaintiff,
v.
DREAMWORKS ANIMATION SKG,
INC., DREAMWORKS ANIMATION
LLC, and PARAMOUNT PICTURES
CORP.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 1:11-cv-10255-JLT

DEFENDANTS’ MOTION TO DISMISS FOR
PLAINTIFF’S FAILURE TO APPEAR AT DEPOSITION
Pursuant to Fed. R. Civ. P. 37, and for the reasons set forth more fully in the
accompanying memorandum of law and Affidavit of Jonathan Zavin, defendants DreamWorks
Animation SKG, Inc., DreamWorks Animation LLC, and Paramount Pictures Corp. hereby
move to dismiss the case, or alternatively for an order compelling plaintiff Jayme Gordon to
appear for deposition within two weeks of the Court’s order, together with an order that Gordon
and his counsel pay to the defendants their costs and attorneys’ fees incurred in connection with
this motion. As grounds for the motion, the defendants state that the deposition of Jayme
Gordon was noticed weeks in advance for October 19, 2011, and that Gordon has refused to
appear for his deposition without good reason.

Dated: October 19, 2011

Respectfully submitted,
DREAMWORKS ANIMATION SKG, INC.,
DREAMWORKS ANIMATION, LLC, and
PARAMOUNT PICTURES CORP.,
By their attorneys,
/s/ Julia Huston
John A. Shope (BBO #562056)
Julia Huston (BBO #562160)
David A. Kluft (BBO# 658970)
FOLEY HOAG LLP
Seaport West
155 Seaport Boulevard
Boston, Massachusetts 02210-2600
Telephone: [phone]
Facsimile: 617.832.7000
[e-mail]
[e-mail]
[e-mail]
Jonathan Zavin
LOEB & LOEB LLP
345 Park Avenue
New York, New York 10154
Telephone: [phone]
Facsimile: 212.658.9105
David Grossman
LOEB & LOEB LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, California 90067
Telephone: [phone]
Facsimile: 310.282.2200

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
I hereby certify pursuant to Local Rule 7.1(a)(2) that the moving party has conferred in
good faith with opposing counsel on the matter set forth herein, as set forth in the accompanying
Affidavit of Jonathan Zavin and correspondence attached thereto, and was unable to narrow or
resolve the issues raised in this motion.
/s/ Julia Huston
Julia Huston
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing and a
paper copy was sent to those indicated as non-registered participants on October 19, 2011.
/s/ Julia Huston
Julia Huston

2