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)

Download PDF
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: 617.832.1000 Facsimile: 617.832.7000 jhuston@foleyhoag.com jshope@foleyhoag.com dkluft@foleyhoag.com Jonathan Zavin LOEB & LOEB LLP 345 Park Avenue New York, New York 10154 Telephone: 212.407.4161 Facsimile: 212.658.9105 David Grossman LOEB & LOEB LLP 10100 Santa Monica Blvd., Suite 2200 Los Angeles, California 90067 Telephone: 310.282.2000 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

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?