Whitmill v. Warner Bros. Entertainment Inc.

Filing 5

MOTION for Discovery Limited and on an Expedited Basis by Plaintiff S. Victor Whitmill. (Attachments: # 1 Exhibit (A) Expedited Discovery Requests, # 2 Exhibit (B) Proposed Order)(Gerber, Geoffrey)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
S. VICTOR WHITMILL,
Plaintiff,
v.
WARNER BROS. ENTERTAINMENT INC.,
Defendant.

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Civil Action No. 4:11-cv-752

PLAINTIFF’S MOTION FOR LEAVE TO CONDUCT
LIMITED DISCOVERY ON AN EXPEDITED SCHEDULE
Plaintiff S. Victor Whitmill, by his attorneys, pursuant to Rule 26 of the Federal Rules of
Civil Procedure and Local Rule 3.01(B), respectfully moves for leave to conduct the limited
discovery described below on an expedited basis. In support of this motion, plaintiff states as
follows:
1.

This is an action for copyright infringement arising out of the unauthorized use of

an infringing copy of plaintiff’s original tattoo artwork as a central plot device in defendant’s
motion picture, THE HANGOVER 2 (the “Movie”), which is scheduled for release later this
Spring.
2.

Along with his Verified Complaint and the Summons, Plaintiff has filed today

and will be serving on defendant a Motion for Preliminary Injunction and a supporting
Memorandum of law.
3.

In preparation for the hearing on the Motion for Preliminary Injunction and to

insure that the Court has all evidence necessary to resolve that motion, plaintiff seeks certain
basic discovery, such as a copy of the Movie, a copy of the final (or shooting) script of the

Movie, and documents evidencing whatever defendant will rely upon, if anything, to support any
contention that it does not need plaintiff’s consent to use his artwork in the Movie. In addition,
this Plaintiff would depose representatives of Warner Bros. pursuant to Federal Rule of Civil
Procedure 30(b)(6), after Warner Bros. has responded to the written discovery requests.
4.

Submitted as Exhibit A to this motion is a copy of the proposed, limited expedited

discovery requests (the “Discovery Requests”).
5.

Plaintiff seeks leave to propound the Discovery Requests attached to this Motion

before the time otherwise allowed under the Federal Rules of Civil Procedure without further
service, and that the date of service for this Motion (as reflected by the return of service on the
accompanying Summons and Verified Complaint) be used to determine the deadline for Warner
Bros. responses to the Discovery Requests.
6.
motion.

Submitted as Exhibit B to this motion is a copy of a proposed order granting this

WHEREFORE, this Court should enter an Order to allow limited discovery of issues
raised by Plaintiffs’ Motion for Preliminary Injunction in the form set forth in the proposed
Order submitted as Exhibit B herewith and such other and further relief as the Court deems just
and proper under the circumstances.
Respectfully submitted,
/s/ Geoffrey G. Gerber
Michael A. Kahn (#35411MO)
[e-mail]
Pete Salsich III (44886MO)
[e-mail]
Geoff G. Gerber (#47097MO)
[e-mail]
The BrickHouse Law Group
PROFESSIONAL CORPORATION

1006 Olive Street, Ste. 303
St. Louis, Missouri 63101-2048
Tel: [phone]
Attorneys for Plaintiff