Corbello v. DeVito

Filing 963

ORDER granting ECF No. 895 Motion to Voluntarily Dismiss, dismissing with prejudice all of Plaintiff's remaining claims against Defendant Thomas Gaetano DeVito; granting in part 905 Motion for Leave to Take Specified Dis covery (see order for details); granting ECF Nos. 897 , 900 , 901 , 902 , 906 , 907 , and 909 stipulations and motions to extend time; granting ECF No. 911 Motion to Seal. Signed by Judge Robert C. Jones on 7/14/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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_____________________________________
DONNA CORBELLO,

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Plaintiff,
vs.
THOMAS GAETANO DEVITO et al.,
Defendants.

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2:08-cv-00867-RCJ-PAL
ORDER

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Plaintiff Donna Corbello is the widow and heir of Rex Woodard, who assisted Defendant

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Thomas Gaetano “Tommy” DeVito in writing his unpublished autobiography (the “Work”).

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Plaintiff alleges that DeVito and others wrongfully appropriated the Work to develop the

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screenplay for Jersey Boys, a hit musical based on the band The Four Seasons that has played in

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the United States, Canada, England, and Australia. The Court granted summary judgment to

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certain Defendants and certified the order for immediate appeal. The Court of Appeals reversed

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and remanded for further proceedings. The Court then determined on summary judgment that

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the Work would be entitled to “thin” copyright protection at trial.

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Plaintiff and DeVito have asked the Court to approve their stipulation for voluntary

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dismissal of Plaintiff’s remaining claims against DeVito, submitting a Proposed Order (ECF No.

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895-1) to that effect. DeVito’s co-Defendants have indicated their non-opposition to the

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voluntary dismissal but have separately asked the Court to enter an order requiring Plaintiff and

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DeVito: (1) to provide them with drafts of the Settlement Agreement and communications

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exchanged between counsel (but not between any attorney and his or her client) from April 1,

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2013 to present that in any way concern the settlement; and (2) to submit themselves and their

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counsel to depositions within 30 days of disclosure upon co-Defendants’ request. Co-

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Defendants argue this discovery is required for them to properly defend themselves at trial since

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the Settlement Agreement appears to call for DeVito’s cooperation with Plaintiff, and their trial

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strategy may now change. The Court grants the motion.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Voluntarily Dismiss (ECF No. 895) is

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GRANTED, and all of Plaintiff Donna Corbello’s remaining claims against Defendant Thomas

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Gaetano DeVito are hereby dismissed with prejudice, with each party to bear its own costs and

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attorneys’ fees.

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IT IS FURTHER ORDERED that the Motion for Leave to Take Specified Discovery

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(ECF No. 905) is GRANTED in part. Plaintiff shall provide DeVito’s co-Defendants with a

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copy of any settlement agreement(s), as well copies of any communications exchanged between

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Plaintiff’s and DeVito’s counsel (but not between counsel and client) from April 1, 2013 to

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present that in any way concern such a settlement agreement. Thereafter, DeVito’s co-

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Defendants shall have thirty (30) days to depose Plaintiff, DeVito, or their counsel as to matters

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relevant to any settlement agreement (subject to attorney–client privilege).

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IT IS FURTHER ORDERED that the Stipulations and Motions to Extend Time (ECF
Nos. 897, 900, 901, 902, 906, 907, 909) are GRANTED.

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IT IS FURTHER ORDERED that the Motion to Seal (ECF No. 911) is GRANTED.

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IT IS SO ORDERED.

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14th day of July, 2016.
Dated this 4th day of May, 2016.
_____________________________________
ROBERT C. JONES
United States District Judge

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