Corbello v. DeVito

Filing 978

ORDER denying ECF No. 917 Motion to Certify. Signed by Judge Robert C. Jones on 9/7/2016. (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,

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vs.
THOMAS GAETANO DEVITO et al.,

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Thomas Gaetano “Tommy” DeVito in writing his unpublished autobiography (the “Work”).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

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be entitled to “thin” copyright protection at trial. The Court denied Plaintiff’s motion to

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reconsider. Plaintiff has now asked the Court to certify the order for interlocutory review.

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Defendants have opposed the motion, arguing that the standards of 28 U.S.C. § 1292(b) have not

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been satisfied and noting that impending summary judgment motions may moot the issue, in any

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case. The Court declines to certify the order for interlocutory review.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Certify (ECF No. 917) is DENIED.

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IT IS SO ORDERED.

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Dated this 7th day of September,
Dated this 9th day of May, 2016. 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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