Psenicska v. Twentieth Century Fox Film Corporation et al

Filing 11

DECLARATION of Slade R. Metcalf in Support re: 9 MOTION to Dismiss.. Document filed by Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Lewis, Sacha Baron Cohen. (Attachments: # 1 Exhibit A)(Metcalf, Slade)

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Psenicska v. Twentieth Century Fox Film Corporation et al Doc. 11 Slade R. Metcalf (SM 8360) Jason P. Conti (JC 0581) Rachel F. Strom (RS 9666) Hogan & Hartson LLP 875 Third Avenue New York, NY 10022 Telephone: (212) 918-3000 Facsimile: (212) 918-3100 Attorneys for Defendants Twentieth Century Fox Film Corporation, One America Productions, Inc., Todd Schulman, and Sacha Baron Cohen UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------X MICHAEL PSENICSKA, : : Plaintiff, : : -against: : TWENTIETH CENTURY FOX FILM CORPORATION, : ONE AMERICA PRODUCTIONS, INC., : TODD LEWIS, and : SACHA BARON COHEN, : : Defendants. : : -----------------------------------------------------------------------X Case No.: 07 CIV 10972 (LAP) DECLARATION OF SLADE R. METCALF IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS THE COMPLAINT I, SLADE R. METCALF, declare as follows: 1. I am a partner in the law firm of Hogan & Hartson LLP, counsel for defendants Twentieth Century Fox Film Corporation ("Fox"), One America Productions, Inc. ("One America"), Todd Schulman ("Schulman") (incorrectly sued herein as "Todd Lewis"), and Sacha Baron Cohen ("Cohen") (collectively, "Defendants"). I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. I submit this Declaration in support of Defendants' Motion to Dismiss the \\\NY - 027721/000007 - 1070728 v1 Dockets.Justia.com Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. 2. On December 3, 2007, plaintiff Michael Psenicska ("Plaintiff") filed a Summons and Complaint (the "Complaint") in this Court, which asserts five causes of action against the Defendants stemming from Plaintiff's alleged inducement to appear in the film Borat Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan (the "Film") and his subsequent appearance in the Film. (A true and correct copy of the Complaint is annexed hereto as Exhibit "A".) 3. 14, 2007. 4. Additionally, my firm agreed to accept service of the Complaint on behalf of Fox and One America were personally served with the Complaint on December Schulman on January 7, 2008 and on behalf of Cohen on January 15, 2008. 5. Pursuant to a stipulation among the parties, so ordered by this Court on January 31, 2008, Defendants have until February 15, 2008 to move, answer or otherwise respond to the Complaint. I declare under penalty of perjury under the laws of the United States of America and the State of New York that the foregoing is true and correct and that this Declaration was executed in New York, New York on February 15, 2008. s/ Slade R. Metcalf SLADE R. METCALF 2 \\\NY - 027721/000007 - 1070728 v1

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