Marvel Worldwide, Inc. et al v. Kirby et al

Filing 113

DECLARATION of Jodi A. Kleinick in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Kleinick, Jodi)

Marvel Worldwide, Inc. et al v. Kirby et al

Doc. 113 Att. 7

EXHIBIT 7

Dockets.Justia.com

Singer, Randi
From:
Sent:

To: Cc:
Subject: Attachments:

Perelman, Sabrina Wednesday, March 23, 2011 8:28 PM '[e-mail] '; '[e-mail] ' Singer, Randi; [e-mail] ; Kleinick, Jodi Marvel Worldwide, Inc. v. Kirby Letter to M. Toberoff (3-23-11).pdf; Objections to Exhibit List.pdf; Witness List Objections.pdf

Dear Marc: Please see the attached from Randi Singer. Regards,

Sabrina A. Perelman \NeiJ, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153 sabring. e relrnan well com [phone] Direct [phone] Main [phone] Fax

Marvel Worldwide, Inc., et al. v. Kirby et al. 10-CV-141 (CM) (KNF)
DEFENDANTS' WITNESS LIST 1. Mark Evanier 2. John Morrow 3. Neal Kirby 4. Susan Kirby1 5. Lisa Kirby 6. Larry Lieber 7. Stan Lee 8. John Romita, Sr. 9. Joe Sinnott 10. Dick Ayers 11. Stan Goldberg 12. Neal Adams 13. Gene Colan 14. Joe Simon 15. James Steranko Plaintiffs and Counterclaim-Defendants object to the inclusion of the previously undisclosed witnesses Joe Sinnott, Stan Goldberg and James Steranko on Defendants' list of trial witnesses.

DEFENDANTS' EXHIBITS 1. 45 Notices of Termination ("Termination") served by the Kirbys on

September 16, 2009 2. Assignment between Jack Kirby and Magazine Management Co., Inc.

fully executed on June 5, 1972 3. 4. Copyright Registrations for works listed in Terminations Marvel Characters First Appearances and Copyright Registrations

(MARVEL6456-6461) 5. 6. 7. 8. 9.
1

Mark Evanier's expert report submitted to plaintiffs on November 4, 2010 Kirby: King of Comics by Mark Evanier (2008) (K143-376) "Jack Kirby's Gods" portfolio (ME 955-60) Kirby Unleashed by Steve Sherman and Mark Evanier (1971) Jack Kirby presentation pieces (ME965-969)

Due to Susan's ongoing health issues, defendants reserve the right to designate her deposition transcript if the need arises.

1

10. 11.

John Morrow's expert report submitted to plaintiffs on November 4, 2010 Fantastic Four-The Lost Adventure No. 1 (Exhibit to February 25, 2011

Declaration of John Morrow) 12. Plaintiffs' Response to Defendants' First Set of Requests for Admission

served on December 20, 2010 13. Plaintiffs' Response to Defendants' Second Set of Requests for Admission

served on December 27, 2010 14. Plaintiffs' Response to Defendants' First Set of Interrogatories served on

October 28, 2010 15. Plaintiffs' Response to Defendants' Second Set of Interrogatories served

on December 20, 2010 16. Six large pencil drawings by Jack Kirby for The Hulk that were in the possession of Larry Lieber and produced at his January 7, 2011 deposition in response to defendants' subpoena 17. Article entitled "Kirby's Gamma Rays: Alpha to Omega!- An Ultra-Rare

Find from 1962" from The Jack Kirby Collector No. 41 (Fall 2004) (Exhibit 6 at January 7, 2011 deposition of Larry Lieber) 18. Agreement between Marvel Characters, Inc. and Lisa R. Kirby, as

administrator of the estate of Jack Kirby, dated July 7, 2006 (K1477) 19. Agreement between Marvel Characters, Inc. and Lisa R. Kirby, as

administrator of the estate of Jack Kirby, dated December 23, 2008 (K1502-1512) 20. Agreement between Marvel Characters, Inc. and Lisa R. Kirby, as

administrator of the estate of Jack Kirby, dated November 3, 2008 (K1485-1492). 21. Article entitled "Fantastic Four #108: Jack's Way" from The Collected

Jack Kirby Collector, Volume 1 (K805-809)

2

22. 23. (K1789-90) 24.

Don Heck notebooks (K1926-1971) Don Heck Release Transfer and Assignment for Artwork or Manuscript

Five Fabulous Decades of the World's Greatest Comics: Marvel" by Les

Daniels (1991) which was exhibit 38 at the December 8, 2010 deposition of Stan Lee 25. 26. 18419) 27. The Jack Kirby Chronology 1950-1959; 1960-1964 (Exhibit to March 25, The book Jack Kirby Checklist Gold Edition (2008) (JM 309-440) The book The Art of Jack Kirby by Roy Wyman (1992) (MARVEL18249-

2011 Declaration of Marc Toberoff) 28. 29. (JM221-22) 30. Article entitled "Kirby Gets Cracked" from The Collected Jack Kirby Stan's Soapbox, February 1970 (JM115) Article entitled "They Were Aces" from The Jack Kirby Collector No. 25

Collector, Volume 5 31. Article entitled "The Highs and Lows of Henry Pym" from The Collected

Jack Kirby Collector, Volume 4 (K1295-97) 32. 1412) 33. Jack Kirby Interview (K01192-1199) from The Collected Jack Kirby Jack Kirby Interview from The Jack Kirby Collector, No. 22 (K1407

Collector, Volume 4 34. Jack Kirby Interview (pages 173-177) from The Collected Jack Kirby

Collector, Volume 5 35. Jack Kirby Interview (pages 43-57) from The Collected Jack Kirby

Collector, Volume 6 36. 37. Jack Kirby at the San Diego Comic Con 1975 (K1458-66) Article entitled "The Monster of Moraggia" from The Collected Jack 3

Kirby Collector, Volume 3 38. 39. Monster story drawings by Jack Kirby (ME950-54; 970-976) Checks issued in 1974 and 1975 to freelance artist Dick Ayers by

plaintiffs' predecessors (MARVEL14596-14620) 40. 41. Checks purportedly issued to Jack Kirby in 1986 (Marvel 13791, 18773) 1987 checks issued to Jack Kirby, Steve Ditko, and Ernie Colon

(MARVEL14553-55) 42. Article entitled "Would You Like to See My Etchings?" from the The

Collected Jack Kirby Collector, Volume 2 (K857-861) 43. Agreement dated November 5, 1969 between Joe Simon and Magazine

Management Co., Inc. (Exhibit to March 25, 2011 Declaration of Marc Toberoff) 44. Agreement between John Romita and Marvel Comics Group dated May

19, 1978 (MARVEL8187) 45. Agreement between Roy Thomas and Marvel Comics Group dated June 1,

1978 (MARVEL8220) 46. 47. Artwork Release between Jack Kirby and Marvel Comics Group (ME563) Agreement between Jack Kirby and Marvel Comics Group regarding

return of Artwork (MARVEL13635-44) 48. 49. 50. 51. 52. Origins of Marvel Comics by Stan Lee (1974) Son of Origins of Marvel Comics by Stan Lee (1975) Superhero Women by Stan Lee (1977) Reprint anthology called The Fantastic Four, by Stan Lee (1979) Challengers of the Unknown comic book, No.1 (Exhibit to March 25,

2011 Declaration of Marc Toberoff) 53. IGN interview with Stan Lee (June 26-30, 2000) (Exhibit 43 at 12/8/10

Stan Lee Deposition)

4

54. Deposition) 55. 56.

Alter Ego No. 74, December 2007 (Exhibit 33 at 12/8/10 Stan Lee

The Incredible Hulk by Stan Lee (1978) Transcript of Stan Lee and Jack Kirby Interview on WBAI radio on March

3, 1967 (Exhibit 36 at 12/8/10 Stan Lee Deposition) 57. 88) 58. Comic Book Marketplace No. 61, July 1998 (Exhibit 37 at 12/8/10 Stan Transcript of August 12, 1968 Stan Lee Interview on WBAI Radio (JM76-

Lee Deposition) 59. Article entitled "Stan Lee: It's a Marvelous Life" (Exhibit 39 at 12/8/10

Stan Lee Deposition) 60. David Anthony Kraft's Comics Interview No. 5 , July 1983 (Exhibit 40 at

12/8/10 Stan Lee Deposition) 61. Deposition) 62. David Anthony Kraft's Comics Interview, No. 85 (Exhibit 44 at 12/8/10 The Fantastic Four by Stan Lee (1979) (Exhibit 41 at 12/8/10 Stan Lee

Stan Lee Deposition) 63. Court opinion dated November 6, 2000 for Case No. 97-638-RRM

(Exhibit 46 at 12/8/10 Stan Lee Deposition) 64. 65. Stan Lee Conversations, Edited by Jeff McLaughlin (2007) Excelsior!: The Amazing Life of Stan Lee (2002) (Exhibit 48 at 12/8/10

Stan Lee Deposition) 66. 67. 68. 69. 70. The Collected Jack Kirby Collector, Volume 1 (Entire book) The Collected Jack Kirby Collector, Volume 2 (Entire book) The Collected Jack Kirby Collector, Volume 3 (Entire book) The Collected Jack Kirby Collector, Volume 4 (Entire book) The Collected Jack Kirby Collector, Volume 5 (Entire book) 5

71. 72. 73.

The Collected Jack Kirby Collector, Volume 6 (Entire book) The Collected Jack Kirby Collector, Volume 7 (Entire book) Article entitled "Jack Kirby, 76; Created Comic Book Superheroes" from

The New York Times, dated February 8, 1994 (Exhibit to March 25, 2011 Declaration of Marc Toberoff) 74. Article entitled "Jack Kirby: The Abandoned Hero" from The Los

Angeles Times, dated September 25, 2009 (Exhibit to March 25, 2011 Declaration of Marc Toberoff) 75. Article entitled "Marvel vs. Jack Kirby" from The Los Angeles Times

dated January 8, 2010 (Exhibit to March 25, 2011 Declaration of Marc Toberoff) 76. George (2002) 77. 78. The book entitled Kirby Five-Oh!, edited by John Morrow (2008) The book entitled Maximum Fantastic Four, edited by Ruwan Jayatilleke The book entitled The Comics Journal Library: Jack Kirby edited by Milo

(2005) (Entire book) 79. 80. The Comics Journal No. 134, February 1990 Article entitled "...And Now Spiderman and the Marvel Comics Group"

by Mike Baron from Creem Magazine (April 1973) (THOM3202-3209) 81. 82. 83. 750-755) 84. Article entitled "Frank Miller Interview" from The Collected Jack Kirby Article entitled "Jack Kirby" from Comics Interview (K1432-1445) Declaration of Donald S. Engel dated November 12, 1980 (ME839-904) Declaration of Stephen Gerber dated December 24, 1980 (ME709-728;

Collector, Volume 4 (K1218-23) 85. Article entitled "Neal Adams Interview" from The Collected Jack Kirby

Collector, Volume 4 (K1274; 1281) 86. Jack Kirby artwork (K10-13, 61, 63-65, 68-69, 72) 6

87. 88. 89. 90. 91. 92. 93. 94. (ME169) 95. 192) 96. 97. (ME695-706) 98. 99. 100. 101.

Last Will and Testament of Jack Kirby (K1589-1601) Living Trust of Rosalind Kirby (K1602-1711) The Comics Journal No. 167 (K1739-1759) Newsletter entitled "The Merry Marvel Messenger" (K1767-70) Pamphlet for "The Jack Kirby Surprise Party" (1775-1784) Artwork Release (unsigned draft) (ME154-163) Artwork Release signed by John Romita (MARVEL18212) Article entitled "...the Artist waives any claim the Artist may have..."

Document entitled "Steranko on Kirby: Remembering the King" (ME187-

Document entitled "Jack Kirby: A Celebration" (ME233-34) July 13, 1995 letter and script re: Stan Lee Biography television program

October 19, 1995 letter from Marvel to Mark Evanier (ME649-51) April 6, 1995 letter from DC Comics to Mark Evanier (ME641) Jack Kirby notes (ME628-631) Agreement dated January 19, 1972 between Stan Lee and Cadence

Industries Corporation (MARVEL14654-57) 102. Stan Lee Employment Agreement dated as of November 1, 1998

(MARVEL7134-7144) 103. 104. Memorandum re: Stan Lee compensation (MARVEL12179) Settlement Agreement dated April 20, 2005 between Stan Lee and Marvel

Enterprises, Inc. (MARVEL18176-79) 105. 106. Affidavit of Stan Lee dated June 11, 2007 (MARVEL16126-16140) Agreement dated as of May 2, 2008 between Marvel Entertainment, Inc.

and Stan Lee (MARVEL16141-42) 7

107.

Settlement Agreement between Stan Lee and Marvel Enterprises dated

April 20, 2005 (MARVEL18176-79) 108. Agreement dated March 20, 2006 between POW Entertainment and Silver

Creek Pictures, Inc. (LEE409-411) 109. 110. (LEE201-212) 111. 112. (LEE0169-70) 113. Agreement dated June 11, 2007 between Marvel Entertainment Inc. and Stock Purchase Agreement dated December 31, 2009 (LEE174-84) Article entitled "POW! Entertainment Expands Ties with Disney" Fourth Amendment to POW Agreement dated as of May 2, 2008 Fifth Amendment to POW Agreement dated as of December 18, 2009

Stan Lee (MARVEL16161-64) 114. Letter agreement dated January 14, 2010 between Stan Lee and Marvel

Entertainment, Inc. (MARVEL8901) 115. Agreement dated February 3, 2009 between Marvel Entertainment Inc.

and Stan Lee (MARVEL16157-16160) 116. Agreement dated May 2, 2008 between Marvel Entertainment, Inc. and

Stan Lee (MARVEL16141-42) 117. Agreement dated November 14, 2001 between John Romita, Sr. and

Marvel Enterprises, Inc., (MARVEL9488-9494 118. Agreement dated March 1, 1996 between John Romita and Marvel

Entertainment Group (MARVEL9506-9512) 119. Agreement dated January 1, 1994 between John Romita and Marvel

Entertainment Group (MARVEL9501-9505) 120. Book entitled Alter Ego Presents: John Romita...and All that Jazz!

(2007) by Roy Thomas and Jim Amash (ROM362-555). 121. Comic Book Artists Collection, Volume 2 (THOM3256-70) 8

122.

Comic Book Artist No. 6 article - "John Romita Sr.: Spidey's Man,

Yakkin' with Marvel's (de facto) 70s Art Director" (THOM3260-70) 123. The book entitled The Art of John Romita (1996) (Exhibit 8 of 10/21/10

Deposition of John Romita, Sr.) 124. Agreement dated October 29, 2011 between Roy Thomas and Marvel

Enterprises (MARVEL8967-8973) 125. Deposition Transcript of Roy Thomas (Exhibit 16 of 10/26/10 Roy

Thomas Deposition) 126. Comic Book Artist Collection Volume 1 (Exhibit 19 of 10/26/10 Roy

Thomas Deposition) 127. Letter dated August 18, 1974 from Roy Thomas to Jerry Bails (Exhibit 20

of 10/26/10 Roy Thomas Deposition) 128. Deposition) 129. Deposition) 130. Article entitled "Comic Book Marketplace" (Exhibit 24 of 10/26/10 Roy Comics Journal No. 61, Winter 1981 (Exhibit 22 of 10/26/10 Roy Thomas Comics Journal No. 56, May 1980 (Exhibit 21 of 10/26/10 Roy Thomas

Thomas Deposition) 131. 132. Dr. Strange Comic Excerpts (THOM2623-2627) Declaration of Roy William Thomas, Jr. dated 7/22/98 (Exhibit 26 of

10/27/10 Roy Thomas Deposition) (THOM2646-2647) 133. Declaration of Roy Thomas dated 7/31/98 (Exhibit 26 of 10/27/10 Roy

Thomas Deposition) (MARVEL16495-97) 134. Agreement dated February 1, 2007 between Marvel Entertainment Inc.

and Florence Steinberg (MARVEL16556-62) 135. Agreement dated February 1, 2008 between Marvel Entertainment Inc.

and Florence Steinberg (MARVEL16563-69) 9

136. (ME530-535) 137. 138.

Transcript of conversation with Sales Tax Department, New York State

April 17, 1986 letter from Neal Adams to Marvel (MARVEL18746-47) Article entitled "Art vs. Commerce" by John Morrow from The Collected

Jack Kirby Collector, Volume 6 139. 140. Document entitled "Statement of Jack Kirby" (K1560) Letter dated November 19, 1985 from DC Comics to The Comics Journal

(MARVEL18764) 141. Article entitled "Hour Twenty-Five" from The Collected Jack Kirby

Collector, Volume 4 142. Article entitled "The Never Ending Question: Lee or Kirby" from The

Collected Jack Kirby Collector, Volume 4 143. Article entitled "Jack Kirby Interview" from The Collected Jack Kirby

Collector, Volume 1 144. Article entitled "Wow-What an Interview" from The Collected Jack Kirby

Collector, Volume 2 145. Article entitled "Jack Kirby Interview" from The Collected Jack Kirby

Collector, Volume 6 146. Article entitled "Jack Kirby ­ The Master of Comic Book Art" from The

Collected Jack Kirby Collector, Volume 1 147. Article entitled "A Talk with Artist-Writer-Editor Jack Kirby" from The

Collected Jack Kirby Collector, Volume 4 148. Article entitled "A Failure to Communicate: Part Two" from The

Collected Jack Kirby Collector, Volume 5 149. 150. 151. Artwork release by Stan Lee dated January 24, 1979 (MARVEL13830) Artwork release by Jack Kirby dated January 24, 1979 (MARVEL13831) Artwork chart (MARVEL18507-591) 10

152.

Document entitled "Introduction by John Morrow" (Exhibit 24 of 1/10/11

John Morrow Deposition) 153. 154. Jack Kirby Collector No. 54 The Masters of the Comic Book Art-

youtube.com/watch?v=M5OMjdsh_iw (Exhibit to March 25, 2011 Declaration of Marc Toberoff) 155. Hour 25 Interview with Jack Kirby Parts 1-7

youtube.com/watch?v=g646YOWKVag; youtube.com/watch?v=Typ4w1moaXo&NR=1; youtube.com/watch?v=u5RFwvGXIw&feature=related; youtube.com/watch?v=6brVdKs3sk&feature=related; youtube.com/watch?v=4sur_bod7Oo&feature=related; youtube.com/watch?v=rbTrubHCsb4&feature=related; youtube.com/watch?v=hIAidJLoyf4&feature=related (Exhibit to March 25, 2011 Declaration of Marc Toberoff) 156. Writers and Artists Agreement between Jack Kirby and Marvel Comics

Group dated March 24, 1975 (MARVEL14564-14571) 157. Agreement between Gene Colan and Marvel Comics Group dated May 30,

1978 (MARVEL9107) 158. Writers and Artists Agreement between Gene Colan and Marvel Comics

Group dated March 22, 1975 (MARVEL9076-9083) 159. Agreement between Gene Colan and Marvel Comics Group dated

February, 1977 (MARVEL9097-9099) 160. Agreement between Roy Thomas and Marvel Comics Group dated

September 1, 1974 (MARVEL9841-9847) 161. Agreement between Roy Thomas and Marvel Comics Group dated August

27, 1976 (MARVEL8974-8982)

11

162.

Agreement between Roy Thomas and Marvel Comics Group dated March

7, 1977 (MARVEL8984-8986) 163. Letter from James E. Galton to Roy Thomas dated February 24, 1978

(MARVEL8983)

12