DISNEY ENTERPRISES, INC. et al v. ENTERTAINMENT THEATRE GROUP et al

Filing 95

OPINION/ORDER THAT UPON CONSIDERATION OF THE MOTION (#62) OF PLAINTIFFS AND COUNTERCLAIM-DEFENDANTS DISNEY ENTERPRISES, INC. AND MARVEL CHARACTERS, INC. TO DISMISS DEFENDANT ENTERTAINMENT THEATRE GROUP D/B/A AMERICAN MUSIC THEATRE'S AMENDED COUN TERCLAIMS WITH PREJUDICE; DISMISS INTERVENOR STAN LEE MEDIA, INC.'S INTERVENOR COMPLAINT WITH PREJUDICE; AND STRIKE CERTAIN AMENDED AFFIRMATIVE DEFENSES ASSERTED BY AMT, JAMES D. MARTIN, FREDERICK W. STEUDLER, JR. AND DWIGHT H. BRUBAKER; IT IS H EREBY ORDERED THAT THE MOTION IS GRANTED AS FOLLOWS: 1) THE AMENDED COUNTERCLAIMS FILED BY AMT AGAINST DISNEY AND MARVEL ARE DISMISSED WITH PREJUDICE. 2) SLMI'S INTERVENOR COMPLAINT IS DISMISSED WITH PREJUDICE. 3) THE AFFIRMATIVE DEFENSES PLE ADED BY DEFENDANTS, TO THE EXTENT THEY RELY ON SLMI'S PURPORTED OWNERSHIP OF SPIDER-MAN, ARE STRICKEN AND MAY NOT BE ASSERTED AS DEFENSES TO PLAINTIFFS' COMPLAINT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 10/29/14. 10/30/14 ENTERED AND COPIES MAILED AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DISNEY ENTERPRISES, INC., WONDERLAND
MUSIC COMPANY, INC., CAMERON
MACKINTOSH LTD., MARVEL
CHARACTERS, INC., and MUSIC THEATRE
INTERNATIONAL, LLC,
Plaintiffs,

CIVIL ACTION
NO. 13-5570

v.
ENTERTAINMENT THEATRE GROUP d/b/a
AMERICAN MUSIC THEATRE, JAMES D.
MARTIN, FREDERICK W. STEUDLER, JR., and
DWIGHT H. BRUBAKER,
Defendants
and
STAN LEE MEDIA, INC.,
Defendant/Intervenor.
________________________________________
ENTERTAINMENT THEATRE GROUP d/b/a
AMERICAN MUSIC THEATRE,
Counterclaim-Plaintiff
and
STAN LEE MEDIA, INC.,
Counterclaim-Plaintiff/Intervenor
v.
DISNEY ENTERPRISES, INC.; and MARVEL
CHARACTERS, INC.,
Counterclaim-Defendants.
ORDER
AND NOW, this 29th day of October, 2014, upon consideration of the Motion
(Docket #62) of Plaintiffs and Counterclaim-Defendants Disney Enterprises, Inc.
(“Disney”) and Marvel Characters, Inc. (“Marvel”) to: (1) dismiss Defendant

Entertainment Theatre Group d/b/a American Music Theatre (“AMT”)’s amended
counterclaims with prejudice; (2) dismiss Intervenor Stan Lee Media, Inc. (“SLMI”)’s
Intervenor Complaint with prejudice; and (3) strike certain amended affirmative defenses
asserted by AMT, James D. Martin, Frederick W. Steudler, Jr., and Dwight H. Brubaker
(collectively, “Defendants”), it is hereby ORDERED that the Motion is GRANTED as
follows:
1. The amended counterclaims filed by AMT against Disney and Marvel are
DISMISSED WITH PREJUDICE.
2. SLMI’s Intervenor Complaint is DISMISSED WITH PREJUDICE.
3. The Affirmative Defenses pleaded by Defendants, to the extent they rely
on SLMI’s purported ownership of Spider-Man, are stricken and may not
be asserted as defenses to Plaintiffs’ Complaint. 1

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

1

As noted and explained in the accompanying memorandum opinion, AMT’s First Amended Defense is
not stricken in its entirety as requested by Disney and Marvel.

2