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Spartan Home Entertainment, LLC v. Boondock Saints

August 6, 2009

SPARTAN HOME ENTERTAINMENT, LLC, PLAINTIFF,
v.
BOONDOCK SAINTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; BOONDOCK WEB, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; CHRIS BRINKER, AN INDIVIDUAL; TROY DUFFY, AN INDIVIDUAL; DUFFY ENTERPRISES, INC., A CALIFORNIA CORPORATION , AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.
BOONDOCK SAINTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND TROY DUFFY, COUNTERCLAIMANTS,
v.
SPARTAN HOME ENTERTAINMENT, LLC, COUNTERDEFENDANT.



The opinion of the court was delivered by: Judge: Manuel L. Real

Magistrate Judge: Rosalyn M. Chapman

DEFENDANTS' PROPOSED STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

Date: TBD

Time: TBD

Courtroom: 8

Trial Date: September 22, 2009

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Plaintiff SPARTAN HOME ENTERTAINMENT LLC's Motion for Summary Adjudication; Defendants BOONDOCK SAINTS, LLC; CHRIS BRINKER; TROY DUFFY; and DUFFY ENTERPRISES, INC.'s Motion for Partial Summary Adjudication, Countermotion for Summary Judgment or Adjudication, and Motion for Summary Judgment on Plaintiff's Third and Fourth Causes of Action for Intentional Interference with Contractual Relations with FPLAC, LLC and Breach of Contract, came on regularly for hearing before this Court on July 27, 2009, the Honorable Manuel L. Real presiding.

Plaintiff was represented by Gregory Aldisert and Gregory Gabriel of Kinsella, Weitzman, Iser, Kump & Aldisert, LLC. Defendants were represented by Peter J. Bezek and Roger N. Behle of Foley, Bezek, Behle & Curtis, LLP.

The Court, having considered the points and authorities submitted by the parties, the declarations and exhibits thereto, the relevant pleadings and papers on file with the Court, and having heard the oral argument of counsel thereon, and having fully considered the law and the facts disclosed by this record, hereby makes the following findings of uncontroverted facts and conclusions of law:

STATEMENT OF UNCONTROVERTED FACTS

1. Plaintiff Spartan in this action was the defendant in the prior action.

2. The defendants in this action were the plaintiffs in the prior action or are their predecessors, successors, assignees or agents.

3. The first cause of action alleged by the plaintiffs in the prior action sought declaratory relief that the alleged 1997 transfer of rights from Franchise Pictures, Inc. to Spartan, related to the film entitled Boondock Saints, was unenforceable.

4. The parties, each sophisticated and represented by counsel, settled the prior action and signed a comprehensive release of ...


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