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Gilbert v. New Line Productions

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


November 23, 2009

SHERI H. GILBERT, AN INDIVIDUAL, PLAINTIFF,
v.
NEW LINE PRODUCTIONS, INC., A CALIFORNIA CORPORATION; NEW LINE HOME ENTERTAINMENT, INC., A NEW YORK CORPORATION; NEW LINE INTERNATIONAL RELEASING, INC., A CALIFORNIA CORPORATION; NEW LINE TELEVISION, INC., A CALIFORNIA CORPORATION; NEW LINE CINEMA CORPORATION, A DELAWARE CORPORATION; TURNER BROADCASTING SYSTEM, INC., A GEORGIA CORPORATION; WARNER HOME VIDEO INC., A DELAWARE CORPORATION; WARNER BROS. HOME ENTERTAINMENT, INC., A DELAWARE CORPORATION, FORMERLY D/B/A WARNER HOME VIDEO, INC.; WARNER BROS. ENTERTAINMENT INC., A DELAWARE CORPORATION; WARNER COMMUNICATIONS INC., A DELAWARE CORPORATION; TIME WARNER, INC., A DELAWARE CORPORATION; BENDER-SPINK, INC., A CALIFORNIA CORPORATION; CHRIS BENDER, INDIVIDUALLY AND AS AN AGENT OF BENDER-SPINK, INC.; J.C. SPINK, INDIVIDUALLY AND AS AN AGENT OF BENDER-SPINK, INC.; SPRING CREEK PRODUCTIONS, INC., A CALIFORNIA CORPORATION; PAULA WEINSTEIN, INDIVIDUALLY AND AS AN AGENT OF SPRING CREEK PRODUCTIONS, INC.; AVERY PIX, INC., A CALIFORNIA CORPORATION; AVERY PRODUCTIONS, INC., A CALIFORNIA CORPORATION; KUMAR MOBILIENGESELLSCHAFT MBH & CO. PROJEKT NR. 1 KG, A GERMAN COMPANY; MICHAEL FLYNN; NUYORICAN PRODUCTIONS, INC., A CALIFORNIA CORPORATION; JULIO CARO; ROBERT LUKETIC; FIRECRACKER PRODUCTIONS, INC., A CALIFORNIA CORPORATION; ANYA KOCHOFF, A/K/A ANYA KOCHOFF ROMANO, F/K/A ANYA KOCHOFF LANDES, INDIVIDUALLY AND AS AN AGENT OF FIRECRACKER PRODUCTIONS, INC.; WRITTEN IN STONE, INC., A CALIFORNIA CORPORATION; RICHARD LAGRAVENESE, INDIVIDUALLY AND AS AN AGENT OF WRITTEN IN STONE, INC.; JANE FONDA; JENNIFER LOPEZ, INDIVIDUALLY AND AS AN AGENT OF NUYORICAN PRODUCTIONS, INC.; MICHAEL VARTAN; WANDA SYKES; MIGUEL A. NUNEZ, JR.; VILLAGE ROADSHOW PICTURES ENTERTAINMENT INC., A DELAWARE CORPORATION; VILLAGE ROADSHOW, LTD, AN AUSTRALIAN CORPORATION; SANTA FE PRODUCTIONS NV, A BELGIAN PUBLIC LIMITED LIABILITY COMPANY, D/B/A PARADISO ENTERTAINMENT; PARADISO ENTERTAINMENT NEDERLANDS BV, A DUTCH PRIVATE LIMITED COMPANY; PARADISO HOME ENTERTAINMENT, A DUTCH COMPANY; ENTERTAINMENT FILM DISTRIBUTORS LTD, A BRITISH CORPORATION; METROPOLITAN FILMEXPORT, A FRENCH CORPORATION; CW MEDIA, INC., A CANADIAN CORPORATION, F/K/A ALLIANCE ATLANTIS COMMUNICATIONS INC., D/B/A MOTION PICTURE DISTRIBUTION LP; CW MEDIA SALES INC./CW VENTES MEDIA INC., A CANADIAN CORPORATION; CANWEST GLOBAL COMMUNICATIONS CORP., A CANADIAN CORPORATION; ALLIANCE FILMS, INC., A CANADIAN CORPORATION, F/K/A ALLIANCE ATLANTIS COMMUNICATIONS INC., D/B/A MOTION PICTURE DISTRIBUTION LP; YLEISRADIO OY, A/K/A YLE, A FINNISH COMPANY; FS FILM OY, A FINNISH COMPANY; DISTRIBUTION COMPANY, S.A., AN ARGENTINEAN COMPANY; THE ENDEAVOR AGENCY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; ADRIANA ALBERGHETTI, INDIVIDUALLY AND AS AN AGENT OF THE ENDEAVOR AGENCY, LLC; THE INDEPENDENT FEATURE PROJECT, INC., A NEW YORK CORPORATION; FILM INDEPENDENT, INC., A CALIFORNIA CORPORATION, F/K/A INDEPENDENT FEATURE PROJECT/WEST; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable R. Gary Klausner

NOTE: CHANGES MADE BY THE COURT

JUDGMENT DISMISSING PLAINTIFF'S SECOND AMENDED COMPLAINT Fed. R. Civ. Proc. 58

Trial Date: April 13, 2010

On November 16, 2009, by written Order (Docket Entry 421), this Court consolidated and granted three (3) motions of the Thirty-Four Defendants to dismiss the Second Amended Complaint of Plaintiff Sheri H. Gilbert ("Plaintiff") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.*fn1 The motions to dismiss were filed on behalf of certain of the Thirty-Four Defendants (Docket Entries 369, 374, 376), and all of the Thirty-Four Defendants joined in said motions (Docket Entries 379, 380, 381). Defendant Film Independent, Inc. ("Film Independent") joined in one of the motions (Docket Entry 404).

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that:

1. Pursuant to the Court's November 16, 2009 Order, which is incorporated herein by reference, Plaintiff's Second Amended Complaint against the Thirty-Four Defendants and Film Independent, and each cause of action therein, is dismissed in its entirety.

2. The Thirty-Four Defendants and Film Independent are the prevailing parties in this action and are entitled to their costs.

3. Requests for attorneys' fees may be made by regularly noticed motion to the Court, pursuant to Rule 54 of the Federal Rules of Civil Procedure and any other applicable rules and statutes, including Section 505 of the United States Copyright Act.

4. Requests for costs may be made by application to the Clerk of the Court, pursuant to Rule 54 of the Federal Rules of Civil Procedure, and any other applicable rules and statutes.

5. The Thirty-Four Defendants are awarded their attorneys' fees in this action in the amount of $_____________ and costs in this action in the amount of $_____________.

6. Film Independent is awarded its attorneys' fees in this action in the amount of $_____________ and costs in this action in the amount of $_____________.

Honorable R. Gary Klasuner United States District Judge


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