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Kelsey Grammer, et al v. the Artists Agency

CLOSED UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 19, 2011

KELSEY GRAMMER, ET AL., PLAINTIFFS,
v.
THE ARTISTS AGENCY, DEFENDANT.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER AND RENEWAL OF JUDGMENT

Application filed 12/20/10

Presently before the court is The Artists Agency ("TAA")'s application for a renewal of the judgment entered on December 21, 2000. Good cause being shown, the application is GRANTED.*fn1

It is hereby ORDERED, ADJUDGED and DECREED that the court's final judgment, entered December 21, 2000 is renewed as follows:

1. Grammer shall pay to TAA a commission of ten percent (10%) of any and all sums received (or to be received) by (or for the benefit of) Grammer in connection with Grammer's right to receive five percent (5%) of one hundred percent (100%) of the Adjusted Gross Receipts derived from the distribution and exploitation of the television series entitled "Frasier" (the "Series") pursuant to the November 14, 1995 agreement between Grammer and Paramount Pictures Corporation, Network Television Division ("Paramount"), referred to herein as Grammer's right to "back-end payments". This provision is subject to the following exceptions:

a. TAA is not entitled to commissions on the first $1,000,000 in back-end payments actually received by Grammer after his back-end advances are recouped by Paramount; and

b. TAA is not entitled to commissions for any Series year after the 1999-00 season, either for Grammer's cash compensation or back-end payments;

2. Within ten (10) business days of their receipt, Grammer shall provide TAA with copies of any and all participation statements rendered by Paramount in connection with the Series, including any statements or estimates heretofore rendered to Grammer by Paramount;

3. TAA is not entitled to commissions on the additional cash components negotiated by WMA for the 1998-99 and 1999-00 seasons (which total approximately $15,000,000);

4. TAA shall recover from WMA the sum of $75,054 plus pre-award interest in the amount of $7,500 for a total award of $82,554;

5. TAA shall recover from Grammer the sum of $1,826,000 plus pre-award interest in the amount of $208,391 for a total award of $2,034,391; and

6. Interest shall accrue on the judgment amounts specified above (or on any unpaid portion of the judgment amount) at the legal rate pursuant to 28 U.S.C. § 1961, until the judgment is satisfied.

IT IS SO ORDERED.


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