Bourne Co. v. Twentieth Century Fox Film Corporation et al
Plaintiff Bourne Co. alleged that defendants infringed plaintiff's copyright interests in the song "When You Wish Upon a Star." Defendants allegedly created an episode of "The Family Guy" titled "When You Wish Upon a Weinstein" that included a song "I Need a Jew." The song coupled anti-Semitic lyrics with plaintiff's song.
| Bourne Co. |
| Twentieth Century Fox Film Corporation, Fox Broadcasting Company, Twentieth Century Fox Television, Inc., Twentieth Centruy Fox Home Entertainment, Inc., Fuzzy Door Productions, Inc., The Cartoon Network, Inc., Seth McFarlane and Walter Murphy |
| 1:2007cv08580 |
| October 3, 2007 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A. Batts |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 50 STIPULATION IT IS HEREBY STIPULATED AND AGREED that defendants motion for attorneys fees and costs filed on March 30, 2009 is hereby withdrawn with prejudice. (Signed by Judge Deborah A. Batts on 5/4/09) (mme) |
| Filing 49 STIPULATION, re defendants motionfor attorneys' fees and costs: plaintiff shall file its opposition on or before 4/27/09 and defendants shall file their reply brief, if any, on or before 5/4/09. ( Reply due by 5/4/2009. Response due by 4/27/2009) (Signed by Judge Deborah A. Batts on 4/13/09) (cd) |
| Filing 48 DECLARATION of Jonathan Zavin in Support re: 46 MOTION for Attorney Fees.. Document filed by Twentieth Century Fox Film Corporation. (Attachments: # 1 Exhibit A: Bill of Costs, # 2 Exhibit B: Excerpts from Deposition Transcript of Jeremiah Horan, # 3 Exhibit C: Exceprts from Deposition Transcript of Karyn Soroka, # 4 Exhibit D: Excerpts from Deposition Transcript of Sandra Wilbur)(Strauss, Jonathan) |
| Filing 47 MEMORANDUM OF LAW in Support re: 46 MOTION for Attorney Fees.. Document filed by Twentieth Century Fox Film Corporation. (Strauss, Jonathan) |
| Filing 46 MOTION for Attorney Fees. Document filed by Twentieth Century Fox Film Corporation.(Strauss, Jonathan) |
| Filing 45 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated March 16, 2009, defendants' motion for summary judgment is granted and plaintiff's cross-motion for summary judgment is denied; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 3/17/09) (Attachments: # 1 notice of right to appeal)(ml) |
Filing 44
MEMORANDUM AND ORDER For the reasons set forth in this order, Defendants motion for summary judgment is Granted. Plaintiffs cross-motion for summary judgment is denied. The Clerk of the Court is directed to terminate all pending motions and close the docket in this case.. (Signed by Judge Deborah A. Batts on 3/16/09) (mme)
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| Transmission to Judgments and Orders Clerk. Transmitted re: 44 Order on Motion for Summary Judgment,,,, to the Judgments and Orders Clerk. (mme) |
| Filing 43 AMENDED REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment., 28 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Rimokh, Jacques) |
| Filing 42 ENDORSED LETTER addressed to Judge Deborah A. Batts from Paul M. Fakler dated 6/5/08 re: Plaintiff request the Courts permission to file a standard, ten-page reply brief in support of Plaintiffs cross-motion for summary judgment. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 6/10/08) (pl) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment., 28 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Attachments: # 1 Opinion in Lennon, et al. v. Premise Media Corp, L.P., et al., dated 6/2/08)(Rimokh, Jacques) |
| Filing 40 COUNTER STATEMENT TO 35 Rule 56.1 Statement. Document filed by Twentieth Century Fox Film Corporation. (Rimokh, Jacques) |
| Filing 39 DECLARATION of Lawrence Ferrara, Ph.D. in Support re: 16 MOTION for Summary Judgment., 28 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Rimokh, Jacques) |
| Filing 38 DECLARATION of Jacques Rimokh in Support re: 16 MOTION for Summary Judgment., 28 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Attachments: # 1 Exhibit A: Plaintiffs Responses and Objections to Defendant Twentieth Century Fox Film Corporations First Request for the Production of Documents, dated 2/22/08, # 2 Exhibit B: Excerpts from Deposition Transcript of Ricky Blitt, # 3 Exhibit C: Excerpts from Deposition Transcript of Lawrence Ferrara, # 4 Exhibit D: Excerpts from Deposition Transcript of Jeremiah Horan (Portions Filed Under Seal), # 5 Exhibit E: Excerpts from Deposition Transcript of Michael Nichols Lazzo, # 6 Exhibit F: Excerpts from Deposition Transcript of Seth MacFarlane, # 7 Exhibit G: Excerpts from Deposition Transcript of Walter Murphy, # 8 Exhibit H: Excerpts from Deposition Transcript of Linda Shima-Tsuno, # 9 Exhibit I: Excerpts from Deposition Transcript of Lianne Siegal Shattuck, # 10 Exhibit J: Excerpts from Deposition Transcript of Karyn Soroka, # 11 Exhibit K: Excerpts from Deposition Transcript of Teresa Tingle-Heppner, # 12 Exhibit L: Excerpts from Deposition Transcript of Sandra Wilbur, # 13 Exhibit M: Excerpts from Deposition Transcript of David Zuckerman, # 14 Exhibit N: Excerpts from Deposition Transcript of Scott Grodin, # 15 Exhibit O: Excerpt from The Walt Disney Company's official website. The Walt Disney Family Museum, The Golden Age of Animation, http://disney.go.com/disneyatoz/familymuseum/exhibits/articles/goldenage/ (last visited May 31, 2008) ([T]he music in Pinocchio was)(Rimokh, Jacques) |
| Filing 37 DECLARATION of Sandy Wilbur. Document filed by Bourne Co.. (djc) |
| Filing 35 RULE 56.1 STATEMENT. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 34 DECLARATION of Paul M. Fakler in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibits E-G, # 6 Exhibit Exhibit H, # 7 Exhibit Exhibit I, # 8 Exhibit Exhibits J-K, # 9 Exhibit Exhibits L-M, # 10 Exhibit Exhibits N-O)(Fakler, Paul) |
| Filing 33 DECLARATION of Sandy Wilbur in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Attachments: # 1 Exhibit Exhibits A-G, # 2 Exhibit Exhibits H-M)(Fakler, Paul) |
| Filing 32 DECLARATION of Marco Berrocal in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Attachments: # 1 Exhibit Exhibits A-C, # 2 Exhibit Exhibits D-E, # 3 Exhibit Exhibit F, # 4 Exhibit Exhibit G-H)(Fakler, Paul) |
| Filing 31 DECLARATION of Karyn Soroka in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 30 DECLARATION of Jeremiah Horan in Support re: 28 MOTION for Summary Judgment.. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 29 MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment. ON Liability and in Opposition to Defendants' Motion for Summary Judgment on Fair Use. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 28 MOTION for Summary Judgment. Document filed by Bourne Co.. Responses due by 6/4/2008(Fakler, Paul) |
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Filing 27
STIPULATION AND ORDER GOVERNING THE PRODUCTION OF CONFIDENTIAL DOCUMENTS AND INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Deborah A. Batts on 5/22/08) (tro)
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| Filing 26 ENDORSED LETTER addressed to Judge Deborah A. Batts from The Law Firm of Moses & Singer, LLP dated 5/21/08 re: Counsel for Plaintiff ask that the Court allow Plaintiff to file a handful of documents designated as confidential by Defendants without the need to file under seal. ENDORSEMENT: DENIED. (Signed by Judge Deborah A. Batts on 5/22/08) (tro) |
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Filing 25
ENDORSED LETTER addressed to Judge Deborah A. Batts from Julie Stark dated 5/20/2008 re: Counsel writes requesting permission to hand file a hard copy set of the exhibit, including the CD. ENDORSEMENT: SO ORDERED. (Signed by Judge Deborah A. Batts on 5/20/2008) (tve)
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| Filing 24 ENDORSED LETTER addressed to Judge Deborah A. Batts from Paul Fakler dated 4/29/08 re: Request for a 25 to 40 page extension for plaintiff's combined memorandum in opposition to defendants' motion for summary judgment/cross motion for summary judgment and that defendants have 10-25 page for their reply brief. ENDORSEMENT: So ordered. (Signed by Judge Deborah A. Batts on 4/30/08) (cd) |
| Filing 23 DECLARATION of Lawrence Ferrara in Support re: 16 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Attachments: # 1 Exhibit A: Curriculum Vitae, # 2 Exhibit B: Report dated 2/26/08)(Zavin, Jonathan) |
| Filing 22 DECLARATION of Ricky Blitt in Support re: 16 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Zavin, Jonathan) |
| Filing 21 DECLARATION of David Zuckerman in Support re: 16 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Zavin, Jonathan) |
| Filing 20 DECLARATION of Seth MacFarlane in Support re: 16 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Attachments: # 1 Exhibit A: DVD of Family Guy Episode When You Wish Upon a Weinstein, # 2 Exhibit B: DVD of Walt Disneys Pinocchio, # 3 Exhibit C: Video Screen Captures of Family Guy Episode When You Wish Upon a Weinstein, # 4 Exhibit D: DVD of Family Guy Presents Stewie Griffin: The Untold Story, # 5 Exhibit E: DVD of Clip of Walt Disney from Family Guy Presents Stewie Griffin: The Untold Story)(Zavin, Jonathan) |
| Filing 19 DECLARATION of Jacques Rimokh in Support re: 16 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Attachments: # 1 Exhibit A: Plaintiffs Responses to Defendant Twentieth Century Fox Film Corporations First Request for Admissions dated 2/27/08, # 2 Exhibit B: Excerpt from Book Entitled Walt Disney The Triumph of The American Imagination, # 3 Exhibit C: Excerpt from Book Entitled Walt Disney Hollywoods Dark Prince, # 4 Exhibit D: Internet Article Entitled Was Walt Disney a Fascist?, # 5 Exhibit E: Excerpt from Plaintiffs Deposition Transcript dated 2/29/08, # 6 Exhibit F: Excerpt from Deposition Transcript of Sandra Wilbur dated 3/19/08, # 7 Exhibit G: Excerpt from Deposition Transcript of Karyn Soroka dated 3/4/08)(Zavin, Jonathan) |
| Filing 18 RULE 56.1 STATEMENT. Document filed by Twentieth Century Fox Film Corporation. (Zavin, Jonathan) |
| Filing 17 MEMORANDUM OF LAW in Support re: 16 MOTION for Summary Judgment.. Document filed by Twentieth Century Fox Film Corporation. (Zavin, Jonathan) |
| Filing 16 MOTION for Summary Judgment. Document filed by Twentieth Century Fox Film Corporation. Responses due by 5/23/2008(Zavin, Jonathan) |
| Filing 15 ENDORSED LETTER addressed to Judge Deborah A. Batts from Jacques Rimokh dated 4/1/08 re: Counsel for Defendants request that the deadline for service of reply papers on the summary judgment motion be adjourned three business (3) days to Wednesday, June 4, 2008. ENDORSEMENT: GRANTED. (Signed by Judge Deborah A. Batts on 4/7/08) (tro) |
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Filing 14
SCHEDULING ORDER: Liability discovery, except for good cause explicitly set forth by letter and shown, all discovery, including expert discovery shall be commenced in time to be completed by 3/17/08. A party contemplating making a dispositive motion must notify opposing counsel by 4/18/08. Defendants' to file summary judgment motion 4/18/08; plaintiffs to respond 5/23/08; defendants to reply 5/30/08. Plaintiffs may seek to reply to defendants response to plaintiffs cross motion made in their response. If Court agrees it would be helpful to case Court will grant request. Estimated trial time is 4 days. Jury trial. (Signed by Judge Deborah A. Batts on 1/18/08) (dle)
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| Filing 13 REPORT of Rule 26(f) Planning Meeting.(Zavin, Jonathan) |
| Filing 12 ENDORSED LETTER addressed to Judge Deborah A. Batts from Jonathan Zavin dated 12/21/07 re: counsel for defendant requests a two week adjournment of the initial conference. ENDORSEMENT: Rule 16 Conference re-scheduled for 1/18/08 at 11:30 a.m. Rule 26(f) Conference to take place before 1/18/08. (Signed by Judge Deborah A. Batts on 1/2/08) (dle) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fox Entertainment Group, Inc. News Corp. Liberty Media Corporation Fuzzy Door Productions, Inc. TEN Network Holding, Inc. Turner Broadcasting System, Inc. Time Warner, Inc. as Corporate Parent. Document filed by Twentieth Century Fox Film Corporation.(Rimokh, Jacques) Modified on 11/20/2007 (Rodriguez, Tiffany). |
| Filing 10 ANSWER to Complaint. Document filed by Twentieth Century Fox Film Corporation.(Rimokh, Jacques) |
| Filing 9 SUMMONS RETURNED EXECUTED. The Cartoon Network, Inc. served on 10/16/2007, answer due 11/5/2007. Service was accepted by Michelle Martin At CT Corporation System, as Registered Agent. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 8 AFFIDAVIT OF SERVICE. Fuzzy Door Productions, Inc. served on 10/5/2007, answer due 10/25/2007. Service was accepted by Todd Connors. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 7 AFFIDAVIT OF SERVICE. Twentieth Centruy Fox Home Entertainment, Inc. served on 10/5/2007, answer due 10/25/2007. Service was accepted by Patrick T. Gilham, Senior Paralegal. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 6 AFFIDAVIT OF SERVICE. Twentieth Century Fox Film Corporation served on 10/5/2007, answer due 10/25/2007. Service was accepted by Patrick T. Gilham, Senior Paralegal. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 5 AFFIDAVIT OF SERVICE. Fox Broadcasting Company served on 10/5/2007, answer due 10/25/2007. Service was accepted by Patrick T. Gilham, Senior Paralegal. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 4 SUMMONS RETURNED EXECUTED. The Cartoon Network, Inc. served on 10/4/2007, answer due 10/24/2007. Service was accepted by Stephanie Reese at National Registered Agents, Registered Agents for The Cartoon Network, Inc.. Document filed by Bourne Co.. (Fakler, Paul) |
| Filing 3 NOTICE OF APPEARANCE by Paul Matthew Fakler on behalf of Bourne Co. (Fakler, Paul) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bourne Co.(laq) |
| Filing 1 COMPLAINT against Fuzzy Door Productions, Inc., The Cartoon Network, Inc., Seth McFarlane, Walter Murphy, Twentieth Century Fox Film Corporation, Fox Broadcasting Company, Twentieth Century Fox Television, Inc., Twentieth Centruy Fox Home Entertainment, Inc. (Filing Fee $ 350.00, Receipt Number 628623)Document filed by Bourne Co.(laq) |
| Magistrate Judge Henry B. Pitman is so designated. (laq) |
| Case Designated ECF. (laq) |
| SUMMONS ISSUED as to Fuzzy Door Productions, Inc., The Cartoon Network, Inc., Seth McFarlane, Walter Murphy, Twentieth Century Fox Film Corporation, Fox Broadcasting Company, Twentieth Century Fox Television, Inc., Twentieth Centruy Fox Home Entertainment, Inc. (laq) |
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