Rudinplay, Inc. v. The Estate of Nelle Harper Lee et al Featured Case

The producer of the Broadway production of Harper Lee's "To Kill a Mockingbird" has filed a countersuit against the executor of the late author's estate. The original lawsuit filed by the executor in federal court in Alabama, alleges that the Broadway adaptation strays too far from the original text, in violation of the agreement between Lee (before her death) and Rudinplay. The production company alleges that the executor had ulterior motives in filing the lawsuit and that it cannot proceed with production with the uncertainty of litigation hanging over it.

Plaintiff: Rudinplay, Inc.
Defendant: The Estate of Nelle Harper Lee and Tonja B. Carter
Case Number: 1:2018cv03300
Filed: April 16, 2018
Court: New York Southern District Court
Office: Foley Square Office
County: Albany
Nature of Suit: Contract: Other
Cause of Action: 28:1332oc Diversity-Other Contract
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
April 25, 2018 27 Featured Case ORDER granting 25 Motion for Ellen Presley Proctor to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
April 25, 2018 26 Featured Case ORDER granting 24 Motion for Matthew H. Lembke to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (DN)
April 25, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Matthew H. Lembke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987150. Motion and supporting papers to be reviewed by Clerk's Office staff., 25 MOTION for Ellen Presley Proctor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987192. Motion and supporting papers to be reviewed by Clerk's Office staff.. The documents have been reviewed and there are no deficiencies. (jc)
April 25, 2018 25 MOTION for Ellen Presley Proctor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987192. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of Ellen Presley Proctor, # 3 Order for Admission Pro Hac Vice)(Proctor, Emily)
April 25, 2018 24 MOTION for Matthew H. Lembke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14987150. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Tonja B. Carter, The Estate of Nelle Harper Lee. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of Matthew H. Lembke, # 3 Order for Admission Pro Hac Vice)(Lembke, Matthew)
April 25, 2018 23 NOTICE OF APPEARANCE by Matthew H. Giger on behalf of Tonja B. Carter, The Estate of Nelle Harper Lee. (Giger, Matthew)
April 25, 2018 22 NOTICE OF APPEARANCE by John Jacob Rosenberg on behalf of Tonja B. Carter, The Estate of Nelle Harper Lee. (Rosenberg, John)
April 23, 2018 21 DECLARATION of Sara Slavin re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Slavin, Sara)
April 23, 2018 20 DECLARATION of Joey Parnes in Support re: 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Strauss, Jonathan)
April 23, 2018 19 DECLARATION of Jonathan Zavin in Support re: 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strauss, Jonathan)
April 23, 2018 18 MEMORANDUM OF LAW in Support re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Strauss, Jonathan)
April 23, 2018 17 AFFIDAVIT OF SERVICE of Complaint, Civil Cover Sheet, signed Order to Show Cause, Rudinplay, Inc.'s Memorandum of Law, Declaration of Scott Rudin with exhibits, Declaration of Jonathan Strauss with exhibits, a copy of the Individual Practices in Civil Cases of Analisa Torres, US District Judge for the SDNY served on Tonja B. Carter, Estate of Nelle Harper Lee on 04/23/2018. Service was accepted by Tonja B. Carter. Document filed by Rudinplay, Inc.. (Strauss, Jonathan)
April 23, 2018 16 Featured Case ORDER: Plaintiff, Rudinplay, Inc., moves for an order requiring that any documents or materials that reveal plot points of Plaintiff's proposed live stage adaptation of "To Kill a Mockingbird" (the "Play") be filed under seal. Rudin Decl. Paragraphs 24-26, ECF No. 12. Plaintiff's motion for a sealing order is DENIED without prejudice to renewal. If either party seeks to publicly file documents or materials that reveal the plot points of the Play, such as drafts of scripts or communications discussing the content of the Play, they shall first submit the materials to the Court in accordance with the procedures set forth in Rule IV.A of the Court's Individual Practices in Civil Cases. The Court will then determine whether redaction or sealing is appropriate. (Signed by Judge Analisa Torres on 4/23/2018) (ap) Modified on 4/23/2018 (ap). Modified on 4/24/2018 (ap).
April 20, 2018 15 Featured Case ORDER: On April 19, 2018, the Court ordered Plaintiff, Rudinplay, Inc., to, inter alia, serve on Defendants by 5:00 p.m. today, April 20, 2018, the declarations and memorandum of law supporting its motion for expedited discovery and expedited resolution of this action (the "Moving Papers") and the Court's April 19, 2018 Order (the "April 19 Order"). ECF No. 10. On April 20, 2018, Plaintiff notified the Court that it had made a number of attempts to serve the Moving Papers and the April 19 Order on Defendants without success, including by ce1tified mail, by email, and by process server to Defendant Tonja B. Ca1ter's home and place of business. Strauss Decl. Paragraphs 7- 9, ECF No. 14. Plaintiff asks the Court to deem these effo1ts to be good and sufficient service in satisfaction of the Court's April 19 Order. Id. Paragraph 10. Plaintiff's application for the Court to deem its service on Defendants sufficient is DENIED. By April 23, 2018, at 5:00 p.m., Plaintiff shall make a second attempt to serve the Moving Papers and the April 19 Order on Defendants by process server at Carter's home and place of business. If Plaintiff successfully completes service on Defendants, it shall file proof of service on ECF by that date. If not, Plaintiff shall file a letter updating the Court on the status of its efforts to serve Defendants. (Service due by 4/23/2018.) (Signed by Judge Analisa Torres on 4/20/2018) (ap) Modified on 4/23/2018 (ap).
April 20, 2018 14 DECLARATION of Jonathan Strauss re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Strauss, Jonathan)
April 19, 2018 13 DECLARATION of Jonathan Strauss in Support re: 11 Memorandum of Law in Support, 12 Declaration in Support, 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Strauss, Jonathan)
April 19, 2018 12 DECLARATION of Scott Rudin in Support re: 11 Memorandum of Law in Support, 10 Order to Show Cause,. Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Strauss, Jonathan)
April 19, 2018 11 MEMORANDUM OF LAW in Support re: 10 Order to Show Cause, . Document filed by Rudinplay, Inc.. (Strauss, Jonathan)
April 19, 2018 10 Featured Case ORDER TO SHOW CAUSE: Defendants show cause on April 30, 2018, at 3:00 p.m. in Courtroom 15D of 500 Pearl Street, New York, New York why there should not be expedited discovery and expedited resolution of this action; as further set forth in this Order. Show Cause Hearing set for 4/30/2018 at 03:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/19/2018) (cf)
April 18, 2018 9 NOTICE OF APPEARANCE by Sara Adrienne Slavin on behalf of Rudinplay, Inc.. (Slavin, Sara)
April 17, 2018 8 NOTICE OF APPEARANCE by Sarah Schacter on behalf of Rudinplay, Inc.. (Schacter, Sarah)
April 17, 2018 7 NOTICE OF APPEARANCE by Jonathan Zavin on behalf of Rudinplay, Inc.. (Zavin, Jonathan)
April 17, 2018 6 ELECTRONIC SUMMONS ISSUED as to Tonja B. Carter, The Estate of Nelle Harper Lee. (jgo)
April 17, 2018 Case Designated ECF. (jgo)
April 17, 2018 Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (jgo)
April 17, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (jgo)
April 17, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Neil Strauss. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10000000000; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to None; the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo)
April 16, 2018 5 CIVIL COVER SHEET filed. (Strauss, Jonathan)
April 16, 2018 4 REQUEST FOR ISSUANCE OF SUMMONS as to The Estate of Nelle Harper Lee,Tonja B. Carter, re: 1 Complaint. Document filed by Rudinplay, Inc.. (Strauss, Jonathan)
April 16, 2018 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rudinplay, Inc..(Strauss, Jonathan)
April 16, 2018 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Strauss, Jonathan) Modified on 4/17/2018 (jgo).
April 16, 2018 1 COMPLAINT against Tonja B. Carter, The Estate of Nelle Harper Lee. (Filing Fee $ 400.00, Receipt Number 0208-14945541)Document filed by Rudinplay, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Strauss, Jonathan)

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Plaintiff: Rudinplay, Inc.
Represented By: Jonathan Neil Strauss
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Defendant: The Estate of Nelle Harper Lee
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