The legal battle over who actually wrote the 2012 Clint Eastwood-Amy Adams baseball pic Trouble With The Curve today hit fastball territory. Just a couple of days after Warner Bros threw back in a motion to have Ryan A. Brooks and Gold Glove Productions’ multimillion dollar copyright infringement case against them tossed, the plaintiffs are now seeking a summary judgment of their own. “While often the issues related to these types of claims of copyright infringement raise factual issues requiring a full trial, the evidence presented herein as relates to these specific claims of intentional infringement weighs so heavily in favor of such a finding that it can fairly be said that no reasonable juror could find to the contrary,” says the motion filed today in federal court in LA (read it here). Along with the motion, the plaintiffs filed a number of declarations today asserting their case. Among other things, the declaration from Brooks (read it here) notes that it was an October 5, 2011 piece by my colleague Mike Fleming Jr on Eastwood joining a project called Trouble With The Curve that alerted him to the film and its supposed similarity to the scripts that he owned. Eastwood is not named as defendant in the the initial October 1 12-claim filing but WB, UTA, Gersh, director Robert Lorenz, screenwriter Randy Brown and Eastwood’s Malpaso Productions are.
Related: Warner Bros Wants “Wasteful” ‘Trouble With The Curve’ Copyright Case Tossed
In that October filing seeking a jury trial, Brooks alleged that the pic credited to Brown was in fact written by one Don Handfield, whom the plaintiff had contracted on a work-for-hire basis to help him write copyrighted scripts to a film entitled Omaha. The unmade latter was also a baseball movie with a father-daughter story at its core. WB has called the case “wasteful” and says it has “extensive, indisputable evidence” that Brown completed a number of drafts of what became Curve. Brooks’ lawyers say otherwise. “Plaintiff hired three of the country’s leading experts, entirely independent of each other, and in each case the expert has come back and opined in detailed written opinions that not only is TWTC substantially similar to Omaha in both a qualitative and quantitative respect, but also that these works are in many respects the same story. In fact, all three experts opine that the two scripts share countless identical details and even a shocking degree of grammatical and stylistic identities and sequences,” their dense motion notes.
Of course, even if the plaintiffs received their summary judgment, this isn’t over. “TWTC is an intentional infringement of Omaha, leading to the need to resolve later in these proceedings the legal implications of the cover-up that took place, who was involved and how that will need to be redressed, all of which is beyond the scope of this motion for partial summary judgment,” asserts today’s filing. Brooks and Gold Glove are represented by attorneys Gerald Fox, Erika Morris, Jeffrey Liu and June Quan. Daniel Petrocelli, Matt Kline and Ashley Pearson of LA’s O’Melveny & Myers are representing Warner Bros.
The only real surprise here is what took the studio so long. Warner Bros on Wednesday formally swung back at the plaintiffs in a lawsuit over the 2012 Clint Eastwood-Amy Adams baseball pic Trouble With The Curve. To continue the ballgame lingo, the studio doesn’t think the court should even step up to the plate to claims by Ryan A. Brooks and Gold Glove Productions, first filed October 1, that the idea for the Randy Brown-written film was stolen — WB wants the case thrown out. “The Warner Defendants’ motion for summary judgment should be granted and this case should be brought to a halt before defendants have to incur any further costs in defending it,” says the motion (read it here) filed Wednesday in federal court. “The Warner Defendants appreciate that early summary judgment motions are not the norm, but this case calls out for it, especially given the salaciousness of the complaint and Plaintiffs’ abject refusal to face the reality — attested to by various third-party witnesses — that Mr. Brown wrote TWTC in the 1990s.” Brooks is seeking tens of millions in his case as well as all the profits for the film. Curve came out in September 2012 and was a middling success with $35.8 million grossed domestically and about $50 million worldwide.
Related: Warner Bros Fires Back In ‘Trouble With The Curve’ Case
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The Clint Eastwood-directed Jersey Boys will hit the big screen on June 20, 2014, and Live By Night, the next movie written and directed by Ben Affleck, will be released on Christmas Day 2015. Warner … Read More »
You’ve got one week to drop your case or we’ll go after you for malicious prosecution. That in a nutshell is what an email today from a lawyer for Warner Bros told the attorneys for … Read More »
Ryan A. Brooks filed a lawsuit today in U.S. District Court for the Central District of California claiming that Warner Bros’ Clint Eastwood-Amy Adams baseball pic Trouble With The Curve came from three of his copyrighted scripts and a concept reel from Brooks’ production company. Among the defendants named in the 119-page suit (read it here) is Eastwood’s Malpaso Productions, several Warner Bros divisions and talent agencies UTA and Gersh. It alleges that the script of the 2012 movie credited to Randy Brown was actually penned by Don Handfield, whom Brooks had contracted on a work-for-hire basis along with his wife Tressa Difiglia Handfield to help him write Omaha, also a baseball movie with a father-daughter story at its center. “The copyrighted scripts and concept reel bear more than a striking resemblance to Trouble With The Curve“, said Gerard P. Fox, who is representing Brooks and his company Gold Glove Productions. Read More »
I’ve learned that Warner Bros wants to fast-track production for the first quarter of 2014 and is in “tentative negotiations” with Clint Eastwood to direct. This is after Steven Spielberg this month took American Sniper … Read More »
UPDATE: The Jersey Boys movie has cast its Bob Gaudio. And they’ve plucked him right off the stage. Erich Bergen will reprise his role of the Four Seasons singer in the film after playing … Read More »
EXCLUSIVE: Director Clint Eastwood has set Christopher Walken to star in Jersey Boys, the Warner Bros and GK Films feature adaptation of the hit stage musical. Walken will play the role of Angelo “Gyp” DeCarlo, the Jersey mobster who, in … Read More »
EXCLUSIVE: Don’t be surprised if Clint Eastwood is asked to host next year’s Tony Awards; he’s positioning himself to be that popular with the legit crowd. Eastwood is prepping to direct the movie version of Jersey Boys for Warner Bros. Instead of the Hollywood tradition of chasing screen stars, I’m told Eastwood is looking to cast the main role in the movie with the actors who are onstage every night in the various Jersey Boys stage shows all around the world.
It might give Sue Kroll a marketing challenge, but if he goes through with it, Eastwood certainly will deliver to Warner Bros a reasonably priced movie. Production on the film will start at the end of August on the Warner Bros lot. It is produced by Graham King and Rob Lorenz, with Valli and Bob Gaudio serving as executive producers. Read More »
The Tribeca Film Festival‘s Tribeca Talks section will feature conversations with Clint Eastwood interviewed by Darren Aronofsky, Richard Linklater with Ethan Hawke and Julie Delpy, director Mira Nair with actress Bryce Dallas Howard, and Jay Roach with Ben Stiller. Among the Tribeca Talks: After The Movie event panelists are Whoopi Goldberg, Ellen Page, Gloria Steinem and Adrian Grenier. The Tribeca Talks panel series is open to the public and will take place throughout the festival, which will run from April 17-28, 2013 at locations around New York City.
Related: Tribeca Hits Hollywood Trying To Drum Up Interest Read More »
The Lincoln star was among the honorees at last night’s BAFTA LA gala the Britannia Awards at the Beverly Hilton. The Brit couldn’t help but try another portrayal of a real-life figure with a help of a certain furniture prop made famous during the Republican National Convention. “This is … Read More »
Clint Eastwood told Fox News Channel’s Sean Hannity today that conservatives in Hollywood are afraid to reveal their political beliefs. “There is a group of people in Hollywood that are conservative, but by the nature of the word itself, they’re just reticent to speak out. And they’re reticent because they feel that they’ll maybe lose work, or they’ll be chastised in some way for having political views,” he said. The interview with the Oscar winner will play on Hannity tonight at 9 PM ET. (Check out a sneak peek below). A public supporter of Mitt Romney, Eastwood made similar statements about conservatives in Hollywood during his surprise speech on the closing night of the Republican National Convention in August. Calling himself “crazy,” the actor responded afterward to the criticism he received and the distraction it caused the GOP nominee by saying his speech was never vetted. Eastwood has since appeared in a pro-Romney ad.
Related: Clint Eastwood’s RNC Speech “A Great Thrill” Mitt Romney Says Read More »
According to Politico, the new TV ad was taped at the 82-year-old iconic filmmaker’s California home. Released today and aimed at battleground states, it’s for superPAC American Crossroads on behalf of Mitt Romney. It features both … Read More »
The Talent Managers Association announced today that they will bestow the Seymour Heller Award for Lifetime Achievement in Management to Lenny Hirshan of Leonard Hirshan Management at the 11th annual Heller Awards being held on October 2nd at … Read More »
SUNDAY PM UPDATE: That’s the pecking order before Monday actuals, according to my sources. This was one of those weekends which can only be described as box office hell for me. Because the three top pics were neck-and-neck for #1 this weekend. Final film order came down to Sunday late shows on the West Coast with Open Road’s End Of Watch easily placing #1 with $13+M. There’s still a battle for 2nd place after Relativity’s The House At The End of The Street came in way under their estimate, while Warner Bros’ Trouble With The Curve came in a little below their estimate as well. Lionsgate’s Dredd still did dreadful. All four newcomers are low- to medium-budget movies, but none opened to more than $13+M this very soft weekend. And total filmgoing likely won’t add up to a lot more than $88M, which is down a big -25% from last year. “It’s a close race to mediocrity with no winners,” one movie exec snarked to me. Read More »
A week and a half after Oscar-winner Clint Eastwood‘s appearance at the Republican National Convention, Mitt Romney finally admitted he enjoyed the spectacle. “I was laughing at Clint Eastwood. Look, to have him get … Read More »
“They vet most of the people, but I told them, ‘You can’t do that with me, because I don’t know what I’m going to say,’ ” the Oscar winner told the Carmel Pine Cone in a story published … Read More »
Eva Longoria says unlike Clint Eastwood she will not be bringing out any empty chairs when she speaks to her party’s convention tomorrow. “People keep comparing us because we are both from the entertainment industry and (sic) he had a very different narrative,” the former Desperate Housewives actress told CNN’s Piers Morgan tonight at the DNC. “I come from a very different position than Clint Eastwood,” said the long time Barack Obama supporter and Latino outreach activist. “It was interesting yeah but I haven’t seen the whole thing so it’s not fair for me to judge it,” Longoria said of Eastwood’s unsuccessful appearance as the surprise speaker at the GOP convention last Thursday in Tampa. Longoria, who is a co-chair of the Obama reelection campaign, is scheduled to speak tomorrow night to the delegates in Charlotte, North Carolina on the subject of Hispanic women and education. Read More »