Over six months after the potentially industry game changing June 11 ruling that unpaid interns on the Darren Aronofsky-directed Black Swan were really employees, Fox Searchlight today were handed an opportunity to turn things around. The Second Circuit Court of Appeals granted the label and the Fox Entertainment Group their request to appeal vital aspects of District Judge William Paley III’s ruling from earlier this summer (read it here). The Appeal court gave Fox Searchlight the right to appeal the class certification of former interns Alex Footman and Eric Glatt’s case. The court also granted the Foxes an appeal on the summary judgment in the former interns’ favor that they were treated as Fox employees in their internship under the definitions of the Fair Labor Standards Act and New York Labor Law. Needless to say, even with a couple of other legal wins under its belt in this case since June, Fox Searchlight felt Thanksgiving came a little early this year. “We believe the District Court’s rulings are erroneous. We are pleased that the Second Circuit has granted our petitions to review those rulings at this time,” a studio spokesperson told me today. Fox first sought the Second Circuit’s involvement in Judge Paley’s order back in late August. Today’s ruling also links the appeals with an intern case moving through the courts involving the Hearst Corporation. Fox opposed consolidating the Hearst case with their appeal and were granted that too but both appeals will proceed in tandem.
The race for Best Supporting Actor at the Oscars this year is shaping up to be another impossibly competitive contest. Jared Leto, Tom Hanks, Barkhad Abdi, Steve Coogan, Harrison Ford, Geoffrey Rush, Daniel Bruhl, Chris Cooper, Bradley Cooper, Jonah Hill, Casey Affleck, George Clooney and so many others already are staking a place in this crowded field. Fox Searchlight alone has viable contenders in its fall films with 12 Years A Slave’s Michael Fassbender and Enough Said’s James Gandolfini, who could grab a rare posthumous nom for one of his final film performances.
But Searchlight also has another contender who might be forgotten since his film came out way way back in June. Right. June. Can we remember back that far? When The Way Way Back was winning acclaim at the beginning of summer, the one name pundits found to ignite a nascent Oscar supporting contest was the wryly funny, smart and memorable turn from the criminally never-nominated Sam Rockwell as Owen, the wisecracking manager of Water Wizz Water Park and mentor to 14-year-old Duncan (Liam James), who has one unforgettable summer working there. Rockwell, who easily could — and should — have been nominated for last year’s Seven Psychopaths or his extraordinary work in another Searchlight film, Conviction (2010), always has been good. He’s an actor’s actor who first gained major notice after more than a decade acting in TV and films by playing game show host and CIA looney Chuck Barris in Clooney’s Confessions Of A Dangerous Mind (2002). Mainstream moviegoers probably know him best as Justin Hammer in Iron Man 2, while he has also gained a cult following for 2009′s Moon, a low-budget predecessor to Gravity (a film Rockwell says he loved). But his performance in The Way Way Back (which also deserves recognition for the sharp original screenplay from writer-directors Nat Faxon and Jim Rash of Oscar-winning Descendants fame) was a real standout — and that’s in a cast that includes fine work from Steve Carell, Toni Collette and Allison Janney, among others. No one pitched Sam Rockwell to me in this endless season of pitching. I sought him out to talk about it.
EXCLUSIVE: Ever since its debut at the Telluride Film Festival over the Labor Day weekend, Fox Searchlight‘s 12 Years A Slave has been annointed, at least by some eager-to-call-the-race-early media members, as the movie that could take it all at the Oscars. Though it is far too early to say that with any conviction (it doesn’t open in theaters until next week and hasn’t even played its official Academy screening yet), it continues to register strongly on the Fest circuit. It hit the New York Film Festival Tuesday night where the cast led by Chiwetel Ejiofor, director Steve McQueen and other key creative players received a standing ovation, just as they did in Telluride and Toronto. Next week the film hits the BFI London Film Festival on October 18th, home turf for its British star and director, but telling a very American story. Searchlight clearly would be more comfortable not to be shackled with the front-runner label before the movie is able to catch its boxoffice wind. It’s always a perilous position as there is nowhere to go but down (just ask Social Network about that), but the film has drawn critical raves wherever it’s played and early audiences are clearly moved. The subject matter however is not easy, often gut-wrenching to watch, and needs to be carefully nurtured by Fox Searchlight which plans a slow rollout beginning next Friday.
Deadline has told you already about Carey Mulligan, Matthias Schoenaerts and Tom Sturridge starring in the Thomas Vinterberg-directed Far From The Madding Crowd, and Fox Searchlight has rounded the cast and started production. The announcement:
Fox Searchlight Pictures announced that Thomas Vinterberg’s Far From The Madding Crowd has begun principal photography in the UK today, September 16th. The film stars Carey Mulligan (THE GREAT GATSBY, DRIVE), Matthias Schoenaerts (RUST AND BONE, BULLHEAD), Michael Sheen (MIDNIGHT IN PARIS, FROST/NIXON), Tom Sturridge (ON THE ROAD, PIRATE RADIO) and Juno Temple (THE DARK KNIGHT RISES, KILLER JOE). The script was written by David Nicholls, author and screenwriter of “One Day” and “Starter for Ten.” Allon Reich and Andrew Macdonald of DNA Films are producing with Christine Langan of BBC Films executive producing. The film will shoot on location in Dorset, Oxfordshire, Buckinghamshire and London.
Fox Searchlight and the Fox Entertainment Group got some speedy justice today in the ongoing Black Swan intern case. Less than two weeks after requesting formal permission from a federal judge for an “immediate appeal” to his potentially industry game changing June 11 ruling that unpaid interns on the 2010 Darren Aronofsky-directed film were really employees, Fox got the green light Wednesday. Judge William Paley III made the certification decision in a case conference in federal court in NYC today. The matter now heads to the Second Circuit for “much-needed guidance”, as Fox said in its August 23 filing, on what the legal standard for determining if an intern is actually an employee and entitled to wages under the Federal Labor Standards Act. What the Appeals Court decides could potentially dampen the bubbling class action. Having said that, today’s decision is the second incremental win for Fox in as many weeks. On August 26, Judge Paley granted the Fox companies’ June 25 request to limit the time period in which potential class action participants can be considered qualified to join the suit.
Days after yet another round of filings in the Black Swan interns’ class action, Fox Searchlight and Fox Entertainment Group got some traction and some status quo out of the overseeing federal judge. The traction this week came out of Judge William Paley III granting (read the order here) the Fox companies’ June 25th request to limit the time period in which potential class action participants can be considered qualified to join the suit. Instead of stretching from September 28, 2008 to September 1, 2010 as originally granted on June 11, the qualifying period will now be from a much tighter January 18 to September 1, 2010. The case was modified down to less than nine months in range due to the three year statute of limitations and the fact that plaintiff Eden Antalik, didn’t join the initial September 2011 action by Black Swan interns Alex Footman and Eric Glatt until an amended complaint was filed in late 2012. While Glatt and Footman worked on the 2010 Darren Aronofsky-directed film, Antalik was an unpaid intern in Fox Searchlight’s NYC corporate office. This order on August 26 could now see the number of people who can actually join the class action cut quite severely – which is a carving up the case that works for Fox.
Just under two months after they took their first swipe at getting the judgment against them and a class action in the Black Swan interns’ case reversed, Fox Searchlight and the Fox Entertainment Group have hit back again. In filings late last week, Fox asked a federal judge for formal permission for an “immediate appeal” to his potentially industry game changing June 11 ruling that unpaid interns on the 2010 Darren Aronofsky-directed film were really employees. “The Order meets all of the statutory requirements for certification, and the circumstances of this case are very much in keeping with other cases in which courts — including this Court — have granted certification for immediate, interlocutory appeal. The Court should therefore grant Defendants’ motion and allow the Second Circuit to provide much-needed guidance on the issues raised in the Order,” said the memo (read it here) filed on August 23 in U.S. District Court in New York. If certified by Judge William Paley III, the appeal would head to the Second Circuit. Primary plaintiffs Alex Footman and Eric Glatt first launched their civil action case back in September 2011 on behalf of themselves and more than 100 Fox Searchlight interns.
Missed them first time round? Check them out:
Squash Those Petitions! Why Ben Affleck As Batman Is Good Move For Warner Bros
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