If you thought the already invective-heavy multimillion-dollar Trouble With The Curve copyright lawsuit against Warner Bros and others couldn’t turn into more of a dugout brawl, think again. In a flurry of filings today in federal court before a February 24 hearing on Warners’ motion to dismiss the suit from Ryan A Brooks and his Gold Glove Productions, plaintiffs lawyer Gerard Fox stepped it up a notch — or took it down, depending on your perspective. “This shading of facts, this bullying, this name calling, and these highly unprofessional acts all indicate desperation and nothing more,” he said in response (read it here) to Warners’ scathing reply brief of last week and the actions of its lawyers Daniel Petrocelli, Matt Kline and Ashley Pearson of LA firm O’Melveny & Myers. Brooks first filed his lawsuit October 1 over the 2012 Clint Eastwood-Amy Adams baseball pic.
Related: Warner Bros Blasts ‘Trouble With The Curve’ Lawsuit Experts Over Evidence Manipulation Claims
Specifically, in the filings today, Fox is crying foul on the lawyers for the way they characterized and treated the plaintiffs’ expert witnesses — many of whom Warners pummeled in its reply brief. “The fact that some of these experts have had their testimony rejected by some courts, while being accepted by others, is of no more significance to the facts of this case than the number of times a sitting judge is reversed,” says the lawyer. Noting a professor who the defense have used in past cases for other studios, Fox takes aim at the O’Melveny & Myers trio. “In this case they have called him, on the record, without any cause but their own taunting behavior, a sexist,” he writes in the 10-page filing today. “Moreover, during the deposition of Columbia Professor David Yerkes, defense counsel made a statement that one could opine was meant to suggest he was racist. Such unprofessional comments are beyond the pale.”
Related: ‘Trouble With The Curve’ Plaintiff Claims Warner Bros “Manipulated” Evidence
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Warner Bros has some real trouble with the experts that the plaintiffs in the multi-million dollar Trouble With The Curve copyright lawsuit have been using. Real trouble. Like throwing them and the whole case out of the game … Read More »
The lawsuit over the 2012 Warner Bros baseball pic Trouble With The Curve just lobbed a potential legal bombshell. In a filing today (read it here), plaintiff Ryan A Brooks and his Gold Glove Productions say they have “clear and convincing proof that Defendants’ testimony and other alleged evidence rests upon fraudulent documents and things.” Citing a digital investigator looking at computer disks submitted by Warners in the case, Brooks’ lawyers claim that there is “clear evidence that the date/time stamps of the disks were manipulated to present inaccurate information about date of creation.” Despite the allegations, the studio wasn’t giving any ground. “The lawsuit is reckless and a waste of time and money. The allegations are false,” a WB spokesperson told me. Warner Bros released Trouble With The Curve in September 2012 and the pic grossed $35.8 million domestically and almost $50 million worldwide.
Related: Plaintiffs Take Another Turn At Bat As ‘Trouble With The Curve’ Lawsuit Heats Up
The filing today in federal court opposed Warner Bros’ December 4 motion for summary judgment to get the breach of contract and contract infringement case tossed. In an initial multimillion-dollar filing on October 1, Brooks alleged that the Clint Eastwood-Amy Adams pic credited to screenwriter Randy Brown was in fact written by one Don Handfield. Pushing back, WB said in December that it has “extensive, indisputable evidence” that Brown completed a number of drafts of what became the film and pushed to have the suit dismissed. Late last year, the studio submitted evidence to that end. That’s when plaintiff’s lawyer Gerard Fox brought aboard former U.S. Army Counterintelligence Special Agent Trevor Reschke as his digital investigator. Read More »
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. … Read More »
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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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 »
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 »
Tokyo Hosts ‘Trouble With The Curve’
Clint Eastwood-starrer Trouble With The Curve will close the Tokyo International Film Festival on October 28. Directed by frequent Eastwood collaborator Robert Lorenz, the film stars Eastwood as an aging baseball scout and Amy Adams as his estranged daughter. Justin Timberlake, John Goodman, Matthew Lillard and Robert Patrick also star. Warner Bros has set the U.S. release for September 21. The festival opens October 20 with Paramount’s 3D Cirque Du Soleil: Worlds Away, exec produced by James Cameron and directed by Andrew Adamson.
News Corp Presses Binding Offer
News Corp has moved to solidify its hold on Australian pay-TV platform Foxtel and the Fox Sports channels with a binding takeover bid for Consolidated Media Holdings. CMH owns 25% of Foxtel and 50% of Fox Sports. News is offering $A3.45 ($3.55) per share, valuing the company controlled by James Packer at $1.94 billion. That’s a bit less than News Corp’s non-binding cash offer made in June, but shareholders will receive a 6 cents per share dividend. Said Packer, exec chairman of 50% shareholder Consolidated Press Holdings: “This is a great outcome for CMH shareholders and for News and it reflects a fair price.” There was no immediate response from Seven Group Holdings, which has a 25.3% stake in CMH and has asked regulators whether it could buy the balance. A decision is due September 13. News owns 25% of Foxtel and the other 50% of Fox Sports. If the News deal proceeds it’s expected to close in November. Citi media analyst Justin Diddams told Deadline it’s unlikely the Kerry Stokes-controlled Seven Group will make a counter-offer. -Don Groves
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Warner Bros put up a trailer today for Trouble With The Curve with Clint Eastwood as a veteran baseball scout whose daughter, played by Amy Adams, accompanies him on a trip to check out a hot prospect. John Goodman, Justin Timberlake and Matthew Lillard co-star. Directed by Robert … Read More »
EXCLUSIVE: Justin Timberlake has landed a starring role in Trouble With The Curve, the Robert Lorenz-directed Warner Bros film that will star Clint Eastwood and Amy Adams. Eastwood plays a veteran scout who goes on a scouting trip with his … Read More »
Warner Bros has assigned Trouble With The Curve (tentative title) a release date of September 28, 2012. The movie stars Clint Eastwood and Amy Adams as an aging baseball scout … Read More »
EXCLUSIVE: CAA has signed Robert Lorenz, the longtime producing partner of Clint Eastwood at Malpaso Productions, who is making his feature directorial debut with Trouble With The Curve, the Warner Bros road trip movie that will star Eastwood and possibly … Read More »