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Case 5:13-cv-05570-JLS Document 64 Filed 03/11/14 Page 1 of 30 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA DISNEY ENTERPRISES, INC., et al., Plaintiffs, Case No: 5:13-cv-05570 (JSL) VS. ENTERTAINMENT THEATRE GROUP d/b/a AMERICAN MUSIC THEATRE; JAMES D. MARTIN; FREDERICK W. STEUDLER, JR.; and DWIGHT H. BRUBAKER, Defendants, and STAN LEE MEDIA, INC., Defendant / Intervenor. ENTERTAINMENT THEATRE GROUP d/b/a AMERICAN MUSIC THEATRE, Counterclaim-Plaintiff, and Case No: 5:13-cv-05570 (JSL) STAN LEE MEDIA, INC. Counterclaim-Plaintiff/Intervenor, -against- DISNEY ENTERPRISES, INC.; and MARVEL CHARACTERS, INC., Deadline.comCounterclaim-Defendants. DEFENDANTS' OPPOSITION IN RESPONSE TO PLAINTIFFS' MOTION TO DISMISS AMENDED COUNTERCLAIMS AND INTERVENOR COMPLAINT AND TO STRIKE AMENDED AFFIRMATIVE DEFENSES Case 5:13-cv-05570-JLS Document 64 Filed 03/11/14 Page 2 of 30 Table of Contents Page I. INTRODUCTION 1 II. BACKGROUND 3 III. ARGUMENT 6 A. Legal Standard 6 B. Res Judicata Does Not Bar AMT's Counterclaims And Affirmative Defenses As The Causes Of Action At Issue In This Litigation Are Not The Same Causes Of Action At Issue In The Prior SLMI-Related Litigations. 7 1. The Present Litigation Does Not Involve The Same Cause Of Action As The Prior SLMI-Related Litigations. 8 2. AMT Is Not In Privity With SLMI Or The Abadin Plaintiffs And, Thus, AMT Cannot Be Bound By The Decisions Reached In The Prior SLMI-Related Litigations. 12 C. Collateral Estoppel Or Issue Preclusion Does Not Bar AMT's Counterclaims As Identical Issues Are Not Present And The Issue Of Ownership Has Never Been Actually Litigated 15 D.
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