Denying a Motion Filed by Defendants to Dismiss the Case
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL Case No. CV 16-7733 DMG (ASx) Date August 28, 2018 Title Century of Progress Productions v. Vivendi S.A., et al. Page 1 of 22 Present: The Honorable DOLLY M. GEE, UNITED STATES DISTRICT JUDGE KANE TIEN NOT REPORTED Deputy Clerk Court Reporter Attorneys Present for Plaintiff(s) Attorneys Present for Defendant(s) None Present None Present Proceedings: IN CHAMBERS - ORDER RE DEFENDANTS’ MOTIONS TO DISMISS [44, 49] Plaintiffs, Century of Progress Productions (“CPP”), Christopher Guest, Rob Reiner Productions (“RRP”), United Heathen (“UH”), Spinal Tap Productions (“STP”), Harry Shearer, Rob Reiner, and Michael McKean, filed the operative second amended complaint (“SAC”) on October 19, 2017. [Doc. # 33.] The SAC alleges six causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) fraud by concealment and misrepresentation; (4) accounting; (5) declaratory relief as to alleged trademark rights, 28 U.S.C. § 2201; and (6) declaratory relief as to alleged copyright reversion, 17 U.S.C § 703. Id. at 1 (caption). Now before the Court are two motions to dismiss. The first, brought by Defendants Universal Music Group, Inc. and UMG Recordings, Inc. (collectively, “UMG”), seeks to dismiss Plaintiffs’ SAC in its entirety, as alleged against UMG.1 [Doc. # 44 (“UMG MTD”).] The second, brought by Defendants Vivendi S.A.’s (“Vivendi”), Studiocanal S.A.S.’ (“Studiocanal”), and Ron Halpern (collectively, “Studiocanal Defendants”), seeks dismissal of Plaintiffs’ claim for fraud. [Doc. # 49 (“Studiocanal MTD”).] UMG joins in the Studiocanal MTD.
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