Opinion
Case No. 2:11-CV-05353 GAF (JEMx)
08-30-2011
NICHOLAS JARECKI, Plaintiff, v. MICHAEL OHOVEN and INFINITY MEDIA, INC., Defendants.
KINSELLA WEITZMAN ISER KUMP & ALDISERT LLP
GREGORY P. KORN (SBN 205306)
RITHOLZ LEVY SANDERS CHIDEKEL& FIELDS LLP
JEFF SANDERS (NY SBN 2696664) (Pro Hac Vice)
JUSTIN LEITNER (NY SBN 4496014) (Pro Hac Vice)
ATTORNEYS FOR PLAINTIFF NICHOLAS JARECKI
JUDGMENT & ORDER
Having GRANTED the Motion for Summary Judgment of Plaintiff Nicholas Jarecki, and good cause appearing therefor, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
1. The Court enters judgment in favor of Plaintiff Nicholas Jarecki ("Plaintiff") and against Defendants Michael Ohoven and Infinity Media, Inc. on Plaintiff's Complaint in its entirety as set forth below;
2. The Court hereby enters a declaratory judgment that:
(a) Neither Defendant is a co-author or a co-owner of, and neither owns any copyright rights in or to, that written dramatic work entitled Arbitrage issued a copyright registration by the United States Copyright Office under Registration Number PAu003543850 (the "Screenplay");
(b) Neither Defendant is a co-author or co-owner of, and neither owns any derivative work based on, the Screenplay, including, without limitation, the motion picture based on the Screenplay also entitled Arbitrage (the "Picture");
3. Plaintiff shall be entitled to make an application for recovery of attorneys' fees and costs within the time prescribed by Rule 54(d), and this Judgment will be amended upon the award to Plaintiff, if any, of fees and/or costs.
Honorable Gary A. Feess
United States District Judge