Courthouse Steps

CASE CAPTION: Justin C. MacIntosh and Harry Kloor v. USA Networks Interactive LLC, formerly known as USA Networks Inc., L.A. Superior Court #BC355135.

CAUSES OF ACTION: Breach of implied-in-fact contract and breach of confidence.

COMPLAINT ALLEGATIONS: The plaintiffs are film and TV writers. In Nov. 2000, they came up with an idea for a TV series entitled 'Village of the Damned' that they later renamed 'Chosen Ones.' The plaintiffs prepared an introductory bible for the series and pitched it to the defendant. In June 2001, the plaintiffs were told that that the defendant's president, Bonne Hammer, had approved a series based on the bible and had forwarded it to Barry Diller, chairman of USA. In Aug. 2001, the plaintiffs were told that Diller had passed on the project. In Feb. 2002, the plaintiffs slightly revised the project, gave it a new name and resubmitted it. The defendant company passed again. During this time, an entity known as Trilogy Entertainment Group expressed strong interest in working with the plaintiffs as producing partners. There were extensive discussions with Mark Stern of Trilogy; he attended pitch meetings and was attached as a potential co-producer. In Dec. 2002, Stern left Trilogy and became Senior Vice President of Original Programming for USA. In 2003, the defendant company began developing a series called 'The 4400' that was substantially similar to the plaintiffs' project.

RELIEF SOUGHT: At least $10 million.

PLAINTIFFS' COUNSEL: Glen L. Kulik of Sherman Oaks, CA's Kulik, Gottesman, Mouton & Siegel (310-557-9200).

CASE CAPTION: Anthony Nevan Singletary aka Oji Singletary v. Eric Eisner, Scott Messick and Mess Media Inc., L.A. Superior Court # BC354903.

CAUSES OF ACTION: Breach of contract; breach of oral-partnership agreement; breach of fiduciary duties; quantum meruit; tortious breach of implied covenant of good faith and fair dealing; fraud and deceit; conspiracy to defraud; negligent misrepresentation; negligence; unjust enrichment; and declaratory relief.

COMPLAINT ALLEGATIONS: Plaintiff Singletary is a producer and director of photography. He shot footage of Madden Challenge tournaments (video football games) for the company G4 Media. The plaintiff came up with the idea of chronicling the tour in a reality television format focused on the experiences of the contestants and increasing the involvement of NFL players. The plaintiff pitched the idea to G4, but G4 wasn't interested. Producer Eisner contacted the plaintiff in Dec. 2004, and at least impliedly agreed that the plaintiff would be co-creator of the project and would be compensated. The plaintiff assisted Eisner in convincing Messick to become involved and created a demo. The plaintiff recruited most of the contestants for the series. In August 2005, he was contacted by a line producer who offered him a salary of $1200 per-week to do the work of a production assistant with the title of Associate Producer. This was less than half the plaintiff's rate as a cameraman but he agreed because he was a co-creator. The plaintiff was later told that he was offered the position and title purely as a supposed favor to Eisner, and was denied any further compensation or credit. The plaintiff eventually discontinued his services and ended up getting no on-screen credit or compensation.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Todd W. Bonder, Ronald E. Dolecki Jr, and William Nathan Canby of Beverly Hills' Rosenfeld, Meyer & Sussman (310-858-7700).

CASE CAPTION: International Creative Management Inc. (ICM) v. The Agency Group Ltd., L.A. Superior Court # BC354825.

CAUSES OF ACTION: Tortious interference with contractual relations; tortious interference with prospective economic advantage; unfair competition; and declaratory relief.

COMPLAINT ALLEGATIONS: ICM agent Keith Naisbitt suddenly resigned on Feb. 9, 2006. He had represented a list of music clients that included Styx, REO Speedwagon and Boy George. ICM and Naisbitt had agreed that his contract was extended in Dec. 2005 to last through Jan. 31, 2007. In early Feb. 2006, Naisbitt took an international trip supposedly to conduct ICM business. Instead, he advised ICM client INXS of his imminent departure from ICM and solicited them to follow him to The Agency Group. On Feb. 6, ICM sent Naisbitt's counsel a formal agreement memorializing the agreement to extend Naisbitt's employment. Naisbitt's counsel then announced that Naisbitt was resigning and disclaimed the existence of any binding agreement. Naisbitt's counsel revealed that Naisbitt had accepted an offer from The Agency Group. Within days, ICM learned that Naisbitt had solicited at least two ICM employees to follow him. They both resigned from ICM on Feb. 14, 2006. Certain clients also followed Naisbitt, including INXS. ICM believes that The Agency Group encouraged Naisbitt to solicit ICM clients and that it knew of the 1-year extension in Naisbitt's agreement with ICM.

RELIEF SOUGHT: A declaration that ICM is entitled to receive revenue that The Agency Group gets for booking for former ICM clients negotiated by Naisbitt through Jan. 31, 2007; at least $500,000.

PLAINTIFF'S COUNSEL: Mary Lee Wegner, Daniel A. Fiore and Brooke H. Eisenhart of Santa Monica, CA's Alschuler Grossman Stein & Kahan (310-907-1000).

CASE CAPTION: Justin C. MacIntosh and Harry Kloor v. USA Networks Interactive LLC, formerly known as USA Networks Inc., L.A. Superior Court #BC355135.

CAUSES OF ACTION: Breach of implied-in-fact contract and breach of confidence.

COMPLAINT ALLEGATIONS: The plaintiffs are film and TV writers. In Nov. 2000, they came up with an idea for a TV series entitled 'Village of the Damned' that they later renamed 'Chosen Ones.' The plaintiffs prepared an introductory bible for the series and pitched it to the defendant. In June 2001, the plaintiffs were told that that the defendant's president, Bonne Hammer, had approved a series based on the bible and had forwarded it to Barry Diller, chairman of USA. In Aug. 2001, the plaintiffs were told that Diller had passed on the project. In Feb. 2002, the plaintiffs slightly revised the project, gave it a new name and resubmitted it. The defendant company passed again. During this time, an entity known as Trilogy Entertainment Group expressed strong interest in working with the plaintiffs as producing partners. There were extensive discussions with Mark Stern of Trilogy; he attended pitch meetings and was attached as a potential co-producer. In Dec. 2002, Stern left Trilogy and became Senior Vice President of Original Programming for USA. In 2003, the defendant company began developing a series called 'The 4400' that was substantially similar to the plaintiffs' project.

RELIEF SOUGHT: At least $10 million.

PLAINTIFFS' COUNSEL: Glen L. Kulik of Sherman Oaks, CA's Kulik, Gottesman, Mouton & Siegel (310-557-9200).

CASE CAPTION: Anthony Nevan Singletary aka Oji Singletary v. Eric Eisner, Scott Messick and Mess Media Inc., L.A. Superior Court # BC354903.

CAUSES OF ACTION: Breach of contract; breach of oral-partnership agreement; breach of fiduciary duties; quantum meruit; tortious breach of implied covenant of good faith and fair dealing; fraud and deceit; conspiracy to defraud; negligent misrepresentation; negligence; unjust enrichment; and declaratory relief.

COMPLAINT ALLEGATIONS: Plaintiff Singletary is a producer and director of photography. He shot footage of Madden Challenge tournaments (video football games) for the company G4 Media. The plaintiff came up with the idea of chronicling the tour in a reality television format focused on the experiences of the contestants and increasing the involvement of NFL players. The plaintiff pitched the idea to G4, but G4 wasn't interested. Producer Eisner contacted the plaintiff in Dec. 2004, and at least impliedly agreed that the plaintiff would be co-creator of the project and would be compensated. The plaintiff assisted Eisner in convincing Messick to become involved and created a demo. The plaintiff recruited most of the contestants for the series. In August 2005, he was contacted by a line producer who offered him a salary of $1200 per-week to do the work of a production assistant with the title of Associate Producer. This was less than half the plaintiff's rate as a cameraman but he agreed because he was a co-creator. The plaintiff was later told that he was offered the position and title purely as a supposed favor to Eisner, and was denied any further compensation or credit. The plaintiff eventually discontinued his services and ended up getting no on-screen credit or compensation.

RELIEF SOUGHT: Unspecified damages.

PLAINTIFF'S COUNSEL: Todd W. Bonder, Ronald E. Dolecki Jr, and William Nathan Canby of Beverly Hills' Rosenfeld, Meyer & Sussman (310-858-7700).

CASE CAPTION: International Creative Management Inc. (ICM) v. The Agency Group Ltd., L.A. Superior Court # BC354825.

CAUSES OF ACTION: Tortious interference with contractual relations; tortious interference with prospective economic advantage; unfair competition; and declaratory relief.

COMPLAINT ALLEGATIONS: ICM agent Keith Naisbitt suddenly resigned on Feb. 9, 2006. He had represented a list of music clients that included Styx, REO Speedwagon and Boy George. ICM and Naisbitt had agreed that his contract was extended in Dec. 2005 to last through Jan. 31, 2007. In early Feb. 2006, Naisbitt took an international trip supposedly to conduct ICM business. Instead, he advised ICM client INXS of his imminent departure from ICM and solicited them to follow him to The Agency Group. On Feb. 6, ICM sent Naisbitt's counsel a formal agreement memorializing the agreement to extend Naisbitt's employment. Naisbitt's counsel then announced that Naisbitt was resigning and disclaimed the existence of any binding agreement. Naisbitt's counsel revealed that Naisbitt had accepted an offer from The Agency Group. Within days, ICM learned that Naisbitt had solicited at least two ICM employees to follow him. They both resigned from ICM on Feb. 14, 2006. Certain clients also followed Naisbitt, including INXS. ICM believes that The Agency Group encouraged Naisbitt to solicit ICM clients and that it knew of the 1-year extension in Naisbitt's agreement with ICM.

RELIEF SOUGHT: A declaration that ICM is entitled to receive revenue that The Agency Group gets for booking for former ICM clients negotiated by Naisbitt through Jan. 31, 2007; at least $500,000.

PLAINTIFF'S COUNSEL: Mary Lee Wegner, Daniel A. Fiore and Brooke H. Eisenhart of Santa Monica, CA's Alschuler Grossman Stein & Kahan (310-907-1000).