The WGA and Hollywood’s Big 3 talent agencies have filed supplemental briefs in federal court about the scope of discovery in their yearlong battle over packaging fees, with the agencies seeking to…
“Discovery should be focused on the issues that remain in the case, and the Guilds should not be allowed to use disproportionate discovery as a cudgel to achieve other ends,” the agencies said in a new brief filed on Tuesday.
The two sides previously had submitted briefs about the scope of discovery only hours after Birotte threw out the guild’s claims for federal price-fixing, racketeering and group boycott, but the agencies now say that those briefs had been drafted before the judge’s April 27 ruling, and did not fully take into account the “eleventh hour” import of his ruling.
“This proffered discovery completely belied the underlying premise of instant Motion to Compel – the misleading assertion that the Agencies agreed to provide only ‘limited’ information about a ‘small’ number of packaging deals.
“Most notable for present purposes, Judge Birotte’s Dismissal Order disposed of every one of the Guilds’ Counterclaims that relied on a theory of a systemic conflict of interest between talent agents and their writer-clients over packaging – dismissing with prejudice the Guilds’ claims for RICO, breach of fiduciary duty and constructive fraud on behalf of the Guilds’ 14,700 members, and violation of California’s unfair competition law.
Noting that “although the timing of the current situation is unusual,” the agencies said that “it is undeniable” that their “prior proposal is no longer proportionate to the case’s actual needs in the wake of the Dismissal Order.
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