EEOC v. Vivendi Universal S. A.

U. S. Court of Appeals for the Ninth Circuit

US EEOC v. Vivendi Universal

EEOC v. Vivendi Universal S. A.

No Court

EEOC v. Universal Pictures

EEOC v. Universal Pictures

EEOC v. Universal Pictures

EEOC v. Universal Pictures

EEOC v. Universal Pictures

No Court

EEOC v. Universal Pictures

EEOC v. Universal Pictures

Ann Nicholson

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Jennifer T. Lum (rrey) (Entered: 10/02/2003)

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff USEEOC (rrey) (Entered: 10/02/2003)

FIRST AMENDED COMPLAINT [1−1] by plaintiff USEEOC terminating defendant Vivendi Univ Group; adding Universal Pictures; jury demand. Summons not issued (bp) (Entered: 12/05/2003)

WAIVER OF SERVICE Returned Executed filed by plaintiff U S Equal Employment Opportunity Commission. upon Universal Pictures Inc waiver sent by Plaintiff on 12/3/2003, answer due 2/1/2004; Vivendi Universal S A waiver sent by Plaintiff on 12/3/2003, answer due 2/1/2004. Waiver of Service signed by Jeremy Gray, attorney. (bp, ) (Entered: 01/10/2004)

ANSWER amended complaint filed by plaintiff Universal Pictures Inc, Vivendi Universal S A.(bp, ) (Entered: 02/05/2004)

FAX number for Attorney Jeremy J Gray is 310−788−4471. (bp, ) (Entered: 02/05/2004)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary A. Feess ORDERING answer to complaint submitted by Defendant Universal Pictures Inc received on 2/3/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 02/05/2004)

ORDER regarding rule 26(f) Conference set for 3/8/2004 01:30 PM before Honorable Gary A. Feess.(bp, ) (Entered: 02/09/2004)

STIPULATION AND ORDER by Judge Gary A. Feess, continuing the Scheduling Conference to 4/19/2004 01:30 PM before Honorable Gary A. Feess.(bp, ) (Entered: 03/04/2004)

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10 days. (sv) (Entered: 04/22/2004)

MINUTES: Scheduling Conference held. Court will provide counsel with a written scheduling and case management order with dates. Gary A. Feess : Court Reporter: Lisa Gonzalez. (bp, ) (Entered: 04/21/2004)

SCHEDULING AND CASE MANAGEMENT ORDER by Judge Gary A. Feess: Last to Amended Pleadings or add parties 9/3/2004. Discovery cut−off 12/31/2004. Last day for hearing motions 1/24/2005. Hearing on motions in Limine 3/21/2005. Proposed Pretrial Order due by 2/14/2005. Last date to conduct settlement conference is 1/31/2005. Jury Trial set for 3/29/2005 08:30 AM before Honorable Gary A. Feess. Pretrial Conference set for 2/28/2005 03:00 PM before Honorable Gary A. Feess.(bp, ) (Entered: 04/21/2004)

NOTICE of Appearance of Government Attorney filed by attorney Connie Liem on behalf of Plaintiff U S Equal Employment Opportunity Commission (ir, ) (Entered: 10/15/2004)

FAX number for Attorney Connie Liem is 213−894−1301. (ir, ) (Entered: 10/15/2004)

STIPULATION AND ORDER TO EXTEND THE DISCLOSURE OF EXPERTS AND ORDER THEREON by Judge Gary A. Feess : It is hereby ordered that the parties disclose their experts pursuant to Fed.R.Civ.P.Rule 26(a)(2)(B) by November 19, 2004. It is further ordered taht the parties make their counter−designations pursuant to Fed.R.Civ.P. Rule 26(a)(2)(C).(ca, ) (Entered: 10/25/2004)

DECLARATION of Gregory L McClinton in support of the parties stipulation and request for extension of expert disclosure date 13 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/19/2004)

STIPULATION AND ORDER by Judge Gary A. Feess : For Good Cause Shown, IT IS ORDERED that the Parties disclose their experts pursuant to Fed.R.Civ.P. Rule 26(a)(2)(b) by December 10, 2004. It is further ordered that the Parties make their counter−designations pursuant to Fed.R.Civ.P. Tule 26(a)(2)(c).(shb, ) (Entered: 11/22/2004)

NOTICE OF MOTION AND MOTION to Compel Defendants Responses to EEOC Discovery Requests filed by Plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 12/21/2004 at 10:00 AM before Magistrate Judge Jennifer T. Lum. (ir, ) (Entered: 12/02/2004)

DECLARATION of Angela Rochester 16 filed by Defendants Universal Pictures Inc, Vivendi Universal S A. (ir, ) (Entered: 12/02/2004)

DECLARATION of Connie K Liem in support of Plaintiff Motion to Compel Defendants Responses to EEOC Discovery Requests 16 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/02/2004)

NOTICE OF MOTION AND MOTION to Compel certain Interrogatories and responses and production of certain documents filed by defendants Vivendi Universal S A, Universal Pictures Inc. Motion set for hearing on 1/11/2005 at 10:00 AM before Magistrate Judge Jennifer T. Lum. Lodged proposed order. (bp, ) (Entered: 12/14/2004)

JOINT STIPULATION re MOTION to Compel Answers to Interrogatories 21 filed by plaintiff and defendants U S Equal Employment Opportunity Commission, Vivendi Universal S A, Universal Pictures Inc. (bp, ) (Entered: 12/14/2004)

DECLARATION of Angela Rochester re MOTION to Compel Answers to Interrogatories 21 filed by defendants Vivendi Universal S A, Universal Pictures Inc. (bp, ) (Entered: 12/14/2004)

SUPPLEMENTAL MEMORANDUM re: joint stipulation of plaintiff's MOTION to Compel 16 filed by defendants' Vivendi Universal S A, Universal Pictures Inc. (bp, ) (Entered: 12/14/2004)

PROOF OF SERVICE filed by defendants' Vivendi Universal S A, Universal Pictures Inc. re Motion Related Document 22 , Declaration (Motion related) 23 , Motion Related Document 24 , MOTION to Compel Answers to Interrogatories 21 , was served on 12/7/04. (bp, ) (Entered: 12/14/2004)

SUPPLEMENTAL MEMORANDUM to joint stipulation re: MOTION to Compel 16 filed by plaintiff U S Equal Employment Opportunity Commission. (bp, ) (Entered: 12/14/2004)

JOINT STIPULATION FOR CONTINUANCE OF TRIAL AND PRETRIAL DATES AND ORDER by Judge Gary A. Feess: Dates are continued as follows: Trial is continued to 6/21/2005 08:30 AM. Hearing on Motions in Limine; Hearing on disputed jury instructions 6/14/2005. Pretrial Conference; Motions in limine to be filed; proposed voir dire Qs lodged and agreed to statement of case 5/17/2005 03:00 PM.Lodge pretrial conf order; file memo of contentions of fact and law; Exhibit and Witness List; File Status Report re settlement; file agreed upon set of jury instructions and verdict forms; file joint statement re disputed instructions, verdicts etc 5/3/2005. Last date to conduct settlement conference is 4/19/2005. Last day for hearing Motions 4/12/2005. Discovery cut−off 4/5/2005. Expert discovery is to be concluded by the discovery cut off date. Accordingly the disclosure of expert witnesses in full compliance with Rule 26(a)(2), FRCP is ordered no later than 70 days before the discovery cut off. Counter designations are to be made pursuant to FRCP 26(a)(2)(c) 1/26/05. (mch, ) (Entered: 12/10/2004)

JOINT STIPULATION AND ORDER by Judge Jennifer T. Lum : Hear and/or take under submission both Motions to Compel 16 , 21 on 12/21/04..(ir, ) (Entered: 12/21/2004)

SUPPLEMENTAL EXHIBIT filed by Defendants Vivendi Universal S A, Universal Pictures Inc in opposition to Plaintiffs motion to compel 16 ; Declaration of Angela Rochester in support thereof. (ir, ) (Entered: 12/16/2004)

SUPPLEMENTAL MEMORANDUM to Joint Stipulation regarding Universal Motion to compel certain Interrogatory Responses and Production of Certain documents 21 filed by Defendants Vivendi Universal S A, Universal Pictures Inc.; Declaration of Angela Rochester in support thereof. (ir, ) (Entered: 12/16/2004)

NOTICE of Resolved Issues regarding Motion to compel production of documents 16 , 21 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/21/2004)

MINUTES OF Discovery Hearing held before Jennifer T. Lum re Plaintiff's Motion to Compel Defendant's Responses Request for Production of Documents. See Minute Order for specifics. (dp, ) (Entered: 12/22/2004)

PLACED IN FILE − NOT USED re proposed order re plaintiff's motion to compel defendant's responses to discovery requests submitted by plaintiff U S Equal Employment Opportunity Commission. (dp, ) (Entered: 01/06/2005)

PLACED IN FILE − NOT USED re proposed order re joint stipulation re Universal's Motion to Compel submitted by defendants Vivendi Universal S A, Vivendi Universal Group LLP, Universal Pictures Inc. (dp, ) (Entered: 01/06/2005)

NOTICE OF MOTION AND MOTION for leave to Intervene filed by Intervenor Plaintiff Frank Davis. Motion set for hearing on 3/14/2005 at 09:30 AM before Honorable Gary A. Feess.; Declaration of John E Sweeney in support thereof. (ir, ) (Entered: 02/18/2005)

CERTIFICATION as to Interested Parties filed by Intervenor Plaintiff Frank Davis. (ir, ) (Entered: 02/18/2005)

NOTICE of Continuance of Motion for leave to Intervene 33 filed by Plaintiffs U S Equal Employment Opportunity Commission, Frank Davis. (ir, ) (Entered: 02/24/2005)

JOINT STIPULATION regarding Universal Motion to Compel Mental Examination of Frank Davis. (ir, ) (Entered: 02/24/2005)

NOTICE of Joint Stipulation regarding Universl Motion to compel Mental Examination of Frank Davis filed by Defendants Vivendi Universal S A, Universal Pictures Inc.; Lodged Proposed Order. (ir, ) (Entered: 02/24/2005)

PROOF OF SERVICE [Personal Service] filed by Defendants Vivendi Universal Group LLP, Universal Pictures Inc regarding Joint Stipulation regarding Universal Motion to compel Mental Examination of Frank Davis 37 , and Notice of Joint Stipulation regarding Universal Motion to compel mental examination of Frank Davis 38 was served on 2/22/05. (ir, ) (Entered: 02/24/2005)

STIPULATION AND ORDER by Judge Gary A. Feess: Defendants deadline to disclose rebuttal experts and/or submit rebuttal reports pursuant to FRCP 26 is extended from 2/25/05 to 3/18/05 or three weeks from the date in which Plaintiff produces documents and/or reports referenced in and/or relied upon by Plaintiffs experts whichever is later.(ir, ) (Entered: 02/24/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Jennifer T. Lum re Defendant's Motion to Compel Mental Examination. Court finds this matter apporpriate for decision without oral argument. Hearing vacated. See Minute Order for specifics. (dp, ) (Entered: 02/24/2005)

STATEMENT of Non−Opposition to Motion to Intervene 33 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 03/03/2005)

OPPOSITION to Motion for leave to Intervene 33 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

DECLARATION of Rania Khamis in support of Universal opposition to motion for leave to Intervene 33 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

PROOF OF SERVICE (Personal Service) filed by Defendants Vivendi Universal S A, Universal Pictures Inc Opposition to Motion for leave to Intervene 43 , Declaration of Rania Khamis in support of Universal Opposition to motion for leave to intervene 44 was served on 2/28/05. (ir, ) (Entered: 03/04/2005)

SUPPLEMENTAL Memorandum to Joint Stipulation regarding Universal motion to compel Mental Examination of Frank Davis 37 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

DECLARATION of Rania Khamis in support of Universal Supplemental Memorandum to Joint Stipulation regarding Universal motion to compel mental examinatio of Frank Davis 46 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

DECLARATION of Dr Stefanie D Peters in support of Universal Supplemental memorandum to Joint Stipulation regarding Universal motionto compel mental examination of Frank Davis 46 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

PROOF OF SERVICE (Personal Service) filed by Defendants Vivendi Universal S A, Universal Pictures Inc of Universal Supplemental Memorandum to Joint Stipulation regarding Universal motion to compel mental examination to Frank Davis 46 , Declaration of Dr Stephanie D Peters 48 , Declaration of Rania Khamis 48 was served on 3/1/05. (ir, ) (Entered: 03/04/2005)

REQUEST to Strike and Objections to Defendants Declaration of Dr Stefanie D Peters 48 filed concurrently with Universal Supplemental Memorandum and Motion to compel mental examination of Frank Davis filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 03/04/2005)

SUPPLEMENTAL MEMORANDUM of Points and Authorities in Opposition to Defendants Motion for an Independent Medical Examination of Frank Davis filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 03/04/2005)

STIPULATED PROTECTIVE ORDER by Judge Gary A. Feess: the following documents will be subject to this Protective Order (see document for further details)(syb, ) (Entered: 03/04/2005)

MINUTES: Plaintiff in Intevention motion to Intervene 33 (Filed 2/17/05); Matter called. Counsel state their appearances for the record. Counsel argue their motion to the Court. Court orders counsel for Intervener to obtain a declaration from Ms Davis under the penalty of perjury, outlining the date he attempted to seek counsel from whom he atttempted to seek counsel, and the dates on which he was advised that requested counsel would not represent Mr Davis. This declaration is to be presented to the Court not later than 3/25/05. Upon receipt of said declaration, Court will review same to determine if the delay to intervene was justified and valid. Court orders that any motion for summary judgment to be filed in this case is to be filed not later than 4/4/05 by Judge Gary A. Feess Court Reporter: Lisa Gonzalez. (ir, ) (Entered: 03/16/2005)

ORDER RE DEFENDANTS' MOTION TO COMPEL MENTAL EXAMINATION OF FRANK DAVIS by Judge Jennifer T. Lum. Plaintiff's Request to Strike 50 is DENIED. Defendants' Motion to Compel Mental Examination is DENIED. [See Order for details.] (ch, ) (Entered: 03/16/2005)

JOINT STIPULATION for Continuance of Discovery Cutoff and Motion for Summary Judgment filed by Plaintiff and Defendants. Lodged Order. (jp, ) (Entered: 03/29/2005)

DECLARATION of FRANK DAVIS in support of his MOTION to Intervene 33 filed by intervenor plaintiff Frank Davis. (jp, ) (Entered: 03/29/2005)

ORDER by Judge Gary A. Feess: Discovery cut−off continued from 4/5/05 to 5/20/2005. Deadline to submit motions for summary judgment is extended from 4/4/05 to 4/11/05.(ir, ) (Entered: 03/29/2005)

MINUTES: (In Chambers) Because Title VII grants Davis intervention as of right and his application to intervene is timely, the Court GRANTS the motion to intervene 33 . In addition Court is aware that the current case management schedule may not give the parties sufficient time to conduct additional pretrial motions and discovery. Accordingly Court VACATES the current case management schedule. Parties are hereby ORDERED to jointly submit proposed new dates by 4/8/05 IT IS SO ORDERED by Judge Gary A. Feess Court Reporter: None Present. (ir, ) (Entered: 03/29/2005)

COMPLAINT IN INTERVENTION with Jury Demand against Intervenor Defendants Universal Pictures, Universal Studios LLLP, Vivendi Universal Entertainment LLLP filed by Plaintiff in Intervention Frank Davis.(ir, ) (Entered: 04/05/2005)

MINUTES: (In Chambers) CASE SCHEDULE; Court has read the parties competing submissions regarding a new case schedule in this matter. Attached hereto is a newe schedule of dates in this case; Jury Trial 3/14/06 at 8:30; Jury Trial: Hearing on motions in limine; Hearing on Disputed Jury Instructions 3/6/06; Pretrial Conference; Motions in limine to be filed; Proposed Voir Dire Questions lodged and Agreed−to Statement of Case 2/13/06 at 3:30; Lodge Pretrial Conference Order; File Memorandum of Contentions of Fact and law; Exhibit and Witness lists; File Status Report regarding Settlement; File Agreed upon set of Jury Instructions and Verdict Forms; File Joint Statement regarding Disputed Instructions, Verdicts, etc 1/30/06; Last day to conduct Settlement Conference 1/20/06; Last day for hearing motions 1/9/06 at 9:30; Discovery cut−off 12/1/05 by Judge Gary A. FeessCourt Reporter: None. (ir, ) (Entered: 04/15/2005)

MINUTES: (In Chambers) AMENDED ORDER REGARDING CASE MANAGEMENT; Court has read the parties competing submissions regarding a new case schedule in this matter. Attached hereto is a new schedule of dates in this case. Parties should note that the Court is seting a single discovery cut−off date by which all discovery fact and expert must be concluded. Jury Trial 3/14/06 at 8:30; Jury Trial: Hearing on Motions in limine; Hearing on Disputed Jury Instructions 3/6/06; Pretrial Conference; Motions in limine to be filed; Proposed Voir Dire Questions lodged and Agreed to Statement of Case 2/13/06 at 3:30; Lodge Pretrial Conference Order; File Memoandum of Contentions of Fact and Law; Exhibit and Witness lists; File Status Report regarding Settlement; File Agreed Upon set of Jury Instructions and Verdict Forms; File Joint Statement regarding Disputed Isntructions, Verdicts, etc 1/30/06; Last day to conduct Settlement Conference 1/20/06; Last day for hearing motions 1/9/06 at 9:30; Discovery cut−off 12/1/05 IT IS SO ORDERED by Judge Gary A. Feess Court Reporter: None. (ir, ) (Entered: 04/18/2005)

PLACED IN FILE − NOT USED re Proposal regarding case management dates submitted by plaintiff−in−intervention Frank Davis. (ca, ) (Entered: 04/22/2005)

PLACED IN FILE − NOT USED re Universals proposal regarding scheduling trial and pretrial dates; declaration of Jeremy J.F. Gray; Proposed Order thereon (Exhibit A) submitted by defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ca, ) (Entered: 04/22/2005)

NOTICE of Change of Firm Name by attorneys Steve Cochran, Jeremy J Gray, Rania Khamis, Angela Ivy Rochester for Defendants Vivendi Universal S A, Vivendi Universal Group LLP, Universal Pictures Inc, changing Firm Name from Katten Muchin Zavis Rosenman to Katten Muchin Rosenman LLP. Filed by Defendants Universal Pictures, a Division of Universal City Studios LLLP and Vivendi Universal Entertainment LLLP (ir, ) (Entered: 05/10/2005)

NOTICE OF DISCREPANCY AND ORDER: by Judge Gary A. Feess, ORDERING Plaintiff In−Intervention First Amended complaint in Intervention submitted by Intervenor Plaintiff Frank Davis received on 7/1/05 is not to be filed but instead rejected. Denial based on: First Amended complaint filed 12/3/05 Amendment requires stipulation and order or motion.(ir, ) (Entered: 07/19/2005)

FIRST AMENDED INTERVENOR COMPLAINT against Defendants in Intervention Universal Pictures, Universal Studios LLLP, Vivendi Universal Entertainment LLLP with Jury Demand filed by Plaintiff in Intervention Frank Davis.(ir, ) (Entered: 07/13/2005)

JOINT STIPULATION to Strike Jamaica Carter as plaintiff's witness for failure to provide address to serve subpoena. (sv) (Entered: 08/02/2005)

DECLARATION of Angela Rochester in support of motion to strike Jamaica Carter's witness for failure to provide address to serve subpoena filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (sv) (Entered: 08/02/2005)

DECLARATION of Connie K Liem in support of motion to strike Jamaica Carter as a witness filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (sv) (Entered: 08/02/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Jennifer T. Lum re Defendant's Motion to Strike Plaintiff's Witness for Failure to Provide Address. Court finds motion is appropriate for decision without hearing. Memoranda of law shall be filed no later than August 2. See Minute Order for specifics. (dp, ) (Entered: 07/27/2005)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/14/05 Court Reporter: Lisa M. Gonzalez (mo, ) (Entered: 07/28/2005)

TRANSCRIPT filed for proceedings held on 3/14/05. Court Reporter: Lisa M. Gonzalez. (mo, ) (Entered: 07/28/2005)

SUPPLEMENTAL BRIEF regarding Joint Stipulation of Universal Motion to strike Jamaica Carter as Plaintiff Witness for failure to provide addresss to serve subpoena 50 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 08/08/2005)

DECLARATION of Rania Khamis in support of Universal Supplemental Memorandum to Joint Stipulation regarding Universal 50 filed by Defendants Universal Pictures, Universal Studios LLLP. (ir, ) (Entered: 08/08/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Jennifer T. Lum denying Motion to Strike Jamaica Carter as Plaintiff's witness. See Minute Order for specifics. (dp, ) (Entered: 08/18/2005)

STIPULATION AND ORDER by Judge Gary A. Feess: Universal shall file its Motion to dismiss no later than 9/19/05, Motion hearing be scheduled for 10/17/05, Davis opposition shall be due on 10/3/05 and Universal reply shall be due on 10/11/05.(ir, ) (Entered: 08/26/2005)

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint−In−Invention 63 filed by intervenor defendants Universal Studios LLLP, Vivendi Universal Entertainment LLLP. Motion set for hearing on 10/17/2005 at 10:00 AM before Honorable Gary A. Feess. (jp, ) (Entered: 09/28/2005)

MEMORANDUM of Points and Authorities in Support of Defendants Universal Pictures and Vivendi Universal Entertainment LLLP Motion to Dismiss claims alleged in the Complain in Intervention for breach of contract, fraud and unfair business practices FRCP 12(b)(6) and 9(b) 63 78 filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc. (ir, ) (Entered: 09/28/2005)

REQUEST FOR JUDICIAL NOTICE in support of Motion to dismiss First Amended Complaint−In−Intervention 63 78 filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc. (ir, ) (Entered: 09/28/2005)

PROOF OF SERVICE VIA FIRST CLASS MAIL filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc regarding Motion to Dismiss Case re Intervenor Complaint 63 78 , Memorandum in Support of Motion, 79 , Request for Judicial Notice 80 was served on 9/19/05. (ir, ) (Entered: 09/28/2005)

PROOF OF SERVICE REGARDING PERSONAL SERVICE filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc regarding MOTION to Dismiss Case re Intervenor Complaint 63 78 , Memorandum in Support of Motion 79 , Request for Judicial Notice 80 , Proof of Service 81 was served on 9/19/05. (ir, ) (Entered: 09/28/2005)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary A. Feess ORDERING Notice of Motion to dismiss Frank Davis First Amended Complaint in Intervention, Memorandum of Points and Authorities in support, Request for Judicial Notice, Proof of service via First Class mail, proof of service regarding personal service submitted by Intervenor Defendants and Defendant Universal Pictures, Vivendi Universal Entertainment LLLP received on 9/19/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: 09/21/2005)

MEMORANDUM in Opposition to MOTION to Dismiss Case re Intervenor Complaint 63 78 filed by plaintiff in intervention Frank Davis. (lc, ) (Entered: 10/05/2005)

REQUEST FOR JUDICIAL NOTICE in support of Opposition to Defendants Motion to Dismiss Case re Intervenor Complaint 63 78 filed by Plaintiff−in−Intervention Frank Davis. (ir, ) (Entered: 10/06/2005)

STIPULATION AND ORDER by Judge Gary A. Feess regarding Protection of Confidential Material (See document for further details)(ir, ) (Entered: 10/11/2005)

REPLY Memorandum of Points and Authorities in support of their Motion to Dismiss Claims Alleged in the complaint in Intervention for Breach of Contract, Fraud, and Unfair Business Practices 63 78 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 10/12/2005)

MEMORANDUM AND ORDER regarding Defendants Motion to dismiss Plaintiff−In−Intervention Complaint 63 78 by Judge Gary A. Feess: Court hereby DISMISSES Plaintiff breach of contract claim because Davis failed even to allege that he exhausted the remedies set forth in the parties CBA and failed to set forth sufficient facts to plead that he can even bring a private breach of contract claim in this Court. Court hereby DISMISSES Plaintiffs fraud claim WITH PREJUDICE as to the alleged promise that Davis would be hired as FAD on Fast and Furious 2 and WITH LEAVE TO AMEND as to the other two alleged misrepresentations since they have not been pleaded with particularity as required. Court hereby DISMISSES WITH PREJUDICE Plaintiffs Business and Professional Code subsection 17200 claim because it is preempted by federal law. (ir, ) (Entered: 11/03/2005)

PLACED IN FILE − NOT USED re Proposed Order regarding Universal Pictures, a Division of Universal City Studios LLLP and Vivendi Entertainment LLLP Motion to dismiss, lodged 9/19/05 submitted by Defendants Universal Studios LLLP, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/07/2005)

SECOND AMENDED COMPLAINT−IN−INTERVENTION against Defendants in Intervention Univeral Picturs, Universal City Studios LLLP, Vivendi Universal Entertainment LLLP; Party Universal Studios LLLP terminated amending Intervenor Complaint 63 , 58 with Jury Demand filed by Plaintiff in Intervention Frank Davis (ir, ) (Entered: 11/29/2005)

JOINT STIPULATION regarding Motion for Protective Order preventing the Depositions of Ron Meyer and Stacey Snider and to Quash Notices of Deposition filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc and Plaintiff Frank Davis. Lodged Proposed Order. (ir, ) (Entered: 11/22/2005)

NOTICE of Joint Stipulation regarding Universal Motion for Protective Order preventing the Depositions of Ron Meyer and Stacey Snider and to Quash Notices of deposition filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

DECLARATION of Angela M Powell in support of Plaintiff−In−Interventions Joint Stipulation regarding Opposition to Universal Pictures Motion for Protective Order for Stacey Snider 88 filed by Intervenor Plaintiff Frank Davis. (ir, ) (Entered: 11/22/2005)

DECLARATION of Jeremy Gray in support of Universal Joint Stipulation regarding Motion for Protective Order preventing the Depositions of Ron Meyer and Stacey Snider and to Quash Notices of Deposition 88 filed by Intervenor Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

PROOF OF SERVICE regarding Personal Service filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP of Notice of Joint Stipulation 89 , Joint Stipulation 88 , Declaration 90 , Declaration 91 was served on 11/21/05. (ir, ) (Entered: 11/22/2005)

NOTICE OF MOTION to Dismiss Frank Davis Second Amended Complaint in−Intervention filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. Motion set for hearing on 12/19/2005 at 09:30 AM before Honorable Gary A. Feess. (ir, ) (Entered: 11/22/2005)

MEMORANDUM of Points and Authorities in Support of their Motion to Dismiss Fraud Claim alleged in the Second Amended Complaint in−Intervention 94 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

REQUEST FOR JUDICIAL NOTICE in support of Motion to dismiss Frank Davis Second Amended Complaint in−Intervention 94 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

PROOF OF SERVICE via Federal Express filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP of Notice of Motion to Dismiss Frank Davis Second Amended Complaint in−Intervention 94 , Memorandum of Points and Authorities in Support of Motion 95 , Request for Judicial Notice 96 was served on 11/21/05. (ir, ) (Entered: 11/22/2005)

PROOF OF SERVICE via First Class Mail filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP of Notice of Motion to Dismiss Frank Davis Second Amended Complaint in−Intervention 94 , Memorandum of Points and Authorities in Support of Motion 95 , Request for Judicial Notice 96 , Proof of Service 97 was served on 11/21/05. (ir, ) (Entered: 11/22/2005)