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Go Back  Sherdog Mixed Martial Arts Forums > Fight Discussion > The Heavyweights: UFC and WEC > Federal Judge Assigned to "Never Submit" Case

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Old 05-25-2007, 02:46 AM   #1 (permalink)

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Icon2 Federal Judge Assigned to "Never Submit" Case

US District Court Judge David O. Carter Assigned to "Never Submit" Case

CORONA DEL MAR, Calif., May 24, 2007 – Hergott Productions,
Inc./Muffin Club Entertainment Inc. President James Hergott announced
today that Judge David O. Carter has been assigned to the case filed
in federal court against Imperia Entertainment, Inc. (Pink Sheets:
IPEI), Muller Media, Inc. (Pink Sheets: MUMI), Ken Eade and Never
Submit, LLC in regards to the mixed martial arts movie "Never Submit"
(US Copyright PAU3106473).

Hergott Productions, Inc./Muffin Club Entertainment Inc. has also
filed a motion for preliminary injunction in order to stop the filming
of "Never Submit" from going forward. Mr. Hergott comments "I have
notes dating back ten years when I first started putting together the
"Never Submit" project and have been working on the ****** for years.
I hold the copyright to the manuscript, the movie title and the
characters and have not been paid a dime for the rights. I will
pursue every legal avenue possible to stop other parties from
producing and releasing this movie without my permission or
involvement."

ABOUT JUDGE CARTER

http://pview.findlaw.com/view/1941678_1

US District Court Judge David O. Carter, of Laguna Beach, California,
received his undergraduate degree in 1967, and his law degree in 1972,
from the University of California at Los Angeles. Judge Carter served
in the United States Marine Corps from 1967 to 1969, when he was
honorably retired as a result of wounds received during service in
Vietnam. Following law school, he served as an Assistant District
Attorney for the Orange County District Attorney's Office from 1972 to
1981; and as a Municipal Court Judge on the Orange County Municipal
Court from 1981 to 1982. Since 1982, Judge Carter has served as a
Superior Court Judge on the Orange County Superior Court.


ABOUT HERGOTT PRODUCTIONS

Hergott Productions, Inc. projects include controlling interest in
"All That I Need" (http://imdb.com/title/tt0439434/), released in
theaters December 2005, and now being marketed for DVD distribution,
"Brothers," by James Hergott and Tarquin Gotch ("Home Alone"), and a
number of film and TV projects currently being developed.
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Old 12-07-2007, 10:30 PM   #2 (permalink)

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Any updates on this court case? How does HERGOTT PRODUCTIONS claim his intellectual property was stolen?
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Old 12-07-2007, 10:33 PM   #3 (permalink)

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Actually, I just read the answer to one of my questions in another one of your posts.

Quote:
Originally Posted by Cindy View Post
LOL!

What's unfortunate is that the writer and contracted director of the film, James Hergott, filed a lawsuit earlier this week alleging the production company (Imperia Entertainment) stole his ******, fired him as director, and made plans to begin filming it later this month.

An attorney on behalf of James Hergott filed a motion this morning in the state of California asking for a temporary injunction to block plans to film until a court of law can rule on which party the ****** and rights belong to.


http://www.investorshub.com/boards/r...ge_id=19779182


It's a mess.

Cindy
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Old 12-07-2007, 10:40 PM   #4 (permalink)

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Not sure what is going on here.
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Old 12-07-2007, 11:00 PM   #5 (permalink)

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Can someone explain in lame ins terms... I little bit sllllloooowwww!
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"I haven't accomplished anything in this life worth remembering by playing it safe. That is boring to me anyway."
-Evan Tanner RIP
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Old 12-07-2007, 11:23 PM   #6 (permalink)

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This is entirely speculation because I'm not up to speed. Sounds like Cindy knows what up.

Essentially, there is an MMA movie that is slated to come out in due time. There is/was controversy surrounding who owns the intellectual property rights (ownership of the movie title, storyline, ideas, etc.).

The plaintiff in the lawsuit sought injunctive relieve (extraordinary aid) from the court to prevent the making of the film.

I don't know what the judge decided. But as far as I know the movie is still slated to come out. I have not heard anything further though.

Sorry if that's too general. But I really don't know what's going on either. I saw the thread for the first time today as well.
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