by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Sept 15 – With Paramount sued by Shaun Gray over the Top Gun: Maverick screenplay, the Writer's Guild of America is resisting the studio's subpoena for its communications with Gray, citing privilege. But which privilege?
On August 19 a WGA called into the courtroom of U.S. District Court for the Southern District of New York Judge Jed S. Rakoff for an oral argument on the issue. Inner City Press was there.
The argument circled around applying the Upjohn precedent to this situation. Paramount's lawyer insisted that attorney client privilege does not apply, and said Shaun Gray is scheduled to be deposed on August 26.
Judge Rakoff said to go ahead with the deposition, even prior to ruling - but that if he rules for Paramount, they will be a second deposition, two hours, by phone.
On September 15 Judge Rakoff docketed: "OPINION granting the defendants' motion to compel production. Specifically, the Court finds that Gray has no privilege that he can assert with respect to the communications between himself, Saver, and the WGA. It follows that Gray must produce the communications in question. And since the parties agree that these are the same as the communications sought from the WGA, the subpoena to the WGA is hereby quashed on grounds of mootness. (Signed by Judge Jed S. Rakoff on 9/15/2025)."
More on X for Subscriber here and Substack here
The case is Gray v. Paramount Global, et al., 1:25-cv-3484 (Rakoff)
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