by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Oct 20 – 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 October 14, Judge Rakoff read from the transcript of the deposition of Eric Singer, replete with defense objections by two lawyers. Inner City Press was there.
Judge Rakoff said, There will be no more kindergarten-like backbiting at depositions in this case - call me mid-depo next time. He then ordered two and a half hours more of deposition.
Paramount's lawyer said Singer can't be ordered to go more than 100 miles from his Atlanta home, under Rule 45.
Fine, Judge Rakoff said. Maybe I'll make it 10 hours.
Paramount will pay to fly Singer to LA, or Gray's lawyer to Atlanta.
On October 20, Judge Rakoff denied Paramount's motion to dismiss, order on Patreon here
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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