Wednesday, March 05, 2008

Back to Boston: Federal Court Part 2 and Akomfrah gets an OBE

I go back to Boston tonight for court, Thursday, March 6, at 1:00 pm. While I have clear ground and am wll within my rights for Fair Use I still have to go through the legal process. As I mentioned before, the court has clearly stated that my use of the materials in my trailer are well with the parameters of Fair Use and are transformative in nature of their use.

Just so we are on the same page, here are the results from court February 15, taken from Justia
Chief Judge Mark L. Wolf: ORDER entered For the reasons stated in court on February 15, 2008, it is hereby ORDERED that:

1. The oral motion for a continuance by plaintiff William V. Aguiar, III ("Aguiar") is DENIED.

2. The Motion to File a Reply Brief (Docket No. 39) by defendants Barron and Wendy Shepherd ("Shepherds") is ALLOWED.

3. Aguiar's Motion to Amend Reports on the Filing of Determination After Action or Appeal Regarding a Copyright (Docket No. 40) is ALLOWED.

4. Aguiar's Motions for Production of Documents (Docket Nos. 43 and 46) and Motion to Compel Discovery (Docket No. 73) are DENIED.

5. The Motion for Inclusion (Docket No. 51) by defendant Radford Davis ("Davis") is MOOT.

6. The Motion to Act as Amicus Curiae or "Friend of the Courts" (Docket No. 65) by Ronald Collins, Jr. is DENIED.

7. Aguiar's Motion to Strike (Docket No. 72) is MOOT.

8. The Motions to Dismiss of the Shepherds (Docket No. 7) and Davis (Docket No. 71) are ALLOWED and the case against them is DISMISSED without prejudice for lack of personal jurisdiction.

9. Aguiar's Motion for Preliminary Injunction (Docket No. 3) is DENIED.

10. By February 29, 2008, Aguiar shall either cause counsel to appear on his behalf or file a statement that he will continue toproceed pro se.

11. By 12:00 noon on March 5, 2008, defendant Floyd Webb("Webb") and Aguiar shall file, jointly if possible but individually if necessary, a proposed schedule for this case and a statement of whether they each wish to go to mediation.

12. A scheduling conference will be held on March 6, 2008, at 1:30 p.m. Aguiar and Webb shall attend.

13. By March 14, 2008, Aguiar shall file an amended complaint clearly stating the factual and legal bases for each of his claims against Webb and any other putative defendant, and the grounds for jurisdiction as required by Federal Rule of Civil Procedure 8. In light of this Order, Aguiar's Motion to Amend the Complaint (Docket No. 23) is MOOT. (O'Leary, Dennis)
That is where we are. My lawyers are filing my proposed schedule for the case and answering the Judge's request to consider mediation.

I have a very interesting interview with a Boston lawyer about an aspect of the film on Friday.
I write about the outcome on Saturday.

I would like to think this is all just about over, but we will see.

And now for some GOOD News, even if it ain't mine.

I heard from a friend and little brother of mine in London, filmmaker John Akomfrah. John just got the Order of the British Empire(OBE). That is some high order royal Pommie action, that is. I get to go to Federal Court and he gets an OBE from Buckingham Palace. Now I know these things are looked at very tongue in cheek, what with the brutal history of British colonialism and what not, but in my book that is like receiving that long lost 40 Acres and a Mule. He should have asked, "...does a diamond mine come with this metal?"

I think he should get the medal just for taking me to this nondescript African joint in London where they served this wonderful grilled fish and plaintain. I taste it everytime I hit Northeast London. Next time I go, I swear, I am finding this place again. Hint Hint, John???

If I am not mistaken this is the thingamajig he gets to wear on the right. I bet this will get him served in certain restaurants, and arrested in the wrong part of town for impersonating an OBE. Oh, the complex urban environments we live in.

Nevertheless, my congratulations to John, a brilliant filmmaker, a great person and all around good guy.

Do I have to say stuff, like 'milord' and bow and have a red carpet on hand for visits now John?




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