top of page

16 STRONG AND GROWING

SAG-AFTRA  Lawsuit News

 

The head of SAG-AFTRA is now the target of a federal lawsuit involving a collusion/conversion investigation. This is significant, and opens a pathway to justice for the tens of thousands of American actors, directors and writers who've had money taken from them, along with the right to work without interruption or fear.

George Clooney, Natalie Portman and Justin Timberlake are among the potential witnesses listed by Ed Asner and the 15 other plaintiffs in the lawsuit against SAG-AFTRA over $130 million in unpaid funds.

9/26/13​

Secretary-Treasurer Amy Aquino

 

 

 

SAG-AFTRA National Board of Directors Meets via Videoconference

 

Los Angeles and New York, (July 27, 2013) – The SAG-AFTRA national board of directors met today in a one-day videoconference plenary and reviewed several administrative, finance and governance matters.

 

The National Board received reports including:

 

National Co-President’s Report

National Co-President Roberta Reardon reported on recent meetings of the International Federation of Actors (FIA) and the AFL-CIO Executive Council. Reardon commended the board for its extraordinary service in the first year of the merged union.

 

Secretary-Treasurer’s Report

National Co-Secretary-Treasurers Amy Aquino and Matt Kimbrough reported on the union’s 2013 Year End financials noting that the integration of the prior organizations’ finances has been completed. The board also received an unqualified opinion with respect to the audit conducted by the union’s accounting firm, PricewaterhouseCoopers.

 

The board recognized Chief Financial Officer Arianna Ozzanto and her finance team for their efforts in integrating the predecessor unions’ financial operations.

 

National Executive Director’s Report

National Executive Director David White noted that that this was the final meeting before the election of the new board of directors.  White commended the board members and staff for their hard work in accomplishing the merger, working through myriad issues related to the transition period, and congratulated the body on their service as the founding board of the new union.

 

White updated the board on administrative and operations matters highlighting the level of activity in SAG-AFTRA’s four major contract areas (Entertainment, Broadcast News, Commercials and Sound Recordings), including activity related to contract negotiations and enforcement, and to several successful organizing campaigns.  White drew particular notice to the effective collaboration of SAG-AFTRA’s leadership, committee members and staff throughout the last year.

 

White said, “As the final meeting of the transitional National Board, today was an important marker in the life of this newly merged union.  The elected leadership who led the way over this past year has done extraordinary work and leaves a tremendous legacy for the elected leaders who will follow.  We’re all very grateful for their diligence and perseverance through this significant time.“

 

Legal and Governance Report

Chief Administrative Officer and General Counsel Duncan Crabtree-Ireland reported that the foreign royalties program has distributed more than $17.5 million to performers since inception.

 

Crabtree-Ireland presented an update regarding convention planning and scheduling along with expected delegate registration timing.  In addition, the board reviewed recommended proposed rules for the conduct of business at the upcoming inaugural SAG-AFTRA convention scheduled for Sept. 26 –29, 2013, at the J. W. Marriott at L. A. Live in downtown Los Angeles.  The board approved the recommended rules, which are being finalized for publication in advance of the convention.

 

The board also reviewed proposed constitutional amendments submitted to the union per its submissions process. The board acted on two of the amendments, which move forward to the convention.  The proposed amendments approved today will be published in advance of the convention, along with any additional proposed amendments submitted by the required number of local boards.

 

The meeting was adjourned at 10:08 p.m. PT.

 

 

About SAG-AFTRA SAG-AFTRA represents more than 165,000 actors, announcers, broadcast journalists, dancers, DJs, news writers, news editors, program hosts, puppeteers, recording artists, singers, stunt performers, voiceover artists and other media professionals. SAG-AFTRA members are the faces and voices that entertain and inform America and the world. With national offices in Los Angeles and New York and local offices nationwide, SAG-AFTRA members work together to secure the strongest protections for media artists into the 21st century and beyond. Visit SAG-AFTRA online at SAGAFTRA.org.

 

Follow SAG-AFTRA on Twitter (twitter.com/sagaftra) and Facebook (facebook.com/sagaftra).

http://www.hollywoodreporter.com/

12:30 PM PDT 7/27/2013 by Jonathan Handel

 

The SAG-AFTRA board is meeting Saturday and is considering two constitutional amendments, The Hollywood Reporter has learned. It was not immediately possible to determine the subject matter of one of the amendments.

According to a source who spoke on condition of anonymity because of the confidential nature of the matter at this stage, the second of the amendments would allow the union’s convention to delegate all or part of its authority to the SAG-AFTRA national board. The amendment doesn’t automatically delegate that authority. A separate convention resolution would be introduced if this passed to actually delegate that authority.

The authority could then be revoked by any convention by a simple majority. The union holds conventions every two years.

If the national board approves the amendment, it will be acted upon by the convention. Passage requires a 70 percent vote of those delegates voting. In addition, there may be other amendments coming from the union’s Locals, but it is too early to tell. Under the SAG-AFTRA constitution, the boards of the Locals can propose amendments up until 45 days before the convention, which will be held at the end of September. If 1/3 of Locals sign off on the amendment, it goes to convention for an up or down vote.

The amendment on the national board’s agenda today “seems to have good traction because even in the best written documents there are small fixes that had the board had the authority this year would have made a difference,” according to the source. “The need for the convention to (retain the authority to make even small fixes) was a legacy AFTRA insisted upon” in the negotiations with SAG that led to merger.

The source added that this approach has proved unworkable, and that the amendment would represent a small return in the direction of the SAG rules, which allowed the board by a super majority to amend the organization’s constitution.

Under the amendment, the board would not be able to exceed the convention’s authority. That is, matters reserved to the members will remain in the hands of the members.

The convention will be a large affair, with almost 500 delegates attending. It’s scheduled for September 26-29 and will be held at the Los Angeles Marriott at L.A. Live. Some legacy SAG members of the board are skeptical of the value of having a convention at all, given the cost, but AFTRA required it as a condition of agreeing to merger. Even if the affair should prove to be a bust, there will be at least one more convention held, in two years, before the convention itself could be amended out of existence. That too was an AFTRA requirement.

National Executive Director David White

  • Arianna Ozzanto

Experience Chief Financial OfficerSAG-AFTRA

March 2012 – Present (1 year 6 months)Los Angeles, C

Chief Financial Officer

Screen Actors Guild
January 2009 – April 2012 (3 years 4 months)

National Director Finance & Administration

Screen Actors Guild
February 2007 – January 2009 (2 years)

Director of Finance and Strategy

Screen Actors Guild
May 2006 – February 2007 (10 months)

Senior Manager Finance

Screen Actors Guild
July 2005 – May 2006 (11 months)

Budget Analyst

Screen Actors Guild
February 2004 – July 2005 (1 year 6 months)

Financial Analyst

WellPoint
September 2002 – December 2003 (1 year 4 months)

Senior Financial Analyst

20th Century Fox

October 2000 – September 2002 (2 years)

Chief Administrative Officer and General Counsel Duncan Crabtree

Bob Bush

“Super Lawyers” in 2005 by Los Angeles Magazine.

Mr. Bush is active in the Southern California and national labor and legal community, having served as Chair of the Los Angeles County Bar Association Symposium Committee and as the Chair of the Railway Labor Subcommittee of the American Bar Association Labor and Employment Section. He is a Fellow of the College of Labor and Employment Lawyers. Mr. Bush has been an editor of two labor law books published by the American Bar Association, The Developing Labor Law and The Railway Labor Act. Mr. Bush was named to the select list of Southern California

Ira L.Gottlieb

Mr. Gottlieb was selected a Southern California Superlawyer in 2012 and 2013.

Mr. Gottlieb is or has been a member of the American Bar Association Committees on the Railway Labor Act, and Development of the Law under the National Labor Relations Act, and the American Bar Association Labor and Employment Law Section, the State of California Labor and Employment Law Section, the Los Angeles County Bar Association Labor Law Section, and the AFL-CIO Lawyers Coordinating Committee. He is a senior editor of the American Bar Association publication, “The Railway Labor Act,” Second and Third Editions, and was an editor of the first edition. He has taught labor law at Southwestern University Law School in Los Angeles.

 

When Hollywood Held Hands With Hitler

Source: chronicle.com

A debate is raging over the studios' alleged collusion with the Nazis in the 1930s.

 

 

 

richertwilliam@mac.com

 

Dear Eric and Dennis,

 

Started reading this article then wrote a bit for facebook:

 

SUNDAY MORNING REFLECTION ON AN ARTICLE ABOUT COLLABORATIONS BETWEEN THE HOLLYWOOD STUDIOS AND HITLER:  WHAT DID THE UNIONS KNOW?

 

While our present lawsuit against the lawyers in the Hollywood unions -- USAC VS SCREEN ACTORS' GUILD -- is nothing like the fight of much of humanity against Hitler, it illustrates the labyrinth levels of collaboration amongst seeming enembies – like Jewish studio heads and exterminating Nazis – can exist and do exist for complex reasons, mostly involving money.

 

Like union lawyers working both sides, studio and union, for their own benefit.

 

Right now I’m watching two of the publications mentioned in this article – VARIETY and THE HOLLYWOOD REPORTER – along with the other major LA Newspapers and virtually all the national telvsison media – either distort the facts in the lawsuit against corruption in Screen Actors’ Guild and its inscestuous marriage to American Federation of Television and Radio Artists – or refuse to write and report openly that some of the union’s most respected and illustrious members are saying in a courtroom that the unions are thieves and liars and have misled their membership.

 

Instead the reporters write almost nothing at all, anywhere, except to cast the fighters against the union as "disgruntled" instead of outright rebels against a corrupt and secretive union hierarchy, an executive staff where no actor is allowed to work, and no elected official is allowed to speak.

 

Since his virtual coup in 2009, installed in office without any vetting from a compliant Board of Directors, no elected official has been allowed to speak on union matters except through David White, its CEO, and Duncan Crabtree-Ireland, General Counsel.

 

This is democratic?

 

In reporting about our lawsuit against SAG, where 16 actors and more are litigating about theft of residuals and foreign levies, both VARIETY and THE HOLLYWOOD RFEPORTER have withheld key facts from their readers, while the other newspaers like the LA Times have actually provided the unions with facts in out lawsuit even before the unions got the complaint -- the Los Angeles Times Richard Verrier gave SAG  inside information, got union response, and then wrote one story that mislead and not a word since.

 

More on this later.

 

This morning I’m remembering, based on this important article, how my great pal Vincent “Jimmy” Sheean, who wrote THE FOREIGN CORRESPONDENT which became Hitchcok’s movie, used to talk about the Vichy regime’s support of the Nazi’s and the hypocracy of Joe Kennedy and others who secretly helped Hitler.  There were many.  Jimmy could sing Milton to the tune of Inke dinke parlez vous (sp?) and I was there the night he fired Lyndon Johnson by telegraph, sitting in the corner of his couch, dictating like Churchill (I know this worked because I spoke at length with Johnson’s daughter Lucy Johnson Nugent during an interview in Austin, Texax and she rememberd a particular incident before Johnson made his decision not to run a second time) (one night Jimmy and Winston got totally drunk in a bar in Italy I think it was, in a city with a steep hill, and Jimmy wanted one drink more but Winston said no and took a cab.  When Jimmy took his cab down, it was crashed by another car, where Winston would have been sitting and killed no doubt.

 

Lots of stories I heard those days with Jimmy and his wife Diana Forbes-Robertson, whose aunt Maxine Elliot was mistress to Edward  VII of England and J.P. Morgan (one morning at breakfast at Cannes, where Maxine had a slide that went down to the ocean, my friend Diana went down to the long long table and there was Winston and he was talking about Franco making alliances with Germany and some line had been crossed in Spain and he put his fist down next to his coffee and said that he must return to England and perhaps look to Russiia for help – Churchill was an Admiral at the time – and Maxine said “Oh Winston, you wouldn’t ally yourself with those awful Communists, would you? And Churchill answered:  “I would make an alliance with Satan Himself to save England” – I heard this from the woman who heard this, and who repeated it to me while sounding like Churchill –( has there passed away a greatness from this earth? )– now it’s here on facebook me to you; I can still here Diana’s imitation of Churchill ringing like the bells of Parliment) – anyhow, we used to drink martinis me being twenty something and feeling short next to the tall Irishman and Jimmy would sing AIDA (once I answered the phone to a woman who said “it’s Mary” in a deep Southern accent,  it was the great opera singer Leontine Price – also Greta Garbo would call and Thornton Wilder and John Gunther – but mostly Jimmy would tell stories and sing operas while frying or reading Wordsworth or Keats or Milton with a kind of a lisp as his teeth were going.

 

(In some of our all-nighter conversations I used to tell River Phoneix stories I’d heard from Jimmy and read him Wordsworth and Lawrence and others, like Jimmy read them for me.  River liked them as much as I did and sometimes played his guitar with the poetry. That was an amazing time too, but another story.)

 

Jimmy was also great friends with Faisal of Arabia and Mahatma Ghandi – Jimmy was there in the next room when Ghandi was assassinated, and I often took up mail from the doorman downstairs from his Mahatma’s  daughter Indira when she was Prime Minister of India – Jimmy famously powerfully lectured the full-house Louisiana senate in front of Huey Long on the treatment of the former slave population, who he said had to be included with total equality by every human measure before America itself would be freed from slavery --  This was during Vietnam, and he explained to me  how the United States would no longer be a “capitalist country” because it was spending all its capital on oil and bombs. He’d cook bacon in a frying pan sipping martinis at his side, himself being six-foot-four, friends with the leaders of China, too (Chou En Lai, Chairman Peoples Republic of China at the time told Jimmy with a smile “it is true, a nuclear bomb could destroy half a billion of our people.  But of course we would still have half a billion more, while with this number you would have less than none.”  This is a direct historical quote, maybe printed nowhere before.)

 

Jimmy said that in 20 years the Red Chinese would be marching down Broadway, since the tiger was awakening.  That hasn’t happened, except metaphorically. Jimmy watched the rise of Hitler with his friends Albert Einstein and Ernest Hemmingway and a hundred other legends of their time and Jimmy despised the Nazi’s with a visceral anger you won’t find in CASABLANCA, and he knew first hand how an entire people could be overtaken by tyranny while they watched it happen.  Nazis were never entertaining or endearing in any way whatsoever, as they almost were in STALAG 17, for example, which I acted in in High School.

 

I don’t have conversations like those any more, but I see these present-day Hollywood studios and their secret deals with the unions, with blacklisting and stealing and backstabbing a culture like it must have been during the McCarthy days or now it seems the Hitler days, if this article holds true.

 

Presently I am writing a story for fellow USAC anti-corruption fighters – we’re not a “committee” connected to any institution but a wholly-independent self-formed and ultimately numberless committee of CEO/Actors, insisting on taking charge of our destiny and getting the money owed to us – I’m writing a memo about how THE HOLLYWOOD REPORTER and the formerly august (tinselly) VARIETY and the LA TIMES have blatantly succumbed to union-studio pressure and refused to faithfully report the truth about the lawsuit we’ve filed in a Federal Court naming the union studio-owned lawyers who’ve completely and absolutely taken control of the members from the elected officials and absconded with the actors, writers and directors they were meant to represent.

 

When the leaders of a company town are named as crooks, this is important to the company town, and the company town’s reporters ought to write about it.  Once upon a time it would be their duty to report the such news. Sharon Waxman is emblematic of the trending smart silent set of self-censoring “journalists,” a word sullied and newly defined by this invasive specimen of the un-reporting reporter, she formerly of the NY TIMES.

 

 

In 2013 Hollywood’s newly-famous “Black List” is actually a list of “good” scripts, unlike the WGA-HOLLYWOOD REPORTER-MAJOR STUDIO “Blacklist” of our fathers that sent great writers into hellish retreat from the business they helped shape and create.

 

Our Federal case is a story being told as it unfolds, we won’t wait for a generation to pass before the aims of UNITED SCREEN ACTORS COMMITTEE VS SAG are known to the thousands of artists who have lost income and civil rights because of collaborative unions and studios.

 

We need free and transparent economic representatives for artists, because mostly ill-paid artists are the canaries in society, with special songs that lawyers can’t silence or suppress, or barely hear themselves, that need to be heard by the people, even if we must discover lawyers as outraged as ourselves who do heed the calls and songs like Helena Wise and fighters like Eric Hughes and Ed Asner and Tom Bower and Dennis Hayden to help us remove betrayers like David White and Duncan Crabtree-Irland and Robert Hadl.  I mention these union lawyers names because the newspapers will not, even though these names are written 49 times in our lawsuit, one of the most significant labor lawsuits in US history.

 

It is very dangerous to have artists in the grip of bad union leaders.  Artists are unpredictable, universal, narcissistic, selfless, relentless, fearless, highly communicative, potent observers, and often very rich. Cheers William Richert.

 

SAG Loses Battle Over ‘Leave It To Beaver’ Legal Fees With Insurance Company

By DOMINIC PATTEN | Thursday July 11, 2013 @ 6:08pm PDTTags: Lawsuit, SAG, SAG AFTRA

 

inShare1 Comments (9)

 

Lesson for SAG – Don’t mess with the Beav or at least anyone from the classic show. First, the union had to settle a 2007 class action suit from Ken Osmond, who played Eddie Haskell on Leave It To Beaver, and other actors accusing SAG of not properly paying out $8.1 million in overseas royalties. Today the union lost its summary judgment attempt to get Federal Insurance Company to reimburse them over $300,000 in legal fees that they paid out to Osmond in 2010 from the royalties case (read it here). “In this case, SAG’s own coverage position and assertions lead to but one result, which is that, insofar as SAG is and was, prior to the Osmond action, obligated to account for and distribute the foreign levy funds to the plaintiff class, SAG fails to establish that the $330,000 award arises from a ‘covered’ claim under the policy,” wrote Judge Dolly Glee today. It has taken almost two years to get this dispute resolved and probably a few bucks in new fees – and that’s it the union don’t appeal. The union first filed their breach of contract and tortious breach of the covenant of good faith and fair dealing complaint against the insurer on July 22, 2011. On the upside for the union, the US District judge did agree that plaintiff SAG could now be known as SAG-AFTRA in the suit. Good, as that’s who is going to be writing the checks in the latest foreign royalties lawsuit they’re facing.

Related: SAG-AFTRA Sued For Witholding Foreign Residuals & Rewarding Officials

Deadline's Dominic Patten - tip him here.

 

 

COMMENTS (9)

  •  

     

    My, but that’s a very lovely suit you’re winning, Mr. Haskell.”

    Comment by Buddy Bing — Thursday July 11, 2013 @ 7:04pm PDT  Reply to this post
    •  

       

      FTW, Lumpy!

      Comment by e — Thursday July 11, 2013 @ 7:21pm PDT  Reply to this post
  •  

     

    Taranev, you are in idiot.

    Comment by Anonymous — Thursday July 11, 2013 @ 11:51pm PDT  Reply to this post
  •  

     

    Having been in a long-running TV series that was – and still is – very big overseas, I have always suspected that SAG (Now Sag-Aftra) was not reporting the overseas residuals to us performers. Now, with this precedent setting case we have something to go after them with and it’s about time the Feds looked into this, as well…
    See you in court!

    Comment by Going4it — Friday July 12, 2013 @ 12:01am PDT  Reply to this post
  •  

     

    Calm down. All unions don’t stuck. They are the reason you earn a living wage, don’t work weekends, and don’t get poisoned at your job. And, the left wingers you seem to hate so much are the ones who secured all those things for you, via unions.

    Now, SAG AFTRA is another story. They do suck. (And that’s why most of the union’s left wingers fought the merger.)

    Comment by M. — Friday July 12, 2013 @ 12:03am PDT  Reply to this post
  •  

     

    WOuldn’t it be a much happier and different world if people got paid one time flat deals for all their transactions !! Instead, we’re built on a guarantee of some sort – then the rest comes in %’s – which means nothing more than fuzzy math & accounting. James Garner, etc all classic examples. Flat deals everybody.

    Comment by bob jackson — Friday July 12, 2013 @ 1:08am PDT  Reply to this post
  •  

     

    So I guess that Membership First isn’t so crazy after all.

    Comment by pj — Friday July 12, 2013 @ 7:13am PDT  Reply to this post
    •  

       

      Who are you kidding? Membership First are as crazy as they come. Did you forget about the whole strike that led to Aftra taking over and the refusal to merge even though SAG was a sinking ship. However the foreign residuals scene is real and I’m hoping that now there is one Union they begin to dig deep into this issue and rectify it.

      Comment by Steve — Friday July 12, 2013 @ 9:06am PDT  Reply to this post
  •  

     

    Gather the evidence. Box it. Take it to court!

    Comment by Torter — Friday July 12, 2013 @ 11:38am PDT  Reply to this post

Ken Osmond settled lawsuit over foreign levies in 2011

 

A federal judge has ruled SAG-AFTRA is on the hook for the $330,000 it paid to Ken Osmond and his attorneys to settle his class-action suit over foreign tax revenues.

The union had sued Federal Insurance Co. in Los Angeles in 2011 for refusing to reimburse the funds paid to the “Leave It to Beaver” actor.

 

U.S. District Court Judge Dolly Gee granted Federal Insurance’s motion for summary judgment on Thursday to settle Ken Osmond’s class-action suit over foreign tax revenues.

“In this case, SAG’s own coverage position and assertions lead to but one result, which is that, insofar as SAG is and was, prior to the Osmond action, obligated to account for and distribute the foreign levy funds to the plaintiff class, SAG fails to establish that the $330,000 award arises from a ‘covered’ claim under the policy,” she wrote.

The suit alleged that Federal was in breach of contract under the terms of the policy covering legal claims, which was in effect when Osmond filed his action in 2007. SAG, which became SAG-AFTRA last year, sought damages of $330,000 on each of two claims, plus its additional costs.

Osmond, who played Eddie Haskell in “Leave It to Beaver,” sued over SAG’s handling of “foreign levies” collected from countries through mechanisms such as taxes on video sales and rentals to compensate copyright holders for reuse. The guild finalized a settlement in February, 2011, under which he received $15,000 and his lawyers received $315,000.

Federal Insurance argued that settlement funds were not covered under its policy and that there was no coverage for a claim seeking “unpaid benefits.” SAG argued that the policy covered any sum was legally obligated to pay under the “incredibly broad” definition of a wrongful act.

“SAG’s argument is not persuasive,” Gee wrote.

Gee granted SAG-AFTRA’s motion to replace SAG as a plaintiff.

The Osmond settlement brought about judicial oversight of SAG’s handling of “foreign levies,” which started flowing in 1989 after the U.S. agreed to the terms of the Berne Convention establishing the right of authorship for individuals. SAG, the WGA and the DGA began collecting the funds in the early 1990s on behalf of members and nonmembers.

Osmond’s suit contended that SAG overstepped its authority to make those agreements and never disclosed them until he and Jack Klugman threatened to file suit. A similar suit on the foreign levies issue was filed in 2005 against the WGA West by William Richert and was settled in 2010; another was filed in 2006 against the DGA by William Webb, who settled in 2008.

SAG-AFTRA was sued May 24 by 15 members including former SAG president Ed Asner, alleging extensive misconduct in its handling of foreign levies and residuals they are owed.  The suit, filed in federal court in Los Angeles by the United Screen Actors Committee, alleges SAG-AFTRA has improperly withheld funds and stonewalled requests for information about $110 million held in trust by the union.

The union has brushed off the allegations and insisted it has done nothing wrong.

SEE ALSO: Ed Asner, 15 Others Sue SAG-AFTRA Over Unpaid Funds (EXCLUSIVE)

Filed Under:

Comments.

 

New Three-Year Commercials Contracts Effective Retroactive to April 1, 2013

 

First Major SAG-AFTRA Contracts Overwhelmingly Approved with 96 Percent of Vote

 

Hmmm…in 2009  28% voted on the contract (36,960.)  This time only 13% voted (16,900.)   Can you spell Apathy???

 

Sounds like a Dictatorship with that kind of percentage.

  • b-facebook
  • Twitter Round
  • b-googleplus

From: fcbfilms@hotmail.com
To: wcapplegate@aol.com; antkaufman@gmail.com; alhayes@the-machine.net; hydepark@mindspring.com; nkurtz@jjllplaw.com; angelsamongus12@gmail.com; stefan@stefanavalos.com; tubower@msn.com; reelmovies@aol.com; brandonctolman@mac.com; barrygermansky@yahoo.ca; thecolonel@vbbn.com; belindabauer@me.com; rbonsignore@aol.com; bsterling@rcn.com; nbrown@jjllplaw.com; codereddvd@yahoo.com; erboyle@aol.com; ebarton@wcllp.com; peter.bart@variety.com; ninsky13@hotmail.com; ceallen@compass1.com; jimmyfingers@oceanfree.net; stymeekatt@msn.com; dcs@sernalaw.com; jcoffee@law.columbia.edu; k_r_craft@sky.com; dennishayden@hotmail.com; dave.mcnary@variety.com; designmanager@yahoo.com; morin@pmplaw.com; dje@evanslaw.net; rapunzelinnewyork@gmail.com; dkholm@mac.com; daj@digitaleconomics.com; deadlinehollywood@gmail.com; dimitra.ekmektsis@gmail.com; evanferrante@gmail.com; erin2535@mchsi.com; etude-piletta-zanin@vtx.ch; sfoundas@filmlinc.com; joel@grossmanmediation.com; llbengr@aol.com; mgrenadier@gmail.com; patrick.goldstein@latimes.com; hrm@hrmatlencpa.com; hmatsco@aol.com; prayharper@gmail.com; ialwayswinfilms@gmail.com; johnleo9@aol.com; j.sh@verizon.net; jdunno@gmail.com; njohnson@jjllplaw.com; jwinikow@yahoo.com; kylemorris@rcn.com
Subject: Letter to Judge in Writers' Class Action
Date: Tue, 7 Aug 2012 04:21:52 +0000


 

DEAR MEMBERS OF THE AMERICAN WRITER, DIRECTOR AND ACTOR CLASS ACTIONS OF 2012:

 

ALLOW ME TO INTRODUCE MYSELF:

 

I am the lead plaintiff in the class action lawsuit WILLIAM RICHERT vs. WRITER’S GUILD OF AMERICA et. al. (BC339972) with related cases against the Director’s union and Screen Actor’s union – three largely unknown lawsuits about “foreign levies” which have been adjudicated in the Los Angeles Superior Court.

 

The cases are “settled” according to the parties signed agreements, but the truth is they are not settled, they are on fire, smoking and roiling with sealed-up falsehoods and deceit and false accountings.

 

The outcome of these lawsuits now being re-examined in the LA SUPERIOR COURT will affect the credits and pocketbooks of virtually every American writer, actor, director, porn star and documentary maker – union or free lancer -- who may have sold movies or videos overseas in the past 30 years OR who may sell their works in other countries in the future, where they will collect what are called “foreign levies.”

 

These “foreign levies,” are like royalties mandated by the state, tiny taxes on sales of media meant to benefit the artist. They were enacted by European legislatures to help writers and actors and artists who otherwise might receive nothing from the corporations who made or distributed their films/performances.  For some, the money amounts are enormous.

 

In the decades-old scheme, billions of dollars have been collected and divided – in secret – by the WGA, DGA, SAG and 11 members of the MPAA.  The method behind the split between unions and studios, money collected for actors and writers both inside and outside of unions, who worked independently or worked for studios, was first concocted by WGA Secretary-Treasurer Carl Gottlieb in the early 90’s.

 

Since then, millions have “disappeared,” unaccounted-for -- according to sworn testimony by paid-off whistleblowers, and the hidden studio-union agreements remained unknown to almost any union or non union American artist until our seminal class action lawsuit was filed against the WGAw in 2005.  It is now 2012, and there is still no accounting.

 

Using evidence from the WGA lawsuit, the same LA contingency lawyers quickly filed two more lawsuits against the SAG and DGA unions, dating back to 2007.

 

But all three of the settlements are in breach, clearly in breach, and the lawyers for all sides keep stonewalling year after year, to wear down any opposition, to protect attorney interests along with the interests of the unions’ Board of Directors and studio bosses alike; everybody working together to hold up the walls against the truth, now crumbling down on them.

 

The fiduciary obligations of the unions’ Board of Directors are to their membership.  I am sure that just about 100% of the dues-paying members of these “sister” unions would not want to be responsible for taking money from non-members if they knew about it, and would hold their officers directly responsible for immediate, transparent accountings and interest on their own money, too.

 

There is a hearing coming up on August 9, at the LA SUPERIOR COURT -- 600 Commonwealth Avenue, LA, Department 311, Judge Wiley, 9:30AM -- but if it’s like the other hearings, the majority media will ignore it.  No wonder:  the unions represent all actors and writers and broadcasters on cable and TV, and the networks and studios are owned by the very same major corporations who are tainted and caught by these decades-long thefts.

 

As the money appears to have vanished from the various unions’ domestic bank accounts, it may be the studio for-profit corporations that will finally have to pay up for the non-profit union corporations, as only they have the billions due.

 

I am a formerly reclusive writer/director/actor wrought up in this because I believed the quest of the lawsuit was genuine and was told thousands were signing on the suit along with me.  I found out I was lead plaintiff from the NY Times, and up to now I’ve been the only writer among the named plaintiffs. Maybe in the future many more  will join to demand fair representation and justice in court.  You can read more at my blog (partly constructed) at williamrichert.blogspot or at my work in progress website williamrichert.com. email:  richertwilliam@mac.com

From:

 

LEAD PLAINTIFF WILLIAM RICHERT,

WILLIAM RICHERT VS

WRITERS GUILD OF AMERICA, et. al.

richertwilliam@mac.com

 

 

                           SUPERIOR COURT OF THE STATE OF CALIFORNIA

                        COUNTY OF LOS ANGELES – CENTRAL CIVIL WEST

 

                                                                                                                                                        CASE NO:  BC339972

 

DECLARATION OF WILLIAM RICHERT -  PLAINTIFF’S OPPOSITON TO ATTORNEY’S MOTION FOR ADDITIONAL FEES

 

Hearing:

Date:       August 9, 2012

Time:      9:30 AM

Place:      Dept 311

 

Action filed:  Sept. 16, 2005

 

 

JULY 27, 2012

 

TO:  ATTORNEYS FOR DEFENDANT AND PLAINTIFF

 

 

HONORABLE JOHN SHEPARD WILEY JR.

DEPT 311

LA SUPERIOR COURT

600 Commonwealth Avenue

Los Angeles, California

 

via email and Hand Delivery

 

cc: "All American writers" represented in this lawsuit.

 

cc: Counsel Neville Johnson & Paul Kiesel for Plaintiff and Tony Segall for WGAw

 

RE: CLASS REPRESENTATIVE WILLIAM RICHERT RESPECTFULLY ASKS COURT TO DENY COUNSEL'S MOTION FOR ADDITIONAL FEES.

 

REQUESTS LAWYER'S NEWEST FUNDS BE HELD FOR CLASS TO PAY FOR NEW ACCOUNTING/REVIEW AND INDEPENDENT COUNSEL OVERSIGHT IN BREACHED SETTLEMENT.

 

 

Dear Judge Wiley,

 

Your honor, as you know I am the Lead Plaintiff in a class action lawsuit filed on behalf of non-union free American writers against the Writer's Guild of America, Inc., a non-profit corporation.

 

During the course of this 7-year litigation I have become the certified representative for both union and non-union writers in tiny towns and places all across America.

 

I also came to represent all 19,500 WGA members who today find themselves bound "forever" to the settlement terms because I was falsely presented to the courts as a member "Emeritus In Arrears," a category invented for me by the union, which I never was.

 

There is no other writer among the named plaintiffs.

 

I am duty bound by Congressional mandate to act as "Citizens Attorney General" for each and every one of my class.

 

Ethically, I must inform the court about matters that have not been presented to the Judge: willful, serious omissions that deserve the court's attention and remedies:

 

1.)            ON JANUARY 10 2012 Defendant WGAw corporation and its Board of Directors misled Judge West in Dept. 311 by saying there was an acceptable audit in settlement, placed on the wga.org website. Our lawyers did not tell the Judge that the auditors themselves say the website document is NOT AN AUDIT, and cannot be used by anybody except the WGA itself, thus deceiving the court and writer class into believing the lawsuit is satisfied. Both the writer’s class counsel and defendant’s counsel put forth this audit knowing it was not an audit and could not be used as an audit.

 

2.)            Significantly, and only just discovered in DGA documents, a new “second set of books” has been disclosed, pinpointing yearly audits of foreign levies for WGA, SAG and DGA along with the MPAA studios dating back to 2006.  It appears that throughout all these years of courtroom litigation for an audit, the guilds and attorneys concealed he existence of an annual ongoing $70,558 PKF "Tri Guild Audit", an audit paid for by the studios which might provide startling new evidence of actual amounts involved in the lawsuits, an audit of the money belonging to the writer class that the class deserves to examine since the only audit given after all these yeas is a NOT AUDIT and can't be used as an accounting for the millions "disappeared.”

 

3.)            The annual "review" on the WGAw website is also bogus and consists of only one page, and the small print states, brazenly and unbelievably, that the audit is taken from the same KMPG numbers provided entirely by the same WGA people accused of embezzlement; thus in no way can this one page document be used to verify class accounting demands under the settlement.

 

4.)            In the May 16 hearing Neville Johnson revealed for the first time that the foreign levy amount collected by the WGAw actually 200 million, or almost twice the 104 million the union told the courts and Variety and the class.

 

5.)            In post-settlement documents the WGA has revealed that 9,360 writers received the just acknowledged 200 million, but offers no proof at all that this happened, how the money was divided, not a single cancelled check.

 

6.)            Though they were told repeatedly from the bench by Judge West to provide accounting documents and correspondence to the Lead Plaintiff for the class, Neville Johnson and Paul Kiesel and Don Jasko refused, excluding American writers from their lawsuit almost entirely.

 

7.)            The court should not allow Mr. Johnson again to substitute any non-writer for the position of Lead Plaintiff for “all American writers,” as he and Tony Segall attempted to substitute into the case the daughter of non-writer Pearl Retchin, a class plaintiff who was dead for a year before the court was told.

 

8.)            As Lead Plaintiff in the case I still have not been provided any accounting at all, and have not been paid the minimum $75,000 owed to me (CAFA) against an estimated $233,000 lost as a result of the embezzlements.  My attorney Paul Kiesl told me that my checks from the WGA would be used as the basis for an in-depth accounting that would apply to all the class. This accounting could be compared to the DGA and SAG accountings for my films throughout all three unions. I relied on Mr. Kiesl’s expertise, as he gives lectures on class actions to LA Superior Court Judges, is a Co Chair of the California Bar and provides ample expertise on class actions procedures. Mr. Kiesl sat with me for three days, during which time he explained in front of witness how Lead Plaintiffs accountings are templates for the class. Because of his promise of a fair and understandable audit, given in front of witnesses, provided with court-sanctioned expert opinion I signed the settlement agreement for the class.

 

9.)            I have been retaliated against by both the WGAw Executives and Board in false statements to their membership, and by my own lawyers, who filed vexatious tax reports that got me in trouble with the IRS. In his Oct 3 2011 hearing Judge West admonished the WGA to quit any harm to the writer's plaintiff, but my lawyers ignored him and did nothing about it and the WGA harassing behavior continues online.

 

“THE COURT:  YOU KNOW, THERE’S A LOT OF MYSTERY GOING ON HERE.   AND WE ALL OUGHT TO BE AWARE THAT I’VE GOT SOME CONCERNS.  AND I WANT TO HEAR FROM MR. RICHERT ON THIS ISSUE.” – Judge Carl J. West, May 21, 2008

 

Your honor, I declare that if the DGA's accounting is "laughable," the WGA brings down the house with its claim that its Board of Directors spent approximately 35 million in "administrative fees” etc., – not to mention attorney and whistle blower fees – an amount exceeding the entire WGAw yearly budget --  to distribute non-union and union foreign levies – not a penny of which belonged to them -- when they were unable to account for any of it until the appearance a “not audit” audit, accompanied by the equally sudden appearance of 200 million after the recent sudden appearance of 104 million -- and all of it a fraction of what actually was collected by unions divided with the studios -- is pure bunk. WGA corruption exposer Eric Hughes’ documents, and Teri Mial’s paid-off employee Whistle blower testimony, show all the accounts to be false.

 

Therefore, on behalf of the class I represent, I seek a decree that shifts the funds for future attorneys fees to a general fund for the class of writers I represent, so the just-discovered "Tri Guild" accountings can be examined, and new attorneys can be hired to look at the entirety of this settlement action and its aftermath in your courtroom.

 

Because of these post-settlement revelations, an outside accounting is in the interest of fairness to the millions owed by law to the authors and screenwriters of the 102,00 "titles" the WGA claims to have collected money for, and split with the DGA and studios.

 

With these revelations since Judge West retired, we discover a large number of artists in plaintiff classes, with the guilds owing money to 102,000 writers and 102,000 directors of those titles and the 500,000 or more actors in the related SAG case; they say they paid it, but as Mr. Hughes puts it, there is “not a shred of evidence.”  -- But sworn evidence of plenty of shredding.

 

 

 

“THE COURT:  THE UNDERLYING GOAL OF THIS SETTLEMENT AND THE COURT’S DETERMINATION THAT IT WAS A FAIR AND REASONBLE SETTLEMENT ON BEHALF OF THE CLASS OF PEOPLE WHO WERE CERTIFIED FOR SETTLEMENT PURPOSES AND WHO ARE BENEFITTING FROM THIS SETTLEMENT:  IS THAT THERE WOULD BE A MORE TRANSPARENT AND OPEN ACCOUNTING OF COLLECTIONS AND DISTRIBUTIONS.”  Judge Carl J. West, Dept 311, Jan 10, 2012

 

 

As "Citizen Attorney General" for my class of American writers, I plead that your honor will assist this plaintiff by enacting the following motions in the interests of fairness, justice and transparency:

 

MOTION TO DENY ATTORNEY FEES TO CLASS LAWYERS in the August 9, 2012 hearing until the court is satisfied the writer class plaintiff has funds to hire a lawyer equal to the super-lawyers so the writer-plaintiff can adequately defend the class against further theft, "Both federal and California courts have held that, when the ethical violation in question is a conflict of interest between the attorney and the client, the appropriate fee for the attorney in question is zero." -- letter to Judge Highberger re fraud on LA Superior court.

 

 

MOTION TO COMPEL DEFENDANT DGA, ITS CFO AND PRESIDENT AND BOARD OF DIRECTORS TO PROVIDE ALL PKF STUDIO AUDITS IN ITS POSSESSION RELATING TO THE WGAW FOREIGN LEVY LAWSUIT, INCLUDING AUDIT OF WITH MAJOR STUDIOS TO VERIFY AMOUNTS. The class should not be the out and out loser in a class action if the action has merit and is sound. The class is entitled to simple transparency in all audits which relate to money which was collected illegally for thousands of unsuspecting free writers and writers not hired by studios. It is in the most urgent interest of the class to know how much of their money was given to the studios, and to each of the unions, and how much actually received from this settlement.

 

MOTION FOR WRIT OF MANDATE TO COMPEL WGA TO PROVIDE WRITER CLASS COPIES OF WGAW"TRI STATE" AUDITS SHOWING WHERE THE FOREIGN LEVY MONEY DISAPPEARED. The settlements do not release claims against the WGAw for splitting with studios outside the collective bargaining agreement; the settlements do not settle any future claims from non-union American actors OR union American directors. The Board of Directors are basically withholding evidence.

 

MOTION TO COMPEL COPIES OF DOCUMENTS, ACCOUNTINGS AND EMAILS BETWEEN CONSULTANT DONALD JASKO AND WGAW et. al. CFO DON GOR BE GIVEN TO THE WRITER CLASS. Donald Jasko asked me specifically for copies of checks I got from the WGA that did not match the DGA; I did not know it was just to keep me quiet, and he had no intention of using them.

 

MOTION TO COMPEL ACCOUNTING FOR LEAD PLAINTIFF WILLIAM RICHERT AS TEMPLATE FOR THE CLASS, AS PROMISED by counsel Paul Kiesl before signing the settlement, specifically the titles “Law and Disorder,” “The Happy Hooker,” “Success,” “Winter Kills,” and “The Night in the Life of Jimmy Reardon,” “The Man In The Iron Mask,” years 1974-2012.

 

MOTION TO COMPEL WGAw to provide copies of its settlement documents to states attorneys-general and Federal authorities as provided by law, since the affected are from all states.

 

MOTION TO DEMAND NEVILLE JOHNSON AND WGAW CEASE RETALIATION AGAINST NAMED PLAINTIFF, as the WGAw puts false statements about me on its website and to letters to its members, and Neville Johnson purposefully filed misleading tax information to the IRS causing me tax burdens. No class representative should have to fear retribution or bad-mouthing from the defendant or his own lawyers.

 

I have been threatened to be dumped roadside, and blacklisted, and other things during this confrontational litigation with my former union, who claim I am a member when they need the association and then deny it in emails to their members when they don't.

 

                                BACKGROUND AND AUTHORITY

 

 

Neville Johnson told the LA Daily Journal that he was the mastermind of the “3 sister” foreign levy lawsuits in 2005, drawing upon his existing clients as Lead Plaintiffs.

 

I was such a client at the time, with my jury award the highest he ever got, almost 15 million. Mr. Johnson knew I’d publicly stated that the WGAw was corrupt from having my credit for THE AMERICAN PRESIDENT/WEST WING given to another writer without due process or transparency just the way Mr. Johnson described the way the guild concealed millions in undistributed funds for unnamed non-union writers the guild divided with the studios in a long-running kind of mutual extortion.

 

The real force behind Neville Johnson's lawsuits was Eric Hughes, screenwriter of "Against All Odds" and "White Knights."  It was Eric Hughes, WGA presidential candidate running against corrupt credit arbitration in the WGA, who obtained insider documents from whistle blower Teri Mial, paid six-figures herself to keep quiet in this lawsuit.  And it was Eric Hughes who introduced Mial to Mr. Johnson, and who showed Mr. Johnson, along with me and other prominent journalists, just what the corruption looked like on paper.

 

Mr. Johnson was essentially a copyist of Mr. Hughes' written allegations used by his firm Johnson & Rishwain for their original complaints of fraud and other things against all three Hollywood “labor” guilds.

 

We ask the court to demand that documents held by Mr. Hughes be given to the class. Mr. Hughes owes it to the writers, actors and directors to provide copies of evidence that rightfully belongs to them, and which can eliminate instantly, with publication of names and amounts, all doubt about who did what, and can provide immediate finality to this class litigation. 

 

However, far more significant to this breached settlement, a game changer, is the discovery from new statements by the DGA that the unions and studios have actually been covertly doing audits all this time.  This means that all during years of lengthy courtroom hearings for the DGA, WGA and SAG since the lawsuit was filed in 2005, the lawyers kept quiet.  Now we see proof positive how all foreign levies were all audited by the studios and themselves since maybe as early as 2003 in what the CFO of the DGA calls "Tri Guild Foreign Levy Audits." 

 

It would be a public sham to continue hearings in court to get something already got.

 

It is iconic misdirection among 19+ lawyers for the unions who appeared for these guilds in court during the past 7 years and never mentioned they already had what the class was looking for:  an audit; evidence of a billion-dollar secret royalty split between the unions and studios approved by nobody among the free Americans in my class, whose money it actually was/is, and who could use it today.

 

BIG STORY, BIG PLAYERS

 

This could only happen in Hollywood, where a whisper can sink a ship of a career.  Where unions have meetings with both writers and young video dancers with teamsters in tow.  Intimidation is rampant, your honor should know.

 

Once I discovered Mr. Johnson, and next Mr. Keisl, were ready to sell out the rights of American writers for their personal and corporate profits, that they were essentially profiteering on Superior Court litigation without regard for the greater long term rights of the writers who are their clients, I became in direct conflict with my lawyers while standing in place as lead plaintiff, and I am standing still, for I have not surrendered the original goal of the case: a true accounting and payout and end to unethical behavior.

 

I attach a "disappeared" check signed by Patric Verrone made out to the poet Bukowski, a fellow class member.

 

Mr. Johnson tells each judge about how weak and unorganized our related cases for writers, directors and actors are; tells each judge he/she is our only hope, but that's because Neville Johnson is not doing his job, as it is not the Judge's job to act as advocate for the lawyer's underdog in a lawsuit.

 

The lawyers for both sides in this case purport to represent writers and artists, but none of them really do.

 

The true facts and true movers have been concealed from Dept. 311, from both you and Judge West before you, and Judge Morrow before that in Federal court.

 

The court transcript of January 10, before he retired, shows Judge West believed both sides when he was told an "audit" had been placed on the WGAw website. His sudden retirement meant he never saw the one page NOT AN AUDIT that Mr. Johnson and Mr. Kiesel and Mr. Segall told him gave settlement finality to the RICHERT VS. WGAw lawsuit.

 

At Judge West’s last hearing in Dept. 311, January 10, 2012, which I couldn’t attend because I wasn’t told about it, Judge West did say to Messrs. Johnson and Schecter: "I don't want the two of you in front of me any more. It doesn't do any good,” and “I know enough to be dangerous.”

 

Judge West said if it had his name on it, "it has to be right."

 

Before telling Judge West the audit was on the WGAw website, Neville Johnson claimed that the settlement was in material breach; only a large payment to Donald Jasko changed that, along with fees yet to be paid to Neville Johnson.  But for these payments, the settlement is still in breach.

 

I don't claim copyright but my name is on this lawsuit and I've known some great writers who deserve my sticking to our rights, even if I am threatened with expulsion from the writer's lawsuit in favor of lawyers. A case brought on behalf of writers should have a writer in it.

 

SOLIDARITY OF CORRUPTION

 

It is absurd to have the accused corporation offer its own accounting without strict oversight, or any oversight. Having the WGAw review its own review is like a joke; a "Not Audit" is not acceptable to settle a lawsuit except for suckers, and putting numbers from a "not audit" up on the wga.org website as an "one-time review" with an “annual review” consisting of 3 lines is offensive and insulting to my class.

 

I still have not gotten any form of accounting for my own foreign levies owed and interest bearing dating back to 1974. Please show us the stubbs.

 

Besides being useless to the class, the accounting is AICA, not GAAP; another breach.

 

ACCOUNTING NOT PERFORMED ACCORDING TO GENERAL ACCOUNTING PRINCIPLES AS REQUIRED IN SETTLEMENT

 

The startling figure 200 million entered into the record by Neville Johnson is double what was reported only months ago by the WGA to Variety.  Where’d it come from?  We need to know, your honor.

 

Now suddenly, the WGAw says it paid out 21 million dollars to its members/non members in the single year 2011. This single amount is 20% of what the union claims to have paid out over the past 20 years -- and this year the lowest in DVD sales since the past decade or so -- how does this add up?

 

In fact, the WGA claims it collected 85 million dollars plus 1,323,149 “interest/income” for members and free writers nationwide since 2007, more than in all the years from 1992-2007, when DVD sales were ballooning.

 

WGAw Board claims it distributed 21 million to members this year.  In the past 20 years they charged 35+ million in “fees” to do all this “administration,” but cannot produce a single canceled check in evidence.

 

How can the WGAw charge its members roughly one-quarter of what it collected for "administrative" fees when it can't show it administered anything, when it has to hire an outside firm for an audit amazingly limited and confined to numbers only they offer, and nothing more?

 

How can the lawyers from several firms keep billing the same writers in all cases millions in fees without producing a single accounting of merit?  In fact, hiding the audit that really does exist.

 

In the hearing before you on May 16 in Dept 311, where this case has been for years, the WGA counsel is silent when Neville Johnson suddenly pops up with an extra 100 million.

 

The Lead Plaintiff is obliged to protest. The court should look at the 2007 WGAw accounting, given under oath, which both duplicates and contradicts the KMPG report.

 

The KMPG-WGAw accounting, approved by its Board of Directors to settle a case for fraud, doesn't compute, add up, or make sense. It's a big lie.

 

That means the Boards of Directors and Executives at 3 major guilds handling the money of thousands of people are untrustworthy.

 

THE BREACHED SETTLEMENT WITHOUT COMPLIANCE GIVES WGAw/MPAA STUDIOS  ECONOMIC CONTROLS OVER U.S. WRITERS NATIONWIDE UNLESS THE CLASS SAYS FOUL AND THE COURT ALLOWS THE CLASS TO SPEAK.

 

The WGAW has concealed facts about writers’ credits and income before.

 

It was the writer's guild union who blacklisted hundreds of great American screenwriters, their own colleagues, putting them out of work for years, a long list of names also due foreign levies, if living; otherwise, their heirs.

 

This Hollywood union/studio combo are seeking to control piracy on the internet, when they are pirates themselves with American foreign royalties and copyrights.

 

The guilds and studios have "organized' the collection of foreign royalties for all American artists, and they have done so in secret, illegally.

 

American writers and artists should know that there is a huge database with their names and financial information on it, as many as 700,000 citizens, a database they cannot access.

 

The WGA/MPAA should not be in possession of that database – U.S. citizens’ social security numbers and addresses and tax ID’s – which will soon number in the millions as more and more independent filmmakers sell their work abroad over the internet and other places.

 

Unions so ostentatiously corrupt should not have access to this information so as to seize it as a “mailing list” ripe for exploitation.

 

WGAw claims the 2007 strike gives the union jurisdiction over the Internet for any thing that moves, saying if it moves it must be written, and they control it.

 

The WGAw refers to writers who write without a union or new media contract with them as “scabs.”

 

“THE COURT:  I GUESS I HAVE REAL CONCERNS ABOUT HOW ALL THESE NEGOTIATIONS AND MEDIATIONS WERE TAKING PLACE WITH NO LIVING CLASS REPRESENTATIVE FOR ONE OF THE SUPP. CLASSES. THAT'S A PROBLEM.

I HAVE A QUESTION REGARDING THE ABILITY OF CLASS COUNSEL TO CONTINUE TO REPRESENT THE INTERESTS OF THE CLASS AT THIS JUNCTURE GIVEN THE INFORMATION THAT HAS BEEN PLACED BEFORE THE COURT.”  Judge Carl J. West, Dept 311, March 23, 2009

 

Paul Kiesl, who induced me with his knowledge of facts and law (in front of 2 witnesses) to sign this settlement on behalf of my class, did not attend the May 16 hearing, perhaps because he was out raising 660 million in emergency funding for the LA Superior Court system.  That amount may have been lost to the LA tax base during the 2.9 billion WGA strike in 2007, which still hurts, led by the same Board who gave the KMPG accounting.

 

Your honor clerked with Justice Powell who vigorously promoted the idea of corporations having the same rights as individuals -- and it ought to work both ways.

 

If corporations have the same rights as individuals, as Chief Justice Powell believed, they have the same obligations for honesty and fair dealing, and ought not use their lopsided power, as in LA, where unions and studios possess vastly superior resources and hidden agreements dating back years. If their rights Trump ours, and they as “corporate individuals” are protected over my class and me as an non-corporate individual in your courtroom, my class action is doomed.

 

Individuals cannot fight major corporations alone, which is why class actions were created.  Of course the court knows that, you handle class actions routinely.

 

I am not be able to afford a lawyer on my writer's income, esp. now that the WGAw has stopped sending me residuals and levy checks altogether as a result of this litigation.

 

LAWYER CLIENT CONFLICT WHEN CLIENT REPRESENTS A LARGE CLASS

 

Some legalists have told me to contact the Bar about Neville Johnson and Paul Kiesl, but it's quicker to just email Mr. Kiesl as he is Co-Chair of the California bar.

 

Eric Hughes did complain to the bar, which found the fact Mr. Kiesel didn’t associate himself into the case was problematical, as Mr. Kiesl already knows.

 

CALIFORNIA CODE OF JUDICAL ETHICS: (1) A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment, nor shall a judge convey or permit others to convey the impression that any individual is in a special position to influence the judge.

 

 

Also I feel obliged to say, as the only writer court-certified to represent my class that your honor’s remarks to me on first sight when I raised my hand to speak in protest after Neville Johnson said my case was "settled" when I say no -- when you advised me this was “not a town hall” “or a therapy meeting” -- as if I were a hothead or a nutcase -- and later when you said in front of me that these lawyers sitting in front of me were such that “every law school student in the country would like to be like you” -- and especially when you told me that my lawyers were "famous," implying I was not,  and maybe for some faulty reason I was not -- these statements from your authority, which are absolute, made me think I should complain to the Commission of Judges for fair dealing with all parties in a lawsuit -- as to whether you showed bias towards a Lead Plaintiff in a class action lawsuit in favor of lawyers --but as in the case of my lawyers, I may as well just state my concerns to you here directly, respectfully, and ask you as a member of the California’s Commission on Judicial Ethics Opinions to consider the pain of my humiliation in court.

 

You honor must be aware that you are highly regarded as a brilliant legal mind in article after article about Judges on the Internet, and so your initial opinion of me is even more damaging and I plead with the court to remember:

 

(8)…A JUDGE SHALL MANAGE THE COURTROOM IN A MANNER THAT PROVIDES ALL LITIGANTS THE OPPORTINITY TO HAVE THEIR MATTERS FAIRLY ADJUDICATED IN ACCORDANCE WITH THE LAW.

COMENTARY:  …A judge should encourage and seek to facilitate settlement, but parties should not feel coerced into surrendering their right to have their controversy resolved by the courts.”

 

This class action is not about coupons or consumers, it is about creators and copyrights and human rights, each and every artist involved is different, and that is one of their similarities as a class.  No assembly line here.

 

As artists, they have a right to know if their work is shown abroad, indeed shown anywhere, and they have the right to be assured their accountings are transparent and honest.

 

I figure the combo lawyers have made millions off the defendants in these cases so far.

 

At the hearing for attorney fees on August 9, if your honor could move a little cash -- which comes from writers anyhow -- to the other side of the table -- it would mean we could pay for a true accounting, a great leap towards justice for as 700,000 Americans.

 

Like Neville Johnson, I concur that history will be made in your courtroom, only not in Mr. Johnson’s way.

 

We shall do all in our power to make sure this settlement is not an out and out loss for the freedom of artists in America, a Hollywood snuff job for our civil rights and economic rights as free writers and artists in a free nation.

 

Sincerely,

 

William Richert

Lead Plaintiff

WILLIAM RICHERT VS

WRITERS GUILD OF AMERICA et al

4 EXHIBITS:

bottom of page