JOHNSON & JOHNSON email: njohnson@jjllpl~w.com
February 26, 2008
William Richert, Santa Monica Ca.
Ann Jamison, Fremont,CA
PearandMaudeRetchin
Manhattan Beach, CA
Re: Richert et al. v.
Writers Guild of America west, Inc.
Los Angeles Superior
Court Case No. BC339972
Dear Clients:
I am writing to inform you that we have agreed to participate in a mediation with the Writers Guild of America west, Inc. ("WGA") in the pending lawsuit regarding foreign levy monies. We have agreed to a further mediation with the WGA in hopes of settling the case for the benefit of you and the entire class.
The information for
the mediation are as follows:
MARCH 14, 2008
Time:
Location
8:00 a.m. - 4:00 p.m. ADR Services, Inc.
1900 Avenue of the
Stars, Suite 250
Los Angeles, CA 90067
The mediator, a neutral third-party in charge of helping us resolve this case, is Joel Grossman. He has worked with us previously on this case and has a thorough knowledge and understanding of the facts and law involved with this case. You can find out more about Mr. Grossman at his website - http://www.grossmanmediation.com.
The WGA will be there with its attorneys and its decision makers. Accordingly, we would like each of you to also attend in person. Therefore, please contact me or Nick Kurtz in my office to discuss arrangements for meeting at the mediation and to let me know of any questions or concerns you may have. .
Page 2 of 2
As a further update on the status of the case, on January 30, 2008,
the Court certified the
Case a class action. The Court divided the class into three
subclasses - (1) those that
are not now, nor have ever been, members of the WGA (represented by class
representative Ann Jamison) (2) heirs or beneficiaries of members of the WGA
(represented by class representative Pearl Retchin), and (3) those that are
members of the
WGA, including without limitation Associate members, Current members,
Post-Current
members, Emeritus members, and members in-arrears (represented by class
representative
William Richert).
As it reads now, the Court's order only applies to works not covered
by any WGA
Minimum Basic Agreement. However, we have petitioned the Court to clarify this
or change this so that the class includes all works that have received foreign
levy monies.
On the other hand, the WGA has stated that it plans to appeal the Court's decision
certifying a class.
Overall, we still feel that the case is strong but believe that now is
the right time to
seriously consider settling this case. Such a settlement would guarantee class
members
their money sooner and would put policies and procedures into place to ensure
the proper collection and distribution of foreign levy monies going forward, while
minimizing the
risk of adverse rulings on an appeal or at trial. Therefore, please contact me
or Nick
Kurtz in my office to discuss, and I look forward to having you at the
mediation.
Yours very truly,
JOHNSON & JOHNSON LLP
-/~/
~eVill\ Joh
439 N. CANON DR., SUITE 200, BEVERLY HILLS, CA 90210 PHONE (310) 975-1080 FAX: (310) 975-1095
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