DISNEY ENTERPRISES, INC. et al v. ENTERTAINMENT THEATRE GROUP et al, No. 5:2013cv05570 - Document 95 (E.D. Pa. 2014)
Court Description: OPINION/ORDER THAT UPON CONSIDERATION OF THE MOTION (#62) OF PLAINTIFFS AND COUNTERCLAIM-DEFENDANTS DISNEY ENTERPRISES, INC. AND MARVEL CHARACTERS, INC. TO DISMISS DEFENDANT ENTERTAINMENT THEATRE GROUP D/B/A AMERICAN MUSIC THEATRE'S AMENDED COUN TERCLAIMS WITH PREJUDICE; DISMISS INTERVENOR STAN LEE MEDIA, INC.'S INTERVENOR COMPLAINT WITH PREJUDICE; AND STRIKE CERTAIN AMENDED AFFIRMATIVE DEFENSES ASSERTED BY AMT, JAMES D. MARTIN, FREDERICK W. STEUDLER, JR. AND DWIGHT H. BRUBAKER; IT IS H EREBY ORDERED THAT THE MOTION IS GRANTED AS FOLLOWS: 1) THE AMENDED COUNTERCLAIMS FILED BY AMT AGAINST DISNEY AND MARVEL ARE DISMISSED WITH PREJUDICE. 2) SLMI'S INTERVENOR COMPLAINT IS DISMISSED WITH PREJUDICE. 3) THE AFFIRMATIVE DEFENSES PLE ADED BY DEFENDANTS, TO THE EXTENT THEY RELY ON SLMI'S PURPORTED OWNERSHIP OF SPIDER-MAN, ARE STRICKEN AND MAY NOT BE ASSERTED AS DEFENSES TO PLAINTIFFS' COMPLAINT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 10/29/14. 10/30/14 ENTERED AND COPIES MAILED AND E-MAILED.(ky, )
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DISNEY ENTERPRISES, INC. et al v. ENTERTAINMENT THEATRE GROUP et al Doc. 95 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DISNEY ENTERPRISES, INC., WONDERLAND MUSIC COMPANY, INC., CAMERON MACKINTOSH LTD., MARVEL CHARACTERS, INC., and MUSIC THEATRE INTERNATIONAL, LLC, Plaintiffs, CIVIL ACTION NO. 13-5570 v. ENTERTAINMENT THEATRE GROUP d/b/a AMERICAN MUSIC THEATRE, JAMES D. MARTIN, FREDERICK W. STEUDLER, JR., and DWIGHT H. BRUBAKER, Defendants and STAN LEE MEDIA, INC., Defendant/Intervenor. ________________________________________ ENTERTAINMENT THEATRE GROUP d/b/a AMERICAN MUSIC THEATRE, Counterclaim-Plaintiff and STAN LEE MEDIA, INC., Counterclaim-Plaintiff/Intervenor v. DISNEY ENTERPRISES, INC.; and MARVEL CHARACTERS, INC., Counterclaim-Defendants. ORDER AND NOW, this 29th day of October, 2014, upon consideration of the Motion (Docket #62) of Plaintiffs and Counterclaim-Defendants Disney Enterprises, Inc. (“Disney”) and Marvel Characters, Inc. (“Marvel”) to: (1) dismiss Defendant Dockets.Justia.com Entertainment Theatre Group d/b/a American Music Theatre (“AMT”)’s amended counterclaims with prejudice; (2) dismiss Intervenor Stan Lee Media, Inc. (“SLMI”)’s Intervenor Complaint with prejudice; and (3) strike certain amended affirmative defenses asserted by AMT, James D. Martin, Frederick W. Steudler, Jr., and Dwight H. Brubaker (collectively, “Defendants”), it is hereby ORDERED that the Motion is GRANTED as follows: 1. The amended counterclaims filed by AMT against Disney and Marvel are DISMISSED WITH PREJUDICE. 2. SLMI’s Intervenor Complaint is DISMISSED WITH PREJUDICE. 3. The Affirmative Defenses pleaded by Defendants, to the extent they rely on SLMI’s purported ownership of Spider-Man, are stricken and may not be asserted as defenses to Plaintiffs’ Complaint.1 BY THE COURT: /s/ Jeffrey L. Schmehl Jeffrey L. Schmehl, J. 1 As noted and explained in the accompanying memorandum opinion, AMT’s First Amended Defense is not stricken in its entirety as requested by Disney and Marvel. 2
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