# Appendix — Ardito v. NBC Universal, Inc. (No. 07-1142) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386010_0700%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 2007 ## Text 4 Supreme Count, U.S. NO. 0 O71 147 JAN 2 ~ 2008 isthe OFFIGE OF THE CLEAK UNITED STATES SUPREME COURT CHIVALRY FILM PRODUCTIONS and JOSEPH ARDITO Individually, Petitioner, ~-V- NBC UNIVERSAL, INC., IVERSAL PICTURES COMPANY, INCORPORATED, UNIVERSAL STUDIOS, INC., UNIVERSAL STUDIOS LLC, UNIVERSAL CITY STUDIOS LLLP, UNIVERSAL CITY STUDIOS, INC., UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, DREAMWORKS, L.L.C., DREAMWORKS L.L.C. D/B/A DREAMWORKS SKG, DREAMWORKS PRODUCTIONS LLC, DREAMWORKS, INC., TRIBECA PRODUCTIONS INC., AMY SAYRES, NANCY TENENBAUM, NANCY TENENBAUM FILMS, INC., TWENTIETH CENTURY FOX FILM CORPORATION, EVERYMAN PICTURES, JAY ROACH, AND JAY ROACH D/B/A EVERYMAN PICTURES, Respondents, On Petition For WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS For the SECOND CIRCUIT Pro Se: Joseph Ardito Petitioner 97-12 76> Street Ozone Park, NY 11416 Tel. No. (917) 435-2820 App. 1 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER 07-0665-cv MANDATE (Filed Oct. 04, 2007) Catherine O'Hagan Wolfe, Clerk At a stated term of the Untied States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 4* day of October, two thousand seven. PRESENT: HON. PIERRE N. LEVAL, HON. ROBERT D. SACK, Circuit Judges, HON. NICHOLAS G. GARAUFIS,"* District Judge. ee Chivalry Film Productions, Joseph Ardito, Plaintiffs-Appellants, * The Honorable Nicholas G. Garaufis of the United States District Court fot he Eastern District of New York, sitting by designation. App. 2 NBC Universal, Inc., et al. Defendants-Appellees. -—]| = se es seeaeseeee e#eeeeass_ss_28# = eo we weweeee Appearing for Appellants: Joseph Ardito, pro se, Ozone Park, N.Y. Appearing for Appellees: Mark a. Tamoshunas, Stephen F. Huff, Tom J. Ferber, Pryor Cashman LLP, New York, NY Appeal from a judgment of the United States District Court for the Southern District of New York (Gerard E. Lynch, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be, and it hereby is AFFIRMED. Plaintiff-appellant Joseph Ardito, representing himself pro se and purporting to represent Chivalry Film Productions, an individual proprietorship, appeals from a December 22, 2006, judgment of the United States District Court for the Southern District of New York (Gerard E. Lynch, Judge) granting summary judgment to the defendants- appellees as to all of the appellants’ claims pursuant to Federal Rule of Civil Procedure 56. We assume the parties’ and counsel’s familiarity with the facts App. 3 and procedural history of this case and the scope of the issues presented by this appeal. We affirm the judgment of the district court for substantially the reasons set forth in its opinion and order, Chivalry Film Productions v. NBC Universal, Inc., No. 05 CV 5627, 2006 U.S. Dist. LEXIX 92956, 2006 WL 3780900 (S.D.N.Y. Dec. 22, 2006). The judgment for the District Court is hereby AFFIRMED. FOR THE COURT: Catherine O’Hagan Wolfe, Clerk of the Court /s/ Lucille Carr A TRUE COPY Catherine O’Hagan Wolfe, Clerk By:_/s/ Lyneth Rodriguez Deputy Clerk App. 4 05Civ.5627(GEL) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK hy ge ele: Rh a A aa OCA Xx CHIVALRY FILM PRODUCTIONS and JOSEPH ARDITO, Plaintiffs, v. NBC UNIVERSAL, INC., et al., Defendants. CE eee ee ee eee x USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #:_71 Date filed: 12/22/06 94077 Dec 27, 2006 -9:00 AM [stamp] OPINION AND ORDER Joseph Ardito, pro se Stephen F. Huff, Tom J. Ferber, Mark a Tamoshunas, Richard J. Purcell, Prior Cashman Sherman & Flynn LLP New York, NY, for defendants. GERARD E. LYNCH, District Judge: App. 5 In this copyright infringement action, pro se plaintiff Joseph Ardito charges that defendants, a number of motion picture production and distribution companies, infringed his copyrightst Defendants move for summary judgment dismissing plaintiffs claim, arguing that the allegedly infringing films are independently created works that no reasonable juror could find substantially similar to plaintiffs copyrighted material. Defendants’ motion will be granted. Plaintiff charges that two movies produced and distributed by certain of the defendants, Meet the Parents and its sequel Meet the Fockers, infringe his copyrights in several versions of a novel and screenplay entitled variously The Tenant or The Dysfunctionals (hereafter collectively “The Tenant’). To establish copyright infringement, plaintiff must demonstrate “(1) ownership of a valid copyright, and (2) copying of constitutent elements of the work that are original.” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991); see Matthew Bender & Co. v. West Publ’g Co., 158 F.3d 693, 699 (2d Cir. 1998). Copying may be established either through direct evidence of copying or through indirect evidence, including “similarities that are probative of copying between the works.” Hogan v. DC Comics, 48 F.Supp.2d 298, 308 (S.D.N.Y. 199), quoting Castle Rock Entm’t, Inc. v. Carol Publ’g ' On January 11, 2006, this Court dismissed plaintiff's various other causes of action at the pleading stage. Chivalry Film Prods. v. NBC Universal, Inc., No. 0S Civ. 5627, 2006 WL 89944 (S.D.N.Y. Jan. 11, 2006). In this Opinion, as in that one, the Court refers to plaintiff in the singular, since the co-plaintiff named in the pleading is a sole proprietorship having no legal existence independent of Ardito himself. See id. at *1 n.1. App. 6 Group, Inc., 150 F.3d 132, 137 (2d Cir. 1998). Defendants do not dispute that plaintiff holds valid copyrights in the various versions of The Tenant. They argue, however, that no reasonable finder of fact could find copying, because the works are not substantially similar, and because plaintiff has failed to raise a genuine issue of fact with respect to defendants’ claim of independent creation. Defendants are right on both grounds.t Summary judgment may be granted ona copyright infringement claim when “no reasonable trier of fact could find the works substantially similar.” Williams v. Crichton, 84 F.3d 581, 587 (2d Cir. 1996) (citation and internal quotation marks omitted). That is precisely the case here. The works at issue could not be more different in “total concept and feel.” Green v. Lindsay, 885 F.Supp. 469, 481-82 (S.D.N.Y. 1992). Defendants’ movies are farcical situation comedies in which a young man encounters various embarrassing calamities while trying to win over the parents of his fiancée, and in which the parents of the engaged couple, who represent opposing cultural and political stereotypes, seck to become comfortable with each * Defendants also claim there is no evidence that any defendant had access to The Tenant. Indeed, plaintiff offers no evidence whatsoever that any defendant ever saw any of his works, asserting only that while visiting Los Angeles in 1998, and staying with a friend of his attorney, his bags were broken into and ransacked by unknown individuals, and “(vjarious project outlines were missing.” (P_Rule 56.1 Stmt. 48.) Even assuming that a thief took or read a version of Zhe Tenant (something not expressly asserted in plaintiff's statement), there is absolutely no evidence that any defendant ever came into possession of that material. Nevertheless, because plaintiff may not have had an adequate opportunity to take discovery of defendants on this issue, the Court declines to rely on the absence of evidence of access as a ground for summary judgment. App. 7 other. In the tradition of slapstick comedies, exaggerated disasters ensue from the encounters among the protagonists, but the tone is light, no one suffers lasting damage, and the situations resolve happily with the former antagonists achieving grudging mutual respect and accommodation. The works are designed as light entertainment for a mainstream audience. Plaintiffs work is more in the violent horror genre. Any humor in the work is, in plaintiffs own words, “sick humor.” (Ferber Decl. Ex. F.) The prologue to the novel version warns that “fiJf you find the material contrary to your taste, vile, abusive and pornographic, the author has achieved his objective” (id. Exs. F, G), and the work more or less lives up to that claim. The work follows a common theme in the horror genre, that of the unwitting “normal” protagonist thrown together with a group of violent sociopaths, who torment and torture him. The plot involves three brothers, their sister and their father, whose back story involves extraordinary intrafamily violence and abuse, depicted at considerable length. (See, e.g., id. Ex. J at 20-23.) The eponymous tenant rents a room in the house from one of the brothers, who repeatedly beat and abused him, in addition to engaging in extreme violence against various other characters. (See, e.g., id. at 55-56, 77-78, 101-105, 135-140.) Eventually, the three brothers are brought to justice and committed to a psychiatric hospital, and the police suspect the tenant of murdering the father, who in fact commits suicide. (See id. at 137- 40.) The treatment is unrelentingly horrific and is presumably aimed at the popular niche market for graphic tales of violence. App. 8 Plaintiff attempts to show similarity by providing a long chart of alleged similarities between specific scenes in his work and defendants’. These parallels, however, involve the most trivial and generic incidents. For example, in Meet the Parents the fiancée’s father ridicules his prospective son-in- law’s car, and in The Tenant the abusive landlord is critical of his tenant’s vehicle. (See Artido Decl. at 6.) Even if the scenes were otherwise similar, there is nothing original in either scene; the events are simply minor, generic set pieces establishing the relationships between the parties through common experiences relating to cars. In any event, the scenes are not even that similar. Apart from the differences in tone, the father in defendants’ film sneers at the make and color of the car, thus making his daughter’s suitor feel embarrassingly outclassed in wealth and taste, while in plaintiffs work the villain objects to the protagonist’s choice of a standard shift, because he might “need to borrow [the tenant’s] car,” thus establishing his assumed power over his tenant’s property. (Id.) The scenes are thus strikingly different. Plaintiff offers scores of such specious similarities, all of which can be similarly deconstructed. The characters, pace, settings, themes and plots of the two sets of materials are in fact so extraordinarily different that plaintiff is reduced to arguing that copying can be proved by the absence of similarity, alleging that defendants “blatantly went through extremes in revisions and manipulation in an attempt to conceal and subterfuge said crime by revising said screenplay.” (Compl. 4] 1960.) But this claim is self-defeating. As the Second Circuit has held, “[e]ven if an alleged copy is based on a App. 9 copyrighted work, ‘a defendant may legitimately avoid infringement by intentionally making sufficient changes in a work which would otherwise be regarded as substantially similar to that of the plaintiffs.” Eden Toys, Inc. v. Marshall Field & Co., 675 F.2d 498, 501 (2d Cir. 1982), quoting Warner Bros. v. Am. Broad. Cos., 654 F.2d 204, 210 (2d Cir. 1981) (additional citation omitted). In short, no reasonable fact-finder could conceivably find the works so substantially similar as to warrant an inference that one was copied from the other. Summary judgment is also appropriate because defendants can establish an independent source for their films pre-dating The Tenant. Defendants’ works do not pretend to be wholly original. They are based on an earlier film, also called Meet the Parents, that was made and copyrighted in 1991, and to which defendants acquired the rights in 1994. (See Ferber Decl. Ex. E; Tamoshunas Decl. Ex. C.) Plaintiffs earliest copyright for The Tenant dates to 1996. (See Ardito Decl. { 10; id. Ex. A.) Unlike The Tenant, the earlier version of Meet the Parents shares a similar theme and tone with defendants’ film; the similarity extends to the very names of the principal characters in the two versions. While plaintiff attempts to discredit defendants’ claim by pointing to various differences between the two versions of Meet the Parents, those differences are far less striking than the differences between either version and plaintiff's work, and the similarities between the two versions of Meet the Parents are far more striking. No reasonable fact-finder could conclude that the challenged works derived from The Tenant, rather than from the earlier Meet the Parents film and App. 10 screenplay. Summary judgment is appropriate where a plaintiff fails to offer evidence sufficient to raise a factual question about a defendant’s proof of independent creation, including “re-creation” from an independent pre-exisiting source. See Novak v. Nat'l Broad. Co., 760 F. Supp. 47, 48 (S.D.N.Y. 1991). Accordingly, defendants’ motion for summary judgment is granted. SO ORDERED. Dated: New York, New York December 22, 2006 /s/ Gerard E. Lynch GERARD E. LYNCH United States District Judge App. |1 05Civ.5627(GEL) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ep er A CPR igs Mh ee X CHIVALRY FILM PRODUCTIONS and JOSEPH ARDITO, Plaintiffs, v. NBC UNIVERSAL, INC., et al., Defendants. USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: Date filed: 1/11/06 OPINION AND ORDER Joseph Ardito, pro se Stephen F. Huff, Tom J. Ferber, Mark a Tamoshunas, Richard J. Purcell, Prior Cashman Sherman & Flynn LLP New York, NY, for defendants. GERARD E. LYNCH, District Judge: App. 12 Joseph Ardito$’ brought this case pro se, charging a variety of defendant entities and individuals in the movie business with copyright infringement, violations of the federal racketeering statutes, and a number of other tortuous acts. Defendants move for dismissal on a number of grounds. The motion will be granted in part and denied in part. The gravamen of plaintiffs action lies in copyright infringement. Although the complaint is extremely lengthy, its factual allegations, which for purposes of the present motion must be accepted as true, are fairly straightforward. Ardito asserts that he is the author of a copyrighted screenplay or screenplays, entitled “The Tenant” and/or “The Dysfunctionals,” described as “comic satires ridiculing dysfunctional families.” (Compl. { 1940.) The complaint charges that defendants infringed Ardito’s copyrights by copying “the same identical synopsis, theories, character analysis, ideas, etc.” of his screen play(s) in producing their popular films, “Meet the Parents” and its sequel “Meet the Fockers.” (Id. at | 1942.) Unlike many copyright plaintiffs, Ardito does not allege that he ever submitted his screen play to any of the defendants for consideration. Rather, he appears to allege that * The complaint is brought in the names of Ardito and of Chivalry Film Productions, which is identified as a “sole proprietorship duly orgamzed...under...the laws of the State of New York” and wholly owned by Ardito. (Compl. ff 4, 7.) Such a proprietorship, under New York law, has no legal entity apart from that of its proprietor. See, e.g., Mattel, Inc.v. Adventure Apparel, 00 Civ. 4085 (RWS), 2001 WL 1035140, at *5 (S.D.N.Y. Sept. 7, 2001) (“[The] sole proprietorship [is] owned by [defendant] and, therefore, [it] is not a separate legal entity capable of being sued.”) Thus, Ardito is cffectively the sole plaintiff, and will be so referred to in this Opinion. App. 13 his work was not merely metaphorically stolen from him in a 1998 burglary. (Id. at |; see also P. Mem. 3.) Certain allegations in the complaint appear to cast doubt on the viability of plaintiff's claim. Ardito’s description of what was copied suggests that the resemblance between the works is at the level of uncopyrightable general concepts. Indeed, the complaint suggests that the actual expression in the allegedly infringing works may be quite different from that of the copyrighted works, in that defendants are said to have gone “through extremes in revisions and manipulation” in order to conceal the origin of their ideas “by revising [his] screenplay.” (Compl. 41960.) Nevertheless, construing the complaint liberally as befits a pro se filing, see Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994), plaintiff clearly states a claim for copyright infringement. Defendants do not contend otherwise. Defendants do argue, however, that Count One should be dismissed as barred by the statute of limitations, to the extent that it asserts claims for acts pre-dating June 16, 2002. Defendants are correct about several propositions. First, the statute of limitations for copyright violations is three years. 17 U.S.C. § 507(b); Kresgos v. Associated Press, 3 F.3d 656, 661 (2d Cir. 1993). Second, as the complaint in this case was filed on June 16, 2005. any claim that accrued before June 16, 2002, is time-barred. Third, although there is some disagreement among the courts as to when a claim for copyright infringement accrues, Judge Kaplan’s thorough analysis in App. 14 Auscape Int'l v. Nat'l Geographic Soc’y, No. 02 Civ. 6441 (LAK), 2004 WL 1798130, at *4-*8 (S.D.N.Y Aug. 12, 2004), is persuasive that the cause’of action accrues on the date of the infringement, not on the date that the infringement is discovered. At any rate, even courts following the contrary “discovery rule” hold that the date of accrual is the date “plaintiff knew or should have known of the infringement.” Sapon v. DC Comics, No. 00 Civ. 8892 (WHP), 2002 WL 485730, at *5(S.D.N-Y. mar. 29, 2002) (emphasis added).** Fourth, plaintiff claims infringement by two films, “Meet the Parents” and “Meet the Fockers.” The former film was released on or about October 6, 2000. Any infringement by the creation of that film occurred no later than that date, and there can be little doubt that Ardito should have known of any infringement by “Meet the Parents’ at or shortly after the highly-publicized release of that film. Thus, it appears clear that plaintiff will be unable to recover for infringements committed by “Meet the Parents.” Count One, however, also ** Defendants’ brief blandly cites Auscape for the proposition that a claim for copyright infringement accrues on the date of the infringement, and derides plaintiff's argument in favor of accrual on discovery as “plainly incorrect in light of the holding in Auscape.” (D. Reply 2.) But Auscape is not binding authority, and its holding represents onc sidc, and the minority side at that, of an issue hotly disputed by various courts. This Court expects a higher standard of candor from members of its bar. Counsel cannot fairly be accused of deception; Judge Kaplan’s careful discussion in Auscape fairly lays out the conflicting authority and the arguments on both sides, and it should certainly be expected that the Court would review the cited authority. But particularly when dealing with a lay adversary, who might not be alerted by the citation to read the case and discover the contrary authority, lawyers should display greater accuracy and candor in stating the law by expressly acknowledging the existence of contrary authority. App. 15 charges defendants with an infringement in connection with “Meet the Fockers,” which was released in 2004. Thus, Count One may not be dismissed, and in the absence of a factual record, it is premature for the Court to attempt to carve up the claim by making definitive rulings about the precise contours of potential hability on that count. Plaintiffs remaining claims, however, have less validity. Cont Two asserts a claim for unjust enrichment. This appears merely to restate the claim that defendants made money by legal or equitable rights that are equivalent to any of the exclusive rights within the general medium of expression and come within the subject matter of copyright as specified by sections 102 and 103.” 17 U.S.C. § 301 (a). The Second Circuit has derived from this statute a two-part test for Copyright Act preemption of state law claims. “The Copyright Act exclusively governs a claim when: (1) the particular work to which the claim is being applied falls within the type of works protected by the Copyright Act under 17.U.S.C. §§ 102 and 108 [‘the subject matter requirement,” and (2) “the claim seeks to vindicate legal or equitable rights that are equivalent to one of the bundle of exclusive rights already protected by copyright lew under 17 U.S.C. § 106 [‘the general scope requirement’].” Briarpatch Ltd., L.P. vl Phoenix Piectures, Inc., 373 F3d 296, 305 (2d Cir. 2004), citing 17 U.S.C. §301(a) and Nat’l Basketball Ass’n v. Motorola, Inc., 105 F.3d 841, 848 (2d Cir. 1997). “In other words, state law claims that are substantively redundant of Copyright Act claims are preempted.” Sharp v. Patterson, No. 03 Civ. 8772 (GEL),2004 WL 2480426, at *7 (S.D.N.Y. Nov. 3, 2004). Since Count Two seeks recovery under state App. 16 law for the same acts that constitute the alleged infringement of copyright, it is pre-empted by the Copyright Act. See, e.g., Briarpatch, 373 F.3d at 306 (stating that in determining whether a state law claim is preempted, the court examines what the plaintiff “seeks to protect, the theories in which the matter is protected, and the rights sought to be enforced,” and “taking a restrictive view’ of extra elements that might make a state law claim different from a federal one); Weber v. Geffen Records, Inc., 63 F.Supp. 2d 458, 462 (S.D.N.Y. 1999)(“Whether a state law claim is preempted depends on whether it is derivative of a copyright claim or is based on an “extra element” beyond those of a copyright claim.”); Netzer v. Continuity Graphic Assocs., Inc., 963 F. Supp. 1308, 1322 (S.D.N.Y. 1977)(‘[Plaintiffs’] claim of unjust enrichment is preempted by the federal Copyright Act.”) Therefore, Count Two is dismissed. Count Three alleges violations of the RICO statute, 18 U.S.C. §§ 1961-1964. Courts are skeptical of plaintiffs’ efforts to turn ordinary civil litigation into racketeering claims. Goldfine v. Sichenzia, 118 F. Supp. 2d 392, 397-98 (S.D.N.Y. 2000). At the same time, RICO complaints must be sustained if they state a claim, however farfetched, on which relief may be granted if the allegations of the complaint can be proved. Here, defendants argue that the complaint fails to state a claim because the predicate acts alleged to constitute a pattern of racketeering activity are mail and wire fraud claims, and thus subject to the particular pleading requirements of Rule 9(b), Fed. R. Civ. P. See Anatian v. Coutts Bank (Switzerland) Ltd., 193 F.3d 85, 88 (2d Cir. 1999) (affirming dismissal of claim of RICO predicate acts of mail and wire fraud for App. 17 failure to plead with sufficient particularity). Defendants are clearly right that plaintiff utterly fails to identify any details of the alleged fraud. Moreover, to the extent the alleged “fraud” can be discerned, it appears that Ardito alleges that defendants committed fraud by presenting their films as their copyrighted works, without acknowledging that the films infringed his copyright. (Comp. 1960.) This is merely an effort to turn a simple copyright claim into mail or wire fraud, and will not suffice. However, defendants ignore the allegation in the complaint that allege that their “pattern of racketeering consisted of Defendants aiding and abetting the commission of countless acts of federal Interstate Transportation of stolen property obtained by acrime,” citing 18 U.S.C. §2314. (Compl. { 1961.) In light of plaintiffs claim that his manuscript was literally stolen from him (id. at 41940), plaintiff appears to have alleged a number of crimes other than fraud, specifically a number of acts of interstate transportation of stolen property.tt Nevertheless, the RICO count must be dismissed for a different reason, because the complaint fails to allege a RICO “pattern.” A pattern requires a showing of “continuity,” or the threat thereof._H.J. Inc. v. Northwestern Bell Tel. Co., 49 U.S. 229, 240 (1989). Here, plaintiff alleges nothing more than a single, limited scheme to exploit his copyrighted work by committing infringing his copyrights. The only viable alleged predicate acts, the interstate transportation of his stolen manuscript, must have " Although plaintiff does not explicitly allege that the property had a value greater than $5000, as required by § 2314, his claims for damages indicates a belief that the works had a substantial value. App. 18 taken place, if at all, within a limited period between the theft in August 1998 and the release of the first completed film in 2000. A scheme of such limited purpose, accomplished in such a limited period, cannot constitute a RICO pattern, and thus, count Three is dismissed. Count Four alleges common-law fraud, claiming that defendants committed a fraud on the Copyright Office, and perhaps on the general public, by presenting the challenged films as their original works without disclosing that they were copied from plaintiff. This claim fails, because plaintiff has no standing to object to any such fraud. To recover damages for fraud, a plaintiff must prove the he reasonably relied on misrepresentations made to him. Plaintiff does not allege that defendants misrepresented anything to him, and as the author of the allegedly infringed works, he could not conceivably have relied upon any claim that the infringing works were original. See Barnhart v. Fderated Dep’t Stores, Inc., No. 04 Civ. 3668, 2005 WL 549712 (S.D.N.Y. Mar 8, 2005)(finding that plaintiff had not alleged any reliance and dismissing claim that defendants falsely filed a claim with the Copyright office),# Plaintiffs claim that he relied on internet information about defendants’ films (P. Mem.5) does not change this conclusion. Defendants’ motion to dismiss is granted as to Count Four. Count Five charges unfair competition in violation of the Lanham Act. This count also fails to state a claim distinct from the copyright infringement charge. The Supreme Court has held ** Plaintiff tries to distinguish this case as relating to a song rather than a screenplay. (See P.Mem.5.) The legal principles involved do not depend on the nature of the copyrighted material. App. 19 that the Lanham Act protects only “the producer of ...tangible goods that are offered for sale, and not...the author of any idea, concept, or communication embodied in those goods.” Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 37 (2003). The right to copy creative works, with or without attribution, is the domain of copyright, not of trademark or unfair competition. Id. at 33. “The failure to credit the true author of a copyrighted work is not a false designation of origin, but a violation of copyright.” Freeplay Music, Inc. v. Cox Radio, Inc.,__ F.Supp.2d__,__, No. 04 Civ. 5238 (GEL), 2005 WL 1500898m at *3-*4(S.D.N_Y. June 23, 2005). Plaintiff has failed to state a claim of unfair competition under the Lanham Act. Finally, although plaintiff has thus far undertaken to represent himself without the services of an attorney, in Count Six he demands attorney’s fees. This demand does not state a separate cause of action, but merely requests a form of relief in connection with plaintiffs copyright claim. To the extent that plaintiff attempts to assert a separate cause of action, Count Six is dismissed; however, the request for attorneys’ fees remains an aspect of the requested damages, should plaintiff incur any such fees, and should he prevail in the case. _ In addition to the various arguments addressed to specific counts of the complaint, defendants also move to dismiss the entire complaint on grounds that its length and prolixity violates Rule 8, Fed. R. Civ. P., which requires that a complaint contain “a short and plain statement of the claim,” and that “each averment of a pleading shall be simple, concise, and direct.” Fed. R. Civ. P. 8(a)(2), 8(e)(1). On the surface, the argument has App. 20 considerable merit. The complaint, exclusive of exhibits, runs to 149 pages and 1983 paragraphs. However, the vast bulk of the complaint (pages 3 through 136, and 99-1939), consists of a series of repetitious and alternative allegations of every conceivable description of each defendant, its addresses and offices, and its potential relationships with every other defendant. Even to require each defendant to affirm or deny these mostly irrelevant descriptions would impose a substantial burden. In contrast, the core allegations of the copyright infringement are relatively compact and clear, especially by the standards of pro se pleading. Accordingly, rather than dismiss the complaint, and require the plaintiff to replead the legitimate interests of the defendants can be accomplished by striking the redundant and unnecessary portions of the complaint. Defendants will not need to answer allegations that are stricken; nor, of course, will they be required to answer claims that have been dismissed. To the extent that the addresses or corporate relationships of the defendants are relevant to the case, such information can be sought in discovery. Finally, defendant Twentieth Century Fox Film Corporation originally moved to dismiss the complaint as to it for failure of service; it is now conceded that plaintiff has cured this failure, and that motion has accordingly been withdrawn. (D.Reply 1 n.2.) CONCLUSION Accordingly, for the reasons set forth above, defendants’ motion to dismiss is granted with respect App. 21 to Count Two through Six, and those claims are dismissed with prejudice. The motion to dismiss is denied with respect to Count One. Paragraphs 9 through 1939 are stricken, except for such paragraphs as allege that any defendant was a producer and/or distributor of the movies “Meet the Parents” and “Meet the Fockers.” SO ORDERED. Dated: New York, New York January 11, 2006 /s/ Gerard E. Lynch GERARD E. LYNCH United States District Judge App. 22 Aug 03 06 1:40a Chivalry Film Productions Dear Judge Lynch, This fax is a request for a 2"4 extension of time in opposition to defendant’s summary judgment motion due on August 7th, 2006. This plaintiff needs an additional 2 wecks of time in formulating and completing his opposition. In the process of reviewing the defendants “Irrefutable Documentary Evidence” and in the process of reviewing plaintiffs finding which are not even complete. The plaintiff in this action will now state that the projects entitled “Meet the Parents and Meet the Fockers” are in fact a product of Plaintiffs Stolen Federal Copyrighted Materials” which let to other movies and spin offs. The overwhelming comparisons are far too many to be coincidental. “Meet the Parents and Meet the Fockers are in fact a product of Plaintiffs “Stolen Federal Copyrighted Materials” which started a new trend in comedy. For all of the above reasons this plaintiff respectfully request that the summary judgment motion be held in abeyance and a conference be scheduled concerning discovery or limited discovery and a timely extension be granted in opposition to defendants summary judgment motion. Thank you, Respectfully Submitted App. 23 /s/ Joseph Ardito Chivalry Film Productions and Joseph Ardito, Plaintiffs 150 William Street 10‘ Floor New York, New York 10038 Tel. No. (917) 425-2820 [MEMO ENDORSED] The application for an extension is granted only to the extent that plaintiffs response will be due on August 11, 2006. There will be no further extensions. Plaintiffs response was originally due on July 17, and was extended in deference to his pro se status. The request for a conference and for a lifting of the stay on discovery is denied. SO ORDERED /S/ Gerard FE. Lynch GERARD E. LYNCH, U.S.D.J. App. 24 Library of Congress Copyright Office Of the United States Washington, D.C. THIS IS TO CERTIFY that the attached photocopy is a true representation of the work entitled “THE TENANT” deposited in the Copyright Office with claim of copyright registered under number PAU 2- 283-460. THIS IS TO CERTIFY FURTHER, that pages 191 through 222 were missing from the registered deposit for this registration. IN WITNESS WHEREOF, the seal of this Office is affixed hereto on December 14, 2005. Marybeth Peters Register of Copyrights /s/ Tracie M. Coleman By: Tracie M. Coleman Head Certifications and Documents Section Information and Reference Division Use of this material is governed by the U.S. copyright law 17, U.S.C. 101 et seq. App. 25 Library of Congress Copyright Office Of the United States Washington, D.C. THIS IS TO CERTIFY that the attached visual recording in video-cassette for is a true representation of the video-cassette tape entitled MEET THE PARENTS deposited in the Copyright Office with claim of copyright registered under number PAU 1-571-116. THIS IS TO CERTIFY FURTHER, that the attached photocopies are a true representation of the front of the video-cassette tape, front and side of the video- cassette tape cover. IN WITNESS WHEREOF, the seal of this Office is affixed hereto on March 7, 2006. Marybeth Peters Register of Copyrights /s/ Tracie M. Coleman By: Tracie M. Coleman Head Certifications and Documents Section Information and Reference Division Use of this material is governed by the U.S. copyright law 17, U.S.C. 101 et seq. App. 26 United States Copyright Office The Library of Congress [seal] March 28, 2006 Pryor, Cashman 410 park Avenue New York, NY 10022-4441 Dear Rick Purcell, This letter is a correction to the certified letter for PAU 1-571-116 (Meet the Parents) sent to you on March 7, 2006). To clarify, there are no “attached photocopies” of “the front of the video-cassette tape” or of the “front and side of video-cassette tape cover”. The video-cassette came in an unmarked black container. Sincerely, /s/_ Richard Sharp Richard D. Sharp Certifications and Documents Section Information and Reference Division App. 27 United States Copyright Office Library of Congress, 101 Independenc eAvenue SE, Washington, DC 20559-6000, www.copyright.gov [Seal] January 26, 2007 Joseph Ardito 8 Badeau Place New Rochelle, NY 10801 Dear Mr. Ardito: This letter is in response to your request for a search of the Copyright Office Inspection File and Authorization File. The search failed to disclose evidence that anyone has requested to examine of the following work. MEET THE PARENTS Pau 1-571-116 A search of the Copyright Office Authorization Files disclosed that a copy of this work was requested for litigation purposes in a Copyright Infringement Dispute by the following. Richard J. Purcell PRYOR CASHMAN SHERMAN & FLYN 410 Park avenue, 10t» Floor The proceedings have been instituted in the Southern District of NY, We conducted a careful search of the files at the Copyright Office Deposit Copy Storage Area App. 28 which revealed the work was missing from the storage box assigned for this deposit. Because of this the above listed registration is You may resubmit your request at a later date and we will conduct SHOULD YOU DECIDE TO DO SO, YOU MUST RETURN THE ENCLOSED COPY OF THIS LETTER AFTER 120 DAYS AND BEFORE 160 DAYS TO ENSURE NO ADDITIONAL FEES FOR LOATING AND RETRIEVING THIS FILE IS APPLIED, PLEASE NOTE HOWEVER THAT OTHER FEES COULD BE DUE FOR PHOTOCOPYING. App. 29 Tampering of Federal Evidence: [Printed label on videocassette] 07-0665-cv Chivalry Film Productions, et al. v. NBC Universal, et al. Exhibit E to Ferber Declaration, dated June 16, 2006 VHS Copy of 1991 Version of “Meet the Parents” App. 30 The Independent Inspection of the true label at the Library of Congress: CEM Productions “Meet the Parents” Handwritten:/72 mins./ typewritten [crossed out information] 1991 App. 31 05Civ.5627(GEL) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Pee re errs Pee oe per rere xX CHIVALRY FILM PRODUCTIONS and JOSEPH ARDITO, Plaintiffs, v. NBC UNIVERSAL, INC., et al., Defendants. ee ee a etre = DECLARATION IN OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Preliminary Statement The plaintiffs independently created copyrighted work entitled “The Tenant” PAu-2-283-460 dated April 27‘, 1998 was stolen in Los Angeles, California, on or about August 21st, 1998 and a copy was returned the first 60 pages were right side up as the next 178 were backwards, also various project outlines were also missing. I notified the LAPD and filed a complaint . After viewing Meet the Fockers I notified the LAPD in reference to the complaint filed back on or about August 21st, 1998 concerning the stolen federal copyrights materials. Detective Packman Packer from the LAPD was on the case App. 32 however the statute of limitations on the case was running. I cooperated with the investigation and furnished the detective with whatever materials were needed to prosecute the case. However, I firmly believe that due to the numerous studios involved the LAPD declined on pursuing the case. The Defendants in this case try to subterfuge the fact that plainitffs “Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals were not used in the making of Meet the Parents and Meet the Fockers this denial is absurd. The numerous similarities of scenes and characters prove beyond a shadow of a doubt that. plaintiffs Stolen Federal Copyrighted materials entitled The Tenant and/or The Dysfunctionals were in fact used in the making of Defendants projects entitled Meet the Parents and Meet the Fockers. The following characters and scenes from plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals were independently created by plaintiff on May 15t», 1996 preceding Meet the Parents 2000 in Characters and Scenes by 4 years 6 months and preceding Meet the Fockers by 8 years. Defendants 1991 distorted VHS Version of Meet the Parents was intentionally devised and used to back date plaintiff's copyright, very few scenes from this 1991 VHS are present in Meet the Parents 2000 and no scenes from this 1991 VHS are present in Meet the Fockers 2004. However, the scenes and characters from plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals are numerous and overwhelming App. 33 in both Meet the Parents and Meet the Fockers. It’s fair to say that Meet the Parents and Meet the Fockers are a product of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. The 1991 distorted VHS which defendants rely on as “The Irrefutable Documentary Evidence” has no real sequel, because everyone including the dog is dead. The purpose of this back dated copyright is quite obvious to conceal , mask and subterfuge the blatant use of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. Any jury in the United States or throughout the world will come to the same conclusion. The following Characters and Scenes are from plaintiffs “Stolen Federal Copyrighted Materials entitled - The Tenant and/or The Dysfunctionalsand an independent creation. The Characters: The Tenant and/or The Dysfunctionals - CIA Agent, Attorney Character, Psychiatrist Character, Nurse Character, Flight Attendant Character, Psychiatrist Character (Pam), Flight Attendant Character, Michael Angelo of Carpentry Character, Police Officers Character, Animal Shelter Character, Judge Character, Senior Citizen Character, Concerned neighbor Character, Doctor Character, Baby Characters. These Characters were developed on or about May 15, 1996 - 4 years prior to Meet the Parents and 8 years prior to Meet the Fockers. App. 34 Characters in The Tenant and/or The Dysfunctionals llsimilar/ Meet the Parents and Meet the Fockers are very similar. Meet the Parents and Meet the Fockers are as follows : — CIA Agent Character, Attorney Character, Nurse Character, Pam, Attorney Character, Psychiatrist Character, Flight Attendant Character, Carpenter Character , Doctors Character, Mother Character, Concerned Neighbor Character, Little Jack Character, Relative Characters, Rusty Characters, Isabelle Character, Jaho Character, Police Officer Character, Animal Shelter Character, Judge Character, Senior Citizen Characters, Relative Characters, Baby Character. Etc. The Scenes: Jo Jo nervously practicing in the mirror in a stuttering manner on how, he is going to ask Pam out. // similar// Gregg is at the hospital practicing to a patient on how he is going to ask Pam to marry him. Both scenes when asking take place at a school location. (Def Exh. H -PAu-2-423-720 — Def Exh. C -(MTP)) Stimmy’s full luggage scene as he moves into a new house. // similar // Gregg’s full luggage scene going on a trip. (Def Exh. J PAu—2-423-720 Def Exh. C (MTP). Greyy pulls up to the house and Jack Byrnes moves the curtain viewing Gregg in a cynical manner. // App. 35 similar/ Stimmy pulls up to the house and the landlord is peeking through the blinds viewing Stimmy “watching his every move” in a cynical manner. (Def Exh. H PAu-2-423-720 (Page 88-15 Paragraph) Def Exh. C (MTP) and Def Exh. TXU-742-462) Jack Byrnes — What do you drive a Ford, interesting color did you pick it? Only geniuses pick green and you didn’t pick it. //similar //The Landlord’s scene is asking Stimmy why did you buy a standard shift? How about if I need to borrow your car? What kind of car do you drive? (Def Exh. H-PAu-2-423-720 , PAu 2-283-460 - Def Exh C (MTP). Vinny badgered Stimmy on his driving ability, Vinny tells Stimmy once he is already in the intersection to make a turn if he misses the turn he’s ridiculed. // similar // When Gregg is driving and he missed the turn he was also ridiculed by his future in-laws. (Def Exh. H PAu-2-283-460 —- Def Exh. C (MTP). Jimmy climbed up on the roof to pursue a nosy neighbor who vanished into thin air. // similar // Gregg climbing up on the roof to pursue Jinx who vanished into thin air. (Def Ex H-PAu-2-283-460 - Def Exhibit C (MTP). The Tenant eavesdropped on the landlord’s conversation. / similar // Gregg eavesdropping on Jack Byrnes Conversation (Def Exh. H-PAu-2-283- 460 —- Def Exh. C (MTP)), App. 36 Stimmy is strapped down into a chair with a home made lie detector test to get the truth out. //similar // Gregg being strapped to an Antique Lie Detector in getting the truth out. (Def Exh H. PAu-2-283-460 — Def Exh. C-(MTP)). The Tenant and/or the Dysfunctionals have a Hidden Surveillance Camera //similar // Meet the Parents and Meet the Fockers who also have a hidden Surveillance Camera (Def Exh H. PAu-2-283-460 — Def Ex C-(MTP)). The landlord and his brother are viewed on the hidden surveillance camera, claiming to be innocent and were found guilty by the recorded evidence. // similar // to Gregg was viewed on the hidden surveillance camera, claiming to be innocent and was found guilty by the recorded evidence. (Def Exh H. PAu-2-283-460 —Def Exh. C-(MTP)). The landlord had claimed to have taken a shower however, his hair was noticeably dry. // similar // Gregg also claiming to have taken a shower and his hair was noticeably dry. (Def Exh H. PAu-2-283- 460 — Def Exh. C (MTP)). The landlord is a Control Freak // similar //as Jack Byrnes is also a Control Freak. (Def Exh H PAu-2- 283-460 — Def Exh. C-(MTP)). The tenant is given a tour of the house and it is brought to his attention that the bathroom is under renovation // similar // Gregg getting a tour of the house it was also brought to his attention that App. 37 problem existed in the bathroom. (Def Exh. PAu-2- 283-460 — Def Exh. C-(MTP)). The name Focker in Meet the Parents and Meet the Fockers is prevalent throughout defendants’ entire screenplay which in a comical aspect is meant to mean fucker as directed to a person. // similar // The term fucker is prevalent throughout plaintiffs entire screenplay, meaning one in the same in a comical aspect. (Def kxh H PAu-2-283-460 —- Def Exh C- (MTP)). The term Little Fuckers in the plaintiffs screenplay is intended in a comical aspect to mean children // similar // The term little fockers is in a comical aspect is meant to mean little fuckers. (Children). (Def Exh. H PAu-283-460 — Def Exh. C-(MTP)). The landlord use character uses Asian Dialect // similar // Jack Byrnes character uses Asian Dialect. (Def Exh. PAu-2-283-460 —Def Exh. C-(MTP)). The landlord disguises his voice using a variety of accents to keep his identity anonymous. The doctor in the tenant ridicules a southern accent //similar // Jack Byrnes tells his travel agent to disguise his voice using a southern accent to keep his identity anonymous. (Def Exh H - PAu-2-283-460 Def Exh C (MTP)). Vinny dresses up as a male nurse which triggers one of many Gay ridicule scenes, also Tommy being a transvestite attributes to the gay ridicule scenes // similar // Gregg being a male nurse triggering one of App. 38 many gay ridicule scenes throughout defendants screenplay. (Def Exh H-PAu-2-283-460 Def Exh C- (MTP)). Jack Byrnes ask Gregg a question, is your loved one safe with a stranger? Gregg answers yes as opposed to Jacks answer that is no. // similar // The Tenant and/or Dysfunctionals — The content of this book will help you develop a sense of cynicism before becoming a statistic yourself — not to trust strangers. (Def Exh G —- TXU-775-750 — Def Exh C (MTP)). Gregg’s future Brother-In-Law claims that he saw Gregg going through his wallet and was about to steal his money while in the Tuxedo Shop. //similar// Vinny stealing money out Stimmy’s wallet. (Def Exh. H- PAu-2-283-460 —- Def Exh C (MTP)). The dilated pupil peeking through the blinds would insinuate that the landlord is a pot head. Stimmy’s ex claiming to be crack head —overdose drug-related. /similar// Jack Byrnes claiming that Gregg Focker is a pot head also claims that he works in a hospital looking for access to drugs. (Def Exh G TXU-775- 759 —- Def Exh C-(MTP)). Jimmy dragging behind him dismembered tree limbs //similar/ A worker in Meet the Parents dragging behind him some dismembered tree limbs. (Def Exh I Paul 2-380-629 — Def Exh C-(MTP)). Cheap Bottle of Champagne in The Tenant and/or Dysfunctionals’. //similar// The Cheap Bottle of Champagne Scene in Meet the Parents. (Def Exh H- PAu-2-283-460 — Def Exh C-(MTP)). App. 39 Bestiality Joke in The Tenant and/or The Dysfunctionals’ //similar// Bestiality Joke Meet the Parents. The jokes punch line is one and the same. (Def Exh. H- PAu-2-283-460 — Def Exh. C-(MTP)). Landlord is time conscience //similar// Jack Byrnes is also time conscience. (Def Exh H- PAu-2-283-460 — Def Exh C-(MTP)). Jimmy’s wife is stereo-typically permissive /Isimilar/ Dina Byrnes is very permissive. (Def Exh H-PAu-2-283-460 — Def Exh- C-(MTP)). Carlo’s father comes out wearing a woman’s robe //similar// Gregg is also wearing a woman’s (Pam's) bathrobe. (Def Exh H PAu-2-283-460 — Def Exh C- (MTP)). The landlord has rules and regulations of the house // similar // Jack Byrnes also has rules and regulations of the house. (Def Exh H-PAu-2-283-460 — Def Exh C-(MTP)). The Tenant and/or The Dysfunctionals’ use the term mother fucker in a comical aspect. //similar/ Jack Byrnes when claiming that Pam’s middle name is Martha — Pamela Martha Focker used in a comical aspect to also mean Mother Fucker. (Def Exh H- PAu- 2-3283-460 — Def Exh C-(MTP)). In the Tenant and/or The Dysfunctionals the landlord claims to be CIA claiming to know Bill Clinton really well and headed for the White House to the oval office to talk about the invasion or coupe. //similar// Meet the Parents when Gregg falls into the secret room a picture appears of Jack Byrnes App. 40 walking next to President Clinton at the White House, another picture depicting Jack Byrnes with a turban on his head with an Arab and another picture with an Army General the intended message was that Jack Byrnes was CIA involved in some sort of military action involving a coupe or invasion of some sort. (Def Exh J- PAu 2-423-720 /H PAu-2-283-460 /- Def Exh C-(MTP)). Jack Byrnes ask Gregg if he ever watched pornographic movies while taking the he detector test the needles were jumping //similar// The landlord watching pornographic movies. (Def Exh H — PAu-2-283-460- Def Exh C-(MTP)). Stimmy is traumatized by the lie detector test venting out to the landlord / similar // Gregg is traumatized by the hie detector test venting out to Pam. (Def Exh PAu-2-283-460 — Def Exh C- (MTP)). Jack Brynes jimmies Gregg’s luggage to gain access and finds sex paraphernalia which leads Jack to believe that Gregg is a sexual deviant //similar/ The Landlord jimmies Stimmy’s door open to gain access and is seen on one occasion going through Stimmy’s luggage. The same sex paraphernalia is found to ridiculing sexual deviants in The Tenant and/or The Dysfunctionals while the crew is on vacation. (Def Exh PAu-2-283-460 -sex paraphernalia- Def Exhibit F-TXU-742-462 - Def Exh C-(MTP)). The landlord wakes up startled in a semi-conscience state and sees a chair planted next to his bed, it’s the landlord starring at him sippiny coffee isimilar//Gregg wakes up startled and sees Jack App. 41 Byrnes right next to him. (Def Exh G- TXU-775-750 — Def Exh C9MTP)). Jo Jo threatens a person as to keep his identity as a CIA confidential or else//similar// Jack Byrnes tells Gregg to keep his identity as a CIA confidential or else. Def Exh PAu-2-283-460 — Def Exh C-(MTP)). Stimmy’s Father-In-Law threatens Stimmy concerning his daughter //similar// Jack Byrnes threatens Gregg concerning his daughter. (Def Exh PAu-2-283-460 —- Def Exh C-(MTP)). The Chaps in The Tenant and/or The Dysfunctionals’ feel alienated when no one laughs at their jokes ‘/similar// Gregg’s feels alienated when no one from the family laughs at his jokes. (Def Exh H- 2-283- 460 Def Exh C-(MTP)). The tenant on numerous occasions states to the landlord “leave me alone” //similar// Go away mat in Denny’s room symbolizes — leave me alone. (Def Exh G- TXU-775-750 —- Def Exh C-(MTP)) Vinny- Michael Angelo of Carpentry — Cabinets from Vienna // similar // Kevin carpenter Bolivian wooden floors. (Def Exhi -G-TXU-775-750 — Def Exh C (MTP)). The landlord refers to Oliver Twist to stay out of his drawers that he will be subject to search and seizure. The mute had ransacked the drawers and was found with the wife’s panties over his head. //similar// Gregg when going through Denny’s drawers is approached by Denny hey! Hey! What are you going through my drawers? Where you sniffing my boxers’ App. 42 dude? (Def Exh H- PAu-2-283-460 — Def Exh - G- TXU-775-750 — Def Exh C (MTP)). The tenant had claimed to Carlo that he was petrified of the landlord. //similar// Gregg had claimed to Pam that he was petrified of her dad. (Def Exh PAu-2-283-460 — Def Exh C-(MTP)). The tenant is calling his stay at the landlord’s house a nightmare. /similar/ Gregg calling his stay at the parents house a nightmare. (Def Exh F-TXU-742- 462 Def Exh C-(MTP)). The tenant and/or Dysfunctionals’ elaborate on how History plays an important role in the formulation of their bond with one another, just as a war brings a country together these characters portrayed in this novel show a sick sense of allegiance toward one another. The fidelity creates a bond which in turn forms a crew // similar// Circle of Trust. (Def Exh G-TXU-775-750 — Def Exh C-(MTP)). The Tenant and/or The Dysfunctionals’ “ Watching his Every Move” , “ Watching Him” , “Watching with Binoculars” , Brother quite his job to “Watch the Tenant”, Stalker, Stalking // similar // Meet the Parents and Meet the Fockers - I'm watching you! (Def Exh H- PAu-2-283-460, Def Exh G-TXU-775-750, Def Exh G - TXU-775- 750, Def Exh F-TXU-742-462 — Def Exh C-(MTP)). The Tenant and/or The Dysfunctionals’ Skimpy bathing suit Scene // similar // The Meet the Parents’ Skimpy bathing suit scene. (Def Exh G- TXU-775-750 Def Exh C (MTP)). App. 43 The Tenant and/or Dysfunctionals’ Volleyball Game scene in where a woman breaks her nose // similar // The Meet the Parents Volleyball Scene with a nose injury. (Def Exh F-TXU-742-462 — Def Exh — C- (MTP)). The senior citizens who are cynical pessimist investigate Jo Jo character after witnessing some bizarre behavior in order to find out, whether he is who he says he 1s. // similar// Jack Byrnes a cynical pessimist after witnessing some bizarre behavior, investigates Gregg in order to find out if he is who he says he is. (Def Exh H — PAu-2-283-460 — Def Exh C-(MTP)). Vinny is spelling out Stimmy’s name to an official for investigative purposes. // similar // Jack Byrnes is spelling out Gregg’s name to an official for investigative purposes. (Def Exh H- PAu-2-283-460 —- Def Exh C-(MTP).. The Tenant and/or The Dysfunctionals’ — The investigation concluded that Jo Jo is fabricating. // similar // The investigation concludes that Gregg is fabricating. (Def Exh H -PAu-2-283-460 - Def Exhibit C-(MTP)). The landlord claims that Stimmy has been nothing but trouble since he came into the house. Jimmy saying this guys referring to his son-in-law has been nothing but trouble since he came into the family. // similar // Jack Byrnes — Honey this kid has been lying to us since we met him. (Def Exh H-PAu-2- 283-460 —- Def Exh C-(MTP)). App. 44 The Tenant and/or The Dysfunctional “Michael Angelo of Carpentry” orders cabinets from another country Vienna. // similar // Kevin a carpenter orders wood from another country Bolivia. (Def Exh G TXU-775-750 Def Exh C-(MTP)). Vinny speaks Asian Dialect // similar // Jack Byrnes speaking Asian dialect (Def Exh H-PAu2- 283-460 Def Exh C-(MTP)). Vinny says Fucker. // similar // Gregg looking for Jinx says fucker in a comical aspect. (Def Exh G- TXU-775-750 , Def Exh H - PAu-2-283-460 — Def Exh C-(MTP)). The plaintiff in The Tenant and/or Dysfunctionals’ receives a call from a concerned neighbor about his dog and the ASPCA // similar // Jack Byrnes while retrieving his messages receives a call from a concerned neighbor that he found Jinx — Jack comes concluding that Gregg took a cat from the Animal Shelter. (Def Exh G-TXU-775-750 — Def Exh C- 9MTP)). Race home Scene —Vinny’s wife pulls up parallel to his car exactly 3 (Three) times, Vinny is trying to get home first to fix the dent, get rid of the evidence and substantiate an alibi // similar // Jack Byrnes pulls up parallel to Greggs car exactly 3 (Three) times. Gregg is trying to get home first to get rid of the evidence both deal with evidence. (Def Exh G TXU- 775-750 - Def Exh C-(MTP)). Stimmy as he pulls up to the house, he finds his clothes shredded and burnt all over the front lawn in a bizarre manner. The carpentry case the plaintiff App. 45 enters his apartment which is in total disarray, it looked as if an earthquake struck. His dog was in the closet. He received a phone call from a concerned neighbor informing him about his dog and the fact that ASPCA was present. // similar // The Byrnes family comes home and finds the house in a total disaster with the wedding clothes, tuxedos and gown shredded up all over the place in a bizarre manner. Jack realized that the cat was from the Animal Shelter. (Def Exh G TXU-775-750 Ex H-PAu-2- 283-460, J-PAu-2-423-720, —- Def Exh C (MTP)). Gregg informed Pam that her father was breaking them apart, that he didn’t like him. // similar // Where as in Jo Jo and Pam’s relationship the parents were against it. (Def Exhibit H-PAu- 2-283-460 - Def Exh — C (MTP)). “The shredded clothes in a bizarre manner leads to the eviction of both the Tenant and Gregg Focker”. (Def Exh G-TXU-775-750, Def Exh H -— PAu-2-283-460 — Def Exh — C- (MTP).. The shredded clothes in a bizarre manner leads to the eviction of both the Tenant in “The Tenant and/or The dysfunctionals”; and Gregg Focker in “Meet the Parents”. The numerous comparisons alone should substantiate and prove that the defendants beyond any reasonable doubt knew at all times that they were in possession of plaintiffs stolen federal copyrighted materials and used plaintiffs’ Stolen Federal Copyright in the making of defendants’ projects Meet the Parents and Meet App. 46 the Fockers. // similar //(Def Exh G TXU-775-750, Exh H - PAu-2-283-460, Exh J-PAu-423-720 — Def Exh C-(MTP)). Dina Byrnes then tells Jack that no one was ever good enough for Pam. // similar // Pam’s family in the Tenant felt the same way. (Def Exh H - PAu-2- 283-460 —- Def Exh C-(MTP)). Eddie is at the airport by himself and Stimmy’s girlfriend took off to the airport with Stimmys engagement ring // similar // Gregg goes to the airport it appears he 1s the only one in the airport as he looks at the engagement ring). (Def Exh G TXU- 775-750 — Def Exh C-(MTP)) Jo Jo is taken into custody from the plane. A crew member is arrested and carried off by two police officers restraining both his arms and legs as he is acting like a raving lunatic. // similar // Gregg has a problem on the flight and is arrested and carried off the plane by two police officers restraining both his arms and legs as he is acting like a raven lunatic. (Def Exh H-PAu -2-283-460 — Def Exh C-(MTP)). Jack Byrnes driving erratically sped to the airport and jackknifed his car in front of the entrance to the airline. A police officer walked up and said to him you can’t park there. Jack replied tow it. // similar // Jimmy driving erratically sped to the hospital and jackknifed in front of the emergency entrance. A police officer walked up and said to him you can’t park there. Jimmy’s reply was yeah right! (Def Exh H -PAu-2-283-460 —Def Exh —- C (MTP)). App. 47 Jo Jo is interrogated and in light of the investigation is set free. Stimmy is also cuffed to a chair and in light of the investigation is set free. // similar // Gregg is interrogated and cuffed to a chair declaring his innocence and in light of the investigation is set free. (Def Exh H- PAu-2-283- 470 — Def Exh C- (MTP)). Stimmy goes on to Meet another Dysfunctional family, upon entering the premises he notices a picture on the wall which resembled the owner. Stimmy could have sworn while looking around the apartment he saw the eyes in the picture moving. It was confirmed that the landlord was watching him from behind the picture as the landlord starting conversing with Stimmy from behind picture. “Watching Him” (Def Exh H-PAu-2-283-470) Gregg states to Jack do I think you’re a psycho? Yes // similar // Vinny’s stalking his boss and the boss calls him a psycho, Stimmy calling him a psychotic. (Def Exh H- PAu-2-283-460 Def Exh C (MTP)). Jo Jo at the end of “The Tenant and/or The Dsyfunctionals is in the process of developing a relationship with Pam the Psychiatrist as Stimmy is off to meet another dysfunctional family // similar // Gregg returns to the house and continues his relationship with Pam and Jack Byrnes is in the process of meeting another dysfunctional family ‘The Fockers” //. (Def Exh H —PAu-2-283-460 Def Exh. C-(MTP)). App. 48 Jack Byrnes during the credits plays the video from the hidden surveillance camera and verifies that Gregg was guilty of flushing the toilet. //similar// Stimmy playing the video from the hidden surveillance camera which verifies that Vinny was guilty of stealing his money. (Def Exh. H-PAu-2- 283-460 — Def Exh C (MTP)). Gregg doing karate moves and screams // similar // Vinny doing karate moves and screams (Def Exh. H-PAu-2-283-460 — Def Exh-C(MTP)). There are many more scenes, however time is of the essence. The Tenant and/or The Dysfunctionals’ Characters: CIA Character, Psychiatrist _Character, Attorney Character, Theologian/Monk Character, Michael Angelo Of Carpentry Character, Police Officer Character, Correction Officer Character, The In-laws Character, Captain Character, Judge Character, Senior Citizen Characters. Meet the Fockers Characters as follows: CIA Character, Nurse Character, Pam Character, Mother Character, Attorney Character, Psychiatrist Character, Little Jack, Isabella Character, Rusty Character, Jaho Character, Ordained Minister Character & Carpenter Character, Relative Characters, Police Officer Character , Correction Officer Character, Judge App. 49 Character, Senior Citizen Characters. Captain Character. Characters in the Tenant and/or The Dysfunctionals // similar // Characters in Meet the Fockers The Scenes from The Tenant and/or The Dysfunctionals //similar// Meet the Fockers The Scenes: A mother in agonizing pain is frantically seeking a doctor to deliver her baby. A doctor cannot be found and Gregg is informed that he has to deliver the baby. The parents are concerned of his lack of medical qualifications and competence. However, the delivery goes well. // similar // Jimmy’s wife in agonizing pain is frantically seeking her doctor to deliver her baby. The doctor comes in late Jimmy aware of the doctor’s medical mal practice is concerned about his competence. However the delivery goes well. (Def Exh. H-PAu-2-283-460 — Def D (MTFP)). Little Jack was brought into Meet the Fockers for the purpose of incorporating the Sign language, Mammary Gland, Gay ridicule, Ferber Focker Method, “Scar Face say hello to my little friends” . and to get some of the sexually explicited materials out for instance seeing Isabellas Breast and making the using his tongue and mimicking his hands in an what appears to be sexual. Roz the Psychiatrist was brought in to bring in sexual situations on an educated level App. 50 low tone // Exhibition // Sex // First time details etc// emulating Pam the psychiatrist.// Ferber- Focker method in growing up children. Jack Byrnes is teaching Little Jack sign language by showing him cards. When Gregg appears Jack shows little Jack a card with a picture of a Nurse on it. Little Jack laughs because as Jack explains to Gregg that the nurse card only comes in one gender. Gay Ridicule // similar // The landlord tells Stimmy he’s got a hot date for him a Nurse — Stimmy thinking a nurse could only be a female and when he views Vinny dressed up in a nurses uniform with a wig on. — Gay Ridicule- (Def ExhG — TXU-775-750 —- Def Exh D (MTF)). Dina this is the highlight of our twilight // similar// Members would always be ready for something out of the ordinary like the twilight zone or outer limits. (Def Exh H- PAu-2-283-460 — Def Exh D (MTP)). Jack develops a Mammary Gland to breast feed little Jack however, while in the RV (deleted scene) Jack ask Gregg to feel how real the breast feel. While Gregg was feeling the breast Dina and Pam walked in startled to witness such bizarre behavior. // similar // Vinny going over the bridge making out with a blow up doll acting as if she were real. Vinny acted as if it were his date as he began to make out with a doll, when the wig fell off the toll clerk was startled by the bizarre behavior. Anyhow the intent of the joke is one and the same. (Def Exh. PAu-2-283-460 — Def D (MTP)). App. 51 Bernie Focker doing karate outside his house // similar // Vinny doing kararte (Def Exh H-PAu-2- 283-460 —Def D (MTF)). Fockers make sleeping arrangements , Jack Byrnes wants to sleep in the RV. // similar // Vinny tells Stimmy he could sleep anywhere sometimes he sleeps inthe car. (Def Exh G — TXU-775-750 — Def Exh D (MTP)). Byrnes family pulls up to the house and they get a tour — It was explained that the upstairs was being renovated // similar // When the landlord gave Vinny a tour of the house and explained that the bathroom was in the process of renovations. (Def Exh H-PAu-2-283-460-Def D (MTF)). Bernie Focker is bragging about his Stamina / similar / Mary is bragging about Jo Jo’s stamina. (Def Exh H-PAu-2-283-460 — Def Exh D (MTF)). When Isabelle was introduced at the dinner table little Jack began making tongue movements and mimicking his arms and hands to feel // similar // Vinny starring and mimicking his tongue movements and mimicking his arms and hands the intent of the joke sexual deviant. (Def Exh H-PAu-2-283-460 — Def Exh D-(MTF)). Isabelle looks at little Jack and actually says handsome little fucker // similar/ Fucker being prevalent throughout the script as a comical aspect (Def Exh G —- TXU-775-759 — Def Exh D(MTFP)). Bernie said Gay will be the official quarterback he’ll go both ways. Jack said I’m sure he does. 7 App. 52 similar // Stimmy thought maybe this chap went both ways. (Def Exh H-PAu-2-283-460 — Def Exh D -(MTPF)). Bernie Focker say to Jack Byrnes look at those pecks. // similar // Father in The Tenant and/or The Dysfunctionais is a well built man. (Def Exh H — PAu-2-283-460 — Def Exh D (MTF)). Macho Football Bernie Focker paints his face // similar // Father paints his face. (Def Exh H- PAu-2-283-460 — Def Exh D (MTP)). Jack and Gregg in football huddles whispering there plan // similar// Brothers in a football huddle whispering their plan. (Def H- PAu-2-283-460 — Def D (MTF)). Bernie Focker does an Indian War Dance to rowel himself up while playing football // similar // It sounded like an Indian War dance before the attack. (Def Exh H —PAu-2-283-470 — Def Exh D (MTF)). Jack Byrnes gets intercepted and tackled by Bernie // similar // Tommy getting intercepted and tackled. (Def Exh F TXU-742-462 — Def Exh D (MTF)). Jack Byrnes — Can I get some privacy? // similar // I have to talk te my brother in private stop App. 53 eavesdropping. (Def Exh H-PAu-2-283-460 — Def Exh D (MTFPF)). Jack Brynes is eaves dropping as he bends over trying to listen by the door // similar// Stimmy listening by the door. (Def Exh -PAu-2-283-460 — Def D (MTF)). Ferber Method don’t pick the baby up when he cries // similar / A baby is crying awaiting a response. The parents in fetal position are also crying with no intention of picking the baby up. Dysfunctional v. Rational. (Def Exh H- PAu-2-283- 460 — Def Exk. D-(MTP)). Ferber —Focker Method //similar// Dysfunctional v. Rational Method — we will have an opportunity to study some of the bizarre behaviorism and abnormal reactions of the dysfunctional as well as the normal people of society, I would like at this point to return to the crying chap and focus in on the newborn, who will have to endure being raised in a dysfunctional home. (Def Exh H - PAu-2-283-460 - Def Exh C -(MTF)). Roz Focker states Jack is in denial // similar // The parents that finally realize through failures and tragedies of their offspring that something is indeed wrong and continues to go through life turning a blind eye are usually to blame. The lack of understanding and stubbornness to deal earnestly with this problem creates the barriers and inability for these chaps to function rationally in a normal society. (Def Exh G- TXU-775-750- Def Exh D- (MTF)). App. 54 Jack Brynes talks about his family legacy // similar // The parents who go through life subterfuging their guilt without any attempt or reconciling differences, have not learned anything. They only condone the behavioral] pattern that will eventually destroy their families and destroy the lives of the next generation. (Def Exh G -TXU-775- 750 - Def Exh D (MTP)). Roz the psychiatrist tries to get to the foundation of the problem // similar // Pam the psychiatrist tries to get to the foundation of the problem. (Def Exh H PAu-2-283-460 Def Exh D (MTF)). Roz what was his childhood like? Roz goes into Jack’s childhood thinking all he needed was a hug. // similar // Pam what was your childhood like? (Def Exh H — PAu-2-283-460 — Def Exh D (MTPF)). Denny was away at Military School // similar // JoJo was raised quasi-military. (Def PAu — 2- 283-460 — Def Exh D-(MTP)). Jack Byrnes and his wife Dina are in the downstairs bedroom listening to sounds of a couple in ecstasy making passionate love // similar / real estate agent and potential buyers hear the sounds of a woman in ecstasy makiny passionate love. (Def Exh H-PAu-2-283-460 - Def Exh D (MTF)). Jack Brynes gives Gregg a truth serum drug and his true feelings begin to emerge. // similar // The liquor began working like a “Truth Serum” as the chaps true feeling began to emerge. (Def Exh H- PAu 2-283-460 — Def Exh D (MTF)). App. 55 Gregg passes out on the floor // similar // Jo Jo passes out on the floor (Def Exh PAu-2-283-460 — Def Exh D -—(MTP)). Roz explained to Gregg your father it would make good conversation (sex) on who was the first. // similar // Jo Jo at the dinner table cued in on the topic of conversation at the dinner table who was the first time. (Def Exh H-PAu-2-283-460 — Def Exh D (MTPF)). Richard liked details // similar // Roz claimed she liked details. (Def Exh H-PAu-2-283-460 — Def Exh D (MTPF)). Bernie Focker a rebel , activist hippy // similar // Jo Jo one of the sons had a rebel type of attitude, finding most of the ordinances concerning rules and regulations totally abnormal and out of touch with reality, mocking such demented behavior — a sort of rebellion against the absurdity of such dysfunctional behavior. (Def Exh H-PAu-2-283-460 — Def Exh D (MTPF)). Bernie Focker an Activist //similar// Baffled about the Captains arrest , Jo Jo began questioning whether or not the police acted properly gathering the liberals on the beach. After learning the ground Jo Jo aborted the matter of righteousness. Jo Jo faded into the crowd to avoid any negative exposure. (Def Exh H- PAu- 2-283-460 —- Def Exh D (MTPF)). (Deleted Scene) Defendants’ Highway Cop — stay in the car. Bernie jumps out of the car and start running up to the cop.// similar // Keep your hands App. 56 on the steering wheel: Vinny jumps out of the car and runs up to the cop. The cops draw their guns. (Def Exh H-PAu-2-283-460 - Def Exh D - (MTF)). Defendants’ Police Officer — Didn't | tell you to stay in the car ? What seems to be the problemo? Speeding going 55 in 45 mph zone .//similar// Didn't I tell you to stay in the car? What seems to be the problem? Speeding going 60 mph running steady red lights and driving recklessly, I say that constitutes a major problem. (Def Exh H- PAu-2-283-460 -— Def Exh D- (MTP)). Gregg while in custody sees Jack and starts running trying to get Jacks attention. The officer chases after Stimmy who was taken down with a Tazar gun // similar // Officer chases after Vinny trying to escape custody as he’s taken down witha tranquilizer gun. (Def Exh H-PAu-2-283-460-Def Exh D-(MTP)). Jack Byrnes approaches the officer and shows his identification A “Man of Influence”. The officer looks at the identification that states retiree. CI what? What are you going to show me next your AARP card ? // similar // Vinny flicking his wallet to his date to give the date some inclination that he was a “Man of influence”. Are you talking to me? (Robert De Niro Impersonation). ’m CIA baby! Dates reply — Listen, Elliot Nest just drop me off Def Exh H - PAu-2-283-460 -— Def Exh D (MTPF)). Jack claims that if the officer doesn’t stand down he'll be working in an old age home // similar / Vinny telling his date that those cops do not know App. 57 who they are messing with that they’ll be working the beat in the fucking circus. Mentality is similar. (Def Exh H- PAu 2-283-460 — Def Exh D (MTF)). (MTF) Cop hits Jack Byrnes with a stun gun taken him down with a few volts. // similar // Stimmy is hit with a stun gun taken him down with a few volts. (Def Exh H — PAu-20283-460 — Def Exh D (MTF)). (MTF) Cop goes into the RV and comes out with the Rubber Booby and finds what he believes to be pornography tapes in the trunk of the car and explains this is what you find behind the blue velvet ropes — the cop is led to the conclusion that he is dealing with sexual deviants // similar // Cops finding 3 rubber dolls and semen on the seats of the car is led to the same conclusion he is dealing witha sexual deviant. The encompassing of porn tapes, rubber booby, semen and rubber dolls all encompass the same effect the ridiculing of a sexual deviant in a comical aspect. (Def Exh H- PAu 2-283-460 — Def Exh D-(MTPF)). Deleted Scenes: MTP — Cop - Mr. fucker remain in the vehicle // similar// Fucker referring to individuals in a comical aspect. (Def Exhibit H-PAu-2-283-460 — Def Exh D (MTP)). MTP — Cop - You want to Dance do si do (square dance) // similar // Jimmy in the hospital what’s this look like a fucking square dance. (Def Exh I- PAu-2-380- 720- Def Exh D (MTPF)). App. 58 MTP Cop- Poppa Freak and Baby freak out for a Sunday drive and Mrs. Freak //similar// The Tenant and/or The Dysfunctional Cops - Freaks of Nature were exposed and labeled sexual deviants. (Def H- PAu-2-283-460 — Def D (MTF)). Deleted Scene cop claims they are doing interstate porn trafficking these are the kinds of videos you find behind the velvet rope // similar // Stimmy is taken down to the peep parlor. ( Def Exh H- PAu 2-283-460 —- Def Exh D (MTF)). MTF Child services // similar// Child Services if this type of warped behavior is being used as a form of conditioning or discipline in your household, stop right here and notify the child abusc hotlinc. If you're an adult get out! (Def H- PAu-2-283-460 - Def D- (MTP)). Baby Jack puts on Scar Face with Al Pacino “ Say hello to my little friends” // similar // Say hello to my little friends is dialogue — Al Pacino — Jimmy the father watched Scar Face with Al Pacino on T.V. Vinny talked like Al Pacino in the restaurant. (Def Exh G - TXU-775-750 — Def Exh D (MTP)). Deleted Scene — Bernie Focker states to Jack we all have our issues // similar // The pattern of behavior in this novel is called “Sick Humor” the actions of these characters creates the type of ambivalence and animosity that severs numerous relationships as you will see, instilling apprehension, fear and anxiety that creates the onsets of the chaotic environment, The characters portrayed in this story all suffer from App. 59 a variety of disorders which makes this novel entertaining. (Def Exh G —TXU-775-750 — Def Exh D (MTPF)). Relative — Barry Focker (In-Law) Looked like a typical sex degenerate, with his stalker stares // similar // starring in a lecherous manner, the woman noticed the perverted stares from the stalker — The tenant and/or Dysfunctionals’ ridicules this type of behavior throughout the projects. (Def Exh H-PAu-283-460 — Def Exh D (MTF)). Kevin became an ordained minister when he was talking to Isabelle he claimed Gregg had good taste and threw his collar away // similar // Theologian - monk who studied theology and then went after women. - (Def Exh H- PAu 2-283-460 - Def Exh D(MTP)). (The theologian character was developed through biblical references because the tenant was created to ridicule all the freaks and outcast of society and dysfunctional families in society. Kevin in meet the parents who got you into carpentry? Iguess I would have to say Jesus “if your gonna follow in someone’s footsteps who better than Christ” Kevin explains in biblical reference - why he was a carpenter his analogy takes all the biblical references from The Tenant and The Dysfunctionals ( However biblical reference would be /Jesus Aast supper/ grace at the table, mother must have carried the cross, the cock crowed until it was singing a song) Deleted Scene Rusty Bridge — spitting on the floor — taking his son to hooters to look at girls for some App. 60 family bonding “Dysfunctional” // similar // Vinny spitting on the floor when he’s talking to his boss in the dinner and taking Stimmy to the peep parlors to look at girls. ( Def Exh H —PAu-2-283-460 - Def Exh D (MTP)). Meet the Parent and Meet the Fockers are a product of plaintiffs Stolen Federal Copyrighted Material independently created entitled The Tenant and/or The Dysfunctionals the characters portraying the awkward and humorous situations were developed 4 years prior to Meet the Parents and Meet the Fockers. The resemblance is overwhelming. The Defendants rely on as “Indisputable Documentary Evidence” Meet the Parents a copyright VHS registered in 1991 prior to plaintiffs copyrights. However, the defendants use the name and a few scenes with no sequel in relation to Meet the Fockers because everyone in this Meet the Parents 1991 version is dead including the dog. Meet the Parents distorted VHS (1991) Copyright by Gregg Glienna and Mary Ruth Clarke A distorted VHS that looks like it was shot in the 60’s with no written copyright the credits seem to be the only undistorted scene. The very few scenes characterized only in Meet the Parents with no scenes in Meet the Fockers. However, plaintiff's “Stolen Federal Copyrighted Scenes and Characters are numerous and excessive in both Meet the Parents and Meet the Fockers. The plaintiffs sequel is used in meeting another dysfunctional family. However, defendants had more than enough of App. 61 material in plaintiffs stolen Federal copyrighted materials entitled The Tenant and/or The Dsyfunctionals whatever the defendants didn’t extract out of the plaintiff's stolen Federal Copyrighted Materials in Meet the Parents they used in Meet the Fockers that’s why it is fair to say that defendants projects Meet the Parents and Meet the Fockers are a product of plaintiffs “Stolen Federal Copyrighted Materials” The Tenant and/or The Dysfunctionals this back dated 1991 VHS only proves that the defendants objective was to subterfuge and conceal the use of plaintiffs Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals. Meet the Parents VHS (1991) The movie narrated at first by a gas station owner, A normal family until the end, a stick is thrown into the lake for the dog to fetch the dog drowns. The sister commits suicide and is found swinging from a rope in her bedroom. (Sister’s dead). The father a retired gas station owner comes down the stairwell with a shotgun and accidentally kills his wife and other daughter (Both mother and daughter are dead) and supposedly the father dies of a heart attack in the process. This blockbuster has no sequel because everyone in this project is dead including the dog. However, a sequel was in the making for this 1991 blockbuster. — The sequel once again narrated by a gas station owner: A totally different man witha totally different chain of events taking his children to the circus. “A Trip to the Circus” another tragedy App. 62 that will most likely resemble the same outcome of the 1991 MTP everyone will wind up dead. The “Stolen Federal Copyrighted Materials” were independently created by the plaintiff and entitled The Tenant and /or The dysfunctionals. The Characters: CIA Agent, Nurse Character, Mother (submissive character) Attorney Character, Doctor Character, Carpenter Character, The Theologian / Monk Character Baby Character, Police Character, Judge Character, Correction Officer Character, Flight Attendant Character, Detective Character, Relative Characters, In-Law Characters. Importantly to note, that none of these Characters are portrayed in the distorted 1991 VHS copyright of Meet the Parents by Gregg Glienna and Mary Ruth Clarke’s version. The defendants also fail to mention that the scenes below are from the “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals that were independently created by the plaintiff and entitled “The Tenant” and/or The Dysfunctionals’. Importantly to note, that none of these scenes below are portrayed in the distorted 1991 VHS copyright of Meet the Parents by Gregg Glienna and Mary Ruth Clarke The Scenes: The initial meeting where Jack Byrnes/landlord mans a window moving the curtain/blinds with a App. 63 cynical and apprehensive attitude in meeting (MTP/ Tenant) Scene, Full luggage (MTP/Tenant) Scene, Car Scene — What kind of car do you drive/ what do you drive a standard or automatic (MTP/Tenant) Scene, Hidden Surveillance Camera (MTP/Tenant) Scene, Frayed Wire Spark (MTP/Tenant) Scene, Lie Detector Test (MTP/Tenant) Scene, Focker /Fucker both relating to persons in a comical aspect (MTP/MTF/Tenant) Scene, Little Fockers/Little Fuckers both relating to children in a comical aspect (MTP/MTF/Tenant) Scene, Bestiality Joke (MTP/ Tenant) Scene, Roof (MTP/Tenant) Scene, Volleyball (MTP/Tenant) Scene, Skimpy Bathing Suit (MTP/ Tenant) Scene, Ransacking the luggage bag (MTP/Tenant) Scene, Jimmying the Locks open (MTP/ Tenant) Scene, Renovations (MTP/ MTF/ Tenant) Scenes, Asian dialect (MTP/Tenant) Scene, Disguise Voice (MTP/Tenant) Scene, Southern Dialect (MTP/Tenant) Scene, I’m Watching you (MTP/MTF/Tenant) Scenes, Investigative (MTP/MTF/Tenant) Scenes, Interrogation (MTP/MTF/ Tenant) Scenes, Gay Ridicule (MTP/MTF/Tenant) Scenes, Pot head dilated pupils pill popper crack head drug related (MTP/Tenant) Scenes, Spew (MTP/Tenant) Scene, Animal Shelter/ASPCA-(MTP/Tenant) Scene, Shredded Clothes in a bizarre manner which leads to both the tenants eviction and Gregg’s eviction (MTP/Tenant)Scene, Race Home Scene (driving erratically) in where they pull up parallel exactly 3 times to try to get home to get rid of the evidence (MTP/Tenant) Scene, Time Conscious (MTP/Tenant) Scene, Karate (MTP/MTF/Tenant) Scene, Being carried away by police by arms and legs while acting like a raving lunatic (MTP/Tenant) Scene. Airport Scene which results in arrest (MTP/Tenant) Scene, App. 64 Ferber/Focker/ Dysfunctional/Rational method in bringing Children up, Sign Language making facial expression while mimicking arms and hands with the intent of a sexual gesture for comical purposes (MTF/Tenant) Scene, Military School — Quasi Military (MTP/Tenant) Scene, Truth Serum where true feeling emerge (MTP/ Tenant) Scene, Square Dance (MTF/Tenant) Scene, Hospital baby being born both families worried about the competence of the person delivering. (MTP/ Tenant) Sex Exhibitions (MTF/Tenant) Scene, Sex talk when was your first time and details (MTF/Tenant) Scene, Barry Focker in-law typical sexual deviant stalker that is ridiculed in the Tenant and/or The ! Dysfunctionals (MTF/Tenant) Scene. Jackknifing the car (MTP/ Tenant) Scene, Ordained Minister — The Theologian / Monk (MTF/Tenant) Scene, Psychiatrist Scene getting down to the foundation of the problem . (MTF/ Tenant) Scene. Psychiatrist Scene going into childhood (MTF/Tenant) Scene, Stun Gun (MTF/Tenant) Lazar Gun (MTF/Tenant) Scene, Police Chase (MTF/Tenant) Scene, Mammary Gland and Rubber Dolls (MTF/Tenant) sexual deviant Scene, Judge (MTF/Tenant) Scene. The defendants rely on the distorted VHS MTP 1991 version claiming that the plaintiffs copyright infringement case is frivolous — and the defendants’ feel they are ripe for summary judgment — The defendants contentions are absurd and any juror in the world after viewing the characters and scenes will only come to one conclusion. That the defendants acted in concert knowingly and willing in the use of plaintiffs stolen federal copyrighted materials entitled The Tenant and/or The Dysfunctional in the making of their projects entitled App. 65 Meet the Parents and Meet the Fockers and that the defendants should not prevail, profit or benefit from acrime . See Character and Scene Similarity. The very few scenes are portrayed in Meet the Parents and no scenes are portrayed in Meet the Fockers from the back dated VHS copyright of Gregg Glienna and Mary Ruth Clarke that was solely used in a premeditated scheme carefully devised in an attempt to subterfuge and mask the blatant use of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals in the making of defendants projects “Meet the Parents” and “Meet the Fockers”. | The reason why “The Tenant and/or The Dysfunctionals fit so squarely into Meet the Parents and Meet the Fockers is because both project : combined are a product of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. See Character and Scene Similarity The plaintiffs independent creation of The Tenant and/or The Dysfunctionals’ needs no sequel to further prove the case because Meet the Parents and Meet the Fockers are a product of plaintiffs Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals. However, in further proving consistency the tenant after being evicted from the premises seeks to mect another aysfunctional family which gives rise to the defendants Meet the Fockers. Facts App. 66 The defendants working in concert used very few scenes in Meet the Parents and no scenes in Meet the Fockers from the pre-dated 1991 VHS copyright the only purpose of this back dated copyright was to mask, conceal and subterfuge the unlawful use of plaintiffs “Stolen Federal Copyrighted Materials” which were independently created and entitled The Tenant and/or The Dysfunctionals. It is quite clear and evident in these proceedings that Meet the Parents and Meet the Fockers are a product of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. The “similarities of scenes and characters are overwhelming” and it is quite clear and evident that the defendants acting in concert used the pre-dated VHS copyright of 1991 to mask their unlawful conduct.in using the plaintiffs “Stolen Federal Copyrighted Materials” The Tenant and/or The Dysfunctionals in the making of there projects entitled Meet the Parents and Meet the Fockers. These Character and Scenes bear extreme resemblance which include and are not limited to The CIA Character, The Pam Character, The Psychiatrist Character, The Nurse Character, The Police Character, The In — Law Characters , The Michael Angelo Of Carpentry Character, The Theologian Monk Character - The initial meeting scene (cynical and apprehensive as he waits the arrival looking out the window, lie detector test scene, the hidden video camera scene, the volleyball scene, the skimpy bathing suit scene, the cheap bottle of champagne scene, the bestiality joke scene, karate scenes. Eavesdropping scenes, investigation App. 67 scenes, incarceration scenes, police scenes, race home scenes, pulling up parallel scenes, shredded clothes in a bizarre manner scene, concerned neighbor scene, dilated pupil scenes — pot head, Carpentry scene wood from another country, driving crratically scenes, disguise voice scence, football scenes, stalking scenes, Pamela Dysfunctional method in bringing up children, lazar stun gun scene, Asian dialect scene, airport scene, truth serum scene, square dance scene, jackknife the car scene, The friction between the landlord and tenant — the animosity and ambivalence that leads to a chain of event in where the tenant is terrified and thinks the landlord is a stalker, the drawer scene, ransacking belonging scene, renovation scene, I’m watching you scenes, fucker referred to an individual in a comical aspect , little fucker referred to children in a comical aspect the same as Mother fucker in a comical aspect. The tenant leaving to meet another dysfunctional family squarely fits into Meet the Fockers. “Extremes in Revisions” The defendants is the ultimate product of a vaguely described theft, Plaintiffs have curiously alleged the defendants “went through extremes in revisions and manipulations in an attempt to conceal and subterfuge said crime by revising said screenplay’. When plaintiff alleges that the defendants “went through extremes in the revisions and manipulations in an attempt to conceal and subterfuge said crime by revising said screenplay the plaintiff means that the defendants knew at all times that they were in possession of plaintiffs “Stolen App. 68 Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. The plaintiff used the backdated copyright with the intent of masking and subterfuging the theft and changed some scenes around. Revisions and manipulations are obvious: For instance : The frayed wire and spark scene used for plaintiffs lie detector test was used to start the fire in the yard. However, the use of the lie detector test whether it is home made or Antique still serves a similar purpose to seek the truth. The use of the mammary gland as opposed to the use of the rubber dolls which again is revised however the rubber dolls and the mammary gland serve a similar purpose through police investigation which labeled the characters sexual deviants one and the same. The Ferber —Focker method as opposed to the Dysfunctional - Rational method which is self evident in the novel as they still serve a similar purpose. The defendants use a sex therapist to bring plaintiff's “Stolen Federal Copyrighted Materials in for a PG rating. The defendants bring in little Jack to bring in sign language, Ferber-Focker Method, Scar Face, the tongue and mouth movement and mimicking of his arms and hands are used by little Jack to bring out the sexual deviants that the Tenants ridicule however the overall message is similar. The plaintiff has proven numerous and overwhelming similarities in scenes and characters in which a jury would have no problem rendering a verdict on behalf of the plaintiff. App. 69 The plaintiff through discovery would most likely be able to reveal the theft ring involved in the plaintiffs “Stolen Federal Copyright Materials entitled The Tenant and/or The Dysfunctionals. The plaintiff believes that this copyright theft ring is highly sophisticated and if given the opportunity through discovery the plaintiff believes that these perpetrators will be brought to justice. The plaintiff also believes that the defendants’ in this action know exactly where the plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dsyfunctionals came from and used the back dated 1991 distorted VHS copyright of Gregg Glienna and Mary Ruth Clarke in a blatant attempt to mask, conceal and subterfuge the blatant usc of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals into the making of Meet the Parents and Meet the Fockers. The theft occurred on or about August 215% 1998 the police report number 980626165 the project stolen was entitled The Tenant- (PAu-2-283-460 dated April 27‘, 1998). After viewing Meet the Fockers and then viewing Meet the Parents. I constantly badgered Robert Epstein into helping me formulate a complaint against the defendants he constantly procrastinated so I decided to begin formulating on my own. When Robert Epstein found out that I was formulating a complaint he told me that he would notify Rico his friend from L.A. in where the actual theft occurred, However, prior to any phone call App. 70 Robert Epstein explained to this plaintiff, that he would have to sign a retainer. Robert Epstein also informed me that during the conversation I would have to remain silent. The gist of the conversation seemed somewhat tailored as Rico would go quiet before answering each question and took his time answering. However, during the course of the telephone conversation Rico made it clear that the script had been changed as he informed Robert Epstein to read it. Rico Semonini during this conversation made it quite clear and evident that Robert Epstein was also in possession of plaintiffs “Stolen Federal Copyrighted Materials entitled The Tenant and /or The Dysfunctionals. Prior to any theft occurring on or about January of 1997 Robert Epstein constantly badgered me on reading my script entitled The Tenant and/or The Dysfunctionals (TXu -775-750 dated December 24“) 1996). Robert Epstein promised this plaintiff that he would never divulge any of the content in said project, claiming that he was an attorney vowing that he would keep all materials confidential. Robert knew that I was in the process of starting my own film production company and wanted to break into the film industry with this project. Robert Epstein also knew he would be of counsel to my production company, I believed in Robert Epstein because I thought he was my friend. Robert Epstein was the only person in possession of plaintiffs copyrighted novel The Tenant and/or The Dysfunctionals TXU-775-750 dated December 24'» 1996 ) prior to the theft in L.A on August 215+ 1998 of plaintiffs Stolen Federal App. 71 Copyrighted Material entitled The Tenant (PAu-2- 283-460 dated April 27» 1998). However, Robert Epstein helped me formulate a complaint against the defendants in doing the jurisdiction portion, attorney fees cause of action and reverse passing off in the Lanham Act. Robert Epstein had also informed me that John Hamburg a writer on both Meet the Parents and Meet the Fockers went to school with Adam Schlesinger an attorney from the office. During the course of the summary judgment [ asked Robert Epstein for an affidavit concerning the said conversation with Rico Semonini. Robert Epstein refused to give an accurate account of said conversation concerning Rico Semonini. This plaintiff firmly believes that a sophisticated theft ring is involved with the “Stolen Federal Copyrighted Materials” and the defendants in this case have acted jointly in concealing, masking and subterfuging the blatant use of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/ or The Dysfunctionals in the making of Meet the Parents and Meet the Fockers. The overwhelming similarities are quite clear and evident that the defendants in this case used plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals in the making of defendants projects entitled Meet the Parents and Meet the Fockers. The back dated 1991 VHS copyright of Gregg Glenna and Mary Ruth Clarke’s purpose for the defendants in this case was to pre-date plaintiffs App. 72 independent creation “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. The backdated 1991 copyright has very few scenes in Meet the Parents and no scenes in Meet the Focker. However, plaintiffs “Stolen Federal Copyrighted Materials entitled The Tenant and/or. The Dysfunctionals has numerous and overwhelming comparisons scenes and characters to the defendants Meet the Parents and Meet the Fockers. It is fair to say that Meet the Parents and Meet the Fockers are a product of plaintiff;s Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals. The sequel intended for The Tenant and/or The Dysfunctionals is to Meet Another Dysfunctional Family which squarely fits into Meet the Fockers. There is no sequel for the back dated copyright because everyone including the dog is dead. Whatever the defendants didn’t extract from plaintiffs “Stolen Federal Copyrighted Materials” entitled ‘he Tenant and/or The Dysfunctionals In the making of Meet the Parents they used in the making of Meet the Fockers. That’s why it is fair to say that defendants projects entitled Meet the Parents and Meet the Fockers are a product of plaintiffs Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals. Conclusion: Meet the Parents and Meet the Fockers are a product of plaintiffs independently created copyrights (Stolen Federal Copyrighted Materials) entitled The Tenant and/or The Dysfunctionals. App. 73 The reason why Meet the Parents and Meet the Fockers enjoyed worldwide success is because they used all the materials from plaintiff “Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals. The overwhelming comparisons in scenes and characters are proof. Defendants’ rely on the Independent creation in this case however it is abundantly clear that Meet the Parents and Meet the Fockers are a product of plaintiffs Stolen Federal Copyrighted Materials entitled The Tenant and/or The Dysfunctionals. The defendants in the film industry have access to all different copyrights and contracts, the defendants use of the 1991 VHS use very few scenes in Meet the parents and no scenes in Meet the Fockers concerning this backdated distorted VHS 1991 which has no sequel for Meet the Fockers because everyone in the family including the dog is dead. The only real purpose of this distorted 1991 backdated VHS was to mask, conceal and subterfuge the unlawful use of plaintiffs “Stolen Federal Copyrighted Materials” entitled The Tenant and/or The Dysfunctionals. CONCLUSION For the foregoing reasons, plaintiff respectfully request that this court deny defendants motion for summary judgment in it’s entirety and grant the plaintiffs such other and further relief as the court deems just and proper. App. 74 Dated: New York, New York September 2, 2006 /s/ Joseph Ardito Joseph Ardito Chivalry Film Productions and Joseph Ardito 97-12 76. Street Ozone Park, New York - 11416 Tel No. (917) 435-2820 App. 75 Table of Similarities between “Meet the Parents” and “The Tenant” and/or “The Dysfunctionals” Meet the Parents The Tenant and/or The Dysfunctionals The story starts in Chicago but takes place The story takes place in New York in New York Def Exhibit G - Txu- 775-750 Page 1 — 1st sentence Train Train Scene Def Exhibit H — Pau-2- 283-460 Page 3 - 1st paragraph —1st sentence. Hospital Scene — Man with [V Hospital Scene -Woman with [V Def Exhibit J - PAU- 2- 423-720 Page 52 - 6th paragraph Gregg practicing at the hospital to a patient on how he is going to propose to his fiancée. Jo Jo, now fourteen, nervously looks forward. His eyes are wide, as he combs his hair. Jo Jo — Pam, w-w-will you go out with me’? Suddenly, there is a App. 76 [Meet the Parents The Tenant and/or The a ST Dysfunctionals pounding at the door. Jo Jo has been standing before the bathroom mirror. Def Exhibit J Pau-2- 423=720 - | Page 13 -— Top School Scene School Scene Gregg on his knees Jo Jo—Jo Jo ask Pam practicing to ask Pam to | out. marry him, however he finds out he needs her Def Exhibit J — Pau-2- Father's approval. 423-720 7 _| Page 14 Gregg’s Full Luggage Stimmy’s Full luggage Bag is lost. bag A moving truck drives by. Once it has passed, we can see Stymie struggling from his car toward Vinny’s house with an over-packed suitcase. Def Exhibit J —- Pau-2- 423-720 Page 78 - 2"4. Narration from the bottom. Dina Byrnes — The Jo Jo (During Jo Jo’ high App. 77 Meet the Parents The Tenant and/or The Dysfunctionals attitude is confirmed by Pam’s mother when she states to Jack Byrnes “No one was ever good enough for your daughter. school years he was attracted to a girl named Pam in his history class. Pam would notice Jo Jo smiling at her from time to time but any chance for a true romance was zilch being that being that Pam came from the affluent side of town. Exhibit H — PAU - 2- 283-460 Page 12 - 1 paragraph - through to 14) Jo Jo (At this point had mixed feelings. Jo Jo kissed Pam back thinking to himself this would be his only kiss). Pam knew her parents were against any kind of relationship with this lad. Jo Jo (Cared about Pam but didn’t want to delve into a complicated relationship or head App. 78 Meet the Parents The Tenant and/or The Dysfunctionals game. At the end of the movie Jo Jo kissed Pam goodnight.) [ll guess will meet sometime in the future. This was the last time they saw one another for a while. Pam — Maybe we will. (Both teenagers were too young to comprehend the reality of the situation and with the threat of rejection, stalemated a relationship). Exhibit H - PAU- 2- 283-460 Page 14 — 1st five Characters including narration. Gregg pulls up to the house the father is manning the window and moves the curtain with a cynical and apprehensive attitude — The mood: and music is very Cynical — Stimmy (Pulls up to the house thinking he’s punctual. The landlord (Vinny) is viewing the potential tenant through a broken blind. Stimmy walked up to the front door and rang the bell about 4 times. Stimmy App. 79 Meet the Parents Dysfunctionals q The Tenant and/or The | | i | | | j = notices from a distance a dilated pupil peaking through the blind watching his every move. This type of behavior seemed quite peculiar even to Stimmy, the potential tenant. Stimmy happen to have his cellular phone handy and called Vinny, to see why he wouldn't answer the door.) Vinny are you there? Please pick up its Stimmy, the new tenant. Vinny (Picked up as Stimmy was leaving his message.) Hello, Stimmy its Vinny what took you so long? You're late. Stimmy (Looked quickly at the broken blind and noticed that the dilated pupil disappeared) Vinny - I thought [ was | on time, it’s only 1'O'clock/ App. 80 Meet the Parents The Tenant and/or The Dysfunctionals Vinny - Maybe on your fucking watch, mine says 4:30 Stimmy (Didn’t want to argue over the 30 minutes because he was in dire need of an apartment. However, Stimmy now knew that Vinny’s clock was set a half an hour ahead of eastern standard time. Sorry, Vinny it won't happen again, _ traffic was unbelievable. Are you going to let me in? (Stimmy hears a dial tone). Vinny — What took you so long? Come on in Stimmy. Vinny - After 4 o'clock I decided to take a shower. I didn’t hear the bell ring if that’s okay with you. Stimmy noticed Vinny’s hair was dry that Vinny didn’t really take a shower. | Def Exh. H —PAu-283-_ App. 81 Meet the Parents The Tenant and/or | The Dysfunctionals 460 Page 88 Paragraphs I1- 8 Roof Scene Analogy Focker climbed up on the roof in an attempt to pursue the cat (Jinx) while up there he decided to have a smoke. Jinx vanished into thin alr. Of course Focker has to eavesdrop on a Jack Byrnes's conversation _ Roof Scene Analogy Roof Scene - Jimmy climbed up from the 24 story window to the rooftop like a monkey, in an attempt to pursue a nosey neighbor. Defendant’s Exhibit H - PAU-2-283-460 Page 24 - Qund paragraph last sentence. The neighbor took off like a scared cat and vanished into’ thin air). You Mother fucker' Exhibit H PAU- 2 - 283-460 Page 24 — Next to last paragraph last sentence. The tenant picks up the App. 82 Meet the Parents The Tenant and/or The NESS SEE = === —— Focker drops his cigarette and slips causing the leave to ignite in the gutter. He tries to put the fire out and kicks the gutter that somehow frays two wires off the house sparking. The sparks ignite on the leaves and we now have the spreading like wildfire. Dysfunctionals extension and eavesdrops on_ the landlord’s conversation. Def Exhibit H PAU- 2- 283-460 — Page 125 7th Character narration. Lie Detector ‘Test — Stimmy found himself bound and gagged to a chair, now witnessing Vinny plugging in the extension cord into the electrical outlet. (frayed wires) Vinny _ started touching two (frayed) wires showing Stimmy the sparks Defense Exhibit H - PAU- 2-283-460 Page 97 - 3rd Character 1st and 24 sentence. Stimmy (Looks at Jo Jo who seemed _ sincere about keeping his secret, was now spreading like Meet the Parents _ The Tenant and/or The Dysfunctionals Focker after starting the fire from the roof had claimed to be in the shower however his hair was dry. Focker got a quick tour of the house Jack - The toilet is not flushing right in this bathroom. | Stimmy wildfire. covering the receiver). You told him right? Def Exhibit H PAU- 2-283-460 Page 8:7 - 10th Character narration. Stimmy (Noticed that Vinny’s hair was dry, and if he was in the shower, who was looking out the window? thought to himself that Vinny was a cartoon character, Def Exhibit H — PAU- 2-283-460 Page 88 Vinny (Gave Stimmy a quick tour of the house.) Def Exhibit H - PAU- 2-283-460 Page 88 - 2™4 to last Character App. 84 Meet the Parents | The Tenant and/or | The Dysfunctionals Jack Byrnes was a Control Freak Pam told Focker try not to be sarcastic ——EE Vinny - The bathroom is in the process of renovations, once they are completed, the rent will obviously go up a few dollars. You understand. Def Exhibit H — Pau-2- 283-460 Page 89 - 1st Paragraph ard sentence. Vinny — Stimmy I made dinner reservations at an exclusive restaurant. We will discuss the lease at the restaurant. It will protect both our interest. (As Vinny referred to an item he had in a paper bag.) Please, I heard about. your habits, try and be on your best behavior at this restaurant, because I’m _a regular there. otimmy began to App. 85 Meet the Parents The Tenant and/or The Dysfunctionals Jack Burns to Focker What do you drive their a ford? Interesting color did you pick it? They say only Geniuses pick green but you didn’t pick the color? (The ambivalence and animosity between the two becomes quite apparent which creates the rivalry.) Pam’s future Father-In- Law ridicules Stimmy when he misses the turn in the Race home scene. acknowledge that Vinny seem to be some sort of Control Freak, the way he carried himself, and ordered him around in such a demanding manner.) Vinny told Stimmy in an arrogant manner. Now get your fucking car. Stimmy (Looked at Vinny in shock for a second, not believing what he had just heard. Stimmy with a bit of sarcasm retorted.) What did you say? Vinny ‘Then fucking car. get you Stimmy (Figured, Vinny was paying for the meal, so he had to drive.) Okay. | Vinny - (Upon entering App. 86 Meet the Parents The Tenant and/or The Def Exhibit C-Meet the Parents (DVD). Dysfunctionals Stimmy’s car, complained about everything for instance) Why did you buy a standard shift? How about if I need to borrow your car? (The entire ride to the restaurant, Vinny was badgering Stimmy the potential tenant on his driving — skills.) Where the fuck did you learn how to drive like that? Stimmy would you please leave me alone. Vinny (Giving Stimmy turning directions, once he was already in the intersection screaming out to him, at the top of his lungs.) Make a right, a left now! (Uf Stimmy missed the turn he wouldn’t hear the end of it.) Def Exhibit H — PAU App. 87 Meet the Parents The Tenant and/or The Dysfunctionals 2-283-460 Page 89 - 11th Character. Vinny- Yeah, ~ what? What kind of car do you drive? Victims Husband - station wagon. a Def Exhibit H - PAU- 2 —283-460 Page 99 - 5th & 6th Character from bottom. Elmer Fudd Elmer Fudd impersonation Scene impersonation Dina Byrnes — “Where is | Scenes. my “Widdle girl” Elmer Fudd Def Exhibit C-Meet the Parents (DVD). Def Exhibit H — Pau-2- 283-460 Mid paragraph page 137 Lost Luggage Scene at Airport — Focker gets spewed up on. Mother Brynes Jo Jo spewed up. Passengers on the plane | became repulsed from App. 88 Meet the Parents The Tenant and/or The Dysfunctionals complains of smell Def Exhibit C-Meet the Parents (DVD) the smell of spew Exhibit H — Pau-2-283- 460 Bottom of page 168 Anything you need just ask me casa es su casa Make yourself at home. Unique last name Focker (The name Focker is prevalent throughout both Meet the Parents and Meet the Fockers, the intent of the usage can only be construed as referring to Fucker again referring to an individual). Def Exhibit C-Meet the Parents (DVD) , attention _ “Fucker” is prevalent throughout all the plaintiffs copyrights it refers to an individual in a comical aspect. Def Exhibit H — PAU- 2 —283-460 | Pages 50, 118,160,168,169,232 etc, etc, etc., The content of material used in expressing this _ story may be a bit distasteful and offensive the author expresses his deepest apologies to you the reader. The reason for the decadent vocabulary usc 1S incumbent to receive the kind = of and the App. 89 Meet the Parents The Tenant and/or The Dysfunctionals recognition the author climaxes on. The inclination of such a reaction is to pursue the comical aspect of this novel to its fullest extent. Def Exhibit G — Txu- 775-750 Page 5 — 1st Paragraph Jack Brynes gets a call and tells the travel agent to disguise his voice with a southern accent, Def Exhibit C—Meet the Parents (DVD) Vinny is leaving a message on Stimmy’s answering machine, in a disguised voice. Def Exhibit H — PAU- 2-283-460 Page 100 - 3rd character 1st sentence I wish you didn’t tell you parents I hate cats, but you do hate cats Stimmy began reading the grounds for divorce, as his buddies were sneaking a peak, finding out that Stimmy had some really bad habits. These chaps weren't aware of Stimmy’s habits that were now exposed and led to an embarrassing situation. When Stimmy noticed —_| App. 90 Meet the Parents The Tenant and/or The Dysfunctionals_ that his buddies were Def Exhibit D-Meet sneaking a peak he the Parents (DVD). asked them to keep certain stipulations confidential, both buddies were sworn to secrecy. Exhibit G - TXU- 775- Focker claimed it wasa_ | 750 nightmare. Page 57 Last Paragraph. Def Exhibit C-Meet Jo Jo explained to the Parents-(DVD). Stimmy that his brother Vinny was looking for a roommate and that he would give him a call, he promised Stimmy he could hook him up. Stimmy had no idea that his real nightmare was about to begin. Exhibit G — TXU — 775- | 750 | Page 58 1st Three | sentences. Jo Jo told Stimmy that he and his brother _| needed some privacy. App. 91 Meet the Parents The Tenant and/or The Dysfunctionals Stimmy could see from the table Jo Jo laughing hysterically, like a nut whispering to Vinny. Stimmy went over to the phone to say hello to Vinny the brother handed the phone over to Stimmy. The landlord was telling Stimmy that his last tenant had some “Bad Habits” and left the premises in an ambulance, pretty much fucked up. Vinny | explained how he had rules and regulations that had to be abided by and would not tolerate “bad habits” do you know what I mean? Stimmy looked at the brother who seemed sincere about his secret that was beginning to spread like wildfire. Def ExhibitG TXU- 775-750 1st Paragraph Jack Byrnes — Not many men in your field The brother Vinny told the tenant that he'd fix App. 92 Meet the Parents The Tenant and/or The Dysfunctionals (This is how the whole Nurse character developed for Meet the Parents and Meet the Fockers including the constant insinuations and ridiculing that Focker may be gay. Def Exhibit C-Meet the Parents (DVD) him up on a hot date and the she was on her way. The landlord explained to the tenant that she was a nurse that he met at his brother’s psychiatric ward. Vinny told Stimmy to take a quick shower and _ get ready. After the shower Stimmy went into the downstairs bathroom to shave. Stimmy heard a loud thump outside of the house. The bell rang Stimmy peaked out the window and saw a woman in a_ nurses uniform, with a big head looking a bit strange as she was downing a bottle of beer. Stimmy opened the door and to his surprise the peculiar looking woman resembled the landlord. When in fact the tenant finally realized it was the landlord with a wig on dressed up like a bitch he let out a sigh of | disgust. App. 93 Meet the Parents | The Tenant and/or ee ee The Dysfunctionals Def Exhibit G - TXU-- 775-750 Page 123 - 1° Paragraph. Jack Brynes — Is your loved one, safe witha stranger? Can you really trust another human being? Yes or no? Focker answers yes! Jack Brynes ~ Wrong the answer is no! Def Exhibit C-Meet the Parents (DVD). The content of this book will help you develop a sense of cynicism prior to becoming a statistic yourself by a dysfunctional, if given the chance could possibly turn your life into shambles. Def Exhibit G —- TXU- 775-750 | Page 4 — 4** sentence. . Jack Byrnes - Trust me Gregg when you have "Little Fockers” running around your gonna’ need protection. (Focker is used in these the ordinances are “Little Fuckers” a Defendants’ Exhibit H | — Pau-2-283-460 Page 110 - 1st Paragraph next to last sentence. Jimmy (To make sure App. 94 Meet the Parents The Tenant and/or The Dysfunctionals two projects entitled Meet the Parents and Meet the Focker ina comical aspect refers to individuals Fuckers). Def Exhibit C-Mect the Parents (DVD), enforced, Jimmy walks through the railroad rooms with a flashlight, shining the light in the little fuckers (children) eyes, to see who’s in defiance of the sleeping code. ) Def H — Pau — 2-283- 460 Page 10 Last paragraph narration. Jack - You like Peter Paul and Mary [Puff the magic dragon. Great song Focker -Who really would have thought it wasn't about a dragon, Jack - What do you mean 9 Fecker -You know the | whole drug scene. To puff the magic dragon Dilated Pupil — peaking through the blinds (Dilated pupil would refer to high status a pot head). App. 95 Meet the Parents The Tenant and/or The Dysfunctionals Jack —Puff is just the name of the boys magic dragon Focker are you a pot head ? Focker — I tried it but Jack — Yes or No Focker 9 Def Exhibit C- Meet the Parents (DVD). Def Exhibit H — Pau-2- 283-460 Page 88 274 Sentence. Jack Brynes - Hospital worker looking for access to ludes. We already know he puffs the magic dragon. Def Exhibit C-Meet the Parents (DVD). Crack and Overdose Def ExhibitG TXU- 775-750 2°4, sentence — Page 91 Worker dragging behind him some dismembered limbs Def Exhibit C-Meet the Parents (DVD). “Cheap Bottle of | Champagne Scene” Dragging behind him some dismembered limbs Def Exhibit — I - PAU- 2-380-629 Page 14 - 4th Paragraph — 24 sentence “Cheap bottle of | App. 96 Meet the Parents The Tenant and/or The Dysfunctionals Focker wanted to purchase an expensive bottle of champagne — However they only have Mums instead of an expensive champagne. La Heim ! Focker makes grotesque faces at the urn and camera at the end. Def Exhibit C- Meet the Parents (DVD). champagne Scene” A very hyper man breaks out the bottle of champagne, camouflaging the label with a pink cloth. After the pouring they raise their champagne glasses preparing for che holiday toast with puzzled faces, as the stock ysst is delivered by Jimmy. Let’s hope this holiday doesn’t wind up like last year! Salute ! Defendants Exhibit H — Pau-2-283-460 Page 15 = 5th Character. Jimmy , looks through the window, is making yrotesque faces stretching his face with his hands. The nurse holds up his child, and the facial activities stop. App. 97 Meet the Parents The Tenant and/or The Dysfunctionals Def Exhibit G. TXU 775-750 Page 14 - Last paragraph, last sentence. Focker spying on Jack picks up a magazine and opens it and Jack sees a picture of a woman and breast pumps. Focker claimed to have been brought up on a farm. Jack brings up a cat named Cheppetto (Puppet). Bestiality Joke Gregg explains why he was looking at the magazine with breast pumps and elaborates on how he was brought up in Detroit Michigan but it wasn't a farm per se // Gregg explains that he had a litter of cats and one cat couldn’t make it to the mothers teethe and he went in and just milked into a little saucer. nipple so he Husband (Sees her about to enter the closet) Oh! Stay out of the fucking closet or you'll be joining my puppets! Def Exhibit H - PAU 2 ~—283-460 Page 51 - 9th Character. Bestiality Joke I would now like to give you an example of the love Jimmy had for his neighbors. Jimmy was busy doing some carpentry work on his second floor apartment. A sticky beak neighbor wanting to engage ina friendly chat initiates the following App. 98 Meet the Parents The Tenant and/or The Dysfunctionals milked the nipples Mrs Brynes - I had no idea you could milk a cat Gregg you can milk anything with nipples Jack states: “Focker I have nipples could you milk me too. Deleted Scenes/ Jack - Maybe Gregg does it to the cats like people do it to the sheep. Def Exhibit C- Meet the Parents (DVD). conversation. Neighbor (Notices Jimmy working diligently.) Hello, Jimmy what are you doing up there ? Jimmy (The neighbor could see Jimmy’s head bobbing up and down in the window. No reply was given to the neighbor . However, Jimmy began swinging the hammer more fiercely, trying to give the neighbor a hint as to “fuck off’) Neighbor tried a second time to initiate some sort of conversation as to what Jimmy was doing up there? Jimmy (Wiped the sweat from his brow and replied to the noisy _ neighbor in a boisterous | tone.) Hey, scum bag! | I’m fucking a chicken up — App. 99 Meet the Parents The Tenant and/or The Dysfunctionals time conscious. Def Exhibit C- Meet the Parents (DVD) Dina — Gregg never had a home cooked meal. | They were always | Jack Burns was always | here, would you like to come up and hold his head down!! Def Exhibit Pau 2-283- 460 Page 23 — 2nd paragraph down Time Conscience. (The landlord would have to be at work a 7 a.m. in the morning, but due to his tardy phobia he ritually awoke every morning at 3:45 a.m. Def Exhibit H ~ Pau- 283-460 Page 98 - 274 paragraph 1>t Sentence. Vinny told Stimmy he did not like being tardy. Def Exhibit —-G - TXU- 775-750 Page 62 Last Par. 24 & 3™4, sentence. The kids rush over to the | pizza, and begin fighting for their slices. App. 100 Meet the Parents The Tenant and/or The Dysfunctionals fighting in the kitchen over containers of Chinese food. Def Exhibit C- Meet the Parents (DVD) Def Exhibit J —- Pau-2- 423-720 Page 24 - 1st Paragraph. Jack Brynes wife Dina’s Character very permissive and easy going the rational one. Def Exhibit C-Meet the Parents (DVD). (Jimmy’s wife’s Character very permissive and easy going the rational one). Till get your dinner ready honey, it’s going to take a couple of minutes to heat up. Exhibit H — Pau 2-283- 460 Page 3 8th Character last sentence. L Focker is wearing Pams bathrobe. Jack what’s with the rob? Don’t worry about what happen today. Lets put all that behind us and enjoy our weekend together. Def Exhibit C-Meet _ Carlo pulls up to the house and honks his horn. He gets out of the car. The front door to the house opens and Carlo’ Father wanders out ina woman’s bathrobe. Def Exhibit I PAU 2- 380-629 | Page 53 34, App. 101 Meet the Parents The Tenant and/or The Dysfunctionals the Parents (DVD). paragraph from the top. One more thing under our roof it my way or the long Island expressway keep your snake in its cage /// Def Exhibit C-Meet the Parents (DVD). Vinny - Rules and regulations of the house Pll tell you what ’'m talking about homo, there are rules and regulations that have to be abided by and I will not tolerate “bad habits” you understand me! Def Exhibit H - Pau 2 — 283-460 Page 87 - 9th. Character. Jack Burns - Just something about him that’s a little off! Greggs Eaves dropping on Pam’s parents. Gregg’s Eavesdropping Def Exhibit C-Meet the Parents (DVD) Stimmy’s Eavesdropping Listening to the conversation between the brothers and began to choke. Def Exhibit H - Pau 2- 283-460 Page 126 4th Character — narration I just realized something “Pamela Martha Focker” Simei Mother Fucker — You mother fucker you've been giving me trouble App. 102 Meet the Parents The Tenant and/or The Dysfunctionals (Martha Fucker in these 2 entitled projects Meet the Parents and Meet the Fockers is intended to mean in a comical aspect Mother Fucker) | | Def Exhibit C-Meet _the Parents (DVD) house. Defendant’s Exhibit H PAU-2-283-460 Pages 17 2.4 character 24d sentence from the end. Additional.Pages:/23/2 4/29/30/37/47/48/54 /99/102/1/ 111/117/129/132/135/15 7/165/179/189 224/231/235 Martha ~ The name isa character in the tenant. Def Exhibit H — PAU- 2-283-460 Page 143 Top of page 1st character. The content of the material used in expressing this story may be a bit distasteful and offensive the author expresses his deepest apologies to you the reader. The reason for the decadent vocabulary use 1S incumbent to_ App. 103 Meet the Parents The Tenant and/or The Dysfunctionals receive the kind of attention and recognition the author climaxes on. The inclination of sucha rea [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386010_0700%3A2. Public record. Not legal advice.