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GROSSO v. MIRAMAX FILM CORP.

No. 01-57255.

400 F.3d 658 (2004)

Jeff GROSSO, Plaintiff-Appellant, v. MIRAMAX FILM CORP., a New York Corporation; Miramax Books; Spanky Pictures, a New York Corporation; David Levien, an individual; Brian Koppelman, an individual; Ted Demme, an individual; Joel Stillerman, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2004.

Amended March 15, 2005.

Attorney(s) appearing for the Case

John A. Marder, Steven J. Renick, and Sylvia Havens, Manning & Marder, Kass, Ellrod, Ramirez, Los Angeles, CA, for the plaintiff-appellant.

Richard L. Charnley, Nelson, Thompson, Pegue & Thornton, Santa Monica, CA, for the defendants-appellees.

Before SCHROEDER, Chief Judge, THOMPSON, and SGRABER, Circuit Judges.

ORDER

The opinion is amended to add a new penultimate paragraph as follows:

We express no opinion on the question whether the facts adduced during the summary judgment proceedings on Grosso's copyright claim can support the Desny claim set forth in Grosso's complaint. Our decision is compelled by the procedural posture of the Desny claim. Because the district court granted Miramax' motion to dismiss under Rule 12(b)(6), our inquiry...

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