Filed: Jan. 05, 2017
Latest Update: Jan. 05, 2017
Summary: STIPULATION RE: TESTIMONY OF EDWARD STRONG ROBERT C. JONES , District Judge . The parties hereby stipulate that Edward Strong, an officer of Dodger Theatricals Ltd. who resides in New York City, New York, would give the following testimony if called to testify at trial, and the jury should consider the following statements as having been made under oath by Mr. Strong: 1. Edward Strong is the Secretary, Treasurer, and Co-Owner of Dodger Theatricals, Ltd. ("Dodger"). 2. Edward Strong reaffi
Summary: STIPULATION RE: TESTIMONY OF EDWARD STRONG ROBERT C. JONES , District Judge . The parties hereby stipulate that Edward Strong, an officer of Dodger Theatricals Ltd. who resides in New York City, New York, would give the following testimony if called to testify at trial, and the jury should consider the following statements as having been made under oath by Mr. Strong: 1. Edward Strong is the Secretary, Treasurer, and Co-Owner of Dodger Theatricals, Ltd. ("Dodger"). 2. Edward Strong reaffir..
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STIPULATION RE: TESTIMONY OF EDWARD STRONG
ROBERT C. JONES, District Judge.
The parties hereby stipulate that Edward Strong, an officer of Dodger Theatricals Ltd. who resides in New York City, New York, would give the following testimony if called to testify at trial, and the jury should consider the following statements as having been made under oath by Mr. Strong:
1. Edward Strong is the Secretary, Treasurer, and Co-Owner of Dodger Theatricals, Ltd. ("Dodger").
2. Edward Strong reaffirms the following facts from the "business structure" stipulation previously read to the jury:
a. Defendants Fankie Valli, Robert J. Gaudio, Marshall Brickman, and Eric S. Elice (collectively, "the Authors") jointly own all relevant rights in the play Jersey Boys.
b. The Authors conveyed to Defendant Dodger Theatricals Ltd. ("Dodger") the exclusive right to develop, produce and present the live stage production of Jersey Boys, as reflected in a production agreement dated May 1, 2004 and fully executed on or around October 12, 2005 (hereafter the "Production Agreement"). This transfer of rights included rights Dodger obtained from third parties, including rights obtained under the agreement that Frankie Valli, Robert Gaudio, Nicholas Macioci, and Thomas DeVito executed some time in 1999 (hereafter the "1999 Agreement").
c. Attached as an exhibit to the Production Agreement was the 1999 Agreement. (Plaintiff's Trial Exhibit No. 163.) The 1999 Agreement lapsed on December 10, 2004.
3. Among other things, the 1999 Agreement conveyed certain life rights, including the right to use name, likeness and biographies (from whatever sources) of Messrs. Massi and DeVito to Messrs. Valli and Gaudio, in connection with the creation of Jersey Boys. The rights transferred by Mr. DeVito pursuant to the 1999 Agreement reverted back to Mr. DeVito on December 10, 2004, when the 1999 Agreement lapsed.
4. Sometime after the paid public performances of Jersey Boys began on Broadway in October 2005, Dodger (or its licensee) has paid, and continues to make payments to Mr. DeVito derived from the amount or percentage stated in the 1999 Agreement.
IT IS SO STIPULATED:
IS SO ORDERED.
