Attorneys for writer Art Buchwald and producer Alain Bernheim Feb.7 issued a filing in Superior Court opposing an earlier request by Paramount attorneys to reopen trial proceedings in the “Coming To America” dispute.
“Paramount… is… stubbornly refusing to live with the record it created and with the judicial decision which that record – and the law – compelled,” said the 11-page response filed by Pierce O’Donnell and Zazi Pope of Kaye, Scholer, Fierman, Hays & Handler.
“Paramount is playing games with the court by attempting to rewrite the procedural history of this case to gain an unfair tactical advantage on appeal.”
Calling Par’s filing “very much a stonewalling tactic,” Pope said the Buchwald camp’s new document was filed to assert that Judge Harvey Schneider’s Dec. 21 ruling “should stand as it is, and we should proceed to the third phase. He should calculate the amount of damages, we should get a final judgment and if Paramount wants to appeal it they can.”
Pope said a conference to discuss the next phase of the trial was to take place with the judge Feb. 11 in L.A. Superior Court.
Paramount is seeking an opportunity to present further evidence in the studio’s behalf based on a stipulation in Schneider’s tentative decision of Dec. 21 that “expressly reserves for a latter phase of the trial any individualized defense of any contested contract provision that may be found unconscionable.”