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Judge X’s out 2 of Kaye’s motions, one of DGA’s

Pregerson finds guild's 'arguments are not persuasive' for denying representation

A federal judge has granted the Directors Guild of America’s motion to dismiss two of the seven key allegations contained in a lawsuit filed by “American History X” helmer Tony Kaye. But the judge also denied the DGA’s request on one of the allegations.

In a ruling dated Dec. 9, U.S. District Court Judge Dean D. Pregerson found the DGA’s “arguments are not persuasive” as to Kaye being denied proper representation during an arbitration hearing on Kaye’s request to have his name removed from the credits.

Pregerson sided with the DGA as to Kaye’s allegations that the guild had breached its own agreement as well as violating Kaye’s First, Fifth and Fourteenth Amendment rights.

Kaye filed a $200 million suit over “X” last year. The British director claims New Line Cinemas and the DGA rigged the arbitration and hearing and refused to let him use his choice of pseudonym.

A DGA spokesman said Kaye refused the usual “Alan Smithee” pseudonym and insisted on using the name “Humpty Dumpty” in the film’s credits.

Kaye’s camp claimed Pregerson’s ruling was a victory. “The DGA was more concerned about serving the producers than protecting its members,” attorney Mark Lane said in a statement.

A DGA spokesman said Pregerson’s ruling was not an evaluation of the merits of Kaye’s case, only a decision as to whether the discovery phase of the case could proceed.

“The specific allegations he makes will be disproved in court,” the spokesman said.

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