William Richert

“Throughout history it has been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it mattered, that has made it possible for evil to triumph.” Halle Salassie

Sunday, August 5, 2012




From:

LEAD PLAINTIFF WILLIAM RICHERT,
WILLIAM RICHERT VS
WRITERS GUILD OF AMERICA, et. al.

richertwilliam@mac.com


                           SUPERIOR COURT OF THE STATE OF CALIFORNIA
                        COUNTY OF LOS ANGELES – CENTRAL CIVIL WEST

                                                                                


                                                                        CASE NO:  BC339972

DECLARATION OF WILLIAM RICHERT -  PLAINTIFF’S OPPOSITON TO ATTORNEY’S MOTION FOR ADDITIONAL FEES

Hearing:  
Date:       August 9, 2012
Time:      9:30 AM
Place:      Dept 311

Action filed:  Sept. 16, 2005

FILED LA SUPERIOR COURT
AUGUST 3, 2012


TO:  ATTORNEYS FOR DEFENDANT AND PLAINTIFF


HONORABLE JOHN SHEPARD WILEY JR.
DEPT 311
LA SUPERIOR COURT
600 Commonwealth Avenue
Los Angeles, California

via email and Hand Delivery

cc: "All American writers" represented in this lawsuit.

cc: Counsel Neville Johnson & Paul Kiesel for Plaintiff and Tony Segall for WGAw

RE: CLASS REPRESENTATIVE WILLIAM RICHERT RESPECTFULLY ASKS COURT TO DENY COUNSEL'S MOTION FOR ADDITIONAL FEES.

REQUESTS LAWYER'S NEWEST FUNDS BE HELD FOR CLASS TO PAY FOR NEW ACCOUNTING/REVIEW AND INDEPENDENT COUNSEL OVERSIGHT IN BREACHED SETTLEMENT.


Dear Judge Wiley,

Your honor, as you know I am the Lead Plaintiff in a class action lawsuit filed on behalf of non-union free American writers against the Writer's Guild of America, Inc., a non-profit corporation.

During the course of this 7-year litigation I have become the certified representative for both union and non-union writers in tiny towns and places all across America.

I also came to represent all 19,500 WGA members who today find themselves bound "forever" to the settlement terms because I was falsely presented to the courts as a member "Emeritus In Arrears," a category invented for me by the union, which I never was.

There is no other writer among the named plaintiffs.

I am duty bound by Congressional mandate to act as "Citizens Attorney General" for each and every one of my class.

Ethically, I must inform the court about matters that have not been presented to the Judge: willful, serious omissions that deserve the court's attention and remedies:

1.)            ON JANUARY 10 2012 Defendant WGAw corporation and its Board of Directors misled Judge West in Dept. 311 by saying there was an acceptable audit in settlement, placed on the wga.org website. Our lawyers did not tell the Judge that the auditors themselves say the website document is NOT AN AUDIT, and cannot be used by anybody except the WGA itself, thus deceiving the court and writer class into believing the lawsuit is satisfied. Both the writer’s class counsel and defendant’s counsel put forth this audit knowing it was not an audit and could not be used as an audit.

2.)            Significantly, and only just discovered in DGA documents, a new “second set of books” has been disclosed, pinpointing yearly audits of foreign levies for WGA, SAG and DGA along with the MPAA studios dating back to 2006.  It appears that throughout all these years of courtroom litigation for an audit, the guilds and attorneys concealed he existence of an annual ongoing $70,558 PKF "Tri Guild Audit", an audit paid for by the studios which might provide startling new evidence of actual amounts involved in the lawsuits, an audit of the money belonging to the writer class that the class deserves to examine since the only audit given after all these yeas is a NOT AUDIT and can't be used as an accounting for the millions "disappeared.”

3.)            The annual "review" on the WGAw website is also bogus and consists of only one page, and the small print states, brazenly and unbelievably, that the audit is taken from the same KMPG numbers provided entirely by the same WGA people accused of embezzlement; thus in no way can this one page document be used to verify class accounting demands under the settlement.

4.)            In the May 16 hearing Neville Johnson revealed for the first time that the foreign levy amount collected by the WGAw actually 200 million, or almost twice the 104 million the union told the courts and Variety and the class.

5.)            In post-settlement documents the WGA has revealed that 9,360 writers received the just acknowledged 200 million, but offers no proof at all that this happened, how the money was divided, not a single cancelled check.

6.)            Though they were told repeatedly from the bench by Judge West to provide accounting documents and correspondence to the Lead Plaintiff for the class, Neville Johnson and Paul Kiesel and Don Jasko refused, excluding American writers from their lawsuit almost entirely.

7.)            The court should not allow Mr. Johnson again to substitute any non-writer for the position of Lead Plaintiff for “all American writers,” as he and Tony Segall attempted to substitute into the case the daughter of non-writer Pearl Retchin, a class plaintiff who was dead for a year before the court was told.

8.)            As Lead Plaintiff in the case I still have not been provided any accounting at all, and have not been paid the minimum $75,000 owed to me (CAFA) against an estimated $233,000 lost as a result of the embezzlements.  My attorney Paul Kiesl told me that my checks from the WGA would be used as the basis for an in-depth accounting that would apply to all the class. This accounting could be compared to the DGA and SAG accountings for my films throughout all three unions. I relied on Mr. Kiesl’s expertise, as he gives lectures on class actions to LA Superior Court Judges, is a Co Chair of the California Bar and provides ample expertise on class actions procedures. Mr. Kiesl sat with me for three days, during which time he explained in front of witness how Lead Plaintiffs accountings are templates for the class. Because of his promise of a fair and understandable audit, given in front of witnesses, provided with court-sanctioned expert opinion I signed the settlement agreement for the class.

9.)            I have been retaliated against by both the WGAw Executives and Board in false statements to their membership, and by my own lawyers, who filed vexatious tax reports that got me in trouble with the IRS. In his Oct 3 2011 hearing Judge West admonished the WGA to quit any harm to the writer's plaintiff, but my lawyers ignored him and did nothing about it and the WGA harassing behavior continues online.

“THE COURT:  YOU KNOW, THERE’S A LOT OF MYSTERY GOING ON HERE.   AND WE ALL OUGHT TO BE AWARE THAT I’VE GOT SOME CONCERNS.  AND I WANT TO HEAR FROM MR. RICHERT ON THIS ISSUE.” – Judge Carl J. West, May 21, 2008

Your honor, I declare that if the DGA's accounting is "laughable," the WGA brings down the house with its claim that its Board of Directors spent approximately 35 million in "administrative fees” etc., – not to mention attorney and whistle blower fees – an amount exceeding the entire WGAw yearly budget --  to distribute non-union and union foreign levies – not a penny of which belonged to them -- when they were unable to account for any of it until the appearance a “not audit” audit, accompanied by the equally sudden appearance of 200 million after the recent sudden appearance of 104 million -- and all of it a fraction of what actually was collected by unions divided with the studios -- is pure bunk. WGA corruption exposer Eric Hughes’ documents, and Teri Mial’s paid-off employee Whistle blower testimony, show all the accounts to be false.

Therefore, on behalf of the class I represent, I seek a decree that shifts the funds for future attorneys fees to a general fund for the class of writers I represent, so the just-discovered "Tri Guild" accountings can be examined, and new attorneys can be hired to look at the entirety of this settlement action and its aftermath in your courtroom.

Because of these post-settlement revelations, an outside accounting is in the interest of fairness to the millions owed by law to the authors and screenwriters of the 102,00 "titles" the WGA claims to have collected money for, and split with the DGA and studios.

With these revelations since Judge West retired, we discover a large number of artists in plaintiff classes, with the guilds owing money to 102,000 writers and 102,000 directors of those titles and the 500,000 or more actors in the related SAG case; they say they paid it, but as Mr. Hughes puts it, there is “not a shred of evidence.”  -- But sworn evidence of plenty of shredding.



“THE COURT:  THE UNDERLYING GOAL OF THIS SETTLEMENT AND THE COURT’S DETERMINATION THAT IT WAS A FAIR AND REASONBLE SETTLEMENT ON BEHALF OF THE CLASS OF PEOPLE WHO WERE CERTIFIED FOR SETTLEMENT PURPOSES AND WHO ARE BENEFITTING FROM THIS SETTLEMENT:  IS THAT THERE WOULD BE A MORE TRANSPARENT AND OPEN ACCOUNTING OF COLLECTIONS AND DISTRIBUTIONS.”  Judge Carl J. West, Dept 311, Jan 10, 2012


As "Citizen Attorney General" for my class of American writers, I plead that your honor will assist this plaintiff by enacting the following motions in the interests of fairness, justice and transparency:

MOTION TO DENY ATTORNEY FEES TO CLASS LAWYERS in the August 9, 2012 hearing until the court is satisfied the writer class plaintiff has funds to hire a lawyer equal to the super-lawyers so the writer-plaintiff can adequately defend the class against further theft, "Both federal and California courts have held that, when the ethical violation in question is a conflict of interest between the attorney and the client, the appropriate fee for the attorney in question is zero." -- letter to Judge Highberger re fraud on LA Superior court.


MOTION TO COMPEL DEFENDANT DGA, ITS CFO AND PRESIDENT AND BOARD OF DIRECTORS TO PROVIDE ALL PKF STUDIO AUDITS IN ITS POSSESSION RELATING TO THE WGAW FOREIGN LEVY LAWSUIT, INCLUDING AUDIT OF WITH MAJOR STUDIOS TO VERIFY AMOUNTS. The class should not be the out and out loser in a class action if the action has merit and is sound. The class is entitled to simple transparency in all audits which relate to money which was collected illegally for thousands of unsuspecting free writers and writers not hired by studios. It is in the most urgent interest of the class to know how much of their money was given to the studios, and to each of the unions, and how much actually received from this settlement.

MOTION FOR WRIT OF MANDATE TO COMPEL WGA TO PROVIDE WRITER CLASS COPIES OF WGAW"TRI STATE" AUDITS SHOWING WHERE THE FOREIGN LEVY MONEY DISAPPEARED. The settlements do not release claims against the WGAw for splitting with studios outside the collective bargaining agreement; the settlements do not settle any future claims from non-union American actors OR union American directors. The Board of Directors are basically withholding evidence.

MOTION TO COMPEL COPIES OF DOCUMENTS, ACCOUNTINGS AND EMAILS BETWEEN CONSULTANT DONALD JASKO AND WGAW et. al. CFO DON GOR BE GIVEN TO THE WRITER CLASS. Donald Jasko asked me specifically for copies of checks I got from the WGA that did not match the DGA; I did not know it was just to keep me quiet, and he had no intention of using them.

MOTION TO COMPEL ACCOUNTING FOR LEAD PLAINTIFF WILLIAM RICHERT AS TEMPLATE FOR THE CLASS, AS PROMISED by counsel Paul Kiesl before signing the settlement, specifically the titles “Law and Disorder,” “The Happy Hooker,” “Success,” “Winter Kills,” and “The Night in the Life of Jimmy Reardon,” “The Man In The Iron Mask,” years 1974-2012.

MOTION TO COMPEL WGAw to provide copies of its settlement documents to states attorneys-general and Federal authorities as provided by law, since the affected are from all states.

MOTION TO DEMAND NEVILLE JOHNSON AND WGAW CEASE RETALIATION AGAINST NAMED PLAINTIFF, as the WGAw puts false statements about me on its website and to letters to its members, and Neville Johnson purposefully filed misleading tax information to the IRS causing me tax burdens. No class representative should have to fear retribution or bad-mouthing from the defendant or his own lawyers.

I have been threatened to be dumped roadside, and blacklisted, and other things during this confrontational litigation with my former union, who claim I am a member when they need the association and then deny it in emails to their members when they don't.

                                BACKGROUND AND AUTHORITY


Neville Johnson told the LA Daily Journal that he was the mastermind of the “3 sister” foreign levy lawsuits in 2005, drawing upon his existing clients as Lead Plaintiffs.

I was such a client at the time, with my jury award the highest he ever got, almost 15 million. Mr. Johnson knew I’d publicly stated that the WGAw was corrupt from having my credit for THE AMERICAN PRESIDENT/WEST WING given to another writer without due process or transparency just the way Mr. Johnson described the way the guild concealed millions in undistributed funds for unnamed non-union writers the guild divided with the studios in a long-running kind of mutual extortion.

The real force behind Neville Johnson's lawsuits was Eric Hughes, screenwriter of "Against All Odds" and "White Knights."  It was Eric Hughes, WGA presidential candidate running against corrupt credit arbitration in the WGA, who obtained insider documents from whistle blower Teri Mial, paid six-figures herself to keep quiet in this lawsuit.  And it was Eric Hughes who introduced Mial to Mr. Johnson, and who showed Mr. Johnson, along with me and other prominent journalists, just what the corruption looked like on paper.

Mr. Johnson was essentially a copyist of Mr. Hughes' written allegations used by his firm Johnson & Rishwain for their original complaints of fraud and other things against all three Hollywood “labor” guilds.

We ask the court to demand that documents held by Mr. Hughes be given to the class. Mr. Hughes owes it to the writers, actors and directors to provide copies of evidence that rightfully belongs to them, and which can eliminate instantly, with publication of names and amounts, all doubt about who did what, and can provide immediate finality to this class litigation.  

However, far more significant to this breached settlement, a game changer, is the discovery from new statements by the DGA that the unions and studios have actually been covertly doing audits all this time.  This means that all during years of lengthy courtroom hearings for the DGA, WGA and SAG since the lawsuit was filed in 2005, the lawyers kept quiet.  Now we see proof positive how all foreign levies were all audited by the studios and themselves since maybe as early as 2003 in what the CFO of the DGA calls "Tri Guild Foreign Levy Audits."  

It would be a public sham to continue hearings in court to get something already got.

It is iconic misdirection among 19+ lawyers for the unions who appeared for these guilds in court during the past 7 years and never mentioned they already had what the class was looking for:  an audit; evidence of a billion-dollar secret royalty split between the unions and studios approved by nobody among the free Americans in my class, whose money it actually was/is, and who could use it today.

BIG STORY, BIG PLAYERS

This could only happen in Hollywood, where a whisper can sink a ship of a career.  Where unions have meetings with both writers and young video dancers with teamsters in tow.  Intimidation is rampant, your honor should know.

Once I discovered Mr. Johnson, and next Mr. Keisl, were ready to sell out the rights of American writers for their personal and corporate profits, that they were essentially profiteering on Superior Court litigation without regard for the greater long term rights of the writers who are their clients, I became in direct conflict with my lawyers while standing in place as lead plaintiff, and I am standing still, for I have not surrendered the original goal of the case: a true accounting and payout and end to unethical behavior.

I attach a "disappeared" check signed by Patric Verrone made out to the poet Bukowski, a fellow class member.

Mr. Johnson tells each judge about how weak and unorganized our related cases for writers, directors and actors are; tells each judge he/she is our only hope, but that's because Neville Johnson is not doing his job, as it is not the Judge's job to act as advocate for the lawyer's underdog in a lawsuit.

The lawyers for both sides in this case purport to represent writers and artists, but none of them really do.

The true facts and true movers have been concealed from Dept. 311, from both you and Judge West before you, and Judge Morrow before that in Federal court.

The court transcript of January 10, before he retired, shows Judge West believed both sides when he was told an "audit" had been placed on the WGAw website. His sudden retirement meant he never saw the one page NOT AN AUDIT that Mr. Johnson and Mr. Kiesel and Mr. Segall told him gave settlement finality to the RICHERT VS. WGAw lawsuit.

At Judge West’s last hearing in Dept. 311, January 10, 2012, which I couldn’t attend because I wasn’t told about it, Judge West did say to Messrs. Johnson and Schecter: "I don't want the two of you in front of me any more. It doesn't do any good,” and “I know enough to be dangerous.”

Judge West said if it had his name on it, "it has to be right."

Before telling Judge West the audit was on the WGAw website, Neville Johnson claimed that the settlement was in material breach; only a large payment to Donald Jasko changed that, along with fees yet to be paid to Neville Johnson.  But for these payments, the settlement is still in breach.

I don't claim copyright but my name is on this lawsuit and I've known some great writers who deserve my sticking to our rights, even if I am threatened with expulsion from the writer's lawsuit in favor of lawyers. A case brought on behalf of writers should have a writer in it.

SOLIDARITY OF CORRUPTION

It is absurd to have the accused corporation offer its own accounting without strict oversight, or any oversight. Having the WGAw review its own review is like a joke; a "Not Audit" is not acceptable to settle a lawsuit except for suckers, and putting numbers from a "not audit" up on the wga.org website as an "one-time review" with an “annual review” consisting of 3 lines is offensive and insulting to my class.

I still have not gotten any form of accounting for my own foreign levies owed and interest bearing dating back to 1974. Please show us the stubbs.

Besides being useless to the class, the accounting is AICA, not GAAP; another breach.

ACCOUNTING NOT PERFORMED ACCORDING TO GENERAL ACCOUNTING PRINCIPLES AS REQUIRED IN SETTLEMENT

The startling figure 200 million entered into the record by Neville Johnson is double what was reported only months ago by the WGA to Variety.  Where’d it come from?  We need to know, your honor. 

Now suddenly, the WGAw says it paid out 21 million dollars to its members/non members in the single year 2011. This single amount is 20% of what the union claims to have paid out over the past 20 years -- and this year the lowest in DVD sales since the past decade or so -- how does this add up?

In fact, the WGA claims it collected 85 million dollars plus 1,323,149 “interest/income” for members and free writers nationwide since 2007, more than in all the years from 1992-2007, when DVD sales were ballooning.

WGAw Board claims it distributed 21 million to members this year.  In the past 20 years they charged 35+ million in “fees” to do all this “administration,” but cannot produce a single canceled check in evidence.

How can the WGAw charge its members roughly one-quarter of what it collected for "administrative" fees when it can't show it administered anything, when it has to hire an outside firm for an audit amazingly limited and confined to numbers only they offer, and nothing more?

How can the lawyers from several firms keep billing the same writers in all cases millions in fees without producing a single accounting of merit?  In fact, hiding the audit that really does exist.

In the hearing before you on May 16 in Dept 311, where this case has been for years, the WGA counsel is silent when Neville Johnson suddenly pops up with an extra 100 million.

The Lead Plaintiff is obliged to protest. The court should look at the 2007 WGAw accounting, given under oath, which both duplicates and contradicts the KMPG report.

The KMPG-WGAw accounting, approved by its Board of Directors to settle a case for fraud, doesn't compute, add up, or make sense. It's a big lie.

That means the Boards of Directors and Executives at 3 major guilds handling the money of thousands of people are untrustworthy.

THE BREACHED SETTLEMENT WITHOUT COMPLIANCE GIVES WGAw/MPAA STUDIOS  ECONOMIC CONTROLS OVER U.S. WRITERS NATIONWIDE UNLESS THE CLASS SAYS FOUL AND THE COURT ALLOWS THE CLASS TO SPEAK.

The WGAW has concealed facts about writers’ credits and income before.

It was the writer's guild union who blacklisted hundreds of great American screenwriters, their own colleagues, putting them out of work for years, a long list of names also due foreign levies, if living; otherwise, their heirs.

This Hollywood union/studio combo are seeking to control piracy on the internet, when they are pirates themselves with American foreign royalties and copyrights.

The guilds and studios have "organized' the collection of foreign royalties for all American artists, and they have done so in secret, illegally.

American writers and artists should know that there is a huge database with their names and financial information on it, as many as 700,000 citizens, a database they cannot access.

The WGA/MPAA should not be in possession of that database – U.S. citizens’ social security numbers and addresses and tax ID’s – which will soon number in the millions as more and more independent filmmakers sell their work abroad over the internet and other places. 

Unions so ostentatiously corrupt should not have access to this information so as to seize it as a “mailing list” ripe for exploitation.

WGAw claims the 2007 strike gives the union jurisdiction over the Internet for any thing that moves, saying if it moves it must be written, and they control it.

The WGAw refers to writers who write without a union or new media contract with them as “scabs.”

“THE COURT:  I GUESS I HAVE REAL CONCERNS ABOUT HOW ALL THESE NEGOTIATIONS AND MEDIATIONS WERE TAKING PLACE WITH NO LIVING CLASS REPRESENTATIVE FOR ONE OF THE SUPP. CLASSES. THAT'S A PROBLEM.
I HAVE A QUESTION REGARDING THE ABILITY OF CLASS COUNSEL TO CONTINUE TO REPRESENT THE INTERESTS OF THE CLASS AT THIS JUNCTURE GIVEN THE INFORMATION THAT HAS BEEN PLACED BEFORE THE COURT.”  Judge Carl J. West, Dept 311, March 23, 2009

Paul Kiesl, who induced me with his knowledge of facts and law (in front of 2 witnesses) to sign this settlement on behalf of my class, did not attend the May 16 hearing, perhaps because he was out raising 660 million in emergency funding for the LA Superior Court system.  That amount may have been lost to the LA tax base during the 2.9 billion WGA strike in 2007, which still hurts, led by the same Board who gave the KMPG accounting.

Your honor clerked with Justice Powell who vigorously promoted the idea of corporations having the same rights as individuals -- and it ought to work both ways.

If corporations have the same rights as individuals, as Chief Justice Powell believed, they have the same obligations for honesty and fair dealing, and ought not use their lopsided power, as in LA, where unions and studios possess vastly superior resources and hidden agreements dating back years. If their rights Trump ours, and they as “corporate individuals” are protected over my class and me as an non-corporate individual in your courtroom, my class action is doomed.

Individuals cannot fight major corporations alone, which is why class actions were created.  Of course the court knows that, you handle class actions routinely.

I am not be able to afford a lawyer on my writer's income, esp. now that the WGAw has stopped sending me residuals and levy checks altogether as a result of this litigation.

LAWYER CLIENT CONFLICT WHEN CLIENT REPRESENTS A LARGE CLASS

Some legalists have told me to contact the Bar about Neville Johnson and Paul Kiesl, but it's quicker to just email Mr. Kiesl as he is Co-Chair of the California bar.

Eric Hughes did complain to the bar, which found the fact Mr. Kiesel didn’t associate himself into the case was problematical, as Mr. Kiesl already knows.

CALIFORNIA CODE OF JUDICAL ETHICS: (1) A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment, nor shall a judge convey or permit others to convey the impression that any individual is in a special position to influence the judge.


Also I feel obliged to say, as the only writer court-certified to represent my class that your honor’s remarks to me on first sight when I raised my hand to speak in protest after Neville Johnson said my case was "settled" when I say no -- when you advised me this was “not a town hall” “or a therapy meeting” -- as if I were a hothead or a nutcase -- and later when you said in front of me that these lawyers sitting in front of me were such that “every law school student in the country would like to be like you” -- and especially when you told me that my lawyers were "famous," implying I was not,  and maybe for some faulty reason I was not -- these statements from your authority, which are absolute, made me think I should complain to the Commission of Judges for fair dealing with all parties in a lawsuit -- as to whether you showed bias towards a Lead Plaintiff in a class action lawsuit in favor of lawyers --but as in the case of my lawyers, I may as well just state my concerns to you here directly, respectfully, and ask you as a member of the California’s Commission on Judicial Ethics Opinions to consider the pain of my humiliation in court.

You honor must be aware that you are highly regarded as a brilliant legal mind in article after article about Judges on the Internet, and so your initial opinion of me is even more damaging and I plead with the court to remember:

(8)…A JUDGE SHALL MANAGE THE COURTROOM IN A MANNER THAT PROVIDES ALL LITIGANTS THE OPPORTINITY TO HAVE THEIR MATTERS FAIRLY ADJUDICATED IN ACCORDANCE WITH THE LAW.
COMENTARY:  …A judge should encourage and seek to facilitate settlement, but parties should not feel coerced into surrendering their right to have their controversy resolved by the courts.”

This class action is not about coupons or consumers, it is about creators and copyrights and human rights, each and every artist involved is different, and that is one of their similarities as a class.  No assembly line here.

As artists, they have a right to know if their work is shown abroad, indeed shown anywhere, and they have the right to be assured their accountings are transparent and honest.

I figure the combo lawyers have made millions off the defendants in these cases so far.

At the hearing for attorney fees on August 9, if your honor could move a little cash -- which comes from writers anyhow -- to the other side of the table -- it would mean we could pay for a true accounting, a great leap towards justice for as 700,000 Americans.

Like Neville Johnson, I concur that history will be made in your courtroom, only not in Mr. Johnson’s way.

We shall do all in our power to make sure this settlement is not an out and out loss for the freedom of artists in America, a Hollywood snuff job for our civil rights and economic rights as free writers and artists in a free nation.

Sincerely,

William Richert
Lead Plaintiff
WILLIAM RICHERT VS
WRITERS GUILD OF AMERICA et al
4 EXHIBITS:





Thursday, June 28, 2012

WRITER ADDRESSES JUDGE FOR THE CLASS


CASE NUMBER:            BC339972
CASE NAME:  WILLIAM RICHERT VS. WRITERS
GUILD OF AMERICA WEST, INC.
LOS ANGELES, CALIFORNIA   MONDAY, MARCH 23, 2009
DEPARTMENT NO. 311 HON. CARL J. WEST, JUDGE
APPEARANCES: (AS NOTED ON TITLE PAGE.)
REPORTER:    WANDA GRAY, CSR NO. 7675, RPR
TIME:   10:00 A.M.
THE COURT: IN THE RICHERT VERSUS WGA CASE, WE HAVE A MATTER ON CALENDAR TODAY. IT WAS CAPTIONED AS AN APPLICATION TO EFFECT A DISMISSAL OF THE CLAIMS OF
MR. RICHERT AND THE SUBSTITUTION OF A PLAINTIFF FOR A DECEASED CLASS REPRESENTATIVE.
I RECEIVED A COPY OF MR. RICHERT'S OPPOSITION THAT WAS SERVED ON FRIDAY. WE'VE GOT A MESS HERE, AND I WOULD LIKE TO HELP YOU SOLVE THIS PROBLEM, BUT I'M NOT SURE JUST HOW WE'RE GOING TO DO IT. WE'RE NOT GOING TO DO IT ON THE APPLICATION. MR. RICHERT NOW IS THE CLASS REPRESENTATIVE, DESIRES NOT TO IN EFFECT BE RELIEVED OF THAT RESPONSIBILITY
AND WANTS TO STAY IN THIS CASE.
MONTHS AGO -- AND I WENT BACK. THIS SETTLEMENT CONCEPT HAS BEEN PERCOLATING SINCE JUNE OF LAST YEAR. WE HAD A MOTION WHERE YOU, MR. JOHNSON, SOUGHT TO BE RELIEVED. WE PUT THAT OVER TO TRY AND ACCOMMODATE THE PRACTICALITIES OF WHAT THAT WOULD MEAN. I'M NOT SURE WHERE TO GO. LET ME GIVE YOU THE COMMENTS I HAVE, AND THEN YOU ALL CAN GIVE ME YOUR SUGGESTIONS ON WHAT YOU THINK WE OUGHT TO DO
MR. JOHNSON: WHY DON'T WE DO APPEARANCES.
THE COURT: WELL, I KNOW MR. RICHERT IS PRESENT. YOUR APPEARANCES WILL BE NOTED ON THE MINUTE ORDER, BUT YOU CAN ANNOUNCE YOUR APPEARANCES.
MR. JOHNSON: I ALWAYS SEEM TO DO IT WHENEVER I GO TO COURT. I DON'T HAVE TO. THAT'S FINE.
THE COURT: WE DON'T USUALLY DO THAT HERE, AND WE NOTE THE APPEARANCES. MR. RICHERT IS PRESENT IN COURT. I'LL NOTE THAT FOR THE RECORD, AND CLASS COUNSEL IS PRESENT AND COUNSEL FOR THE WRITERS GUILD.
I DON'T THINK I CAN GRANT THE RELIEF REQUESTED ON THE APPLICATION THAT'S PENDING, PARTICULARLY IN VIEW OF THE OBJECTIONS FILED BY MR. RICHERT.
UPON THE DEATH OF THE CLASS REPRESENTATIVE, I THINK, MR. JOHNSON, YOU HAD AN OBLIGATION TO INFORM THE COURT THAT YOU NO LONGER HAD A CLASS REPRESENTATIVE, AND I GUESS I HAVE REAL CONCERNS ABOUT HOW ALL THESE NEGOTIATIONS AND MEDIATIONS WERE TAKING PLACE WITH NO LIVING CLASS REPRESENTATIVE FOR ONE OF THE SUPP. CLASSES. THAT'S A PROBLEM.
I HAVE A QUESTION REGARDING THE ABILITY OF CLASS COUNSEL TO CONTINUE TO REPRESENT THE INTERESTS OF THE CLASS AT THIS JUNCTURE GIVEN THE INFORMATION THAT HAS BEEN PLACED BEFORE THE COURT.
I HAVE AN ISSUE REGARDING MR. RICHERT'S CONTINUATION AS A CLASS REPRESENTATIVE. IF HE'S TO CONTINUE, HE'S GOING TO HAVE TO OBTAIN COUNSEL. THE COURT WILL HAVE TO APPROVE SUBSTITUTE CLASS COUNSEL.
WE HAVE REPRESENTATIONS MADE IN THE MOTION TO BE RELIEVED WHICH WAS PREVIOUSLY PUT BEFORE THE COURT THAT THERE'S BEEN A BREAKDOWN OF THE RELATIONSHIP BETWEEN CLASS COUNSEL AND MR. RICHERT.
THAT CREATES A NUMBER OF PROBLEMS, ALL OF WHICH I THINK HAVE TO BE RESOLVED ON A FAIRLY FORMAL PROCESS. I CAN'T JUST DO IT INFORMALLY OR SAY -- WAVE MY MAGIC GAVEL AND SAY, HERE'S WHAT WE DO. I NEED TO HAVE MOTIONS. I NEED TO HAVE A SHOWING.
WE HAVE A NUMBER OF CLASS MEMBERS THAT HAVE A RIGHT TO HAVE THIS PROCESS BE FAIRLY TRANSPARENT AND KNOW WHAT'S GOING ON. THERE'S ALSO AN ISSUE REGARDING THE SUBSTITUTION OF NEW CLASS REPRESENTATIVES FOR MISS RETCHIN, WHO IS DECEASED AND APPARENTLY PASSED AWAY IN JUNE OF LAST YEAR.
I CAN'T JUST SUBSTITUTE TWO NEW HEIRS. I NEED TO HAVE SOME DOCUMENTATION, AN APPLICATION TO SUBSTITUTE A NEW CLASS REPRESENTATIVE. I HAVE TO GO THROUGH AND MAKE FINDINGS AS TO THE SUITABILITY OF THOSE INDIVIDUALS TO SERVE AS CLASS REPRESENTATIVES. THAT IS ONE OF THE TWO
SUBCLASSES.
AND I GUESS MY NEXT QUESTION IS IN WHOSE NAME HAS THIS PENDING SETTLEMENT BEEN NEGOTIATED. I'VE BEEN REASSURED THAT WE'RE WORKING ON THE DOCUMENTATION. WE'RE FINALIZING ALL THESE THINGS. WHO'S BEEN AT THE HELM? IS MISS JAMISON STILL IN AS THE REPRESENTATIVE FOR THE NON-WGA MEMBERS?
MR. KURTZ: YES, YOUR HONOR. AND IF IT HELPS TO CLEAR
THINGS UP, YOUR HONOR, THE NEGOTIATION OVER THE SETTLEMENT DOES NOT PERCEIVE A CLASS DEFINITION THAT WAS SET OUT IN THE COURT'S ORDER CERTIFYING THE CLASS. IT SETS OUT MORE OF A BROADER, GENERAL DEFINITION AS ALLEGED IN THE COMPLAINT WHERE IT'S ONE DEFINITION OF ALL WRITERS FOR WHOM THE WGA HAS RECEIVED FOREIGN LEVY MONIES, AND THAT INCLUDES MEMBERS, NON-MEMBERS.
SO, YES, MISS JAMISON HAS BEEN PARTICIPATING AS A CLASS REPRESENTATIVE, SO HAS MISS FElL RETCHIN. SHE HAS BEEN ACTUALLY PARTICIPATING TO A CERTAIN EXTENT FROM THE VERY BEGINNING OF MISS PEARL RETCHIN BEING IN THE CASE AS HER DAUGHTER. SO SHE'S VERY INTIMATELY FAMILIAR WITH THE CASE AND SINCE HER MOTHER'S PASSING HAS BEEN EVEN MORE INVOLVED WITH THE CASE.
THE COURT: HOW COULD THIS POSSIBLY HAVE GONE FORWARD.
COUNSEL HAS AN OBLIGATION IF THE CLASS REPRESENTATIVE IS DECEASED, YOU CAN'T INFORMALLY JUST PICK SOMEBODY TO CARRY THE BALL. THE COURT HAS TO APPROVE ANY SUBSTITUTE REPRESENTATIVE. I HAVE TO MAKE FINDINGS THAT THEY'RE A SUITABLE REPRESENTATIVE, THAT THEY ARE CAPABLE OF PURSUING
THE INTERESTS OF THE CLASS.
I'VE HAD IT REPRESENTED TO ME REPEATEDLY SINCE JUNE OF LAST YEAR THAT WE'RE IN NEGOTIATIONS. WE'RE CLOSE TO A SETTLEMENT. I HAVE NEVER SEEN ANY DOCUMENTATION OF ANY OF THIS SETTLEMENT. IT'S BEEN KEPT -- BASICALLY JUST HASN'T BEEN FILED BECAUSE OTHER ISSUES KEPT COMING UP, BUT I HAVE SERIOUS CONCERNS ABOUT THE WAY THIS HAS BEEN DONE.
I'M WILLING TO WORK WITH YOU. I KNOW YOU,
MR. KURTZ AND MR. JOHNSON. YOU ARE GOOD LAWYERS. I'M SURE YOU HAVE NOT DONE ANYTHING UNTOWARD INTENTIONALLY, BUT IT JUST HAS A BAD LOOK TO IT, AND I'M VERY CONCERNED ABOUT WHAT'S COMING UP HERE.
MR. RICHERT, YOU HAD SOMETHING YOU WANTED TO ADD.
MR. RICHERT: WELL, I WANTED TO ALSO SAY THAT I SPOKE TO ANN JAMISON, AND SHE HADN'T TALKED TO ANY OF THESE LAWYERS IN YEARS. THE LAST TIME I TALKED TO HER WAS PROBABLY SIX MONTHS AGO, AND ALSO SHE DOES NOT REPRESENT NON-MEMBERS, YOUR HONOR. HER FATHER, PHANE WILLIAMSON, WAS WRITING IN THE 1930'S, AND HE WAS A NON-MEMBER WRITER, BUT SHE'S HIS DAUGHTER.
THE COURT: I UNDERSTAND THAT, SIR.
MR. RICHERT: SO SHE'S NOT A NON-MEMBER WRITER AS I WAS TOLD SO THAT SHE COULD, YOU KNOW -- BECAUSE I HAD TALKED TO MR. JOHNSON WHO ALWAYS TOLD ME THERE WERE OTHER PEOPLE TO REPLACE ME IF I WERE TO WITHDRAW, BUT I SEE THAT THERE WEREN'T REALLY ANYBODY WHO WAS A WRITER WITH MY CREDENTIALS, YOU MIGHT SAY.
THE COURT: WHEN THE COURT'S ORDER CERTIFYING THE
CLASSES AND IDENTIFYING THREE SUBCLASSES IDENTIFIED
MISS JAMISON AS THE REPRESENTATIVE, FOR THOSE ENTITLED TO FOREIGN LEVIES WHO ARE NOT NOW NOR HAVE BEEN MEMBERS OF THE WGA.
MR. RICHERT: AS A WRITER, YOUR HONOR. PEARL RETCHIN WAS REPRESENTING THE OTHER HEIRS. AS I UNDERSTAND IT -­ THE COURT: I UNDERSTAND THAT. I HAVE AN ORDER, AND I'M READING FROM MY ORDER. SO MISS JAMISON WAS THE
DESIGNATED REPRESENTATIVE.
NOW HAVE YOU BEEN DEALING WITH MISS JAMISON AND HAS SHE BEEN ENGAGED IN THE NEGOTIATIONS WITH THE WGA AND THE MEDIATOR, OR AS MR. RICHERT SAYS, SHE HASN'T HEARD FROM YOU IN MONTHS. WHAT'S THE STORY HERE?
MR. KURTZ: WELL, FRANKLY, YOUR HONOR, I DON'T KNOW WHERE THAT'S COMING FROM. WE'VE BEEN IN CONTACT WITH ALL THE CLASS REPRESENTATIVES, OBVIOUSLY WITH MR. RICHERT AND NOW WITH MISS FElL RETCHIN AND MISS JAMISON. THEY WERE ALL INFORMED OF THE MEDIATION.
ONE OF THE MEDIATIONS MR. RICHERT SPECIFICALLY OBJECTED TO AND DID NOT APPEAR, AND UNFORTUNATELY THE OTHER TWO CLASS REPRESENTATIVES, THEY OBVIOUSLY KNEW OF IT BUT THEY COULD NOT APPEAR. THEY WERE BOTH OUT OF TOWN.
MR. RICHERT: THEY WERE AVAILABLE BY PHONE.
MR. KURTZ: BUT THEY WERE AVAILABLE BY PHONE FOR MEDIATION.
MR. JOHNSON: MAY I SAY ONE THING ABOUT MR. RICHERT.
MR. RICHERT, AS YOU WILL RECALL AT THE LAST HEARING, WENT OUT AND ENGAGED OTHER COUNSEL IN THE CASE. I HAD EXTENSIVE
DISCUSSIONS WITH HIS OTHER COUNSEL ABOUT THE APPROPRIATENESS OF THE SETTLEMENT, THAT COUNSEL CAME OUT TO CALIFORNIA, MET WITH HIM, WENT OVER ALL OF IT, CALLED ME UP AND SAID, OKAY. IT'S ALL RIGHT. I TOTALLY UNDERSTOOD.
MR. RICHERT KNEW EXACTLY WHAT WAS HAPPENING AT ALL TIMES, AND, AS YOU KNOW, HE'S BLOWN HOT AND COLD IN THIS CASE WHERE HE'S BEEN WITH ME, HE'S BEEN AGAINST ME, AND, YOU KNOW, FRANKLY, I'M JUST SORT OF FLABBERGASTED AS WHAT
HAPPENED TO HIM LAST FRIDAY, BUT WE'VE DONE EVERYTHING WE CAN TO KEEP HIM INFORMED AND TO DO WHAT'S RIGHT FOR EVERYBODY.
AND THE SETTLEMENT THAT WE WORKED OUT WAS AFTER EXTENSIVE REPEATED MEETINGS. WE STILL HAVEN'T PUT THE -­ DOTTED ALL OF THE I'S BECAUSE WE'RE STILL FIGHTING FOR EVERYBODY, AND WE EFFECTUATED A RESOLUTION THAT'S GOING TO HELP EVERYBODY IN WHAT IS A COMPLETELY DIFFICULT, MESSY, UGLY SITUATION UP TO THIS POINT.
SO IT'S BEEN -- HIS INTERESTS HAVE BEEN COMPLETELY PROTECTED. HE'S JUST UNHAPPY NOW BECAUSE, AS I'VE SAID TO YOU BEFORE, HE HAS -- I DON'T WANT TO SAY ANYTHING AGAINST THE INTEREST OF MY CLIENT RIGHT NOW. I DON'T WANT TO SAY ANYTHING.
THE COURT: I UNDERSTAND THAT, AND I DON'T WANT TO PUT ANYBODY IN AN AWKWARD POSITION, BUT I DO HAVE A RATHER CONVOLUTED RECORD BEFORE ME NOW.
AND, MR. RICHERT, IF YOU HAVE COUNSEL THAT IS REPRESENTING YOU, I WOULD URGE YOU TO GET THAT COUNSEL IN THIS COURTROOM TO STAND UP FOR YOUR INTERESTS BECAUSE I AM
GETTING MIXED MESSAGES FROM YOU. YOU WERE HERE ON JANUARY 15TH. YOU TOLD ME YOU WANTED TO WITHDRAW.
MR. RICHERT: I TOLD --
THE COURT: SO WE NEED TO DECIDE WHICH DIRECTION WE'RE GOING AND HOW WE'RE GOING TO GET THERE.
MR. RICHERT: YOUR HONOR, THAT WAS BEFORE I FIGURED OUT WHAT THIS WAS ALL ABOUT FROM THE BEGINNING. IT WAS NOTHING. THIS IS ONE HAND CLAPPING. THE WRITERS GUILD
REPRESENTS SEVEN PERCENT OF THE MONEY THAT'S BEEN TAKEN FOR THE PAST 20 YEARS.
I FOUND CONTRACTS WITH THE WRITERS GUILD WITH ALL THE MAJOR STUDIOS WHICH HAVE NEVER BEEN GIVEN, AS FAR AS I KNOW, IN EVIDENCE. THE WHOLE SETTLEMENT WAS BASED ON THE WRITERS GUILD CONTENTION THAT THERE WAS SOME KIND OF GERMAN PATENT OFFICE THAT MADE THEM DO THIS, AND THAT IS NOT TRUE.
THE COURT: I DON'T KNOW. THAT'S LIKE A COMMENT FROM OUTER SPACE. YOU'RE MAKING COMMENTS IN YOUR OPPOSITION ABOUT REPRESENTATIONS MADE BY THE WRITERS GUILD. I HAVE NONE OF THAT BEFORE ME.
THE WAY THE COURT OPERATES, WE WORK ON WHAT IS PRESENTED. NOW I'VE BEEN TRYING TO GET AN APPLICATION FOR PRELIMINARY APPROVAL OF THIS PENDING CLASS SETTLEMENT ON FILE FOR SIX MONTHS. THAT APPLICATION WOULD OF NECESSITY PROVIDE ME WITH BACKGROUND AND WITH INFORMATION, AND I'M NOT GOING TO APPROVE A SETTLEMENT THAT HAS OBJECTORS THAT GIVE VIABLE AND CREDIBLE OBJECTIONS THAT I SHOULD CONSIDER OR THAT DOESN'T HAVE THE NECESSARY SUPPORT SHOWING HOW THE SETTLEMENT WAS REACHED AND WHAT WAS DONE.
THAT'S WHAT WE'VE BEEN TRYING TO GET ON THE TABLE FOR MONTHS NOW. WE'VE HAD A NUMBER OF DIFFERENT HURDLES, AND SO I KNOW NOTHING ABOUT IT, AND YOU CAN TALK ABOUT CONTRACTS.
MR. RICHERT: THAT'S WHAT I'M SAYING, YOUR HONOR.
NOBODY IS GIVING YOU THE TRUTHFUL INFORMATION. THIS IS A FRAUD THAT'S GOING ON HERE JUST LIKE THE SUB PRIME MELTDOWNS. I CAN SHOW YOU WHERE IT BEGAN.
J
YOU HAVE NOT BEEN GIVEN -- THE SETTLEMENTS DIDN'T GIVE THE RIGHT INFORMATION. THE PEOPLE INVOLVED IN HELPING MR. JOHNSON ALSO SIGNED THE DEALS WITH THE STUDIOS THAT GAVE THEM -- THE WGA SAID THEY COLLECTED $60,000,000 APPROXIMATELY OVER THE PAST TEN YEARS, BUT THAT'S ONLY SEVEN PERCENT OF THE MONEY THAT SHOULD HAVE GONE TO THE WRITERS THAT THEY PREVENTED THE WRITERS FROM GETTING BECAUSE THEY MAKE SIDE DEALS WITH THE STUDIOS, AND I HAVE THOSE SIDE DEALS, YOUR HONOR, AND THEY HAVE NEVER BEEN GIVEN TO ANYBODY.
THE COURT: WELL, MR. RICHERT, HAVE YOU GIVEN THEM TO MR. JOHNSON?
MR. RICHERT: I GOT THEM FROM MR. JOHNSON. MR. JOHNSON DIDN'T GIVE THEM TO ANYBODY.
MS. LEHENY: THEY WERE PRODUCED IN DISCOVERY. THE COURT: SO THEY'VE BEEN ON THE TABLE.
MR. RICHERT, PART OF THE PROCESS -- YOU SAY THERE'S A FRAUD BEING PERPETRATED ON THIS COURT, THAT THESE AGREEMENTS HAVE NEVER BEEN PUT BEFORE THE COURT. NOTHING HAS BEEN PUT BEFORE THE COURT BECAUSE WE HAVE BEEN STALLED
IN THE PROCESS, AND THE APPLICATION HAS NOT BEEN FILED. I HAVE NOT SEEN THE PROPOSED SETTLEMENT OR THE TERMS, AND I HAVE AN OBLIGATION TO REVIEW THEM WITH THE SUPPORTING DOCUMENTATION THAT WOULD COME IN, AND THEN I'LL LOOK AT IT.
YOU SIT HERE TODAY AS A CLASS REPRESENTATIVE OPPOSED TO THE PENDING SETTLEMENT, AND SO MY GUESS IS EITHER THERE'S GOING TO HAVE TO BE SOME FORMAL MOTION TO OBTAIN COUNSEL THAT CAN ADEQUATELY REPRESENT YOUR INTERESTS
AND THE INTERESTS OF THE CLASS FROM YOUR PERSPECTIVE OR THERE'S GOING TO HAVE TO BE A MOTION TO HAVE YOU REMOVED AS A CLASS REPRESENTATIVE AND ANOTHER CLASS REPRESENTATIVE SUBSTITUTED FOR THE SETTLEMENT CLASS.
I'M NOT COMFORTABLE WITH THE NOTION THAT
MISS JAMISON AND/OR MISS RETCHIN'S DAUGHTER HAS BEEN INVOLVED INFORMALLY SINCE MISS RETCHIN DIED IN JUNE OF LAST YEAR. THIS IS A REAL PROBLEM, AND SO I'M OPEN TO SUGGESTIONS. YOU CAN PUT BEFORE ME WHATEVER APPROPRIATE MOTIONS YOU THINK SHOULD BE CONSIDERED, AND I'LL DO THAT.
MR. JOHNSON: HOW ABOUT THIS. EITHER YOU OR SOMEBODY ELSE GETS INTO A ROOM WITH EVERYBODY, AND MR. -- AND I'M HAPPY TO HAVE THAT GENTLEMAN -- WHAT'S THE NAME --
MR. RICHERT: WHAT'S WHOSE NAME, SIR?
MR. JOHNSON: THE NAME OF THE GUY IN KANSAS.
MR. RICHERT: HE HAS NOTHING TO DO WITH ME. HE CAME -­ HE'S A COLLEGE GRAD. I NEEDED A COLLEGE GRAD.
MR. JOHNSON: NO LAWYER.
MR. RICHERT: HE'S NOT MY LAWYER, SIR. HE IS A LAWYER, BUT HE WAS NOT MY LAWYER. HE WAS SOMEBODY WHO WAS
INVESTIGATING --
MR. JOHNSON: WHAT MR. RICHERT IS BRINGING UP IS HE'S SAYING THAT THERE SHOULD BE ADDITIONAL DEFENDANTS IN THIS CASE. I DON'T WANT TO GO INTO IT ON THE RECORD RIGHT NOW AS TO THE PROS AND CONS OF THIS. A, IT'S IRRELEVANT, AND, B, AT THIS POINT I JUST DON'T FEEL THAT IT'S NECESSARY.
HOWEVER, I AM NOT OPPOSED TO HAVING A FULL FREE FORM DISCUSSION OF THE PROS AND CONS OF ALL ASPECTS OF THE
SETTLEMENT WITH YOURSELF OR ANYBODY ELSE AND MR. RICHERT, AND AT THAT POINT IT CAN BE -- IT CAN HELP HIM DETERMINE WHAT, IF ANYTHING, CAN BE DONE AND/OR THE COURT WHICH COULD INCLUDE HE CAN GET ADDITIONAL COUNSEL TO COME IN AND REPRESENT HIS INTERESTS AS WELL.
THE COURT: WHY COULDN'T THIS BE DONE -- THIS WHOLE SETTLEMENT -- AND I LOOK BACK AT MY NOTES. YOU HAD A MEDIATOR THAT WAS ACTIVELY INVOLVED IN THIS PROCESS, DID YOU NOT?
MR. JOHNSON: HE DOESN'T LIKE THE MEDIATOR. THE COURT: AND WHO WAS THE MEDIATOR?
MR. KURTZ: JOEL GROSSMAN.
MR. RICHERT: YOUR HONOR, JOEL GROSSMAN WAS THE ORIGINAL SIGNERS FOR COLUMBIA PICTURES FOR CRT. HE WAS ONE OF THE ORIGINAL PEOPLE WHO GAVE THE STUDIOS THE RIGHT TO COLLECT THIS MONEY, AND IN 1990 THE WGA WORKED WITH HIM IN THE STUDIOS TO CONTINUE ALLOWING HUNDREDS OF MILLIONS OF DOLLARS TO FLOW DIRECTLY TO THE STUDIOS AND ONLY PARTIALLY TO THE WGA IN THE SAME WAY THAT MR. JOHNSON WANTS TO MAKE A SETTLEMENT WHERE HE'LL GET SOME OF THE MONEY AND -- IN
OTHER WORDS, FIRST THERE WAS A BIG AMOUNT OF MONEY THAT WAS ALL GIVEN TO THE STUDIOS UNTIL 1990, BUT THEN THE BURN CONVENTION MEANT THAT THAT WOULDN'T BE ABLE TO HAPPEN. SO THE UNIONS GOT TOGETHER WITH THE STUDIOS AND ALLOWED THE STUDIOS TO KEEP TAKING 85 PERCENT OF THE WRITERS' MONEY, MY MONEY AND OTHER WRITERS' MONEY.
THE COURT: MR. RICHERT, THIS IS NOT THE WAY TO PRESENT THE EVIDENCE THAT YOU --
MR. RICHERT: I WISH I KNEW A BETTER WAY, YOUR HONOR. THE COURT: NOW IF YOU CAN'T DO IT, MR. GROSSMAN, BECAUSE I'M GOING TO HAVE TO MAKE DECISIONS IN THIS CASE, AND I'M NOT PARTICULARLY COMFORTABLE THAT I CAN GET A STIPULATION OR AN EFFECTIVE WAIVER FROM EVERYBODY TO LET ME PARTICIPATE IN A SETTLEMENT PROCESS SINCE I ULTIMATELY HAVE TO APPROVE OR DISAPPROVE ANY PROPOSED SETTLEMENT.
I THINK THIS SHOULD BE DONE EITHER WITH ANOTHER NEUTRAL OR PERHAPS WITH ANOTHER JUDGE IN OUR PROGRAM, BUT ONE OF THE PROBLEMS THAT I PERCEIVE -- APPEARS TO ME TO BE PART OF THE PROBLEM IS THAT THERE'S BEEN LESS TRANSPARENCY IN THIS PROCESS THAN MIGHT HAVE BEEN APPROPRIATE AT LEAST AS BETWEEN MR. GROSSMAN, WGA, COUNSEL FOR THE RESPECTIVE PARTIES, CLASS COUNSEL AND THE REPRESENTATIVE PLAINTIFFS THAT WERE APPOINTED BY THE COURT AS REPRESENTATIVE PLAINTIFFS WHEN I CERTIFIED THE CLASSES.
AND SO I THINK THERE IS THE POTENTIAL FOR SOMETHING GOOD TO HAPPEN, MR. RICHERT, IF YOU KEEP CALM AND JUST STEP BACK AND COUNT TO TEN. IF THERE COULD BE A GROUP LIKE ALL OF THE CLASS REPRESENTATIVES GET TOGETHER IN A
ROOM WITH THE LAWYERS AND MAYBE WITH MR. GROSSMAN AND THEN A THIRD PARTY NEUTRAL TO --
MR. JOHNSON: THAT'S WHAT I'D LIKE TO SEE HAPPEN. I THINK THAT'S WHAT I'D LIKE TO SEE HAPPEN. IF YOU COULD JUST GET US TO ANOTHER JUDGE HERE, AND WE'LL GET
MR. GROSSMAN INVOLVED, AND MR. RICHERT COULD HAVE HIS ENTIRE SAY.
THE COURT: AT LEAST HAVE EVERYBODY SIT DOWN, AND IT
WOULD BE, IN MY VIEW, UNFORTUNATE IF NOBODY EVER COULD TAKE AN OPEN-MINDED VIEW OF ALL THE EFFORTS THAT'S GONE IN TO RESOLVE THIS CASE AND SEE IF, IN FACT, YES, IT'S A VIABLE RESOLUTION, NO, IT HAS LOTS OF ISSUES.
AND YOU SHOULD PARTICIPATE IN THAT, MR. RICHERT, BUT YOU HAVE TO DO IT ON A KIND OF COOPERATIVE, COUNT-TO-TEN BASIS RATHER THAN GETTING EXCITED ABOUT WHAT YOU PERCEIVE TO BE THE INEQUITIES OR THE PROBLEMS, AND IF YOU DON'T DO IT THAT WAY, THEN IT WON'T BE PRODUCTIVE.
AND I'M NOT SAYING THAT YOU HAVE TO COME OUT OF THE ROOM SAYING, YEAH, I AGREE WITH EVERYTHING EVERYBODY SAID. YOU COULD STILL AGREE TO DISAGREE, BUT IT HAS TO BE DONE ON A COOPERATIVE -- THIS PROCESS THAT WE'RE ENGAGED IN, WE ALL HAVE YOUR SEATS, BUT IT IS A COLLABORATIVE PROCESS, AND WE RESOLVE A LOT OF CASES IN A MANNER THAT IS BENEFICIAL TO EVERYONE INVOLVED, BUT IT TAKES SOME EFFORT, AND THE PEOPLE HAVE TO WORK TOGETHER A LITTLE BIT. SO LET'S COUNT TO TEN.
IS THERE A PREFERRED JUDGE THAT YOU WOULD LIKE TO GO TO ON THIS?
MR. JOHNSON: WELL, I JUST HAVE PENDING CASES BEFORE JUDGES ELIAS AND LICHTMAN. SO ANYBODY ELSE WOULD BE FINE.
THE COURT: WGA HAVE ANY PREFERENCE?
MR. RICHERT, DO YOU HAVE ANY FAMILIARITY WITH ANY OF THE JUDGES IN THIS PROGRAM?
MR. RICHERT: NO, YOUR HONOR.
THE COURT: YOU KNOW WHO I MIGHT SUGGEST IS MAYBE JUDGE HIGHBERGER SINCE HE HAS QUITE A SIGNIFICANT
BACKGROUND IN LABOR RELATIONS AND LABOR LAW THAT WAS HIS PRACTICE BEFORE HE BECAME A JUDGE, AND HE'S BEEN A JUDGE FOR 10 OR 15 YEARS, A LONG TIME, BUT HE HAS AN APPRECIATION OF LABOR ISSUES MORE SO THAN SOME OF THE REST OF US. AND IF THAT WOULD BE ACCEPTABLE, THEN THAT'S WHAT -- I WOULD CALL HIM AND SAY THESE PEOPLE ARE GOING TO CHECK IN WITH YOU AND TRY AND GET A DATE. BRING MR. GROSSMAN IN AND SEE WHAT HAPPENS.
MR. RICHERT: I HAVE BEEN WILLING -- YOUR HONOR, I THINK YOU'VE BEEN HERE FOR ALMOST FOUR YEARS. I'M NOT SURE.
THE COURT: I'VE BEEN HERE FOREVER IT SEEMS LIKE, AND WHEN I GET A CASE LIKE THIS, IT SEEMS EVEN LONGER.
MR. RICHERT: IT'S AMAZING THE TINY AMOUNT OF RESULT THAT'S TAKEN PLACE IN TERMS OF THE SETTLEMENT. YOU HAVEN'T SEEN THE SETTLEMENT YET. IT'S SIX OR SEVEN PAGES OF A COVERUP AS FAR AS I CAN TELL, AND THAT IS NOT --
YOUR HONOR, I'M NOT TRYING TO BE EMOTIONAL ABOUT THIS.
I JUST CAME OVER THE PAST WEEK, AND PART OF IT HAS TO DO, I GUESS, WITH MADOFF AND ALL THE OTHER ISSUES THAT
HAVE HAPPENED IN OUR COUNTRY, AND I JUST SEE, OH, BOY, THAT'S WHAT'S GOING ON HERE, AND IT ISN'T LABOR LAW,
YOUR HONOR. IT HAS NOTHING TO DO WITH LABOR. IT'S A PLAIN OUT AND OUT OLD EMBEZZLEMENT, AND I THINK I COULD PROVE IT WITH WHAT I GOT RIGHT HERE, AND IT'S NEVER BEEN GIVEN TO YOU.
THE COURT: MR. RICHERT, THIS IS YOUR VIEW. KEEP AN OPEN MIND. AT LEAST SIT DOWN WITH THE PEOPLE WHO PUT A LOT
OF EFFORT IN TRYING TO REACH AN AGREEMENT THAT PURPORTS TO BE FROM SOME PEOPLE'S PERSPECTIVE IN THE BEST INTEREST OF THE PEOPLE YOU ARE HERE TO REPRESENT, AND TAKE A LOOK AT IT AND WE'LL SEE WHERE WE GO FROM THERE.
MR. RICHERT: THANK YOU VERY MUCH.
THE COURT: NOW IN THE INTERIM, WE NEED TO ADDRESS THIS ISSUE OF THE DEATH OF OUR CLASS REPRESENTATIVE, AND I DON'T KNOW WHAT WE'RE DOING WITH THAT. YOU WANT TO HOLD -- I CAN CHECK WITH JUDGE HIGHBERGER. I DON'T KNOW WHAT HIS SCHEDULE WILL PERMIT. OR DO YOU WANT TO MAYBE GO OVER THERE NOW AND THEN COME BACK AND TELL US WHEN YOU COULD GET SOMETHING SCHEDULED.
MR. JOHNSON: THAT'S FINE, BECAUSE WE NEED TO CALL GROSSMAN AS WELL. AND THEN WE CAN --
THE COURT: I'D LIKE TO SEE THIS HAPPEN WITHIN THE NEXT TWO WEEKS, 30 DAYS AT THE OUTSIDE. I MEAN I'M WILLING TO STALL TO GIVE PEOPLE A CHANCE TO AT LEAST SIT DOWN IN A ROOM AND TALK ABOUT WHAT'S ON THE TABLE, BUT AT SOME POINT WE GOT TO PULL THE PLUG.
I MEAN I'M FAIRLY COOPERATIVE WHEN PEOPLE SAY
AND, MR. RICHERT, YOU CAN'T COME IN HERE -- YOU ARE THE CLASS REPRESENTATIVE, BUT I'M NOT GOING TO LET YOU COME IN AND SIT IN THE BACK AND JUST TALK ABOUT THINGS THAT BOTHER YOU. IF YOU THINK THAT YOU NEED DIFFERENT REPRESENTATION ON BEHALF OF THE CLASS, YOU MAY NOT PROCEED IN PRO PER, IN OTHER WORDS, WITHOUT A LAWYER AS A CLASS REPRESENTATIVE. I HAVE TO HAVE CLASS COUNSEL.
AND SO AFTER THIS NEXT ROUND OF A MEETING WITH JUDGE HIGHBERGER AND MR. GROSSMAN, IF WE CAN'T MAKE PROGRESS, WE'RE GOING TO HAVE TO REGROUP AND REORGANIZE HERE. IF YOU WANT TO BE THE LEADER IN CHARGE, YOU GOT TO ACT LIKE A LEADER, AND YOU GOT TO HAVE SOMEBODY TO REPRESENT YOU, AND WE'RE GOING TO HAVE TO GET INVOLVED HERE IN HOW WE'RE GOING FORWARD.
DO YOU UNDERSTAND THAT?
MR. RICHERT: I DIDN'T INTEND TO BE THE LEADER,
YOUR HONOR. IT JUST TURNS OUT I'M IN FRONT OF THIS PARADE THAT I'VE DISCOVERED.
THE COURT: WELL, WHATEVER IT IS, THAT'S WHERE YOU ARE, AND YOU GOT TO STAND UP AND DO WHAT'S NECESSARY, OR ELSE
I'M NOT GOING TO BE ABLE TO LET YOU BE THE LEADER.
MR. RICHERT: I'LL DO THE BEST I CAN, YOUR HONOR. THE COURT: ALL RIGHT. THANK YOU VERY MUCH.
WHY DON'T WE SET THIS OVER FOR A FURTHER STATUS CONFERENCE IN 30 DAYS, AND I'LL BE FLEXIBLE ON THAT, BUT I EXPECT THAT WHEN YOU COME BACK, YOU WILL HAVE HAD THIS EFFORT TO SIT DOWN AND LOOK AT THINGS.
MR. JOHNSON: DO YOU WANT TO LET US JUST LEAVE FOR A
MINUTE AND COME BACK SO WE CAN SEE JUDGE HIGHBERGER AND WHAT HIS SCHEDULE IS LIKE AND WHETHER HE'S WILLING TO HELP US OUT.
THE COURT: YOU CAN GO OVER AND LET US KNOW, BUT I THINK I SHOULD SET A DATE. I'M GOING TO SAY MAY 6TH AT 2:30, AND TRY AND SEE WHAT YOU CAN DO WITHIN THAT TIME FRAME.
MR. JOHNSON: ALL RIGHT. THE COURT: ALL RIGHT.
MR. KURTZ: YOUR HONOR, DO YOU WANT US TO SET A FORMAL HEARING TO SUBSTITUTE MISS FElL RETCHIN IN WITH FURTHER DOCUMENTATION IN THE MEANTIME?
THE COURT: YOU NEED TO MAKE A MOTION. I MEAN THIS APPLICATION -- WE GOT PROBLEMS HERE NOW. I'VE GOT A DECEASED CLASS REPRESENTATIVE THAT WAS NEVER DISCLOSED TO ME THAT'S BEEN DEAD FOR NINE MONTHS WHILE YOU'VE BEEN NEGOTIATING A SETTLEMENT.
IF YOU WANT TO FILE A MOTION, GET IT ON FILE BEFORE THE NEXT STATUS CONFERENCE. I'LL SET A BRIEFING SCHEDULE, AND WE'LL HAVE A HEARING DATE ON IT. WE NEED TO
GET THIS UP IN A DIFFERENT LEVEL. WE ALL WORK COOPERATIVELY. MR. RICHERT HAS WORKED COOPERATIVELY WITH US, BUT NOW WE HAVE SOME CONFLICTS THAT WE NEED TO DEAL WITH ON A LITTLE MORE FORMALIZED BASIS.
ALL RIGHT. THANK YOU VERY MUCH.
MS. LEHENY: THANK YOU, YOUR HONOR.
(THE MATTER WAS CONTINUED TO WEDNESDAY, MAY 6, 2009, AT 2:30 P.M.)

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
          DEPARTMENT NO. 311 HON. CARL J. WEST, JUDGE SUPERIOR COURT
WILLIAM RICHERT
PLAINTIFF,  
 NO. BC339972
VS.               
WRITERS GUILD OF AMERICA WEST INC.,
DEFENDANT.     
REPORTER'S TRANSCRIPT OF PROCEEDINGS MARCH 23, 2009
APPEARANCES:
FOR THE PLAINTIFF: JOHNSON & JOHNSON
BY: NEVILLE L. JOHNSON, ESQ.
NICHOLAS A. KURTZ, ESQ. 439 N. CANON DRIVE, SUITE 200 BEVERLY HILLS, CALIFORNIA 90210
FOR WGA DEFENDANTS:      ROTHNER, SEGALL & GREENSTONE BY: EMMA LEHENY, ESQ.
510 SOUTH MARENGO AVENUE
PASADENA, CALIFORNIA 91101 JOHN SPANO, ESQ.
9606 OAKMORE
LOS ANGELES, CALIFORNIA 90035
ALSO PRESENT:      WILLIAM RICHERT
REPORTED BY:      WANDA GRAY, CSR NO. 7675, RPR OFFICIAL REPORTER
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANG
DEPARTMENT NO. 311   HON. CARL J. WEST, JUDGE
WILLIAM RICHERT
PLAINTIFF,    
VS
WRITERS GUILD OF AMERICA WEST INC)
NO. BC339972

DEFENDANT.      .               
REPORTER'S  CERTIFICATE
I, WANDA GRAY, OFFICIAL REPORTER OF THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF LOS ANGELES, DO HEREBY CERTIFY THAT THE FOREGOING PAGES, 1 THROUGH 18, INCLUSIVE, COMPRISE A FULL, TRUE, AND CORRECT TRANSCRIPT OF THE PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER ON MARCH 23, 2009.
DATED THIS 30TH DAY OF APRIL, 2009.
WANDA GRAY, CSR NO. 7675 OFFICIAL REPORTER

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