Declaration of Josh Lieberman

Declaration of Josh Lieberman
DECLARATION QF JOSH LIEBERMAN
I, JoshLieberman, declareas follows
1
The factsstatedhereinare statedof my own personalknowledgeexceptasto those
mattersstatedon information and belief and, as to those matters,I believe them to be true. If
called and sworn as a witness, I could and would testify competentlytheretounder oath.
2.
I am a talent agentemployedby the firm The Creative Artists Agency ("CAA")
located in Beverly Hills, California
3.
Colin Farrell.
I' have been a talent agent representingactors in the
Over the course of my career, a significant part of my work has been the
.IhaverepresentedColin with respectto negotiationson his acting agreementson
numerousmotion pictures,including "Hart's War, .. "Minority Report, "S. W .A. T .," "Alexander"
and the upcoming"Miami Vice."
4
As one of the world's most popular actorsin motion pictures, Colin commandsa
multi-million dollar salary for acting in eachfilm, plus substantialcontingentcompensationfrom
the film's revenues. Currently, Colin typically can commandand receivea guaranteein excess
likenessand personaare a significantpart of the value of his earningpower and licensingpower.
5.
I was recently contactedby Defendant David Hans Schmidt about Schmidt's
attemptsto exploit a confidentialvideotapedepictingsexualrelationsbetweenmy client andNicole
Narain ("the Videotape") Attached as Exhibit" 1t, hereto is a written communicationthat I
video depicting [Colin and Nicole Narain] engagedin various acts of cQPulation." In this
.Ill
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DECLARATIONS IN SUPPORT OF EX PARTE
APPLICATION FOR TRO AND OSC
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DECLARATIONS
IN SUPPORT OF EX PARTE
APPLICATION
FOR TRO AND OSC
7/18/2005
15:45
FAX ~10 ..,
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APPucA t"D
F()i Tao ANDOSC
DECLARATION OF MARTIN D. SINGER
I, Martin D. Singer, declareas follows
1
I am anattorneyat law duly l~censed
to practicebeforeall of the Courtsof the State
I have
sworn as a witness,could and would testify competentlytheretounder oath.
2
On Wednesday,July 13,2005, DefendantDavid HansSchmidtsenta letter to Josh
Lieberman, the talent agent for Plaintiff, concerningthe distribution of a videotapedepicting
A copy of the letter I
3.
After receivinga copy of DefendantSchmidt'scommunicationto Mr. Lieberman,
I telephonedSchmidt(with whom I had contactpreviously on an unrelatedmatter) to discussthe
matter. During that telephoneconversation,DefendantSchmidtsaid that he had the right to sell
the Videotapeandthat he was working with DefendantNarain in connectionwith its distribution
andsale. He told me that he wantedto reachan agreementwith Plaintiff in connectionwith the
distribution of the Videotape. I told him that Plaintiff was not willing to enter into such an
agreement.Schmidtthen statedthat therewasa stolencopy of the Videotapethat had gottenout,
and it could likely be leakedto the public in the eventthat my client did not makea deal with him
for distribution and saleof the Videotape
4.
During my telephoneconversationwith DefendantSchmidt, I told him that it was
my understandingtl1atmy client had recentlyhada conversationwith DefendantNarain in which
Narain had told Plaintiff that shedid not want the Videotapepublicly disseminatedand that she
would join Plaintiff in attemptingto preventthe tapefrom being distributed DefendantSchmidt
told me that this wasnot true, andthathe wasworking with andrepresentingNarain in connection
with the distribution and saleof the Videotape.
5.
I attemptedto telephoneDefendantNarain on three occasionson July 13 and 14,
2005, to discussthis matter. I receivedthe telephonenumberfor Ms. Narain from my client who
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1 hadcontactedNarain at that numberpreviously. On eachoccasionthat I called, I left a voice mail
messagetelling Ms. Narain that it was important that shecall me back Shenever returnedmy
2
3 calls
4
6
On July 14,2005, I spoketo DefendantSchmidt againon the telephone. During
5 that conversation,Schmidtinfonned me that I should stop calling DefendantNarain and that she
would not return my calls UnlessDefendantsSchmidtand Narain were working togetheron this
6
7
8
In that e-mail message.Mr. Schmidt
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call her anymore He again refers to setting up a meeting with me to discuss an agreement for
11
12
7.
13
Attached as Exhibit" 3" hereto is a copy of an article that appearedin the New York
14 Post on July 15, 2005, regarding the Videotape, During my telephonecalls with Defendant
15
16 YorkPostregardingthe Videotape. Shortly after readingthe Postarticle, I wasinformedthat Paul
Nash,the Director of Marketing andOperationsoflntemet CommerceGroup("ICG"), is working
17
18 with Schmidt and Narain with regard to their efforts to distribute and sell the Videotape
19 Furthermore,I am informedandbelievethat Nashis very well known in the internetpornography
20 businessand overseestile webmasteraffiliate program at www.xxx.cash.com. This sign-up
21 program allows websiteoperatorsaroundthe world to exploit the pornographiccontentoffered
I
22
the dozens of
pornography websites, including www .femalecelebrities .com and
23
24 SeeExhibit" 4 .. hereto
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8
Pursuantto CRC Rule 379. I gave DefendantSchmidttelephonicnotice of this ex
26
This notice was
27
A true and correct copy of my letter to
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left a telephonemessagefor Naraingiving her verbal
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--DECLARATIONS
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DECLARATION OF BRIGIT K. CONNELLY
1
I am an attorneyat law duly licensedto practicebefore all of the Courts of the
havepersonaland first-hand knowledge
2.
On July 18~2005 at approximately 9:50 a.m.. I gave telephonic notice of the
At 12:24p.m. I receiveda
"read" receipt from Nashconfirming that he hadreceivedthe email conflmling the notice. A true
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct
Executedthis 18 day of July 2005, at Los Angeles,California.
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DECLARATIONS IN SUPPORT OF EX PARTE
APPLICATION FOR TRO AND OSC
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DECLARATIONS IN SUPPORT OF EX PARTE
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Mr. JoshLieberman
The Ctea1ivcArtists Agency
9830 Wilshire Blvd
Beverly Hills, California 90212
DAVID ..w6
Sentvia ~
sa-foIIDT
PAC£ 82
only on July 13, 2005
CONFIDENTIAL MEMORANDUM
B~Xour client. Mr. Colin Farren
Dear Josh:
The last time you and I coDlDlWJicatcd
it was in regardsto the Playboy offer for your client,
M... Halle Berry. As we botlllcnow. shesubsequentlywon an Oscarand was undcrstandablyno
longerinterested.I was very happy to hearHalle plug for her fine agentat theAcademyAwards.
Ios~ having honed out a niche' over the yearsas a fellow agent/producer,our pathsnow
CtOSS
again. I am presently COIT~nding with you to discussa situation that involves your
client, Colin Farren, Playboy Playmate Nicole Naraioy and a IS-minute color video dcpicting
the two parties engagedin varies actSof copulation.I was approachedby Ms. Narain after she
realizedthat a co~ of the 1&00was miSSin2or stolen.which shebad in ber possessionover two
years. Shebeganreceiving solicitous phonecalls a couple monthsago and is not awareof the
locationof the missingtapenor doesshehavecognimnceof the pQrtY(s).I havebeenin talks
with Ms. Narain regardingthe commercialization
of the tape for the ostensiblecompelling
reasonsand sheis intet'eStcdin Inc representingher rightsby assignment.
In an effort to not only profit as pftrti~ to the video but to alsopreventpimcy, we think that
"comroexcialization"should be consideredas a collaborativeeffort and it a~"S that time is of
the essence.The history of past sex tapes have shown us the importmx;e of controlling
distribution prior to any piracy-ask Parb Bilton & Co. In the eventthis video hits the internet
on the black market,the parties in interestwill lose their potentialto profit and incur significant
attorneycosts in an effort to stop the distribution.Ergo, it then ~es
extremely difficult to
un-ring the bell and if this "tnissing copy' does,in fact, beatus to the punch,our relationshipis
m..9.!!!
d~te our best dec;isions.joint or otherwise.
Thus, I would like to suggesta discreetarrangementbetweenthe parties in which a highly
confidential agreementcould be reachedto distribute said video. We have much in the way of
.'empirical association"here. Any such agreement,of course.would requirethe consentof both
CoJiDFarreIJ and Nicole Narain and be beneficial to both J)(Uties.In closing, I would like the
opportunityto illustrnte how your client can benefit from both a colnmen;ialand public :relatiottS
perspectiveif this is handledlike trophiesof the past
Indeed,I look quite forward to meetingwith you at your immediateconvenicnceto discuss
thiS matter in confidence.We also take note at a good standingreta1ionshipwith Mr. Singer,
Esq., he is a classactjust like your self andwe'vc enjoyedwooong with rum asyou may know.
Respectfullyyours,