you're honest in july of two thousand and one the district court denied three more summary judgment as to the essential elements of proving hard to run forensic cases this was a substantial similarities and access essentially the district court found that my client of the ninth circuit's strings attached meaning that there were material issues of facts surrounding whether both worlds were similar and flot things character and tone and the other element reasonable opportunity to view the work in question subsequently a little over a week before trial or the district court reversed that order and granted defend its motion for reconsideration the most of reconsideration was based facts in no way should have disturb your original denial of the summer to us and now we have the case in front of this is a whole and we're not limited are we to those particular facts to decide was it right to reconsider we have we have a summary judgment in front of the issue before us is consider the collective body is there enough to sustain summary judgment absolutely your honor but i didn't want to address those facts because that seemed to be the basis for the court's decision the court  did reconsider its summary judgment based on no those four factors however yes they can but were not even limited to the grounds the judge made a summary judgment ruling on absolutely not your honor and i do invite discussion on the essential elements of this case one which later turned into dream works again there was this first little deal between chesterfield and avalon amblin had a first look for any scripts that pass through thousand stories a year were submitted to the just revealed project are you telling me that all four thousand stories were turned over to him one you know no of all four of those stories were turned over to am one but we do know that based on the chesterfield universal and there indicating that church and universal still have a first look at all scripts which pass through chesterfield we don't know which scripts you know made it to amber and or made it through chesterfield through universal but we of jacobson who is the alleged creator of vance who is a chesterfield mentor she certainly had a relationship with chesterfield where my client's who did it his screenplay edited and subsequently  our writing contest when writing contest which is being funded by am one and by you know universal the consideration for that funding was this first look deal it might be standard in the industry but in this case it it was very important it was the reason why chesterfield got all this money and was able to sustain itself without the first the deal and going to universal would have had absolutely no motive to spend the money material question of fact as to whether defendants need to take a stand and dreamwork had a reasonable opportunity to do the work i'm certainly not asking you to hold as a matter of law  any evidence that came out of your thesis that dreamers have access to that to be sure the standard for access is a reasonable opportunity to view and based on need to jacobson's relationship with chester philip based on the fact that when she was a universal development executive her offices were right across from chesterfield offices based in the fact that she lived in her erotica responses first denying her any involvement chesterfield or screenwriting  general and subsequently chesterfield founder can or can testify that she was in fact and friends are then you know jacobson didn't mean it that she was involved with chester philip and her involvement with chesterfield chesterfield everything that comes into chesterfield that's what she stated i think we're really talking about here the difference between a reasonable opportunity and very possibility to use the phrases that have been used including knowledge in your very right and when you wind up arguing these you have in your br chesterfield get something like forty five hundred scripts a year but they weren't careful and put rejected scripts in the recycling bin i have a hard time seeing an executive from dream works pawing through the recycling bin the see what might be there well that's that's sort of what you possibility but not likely to happen i'm not alleging that they that they've might have gone through the recycling ban what i'm stating is that we've got this nice circuit standard of law under kamar and basing that standard of law for my clients i'm i'm concerned with the idea that if somebody is a mentor to an organization that that person and their organization is troy's with all the knowledge that the organization had you would you be charged with knowledge you are a mentor you're going to help one student or you try to with knowledge of every case that's in the clear i don't know if i would necessarily be charged with actual if she was in florida and what was there was jacobson's rule makes her different than the lawyer who is a mentor to a lawsuit sure of what if we look at that the history between chesterfield and universal and when they still signed all their top executives to to mentor and to have involvement with chesterfield so they can make sure that scripts are regularly coming in and out and that their access sure well i think what you're doing is listing out of a few of us similarities and i think that first of all when we when the summer job was denied the court of the court and state as a matter of law that the extra test was passed in the courts found that both conformity and there's major conflicts with both ends against those against their colleagues also we have the answer i guess we have similar antagonist in both scripts we have christian and man colonies got into adventures outside of the colonies where they're both attacked by a boy with a magnifying glass they both find these model this or these utopias outside the colonies and these other and screenwriter for over forty five years and not only an arbitrator but an arbitrator advisor he's at the top the w g a few reviewed both the worst and he found that both characters were not only substantially similar similar but strikingly similar he found that how could you have these two favorites were the two aunts had these mid life crisis and had these conflicts with their colonies so certainly not only  a great deal of confusion about the first look notion here counsel is when he tells the court that dream works has the right contractually to a first look to all four thousand scripts is relying on a statement that was made by chesterfield in an earlier proposal which by the way was stricken from the record by this court on october thirteenth this year so that's not even before the court that was in some kind a prospectus by chesterfield what is the for the court is the agreement a written agreement between chesterfield and universal or mammal and which says that each year there will be ten participants who are determined to be the winners of the after they become assigned to mentors then they're assigned to write two new scripts the mentors never see the obligations they could care less they're interested in teaching they're seeing if these writers many of them write from other fields might become screenwriters might be able to do it and so they're taught for a year how to write screenplays and the mentors only two screenplays that they write while they're in the program they depositions in this case everybody that had anything to do with anything at amblin universal dream words of world are closed there was no nothing in the record to show anything contrary to what i said five hundred yards away five football fields away you know in a in a universal city studio lot which has hundreds of buildings the testimony was that when she did her mentoring of  only she did the mentoring at her own office in the black tower five hundred yards away from chesterfield all she ever saw were the two scripts that miss only prepared under the program and  development was just across the way later in a deposition she said this friend of hers was not a part of universal she was on the lot universal working for another development company and that's what he refers to the party is trying to make to work seem somewhat better not get if someone had asked you what the plaintiff work was about and what the defendant's work was about i can't see how anyone would describe them tends to be serious i know that they say that he wise cracks a couple of times but that doesn't turn it into a comedy i think answer really is a comedy and the characters christian and mandible couldn't be more different christian we're movie that's what changes the woody allen and from a character who's incompetent who doesn't care about his community and as far as i what i do want to comment on  often happens in these cases you try to find out what's behind the experts and yes the strikingly similar you find out that they can't really give the opinion they need to give the support that that statement thank you i just like to respond to a few points on the similarities i don't know if the court had a chance to get the similarities take where we were able to literally break down forces advanced and break down corsets of  i'm the same as everybody else i mean movies inherently draw individual characters that are different i don't think that you've ever found it to ask waking up again but i think the focus is on an once you get past the creature i watched it take i didn't find much similar because your client story frankly is is meant to be serious almost kind of downer in terms of the similarity other than the fact that preachers and i had well their answer and they're both again they're both at odds with their colonies they both are the same protagonists going against the same to antagonise again we we have a christian a man what more justify that there were similarities in plot theme character tone setting and pace he clearly presented a question of fact as to whether these were just words similar again mr  up hating their lives and again he didn't recant his testimony he said when this mr pastor asked him questions he said anything in the realm of possibilities is possible that in my opinion these works were strikingly similar and independent