Case 2:04-cv-08400-ODW-RZ Document 702-5 Filed 02/07/13 Page 1 of 4 Page ID
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` #:15250
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`DANIEL M. PETROCELLI (S.B. #097802)
` dpetrocelli@omm.com
`MATTHEW T. KLINE (S.B. #211640)
` mkline@omm.com
`CASSANDRA L. SETO (S.B. #246608)
` cseto@omm.com
`O’MELVENY & MYERS LLP
`1999 Avenue of the Stars, 7th Floor
`Los Angeles, CA 90067-6035
`Telephone: (310) 553-6700
`Facsimile:
`(310) 246-6779
`
`Attorneys for DC Comics Parties
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`UNITED STATES DISTRICT COURT
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`CENTRAL DISTRICT OF CALIFORNIA
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`LAURA SIEGEL LARSON,
`individually and as personal
`representative of the ESTATE OF
`JOANNE SIEGEL,
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`Plaintiff,
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`v.
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`WARNER BROS. ENTERTAINMENT
`INC., DC COMICS, and DOES 1-10,
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`Defendants and
`Counterclaimants.
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`Case No. CV 04-8400 ODW (RZx)
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`[PROPOSED] FINAL JUDGMENT
`IN THE SIEGEL SUPERMAN CASE
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`The Hon. Otis D. Wright II
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`[PROPOSED] FINAL JUDGMENT
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`Case 2:04-cv-08400-ODW-RZ Document 702-5 Filed 02/07/13 Page 2 of 4 Page ID
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` #:15251
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`[PROPOSED] JUDGMENT
`On January 10, 2013, the United States Court of Appeals for the Ninth
`Circuit reversed Judge Larson’s March 26, 2008, partial summary judgment order
`and held that, “as a matter of law,” plaintiff Laura Siegel Larson (referred to herein
`in her individual capacity and as personal representative of the Estate of Joanne
`Siegel as “Larson”) entered into a settlement agreement with defendants
`(collectively, “DC”) on October 19, 2001. Larson v. Warner Bros. Entm’t Inc.,
`2012 WL 6822241, at *1 (9th Cir. Jan. 10, 2013). “Statements from the attorneys
`for both parties establish that the parties had undertaken years of negotiations …,
`and that the letter” sent by Larson’s attorney, Kevin Marks, on October 19, 2001,
`“accurately reflected the material terms they had orally agreed to.” Id. The Ninth
`Circuit directed this Court to “reconsider DC’s third and fourth counterclaims in
`light of our holding that the October 19, 2001, letter created an agreement.” Id. at
`*2.
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`Consistent with the Ninth Circuit’s opinion and instructions on remand, id. at
`*1-2, this Court may now enter final judgment in DC’s favor in two of three long-
`running Superman cases presently before this Court: (1) the above-entitled “Siegel
`Superman” case, Case No. CV-04-8400; and (2) the related “Siegel Superboy” case,
`Case No. CV-04-8776 (addressed in a separate Final Judgment filed concurrently
`herewith). In the parties’ October 19, 2001, settlement agreement, Larson (and her
`family) “transfer[red] all of [their] rights” to DC, “resulting in 100% ownership to
`D.C. Comics.” Declaration of Daniel M. Petrocelli (“Petrocelli Decl.”) Ex. B at 21;
`Larson, 2012 WL 6822241, at *1. This complete transfer bars Larson’s remaining
`claims in this case and entitles DC to judgment on its Fourth Counterclaim in this
`case, which seeks a declaration confirming the October 19, 2001, settlement
`agreement against Larson. DC’s remaining counterclaims are dismissed, without
`prejudice, as moot. Therefore:
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`[PROPOSED] FINAL JUDGMENT
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`Case 2:04-cv-08400-ODW-RZ Document 702-5 Filed 02/07/13 Page 3 of 4 Page ID
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` #:15252
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`A. Larson’s Claims
`IT IS ORDERED AND ADJUDGED that Larson’s First Claim for Relief, for
`“Declaratory Relief re: Termination,” is DENIED, and judgment is hereby entered
`in DC’s favor and against Larson on this claim. See also DN 293, 560.
`IT IS FURTHER ORDERED AND ADJUDGED that Larson’s Second
`Claim for Relief, for “Declaratory Relief re: Profits from Recaptured Copyrights,”
`is DENIED, and judgment is hereby entered in DC’s favor and against Larson on
`this claim. See also DN 293, 560.
`IT IS FURTHER ORDERED AND ADJUDGED that Larson’s Third Claim
`for Relief, for “Declaratory Relief re: Use of the ‘Superman’ Crest,” is DENIED,
`and judgment is hereby entered in DC’s favor and against Larson on this claim. See
`also DN 293, 560.
`IT IS FURTHER ORDERED AND ADJUDGED that Larson’s Fourth Claim
`for Relief, for “Accounting for Profits,” is DENIED, and judgment is hereby
`entered in DC’s favor and against Larson on this claim. See also DN 293, 560.
`B. DC’s Counterclaims
`IT IS ORDERED AND ADJUDGED that DC’s Fourth Counterclaim, for
`“Declaratory Relief Regarding the [2001 Settlement] Agreement,” is GRANTED,
`and judgment is hereby entered in DC’s favor and against Larson on this
`counterclaim. The Court declares that, under the parties’ October 19, 2001,
`settlement agreement, Larson and her family transferred to DC, worldwide and in
`perpetuity, any and all rights, title, and interest, including all copyright interests,
`which they may have in Superman, Superboy, and Spectre. Petrocelli Decl. Ex. B
`at 19, 21; Larson, 2012 WL 6822241, at *1-2.
`IT IS ACCORDINGLY FURTHER ORDERED, ADJUDGED, and
`DECREED that DC’s First, Second, Third, Fifth, and Sixth Counterclaims are
`DISMISSED, WITHOUT PREJUDICE, AS MOOT.
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`Case 2:04-cv-08400-ODW-RZ Document 702-5 Filed 02/07/13 Page 4 of 4 Page ID
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` #:15253
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`IT IS SO ORDERED.
`Dated: __________________ ____________________________________
` Honorable Otis D. Wright, II
` Judge, United States District Court
`OMM_US:71247304
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`[PROPOSED] FINAL JUDGMENT
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