Onyx Films LLC v. Koch, Case No. 1:19-cv-1591

• Court: United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
• Writing for the Court: Liam O'Grady, United States District Judge
• Citation: 523 F.Supp.3d 799
• Parties: ONYX FILMS LLC, et al., Plaintiffs, v. Susan KOCH, Defendant.
• Docket Number: Case No. 1:19-cv-1591
• Decision Date: 04 March 2021

523 F.Supp.3d 799

ONYX FILMS LLC, et al., Plaintiffs,
v.
Susan KOCH, Defendant.

Case No. 1:19-cv-1591

United States District Court, E.D. Virginia, Alexandria Division.

Signed March 4, 2021

523 F.Supp.3d 800

Mary Lynn Tate, Tate Law PC, Abingdon, VA, for Plaintiffs.

Max Francis Maccoby, Washington Global Law Group, PLLC, Washington, DC, Thomas Thor Cummins, Potomac Litigation PLLC, Fairfax, VA, Jeffrey Arnold Breit, Kevin Biniazan, Breit Cantor Grana Buckner, PLLC, Virginia Beach, VA, for Defendant.

ORDER

Liam O'Grady, United States District Judge

Before the Court is Plaintiffs’ "Motion to Strike Defendant's Summary Judgment Brief Exhibit 5" pursuant to Federal Rule of Evidence 408(a). See Dkt. 89. After due consideration, the Court GRANTS Plaintiffs’ motion.

The exhibit in question is an email from Plaintiff Marquez to Defendant Koch, and reads as follows:

Susan,

Dario is recommending that I forgo my fees and ask for an additional credit in the film. As you know, I had plan to donate my fees to create a fund to provide music therapy tuition to families in need of financial assistance. Dario wants to do this on our own.

If you think this idea provides a viable solutions [sic], your lawyer or my lawyer can draft an agreement.

The credits read now

1) The credits will read as "Directed by" Susan Koch "Produced by" J. Wendy Thompson Marquez. Thompson-Marquez's credit will immediately follow the "Directed by"

2) The opening production company presentation credit will read Cabin Films Presents, followed by a company presentation credit that reads In Association with Onyx Media Films. Both Cabin Films and Onyx Media Films recognize that a distribution company and/or network may need to have the opening title credit. In that case, Cabin Films and Onyx Media Films will follow these credits in this order.

Id. at 1–2.

Federal Rule of Evidence 408(a) provides:

(a) Prohibited Uses. Evidence of the following is not admissible—on behalf of any party—either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:

(1) furnishing, promising, or offering—or accepting, promising to accept, or offering to accept—a valuable consideration in compromising or attempting to compromise the claim; and

(2) conduct or a statement made during compromise negotiations about the claim—except when offered in a criminal case and when the negotiations related to a claim by a public office in

523 F.Supp.3d 801

the

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