The National Academy of Television Arts and Sciences, Inc. v. Multimedia System Design, Inc.

CourtDistrict Court, S.D. New York
DecidedFebruary 4, 2022
Docket1:20-cv-07269
StatusUnknown

This text of The National Academy of Television Arts and Sciences, Inc. v. Multimedia System Design, Inc. (The National Academy of Television Arts and Sciences, Inc. v. Multimedia System Design, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The National Academy of Television Arts and Sciences, Inc. v. Multimedia System Design, Inc., (S.D.N.Y. 2022).

Opinion

BUR EEE EY BE See Se □□ | USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT FOR THE SOUTHERN DISTRICT OF NEW YORK BOCk DATE FILED: □□□□□□□ THE NATIONAL ACADEMY OF TELEVISION ARTS AND SCIENCES, INC. Civil Action No. 20-cv-07269-VEC-OTW and ACADEMY OF TELEVISION ARTS & SCIENCES NOTICE OF MOTION TO INTERVENE AS DEFENDANT Plaintiffs, VACATE DEFAULT JUDGMENT y AND DISMISS WITH PREJUDICE MULTIMEDIA SYSTEM DESIGN, INC., Defendant and JASON GOODMAN Proposed Defendant-Intervenor

PLEASE TAKE NOTICE that, on a date and time set by the court, or as soon thereafter as proposed Defendant-intervenor may be heard, Jason Goodman pro se (“Goodman”), shall move before this Honorable Court, pursuant to Federal Rule of Civil Procedure 12(b)(6), for an Order dismissing with prejudice plaintiff's complaint for failure to state a valid claim on which relief can be granted because the Communications Decency Act, 47 U.S.C. § 230, protects operators of interactive computer services, like defendant Multimedia System Design, INC., from the claims asserted against it and because Plaintiff violated New York Judicial Law JUD § 487 and engaged in deliberate deceit of the court to bring about this action. Newly discovered evidence as of January 24, 2022, and extraordinary circumstances have prevented this evidence from being presented previously. PLEASE TAKE FURTHER NOTICE that in support of this motion Goodman shall rely upon the attached Memorandum of Law.

Signed this 3"! day of February 2022 Respectfully submitted, □ Jason Goodman, Defendant-Intervenor, Pro Se 252 7th Avenue Apt 6s New York, NY 10001 (323) 744-7594 truth@crowdsourcethetruth.org

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

THE NATIONAL ACADEMY OF TELEVISION ARTS AND SCIENCES, INC. Civil Action No. 20-cv-07269-VEC-OTW and ACADEMY OF TELEVISION ARTS & SCIENCES Plaintiffs, Vv. MULTIMEDIA SYSTEM DESIGN, INC., Defendant and JASON GOODMAN Proposed Defendant-Intervenor

MEMORANDUM IN SUPPORT OF MOTION TO INTERVENE AS DEFENDANT

TABLE OF CONTENTS PAGES

FACTUAL AND PROCEDURAL BACKGROUND □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

1. Goodman is Entitled to Intervene as a Matter of □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 7 A. The Motion is □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ b. Goodman has a Legally Protected Interest in this □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ c. Goodman's Interests Would be Impeded As A Practical Matter if Plaintiffs □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ d. MSD Does Not Adequately Represent Goodman ’s □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 2. In the Alternative, Goodman Requests Permission to □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 3. Goodman’s Right’s Will be Prejudiced if Intervention is □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 4. □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

TABLE OF AUTHORITIES

STATUTES PAGES AT US Code § 230(C)(1) ce □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ ly 6 26 US Code § 501(C)(6).... ce □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

OTHER AUTHORITIES Federal Rule of Civil Procedure 17(b)(2) oo... ce □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Federal Rule of Civil Procedure 60(D)(3) oo... □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ D Federal Rule of Civil Procedure Rule 24(a) ooo... cies □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Federal Rule of Civil Procedure Rule 24(a)(2) oo... ee □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ □ Federal Rule of Civil Procedure Rule 24(b)...0... □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

Federal Rule of Civil Procedure Rule 24(b)(1)(B)....... □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

INTRODUCTION

Jason Goodman (“Goodman”) seeks intervene as defendant in the above-captioned lawsuit challenging Plaintiffs right to sue Multimedia System Design, INC. (“MSD”) for the controversy over a disputed parody image that is the sole and exclusive intellectual property (“IP”) of Goodman and was published by Goodman. While it is not disputed that MSD 1s a Corporation wholly owned by Goodman and he was its only employee throughout 2020, 2021 and 2022, MSD has no ownership of, or legal claim to the image that is the source of controversy in this matter, or any other content created by Goodman. Pursuant to 47 US Code § 230(c)(1) “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” MSD is a corporation operating the interactive computer service known as Crowdsource the Truth. Goodman is the creator and publisher of the image at the source of controversy in the case. MSD is indemnified by 47 U.S. Code § 230, the Communications Decency Act (“CDA”). On information and belief, Goodman alleges that Plaintiff CEO Adam Sharp (“Sharp”), by and through counsel Margaret Esquenet (“Esquenet”) has deliberately deceived the Court and the Chairmen of the boards of trustees of the Academy of Television Arts and Sciences (“ATAS”) and the National Academy of Television Arts and Sciences (“NATAS”), Frank Scherma (““Scherma”) and Terry O’Reilly (“O’Reilly”). In their efforts to bring about this suit for an improper purpose and their own personal wrongful enrichment, Sharp and Esquenet circumvented the corporate hierarchy and exceeded their legal authority, violating Fed. R. Civ. P Rule 17(b)(2) and the laws by which the tax-exempt corporate Plaintiffs are organized.

In a phone call on or around January 24, 2022, ATAS CEO and Board Chairman Scherma revealed that he had no knowledge of this lawsuit and had never heard of Goodman, the alleged infringement, or the fact that Esquenet claimed to represent him and ATAS. NATAS Chairman O’Reilly shared similar statements at his deposition. He indicated that he was not aware of the dispute over the alleged infringement prior to commencement of the lawsuit and was uncomfortable with efforts that could been seen as politicizing the EMMYs. FACTUAL AND PROCEDURAL BACKGROUND

The court is familiar with the controversy that began in or around August 2020 concerning an alleged copyright infringement of the EMMYs statue, the (“Crony image”). The Crony image along with all videos, audio or other content created for and broadcast on Crowdsource the Truth social media properties are the sole and exclusive intellectual property (“IP”) of the natural person Jason Goodman. Defendant in this matter, is a corporation owned by Goodman, but the corporation has no ownership in, nor any legal claim to the Crony image or any video containing the image.

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The National Academy of Television Arts and Sciences, Inc. v. Multimedia System Design, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-national-academy-of-television-arts-and-sciences-inc-v-multimedia-nysd-2022.