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Films by Jove Inc. v. Berov, 98-CV-7674

Russian Government Directive an Effort to Confiscate U.S. Firm's Property Rights in Russian Films

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Judge Trager

FILMS BY JOVE, INC. v. BEROV — This is a motion pursuant to Rule 60(b), Fed. R. Civ. P., to vacate or modify this court’s memoranda and orders of August 27, 2001 and April 16, 2003 (amended May 8, 2003) as well as the judgments of November 26, 2003 and December 2, 2003 for the plaintiff Films by Jove, Inc. (“Films by Jove”). The instant motion, dated May 21, 2004, is founded on Russian Federation Directive No. 1882-r, dated December 24, 2003 (the “December 24, 2003 Directive”). Defendants Joseph Berov, the Rigma American Corporation d/b/a Saint Petersburg Publishing House and Group, and Third-Party Plaintiff Federal State Unitarian Enterprise Soyuzmultfilm Studio (“FSUESMS”) (collectively, “defendants”) allege that the December 24, 2003 Directive constitutes a basis for reconsideration under Rule 60(b) clauses (2), (5) or (6) as newly- discovered evidence clarifying the appropriate interpretation of the law or, alternatively, as a retroactive change in the law.

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