Noval Williams Films LLC v. Branca

OPINION & ORDER

*1 Plaintiff Noval Williams Films LLC (“Noval”) brings this declaratory judgment action against Defendants John Branca and John McClain, Executors of the Estate of Michael J. Jackson (“Executors”), seeking: (1) a declaration that Noval has not infringed a copyright in a video footage or photographs of the late pop star Michael Jackson (“Jackson”) used in its documentary film, “Michael: The Last Photo Shoots” (“Film”)¹ and has not breached, or caused a breach of, any agreement in relation to the video footage or photographs; and (2) further relief, under 28 U.S.C. §2202, based on any declaratory judgment. ECF 21 (First Amended Complaint (“FAC”)) 70. Executors counterclaim, seeking a declaration that “the Estate owns the Footage and all rights therein, and/or that Plaintiff cannot commercially exploit the Footage without the Estate’s approval, consent, and/or involvement.” ECF 50 (First Amended Answer (“FAA”)) 33.Executors move for summary judgment on Noval’s claims, and Noval cross-moves for partial summary judgment on the Executors’ counterclaim and the Noval’s declaratory judgment claim. Executors also move to strike affidavits by Hasaun Muhammad and Michael Williams submitted by Noval in support of its motions. Since there are numerous factual disputes, the