William Gallagher
A federal judge has ruled against Apple TV+ lawyers request to limit discovery and pursue summary judgement over the plagiarism accusations against its "Servant" drama.
Francesca Gregorini originally filed suit in early 2020, claiming that "Servant" not only stole the plot of her film, "The Truth about Emanuel," but also aped her production and cinematography choices. That case was dismissed in May 2020, but Gregorini won her appeal in 2022.
Since then, according to an email sent to AppleInsider on behalf of Gregorini, Apple has asked the courts to "tremendously limit discovery to just that needed to allow Apple to pursue summary judgement."
It's this request to limit discovery that has now been denied against a group including Apple, plus "Servant" co-creators M. Night Shyamalan and Tony Basgallop.
"The ruling is truly stunning in suggesting that a full jury trial — a rarity in Hollywood copyright infringement litigation — is required," David Erikson, attorney for Gregorini, said in the email. "Perhaps because Los Angeles is a company town, for decades judges have used their role as gatekeepers to decide these cases themselves."
"This ruling says that Francesca's case is strong enough to make it through the gate, to be decided by a jury of one's peers," he continued.
I'm very much looking forward to my day in court," Gregorini said. "In Hollywood, injustices similar to mine occur too often— if pursuing this matter can secure a precedent and protect the rights of future independent creators, then I am honored to seize the opportunity."
"Servant" was one of the earliest Apple TV+ shows and began streaming in November 2019. Three seasons have since aired, and Apple has announced a fourth and final run.
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Wesley Hilliard
AppleInsider Staff
Andrew Orr
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10 Comments
I wonder if Hallmark will be sued for all the Cinderella-type movies they show. I've see about ten movies using the same plot in the last year. Movies are regularly knock-offs of other movies so what's the big deal? Same with books. Actually, same with apps!
The author of this article might be correct as I have no information about the case proceedings to date.
But, this report explicitly says this court has ruled not to limit discovery as requested by Apple, et al. So, it seems this case is in the discovery phase and the claim that a full jury trial is going to happen is premature. There is a lot yet to do before they get to the point of deciding on going before a jury.