Idema

Idema v. Dreamworks, Inc.

Good Law
90 F. App'x 496
United States Court of Appeals for the Ninth CircuitDecember 24, 2003Nos. 01-57243, 02-55129; D.C. No. CV-00-10316-ABCCalifornia708 words

Opinion

Lead Opinion

*498 MEMORANDUM AND ORDER *

Plaintiffs J. Keith Idema, Gary Scurka, Kathy Scurka, and Jim Morris filed this copyright action claiming that Defendants’ motion picture, The Peacemaker, infringed eight of Plaintiffs’ works. The district court granted summary judgment to Defendants, and we affirm in part and dismiss in part.

1. We grant Plaintiffs’ request for judicial notice, because the document in question (a copyright registration for a ninth work, a letter from Plaintiff Idema to Defendant Spielberg) is the sort as to which judicial notice is appropriate. Fed. R.Evid. 201(b)(2).

Nevertheless, we hold that the district court did not abuse its discretion in denying leave to file a third amended complaint after it entered summary judgment. See Nguyen v. United States, 792 F.2d 1500, 1503 (9th Cir.1986) (stating that entry of summary judgment may affect the court’s decision whether to grant leave to amend pleadings). Plaintiffs did not adequately explain all the delay in requesting the amendment, and Defendants would have been prejudiced by having to litigate a new claim when they already had obtained a ruling in their favor.

We express no opinion as to whether the ninth work…

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