Biller

Biller v. Peter Rodgers Organization, Ltd.

Good Law
281 F. App'x 659
United States Court of Appeals for the Ninth CircuitMay 30, 2008Nos. 06-56626, 06-56673California480 words

Opinion

Lead Opinion

MEMORANDUM *

Maljack Productions, Inc. appeals the district court’s grant of summary judgment holding that Maljack infringed Gary P. Biller’s copyright of the movie “Richard Pryor Live in Concert.” Biller cross-appeals the district court’s damages calculation. We have jurisdiction under 28 U.S.C. § 1291 .

Maljack fails to present any specific facts proving that Biller authorized, either orally or in wilting, any agent to approve a three-year license extension with Maljack. See Triton Energy Corp. v. Square D Co., 68 F.3d 1216, 1221 (9th Cir.1995). Maljack waived its ratification and apparent authority arguments by raising them for the first time in its reply brief. See Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir.1994) (“We review only issues which are argued specifically and distinctly in a party’s opening brief.”). 1 The district court’s grant of summary judgment as to liability is affirmed.

The district court erred in awarding $12,000 in costs to Biller because Biller did not file a bill of costs. See 28 U.S.C. § 1920 ; C.D. Cal. R. 54-3. However, the *660 issue may be moot if Peter Rodgers Organization has satisfied the cost award. On the other hand, it may not be if, as…

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