Cindy Ortiz Declaration In Support of Preliminary Injunction
William K. Vogeler SBN 147445
Gruenbeck & Vogeler
Six Venture, Suite 270
Irvine, Calif. 92618
Phone: 949.453.1874
Fax: 949.453.1875
Attorneys for Plaintiffs
HERGOTT PRODUCTIONS, INC.
MUFFIN CLUB ENTERTAINMENT, INC.
And JAMES HERGOTT
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
HERGOTT PRODUCTIONS, INC., a California corporation; MUFFIN CLUB
ENTERTAINMENT, INC., a California corporation; and JAMES HERGOTT, an
individual,
Plaintiffs,
vs.
IMPERIA ENTERTAINMENT, INC.; a Nevada corporation; IMPERIA
INTERNATIONAL DISTRIBUTION, INC., a Nevada corporation; MULLER MEDIA,
INC., a Nevada corporation; NEVER SUBMIT, LLC., a Nevada limited
liability company; KENNETH EADE, an individual; and DOES 1 through
10,
Defendants. )
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))))))))))))) Case No.: SACV07-553 DOC (MLGx)
DECLARATION OF CINDY ORTIZ IN SUPPORT OF REPLY TO OPPOSITION TO MOTION
FOR PRELIMINARY INJUNCTION
DATE: June 12, 2007
TIME: 10:30 a.m.
PLACE: Dept. 9D
I, Cindy Ortiz, declare:
1. I am an adult and not a party in the above-captioned matter. I
know the facts set forth in this declaration are true of my own
knowledge, except those facts stated upon information and belief, and
I believe those facts to be true. If called upon, I would testify
competently to these facts.
2. I am a freelance writer for two online MMA magazine websites
(MMAWeekly.com and MMAFighting.com). I have worked on a variety of
projects for the sport of MMA since 1998.
3. Because of my experience and connections throughout the mixed
martial arts industry I was brought on board to serve as producer of
the movie project entitled "Never Submit."
4. I arranged and attended a meeting with James Hergott and Dana
White, president of the Ultimate Fighting Championship (UFC), which is
the world's largest mixed martial arts organization, in an effort to
form an association between the UFC and Hergott's film, "Never
Submit."
5. I also arranged three auditions at some of MMA's most prestigious
training centers in the U.S. for Mr. Hergott and assisted him with the
on-site casting calls. I also communicated frequently with Kenneth
Eade in this regard.
6. In the course of my work for Imperia, I learned from Mr. Hergott,
Mr. Eade and others that Mr. Hergott began writing the script for the
project at least as early as 1998 when Senator John McCain pushed
legislation to ban the sport of MMA in this country. It has always
been my understanding Mr. Hergott is the sole writer of the script,
including all rewrites/revisions.
7. During a dinner conversation in October 2006 following a fight
event held in Las Vegas called "Pride Fighting Championships," Mr.
Eade made a comment (something to the effect), "Never Submit has been
a masterpiece in the making for years and when James first shared his
vision and told me about a script he had written, all I could think
about was some Kung-Fu Theater/Keith Caradine chop-saki film because I
had never heard of MMA before! I must be getting old! After seeing the
show tonight I have no doubt his movie will be a blockbuster!"
8. Throughout my involvement with this project, there was never a
question who this film belonged to, who wrote it, who titled it and
who would direct it; Mr. Hergott was the sole name attached to all of
these points.
9. With the exception of what Mr. Eade referred to as "fine tuning,"
the script and concept has remained the same as the original work
Hergott introduced when he disclosed the project to Imperia.
10. I am aware this project represents close personal ties to Hergott
and his life and is not strictly something his imagination generated
for the purpose of entertainment. In fact, Hergott created the main
character, JIM CULLEN, with the intent of portraying the role himself.
Essentially, JIM CULLEN is James Hergott.
11. I worked with Imperia on this project from March 2006 until
December of 2006. It took me until late November 2006 to get my first
check from Mr. Eade, which ended up bouncing. The amount of the check
was $1,500 and it took me nearly one month to get him to make it good.
12. Mr. Eade has made no less than ten commitments (between November
2006 and May 2007) to pay me for the work I did and has kept exactly
zero of those promises. He still owes me $4,500 in back pay.
13. Mr. Eade attempted to rehire me for this project in early April
2007. As I was considering the opportunity, I found out that Mr. Eade
intended to make changes to some of the scenes and then claim
authorship of the script as his own. Additionally, I found out Mr.
Eade fabricated the reason he terminated Mr. Hergott as director.
14. After reviewing the May 21, 2007 version of the shooting script, I
concluded that the story is essentially the same as the script created
by Mr. Hergott, and all modifications made are simply attempts to
disguise the work as Mr. Eade's version.
15. As a result of Mr. Eade's conduct, I decided not to return to the
project and I have no desire to work with him again. I also have no
involvement whatsoever in any past, present or future projects of Mr.
Hergott, and I do not consider Mr. Hergott to be a friend of mine.
16. I declare under penalty of perjury under the laws of the United
States of America and the State of California that the foregoing is
true and correct.
Dated: June ___, 2007
James 3 Ken 0
