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Michael Jackson: AEG’s Lawyers File for Monetary, Evidentiary Sanctions Against Jackson Family

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Exclusive: as I told you it would happen AEG Live has filed two motions in Los Angeles Superior Court against the family of Michael Jackson. The motions are a response to the leaking of emails in the Jackson family’s wrongful death suit against AEG to the Los Angeles Times. AEG wants monetary sanctions and they want to make sure everything concerning Michael Jackson’s health and other personal information is sealed.

There had been a protective order prior to this, blocking any release of information that AEG had turned over to the Jackson side during the case. Now that that’s been violated, AEG wants the court to fine the Jacksons at least $50,000 and to investigate how it happened. They also want everything sealed including testimony from Kenny Ortega, producer of the “This Is It” concerts. The court date for hearing both motions is October 24th.

In addition to monetary sanctions, AEG wants evidentiary sanctions, too. They’re asking the court to prevent the Jacksons from using the leaked emails as evidence in the future–that they’re essentially tainted. If the judge rules in AEG’s favor, the Jacksons would essentially have done themselves in.

On Sunday, September 2, 2012, the Los Angeles Times published a misleading and inaccurate article about AEG’s supposed role in Michael Jackson’s life and death. This article was based on an incomplete set of highly confidential documents leaked to the press despite the fact that a court had ordered that they not be disclosed. As such, the documents were taken horrendously out of context and were calculated to be as damaging to AEG and as misleading as possible.

This is from AEG:

“AEG believes the unequivocal evidence shows that Katherine Jackson and her attorneys leaked these documents to the press. The documents released to the press were given to Mrs. Jackson and her attorneys—and to no one else—confidentially in discovery and subject to a court order. Accordingly, AEG has today filed a motion for sanctions against Mrs. Jackson and her counsel for this unlawful leak.

AEG was asked to comment on the article and to provide documents in its defense that would tell a different and more complete story. AEG, however, was unwilling to violate the court’s order in its defense. Many of the documents and other sources that support AEG’s position had also been designated as confidential by third-party witnesses in Katherine Jackson’s lawsuit against AEG. These witnesses trusted that their materials had been provided in confidence, that their confidentiality would be respected, and that only the court could order the materials’ release. AEG could not and would not violate those witnesses’ rights by turning their documents over to the press without their permission.

Even without those documents, however, the story as written shows that Katherine Jackson’s claims against AEG are simply not true. The story acknowledges, for instance, that Dr. Conrad Murray was Michael Jackson’s long-term physician, and that it was Michael Jackson who demanded to bring him on tour. The story also acknowledges that no agreement with Dr. Murray was ever signed, and that Dr. Murray was never paid by AEG.

The story also acknowledges, albeit obliquely, that even after Michael Jackson appeared ill on June 19, 2012, both Dr. Murray and Michael Jackson himself repeatedly insisted that Michael Jackson was fine, healthy, and eager to perform the concerts. And again, as the story acknowledges and the film This Is It demonstrated, Michael Jackson backed up that claim by performing brilliantly at the next two rehearsals. AEG could not, and did not, cancel its agreement with Mr. Jackson, a respected performing artist who insisted he was ready and willing to perform, simply because he’d been ill one night.

Given all this, one might wonder why Mrs. Jackson or her counsel would choose to leak these documents. After all, their publication hurts her son’s memory and her grandchildren more than anyone else. Unfortunately, the reason plaintiffs chose this course is transparent—plaintiffs know they cannot win on the law and are losing control over the case. After months of discovery, plaintiffs now know what we have known all along – there is nothing to support their claims. Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson. In the meantime, we’ve all watched the press as the Jackson family has made ever-more-wild accusations against everyone involved in Michael Jackson’s life— except themselves.

We look forward to telling the full, complete and accurate account of what actually happened, when the materials that were unlawfully leaked to the press can be put in context and the full story can legally be told. Until that time, defendants will continue to abide by their ethical obligations and the orders of the court.”

 

 

Penny Marshall: Debra Winger Dropped out of “League” Because of Madonna

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Everyone has a book this fall: Cyndi Lauper, Tony Danza, Alana Stewart, Rod Stewart, and so on. They’re all pretty interesting. But the one that’s got me enthralled right now is Penny Marshall’s “My Mother Was Nuts.” It’s absolutely hilarious and dead serious. Penny– one of the great people you meet who’s been a real Hollywood success–chronicles her journey from the Grand Concourse in the Bronx to life as a hit commercial film director (“Big,” “A League of their Own”) with writer Todd Gold. But it’s Penny’s raspy, punchline packed voice all the way through. You cannot put “My Mother Was Nuts” down. Just try.

Some tidbits: you know, she has recently survived a brain tumor and lung cancer. It’s a miracle. Her pal, Revlon’s Ronald Perelman, pulled out all the stops to help her. So did best buddies Carrie Fisher and Lorraine Bracco. One doctor told Penny she should be ready to “die with dignity.” She fired him immediately, thank god.

Her marriage to Rob Reiner almost didn’t happen, she said, because soon after they started dating, he had a nervous breakdown. They finally did tie the knot and had a successful union. She was on “Laverne and Shirley” and he was on “All in the Family.” But when the left his show, Reiner, she says, became unhappy about her success. It’s a typical Hollywood story. They didn’t divorce for six months after making the decision. Why? Richard Dreyfuss, who lived in their guest house, kept crying every time it was discussed.

There’s lots of good stuff about Penny’s films. Debra Winger, she says, dropped out of playing the lead in “A League of their Own” because Marshall cast Madonna in the film. “You’re making an Elvis film!” Debra told her. Geena Davis took over the role and won the audience over. The ending of the film–in which Penny showed the real women baseball players–inspired Steven Spielberg to use Holocaust survivors at the end of “Schindler’s List.” He asked Penny’s permission. She was happy to give it since he was the one who turned her on to directing.

Don’t miss this book! There’s so much about 70s and 80s TV, about the Marshalls and Reiners growing up in the Bronx and moving to L.A., and about Penny’s long friendship with Cindy Williams, who played Shirley to her Laverne. And there’s a funny scene of Penny meeting Hunter S. Thompson at a party. Plus lots about the original “Saturday Night Live.”

Nicely done. Bravo!

Rolling Stones: New Song Called “Doom and Gloom,” Concert Deal Not Yet Signed

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The Rolling Stones will release two new songs with a 48 song collection this fall. One of the songs is called “Doom and Gloom,” which may describe how the deal is going for the four show, $25 million project they were supposed to announce today. My source says the deal is not done, nothing’s been signed. So instead today’s announcement was that the Stones will release a 50 song boxed set of hits called “Grrrr!” to celebrate their 50th anniversary. There will two new songs– “Doom and Gloom,” and “One Last Shot.”

There are a bunch of different versions of this thing, with 3CDs, a booklet, and– just kidding– a hologram, a laser beam, and a set of Yo Yo’s with each Stones’ face engraved. If the prices for all these things are like the Brussels limited edition sets featured on the Stones website, then yikes. I don’t know, I expected more, not just “40 Licks” plus 10. A little disappointed? Well, it’s going to get better  I’m sure once they’re live and on stage. Don’t wanna be all “Doom and Gloom.”

“Grrr” will be released on November 12th.

Conflict? Hollywood Reporter, Billboard Owner Purchases Golden Globes, AMAs

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It happened: Guggenheim Partners, which owns the Hollywood Reporter and Billboard has bought — with minority partners– Dick Clark Productions. That means trade magazines that are supposed to cover awards shows now own them–the Golden Globes and the American Music Awards, among others. I don’t know how this is going to work. Guggenheim’s partners are Peter Guber’s Mandalay and Mosaic Media — the latter is run by the former chief of Dick Clark Productions, Allen Shapiro. But it’s Guggenheim’s money. They also own the Los Angeles Dodgers. More to come, because this still has to be approved by federal regulatory agencies. It will be interesting to see if anyone in Hollywood puts in a formal objection. They sure should try.

PS Variety and various blogs are reporting the story, but so far Nikki Finke’s Deadline.com is just ignoring the whole thing. Hilarious. It’s like waiting for a volcano to explode.

One other thing: all these years, the members of Hollywood Foreign Press has been accused of not really being journalists. Maybe now their work will turn up in THR, Billboard, and Adweek. Or maybe not.

UPDATE: This is hilarious. Deadline just put up the story but excised all mention of Guggenheim owning the Hollywood Reporter or Billboard. Too bizarre.

http://www.deadline.com/2012/09/guggenheim-partners-led-group-reaches-agreement-to-buy-dick-clark-prods/

Kelly Ripa Reveals New Co-Host: It’s Michael Strahan (Surprise!)

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Michael Strahan was just announced and presented as the new co-host of “Live.”  There’s some kind of weird synergy in the choosing of Michael Strahan as Kelly Ripa’s new permanent co-host today. Strahan played his whole career for the New York Giants. Wasn’t someone else connected to “Live” once a Giant legend, kids? Yes, Frank Gifford, husband of Kathie Lee, Regis’s long time partner before Kelly. And so it goes, the circle will not be unbroken. Let’s hope Straha takes a page from Regis Philbin’s playbook– he’ll have to go out three or four times a week, and bring back some good stories to entertain Kelly and the audience. What’s really cool: the new trend for African American male co-hosts of entertainment shows. Kevin Frazier’s on “The Insider.” E News just announced Terrence Jenkins as their co host with Giuiliana Rancic, and now Strahan. Maybe the world is evolving after all.

Michael Jackson: AEG Lawyers May Ask Court for Sanctions over Leaked Emails

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The lawyers for AEGLive, the company being sued by Michael Jackson’s family for his alleged wrongful death, are fuming. I am told they may ask the court for sanctions against the Jackson family and their attorneys as early as Tuesday over emails that were leaked to the Los Angeles Times last week. The emails, which the Times published, were sealed as part of the wrongful death suit as evidence. The court case won’t be heard until next year.

But my sources say that the Jacksons, desperate for money after their failed attempt to snatch Katherine Jackson this summer, are looking for sympathy in the court of public opinion. I’m told they selectively pulled a few emails from hundreds and turned them over to the Los Angeles Times in an effort to make AEGLive look guilty of somehow forcing Michael to perform 50 concerts in London.

The truth when the totality of the emails is uncovered in court will be quite different. Michael Jackson was in deep debt when AEG first proposed he do 10 shows at the O2 Arena. That was in the fall of 2008. Jackson waffled. But eventually he was persuaded to agree simply because he had no choice. In practical terms, he was broke. AEG offered him an easy way to make some decent money and get back on his feet.

One thing is true: on the way to the O2 Arena announcement in March 2009, Jackson freaked out. He got ripping drunk. The result can be seen in the video of the announcement. Michael is grinning from ear to ear, laughing, and has no idea what to say other than “This is it.” On the way to the announcement from London, he was petrified. He was very late arriving at the Arena, as well, making everyone wait.

What the LA Times has discounted is the documentary, “This Is It.” For as much as Michael was petulant, stubborn, lazy, scared, etc, he was also a perfectionist with certain specific abilities. The latter are seen in the film at the rehearsals that he did show up for. And no one at AEG Live was trying to kill him, or overwork him to the point of exhaustion. AEG wanted Michael to succeed. They let him handpick everyone from Dr. Conrad Murray to his chef to trainers etc.

Let’s not forget: on May 5th, 2009 Kevin Spacey’s former manager Joanne Horowitz ran into Michael at Dr. Arnold Klein’s office. Michael was in great shape and looking forward to the tour. (Link follows.) Jackson’s mental and physical status changed on a daily basis as the London shows loomed. Like any performer, there were days when he was excited and others when he was apprehensive.

read: http://www.showbiz411.com/2009/07/01/20090701jacko-michael-jackson-joanne-horowitz-studio-54-arnold-klein

Taylor Swift Has VMAs on Thursday, Conor Kennedy Has High School

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On Thursday a lot happens: while President Barack Obama makes a very important acceptance speech in Charlotte, North Carolina, Madonna will be playing at Yankee Stadium. Fashion Week will start in New York and Los Angeles with boutique-crawls. And the Toronto Film Festival opens with Rian Johnson’s “Looper.”

But more earth-shaking: while Taylor Swift performs at the MTV Video Music Awards in Hollywood, her 18 year old boyfriend Conor Kennedy is supposed to be at the first day for returning students at Deerfield Academy in western Massachusetts.

Kennedy is starting his junior year at Deerfield, a school famous its alumni including writer John Gunter, whose classic memoir “Death Be Not Proud” is set at the school. Returning students are mandated to be at school at 9:30am on the 6th, with a full day of classes on Friday.

It’s doubtful that with two years left til graduation Kennedy will be allowed an excuse to attend the VMAs at the Staples Center. Instead he will have to watch Swift, 22, sing “I Will Never Ever Date a Celebrity and Write a Song About It” from his dorm room. Taylor will sing the song with fingers crossed behind her back.Conor will no doubt be razzed by his buddies, who may not seen him since tragic death of his mother, Mary Richardson Kennedy, last May.

Recently, there were reports that Taylor sent a plane for Conor because she missed him so much wherever she was–Nashville, probably. But it’s unlikely that plane will be landing at Deerfield on Thursday morning.

Exclusive: Oscar Winner Paul Haggis on Tom Cruise Scientology Girlfriend: “I’m appalled that any church would treat its parishioners this way”

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EXCLUSIVE: Oscar winning “Crash” writer-director Paul Haggis has confirmed for me the story of Naz Boniadi, the beautiful Iranian born actress whom Scientology tried to groom as Tom Cruise’s girlfriend in 2004-2005. Vanity Fair has just released a teaser of their extraordinary story (kudos to Graydon Carter) about Cruise’s auditioning of women to be his wife in the months leading up to his choosing of Katie Holmes in April 2005. Haggis left Scientology two years ago, which I wrote about extensively. His exit was then chronicled in the New Yorker. Haggis confirms Boniadi’s saga, and tells me that she, too, has left the cult. Here’s his email to me from Rome, where he ‘s prepping a film. Haggis says he will have no other comment on this situation beyond this:

“I’ve known Nazanin for about three years.  I met her through a mutual friend when I was doing my own personal research into the allegations against Scientology, before I wrote my letter of resignation.  Naz was embarrassed by her unwitting involvement in this incident and never wanted it to come out, so I kept silent. However I was deeply disturbed by how the highest ranking members of a church could so easily justify using one of their members; how they so callously punished her and then so effectively silenced her when it was done.  It wasn’t just the threats; they actually made her feel ashamed, when all she had been was human and trusting.

After I wrote my resignation letter, a dozen or more “friends” and officials of the church repeatedly descended on me to demand that I destroy the letter and resign quietly.  I told them that wasn’t an option for me.  I also told them that I had more sources of information about the troubling nature of the organization then I was at liberty to divulge. This was one.

I’ve met quite a number of people who have been treated shamefully but are afraid to speak out.  This story will draw attention because of our fascination with celebrity.  Most of the others are just ordinary people whose stories, if told, would not appear in a magazine.  They live in fear of retribution, legal, financial or personal, even some famous ones.  They fear an incredibly wealthy organization that boasts that it seeks truth, empowers people, brings families together, encourages independent thought and free speech, and champions human rights.  I would like to say that i don’t know how its members, many of them good and intelligent people, can remain so purposely blind when they are faced with evidence like this every day, but then I am no one to talk.  I was happily blind for many years, so I know the shame that Naz feels.

In Naz’s case, she has no right to feel ashamed.  She is not only a terrific actress at the beginning of a very promising career, she is a dedicated human rights activist and a truly lovely and caring person. The last thing she wanted or needed is this kind of publicity, but here it is, and I am sure she will deal with it with the same grace and dignity she exudes in her daily life.   I’m appalled that any church would treat its parishioners this way, but Naz has never cast herself as a victim. She is strong and resilient and I am very proud to call her a friend.”

He adds in a second email:

“And FYI, in case this wasn’t clear, Naz quietly and privately resigned from the church a couple of years ago after several years of trying to handle this injustice internally, to no avail.”

Tom Cruise Dumped from Hollywood by Vanity Fair

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click here for today’s headlines

Well, it’s quite fascinating: Graydon Carter, never afraid of a bold move, has dumped Tom Cruise from the Hollywood elite. In the new issue of Vanity Fair, Carter has published a cover story by Maureen Orth exposing Tom Cruise’s entire background in Scientology. The magazine has used a pick-up picture — very very rare for them– of Katie Holmes on the cover to sell issues, just like People or Us Weekly. The party, my friends, is over.

By doing this, Carter slams right into friends at CAA, the agency that represents Tom. He also essentially ends any relationship with Cruise. Since I’m not able yet to read the entire story–and won’t be until tonight–I am only going by the teaser on the Vanity Fair home page and by comments made on the blog belonging to former Scientologist and very active outside revealer Marty Rathbun. It doesn’t look good, that’s for sure.

Here’s a link to one of my original stories from FoxNews.com, 2005. I notice Fox has erased my byline. Ah well. Anyway:

http://www.foxnews.com/story/0,2933,160192,00.html

VF and Orth, probably through Rathbun, have played a devasating card in the Cruise-Scientology story. They’ve gotten a 33 year old actress named Nazanin Boniadi, a real beauty with a lilting English accent, to tell how she was auditioned as a possible wife for Cruise in 2004. Boniadi, who later got a lot of TV work, was an ambitious Scientology student from 2000 to 2003. She worked her way up to “OT5”–Operating Thetan, level 5– in short order. She was being fast tracked to be a big celebrity Scientologist.

It may be that Boniadi has left Scientology now as she is very friendly with another escapee, director Paul Haggis, as well. But her story from 2004 tracks with stories I wrote the following year about women being auditioned to be Mrs. Cruise. Jennifer Garner, Scarlett Johnansson, and Kate Bosworth were on that list.

Katie Holmes, the youngest and most vulnerable, wound up the “winner.” I reported then exclusively that she left New York for a meeting with Cruise on “Mission Impossible 3” around April 12, 2005 and was not seen or heard from again for 16 days until she turned up in Rome as the love of Tom Cruise’s life. The situation progressed quickly from there. Katie cut off all her ties to friends and business associates. She became pregnant with Suri and married Cruise. And then it all fell apart quickly this past spring, seven years later.

On Sunday evening, once I’ve read Orth’s piece, I’ll address other issues. But for now, just the notion that Vanity Fair–once very friendly to Cruise–has pulled the trigger is fascinating and brave of Carter. He senses that Cruise is “done” in Hollywood anyway. His power has been sapped by Holmes’s sneak attack this summer–a divorce in 11 days–unheard of.

And it’s not just CAA that Carter is toying with. It’s also Cruise’s legendary pit bull attorney Bert Fields. Because for Vanity Fair to take this on brings the discussion to a higher level than when it’s been in a tabloid. It’s also going to make it nearly a mission impossible for Cruise to publicity for his next film at Christmas without all of this being a major issue. Cruise may now have a seat next to Mel Gibson in Hollywood’s permanant penalty box.

Meanwhile, Boniadi remains fascinating, too. The Iranian born actress makes no mention of her deep (former?) association with Scientology on her website. It’s all about her work with Amnesty International now. Raw ambition in Hollywood–it’s the stuff of Jackie Collins novels. In fact, if I were my pal Jackie, I’d be typing right now as fast as I could. The rise of Naz Boniadi is a classic.

More tonight…

 

 

Hal David, Genius and Gentle Poet of Hit Songs, 91

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Hal David died today at 91. It’s a little heartbreaking for anyone lucky enough to have known him. He was a genius, and a gentle poet, a master lyricist whose hits with Burt Bacharach and others will live on forever, literally. I knew Hal through the Songwriters Hall of Fame, which he headed up for years as president until right after his 90th birthday. He never missed a meeting in New York or anywhere else. He was so devoted to young songwriters that the Starlight Award was renamed in his honor so that Alicia Keys, John Legend, Drake, NeYo and others would benefit and be encouraged by his enormous legacy.

Aside from his family and Burt Bacharach, the person I immediately thought of tonight was Dionne Warwick. What a year: she lost cousin Whitney Houston in February, and now Hal. Dionne’s work with Bacharach and David is indeed legendary, producing dozens of hits that are staples of the American songbook. And while occasionally other artists like Aretha Franklin or Dusty Springfield would cover Dionne’s B-D hits, it was always Dionne’s version that was the standard.

Hal’s poignant, brilliant lyrics were brought to life by Dionne, who could never sold those hits unless there was substance to their poetry. Showstoppers like “A House is Not a Home” and “Walk on By” were hummable because of Burt. But they were memorable because of Hal. He did what no one does now, and few did in the past: create stories within the rhymes. You can identify with the songs because of the words in them, and the notions that are expressed. When Dionne sings “Don’t Make Me Over,” at first she sounds scared someone will, then sounds a warning if they do. Amazing.

Burt Bacharach, who is just as great, was always flashier. He had celebrity marriages and sought the spotlight. Hal was a quiet guy, introspective, and mild mannered. At the Songwriters Hall of Fame, which he and Linda Moran rebuilt a decade ago, he was a leader par excellence. He loved the new stars who were real songwriters, and wasn’t afraid to voice his opinion about contemporary music. He was succeeded last year as president by a younger version of himself, Jimmy Webb. But he will never be forgotten, and will always be celebrated about ten times a day on the radio at least.

And remember, a house is not a home, but a record is not a song without great lyrics.

http://www.youtube.com/watch?v=CbpdWloH3s0

http://www.youtube.com/watch?v=STKkWj2WpWM

http://www.youtube.com/watch?v=FqUnznxa29g