Whitehead v. The Walt Disney Company

Background

The judgment identifies David Louis Whitehead as the plaintiff and The Walt Disney Company, Hulu, LLC, and National Geographic Partners, LLC as defendants. It refers to allegations that the “Genius Aretha” series infringed Whitehead’s works. The provided text is the judgment and does not include the court’s underlying Opinion and Order or the parties’ detailed arguments.

Ruling

The court adopted the report and recommendation in full, granted the motion to dismiss, and dismissed the complaint with prejudice. “With prejudice” means the complaint cannot be refiled in the same form.

The court also entered an anti-filing injunction. From the date of the Opinion and Order, Whitehead is barred from filing in any United States district court an action, motion, petition, complaint, or request for relief against the defendants concerning allegations that the “Genius Aretha” series infringed his works unless he first obtains leave from this court. Any request for permission must use the caption “Request for Permission to File under Filing Injunction” and be submitted to the court’s Pro Se Intake Unit with the proposed filing. The judgment states that violations may result in denial of the filing and sanctions, including monetary penalties or contempt.

The injunction does not prevent Whitehead from appealing the Opinion and Order to the Second Circuit Court of Appeals. The case was closed.