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Case 2:15-cv-09631-MWF-KS Document 66 Filed 01/13/17 Page 1 of 3 Page ID #:1098

1 GREENBERG TRAURIG, LLP


JEFF E. SCOTT (SBN 126308)
2 ScottJ@gtlaw.com
H. CHIEFFO (SBN 49069)
3 VINCENT
ChieffoV@gtlaw.com
4 JORDAN D. GROTZINGER (SBN 190166)
GrotzingerJ@gtlaw.com
5 REBEKAH S. GUYON (SBN 291037)
GuyonR@gtlaw.com
6 1840 Century Park East, Suite 1900
7 Los Angeles, CA 90067-2121
Telephone: 310-586-7700; Facsimile: 310-586-7800
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Attorneys for Defendants NBCUniversal Media, LLC,
9 erroneously sued as NBCUniversal, Inc.; OShea Jackson Sr.,
p/k/a Ice Cube; Andre Young, p/k/a Dr. Dre; The Estate of Eric
10 Wright, p/k/a Eazy E; Tomica Woods-Wright, individually and
11 as the personal representative of The Estate of Eric Wright;
Comptown Records, Inc.; Xenon Pictures, Inc., sued as Xenon
12 Pictures, Inc./Xenon Entertainment Group; Jonathan Herman;
Andrea Berloff; S. Leigh Savidge; and Alan Wenkus
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

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17 GERALD E. HELLER, an individual,
Plaintiff,

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19 vs.
20 NBCUNIVERSAL, INC., et al.,
Defendants.

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CASE NO. 2:15-cv-09631-MWF-KS


DEFENDANTS RESPONSE TO
MOTION TO SUBSTITUTE ESTATE OF
GERALD E. HELLER, DECEASED, IN
PLACE OF PLAINTIFF GERALD E.
HELLER AND RESERVATION OF
RIGHTS
Filed Concurrently with the Declaration of
Rebekah S. Guyon

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Date:
Time:
Dept.:

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February 6, 2017
10:00 a.m.
Courtroom 5A

Action Removed: December 15, 2015

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Case 2:15-cv-09631-MWF-KS Document 66 Filed 01/13/17 Page 2 of 3 Page ID #:1099

Defendants respond to the Motion to Substitute Estate of Gerald E. Heller,

2 Deceased, in Place of Plaintiff Gerald E. Heller (Dkt. 65) (Motion) as follows:


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On December 6, 2016, Terry Heller, filed in the Los Angeles Superior Court a

4 Petition for Probate of Will and for Letters Testamentary (Petition) seeking to be
5 appointed the personal representative of Gerald E. Heller (Deceased). The Superior
6 Court set an appointment hearing on the Petition on January 13, 2017 at 8:30 a.m.
7 Counsel for Defendants, Rebekah S. Guyon, attended the appointment hearing. See
8 Declaration of Rebekah S. Guyon in Support of Defendants Response to Motion to
9 Substitute Estate of Gerald E. Heller, Deceased, in Place of Plaintiff Gerald E. Heller and
10 Reservation of Rights (Guyon Decl.) 2. At the hearing an objection to the
11 appointment of Terry Heller as the personal representative to administer Plaintiffs Estate
12 was asserted on behalf of Jennifer Harper. Guyon Decl. 3. Ms. Harper also apparently
13 refers to herself on social media as Jennifer Harper-Heller. Ms. Harper intends to seek
14 appointment as the administrator of Plaintiffs estate on the grounds that her interests in
15 JH Media Group LLC, an entity allegedly jointly owned by Ms. Harper, Plaintiff, and a
16 third party, would be affected by the administration of the Estate. Guyon Decl. 3. The
17 Superior Court set a deadline of February 10, 2017 for Ms. Harper to file an objection to
18 the appointment of Terry Heller, and the Superior Court continued the appointment
19 hearing regarding Plaintiffs Estate to March 10, 2017. Guyon Decl. 4.
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Defendants assert that the Court should not substitute Terry Heller as the personal

21 representative of the Estate of Gerald E. Heller for the Plaintiff in this action unless and
22 until Terry Hellers alleged status as the personal representative of the Plaintiffs Estate is
23 confirmed by the Superior Court. In the event that the Superior Court denies Terry
24 Hellers Petition or the Superior Courts ruling thereon otherwise affects the Motion,
25 Defendants reserve the right to raise such issues with this Court, and may seek leave to
26 file a supplemental response or opposition to the Motion.
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Defendants further reserve all rights and defenses on the merits, and will address at

28 the appropriate time in the litigation what, if any, claims or damages may be pursued or

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Case 2:15-cv-09631-MWF-KS Document 66 Filed 01/13/17 Page 3 of 3 Page ID #:1100

1 are abated. Nothing herein should be construed as an admission or acceptance of any of


2 Plaintiffs characterizations on these issues
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4 DATED: January 13, 2017
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GREENBERG TRAURIG, LLP


By: /s/ Jeff E. Scott
Jeff E. Scott
Attorneys for Defendants NBCUniversal Media,
LLC, erroneously sued as NBCUniversal, Inc.;
OShea Jackson Sr., p/k/a Ice Cube; Andre Young,
p/k/a Dr. Dre; The Estate of Eric Wright, p/k/a
Eazy E; Tomica Woods-Wright, individually and
as the personal representative of The Estate of Eric
Wright; Comptown Records, Inc.; Xenon Pictures,
Inc., sued as Xenon Pictures, Inc./Xenon
Entertainment Group; Jonathan Herman; Andrea
Berloff; S. Leigh Savidge; and Alan Wenkus

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LA132895493