, but he has yet to rule on the agencies’ motion to dismiss the guild’s counterclaims against them. Oral arguments on that motion were held on January 24.
The 16 document at issue, the agencies said in their motion, concern the guild’s counterclaims “that might well be dismissed in the near future. For example, counterclaimants’ requests for every interagency communication dating back to 1999, and requests seeking virtually anything and everything relating to the Agencies’ dealings with the Association of Talent Agents relate exclusively to their price-fixing and group boycott counterclaims.
To bolster their belief that the court may dismiss all or part of the guild’s counterclaims, the agencies pointed to the judge’s own words at the last oral arguments in the case. “At the hearing on the agencies’ motion to dismiss,” they said, “the Court raised serious concerns about the viability of the WGA’s counterclaims. The Court’s very first question asked counsel to ‘assume, okay, that I – that somehow the guilds don’t have standing to bring this antitrust claim.
“As the Court put it, the Counterclaim allegations seemed to simply suggest, ‘if anything, that people didn’t want to negotiate,’ rather than a conspiracy not to bargain.
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