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Mann Update

On Monday Estate has filed a motion objecting every one of Mann's witnesses. Estate still maintains the position that the trial is about determining damages and every other topic & witness is irrelevant. 

Today Estate has filed a trial brief. In that trial brief Estate is saying that as they only plan to seek actual damages, Mann/ Vaccaro's state of mind, intent and good faith is irrelevant. Estate says if the court says Mann / Vaccaro's state of mind / intent is irrelevant , Estate will not seek punitive and statuary damages and only will pursue actual damages. However Estate says if the court allows the state of mind be a defense (meaning it was an innocent mistake etc. argument) Estate will counter that and seek punitive and statuary damages. 

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August 10, 2012 Update 

Document : http://www.scribd.com/doc/102574251/Mann-Mj-Estate-Partial-Summary-Judgement

Court has GRANTED the partial summary judgement request of MJ Estate. 

As you know MJ Estate had filed their motion for summary judgement and Mann / Vaccaro had filed their oppositions for some and not all of Estate's requests. 

Court found out that Estate has met burden of proof in regards to the following and granted them summary judgement 

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Mann has filed his response to the Estate's motion for partial judgement

 

 

- Mann says Jackson's (Joe, Katherine) had formed "Jackson Communications Inc" (Jermaine was president) and was planning on opening restaurants called "Jackson Street" and they granted memorabilia including music and video recordings to be used in those restaurants.

 

- Mann states therefore the assets and their intellectual property in question are owned by Joe & Katherine and not Michael. They state Joe and Katherine also claimed ownership of the assets.

 

- Mann furthermore argues that Joe is the owner of Jackson variety show - as he was the producer and Michael and his siblings were under contract to work for Joe and Joe owns the concert photographs as he hired the photographers.

 

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Vaccaro on his deposition said that Mann approached to him telling that he has a deal brewing with Katherine Jackson.

Mann / Vaccaro signs an agreement for a documentary on September 29, 2009.

Mann / Vaccaro joint company agreement is signed on October 19, 2009.

Mann gets Joe and Katherine to sign sworn statements in November 22, 2009.

Mann signs the deal with Katherine on February 3, 2010. 

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Some tidbits

 

My tweets about Mann deposition

 

(showing Mann Vintage Pop logo with Smooth criminal lean) Q = Do you know who that person is? Mann: It's Michael Jackson

 

(Mann's lawyer argues whether it's a photo,image or design) Q= regardless of what it is, do you recognize it's the silhouette of a person ?

 

Mann: Yes Q= Do you know who? Mann = I know who it intended to look like. Q = Who is that? Mann = Michael Jackson

 

Mann then argues it's not the smooth criminal lean because it's a drawing and the lean is at a different angle - arranged to fit their logo

 

Mann's lawyer Durst = "and we all know that Michael stole it from Fred Astaire".

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