‘Black Swan’ Intern Strikes Back at Fox Searchlight

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Attorney for intern tries to block Fox Searchlight's request for a stay in 'Black Swan" intern litigation

A former intern who worked on the 2010 ballet drama "Black Swan" and who won a judgment from Fox Searchlight Pictures is now asking that the company to stop dancing around the matter.

An attorney for former intern Eric Glatt filed a memo in U.S. District Court in New York on Monday, asking that Fox Searchlight's request for a stay of all proceedings in the case be denied.

Glatt's lawyer also asked the court to order Fox Searchlight to produce contact information for other members of the class in the class-action suit so it could move forward with the case.

According to the memo from Glatt's attorney, the court directed Fox Searchlight on June 11 to undertake a search for contact information for other individuals who could be included in the class-action suit. However, the memo claims, in the subsequent weeks "Defendants have steadfastly refused to produce this information, despite Plaintiffs' repeated requests."

Also read: Fox Searchlight Appeals 'Black Swan' Lawsuit: What Is an 'Intern,' Anyway?

Last month, an attorney for Fox Searchlight asked judge William H. Pauley III for an interlocutory appeal in the case while certain controlling questions of law were cleared up. The request asked that the court to address two questions. Namely, "What is the test for determining whether an unpaid intern has been misclassified and is entitled to compensation as an employee?" and "What legal standard applies at the post-discovery stage in the FLSA conditional certification context?"

Also read: Has Hollywood Ignited an Intern Uprising? Examining the Brewing Revolution

In June, Pauley found that Glatt and fellow "Black Swan" intern Alexander Footman deserved to be compensated for the work they did on the film, per the Fair Labor Standards Act [FLSA] and New York labor law.

Pauley also found that a third intern, Eden Antalik — who worked at Fox Searchlight's New York office — can pursue a class-action complaint against the company.

Also read: 'Black Swan' Intern: Court Ruling Should 'Serve as a Warning' to All Employers

In the memo filed on Monday, Glatt's attorney argued that there's no basis to Fox Searchlight's request to stay the litigation, since "Defendants' appeal is unlikely to be granted."

Glatt's lawyer argues that Fox Searchlight would not suffer "irreparable injury" from having to search for the contact information, and that "staying the prosecution of claims potentially affecting a broad swath of the American economy is not 'in the public interest.'"

The attorney also claims that the class members could suffer potential injury by the delay, and that the case should move forward due to concerns over the statute of limitations.

Pamela Chelin contributed to this report.

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