The 1984 film “This Is Spinal Tap” might be a beloved cult classic, but it was far from a blockbuster. At least that’s the assertion in a new filing relating to the $400 million lawsuit revolving around the movie.
In papers filed Tuesday, Vivendi and Studiocanal say that “Spinal Tap” stars Harry Shearer, Christopher Guest, Michael McKean and Rob Reiner should be dropped from the suit, because they lack the standing to file a claim.
While expressing “genuine admiration for the talents” of Shearer, et al, Tuesday’s motion to dismiss claims that they don’t “have any right to file this lawsuit, nor any basis to hurl its irresponsible and untrue accusations against defendants.”
The suit claims that, under the contract for the film, only Spinal Tap Productions [STP] — also listed as a plaintiff — has the right to have records for the audit of records for the film, and it never did so.
“Had plaintiffs investigated their lawsuit before filing it … they would have learned that they have no basis on which to assert any claims concerning the calculation and payment of the ‘Spinal Tap’ participation,” Tuesday’s motion reads.
The motion also says that Shearer and his colleagues waived their right to sue, and that only STP has the right to sue.
As for the $400 million payday that the suit is seeking, Tuesday’s motion offers a “reality check” for Shearer and crew.
Vivendi and the other defendants “have not received anything close to the $400 million in contingent compensation that their complaint absurdly claims they should have received,” the motion reads.
“As a reality check on this lawsuit, even though ‘Spinal Tap’ has garnered affection in the United States, it has generated U.S. theatrical revenue of under $5 million,” the motion states. “Revenue from other sources and territories has been similarly modest.”
Shearer, who played Spinal Tap bassist Derek Smalls in the 1984 mockumentary, initially filed his lawsuit in October, asking for at least $125 million. Shearer claims that Vivendi, which eventually ended up with rights relating to the film, has engaged in “anti-competitive and unfair business practices,” and “willfully concealed and manipulated years of accountings to retain monies due and owing to plaintiff.”
Earlier this month, Guest, Rob Reiner and Michael McKean came aboard the suit, bringing the alleged damages up to “not less than $400 million.”
February’s amended complaint claimed that, “according to Vivendi, the four creators’ share of total worldwide merchandising income between 1984 and 2013 was $81.” Yes, just $81. Between 1989 and 2006 total income from music sales was just $98, the plaintiff also claimed. “Over the past three years, Vivendi has failed to provide accounting statements at all,” the complaint read.
In addition to asking that Guest, Reiner and McKean be dismissed from the suit (and that Shearer be mostly dismissed from it), the Vivendi motion is asking that the fraud count be dropped altogether.
Pamela Chelin contributed to this report.
Hollywood's Most Outrageous Lawsuits (Photos)
Between Lindsay Lohan firing back at Fox News, Mariah Carey allegedly short changing her domestic help, and Sly Stone winning millions after suing his ex-manager -- stars often turn to the courts to address their squabbles and strife.
Lindsay Lohan filed suit against Fox News and Sean Hannity on Feb. 2, 2015, after a news correspondent accused Lohan's mom of snorting cocaine with her troubled daughter. It didn't take long for Fox to fire back. “We will defend this case to the fullest,” the network told TheWrap the next day.
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A former nanny for Mariah Carey and Nick Cannon filed a lawsuit on Jan. 28, 2015, alleging she was fired after showing the couple's kids too much affection and did not receive overtime pay despite working 100 hours per week.
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Legendary funk artist Sly Stone won $5 million on Jan. 27, 2015, after suing his former manager and entertainment attorney for misappropriating royalties owed him for more than 20 years.
Former “Real Housewives of Orange County” executive producers Patrick Moses and Kevin Kaufman filed a suit against Bravo in Nov. 2014, claiming they were deceitfully ousted from the show and bilked out of millions of dollars after helping to create the show and the franchise.
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Jessie Nizewitz, a contestant on VH1’s “Dating Naked,” filed suit in New York in Aug. 2014, seeking $10 million in damages for emotional distress, humiliation and embarrassment after the show allegedly failed to properly blur her genitals.
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Octavia Spencer was awarded $940,000 in Dec. 2014 after claiming a weight loss company, Sensa Products Inc., wrongfully fired her from an endorsement deal and still owed her money.
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Former Tinder executive Whitney Wolfe filed a sexual harassment lawsuit against her former company June 2014, alleging she was repeatedly called a "whore" by CMO Justin Mateen and was stripped of her co-founder title simply for being a woman.
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Former TMZ producer Jarrett Gaeta slapped his former employer with a lawsuit in June 2014, claiming he was wrongly terminated. Gaeta was let go after a subordinate accused him of "racist behavior," including defending blackface and sending pictures of watermelons to African-American employees.
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CNN America was sued in Aug. 2014 by a pair of plaintiffs who claim that correspondent Arwa Damon bit one of them and threatened both during a drunken altercation at the U.S. Embassy in Baghdad.
"Boardwalk Empire" actress Paz de la Huerta sued Lionsgate in Aug. 2014 claiming she was run over by an ambulance while filming "Nurse 3D." Lionsgate filed a motion to dismiss, which De La Huerta opposed on Jan. 23, 2015. Lionsgate then opposed her opposition on Jan. 30, 2015, in a seemingly neverending loop of opposing motions.
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Rapper Rakim Mayers, aka A$AP Rocky, was sued in civil court in June 2014 for allegedly assaulting a woman while making his way through a crowd during the 2013 Made in America Festival.
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Nicki Minaj’s former hairstylist and wig designer filed a $30 million lawsuit against the rapper in 2014 for allegedly stealing his wig designs and costing him a potential reality show. A judge later dismissed the case for lack of sufficient evidence.
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Kim Kardashian and Kanye West filed suit against YouTube founder Chad Hurley on Oct. 31, 2013, claiming he posted a video of the couple’s surprise engagement to his website without permission. The process was delayed when Hurley’s reps filed an anti-SLAPP motion in an attempt to have the case dismissed.
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Jahmel Binion filed a lawsuit against Shaquille O’Neal in July 2014 when O’Neal posted a photo to his Instagram account mocking Binion, who suffers from a rare condition that causes facial abnormalities, sparse hair and missing teeth. Binion claimed defamation, emotional distress and invasion of privacy in the $25,000 lawsuit, and after pressure from the public O’Neal apologized.
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In 2014 singer Chris Brown was mentioned in a lawsuit filed by the cousin of artist Frank Ocean. The defendant claimed Brown and an associate allegedly kicked and punched him when he confronted them about parking in a spot designated for Ocean at a Los Angeles recording studio. Ocean, who was also injured, later said he wouldn't seek criminal or civil penalties.
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From embezzlement to slander, there’s no shortage of celebrity court action
Between Lindsay Lohan firing back at Fox News, Mariah Carey allegedly short changing her domestic help, and Sly Stone winning millions after suing his ex-manager -- stars often turn to the courts to address their squabbles and strife.