45-page sworn declaration - Business Insider
45-page sworn declaration - Business Insider
45-page sworn declaration - Business Insider
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Mitchell<br />
Silberberg &<br />
Knupp LLP<br />
Case 2:11-cv-10294-MMM-JCG Document 117 Filed 11/13/12 Page 3 of <strong>45</strong> Page ID<br />
#:1995<br />
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four items of Mr. Morawski’s Light Art in 1991 and paid him $4,000. Ultimately,<br />
Burning Chrome was not produced.<br />
6. Subsequently, in or around January, 1992, Mr. Morawski asked that I<br />
loan him money because he said he was in desperate financial straits. Since I had<br />
been a struggling artist myself in my post-college years, I was sympathetic. I<br />
loaned him $5,000. It was never repaid.<br />
7. I understand that Mr. Morawski claims that he pitched me the story<br />
for Avatar in 1991. He claims that he did so in a “project” of his entitled<br />
“Guardians of Eden.” I have no recollection of Mr. Morawski pitching me<br />
“Guardians of Eden.” In any case, his “Guardians of Eden” project was certainly<br />
not the basis of Avatar or any element within it. As addressed by others in<br />
connection with this motion, Plaintiff’s “Guardians of Eden” does not materially<br />
resemble Avatar in any way whatsoever. In this regard:<br />
a. Lightstorm has in its possession a written document entitled<br />
“Conceptual Summary of ‘Guardians of Eden,’” which apparently was submitted<br />
by Mr. Morawski, a true and correct copy of which is attached as Exhibit 1. The<br />
document does not constitute the story of Avatar.<br />
b. Lightstorm also has in its possession a set of pitch notes from<br />
Anne Damato, dated December 4, 1991, a true and correct copy of which is<br />
attached as Exhibit 2. Ms. Damato was a Lightstorm employee and her job<br />
responsibilities at the time included attending pitch meetings and writing down<br />
pitches as presented. Ms. Damato’s notes reflect that there was a pitch meeting<br />
with Mr. Morawski on or about December 4, 1991. But her notes do not reflect<br />
that Mr. Morawski pitched the story of Avatar or anything remotely like it. Rather,<br />
her notes are consistent with the story contained in Mr. Morawski’s “Conceptual<br />
Summary.” Simply stated, Mr. Morawski’s “Guardians of Eden” story as reflected<br />
in his written submission, and as reflected in Ms. Damato’s notes, is not Avatar. In<br />
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DECLARATION OF JAMES CAMERON
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