Since the Watchmen legal case has now officially entered the twilight zone, a recap of events from the past few days seems useful. First, a joint stipulation agreement and a permanent injunction application were filed in the case. Soon after, Warner Brothers asked to move the January 20, 2009 hearing to January 12, 2009. In addition to reports that the Watchmen case may soon be settled, there is now information indicating that one of the more publicized issues in the case has been resolved.

Some might recall that Motion in Limine Number 2 sparked speculation about studio infighting, specifically due to the fact that the motion was about the relevance of (a) Fox’s budgets for recent pictures; and (b) details of Fox studio executive Tom Rothman’s contract. On January 8, 2009, Warner Brothers filed an application to withdraw their opposition to Fox’s Motion in Limine Number 2. Additionally, Warner Brothers requested that this information be placed under seal in accordance with a protective order between Warner Brothers and Fox that was filed in September 2008. At the apparent behest of Fox, Warner Brothers even went so far as to file an ex parte application to shorten the amount of time it would take Judge Feess to issue an order regarding the application. Judge Feess implemented the request on January 9, 2009 and the document is now off the public record. Anyone who has a copy should speak up!

Warner Brothers ex parte application provides the following reason for this maneuver (citations removed):

When Warner Bros. filed its Opposition, it inadvertently did not file it under seal. On January 6, 2008, Fox brought this to Warner Bros.’ attention and requested that Warner Bros. file the Opposition under seal. The next day, Warner Bros. manually lodged the Opposition, requesting that it be filed under seal. Warner Bros. asked that Fox stipulate to the withdrawal of the Opposition found at Docket No. 231, but Fox requested that Warner Bros. proceed by means of an ex parte application, which Fox said that it would not oppose.