Descriptive Summary
Laguna Pacific v. David Carter legal
papers
1980-1985.
1983-1985.
Coll2008-013
Unknown
4 archive cartons.
1.4 linear feet.
ONE National Gay and Lesbian Archives.
Los Angeles, California 90007
Photocopy legal records relating to the lawsuit
(1983-1985) brought by Laguna Pacific, the production company of gay adult
filmmaker George Fisher (aka William Higgins), against David Beckmann (aka
David Carter) for unauthorized selling of authentic copies, and selling
counterfeit copies, of the former's films. The materials include extensive
photocopies of the defendant's financial records, which illustrate the business
aspects of the gay adult film industry in the early 1980s.
Languages represented in the collection:
English
Access
The collection is open to researchers. There are no access
restrictions.
Publication Rights
Researchers wishing to publish materials must obtain permission in
writing from ONE National Gay and Lesbian Archives as the physical owner.
Researchers must also obtain clearance from the holder(s) of any copyrights in
the materials. Note that ONE National Gay and Lesbian Archives can grant
copyright clearance only for those materials for which we hold the copyright.
It is the responsibility of the researcher to obtain copyright clearance for
all other materials directly from the copyright holder(s).
Preferred Citation
Laguna Pacific v. David Carter legal papers, Coll2008-013, ONE National
Gay and Lesbian Archives, Los Angeles, California.
Acquisition Information
Date and method of acquisition unknown.
Appraisal
United Presbyterian Church Task Force to Study Homosexuality Packet 2,
dated July 1, 1977, found with the collection, appears to have no connection
with it, and was removed to the ONE National Gay & Lesbian Archives subject
files.
Processing Information
Formerly housed in box 103-053. Collection processed by Michael P.
Palmer, April 30, 2008.
Administrative History
In late 1983, investigators for Laguna Pacific, the holder of copyrights
to several adult gay motion pictures, including all the films of director
William Higgins (real name: George Fisher), learned that David Carter (real
name: David Beckmann), through a mail-order firm he had set up called Malibu
Video, was selling counterfeit copies of Laguna Pacific's copyrighted films at
prices far lower than those charged by Laguna Pacific. In December 1983, Laguna
Pacific filed a lawsuit in US District Court for the Central District of
California, in Los Angeles, against Carter for violation of copyright, unfair
competition, trade libel, and racketeering. In January 1984, Carter agreed to a
preliminary injunction enjoining him from continued sales of Laguna Pacific
films pending the outcome of the trial; a month later, Laguna Pacific agreed to
permit Carter to recommence sales of authentic copies of Laguna Pacific films.
However, in May and July 1984, Laguna Pacific discovered that Carter had
continued to ship counterfeit Laguna Pacific tapes, and had established a new
business, Universal Video, which continued the practices of Malibu Video. In
September 1984, the judge hearing the case found Carter in contempt of the
injunction of January 1984, and in February 1985, ordered him to pay Laguna
Pacific $103,112.19 damages, $17,062.23 in attorneys fees, and $2,687.50 costs.
The outcome of the case is not apparent from the records on hand, the last of
which are a series of depositions by David Carter in September 1985.
Scope and Content of Collection
The collection consists of photocopies of materials relating to the
lawsuit (1983-1985) brought by Laguna Pacific, the production company of gay
adult filmmaker George Fisher (aka William Higgins), against David Beckmann
(aka David Carter) for unauthorized selling of authentic copies, and selling
counterfeit copies, of the former's films. Approximately half the materials are
legal papers, including motions, briefs, and depositions; the remainder are
copies of the defendant's financial records. The records illustrate how gay
adult films were marketed and distributed in the early 1980s, the high
financial stakes, the ethically fluid business practices of the participants,
and their relationships with one another.
Indexing Terms
The following terms have been used to index the description of this
collection in the library's online public access catalog.
Beckmann, David
Carter, David (pseudonym for David
Beckmann)
Fisher, George
Gay erotic films
Gay erotic videos
Higgins, William (pseudonym for
George Fisher)
Laguna Pacific
Laguna Pacific v. David Carter
(1983)
Malibu Video
Container List
Correspondence
April-October
1984 1 : 1
Legal Documents
1983-1985
1 : 2-42 ; 2 : 1-30 ; 3 : 1-21 ; 4 :
1
List of legal documents
1983-September
1984 4 : 1
(Oversize)
Verified complaint
December 27,
19831 : 2
Plaintiff's application & supporting memorandum of law
for impound order; temporary restraining order & order to show cause re
preliminary injunction
December 27,
19831 : 3
Supplemental declaration of Brian Mullenix
December 27,
19831 : 4
Impound order, temporary restraining order & order to
show cause re preliminary injunction
December 28,
19831 : 5
Summons to defendant
December [28],
19831 : 6
United Pacific Insurance Co. bonds for: 1. Undertaking for
order of impoundment, 2. Undertaking on temporary restraining order
December 29,
19831 : 7
Papers concerning modifications of impound
order
December
29-31, 19831 :
8
Draft inventory of seized items
January 4,
19841 : 9
Declaration of Theresa A. Wagner
January 4,
19841 : 10
Declaration of Brian Mullenix to United States Marshal per
court's order of Dec. 31, 1983
January 5,
19841 : 11
Papers relating to plaintiff's application for order
permitting early discovery
January 6,
19841 : 12
Deposition notice & subpoena to Betty Jane Kerr aka
Betty Kerr aka Betsy Kerr aka Kitten Kerr
January
9-11, 19841 :
13
Defendant's points & authorities in opposition to
motion for preliminary injunction
January 11,
19841 : 14
Plaintiff's reply to defendant's memorandum in opposition
for preliminary injunction
January 15,
19841 : 15
Declaration of Sasha Ford in support of motion for
preliminary injunction
January 16,
19841 : 16
Defendant's proposed stipulation & order to extend
time to answer complaint
January 17,
19841 : 17
Plaintiff's proposed preliminary injunction
January 23,
19841 : 18
Answer of David Beckmann
February 21,
19841 : 19
Notice of taking deposition of Brian Mullenix
February 24,
19841 : 20
Order to show cause re: non-compliance with local rule
6.2
April 13,
19841 : 21
Plaintiff's motion to strike answer & enter default
for noncompliance with local rule 6, and/or sanctions
April 20,
19841 : 22
Plaintiff's proposed early meeting report in response to
order of April 13, 1984
April 20,
19841 : 23
Notice to counsel re early meeting report
May 4, 1984
1 : 24
Plaintiff's proposed joint status conference
report
May 5, 1984
1 : 25
Papers concerning plaintiff's unilateral status conference
report
May 11,
19841 : 26
Defendant's unilateral status conference
report
May 16,
19841 : 27
Defendant's opposition to motion to strike answer &
enter default for noncompliance with local rule 6, and/or sanctions
May 16,
19841 : 28
Declaration of Stuart Goldfarb in support of plaintiff's
motion to strike answer
May 19,
19841 : 29
Declarations of Christian Mann, Sacha Ford, & Kemper
Wessel, in support of plaintiff's proposed order to show cause re
contempt
May 23-25,
19841 : 30
Papers relating to plaintiff's application for order to
show cause re contempt, temporary restraining order & order to show cause
re preliminary injunction
May 30,
19841 : 31
Notice to defendant of deposition & request for
production of documents
May 30,
19841 : 32
Undertaking on behalf of defendant by United Pacific
Insurance Co. on temporary restraining order
May 31,
19841 : 33
Notice of taking deposition of United Parcel Service &
production of documents
May 31-June
1, 19841 : 34
Transcript of court proceedings
June 7,
19841 : 35
Declaration of David Beckmann
June 12,
19841 : 36
Deposition of David Carter
June 21,
19841 : 37
Notice of taking deposition of Bank of Marina Del
Rey
June 21,
19841 : 38
Notice to defendant of deposition & request for
production of documents
June 21,
19841 : 39
Deposition of David Carter by Theresa Wagner
June 24,
19841 : 40
Order re mandatory status conference
July 6,
19841 : 41
Delivery of documents (plaintiff's exhibits
1-20)
July 10,
19841 : 42
Defendant's deposition of George Fisher [William Higgins],
Volume 1
August 17,
19842 : 1
Defendant's deposition of George Fisher [William Higgins],
Volume 1. Confidential business sections
August 17,
19842 : 2
Notice of taking depositions of Lloyds Bank, Bank of
America, Donovan for Printing, & Continental Coin Co.
August 20,
19842 : 3
Request for production of documents
August 20,
19842 : 4
Notice pursuant to CCP 1985.3 that records are sought
& cerficiation of compliance with CCP 1985.3
August 23,
19842 : 5
Declarations of Jack Wilbanks and Lauren St. James, of
Beverly Hills Mail & Answering Service
August 24,
19842 : 6
Declaration of Kemper Wessel
August 25,
19842 : 7
Papers relating to plaintiff's application for order to
show cause re contempt, temporary restraining order & order to show cause
re preliminary injunction; memorandum of law
August 27,
19842 : 8
Notice of taking deposition of Raymond E.
Fryson
August 28,
19842 : 9
Order to show cause re preliminary injunction &
contempt
August 28,
19842 : 10
Notice of taking deposition of First Interstate Bank of
Nevada
August 28,
19842 : 11
Declaration of W. Michael Mayock in opposition to granting
of preliminary injunction or contempt citation
September 7,
19842 : 12
Plaintiff's early meeting report
September 14,
19842 : 13
Plaintiff's proposed order of contempt; findings of fact
& conclusions of law in support of order of contempt
September 17,
19842 : 14
Modification re preliminary injunction
September
14-27, 19842 :
15
Defendant's proposed counterfindings of fact re order of
contempt & preliminary injunction
September 28,
19842 : 16
Deposition of David Carter by Theresa Wagner
October 9,
19842 : 17-18
2 copies.
Findings of fact & conclusions of law in support of
preliminary injunction
September
17-October 12, 1984 2 :
19
Declaration of Theresa A. Wagner re notice of plaintiff's
application for appointment of receiver
October 15,
19842 : 20
Papers relating to damages for contempt & recovery of
plaintiff's attorney fees
October 15,
19842 : 21
Findings of fact & conclusions [of] law in support of
order of contempt
October 17,
19842 : 22
Defendant's opposition to plaintiff's request for
attorney's fees & damages for contempt
October 25,
19842 : 23
Order re: mandatory status conference
October 30,
19842 : 24
Plaintiff's proposed order re damages for civil contempt
& attorneys fees
November 1,
19842 : 25
Plaintiff's reply to defendant's opposition to plaintiff's
request for attorneys fees & damages
November 1,
19842 : 26
Papers relating to plaintiff's application for order
appointing receiver
November 13,
19842 : 27
Notice of lodging of deposition of Carl DiGennaro, owner
of Mail Boxes Etc. USA
November 15,
19842 : 28
Order denying plaintiff's application for an order
appointing a receiver
November 29,
19842 : 29
Joint status report
November 30,
19842 : 30
Notice of taking deposition of Mail Boxes Etc.
USA
December 5,
19843 : 1
Papers relating to plaintiff's application for order to
show cause re contempt, temporary restraining order & order to show cause
re preliminary injunction
December
6-7, 19843 : 2
Order to show cause re contempt, temporary restraining
order, & order to show cause re preliminary injunction
December 11,
19843 : 3
Orders dismissing civil contempt action against defendant
& releasing all mail addressed to Taurus Products & held by Mail Boxes
Etc. USA
December 14,
19843 : 4
David Beckman acknowledgment of potential conflict of
interest
December 20,
19843 : 5
Order re damages for civil contempt & attorneys
fees
February 7,
19853 : 6
Notice of taking deposition of Valley National
Bank
May 12,
19853 : 7
Notice pursuant to CCP 1985.3 that records are sought
& certification of compliance with CCP 1985.3
May 14,
19853 : 8
Notice of taking deposition of Kurt Mann
June 6,
19853 : 9
Stipulation re continuance of pretrial conference &
order thereon [incomplete]
June 7,
19853 : 10
Papers concerning W. Michael Mayock's motion to withdraw
as attorney for defendant
July 11-31,
19853 : 11
Notice of lodging of depositions of Kurt Christian Stefan
Mann, Hope Andrea Szlemko, & Marian Bowden, custodian of records of Valley
National Bank
July 15,
19853 : 12
Defendant's application for order shortening time;
declaration; proposed order
July 16,
19853 : 13
Defendant's application & proposed order to vacate
pretrial hearing set for July 22, 1985
July 16-17,
19853 : 14
Papers concerning proposed order of arrest &
confinement of defendant for failure to pay compensatory fine & to strike
answer & enter default judgment
July 16-17,
19853 : 15
Papers concerning defendant's opposition of motion for
confin[e]ment order & motion to strike answer & enter default
judgment
August
13-16, 19853 :
16
Deposition of David Carter by Theresa W. Middlebrook &
Stuart Goldfarb. Volume 4
September 10,
19853 : 17
Deposition of David Carter by Theresa W. Middlebrook &
Stuart Goldfarb. Volume 4. Confidential portions
September 10,
19853 : 18
Deposition of David Carter by Theresa W. Middlebrook &
Stuart Goldfarb. Volume 5
September 11,
19853 : 19
Deposition of David Carter by Theresa W. Middlebrook &
Stuart Goldfarb. Volume 6
September 13,
19853 : 20
Deposition of David Carter by Theresa W. Middlebrook &
Stuart Goldfarb. Volume 6. Confidential portion
September 13,
19853 : 21
Miscellaneous papers
1980-1985
3 : 22 ; 4 : 2-7
David Carter Confidential Do Not Open. Envelope
1
circa
1983-1985 3 :
22
David Carter Confidential Do Not Open. Envelope
2
circa
1983-1985 4 : 2
(Oversize)
Miscellaneous photocopies [found loose] [OS]
1983-1985
4 : 3 (Oversize)
Correspondence between David Carter & Universal
Video
June-August
19844 : 4
(Oversize)
Letter to Catalina Video [found loose]
June 1984
4 : 5 (Oversize)
Notes of David Carter concerning Tony Prince
1985
4 : 6 (Oversize)
Photocopies of legal writings concerning
copyright
1980-1983
4 : 7 (Oversize)