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Billion-Dollar 'Titanic' Case Motion to Dismiss Denied

A motion to dismiss may be filed again after Princess Samantha Kennedy of Imperial Beach is able to file additional charges, said court documents released last week.

A United States District Court judge has denied a request by Paramount Pictures to dismiss a copyright infringement case filed by Princess Samantha Kennedy of Imperial Beach, court documents released Sept. 5 said.

Kennedy claims in hand-written court documents that the movie's plot was stolen from her autobiography My Daddy Was a Whistleblower, stories from her family history and a screenplay titled Missing Pieces.

Kennedy to prove her unpublished work was stolen, among them that her father was Leonardo DiCaprio's character Jack.

Particular scenes were also taken, Kennedy said, like a poker game played where DiCaprio's character wins a ticket to board the ship, and drawing DiCaprio's character drawing Kate Winslett's character Rose.

If she wins, Kennedy wants all copies of the movie destroyed, and to be awarded all money made by the movie, or at least $3 billion.

The second highest grossing film ever, according to IMDB.com Titanic made $1.8 billion in worldwide box office sales alone after its premiere in 1997. Titanic 3D was released in April.

Judge William Hayes granted Kennedy 60 days to file additional charges in the case against Paramount.

Paramount's legal team may request another motion to dismiss after new charges are received.

After the case was originally filed Feb. 10, Kennedy and Paramount spent part of the summer going back and forth with legal motions.

On July 12, lawyers from the firm Caldwell Leslie and Proctor who were hired by Paramount filed a motion to dismiss, stating that Kennedy "fails to allege copying of protected elements," among several other arguments.

In a declaration that accompanies the motion to dismiss from Paramount's Executive Vice President in charge of litigation Karen Magid, she states that the company has had no interaction with the company in the past.

The only record of correspondence Magid said is a letter from Kennedy to Paramount's parent company Viacom written in 2005. In the letter, Kennedy accuses the company of stealing her writing for the movies Forrest Gump and Titanic.

Kennedy stated in her original claim filed with the court in February and that she had only seen the movie within the past year.

Princess Samantha Kennedy February 11, 2014 at 09:57 PM
I stated in the case in court papers that I did not remember sending the letter. And I never saw the motion picture I stated until late 2011 on television, I only watch classic movies. I did not know at the time that Paramount was coming out with the movie again. In February, my autistic son, who is autistic and also the plaintiff and for whom he was commended by President Clinton, filed along with myself a copyright case against Paramount Pictures. When Titanic came out in April of 2012, my son and I had a private screening at the theatre. I submitted copies of our tickets to the court. We filed for an attorney under special circumstances under the disability act, my son is disabled and I am physically disabled. We were denied. We had no attorney. We were qualified to file to have our our fees waived, the judge denied that motion. He stated that we had enough money in our savings to pay. We had no savings account and supplied the court with fianicial documents to show we had no savings, he denied our motion. He did rule that Paramount Pictures had access, their hands on my writings which is intent to copy and that I had valid copyrights. The judge ignored the exhibits we supplied to show copying between the writings and the script James Cameron created. We have not sued James Cameron, but, we have been advised to. It was stated in the article that I said I was related to Queen Elizabeth and that Rose was my sister and Jack was my father. This was wrong. I have a sister name Rose and a sister named Rose Mary. James Cameron manipulated my writings so the events would not be exactly like the motion picture, but, when looking at the screenplay he says was original compared to my writings, he has copied paragraphs, sentences, events, names to create both the characters and the events and dialogue in the motion picture Titanic. He was very clever. Even the scenes he deleted from the movie, he has copied from my work. I wrote about Titanic, both the Judge and The defendant's attorneys refused to acknowledge this even though we supplied evidence in exhibits. We were told the Judge was totally biased and now we have witnesses who can swear under oath in a statement that my writings have been copied and we have a New York attorney looking at this to sue James Cameron. Being under constant duress from mean bloggers and Paramount, I entered the hospital a couple of months ago with internal bleeding, I am under a doctor's care. My son and I were in a car accident a few years ago and we were in the hospital and I had to have many months of physical therapy after we were hit by two coliding cars. Also, Adam's friend, a little black boy was raped and murdered, a famous case in this country, totally devistation. So, I can attest to the fact that we did not see Titanic and nor have I been to a theatre since 1994 and then in April, 2012. Years ago I worked for Paramount Pictures in a motion picture, I took classes with producers at Paramount Pictures and Paramount Pictures and I had both shared the same literary agent. http://about.me/princesssamanthakennedy36

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