Judge Grants AMC Motion In ‘The Walking Dead’ Legal Battle

A New York judge has granted AMC Networks’ motion seeking permission to file supplemental materials undercutting two lawsuits by Creative Artists Agency and Frank Darabont in the ongoing dispute over The Walking Dead revenue, Deadline reports.

In a 15-minute New York Supreme Court hearing Thursday, Judge Eileen Bernsten granted a motion filed by AMC attorneys to spell out what the network says are “inconsistencies” between the initial complaint and a later suit in January.

Both camps now have 20 days to submit up to 15 pages of additional material.

Darabont, who helped create the show and served as showrunner in its first season, was fired in July 2011.

The former Walking Dead EP contends he and agency CAA were “cheated” out of roughly $280 million in profits from his early work on the long-running hit series, which recently concluded its eighth season.

Darabont filed a second lawsuit, this time for $10 million, against AMC in January.

“It could be significant, it could be nil,” Bernsten said of the second lawsuit’s effect on the initial case. “But the court would appreciate a complete record.”

Bernsten denied a motion by Darabont and his camp for sanctions against the defense for causing delays in the now for-year-old case, saying “an argument can be made that it is plaintiffs’ behavior – filing the second lawsuit – that caused delays,” adding that behavior caused “months of letter writing.”

The judge reportedly wouldn’t call that second lawsuit “problematic,” but AMC has framed it that way and “vows to demonstrate inconsistencies between the first and second complaints at trial,” according to Deadline.

“Today’s ruling shows that the court is being thoughtful and meticulous in its handling of this case,” said Orin Snyder of global law firm Gibson, Dunn & Crutcher. “We are eager to show the court that CAA, a company of Hollywood agents, is playing fast and loose with the facts. We look forward to our next day in court.”

BlankRome attorney Jerry Bernstein, representing Darabont and CAA, said the ruling “[is not] a setback” for the plaintiffs. “The judge is being careful,” Bernstein said. “She wanted to see everything before reaching her decision.”

When asked about the potential risk of having inconsistencies exposed between the two complaints, Bernstein said the defense has “already put their cards on the table” and “there’s nothing there.”

Judge Bernsten is expected to issue her next ruling on the matter on a tentative hearing date of May 31.

The ongoing lawsuit is not expected to affect The Walking Dead, now heading into its ninth season to debut on AMC later this year.