Netflix Inc., Conde Nast Entertainment LLC and a producer of the documentary series “Last Chance U” Friday were seeking nearly $100,000 in attorneys’ fees and costs from six former college football players who sued for defamation and false light invasion of privacy, but whose portrayal was found to be protected by free speech.
In May, Los Angeles Superior Court Judge Lynne M. Hobbs granted an anti-SLAPP motion filed by the two companies and documentary filmmaker Greg Whiteley, removing them as defendants in the case, but not dismissing the lawsuit entirely. On Thursday, the three defendants’ attorneys filed court papers with the same judge in advance of an Aug. 31 hearing stating that having prevailed in the motion, their clients are collectively entitled to $91,735 in attorneys’ fees and about $1,355 in costs.
The amount sought is less than the actual fees incurred by the defendants given their attorneys’ actual and reasonable hourly rate, according to the defense lawyers’ court papers, which further state that their research for their motion included interviewing Whiteley to document the genesis and his vision for the series and his communications with the plaintiffs over the years.
The defense attorneys also did internet searches to develop their arguments about public interest in the show, the defense attorneys further state in their court papers.
In granting the anti-SLAPP motion, Hobbs said Netlix and the other defendants had “demonstrated that the gravamen of plaintiffs’ allegations against them arises from protected activity,” namely, free speech.
The state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights
Initially, five plaintiffs promoted and celebrated the series, including on their own social-media accounts and in media statements, and four plaintiffs remained friendly with Whitely for years, the defense attorneys stated in their court papers.
“Last Chance U” ran for five years, ending in 2020, and the plaintiffs alleged in the lawsuit filed Feb. 10 that they were portrayed in a “false, offensive and damaging” manner. The plaintiffs further contended that Netflix convinced them to enter agreements without leveling with them about how they would be portrayed.
Plaintiff John Franklin III was conveyed as a *spoiled, cocky, arrogant, brat” in order to “dramatize their show and increase viewer ratings,” the suit alleged.
The players were not paid for the use of their likenesses despite the “significant financial benefit” earned by Netflix, the suit further stated.
The plaintiffs’ lawsuit will continue against the college and the National Junior College Athletic Association.