Full opinion text
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF’S FEDERAL COPYRIGHT CLAIM AND DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIM; DENYING MOTION TO CONTINUE CASE MANAGEMENT DATES AS MOOT MARGARET M. MORROW, UNITED STATESDISTRICT JUDGE World, Inc., Sidney Kimmel Entertainment, LLC,- Filmdistrict Pictures, LLC, Lakeshore Entertainment Corp., Lake-shore Entertainment Group LLC (collectively “defendants”), and various fictitious parties. The complaint alleged claims for copyright infringement and breach of implied-in-fact contract premised on defendants’ purported copying of Shame on You’s motion picture screenplay. On February 25, 2015, defendants filed a motion for judgment on the pleadings. On April 27, 2015, after the court granted Shame on You’s ex parte application for an order granting it leave to amend its complaint, Shame on You filed a first amended complaint alleging the same claims as the original complaint but adding Broken Road Productions, Inc. (“Broken Road”) and Todd Garner as defendants. The same day, it filed opposition to defendants’ motion for judgment on the pleadings. On May 11, 2015, all defendants, besides Garner and Broken Road, answered the first amended complaint. On May 27, 2015, Garner and Broken Road filed a motion to dismiss the first amended complaint, arguing there was no substantial similarity between the works as a matter of law. The same day, Garner and Broken Road filed a motion to continue the case management dates. Shame on You opposes both motions. I. FACTUAL AND PROCEDURAL BACKGROUND Shame on You alleges that it is the owner, by way of assignment from the author, Dan Rosen, of an original motion picture screenplay titled Darci’s Walk of Shame (“Darci’s Walk of Shame” or “Ro-sen’s screenplay”). It alleges that Rosen registered an early version of the screenplay with the Writers Guild of America, East (‘WGA”) on or about November 17, 2006, and received registration number 145107. Shame on You alleges that the assignment from Rosen as well as the relevant version of the screenplay have also been registered with the United States Copyright Office. 1. Allegations Concerning Access The first amended complaint alleges that on or about July 31, 2007, Rosen emailed a draft of the screenplay to an actor who was an acquaintance of Banks. Banks is a Hollywood actress and producer. The acquaintance arranged a meeting among Rosen, Banks, and Banks’ husband and producing partner, Handelman, to discuss the screenplay. During the meeting, which purportedly lasted several hours, Rosen allegedly discussed the screenplay, detailing the plot, story, characters, sequence of events, and themes. He also purportedly gave Banks and Handelman a draft of the screenplay. Shame on You asserts that Banks and Handelman expressed interest in the screenplay, and indicated they would be in touch with Ro-sen regarding potential production of the film. Shame on You contends that, despite their apparent interest in the screenplay, Banks and Handelman never contacted Rosen after the meeting, but retained the copy of the screenplay Rosen had given them. Shame on You asserts that the screenplay was sent to various production companies and talent agencies for consideration as well; United Talent Agency, which represented both Banks and Brill, purportedly provided positive feedback. In 2009, Rosen met with Broken Road, to which he had sent a copy of Darci’s Walk of Shame. Broken Road — which was founded by Garner, who remains its president— retained a copy of the screenplay, but informed Shame on You that it was not interested in producing the screenplay. 2. Rosen Learns of Defendants’ Motion Picture Walk of Shame Years later, in late 2013 or early 2014, Shame on You learned of a Deadline Hollywood article,, which stated that Banks was starring in a motion picture titled Walk of. Shame. The article reported that Steven Brill had written the script for the film, that Focus World was the distributor, and that the film was scheduled for release on April 25, 2014. Shame on You asserts that the Internet-Movie Database (“IMDB”) webpage for Walk of Shame and the promotional movie- poster displayed thereon and ■ elsewhere confirms that Banks stars in Walk of Shame; that Brill is the director and writer; that Sidney Kimmel Entertainment; Film District, and Lakeshore Entertainment produced the film; that Focus Features is the United States distributor; and that the film was released theatrically, digitally and on pay per view in the United States on May 2, 2014. 3. Allegations of Substantial Similarity Shame on You asserts that Walk of Shame borrows heavily from Rosen’s screenplay. Specifically, it. alleges that the plot, stories, characters, sequence of events, themes, and incidents portrayed in the two works are fictional and, in many respects, “virtually identical.” It contends that these substantially similar, if not strikingly similar, elements, coupled with defendants’ direct access to Rosen’s screenplay through Banks and Handel-man, leave “little doubt that numerous substantive original elements of [Walk of Shame] are compiled from the [Darci’s Walk of Shame ] [sjcreenplay.” Shame on You pleads, claims for copyright infringement under .17 U.S.C. § 101 et. seq., and breach of implied-in-fact contract. 4. Summary of the Works Although neither of the screenplays is attached to the first amended complaint, as the court explains infra, the screenplays and the Walk of Shame motion picture are incorporated by reference in the complaint and can therefore properly be considered in deciding defendants’ motion for judgment on the pleadings. The court thus will provide a brief summary of both works before analyzing the merits of defendants’ motion. There are two versions of the Darci’s Walk of Shame. screenplay; presumably only one was provided to defendants. The court cites primarily the version that is Exhibit B to the Declaration, of Devin Stone; where the versions differ in any significant respect, however, it notes the differences by -citing the second screenplay, which is appended as part two of Exhibit B to Stone?s declaration, a. Darci’s Walk of Shame Darci’s Walk of Shame begins in Chicago’s Lincoln Park neighborhood, and focuses on lead character Darci Palter’s “horribly ugly puffy pink pastry one should DER SOUTHERN BELLE STYLE BRIDESMAID dress.” Throughout the film, the fact that the dress — which Darci must wear as maid of honor at her younger sister Deena’s wedding — is horribly ugly is used as a comedic device, since Darci is forced to make the “walk of shame” wearing the dress. The story begins as Darci, a “32 [year old], mostly natural blonde and pretty” woman, gets into a cab to pick up her boyfriend Brian at his apartment in the Beldon-Stratford hotel so that they can catch a flight to her sister’s wedding-in Maui. Things quickly take a turn for the worse when she walks in on Brian and their travel agent, Virginia, having sex. Darci says she is going to Maui alone, and storms out of the apartment, but not before grabbing the first class upgrade Virginia had secured for the flight, The screenplay depicts Maui as a lover’s paradise. Almost all of the couples on' the flight Darci takes are on their honeymoon; the flight attendant asks Darci if she is traveling alone, which prompts Darci to engage in crude rants directed at various honeymooning couples and a four-year-old girl concerning her ex-boyfriends. Darci gets so inebriated she vomits in the lavatory. After arriving in Maui, Darci meets Nathan, a “36 [year- old], rugged and shaggy dog handsome” man who drives a jeep taxicab.--Nathan serves as the romantic lead for the remainder- of the screenplay. After a long conversation during the ride to the hotel, Nathan delivers -Darci to the upscale Four Seasons-Hotel where Darci’s family — her mother, father, sister, and 101-year-old aunt Bertha — as well as the groom and his family - are introduced. The next several -scenes include a trip to the beach, and a Hawaiian luau rehearsal dinner where Darci is forced to wear- the ugly pink dress and is introduced (or reintroduced) to the man (or boy) with whom she goes home before, embarking on her walk of shame the following morning. The boy, Justin, is 25, “tall, well built, and manly” with, an amazing smile. In one version of the screenplay, Darci’s mother introduces Justin — the son of a family friend — to-Darci. Justin makes.it clear that he already knows Darci; Darci does not understand how this could.be. It is later, revealed that- she used to babysit Justin as a child. In the second version-of the screenplay, Justin is a bus boy at the hotel; ..Darci runs into him while on her way to the rehearsal1 dinner, ,and embarrasses herself by trying to mop up water that she causes him to spill on himself. . The story continues the next day, as Deena, Darci, their mother, and another character, Lori, who is either a friend or extended family member, visit at the Four Seasons spa. The group of women have hot cacao bath treatments and discuss their respective walks of shame. Although others tell their stories, Darci says she has never had a walk of shame. Her mother says that Darci is a “good girl,” and “[n]ot like these [other] hookers,” i.e., Lori and Deena. The spa attendant enters and offers the women a tray of homemade chocolates. Lori, Darci and her mother try the chocolates, but Deena explains she is allergic to chocolate. The camera then zoóms in on Deena covered in chocolate, with the spa attendant looking horrified. The story cuts to the wedding ceremony; Deena covers her face completely with her wedding veil because she is completely covered in hives. Darci’s misadventure begins at the wedding reception. Instead of having Deena toss the bouquet, as is customary, the DJ asks Darci to come up and take the bouquet. This upsets her, and she proceeds to get drunk on “giant pineapple drinks.” She is about to cry or throw something when Justin enters. In one version of the screenplay, he asks her to dance; in the second version, he brings her another drink, which she knocks out of his hand and kisses him. In both versions, Darci and Justin wake up the following morning at the Stowaway Hotel, described as a “cheesy” two star hotel. Also in both versions, Justin leaves Darci there, but offers her his car. Darci decides to take Justin’s car to the Four Seasons, so she leaves the room wearing the ugly pink dress she had worn the night before. In both versions of the screenplay, Darci had left her purse at the Four Seasons, so she has no phone, wallet, or identification. Once she leaves the Stowaway Hotel and sees Jason’s car, she realizes that she has left the car keys in the hotel room. She has an extended discussion with the front desk clerk, explaining that she left her keys in the room; the clerk is suspicious because she cannot remember either the room number or Justin’s last name. Ultimately a housekeeper lets her into the room. When she returns to the parking lot, however, the car has been towed. Because she needs to get back to the Four Seasons, Darci walks through a golf course, where she encounters a group of Japanese golfers. She steals their golf cart and a long, comedic chase ensues. It ends with Darci stopping the golf cart in front of Bobby’s Tow Yard, where Justin’s car has been towed. Darci speaks with an employee, Bobby, who explains that the tow yard is closed on Sundays and that he cannot release Justin’s car to her even though he just brought it in. Bobby asks whether the car is registered in her name; she says it is not, and cannot even tell him Justin’s last name (because she does not know it). Bobby asks if she has money, and she admits she does not because her purse is at the Four Seasons. Bobby feels bad for her, but explains that, although she has the keys, he cannot release the car- to someone who does not even know the last name of the owner. He offers to drive her back to the Four Seasons, but only if she will go to church with him. Darci agrees. When they arrive, there is a small wedding ceremony in progress at the church. Near the end of the ceremony, Darci bursts into tears and runs- out of the church. Bobby follows her, :and she explains that she has had trouble finding the right relationship. She explains that no one she dates ever thinks she is-good-enough. Bobby asks whether she loved any of. the men, and she responds: “What the hell does that have to do with anything?” Bobby retorts, “Only everything,” and goes back inside- the church, leaving Darci-outside. Darci thinks she has caught a break when moments later, a pickup truck that has several dozen live chickens in the back pulls up. She rides in the back of -the truck surrounded by chickens until the truck driver loses control, and Darci is thrown out of the truck into a ditch. She blacks out and dreams she is marrying Brian; she is quickly awakened by .Nathan — the cab driver who took her to the Four Seasons. He asks if she is all right. He explains that she has been bitten by a poisonous snake, and that he is not only a taxicab driver but a volunteer fire fighter. Based on his emergency training, he sucks the poison out of her toe. A.chicken that is sitting .on Darci’s, lap then sneezes. One of several animal control workers that were trying to collect the chickens yells quarantine,-and Darci is transported to a hospital unit with Center for Disease Control and Federal Emergency Management Agency logos on the walls. Nathan remains with Darci. She explains that she needs to return to the Four Seasons, and Nathan takes her in an emergency helicopter he flies from time to time. Darci and Nathan discuss the fact that Nathan moved to Hawaii from Philadelphia; Nathan ' shares his lunch with Darci while they take in the beauty of- the island. Nathan is momerits away from dropping Dar-ci off at the Four Seasons when- the two have an awkward conversation about whether they will see one another again. Just as Nathan is about to land the helicopter, an emergency call comes in, and he is forced to abort the landing and head straight to a volcano to rescue a group of tourists; he and Darci soon discover the group includes her parents. Darci is ashamed to see her parents, and forces Nathan to drop her off at Mendes Ranch. As they say goodbye, Darci comments on the fact that Nathan is wearing a wedding ring; Nathan tries to explain, but does not have enough time, and must leave before explaining the truth. At the ranch, Darci encounters Brian and Virginia. After' an extended dialogue as to why he is 'there, Brian tells Darci that she deserved better than him, and that he always knew she was going to dump him. He offers to help her gét back to her hotel. They ride on horseback together, with Virginia in the lead, to the coast where Brian’s Hummer SUV is located. Once they get to the coast, Brian cannot find his keys. ■ Darci is therefore forced to ride with what is described as a dozen .native Hawaiians in an outrigger canoe. After arriving at the Four Seasons, the Hawaiians tell her the ride costs $125. Fortunately, .Nathan is there waiting for Darci and covers the cost. Darci darts upstairs to change, avoiding anyone that might know her, while Nathan searches for the brunch Darci is supposed to attend, Once upstairs, Darci decides that she will not change her dress, but will go to brunch in the bright pink dress with mud and sand all over it. She goes to the farewell, brunch; it appears she is revealing her walk of shame when Nathan enters. He explains that they had a romantic evening, together under the stars, making her walk of shame seem like nothing more than a perfect evening. At that point, Justin enters and explains what really happened, i.e., Darci went with him, but they did not have sex because she fell asleep. Visibly upset, Darci races out of the hotel and hails a taxi to take her to the airport to return to Chicago. Nathan catches her and explains that his wife died, and that he stopped wearing the ring, for the first time that very day because he had feelings for her, She responds that there is no chance for them, because Nathan lives in paradise and she lives in Chicago. He asks her to stay, and she says she cannot because she knows that, like all others she has had, their relationship will not last. Nathan pleads with her to no avail. Darci returns home viá airplane and hails a taxi at Chicago O’Hare International Airport; it is pouring rain and there is thunder. After a brief conversation with the cab driver makes her realize that she has made a huge mistake, Darci asks him to turn around and take her back to the airport. She gets out of the cab at O’Hare and-is shocked to see Nathan emerge from the automated double doors. Darci exclaims that Nathan has found her. Although he says at first that he merely found her sunglasses, he ultimately agrees that he followed her to Chicago. The two “KISS — finally—and it’s a KISS worth waiting for. RAIN falls around them. A SHUTTLE BUS drives by SPLASHING AND SOAKING THEM.” Nathan asks if the weather is always like this, and Darci replies: “No— sometimes it’s bad.” Nathan says he will just have to get used to it, and Darci agrees that, “[he] will.” The movie ends with the couple kissing. b. Walk of Shame Walk of Shame begins just prior to-the stárt of a KZLA newscast with anchor Meghan Miles, the lead character. Meghan makes clear in the opening scene that she is a career woman and that she wants to become lead anchor. When her boss, Dan Karlin, tells her to be herself, she says she wants to be whatever the station wants her to be. Meghan interviews with the executives who are deciding who will be selected as the new lead anchor, which, seems to go well.- She then goes on am, giving a very conservative, very rehearsed news presentation; during the broadcast, we are introduced to Chopper Steve, who flies the KZLA traffic helicopter. He discusses “Carpocalypse”— the fact that Interstate 10 in Los Angeles will be completely shut down over the weekend. Even though Meghan has not yet been selected as lead anchor, friends Rose and Denise call and say they are going out to celebrate after the broadcast. Rose and Denise arrive at Meghan’s home in suburban Brentwood and immediately notice that much of her furniture and household items are missing. Rose asks where Meghan’s fiancé, Kyle, is, and Meghan says he has gone to the supermarket. Realizing that they were not fooled, Meghan then admits that Kyle broke up with her and took everything with him. She says she did not tell them because she assumed that getting the lead anchor job would make it better; at that point, she burst into tears and tells her friends she did not get the job. Her friends urge her to go with them to a nightclub. Meghan finally gives agrees, but says she will only go if she can wear sweat pants. Her friends respond that she must wear Denise’s “slutty [yellow] dress.” At the nightclub, which she has apparently not visited before, Meghan does not realize that the three shots of alcohol Denise ordered were meant for all of them, and drinks, all three quickly. She becomes quite drunk and attempts to find a bathroom. She accidentally walks out an emergency exit, however, and is stuck on a fire escape on the second level of the building. To make matters worse, her high heel gets wedged in the grating of the fire escape and she cannot get free. Just as she is about to panic, Gordon, who is a bartender at the club, comes to help her. Once he gets, her off the fire escape, Gordon says that Meghan is much too drunk to drive, and that he will drive her home. When she apologizes for keeping him from work, Gordon explains that he is more than a bartender, as he writes books as well. Gordon . asks Meghan where she lives, to which she responds: “Where do YOU live?” — indicating that she wanted to go to his apartment. She wakes up later that night and realizes what has happened. She finds a condom, but cannot find her clothes and other personal items. She calls her cell phone from Gordon’s phone, hoping it will ring so she can find it. Instead, it goes to voicemail. She checks her voicemail and she has a message from her boss saying that she is back’ in the running for the lead anchor position because the other candidate has too many skeletons in her closet. He tells Meghan to get some rest, because network executives were going to come to her broadcast the following day. Meghan grabs her keys, but not her purse or phone, as she remembers these are in her car, and heads outside to find the car. Much to her dismay, the car has been towed. Meghan sees a cab driver who, startled, brandishes a gun and tells her he will shoot her. He says he is off duty, but she ultimately convinces him to take her to the tow lot for “double or triple” the usual fare. When the driver announces that they have reached their destination, she looks out the window and sees a sign that says “Tatoo — Gentleman’s Club.” The driver, who has a thick accent, misunderstood where she wanted to go, as he refers to the strip club as “tow to.” Like many other characters in the movie, the driver thought Meghan was a stripper or prostitute. When she explains she cannot pay him unless he takes to the towing company where her car is located, he demands that she either give him lap dances or he will take her to jail. The driver takes his gun out a second time, threatening Meghan; she is able to escape, however, and runs toward abandoned warehouses in downtown Los Angeles. Two cars pull up; the men in both mistake Meghan for a prostitute. Two police officers also notice Meghan and warn her that she cannot solicit on the street. They do not offer to help her, despite the fact that she tries to ask them to do so. Thereafter, Meghan befriends some crack cocaine dealers — Scrilla, Hulk, and Pookie. At first, they believe Meghan is a police officer; Pookie then recognizes her as being on air at KZLA. Meghan explains that she needs to get out of their “ghetto crack house” so she can get a big promotion. The men try to help her by giving her one of their disposable phones. The only person whose number she can remember is Kyle’s. He proves to be completely useless, and is in fact in bed with another woman. Pookie tells Meghan how to get to the tow lot, and she heads out, but not before Pookie also gives her some crack to sell for money so she can catch a cab or bus. As the sun comes up, Meghan walks down a street with a number of stores. A store owner notices her; when she asks him for help, he accepts. He wants to take her picture, looking disheveled and wearing the yellow dress from the night before, however, which horrifies Meghan, so she runs away. She next finds a person she correctly identifies as a crack dealer in a park and tries to sell him Pookie’s crack; this causes a huge alteration once the dealer finds out she got the crack from his rival Pookie. Meghan throws the cocaine at a trash can and runs. She jumps on a bus driven by an elderly lady; the rest of the bus patrons believe she is a prostitute. Because she has no money, the bus driver forces her to leave the bus, observing that she is not a very good prostitute if she does not have $1.50 for bus fare, and that she might want to consider a new career. Meanwhile, at Gordon’s apartment, he finds Meghan’s cell phone buried under clothing. He sees a text from Meghan, that she sent from one of the crack dealer’s phones, saying that she is lost. Gordon redials, but reaches one1 of the crack dealers who explains Meghan has already left his area. Rose also calls Meghan’s cell phone; Gordon answers. • Rose interrogates him, thinking he must have killed Meghan. Rose tells Gordon to stay at his apartment as she is on her way there. Rose calls Denise and asks Denise to come with her to Gordon’s apartment. Meghan- tries to get help from a Jewish man at a synagogue; this backfires, however, as she is accused of being a bigot or engaging in a hate crime because she' is asking for $1.50. At the KZLA studio, Dan has begun to work on the script for Meghan’s news broadcast; the story concerns the crazy night of the “Hooker Hudlum”; Dan does not know, however, that Meghan is the central figure in the story. Meghan finally finds a pay phone and calls 1-800-GOT-NEWS, the KZLA tip line. A young intern answers, tells Meghan she has called the tip line, and says he cannot connect her to’ Dan Karlin. When she explains that she is Meghan Miles, the intern does not believe her and hangs up. Annoyed, Meghan slams down the phone. In the distance, she hears sirens; the police are searching for the Hooker Hoodlum. The scene shifts to Gordon’s apartment; Rose and Denise arrive, and decide that Gordon is trustworthy. Together, the three try to determine how they will find Meghan. Denise remembers that Meghan has a tracking device on her keys; Gordon says she must'have taken those with her; They get into Rose’s’car and call the tracking device company. At the same time, Meghan steals a 12-year-old boy’s bicycle, and the police officers who mistook her for a prostitute begin to chase her. Meghan ends up at a spa in Koreatown, where she runs into the cab driver with whom she earlier had an altercation. Meghan flees, just before the police arrive due to the commotion caused by her encounter with the cab driver. Denise,- Rose, and Gordon arrive minutes after Meghan has fled the spa. Meghan runs along Interstate 10, which remains closed due to Carpoca-lypse. She does not realize that the freeway will open in a matter of minutes, and decides to run across the road, miraculously beating oncoming traffic. Her whereabouts and progress are chronicled by Chopper Steve and KZLA as part of the Hooker Hoodlum story. After she successfully makes it across the interstate, Meghan finds the towing company and sees her car. The employee on duty will not release her car, however, because Meghan does ’not have her identification or money with which to pay the impound fees. She tries to drive the car out of the lot when the. gate opens, but the front desk employee pressed a button that deploys spike strips that flatten her tires. Meghan’s luck finally changes, as Gordon, Rose and Denise — who have determined her location from , the device attached to her keys — arrive .and whisk her -.off ,to KZLA. They encounter terrible traffic because Interstate 10 has just reopened; undaunted, Meghan uses Gordon’s phone to call Dan Karlin, who ends Chopper Steve to take Meghan and Gordon to the studio. After Meghan arrives at the studio, and the broadcast goes live, she realizes that the script she is reading is her story, and is completely false. She gives up her desire to be what others want her to be, and tells viewers that she is the Hooker Hoodlum. She explains that she used to care about what.people thought of her, but that she. now just wants to be herself, because anything else is exhausting. She tells the viewers.that she likes Gordon— the man she stayed with the night before her walk of shame — and she thinks he likes her as well. Network executives offer Meghan the opportunity to host an new “investigative series” to be called “The Girl in the Yellow Dress.” Meghan says, without enthusiasm, that she will get back to them. As the film ends, Gordon and Meghan leave the KZLA studio together. II. DISCUSSION A. Whether Defendants’ Motion for ’ Judgment on the Pleadings Must Be Denied as Moot in Light of the Filing of the First Amended Complaint Shame on You contends that defendants* motion for judgment' on the pleadings' must be denied because. the court granted it leave to amend the complaint, and it filed an amended complaint on April 17, 2015. Shame on You asserts that the amended complaint moots defendants’ motion, as it is directed to the original complaint and answer. Defendants counter that the. motion should be construed as being directed to the first amended complaint, since that complaint is substantially identical to the original complaint, and merely. substitutes actual defendants for two fictitious parties. Defendants also note that the amendment does not allege any new facts concerning the works at issue in this lawsuit. The court agrees that Shame on You’s filing of an amended complaint does not alter the nature of defendants’ motion for judgment on the pleadings. The works at issue remain the same. Thus, the basis on which defendants seek judgment on the pleadings remains the same — i.e., defendants contend the two screenplays are not substantially similar as a matter of law. It would waste both the court’s and the parties’ resources to deny the motion and require defendants.to file an identical motion directed to the first amended complaint. Moreover, Shame on You has not identified any prejudice it would suffer if the court elects to construe the motion as. directed to the amended complaint. Under these circumstances, courts can ■ construe, motions for judgment on the pleadings as directed to later-filed complaints. See, e.g., McQuiston v. City of Los Angeles, 564 Fed.Appx. 303, 305-06 (9th Cir.2014) (Un-pub.Disp.) (“McQuiston asserts the district court erred in considering the City Defendants’ motion for judgment on the pleadings. McQuiston argues the district court should have dismissed that pleading, which was directed at the second amended complaint, as-moot and directed the City Defendants to file a new motion directed at the third amended complaint. This argument is frivolous. As regards to the City Defendants, McQuiston’s claims, factual allegations, and legal arguments did not change in any material way from the second to the third amended complaints. Furthermore, McQuiston filed an extensive memorandum of points and authorities responsive to the City Defendants’ motion for judgment on the pleadings. Finally, McQuiston has not identified any prejudice flowing to him from the district court’s decision to treat the City Defendants’ motion as applying to the third amended complaint and considering ‘that motion,’ along with his response, in resolving this case,” citing Fed. R.' Crv. Proc. ' 1 (stating the rules of civil procedure “should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding”)); Mohs v. Trans World Corp., 993 F.2d 1550 (7th Cir.1993) (affirming the district court’s decision to “treat defendants’ motion for summary judgment as a motion directed to both the original and' amended complaint”); Graham v. City of Oklahoma City, Okl., 859 F.2d 142, 144-45 (10th Cir.1988) (“Mr. Graham first argues that the judgment was improperly entered because defendants failed to renew their motion for summary' judgment after he filed an amended complaint naming additional defendants. Mr. Graham correctly contends that an amended complaint supersedes the original complaint unless it is specifically incorporated therein. The amended complaint in this case, however, is practically identical to the original complaint except for the inclusion of additionally named defendants.... The motion for summary judgment directed towards the original complaint was fully briefed by both parties and provided Mr. Graham with adequate. notice ■ that defendants claimed he did not have a constitutionally protected property interest or a § 1985 claim. We conclude the district court had the power to enter -the summary judgment on these two claims because Mr. Graham had adequate notice and sufficient opportunity to meet defendants’ arguments contained in the initial motion for sumipary judgment”); Banks v. ACS Educ. Corp., No.. CV 10-1886 AJB CAB, 2011 WL 3794923, *T (S.D.Cal. Aug. 25, 2011) (“Since the SAC did not .materially alter the claims from the First Amended Complaint, but merely added Defendants previously 'dismissed by the Court; for want- of prosecution, ■ the Court hereby construes' the following motions to dismiss, and the motion for‘judgment on the pleadings, as motions on the SAC in an effort .to avoid the needless refiling of the seven motions”); Corpuz v. Yaneza, No. CV 04-00752 DAE LEK, 2005 WL 2083174, *1 (D.Haw. July 15, 2005) (“The amended Complaint, however, does not add anything substantively to Plaintiffs’ claims and thus, -the Court construes Defendants’ Motion to Dismiss as relating to Plaintiffs’ Amended Complaint”); Rogers v. Quik Check Fin., Inc., No. CV 03-1120 JE, 2004 WL . 948339, *1 (D.Or. Mar. 16, 2004) (“Defendant’s motion, to dismiss, asserts that plaintiffs first amended complaint fails to state a.claim. However,.at the hearing to consider the • motion, I granted plaintiffs oral motion, for leave to file, a second ■ amended complaint. Plaintiff has subsequently filed a • second amended complaint, and I construe defendant’s motion to . dismiss as challenging the sufficiency of this latter complaint”). This is especially true given that Shame on You’s opposition — although filed before the first amended complaint became operative — referenced allegations in the first amended complaint. Stated differently, although it asserted that defendants’ motion for judgment on the pleadings should be denied as moot, Shame on You dedicated twenty-four of the twenty-five pages of its opposition to arguing that the motion should be denied on the merits. Shame on You also made arguments concerning Garner’s and Broken Road’s direct access to the screenplay. Accordingly, the court construes defendants’ motion as directed to the first amended complaint, and will consider the allegations of access and substantial similarity included in that complaint to determine if it adequately states a claim against any defendant. B. Garner’s and Broken Road’s Notice of Joinder in the Motion for Judgment on the Pleadings and Defendants’ Joinder in the Motion to Dismiss Simultaneously with filing of them motion to dismiss on May 27, 2015, Garner and Broken Road joined the other defendants’ motion for judgment on the pleadings. On May 29, 2015, the defendants moving for judgment on the pleadings joined Garner’s and Broken Road’s motions to dismiss and continue the trial date. Shame on You objects to the other defendants’ joinder in both motions filed by Garner and Broken Road. The court agrees with Shame on You that the remaining defendants cannot join Garner’s and Broken Road’s motion to dismiss. See Fed. R. Civ. Proc. 12(b) (“A motion asserting!, inter alia, failure to state a claim,] must be made before pleading if a responsive pleading is allowed”); Rector v. Scott, No. LA CV 13-03116 VBF, 2014 WL 580158, *1 (C.D.Cal. Feb. 11, 2014) (“Rule 12(b) goes on to say that ‘[a] motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed.’ In other words, a motion to dismiss for insufficient service/process must be filed before an answer”); Jensen v. Douglas, No. CV 07-8119 PCT SMM, 2008 WL 4174892, *1 (D.Ariz. Sept. 5, 2008) (“A motion to dismiss under Rule 12(b)(6) ‘must be made before pleading if a responsive pleading is allowed.’ An answer to a complaint is a responsive pleading. Defendant filed an answer to the complaint in this matter on April 28, 2007. Relief under Rule 12(b)(6) is therefore foreclosed”).' Although Shame on You does not object to Garner’s and Broken Road’s notice of joinder in defendants’ motion for judgment on the pleadings, the court concludes that they cannot join the motion for judgment on the pleadings. This is because a Rule 12(c) motion is only proper “[a]fter the pleadings are closed but within such time as not to delay the trial.” Fed. R. Civ. Proc. 12(c). The “pleadings are closed for the purposes of Rule 12(c) once a complaint and answer have been filed, assuming, as is the case here, that no counterclaim or cross-claim is made.” Doe v. United States, 419 F.3d 1058, 1061 (9th Cir.2005). Because Garner and Broken Road have not filed an answer, the pleadings are not closed as to them; hence, they cannot join the remaining defendants’ motion for judgment on the pleadings. In fact, so long as Garner and Broken Road remain parties, the pleadings are not closed and the court cannot grant defendants’ motion for judgment on the pleadings. Id. (“pleadings are closed for the purposes of Rule 12(c) once a complaint and answer have been filed, assuming, as is the case here, that no counterclaim or cross-claim is made.”). For that reason, the court first determines whether Garner’s and Broken Road’s motion to dismiss can be granted with prejudice, such that they are no longer parties and the pleadings are closed so that the court can properly decide the remaining defendants’s motion for judgment on the pleadings. C. Legal Standard Governing Motions to Dismiss Under Rule 12(b)(6) A Rule 12(b)(6) motion tests the legal sufficiency, of the claims asserted in the complaint. A Rule 12(b)(6) dismissal is proper only where there is either a “lack of a cognizable legal theory,” or “the absence of sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir.1988). The court must accept all factual allegations pleaded in the complaint as true, and construe them and draw all reasonable inferences from them in favor of the nonmoving party. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir.1996); Mier v. Owens, 57 F.3d 747, 750 (9th Cir.1995). The court need not, however, accept as true unreasonable inferences or conclusory legal allegations cast in the form of factual allegations. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (“While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief requires more than labels and conclusions, and a formulaic' recitation of the elements of a cause of action will not do”). Thus, a plaintiffs complaint must “contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ .... A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); see also Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (“Factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact)” (citations omitted)); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir.2009) (“[F]or a complaint to survive a motion to dismiss, the non-conclusory ‘factual content,’ and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief,” citing Iqbal and Twombly). D. Legal Standard Governing Motions for Judgment on the Pleadings Under Rule 12(c) of the Federal Rules of Civil Procedure, a party may move for judgment on the pleadings at any time after the pleadings are closed, so long as the motion is filed in sufficient time that it will not delay trial. Fed, R. Civ. Proc. 12(c). “For the purposes of the motion, the. allegations of .the non-moving party must be accepted as true, while the allegations of the moving party which have been denied, are assumed, to be false.” Hal Roach Studios, Inc. v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1550 (9th Cir.1990). “Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to'judgment as a matter of law.” Id. In deciding á motion for judgment on the pleadings, the court generally is limited to the pleadings and may not consider extrinsic evidence. See Fed. R. Civ. Proc. 12(c) (stating that a Rule 12(c) motion for judgment on the pleadings should be converted into a Rule 56 motion for summary judgment if matters outside the pleadings are considered by the court). “It is well-settled that materials properly attached as exhibits to the complaint and matters that are subject tq judicial notice may ... be considered in evaluating a motion for judgment on the pleadings.” Thomas v. Fin. Recovery Servs., No. CV 12-01339 PSG (OPx), 2013 WL 387968, *2 (C.D.Cal. Jan. 31, 2013) (citing Amfac Mortg. Corp. v. Ariz. Mall of Tempe, Inc., 583 F.2d 426, 429-30 & n. 2 (9th Cir.1978); Buraye v. Equifax, 625 F.Supp.2d 894, 896-97 (C.D.Cal.2008)). In addition, a district court can consider documents “whose contents are alleged in a complaint and whose authenticity no party questions, but which are not physically attached to the pleading.” Branch v. Tunnell, 14 F.3d 449, 454 (9th Cir.1994), overruled on other grounds in Galbraith v. County of Santa Clara, 307 F.3d 1119 (9th Cir.2002). The court can also consider documents on which the complaint “ñecéssarily relies.” See Parrino v. FHP. Inc., 146 F.3d 699, 706 (9th Cir.), cert. denied, 525 U.S. 1001, 119 S.Ct. 510, 142 L.Ed.2d 423 (1998), superceded by statute on other grounds as recognized in Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676 (9th Cir.2006). If the complaint references a lawsuit that is the' subject of an insurance coverage dispute, for example, the court can consider the pleadings in the underlying action. USF Ins. Co. v. Clarendon America Ins. Co., 452 F.Supp.2d 972, 977 n. 1 (C.D.Cal.2006). E. Whether the Court Must Convert Defendants’ Motion for Judgment on the Pleadings and/or Gamer’s and Broken Road’s Motion to . Dismiss into Motions for Summary Judgment Shame on You contends that the court must convert both the motion to dismiss and the motion for judgment on the pleadings and the motion to dismiss into motions for summary judgment because defendants and Garner and Broken Road present an “extensive comparison of the two works,”- and support the motions with the screenplays at issue and the motion picture Walk of Shame. At the hearing, Shame on You reiterated its belief that the court had converted both motions into motions for summary judgment by considering the screenplays, and thus that it would err in refusing to consider the expert opinion it proffered with its opposition. Shame on You is mistaken. As-noted, Rule 12(d) states that motions to. dismiss or for judgment on the pleadings shall be treated as'motions for summary judgment if “matters outside the pleadings are presented'to and not excluded by the court.”' Fed. R. Civ. Proc. 12(d). “However, the [c]ourt need not turn [a] motion [to dismiss or] for judgment on the pleadings into one for summary judgment. When a party submits an indisputably authentic copy of a document, and the document is referred to in the complaint, the [c]ourt does not have to convert the motion into a summary judgment motion.” Rose v. Chase Manhattan Bank USA, 396 F.Supp.2d 1116, 1119 (C.D.Cal.2005), aff'd, 513 F.3d 1032 (9th Cir.2008). The first amended complaint refers extensively both to the Darci’s Walk of Shame screenplay and the allegedly infringing Walk of Shame screenplay. Because these works are referenced in — although not attached to — the amended complaint, they are incorporated by reference in it, and can be considered by the court in assessing substantial similarity. See Branch, 14 F.3d at 454; Adjmi v. DLT Entm’t Ltd., 97 F.Supp.3d 512, 516, 2015 WL 1499575, *2 (S.D.N.Y. Mar. 31, 2015) (“[T]he Court relies on the underlying source material: nine .seasons of Three’s Company ’and the screenplay (and certain reviews) of 3C, each incorporated by reference in the pleadings”); Lake v. Columbia Broad. Sys., Inc., 140 F.Supp. 707, 708 (S.D.Cal.1956) (finding “that copies of plaintiffs book and of the script of defendants’ allegedly infringing radio program [were] ... incorporated by reference into the complaint”). The motion picture Walk 'of Shame, based on the allegedly infringing screenplay, is also referenced repeatedly in the complaint. Thus, it top is incorporated by reference, and can be considered without converting the motion into one for summary judgment. See Candelaria v. Spurlock, No. CV 08-1830-BMC-RER, 2008 WL 2640471, *1 (E.D.N.Y. July 3, 2008) (“In addition, because the complaint relies heavily on the movie,- the Court may consider the movie in evaluating the complaint under Rule 12(b)(6),” citing Brass v. American Film Techns., Inc., 987 F.2d 142, 150 (2d Cir.1993) (holding that courts can consider documents incorporated by reference in the pleadings in deciding a motion to dismiss)). Thus, because defendants and Garner and Broken Road do not cite any matters outside the pleadings, the court need not convert the motion to dismiss or motion for judgment on the pleadings into a motion for summary judgment. F. Shame on You’s Objections to Defendants’ Late-Filed Reply and Evidentiary Objections Shame on You objects to defendants’ late-filed reply and evidentiary objections, asserting that the court should’ disregard the reply and objections because they were filed at 10:55 p.m. and 11:00 p.m. on May’4, 2015. It argues that the court' should strike the pleadings because defendants have repeatedly filed late documents and should not be permitted to continue to do so. It is true that the court requires parties to file all briefs by the close of business (5:00 p.m.) on the day they are due. Notably absent from Shame on You’s objection, however, is any assertion that it was prejudiced by defendants’ noncompliance., Shame on You asserts that defendants have repeatedly made late filings; this is the first time it has brought the issue to the court’s attention, however, and the court lacks , sufficient evidence to determine whether its assertion that the late filings are part of a pattern is accurate. Absent evidence of prejudice, the fact that defendants’ reply, to which no response is permitted, and its evidentiary objections, to which Shame on You did not respond, were filed approximately six hours late is simply insufficient to warrant striking either filing. The court therefore declines to do so, and will consider both the reply and the objections. See Robinson v. Adams, No. CV 09-6721 RSWL RC, 2010 WL 3834957, *2 (C.D.Cal. July 27, 2010) (“The Court declines petitioner’s request to strike respondent’s reply ... be-, cause respondent filed his reply two days late”). G. Defendants’, Garner’s, and Broken Road’s Objections to Shame on You’s Evidence in Opposition to Their Motions Shame on You proffered an expert report authored by Professor Cynthia McCreery to its opposition to defendants’ motion for judgment on the pleadings, and Garner’s and Broken Road’s motion to dismiss. In it, McCreery opines that there are numerous similarities between the two screenplays, requiring that the issue of substantial similarity be decided by a jury. Defendants object to consideration of the report on several grounds. They assert primarily that the report is evidence that is neither attached to nor referenced in the first amended complaint, and cannot be considered in ruling on their motion for judgment on the pleadings. Defendants are correct that the court “cannot consider such evidence in [deciding] a motion for judgment on the pleadings - as it would require the [c]ourt to go beyond the scope of the pleadings.” XL Specialty Ins. Co. v. Perry, No. CV 11-02078 RGK (JCGx), 2012 WL 6800780, *4 (C.D.Cal. Jan. 26, 2012). As noted, judgment on the pleadings is “improper when the district court goes beyond the pleadings,” and relies on extrinsic evidence “to resolve an issue; such a proceeding must properly be treated as a motion for summary judgment.” Hal Roach Studios, 896 F.2d at 1550 (citing Fed. R. Civ. Proc. 12(c)). The same is true with respect to a motion to dismiss. See Lee v. City of Los Angeles, 250 F.3d 668, 688-689 (9th Cir.2001) (“As a general rule, ‘a district court may not consider any material beyond the pleadings in ruling on a Rule 12(b)(6) motion’”); Santiago v. Bloise, 741 F.Supp.2d 357, 361 (D.Mass.2010) (refusing to consider an exhibit attached to opposition to a motion for judgment on the pleadings that was not referenced in the complaint). Professor McCreery’s expert report is extrinsic evidence on which Shame on You cannot rely at the pleadings stage. Accordingly, the court sustains both objections, and will not consider the expert report in ruling on the motions. Rather, it limits its consideration to the pleadings, the screenplays, and the Walk of Shame motion picture. Shame on You also proffers an expert report authored by David Hayer in opposition to the motion to dismiss.' The court sustains Garner’s and Broken Road’s objections to consideration of Hayter’s expert report for the same reasons it sustained their objections to McCreery’s report. At the hearing, Shame on You disputed this-conclusion, asserting that the court could not conduct the extrinsic test used to assess copyright infringement without expert opinion to guide it. There is no authority for this proposition. To the contrary,* courts routinely disregard expert testimony in conducting the extrinsic test, even where it is otherwise properly before the court (and in this case it is not). Where, as here, the court conducts an extensive -analysis of the alleged similarities between works, and considers every alleged similarity identified by the plaintiff, it is not required to consider expert testimony concerning substantial ■ similarity. See Rice v. Fox Broadcasting Co., 330 F.3d 1170, 1180 (9th Cir.2003) (“The district court engaged in an extensive analysis of the alleged similarities in expressive elements between The 'Mystery Magician and the Specials. In deciding to disregard Kauffman’s testimony, the district court could have simply deemed it unhelpful due to its abstract nature. Indeed, in the course of its written opinion, the district court analyzed and rejected the legal significance of many of the points set forth by Kauffman. The district court concluded that Rice’s claims of substantial similarity were either foreclosed by the limiting doctrines of merger and scenes afaire, or too abstract to constitute copyright infringement. Because Kauffman’s testimony merely restated many of these same generic similarities in expressive content, we are satisfied that the district court was well within its discretion in disregarding Kauffman’s testimony”); Segal v. Rogue Pictures, No. CV 10-5650 DSF (AJWx), 2011 WL 11512768, *5 (C.D.Cal. Aug. 19, 2011) (granting judgment on the pleadings on the basis that there was po substantial similarity between two works and noting that “[t]he Court need not decide whether Plaintiffs expert” report,, is relevant because this order considers every alleged similarity identified by Plaintiff in his opposition,” citing Rice, 330 F.3d at 1180), aff'd, 544 Fed.Appx. 769 (9th Cir.2013) (Unpub.Disp.). , Garner and Broken Road fllso object to the Darci’s Walk of Shame screenplay that is attached as Exhibit B to Coates’ declaration. Although the screenplay is incorporated by reference in the first amended complaint, plaintiffs rely not on the substance of the screenplay, but on a stamp on the document attached to Coates’ declaration suggesting that it was received by Banks on July 31, 2007. The existence of this stamp is not pled in the first amended complaint or otherwise incorporated by reference -therein, and cannot be considered in deciding the motion to dismiss. More fundamentally, as detailed below, the court finds that direct access was adequately alleged in the first amended complaint, such that consideration of the “received” stamp is unnecessary to find that Banks had access to the script. Garner’s and Broken Road’s objection is therefore sustained. H. Legal Standard Governing Copyright Infringement Claims “Copyright is a federal law protection provided to the authors of ‘original works of authorship.” Vernor v. Autodesk, Inc., 621 F.3d 1102, 1106 (9th Cir.2010) (quoting 17 U.S.C. §§ 101-103). “To establish [copyright] infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that áre original:” Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991). There is no dispute that Shame on You has a valid copyright in the Darci’s Walk of Shame screenplay. Thus, the only issue is whether on their face, the pleadings demonstrate that no material issue of fact remains concerning copying. • “Copying may be established by showing that the infringer had access to plaintiffs copyrighted work and that the works at issue are substantially similar in their protected elements.” Cavalier v. Random House, Inc., 297 F.3d 815, 822 (9th Cir.2002). For purposes of this mo-1 tion, defendants do not- contest access. Thus, the court must determine whether no material issues of fact remain concerning substantial similarity, such that defendants are entitled to judgment as a matter of law. See id (“For purposes of their summary judgment motion, Random House and CTW did not contest ownership or access. The sole issue before, us is whether any of Random House’s or CTW’s works were substantially similar to the Cavaliers’ submissions”). “Substantial similarity is inextricably linked to the issue of access. In what is known as the ‘inverse ratio rule,’ [the Ninth Circuit] ‘require[s] a lower standard of proof of substantial similarity when a high degree of access is shown.’ ” Three Boys Music Corp. v. Bolton, 212 F.3d 477, 485 (9th Cir.2000); Shaw v. Lindheim, 919 F.2d 1353, 1361-62 (9th Cir.1990). Courts “employ a two-part analysis in this circuit — an extrinsic test, and an intrinsic- test — to determine whether two works are substantially similar. The ‘extrinsic test’ is an objective comparison of specific expressive elements.” Cavalier, 297 F.3d at 822. See also Funky Films, Inc. v. Time Warner Entertainment Co., 462 F.3d 1072, 1077 (9th Cir.2006) (stating that a copyright plaintiff must satisfy both an extrinsic test, focusing on objective elements, and an intrinsic test, focusing an ordinary person’s subjective impressions). “[T]he [extrinsic] test focuses on articulable similarities between the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events in two works.” Kouf v. Walt Disney Pictures & Television, 16 F.3d 1042, 1045 (9th Cir.1994) (internal quotation marks and citation omitted), “Familiar -stock scenes and themes that are staples of literature are not protected.” Cavalier, 297 F.3d at 823. Likewise, “[s]cenes-a-faire, or situations and incidents that flow necessarily or naturally from a basic plot premise, cannot sustain, a finding of infringement.” Id. “Therefore, when applying the extrinsic test, a court must filter out and disregard the non-protectible elements in making its substantial similarity determination.” Id. at 822-23; Shaw, 919 F.2d at 1361 (applying the extrinsic test to determine “whether there is substantial similarity between the protected expression of ideas .in two literary works”); Berkic v. Crichton, 761 F.2d 1289, 1293-94 (9th Cir.1985) (rejecting consideration of general ideas as well as< scénes-á-faire in determining substantial similarity under the extrinsic test). “The ‘intrinsic test’ is a subjective comparison that focuses on “whether the ordinary, reasonable audience’ would find the works substantially similar in the ‘total concept and feel of the works.’ ” Cavalier, 297 F.3d at 822 (citing Kouf, 16 F.3d at 1045 (internal quotation marks and citation omitted)). “Since the intrinsic test for 'expression is uniquely suited for determination by the trier of fact,” Sid & Marty Krofft Television Prods., Inc. v. McDonald’s Corp., 562 F.2d 1157, 1166 (9th Cir.1977), appellate courts “will not second-guess the jury’s application of [it].” Three Boys Music Corp., 212 F.3d at 485. Thus, “[i]f plaintiff satisfies the extrinsic test, the intrinsic test’s subjective inquiry must be left to the jury and [any disposi-tive motion] must be denied.” Smith v. Jackson, 84 F.3d 1213, 1218 (9th Cir.1996); Kouf, 16 F.3d at 1045 (“A plaintiff avoids summary judgment by satisfying the extrinsic, test which makes similarity of the works a triable issue of fact,” citing Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1477 (9th Cir.1992)); see also Funky Films, 462 F.3d at 1077 (“A ‘plaintiff who cannot satisfy the extrinsic test necessarily loses on summary judgment, because a jury may not find substantial similarity without evidence on both the extrinsic and intrinsic tests,’ ” quoting Kouf, 16 F.3d at 1045). I. Whether the Court Should Grant Garner’s and Broken Road’s Motion to Dismiss Garner and Broken Road argue that a comparison of the plot, themes, dialogue, mood, setting, pace, characters, and sé-quence of events in Darci’s Walk of Shame and Walk of Shame demonstrates that there is no substantial similarity in protected expression. Shame on You disputes this. It argues that it has alleged Banks, Handelman, Garner, and Broken Road had direct access to the script, and that, under the inverse ratio rule, the degree of similarity that must be shown is lower than it would be were there no allegations of direct access. Shame on You also contends that there are many substantial similarities between the two screenplays that render judgment as a matter of law inappropriate. The court addresses each contention in turn. 1. Whether Shame on You Alleges That Certain Defendants Had Direct Access to Rosen’s Screenplay Shame on You contends that it has alleged facts that plausibly suggest Banks, Handelman, Garner,- and Broken Road had direct access to Rosen’s screenplay. The court agrees. “In the context of copyright, it is well established, that there must be evidence of a reasonable possibility of access. Access must be more than a bare possibility and. may not be inferred through speculation or conjecture.” Gaste v. Kaiserman, 863 F.2d 1061, 1066 (2d Cir.1988). To satisfy its burden of pleading access, plaintiff must allege facts “from which a reasonable finder of fact could infer that the defendant had a reasonable opportunity to copy his or her work.” Grubb v. KMS Patriots, L.P., 88 F.3d 1, 3 (1st Cir.1996). “Direct access is shown if there is proof that defendant actually viewed, read, or heard the work at issue.” Briggs v. Blomkamp, 70 F.Supp.3d 1155, 1165 (N.D.Cal.2014) (citing Lucky Break Wishbone Corp. v. Sears, Roebuck & Co., 528 F.Supp.2d 1106, 1122 (W.D.Wash.2007), aff'd, 373 Fed.Appx. 752 (9th Cir. Apr. 7, 2010) (Unpub.Disp.)); accord 3 William F. Patry, Patry on Copyright, § 9:24, at 9-55 (2007). As noted, Shame on You alleges that Rosen emailed a draft of the screenplay to an actor and acquaintance of Banks on July 31, 2007. The acquaintance arranged a meeting among Rosen, Banks, and Handelman to discuss the screenplay. The meeting purportedly lasted several hours, during which Rosen allegedly discussed the screenplay and detailed its plot, 'story, characters, sequence of events, and themes. As relevant here,' Rosen also allegedly gave Banks and Handelman a draft of the screenplay. These allegations plead that Banks and 'Handelman received both an electronic and a print version of Rosen’s screenplay and give rise to a plausible inference that Banks and Handelman “actually viewed, read, or heard the work at issue.” See Briggs, 70 F.Supp.3d at 1165. The allegations are thus sufficient to plead that Banks and Handelman had direct access to the work. The first amended complaint also alleges that sometime in 2009, Rosen met with an unidentified individual from Broken Road after he sent it a copy of Darci’s Walk of Shame for consideration. The complaint does not allege that Garner was the Broken Road representative who m