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LEE v. MARVEL ENTERPRISES, INC.

No. 02 Civ. 8945.

765 F.Supp.2d 440 (2011)

Stan LEE, Plaintiff, v. MARVEL ENTERPRISES, INC. and Marvel Characters, Inc., Defendants.

United States District Court, S.D. New York.

February 4, 2011.

Attorney(s) appearing for the Case

Ganfer & Shore, LLP, by: Steven J. Shore, Esq., Ira Brad Matetsky, Esq., William Andrew Jaskola, Esq., New York, NY, for Plaintiff Stan Lee.

Haynes and Boone, LLP, by: David Fleischer, Esq., Sarah Jacobson, Esq., New York, NY, Paul, Hastings, Janofsky & Walker, LLP, by: Jodi Aileen Kleinick, Esq., New York, NY, for Defendant Marvel Entertainment, LLC.

Dunnington, Bartholow & Miller, LLP, by: Raymond James Dowd, Esq., Luke McGrath, Esq., New York, NY, for Intervenor, Stan Lee Media, Inc.

OPINION

SWEET, District Judge.

Stan Lee Media, Inc. ("SLMI") has moved presumably under Federal Rules of Civil Procedure 60(b) and 60(d)(3) to vacate the order of dismissal of April 27, 2005 (the "April 27 Order"), pursuant to Federal Rules of Civil Procedure 17 and 19 to intervene and to substitute SLMI for the plaintiff Stan Lee ("Lee" or the "Plaintiff"), pursuant to Rule 15, for leave to file an amended complaint dating back to November 12, 2002...

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