NATO of California/NevadaNATO of California/NevadaNATO of California/Nevada

Information for the California and Nevada Motion Picture Theatre Industry

C A L E N D A Rof EVENTS &

H O L I D A Y S

July/August 2007ly/August 2007ly/August

Labor DaySeptember 3

Labor DaySeptember 3

Labor Day

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Rosh HashanahSeptember 12-13

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National NATO Meeting

September 18-19Meeting

September 18-19Meeting

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Yom KippurSeptember 22

Yom KippurSeptember 22

Yom Kippur

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Autumn BeginsSeptember 23

Autumn BeginsSeptember 23

Autumn Begins

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Columbus DayOctober 8

Columbus DayOctober 8

Columbus Day

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Sexual Harassment Prevention Training

So. California - October 9Prevention Training

So. California - October 9Prevention Training

No. California - October 11▼

ShowEastOctober 15-18

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HalloweenOctober 31

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Daylight Saving Time Ends

November 4▼

Film Product SeminarSo. California - November 8

No. California - November 13▼

Veterans DayNovember 11

Veterans DayNovember 11

Veterans Day

NATO of CA/NV Hosted Record Attendance Membership Meeting

The National Association of The-ater Owners of Cali-fornia/Nevada held its annual member-ship meeting on June 27th at The Landmark in West Los Angeles with a record attendance of 300 members. The event, hosted by Landmark Theatre’s Chief Operating Of-fi cer, Ted Mundorff treated members to a behind the scenes

tour of this newly opened facility. Thanks go to General Manager Rita Gattegno who guided associates through the theatre that of-fers such mod-ern features as “living room” style auditori-ums, state of the art 4K pro-jection, and a wine lounge giving guests a place to re-lax before the show, and to Daniel Gorski, D i r e c t o r o f Event Market-ing, for his as-sistance in the planning of the meeting.

The featured guest speaker of the day was Jeffrey Katzenberg, Chief Executive Offi cer of DreamWorks Animation, SKG. Mr. Katzenberg discussed a new technology he consid-ers “the single biggest opportunity” for growth and expansion in the mov-ie business in decades. He believes 3-D will “create an extra dimension that allows movie watchers to enter into the fi lm,” something they cannot achieve in their home theatre systems. Mr. Katzenberg has been encouraging the creative community to participate in this technology. He is working with box-offi ce record breaking di-rectors like James Cameron, Steven Spielberg, Robert Zemekis, and Peter Jackson. After his presentation, he

opened up the floor to a ques-tion and answer period.

President and CEO of NATO of Cal i fornia/Ne va d a , Mi l t Moritz, followed Mr. Katzenberg’s presentation with an overview of the past year’s ac-tivities. Over the last 12 months the Association

Jeffrey Katzenberg, CEO, DreamWorks Animation SKG

Jeffrey Katzenberg, NATO of CA/NV Chairman Raymond W. Syufy of West Wind Drive-Ins and NATO of CA/NV President Milt Moritz

See Membership Meeting,Meeting,Meeting continuedcontinuedc

on page 2

NATO of California/Nevada July/August 2007

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OFFICERSMilton Moritz

President & CEORaymond W. Syufy

ChairmanRaymond W. Syufy

ChairmanRaymond W. Syufy

William F. Hertz, Sr.Vice President

William F. Hertz, Sr.Vice President

William F. Hertz, Sr.

David CorwinTreasurer

Bruce SanbornSecretary

BOARD OF DIRECTORSBruce ColemanBrenden TheatresDavid Corwin

Metropolitan TheatresNora DashwoodPacifi c Theatres

Curtis M. EwingRegal Entertainment Group

Curtis M. EwingRegal Entertainment Group

Curtis M. Ewing

Alan GrossbergUltraStar CinemasAlan Grossberg

UltraStar CinemasAlan Grossberg

William F. Hertz, Sr.Mann Theatres

William F. Hertz, Sr.Mann Theatres

William F. Hertz, Sr.

George KrikorianKrikorian Premiere Cinemas

George KrikorianKrikorian Premiere Cinemas

George Krikorian

Scott LotterParadise Cinemas

Ted MundorffLandmark Theatres

Frank RimkusGalaxy TheatresBruce Sanborn

The Movie ExperienceHal Sawyer

Cinemark USAHal Sawyer

Cinemark USAHal Sawyer

Raymond W. SyufyWest Wind Drive-InsRaymond W. SyufyWest Wind Drive-InsRaymond W. Syufy

Kim ZolnaCinemaStar Luxury Theaters

❦Jerome A. FormanChairman EmeritusJerome A. FormanChairman EmeritusJerome A. Forman

❦Charlene Sievers

Director, Member Services

Previewsis published by the

National Association of is published by the

National Association of is published by the

Theatre Owners of California/Nevada

11661 San Vicente Blvd., Suite 830Los Angeles, CA 90049Phone: 310/460-2900

Fax: 310/460-2901E-mail: Offi ce@NATOCalNev.org

www.NATOCalNev.org

has presented to its members two fi lm product seminars and a sexual harassment training semi-nar, each one in both Northern and Southern California, and its members have been given the opportunity to participate in the scholarship program that awards up to $200,000 a year in scholar-ships to students. Jay Swerdlow, Chairman of the Scholarship Committee, presented the 28 winners of this year’s scholar-ships to the attendees (see pages 3 & 4). Mr. Moritz also an-nounced the Association has a total of 83 members and associ-ate members representing 4,113 screens in California and Nevada. Additionally, members of the 2007/2008 Board of Directors

were introduced by Board Chair-man Ray Syufy.

Kevin Yoder, Chief Operat-ing Officer of Nielsen NRG, presented a recent study focus-ing on the increasing challenge the movie industry faces to try and gain a piece of the enter-tainment dollar. This power point presentation illustrated the growing competition for the public’s time and money.

At the conclusion of the meeting, all attendees were able to view a special presentation of the Sony SXRD 4K Digi-tal Projector led by Andrew Stucker from Sony Electronics. (See below for more informa-tion.) ▼

Andrew Stucker, Director, Digital Cinema Group,

Sony Electronics

Kevin Yoder,COO Nielsen NRG

Membership Meeting,Membership Meeting,Membership Meeting continued from page continued from page c 1

Sony 4K PresentationSony 4K PresentationAs part of the Sony 4K Digital Cinema presentation at the As part of the Sony 4K Digital Cinema presentation at the

NATO of CA/NV membership meeting, Andrew Stucker, Director, NATO of CA/NV membership meeting, Andrew Stucker, Director, Digital Cinema Group, explained that the R200 series is designed Digital Cinema Group, explained that the R200 series is designed and built to the DCI Recommended Specifi cations. At 8.8 mil-lion pixels – the SXRD 4K system supports two critical needs for lion pixels – the SXRD 4K system supports two critical needs for the theater owner: a “spotless” image on the screen and a distinct the theater owner: a “spotless” image on the screen and a distinct visual experience from home theatre

The R200 series SXRD 4K projection system was designed for The R200 series SXRD 4K projection system was designed for brightness ranges – 10K lumen (for screens 40 feet and smaller) brightness ranges – 10K lumen (for screens 40 feet and smaller) and 18K lumen (40 feet and larger). All functions for security, and 18K lumen (40 feet and larger). All functions for security, software and hardware interoperability, encoding and decoding are software and hardware interoperability, encoding and decoding are inherent in the system.

The system includes the LMT100 Media Block (JPEG2000 compression), server, raid and UPS. Security requirements are satis-fi ed via the Cavity Security System (CSS) – a FIIPS certifi ed and DCI endorsed system.

The demonstration included clips from two 4K rendered movies: “Baraka” and “Mystic India” and a 2K trailer was also shown to demonstrate compliance with the DCI specifi cation that all projectors be capable of 4K and 2K DCP exhibition.

Sony will start the installation of the R200 series this summer with Muvico Theatres and, con-tinuing into the Fall with Landmark Theatres. Additional technical and marketing information can be found at www.sony.com/sxrwww.sony.com/sxrd. ▼

NATO of California/Nevada July/August 2007

333

President Milt Moritz; Kim Zolna, CinemaStar Luxury Theaters; Vice-President William F. Hertz Sr., Mann Theatres,Alan Grossberg, Ultrastar Cinemas; Nora Dashwood, Pacifi c Theatres; Frank Rimkus, Galaxy Theatres; Secretary Bruce Sanborn,

The Movie Experience; Scott Lotter, Paradise Cinemas; Chairman Raymond W. Syufy, West Wind Drive-Ins;Bruce Coleman, Brenden Theatres; Chairman Emeritus Jerry Forman, Pacifi c Theatres; Hal Sawyer, Cinemark USA;

Ted Mundorff, Landmark Theatres; Treasurer David Corwin, Metropolitan Theatres and Curtis M. Ewing, Regal Entertainment Group. Missing from photo is George Krikorian, Krikorian Premiere Theatres.

The NATO of CA/NV Board of Directors

Hal Sawyer of Cinemark USA was elected by the membership to the NATO of California/Nevada 2007/2008 Board of Directors in last months’ general election.

Mr. Sawyer, a native Californian, began his ca-reer in the theatre business with Blumenfeld Enter-prises/Pacifi c Theatres following a four year stint in the Navy. He remained there through college and by the time he received a bachelors’ degree in Business Administration the movie business was in his blood. He continued working

Hal Sawyer Joins Board of Directorsfor Pacifi c Theatres for 19 years then joined Cen-tury Theatres where he was promoted to Group VP of Operations. He remained with Century until it was sold to Cinemark USA.

He served on the Board of Directors for the Variety Club of Northern California for 10 years and was Chief Barker of that chapter for

two years.

Mr. Sawyer lives in Northern California with his wife of 31 years and their three daughters.

NATO of CA/NV Tops $1 Million in Scholarship AwardsWith the presentation of scholarships to this years’ 28 students

the National Association of Theatre Owners of California/Nevada has awarded over one million dollars to deserving scholars since the inception of its scholarship program in 1996.

Twenty winners were selected in the fi eld and dependent scholarship program. These scholars represented 17 different

theatres from 12 member companies; 18 of the winners are fi eld level employees and two are dependents, a manager’s son and the husband of another manager. The one thing these 20 winners (see page 4) have in common is the scholarship award of $7,500.00 that each of them will receive.

See Scholarship, continued on page continued on page c 4

NATO of California/Nevada July/August 2007

Scholar Employer Circuit & Theatre Name Employer Circuit & Theatre Name Will Attend in FallLiz Bartz Regal’s Edwards San Marcos 18 Theatre San Francisco State Univ.Jennifer Chappell AMC Saratoga 14 University of ArizonaAmy Dell Regal’s Corona Crossings 18 UC RiversideKelly Erickson Regal’s Mira Mesa 18 UC San DiegoKevin Flores Fallon Theatre University of OregonLauren Gutierrez Regal’s UA Broadway Faire 10 Theatre CSU FresnoAlexa Rae Heter Cal Gran Theatres’ Movies Lompoc UC Santa BarbaraCourtney Innes Brenden Theatres’ Vacaville 16 Brigham Young UniversityChelsea Kendrick The Movie Experience at Cal Oaks University of San FranciscoAnna Lecker Fallon Theatres University of Nevada RenoAdriana Mendez Pacific’s Culver Stadium 12 UCLAStacy Moon Feather River Cinemas Butte CollegeAmy Nygren Fallon Theatres University of Nevada RenoAlexandra Pearce Fallon Theatres University of Nevada RenoJustin Peterson Wife is manager at Regal’s Edwards Long Beach 26 CSU Long BeachKarly Scaletti Sierra Theatres’ Sutton Cinemas Humboldt State UniversityMartin Schular UltraStar Cinemas’ Chula Vista 10 San Diego State UniversityNicolas Sophiea Father manages Landmark’s California Theatre University of Puget SoundCindy Von Quednow Mann’s Chinese 6 Theatre CSU NorthridgeMercedez Wallace Pacific’s Gaslamp 15 San Diego State University

Members of the scholarship committee met in June to select the winners of the members’ scholarship program after spending hours on their own evaluating and scoring the many applications. Sincere ap-preciation goes to (standing L-R) Mark Bastian, National Amusements; Charlene Sievers, NATO of CA/NV; Kim Zolna, CinemaStar Luxury Theaters; Damon Rubio, UltraStar Cinemas, Jay Reisbaum, Laemmle Theatres; Paul Richardson, Sundance Cinemas; Van Maroevich, MOC Insurance and Gary Richardson, The Movie Experience. (Sitting L-R) David Corwin, Metropolitan Theatres; Janet Grumer, Davis Wright Tremaine, LLP; Bruce Wren, Regal Entertainment Group and Annie Casaburi, Krikorian Premiere Theatres, a 1999 scholarship recipient. (Jay Swerdlow, Pacifi c Theatres missing from photo).

4

Fellowships in the amount of $6,250 each were awarded to 8 students; four attend the UCLA School of Theater Film and Television and four are from the USC School of Cinematic Arts.

Pictured with NATO of CA/NV board member Ted Mundorff (L) and President Milt Moritz (R) are UCLA Fellowship in Film award winners Ben Peyser, Directing/Production program; Jacqueline Jirka, Animation; and Philip Levie, Producers Program. Missing from photo is Production program; Jacqueline Jirka, Animation; and Philip Levie, Producers Program. Missing from photo is Production program; Jacqueline Jirka, Animation; and

Xochitl Dorsey, Directing/Production.

Jay Swerdlow, scholarship chairman, with Pooya Ghobadpour, Animation.

Oscar Hernandez, Peter Stark Program, with NATO of CA/NV

President Milt MoritzPresident Milt MoritzPresident Milt Morit

Christine Berry, Production, and Amelia Guimarin, Critical Studies frame

Milt MoritzMilt MoritzMilt Morit

Recipients of scholarship awards from the USC Fund for Student Sup-port are pictured here at the Associa-tion’s membership meeting.

Scholarship, continued from page continued from page c 3

NATO of California/Nevada July/August 2007

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What movie snack you choose to indulge in is not a decision to treat lightly. When else is it socially acceptable to consume 8 ounces of Reese’s Pieces by yourself? And yet few among us spend much time dithering at the concession stand. Maybe you’re a Raisinets guy. Or perhaps you prefer the salty magic of popcorn. Elaine Benes is a Jujyfruits kind of gal. Me, I’m a Red Vines person trapped in a Twizzlers world.

Whatever our concession allegiances, they tend to be deeply ingrained. And for most, a trip to Live Free or Die Hard won’t be complete without some good-ies, even if it’s the kind of goody we might otherwise avoid—particularly at such egregious prices. How exactly did we form this cultural habit? Today, concessions are the lifeblood of the theater business: According to the National Association of Theatre Owners, they account for approximately 40 percent of theaters’ net revenue. But it wasn’t always this way.

In 1905, the advent of nickelodeon theaters changed the landscape of American entertainment, which was still dominated by live performances, from stage plays to vaudeville. By 1907, around 3,000 nickelodeon theaters had opened, and by 1914 an estimated 27 percent of Americans were going to the movies every week.

Concessions were not sold inside nickelodeons, but snack bars and candy shops frequently fl anked the theaters, and independent popcorn and peanut vendors hawked their goods in the theater aisles. It didn’t take much to entice people with popcorn, an already immensely popular treat—they delighted in its transformation from kernel to pop, and were enchanted by its bewitching aroma. According to Andrew F. Smith’s excellent social history, Popped Culture, popcorn vendors had been tantalizing customers since the 1840s, appearing at pretty much any crowded event—fairs, rallies, you name it.

But theater owners had yet to realize just how lucrative concessions could be. Far from embracing food sales, many were downright hostile toward them, particularly as nickelodeons gave way to the fancier movie houses of the teens and ‘20s. During those two decades, in an effort to enhance the moviegoing experi-ence, ambitious showmen constructed opulent movie palaces, like Sid Grauman’s Chinese Theater in Los Angeles, which opened in 1927. These palaces, some of which cost millions to build, could rival the sophistication of European opera houses. Appointed with expensive antiques, marble columns, bejeweled chande-liers, and even perfume sprayed into common spaces, they transported moviegoers to another world. Yet it was a world without munchies.

Movie theater owners wanted their venues to remain upscale, free from the chomping of snacks you’d fi nd at burlesque shows. They also wanted their plush theaters garbage-free. But as in the nickelodeon days, entrepreneurial vendors sold snacks outside. Popcorn kernels and candy wrappers ended up littering theaters despite owners’ best efforts to keep food out.

Then came the Great Depression. Squeezed like everyone else, palace owners sought new sources of revenue. Some deigned to install candy dispensers, and others leased lobby space to popcorn vendors. (Owners did, however, hold the line against peanuts, whose messy shells were even more of a nuisance than the

Make It a Large for a Quarter More? A short history of movie theater concession stands As reprinted from Slate Magazine

errant old maid.) But according to Smith, it wasn’t long before theater owners recognized popcorn’s lucrative promise and began selling it in-house. Early popcorn popping machines had created disagreeable, burning odors, but by the 1930s, the technology had improved. And because popcorn was so cheap—the-aters could sell it for 10 cents a bag and still turn a nice profi t—it was a treat that even cash-strapped Americans could manage to splurge on.

Eager to avoid the mistakes of their predeces-sors, theater builders of the 1930s constructed more humble neighborhood houses, and with concessions becoming a bigger part of the business, the candy counter became an architectural consideration. The-aters still hoping to appeal to highbrow customers offered homemade bonbons, chocolates, and candy apples, but as mass production grew more preva-lent, an abundance of newer candies—Jujubes and Jujyfruits, Baby Ruths, Raisinets, Milk Duds, and others—emerged on the scene.

Candy suffered a setback during World War II, however, when sugar was rationed. Popcorn production, on the other hand, was given the go-ahead by the War Production Board because of its health benefi ts and popularity. Popcorn fl ourished, solidifying its hold over the concession stand.

After the war, in the mid- to late-1940s, theater owners grappled with another threat—television—that made it more important than ever to capitalize on snack sales. According to Maggie Valentine’s The Show Starts on the Sidewalk, theater owners were successful in their efforts: From 1948 to 1956, despite a 50 percent decrease in theater attendance, concession sales increased fortyfold. The end of the war meant a return to sugar. Soda fl owed freely, and candy counters tempted moviegoers with Goobers, Sno-Caps, Chuckles, and Black Crows, as well as newer delicacies such as Junior Mints and M&Ms.

Theaters now gave concession stands prime placement in their lobbies, and inventive sales cam-paigns took off in an effort to boost profi ts. Valentine says theaters adopted the up-sell, now so common in the fast-food business, way back in the ‘50s. Rather than simply ask, “May I help you?” smiling attendants were instructed to push the higher margin merchan-dise and suggest additional purchases. As Valentine writes, “ ‘Will that be a large?’ proved a better response to a drink or popcorn order than ‘Right away.’”

See ConcessionSee ConcessionSee C , continued on page oncession, continued on page oncession 6

NATO of California/Nevada July/August 2007

6

The Key to D-CinemaBy Ken Jacquart, Cinema Product Manager; Motion Picture Division, Dolby Laboratories Inc.

The Key to D-CinemaBy Ken Jacquart, Cinema Product Manager; Motion Picture Division, Dolby Laboratories Inc.

The Key to D-CinemaMost all D-cinema movie content is encrypted (except the trailers). Simply put, this

means it cannot be played while it is encrypted. For the most part, D-cinema movies are distributed on hard-drives. They are entirely secure. The encryption method that is used renders it completely useless to anyone that may get their hands on it who may have less than pure motives. The statistical odds of breaking this encryption method are mind bog-gling. I have read that the “brute force” method to crack this encryption could take anywhere between 10 trillion and 149 trillion years. Yes, I do believe the DVD will be out by then. This powerful encryption allows for secure distribution of the content regardless of the path it takes to your theatre.

Once the content is received at the theatre, it is loaded into the D-cinema server for playback. Even at this point, the content is still encrypted and cannot be played back yet. The “Keys” are needed to unlock the content. Think of the key as an electronic fi le. Typically it is delivered on a USB “thumb drive” that is inserted into the USB port of the D-cinema server. You may have to navigate the server menus to actually load the key fi les (also referred to as Licenses, or KDM’s) which then unlock the movie.

An important notation about loading keys (Licenses) is that a key is designed to work in a specifi c server, and no other. Therefore, if a pirate were to somehow get a D-cinema server, and then somehow get a hard-drive with an encrypted movie, and then miraculously manage to get a key to that movie, it would still be 100 percent useless! Each and every D-cinema server that is installed in a theatre is “registered” with all of the “Key Distributors” and each key

that is made will only work on the specifi c server that it was assigned to and not any other. There are four Key Distribution companies in the US today. They are Dolby Laboratories, Technicolor, Deluxe, and Access IT.

The Key Distribution companies will distribute the keys (Licenses) to your theatre on a USB thumb-drive (or email in an emergency) with all of the keys loaded for your entire complex. Since they know which servers you have (because they were registered during in-stallation), they can put all the keys for your complex on the single USB drive.

If by chance you ever need to replace your server with another, the installer will have to immediately register it with the Key Distributor. Then, not only will you need to re-load the movie content, but you will need new keysnew keys for the movie (because the new replacement server has a different registration). This is an important notation to remember! ▼

Do you have a question about the operations of your booth? Feel free to submit questions or suggestions for upcoming Tech Tips to KWJ@dolby.coKWJ@dolby.com. We look forward to hearing from you.

Today, movie houses are continu-ally expanding their offerings. Newer-fangled candies—Sour Patch Kids, Gummi Bears, and others—which appeal to children, have largely ousted fruity mainstays such as Dots. Compa-nies have capitalized on the moviegoing crowds by morphing large candy bars into shareable, bite-size candy more suitable for the movies, like Nestlé’s Buncha Crunch.

Movie theaters have of course also branched out, serving chicken fi ngers and chili cheese fries to complement standard snacks. Landmark Theatres, which specializes in independent fi lms, appeals to foodies by offering local items, such as hot dogs served with homemade relish on fresh La Brea Bakery buns. And more theaters are aiming to capture older crowds with reserved seating, alcohol, full-service restaurants, and other amenities.

Still, the old standbys are the real moneymakers. We may sigh when the kid behind the counter solicits that $9 for a small Coke and a medium pop-corn, but traditional concessions are by now inextricably linked to the movie-going experience. Not only is there the kid-in-a-candy-store excitement—here’s one place where it’s still safe to gorge on junk food—but the smell of popcorn that pervades every movie theater can bubble up nostalgia in even the most curmudgeonly customer. A trip to the concession stand might elicit memories of a fi rst date—holding her hand, greasy with popcorn, in the dark theater, or the tug of your teeth on the licorice sticks you ordered as a kid, or the Good & Plenty your grandmother used to buy you on your Saturday trips to the mov-ies. What’s $9 for that? ▼

Jill Hunter Pellettieri isSlate’s managing editor.

ConcessionConcessionC , continued from page 5oncession, continued from page 5oncession

NATO of California/Nevada July/August 2007

7

NATO of California/Nevada (NATO) had joined many other regional and national trade groups in fi ling an amicus brief in the Ninth U.S. Circuit Court of Appeal in the case Doran vs. Del Taco, Inc. (373 F. Supp.

2d 1028.). The plaintiff (Doran) in that case had taken an appeal of the trial court’s denial of his demand for attorney’s fees under state law ( The California Disabled Persons Act; Civil Code Section 54, et seq. and the Unruh Civil Rights Act Civil Code Section 51, et seq.) and federal law ( the Americans with Disabilities Act).

The trial court denied Doran attorneys fees on the basis that he failed to provide the business any pre-litigation notice prior to fi ling his suit. NATO and the other trade groups that joined this appeal supporting a requirement that ADA plaintiffs at least attempt to contact busi-nesses before suing them and demanding tens of thousands of dollars in attorneys fees.

The Ninth Circuit reversed the trial court and remanded the case for further analysis. Sig-nifi cantly, the Ninth Circuit did NOT say that Doran was entitled to any fees or that his fees could not be limited or denied. The Ninth Circuit only required the trial court to specify and analyze Doran’s fee demand under existing precedent.

Doran, a paraplegic, sued the Del Taco restaurant chain in federal district court for viola-tions of the Americans with Disabilities Act and related California laws, alleging that architectural barriers at a Del Taco restaurant had denied him full and equal access there. The case settled: Doran released his claims for equitable relief in exchange for Del Taco’s promise to remove the barriers and pay him $4,000 in damages.

Pursuant to the settlement, the court ruled on Doran’s request for attorneys’ fees of nearly $40,000. In an opinion extremely critical of “certain lawyers” who have “distorted” the ADA into “a cynical money-making scheme,” the court denied Doran’s claim for attorneys’ fees. Before fi ling suit, Doran had not given Del Taco an unambiguous warning notice detailing the nature of the claimed violation and warning of the need for a lawsuit if Del Taco were not to fi x the defect within a reasonable

The Ninth Circuit’s Opinion in Doran v. Del Taco by Gregory F. Hurley, Chair of Litigation;GT Orange County

time. Had it received such a notice, Del Taco might have cured the problem, thus eliminating the need for litigation. Accord-ingly, the Court could not fi nd the lawsuit was necessary. Thus, an award of attorneys’ fees was not justifi ed.

More specifi cally, the trial Court found ADA violations but refused to award the plaintiff attorneys fees because the trial court found that fees could only be awarded to the plaintiff under the theory that the plaintiff was acting as a “private attorney general” and that to get fees the plaintiff had to behave as a reasonable

private attorney general would. The Court state that an attorney general would not litigate a case without fi rst contacting the business and giving them an opportunity to cure any defect.

The Ninth Circuit reversed. Their opinion simply says that the trial court could deny fees but had to follow the fee analysis set forth in the precedent described in the Norris case, 191 F3d 1043 (9th Cir 1999)). In many ways the Ninth Circuits opinion in Doran can be very helpful to businesses. The Court did NOT say that plaintiff was entitled to any fees. The Court made it clear that the plaintiff could be denied all or most of his fees. The Court just asked the trial court to undertake the analysis required by Norris. A literal Norris. A literal Norrisreading of Norris makes it clear that the Court Norris makes it clear that the Court Norriswould allow a reduction in fees because of failure to give pre-litigation notice. It would just require more work by a trial court in evaluating fees and quantifying any entitlement to fees.

While the Ninth Circuit did not mention the injustice visited upon businesses by the plain-tiffs bar’s demand for hundreds of thousands of dollars annually for prosecuting thousands of “drive by” ADA lawsuits. The Court did leave businesses the tools to restrict or deny the fees

these plaintiffs can recover by showing that the plaintiffs accom-plished nothing through their litigation that could not have been achieved by negotiation. ▼

Mr. Hurley is a shareholder and chair of the litigation department for Greenberg Traurig’s Orange County offi ce. He can be reached at Hurleyg@GTLaw.comHurleyg@GTLaw.com or (714) 708- 6614 . He specializes in defending federal class action claims including claims under the ADA and the Fair and Accurate Credit Transaction (FACTA).

“In an opinion

extremely critical of “certain

lawyers” who have “distorted” the ADA into “a cynical money-

making scheme,” the court denied Doran’s claim for attorneys’ fees.

”

NATO of California/Nevada July/August 2007

8

Top 50 Grossing Theatres Nationwide* Rank Circuit Theatre City and State

1 AMC Empire 25 New York, NY2 AMC Burbank 30 Burbank, CA

3 AMC Lincoln Square 13 New York, NY 4 Muvico Egyptian 24 Hanover, MD 5 Pacifi c Grove Stadium 14 Los Angeles, CA 6 Regal Irvine Spectrum 21 Irvine, CA 7 Regal Long Beach Stadium 26 Long Beach, CA 8 Regal Hacienda Crossings 20 Dublin, CA 9 AMC Block 30 Orange, CA 10 Regal Fresno Stadium 21 Fresno, CA 11 AMC Pleasure Island 24 Lake Buena Vista, FL 12 Regal Union Square 14 New York, NY 13 Cinemark Century 25 Union City, CA 14 Cinemark Daly City 20 Daly City, CA 15 Pacifi c Arclight Hollywood 15 Hollywood, CA 16 AMC Aventura Mall 24 Aventura, FL 17 Muvico Paradise Park 24 Davie, FL 18 AMC Tysons Corner 16 Mc Lean, VA 19 Cinemark Rio 24 Albuquerque, NM 20 AMC Palisades 21 West Nyack, NY 21 Regal Ontario Palace 22 Ontario, CA 22 Muvico Palace 20 Boca Raton, FL 23 AMC Neshaminy 24 Bensalem, PA 24 Regal Mira Mesa Stadium 18 San Diego, CA 25 AMC River East 21 Chicago, IL 26 AMC Gulf Pointe 30 Houston, TX 27 AMC Century City 15 Century City, CA 28 Regal E-Walk 13 Times Square 29 Pacifi c Winnetka All Stadium 21 Chatsworth, CA 30 AMC Metreon 15 San Francisco, CA 31 AMC Boston Common 19 Boston, MA 32 Nat’l Amuse Bridge De Lux 17 Westchester, CA 33 AMC Deer Valley 30 Phoenix, AZ 34 Regal South Gate Stadium 20 South Gate, CA 35 AMC Sunset Place 24 South Miami, FL 36 AMC Mission Valley 20 San Diego, CA 37 AMC Willowbrook 24 Houston, TX 38 Regal Sheepshead Bay 14 Brooklyn, NY 39 Regal Marq*E Stadium 23 Houston, TX 40 Regal New Roc City 18 New Rochelle, NY 41 AMC Westminster 24 Broomfi eld, CO 42 AMC Clifton Commons 16 Clifton, NY 43 AMC Mercado 20 Santa Clara, CA 44 AMC Ontario Mills 30 Ontario, CA 45 Harkins Arizona Mills 24 Tempe, AZ 46 Cinemark Oakridge 20 San Jose, CA 47 Harkins Superstition Springs 25 Mesa, AZ 48 AMC White Marsh 16 Baltimore, MD 49 Regal Mall Of Georgia 20 Buford, GA 50 Regal Greenway Plaza Stadium 24 Houston, TX

S T A T I

City and StateBuena Vista

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Paramount Pictures/DreamWorksEric Tabak .................... (323) 956-4836 .......................eric_tabak@paramount.com

Sony PicturesSouthern California and Nevada

Vinele Grana - (310) 244-3037 ...................................... Vinele_Grana@spe.sony.comNorthern California

Christian Arenas - (310) 244-3045 ............................. Christian_Arenas@spe.sony.comAll materials can be ordered at www.sonypicturesreleasing.com

or by phone: 877/Deluxe6

Universalwww.exhibitorrelations.com

Cynthia Orellana ........... (818) 777-0096 ....................... cynthia.orellana@nbcuni.comRebecca Jansson ........... (818) 777-0011 ....................... rebecca.jansson@nbcuni.com

Warner Bros/Warner IndependentBill Smith .................... ................................................... bill.smith@warnerbros.comJesse Chow ................................................................... jesse.chow@warnerbros.com

The Weinstein CompanyRoe Campo ................................................................... roe.campo@weinsteinco.com

Onesheets and trailers can be ordered from Technicolor

Exhibitor RelationsContact Information

NATO of California/Nevada July/August 2007

9

Top 25 Grossing California Theatres* Rank in Theatre andState Circuit Screen Count City

1 AMC Burbank 30 Burbank

2 Pacifi c Grove Stadium 14 Los Angeles

3 Regal Irvine Spectrum 21 Irvine

4 Regal Long Beach Stadium 26 Long Beach

5 Regal Hacienda Crossings 20 Dublin

6 AMC Block 30 Orange

7 Regal Fresno Stadium 21 Fresno

8 Cinemark Century 25 Union City

9 Cinemark Daly City 20 Daly City

10 Pacifi c Arclight Hollywood 15 Hollywood

11 Regal Ontario Palace 22 Ontario

12 Regal Mira Mesa Stadium 18 San Diego

13 AMC Century City 15 Century City

14 Pacifi c Winnetka All Stadium 21 Chatsworth

15 Nat’l Amuse Bridge De Lux 17 Westchester

16 AMC Metreon 15 San Francisco

17 Regal South Gate Stadium 20 South Gate

18 AMC Mission Valley 20 San Diego

19 AMC Mercado 20 Santa Clara

20 AMC Ontario Mills 30 Ontario

21 Cinemark Oakridge 20 San Jose

22 AMC Citywalk Stadium 19 Universal City

23 Pacifi c Galleria Stadium 21 Sherman Oaks

24 Cinemark Century 20 Huntington Bch.

25 AMC Puente Hills 20 Rowland Heights

S T I C SSS

Top 15 Grossing Nevada Theatres* Rank inState Circuit Theatre City

1 Regal Red Rock Stadium 16 Las Vegas2 Cinemark Santa Fe Station 16 Las Vegas

3 Regal Texas 18 Las Vegas 4 Cinemark Park Lane 16 Reno 5 Regal Sunset Station 13 Henderson 6 Brenden Palms 14 Las Vegas 7 Cinemark Orleans 18 Las Vegas 8 Cinemark Century 14 Sparks 9 Regal Green Valley 10 Henderson 10 Cinemark Sam’s Town 18 Las Vegas 11 Cinemark South Coast 16 Las Vegas 12 Galaxy Galaxy Cannery 16 Las Vegas 13 Regal Colonnade 14 Las Vegas 14 Regal Village Square 18 Las Vegas 15 Cinemark Riverside 12 Reno

Top 20 California TheatresPer Screen Average*

Top 20 California TheatresPer Screen Average*

Top 20 California Theatres

Per Screen Theatre and Rank Circ Screen Count City

1 De Anza Van Buren 3 DI Riverside2 Pacifi c Grove Stadium 14 Los Angeles

3 Pacifi c ArcLight Hollywood 15 Hollywood 4 De Anza South Bay Triple DI 3 San Diego 5 AMC Century City 15 Century City 6 AMC Metreon 15 San Francisco 7 Regal Hacienda Crossings 20 Dublin 8 Regal Irvine Spectrum 21 Irvine 9 AMC Santa Monica 7 Santa Monica 10 Regal Fresno Stadium 21 Fresno 11 Regal Valencia Stadium 12 Santa Clarita 12 Nat’l Amuse Bridge De Lux 17 Westchester 13 Cinemark Daly City 20 Daly City 14 De Anza Mission Tiki 4 DI Pomona 15 Regal Mira Mesa Stadium 18 San Diego 16 AMC Burbank 30 Burbank 17 Regal Temecula Stadium 15 Temecula 18 AMC Promenade 16 Woodland Hills 19 Regal Long Beach Stadium 26 Long Beach 20 AMC Victoria Gardens 12 Rancho Cucamonga

* Statistics based on the period of January 5 through July 10, 2007

National Association of Theatre Ownersof California/Nevada11661 San Vicente Blvd., Suite 830,Los Angeles, CA 90049

ADDRESS SERVICE REQUESTED

INSIDE PREVIEWSRecord Attendance at Membership Meeting

•

Hal Sawyer JoinsBoard of Directors

•

NATO of CA/NVTops $1M in

Scholarship Awards

•

Sony SXRD 4K System

•

The Ninth Circuit’s Opinion in

Doran v. Del Taco

•

Make It A Large fora Quarter More?

•

Citizen Kane Again Voted Top Film Ever

•

Technical CornerThe Key to D-Cinema

Citizen Kane Again Citizen Kane Again Citizen KaneVoted Top Film EverThe American Film Institute has again named

the 1941 Orson Welles classic Citizen Kane the best fi lm of all time. Many other fi lms listed in the Institute’s original “AFI’s 100 years ... 100 Mov-ies” ten years ago have changed rankings or have been eliminated, the AFI disclosed. For example, Martin Scorsese’s Raging Bull moved to No. 4 from Raging Bull moved to No. 4 from Raging BullNo. 24. Alfred Hitchcock’s Vertigo jumped to No. 9 from No. 61. The second- and third-place fi lms switched position, with The Godfather moving up one place and Casablanca moving down. Others in the top ten were also rearranged. For example, Singin’ in the Rain jumped to No. 5 from No. 10; Gone With the Wind dropped to No. 6 from No. 4; Gone With the Wind dropped to No. 6 from No. 4; Gone With the WindLawrence of Arabia fell to No. 7 from No. 5. Only four fi lms that were released since the original was compiled in 1997 made the new list: The Lord of the Rings: The Fellowship of the Ring at No. 50; Saving Private Ryan at No. 71; Titanic at No. 83; and The Sixth Sense at No. 89.