Never Submit The Movie - Lawsuit

From James Hergott's Myspace bulletin:

Hergott Productions, Inc./Muffin Club Entertainment Inc. Files Lawsuit
Against Multiple Parties Involved In "Never Submit" Movie

CORONA DEL MAR, Calif., May 16, 2007 – Hergott Productions, Inc./
Muffin Club Entertainment Inc. President James Hergott announced
today a lawsuit has been filed against Imperia Entertainment, Inc. (Pink
Sheets: IPEI), Muller Media, Inc. (Pink Sheets: MUMI), Ken Eade and
Never Submit LLC in regards to the mixed martial arts movie "Never
Submit" (US Copyright PAU3106473).

The lawsuit filed in federal court alleges breach of contract and
copyright infringement and seeks an immediate injunction to stop the
project from moving forward. Mr. Hergott comments "I have notes
dating back ten years when I first started putting together the "Never
Submit" project and have been working on the script for years. I hold
the copyright to the manuscript, the movie title and the characters and
have not been paid a dime for the rights. I will pursue every legal
avenue possible to stop other parties from producing and releasing
this movie without my permission or involvement."

In an email dated Feb 15, 2007 to Mr. Hergott, Mr. Eade stated in
reference to "Never Submit" "Your vision, your story, everything is
great" and "I have much respect and admiration for you. You're a great
filmmaker. I believe in you and have faith in your vision and your
ability. Your story is innovative and interesting. The story and structure
is perfect." Also in an email from Feb16, 2007 Mr. Eade wrote, "James
you are an amazing man. We are on the same page. I agree with you
and the story will not be f#@&*d with at all. The story is gold."

Mr. Hergott officially resigned from all company positions on March 13,
2007 after Imperia was 24 weeks delinquent in compensation to Mr.
Hergott (Which remains outstanding). Mr. Hergott began work as an
independent contractor in the position as president of Imperia
Entertainment, Inc. (formerly Soleil Film, Inc.) on July 1, 2005. In an
email sent March 14, 2007 Mr. Eade admits to Mr. Hergott that he
owes him the back pay stating, "We will, of course, make prompt
payment of your back salary." The funds however never materialized.

In addition to being CEO and Chairman of Imperia Entertainment, and
Muller Media, Mr. Eade also serves as general counsel for the
companies and has been suspended from law practice 13 times by the
State Bar of California for various disciplinary infractions.

If you wish to interview Mr. Hergott about the situation or wish to
contact Hergott Productions please email Stephanie Johnson at


Hergott Productions, Inc. projects include controlling interest in "All
That I Need" (, released in theaters
December 2005, and now being marketed for DVD distribution,
"Brothers," by James Hergott and Tarquin Gotch ("Home Alone"), and a
number of film and TV projects currently being developed.


James Hergott was born in Cornwall, Ontario in 1976. Always an
imaginative spirit, Hergott's film career began in high school at age
thirteen when he got his first home video camera. His cast and crew
were comprised of other kids in his neighborhood. Though Hergott
struggled with a learning disability in his early years, he was found to
be of superior intellectual caliber with an escalated sense of ingenuity
and creativity.?
While in college at York University, Hergott started his own business, a
1-900 job line servicing all of Canada. His new venture skyrocketed,
and he even turned his dorm room into his corporate headquarters,
but he never lost his true passion for filmmaking. In 1999, his biggest
break yet came when he met Hollywood producer Tarquin Gotch at the
Toronto Film Festival. The two formed an instant friendship and
working relationship. Gotch was so impressed with Hergott's tenacity
and love of filmmaking that he took him under his tutelage. Together
they developed the Showtime biopic "Call Me Donald" on real estate
mogul Donald Trump. The collaboration garnered national media
attention for Hergott in the industry cornerstone Variety which
reported "Young Buck, Plays Trump Card" in their April 1999 issue. The
Don himself also praised Hergott's work and in a personal letter to the
young filmmaker, Mr. Trump wrote that he was "extremely talented"
and wished him the best in his "burgeoning career."Hergott also went
on to co-write the feature film "Brothers" with Gotch, which is
scheduled to begin production in Canada in early 2008. The
partnership led to the co-founding of Steinberg Gotch Entertainment
with Hergott, Gotch and famous sports agent Leigh Steinberg.?
In 2004, Hergott went solo with the production and direction of his
first feature film "All That I Need." The film debuted at the Cannes
International Film Festival Market in 2005 as part of a roster of films
presented by a Beverly Hills production company. Following the
success of the film at Cannes, executives decided to offer Hergott the
presidency of the company, a challenge he eagerly accepted. In this
position, he was able to secure a limited theatrical release of "All That I
Need" with the Regal/UA Theatre chain that exhibited the film on
screens across the country. Hergott has also been featured in over 200
media outlets throughout the U.S. and Canada as well as a number of
national publications including Indie Slate and Create Magazines.

James is a cool dude and wants to create projects for MMA. Looks like
he's getting screwed by Imperia and the movie is on the back burner.

He just put up a new MySpace page for his company. Please support this
cat and join his page:

Just LOL@"though Hergott struggled with a learning disability in his early years, he was found to be of superior intellectual caliber with an escalated sense of ingenuity and creativity."

Making this damn movie has been like a soap opera...I'll be surprised if it is actually ever made.

Seriously. Even more disappointing is that Solidsnake's extra role is now
in hiatus.......:(

Wow, a movie that didn't get made. That almost never happens! Just LOL still.

suspended 13 times by the bar...damn.

LOL, you must watch a lot of Entourage. Damn that stupid Mediene script

Bar Board of Directors: We've suspended Mr. Eade 13 times, what does the
board suggest for future situations?

Director: On the 15th suspension, we send him a scary unlegible letter,
asking him to please stop or else.

BOD: Meeting adjorned, lunch will now be served. There are extra
sandwiches due to several directors not being able to attend.