Dirty Blonde

CHAPTER 5

“Good morning, gentlemen.” Cate shook hands all around and gestured Temin and Hartford into the mismatched chairs across from her desk in chambers. The lawyers greeted her nervously, undoubtedly taken aback by her surprise request to meet with them, and as they sat down, they stole glances around the office. Cate still hadn’t decorated the place, and for a second, saw it through their eyes.

Her leftover desk-medium-sized, GAO-issue, of brown mahogany-like laminate-would impress no one, and her desk chair was covered with brown pleather. Briefs and pleadings lay stacked on the conference table across the room, but at least the papers hid the water rings. Bookshelves lined the walls, but they remained empty except for unpacked boxes she’d brought from her old firm. There was, however, a floor-to-ceiling window with a spectacular view: gray clouds made a dreamy canopy over the blue Benjamin Franklin Bridge, which spanned the Delaware River and connected the snow-covered row houses of colonial Philadelphia to the renewed waterfront of Camden.

Cate asked, “Great view, huh?”

“Sure is,” Temin answered, falsely cheery. His curly hair looked damp, and white conditioner plugged one ear. He wore his trademark wrinkly brown suit. “You can see forever. Or, at least, Jersey.”

“It’s lovely,” Hartford agreed, tugging up his pants leg. He wore gray pinstripes, newly squeegeed glasses, and a tight smile.

“Thanks for coming, both of you,” Cate said. “I called you in because I’m troubled by this case. As you know, I inherited this matter, so I wasn’t involved in any settlement discussions. The way I see it, this is a garden-variety contract case, if we strip away the Hollywood glamour. Why hasn’t it been settled?”

Temin sighed. “Plaintiff did try to settle, Your Honor, but defendant was unwilling.”

Cate turned to Hartford. “How unwilling?”

“Completely,” he answered firmly, but Cate wasn’t hearing the firmly part. She turned back to Temin.

“What was your demand?”

“Your Honor, our financial expert examined what the Attorneys@Law franchise has grossed to date, not counting future DVD sales, domestic and worldwide, and he tells us we’re talking $760 million, gross.”

Cate almost laughed. “As I said, what was your demand?”

“We started at twenty million, then went down to fifteen, then ten, then eight, then two.” Temin shifted his girth. “Right now we’re at $925,000.”

It’s a start. “Sounds like movement to me. What about you, George?”

“Your Honor, the rub isn’t me, but my client. He refuses to pay a penny. Not a penny. He doesn’t want to set a precedent, and successful producers become major targets if they pay. Besides, it’s a principle with Mr. Simone.”

Yeah, right. “He must have a number.”

“He has no number. He believes that his reputation is on the line.”

“His reputation is taking a pounding in the press.” Cate hadn’t been reading the articles, but her clerks memorized them. “Entertainment Weekly, Variety, People magazine, they’re all on Marz’s side. The consensus is your client stole Mr. Marz’s idea.”

Hartford shook his head. “They just want to bring a successful man down, and Mr. Simone thinks long-term. He expects to be vindicated and change the public’s mind. In any event, he says that all press is good press, and the ratings are up.”

“The ratings?” Cate repeated, appalled. “Is that what’s going on here? That as long as this case stays alive, your client is getting better ratings?”

“No, no, no!” Hartford rushed to say, holding up a conciliatory hand. “It’s about the principle, I assure you, and the precedent.”

Yeah right. Cate changed tack and faced Temin. “Let’s close this deal, Counsel. Will your client take half the amount he’s currently asking, let’s say $500,000?”

“I believe he would. Confidentially, he’s still out of a job.”

“There is no number.” Hartford shook his head, and Temin turned to him in appeal.

“George, what about 250 grand? That would make my guy whole for the time he was out of work and cover at least some of my fees.”

“I can’t help you out, Nate.”

Cate folded her arms, bowing out for a minute.

Temin said, “Come on, you gotta be kidding. Your guy makes more dough than God.”

“That’s not the point.”

“Would you recommend it to him, at least?”

“Honestly, no.”

“Why not?”

“He wants vindication.”

“He wants blood!” Temin shot back, and Cate stepped in.

“Mr. Temin, please, that won’t help.”

“But, Your Honor, what does he want?” Temin threw up his pudgy hands. “He took my guy’s show, he took his livelihood, and my guy’s got nothin’. I’ll give up my fee, Judge.” Temin turned to Hartford again. “George, he’s a good kid. He made a mistake. How can you take advantage of that kid and sleep at night?”

“I’m not-”

“A hundred grand, then!” Temin said, raising his voice again. “No fee for me. Two years of salary for my guy. How about it?”

“No.”

“A year then. The guy has two kids and a mother he supports. She lives in the duplex upstairs.”

“Not for fifty grand or even twenty-five. It’s not going to happen. Your client started this, and we’re going to finish it.”

Cate raised her hand, and Temin bit his tongue. Her only hope was convincing Hartford that there was a risk if he didn’t settle. “Mr. Hartford, you act as if a verdict is guaranteed your client, but have you been watching? The jury favors Mr. Marz.”

Hartford smiled without warmth. “With respect, we feel confident we will prevail. If not before you this morning, then in the Third Circuit. And if not there, I am authorized to take it all the way up.”

“To the Supremes?” Temin interrupted, incredulous. “What? That’s burning money! An appeal that far will cost a hundred grand. He can settle it right now for a song.”

Hartford set his jaw. “I cannot settle this case. Even if I recommend it, he will not take it.”

Cate had to let it go. Judges were permitted to aid settlements, not muggings. “Mr. Hartford, go and take the final demand to Mr. Simone. If you won’t recommend it to him, tell him that I do. Tell him I strongly recommend that he do the right thing, the smart thing, and settle.”

“But, Your Honor-”

“Go, Mr. Hartford,” Cate repeated firmly, then rose, which cued the lawyers that the meeting was over. “You have an hour before we’re in session. Tell the bailiff if you need more time.”

“Your Honor-”

“Go and do. Now.”

Ten minutes later, Cate was sitting at her desk across from Emily Carroll, she of the nose ring, eyebrow bar-pierce, and weird earlobe-stretcher-circle thing. The girl dressed in heavy Goth, with black eyeliner around her dark eyes, a maroon cardigan that picked up her purple fingernail polish, and black pants that fit too snugly under a wide belt dotted with silver studs. But if there was a case that would save Marz, Emily would find it. Hardware aside.

“Tell me something good,” Cate said, leaning over her second cup of coffee. Temin and Marz were still in discussions. They had fifteen minutes until court started.

“Nothing, Judge. There are no cases.”

“There have to be.”

“There aren’t.” Emily shook her head and something metallic jingled. Cate didn’t want to know what.

“Did you check all jurisdictions?”

“Yes.”

Cate had researched the question herself online last night, with the same result. “Can you think of any new theory?”

“No. Sorry, I tried. The law is clear. You have to grant this motion. It’s a slam dunk.” Emily tilted her head, or maybe her eyebrow ring was weighing her down. “You feelin’ this guy, Judge?”

“Marz?” Cate hadn’t thought about it. “Yeah, I guess I am.”

“But he’s so lame. He should’ve known better.”

“It still doesn’t excuse intentional wrongdoing.” Cate understood Marz, for the first time. “He’s a guy with a dream, that’s all. Everybody’s entitled to their dream, aren’t they?”

“My dream is to pay off my student loans. I have trailer-trash dreams.”

“Don’t say that about yourself.”

“Whatev.” Emily shrugged her soft shoulders. “Anyway, Marz had to know he’d lose in court. He’s a lawyer.”

“He figured there was at least a chance that I’d let it go to the jury. It’s his dream, and he wasn’t going down without a fight. Actually, I admire that.”

Suddenly there was a rustling at her office door, and they both looked up. It was Jonathan Meriden, who shared the floor. Val must have let him past, or maybe he’d ignored her, which was his style. He leaned into the doorway in his dark suit, gripping the threshold.

“Cate, I understand you’ve got a motion today.”

“Yes.”

“Praise be.” Meriden rolled his eyes. “I can’t abide these Hollywood people. They were blocking the hallway all day yesterday, and my parties before me couldn’t get to my door. Today’s motion will finally end this circus, eh?”

“If they don’t settle.”

“Would you?” Meriden raised a skeptical eyebrow. “From what I hear, they’ve got that kid over a barrel.”

“I like to think I’d settle. I could get it for a song, and it’s fair.”

“Fairness? Ah, youth!” Meriden said dismissively, which annoyed Cate.

“I’m not that young.”

“You’ll always be a rookie to me,” Meriden shot back, then his head popped from the doorway as quickly as it had appeared.

Jerk.

“What an ass!” Emily wrinkled her perforated nose. “His clerks are asses, too. Everybody hates them, and everybody wishes they were working for you. You’re the fun judge.”

Great. “That’s me, class clown of the Eastern District.”

Emily smiled. “We’re the cool chambers.”

“Totally.”

They both laughed, but Cate was wondering if Marz and Temin had a settlement yet.