Looks like a federal judge believes in Yesterday. A year and a half ago Paul Michael Rosza and Conor Woulfe filed a $5 million lawsuit against Universal over Ana de Armas appearing in the trailer for the 2019 Danny Boyle-directed Yesterday, but being absent from the film itself.
Yesterday, U.S. District Stephen Wilson tossed the whole thing out. Rejecting the plaintiff’s notion of “misrepresentation” in de Armas’ absence as a love interest from the Himesh Patel-led Beatles themed rom-comthe judge agreed with the Comcast-owned studio the case is a “self-inflicted injury.” And, as well as also denying Rosza and Woulfe’s desire for class certification, Judge Wilson ordered this much amended case to truly be over for good.“In each prior dismissal, the Court has clearly delineated the pitfalls of the complaint and allowed successive amendments,” he wrote in an August 28 order. “However, it now appears to the Court that further amendments would be a futility.
Accordingly, dismissal is without leave to amend. This is the third time that Plaintiff has amended their complaint, and it shall be the last.” Perhaps pushing Judge Wilson to that endgame was Woulfe’s renting the film again online after the lawsuit started in January 2022 and claiming new “misrepresentations on Google” of the Blonde star actually being in Yesterday. “Plaintiff Woulfe has offered no explanation as to why he believed that version of Yesterday they accessed on Google Play would be a different version of the movie they accessed on Amazon,” the judge said in the rather brisk nine-page order.
Universal did not respond to request for comment on yesterday’s Yesterday decision. If and when they do, we will up date this post.
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