O.A.F., LLC: Judge Dismisses Lawsuit Against Dinesh D'souza Over 2016: Obama's America

Sends Case Back To Arbitration

LOS ANGELES, Oct. 26, 2012 /PRNewswire-USNewswire/ -- San Diego Superior Court Judge Kevin A. Enright has denied a motion for a temporary restraining order against Dinesh D'Souza, director of the blockbuster film 2016: Obama's America. The motion had been filed by one of the film's producers Douglas Sain.

Noting that the application before the court was "vague, lacks specificity, and do not seek to enjoin a particular act," the judge agreed with D'Souza's request that the matter be resolved in arbitration, as called for in their original contract.

Mr. Sain's allegations were made after he attempted to renegotiate his compensation to $1.2mm, to be paid ahead of the film's investors in addition to his share of the profits and D'Souza refused. Mr. Sain, a minority owner of the company behind the film and a producer was terminated after making the compensation request.

"I'm used to hearing Obama make exaggerations about "fair share" but this request was over the top," said Mr. D'Souza. "Our film has broken box office records, becoming the second most successful political documentary of all time, and the fourth highest grossing documentary on any subject. The film is now in DVD, home box office, and video on demand from Lionsgate. We should be breaking out the champagne. I'm disappointed that Mr. Sain took these unwarranted actions and made flagrant and untrue accusations against me, but I look forward to having an unbiased third party help us resolve his issues in the place it should have been all along, which is called for in our agreement: arbitration."

Producer Gerald Moen also noted, "I am totally appalled by the actions of Mr. Sain. His demands at a crucial time of the release of the film were not only untimely but unprofessional in practice and out of line as a matter of conduct."

Released in July 2012, 2016: Obama's America was shown on more than 2,000 screens nationwide and grossed more than $33 million. The film was produced by Gerald R. Molen, who won the Best Picture Oscar for producing Schindler's List.