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______________________________________________________
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In
the
Matterof
the
ArbitrationBetweenSpeed
the
Plow
Company,
L.P.-
and-
Jeremy
Piven
&
Actors'
Equity
Association
______________________________________________________
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APPEARANCES
ForClaimants:
Proskauer
Rose,LLPBy:
Michael
J.
LebowichEsq.
Joseph
C.Nuzzo,
Esq.
For
Respondent
Actors'Equity:
Spivak
Lipton,LLPBy:
Franklin
K.
Moss,
Esq.
For
Respondent
Piven:
Lavely
&
Singer,
P.C.By:
Martin
D.
Singer,
Esq.
OPINION
AND
AWARD
On
January
9,2009,ClaimantSpeed
the
Plow
Company,
L.
P.
(sometimesreferred
to
as
the
"Producer,"
"Producers
or
"Claimant")fileda
grievance
against
Respondent
Jeremy
Piven.
Thecontention,
citing
Production
Contract
Rules
16,
25
and
34(D)
and
Paragraph
1
ofthe
Rider
to
his
Standard
Termination
ProductionContract,
was
that
Piven,
whose
run
as
an
actor
inthe
revival
of
David
Mamet's
"Speed
the
Plow"
was
to
be
from
October
3,2009
to
February
22,
2009,
had
breachedhisagreement
by
leaving
the
show
following
the
performance
of
December
14,2008
(JX2).
2
Respondentsassert,contrary
to
Claimant's
contention,
that
his
departurewas
medically
justified.
RespondentEquity
also
insists,
becausethe
Producer
never
fileda
written
contractof
employment,
that
it
wasinbreach
of
Rule
16
(E),
permitting
Piven
to
leave
the
production
withEquity's
consent;
that
Equitydidconsent,
and
that
its
consent
was
not
"unreasonably
granted."
Under
the
Equity/League
Production
Contract
(JX1),
grievances
are
first
heard
by
an
Equity/League
GrievanceCommittee,
with
arbitration
as
a
recourse
only
if
the
Committee
fails
to
reach
a
unanimous
decision
on
the
presented
claim.Ata
hearing
held
onFebruary
26,2009,no
such
decision
was
reached,
and
on
March
3,
2009,Claimant
demanded
arbitration.
Thereafter,
I,
as
one
of
thenamedarbitrators
in
the
ProductionContract,
was
designated
as
arbitrator.
A
hearing
was
held
on
June
8,
9
and
10,
2009,
at
which
a
transcript
of1466pages
wastaken,68
exhibits
were
received,
and
all
Partieswere
affordedfull
opportunity
to
offer
evidence
and
argument
and
to
present,examine
and
cross-examine
witnesses.
Thewitnesses
for
Claimant
were
Jeffrey
Richards
and
Steven
Traxler,
partners
intheCompany
and
two
of
theproducers
of
the
show,
General
Manager
David
Richards,
Dr.
Harvey
Wolinsky,Toxicologist
Laura
Green,
and
Ari
Warshawsky,
President
of
Get
Services,
LLC;
testifying
for
Respondent
were
Mr.Piven,
Joseph
Machotaof
Creative
Artists
Agency,
Drs.
Carlon
3
Colker,
Robert
Stark
and
Michael
Gochfeld,
and
Carol
Waaser,Equity's
Eastern
RegionalDirector.Following
the
hearing,
<i:ounselfiled
comprehensive
briefs
and
additionaldocumentation,
with
the
Record
closed
on
July
29,
2009,
the
dayonwhich
the
last
submissionwas
received.
The
Issue
Claimant
contends
that
theissueshould
be:
Did
Samuel
Jeremy
Piven
breachanycontractual
obligations
under
either
theEquity
agreement
or
any
personalagreements
withSpeed
The
Plow
Company
L.P.
by
leaving
the
Show
onor
about
December
16,
2008?
If
so,
what
shall
the
remedy
be?!
Equitydid
not
originally
agreewith
theissue
as
stated.
Neither
did
it
formally
propose
a
different
issue.It
did,however,
assert
that
the
above
referenced
16(E)
was
applicable
and,
after
I
had
indicated
that
its
argument
could
be
made,
both
Parties
referred
to
that
Rule
intheir
briefs.
TheRelevantProvisionsThe
Equity'
League
Rules16.
CONTRACT.
(A)
Effective
Date.
Contracts
between
the
Producer
and
the
Actor
must
be
signed
before
the
Actor
shallbepermitted
to
rehearseor
perform
and
shallbe
signedon
thedatewhen
theterms
of
the
contractare
agreed
upon
between
the
parties.
If
not
signed
onsaid
date,
when
issued,
they
must
besigned
as
of
said
date.
1
Becausethe
extensivetestimony
on
liabilitytook
much
longer
than
counsel
originallyanticipated,
the
Partiesagreed
at
theendofthe
hearing
that
damages
wouldbedeterminedonly
if
a
breachwas
found.
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