Judge Refuses to Block Actors’ Plan

Fifteen actors, plaintiffs in a suit against Actors’ Equity Assn., lost a first round in federal court Tuesday. Judge Terry Hatter Jr. refused to grant a temporary restraining order blocking Equity’s Oct. 3 implementation of a controversial Actors’ 99-Seat Theatre Plan.

The plaintiffs, all Equity members, are alleging breach of good faith and fair dealing in the manner in which the union went about issuing a referendum last March to modify the 16-year-old Equity Waiver Plan (whereby Equity “waives” certain rules theaters with 99-seats or fewer).

Also named in the suit are Equity’s Western Advisory Board and various officials of the union.

While denying the temporary restraining order, Judge Hatter said he was persuaded that serious questions were being raised and set a hearing for a preliminary injunction Sept. 22 at 4 p.m.