CBS Survives Early Round in Suit Against Contestant

CBS on Thursday won an early round in its $5-million defamation lawsuit against former “Survivor” series contestant, Stacey Stillman, who claims the executive producer of the popular television program rigged the voting.

Thursday’s hearing was the first in a well-publicized clash between CBS and Stillman, who was voted off the South China Sea island during the first “Survivor” series last year.

Stillman sued the Viacom Inc. network in February, alleging that “Survivor” executive producer, Mark Burnett, manipulated the outcome of the series by persuading two other contestants to vote against her on the ninth day of the contest.

CBS countered with its own lawsuit, charging that Stillman, a 28-year-old corporate lawyer, violated a confidentiality agreement that she signed before joining the show. CBS lawyers also presented signed declarations from six of the eight “Tagi” teammates, some of whom slammed Stillman as being “smarmy,” “sarcastic” and “bossy.”

Los Angeles Superior Court Judge Ralph W. Dau ruled on Thursday that CBS presented sufficient evidence to show that Stillman might have acted with malice against the producers of the hit television show.

The judge denied Stillman’s request to dismiss CBS’ defamation and breach of contract lawsuit.

Stillman “has put forward no admissible evidence to support her manipulation claim,” Dau wrote in his 12-page ruling.

The judge also cited statements made by Stillman during a “Good Morning America” interview with Diane Sawyer in February. In addition, CBS produced a July 26, 2000, e-mail that Stillman allegedly sent to her former teammates jokingly encouraging them to band together to “extort” $1 million from CBS before appearing in a reunion show.

“Let’s show these execs what it’s like to be the target of an alliance. Ha ha,” Stillman wrote in an e-mail apparently sent to Richard Hatch, the winner of the first “Survivor” contest.

Stillman, who sat in the last row of the fifth floor courtroom Thursday, said after the hearing that she was unhappy at the time that CBS was publicizing a reunion show that would generate millions more for the network. Meanwhile, Stillman said she had to pay an estimated $75,000 out of her own pocket to cover two months’ pay while she was on leave, travel costs and her expenses to stay on the island after being voted off.

“I’m only suing to get back the money that I spent to get on the show,” Stillman said. She called CBS’ defamation contention “a real stretch. There is no actual malice.”

Stillman’s attorney, Mark Goldowitz, said they would appeal Dau’s ruling. Goldowitz said he was concerned that the judge ultimately might rule against Stillman.

“The statements that Ms. Stillman made are protected by the 1st Amendment, and they were not made with actual malice,” Goldowitz said. “She had the right to give the press information about what was contained in her lawsuit.”

In support of CBS’ case, “Survivor” executive producer Burnett denied that he coached two contestants to vote against Stillman.

He acknowledged in an April 24 declaration that he talked to the pair the day that Stillman was ousted. He said such conversations were a routine way to learn whom they planned to vote for “so we could direct the camera people to capture the best and most entertaining footage.”

Separately, Burnett has admitted to reenacting some scenes from the show.

CBS’ attorney, Andrew M. White, said, “We are very pleased with the ruling, we feel it was appropriate and we are anxious to get our case to a jury.”

The judge also rejected another “Survivor” cast member’s attempts to get transcripts of his six-hour deposition sealed. Dirk Been, an aspiring actor, wanted to keep his sworn testimony under wraps out of concern that his statements, if publicized, could ruin his chances of success in Hollywood.

Stillman contends that Been told her after he voted against her that he had gotten some bad advice before the vote to oust her.

“I think I asked him, what do you mean by that,” Stillman recalled Thursday. “The answer I got was not what I expected.”