The legal newspaper Daily Journal‘s John Hanusz reports today that Brad Grey has asked a judge to stay Bo Zenga’s lawsuit seeking to add the Paramount Pictures studio boss as a defendant for his alleged role in Pellicano’s illegal wiretaps. Grey’s lawyers filed the court papers because Pellicano is scheduled to be tried on the criminal charges in October. Moreover, Grey’s lawyers said, they have not seen the government evidence which the feds turned over to Zenga’s lawyers.  “A complete stay would allow all parties to proceed on a level playing field because information from the criminal proceedings would be equally available to all,” the legal filing declared. Gregory Dovel, Zenga’s attorney, told the reporter that Grey’s motion was a “desperate” attempt to stall a deposition of the studio head about his knowledge of Pellicano’s alleged wiretapping of Zenga.  But Grey’s attorneys, in turn, say that’s ironic since Zenga himself invoked his Fifth Amendment rights several hundred times in his own depositions in order to avoid testifying” in Zenga’s original Scary Movie lawsuit. So what gives?

Zenga filed a motion to add Grey, lawyer Bert Fields and Fields’ firm to a 2004 lawsuit against Pellicano, former LAPD Sgt. Mark Arneson and the city of Los Angeles. That stems from Zenga’s contract suit against Grey and his production company, Brillstein-Grey Entertainment about a supposed  agreement Zenga had with Grey to produce Scary Movie and share in the profits. Fields’ firm hired Pellicano as Zenga’s suit was heading to trial. According to the feds, Pellicano tapped Zenga’s calls and had Arneson illicitly retrieve personal information about Zenga, his lawyer and witnesses from law enforcement computers during the course of that suit. But lawyers for Grey, Fields and the firm have denied repeatedly they approved or knew of any illegal acts that may have occurred during the litigation. Zenga’s Scary Movie suit was thrown out by a judge in 2002, but now the wiretapping allegations give Zenga another shot at Grey.

Dovel told the reporter he would oppose Grey’s motion for a stay, saying that because Grey has been told he is not a target of the federal investigation, “there’s no reason why the case shouldn’t go forward.” Los Angeles Superior Court Judge Maureen Duffy-Lewis will hear both motions on June 1.