Robert Alexander Kaseberg of Carmel Valley has found the TBS show host and two associates elusive prey.
O’Brien has dodged being served notice of Kaseberg’s you-stole-my-jokes civil action — despite being seen by millions of viewers with thousands of studio-audience members.
O’Brien is well aware of the July 22 suit — lawyers for his production company and cable network filed a response Nov. 4 and again Monday, asking for a jury trial before federal Judge Janis Sammartino. But the case appears stalled until someone actually hands the redhead the legal papers.
On Friday, Kaseberg’s lawyers asked Sammartino for a 30-day extension of the 120-day deadline for handing the complaint and summons to O’Brien and two others.
“Plaintiff has properly effected service of process on Defendants Conaco, LLC, Turner Broadcasting System, and Time Warner Inc.,” the suit says. “However, plaintiff has been unsuccessful at serving defendants Conan O’Brien, Jeff Ross and Mike Sweeney, after numerous attempts.”
In a five-page motion, Jayson Lorenzo said his client, Kaseberg, couldn’t get close to O’Brien, “Conan” executive producer Ross and head writer Sweeney.
Carlsbad-based Lorenzo said he tried emailing O’Brien’s reps several times, but got no reply.
On Aug. 14, he sent a follow-up email to Leigh Brecheen, a lawyer for O’Brien who also has been an agent for Charlie Sheen.
“As a professional courtesy,” Lorenzo wrote, “my desire is to avoid having to serve Mr. Ross, Mr. Sweeney and Mr. O’Brien personally, and avoid the possibility of disrupting their workplace, home or have service effected in some other public place. Will you agree to accept service on their behalf?”
Lorenzo said the note went unanswered.
On Nov. 10, Kaseberg paid a visit to Warner Bros. Studios in Burbank, where “Conan” is taped.
“Plaintiff was advised that service could not be completed because
the server could not enter the gated Warner Bros. Studios property,” Lorenzo wrote.
Kaseberg then hired a private investigator to find service addresses for O’Brien, Ross and Sweeney, but none panned out.
Lawyers for Kaseberg did not immediately respond to a request for comment. Neither have attorneys for O’Brien, Conaco and TBS.
In any case, the legal Team Coco argues that Kaseberg’s tweets — the alleged source of the purloined jokes — “are not subject to copyright protection because they are not original, they lack copyrightable subject matter, and/or are works in the public domain.”
Even though the TV jokes aired shortly after the tweets, the O’Brien team says their own jokes were “independently created.”
The response also argues, “Plaintiff’s work is not sufficiently original to entitle it to copyright protection, as it is composed merely of scènes à faire information.”
He sought a restraining order barring O’Brien from using his material on Twitter and his blog, plus at least $600,000 in damages and other costs. Kaseberg, 57, also wants a jury trial.
Four jokes from January through June 2015 were stolen, according to the suit.
The legal hassles haven’t slowed Kaseberg’s Twitter output. He continues to tweet jokes daily, with his latest being:
Of Twitter, Trump said; “I’m the Ernest Hemingway of 140 characters.” Hemingway said; “I am the rotisserie chicken of spinning corpses.”
— Alex Kaseberg (@AlexKaseberg) November 24, 2015