DARK LEGAL CLOUD LOOMS OVER TONIGHT'S EMMY AWARDS AS "MODERN FAMILY" FACES ALLEGATIONS OF RACISM, COPYTHEFT, BRIBERY, PERJURY, OBSTRUCTION OF JUSTICE AND RACKETEERING

The U.S. Circuit Court of Appeals for the Second Circuit has agreed to hear oral arguments from a Black man who has maintained for three years that he is the true creator of the Emmy award winning billion dollar hit television show "Modern Family." On October 2, 2012 the court will consider if Emmy winners Steven Levitan and Christopher Lloyd are possibly as the appellant claims "the Milli Vanillis of the television world," and whether they and others reworked his show entitled "Loony Ben" and retitled it "Modern Family" leaving the original, Black author impoverished. The fact that the court has scheduled a hearing indicates at least one member of the panel of judges deemed the appeal to have some merit.

In court documents the appellant-plaintiff has alleged that the defendants were motivated by extreme greed and "racial animus" and stole his show, and "trampled" his Constitutional rights, and used mafia style tactics, including committing perjury, bribery, obstruction of justice, racketeering and other violations of federal criminal law, in order to cover-up their alleged copytheft. The defendants' highly touted attorney has curiously chosen not to defend her clients or herself at the October 2 court hearing.

SOME INTERESTING FACTS ALLEGED BY THE PLAINTIFF CONCERNING THE DISPUTED SHOWS "MODERN FAMILY" AND "LOONY BEN"

1. Heretofore obscure actress, now Emmy nominated, international superstar Sofia Vergara's name appears on the plaintiff's proposed cast list filed with the U.S. Copyright Office and the Writer's Guild in 2006, starring as a fiery, temperamental, stunningly beautiful, divorced, Latina mother, with a thick accent, who entered into an age-disparate, marital relationship with a Caucasian man and became part of his exaggeratedly humorous, large, dysfunctional, multi-generational, multi-racial, pansexual extended family residing in present-day Los Angeles.

2. Video evidence was submitted to the court of credited co-creator Steven Levitan admitting that it has always been his philosophy and motto that "... you can steal a good story from anybody!"

3. The plaintiff cited well documented evidence to the court of credited co-creator Steven Levitan's racist views towards Blacks, specifically and his anti-diversity attitudes, in general, which the plaintiff maintains belie Levitan's claims that he ever would have independently created a show about racial acceptance and social inclusion.

4. The plaintiff cited well documented evidence to prove Rupert Murdoch's Fox Studios (which owns the disputed copyright to "Modern Family" even though oddly the show airs on ABC) had in the past acquired another television show from its true, original creators and simply bestowed "co-creator credit" and show-runner duties one year later on Steven Levitan.

5. The plaintiff submitted an internal corporate memo written by an ABC executive, which tends to indicate it is ABC's corporate mission to steal television shows from their original creators without ever paying them monetary compensation.

6. The exact words modern family appear consecutively in a revised treatment the plaintiff filed with the Writer's Guild in 2006.

7. The plaintiff cited "Modern Family" episodes to the court which include telling jokes about intellectual property/copyright theft and the desirability of cutting Blacks out of a written work, which the plaintiff claims could be taken as tantamount admissions by an enlightened jury.

8. Steven Levitan and Christopher Lloyd dissolved their production company and partnership the same week the plaintiff filed this lawsuit in the District Court, which the plaintiff claims could be taken as evidence tending to indicate guilt by an enlightened jury.

9. Both shows examine the same topics, including divorce, homophobia, ageism, racism, weightism, what constitutes normal, and the concept of the emergence of a new, "real," modern, American family.

10. The overall theme of both "Loony Ben" and "Modem Family" is that despite differences in age, ethnicity, sexual orientation, physical attractiveness or personality, underneath the anger, dissatisfaction, resentment, and dysfunction, the characters are, above all else, one big happy family bound together by an underlying sense of caring and love.

11. Both shows include a previously divorced, prejudiced, Caucasian grandparent character who oddly is a member of a large multi-racial family, yet expresses belief in racial stereotypes and sometimes drinks to cope with family members.

12. Both shows include a sexually ambiguous, adult-child, father character who thinks he's cool like a rock star and can not discipline his children and has psychological disorders including attention deficit disorder, claustrophobia etc...

13. Both shows include a character who has obsessive, compulsive disorder.

14. Both shows include two gay men in a committed relationship who rear a child together, one who is height-weight proportionate, the other who is heavyset is the more masculine figure.

15. Both shows include a stylishly dressed lawyer who graduated from Columbia Law School.

16. Both shows include a grandmother character who is feared by everyone and insults other characters' hair and weight.

17. Both shows include an Asian, female, minor child with (a) Caucasian parent(s) who dresses oddly.

18. Both shows include a Latino, male, minor child who is attracted to older women and has a Caucasian (step)father and a Latina mother.

19. Both shows include a very uninhibited lesbian character.

20. Both shows include a very domineering boss character.

21. Both shows include non-African American characters who speak Ebonics.

22. Both shows include incorrigible children.

23. Both shows include characters who are or feel they are Jewish.

24. Both shows include characters from Cleveland, Ohio.

25. Both shows include an outsider, a non-family member to whom (a) character(s) bear(s) his/their soul(s).