Tom Cruise, Bert Fields win dismissal of Pellicano wiretapping suit

By Steve Pond

LOS ANGELES (TheWrap.com) - Tom Cruise and attorney Bert Fields have won a summary judgment dismissing a lawsuit filed by former Bold magazine editor Michael Davis Sapir, who claimed Cruise and Fields had hired private investigator Anthony Pellicano to wiretap him.

In a hearing at the Central Civil West courtroom in Los Angeles, Judge Elihu M. Berle ruled that the statue of limitations had expired on Sapir's claim.

The statue of limitations argument was one of four grounds on which the defendants' lawyers had argued for dismissal - but defendants' attorney Brian A. Sun of the Jones Day law firm told TheWrap that Berle dismissed the case on those grounds alone and didn't consider the other arguments.

In 2001, Sapir offered a $500,000 reward to anyone who could produce video evidence that Cruise was gay. When he issued a subsequent press release claiming to have obtained such a video, Cruise filed a $100 million defamation suit. That case was settled in November 2001, with Sapir publishing a retraction, saying it was someone else in the video.

Sapir later claimed that at the time the 2001 suit was ongoing, he was investigated by Pellicano at the behest of Cruise and Fields. He charged that his phone was wiretapped by the controversial Hollywood investigator, who is currently serving time in a Texas prison on racketeering and wiretapping convictions.

But Sapir did not file his $5 million lawsuit against Cruise and Fields until December 2009, well after the statue of limitations in the California Code of Civil Procedure had expired.

The defendants' lawyers also argued that Cruise, Fields and the Greenberg Glusker Fields Claman & Machtinger LLP law firm, also a defendant in the case, did not hire Pellicano to work on the Sapir case; that Sapir had no evidence that Pellicano had tapped his phone; and that in the 2001 settlement Sapir agreed not to make any further claims against Cruise and Fields.

Those arguments, according to Sun, are now moot, unless Sapir appeals and wins.

(Pamela Chelin contributed to this report)

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Rapper Lil Wayne says he is fine after health scare

LOS ANGELES (Reuters) - U.S. rapper Lil Wayne said on Friday he was fine and thanked fans for their concern after a reported seizure that led celebrity website TMZ.com to claim he was in a medically induced coma and near death.

"I'm good everybody. Thx for the prayers and love," Wayne said in a Twitter message on his official account.

The 30-year-old rapper's spokeswoman Sarah Cunningham said in an email that "Lil Wayne is recovering," but did not specify what he was suffering from.

She was responding to a TMZ.com report citing unnamed sources which said Wayne was in critical condition, and near death, at Cedars-Sinai hospital in Los Angeles.

Rapper Mack Maine said in a Twitter posting earlier that Wayne was "alive and well. We watching the Syracuse (basketball) game...thanks for the prayers and concern."

Maine said fans should not "believe the nonsense about comas and tubes to breathe."

TMZ said the rapper was admitted to Cedars-Sinai for seizures and released on Wednesday. But the website said he was readmitted a few hours later after his bodyguard found him unconscious on the floor of his room. It said his mother was flying to Los Angeles on Friday to be at his bedside.

Wayne, whose real name is Dwayne Michael Carter Jr., has suffered several unexplained seizures in the past few months, including two in January while on a plane flight.

Wayne, a native of New Orleans, began rapping at the age of nine, when he became the youngest artist to be signed by Cash Money record label.

The "Got Money" rapper has released nine studio albums over a two decade career and has become one of the biggest names in rap music.

(Reporting By Piya Sinha-Roy, editing by Jill Serjeant and David Brunnstrom)

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TV journalist Anderson Cooper honored by gay media watchdog

By Chris Michaud

NEW YORK (Reuters) - Pop star Madonna on Saturday presented CNN anchorman Anderson Cooper with a gay media watchdog's top honors in recognition of his stature and accomplishment as an openly gay journalist.

"Love thy neighbor as thyself," she said, decrying anti-gay bullying that sometimes has led to suicide. "It's an atrocity to me, and I don't accept it," she added to enthusiastic applause.

The annual Vito Russo Award is named after the activist and film historian who was one of the founding member of media watchdog group GLAAD, the Gay and Lesbian Alliance Against Defamation.

"I am only here tonight because I've benefited from what they and so many others have done," said Cooper, who came out last summer, referring to activists like Russo and Larry Kramer.

The newsman said that "being gay is certainly one of the greatest blessings" of his life, adding that "it opened my head and heart in ways that I never could have predicted."

Past winners have included Suze Orman, Rosie O'Donnell, Elton John and Tom Ford.

Film director Bret Ratner received the ignoble Ally Award, a little over a year after he used a pejorative term for gays at a news conference promoting his stint producing the Oscars.

He quickly stepped down, then worked with GLAAD on a pro-gay public service announcement campaign.

In other awards handed out at the 24th annual ceremony, NBC's "Smash" was named outstanding television drama, and the film about 1980s AIDS activists, "How to Survive a Plague" won for outstanding documentary.

CBS' "The Amazing Race," which has been won by gay couples during its long run, received the award for reality program, while MSNBC's "Being Transgender in America" and "Good Morning America's report "Obama Endorses Marriage Equality" won awards for television journalism.

The Boston Globe, Rolling Stone magazine, City Pages' Andy Mannix, The New York Times' Frank Bruni and The Advocate/Out were among winners for print journalism. "The Whale" and "From White Plains" took the theater honors.

Awards also went to Spanish media including Telemundo, People en Español, voces.huffingtonpost.com and ElDiarioNY.com.

(Editing by Xavier Briand)

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Justin Timberlake puts the sexy into married life in new album

By Piya Sinha-Roy

LOS ANGELES (Reuters) - After making the transition from child star and boy band heartthrob to movie star, Justin Timberlake is returning to music with his first album since 2006, cementing his grown-up status with a record inspired by his new marriage.

Timberlake, 32, officially releases "The 20/20 Experience" on Tuesday. But the 10-track record of smooth love songs with a throwback R&B sound is already No. 1 on the iTunes charts after it was streamed online last week.

The album is Timberlake's first since "FutureSex/LoveSounds" which spawned hit pop singles "Sexyback" and "What Goes Around...Comes Around."

Although lead single "Suit & Tie," featuring rapper Jay-Z, failed to meet sales expectations on its first week of release in January, the album is expected to sell well following weeks of promotion including a Grammy Awards show performance and a stint by Timberlake on TV sketch show "Saturday Night Live."

Industry sources cited by Billboard said "The 20/20 Experience" could sell 500,000 copies in its first week, and easily give Timberlake the No. 1 spot on the Billboard 200 album charts.

"The 20/20 Experience" sees Timberlake embracing his status as a married man after his wedding to actress Jessica Biel in October 2012.

The singer draws on lazy summer romances for the majority of his songs, with slow-tempo swing rhythms on tracks such as "Pusher Girl Love," where Timberlake describes his addiction to a girl.

Jason Lipshutz at Billboard magazine gave the album an 88 out of 100 rating, saying that while the singer did not replicate the edgy pop sounds of earlier hits on his "FutureSex" album, he "has offered us something more complicated, although no less accessible."

Rolling Stone magazine's Jody Rosen praised the singer for being "such a charismatic and effortlessly appealing singer, dancer and showman," and called the album "Timberlake's neo-soul record."

FROM HEARTTHROB TO ENTREPRENEUR

Timberlake has barely put a foot wrong in his transition from child star in the "Mickey Mouse Club" to popular boy band N'Sync, through to solo entertainer, actor and entrepreneur.

He has appeared in movies "The Social Network" and "Bad Teacher;" launched his own record label, Tennman Records; added clothing designer to his credits with label William Rast; and invested in social networking site MySpace.

His all-rounder status was showcased last week on "Saturday Night Live," where he sang, danced and acted - and boosted ratings for the NBC show to a 14-month high.

In July he will embark on a "Legends of the Summer" tour of North American stadiums along with Jay-Z, and the pair will headline a London music festival in the same month.

While "Don't Hold The Wall" - a steamy dance floor track with explicit connotations - harkens back to Timberlake's "Sexyback" days, Biel is often at the forefront of the singer's mind in the new album. "That Girl" is a sweet throwback R&B love song, while new single "Mirrors" is an ode to his new wife.

Los Angeles Times reviewer Mikael Wood gave the album three out of four stars, saying "Timberlake holds (the album) together too, with lyrics that stay resolutely on the topic of romance."

Not all critics are swooning. Alexis Petridis of Britain's Guardian newspaper gave "The 20/20 Experience" three out of five stars, but slammed Timberlake's lyrics, which he called "awful."

"It's not that the lyrics are exclusively about sex; it's that Timberlake writes about it in a way that suggests he's desperate to add some kind of musical equivalent of the Bad Sex award to his six Grammys and four Emmys," Petridis said.

(Reporting By Piya Sinha-Roy; Editing by Jill Serjeant and Mohammad Zargham)

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"It Takes a Thief" star Malachi Throne dead at 84

By Tim Kenneally

LOS ANGELES (TheWrap.com) - Malachi Throne, who played Robert Wagner's boss Noah Bain in the 1960s series "It Takes a Thief" among many other roles during a long career, Throne's agent told TheWrap on Friday. He was 84.

"Supernatural" and "Justified" actor Jim Beaver, posted news of Throne's death on his Facebook page Thursday, writing, "My good friend Malachi Throne died last night. One of the finest actors and finest people I've been fortunate enough to know."

Theatre West, a Los Angeles-based theater company, also noted Throne's death, writing, "Theatre West says goodbye to our good friend and colleague Malachai Throne 1928-2013" on its website.

Neither Beaver or Theatre West stated the cause of Throne's death.

Born December 1, 1928 in New York City, Throne was an early convert to show business, first appearing on stage at age 10 as Huckleberry Finn, in a production of "Tom Sawyer" by the New York Parks Department.

He became a familiar face on television through numerous guest appearances on series including "Ben Casey, "The Fugitive," "The Man From U.N.C.L.E.," "Hogan's Heroes" and "Mannix."

Throne's television roles also included the villain False Face on the "Batman" series, a character who used disguises when evil-doing and a semi-transparent mask when he wasn't committing crimes.

In later years, Throne would appear on "Star Trek New Voyages: Phase II" as well as "The West Wing." He would also provide voice work for series such as "Batman Beyond," "Avatar: The Last Airbender" and "The New Batman Adventures."

(Editing by Chris Michaud)

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Rap artist Tone Loc collapses on stage in Iowa: reports

NEW YORK (Reuters) - Grammy-winning rapper Tone Loc reportedly collapsed on stage late Saturday night during a performance in Des Moines, Iowa.

Amateur video posted Sunday on the Des Moines Register newspaper website showed several emergency personnel kneeling over a prone body on a stage at the Bridge Bash, a St. Patrick's Day concert featuring Loc and other hip hop artists.

The condition of Loc, who was born Anthony Terrell Smith, was not known on Sunday. A representative did not immediately return a call for comment.

The newspaper said on Sunday that several news staffers attending the event reported that Loc completed a song and then fell onto the stage. The audience was ushered out of the stage area about five minutes later, according to the report.

The singer, whose hits include "Funky Cold Medina" and "Wild Thing," collapsed on stage in Florida in 2009 and in Atlanta in 2011, according to NBC News.

Loc burst onto the music scene in the late 1980s. He received two Grammys in 1990 for Best New Artist and Best Rap Solo Performance. He has also starred in more than a dozen movies, including "Ace Ventura: Pet Detective" and "Heat."

(Reporting By Chris Francescani; Editing by Cynthia Osterman and Bill Trott)

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Soccer: I may have played with new Pope, Di Stefano says

MADRID (Reuters) - Alfredo Di Stefano may have kicked a ball about with Argentine compatriot Jorge Mario Bergoglio, who was elected Pope Francis I last week, when they were growing up around the same time in Buenos Aires, the Real Madrid great has said.

Di Stefano, who is just over 10 years older than the 76-year-old Bergoglio, wrote in his regular column in sports daily Marca on Monday that the pair had gone to the same school and lived close to each other in the Argentine capital.

"As you can imagine his election filled me with enormous joy," Di Stefano wrote.

"The Pope was probably one of those kids with whom I played football in the street," he added.

"In the neighborhood we put together proper matches with everyone against everyone until it got dark.

"You'll have to ask him because at that time I was the famous one, from when I was very small, as I belonged to the River Plate youth academy, everyone knew me."

Di Stefano is widely considered one of the greatest players of all time and helped to turn Real Madrid, the La Liga club he joined in 1953, into one of the world's leading sides.

One of Pope Francis's predecessors, John Paul II, who died in 2005, was a goalkeeper in his youth.

(Reporting by Iain Rogers, editing by Clare Fallon)

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British actor Frank Thornton of "Are you Being Served?" dies, 92

LONDON (Reuters) - British actor Frank Thornton, who played the pompous Captain Peacock in the television department store sitcom "Are You Being Served?", has died aged 92, his agent said on Monday.

David Daly said Thornton died peacefully in his sleep at his home in Barnes, London, on Saturday.

Thornton, who mainly played comedy roles, was also known for his role as Truly in "Last of the Summer Wine" and starred in comedies such as "Hancock's Half Hour", "The Goodies" and "Steptoe and Son".

Thornton was best known for his role of Captain Stephen Peacock, an uptight store walker who bragged about his wartime exploits in "Are You Being Served?".

The sitcom, packed with double entendres and sexual innuendoes, ran for 13 years from 1972 and was based in the fictional London department store Grace Brothers.

The series became popular in the United States on PBS stations and on BBC America, as well as in many Commonwealth nations around the world.

Thornton is survived by his wife of 67 years, Beryl, daughter Jane and three grandchildren.

"I have been Frank's agent since 1986 and he has been the most wonderful client as well as being a great friend. He will be sorely missed," Daly said in a statement.

(Reporting by Belinda Goldsmith; Editing by Jon Hemming)

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Paternity suit dropped against basketball legend Michael Jordan

By David Beasley

ATLANTA (Reuters) - An Atlanta woman who says basketball legend Michael Jordan is the father of her 16-year-old son has dropped her paternity suit against him.

Pamela Smith, 48, filed a paternity suit against Jordan last month seeking child support. Jordan denies he is the father of the child and has also filed a counterclaim seeking sanctions against Smith for making false claims.

Smith acknowledged in a previous divorce proceeding that her now ex-husband is the father of the child, according to Jordan's lawyers.

The case has not been settled, Smith's attorney, Randy Kessler, told Reuters on Monday. His client has voluntarily dismissed the case "without prejudice" which means she can re-file it later if she chooses, Kessler added.

"She began this case without an attorney and did her best to file what she believed to be a legally appropriate case," Kessler said.

"She then hired our firm just before the first court appearance. Ms. Smith has relied on our advice and determined that dismissal at this time, without prejudice, is in her son's best interests," he said.

In a statement, Estee Portnoy, Michael Jordan's spokeswoman, confirmed that the suit has been dropped and said, "There has been no settlement or money paid to Ms. Smith."

Jordan, 50, is widely hailed as the best basketball player of all time and was a member of six NBA championship teams with the Chicago Bulls. He is majority owner of the NBA's Charlotte Bobcats team.

John Mayoue, Jordan's attorney, did not immediately return a phone call seeking comment on the case.

Last week, Smith asked a Georgia court to force Jordan to submit to a DNA test to prove or disprove whether he is the father.

"My son has the right to know who his father is," Smith told reporters after the hearing. "He has had an issue with it over the years."

(Editing by David Adams and Andrew Hay)

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Lindsay Lohan avoids jail in plea deal, gets 90 days in rehab

By Eric Kelsey

LOS ANGELES (Reuters) - Actress Lindsay Lohan avoided jail on Monday but was ordered to spend three months in a locked rehabilitation facility and undertake 30 days of community labor in a plea bargain over charges arising from a June car crash.

Los Angeles Superior Court Judge James Dabney said Lohan, whose once promising Hollywood career has been wrecked by legal woes and erratic behavior, must also undergo psychotherapy for 18 months and sentenced her to two years' probation.

The plea deal was struck on the first day of a scheduled trial when the 26-year-old "Mean Girls" actress agreed to plead no contest to charges that she lied to police when she said she was not behind the wheel after her Porsche sports car smashed into a truck on June 8, 2012, in Santa Monica, California.

Lohan, who is still on probation for a 2011 conviction for stealing a necklace, had faced the prospect of being sent to jail if she was convicted on the latest charges, or if she was deemed to have violated the terms of her 2011 probation.

Under Monday's plea bargain, however, she was given a suspended 180 day jail term that will not be invoked unless she violates the terms of the agreement with prosecutors. It was announced after prosecutors and Lohan's attorney met with Dabney in chambers for more than two hours before the trial opened.

Dabney told Lohan, who spends much of her time in New York City, to stay out of cars and out of trouble.

"A suggestion: Don't drive. You're in New York, you don't need a car. ... This is it. If you violate your probation we're not going to be having these discussions," Dabney said after reading out the plea agreement.

LOHAN ATTORNEY HAPPY WITH DEAL

Lohan left court without speaking to reporters, but her attorney, Mark Heller, told reporters he was happy with the deal.

"I'm very, very satisfied with the results today ... I think that the prosecutors treated her fairly. I'm very confident that you won't be seeing Lindsay Lohan in any criminal courts any time in the future," Heller said.

"Today marks the first day of the rest of her life and her comeback is before her," he said.

Lohan's father, Michael, heckled Heller during his news conference and accused him of lying to the actress and keeping her in the dark about the plea agreement.

The actress has been jailed or placed under house arrest for short periods numerous times since 2007, including three times in 2011. She has also spent at least five periods in rehab in the last six years.

She underwent court-ordered psychological counseling in 2012, and has claimed in numerous TV and magazine interviews that she is a changed woman and understands her past mistakes.

Lohan arrived 45 minutes late for her trial on Monday after taking an overnight flight to Los Angeles from New York and dashing through rush-hour traffic to the courthouse.

She had previously pleaded not guilty to reckless driving, obstructing police, and lying to police about who was driving the car in Santa Monica in June 2012.

Lohan made her name as a cute, freckled 11-year-old in Disney's 1998 movie "The Parent Trap" and went on to find commercial and critical success in films like "Freaky Friday" and "Bobby."

But she has not made a feature film since the independent thriller "Machete" in 2010. Her last effort - a comeback performance as late actress Elizabeth Taylor in the TV movie "Liz & Dick" in November - was largely panned by critics.

(Reporting By Eric Kelsey, Editing by Jill Serjeant, Mohammad Zargham and Paul Simao)

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