Q: How do I read the books in historical order?

A: The current series, the A.D. Chronicles, details the life of Christ.
The A.D. Chronicles series--First Light, Second Touch, Third Watch, Fourth Dawn. Fifth Seal. Sixth Covenant, Seventh Day and (soon!) Eighth Shepherd (and more to come!)

The 12 titles contained within the 4 Legends of the West volumes are all stand alone westerns.

The Galway Chronicles date from 1840's Ireland.
The Galway Chronicles series--Only the River Runs Free, Of Men and of Angels, Ashes of Remembrance, All Rivers to the Sea

The 20th century novels should be read as follows--Shiloh Legacy series, Shiloh Autumn, Zion Covenant series, Zion Chronicles series, Zion Legacy series.

The Shiloh Legacy series--In My Father's House, A Thousand Shall Fall, Say to this Mountain

Shiloh Autumn

The Zion Covenant series--Vienna Prelude, Prague Counterpoint, Munich Signature, Jerusalem Interlude, Danzig Passage, Warsaw Requiem, London Refrain, Paris Encore, Dunkirk Crescendo

The Zion Chronicles series--Gates of Zion, A Daughter of Zion, Return to Zion, A Light in Zion, Key to Zion

The Zion Legacy series--Jerusalem Vigil, Thunder from Jerusalem, Jerusalem's Heart, The Jerusalem Scrolls, Stones of Jerusalem, Jerusalem's Hope (Zion Legacy titles 4,5 and 6 lead directly into the A.D. Chronicles)

Q: Which of your characters are real?

A: All of our characters are based on real people. Some, like Winston Churchill, are historical personages, presented as they actually appeared. Others, like Moshe Sachar, are based on people we interviewed, only with their names changed. Some others are composites, meaning they are based on two or more real people.

Q: Is the Franz von Stuck painting real?

A: Yes and its creation is as described.

Q: How do you pronounce T-H-O-E-N-E and what is its origin?

A: It's pronounced Tay-Nee and it's Swiss German

Q: What is the message of the AD CHRONICLES?

A: Haven't you ever wished to sit in a room with Jesus? To be able to pour out your heart, your questions, your concerns to Him and be able to see and hear His response? So have we! That's the premise behind the AD CHRONICLES.

The people of Galilee and Judea, no matter how briefly mentioned in scripture, were real folks. They had families. They had problems and concerns. The had hopes, and fears, and dreams. They had lives both before and after their momentary meetings with the Lord.

Because the AD CHRONICLES are set in the time of Jesus and involve characters who had personal encounters with Him, they are the most important books we've ever written. After forty some historical novels (prior to the AD books) we have finally lived long enough, been through enough, and experienced enough answered prayer to be ready to write these stories.

(Q&A adapted from FaithfulReader.com, Nov. 2003)

Q: What motivates your writing?

A: Do you have several days to hear what God has put on our hearts?

Seriously, here is just the first thing that leaps to mind:

One of the premises of the AD CHRONICLES is that everything means something. No single word of scripture was selected just because it worked as well as another. Just as we believe that there are no accidents and no coincidences, so we believe that scripture has layer upon layer of profound meaning.

First Century believers understood Gospel references without resorting to commentaries and concordances and Bible dictionaries. But 2000 years of cultural and historical debris obscures those references. It's not that anything essential to salvation has been lost; no secret, private revelation here! It's more like this----if you say you believe in, love and trust the Lord Jesus Christ, don't you want to know everything about Him? If He is your best friend, don't you want to fill yourself up with how He lived, what it was like when He was physically present on earth? So do we!

And by digging into ancient sources and studying Hebrew and Greek texts of scripture, you can get deeper and deeper insight. (And this digging is what we do every morning in our study and prayer time.)

Take just one example: Most believers, when reminded that Jesus was born in Bethlehem, instantly understand the connection explained in the gospels that Jesus was a descendent of King David, the heir to David's throne. Naturally He would be born in Bethlehem.

But is that all? Not by a long shot! You see, Bethlehem was the exact place where the lambs for Temple sacrifice were raised! Where else could the Lamb of God who takes away the sin of the world be born? Do you see it? The shepherds---watching their flocks by night---weren't just thinnking about how much per pound they could get in the meat market. They were servants of the Most High God, dedicated to bringing perfect, spotless, unblemished lambs to the Temple. No wonder they heard it first! No wonder they spread the news of  what the angels announced to them!

Can you tell how excited we get about what we're learning? And it's all still there, just needing a little time and effort to uncover.

(Q&A adapted from FaithfulReader.com Nov.2003)

Q: Are there common themes that run through all the series?

A: Absolutely!

Here's one: there are really only two groups on this planet---the saved and the lost. Any other division is artificial and inspired by the father of lies to divert us from our calling to preach the good news. Loving God with all our hearts, souls, minds and strength is not possible if we violate the next commandment Jesus cited--to love our neighbor as ourselves. There's no wiggle room in that instruction. We don't get to pick and choose which neighbors we'll love because they're the right church affiliation, or color, or creeed, or nationality.

Then there's this: We say to everyone who reads, "No matter what you've done, who you've been, how far from God you think you are---there is hope for you. There is forgiveness for you. There is acceptance for you."

God showed His love toward us by having His Son, Jesus, Yeshua, die for us while we were still His enemies. Still His enemies! That means there's hope for everyone, and more importantly, for ANY one---YOU!

No one has ever dug a hole so deep or built a wall so high that Jesus cannpot reach down or over and say, "Come here, friend. Let me show you what forgiveness and love really feel like."

Baruch atem b'Shem Yeshua (blessings in the Name of Jesus)

(Q&A adapted from FaithfulReader.com Nov. 2003)

Q: WHAT 5 BOOKS (BESIDES THE BIBLE) HAVE HAD THE GREATEST IMPACT ON YOU?

A:
It isn’t really possible to only identify only five (maybe five in each of twenty different categories!) but here are some we consider essential---
Portraits of Christ in Genesis by M.R.DeHaan ---a beautiful exposition of how ALL scripture foreshadows the coming of Jesus
The Life and Times of Jesus the Messiah by Alfred Edersheim---a great starting point to learn more about the culture in which Jesus lived and the richness  of the tapestry of Jewish life.
Strong’s Exhaustive Concordance—no one who wants to be a student of scripture can hope to even begin to study without this volume (Important note—choose a version that matches the  Bible translation you use most often)
Hebrew-English Interlinear Bible—reading the original Hebrew alongside the English translation clarifies otherwise obscure references and enhances the student’s ability to spot meaningful repetitions and word plays
Jewish New Testament Commentary by David H. Stern—a terrific place for a beginning  student to immerse him or herself in the Jewishness of Jesus

Q: HOW DO YOU ENCOURAGE PEOPLE TO READ MORE?

A: Do you know the phrase, ‘We stand on the shoulders of giants?’
Nowhere is that more true than in reading the Holy-Spirit driven insights into Scripture given to Christian men and women for the past 2000 years. Don’t you want to know how Early Church leaders addressed questions and problems? You still can…by reading their works! Are you wrestling with issues of faith? So did they, and they wrote about their struggles and the answers they received.

Q: HOW DID YOU GET STARTED WRITING CHRISTIAN FICTION?

A:   
We love Jesus, we love history and we love each other!
God prepared us for this work even before we knew where He was leading. If we wanted to create a fictional husband-and-wife team of historical novelists, we might very well make him a historian and her a journalist…and that’s what God knew about us 35+ years ago. We don’t have time here to go thru how God led us into learning about discipline thru newspaper work or into story-crafting by our association with John Wayne…but those experiences, together with the encouragement of Nana…Bodie’s mother…Bettie Rachel Turner…launched us into writing Christian fiction

Q: WHAT IS YOUR MAIN GOAL IN WRITING?

A:
Right now, with the AD CHRONICLES, it can be stated this way—everything in Scripture means Jesus! No story, no event, no instruction is included there by coincidence. Every word points to the life and mission of Yeshua the Messiah. This premise means that we examine everything we write based on the lives of real people recorded in the Bible, constantly asking ourselves---‘Where does this fit? What is the message about the Son of God in this passage?’ Then we do our best to impart the excitement and reverence we experience to the reader.

Q: WILL MY LETTER APPEAR ON YOUR WEBSITE AS WRITTEN?

A: WE SOMETIMES EDIT FOR LENGTH OR CONTENT. IF YOU DON'T WANT YOUR LETTER TO APPEAR HERE, JUST LET US KNOW AND WE'LL REMOVE IT.

Q: Where can I purchase autographed copies of Thoene books?

A:

All personally autographed Thoene Family books are available for immediate free shipping  from www.FamilyAudioLibrary.com

Q: WHAT ARE THE DETAILS OF THE LAWSUIT BETWEEN YOU AND NEW LINE CINEMA AND TYNDALE HOUSE PUBLISHING?

A: ANSWER:    One year after New Line Cinema filed a harassment lawsuit  against the Thoenes for "UNFAIR COMPETITION"    in order to intimidate them,   Brock and Bodie Thoene,  with deep regret,  filed a countersuit in their own defense,   against New Line Cinema and their ally,  Tyndale House Publishers.    
    The details of the suit are listed below.  
This action edifies no one. It blesses no one.  It is posted on this site simply as information for the many Thoene readers and friends who have heard of  the New Line Cinema and Tyndale House alliance against the Thoenes and their work.  

Brock and Bodie Thoene have sought a resolution to this conflict for over a year, according the scriptural principles.






NEW LINE PRODUCTIONS, INC., NEW LINE DISTRIBUTION, INC., NEW LINE HOME ENTERTAINMENT, INC., NEW LINE NEW MEDIA, INC. and NEW LINE TELEVISION, INC.,
Plaintiffs,
v.
WILLIAM BROCK THOENE AND ROBERTA BODIE THOENE,
Defendants.    Case No. CV 07-5655-GW(AGRx)

WILLIAM “BROCK” THOENE AND ROBERTA “BODIE” THOENE’S THIRD-PARTY COMPLAINT AND AMENDED COUNTERCLAIM FOR COPYRIGHT INFRINGEMENT AND INTERFERENCE WITH CONTRACT AND PROSPECTIVE ECONOMIC ADVANTAGE
DEMAND FOR JURY TRIAL

WILLIAM BROCK THOENE AND ROBERTA BODIE THOENE,

Counterclaimants,

v.

NEW LINE PRODUCTIONS, INC., NEW LINE DISTRIBUTION, INC., NEW LINE HOME ENTERTAINMENT, INC., NEW LINE NEW MEDIA, INC. NEW LINE TELEVISION, INC., and
NEW LINE CINEMA CORPORATION



Counterdefendants.   
WILLIAM BROCK THOENE AND ROBERTA BODIE THOENE,

Third-Party Plaintiffs,

v.

TYNDALE HOUSE PUBLISHERS, INC.,

Third-Party Defendant.   
 
THIRD-PARTY COMPLAINT AND AMENDED COUNTERCLAIM




Third-Party Plaintiffs and Counterclaimants William “Brock” Thoene and Roberta “Bodie” Thoene (collectively, the “Thoenes”) state and allege as follows:
1.    The Thoenes reference and incorporate their Answer To The Amended Complaint as if fully set forth herein.
2.    The Thoenes seek a declaratory judgment, an injunction, actual damages and profits by reason of copyright infringement and interference by Plaintiffs and Counterdefendants New Line Productions, Inc., New Line Distributions, Inc., New Line Home Entertainment, Inc., New Line Home Entertainment, Inc., New Line Media, Inc. and New Line Television, Inc, and Counterdefendant New Line Cinema Corporation (collectively, “New Line” or “Defendants”) and Third-Party Defendant Tyndale House Publishers, Inc.
3.    On information and belief, New Line Productions, Inc., New Line Distributions, Inc., New Line Home Entertainment, Inc., New Line Home Entertainment, Inc., New Line Media, Inc. New Line Television, Inc, and New Line Cinema Corporation are alter-egos of each other, and adhering to the fiction that some separateness has existed or now exists among them would promote injustice and/or sanction a fraud.
4.    Additionally, on information and belief, each of the Defendants was the agent of each of the remaining Defendants and that, in doing the things hereinafter alleged, each was acting within the course and scope of such agency with the advance knowledge, acquiescence, or subsequent ratification of each and every remaining Defendant.
5.    On information and belief, New Line Cinema Corporation is a Delaware corporation with an address at 116 N. Robertson Blvd., Los Angeles, California, 90048.  New Line Cinema Corporation purports to own the copyright registration for the novelization of the film “The Nativity Story.”
6.    On information and belief, Tyndale House Publishers, Inc. (“Tyndale”) is a Delaware corporation with an address at 351 Executive Drive, Carol Stream, Illinois, 60189. 
JURISDICTION AND VENUE
7.    This Court has subject matter jurisdiction of the Counterclaim, Crossclaim, and Third-Party Complaint under 28 U.S.C. §§ 1331 and 1338, under 17 U.S.C. § 101, et seq., and the Court has supplemental jurisdiction over non-federal claims under 28 U.S.C. § 1367.  Venue is proper in this district, in part, because a substantial part of the events giving rise to the Thoenes’ counterclaim occurred in this district.
8.    This Court has personal jurisdiction over Tyndale because it regularly does business in California.  Tyndale sells books throughout the United States, including into California.  Tyndale operates a website through which it sells books throughout the United States, including into California. 
ALLEGATIONS COMMON TO ALL CLAIMS
9.    The Thoenes are a husband and wife team.  Together they write Christian historical fictional novels.  They wrote a series entitled the “Zion Legacy” series, which included published books entitled Jerusalem's Hope and Stones of Jerusalem.  They currently are writing a series of works called the “A.D. Chronicles,” focusing on the time period around the biblical story of the nativity.  This series includes Fourth Dawn, Fifth Seal, and Sixth Covenant, which have been published.  Tyndale publishes and distributes the A.D. Chronicles, including Fourth Dawn, Fifth Seal, and Sixth Covenant. 
10.    The Thoenes are co-owners of the copyrights to the Zion Legacy series, including Jerusalem’s Hope and Stones of Jerusalem.  The Thoenes also are co-owners of the copyrights to the A.D. Chronicles, including Fourth Dawn, Fifth Seal and Sixth Covenant (the “Nativity Trilogy”).  The books in the Zion Legacy series and the A.D. Chronicles, including the Nativity Trilogy have been registered with the United States Copyright Office.
11.    On information and belief, as the Thoenes’ publisher, Tyndale,  Ron Beers, and other employees and/or agents of Tyndale are intimately familiar with the Thoenes’ works and admit that they have read the Zion Legacy series and the A.D. Chronicles. 
12.    The story of the Nativity that appears in the Bible is short and contains few details.  In writing the Zion Legacy series and the A.D. Chronicles, the Thoenes performed extensive research.  Their works reflect their creative efforts to create characters, background stories, and themes and to weave them together in a compelling and unique way.
13.    In 2002, the Thoenes submitted a proposal in confidence to Beers and others at Tyndale for a series of short books referred to and trademarked as “The Little Books Of Why.”  One of the books in this series was to be entitled “Why a Manger?”  The Thoenes and Tyndale were unable to reach an agreement to publish the “The Little Books Of Why?”.
14.    During the summer of 2006, the Thoenes negotiated and signed agreements with The Parable Group (“Parable”), an owner and franchiser of and a supplier to Christian bookstores, to publish and market certain books in the “The Little Books of Why” series. 
15.    In May 2006, the Thoenes learned from Parable that New Line was planning to release a film entitled “The Nativity Story” (the “Film”) in December 2006.  On information and belief, Parable and Outreach Inc., a provider of outreach goods and services to Christian churches, were promoting “The Nativity Story” with the agreement and encouragement of New Line.  Parable and Outreach asked the Thoenes to assist with the promotion of the Film in return for assistance in promoting the first of “Little Books Of Why,” a book titled, “Why a Manger?”.
16.    As part of the marketing plan, Parable, Outreach, and the Thoenes agreed that the Thoenes would be invited to participate in telephone conferences with pastors to discuss the Film and “Why a Manger?,” to attend the National Outreach Conference in November 2006, to attend the pre-screening of the Film at the Conference, and to promote “Why a Manger?” at the Conference. 
17.    The Thoenes informed Beers at Tyndale that they were publishing ”Why a Manger?” with Outreach and Parable for use in connection with the Film.
18.    The Thoenes suggested to Beers that the release of the Film would be a good opportunity to promote the Nativity Trilogy.  Beers responded by disclosing to the Thoenes that Tyndale had contracted with New Line to publish a novelization drawn from the screenplay for “The Nativity Story” (the “Novelization”), that Tyndale had selected another author to write the Novelization, and that New Line would not permit Tyndale to use the Film for promotion of the Thoenes’ books (despite the Thoenes’ agreement to use “Why a Manger?,” and their own notoriety and following to help promote the Film).
19.    Shortly thereafter, the Thoenes heard from others that at least one version of “The Nativity Story” screenplay appeared to have substantial similarities to unique, creative elements of the Nativity Trilogy.  New Line credited Mike Rich as the author of the screenplay for the Film.  From their own research, the Thoenes learned from various web logs and postings that New Line had circulated versions of its screenplays to movie reviewers to generate advance publicity for the film.
The Thoenes raised their concerns about the existence of troubling similarities to Beers and requested that a written comparison be done of their works against “The Nativity Story” screenplay.  Upon information and belief, a comparison was performed, but Beers refused to provide the comparison to the Thoenes, claiming that he was bound by a non-disclosure agreement with New Line that prevented him from providing the comparison.
20.    Getting no satisfactory proof that the reports were unfounded, the Thoenes sought to obtain the screenplay so they could assure themselves that any reports of substantial similarity were unfounded.
21.    The Thoenes’ attorney wrote to New Line requesting a copy of the screenplay.  The Thoenes’ attorney exchanged letters with New Line over a period of several months before being advised that New Line referred the correspondence to attorneys in New York.  The Thoenes even offered to sign an agreement that they would not disclose the screenplay if it was provided.  Nevertheless, despite having circulated the screenplay to movie reviewers, New Line refused to provide a copy of the screenplay.  Instead, New Line filed the present Declaratory Relief Action.
22.    In early August of 2006, the Thoenes were invited by Parable and Outreach to participate in two teleconferences in September with several hundred pastors to promote “The Nativity Story.”  As discussed above, the telephone conferences also gave the Thoenes an opportunity to promote their own book, “Why a Manger?”  The Thoenes participated in the teleconferences from Parable’s offices in San Luis Obispo, California.  The Thoenes received enthusiastic praise from Outreach for their participation in the telephone conferences.
23.    On information and belief, New Line thereafter instructed Outreach to exclude the Thoenes from further participating in the telephone conference calls.  Despite Outreach’s positive feedback, the Thoenes were not asked to participate in any subsequent telephone conferences with pastors.  Instead, Outreach included Dr. David Jeremiah, another Christian author who was then working with Tyndale and Beers to produce a book about the Nativity.
24.    In August 2006, Parable and Outreach planned to arrange for the Thoenes to give a short presentation and to hold an autograph session during the three-day National Outreach Convention in San Diego for pastors and lay-church leaders.  The Thoenes were also invited to the screening of the Film, which was to be a main attraction of the Conference.  In preparation, the Thoenes wrote a sermon outline for Outreach relating to “Why a Manger?”  In September 2006, Outreach posted the sermon on its website, as part of its marketing campaign to promote the Film.
25.    Despite the positive feedback from Outreach, Outreach informed the Thoenes that New Line threatened to withdraw its support for, end its participation in the National Outreach Conference, and cancel the screening of the Film if the Thoenes attended.  The Thoenes were informed that the invitation to view the Film and to attend the Conference was withdrawn.  Thus, the Thoenes lost their opportunity to promote “Why a Manger?” at the conference.  The Thoenes were surprised and humiliated that they had been uninvited from the Conference and the screening of the Film.
26.    In October 2006, Tyndale published a book called “Why the Nativity?” authored by Dr. Jeremiah.  In the “Acknowledgements” section, Dr. Jeremiah stated that “the concept for this book, based on that simple one-word question, came from our friends at Tyndale House” and thanked Beers.  The book stated that it contained questions and answers based on the major motion picture “The Nativity Story” and the cover featured artwork from the Film.  “Why the Nativity?” appeared to utilize ideas that the Thoenes had presented to Beers in confidence for the proposed publication of the Thoenes’ series of “The Little Books of Why.”
27.    Upon information and belief, with the assistance of Beers and others at Tyndale, Angela Hunt wrote the Novelization, based on one or more versions of Rich’s screenplay.  On information and belief, New Line claims ownership over the copyright to the Novelization.  New Line credited Hunt as the author of the Novelization.  New Line Cinema Corporation registered the copyright to the Novelization with the United States Copyright Office; however, at least some versions of the Novelization assert that “New Line Productions, Inc.” owns the copyright to the Novelization.  The Novelization contains text and other expression copied from the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy.
28.    Upon information and belief, New Line advertised the Film through film trailers, advertisements and other promotional materials that featured scenes from the Film (collectively "Trailers").  The Trailers contain original creative elements from the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy.
29.    Hunt claimed to have based her book on a Rich screenplay; therefore the screenplay must also infringe upon the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy.  The Film contains original creative elements of the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy.  Tyndale has published and continues to publish, distribute, and sell the Novelization.
FIRST CLAIM FOR RELIEF
(COPYRIGHT INFRINGEMENT AGAINST NEW LINE AND TYNDALE)
30.    The Thoenes reference and incorporate paragraphs 1 through 29 above as if fully set forth herein.
31.    Upon information and belief, New Line and Tyndale have infringed and intend to continue to infringe the copyrights in the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy by publishing, displaying, distributing, selling, and/or offering for sale the screenplay, Trailers, the Film, and the Novelization which contains copies of parts of and infringes the Thoenes' copyrighted Zion Legacy series books and the Nativity Trilogy.
32.    Upon information and belief, New Line and Tyndale have contributorily infringed by knowingly inducing, causing and materially contributing to the infringement of the Thoenes’ copyrighted works by others.
33.    Upon information and belief, said conduct was and is willfully done with knowledge of the Thoenes’ copyrights.
34.    New Line and Tyndale did not have authority from the Thoenes to include any of the Thoenes’ copyrighted works in the screenplay, the Film, or the Novelization.
35.    Upon information and belief, persons in this judicial district and elsewhere have purchased copies of at least one of the Novelizations containing material that infringes the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy.
36.    Upon information and belief, persons in this judicial district and elsewhere have purchased copies of at least one of the Film or paid to view the Film containing material that infringes the Thoenes’ Zion Legacy series books and the A.D. Chronicles, including the Nativity Trilogy.
37.    Upon information and belief, one or more infringing screenplays were distributed to film reviewers to generate advance publicity for the Film.
38.    Upon information and belief, one or more infringing Trailers were displayed and distributed to advertise and promote the Film.
39.    New Line and Tyndale have never compensated the Thoenes for including any of the Thoenes’ copyrighted works or derivatives thereof in the screenplay, the Film, and the Novelization.
40.    New Line and Tyndale have profited from copying and using the Thoenes’ copyrighted works.
41.    As a result of the above conduct, the Thoenes have suffered damages.
SECOND CLAIM FOR RELIEF
(CONTRIBUTORY INFRINGEMENT AGAINST TYNDALE)
42.    The Thoenes reference and incorporate paragraphs 1 through 41 above as if fully set forth herein.
43.    Upon information and belief, Tyndale has contributorily infringed and continues to infringe the copyrights in the Thoenes’ Zion Legacy series books and A.D. Chronicles, including the Nativity Trilogy by knowingly inducing, causing and materially contributing to the infringement of the Thoenes’ copyrighted works by others.
44.    Upon information and belief, said conduct was and is willfully done with knowledge of the Thoenes’ copyrights.
45.    Upon information and belief, persons in this judicial district and elsewhere have purchased copies of at least one of the Novelizations containing material that infringes the Thoenes’ Zion Legacy series books and the Nativity Trilogy.
46.    Tyndale has never compensated the Thoenes for including any of the Thoenes’ copyrighted works or derivatives thereof in the screenplay, the Film, and the Novelization.
47.    Tyndale has profited from contributing to the copying and using the Thoenes’ copyrighted works.
48.    As a result of the above conduct, the Thoenes have suffered damages.
THIRD CLAIM FOR RELIEF
(INTERFERENCE WITH CONTRACT AND
PROSPECTIVE ECONOMIC ADVANTAGE AGAINST NEW LINE)
49.    The Thoenes reference and incorporate paragraphs 1 through 48 above as if fully set forth herein.
50.    Parable and Outreach and the Thoenes had agreements for marketing and publishing the book, “Why a Manger?”  The agreements included an agreement for the Thoenes’ benefit to be able to promote their book during several telephone conferences with pastors and to attend the Outreach Conference.  Parable, Outreach, and the Thoenes also agreed that the Thoenes would assist Parable and Outreach in the promotion of the Film.
51.    Upon information and belief, New Line knew about the agreement among the Thoenes, Parable and Outreach.
52.    Upon information and belief, New Line engaged in independent wrongful conduct to compel Outreach to breach its agreement with the Thoenes to provide opportunities to promote “Why a Manger?,” which wrongful conduct New Line has concealed, has not disclosed, and continues to conceal.  New Line interfered with the agreements among the Thoenes, Parable, and Outreach by requiring Outreach to exclude the Thoenes from the telephone conferences and by excluding the Thoenes from the Outreach Conference.
53.    As a result, the Thoenes were not able to promote their book “Why a Manger?” as contemplated by their agreements with Parable and Outreach.  In addition, the Thoenes’ relationship with Outreach was adversely affected and resulted in a loss of participation in future marketing promotions with Outreach.
54.    The Thoenes suffered damages and a loss of sales for “Why a Manger?” as a result of the loss of these promotional opportunities and New Line’s interference.
FOURTH CLAIM FOR RELIEF
(BREACH OF CONFIDENCE AGAINST TYNDALE)
55.    The Thoenes reference and incorporate paragraphs 1 through 54 above as if fully set forth herein.
56.    The Thoenes submitted their proposal for a series of books called the “Little Books of Why” in confidence to Beers and others at Tyndale. 
57.    Tyndale accepted the Thoenes’ proposal in confidence and understood that the idea could not be used or disclosed without the Thoenes’ consent.
58.    Nonetheless, Tyndale breached the Thoenes’ confidence and worked with another author to create and publish “Why a Nativity?” a competing “Why” book that appeared to utilize ideas that the Thoenes had presented to Beers and Tyndale in confidence.  Tyndale did not obtain the Thoenes’ consent to use the idea for a book of “Why.” 
59.    The Thoenes suffered damages as a result of Tyndale’s breach of confidence.
FIFTH CLAIM FOR RELIEF
(BREACH OF FIDUCIARY DUTY AGAINST TYNDALE)
60.    The Thoenes reference and incorporate paragraphs 1 through 59 above as if fully set forth herein. 
61.    Tyndale has a fiduciary duty to the Thoenes.  Tyndale has committed to marketing and promoting the Thoenes’ works in good faith.  The Thoenes entrusted Tyndale with non-public, proprietary information.  The Thoenes confided in Tyndale regarding their idea for the Little Books of Why.  The Thoenes also provided manuscripts of their Nativity Trilogy books to Tyndale for review prior to publication. 
62.    On information and belief, Tyndale breached its fiduciary duty to the Thoenes by taking their idea for the “Little Books of Why” and publishing “Why a Nativity?,” which competed with the Thoenes’ book and interfered with the Thoenes’ contractual relationship with Outreach and Parable.
63.    On information and belief, Tyndale also breached its fiduciary duty to the Thoenes by withholding from the Thoenes a comparison between the scripts for the Film and the Thoenes’ works.  Tyndale also breached its fiduciary duty by infringing and contributing to the infringement of the Thoenes’ copyrighted works.
64.    The Thoenes suffered damages as a result of Tyndale’s breach of its fiduciary duties.
SIXTH CLAIM FOR RELIEF
(SPOLIATION OF EVIDENCE AGAINST TYNDALE)
65.    The Thoenes reference and incorporate paragraphs 1 through 64 above as if fully set forth herein.
66.    The Thoenes notified Tyndale that the Thoenes were concerned by reports that screenplays and scripts for the Film, and the Novelization may have copied the Thoenes’ works.  The Thoenes informed Tyndale that it was required to preserve all evidence relating to New Line and the Thoenes. 
67.    Tyndale had a duty to the Thoenes to preserve evidence.
68.    On information and belief, Tyndale destroyed evidence.
69.    The Thoenes suffered damages as a result of Tyndale’s destruction of evidence.
PRAYER
WHEREFORE, the Thoenes prays for relief as follows:
    1.    For a declaratory judgment finding that New Line’s Film, “The Nativity Story,” infringes on the copyright of the Thoenes’ “Nativity Trilogy” or any part thereof.
    2.    For a declaratory judgment finding that the Novelization, “The Nativity Story,” infringes on the copyright of the Thoenes’ “Nativity Trilogy” or any part thereof.
    3.    For a declaratory judgment finding that one or more versions of screenplay, “The Nativity Story,” infringes on the copyright of the Thoenes’ “Nativity Trilogy” or any part thereof.
    4.    For an award of actual damages to the Thoenes and an award of the New Line’s and Tyndale’s additional profits to the Thoenes.
    5.    For an award of statutory damages under 17 U.S.C. § 504(c).
    6.    For an award of damages resulting from New Line’s interference with the Thoenes’ contracts and prospective economic advantage as to be determined in this case.
    7.    For an award of damages resulting from Tyndale’s breach of confidence, breach of fiduciary duty, and spoliation of evidence as to be determined in this case.
    8.    For a permanent injunction prohibiting further distribution of the Film and the Novelization.
    9.    For the Thoenes’ costs of suit herein, including reasonable attorneys’ fees; and
10.    For such other and further relief as the Court deems just.

Dated: November 29, 2007
    Bernard C. Barmann, Jr.
HIRSCHMANN & BARMANN LLP

Bernard C. Barmann, Jr.
Attorneys for Counterclaimants William “Brock” Thoene and Roberta “Bodie” Thoene
DEMAND FOR JURY TRIAL
    The Thoenes demand a jury trial as provided by Rule 38(a) of the Federal Rules of Civil Procedure.
Dated:  November 29, 2007
    Bernard C. Barmann, Jr.
HIRSCHMANN & BARMANN LLP

Bernard C. Barmann, Jr.
Attorneys for Counterclaimants William “Brock” Thoene and Roberta “Bodie” Thoene

Q: Spring, 2008

A:

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