(CN) - A federal judge in New Mexico has dismissed a lawsuit over production costs for the Bollywood hit "Kites," one of the most popular films from India's answer to Hollywood to appear in American theaters in recent years.
Nevada-based Happy Hours Productions and Raj Sha sued India's Filmkraft Productions in 2008, alleging they were never reimbursed for approximately $500,000 in expenses from working on the film in New Mexico.
But the suit has languished in federal court for several years, with the plaintiffs taking "no meaningful action" since having filed, U.S. District Judge John Conway noted.
"On October 28, 2009, plaintiffs purported to show cause for their lack of diligence in prosecuting this matter, indicating the parties' involvement in multiple other lawsuits relating to the film 'Kites' and noting that plaintiff Shah's parents, who reside in India, had been ill and in need of his attention," Conway wrote in a Jan. 12 order granting the defendant's motion to dismiss.
"Since that time, plaintiffs have taken no action in the case, other than to submit our response to the pending motion, in which plaintiffs represented they were 'in the process of hiring a New Mexico lawyer' and that they would 'pursue this case aggressively November onwards.' To date, no attorney has entered an appearance on plaintiffs' behalf, and plaintiffs have taken no further action in the case."
"Kites" opened in India and North America in May 2010. The film stars Hrithik Roshan, one of Bollywood's leading men, and Mexican actress Barbara Mori. It opened in 208 theaters in North America, making it one of the biggest Bollywood releases here to date.
The judge dismissed the lawsuit without prejudice.