In December 2007, "Family Guy" was again accused of copyright infringement when actor Art Metrano filed a lawsuit regarding a scene in "", in which Jesus performs Metrano's signature "magic" act involving absurd "faux" magical hand gestures while humming the distinctive tune "Fine and Dandy". 20th Century Fox, MacFarlane, Callaghan and Borstein were all named in the suit. In July 2009, a federal district court judge rejected Fox's motion to dismiss, saying that the first three fair use factors involved – "purpose and character of the use", "nature of the infringed work" and "amount and substantiality of the taking" – counted in Metrano's favor, while the fourth – "economic impact" – had to await more fact-finding. In denying the dismissal, the court held that the reference in the scene made light of Jesus and his followers – not Metrano or his act.