Al Hirschfeld Foundation v. Margo Feiden Galleries et al
| Al Hirschfeld Foundation |
| Margo Fieden Galleries LTD and Margo Feiden |
| Margo Fieden Galleries LTD |
| Al Hirschfeld Foundation |
| 1:2016cv04135 |
| June 3, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
358
ORDER: IT IS HEREBY ORDERED, DECLARED, AND DECREED THAT: 1. Upon the declaration of Siddartha Rao, Esq., dated April 15, 2020, submitted to the Court in camera, the Galleries' motion to confirm the validity of the Settlement Agreement is hereby granted; 2. Mr. Rao is directed to file his declaration under seal, with access only to the Court and the Galleries; 3. Mr. Rao's execution of the Settlement Agreement shall be binding, valid, and enforceable as to the Galleries; and 4. The Court shall maintain jurisdiction over this action for the purposes of enforcing this Order. (Signed by Judge Paul A. Engelmayer on 4/15/2020) (jwh)
|
|
Filing
354
ORDER: In light of the final judgment recently entered in this case, the Clerk of Court is respectfully directed to close this case. (Signed by Judge Paul A. Engelmayer on 3/17/2020) (jwh)
|
|
Filing
344
OPINION & ORDER re: 317 MOTION for Sanctions: For the reasons set out in the foregoing, the Court holds MFG and Margo Feiden in civil contempt for their violations of multiple clear and unambiguous court orders. To compensate AHF for work cause d by the violations of these orders, the Court orders these defendants to pay $23,000 in monetary sanctions. Defendants are to pay this sum to AHF by Friday, February 21, 2020. Counsel for MFG is to file a sworn declaration on the docket of this case by that date, attesting that this payment has been made. The Clerk of Court is respectfully directed to terminate the motion pending at docket 317. (Signed by Judge Paul A. Engelmayer on 2/7/2020) (jwh)
|
|
Filing
316
ORDER: Pursuant to a request from the parties, the Court adjusts the schedule it previously set for motions in limine, see Dkt. 310, as follows: Any motions in limine are due December 4, 2019; and Any opposition to motions in limine is due December 16, 2019. For avoidance of doubt, the November 27, 2019 deadline for the joint pre-trial order remains in effect. (Motions due by 12/4/2019., Responses due by 12/16/2019) (Signed by Judge Paul A. Engelmayer on 11/25/2019) (jwh)
|
|
Filing
315
ORDER: Attached to this order is the following Court Exhibit, received during the hearing into damages held on October 30, 2019: Exhibit A: The FedEx shipping confirmation for "Pauline Kael" and an email exchange between Margo Feiden and Thomas Durst regarding the sale of that work. (Signed by Judge Paul A. Engelmayer on 11/22/2019) (jwh)
|
|
Filing
299
OPINION AND ORDER: For the foregoing reasons, a jury trial on the Gallery's counterclaim will be limited to sales made by the Foundation within New York and New Jersey. To the extent the Gallery is relying on sales of Media Commissioned Works to support its counterclaim, it will be limited to sales by the Foundation of either (a) Media Commissioned Works created before the Agreement that were within the Consignment Number, or (b) Media Commissioned Works created after the Agreement. The Cou rt directs counsel to submit a detailed Joint Pretrial Order, consistent with this ruling and consistent with the Court's Individual Rules governing jury trials. The Joint Pretrial Order shall be due Friday, October 25, 2019. At the close of the hearing on damages scheduled for Wednesday, October 30, 2019, the Court will review the Joint Pretrial Order in detail with counsel, and set a trial date. (Pretrial Order due by 10/25/2019.) (Signed by Judge Paul A. Engelmayer on 10/10/2019) (jwh)
|
|
Filing
282
OPINION AND ORDER. For the foregoing reasons, the Court grants the Foundation's motion for summary judgment in part and denies it in part. The Court grants the Foundation's motion for summary judgment as to liability for 11 of the 12 consig ned works for which summary judgment is now sought, but denies it as to the work "Kelly McGillis." Regarding damages with respect to these 11 works, the Court grants the Foundation $11,100 in damages for four works as to which liabilit y is for breach of contract: "David Dukes in M. Butterfly," "Follow the Girls," "Born Yesterday," and "Don Bloomfield." The Court denies summary judgment as to damages with respect to the remaining seven works, as to which liability is for conversion. The Court grants in part the Foundation's motion for a declaratory judgment with respect to the post-termination rights that the Galleries have under the Agreement but denies the Foundation's motion for injunctive relief under the Lanham Act. The Court denies the Galleries' cross-motion for summary judgment in its entirety. The Clerk of Court is respectfully requested to terminate the motions pending at Dkts. 251 and 258. The Court is hope ful that the parties, with the additional guidance supplied by this decision, can now promptly resolve all outstanding issues. The Court directs the parties to meet and confer forthwith with an eye towards reaching mutually acceptable terms. In the e vent notice of a settlement has not been jointly filed by May 21, 2019, the Court directs the parties to submit a joint letter on that date setting out their respective views as to next steps to resolve open issues in the case, including as to the me chanism(s) by which the parties propose to resolve open damages issues. SO ORDERED. re: 258 CROSS MOTION for Summary Judgment and Opposition filed by Margo Fieden Galleries LTD, 251 MOTION for Summary Judgment filed by Al Hirschfeld Foundation. (Signed by Judge Paul A. Engelmayer on 5/8/2019) (rjm)
|
|
Filing
234
OPINION AND ORDER: For the reasons reviewed above, based on the evidence presented at the three-day hearing and in the parties' post-hearing submissions, the Court will award damages as follows with respect to the areas in which summary judgment has been entered in favor of the Foundation: For the 19 Missing Works: $288,600; For the Galleries' sale of the Time/Life giclees: $4,715.87; For the Galleries' sale of the Hirschfeld Spectacular Poster giclees: $6,120; For the Galleries' sale of the PBS Premiums giclees: $751.50; For the Galleries' sale of "ordinary" giclees: $29,594.30; and For the Galleries' sale of Posthumous Edition giclees: $1,200. In total, therefore, the C ourt will award damages to the Foundation in the amount: $330,981.67. The Court does not direct the Clerk of Court at this time to enter a formal judgment, because there are pending claims in the case, and because partial judgments are disfavored. An order as to next steps will follow shortly. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/25/2018) (ama)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
