Plaintiff Joe Simon-Whelan alleged that Defendants The Andy Warhol Foundation for the Visual Arts, Inc., The Estate of Andy Warhol, Vincent Fremont, Vincent Fremont Enterprises, and The Andy Warhol Art Authentication Board, Inc. engaged in a scheme of fraud, collusion, and manipulation to control the market for works of art by the late Andy Warhol.
- Warhol Foundation Accused of Dominating the Market. From the New York Times. July 17, 2007
Joe Simon-Whelan |
The Andy Warhol Foundation For The Visual Arts, Inc., The Estate of Andy Warhol, Vincent Fremont, Vincent Fremont Enterprises, The Andy Warhol Art Authentication Board, Inc., John Does, Jane Does and Richard Roes |
1:2007cv06423 |
July 13, 2007 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of U.S. |
Laura Taylor Swain |
Anti-Trust |
15 U.S.C. ยง 1 Antitrust Litigation |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 60 ORDER FOR SETTLEMENT CONFERENCE, Settlement Conference set for 2/10/2010 at 02:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 1/20/10) Copies sent by chambers.(cd) |
Filing 57 ORDER Judge Swain has referred this case to me for general pretrial supervision, but principally for settlement purposes. The parties are to promptly advise me of any discovery disputes or issues as they arise, and as further set forth in this document. (Signed by Magistrate Judge Andrew J. Peck on 10/26/09) Copies sent by chambers.(cd) |
Filing 34 OPINION and ORDER:#97551 granting in part and denying in part re: 21 MOTION to Dismiss the Amended Complaint, filed by The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont Enterprises, Vincent Fremont, The Andy Warhol Art Authentic ation Board, Inc. Plaintiff's antitrust claims are dismissed for lack of standing to the extent that they are premised on inflation of the prices of Warhol artwork. Plaintiff's Lanham Act claim is dismissed insofar as it is premised on the exclusion of Double Denied from the Catalogue Raisonne. Defendant's motion is denied in all other respects. The stay of discovery is lifted and the parties are directed to confer and to file an updated Joint Preliminary Pre-Trial Statement one w eek before the next conference in this action, which the Court will hold on Tuesday, 6/30/09, at 3:00 pm. The Clerk of Court is respectfully requested to terminate docket entry no. 21. (Signed by Judge Laura Taylor Swain on 5/26/09) (cd) Modified on 5/27/2009 (jab). |
Filing
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REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the Amended Complaint.. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises. (Sesser, Gary)
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Filing
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Joe Simon-Whelan(Individually and on behalf of himself and all others similarly situated).(Weiss, Lee)
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Filing
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ENDORSED LETTER addressed to Judge Laura T. Swain from Lee Weiss dated 1/10/08 re: counsel for plaintiff requests that the parties be permitted to file their pretrial statement on 1/14/08. ENDORSEMENT: So Ordered. (Signed by Judge Charles S. Haight, part 1 on 1/11/08) Copies mailed by chambers.(dle) Modified on 1/14/2008 (dle).
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Filing
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CERTIFICATE OF SERVICE of Plaintiff's Opposition to Defendants' Motion to Dismiss served on Defendants on January 10, 2008. Document filed by Joe Simon-Whelan(Individually and on behalf of himself and all others similarly situated). (Weiss, Lee)
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Filing 23 |
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AMENDED COMPLAINT amending 1 Complaint, against The Andy Warhol Art Authentication Board, Inc., John Does, Jane Does, Richard Roes, The Andy Warhol Foundation For The Visual Arts, Inc., The Estate of Andy Warhol, Vincent Fremont, Vincent Fremont Enterprises. Document filed by Joe Simon-Whelan, Joe Simon-Whelan. Related document: 1 Complaint, filed by Joe Simon-Whelan. (Attachments: # 1 # 2 # 3 # 4)(jco)
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Filing
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BRIEF AMENDED CLASS ACTION COMPLAINT. Document filed by Joe Simon-Whelan. (Attachments: # 1 Exhibit A-E)(Weiss, Lee)
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STIPULATION AND ORDER that Plaintiff shall file an amended complaint on or before 10/19/07; Dfts' pending Motion to Dismiss is withdrawn without prejudice; Dfts shall respond to the Amended Class Action Complaint by November 30, 2007; if Dfts file a motion to dismiss the Amended Class Action Compliant, the accompanying memorandum of law shall not exceed 45 pages; if Dfts file a motion to dismiss the Amended Class Action Complaint, Plaintiff shall file an opposition brief to Dfts' motion to dismiss, which shall not exceed 45 pages, by 1/10/08; if Dfts file a motion to dismiss the Amended Class Action Complaint, Dfts shall file their reply brief to Plaintiff's opposition, which shall not exceed 30 pages by 2/7/08. The pre-trial conference currently scheduled for 10/12/07, shall be adjourned until after 1/7/08, on a date that is convenient for the Court. The pretrial conference is adjourned to 1/18/08 at 10:00 a.m. (Signed by Judge Laura Taylor Swain on 9/24/07) (dle)
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Filing
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CERTIFICATE OF SERVICE of Memo Endorsement served on Gary D. Sesser on 9/11/07. Document filed by Joe Simon-Whelan. (Weiss, Lee)
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Filing
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises.(Sesser, Gary)
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Filing
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CERTIFICATE OF SERVICE of Memo Endorsed, dated September 11, 2007 served on Lee A. Weiss, Esq. and Seth A. Redniss, Esq. on September 12, 2007. Service was made by Mail and Electronic Mail. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises. (Sesser, Gary)
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ENDORSED LETTER addressed to Judge Laura T. Swain from Gary D. Sesser dated 9/10/07 re: a request for an extension of the page limit for the memorandum of law from 25 pages to 45 pages. ENDORSEMENT: Request granted. SO ORDERED (Signed by Judge Laura Taylor Swain on 9/11/2007) (kkc)
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Filing
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STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT: Defendants' time to answer or otherwise respond to the complaint for defendants The Andy Warhol Foundation for the Visual Arts Inc. and the Andy Warhol Art Authentication Board, Inc. and for Defendants Vincent Freemont, Individually and as Successor Executor for the Estate of Andy Warhol and Vincent Fremont Enterprises is extended up to and including September 14, 2007. So Ordered (Signed by Judge Laura Taylor Swain on 8/22/07) (js)
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Filing
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CERTIFICATE OF SERVICE of Initial Conference Order served on The Andy Warhol Foundation for the Visual Arts, Inc., Vincent Fremont, Individually and as Successor Executor for the Estate of Andy Warhol, Vincent Fremont Enterprises and The Andy Warhol Art Authentication Board, Inc. on 07/30/07. Service was made by Mail. Document filed by Joe Simon-Whelan. (Weiss, Lee)
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SUMMONS RETURNED EXECUTED. The Andy Warhol Art Authentication Board, Inc. served on 7/17/2007, answer due 8/6/2007. Service was accepted by Claudia Defendi, Chief Curator. Document filed by Joe Simon-Whelan. (Weiss, Lee)
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Filing
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INITIAL CONFERENCE ORDER; that a pretrial conference shall be held in this matter on 10/12/2007 at 04:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. That counsel for plaintiff(s) shall serve a copy of this Initial Conference Order on dfts and additional parties in the manner as set forth in this Order. That counsel for the parties confer preliminarily at least 21 days prior to the date set forth in paragraph 1 of this Order to discuss the matters set forth within. That counsel for the parties confer preliminarily at least 21 days prior to the date set forth in paragraph 1 of this Order to discuss the matters set forth within. Additional relief as set forth in this Order. In the event that any party fails to comply with this Order, the Court may impose sanctions or take other action as appropriate. This case has been designated an electronic case. Counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing promptly upon appearing in the case. (Signed by Judge Laura Taylor Swain on 7/20/07) (pl)
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Filing
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joe Simon-Whelan.(laq) Additional attachment(s) added on 8/17/2007 (Becerra, Maribel).
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