Simon-Whelan v. The Andy Warhol Foundation For The Visual Arts, Inc. et al Featured Case

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.

Plaintiff: Joe Simon-Whelan
Defendant: 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
Case Number: 1:2007cv06423
Filed: July 13, 2007
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Laura Taylor Swain
Nature of Suit: Anti-Trust
Cause of Action: 15:1 Antitrust Litigation
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 20, 2010 Opinion or Order 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)
October 26, 2009 Opinion or Order 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)
May 26, 2009 Opinion or Order 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).
February 7, 2008 Filing 29
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)
January 14, 2008 Filing 28
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)
January 11, 2008 Filing 27
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).
January 10, 2008 Filing 25
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)
November 30, 2007 Filing 23
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. (Attachments: # 1 Certificate of Service)(Sesser, Gary)
November 7, 2007 Filing 20
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)
October 19, 2007 Filing 19
BRIEF AMENDED CLASS ACTION COMPLAINT. Document filed by Joe Simon-Whelan. (Attachments: # 1 Exhibit A-E)(Weiss, Lee)
September 25, 2007 Opinion or Order Filing 18
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)
September 17, 2007 Filing 17
CERTIFICATE OF SERVICE of Memo Endorsement served on Gary D. Sesser on 9/11/07. Document filed by Joe Simon-Whelan. (Weiss, Lee)
September 14, 2007 Filing 16
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)
September 13, 2007 Filing 11
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)
September 12, 2007 Opinion or Order Filing 12
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)
August 24, 2007 Opinion or Order Filing 9
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)
July 31, 2007 Filing 8
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)
July 30, 2007 Filing 7
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)
July 23, 2007 Opinion or Order Filing 3
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)
July 13, 2007 Filing 2
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).

Access additional case information on PACER

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 this case: Simon-Whelan v. The Andy Warhol Foundation For The Visual Arts, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Joe Simon-Whelan
Represented By: Lee A. Weiss
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Andy Warhol Foundation For The Visual Arts, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Estate of Andy Warhol
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vincent Fremont
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Vincent Fremont Enterprises
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: The Andy Warhol Art Authentication Board, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Does
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jane Does
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Richard Roes
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?