Cariou v. Prince et al Featured Case
Plaintiff: Patrick Cariou
Defendant: Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian and Rizzoli International Publications, Inc.
Amicus Curiae: The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation, American Society of Media Photographers, Professional Photographers of America, National Press Photographers Association, Jeremy Sparig, Graphic Artists Guild, American Photographic Artists, American Society of Journalists and Authors and Picture Archive Association of America, The Digital Media Licensing Association
Case Number: 1:2008cv11327
Filed: December 30, 2008
Court: US District Court for the Southern District of New York
Office: Copyright Office
County: XX Out of U.S.
Presiding Judge: Deborah A Batts
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1338 cp Copyright Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on March 19, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2014 Filing 129 STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): This action is voluntarily dismissed with prejudice against all defendants, with each party to bear its own costs; and Richard Prince, Gagosian Gallery, Inc. and/or any original or secondary owner; possessor, beneficial owner, purchaser of any of the works made the subject of this action, or any images of the works and as further set forth herein. (Signed by Judge Deborah A. Batts on 3/19/2014) (ja)
March 19, 2014 Mailed notice to Register of Copyrights to report the termination of this action. (jno)
March 18, 2014 Filing 128 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Lawrence Gagosian, Gagosian Gallery, Inc., Richard Prince pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Patrick Cariou.(Boden, Eric)
March 18, 2014 Filing 127 LETTER addressed to Judge Deborah A. Batts from Eric A. Boden dated 3/18/2014 Document filed by Patrick Cariou. (Attachments: #1 Stipulation of Voluntary Dismissal with Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(ii))(Boden, Eric)
January 27, 2014 Filing 126 DECLARATION of Nancy Spector. Document filed by Lawrence Gagosian, Gagosian Gallery, Inc., Richard Prince. (Schiller, Joshua)
January 27, 2014 Filing 125 DECLARATION of Brian Wallis, Ph.D.. Document filed by Lawrence Gagosian, Gagosian Gallery, Inc., Richard Prince. (Schiller, Joshua)
January 27, 2014 Filing 124 REPLY MEMORANDUM OF LAW in Opposition re: #113 Memorandum of Law in Opposition, #117 Brief,. Document filed by Lawrence Gagosian, Gagosian Gallery, Inc., Richard Prince. (Schiller, Joshua)
January 17, 2014 First Supplemental ROA Returned. [2 vols.] Supplemental Indexed record on Appeal Files for #75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian USCA Case Number 11-1197, returned from the U.S. Court of Appeals. (nd)
December 16, 2013 Filing 123 CERTIFICATE OF SERVICE of BRIEF AMICI CURIAE OF THE AMERICAN PHOTOGRAPHIC ARTISTS, AMERICAN SOCIETY OF JOURNALISTS AND AUTHORS, AMERICAN SOCIETY OF MEDIA PHOTOGRAPHERS, GRAPHIC ARTISTS GUILD, JEREMY SPARIG, NATIONAL PRESS PHOTOGRAPHERS ASSOCIATION, PICTURE ARCHIVE COUNCIL OF AMERICA, AND PROFESSIONAL PHOTOGRAPHERS OF AMERICA IN SUPPORT OF PLAINTIFF PATRICK CARIOU served on ALL PARTIES on 12/16/2013. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig. (Leichtman, David)
December 16, 2013 Filing 122 DECLARATION of Minda Zetlin re: #117 Brief, Amici Curiae. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Leichtman, David)
December 16, 2013 Filing 121 DECLARATION of Jeremy Sparig re: #117 Brief, Amici Curiae. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2, #4 Exhibit 2 Part 3, #5 Exhibit 2 Part 4, #6 Exhibit 2 Part 5, #7 Exhibit 3 Part 1, #8 Exhibit 3 Part 2, #9 Exhibit 3 Part 3, #10 Exhibit 3 Part 4, #11 Exhibit 3 Part 5, #12 Exhibit 3 Part 6, #13 Errata 3 Part 7, #14 Exhibit 3 Part 8, #15 Exhibit 3 Part 9, #16 Exhibit 4, #17 Exhibit 5, #18 Exhibit 6, #19 Exhibit 7, #20 Exhibit 8, #21 Exhibit 9)(Leichtman, David)
December 16, 2013 Filing 120 DECLARATION of Lisa Shaftel re: #117 Brief, Amici Curiae. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig. (Attachments: #1 Exhibit 1)(Leichtman, David)
December 16, 2013 Filing 119 DECLARATION of Mickey Osterreicher re: #117 Brief, Amici Curiae. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Leichtman, David)
December 16, 2013 Filing 118 DECLARATION of Megan Murphy re: #117 Brief, Amici Curiae. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig. (Leichtman, David)
December 16, 2013 Filing 117 CONSENT BRIEF AMICI CURIAE. Document filed by American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig.(Leichtman, David)
December 16, 2013 Filing 116 Amicus Curiae APPEARANCE entered by Shane Douglas St. Hill on behalf of American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig.(St. Hill, Shane)
December 16, 2013 Filing 115 Amicus Curiae APPEARANCE entered by Hillel Ira Parness on behalf of American Photographic Artists, American Society of Journalists and Authors, American Society of Media Photographers, Graphic Artists Guild, National Press Photographers Association, Picture Archive Association of America, The Digital Media Licensing Association, Professional Photographers of America, Jeremy Sparig.(Parness, Hillel)
December 16, 2013 Filing 114 Amicus Curiae APPEARANCE entered by David Leichtman on behalf of American Society of Media Photographers, Professional Photographers of America, National Press Photographers Association, Jeremy Sparig, Graphic Artists Guild, American Photographic Artists, American Society of Journalists and Authors, Picture Archive Association of America, The Digital Media Licensing Association.(Leichtman, David)
December 13, 2013 Filing 113 MEMORANDUM OF LAW in Opposition re: #98 Memorandum of Law in Support of Motion MEMORANDUM OF LAW IN REPONSE TO BRIEF AMICI CURIAE. Document filed by Patrick Cariou. (Brooks, Daniel)
December 13, 2013 Filing 112 REPLY MEMORANDUM OF LAW re: #95 Memorandum of Law, #85 Memorandum of Law PLAINTIFF'S MEMORANDUM OF LAW REPLYING TO THE "SUPPLEMENTAL" MEMORANDUM OF LAW OF DEFENDANTS GAGOSIAN GALLERY, INC. AND LAWRENCE GAGOSIAN ON THE APPLICATION OF THE SECOND CIRCUIT'S STANDARD TO THE FIVE ARTWORKS THAT ARE THE SUBJECT OF THE REMAND TO THIS COURT. Document filed by Patrick Cariou. (Brooks, Daniel)
December 13, 2013 Filing 111 DECLARATION of Daniel J. Brooks re: #89 Memorandum of Law in Opposition, #85 Memorandum of Law REPLY DECLARATION OF DANIEL J. BROOKS APPLYING THE SECOND CIRCUIT'S STANDARD TO THE REMANDED PAINTINGS. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Brooks, Daniel)
December 13, 2013 Filing 110 REPLY MEMORANDUM OF LAW re: #89 Memorandum of Law in Opposition, #85 Memorandum of Law REPLY MEMORANDUM OF LAW APPLYING THE SECOND CIRCUIT'S FAIR USE STANDARD TO THE ANALYSIS OF THE FIVE ARTWORKS THAT HAVE BEEN REMANDED TO THE DISTRICT COURT. Document filed by Patrick Cariou. (Brooks, Daniel)
November 12, 2013 Opinion or Order Filing 109 ORDER: The Court is in receipt of Plaintiffs letter dated November 7, 2013 and Defendant Richard Princes letter dated November 7, 2013. On November 1, 2013, this Court granted Plaintiffs request to have forty-five days from the date of this Order to file a response, if any, to the Amici Curiae Brief. Within forty-five days of service of Plaintiffs response to the Amici Curiae Brief, Defendants may reply to Plaintiffs response. Additionally, the deadline for Plaintiffs Reply to the Second Circuit's standard is extended to December 13, 2013. (Signed by Judge Deborah A. Batts on 11/12/2013) (ft)
November 1, 2013 Opinion or Order Filing 108 ORDER: The Court has already GRANTED The Andy Warhol Foundation for the Visual Arts, Inc. and The Robert Rauschenberg Foundation's Motion for Leave to File an Amici Curiae Brief. Plaintiff's Motion for Reconsideration of its Order Granting Leave to File an Amici Curiae is DENIED. Plaintiff's have forty-five days from the date of this Order to file a response, if any, to the Amici Curiae Brief. (Signed by Judge Deborah A. Batts on 11/1/2013) (lmb)
October 31, 2013 Filing 107 MEMORANDUM OF LAW in Opposition re: #97 MOTION to File Amicus Brief.. Document filed by Patrick Cariou. (Brooks, Daniel)
October 31, 2013 Filing 106 DECLARATION of Daniel J. Brooks in Opposition re: #97 MOTION to File Amicus Brief.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Brooks, Daniel)
October 30, 2013 Opinion or Order Filing 105 MEMO ENDORSEMENT granting #97 Motion to File Amicus Brief. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 10/30/2013) (tn)
October 30, 2013 Opinion or Order Filing 104 ORDER FOR ADMISSION PRO HAC VICE: granting #99 Motion for Zachary J. Alinder to Appear Pro Hac Vice. The motion of Zachary J. Alinder for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Judge Deborah A. Batts on 10/30/2013) (ama)
October 30, 2013 Opinion or Order Filing 103 ORDER FOR ADMISSION PRO HAC VICE: granting #101 Motion for Kevin M. Papay to Appear Pro Hac Vice. The motion of Kevin M. Papay, for admission to practice Pro Hac Vice in the above captioned action is granted.(Signed by Judge Deborah A. Batts on 10/30/2013) (ama)
October 23, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #99 MOTION for Zachary J. Alinder to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9000523. Motion and supporting papers to be reviewed by Clerk's Office staff., #101 MOTION for Kevin M. Papay to Appear Pro Hac Vice Revised - includes Order. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 22, 2013 Filing 101 MOTION for Kevin M. Papay to Appear Pro Hac Vice Revised - includes Order. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation. (Attachments: #1 Order for Admission Pro Hac Vice)(Papay, Kevin)
October 22, 2013 Filing 100 MOTION for Kevin M. Papay to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9000561. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation.(Papay, Kevin)
October 22, 2013 Filing 99 MOTION for Zachary J. Alinder to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9000523. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation. (Attachments: #1 Text of Proposed Order Order for Admission Pro Hac Vice)(Alinder, Zachary)
October 22, 2013 Filing 98 MEMORANDUM OF LAW in Support re: #97 MOTION to File Amicus Brief.. Document filed by The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation. (Attachments: #1 Exhibit A)(Ahrens, Julie)
October 22, 2013 Filing 97 MOTION to File Amicus Brief. Document filed by The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation.(Ahrens, Julie)
October 22, 2013 Filing 96 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Andy Warhol Foundation for the Visual Arts, Inc., The Robert Rauschenberg Foundation.(Ahrens, Julie)
October 21, 2013 Opinion or Order Filing 102 STIPULATION EXTENDING BRIEFING SCHEDULE: By Order, dated June 18, 2013 [#84], this Court ordered that Plaintiff submit papers applying the Second Circuit's standard to the five artworks remaining on remand by August 2, 2013, that Defendants respond within 45 days of being served, and that Plaintiff reply within 14 days of Defendants' response. The time for Plaintiff to reply to Defendants' response is hereby extended to and including November 13, 2013. (Signed by Judge Deborah A. Batts on 10/21/2013) (ft)
October 16, 2013 Filing 95 SUPPLEMENTAL MEMORANDUM OF LAW re: #85 Memorandum of Law in Response to Arguments Specific to Them in Plaintiff's Memorandum of Law. Document filed by Lawrence Gagosian, Gagosian Gallery, Inc.. (Bart, Hollis)
October 16, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Hollis Anne Bart to RE-FILE Document #94 Opposition Brief. Use the event type Memorandum of Law(non-motion) found under the event list Other Answers. (ka)
October 15, 2013 Filing 94 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL OPPOSITION BRIEF re: #85 Memorandum of Law Applying the Second Circuit's Fair Use Standard. Document filed by Lawrence Gagosian, Gagosian Gallery, Inc..(Bart, Hollis) Modified on 10/16/2013 (ka).
October 15, 2013 Filing 93 DECLARATION of Richard Prince. Document filed by Richard Prince. (Schiller, Joshua)
October 15, 2013 Filing 92 DECLARATION of Brian Wallis, Ph.D.. Document filed by Richard Prince. (Schiller, Joshua)
October 15, 2013 Filing 91 DECLARATION of Nancy Spector. Document filed by Richard Prince. (Schiller, Joshua)
October 15, 2013 Filing 90 DECLARATION of Joshua I. Schiller re: #89 Memorandum of Law in Opposition. Document filed by Richard Prince. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schiller, Joshua)
October 15, 2013 Filing 89 MEMORANDUM OF LAW in Opposition re: #85 Memorandum of Law Applying the Second Circuit's Fair Use Standard. Document filed by Richard Prince. (Schiller, Joshua)
August 23, 2013 Filing 88 STIPULATION EXTENDING BRIEFING SCHEDULE: The time for Defendants to respond to Plaintiff's Memorandum of Law is extended to and including October 15, 20l3. (Signed by Judge Deborah A. Batts on 8/23/2013) (ft)
August 14, 2013 Filing 87 NOTICE OF APPEARANCE by Frederick Jay-Min Lee on behalf of Richard Prince. (Lee, Frederick)
August 1, 2013 Filing 86 DECLARATION of Daniel J. Brooks Concerning the Second Circuit's Remand of Five Artworks for Fair Use Analysis. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Brooks, Daniel)
August 1, 2013 Filing 85 MEMORANDUM OF LAW APPLYING THE SECOND CIRCUIT'S FAIR USE STANDARD TO THE ANALYSIS OF THE FIVE ARTWORKS THAT HAVE BEEN REMANDED TO THE DISTRICT COURT. Document filed by Patrick Cariou. (Brooks, Daniel)
June 18, 2013 Opinion or Order Filing 84 ORDER: Pursuant to the Order of the Second Circuit dated April 25, 2013, Plaintiff shall submit papers on the Second Circuit's standard and the five works still at issue no later than August 2, 2013. Defendants shall respond within 45 days of being served with Plaintiffs papers. Plaintiffs reply, if any, shall be filed and served within 14 days of Defendants response. (Signed by Judge Deborah A. Batts on 6/18/2013) (ft)
June 17, 2013 Filing 83 MANDATE of USCA (Certified Copy) as to #75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian USCA Case Number 11-1197. Ordered, Adjudged and Decreed that the judgment of the District Court is REVERSED in part, VACATED in part, and the case is REMANDED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/17/2013. (nd)
May 27, 2011 First Supplemental ROA Sent to USCA (File). Supplemental Indexed record on Appeal Files for #75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian USCA Case Number 11-1197, were transmitted to the U.S. Court of Appeals. (tp)
May 27, 2011 First Supplemental ROA Sent to USCA (File). Supplemental Indexed record on Appeal Files for 75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian USCA Case Number 11-1197, were transmitted to the U.S. Court of Appeals. (tp)
May 26, 2011 Filing 82 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for #75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian USCA Case Number 11-1197, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
May 4, 2011 Opinion or Order Filing 81 ORDER: The conference previously set for 5/6/2011 is adjourned sine die. (Signed by Judge Deborah A. Batts on 5/4/2011) (jar)
April 25, 2011 Filing 80 NOTICE OF CHANGE OF ADDRESS by Eric Alwin Boden on behalf of Patrick Cariou. New Address: Schnader Harrison Segal & Lewis LLP, 140 Broadway, Suite 3100, New York, New York, 10005, 212-973-8000. (Boden, Eric)
April 20, 2011 Opinion or Order Filing 79 ORDER: Defendants' request for a stay of these proceedings is Denied, and Parties shall appear before this Court for May 6, 2011 status conference as previously scheduled. So Ordered (Signed by Judge Deborah A. Batts on 4/20/2011) (js)
April 20, 2011 CASHIERS OFFICE REMARK on 78 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/14/2011, Receipt Number 4146. (jd)
April 20, 2011 CASHIERS OFFICE REMARK on #78 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/14/2011, Receipt Number 4146. (jd)
April 14, 2011 Filing 78 MOTION for Eric J. Maurer to Appear Pro Hac Vice. Document filed by Richard Prince.(mbe)
April 13, 2011 Opinion or Order Filing 77 STIPULATION OF COUNSEL: Pursuant to Judge Batts' Order dated April 6, 2011, the parties agree that the names and addresses in the March 28, 2011 letters sent by Defendants to the owners of the paintings shall be treated as confidential pursuant to the Protective Order dated August 10, 2009. (Signed by Judge Deborah A. Batts on 4/13/2011) (jpo)
April 6, 2011 Opinion or Order Filing 76 ORDER defendants shall provide Plaintiff with unredacted copies of the notices sent to the owners no later than 4/18/11. Should Defendants believe that information contained in those notices requires confidential treatment, they shall submit a stipulated confidentiality agreement, singed by all Parties, no later than 4/12/11. (Signed by Judge Deborah A. Batts on 4/6/11) (cd)
March 28, 2011 Transmission of Notice of Appeal to the District Judge re: 75 Joint Notice of Appeal. (nd).
March 28, 2011 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 4 Affidavit of Service Complaints filed by Patrick Cariou, 14 Answer to Amended Complaint filed by Gagosian Gallery, Inc., Lawrence Gagosian, 1 Complaint filed by Patrick Cariou, 33 Endorsed Letter, Set Deadlines/Hearings,,,, 68 Rule 56.1 Statement filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 72 Notice of Appearance filed by Richard Prince, 48 Affidavit in Support of Motion,,, filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 25 Protective Order, 74 Notice of Appearance filed by Richard Prince, 54 Declaration in Support of Motion,,,, filed by Patrick Cariou, 16 Rule 7.1 Corporate Disclosure Statement filed by Gagosian Gallery, Inc., Lawrence Gagosian, 20 Answer to Crossclaim filed by Gagosian Gallery, Inc., Lawrence Gagosian, 7 Stipulation and Order, Set Deadlines/Hearings,, 6 Amended Complaint filed by Patrick Cariou, 57 Memorandum of Law in Opposition to Motion filed by Patrick Cariou, 45 MOTION for Summary Judgment. filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 31 Endorsed Letter,, 58 Counter Statement to Rule 56.1 filed by Patrick Cariou, 2 Affidavit of Service Complaints filed by Patrick Cariou, 56 Declaration in Opposition to Motion filed by Patrick Cariou, 23 Rule 26 Disclosure filed by Richard Prince, 61 Affidavit in Opposition to Motion, filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 26 Stipulation and Order of Dismissal, 21 Answer to Crossclaim, filed by Richard Prince, 27 Endorsed Letter, 24 Scheduling Order,,,, 37 Memorandum of Law in Support of Motion filed by Patrick Cariou, 15 Notice of Appearance filed by Gagosian Gallery, Inc., Lawrence Gagosian, 60 Counter Statement to Rule 56.1 filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 12 Answer to Amended Complaint filed by Richard Prince, 36 Declaration in Support of Motion filed by Patrick Cariou, 62 Affidavit in Opposition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 13 Notice of Appearance filed by Gagosian Gallery, Inc., Lawrence Gagosian, 28 Order,, 67 Reply Affidavit in Opposition to Motion, filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 18 Notice of Appearance filed by Rizzoli International Publications, Inc., 10 Notice of Appearance filed by Richard Prince, 34 MOTION for Summary Judgment. filed by Patrick Cariou, 30 Endorsed Letter, Set Deadlines/Hearings,, 49 Affidavit in Support of Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 3 Affidavit of Service Complaints filed by Patrick Cariou, 50 Memorandum of Law in Support of Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 5 Affidavit of Service Complaints filed by Patrick Cariou, 19 Answer to Amended Complaint, Crossclaim filed by Rizzoli International Publications, Inc., 29 Stipulation and Order of Dismissal,,, 22 Rule 26 Disclosure filed by Patrick Cariou, 63 Reply Memorandum of Law in Support of Motion filed by Patrick Cariou, 73 Notice of Appearance filed by Richard Prince, 32 Endorsed Letter, Set Deadlines/Hearings,, 64 Response filed by Patrick Cariou, 52 Rule 56.1 Statement filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 11 Rule 7.1 Corporate Disclosure Statement filed by Richard Prince, 17 Rule 7.1 Corporate Disclosure Statement filed by Rizzoli International Publications, Inc., 8 Stipulation and Order, Set Deadlines/Hearings,, 69 Endorsed Letter,, 9 Stipulation and Order, Set Deadlines/Hearings,, 59 Memorandum of Law in Opposition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 66 Reply Memorandum of Law in Oppisition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 35 Rule 56.1 Statement filed by Patrick Cariou, 71 Order, Set Deadlines/Hearings,,,, were transmitted to the U.S. Court of Appeals. (nd)
March 28, 2011 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 75 Joint Notice of Appeal. (nd)
March 28, 2011 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #4 Affidavit of Service Complaints filed by Patrick Cariou, #14 Answer to Amended Complaint filed by Gagosian Gallery, Inc., Lawrence Gagosian, #1 Complaint filed by Patrick Cariou, #33 Endorsed Letter, Set Deadlines/Hearings,,,, #68 Rule 56.1 Statement filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #72 Notice of Appearance filed by Richard Prince, #48 Affidavit in Support of Motion,,, filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #25 Protective Order, #74 Notice of Appearance filed by Richard Prince, #54 Declaration in Support of Motion,,,, filed by Patrick Cariou, #16 Rule 7.1 Corporate Disclosure Statement filed by Gagosian Gallery, Inc., Lawrence Gagosian, #20 Answer to Crossclaim filed by Gagosian Gallery, Inc., Lawrence Gagosian, #7 Stipulation and Order, Set Deadlines/Hearings,, #6 Amended Complaint filed by Patrick Cariou, #57 Memorandum of Law in Opposition to Motion filed by Patrick Cariou, #45 MOTION for Summary Judgment. filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #31 Endorsed Letter,, #58 Counter Statement to Rule 56.1 filed by Patrick Cariou, #2 Affidavit of Service Complaints filed by Patrick Cariou, #56 Declaration in Opposition to Motion filed by Patrick Cariou, #23 Rule 26 Disclosure filed by Richard Prince, #61 Affidavit in Opposition to Motion, filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #26 Stipulation and Order of Dismissal, #21 Answer to Crossclaim, filed by Richard Prince, #27 Endorsed Letter, #24 Scheduling Order,,,, #37 Memorandum of Law in Support of Motion filed by Patrick Cariou, #15 Notice of Appearance filed by Gagosian Gallery, Inc., Lawrence Gagosian, #60 Counter Statement to Rule 56.1 filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #12 Answer to Amended Complaint filed by Richard Prince, #36 Declaration in Support of Motion filed by Patrick Cariou, #62 Affidavit in Opposition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #13 Notice of Appearance filed by Gagosian Gallery, Inc., Lawrence Gagosian, #28 Order,, #67 Reply Affidavit in Opposition to Motion, filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #75 Notice of Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #18 Notice of Appearance filed by Rizzoli International Publications, Inc., #10 Notice of Appearance filed by Richard Prince, #34 MOTION for Summary Judgment. filed by Patrick Cariou, #30 Endorsed Letter, Set Deadlines/Hearings,, #49 Affidavit in Support of Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #3 Affidavit of Service Complaints filed by Patrick Cariou, #50 Memorandum of Law in Support of Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #5 Affidavit of Service Complaints filed by Patrick Cariou, #19 Answer to Amended Complaint, Crossclaim filed by Rizzoli International Publications, Inc., #29 Stipulation and Order of Dismissal,,, #22 Rule 26 Disclosure filed by Patrick Cariou, #63 Reply Memorandum of Law in Support of Motion filed by Patrick Cariou, #73 Notice of Appearance filed by Richard Prince, #32 Endorsed Letter, Set Deadlines/Hearings,, #64 Response filed by Patrick Cariou, #52 Rule 56.1 Statement filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #11 Rule 7.1 Corporate Disclosure Statement filed by Richard Prince, #17 Rule 7.1 Corporate Disclosure Statement filed by Rizzoli International Publications, Inc., #8 Stipulation and Order, Set Deadlines/Hearings,, #69 Endorsed Letter,, #9 Stipulation and Order, Set Deadlines/Hearings,, #59 Memorandum of Law in Opposition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #66 Reply Memorandum of Law in Oppisition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, #35 Rule 56.1 Statement filed by Patrick Cariou, #71 Order, Set Deadlines/Hearings,,,, were transmitted to the U.S. Court of Appeals. (nd)
March 28, 2011 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #75 Joint Notice of Appeal. (nd)
March 28, 2011 Transmission of Notice of Appeal to the District Judge re: #75 Joint Notice of Appeal. (nd).
March 25, 2011 Filing 75 JOINT NOTICE OF APPEAL from #71 Memorandum & Order. Document filed by Lawrence Gagosian, Gagosian Gallery, Inc., Richard Prince. Filing fee $ 455.00, receipt number E 933143. (nd) Modified on 3/28/2011 (nd).
March 24, 2011 Filing 74 NOTICE OF APPEARANCE by George F. Carpinello on behalf of Richard Prince (Carpinello, George)
March 24, 2011 Filing 73 NOTICE OF APPEARANCE by Joshua Schiller on behalf of Richard Prince (Schiller, Joshua)
March 24, 2011 Filing 72 NOTICE OF APPEARANCE by Jonathan David Schiller on behalf of Richard Prince (Schiller, Jonathan)
March 18, 2011 Opinion or Order Filing 71 MEMORANDUM AND ORDER: Defendants shall notify in writing any current or future owners of the Paintings of whom they are or become aware that the Paintings infringe the copyright in the Photographs, that the Paintings were not lawfully made under the Copyright Act of 1976, and that the Paintings cannot lawfully be displayed under 17 U.S.C. 109(c). That the Parties shall appear before this Court on May 6, 2011 at 11:00 am for a status conference regarding damages, profits, and Plaintiff's costs and reasonable attorney's fees. (Signed by Judge Deborah A. Batts on 3/18/2011) (jpo)
July 7, 2010 Filing 70 MOTION for Summary Judgment pursuant to Rule 56 of the FRCP. Document filed by Patrick Cariou. ***Rule 56.1 statement, Brooks Declaration, Doeringer Declaration and Exhibits attached hereto. (Accepted for filing in hard copy by the Honorable Deborah A. Batts on 7/1/10, document #69)(mro)
July 1, 2010 Filing 69 ENDORSED LETTER addressed to Judge Deborah A. Batts from Daniel J. Brooks dated 7/1/10 re: counsel requests that the Court direct the Clerk's Office to accept in hard copy and enter on the docket sheet plaintiff's notice of motion, Local Rule 56.1 Statement and supporting declarations and exhibits, including my May 7, 2010 declaration, which has attached to it a number of exhibits in color which we were unable to file through ECF. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 7/1/10) (djc)
June 24, 2010 Filing 68 RULE 56.1 STATEMENT. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
June 24, 2010 Filing 67 REPLY AFFIDAVIT of Hollis Gonerka Bart in Opposition re: #45 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1 of 3, #4 Exhibit C - Part 2 of 3, #5 Exhibit C - Part 3 of 3)(Bart, Hollis)
June 24, 2010 Filing 66 REPLY MEMORANDUM OF LAW in Opposition re: #34 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
June 24, 2010 Filing 65 REPLY AFFIRMATION of Daniel J. Brooks in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D part 1, #5 Exhibit D part 2)(Brooks, Daniel)
June 24, 2010 Filing 64 RESPONSE to Defendants' Counter-Statement of Uncontested Material Facts Pursuant to Local Rule 56.1. Document filed by Patrick Cariou. (Brooks, Daniel)
June 24, 2010 Filing 63 REPLY MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Brooks, Daniel)
June 14, 2010 Filing 62 AFFIDAVIT of Richard Prince in Opposition re: #34 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Attachments: #1 Exhibit A)(Bart, Hollis)
June 14, 2010 Filing 61 AFFIDAVIT of Hollis Gonerka Bart in Opposition re: #34 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Bart, Hollis)
June 14, 2010 Filing 60 COUNTER STATEMENT TO #35 Rule 56.1 Statement. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
June 14, 2010 Filing 59 MEMORANDUM OF LAW in Opposition re: #34 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
June 14, 2010 Filing 58 COUNTER STATEMENT TO #52 Rule 56.1 Statement. Document filed by Patrick Cariou. (Brooks, Daniel)
June 14, 2010 Filing 57 MEMORANDUM OF LAW in Opposition re: #45 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Brooks, Daniel)
June 14, 2010 Filing 56 DECLARATION of Daniel J. Brooks in Opposition re: #45 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brooks, Daniel)
May 25, 2010 Filing 55 EXHIBITS(attached to Declaration of Daniel J. Brooks): "Yes Rasta" authored by Patrick Cariou and "Canal Zone" authored by Richard Prince. Document filed by Patrick Cariou. ***Accepted for filing by the Honorable Deborah A. Batts on 4/23/10, document number 31.(mro)
May 18, 2010 Filing 54 DECLARATION of Daniel J. Brooks in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E part 1, #6 Exhibit E part 2, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit L-1 and L-2, #15 Exhibit M to M-4, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V and V-1, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II, #38 Exhibit JJ, #39 Exhibit KK, #40 Exhibit LL, #41 Exhibit MM, #42 Exhibit NN, #43 Exhibit OO, #44 Exhibit PP, #45 Exhibit QQ, #46 Exhibit RR, #47 Exhibit SS)(Brooks, Daniel)
May 18, 2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Brooks to RE-FILE Document 47 Declaration in Support of Motion, 43 Declaration in Support of Motion, 40 Declaration in Support of Motion, 46 Declaration in Support of Motion, 44 Declaration in Support of Motion, 51 Declaration in Support of Motion,, 41 Declaration in Support of Motion, 42 Declaration in Support of Motion, 38 Declaration in Support of Motion, 39 Declaration in Support of Motion. ERROR(S): Multiple entries of the same document in order to accommodate exhibits are not accepted. (jar)
May 18, 2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel Brooks to RE-FILE Document #47 Declaration in Support of Motion, #43 Declaration in Support of Motion, #40 Declaration in Support of Motion, #46 Declaration in Support of Motion, #44 Declaration in Support of Motion, #51 Declaration in Support of Motion,, #41 Declaration in Support of Motion, #42 Declaration in Support of Motion, #38 Declaration in Support of Motion, #39 Declaration in Support of Motion. ERROR(S): Multiple entries of the same document in order to accommodate exhibits are not accepted. (jar)
May 17, 2010 Filing 53 COMPOSITE EXHIBIT A TO AFFIDAVIT OF DEFENDANT RICHARD PRINCE IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (relevant photocopies of Yes Rasta book, and other copies of images which will be attached hereto). Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. ***Accepted for filing by the Honorable Deborah A Batts on 5/7/10 (document #33)(mro)
May 14, 2010 Filing 52 RULE 56.1 STATEMENT. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
May 14, 2010 Filing 51 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 10) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit Y part 13, #2 Exhibit Y part 14, #3 Exhibit Y part 15, #4 Exhibit Y part 16, #5 Exhibit Z, #6 Exhibit AA, #7 Exhibit BB, #8 Exhibit CC, #9 Exhibit DD, #10 Exhibit EE, #11 Exhibit FF, #12 Exhibit GG, #13 Exhibit HH, #14 Exhibit II, #15 Exhibit JJ, #16 Exhibit KK, #17 Exhibit LL, #18 Exhibit MM, #19 Exhibit NN, #20 Exhibit OO, #21 Exhibit PP, #22 Exhibit QQ, #23 Exhibit RR, #24 Exhibit SS)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 50 MEMORANDUM OF LAW in Support re: #45 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
May 14, 2010 Filing 49 AFFIDAVIT of Richard Prince in Support re: #45 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Attachments: #1 Exhibit A)(Bart, Hollis)
May 14, 2010 Filing 48 AFFIDAVIT of Hollis Gonerka Bart in Support re: #45 MOTION for Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G - Part 1 of 2, #8 Exhibit G - Part 2 of 2, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U - Part 1 of 2, #23 Exhibit U - Part 2 of 2, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE)(Bart, Hollis)
May 14, 2010 Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 9) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit Y part 6, #2 Exhibit Y part 7, #3 Exhibit Y part 8, #4 Exhibit Y part 9, #5 Exhibit Y part 10, #6 Exhibit Y part 11, #7 Exhibit Y part 12)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 8) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit U part 16, #2 Exhibit V, #3 Exhibit V-1, #4 Exhibit W, #5 Exhibit X, #6 Exhibit Y part 1, #7 Exhibit U part 2, #8 Exhibit U part 3, #9 Exhibit Y part 4, #10 Exhibit Y part 5)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 45 MOTION for Summary Judgment. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. Responses due by 6/14/2010(Bart, Hollis)
May 14, 2010 Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 7) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit U part 8, #2 Exhibit U part 9, #3 Exhibit U part 10, #4 Exhibit U part 11, #5 Exhibit U part 12, #6 Exhibit U part 13, #7 Exhibit U part 14, #8 Exhibit U part 15)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 43 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 6) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit U part 1, #2 Exhibit U part 2, #3 Exhibit U part 3, #4 Exhibit U part 4, #5 Exhibit U part 5, #6 Exhibit U part 6, #7 Exhibit U part 7)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 5) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit N part 19, #2 Exhibit N part 20, #3 Exhibit O, #4 Exhibit P, #5 Exhibit Q, #6 Exhibit R, #7 Exhibit S, #8 Exhibit T part 1, #9 Exhibit T part 2, #10 Exhibit T part 3, #11 Exhibit T part 4)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 4) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit N part 12, #2 Exhibit N part 13, #3 Exhibit N part 14, #4 Exhibit N part 15, #5 Exhibit N part 16, #6 Exhibit N part 17, #7 Exhibit N part 18)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 40 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 3) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit N part 5, #2 Exhibit N part 6, #3 Exhibit N part 7, #4 Exhibit N part 8, #5 Exhibit N part 9, #6 Exhibit N part 10, #7 Exhibit N part 11)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks (part 2) in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit M, #2 Exhibit M-1 part 1, #3 Exhibit M-1 part 2, #4 Exhibit M-2, #5 Exhibit M-3, #6 Exhibit M-4, #7 Exhibit N part 1, #8 Exhibit N part 2, #9 Exhibit N part 3, #10 Exhibit N part 4)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Daniel J. Brooks in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E part 1, #6 Exhibit E part 2, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit L-1, #15 Exhibit L-2)(Brooks, Daniel) Modified on 5/18/2010 (jar).
May 14, 2010 Filing 37 MEMORANDUM OF LAW in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Brooks, Daniel)
May 14, 2010 Filing 36 DECLARATION of Eric Doeringer in Support re: #34 MOTION for Summary Judgment.. Document filed by Patrick Cariou. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brooks, Daniel)
May 14, 2010 Filing 35 RULE 56.1 STATEMENT. Document filed by Patrick Cariou. (Brooks, Daniel)
May 14, 2010 Filing 34 MOTION for Summary Judgment. Document filed by Patrick Cariou.(Brooks, Daniel)
May 7, 2010 Filing 33 ENDORSED LETTER addressed to Judge Deborah A. Batts from Hollis Gonerka Bart dated 5/3/2010 re: Requesting permission to submit a joint memorandum of law in support of defendants' motion for summary judgment; Requesting leave of the Court to file in hard copy relevant musical recordings photocopies of Yes Rasta book, and other copies of images which will be attached as exhibits to affidavits in support of defendants' moving brief and which are too large to submit electronically via ECF; and Requesting that the Court treat all of the names of Gagosian Gallery's clients as confidential. ENDORSEMENT: Denied, Granted and Denied respectively. (Signed by Judge Deborah A. Batts on 5/7/2010) (jpo) Modified on 5/17/2010 (jpo).
May 5, 2010 Filing 32 ENDORSED LETTER addressed to Judge Deborah A. Batts from Steven M. Hayes dated 5/5/10 re: counsel requests an adjournment of the date for filing the motions for summary judgment from May 7 until May 14, 2010. ENDORSEMENT: Granted. (Motions due by 5/5/2010.) (Signed by Judge Deborah A. Batts on 5/5/10) (djc)
April 23, 2010 Filing 31 ENDORSED LETTER addressed to Judge Deborah A. Batts from Daniel J. Brooks dated 4/21/10 re: counsel for plaintiff requests leave of the Court to file in hard copy two books which will be attached as exhibits to the attorney declaration in support of plaintiffs summary judgment motion to be filed with the Court by May 7, 2010. We further request leave to dispense with service on defendants of copies of the books, as, during discovery, it came to our attention that defendants were in possession of both of these books and, therefore, will not be prejudiced by not receiving service of the books. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 4/23/10) (pl)
April 6, 2010 Opinion or Order Filing 30 ENDORSED LETTER: addressed to Judge Deborah A. Batts from Hollis Generka Bart dated 3/26/2010 re: Counsel for defendant request that the Court amend its Order dated March 19, 2010 by adjourning the deadline for the parties to file their respective motions for summary judgment from Monday, May 2, 2010 to Friday, May 7, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Deborah A. Batts on 4/6/2010) (js)
March 19, 2010 Opinion or Order Filing 29 STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY ORDERED, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, upon the Stipulation and Agreement between the undersigned attorneys of record for the Defendant Richard Prince and the undersigned attorneys of record for Defendant Rizzoli International Publications, Inc., that, pursuant to Rule 41 (a)(2)and (c) of the Federal Rules of Civil Procedure, all cross-claims by Rizzoli International Publications, Inc., against Richard Prince are dismissed 'With prejudice, and without costs to any party as against the other. (Signed by Judge Deborah A. Batts on 3/19/2010) (js)
March 19, 2010 Opinion or Order Filing 28 ORDER: The Court is in receipt of and has reviewed Plaintiff's letters dated February 8 and February 19, 2010 and Defendants' letter dated February 17, 2010. Both Parties request permission to file for summary judgment. The Court hereby grants Parties' requests to cross move for summary judgment. Plaintiff and Defendants shall file and serve their moving papers, respectively, within 45 days of the date of this Order. Each Party shall respond within 30 days of being served with the opposing side's moving papers. Parties may reply within 10 days of being served with a response, at which time the motions will be fully-submitted. (Signed by Judge Deborah A. Batts on 3/19/2010) (tro) Modified on 3/30/2010 (tro).
February 5, 2010 Filing 27 ENDORSED LETTER addressed to Judge Deborah A. Batts from Steven M. Hayes dated 1/27/10 re: counsel for defendants request an extension of the discovery time period. ENDORSEMENT: Denied. (Signed by Judge Deborah A. Batts on 2/5/10) (dle)
February 5, 2010 Opinion or Order Filing 26 STIPULATION AND ORDER OF DISMISSAL: All claims by plaintiff Patrick Cariou against Rizzoli International Publications, Inc. are dismissed with prejudice and without costs to any party as against the other. (Signed by Judge Deborah A. Batts on 2/5/10) (dle)
August 10, 2009 Opinion or Order Filing 25 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Deborah A. Batts on 8/10/2009) (jfe)
June 19, 2009 Opinion or Order Filing 24 SCHEDULING ORDER: Except for good cause explicitly set forth by letter and shown, all discovery, including expert discovery, shall be commenced in time to be completed by 2/1/10. The court expects discovery to be completed within 60 days of the first scheduling conference unless, after the expiration of that 60 day period, all counsel stipulate that an additional period of time (not to exceed 60 more days) is needed to complete discovery, and the Court approves such extension. A party contemplating making a dispositive motion must notify opposing counsel by 3/1/10. Proposed Requests to Charge and Proposed Voir Dire shall be submitted by 3/26/10. Joint Pre-trial Statement ("JPTS"): A JPTS shall be submitted by 3/26/10. The JPTS shall conform to the Court's Individual Practices and Supplemental Trial Procedure Rules. Memoranda of Law addressing those issues raised in the JPTS shall be submitted by 3/26/10. Responses to the Memoranda shall be submitted by 4/9/10. There shall be no replies. Dual track mediation and discovery. Private mediation split 4 ways. (Signed by Judge Deborah A. Batts on 6/19/2009) (rw)
April 30, 2009 Filing 23 RULE 26 DISCLOSURE.Document filed by Richard Prince.(Hayes, Steven)
April 30, 2009 Filing 22 RULE 26 DISCLOSURE.Document filed by Patrick Cariou.(Brooks, Daniel)
March 24, 2009 Filing 21 ANSWER to Crossclaim., CROSSCLAIM against Rizzoli International Publications, Inc.. Document filed by Richard Prince.(Hayes, Steven)
March 23, 2009 Filing 20 ANSWER to Crossclaim. Document filed by Gagosian Gallery, Inc., Lawrence Gagosian.(Bart, Hollis)
March 17, 2009 Filing 19 ANSWER to Amended Complaint., CROSSCLAIM against Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. Document filed by Rizzoli International Publications, Inc.. Related document: #6 Amended Complaint filed by Patrick Cariou.(Epstein, Jesse)
March 17, 2009 Filing 18 NOTICE OF APPEARANCE by Jesse Alan Epstein on behalf of Rizzoli International Publications, Inc. (Epstein, Jesse)
March 17, 2009 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying RCS MediaGroup S.p.A as Corporate Parent. Document filed by Rizzoli International Publications, Inc..(Epstein, Jesse)
March 6, 2009 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Gagosian Gallery, Inc., Lawrence Gagosian.(Hammerman, Dara)
March 4, 2009 Filing 15 NOTICE OF APPEARANCE by Dara Gilwit Hammerman on behalf of Gagosian Gallery, Inc., Lawrence Gagosian (Hammerman, Dara)
March 3, 2009 Filing 14 ANSWER to Amended Complaint. Document filed by Gagosian Gallery, Inc., Lawrence Gagosian. Related document: #6 Amended Complaint filed by Patrick Cariou.(Bart, Hollis)
March 3, 2009 Filing 13 NOTICE OF APPEARANCE by Hollis Anne Bart on behalf of Gagosian Gallery, Inc., Lawrence Gagosian (Bart, Hollis)
March 3, 2009 Filing 12 ANSWER to Amended Complaint with JURY DEMAND. Document filed by Richard Prince. Related document: #6 Amended Complaint filed by Patrick Cariou.(Hayes, Steven)
March 3, 2009 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Richard Prince.(Hayes, Steven)
March 3, 2009 Filing 10 NOTICE OF APPEARANCE by Steven Michael Hayes on behalf of Richard Prince (Hayes, Steven)
February 17, 2009 Opinion or Order Filing 9 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for defendants Richard Prince, Gagosian Gallery, Inc., and Lawrence Gagosian, to answer, move or otherwise respond to the amended complaint is extended to March 3, 2009. (Signed by Judge Deborah A. Batts on 2/17/2009) (jpo)
February 17, 2009 Opinion or Order Filing 8 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for defendant Rizzoli International Publications, Inc. to answer, move or otherwise respond to the amended complaint is extended to March 3, 2009. (Signed by Judge Deborah A. Batts on 2/17/2009) (jpo)
January 29, 2009 Opinion or Order Filing 7 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for defendants' to answer, move, or otherwise respond to the amended complaint is extended to and including 2/17/2009. (Signed by Judge Deborah A. Batts on 1/29/2009) (jpo)
January 14, 2009 Filing 6 AMENDED COMPLAINT amending #1 Complaint against Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian, Rizzoli International Publications, Inc.. Document filed by Patrick Cariou. Related document: #1 Complaint filed by Patrick Cariou.(dle)
January 14, 2009 Filing 5 AFFIDAVIT OF SERVICE. Document filed by Patrick Cariou. (Brooks, Daniel)
January 14, 2009 Filing 4 AFFIDAVIT OF SERVICE. Document filed by Patrick Cariou. (Brooks, Daniel)
January 14, 2009 Filing 3 AFFIDAVIT OF SERVICE. Service was accepted by Chad Matice (Authorized Agent for Secretary of State of the State of New York). Document filed by Patrick Cariou. (Brooks, Daniel)
January 14, 2009 Filing 2 AFFIDAVIT OF SERVICE. Service was accepted by Chad Matice (Authorized Agent for Secretary of State of the State of New York). Document filed by Patrick Cariou. (Brooks, Daniel)
December 30, 2008 Filing 1 COMPLAINT against Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian, Rizzoli International Publications, Inc. (Filing Fee $ 350.00, Receipt Number 673608)Document filed by Patrick Cariou.(ama)
December 30, 2008 Filing 1 COMPLAINT against Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian, Rizzoli International Publications, Inc. (Filing Fee $ 350.00, Receipt Number 673608)Document filed by Patrick Cariou.(ama)
December 30, 2008 SUMMONS ISSUED as to Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian, Rizzoli International Publications, Inc. (ama)
December 30, 2008 Case Designated ECF. (ama)
December 30, 2008 Mailed notice to Register of Copyrights to report the filing of this action. (ama)
December 30, 2008 Magistrate Judge Douglas F. Eaton is so designated. (ama)

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Search for this case: Cariou v. Prince et al
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Plaintiff: Patrick Cariou
Represented By: Daniel J. Brooks
Represented By: Eric Alwin Boden
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Defendant: Richard Prince
Represented By: Steven Michael Hayes
Represented By: Eric J. Maurer
Represented By: Frederick Jay-Min Lee
Represented By: George F. Carpinello
Represented By: Jonathan David Schiller
Represented By: Joshua Schiller
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Defendant: Gagosian Gallery, Inc.
Represented By: Hollis Anne Bart
Represented By: Dara Gilwit Hammerman
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Defendant: Lawrence Gagosian
Represented By: Hollis Anne Bart
Represented By: Dara Gilwit Hammerman
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Defendant: Rizzoli International Publications, Inc.
Represented By: Jesse Alan Epstein
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Amicus curiae: The Andy Warhol Foundation for the Visual Arts, Inc.
Represented By: Julie Angela Ahrens
Represented By: Kevin M Papay
Represented By: Zachary J. Alinder
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Amicus curiae: The Robert Rauschenberg Foundation
Represented By: Julie Angela Ahrens
Represented By: Kevin M Papay
Represented By: Zachary J. Alinder
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Amicus curiae: American Society of Media Photographers
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: Professional Photographers of America
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: National Press Photographers Association
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: Jeremy Sparig
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: Graphic Artists Guild
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: American Photographic Artists
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: American Society of Journalists and Authors
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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Amicus curiae: Picture Archive Association of America, The Digital Media Licensing Association
Represented By: David Leichtman
Represented By: Hillel Ira Parness
Represented By: Shane Douglas St. Hill
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