Fairey et al v. The Associated Press
Claim that iconic Obama poster infringes on AP photo copyright http://cyberlaw.stanford.edu/node/6061
| Shepard Fairey and Obey Giant Art, Inc |
| The Associated Press |
| 1:2009cv01123 |
| February 9, 2009 |
| US District Court for the Southern District of New York |
| Copyright Office |
| XX Out of State |
| Alvin K. Hellerstein |
| Plaintiff |
| Federal Question |
| 17:101 Copyright Infringement |
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Docket Report
This docket was last retrieved on June 17, 2011. A more recent docket listing may be available from PACER.
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| Filing 244 TRANSCRIPT of proceedings held on 2/15/2011 before Judge Alvin K. Hellerstein. (ab) |
Filing 243
SUMMARY ORDER: Counsel for Counterclaim-Plaintiff The Associated Press and Counterclaim-Defendant One 3 Two, Inc., have informed the Court that they have reached a settlement. A suggestion of settlement having been made, the case is dismissed. The parties may apply to the Court to reopen this case within 30 days if final settlement terms are not agreed upon. The Clerk shall terminate all pending motions, and close the case. (Signed by Judge Alvin K. Hellerstein on 3/16/2011) (jpo)
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| Filing 242 JOINT PRETRIAL STATEMENT /Proposed Joint Pretrial Order. Document filed by One 3 Two, Inc., The Associated Press. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Cendali, Dale) |
| Filing 241 SEALED DOCUMENT placed in vault.(mps) |
| Filing 240 MEMORANDUM OF LAW in Opposition re: 234 MOTION in Limine No. 5 to Preclude Obey Clothing from Presenting Shepard Fairey's Expert Witnesses at Trial.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 239 MEMORANDUM OF LAW in Opposition re: 232 MOTION in Limine No. 4 to Exclude Certain Testimony of Neil Zoltowski.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A to Opposition to Motion in Limine No. 4, # 2 Exhibit B to Opposition to Motion in Limine No. 4)(Crowther, Robyn) |
| Filing 238 MEMORANDUM OF LAW in Opposition re: 230 MOTION in Limine No. 3 to Exclude Evidence of Fairey"s use of Rubylith and for an Adverse Inference.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A to Opposition to Motion in Limine No. 3)(Crowther, Robyn) |
| Filing 237 MEMORANDUM OF LAW in Opposition re: 228 MOTION in Limine No. 2 to Exclude Evidence of Fair Use, Purpose, and Intent Under FRE 402, 403, and the "Law of the Case" Doctrine.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A in support of Opposition to Motion in Limine No. 2)(Crowther, Robyn) |
| Filing 236 MEMORANDUM OF LAW in Opposition re: 226 MOTION in Limine No. 1 to Exclude Obey Clothing Expert Gabrielle Goldaper Under Rule 702.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Supplement Goldaper Deposition to Opposition to Motion in Limine No. 1)(Crowther, Robyn) |
| Filing 235 MEMORANDUM OF LAW in Support re: 234 MOTION in Limine No. 5 to Preclude Obey Clothing from Presenting Shepard Fairey's Expert Witnesses at Trial.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2, # 4 Exhibit C, # 5 Exhibit D)(Cendali, Dale) |
| Filing 234 MOTION in Limine No. 5 to Preclude Obey Clothing from Presenting Shepard Fairey's Expert Witnesses at Trial. Document filed by The Associated Press. Return Date set for 3/16/2011 at 10:00 AM.(Cendali, Dale) |
| Filing 233 MEMORANDUM OF LAW in Support re: 232 MOTION in Limine No. 4 to Exclude Certain Testimony of Neil Zoltowski.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cendali, Dale) |
| Filing 232 MOTION in Limine No. 4 to Exclude Certain Testimony of Neil Zoltowski. Document filed by The Associated Press. Return Date set for 3/16/2011 at 10:00 AM.(Cendali, Dale) |
| Filing 231 MEMORANDUM OF LAW in Support re: 230 MOTION in Limine No. 3 to Exclude Evidence of Fairey"s use of Rubylith and for an Adverse Inference.. Document filed by Shepard Fairey, The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Cendali, Dale) |
| Filing 230 MOTION in Limine No. 3 to Exclude Evidence of Fairey"s use of Rubylith and for an Adverse Inference. Document filed by The Associated Press. Return Date set for 3/16/2011 at 10:00 AM.(Cendali, Dale) |
| Filing 229 MEMORANDUM OF LAW in Support re: 228 MOTION in Limine No. 2 to Exclude Evidence of Fair Use, Purpose, and Intent Under FRE 402, 403, and the "Law of the Case" Doctrine.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 228 MOTION in Limine No. 2 to Exclude Evidence of Fair Use, Purpose, and Intent Under FRE 402, 403, and the "Law of the Case" Doctrine. Document filed by The Associated Press. Return Date set for 3/16/2011 at 10:00 AM.(Cendali, Dale) |
| Filing 227 MEMORANDUM OF LAW in Support re: 226 MOTION in Limine No. 1 to Exclude Obey Clothing Expert Gabrielle Goldaper Under Rule 702.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cendali, Dale) |
| Filing 226 MOTION in Limine No. 1 to Exclude Obey Clothing Expert Gabrielle Goldaper Under Rule 702. Document filed by The Associated Press. Return Date set for 3/16/2011 at 10:00 AM.(Cendali, Dale) |
| Filing 225 MEMORANDUM OF LAW in Opposition re: 217 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 7 TO EXCLUDE UNRELATED COPYRIGHT CLAIMS AND SETTLEMENT EVIDENCE.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cendali, Dale) |
| Filing 224 MEMORANDUM OF LAW in Opposition re: 215 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE OF CEAST AND DESIST COMMUNICATIONS.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 223 MEMORANDUM OF LAW in Opposition re: 213 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF SUBSEQUENT REMEDIAL MEASURES.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 222 MEMORANDUM OF LAW in Opposition re: 210 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 4 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERT WILLIAM M. LANDES.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 221 MEMORANDUM OF LAW in Opposition re: 208 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 3 TO PRECLUDE PLAINTIFFS FROM RELYING ON ALTERED IMAGES AT TRIAL.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 220 MEMORANDUM OF LAW in Opposition re: 204 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 2 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERTS KATHLEEN KEDROWSKI AND BLAKE PEMBROKE SELL REGARDING THE AP'S HYPOTHETICAL LOST LICENSING FEE.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 219 MEMORANDUM OF LAW in Opposition re: 201 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 1 TO EXCLUDE ALL EVIDENCE AND TESTIMONY CONCERNING INDIRECT PROFITS.. Document filed by The Associated Press. (Attachments: # 1 Appendix A)(Cendali, Dale) |
| Filing 218 MEMORANDUM OF LAW in Support re: 217 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 7 TO EXCLUDE UNRELATED COPYRIGHT CLAIMS AND SETTLEMENT EVIDENCE.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 217 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 7 TO EXCLUDE UNRELATED COPYRIGHT CLAIMS AND SETTLEMENT EVIDENCE. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 216 REPLY MEMORANDUM OF LAW in Support re: 215 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE OF CEAST AND DESIST COMMUNICATIONS.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 215 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE OF CEAST AND DESIST COMMUNICATIONS. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 214 MEMORANDUM OF LAW in Support re: 213 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF SUBSEQUENT REMEDIAL MEASURES.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 213 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 5 TO EXCLUDE EVIDENCE OF SUBSEQUENT REMEDIAL MEASURES. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 212 DECLARATION of Robyn Crowther in Support re: 210 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 4 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERT WILLIAM M. LANDES.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A to Crowther Declaration PART I, # 2 Exhibit A to Crowther Declaration PART II, # 3 Exhibit A to Crowther Declaration PART III, # 4 Exhibit A to Crowther Declaration PART IV, # 5 Exhibit A to Crowther Declaration Part V, # 6 Exhibit A to Crowther Declaration Part VI, # 7 Errata A to Crowther Declaration Part VII, # 8 Exhibit A to Crowther Declaration Part VIII, # 9 Exhibit A to Crowther Declaration Part IX, # 10 Exhibit B to Crowther Declaration)(Crowther, Robyn) |
| Filing 211 MEMORANDUM OF LAW in Support re: 210 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 4 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERT WILLIAM M. LANDES.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 210 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 4 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERT WILLIAM M. LANDES. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 209 MEMORANDUM OF LAW in Support re: 208 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 3 TO PRECLUDE PLAINTIFFS FROM RELYING ON ALTERED IMAGES AT TRIAL.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 208 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 3 TO PRECLUDE PLAINTIFFS FROM RELYING ON ALTERED IMAGES AT TRIAL. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 207 DECLARATION of Robyn Crowther in Support re: 204 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 2 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERTS KATHLEEN KEDROWSKI AND BLAKE PEMBROKE SELL REGARDING THE AP'S HYPOTHETICAL LOST LICENSING FEE.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A to Crowther Declaration, # 2 Exhibit B to Crowther Declaration, # 3 Exhibit C to Crowther Declaration, # 4 Exhibit D to Crowther Declaration Part I, # 5 Exhibit D to Crowther Declaration Part II, # 6 Exhibit D to Crowther Declaration Part III, # 7 Exhibit D to Crowther Declaration Part IV)(Crowther, Robyn) |
| Filing 206 SEALED DOCUMENT placed in vault.(mps) |
| Filing 205 MEMORANDUM OF LAW in Support re: 204 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 2 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERTS KATHLEEN KEDROWSKI AND BLAKE PEMBROKE SELL REGARDING THE AP'S HYPOTHETICAL LOST LICENSING FEE.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 204 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 2 TO EXCLUDE THE OPINION OF THE ASSOCIATED PRESS'S DESIGNATED EXPERTS KATHLEEN KEDROWSKI AND BLAKE PEMBROKE SELL REGARDING THE AP'S HYPOTHETICAL LOST LICENSING FEE. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 203 DECLARATION of ROBYN C. CROWTHER in Support re: 201 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 1 TO EXCLUDE ALL EVIDENCE AND TESTIMONY CONCERNING INDIRECT PROFITS.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A to Crowther Declaration, # 2 Exhibit B to Crowther Declaration)(Crowther, Robyn) |
| Filing 202 MEMORANDUM OF LAW in Support re: 201 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 1 TO EXCLUDE ALL EVIDENCE AND TESTIMONY CONCERNING INDIRECT PROFITS.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 201 MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 1 TO EXCLUDE ALL EVIDENCE AND TESTIMONY CONCERNING INDIRECT PROFITS. Document filed by One 3 Two, Inc..(Crowther, Robyn) |
| Filing 200 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Laurie C. Martindale and Brendan T. Kehoe, dated 2/24/2011, re: In accordance with the Court's February 17, 2011 Order, One 3 Two, Inc. d/b/a Obey Clothing ("One 3 Two") and the Associated Press ("the AP") write jointly to request that certain materials be withdrawn from the summary judgment record and that certain materials remain under seal. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/28/2011) (lnl) |
| Set Deadlines/Hearings: Motions due by 3/11/2011. Final Pretrial Conference set for 3/16/2011 at 10:00 AM before Judge Alvin K. Hellerstein. (db) |
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Filing 199
SUMMARY ORDER: The AP's motion is denied in part and granted in part. Genuine issues of material fact exist on the issues (i) whether Shepard Fairey's rendering of Barack Obama is "substantially similar" to the AP's photograph; and (ii) whether One 3 Two is liable for a violation of the DMCA. I hold, however, that should the AP establish copyright infringement, One 3 Two does not have a basis to rebut the finding on the ground of fair use. I therefore grant the motion insofar as it seeks to pare the fair-use defense away from the case, but otherwise deny it. One 3 Two's motion is denied. As stated, genuine issues of material fact exist on the issue whether Shepard Fairey created an image that infringes the AP's copyright, as well as on the issue whether One 3 Two, as Fairey's licensee via Obey Giant Art, LLC, is liable for infringement. Genuine issues ofmaterial fact also exist on the issues whether One 3 Two is liable for offending the DMCA, and whether One 3 Two is liable for indirect profits. The parties shall appear for the previously scheduled final pretrial conference beginning 10:00arn on March 16, 2011. By March 11, 2011, at 4:00pm EST, the parties shall submit any pretrial motions. Failure to submit a motion at that time shall constitute waiver. The parties' requested jury voir dire questions and charges are due at the beginning of the final pretrial conference.On a related note, the parties have sought to file certain submissions under seal, or alternatively to remove them from the record. Within one week ofthis Order, the parties shall submit a joint letter describing (i) which materials they wish to withdraw from the record and (ii) which things they would like to remain and be sealed. As to point (ii), the parties shall set forth justifications why any materials need to be sealed. The pending motion to strike is denied as moot. The Clerk shall terminate the motions (Doc. Nos. 147,148, and 190). ORDER denying 147 Motion for Summary Judgment; granting in part and denying in part 148 Motion for Summary Judgment; finding as moot 190 Motion to Strike. (Signed by Judge Alvin K. Hellerstein on 2/17/11) (db)
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Filing 198
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Laurie C. Martindale Counsel for One 3 Two, Inc. and Brendan T. Kehoe Counsel for the Associated Press dated 2/11/2011 re: The parties write jointly to respectfully request that they be permitted to renew their joint request after Your Honor rules on the pending cross-motions for summary judgment. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/14/2011) (jmi) Modified on 2/18/2011 (jmi).
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Filing 197
MEMORANDUM ENDORSEMENT re: 185 NOTICE OF MOTION OF JOINT MOTION TO REDACT CERTAIN CONFIDENTIAL PORTIONS OF SUMMARY JUDGMENT PAPERS FOR PURPOSES OF THE PUBLIC FILE. ORDER denying 185 Motion to Seal. ENDORSEMENT: Motion to seal is denied without prejudice to seal specific, relevant documents (relevant to motion). (Signed by Judge Alvin K. Hellerstein on 2/8/11) (db)
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| Filing 196 REPLY MEMORANDUM OF LAW in Support re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment. COUNTERCLAIM DEFENDANT ONE 3 TWO, INC.'S REPLY TO COUNTERCLAIMANT THE ASSOCIATED PRESS'S OPPOSITION TO ONE 3 TWO, INC.'S MOTION FOR SUMMARY JUDGMENT. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A)(Crowther, Robyn) |
| Filing 195 DECLARATION of Claudia Ray, Esq in Support re: 148 MOTION for Summary Judgment.. Document filed by The Associated Press. (Attachments: # 1 Exhibit 127, # 2 Exhibit 128, # 3 Exhibit 129, # 4 Exhibit 130, # 5 Exhibit 131, # 6 Exhibit 132, # 7 Exhibit 133, # 8 Exhibit 134, # 9 Exhibit 135, # 10 Exhibit 136, # 11 Exhibit 137, # 12 Exhibit 138, # 13 Exhibit 139, # 14 Exhibit 140)(Cendali, Dale) |
| Filing 194 REPLY MEMORANDUM OF LAW in Support re: 148 MOTION for Summary Judgment. Public Copy. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 193 SEALED DOCUMENT placed in vault.(cb) |
| Filing 192 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Cendali dated 2/3/2011 re: As Your Honor may be aware, Magistrate Judge Eaton was originally assigned to this case, but has since retired and no new Magistrate Judge was assigned. I am thus writing to request that the Court refer this matter for the assignment of a new Magistrate Judge in the event that it would be helpful to request mediation or otherwise, though the parties are not requesting mediation at this time. ENDORSEMENT: An assignment at this time is not necessary. (Signed by Judge Alvin K. Hellerstein on 2/8/2011) (jmi) |
| Filing 191 SEALED DOCUMENT placed in vault.(nm) |
| Filing 190 MOTION to Strike Document No. 158 COUNTERCLAIM DEFENDANT ONE 3 TWO, INC.'S OBJECTIONS AND MOTION TO STRIKE EVIDENCE SUBMITTED BY THE ASSOCIATED PRESS. Document filed by One 3 Two, Inc.. Responses due by 2/7/2011 (Attachments: # 1 Affidavit of Service)(Crowther, Robyn) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Crowther, Robyn to RE-FILE Document 183 Objection (non-motion), Objection (non-motion). Use the event type MOTION found under the event list MOTIONS. (gp) |
| Filing 189 SEALED DOCUMENT placed in vault.(nm) |
| Filing 188 DECLARATION of Brendan T. Kehoe in Support re: 185 JOINT MOTION to Seal NOTICE OF MOTION OF JOINT MOTION TO REDACT CERTAIN CONFIDENTIAL PORTIONS OF SUMMARY JUDGMENT PAPERS FOR PURPOSES OF THE PUBLIC FILE.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 187 DECLARATION of Jeanne A. Fugate in Support re: 185 JOINT MOTION to Seal NOTICE OF MOTION OF JOINT MOTION TO REDACT CERTAIN CONFIDENTIAL PORTIONS OF SUMMARY JUDGMENT PAPERS FOR PURPOSES OF THE PUBLIC FILE.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 186 MEMORANDUM OF LAW in Support re: 185 JOINT MOTION to Seal NOTICE OF MOTION OF JOINT MOTION TO REDACT CERTAIN CONFIDENTIAL PORTIONS OF SUMMARY JUDGMENT PAPERS FOR PURPOSES OF THE PUBLIC FILE.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 185 JOINT MOTION to Seal NOTICE OF MOTION OF JOINT MOTION TO REDACT CERTAIN CONFIDENTIAL PORTIONS OF SUMMARY JUDGMENT PAPERS FOR PURPOSES OF THE PUBLIC FILE. Document filed by One 3 Two, Inc.. (Attachments: # 1 Affidavit Affidavit of Service)(Crowther, Robyn) |
| Filing 184 SEALED DOCUMENT placed in vault.(nm) |
| Filing 183 FILING ERROR - WRONG EVENT SELECTED FROM THE MENU - Objection re: 148 MOTION for Summary Judgment. COUNTERCLAIM DEFENDANT ONE 3 TWO, INC.'S OBJECTIONS AND MOTION TO STRIKE EVIDENCE SUBMITTED BY THE ASSOCIATED PRESS. Document filed by One 3 Two, Inc.. (Crowther, Robyn) Modified on 2/2/2011 (gp). |
| Filing 182 DECLARATION of Robyn C. Crowther in Opposition re: 148 MOTION for Summary Judgment.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit REDACTED Exhibit A-B, # 2 Exhibit Exhibit C, # 3 Exhibit REDACTED Exhibit D-P, # 4 Exhibit Exhibit Q, # 5 Exhibit REDACTED Exhibit R-Z, # 6 Exhibit REDACTED Exhibit AA-JJ, # 7 Exhibit Exhibit KK, # 8 Exhibit Exhibit LL, # 9 Exhibit Exhibit MM, # 10 Exhibit REDACTED Exhibit NN-SS, # 11 Exhibit Exhibit TT, # 12 Exhibit Exhibit UU, # 13 Exhibit REDACTED Exhibit VV, # 14 Exhibit Exhibit WW, # 15 Exhibit Exhibit XX, # 16 Exhibit REDACTED Exhibit YY)(Crowther, Robyn) |
| Filing 181 COUNTER STATEMENT TO 153 Rule 56.1 Statement. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 180 THIRD PARTY MEMORANDUM OF LAW in Opposition re: 148 MOTION for Summary Judgment. Couterclaim Defendant One 3 Two, Inc.'s REDACTED Opposition to Counterclaimant The Associated Press's Motion for Summary Judgment. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 179 DECLARATION of Brendan T. Kehoe, Esq. in Opposition re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment.. Document filed by The Associated Press. (Attachments: # 1 Exhibit 74, # 2 Exhibit 75, # 3 Exhibit 76, # 4 Exhibit 77, # 5 Exhibit 78, # 6 Exhibit 79, # 7 Exhibit 80, # 8 Exhibit 81, # 9 Exhibit 82, # 10 Exhibit 83, # 11 Exhibit 84, # 12 Exhibit 85, # 13 Exhibit 86, # 14 Exhibit 87, # 15 Exhibit 88, # 16 Exhibit 89, # 17 Exhibit 90, # 18 Exhibit 91, # 19 Exhibit 92, # 20 Exhibit 93, # 21 Exhibit 94, # 22 Exhibit 95, # 23 Exhibit 96, # 24 Exhibit 97, # 25 Exhibit 98, # 26 Exhibit 99, # 27 Exhibit 100, # 28 Exhibit 101, # 29 Exhibit 102, # 30 Exhibit 103, # 31 Exhibit 104, # 32 Exhibit 105, # 33 Exhibit 106, # 34 Exhibit 107, # 35 Exhibit 108, # 36 Exhibit 109, # 37 Exhibit 110, # 38 Exhibit 111, # 39 Exhibit 112, # 40 Exhibit 113, # 41 Exhibit 114, # 42 Exhibit 115, # 43 Exhibit 116, # 44 Exhibit 117, # 45 Exhibit 118, # 46 Exhibit 119, # 47 Exhibit 120, # 48 Exhibit 121, # 49 Exhibit 122, # 50 Exhibit 123, # 51 Exhibit 124, # 52 Exhibit 125, # 53 Exhibit 126)(Cendali, Dale) |
| Filing 178 COUNTER STATEMENT TO 160 Rule 56.1 Statement. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 177 MEMORANDUM OF LAW in Opposition re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 176 STIPULATED NOTICE OF RULE 41 DISMISSAL: 1. Fairey's Amended Complaint for Declaratory Judgment and Injunctive Relief is dismissed with prejudice. 2. The claims against Fairey asserted in The Associated Press's First Amended Answer, Affirmative Defenses and Counterclaims are dismissed with prejudice. The AP's claims against One 3 Two, Inc., d/b/a Obey Clothing, are not dismissed. 3. Each side to bear its own costs. (Signed by Judge Alvin K. Hellerstein on 1/24/2011) (lnl) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Jennifer Schramm Document 175 Stipulation of Voluntary Dismissal,, was referred to Judge Alvin K. Hellerstein for approval. (ml) |
| Filing 175 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) The Associated Press and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Studio Number One, Inc., Shepard Fairey, Obey Giant LLC, Obey Giant Art, Inc.(Schramm, Jennifer) Modified on 1/21/2011 (ml). |
| Filing 174 MEMO ENDORSEMENT ON NOTICE OF MOTION OF ONE 3 TWO, INC. MOTION TO REDACT CERTAIN CONFIDENTIAL PORTIONS OF ITS SUMMARY JUDGMENT PAPERS FOR PURPOSES OF THE PUBLIC FILE. The moving defendant may remove the identified items from the court files, and substitute full papers without these exhibits. The items do not seem relevant, at least at this point. If they are relevant, a special application regarding them may be made to the court. (Signed by Judge Alvin K. Hellerstein on 1/14/11; (djc) |
| Filing 173 AFFIDAVIT OF SERVICE of Notice of Motion of One 3 Two, Inc. Motion to Redact Certain Confidential Portions of its Summary Judgment Papers for Purposes of the Public File; Memorandum of Law in Support Thereof re: same; Declarations of Regan Donald Juncal and Jeanne A. Fugate, respectively, re: same; [Proposed] Order re: same served on The Associated Press; Shepard Fairey; Obey Giant Art, Inc.; Obey Giant LLC, Studio Number One, Inc. on January 13, 2011. Service was accepted by see attached service list. Service was made by Email. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 172 DECLARATION of Jeanne A. Fugate in Support re: 169 MOTION to Seal Notice of Motion of One 3 Two, Inc. Motion to Redact Certain Confidential Portions of its Summary Judgment Papers for Purposes of the Public File.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 171 DECLARATION of Regan Donald Juncal in Support re: 169 MOTION to Seal Notice of Motion of One 3 Two, Inc. Motion to Redact Certain Confidential Portions of its Summary Judgment Papers for Purposes of the Public File.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 170 MEMORANDUM OF LAW in Support re: 169 MOTION to Seal Notice of Motion of One 3 Two, Inc. Motion to Redact Certain Confidential Portions of its Summary Judgment Papers for Purposes of the Public File.. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 169 MOTION to Seal Notice of Motion of One 3 Two, Inc. Motion to Redact Certain Confidential Portions of its Summary Judgment Papers for Purposes of the Public File. Document filed by One 3 Two, Inc.. Return Date set for 1/20/2011 at 11:59 PM.(Crowther, Robyn) |
| Filing 168 SEALED DOCUMENT placed in vault.(cb) |
| Filing 167 SEALED DOCUMENT placed in vault.(nm) |
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Filing 166
ORDER SEVERING ISSUES DISMISSING SETTLED CLAIMS AND DIRECTING SUBMISSION OF PROPOSALS FOR TRIAL PROCEDURE, A suggestion of settlement having been made between the AP and Fairey, the claims arising between them are dismissed, with prejudice and without costs, but subject to reinstatement by motion within 30 days. No suggestion of settlement has been made between the AP and the Obey Defendants. The claims arising between them are severed and shall continue. A final pretrial conference in this case has been scheduled for 3/16/11, and the trial date is set for 3/21/11. Those dates shall not be adjourned. Counsel for the AP and the Obey Defendants shall submit by joint letter their proposals for the time allowed for openings, presentation of evidence, and summations. (Signed by Judge Alvin K. Hellerstein on 1/10/11) (cd)
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| Filing 165 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Laurie C. Martindale dated 1/7/11 re: We respectfully request Your Honor to grant One 3 Two's request for an extension of two court days to file under seal versions of the declarations of Mr. Borders and Mr. Juncal with original signatures. ENDORSEMENT: The applicant's request for a two-day enlargement is granted. The application to file under seal is denied. The applicant should proceed under my Individual Rule IV. (Signed by Judge Alvin K. Hellerstein on 1/10/11) (rjm) |
| Filing 164 AFFIDAVIT OF SERVICE of Notice of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment; Memorandum of Law in Support of Summary Judgment motion; Rule 56.1 Statement; Declarations and Exhibits in Support Thereof served on The Associated Press; Shepard Fairey; Obey Giant Art, Inc.; Obey Giant LLC; and Studio Number One, Inc. on January 6, 2011. Service was accepted by see attached service list. Service was made by Email. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 163 DECLARATION of Robyn C. Crowther in Support re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N-V (Redacted))(Crowther, Robyn) |
| Filing 162 DECLARATION of Regan Donald Juncal in Support re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit H (Redacted))(Crowther, Robyn) |
| Filing 161 DECLARATION of Christopher Broders in Support re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment.. Document filed by One 3 Two, Inc.. (Attachments: # 1 Exhibit A-D (Redacted), # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G)(Crowther, Robyn) |
| Filing 160 RULE 56.1 STATEMENT. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| Filing 159 MEMORANDUM OF LAW in Support re: 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment. REDACTED COPY. Document filed by One 3 Two, Inc.. (Crowther, Robyn) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robyn Carrico Crowther to RE-FILE Document 151 MOTION for Summary Judgment or, in the alternative, Partial Summary Judgment. ERROR(S): Filing Error of Attachments. Supporting Documents must be filed individually. Event codes located under Replies, Opposition and Supporting Documents. Rule 56.1 Statement must be filed individually. Event code located under Other Answers.. (ka) |
| Filing 158 DECLARATION of Brendan T. Kehoe, Esq. in Support re: 148 MOTION for Summary Judgment.. Document filed by The Associated Press. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73)(Cendali, Dale) |
| Filing 157 DECLARATION of Farah DeGrave in Support re: 148 MOTION for Summary Judgment.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 156 DECLARATION of James Gerberich in Support re: 148 MOTION for Summary Judgment.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 155 DECLARATION of John David Ake in Support re: 148 MOTION for Summary Judgment.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 154 DECLARATION of Ken Dale in Support re: 148 MOTION for Summary Judgment.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 153 RULE 56.1 STATEMENT. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 152 MEMORANDUM OF LAW in Support re: 148 MOTION for Summary Judgment. REDACTED COPY. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 151 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment or, in the alternative, Partial Summary Judgment. Document filed by One 3 Two, Inc.. Responses due by 1/26/2011 Return Date set for 2/7/2011 at 11:59 PM. (Attachments: # 1 Supplement Statement Pursuant to Local Rule 56.1, # 2 Supplement Declaration of Christopher Broders iso Summary Judgment, # 3 Exhibit A-D to Broders Declaration, # 4 Exhibit E to Broders Declaration, # 5 Exhibit F to Broders Declaration, # 6 Exhibit G to Broders Declaration, # 7 Supplement Declaration of Regan Donald Juncal iso Summary Judgment, # 8 Exhibit H to Juncal Declaration, # 9 Supplement Declaration of Robyn Crowther iso Summary Judgment, # 10 Exhibit I to Crowther Declaration, # 11 Exhibit J to Crowther Declaration, # 12 Exhibit K to Crowther Declaration, # 13 Exhibit L to Crowther Declaration, # 14 Exhibit M to Crowther Declaration, # 15 Exhibit N-V to Crowther Declaration, # 16 Supplement Proof of Service)(Crowther, Robyn) Modified on 1/10/2011 (ka). |
| Filing 150 SEALED DOCUMENT placed in vault.(cb) |
| Filing 149 SEALED DOCUMENT placed in vault.(cb) |
| Filing 148 MOTION for Summary Judgment. Document filed by The Associated Press. Return Date set for 1/26/2011 at 11:59 PM. (Attachments: # 1 Certificate of Service)(Cendali, Dale) |
| Filing 147 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment. Document filed by One 3 Two, Inc.. Responses due by 1/26/2011 Return Date set for 2/7/2011 at 11:59 PM.(Crowther, Robyn) |
| Filing 146 TRANSCRIPT of proceedings held on 11/30/2010 before Judge Alvin K. Hellerstein. (lnl) |
| Filing 145 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Dale M. Cendali, Geoffrey Stewart and Robyn C. Crowther dated 11/23/2010 re: The parties jointly request an amendment to the schedule for the close of expert discovery and summary judgment briefing. The parties proposed amended schedule would not change the date for oral argument on the summary judgment motions, which is February 15, 2011, or the trial date, which is March 21, 2011. Specifically, the parties propose the following amendments to the schedule close of expert discovery: from 11/23/2010 to 12/17/2010. Summary judgment briefs from 12/17/2010 to 1/6/2011. Opposition briefs from 1/21/11 to 1/26/11. Reply briefs from 2/4/2011 to 2/7/2011. Oral argument due 2/15/11. Pretrial Order 3/17/2011. Trial 3/21/11. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 11/24/2010) (js) |
| Filing 144 NOTICE OF CHANGE OF ADDRESS by Charles Anthony Michael on behalf of One 3 Two, Inc.. New Address: Brune & Richard LLP, One Battery Park Plaza, 34th Floor, New York, New York, 10004,. (Michael, Charles) |
| Filing 143 NOTICE OF CHANGE OF ADDRESS by Theresa Marie Trzaskoma on behalf of One 3 Two, Inc.. New Address: Brune & Richard LLP, One Battery Park Plaza, 34th Floor, New York, New York, 10004,. (Trzaskoma, Theresa) |
| Filing 142 TRANSCRIPT of proceedings held on August 23, 2010 11:10 a.m. before Judge Alvin K. Hellerstein. (ajc) |
| Filing 141 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Cendali dated 9/3/10 re: All parties jointly respectfully request that oral argument for the parties' motions for summary judgment currently scheduled for February 24, 2011, at 10a.m. be rescheduled to February 15, 15, 2011, at 10:00 a.m. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 9/7/10) (pl) |
| Filing 140 TRANSCRIPT of proceedings held on 8/23/2010 before Judge Alvin K. Hellerstein. (ja) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Civil Cause for Motion Argument held on 8/23/2010. All parties present. Motion schedule set. Motions and Cross-Motions to be filed on 12/17/10. Argument scheduled for February 24, 2011 at 10am. Final pre trial conference set for March 17, 2011 at 2:30pm. Pre trial order to be filed by March 17. All pre trial motions will be argued at the pretrial conference. Additional status conference set for November 30, 2010 at 4pm. Jury selection and trial set for March 21, 2011. (mro) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney George Carpinello Document 139 Stipulation of Voluntary Dismissal, was referred to Judge Alvin K. Hellerstein for approval. (dt) |
| Filing 139 REFERRED TO JUDGE FOR APPROVAL - 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) Mannie Garcia, Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, One 3 Two, Inc., Studio Number One, Inc., The Associated Press and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Mannie Garcia.(Carpinello, George) Modified on 8/23/2010 (dt). |
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Filing 138
ORDER: Except as granted in these rulings, the AP's motion for better and more detailed responses and its motion for sanctions, are both denied, as set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 8/2/2010) (jpo)
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| Filing 137 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Candali dated 7/8/2010 re: The parties jointly request that the next status conference be adjourned to 8/23/2010 at 11:00 a.m. ENDORSEMENT: Adjourned to 8/23/10, at 11:00 a.m. So Ordered. (Signed by Judge Alvin K. Hellerstein on 7/15/2010) (jfe) |
| Filing 136 TRANSCRIPT of proceedings held on May 28, 2010 11:05 a.m. before Judge Alvin K. Hellerstein. (ajc) |
| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Hearing held on 5/28/2010. (mro) |
| Filing 135 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey S. Shelly dated 5/21/2010 re: Counsel for defendants writes request permission to file, ex parte, a declaration that provides the requisite reasons for withdrawal. ENDORSEMENT: All issues and applications in this case should await the conf. of May 28, 2010, 10:30 a.m. (Signed by Judge Alvin K. Hellerstein on 5/21/2010) (tve) |
| CASHIERS OFFICE REMARK on 133 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/10/2010, Receipt Number 902788. (jd) |
| CASHIERS OFFICE REMARK on 131 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/06/2010, Receipt Number 902643. (jd) |
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Filing 134
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 133 Motion for D. Michael Underhill to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 5/12/2010) (tve)
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| Filing 133 MOTION for D. Michael Underhill to Appear Pro Hac Vice. Document filed by Mannie Garcia.(mro) |
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Filing 132
ORDER granting 131 Motion for Edwin L. Fountain to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 5/10/2010) (tro)
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| Filing 131 MOTION for Edwin L. Fountain to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(mro) |
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Filing 130
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Cendali and George F. Carpinello dated 4/30/10 re: Mr. Garcia withdraws his objection to The AP's proposal and joins in The AP's request to postpone The AP's motion for summary judgment on the copyright ownership issue and reschedule it at the May 28th, 2010 status conference. The motion was originally scheduled for Monday, May 3, 2010, and the request to postpone and reschedule it is now unopposed. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/30/10) (db)
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| CASHIERS OFFICE REMARK on 128 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/12/2010, Receipt Number 899915. (jd) |
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Filing 129
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 128 Motion for Bradford E. Kile to Appear Pro Hac Vice. Bradford E. Kile is admitted to practice pro hac vice as counsel for Defendant, Counterclaim Plaintiff and Cross Claim Plaintiff/Defendant Mannie Garcia in this action. (Signed by Judge Alvin K. Hellerstein on 4/14/2010) (tro)
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| CASHIERS OFFICE REMARK on 124 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/02/2010, Receipt Number 899436. (jd) |
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Filing 127
STIPULATED AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 4/12/2010) (tro)
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| Filing 128 MOTION for Bradford E. Kile to Appear Pro Hac Vice. Document filed by Mannie Garcia.(mro) |
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Filing 126
ORDER granting 122 Motion for Evan M. Simon to Appear Pro Hac Vice for Shepard Fairey, Obey Giant LLC, Studio Number One, Inc., Obey Giant Art, Inc. (Signed by Judge Alvin K. Hellerstein on 4/8/2010) (jmi)
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| CASHIERS OFFICE REMARK on 122 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/29/2010, Receipt Number 899144. (jd) |
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Filing 125
ORDER granting 124 Motion for Brian O'Neill to Appear Pro Hac Vice for Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Signed by Judge Alvin K. Hellerstein on 4/8/10) (db)
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Filing 123
ORDER by their joint letters of 3/23 and 25/10, pursuant to my Individual Rule 2E, the parties ask me to rule on various discovery disputes. My rulings follow, as further set forth in this document. I will meet with counsel for the parties on 5/28/10, at 10:30 am, to discuss the status of the case. (Status Conference set for 5/28/2010 at 10:30 AM before Judge Alvin K. Hellerstein). (Signed by Judge Alvin K. Hellerstein on 4/5/10) (cd)
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| Filing 124 MOTION for Brian O'Neill to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(mro) |
| Filing 122 MOTION for Evan M. Simon to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant LLC, Studio Number One, Inc., Obey Giant Art, Inc.(pl) |
| CASHIERS OFFICE REMARK on 120 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/16/2010, Receipt Number 897083. (jd) |
| Filing 120 MOTION for Douglas Licthman to Appear Pro Hac Vice. Document filed by The Associated Press.(mro) |
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Filing 119
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 114 Motion for Diana Marie Torres to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 3/12/2010) (jfe)
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Filing 118
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 115 Motion for Beth Marie Weinstein to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 3/12/2010) (jfe)
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| CASHIERS OFFICE REMARK on 115 Motion to Appear Pro Hac Vice, 114 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 03/09/2010, Receipt Number 896674. (jd) |
| Set/Reset Deadlines: Deposition due by 6/30/2010. (djc) |
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Filing 117
SECOND AMENDED CASE MANAGEMENT ORDER: 1. The status conference previously set for March 5, 2010 at 10:00 a.m. is adjourned. 2. The deadline for amendment of pleadings and joinder passed on January 22, 2010 and will not be further extended. 3. The deadline for completion of all fact discovery previously set for January 31, 2010 will now be March 31, 2010. 4. The deadline for disclosure of expert witnesses and exchange of expert reports previously set for February 26, 2010 will now be April 26, 2010; except the deadline for disclosure of Mannie Garcia's expert witnesses and the exchange of those expert reports previously set for March 5, 2010 will now be May 3, 2010. 5. The filing deadline for motions for summary judgment in connection with the copyright ownership issue previously set for March 2, 2010 will now be May 3, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Oppositions are filed. 6. The deadline for disclosure of rebuttal experts and exchange of rebuttal expert reports previously set for April 2, 2010 will now be June 1, 2010. 7. The deadline for the completion of expert discovery (including depositions) previously set for April 30, 2010 will now be June 30, 2010. 8. The deadline for filing any remaining motions for summary judgment previously set for May 27, 2010 will now be July 26, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Oppositions are filed. In addition, plaintiffs and counterclaim defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One, Inc. are directed to preserve all materials, including all electronic materials, bearing on the spoliation and fabrication issues. (Signed by Judge Alvin K. Hellerstein on 3/10/10) (djc)
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Filing 116
ORDER, that upon consideration of the Motion of Plaintiffs and Counterclaim Defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC and Studio Number One, Inc for Admission Pro Hac Vice, and the Declaration of Chris J. Lopata, submitted in support thereof, and good cause having been shown, it is SO ORDERED that Damon M. Lewis is admitted to the bar of this Court pro hac vice,(pl)
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| Filing 115 MOTION for Beth Marie Weinstein to Appear Pro Hac Vice. Document filed by The Associated Press.(mro) |
| Filing 114 MOTION for Diana Marie Torres to Appear Pro Hac Vice. Document filed by The Associated Press.(mro) |
| CASHIERS OFFICE REMARK on 113 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/02/2010, Receipt Number 895709. (jd) |
| Filing 113 MOTION FOR ADMISSION OF DAMON M. LEWIS, for Damon M. Lewis to Appear Pro Hac Vice, w/ attch. Declaration in support. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(pl) |
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Filing 112
ORDER granting 111 Motion for Katherine E. Stern to Appear Pro Hac Vice for plaintiffs Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Signed by Judge Alvin K. Hellerstein on 3/2/10) (db)
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| CASHIERS OFFICE REMARK on 111 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/24/2010, Receipt Number 895425. (jd) |
| Filing 111 MOTION for Katherine E. Stern to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(mro) |
| Filing 109 AMENDED ANSWER to. Document filed by Mannie Garcia. (Carpinello, George) |
| Filing 110 TRANSCRIPT of proceedings held on January 26, 2010 4:10 p.m. before Judge Alvin K. Hellerstein. (ajc) |
| Filing 108 TRANSCRIPT of proceedings held on November 10, 2009 10:18 a.m. before Judge Alvin K. Hellerstein. (ajc) |
| Transmission to Attorney Admissions Clerk. Transmitted re: 107 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) |
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Filing 107
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 98 Motion for Teresa A. Monroe to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 1/28/2010) (jfe)
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| CASHIERS OFFICE REMARK on 98 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/26/2010, Receipt Number 892624. (jd) |
| Filing 106 DECLARATION of Claudia Ray in Opposition re: 100 MOTION for Protective Order. (This document was previously filed under seal in envelope #95 and unsealed by document #99 on 1/27/2010.) *Pdf was not provided for Declaration and could not be attached, please see court file for original. Document filed by The Associated Press. (tro) |
| Filing 105 MEMORANDUM OF LAW in Opposition re: 100 MOTION for Protective Order. (This document was previously filed under seal in envelope #95 and unsealed by document #99 on 1/27/2010.) *Pdf was not provided for Memorandum of Law and could not be attached, please see court file for original. Document filed by The Associated Press. (tro) |
| Filing 104 REPLY DECLARATION of Meir Feder in Support re: 100 MOTION for Protective Order, et al. (This document was previously filed under seal in envelope #89 and unsealed by document #99 on 1/27/2010.) Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (tro) Modified on 1/28/2010 (tro). |
| Filing 103 REPLY MEMORANDUM OF LAW in Support re: 100 MOTION for Protective Order, et al. (This document was previously filed under seal in envelope #89 and unsealed by document #99 on 1/27/2010.) Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (tro) (tro). Modified on 1/28/2010 (tro). |
| Filing 102 DECLARATION of Meir Feder in Support re: 100 MOTION for Protective Order, et al. (This document was previously filed under seal in envelope #84 and unsealed by document #99 on 1/27/2010.) *Pdf provided was larger than 2.5mb and could not be attached, please see court file for original. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (tro) |
| Filing 101 MEMORANDUM OF LAW in Support re: 100 MOTION for Protective Order. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (This document was previously filed under seal in sealed envelope # 84 and unsealed by document #99 on 1/27/2010.) (tro) Modified on 1/29/2010 (tro). |
| Filing 100 NOTICE OF MOTION for an Order, pursuant to Rule 26(c) of the F.R.C.P., for a Protective Order, postponing the deposition of Shepard Fairey for six months, pending the outcome of a federal criminal investigation concerning matters at issue in this case. In the event the Court decides not to grant the requested relief, movants request an order limiting the scope of Mr. Fairey's deposition for now to the merits issues, not including issues concerning spoliation of evidence. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(tro) (This document was previously filed under seal in envelope #84 and unsealed by document #99 on 1/27/2010.) |
| Transmission to Sealed Records Clerk. Transmitted re: 99 Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jpo) |
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Filing 99
ORDER: For the reasons stated on the record, I deny the motion and unseal all related filings. The Clerk shall unseal the motion and supporting memorandum (Doc. # 84), the memorandum in opposition to the motion (Doc. # 89), and the reply memorandum (Doc. # 95), and mark the motion (Doc. # 84) as terminated. (Signed by Judge Alvin K. Hellerstein on 1/27/2010) (jpo)
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| CASHIERS OFFICE REMARK on 93 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/13/2010, Receipt Number 891036. (jd) |
| Filing 98 MOTION for Teresa A. Monroe to Appear Pro Hac Vice. Document filed by Mannie Garcia.(mro) |
| Filing 97 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Meir Feder dated 1/25/10 re: counsel writes in regard to tomorrow's 4:00 p.m. hearing, which I understand will address our December 28, 2009 motion for a protective order, as well as whether that motion should be sealed. Our request to seal is based on the fact that the motion relates to a grand jury investigation by the U.S. Attorney's Office. ENDORSEMENT: The request is denied, subject to renewal if argument requires disclosure of any information specific to the grand jury inquiry. (Signed by Judge Alvin K. Hellerstein on 1/26/10) (djc) |
| Filing 96 ANSWER to Crossclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| Filing 95 SEALED DOCUMENT placed in vault.(nm) |
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Filing 94
ORDER granting 93 Motion for Jordan A. Gimbel to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 1/19/2010) (jpo)
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| Filing 93 MOTION for Jordan A. Gimbel to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(mbe) |
| Filing 92 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Jeanne A. Fugate dated 1/11/2010 re: Counsel respectfully request that the court grant at least a 60 day continuance of all of the dates in the case management order. The AP respectfully request that the Court deny One 3 Two's request for a 60 day continuance. ENDORSEMENT: A 60 day extension is granted. Assuming good faith discovery proceedings, no further extensions will be granted. So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/13/2010) (jfe) |
| Filing 91 ANSWER to Crossclaim. Document filed by One 3 Two, Inc..(Fugate, Jeanne) |
| Filing 90 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Dale M. Cendali dated 1/4/10 re: Counsel for defendant that the Court consider whether sealing the filings regarding Fairey's pending motion is appropriate. ENDORSEMENT: The conference scheduled for 1/14/2010 is adjourned to 1/26/2010. Plaintiff shall file any reply by January 18, 2010. I will hear argument January 26, 2010, 4:00 p.m. So Ordered. (Signed by Judge Alvin K. Hellerstein on 1/5/10) (js) |
| Filing 89 SEALED DOCUMENT placed in vault.(jri) |
| Filing 88 AMENDED ANSWER to 66 Amended Answer to Complaints, Crossclaim, Counterclaim., CROSSCLAIM against Mannie Garcia. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 87 STIPULATION: The AP's time to respond to Garcia's First Amended Answer, Affirmative Defenses, Counterclaims, and Cross Claims in the above captioned matter has been extended from December 28, 2009 to December 31, 2009. So Ordered (Signed by Judge Alvin K. Hellerstein on 12/29/09) (js) |
| Filing 86 ENDORSED LETTER: addressed to Judge Alvin K. Hellerstein from Claudia Ray dated 12/28/09 re: Counsel for Defendant and Counterclaim Plaintiff The AP is entitled to an additional three days to respond because the motion was served by electronic mail. Thus, it is the AP's understanding that the AP's opposition to the motion is due by Monday, January 4, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/29/09) (js) |
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Filing 85
ORDER: On December 28, 2009, Defendant One 3 Two, Inc. d/b/a Obey Clothing ("One 3 Two) submitted a letter regarding a dispute over the fact discovery deadline. The letter failed to comply with my Individual Rule 2(E) which requires the parties to submit a joint letter presenting all positions. I thus reject the submission. I will address the dispute at a hearing on January 14, 2010, at 2:30 p.m. The parties shall submit a joint letter with each party's position and any responses by noon on January 11, 2010. Any requests for sealing must be made in accordance with my Individual Rule 4. (Signed by Judge Alvin K. Hellerstein on 12/29/2009) (jfe)
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| Filing 84 SEALED DOCUMENT placed in vault.(jri) |
| Filing 83 ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Lopata, Chris) |
| Filing 82 NOTICE OF CHANGE OF ADDRESS by Joseph C. Gratz on behalf of Shepard Fairey, Obey Giant Art, Inc. New Address: Durie Tangri LLP, 217 Leidesdorff, San Francisco, CA, USA 94111, 415-362-6666. (Gratz, Joseph) |
| CASHIERS OFFICE REMARK on 68 Motion to Appear Pro Hac Vice, 67 Motion to Appear Pro Hac Vice, 69 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 12/01/2009, Receipt Number 707305. (jd) |
| Filing 81 ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Lopata, Chris) |
| Filing 80 NOTICE OF APPEARANCE by Laurie Catherine Martindale on behalf of One 3 Two, Inc. (Martindale, Laurie) |
| Filing 79 NOTICE OF APPEARANCE by Jeanne Adele Fugate on behalf of One 3 Two, Inc. (Fugate, Jeanne) |
| Filing 78 NOTICE OF APPEARANCE by Robyn Carrico Crowther on behalf of One 3 Two, Inc. (Crowther, Robyn) |
| Filing 77 TRANSCRIPT of proceedings held on 11/10/2009 before Judge Alvin K. Hellerstein. (tve) |
| Transmission to Attorney Admissions Clerk. Transmitted re: 74 Order, Terminate Motions, 75 Order, Terminate Motions, 76 Order, Terminate Motions, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) |
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Filing 76
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Robyn C. Crowther is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo)
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Filing 75
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Laurie C. Martindale is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo)
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Filing 74
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Jeanne A. Fugate is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo)
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| Filing 73 TRANSCRIPT of proceedings held on 11/10/2009 before Judge Alvin K. Hellerstein. (tve) |
| Filing 72 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Chris J. Lopata dated 12/3/09 re: counsel for plaintiffs write to request a short extension of time to December 14, 2009 to permit plaintiffs and counterclaim defendants to respond to the Associated Press's First Amended Counterclaim. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/4/09) (pl) |
| Filing 71 ANSWER to Counterclaim. Document filed by One 3 Two, Inc..(Trzaskoma, Theresa) |
| Filing 70 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by One 3 Two, Inc..(Trzaskoma, Theresa) |
| Filing 66 AMENDED ANSWER to 1 Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against Shepard Fairey. Document filed by Mannie Garcia. (Carpinello, George) |
| Filing 65 NOTICE OF APPEARANCE by Chris J. Lopata on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Lopata, Chris) |
| Filing 64 ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| Filing 69 MOTION for Jeanne A. Fugate to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) |
| Filing 68 MOTION for Laurie C. Martindale to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) (mbe). |
| Filing 67 MOTION for Robyn C. Crowther to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) |
| Filing 63 NOTICE OF APPEARANCE by Charles Anthony Michael on behalf of One 3 Two, Inc. (Michael, Charles) |
| Filing 62 NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of One 3 Two, Inc. (Trzaskoma, Theresa) |
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Filing 61
CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure: Amended Pleadings due by 1/22/2010. Joinder of Parties due by 1/22/2010. Motions due by 3/2/2010. Discovery due by 4/30/2010. Status Conference set for 3/5/2010 at 10:00 AM before Judge Alvin K. Hellerstein. All fact discovery to be completed by January 30, 2010. Disclosure of expert witnesses and exchange of expert reports by February 26, 2010; except disclosure of Mannie Garcia's expert witnesses and the exchange of those export reports by March 5, 2010. Motions for summary judgment in connection with the copyright ownership issue filed on or before March 2, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Oppositions are filed. Disclosure of rebuttal experts and exchange of rebuttal expert reports by April 2, 2010. Expert discovery (including depositions) to be completed by April 30, 2010. Remaining motions for summary judgment filed on or before MaY 27, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Opposition, are filed. In addition. plaintiffs and counterclaim defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One. Inc. are directed to preserve all materials, including all electronic materials, bearing on the spoliation and fabrication issues. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/23/2009) (jmi)
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| CASHIERS OFFICE REMARK on 53 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/10/2009, Receipt Number 705436. (jd) |
| CASHIERS OFFICE REMARK on 48 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/04/2009, Receipt Number 705166. (jd) |
| Transmission to Attorney Admissions Clerk. Transmitted re: 60 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
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Filing 60
ORDER ADMITTING COUNSEL PRO HAC VICE granting 53 Motion for Michael F. Williams to Appear Pro Hac Vice for the Associated Press. (Signed by Judge Alvin K. Hellerstein on 11/16/09) (cd)
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| Filing 59 AMENDED COMPLAINT amending 1 Complaint against The Associated Press.Document filed by Shepard Fairey, Obey Giant Art, Inc. Related document: 1 Complaint filed by Obey Giant Art, Inc, Shepard Fairey.(mro) |
| Filing 58 AMENDED ANSWER to 13 Answer to Complaint, Counterclaim. Document filed by Shepard Fairey, Studio Number One, Inc., Obey Giant Art, Inc. (Stewart, Geoffrey) |
| Filing 57 AMENDED ANSWER to 33 Answer to Complaint, Crossclaim, Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc. (Stewart, Geoffrey) |
| Filing 56 CERTIFICATE OF SERVICE of Summons and Amended Answer to Complaints, Counterclaim,,. Service was accepted by Robyn C. Crowther, Counsel for One 3 Two, Inc. (d/b/a Obey Clothing). Service was made by E-Mail. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 55 SUMMONS RETURNED EXECUTED. One 3 Two, Inc. served on 11/11/2009, answer due 12/1/2009. Service was accepted by Robyn C. Crowther, Counsel for One 3 Two, Inc. (d/b/a Obey Clothing). Service was made by E-Mail. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 54 AMENDED ANSWER to., COUNTERCLAIM against Shepard Fairey, One 3 Two, Inc., Obey Giant LLC, Studio Number One, Inc., Obey Giant Art, Inc. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale) |
| Filing 53 MOTION for Michael F. Williams to Appear Pro Hac Vice. Document filed by The Associated Press.(dle) |
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Filing 52
ORDER granting 41 Motion to Amend/Correct ; granting 42 Motion to Amend/Correct ; granting 46 Motion to Substitute Attorney. Added attorney Jones Day for Shepard Fairey and Obey Giant Art, Inc, William W. Fisher, III for Shepard Fairey and Obey Giant Art, Inc. Attorney Joseph C. Gratz; Sarah Hinchliff Pearson; Mark Lemley; Michael H. Page; Julie Angela Ahrens and Anthony T. Falzone terminated. On November 10, 2009, the parties came before me to argue three motions. For the reasons stated on the record, I grant the parties' motions to amend the pleadings, Defendants' motion to add One 3 Two, Inc. (d/b/a Obey Clothing) as a counterclaim defendant, and Fairey's motion to substitute counsel. The clerk shall mark the motions (Doc Nos. 41,42, and 46) as terminated. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/10/2009) (jmi) Modified on 11/16/2009 (jmi).
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| Transmission to Attorney Admissions Clerk. Transmitted re: 51 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) |
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Filing 51
ORDER: granting 48 Motion for William E. Fisher III to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 11/9/2009) (jfe)
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| Filing 50 DECLARATION of Dale M. Cendali in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cendali, Dale) |
| Filing 49 MEMORANDUM OF LAW in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 48 MOTION for William E. Fisher III to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(mro) |
| Filing 47 NOTICE OF APPEARANCE by Meir Feder on behalf of Shepard Fairey, Obey Giant Art, Inc (Feder, Meir) |
| Filing 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph) |
| Filing 45 NOTICE OF APPEARANCE by Geoffrey Shannon Stewart on behalf of Shepard Fairey, Obey Giant Art, Inc (Stewart, Geoffrey) |
| Filing 44 DECLARATION of Dale M. Cendali in Support re: 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale) |
| Filing 43 MEMORANDUM OF LAW in Support re: 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure.. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure. Document filed by The Associated Press.(Cendali, Dale) |
| Filing 41 MOTION to Amend/Correct 21 Answer to Counterclaim, 1 Complaint, 35 Answer to Counterclaim,. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit B part 1, # 5 Exhibit B part 2, # 6 Exhibit B part 3, # 7 Exhibit C part 1, # 8 Exhibit C part 2, # 9 Exhibit C part 3, # 10 Exhibit C part 4)(Ahrens, Julie) |
| Filing 40 ANSWER to Crossclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| Filing 39 ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| Filing 38 NOTICE OF APPEARANCE by Sarah Pearson Hinchliff on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Hinchliff, Sarah) |
| Filing 37 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Claudia Ray dated 8/21/09 re: counsel for defendant requests that the Court extend the deadline to amend or join parties to 10/30/09. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/24/09) (dle) |
| Filing 36 ANSWER to Complaint., CROSSCLAIM against Mannie Garcia. Document filed by The Associated Press.(Cendali, Dale) |
| Filing 35 ANSWER to Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph) |
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Filing 34
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 8/14/2009) (jfe)
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| Filing 33 ANSWER to Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against all plaintiffs. Document filed by Mannie Garcia.(Carpinello, George) |
| Filing 32 MEMO ENDORSEMENT granting 27 Motion to Intervene. ENDORSEMENT: Motion to Intervene is granted, w/out opp'n. (Signed by Judge Alvin K. Hellerstein on 7/22/09) (tro) |
| Filing 31 ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Cendali and Anthony T. Falzone dated 7/22/09 re: The parties in this matter write jointly to inform Your Honor that they do not oppose Mannie Garcia's motion to intervene in this action, which was filed on 7/8/09. Counsel do respectfully ask the Court to give the parties until Friday, 8/14/09 to respond to Mr. Garcia's pleading. ENDORSEMENT: So ordered. The conf. of Sep. 11, 2009 is adjourned to Nov. 20, 2009, 10:00 a.m. (Signed by Judge Alvin K. Hellerstein on 7/22/09) (tro) |
| Filing 30 CERTIFICATE OF SERVICE. Service was made by Mail and E-mail. Document filed by Mannie Garcia. (Carpinello, George) |
| Filing 29 DECLARATION of George F. Carpinello in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Attachments: # 1 Exhibit A to Carpinello Declaration)(Carpinello, George) |
| Filing 28 MEMORANDUM OF LAW in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Carpinello, George) |
| Filing 27 QUARTERLY MOTION to Intervene Notice of Motion. Document filed by Mannie Garcia.(Carpinello, George) |
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Filing 26
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Alvin K. Hellerstein on 6/23/2009) (tve)
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Filing 25
CASE MANAGEMENT ORDER: Amended Pleadings due by 8/21/2009. Fact Discovery due by 8/14/2009. Joinder of Parties due by 8/21/2009. ENDORSEMENT: Next status conf. 9/11/2009 10:00 am, to discuss all following stages. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/22/2009) (tve)
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| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Pretrial Conference held on 5/22/2009, ( Pretrial Conference set for 9/11/2009 at 10:00 AM before Judge Alvin K. Hellerstein.). (mbe) |
| Filing 24 ENDORSED LETTER addressed to Alvin K. Hellerstein from Claudia Ray dated April 27, 2009, re: We represent defendant and counterclaim plaintiff The Associated Press in the above-referenced litigation. We understand that an initial court conference has been scheduled for Friday, May 15, 2009 at 9:45 am. Unfortunately, we have a preexisting conflict at that time ENDORSEMENT: Conf. adjourned to 5/22/2009, 9:30 am. ( Initial Conference set for 5/22/2009 at 09:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/27/2009) (rw) |
| Filing 23 NOTICE OF APPEARANCE by Brendan Thomas Kehoe on behalf of The Associated Press (Kehoe, Brendan) |
| Filing 22 NOTICE OF APPEARANCE by Claudia Elizabeth Ray on behalf of The Associated Press (Ray, Claudia) |
| Filing 21 ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A)(Falzone, Anthony) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Obey Giant LLC, Studio Number One, Inc..(Falzone, Anthony) |
| Filing 19 STIPULATION EXTENDING TIME: The time for Counterclaim Defendants to move, answer or otherwise respond to the counterclaim complaint in this action shall be extended to and including 4/14/09. (Signed by Judge Sidney H. Stein for Judge Alvin K. Hellerstein on 4/14/09) (tro) |
| Filing 18 AFFIDAVIT OF SERVICE of 1) Third-Party Summons in a Civil Action, 2) Defendant and Third-Party Plaintiff's Answer and Counterclaims, 3) Individual Practice Rules of Judge Hellerstein and 4) the Standing Orders of Magistrate Eaton served on Studio Number One, Inc. on 3/31/09. Service was made by Federal Express. Document filed by The Associated Press. (Cendali, Dale) |
| Filing 17 AFFIDAVIT OF SERVICE of 1) Third-Party Summons in a Civil Action, 2) Defendant and Third-Party Plaintiff's Answer and Counterclaims, 3) Individual Practice Rules of Judge Hellerstein and 4) the Standing Orders of Magistrate Eaton served on Obey Giant LLC on 3/31/09. Service was made by Federal Express. Document filed by The Associated Press. (Cendali, Dale) |
| Transmission to Attorney Admissions Clerk. Transmitted re: 16 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) |
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 8 Motion for Michael Page to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db)
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| Transmission to Attorney Admissions Clerk. Transmitted re: 15 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) |
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 7 Motion for Joseph C. Gratz to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db)
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| Transmission to Attorney Admissions Clerk. Transmitted re: 14 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) |
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 9 Motion for Mark A. Lemley to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db)
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| CASHIERS OFFICE REMARK on 7 Motion to Appear Pro Hac Vice, 8 Motion to Appear Pro Hac Vice, 9 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 03/03/2009, Receipt Number 680198. (jd) |
| Filing 13 ANSWER to Complaint., COUNTERCLAIM against Obey Giant LLC, Studio Number One, Inc., Shepard Fairey, Obey Giant Art, Inc. Document filed by The Associated Press.(Cendali, Dale) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Associated Press.(Cendali, Dale) |
| Filing 11 NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of The Associated Press (Cendali, Dale) |
| Filing 10 NOTICE OF CHANGE OF ADDRESS by Dale Margaret Cendali on behalf of The Associated Press. New Address: Kirkland & Ellis LLP, 153 East 53rd Street, New York, New York, USA 10022, 212.446-4800. (Cendali, Dale) |
| Filing 6 WAIVER OF SERVICE AND STIPULATION: Pursuant to F.R.C.P. 4(d), Defendant hereby waives service of the Summons and Complaint. Defendant shall files its response to the Complaint on or before 3/4/09. (Signed by Judge Alvin K. Hellerstein on 3/3/09) (tro) |
| Filing 9 MOTION for Mark A. Lemley to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| Filing 8 MOTION for Michael Page to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| Filing 7 MOTION for Joseph C. Gratz to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| CASHIERS OFFICE REMARK on 3 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/09/2009, Receipt Number 677355. (jd) |
| Filing 5 REQUEST FOR WAIVER OF SERVICE sent to Larry Brando as Registered Agent of The Associated Press. Document filed by Shepard Fairey, Obey Giant Art, Inc. Request for Waiver Mailed on 2/9/2009. Waiver of Service due by 3/9/2009. (Ahrens, Julie) |
| Transmission to Attorney Admissions Clerk. Transmitted re: 4 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (mme) |
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Filing 4
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 3 Motion for Anthony T. Falzone to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 2/18/09) (mme)
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| Mailed notice to Register of Copyrights to report the filing of this action. (rdz) |
| Filing 3 MOTION for Anthony T. Falzone to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Douglas F. Eaton is so designated. (rdz) |
| SUMMONS ISSUED as to The Associated Press. (rdz) |
| Filing 1 COMPLAINT against The Associated Press. (Filing Fee $ 350.00, Receipt Number 677352)Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz) |
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