The Andy Warhol Foundation For The Visual Arts, Inc. v. Goldsmith et al
| The Andy Warhol Foundation For The Visual Arts, Inc. |
| Goldsmith, Lynn Goldsmith and Lynn Goldsmith, Ltd. |
| 1:2017cv02532 |
| April 7, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John G Koeltl |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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Filing 97
JOINT STIPULATION AND ORDER STAYING THE ACTION: NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned counsel for the Parties, subject to the approval of the Court, as follows: 1. This action, including the October 26, 2021 status conference, shall be stayed pending the resolution of AWF's forthcoming petition for a writ of certiorari, and to the extent the Supreme Court grants AWF's petition, until the ultimate resolution of that appeal; 2. Nothing herein shall be construed as a waiver of any Party's rights, or as a waiver of any defenses that any Party would otherwise have, and the Parties reserve all such rights. SO STIPULATED AND AGREED by and between the parties this 25th day of October, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 10/25/2021) Case stayed. (ks)
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Filing 96
PROPOSED STIPULATION AND ORDER. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc...(Nikas, Luke)
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Filing 95
ORDER: The Court will hold a conference on October 26, 2021 at 4 p.m. The parties may access the conference using the following dial-in: 888- 363-4749, with access code 8140049. So Ordered (Telephone Conference set for 10/26/2021 at 04:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 10/20/2021) (js)
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Filing 94
MANDATE of USCA (Certified Copy) as to #91 Notice of Appeal, filed by Lynn Goldsmith, Ltd., Lynn Goldsmith. USCA Case Number 19-2420. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's grant of The Andy Warhol Foundation for the Visual Arts, Inc.'s motion for summary judgment is REVERSED, the judgment entered below dismissing Lynn Goldsmith and Lynn Goldsmith, Ltd.'s amended counterclaim is VACATED, and the case is REMANDED to the district court for further proceedings consistent with this Court's opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/17/2021..(nd)
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Transmission of USCA Mandate to the District Judge re: #94 USCA Mandate,,..(nd)
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Filing 93
USCA OPINION (Certified) as to #91 Notice of Appeal, filed by Lynn Goldsmith, Ltd., Lynn Goldsmith. USCA Case Number 19-2420. Defendants-Appellants Lynn Goldsmith and Lynn Goldsmith, Ltd., appeal from a judgment of the United States District Court for Southern District of New York (Koeltl, J.) granting summary judgment to Plaintiff-Appellee The Andy Warhol Foundation for the Visual Arts, Inc. on its complaint for a declaratory judgment of fair use and dismissing Defendants-Appellants' counterclaim for copyright infringement. We conclude that the district court erred in its assessment and application of the fair-use factors and that the works in question do not qualify as fair use as a matter of law. We likewise conclude that the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law. We therefore REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion. JUDGE JACOBS concurs in the Court's opinion, and files a concurring opinion.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 08/24/2021..(nd)
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Transmission of USCA Opinion to the District Judge re: #93 USCA Opinion..(nd)
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Filing 92
USCA OPINION (Certified) as to #91 Notice of Appeal, filed by Lynn Goldsmith, Ltd., Lynn Goldsmith. USCA Case Number 19-2420. For the reasons stated in the opinion, we REVERSE the grant of AWF's motion for summary judgment, VACATE the judgment entered below dismissing Lynn Goldsmith and LGL's amended counterclaim, and REMAND this case for further proceedings consistent with this opinion. JUDGE SULLIVAN concurs in the Court's opinion, and files a concurring opinion in which JUDGE JACOBS joins. JUDGE JACOBS concurs in the Court's opinion, and files a concurring opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/26/2021. (Attachments: #1 Joined Concurring opinion, #2 Concurring opinion by Judge Jacobs).(nd)
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Transmission of USCA Opinion to the District Judge re: #92 USCA Opinion..(nd)
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Filing 91
NOTICE OF APPEAL from #87 Judgment,,,,. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. Filing fee $ 505.00, receipt number ANYSDC-17386913. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Werbin, Barry)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #91 Notice of Appeal,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #91 Notice of Appeal filed by Lynn Goldsmith, Ltd., Lynn Goldsmith were transmitted to the U.S. Court of Appeals. (nd)
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Filing 90
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/10/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 89
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/10/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/21/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/29/2019.(McGuirk, Kelly)
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Filing 88
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 7/15/2019 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (Attachments: #1 Supplement Complaint) (ama)
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Filing 87
JUDGMENT AND ORDER: It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated July 1, 2019 (Dkt. 84) ("Opinion"), Plaintiff-Counterclaim- Defendant The Andy Warhol Foundation for the Visual Arts, Inc. 's ("AWF") motion for summary judgment (Dkt. 54) is granted with respect to AWF's Prince Series works (as defined in the Opinion) insofar as such works are entitled to a fair use defense under 17 U.S.C. 107; Defendants-Counterclaim-Plaintiffs Lynn Goldsmith and Lynn Goldsmith Ltd.'s motion for summary judgment (Dkt. 51) is denied and Defendant-Counterclaim-Plaintiff Lynn Goldsmith's amended counterclaim (Dkt. 20) is dismissed with prejudice. Any application for costs and attorney's fees is stayed until fourteen days (14) after a mandate is issued on any appeal from this judgment or the time to appeal has expired, whichever date first occurs. (Signed by Judge John G. Koeltl on 7/14/2019) (ama) Modified on 7/15/2019 (ama).
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Terminate Transcript Deadlines (ama)
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Filing 86
RESPONSE re: #85 Proposed Judgment . Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Attachments: #1 Counter-Proposed Judgment)(Werbin, Barry)
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Filing 85
PROPOSED JUDGMENT. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 84
OPINION AND ORDER: The Court has considered all the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, AWF's motion for summary judgment is granted, and Goldsmith's motion for summary judgment is denied. Goldsmith's copyright infringement counterclaim is dismissed. AWF should submit a proposed judgment by July 8, 2019. Goldsmith may submit any objections or counter judgment by July 10, 2019. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 7/1/2019) (jca) Modified on 7/3/2019 (jca).
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Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 6/10/2019 re: #51 MOTION for Summary Judgment. Filed by Lynn Goldsmith, Ltd., Lynn Goldsmith. (Fletcher, Donnie)
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***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED ORDER TO BRING PERSONAL ELECTRONIC DEVICE(S) OR GENERAL PURPOSE COMPUTING DEVICE(S) INTO THE COURTHOUSES OF THE SDNY FOR USE IN A PROCEEDING OR TRIAL. Notice to Attorney Barry Werbin re: Document #83 Proposed Order was rejected by the Clerk's Office for the following reason, the Order to Bring Personal Electronic Device(s) or General Purpose Computing Device(s) Into the Courthouses of the SDNY for Use in a Proceeding or Trial should not be electronically filed. Please download and review the Local Rules, Judge's Individual Rules of Practice and ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (km)
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Filing 83
PROPOSED ORDER. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. Related Document Number: [laptop permission]. (Werbin, Barry) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 82
ORDER: Oral argument for the pending cross-motions for summary judgment is adjourned from June 10, 2019 at 10am to June 10, 2019 at 2:30pm. SO ORDERED. (Signed by Judge John G. Koeltl on 5/29/2019) ( Oral Argument set for 6/10/2019 at 02:30 PM before Judge John G. Koeltl.) (ks)
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Filing 81
ORDER granting in part and denying in part #80 Letter Motion for Oral Argument. A one month extension of the argument is unreasonable. Argument rescheduled to June 10, 2019 at 10:00 A.M. No further extensions. So Ordered. (Signed by Judge John G. Koeltl on 5/23/2019) (ks)
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Set/Reset Hearings: Oral Argument set for 6/10/2019 at 10:00 AM before Judge John G. Koeltl. (ks)
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Filing 80
CONSENT LETTER MOTION for Oral Argument Adjournment addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 5/30/2019 at 10:30 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie)
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Filing 79
ORDER granting #78 Letter Motion for Oral Argument. The Court will hold oral argument on the motions. The Clerk is directed to close document 78. So Ordered. (Signed by Judge John G. Koeltl on 3/27/19) (yv)
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Filing 78
LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from Luke Nikas dated January 3, 2019. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 77
LETTER addressed to Judge John G. Koeltl from Barry Werbin dated December 14, 2018 re: courtesy copies of cross-motion for summary judgment. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 76
DECLARATION of Luke Nikas in Support re: #54 MOTION for Summary Judgment .. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Attachments: #1 Exhibit 172, #2 Exhibit 173)(Nikas, Luke)
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Filing 75
RULE 56.1 STATEMENT. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 74
REPLY MEMORANDUM OF LAW in Support re: #54 MOTION for Summary Judgment . . Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 73
DECLARATION of Barry Werbin, Esq. in Further Support of Goldsmith Parties' Cross-Motion for Summary Judgment, in Support re: #51 MOTION for Summary Judgment .. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Attachments: #1 Exhibit J-2 transcript pages from the deposition of Lynn Goldsmith inadvertently omitted from Exhibit J to Declaration dated 10/12/18 (Docket No.57))(Werbin, Barry)
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Filing 72
REPLY MEMORANDUM OF LAW in Support re: #51 MOTION for Summary Judgment . /Reply Memorandum of Law of Defendants and Counterclaim Plaintiff Lynn Goldsmith and Lynn Goldsmith, Ltd. in Further Support of their Motion for Summary Judgment. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 71
SEALED DOCUMENT placed in vault.(rz)
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Filing 70
COUNTER STATEMENT TO #52 Rule 56.1 Statement. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 69
DECLARATION of Luke Nikas in Opposition re: #51 MOTION for Summary Judgment .. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Attachments: #1 Exhibit 141, #2 Exhibit 142, #3 Exhibit 143, #4 Exhibit 144, #5 Exhibit 145, #6 Exhibit 146, #7 Exhibit 147, #8 Exhibit 148, #9 Exhibit 149, #10 Exhibit 150, #11 Exhibit 151, #12 Exhibit 152, #13 Exhibit 153, #14 Exhibit 154, #15 Exhibit 155, #16 Exhibit 156, #17 Exhibit 157, #18 Exhibit 158, #19 Exhibit 159, #20 Exhibit 160, #21 Exhibit 161, #22 Exhibit 162, #23 Exhibit 163, #24 Exhibit 164, #25 Exhibit 165, #26 Exhibit 166, #27 Exhibit 167, #28 Exhibit 168, #29 Exhibit 169, #30 Exhibit 170, #31 Exhibit 171)(Nikas, Luke)
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Filing 68
MEMORANDUM OF LAW in Opposition re: #51 MOTION for Summary Judgment . . Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 67
DECLARATION of Barry Werbin in Opposition re: #54 MOTION for Summary Judgment .. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Attachments: #1 Exhibit QQQ, #2 Exhibit RRR, #3 Exhibit SSS, #4 Exhibit TTT, #5 Exhibit UUU, #6 Exhibit VVV, #7 Exhibit WWW, #8 Exhibit XXX)(Werbin, Barry)
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Filing 66
COUNTER STATEMENT TO #56 Rule 56.1 Statement. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #54 MOTION for Summary Judgment . . Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 64
ORDER granting #63 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. SO ORDERED. (Responses due by 11/20/2018, Replies due by 12/11/2018.) (Signed by Judge John G. Koeltl on 10/30/2018) (jca)
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Filing 63
JOINT LETTER MOTION for Extension of Time to File Response/Reply related to parties' cross-motions for summary judgment addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 62
SEALED DOCUMENT placed in vault.(rz)
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Filing 61
SEALED DOCUMENT placed in vault.(rz)
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Filing 60
DECLARATION of Luke Nikas in Support re: #54 MOTION for Summary Judgment .. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (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, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, #140 Exhibit 140)(Nikas, Luke)
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Filing 59
DECLARATION of Barrry Werbin (Part 3 - Exhibits AAA-PPP) in Support re: #51 MOTION for Summary Judgment .. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Attachments: #1 Exhibit AAA, #2 Exhibit BBB, #3 Exhibit CCC, #4 Exhibit DDD, #5 Exhibit EEE, #6 Exhibit FFF, #7 Exhibit GGG, #8 Exhibit HHH, #9 Exhibit III, #10 Exhibit JJJ, #11 Exhibit KKK, #12 Exhibit LLL, #13 Exhibit MMM, #14 Exhibit NNN, #15 Exhibit OOO, #16 Exhibit PPP)(Werbin, Barry)
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Filing 58
DECLARATION of Barry Werbin (Part 2 - Exhibits AA-ZZ) in Support re: #51 MOTION for Summary Judgment .. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Exhibit GG, #8 Exhibit HH, #9 Exhibit II, #10 Exhibit JJ, #11 Exhibit KK, #12 Exhibit LL, #13 Exhibit MM, #14 Exhibit NN, #15 Exhibit OO, #16 Exhibit PP, #17 Exhibit QQ, #18 Exhibit RR, #19 Exhibit SS, #20 Exhibit TT, #21 Exhibit UU, #22 Exhibit VV, #23 Exhibit WW, #24 Exhibit XX, #25 Exhibit YY, #26 Exhibit ZZ)(Werbin, Barry)
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Filing 57
DECLARATION of Barry Werbin (Part 1 - Exhibits A -Z) in Support re: #51 MOTION for Summary Judgment .. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z)(Werbin, Barry)
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Filing 56
RULE 56.1 STATEMENT. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 55
MEMORANDUM OF LAW in Support re: #54 MOTION for Summary Judgment . . Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 54
MOTION for Summary Judgment . Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 53
MEMORANDUM OF LAW in Support re: #51 MOTION for Summary Judgment . . Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 52
RULE 56.1 STATEMENT. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 51
MOTION for Summary Judgment . Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 50
ORDER granting #49 Letter Motion to Seal Document. Application Granted. So Ordered. (Signed by Judge John G. Koeltl on 10/11/18) (yv)
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Filing 49
JOINT LETTER MOTION to Seal Document related to cross-motions for summary judgment addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 48
ORDER granting #47 Letter Motion for Extension of Time. APPLICATION GRANTED. Motions due by 10/12/2018. (Signed by Judge John G. Koeltl on 9/11/2018) (mro)
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Set/Reset Deadlines: Responses due by 11/12/2018 Replies due by 11/30/2018. (mro)
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Filing 47
JOINT LETTER MOTION for Extension of Time of the current briefing schedule for the parties' cross-motions for summary judgment addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 46
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/13/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 45
TRANSCRIPT of Proceedings re: conference held on 7/13/2018 before Judge John G. Koeltl. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2018. Redacted Transcript Deadline set for 8/30/2018. Release of Transcript Restriction set for 10/29/2018.(McGuirk, Kelly)
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Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 7/13/2018. (Fletcher, Donnie)
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Filing 44
ORDER: withdrawing without prejudice to renewal #31 Motion to Preclude; terminating #41 Letter Motion for Conference ; granting #42 Letter Motion for Leave to File Document. The defendants' motion to strike the expert report of Dr. Thomas Crow is withdrawn without prejudice to renewal. The Clerk of Court is directed to close the motion at Docket No. 31. The parties' cross-motions for summary judgment are due on September 28, 2018. Oppositions are due October 26, 2018. Replies are due November 16, 2018. For these motions only, the memoranda of law in support of and in opposition to the motions are limited to 10,000 words, and reply memoranda of law are limited to 2,800 words. The Clerk of Court is directed to close the motions at Docket Nos. 41 and 42. SO ORDERED. (Signed by Judge John G. Koeltl on 7/13/2018) (ama)
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Set/Reset Deadlines: Cross Motions due by 9/28/2018. Responses due by 10/26/2018 Replies due by 11/16/2018. (ama)
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Filing 43
ORDER, A conference in this matter will be held on Friday, July 13, 2018, at 10:30am. SO ORDERED. (Status Conference set for 7/13/2018 at 10:30 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 7/10/18) (yv)
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Filing 42
LETTER MOTION for Leave to File motion for summary judgment addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 41
LETTER MOTION for Conference addressed to Judge John G. Koeltl from Luke Nikas dated July 6, 2018. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 40
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, under 28 U.S.C. 636(c). This case is to be tried to a jury. Expert Discovery due by 6/29/2018. Parties seeking to make dispositive motions should submit a letter to the Court in accordance with Rule 2(B) of the Court's Individual Practices by July 6, 2018. Opposition letters are due July 13, 2018. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3-5 days. So Ordered. (Signed by Judge John G. Koeltl on 6/6/18) (yv)
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Filing 39
NOTICE OF APPEARANCE by Maaren Alia Shah on behalf of The Andy Warhol Foundation For The Visual Arts, Inc.. (Shah, Maaren)
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Filing 38
REPLY MEMORANDUM OF LAW in Support re: #31 MOTION to Preclude the Expert Report of Dr. Thomas Crow. . Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time to Complete Discovery. Application Granted. Parties should submit a revised scheduling order by June 6, 2018. So Ordered. (Signed by Judge John G. Koeltl on 5/30/18) (yv)
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Set/Reset Deadlines: Expert Discovery due by 6/29/2018. (yv)
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Filing 36
JOINT LETTER MOTION for Extension of Time to Complete Discovery (Expert) and other remaining deadlines addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 35
MEMORANDUM OF LAW in Opposition re: #31 MOTION to Preclude the Expert Report of Dr. Thomas Crow. . Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 34
LETTER addressed to Judge John G. Koeltl from Luke Nikas dated May 23, 2018 re: Holding the Motion to Preclude Expert Report in Abeyance. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 33
MEMORANDUM OF LAW in Support re: #31 MOTION to Preclude the Expert Report of Dr. Thomas Crow. . Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 32
DECLARATION of Barry Werbin in Support re: #31 MOTION to Preclude the Expert Report of Dr. Thomas Crow.. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Werbin, Barry)
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Filing 31
MOTION to Preclude the Expert Report of Dr. Thomas Crow. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 30
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #29 Letter Motion for Extension of Time to Complete Discovery: The parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. No additional parties may be joined except by an amendment made consistent with Fed. R. Civ. P. 15 or, otherwise, with leave of the Court. A party may amend its pleadings consistent with Fed. R. Civ. P. 15, but may not otherwise amend its pleadings except with leave of the Court. Fact Discovery due by 4/6/2018. Fact Deposition due by 4/16/2018. Expert Discovery due by 6/15/2018. Expert Deposition due by 6/15/2018. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3-5 days. (Signed by Judge John G. Koeltl on 3/29/2018) (jwh) Modified on 5/25/2018 (jwh).
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Set/Reset Deadlines: Expert Discovery due by 6/15/2018. Fact Discovery due by 4/16/2018. (jwh)
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Filing 29
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl dated March 29, 2018. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Attachments: #1 Proposed Revised Order)(Nikas, Luke)
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Filing 28
NOTICE OF APPEARANCE by Daniel Rickert Koffmann on behalf of The Andy Warhol Foundation For The Visual Arts, Inc.. (Koffmann, Daniel)
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Filing 27
NOTICE OF CHANGE OF ADDRESS by Luke William Nikas on behalf of The Andy Warhol Foundation For The Visual Arts, Inc.. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 51 Madison Ave, 22nd Floor, New York, NY, 10010, (212) 849-7000. (Nikas, Luke)
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Filing 26
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, under 28 U.S.C. 636(c). This case is to be tried to a jury. Serve interrogatories by July 22, 2017 (as limited by Southern District Local Rule 33.1). Deposition due by 1/15/2018. The parties must complete their initial disclosures under Fed. R. Civ. P. 26(a)(1) no later than June 29, 2017. Fact Discovery due by 2/26/2018. Serve requests to admit no later than January 22, 2018. Expert Discovery due by 4/30/2018. Every party-proponent that intends to offer expert testimony in respect of a claim-including any counterclaim, cross-claim, or third-party claim- must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by February 28, 2018. Every party-opponent of such claim that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by April 2, 2018. Parties seeking to make dispositive motions should submit a letter to the Court in accordance with Rule 2(B) of the Court's Individual Practices by May 21, 2018. Opposition letters are due May 28, 2018. Counsel for the parties have conferred and their present best estimate of the length of trial is: 3-5 days. So Ordered. (Signed by Judge John G. Koeltl on 12/21/17) (yv)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to Complete Discovery. Application granted. The parties should submit a revised scheduling order by 12/20/17. (Signed by Judge John G. Koeltl on 12/13/2017) (mro)
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Filing 24
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Luke Nikas dated December 12, 2017. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Attachments: #1 Supplement Civil Case Management Plan And Scheduling Order)(Nikas, Luke)
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Filing 23
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...This Order is not binding on the Court or court personnel. The Court may amend this Order at any time. So Ordered. (Signed by Judge John G. Koeltl on 9/11/17) (yv)
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Filing 22
ANSWER to #20 Counterclaim. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 21
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 1/26/2018. Deposition due by 12/15/2017. Expert Discovery due by 3/30/2018. Unless otherwise ordered by the Court, within 30 days from the date for the completion of discovery, or, if a party has filed a dispositive motion, then within 30 days of a decision resolving the motion, the parties shall submit to the Court for its approval a joint pretrial order prepared in accordance with the Court's Individual Practices and Fed. R. Civ. P. 26(a)(3), together with motions in limine, requests to change, and voir dire requests. Responses and objections are due 7 days thereafter. Best estimate of the length of trial is: 3-5 days. The parties' ready Trial Date is 21 days after submission of the Joint Pre-Trial Order. So Ordered. (Signed by Judge John G. Koeltl on 7/11/2017) (ap)
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Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 7/11/2017. (Fletcher, Donnie)
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Filing 20
AMENDED ANSWER to #18 Answer to Complaint, Counterclaim, #6 Complaint with JURY DEMAND., COUNTERCLAIM against The Andy Warhol Foundation For The Visual Arts, Inc.. Document filed by Lynn Goldsmith, Ltd., Lynn Goldsmith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Werbin, Barry)
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Filing 19
ANSWER to #18 Counterclaim. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 18
ANSWER to #6 Complaint with JURY DEMAND., COUNTERCLAIM against The Andy Warhol Foundation For The Visual Arts, Inc.. Document filed by Lynn Goldsmith, Ltd., Lynn Goldsmith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Werbin, Barry)
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer ; granting #16 Letter Motion to Adjourn Conference. 1. Time to respond extended to 6/9/17. 2. Conference adjourned to 7/11/17 at 4:30 P.M. Lynn Goldsmith answer due 6/9/2017; Lynn Goldsmith, Ltd. answer due 6/9/2017(Initial Conference set for 7/11/2017 at 04:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 5/15/2017) (cf)
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Filing 16
LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl., LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl. Document filed by Lynn Goldsmith, Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 15
NOTICE OF APPEARANCE by Joel Lawrence Hecker on behalf of Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Hecker, Joel)
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Filing 14
NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, June 19, 2017, in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (ap)
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Set/Reset Hearings: Initial Conference set for 6/19/2017 at 4:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (ap)
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Filing 13
NOTICE OF APPEARANCE by Gabrielle Casal Wilson on behalf of Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Wilson, Gabrielle)
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lynn Goldsmith, Ltd..(Werbin, Barry)
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Filing 11
NOTICE OF APPEARANCE by Barry Werbin on behalf of Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Werbin, Barry)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. Lynn Goldsmith served on 4/25/2017, answer due 5/16/2017. Service was accepted by Anthony Williams, Co-Worker. Service was made by Mail. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint. Lynn Goldsmith, Ltd. served on 4/20/2017, answer due 5/11/2017. Service was accepted by Anthony Williams, Authorized Agent. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Lynn Goldsmith. (kl)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Lynn Goldsmith, Ltd. (kl)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (kl)
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Magistrate Judge Andrew J. Peck is so designated. (kl)
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Case Designated ECF. (kl)
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***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Luke William Nikas to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (kl)
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Filing 6
COMPLAINT against Lynn Goldsmith, Lynn Goldsmith, Ltd.. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nikas, Luke)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Lynn Goldsmith, re: #1 Complaint. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Lynn Goldsmith, Ltd, re: #1 Complaint. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc.. (Nikas, Luke)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke)
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Filing 2
CIVIL COVER SHEET filed. (Nikas, Luke)
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Filing 1
FILING ERROR - DUPLICATE DOCKET ENTRY COMPLAINT against Lynn Goldsmith, Lynn Goldsmith, Ltd.. (Filing Fee $ 400.00, Receipt Number 0208-13520493)Document filed by The Andy Warhol Foundation For The Visual Arts, Inc..(Nikas, Luke) Modified on 4/11/2017 (kl).
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