Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art et al.
| Morgan Art Foundation Limited |
| Jamie Thomas, American Image Art, Michael McKenzie, James W Brannan and Michael McKenzie doing business as American Image Art |
| Robert Indiana |
| Figure 5 Art LLC and Morgan Consolidated Ltd. |
| Emeline Salama-Caro, Marc Salama-Caro, Shearbrook LLC, Simon Salama-Caro and Ri Catalogue Raisonne LLC |
| 1:2018cv04438 |
| May 18, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Barbara C Moses |
| Analisa Torres |
| Copyright |
| 17 U.S.C. § 501 |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
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Filing 481
NOTICE of Filing of Exhibit B to Declaration of Bridget A. Zerner (ECF 479) re: #479 Declaration in Opposition to Motion,. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit B).(Zerner, Bridget)
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Filing 480
DECLARATION of John J.E. Markham, II in Opposition re: #465 MOTION for Sanctions .. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Zerner, Bridget)
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Filing 479
DECLARATION of Bridget A. Zerner in Opposition re: #465 MOTION for Sanctions .. Document filed by American Image Art, Michael McKenzie. (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).(Zerner, Bridget)
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Filing 478
MEMORANDUM OF LAW in Opposition re: #465 MOTION for Sanctions . . Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 477
STIPULATION AND ORDER, IT IS THEREFORE STIPULATED AND AGREED that the present expert discovery and summary judgment deadlines be modified and extended as follows: The deadline for the disclosure of affirmative experts and the exchange of affirmative expert reports is extended to April 5, 2022; The deadline for the disclosure of any rebuttal experts and the exchange of rebuttal reports is extended to April 26, 2022; The deadline to file pre-motion letters regarding summary judgment, which shall conform to the individual practices of Judge Torres, is extended to June 28, 2022. SO ORDERED. ( Deposition due by 5/17/2022., Expert Discovery due by 5/17/2022.) (Signed by Magistrate Judge Barbara C. Moses on 1/11/22) (yv) Modified on 1/11/2022 (yv).
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Filing 476
LETTER addressed to Magistrate Judge Barbara C. Moses from Bridget Zerner and Luke Nikas dated January 10, 2022 re: Gonzalez Deposition Pursuant to Order at ECF 474. Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 475
JOINT LETTER addressed to Judge Analisa Torres from John J.E. Markham, II and Luke Nikas dated 1/4/2022 re: Joint Status Letter re Order at ECF 464. Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Filing 474
The Court has received and reviewed the parties Stipulation and Proposed Order. (Dkt. No. 473.) The parties are directed to report to the Court no later than January 10, 2022, whether the Gonzalez deposition has been completed. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (ma)
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Filing 473
PROPOSED STIPULATION AND ORDER. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 472
ORDER: For the reasons stated on the record during the telephonic status conference held today, it is hereby ORDERED as follows: Defendant McKenzie shall file his papers in opposition to plaintiff MAF's motion for sanctions (Dkt. No. 465) no later than January 17, 2022. MAF shall file its reply papers no later than January 27, 2022. The hearing on the sanctions motion will take place on March 1, 2022 at 1:30 p.m. No later than February 3, 2022, the parties shall file a joint letter advising the Court as to whether either or both parties wish to present live testimony at the hearing and, if so, shall identify (i) each proposed live witness, (ii) the topic(s) on which that witness is expected to testify, and (iii) the estimated time required for examination. Exhibits B and C to the second Zerner declaration (Dkt. Nos. 461-2, 461-3) will be unsealed. The second Zerner declaration, including Exhibit A thereto (Dkt. Nos. 461, 461-1)will remain under seal but will be accessible to counsel for both plaintiff and defendant and further set forth in this Order. Set Deadlines/Hearing as to ( Responses due by 1/17/2022, Replies due by 1/27/2022., Motion Hearing set for 3/1/2022 at 01:30 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/21/2021) (rro) Transmission to Sealed Records Clerk for processing.
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 12/21/2021. (Snell, Kevin)
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Filing 471
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from John J.E. Markham, II and Luke Nikas dated 12/20/2021 re: to Address Matters Identified in Court Order (ECF 469). Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Declaration of John J.E. Markham, II Esquire, #2 Exhibit A to Markham Dec. - Excerpt of Gonzalez Testimony).(Markham, John)
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Filing 470
AFFIDAVIT OF SERVICE of Court Order (ECF 469) served on Osvaldo Gonzalez on 12/15/2021. Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 469
ORDER granting #444 Letter Motion to Compel.For the foregoing reasons, McKenzie's motion to compel (Dkt. No. 444) is GRANTED. It is hereby ORDERED that Gonzalez reappear for deposition, on or before January 7, 2022, and answer the questions put to him with regard to all "matters relevant to" his August 31 declaration and October 1 deposition testimony. OSRecovery, 262 F. Supp. 2d at 310. McKenzie shall appear for his continued deposition on or before January 14, 2022. It is further ORDERED that McKenzie serve a copy of this Order on Gonzalez by email and file proof of such service on the docket. It is further ORDERED that the Court will hold a telephonic conference on December 21, 2021, at 10 a.m. At that time, the parties are directed to call (888) 557-8511 and enter the access code 7746387#. Counsel should be prepared to discuss the following issues (which they may also address, if they wish, in a joint letter filed no later than 12:00 noon on December 20, 2021): (a)What changes should be made to the schedule for McKenzie's opposition and reply papers and for the hearing with respect to the sanctions motion. (b)Whether the second Zerner declaration and its attachments should (i) remain under electronic seal but be made available to MAF as well as to McKenzie and the Court;or (ii) be unsealed; and (c)Whether MRZ should be disqualified from representing McKenzie in this action inlight of its previous representation of Gonzalez as a witness in the Arbitration. (Signed by Magistrate Judge Barbara C. Moses on 12/15/2021) (rro)
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Set/Reset Deadlines: ( Deposition due by 1/14/2022.), Set/Reset Hearings:( Telephone Conference set for 12/21/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (rro)
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Filing 468
LETTER addressed to Magistrate Judge Barbara C. Moses from Osvaldo Gonzalez dated 12/2/21 re: This letter is in regard to a request that the firm of Markham & Read, Esqs, be recused from this matter as a conflict of interest has arisen. The Court is aware that Mr McKenzie filed an Application with the Lawyers Legal Fund to be compensated $160,000.00 which he paid to me. This basis of his request was that he was unaware of my suspension from law practice until 8/21/21(see Paragraphs 6 & 7 of his submission to the Lawyers Legal Fund) etc. Hence, it becomes apparent that Mr. McKenzie's claim that he first discovered my status on 8/21/21 is a lie created to defraud the Lawyers Legal Fund of $160,000 etc. Document filed by Osvaldo Gonzalez, a non-party. (sc) Modified on 12/13/2021 (sc).
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Filing 467
DECLARATION of Luke Nikas in Support re: #465 MOTION for Sanctions .. Document filed by Morgan Art Foundation Limited. (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).(Nikas, Luke)
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Filing 466
MEMORANDUM OF LAW in Support re: #465 MOTION for Sanctions . . Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 465
MOTION for Sanctions . Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 464
ORDER denying without prejudice to renewal #458 Letter Motion for Conference re: #458 LETTER MOTION for Conference re: #448 Stipulation and Order addressed to Judge Analisa Torres from John J.E. Markham, II dated November 24, 2021. The Court is in receipt of Defendant Michael McKenzie's request for a pre-motion conference on a motion to vacate the Stipulation and Consent Order Confirming Interim Award and Entering Injunction, ECF No. 448. ECF No. 458. Defendant's request for a pre-motion conference is DENIED. By January 3, 2022, the parties are directed to meet and confer to determine whether they will voluntarily withdraw the stipulation at issue, or otherwise resolve this issue. By January 6, 2022, the parties shall file a status letter with the Court apprising the Court on the status of their discussions. If, by that time, the parties have not been able to resolve this matter, Defendant may renew the request to file the motion to vacate. SO ORDERED. (Signed by Judge Analisa Torres on 12/8/2021) (jca)
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Filing 463
PROPOSED STIPULATION AND ORDER. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 462
AFFIDAVIT OF SERVICE of Court Order (ECF 459) and McKenzie Supplemental Papers served on Osvaldo Gonzalez on 12/1/2021. Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 461
***EX-PARTE***DECLARATION of Bridget A. Zerner in Support re: #444 MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents .. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #459 .(Zerner, Bridget)
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Filing 460
SUPPLEMENTAL BRIEF re: #444 MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents . (Pursuant to Court Order at ECF 459). Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 459
ORDER: It is hereby ORDERED that, no later than December 1, 2021, McKenzie shall submit a supplemental brief addressing (1) whether and when he filed a claim against Gonzalez with the Lawyers' Fund and/or made a complaint about Gonzalez to the Westchester County District Attorney (or any other prosecutorial agency); and (2) the impact of the claim and/or complaint on McKenzie's prior waiver of his Fifth Amendment rights with respect to the matters to which he attested in his declaration. It is further ORDERED that, along with his supplemental brief, McKenzie shall submit to this Court, properly authenticated, true, and correct copies of his claim against Gonzalez with the Lawyers' Fund and any complaint he has made about Gonzalez to the Westchester County District Attorney (or any other prosecutorial agency). These documents may be filed under electronic seal, at the "ex parte" level, pending further review by the Court. The supplemental brief must be filed in public view unless it discusses the content of the sealed documents, in which case those portions of the brief may be redacted from the copy filed in public view and the unredacted brief may be filed under electronic seal, at the "ex parte" level, pending further review by the Court. It is further ORDERED that any opposition by Gonzalez to the motion to compel is due one week (seven days) after the service of McKenzie's supplemental papers upon him. It is further ORDERED that McKenzie shall promptly serve this Order (and his supplemental papers, when filed) on Gonzalez, by email, and file proof of such service on the docket. (Signed by Magistrate Judge Barbara C. Moses on 11/24/2021) (rro)
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Filing 458
LETTER MOTION for Conference re: #448 Stipulation and Order,,,, addressed to Judge Analisa Torres from John J.E. Markham, II dated November 24, 2021. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 First Circuit Opinion in McKenzie v. Brannan, Case No. 20-2170).(Markham, John)
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Filing 457
LETTER addressed to Magistrate Judge Barbara C. Moses from Osvaldo Gonzalez, dated 11/18/21 re: This letter is in regard to the Court's Order dated 11/12/21 in which you provided me an extension to answer until 11/19/21 etc. I have not heard back from John Markham, Esq., the Attorney for Michael McKenzie, with respect to fashioning an agreement. However, today, 11/17/21, I received by mail a Complaint made by Mr. McKenzie to the Lawyers Legal Fund in which he indicated that he will be pursuing criminal charges against me etc. I therefore wish to request an extension of time to sort out my position with respect to these new circumstances. (sc)
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Filing 456
NOTICE of re: #444 MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents .. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Ex A - Correspondence with Osvaldo Gonzalez).(Zerner, Bridget)
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Filing 455
STIPULATION AND ORDER: IT IS STIPULATED AND AGREED, subject to the Court's approval, that the present fact discovery deadline and briefing schedule be modified as follows: 1. The deposition of Osvaldo Gonzalez and then the deposition of Michael McKenzie will be scheduled to be taken by December 6, 2021; 2. Plaintiff shall file its sanctions motion, and any supporting papers, no later than December 10, 2021; 3. Defendant shall file his opposition papers no later than December 31, 2021; 4. Plaintiff shall file its reply papers no later than January 14, 2022; 5. The motion hearing presently scheduled for January 4, 2022 will be rescheduled to January 19, 2022, at 2 p.m. SO ORDERED. ( Deposition due by 12/6/2021, Motions due by 12/10/2021., Responses due by 12/31/2021, Replies due by 1/14/2022.), ( Evidentiary Hearing set for 1/19/2022 at 02:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/16/2021) (ate)
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Filing 454
PROPOSED STIPULATION AND ORDER. Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 453
AFFIDAVIT OF SERVICE of Court Order (ECF 452) served on Osvaldo Gonzalez on 11/13/2021. Service was made by EMAIL. Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 452
ORDER : No answering papers have been received from Gonzalez. It is hereby ORDERED, sua sponte, that Gonzalez's time to file his answering papers is EXTENDED to November 19, 2021. Thereafter, the motion to compel will be considered unopposed. It is further ORDERED that McKenzie shall promptly serve a copy of this Order on Gonzalez by email, using the email address that Gonzalez provided to McKenzie's counsel, and file proof of such service on the docket. ( Responses due by 11/19/2021) (Signed by Magistrate Judge Barbara C. Moses on 11/12/2021) (ate)
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Filing 451
NOTICE of Service of Motion Papers and Court Order on Non-Party Osvaldo Gonzalez re: #444 MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents ., #437 Order on Motion for Local Rule 37.2 Conference,,,. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Proof of Service on Gonzalez).(Zerner, Bridget)
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Filing 450
STIPULATION AND ORDER: IT IS STIPULATED AND AGREED that the deadline for fact discovery shall be extended until November 19, 2021. ( Fact Discovery due by 11/19/2021.) (Signed by Magistrate Judge Barbara C. Moses on 10/27/2021) (rro)
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Filing 449
PROPOSED STIPULATION AND ORDER. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 448
STIPULATION AND CONSENT ORDER CONFIRMING INTERIM AWARD AND ENTERING INJUNCTION: NOW THEREFORE, it is hereby ORDERED that the Estate's request to confirm the Interim Arbitration Award attached hereto as Exhibit 1 is GRANTED as to paragraphs 1 and 2 of the Interim Arbitration Award, set forth below, and such paragraphs shall have the effect of an order of this Court until such time as the AAA Panel enters an award to the contrary: 1.McKenzie and American Image Art shall not move, transfer, or relocate any work of art that is (a) attributed to Robert Indiana and (b) in the possession, custody, or control of McKenzie or American Image Art (the "Indiana Artwork"), until further order or award of [the AAA] Panel to the contrary; [and] 2.McKenzie and American Image Art shall not sell, gift, transfer, or in any way alienate title to or ownership of any Indiana Artwork until further order or award of this Panel to the contrary[.] ECF No. 427-1. The Clerk's Office shall TERMINATE the Motion to Confirm (ECF No. 426). SO ORDERED. (Signed by Judge Analisa Torres on 10/18/2021) (kv)
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Filing 447
LETTER addressed to Judge Analisa Torres from Emily Seiderman West dated October 15, 2021 re: Motion to Confirm Interim Award. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Stipulation and Proposed Order, #2 Exhibit 1 - Interim Arbitration Award).(West, Emily)
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Filing 446
DECLARATION of Bridget A. Zerner in Support re: #444 MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents .. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A - Gonzalez Deposition Transcript, #2 Exhibit B - Gonzalez Declaration, #3 Exhibit C - Gonzalez Witness Statement, #4 Exhibit D - Emails of Counsel).(Zerner, Bridget)
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Filing 445
MEMORANDUM OF LAW in Support re: #444 MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents . . Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 444
MOTION to Compel Osvaldo Gonzalez to Testify and Produce Documents . Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 443
BRIEF re: #439 Memorandum of Law in Opposition, (in Response to Estate Objection to Report and Recommendations). Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Ex A, #2 Ex B).(Zerner, Bridget)
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Filing 442
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Scheduling Conference proceeding held on 10/07/2021 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..(ama)
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Filing 441
TRANSCRIPT of Proceedings re: Scheduling Conference held on 10/7/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022..(ama)
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Filing 440
DECLARATION of Emily Seiderman West in Support re: #439 Memorandum of Law in Opposition,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit 1 - AAA Panels Procedural Ruling).(West, Emily)
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Filing 439
MEMORANDUM OF LAW in Opposition re: #432 Report and Recommendations,,, . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(West, Emily)
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Filing 438
LETTER addressed to Magistrate Judge Barbara C. Moses from Emily Seiderman West dated October 11, 2021 re: Withdrawal of Request for Reconsideration. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(West, Emily)
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Filing 437
ORDER RE MOTION TO COMPEL GONZALEZ TESTIMONY granting #436 Letter Motion for Local Rule 37.2 Conference. Defendant Michael McKenzie's letter-application filed October 7, 2021 (Dkt. No. 436) is GRANTED to the extent that McKenzie may file a motion to overrule nonparty witness Osvaldo Gonzalez's invocation of his Fifth Amendment rights and compel him to answer questions at deposition. McKenzie's motion papers shall be served upon the Gonzalez, along with a copy of this Order, and proof of such service shall be filed on the docket. In accordance with Local Civ. R.6.1(a), answering papers shall be served and filed within seven days after service of the moving papers, and reply papers shall be served within two days after service of the answering papers. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 10/7/2021) (kv)
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Filing 436
LETTER MOTION for Local Rule 37.2 Conference Regarding Compelling Testimony of Non-Party Witness Osvaldo Gonzalez addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated 10/7/2021. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A - Gonzalez Deposition Transcript, #2 Exhibit B - Gonzalez Deposition Exhibits).(Zerner, Bridget)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 10/7/2021. (Snell, Kevin)
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Filing 435
ORDER SCHEDULING CONFERENCE: The Court has received the Estate's letter dated October 5, 2021 (Dkt. No. 433) requesting reconsideration of the Court's Report and Recommendation (Dkt. No. 432). The Court will conduct a telephonic conference regarding the Estate's request on October 7, 2021, at 3:00 p.m. At that time, the parties are directed to call (888) 557-8511 and enter the access code 7746387#. (Telephone Conference set for 10/7/2021 at 03:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/6/2021) (rro)
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Filing 434
LETTER addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated 10/6/2021 re: Letter of Estate (ECF 433). Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Ex 1 - Transcript of Deposition of Osvaldo Gonzalez).(Zerner, Bridget)
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Filing 433
LETTER addressed to Magistrate Judge Barbara C. Moses from Emily Seiderman West dated October 5, 2021 re: Request that the Court Reconsider its Report and Recommendation and Recommend to Judge Torres that the Motion be Granted. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(West, Emily)
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Filing 432
REPORT AND RECOMMENDATION TO THE HON. ANALISA TORRES and ORDER: For the reasons outlined above I RECOMMEND, respectfully, that the Estate's motion to confirm the Award be DENIED without prejudice to renewal once the Panel has determined whether to keep the prohibitory injunction (or some modified version thereof) in place pending the outcome of the arbitration. Additionally, it is hereby ORDERED that: 1. The Estate shall notify this Court promptly upon any decision of the Panel extending, modifying or terminating the injunctive provisions of the Award and advise the Court whether it wishes to renew its confirmation motion at that time; and 2. The show-cause hearing now scheduled for October 7, 2021, is ADJOURNED sine die. (Objections to R&R due by 10/18/2021.) (Signed by Magistrate Judge Barbara C. Moses on 10/4/2021) (rro)
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Filing 431
RESPONSE TO ORDER TO SHOW CAUSE re: #430 Order to Show Cause, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,,,,,. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A, #2 Exhibit B).(Markham, John)
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Filing 430
ORDER TO SHOW CAUSE FOR ORDER CONFIRMING INTERIM AWARD WITH INJUNCTION: Upon the Declaration of Emily Seiderman West, declared on September 21, 2021, and upon the Memorandum of Law dated September 21, 2021 submitted in support, it is ORDERED, that the above named defendants Michael McKenzie and American Image Art (together, "AIA") show cause before this Court, at Room 20A United States Courthouse, 500 Pearl Street, New York, New York 10007, on the 7th day of October at 9:30 o'clock in the morning thereof, or as soon as counsel may be heard, why an order should not be issued pursuant to the Federal Arbitration Act, 9 U.S.C. 9 confirming the September 14, 2021 Interim Award with Injunction entered by the American Arbitration Association in the proceeding captioned Brannan v. McKenzie et al., AAA Case No. 01-19-0001-9789. (Show Cause Hearing set for 10/7/2021 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.), ( Show Cause Hearing set for 10/7/2021 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses., Replies due by 10/5/2021., Show Cause Response due by 9/30/2021.), Motions terminated: #426 MOTION for Order to Show Cause for Order Confirming Interim Award with Injunction. filed by James W Brannan. (Signed by Magistrate Judge Barbara C. Moses on 9/24/2021) (rro)
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Filing 429
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). ECF Nos. 213 and 258 in 18cv4438 (ECF No. 86 in related case 18cv8231). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Analisa Torres on 9/23/21) (yv)
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Filing 428
MEMORANDUM OF LAW in Support re: #426 MOTION for Order to Show Cause for Order Confirming Interim Award with Injunction. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(West, Emily)
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Filing 427
DECLARATION of Emily Seiderman West in Support re: #426 MOTION for Order to Show Cause for Order Confirming Interim Award with Injunction.. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit 1 - Interim Arbitration Award, #2 Exhibit 2 - Estate's September 10, 2021 Letter, #3 Exhibit 3 - September 13, 2021 Letter Filed by Michael McKenzie and AIA, #4 Exhibit 4 - Ex. A to AIA's September 13, 2021 Letter, #5 Exhibit 5 - Ex. B to AIA's September 13, 2021 Letter, #6 Exhibit 6 - Ex. C to AIA's September 13, 2021 Letter, #7 Exhibit 7 - Ex. D to AIA's September 13, 2021 Letter, #8 Exhibit 8 - Ex. E to AIA's September 13, 2021 Letter, #9 Exhibit 9 - Ex. F to AIA's September 13, 2021 Letter, #10 Exhibit 10 - Estate's September 13, 2021 Letter to the AAA Panel concerning its September 10, 2021 Letter Application, #11 Exhibit 11 - Estate's Amended Demand for Arbitration and Statement of Claim, #12 Exhibit 12 - Declaration of Osvaldo Gonzalez, dated August 31, 2021).(West, Emily)
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Filing 426
MOTION for Order to Show Cause for Order Confirming Interim Award with Injunction. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(West, Emily)
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Filing 425
NOTICE OF APPEARANCE by Emily Seiderman West on behalf of James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(West, Emily)
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Filing 424
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a SCHEDULING ORDER proceeding held on 9/13/2021 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....(rro)
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Filing 423
TRANSCRIPT of Proceedings re: SCHEDULING ORDER held on 9/13/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/6/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/14/2021..(rro)
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Filing 422
ORDER: The deadline to complete fact discovery is EXTENDED to November 12, 2021. Plaintiff shall file its sanctions motion, and any supporting papers, no later than November 16, 2021. Defendant shall file his opposition papers no later than December 7, 2021. Plaintiff shall file its reply papers no later than December 22, 2021. The Court will conduct an evidentiary hearing with regard to the sanctions motion on January 4, 2022, at 9:30 a.m. in Courtroom 20A of the Daniel Patrick Moynihan Courthouse. The deadline to complete expert discovery, including expert depositions, is EXTENDED to March 22, 2022. (As further set forth in this Order.) Motions due by 11/16/2021. Responses due by 12/7/2021 Replies due by 12/22/2021. Fact Discovery due by 11/12/2021. Expert Discovery due by 3/22/2022. (Signed by Magistrate Judge Barbara C. Moses on 9/13/2021) (cf)
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Set/Reset Hearings: Evidentiary Hearing set for 1/4/2022 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (cf)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Scheduling and Status Conference held on 9/13/2021. (Snell, Kevin)
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Filing 421
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas, Bridget Zerner, and John Markham dated September 10, 2021 re: Sanctions Motion. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1).(Nikas, Luke)
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Filing 420
ORDER SCHEDULING CONFERENCE: The Court will conduct a pre-motion conference on September 13, 2021, at 11:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courtroom, 500 Pearl Street, New York, NY 10007. ( Pre-Motion Conference set for 9/13/2021 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 8/31/2021) (ate)
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Filing 419
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated Augsut 30,2021 re: Reply to Markham Letter re: Conference. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 418
LETTER addressed to Magistrate Judge Barbara C. Moses from John J.E. Markham, II dated 8/30/2021 re: in Reply to Morgan's Letter at ECF 417. Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Filing 417
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated 08/30/2021 re: McKenzie's misconduct. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 416
LETTER addressed to Magistrate Judge Barbara C. Moses from John J.E. Markham, II dated 8/30/2021 re: Advising Incomplete Production at Most Recent Inspection. Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Filing 415
The Court has already ruled on the redaction issue raised by MAF in its letter dated July 23, 2021 (Dkt. No. 410). The Court will not accept any further letter-briefs as to that issue. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (sb)
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Filing 413
LETTER addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated July 24, 2021 re: Response to MAF Letter of 7/23/2021 at Dkt. No. 412. Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Filing 414
MEMO ENDORSEMENT: on re: #410 Letter filed by Morgan Art Foundation Limited. ENDORSEMENT: The Court was under the impression that PDF pages 53-55, which are undated, were attached to (and therefore prepared on or before the date of) the August 6, 2003 letter at PDF page 52. Based on MAF's express representation that the contested pages were "drafted for the sole purpose of attaching this information to the Term Sheet," they may be redacted. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/23/2021) (ate)
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Filing 412
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated July 23, 2021 re: Response to Michael McKenzie d/b/a American Image Arts letter dated July 23, 2021 (Dkt. 411). Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 411
LETTER addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated 7/23/2021 re: Dkt. No. 410 - MAF Letter re Redactions. Document filed by American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 410
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated July 23, 2021 re: Redactions. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 409
ORDER terminating #401 Letter Motion to Compel. Having carefully reviewed the materials submitted in light of the principles articulated in Morgan Art Found. Ltd. v. McKenzie, 2020 WL 3578251, at *1 (S.D.N.Y. July 1, 2020), the Court has determined that portions of the Agreement can and should be disclosed to McKenzie, subject to the parties' Stipulated Confidentiality Agreement and Protective Order (Protective Order) (Dkt. No. 141), because they are arguably relevant to the potential bias, interest, or prejudice of individuals who may be witnesses in this action. (As further set forth in this Order.) MAF may designate the redacted Agreement "confidential" pursuant to the Protective Order. Additionally, the Court reminds the parties that the production of the redacted Agreement in discovery does not necessarily render it admissible at trial (or otherwise) in this action. This Order resolves the letter-motion at Dkt. No. 401..(Signed by Magistrate Judge Barbara C. Moses on 7/22/2021) (cf)
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Filing 408
STIPULATION AND ORDER: Plaintiff Morgan Art Foundation Limited ("MAF") and Defendant Michael McKenzie d/b/a/ American Image Art ("McKenzie") hereby enter into the following stipulation, which shall govern the inspection of documents and other things in connection with discovery in the above-caption matter. McKenzie makes this agreement without conceding to the allegations made by MAF about discovery conduct found in the Joint Discovery Letter, dated June 25, 2021 (ECF No. 393). MAF makes this agreement without waiving any rights to seek sanction against McKenzie and/or his prior attorneys for the conduct alleged in the Joint Discovery Letter, including all attorney's fees and costs incurred as a result of the alleged misconduct. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/21/2021) (ama)
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Filing 407
PROPOSED STIPULATION AND ORDER. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 406
The Court has been informed that the parties resolved the dispute outlined in the letter-motion at Dkt. No. 403, in which they jointly request a discovery conference. The parties shall either withdraw their request or file a joint stipulation resolving the dispute no later than 5 p.m. on July 20, 2021. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (sb)
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Filing 405
ORDER: It is hereby ORDERED that MAF shall submit for in camera review a complete copy of the referenced settlement agreement, together with all attachments and exhibits thereto, as well as any related agreements concerning (a) the advancement, reimbursement, or forgiveness of any legal fees or settlement payments incurred by Thomas or the Estate in this or any other legal action (including, without limitation, legal fees incurred in connection with post-settlement discovery or testimonial obligations); or (b) any obligation by Thomas or the Estate to cooperate with MAF in this or any other legal action. (As further set forth in this Order.) The document(s) shall be promptly emailed to the Court at Moses_NYSDChambers@nysd.uscourts.gov. (Signed by Magistrate Judge Barbara C. Moses on 7/16/2021) (cf)
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Filing 404
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated July 16, 2021 re: Response to Defendant Michael McKenzies Letter Motion. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Filing 403
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated July 13, 2021 re: Inspection of McKenzie's Studio. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Nikas, Luke)
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Filing 402
ORDER: granting #400 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/12/2021) (ama)
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Filing 401
LETTER MOTION to Compel Morgan Art Foundation Limited to Produce Settlement Agreement addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated 7/12/2021. Document filed by Michael McKenzie..(Zerner, Bridget)
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Filing 400
JOINT LETTER MOTION for Extension of Time to File Submission re Inspection Until July 13, 2021 addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated 7/12/2021. Document filed by Michael McKenzie..(Zerner, Bridget)
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Filing 399
ORDER granting #398 Letter Motion for Extension of Time to File. Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 7/8/2021) (cf)
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Filing 398
JOINT LETTER MOTION for Extension of Time to File Submissions re Inspection and Settlement Agreements Until Monday, July 12, 2021 addressed to Magistrate Judge Barbara C. Moses from Bridget A. Zerner dated 7/7/2021. Document filed by Michael McKenzie..(Zerner, Bridget)
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Filing 397
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 6/29/2021 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....(rj)
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Filing 396
TRANSCRIPT of Proceedings re: Status Conference held on 6/29/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021..(rj)
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Set/Reset Deadlines: Deposition due by 10/1/2021. (cf)
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Filing 395
ORDER: The deadline to complete all fact discovery, including the remaining fact depositions, is October 1, 2021. The deadline to complete expert discovery, including expert depositions, is December 1, 2021. Plaintiff's request that the Court "appoint a special master at McKenzie's expense to personally oversee McKenzie's document collection," pursuant to Fed. R. Civ. P.53(a)(1)(C), (Dkt. No. 393 at 1) is DENIED. Should plaintiff wish to reopen McKenzie's deposition after the inspection and any subsequent document production from McKenzie have been completed, the parties shall meet and confer in good faith to discuss the length and scope of the deposition. If they cannot agree, plaintiff may file a letter-motion to reopen McKenzie's deposition no later than August 2, 2021. (As further set forth in this Order.) Unless otherwise ordered, all future conferences, hearings, and other court proceedings will take place in Courtroom 20A of the Daniel Patrick Moynihan Courthouse. ( Expert Discovery due by 12/1/2021., Fact Discovery due by 10/1/2021., Motions due by 8/2/2021.) (Signed by Magistrate Judge Barbara C. Moses on 6/29/2021) (cf)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status/Scheduling Conference held on 6/29/2021. (Snell, Kevin)
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Filing 394
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated June 28, 2021 re: Supplement to Joint Scheduling Letter [ECF Dkt. 393]. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit A, #2 Exhibit B).(Nikas, Luke)
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Filing 393
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated June 25, 2021 re: Joint Scheduling Letter. Document filed by Morgan Art Foundation Limited. (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).(Nikas, Luke)
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Filing 392
ORDER: The Court will conduct a status and scheduling conference on June 29, 2021, at 11:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. This is an in-person conference. Counsel are advised to consult the Chief Judge's current entry protocols, available at https://nysd.uscourts.gov/covid-19-coronavirus, in advance of the conference. (As further set forth in this Order.) ( Scheduling Conference set for 6/29/2021 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses., Status Conference set for 6/29/2021 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/16/2021) (cf)
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Filing 391
STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 4l(a)(l )(A)(ii), Plaintiffs Morgan Art Foundation Limited, Simon Salama-Caro, Shearbrook (US), LLC, Figure 5 Art LLC, and RI Catalogue Raisonne LLC, and Defendants Jamie Thomas and James W. Brannan as Personal Representative of the Estate of Robert Indiana stipulate as follows: 1. The action captioned Morgan Art Foundation Limited et al. v. Brannan, No. 18 cv- 08231 (the "Estate Action") shall be dismissed in its entirety, with prejudice. 2. All claims brought by Plaintiff Morgan Art Foundation Limited against Defendants Jamie Thomas, individually and in all other capacities, and James W. Brannan as Personal Representative of the Estate of Robert Indiana in the action captioned Morgan Art Foundation Limited v. McKenzie et al., No. 18-cv-04438 shall be dismissed, with prejudice. 3. All claims brought by Counterclaim-Plaintiff James W. Brannan as Personal Representative of the Estate of Robert Indiana against Counterclaim-Defendants Morgan Art Foundation Limited, Simon Salama-Caro, Shearbrook (US), LLC, Figure 5 Art LLC, and RI Catalogue Raisonne LLC in the action captioned Morgan Art Foundation Limited v. McKenzie et al., No. 18-cv-04438 shall be dismissed, with prejudice. 4. The parties agree to bear their own costs in connection with the claims dismissed under this stipulation. 5. For the avoidance of doubt, this stipulation of dismissal does not dismiss any claims between Morgan Art Foundation Limited and Michael McKenzie d/b/a American Image Art in Morgan Art Foundation Limited v. McKenzie et al., No. 18-cv-04438. No claims asserted by Morgan Art Foundation Limited against Michael McKenzie d/b/a American Image Art, and no claims asserted by Michael McKenzie d/b/a American Image Art shall be affected by this stipulation of dismissal. SO ORDERED. James W Brannan (Personal Representative of the Estate of Robert Indiana), Jamie Thomas, James W Brannan (Personal Representative of the Estate of Robert Indiana) and James W Brannan (As Personal Representative of the Estate of Robert Indiana) terminated. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
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Filing 390
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) James W Brannan(As Personal Representative of the Estate of Robert Indiana), Jamie Thomas pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Morgan Art Foundation Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Nikas, Luke)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nikas, Luke to RE-FILE Document #389 Proposed Stipulation and Order. Use the event type Stipulation of Volutary Dismissal found under the event list Other Documents. (dt)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #390 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Analisa Torres for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. The case is stayed. (km)
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Filing 389
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED STIPULATION AND ORDER. Document filed by Morgan Art Foundation Limited..(Nikas, Luke) Modified on 6/14/2021 (dt).
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Filing 388
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - 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) James W Brannan(Personal Representative of the Estate of Robert Indiana), Jamie Thomas pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Morgan Art Foundation Limited. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Nikas, Luke) Modified on 6/11/2021 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Luke Nikas. RE-FILE Document No. #388 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
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Filing 387
ORDER: It is hereby ORDERED that in accordance with Plaintiffs' March 9, 2021 letter, the above-captioned action shall be STAYED through and including May 17, 2021. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/15/2021) (cf)
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Filing 386
PROPOSED STIPULATION AND ORDER. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Text of Proposed Order).(Beeber, Jessie)
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Filing 385
MEMO ENDORSEMENT on re: (168 in 1:18-cv-08231-AT-BCM) Letter, filed by Simon Salama-Caro, RI Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook (US), LLC, (384 in 1:18-cv-04438-AT-BCM) Letter, filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC. ENDORSEMENT: To the extent that all parties in both cases consent to the requested stay, the parties are directed to submit a fully-executed stipulation and proposed order. (Signed by Magistrate Judge Barbara C. Moses on 3/9/2021) (cf)
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Filing 384
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated March 8, 2021 re: Status Letter. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 383
MEMO ENDORSEMENT on re: (166 in 1:18-cv-08231-AT-BCM) Letter, filed by Simon Salama-Caro, RI Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook (US), LLC, (382 in 1:18-cv-04438-AT-BCM) Letter, filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC. ENDORSEMENT: Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 3/4/2021) (cf)
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Filing 382
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated March 3, 2021 re: Status Letter. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 381
ORDER: granting #380 Letter Motion to Stay. Application Granted. Discovery in both actions shall be STAYED through and including March 4, 2021. The parties shall promptly inform the Court when an agreement has been executed and shall, at that time, propose a schedule for concluding any remaining discovery not rendered moot by the agreement. If there is no executed agreement by March 3, 2021, the parties shall submit a status letter on that date. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/19/2021) (ama)
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Filing 380
LETTER MOTION to Stay re Request for Two Week Stay addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 19, 2021. Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Continued Settlement Conference held on 2/17/2021. (Snell, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Continued Settlement Conference held on 2/12/2021. (Snell, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Continued Settlement Conference held on 2/10/2021. (Snell, Kevin)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 2/4/2021. (Snell, Kevin)
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Filing 379
INTERNET CITATION NOTE: Material from decision with Internet citation re: #311 Order, Set Deadlines, Add and Terminate Attorneys. (sjo)
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Filing 378
INTERNET CITATION NOTE: Material from decision with Internet citation re: #311 Order, Set Deadlines, Add and Terminate Attorneys. (sjo)
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Filing 377
INTERNET CITATION NOTE: Material from decision with Internet citation re: #311 Order, Set Deadlines, Add and Terminate Attorneys. (sjo)
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Filing 376
MEMORANDUM AND ORDER: denying #258 Letter Motion for Leave to File Document. For the reasons set forth above, McKenzie's letter-motion (Dkt. No. 258) is DENIED. (Signed by Magistrate Judge Barbara C. Moses on 1/22/2021) (ama) (Main Document 376 replaced on 1/25/2021) (cf).
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Filing 375
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on February 4, 2021, at 2:00 p.m. For the duration of the COVID-19 public health emergency, and unless otherwise ordered by the Court, all attendees must participate in the settlement conference remotely, using the Court's videoconferencing technology (Microsoft Teams) or (with the prior approval of the Court) such alternative videoconferencing technology as the parties agree upon and arrange. If the Court's technology is used, the Court will provide the link and further instructions closer to the date of the conference. (As further set forth in this Order.) ( Settlement Conference set for 2/4/2021 at 02:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/21/2021) (cf)
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Filing 374
ORDER: For the reasons stated on the record during today's telephonic conference, discovery in both actions shall remain STAYED through and including February 4, 2021. The parties are directed, however, to schedule all remaining fact depositions to commence the week of February 15, 2021 and to be completed no later than March 5, 2021. Fact depositions are limited to those that were noticed, scheduled, or commenced before the Court issued its Order dated November 6, 2020 (Dkt. No. 369). Similarly, no new written discovery requests are to be served. ( Deposition due by 3/5/2021.) (Signed by Magistrate Judge Barbara C. Moses on 1/21/2021) (cf)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 1/21/2021. (Snell, Kevin)
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Filing 373
LETTER addressed to Magistrate Judge Barbara C. Moses from John J.E. Markham, II dated January 20, 2021 re: Proposed Mediation (in Letter at ECF 372) as it Relates to the Discovery Schedule. Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Filing 372
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 19, 2021 re: Status Report. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 371
ORDER: For the reasons stated on the record during today's telephonic conference, all discovery in both actions shall remain STAYED through and including January 21, 2021. The Court will conduct a further status conference on January 21, 2021, at 11:00 a.m. At that time, the parties are directed to dial (888) 557-8511 and enter the access code 7746387. No later than January 19, 2021, the parties shall file a joint letter, informing the Court as to the status of settlement negotiations., (Telephone Conference set for 1/21/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/7/2021) (nb)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 1/7/2021. (Snell, Kevin)
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Filing 370
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 5, 2021 re: Discovery status and proposed schedule for completing discovery. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 369
ORDER withdrawing #344 Motion to Dismiss; withdrawing #348 Motion to Seal; withdrawing #361 Motion to Seal; granting #367 Motion to Stay: The joint request is GRANTED to the extent set forth below. 1. All discovery in both actions shall be STAYED through and including January 6,2021. 2. The Morgan Art Parties' motion to dismiss the Estate's counterclaims as moot (Dkt. No. 344 in Case No. 18-CV-4438; Dkt. No. 134 in Case No. 18-CV-8231) is WITHDRAWN, at the Morgan Art Parties' request, without prejudice to renewal if the anticipated settlement is not completed. The related sealing motions (Dkt. Nos. 348 and 361 in Case No. 18-CV-4438; Dkt. Nos. 138 and 151 in Case No. 18-CV-8231) are similarly deemed WITHDRAWN, without prejudice to renewal if the motion to dismiss is renewed. 3. The Court will conduct a telephonic status conference on January 7, 2021, at 10:00 a.m. At that time, the parties shall call (888) 557-8511 and enter the access code 7746387. Prior to the conference, and no later than January 5, 2021, the remaining parties shall submit a joint letter advising the Court as to what discovery remains to be completed and proposing a schedule for completing it. The Clerk of Court is respectfully directed to close the letter-motions at Dkt. Nos. 344, 348, 361, and 367 in Case No. 18-CV-4438, and Dkt. Nos. 134, 138, 151, and 157 in Case No. 18-CV-8231. (Signed by Magistrate Judge Barbara C. Moses on 11/6/2020) (jwh)
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Filing 368
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from John J.E. Markham, II dated November 6, 2020 re: #367 JOINT LETTER MOTION to Stay Discovery, Pending Motions, and all other Proceedings in the Actions addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated November 5, 2020. . Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Terminate Transcript Deadlines (jwh)
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Set/Reset Hearings: Telephone Conference set for 1/7/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses. (jwh)
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Filing 367
JOINT LETTER MOTION to Stay Discovery, Pending Motions, and all other Proceedings in the Actions addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated November 5, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 366
***SELECTED PARTIES*** RESPONSE re: #361 LETTER MOTION to Seal the Opposition Papers to Morgan Parties Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 26, 2020. . Document filed by Simon Salama-Caro, Shearbrook LLC, Ri Catalogue Raisonne LLC, Morgan Art Foundation Limited, Figure 5 Art LLC, James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A - Estate Opposition Brief, #2 Exhibit B - Grossglauser Deposition Transcript)Motion or Order to File Under Seal: #361 .(Nikas, Luke)
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Filing 365
RESPONSE re: #361 LETTER MOTION to Seal the Opposition Papers to Morgan Parties Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 26, 2020. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit A - Estate Opposition Brief, #2 Exhibit B - Grossglauser Deposition Transcript).(Nikas, Luke)
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Filing 364
ORDER granting #363 LETTER MOTION for Extension of Time to File Response/Reply re Reply in support of Motion to Dismiss. GRANTED. By November 9, 2020, Plaintiffs shall file their reply. SO ORDERED. Replies due by 11/9/2020. (Signed by Judge Analisa Torres on 10/29/2020) (jca)
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Filing 363
LETTER MOTION for Extension of Time to File Response/Reply re Reply in support of Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated October 28, 2020. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Shah, Maaren)
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Filing 362
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #344 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot. . Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana), James W Brannan(Personal Representative of the Estate of Robert Indiana), Figure 5 Art LLC, Robert Indiana, Michael McKenzie, Morgan Art Foundation Limited, Morgan Consolidated Ltd., Ri Catalogue Raisonne LLC, Emeline Salama-Caro, Marc Salama-Caro, Simon Salama-Caro, Shearbrook LLC, Jamie Thomas. (Attachments: #1 Declaration of John C. Vazquez, #2 Exhibit 1)Motion or Order to File Under Seal: #361 .(Boyle, Edward)
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Filing 361
LETTER MOTION to Seal the Opposition Papers to Morgan Parties Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 26, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 360
MEMORANDUM AND ORDER denying #351 Letter Motion to Stay. Consequently, plaintiffs' motion for a stay of discovery is DENIED. To the extent the parties have not yet done so, they must promptly arrange and conduct the depositions of Paul Salama-Caro, Simon Salama-Caro, Jamie Thomas, and Melissa Hamilton, as well as the continuation of the depositions of Philippe Grossglauser and Marc Salama-Caro. Pursuant to the Sept. 25 Order, those depositions should all have been scheduled for dates between October 12 and October 31. In the event that did not occur, the parties may have one additional week, through and including November 6, 2020, to complete the fact depositions. The Clerk of Court is respectfully directed to close the letter-motions at Dkt. No. 351 in Case No. 18-CV-4438; Dkt. No. 141 in Case No. 18-CV-8231. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 10/18/2020) (cf)
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Set/Reset Deadlines: Deposition due by 11/6/2020. (cf)
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Filing 359
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated October 15, 2020 re: #351 LETTER MOTION to Stay Discovery Pending Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 358
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated October 15, 2020 re: #348 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 357
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 13, 2020 re: #351 LETTER MOTION to Stay Discovery Pending Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 356
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 13, 2020 re: #348 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 355
OPINION AND ORDER: re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC. The Court having found that plaintiffs failed to carry their burden as to two threshold elements needed before spoliation sanctions can be assessed, it need not address the hotly-disputed question of whether plaintiffs adequately demonstrated that it was Thomas (as opposed to any of Indiana's other employees, assistants, or caregivers) who was responsible for any deletion of Indiana's emails after Thomas's duty to preserve such evidence arose. Nor is there any reason for the Court to reach the questions of prejudice or for subsection (e)(2) purposes intent to deprive. Plaintiffs' motion is DENIED. Although the Court left open the possibility of reallocating the costs associated with the FTI Report, see March 6 Order Paragraph 6, and the Estate requests that plaintiffs now be required to pay the full costs of that report, see Estate Mem. at 23, the Court in its discretion declines to shift those costs. The FTI Report benefitted all parties. Moreover, Rule 37(e) (unlike, for example, Rule 37(a)) does not include any presumption as to fee- or cost-shifting in the event the motion is denied. To the extent the Estate suggests that the sanctions motion was brought in bad faith or for dilatory purposes, see Estate Mem. at 23, the Court does not so find. The Clerk of Court is respectfully directed to close Dkt No. 213 in Case No. 18-CV-4438 and Dkt. No. 86 in Case No. 18-CV-8231. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/30/2020) (ama)
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Filing 354
ORDER granting #352 Letter Motion for Extension of Time. The Estate's letter-motion requesting (on behalf of all parties) a short stay of discovery is GRANTED, and the Court adopts the parties' proposed schedule, as follows: 1. All discovery, including depositions, shall be STAYED to and including October 9, 2020; The Estate shall respond to plaintiffs' September 21, 2020 letter-motion to stay no later than October 13, 2020; The Estate shall respond to plaintiffs' motion to dismiss no later than October 26, 2020; and All remaining discovery and pretrial deadlines shall be extended by 20 days. The Clerk of Court is respectfully directed to close the letter-motions at Dkt. No. 352 in Case. No. 18-CV-4438 and Dkt No. 142 in Case No. 18-CV-8231. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 9/25/2020) (cf)
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Set/Reset Deadlines: Responses due by 10/26/2020 (cf)
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Filing 353
LETTER RESPONSE to Motion addressed to Judge Analisa Torres from Luke Nikas dated September 24, 2020 re: #352 LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Edward P. Boyle dated September 23, 2020. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit A - Petition for Supervised Administration, #2 Exhibit B - Emergency Motion for Expedited Review).(Nikas, Luke)
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Filing 352
LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Edward P. Boyle dated September 23, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 351
LETTER MOTION to Stay Discovery Pending Motion to Dismiss addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 350
***SELECTED PARTIES***DECLARATION of Luke Nikas in Support re: #344 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot.. Document filed by Ri Catalogue Raisonne LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC, James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit 2 - Transcript Excerpts, #2 Exhibit 3, Part 1 - Agreement, #3 Exhibit 3, Part 2 - Schedules and Attachments to Agreement)Motion or Order to File Under Seal: #348 .(Nikas, Luke)
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Filing 349
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #344 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot. . Document filed by Ri Catalogue Raisonne LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC, James W Brannan(Personal Representative of the Estate of Robert Indiana). Motion or Order to File Under Seal: #348 .(Nikas, Luke)
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Filing 348
LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 347
DECLARATION of Luke Nikas in Support re: #344 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot.. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1 - Will, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Maine Fee Petition, #5 Exhibit 5 - Press Herald Article).(Nikas, Luke)
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Filing 346
MEMORANDUM OF LAW in Support re: #344 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot. (REDACTED). Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 345
DECLARATION of Lawrence J. Sterrs in Support re: #344 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot.. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 344
MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 343
MEMO ENDORSEMENT on re: #342 Letter, filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to amend the caption in this action to add the alias "d/b/a American Image Art" to the party Michael McKenzie and to terminate American Image Art as a separate party. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/27/2020) (va)
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Filing 342
LETTER addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated August 26, 2020 re: Recaptioning the action to identify McKenzie and American Image Art as a single party. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Shah, Maaren)
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Filing 341
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/20/2020 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.(rro)
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Filing 340
TRANSCRIPT of Proceedings re: Telephone Conference held on 8/20/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/15/2020. Redacted Transcript Deadline set for 9/25/2020. Release of Transcript Restriction set for 11/23/2020..(rro)
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Filing 339
ORDER terminating #336 Letter Motion for Leave to File Document; granting #337 Letter Motion to Seal. For the reasons stated on the record during the August 20 conference, it is hereby ORDERED that: Plaintiffs' sealing motion (Dkt. No. 337 in Case No. 18-CV-4438) is GRANTED for substantially the reasons set forth therein. Dkt. No. 338 in Case No. 18-CV-4438 shall remain under seal. The Clerk of Court is respectfully directed to close the letter-motions at Dkt. Nos. 336 and 337 in Case. No. 18-CV-4438. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 8/24/2020) (cf)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Conference held on 8/20/2020. (Snell, Kevin)
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Filing 338
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated August 19, 2020 re: In Response to the Estate's letter filed on August 15, 2020 (ECF No. 334-1). Document filed by American Image Art, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Emeline Salama-Caro, Morgan Art Foundation Limited, Shearbrook LLC, Figure 5 Art LLC, Robert Indiana, Morgan Consolidated Ltd., Michael McKenzie, James W Brannan(Personal Representative of the Estate of Robert Indiana), Jamie Thomas. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #337 .(Shah, Maaren)
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Filing 337
LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated August 19, 2020. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Shah, Maaren)
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Filing 336
LETTER MOTION for Leave to File Discovery Conference Letter (re: Dkt. No. 334 and 335) addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated August 14, 2020. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 335
ORDER granting #334 Letter Motion for Leave to File Document. The sealing motion (Dkt. No. 344) is GRANTED for substantially the reasons set forth therein. Dkt. Nos. 334-1 through 334-3 shall remain under seal. The sealing motion itself, however, should not have been sealed. See SDNY ECF Rules & Inst. 6.5, 6.11. The Estate is directed to file that motion without its attachments in public view. Plaintiff's response to the discovery motion is due on August 19, 2020. The parties shall be prepared to discuss the issues raised in the August 14 discovery motion at the August 20, 2020 telephonic discovery conference. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 8/18/2020) (cf)
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Set/Reset Deadlines: Responses due by 8/19/2020 (cf)
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Filing 334
***SELECTED PARTIES*** LETTER MOTION for Leave to File Discovery Conference Letter addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated August 14, 2020. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana), James W Brannan(Personal Representative of the Estate of Robert Indiana), American Image Art, Figure 5 Art LLC, Robert Indiana, Michael McKenzie, Morgan Art Foundation Limited, Morgan Consolidated Ltd., Ri Catalogue Raisonne LLC, Emeline Salama-Caro, Marc Salama-Caro, Simon Salama-Caro, Shearbrook LLC, Jamie Thomas. (Attachments: #1 Discovery Conference Letter, #2 Exhibit A, #3 Exhibit B)Motion or Order to File Under Seal: #330 .(Boyle, Edward)
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Filing 333
ORDER: The Court will conduct a telephonic discovery conference on August 20, 2020, at 10:00 a.m. At that time, the parties shall call 888-557-8511 and enter the access code 7746387. It is the Court's intention to resolve this discovery dispute at the August 20 conference, based on the letters submitted, together with any argument presented at the conference, unless a party shows good cause why more formal briefing is required. (As further set forth in this Order.) ( Telephone Conference set for 8/20/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 8/5/2020) (cf)
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Filing 332
LETTER addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated August 3, 2020 re: July 30, 2020 Letter regarding Attorneys Eyes Only designation. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit A- SOH Meeting Minutes).(Shah, Maaren)
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Filing 331
LETTER addressed to Magistrate Judge Barbara C. Moses from John C. Vazquez dated July 30, 2020 re: Plaintiffs' Letter dated July 27, 2020 re: Attorneys Eyes Only designation. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Vazquez, John)
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Filing 330
MEMO ENDORSEMENT on re: (126 in 1:18-cv-08231-AT-BCM) Letter, filed by Simon Salama-Caro, RI Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook (US), LLC, (329 in 1:18-cv-04438-AT-BCM) Letter, filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC. ENDORSEMENT: Opposition letters are due by July 30, 2020. The disputed documents shall be treated as ATTORNEYS' EYES ONLY pending resolution of MAF's letter-application. (Signed by Magistrate Judge Barbara C. Moses on 7/28/2020) (cf)
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Filing 329
LETTER addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated July 27, 2020 re: Attorneys Eyes Only designation. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Shah, Maaren)
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Filing 328
NOTICE of Regarding American Image Art's Corporate Form. Document filed by American Image Art, Michael McKenzie..(Markham, John)
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Filing 327
NOTICE OF APPEARANCE by Bridget A. Zerner on behalf of American Image Art, Michael McKenzie..(Zerner, Bridget)
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Filing 326
NOTICE OF APPEARANCE by John J. E. Markham, II on behalf of American Image Art, Michael McKenzie..(Markham, John)
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Mailed a copy of #325 Order, to Michael McKenzie at 171 Goldens Bridge Rd. Katonah, NY 10536..(Snell, Kevin)
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Filing 325
ORDER re: #311 Order, Set Deadlines, Add and Terminate Attorneys. The Court therefore directs Thomas and the Estate to produce the Agreement in discovery, subject to the Protective Order, within one business day after the AIA Defendants' new counsel has appeared. Chambers will serve a copy of this Order on the AIA Defendants. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 7/1/2020) (kv)
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Filing 323
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Specific Non-Dispositive Motion/Dispute ECF Nos. 213 and 258 in 18cv4438 (ECF No. 86 in related case 18cv8231). Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Analisa Torres on 6/29/2020) (jwh) Modified on 6/29/2020 (jwh). Modified on 7/6/2020 (jwh).
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Filing 324
MOTIONS REFERRED: #258 LETTER MOTION for Leave to File Fourth Amended Answer, Counterclaims, Cross-Claims, #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. Motions referred to Barbara C. Moses. (jwh)
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Filing 322
STIPULATED ORDER: It is hereby stipulated and agreed by the parties that (1) the deadline for completion of fact discovery is extended to September 30, 2020 and (2) the deadline for completion of expert discovery is extended until November 17, 2020. (Expert Discovery due by 11/17/2020., Fact Discovery due by 9/30/2020.) (Signed by Magistrate Judge Barbara C. Moses on 6/26/2020) (cf) Modified on 6/26/2020 (cf).
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Filing 321
PROPOSED ORDER. Document filed by Jamie Thomas..(Ryan, Paul) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #321 Proposed Order was reviewed and approved as to form. (km)
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Mailed a copy of #320 Order,,,,, to Michael McKenzie at 171 Goldens Bridge Rd. Katonah, NY 10536..(Snell, Kevin)
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Filing 320
ORDER: It is hereby ORDERED that all future submissions from McKenzie must be filed on the docket of this action, with notice to all other parties, unless this Court has specifically authorized him to submit documents in a different manner. There are a number of ways for a pro se party to file documents on the docket of this action, including by mailing them to the Court's Pro Se Intake Unit or by dropping them off at the Courthouse. Additionally, for the duration of the COVID-19 public health emergency, pro se parties may file documents by emailing them to the Clerk's office (not to an individual judge). Instructions for emailing documents to the Clerk's office for filing may be found on the Court's website at: https://nysd.uscourts.gov/forms /instructions-filing-documents-email The Court notes that McKenzie has not registered to receive filings electronically, which he may do by filing a Consent to Electronic Service, which may be found on the Court's website at: https://nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf Consequently, chambers will mail a copy of this Order to defendants McKenzie and American Image Art. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 6/25/2020) Copies Will Be Mailed By Chambers. (cf) Modified on 6/25/2020 (cf).
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Filing 319
NOTICE OF APPEARANCE PRO SE by Michael McKenzie. (sc)
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Filing 318
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 6/12/2020 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.(rro)
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Filing 317
TRANSCRIPT of Proceedings re: Telephone Conference held on 6/12/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/15/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/22/2020..(rro)
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Filing 316
ORDER: is hereby ORDERED that the Estate and Thomas shall submit for in camera review a complete copy of their settlement agreement, together with all attachments and exhibits thereto, as well as any related agreements concerning (a) the advancement or reimbursement of, or indemnification against, Thomas's legal fees,settlement payments, and/or judgments in these actions (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 6/24/2020) (cf)
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Filing 315
ORDER: terminating #314 Letter Motion to Continue. Attorney Ryan knew or should have known that the issue of extending discovery deadline, which was raised by Goetz Fitzpatrick LLP's withdrawal motion and MAF's response (Dkt. Nos. 294, 295, 296, 306), would be addressed at the June 19 hearing on the motion. However, if the affected parties are in agreement as to a longer extension, they may file a proposed stipulated order no later than June 26, 2020. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/23/2020) (ama)
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Filing 314
FIRST LETTER MOTION to Continue Fact Discovery Cut-Off addressed to Magistrate Judge Barbara C. Moses from Paul Ryan dated 6/22/2020. Document filed by Jamie Thomas..(Ryan, Paul)
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Filing 313
AFFIDAVIT OF SERVICE of Order_Withdrawal Motion served on Michael McKenzie and American Image Art on June 22, 2020. Service was made by MAIL and EMAIL. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 312
LETTER addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated 6/19/2020 re: Joint Letter in connection with outstanding dispute on ECF 271 and ECF 274. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 311
ORDER: Having carefully considered the Firm's moving papers, as well as the responses and replies described above, and finding good cause, it is hereby ORDERED that the motion for leave to withdraw as counsel is GRANTED. It is further ORDERED that any new counsel retained by the AIA Defendants shall file a notice of appearance no later than July 20, 2020. Until new counsel has been retained, McKenzie may enter a pro se appearance by filing a Notice of Pro Se Appearance, which may be found on the Court's website As further set forth herein. It is further ORDERED that: 1. Deposition discovery in this action is STAYED until July 27, 2020. During the stay, the parties may continue to schedule depositions and serve any required notices or subpoenas, but no deposition should be scheduled for or commence on any date before July 27. Written discovery may continue. 2. The deadline for the completion of fact discovery, including fact depositions, is EXTENDED to August 31, 2020. 3. The deadline for the completion of expert discovery is EXTENDED to October 14, 2020. 4. Promptly upon receipt of this Order, Goetz Fitzpatrick LLP shall serve a copy via regular mail and email on AIA and McKenzie and shall file proof of same on the Court's electronic docket. Upon the Firm's filing of proof of service of this Order on its clients, the Clerk of Court is respectfully directed to terminate attorneys John B. Simoni, Jr. and Hyun-Jeong (Becky) Baek as counsel in this action. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/19/2020) ( Deposition due by 8/31/2020., Expert Discovery due by 10/14/2020., Fact Discovery due by 8/31/2020.), Attorney Hyun-Jeong Baek and John B. Simoni, Jr terminated. (ks)
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Motion Hearing held on 6/19/2020 re: #294 EMERGENCY MOTION for Order to Show Cause for leave to withdraw as counsel. filed by Michael McKenzie, American Image Art. (kgo)
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Filing 310
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/9/2020 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 309
TRANSCRIPT of Proceedings re: CONFERNECE held on 6/9/2020 before Magistrate Judge Barbara C. Moses. 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 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020..(McGuirk, Kelly)
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Filing 308
REPLY MEMORANDUM OF LAW in Support re: #294 EMERGENCY MOTION for Order to Show Cause for leave to withdraw as counsel. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 307
ORDER granting in part and denying in part #270 Motion for Local Rule 37.2 Conference; granting in part and denying in part #271 Motion for Local Rule 37.2 Conference; withdrawing #272 Motion for Local Rule 37.2 Conference; granting in part and denying in part #273 Motion for Local Rule 37.2 Conference; granting in part and denying in part #274 Motion for Local Rule 37.2 Conference; denying #291 Motion for Local Rule 37.2 Conference: For the reasons stated on the record during the June 12 conference, the letter-motions, and certain related issues, are resolved as further set forth in this order. All relief not expressly granted herein is DENIED. The Clerk of Court is respectfully directed to close the letter-applications at Dkt. Nos. 270, 271, 272, 273, 274, and 291 in Case No. 18-CV-4438, and Dkt. No. 108 in Case No. 18-CV-8231. (Signed by Magistrate Judge Barbara C. Moses on 6/17/2020) (jwh)
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Filing 306
MEMORANDUM OF LAW in Opposition re: #294 EMERGENCY MOTION for Order to Show Cause for leave to withdraw as counsel. . Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Discovery Hearing held on 6/12/2020. (tro)
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Filing 305
The Court has received and reviewed the post-argument correspondence from MAF and Thomas and thanks counsel for their clarifications. No further submissions are required. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (SRB)
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Filing 304
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 10, 2020 re: #291 LETTER MOTION for Local Rule 37.2 Conference concerning the Estates untimely supplemental disclosures addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated June 5, 2020. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 303
RESPONSE to Motion re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. Supplemental Letter in Opposition. Document filed by Jamie Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ryan, Paul)
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Filing 302
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated June 10, 2020 re: June 9, 2020 Argument. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Oral Argument held on 6/9/2020 re: (258 in 1:18-cv-04438-AT-BCM) LETTER MOTION for Leave to File Fourth Amended Answer, Counterclaims, Cross-Claims addressed to Judge Analisa Torres from John B. Simoni, Jr. dated April 23, 2020. filed by Michael McKenzie, American Image Art, (86 in 1:18-cv-08231-AT-BCM) MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. filed by Simon Salama-Caro, RI Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook (US), LLC, (213 in 1:18-cv-04438-AT-BCM) MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Figure 5 Art LLC, Morgan Art Foundation Limited, Shearbrook LLC. (kgo)
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Filing 301
AFFIDAVIT OF SERVICE of Order to Show Cause served on Michael McKenzie and American Image Art on June 9, 2020. Service was made by OVERNIGHT MAIL and EMAIL. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 300
ORDER denying #286 Letter Motion to Seal. The Court having received plaintiffs' letter, dated June 5, 2020 (Dkt. No. 290 in 18-CV-4438; Dkt. No. 112 in 18-CV-8231), consenting to the public filing of the letter and exhibits attached to this letter-motion (Dkt. No. 287 in 18-CV-4438; Dkt. No. 111 in 18-CV-8231), the Estate's application is DENIED. (Signed by Magistrate Judge Barbara C. Moses on 6/9/2020) (cf)
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Filing 299
ORDER denying without prejudice #292 LETTER MOTION for Extension of Time to File Response/Reply as to #291 LETTER MOTION for Local Rule 37.2 Conference concerning the Estates untimely supplemental disclosures addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated June 5, 2020. addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 8, 2020. Document filed by James W Brannan (Personal Representative of the Estate of Robert Indiana). Application DENIED without prejudice. The Estate provides no reason for its request and therefore fails to comply with Moses Ind. Prac. 2(a). Further, the extension would make the Estate's response due after the June 12 conference at which the Court hopes to decide the motion. The Estate shall address both issues in any renewed extension request. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/8/2020) (rjm)
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Filing 298
ORDER: The oral argument scheduled in this case for June 9, 2020, at 11:30 a.m. and 12:00 p.m. will be conducted remotely via Skype for Business. Chambers has emailed the required link to the parties. A publicly accessible audio line is available to nonparties, including members of the public and the press, by dialing (917) 933-2166 and entering the code 358114108. Nonparties must observe the same decorum as would be expected at an in-person sentencing, and must mute their telephone lines throughout the proceeding. ( Telephone Conference set for 6/9/2020 at 11:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/8/2020) (cf)
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Filing 297
ORDER TO SHOW CAUSE TO BE RELIEVED AS COUNSEL FOR AIA AND STAY OF ACTION: ORDERED, that the above named defendants Michael McKenzie and American Image Art ( collectively "American Image") show cause before this Court, via telepconference on the 19th day of June, 2020. at 11:00 o'clock in the forenoon thereof, as further set forth in this Order. 1. Should either or both of the American Image defendants, or any other party to this action, oppose the motion to withdraw, the requested stay, or both, opposition papers must be served and filed by Monday, June 15, 2020. 2. Any written response by the American Image defendants may be submitted in the form of a letter marked "confidential" and delivered directly to chambers by email, addressed to Barbara Moses, United States Magistrate Judge, and sent to: Moses_ NYSDChambers@nysd.uscourts.gov. 3. In order to protect the attorney-client privilege between the American Image defendants and their counsel, the American Image defendants are directed to send a copy of their submission(s) to Goetz Fitzpatrick LLC but not to any other party. 4. Any reply papers by Goetz Fitzpatrick LLC are due no later than Wednesday, June 17, 2020. To the extent the firm wishes to discuss any privileged or confidential matters in its reply papers, that portion of its papers should also be marked "confidential," submitted directly to chambers by email, and served on the American Image defendants but not on any other party. 5. Participants in the teleconference on June 19, 2020 should dial 888-557-8511 and use the access code 7746387. 6. This Order to Show Cause does not alter any deadlines or adjourn any proceedings previously scheduled by the Court. ( Replies due by 6/17/2020., Telephone Conference set for 6/19/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses.) Show Cause Response due by 6/15/2020. (Signed by Magistrate Judge Barbara C. Moses on 6/8/2020) (cf)
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Filing 296
MEMORANDUM OF LAW in Support re: #294 EMERGENCY MOTION for Order to Show Cause for leave to withdraw as counsel. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 295
AFFIDAVIT of John B. Simoni, Jr. in Support re: #294 EMERGENCY MOTION for Order to Show Cause for leave to withdraw as counsel.. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 294
EMERGENCY MOTION for Order to Show Cause for leave to withdraw as counsel. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 293
ORDER: The Court will conduct a telephonic discovery conference as to all six motions on Friday, June 12, 2020, at 2:00 p.m. At that time, the parties shall call 888-557-8511 and enter the access code 7746387. (As further set forth in this Order.) ( Telephone Conference set for 6/12/2020 at 02:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/8/2020) (cf)
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Filing 292
LETTER MOTION for Extension of Time to File Response/Reply as to #291 LETTER MOTION for Local Rule 37.2 Conference concerning the Estates untimely supplemental disclosures addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated June 5, 2020. addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 8, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 291
LETTER MOTION for Local Rule 37.2 Conference concerning the Estates untimely supplemental disclosures addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated June 5, 2020. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - Estate's 5.27.20 First Supp. Initial Disclosures, #2 Exhibit 2 - Estate's 8.6.18 Initial Disclosures in 04438 Action, #3 Exhibit 3 - Estate's 11.28.18 Initial Disclosures in 08231 Action).(Shah, Maaren)
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Filing 290
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated June 5, 2020 re: #286 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 2, 2020. . Document filed by Morgan Art Foundation Limited..(Nikas, Luke)
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Set/Reset Hearings: Oral Argument set for 6/9/2020 at 11:30 AM before Magistrate Judge Barbara C. Moses. (cf)
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Filing 289
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated June 3, 2020 re: #271 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Thomas addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 288
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated June 3, 2020 re: #274 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Estate addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 287
***SELECTED PARTIES***REDACTION to #286 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 2, 2020. by James W Brannan(Personal Representative of the Estate of Robert Indiana), American Image Art, James W Brannan(As Personal Representative of the Estate of Robert Indiana), Figure 5 Art LLC, Michael McKenzie, Morgan Art Foundation Limited, Morgan Consolidated Ltd., Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC, Jamie Thomas (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Motion or Order to File Under Seal: #286 .(Boyle, Edward)
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Filing 286
LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 2, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 285
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Paul Ryan dated June 2, 2020 re: #274 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Estate addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. Supplemental Letter. Document filed by Jamie Thomas..(Ryan, Paul)
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Filing 284
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Silvia L. Serpe dated June 1, 2020 re: #271 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Thomas addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by Jamie Thomas..(Serpe, Silvia)
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Filing 283
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated June 1, 2020 re: #270 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Morgan addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 282
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated June 1, 2020 re: #272 LETTER MOTION for Local Rule 37.2 Conference concerning deposition scheduling addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 281
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated May 29, 2020 re: #273 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated May 26, 2020. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Shah, Maaren)
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Filing 280
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated May 29, 2020 re: #270 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Morgan addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - Feb. 13, 2019 letter to AIA re discovery and search terms, #2 Exhibit 2 - Oct. 1, 2019 MAF response to AIA letters, #3 Exhibit 3 - Apr. 9, 2020 MAF response to AIA letter dated March 17, 2020, #4 Exhibit 4 - May 19, 2020 email response to AIA).(Shah, Maaren)
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Filing 279
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated May 29, 2020 re: #274 LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Estate addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 278
ORDER granting #277 Letter Motion for Extension of Time. Brief due by 6/1/2020.(HEREBY ORDERED by Magistrate Judge Barbara C. Moses)(Text Only Order) (Moses, Barbara)
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Filing 277
LETTER MOTION for Extension of Time to Respond to AIA's pre-motion conference letter addressed to Magistrate Judge Barbara C. Moses from Silvia L. Serpe dated May 29, 2020. Document filed by Jamie Thomas..(Serpe, Silvia)
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Filing 276
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 29, 2020 re: #272 LETTER MOTION for Local Rule 37.2 Conference concerning deposition scheduling addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. . Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - March 6, 2020 Email, #2 Exhibit 2 - Proposed Deposition Schedule, #3 Exhibit 3 - May 15, 2020 Email Exchange).(Nikas, Luke)
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Filing 275
ORDER. It is hereby ORDERED that the AIA Defendants shall answer all of plaintiff's RFAs, except RFAs 250-58, no later than June 5, 2020. It is further ORDERED that defendant Jamie Thomas - who did not oppose plaintiff's separate letter-motion to compel, filed on May 15, 2020 (Dkt. No. 263) - shall promptly answer plaintiff's RFAs 7-18 and 47 addressed to Thomas. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 261 and 263. So ordered. Terminating #261 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. Document filed by Morgan Art Foundation Limited; Terminating #263 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. Document filed by Morgan Art Foundation Limited. (Signed by Magistrate Judge Barbara C. Moses on 5/27/2020) (rjm)
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Filing 274
LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Estate addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit Ex. A Estate's Responses to AIA's 2nd Request for Document Production, #2 Exhibit Ex. B Estate's Responses to AIA's 3rd Request for Production of Documents, #3 Exhibit Ex C Meet and confer emails).(Simoni, John)
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Filing 273
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated May 26, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit Request for Production, #2 Exhibit Responses and Objections, #3 Exhibit Letter Dated May 22, 2020).(Boyle, Edward)
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Filing 272
LETTER MOTION for Local Rule 37.2 Conference concerning deposition scheduling addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 271
LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Thomas addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit Ex. A AIA's Second Request for Production on Thomas, #2 Exhibit Ex. B Meet and confer emails, #3 Exhibit Ex. C Thomas' Amended Responses to AIA's Second Request for Production).(Simoni, John)
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Filing 270
LETTER MOTION for Local Rule 37.2 Conference concerning discovery dispute with Morgan addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 26, 2020. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit Ex. 1 AIA Request for Production of Documents, #2 Exhibit Ex. 2 Morgan's Responses and Objections to AIA Request for Production, #3 Exhibit Ex. 3 Letter, September 16, 2019, #4 Exhibit Ex. 4 Letter, October 1, 2019, #5 Exhibit Ex. 5 Letter, March 17, 2020, #6 Exhibit Ex. 6 Email, May 18, 2020).(Simoni, John)
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Filing 269
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated 5/26/2020 re: #261 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 268
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 22, 2020 re: #261 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. . Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - Bates E-Mail, #2 Exhibit 2 - Bates Article).(Nikas, Luke)
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Filing 267
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 5/18/2020 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. (rro)
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Filing 266
TRANSCRIPT of Proceedings re: Telephone Conference held on 5/18/2020 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 6/11/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/19/2020.(rro)
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Filing 265
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated 05/20/2020 re: #261 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. . Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 264
ORDER terminating #262 Letter Motion for Local Rule 37.2 Conference. a.The AIA Defendants need not answer RFAs 251-258. b.As to the remaining RFAs in dispute, the AIA Defendants shall respond to MAF's letter-application, in accordance with Moses Ind. Prac. 2(e), no later than May 20, 2020. c.Plaintiff MAF shall file its reply no later than May 22, 2020. MAF's letter-application to compel defendant Jamie Thomas to answer certain RFAs (Dkt. No. 263 in Case No. 18-CV-4438) a. Defendant Thomas shall respond to the letter-application, in accordance with Moses Ind. Prac. 2(e), no later than May 20, 2020. b. Plaintiff MAF shall file its reply no later than May 22, 2020. To the extent there are any additional discovery disputes arising out of the parties' joint pre-conference letter, the parties must file their letter-applications no later than May 26, 2020. Oral argument on the AIA Defendants' motion for leave to amend (Dkt. No. 257 in 18-CV-4438) is currently scheduled for 11:30 a.m. on June 9, 2020. At 12:00 p.m. on June 9, 2020, the Court will hear argument on plaintiffs motions for spoliation sanctions. (Dkt. No. 213 in Case No. 18-CV-4438; Dkt. No. 86 in Case No. 18-CV-8231.) The argument will be held via videoconference; conferencing instructions will follow. The Clerk of Court is respectfully directed to close the letter-application at Dkt. No. 262 in Case No. 18-CV-4438. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/20/2020) (cf) (Main Document 264 replaced on 5/20/2020) (cf). Modified on 5/20/2020 (cf).
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Set/Reset Deadlines: ( Motions due by 5/26/2020., Responses due by 5/20/2020, Replies due by 5/22/2020.), Set/Reset Hearings:( Telephone Conference set for 6/9/2020 at 12:00 PM before Magistrate Judge Barbara C. Moses.) (cf) Modified on 5/20/2020 (cf).
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Status Conference held on 5/18/2020. (tro)
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Filing 263
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - MAFs 1st RFAs to Thomas, #2 Exhibit 2 - Thomas's Responses to MAF's 1st RFAs).(Nikas, Luke)
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Filing 262
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - 4.18.19 production cover letter from AIA, #2 Exhibit 2 - 9.27.19 letter from AIA re: ESI, #3 Exhibit 3 - 10.01.19 letter from MAF to McKenzie and AIA).(Nikas, Luke)
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Filing 261
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 15, 2020. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - MAF's 1st RFA to AIA, #2 Exhibit 2 - 3.20.17 E-Mail from J. Simoni).(Nikas, Luke)
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Filing 260
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 13, 2020 re: Joint Status Update on Discovery and Settlement.. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 259
Due to a conflict on the Court's calendar, the telephonic status conference scheduled for May 18, 2020, at 11:00 a.m., shall instead commence on May 18, 2020, at 12:00 p.m. At that time, the parties shall call into the below teleconference: call in number: 888-557-8511; access code: 7746387. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (nws)
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Filing 258
LETTER MOTION for Leave to File Fourth Amended Answer, Counterclaims, Cross-Claims addressed to Judge Analisa Torres from John B. Simoni, Jr. dated April 23, 2020. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement, #7 Supplement).(Simoni, John)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John B. Simoni to RE-FILE Document #249 Letter. Use the event type Leave to File Document found under the event list Motions. (ldi)
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Filing 257
ORDER: The Court has received and reviewed the single-spaced, six-page letter-motion filed by defendants Michael McKenzie and American Image Art (the AIA Defendants) on April 23, 2020 (Dkt. No. 249), seeking "permission to move for leave to file a motion to amend AIA's pleadings," as well as the AIA Defendants' proposed Fourth Amended Answer, Counterclaims, and Cross-claims, redlined against their current pleading (Dkt. No. 251); the responsive letter-briefs from defendant James W. Brannan, Personal Representative of the Estate of Robert Indiana (Dkt. No. 252) and plaintiff Morgan Art Foundation Limited (Dkt. No. 253), each dated May 4, 2020, which total nine single-spaced pages and oppose further amendment of the AIA Defendants' pleading; and the AIA Defendants' six-page reply letter, also single-spaced, dated May 7, 2020. (Dkt. No. 256.) The Court construes the AIA Defendants' April 23 letter to constitute their motion for leave to amend and deems that motion fully briefed. Judge Moses will hold oral argument on the motion, via telephone conference call, on June 9, 2020, at 11:30 a.m. A few minutes before that time, the parties shall call into the below teleconference: Call in number: 888-557-8511 Access Code: 7746387 Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. For other teleconferencing guidelines, the parties should review 2 of Judge Moses's Emergency Practices, available at https://nysd.uscourts.gov/hon-barbara-moses. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 5/11/2020) ( Telephone Conference set for 6/9/2020 at 11:30 AM before Magistrate Judge Barbara C. Moses.) (ks)
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Filing 256
LETTER addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 7, 2020 re: AIA's Reply in further support of Fourth Amended Answer, Counterclaims and Cross-claims. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit Exhibit A- 1999 Agreement, #2 Exhibit Exhibit B- NY Times Article).(Simoni, John)
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Filing 255
MEMO ENDORSEMENT on re: #254 Letter filed by Michael McKenzie, American Image Art. ENDORSEMENT: Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 5/5/2020) (cf)
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Filing 254
LETTER addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated May 5, 2020 re: Request to file reply letter. Document filed by American Image Art, Michael McKenzie..(Simoni, John)
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Filing 253
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 4, 2020 re: Response to Request for Leave to Amend Responsive Pleading #249 . Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1).(Nikas, Luke)
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Filing 252
LETTER addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated May 4, 2020 re: Opposition to Request for Leave to Amend. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit Agreement).(Boyle, Edward)
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Filing 251
AMENDED ANSWER to #47 Amended Complaint with JURY DEMAND., CROSSCLAIM against James W Brannan(As Personal Representative of the Estate of Robert Indiana), James W Brannan(Personal Representative of the Estate of Robert Indiana)., COUNTERCLAIM against All Plaintiffs. Document filed by Michael McKenzie, American Image Art. (Attachments: #1 Exhibit Exhibit A - Cease and Desist Letters, #2 Exhibit Exhibit B - HOPE Contract, #3 Exhibit Exhibit C - HOPE Addendum 2010, #4 Exhibit Exhibit D - HOPE Addendum 2011, #5 Exhibit Exhibit E - HOPE Wine Contract 2011, #6 Exhibit Exhibit F - HOPE Wine Addendum 2012, #7 Exhibit Exhibit G - Royalty Check, #8 Exhibit Exhibit H - Royalty, #9 Exhibit Exhibit I - Royalty, #10 Exhibit Exhibit J - Royalty, #11 Exhibit Exhibit K - Royalty, #12 Exhibit Exhibit L - Royalty, #13 Exhibit Exhibit M - Royalty, #14 Exhibit Exhibit N - Royalty, #15 Exhibit Exhibit O - Tracey Email, #16 Exhibit Exhibit P - Petition for Discovery, #17 Exhibit Exhibit Q - Unsigned Hope Contract, #18 Exhibit Exhibit R - Arbitration Demand, #19 Supplement Redlined Comparison of Proposed Fourth Amended Answer).(Simoni, John)
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Filing 250
ORDER: The AIA Defendants' application is within the scope of my reference. No later than April 27, 2020, the AIA Defendants shall file a copy of their proposed amended pleading, together with a redline comparison showing the changes from their operative pleading. Any party wishing to oppose the AIA Defendants' letter-motion shall respond, by letter not exceeding six pages, no later than May 4, 2020. (As further set forth in this Order.) (Responses due by 5/4/2020) (Signed by Magistrate Judge Barbara C. Moses on 4/24/2020) (cf)
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Filing 249
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER addressed to Judge Analisa Torres from John B. Simoni, Jr. dated April 23, 2020 re: Pre-motion letter for permission to move to amend American Image's pleadings. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Supplement Image 1, #2 Supplement Image 2, #3 Supplement Image 3, #4 Supplement Image 4, #5 Supplement Image 5, #6 Supplement Image 6, #7 Supplement Image 7).(Simoni, John) Modified on 5/12/2020 (ldi).
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Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Status Conference held telephonically on 4/15/2020. (Landers, Rigoberto)
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Filing 248
ORDER: It is hereby ORDERED that: 1. Pre-Trial Schedule. In light of the ongoing national public health emergency, and for good cause shown, the pre- trial deadlines in both of the above-captioned actions are EXTENDED as follows: a. Fact discovery, including depositions, shall be completed no later than June 30, 2020. Non-party depositions shall be conducted promptly, by remote means, and shall be completed no later than June 1, 2020. Notwithstanding the parties' preference to conduct party depositions in person and the present uncertainty as to when it will be possible to do so party depositions shall be promptly scheduled for dates in May and June 2020, and the parties shall be prepared to conduct those depositions either in person or remotely, as public health guidelines require, within that time frame. b. The deadline for the parties to request a pre-motion conference with the District Judge regarding summary judgment is July 17, 2020. c. Expert discovery, including depositions, shall be completed no later than August 14, 2020. d. All other provisions of the Court's Civil Case Management Plan and Scheduling Order (Dkt. No. 34 in Case No. 18-CV-4438; Dkt. No. 23 in Case No. 18-CV-8231) and Order dated March 17, 2020 (Dkt. No. 243 in Case No. 18-CV-4438; Dkt. No. 99 in Case No. 18-CV-8231) remain in effect. 2. Status Conference. Judge Moses will conduct a telephonic status conference on May 18, 2020, at 11:00 a.m. At that time, the parties shall call into the below teleconference: call in number: 888-557-8511; access code: 7746387. No later than May 13, 2020, the parties shall submit a joint status letter, outlining the progress of discovery to date, any discovery or scheduling disputes requiring Court intervention (without argument), as well as any settlement efforts., Deposition due by 8/14/2020., Expert Discovery due by 8/14/2020., Fact Discovery due by 6/30/2020., Motions due by 7/17/2020., Status Conference set for 5/18/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 4/15/2020) (rj)
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Filing 247
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated April 8, 2020 re: Joint Status Update on Discovery and Settlement. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 246
ORDER. In light of the ongoing national public health emergency, the status conference scheduled for April 15, 2020, at 10:00 a.m., will be conducted telephonically. At that time, the parties shall call into the below teleconference: Call in number: 888-557-8511. Access Code: 7746387. So ordered. (Signed by Magistrate Judge Barbara C. Moses on 3/19/2020) (rjm)
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Filing 245
DECLARATION of Luke Nikas in Support re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Nikas, Luke)
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Filing 244
REPLY MEMORANDUM OF LAW in Support re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 243
ORDER: It is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, video conference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. (Signed by Magistrate Judge Barbara C. Moses on 3/17/2020) (rj)
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Filing 242
AMENDED ANSWER to #226 Amended Answer to Complaints, Counterclaim,,,,. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 241
LETTER addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated March 13, 2020 re: Opposition to Plaintiffs' Motion for Sanctions. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 240
ORDER RE SEALING REQUEST denying #225 Letter Motion to Seal; denying #237 Letter Motion to Seal. The SAAC does not disclose the Counterclaim Defendants' internal financial information, business strategies, or the like. Thus, the fact that MAF and its affiliates are privately owned cannot justify the sealing order they seek. For these reasons, the sealing motions at Dkt. Nos. 225 and 237 are DENIED. The Clerk of Court is respectfully directed to unseal and remove all restrictions from Dkt. No. 226. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 3/6/2020) (cf)
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Filing 239
***SELECTED PARTIES***AMENDED ANSWER to., COUNTERCLAIM against Morgan Art Foundation Limited. Document filed by Simon Salama-Caro, Ri Catalogue Raisonne LLC, Robert Indiana, James W Brannan(As Personal Representative of the Estate of Robert Indiana), Shearbrook LLC, Michael McKenzie, Figure 5 Art LLC, Morgan Art Foundation Limited, American Image Art, Jamie Thomas. Motion or Order to File Under Seal: #237 .(Nikas, Luke)
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Filing 238
AMENDED ANSWER to #47 Amended Complaint., COUNTERCLAIM against Morgan Art Foundation Limited. Document filed by Robert Indiana..(Nikas, Luke)
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Filing 237
LETTER MOTION to Seal Requesting the Estates SAAC Be Filed Under Seal addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated March 5, 2020. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC..(Nikas, Luke)
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Filing 236
DECLARATION of John C. Vazquez in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Fink, David)
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Filing 235
DECLARATION of Dennis H. Tracey, III in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Fink, David)
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Filing 234
DECLARATION of Melissa Hamilton in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Fink, David)
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Filing 233
DECLARATION of Adelina Garay in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B).(Fink, David)
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Filing 232
DECLARATION of James W. Brannan in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B).(Fink, David)
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Filing 231
MEMORANDUM OF LAW in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Fink, David)
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Filing 230
DECLARATION of Yvonne Thomas in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by Jamie Thomas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Serpe, Silvia)
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Filing 229
DECLARATION of Jamie L. Thomas in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by Jamie Thomas. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Exhibit Ex. I).(Serpe, Silvia)
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Filing 228
DECLARATION of Paul W. Ryan in Opposition re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by Jamie Thomas. (Attachments: #1 Exhibit Email).(Serpe, Silvia)
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Filing 227
RESPONSE in Opposition to Motion re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. . Document filed by Jamie Thomas..(Serpe, Silvia)
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Filing 226
***SELECTED PARTIES***AMENDED ANSWER to #47 Amended Complaint., COUNTERCLAIM against Ri Catalogue Raisonne LLC, Simon Salama-Caro, Morgan Art Foundation Limited, Figure 5 Art LLC, Shearbrook LLC. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), Jamie Thomas, Michael McKenzie, Morgan Consolidated Ltd., Ri Catalogue Raisonne LLC, Morgan Art Foundation Limited, Simon Salama-Caro, Figure 5 Art LLC, Emeline Salama-Caro, Shearbrook LLC, American Image Art, Marc Salama-Caro, James W Brannan(As Personal Representative of the Estate of Robert Indiana). Motion or Order to File Under Seal: #225 .(Beeber, Jessie)
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Filing 225
LETTER MOTION to Seal Estate's Second Amended Answer and Counterclaim addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated March 2, 2020. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Beeber, Jessie)
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Filing 224
ORDER granting #193 Letter Motion for Leave to File Document. For the reasons set forth above, the Estate's letter-motion seeking leave to file a Second Amended Answer and Counterclaims (Dkt. No. 193) is GRANTED. The Estate shall file its SAAC no later than March 2, 2020. If any party requests that any portion of the SAAC be filed under seal or in redacted form, the parties shall follow the procedures set out in this Court's ECF Rules & Instructions 6 (available at https://nysd.uscourts.gov/rules/ecf-related-instructions), and Moses Indiv. Prac. 3, in order to request permission for that sealing and/or redaction. (Signed by Magistrate Judge Barbara C. Moses on 2/28/2020) (cf)
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Filing 223
MEMO ENDORSEMENT on re: #221 Notice of Withdrawal of John D. Frumer as Counsel filed by Jamie Thomas. ENDORSEMENT: PLEASE TAKE NOTICE that as of February 25, 2020, I am withdrawing my appearance as counsel for defendant Jamie L. Thomas. SERPE RYAN LLP shall remain counsel of record for Jamie L. Thomas. Attorney John D. Frumer terminated. (Signed by Magistrate Judge Barbara C. Moses on 2/25/2020) (mro)
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Filing 222
MEMO ENDORSEMENT on re: #220 Notice of Withdrawal of Susan J. Kohlman as Counsel filed by Jamie Thomas. PLEASE TAKE NOTICE that as of February 12, 2020, I am withdrawing my appearance as counsel for defendant Jamie L. Thomas. I request removal from the Court's electronic filing notification system for this action. SERPE RYAN LLP shall remain counsel of record for Jamie L. Thomas. ENDORSEMENT: SO ORDERED. Attorney Susan Joan Kohlmann terminated. (Signed by Magistrate Judge Barbara C. Moses on 2/25/2020) (mro)
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Filing 221
NOTICE of WITHDRAWAL OF COUNSEL. Document filed by Jamie Thomas..(Frumer, John)
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Filing 220
NOTICE of Withdrawal as Counsel. Document filed by Jamie Thomas..(Kohlmann, Susan)
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Filing 219
ORDER granting #218 Motion for Extension of Time to File Response/Reply. Application GRANTED. Responses due by 3/4/2020 Replies due by 3/18/2020. (Signed by Magistrate Judge Barbara C. Moses on 2/7/2020) (mro)
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Filing 218
LETTER MOTION for Extension of Time to File Response/Reply as to #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated February 7, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)..(Boyle, Edward)
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Filing 217
NOTICE OF APPEARANCE by Silvia L. Serpe on behalf of Jamie Thomas..(Serpe, Silvia)
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Filing 216
NOTICE OF APPEARANCE by Paul W. Ryan on behalf of Jamie Thomas..(Ryan, Paul)
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Filing 215
MEMORANDUM OF LAW in Support re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Nikas, Luke)
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Filing 214
DECLARATION of Luke Nikas in Support re: #213 MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1 Cease and Desist Letter, #2 Exhibit 2 January 16 Letter from Dennis Tracey, #3 Exhibit 3 Email from Brannan to Indiana, #4 Exhibit 4 Robinson Declaration, #5 Exhibit 5 January 25 Letter from Dennis Tracey, #6 Exhibit 6 MAFs First RFPs to Estate, #7 Exhibit 7 MAFs First RFPs to Thomas, #8 Exhibit 8 Estates R&Os to MAFs First RFPs, #9 Exhibit 9 Thomass R&Os to MAFs First RFPs, #10 Exhibit 10 Estates R&Os to MAFs First Interrogatories, #11 Exhibit 11 FTI Report, #12 Exhibit 12 Thomass R&Os to MAFs Second RFPs, #13 Exhibit 13 Email from Michael McKenzie, #14 Exhibit 14 Email from Simon Salama-Caro)(Nikas, Luke)
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Filing 213
MOTION for Sanctions AGAINST DEFENDANTS JAMIETHOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC.(Nikas, Luke)
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Filing 212
NOTICE OF CHANGE OF ADDRESS by John D. Frumer on behalf of Jamie Thomas. New Address: Law Office of John D. Frumer, 199 Wells Avenue, Suite 301, Newton, Massachusetts, USA 02459, (617) 233-9147. (Frumer, John)
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Filing 211
ORDER granting #205 Letter Motion for Extension of Time. The discovery status conference previously scheduled for January 13, 2020 is adjourned to April 15, 2020 at 10:00 a.m., in Courtroom 20A. Fact discovery, including fact depositions, shall be completed no later than April 30, 2020. Expert discovery shall be completed no later than June 12, 2020. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 205. Deposition due by 4/30/2020. (Signed by Magistrate Judge Barbara C. Moses on 1/15/2020) (cf)
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Filing 210
ORDER terminating #206 Letter Motion for Conference. 1. Moving papers: January 29, 2020; 2. Opposition papers: February 12, 2020; and 3. Reply papers, if any: February 19, 2020. If the MAF Parties do not file their sanctions motion by January 29, 2020, they shall reserve that motion until the close of fact discovery. The Clerk of Court is respectfully directed to terminate the letter-motions at Dkt. No. 206 (in case No. 18-CV-4438) and Dkt. No. 79 (in case No. 18-CV-8231). (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 1/15/2020) (cf)
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Set/Reset Deadlines: Motions due by 1/29/2020. Responses due by 2/12/2020 Replies due by 2/19/2020. (cf)
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Set/Reset Deadlines: ( Expert Discovery due by 6/12/2020., Fact Discovery due by 4/30/2020.), Set/Reset Hearings:( Status Conference set for 4/15/2020 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (cf)
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Filing 209
LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated January 13, 2020 re: #206 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 8, 2020. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Boyle, Edward)
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Filing 208
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 13, 2020 re: Further Support Of Request For Extension Of Deadlines #205 . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC.(Nikas, Luke)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 1/9/2020. (Snell, Kevin)
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Filing 207
ORDER terminating #194 Letter Motion for Extension of Time to Complete Discovery. It is hereby ORDERED that: 1. No later than January 13, 2020, the parties may file a supplemental letter in support of their request for a further three-month extension of their discovery and other pretrial deadlines, including why they waited until January 6, 2020, to make that request; and 2. At the request of the parties, the status conferences scheduled for January 13, 2020, at 10:00 a.m. (in No. 1:18-cv-04438) and 10:30 a.m. (in No. 1:18-cv-8231), are ADJOURNED sine die. Additionally, the Clerk of Court is respectfully directed to terminate the letter-motion at Dkt. No. 194 (in No. 1: 18-cv-04438), which was resolved by the Order at Dkt. No. 198. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/9/20) (yv)
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Filing 206
LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 8, 2020. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1 - Report, #2 Exhibit 2 - Thomas Interrogatory Responses)(Nikas, Luke)
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Filing 205
LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated January 6, 2020. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Text of Proposed Order)(Boyle, Edward)
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Filing 204
LETTER addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated September 12, 2019 re: Response to Estate's Request for Leave to Amend. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana).(Beeber, Jessie)
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Filing 203
LETTER addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated 9/11/19 re: Response to Nikas Letter. Document filed by American Image Art, Michael McKenzie.(Simoni, John)
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Filing 202
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 10, 2019 re: in Response to Letter filed September 10, 2019 (ECF No. 201). Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC.(Nikas, Luke)
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Filing 201
LETTER addressed to Magistrate Judge Barbara C. Moses from John B. Simoni, Jr. dated 9/10/2019 re: Response showing cause why sanctions should not be imposed concerning the efforts of AIA to comply with the July 17, 2019 and August 26, 2019 Orders. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit Ex A_Meet and confer email, #2 Exhibit Ex B_Draft proposed letter and order, #3 Exhibit Ex C_August 29 email, #4 Exhibit Ex D_Morgan/Simon submission, #5 Exhibit Ex E_Simon Interrogatory responses, #6 Exhibit Ex F_August 30 email, #7 Exhibit Ex G_Morgan/Simon email)(Simoni, John)
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Filing 200
LETTER addressed to Judge Analisa Torres from Luke Nikas dated September 9, 2019 re: Request by the Estate for Leave to Amend. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1 - Letter dated September 9, 2019)(Nikas, Luke)
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Filing 199
LETTER REPLY to Response to Motion addressed to Judge Analisa Torres from Jessie F. Beeber dated September 5, 2019 re: #193 LETTER MOTION for Leave to File Second Amended Answer and Counterclaim addressed to Judge Analisa Torres from Jessie F. Beeber dated August 26, 2019. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Beeber, Jessie)
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Filing 198
ORDER: After carefully reviewing both letters, as well as the attached proposed orders, and for good cause shown, it is hereby ORDERED that AIA shall show cause in writing, no later than September 11, 2019, why it should not be sanctioned for its failure to comply with this Court's July 17 and August 26, 2019 orders. The discovery status conference previously scheduled for November 14, 2019, is adjourned to January 13, 2020, at 10:00 a.m., in Courtroom 20A. Fact discovery, including fact depositions, shall be completed no later than January 30, 2020. Expert discovery shall be completed no later than March 13, 2020. (As further set forth in this Order.) (Deposition due by 1/30/2020., Expert Discovery due by 3/13/2020., Fact Discovery due by 1/30/2020., Status Conference set for 1/13/2020 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/4/2019) (cf) (Main Document 198 replaced on 9/6/2019) (cf).
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Filing 197
RESPONSE re: #193 LETTER MOTION for Leave to File Second Amended Answer and Counterclaim addressed to Judge Analisa Torres from Jessie F. Beeber dated August 26, 2019. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nikas, Luke)
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Filing 196
NOTICE OF APPEARANCE by Hyun-Jeong Baek on behalf of American Image Art, Michael McKenzie. (Baek, Hyun-Jeong)
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Filing 195
LETTER addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated August 30, 2019 re: Request for Extension of Time to Complete Discovery. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit Exhibit A - Estate and Thomas Proposed Order, #2 Exhibit Exhibit B - Morgan Proposed Order)(Boyle, Edward)
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Filing 194
LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Barbara C. Moses from Michael McKenzie & AIA dated 8/30/19. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit Proposed Order_AIA, Estate, Thomas, #2 Exhibit Proposed Order_Morgan/Simon)(Simoni, John)
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Filing 193
LETTER MOTION for Leave to File Second Amended Answer and Counterclaim addressed to Judge Analisa Torres from Jessie F. Beeber dated August 26, 2019. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana).(Beeber, Jessie)
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Filing 192
ORDER: New counsel for defendants American Image Art and Michael McKenzie having appeared, the parties shall meet and confer in good faith to determine whether a revised discovery schedule is necessary, and shall submit a joint letter to the Court with their proposal(s) for such a schedule no later than August 30, 2019. (See Dkt. No. 188, paragraph 2.) (Signed by Magistrate Judge Barbara C. Moses on 8/26/2019) (cf)
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Filing 191
NOTICE OF APPEARANCE by John B. Simoni, Jr on behalf of American Image Art, Michael McKenzie. (Simoni, John)
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Filing 190
SEALED DOCUMENT placed in vault.(rz)
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Filing 189
AFFIDAVIT OF SERVICE of Order Granting Motion to Withdraw as Counsel served on Michael McKenzie on July 17, 2019. Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 188
ORDER granting #176 Motion to Withdraw as Attorney. Having carefully considered counsel's moving papers, as well as the responses and replies filed by Mr. McKenzie, MAF, and Dunnington, and good cause having been shown, Dunnington's motion for leave to withdraw as counsel for defendant is GRANTED. Deposition discovery in this action is STAYED until the earlier of August 16, 2019, or the date new counsel for the AIA Defendants appear in this action. The Clerk of Court is respectfully directed to terminate attorneys Raymond James Dowd and Hardin Parisher Rowley and mail a copy of this Order to (as further set forth in this Order.) This Order resolves the motion at Dkt. No. 176. Attorney Raymond James Dowd and Hardin Parisher Rowley terminated (Signed by Magistrate Judge Barbara C. Moses on 7/17/2019) (cf) Transmission to Docket Assistant Clerk for processing.
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Set/Reset Deadlines: Deposition due by 8/16/2019. (cf)
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Mailed a copy of #188 Order on Motion to Withdraw as Attorney, to American Image Art, Attn: Michael McKenzie, 361 Third Ave, New York, NY10016 and (2) American Image Art, Attn: Michael McKenzie, 171 Goldens Bridge Road,Katonah, NY 10536. (aea)
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Filing 187
AFFIDAVIT of Christopher Vidulich of Service. Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 186
REPLY MEMORANDUM OF LAW in Support re: #176 MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie. . Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 185
REPLY AFFIRMATION of Raymond J. Dowd in Support re: #176 MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie.. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dowd, Raymond)
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Filing 184
ANSWER to #91 Counterclaim. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 183
AMENDED ANSWER to #78 Amended Answer to Complaints, Counterclaim,,. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Nikas, Luke)
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Filing 182
AFFIDAVIT OF SERVICE of ECF 181 served on Michael McKenzie, American Image Art on July 3, 2019. Service was made by Mail and Email. Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 181
ORDER: The law firm Dunnington Bartholow & Miler LLP (Dunnington) having moved for leave to withdraw as counsel for defendants American Image Art and Michael McKenzie (together, the AIA defendants) pursuant to Local Civil Rule 1.4 (Dkt. No. 176), it is hereby ORDERED that, should either or both of the AIA defendants or any other party to this action oppose Dunnington's motion to withdraw, opposition papers must be served and filed no later than July 12, 2019. Any reply papers by Dunnington are due no later than July 16, 2019. (As further set forth in this Order.) (Responses due by 7/12/2019, Replies due by 7/16/2019.) (Signed by Magistrate Judge Barbara C. Moses on 7/3/2019) (cf)
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Filing 180
DECLARATION of Luke Nikas in Opposition re: #176 MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie.. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1)(Nikas, Luke)
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Filing 179
MEMORANDUM OF LAW in Opposition re: #176 MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie. Morgan Art Foundation Limited's Memorandum of Law in Partial Opposition to Dunnington Bartholow & Miller LLP's Motion for Leave to Withdraw as Counsel for American Image Art and Michael McKenzie. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 178
MEMORANDUM OF LAW in Support re: #176 MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie. . Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 177
DECLARATION of Raymond J. Dowd in Support re: #176 MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie.. Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 176
MOTION for Raymond J. Dowd, Hardin P. Rowley to Withdraw as Attorney for American Image Art and Michael McKenzie. Document filed by American Image Art, Michael McKenzie.(Dowd, Raymond)
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Filing 175
ORDER denying #101 Letter Motion to Stay ; granting in part and denying in part #105 Motion to Dismiss; granting in part and denying in part #110 Motion to Dismiss; granting #115 Motion to Dismiss. In conclusion, first, AIAs motion for an order staying Plaintiffs claims against AIA, ECF No. 101, is DENIED. Second, the Counterclaim Defendants' motion to dismiss the Estate''s counterclaims against it, ECF No. 105, is GRANTED in part and DENIED in part as follows: The Estate's First Counterclaim is DISMISSED; The Estate's Second Counterclaim is DISMISSED, except to the extent that it alleges a breach of the Sculpture Agreement with respect to the Semi-Precious Stone Sculptures; The Estate's Third Counterclaim is DISMISSED; The Estate's Fourth Counterclaim is DISMISSED, except to the extent that it alleges violations of VARA with respect to the Semi-Precious Stone Sculptures; The Estates Fifth and Sixth Counterclaims state claims and are not dismissed; The Estates Seventh Counterclaim is DISMISSED; and The Estates Eighth Counterclaim states a claim and is not dismissed. Third, Plaintiff's partial motion to dismiss AIA's counterclaims against it, ECF No. 110, is GRANTED in part and DENIED in part as follows: Third, Plaintiff's partial motion to dismiss AIA's counterclaims against it, ECF No. 110, is GRANTED in part and DENIED in part as follows: AIA's Fifth, Sixth, and Seventh Counterclaims are DISMISSED; and AIA's Eighth Counterclaim is DISMISSED, except to the extent that it alleges slander of title based on a statement by Plaintiff to the Contini Art Gallery. Finally, Thomass motion to dismiss AIAs crossclaims against it with prejudice, ECF No. 115, is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 101, 105, 110, and 115. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/1/2019) (cf)
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Filing 174
ORDER granting #173 Letter Motion for Extension of Time. All fact discovery, including depositions, shall be completed no later than October 25, 2019. Judge Moses will hold a discovery status conference on November 14, 2019 at 9:30 a.m. Expert discovery shall be completed no later than January 24, 2020. (As further set forth in this Order.) Deposition due by 10/25/2019. (Signed by Magistrate Judge Barbara C. Moses on 5/30/2019) (cf)
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Set/Reset Deadlines: (Expert Discovery due by 1/24/2020., Fact Discovery due by 10/25/2019.), Set/Reset Hearings:( Status Conference set for 11/14/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (cf) Modified on 5/30/2019 (cf).
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Filing 173
JOINT LETTER MOTION for Extension of Time Re: Deadlines Set Forth in the Civil Case Management Plan And Scheduling Order addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated May 28, 2019. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 (Proposed) Order)(Nikas, Luke)
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Filing 172
ORDER: It is therefore ORDERED that, no later than May 28, 2019, the MAF Parties, the Estate, and Thomas shall file a joint letter updating the Court on the progress of and the projected end-date for FTI's forensic examination, as well as their views on the impact of that anticipated end-date on the discovery schedule currently in place in this action and in Morgan Art II. The MAF Parties, the Estate, and Thomas shall confer with all other parties in this action, and include those parties positions, if any, in their joint letter. The MAF Parties shall also file a copy of their joint letter in Morgan Art II. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/22/2019) (cf)
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Filing 171
ORDER striking 170 Letter Motion for Leave to File Document. The Court will therefore STRIKE the Estate's letter-motion (Dkt. No. 170) without prejudice to the Estate refiling it in the correct action. Before refiling, the Estate is directed to meet and confer with all parties in Case No. 1:18-cv-08231 regarding all dates the parties in that action are available for a morning conference, the week of May 20, 2019, to discuss the issues raised in the letter-motion, and to include such dates in the refiled letter-motion. The Clerk of Court is respectfully directed to STRIKE the letter-motion at Dkt. No. 170. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/10/2019) (cf)
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Filing 170
LETTER MOTION for Leave to File Amended Answer, Defenses and Counterclaims to the First Amended Complaint addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated May 10, 2019. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: # 1 Proposed Amended Answer and Counterclaims, # 2 Exhibit A)(Beeber, Jessie)
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***STRICKEN DOCUMENT. Deleted the PDF attached to document number 170 from the case record. The document was stricken from this case pursuant to #171 Order on Motion for Leave to File Document. The entry remains on the docket. (cf)
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Filing 169
ORDER granting #168 Letter Motion for Extension of Time. All fact discovery, including depositions, shall be completed no later than June 18, 2019. Judge Moses will hold a discovery status conference on July 9, 2019, at 9:30 a.m. Expert discovery shall be completed no later than September 13, 2019. (As further set forth in this Order.) Deposition due by 6/18/2019. (Signed by Magistrate Judge Barbara C. Moses on 4/5/3029) (cf)
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Set/Reset Deadlines: ( Expert Discovery due by 9/13/2019., Fact Discovery due by 6/18/2019.), Set/Reset Hearings:(Status Conference set for 7/9/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (cf)
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Filing 168
LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated April 4, 2019. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit (Proposed) Order)(Nikas, Luke)
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Filing 167
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated March 29, 2019 re: Parties' Selection of FTI Consulting Technology LLC to Perform the Forensic Examination. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC.(Nikas, Luke)
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Filing 166
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 3/6/2019 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.(vba)
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Filing 165
TRANSCRIPT of Proceedings re: Discovery Conference held on 3/6/2019 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 4/17/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/25/2019.(vba)
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Filing 164
ORDER granting #163 Letter Motion for Extension of Time to File. Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 3/25/2019) (mro)
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Filing 163
JOINT LETTER MOTION for Extension of Time to File the joint letter referenced in paragraph 4 of the March 6th Order addressed to Magistrate Judge Barbara C. Moses from Susan J. Kohlmann dated March 22, 2019. Document filed by Jamie Thomas.(Kohlmann, Susan)
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Filing 162
NOTICE OF APPEARANCE by Ryan Adam Rakower on behalf of Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Rakower, Ryan)
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Set/Reset Hearings: Status Conference set for 5/28/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses. (cf)
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Filing 161
In light of the status conference now scheduled before Judge Moses on May 28, 2019, at 9:30 a.m. (Dkt. No. 139), the status conference previously scheduled for March 26, 2019, at 9:30 a.m. (Dkt. No. 118) will not proceed. The Clerk of Court is respectfully directed to remove the March 26, 2019 conference from the Court's calendar. (Signed by Magistrate Judge Barbara C. Moses on 3/20/19) (nws) Transmission to Docket Assistant Clerk for processing.
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Filing 160
NOTICE OF APPEARANCE by Kan Min Nawaday on behalf of James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Nawaday, Kan)
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Filing 159
CONSENT ORDER GRANTING SUBSTITUTION OF COUNSEL: The undersigned agree and consent that the law firm of Venable LLP is substituted in place of the law firm of Hogan Lovells US LLP as counsel of record for James W. Brannan as Personal Representative of the Estate of Robert Indiana in this action. Attorney Edward Patrick Boyle, Jessie F. Beeber, Kan Min Nawaday for James W Brannan. Attorney Dennis H. Tracey, III terminated. (Signed by Magistrate Judge Barbara C. Moses on 3/19/2019) (mro)
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Filing 158
NOTICE OF APPEARANCE by John Carlos Vazquez on behalf of James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Vazquez, John)
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Filing 157
NOTICE OF APPEARANCE by Jessie F. Beeber on behalf of James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Beeber, Jessie)
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Filing 156
DECLARATION of Dennis H. Tracey III in Support re: #155 Proposed Order for Substitution of Attorney. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Boyle, Edward)
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Filing 155
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Boyle, Edward)
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Filing 154
NOTICE OF APPEARANCE by Edward Patrick Boyle on behalf of James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Boyle, Edward)
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Filing 153
ORDER. It is hereby ORDERED that: 1. No later than March 8, 2019, the MAF Parties, defendant James W. Brannan, as the personal representative of the Estate of Robert Indiana (the Estate), and defendant Jamie Thomas (Thomas) shall exchange the names of proposed third-party experts to perform a forensic examination of the electronic devices and email accounts listed in paragraph 3 below. Each party may propose no more than two such experts, and shall disclose those experts' prior relationship(s) with the proposing party or its counsel, if any. 2. No later than March 22, 2019, the parties shall select an expert to perform the contemplated forensic examination. 3. Promptly upon the selection of an expert: a. The Estate shall provide to the expert: i. The desktop computer of Robert Indiana, which the expert shall mirror for forensic examination and promptly return to the Estate; and ii. The login credentials for Robert Indiana's AOL email address (robertoddfellow@aol.com). b. Thomas shall provide to the expert: i. His laptop computer, which the expert shall mirror for forensic examination and promptly return to him, as well as a copy of the mirror image previously made of Thomas's laptop on or about June 1, 2018; and ii. The login credentials of Thomas's Gmail email address (and any otheremail addresses used by him since May 2016). 4. No later than March 25, 2019, the MAF Parties, the Estate, and Thomas shall file a joint letter, updating the Court on: a. The identity of the expert they have selected; b. The scope of work they have agreed the expert will perform; c. Their best estimate of when the expert will complete that work; and d. Any issues that require judicial resolution. 5. At the conclusion of the expert's forensic examination, the expert shall provide a written report to each of the parties in this action. 6. The MAF Parties shall bear one third of the cost, and the Estate and Thomas shall together bear two thirds of the cost (to be determined amongst themselves) of the expert's work. This allocation is without prejudice to a reallocation of costs, if appropriate, after the conclusion of the expert's work and any further motion practice. 7. The Court reserves decision on whether and to what extent any party should be afforded additional deposition time with any witness in order to address the issues raised in the MAF Parties' letter-motion. 8. Except as stated herein, the discovery schedule set forth in the Court's Order dated January 31, 2019 (Dkt. No. 139) remains in place. This Order resolved the letter-motion at Dkt. No. 144. So ordered. Terminating #144 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 22, 2019. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Signed by Magistrate Judge Barbara C. Moses on 3/6/2019) (rjm) Modified on 3/7/2019 (rjm).
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 3/6/2019. (Snell, Kevin)
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Filing 152
MEMO ENDORSEMENT on re: #151 Letter, filed by James W Brannan. ENDORSEMENT: Judge Moses will conduct an informal discovery conference pursuant to Local Civil Rule 37.2 on March 6, 2019, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York, 10007. (Discovery Hearing set for 3/6/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/4/2019) (cf)
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Filing 151
LETTER addressed to Magistrate Judge Barbara C. Moses from Dennis H. Tracey, III dated March 1, 2019 re: March 6, 2019 Informal Discovery Conference 150 . Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana).(Tracey, Dennis)
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Filing 150
The Court has received and reviewed the letters at Dkt. Nos. 144, 145, 146, 147, 148, and 149. Judge Moses will conduct an informal discovery conference pursuant to Local Civil Rule 37.2 the week of March 4, 2019. The Court is available (1) on March 5, 2019, at 9:30 a.m., (2) on March 6, 2019, at 10:00 a.m., and (3) on March 7, 2019, at 11:00 a.m. The parties shall promptly meet and confer and advise the Court which day they have agreed upon. (Signed by Magistrate Judge Barbara C. Moses on 3/1/19) (nws)
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Filing 149
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated March 1, 2019 re: Reply to Letter dated February 27, 2019 (ECF No. 147). Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1)(Nikas, Luke)
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Filing 148
LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 28, 2019 re: Response to February 26, 2019 Letter [ECF No. 145]. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1 - Declaration of Maaren Shah)(Nikas, Luke)
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Filing 147
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Dennis H. Tracey, III dated February 27, 2019 re: #144 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 22, 2019. . Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tracey, Dennis)
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Filing 146
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #147) - LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Dennis H. Tracey dated February 27, 2019 re: #144 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 22, 2019. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tracey, Dennis) Modified on 2/28/2019 (ldi).
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Filing 145
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Susan J. Kohlmann dated February 26, 2019 re: #144 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 22, 2019. . Document filed by Jamie Thomas. (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)(Kohlmann, Susan)
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Filing 144
LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated February 22, 2019. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (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)(Nikas, Luke)
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Filing 143
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Civil Cause for Hearing proceeding held on 1/29/2019 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.(vba)
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Filing 142
TRANSCRIPT of Proceedings re: Civil Cause for Hearing held on 1/29/2019 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/28/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/8/2019.(vba)
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Filing 141
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Barbara C. Moses on 2/1/2019) (js)
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Filing 140
JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 31, 2019 re: Stipulated Confidentiality Agreement and Protective Order. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Exhibit 1-Stipulated Confidentiality Agreement and Protective Order)(Nikas, Luke)
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Filing 139
ORDER granting #138 Letter Motion for Extension of Time. All fact discovery, including depositions, shall be completed no later than May 7, 2019. Judge Moses will hold a discovery status conference on May 28, 2019, at 9:30 a.m. One week prior to that date, on May 21, 2019, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. Expert discovery shall be completed no later than August 2, 2019. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 1/31/2019) (cf)
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Set/Reset Deadlines: ( Expert Discovery due by 8/2/2019., Fact Discovery due by 5/7/2019.), Set/Reset Hearings:( Discovery Hearing set for 5/28/2019 at 09:30 AM before Judge Analisa Torres.) (cf)
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Filing 138
JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Dennis H. Tracey, III dated January 30, 2019. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Text of Proposed Order)(Tracey, Dennis)
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Filing 137
ORDER: granting in part #131 Letter Motion for Local Rule 37.2 Conference. For the reasons stated on the record at the January 29 conference, it is hereby ORDERED that plaintiff's letter-application is GRANTED IN PART, and certain related deadlines are established, as follows: The AIA Defendants shall continue to honor their discovery obligations in accordance with the Federal Rules of Civil Procedure and this Court's scheduling orders. All parties shall conduct themselves in accordance with Fed. R. Civ. P. 1 and Local Civil Rule 26.4. AIA is reminded that it is obligated not only to search for and produce documents and electronically stored information (ESI) from defendant McKenzie's personal files, including any email accounts he used for relevant communications, but also to make a reasonable search for documents and ESI in the physical custody of the studio assistants, contractors, and/or other workers who created, sent or received relevant documents while working for or on behalf of AIA. No later than February 28, 2019, the AIA Defendants shall, after conducting a reasonably diligent search, make an additional production of documents in response to Request No. 22, limited to the time period 2008 through the present. All parties to this action shall promptly meet and confer in good faith, by telephone or in person, concerning a stipulated protective order to govern the pre-trial phase of this action. No later than February 5, 2019, the parties shall submit a joint letter attaching their agreed-upon form of protective order. All parties to this action shall promptly meet and confer in good faith, by telephone or in person, concerning the need for and specifics of a proposed modified discovery schedule extending the deadlines set forth in the Court's Order dated November 21, 2018. (Dkt. No. 118.) No later than February5, 2019, the parties shall submit a joint letter attaching their agreed-upon modified schedule. All parties to this action (to the extent they have not already done so) shall meet and confer in good faith, by telephone or in person, no later than February19, 2019, regarding potential discovery issues concerning ESI. Counsel must discuss, among other things, sources of relevant ESI; steps taken or to be taken to preserve relevant ESI; identification of appropriate custodians; ESI search and review procedures; form of production of ESI; any limitations or anticipated difficulties regarding discovery or production of ESI; cost estimates; and proposals for containing or sharing costs. This Order resolves the letter-application at Dkt. No. 131. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/29/2019) (ama)
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Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 1/29/2019. (Snell, Kevin)
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Filing 136
LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 24, 2019 re: #131 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 17, 2019. . Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - New York Times Article dated September 21, 2018)(Nikas, Luke)
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Filing 135
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Hardin P. Rowley dated January 22, 2019 re: #131 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 17, 2019. . Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rowley, Hardin)
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Filing 134
ORDER granting #133 Letter Motion to Adjourn Conference. Application GRANTED. The discovery conference scheduled for January 25, 2019, at 10:00 a.m., is adjourned to January 29, 2019, at 8:30 a.m. The briefing schedule ordered m Dkt. No. 132 remains in place. Discovery Hearing set for 1/29/2019 at 08:30 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 1/22/2019) (mro)
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Filing 133
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Barbara C. Moses from Raymond J. Dowd dated January 18, 2019. Document filed by American Image Art, Michael McKenzie.(Dowd, Raymond)
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Filing 132
ORDER: Pursuant to II(E) of this Court's Individual Practices, the AIA defendants shall respond no later than January 22, 2019. Plaintiff's optional reply shall be filed no later than January 24, 2019. The Court will hold a discovery conference on Friday, January 25, 2019 at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York. (As further set forth in this Order.) (Responses due by 1/22/2019, Replies due by 1/24/2019., Discovery Hearing set for 1/25/2019 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/18/2019) (cf)
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Filing 131
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 17, 2019. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - Plaintiff's First Request for Production of Documents, #2 Exhibit 2 - Responses and Objections, #3 Exhibit 3 - Plaintiff's Second Request for Production of Documents, #4 Exhibit 4 - Notice of Deposition, #5 Exhibit 5 - Exhibit A to Notice of Deposition, #6 Exhibit 6 - Letter dated January 7, 2019)(Nikas, Luke)
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Filing 130
REPLY MEMORANDUM OF LAW in Support re: #115 MOTION to Dismiss Crossclaims of Crossclaimants Michael McKenzie and American Image Art. . Document filed by Jamie Thomas. (Kohlmann, Susan)
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Filing 129
DECLARATION of Luke Nikas in Support re: #110 MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art.. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit 1 - Article dated May 23, 2018, #2 Exhibit 2 - Article dated May 18, 2018)(Nikas, Luke)
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Filing 128
REPLY MEMORANDUM OF LAW in Support re: #110 MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art. . Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 127
ORDER: The case management conference scheduled for January 7, 2019, is ADJOURNED sine die. (Signed by Judge Analisa Torres on 12/13/2018) (cf)
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Filing 126
MEMORANDUM OF LAW in Opposition re: #115 MOTION to Dismiss Crossclaims of Crossclaimants Michael McKenzie and American Image Art. . Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 125
MEMORANDUM OF LAW in Opposition re: #110 MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art. . Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 124
DECLARATION of Raymond J. Dowd in Opposition re: #110 MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art.. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit 1 - Maine Complaint, #2 Exhibit 2 - Indiana Deposition Excerpts, #3 Exhibit 3 - Gilbert Transcript Excerpts, #4 Exhibit 4 - NYTimes Story)(Rowley, Hardin)
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Filing 123
AFFIDAVIT OF SERVICE of ECF 120 & 121 (Unredacted) on December 4, 2018. Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 122
DECLARATION of Christopher Vidulich re: #120 Reply Affirmation in Support of Motion,,, #121 Reply Memorandum of Law in Support of Motion Declaration of Service. Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 121
REPLY MEMORANDUM OF LAW in Support re: #101 MOTION to Stay . REDACTED. Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 120
REPLY AFFIRMATION of Hardin P. Rowley in Support re: #101 MOTION to Stay .. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit 1 - AMERIM000028-29, #2 Exhibit 2 - AMERIM000030-33, AMERIM000036, AMERIM000038, #3 Exhibit 3 - Gilbert Deposition Excerpts, #4 Exhibit 4 - Wayne Flaherty Record, #5 Exhibit 5 - Indiana Deposition Excerpts, #6 Exhibit 6 - MART Production Letter, #7 Exhibit 7 - MAF0000169 REDACTED, #8 Exhibit 8 - MAF0000013-18 REDACTED, #9 Exhibit 9 - MAF000062-65 REDACTED, #10 Exhibit 10 - MAF000075-77 REDACTED, #11 Exhibit 11 - Press Releases, #12 Exhibit 12 - MAF0000060, #13 Exhibit 13 - Joao Tovar, #14 Exhibit 14 - MAF0000034-37 REDACTED)(Rowley, Hardin)
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Filing 119
REPLY MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Nikas, Luke)
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Filing 118
ORDER granting in part and denying in part #109 Letter Motion for Extension of Time. The Court has received and reviewed the parties' letter-application dated November 19, 2018 (Dkt. No. 109), seeking "an extension of 75 days to the deadlines set forth in the Civil Case Management Plan And Scheduling Order." (Dkt. No. 34.) The parties' letter-application is within the scope of my reference from the District Judge (Dkt. No. 36), and is GRANTED IN PART as follows: All fact discovery, including depositions, shall be completed no later than March 8, 2019. Judge Moses will hold a discovery status conference on March 26, 2019, at 9:30 a.m. Expert discovery shall be completed no later than June 3, 2019. (As further set forth in this Order.) Deposition due by 3/8/2019. (Signed by Magistrate Judge Barbara C. Moses on 11/21/2018) (cf)
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Set/Reset Deadlines: (Expert Discovery due by 6/3/2019., Fact Discovery due by 3/8/2019.), Set/Reset Hearings:(Status Conference set for 3/26/2019 at 09:30 AM before Magistrate Judge Barbara C. Moses.) (cf)
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Filing 117
MEMORANDUM OF LAW in Opposition re: #105 MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis)
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Filing 116
MEMORANDUM OF LAW in Support re: #115 MOTION to Dismiss Crossclaims of Crossclaimants Michael McKenzie and American Image Art. . Document filed by Jamie Thomas. (Kohlmann, Susan)
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Filing 115
MOTION to Dismiss Crossclaims of Crossclaimants Michael McKenzie and American Image Art. Document filed by Jamie Thomas.(Kohlmann, Susan)
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Filing 114
DECLARATION of Luke Nikas in Opposition re: #101 MOTION to Stay .. Document filed by Morgan Art Foundation Limited. (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)(Nikas, Luke)
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Filing 113
MEMORANDUM OF LAW in Opposition re: #101 MOTION to Stay . . Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 112
DECLARATION of Luke Nikas in Support re: #110 MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art.. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit A - New York Times Article, dated August 1, 2018, #2 Exhibit B - New York Times Article, dated September 21, 2018)(Nikas, Luke)
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Filing 111
MEMORANDUM OF LAW in Support re: #110 MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art. . Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 110
MOTION to Dismiss / Morgan Art Foundation Limited's Notice of Partial Motion to Dismiss the Verified Third Amended Counter-Claims of Michael McKenzie and American Image Art. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 109
JOINT LETTER MOTION for Extension of Time of 75 days to the deadlines set forth in the Civil Case Management Plan and Scheduling Order addressed to Judge Analisa Torres from Luke Nikas dated November 19, 2018. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Attachments: #1 Proposed order)(Nikas, Luke)
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Filing 108
MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (Nikas, Luke)
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Filing 107
DECLARATION of Luke Nikas in Support re: #105 MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana.. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. (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)(Nikas, Luke)
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Filing 106
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (See #108) MEMORANDUM OF LAW in Support re: #105 MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro. (Nikas, Luke) Modified on 11/7/2018 (kj).
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Filing 105
MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC.(Nikas, Luke)
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Filing 104
MEMORANDUM OF LAW in Support re: #101 MOTION to Stay . . Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 103
DECLARATION of Michael McKenzie in Support re: #101 MOTION to Stay .. Document filed by American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 102
DECLARATION of Hardin P. Rowley in Support re: #101 MOTION to Stay .. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit 1 - MART Offshore Leaks, #2 Exhibit 2 - Selvi Trustee Reg., #3 Exhibit 3 - Sofidev Fiduciaire, #4 Exhibit 4 - Sofidev Fiduciaire S.A., #5 Exhibit 5 - Rochemont Offshore Leaks, #6 Exhibit 6 - Swiss Rochemont Excerpts, #7 Exhibit 7 - Alpadis, #8 Exhibit 8 - Morgan Art SA, #9 Exhibit 9 - RI US MART SA Copyright, #10 Exhibit 10 - Morgan Art LP (UK), #11 Exhibit 11 - GP Change, #12 Exhibit 12 - Art Project, #13 Exhibit 13 - Panama Papers, #14 Exhibit 14 - Love Statue, #15 Exhibit 15 - Who Owns Love, #16 Exhibit 16 - Indiana Will, #17 Exhibit 17 - Maine Probate Transcript Excerpts, #18 Exhibit 18 - MART Discovery Responses, #19 Exhibit 19 - Swiss Reservations)(Dowd, Raymond)
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Filing 101
MOTION to Stay . Document filed by American Image Art, Michael McKenzie.(Dowd, Raymond)
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Filing 100
ORDER: Having reviewed the letter of Morgan Art Foundation Limited ("Morgan") dated October 19, 2018, ECF No. 96, and the letter of American Image Art and Michael McKenzie (together, "AIA") dated October 26, 2018, ECF No. 98, it is hereby ORDERED that: 1. By November 20, 2018, Morgan shall file its motion to dismiss AIA's counterclaims; 2. By December 11, 2018, AIA shall file its opposition; and 3. By December 21, 2018, Morgan shall file its reply, if any. (Signed by Judge Analisa Torres on 10/29/2018) (cf)
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Filing 99
ORDER: Having reviewed the letter of Jamie Thomas ("Thomas") dated October 19, 2018, ECF No. 95, and the letter of American Image Art and Michael McKenzie (together, "AIA") dated October 26, 2018, ECF No. 97, it is hereby ORDERED that: 1. By November 20, 2018, Thomas shall file his motion to dismiss AIA's crossclaims; 2. By December 11, 2018, AIA shall file its opposition; and 3. By December 21, 2018, Thomas shall file his reply, if any. (Motions due by 11/20/2018., Responses due by 12/11/2018, Replies due by 12/21/2018.) (Signed by Judge Analisa Torres on 10/29/2018) (cf) Modified on 10/29/2018 (cf).
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Filing 98
LETTER addressed to Judge Analisa Torres from Raymond J. Dowd dated October 26, 2018 re: Opposition to LETTER addressed to Judge Analisa Torres from Luke Nikas dated October 19, 2018 (ECF 96). Document filed by American Image Art, Michael McKenzie.(Dowd, Raymond)
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Filing 97
LETTER addressed to Judge Analisa Torres from Raymond J. Dowd dated October 26, 2018 re: Opposition to LETTER addressed to Judge Analisa Torres from Susan J. Kohlmann dated October 19, 2018 (ECF 95). Document filed by American Image Art, Michael McKenzie.(Dowd, Raymond)
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Filing 96
LETTER addressed to Judge Analisa Torres from Luke Nikas dated October 19, 2018 re: Opposition to AIA's Amended Counterclaims [DKT. No. 91]. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 95
LETTER addressed to Judge Analisa Torres from Susan J. Kohlmann dated October 19, 2018 re: a briefing schedule for Jamie Thomas to move to dismiss the four crossclaims alledged against him in Crossclaimants' Verified Third Amended Answer, Counterclaims, and Crossclaims. Document filed by Jamie Thomas.(Kohlmann, Susan)
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Filing 94
ORDER granting #69 Motion to Compel Arbitration. Accordingly, it is hereby ORDERED that: 1. The Estates motion to compel arbitration of AIA's crossclaims against the Estate and to stay those claims in this proceeding, ECF No. 69, is GRANTED; 2. By November 6, 2018, AIA shall file its motion to stay Plaintiff's claims against it; 3. By November 20, 2018, Plaintiff shall file its opposition; and 4. By December 4, 2018, AIA shall file its reply, if any. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 10/9/2018) (cf)
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Filing 93
ORDER: 1. By November 6, 2018, the Moving Parties shall file their motion to dismiss the Estate's counterclaims; 2. By November 20, 2018, the Estate shall file its opposition; and 3. By December 4, 2018, the Moving Parties shall file their reply, if any. (As further set forth in this Order.) (Motions due by 11/6/2018., Responses due by 11/20/2018, Replies due by 12/4/2018.) (Signed by Judge Analisa Torres on 10/9/2018) (cf)
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Filing 92
LETTER addressed to Judge Analisa Torres from Dennis H. Tracey, III dated October 5, 2018 re: in response to the Pre-Motion Letter filed on September 28, 2018 #86 . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana).(Tracey, Dennis)
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Set/Reset Deadlines: Motions due by 11/6/2018. Responses due by 11/20/2018 Replies due by 12/4/2018. (cf)
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Filing 91
ANSWER to #47 Amended Complaint with JURY DEMAND., CROSSCLAIM against Jamie Thomas, James W Brannan(Personal Representative of the Estate of Robert Indiana), James W Brannan(As Personal Representative of the Estate of Robert Indiana)., COUNTERCLAIM against Morgan Art Foundation Limited. Document filed by Michael McKenzie, American Image Art. (Attachments: #1 Exhibit A - Cease and Desist Letters, #2 Exhibit B - Hope Contract, #3 Exhibit C - Hope Addendum 2010, #4 Exhibit D - Hope Addendum 2011, #5 Exhibit E - Wine Contract 2011, #6 Exhibit F - Wine Addendum 2012, #7 Exhibit G - Royalty Check, #8 Exhibit H - Royalty, #9 Exhibit I - Royalty, #10 Exhibit J - Royalty, #11 Exhibit K - Royalty, #12 Exhibit L - Royalty, #13 Exhibit M - Royalty, #14 Exhibit N - Royalty, #15 Exhibit O - Tracey Email, #16 Exhibit P - Petition for Discovery, #17 Exhibit Q - Unsigned Hope Contract, #18 Exhibit R - Arbitration Demand, #19 Affidavit Verification)(Rowley, Hardin)
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Filing 90
LETTER addressed to Judge Analisa Torres from Raymond J. Dowd dated October 4, 2018 re: Plaintiff Morgan Art Foundation Limiteds letter of September 27, 2018 (ECF 83).. Document filed by American Image Art, Michael McKenzie.(Rowley, Hardin)
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Filing 89
MEMO ENDORSEMENT on re: #85 Letter filed by Morgan Art Foundation Limited. ENDORSEMENT: DENIED as moot. The Honorable Barbara C. Moses granted the request of American Image Ali and Michael McKenzie to amend their Second Amended Answer, Counter-Claims, and Cross-Claims (the "Second Answer"). ECF No. 88. Accordingly, Plaintiff's request for leave to file a motion to dismiss the counterclaims in the Second Answer is DENIED as moot. SO ORDERED. (Signed by Judge Analisa Torres on 10/2/2018) (jca)
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Filing 88
ORDER granting in part #84 Letter Motion for Leave to File Document. The AIA Parties may file a Third Amended Answer, Counter-Claims, and Cross-Claims no later than Friday, October 5, 2018. MAF and Thomas must answer or otherwise respond to the Third Amended Answer, Counter-Claims, and Cross-Claims no later than October 19, 2018. If MAF or Thomas move to dismiss all or part of the AIA Parties' claims against them, no further leave to amend those claims will be granted prior to the disposition of the motion(s) to dismiss. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/2/2018) (jca)
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Filing 87
REPLY MEMORANDUM OF LAW in Support re: #69 MOTION to Compel Arbitration . . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis)
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Filing 86
LETTER addressed to Judge Analisa Torres from Luke Nikas dated September 28, 2018 re: Estate's Amended Counterclaims. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC.(Nikas, Luke)
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Filing 85
LETTER addressed to Judge Analisa Torres from Luke Nikas dated September 28, 2018 re: AIA's Second Amended Counterclaims. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 84
LETTER MOTION for Leave to File Third Amended Answer addressed to Judge Analisa Torres from Raymond Dowd dated September 28, 2018. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A - Letter to R. Dowd dated 9/28/18)(Rowley, Hardin)
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Filing 83
LETTER addressed to Judge Analisa Torres from Luke Nikas dated September 27, 2018 re: Defendants Michael McKenzie and American Image Art's Opposition (Dkt.80). Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 82
ORDER granting #81 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Analisa Torres on 9/25/2018) (js)
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Filing 81
LETTER MOTION for Extension of Time for the Estate to respond to cross-claims asserted in the Verified Second Amended Answer, Counter-claims, and Cross-claims of Michael McKenzie and American Image Art addressed to Judge Analisa Torres from Dennis H. Tracey, III dated September 24, 2018. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana).(Tracey, Dennis)
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Filing 80
RESPONSE to Motion re: #69 MOTION to Compel Arbitration . Memorandum of Law. Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 79
RESPONSE to Motion re: #69 MOTION to Compel Arbitration . Declaration of Raymond J. Dowd. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit 1 - Petition for Discovery, #2 Exhibit 2 - American Image's First Discovery Demands, #3 Exhibit 3 - Amended Petition for Discovery, #4 Exhibit 4 - Estate's Responses and Objections, #5 Exhibit 5 - American Image's Objections to Petition, #6 Exhibit 6 - Transcript Excerpt, #7 Exhibit 7 - Estate's Discovery Demands)(Rowley, Hardin)
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Filing 78
AMENDED ANSWER to #47 Amended Complaint., COUNTERCLAIM against Figure 5 Art LLC, Morgan Art Foundation Limited, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook LLC. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tracey, Dennis)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dennis H. Tracey, III to RE-FILE Document No. #75 Request for Issuance of Summons, #77 Request for Issuance of Summons, #74 Request for Issuance of Summons, #76 Request for Issuance of Summons, #73 Request for Issuance of Summons, #72 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption error. Caption must correspond with the pleading (counterclaim). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)
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Filing 77
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to EMELINE SALAMA-CARO, re: #62 Answer to Amended Complaint, Counterclaim. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/12/2018 (sj).
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Filing 76
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to MARC SALAMA-CARO, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/12/2018 (sj).
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Filing 75
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to SIMON SALAMA-CARO, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/12/2018 (sj).
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Filing 74
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to RI CATALOGUE RAISONNE LLC, re: #62 Answer to Amended Complaint, Counterclaim. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/12/2018 (sj).
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Filing 73
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to SHEARBROOK (US), LLC, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/12/2018 (sj).
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Filing 72
FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to FIGURE 5 ART LLC, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(As Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/12/2018 (sj).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dennis H. Tracey to RE-FILE Document No. #64 Request for Issuance of Summons, #65 Request for Issuance of Summons, #63 Request for Issuance of Summons, #66 Request for Issuance of Summons, #67 Request for Issuance of Summons, #68 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant name Error, the PDF attached to the docket entry for the issuance of summons is not correct, the defendant name listed does not correspond to pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 71
MEMORANDUM OF LAW in Support re: #69 MOTION to Compel Arbitration . . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis)
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Filing 70
DECLARATION of Dennis H. Tracey, III in Support re: #69 MOTION to Compel Arbitration .. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (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)(Tracey, Dennis)
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Filing 69
MOTION to Compel Arbitration . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana).(Tracey, Dennis)
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Filing 68
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to EMELINE SALAMA-CARO, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/10/2018 (vf).
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Filing 67
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MARC SALAMA-CARO, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/10/2018 (vf).
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Filing 66
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SIMON SALAMA-CARO, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/10/2018 (vf).
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Filing 65
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to RI CATALOGUE RAISONNE LLC, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/10/2018 (vf).
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Filing 64
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to SHEARBROOK LLC, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/10/2018 (vf).
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Filing 63
FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to FIGURE 5 ART LLC, re: #62 Answer to Amended Complaint,, Counterclaim,. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis) Modified on 9/10/2018 (vf).
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Filing 62
ANSWER to #47 Amended Complaint., COUNTERCLAIM against Morgan Art Foundation Limited, Morgan Consolidated Ltd., Figure 5 Art LLC, Ri Catalogue Raisonne LLC, Simon Salama-Caro, Marc Salama-Caro, Emeline Salama-Caro, Shearbrook LLC. Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tracey, Dennis)
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Filing 61
ANSWER to #47 Amended Complaint with JURY DEMAND., CROSSCLAIM against Jamie Thomas, James W Brannan., COUNTERCLAIM against Morgan Art Foundation Limited. Document filed by Michael McKenzie, American Image Art. (Attachments: #1 Exhibit A - Cease and Desist Letters, #2 Exhibit B - Hope Contract, #3 Exhibit C - Hope Addendum, #4 Exhibit D - Hope Addendum 2011, #5 Exhibit E - Wine Contract 2011, #6 Exhibit F - Wine Addendum 2012, #7 Exhibit G - Royalty 2010, #8 Exhibit H - Royalty 2015, #9 Exhibit I - Royalty 2015, #10 Exhibit J - Royalty 2016, #11 Exhibit K - Royalty 2017, #12 Exhibit L - Royalty 2017, #13 Exhibit M - Royalty 2017, #14 Exhibit N - Royalty 2018, #15 Exhibit O - Tracey Email, #16 Exhibit P - Petition for Discovery, #17 Exhibit Q - Unsigned HOPE Contract, #18 Exhibit R - Arbitration Demand, #19 Affidavit Verification)(Rowley, Hardin)
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Filing 60
ANSWER to #47 Amended Complaint. Document filed by Jamie Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kohlmann, Susan)
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Filing 59
ORDER: 1. By September 7, 2018, the Estate shall file its motion to compel arbitration; 2. By September 21, 2018, Plaintiff and AIA shall file their oppositions; and 3. By September 28, 2018, the Estate shall file its replies, if any. (As further set forth in this Order.) (Motions due by 9/7/2018., Responses due by 9/21/2018, Replies due by 9/28/2018.) (Signed by Judge Analisa Torres on 8/20/2018) (cf)
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Filing 58
RESPONSE re: #52 Response in Opposition to Motion, . Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 57
DECLARATION of Luke Nikas of Service of the First Amended Complaint (Dkt. 47); Summons to James W. Brannan As Personal Representative of the Estate of Robert Indiana (Dkt. 51); Judge Torres' Individual Practices in Civil Cases; and the Southern District of New York's Electronic Case Filing Rules and Instructions, by electronic mail. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 56
ORDER granting #55 Letter Motion for Extension of Time. Defendants shall have to and including September 7, 2018 to respond to Plaintiff Morgan Ali Foundation's First Amended Complaint (Dkt. No. 47); the parties shall have to and including September 28, 2018 to respond to any counterclaims or crossclaims asserted in any pleadings to be filed by September 7, 2018; Paragraph 3 of the Civil Case Management Plan and Scheduling Order (Dkt. No. 34) shall be amended to extend the time to join additional parties to and including September 7, 2018 to align with the date by which Defendants must respond to the First Amended Complaint. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 8/14/2018) (cf)
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Set/Reset Deadlines: All Defendants. Admissions due by 9/7/2018. Joinder of Parties due by 9/7/2018. (cf)
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Filing 55
JOINT LETTER MOTION for Extension of Time for Defendants to respond to First Amended Complaint; for all parties to respond to any crossclaims and counterclaims filed in response to the First Amended Complaint; to join additional parties; for an Order stating the Crossclaim-Defendants Jamie Thomas and James Brannan, as the personal representative of the Estate of Robert Indiana, and Counterclaim-Defendant Morgan need not respond to the Amended Answer, Counterclaims and Crossclaims filed by Michael McKenzie and American Image on August 3, 2018 addressed to Judge Analisa Torres from Susan J. Kohlmann dated August 10, 2018. Document filed by Jamie Thomas. (Attachments: #1 Text of Proposed Order)(Kohlmann, Susan)
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Filing 54
LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Dennis H. Tracey, III dated August 10, 2018 re: #46 LETTER MOTION for Leave to File Motion to Compel Arbitration addressed to Judge Analisa Torres from Raymond Dowd dated August 3, 2018. . Document filed by James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis)
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Filing 53
ORDER: granting in part and denying in part #46 Letter Motion for Leave to File Document. The Court is in receipt of Defendants American Image Art and Michael McKenzie's (the "Moving Defendants") letter dated August 3, 2018, ECF No. 46, and Plaintiff's response dated August 10, 2018, ECF No. 52. The Moving Defendants seek leave to file a motion to compel arbitration of this dispute (the "Motion") and to stay discovery pending the Court's determination of the Motion. The Moving Defendants' request is GRANTED in part and DENIED in part. It is hereby ORDERED that: 1. By September 7, 2018, the Moving Defendants shall file the Motion; 2. By September 21, 2018, Plaintiff shall file its opposition; and 3. By September 28, 2018, the Moving Defendants shall file their reply, if any. Discovery shall proceed pending the Court's determination of the Motion.SO ORDERED. (Signed by Judge Analisa Torres on 8/10/2018) (ama)
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Filing 52
LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from Luke Nikas dated August 10, 2018 re: #46 LETTER MOTION for Leave to File Motion to Compel Arbitration addressed to Judge Analisa Torres from Raymond Dowd dated August 3, 2018. . Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Set/Reset Deadlines: Motions due by 9/7/2018. Responses due by 9/21/2018 Replies due by 9/28/2018. (ama)
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Filing 51
ELECTRONIC SUMMONS ISSUED as to James W Brannan(Personal Representative of the Estate of Robert Indiana). (sj)
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Filing 50
REQUEST FOR ISSUANCE OF SUMMONS as to James W. Brannan as Personal Representative of the Estate of Robert Indiana, re: #47 Amended Complaint. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 49
NOTICE OF APPEARANCE by Dennis H. Tracey, III on behalf of James W Brannan(Personal Representative of the Estate of Robert Indiana). (Tracey, Dennis)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luke William Nikas to RE-FILE Document No. #48 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the wrong event type was used to file the request for issuance of summons; An amended summons can only be issued to parties that were already issued one. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 48
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to James W. Brannan As Personal Representative of the Estate of Robert Indiana, re: #47 Amended Complaint. Document filed by Morgan Art Foundation Limited. (Nikas, Luke) Modified on 8/6/2018 (pc).
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Filing 47
AMENDED COMPLAINT amending #1 Complaint against American Image Art, Michael McKenzie, Jamie Thomas, James W Brannan with JURY DEMAND.Document filed by Morgan Art Foundation Limited. Related document: #1 Complaint.(Nikas, Luke)
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Filing 46
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Motion to Compel Arbitration addressed to Judge Analisa Torres from Raymond Dowd dated August 3, 2018. Document filed by American Image Art, Michael McKenzie.(Rowley, Hardin) Modified on 8/15/2018 (ldi).
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Filing 45
AMENDED ANSWER to #1 Complaint with JURY DEMAND., CROSSCLAIM against James W Brannan, Jamie Thomas., COUNTERCLAIM against Morgan Art Foundation Limited. Document filed by Michael McKenzie, American Image Art. (Attachments: #1 Exhibit A - Cease and Desist Letters, #2 Exhibit B - Hope Contract, #3 Exhibit C - Hope Addendum 2010, #4 Exhibit D - Hope Addendum 2011, #5 Exhibit E - Wine Contract 2011, #6 Exhibit F - Wine Addendum 2012, #7 Exhibit G - Royalty 2010, #8 Exhibit H - Royalty 2015, #9 Exhibit I - Royalty 2015, #10 Exhibit J - Royalty 2016, #11 Exhibit K - Royalty 2017, #12 Exhibit L - Royalty 2017, #13 Exhibit M - Royalty 2017, #14 Exhibit N - Royalty 2018, #15 Exhibit O - Tracey Email, #16 Exhibit P - Petition for Discovery, #17 Exhibit Q - Unsigned Hope Contract, #18 Exhibit R - Arbitration Demand, #19 Affidavit Verification)(Rowley, Hardin)
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Filing 44
STIPULATION: The Estate may answer or otherwise respond to American Image's cross-claims by September 7, 2018. (As further set forth in this Order.) The parties are reminded that all non-dispositive pre-trial motions and applications must be made to Judge Moses in accordance with the Court's Individual Practices. (See Dkt. No. 41 and 1.) In addition, as the parties have previously been advise (Dkt. No. 38), extension requests must be made by letter-motion. See Part I.A. of this Court's Individual Practices. (Signed by Magistrate Judge Barbara C. Moses on 8/2/2018) (cf)
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Filing 43
STIPULATION AND ORDER: The Estate may answer or otherwise respond to American Image's cross-claims by September 7, 2018. (As further set forth in this Order.) James W Brannan answer due 9/7/2018; Jamie Thomas answer due 9/7/2018. (Signed by Judge Analisa Torres on 8/2/2018) (cf) Modified on 8/2/2018 (cf). Modified on 10/24/2018 (cf).
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Filing 42
PROPOSED STIPULATION AND ORDER. Document filed by American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 41
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). (As further set forth in this Order.) If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. (Signed by Magistrate Judge Barbara C. Moses on 7/30/2018) (cf)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time: GRANTED. By September 5, 2018, Plaintiff shall answer or otherwise respond to Defendants' counterclaims. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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Filing 39
LETTER MOTION for Extension of Time to answer, respond to, or otherwise move against the counterclaims brought by Defendants Michael McKenzie and American Image Art addressed to Judge Analisa Torres from Luke Nikas dated July 26, 2018. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Text of Proposed Order)(Nikas, Luke)
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Filing 38
ORDER: The Court has received a signed stipulation from the Orders and Judgments Clerk concerning Plaintiff's deadline to answer Defendants' counterclaims. Pursuant to Rule I(C) of the Court's Individual Practices in Civil Cases, "[a]ll requests for adjournments or extensions of time shall be made in writing and filed on ECF as letter motions in accordance with Rule I(B)." If Plaintiff wishes to request an extension of time, it must do so in accordance with Rule I(C). (Signed by Judge Analisa Torres on 7/26/2018) (Torres, Analisa)
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Filing 37
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that Thomas will have to and including September 5, 2018 to answer, respond to, or otherwise move against Cross-Claimants' crossclaims. (As further set forth in this Order.) Jamie Thomas answer due 9/5/2018. (Signed by Judge Analisa Torres on 7/25/2018) (cf)
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Filing 36
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Analisa Torres on 7/24/2018) (cf)
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Filing 35
ORDER denying as moot #27 Letter Motion for Leave to File Document. 1. Plaintiff's pre-motion letter seeking leave to file a motion to substitute parties, ECF No. 27, is DENIED as moot; and 2. The Clerk of Court is directed to substitute James W. Brannan as Personal Representative of the Estate of Robert Indiana for Defendant Robert Indiana. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/23/2018) (cf)
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Filing 34
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. All fact discovery shall be completed no later than December 21, 2018. Depositions to be completed by December 21, 2018. All expert discovery shall be completed no later than March 20, 2019. Counsel for the parties have conferred and their present best estimate of the length of trial is: 10-14 days. The next Case Management Conference is scheduled for January 7, 2019, at 3:30 p.m. (As further set forth in this Order.) Deposition due by 12/21/2018. Fact Discovery due by 12/21/2018. Expert Discovery due by 3/20/2019. Case Management Conference set for 1/7/2019 at 03:30 PM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/23/2018) (cf)
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Filing 33
Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 7/23/2018. (DCM)
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Filing 32
JOINT LETTER addressed to Judge Analisa Torres from Luke Nikas dated July 16, 2018 re: Pretrial Conference Order. Document filed by Morgan Art Foundation Limited. (Attachments: #1 Exhibit A to Joint Letter, #2 Proposed Civil Case Management and Scheduling Order)(Nikas, Luke)
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Filing 31
JOINT LETTER addressed to Judge Analisa Torres from Raymond J. Dowd dated July 16, 2018 re: Proceeding Before Magistrate Judge. Document filed by American Image Art, Michael McKenzie.(Dowd, Raymond)
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Filing 30
ANSWER to #1 Complaint. Document filed by Jamie Thomas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kohlmann, Susan)
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Filing 29
ANSWER to #1 Complaint with JURY DEMAND., CROSSCLAIM against Jamie Thomas, Robert Indiana., COUNTERCLAIM against Morgan Art Foundation Limited. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A - Cease and Desist Letter, #2 Exhibit B - Hope Contract, #3 Exhibit C - Hope Addendum 2010, #4 Exhibit D - Hope Addendum 2011, #5 Exhibit E - Wine Contract 2011, #6 Exhibit F - Wine Addendum 2012, #7 Exhibit G - Royalty 2010, #8 Exhibit H - Royalty 2015, #9 Exhibit I - Royalty 2015, #10 Exhibit J - Royalty 2016, #11 Exhibit K - Royalty 2017, #12 Exhibit L - Royalty 2017, #13 Exhibit M - Royalty 2017, #14 Exhibit N - Royalty 2018, #15 Affidavit Verification)(Dowd, Raymond)
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Filing 28
ORDER granting #26 Motion for John D. Frumer to Appear Pro Hac Vice: GRANTED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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Filing 27
LETTER MOTION for Leave to File motion to substitute the Personal Representative of the Estate of Robert Indiana in place of Defendant Robert Indiana addressed to Judge Analisa Torres from Luke Nikas dated July 12, 2018. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 26
MOTION for John D. Frumer to Appear Pro Hac Vice for Defendant Jamie Thomas. Filing fee $ 200.00, receipt number 0208-15316603. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jamie Thomas. (Attachments: #1 Affidavit of John D. Frumer, #2 Exhibit 1 - Certificate of Service (Massachusetts), #3 Exhibit 2 - Certificate of Service (Maine), #4 Text of Proposed Order)(Frumer, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for John D. Frumer to Appear Pro Hac Vice for Defendant Jamie Thomas. Filing fee $ 200.00, receipt number 0208-15316603. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 25
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (sj)
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Filing 24
ORDER granting #19 Letter Motion for Extension of Time to Answer re #19 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Raymond Dowd dated June 8, 2018. All Defendants shall answer or otherwise respond to the complaint by 7/13/2018. The request for a stay of this action is DENIED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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Filing 23
AFFIDAVIT OF SERVICE. Jamie Thomas served on 5/23/2018, answer due 6/13/2018. Service was accepted by Jamie Thomas, personally. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 22
AFFIDAVIT OF SERVICE. American Image Art served on 5/24/2018, answer due 6/14/2018. Service was accepted by Michael McKenzie, Principal. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 21
AFFIDAVIT OF SERVICE. Michael McKenzie served on 5/24/2018, answer due 6/14/2018. Service was accepted by Michael McKenzie, personally. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 20
NOTICE OF APPEARANCE by Susan Joan Kohlmann on behalf of Jamie Thomas. (Kohlmann, Susan)
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Filing 19
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Analisa Torres from Raymond Dowd dated June 8, 2018. Document filed by American Image Art, Michael McKenzie. (Attachments: #1 Exhibit A - Frumer Letter)(Dowd, Raymond)
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Filing 18
NOTICE OF APPEARANCE by Hardin Parisher Rowley on behalf of American Image Art, Michael McKenzie. (Rowley, Hardin)
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Filing 17
NOTICE OF APPEARANCE by Raymond James Dowd on behalf of American Image Art, Michael McKenzie. (Dowd, Raymond)
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Filing 16
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Nikas, Luke)
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Filing 15
FILING ERROR - DEFICIENT AO 120 FORM TRADEMARK PDF BLANK AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Nikas, Luke) Modified on 6/12/2018 (sj).
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Filing 14
NOTICE OF APPEARANCE by Maaren Alia Shah on behalf of Morgan Art Foundation Limited. (Shah, Maaren)
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Filing 13
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by July 16, 2018, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 5/21/2018) (cf)
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Filing 12
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 7/23/2018 at 11:00 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 5/21/2018) (ne)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Robert Indiana. (pne)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Michael McKenzie. (pne)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Jamie Thomas. (pne)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to American Image Art. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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. (pne)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
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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. (pne)
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Case Designated ECF. (pne)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Robert Indiana, re: #1 Complaint. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Jamie Thomas, re: #1 Complaint. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to American Image Art, re: #1 Complaint. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Michael McKenzie, re: #1 Complaint. Document filed by Morgan Art Foundation Limited. (Nikas, Luke)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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Filing 2
CIVIL COVER SHEET filed. (Nikas, Luke)
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Filing 1
COMPLAINT against American Image Art, Robert Indiana, Michael McKenzie, Jamie Thomas. (Filing Fee $ 400.00, Receipt Number 0208-15088427)Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
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