Morgan Art Foundation Limited et al v. Brannan
Plaintiff: Morgan Art Foundation Limited, Shearbrook (US), LLC, Simon Salama-Caro, RI Catalogue Raisonne LLC and Figure 5 Art LLC
Defendant: James W. Brannan
Case Number: 1:2018cv08231
Filed: September 10, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Barbara C Moses
Referring Judge: Analisa Torres
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Opinion or Order Filing 175 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)
June 15, 2021 Opinion or Order Filing 174 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. (Signed by Judge Analisa Torres on 6/15/2021) (kv)
June 11, 2021 Opinion or Order Filing 173 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 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Shearbrook (US), LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Nikas, Luke)
June 11, 2021 Opinion or Order Filing 172 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 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Shearbrook (US), LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC. 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).
June 11, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Luke Nikas. RE-FILE Document No. #172 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)
June 11, 2021 Opinion or Order ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #173 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. (dt)
March 15, 2021 Opinion or Order Filing 171 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)
March 12, 2021 Opinion or Order Filing 170 PROPOSED STIPULATION AND ORDER. Document filed by James W. Brannan. (Attachments: #1 Text of Proposed Order).(Beeber, Jessie)
March 9, 2021 Opinion or Order Filing 169 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)
March 8, 2021 Opinion or Order Filing 168 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 (US), LLC..(Nikas, Luke)
March 4, 2021 Opinion or Order Filing 167 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)
March 3, 2021 Opinion or Order Filing 166 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 (US), LLC..(Nikas, Luke)
February 19, 2021 Opinion or Order Filing 165 ORDER: granting #164 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)
February 19, 2021 Opinion or Order Filing 164 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 Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC..(Nikas, Luke)
February 17, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Continued Settlement Conference held on 2/17/2021. (Snell, Kevin)
February 12, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Continued Settlement Conference held on 2/12/2021. (Snell, Kevin)
February 10, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Continued Settlement Conference held on 2/10/2021. (Snell, Kevin)
February 4, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Settlement Conference held on 2/4/2021. (Snell, Kevin)
January 21, 2021 Opinion or Order Filing 163 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)
January 21, 2021 Opinion or Order Filing 162 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)
January 21, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 1/21/2021. (Snell, Kevin)
January 19, 2021 Opinion or Order Filing 161 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 (US), LLC..(Nikas, Luke)
January 7, 2021 Opinion or Order Filing 160 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)
January 7, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Hearing held on 1/7/2021. (Snell, Kevin)
January 5, 2021 Opinion or Order Filing 159 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 (US), LLC..(Nikas, Luke)
November 6, 2020 Opinion or Order Filing 158 ORDER withdrawing #134 Motion to Dismiss; withdrawing #138 Motion to Seal; withdrawing #151 Motion to Seal; granting #157 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)
November 6, 2020 Opinion or Order Terminate Transcript Deadlines (jwh)
November 6, 2020 Opinion or Order Set/Reset Hearings: Telephone Conference set for 1/7/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses. (jwh)
November 5, 2020 Opinion or Order Filing 157 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..(Boyle, Edward)
October 29, 2020 Opinion or Order Filing 156 ***SELECTED PARTIES*** RESPONSE re: #151 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 Shearbrook (US), LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, James W. Brannan. (Attachments: #1 Exhibit A - Estate Opposition Brief, #2 Exhibit B - Grossglauser Deposition Transcript)Motion or Order to File Under Seal: #151 .(Nikas, Luke)
October 29, 2020 Opinion or Order Filing 155 RESPONSE re: #151 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 (US), LLC. (Attachments: #1 Exhibit A - Estate Opposition Brief, #2 Exhibit B - Grossglauser Deposition Transcript).(Nikas, Luke)
October 29, 2020 Opinion or Order Filing 154 ORDER granting #153 Letter Motion for Extension of Time to File Response/Reply. 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) (kv)
October 28, 2020 Opinion or Order Filing 153 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 (US), LLC..(Shah, Maaren)
October 26, 2020 Opinion or Order Filing 152 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #134 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, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Attachments: #1 Declaration of John C. Vazquez, #2 Exhibit 1)Motion or Order to File Under Seal: #151 .(Boyle, Edward)
October 26, 2020 Opinion or Order Filing 151 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..(Boyle, Edward)
October 18, 2020 Opinion or Order Filing 150 MEMORANDUM AND ORDER denying #141 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)
October 18, 2020 Opinion or Order Set/Reset Deadlines: Deposition due by 11/6/2020. (cf)
October 15, 2020 Opinion or Order Filing 149 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated October 15, 2020 re: #141 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 (US), LLC..(Nikas, Luke)
October 15, 2020 Opinion or Order Filing 148 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated October 15, 2020 re: #138 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 (US), LLC..(Nikas, Luke)
October 13, 2020 Opinion or Order Filing 147 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 13, 2020 re: #141 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..(Boyle, Edward)
October 13, 2020 Opinion or Order Filing 146 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated October 13, 2020 re: #138 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 21, 2020. . Document filed by James W. Brannan..(Boyle, Edward)
September 30, 2020 Opinion or Order Filing 145 OPINION AND ORDER re: #86 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. 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. (Signed by Magistrate Judge Barbara C. Moses on 9/30/2020) (rro)
September 25, 2020 Opinion or Order Filing 144 ORDER granting #142 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)
September 25, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 10/26/2020 (cf)
September 24, 2020 Opinion or Order Filing 143 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 24, 2020 re: #142 LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses 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 (US), LLC. (Attachments: #1 Exhibit A - Petition for Supervised Administration, #2 Exhibit B - Emergency Motion for Expedited Review).(Nikas, Luke)
September 23, 2020 Opinion or Order Filing 142 LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated September 23, 2020. Document filed by James W. Brannan..(Boyle, Edward)
September 21, 2020 Opinion or Order Filing 141 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 (US), LLC..(Nikas, Luke)
September 21, 2020 Opinion or Order Filing 140 ***SELECTED PARTIES***DECLARATION of Luke Nikas in Support re: #134 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot.. Document filed by Shearbrook (US), LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, James W. Brannan. (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: #138 .(Nikas, Luke)
September 21, 2020 Opinion or Order Filing 139 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #134 MOTION to Dismiss The Counterclaims of James W. Brannan as Personal Representative of The Estate of Robert Indiana as Moot. . Document filed by Shearbrook (US), LLC, Simon Salama-Caro, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, James W. Brannan. Motion or Order to File Under Seal: #138 .(Nikas, Luke)
September 21, 2020 Opinion or Order Filing 138 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 (US), LLC..(Nikas, Luke)
September 21, 2020 Opinion or Order Filing 137 DECLARATION of Luke Nikas in Support re: #134 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 (US), 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)
September 21, 2020 Opinion or Order Filing 136 MEMORANDUM OF LAW in Support re: #134 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 (US), LLC..(Nikas, Luke)
September 21, 2020 Opinion or Order Filing 135 DECLARATION of Lawrence J. Sterrs in Support re: #134 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 (US), LLC..(Nikas, Luke)
September 21, 2020 Opinion or Order Filing 134 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 (US), LLC..(Nikas, Luke)
August 25, 2020 Opinion or Order Filing 133 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)
August 25, 2020 Opinion or Order Filing 132 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)
August 24, 2020 Opinion or Order Filing 131 ORDER terminating 336 in 18-cv-4438 Letter Motion for Leave to File Document; granting 337 in 18-cv-4438 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)
August 20, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Discovery Conference held on 8/20/2020. (Snell, Kevin)
August 5, 2020 Opinion or Order Filing 130 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) Modified on 8/5/2020 (cf).
August 3, 2020 Opinion or Order Filing 129 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 (US), LLC. (Attachments: #1 Exhibit A-SOH Meeting Minutes).(Shah, Maaren)
July 30, 2020 Opinion or Order Filing 128 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..(Vazquez, John)
July 28, 2020 Opinion or Order Filing 127 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)
July 27, 2020 Opinion or Order Filing 126 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 (US), LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Shah, Maaren)
June 30, 2020 Opinion or Order Filing 125 AMENDED ORDER OF REFERENCE TO A 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 No. 86. Referred to Magistrate Judge Barbara C. Moses. Motions referred to Barbara C. Moses. (Signed by Judge Analisa Torres on 6/30/2020) (kv)
June 26, 2020 Opinion or Order Filing 124 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).
June 24, 2020 Opinion or Order Filing 123 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)
June 24, 2020 Opinion or Order Filing 122 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)
June 18, 2020 Opinion or Order Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE 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)
June 18, 2020 Opinion or Order Filing 120 TRANSCRIPT of Proceedings re: CONFERENCE 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)
June 17, 2020 Opinion or Order Filing 119 ORDER granting in part and denying in part #108 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)
June 12, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Discovery Hearing held on 6/12/2020. (tro)
June 11, 2020 Opinion or Order Filing 118 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)
June 10, 2020 Opinion or Order Filing 117 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 (US), LLC..(Nikas, Luke)
June 9, 2020 Opinion or Order 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)
June 9, 2020 Opinion or Order Filing 116 ORDER denying #110 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)
June 8, 2020 Opinion or Order Filing 115 ENDORSED LETTER addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated 6/8/2020 re: I represent James Brannan as Personal Representative of the Estate of Robert Indiana (the "Estate") in the action referenced above. Pursuant to Your Honors Individual Rule of Practice No. 2(e), the Estate's response to Plaintiff Morgan Art Foundation Ltd.'s June 5, 2020 letter (4338 Action, ECF No. 291) is due on June 10, 2020. I am requesting an extension of three days until June 15, 2020. Plaintiff Morgan Art Foundation Ltd. has consented to this request. ENDORSEMENT: 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)
June 8, 2020 Opinion or Order Filing 114 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)
June 8, 2020 Opinion or Order Filing 113 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)
June 5, 2020 Opinion or Order Filing 112 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated June 5, 2020 re: #110 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 2, 2020. . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC..(Nikas, Luke)
June 2, 2020 Opinion or Order Filing 111 ***SELECTED PARTIES***REDACTION to #110 LETTER MOTION to Seal addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 2, 2020. by James W. Brannan, Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Motion or Order to File Under Seal: #110 .(Boyle, Edward)
June 2, 2020 Opinion or Order Filing 110 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..(Boyle, Edward)
May 29, 2020 Opinion or Order Filing 109 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Maaren A. Shah dated May 29, 2020 re: #108 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 (US), LLC..(Shah, Maaren)
May 26, 2020 Opinion or Order Filing 108 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. (Attachments: #1 Exhibit Request for Production, #2 Exhibit Responses and Objections, #3 Exhibit Letter Dated May 22, 2020).(Boyle, Edward)
May 20, 2020 Opinion or Order Filing 107 ORDER terminating [262 in 18cv4438] 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.) ( Motions due by 5/26/2020., Responses due by 5/20/2020, Replies due by 5/22/2020., Telephone Conference set for 6/9/2020 at 12:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 5/20/2020) (cf) (Main Document 107 replaced on 5/20/2020) (cf). Modified on 5/20/2020 (cf).
May 18, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Status Conference held on 5/18/2020. (tro)
May 13, 2020 Opinion or Order Filing 106 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 (US), LLC..(Nikas, Luke)
May 12, 2020 Opinion or Order Filing 105 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)
April 15, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Status Conference held telephonically on 4/15/2020. (Landers, Rigoberto)
April 15, 2020 Opinion or Order Filing 104 ORDER: Fact discovery, including depositions, shall be completed no later than June30, 2020. Expert discovery, including depositions, shall be completed no later than August 14, 2020. 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. (As further set forth in this Order.) ( Deposition due by 8/14/2020., Expert Discovery due by 8/14/2020., Fact Discovery due by 6/30/2020., Telephonic 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) (cf) Modified on 4/16/2020 (cf).
April 8, 2020 Opinion or Order Filing 103 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 (US), LLC..(Nikas, Luke)
March 19, 2020 Opinion or Order Filing 102 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)
March 18, 2020 Opinion or Order Filing 101 DECLARATION of Luke Nikas in Support re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS 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 (US), LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Nikas, Luke)
March 18, 2020 Opinion or Order Filing 100 REPLY MEMORANDUM OF LAW in Support re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS 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 (US), LLC..(Nikas, Luke)
March 17, 2020 Opinion or Order Filing 99 ORDER: The President of the United States has declared a national emergency due to the spread of the COVID-19 virus, and the Centers for Disease Control have noted that the best way to prevent illness is to minimize person-to-person contact. In order to protect public health while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, 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, videoconference, 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) (mro)
March 13, 2020 Opinion or Order Filing 98 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..(Boyle, Edward)
March 4, 2020 Opinion or Order Filing 97 DECLARATION of John C. Vazquez in Opposition re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W. Brannan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Fink, David)
March 4, 2020 Opinion or Order Filing 96 DECLARATION of Dennis H. Tracey, III in Opposition re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W. Brannan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Fink, David)
March 4, 2020 Opinion or Order Filing 95 DECLARATION of Melissa Hamilton in Opposition re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W. Brannan..(Fink, David)
March 4, 2020 Opinion or Order Filing 94 DECLARATION of Adelina Garay in Opposition re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W. Brannan. (Attachments: #1 Exhibit A, #2 Exhibit B).(Fink, David)
March 4, 2020 Opinion or Order Filing 93 DECLARATION of James W. Brannan in Opposition re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA.. Document filed by James W. Brannan. (Attachments: #1 Exhibit A, #2 Exhibit B).(Fink, David)
March 4, 2020 Opinion or Order Filing 92 MEMORANDUM OF LAW in Opposition re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS AND JAMES W. BRANNAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT INDIANA. . Document filed by James W. Brannan..(Fink, David)
February 11, 2020 Filing 91 ANSWER to #52 Counterclaim. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC..(Nikas, Luke)
February 7, 2020 Opinion or Order Filing 90 ORDER granting #89 Letter 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)
February 7, 2020 Filing 89 LETTER MOTION for Extension of Time to File Response/Reply as to #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS 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..(Boyle, Edward)
January 29, 2020 Filing 88 MEMORANDUM OF LAW in Support re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS 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 (US), LLC. (Nikas, Luke)
January 29, 2020 Filing 87 DECLARATION of Luke Nikas in Support re: #86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS 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 (US), LLC. (Attachments: #1 Exhibit 1 Cease and Desist Letter, #2 Exhibit 2 January 16 Letter, #3 Exhibit 3 Email from Brannan to Indiana, #4 Exhibit 4 Robinson Declaration, #5 Exhibit 5 January 25 Letter, #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 ROGs, #11 Exhibit 11 FTI Report, #12 Exhibit 12 Thomass R&Os to MAFs Second RFPs, #13 Exhibit 13 Email re: Dylan Works, #14 Exhibit 14 Email from Simon Salama-Caro)(Nikas, Luke)
January 29, 2020 Filing 86 MOTION for Sanctions AGAINST DEFENDANTS JAMIE THOMAS 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 (US), LLC.(Nikas, Luke)
January 28, 2020 Opinion or Order Filing 85 OPINION AND ORDER: For the reasons set forth above, plaintiffs' motion (Dkt. No. 54) to dismiss the Estate's Counterclaims is GRANTED IN PART and DENIED IN PART. The First Counterclaim is DISMISSED WITH PREJUDICE to the extent it is predicated on the Estate's allegations that the April 1999 Agreement and the Sculpture Agreement terminated automatically at Indiana's death. The Second, Third, and Fourth Counterclaims are DISMISSED to the extent they arise from the Estate's allegations that Salama-Caro breached a fiduciary duty to Indiana in connection with negotiation and execution of the April 1999 Agreement and the Sculpture Agreement, the donation or loan of Indiana artworks to museums or galleries for reputational purposes, the preparation of a catalogue raisonn of Indiana's art, or the operation of the robertindiana.com website. In all other respects the motion is DENIED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/28/2020) (jca)
January 15, 2020 Opinion or Order Filing 84 ORDER granting #78 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. 78. Deposition due by 4/30/2020. (Signed by Magistrate Judge Barbara C. Moses on 1/15/2020) (cf) Modified on 1/15/2020 (cf).
January 15, 2020 Opinion or Order Filing 83 ORDER terminating #79 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)
January 15, 2020 Set/Reset Deadlines: Motions due by 1/29/2020. Responses due by 2/12/2020 Replies due by 2/19/2020. (cf)
January 15, 2020 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)
January 13, 2020 Filing 82 LETTER RESPONSE to Motion addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated January 13, 2020 re: #79 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated January 8, 2020. . Document filed by James W. Brannan. (Boyle, Edward)
January 13, 2020 Filing 81 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 #79 . Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC.(Nikas, Luke)
January 9, 2020 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 1/9/2020. (Snell, Kevin)
January 9, 2020 Opinion or Order Filing 80 ORDER. 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)
January 8, 2020 Filing 79 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 (US), LLC. (Attachments: #1 Exhibit 1 - Report, #2 Exhibit 2 - Thomas Interrogatory Responses)(Nikas, Luke)
January 6, 2020 Filing 78 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. (Attachments: #1 Text of Proposed Order)(Boyle, Edward)
September 12, 2019 Filing 77 LETTER addressed to Judge Analisa Torres from Jessie F. Beeber dated September 12, 2019 re: Response to Estate's Request for Leave to Amend. Document filed by James W. Brannan.(Beeber, Jessie)
September 11, 2019 Filing 76 MEMORANDUM OF LAW in Support re: #54 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 (US), LLC. (Nikas, Luke)
September 11, 2019 Filing 75 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #67 Order,, . Document filed by James W. Brannan. (Beeber, Jessie)
September 9, 2019 Filing 74 LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 9, 2019 re: new developments. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC.(Nikas, Luke)
September 6, 2019 Opinion or Order Filing 73 ORDER: Fact depositions may commence on October 1, 2019. The discovery status conference previously scheduled for November 14, 2019, is adjourned to January 13, 2020, at 10:30 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.) All other provisions of the Court's Civil Case Management Plan and Scheduling Order (ECF No. 23) and Order Regarding General Pretrial Management (ECF No. 27) remain in effect. (Deposition due by 1/30/2020., Expert Discovery due by 3/13/2019., Fact Discovery due by 1/30/2020., Status Conference set for 1/13/2020 at 10:30 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 9/6/2019) (cf) (Main Document 73 replaced on 9/9/2019) (cf).
September 6, 2019 Filing 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DISCOVERY CONFERENCE proceeding held on 5/21/2019 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.(aea)
September 6, 2019 Filing 71 TRANSCRIPT of Proceedings re: DISCOVERY CONFERENCE held on 5/21/2019 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 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019.(aea)
September 5, 2019 Filing 70 JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated September 5, 2019 re: Extension of Deadline. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Attachments: #1 Exhibit (Proposed) Order)(Nikas, Luke)
September 4, 2019 Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 8/14/2019 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.(aea)
September 4, 2019 Filing 68 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 8/14/2019 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 9/25/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/3/2019.(aea)
August 15, 2019 Opinion or Order Filing 67 ORDER: For the reasons stated on the record at the hearing held on August 14, 2019, it is hereby ORDERED that, no later than September 11, 2019, plaintiffs and defendant shall each file a supplemental brief, not exceeding eight double-spaced pages, addressing (1) whether any party is estopped or barred by dint of that party's prior position(s) in this or related litigation, from asserting the claims or defenses at issue on the pending motion, and (2) which state's law applies to the Estate's second, third, and fourth counterclaims. (See Dkt. No. 52 PP 274-296.) (Signed by Magistrate Judge Barbara C. Moses on 8/15/2019) (ks)
August 14, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara C. Moses: Oral Argument held on 8/14/2019 re: #60 Order, Set Hearings,,,,. (Snell, Kevin)
June 26, 2019 Opinion or Order Filing 66 ORDER granting #65 Letter Motion for Extension of Time. Application GRANTED. The hearing currently scheduled for July 11, 2019, is ADJOURNED to August 14, 2019, at 11:00 a.m., before Judge Moses. (Signed by Magistrate Judge Barbara C. Moses on 6/26/2019) (cf)
June 26, 2019 Set/Reset Hearings: Oral Argument set for 8/14/2019 at 11:00 AM before Magistrate Judge Barbara C. Moses. (cf)
June 26, 2019 Filing 65 LETTER MOTION for Extension of Time of Hearing Scheduled for July 11, 2019 on Motion to Dismiss the Estate's Counterclaims addressed to Magistrate Judge Barbara C. Moses from Edward P. Boyle dated June 26, 2019. Document filed by James W. Brannan.(Boyle, Edward)
June 25, 2019 Filing 64 DECLARATION of Luke Nikas in Support re: #54 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 (US), LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Nikas, Luke)
June 25, 2019 Filing 63 REPLY MEMORANDUM OF LAW in Support re: #54 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 (US), LLC. (Nikas, Luke)
June 18, 2019 Filing 62 DECLARATION of Jessie F. Beeber in Opposition re: #54 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. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Beeber, Jessie)
June 18, 2019 Filing 61 MEMORANDUM OF LAW in Opposition re: #54 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. (Beeber, Jessie)
June 11, 2019 Opinion or Order Filing 60 ORDER: The parties have consented to the disposition of plaintiffs' pending motion to dismiss defendant's counterclaims (Motion) (Dkt. No. 54) by a United States Magistrate Judge pursuant to 28 U.S.C. 636(c). (Dkt. No. 59.) Judge Moses will hear oral argument on the Motion on July 11, 2019, at 10:30 a.m., in Courtroom 20A, 500 Pearl St., New York, NY 10007. ( Oral Argument set for 7/11/2019 at 10:30 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 6/11/2019) (mro)
June 10, 2019 Filing 59 CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION by James W. Brannan, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC re #54 MOTION to Dismiss the Amended Counterclaims of Defendant James W. Brannan as Personal Representative of The Estate of Robert Indiana. MOTION REFERRED to Magistrate Judge Barbara C. Moses. (Signed by Judge Analisa Torres on 6/10/2019) (cf)
June 5, 2019 Opinion or Order Filing 58 ORDER denying without prejudice to renewal #57 Letter Motion for Oral Argument. Application DENIED without prejudice to renewal if and when the parties have consented to the jurisdiction of the undersigned Magistrate Judge for purposes of plaintiff's motion to dismiss (Dkt. No. 54). (See also Dkt. No. 49.) If the parties wish to so consent -- which they are under no obligation to do -- they shall file a completed consent form with the Clerk of Court, not on ECF. See Local Civ. R. 73.1(b). The parties are advised that a "Consent to Proceed Before US Magistrate Judge Over a Specific Motion" form is available on the Court's website, at http:// nysd.uscourts.gov/forms.php. (Signed by Magistrate Judge Barbara C. Moses on 6/5/2019) (cf) Modified on 6/5/2019 (cf). Modified on 6/5/2019 (cf). (Main Document 58 replaced on 6/5/2019) (cf).
June 4, 2019 Filing 57 LETTER MOTION for Oral Argument addressed to Magistrate Judge Barbara C. Moses from Luke Nikas dated June 4, 2019. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC.(Nikas, Luke)
June 4, 2019 Filing 56 DECLARATION of Luke Nikas in Support re: #54 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 (US), 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, #11 Exhibit 11)(Nikas, Luke)
June 4, 2019 Filing 55 MEMORANDUM OF LAW in Support re: #54 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 (US), LLC. (Nikas, Luke)
June 4, 2019 Filing 54 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 (US), LLC.(Nikas, Luke)
May 30, 2019 Opinion or Order Filing 53 ORDER granting #51 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 10:00 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)
May 30, 2019 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 10:00 AM before Magistrate Judge Barbara C. Moses.) (cf)
May 29, 2019 Filing 52 AMENDED ANSWER to #14 Amended Complaint,, with JURY DEMAND., COUNTERCLAIM against Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. Document filed by James W. Brannan. (Attachments: #1 Exhibit A)(Beeber, Jessie)
May 28, 2019 ***DELETED DOCUMENT. Deleted document number 50 Scheduling Order. The document was incorrectly filed in this case. (cf)
May 28, 2019 Filing 51 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 (US), LLC. (Attachments: #1 (Proposed) Order)(Nikas, Luke)
May 22, 2019 Filing 49 JOINT LETTER addressed to Judge Analisa Torres from Luke Nikas dated May 22, 2019 re: Joint Consent with Defendant James W. Brannan for Magistrate Judge Barbara Moses to Preside Over the Motion to Dismiss. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC.(Nikas, Luke)
May 22, 2019 Opinion or Order Filing 48 ORDER granting in part and denying in part #44 Letter Motion for Leave to File Document. For these reasons, the Estate's motion is GRANTED IN PART. It is hereby ORDERED that the Estate shall file its amended answer and counterclaims, revised in accordance with this Order, no later than May 29, 2019. Plaintiffs shall file any motion to dismiss the counterclaims no later than June 4, 2019. Unless otherwise ordered by the Court, briefing shall proceed in accordance with Local Civil Rule 6.1(b). The formatting rules, page limitations, and related requirements set forth in Local Civil Rule 7.1(a) and III(D)-(I) of the Individual Practices of the Hon. Analisa Torres shall apply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 5/22/2019) (cf)
May 22, 2019 Set/Reset Deadlines: Motions due by 6/4/2019. (cf)
May 21, 2019 Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 5/21/2019. (Snell, Kevin)
May 20, 2019 Filing 47 LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated May 20, 2019 re: #44 LETTER MOTION for Leave to File Amended Answer and Counterclaims addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated May 13, 2019. . Document filed by James W. Brannan. (Beeber, Jessie)
May 17, 2019 Filing 46 RESPONSE re: to the Letter Motion dated May 13, 2019 (ECF No. 44). Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Nikas, Luke)
May 13, 2019 Opinion or Order Filing 45 ORDER: The Court has received and reviewed the letter-motion filed by defendant James W. Brannan, as the Personal Representative of the Estate of Robert Indiana (the Estate) on May 13, 2019 (Dkt. No. 44), which seeks leave to file an amended answer with five new counterclaims. Plaintiffs shall respond no later than 5:00 p.m. on May 17, 2019. The Estate's optional reply shall be filed no later than 5:00 p.m. on May 20, 2019. The Court will hold a conference on the Estate's letter-motion on Wednesday, May 21, 2019, at 10:30 a.m., in Courtroom 20A, 500 Pearl Street, New York, New York. It is the Court's intention to decide the Estate's request for leave to amend based on the parties' written submissions and any argument presented at the conference, unless a party shows good cause why more formal briefing should be required. (Responses due by 5/17/2019, Replies due by 5/20/2019., Status Conference set for 5/21/2019 at 10:30 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 5/13/2019) (cf)
May 13, 2019 Filing 44 LETTER MOTION for Leave to File Amended Answer and Counterclaims addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated May 13, 2019. Document filed by James W. Brannan. (Attachments: #1 Exhibit Proposed Amended Answer and Counterclaims, #2 EX. A to Amended Answer and Counterclaims)(Beeber, Jessie)
May 10, 2019 Filing 43 LETTER addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated May 10, 2019 re: Docket No. 42. Document filed by James W. Brannan.(Beeber, Jessie)
May 10, 2019 Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Leave to File Amended Answer, Defenses, and Counterclaims of Defendant James W. Brannan as Personal Representative of the Estate of Robert Indiana addressed to Magistrate Judge Barbara C. Moses from Jessie F. Beeber dated May 10, 2019. Document filed by James W. Brannan. (Attachments: #1 Proposed Amended Answer and Counterclaims, #2 Exhibit A)(Beeber, Jessie) Modified on 5/10/2019 (db). As per ecf_error email correspondence received on 5/10/2019 @ 1:14pm.
April 30, 2019 Opinion or Order Filing 41 ORDER: The case management conference scheduled for May 6, 2019 is ADJOURNED sine die. (Signed by Judge Analisa Torres on 4/30/2019) (cf)
April 5, 2019 Opinion or Order Filing 40 ORDER granting #39 Letter Motion for Extension of Time to Complete Discovery. 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 10:00 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 4/5/2019) (cf)
April 5, 2019 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 10:00 AM before Magistrate Judge Barbara C. Moses.) (cf)
April 4, 2019 Filing 39 LETTER MOTION for Extension of Time to Complete Discovery 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 (US), LLC. (Attachments: #1 Exhibit (Proposed) Order)(Nikas, Luke)
March 22, 2019 Filing 38 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 (US), LLC. (Rakower, Ryan)
March 21, 2019 Opinion or Order Filing 37 ORDER: Judge Moses will hold a discovery status conference in this action on May 28, 2019, at 10:00 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. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. (Status Conference set for 5/28/2019 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/21/2019) (js)
March 20, 2019 Filing 36 NOTICE OF APPEARANCE by Kan Min Nawaday on behalf of James W. Brannan. (Nawaday, Kan)
March 19, 2019 Opinion or Order Filing 35 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 added. Attorney Dennis H. Tracey, III terminated. (Signed by Magistrate Judge Barbara C. Moses on 3/19/2019) (mro)
March 18, 2019 Filing 34 NOTICE OF APPEARANCE by John Carlos Vazquez on behalf of James W. Brannan. (Vazquez, John)
March 18, 2019 Filing 33 NOTICE OF APPEARANCE by Jessie F. Beeber on behalf of James W. Brannan. (Beeber, Jessie)
March 18, 2019 Filing 32 DECLARATION of Dennis H. Tracey III in Support re: #31 Proposed Order for Substitution of Attorney. Document filed by James W. Brannan. (Boyle, Edward)
March 18, 2019 Filing 31 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by James W. Brannan. (Boyle, Edward)
March 18, 2019 Filing 30 NOTICE OF APPEARANCE by Edward Patrick Boyle on behalf of James W. Brannan. (Boyle, Edward)
February 28, 2019 Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - 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 (US), LLC. (Attachments: #1 Exhibit 1 - Declaration of Maaren Shah)(Nikas, Luke) Modified on 3/4/2019 (db). As per ecf_error email correspondence received on 3/01/2019 @ 10:33am.
February 4, 2019 Opinion or Order Filing 28 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/4/2019) (cf)
February 4, 2019 Opinion or Order Filing 27 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 2/4/2019) (cf)
February 4, 2019 Opinion or Order Filing 26 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 2/4/2019) (cf)
February 1, 2019 Filing 25 JOINT LETTER addressed to Judge Analisa Torres from Luke Nikas dated February 1, 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 (US), LLC. (Attachments: #1 Exhibit 1 - Stipulated Confidentiality Agreement and Protective Order)(Nikas, Luke)
November 23, 2018 Filing 24 ANSWER to #14 Amended Complaint,,. Document filed by James W. Brannan.(Tracey, Dennis)
November 14, 2018 Opinion or Order Filing 23 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 April 19, 2019. Depositions to be completed by April 19, 2019. All expert discovery shall be completed no later than July 19, 2019. Counsel for the parties have conferred and their present best estimate of the length of trial is: 57 days. The next Case Management Conference is scheduled for May 6, 2019 at 10:40 a.m. (As further set forth in this Order.) Deposition due by 4/19/2019. Fact Discovery due by 4/19/2019. Expert Discovery due by 7/19/2019. Case Management Conference set for 5/6/2019 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 11/14/2018) (cf)
November 14, 2018 Filing 22 Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 11/14/2018. (DCM)
November 9, 2018 Filing 21 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. James W. Brannan served on 11/1/2018, answer due 11/23/2018. Service was accepted by Dennis H. Tracey, III, Attorney. Service was made by Email. Document filed by Morgan Art Foundation Limited; Figure 5 Art LLC; Shearbrook (US), LLC; Simon Salama-Caro; RI Catalogue Raisonne LLC. (Attachments: #1 Exhibit Consent to Service via Email)(Shah, Maaren)
November 7, 2018 Filing 20 JOINT LETTER addressed to Judge Analisa Torres from Luke Nikas dated November 7, 2018 re: Pretrial Conference. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Attachments: #1 [Proposed] Civil Case Management Plan and Scheduling Order)(Nikas, Luke)
November 7, 2018 Filing 19 JOINT LETTER addressed to Judge Analisa Torres from Luke Nikas dated November 7, 2018 re: Magistrate Judge. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC.(Nikas, Luke)
October 26, 2018 Opinion or Order Filing 18 ORDER: The initial pretrial conference scheduled for November 14, 2018, at 3:50 p.m. is RESCHEDULED to November 14, 2018, at 11:00 a.m. (Initial Conference set for 11/14/2018 at 11:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 10/26/2018) (jwh)
October 4, 2018 Opinion or Order Filing 17 ORDER denying #16 Letter Motion for Extension of Time to Answer. DENIED. Pursuant to Federal Rule of Civil Procedure 12(a) (1)(A)(i), a defendant must serve an answer within 21 days after being served with the summons and complaint. Pursuant to Federal Rule of Civil Procedure 4(1), proof of service must be made to the Court. Although Plaintiffs requested a summons from the Court on September 12, 2018, see ECF No. 11, they have not filed any proof of service upon Defendant. Accordingly, the Court cannot determine the date that Defendant's answer is due.. (Signed by Judge Analisa Torres on 10/4/2018) (cf)
October 3, 2018 Filing 16 LETTER MOTION for Extension of Time to File Answer re: #14 Amended Complaint,, addressed to Judge Analisa Torres from Dennis H. Tracey, III dated October 3, 2018. Document filed by James W. Brannan.(Tracey, Dennis)
October 3, 2018 Filing 15 NOTICE OF APPEARANCE by Dennis H. Tracey, III on behalf of James W. Brannan. (Tracey, Dennis)
September 13, 2018 Filing 14 FIRST AMENDED COMPLAINT amending #1 Complaint,, against James W. Brannan with JURY DEMAND.Document filed by Morgan Art Foundation Limited, Figure 5 Art LLC, Shearbrook (US), LLC, Simon Salama-Caro, RI Catalogue Raisonne LLC. Related document: #1 Complaint,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Nikas, Luke)
September 13, 2018 Opinion or Order 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.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 9/13/2018) (cf)
September 13, 2018 Opinion or Order Filing 12 INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 11/14/2018 at 03:50 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 9/13/2018) (cf)
September 13, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-04438-AT-BCM. Notice of Assignment to follow. (wb)
September 13, 2018 NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (wb)
September 13, 2018 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. (wb)
September 12, 2018 Filing 11 ELECTRONIC SUMMONS ISSUED as to James W. Brannan. (dnh)
September 11, 2018 Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to James W. Brannan As Personal Representative Of The Estate Of Robert Indiana, re: #1 Complaint,,. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Nikas, Luke)
September 11, 2018 Filing 9 NOTICE OF APPEARANCE by Maaren Alia Shah on behalf of Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Shah, Maaren)
September 11, 2018 Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to James W. Brannan As Personal Representative Of The Estate Of Robert Indiana, re: #1 Complaint,,. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC. (Nikas, Luke) Modified on 9/11/2018 (jgo).
September 11, 2018 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RI Catalogue Raisonne LLC.(Nikas, Luke)
September 11, 2018 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Figure 5 Art LLC.(Nikas, Luke)
September 11, 2018 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shearbrook (US), LLC.(Nikas, Luke)
September 11, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Morgan Art Foundation Limited.(Nikas, Luke)
September 11, 2018 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-4438. Document filed by Figure 5 Art LLC, Morgan Art Foundation Limited, RI Catalogue Raisonne LLC, Simon Salama-Caro, Shearbrook (US), LLC.(Nikas, Luke)
September 11, 2018 Filing 2 CIVIL COVER SHEET filed. (Nikas, Luke)
September 11, 2018 Filing 1 COMPLAINT against James W. Brannan. (Filing Fee $ 400.00, Receipt Number 0208-15551593)Document filed by Morgan Art Foundation Limited, Figure 5 Art LLC, Shearbrook (US), LLC, Simon Salama-Caro, RI Catalogue Raisonne 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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S)(Nikas, Luke)
September 11, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Luke William Nikas to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): second party name on pdf 'To' section must include 'care of c/o';. 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. (jgo)
September 11, 2018 Case Designated ECF. (jgo)
September 11, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
September 11, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Luke William Nikas. The following case opening statistical information was erroneously selected/entered: Dollar Demand $76000000; Fee Date 9/10/2018;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $76000; the Fee Date has been modified to 9/11/2018;. (jgo)
September 11, 2018 CASE REFERRED TO Judge Analisa Torres as possibly related to 18-cv-4438. (jgo)

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Search for this case: Morgan Art Foundation Limited et al v. Brannan
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Plaintiff: Morgan Art Foundation Limited
Represented By: Luke William Nikas
Represented By: Maaren Alia Shah
Represented By: Ryan Adam Rakower
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Plaintiff: Shearbrook (US), LLC
Represented By: Luke William Nikas
Represented By: Maaren Alia Shah
Represented By: Ryan Adam Rakower
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Plaintiff: Simon Salama-Caro
Represented By: Luke William Nikas
Represented By: Maaren Alia Shah
Represented By: Ryan Adam Rakower
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Plaintiff: RI Catalogue Raisonne LLC
Represented By: Luke William Nikas
Represented By: Maaren Alia Shah
Represented By: Ryan Adam Rakower
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Plaintiff: Figure 5 Art LLC
Represented By: Luke William Nikas
Represented By: Maaren Alia Shah
Represented By: Ryan Adam Rakower
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Defendant: James W. Brannan
Represented By: Dennis H. Tracey, III
Represented By: Jessie F. Beeber
Represented By: John Carlos Vazquez
Represented By: Edward Patrick Boyle
Represented By: Kan Min Nawaday
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