Reif et al v. Carnegie Institute et al
| TIMOTHY REIF as Co-Trustee of the LEON FISCHER TRUST FOR THE LIFE AND WORK OF FRITZ GRUNBAUM, DAVID FRAENKEL, as Co-Trustee of the LEON FISCHER TRUST FOR THE LIFE AND WORK OF FRITZ GRUNBAUM, MILOS VAVRA, Timothy Reif and David Fraenkel |
| CARNEGIE INSTITUTE, d/b/a CARNEGIE MUSEUMS OF PITTSBURGH, erroneously named as THE CARNEGIE MUSEUM OF ART, An Artwork PORTRAIT OF A MAN (1917) by the Artist Egon Schiele, Carnegie Institute erroneously named as The Carnegie Museum Of Art doing business as Carnegie Museums of Pittsburgh and The Carnegie Institute d/b/a Carnegie Museums of Pittsburgh |
| 1:2023cv00346 |
| January 13, 2023 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Carnegie Institute. ENDORSEMENT DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 3/9/2023) (jca)
|
| Filing 19 JOINT LETTER addressed to Judge Analisa Torres from William Charron dated March 8, 2023 re: adjournment of Case Management deadline. Document filed by Carnegie Institute..(Charron, William) |
| Filing 18 EXHIBIT TO PLEADING re: #17 Amended Complaint,,,,,. Document filed by David Fraenkel, Milos Vavra, Timothy Reif..(Dowd, Raymond) |
| Filing 17 SECOND AMENDED COMPLAINT amending #16 Amended Complaint,,,, against An Artwork PORTRAIT OF A MAN (1917) by the Artist Egon Schiele, The Carnegie Institute d/b/a Carnegie Museums of Pittsburgh.Document filed by Timothy Reif, Milos Vavra, David Fraenkel. Related document: #16 Amended Complaint,,,,. (Attachments: #1 Exhibit 1 - Expert Report of Dr. Jonathan Petropoulos, #2 Exhibit A - Petropoulos CV, #3 Exhibit B - 1925 Wurthle Gallery, #4 Exhibit C - Kallir Grunbaum Correspondence, #5 Exhibit D - Kallir Excerpt, #6 Exhibit E - Gutekunst and Klipstein Catalogue, #7 Exhibit F - Receipt, #8 Exhibit G - Carnegie Museum 2005 Production, #9 Exhibit H - Boston 1960 Schiele Exhibition, #10 Exhibit I - Power of Attorney, #11 Exhibit J - Jewish Property Declaration, #12 Exhibit K- Aryan Trustee, #13 Exhibit L - Elisabeth Grunbaum Property Declaration, #14 Exhibit M - Certificate of Heirship, #15 Exhibit N - Kostohryz Declaration, #16 Exhibit 2 - Falkenhausen Letter, #17 Exhibit 3 - Mountain Landscape, #18 Exhibit 4 - NYT Article, #19 Exhibit 5 - Leopold Collection).(Dowd, Raymond) Modified on 3/7/2023 (pc). Modified on 3/7/2023 (gp). |
| Filing 16 FIRST AMENDED COMPLAINT amending #15 Amended Complaint,,,, against An Artwork PORTRAIT OF A MAN (1917) by the Artist Egon Schiele, The Carnegie Institute d/b/a Carnegie Museums of Pittsburgh.Document filed by Timothy Reif, Milos Vavra, David Fraenkel. Related document: #15 Amended Complaint,,,,. (Attachments: #1 Exhibit 1 - Expert Report of Dr. Jonathan Petropoulos, #2 Exhibit A - Petropoulos CV, #3 Exhibit B - 1925 Wurthle Gallery, #4 Exhibit C - Kallir Grunbaum Correspondence, #5 Exhibit D - Kallir Excerpt, #6 Exhibit E - Gutekunst and Klipstein Catalogue, #7 Exhibit F - Receipt, #8 Exhibit G - Carnegie Museum 2005 Production, #9 Exhibit H - Boston 1960 Schiele Exhibition, #10 Exhibit I - Power of Attorney, #11 Exhibit J - Jewish Property Declaration, #12 Exhibit K- Aryan Trustee, #13 Exhibit L - Elisabeth Grunbaum Property Declaration, #14 Exhibit M - Certificate of Heirship, #15 Exhibit N - Kostohryz Declaration, #16 Exhibit 2 - Falkenhausen Letter, #17 Exhibit 3 - Mountain Landscape, #18 Exhibit 4 - NYT Article, #19 Exhibit 5 - Leopold Collection).(Dowd, Raymond) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Raymond Dowd re: Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Any modifications to a party name, the party must be added to the docket with the modifications. (Carnegie Institute without party text). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Raymond Dowd to RE-FILE Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): not all the parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT against An Artwork PORTRAIT OF A MAN (1917) by the Artist Egon Schiele, Carnegie Institute.Document filed by Timothy Reif, Milos Vavra, David Fraenkel. (Attachments: #1 Exhibit 1 - Expert Report of Dr. Jonathan Petropoulos, #2 Exhibit A - Petropoulos CV, #3 Exhibit B - 1925 Wurthle Gallery, #4 Exhibit C - Kallir Grunbaum Correspondence, #5 Exhibit D - Kallir Excerpt, #6 Exhibit E - Gutekunst and Klipstein Catalogue, #7 Exhibit F - Receipt, #8 Exhibit G - Carnegie Museum 2005 Production, #9 Exhibit H - Boston 1960 Schiele Exhibition, #10 Exhibit I - Power of Attorney, #11 Exhibit J - Jewish Property Declaration, #12 Exhibit K- Aryan Trustee, #13 Exhibit L - Elisabeth Grunbaum Property Declaration, #14 Exhibit M - Certificate of Heirship, #15 Exhibit N - Kostohryz Declaration, #16 Exhibit 2 - Falkenhausen Letter, #17 Exhibit 3 - Mountain Landscape, #18 Exhibit 4 - NYT Article, #19 Exhibit 5 - Leopold Collection).(Dowd, Raymond) Modified on 3/6/2023 (sj). |
|
Filing 14
ORDER re: #13 Letter, filed by David Fraenkel, Timothy Reif, Milos Vavra, #12 Letter filed by Carnegie Institute. Accordingly: 1. Defendant's request to file a motion to dismiss the complaint, ECF No. 12, is DENIED, without prejudice to renewal; 2. Plaintiffs' request to file an amended complaint is GRANTED. By March 3, 2023, Plaintiffs shall file an amended complaint. SO ORDERED. (Amended Pleadings due by 3/3/2023.) (Signed by Judge Analisa Torres on 2/2/2023) (kv)
|
| Filing 13 LETTER addressed to Judge Analisa Torres from Claudia G. Jaffe dated February 1, 2023 re: Response to ECF 12. Document filed by David Fraenkel, Milos Vavra, Timothy Reif. (Attachments: #1 Exhibit January 27, 2023 Letter to W. Charron).(Jaffe, Claudia) |
| Filing 12 LETTER addressed to Judge Analisa Torres from William Charron dated January 31, 2023 re: pre-motion to dismiss letter. Document filed by Carnegie Institute..(Charron, William) |
|
Filing 11
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED BETWEEN THE PARTIES THAT: 1. Defendant agreed to accept, and pursuant to Fed. R. Civ. P. 4 has waived service of process of, the Summons and Complaint as of January 13, 2023. 2. Notwithstanding the time to respond to a complaint prescribed by Fed. R. Civ. P.4(d) and/or Fed. R. Civ. P. 81(c), Defendant's time to answer, move or otherwise respond to the Complaint shall be February 27, 2023. 3. With the exception of the defense of improper service of process, all of Defendant's defenses, rights and remedies in response to the Complaint are expressly preserved and not waived. 4. The caption in the form in which it appears above is correct and should be amended to reflect this form. SO ORDERED. (Signed by Judge Analisa Torres on 1/23/2023) (kv)
|
|
Filing 10
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 herein). SO ORDERED. (Signed by Judge Analisa Torres on 1/23/2023) (kv)
|
|
Filing 9
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/23/2023) (kv)
|
|
Filing 8
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by March 14, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (Signed by Judge Analisa Torres on 1/23/2023) (kv)
|
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-10625-AT. Notice of Assignment to follow. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Ona T. Wang 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| Filing 7 NOTICE OF APPEARANCE by Claudia Grossman Jaffe on behalf of David Fraenkel, Milos Vavra, Timothy Reif..(Jaffe, Claudia) |
| Filing 6 NOTICE OF APPEARANCE by Raymond Dowd on behalf of David Fraenkel, Milos Vavra, Timothy Reif..(Dowd, Raymond) |
| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by Carnegie Institute..(Charron, William) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Laurence Charron. The party information for the following party/parties has been modified: TIMOTHY REIF and DAVID FRAENKEL, as Co-Trustees of the LEON FISCHER TRUST FOR THE LIFE AND WORK OF FRITZ GRUNBAUM and MILOS VAVRA, CARNEGIE INSTITUTE, d/b/a CARNEGIE MUSEUMS OF PITTSBURGH, erroneously named as THE CARNEGIE MUSEUM OF ART. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted; party name enetered incorrectly. (vf) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:22-CV-10625. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CARNEGIE INSTITUTE, d/b/a CARNEGIE MUSEUMS OF PITTSBURGH, erroneously named as THE CARNEGIE MUSEUM OF ART..(Charron, William) |
| Filing 3 RELATED CASE AFFIRMATION of William Charron re: that this action be filed as related to 22-CV-10625. Document filed by CARNEGIE INSTITUTE, d/b/a CARNEGIE MUSEUMS OF PITTSBURGH, erroneously named as THE CARNEGIE MUSEUM OF ART..(Charron, William) |
| Filing 2 CIVIL COVER SHEET filed..(Charron, William) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 654834/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27204680).Document filed by CARNEGIE INSTITUTE, d/b/a CARNEGIE MUSEUMS OF PITTSBURGH, erroneously named as THE CARNEGIE MUSEUM OF ART. (Attachments: #1 Exhibit Summons and Verified Complaint; Exhibits A-G, #2 Exhibit Summons and Verified Complaint; Exhibits H-N).(Charron, William) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
