Reif et al v. Oberlin College et al
| Timothy Reif, David Fraenkel and Milos Vavra |
| Oberlin College d/b/a Allen Memorial Art Museum, An Artwork Girl With Black Hair (1911) by the Artist Egon Schiele and Oberlin College doing business as Allen Memorial Art Museum |
| 1:2023cv02108 |
| March 13, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Personal Property: Other |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Plaintiff |
Docket Report
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Filing 17
ORDER: The Court received the attached correspondence, which the Court now forwards to the parties. The Clerk is directed to enter this Order in 22-cv-10625, 23-cv-346, 23-cv-2108, 23-cv-3009, and 23-cv-2443. SO ORDERED. (Signed by Judge John G. Koeltl on 5/05/2023) (ama)
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Filing 16
ORDER: As discussed during the telephone conference this afternoon, all of the related actions except Reif v. Republic of Austria, No. 22-cv-10625, are consolidated for purposes of pretrial. The time for the defendants in those actions (Reif v. Carnegie Institute, No. 23-cv-346; Reif v. Oberlin College, No.23-cv-2108; Reif v. The Santa Barbara Museum of Art, No. 23-cv- 3009; and Reif v. The Art Institute of Chicago, No. 23-cv-2443) to move or answer with respect to the operative complaints is extended to Thursday, June 8, 2023. The plaintiffs may file an amended complaint in the Santa Barbara action by Monday, April 24, 2023. The plaintiffs should update the Court at the end of each month on the efforts to serve the defendants in the Austria action. Discovery is stayed in the Carnegie, Oberlin, Santa Barbara, and Art Institute of Chicago actions pending a decision on any motions to dismiss in those actions. To the extent there are any other outstanding deadlines imposed by Judge Torres, those are no longer operable. The Clerk is directed to enter this Order in 22-cv-10625, 23-cv-346, 23-cv-2108, 23-cv-3009, and 23-cv-2443. SO ORDERED., ( Amended Pleadings due by 4/24/2023.) (Signed by Judge John G. Koeltl on 4/17/2023) (ama)
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Filing 15
ORDER: On April 13, 2023, this Court was reassigned five related cases: 22-cv-10625, 23-cv-346, 23-cv-2108, 23-cv-3009, and 23-cv-2443. The parties in all five actions are directed to appear for a telephone conference on Monday, April 17, 2023 at noon to discuss the status of these actions. Dial-in: 888-363-4749, with access code 8140049. The Clerk is directed to enter this Order in 22-cv-10625, 23-cv-346, 23-cv-2108, 23-cv-3009, and 23-cv-2443. SO ORDERED. (Signed by Judge John G. Koeltl on 4/14/2023) ( Telephone Conference set for 4/17/2023 at 12:00 PM before Judge John G. Koeltl.) (ks)
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| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Analisa Torres is no longer assigned to the case..(aea) |
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Filing 14
ORDER: Accordingly: 1. The Court has already ruled on Carnegie Institute and Oberlin College's request that a single motion to dismiss briefing schedule be set for the related cases. Carnegie Institute, 23 Civ. 346, ECF No. 29. If Oberlin College intends to file a motion to dismiss in Reif v. Oberlin College, it is directed to either do so in accordance with the Court's Individual Practices in Civil Cases or explain whether it intends to rely on the pre-motion letter filed in Reif v. Carnegie Institute so Plaintiffs are able to respond. The same applies to AIC. The Court shall not adjourn Carnegie Institute's April 27, 2023 deadline to file its motion to dismiss on this basis. Accordingly, Carnegie Institute and Oberlin College's request is DENIED without prejudice to renewal. 2. By April 17, 2023, Plaintiffs shall state their position on Defendants' proposal that the cases be consolidated for pretrial purposes, but not for trial purposes. On April 11, 2023, another related case, Reif v. The Santa Barbara Museum of Art, 23 Civ. 3009, ECF No. 1, was removed to this Court. By April 17, 2023, Plaintiffs shall inform the Court whether there are or will be any other actions that that the Court should be aware of as it considers consolidation of the above-captioned cases. 3. By April 17, 2023, Defendant The Santa Barbara Museum of Art shall submit any opposition to consolidation. This order does not stay any of the applicable deadlines in each of the above captioned cases. SO ORDERED. (Signed by Judge Analisa Torres on 4/12/2023) (kv)
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| Filing 13 LETTER addressed to Judge Analisa Torres from William Charron dated April 10, 2023 re: Consolidation. Document filed by Oberlin College..(Charron, William) |
| Filing 12 FIRST AMENDED COMPLAINT against An Artwork Girl With Black Hair (1911) by the Artist Egon Schiele, Oberlin College.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 Catalogue, #4 Exhibit C - Kallir Grunbaum Correspondence, #5 Exhibit D - Kallir Testimony, #6 Exhibit E - Gutekunst and Klipstein Catalogue, #7 Exhibit F - Receipt, #8 Exhibit G - Carnegie Museum Production, #9 Exhibit H - Boston 1960 Exhibition, #10 Exhibit I - Power of Attorney, #11 Exhibit J - Jewish Property Declaration, #12 Exhibit K - Aryan Trustee, #13 Exhibit L - Jewish 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, #20 Exhibit 6 - Artwork Exhibition History, #21 Exhibit 7 - Cuno Testimony).(Dowd, Raymond) |
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Filing 11
ORDER: The Court is inclined to consolidate Reif v. Carnegie Institute, 23 Civ. 346, with Reif v. Oberlin College, 23 Civ. 2108, and Reif v. The Art Institute of Chicago, 23 Civ. 2443, and appoint Plaintiffs' counsel as lead counsel. Any opposition to consolidation shall be filed by April 10, 2023. This order does not stay any of the applicable deadlines in each of the above-captioned cases. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2023) ( Responses due by 4/10/2023) (ks)
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| Filing 10 NOTICE OF APPEARANCE by Claudia Grossman Jaffe on behalf of David Fraenkel, Timothy Reif, Milos Vavra..(Jaffe, Claudia) |
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Filing 9
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 May 12, 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 3/16/2023) (kv)
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Filing 8
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 3/16/2023) (kv)
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Filing 7
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 3/16/2023) (kv)
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| 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) |
| 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) |
| Filing 6 NOTICE OF APPEARANCE by Raymond Dowd on behalf of David Fraenkel, Timothy Reif, Milos Vavra..(Dowd, Raymond) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
| Case Designated ECF. (vf) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:22-cv-10625. (vf) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 1:23-cv-346. (vf) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oberlin College..(Charron, William) |
| Filing 4 RELATED CASE AFFIRMATION of William Charron re: that this action be filed as related to 23-cv-346. Document filed by Oberlin College..(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 Oberlin College..(Charron, William) |
| Filing 2 CIVIL COVER SHEET filed..(Charron, William) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654833-22. (Filing Fee $ 402.00, Receipt Number ANYSDC-27459059).Document filed by Oberlin College. (Attachments: #1 Exhibit Ex. A-1 State Court Docket part 1 of 2, #2 Exhibit Ex. A-2 State Court Docket part 2 of 2).(Charron, William) |
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