Reif et al v. The Art Institute of Chicago et al
| Timothy Reif, David Fraenkel and Milos Vavra |
| The Art Institute of Chicago and An Artwork, Russian Prisoner of War (1916) by the Artist Egon Schiele |
| 1:2023cv02443 |
| March 22, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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Filing 26
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 25
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 24
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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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to Answer re #22 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Jessica Lonergan dated April 14, 2023.. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/14/2023) The Art Institute of Chicago answer due 5/12/2023 (ks)
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Filing 22
CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Jessica Lonergan dated April 14, 2023. Document filed by The Art Institute of Chicago..(Lonergan, Jessica)
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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 21
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 20
LETTER addressed to Judge Analisa Torres from Jessica Lonergan dated April 10, 2023 re: partial opposition to the Court's suggested consolidation. Document filed by The Art Institute of Chicago..(Lonergan, Jessica)
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Filing 19
ORDER granting #17 Motion for Eric P. Tuttle to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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Filing 18
ORDER granting #16 Motion for Luis Li to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (vpdt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Eric P. Tuttle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27562340. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Luis Li to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27561729. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)
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Filing 17
MOTION for Eric P. Tuttle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27562340. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Art Institute of Chicago. (Attachments: #1 Affidavit E. Tuttle Affidavit ISO Motion for Admission Pro Hac Vice, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order Proposed Order).(Tuttle, Eric)
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Filing 16
MOTION for Luis Li to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27561729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Art Institute of Chicago. (Attachments: #1 Affidavit L. Li Affidavit ISO Motion for Admission Pro Hac Vice, #2 Affidavit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Li, Luis)
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Filing 15
FIRST AMENDED COMPLAINT against An Artwork, Russian Prisoner of War (1916) by the Artist Egon Schiele, The Art Institute of Chicago.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, #20 Exhibit 6 - BC Holland Invoice and Receipt, #21 Exhibit 7 - Cuno Testimony).(Dowd, Raymond)
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Filing 14
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 13
ORDER granting #11 Letter Motion for Extension of Time to Answer re #11 LETTER MOTION for Extension of Time to File Answer (unopposed) addressed to Judge Analisa Torres from Jessica Lonergan dated March 24, 2023.. GRANTED. By April 14, 2023, Defendant shall answer or otherwise respond to the complaint. SO ORDERED. (Signed by Judge Analisa Torres on 3/27/2023) The Art Institute of Chicago answer due 4/14/2023 (ks)
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Filing 12
NOTICE OF APPEARANCE by Claudia Grossman Jaffe on behalf of David Fraenkel, Timothy Reif, Milos Vavra..(Jaffe, Claudia)
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Filing 11
LETTER MOTION for Extension of Time to File Answer (unopposed) addressed to Judge Analisa Torres from Jessica Lonergan dated March 24, 2023. Document filed by An Artwork, Russian Prisoner of War (1916) by the Artist Egon Schiele, The Art Institute of Chicago..(Lonergan, Jessica)
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Filing 10
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 22, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. SO ORDERED. (Signed by Judge Analisa Torres on 3/23/2023) (ks)
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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 3/23/2023) (ks)
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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. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 22, 2023, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 22, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 3/23/2023) (ks)
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Filing 7
CERTIFICATE OF SERVICE of Notice of Removal served on Plaintiffs on 3/23/2023. Document filed by An Artwork, Russian Prisoner of War (1916) by the Artist Egon Schiele, The Art Institute of Chicago..(Lonergan, Jessica)
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Filing 6
NOTICE OF APPEARANCE by Raymond Dowd on behalf of David Fraenkel, Timothy Reif, Milos Vavra..(Dowd, Raymond)
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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. (laq)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)
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Case Designated ECF. (vf)
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CASE REFERRED TO Judge Analisa Torres as possibly related to 22-cv-10625 (AT), 23-cv-2108 (AT), 23-cv-346 (AT). (vf)
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CASE ACCEPTED AS RELATED. Create association to 1:22-cv-10625-AT. Notice of Assignment to follow. (laq)
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NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case. (laq)
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Filing 5
NOTICE OF APPEARANCE by Jessica Lonergan on behalf of An Artwork, Russian Prisoner of War (1916) by the Artist Egon Schiele, The Art Institute of Chicago..(Lonergan, Jessica)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Art Institute of Chicago..(Lonergan, Jessica)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 23-cv-2108 (AT), 23-cv-346 (AT), 22-cv-10625 (AT). Document filed by The Art Institute of Chicago..(Lonergan, Jessica)
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Filing 2
CIVIL COVER SHEET filed..(Lonergan, Jessica)
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Filing 1
NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 654836/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27505992).Document filed by The Art Institute of Chicago. (Attachments: #1 Exhibit A (Part 1 of 4), #2 Exhibit A (Part 2 of 4), #3 Exhibit A (Part 3 of 4), #4 Exhibit A (Part 3 of 4)).(Lonergan, Jessica)
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