Reif et al v. The Santa Barbara Museum of Art et al
| TIMOTHY REIF, DAVID FRAENKEL and Milos Vavra |
| The Santa Barbara Museum of Art and An Artwork Portrait of The Artist's Wife (1915) by the Artist Egon Schiele |
| 1:2023cv03009 |
| April 10, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 LETTER MOTION for Oral Argument of Motion to Dismiss First Amended Complaint addressed to Judge John G. Koeltl from Caren Decter dated June 8, 2023. Document filed by The Santa Barbara Museum of Art..(Decter, Caren) |
| Filing 21 DECLARATION of Caren Decter in Support re: #18 MOTION to Dismiss First Amended Complaint.. Document filed by The Santa Barbara Museum of Art. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D).(Decter, Caren) |
| Filing 20 DECLARATION of Larry Feinberg in Support re: #18 MOTION to Dismiss First Amended Complaint.. Document filed by The Santa Barbara Museum of Art..(Decter, Caren) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Dismiss First Amended Complaint. . Document filed by The Santa Barbara Museum of Art..(Decter, Caren) |
| Filing 18 MOTION to Dismiss First Amended Complaint. Document filed by The Santa Barbara Museum of Art..(Decter, Caren) |
Filing 17
ORDER The proposed motion to dismiss briefing structure and organization (e.g., ECF No. 42 in 23-cv-346) is approved. The Clerk is directed to enter this Order in Nos. 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 6/6/2023) (jca)
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Filing 16
ORDER The Court is in receipt of the plaintiffs' May 31, 2023 letter requesting a modification of the briefing schedule for the defendants' anticipated motions to dismiss in the actions against the Santa Barbara Museum of Art, Oberlin College, the Carnegie Institute, and the Art Institute of Chicago, which are due on June 8, 2023. The request to modify the briefing schedule is granted. Responses are due on June 29, 2023, and replies are due on July 13, 2023. The Clerk is directed to enter this Order in Nos. 22-cv-10625, 23-cv-346, 23-cv-2108, 23-cv-3009, and 23-cv-2443, and to close the related letter motions dated May 31, 2023 in those cases. SO ORDERED. (Replies due by 7/13/2023., Responses due by 6/29/2023) (Signed by Judge John G. Koeltl on 5/31/2023) (jca)
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| Filing 15 LETTER MOTION for Extension of Time to File Response/Reply as to #12 Order,,,,, Set Deadlines/Hearings,,,, addressed to Judge John G. Koeltl from Claudia G. Jaffe dated May 31, 2023. Document filed by David Fraenkel, Timothy Reif, Milos Vavra..(Jaffe, Claudia) |
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Filing 14
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 13 FIRST AMENDED COMPLAINT against An Artwork Portrait of The Artist's Wife (1915) by the Artist Egon Schiele, The Santa Barbara Museum of Art.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 - Exhibition, #21 Exhibit 7 - Cuno Testimony).(Dowd, Raymond) |
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Filing 12
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 11
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 10 NOTICE OF APPEARANCE by Ashley Kirsten Alger on behalf of The Santa Barbara Museum of Art..(Alger, Ashley) |
| Filing 9 NOTICE OF APPEARANCE by Caren Decter on behalf of The Santa Barbara Museum of Art..(Decter, Caren) |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Analisa Torres is no longer assigned to the case..(aea) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Santa Barbara Museum of Art..(Rosenthal, Edward) |
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Filing 7
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 6 NOTICE OF APPEARANCE by Claudia Grossman Jaffe on behalf of David Fraenkel, Timothy Reif, Milos Vavra..(Jaffe, Claudia) |
| Filing 5 NOTICE OF APPEARANCE by Raymond Dowd on behalf of David Fraenkel, Timothy Reif, Milos Vavra..(Dowd, Raymond) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-10625-AT. Notice of Assignment to follow. (aea) |
| 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Unassigned is no longer assigned to the case..(aea) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Edward Henry Rosenthal to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kw) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 22-cv-10625; 23-cv-346; 23-cv-2108; 23-cv-2443. Document filed by The Santa Barbara Museum of Art..(Rosenthal, Edward) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Santa Barbara Museum of Art..(Rosenthal, Edward) Modified on 4/12/2023 (kw). |
| Filing 2 CIVIL COVER SHEET filed..(Rosenthal, Edward) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654835-22. (Filing Fee $ 402.00, Receipt Number ANYSDC-27588875).Document filed by The Santa Barbara Museum of Art. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit A (part 3), #4 Exhibit A (part 4)).(Rosenthal, Edward) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward Henry Rosenthal. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code Albany;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to XX Out of State;. (jgo) |
| CASE REFERRED TO Judge Analisa Torres as possibly related to 22-cv-10625. (jgo) |
| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edward Henry Rosenthal. The party information for the following party/parties has been modified: TIMOTHY REIF; DAVID FRAENKEL. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
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