Cariou v. Prince

Filing 1

NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant Lawrence Gagosian, Gagosian Gallery, Inc. and Richard Prince, FILED. [248059] [11-1197]

Case 1:08-cv-11327-DAB Document 75

Filed 03/25/11 Page 1 of 2

WITHERS BERGMAN LLP
WITHERS BERGMAN LLP
Hollis Gonerka Bart (HB-8955)
Holls Gonerka Bart (HB-8955)
Dara G. Hammerman (DH-1591)
Dara G. Hammerman (DH-1591)
Azmina Jasani (AJ-4161)
Azmina Jasani (AJ-4161)
th

,

430 Park venue, 10 Floor
430 Park AAvenue,IOil Floor
New York, New York 10022
New York, New York 10022
212.848.9800 (p)
212.848.9800 (p)
212.848.9888 (1)
212.848.9888 (1)

Attorneys for Defendants Gagosian Gallery, Inc.
Attorneys for Defendants Gagosian Gallery, Inc.
and Lawrence Gagosian
and Lawrence Gagosian

UNITED STATES DISTRICT COURT
UNITED STATES DISTRCT COURT
SOUTHERN DISTRICT OF NEW YORK
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------------- )(
--------------------------------------------------------------------)(
PATRICK CARIOU,
PATRICK CARIOU,

08 Civ 11327 (DAB) (ECF)
08 Civ 11327 (DAB) (ECF)

Plaintiff,
Plaintiff,
-against-against -

NOTICE OF JOINT APPEAL
NOTICE OF JOINT APPEAL

RICHARD PRINCE, GAGOSIAN GALLERY, INC.,
RICHARD PRINCE, GAGOSIAN GALLERY, INC.,
LAWRENCE GAGOSIAN, and RIZZOLI
LAWRENCE GAGOSIAN, and RIZZOLI
INTERNATIONAL PUBLICATIONS, INC,
INTERNATIONAL PUBLICATIONS, INC,

Defendants.
-------------- -------------------- ---------------------------------- )(
--------------------------------------------------------------------)(
Notice is hereby given that defendants Richard Prince, Gagosian Gallery, Inc., and
Notice is hereby given that defendants Richard Prince, Gagosian Gallery, Inc., and
Lawrence Gagosian ("Defendants") hereby jointly appeal to the United States Court of Appeals
Lawrence Gagosian ("Defendants") hereby jointly appeal to the United States Court of Appeals
for the Second Circuit from Memorandum Order of thisCourt, dated March 18, 201 1, pursuant
for the Second Circuit from Memorandum Order of ths Court, dated March 18, 2011, pursuant
to 28 U.S.C. § 1292(a).
to 28 U.S.C. § 1292(a).
Memorandum
Acopy of of the Court's March 18,2011 Memorandum and Order is annexedhereto.
copy the
Order is anexed hereto.
A
Dated: New York, New York
Dated: New York, New York
March 25, 2011
March 25, 2011

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Ho IS Gonerka Bart
Ho is Gonerka Bar
Withers Bergman LLP
Withers Bergman LLP
430 Park Avenue, 10th Floor
430 Park Avenue, ioth Floor
New York, New York 10022
New York, New York 10022
[phone]
[phone]

Attorneys for Defendants-Appellants
A ttorneys for Defendants-Appellants
Gagosian Gallery, Inc. and Lawrence Gagosian
Gagosian Gallery, Inc. and Lawrence Gagosian
document number: NY2380210005-US-105968311

document number: NY2380:Z10005-US-105968311

document number: NY2380210005-US-106702711

document number: NY2380:Z0005-US-106702711

.)

Case 1:08-cv-11327-DAB Document 75

Filed 03/25/11 Page 2 of 2

Jonathan Schiller
Jonathan Schiller
George Carpinello
George Carpinello
Joshua Schiler
Joshua Schiller
Boies, Schiler & Flexner LLP
Boies, Schiller & Flexner LLP
575 Lexington Avenue, 7th Floor
575 Lexington Avenue, 7th
New York, NY 10022
New York, NY 10022

:::2~:L wl
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Attorneys for Defendant-Appellant
Attorneys for Defendant-Appellant
Richard Prince

SERVICE OF PROCESS TO:
Daniel J. Brooks
Schnader, Harson, Segal &
Schnader, Harrison, Segal & Lewis
140 Broadway, Suite 3100
New
New York, NY 10005-1101
[phone]
Eric A. Boden
Schnader, Harson, Segal & Lewis
Schnader, Harrison, Segal & Lewis
140 Broadway, Suite 3100
10005-1101
New York, NY 10005-1101
[phone]
Attorneys for Plaintiff-Appellee
Attorneys for PlaintifAppellee

Patrick Cariou

document number: NY2380:Z0005.US.1059683/1
document number: NY2380210005·US·1059683/1
document number. NY2380210005·US·1067027/1
document number. NY2380:Z0005-US-106702711

2
2

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APPEAL, ECF

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:08−cv−11327−DAB
Cariou v. Prince et al
Assigned to: Judge Deborah A. Batts
Cause: 28:1338 Copyright Infringement

Date Filed: 12/30/2008
Jury Demand: Both
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

Plaintiff
Patrick Cariou

represented by Daniel J. Brooks
Schnader, Harrison , Segal &Lewis
140 Broadway, Suite 3100
New York, NY 10005−1101
(212) 973−8000
Fax: (212) 972−8798
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric Alwin Boden
McDermott, Will &Emery, LLP (NY)
340 Madison Avenue
New York, NY 10017
(212) 547−5768
Fax: (212) 547−5444
Email: [e-mail]
ATTORNEY TO BE NOTICED

V.
Defendant
Richard Prince

represented by Steven Michael Hayes
Hanly Conroy Bierstein Sheridan Fisher
&Hayes, LLP
112 Madison Avenue
New York, NY 10016
(212) 784−6400
Fax: (212) 784−6420
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
George F. Carpinello
Boies, Schiller &Flexner LLP (FL)
401 East Las Olas Boulevard
Suite 1200
Fort Lauderdale, FL 33301
518 434 0600
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jonathan David Schiller
Boies Schiller &Flexner LLP
575 Lexington Avenue
New York, NY 10022
(212) 446−23002388x
Fax: (212) 446−2350
Email: [e-mail]
ATTORNEY TO BE NOTICED

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Joshua Schiller
Boies, Schiller & Flexner, LLP(NYC)
575 Lexington Avenue
New York, NY 10022
(212) 446−2300
Fax: (212) 446−2350
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
Gagosian Gallery, Inc.

represented by Hollis Anne Bart
Withers Bergman, LLP
430 Park Avenue, 10th Flr.
New York, NY 10022
(212) 848−9800
Fax: (212)848−9888
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dara Gilwit Hammerman
Withers Bergman, LLP
430 Park Avenue, 10th Flr.
New York, NY 10022
(212)−848−9802
Fax: (212) 848−9888
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Lawrence Gagosian

represented by Hollis Anne Bart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dara Gilwit Hammerman
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Rizzoli International Publications, Inc.
TERMINATED: 02/05/2010

represented by Jesse Alan Epstein
Weisman Celler Spett &Modlin P.C.
445 Park Avenue
New York, NY 10022
(212) 371−5400
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Cross Claimant
Rizzoli International Publications, Inc.
TERMINATED: 02/05/2010

represented by Jesse Alan Epstein
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Cross Defendant
Richard Prince
TERMINATED: 03/19/2010

represented by Steven Michael Hayes
(See above for address)

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LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Cross Defendant
Gagosian Gallery, Inc.

represented by Hollis Anne Bart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dara Gilwit Hammerman
(See above for address)
ATTORNEY TO BE NOTICED

Cross Defendant
Lawrence Gagosian

represented by Hollis Anne Bart
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Dara Gilwit Hammerman
(See above for address)
ATTORNEY TO BE NOTICED

Cross Claimant
Richard Prince
TERMINATED: 03/19/2010

represented by Steven Michael Hayes
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Cross Defendant
Rizzoli International Publications, Inc.
TERMINATED: 02/05/2010

Date Filed

#

represented by Jesse Alan Epstein
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Docket Text

12/30/2008

1 COMPLAINT against Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian,
Rizzoli International Publications, Inc. (Filing Fee $ 350.00, Receipt Number
673608)Document filed by Patrick Cariou.(ama) (Entered: 01/05/2009)

12/30/2008

SUMMONS ISSUED as to Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian, Rizzoli International Publications, Inc. (ama) (Entered: 01/05/2009)

12/30/2008

Magistrate Judge Douglas F. Eaton is so designated. (ama) (Entered: 01/05/2009)

12/30/2008

Case Designated ECF. (ama) (Entered: 01/05/2009)

12/30/2008

Mailed notice to Register of Copyrights to report the filing of this action. (ama)
(Entered: 01/05/2009)

01/14/2009

2 AFFIDAVIT OF SERVICE. Service was accepted by Chad Matice (Authorized
Agent for Secretary of State of the State of New York). Document filed by Patrick
Cariou. (Brooks, Daniel) (Entered: 01/14/2009)

01/14/2009

3 AFFIDAVIT OF SERVICE. Service was accepted by Chad Matice (Authorized
Agent for Secretary of State of the State of New York). Document filed by Patrick
Cariou. (Brooks, Daniel) (Entered: 01/14/2009)

01/14/2009

4 AFFIDAVIT OF SERVICE. Document filed by Patrick Cariou. (Brooks, Daniel)
(Entered: 01/14/2009)

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01/14/2009

5 AFFIDAVIT OF SERVICE. Document filed by Patrick Cariou. (Brooks, Daniel)
(Entered: 01/14/2009)

01/14/2009

6 AMENDED COMPLAINT amending 1 Complaint against Richard Prince,
Gagosian Gallery, Inc., Lawrence Gagosian, Rizzoli International Publications,
Inc.. Document filed by Patrick Cariou. Related document: 1 Complaint filed by
Patrick Cariou.(dle) (Entered: 01/15/2009)

01/29/2009

7 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between
the parties that the time for defendants' to answer, move, or otherwise respond to
the amended complaint is extended to and including 2/17/2009. (Signed by Judge
Deborah A. Batts on 1/29/2009) (jpo) (Entered: 01/30/2009)

02/17/2009

8 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between
the parties that the time for defendant Rizzoli International Publications, Inc. to
answer, move or otherwise respond to the amended complaint is extended to March
3, 2009. (Signed by Judge Deborah A. Batts on 2/17/2009) (jpo) (Entered:
02/18/2009)

02/17/2009

9 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between
the parties that the time for defendants Richard Prince, Gagosian Gallery, Inc., and
Lawrence Gagosian, to answer, move or otherwise respond to the amended
complaint is extended to March 3, 2009. (Signed by Judge Deborah A. Batts on
2/17/2009) (jpo) (Entered: 02/18/2009)

03/03/2009

10 NOTICE OF APPEARANCE by Steven Michael Hayes on behalf of Richard
Prince (Hayes, Steven) (Entered: 03/03/2009)

03/03/2009

11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Richard Prince.(Hayes, Steven) (Entered: 03/03/2009)

03/03/2009

12 ANSWER to Amended Complaint with JURY DEMAND. Document filed by
Richard Prince. Related document: 6 Amended Complaint filed by Patrick
Cariou.(Hayes, Steven) (Entered: 03/03/2009)

03/03/2009

13 NOTICE OF APPEARANCE by Hollis Anne Bart on behalf of Gagosian Gallery,
Inc., Lawrence Gagosian (Bart, Hollis) (Entered: 03/03/2009)

03/03/2009

14 ANSWER to Amended Complaint. Document filed by Gagosian Gallery, Inc.,
Lawrence Gagosian. Related document: 6 Amended Complaint filed by Patrick
Cariou.(Bart, Hollis) (Entered: 03/03/2009)

03/04/2009

15 NOTICE OF APPEARANCE by Dara Gilwit Hammerman on behalf of Gagosian
Gallery, Inc., Lawrence Gagosian (Hammerman, Dara) (Entered: 03/04/2009)

03/06/2009

16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Gagosian Gallery, Inc., Lawrence Gagosian.(Hammerman,
Dara) (Entered: 03/06/2009)

03/17/2009

17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying RCS
MediaGroup S.p.A as Corporate Parent. Document filed by Rizzoli International
Publications, Inc..(Epstein, Jesse) (Entered: 03/17/2009)

03/17/2009

18 NOTICE OF APPEARANCE by Jesse Alan Epstein on behalf of Rizzoli
International Publications, Inc. (Epstein, Jesse) (Entered: 03/17/2009)

03/17/2009

19 ANSWER to Amended Complaint., CROSSCLAIM against Richard Prince,
Gagosian Gallery, Inc., Lawrence Gagosian. Document filed by Rizzoli
International Publications, Inc.. Related document: 6 Amended Complaint filed by
Patrick Cariou.(Epstein, Jesse) (Entered: 03/17/2009)

03/23/2009

20 ANSWER to Crossclaim. Document filed by Gagosian Gallery, Inc., Lawrence
Gagosian.(Bart, Hollis) (Entered: 03/23/2009)

03/24/2009

21 ANSWER to Crossclaim., CROSSCLAIM against Rizzoli International
Publications, Inc.. Document filed by Richard Prince.(Hayes, Steven) (Entered:
03/24/2009)

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04/30/2009

22 RULE 26 DISCLOSURE.Document filed by Patrick Cariou.(Brooks, Daniel)
(Entered: 04/30/2009)

04/30/2009

23 RULE 26 DISCLOSURE.Document filed by Richard Prince.(Hayes, Steven)
(Entered: 04/30/2009)

06/19/2009

24 SCHEDULING ORDER: Except for good cause explicitly set forth by letter and
shown, all discovery, including expert discovery, shall be commenced in time to be
completed by 2/1/10. The court expects discovery to be completed within 60 days
of the first scheduling conference unless, after the expiration of that 60 day period,
all counsel stipulate that an additional period of time (not to exceed 60 more days)
is needed to complete discovery, and the Court approves such extension. A party
contemplating making a dispositive motion must notify opposing counsel by
3/1/10. Proposed Requests to Charge and Proposed Voir Dire shall be submitted by
3/26/10. Joint Pre−trial Statement ("JPTS"): A JPTS shall be submitted by 3/26/10.
The JPTS shall conform to the Court's Individual Practices and Supplemental Trial
Procedure Rules. Memoranda of Law addressing those issues raised in the JPTS
shall be submitted by 3/26/10. Responses to the Memoranda shall be submitted by
4/9/10. There shall be no replies. Dual track mediation and discovery. Private
mediation split 4 ways. (Signed by Judge Deborah A. Batts on 6/19/2009) (rw)
(Entered: 06/19/2009)

08/10/2009

25 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that
shall govern the handling of confidential material.... (Signed by Judge Deborah A.
Batts on 8/10/2009) (jfe) (Entered: 08/10/2009)

02/05/2010

26 STIPULATION AND ORDER OF DISMISSAL: All claims by plaintiff Patrick
Cariou against Rizzoli International Publications, Inc. are dismissed with prejudice
and without costs to any party as against the other. (Signed by Judge Deborah A.
Batts on 2/5/10) (dle) (Entered: 02/05/2010)

02/05/2010

27 ENDORSED LETTER addressed to Judge Deborah A. Batts from Steven M.
Hayes dated 1/27/10 re: counsel for defendants request an extension of the
discovery time period. ENDORSEMENT: Denied. (Signed by Judge Deborah A.
Batts on 2/5/10) (dle) (Entered: 02/05/2010)

03/19/2010

28 ORDER: The Court is in receipt of and has reviewed Plaintiff's letters dated
February 8 and February 19, 2010 and Defendants' letter dated February 17, 2010.
Both Parties request permission to file for summary judgment. The Court hereby
grants Parties' requests to cross move for summary judgment. Plaintiff and
Defendants shall file and serve their moving papers, respectively, within 45 days of
the date of this Order. Each Party shall respond within 30 days of being served with
the opposing side's moving papers. Parties may reply within 10 days of being
served with a response, at which time the motions will be fully−submitted. (Signed
by Judge Deborah A. Batts on 3/19/2010) (tro) Modified on 3/30/2010 (tro).
(Entered: 03/22/2010)

03/19/2010

29 STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS
HEREBY ORDERED, whereas no party hereto is an infant or incompetent person
for whom a committee has been appointed and no person not a party has an interest
in the subject matter of the action, upon the Stipulation and Agreement between the
undersigned attorneys of record for the Defendant Richard Prince and the
undersigned attorneys of record for Defendant Rizzoli International Publications,
Inc., that, pursuant to Rule 41 (a)(2)and (c) of the Federal Rules of Civil Procedure,
all cross−claims by Rizzoli International Publications, Inc., against Richard Prince
are dismissed 'With prejudice, and without costs to any party as against the other.
(Signed by Judge Deborah A. Batts on 3/19/2010) (js) (Entered: 03/22/2010)

04/06/2010

30 ENDORSED LETTER: addressed to Judge Deborah A. Batts from Hollis Generka
Bart dated 3/26/2010 re: Counsel for defendant request that the Court amend its
Order dated March 19, 2010 by adjourning the deadline for the parties to file their
respective motions for summary judgment from Monday, May 2, 2010 to Friday,
May 7, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Deborah A. Batts
on 4/6/2010) (js) (Entered: 04/06/2010)

04/23/2010

31 ENDORSED LETTER addressed to Judge Deborah A. Batts from Daniel J. Brooks
dated 4/21/10 re: counsel for plaintiff requests leave of the Court to file in hard

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copy two books which will be attached as exhibits to the attorney declaration in
support of plaintiffs summary judgment motion to be filed with the Court by May
7, 2010. We further request leave to dispense with service on defendants of copies
of the books, as, during discovery, it came to our attention that defendants were in
possession of both of these books and, therefore, will not be prejudiced by not
receiving service of the books. ENDORSEMENT: Granted. (Signed by Judge
Deborah A. Batts on 4/23/10) (pl) (Entered: 04/23/2010)
05/05/2010

32 ENDORSED LETTER addressed to Judge Deborah A. Batts from Steven M.
Hayes dated 5/5/10 re: counsel requests an adjournment of the date for filing the
motions for summary judgment from May 7 until May 14, 2010.
ENDORSEMENT: Granted. (Motions due by 5/5/2010.) (Signed by Judge
Deborah A. Batts on 5/5/10) (djc) (Entered: 05/05/2010)

05/07/2010

33 ENDORSED LETTER addressed to Judge Deborah A. Batts from Hollis Gonerka
Bart dated 5/3/2010 re: Requesting permission to submit a joint memorandum of
law in support of defendants' motion for summary judgment; Requesting leave of
the Court to file in hard copy relevant musical recordings photocopies of Yes Rasta
book, and other copies of images which will be attached as exhibits to affidavits in
support of defendants' moving brief and which are too large to submit
electronically via ECF; and Requesting that the Court treat all of the names of
Gagosian Gallery's clients as confidential. ENDORSEMENT: Denied, Granted and
Denied respectively. (Signed by Judge Deborah A. Batts on 5/7/2010) (jpo)
Modified on 5/17/2010 (jpo). (Entered: 05/10/2010)

05/14/2010

34 MOTION for Summary Judgment. Document filed by Patrick Cariou.(Brooks,
Daniel) (Entered: 05/14/2010)

05/14/2010

35 RULE 56.1 STATEMENT. Document filed by Patrick Cariou. (Brooks, Daniel)
(Entered: 05/14/2010)

05/14/2010

36 DECLARATION of Eric Doeringer in Support re: 34 MOTION for Summary
Judgment.. Document filed by Patrick Cariou. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C)(Brooks, Daniel) (Entered: 05/14/2010)

05/14/2010

37 MEMORANDUM OF LAW in Support re: 34 MOTION for Summary Judgment..
Document filed by Patrick Cariou. (Brooks, Daniel) (Entered: 05/14/2010)

05/14/2010

38 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks in Support re: 34 MOTION for Summary Judgment.. Document filed by
Patrick Cariou. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E part 1, # 6 Exhibit E part 2, # 7 Exhibit F, # 8 Exhibit G, #
9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14
Exhibit L−1, # 15 Exhibit L−2)(Brooks, Daniel) Modified on 5/18/2010 (jar).
(Entered: 05/14/2010)

05/14/2010

39 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 2) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit M, # 2 Exhibit M−1 part 1, # 3
Exhibit M−1 part 2, # 4 Exhibit M−2, # 5 Exhibit M−3, # 6 Exhibit M−4, # 7
Exhibit N part 1, # 8 Exhibit N part 2, # 9 Exhibit N part 3, # 10 Exhibit N part
4)(Brooks, Daniel) Modified on 5/18/2010 (jar). (Entered: 05/14/2010)

05/14/2010

40 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 3) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit N part 5, # 2 Exhibit N part 6, #
3 Exhibit N part 7, # 4 Exhibit N part 8, # 5 Exhibit N part 9, # 6 Exhibit N part 10,
# 7 Exhibit N part 11)(Brooks, Daniel) Modified on 5/18/2010 (jar). (Entered:
05/14/2010)

05/14/2010

41 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 4) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit N part 12, # 2 Exhibit N part 13,
# 3 Exhibit N part 14, # 4 Exhibit N part 15, # 5 Exhibit N part 16, # 6 Exhibit N
part 17, # 7 Exhibit N part 18)(Brooks, Daniel) Modified on 5/18/2010 (jar).
(Entered: 05/14/2010)

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05/14/2010

42 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 5) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit N part 19, # 2 Exhibit N part 20,
# 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8
Exhibit T part 1, # 9 Exhibit T part 2, # 10 Exhibit T part 3, # 11 Exhibit T part
4)(Brooks, Daniel) Modified on 5/18/2010 (jar). (Entered: 05/14/2010)

05/14/2010

43 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 6) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit U part 1, # 2 Exhibit U part 2, #
3 Exhibit U part 3, # 4 Exhibit U part 4, # 5 Exhibit U part 5, # 6 Exhibit U part 6,
# 7 Exhibit U part 7)(Brooks, Daniel) Modified on 5/18/2010 (jar). (Entered:
05/14/2010)

05/14/2010

44 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 7) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit U part 8, # 2 Exhibit U part 9, #
3 Exhibit U part 10, # 4 Exhibit U part 11, # 5 Exhibit U part 12, # 6 Exhibit U part
13, # 7 Exhibit U part 14, # 8 Exhibit U part 15)(Brooks, Daniel) Modified on
5/18/2010 (jar). (Entered: 05/14/2010)

05/14/2010

45 MOTION for Summary Judgment. Document filed by Richard Prince, Gagosian
Gallery, Inc., Lawrence Gagosian. Responses due by 6/14/2010(Bart, Hollis)
(Entered: 05/14/2010)

05/14/2010

46 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 8) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit U part 16, # 2 Exhibit V, # 3
Exhibit V−1, # 4 Exhibit W, # 5 Exhibit X, # 6 Exhibit Y part 1, # 7 Exhibit U part
2, # 8 Exhibit U part 3, # 9 Exhibit Y part 4, # 10 Exhibit Y part 5)(Brooks, Daniel)
Modified on 5/18/2010 (jar). (Entered: 05/14/2010)

05/14/2010

47 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 9) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit Y part 6, # 2 Exhibit Y part 7, #
3 Exhibit Y part 8, # 4 Exhibit Y part 9, # 5 Exhibit Y part 10, # 6 Exhibit Y part
11, # 7 Exhibit Y part 12)(Brooks, Daniel) Modified on 5/18/2010 (jar). (Entered:
05/14/2010)

05/14/2010

48 AFFIDAVIT of Hollis Gonerka Bart in Support re: 45 MOTION for Summary
Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G − Part 1 of 2, # 8 Exhibit G − Part 2
of 2, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, #
14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19
Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U − Part 1 of 2, # 23
Exhibit U − Part 2 of 2, # 24 Exhibit V, # 25 Exhibit W, # 26 Exhibit X, # 27
Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit BB, # 31 Exhibit CC, #
32 Exhibit DD, # 33 Exhibit EE)(Bart, Hollis) (Entered: 05/14/2010)

05/14/2010

49 AFFIDAVIT of Richard Prince in Support re: 45 MOTION for Summary
Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian. (Attachments: # 1 Exhibit A)(Bart, Hollis) (Entered: 05/14/2010)

05/14/2010

50 MEMORANDUM OF LAW in Support re: 45 MOTION for Summary Judgment..
Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian.
(Bart, Hollis) (Entered: 05/14/2010)

05/14/2010

51 FILING ERROR − DEFICIENT DOCKET ENTRY − DECLARATION of Daniel
J. Brooks (part 10) in Support re: 34 MOTION for Summary Judgment.. Document
filed by Patrick Cariou. (Attachments: # 1 Exhibit Y part 13, # 2 Exhibit Y part 14,
# 3 Exhibit Y part 15, # 4 Exhibit Y part 16, # 5 Exhibit Z, # 6 Exhibit AA, # 7
Exhibit BB, # 8 Exhibit CC, # 9 Exhibit DD, # 10 Exhibit EE, # 11 Exhibit FF, #
12 Exhibit GG, # 13 Exhibit HH, # 14 Exhibit II, # 15 Exhibit JJ, # 16 Exhibit KK,
# 17 Exhibit LL, # 18 Exhibit MM, # 19 Exhibit NN, # 20 Exhibit OO, # 21
Exhibit PP, # 22 Exhibit QQ, # 23 Exhibit RR, # 24 Exhibit SS)(Brooks, Daniel)
Modified on 5/18/2010 (jar). (Entered: 05/14/2010)

Case: 1:08-cv-11327-DAB

As of: 03/28/2011 11:56 AM EDT

8 of 10

05/14/2010

52 RULE 56.1 STATEMENT. Document filed by Richard Prince, Gagosian Gallery,
Inc., Lawrence Gagosian. (Bart, Hollis) (Entered: 05/14/2010)

05/17/2010

53 COMPOSITE EXHIBIT A TO AFFIDAVIT OF DEFENDANT RICHARD
PRINCE IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY
JUDGMENT (relevant photocopies of Yes Rasta book, and other copies of images
which will be attached hereto). Document filed by Richard Prince, Gagosian
Gallery, Inc., Lawrence Gagosian. ***Accepted for filing by the Honorable
Deborah A Batts on 5/7/10 (document #33)(mro) (Entered: 05/17/2010)

05/18/2010

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT
DOCKET ENTRY ERROR. Note to Attorney Daniel Brooks to RE−FILE
Document 47 Declaration in Support of Motion, 43 Declaration in Support of
Motion, 40 Declaration in Support of Motion, 46 Declaration in Support of Motion,
44 Declaration in Support of Motion, 51 Declaration in Support of Motion,, 41
Declaration in Support of Motion, 42 Declaration in Support of Motion, 38
Declaration in Support of Motion, 39 Declaration in Support of Motion.
ERROR(S): Multiple entries of the same document in order to accommodate
exhibits are not accepted. (jar) (Entered: 05/18/2010)

05/18/2010

54 DECLARATION of Daniel J. Brooks in Support re: 34 MOTION for Summary
Judgment.. Document filed by Patrick Cariou. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E part 1, # 6 Exhibit E part 2, #
7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12
Exhibit K, # 13 Exhibit L, # 14 Exhibit L−1 and L−2, # 15 Exhibit M to M−4, # 16
Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21
Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V and V−1, # 25 Exhibit
W, # 26 Exhibit X, # 27 Exhibit Y, # 28 Exhibit Z, # 29 Exhibit AA, # 30 Exhibit
BB, # 31 Exhibit CC, # 32 Exhibit DD, # 33 Exhibit EE, # 34 Exhibit FF, # 35
Exhibit GG, # 36 Exhibit HH, # 37 Exhibit II, # 38 Exhibit JJ, # 39 Exhibit KK, #
40 Exhibit LL, # 41 Exhibit MM, # 42 Exhibit NN, # 43 Exhibit OO, # 44 Exhibit
PP, # 45 Exhibit QQ, # 46 Exhibit RR, # 47 Exhibit SS)(Brooks, Daniel) (Entered:
05/18/2010)

05/25/2010

55 EXHIBITS(attached to Declaration of Daniel J. Brooks): "Yes Rasta" authored by
Patrick Cariou and "Canal Zone" authored by Richard Prince. Document filed by
Patrick Cariou. ***Accepted for filing by the Honorable Deborah A. Batts on
4/23/10, document number 31.(mro) (Entered: 05/25/2010)

06/14/2010

56 DECLARATION of Daniel J. Brooks in Opposition re: 45 MOTION for Summary
Judgment.. Document filed by Patrick Cariou. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brooks, Daniel) (Entered: 06/14/2010)

06/14/2010

57 MEMORANDUM OF LAW in Opposition re: 45 MOTION for Summary
Judgment.. Document filed by Patrick Cariou. (Brooks, Daniel) (Entered:
06/14/2010)

06/14/2010

58 COUNTER STATEMENT TO 52 Rule 56.1 Statement. Document filed by Patrick
Cariou. (Brooks, Daniel) (Entered: 06/14/2010)

06/14/2010

59 MEMORANDUM OF LAW in Opposition re: 34 MOTION for Summary
Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian. (Bart, Hollis) (Entered: 06/14/2010)

06/14/2010

60 COUNTER STATEMENT TO 35 Rule 56.1 Statement. Document filed by
Richard Prince, Gagosian Gallery, Inc., Lawrence Gagosian. (Bart, Hollis)
(Entered: 06/14/2010)

06/14/2010

61 AFFIDAVIT of Hollis Gonerka Bart in Opposition re: 34 MOTION for Summary
Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian. (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)(Bart,
Hollis) (Entered: 06/14/2010)

06/14/2010

62 AFFIDAVIT of Richard Prince in Opposition re: 34 MOTION for Summary
Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian. (Attachments: # 1 Exhibit A)(Bart, Hollis) (Entered: 06/14/2010)

Case: 1:08-cv-11327-DAB

As of: 03/28/2011 11:56 AM EDT

9 of 10

06/24/2010

63 REPLY MEMORANDUM OF LAW in Support re: 34 MOTION for Summary
Judgment.. Document filed by Patrick Cariou. (Brooks, Daniel) (Entered:
06/24/2010)

06/24/2010

64 RESPONSE to Defendants' Counter−Statement of Uncontested Material Facts
Pursuant to Local Rule 56.1. Document filed by Patrick Cariou. (Brooks, Daniel)
(Entered: 06/24/2010)

06/24/2010

65 REPLY AFFIRMATION of Daniel J. Brooks in Support re: 34 MOTION for
Summary Judgment.. Document filed by Patrick Cariou. (Attachments: # 1 Exhibit
A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D part 1, # 5 Exhibit D part 2)(Brooks,
Daniel) (Entered: 06/24/2010)

06/24/2010

66 REPLY MEMORANDUM OF LAW in Opposition re: 34 MOTION for Summary
Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc., Lawrence
Gagosian. (Bart, Hollis) (Entered: 06/24/2010)

06/24/2010

67 REPLY AFFIDAVIT of Hollis Gonerka Bart in Opposition re: 45 MOTION for
Summary Judgment.. Document filed by Richard Prince, Gagosian Gallery, Inc.,
Lawrence Gagosian. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C −
Part 1 of 3, # 4 Exhibit C − Part 2 of 3, # 5 Exhibit C − Part 3 of 3)(Bart, Hollis)
(Entered: 06/24/2010)

06/24/2010

68 RULE 56.1 STATEMENT. Document filed by Richard Prince, Gagosian Gallery,
Inc., Lawrence Gagosian. (Bart, Hollis) (Entered: 06/24/2010)

07/01/2010

69 ENDORSED LETTER addressed to Judge Deborah A. Batts from Daniel J. Brooks
dated 7/1/10 re: counsel requests that the Court direct the Clerk's Office to accept
in hard copy and enter on the docket sheet plaintiff's notice of motion, Local Rule
56.1 Statement and supporting declarations and exhibits, including my May 7,
2010 declaration, which has attached to it a number of exhibits in color which we
were unable to file through ECF. ENDORSEMENT: Granted. (Signed by Judge
Deborah A. Batts on 7/1/10) (djc) (Entered: 07/02/2010)

07/07/2010

70 MOTION for Summary Judgment pursuant to Rule 56 of the FRCP. Document
filed by Patrick Cariou. ***Rule 56.1 statement, Brooks Declaration, Doeringer
Declaration and Exhibits attached hereto. (Accepted for filing in hard copy by the
Honorable Deborah A. Batts on 7/1/10, document #69)(mro) (Entered: 07/09/2010)

03/18/2011

71 MEMORANDUM AND ORDER: Defendants shall notify in writing any current or
future owners of the Paintings of whom they are or become aware that the
Paintings infringe the copyright in the Photographs, that the Paintings were not
lawfully made under the Copyright Act of 1976, and that the Paintings cannot
lawfully be displayed under 17 U.S.C. § 109(c). That the Parties shall appear
before this Court on May 6, 2011 at 11:00 am for a status conference regarding
damages, profits, and Plaintiff's costs and reasonable attorney's fees. (Signed by
Judge Deborah A. Batts on 3/18/2011) (jpo) (Entered: 03/18/2011)

03/24/2011

72 NOTICE OF APPEARANCE by Jonathan David Schiller on behalf of Richard
Prince (Schiller, Jonathan) (Entered: 03/24/2011)

03/24/2011

73 NOTICE OF APPEARANCE by Joshua Schiller on behalf of Richard Prince
(Schiller, Joshua) (Entered: 03/24/2011)

03/24/2011

74 NOTICE OF APPEARANCE by George F. Carpinello on behalf of Richard Prince
(Carpinello, George) (Entered: 03/24/2011)

03/25/2011

75 JOINT NOTICE OF APPEAL from 71 Memorandum &Order. Document filed by
Lawrence Gagosian, Gagosian Gallery, Inc., Richard Prince. Filing fee $ 455.00,
receipt number E 933143. (nd) Modified on 3/28/2011 (nd). (Entered: 03/28/2011)

03/28/2011

Transmission of Notice of Appeal to the District Judge re: 75 Joint Notice of
Appeal. (nd). (Entered: 03/28/2011)

03/28/2011

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court
of Appeals re: 75 Joint Notice of Appeal. (nd) (Entered: 03/28/2011)

03/28/2011

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on
Appeal Electronic Files for 4 Affidavit of Service Complaints filed by Patrick

Case: 1:08-cv-11327-DAB

As of: 03/28/2011 11:56 AM EDT

10 of 10

Cariou, 14 Answer to Amended Complaint filed by Gagosian Gallery, Inc.,
Lawrence Gagosian, 1 Complaint filed by Patrick Cariou, 33 Endorsed Letter, Set
Deadlines/Hearings,,,, 68 Rule 56.1 Statement filed by Gagosian Gallery, Inc.,
Richard Prince, Lawrence Gagosian, 72 Notice of Appearance filed by Richard
Prince, 48 Affidavit in Support of Motion,,, filed by Gagosian Gallery, Inc.,
Richard Prince, Lawrence Gagosian, 25 Protective Order, 74 Notice of Appearance
filed by Richard Prince, 54 Declaration in Support of Motion,,,, filed by Patrick
Cariou, 16 Rule 7.1 Corporate Disclosure Statement filed by Gagosian Gallery,
Inc., Lawrence Gagosian, 20 Answer to Crossclaim filed by Gagosian Gallery,
Inc., Lawrence Gagosian, 7 Stipulation and Order, Set Deadlines/Hearings,, 6
Amended Complaint filed by Patrick Cariou, 57 Memorandum of Law in
Opposition to Motion filed by Patrick Cariou, 45 MOTION for Summary
Judgment. filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 31
Endorsed Letter,, 58 Counter Statement to Rule 56.1 filed by Patrick Cariou, 2
Affidavit of Service Complaints filed by Patrick Cariou, 56 Declaration in
Opposition to Motion filed by Patrick Cariou, 23 Rule 26 Disclosure filed by
Richard Prince, 61 Affidavit in Opposition to Motion, filed by Gagosian Gallery,
Inc., Richard Prince, Lawrence Gagosian, 26 Stipulation and Order of Dismissal,
21 Answer to Crossclaim, filed by Richard Prince, 27 Endorsed Letter, 24
Scheduling Order,,,, 37 Memorandum of Law in Support of Motion filed by Patrick
Cariou, 15 Notice of Appearance filed by Gagosian Gallery, Inc., Lawrence
Gagosian, 60 Counter Statement to Rule 56.1 filed by Gagosian Gallery, Inc.,
Richard Prince, Lawrence Gagosian, 12 Answer to Amended Complaint filed by
Richard Prince, 36 Declaration in Support of Motion filed by Patrick Cariou, 62
Affidavit in Opposition to Motion filed by Gagosian Gallery, Inc., Richard Prince,
Lawrence Gagosian, 13 Notice of Appearance filed by Gagosian Gallery, Inc.,
Lawrence Gagosian, 28 Order,, 67 Reply Affidavit in Opposition to Motion, filed
by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 75 Notice of
Appeal filed by Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 18
Notice of Appearance filed by Rizzoli International Publications, Inc., 10 Notice of
Appearance filed by Richard Prince, 34 MOTION for Summary Judgment. filed by
Patrick Cariou, 30 Endorsed Letter, Set Deadlines/Hearings,, 49 Affidavit in
Support of Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence
Gagosian, 3 Affidavit of Service Complaints filed by Patrick Cariou, 50
Memorandum of Law in Support of Motion filed by Gagosian Gallery, Inc.,
Richard Prince, Lawrence Gagosian, 5 Affidavit of Service Complaints filed by
Patrick Cariou, 19 Answer to Amended Complaint, Crossclaim filed by Rizzoli
International Publications, Inc., 29 Stipulation and Order of Dismissal,,, 22 Rule 26
Disclosure filed by Patrick Cariou, 63 Reply Memorandum of Law in Support of
Motion filed by Patrick Cariou, 73 Notice of Appearance filed by Richard Prince,
32 Endorsed Letter, Set Deadlines/Hearings,, 64 Response filed by Patrick Cariou,
52 Rule 56.1 Statement filed by Gagosian Gallery, Inc., Richard Prince, Lawrence
Gagosian, 11 Rule 7.1 Corporate Disclosure Statement filed by Richard Prince, 17
Rule 7.1 Corporate Disclosure Statement filed by Rizzoli International
Publications, Inc., 8 Stipulation and Order, Set Deadlines/Hearings,, 69 Endorsed
Letter,, 9 Stipulation and Order, Set Deadlines/Hearings,, 59 Memorandum of Law
in Opposition to Motion filed by Gagosian Gallery, Inc., Richard Prince, Lawrence
Gagosian, 66 Reply Memorandum of Law in Oppisition to Motion filed by
Gagosian Gallery, Inc., Richard Prince, Lawrence Gagosian, 35 Rule 56.1
Statement filed by Patrick Cariou, 71 Order, Set Deadlines/Hearings,,,, were
transmitted to the U.S. Court of Appeals. (nd) (Entered: 03/28/2011)