Cariou v. Prince

Filing 11

FORM C, on behalf of Appellant Lawrence Gagosian and Gagosian Gallery, Inc., FILED. Service date 04/08/2011 by email, CM/ECF.[258399] [11-1197]

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C)
3. STAPLE ALL ADDITIONAL PAGES

2. PLEASE TYPE OR PRINT.

1. SEE NOTICE ON REVERSE.

Distrct Court or Agency:

Judge:

Southern District of New York

Hon. Deborah A. Batts

Date the Order or Judgment Appealed
from was Entered on the Docket:

District Court Docket No.:

Case Caption:

Patrick Cariou v. Richard Prince, Gagosian
Gallery, Inc., Lawrence Gagosian, and Rizzoli
International Publications, Inc.

08-cv-11327

03/18/11
Date the Notice of Appeal was Filed:

03/25/11

(J es

Telephone No.:

Address:

Counsel's Name:

Attorney(s) for
Appellant(s):

Is this a Cross Appeal?

0No
E-mail:

Fax No.:

Holls Gonerka Bart, Esq./ Withers Bergman LLP/430 Park Avenue, 10th Floor/ New York, N.Y 10022/

Dlaintiff

212-848-9854(p)/212-848-9888(f)/ Holls.Bart(Qwithers.us.com (Counsel for Gagosian Gallery, Inc. and Lawrence
Gagosian)

¡zefendant

Jonathan Schiller, Esq./oies Schiller & Flexner LLP/575 Lexington Ave., 7th Floor/New York, N.Y. 10022/

212-446-2388(p)/212-446-2350(f)/ jschiller(Qbsflp.com (Counsel for Richard Prince)
Telephone No.:

Address:

E-mail:

Fax No.:

Attorney(s) for

Counsel's Name:

AppeUee(s):

Daniel J. Brooks, Esq./Schnader Harrison Segal & Lewis LLP/140 Broadway, Suite
31001 New York, N.Y. 100051 212-973-8150(p)1 212-972-8798(f)1
dbrookscæsch nader. com

izlaintiff
DDefendant

Approx. Number of
Transcript
Pages:

Has Transcript
Been Prepared?

No.

Number of

Has this matter been before this Circuit previously?

Exhibits
Appended to

Des

(l No

If Yes, provide the following:

Transcript:

N/A

Case Name:

N/A

Reporter Citation: (i.e., F.3d or Fed. App.)

2d Cir. Docket N~.:

ADDENDUM "A": COUNSEL MUST ATTACH TO TilS FO~: (1) A BRIEF, BUT NOT PERFUNCTORY, DESCRIPTION OF THE
NATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COPY OF THE NOTICE OF APPEAL AND A CURRNT COPY OF
THE LOWER COURT DOCKET SHEET; AND (4) A COpy OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FOR
TilS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS.

ADDENDUM "B": COUNSEL MUST ATTACH TO TilS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL,
AS WELL AS THE APPLICABLE'APPELLATE STANDARD OF REVIW FOR EACH PROPOSED ISSUE.
PART A:

."

1. Federal Jurisdiction

0
0

U.S. a part

o Diversity

Federal question

o Other (specifY:

(U.S. not a part)

JUSDICTION

0
0

2. Appellate Jurisdiction

'0

Final Decision
Interlocutory Decision
Appealable As of

Right

0

Order Certified by District Judge (i.e.,
Fed. R. Civ. P. 54(b))
Other (specify):

IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.

PART B: DISTRICT COURT DISPOSITION
2. Type of Judgment/Order Appealed

I. Stage ofProceedings

0
0
0

(Check as many as apply)
3. Relief

Pre-tral

o Default judgment

o Dismissal/other jurisdiction

During trial

o DismissaIRCP 12(b)(I)

o Dismissal/merit

lack of subj. matter juris.

After tral

o Judgment / Decision of the Court
ø Summar judgment

o Dismissal/FRCP 12(b)(6)

failure to state a claim

o Declaratory judgment

o Dismissal/28 V.S.C. § 1915(e)(2)
frvolous complaint
o Dismissal/28 V.S.C. § 1915(e)(2)

other dismissal

0

Jury verdict
o Judgment NOV

o Damages:

-

ø Injunctions:

0 Sought: $_
0

-

TI

Granted: $

Denied: $

o Preliminary

(2 Permanent

o Denied

o Directed verdict
o Other (specify):

PART C: NATURE OF SUIT (Check as many as apply)
2. Tort

1. Federal Statues
Information Act

Antitrst

o Freedom of
o Communications
o Consumer Protection 0 Immigrtion

o Admiralty/

DBankrptcy
DBanks/Banking

IZ CopyrghtDPatent 0 Labor

o Assault /

o

DCivil Rights
o

Commodities

o Admiralty/

Maritime
o Arbitration

o Environmental

o Insurance

o Other (Specify):

Tax

o Commercial
o Employment

o Products Liability

o

o FELA

o Securities

o Soc. Security

DEnergy
o

Defamation

o Trademark 0 OSHA
o Election

Commerce,

Maritime

3. Contracts

4, Prisoner Petitions

0
0
0
0
0
0

Civil Rights
Habeas Corpus
Mandamus
Parole

o Negotiable

Vacate Sentence

Other

Instrments

DOther (specify):

o Other

7. Wil appeal raise constitutional issue(s)?

6. General

5. Other

DYes 0 No

o Arbitration
o Forfeiture/Penalty

o Attorney Disqualification

o Real Propert

o Class Action

o Treaty (specify):

o Counsel Fees

o Other (specify):

Wil appeal raise a matter of first
impression?

o Shareholder Derivative

DYes

lJ Trasfer

i. Is any matter relative to this appeal stil pending below? iz Yes, specify:

0No
DNo

Damages Hearing

2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency

which:
(A)
(B)
If

Arses from substatially the same case or controversy as this appeal?

DYes

IZNo

Involves an issue that is substantially similar or related to an issue in this appeal?

DYes

IZNo

yes, state whether O"A," or O'B," orOboth are applicable, and provide in the spaces below the following information on the other action(s):

Case Name:
I Docket No.

I Citation:

I Court or Agency:

Name of Appellant:

Date:

Signatue of Counsel of Re

April 8, 2011

NOTICE TO COUNSEL
Once you have fied your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the following
important steps:
i. Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and fie it with the Clerk of the Second Circuit in
accordance with LR 25.1.
the Second Circuit in accordance with LR 25. i.
2. File the Court of Appeals Transcript Information/Civil Appeal Form (Form D) with the Clerk of
the United States District Court unless you are authorized to prosecute the appeal without payment.
3. Pay the $455 docketing fee to the Clerk of

PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIRMENTS WITilN 14 DAYS, YOUR APPEAL WILL BE
DISMISSED. SEE LOCAL RULE 12.1.