Cariou v. Prince

Filing 154

MOTION, to extend time, on behalf of Appellant Richard Prince, FILED. Service date 01/27/2012 by CM/ECF. [510962] [11-1197]

11-1197-cv
United States Court of Appeals
FOR THE SECOND CIRCUIT
RICHARD PRINCE,
GAGOSIAN GALLERY, INC.,
and LAWRENCE GAGOSIAN,
Defendant-Appellants,
v.
PATRICK CARIOU,
Plaintiff-Appellee.
___________

On Appeal from the United States District Court
for the Southern District of New York
Declaration of Joshua I. Schiller
Hollis Gonerka Bart
Chaya Weinberg-Brodt
Dara G. Hammerman
Azmina N. Jasani
WITHERS BERGMAN LLP
430 Park Avenue, 10th Floor
New York, NY 10022
[phone]

Jonathan D. Schiller
George F. Carpinello
Joshua I. Schiller
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue, 7th Floor
New York, NY 10022
[phone]

Attorneys for Appellants
Gagosian Gallery, Inc. and
Lawrence Gagosian

Attorneys for Appellant
Richard Prince

DECLARATION OF JOSHUA I. SCHILLER IN SUPPORT OF DEFENDANTSAPPELLANTS’ MOTION FOR EXTENSION OF DEADLINE TO FILE REPLY
BRIEF

I, JOSHUA I. SCHILLER declare:
1.

I am an attorney from the law firm of BOIES, SCHILLER

AND

FLEXNER,

LLP, and I make this Declaration in Support of Defendants-Appellants’ Motion for
Extension of Deadline to File Reply Brief.
2.

On Wednesday January 25, 2012, Plaintiff-Appellee Patrick Cariou filed

his Brief.

In accordance with Local Rule 31.2(a)(2), I calculate that Defendants-

Appellants’ Reply Brief is currently due 14 days thereafter or on February 8, 2012.
3.

Because of the importance and complicated nature of the copyright issues

presented in this appeal, Defendants-Appellants respectfully request an extension of an
additional 14 days to the deadline for the Reply Brief extending the due date to February
22, 2012.
4.

Currently, no oral argument has been scheduled for this appeal. The

submission of the Reply Brief on February 22, 2012 would likely not interfere with the
scheduling of the oral argument.
5.

This afternoon, I spoke on the phone with Mr. Cariou’s attorney Daniel

Brooks to alert him that Defendants-Appellants were seeking an extension of 14 days on
their deadline for submitting the reply. I asked Mr. Brooks whether he would oppose the
extension. After consideration, Mr. Brooks called me back and told me that PlaintiffAppellee had no objection to an extension of 14 days.

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6.

Defendants-Appellants seek this relief with the support of Plaintiff-

Appellee who does not oppose extending the deadline for the Reply Brief to February 22,
2012.

I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on this 27th day of January, 2012.

____/s/ Joshua I. Schiller_____

Joshua I. Schiller
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue, 7th Floor
New York, NY 10022
[phone]

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