Cariou v. Prince

Filing 168

OPPOSITION TO MOTION to extend time [161], on behalf of Appellant Richard Prince, FILED. Service date 01/31/2012 by CM/ECF. [513777][168] [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 JONATHAN SCHILLER IN OPPOSITION TO COUNSEL
FOR AMICI CURIAE’S MOTION FOR EXTENSION OF DEADLINE TO FILE
AMICUS 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 Opposition to counsel for Amici Curiae’s Motion
For Extension Of Deadline To File Amicus Brief.
2.

Today, Dale Cendali, counsel for Amici Curiae supporting Plaintiff-

Appellee Patrick Cariou, entered a motion requesting an extension of the due date to file
an amicus brief on behalf of the American Society of Media Photogrpahers, Inc. and the
Picture Archive Council for America, Inc. Currently, their brief would be due tomorrow
February 1, 2012, and counsel has asked for a 7 day extension which would allow Amici
to file their brief on February 8, 2012 the same day that Defendants-Apellants are
required to submit their reply brief in this appeal.
3.

Unless Defendants-Appellants’ request for an extension to file the reply

brief is granted, should Amici counsel receive the requested extension the DefendantsAppellants will not have the opportunity to review their brief nor the opportunity to reply
to their arguments. We believe that this would prejudice Defendants-Appellants ability
to fairly and adequately address any issues presented by the Amici in support of PlaintiffAppellee.
4.

On behalf of Defendants-Appellants Richard Prince, Larry Gagosian and

the Gagosian Gallery, I submit this Declaration stating that Defendants-Appellants
oppose any extension on the due date for Amici Curiae briefs in support of PlaintiffAppellee at this time.

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5.

As a professional courtesy, if Defendants-Appellants request for an

extension for the reply brief until February 22, 2012 is granted, Defendants-Appellants
would not oppose a 7 day extension for Amici counsel to submit their brief.

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

EXECUTED on this 31th day of January, 2012.

____/s/______________________________
Joshua I. Schiller

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