Brown University v. Gary Zimet

Filing 29

PRELIMINARY INJUNCTION by Judge George H. Wu. (1) Defendant Gary Zimet ("Defendant"), his agents, servants, employees, attorneys, and all others in active concert or participation with him, is restrained and enjoined during the pendency of this action from selling, transferring, or otherwise alienating any document in Defendant's possession, custody, or control that was once owned by Brown University ("Plaintiff") ("the Documents"). (See document for further details). Plaintiff shall file proof of bond in the amount of $5,000 within ten (10) business days after entry of this Order. (mrgo)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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) CASE NO.: CV 17-7522-GW(GJSx)
BROWN UNIVERSITY
In Providence in the State of Rhode )
Island and Providence Plantations, )
) PRELIMINARY INJUNCTION
)
Plaintiff,
)
)
v.
)
)
GARY ZIMET,
)
)
Defendant.
)
)

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Brown University (“Plaintiff”) has sued Gary Zimet (“Defendant”) in

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connection with Zimet’s possession of, and plan to auction off, the student file of John

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F. Kennedy, Jr. (“JFK, Jr.”), that was compiled while he was an applicant and student

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at the university. (Docket Nos. 1-2.) On October 19, 2017, Plaintiff applied for a

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temporary restraining order to prevent Defendant from “selling, transferring or

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otherwise alienating any document in his possession, custody, or control that was once

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owned by Brown University,” including the JFK, Jr. files. (Docket Nos. 11-17.) The

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1.

[PROPOSED] PRELIMINARY INJUNCTION

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Court granted the request, finding Plaintiff had satisfied both the traditional injunctive

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relief test and the Ninth Circuit’s alternative “sliding scale” test. (Docket Nos. 18-19.)

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The Court set a briefing schedule and a hearing to determine whether the

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temporary restraining order should be converted into a preliminary injunction. (Docket

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No. 19.) Plaintiff served Defendant with the Summons and Complaint (and other

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materials, including the temporary restraining order and materials related thereto) on

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October 22, 2017. (Docket No. 20.) Defendant filed an opposition brief. (Docket No.

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21.) Plaintiff filed a reply brief and evidentiary objections. (Docket Nos. 23-24.) On

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November 2, 2017, following argument of counsel, the Court granted Plaintiff’s

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request for preliminary injunction for the reasons stated in its tentative ruling which

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was adopted as the Court’s final ruling. (Docket No. 25.)
FINDINGS

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Pursuant to Fed. R. Civ. P. 65 and Local Rule 65, and after consideration of the

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Verified Complaint, Brown University’s Application for Preliminary Injunction, and

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all other papers filed herein, it appears to the satisfaction of the Court that:
(1)

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pleadings and papers were properly served on Defendant.
(2)

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The Summons, Complaint, Temporary Restraining Order, and other
This Court has jurisdiction over the subject matter of this case, and

personal jurisdiction over Defendant.

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(3)

Venue lies properly with this Court.

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(4)

The Complaint states a claim upon which relief can be granted, and

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Plaintiff has the authority to seek the relief it has requested.

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(5)

Plaintiff is likely to prevail on the merits of this action.

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(6)

The documents at issue are unique and bear both intrinsic and historical

(7)

There is a substantial likelihood that the documents will be transferred,

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value.

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sold or otherwise disposed of before the Court has an opportunity to hear evidence at a

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trial on the merits of ownership.
2.

[PROPOSED] PRELIMINARY INJUNCTION

(8)

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capable of compensation by simple money damages.
(9)

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If that happens, Plaintiff will suffer irreparable harm that will not be
Defendant will not be harmed if the status quo is maintained until the trial

on the merits of ownership.
(10) Weighing the equities and considering the Plaintiff’s likelihood of success

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in the action, a preliminary injunction is in the public interest.

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(11) Plaintiff is to post bond in the amount of $5,000.
ORDER

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(1)

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Defendant Gary Zimet (“Defendant”), his agents, servants, employees,

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attorneys, and all others in active concert or participation with him, is restrained and

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enjoined during the pendency of this action from selling, transferring, or otherwise

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alienating any document in Defendant’s possession, custody, or control that was once

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owned by Brown University (“Plaintiff”) (“the Documents”).
(2)

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The Documents include, but are not limited to the documents currently

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offered for sale on the website www.momentsintime.com relating to the application for

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admission to Brown University if John Fitzgerald Kennedy, Jr. and any and all letters

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written by Mrs. Jaqueline Kennedy Onassis relating to Mr. Kennedy’s application for

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admission or in any way related to Mr. Kennedy’s time as a student at Brown

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University.
(3)

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The Documents also include, but are not limited to, any documents written

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by any professor, administrator, agent or employee of Brown University in any way

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relating to Mr. Kennedy.
(4)

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The Documents also include, but are not limited to, any and every

document in any way related to Mr. Kennedy’s time as a student at Brown University.
(5)

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This Preliminary Injunction is effective from November 2, 2017, and shall

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continue in effect until this Court enters final judgment in this action or otherwise

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vacates this Order.

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3.

[PROPOSED] PRELIMINARY INJUNCTION

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(6)

Plaintiff shall file proof of bond in the amount of $5,000 within ten (10)

business days after entry of this Order.
(7)

Defendant shall immediately provide a copy of this Order to any person

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or entity that has attempted, offered, or contracted to sell any of the Documents

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through, with the assistance of, or to Defendant. Defendant shall, within three (3)

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business days following written request by email to Defendant’s counsel, Theida

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Salazar, at [e-mail], serve upon counsel for Plaintiff, by email to

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Christopher A. Duggan via [e-mail] and Kevin R. Crisp via

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[e-mail], a declaration by Defendant under penalty of perjury that he

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has complied with this paragraph. The statement by Defendant shall include the name,

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address, telephone number, and email address, of each such person or entity who was

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provided with a copy of this Order pursuant to this paragraph.

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(8)

Plaintiff’s attorneys, agents, or employees may serve this Order upon any

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person or entity that may have possession, custody, control, or knowledge of any of the

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Documents, or any other entity or person that may be otherwise subject to any provision

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of this Order, by delivering a copy of this Order by any means, including, but not

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limited to, facsimile transmission or electronic mail.

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(9)

This Preliminary Injunction shall survive the filing of an Amended

Complaint.

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(10) Any party may seek to modify this Order by noticed motion.

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ENTERED this 13th day of November, 2017.

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GEORGE H. WU,
United States District Judge

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4.

[PROPOSED] PRELIMINARY INJUNCTION