Brown University v. Gary Zimet

Filing 30

AMENDED 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 pend ency of this action from selling, transferring, copying or otherwise alienating any document in Defendants possession, custody, or control thatwas once owned by Brown University ("Plaintiff") ("the Documents"). Please refer to the Court's order for details. (cr)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

9
10
11
12
13
14
15
16
17
18

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

19
20
21
22
23
24
25
26
27

Brown University (“Plaintiff”) has sued Gary Zimet (“Defendant”) in
connection with Zimet’s possession of, and plan to auction off, the Student File of John
F. Kennedy, Jr. (“JFK, Jr.”), that was compiled while he was an applicant and student
at the University. (Docket Nos. 1-2.) On October 19, 2017, Plaintiff applied for a
temporary restraining order to prevent Defendant from “selling, transferring or
otherwise alienating any document in his possession, custody, or control that was once
owned by Brown University,” including the JFK, Jr. Student File. (Docket Nos. 1117.) The Court granted the request, finding Plaintiff had satisfied both the traditional

28
1.

AMENDED PRELIMINARY INJUNCTION

1

injunctive relief test and the Ninth Circuit’s alternative “sliding scale” test. (Docket

2

Nos. 18-19.)

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12
13

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

14

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

15

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

16
17

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

18
19

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

personal jurisdiction over Defendant.

20

(3)

Venue lies properly with this Court.

21

(4)

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

22

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

23

(5)

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

24

(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,

25
26
27

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

28
2.

AMENDED PRELIMINARY INJUNCTION

1

trial on the merits of ownership unless the Court enters the Injunctive relief Plaintiff

2

seeks.

3
4
5
6
7
8

(8)

If that happens, Plaintiff will suffer irreparable harm that will not be

capable of compensation by simple money damages.
(9)

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

9
10

(1)

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

11

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

12

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

13

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

14

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

15

(2)

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

16

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

17

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

18

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

19

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

20

University.

21

(3)

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

22

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

23

relating to Mr. Kennedy.

24
25
26

(4)

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)

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

27

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

28

Order.
3.

AMENDED PRELIMINARY INJUNCTION

1
2
3

(6)

Plaintiff is to post bond in the amount of $5,000 and shall file proof of the

bond within ten (10) business days after entry of this Order.
(7)

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

4

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

5

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

6

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

7

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

8

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

9

kcrisp@lc‐lawyers.com, a declaration by Defendant under penalty of perjury that he has

10

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

11

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

12

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

13

(8)

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

14

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

15

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

16

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

17

limited to, facsimile transmission or electronic mail.

18
19
20

(9)

This Preliminary Injunction shall survive the filing of an Amended

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

21
22

ENTERED this 15th day of November, 2017.

23
24
25

GEORGE H. WU, U.S. District Judge

26
27
28
4.

AMENDED PRELIMINARY INJUNCTION