Briski v. Hersey

Filing 22


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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ZANA BRISKI, 11 For the Northern District of California United States District Court 10 12 13 14 15 Plaintiff, No. C 17-02675 WHA v. DOROTHY HERSEY, ORDER GRANTING PRELIMINARY INJUNCTION Defendant. / 16 This order is directed to defendant Dorothy Hersey. 17 Plaintiff Zana Briski moves for a preliminary injunction seeking the return of the eleven 18 photographs she consigned to Hersey pursuant to their October 2016 consignment agreement. 19 For the reasons stated on the record, and based on evidence presented in the briefing, Briski has 20 satisfied the four requirements of a preliminary injunction. She is likely to succeed on her 21 contract and conversion claims (on which default has already been entered), and if the artwork 22 is not returned, she is likely to be irreparably harmed by its damage or destruction. The balance 23 of equities tip in Briski’s favor, and it is in the public’s interest to have this artwork returned to 24 its rightful owner. Briski’s motion for a preliminary injunction is GRANTED. Since there is no 25 risk that Hersey will be harmed by returning Briski’s photographs, no bond is required. 26 Hersey is HEREBY ORDERED to return the eleven photographs that were the subject of 27 the consignment agreement between Briski and Hersey to Briski’s attorney, Nicholas Carlin, as 28 set forth below. On JULY 14 AT NOON or such earlier time as the parties agree to in writing, Attorney Carlin will pick up the artwork in question from Hersey at the location at which the 1 artwork is being stored. Hersey must notify him where to pick up the artwork at least two days 2 in advance. To facilitate this transfer, Attorney Carlin will be given access to the artwork, and 3 an adequate opportunity to investigate it and document its condition. He, along with any 4 individuals he requires to assist him in moving the artwork, shall be permitted to package and 5 move the art. 6 7 Briski shall serve this order on Hersey by personal service no later than JULY 10 AT NOON. 8 9 IT IS SO ORDERED. 10 For the Northern District of California United States District Court Dated: June 29, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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