Toffoloni v. LFP Publishing Group, LLC

Filing 50

MOTION for Partial Summary Judgment as to Liability with Brief In Support by Maureen Toffoloni. (Attachments: # 1 Brief, # 2 Statement of Material Facts)(Decker, Richard) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--

Toffoloni v. LFP Publishing Group, LLC

Doc. 50 Att. 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA MAUREEN TOFFOLONI, as Administrarix and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, v. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an Individual, and other distributors and sellers of, Hustler Magazine, as Defendants X, Y, and Z, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:08-CV-0421-TWT

STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE TRIED COMES NOW, Plaintiff, Maureen Toffoloni, as Administratrix and Personal Representative of the Estate of Nancy E. Benoit, through counsel and files this her Statement of Material Facts as to Which There is No Genuine Issue to be Tried with this Court as follows:

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Dockets.Justia.com

(1) Plaintiff is the personal representative of the Estate of Nancy E. Benoit, who died intestate in Fayette County, Georgia in June of 2007. See Verified Complaint ¶ 1. (2) Defendant LFP Publishing Group, LLC is the publisher of "Hustler Magazine." See Answer of Defendant LFP Publishing Group, LLC ¶ 2. (3) Defendant published nude and partially nude images (the "images") of Nancy E. Benoit in its "March 2008" edition. See Answer ¶ 8. (4) At no time has Defendant ever sought or obtained the permission of Nancy E. Benoit or the Estate of Nancy E. Benoit to publish for commercial purposes the images of Nancy E. Benoit. See Verified Complaint, Exhibits A, B, C, and D. (5) At no time has the Defendant ever compensated Nancy E. Benoit or the Estate of Nancy E. Benoit for the use, for commercial purposes, of the images of Nancy E. Benoit. See Verified Complaint, Exhibits A, B, C, and D.
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Respectfully submitted October 16, 2009.

/s/ Richard P. Decker RICHARD P. DECKER State Bar of Georgia #215600 F. EDWIN HALLMAN, JR. State Bar of Georgia #319800 RICHARD A. WINGATE State Bar of Georgia #770617 ZACHARY M. WILSON III State Bar of Georgia #559581 For HALLMAN & WINGATE, LLC Attorneys for Plaintiff 166 Anderson Street, S.E. Suite 210 Marietta, Georgia 30060 [phone]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA MAUREEN TOFFOLONI, as Administrarix and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, v. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an Individual, and other distributors and sellers of, Hustler Magazine, as Defendants X, Y, and Z, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:08-CV-0421-TWT

CERTIFICATE OF SERVICE This is to certify that on October 16, 2009, I have electronically filed the foregoing Statement of Material Facts as to Which There is No Genuine Issue to be Tried with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the following attorney(s) of record: James Clifton Rawls, Esq. S. Derek Bauer, Esq. Barry J. Armstrong, Esq.
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Darrell Jay Solomon, Esq. Jeffrey F. Reina, Esq. Paul J. Cambria, Esq. and by placing a copy of same in the United States Mail in a properly addressed envelope with adequate postage thereon to: William M. Feigenbaum, Esq. Lipsitz, Green, Scime, Cambria, LLP 42 Delaware Avenue, Suite 120 Buffalo, NY 14202

/s/ Richard P. Decker RICHARD P. DECKER State Bar of Georgia #215600 For HALLMAN & WINGATE, LLC Attorneys for Plaintiff 166 Anderson Street, S.E. Suite 210 Marietta, Georgia 30060 [phone]

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