Armenian Library and Museum of America, Inc v. Morganroth

Filing 9

NOTICE by Armenian Library and Museum of America, Inc (Attachments: # 1 Exhibit, # 2 Exhibit)(Harivandi, Zsaleh)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

ARMENIAN LIBRARY AND MUSEUM OF
AMERICA, INC.,
Plaintiff,
v.

Case No. 11-cv-11862-MLW

MAYER MORGANROTH,
Defendant.

PLAINTIFF ARMENIAN LIBRARY AND MUSEUM OF AMERICA, INC.’S
SUPPLEMENTAL NOTICE
Plaintiff Armenian Library and Museum of American, Inc. (“ALMA”), hereby submits
this supplemental notice pursuant to Federal Rule of Civil Procedure 15(d).
On October 21, 2011, Defendant Mayer Morganroth, on behalf of the Estate of Dr. Jack
Kevorkian, filed a complaint against ALMA and its curator in the Circuit Court for the County of
Oakland in the State of Michigan (“Michigan action”). In the brief supporting his motion to
dismiss, Morganroth used the Michigan action as evidence that the dispute between the parties
should be litigated in Michigan. Def.’s Br. Supp. Mot. Dismiss Lack Personal Jur., ECF No. 5,
at 11.
On January 18, 2012, the Oakland County Circuit Court dismissed the Michigan action
without prejudice. Ex. A (Order / Re: Mot.). As the Circuit Court explained, because the “issue
in both cases is identical,” the “Massachusetts action was filed first and it should proceed unless
and until it is dismissed.” Ex. B, 12 (Tr. of Mot. for Summary Disposition). A copy of both the
Order and the Transcript from the Michigan action are attached hereto as Exhibits A and B,
respectively.

Respectfully submitted,
ARMENIAN LIBRARY AND MUSEUM OF
AMERICA, INC.
By its attorneys,

/s/ Zsaleh E. Harivandi
Harold W. Potter (BBO No. 404240)
[e-mail]
Zsaleh E. Harivandi (BBO No. 678891)
[e-mail]
HOLLAND & KNIGHT LLP
10 St. James Avenue, 15th Floor
Boston, MA 02116
[phone]
Dated: February 7, 2012
Boston, Massachusetts

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was filed electronically and served
by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail
to all parties by operation of the Court’s electronic filing as indicated on the Notice of Electronic
Filing. Parties may access this filing through the Court’s CM/ECF System.
/s/ Zsaleh E. Harivandi
Zsaleh E. Harivandi

#10927618_v1

2