Fairey et al v. The Associated Press

Filing 100

NOTICE OF MOTION for an Order, pursuant to Rule 26(c) of the F.R.C.P., for a Protective Order, postponing the deposition of Shepard Fairey for six months, pending the outcome of a federal criminal investigation concerning matters at issue in this case. In the event the Court decides not to grant the requested relief, movants request an order limiting the scope of Mr. Fairey's deposition for now to the merits issues, not including issues concerning spoliation of evidence. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(tro) (This document was previously filed under seal in envelope #84 and unsealed by document #99 on 1/27/2010.)

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Fairey et al v. The Associated Press Doc. 100 Confidential Filed Under Seal Pursuant to Protective Order Geoffrey S. Stewart Meir Feder Chris J. Lopata Jones Day 222 E. 41st Street New York, NY 10017-6702 Telephone: (212) 326-3939 Email: gstewart@jonesday.com William W. Fisher III (admitted pro hac vice) 1575 Massachusetts Avenue Cambridge, Massachusetts 02138 Telephone: (617) 495-0957 Email: tfisher@law.harvard.edu Attorneys for Plaintiffs and Counterclaim Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHEPARD FAIREY and OBEY GIANT ART, INC., Plaintiffs, NOTICE OF MOTION v. THE ASSOCIATED PRESS, Defendant and Counterclaim Plaintiff, v. SHEPARD FAIREY, OBEY GIANT ART, INC., OBEY GIANT LLC and STUDIO NUMBER ONE INC. and ONE 3 TWO, INC. (d/b/a OBEY CLOTHING), Counterclaim Defendants. Case No.: 09-01123 (AKH) Dockets.Justia.com and MANNIE GARCIA, Defendant, Counterclaim Plaintiff and Cross-claim Plaintiff/Defendant, v. SHEPARD FAIREY and OBEY GIANT ART, INC., Counterclaim Defendants. and THE ASSOCIATED PRESS, Cross-claim Plaintiff/Defendant. NOTICE OF MOTION PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law in Support of Motion for Protective Order; the Declaration of Meir Feder, dated December 23, 2009, and the exhibits annexed thereto; and on all the prior proceedings and matters of record in this case, Plaintiffs and Counterclaim Defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One, Inc., will move before this Court, the Honorable Alvin K. Hellerstein, United States District Court Judge, at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007, at such a time and date as this Court may direct, for a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, postponing the deposition of Shepard Fairey for six months, pending the outcome of a federal criminal investigation concerning matters at issue in this case. In the event the Court decides not to grant the requested relief, movants request an order limiting the scope of Mr. Fairey's deposition for now to the merits issues, and excluding issues concerning spoliation of evidence. PLEASE TAKE NOTICE that pursuant to Local Civil Rule 6.1(a), any opposing papers or answering memoranda are to be served within seven days after service of this motion. PLEASE TAKE NOTICE that this motion is being filed under seal, and any opposing papers or answering memoranda should likewise be filed under seal. Dated: December 23, 2009 Respectfully Submitted, /s/ Meir Feder Geoffrey S. Stewart Meir Feder Chris J. Lopata Jones Day 222 E. 41st Street New York, NY 10017-6702 Telephone: (212) 326-3939 Email: gstewart@jonesday.com William W. Fisher III 1575 Massachusetts Avenue Cambridge, Massachusetts 02138 Telephone: (617) 495-0957 Email: tfisher@law.harvard.edu CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served today, December 23, 2009, by electronic mail on all counsel. JONES DAY By: /s/ Meir Feder Meir Feder 222 East 41st Street New York, New York 10017-6702 (212) 326-3939

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