Fairey et al v. The Associated Press

Filing 104

REPLY DECLARATION of Meir Feder in Support re: 100 MOTION for Protective Order, et al. (This document was previously filed under seal in envelope #89 and unsealed by document #99 on 1/27/2010.) Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (tro) Modified on 1/28/2010 (tro).

Fairey et al v. The Associated Press

Doc. 104

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: [phone] Email: [e-mail] William W. Fisher III (admitted pro hac vice) 1575 Massachusetts Avenue Cambridge, Massachusetts 02138 Telephone: [phone] Email: [e-mail] Attorneys for Plaintiffs and Counterclaim Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHEPARD FAIREY and OBEY GIANT ART, INC., Plaintiffs, 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. REPLY DECLARATION OF MEIR FEDER

Case No.: 09-01123 (AKH)

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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.

REPLY DECLARATION OF MEIR FEDER 1. I am a member of the bar of this Court and a member of the law firm of Jones

Day. Jones Day is counsel in this action to Plaintiffs and Counterclaim Defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One, Inc. 2. I offer this declaration in further support of the Plaintiffs and Counterclaim

Defendants' motion for a protective order. 3. Annexed hereto as Exhibit 11 is a true and correct copy of a series of e-mails

between Laura Malone, counsel for the Associated Press, and Anthony Falzone, counsel for Shepard Fairey, dated February 4, 2009 to February 6, 2009.

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I declare under penalty of perjury that the foregoing is true and correct. /s/ Meir Feder Meir Feder Executed on January 19, 2009

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served today, January 19, 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 [phone]

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