Fairey et al v. The Associated Press

Filing 208

MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 3 TO PRECLUDE PLAINTIFFS FROM RELYING ON ALTERED IMAGES AT TRIAL. Document filed by One 3 Two, Inc..(Crowther, Robyn)

Fairey et al v. The Associated Press

Doc. 208

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, STUDIO NUMBER ONE, INC., and ONE 3 TWO, INC. (d/b/a OBEY CLOTHING), Counterclaim Defendants. COUNTERCLAIM DEFENDANT ONE 3 TWO, INC.'S NOTICE OF MOTION IN LIMINE NO. 3 TO PRECLUDE PLAINTIFFS FROM RELYING ON ALTERED IMAGES AT TRIAL ECF Case No. 09-01123 (AKH)

TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that upon the accompanying memorandum of law, Counterclaim Defendant One 3 Two, Inc. d/b/a Obey Clothing ("One 3 Two") will move, before the honorable Alvin K. Hellerstein, United States District Judge at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl St., Courtroom 14D, New York, New York 10007, on March 16, 2011 at 10:00 a.m., to preclude Plaintiff The Associated Press (the "AP") from manipulating the Garcia Photo and to exclude the altered image that the AP has relied upon throughout this litigation. One 3 Two moves on grounds that the issues for trial require the jury

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to compare the Obama Image to the Garcia Photo as it was offered to the public, and use of an altered photograph would be inadmissible under Federal Rule of Evidence 403.

Dated: Los Angeles, California February 25, 2011

Respectfully submitted,

By:

/s/ Robyn C. Crowther Robyn C. Crowther Jeanne A. Fugate Laurie C. Martindale Caldwell Leslie & Proctor, PC 1000 Wilshire Boulevard, Suite 600 Los Angeles, California 90017-2463 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Theresa Trzaskoma Charles Michael Brune & Richard LLP One Battery Park Plaza, 34th Floor New York, NY 10004 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Counsel for Counterclaim Defendant One 3 Two, Inc. (d/b/a Obey Clothing)

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