Fairey et al v. The Associated Press

Filing 215

MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 6 TO EXCLUDE EVIDENCE OF CEAST AND DESIST COMMUNICATIONS. Document filed by One 3 Two, Inc..(Crowther, Robyn)

Fairey et al v. The Associated Press

Doc. 215

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. 6 TO EXCLUDE EVIDENCE OF CEASE AND DESIST COMMUNICATIONS 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 exclude evidence and argument relating to communications by One 3 Two and Fairey (and his affiliated companies) regarding third-party unauthorized usage of intellectual property, including the Obama Image ("cease and desist communications"). One 3 Two moves in limine to exclude this evidence on grounds that it is irrelevant under Federal Rule

1
Dockets.Justia.com

of Evidence 402; and the risk of fair prejudice to One 3 Two, jury confusion, and undue delay in trial substantially outweighs any probative value of such evidence warrants exclusion 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)

2