Fairey et al v. The Associated Press

Filing 217

MOTION in Limine NOTICE OF MOTION IN LIMINE NO. 7 TO EXCLUDE UNRELATED COPYRIGHT CLAIMS AND SETTLEMENT EVIDENCE. Document filed by One 3 Two, Inc..(Crowther, Robyn)

Fairey et al v. The Associated Press

Doc. 217

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. 7 TO EXCLUDE UNRELATED COPYRIGHT CLAIMS AND SETTLEMENT EVIDENCE 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 of unrelated copyright claims and settlement evidence, including evidence involving Cuban artist Felix René Mederos and Bravado International Group Merchandising Services, Inc. One 3 Two moves in limine on

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grounds that this evidence is inadmissible because it is irrelevant under Federal Rules of Evidence 401 and 402 and involves settlements and settlement communications that cannot be used to establish liability under Federal Rule of Evidence 408.

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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