Fairey et al v. The Associated Press

Filing 50

DECLARATION of Dale M. Cendali in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cendali, Dale)

Fairey et al v. The Associated Press

Doc. 50 Att. 1

Anthony T. Falzone Executive Director Fair Use Project Center for Internet and Society Tel [phone] Fax [phone] [e-mail]

October 9, 2009 Dale M. Cendali Kirkland & Ellis, LLP 601 Lexington Avenue New York, NY 10022 George F. Carpinello Boies, Schiller & Flexner, LLP 10 N. Pearl Street, 4th Floor Albany, NY 12207 Bradford E. Kile Kile, Goekjian, Reed & McMannus, PLLC 1200 New Hampshire Avenue, N.W., Suite 570 Washington, DC 20036 Re: Fairey, et al. v. The Associated Press Case No.: 09-cv-1123 (AKH)

Dear Counsel: On October 2, 2009, counsel for Plaintiffs and Counterclaim Defendants ("Plaintiffs") learned new information relating to the identity of the photograph Mr. Fairey used as a reference to create the Obama Hope poster. In light of this new information, we advise you of the following: First, we intend to amend our pleadings, including our initial complaint for declaratory judgment, our answer to the counterclaims alleged by The Associated Press ("The AP"), and our answer to the claims alleged by Mannie Garcia. We have attached the amendments we propose to this letter in red-line form as Exhibits A-C. These amendments reflect that Plaintiffs no longer contend that the Clooney Photograph was used in the creation of the Obama Hope poster. Nor do Plaintiffs deny that the Obama Photo was used in the creation of the Obama Hope poster. Please let us know if you will consent to these amendments. Second, Plaintiffs no longer contend that the documents bearing Bates numbers FAIREY00669 through FAIREY00672 were used in the creation of the Obama Hope poster. We now understand that Mr. Fairey created these documents in 2009, after the original complaint was filed in this matter.

Dockets.Justia.com