Safflane Holdings Ltd. et al v. Gagosian Gallery, Inc.

Filing 25

RULE 26 DISCLOSURE.Document filed by Safflane Holdings Ltd., Robert Wylde.(Golub, Aaron)

AARON RICHARD GOLUB, ESQUIRE, PC
Attorneys for Plaintiffs
34 East 67th Street _3rd Floor
New York, New York 10065
ph: 212-838-4811
fx: 212-838-4869
ARG 6056
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

______________________________________

SAFFLANE HOLDINGS
ROBERT WYLDE,

x 11-CIV-1679

LTD., and
PLAINTIFFS' INITIAL
DISCLOSURES PURSUANT TO
FRCP 26{a) (1) CONCERNING
THE PAINTING BY RICHARD
PRINCE ENTITLED "THE
MILLIONAIRE NURSE"

Plaintiffs,

-against-

GAGOSIAN

GALLERY,

(DLC)

INC.

Defendant.
______________________________________

X

Pursuant to Rule 26(a) (1) of the Federal Rules of Civil
Procedure and the So Ordered Coordination Stipulation, dated
June 6, 2011, plaintiffs SAFFLANE HOLDINGS LTD., and ROBERT
WYLDE, by their attorney, AARON RICHARD GOLUB, ESQUIRE, PC,
hereby make the following initial disclosures.
Pursuant to Rule
26(e) (1) Plaintiffs reserve their right to supplement and/or
amend their initial disclosures, as appropriate, prior to trial:
WITNESSES
FRCP Rule 26 (a) (1) (A) (i) The following individuals
are likely to have discoverable information relevant to the
claims, defenses and allegations at issue in the above captioned
action:
1.

Robert Wylde
c/o Aaron Richard Golub, Esquire,
34 East 67ili Street - 3~ Floor
New York, New York 10065
T: 1-212-838-4811
-1-

PC

Including but not limited to information
concerning the transaction between plaintiff
Wylde and defendant related to the following
painting:
Millionaire Nurse
RICHARD PRINCE (b. 1949) ("Prince")
Signed, titled and dated 2002 on the overlap
Ink jet print and acrylic on canvas
58 x 36 in. (147.3 x 91.4 cm).) ("Prince
Painting" )
2.

3.

Lawrence Gilbert Gagosian a/k/a Larry Gagosian
c/o Gagosian Gallery, Inc.
West 24th Street
555 West 24th Street
New York, NY 10011
T: 1-212-741-1111
Including but not limited to: provenance;
relationship with Prince; level of knowledge or
information exchanged between dealer and artist;
status and creation of the Prince Painting;
background and history of the Prince Painting;
oeuvre of Prince's work; information concerning
the transaction between plaintiff Wylde and
defendant related to the Prince Painting;
information concerning the transaction between
the currently unknown third party purchaser of
the Prince painting{"Third-party
purchaser") and
defendant.
John Good
c/o Gagosian Gallery, Inc.
West 24th Street
555 West 24th Street
New York, NY 10011
T: 1-212-741-1111
Including but not limited to information
concerning the transaction between plaintiff
Wylde and defendant related to the Prince
Painting, and information concerning the
transaction between the Third-Party Purchaser
defendant relating to the Prince Painting.

-2-

and

4.

Subject to further discovery, the currently
unknown Third-Party Purchaser of the Prince
Painting.
Third-Party Purchaser has information, including
but not limited to, information concerning the
transaction between Third-Party Purchaser and
defendant related to the Prince Painting.

5.

Richard Prince
Address presently unknown.
Including but not limited to: provenance;
relationship with defendant Gagosian Gallery;
relationship with prior dealer; level of
knowledge or information exchanged between dealer
and artist; status and creation of the Prince
Painting; intention in creating the Prince
Painting; background and history of the Prince
Painting; oeuvre of the artist's work; the
transaction between plaintiff Wylde and defendant
related to the Prince Painting; the transaction
between defendant and the Third-Party Purchaser
related to the Prince Painting.

6.

Barbara Gladstone
Last known address is:
c/o Gladstone Gallery
515 West 24th Street
New York, NY 10011
T:
212-206-9300
-andc/o Gladstone Gallery
530 West 21st Street
New York, NY 10011 USA
T: 212-206-7606
Including but not limited to: provenance;
relationship with Prince; level of knowledge or
information exchanged between dealer and artist;
status and creation of the Prince Painting;
background and history of the Prince Painting;
oeuvre of Prince's work; information concerning
the Prince Painting; information concerning the
transaction between plaintiffs and defendant
related to the Prince Painting; and information
concerning the transaction between defendant and
the Third-Party Purchaser related to the Prince
Painting.
-3-

7.

Subject to further discovery, unnamed current and
former staff and/or other personnel at Gagosian
Gallery, Inc., who have relevant information,
including but not limited to information
regarding the claims, defenses and allegations at
issue, including but not limited to information
concerning the Prince Painting, and the
transaction between plaintiff Wylde and defendant
related to the Prince Painting, the transaction
between defendant and the Third-Party Purchaser
related to the Prince Painting and information
concerning defendant Gagosian Gallery's business
policies and practices concerning agreements to
sell works of art.

8.

Subject to further discovery, any and all
attorneys who represented any party herein and
the Third-Party Purchaser, during the relevant
time period concerning the Prince Painting.
DOCUMENTS

FRCP Rule 26 (a) (1) (A) (ii)
and location of, all documents, data
things in the possession, custody or
relevant to the claims, defenses and
captioned action:

A description by category
compilations and tangible
control of the party
allegations in the above

1.

Plaintiffs' communications
the Prince Painting.

2.

Documents concerning the Prince Painting and the
purchase of the Prince Painting, including without
limitation contracts between Plaintiffs and Defendant.

3.

Plaintiffs reserve the right to use any document, data
or information produced by defendant and/or any third
party in this action.
Documents

are located

with defendant

at plaintiffs'

Aaron Richard Golub, Esquire, PC
34 East 67~ Street - 3cl Floor
New York, New York 10065
T: 1-212-838-4811
-4-

concerning

counsel's

office:

DAMAGES
FRCP Rule 26 (a) (1) (A) (iii) A computation

of damages:

Plaintiffs' damages include, subject to expert
testimony, the value of the Prince Painting at the time of
trial.

INSURANCE
FRCP Rule 26 (a) (1) (A) (iv) Any insurance agreement
under which any person carrying on an insurance business may be
liable to satisfy all or part of a judgment which may be entered
in the action or to indemnify or reimburse for payments made to
satisfy a judgment:
Plaintiffs have no insurance policy that could be used
to satisfy any part of a judgment in this case.
Dated:

New York, New York
June 24, 2011
Respectfully

submitted,

s/Aaron Richard Golub
AARON RICHARD GOLUB, ESQUIRE, P.C.
Attorneys for Plaintiffs
rd
34 East 67th Street - 3
Floor
New York, New York 10065
ph: 212-838-4811
fx: 212-838-4869
ARG 6056

To:

WITHERS BERGMAN LLP
Attorneys for Gagosian Gallery,
430 Park Avenue, 10th Floor
New York, New York 10022-3505
[phone]

-5-

Inc.

=========NOTICE OF ENTRY===========
PLEASE take notice that the within is a (certified)
true copy of a .
duly entered in the office of the clerk of the within
named court on
Dated,
Yours, etc.

p.c.

OF SETTLEMENT======

New Y OT'l New YOT'k10065

34 t;ast 67th SiT'eet-3,J -I=looT'

AaT'on RichaT'd Golub, t;squi-re,

Office and Post Office Address

Attorney for

To
Attorney( s) for

=====NOTICE

M.

Yours, etc.

AaT'on RichaT'd Golub, [;squi-re,

p.C.

PLEASE take notice that an order
of which the within is a true copy will be presented
for settlement to the Hon.
on
at
Dated,

Attorney for
34 t;ast 67th St-ree1: - 3"d-I=loOT'
New YOT'l New YOT'k10065

Plaintiffs,

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
==========================================
l1-CIV-1679 (DLC)
SAFFLANE HOLDINGS LTD., and
ROBERT WYLDE,

-againstGAGOSIAN GALLERY, INC.
Defendant.

PLAINTIFFS' INITIAL DISCLOSURES PURSUANT
TO FRCP 26(a)(I) CONCERNING THE PAINTING
BY RICHARD PRINCE ENTITLED
"THE MILLIONAIRE NURSE"

'21'2-838-4811

p.c.
New YOT'l New YOT'k10065

34 t;ast 67th SiT'eet _3,J-I=100T'

AaT'on RichaT'd Golub, t;squi-re,

Attorneys for Plaintiffs
Office and Post Office Address, Telephone

To
Attorney( s) for
Service of copy of the within is hereby admitted
Dated
...........................................................

Attorney(s) for