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

Filing 99

ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Dara G. Hammerman dated 1/31/2012 re: Counsel for the defendant writes to submit that Gagosian's Motion for Default Judgment is ripe for a decision by the Court. ENDORSEMENT: Since Gagosian has served the Safflane papers on Mr. Cowles by regular mail, we will allow Mr. Cowles until Feb. 8, 2012 to serve and file responding papers. If he does, Gagosian may reply by Feb. 10, 2012. (Responses due by 2/8/2012, Replies due by 2/10/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 2/2/2012) Copies Mailed/Faxed By Chambers. (ft)

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The Honorable Michael Dolinger
United States District Court
Southern District ofNew York
500 Pearl Street, Room 17D
New York, NY 10007

Re:

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Dear Judge Dolinger:

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We write on behalf of our client, Gagosian Gallery, Inc. ("Gagosian"), in cOIUlection with the
above-referenced action.
On January 9, 2012, the Court reset the deadline for Charles Cowles to file a response, if any, to
Gagosian's Motion for Default Judgment in the Gagosian Gallery, Inc. v. Charles Cowles
proceeding (the "Motion for Default Judgment"), directing him to do so by January 26th. In
addition, by Order of that same date, the Court ordered Gagosian to submit affidavits demonstrating
the damages it is seeking in the SajJlane Holdings Ltd. and Robert Wylde v. Gagosian Gallery, Inc.
proceeding (the "Safflane Inquest Proceeding") by January 19,2012, and ordered Mr. Cowles to
submit a response, if any, by no later than January 26, 2012.
As reflected by the Court's docket, Mr. Cowles has not filed any response to Gagosian's Motion for
Default Judgment. Based on the foregoing, Mr. Cowles clearly has chosen not to oppose
Gagosian's Motion for Default Judgment, which was served on him almost two months ago. 1 As
such, we respectfully submit that Gagosian's Motion for Default Judgment is ripe for a decision by
the Court.

As for the Safflane Inquest Proceeding, on January 19th, Gagosian filed affidavits and
accompanying exhibits demonstrating its damages in the Saffiane Inquest Proceeding. On the same
day, we served those affidavits and accompanying exhibits on Mr. Cowles by Federal Express
overnight mail to his address at 84 Mercer Street in New York -- the same address to which we
previously successfully sent overnight other documents to him in this action. Yesterday afternoon,
however, Federal Express returned the package containing Mr. Cowles' service copy of the
Withers Bergman

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London: [phone]
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admitted in New York
document number. NY2380210015-US·137388012

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Sa(JJane Holdings Ltd. and Robert Wylde v. Gagosian' Gallery.

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British Virgin Islands: [phone]

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01131/2012 18:56 FAX

I4J 0003/0003

The Honorable Michael Dolinger

January 31, 2012

affidavits to our offices, noting that it made three separate attempts to deliver these papers to Mr.
Cowles, but was unsuccessful. We do not know if these failed attempts are the result ofMr. Cowles
evading service or whether he in fact was not home on each of those dates on which attempted
service was made.
Despite the return of the service copy of Gagosian' s affidavits and accompany exhibits, it is worth
noting that Mr. Cowles was well aware from his participation in the pre-inquest conference before
your Honor that affidavits concerning damages would be submitted by Gagosian no later than
January 19th, but we are aware of no effort by him to obtain those documents. Nevertheless, as
repeated attempts were made to serve Mr. Cowles at his last known address, we respectfully submit
that the inquest proceeding is ripe for a determination by the Court as to Gagosian's damages. 2
Respectfully submitted,

~~~
Dara G. Hammerman
cc:

Charles Cowles (via U.S. mail with enclosures)
Aaron Richard Golub, Esq. (via electronic mail) (counsel for plaintiffs)
Nehemiah S. Glanc, Esq. (via electronic mail) (counsel for plaintiffs)

1 Before affording Mr. Cowles with yet another opportunity to file an opposition to Gagosian's Motion for
Default Judgment by January 26th, the Court previously allowed Mr. Cowles (after he appeared unsolicited
before the Court), to make a written request if he sought to oppose the Motion after the original deadline to
do so had passed. Mr. Cowles, however, never made such a request.

Note that we have served this letter on Mr. Cowles by First Class U.S. mail and have included another copy
of our affidavits in support of the damages requested in the Safflane Inquest Proceeding.

2

docLII1"l<lot numo...; NY2360ZI0015-US·137388012

FAX Cover Sheet

February 1, 2012

Date:
To:

Aaron Richard Golub, Esq.
Nehemiah Salomon Glanc, Esq.
Aaron Richard Golub, Esquire, PC
34 East 67th Street, 3rd Floor
New York, NY 10065
Fax: [phone]
Hollis Anne Bart, Esq.

Brian Dunefsky, Esq.

Dara Gilwit Hammerman, Esq.

Withers Bergman, LLP

430 Park Avenue, 10th Floor

New York, NY 10022

Fax: (212) 848·9888

And by U.S. Mail to:
Mr. Charles Cowles

84 Mercer St.

New York, NY 10012

Re:

Safflane Holdings, Ltd., et ano. v. Gagosian Gallery. Inc., et ano.
11 Civ.1679 (MHO)

Text of endorsed order enclosed: "Since Gagosian has served the
Safflane papers on Mr. Cowles by regular mail, we will allow Mr. Cowles
until Feb. 8, 2012 to serve and file responding papers. If he does, Gagosian
may reply by Feb. 10, 2012."

From:

Magistrate Judge Michael H. Dolinger
United States District Court
Southern District of New York
500 Pearl Street, Room 1670
New York, New York 10007·1312
FAX [phone]
TELEPHONE NUMBER (212) 805·0204

This document contains

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pages, including this cover sheet.