The Metropolitan Museaum of Art and Jan Cowles v. Safflane Holdings, Ltd. et al

Filing 27

ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Nehemiah S. Gianc dated 2/24/2012 re: Counsel request that this Court should compel the execution of the JC release and this matter may then be closed. ENDORSEMENT: In view of the Dec. 21, 2011 Stipulation of Dismissal, which was "So Ordered" by the District Court on January 27, 2012, we are unaware of any jurisdictional basis for the Court to address this post-dismissal drafting disputes if counsel for Safflane wishes to pursue this matter he is to do so by formal motion addressing the jurisdictional and all other pertinent issues. (Signed by Magistrate Judge Michael H. Dolinger on 2/24/2012) (jfe)

VIA FAX - 212-805-7928
Magistrate Judge Michael H. Dolinger
United States District Court
Southern District of New York
500 Pearl Street) Courtroom: 17D
New York, NY 10007

Re:

FEB 2

.1

2012

The Metropolitan Museum, et. at v. Safflane et. al., ll-cv-3143 (DLC)

C'M~t

action")

Dear Judge Dolinger:
On January 17, 2012~ this Court held a telephone conference between counsel for Saffiane,
Jan Cowles ("lC") and the Metropolitan Museum of Art ("Met") concerning JC's attorney David
Baum, Esquire's refusal to have a general and mutual release executed between Safflane Robert
Wylde ("RW") and JC. During that conference, I advised the Court that Safflane had released the
subject Tansey Painting to the Met. Based on that representation Mr. Baum agreed to provide a
release from JC in favor of Safflane and RW. I had previously sent a draft release to Mr. Baum
(through the Met's counsel) on January 9, 2012 (Ex. 1). Mr. Baum rejected Ex. 1 because it
contained "successors and assigns" language which Mr. Baum claimed could conflict with the
assignment to Gagosian Gallery by Saf.t1ane of its claims against Charles Cowles (the
"Assignment"). Following the January 17 conferen.ce. I invited Mr. BallIn to send a draft release
which he did on February 6, 2012 (Ex. 2):
As Mr. Baurn's release contained an irrelevant "Representations and Warranty" paragraph
(Ex. 2 page 1) which also included an unnecessary indemnification by Safflane in favor of JC, I
rejected the release on February 22, 2012 (Ex. 3). I suggested to Mr. Baum we use a standard
Blumberg release and delete the clauses "RELEASEE'S heirs, executors, administrators, successors
and assigns" and "RELEASOR'S heirs, executors, administrators, successors and assigns" to
address Mr. Baum'S concerns (Ex. 3). Mr. Baum rejected my suggestion and insisted that I disclose
to him the Assignment, which has been designated as "Confidential" by Gagosiall'S counsel and

My mother passed away in Melbourne, Australia on Febma,ry
travelled to Australia for the funeral and sat "shiva" for the cust?Pi~"1.
arrived back in the office on February 20, 2012.
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Magistrate Judge Michael H. Dolinger
February 24, 2012
Page -2­

fhrther insisted that Safflane represent and wanant, with an indemnification, that claims against JC
have not been assigned (Ex. 4).
This Court should compel the execution of the JC release and this matter may then be
closed. We are available to conference this matter with the Court.

nsg/tbm
enclosures
cc:
David Baurl1, Esq. via fax and e-mail
John Winter, Esq. via fax and e-mail

FAX Cover Sheet

Date: February 24,2012
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]
David Robert Baum, Esq.

Kimberly Kalmanson, Esq.

SNR Denton US LLP

1221 Avenue of the Americas

New York, NY 10020

Fax: [phone]

Krista Dawn Caner, Esq.

John D. Winter, Esq.

Patterson, Belknap, Webb & Tyler LLP

1133 Avenue of the Americas

New York, NY 10036

Fax: [phone]

Fax: [phone]

The Metropolitan Museum of Art, et ano. v. Safflane Holdings, Ltd., et ano.
11 Civ. 3143 (DLC) (MHD)

Re:

Text of endorsed order enclosed: "In view of the Dec. 21,2011
Stipulation of Dismissal, which was "so ordered" by the District Court on
January 27,2012, we are unaware of any jurisdictional basis for this court
to address this post-dismissal drafting dispute. If counsel for Safflane
wishes to pursue this matter, he is to do so by formal motion addressing
the jurisdictional and all other pertinent issues."

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 [phone]

This document contains

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pages, including this cover sheet.