Morgan Art Foundation Limited v. McKenzie d/b/a American Image Art et al.

Filing 405

ORDER: It is hereby ORDERED that MAF shall submit for in camera review a complete copy of the referenced settlement agreement, together with all attachments and exhibits thereto, as well as any related agreements concerning (a) the advancement, reimbursement, or forgiveness of any legal fees or settlement payments incurred by Thomas or the Estate in this or any other legal action (including, without limitation, legal fees incurred in connection with post-settlement discovery or testimonial obligations); or (b) any obligation by Thomas or the Estate to cooperate with MAF in this or any other legal action. (As further set forth in this Order.) The document(s) shall be promptly emailed to the Court at [e-mail]. (Signed by Magistrate Judge Barbara C. Moses on 7/16/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

7/16/21

MORGAN ART FOUNDATION LIMITED,
Plaintiff,
-against-

18-CV-4438 (AT) (BCM)
ORDER

MICHAEL MCKENZIE, et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
The Court has received and reviewed defendant Michael McKenzie's letter-motion dated
July 12, 2021 (Dkt. No. 401), seeking an order compelling plaintiff Morgan Art Foundation Ltd.
(MAF) to produce a complete copy of the settlement agreement recently entered into by MAF,
Jamie Thomas, and James Brannan as Personal Representative of the Estate of Robert Indiana
(the Estate), which resulted in the dismissal, with prejudice, of (i) all claims in this action
asserted by MAF against Thomas and the Estate; (ii) all counterclaims in this action asserted by
the Estate against MAF and certain MAF affiliates; and (iii) the entire related action captioned
Morgan Art Foundation Ltd. v. Brannan, 18-CV-8231. (See Dkt. No. 391.) The Court has also
received and reviewed MAF's opposition letter dated July 16, 2021. (Dkt. No. 404.)
It is hereby ORDERED that MAF shall submit for in camera review a complete copy of
the referenced settlement agreement, together with all attachments and exhibits thereto, as well
as any related agreements concerning (a) the advancement, reimbursement, or forgiveness of any
legal fees or settlement payments incurred by Thomas or the Estate in this or any other legal
action (including, without limitation, legal fees incurred in connection with post-settlement
discovery or testimonial obligations); or (b) any obligation by Thomas or the Estate to cooperate
with MAF in this or any other legal action. See generally Morgan Art Found. Ltd. v. McKenzie,
2020 WL 3578251, at *4 (S.D.N.Y. July 1, 2020).

The

document(s)

shall

be

promptly

emailed

to

the

Court

[e-mail].
Dated: New York, New York
July 16, 2021

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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