Case Details

CourtSouthern District of New York
Docket number1:13-cv-03128
Date case filed2013-05-09
Date case closed2015-04-07
Date of latest filing
Assigned toJudge Colleen McMahon
Case cause28:1332pd Diversity-Property Damage
Nature of suit380 Personal Property: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Leone Meyer
Party type: Plaintiff
Attorney name: Oren Giskan
Attorney Contact:
Giskan, Solotaroff & Anderson & Stewart, LLP
11 Broadway
Suite 2150
New York, NY 10004
(212)-847-8315
Fax: (212)-473-8096
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Pierre Ciric
Attorney Contact:
The Ciric Law Firm, PLLC
276 First Avenue
New York, NY 10009
(212) 260-6090
Fax: (212) 260-6130
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Raymond Audain
Attorney Contact:
Giskan, Solotaroff & Anderson & Stewart, LLP
11 Broadway
Suite 2150
New York, NY 10004
(212) 847-8315
Fax: (646) 964-9616
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: The Board of Regents of the University of Oklahoma
Party type: Defendant
TERMINATED: 05/14/2014
Attorney name: Thaddeus John Stauber
Attorney Contact:
Nixon Peabody LLP(LA)
555 West 5th Street
Los Angeles, CA 90013
(213)-629-6053
Fax: (213)-629-6001
Email: [email protected]
LEAD ATTORNEY

Attorney name: Kristin Marie Jamberdino
Attorney Contact:
Nixon Peabody LLP (NYC)
437 Madison Avenue
New York, NY 10022
(212) 940-3000 x3152
Fax: (212) 940-3111
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: David L. Boren
Party type: Defendant
in his capacity as the President of the University of Oklahoma
TERMINATED: 05/14/2014
Attorney name: Thaddeus John Stauber
Attorney Contact:
(See above for address)
LEAD ATTORNEY

Attorney name: Kristin Marie Jamberdino
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: The University of Oklahoma Foundation, Inc.
Party type: Defendant
TERMINATED: 05/14/2014
Attorney name: Thaddeus John Stauber
Attorney Contact:
(See above for address)
LEAD ATTORNEY

Attorney name: Kristin Marie Jamberdino
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: David Findlay Jr., Inc.
Party type: Defendant
TERMINATED: 07/10/2014
Attorney name: Nicholas Michael O'Donnell
Attorney Contact:
Sullivan & Worcester LLP
One Post Office Square
Boston, MA 02109
(617)-338-2814
Fax: (617) 338-2880
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Wally Findlay Galleries (New York), Inc.
Party type: Defendant
TERMINATED: 08/14/2014
Party: Wally Findlay Galleries International Development Corp.
Party type: Defendant
TERMINATED: 08/14/2014
Party: DFG Art Corp.
Party type: Defendant
TERMINATED: 07/10/2014
Party: Findlay Art Consignments, Inc.
Party type: Defendant
TERMINATED: 08/14/2014
Party: Findlay Galleries, Inc.
Party type: Defendant
TERMINATED: 08/14/2014
Party: David Findlay Galleries, Inc.
Party type: Defendant
TERMINATED: 07/10/2014
Party: The University of Oklahoma
Party type: Defendant
TERMINATED: 05/14/2014
Party: The American Alliance of Museums
Party type: Defendant
TERMINATED: 05/22/2014
Party: The Association of Art Museum Directors
Party type: Defendant
TERMINATED: 05/22/2014

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-05-09 COMPLAINT against David L. Boren, DFG Art Corp., David Findlay Galleries, Inc., David Findlay Jr., Inc., Findlay Art Consignments, Inc., Findlay Galleries, Inc., The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc., Wally Findlay Galleries (New York), Inc., Wally Findlay Galleries International Development Corp. (Filing Fee $ 350.00, Receipt Number 465401067035)Document filed by Leone Meyer.(jom) (jd). (Entered: 05/10/2013)
22013-05-14 ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/26/2013 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon, and as further set forth in this document. (Signed by Judge Colleen McMahon on 5/14/2013) (cd) (Entered: 05/14/2013)
32013-07-11 ENDORSED LETTER addressed to Judge Colleen McMahon from Pierre Ciric dated 7/11/2013 re: Request to reschedule the 7/26/2013 initial conference. ENDORSEMENT: Conference adjourned to 10/4/2013 @ 9:30 am. ( Initial Conference reset for 10/4/2013 at 09:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 7/11/2013) (cd) (Entered: 07/11/2013)
42013-09-23 ORDER GRANTING ADDITIONAL TIME TO SERVE: This lawsuit, in which a citizen of France seeks replevin of a work of art presently located in the Fred Jones Jr. Museum of Art at the University of Oklahoma, was commenced on May 9, 2013, with the filing of a complaint naming defendants located in both Oklahoma and New York. Prior to serving the Oklahoma Defendants, plaintiffs counsel was in communication with the Oklahoma Defendants, who had learned of the pendency of the action. The Oklahoma Defendants contacted counsel by letter to advise that they believed they were not subject to suit in tort by virtue of the Oklahoma Governmental Tort Claims Act. Rather than serve the Oklahoma Defendants immediately, plaintiffs counsel accepted their implicit invitation to look into that issue. Counsel has now satisfied himself, after consultation with Oklahoma counsel, that the claims are not statutorily barred (an issue that I am sure I will be asked to review assuming, of course, that I have personal jurisdiction over any or all of the Oklahoma Defendants, by consent or otherwise). As a result, he will not voluntarily discontinue this action against the Oklahoma Defendants. The 120 days for service having expired, Fed. R. Civ. P. 4(m), plaintiffs counsel requests an additional 30 days to effect service. The request is granted. (Signed by Judge Colleen McMahon on 9/23/2013) (rsh) (Entered: 09/23/2013)
52013-09-30 ENDORSED LETTER addressed to Judge Colleen McMahon from Pierre Ciric dated 9/30/2013 re: Therefore, we respectfully request that a) the Court holds its May 14th Order titled "Scheduling An Initial Pretrial Conference" in abeyance until a valid return of service is filed in CM/ECF, and b) the Pretrial Conference be re-scheduled, once return of service is filed, or no earlier than October 24, 2013. ENDORSEMENT: Conference Scheduled to 11/01/13 at 10:45 a.m., ( Initial Conference set for 11/1/2013 at 10:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 9/30/2013) (ama) (Entered: 09/30/2013)
62013-10-13 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Findlay Art Consignments, Inc., Findlay Galleries, Inc., Wally Findlay Galleries (New York), Inc., Wally Findlay Galleries International Development Corp.. Document filed by Leone Meyer. (Ciric, Pierre) Modified on 10/15/2013 (jno). (Entered: 10/13/2013)
72013-10-23 AFFIDAVIT OF SERVICE. David Findlay Galleries, Inc. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
82013-10-23 AFFIDAVIT OF SERVICE. DFG Art Corp. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
92013-10-23 AFFIDAVIT OF SERVICE. Findlay Art Consignments, Inc. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
102013-10-23 AFFIDAVIT OF SERVICE. Findlay Galleries, Inc. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
112013-10-23 AFFIDAVIT OF SERVICE. Wally Findlay Galleries (New York), Inc. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
122013-10-23 AFFIDAVIT OF SERVICE. Wally Findlay Galleries International Development Corp. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
132013-10-23 AFFIDAVIT OF SERVICE. David Findlay Jr., Inc. served on 10/2/2013, answer due 10/23/2013. Service was accepted by CHAD MATICE, AUTHORIZED AGENT, NYS SECRETARY OF STATE. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
142013-10-23 AFFIDAVIT OF SERVICE. The University of Oklahoma Foundation, Inc. served on 10/3/2013, answer due 10/24/2013. Service was accepted by GARY BEADLES, GENERAL COUNSEL. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
152013-10-23 AFFIDAVIT OF SERVICE. The Board of Regents of the University of Oklahoma served on 10/3/2013, answer due 10/24/2013. Service was accepted by SHAWNAE ROBEY, ASSOCIATE GENERAL COUNSEL. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
162013-10-23 AFFIDAVIT OF SERVICE. David L. Boren served on 10/22/2013, answer due 11/12/2013. Service was accepted by Heidi Ornaelas, assistant to attorney Thaddeus Stauber. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 10/23/2013)
172013-10-24 NOTICE OF APPEARANCE by Nicholas Michael O'Donnell on behalf of David Findlay Jr., Inc.. (O'Donnell, Nicholas) (Entered: 10/24/2013)
182013-10-24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by David Findlay Jr., Inc..(O'Donnell, Nicholas) (Entered: 10/24/2013)
192013-10-25 MEMO ENDORSEMENT on PROPOSED STIPULATION. ENDORSEMENT: This schedule is not acceptable to me. Conference case ASAP on 11/1/13 @ 10:45 AM. ( Status Conference set for 11/1/2013 at 10:45 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/25/2013) (mro) (Entered: 10/25/2013)
202013-10-25 NOTICE OF APPEARANCE by Oren Giskan on behalf of Leone Meyer. (Giskan, Oren) (Entered: 10/25/2013)
212013-10-31 ENDORSED LETTER addressed to Judge Colleen McMahon from Thaddeus J. Stauber dated 10/29/2013 re: Counsel for defendants seeks permission to participate telephonically for the status conference set for Friday, November 1, 2013, at 10:45 a.m. ENDORSEMENT: Needless to say, I do not find your motion at all surprising. I am only surprised that you have not made it yet. You may participate by phone. (Signed by Judge Colleen McMahon on 10/30/2013) (rsh) (Entered: 11/01/2013)
222013-12-06 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) David Findlay Jr., Inc.. Document filed by Leone Meyer. (Ciric, Pierre) Modified on 12/9/2013 (jno). (Entered: 12/06/2013)
232013-12-06 MOTION to Dismiss. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. Responses due by 1/10/2014 (Attachments: # 1 Text of Proposed Order)(Stauber, Thaddeus) (Entered: 12/06/2013)
242013-12-06 MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 12/06/2013)
252013-12-06 DECLARATION of Guy L. Patton in Support re: 23 MOTION to Dismiss.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 12/06/2013)
262013-12-06 DECLARATION of Chris A. Purcell in Support re: 23 MOTION to Dismiss.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 12/06/2013)
272013-12-06 MOTION Request for Judicial Notice re: 23 MOTION to Dismiss.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Attachments: # 1 Text of Proposed Order)(Stauber, Thaddeus) (Entered: 12/06/2013)
282013-12-06 MEMORANDUM OF LAW in Support re: 27 MOTION Request for Judicial Notice re: 23 MOTION to Dismiss.. MOTION Request for Judicial Notice re: 23 MOTION to Dismiss... Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 12/06/2013)
292013-12-06 DECLARATION of Laurie A. Stein in Support re: 27 MOTION Request for Judicial Notice re: 23 MOTION to Dismiss.. MOTION Request for Judicial Notice re: 23 MOTION to Dismiss... Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stauber, Thaddeus) (Entered: 12/06/2013)
302013-12-06 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The University of Oklahoma Foundation, Inc..(Stauber, Thaddeus) (Entered: 12/06/2013)
312013-12-06 NOTICE OF APPEARANCE by Kristin Marie Jamberdino on behalf of David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Jamberdino, Kristin) (Entered: 12/06/2013)
322013-12-17 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to Amend to January 10, 2014., CONSENT MOTION for Extension of Time to File Answer to February 07, 2014., CONSENT MOTION for Extension of Time to File Response/Reply to February 28, 2014. Document filed by Leone Meyer.(Ciric, Pierre) Modified on 12/18/2013 (db). (Entered: 12/17/2013)
332013-12-19 STIPULATION AND ORDER TO ENLARGE TIME FOR PLAINTIFF LEONE MEYER TO AMEND COMPLAINT AND FOR DEFENDANTS TO REPLY TO SUCH AMENDED COMPLAINT: WHEREFORE, Plaintiff respectfully requests that the Court enlarge the time for Plaintiff to amend the Complaint through and including January 10, 2014, for Defendants to respond to Plaintiff's Amended Complaint through and including February 7, 2014, for Plaintiff to oppose any motion filed by Defendants through and including February 28, 2014, and for Defendants to reply to Plaintiff's opposition through and including March 6, 2014. (Signed by Judge Colleen McMahon on 12/19/2013) (djc) (Entered: 12/19/2013)
342014-01-10 FIRST AMENDED COMPLAINT amending 1 Complaint, against David L. Boren, DFG Art Corp., David Findlay Galleries, Inc., Findlay Art Consignments, Inc., Findlay Galleries, Inc., The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc., Wally Findlay Galleries (New York), Inc., Wally Findlay Galleries International Development Corp., The University of Oklahoma, The American Alliance of Museums, The Association of Art Museum Directors.Document filed by Leone Meyer. Related document: 1 Complaint, filed by Leone Meyer.(cd) (Entered: 01/13/2014)
352014-01-29 ENDORSED LETTER addressed to Judge Colleen McMahon from Thaddeus J. Stauber dated 1/29/14 re: Counsel writes to request permission to file a memorandum of law in support of the Oklahoma Defendants' motion to dismiss Plaintiff's Amended Complaint at a length of no more than 30 pages. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 1/29/2014) (mro) (Entered: 01/29/2014)
362014-02-07 MOTION to Dismiss First Amended Complaint. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. Responses due by 2/28/2014 (Attachments: # 1 Text of Proposed Order)(Stauber, Thaddeus) (Entered: 02/07/2014)
372014-02-07 MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 02/07/2014)
382014-02-07 DECLARATION of Guy L. Patton in Support re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 02/07/2014)
392014-02-07 DECLARATION of Chris A. Purcell in Support re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 02/07/2014)
402014-02-07 MOTION Request for Judicial Notice re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Attachments: # 1 Text of Proposed Order)(Stauber, Thaddeus) (Entered: 02/07/2014)
412014-02-07 MEMORANDUM OF LAW in Support re: 40 MOTION Request for Judicial Notice re: 36 MOTION to Dismiss First Amended Complaint.. MOTION Request for Judicial Notice re: 36 MOTION to Dismiss First Amended Complaint... Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 02/07/2014)
422014-02-07 DECLARATION of Laurie A. Stein in Support re: 40 MOTION Request for Judicial Notice re: 36 MOTION to Dismiss First Amended Complaint.. MOTION Request for Judicial Notice re: 36 MOTION to Dismiss First Amended Complaint... Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stauber, Thaddeus) (Entered: 02/07/2014)
432014-02-24 ENDORSED LETTER addressed to Judge Colleen McMahon, from Pierre Cirie, dated 2/22/2014, re: request permission to file our Memorandum of Law in Opposition to Defendants' Motion to Dismiss at a length of no more than thirty-five (35) pages. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 2/24/2014) (ja) (Entered: 02/24/2014)
442014-02-24 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Pierre Ciric dated February 24, 2014. Document filed by Leone Meyer. (Attachments: # 1 Text of Proposed Order)(Audain, Raymond) (Entered: 02/24/2014)
452014-02-25 ORDER granting 44 Letter Motion for Extension of Time to File. OK. Response/Reply re 44 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Colleen McMahon from Pierre Ciric dated February 24, 2014. Responses due by 3/7/2014. Replies due by 3/21/2014. (Signed by Judge Colleen McMahon on 2/25/2014) (ja) (Entered: 02/25/2014)
462014-02-28 STIPULATION AND ORDER OF DISMISSAL AS TO DEFENDANT DAVID L. BOREN IN HIS INDIVIDUAL CAPACITY: that, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), each claim in the First Amended Complaint alleged against David L. Boren in his individual capacity is dismissed without prejudice and without costs or attorneys' fees to any Party. THIS STIPULATION AND ORDER does not encompass the claims in the First Amended Complaint alleged against David L. Boren in his official capacity as the President of the University of Oklahoma. (Signed by Judge Colleen McMahon on 2/28/2014) (ja) (Entered: 02/28/2014)
472014-03-07 FIRST MEMORANDUM OF LAW in Opposition re: 36 MOTION to Dismiss First Amended Complaint. 13 Civ. 3128 (CM). Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 03/07/2014)
482014-03-07 DECLARATION of MARC MASUROVSKY in Opposition re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 03/07/2014)
492014-03-07 DECLARATION of PIERRE CIRIC in Opposition re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by Leone Meyer. (Attachments: # 1 Exhibit Ciric Declaration-Exhibit A, # 2 Exhibit Ciric Declaration-Exhibit B, # 3 Exhibit Ciric Declaration-Exhibit C)(Ciric, Pierre) (Entered: 03/07/2014)
502014-03-21 REPLY MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Stauber, Thaddeus) (Entered: 03/21/2014)
512014-03-21 DECLARATION of Thaddeus J. Stauber in Support re: 36 MOTION to Dismiss First Amended Complaint.. Document filed by David L. Boren, The Board of Regents of the University of Oklahoma, The University of Oklahoma Foundation, Inc.. (Attachments: # 1 Exhibit A - 2/24/14 Letter, # 2 Exhibit B - 2/4/14 Letter)(Stauber, Thaddeus) (Entered: 03/21/2014)
522014-05-09 WAIVER OF SERVICE RETURNED EXECUTED. The American Alliance of Museums waiver sent on 5/7/2014, answer due 7/7/2014. Document filed by Leone Meyer. (Giskan, Oren) (Entered: 05/09/2014)
532014-05-09 WAIVER OF SERVICE RETURNED EXECUTED. The Association of Art Museum Directors waiver sent on 5/7/2014, answer due 7/7/2014. Document filed by Leone Meyer. (Giskan, Oren) (Entered: 05/09/2014)
542014-05-14 ENDORSED LETTER addressed to Judge Colleen McMahon from Oren Giskan dated 5/9/2014 re: Counsel for plaintiff writes in response to Thaddeus J. Stauber, Esq.'s 5/8/2014 correspondence to the Court. ENDORSEMENT: I would not. I will be ruling on the motion shortly. It appears that recent Supreme Court jurisprudence deprives this court of jurisdiction over the OK defendants. (Signed by Judge Colleen McMahon on 5/13/2014) (tn) (Entered: 05/14/2014)
552014-05-14 MEMORANDUM DECISION AND ORDER DISMISSING ACTION AS AGAINST THE OKLAHOMA DEFENDANTS FOR LACK OF PERSONAL JURISDICTION granting 36 Motion to Dismiss the First Amended Complaint; denying as moot 40 Motion Request for Judicial Notice; denying as moot 23 Motion to Dismiss; denying as moot 27 Motion Request for Judicial Notice. For the foregoing reasons, the Oklahoma Defendants' motion to dismiss the First Amended Complaint as against them is granted without prejudice. The Oklahoma Defendants' motion for judicial notice is denied as moot. The motions at Docket Nos. 23 and 27 are also denied as moot, having preceded the First Amended Complaint. The Clerk of the Court is directed to remove Docket Nos. 23, 27, 36, and 40 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/14/2014) (ja) (Entered: 05/15/2014)
562014-05-19 ENDORSED LETTER addressed to Judge Colleen McMahon from Pierre Ciric, dated 5/16/2014, re: the Court's May 15, 2014 decision, dismissing the Oklahoma Defendants for lack of personal jurisdiction - be advised that Plaintiff will also dismiss the Museum Defendants and the remaining Gallery Defendants from this case. Plaintiff requests a telephone conference with the Court to discuss a motion to transfer this case to the Western District of Oklahoma. ENDORSEMENT: There is nothing to discuss by telephone. I granted a motion to dismiss. If you want to refile in Oklahoma - where you should have sued in the first place - file a new action. I am not going to "undismiss" the case against the Oklahoma Defendants so I can transfer the case - I lacked jurisdiction over them. (Signed by Judge Colleen McMahon on 5/19/2014) (ja) Modified on 5/21/2014 (ja). (Entered: 05/19/2014)
572014-05-22 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) The American Alliance of Museums, The Association of Art Museum Directors. Document filed by Leone Meyer. (Ciric, Pierre) (Entered: 05/22/2014)
582014-05-23 DOCUMENT FILED IN CLOSED CASE - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) DFG Art Corp., David Findlay Galleries, Inc.. Document filed by Leone Meyer. (Ciric, Pierre) Modified on 5/28/2014 (ka). (Entered: 05/23/2014)
592014-06-05 FIRST NOTICE OF APPEAL from 55 Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,. Document filed by Leone Meyer. Filing fee $ 505.00, receipt number 0208-9750341. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Ciric, Pierre) (Entered: 06/05/2014)
602014-07-08 ENDORSED LETTER addressed to Judge Colleen McMahon from Christopher W. St. Marie dated 7/7/14 re: Counsel requests that this Court amend its docket to reflect the fact that the AAM and AAMD were terminated from the case as a result of Plaintiff's 5/22/14 Notice of Voluntary Dismissal. ENDORSEMENT: The Notice of Voluntary Dismissal (Docket #57) should have taken care of this matter. The claims against AAM + AAMD were dismissed with prejudice. That Notice "terminated" them as parties. They cannot be parties to any appeal-the plaintiff withdrew her claims against them with prejudice. See Docket #57. (Signed by Judge Colleen McMahon on 7/8/2014) (mro) (Entered: 07/08/2014)
612014-07-10 ORDER re: 57 Notice of Voluntary Dismissal, filed by Leone Meyer. For reasons unknown, plaintiff's "with prejudice" voluntary discontinuance of this case against five defendants did not result in those defendants' being "TERMINATED" on the docket sheet. As a result, the United States Court of Appeals for the Second Circuit believes (erroneously) that they are parties to an appeal from this Court's dismissal of the case as against the "Oklahoma Defendants. "The Clerk of the Court should mark the following defendants TERMINATED on the docket of this court and transmit this information forthwith to the Clerk of the Second Circuit, as set forth herein... None of these five defendants remains in the case and none should be party to any appeal. (Signed by Judge Colleen McMahon on 7/10/2014) (ja) (Entered: 07/10/2014)
622014-08-14 ENDORSED LETTER addressed to Ruby J. Krajick, Clerk of the Court from Pierre Ciric dated 8/11/2014 re: We understand that, in order to correct the caption for the case before the Second Circuit, the docket needs to be modified within the Southern District of New York's system to reflect the dismissal of these defendants. ENDORSEMENT: The Clerk of the Court is directed to modify the district court docket to reflect that the Complaint was dismissed as to the four listed defendants by docket entry #6. (Signed by Judge Colleen McMahon on 8/14/2014) (kgo) Modified on 8/18/2014 (kgo). (Entered: 08/15/2014)
632015-03-12 TRUE COPY ORDER of USCA as to 59 Notice of Appeal, filed by Leone Meyer USCA Case Number 14-2044. UPON DUE CONSIDERATION, the case is REMANDED for the district court to decide whether transfer to the United States District Court for the Western District of Oklahoma would serve the interest of justice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 03/12/2015. (nd) (Entered: 03/12/2015)
642015-04-02 MANDATE of USCA (Certified Copy) as to 59 Notice of Appeal, filed by Leone Meyer. USCA Case Number 14-2044. UPON DUE CONSIDERATION, the case is REMANDED for the district court to decide whether transfer to the United States District Court for the Western District of Oklahoma would serve the interest of justice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/02/2015. (nd) (Entered: 04/02/2015)
652015-04-07 ORDER TRANSFERRING CASE TO THE WESTERN DISTRICT OF OKLAHOMA: For the reasons herein, I hereby transfer the case as against the Oklahoma Defendants (the only remaining Defendants, all others having been the subject of voluntary discontinuance) to the United States District Court for the Western District of Oklahoma, for such other and further proceedings as may be appropriate. The Clerk of Court is directed to close the case here and transfer the matter to Oklahoma City. (Signed by Judge Colleen McMahon on 4/6/2015) (kgo) (Entered: 04/07/2015)