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Date Filed
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#
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Docket Text
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| July 13, 2007 |
1
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COMPLAINT against The Andy Warhol Art Authentication Board, Inc., John Does, Jane Does, Richard Roes, The Andy Warhol Foundation For The Visual Arts, Inc., The Estate of Andy Warhol,
Vincent Fremont, Vincent Fremont Enterprises. (Filing Fee $ 350.00, Receipt Number 620728)Document filed by Joe Simon-Whelan.(laq) Additional attachment(s) added on 7/17/2007 (Lewis,
Diahan). (Entered: July 17, 2007)
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| July 13, 2007 |
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SUMMONS ISSUED as to The Andy Warhol Art Authentication Board, Inc., John Does, Jane Does, Richard Roes, The Andy Warhol Foundation For The Visual Arts, Inc., The Estate of Andy Warhol,
Vincent Fremont, Vincent Fremont Enterprises. (laq) (Entered: July 17, 2007)
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| July 13, 2007 |
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Magistrate Judge Andrew J. Peck is so designated. (laq) (Entered: July 17, 2007)
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| July 13, 2007 |
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Case Designated ECF. (laq) (Entered: July 17, 2007)
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| July 13, 2007 |
2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joe Simon-Whelan.(laq) Additional attachment(s) added on 8/17/2007 (Becerra, Maribel). (Entered:
07/17/2007)
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| July 13, 2007 |
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Magistrate Judge Andrew J. Peck is so designated. (laq) (Entered: July 17, 2007)
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| July 13, 2007 |
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Case Designated ECF. (laq) (Entered: July 17, 2007)
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| July 23, 2007 |
3
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INITIAL CONFERENCE ORDER; that a pretrial conference shall be held in this matter on 10/12/2007 at 04:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura
Taylor Swain. That counsel for plaintiff(s) shall serve a copy of this Initial Conference Order on dfts and additional parties in the manner as set forth in this Order. That counsel for
the parties confer preliminarily at least 21 days prior to the date set forth in paragraph 1 of this Order to discuss the matters set forth within. That counsel for the parties confer
preliminarily at least 21 days prior to the date set forth in paragraph 1 of this Order to discuss the matters set forth within. Additional relief as set forth in this Order. In the event
that any party fails to comply with this Order, the Court may impose sanctions or take other action as appropriate. This case has been designated an electronic case. Counsel for all
parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing promptly upon appearing in the case. (Signed by Judge Laura Taylor Swain on
7/20/07) (pl) (Entered: July 24, 2007)
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| July 30, 2007 |
4
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SUMMONS RETURNED EXECUTED. The Andy Warhol Foundation For The Visual Arts, Inc. served on 7/17/2007, answer due 8/6/2007. Service was accepted by K.C. Maurer, Chief Financial Officer.
Document filed by Joe Simon-Whelan. (Weiss, Lee) (Entered: July 30, 2007)
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| July 30, 2007 |
5
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SUMMONS RETURNED EXECUTED. Vincent Fremont served on 7/19/2007, answer due 8/8/2007. Service was accepted by Vincent Fremont. Document filed by Joe Simon-Whelan. (Weiss, Lee) (Entered:
07/30/2007)
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| July 30, 2007 |
6
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SUMMONS RETURNED EXECUTED. Vincent Fremont Enterprises served on 7/19/2007, answer due 8/8/2007. Service was accepted by Vincent Fremont, Owner. Document filed by Joe Simon-Whelan.
(Weiss, Lee) (Entered: July 30, 2007)
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| July 30, 2007 |
7
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SUMMONS RETURNED EXECUTED. The Andy Warhol Art Authentication Board, Inc. served on 7/17/2007, answer due 8/6/2007. Service was accepted by Claudia Defendi, Chief Curator. Document filed
by Joe Simon-Whelan. (Weiss, Lee) (Entered: July 30, 2007)
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| July 31, 2007 |
8
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CERTIFICATE OF SERVICE of Initial Conference Order served on The Andy Warhol Foundation for the Visual Arts, Inc., Vincent Fremont, Individually and as Successor Executor for the Estate
of Andy Warhol, Vincent Fremont Enterprises and The Andy Warhol Art Authentication Board, Inc. on 07/30/07. Service was made by Mail. Document filed by Joe Simon-Whelan. (Weiss, Lee)
(Entered: July 31, 2007)
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| August 16, 2007 |
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Lee A. Weiss for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and
Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (lb)
(Entered: August 16, 2007)
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| August 24, 2007 |
9
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STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT: Defendants' time to answer or otherwise respond to the complaint for defendants The Andy Warhol Foundation for the Visual
Arts Inc. and the Andy Warhol Art Authentication Board, Inc. and for Defendants Vincent Freemont, Individually and as Successor Executor for the Estate of Andy Warhol and Vincent Fremont
Enterprises is extended up to and including September 14, 2007. So Ordered (Signed by Judge Laura Taylor Swain on 8/22/07) (js) (Entered: August 27, 2007)
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| September 12, 2007 |
10
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ENDORSED LETTER addressed to Judge Laura T. Swain from Lee A. Weiss dated 9/11/07 re: writing in response to defendant's request for an extension of the page limit in connection with
their motion to dismiss. Plaintiff requests that any increased page limit also apply to his opposition brief. ENDORSEMENT: Request granted. SO ORDERED. (Signed by Judge Laura Taylor Swain
on 9/11/07) (kco) (Entered: September 13, 2007)
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| September 12, 2007 |
12
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ENDORSED LETTER addressed to Judge Laura T. Swain from Gary D. Sesser dated 9/10/07 re: a request for an extension of the page limit for the memorandum of law from 25 pages to 45 pages.
ENDORSEMENT: Request granted. SO ORDERED (Signed by Judge Laura Taylor Swain on 9/11/2007) (kkc) (Entered: September 14, 2007)
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| September 13, 2007 |
11
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CERTIFICATE OF SERVICE of Memo Endorsed, dated September 11, 2007 served on Lee A. Weiss, Esq. and Seth A. Redniss, Esq. on September 12, 2007. Service was made by Mail and Electronic
Mail. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises. (Sesser, Gary)
(Entered: September 13, 2007)
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| September 14, 2007 |
13
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MOTION to Dismiss. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont
Enterprises.(Sesser, Gary) (Entered: September 14, 2007)
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| September 14, 2007 |
14
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DECLARATION of Gary D. Sesser in Support re: 13 MOTION to Dismiss.. Document
filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D-Part 1# 5 Exhibit D-Part 2# 6 Exhibit D-Part 3# 7 Exhibit D-Part 4# 8 Exhibit D-Part 5# 9 Exhibit D-Part 6# 10 Exhibit E-Part 1# 11 Exhibit E-Part 2# 12 Exhibit F-Part 1# 13 Exhibit F-Part 2# 14 Exhibit G)(Sesser, Gary) (Entered: September 14, 2007)
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| September 14, 2007 |
15
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MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss.. Document filed by The
Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises. (Sesser, Gary) (Entered: September 14, 2007)
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| September 14, 2007 |
16
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc.,
Vincent Fremont, Vincent Fremont Enterprises.(Sesser, Gary) (Entered: September 14, 2007)
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| September 17, 2007 |
17
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CERTIFICATE OF SERVICE of Memo Endorsement served on Gary D. Sesser on 9/11/07. Document filed by Joe Simon-Whelan. (Weiss, Lee) (Entered: September 17, 2007)
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| September 25, 2007 |
18
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STIPULATION AND ORDER that Plaintiff shall file an amended complaint on or before 10/19/07; Dfts' pending Motion to Dismiss is withdrawn without prejudice; Dfts shall respond to the
Amended Class Action Complaint by November 30, 2007; if Dfts file a motion to dismiss the Amended Class Action Compliant, the accompanying memorandum of law shall not exceed 45 pages; if
Dfts file a motion to dismiss the Amended Class Action Complaint, Plaintiff shall file an opposition brief to Dfts' motion to dismiss, which shall not exceed 45 pages, by 1/10/08; if Dfts
file a motion to dismiss the Amended Class Action Complaint, Dfts shall file their reply brief to Plaintiff's opposition, which shall not exceed 30 pages by 2/7/08. The pre-trial
conference currently scheduled for 10/12/07, shall be adjourned until after 1/7/08, on a date that is convenient for the Court. The pretrial conference is adjourned to 1/18/08 at 10:00
a.m. (Signed by Judge Laura Taylor Swain on 9/24/07) (dle) (Entered: September 25, 2007)
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| October 19, 2007 |
19
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BRIEF AMENDED CLASS ACTION COMPLAINT. Document filed by Joe Simon-Whelan. (Attachments: # 1 Exhibit A-E)(Weiss, Lee)
(Entered: October 19, 2007)
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| November 7, 2007 |
20
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AMENDED COMPLAINT amending 1 Complaint, against The Andy Warhol Art
Authentication Board, Inc., John Does, Jane Does, Richard Roes, The Andy Warhol Foundation For The Visual Arts, Inc., The Estate of Andy Warhol, Vincent Fremont, Vincent Fremont
Enterprises. Document filed by Joe Simon-Whelan, Joe Simon-Whelan. Related document: 1 Complaint, filed by Joe Simon-Whelan. (Attachments: # 1 # 2 # 3 #
4)(jco) (Entered: November 8, 2007)
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| November 30, 2007 |
21
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MOTION to Dismiss the Amended Complaint. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont,
Vincent Fremont Enterprises. (Attachments: # 1 Certificate of Service)(Sesser, Gary) (Entered: November 30, 2007)
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| November 30, 2007 |
22
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DECLARATION of Gary D. Sesser in Support re: 21 MOTION to Dismiss the
Amended Complaint.. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont
Enterprises. (Attachments: # 1 Exhibit A through G, # 2 Exhibit H
through K, # 3 Exhibit L-Part 1, # 4 Exhibit L-Part 2, # 5 Exhibit L-Part 3, # 6 Exhibit M, # 7 Exhibit N, # 8 Exhibit O through Q, # 9 Certificate of Service)(Sesser, Gary) (Entered: November 30, 2007)
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| November 30, 2007 |
23
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MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the Amended
Complaint.. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises.
(Attachments: # 1 Certificate of Service)(Sesser, Gary) (Entered: November 30, 2007)
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| January 10, 2008 |
24
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MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss the Amended
Complaint.. Document filed by Joe Simon-Whelan(Individually and on behalf of himself and all others similarly situated). (Weiss, Lee) (Entered: January 10, 2008)
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| January 10, 2008 |
25
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CERTIFICATE OF SERVICE of Plaintiff's Opposition to Defendants' Motion to Dismiss served on Defendants on January 10, 2008. Document filed by Joe Simon-Whelan(Individually and on behalf
of himself and all others similarly situated). (Weiss, Lee) (Entered: January 10, 2008)
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| January 11, 2008 |
26
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CERTIFICATE OF SERVICE of Memo Endorsement dated January 11, 2008 served on Defendants on January 11, 2008. Document filed by Joe Simon-Whelan(Individually and on behalf of himself and
all others similarly situated). (Weiss, Lee) (Entered: January 11, 2008)
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| January 11, 2008 |
27
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ENDORSED LETTER addressed to Judge Laura T. Swain from Lee Weiss dated 1/10/08 re: counsel for plaintiff requests that the parties be permitted to file their pretrial statement on
1/14/08. ENDORSEMENT: So Ordered. (Signed by Judge Charles S. Haight, part 1 on 1/11/08) Copies mailed by chambers.(dle) Modified on 1/14/2008 (dle). (Entered: January 14, 2008)
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| January 14, 2008 |
28
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Joe Simon-Whelan(Individually and on behalf of himself and all others similarly situated).(Weiss, Lee) (Entered: January 14, 2008)
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| January 18, 2008 |
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 1/18/2008. The Court advises the parties of it's relationship with a board member
for the Andy Warhol Foundation. If any party seeks for a recusal, objections are to be filed within 2 weeks. Response to the objections due within 2 weeks thereafter. Reply due within 2
weeks from the response. 26(a)(1) Disclosures due by 2/29/08. Plaintiff's request to subpoena third parties to preserve electronic evidence is granted. (tro) (Entered: January 24, 2008)
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| February 7, 2008 |
29
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REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the Amended
Complaint.. Document filed by The Andy Warhol Art Authentication Board, Inc., The Andy Warhol Foundation For The Visual Arts, Inc., Vincent Fremont, Vincent Fremont Enterprises.
(Sesser, Gary) (Entered: February 7, 2008)
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| March 11, 2008 |
30
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LETTER addressed to Judge Laura T. Swain from Lee A. Weiss dated 1/31/08 re: plaintiff intends to amend the complaint to name Mr. Strauss -or any other recently named director- as a "John
Doe" defendant. Document filed by Joe Simon-Whelan(Individually and on behalf of himself and all others similarly situated), Joe Simon-Whelan(individually).(dle) (Entered: March 17, 2008)
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