AARON RICHARD GOLUB, ESQUIRE, PCAttorneys for Plaintiffs34 East 67th Street _3rd FloorNew York, New York 10065ph: 212-838-4811fx: 212-838-4869ARG 6056

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK--------------------------------------X 11-CIV-1679 (DLC)SAFFLANE HOLDINGS LTD., andROBERT WYLDE,

Plaintiffs, PLAINTIFFS' INITIALDISCLOSURES PURSUANT TOFRCP 26(a) (1) CONCERNINGTHE PAINTING BY MARKTANSEY ENTITLED"THE INNOCENT EYE TEST"

-against-

GAGOSIAN GALLERY, INC.

Defendant.--------------------------------------xUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK--------------------------------------x 11-CV-3143 (DLC)THE METROPOLITAN MUSEUM OF ART ANDJAN COWLES,

Plaintiffs,

-against-

SAFFLANE HOLDINGS LTD. AND ROBERTWYLDE,

Defendants.--------------------------------------x

Pursuant to Rule 26(a) (1) of the Federal Rules ofCivil Procedure and the So Ordered Coordination Stipulation,dated June 6, 2011, plaintiffs SAFFLANE HOLDINGS LTD.,("Safflane") and ROBERT WYLDE ("Wylde"), by their attorney,AARON RICHARD GOLUB, ESQUIRE, PC, hereby make the followinginitial disclosures. Pursuant to Rule 26(e) (1) Plaintiffs

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Safflane Holdings Ltd. et al v. Gagosian Gallery, Inc. Doc. 26

Dockets.Justia.com

reserve their right to supplement and/or amend their initialdisclosures, as appropriate, prior to trial:

WITNESSES

FRCP Rule 26 (a)(1)(A)(i) The following individualsare likely to have discoverable information relevant to theclaims, defenses and allegations at issue in the above captionedactions:

1. Robert Wyldec/o Aaron Richard Golub, Esquire, PC34 East 67~ Street - 3cl FloorNew York, New York 10065T: 1-212-838-4811Including but not limited to, informationconcerning the transaction between plaintiffs anddefendant related to the following painting:

MARK TANSEY ("Tansey")The Innocent Eye Test, 1981Oil on canvas78 x 120 inches198.1 x 304.8cm(TANSE 1981.0001) ("Tansey Painting")

2. Lawrence Gilbert Gagosian a/k/a Larry Gagosianc/o Gagosian Gallery, Inc.West 24th Street555 West 24th StreetNew York, NY 10011T: 1-212-741-1111Including but not limited to: provenance;relationship with Tansey; level of knowledge orinformation exchanged between dealer and artist;status and creation of the Tansey Painting;background and history of the Tansey Painting;oeuvre of Tansey's work; information concerningthe transaction between plaintiffs and defendantrelated to the Tansey Painting; andcommunications with The Metropolitan Museum ofArt ("Met") concerning the Tansey Painting;custom and practice in dealing with the Met;relationship with the Met; information andcommunications exchanged between defendant andJan Cowles ("JC") and/or Charles Cowles ("CC");

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information concerning anyone who had possessionof the Tansey Painting and anyone who dealt withthe Tansey Painting following CC's purported giftof the Tansey Painting to the Met; andrelationship to any auction sale of the TanseyPainting.

3. John Goodc/o Gagosian Gallery, Inc.West 24th Street555 West 24th StreetNew York, NY 10011T: 1-212-741-1111Including but not limited to: informationconcerning the transaction between plaintiffs anddefendant related to the Tansey Painting; JC'spurported interest in the Tansey Paintingcommunications with the Met concerning the TanseyPainting; custom and practice in dealing with theMet; relationship with the Met; information andcommunications exchanged between defendant and JCand/or CC; information concerning anyone who hadpossession of the Tansey Painting and anyone whodealt with the Tansey Painting following CC'spurported gift of the Tansey Painting to the Met;and relationship to any auction sale of theTansey Painting.

4. Charles Cowles84 Mercer StreetNew York, New York 10012Including but not limited to: informationconcerning the Tansey Painting; JC's purportedinterest in the Tansey Painting; the transactionbetween plaintiffs and defendant related to theTansey Painting; communications with the Metconcerning the Tansey Painting; custom andpractice in dealing with the Met; relationshipwith the Met; and information and communicationsexchanged between defendant and JC and/or CC;information concerning anyone who had possessionof the Tansey Painting and anyone who dealt withthe Tansey Painting following CC's purported giftof the Tansey Painting to the Met.

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5. Bill CarrollLast known address is:c/o Charles Cowles Gallery, Inc.420 west BroadwayNew York, NY 10012T: 212-925-3500Including but not limited to: informationconcerning the Tansey Paintingi the transactionbetween plaintiffs and defendant related to theTansey Paintingi JC's purported interest in theTansey Paintingi communications with the Metconcerning the Tansey Paintingi custom andpractice in dealing with the Meti relationshipwith the Meti and information and communicationsexchanged between defendant and JC and/or CCiinformation concerning anyone who had possessionof the Tansey Painting and anyone who dealt withthe Tansey Painting following CC's purported giftof the Tansey Painting to the Met.

6. Carolyn OwsianikLast known address is:c/o Charles Cowles Gallery, Inc.420 west BroadwayNew York, NY 10012T: 212-925-3500Including but not limited to: informationconcerning the Tansey Painting, JC's purportedinterest in the Tansey Paintingi communicationswith the Met concerning the Tansey Paintingicustom and practice in dealing with the Metirelationship with the Meti and information andcommunications exchanged between defendant and JCand/or CCi information concerning anyone who hadpossession of the Tansey Painting and anyone whodealt with the Tansey Painting following CC'spurported gift of the Tansey Painting to the Met.

7. Michael SweneyLast known address is:c/o Charles Cowles Gallery, Inc.537 west 24th Street, ChelseaNew York, NY 10011T: 212-925-3500Including but not limited to: informationconcerning the Tansey Painting, JC's purported

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interest in the Tansey Painting; communicationswith the Met concerning the Tansey Painting;custom and practice in dealing with the Met;relationship with the Met; and information andcommunications exchanged between defendant and JCand/or CC; information concerning anyone who hadpossession of the Tansey Painting and anyone whodealt with the Tansey Painting following CC'spurported gift of the Tansey Painting to the Met.

8. Jan Cowles ("JC")Last known address is:810 Fifth AvenueNew York, New York 10021

-and-c/o SNR Denton US LLP1221 Avenue of the AmericasNew York, New York 10020T: 1-212-768-6800Including but not limited to, informationconcerning the Tansey Painting.

9. Lester MarksLast known address is:3 Parkwood DriveGreat Neck, New York 11023

-and-c/o SNR Denton US LLP1221 Avenue of the AmericasNew York, New York 10020T: 1-212-768-6800Including but not limited to, informationconcerning the Tansey Painting.

10. Mark TanseyAddress presently unknownIncluding but not limited to: provenance;relationship with defendant Gagosian Gallery;relationship with prior dealer; level ofknowledge or information exchanged between dealerand artist; status and creation of the TanseyPainting; intention in creating the TanseyPainting; background and history of the TanseyPainting; oeuvre of the artist's work;information concerning the transaction betweenplaintiffs and defendant related to the Tansey

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Painting; and relationship to any auction sale ofthe Tansey Painting.

11. Curt Marcusc/o Curt Marcus Gallery2 Fifth AvenueNew York, New York 10011T: 212 226-3200Including but not limited to: provenance;relationship with Tansey; level of knowledge orinformation exchanged between dealer and artist;status and creation of the Tansey Painting;background and history of the Tansey Painting;oeuvre of Tansey's work; information concerningthe transaction between plaintiffs and defendantrelated to the Tansey Painting; and relationshipto any auction sale of the Tansey Painting.

12. Gary Tinterowc/o The Metropolitan Museum of Art1000 5th AvenueNew York, NY 100281-212-535-7710Including but not limited to, business policiesand practices of the Met and related information,information concerning the Tansey Painting,contacts and communications with CC, JC and anyother party in the above captioned actions.

13. Linden Havemeyer Wisec/o The Metropolitan Museum of Art1000 5th AvenueNew York, NY 100281-212-535-7710Including but not limited to, business policiesand practices of the Met and related information,information concerning the Tansey Painting,contacts and communications with CC, JC and anyother party in the above captioned actions.

14. Sharon H. Cottc/o The Metropolitan Museum of Art1000 5th AvenueNew York, NY 100281-212-535-7710Including but not limited to, business policies

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and practices of the Met and related information,information concerning the Tansey Painting,contacts and communications with CC, JC and anyother party in the above captioned actions.

15. Herbert MoskowitzLast known address is:c/o The Metropolitan Museum of Art1000 5th AvenueNew York, NY 100281-212-535-7710Including but not limited to, business policiesand practices of the Met and related information,exhibition history and information concerning theTansey Painting; contacts and communications withCC, JC and any other party in the above captionedactions.

16. Katherine BaetjerLast known address is:c/o The Metropolitan Museum of Art1000 5th AvenueNew York, NY 100281-212-535-7710Including but not limited to, business policiesand practices of the Registrar of the Met andrelated information, exhibition history andinformation concerning the Tansey Painting;contacts and communications with CC, JC and anyother party in the above captioned actions.

17. Emily RaffertyLast known address is:c/o The Metropolitan Museum of Art1000 5th AvenueNew York, NY 100281-212-535-7710Including but not limited to, business policiesand practices of the Met and related information,information concerning the Tansey Painting,contacts and communications with CC, JC and anyother party in the above captioned actions.

18. Philippe de MontebelloNew York UniversityDuke House

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1 East 78 Street, 334Tel +1 212 992 5840New York, New York 10075Including but not limited to, business policiesand practices of the Met and related information,information concerning the Tansey Painting,contacts and communications with CC, JC and anyother party in the above captioned actions.

19. Subject to further discovery, unnamed current andformer staff and/or other personnel at GagosianGallery, Inc., who have relevant informationregarding the claims, defenses and allegationsat issue, including but not limited toinformation concerning the Tansey Painting, andthe transaction between plaintiffs and defendantrelated to the Tansey Painting.

20. Subject to further discovery, unnamed current andformer staff and/or other personnel at CharlesCowles Gallery, Inc., who have relevantinformation regarding the claims, defenses andallegations at issue, including but not limitedto information concerning the Tansey Painting,and the transaction between plaintiffs anddefendant related to the Tansey Painting,contacts and communications with the Met.

21. Subject to further discovery, unnamed current andformer staff and/or other personnel at the Met,who have relevant information regarding theclaims, defenses and allegations at issue,including but not limited to informationconcerning the following:

i. The Tansey Painting;

ii. Provenance;

iii. The transaction between plaintiffs anddefendant related to the Tansey Painting;

iv. Contacts and communications with JC, CC andany other party in the above captionedactions;

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v. Theto:

a.

b.

c.

d.

Met's policies and practices pertaining

Gifts to the Met;

Loans of artwork to third parties;

co-ownership of works of art;

updating information on its websiteconcerning its collection of artwork;and

e. Accommodations to benefactors and/orindividuals who have donated artwork tothe Met.

22. Subject to further discovery, any and allattorneys who represented any party herein,during the relevant time period concerning theTansey Painting and/or the transaction betweenplaintiffs and defendant related to the TanseyPainting.

DOCUMENTS

FRCP Rule 26 (a) (1) (A) (ii) A description by categoryand location of, all documents, data compilations and tangiblethings in the possession, custody or control of the partyrelevant to the claims, defenses and allegations in the abovecaptioned actions:

1. Safflane and Wylde's contracts and communicationswith Gagosian Gallery, Inc. concerning the TanseyPainting.

2. Documents concerning the Tansey Painting and thepurchase of the Tansey Painting.

3. publications concerning the Tansey Painting.

4. Safflane and Wylde reserve the right to use anydocument, data or information produced by anyparty and/or third party in the above captionedcases.

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Documents are located at plaintiffs' counsel's office:

Aaron Richard Golub, Esquire, PCAttorneys for Safflane and Wylde34 East 67~ Street - 3~ FloorNew York, New York 10065T: 1-212-838-4811

DAMAGES

FRCP Rule 26 (a)(1)(A)(iii) A computation of damages:

Plaintiffs' damages include, subject to expert testimony,the value of the Tansey Painting at the time of trial.

INSURANCE

FRCP Rule 26 (a)(1)(A)(iv) Any insurance agreementunder which any person carrying on an insurance business may beliable to satisfy all or part of a judgment which may be enteredin the action or to indemnify or reimburse for payments made tosatisfy a judgment:

Plaintiffs have no insurance policy that could be usedto satisfy any part of a judgment in this case.

Dated: New York, New YorkJune 24, 2011

Respectfully submitted,

s/Aaron Richard GolubAARON RICHARD GOLUB, ESQUIRE, P.C.Attorneys for Plaintiffs34 East 67th Street - 3rd FloorNew York, New York 10065ph: 212-838-4811fx: 212-838-4869ARG 6056

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To: WITHERS BERGMAN LLPAttorneys for Gagosian Gallery, Inc.430 Park Avenue, 10th FloorNew York, New York 10022-3505(212) 848-9800

PATTERSON BELKNAP WEBB & TYLER LLPAttorneys for The Metropolitan Museum of Art1133 Avenue of the AmericasNew York, New York 10036(212) 336-2000

SNR DENTON LLPAttorneys for Jan Cowles1221 Avenue of the AmericasNew York, NY 10020-1089(212) 768-6700

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