Al Hirschfeld Foundation v. Margo Feiden Galleries et al, No. 1:2016cv04135 - Document 299 (S.D.N.Y. 2019)

Court Description: OPINION AND ORDER: For the foregoing reasons, a jury trial on the Gallery's counterclaim will be limited to sales made by the Foundation within New York and New Jersey. To the extent the Gallery is relying on sales of Media Commissioned Works to support its counterclaim, it will be limited to sales by the Foundation of either (a) Media Commissioned Works created before the Agreement that were within the Consignment Number, or (b) Media Commissioned Works created after the Agreement. The Cou rt directs counsel to submit a detailed Joint Pretrial Order, consistent with this ruling and consistent with the Court's Individual Rules governing jury trials. The Joint Pretrial Order shall be due Friday, October 25, 2019. At the close of the hearing on damages scheduled for Wednesday, October 30, 2019, the Court will review the Joint Pretrial Order in detail with counsel, and set a trial date. (Pretrial Order due by 10/25/2019.) (Signed by Judge Paul A. Engelmayer on 10/10/2019) (jwh)