Peter Beard v. Natalie White - Recovery of Photographs PDF

GROSSMAN LLP
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Judd B. Grossman, Esq.
jgrossman@ grossmanllp.com
Lindsay E. Hogan, Esq.
lhogan@ grossmanllp.com
405 Park A venue - 1Oth Floor
New York, New York 10022
Telephone: (646) 770-7445
Facsimile: ( 646) 417-7997
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Attorneys for Plaintiffs Peter Beard,
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Nejma Beard and Peter Beard Studio, LLC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PETER BEARD, NEJMA BEARD,
and PETER BEARD STUDIO, LLC,
Plaintiffs,
-against-
Case No:
COMPLAINT

NATALIE WHITE and
NATALIE V. WHITE, LLC,
JURY TRIAL DEMANDED
Defendants.

Plaintiffs Peter Beard, Nejma Beard, and Peter Beard Studio, LLC, for their Complaint
against Defendants Natalie White and Natalie V. White, LLC, state as follows, on knowledge as
to themselves and on information and belief as to all other matters, which are likely to have
evidentiary support after a reasonable opportunity for discovery:
NATURE OF THE ACTION
1. This is a case about how Defendant Natalie White used lies and deception to leech
onto well-known 76-yeard-old wildlife photographer, Peter Beard, in an effort to take advantage
of his celebrated artistic talents, all in the name of enriching herself at his expense. Now,
through an unconscionable purported consignment agreement (the "Purported Agreement"),
which White duped Mr. Beard into signing at a nightclub during a night of drinking, and another
alleged oral agreement (the "Purported Oral Agreement), she is continuing to seek to exploit him
for her own personal and financial gain. Plaintiffs have commenced this action to stop White
once and for all from continuing to illegally victimize Mr. Beard.
2. Mr. Beard has achieved great artistic and commercial success throughout his
career. In 2006, the well-known art-book publisher, Taschen, published a 750-plus page book
(the "Taschen Book") compiling Mr. Beard's oeuvre, or body of work, consisting largely of
Beard's original photographs and historic collages, which he has embellished with extraordinary
finishing touches. Mr. Beard has employed a wide variety of photographic layout techniques
during his career, including through the use of a "Giant Polaroid" instant camera. A number of
these Giant Polaroids have been included in the published Polaroid Collections of Photography.
3. By some accounts, Mr. Beard "is perhaps just as well known for his exuberant
party boy persona as he is for his iconic images and mixed media collages, some of which
include splotches of the artist's own blood."
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Unfortunately, though, Mr. Beard has encountered
a variety of bad actors along the way, including Defendant Natalie White, whom Beard met at a
nightclub almost seven years ago. Since that time, White has relentlessly pursued Mr. Beard in
an effort to be a constant figure at his side, falsely branding herself as Beard's "model muse."
4. In or about early fall 2013, White approached Mr. Beard about the possibility of
doing a Giant Polaroid photo-shoot. He had done one previously in 2009 with White and some
of her associates, but he was reluctant to work with White again because the prior shoot had gone
so horribly wrong. Among other things, White and other various parties, including Elizabeth
Fekkai (a close friend of White's and the registered agent for Defendant Natalie V. White, LLC)
See http://www.fodors.com/news/fodors-travel-tastemaker-photographer-and-africaphile-
peter-beard-6919.html.
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had sold, copied and given away various Beard works from that photo-shoot, without Beard's
permission and without remitting a dime to him. Accordingly, to convince Mr. Beard to do
another Giant Polaroid shoot, White offered to organize yet another shoot, ostensibly to make
amends. Mr. Beard reluctantly agreed.
5. Unbeknownst to Mr. Beard, however, White had already devised a plan to dupe
Mr. Beard into signing away to her and others his rights to approximately 100 original Peter
Beard works-conservatively valued at more than $1 million. To coerce him into signing a
contract with such unconscionably one-sided terms, White directed her lawyers to prepare a
contract-without involving Beard's long-time counsel, whom White's attorneys knew well
from the 2009 shoot-which White planned to spring upon Mr. Beard when he least suspected it.
6. So White invited Mr. Beard to a nightclub on October 27, 2013-White's
birthday-ostensibly for a birthday celebration. In fact, though, White had lured him there to
coax him into signing the contract; indeed, weeks before she already began making arrangements
to have a notary present at her party for that very purpose.
7. Without reading the document, and certainly without having any opportunity to
consult counsel, Mr. Beard hurriedly signed the Purported Agreement shortly after 11:00 p.m., in
the middle of the dimly lit nightclub, with music playing and the drinks flowing.
8. The photo shoot began the very next day, and it took place over the course of two,
two-day sessions, the second of which White claims was governed by the Purported Oral
Agreement. The shoots took a toll on Mr. Beard. Following the first shoot, he was hospitalized
due to a dangerous unknown mix of alcohol and pills in his system. And Mr. Beard suffered a
serious stroke days after the second shoot.
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9. But none of this deterred Defendants from executing their scheme, and White
persisted in demanding that Mr. Beard complete at least 100 of the unfinished Giant Polaroid
photos from the shoots. And, in fact, Mr. Beard did complete approximately 16 works.
10. On May 1, 2014, however-while Mr. Beard and his wife, Plaintiff Nejma Beard,
were in Kenya, where they had been for nearly two months attending to the estate of her father,
who had passed away suddenly-White's attorneys sent a demand letter to Mr. Beard insisting
that he complete an additional84 works, allegedly as per the purported agreements.
11. Defendants have held hostage all the completed works (some of which they
admittedly have sold) as well as all 90 of the original unfinished Giant Polaroid photographs.
And, despite Plaintiffs' repeated demands, Defendants have refused to turn over Beard's works.
12. Moreover, Defendants admittedly have made dozens of unauthorized copies of
Beard's works from the shoots. Those copies clearly constitute copyright infringement under the
United States Copyright Act, 17 U.S.C. 106. Although Plaintiffs have yet to register the
copyright in these works, they are in the process of doing so in connection with this litigation,
and they may seek to amend this Complaint once they do.
13. In any case, the backdrop for the photo-shoots were decorated with over 120
original Beard works, all of which had been registered previously with the United States
Copyright Office, so Defendants' unauthorized copying of the Giant Polaroids including those
registered works constitutes copyright infringement for this separate and independent reason as
well. Accordingly, Plaintiffs seek the return of these unauthorized copies and an injunction
prohibiting Defendants' further unauthorized copying of Mr. Beard's works.
14. Plaintiffs also seek a declaratory judgment declaring void both purported
consignment agreements. As a basic matter, the agreements are procedurally and substantively
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unconscionable, both because of their incredibly one-sided terms, and the circumstances under
which they allegedly were executed.
15. What is more, Mr. Beard, who suffers from memory loss, confusional episodes,
hearing and vision loss, as well as other serious mental and physiological impairments, lacked
capacity to contract at the time of the agreements. And the alleged Purported Oral Agreement is
invalid for the additional reason that it violates the Statute of Frauds.
16. For these reasons, Plaintiffs have commenced this action seeking, among other
things: (1) an injunction ordering the return of the Beard's works; (2) an injunction prohibiting
the unauthorized copying of Beard's works; and (3) monetary damages, including punitive
damages, based on Defendants' willful and intentional misconduct.
PARTIES, .JURISDICTION, AND VENUE
17. Plaintiff Peter Beard is a domiciliary of New York, New York.
18. Plaintiff Nejma Beard is a domiciliary of New York, New York.
19. Plaintiff Peter Beard Studio, LLC (the "Studio") is a Delaware limited-liability
company located in Manhattan. Mr. Beard is the sole owner of the Studio.
20. Defendant Natalie White is a domiciliary of New York, New York.
21. Defendant Natalie V. White, LLC is a New York limited-liability company with
an address located in New York, New York. White is the sole member of Natalie V. White, LLC
22. This Court has personal jurisdiction over each of the Defendants because
Defendant White, who is the sole member of Natalie V. White, LLC, is domiciled in New York,
Defendants have transacted business within the State of New York (including the transactions at
issue in this litigation), Defendants have committed tortious acts within the State of New York,
and Defendants have committed tortious acts without the State causing injury within the State,
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such that this Court's assertion of jurisdiction over Defendants does not offend traditional
notions 'of fair play and due process.
23. This Court has subject-matter jurisdiction under 28 U.S.C. 1331 and 17 U.S.C.
106, et seq., and over Plaintiffs' related state-law claims under 28 U.S.C. 1367.
24. Venue is proper under 28 U.S.C 1391 because a substantial part of the events or
omissions giving rise to Plaintiffs' claims occurred in this District. In particular, Defendants
negotiated the transactions at issue in New York County, the activities related to the transactions
at issue occurred in here and all parties are located in this District.
STATEMENT OF FACTS
Peter Beard
25. Peter Beard is a 76-year old highly acclaimed American photographer. Mr.
Beard's signature style involves a complex photo-collage technique, whereby, among other
things, he embellishes his original photographs and collages with paints and other materials, a
process which he refers to as "hand-working" the photographs.
26. Mr. Beard has employed a variety of photographic techniques throughout his
career, including through the use of a "Giant Polaroid" instant camera. One of the artistic
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challenges of working with a Giant Polaroid camera is that the photographer can only create one
original print per photograph, without any opportunity to manipulate the image after the shot is
taken. Giant Polaroid photographs are one of a kind, so there are no useable negatives or digital
files; the only way to reproduce an image is by copying or scanning the original photograph.
27. At the time that Polaroid created its unique instant camera in 1970, it granted
certain artists free access to Giant Polaroid supplies (the camera and 20" x 24" instant film) in
exchange for some of the artists' Polaroid images. Among the artists who began experimenting
with the Giant Polaroids were Andy Warhol, Chuck Close, and Peter Beard.
28. In or about 1986, Mr. Beard began collaborating with Polaroid's "Artists Support
Program," and in connection with that work he photographed the likes of lman, Khadija Adam,
Paula Barbieri, Grace Jones, Owen Edwards and Magritte Ramme; eventually, in 1992 and 1993,
nine of Beard's Giant Polaroids were added to the Polaroid Collections of Photography.
29. Mr. Beard's artworks have been exhibited and published for decades. In 2006,
the well-known art-book publisher, Taschen, published a book (the "Taschen Book") that has
come to define Mr. Beard's oeuvre, or body of work. The large-format Taschen Book includes
over 750 pages of Beard's artworks.
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30. Peter Beard and his Studio have registered with the United States Copyright
Office the copyright in hundreds of his artworks (the "Registered Works"). True and correct
copies of the copyright registration for the Taschen Book are attached hereto as Exhibit A.
31. Like his art, Mr. Beard himself is quite well-known and admired by many, and
since the 1970's he has been a fixture of the New York nightlife scene:
In addition to photographing African wildlife, Beard has snapped
supermodels and rock stars, first ladies and pop artists. And he is
perhaps just as well known for his exuberant party boy persona as
he is for his iconic images and mixed media collages, some of
which include splotches of the artist's own blood. During Studio
54's heyday, Beard traipsed around Manhattan-and, across the
globe-with the likes of Andy Warhol, Mick Jagger, Jackie
Onassis, Cheryl Tiegs (to whom he was married for five years),
and lman (the Somali model and actress whom Beard discovered
while she was still a student at University of Nairobi.)
See http://www.fodors.com/news/fodors-travel-tastemaker-photographer-and-africaphile-peter-
beard-6919.html. Mr. Beard also was well-known for his friendships with Richard Lindner,
Francis Bacon and Larry Rivers.
32. Unfortunately, due to his advancing age and his lifestyle, Mr. Beard's mental and
physical health have declined, especially in recent years. Among other things, Mr. Beard has
suffered memory loss, confusional episodes, hearing and vision loss, as well as other serious
physiological impairments.
The Studio
33. Mr. Beard has been married for 28 years to his wife, Nejma Beard, and the couple
has a daughter, Zara. In or around 2001, Mr. and Mrs. Beard founded Peter Beard Studio, LLC
to protect Mr. Beard's works and his legacy as an artist and photographer. The Studio is located
in Chelsea, Manhattan, where Mr. Beard's works are archived and displayed.
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34. Mr. Beard and the Studio have long been represented and advised on art-related
legal matters by attorney John Charles Thomas and his law firm, Stout Thomas & Johnson. Mr.
Thomas has counseled Mr. Beard on various matters, including, among other things, copyrights,
rights of publicity/privacy, and the exhibition, sale, and editioning, of Mr. Beard's works.
35. Mr. Thomas and his law firm also have represented Mr. Beard concerning various
corporate matters relating to his business as an artist, including, for example, the formation of the
Studio.
36. Mr. Beard's long-time attorneys prepared resolutions naming Mrs. Beard as the
Studio's President and Executive Director, and they prepared a letter agreement whereby Mr.
Beard appointed Mrs. Beard as his "agent and representative" authorizing her to act on his behalf
regarding all his business affairs, including without limitation:
the sale and handling of my works (and the handling and storage of
my negatives and source materials); my gallery and dealer
relationships; the commissioning of works by me; the licensing of
my copyrights and publicity rights (name and likeness); and my
relationships with my art galleries, photo agents or other third-
party representatives engaged to represent me in connection with
sales, commissions, and/or licensing.
Natalie White and Her Cohorts
37. Defendant White, now 27-years old-almost 50 years Mr. Beard's junior-first
introduced herself to Mr. Beard almost seven years ago, while partying at a Chelsea nightclub.
38. Since that time, White has made a point of trying to be a constant figure at
Beard's side, along the way branding herself as Mr. Beard's "model muse." She of course is no
such t h i n ~ but to bolster this fabricated persona, White hired at least one public-relations firm to
exploit and publicize her connections to Mr. Beard.
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39. Elizabeth Shiell Fekkai, the ex-wife of the celebrity hairstylist, Frederic Fekkai,
and a member of White's inner circle, has known Mr. Beard casually since 1984 when they met
at a nightclub.
40. At various points in time, including in connection with a 2009 Giant Polaroid
photo-shoot, Fekkai has purported to act as Mr. Beard's agent and representative in connection
with the sale of his artworks.
41. In or about April 2011, Mr. Beard's long-time attorneys learned that Ms. Fekkai
may have been selling various Beard works, including works from the 2009 shoot, purportedly
on consignment without remitting to Mr. Beard his share of the sale proceeds and without
properly accounting to him.
42. Accordingly, in an effort to resolve the dispute, they contacted Fekkai's attorney
(the "Attorney") demanding that Fekkai: (1) return all unsold works that Mr. Beard purportedly
had consigned for sale, loaned, or otherwise entrusted to Fekkai; and (2) provide a written
accounting of all works received from Mr. Beard and all works sold as well as a payment in full
to Mr. Beard for all amounts due from the sales proceeds.
43. In response, in early 2012, Fekkai and her Attorney ultimately advised that
Defendant White was in possession of the unsold Peter Beard works at issue. Despite Fekkai' s
assurances that White was willing to return the works, neither Fekkai nor White ever did so.
44. Bernie Chase, another of White's friends and colleagues, describes himself as "an
American multimillionaire, car dealer, art collector, pop-culture museum curator, and clockwork
enthusiast." See http://about.me/berniechase.
45. Chase also claims to have "displayed his keen eye for fine objects by launching
the Symbolic Collection-a purveyor of popular culture artifacts, memorabilia, and alternative I
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underground art. The Symbolic Collection-which has two locations-one in San Diego,
California, the other in London, England-is a combination art gallery and popular culture
museum. Symbolic Collection deals in a remarkable array of high-value 'investment'
collectables and artwork." /d.
46. Chase was introduced to Beard by White and since that time, Chase has attempted
to befriend Mr. Beard in an effort to amass a collection of Beard works and memorabilia.
Natalie White And Her Cohorts Devise A
Scheme To Cash In On Their Beard Connections
47. In or about September/October 2013, after Mr. Beard underwent a major cancer-
related surgery, Natalie White and her cohorts, including Fekkai, Chase, and others, began
scheming to monetize their connections to Beard.
48. The plan they devised involved yet another Giant Polaroid shoot, which White
told Mr. Beard she would organize, ostensibly to make amends for the 2009 Giant Polaroid shoot
that had gone so horribly wrong, where White and Fekkai essentially disappeared with Beard's
works and then failed to remit to him any of the sales proceeds, as described above. In actuality,
though, White saw this as an opportunity to cash in, and she developed and implemented a well-
orchestrated plan to that end.
49. Among other things, White engaged the same Attorney who had represented
Fekkai previously concerning Mr. Beard's claims arising out of the 2009 Giant Polaroid shoot.
50. White directed the Attorney to prepare a contract for Mr. Beard's signature
outlining the specific terms and conditions governing the new photo-shoot and her expected
financial gain.
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51. White instructed the Attorney to create a limited-liability company, Defendant
Natalie V. White, LLC, so that White personally could avoid being a party to any purported
agreement and to insulate herself from potential liability in connection with her scheme.
52. According to the New York Department of State's website, Natalie V. White,
LLC was registered on October 28, 2013-the day after the Purported Agreement eventually was
signed. Moreover, White designated none other than Elizabeth Fekkai as the "registered agent."
A true and correct copy of the New York State Department of State's Entity Information for
Natalie V. White, LLC is attached hereto as Exhibit B.
53. Rather than involve Beard's longtime counsel, whose identity White's Attorney
knew well, White instructed the Attorney to provide her with a copy of the agreement to present
directly to Beard for his signature.
54. It was precisely because White and her Attorney knew very well the identity of
Beard's longtime counsel that she wanted to present the agreement to Mr. Beard for his signature
without their knowledge or involvement. White knew that the Purported Agreement's one-sided
terms would have been rejected out of hand.
White Cons Beard Into Signing the Purported Agreement
55. After finalizing the Purported Agreement and instructing her Attorney to establish
a limited-liability company to protect her in connection with this scheme, White's next step was
to dupe Mr. Beard into signing the Purported Agreement.
56. And, knowing Mr. Beard's affinity for the nightlife, White knew that there was no
better venue to coerce Mr. Beard into signing the Purported Agreement than a party.
57. So White decided to lure Mr. Beard to a nightclub on October 27, 2013-White's
birthday-ostensibly for a birthday celebration. In reality, however, it was all a ruse to deceive
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Mr. Beard into signing the Purported Agreement in a place where he likely would not have the
chance to review it closely (or at all).
58. To execute this next part of her scheme, White enlisted the help of more of her
friends, all of whom were unknown at the time to Mr. Beard. One of these friends was Amanda
Scoledes. On or about October 15, 2013-almost two full weeks before White's birthday
celebration where White planned to spring the Purported Agreement upon Mr. Beard-Scoledes
contacted a notary, Julian Hill, to be present for the signing. Scoledes called Mr. Hill again on
October 25, 2013, at which time she falsely held herself out as Peter Beard's "assistant" and
stated that she was calling on his behalf.
59. Scoledes asked Mr. Hill to meet her and Mr. Beard on October 27, 2013-at
approximately 11:00 p.m.-at Cipriani, located in the West Village of Manhattan.
60. When Mr. Hill arrived at Cipriani, Scoledes led him to the upstairs level, which
was arranged as a nightclub or lounge. Scoledes brought Mr. Hill to a large table where he was
introduced to Peter Beard, who at the time was accompanied by a large group, mostly of women.
The room was dimly lit, and a DJ was playing music. The Cipriani staff were assembling bottles
of champagne and other drinks at the tables, and Mr. Beard and the others had been drinking.
61. Shortly after Mr. Hill arrived, Scoledes took the Purported Agreement from her
bag to be signed by Mr. Beard, and then she accompanied Beard and Hill to the side of the bar
where Mr. Beard proceeded to flip directly to the signature page, without reading or reviewing
the Purported Agreement, and then to sign it hurriedly. He then returned to the party, at the
lounge table where he had been seated.
62. Mr. Beard did not read the Purported Agreement prior to signing it; in fact, he did
not read it until months later, after this litigation became imminent.
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63. Because Mr. Beard did not provide any form of identification, Scoledes and two
of White's other friends, Eva C. Bastianon and Henry J. Goldsmith, served as "Witnesses" to Mr.
Beard's signature at approximately 11:20 p.m.
64. After the three witnesses signed the Purported Agreement, Scoledes returned with
Natalie White, who was carrying a drink. Once White signed the Purported Agreement at
approximately 11:30 p.m., Mr. Hill then accompanied Scoledes to a nearby ATM where she
withdrew cash to pay the notary fee.
65. Scoledes then provided an e-mail address to Mr. Hill to send the invoice:
GiantPolaoid@gmail.com (a misspelled play on Beard's Giant Polaroids).
The Purported Agreement's One-Sided Terms
66. Unbeknownst to Beard at the time he signed it, the terms of the Purported
Agreement could hardly be more one-sided in White's favor. A true and correct copy of the
Purported Agreement is attached hereto as Exhibit C.
67. The document purports to require Mr. Beard to create "between fifty (50) and
ninety (90) original Giant Polaroid images" (hereinafter, referred to as the "Unfinished Giant
Polaroids") and "to use all reasonable best efforts to complete all Works within six (6) months
following the Shoot" (hereinafter to be referred to as the "Works").
68. The Purported Agreement provides a windfall to White, purportedly entitling her
to keep the first twentyjive completed Works. Even conservatively, therefore, the Purported
Agreement would provide White with approximately $1 million in artwork before Mr. Beard
could see a single dime. (Ex. Cat <j[ 3(a).)
69. The Purported Agreement further provides that "the models for the Shoot will
also not be paid a separate fee, but shall each receive one (1) fully hand worked Work in full
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compensation for their appearance and participation in the Shoot." (/d. at <J[ 2.) Accordingly, if
each of the approximately thirty models from the First Shoot received a Work, and White were
"given" twenty-five additional Works under Paragraph 3(a), then Mr. Beard would have satisfied
his obligations under the Agreement without receiving a single dime.
70. For Mr. Beard to even possibly get paid from sales under the Purported
Agreement, he would have to create more than fifty-five works (again, the Purported Agreement
only purports to require a total of fifty); with each additional works being subject to
commercially unreasonable consignment terms.
71. As an initial matter, "[a]ll additional Works shall be consigned to White ... for a
period of ten (10) years from the date of the Shoot for resale by White." (Ex. C at <J[ 3.) A ten-
year consignment period is extraordinary as a general matter, especially where, as here, Mr.
Beard-who already is ailing physically-would be 85-years old at the end of the consignment
period. In other words, the Purported Agreement gives White absolute control of the Works for
the remainder of his life and perhaps after his death (as it also purports to bind Mr. Beard's
heirs). (/d. at <J[ 8.)
72. The financial terms governing the potential consignment of all remaining
completed Works are totally beyond what is commercially reasonable, providing that "Beard
shall receive the sum of $18,000 for each of the 25 works sold by White (after distribution of up
to 25 Works" to White), regardless of the sale price. The amount of this "commission" is even
more incredible considering that White already would have received approximately $1 million in
artwork before any sale proceeds would be remitted to Mr. Beard.
73. Finally, although "following the sale of such 25 Works, Beard shall receive sixty
percent (60%) of the proceeds from the sale of any additional Works" (id. at <J[ 3(b)), a 40%
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"commission" for White is more than double what she claims to have previously received in
connection with the sale of Mr. Beard's works on consignment. See White v. Beard, Index
No.652254/2014 (N.Y. Co., July 23, 2014).
74. The Purported Agreement provides other broad protections to White at Mr.
Beard's expense. For example, it purports to require Mr. Beard personally to indemnify White
and any of her cohorts from any and all losses and expenses, even if those amounts are the result
of their own negligence or gross misconduct. (See Ex. Cat <)[4.) And, tellingly, these purported
indemnity obligations expressly extend to acts by "any third party (including without limitation,
Nejma Beard, Ansel Beard, Zara Beard, or Peter Beard Studio)," revealing clearly White's intent
to keep at bay all the people closest to Mr. Beard-i.e., his family-who have Mr. Beard's best
interests in mind.
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The First Giant Polaroid Shoot - October 28-29, 2013
75. The first photo shoot (the "First Shoot") began the very next day, on October 28,
2013, the day after White duped Beard into signing the Purported Agreement.
76. Once again, Mr. Beard had agreed to participate because he believed that White
had offered to do the shoot as a way of making up to him for the 2009 Giant Polaroid shoot; but
he certainly did not know the onerous financial terms included in the Purported Agreement that
White convinced him to sign the night before.
77. Upon arriving at the shoot, the background was decorated with copies of the
Registered Works tom directly from the Taschen Book.
78. Beard took dozens of Giant Polaroids at the First Shoot, and afterwards he
completed a few Works, leaving dozens of Unfinished Giant Polaroids. Beard was unaware of
2
"Ansel" appears to be a misspelled reference to Beard's brother, Anson.
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how many Works existed, however, because White immediately took possession of all the
Unfinished Giant Polaroids and the Works following the shoot.
Beard Is Hospitalized Almost Immediately Following The First Shoot
79. Just weeks after the First Shoot, on or about November 13, 2014, Beard was
hospitalized on an emergency basis due to a dangerous mix of drugs and alcohol in his system,
and he subsequently was admitted to St. Luke's-Roosevelt Emergency Psychiatric Center, where
he was held for observation until mid-afternoon on Saturday November 16, 2013.
80. Mr. Beard's daughter Zara came to the hospital to pick him up upon being
discharged. Unfortunately, so did Eva Bastianon-again, one of White's cohorts and a witness
to the Purported Agreement-who took Beard from the hospital to a hotel room at the Soho
Grand, where Chase was staying and where White and her associates had arranged for Beard to
have a separate small room where he could "hand-work" and complete the Unfinished Giant
Polaroids from the First Shoot.
The Second Giant Polaroid Shoot -November 18-19, 2013
81. Knowing that Mr. Beard was an easy target and sensing how lucrative her plan
could be, White almost immediately broadened the reach of her scheme. And although Mr.
Beard had just been released from the hospital, White arranged for another two-day shoot (the
"Second Shoot") for November 18 and 19, 2013.
82. Although, as with the First Shoot, White had the Attorney draft an agreement for
Mr. Beard to sign (the "Purported Oral Agreement"), which was identical in all material respects
to the Purported Agreement, the Purported Oral Agreement was never signed by any of the
parties. A true and correct copy of the Purported Oral Agreement, a copy of which Defendants
recently provided in connection with this dispute, is attached hereto as Exhibit D.
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83. As evidenced from the face of the Purported Oral Agreement, however, including
among other things, the same signature block as the Purported Agreement (which provided for
signatures by both parties and a notary), clearly Defendants contemplated that it would have to
be signed to be effective.
84. White apparently secured additional funding from Bernie Chase for the Second
Shoot. To return the favor, she entered into an agreement with Chase providing a right of first
refusal for up to 25 of the completed Beard works from the Second Shoot at a price of $22,000
each; again, well below their retail value.
85. The Shoot proceeded as White had planned and once again, the background was
decorated with copies of the Registered Works tom directly from the Taschen Book.
Beard Suffers A Stroke Immediately Following The Second Shoot
86. Following the conclusion of the Second Shoot, the day after he arrived home, on
November 23 2013, Beard suffered from a stroke and was hospitalized for the next several days.
87. Again, ignoring Mr. Beard's health concerns and his best interests-all in the
name of making money-White and Bernie Chase arranged for Mr. Beard to complete the
remaining Giant Polaroid works.
88. To that end, only days after Mr. Beard's stroke, on or around December 10, 2013,
Mr. Beard was still in bed when Chase showed u.p unannounced at his home. Mr. Beard came to
his building lobby ostensibly for a quick chat-indeed, Mr. Beard was not wearing a jacket or
even shoes-but Chase coaxed him into his car and then took him to a hotel, where White and
Chase had reserved a room for Beard to complete the Unfinished Giant Polaroids from the
Second Shoot.
18
White Seeks To Capitalize On Her Plan
89. Once again, the Purported Agreement purports to require Mr. Beard to "use all
reasonablebest efforts to complete all Works within six (6) months following the Shoot."
90. On May 1, 2014-just six months and two days after the First Shoot-White's
attorneys sent a demand letter (the "Demand Letter"), alleging a breach of the Purported
Agreement and tortious interference by Mrs. Beard. The letter demanded that Beard complete
"at least 84 more" works and "the pieces to which the models are entitled."
91. Demonstrating her callousness towards Mr. Beard's health and well-being, and
her singular focus on monetizing her scheme, White sent this Demand Letter almost immediately
upon the expiration of the 6-month period, even though she knew of Mr. Beard's serious health
issues over the preceding months, as well as the fact that in April and May 2014, Mr. and Mrs.
Beard were on an extended visit to Kenya to attend to the estate of Mrs. Beard's father, who had
passed away suddenly that March.
White Holds Hostage Beard's Photographs And
Makes Unauthorized Copies of Beard's Works
92. At the time of White's Demand Letter, Mr. Beard had no recollection of how
many Works he had, in fact, completed, or of the number of Unfinished Giant Polaroids that
remained.
93. Mr. Beard's lack of information was due in part to his deteriorating mental health
and memory; but mostly because White had taken all the Unfinished Giant Polaroids and Works
to an undisclosed location and deprived Mr. Beard of any access to them.
94. Accordingly, in response to White's Demand Letter, Plaintiffs' counsel, among
other things, demanded the return of all completed Works and Unfinished Giant Polaroids.
19
95. Defense counsel refused Mr. Beard's request, and all the Unfinished Giant
Polaroids and Works remain in a Manhattan art-storage facility under Defendants' exclusive
control.
96. And although Defendants did permit Mr. Beard-under defense counsel's
supervision-to inventory and inspect the Unfinished Giant Polaroids, to date he still has not
seen a single one of the completed Works, some of which he has been informed were already
sold (to Bernie Chase and possibly others).
97. What is more, Defendants admittedly have made dozens of copies of the
Unfinished Giant Polaroids taken during the First and Second Shoots. As an initial matter, these
Unfinished Giant Polaroids are not completed artworks, so they are not covered by the Purported
Agreement.
3
In any case, the Purported Agreement does not provide for the making of any
copies (of either finished or unfinished works), so of course Defendants' copying was
unauthorized.
98. Although Plaintiffs are in the process of registering the copyright protection for
all these Unfinished Giant Polaroids (it is highly unusual as a general matter, outside the
litigation context, to register the copyright in an unfinished work), of course this unauthorized
copying of Mr. Beard's photographs constitutes copyright infringement. And Plaintiffs intend to
amend their Complaint to add copyright-infringement claims on that basis, once those
photographs have been registered.
3
The Purported Agreement contemplates that the Giant Polaroid photographs are not
finished works, stating that the photographs "will subsequently be hand worked by Beard in a
style and artistic manner consistent with his past worked Giant Polaroid images" (see Exs. A and
Bat 1 (Preamble)) and provides that "Beard shall deliver to White each finished worked Work as
and when it is completed' (id. t ~ 3(b ), emphasis added).
20
99. Moreover, as explained above, almost all the unfinished photographs themselves
include images of Mr. Beard's Registered Works from the Taschen Book, which itself has been
registered with the Copyright Office. So the unauthorized copying of the Unfinished Giant
Polaroids constitutes copyright infringement for this separate and independent reason as well.
White Sues Beard
100. On July 15, 2014, Plaintiffs' counsel notified White's attorneys that, among other
things, Defendants "have committed knowing copyright infringement."
101. The following week, on July 23, 2014, White and Natalie V. White, LLC filed an
action in New York State Court against Peter and Nejma Beard and the Studio. See Natalie
White v. Peter Beard, Index No. 652254/2014, New York State Supreme Court, New York
County (the "State Court Action").
102. White has asserted claims against Beard for breach of the Purported Agreement
and the Purported Oral Agreement, and against Nejma Beard and Peter Beard Studio for tortious
interference with contract.
103. The State Court Action also requests a declaratory judgment that the purported
agreements prohibit Beard from entering into a consignment agreement with anyone other than
Defendants with respect to the pieces produced as a result of the First and Second Shoots.
104. On or about August 4, 2014, to accommodate the conflicting summer schedules of
the parties and counsel, Plaintiffs here (Defendants in the state-court litigation) agreed in a So-
Ordered Stipulation (the "So-Ordered Stipulation") not to file any motion against White or
Natalie V. White, LLC before October 3, 2014, which also is the so-ordered stipulated deadline
to answer the State Court Complaint.
21
105. The So-Ordered Stipulation in the State Court Action further provides that Natalie
White and Natalie V. White, LLC "shall not remove from Cirkers [art-storage facility], transfer,
sell, pledge, assign, or otherwise dispose of any of the Property," defined as "ten (10) finished
works of art and various giant Polaroid photographs and copies thereof that were created in
connection with the photography shoots at issue in this action," "until there has been either an
agreement by the parties or an order of the Court."
106. The So-Ordered Stipulation does not expressly state that Defendants will refrain
from continuing to make unauthorized copies of the Unfinished Giant Polaroids.
107. In light of the exclusive federal jurisdiction over Plaintiffs' federal copyright-
infringement claims, and the additional claims arising out of the same core nucleus of facts as the
State Court Action, Plaintiffs will seek to stay that case in favor of resolving all the claims here.
CAUSES OF ACTION
COUNT I
Violation of United States Copyright Act, 17 U.S.C. 106
108. Plaintiffs repeat and reallege the allegations contained in Paragraphs 1 through
107 as if fully set forth herein.
109. Peter Beard is the exclusive owner of all copyrights in the Registered Works
included in the Tasch en Book. Each of the Registered Works is the subject of a valid Certificate
of Copyright Registration issued by the Register of Copyrights. (See Ex. A.)
110. Under 17 U.S.C. 106(1) & (3) of the Copyright Act, Plaintiff has the exclusive
right to reproduce the Registered Works and distribute them to the public.
111. The Registered Works were used in the First and Second Shoots, and the
Unfinished Giant Polaroids include images of these Registered Works. A spreadsheet containing
those Works is attached hereto as Exhibit E.
22
112. Defendants have unlawfully made unauthorized copies of the Registered Works
and they have refused to return the copies to Plaintiffs despite Plaintiffs' repeated demands.
113. Plaintiffs are entitled to an injunction ordering the return of all the infringing
unauthorized copies of the Registered Works.
114. Plaintiffs have been damaged in an amount to be determined at trial as a direct
and proximate result of Defendants' infringing conduct in violation of Plaintiffs' exclusive rights
under 17 U.S.C. 106.
115. The foregoing acts of infringement by Defendants were willful, wanton, malicious
and oppressive and justify an award of punitive damages.
COUNT II
Declaratory Relief- The Purported Agreement
117. A justiciable controversy exists between Plaintiffs, on the one hand, and
Defendants, on the other hand, as to the validity of the Purported Agreement.
118. Defendants filed the State Court Action alleging breach of contract, breach of the
implied covenant of good faith and fair dealing and tortious interference with respect to the
Purported Agreement.
119. Plaintiffs are entitled to and demand a judgment declaring void the Purported
Agreement between Peter Beard and Natalie V. White, LLC because, among other reasons:
( 1) neither of the parties to the Purported Agreement had the capacity to contract at the time the
alleged contract were executed, and (2) the Purported Agreement is unconscionable.
120. As detailed above, Beard did not have capacity to enter into the Purported
Agreement due, among other reasons, to his persisting mental and physiological ailments,
23
including memory loss, hearing and vision loss, and confusional episodes. Accordingly, he was
unable to comprehend the nature of the transaction and incapable of making a rational judgment
concerning the complex business transaction at the time he signed the Purported Agreement.
121. Natalie V. White, LLC was registered with the New York State Department of
State on October 28, 2013, the day after White signed the Purported Agreement on behalf of that
entity (again, White was not in her individual capacity a party to the Purported Agreement).
Accordingly, Natalie V. White, LLC lacked capacity to contract on October 27, 2013, when
White signed the Purported Agreement.
122. The Purported Agreement should be declared void because it is unconscionable.
Defendants coerced Mr. Beard into signing the Purported Agreement at a late-hour party during
a night of drinking. While Defendants had retained experienced attorneys to draft, prepare, and
provide legal counsel concerning the Purported Agreement, Mr. Beard did not read the Purported
Agreement and he was not advised by legal counsel prior to signing it.
123. Defendants intentionally concealed the Purported Agreement from Mr. Beard's
long-time counsel as well as his family and advisors. Indeed, rather than involve Beard's
longtime counsel, whose identity White's Attorney knew well, White instructed the Attorney to
provide her with a copy of the draft agreement to present directly to Beard for his signature.
124. For reasons stated more fully above, the Purported Agreement is almost entirely
one-sided in White's favor. Unsurprisingly, therefore, had Mr. Beard's longtime counsel been
given the opportunity to review the Purported Agreement, he would have advised Mr. Beard
against signing it.
125. Declaratory relief from this Court will resolve this controversy.
24
126. As alleged herein, a real, substantial and immediate controversy is presented
regarding the rights, duties and liabilities of the parties under the Purported Agreement.
Plaintiffs therefore seek a declaratory judgment under 28 U.S.C. 2201, et seq., and Rule 57 of
the Federal Rules of Civil Procedure declaring void the Purported Agreement.
COUNT III
Declaratory Relief- The Purported Oral Agreement
128. A justiciable controversy exists between Plaintiffs, on the one hand, and
Defendants, on the other hand, as to the validity of the Purported Oral Agreement.
129. Defendants filed the State Court Action alleging breach of contract, quantum
meruit and unjust enrichment relating to the Purported Oral Agreement.
130. Plaintiffs are entitled to and demand a judgment declaring void the Purported Oral
Agreement between Peter Beard and Natalie V. White, LLC because, among other reasons:
(1) Beard did not have the capacity to enter into a contract, (2) it is unconscionable, (3) it violates
the Statute of Frauds, and ( 4) Defendants did not intend to be bound by any purported agreement
until it was in writing and signed.
131. As stated above, Beard did not have the capacity to enter into the Purported Oral
Agreement due to his issues with memory loss, hearing and vision loss, confusional episodes, his
recent hospitalization and a serious stroke immediately following the Second Shoot.
Accordingly, he was unable to comprehend the nature of the transaction and incapable of making
a rational judgment concerning the complex business transaction at the time of the alleged
Purported Oral Agreement.
25
132. His mental and physiological state at the time of the Second Shoot and
immediately thereafter rendered him unable to comprehend the nature of the transaction and
incapable of making a rational judgment concerning entering into the Purported Oral Agreement.
133. The Purported Oral Agreement should be declared void because it is
unconscionable. Defendants claim to have entered into the Purported Oral Agreement with Mr.
Beard at or about the time that he had just been hospitalized on an emergency basis due to a
dangerous mix of drugs and alcohol in his system.
134. Moreover, as with the Purported Agreement, while Defendants had retained
experienced attorneys to draft, prepare, and provide legal counsel concerning the Purported Oral
Agreement, Mr. Beard never saw or read the Purported Oral Agreement and he was not advised
by legal counsel concerning the proposed agreement.
13 5. Defendants intentionally concealed the fact of the Purported Oral Agreement from
Mr. Beard's long-time counsel as well as his family and advisors. Indeed, rather than involve
Beard's longtime counsel, whose identity White's Attorney knew well, White instructed the
Attorney to provide her with a copy of the draft agreement to present directly to Beard for his
signature. For reasons stated more fully above, the Purported Oral Agreement is almost entirely
one-sided in White's favor.
136. The Purported Oral Agreement violates the Statute of Frauds, N.Y. Gen. Oblig.
Law 5-701(a)(l), because it is incapable of being performed within one year, including, among
other reasons, because of the 10-year consignment term.
137. The Purported Oral Agreement violates the Statute of Frauds, N.Y. Gen. Oblig.
Law 5-701(a)(10), because it purports to be an agreement to procure a business opportunity.
138. Declaratory relief from this Court will resolve this controversy.
26
139. As alleged herein, a real, substantial and immediate controversy is presented
regarding the rights, duties and liabilities of the parties under the Purported Oral Agreement.
Plaintiffs therefore seek a declaratory judgment Court under 28 U.S.C. 2201, et seq., and Rule
57 of the Federal Rules of Civil Procedure declaring void the Purported Oral Agreement.
COUNT IV
Violation of New York Arts and Cultural Affairs Law 12.01
141. Defendants' conduct as alleged above violated their duties to Mr. Beard as
defined in New York Arts and Cultural Affairs Law 12.01, which governs all consignments of
fine art by artists to an art merchant "for the purpose of exhibition and/or sale on a commission,
fee or other basis of compensation. "
4
142. Section 12.01 imposes great protections for artists in a consignment context,
including the requirements that:
(i) the Works be held as "trust property in the hands of the consignee for the
benefit of the consignor,"
(ii) "any proceeds from the sale of such work are trust funds in the hands of
the consignee for the benefit of the consignor,"
(iii) the Works "shall remain trust property notwithstanding [their] purchase by
the consignee for his own account until the price is paid in full to the
consignor," and
4
For purposes of Section 12.01, an "art merchant" includes, among others, a person like
White who "is in the business of dealing, exclusively or non-exclusively, in works of fine art," or
"a person who by his occupation holds himself out as having knowledge or skill peculiar to such
works, or to whom such knowledge or skill may be attributed by his employment of an agent or
other intermediary who by his occupation holds himself out as having such knowledge or skill."
See Arts & Cult. Affairs Law 11.01.
27
(iv) the Works and the sale proceeds "shall be considered property held in
statutory trust, and no such trust property or trust funds shall become the
property of the consignee."
See Arts & Cult. Affairs Law 12.01(1)(a).
143. Defendants have violated each of these provisions, and to the extent the Purported
Agreement and the Purported Oral Agreement purport to supersede any of these statutory
protections, they are invalid, because as a general matter ""[ w ]aiver of any provision of this
section is absolutely void." /d. 12.01(1)(b).
144. Defendants have violated Section 12.1 0, including, among other reasons, by:
(i) Failing to tum over or make available for inspection trust property, i.e., the
Unfinished Giant Polaroids and the completed Works (including
unauthorized copies thereof);
(ii) Failing to account for all trust funds, including any proceeds from the sale
of the Unfinished Giant Polaroids or the completed Works (including
unauthorized copies thereof); and
(iii) Converting trust property and trust funds for their own use and profit.
145. Section 12.01 permits "[a]ny person who has been injured by reason of a violation
of this article" to bring an action "to enjoin such unlawful act," and "to recover his or her actual
damages," as well as "reasonable attorneys' fees, costs and expenses."
146. Defendants' failure "to treat the trust property or trust funds" "in accordance with
the requirements of fiduciaries in section 11-1.6 of the estates, powers and trusts law," id.
12.01(2), renders them "guilty of a misdemeanor." See N.Y. E.P.T.L. 11-1.6(d).
147. As a direct and proximate result of Defendants' violations, Plaintiffs have been
damaged in an amount to be determined at trial.
28
148. Plaintiffs additionally seek the return of the Unfinished Giant Polaroids and the
completed Works, as well as unauthorized copies thereof.
149. Plaintiffs are entitled to an accounting of all sales, including commissions, of the
Unfinished Giant Polaroids and the completed Works, as well as unauthorized copies thereof.
COUNTV
Conversion
151. Plaintiffs have title to and possessory right and interest in the Unfinished Giant
Polaroids and the completed Works, including unauthorized copies thereof. Plaintiffs' right in
and title to the Unfinished Giant Polaroids and the completed Works, including unauthorized
copies thereof, is superior to any such purported rights asserted by Defendants.
152. Notwithstanding the foregoing, Defendants continue to retain possession and/or
exclusive control over the Unfinished Giant Polaroids and the completed Works, including
unauthorized copies thereof, and they have refused Plaintiffs' repeated demands seeking the
return of these works, thereby interfering with Plaintiffs' title and right to possession in
derogation of Plaintiffs' rights.
153. As a direct and proximate result of said conduct, Plaintiffs have been deprived of
access to and use of the Unfinished Giant Polaroids and the completed Works, including
unauthorized copies thereof. Plaintiffs have expended time and money in an effort to recover
their property and to repair any damage to Beard's reputation caused by Defendants' misconduct.
According! y, Plaintiffs are entitled to the return of the works as well as compensatory and
consequential damages.
29
154. Defendants have acted knowing that they would deprive Plaintiffs of access to
and use of their rightful property. Defendants' acts were therefore willful, wanton, malicious
and oppressive and justify an award of punitive damages.
COUNT VI
Replevin
156. Plaintiffs have title to and possessory right and interest in the Unfinished Giant
Polaroids and the completed Works, including unauthorized copies thereof. Plaintiffs' right in
and title to the Unfinished Giant Polaroids and the completed Works, including unauthorized
copies thereof, is superior to any such purported rights asserted by Defendants.
157. As herein alleged, Defendants are in possession of the Unfinished Giant Polaroids
and the completed Works, including unauthorized copies thereof.
158. Plaintiffs have demanded return of the Unfinished Giant Polaroids and the
completed Works, including unauthorized copies thereof, thereby asserting their superior
ownership rights, but Defendants have refused Plaintiffs' repeated demands.
159. Accordingly, Defendants are liable to Plaintiffs for replevin and are required to
return forthwith to Plaintiffs the Unfinished Giant Polaroids and the completed Works, including
unauthorized copies thereof. Plaintiffs also are entitled to compensatory and consequential
damages resulting from Defendants' misconduct.
160. Defendants have acted knowing that they would deprive Plaintiffs of access to
and use of their rightful property. Defendants' acts were therefore willful, wanton, malicious
and oppressive and justify an award of compensatory and punitive damages in an amount to be
determined at trial.
30
COUNT VII
Unjust Enrichment
160 as if fully stated herein.
162. Defendants have wrongfully taken and are in possession of the Unfinished Giant
Polaroids and the completed Works, ~ well as unauthorized copies thereof, and they have
wrongfully benefitted through possession and sales of such works.
163. As a direct and proximate result of Defendants' wrongful taking, possession and
sale of these artworks, Defendants have been unjustly enriched to Plaintiffs' detriment.
164. To allow Defendants to retain the benefits they obtained from their wrongdoing
would unjustly enrich Defendants at Plaintiffs' expense. As the rightful owners of the
Unfinished Giant Polaroids and the completed Works, including unauthorized copies thereof,
Plaintiffs are entitled to a return of the works and compensatory and consequential damages,
including any and all proceeds obtained from the sale of those works.
165. As a result of Defendants' actions, Plaintiffs are entitled to and demand judgment
as against Defendants in an amount to be determined at trial and the return of the Unfinished
Giant Polaroids and the completed Works, including unauthorized copies thereof.
DEMAND FOR A JURY TRIAL
Under Federal Rule of Civil Procedure 38, Plaintiffs respectfully request a trial by jury on
all claims so triable.
31
REQUEST FOR RELIEF
WHEREFORE, Plaintiffs Peter Beard, Nejma Beard, and Peter Beard Studio, LLC
respectfully request that the Court enter a judgment awarding Plaintiffs: (1) an injunction
ordering the return to Plaintiffs of the Unfinished Giant Polaroids and the completed Works, as
well as any copies thereof; (2) an injunction prohibiting the unauthorized copying of the
Unfinished Giant Polaroids or the completed Works; (3) compensatory and consequential
damages, including without limitation damages as Plaintiffs have sustained in consequence of
Defendants' infringements of the copyrights in the Registered Works, and to account for and pay
Plaintiffs all of Defendants' profits attributable to such infringements; or, alternatively, as
Plaintiffs may elect, that Plaintiffs be awarded such statutory damages as the Court may find just
because of Defendants' willful acts of infringement; (4) punitive damages in an amount to be
determined at trial by virtue of Defendants' willful and intentional tortious misconduct;
(5) reasonable attorneys' fees, costs, expenses, and disbursements associated with this action;
and (6) such other relief as the Court deems just and proper.
Dated: September 30, 2014
New York, New York
GROSSMAN LLP
B. Grossman, Esq.
ark A venue 1Oth Floor
New York, New York 10022
jgrossman@ grossmanllp.com
(646) 770-7445
Attorneys for Plaintiffs Peter Beard,
Nejma Beard and Peter Beard Studio, LLC
32
EXHIBIT A
9/29/2014 WebVoyage Record View 1
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Public Catalog
Copyright Catalog ( 1978 to present)
Search Request: Author= Beard, Peter, 1938-
Search Results: Displaying 5 of 6 entries
Peter Beard (revised and updated editions)
Type of Work: Text
Registration Number I Date: TX0007353282 I 2010-04-28
Application Title: Peter Beard (revised and updated editions)
Title: Peter Beard (revised and updated editions)
Description: Book, 2 v.
Copyright Claimant: Peter Beard, 1938-. Address: 205 West 57th Street #2B, New York, New York,
10019, United States.
Date of Creation: 2008
Date of Publication: 2008-11-01
Nation of First Publication: Germany
Authorship on Application: Peter Beard, 1938-; Citizenship: United States. Authorship: text/poetry, editing,
compilation, 2-dimensional artwork, photography.
Alternative Title on Application: Peter Beard
Previous Registration: 2006, TX 6-417-085.
Pre-existing Material: Previous edition of book registered.
Basis of Claim: photography, 2-dimensional artwork, compilation, editing, text.
Rights and Permissions: Peter Beard, 205 West 57th Street, #2B, New York, NY, 10019, United States,
(212) 757-3320, nejma@peterbeard.com
ISBN: 9783836508773
Names: Beard Peter. 1938-
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Peter Beard.
Registration Number I Date: TX0006417085 I 2006-12-15
Title: Peter Beard.
Copyright Claimant: Peter Beard, 1938-
Date of Creation: 2006
Date of Publication: 2006-11-15
Basis of Claim: New Matter: compilation, photos, artwork, ilL & certain texts.
Copyright Note: C.O. correspondence.
Cataloged from appl. only.
Names: Beard. Peter. 1938-
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EXHIBITB
9/29/2014
Entity Information
NYS Department of State
Division of Corporations
Entity Information
The information contained in this database is current through September 26, 2014.
Selected Entity N arne: NATALIE V. WHITE, LLC
Selected Entity Status Information
Current Entity Name: NATALIE V. WHITE, LLC
DOS ID #: 4478331
Initial DOS Filing Date: OCTOBER 28, 2013
County: NEW YORK
Jurisdiction: NEW YORK
Entity Type: DOMESTIC LIMITED LIABILITY COMPANY
Current Entity Status: ACTIVE
Selected Entity Address Information
DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)
ATTN: MS. ELIZABETH FEKKAI
121 EAST 23RD STREET, APT 7-D
NEW YORK, NEW YORK, 10010
MS. ELIZABETH FEKKAI
121 EAST 23RD STREET, APT 7-D
NEW YORK, NEW YORK, 10010
Registered Agent
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EXHIBITC
I
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i
,
AGREEMENT FOR
PRODUCTION AND OWNERSHIP OF GIANT POLAROID PHOTOGRAPHS
W I TN E S S E T H:
WHEREAS, Beard and White have agreed to collaborate in connection with a certain
photography shoot (the "Shoot") for the production of between fifty (50) and ninety(90)
original Giant Polaroid images (collectively, the "Works", and each a which Works will
subsequently be hand worked by Beard in a style and artistic manner consistent \Vith his
worked Giant Polaroid images; and
\ ----
WHEREAS, the parties hereto desire to set forth their agreement with respect to the
Shoot and the subsequent production and sale of the Works.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Beard hereby authorizes and directs White to arrange a Giant Polaroid shoot for the purpose of
producing the Works. The Shoot is presently scheduled for the week . .
.. .. '"-"' :e (,;,. - ,. .. - - - - - - ....., ..
2. In consideration for the agreement by Beard to sell and transfer rights to the Works as herein
provided, White has agreed to pay all direct out-of-pocket associated with the Shoot, including,
without limitation, studio costs, model fees (if any), production costs (including hair and
makeup), studio rental fee, Giant Polaroid film, and other costs directly associated with the
Shoot. Except as expressly set forth herein. Beard will not be paid a fee or any other
compensation for his services under this Agreement. The parties hereto understand that models
for the Shoot wiH also not be paid a separate fee, but shalleach receive one (1) fully hand
worked Work in full compensation for their appearance and participation in the Shoot.
3. (a) Following the Shoot, Beard shall arrange for the processing, production .. printing and
personal hand working of the Works. The parties agree that up to 25 of the Works produced by
Beard (the exact number to be determined by White)shaH be given without cost to parties
associated with the Shoot as determined by White in her sole discretion including, without
limitation, models for the Shoot and Natalie White herself for having organized and underwritten
the Shoot.
(b) All additional Works shall be consigned to White pursuant to the terms of this Agreement
for a period of ten ( 1 0) years from the date of the Shoot for resale by White. The parties agree
that Beard shall receive the sum of$18,.000 for each ofthe 25 Works sold by White (after
, __ - . _. - > .'.', Jt : .;.;. ... ,::..;
1
distribution of up to 25 Works pursuant to 3(a) above), and following the sale of such 25 Works,
Beard shall receive sixty percent (60%) of the proceeds from the sale of any additional Works;
provided, that White shall have the right at any time during such ten (I 0) year consignment
period to purchase any Work from Beard for $18,000.
(b) Beard agrees to sign each finished Work on the front and back of such Work and, upon
request by White, to (i) have himself photographed with each such Work to document the
authenticity ofsuch Work, and (ii) have the authorized Peter Beard Studio stamp affixed to each
Work. Beard agrees to use all reasonable efforts to complete all Works within six (6) months
following the Shoot. Beard shall deliver to White each finished worked Work as and when it is
completed.
4. Beard, for himself, his successors, his heirs, and his assigns, agrees to indemnify, defend and
hold White and its members (including Natalie White personally), managers, successors, assigns,
attorneys, partners, and any subsequent purchaser or giftee from White of any
of the Works (collectively,
4
'the White Parties") hann1ess from and against any and all loss, cost,
damage, or expense (including, without limitation, attorneys' fees and expenses and court cOsts),
by reason of (i) any breach by Beard of any provision of this Agreement (including, without
limitation, Section 5 hereot), and (ii) any act or claim by any third party (including without
Nejrila Beard, Ansel Beard, Zara Beard, or Peter Beard Studio) other than a third
party acting on behalf of White,
(a) Attempting to prevent or disrupt the Shoot or to seize any Works;
(b) Attacking the ownership of Works granted to White hereunder, or the sale.or transfer
by any ofthe White Parties of any Works; and
(c) Any public disparagement of any of the White Parties.
5. Beard and White each represents and warrants that this Agreement has been duly
authorized by eaeh such party, and that no consent thereto is required of any other party
including, in the case of Beard, the Peter Beard Studiot Nejma Beard, Zara Beard, Ansel
Beard or any party affiliated therewith.
6. This Agreement shall be governed and constructed under the laws of the state of New York
without reference to principles of conflicts of laws.
7. Each party hereto agrees to keep the tenns of this Agreement strictly confidential, except as
may be required to enforce its terms (including, without limitation, the indemnification provision
set forth in Section 4 hereof); provided, that the parties may disclose the terms of this Agreement
to their respective attorneys, accountants and advisors. The terms of this section 7 shalJ.survive
the Shoot and delivery of the Works.
8. This Agreement is binding upon the parties hereto and their respective heirs, successors and
assigns. The models involved in the Shoot are expressly excluded as third party beneficiaries
under this Agreement.
9. Each party hereto agrees to execute and deliver to the other party (and, in the case of Beard,
any subsequent owner or purchaser of any of the Works) such additional documentation and take
2
such further action as the other party (or owner or purchaser of any of the Works) may
. . request in order to confirm the tennsofthis Agreement and, in the case of Beard, to
confimt,.;fue of the Works AA9Jh.e .title thereof-, transferred to Whiteand/or
_any subsequenipurchaser of any Work. : " .. . .. .. . '" -
1 0. Each party hereto acknowledges that it has been afforded the opportunity to consult
with independent legal counsel of his or her choosing in connection with the negotiation,
execution and delivery of this Agreement.
In Witness Whereof, the parties hereto hav uted this Agreement as of the date first set forth
above.
J
Peter Beard
State ofNew York)
ss:
County ofNew York)
n7ft,
On the .P..L day of October in the year 2013, before me, the undersigned, personally
appeared PETER BEARD, personally known to me or proved to me on the basis of satisfactory
evidence to be the individuaiOO whose namcOO subscribed to the within instrument and
acknowledged to me that he/s)re/tl}ey executed the same in and that by
on the instrument, the individual, or the person on behalf of which
the acted, executed the agreement.
State of New York)
ss:
County ofNew York)
3
--1--------
. '- . -
......... -
;.:: - - '
JULIAN M. HILL -
NOTARY PUBLICSTATE OF NEW YORK.-- ...
No. 01 Hl6233785
Qualified In' New York County
My Commlnton Expires Oecember 27. 2014
I
I ' .
On the of October in the year 2013, before me, the undersigned, personally
appeared NATALIE WHITE, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual{11' whose name<1' is ( 8jl) subscribed to the within
instrument and to me that executed the same in
and that by qmtherttl}{ir signature}s5 on the instrument, the or the
person on behalf of which the individual acted, executed the agreement.
...
......
' . .
-.
JULIAN M. HILL -"':" . : ....._
NOTARY PUBLIC-STATE OF NEW YORK-: .. -- .. ,..:..:..._ .= :_: ::
No. 01 HJ6233785 ... .
Qualified tn New York County .
Mv Commission Expires December 21, 2014
4
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EXHIBITD
.: __.
: .. -
AGREEMENT FOR
PRODUCTION AND OWNERSHIP OF GIANT POLAROID PHOTOGRAPHS
l'NmtemLoer 14,2013, by and
'""LI'Aft,..,.,., ancl"Nl:ltiUie''l'.' York limited liability
W I TN E S S E T H:
WHEREAS, Beard and White have agreed to collaborate in connection with a certain
photography shoot (the "Shoot") for the production ofbernreen one hundred (1 00) and rnro
hundred (200) original Giant Polaroid images (collectively, the "Works", and each a "Work")
which Works will subsequently be hand worked by Beard in a style and artistic manner
consistent with his past worked Giant Polaroid images; and
WHEREAS, the parties hereto desire to set forth their agreement with respect to the
Shoot and the subsequent production and sale of the Works.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto hereby agree as follows:
1. Beard hereby authorizes and directs White to arrange a Giant Polaroid shoot for the purpose of
producing the Works. The Shoot is presently scheduled for the week of November 14,2013.
2. In consideration for the agreement by Beard to sell and transfer lights to the Works as herein
provided, White has agreed to pay all direct out-of-pocket associated with the Shoot, including,
without limitation, studio costs, model fees (if any), production costs (including hair and
makeup), studio rental fee, Giant Polaroid film, and other costs directly associated with the
Shoot. Except as expressly set forth herein, Beard will not be paid a fee or any other
compensation for his services under this Agreement. The parties hereto understand that models
for the Shoot will also not be paid a separate fee, but shall each recdve one (1) fully hand
worked Work in full compensation for their appearance and participation in the Shoot.
3. (a) Following the Shoot, Beard shall arrange for the processing, production, printing and
personal hand working of the Works. The parties agree that up to 25 of the first Works produced
by Beard (the exact number to be determined by White) shall be given without cost to parties
associated with the Shoot as determined by White in her sole discretion including, without
limitation, models for the Shoot and Natalie White herself for having organized and underwritten
the Shoot.
(b) All additional Works shall be consigned to .White pursuant to the terms of this Agreement
for a period of ten (1 0) years from the date of the Shoot for resale by White. The parties agree
that Beard shall receive the sum of$18,000 for each of the next 25 Works sold by White (after
1
P000004
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I
distribution of up to 25 Works pursuant to 3(a) above), and following the sale of such 25 Works,
Beard shall receive sixty percent (60%) of the proceeds from the sale of any additional Works;
that White righ! at ai1Y
period to purchase any Work from Beard for $18,000.
(b) Beard agrees to sign each finished Work on the front and back of such Work and, upon
request by White, to (i) have himself photographed with each such Work to document the
authenticity of such Work, and (ii) have the authorized Peter Beard Studio stamp affixed to each
Work. Beard agrees to use all reasonable efforts to complete all Works within six (6) months
following the Shoot. Beard shall deliver to White each finished worked Work as and when it is
completed.
4. Beard, for himself, his successors, his heirs, and his assigns, agrees to indemnify, defend and
hold White and its members (including Natalie White personally), managers, successors, assigns,
agents, attorneys, partners, affiliates, and any subsequent purchaser or giftee from White of any
of the Works (collectively, '1he White Parties") harmless from and against any and all loss, cost,
damage, or expense (including, without limitation, attorneys' fees and expenses and court costs),
by reason of (i) any breach by Beard of any provision of this Agreement (including, without
limitation, Section 5 hereof), and (ii) any act or claim by any third party (including without
limitation, Nejma Beard, Ansel Beard, Zara Beard, or Peter Beard Studio) other than a third
party acting on behalf of White,
(a) Attempting to prevent or disrupt the Shoot or to seize any Works;
(b) Attacking the ownership of Works granted to White hereunder, or the sale or transfer
by any of the White Parties of any Works; and
(c) Any public disparagement of any of the White Parties.
5. Beard and White each represents and warrants that this Agreement has been duly
authorized by each such party, and that no consent thereto is required of any other party
including, in the case of Beard, the Peter Beard Studio, Nejma Beard, Zara Beard, Ansel
Beard or any party affiliated therewith.
6. This Agreement shall be governed and constructed under the laws of the state ofN ew York
without reference to principles of conflicts of laws.
7. Each party hereto agrees to keep the tenns of this Agreement strictly confidential, except as
may be required to enforce its tenns (including, without limitation, the indemnification provision
set forth in Section 4 hereof). The tenns of this section 7 shall survive the Shoot and delivery of
the Works.
8. This Agreement is binding upon the parties hereto and their respective heirs, successors and
assigns. The models involved in the Shoot are expressly excluded as third party beneficiaries
under this Agreement.
9. Each party hereto agrees to execute and deliver to the other party (and, in the case of Beard,
any subsequent owner or purchaser of any of the Works) such additional documentation and take
such ftuther action as the other party (or owner or purchaser of any of the Works) may
2
P000005
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reasonably request in order to confirm the terms of this Agreement and, in the case of Beard, to
confirm the authenticity of the Works and the good title in fifty percent (50%) thereof being
vested in White to this Agreement.
10. Each party hereto acknowledges that it has been afforded the opportunity to consult
with independent legal counsel of his or her choosing in connection with the negotiation,
execution and delivery of this Agreement.
In Witness Whereof, the pru.ties hereto have executed this Agreement as of the date first set forth
above.
Peter Beard Natalie V. White, LLC
State of New York)
ss:
County ofNew York)
On the __ day of November in the year 2013, before me, the undersigned, personally
apperu.ed PETER BEARD, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual( s) whose name( s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by
his/her/their signature(s) on the instrument, the individual(s), or the person on behalf of which
the individual(s) acted, executed the agreement.
State of New York)
ss:
County ofNew York)
On the __ day ofNovember in the year before me, the undersigned, personally
appeared NATALIE WHITE, personally known to me or proved to me on the basis of
3
P000006
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies) and that by his/her/their signature(s) on the in:str'1.1!!tent, the tb5! _______ ----------- .. -
on-oelialrof wliiclithe individual( s )" the agreement.
4
P000007
EXHIBITE
Registered Works
Title
1 Bacon's Portrait of Peter Beard, late 1970s
-- -- ---
2 Giant Polaroid, Paula Barbieri and Diary Pages, 1986/2003
- -------- - 1-- -------
3 "Fool to Cry" Diary Page, 1978
-- -------
4 Kamante Gatura, Renguti Village near Nairobi, 1961/62
--+ -----
5 "My Poison" Diary Page, September 4-5, 1976
- ,___ ----- ----- ------ -----
6 Loliondo Lion Charge, Tanzania, 1964/2003
---------
7 Turkey Vulture, 1984/2006
--------
8 Diary Detail, Somali Ivory Poachers, Tsavo, 1978
----- ------- ----------
9 Turkana Bibi, 1960/2002
------
10 Daii/Veruschka, Living Sculpture, NY 1963
------ ----- -----------
11 Running Rhino, Serengeti, Tanzania, 1976/2006
---r- -----
12 Jenny and Her Jewelry, Montauk, 2005
I ----- ----- ----
13 Masai Lion Hunt by Charles Cottar, Serengeti, 1914
------------ -
14 Aberdare Elephants, 1966/2006
----
15 756 Elephants in Stressed out formation at the Tsavo Border, Kenya, 1976/2002
-- ----- -----
16 Kitchen Collage, Hog Ranch, 1984
---
17 Francis Bacon's Portrait of Peter Beard, 1975
----------
18 Diary Page, Seibu Show, tokyo, Prince to Imperial Hotel, April 26-27, 1978
--------- ----- ------ -----
19 "Ode to Yves Klein" Peter Beard and Zara, Montauk, 1992
1
Registered Works
Title
20 Danielle Luna on Burned Diaries, 1977/2003
--------
21 Jackie 0. Photo Lesson, Skorpios, 1971/2003
22 "Bee Beard" Diary Pages, 1962-63
23 Diary Pages with Charlotte Rampling and Friends, 1963-64
1------- - ~ ~
24 Total Quality Operation, Diary Page, 1962-63
-----
25 Investigate Accidents, Diary Page, 1962-63
~ ---
26 Serengeti Lion, 1976/2005
27 Forrest Elephants at Night, 1984
c-----
28 Zebra Rug, Lariak Estate, Laikipia, 1960/2003
-------
29 Loliondo Lion Charge, 1964
_____ ,
30 "Exiles on Main Street" from Montauk to Madison Square Garden, NY, July 1972
31 Living Sculpture, NYC, 2003
32 "Exiles on Main Street" Texas, 1972
I
33 Diary Pages by Andy Warhol, February 19-20, 1978
34 San Quentin Adjustment Center Diary Page, California, 1972
-----
35 Rolling Stones's Live Album Cover, 1972
36 Living Sculpture, Aries, 1984/2008
1-- ----
37 Elephant Population Dynamics, Murchison Falls, Kenya, Diary Page, May 1976
f-----
38 "Take That!" Diary Page, March 9, 1986
2
Registered Works
Title
39 Avril Crosby at Yale Bowl, New Haven, CT, 1959
40 Baran Woman, Marasbit Hospital, March 1968/2003
41 Beverly Johnson's Album Cover, September 4-5, 1976
--- ---
42 Janice on Diaries since the Mill Fire, NYC, 1986
43 I'll Write Whenever I can, Koobi For a, Lake Rudolf, Kenya, 1965/2004
--- ----
44 "Bringing Home the Bacon to Nej," Diary Pages, New York, 1998
------- --- ~ -----
45 Kids and Birds, Ferguson's Gulf Spit, Kenya, 1965/2001
46 Diary Collage, 1970s-1980s
47 Pages from Last Word from Paradise, 1984
48 Diary Page with lman, Larry Rivers's Studio, Southampton, NY June 15, 1978
----------------T
49 Buffalo Control at Philip Percival's, Potha, Kenya 1962
1- -----
so "Two Heads are Better than One," Diary Pages, March S-6, 1971
51 "Tokyo Memories" Diary Pages, May 20-21, 1978
--
,. ___
52 "Baby Falls into Pit Latrine," Diary Page, Hog Ranch, 1990
53 Diary Page Runaway Bay, Jamaica, January 28, 1980
------ - -------------------- -
54 "Control Severe Vomiting" Diary Pages, September 2-3, 1976
------------- ----
55 "Sentimentalisms" Diary Pages, September 1991
----
56 Planeload of "pebbleworms," Lake Rudolf, 1965
3
Registered Works
Title

57 lman in Studio l9o, Hog Ranch, Kenya, First Photographs, Ap 1975
58 Tarts" Diary Pages, 1962-63
59 PB hand print
60 Beard's Drawing of Zara, October 1988
----
61 The last Man on Earth" 7 Reece Mews, london, 1972/2004
62 Man Junior Diary Pages, 1962-63
63 Madison Square Garden from Montauk, New York, July 1972/2001
64 Richard Lindner's Monumental Woman Watercolor for Eyelids of Morning
- - -
65 Diary Pages with El Cordobes, October 26-27, 1980
66 Andy Warhol at Home in Montauk, 1972/2002
67 y" Diary Page, April 29, 1970
- -- ---
68 "A Particularly Scary Spread" Diary Pages, 1970s
, ____
-- ------
69 Machine in the Garden, Tsavo, 1972-73
I
70 Ode to the Peace Corpse, Alia Bay, lake Rudolf, 1965-2007
I
---
71 Magritte Ramme and World Record Cow Ele Tusk, c. 47 Jbs., Montauk, 1976/2004
----- ------------ --------
72 Kids and Croc, 1965/2008
4
Registered Works
Title
73 Rothschild's Giraffes, Uganda, 1966/1977
---
74 Hunting Cheetahs in the Taru Desert, June 1960/2002
75 15'er, Ferguson's Gulf, Lake Rudolf, 1968/2002
......
76 Snows of Kilimanjaro, 1984/2008
77 Under the Snows of Kilimanjaro (Mountain of Caravans), 1984/2011
!- -
78 The Jaggers Waterskiing on Lake Montauk Contact Sheet, July 1972/2000

79 1ry Pages, Lake Rudolf, 1964
80 Needle Nosed Rhino, 1972/2008
____,,
81 1ry Pages Driftwood Cove, Montauk, 5 and 7,
82 Charred in Wind Mill Fire Diaries, 1977, New York, 2005
----
83 Diary Page Detail with Carole Bouquet, 1978
84 Diary Page with Beverly Johnson Portrait (Collaboration with Larry Rivers) London, January 21, 1976
-----
85 1ry Plus Extras" 1978/2013
86 Spitting Cobra, Tsavo, June 1960/2004
87 Diary Pages with Francis Bacon's Glove, April9-10, 1976
t--- ---
88 Lion at Night, Glen Cottar's, Masai Mara, 1984/2005
89 Giant Polaroid of Sabrina of Belgium, New York, January 22, 1997
5
Registered Works
Title
90 Giant Polaroid, Jenna De Rosnay, New York, January 1997
~ ~ - - - -
91 "Happy New Year," Diary Page, San Quentin Gas Chamber, 1972
~ - - ~ - --
92 Francis Bacon's Portrait of Peter Beard, 1975, and Masai Moran, 1984
~ ~ - ~ - - ~ - - - -
93 "Sacrifice the Bull" Diary Pages, Sept 19-20, 1991
- ~ ~ ~ ~ ~ - -
94 SX-70s, Convalescing by the lV, October 1996
- ~ ~ -
95 Julie Foster, Chadd's Ford Inn, Pages, Delaware, January 26-27, 1988
-- --- - ~
96 Detail of Diary Pile (Since 1977), 2005
~ - - - - - ~ - - ~ - - -
97 Wild dog at Ndutu/Serengeti, 1976
~ ~
98 National Gallery of Art, Washington, D.C., Diary Pages, June 24-25, 1980
- - ~ - - ---- ----
99 Chicago to Montauk, Diary pages, July 1-2, 1 ~ 7 8 __
100 Water Fowl, Montauk, 2005
~ ~ ~ -
101 "Heart Attack City/dead ele 1ry/Tsavo," 1972/2000
102 "Eye Wound" Diary Page, April 6, 1984
~ ~ - ~ --
103 Loose Diary Pages, 1978
104 Eye for Living Sculpture," Diary Pages, 1961-84/1990
105 Yale-Kenya Diary Pages, 1962-63
6
Registered Works
Title
106 Francis Bacon at 7 Reece Mews, london, 1972/2005
r---
107 Diary pages with "Man Ray lips," April1-2, 1988
--------- - ----
108 Rest in Peace, Tsavo, 1971/2001
109 Veruschka Rhino Diary Pages, 1964/2011
110 Diary Page with Charlotte Ram piing and Friends, 1963-64

111 "Total Quality Operation" Diary Page, 1962-63
----- --- ------
112 lyndon B. Johnson and Jacqueline Kennedy Diary Pages, Sept 20-21, 1976
---- -----------
113 lion Pride, near Ndutu, South Serengeti, Tanzania, 1976/2004
----r-
114 105lbs. Per Side Bull Elephant Shot by roy Holmes, Kenya, 1955
------
115 Turkana Toto, lodwar, Kenya, 1964
-----
116 Francis Bacon at 80 Narrow Street, Collage and Contact Sheet Detail, 1972/2005
-------
117 Karen Blixen, Ramses, Kikuyu Chief, 1962
------
118 "Dead Ele Double Exposure," Diary Page, Tsavo, 1972-73
------- ----
119 Opening Spread, 1961-62 Diary
-----
120 "Pours Out His Heart," Diary Pages, 1961-62
121 Darajani Rhino Roping, Tsavo, 1964
----------,
122 Diary Page with Khadija, 1985
123 "Bicentennial Boobs for Tom Wesselmann," 1ry Page, Dec 3, 1986
124 "Crying Boy," Diary Page, March 31-April1, 1986
----
7
JUDGE BRODERICK
The JS44 eM I cover sheet and the ,., 2014
JS 44C/SDNY
REV. 4/2014
pleadings or other papers as required by law, except as provided by local rules of court. This
Judicial Conference of the Un1ted States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.
PLAINTIFFS DEFENDANTS
Peter Beard, Nejma Beard, and Peter Beard Studio, LLC Natalie White and Natalie V. White, LLC
ATIORNEYS (IF KNOWN) ATIORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Grossman LLP, 405 Park Avenue, 10th Floor, New York, New York, 10022 CUTI HECKER WANG LLP, 305 Broadway, Suite 607, New York, New York
10007
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Claims, including copyright infringment under 17 U.S.C. Section 106, for injunctive and monetary relief.
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNYat any time? N8esC1udge Previously Assigned
If yes, was this case Vol. 0 lnvol. 0 Dismissed. No 0 Yes 0 If yes, give date----------& Case No. ---------
Is THIS AN INTERNATIONAL ARBITRATION CASE7 No 0 Yes 0
(PLACE AN [x] IN ONE BOX ONLY)
CONTRACT
[ 1110
[ ]120
[ 1130
! I 140
! I 150
[ 1151
! 1152
[ ]153
! I 160
[)() 190
[ I 195
INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
[ 1196 FRANCHISE
REAL PROPERTY
[ I 210 LAND
CONDEMNATION
[ 1220 FORECLOSURE
[ I 230 RENT LEASE &
EJECTMENT
[ ] 240 TORTS TO LAND
[ I 245 TORT PRODUCT
LIABILITY
[ I 290 ALL OTHER
REAL PROPERTY
TORTS
PERSONAL INJURY
[ ]310 AIRPLANE
[ ]315 AIRPLANE PRODUCT
LIABILITY
[ I 320 ASSAULT, LIBEL &
SLANDER
[ I 330 FEDERAL
EMPLOYERS'
LIABILITY
[ I 340 MARINE
[ I 345 MARINE PRODUCT
LIABILITY
[ I 350 MOTOR VEHICLE
[ I 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ I 362 PERSONAL INJURY -
MED MALPRACTICE
ACTIONS UNDER STATUTES
CIVIL RIGHTS
[ I 440 OTHER CIVIL RIGHTS
(Non-Prisoner)
[ I 441 VOTING
[ 1442 EMPLOYMENT
[ I 443 HOUSING/
ACCOMMODATIONS
[ I 445 AMERICANS WITH
DISABILITIES -
EMPLOYMENT
[ I 446 AMERICANS WITH
DISABILITIES -OTHER
[ I 448 EDUCATION
Check if demanded in complaint:
D
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
NATURE OF SUIT
PERSONAL INJURY FORFEITURE/PENALTY
[ I 367 HEAL THCARE/
PHARMACEUTICAL PERSONAL [ ]625 DRUG RELATED
INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY
[ ]365 PERSONAL INJURY 21 USC 881
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL [ ]
690
OTHER
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ ] 371 TRUTH IN LENDING
[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ 1463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 usc 2255
[ ] 530 HABEAS CORPUS
[ ]535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER
PRISONER CIVIL RIGHTS
[ I 550 CIVIL RIGHTS
[ I 555 PRISON CONDITION
[ ]560 CIVIL DETAINEE
LABOR
[ ]710 FAIR LABOR
STANDARDS ACT
[ ]720 LABORIMGMT
RELATIONS
[ ]740 RAILWAY LABOR ACT
[ 1 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION
[ I 791 EMPL RET INC
SECURITY ACT
IMMIGRATION
[ ]462 NATURALIZATION
APPLICATION
[ I 465 OTHER IMMIGRATION
ACTIONS
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
BANKRUPTCY
[ I 422 APPEAL
28 usc 158
[ 1 423 WITHDRAWAL
28 usc 157
PROPERTY RIGHTS
[ I 820 COPYRIGHTS
[ ]830 PATENT
[ ] 840 TRADEMARK
SOCIAL SECURITY
[ ]861 HIA (1395ff)
[ ] 862 BLACK LUNG (923)
[ ]863 DIWC/DIWW (405(g))
[ ] 864 SSID TITLE XVI
[ ]865 RSI (405(g))
FEDERAL TAX SUITS
[ ]870 TAXES (U.S. Plaintiff or
Defendant)
[ ]871 IRS-THIRD PARTY
26 usc 7609
OTHER STATUTES
l
]375 FALSE. CLAIMS
]400 STATE
REAPPORTIONMENT
[ ]410ANTITRUST
[ ] 430 BANKS & BANKING
[ ] 450 COMMERCE
[ ]460 DEPORTATION
[ ]470 RACKETEER INFLU-
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ]480 CONSUMER CREDIT
[ ]490 CABLE/SATELLITE TV
[ I 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ]890 OTHER STATUTORY
ACTIONS
[ ] 891 AGRICULTURAL ACTS
[ ]893 ENVIRONMENTAL
MATIERS
[ I 895 FREEDOM OF
INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ]950 CONSTITUTIONALITY OF
STATE STATUTES
THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
DEMAND $over $75,000 OTHER Injunction
JUDGE _______________________
Check YES only if demanded in
JURY DEMAND: r&J YES l..NO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
(PLACE AN x IN ONE BOX ONLY)
[B]1 Original
Proceeding
D 2 Removed from
State Court
00 a. all parties represented
b. At least one
party Is pro se.
D 3 Remanded
from
Appellate
Court
ORIGIN
0 4 Reinstated or
Reopened
0 5 Transferred from 0 6 Multidistrict
(Specify District) Litigation
0 7 Appeal to District
Judge from
Magistrate Judge
Judgment
(PLACEAN x INONEBOXONLY) BASIS OF JURISDICTION
0 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT 00 3 FEDERAL QUESTION 04 DIVERSITY
(U.S. NOT A PARTY)
IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.
CITIZENSHIP OF PRINCIPAL PARTIES {FOR DIVERSITY CASES ONLY)
(Place an [XJ in one box for Plaintiff and one box for Defendant)
PTF DEF
CITIZEN OF THIS STATE
PTF DEF
[ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
[] 3 [ ]3 INCORPORATED and PRINCIPAL PLACE [] 5 [ ]5
CITIZEN OF ANOTHER STATE [] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ] 4 [ ]4
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Peter Beard, Nejma Beard, Peter Beard Studio, LLC
c/o Grossman LLP
405 Park Avenue, 1Oth Floor
New York, New York 10022 {New York County)
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Natalie White, Natalie V. White, LLC
c/o CUTI HECKER WANG LLP
305 Broadway, Suite 607
New York, New York 10007 {New York County)
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION [ ]6 [] 6
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESit;ENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO: 0 WHITE PLAINS
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
[B] MANHATTAN
COMPLAINT.)
DATE 9/30/2014
RECEIPT# a .
ADMITTED TO PRACTICE IN THIS DISTRICT
[]NO
[)(J YES (DATE ADMITTED Yr. 2007
Attorney Bar Code# 4447991
Magistrate Judge is to be designated by the Clerk of the Court.

Ruby J. Krajick, Clerk of Court by _____ Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
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