Doc. Johnson v. Hosp. To prevail on a claim for tortious interference with an existing contract, a plaintiff must show "(1) an existing contract subject to interference, (2) a willful and intentional act of interference with the contract, (3) that proximately caused the plaintiff's injury, and (4) caused actual damages or loss." 3, Cooper Aff. But the Court's analysis as to Harvey's misappropriation claim turns upon Cooper's defense under section 29 of the Restatement (Third) of Unfair Competition. 301:8-304:10; id. In 1993, Defendant Broderick Steven "Steve" Harvey ("Harvey") hired Defendant Joseph Cooper ("Cooper") to tape performances at Harvey's Dallas, Texas, comedy clubthe Steve Harvey Comedy House ("Comedy House"). 32 (citing Doc. the purported Video Contractdo not actually convey copyrights to Cooper. Civ. 's Objs. 3. App.-Houston [14th Dist.] Moving on, the Court examines whether summary judgment is appropriate on Cooper's request for a declaratory judgment. Harvey says Cooper has no contract with MVD, or any other entity for that matter, meaning no agreement exists with which he could have actually interfered. Doc. 29 (citing Doc. 163, Def. And Jackson Archer, son of Roos legend Glenn, made his debut last season and is priming himself a breakout 2023. 151, Cooper MSJ. JANE J. BOYLE UNITED STATES DISTRICT JUDGE. App.Corpus Christi 1991, writ denied) (citations omitted); see also Aurora Nat. 13, Cooper Dep. Element 2: Conscious desire to prevent a relationship or knowledge that conduct was certain/substantially certain to result in interference. Amy Cooper, White Woman Who Called Police On Black Bird-Watcher, Has Charge Dismissed. 2007, no. Id. But this leaves out some important context. Harvey next argues that he is entitled to a permanent injunction. Harvey accordingly characterizes Cooper's behavior as "a campaign to essentially extort, coerce, and embarrass [him]." Prac. Generally, "[i]f [a] contract can be given a 'certain or definite legal meaning or interpretation, then it is not ambiguous.'" Id. . For the following reasons, the Court DENIES Plaintiff's Motion and GRANTS in part and DENIES in part Defendant's Motion. 2, Harvey Aff. Original videotapes remain the exclusive property of [Cooper]." 2, Cooper Aff. A talented teenage athlete and son of an AFL great has been arrested after allegedly 'digitally raping' a 14-year-old girl who was passed out at a party. Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99, 106 (5th Cir. Specifically, Harvey argues that Cooper has not pointed to an actual contract with which Harvey could have interfered. A. Cooper's Motion for Partial Summary Judgment. The laches period begins to run "when the plaintiff knew or should have known of the infringement." The Manhattan district attorney dropped a charge against Amy Cooper, above, for calling police on a Black man . Corp. v. Tenn. Gas Pipeline Co., 925 S.W.2d 565, 574 (Tex.1996)). See Fed. 801(d)(2). at 1. The charge of sexual assault by restraint stems from an incident in . 66-93, Expert Rep't of Scott A. Varnes, CPA, CFF, CGMA, Dec. 3, 2015). At his Manhattan Criminal Court arraignment Wednesday . 154, Harvey MSJ 22-23. in negotiating any type of entertainment contracts." This Court cannot say whether either predominated and, in turn, how likely a deal between Cooper and MVD would have been absent Anderson's comments to Golland or Seaman. Harvey objects to the Court considering portions of Cooper's affidavit. & Rem. 162, Cooper Resp. Doc. tortious interference with prospective business relations." Current Stock High quality used cars at competitive prices Harvey Cooper is a car dealership based in Ripon, North Yorkshire, which specialises in high-quality used vehicles from the most sought-after manufacturers. 12-14. Cooper alleges that the behavior that supposedly constitutes breachAnderson's comments to Seamanoccurred in 2013, thus Texas's four-year statute of limitations on breach claims does preclude Cooper's cause of action here, and the Court turns to the claim's elements. Mar. 19 (citing Doc. 2009) (citations omitted). As a side note, the Court notes that Harvey seems to believe Cooper is bringing a separate breach claim for Harvey's purported failure to abide by the 1998 state court agreement. See Doc. Review Servs., Inc., 29 S.W.3d 74, 80 (Tex. 124); and (4) Harvey's Motion for Partial Summary Judgment (Doc. In re Mem'l Hermann Hosp. As a preliminary matter, Harvey argues that Texas's four-year statute of limitations bars this cause of action entirely. Fed. & Rem. It was . While Harvey contests most of this tort's other elements, he does not address this one. Civ. and Affirmative Defs., Countercls., and Req. Here, that is precisely the case. 3:15-CV-1225, 2015 WL 4750786, at *2 (N.D. Tex. . Co., 899 F. Supp. The 2019 Writing Prize will be given to a student who has written an exemplary essay or research paper on an American subject . In support, Harvey cites Seaman's deposition, where Seaman, when asked if he would have entered into the agreement if his company's counsel had not talked to Anderson, said, "It's hard to say. Co. of Am. Rather, he only mentions this incident in his Motion for Partial Summary Judgment, where he stated that "Harvey agreed to provide 'five exemplars if found,'" and that "[n]o exemplars were found or produced." 13-CV-2175, 2014 WL 4555659, at *8 (N.D. Tex. 3, Cooper Aff. 163, Def. 53-54 [hereinafter Harvey App. Restraining Order and Temp. to [him] for use as study material." Doc. For this reason, there exists a genuine issue of material fact as to whether Harvey signed the document, and thus whether there is actually a valid, enforceable contract. Id. For his part, Cooper says he agreed to tape performances at the Comedy House in return for: (1) "$2,000, plus taxes, in installments"; (2) "designation as the exclusive official videographer of the Comedy House"; (3) "the rights to use the original tape and/or reproductions for display, publication or other purposes"; and (4) "ownership of the original videotapes." 136, Order 3. at 2-3, and again in 2013, when Harvey tried to stop him once more. A plaintiff bringing a tortious interference with prospective business relations claim mustin addition to all of the aboveshow that he suffered an actual loss, and that the defendant's tortious interference proximately caused it. The alleged assault was filmed and posted on a social media app, police say. 154, Harvey MSJ 21 (citing Doc. Because Cooper is a private citizen, the third and last element the Court must examine is whether Harvey acted with negligence regarding the truth of his statement. Id. at 13 (citing Doc. So, you know, typically if I don't feel good about something, I don't do it. In short, Harvey suggests he had an exclusive copyright interest in the tapesand, thus, either a legal right or a good-faith claim to a legal rightthat permitted him to contact MVD. It is not entirely clear whether Harvey argues that Cooper cannot show Harvey's actions proximately caused his damages. 163, Def. 's Resp. These arguments are somewhat difficult to follow, but Cooper seems to suggest there is a "[l]ack of foundation for [Harvey's] offered opinion as to where [one would] normally sign a legal document"; a "[l]ack of expertise for [Harvey's] offered opinion as to where [one would] normally sign a legal document"; and, further, that Harvey's opinion constitutes "[an] [i]nadmissible opinion as to where [one would] normally sign a legal document," given it is outside of his "designated expertise." Both summary judgment motions are now ready for review. Dubbed the "First Lady of Radio," Harvey's sixty year career in radio transformed American radio and television news format. In determining whether a genuine issue exists for trial, the court will view all of the evidence in the light most favorable to the non-movant. To show he was justified in interfering with Cooper's negotiations, Harvey points to his own affidavit, arguing that any contact with MVD was "merely to protect his exclusive copyright interests" in the tapes, and that Cooper cannot show that Harvey did not have a legal right to assert these purported rights. If the movant on summary judgment bears the burden of proof on a claim or defense, he must produce evidence that establishes "beyond peradventure" the elements of that claim or defense. 40. 6, 11. Earlier that day, an injured Cooper's Hawk found himself a safe space to wait out the storminside a Lone Star taxicab. a. 83; (3) laches, id., and (4) statute of frauds, id. View the profiles of professionals named "Harvey Cooper" on LinkedIn. September 20, 2016 / 10:40 PM / CBS Chicago. 162, Cooper Resp. Harvey maintains that, because a court can consider "surrounding facts and circumstances, . Therefore, this defense fails, and the Court moves on to the next element of the claim. 4, Harvey Aff. D.O.B: 12-07-2004. Harvey does not address the fourth element of a breach of contract claimPlaintiff's damagestherefore the Court does not consider it. 154, Harvey MSJ 9 (citing Doc. The teenager, who is alleged to have helped film the assault on a mobile phone, is understood to have been warned his sporting pursuits could be affected if found guilty. Harvey objects to the Court considering portions of Harvey's First Amended Response to Requests for Admission and Interrogatory, based on the fact that these responses are hearsay and, alternatively, irrelevant. 162, Cooper Resp. Walterboro Police responded at approximately 1:40 a.m. to the Waffle House, located in the 1600 block of . 152-1, Cooper App. 154, Harvey MSJ 20 (citing Doc. Cooper Harvey - son of North Melbourne legend and AFL games record holder Brent - has enormous shoes to fill if he is to follow in the footsteps of his father. Harvey moves to exclude paragraph twenty of Cooper's affidavit because it is hearsay, conclusory, and/or an improper legal conclusion. 162, Pl. Compl. 3 (discussing Doc. Corp., No. Cooper's father Brent played 432 games in the blue and white, setting the AFL games record in the process. 12-13. Harvey, for his part, does not mention the YouTube incident in his Motion, but concedes that Anderson spoke to MVD's counsel, Michael Golland ("Golland")though Harvey insists Anderson never threatened legal action. 165, Harvey Resp. Get to know North Melbourne's fourth and final selection of the 2022 AFL Draft, Cooper Harvey. . 's Objs. Latimer v. Smithkline & French Labs, 919 F.2d 301, 303 (5th Cir. Thus, he alleges that he owns the rights to the tapes, and that Harvey improperly prevented him from selling and/or distributing them. (citing Reagan v. Guardian Life Ins. 2016) (internal citations and quotation marks omitted). Brent left a permanent legacy at North Melbourne, and now Cooper will have the opportunity to etch his own name into the club's storied history. Civ. of Cooper's Mot. For the reasons discussed above, see Part III(B)(3)(iii)(a), the Court finds Cooper has adequately pled that (1) Harvey published a statement that was (2) defamatory to Cooper. Vincent Harvin charged of one count of murder of Walter Glen and two counts of attempted murder in 1990. He also moves to exclude paragraphs 3, 4, 6, 9, 11-16, 18-19, 20, 27, 29, 31, 33-34, and 39-41. . 123, Def. 1996)). Id. Safari Club, Inc., No. 6). 4, Harvey Aff. See Doc. . [hundreds of] pages of appendices in search of facts that support the plaintiff's legal argument. 162, Cooper Resp. All said, Harvey's evidence has not alleviated the contract's ambiguity, therefore summary judgment is inappropriate. Id. The fact that a contract is terminable at will, however, "is no defense to an action for tortious interference with its performance." Published: Aug. 13, 2021 at 10:03 PM PDT. See Doc. . Accordingly, the Court cannot conclude that Harvey suffered undue hardship, so his laches defense fails, as well. 4. Cooper's Declaratory Judgment Request. v. Cont'l Nat. 's Objs. Looking at Cooper's deposition, it does appear that, between 1994 and 1997, he did not try to exercise any right he may have had to sell the videos. 48-51; and (3) tortious interference with prospective business relations. Former Harvey Park District official Dionne Cooper faces new government theft charges, alleging she made personal purchases with Park District debit card. Prac. This Court does not reach the substance of Cooper's arguments, however, because Cooper fails to comply with the Court's procedural requirements for filing summary judgment motions, namely that parties must cite to specific pages of their appendices to support their assertions. R. Civ. Code 16.003 governs, but it applies only to "specific performance of a contract for the conveyance of real property." Second, even if he did, the language in the document did not grant Cooper rights to the tapes. Harvey B. Cooper has counseled large and small businesses on a variety of issues since starting at AKC Law in 1976. adopted, 2013 WL 1926375 (N.D. Tex. Brassel, a longtime coach with the Harvey Colts youth football team, and Cooper, his assistant, were shot to death on April 20, 2011, in the home they shared in the 15100 block of South Myrtle . in order to find out the intention with which words are used," this Court may examine the circumstances surrounding the purported contract. 156-1, Harvey App. Doc. See Universal Am. Williams v. Davis, No. The Court also notes that neither Cooper nor Harvey have complied with Local Rule 7.2(c), which limits the length of supporting briefs to twenty-five pagesand reply briefs to ten pagesabsent express permission of the Court. Under the Restatement (Second) of Torts: b. Doc. He says these all make it clear that "Harvey would never agree to give away all of his exclusive rights to prepare and sell his derivative works - for free." According to him, this agreement is memorialized in a "signed . As to Harvey's point that the deposition was taken in violation of FRCP's rules on cross questions, again, he does little to elaborate, so, again, the Court will not consider this objection. 136, Order). 161, Pl. Id. Having effectively put forth no evidence to support summary judgment on any of his claimsfor which he clearly bears the burdenthis Court DENIES Cooper's Motion for Partial Summary Judgment in its entirety. If Harvey can show no reasonable jury could find for Cooper on one of these elements, then Cooper, by definition, cannot establish his claim, and the Court must rule in Harvey's favor. Next, Harvey says that Cooper cannot prove breach because he never granted Cooper ownership rights to the tapes, meaning he could not have breached the contract. 7. 398-CV-1938, 1999 WL 787402, at *7 (N.D. Tex. 10; Doc. 5-6 (citing Doc. 154, Harvey MSJ 19 (citing Doc. . 's Original Pet. Bryant said they had consensual sex. . 95-96, Golland Dep. Thus, the Court must determine whether Cooper has stated either an actionable defamation or business disparagement claim. Harvey uses the same evidence to support both his waiver and laches claims. Boundy v. Dolenz, 87 F. App'x 992 (5th Cir. In addition to moving for summary judgment upon all of Cooper's claims, Harvey also moves for summary judgment upon his own affirmative defenses, starting with waiver and laches. In other words, the question is whether Harvey "knew or should have known [his] defamatory statement was false." . Though Cooper objects to a portion of paragraph twenty-two of Harvey's affidavit, he does not object to the relevant language"Any arrangement that [MVD] had with . The son of the North Melbourne legend will feature for Vic Metro. Cooper argues that Harvey ignores the "undue prejudice to the defendant" element herespecifically, he says that Harvey offered no evidence of undue hardship when he responded to Cooper's interrogatory on this point. See Note 40. See Doc. 1981, no writ); Bergman v. Oshman's Sporting Goods, 594 S.W.2d 814, 816 (Tex. Through his eight games with the Northern Knights in the NAB League this season, Harvey managed 20.1 disposals and three inside-50s per game and in his final three matches he averaged 25.7 disposals, 11.3 contested possessions, six clearances and 0.7 goals. LOS ANGELES (AP) A Los Angeles judge on Thursday sentenced Harvey Weinstein to 16 more years in prison after a jury convicted him of the rape and sexual assault of an Italian actor and model . See generally Doc. 's Second Set of Interrogs. Instead, section 16.501 applies. New Century Fin., Inc. v. New Century Fin. 28; Tex. The Court's conclusion here is guided largely by its earlier analysis in Part III(B)(3)(i), where it concluded that there was a genuine issue of material fact about whether there was a reasonable probability that Cooper and MVD would have entered into an agreement, absent Harvey's alleged interference. 2006)). MVD CEO Ed Seaman's deposition is clear on this point: 3. Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 923 (Tex. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. The alleged interference generally must have induced a breach of the contract to be actionable. As to the first, Harvey alleges Cooper conceded, in his deposition, that "he has never negotiated a contract where someone gave him their copyrightable works." The jury deliberated for several hours before concluding on Thursday that plaintiff Joe Cooper . Here, Harvey argues that Cooper "has no evidence with which to establish that any conduct from Harvey's counsel "'prevented the [business] relationship [with MVD] from occurring,'" Doc. 59; and (7) exemplary damages, id. New Century Fin., 2005 WL 2453204, at *11 ("[A] finding of laches seems inappropriate on summary judgment where the parties contest several key facts. But Seaman says he "d[id] [not] know if [Harvey's counsel] threatened to sue." 28, Cooper Dep. to Pl. 127). June 26, 2001) ("[T]he existence of a fact question as to an ambiguous contract precludes summary judgment." & App. "A contract may be the subject of an interference action even though it is unenforceable between the contracting parties. 2004) (unpublished) (per curiam). and Appl. View the profiles of people named Harvey Cooper. 2000). . Compl. Published by Chicago Tribune on May 4, 2008 . The two disagree about the deal's specifics, hence this lawsuit. 2012) (internal citations and quotation marks omitted). 161, Pl. Further, Cooper's failure to fully prosecute Harvey's purported breach of the temporary restraining order does not prevent him from suing here now, as this suit relates to an entirely different breach. 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