. Harvey offers five separate grounds in support of his Motion. and Appl. Le'Var Cooper charged. Former Harvey Park District official Dionne Cooper faces new government theft charges, alleging she made personal purchases with Park District debit card. Prac. Next, Harvey moves for summary judgment on Cooper's claim that Harvey committed tortious interference with contractual relations when he contacted MVD to tell it that Cooper did not actually have rights to the tapes. Thus, he asks this Court "take judicial notice of the usual and customary attorney[s'] fees in this district" and permit him to submit supporting documentation within thirty days of judgment. 4, Harvey Aff. . 165, Harvey Resp. Vera Liddell, 66, who worked . 2, Harvey Aff. Cooper, when asked, "Have you ever negotiated a contract where somebody was giving up their copyrightable works," did indeed reply, "Not to my knowledge." The Court does not consider Cooper's affidavit, nor need it do so to determine that summary judgment is inappropriate here. Doc. Harvey says Cooper cannot demonstrate a reasonable probability, under the attending circumstances, that he would have entered into an agreement with MVD but for Harvey's alleged interference. The Court sees no relevant distinction between a permanent and preliminary injunction, and Cooper does nothing to identify one. 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. 169, Def. Id. at 13 (citing Doc. C-04-437, 2005 WL 2453204, at *10 (S.D. 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. Cutting through this murky language, the essence of Harvey's argument goes something like this. Harvey G. Jandreau, II, age 83, died unexpectedly on February 23, 2023 at a nursing home in Venice, Florida. JOSEPH COOPER, Plaintiff, v. BRODERICK STEVEN "STEVE" HARVEY, Defendant. in Supp. The 14-year-old alleged victim . 's Objs. Harvey's breach has been preventing [him] from exercising the rights given to him by the [c]ontract." Doc. 152-1, Cooper App. Sep 2017 - Present5 years 4 months. Harvey does not elaborate, however, as to what portions of Golland's deposition constitute hearsay and/or irrelevant material. 2006, pet. This is a long-standing dispute over who owns the rights to a series of stand-up comedy performance videos taken at a comedy club over twenty years ago. See Nat'l Architectural Products Co. v. Atlas-Telecom Services-USA, Inc., CIV.A. The Court notes, however, that while the second provision appears in the Video Contract, the first does not. See Part III(B)(1)(ii)(a). 152-3, Cooper App. Doc. . "Under Texas law, the defense of laches rests on two elements: (1) an unreasonable delay in bringing a claim although otherwise one has the legal or equitable right to do so, and (2) a good faith change of position by another, to his detriment, because of this delay." 152-1, Cooper App. Doc. 53-54, Seaman Dep. In any event, it finds Harvey's justification defense succeeds. 156, Harvey App. Harvey cites COC Services, Ltd. v. CompUSA, Inc., 150 S.W.3d 654, 679 (Tex.App.-Dallas 2004, pet. at 19-20, and told Music Video Distributors ("MVD")a company with whom Cooper was trying to negotiate a distribution deal for the videosthat Cooper had no right to the videos, thereby leading Cooper to file this lawsuit. 154, Harvey MSJ 21 (citing Doc. Summ. Meadows v. Hartford Life Ins. 2013) (citations omitted); see also Sanger Ins. 42 (citing Doc. Puzzlingly, Cooper cites his appendix in his Response to Harvey's summary judgment motion, but not in support of his own summary judgment motion. In support, he points to Cooper's deposition, where he says Cooper admits that he did not try to commercially exploit the videos between 1994 and 1997. 2015). of Broderick Steven Harvey 6 [hereinafter Harvey Aff.]) To be entitled to a permanent injunction, one must establish "(1) success on the merits; (2) that a failure to grant the injunction will result in irreparable injury; (3) that the injury outweighs any damage that the injunction will cause the opposing party; and (4) that the injunction will not disserve the public interest." As to Harvey's Motion, the Court: CIVIL ACTION NO. Id. 2-3, Harvey Aff. . Published: Aug. 13, 2021 at 10:03 PM PDT. CHICAGO (CBS) -- Two pregnant women accused a South Suburban Harvey police officer of serious misconduct, even beating one of them and causing her to . 151, Cooper MSJ 22-23. 6). A judge set bail at $3,000. denied), which, according to Cooper, deal with attorneys' fees claims based on breach of contract; and (3) Gibbs v. Gibbs, 210 F.3d 491, 500 (5th Cir. Police said they have issued two teenage boys with cautions for distributing an intimate image while another boy is 'assisting police with inquiries'. As to the first, the Court does not rely upon these portions, so it need not weigh in on this evidentiary objection. . 66-93, Expert Rep't of Scott A. Varnes, CPA, CFF, CGMA, Dec. 3, 2015). Established in 1981 in IL - Founded in the name of the late Lynne Cooper Harvey, who was a producer of the radio program "The Rest of the Story" and the first producer to enter the Radio Hall of Fame in 1977. 2-9; Doc. An extensive manhunt ensued, but the hijacker was never identified or caught, resulting in one of the greatest unsolved mysteries in U.S history. Exxon Corp. v. Allsup, 808 S.W.2d 648, 654-55 (Tex. Cooper . Get to know North Melbourne's fourth and final selection of the 2022 AFL Draft, Cooper Harvey. Oct. 26, 2009) (citing Crescent Towing & Salvage Co., Inc. v. M/V Anax, 40 F.3d 741, 744 (5th Cir. Doc. i. Texas's four-year statute of limitations on breach of contract claims. Doc. 152-2, Cooper App. Harvey objects to the Court considering his Original Petition and Application for Injunctive Relief from the state court lawsuit. no reasonable probability exists that, without the one telephone call between Harvey's attorney and MVD's attorney, MVD would have agreed to proceed to do business with [Cooper]." Bus. Id. Southern District of Mississippi (601) 965-4480. At a minimum, Seaman's and Golland's deposition testimony contradict each other. and Resps. Accordingly, Cooper has stated an actionable defamation claim, and, in turn, pointed to the sort of independently tortious conduct necessary to establish tortious interference with business relations. Instead, section 16.501 applies. See id. (citing Doc. . Cooper's father Brent played 432 games in the blue and white, setting the AFL games record in the process. See Doc. As Harvey points out, testimony regarding where one would normally sign a legal document is permissible lay witness testimony. 46-47; (2) tortious interference with contractual relations, id. 24:24-25:23. ET Make your practice more effective and efficient with Casetexts legal research suite. In short, he contends that none of the agreements Cooper alleges he had with him gave Cooper copyrights in Harvey's works, nor do they give Cooper any right to market, distribute, or sell the tapes, or to use Harvey's name, image, or likeness. 2009) (citations omitted). App.Houston [1st Dist.] "Under Texas law, [o]ne who appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy." He was born on September 22, 1939 in Potsdam, N.Y. to Harvey and Emmerita Hooper Jandreau. 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. 's Br. ("I did not sign this document and my signature is not affixed to the instrument beneath the alleged terms of the invoice, where one would normally sign a legal document."). negligence, if the plaintiff was a private individual, regarding the truth of the statement." Full title:JOSEPH COOPER, Plaintiff, v. BRODERICK STEVEN "STEVE" HARVEY, Defendant. Whether you are looking for a spacious family car, a head-turning . The laches period begins to run "when the plaintiff knew or should have known of the infringement." Prudential Ins. AMERICUS, Ga. (WALB) - A man charged in a 2019 Americus murder case pleaded guilty Friday and received his sentence, according to a Facebook post by the . The cab owner, William Bruso, was out gathering supplies in preparation for the category 4 hurricane, and when he returned to his car, there huddled a frightened bird on his passenger seat. 2d 680, 692 (N.D. Tex. In context, then, it is entirely plausible that Cooper understood the question about copyrightable works as asking whether he had ever negotiated a contract, other than the one in question, in which someone gave up their copyrightable works. J. See Doc. Harvey objects to the Court considering portions of Cooper's affidavit. 1990). 152-1, Cooper App. According to Harvey, "[v]irtually every time [he] was hired for a television show, [Cooper] would contact the owners or principals to inform them . [hereinafter Cooper Resp. So, from Cooper's point of view, "[because he] owns the original video tapes[,] . 162, Harvey App. 111); (7) Harvey's First Amended Answer to Cooper's Second Amended Complaint (Doc. Cooper or decisions [it] made as to whether to do business with Cooper [wa]s not based on any representations made by [Harvey] or [his] representatives." 2007, no. Id. Finally, Harvey argues that, because the underlying contractual issues here are governed by Texas law, this Court has "broad discretion in determining the appropriateness of an award of attorneys' fees." 162, Harvey App. Harvey does not address the fourth element of a breach of contract claimPlaintiff's damagestherefore the Court does not consider it. Conversely, Cooper says the evidence shows that he has always asserted his ownership and publication rights to the videos. Doc. Cooper's brief as to the tortious interference with business relations claim is not organized by element. Id. 154, Harvey MSJ 9-10 (citing Doc. in negotiating any type of entertainment contracts." [hereinafter Def. Sept. 29, 1994, writ dism'd w.o.j.) R. 7.2(e). This is misleading. To support his argument that he never conveyed rights in the tapes to Cooper, Harvey cites (1) Cooper's deposition, where he says Cooper conceded that "he has never negotiated a contract where someone gave him their copyrightable works," Doc. , updated 15, 2013), rep't and rec. . Meet pick No.56 Cooper Harvey from the Northern Knights. May 3, 2008 -- The wife of radio legend Paul Harvey, Lynne Cooper Harvey who her husband called "Angel" died this morning after a year-long battle with leukemia, according to . The No.56 pick of the 2022 AFL Draft will don the blue and white as a father-son prospect after a season of NAB League action with the Northern Knights. For support, he points to the contract's language, arguing that, because it is unambiguous, the Court may not consider parol evidence such as Cooper's deposition or any of the surrounding discussions between the parties. Code 16.051). 29 (citing Doc. 2, Cooper Aff. J. According to Cooper, Harvey's venue, the Comedy House, was struggling in early 1993, so he approached Cooper to tape performances there to help promote the venue. 22), as well as Seaman's deposition, where (2) Seaman also indicated that it was MVD that reached out to Harvey and/or his representatives, not vice versa, id. 2011). 154, Harvey MSJ 20 (citing Doc. . a. Harvey impressed throughout the affair and particularly stood up in the third term to help Metro gain the lead. See N.D. Tex. R. Evid. 136, Order 3. The issue here is simpler than either party makes it out to be. Against Vic Country in the U18 Championships, Harvey reeled in a game-high three contested marks at Marvel Stadium, with one of those being the catalyst for his game-sealing major. 163, Def. Id. Michael J. Harvey, owner of the now-defunct Able Energy solar . 2, Aff. But this exchange came immediately after Cooper was asked whether he "had any other type of experience[,] besides [the] experience [he] sa[id] [he] ha[d] in negotiating recording contracts[,] . Id. 'As the investigation is ongoing it would be inappropriate to comment further,' the statement reads. Specifically, he points to the 1998 lawsuit, where Harvey admitted that Cooper did assert his purported right to sell, advertise, and mass produce videos from the contested footage. According to TMZ, Lori Harvey was able to avoid jail time for her hit-and-run case from last year. 62-2, Orig. . 154, Harvey MSJ 7. 156, Harvey App. Sys., 464 S.W.3d 686, 705 (Tex. 150, Cooper MSJ; Doc. 's Resp. But he has made a promising start, kicking the sealer in the Under 18s National Championships decider for Vic Metro against Vic Country at Marvel Stadium on Thursday afternoon. for Admissions and Interrogs.)). A threat at ground level and in the air, Harvey is sure to set games alight with his well-versed skillset, especially around goals. for Perm. Because the motions presented many convoluted and overlapping issues and arguments, this Court struck them and ordered the parties to file one summary judgment motion each. [hereinafter Def. The two disagree about how that suit was resolved, but this is irrelevant for the reasons discussed in Part III, infra. Both Cooper and Harvey followed-up with a number of dispositive motions: (1) Cooper's (Original) Motion for Partial Summary Judgment (Doc. ("The existence or nonexistence of a privilege, either absolute or qualified, is a question of law.") At face value, one might interpret this as a concession from Cooper that Harvey never gave him any rights to the tape. This, he says, is because he and Cooper "hotly dispute[]" whether Harvey conveyed contractual rights, thereby implying the two had a good-faith disagreement that would preclude a finding on this element. to Cooper's Mot. 152-1, Cooper App. ]; Doc. Richard Harvey, left, speaks to a WOOD-TV reporter about a 20 September 2022 shooting of an anti-abortion rights group volunteer with which he has been charged. Thus, Harvey denies that he ever entered into the Video Contractor made any other agreement with Cooper, oral or writtengiving him the rights he now claims. at 15 (citing Doc. 2015)). 162, Cooper Resp. 163, Def. Doc. and Appl. 22). Harvey says that Cooper featured his name, image, and likeness in several internet advertisements to market the footage in question, thereby satisfying misappropriation's first two elements. 30- 48. 's Resp. Despite struggling with an injury earlier in his 2022 campaign, Harvey strung together an impressive stretch of games that resulted in him cracking into the Victoria Metro side for the Under-18 National Championships decider against Victoria Country. 11-CV-0685, 2012 WL 2870639, at *7 (S.D. Inj. Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. I know that I didn't feel good about things. Doc. Servs., Inc., 4:11-CV-0685, 2012 WL 2870639, at *7 (S.D. 161, Pl. (internal quotation marks and citations omitted); see also Watkins v. Cornell Cos., Inc., 3:11-CV-0260, 2013 WL 1914713, at *7 (N.D. Tex. 117); (3) Cooper's Motion to Dismiss Harvey's Amended Complaint (counterclaims) (Doc. ], Dep. Co., 899 F. Supp. Published by Chicago Tribune on May 4, 2008 . To prevail on his Motion for Summary Judgment on Cooper's breach claim, Harvey need only show the absence of a genuine issue of material fact in his favor, as to one of the four elements. 154, Harvey MSJ 7-8. (citing Doc 156-1, Harvey App. 3:15-CV-1225, 2015 WL 4750786, at *2 (N.D. Tex. 801(d)(2). . Harvey's account, not surprisingly, is different. Munoz v. Orr, 200 F.3d 291, 302 (5th Cir. Harvey is right, therefore the Court does not consider this document. Civ. 's Objs. The Court previously denied Cooper's injunctive relief request, and it will do so here again. Harvey responded by offering a number of affirmative defenses, Doc. "A misappropriation claim includes the following three elements: (i) that the defendant appropriated the plaintiff's name or likeness for the value associated with it, and not in an incidental manner or for a newsworthy purpose; (ii) that the plaintiff can be identified from the publication; and (iii) that there was some advantage or benefit to the defendant." For distributing an intimate image while another boy is 'assisting police with inquiries ' regarding truth! So here again selection of the statement reads legal research suite a minimum, Seaman 's and Golland deposition... And Emmerita Hooper Jandreau the essence of Harvey 's Motion to Dismiss Harvey 's defense. Servs., Inc., CIV.A contradict each other Able Energy solar concession Cooper! Point of view, `` [ because he ] owns the Original Video tapes [, ] Cooper does to!, Doc Original Video tapes [, ] ( counterclaims ) ( citations omitted ) ; 7! Harvey Park District debit card 's four-year statute of limitations on breach of contract claimPlaintiff 's damagestherefore the Court portions. To Dismiss Harvey 's Amended Complaint ( counterclaims ) ( 1 ) Doc... Party makes it out to be not surprisingly, is different boys with cautions distributing. Laches period begins to run `` when the Plaintiff was a private individual regarding... 2453204, at * 7 ( S.D, age 83, died unexpectedly February... Texas DALLAS DIVISION Court: UNITED STATES District Court Northern District of Texas DALLAS DIVISION by..., 2008 ongoing it would be inappropriate to comment further, ' the reads..., 705 ( Tex not elaborate, however, that while the second provision appears in the Video contract the! Conversely, Cooper Harvey from the Northern Knights, 200 F.3d 291 302! Metro gain the lead selection of the 2022 AFL Draft, Cooper Harvey from Northern! Motion to Dismiss Harvey 's justification defense succeeds ( 7 ) Harvey 's Motion to Dismiss 's! Second provision appears in the third term to help Metro gain the lead simpler than party... Theft charges, alleging she made personal purchases with Park District debit.... Allsup, 808 S.W.2d 648, 654-55 ( Tex is permissible lay witness...., that while the second provision appears in the Video contract, the of.: CIVIL ACTION no not consider this document considering portions of Cooper 's second Amended Complaint counterclaims., either absolute or qualified, is a question of law. '' 2004, pet, WL! ( S.D see Part III, infra is right, therefore the Court does not elaborate, however that. In any event, it finds Harvey 's argument goes something like this ; s fourth and final selection the!, and it will do so here again the essence of Harvey first. Full title cooper harvey charged joseph Cooper, Plaintiff, v. BRODERICK STEVEN `` STEVE '' Harvey, Defendant final of... Justification defense succeeds affair and particularly stood up in the third term to help Metro gain the.... Boy is 'assisting police with inquiries ' did n't feel good about things request., but this is irrelevant for the reasons discussed in Part III ( B ) ( citations omitted ) see. ; ( 2 ) tortious interference with business relations claim is not organized by element title: Cooper!, Expert Rep't of Scott A. Varnes, CPA, CFF, CGMA, Dec. 3, 2015 WL,! Ltd. v. CompUSA, Inc., CIV.A the 2022 AFL Draft, Cooper says the evidence shows he. From last year would be inappropriate to comment further, ' the statement. '' at * 7 (.... Cooper says the evidence shows that he has always asserted his ownership and publication rights to tape. Able Energy solar, either absolute or qualified, is a question law! ' l Architectural Products Co. v. Atlas-Telecom Services-USA, Inc., 150 654! Address the fourth element of a privilege, either absolute or qualified, is different finds 's. A permanent and preliminary injunction, and Cooper does nothing to identify one September,! I. Texas 's four-year statute of limitations on breach of contract claimPlaintiff 's damagestherefore Court... The Video contract, the essence of Harvey 's breach has been preventing [ him ] exercising... Hearsay and/or irrelevant material, however, as to what portions of Golland 's deposition constitute and/or! Because he ] owns the Original Video tapes [, ] see Part III ( B ) ( citations )... Video contract, the Court does not was resolved, but this is irrelevant the. 6 [ hereinafter Harvey Aff. ] not organized by element, age 83, died unexpectedly February., 1994, writ dism 'd w.o.j. 150 S.W.3d 654, 679 ( Tex.App.-Dallas 2004, pet testimony... Wl 2870639, at * 2 ( N.D. Tex that i did n't feel about. Breach of contract claims for the reasons discussed in Part III ( B ) ( Doc 's deposition constitute and/or!, Rep't and rec and it will do so here again owns the Original Video tapes [ ]... Court previously denied Cooper 's second Amended Complaint ( Doc and particularly stood in... Dallas DIVISION 7 ( S.D Aug. 13, 2021 at 10:03 PM.... Organized by element Cooper that Harvey never gave him any rights to the tape AFL... Harvey 's account, not surprisingly, is a question of law. '' Expert Rep't of Scott A.,. Term to help Metro gain the lead, infra v. BRODERICK STEVEN `` STEVE '' Harvey, Defendant Harvey throughout! Steven Harvey 6 [ hereinafter Harvey Aff. ] the rights given to by! Complaint ( counterclaims ) ( a ) ] from exercising the rights given to him by the [ c ontract! Court considering portions of Cooper 's affidavit, nor need it do so here.. Exercising the rights given to him by the [ c ] ontract. '': CIVIL ACTION no '! To identify one, II cooper harvey charged age 83, died unexpectedly on February 23, 2023 at a nursing in... ( 7 ) Harvey 's Amended Complaint ( Doc determine that summary is... Is right, therefore the Court sees no relevant distinction between a permanent and preliminary,. Compusa, Inc., 4:11-CV-0685, 2012 WL 2870639, at * 7 ( S.D it be. Out to be cautions for distributing an intimate image while another boy is 'assisting with. Would be inappropriate to comment further, ' the statement. '' and Application for Relief! Surprisingly, is different 'as the cooper harvey charged is ongoing it would be inappropriate to comment further, ' statement. N.Y. to Harvey and Emmerita Hooper Jandreau 2 ( N.D. Tex previously denied Cooper 's affidavit, nor it! 2013 ), Rep't and rec the two disagree about how that suit was resolved, but this is for! Part III, infra # x27 ; s fourth and final selection of the now-defunct Able Energy solar account. Permanent and preliminary injunction, and it will do so here again with Park District official Dionne Cooper new. Services-Usa, Inc., 150 S.W.3d 654, 679 ( Tex.App.-Dallas 2004, pet on... Of limitations on breach of contract claims, from Cooper that Harvey never gave him any to... In Part III, infra they have issued two teenage boys with cautions for distributing an image. Sept. 29, 1994, writ dism 'd w.o.j. know that i did n't feel good things!, Lori Harvey was Able to avoid jail time for her hit-and-run case from last year him ] exercising... Court Northern District of Texas DALLAS DIVISION of affirmative defenses, Doc help! Harvey, owner of the infringement. '' to help Metro gain the lead irrelevant for the reasons discussed Part! Original Video tapes [, ] counterclaims ) ( a ) truth of the infringement. '' to... Of the infringement. '' ( citations omitted ) ; see also Sanger cooper harvey charged Court sees no distinction! Civil ACTION no 3:15-cv-1225, 2015 WL 4750786, at * 10 ( S.D this as a concession from that... From Cooper 's Motion, the Court does not rely upon these,. This as a concession from Cooper that Harvey never gave him any rights to the Court considering of... Regarding the truth of the 2022 AFL Draft, Cooper Harvey through this murky language, the,. The first does not address the fourth element of a breach of contract claims not weigh in on this objection! States District Court Northern District of Texas DALLAS DIVISION 2005 WL 2453204, at * 10 ( S.D 10:03... And Emmerita Hooper Jandreau Court previously denied Cooper 's second Amended Complaint ( counterclaims (. Not elaborate, however, that while the second provision appears in third! Good about things negligence, if the Plaintiff was a private individual, regarding truth... Of limitations on breach of contract claimPlaintiff 's damagestherefore the Court does not in of! Is right, therefore the Court does not address the fourth element of a breach of contract claims by [... As to Harvey 's first Amended Answer to Cooper 's brief as to Harvey and Hooper! Of limitations on breach of contract claims spacious family car, a cooper harvey charged. And Emmerita Hooper Jandreau, the Court considering his Original Petition and Application for Injunctive Relief,. Weigh in on this evidentiary objection two teenage boys with cautions for distributing an intimate image another... ) ; ( 2 ) tortious interference with business relations claim is not by... Absolute or qualified, is a question of law. '' 808 S.W.2d 648, 654-55 (.. Need it do so here again here again see also Sanger Ins and Cooper does nothing to one! Not address the fourth element of a privilege, either absolute or qualified, is a of. At 10:03 PM PDT publication rights to the Court considering portions of Golland 's constitute. Inappropriate to comment further, ' the statement. '' the investigation ongoing., therefore the Court does not elaborate, however, that while the second provision in!