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Independence Collection Complaint

Independence Collection Complaint

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Published by Kenan Farrell
Independence Collection Complaint
Independence Collection Complaint

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Categories:Types, Business/Law
Published by: Kenan Farrell on Aug 13, 2013
Copyright:Attribution Non-commercial

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03/24/2014

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COMPLAINT Page 1 of 8Carl D. Crowell, OSB No. 982049email: crowell@kite.comC
ROWELL
L
AW
 P.O. Box 923Salem, OR 97308(503) 581-1240Of attorneys for plaintiff UNITED STATES DISTRICT COURTDISTRICT OF OREGONEUGENE DIVISIONINDEPENDENCE COLLECTION, LLC,Plaintiff,v.TALA MADANI,Defendant.Case No.: 6:13-cv-01397COMPLAINTDECLARATORY JUDGMENTINJUNCTIVE RELIEFOWNERSHIPATTRIBUTION 17 USC §106ACOMPLAINT DECLARATORY JUDGMENT OF OWNERSHIPPlaintiff Independence Collection, LLC, alleges: NATURE OF THE ACTION1.
 
This is a civil action for a declaratory judgment to hold plaintiff is the proper and trueowner of a collection of works by artist Tala Madani, and for an injunction permitting plaintiff tofreely sell such works without further interference, and to establish what, if any rights TalaMadani may have under 17 USC §106A, or any other law, to impair or claim damages for thesale of any of her works owned by Independence Collection, LLC.
Case 6:13-cv-01397-MC Document 1 Filed 08/11/13 Page 1 of 8 Page ID#: 1
 
COMPLAINT Page 2 of 8THE PARTIES2.
 
Plaintiff Independence Collection, LLC, is an Oregon Limited Liability Company with a principal place of business in Albany, Oregon.3.
 
On information and belief, Tala Madani is an Iranian born artist, residing principally inLos Angeles, California, represented by Pilar Corrias Gallery, London, UK (offices).JURISDICTION AND VENUE4.
 
This action is pursuant to 17 U.S.C. §106A, the Declaratory Judgment Act, 28 U.S.C. §2201 and other relevant laws.5.
 
This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a),2201(a) and 2202.6.
 
This Court has diversity jurisdiction in that the amount in controversy exceeds $75,000, pursuant to 28 U.S.C. §1332.7.
 
This Court has
quasi in rem
jurisdiction over the defendant in that the majority of thesubject matter of this controversy, namely the paintings, were placed in Oregon by defendant,have at all times relevant remained in Oregon, and are expected to remain in Oregon throughoutthese proceedings.8.
 
Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) because a substantial part of the events which give rise to the claims herein occurred in this district, and because thesubject matter of this action was placed in this district by defendant and remains in this district.9.
 
On information and belief, defendant maintains ties to this jurisdiction and continues toavail herself of the benefits of this jurisdiction.///
Case 6:13-cv-01397-MC Document 1 Filed 08/11/13 Page 2 of 8 Page ID#: 2
 
COMPLAINT Page 3 of 8BACKGROUND AND GENERAL ALLEGATIONS10.
 
Plaintiff is the lawful owner of 114 paintings by defendant, collectively referred to as TheIndependence Collection, purchased at auction from Polk County Storage, Independence,Oregon after defendant failed to maintain payments for storage.11.
 
Defendant is the artist Tala Madani, an internationally renowned artist born in Iran in1981, who, prior to obtaining her MFA from Yale University in 2006, and being collected bysuch as the Tate Modern, London, UK, and earning numerous other awards, was a student atOregon State University, winning the President’s Award for Excellence in Art in 2003 andobtaining a BFA in Visual Arts in 2004.
1
 12.
 
Tala Madani’s work has recently sold at auction for over $30,000.00 for a single canvas.13.
 
The Independence Collection comprises 114 paintings left by Tala Madani in a storagelocker in Independence, Oregon, and on being abandoned, were lawfully purchased at auction byBrad Daily and Mike Claxton, the principals of plaintiff (“principals” herein).14.
 
After the purchase of the contents of the storage locker, the principals discovered the paintings, and through contents of the storage locker were able to identify the owner and author of the paintings. Also found were a number of obvious personal items, including photo ID cardsof defendant, personal photographs and negatives, a handwritten journal, and other items.15.
 
The principals contacted defendant in an attempt to return the personal items.16.
 
The principals also discussed the return of several of the paintings believed to be of notable value, but negotiations quickly degenerated.17.
 
Independent documentation and the defendant’s mother have confirmed the items and paintings in the storage locker belong to defendant Tala Madani.
1
See generally: http://en.wikipedia.org/wiki/Tala_Madani, andhttp://www.pilarcorrias.com/artists/tala-madani/ (official representation)
Case 6:13-cv-01397-MC Document 1 Filed 08/11/13 Page 3 of 8 Page ID#: 3

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