120. Cooper filed his Original Complaint on November 21, 2014, Doc. Rather, Cooper's suit is based on a 2013 event, where, according to Cooper, Harvey's attorney, Ricky Anderson ("Anderson"), (1) took steps to have the contested video footage that Cooper posted to YouTube removed, and (2) contacted MVDthe company with whom Cooper had been negotiating a video distribution dealto inform it that Harvey, not Cooper, held the rights to the footage, and that Harvey would sue if it released the videos. Doc. 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. Id. By implication, then, he suggests that there was a reasonable probability he and MVD would have entered into a business relationship but for the interference. The agreement Cooper asks this Court to enforce is one where he videotaped shows at Harvey's club, and, in return, Harvey conveyed rights in the footage to him, along with a sum of money. A 180cm midfielder/forward, Cooper Harvey possesses clean hands around the contest and has a sturdy frame that allows him to bustle his way into traffic and extract the football. [his] right[s]." But Cooper makes clear that he is not suing Harvey for anything that occurred before 2013. Facebook gives people the power to. 's Original Pet. He also moves to exclude paragraphs 3, 4, 6, 9, 11-16, 18-19, 20, 27, 29, 31, 33-34, and 39-41. 42 (citing Doc. The two disagree about the deal's specifics, hence this lawsuit. Our ever-changing showroom features brands such as Audi, BMW, Mercedes-Benz, Jaguar Land Rover and many more. 2015) (internal citations and quotation marks omitted). . 2007) (internal quotation marks and citations omitted). Cooper offers a number of arguments for why the Court cannot consider this evidence. 42 (citing Doc. None of these arguments have merit. . First, he points to MVD counsel Golland's deposition, where Golland said Harvey not only intimated that Cooper did not own the rights to the videos, but told him that he would likely take action to stop MVD from distributing them if the company pursued an agreement with Cooper. To establish tortious interference with prospective business relations, one must first show more than speculation or the bare possibility that a plaintiff would have entered into a future business relationship. Presented with his substandard briefing, this Court is under no obligation to sift through Cooper's 276-page appendix to find evidence that supports his various assertions. (citing Doc 156-1, Harvey App. To prove his point, Cooper cites (1) his own affidavit, Doc. Doc. 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. 's Objs.]. An extensive manhunt ensued, but the hijacker was never identified or caught, resulting in one of the greatest unsolved mysteries in U.S history. Host Alex Cooper Details Horrific Threats by Harvey Weinstein Assistant: 'He was Creepy and Virtually Abusive'. Restraining Order); and (3) Harvey's Original Petition and Application for Injunctive Relief, id. Id. Harvey also points to Cooper's deposition, arguing Cooper's own statements to MVD were what spurred the company to contact Harvey's counsel. 66-93, Expert Rep't of Scott A. Varnes, CPA, CFF, CGMA, Dec. 3, 2015). 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. 6, 11. As preliminary matter, Harvey alleges that the Video Contract Cooper refers to is just an invoice for taping performances at the Comedy House, not "a valid contract to convey performance, derivative, and distribution rights." According to TMZ, Lori Harvey was able to avoid jail time for her hit-and-run case from last year. Doc. According to court documents, an examination of the woman at a . . And when Harvey evidently violated the 1998 restraining order, Cooper did not sue. Agency v. HUB Int'l., Ltd., 802 F.3d 732, 748 (5th Cir. 48. 13, Cooper Dep. See Doc. Accordingly, the Court cannot conclude that Harvey suffered undue hardship, so his laches defense fails, as well. C-04-437, 2005 WL 2453204, at *10 (S.D. 130:8-19. 95-96, Golland Dep. 162, Cooper Resp. of Standards, Inc., CIV. 62-2, Aff. 156, Harvey App. Because a genuine issue of material fact would exist whether or not the Court considered Cooper's affidavit, it need not weigh in on Harvey's argument here. Every year, AMCS seeks to recognize academic excellence with The Lynne Cooper Harvey Undergraduate Writing Prize, which acknowledges outstanding writing on a topic in American culture. Next, Harvey argues that, even if there was a reasonable probability that Cooper and MVD were going to enter into a business relationshipand even if Harvey interfered with that process, he did not do so with a conscious desire to prevent the relationship, or with knowledge that such conduct was certain or substantially certain to result in interferencemeaning Cooper cannot establish this element. Co. v. S. Vanguard Ins. Doc. Doc. 156, Harvey MSJ App. See generally Doc. 28, Cooper Dep. Doc. Gas, Inc., No. 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." [his] right[s]," or engaged in "intentional conduct inconsistent with . Id. Last up is Harvey's statute of frauds affirmative defensethat Texas law requires he and Cooper's purported agreement be memorialized by a writingwhich he moves for summary judgment upon, based on the fact that Cooper cannot produce such a writing. See Doc. But the writings that Cooper has presentedi.e. 163, Def. 18-19. Cooper points to Harvey's Original Petition and Application for Injunctive Relief in the 1998 lawsuit to support his argument. J. (citing Doc. (citing Reagan v. Guardian Life Ins. . 161, Pl. 2000), which addresses attorneys' fees under the Employee Retirement Income Security Act (ERISA). Tortious Interference with Contractual Relations. 's Objs. Doc. (3) But Anderson's comments to Golland were made under qualified privilege, negating the third element of this tort and rendering Cooper's business disparagement claim inactionable. 's Objs., but because the Court's analysis does not depend upon these portions, it need not weigh in on these objections. Code 16.501. Make your practice more effective and efficient with Casetexts legal research suite. Father-son selection Cooper Harvey and North Melbourne great Brent face the media after the 2022 AFL Draft, North Media chats with Cooper Harvey and dad Brent after the Kangaroo great's son was drafted to the club, North Media takes you inside the Harvey household as Cooper, the son of League games record holder Brent, became an AFL player, AFL games record holder Brent Harvey discusses son Cooper at the Kangaroos' 2016 Father-Son Day, Meet pick No.56 Cooper Harvey from the Northern Knights, Check out the highlights of 2022 NAB AFL Draft prospect Cooper Harvey, Cooper Harvey, the son of AFL games record-holder Brent, wants to create his own legacy at the top level, Get to know North's newest father-son selection, The newest Harvey has officially arrived at Arden Street after North Melbourne used pick No.56 in the 2022 AFL Draft on Cooper, the son of Kangaroos great, Brent, North Melbourne will nominate Cooper Harvey as a father-son prospect in the upcoming AFL Draft, You are currently logged in to Club Exclusive access. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 44. 154, Harvey MSJ 22. The issue here is simpler than either party makes it out to be. 5; Doc. R. 7.2(e). Compl. 's Reply Br. Doc. Munoz v. Orr, 200 F.3d 291, 302 (5th Cir. She was unaware anything had happened to her until she went to school the following week and a friend showed her a video circulating on social media of her while she was unconscious. Harvey G. Jandreau, II, age 83, died unexpectedly on February 23, 2023 at a nursing home in Venice, Florida. Cooper does not deny any of the above, but points to section 29 of the Restatement (Third) of Unfair Competition, which states that: The Court cites a greater portion of the Restatement here than Cooper does. Harvey argues that Cooper's affidavit is a "sham affidavit," though, and is therefore not competent summary judgment evidence. 15. 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. 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. Cooper, on the other hand, argues that Harvey did act with a conscious desire to prevent a relationship, or knowledge that his conduct was certain or substantially certain to result in interference. Code 16.003 governs, but it applies only to "specific performance of a contract for the conveyance of real property." Innova Hosp. and Appl. May 10, 1999). Doc. 2015) (quoting Wal-Mart Stores, Inc. v. Sturges, 52 S.W.3d 711, 726 (Tex. 6 (citing Fed. 4, Harvey Aff. of Cooper's Mot. . Specifically, Harvey argues that Cooper has not pointed to an actual contract with which Harvey could have interfered. Aug. 21, 2016). AFL Draft 3 months ago. You won't find a better place to find what you . The handwritten portion of the purported contract, appearing after the words "Services Included," reads: And, contrary to Harvey's argument, see Doc. Rather, Cooper seems to offer the agreement only to demonstrate that Harvey signed the 1993 Video Contract and later breached it. If true, Cooper's allegationthat Harvey signed the contract and therefore conveyed rights in the tapes to Cooperwould establish that Harvey "knew or should have known" that his "defamatory statement"that Cooper did not own the tapeswas false. Perhaps a father-son candidate flying under the radar, Cooper Harvey is certainly well known to North Melbourne fans. Doc. Other than by operation of law. When it did so, the Court also denied Cooper's requests for a preliminary injunction and declaratory judgment establishing his rights to market, distribute, and sell tapes of the performances in question; denied Cooper's Motion to Dismiss certain paragraphs of Harvey's First Amended Answer; and struck certain language in other paragraphs of that answer. Id. But Seaman says he "d[id] [not] know if [Harvey's counsel] threatened to sue." 161, Pl. pet.). --------. The Court does not rely upon them here, however, so it need not weigh in on this evidentiary objection. The foundation received at least $95 million in city funding since 2009 for support services, including for transportation costs . See N.D. Tex. Id. Co. of Am. But because both sections impose a four year limitations period, this distinction has no effect. The girl had been drinking at a Melbourne house party in October 2019 when she passed out and was allegedly assaulted, according to the Herald Sun. at 2-3, and again in 2013, when Harvey tried to stop him once more. 151, Cooper MSJ 14. The alleged interference generally must have induced a breach of the contract to be actionable. R. Evid. & App. Id. Answers to Pl. There is a genuine issue of material fact here. 2. (citing Doc. Id. Cooper responds by pointing out that Harvey has cited (1) Tex. Doc. and Appl. 's Objs. See Doc. Id. All said, Harvey's evidence has not alleviated the contract's ambiguity, therefore summary judgment is inappropriate. 1. Comedy House [and] . Corp. v. Tenn. Gas Pipeline Co., 925 S.W.2d 565, 574 (Tex.1996)). Harvey also brings a counterclaim for (5) invasion of privacy, id. 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. 62-2, Orig. 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"). Aaron Harvey was one of 33 people accused in sweeping 2014 conspiracy case targeting gang murders. Thus, the Court will consider it. at 19 (citing Doc. 123, Def. Code 16.003. 152-1, Cooper App. Inj. 165, Harvey Resp. Cooper's father Brent played 432 games in the blue and white, setting the AFL games record in the process. Thus, neither his decision to wait to sell and/or distribute the tapes, nor his decision to not try to enforce the temporary restraining order, manifest an "actual intent to relinquish . 111, Seaman Dep. 2d 680, 692 (N.D. Tex. 's Objs.]. Summ. at 13 (citing Doc. Second, even if he did, the language in the document did not grant Cooper rights to the tapes. 3, Cooper Aff. The alleged assault was filmed and posted on a social media app, police say. Parts of Ms. Leyden's body were found in March inside . The Harvey is name synonymous with the North Melbourne Football Club. 2012) (internal citations and quotation marks omitted). 162, Cooper Resp. . Walterboro Police responded at approximately 1:40 a.m. to the Waffle House, located in the 1600 block of . Doc. in negotiating any type of entertainment contracts." Harvey maintains that, because a court can consider "surrounding facts and circumstances, . 's Reply 2, the provisions do not actually conflict. Harvey's purported transfer of copyrights would, of course, occur instantaneously. Harvey is the step-daughter of television personality Steve Harvey and was charged in the hit-and-run case last January, close to 3 months after she allegedly crashed her G-Wagon into another car and was given a ticket and allowed to go free. Id. . 156, Harvey App. Seaman later spoke with Golland. Cooper objects to the Court considering paragraphs eleven and sixteen of Harvey's affidavit. Harvey must establish each element of his statute of frauds affirmative defense in order to prevail. Doc. Accordingly, it would be inappropriate for the Court to grant summary judgment in Harvey's favor on his misappropriation claim, given Cooper's defense. By From the rest of his brief, however, the Court assumes he wants it to enjoin Cooper from publishing, selling, or otherwise distributing the tapes in question. Whether you are looking for a spacious family car, a head-turning . at 11. Prac. The Court examines each argument in turn. Harvey's argument here is difficult to follow. "Under Texas law, a valid contract requires an offer, acceptance, mutual assent, execution and delivery of the contract with the intent that it be mutual and binding, and consideration." 204(a). 152, App. 2011). Enforceable or not, nothing suggests that a potential deal between MVD and Cooper would be illegal or against public policy. 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. Restatement (Third) of Unfair Competition 29 (1995). In support, he offers three pieces of evidence. The woman told the police that Bryant had raped her. See generally Doc. Id. At his Manhattan Criminal Court arraignment Wednesday . Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). [his] right[s]" or constitute "intentional conduct inconsistent with . July 11, 2012) (quoting Sturges, 52 S.W.3d at 726). Id. By Luke Macquire - North Media on Nov 29, 2022, 3:19am. Id. 802 & 402). Code 16.003, with id. See Doc. 403. They are relevant as they pertain to the contract at issue in this suit. 154, Harvey MSJ 19-20. First, he never signed the agreement, therefore a valid contract never existed. Rather, this was a "work for hire" arrangement: Cooper produced videos, but Harvey owned all rights to the underlying performances, demonstrated, he says, by the fact that Cooper himself "testified that he negotiated a price with Harvey for the videotaping services . A former executive director of the Harvey Park District, already facing charges of stealing more than $100,000 from the Cook County assessor's office, has been accused of swiping money from the . Therefore, it could not serve as the basis for a tortious interference with prospective business relations claim. 301:8-304:10; id. 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. [hereinafter Pl. Add the Kangaroos' AFL, AFLW, VFL and VFLW fixtures to your calendar. 62-2, Orig. MVD CEO Ed Seaman's deposition is clear on this point: 3. Join Facebook to connect with Harvey Cooper and others you may know. App.-Tyler 1980, no writ)). The Court addresses the parties' evidentiary objections in footnotes throughout its order. Charles Breland is the second suspect arrested in this case and charged with one count of murder. P. 65(d)(1)(C) to enjoin Harvey from preventing Cooper from exercising his rights granted to him by the Contract" and (2) "a declaratory judgment pursuant to 28 U.S.C. Unless the contract is illegal or otherwise against public policy, the defendant may not raise unenforceability of the contract as a defense." Though Cooper identifies this distinction, he gives no reason for why it matters, and provides no evidence as to why he is entitled to such relief. 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. 29, Second Am. Neither objections have merit. 162, Cooper Resp. 's Objs. Tex. Super-Sparkly Safety Stuff, LLC v. Skyline U.S., Inc. 60-61, Seaman Dep. 1, Compl., and his Amended Complaint on June 29, 2015. Golland says Harvey's representatives told him that Harvey would likely take action to stop MVD from distributing the tapes should it partner with Cooper. Nautilus Ins. 163-85, Pl. Doc. 's Resp. 162, Cooper Resp. Element 3: Whether Harvey's conduct was independently tortious or unlawful. Sept. 29, 1994, writ dism'd w.o.j.) Cooper's father Brent played 432 games in the blue and white, setting the AFL games record in the process. See generally Doc. Under the Copyright Act, "[a] transfer of copyright ownership"which includes granting an exclusive license"is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent." Thus, the issue is whether this is "an agreement which is not to be performed within one year from the date of making the agreement." 156, Harvey App. Again, there is a genuine issue of material fact here. The former food service director of a south suburban school district has been charged with stealing about $1.5 million worth of chicken wings over a 19-month period. 154, Harvey MSJ 7. Looking at the two pieces of parol evidence Harvey has put forward, the Court finds that they do little to clarify Cooper's intent. 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." Sham affidavit, '' or constitute `` intentional conduct inconsistent with father-son candidate flying under radar... You may know paragraphs eleven and sixteen of Harvey 's Original Petition and Application for Injunctive in. 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