McKenzie v. Brannan
| Decision Date | 19 October 2020 |
| Docket Number | 2:20-cv-00262-JAW |
| Citation | 496 F.Supp.3d 518 |
| Parties | Michael MCKENZIE, individually, and d/b/a American Image Art, Plaintiff, v. James W. BRANNAN, as Personal Representative of the Estate of Robert Indiana, and Aaron M. Frey, in his official capacity as Attorney General of the State of Maine, Defendants. |
| Court | U.S. District Court — District of Maine |
Bridget A. Zerner, Pro Hac Vice, John J. E. Markham, II, Markham & Read, Boston, MA, for Plaintiff.
Bodie B. Colwell, Sigmund D. Schutz, Preti, Flaherty, Portland, ME, Edward P. Boyle, Pro Hac Vice, Jessie F. Beeber, Pro Hac Vice, Venable LLP, New York, NY, for Defendant James W. Brannan.
Christina M. Moylan, Office of the Attorney General Six State House Station, Linda Conti, Assistant Attorney General, Augusta, ME, for Defendant Aaron M. Frey.
ORDER ON MOTIONS TO COMPEL ARBITRATION AND STAY PROCEEDINGS AND PRELIMINARY INJUNCTION
A longtime art publisher has filed suit to enforce the terms of a mediation agreement with a personal representative of the estate of a famous artist. In response, the estate's personal representative moves to compel arbitration under the Federal Arbitration Act and to send the dispute to an arbitration proceeding in New York. In his reply, the art publisher moves to enjoin the arbitration proceeding and asks the Court to decide whether the mediation agreement is enforceable. Concluding the parties delegated the gateway issue of the agreement's arbitrability to the arbitrators, and that the defendant has not waived his right to compel arbitration, the Court grants the motion to compel arbitration and dismisses without prejudice the motion for preliminary injunction, but stays this case pending the arbitrability determination by the arbitration panel.
On July 26, 2020, Michael McKenzie, individually, and d/b/a American Image Art (Mr. McKenzie) filed a complaint against James W. Brannan, as personal representative of the estate of Robert Indiana (the Estate) seeking a declaration by the Court that a mediation agreement the parties entered into was a specifically enforceable contract and requesting an order enjoining an ongoing arbitration proceeding in New York. Compl. (ECF No. 1). Aaron M. Frey, in his official capacity as Attorney General of the state of Maine (Maine Attorney General), was joined as a defendant pursuant to 5 M.R.S § 194(4). Id. On July 28, 2020, Mr. McKenzie filed the disputed mediation agreement as an attachment to the Complaint. Pl. Michael McKenzie's Notice of Filing of Ex. E to Verified Compl. (ECF No. 7), and on August 6, 2020, he filed a replacement of the underlying art production agreement as an attachment to the Complaint. Pl. Michael McKenzie's Notice of Filing of Replacement Ex. B to Verified Compl. (ECF No. 12).
On August 6, 2020, the Estate filed a consented-to motion to extend the deadline to answer the Complaint, Def. James W. Brannan's Consented-To Mot. to Extend Deadlines (ECF No. 13), and Mr. McKenzie responded, confirming his consent to the extension and notifying the Court that he planned to move for preliminary injunction within a week. Pl. Michael McKenzie's Resp. to Def. James W. Brannan's Consented-To Mot. to Extend Deadlines (ECF No. 14). On August 7, 2020 the Maine Attorney General filed a consented-to motion for an extension to answer the Complaint. Def. Attorney General's Consented-To Mot. to Enlarge Deadlines (ECF No. 18). The Court granted both motions for extension on August 7, 2020. Order Granting Mot. to Extend Time to File Resp. to Compl. (ECF No. 16); Order Granting Mot. to Extend Time to File Resp. to Compl. (ECF No. 19). On September 15, 2020, the Estate again moved for an extension of time to file an answer until September 28, 2020, Mot. by Def. James W. Brannan, as the Personal Representative of the Estate of Robert Indiana, to Extend Deadline to Answer or Otherwise Respond to Compl. (ECF No. 39), which the Court granted. Order Granting Def. James W. Brannan's Mot. for Extension of Time to Answer (ECF No. 40).
On September 18, 2020, the Maine Attorney General answered the Complaint. Answer of Aaron M. Grey in His Capacity as Attorney General of the State of Maine (ECF No. 42). On September 25, 2020, the Estate once more requested time to file an answer, requesting an extension to ten days after a decision by the Court on either the pending motion to compel arbitration or motion for preliminary injunction, Mot. by Def. James W. Brannan, as the Personal Representative of the Estate of Robert Indiana, to Extend Deadline to Answer or Otherwise Respond to the Compl. (ECF No. 48), which the Court granted. Order granting Mot. for Extension of Time to Answer (ECF No. 49).
On August 7, 2020, the Estate filed a motion to compel arbitration and to stay the lawsuit. Def. James W. Brannan's Mot. to Compel Arbitration and Stay Proceedings and Incorporated Mem. of Law (ECF No. 15) (Estate's Mot. to Compel Arbitration ). On August 11, 2020, the Estate filed a supplemental declaration in support of its motion. Suppl. Decl. of Jessie F. Beeber in Further Supp. of Mot. to Compel Arbitration and Stay Proceedings (ECF No. 22). On August 14, 2020, Mr. McKenzie filed his response. Pl. Michael McKenzie's Opp'n to Def. James W. Brannan's Mot. to Compel Arbitration and Stay Proceedings (ECF No. 24) (McKenzie's Opp'n to Estate's Mot. to Compel Arbitration ). On August 27, 2020, the Maine Attorney General filed his response. Def. Attorney General's Resp. to Def. Brannan's Mot. to Compel Arbitration and Stay Proceedings (ECF No. 27) (Maine Attorney General's Resp. to Estate's Mot. to Compel Arbitration ). On August 28, 2020, the Estate replied separately to Mr. McKenzie's and the Maine Attorney General's responses. Def. James W. Brannan's Reply Mem. of Law in Further Supp. of Mot. to Compel Arbitration and Stay Proceedings and in Resp. to the Opp'n of Pl. Michael McKenzie (ECF No. 32) (Estate's Reply to McKenzie's Opp'n to Estate's Mot. to Compel Arbitration ); Def. James W. Brannan's Reply in Further Supp. of Mot. to Compel Arbitration and Stay Proceedings and in Resp. to Opp'n Filed by Def. Aaron M. Frey, only in His Official Capacity as Attorney General of the State of Maine (ECF No. 33) (Estate's Reply to the Maine Attorney General's Resp. to Estate's Mot. to Compel Arbitration ). On September 18, 2020, the Estate filed a declaration with attachments in further support of its motion to compel arbitration. Decl. of John C. Vazquez (ECF No. 44).
On August 14, 2020, Mr. McKenzie filed a motion for preliminary injunction, seeking to enjoin the New York arbitration proceeding until this case is resolved. Pl.’s Mot. for Prelim. Inj. with Supporting Mem. of Law (ECF No. 23) . The Estate filed its opposition and a supporting declaration with attachments on September 18, 2020. Def. James W. Brannan's Opp'n to Pl. Michael McKenzie's Mot. for a Prelim. Inj. (ECF No. 43) ; Declaration of John C. Vazquez (ECF No. 44). The Maine Attorney General filed his opposition on September 23, 2020. Def. Attorney General's Opp'n to Pl.’s Mot. for Prelim. Inj. (ECF No. 46) . On September 23, 2020, Mr. McKenzie replied to the Estate's opposition. Pl. Michael McKenzie's Reply to Def. Brannan's Opp'n to McKenzie's Mot. for Prelim. Inj. (ECF No. 47) (McKenzie's Reply to Estate's Opp'n to McKenzie's Mot. for Prelim Inj. ).
On September 25, 2020, the Estate moved for leave to file a supplemental declaration in response to the Maine Attorney General's opposition to Mr. McKenzie's motion for preliminary injunction. Def. James W. Brannan's Mot. for Leave to File Suppl. Decl. in Resp. to the Opp'n Filed by Def. Aaron M. Frey to Pl. Michael McKenzie's Mot. for Prelim. Inj. (ECF No. 50). Mr. McKenzie stated that he had no objection, Pl.’s Non-Objection to the Filing of the Suppl. Decl. by Def. James Brannan (ECF No. 51), but the Maine Attorney General filed an opposition with an accompanying declaration, attaching two documents from the mediation negotiations. Def. Attorney General's Opp'n to Estate's Mot. for Leave to File a Suppl. Decl. (ECF No. 52). On September 30, 2020, the Court granted the Estate's motion for leave to file, Order Granting Mot. for Leave to File a Suppl. Decl. (ECF No. 53), and on the same day the Estate filed an affidavit in response to the Maine Attorney General's opposition. Decl. of Edward P. Boyle (ECF No. 54).
On August 21, 2020, the Court held a telephone conference with the parties to discuss whether they could settle their dispute. Minute Entry (ECF No. 28). On August 28, 2020, Mr. McKenzie and the Estate filed a joint motion requesting an adjournment while the parties attempted to settle. Joint Mot. by Pl. Michael McKenzie and Def. James W. Brannan, as the Personal Representative of the Estate of Robert Indiana, to Adjourn Time to Inform this Court Whether They Will Agree to Mediate this Matter (ECF No. 30). The Maine Attorney General consented to the joint motion. Def. Attorney General's Resp. to Joint Mot. by Pl. Michael McKenzie and Def. James W. Brannan, as the Personal Representative of the Estate of Robert Indiana, to Adjourn Time to Inform this Court Whether They Will Agree to Mediate this Matter (ECF No. 31). The Court granted the joint motion on August 31, 2020. Order Granting Mot. to Amend Procedural Order (ECF No. 34). After several in-person meetings, the parties failed to settle the matter and on September 15, 2020 they asked the Court to resolve the issues presented in this case. Joint Status Report by Pl. Michael McKenzie and Def. James W. Brannan, as the Personal Representative of the Estate of Robert Indiana, Concerning Settlement Discussions (ECF No. 37); Minute Entry (ECF No. 41).
Robert Indiana was a famous American artist...
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McKenzie v. Brannan
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