48-51; and (3) tortious interference with prospective business relations. 163-85, Pl. Cooper objects to the Court considering this part of Harvey's affidavit, but because the Court's analysis depends only upon Golland and Seaman's testimony, Harvey's affidavit has no effect, and the Court need not rule on its admissibility. 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"). The Harvey is name synonymous with the North Melbourne Football Club. 45 (citing Doc. 24:24-25:23. 's Objs. From this, Harvey concludes that, "as a matter of law[,] . 32-34, Examples of Ads). 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." At a minimum, Seaman's and Golland's deposition testimony contradict each other. Review Servs., Inc., 29 S.W.3d 74, 80 (Tex. Generally, "[i]f [a] contract can be given a 'certain or definite legal meaning or interpretation, then it is not ambiguous.'" 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. Harvey Weinstein was charged Friday with a new felony sexual assault count by the Los Angeles District Attorney's office. 3). 3, Cooper Aff. . 161, Pl. 802 & 402). By Atahabih Germain Jan. 14 2020, Updated 3:02 p.m. In addition to moving for summary judgment on Cooper's claims and his own affirmative defenses, Harvey asks this Court to grant summary judgment in his favor on his misappropriation counterclaim. 170, Def. Cooper rebuts this characterization and suggests it was Anderson's interference, not any sort of independent trepidation regarding Cooper's ownership rights, that caused MVD to forgo the agreement. 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. View the profiles of people named Harvey Cooper. 83; (3) laches, id., and (4) statute of frauds, id. 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 . (citing Doc. at 63-65, Exs. May 10, 1999). Co., 749 S.W.2d 762, 767 (Tex.1988)); Super Future Equities, Inc. v. Wells Fargo Bank Minn., N.A., 553 F. Supp. All said, Harvey's evidence has not alleviated the contract's ambiguity, therefore summary judgment is inappropriate. Cooper's next three arguments pertain to Harvey's statement that he "did not sign th[e] [Video Contract] and [that his] signature is not affixed to the instrument beneath the alleged terms of the invoice, where one would normally sign a legal document." 162, Cooper Resp. See Doc. Id. First, he never signed the agreement, therefore a valid contract never existed. 29, Second Am. N. Cypress Med. Mar. Harvey alleges that Cooper's breach of contract claim fails for two reasons. 154, Harvey MSJ 24. Thus, the Court must determine whether Cooper has stated either an actionable defamation or business disparagement claim. 44. Safari Club, Inc., No. 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. 154, Harvey MSJ 20 (citing Doc. Env't Tex. Doc. Doc. Harvey responded by offering a number of affirmative defenses, Doc. See id. Looking at the Video Contract, the Court sees writing in the upper right hand corner, styled as a signature, appearing to read "Steve Harvey." At this juncture, Harvey has failed to show that he is entitled to attorneys' fees. Lynne Cooper Harvey Writing Prize. 136, Order 3, 6. 2001)). Cooper." 120. Cooper filed his Original Complaint on November 21, 2014, Doc. In support, he offers another portion of Seaman's deposition testimony, reproduced below: Harvey objects to Golland's deposition, arguing that portions of it include hearsay and/or are irrelevant, in addition to the fact that the deposition was taken in violation of the Federal Rules of Civil Procedure's ("FRCP") rules on cross questions. Harvey argues that Cooper's affidavit is a "sham affidavit," though, and is therefore not competent summary judgment evidence. 1. 75; (2) waiver, id. Whether you are looking for a spacious family car, a head-turning . 6:21-7:1). [hereinafter Harvey Reply]. 7, Aff. 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." 1, 3. The foundation received at least $95 million in city funding since 2009 for support services, including for transportation costs . 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. Other than by operation of law. See Doc. See N.D. Tex. (1) "It is understood [Cooper] is the exclusive videographer, and other taking videos [sic] will be permitted at our discretion" and (2) "[Cooper] reserves the right to use the original tape and/or reproductions for display, publication or other purposes. 151, Cooper MSJ 2-3, with Doc. . 157-60, Letters Re: Agreed Order to Extend Temp. 30- 48. 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. The Court previously denied Cooper's injunctive relief request, and it will do so here again. 161, Pl. 161, Pl. Accordingly, a genuine issue of material fact exists as to this element. The substantive law governing a matter determines which facts are material to a case. So, the promise would need to be in writing. R. 7.2(e). 801(d)(2). 11-CV-0685, 2012 WL 2870639, at *7 (S.D. Examining the recordnamely Golland's and Seaman's deposition testimonythe Court finds Cooper's business disparagement claim is not actionable. 2, Harvey Aff. Showing posts for: Cooper Harvey. So, from Cooper's point of view, "[because he] owns the original video tapes[,] . at 13 (citing Doc. 2-3, Harvey Aff. 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 . 163, Def. North Media takes you inside the Harvey household as Cooper, the son of League games record holder Brent, became an AFL player. 154, Harvey MSJ 19 (citing Doc. They are relevant as they pertain to the contract at issue in this suit. Co-vice captain Luke McDonald, son of 155-gamer Donald, notched his 150th appearance for the club in 2022 and soon after surpassed his father's total. (citing Doc. The junior Harvey played alongside his . . Get to know North Melbourne's fourth and final selection of the 2022 AFL Draft, Cooper Harvey. v. Cont'l Nat. 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. 152-2, Cooper App. 26 (citing Doc. ); (2) the Agreed Order from the 1998 lawsuit, id. Doc. "Under Texas law, the elements of waiver are: (1) an existing right, benefit, or advantage held by a party; (2) the party's actual knowledge of its existence; and (3) the party's actual intent to relinquish the right, or intentional conduct inconsistent with the right." 165, Harvey Resp. Therefore, his claim must fail. Ctr. 2, Cooper Aff. 58, (6) attorneys' fees, id. The Court is not sure what this means, so it cannot consider this argument. Cooper offers a number of arguments for why the Court cannot consider this evidence. 3-9, Cooper Aff.). Therefore, it could not serve as the basis for a tortious interference with prospective business relations claim. 161, Pl. 162, Cooper Resp. App.-Fort Worth 1998, pet. The fact that a contract is terminable at will, however, "is no defense to an action for tortious interference with its performance." Code 16.003, with id. . Second, even if he did, the language in the document did not grant Cooper rights to the tapes. The woman told the police that Bryant had raped her. Insofar as Cooper insists that he asked for a temporary injunction then and asks for a permanent one now, it makes no difference. 156, Harvey App. "Hurricane Harvey is getting . 1, Video Contract). But this amount was lower than Cooper's customary rate, in part because Cooper knew that he would own the rights to the potentially-lucrative videotapes he created. 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. 154, Harvey MSJ 19-20. App.-Tyler 1980, no writ)). Harvey objects to the Court considering portions of Cooper's affidavit, as well as his own Original Petition and Application for Injunctive Relief from the 1998 lawsuit. Co. of Am. See Liszt v. Karen Kane, Inc., CIV.A.3:97-CV-3200, 2001 WL 739076, at *10 (N.D. Tex. 152-2, Cooper App. . Doc. 156, Harvey App. 101. 's Br. Id. Published by Chicago Tribune on May 4, 2008 . Harvey G. Jandreau, II, age 83, died unexpectedly on February 23, 2023 at a nursing home in Venice, Florida. Id. By Therefore, the Court DENIES Harvey's Motion for Summary Judgment on Cooper's breach of contract claim. He was raised Catholic and was baptized at Stain Mary's in Potsdam. 1996)). 8. 's Resp. Harvey also moved for summary judgment, Cooper responded, and Harvey replied. 66-93, Expert Rep't of Scott A. Varnes, CPA, CFF, CGMA, Dec. 3, 2015). According to him, this agreement is memorialized in a "signed . Full title:JOSEPH COOPER, Plaintiff, v. BRODERICK STEVEN "STEVE" HARVEY, Defendant. 2013) (citations omitted); see also Sanger Ins. 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. for Injunctive Relief). filed), which articulates the test for tortious interference with prospective business relations slightly differently than the more-recent Coinmach Corp., 417 S.W.3d 909, which this Court cites. 156, Harvey MSJ App. 154, Harvey MSJ 20 (citing Doc. Id. The Court examines each argument in turn. 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. Fed. 162, Cooper Resp. [thus he] prevented Cooper from obtaining evidence to refute Harvey's assertion that he did not sign the . 2, Harvey Aff. & Com. . Jack Ruby, the Dallas nightclub owner who killed Lee Harvey Oswald the accused assassin of President John F. Kennedy is found guilty of the "murder with malice" of Oswald and sentenced . See Fed. 130:8-19. To prove his point, Cooper cites (1) his own affidavit, Doc. 's Objs. 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. 161, Pl. Thus, the Court's analysis focuses primarily on this issue. Victim died 03/20/21. at 3-6. In support, he offers three pieces of evidence. App.Houston [14th Dist.] 55, as well as (7) attorneys' fees, id. See generally Doc. Doc. Amy Cooper, a white woman who called police on a Black birdwatcher at Central Park in New York, has been charged in connection with a second undisclosed fraudulent 911 call, Manhattan District Attorney Cy Vance's office said. 31. 1997) ("Ordinarily, merely inducing a contract obligor to do what it has a right to do is not actionable interference." 62-2, Orig. See Fed. 151, Cooper MSJ 14. 152-1, Cooper App. Doc. 136, Order 3. Inj. Thus, before the Court turns to the parties' substantive arguments on this element, it first determines whether it can examine this portion of Harvey's affidavit. 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. 163, Def. This, Harvey says, is because the purported breach occurred in 1998 at the latest, when he sued to prevent Cooper from releasing the videos. If the non-movant ultimately bears the burden of proof at trial, however, the summary judgment movant may satisfy its burden by pointing to the mere absence of evidence supporting the non-movant's case. Thus, if Cooper wants to prove that Harvey conveyed copyrights, he must come up with another agreement, in writing, to show that this occurred. Harvey joins Jackson Archer, Bailey Scott and Luke McDonald as father-son selections on North Melbournes list. [hereinafter Def. As Harvey points out, testimony regarding where one would normally sign a legal document is permissible lay witness testimony. To show it is likely that Cooper would not, in fact, have entered into such an agreement, Harvey offers two portions from MVD CEO Edward Seaman's deposition, where Seaman testified that: (1) when he sent Cooper a working draft potential agreement, he had not yet seen proof that Cooper owned the tapes, id. 40. Updated: Jan 31, 2023 / 06:40 AM CST. Doc. & Rem. 152, App. 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. Harvey also moves for summary judgment on Cooper's claim that Harvey engaged in tortious interference with prospective business relations when Harvey contacted MVD to tell it that Cooper did not actually have rights to the tapes. 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. & App. 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. tortious interference with prospective business relations." Therefore, this defense fails, and the Court moves on to the next element of the claim. 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 . 3. , updated Earlier that day, an injured Cooper's Hawk found himself a safe space to wait out the storminside a Lone Star taxicab. See Part III(B)(3)(i). If convicted the boy could also be added to the sex offenders register. Harvey uses the same evidence to support both his waiver and laches claims. Accordingly, insofar as Cooper's request for a permanent injunction differs from his request for a preliminary onewhich this Court already deniedthe Court GRANTS Harvey's Motion and DENIES Cooper's injunctive relief request. Harvey argues that Cooper's decision not to market, sell, or distribute the tapes in question constitutes waiver and/or laches. By ABC News. Williams v. Davis, No. Cooper Harvey, son of North Melbourne legend Brent, made his senior debut for North Heidelberg on Saturday alongside his dad and uncle Shane in a special moment. 156, Harvey App. in negotiating any type of entertainment contracts." It is somewhat ambiguous as to whether Harvey argues that no genuine issue of material fact exists regarding damages. Doc. 152-1, Cooper App. 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. The Manhattan District Attorney's Office on Tuesday dropped the misdemeanor criminal charge against Amy Cooper, the White woman who called police on a Black man in Central Park last May, after she . 162, Harvey App. Prac. 's Reply 2, the provisions do not actually conflict. 29, Second Am. 3:15-CV-1225, 2015 WL 4750786, at *2 (N.D. Tex. . 163, Def. 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. . 123); and (8) Harvey's supporting brief for his original (and now moot) partial summary judgment motion (Doc. Compl. . to Pl. May 27, 2016) (determining ambiguity is a question of law for the court). 136, Order 3). (citations omitted)). v. Fin. See Doc. Doc 162, Cooper Resp. Doc. Prac. 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. 154, Harvey MSJ 21 (citing Doc. 162, Pl. 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. 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. 1991). 2, Aff. See Matter of Pirani, No. 398-CV-1938, 1999 WL 787402, at *7 (N.D. Tex. See Doc. So, you know, typically if I don't feel good about something, I don't do it. of Joseph Cooper 24-33 [hereinafter Cooper Aff.]). . "Nor is a contract ambiguous 'merely because the parties disagree on its meaning.'" 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