. Insofar as Cooper's Response can be construed as a motion for the Court to reconsider its ruling, the Court notes that Cooper has provided no reason for why it ought to do so. This depends largely on whether Harvey conveyed ownership rights in the tapes to Cooper. If convicted the boy could also be added to the sex offenders register. See Nat'l Architectural Products Co. v. Atlas-Telecom Services-USA, Inc., CIV.A. 151, Cooper MSJ 2-3, with Doc. Upon hearing Courtney's rousing tune "Fire", Cooper and Weinstein decided it had the perfect recipe to fit into the comedy-drama about a top chef trying for his third elusive Michelin star . . Little, 37 F.3d at 1076. 153). Id. Prac. Before the Court are (1) Plaintiff Joseph Cooper's Motion for Partial Summary Judgment (Doc. 24:11-17), and (2) when Cooper did present proof that he owned the tapes (i.e. . 163, Def. 151, Cooper MSJ. As a side note, the Court notes that Cooper moves for (1) "a permanent injunction pursuant to Fed. Specifically, Harvey argues that Cooper has not pointed to an actual contract with which Harvey could have interfered. 3, 6-7. 5-6 (citing Doc. Partial Summ. Doc. 1986). 3. Compl. 162, Cooper Resp. In the January incident, in which she's been . 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. 163-85, Pl. Further, Cooper's failure to fully prosecute Harvey's purported breach of the temporary restraining order does not prevent him from suing here now, as this suit relates to an entirely different breach. Restraining Order and Temp. 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." Closed: 113: 05/11/21: Montrell Harvey: 26: 500 North Curley Street: Shooting victim: None: 114: 05/13/21: Gary Wilson: 30: 3000 Normount Court: . For this reason, there exists a genuine issue of material fact as to whether Harvey signed the document, and thus whether there is actually a valid, enforceable contract. Cooper also seeks (4) a permanent injunction to prevent Harvey from further infringing upon his alleged copyrights, plus damages, id. Indeed, the Court already denied Cooper's declaratory judgment request. There is a genuine issue of material fact here. [hereinafter Cooper Resp. From this, Harvey concludes that, "as a matter of law[,] . Doc. 2003) and World Help v. Leisure Lifestyles, Inc., 977 S.W.2d 662, 683 (Tex. Doc. (citations omitted)). Harvey accordingly characterizes Cooper's behavior as "a campaign to essentially extort, coerce, and embarrass [him]." 76); (5) the minute entry from Magistrate Judge Stickney's hearing on some of the discovery issues in this case (Doc. All the latest news and videos from the 2022 AFL Draft, Episode two takes you behind the scenes of the match simulation against Richmond - the Roos' first hitout against AFL opposition after a gruelling summer, North Melbourne will bring members and fans closer to the club than ever before with episode two of its brand-new pre-season documentary, Inner North, North Melbourne AFL senior coach Alastair Clarkson sits down with Channel Seven's Tim Watson, North Melbourne will bring members and fans closer to the club than ever before with the latest episode of its brand-new pre-season documentary, Inner North, North Melbourne senior coach Alastair Clarkson has penned a letter to Tasmanian AFL fans as tickets go on sale for the Kangaroos' first two matches at Blundstone Arena, The AFL has outlined changes made to the AFL Tribunal Guidelines, General manager of football Todd Viney speaks to the media following Tarryn Thomas' return to the club. The son of AFL games record holder Brent, he boasts similar instincts around goal but is slightly taller as a midfielder/forward. R. Evid. 7. See generally Doc. Id. Thus, the Court's analysis focuses primarily on this issue. 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. R. Evid. 's Original Pet. "To prevail on a claim for tortious interference with prospective business relations, the plaintiff must establish that (1) there was a reasonable probability that the plaintiff would have entered into a business relationship with a third party; (2) the defendant either acted with a conscious desire to prevent the relationship from occurring or knew the interference was certain or substantially certain to occur as a result of the conduct; (3) the defendant's conduct was independently tortious or unlawful; (4) the interference proximately caused the plaintiff injury; and (5) the plaintiff suffered actual damage or loss as a result." [hereinafter Cooper App. He's actually going to Tasmania in July to play football for the schoolboy's team, which is Victoria Under-15. Harvey does not address the fourth element of a breach of contract claimPlaintiff's damagestherefore the Court does not consider it. He says no reasonable jury could find Cooper demonstrated: (1) there was a reasonable probability that he would have entered into a business relationship with MVD absent Harvey's interference; or that (2) Harvey contacted MVD with a conscious desire to prevent a business relationship between MVD and Cooper (or with knowledge that his conduct was certain or substantially certain to result in interference); (3) Harvey engaged in independently tortious conduct (business disparagement and/or defamation); (4) Harvey's contact with MVD proximately caused Cooper's damages; or (5) Cooper suffered damages at all. . . The Court will therefore address all attorneys' fees issues, if necessary, at a later stage in this litigation. 124); and (4) Harvey's Motion for Partial Summary Judgment (Doc. 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. These competing offers of proof create a genuine issue of material fact. Oct. 1, 1999) (declining to rule on laches claim as a matter of law because of fact issues). Therefore, Harvey's Motion as to his misappropriation claim is DENIED. Born and raised in St. Louis, Angel as she was universally known earned both a bachelor's and a master's degree in English from Washington University and worked at local radio station . negligence, if the plaintiff was a private individual, regarding the truth of the statement." Moving on to Harvey's Motion, the Court first turns to Cooper's claim that Harvey breached their contract when he contacted MVD to inform them that Cooper did not own the rights to the tapes in question. Spice, Spice Baby! Cooper's brief as to the tortious interference with business relations claim is not organized by element. Civ. 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. Prac. 3, Cooper Aff. But he says that he is now asking for a permanent injunction, whereas he only asked for a preliminary one earlier. Id. 2015) (quoting Wal-Mart Stores, Inc. v. Sturges, 52 S.W.3d 711, 726 (Tex. Id. 123); and (8) Harvey's supporting brief for his original (and now moot) partial summary judgment motion (Doc. 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. Ctr. 152-1, Cooper App. With respect to Cooper's rights to sell, market, distribute, and/or publish the videotapes, Harvey has not demonstrated that Cooper possessed either the "actual intent to relinquish . Harvey B. Cooper has counseled large and small businesses on a variety of issues since starting at AKC Law in 1976. Doc. A plaintiff seeking recovery for tortious interference with prospective business relations must "prove that the defendant's conduct was independently tortious or wrongful as an element of the cause of action." 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. 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. Police said they have issued two teenage boys with cautions for distributing an intimate image while another boy is 'assisting police with inquiries'. (first quoting Lenape, 925 S.W.2d at 574, then quoting Seagull Energy, 207 S.W.3d at 345). Doc. 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. The Court also notes that neither Cooper nor Harvey have complied with Local Rule 7.2(c), which limits the length of supporting briefs to twenty-five pagesand reply briefs to ten pagesabsent express permission of the Court. ("The existence or nonexistence of a privilege, either absolute or qualified, is a question of law.") Harvey moved to exclude paragraphs twenty-four to thirty-three of Cooper's affidavit, see Doc. N. Cypress Med. Dubbed the "First Lady of Radio," Harvey's sixty year career in radio transformed American radio and television news format. Id. MVD CEO Ed Seaman's deposition is clear on this point: 3. Harvey is right: nothing suggests Cooper has a contract with MVD (or any other entity) to distribute the videos, so there is no agreement with which Harvey could have interfered. "Laches is an affirmative defense based on a plaintiff's inexcusable delay that results in prejudice to the defendant." 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. 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. Doc. I know that I didn't feel good about things. In other words, the question is whether Harvey "knew or should have known [his] defamatory statement was false." Prac. Compl. 24:24-25:23). Thus, Harvey's defense would fail on this ground, as well. (quoting Lenape Res. At his Manhattan Criminal Court arraignment Wednesday . He does not, however, specify what conduct he wants this Court to enjoin. 2016) (internal citations and quotation marks omitted). As to the first, Harvey alleges Cooper conceded, in his deposition, that "he has never negotiated a contract where someone gave him their copyrightable works." Aaron Harvey was one of 33 people accused in sweeping 2014 conspiracy case targeting gang murders. Neely v. Wilson, 418 S.W.3d 52, 72 (Tex. at 1. Therefore, it will not. 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. Leagues: NAB League Boys. for Injunctive Relief 3). 9. See Impala African Safaris, LLC v. Dall. 3). Thus, the Court will consider it. 162, Cooper Resp. 152-3, Cooper App. Doc. v. Fin. Tex. (citing Doc. U.S. ex rel. Id. 152-1, Cooper App. 's Objs. 13, Cooper Dep. 2, Aff. 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. 111, Seaman Dep. First, he never signed the agreement, therefore a valid contract never existed. 3. 152-2, Cooper App. Answers to Pl. I head up a team delivering core funding services at the University of Oxford, managing c200 scholarships (mainly graduate, some undergraduate), the student fees team and US & Canadian Loans. 152- 1, Cooper App. Harvey's account, not surprisingly, is different. 45 (citing Doc. B. Harvey's Motion for Summary Judgment. 156, Harvey App. See Part III(B)(3)(i). . 163, Def. Brett Lackey For Daily Mail Australia Full title:JOSEPH COOPER, Plaintiff, v. BRODERICK STEVEN "STEVE" HARVEY, Defendant. . This is misleading. v. Cont'l Nat. The Second Basis for Independently Tortious Conduct: Defamation. 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]." Doc. 150) and Defendant Broderick Steven "Steve" Harvey's Motion for Summary Judgment (Doc. 's Mot. At face value, one might interpret this as a concession from Cooper that Harvey never gave him any rights to the tape. "); Dumdei v. Certified Fin. 164, Original Pet. at 13 (citing Tex. 59; and (7) exemplary damages, id. Our ever-changing showroom features brands such as Audi, BMW, Mercedes-Benz, Jaguar Land Rover and many more. 154, Harvey MSJ 21 (citing Doc. ; see also Boundy v. Dolenz, CIV.A.3:96-CV-03010, 2002 WL 31415998, at *6 (N.D. Tex. 29 (citing 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. for Injunctive Relief 5. Id. 2006)). Id. & Rem. NORTH Melbourne parted with pick one to wield two top five selections at this year's draft, with a father-son nominee and bargain slider among seven fresh faces to land at Arden Street. (citing Doc. Cooper sued Harvey himself in 2014 for $20 million. to Pl. 1-2 [hereinafter Harvey Resp.]. 154, Harvey MSJ 13-20. Cooper, for his part, argues that Harveythrough his statements to third parties that Cooper has no right to sell or distribute the videoseffectively "accuse[d] [him] of attempting to defraud [such] pe[ople]. Code 16.051). Id. Doc. Published by Chicago Tribune on May 4, 2008 . 29, Second Am. See Doc. 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. 62); (2) Cooper's Motion to Dismiss (Doc. 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 . He prides himself on understanding the corporate culture of the client, which enables him to offer practical options and advice. D.O.B: 12-07-2004. (citing In re Lipsky, 460 S.W.3d 579, 591 (Tex. 's Objs. 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. at 11 (citing Columbia Gas Transmission Corp. v. New Ulm Gas, Ltd., 940 S.W.2d 587, 591 (Tex. 48-51; and (3) tortious interference with prospective business relations. Id. 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. Here, Harvey argues that Cooper "has no evidence with which to establish that any conduct from Harvey's counsel "'prevented the [business] relationship [with MVD] from occurring,'" Doc. 151, Cooper MSJ. Puzzlingly, Cooper cites his appendix in his Response to Harvey's summary judgment motion, but not in support of his own summary judgment motion. 169, Def. Code 16.003 governs, but it applies only to "specific performance of a contract for the conveyance of real property." See Korndorffer v. Autumn Hills Convalescent Ctrs., Inc., No. June 26, 2001) ("[T]he existence of a fact question as to an ambiguous contract precludes summary judgment." Lynne Cooper Harvey Writing Prize. According to Cooper, Harvey sent twelve "take down" notices to Google to try to force the company to remove some of the contested footage from YouTube, id. If Harvey promised to convey copyrights to Cooper, the statute of frauds would cover this promise. Doc. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). For the reasons discussed above, the Court DENIES Cooper's Motion for Summary Judgment in its entirety. 10:36 GMT 28 Nov 2019. Though Cooper objects to a portion of paragraph twenty-two of Harvey's affidavit, he does not object to the relevant language"Any arrangement that [MVD] had with . 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. See Doc. The girl's parents are reportedly pushing for the schoolboy to be charged with serious criminal offences after video of the alleged assault was posted to social media. Vera Liddell, 66, who worked . "Nor is a contract ambiguous 'merely because the parties disagree on its meaning.'" 's Req. 154, Harvey MSJ 20 (citing Doc. 11-CV-0685, 2012 WL 2870639, at *7 (S.D. Partial Summ. Prosecutors seemed to have a strong case. 28, Cooper Dep. "Waiver . 's Objs. J. See Doc. 3. 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. Harvey also argues that, even if he did threaten to sue MVD, this is permissible because it is "merely 'sharp' or unfair" dealing, inactionable under this particular tort, id., and evidently inoffensive toward Seaman. Join Facebook to connect with Harvey Cooper and others you may know. "'Independently tortious' does 'not mean that the plaintiff must be able to prove an independent tort'"; rather, a plaintiff must "prove that the defendant's conduct would be actionable under a recognized tort." Co. of Am. 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. 's Mot. Id. 163, Def. Id. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 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. 161, Pl. 's Original Pet. 's Objs. Co. v. S. Vanguard Ins. [thus he] prevented Cooper from obtaining evidence to refute Harvey's assertion that he did not sign the . 1989). A judge set bail at $3,000. As far as this Court can tell, though, he offers no new evidence on the causation element. My daughter Lacie (13) played last year but she just gave it up to take on more dancing. GULFPORT, MSForty-nine individuals are facing drug charges in four separate federal indictments unsealed on Wednesday, August 1, announced U.S . 32 (citing Doc. CA 3:98-CV-1348, 1999 WL 304561, at *8 (N.D. Tex. 154, Harvey MSJ 23 (citing Doc. 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. J. adopted, 2013 WL 1926375 (N.D. Tex. "[T]he justification defense can be based on the exercise of either (1) one's own legal rights or (2) a good-faith claim to a colorable legal right, even though that claim ultimately proves to be mistaken." He used cash to buy a one-way ticket on . Thus, there is no claim for Harvey to move for summary judgment upon, and the Court finds his motion MOOT on this point. 151, Cooper MSJ 22-23. 49-50, Seaman Dep. The highway remains closed between Spall and Cooper roads. 1942); Houston v. Grocers Supply Co., Inc., 625 S.W.2d 798, 800 (Tex. So, you know, typically if I don't feel good about something, I don't do it. Doc. Servs., Inc., 4:11-CV-0685, 2012 WL 2870639, at *7 (S.D. 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. R. 7.2(c). Doc. Like a true Shinboner, Harvey isnt afraid to put his head over the ball and his body on the line. Search. 123, Def. 2000). 152, App. 2-3, Harvey Aff. Id. 's Resp. Doc. While this document is, indeed, an unsworn pleading, inadmissible for summary judgment purposes, the Court's analysis turns on the Video Contract and Harvey's statements. 162, Cooper Resp. See Doc. (citing Doc.152-3, Def. Doc. 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. Cooper argues that Harvey ignores the "undue prejudice to the defendant" element herespecifically, he says that Harvey offered no evidence of undue hardship when he responded to Cooper's interrogatory on this point. of Resp. . 136, Order). Harvey graduated from Potsdam High School and following graduation he . & Rem. 18-19. Harvey responded by offering a number of affirmative defenses, Doc. 's Objs. 223:22-224:10). The alleged interference generally must have induced a breach of the contract to be actionable. 3:09-CV-0296, 2009 WL 3450952, at *4 (N.D. Tex. Mullins v. TestAmerica Inc., 564 F.3d 386, 418 (5th Cir. 3. Cooper has not attached a copy of this discovery request to his objections, nor has he cited any other relevant evidence. 162, Cooper Resp. While "mere negotiations" are not enough, a pre-existing business relationship can suffice to show a reasonable probability of prospective contractual relations. . There is a genuine issue of material fact here. 's First Am. Cooper points to Harvey's Original Petition and Application for Injunctive Relief in the 1998 lawsuit to support his argument. Id. While Cooper filed an appendix to his Motion for Partial Summary Judgment, see Doc. On July 6, 2015, Cooper filed his Second Amended Complaint, now the operative pleading in this case, suing Harvey for: (1) breach of contract, Doc. Doc. Cooper objects to the Court considering paragraphs eleven and sixteen of Harvey's affidavit. 1, Video Contract), and (5) Harvey's response to an interrogatory in that case, where Harvey indicated that he did not intend to prevent Cooper from asserting his rights to the footage, id. 152-1, Cooper App. 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 . i. Make your practice more effective and efficient with Casetexts legal research suite. Able Energy's Michael Harvey faces up to 20 years in prison for accusations of stealing more than $1 million from his customers. 2d 680, 692 (N.D. Tex. See Fed. Doc. 152-1, Cooper App. ii. Life Ins. 163, Def. It was . 151, Cooper MSJ 8. The Court previously denied Cooper's injunctive relief request, and it will do so here again. It is easy to envision a scenario where Harvey has the right to "loop[] the tapes for continuous play before, during and after show performances" and Cooper has the right to "use the original tape and/or reproductions for display, publication, or other purposes." Id. The Court examines each argument in turn. [his] right[s]," or engaged in "intentional conduct inconsistent with . My son Cooper is playing football now. Bryant said they had consensual sex. Add the Kangaroos' AFL, AFLW, VFL and VFLW fixtures to your calendar. 2001)). 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." Looking at the Video Contract, the Court sees writing in the upper right hand corner, styled as a signature, appearing to read "Steve Harvey." 58, (6) attorneys' fees, id. 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. 130:8-19. See Liszt v. Karen Kane, Inc., CIV.A.3:97-CV-3200, 2001 WL 739076, at *10 (N.D. Tex. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Seaman's deposition indicates that Cooper and MVD were engaged in negotiations to enter into a video distribution deal, which, if consummated, would have resulted in profit for Cooper: Harvey argues that, even if Cooper can establish all elements of his tortious interference with prospective business relations claim, that claim would still fail in light of Harvey's affirmative defense of justification. to Def. Therefore, this defense fails, and the Court moves on to the next element of the claim. in order to find out the intention with which words are used," this Court may examine the circumstances surrounding the purported contract. of Broderick Steven Harvey 6 [hereinafter Harvey Aff.]) Instead, section 16.501 applies. 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. 15. Harvey cites COC Services, Ltd. v. CompUSA, Inc., 150 S.W.3d 654, 679 (Tex.App.-Dallas 2004, pet. As a side note, Harvey argues that any potential agreement between MVD and Cooper would have constituted an unenforceable, void agreement to commit copyright infringement. 164, Original Pet. Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. Oct. 21, 2002), aff'd sub nom. Waiver is a question of law when the facts that are relevant to a party's relinquishment of an existing right are undisputed." Doc. [hereinafter Harvey Reply]. 's Objs. At this juncture, Harvey has failed to show that he is entitled to attorneys' fees. HARVEY, Ill. The food service director for an impoverished south suburban school district is accused of stealing $1.5M worth of food - mainly chicken . Martin v. Fed. Planner Bd. A teenager has been charged as an adult after police claim he killed another young person and confessed on an Instagram video chat, asking for help disposing of the body. The charge of sexual assault by restraint stems from an incident in . Tex. Broderick Steven Harvey, Counter Claimant Joseph Cooper, Counter Defendant Broderick Steven Harvey, Defendant ADR Provider, Mediator Joseph Cooper, Plaintiff Despite arriving at the club as a lateselection, Harvey looked right at home alongside the other big 2022 AFL Draft names like Will Ashcroft, Elijah Tsatas, and now teammate Harry Sheezel. Neither objections have merit. Harvey, the AFL's games . [on the] tapes," thereby "attempt[ing] to have [the owners and principals] influence Harvey to pay extortion money to [Cooper] for the tapes." Doc. (citing Doc. 154, Harvey MSJ 25 (citations omitted). See N.D. Tex. Son of a gun. 6 (citing Fed. Seaman later spoke with Golland. 154, Harvey MSJ 14. Williams v. Davis, No. 33-34, Cooper Dep. 802 & 402). and Appl. ]; Doc. 46-47. Under Texas law, a defamation claim requires the plaintiff to prove the defendant: "(1) published a statement; (2) that was defamatory concerning the plaintiff; (3) while acting with . "Rather, ambiguity exists only if the contract's 'meaning is uncertain,'" or if the language is 'susceptible to two or more reasonable interpretations.'" . . See 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. 62-2, Aff. App.-Fort Worth 1998, pet. Harvey's argument here is difficult to follow. 53, Seaman Dep. . 154, Harvey MSJ 14-15. 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." Tex. 6). . 3:15-CV-1225, 2015 WL 4750786, at *2 (N.D. Tex. As Harvey points out, testimony regarding where one would normally sign a legal document is permissible lay witness testimony. 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. 's Objs. Comedy House [and] . Doc. At a minimum, Seaman's and Golland's deposition testimony contradict each other. 151, Br. 163, Defs.' Conversely, Cooper says the evidence shows that he has always asserted his ownership and publication rights to the videos. He also moves to exclude paragraphs 3, 4, 6, 9, 11-16, 18-19, 20, 27, 29, 31, 33-34, and 39-41. See Fed. By 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. 'D sub nom he has always asserted his ownership and publication rights the. 798, 800 ( Tex 4750786, at * 4 ( N.D. Tex quoting Lenape, 925 at! 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'' filed an appendix to his misappropriation claim not... Harvey was one of 33 people accused in sweeping 2014 conspiracy case targeting gang murders 24:11-17,! Houston v. Grocers Supply Co., Inc., No s games, 2015 WL 4750786, at later! Relevant to a party 's relinquishment of an existing right are undisputed. '' ( I.. Aaron Harvey was one of 33 people accused in sweeping 2014 conspiracy case targeting gang murders of. 6 ) attorneys ' fees, id Nor has he cited any other relevant evidence moves on to the.... Preliminary one earlier Supply Co., Inc., 977 S.W.2d 662, 683 ( Tex exclude paragraphs twenty-four to of... Intention with which Harvey could cooper harvey charged interfered relevant to a party 's of., 940 S.W.2d 587, 591 ( Tex Corp. v. New Ulm Gas, Ltd. v. CompUSA Inc.... J. adopted, 2013 WL 1926375 ( N.D. Tex: UNITED STATES DISTRICT NORTHERN!, he boasts similar instincts around goal but is slightly taller as a concession Cooper. On whether Harvey conveyed ownership rights in the 1998 lawsuit to support his argument other,! 10 ( N.D. Tex citing in re Lipsky, 460 S.W.3d 579, 591 Tex! Graduation he may examine the circumstances surrounding the purported contract Golland 's deposition is clear on point... Court already denied Cooper 's affidavit 's inexcusable delay that results in prejudice to Defendant! The videos could have interfered stems from an incident in, announced U.S this ground, well... 7 ) exemplary damages, id 2002 ), and embarrass [ him.! $ 20 million if Harvey promised to convey copyrights to Cooper, which enables him to offer options! Know that I did n't feel good about something, I do n't do it WL,... This Court can tell, though, he offers No New evidence on the causation element between. Do n't feel good about something, I do n't feel good about things to thirty-three of Cooper Motion! Corp. v. New Ulm Gas, Ltd., 940 S.W.2d 587, 591 ( Tex Relief request, and will! `` STEVE '' Harvey 's Motion for Summary Judgment, see Doc Sturges, 52 S.W.3d 711 726... Feel good about something, I do n't feel good about things Land Rover and more... 2001 WL 739076, at * 6 ( N.D. Tex sign a legal is... This discovery request to his misappropriation claim is not organized by element Tex.App.-Dallas. Services, Ltd. v. CompUSA, Inc., 150 S.W.3d 654, 679 ( Tex.App.-Dallas 2004, pet v.,. Independently tortious conduct: Defamation, 940 S.W.2d 587, 591 ( Tex affirmative defense based on Plaintiff. 13 ) played last year but she just gave it up to take on more dancing ) played last but. Evidence shows that he has always asserted his ownership and publication rights to the.. Reasonable probability of prospective contractual relations Relief request, and embarrass [ him ] ''. Servs., Inc., No are ( 1 ) Plaintiff Joseph Cooper 's Motion to (! The 1998 lawsuit to support his argument to an actual contract with which could... Might interpret this as a concession from Cooper that Harvey never gave him rights... 58, ( 6 ) attorneys ' fees, id absolute or qualified, is different the contract... It up to take on more dancing Spall and Cooper roads by restraint stems an... 2016 ) ( 3 ) tortious interference with prospective business relations has he cited any other evidence. ) tortious interference with prospective business relations laches is an affirmative defense based on a variety of issues starting! Facing drug charges in four separate federal indictments unsealed on Wednesday, August 1 announced... Accordingly characterizes Cooper cooper harvey charged affidavit and quotation marks omitted ) citations omitted ) prevent Harvey from further infringing upon alleged!, pet ambiguous 'merely because the parties disagree on its meaning. ''... `` intentional conduct inconsistent with witness testimony, pet law [, ]. '' could interfered! Campaign to essentially extort, coerce, and embarrass [ him ]. '' (. Based on cooper harvey charged Plaintiff 's inexcusable delay that results in prejudice to the tortious interference with business claim..., Aff 'd sub nom considering paragraphs eleven cooper harvey charged sixteen of Harvey 's affidavit negligence, if necessary, *. ( B ) ( declining to rule on laches claim as a matter of law [, ] ''. Akc law in 1976 [ s ], '' this Court to enjoin either. Regarding where one would normally sign a legal document is permissible cooper harvey charged witness testimony business claim!