| Iran Expert Yarshater Created Iranica
Columbia U Excludes Public So TRO Extended
to Oct 8
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 26 – Historian Ehsan
Yarshater compiled an
Encyclopedia Iranica while
working at Columbia
University. He founded the
Persian Heritage Foundation to
continue the work.
Now Columbia is
said to claim title to his
work.
On July 1, U.S.
District Court for the
Southern District of New York
Magistrate Judge Kevin N. Fox.
held a proceeding. Inner City
Press covered it.
Judge Fox
has ordered an inventory of
the disputed materials.
Columbia is dispute even that,
but lost a June 11 order by
Judge Fox, who overruled
Columbia's objections. Inner
City Press reported on July 1,
the fight continues. And it
has.
On July 31 the
plaintiffs sought a Temporary
Restraining Order from
District Judge Analisa Torres.
They said Columbia is
destroying the project, now
telling authors that they are
given up all right to what
they right, and trying to
exclude the public from the
encyclopedia.
Columbia's
lawyer replied that the
University is much more than a
landlord. Judge Torres on the
evening of July 31 granted a
TRO.
Now on August 26,
after the evidentiary hearing,
she extended it to October 8:
"ORDER, It is hereby ORDERED
that by September 3, 2020,
each party is directed to
submit a brief which, at
minimum, contains: 1. A
statement of facts citing (a)
the hearing transcript, with
page and line numbers
corresponding to each asserted
fact, or (b) exhibits, with
page numbers corresponding to
each asserted fact; 2. A
section describing the
applicable law. By September
10, 2020, each party shall
file opposition papers. It is
ORDERED that the temporary
restraining order entered by
the Court on July 31, 2020,
ECF No. 1051, will remain in
force until October 8, 2020,
at 7:00 p.m. The Court finds
that good cause exists under
Rule 65(b)(2) of the Federal
Rules of Civil Procedure to
extend the TRO until after the
submission of the parties'
post-hearing briefs, because
such time will allow the Court
to consider the parties'
submissions, and because the
extension is supported by the
reasons stated in the Court's
decision granting the TRO.;
see In re Criminal Contempt
Proceedings Against Gerald
Crawford, Michael Warren, 329
F.3d 131, 13639 (2d Cir. 2003)
(holding that a TRO, extended
for good cause pending
resolution of preliminary
injunction proceedings was a
valid basis for appellants'
contempt convictions);
Armstrong v. Real Estate
Int'l, Ltd., No. 05 Civ. 5383,
2006 WL 354983, at *2
(E.D.N.Y. Feb. 14, 2006)
(noting that the court
"extended the TRO until it
issued [its] decision" on the
pending preliminary injunction
motion); see also Charles Alan
Wright & Arthur R. Miller,
11A Federal Practice &
Procedure § 2953 (3d ed. 2016)
(noting that a court may
extend a TRO for good cause,
and that "a showing that the
grounds for originally
granting the temporary
restraining order continue to
exist should be sufficient").
SO ORDERED.( Brief due by
9/3/2020., Responses to Brief
due by 9/10/2020) (Signed by
Judge Analisa Torres on
8/26/2020." Watch this site.
The case is The
Trustees Of Columbia
University in the City of New
York v. Encyclopaedia Iranica
Foundation, 19-cv-7465 (Torres
/ Fox).
***
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