INJUNCTION!

 

Massachusetts Attorney General Maura Healy responded Friday November 10, 2017

Appeal trail underway then Injunction granted for Monday’s Sotheby’s sale

1. 11/10/2017  Motion for stay under M.R.A.P. 6(a) filed by Maura Healy.
2. 11/10/2017 Memorandum of law in support filed for Maura Healy
3. 11/10/2017 Record Appendix Volume I filed by Maura Healy
4. 11/10/2017 Record Appendix Volume II filed by Maura Healy
5. 11/10/2017 IMPOUNDED Record Appendx filed by Maura Healy
6. 11/10/2017 Response to Motion to Stay, filed by Tom Patti, Tom Patti Design LLC.8
7. (none)
8. 11/102017 Motion to exceed page limit filed for Trustees of Berkshire Musuem by Attorney William Lee.
9. 11/10/2017 Opposition to Motion to Stay, filed by Trustees of Berkshire Musuem.
10. 11/10/2017 Supplemental Record appendix filed for Trustees of Berkshire Musuem
11. 11/10/2017 ORDER: The motion for a stay pending appeal pursuant to Mass. R. App. P. 6(a) from the November 7, 2017, order of the Superior Court denying the request for a preliminary injunction, is allowed. The Attorney General’s Office shall forthwith file a notice of appeal in the Superior Court if it has not already done so. The Attorney General’s Office shall file a status report on or before December 11, 2017, regarding the status of the appeal. (Trainor, J.). Notice/attest/Agostini, J.
12. 11/10/2017 ORDER: After reviewing the parties’ submissions, the request for a preliminary injunction prohibiting the defendant, Trustees of the Berkshire Museum from selling, auctioning, or otherwise disposing of any of the artworks that have been listed for auction commencing on November 13, 2017, is allowed. The balance of the risk of irreparable harm to the petitioner and the respondent in light of each party’s chance of success on the merits weighs in favor of the petitioner. Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609, 615-617 (1980). The injunction shall expire on December 11, 2017. Prior to the expiration of the injunction, the Attorney General’s Office may move to extend the injunction with a date certain by which the investigation will be completed. (Trainor, J.). Notice/attest/Agostini, J.

This 11th hour move is not the last word on the case.  Stay tuned!

On Monday, November 13, 2017, collectors CAN purchase Martin Johnson Heade’s Crimson Topaz Hummingbirds from Sotheby’s.

But not Norman Rockwell’s Shuffleton’s Barbershop, or any of the Berkshire Museum 40, for now.

Earlier this week:

On Tuesday, November 7, 2017, lawsuits including one from the Massachusetts Attorney General Office that were aimed at halting the Berkshire Museum firestorm sale of its most notable artworks via Sotheby’s auction house were denied. The first of several auctions to include art from the Berkshire Museum is slated for November 13th. (Additional Sotheby’s sales with Berkshire Museum art are scheduled into 2018.)

Those favoring the sale were confident in their defense. Those opposed were praying for the Massachusetts Attorney General to appeal this decision.

The Massachusetts Attorney General office had no response until TODAY November 10, 2017. The AGO’s twitter account made no mention , despite a media swirl, tweets were related to:

1. the week’s elections;
2. the #AcessBillMA;
3. a single happy arts and culture related item (“@MassAGO  Thank you to the #BunkerHill Monument Association, established 1823! Joined us yesterday and recognized me as a Lifetime Honorary Member. #Charlestown”);
4. and consumer complaints and resulting lawsuit brought against a dastardly contractor. Hmmm. I wonder how many consumer complaints came in related to the Berkshire Museum–granted non profit status by the Commonwealth–channeling 60 million + permanently out of the state?

Contact information:

AGO@state.ma.us; Maura.Healey@state.ma.us;Courtney.Aladro@state.ma.us; Emily.Gabrault@state.ma.us; Andrew.Batchelor@state.ma.us

The Berkshire Museum

The Google profile for “Berkshire Museum” still leads with “art” in its description. (Crossing fingers that ‘Suggest an edit’ will not be necessary.)

The Berkshire Museum homepage is now sporting its shiny “A New Vision” branding. Note “Arts” has moved from first to third place*.

*Although its mission on the “About” page of the website (as of  November 8, 2017) has not been scrubbed. “Art” leads the connections: “Bringing people together for experiences that spark creativity and innovative thinking by making inspiring educational connections among art, history, and natural science.”