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Hartke v. Bonhams & Butterfields Auctioneers Corp.

Plaintiff Lacks Standing to Sue for Judy Garland's 'Wizard of Oz' Dress

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MEMORANDUM OPINION & ORDER In this action, Plaintiff Barbara Hartke — in her individual capacity and on behalf of the estate of Gilbert V. Hartke (the “Estate”) — asserts rights to a dress worn by Judy Garland in The Wizard of Oz. Defendants are the Catholic University of America (the “University”) — which likewise claims ownership of the dress — and Bonhams & Butterfields Auctioneers Corporation (“Bonhams”) — an auction house seeking to sell the dress on behalf of the University. Defendants have moved to dismiss under (1) Fed. R. Civ. P. 12(b)(1) for lack of standing; and (2) Rule 12(b)(6) for failure to state a claim. For the reasons stated below, Defendants’ motion to dismiss will be granted on the basis that Plaintiff has not established standing. BACKGROUND I. FACTS1 A. Father Hartke Gilbert V. Hartke was a Roman Catholic priest and a member of the Dominican order. (Am. Cmplt. (Dkt. No. 39)

6, 9; Shepherd Decl., Ex. B (Allen Aff.) (Dkt. No. 21-13) at 1 3)2 He died on February 21, 1986. (Am. Cmplt. (Dkt. No. 39) 6) Plaintiff Barbara Hartke is Father Hartke’s niece, and she brings this action to recover a dress that allegedly belongs to Father Hartke’s estate. (Id.

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