Orlando Museum of Art is negotiating a potential settlement in the lawsuit it filed against its ex-director and owners of the art displayed in the ill-fated “Heroes & Monsters: Jean-Michel Basquiat” exhibit, new court documents show.
In August, the museum sued former director Aaron De Groft and the consortium of individuals who owned the art attributed to Basquiat, an acclaimed artist who died in 1988. The nearly century-old Loch Haven Park institution alleged a conspiracy in which the defendants planned to use the museum show to give the art credibility so it could later be sold for personal profit — despite not knowing for certain if the works were authentic.
De Groft, who was fired by the museum, and defendant Pierce O’Donnell, a Los Angeles attorney, have said the charges are baseless but have not yet filed a formal response to the suit. In the most recent court filing this month, the museum disclosed it had given the defendants more time for their response, partly because several of them — including De Groft — still had not obtained Florida legal counsel.
The filing with Orange County circuit court was necessary because a standard pre-trial conference with the case’s presiding judge had been scheduled for Nov. 14. Last week, the museum and the defendants asked for a postponement of that conference, which Judge John E. Jordan approved Monday.
Postponements of that nature are routine as cases are being prepared, said Ginny Childs of Akerman, the law firm representing the museum, and don’t represent a substantive shift by either party in the case.
Despite lawsuit’s claims, Orlando Museum of Art tight-lipped about how much damage it has suffered
In its lawsuit, the museum claimed its finances and reputation were grievously injured by the 2022 “Heroes & Monsters” exhibition, which closed abruptly in June of that year when FBI agents seized the paintings as part of an investigation into fraudulent art. Authentic Basquiat works sell for millions of dollars.
Later, California auctioneer Michael Barzman told the FBI he helped create some of the exhibition’s art years after Basquiat’s death. O’Donnell and De Groft maintain Barzman was lying to avoid jail time; he received only probation and a fine at his sentencing in August.
The museum sought a jury trial in its lawsuit, but the recent court filing indicates the case won’t get that far if a deal can be reached.
One of the factors cited in postponing the conference with the judge states: “The parties are currently engaged in settlement negotiations, the outcome of which has the potential to dispose of further litigation proceedings.”
As is customary, neither representatives of the museum nor the defendants would comment on any behind-the-scenes settlement negotiations.
Late last month, Orlando Museum of Art settled a lawsuit in which it had been sued by singer Sisaundra Lewis, who claimed her reputation had been damaged by use of her photo on the museum’s website after the Basquiat scandal. Details of that settlement were not revealed.
In the ongoing case, the pre-trial conference between the judge and lawyers for the museum and defendants is now scheduled for Jan. 2.
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