This section contains the nature of the case and procedural background.

P participated in the Auction by telephone. Casacchia curator of P's collection, and Waumboldt P's assistant attended the Auction in person. P was connected by telephone to Jacobs. Burge was the auctioneer, who has been an auctioneer for over 34 years and has conducted more than 1,000 auctions. Heyler, the Director/Chief Curator of the Broad Art Foundation, attended the Auction as Eli Broad's representative. Broad and P were determined to bid on the Work. Heyler raised concerns about being seated in the front row because it can be a blind spot for the auctioneer. Two Christie's employees-paid attention to Heyler during the auction. Jacobs was seated at a bank of telephones located along the side wall, many rows back and to the left of Burge. Jacobs did not have a clear view of the first row of bidders. P entered a bid at $ 2.9 million. After P bid $3 million, Burge surveyed the room for other bids, before stating: 'Sold to the phone for three million dollars' and dropping the hammer. Jacobs told P that they had secured the Work. Seconds later, Jacobs informed P that Burge had re-opened the bidding and accepted a bid for $3.1 million from Heyler. P protested the re-opening through Jacobs. Burge rejected his challenge and P bid $ 3.15 million, with the intention of disputing the additional $150,000 later. Heyler bid $3.2 million, Burge called the sale to Heyler. Burge stated that at the time he called the sale to P, Christie's employees signaled to him that Heyler had raised her paddle prior to the fall of the hammer. The use of spotters to signal to the auctioneer is common practice at auctions. Burge admits that he did not see Heyler's bid. The Court reviewed a video of the relevant portion of the Auction. P moves for a preliminary injunction.

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