Tuesday, July 24, 2007
Gee's Bend - Franklin case - Response to Judge's Order
You may recall from the Ben Raines article, "Lucinda Pettway Franklin filed suit ... against the Arnett family, promoters of the nationally recognized Gee's Bend quilt shows, charging that the Arnetts stole the two oldest quilts known to come from Gee's Bend. The quilts, more than 100 years old, were made by Franklin's great-grandmother, Sally Pettway, from worn-out slave clothes and bits of fine fabric cast off from Pettway's masters while she was still a slave."
The Raines article went on to say: "Franklin said Matt Arnett came to her home in Mobile and asked to borrow the quilts for one month so they could be photographed and included in a book about quilts. She remembered he became very excited when he saw the quilts for the first time. That was two years ago. Since that time, Franklin said, Arnett has told her the quilts were destroyed in a fire, accidentally thrown away, ruined in a flood, lost or on his desk ready to be mailed to her. " (A third quilt was also loaned.)
The disputed quilts were later returned to Franklin's attorneys - after the law suit was filed and after a public news conference where appraisals by Holly Anderson and Julie Silber indicated the quilts were not made during slave times or worth very much money.
So - back to the Judge's order. The request by attorneys for the Defendants to dismiss said - in a nut shell - that 1) the appraisals indicated the quilts were not made during slave times, 2) the quilts were not worth enough for the courts to have jurisdiction, and 3) the quilts are now returned.
In the brief submitted by Mrs. Franklin's attorneys, they argue the suit is about an alleged "conversion," which occurred two years ago when the defendant Matt Arnett refused to return the three quilts to Mrs. Franklin and deprived her of the use and enjoyment of the quilts. Mrs. Franklin, as a result, is entitled to compensatory damages. The damages would be based on Mrs. Franklin and the priceless, valuable family history the quilts represented to her - not any appraised value of the quilts. In addition, the brief argues, Mrs. Franklin has a claim for punitive damages. The brief explains that punitive damages are based on the "wrong to the plaintiff" as well as based on "the necessity to prevent similar wrongs from being committed in the future." The combined damages could be an amount over $75,000, the minimum to fall into the jurisdiction of the Court.
Interestingly, the briefs filed by attorneys for Matt Arnett and the other Arnett defendants, "strongly contest" that Mrs. Franklin is entitled to any damages - but does say that the complaint does meet the jurisdictional requirements of the Court.
No word yet on when Chief U.S. District Judge Callie Granade will decide if the Court does have jurisdiction and what, if any, are the next steps in this suit. As mentioned before, you can read the public documents in the case of Lucinda Pettway Franklin v. Tinwood Ventures et al Civil Action No. 07-438. Visit your local public library to see if it has access to Court records or register with PACER - "Public Access to Court Electronic Records ... an electronic public access service that allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet." There's a fee of about 8 cents per page to access the records.
Monday, August 04, 2008
Gee's Bend - Franklin case Headed for Jury Trial
According to an order dated today by US Magistrate Judge Bert W. Milling, Jr., the parties could not come to a resolution. As a result, the stay on the case has been lifted. "Dispositive motions" are to be filed by August 22, 2008. Final pre-trial disclosures are to be made by mid-December 2008. A final pre-trial conference with Chief Judge Callie V. S. Granade is set for early January 2009. Jury selection is set for the morning of February 3, 2009 in the US Courthouse in Mobile, Alabama.
Here's a quick recap of the Franklin case from a past Black Threads post dated July 24, 2007:
You may recall from the Ben Raines article, "Lucinda Pettway Franklin filed suit ... against the Arnett family, promoters of the nationally recognized Gee's Bend quilt shows, charging that the Arnetts stole the two oldest quilts known to come from Gee's Bend. The quilts, more than 100 years old, were made by Franklin's great-grandmother, Sally Pettway, from worn-out slave clothes and bits of fine fabric cast off from Pettway's masters while she was still a slave."You can read other posts about the Lucinda Pettway Franklin lawsuit by clicking here. No word yet on the outcome of settlement discussions in the Annie Mae Young or Loretta Pettway. I'm betting these two cases will also go to a jury trial. What do you think?
The Raines article went on to say: "Franklin said Matt Arnett came to her home in Mobile and asked to borrow the quilts for one month so they could be photographed and included in a book about quilts. She remembered he became very excited when he saw the quilts for the first time. That was two years ago. Since that time, Franklin said, Arnett has told her the quilts were destroyed in a fire, accidentally thrown away, ruined in a flood, lost or on his desk ready to be mailed to her. " (A third quilt was also loaned.)
The disputed quilts were later returned to Franklin's attorneys - after the law suit was filed and after a public news conference where appraisals by Holly Anderson and Julie Silber indicated the quilts were not made during slave times or worth very much money.
So - back to the Judge's order. The request by attorneys for the Defendants to dismiss said - in a nut shell - that 1) the appraisals indicated the quilts were not made during slave times, 2) the quilts were not worth enough for the courts to have jurisdiction, and 3) the quilts are now returned.
In the brief submitted by Mrs. Franklin's attorneys, they argue the suit is about an alleged "conversion," which occurred two years ago when the defendant Matt Arnett refused to return the three quilts to Mrs. Franklin and deprived her of the use and enjoyment of the quilts. Mrs. Franklin, as a result, is entitled to compensatory damages. The damages would be based on Mrs. Franklin and the priceless, valuable family history the quilts represented to her - not any appraised value of the quilts. In addition, the brief argues, Mrs. Franklin has a claim for punitive damages. The brief explains that punitive damages are based on the "wrong to the plaintiff" as well as based on "the necessity to prevent similar wrongs from being committed in the future." The combined damages could be an amount over $75,000, the minimum to fall into the jurisdiction of the Court.
Interestingly, the briefs filed by attorneys for Matt Arnett and the other Arnett defendants, "strongly contest" that Mrs. Franklin is entitled to any damages - but does say that the complaint does meet the jurisdictional requirements of the Court.
Thursday, July 05, 2007
Gee's Bend - Motion Filed to Dismiss Franklin case
You can read about the motion to dismiss from the Tinwood blog. You can also learn more about the case by visiting your local library to see if the library has access to public court documents. Or you can register with PACER - "Public Access to Court Electronic Records ... an electronic public access service that allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet." There is a nominal charge for access each page of the court documents. In this instance, look for Lucinda Pettway Franklin v. Tinwood Ventures et al Civil Action No. 07-438.
Wednesday, June 27, 2007
Gee's Bend - Press Conference Response to Franklin Suit
"[the] lawsuit accusing the Atlanta collectors of taking quilts more than 100 years old is baseless because the quilt fabric is half that age.
"Experts who evaluated the quilts in dispute said they were made in the 1950s and '60s, attorneys Greg Hawley and Gary Coulter said at a news conference in Birmingham."Peter Burke, attorney for plaintiff Lucinda Pettway Franklin of Mobile, responded by pointing out the written evaluations weren't done until after his client filed suit, even though the promoters had the quilts for more than two years."
There is a press release on the Tinwood blog which provides more details about the Tinwood response, including the quilt appraisals. From the press release:
"We have had these quilts appraised by certified appraisers from Georgia and California. The Georgia appraiser, Holly Anderson, appraised the two older quilts as created in 1965. Julie Silber, an appraiser in Albion, California, dated one of the quilts as made between 1950 and 1960, with a value of $250 - $450. Ms. Silber appraised the second quilt as made between 1950 and 1960, and valued at $100 to $250. (Copies of these appraisals are available upon request)."
Presumably the appraisals are available from Dindy Yokel (305) 632-455 dindy@dindycopr.com at the Miami Beach, Florida PR firm, Dindy Co, which issued the press release.
The press release goes on to explain that:
"Finally, these experts in the field of fabric and quilts indicate that these quilts are worth, at most several hundred dollars. They are not “priceless” as plaintiff claims, or worth $100,000 as was reported in one newspaper story.
"Because Ms. Franklin’s claims may have the effect of undermining the integrity and goodwill of Gee’s Bend Quilts, a motion was filed today by the Arnetts’ attorneys for the federal court to appoint its own expert in the field of quilts and fabrics so that these sensational allegations can stop before further damage is done.When public confidence in the integrity of this art is undermined, the ultimate losers are the women of Gee’s Bend who create these quilts.
"When the integrity is called into question, art galleries are less likely to represent the women and their quilts. Art museums are less inclined to promote tours of the quilts. Ultimately, the value of these art forms could decline and the demand for them will diminish. This is to the detriment of everyone involved with Gee’s Bend Quilts."
The press release was posted as a comment on one of the Black Threads blog posts at 3pm - just two hours after the press conference. I read that another blogger - Extreme Crafts - also had the press release posted on that blog. QuiltersMuse blog has the release - with photos.
Tuesday, August 26, 2008
All 3 Gee's Bend Lawsuits - DISMISSED
Chief United States District Judge Callie V. S. Grandade declared all three Gee's Bend lawsuits "DISMISSED WITH PREJUDICE." This means there was a good reason to dismiss the cases. The plaintiffs, in this case Mrs. Young, Mrs. Pettway, and Mrs. Franklin, can not refile a "new lawsuit within the same jurisdiction based on the same facts, or bring this same issues forward..." What we don't know is if the cases were dismissed because settlements were reached. You may recall that all parties were in discussions as late as last month.
Bob Johnson for the Associated Press reported on Aug 25, 2008:
"Attorneys for both parties asked for the lawsuits to be dismissed but they would not give any details of how the claims were resolved....
"The lawsuits claimed that three of the quilters — Annie Mae Young, Lucinda Pettway Franklin and Loretta Pettway — were cheated financially by Atlanta art dealer William Arnett, his sons, Paul and Matt Arnett, and Tinwood Ventures of Atlanta.The Arnetts helped establish a collective for the quilters and promoted and marketed their works to a wider audience.
U.S. District Judge Callie Granade of Mobile dismissed the suits in an order issued Monday and said the parties would pay their own legal costs.
An attorney representing the quilters, Peter Burke of Birmingham, said the lawsuits "have been resolved." He would not elaborate.
An attorney for the defendants, Greg Hawley of Birmingham, would only say that his clients "are pleased the cases have been dismissed."
Franklin claimed in her lawsuit that the Arnett family stole from her two quilts that she said were more than 100 years old. Pettway claimed she was tricked into signing a copyright document, even though she could not read."
Tuesday, July 10, 2007
Gee's Bend - Franklin case - July 20 briefs due
Later in the article:"Attorneys for Lucinda Pettway Franklin of Mobile have claimed the quilts are more than 100 years old and are priceless heirlooms. Attorneys for the promoters say the quilts were made in the 1950s and 1960s and have been appraised as being worth between $10 and $450 each."
"Granade ordered attorneys to file briefs, affidavits "or other competent evidence regarding the value" of the quilts by July 20."
"Franklin's suit, filed last month, accused the Arnetts of stealing two of the oldest quilts to come from Gee's Bend. The Arnetts' attorneys have said Matt Arnett borrowed the two quilts and another newer one during a visit to Franklin's home, with a promise to research their history and try to determine their age. After the lawsuit was filed, the quilts were returned to the Birmingham office of Franklin's attorney, Peter Burke."
"Burke said Friday he doesn't have to prove that the quilts are worth more than $75,000, just that his client should be awarded at least that much money because of the damages done to her by not having the quilts for two years."
""To her the quilts are priceless," Burke said."
"Birmingham attorney Greg Hawley, representing the Arnetts, said he believes the lawsuit should be dismissed because the quilts have been returned to Franklin."
Friday, April 25, 2008
Judge Grants All Concerned in Three Gee's Bend Cases an Additional 45 Days
In related news, let's go back to April 14, 2008. The Gee's Bend Foundation filed a motion to intervene as a defendant in the cases of Loretta Pettway and Annie Mae Young. The purpose was to "adjudicate its liability, if any." From reading the publicly available court filings, the argument is that: 1) the suits by Mrs. Young and Mrs. Pettway "center around purported wrongdoing... dealing with the display and licensing of certain quilt images owned by" the women; 2) the two quilters seek to enforce their copyrights; 3) the "Foundation has received monies from TVI from these purportedly unauthorized licenses (TVI refers to one of the defendants, Tinwood Ventures, Inc.). The Foundations is looking to "prevent exposure to double liability." Chief US District Judge Callie V. S. Grande has indicated the motion will be granted unless any objections are filed by April 28.
As mentioned before, you can follow the Gee's Bend suits yourself by reading the actual court filings. As mentioned in previous posts, PACER - "Public Access to Court Electronic Records ... an electronic public access service allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet." There's a fee of about 8 cents per page to access the records.
Saturday, June 30, 2007
NEA National Heritage Fellows - Quilters
- Roland Freeman, author of A Communion of the Spirits - 2007
- Mozell Benson, quilter from Opelika, AL - 2001
- Hystercine Rankin, quilter from Lorman, MS - 1997
- Nora Ezell, quilter from Eutaw, AL - 1992
- Gussie Wells, quilter from Oakland, CA - 1991
- Arbie Williams, quilter from Oakland, CA - 1991
- Lucinda Toomer, quilter from Columbus, GA - 1983
Wednesday, April 02, 2008
Harlem Girls Quilting Circle - See It!

In collaboration with The Franklin H. Williams Caribbean Cultural Center African Diaspora Institute presents "SPEAK OUT!" - Works by the Harlem Girls Quilting Circle from March 22 to June 27, 2008.
Quilters with works on display: Lucinda Alexander ♦ Anna Alvarez ♦ Michelle Y. Bishop ♦ Valerie Deas ♦ Ife Felix ♦ Laura R. Gadson ♦ Paula Wynter ♦ Gwen Jones-Diallo ♦ Pat Mabry ♦ Myna Majors ♦ Robyn Mahone-Lonesome.
According to exhibit release: Armed with the fabrics of their craft, the members of Harlem Girls Quilting Circle share their social commentary in quilt to SPEAK OUT! regarding the issues that affect their lives. As fiber correspondents, SPEAK OUT! depicts the voices of women who question and dialogue about matters of community, family, human rights, gentrification, politics,
culture, solidarity, economics, education and religion.
See the exhibit at The Caribbean Cultural Center Gallery, 408 West 58th Street, between 9th and 10th Ave. Telephone: 212-307-7420. Exhibit hours: Monday to Friday 10:00AM to 6:00PM. Do drop a note here to share your thoughts about these exciting quilts!
Wednesday, June 27, 2007
Gee's Bend Cases - You Read the Documents
- Annie Mae Young v. Tinwood Ventures et al Civil Action No. 07-317
- Loretta Pettway v. Tinwood Ventures et al Civil Action No. 07-423
- Lucinda Pettway Franklin v. Tinwood Ventures et al Civil Action No. 07-438
You can visit your local library to see if the library has access to public court documents. Or you can register with PACER - "Public Access to Court Electronic Records ... an electronic public access service that allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet." There's a fee of about 8 cents per page to access the records.
Sunday, June 24, 2007
3rd Gee's Bend lawsuit filed
"Franklin said Matt Arnett came to her home in Mobile and asked to borrow the quilts for one month so they could be photographed and included in a book about quilts. She remembered he became very excited when he saw the quilts for the first time.
That was two years ago. Since that time, Franklin said, Arnett has told her the quilts were destroyed in a fire, accidentally thrown away, ruined in a flood, lost or on his desk ready to be mailed to her."Also from the the Raines' article:
"[Gary] Coulter, already representing the Arnetts in two other suits filed by Gee's Bend quilters in recent weeks, described the three complaints as "frivolous" and refused to say whether the Arnetts still had possession of Franklin's quilts."
[Source: Al.com, Press-Register, Saturday, June 23, 2007.]
Wednesday, September 12, 2007
Gee's Bend - Franklin case - Trial in April 2008?
Both sides have agreed they would be ready for trial by early April 2008 and anticipate the trial would last from 2 - 3 days, not including jury selection. All discovery is anticipated to be completed by early January 2008. At this time, it's too early to evaluate whether a settlement can be agreed to. Stay tune!
Question: How would you feel about being on this jury?
Thursday, July 26, 2007
Gee's Bend - Franklin case - Judge Orders Parties to ...
What's to be in the Report? There's about a dozen elements of the Report, which seem to set out the big picture for the case. Both sides are to give - "in plain English" - a brief statement of their side of the facts, causes or defenses; an estimated date when they would be ready for a trial, the estimated days for a trial; any request for a pretrial conference, a Discovery Plan, and various Disclosure plans, including estimated due dates for expert reports and final lists of witnesses and exhibits. This Report is also to indicate if a Settlement is likely or unlikely in the matter.
Thursday, October 30, 2008
Honoring Georgia Bass - Atlanta Quilter 1913
I'm working on a new book - yes, it's about African American quilting. Earlier this week I stumbled upon this article from the Atlanta Constitution newspaper dated June 29, 1913. As you can see, the headline of the article is "Passing of the Negro "Mammies" of Old South - But Few of Type Now Remain in Atlanta." Essentially the reporter, Ned McIntosh, laments that many of the "mammies" in the city are growing older and passing away, along with other customs of the Old South.
I'm sharing my experience regarding this article here not to hate that such an article was published by a MAJOR American newspaper less than 100 years ago, but to honor the women featured in the article, including a Sistah quilter. I am a quilt historian specializing in African American quilt and quilter history BECAUSE I want to make sure others know about our quilt stories 100 years from now. And, because its an amazing adventure to re-discover quilters past.
May I introduce you to the ladies from the headline? Let's honor... Top left: Georgia Bass.... piecing a quilt at her home on 16 Ennis Alley. Center and with the children: Sylvia Moore. She was the housekeeper (I just can't say "mammy") to the S. T. Weyman family on Fourteenth Street. Samuel T. Weyman was the president of the City Savings Bank & Trust Company in Atlanta. The children in the photo are: Fontaine Weyman, George Weyman, and a young neighbor. Bottom left: Lucinda Hayes, who lived on West Mitchell Street in Atlanta.
I wonder - have any of Georgia Bass' quilts survived? Blessings.
Tuesday, November 27, 2007
Gee's Bend - Bias in QNM Magazine?

I love Quilters Newsletter magazine. Have a subscription to it - look forward to it each month. This month, however, I was shocked. Have a look at the December 2007 issue on page 10 - 11. There's an article in the "What's New" feature titled "Gee's Bend Suits Raise Concern." The article goes on to briefly describe the suits brought by Annie Mae Young, Loretta Pettway and Lucinda Pettway Franklin. Three different lawsuits. Then the article talks about a June 2007 meeting the Arnetts had with the Gee's Bend quilters. The article ends with a quote from the an attorney for Tinwood Alliance and a link to the Tinwood Alliance website.
There's not one direct quote from the side of the quilters or the attorneys for any of the three women who filed suit. Heck, there's even a sub-heading under the article's author that says: "The quilters are grateful for the money, respect, and praise they have received, and they feel that the lawsuits have weakened their community."
What bias! I expect better from QNM - I expect QNM to balance the article with quotes from the women who have filed suit. To blanket-ly say (no pun intended!) that "The quilters are grateful ...." is to dismiss the three courageous women who filed suit, in my opinion.
For those who are interested, the phone number for QNM at CK Media is 303-215-5600 or 1-800-881-6634. The email address is: Questions@qnm.com Type Letter to Editor in subject line.
Monday, June 16, 2008
July 24 - new target date in Gee's Bend Cases
As mentioned before, you can follow the Gee's Bend suits yourself by reading the actual court filings. As mentioned in previous posts, PACER - "Public Access to Court Electronic Records ... an electronic public access service allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet." There's a fee of about 8 cents per page to access the records.
Thursday, June 28, 2007
Three Quilts Returned - Gee's Bend Case
According to yesterday's Tinwood blog and press release:
"Now that these quilts [quilts made in the Gee's Bend area] are well known -- and some possess great value -- it is important to protect the integrity of Gee’s Bend Quilts. To misrepresent the age of a Gee’s Bend Quilt, or the creator of a Gee’s Bend Quilt, is just as reprehensible as promoting a counterfeit as an original Picasso. Some of these allegations in these lawsuits undermine the good name and good will of the Quilts of Gee’s Bend, to the detriment of the quilt makers, who earn a living through this art. "
According to Raines's article today, Franklin's lawyers question why Franklin's quilts were in California.
"Isn't it interesting that two of the people who examined them were in California?" asked Peter Burke, one of the lawyers representing Franklin. "The lawsuit was only filed on June 19. Did they fly them out to California in the last weeks to have them examined? These quilts may have been in a museum out there or in somebody's house in California. Matt Arnett had them two years, but it took the filing of a lawsuit to get him to do the right thing."
Friday, July 25, 2008
Judge in Gee's Bend Cases Grants One Final Extension
According to the order signed by United States Magistrate Judge Bert W. Milling, Jr., the Court has "granted the parties one final extension (the Court's emphasis, not mine!) in each of these actions." Judge Milling has given the parties until 2pm on August 1, 2008 to report "on their efforts toward a global settlement or resolution of all three actions."
I'm going to assume it's a typo, but the date about judge's name on the online version of the order says June 24, 2008. The date of the filing is July 24, 2008 - and the Court had previously ordered the parties to get back to him by July 24.
This case has been in the Court system for just over a year now. Let's see what happens in just one more week.... August 1. What do you think? Will the three cases be settled or will they go to a jury?
Monday, January 28, 2008
Gee's Bend - Judge Grants Motion to Suspend Deadlines

Last week United States Magistrate Judge Bert W. Milling, Jr granted defendants' joint motion for suspension of deadlines in the three separate suits by Annie Mae Young (Plaintiff), Loretta Pettway (plaintiff), and Lucinda Pettway Frankin (plaintiff) vs. Tinwood Ventures, et al. (Defendants). The suspension will give all parties the chance to get together and settle matters among themselves. The judge further required the parties to notify the Court immediately if any of the actions in the various suits are settled. Judge Milling has given the parties until Thursday, April 24, 2008 to file "a joint status report on their efforts towards a global settlement of all three actions." (photo The Quilts of Gees Bend collection from Kathy Ireland Worldwide at Heimtextil.)
You can read more about the three suits by clicking here and reading past blog posts.
So, what do you think? Will the parties settle within the next 150ish days?
You can follow the Gee's Bend suits yourself by reading the actual court filings. As mentioned in previous posts, PACER - "Public Access to Court Electronic Records ... an electronic public access service allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and the U.S. Party/Case Index via the Internet." There's a fee of about 8 cents per page to access the records.





