|Museum of Decorative Arts. CC Kirgyt12.|
The United States District Court, Southern District of Florida, ruled on June 4 that the newly created organization called Victims of Holocaust Art Theft needed an attorney by July 5 or the case would be dismissed. Fagan, disbarred from the practice law, could not serve as the the organization's attorney. He filed a lengthy pleading on June 29 urging the court to allow him to go forward in the case pro se (without an attorney) in recognition of the fact that he and "Victims of Holocaust Art Theft" were one and the same. Michal Klepetář filed a separate letter on the same date stating that he wished Fagan to represent his interests.
District Court Judge James Cohn dismissed "Victims" case on July 9, writing in a footnote (citations omitted):
The next day, Fagan responded by filing a new lawsuit in his own name, captioned Edward D. Fagan v. Czech Republic; National Gallery in Prague; Museum of Decorative Arts of Prague docket 9:12-cv-80743-KAM.
In order to file a civil complaint to obtain property, one must have standing to sue. Fagan claims in his latest complaint that he "is an owner of certain rights to The Popper Art Collection which were obtained / acquired from Michal Klepetář (Klepetář ), the Popper heir/legal successor. It remains to be seen if the court will permit the case to go forward.