Salinger et al v. John Doe et al Featured Case
Plaintiff: J.D. Salinger
Defendant: John Doe, Windupbird Publishing Ltd, Nicotext A.B and ABP, Inc
Case Number: 1:2009cv05095
Filed: June 1, 2009
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Deborah A. Batts
Nature of Suit: None
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 13, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2010 Opinion or Order Filing 46 MEMO ENDORSED withdrawing 43 Motion to Substitute Party. ; granting 45 Motion to Withdraw. According, the Moving Parties hereby withdraws its motion, and will renew it at an appropriate time. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/15/2010) (jmi)
March 11, 2010 Opinion or Order Filing 45 MOTION to Withdraw 43 MOTION to Substitute Party. Old Party: J.D. Salinger, individually, and as Trustee of the J.D. Salinger Literary Trust, New Party: Colleen M. Salinger and Matthew R. Salinger as Trustees of the J.D. Salinger Literary Trust.. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(Choset, Kevan)
February 11, 2010 Opinion or Order Filing 44 DECLARATION of Kevan Choset in Support re: 43 MOTION to Substitute Party. Old Party: J.D. Salinger, individually, and as Trustee of the J.D. Salinger Literary Trust, New Party: Colleen M. Salinger and Matthew R. Salinger as Trustees of the J.D. Salinger Literary Trust.. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). (Choset, Kevan)
February 11, 2010 Opinion or Order Filing 43 MOTION to Substitute Party. Old Party: J.D. Salinger, individually, and as Trustee of the J.D. Salinger Literary Trust, New Party: Colleen M. Salinger and Matthew R. Salinger as Trustees of the J.D. Salinger Literary Trust. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(Choset, Kevan)
February 9, 2010 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kevan Daniel Choset to RE-FILE Document 42 MOTION to Substitute Party. Old Party: J.D. Salinger, individually, and as Trustee of the J.D. Salinger Literary Trust, New Party: Colleen M. Salinger and Matthew R. Salinger as Trustees of the J.D. Salinger Literary Trust. ERROR(S): Supporting Documents are filed separately, using Event Types found under Replies, Opposition and Supporting Documents. ***REMINDER*** - First Re-File Motion, then file and link any supporting documents. (db)
February 9, 2010 Opinion or Order Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Substitute Party. Old Party: J.D. Salinger, individually, and as Trustee of the J.D. Salinger Literary Trust, New Party: Colleen M. Salinger and Matthew R. Salinger as Trustees of the J.D. Salinger Literary Trust. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(Choset, Kevan) Modified on 2/11/2010 (db).
September 14, 2009 Opinion or Order Filing 41 ANSWER to Counterclaim. Document filed by J.D. Salinger(Individually).(Choset, Kevan)
September 3, 2009 Opinion or Order Filing 40 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that Salinger's time to answer, move or otherwise respond with respect to the counterclaim is adjourned to September 14, 2009. (Signed by Judge Deborah A. Batts on 9/3/2009) (jpo)
August 17, 2009 Opinion or Order Filing 39 AMENDED ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
July 27, 2009 Opinion or Order Filing 38 ANSWER to Complaint with JURY DEMAND. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B.(Rosenthal, Edward)
July 21, 2009 Opinion or Order Filing 37 STIPULATION FOR ADDITION OF DOCUMENTS TO APPELLATE RECORD: The following documents shall be added to the appellate record in Second Circuit Case No. 09-2878: 7/7/09 letter from Frankfurt Karmil Klein & Selz, P.C. to Hon. Deborah A. Batts regarding Bond; 7/7/09 letter from Davis Weight Tremaine LLP to Hon. Deborah A. Batts in response to FKKS's letter regarding bond. The documents described in this stipulation will be held by attorneys of record until requested by the U.S. Court of Appeals for the Second Circuit. (Signed by Judge Deborah A. Batts on 7/21/09) (tro)
July 15, 2009 Opinion or Order Filing 36 First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 32 Notice of Appeal filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd USCA Case Number 09-2878, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
July 9, 2009 Opinion or Order Filing 35 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED that Frankfurt Kurnit Klein & Selz, P.C. will accept service of the Summons and Complaint with respect to all Defendants; 2. Defendants' time to answer, move or otherwise respond with respect to the summons and complaint filed by plaintiff Salinger in the above-referenced action (the "Summons and Complaint") be, and the same hereby is, adjourned to July 12, 2009; and 3. Except as specifically set forth above, nothing, contained herein shall constitute an admission of liability or a waiver of any right, remedy or defense by any party. (Signed by Judge Deborah A. Batts on 7/9/2009) (jfe)
July 9, 2009 Opinion or Order Filing 34 ORDER: Accordingly, the Court finds that there is no need for Plaintiff to post a bond pursuant to Rule 65(c). (Signed by Judge Deborah A. Batts on 7/9/2009) (jfe)
July 7, 2009 Opinion or Order Filing 33 TRANSCRIPT of proceedings held on June 17, 2009 before Judge Deborah A. Batts. (mro)
July 6, 2009 Opinion or Order Transmission of Notice of Appeal to the District Judge re: 32 Notice of Appeal. (tp)
July 6, 2009 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 31 Order, 30 Order, 4 Order, 21 Declaration in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 22 Declaration in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 13 Notice of Appearance filed by John Doe, Nicotext A.B, Windupbird Publishing Ltd, 23 Declaration in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 7 Affidavit in Support, filed by J.D. Salinger, 2 Rule 7.1 Corporate Disclosure Statement filed by J.D. Salinger, 6 Affidavit in Support, filed by J.D. Salinger, 29 Memorandum of Law in Opposition to Motion filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 27 MOTION in Limine to Strike certain Exhibits and Expert Declarations. filed by J.D. Salinger, 5 Brief filed by J.D. Salinger, 15 Notice of Appearance filed by John Doe, Nicotext A.B, Windupbird Publishing Ltd, 10 Notice of Appearance filed by ABP, Inc, 3 Order to Show Cause, Set Deadlines, filed by J.D. Salinger, 25 Memorandum of Law in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 9 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, 17 Declaration in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 12 Notice of Appearance filed by ABP, Inc, 26 Notice (Other), Notice (Other) filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 20 Declaration in Opposition, filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 18 Declaration in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 14 Notice of Appearance filed by John Doe, Nicotext A.B, Windupbird Publishing Ltd, 19 Declaration in Opposition, filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 16 Rule 7.1 Corporate Disclosure Statement filed by ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 1 Complaint filed by J.D. Salinger, 32 Notice of Appeal filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 24 Declaration in Opposition, filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 28 Order, 11 Notice of Appearance filed by ABP, Inc were transmitted to the U.S. Court of Appeals. (tp)
July 6, 2009 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 32 Notice of Appeal. (tp)
July 2, 2009 Opinion or Order Filing 32 NOTICE OF APPEAL from 31 Order, 30 Order. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. Filing fee $ 455.00, receipt number E 693278. (tp)
July 2, 2009 Opinion or Order Filing 31 MEMORANDUM & ORDER, that given the Court's finding that Plaintiff is likely to succeed on the merits of its Copyright claim, as well as the presumption of irreparable harm, the Court preliminarily enjoins Defendants from manufacturing, publishing, distributing, shipping, advertising, promoting, selling, or otherwise disseminating any copy of 60 Years or any portion thereof, in or to the United States. (Signed by Judge Deborah A. Batts on 7/2/09) (pl)
July 1, 2009 Opinion or Order Filing 30 ORDER: Given the Court's finding that Plaintiff is likely to succeed on the merits of its Copyright claim, as well as the presumption of irreparable harm, the Court preliminarily enjoins Defendants from manufacturing, publishing, distributing, shipping, advertising, promoting, selling, or otherwise disseminating any copy of 60 Years or any portion thereof, in or to the United States. (Signed by Judge Deborah A. Batts on 7/1/2009) (jpo)
June 23, 2009 Opinion or Order Filing 29 MEMORANDUM OF LAW in Opposition re: 27 MOTION in Limine to Strike certain Exhibits and Expert Declarations.. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Wogan, Maura)
June 19, 2009 Opinion or Order Filing 28 ORDER: On June 17, 2009, as stated on the record, the Court entered a Temporary Restraining Order, enjoining the Defendants from publishing, advertising, selling, or otherwise distributing the book 60 Years Later: Coming through the Rye, until July 1, 2009. (Signed by Judge Deborah A. Batts on 6/19/2009) (rw)
June 19, 2009 Opinion or Order Filing 27 MOTION in Limine to Strike certain Exhibits and Expert Declarations. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(Paul, Marcia)
June 15, 2009 Opinion or Order Filing 26 NOTICE of Appendix of Unreported Decisions in Support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 25 MEMORANDUM OF LAW in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 24 DECLARATION of Edward H. Rosenthal in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A, # 2 Exhibit B (part 1), # 3 Exhibit B (part 2), # 4 Exhibit B (part 3), # 5 Exhibit B (part 4), # 6 Exhibit C (part 1), # 7 Exhibit C (part 2), # 8 Exhibit C (part 3), # 9 Exhibit D (part 1), # 10 Exhibit D (part 2), # 11 Exhibit E (part 1), # 12 Exhibit E (part 2), # 13 Exhibit E (part 3), # 14 Exhibit E (part 4), # 15 Exhibit E (part 5), # 16 Exhibit E (part 6), # 17 Exhibit E (part 7), # 18 Exhibit E (part 8), # 19 Exhibit E (part 9), # 20 Exhibit E (part 10), # 21 Exhibit E (part 11), # 22 Exhibit F (part 1), # 23 Exhibit F (part 2), # 24 Exhibit F (part 3), # 25 Exhibit F (part 4), # 26 Exhibit G (part 1), # 27 Exhibit G (part 2), # 28 Exhibit G (part 3), # 29 Exhibit G (part 4))(Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 23 DECLARATION of Cameron A. Myler in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A)(Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 22 DECLARATION of Lukas Ortiz in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 21 DECLARATION of Sara Nelson in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 20 DECLARATION of Martha Woodmansee in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2))(Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 19 DECLARATION of Robert Spoo in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2))(Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 18 DECLARATION of Aaron Silverman in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 17 DECLARATION of Fredrik Colting in Opposition re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A)(Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ABP, Inc, Windupbird Publishing Ltd, Nicotext A.B.(Rosenthal, Edward)
June 15, 2009 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Cameron Ann Myler on behalf of John Doe, Windupbird Publishing Ltd, Nicotext A.B (Myler, Cameron)
June 15, 2009 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Maura Wogan on behalf of John Doe, Windupbird Publishing Ltd, Nicotext A.B (Wogan, Maura)
June 15, 2009 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of John Doe, Windupbird Publishing Ltd, Nicotext A.B (Rosenthal, Edward)
June 5, 2009 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Cameron Ann Myler on behalf of ABP, Inc (Myler, Cameron)
June 5, 2009 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Maura Wogan on behalf of ABP, Inc (Wogan, Maura)
June 5, 2009 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of ABP, Inc (Rosenthal, Edward)
June 5, 2009 Opinion or Order Filing 9 STIPULATION AND ORDER, that plaintiff's application by order to show cause for preliminary injunction is adjourned to and including 6/17/09 at 11:30 am. Answering papers of the defendants shall be served by email and/or by hand as appropriate to counsel for Salinger on or before 4:00 pm on 6/15/09. No Reply. ( Motion Hearing set for 6/17/2009 at 11:30 AM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 6/5/09) (cd)
June 3, 2009 Opinion or Order Filing 8 SEALED DOCUMENT placed in vault.(jri)
June 2, 2009 Opinion or Order Filing 7 AFFIDAVIT of MARCIA B. PAUL in Support re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1, # 4 Exhibit C, Part 2, # 5 Exhibit D, # 6 Exhibit E)(Choset, Kevan)
June 2, 2009 Opinion or Order Filing 6 AFFIDAVIT of PHYLLIS WESTBERG in Support re: 4 Order,. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Choset, Kevan)
June 2, 2009 Opinion or Order Filing 5 BRIEF re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by J.D. Salinger(Individually).(Choset, Kevan)
June 2, 2009 Opinion or Order Mailed notice to Register of Copyrights to report the filing of this action. (rdz)
June 1, 2009 Opinion or Order Filing 4 ORDER: The hearing on the Preliminary Injunction, scheduled June 1, 2009 for June 10, 2009 shall be held instead on Monday June 8, 2009 at 2:30 PM. Responsive papers are due Thursday evening by 5:00 PM. There shall be no Reply. SO ORDERED. (Signed by Judge Deborah A. Batts on 6/1/2009) (tve) Modified on 6/12/2009 (tve).
June 1, 2009 Opinion or Order Filing 3 ORDER TO SHOW CAUSE filed by J.D. Salinger. Defendants shall show cause as to why why an order should not be entered preliminarily enjoining and restraining defendants in the above-captioned action and each of them, and all those acting under their direction or pursuant to their control, from manufacturing, publishing, distributing, advertising, selling or otherwise disseminating a book entitled 60 Years Later: Coming through the Rye, authored by John Doe under the pseudonym J.D. California, published by defendants Nicotext A.B. and Windupbird Publishing Ltd. and, upon information and belief, to be distributed to booksellers in this country by defendant ABP, Inc. d/b/a SCB Distributors Inc.; and that due cause appearing therefor, the Clerk of the Court is directed that Exhibit B to the affidavit of Marcia B. Paul, sworn to June 1, 2009 may be filed under seal and Exhibits A and B thereto may be filed in hard copy. Show Cause Hearing set for 6/10/2009 at 02:00 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. Replies due by 6/8/2009. SO ORDERED. Show Cause Response due by 6/5/2009. (Signed by Judge Loretta A. Preska, Part I, on 6/1/2009) (tve) Modified on 6/12/2009 (tve).
June 1, 2009 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(rdz) (ama).
June 1, 2009 Opinion or Order Filing 1 COMPLAINT against ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Filing Fee $ 350.00, Receipt Number 689665)Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(rdz) (ama).
June 1, 2009 Opinion or Order SUMMONS ISSUED as to ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (rdz)
June 1, 2009 Opinion or Order Magistrate Judge Andrew J. Peck is so designated. (rdz)
June 1, 2009 Opinion or Order ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Kevan Daniel Choset for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 2 Rule 7.1 Corporate Disclosure Statement, 1 Complaint to: case_openings@nysd.uscourts.gov. (rdz)
June 1, 2009 Opinion or Order Case Designated ECF. (rdz)

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Plaintiff: J.D. Salinger
Represented By: Marcia Beth Paul
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Defendant: John Doe
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Defendant: Windupbird Publishing Ltd
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Defendant: Nicotext A.B
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Defendant: ABP, Inc
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