In Re: Electronic Books Antitrust Litigation Featured Case Has Decisions

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Plaintiffs: Shilpa Grover , Fredric A. Press , Anthony Petru , Jeffrey Evans , Clarissa Weiss , Rhonda Burstein , Juan Sotomayor , Robert Cheatham , John T. Meyer , Paul Meyer , Paul J. Meyer , Liana Lingofelt , Marcia Greene , Aubrie Ann Jones , David Yastrab , Cyrus Joubin , Brian Brown , Harrison Goldman , Kevin Rader-Rhodenbaugh , Brian McGee , Carol Ness , Katrina Key , Patsy Diamond , Marcus Mathis , Eugenia Ruane-Gonzales , Steven Rivers , Christian Gilstrap , Cynthia J. Tyler , Thomas Friedman , Jeremy Sheppeck , Aloysius J. Brown, Iii , Anne M. Rinaldi , Laura J. Warner , Barbara Heath , Kathleen Linda Pitlock , Kathleen Weiss , Matthew A. Hosking , Diane Urbanec , Ed Macauley , Ronna Hamelin , James L. Nesmith , Lauren Albert , Sue Roberts , Shane S. Davis , Sue Ellen Gordon , Charles Leonard Pelton, Sr. , Kimberly Whiteside Brooks , Steven D. Campbell , Jessica Moyer , Andreas Albeck , Rebecca L. Rossman , Miriam Cummings , Carole C. Kehl , Kamal Sonti , Gretchen Ulbee , Chad Miller , Grace Hoke  and Susan Horowitz 
Defendants: MacMillian, Inc , Harpercollins Publishers , Penguin Group USA, Inc. , Random House Inc. , Apple Inc. , Hachette Book Group , Simon & Schuster , Amazon.Com, Inc. , Barnes & Noble Inc. , Harpercollins publishers, inc.;  and Macmillan Publishers, Inc..
Movant: Katrina Key 
 
Case Number: 1:2011md02293
Filed: December 9, 2011
 
Court: New York Southern District Court
Office: Foley Square         Office
County: NewYork
Presiding Judge: Denise L. Cote
 
Nature of Suit: Other Statutes - Antitrust
Cause: 15:1
Jurisdiction: Federal Question        
Jury Demanded By: Plaintiff        
 
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Docket Report

We have record of the following docket entries for this case.
Date Filed#Document Text
May 22, 2013349ENDORSED LETTER addressed to Judge Cote from Rebecca Fisher, Doreen C. Johnson, Gary M. Becker, Jeff D. Friedman dated 5/22/2013 re: On behalf of Plaintiff States and Settlement Class, we request a thirty-day extension to file our Motion for Preliminary Approval of the settlement between Plaintiffs and Holtzbrinck Publishers, LLC, d/b/a Macmillan. ENDORSEMENT: Preliminary approval papers are due 6/21/13. (Signed by Judge Denise L. Cote on 5/22/2013) (gr)
May 22, 2013348ENDORSED LETTER addressed to Judge cote from Daniel F. McInnis dated 5/22/2013 re: we respectfully withdraw all pending motions. See Dkt. No 335; Dkt No.337. ENDORSEMENT: The two motions--335 and 337--filed in 11 MD 2293 are deemed withdrawn. Penquin is not required to attend the 5/23 pretrial conference and will not be offering its evidence at the trial. (Signed by Judge Denise L. Cote on 5/22/2013) (gr)
May 21, 2013347Letter addressed to Judge Cote from Elizabeth A. McNamara dated 2/26/2013 re: We represent non-party Walter Isaacson and we write to report that pursuant to stipulation, Plaintiffs have agreed to withdraw the subpoenas to Mr. Isaacson. Accordingly, there is no need for the hearing scheduled for this afternoon at 4 p.m. on the discovery dispute with Mr. Isaacson. (gr)
May 17, 2013346Letter addressed to Judge Cote from Michael E. Kipling dated 5/15/2013 re: I am writing on behalf of non-party Amazon.com Inc. It had been our understanding of the Court's directions from May 8 that, after Amazon served its proposed redactions to the pretrial filings, the parties were to meet and confer to discuss (and resolve, to the extent possible) the redactions prior to the time they were submitted to the Court. (gr)
May 17, 2013345Letter addressed to Judge Cote from Michael E. Kipling dated 5/14/2013 re: I am writing on behalf of non-party Amazon.com, Inc., regarding certain highly confidential information contained in one of Penquin's pretrial submissions. (gr)
May 17, 2013344Letter addressed to Judge Cote from Michael E. Kipling dated 5/14/2013 re: I am writing on behalf of non-party Amazon.com, Inc., regarding a matter of critical importance. Several of the pretrial papers submitted by Apple contain Amazon's highly confidential proprietary business information, the public disclosure of which would significantly harm Amazon's competitive standing. (gr)
May 15, 2013343JOINDER to join Apple Inc.'s Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013342JOINDER to join re: (205 in 1:12-cv-03394-DLC) MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF PROFESSORS BAKER AND ASHENFELTER.. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013341REPLY MEMORANDUM OF LAW in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013340REPLY MEMORANDUM OF LAW in Support re: (211 in 1:12-cv-03394-DLC, 335 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013339DECLARATION of Allison Sheedy in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013338MEMORANDUM OF LAW in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013337MOTION to Compel Arbitration. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013336MEMORANDUM OF LAW in Support re: (211 in 1:12-cv-03394-DLC, 335 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 15, 2013335MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 14, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mollie Mcgowan Lemberg to RE-FILE Document (332 in 1:11-md-02293-DLC, 207 in 1:12-cv-03394-DLC) Reply to Response to Motion, (208 in 1:12-cv-03394-DLC, 333 in 1:11-md-02293-DLC) Reply Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi)
May 14, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Mollie Mcgowan Lemberg to RE-FILE Document (203 in 1:12-cv-03394-DLC, 330 in 1:11-md-02293-DLC) MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter., (210 in 1:12-cv-03394-DLC, 334 in 1:11-md-02293-DLC) MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. Use the event type Joinder found under the event list Other Documents. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi)
May 14, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mollie Mcgowan Lemberg to RE-FILE Document (329 in 1:11-md-02293-DLC, 202 in 1:12-cv-03394-DLC) MOTION to Compel Arbitration., (328 in 1:11-md-02293-DLC, 201 in 1:12-cv-03394-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi)
May 14, 2013334FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi).
May 14, 2013333FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: (329 in 1:11-md-02293-DLC, 202 in 1:12-cv-03394-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi).
May 14, 2013332FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: (201 in 1:12-cv-03394-DLC, 328 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi).
May 14, 2013331OPPOSITION BRIEF re: (189 in 1:12-cv-03394-DLC, 320 in 1:11-md-02293-DLC) Pretrial Memorandum. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 14, 2013330FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi).
May 14, 2013329FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Arbitration. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Declaration of Allison Sheedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi).
May 14, 2013328FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi).
May 14, 2013327PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Penguin Group (USA) Inc..Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 14, 2013326PRETRIAL MEMORANDUM. Document filed by Penguin Group (USA) Inc..Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
May 14, 2013325ENDORSED LETTER addressed to Judge Cote from Daniel F. McInnis dated 5/14/2013 re: Penquin has conferred with all third parties whose documents or data are referenced in Penquin's pre-trial submissions. Penquin is prepared to publically file on ECF the documents listed in their letter. ENDORSEMENT: The documents on the first page may be promptly filed. The two documents listed on the second page shall be filed in redacted form. The Court shall promptly review the redacted material. (Signed by Judge Denise L. Cote on 5/14/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(gr)
May 14, 2013324PRETRIAL MEMORANDUM. Document filed by The State of Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33)Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 14, 2013323OPPOSITION BRIEF Plaintiff States' Response to Penguin's Motion to Compel Arbitration. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 14, 2013322OPPOSITION BRIEF Plaintiff States' Response to Apple Inc.'s Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 14, 2013321OPPOSITION BRIEF Plaintiff States' Response to Penguin's Memorandum of Law. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 14, 2013320PRETRIAL MEMORANDUM. Document filed by The State of Texas.Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 7, 2013319Court Opinion or Order ORDER in case 1:11-cv-05576-DLC; granting (318) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (180) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09204-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09350-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-06625-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC et al.(Cote, Denise)
May 7, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 318 MOTION for Cynthia E. Richman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8485125. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa)
May 6, 2013318MOTION for Cynthia E. Richman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8485125. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc., Apple Inc.. (Attachments: # 1 Declaration of Orin S. Snyder, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Snyder, Orin)
May 6, 2013317NOTICE OF APPEARANCE by Lisa Heather Rubin on behalf of Apple, Inc., Apple Inc. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Rubin, Lisa)
May 6, 2013316NOTICE OF APPEARANCE by Orin Snyder on behalf of Apple, Inc., Apple Inc. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Snyder, Orin)
April 26, 2013315Court Opinion or Order ORDER: By letter dated April 25, 2013, plaintiffs in the above-captioned actions inform the Court that they have executed a settlement agreement as to defendants Holtzbrinck Publishers, LLC d/b/a/ Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH (collectively, "Macmillan"). It is hereby ORDERED that plaintiffs shall file any motion for preliminary approval of a settlement as to Macmillan by May 24, 2013., ( Motions due by 5/24/2013.) (Signed by Judge Denise L. Cote on 4/26/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)
April 26, 2013 ***DELETED DOCUMENT. Deleted document number 315 Order. The document was incorrectly filed in this case. (lmb)
April 26, 2013314Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 4/25/2013 re: On behalf of counsel for Plaintiff States, Settlement Class and Macmillan, I am pleased to report we have executed a Settlement Agreement. In the meantime, the parties to this Settlement Agreement request your approval of the Joint Stipulation Adjourning Pre-trial Deadlines Concerning Defendants Holtzbrinck Publishers, LLC d/b/a Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH which was filed with the clerk yesterday. Document filed by The State of Texas.(lmb)
April 24, 2013313Court Opinion or Order OPINION AND ORDER re: (150 in 1:12-cv-03394-DLC, 300 in 1:11-md-02293-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS filed by Penguin Group (USA) Inc. Penguin's March 15, 2013 motion for a jury trial on the States' claims is denied. (Signed by Judge Denise L. Cote on 4/24/2013) (lmb)
April 5, 2013312REPLY MEMORANDUM OF LAW in Support re: (152 in 1:12-cv-03394-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
April 5, 2013311REPLY MEMORANDUM OF LAW in Support re: (150 in 1:12-cv-03394-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
April 5, 2013310NOTICE OF APPEARANCE by Lynette Renee Bakker on behalf of The State of Kansas Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Bakker, Lynette)
March 29, 2013309DECLARATION of David Ashton in Support re: (157 in 1:12-cv-03394-DLC) Memorandum of Law in Opposition to Motion. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David)
March 29, 2013308MEMORANDUM OF LAW in Opposition re: (150 in 1:12-cv-03394-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David)
March 29, 2013307Court Opinion or Order ORDER granting (305) Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (154) Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:12-cv-03394-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Cote, Denise)
March 28, 2013306MEMORANDUM OF LAW in Opposition re: (152 in 1:12-cv-03394-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
March 27, 2013305MOTION for Mollie McGowan Lemberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8362913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Penguin Group (USA) Inc., Penguin Group USA, Inc., The Penguin Group. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Text of Proposed Order, # 3 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie)
March 20, 2013304NOTICE of Substitution of Attorney. Old Attorney: Matthew Jackson, New Attorney: Nicholas M. Sydow, Address: Office of the New Mexico Attorney General, P.O. Drawer 1508, Santa Fe, New Mexico, USA 87504-1508, 505-827-6021. Document filed by The State of New Mexico. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Sydow, Nicholas)
March 15, 2013303MEMORANDUM OF LAW in Support re: (152 in 1:12-cv-03394-DLC, 302 in 1:11-md-02293-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel)
March 15, 2013302MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. Document filed by Penguin Group (USA) Inc.. Return Date set for 3/29/2013 at 11:59 PM.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel)
March 15, 2013301MEMORANDUM OF LAW in Support re: (150 in 1:12-cv-03394-DLC, 300 in 1:11-md-02293-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel)
March 15, 2013300MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS. Document filed by Penguin Group (USA) Inc.. Return Date set for 3/29/2013 at 11:59 PM.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel)
March 1, 2013299Letter addressed to Judge Cote from Walter Isaacson (Elizabeth A. McNamara) dated 2/26/2013 re: Isaacson discovery dispute. We represent non-party Walter Isaacson and we write to report that pursuant to stipulation, Plaintiffs have agreed to withdraw the subpoenas to Mr. Isaacson. Accordingly there is no need for the hearing scheduled for this afternoon at 4 p.m. on the discovery dispute with Mr. Isaacson. (cr)
March 1, 2013298Letter addressed to Judge Cote from Class Plaintiffs (Steve W. Berman) dated 2/20/2013 re: Isaacson discovery dispute. In response to Apple's letter dated February 20, 2013, in connection with plaintiffs' discovery motion involving Mr. Isaacson, please see the attached excerpt of testimony Apple provided on December 13, 2012. (Attachments: #(1) Exhibit Attachment 1) (cr)
March 1, 2013297Letter addressed to Judge Cote from Apple, Inc. (Orin Snyder) dated 2/20/2013 re: Isaacson discovery dispute. Document filed by Apple Inc. On behalf of Apple and in advance of the teleconference, we respectfully submit this letter in response to Class Plaintiff's February 13, 2013 letter seeking document discovery and testimony from Walter Isaacson. (cr)
March 1, 2013296Letter addressed to Judge Cote from Walter Isaacson (Elizabeth A. McNamara) dated 2/18/2013 re: Isaacson discovery dispute. We represent non-party Walter Isaacson and this letter responds to the February 13, 2013 letter from counsel for Class Plaintiffs which seeks to enforce two subpoenas directed to Mr. Isaacson. (cr)
March 1, 2013295Letter addressed to Judge Cote from Class Plaintiffs (Steve W. Berman) dated 2/13/2013 re: Isaacson discovery dispute. Pursuant to the Court's July 20, 2012 Order, Class Plaintiffs respectfully renew their discovery request from Walter Isaacson, Steve Jobs' biographer. (Attachments: #(1) Exhibit Attachment A, #(2) Exhibit Attachment B, #(3) Exhibit Attachment C, #(4) Exhibit Attachment D, #(5) Exhibit Attachment E) (cr)
February 27, 2013294Court Opinion or Order ORDER: It is hereby ORDERED that defendant Apple's challenge to non-party Amazon's invocation of the attorney-client privilege is denied. IT IS FURTHER ORDERED that defendant Penguin's request not to participate in the June 2013 trial is denied. IT IS FURTHER ORDERED that Penguin shall provide its initial witness list by March 1, 2013. To the extent that Penguin wishes to file a motion (i) to assert its right not to defend against the lawsuit brought by plaintiff States at the June 2013 trial and/or (ii) to request to hear live direct testimony of two Penguin executives in exception to the Court's Individual Practices, that motion is due March 15, 2013. Opposition by plaintiff States and by any parties in related litigation is due March 29, 2013. Penguin's reply, if any, is due April 5, 2013. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. ( Motions due by 3/15/2013., Responses due by 3/29/2013., Replies due by 4/5/2013.) (Signed by Judge Denise L. Cote on 2/27/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb)
February 27, 2013293Letter addressed to Judge Cote from State of Texas (Eric Lipman) dated 2/25/2013 re: Penguin participation in June trial. Document filed by The State of Texas. (cr)
February 27, 2013292Letter addressed to Judge Cote from Penguin (Daniel McInnis) dated 2/22/2013 re: Penguin participation in June trial. Document filed by Penguin Group (USA) Inc. (cr)
February 27, 2013291Letter addressed to Judge Cote from Amazon.com, Inc. (Michael Kipling) dated 2/19/2013 re: Apple/Amazon discovery dispute. Document filed by Amazon.Com, Inc. (Attachments: #(1) Exhibit Zapolsky Decl., #(2) Exhibit A, #(3) Exhibit B, #(4) Exhibit C) (cr)
February 27, 2013290Letter addressed to Judge Cote from Apple, Inc. (Richard Parker) dated 2/14/2013 re: Apple/Amazon Discovery Dispute. Document filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(cr)
February 25, 2013289Court Opinion or Order ORDER: It is hereby ORDERED that Apple's February 14 redaction requests and Amazon's February 19 redaction requests are denied. Apple and Amazon will be given an opportunity at the 4:30 p.m. Conference to explain why any of their proposed redactions should be made. IT IS FURTHER ORDERED that the Court will also discuss at the 4:30 p.m. Conference (i) class plaintiffs' discovery dispute with Penguin, and (ii) Penguin's participation in the June 2013 trial. (Signed by Judge Denise L. Cote on 2/25/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb)
February 22, 2013288NOTICE OF CHANGE OF ADDRESS by Devin M. Laiho on behalf of The State of Colorado. New Address: Colorado Department of Law, Consumer Protection, 1300 Broadway, Seventh Floor, Denver, CO, USA 80203, 720-508-6000. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Laiho, Devin)
February 21, 2013287Court Opinion or Order ORDER: that the February 22 teleconferences are adjourned to February 26. The teleconference regarding the discovery dispute with Isaacson will be held on February 26 at 4:00 p.m. The teleconference regarding the discovery dispute with Amazon will be held on February 26 at 4:30 p.m. Counsel representing parties in any related litigation may also participate in these teleconferences. (Telephone Conference set for 2/26/2013 at 04:00 PM before Judge Denise L. Cote., Telephone Conference set for 2/26/2013 at 04:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/21/2013) (jcs)
February 20, 2013286SEALED DOCUMENT placed in vault.(nm)
February 19, 2013285Court Opinion or Order ORDER: By letter dated February 13, 2013, class plaintiffs request the Court's assistance in settling a discovery dispute with respect to non-party Walter Isaacson ("Isaacson"). Having reviewed class plaintiffs' February 13 letter and the letter in response submitted by counsel for Isaacson on February 18, it is hereby ORDERED that a teleconference regarding the discovery dispute with Isaacson will be held on Friday, February 22 at 3:30p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jcs)
February 15, 2013284Court Opinion or Order ORDER GRANTING MOTION TO WITHDRAW ATTORNEY APPEARANCE: in case 1:11-cv-05576-DLC; granting (282) Motion to Withdraw as Attorney. BEFORE THE COURT is a Motion by Hollis Salzman, Kellie Lerner and Bernard Persky to withdraw their appearances as Counsel for Plaintiffs. The motion is GRANTED. Hollis Salzman, Kellie Lerner and Bernard Persky shall be removed as attorneys for Plaintiffs. I direct the clerk to terminate all ECF noticing for them in the above referenced action.(Signed by Judge Denise L. Cote on 2/15/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ama)
February 15, 2013283NOTICE OF CHANGE OF ADDRESS by Jay L. Himes on behalf of Robert Cheatham. New Address: Labaton Sucharow LLP, 140 Broadway, New York, New York, USA 10005, 212-907-0834. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay)
February 15, 2013282MOTION for Hollis Salzman, Kellie Lerner and Bernard Persky to Withdraw as Attorney. Document filed by Robert Cheatham.(Salzman, Hollis)
February 15, 2013281Court Opinion or Order AGREED ORDER FOR CONFIDENTIALITY RELATED TO INFORMATION PROVIDED UNDER ORDER AND STIPULATED INJUCTION...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Denise L. Cote on 2/15/2013) filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(djc)
February 15, 2013280NOTICE OF APPEARANCE by Jay L. Himes on behalf of Robert Cheatham Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay)
February 8, 2013279FINAL JUDGMENT settling action. (Signed by Judge Denise L. Cote on 2/8/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(ml)
February 8, 2013278Court Opinion or Order ORDER AND STIPULATED INJUNCTION: NOW THEREFORE, before any testimony is taken, without trial or adjudication of any issue of fact or law, and upon consent of Defendants, it is ORDERED, ADJUDGED, AND DECREED:This Court has jurisdiction over the subject matter of this action and over the Defendants. The Complaint states a claim upon which relief may be granted against Defendants under Section 1 of the Sherman Act, as amended, 15 U.S.C. § 1. Unless this Court grants an extension, this Order and Stipulated Injunction shall expire five years from the date of the entry of the DOJ Final Judgment (Signed by Judge Denise L. Cote on 2/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(js)
January 28, 2013277MOTION for and Memorandum in Support of Final Approval of Settlement Agreements and Revised Distribution Plan. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Buchweitz, Yehudah)
January 18, 2013276NOTICE OF APPEARANCE by Bryan Lewis Bloom on behalf of Hachette Book Group, Inc (Bloom, Bryan)
January 17, 2013275ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 1/16/2013 re: Penguin writes in response to Plaintiff States letter dated 1/15/2012. ENDORSEMENT: The conference call with the Court will take place on 1/22 at 4:00 pm. ( Telephone Conference set for 1/22/2013 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/17/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(cd)
January 15, 2013274ENDORSED LETTER addressed to Judge Denise L. Cote from Jeffrey B. Dubner dated 1/14/13 re: Counsel writes to request that the conference scheduled for January 17 be taken off the calendar. ENDORSEMENT: The conference is cancelled. (Signed by Judge Denise L. Cote on 1/14/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro)
January 8, 2013273NOTICE OF APPEARANCE by Michael Jarrett Allan on behalf of Baker & Taylor, Inc. (Allan, Michael)
January 8, 2013272NOTICE OF APPEARANCE by Evan Glassman on behalf of Baker & Taylor, Inc. (Glassman, Evan)
January 8, 2013271Court Opinion or Order ORDER: By letter dated January 7, 2013, class plaintiffs request the Court's assistance in enforcing a subpoena served by plaintiffs on non-party Baker & Taylor, Inc. ("Baker & Taylor") It is hereby ORDERED that a teleconference regarding the enforcement of the Baker & Taylor subpoena will be held on Thursday, January 17 at 3:30 p.m. IT IS FURTHER ORDERED that class plaintiffs and Baker & Taylor shall confer with each other in advance of the January 17 teleconference. Counsel representing parties in any related litigation may also participate in the teleconference., ( Telephone Conference set for 1/17/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)
December 19, 2012270Court Opinion or Order JOINT STIPULATION AND ORDER REGARDING DATE FOR EXCHANGE OF TRIAL WITNESS LISTS: WHEREAS, Attachment A to the Revised Joint Initial Report, entered on July 6, 2012,currently sets a date of December 18,2012 for the exchange of initial trial witness lists between the parties (Docket No. 111-1 ); WHEREAS, such date was mutually agreed to by the parties; NOW, THEREFORE, the parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate that the date for exchange of initial trial witness lists for the trial commencing June 3, 2013 shall be changed to February 15, 2013. For the avoidance of doubt, this stipulation does not pertain to the trial in the class litigation, In re Electronic Books Antitrust Litigation, 11-md-02293, or to any trial on damages in the States' action, State of Texas et al. v. Penguin Group (USA), Inc. et al., 12-cv-03394. (Signed by Judge Denise L. Cote on 12/19/12) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(ago) Modified on 12/26/2012 (ago).
December 3, 2012269NOTICE OF CHANGE OF ADDRESS by Erin C Burns on behalf of Brian McGee, Carol Ness. New Address: NastLaw LLC, 1101 Market Street, Suite 2801, Philadelphia, Pennsylvania, USA 19107, 215-923-9300. Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Burns, Erin)
December 3, 2012268NOTICE OF CHANGE OF ADDRESS by Dianne M. Nast on behalf of Brian McGee, Carol Ness. New Address: NastLaw LLC, 1101 Market Street, Suite 2801, Philadelphia, Pennsylvania, USA 19107, 215-923-9300. Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Nast, Dianne)
November 30, 2012267Court Opinion or Order SUPPLEMENTAL STIPULATED PROTECTIVE ORDER RE: AMAZON DATA PRODUCTION... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 11/30/2012) (rjm)
November 14, 2012266NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 10/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)
November 14, 2012265Redaction of (72 in 1:11-cv-06019-DLC, 49 in 1:11-cv-09567-DLC, 68 in 1:11-cv-09564-DLC, 110 in 1:11-cv-09016-DLC, 54 in 1:11-cv-09562-DLC, 68 in 1:11-cv-09566-DLC, 62 in 1:11-cv-09559-DLC, 61 in 1:11-cv-09565-DLC, 79 in 1:11-cv-05609-DLC, 95 in 1:11-cv-05707-DLC, 54 in 1:12-cv-06625-DLC, 96 in 1:11-cv-05576-DLC, 78 in 1:11-cv-05750-DLC, 67 in 1:11-cv-05976-DLC, 54 in 1:11-cv-08329-DLC, 70 in 1:11-cv-07507-DLC, 58 in 1:11-cv-09561-DLC, 65 in 1:11-cv-06079-DLC, 73 in 1:11-cv-09014-DLC, 40 in 1:12-cv-00476-DLC, 56 in 1:11-cv-08608-DLC, 67 in 1:11-cv-05898-DLC, 147 in 1:12-cv-02826-DLC, 61 in 1:11-cv-07534-DLC, 68 in 1:11-cv-05896-DLC, 256 in 1:11-md-02293-DLC, 60 in 1:11-cv-07323-DLC, 58 in 1:11-cv-09560-DLC, 95 in 1:11-cv-05621-DLC, 129 in 1:12-cv-03394-DLC, 62 in 1:11-cv-09563-DLC) Transcript,, Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)
October 26, 2012264Letter addressed to Judge Denise L. Cote from Orin Snyder dated 10/25/2012 re: Non-settling parties propose that class certification briefing be postponed until after the conclusion of the trial in this matter. (ad)
October 26, 2012263Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/18/2012 re: Apple opposes DOJ's request for an extension of the trial date from early June to 9/2013. Document filed by Apple, Inc.(ad)
October 26, 2012262Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 10/17/2012 re: The United States request that the Court extend the cutoff for fact and expert discovery until 6/21/2013, and adjust all remaining dates accordingly. (ad)
October 26, 2012261Letter addressed to Judge Denise L. Cote from Daniel F. McInnis dated 10/25/2012 re: Request for a premotion conference. Document filed by Penguin Group (USA), Inc.Filed In Associated Cases: 1:11-md-02293-DLC et al.(ad)
October 26, 2012260Letter addressed to Judge Denise L. Cote from Michael E. Kipling dated 10/16/2012 re: In response to Apple's 10/15/12 letter to the Court. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(ad)
October 26, 2012259Letter addressed to Judge Denise L. Cote from Michael E. Kipling dated 10/15/2012 re: Search terms Amazon has agreed to run with hits broken out by the five custodians. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(ad)
October 25, 2012258ENDORSED LETTER addressed to Judge Denise L Cote from Michael E. Kipling dated 10/19/2012 re: Request to redact the following portion of the October 9 hearing transcript: p. 35, line 21- p. 36, line 7. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/25/2012) (cd)
October 24, 2012257NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-05576-DLC(McGuirk, Kelly)
October 24, 2012256TRANSCRIPT of Proceedings re: conference held on 10/9/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)
October 19, 2012255Court Opinion or Order ORDER. The three above-captioned actions are related. It is hereby ORDERED that the Clerk of Court shall assign In re: Amazon.com, 12 MC 351 (DLC), for all purposes to this Court's docket. (Signed by Judge Denise L. Cote on 10/19/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(rjm)
October 18, 2012254Letter addressed to Judge Denise L. Cote from Joel M. Mitnick dated 10/17/2012 re: I write on behalf of defendants Holtzbrinck Publishers, LLC d/b/a Macmillan ("Macmillan") and Verlagsgruppe Georg von Holtzbrinck GmbH ("VGvH") in response to the letters submitted on October 15, 2012 by the Department of Justice and the Plaintiff States. At a conference with all parties on October 9, 2012, Your Honor directed the Department of Justice and the Plaintiff States to provide the Court and Defendants with a clear statement as to whether they plan to challenge the bona fides of the agency distribution contracts between the Publisher Defendants and Apple for the distribution of each Publisher Defendant's trade eBooks in the United States. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(rjm)
October 17, 2012253Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 10/17/2012 re: As requested during the October 9, 2012 conference call with the Court, Penguin Group (USA), Inc. writes in response to the letters to Your Honor from the United States and the Plaintiff States regarding their respective positions on the genuineness of Penguin's agency relationships with its eBook distributors, and Penguin's standpoint on whether we will agree to waive a potential defense at this point in the litigation, apparently so that Class Plaintiffs can avoid discovery into currently-named plaintiffs by dropping them from the case. (rjm)
October 17, 2012252Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/17/2012 re: This letter will respond to the letters dated October 15, 2012 from the Department of Justice and the Plaintiff States setting forth their positions as to whether the bilateral agency agreements between Apple and the defendant book publishers established genuine agency relationships. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(rjm)
October 16, 2012251NOTICE OF APPEARANCE by Jonathan Adam Mark on behalf of The State of Washington Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Mark, Jonathan)
October 16, 2012250Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 10/15/2012 re: I write in response to the Defendants' request during the October 9, 2012 telephone conference that the Plaintiff States clarify their position as to whether Penguin and Macmillan's e-book distribution contracts with Apple establish "genuine" agency relationships between the publishers and Apple. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rjm)
October 12, 2012249NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/10/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)
October 12, 2012248TRANSCRIPT of Proceedings re: CONFERNCE held on 9/10/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly)
October 11, 2012247NOTICE OF APPEARANCE by Chuck R. Munson on behalf of The State of Montana Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Munson, Chuck)
October 10, 2012246NOTICE OF APPEARANCE by Charles Edmond Brasington on behalf of The Commonwealth of the Northern Mariana Islands Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Brasington, Charles)
October 10, 2012245NOTICE OF APPEARANCE by Rhaiza Velez on behalf of The Commonwealth of Puerto Rico Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Velez, Rhaiza)
October 9, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/9/2012. (Court Reporter Ann Hairston) Associated Cases: 1:11-md-02293-DLC et al.(gr)
October 9, 2012244NOTICE OF APPEARANCE by Rodney I. Kimura on behalf of The State of Hawaii Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Kimura, Rodney)
October 9, 2012243NOTICE OF APPEARANCE by Sarah Oxenham Allen on behalf of The Commonwealth of Virginia Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Allen, Sarah)
October 9, 2012242NOTICE OF APPEARANCE by James M. Steinwinder on behalf of The State of Alabama Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Steinwinder, James)
October 9, 2012241NOTICE OF APPEARANCE by Christina Moylan on behalf of The State of Maine Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Moylan, Christina)
October 9, 2012240NOTICE OF APPEARANCE by Eric Stephen Wolfish on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Wolfish, Eric)
October 9, 2012239NOTICE OF APPEARANCE by Kevin Wells on behalf of The State of Arkansas (Wells, Kevin)
October 9, 2012238NOTICE OF APPEARANCE by Lizabeth Ann Brady on behalf of The State of Florida (Brady, Lizabeth)
October 9, 2012237NOTICE OF APPEARANCE by Jah-Juin Ho on behalf of The State of New Jersey Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Ho, Jah-Juin)
October 8, 2012236NOTICE OF APPEARANCE by Paula Lauren Gibson on behalf of The State of California Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Gibson, Paula)
October 8, 2012235NOTICE OF APPEARANCE by Brian Gerard Armstrong on behalf of The State of Nevada Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Armstrong, Brian)
October 8, 2012234NOTICE OF APPEARANCE by Michael Allen Kakuk on behalf of The State of Oregon Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Kakuk, Michael)
October 8, 2012233NOTICE OF APPEARANCE by Gwendolyn Jean Cooley on behalf of The State of Wisconsin Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Cooley, Gwendolyn)
October 8, 2012232NOTICE OF APPEARANCE by Jenny Draffin Smith on behalf of The State of South Carolina Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Smith, Jenny)
October 8, 2012231NOTICE OF APPEARANCE by Michael Andrew Delaware Department of Justice on behalf of The State of Delaware Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Delaware Department of Justice, Michael)
October 8, 2012230NOTICE OF APPEARANCE by Elin S Alm on behalf of The State of North Dakota Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Alm, Elin)
October 5, 2012229NOTICE OF APPEARANCE by James Palmer on behalf of The State of Utah Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Palmer, James)
October 5, 2012228NOTICE OF APPEARANCE by Matthew Ryan Hull on behalf of The Commonwealth of Virginia Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Hull, Matthew)
October 5, 2012227NOTICE OF APPEARANCE by Gregory John Walklin on behalf of The State of Nebraska (Attachments: # 1 Supplement)(Walklin, Gregory)
October 2, 2012226STATUS REPORT. re Settlement Distribution and Notice Plans Document filed by The State of Texas. (Attachments: # 1 Exhibit Revised Distribution Plan, # 2 Exhibit Revised Notice Plan)(Fisher, Rebecca)
September 25, 2012225NOTICE OF CHANGE OF ADDRESS by Joseph Peter Guglielmo on behalf of Katrina Key. New Address: Scott+Scott LLP, 405 Lexington Ave., 40th Floor, New York, NY, 10174, 212-223-6444. (Guglielmo, Joseph)
September 20, 2012224Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 9/20/2012 re: Class Plaintiffs write in response to Penguin's letter of September 19, 2012. Penguin's request to delay class certification is unwarranted. Penguin made no effort to confer with Class Plaintiffs or the Litigating States before contacting the Co mi. Had Penguin done so, it may not have caused the Court to expend resources on this issue. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jfe)
September 20, 2012223Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 9/20/2012 re: The Plaintiff States1 write to clarify certain issues raised in Dan McInnis's September 19, 2012 letter to the Court on behalf of Penguin Group (USA) Inc. Penguin's letter conflates two separate actions that have been consolidated under the above-referenced MDL case number. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(jfe)
September 20, 2012222ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 9/19/2012 re: Counsel writes regarding the Court's preliminary approval of the state settlement (DE 221) and its effect upon the schedule for class certification. Penguin therefore respectfully asks that class certification briefing and decision thereon be postponed until after final settlements between the settling Defendants and the states are approved, or that the Court otherwise provide guidance on how it intends any such class certification process to proceed in light of the foregoing. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 9/20/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(jfe)
September 18, 2012219ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew J. Frackman dated 9/17/2012 re: Counsel writes in response to Amazon's September 14 letter. We disagree with Amazon and believe the case authority shows that this Court, where the MDL is pending, has jurisdiction over discovery disputes. We enclose a courtesy copy of the notice we have filed in the Western District of Washington that sets forth the relevant case authority. ENDORSEMENT: This Court shall promptly address the discovery dispute in the event it is transferred form the Western District of Washington. (Signed by Judge Denise L. Cote on 9/18/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC (djc)
September 17, 2012221Court Opinion or Order [CORRECTED] ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS: re: (15 in 1:12-cv-06625-DLC. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order, and as further set forth. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on February 8, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlements, the dismissal with prejudice of this action as to the Defendants, and the entry of final judgment in this action, and as further set forth. ( Fairness Hearing set for 2/8/2013 at 10:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/17/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC (djc)
September 17, 2012220Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/17/2012 re: Liaison Counsel for Plaintiff States received the signed Order Preliminarily Approving the Proposed Settlements last Friday. We greatly appreciate the opportunity to proceed to give notice of the settlements to consumers and will do so will all diligence.(djc)
September 17, 2012 ***DELETED DOCUMENT. Deleted document number 218 ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS The document was incorrectly filed in this case. (djc)
September 14, 2012217ANSWER to 47 Amended Complaint,,. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..(Buchweitz, Yehudah)
September 14, 2012216ANSWER to 47 Amended Complaint,, with JURY DEMAND. Document filed by HarperCollins Publishers L.L.C..(Goldfein, Shepard)
September 14, 2012215ANSWER to 47 Amended Complaint,,. Document filed by Hachette Book Group, Inc, Hachette Digital, Inc., Hachette Livre SA.(Stuart, Walter)
September 14, 2012214SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (3 in 1:12-cv-06625-DLC) MOTION to Approve of Settlements and Proposed Notice and Distribution Plans. (SECOND SUPPLEMENTAL MEMO AND SUPPLEMENTAL APPENDICES). Document filed by The State of Texas. (Attachments: # 1 Supplement Appendix H, # 2 Supplement Appendix J, # 3 Supplement Appendix K, # 4 Supplement Appendix L)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca)
September 14, 2012213SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (3 in 1:12-cv-06625-DLC) MOTION to Approve of Settlements and Proposed Notice and Distribution Plans.. Document filed by The State of Texas. (Attachments: # 1 Appendix F, # 2 Appendix H, # 3 Appendix J, # 4 Appendix K, # 5 Affidavit L)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca)
September 13, 2012212Court Opinion or Order ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order, and as further set forth. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on February 8, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlements, the dismissal with prejudice of this action as to the Defendants, and the entry of final judgment in this action, and as further set forth. (Fairness Hearing set for 2/8/2013 at 10:00 AM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/13/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(rjm)
September 13, 2012211Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/13/2012 re: In response to comments you made during our call yesterday, Plaintiff States revised and attach (to the cover email for this letter) the following revised documents: 1) Exhibits A, B, and D to the Notice Plan (Appendix H to Memorandum in Support of Plaintiff States' Motion for Preliminary Approval of Settlements and Proposed Consumer Notice and Distribution Plans); 2) The Proposed Order for Preliminary Approval (Appendix J to the Memorandum in Support); and 3) The Claim Form and the Exclusion Form referred to in the various notices, and as further specified in this letter. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(rjm)
September 10, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 9/10/2012. (Court Reporter Rebecca Forman) Associated Cases: 1:11-md-02293-DLC et al.(gr)
September 10, 2012210Court Opinion or Order ORDER: These cases involve alleged anticompetitive conduct bydefendants, including companies that publish electronic books.During a conference held on December 20, 2011, the Court notified counsel for all parties that it has purchased electronic books. By Order of that same day, the Court waived any interest it might have in the putative class action. It is hereby ORDERED that the Court waives as well any interest it might have in the above-captioned parens patriae lawsuits, The State of Texas, et al. v. Penguin Group (USA) Inc., et al., 12 Civ. 3394 (DLC) and The State of Texas, et al. v. Hachette Book Group Inc., et al., 12 Civ. 6625 (DLC). (Signed by Judge Denise L. Cote on 9/10/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(ago)
September 7, 2012209ENDORSED LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/6/2012 re: Rebecca Fisher of the Texas Attorney General's Office writes to request that the Court waive the requirements for admission pro hac vice for all attorneys representing the Plaintiff States who are not already admitted to practice in the Southern District of New York. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/7/2012) (ago) Modified on 9/10/2012 (ago).
September 6, 2012208Court Opinion or Order ORDER: It is hereby ORDERED that a telephone conference regarding the August 29 motion will be held on September 10, 2012 at 4:00 P.M. IT IS FURTHER ORDERED that any parties in the above-captioned actions who wish to appear at the September 10 telephone conference shall contact the offices of plaintiff states' liaison counsel, Rebecca Fisher, the State of Texas Attorney General's Office, P.O. Box 12548, Austin, TX 78711, 512-463-1265. ( Telephone Conference set for 9/10/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/6/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(jfe)
September 4, 2012207ENDORSED LETTER addressed to Judge Denise Cote from Doreen C. Johnson dated 8/27/2012 re: Accordingly, we respectfully request that the Court permit us to file a brief up to 32 pages in length. ENDORSEMENT: GRANTED. (Signed by Judge Denise L. Cote on 9/04/2012) (ama)
September 4, 2012206Court Opinion or Order STIPULATION TO EXTEND TIME TO RESPOND TO CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and the Settling Defendants, subject to the approval of the Court, as follows: Settling Defendants' time to answer, move or otherwise respond to the Complaint is hereby extended to September 14, 2012. SO ORDERED. ( Amended Pleadings due by 9/14/2012.) (Signed by Judge Denise L. Cote on 9/04/2012) (ama)
August 27, 2012 Set/Reset Deadlines: Motions due by 8/29/2012. (jfe)
August 27, 2012205ENDORSED LETTER addressed to Judge Denise L. Cote from Doreen C. Johnson dated 8/14/2012 re: Counsel requests an extension until 8/29/2012 to file the motion for preliminary Approval of the related Settlement Agreements. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/27/2012) (jfe) Modified on 8/28/2012 (jfe).
August 14, 2012 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 204 HAS BEEN REJECTED. Note to Attorney Doreen C. Johnson : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi)
August 14, 2012204FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to file Motion for Preliminary Approval of Settlements. Document filed by The State of Ohio.(Johnson, Doreen) Modified on 8/15/2012 (ldi).
August 7, 2012203Court Opinion or Order ORDER: that any corrections or observations by Apple that pertain to the Government's Response and motion remain limited to five pages. Apple was required to set forth its analysis of any "substantive deficiencies in the proposed settlement" in its submission during the public comment period. In reviewing the Government's motion, the Court will consider Apple's nine page public comment as well as any submission it makes on August 15. IT IS FURTHER ORDERED that the Court will inform the parties after the motion is fully submitted whether either oral argument or a hearing on the motion would be of assistance to the Court. (Signed by Judge Denise L. Cote on 8/7/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl)
July 26, 2012202MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (201) Motion for George Farah to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 7/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd)
July 25, 2012 CASHIERS OFFICE REMARK on 201 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/25/2012, Receipt Number 1044606. (jd)
July 25, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 79 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Digital, Inc., 152 Memorandum of Law in Support of Motion, filed by The State of Texas, 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by HarperCollins Publishers L.L.C., 15 Memorandum of Law in Support of Motion filed by Patsy Diamond, 80 Notice of Appearance filed by Hachette Book Group, Inc., 67 Stipulation of Voluntary Dismissal, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Paul Meyer, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Robert Cheatham, Anthony Petru, Brian McGee, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Brian Brown, Marcus Mathis, Katrina Key, Kamal Sonti, John T. Meyer, Fredric A. Press, David Yastrab, Jeremy Sheppeck, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 52 MOTION for Dianne M. Nast to Appear Pro Hac Vice. filed by Carol Ness, Brian McGee, 94 Order on Motion to Appear Pro Hac Vice, 55 Notice (Other) filed by Kevin Rader-Rhodenbaugh, 46 MOTION for Daniel J. Mogin to Appear Pro Hac Vice. filed by Katrina Key, 143 Letter filed by Penguin Group (USA), Inc., 171 Letter, filed by Apple, Inc., 161 Amended Complaint, 83 Notice of Appearance filed by Hachette Book Group, Inc., 148 Endorsed Letter, 17 MOTION to Appoint Counsel Notice of Hagens Berman's Application to be Appointed Interim Lead Counsel filed by Anthony Petru, 31 Standing Order re Complex Civil Cases, 84 Notice of Appearance filed by Hachette Digital, Inc., 27 Standing Order re Complex Civil Cases, 16 MOTION to Appoint Counsel (Application of Katrina Key for Appointment to Represent a Consolidated Putative Class). MOTION to Appoint Counsel (Application of Katrina Key for Appointment to Represent a Consolidated Putative Class). filed by Katrina Key, 160 Notice of Appearance filed by Holtzbrinck Publishers, LLC, 21 Brief, filed by Clarissa Weiss, Shilpa Grover, Jeffrey Evans, Fredric A. Press, 51 MOTION for Erin C. Burns to Appear Pro Hac Vice. filed by Carol Ness, Brian McGee, 150 Notice of Appearance filed by The State of Texas, 193 Status Report filed by Unites States of America, 192 MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order. filed by MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., 29 Standing Order re Complex Civil Cases, 2 Standing Order re Complex Civil Cases, 77 Rule 7.1 Corporate Disclosure Statement filed by Apple Inc., 119 Order, Set Deadlines/Hearings, 162 Notice (Other) filed by Rhonda Burstein, 141 Standing Order re Complex Civil Cases, 147 Order Staying Case, 59 Order on Motion to Appear Pro Hac Vice, 112 Declaration in Opposition to Motion, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 40 Order on Motion to Appear Pro Hac Vice, 12 Brief, filed by Aubrie Ann Jones, Harrison Goldman, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Marcia Greene, 81 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Book Group, Inc., 180 Answer to Amended Complaint filed by Apple Inc., 109 Order on Motion to Appear Pro Hac Vice, 82 Notice of Appearance filed by Hachette Digital, Inc., 153 Certificate of Service Other, filed by The State of Texas, 177 Notice of Appearance filed by Hachette Livre SA, 135 MDL Conditional Transfer In Order, 33 Standing Order re Complex Civil Cases, 167 Notice of Appearance filed by The State of Texas, 108 Endorsed Letter, 60 Notice of Appearance, filed by MacMillan Publishers, Inc., MacMillan Publishers, Inc, MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., Macmillan, 116 Order on Motion to Appear Pro Hac Vice, 145 Letter, filed by Shilpa Grover, 63 Notice of Appearance filed by Liana Lingofelt, Paul J. Meyer, John T. Meyer, 34 Standing Order re Complex Civil Cases, 75 Notice of Appearance filed by Hachette Digital, Inc., 198 Endorsed Letter, 5 Stipulation and Order, Set Deadlines, 11 Brief, filed by Aubrie Ann Jones, Harrison Goldman, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Marcia Greene, 196 MOTION for Hiram Andrews to Appear Pro Hac Vice. filed by Hachette Digital, Inc., Hachette Book Group, Inc., Hachette Livre SA, 176 Letter, filed by Unites States of America, 58 Order on Motion to Appear Pro Hac Vice, 173 Letter, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 151 MOTION for Leave to File Second Amended Complaint (Unopposed) filed by The State of Texas, 185 Order, 118 Endorsed Letter, 30 Standing Order re Complex Civil Cases, 183 Scheduling Order, 65 Notice of Appearance filed by Carol Ness, Brian McGee, 124 Letter, filed by Penguin Group USA, Inc., Penguin Group (USA), Inc., 105 Order on Motion to Appear Pro Hac Vice, 129 Reply Memorandum of Law in Support of Motion, filed by Mcmillan Publishers, Inc., The Penguin Group, MacMillan Publishers, Inc., Simon and Schuster, Inc., MacMillan Publishers, Inc, Penguin Group (USA) Inc., Simon & Schuster, Inc., Penguin Group USA, Inc., Simon & Schuster, MacMillian, Inc, Penquin Group (USA) Inc, Simon & Schuster Digital Sales, Inc., Simon & Shuster, Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., Macmillan Publishers, Inc., Macmillan, 120 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 53 MOTION for Richard A. Lockridge to Appear Pro Hac Vice filed by Liana Lingofelt, Paul J. Meyer, John T. Meyer, 3 Order, Set Deadlines/Hearings, 78 Certificate of Service Other filed by Apple Inc., 36 Notice of Appearance filed by Andreas Albeck, 64 Notice of Appearance, filed by Mcmillan Publishers, Inc., MacMillan Publishers, Inc., MacMillan Publishers, Inc, MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., Macmillan, 9 Notice of Appearance filed by Katrina Key, 56 Order on Motion to Appear Pro Hac Vice, 165 Answer to Amended Complaint filed by Apple Inc., 188 Affidavit of Service Complaints, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 99 Declaration in Support of Motion, filed by Penguin Group USA, Inc., 7 Standing Order re Complex Civil Cases, 101 Notice of Appearance filed by HarperCollins Publishers L.L.C., 45 Certificate of Service Complaints filed by Anthony Petru, Marcus Mathis, 42 MDL Conditional Transfer In Order,, 66 Notice of Appearance filed by Carol Ness, Brian McGee, 72 Endorsed Letter, 127 Declaration in Support, filed by Simon & Schuster, Inc., Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., 57 Order on Motion to Appear Pro Hac Vice, 103 Order on Motion to Appear Pro Hac Vice, 96 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Book Group, Hackette book group, inc., Hatchette book group, inc., Hachette Book Group, Inc, Hachette Book Group, Inc., 23 Case Management Plan, 140 Letter, 97 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Digital, Inc., 89 Memorandum of Law in Support of Motion filed by HarperCollins Publishers L.L.C., 182 Answer to Amended Complaint filed by Penguin Group (USA), Inc., 200 Notice of Appeal filed by Penguin Group (USA), Inc., 113 Memorandum of Law in Opposition to Motion, filed by Anthony Petru, et al., 87 Memorandum of Law in Support of Motion, filed by Penguin Group USA, Inc., 39 MOTION for Richard S. Frankowski to Appear Pro Hac Vice filed by Katrina Key, 117 Endorsed Letter, 8 Standing Order re Complex Civil Cases, 24 Certificate of Service Other filed by Anthony Petru, Marcus Mathis, 100 Order, Set Motion and R&R Deadlines/Hearings, 62 Notice of Appearance filed by Liana Lingofelt, Paul J. Meyer, John T. Meyer, 158 Order on Motion to Dismiss, 186 Stipulation and Order, 146 Letter filed by The State of Texas, 172 Letter, 170 Status Report, filed by United States Of America, 126 Reply, filed by Simon & Schuster, Inc., Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., 68 Notice of Voluntary Dismissal, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Paul Meyer, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 197 Order on Motion to Appear Pro Hac Vice, 92 Memorandum of Law in Support of Motion, filed by Penguin Group USA, Inc., 85 Notice of Appearance filed by Hachette Book Group, Inc., 179 Notice of Appearance filed by Hachette Livre SA, 6 Certificate of Service Other, filed by Rhonda Burstein, 38 Notice of Appearance filed by Simon & Schuster, 190 Memorandum & Opinion, 199 Letter, 125 Letter, filed by HarperCollins Publishers L.L.C., 114 Notice (Other) filed by Anthony Petru, et al., 144 Letter, filed by HarperCollins Publishers L.L.C., 104 MOTION for Allison Sheedy to Appear Pro Hac Vice filed by Penguin Group USA, Inc., 54 MOTION for W. Joseph Bruckner to Appear Pro Hac Vice filed by Liana Lingofelt, Paul J. Meyer, John T. Meyer, 4 Certificate of Service Other filed by Anthony Petru, 107 Notice of Appearance filed by Elvira Monzon, 47 Amended Complaint, filed by Christian Gilstrap, Thomas Friedman, Kathleen Weiss, Jessica Moyer, Kathleen Linda Pitlock, Aloysius J. Brown, Iii, Sue Roberts, Shane S. Davis, Diane Urbanec, Steven D. Campbell, Cynthia J. Tyler, James L. Nesmith, Kimberly Whiteside Brooks, Laura J. Warner, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Anthony Petru, Barbara Heath, Matthew A. Hosking, Marcus Mathis, Jeremy Sheppeck, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 49 MOTION for Shana E. Scarlett to Appear Pro Hac Vice filed by Anthony Petru, 14 MOTION to Appoint Counsel filed by Patsy Diamond, 26 MDL Conditional Transfer In Order, 169 Order on Motion to Appear Pro Hac Vice, 86 MOTION to Compel Arbitration and Stay Proceedings filed by Penguin Group USA, Inc., 61 Rule 7.1 Corporate Disclosure Statement, filed by MacMillan Publishers, Inc., MacMillan Publishers, Inc, MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., Macmillan, 164 Answer to Amended Complaint filed by Holtzbrinck Publishers, LLC, 28 Standing Order re Complex Civil Cases, 181 Answer to Amended Complaint filed by Holtzbrinck Publishers, LLC, 18 Brief filed by Clarissa Weiss, Shilpa Grover, Jeffrey Evans, Fredric A. Press, 91 Rule 7.1 Corporate Disclosure Statement filed by Harpercollins Publishers, 37 MOTION for Eugene A. Spector to Appear Pro Hac Vice filed by Patsy Diamond, 142 Letter, filed by United States Of America, Apple Inc., 136 Letter, filed by Penguin Group (USA), Inc., 95 Order on Motion to Appear Pro Hac Vice, 22 Order, 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Apple Inc., 156 Memorandum & Opinion, 195 Order, 48 Order on Motion to Appear Pro Hac Vice, 189 Letter, filed by The State of Texas, 1 MDL Order Transfer Origin in S.D.N.Y., 93 Order on Motion to Appear Pro Hac Vice, 139 Notice of Appearance filed by Apple Inc., 163 Answer to Amended Complaint filed by Penguin Group (USA), Inc., 138 Order, 121 Reply Memorandum of Law in Support of Motion filed by Apple Inc., 184 Letter, filed by Simon & Schuster, Inc., Hachette Book Group, Inc., HarperCollins Publishers L.L.C., 90 Notice (Other), Notice (Other) filed by HarperCollins Publishers L.L.C., 123 Letter, filed by Christian Gilstrap, Thomas Friedman, Miriam Cummings, Aloysius J. Brown, Iii, Harrison Goldman, Patsy Diamond, Shane S. Davis, Steven D. Campbell, Rhonda Burstein, Andreas Albeck, Kimberly Whiteside Brooks, Robert Cheatham, Jeffrey Evans, Brian Brown, Lauren Albert, 159 Notice of Appearance filed by Holtzbrinck Publishers, LLC, 76 Certificate of Service Other filed by Apple Inc., 74 Memorandum of Law in Support of Motion filed by Apple Inc., 110 Opposition Brief, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 137 Endorsed Letter, 32 Standing Order re Complex Civil Cases, 157 Endorsed Letter, 166 Certificate of Service Other filed by Apple Inc., 35 Standing Order re Complex Civil Cases, 174 Letter, filed by Simon & Schuster, Hachette Book Group, Inc., HarperCollins Publishers L.L.C., 168 MOTION for Gregory J. Granitto to Appear Pro Hac Vice filed by Penguin Group USA, Inc., Penguin Group (USA), Inc., 98 Memorandum of Law in Support of Motion filed by Penguin Group USA, Inc., 111 Memorandum of Law in Opposition to Motion, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 102 MOTION for Daniel E. Gustafson to Appear Pro Hac Vice filed by Carol Ness, Brian McGee, 25 Case Management Plan, 134 Case Management Plan, 154 Endorsed Letter, 175 Letter, 19 MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel filed by Anthony Petru, 194 Order on Motion to Appear Pro Hac Vice, 41 Order on Motion to Appear Pro Hac Vice, 50 Order on Motion to Appear Pro Hac Vice, 44 Notice of Change of Address, filed by Simon & Schuster, Inc., Simon & Schuster, Simon & Shuster, 43 Standing Order re Complex Civil Cases, 149 Protective Order, 122 Certificate of Service Other filed by Apple Inc., 20 Declaration in Support of Motion, filed by Anthony Petru, 155 Order on Motion for Leave to File Document, 10 Notice of Appearance filed by Katrina Key, 178 Rule 7.1 Corporate Disclosure Statement filed by Hachette Livre SA, 128 Reply Memorandum of Law in Support of Motion filed by Penguin Group (USA), Inc., 13 Brief, filed by Rhonda Burstein were transmitted to the U.S. Court of Appeals. (tp)
July 25, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 200 Notice of Appeal. (tp)
July 25, 2012201MOTION for George Farah to Appear Pro Hac Vice. Document filed by Marcia Greene, Aubrie Ann Jones.(pgu)
July 25, 2012200NOTICE OF APPEAL from 190 Memorandum & Opinion. Document filed by Penguin Group (USA), Inc. Filing fee $ 455.00, receipt number 465401044546. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp)
July 20, 2012199Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 7/16/2012 re: Class Plaintiffs respectfully ask for an informal discovery conference concerning Walter Isaacson's refusal to produce recordings and notes of Steve Jobs' statements, Mr. Isaacson wrote Steve Jobs' biography and asserts the reporter's privilege bars production of any of Mr. Jobs' non-published statements whatsoever, and in particular, concerning Apple's eBook strategy. (rjm)
July 20, 2012198ENDORSED LETTER addressed to Judge Denise L. Cote from Elizabeth A. McNamara dated 7/18/2012 re: We represent non-party Walter Isaacson and this letter responds to the July 16, 2012 letter from counsel for Class Plaintiffs in the captioned matter seeking "an informal discovery conference" relating to their subpoena dated May 21, 2012 to Mr. Isaacson (the "Subpoena"), author of the Steve Jabs biography (the "Biography"). ENDORSEMENT: The plaintiff may renew its application when it can show that it meets the test for disclosure of non confidential material. See U.S. v Treacy, 639 F3d 32, 42 (2d Cir. 2011). (Signed by Judge Denise L. Cote on 7/20/2012) (rjm)
July 11, 2012197Court Opinion or Order ORDER granting 196 Motion for Hiram Andrews to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/11/2012) (ama)
July 10, 2012 CASHIERS OFFICE REMARK on 196 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/10/2012, Receipt Number 1043070. (jd)
July 10, 2012196MOTION for Hiram Andrews to Appear Pro Hac Vice. Document filed by Hachette Book Group, Inc., Hachette Digital, Inc., Hachette Livre SA.(pgu)
July 9, 2012195Court Opinion or Order ORDER: It is hereby ordered that the stay in this litigation as to defendant Hachette Digital, Inc. is extended from July 11, 2011 to August 10, 2012. (Signed by Judge Denise L. Cote on 7/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(js)
July 9, 2012194MEMO ENDORSED ON MOTION FOR ADMISSION PRO HAC VICE: granting 191 Motion for Richard Snyder to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/9/2012) (js)
July 6, 2012193STATUS REPORT. Revised Joint Initial Report Document filed by Unites States of America. (Attachments: # 1 Exhibit Schedule, # 2 Exhibit Revised ESI Report)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie)
July 6, 2012192MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order. Document filed by Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc...(Mitnick, Joel)
July 6, 2012 CASHIERS OFFICE REMARK on 191 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/02/2012, Receipt Number 1042551. (jd)
July 2, 2012191MOTION for Richard Snyder to Appear Pro Hac Vice. Document filed by Hachette Book Group, Inc., Hachette Digital, Inc., Hachette Livre SA.(pgu)
June 27, 2012190Court Opinion or Order OPINION & ORDER # 102013 denying as to plaintiffs' federal claims re: (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings filed by Penguin Group USA, Inc. (Signed by Judge Denise L. Cote on 6/27/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 6/29/2012 (ft).
June 27, 2012189Letter addressed to Judge Denise L Cote from Gabriel R Gervey and Gary Becker dated 6/26/2012 re: Plaintiff states are aenable to a bench trial. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
June 26, 2012188AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Hachette Livre SA served on 6/4/2012, answer due 8/3/2012. Service was accepted by Mr. Mignan Denis, In House Counsel. Document filed by Cyrus Joubin; John T. Meyer; Steven D. Campbell; Marcus Mathis; Shane S. Davis; Elvira Monzon; Liana Lingofelt; Kimberly Whiteside Brooks; Rebecca L. Rossman; Steven Rivers; Aloysius J. Brown, Iii; Brian McGee; Charles Leonard Pelton, Sr; Kamal Sonti; Diane Urbanec; Jessica Moyer; Barbara Heath; Cynthia J. Tyler; Andreas Albeck; Jeffrey Evans; Matthew A. Hosking; Grace Hoke; Eugenia Ruane-Gonzales; Carole C. Kehl; Thomas Friedman; Fredric A. Press; Miriam Cummings; Aubrie Ann Jones; Katrina Key; Rhonda Burstein; Amy D. Nolan; Paul J. Meyer; Ronna Hamelin; Kathleen Linda Pitlock; Juan Sotomayor; David Yastrab; Susan Horowitz; Clarissa Weiss; Ed Macauley; Sue Roberts; Shilpa Grover; Carol Ness; Gretchen Ulbee; Kevin Rader-Rhodenbaugh; Lauren Albert; Brian Brown; Christian Gilstrap; Kathleen Weiss; Laura J. Warner; Chad Miller; Jeremy Sheppeck; James L. Nesmith; Robert Cheatham; Anthony Petru; Patsy Diamond; Marcia Greene; Anne M. Rinaldi; Sue Ellen Gordon; Harrison Goldman. (Dubner, Jeffrey)
June 26, 2012187Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 6/20/12 re: The United States believes that discovery should proceed without delay and that the resolution of the United States' claims need not be combined with trials in the other sets of cases. Document filed by Unites States of America.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro)
June 25, 2012186Court Opinion or Order STIPULATION AND STAY ORDER: The Stay Order be amended to add HLSA as an additional Settling Defendant protected by and subject to the same terms of the existing Stay Order until 7/11/2012. (Signed by Judge Denise L. Cote on 6/25/2012) (jar)
June 25, 2012185Court Opinion or Order ORDER: With respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: see order. A copy shall simultaneously be delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court. No e-mailed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)
June 25, 2012184Letter addressed to Judge Denise L. Cote from Shepard Goldfein dated 6/21/2012 re: response to characterizations of the settling defendants' position set forth in the barrage of letters taht have been submitted relating to the Joint Report. Document filed by Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Simon & Schuster, Inc.(jar)
June 25, 2012183Court Opinion or Order SCHEDULING ORDER: Amended Initial Report due by 7/6/20121. Government shall file any motion with respect to a proposed final judgment in 12cv2826 by 8/3/2012, Responses due by 8/15/2012, replies due by 8/22/2012. Fact Discovery due by 3/22/2012. Expert Discovery due by 3/22/2012. The plaintiffs in 12cv3394 shall submit by 8/20/2012, any motion for preliminary approval of any settlement agreement. Any motion to certify class in 11MD2293 must be submitted by 11/16/2012. The defendants' opposition due by 12/14/2012. Plaintiffs' reply due by 1/18/2012. Joint pretrial order due by 4/26/2013 in 12cv2826. Motions in limine in 12cv2826 are due by 4/26/2012, responses due by 5/3/2012, replies due by 5/8/2012. Final pretrial conference in 12cv2826 is scheduled for 5/24/2013 at 2:00 p.m. in Courtroom 15B, 500 Pearl Street. Trial in 12cv2826 will begin on 6/3/2013 at 9:30 a.m. Any motion for summary judgment in the above listed actions in 11MD2293 or 12cv3394 must be served by 9/13/2013, any opposition served by 10/4/2012, any reply due by 10/18/2012. All other deadlines are as set forth in this order. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)
June 22, 2012182ANSWER to 161 Amended Complaint,,,. Document filed by Penguin Group (USA), Inc..(Sheedy, Allison)
June 22, 2012181ANSWER to 161 Amended Complaint,,,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel)
June 22, 2012180ANSWER to 161 Amended Complaint,,, with JURY DEMAND. Document filed by Apple Inc.. (Attachments: # 1 Certificate of Service)(Floyd, Daniel)
June 21, 2012179NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Livre SA (Rubin, Samuel)
June 21, 2012178RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lagardere SCA, Corporate Parent Hachette SA for Hachette Livre SA. Document filed by Hachette Livre SA.(Stuart, Walter)
June 21, 2012177NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Livre SA (Stuart, Walter)
June 21, 2012176Letter addressed to Judge Denise L Cote from Mark W Ryan dated 6/20/2012 re: Discovery should proceed without delay and the resolution of the United States' claims need not be combined with trials in the other set of cases. Document filed by Unites States of America. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
June 20, 2012175Letter addressed to Judge Denise L Cote from Gabriel R Gervey and W. Joseph Nielsen dated 6/20/2012 re: Plaintiff States request that the Court adopt the Plaintiffs' proposed schedule. Document filed by Plaintiff States.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
June 20, 2012174Letter addressed to Judge Denise L Cote from Shepard Goldfein dated 6/19/2012 re: Settling defendants have complied with the terms of their 4/11/12 memorandum of understanding. Document filed by Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Simon & Schuster.(cd)
June 20, 2012173Letter addressed to Judge Denise L Cote from Joel M Mitnick dated 6/20/2012 re: Remaining Disputes and the Joint Initial Report. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
June 20, 2012172Letter addressed to Judge Denise L Cote from Steve W Berman dated 6/20/2012 re: Disputes to the Joint Initial Report, filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
June 20, 2012171Letter addressed to Judge Denise L Cote from Daniel Floyd dated 6/19/2012 re: Apple's position on the remaining disputes among the parties re joint initial report. Document filed by Apple, Inc.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
June 20, 2012 CASHIERS OFFICE REMARK on 168 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/08/2012, Receipt Number 1040441. (jd)
June 20, 2012170STATUS REPORT. Joint Initial Report of All Parties Document filed by United States Of America. (Attachments: # 1 Exhibit Proposed Schedules, # 2 Exhibit Parties' Current Disputes, # 3 Exhibit Joint ESI Submission)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie)
June 11, 2012169MEMO ENDORSEMENT granting 168 Motion for Gregory J. Granitto to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/11/2012) (tro)
June 8, 2012168MOTION for Gregory J. Granitto to Appear Pro Hac Vice. Document filed by Penguin Group (USA), Inc., Penguin Group USA, Inc.(pgu)
May 30, 2012167NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas (Lipman, Eric)
May 29, 2012166CERTIFICATE OF SERVICE of Apple Inc.'s Answer to Consolidated Amended Class Action Complaint served on All Counsel of Record on May 29, 2012. Service was made by Mail. Document filed by Apple Inc.. (Floyd, Daniel)
May 29, 2012165ANSWER to 47 Amended Complaint,, with JURY DEMAND. Document filed by Apple Inc..(Floyd, Daniel)
May 29, 2012164ANSWER to 47 Amended Complaint,,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel)
May 29, 2012163ANSWER to 47 Amended Complaint,,. Document filed by Penguin Group (USA), Inc..(McInnis, Daniel)
May 24, 2012162NOTICE of Withdrawal of Counsel John D. Radice. Document filed by Rhonda Burstein. (Nussbaum, Linda)
May 17, 2012161SECOND AMENDED COMPLAINT amending 7 Amended Complaint against Apple Inc., Holtzbrinck Publishers, LLC, Penguin Group (USA) Inc. with JURY DEMAND.Document filed by the State of Tennessee, The State of Missouri, The Commonwealth of Pennsylvania, The State of Iowa, The State of Texas, The State of Ohio, The State of Arizona, The State of South Dakota, The State of Vermont, The State of Colorado, The Commonwealth of Puerto Rico, The State of Illinois, The State of Alaska, The State of Connecticut, The State of West Virginia, The State of Maryland, The Commonwealth of Virginia, The State of New York, The State of Arkansas, The State of Louisiana, The State of Wisconsin, The State of Delaware, The State of Utah, The State of North Dakota, The State of Nebraska, The State of Alabama, The District of Columbia, The State of Michigan, The Commonwealth of Massachusetts, The State of New Mexico, The State of Kansas, The State of Idaho.***Also docketed in case number 12cv3394. (mro)
May 16, 2012160NOTICE OF APPEARANCE by John Joseph Lavelle on behalf of Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC (Lavelle, John)
May 16, 2012159NOTICE OF APPEARANCE by David Joseph Carey on behalf of Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC (Carey, David)
May 15, 2012158Court Opinion or Order ORDER GRANTING JOINT MOTION TO DISMISS WITHOUUT PREJUDICE SIMON & SCHUSTER, INC. AND SIMON & SCHUSTER DIGITAL SALES, INC: in case 1:11-md-02293-DLC; granting (82) Motion to Dismiss; granting (86) Motion to Dismiss in case 1:12-cv-03394-DLC; granting [] Motion to Dismiss; granting [] Motion to Dismiss in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(cd)
May 15, 2012156Court Opinion or Order OPINION & ORDER # 101815: The Publisher Defendants' 3/2/2012 Motion to Dismiss is denied. Apple's 3/2/2012 Motion to Dismiss is also denied re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by HarperCollins Publishers L.L.C., (73 in 1:11-md-02293-DLC) MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Apple Inc. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 5/21/2012 (ft).
May 14, 2012157ENDORSED LETTER addressed to Judge Denise L Cote from Jennifer R Scullion dated 5/14/2012 re: Request to amend the Stay order to add Simon Schuster as an additional Settling Defendant protected by and subject to the terms of the existing Stay Order. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/14/2012) (cd)
May 11, 2012155Court Opinion or Order ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT: Having reviewed Plaintiff States' unopposed motion for leave to file a second amended complaint and the memorandum in support filed therewith, and upon all pleadings and proceedings heretofore had herein, Plaintiff States' motion is GRANTED. granting (151) Motion for Leave to File Document in case 1:11-md-02293-DLC; granting (74) Motion for Leave to File Document in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 5/11/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rdz)
May 11, 2012154ENDORSED LETTER addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 5/10/2012 re: In counsel for the Additional States also need not move for admission pro hac vice, and that, going forward, attorneys from the Offices of the Texas or Connecticut Attorneys General, who are already counsel of record, may sign and file documents on behalf of the Plaintiff States without obtaining original signatures from counsel for each individual state. This will minimize the logistical burden associated with filings in this case and is consistent with the approach taken in connection with the filing of the proposed stipulated protective order, which was entered by the Court yesterday, May 9, 2012. To the extent this procedure is not acceptable to the Court, and the Court will require counsel from the Additional States to be admitted pro hac vice, we would alternatively and respectfully request that the Court consider granting a waiver of the $200 fee per attorney and the requirement that all counsel submit copies of Certificates of Good Standing from each jurisdiction in which the attorney is licensed to practice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/11/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rdz)
May 11, 2012153CERTIFICATE OF SERVICE of Unopposed Motion for Leave to File Second Amended Complaint and Memorandum in Support served on Defendants Penguin Group(USA), Inc., Holtzbrinck Publishers, LLC d/b/a MacMillan, Apple Inc., and Simon & Schuster, Inc. on 5-11-12. Service was made by MAIL. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 11, 2012152MEMORANDUM OF LAW in Support re: (151 in 1:11-md-02293-DLC, 74 in 1:12-cv-03394-DLC) MOTION for Leave to File Second Amended Complaint (Unopposed).. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 11, 2012151MOTION for Leave to File Second Amended Complaint (Unopposed). Document filed by The State of Texas. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric)
May 10, 2012150NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas Filed In Associated Cases: 1:11-md-02293-DLC et al.(Lipman, Eric)
May 9, 2012149Court Opinion or Order STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 5/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)
May 4, 2012148ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson and Daniel McCuaig dated 5/3/2012 re: The undersigned writes as liaison counsel to provide the Court with a further update on the parties' efforts to negotiate a protective order for the Court's consideration. With apologies for the delay, unless the Court instructs otherwise, the parties will submit a proposed protective order to the Court on or before next Monday (May 7th). ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/4/2012) (pl) Modified on 5/11/2012 (pl).
May 1, 2012147Court Opinion or Order ORDER STAYING CASE until 7/11/2012 as to defendants HarperCollins Publishers, Hachette Book Group, Inc, Hachette Digital Inc. (settling defendants), and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/1/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
May 1, 2012146Letter addressed to Judge Denise L Cote from Gabriel R Gervey dated 4/30/2012 re: Memorandum of Understanding with Simon & Schuster is possible. Document filed by The State of Texas et al.(cd)
May 1, 2012145Letter addressed to Judge Denise L Cote from Steve W Berman dated 4/30/2012 re: We submit an alternative Stay Order for the court's consideration. Document filed by Shilpa Grover et al.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
May 1, 2012144Letter addressed to Judge Denise L Cote from Shepard Goldfein dated 4/30/2012 re: The settling defendants request that the Court enter the eclosed Stay Order. Document filed by HarperCollins Publishers L.L.C.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
May 1, 2012143Letter addressed to Judge Denise L Cote from Daniel Ferrel McInnis dated 4/30/2012 re: We request that the Court decide Penguin's pending motion. Document filed by Penguin Group (USA), Inc.(cd)
April 30, 2012142Letter addressed to Judge Denise L. Cote from Daniel G. Swanson and Daniel McCuaig dated 4/27/2012 re: Counsels write as liaison counsel to provide the Court with an update on the parties' efforts to negotiate a protective order for the Court's consideration. Document filed by Apple Inc. United States Of America.(ft)
April 30, 2012141Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases; 1:12-cv-3394-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
April 27, 2012140Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 4/25/2012 re: Per our discussion at the April 18, 2012 Status Conference, HaneL. Kim, my colleague from Gibson Dunn's New York office, will serve as coordinating counsel for non-settling defendants in the above-captioned actions. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(ama)
April 26, 2012139NOTICE OF APPEARANCE by Hane Lee Kim on behalf of Apple Inc. (Kim, Hane)
April 26, 2012135CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-3) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/26/2012) (sjo)
April 25, 2012138Court Opinion or Order ORDER: ORDERED that, unless Penguin advises the Court by April 30, 2012 that it wishes its March 2 motion to stay proceedings and compel arbitration to be addressed, the motion will be deemed withdrawn. IT IS FURTHER ORDERED that in the event Penguin files a renewed motion to arbitrate, any party opposing the motion may present any arguments that are appropriate, including that Penguin has waived its right to arbitrate. (Signed by Judge Denise L. Cote on 4/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc)
April 25, 2012137ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 4/24/2012 re: We are writing on behalf of the putative class in response to Penguin Group (USA) Inc.'s letter of April 23, 2012 in support of its pending motion to compel arbitration. ENDORSEMENT: Counsel are reminded that letters to the Court should not exceed two pages. (Signed by Judge Denise L. Cote on 4/25/2012) (djc)
April 25, 2012136Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 4/23/2012 re: Because the Court need not resolve Penguin's motion at this time, and additional time would allow for the Second Circuit to conclude the proceedings in a principal case governing the motion, Penguin's view is that it would be best to postpone consideration of its motion to compel arbitration Document filed by Penguin Group (USA), Inc.(djc)
April 23, 2012134Court Opinion or Order CASE MANAGEMENT ORDER: It is hereby ORDERED as follows: 1. Any application by Penguin Group USA, Inc. to withdraw its Motion to Compel Arbitration and Stay Proceedings must be submitted by April 27, 2012. 2. The Government and defendants Hachette Book Group, Inc.; HarperCollins Publishers L.L.C.; and Simon & Schuster, Inc. (collectively, the "Settling Parties") shall submit a proposed order for a stay by April 30, 2012. 3. The Government shall file any motion with respect to a proposed final judgment by July 27. Any submissions in response to this motion by a party in one of the above-captioned actions shall be filed by August 8, 2012, and shall not exceed 5 pages. The limit of 10 pages described at the conference is hereby reduced to 5 pages. The Government shall have until August 15, 2012 to file any reply. IT IS FURTHER ORDERED that a conference in these actions, and any related actions subsequently accepted by this Court, will be held on June 22, 2012 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. IT IS FURTHER ORDERED that prior to the June 22, 2012 conference, the parties in these actions, and any related actions subsequently accepted by this Court, shall submit to the Court a proposal for coordinated discovery and a proposed confidentiality agreement. Motions due by 7/27/2012. Responses due by 8/8/2012. Replies due by 8/15/2012. Status Conference set for 6/22/2012 at 02:30 PM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/23/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm)
April 19, 2012 CASHIERS OFFICE REMARK on 115 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/03/2012, Receipt Number 1034235. (jd)
April 18, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 4/18/2012. Court Reporter: Denise Richards present Associated Cases: 1:11-md-02293-DLC et al.(djc)
April 17, 2012133Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 4/16/12 re: Counsel for the plaintiff writes to notify the Court that the plaintiff States will not contest transfer of the State Action to the SDNY. ***Accepted for filing as a Docket and File from Chambers.(mro)
April 13, 2012132Letter addressed to Judge Denise L. Cote from Shepard Goldfein dated 4/11/2012 re: Counsel for defendant requests a status conference with the Court to discuss the Court's present scheduling order and the manner in which the purported Class Actions should proceed given these developments. Document filed by HarperCollins Publishers L.L.C.(js)
April 13, 2012131Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 4/12/2012 re: Counsel understands that the Court will hold a status conference soon and has asked that lawyers from the Antitrust Division of the Department of Justice to attend. Given that the Texas case will be transferred to this Court, Counsel suggests that the same invitation be extended to the plaintiffs' counsel in the Texas tag-along case. Document filed by Penguin Group (USA), Inc., Penguin Group USA, Inc.(js)
April 13, 2012130Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 4/12/2012 re: Plaintiffs' position is that Defendants should file their reply papers on Court's previously ordered schedule. Second, with respect to the Settling Defendants' request for a status conference, it is unclear exactly what they are seeking. Third, we have requested that each Defendant produce to plaintiffs the documents and/or testimony they have already provided to governmental authorities. Document filed by Plaintiffs(js)
April 13, 2012129REPLY MEMORANDUM OF LAW in Support re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by MacMillan Publishers, Inc., Mcmillan Publishers, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., Simon & Schuster, Inc., Penguin Group (USA), Inc., Simon & Schuster, Inc., MacMillan Publishers, Inc, Penquin Group (USA) Inc, Macmillan, Simon & Schuster, Simon & Schuster, Inc., Simon & Shuster, Simon and Schuster, Inc., Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.., Penguin Group USA, Inc., Simon & Schuster Digital Sales, Inc., The Penguin Group. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel)
April 13, 2012128REPLY MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group (USA), Inc.. (Attachments: # 1 Exhibit Certificate of Service)(Donohoe, David)
April 13, 2012127DECLARATION of Allison Sheedy in Support re: 126 Reply,. Document filed by Holtzbrinck Publishers, LLC(Doing business as Macmillan), Penguin Group (USA), Inc., Simon & Schuster, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit Certificate of Service)(Donohoe, David)
April 13, 2012126REPLY re: 110 Opposition Brief,,,, re Notice of Request for Judicial Notice. Document filed by Holtzbrinck Publishers, LLC(Doing business as Macmillan), Penguin Group (USA), Inc., Simon & Schuster, Inc.. (Attachments: # 1 Exhibit Certificate of Service)(Donohoe, David)
April 13, 2012122CERTIFICATE OF SERVICE of Reply Memorandum served on All Counsel of Record on 04/13/12. Document filed by Apple Inc.. (Floyd, Daniel)
April 13, 2012121REPLY MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Apple Inc.. (Floyd, Daniel)
April 12, 2012125Letter addressed to Judge Denise L. Cote from Stephard Goldfein dated 4/11/2012 re: counsel for Defendants HarperCollins Publishers, L.L.c. ("HarperCollins"), Simon & Schuster, Inc. ("Simon & Schuster") and Hachette Book Group, Inc. and Hachette Digital, Inc. (together, "Hachettelt ) in regard to the above-referenced matter to request a status conference at the Court's earliest convenience. Document filed by HarperCollins Publishers L.L.C.(pl)
April 12, 2012124Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 4/12/2012 re: counsel for Penguin Group (USA) Inc. filed a notice of potential tag-along with the Judicial Panel on Multidistrict Litigation concerning a related case styled The State of Texas, et at. vs. Penguin Group (USA) Inc, et at., 1:12-CV-0324 (W.D. Tx.). I respectfully suggest that the same invitation be extended to thc plaintiffs' counsel in the Texas tag-along case. Document filed by Penguin Group (USA), Inc., Penguin Group USA, Inc..(pl)
April 12, 2012123Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 4/12/2012 re: Plaintiffs write to respond to two letters submitted to the Court on April 11,2012.. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman.(pl)
April 12, 2012120NOTICE of Related Action. Document filed by Andreas Albeck, Lauren Albert, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (Attachments: # 1 Exhibit A - Schedule of New Related Action, # 2 Exhibit B - Complaint, # 3 Certificate of Service)(Pierson, Kit)
April 12, 2012119Court Opinion or Order ORDER: Conference set for 4/18/2012 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Counsel representing parties in any related litigation, including The State of Texas, et al. vs Penquin Group (USA) Inc., et al., 12 CV 0324(W.D. TX), may also attend. Counsel for the defendants are requested to notify the plaintiffs in any related action of this Order. (Signed by Judge Denise L. Cote on 4/12/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
April 12, 2012118ENDORSED LETTER addressed to Judge Denise L Cote from Joel M Mitnick dated 4/11/2012 re: Macmillan and Penguin would be committed to moving the class action along and Penguin has also authorized me to inform the Court that it is prepared to file its reply brief relating to Penguin Group (USA), Inc.'s Motion to Stay Proceedings and Compel Arbitration this Friday. Plaintiffs have not consented to this request for a two-week extension of time. We are available immediately by telephone or in person to address this issue with the Court. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 4/12/2012) (cd)
April 11, 2012117ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel S. Floyd dated 4/11/12 re: Counsel writes on behalf of Apple Inc. to request the Court's permission to file a 16-page Reply in support of Apple's Motion to Dismiss the Consolidated Amended Class Action Complaint. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/11/2012) (mro)
April 10, 2012116MEMO ENDORSEMENT granting 115 Motion for Jeffrey L. Kodroff to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/10/2012) (mro)
April 5, 2012114NOTICE of Supplemental Authority re: 113 Memorandum of Law in Opposition to Motion,. Document filed by Anthony Petru, et al.. (Attachments: # 1 Attachment A)(Berman, Steve)
April 2, 2012115MOTION for Jeffrey L. Kodroff to Appear Pro Hac Vice. Document filed by Patsy Diamond.(bwa)
March 30, 2012113MEMORANDUM OF LAW in Opposition re: 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Anthony Petru, et al.. (Berman, Steve)
March 30, 2012112DECLARATION of Kit A. Pierson in Opposition re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (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, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN - Part 1 of 3, # 41 Exhibit NN - Part 2 of 3, # 42 Exhibit NN - Part 3 of 3, # 43 Certificate of Service)(Pierson, Kit)
March 30, 2012111MEMORANDUM OF LAW in Opposition re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Eugenia Ruane-Gonzales(Eugenia Ruane-Gonzales), Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (Attachments: # 1 Certificate of Service)(Pierson, Kit)
March 30, 2012110OPPOSITION BRIEF re: 90 Notice (Other), Notice (Other) Plaintiffs' Opposition to Publisher Defendants' Request for Judicial Notice. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (Attachments: # 1 Certificate of Service)(Pierson, Kit)
March 29, 2012109MEMO ENDORSEMENT on 106 Motion for Jeffrey S. Goldenberg to Appear Pro Hac Vice. Granted. (Signed by Judge Denise L. Cote on 3/28/2012) (ft)
March 28, 2012 CASHIERS OFFICE REMARK on 106 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/23/2012, Receipt Number 1033461. (jd)
March 28, 2012 CASHIERS OFFICE REMARK on 104 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/19/2012, Receipt Number 1032867. (jd) Modified on 3/29/2012 (mj).
March 26, 2012108ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 3/26/2012 re: We write on behalf of Plaintiffs to request the Court's permission to file a consolidated opposition to the pending motions to dismiss not to exceed sixty (60) pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/26/2012) (lmb)
March 26, 2012107NOTICE OF APPEARANCE by Steven Joesph Greenfogel on behalf of Elvira Monzon (Greenfogel, Steven)
March 23, 2012106MOTION for Jeffrey S. Goldenberg to Appear Pro Hac Vice. Document filed by Miriam Cummings, Carole C. Kehl, Rebecca L. Rossman, Kamal Sonti.(bwa)
March 20, 2012105MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/20/2012). Granting (104) Motion for Allison Sheedy to Appear Pro Hac Vice in case 1:11-md-02293-DLC. Filed In Associated Cases: 1:11-md-02293-DLC et al. (rjm) Modified on 3/21/2012 (rjm).
March 16, 2012104MOTION for Allison Sheedy to Appear Pro Hac Vice. Document filed by Penguin Group USA, Inc..(bwa) (bwa).
March 15, 2012103MEMO ENDORSEMENT: granting 102 Motion for Daniel E Gustafson to Appear Pro Hac Vice ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/15/2012) (cd)
March 13, 2012102MOTION for Daniel E. Gustafson to Appear Pro Hac Vice. Document filed by Brian McGee, Carol Ness.(pgu)
March 6, 2012101NOTICE OF APPEARANCE by Matthew Michael Martino on behalf of HarperCollins Publishers L.L.C. (Martino, Matthew)
March 5, 2012100Court Opinion or Order ORDER: It is hereby ORDERED that the plaintiffs' opposition must be submitted by March 30, 2012. The defendant's reply, if any, must be submitted by April 13, 2012. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street1 New York, New York. Set Deadlines/Hearing as to (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings. :( Responses due by 3/30/2012, Replies due by 4/13/2012.) (Signed by Judge Denise L. Cote on 3/5/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jfe)
March 5, 201299DECLARATION of Allison Sheedy in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Donohoe, David)
March 5, 201298MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Donohoe, David)
March 5, 201297RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Hachette Book Group, Inc., Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc.. Document filed by Hachette Digital, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter)
March 5, 201296RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book Group, Hachette Book Group, Hachette Book Group, Inc, Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hackette book group, inc., Hatchette book group, inc.. Document filed by Hachette Book Group, Hachette Book Group, Inc., Hachette Book Group, Inc, Hatchette book group, inc., Hackette book group, inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter)
March 5, 201295MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (69) Motion for Daniel G Swanson to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd)
March 5, 201294MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (70) Motion for Daniel S Floyd to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd)
March 5, 201293MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (71) Motion for Jay Srinivasan to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd)
March 5, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter B. Stuart to RE-FILE Document 81 Rule 7.1 Corporate Disclosure Statement. ERROR(S):Corporate Parents were not added to the spread cases. Please re-file this document. You must highlight the party in each individual case or the corporate parent will not be added. When prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
March 5, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter B. Stuart to RE-FILE Document 79 Rule 7.1 Corporate Disclosure Statement,,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb)
March 5, 201292FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Attachments: # 1 Affidavit (Declaration) of Allison Sheedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Donohoe, David) Modified on 3/5/2012 (ka).
March 5, 201291RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation for Harpercollins Publishers. Document filed by Harpercollins Publishers.(Eckles, Paul)
March 2, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David A. Donohoe to RE-FILE Document 87 Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
March 2, 201290NOTICE of Request for Judicial Notice re: 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by HarperCollins Publishers L.L.C.. (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)(Goldfein, Shepard)
March 2, 201289MEMORANDUM OF LAW in Support re: 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by HarperCollins Publishers L.L.C.. (Goldfein, Shepard)
March 2, 201288MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by HarperCollins Publishers L.L.C..(Goldfein, Shepard)
March 2, 201287FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Affidavit, # 6 Certificate of Service)(Donohoe, David) Modified on 3/5/2012 (ldi).
March 2, 201286MOTION to Compel Arbitration and Stay Proceedings. Document filed by Penguin Group USA, Inc..(Donohoe, David)
March 2, 201285NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel)
March 2, 201284NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel)
March 2, 201283NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy)
March 2, 201282NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy)
March 2, 201281FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED TO SPREAD CASES - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book Group, Inc.. Document filed by Hachette Book Group, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) Modified on 3/5/2012 (lb).
March 2, 201280NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter)
March 2, 201279FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED TO SPREAD CASES - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette Book Group, Inc, Corporate Parent Hachette SAS for Hachette Digital, Inc.. Document filed by Hachette Digital, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) Modified on 3/5/2012 (lb).
March 2, 201278CERTIFICATE OF SERVICE of Rule 7.1 Statement served on All Counsel of Record on March 2, 2012. Document filed by Apple Inc.. (Floyd, Daniel)
March 2, 201277RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Inc..(Floyd, Daniel)
March 2, 201276CERTIFICATE OF SERVICE of Motion to Dismiss and Memorandum of Law in Support served on All Counsel of Record on March 2, 2012. Document filed by Apple Inc.. (Floyd, Daniel)
March 2, 201275NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter)
March 2, 201274MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Apple Inc.. (Floyd, Daniel)
March 2, 201273MOTION to Dismiss the Consolidated Amended Class Action Complaint. Document filed by Apple Inc.. Responses due by 3/30/2012(Floyd, Daniel)
March 2, 2012 CASHIERS OFFICE REMARK on 71 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/23/2012, Receipt Number 1030567. (jd)
March 2, 2012 CASHIERS OFFICE REMARK on 70 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/23/2012, Receipt Number 1030569. (jd)
March 2, 2012 CASHIERS OFFICE REMARK on 69 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/23/2012, Receipt Number 1030568. (jd)
March 1, 201272ENDORSED LETTER addressed to Judge Denise L. Cote from Paul M. Eckles dated 2/29/2012 re: request a revision to the page length for the Publisher Defendants' contemplated initial motion to dismiss pursuant to Rule 12(b)(6). ENDORSEMENT: GRANTED. (Signed by Judge Denise L. Cote on 3/01/2012) (ama)
March 1, 201268NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Hachette Livre USA, Inc.. Document filed by All Plaintiffs. (Attachments: # 1 Certificate of Service)(Dubner, Jeffrey)
March 1, 201267STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Macmillan Publishers, Inc.. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Katrina Key, Cyrus Joubin, John T. Meyer, Rhonda Burstein, Amy D. Nolan, Paul J. Meyer, Steven D. Campbell, Ronna Hamelin, Marcus Mathis, Kathleen Linda Pitlock, Shane S. Davis, Paul Meyer, Juan Sotomayor, Liana Lingofelt, Kimberly Whiteside Brooks, David Yastrab, Rebecca L. Rossman, Steven Rivers, Aloysius J. Brown, Iii, Brian McGee, Susan Horowitz, Clarissa Weiss, Charles Leonard Pelton, Sr, Ed Macauley, Kamal Sonti, Sue Roberts, Diane Urbanec, Shilpa Grover, Carol Ness, Gretchen Ulbee, Jessica Moyer, Kevin Rader-Rhodenbaugh, Barbara Heath, Lauren Albert, Cynthia J. Tyler, Andreas Albeck, Jeffrey Evans, Matthew A. Hosking, Grace Hoke, Brian Brown, Eugenia Ruane-Gonzales, Christian Gilstrap, Laura J. Warner, Kathleen Weiss, Chad Miller, Carole C. Kehl, Jeremy Sheppeck, James L. Nesmith, Robert Cheatham, Patsy Diamond, Anthony Petru, Thomas Friedman, Marcia Greene, Fredric A. Press, Sue Ellen Gordon, Anne M. Rinaldi, Miriam Cummings, Harrison Goldman, Aubrie Ann Jones. (Attachments: # 1 Certificate of Service)(Dubner, Jeffrey)
March 1, 201266NOTICE OF APPEARANCE by Erin C Burns on behalf of Brian McGee, Carol Ness Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Burns, Erin)
March 1, 201265NOTICE OF APPEARANCE by Dianne M. Nast on behalf of Brian McGee, Carol Ness Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Nast, Dianne)
February 28, 201264NOTICE OF APPEARANCE by Alexandra Shear on behalf of MacMillan Publishers, Inc., Mcmillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Shear, Alexandra)
February 28, 201263NOTICE OF APPEARANCE by Richard A. Lockridge on behalf of Liana Lingofelt, John T. Meyer, Paul J. Meyer (Lockridge, Richard)
February 28, 201262NOTICE OF APPEARANCE by W. Joseph Bruckner on behalf of Liana Lingofelt, John T. Meyer, Paul J. Meyer (Bruckner, W.)
February 28, 201261RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MacMillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc...Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel)
February 28, 201260NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of MacMillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel)
February 28, 2012 CASHIERS OFFICE REMARK on 51 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/15/2012, Receipt Number 1029759. (jd)
February 28, 2012 CASHIERS OFFICE REMARK on 52 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/15/2012, Receipt Number 1029756. (jd)
February 27, 201259MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 54 Motion for W. Joseph Bruckner to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm)
February 27, 201258MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 53 Motion for Richard A. Lockridge to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm)
February 27, 201257MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 51 Motion for Erin C. Burns to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm)
February 27, 201256MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 52 Motion for Dianne M. Nast to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm)
February 24, 2012 CASHIERS OFFICE REMARK on 53 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/09/2012, Receipt Number 1029198. (jd)
February 24, 2012 CASHIERS OFFICE REMARK on 54 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/09/2012, Receipt Number 1029199. (jd)
February 23, 201271MOTION for Jay Srinivasan to Appear Pro Hac Vice. Document filed by Apple Inc..(bwa)
February 23, 201270MOTION for Daniel S. Floyd to Appear Pro Hac Vice. Document filed by Apple Inc..(bwa)
February 23, 201269MOTION for Daniel G. Swanson to Appear Pro Hac Vice. Document filed by Apple Inc..(bwa)
February 22, 201255NOTICE of CHANGE OF FIRM NAME. Document filed by Kevin Rader-Rhodenbaugh. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08329-DLC(Kovel, David)
February 14, 201252MOTION for Dianne M. Nast to Appear Pro Hac Vice. Document filed by Brian McGee, Carol Ness.(bwa)
February 14, 201251MOTION for Erin C. Burns to Appear Pro Hac Vice. Document filed by Brian McGee, Carol Ness.(bwa)
February 9, 2012 CASHIERS OFFICE REMARK on 49 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 01/11/2012, Receipt Number 1026790. (jd)
February 8, 201254MOTION for W. Joseph Bruckner to Appear Pro Hac Vice. Document filed by Liana Lingofelt, John T. Meyer, Paul J. Meyer.(pgu)
February 8, 201253MOTION for Richard A. Lockridge to Appear Pro Hac Vice. Document filed by Liana Lingofelt, John T. Meyer, Paul J. Meyer.(pgu)
February 1, 201250MEMO ENDORSEMENT ON MOTION FOR ADMISSION PRO HAC VICE granting 49 Motion for Shana E. Scarlett to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/1/2012) (djc)
January 26, 201248MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (46) Motion for Daniel J Mogin to Appear Pro Hac Vice for plaintiff Karina Key in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 1/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd)
January 25, 2012 CASHIERS OFFICE REMARK on 46 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 01/19/2012, Receipt Number 1027326. (jd)
January 20, 201247CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against Apple Inc., Holtzbrinck Publishers, LLC, Penguin Group USA, Inc., Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Simon & Schuster, Inc. with JURY DEMAND.Document filed by Steven D. Campbell, Ronna Hamelin, Marcus Mathis, Shane S. Davis, Kathleen Linda Pitlock, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Charles Leonard Pelton, Sr, Ed Macauley, Sue Roberts, Diane Urbanec, Jessica Moyer, Barbara Heath, Lauren Albert, Cynthia J. Tyler, Matthew A. Hosking, Christian Gilstrap, Kathleen Weiss, Laura J. Warner, Jeremy Sheppeck, James L. Nesmith, Anthony Petru, Thomas Friedman, Anne M. Rinaldi, Sue Ellen Gordon. ***This document relates to all actions.(mro)
January 20, 201245CERTIFICATE OF SERVICE. Document filed by Marcus Mathis, Anthony Petru. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Friedman, Jeff)
January 20, 201244NOTICE OF CHANGE OF ADDRESS by Helene Debra Jaffe on behalf of Simon & Schuster, Inc., Simon & Shuster, Simon & Schuster, Inc., Simon & Schuster, Inc., Simon & Schuster. New Address: Proskauer Rose LLP, Eleven Times Square, New York, New York, USA 10036-8299, 212-969-3900. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Jaffe, Helene)
January 20, 201243Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order.Files in Associated cases: 1:12-cv-476-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
January 19, 201242CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/19/2012) (sjo)
January 18, 201246MOTION for Daniel J. Mogin to Appear Pro Hac Vice. Document filed by Katrina Key.(pgu)
January 17, 201241Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE in case 1:11-cv-05576-DLC; granting (39) Motion for Richard S. Frankowski to Appear Pro Hac Vice in case 1:11-md-02293-DLC for all purposes as counsel for Plaintiff Katrina Key in the above entitled action. Additional relief as st forth in this Order..(Signed by Judge Denise L. Cote on 1/17/12) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl)
January 17, 201240Court Opinion or Order ORDER FOR ADMISSION PRO HAC VICE granting (37) Motion for Eugene A. Spector to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (36) Motion for Eugene A. Spector to Appear Pro Hac Vice in case 1:11-cv-09014-DLC. It is hereby Ordered that Eugene A. Spector is admitted to appear for all purposes as counsel for Pasty Diamond. (Signed by Judge Denise L. Cote on 1/17/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-09014-DLC(mro)
January 17, 2012 CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 1/06/2012, Receipt Number 1026195. (jd)
January 6, 201238NOTICE OF APPEARANCE by James W. Quinn on behalf of Simon & Schuster (Quinn, James)
January 5, 201239MOTION for Richard S. Frankowski to Appear Pro Hac Vice. Document filed by Katrina Key.(wb)
January 3, 201236NOTICE OF APPEARANCE by Gregory Alan Frank on behalf of Andreas Albeck (Frank, Gregory)
December 28, 201135Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases; 1:11-cv-9567-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201134Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases; 1:11-cv-9566-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201133Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9565-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201132Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9564-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201131Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9563-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201130Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Files in Associated Cases: 1:11-cv-9562-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201129Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associared Cases: 1:11-cv-9561-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201128Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9560-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 28, 201127Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order.Filed in Associated Cases 1:11-cv-9559-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
December 27, 201126CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/27/2011) (sjo)
December 23, 201125Court Opinion or Order REVISED CASE MANAGEMENT ORDER: Paragraph III(1)(e) of the December 21 Case Management Order is stricken. The following paragraph is inserted as numbered paragraph III(4): Upon the first appearance of any new defendant(s), Lead Counsel for plaintiffs shall mail to the attorneys for such defendant(s) in such newly filed or transferred case a copy of the December 21 Case Management Order. (Signed by Judge Denise L. Cote on 12/23/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al. (ab)
December 22, 201124CERTIFICATE OF SERVICE of Case Management Order served on Counsel of Record - Non-transferred N.D. Cal. Actions on 12-22-2011. Document filed by Marcus Mathis, Anthony Petru. (Friedman, Jeff)
December 21, 201123Court Opinion or Order CASE MANAGEMENT ORDER: Hagens Berman LLP and Cohen Milstein Sellers & Toll PLLC shall serve as Co-Lead Counsel for all plaintiffs in this action and the class. Every pleading filed in this action, and in any separate action subsequently included therein, shall bear the following caption: IN RE: ELECTRONIC BOOKS ANTITRUST LITIGATION. Amended Pleadings due by 3/16/2012. Motions due by 4/13/2012. Responses due by 5/11/2012. Replies due by 5/25/2012. (Signed by Judge Denise L. Cote on 12/21/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ft)
December 20, 2011 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 12/20/2011. Associated Cases: 1:11-md-02293-DLC et al.(js)
December 20, 201122Court Opinion or Order ORDER: That the Court waives any interest it might have in this putative class action lawsuit. IT IS FURTHER ORDERED that any motion for class certification made in this action shall define the class so as to exclude individuals described in 28 U.S.C. § 455 (b) (4) -(5). (Signed by Judge Denise L. Cote on 12/20/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rdz)
December 19, 201121BRIEF in support of lead plainitiff. Document filed by Jeffrey Evans, Shilpa Grover, Fredric A. Press, Clarissa Weiss. (Attachments: # 1 Supplement Declaration of Doug Thompson, # 2 Exhibit Thompson Exhibit A, # 3 Exhibit Thompson Exhibit B, # 4 Supplement Declaration of Eugene Benick, # 5 Exhibit Benick Exhibit A, # 6 Exhibit Cert. of Service)(Isquith, Fred)
December 19, 201120DECLARATION of Steve W. Berman in Support re: (62 in 1:11-cv-05576-DLC, 70 in 1:11-cv-09016-DLC, 14 in 1:11-cv-08608-DLC, 44 in 1:11-cv-05750-DLC, 34 in 1:11-cv-05896-DLC, 33 in 1:11-cv-05976-DLC, 31 in 1:11-cv-09014-DLC, 43 in 1:11-cv-05609-DLC, 30 in 1:11-cv-07507-DLC, 13 in 1:11-cv-08329-DLC, 33 in 1:11-cv-05898-DLC, 22 in 1:11-cv-07323-DLC, 61 in 1:11-cv-05707-DLC, 31 in 1:11-cv-06079-DLC, 19 in 1:11-md-02293-DLC, 21 in 1:11-cv-07534-DLC, 38 in 1:11-cv-06019-DLC, 60 in 1:11-cv-05621-DLC) MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel.. Document filed by Anthony Petru. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve)
December 19, 201119MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel. Document filed by Anthony Petru.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve)
December 19, 201118BRIEF. Document filed by Jeffrey Evans, Shilpa Grover, Fredric A. Press, Clarissa Weiss.(Isquith, Fred)
December 19, 201117MOTION to Appoint Counsel Notice of Hagens Berman's Application to be Appointed Interim Lead Counsel. Document filed by Anthony Petru.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve)
December 19, 201116MOTION to Appoint Counsel (Application of Katrina Key for Appointment to Represent a Consolidated Putative Class). Document filed by Katrina Key. Return Date set for 12/20/2011 at 02:30 PM. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Guglielmo, Joseph)
December 19, 201115MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Counsel.. Document filed by Patsy Diamond. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Corrigan, Jeffrey)
December 19, 201114MOTION to Appoint Counsel. Document filed by Patsy Diamond.(Corrigan, Jeffrey)
December 19, 201113BRIEF Plaintiff Rhonda Burstein's Application for the Appointment of Grant & Eisenhofer P.A. as Interim Lead Counsel. Document filed by Rhonda Burstein. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Nussbaum, Linda)
December 19, 201112BRIEF re: (10 in 1:11-cv-08608-DLC, 25 in 1:11-cv-09014-DLC, 29 in 1:11-cv-05976-DLC, 30 in 1:11-cv-05896-DLC, 17 in 1:11-cv-07534-DLC, 57 in 1:11-cv-05707-DLC, 40 in 1:11-cv-05750-DLC, 58 in 1:11-cv-05576-DLC, 66 in 1:11-cv-09016-DLC, 26 in 1:11-cv-07507-DLC, 39 in 1:11-cv-05609-DLC, 11 in 1:11-md-02293-DLC, 9 in 1:11-cv-08329-DLC, 34 in 1:11-cv-06019-DLC, 29 in 1:11-cv-05898-DLC, 27 in 1:11-cv-06079-DLC, 56 in 1:11-cv-05621-DLC, 18 in 1:11-cv-07323-DLC) Brief,,,, Declaration of Kit A. Pierson in Support of Application of Cohen Milstein Sellers & Toll PLLC Seeking Appointment to Represent Consolidated Putative Class. Document filed by Marcia Greene, Aubrie Ann Jones, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Harrison Goldman. (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 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Pierson, Kit)
December 19, 201111BRIEF re: (24 in 1:11-cv-07507-DLC, 24 in 1:11-cv-07507-DLC, 28 in 1:11-cv-05896-DLC, 28 in 1:11-cv-05896-DLC, 37 in 1:11-cv-05609-DLC, 37 in 1:11-cv-05609-DLC, 27 in 1:11-cv-05898-DLC, 27 in 1:11-cv-05898-DLC, 54 in 1:11-cv-05621-DLC, 54 in 1:11-cv-05621-DLC, 7 in 1:11-cv-08329-DLC, 7 in 1:11-cv-08329-DLC, 15 in 1:11-cv-07534-DLC, 15 in 1:11-cv-07534-DLC, 38 in 1:11-cv-05750-DLC, 38 in 1:11-cv-05750-DLC, 32 in 1:11-cv-06019-DLC, 32 in 1:11-cv-06019-DLC, 3 in 1:11-md-02293-DLC, 3 in 1:11-md-02293-DLC, 16 in 1:11-cv-07323-DLC, 16 in 1:11-cv-07323-DLC, 25 in 1:11-cv-06079-DLC, 25 in 1:11-cv-06079-DLC, 56 in 1:11-cv-05576-DLC, 56 in 1:11-cv-05576-DLC, 55 in 1:11-cv-05707-DLC, 55 in 1:11-cv-05707-DLC, 8 in 1:11-cv-08608-DLC, 8 in 1:11-cv-08608-DLC, 27 in 1:11-cv-05976-DLC, 27 in 1:11-cv-05976-DLC) Order, Set Deadlines/Hearings,,,,,, Application of Cohen Milstein Sellers & Toll PLLC Seeking Appointment to Represent Consolidated Putative Class. Document filed by Marcia Greene, Aubrie Ann Jones, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Harrison Goldman. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Pierson, Kit)
December 19, 201110NOTICE OF APPEARANCE by Max Raphael Schwartz on behalf of Katrina Key (Schwartz, Max)
December 19, 20119NOTICE OF APPEARANCE by Joseph Peter Guglielmo on behalf of Katrina Key (Guglielmo, Joseph)
December 19, 20118Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
December 19, 20117Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
December 16, 20116CERTIFICATE OF SERVICE of Notice of Pretrial Conference served on SDNY Plaintiffs' Counsel of Record on 12/16/2011. Document filed by Rhonda Burstein. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Nussbaum, Linda)
December 15, 20115Court Opinion or Order STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT: Until this Court sets a response date for Defendants to answer, move, or otherwise respond to a consolidated amended complaint in the Consolidated New York Actions, Defendants have no further need to answer, move, or otherwise respond to the complaint in this action. If any of the Defendants that are a party to this Stipulation responds to a complaint in any of the Actions prior to the time provided in this Stipulation, Defendants will respond to the complaint in this action at the same. time. None of Plaintiffs' claims or Defendants' defenses are prejudiced or waived by its submission of this Stipulation and this stipulation is without prejudice to Plaintiffs' and Defendants' positions as to the dates on which Defendants should answer, move, or otherwise respond to a consolidated amended complaint in the Consolidated New York Actions. (Signed by Judge Denise L. Cote on 12/15/2011) (ft)
December 15, 20114CERTIFICATE OF SERVICE of Notice of Pretrial Conference served on N.D. Cal. Plaintiff Counsel of Record on 12/15/2011. Document filed by Anthony Petru. (Friedman, Jeff)
December 14, 20113NOTICE OF PRETRIAL CONFERENCE: A conference has been scheduled for December 20, 2011 at 2:30 PM at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B in all but one of these actions. A conference has not yet been scheduled in 11cv8329, which was accepted as related on 12/12/2011. A conference in these actions, and for any actions transferred by December 19, 2011, shall be held on December 20, 2011 at 2:30 PM at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. Any plaintiff and plaintiffs' counsel seeking appointment to represent a consolidated putative class shall file an application to do so by December 19 at 10:00 AM. (Signed by Judge Denise L. Cote on 12/14/2011) (jar)
December 9, 20112Court Opinion or Order STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
December 9, 2011 Case Designated ECF. (sjo)
December 9, 2011 CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:11-cv-5576 (DLC), 1:11-cv-5609 (DLC), 1:11-cv-5621 (DLC). (sjo)
December 9, 2011 Magistrate Judge Michael H. Dolinger is so designated. (sjo)
December 9, 20111CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...transferring this action from the United States District Court-that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Southern District of New York and Northern District of California, with consent of that court, assigned to the Honorable Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/09/2011) (sjo)
Docket Report Last Updated: May 23, 2013 03:51:55 PDT

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Plaintiff: Ronna Hamelin 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: James L. Nesmith 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Lauren Albert 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Sue Roberts 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Shane S. Davis 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Sue Ellen Gordon 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Charles Leonard Pelton, Sr. 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Kimberly Whiteside Brooks 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Steven D. Campbell 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Jessica Moyer 
Represented By: Steve W. Berman, Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Andreas Albeck 
Represented By: Jade Erin Butman, Gregory Alan Frank and Jeffrey Farley Keller
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Plaintiff: Rebecca L. Rossman 
Represented By: Steve W. Berman, Jeff D. Friedman, Jeffrey Scott Goldenberg, Todd B. Naylor, Stuart McKinley Paynter and Shana Eve Scarlett
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Plaintiff: Miriam Cummings 
Represented By: Steve W. Berman, Jeff D. Friedman, Jeffrey Scott Goldenberg, Todd B. Naylor, Stuart McKinley Paynter and Shana Eve Scarlett
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Plaintiff: Carole C. Kehl 
Represented By: Steve W. Berman, Jeff D. Friedman, Jeffrey Scott Goldenberg, Todd B. Naylor, Stuart McKinley Paynter and Shana Eve Scarlett
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Plaintiff: Kamal Sonti 
Represented By: Steve W. Berman, Jeff D. Friedman, Jeffrey Scott Goldenberg, Todd B. Naylor, Stuart McKinley Paynter and Shana Eve Scarlett
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Plaintiff: Gretchen Ulbee 
Represented By: Jeff D. Friedman and Shana Eve Scarlett
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Plaintiff: Chad Miller 
Represented By: Vincent J. Esades, Jeffrey Louis Fazio, Dina Elizabeth Micheletti and Renae Diane Steiner
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Plaintiff: Grace Hoke 
Represented By: Vincent J. Esades, Jeffrey Louis Fazio, Dina Elizabeth Micheletti and Renae Diane Steiner
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Plaintiff: Susan Horowitz 
Represented By: Steve W. Berman, Bryan Lee Clobes, Jeff D. Friedman, Daniel Herrera, Ellen Meriwether, Christopher B. Sanchez, Shana Eve Scarlett and Kelly Tucker
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Defendant: MacMillian, Inc 
Represented By: Joel M. Mitnick
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Defendant: Harpercollins Publishers 
Represented By: Clifford Hank Aronson, Paul Madison Eckles, Shepard Goldfein, Richard Stephen Horvath, Jr. and Raoul Dion Kennedy
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Defendant: Penguin Group USA, Inc. 
Represented By: David A. Donohoe, Daniel F. McInnis and Reginald David Steer
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Defendant: Random House Inc. 
Represented By: Saul P Morgenstern
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Defendant: Apple Inc. 
Represented By: Daniel S. Floyd and Daniel G. Swanson
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Defendant: Hachette Book Group 
Represented By: Timothy P. Harkness, Samuel Joseph Rubin and Walter B. Stuart, IV
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Defendant: Simon & Schuster 
Represented By: Yehudah Lev Buchweitz, Helene Debra Jaffe and James W. Quinn
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Defendant: Amazon.Com, Inc. 
Represented By: Robert David Kaplan, Michael Edward Kipling and Jeffrey Ross Wang
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Defendant: Barnes & Noble Inc. 
Represented By: David Boies, II, Julia Carolyn Hamilton and William A. Isaacson
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Defendant: Harpercollins publishers, inc.; 
Represented By: Paul Madison Eckles, Richard Stephen Horvath, Jr. and Raoul Dion Kennedy
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Defendant: Macmillan Publishers, Inc..
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Movant: Katrina Key 
Represented By: Christopher M. Burke
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