We have record of the following docket entries for this case.
| Date Filed | # | Document Text |
|---|
| May 20, 2013 | | Transmission of USCA Mandate/Order to the District Judge re: 256 USCA Mandate. (tp) |
| May 17, 2013 | 259 | FINAL JUDGMENT AS TO DEFENDANTS THE PENGUIN GROUP, A DIVISION OF PEARSON PLC, AND PENGUIN GROUP(USA), INC. in favor of Unites States of America against Penguin Group (USA), Inc., and The Penguin Group. (Signed by Judge Denise L. Cote on 5/17/13) (Attachments: # 1 Notice of Right to Appeal)(ml) |
| May 17, 2013 | 258 | Letter addressed to Judge Denise L. Cote from Bob Kohn dated 5/10/2013 re: By letter dated April 30, 2013, I respectfully requested that the Court hold a hearing on the Plaintiff's Motion for Entry of Final Judgment regarding the Penguin Settlement and that the Court permit me to participate in oral argument at such hearing. ECF #217. In its reply earlier today (ECF #225), the Government made no objection to my request for such a hearing. In addition, given the nature of the Government's response, I respectfully reiterate such request (and apologize for the redundancy, as I have not yet seen an order granting or denying the request). Document filed by Bob Kohn.(lmb) |
| May 17, 2013 | | Transmission to Judgments and Orders Clerk. Transmitted re: 257 Order on Motion for Entry of Judgment under Rule 54(b), to the Judgments and Orders Clerk. (lmb) |
| May 17, 2013 | 257 |  ORDER granting 210 Motion for Entry of Judgment under Rule 54(b). There is no need for a hearing prior to making a determination on the Penguin Final Judgment. The September 5 Opinion comprehensively addresses the arguments raised by the Penguin Comments and Kohn's amicus curiae filing in opposition to the Penguin Final Judgment. The Court thus adopts by reference the reasoning of the September 5 Opinion and its relevant holdings, and finds that entry of final judgment as to Penguin is in the public interest. Accordingly, it is hereby ORDERED that the Government's April 18, 2013 motion for entry of the proposed Penguin Final Judgment is granted. (Signed by Judge Denise L. Cote on 5/17/2013) (lmb) |
| May 17, 2013 | 256 | MANDATE of USCA (Certified Copy) as to 137 Notice of Appeal, filed by Bob Kohn USCA Case Number 12-4017. Appellee United States of America moves to dismiss for lack of standing Appellants appeal from the district courts denial of his motion to intervene under Rule 24(b) of the Federal Rules of CivilProcedure. Upon due consideration, it is hereby ORDERED that the motion, construed as also requesting summary affirmance of the district courts judgment, is GRANTED. We may review a district court order denying permissive intervention as a final order. Ionian Shipping Co. v. British Law Ins. Co., 426 F.2d 186, 189 (2d Cir. 1970). However, assuming arguendo that Appellant hasstanding to appeal the denial of his motion to intervene, the district court did not abuse its discretion in denying permissive intervention as Appellant did not satisfy the requirements of Rule 24(b). See H.L. Hayden Co. of N.Y., Inc. v. Siemens Med. Sys., Inc., 797 F.2d 85, 89 (2d Cir. 1986) (stating thatpermissive intervention pursuant to Rule 24(b) is discretionary with the trial court). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/17/2013. (tp) |
| May 17, 2013 | 255 | Letter addressed to Judge Cote from Howard E. Heiss dated 5/15/2013 re: Amazon seeks to shield from public disclosure evidence that undermines Plaintiffs' case and Amazon's three supporting declarations. But Amazon does not come close to meeting the legal standards for sealing at trial. Apple respectfully submits that the Court should grant public access to this information by denying Amazon's extensive and disruptive redaction requests. Document filed by Apple, Inc., Apple Inc.(gr) |
| May 16, 2013 | | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/16/2013. (Court Reporter Michael McDaniel) (gr) |
| May 16, 2013 | 254 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apple, Inc..(Snyder, Orin) |
| May 16, 2013 | 253 | PRETRIAL MEMORANDUM. Document filed by Apple, Inc..(Snyder, Orin) |
| May 15, 2013 | 252 | ORDER. By letters dated May 15, 2013, non-party Amazon seeks to redact portions of parties' pretrial filings. It is hereby ORDERED that a teleconference will be held on May 16, 2013 at 11 a.m. ( Telephone Conference set for 5/16/2013 at 11:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/15/2013) (gr) |
| May 15, 2013 | 251 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/8/13 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...(Rodriguez, Somari) |
| May 15, 2013 | 250 | TRANSCRIPT of Proceedings re: CONFERENCE held on 5/8/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (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 6/10/2013. Redacted Transcript Deadline set for 6/20/2013. Release of Transcript Restriction set for 8/16/2013.(Rodriguez, Somari) |
| May 14, 2013 | 249 | REPLY MEMORANDUM OF LAW in Support re: 246 MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT TESTIMONY OF PROFESSOR RICHARD GILBERT.. Document filed by Apple, Inc.. (Snyder, Orin) |
| May 14, 2013 | 248 | MEMORANDUM OF LAW in Opposition re: 234 MOTION in Limine to Preclude Dr. Kevin Murphy from Offering at Trial Testimony on His Opinions #1-#3.. Document filed by Apple, Inc.. (Snyder, Orin) |
| May 14, 2013 | 247 | MEMORANDUM OF LAW in Opposition re: 235 MOTION in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects.. Document filed by Apple, Inc.. (Snyder, Orin) |
| May 14, 2013 | 246 | MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE CERTAIN EXPERT TESTIMONY OF PROFESSOR RICHARD GILBERT. Document filed by Apple, Inc..(Snyder, Orin) |
| May 14, 2013 | 245 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apple, Inc..(Snyder, Orin) |
| May 14, 2013 | 244 | MEMORANDUM OF LAW in Opposition re: 232 Pretrial Memorandum / APPLE INC.'S OPPOSITION TO PLAINTIFFS' PRE-TRIAL MEMORANDUM OF LAW. Document filed by Apple, Inc.. (Snyder, Orin) |
| May 14, 2013 | 243 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apple, Inc..(Snyder, Orin) |
| May 14, 2013 | 242 | PRETRIAL MEMORANDUM. Document filed by Apple, Inc..(Snyder, Orin) |
| May 14, 2013 | 241 | ENDORSED LETTER addressed to Judge Cote from Howard E. Heiss dated 5/14/2013 re: We write on behalf of Apple. We request permission to file the nine documents listed, which are unaffected by Amazon's redactions, and await the Court's direction with respect to the filing of Apple's Proposed Findings of Fact and Pre-trial Memorandum. ENDORSEMENT: Apple may file the pre-trial papers as to which there have been no redaction requests. It may file the 2 documents as to which there are redaction requests in redacted form. The Court shall promptly review the requests. (Signed by Judge Denise L. Cote on 5/14/2013) (gr) |
| May 14, 2013 | 240 | REPLY to Response to Motion re: 235 MOTION in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects.. Document filed by Unites States of America. (Fairchild, Stephen) |
| May 14, 2013 | 239 | REPLY to Response to Motion re: 234 MOTION in Limine to Preclude Dr. Kevin Murphy from Offering at Trial Testimony on His Opinions #1-#3.. Document filed by Unites States of America. (Fairchild, Stephen) |
| May 14, 2013 | 238 | OPPOSITION BRIEF United States' Opposition to Apple Inc.'s Motion in Limine to Exclude Certain Expert Testimony of Professor Richard Gilbert. Document filed by Unites States of America.(Fairchild, Stephen) |
| May 14, 2013 | 237 | OPPOSITION BRIEF Plaintiffs' Opposition to Defendants' Motion in Limine to Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Unites States of America.(Fairchild, Stephen) |
| May 14, 2013 | 236 | OPPOSITION BRIEF Plaintiffs' Response to Apple's Pretrial Memorandum of Law. Document filed by Unites States of America.(Fairchild, Stephen) |
| May 14, 2013 | 235 | MOTION in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects. Document filed by Unites States of America.(Fairchild, Stephen) |
| May 14, 2013 | 234 | MOTION in Limine to Preclude Dr. Kevin Murphy from Offering at Trial Testimony on His Opinions #1-#3. Document filed by Unites States of America.(Fairchild, Stephen) |
| May 14, 2013 | 233 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Unites States of America. (Attachments: # 1 Plaintiffs' Proposed Findings of Fact, # 2 Plaintiffs' Proposed Conclusions of Law)(Fairchild, Stephen) |
| May 14, 2013 | 232 | PRETRIAL MEMORANDUM. Document filed by Unites States of America.(Fairchild, Stephen) |
| May 14, 2013 | 231 | JOINT PRELIMINARY TRIAL REPORT. Document filed by Unites States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fairchild, Stephen) |
| May 14, 2013 | 230 | ENDORSED LETTER addressed to Judge Cote from Lawrence E. Buterman dated 5/14/2013 re: Consistent with our May 13 letter to the Court, after conferring with Defendants and all third parties whose documents or data are referenced in Plaintiffs' pretrial papers, Plaintiffs have been informed that there are no confidentiality issues with respect to the following documents. Accordingly, Plaintiffs are prepared to immediately file the aforementioned documents on ECF, and respectfully request permission from the Court to do so. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/14/2013) (gr) |
| May 13, 2013 | 229 | Letter addressed to Judge Denise L. Cote from Orin Snyder dated 5/13/2013 re: Instead, as my letter of earlier today states, Apple asks Your Honor only to order that where a third party's proposed redactions affect the public filing of the pre-trial submissions themselves, that party submit the relevant exhibits containing the purportedly confidential information to the Court. Document filed by Apple, Inc..(man) |
| May 13, 2013 | 228 | ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 5/13/2013 re: Because Apple's proposed Order would result in an unnecessary delay in making the pretrial papers public, the United States respectfully requests that Apple's proposed Order be denied. Instead, the United States requests permission to identify to the Court within the next 24 hours any excerpts from its pretrial papers on which third parties are requesting redactions, or alternatively to inform the Court that no redactions are necessary and that the pretrial papers are ready to be filed publicly. ENDORSEMENT: Approved. All parties to the June 3 trial shall follow this procedure. (Signed by Judge Denise L. Cote on 5/13/2013) (rdz) Modified on 5/16/2013 (rdz). |
| May 13, 2013 | 227 | Letter addressed to Judge Denise L. Cote from Orin Snyder dated 5/13/2013 re: Accordingly, Apple respectfully requests that the Court issue an order (1) directing all third parties that wish to redact portions of trial exhibits affecting the pre-trial submissions to submit to the Court such exhibits, in both clean copy and with proposed redactions highlighted in yellow, by a date specified by the Court, and (2) directing the litigating parties to submit redacted copies of their pre-trial submissions to the Court for public filing within twenty-four (24) hours of the Court's issuing an order redacting any third-party exhibit to the extent necessary to conform to the Court's order. Document filed by Apple, Inc..(rdz) Modified on 5/16/2013 (rdz). |
| May 10, 2013 | | Set/Reset Hearings: Final Pretrial Conference set for 5/23/2013 at 02:30 PM before Judge Denise L. Cote. (mt) |
| May 10, 2013 | 226 | ENDORSED LETTER addressed to Judge Denise Cote from Orin Snyder dated 5/10/2013 re: We represent Apple. Earlier this week, in response to our request, Your Honor kindly agreed to move the final pre-trial conference in the above-captioned matters to Thursday, May 23, at 2:30p.m. if all parties consented. All parties have graciously consented to the new date and time. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/10/2013) (mt) |
| May 10, 2013 | 225 | REPLY MEMORANDUM OF LAW in Support re: 210 MOTION for Entry of Judgment under Rule 54(b) and 15 U.S.C. § 16(b)-(h).. Document filed by Unites States of America. (Fairchild, Stephen) |
| May 8, 2013 | | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/8/2013. (Court Reporter Linda Fisher) (gr) |
| May 7, 2013 | 224 | ORDER: On April 15, 2013, the Court ordered that third parties seeking redaction of either documents or deposition excerpts which the parties are offering as evidence in their direct cases at trial must make any application by May 8. By letters dated May 3 and May 6, respectively, non-parties Google Inc. and Amazon.com, Inc. request an extension of the May 8 deadline and clarification of the non-parties' obligations pursuant to the April 15 order. It is hereby ORDERED that a teleconference to discuss these issues will be held on May 8, 2013 at 3:30 p.m. IT IS FURTHER ORDERED that the May 8 deadline for redaction requests is extended sine die. IT IS FURTHER ORDERED that coordinating counsel for the parties shall notify any non-parties affected by this Order of the May 8 teleconference. Counsel representing parties in any related litigation may also participate in this teleconference., ( Telephone Conference set for 5/8/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2013) (lmb) |
| May 7, 2013 | 223 | 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 DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 222 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.. Wrong case number associated with case. Re-file with correct case number written in pdf. (bwa) |
| May 6, 2013 | 222 | FILING ERROR - DEFICIENT DOCKET ENTRY - 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. 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) Modified on 5/7/2013 (bwa). |
| May 6, 2013 | 221 | NOTICE 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, 2013 | 220 | NOTICE 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 30, 2013 | 218 | MEMORANDUM OPINION & ORDER re: #103160 215 AMENDED MOTION to File Amicus Brief (per docket #215). filed by Bob Kohn. Kohn's April 29, 2013 motion for leave to file an amicus curiae response is granted. Kohn's proposed response isaccepted. (Signed by Judge Denise L. Cote on 4/30/2013) (mt) Modified on 5/2/2013 (jab). |
| April 30, 2013 | 217 | Letter addressed to Judge Denise Cote from Bob Kohn dated 4/29/2013 re: I have filed today, through pro bono counsel, a Motion to File a proposed brief Amicus Curiae in response to the public comments filed by the Government in the above-referenced matter with respect to the proposed Final Judgment with the Penguin defendants...The Court's public interest determination in this matter is of great public concern and, since none of the parties will be opposing the settlement, qualified amicus should be allowed to address the Court.(mt) |
| April 30, 2013 | 216 | MEMORANDUM OF LAW in Support re: 215 AMENDED MOTION to File Amicus Brief (per docket #215).. Document filed by Bob Kohn. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Brower, Steven) |
| April 30, 2013 | 215 | AMENDED MOTION to File Amicus Brief (per docket #215). Document filed by Bob Kohn.(Brower, Steven) |
| April 30, 2013 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Brower to RE-FILE Document 214 MOTION to File Amicus Brief. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| April 29, 2013 | 214 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief. Document filed by Bob Kohn. (Attachments: # 1 Supplement Memorandum in Support of Motion for Amicus, # 2 Exhibit Proposed Amicus Brief)(Brower, Steven) Modified on 4/30/2013 (db). |
| April 29, 2013 | 213 | ORDER: It is hereby ORDERED that, if the States wish to proceed on their Count IV state law claims, the States shall file by May 6, 2013 a supplemental brief providing, at minimum: (i) copies of any relevant state statutes in effect at the time of the alleged misconduct, (ii) citations to opinions, preferably from a state's highest court, describing the elements of the state law cause of action, and (iii) authority describing the extent to which any finding under Section 1 of the Sherman Act might affect those state law claims. IT IS FURTHER ORDERED that any responsive defendants' brief shall be filed by May 17, 2013., ( Brief due by 5/6/2013., Responses due by 5/17/2013.) (Signed by Judge Denise L. Cote on 4/29/2013) (lmb) |
| April 26, 2013 | 219 | 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 | 212 | JOINT STIPULATION ADJOURNING PRE-TRIAL DEADLINES CONCERNING DEFENDANTS HOLTZBRINCK PUBLISHERS, LLC D/B/A MACMILLAN AND VERLAGSGRUPPE GEORG VON HOLTZBRINCK GMBH: The parties to this Joint Stipulation, by and through the undersigned counsel, hereby stipulate and agree as follows: Macmillan and VGvH will not participate as defendants in the Trial. The Pre-Trial Deadlines and all other existing and future deadlines and requirements pertaining to the Trial shall not apply to Macmillan or to VGvH, and shall not apply to Plaintiffs insofar as they concern Macmillan or VGvH, unless otherwise ordered by the Court. In the event that this Court does not approve any of the settlements between the U.S. Department of Justice, the plaintiff States, Macmillan, and VGvH, the parties to any such disapproved settlement shall meet and confer within ten (10) days of the Order disapproving the settlement to devise a plan for trial or other resolution of their claims to present to this Court for its approval. This Joint Stipulation is without prejudice to any claims by Plaintiffs against Macmillan and VGvH, and any defenses thereto, in the event that the Court does not approve one or more of the settlements between those parties, in whole or in part. (Signed by Judge Denise L. Cote on 4/26/2013) (lmb) |
| April 18, 2013 | 211 | MEMORANDUM OF LAW in Support re: 210 MOTION for Entry of Judgment under Rule 54(b) and 15 U.S.C. § 16(b)-(h).. Document filed by Unites States of America. (Attachments: # 1 Exhibit A - Proposed Penguin Final Judgment, # 2 Exhibit B - Certificate of Compliance)(Fleming, Stephanie) |
| April 18, 2013 | 210 | MOTION for Entry of Judgment under Rule 54(b) and 15 U.S.C. § 16(b)-(h). Document filed by Unites States of America.(Fleming, Stephanie) |
| April 17, 2013 | 209 | Letter addressed to Judge Cote from Lawrence E. Buterman dated 4/15/2013 re: We write in response to Apple's April 12 letter. Document filed by United States of America.(gr) |
| April 17, 2013 | 208 | Letter addressed to Judge Cote from Lawrence E. Buterman dated 4/15/2013 re: We write in response to Penguin's April 13 letter. Document filed by United States of America.(gr) |
| April 17, 2013 | 207 | Letter addressed to Judge Cote from Daniel F. McInnis dated 4/13/2013 re: we write in support of, and joining, Apple's letter to the Court, dated 4/12/13, regarding the potentially inappropriate use of inadmissible non-party materials by the plaintiffs. Document filed by Penguin Group (USA), Inc.(gr) |
| April 17, 2013 | 206 | Letter addressed to Judge Cote from Orin Snyder dated 4/13/2013 re: respectfully submit this letter to clarify a sentence in our letter to the Court dated 4/12/2013. Document filed by Apple, Inc.(gr) |
| April 17, 2013 | 205 | Letter addressed to Judge Cote from Orin Snyder dated 4/12/2013 re: the parties' April 26 trial submissions. Document filed by Apple, Inc..(gr) |
| April 15, 2013 | | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 4/15/2013. (Court Reporter Linda Fisher) (gr) |
| April 15, 2013 | 204 | NOTICE of Certification of Defendants Penguin Group (USA), Inc. and The Penguin Group Pursuant to 15 U.S.C. §16(g). Document filed by Penguin Group (USA), Inc., The Penguin Group. (McInnis, Daniel) |
| April 15, 2013 | 203 | ENDORSED LETTER addressed to Judge Denise L. Cote from Carrie A. Syme dated 4/4/2013 re: We write on behalf of the United States and Plaintiff States in the above-referenced matters to seek the Court's guidance regarding certain scheduling and logistical matters relating to the pre-trial filings due April 26, 2013. ENDORSEMENT: Any third party seeking redaction of either documents or deposition excerpts which the parties are offering as evidence in their direct cases at trial must make its application by 5/8/13. The expansion of page limits on memoranda is approved. The parties shall submit one paper and one electronic copy of exhibits., ( Motions due by 5/8/2013.) (Signed by Judge Denise L. Cote on 4/15/2013) (lmb) Modified on 4/17/2013 (lmb). Modified on 4/17/2013 (lmb). |
| April 15, 2013 | 202 | NOTICE of CERTIFICATION OF DEFENDANTS HOLTZBRINCK PUBLISHERS, LLC D/B/A MACMILLAN AND VERLAGSGRUPPE GEORG VON HOLTZBRINCK GMBH PURSUANT TO 15 U.S.C. §16(g). Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Mitnick, Joel) |
| April 5, 2013 | 201 | RESPONSE to Public Comments on the Proposed Penguin Final Judgment. Document filed by Unites States of America. (Attachments: # 1 Exhibit Kohn Comment, # 2 Exhibit NACS Comment, # 3 Exhibit Steerads Comment)(Fairchild, Stephen) |
| April 1, 2013 | 200 | ENDORSED LETTER addressed to Judge Denise L. Cote from Mark Ryan dated 3/29/2013 re: The United States asks that the Court excuse publication of the public comments in the Federal Register and, instead, allow comments to be posted on the Antitrust Division's website in conjunction with Federal Register publication of the internet address at which comments can be read and downloaded. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/29/2013) (lmb) |
| March 20, 2013 | 199 | SEALED DOCUMENT placed in vault.(mps) |
| March 15, 2013 | 198 | Letter addressed to Judge Cote from Apple (Orin Snyder) dated 3/13/2013 re: Tim Cook deposition. On behalf of Apple, we respectfully submit this letter to provide the Court with excerpts from the deposition of Eddie Cue, which was taken by the plaintiffs yesterday in Palo Alto. Document filed by Apple, Inc. (cr) |
| March 15, 2013 | 197 | Letter addressed to Judge Cote from Apple (Orin Snyder) dated 3/11/2013 re: Tim Cook deposition. On behalf of Apple, we respectfully oppose the government's motion to compel the deposition of Timothy Cook, Apple's CEO, and cross-move for a protective order pursuant to Fed. R. Civ. P. 26(c). Document filed by Apple, Inc. (Attachments: #(1) Exhibit A- Cook Declaration, #(2) Exhibit B, #(3) Exhibit C) (cr) |
| March 15, 2013 | 196 | Letter addressed to Judge Cote from the United States (Lawrence E. Buterman) dated 3/6/2013 re: Tim Cook deposition. The United States respectfully requests that the Court compel Apple to produce for deposition its CDO, Tim Cook. Document filed by Unites States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (cr) |
| March 13, 2013 | 195 | ORDER that for the reasons set forth on the record at the teleconference held in this action on 3/13/2013, it is hereby ORDERED that the Government's application to depose Apple's CEO, Tim Cook, is granted. (Signed by Judge Denise L. Cote on 3/13/2013) (gr) |
| March 13, 2013 | 194 | ORDER granting 172 Motion for Carolyn Estelle Hadgikosti Perez to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) |
| March 13, 2013 | | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/13/2013. (Court Reporter Patricia Nilson) (gr) |
| March 13, 2013 | 193 | NOTICE OF APPEARANCE by Howard E. Heiss on behalf of Apple, Inc. (Heiss, Howard) |
| March 12, 2013 | | ***DELETED DOCUMENT as per instructions from Chambers on 3/15/2013. Deleted document number 191 Letter. The document was incorrectly filed in this case. (tro) |
| March 12, 2013 | | ***DELETED DOCUMENT as per Chambers instructions on 3/15/2013. Deleted document number 190 Letter. The document was incorrectly filed in this case. (tro) |
| March 12, 2013 | 192 | ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 3/6/2013 re: The United States is submitting with its letter documents designated by Apple Inc. as "Confidential" pursuant to the Stipulated Protective Order dated May 9, 2012. ENDORSEMENT: All are approved, with one exception, the material on...5408 shall not be redacted. (Signed by Judge Denise L. Cote on 3/12/2013) (lmb) |
| March 8, 2013 | 189 | ORDER: By letter dated March 6, 2013, plaintiff the United States of America requests the Court's assistance in settling a discovery dispute with defendant Apple as to the deposition of Apple CEO, Tim Cook. It is hereby ORDERED that a teleconference regarding the deposition of Mr. Cook will be held on March 13, 2013 at 11:30 a.m. Counsel representing parties in any related litigation may also participate in this teleconference. Telephone Conference set for 3/13/2013 at 11:30 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 3/7/2013) (ft) |
| March 4, 2013 | 188 | NOTICE OF APPEARANCE by Jonathan Henry Sherman on behalf of Barnes & Noble, Inc. (Sherman, Jonathan) |
| February 27, 2013 | 187 | 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, 2013 | 186 | Letter 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, 2013 | 185 | Letter 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 26, 2013 | | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 2/26/2013. (Court Reporter Patricia Nilson) (gr) |
| February 25, 2013 | 184 | 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 21, 2013 | 183 | 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, 2013 | 182 | ORDER: By letter dated February 14, 2013, defendant Apple, Inc. ("Apple") requests the Court's assistance in settling a discovery dispute with respect to non-party Amazon. Having reviewed Apple's February 14 letter and Amazon's letter in response dated February 19, it is hereby ORDERED that a teleconference regarding the discovery dispute with Amazon will be held on Friday, February 22 at 4:00 p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/20/2013) (jcs) |
| February 19, 2013 | 181 | 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 19, 2013 | 180 | ORDER: that the Government shall file with the Court the public comments it receives and any response by May 30, 2013. IT IS FURTHER ORDERED that the Government shall file any motion with respect to a proposed final judgment as to Macmillan by June 13, 2013. Any submissions in response to this motion by a party in the above-captioned action or any related litigation shall be filed by June 27, 2013. The Government shall file any reply by July 8, 2013. (Motions due by 6/13/2013, Responses due by 6/27/2013, Replies due by 7/8/2013.) (Signed by Judge Denise L. Cote on 02/19/2013) (jcs) |
| February 15, 2013 | 179 | 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, 2013 | 178 | NOTICE 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, 2013 | 177 | NOTICE 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, 2013 | 176 | ORDER: It is hereby ordered that the Government shall submit by February 15, 2013 a proposed schedule to govern any motion with respect to the Proposed Final Judgment. So Ordered (Signed by Judge Denise L. Cote on 2/8/2013) (js) |
| February 8, 2013 | 175 | NOTICE of Competitive Impact Statement. Document filed by Unites States of America. (Attachments: # 1 Exhibit A -- Redline to Original Judgment, # 2 Exhibit B -- Redline to Proposed Penguin Final Judgment)(Fairchild, Stephen) |
| February 8, 2013 | 174 | NOTICE of Stipulation Concerning Entry of Proposed Final Judgment as to Macmillan Defendants After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Text of Proposed Order Proposed Final Judgment as to Macmillan Defendants)(Fairchild, Stephen) |
| January 24, 2013 | 173 | ORDER FOR ADMISSION PRO HAC VICE: that Carolyn Estelle Hadgikosti Perez is admitted to practice Pro Hac Vice for all purposes as counsel for Defendant Penguin Group (USA), Inc., in the above-captioned case in the United States District Court for the Southern District of New York. Granted. Attorney Carolyn Hadgikosti Perez for Penguin Group (USA), Inc. admitted Pro Hac Vice. (Signed by Judge Denise L. Cote on 1/24/2013) (pl) Modified on 1/24/2013 (pl). |
| January 24, 2013 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 172 PROPOSED MOTION for Carolyn Estelle Hadgikosti Perez to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8166793. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| January 23, 2013 | 172 | PROPOSED MOTION for Carolyn Estelle Hadgikosti Perez to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8166793. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Penguin Group. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Text of Proposed Order, # 4 Supplement)(Perez, Carolyn) |
| January 15, 2013 | 171 | ENDORSED 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, 2013 | 170 | 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) |
| January 7, 2013 | 169 | ORDER: On January 3, 2013, plaintiff the United States of America (the "Government") filed a proposed schedule to govern further proceedings with respect to the proposed final judgment as to defendants The Penguin Group, a division of Pearson PLC and Penguin Group (USA), Inc. ("Penguin Defendants"). It is hereby ORDERED that the Government shall file with the Court the public comments it receives and any response by April 5, 2013. IT IS FURTHER ORDERED that the Government shall file any motion with respect to a proposed final judgment as to Penguin Defendants by April 19, 2013. Any submissions in response to this motion by a party in the above-captioned action or any related litigation shall be filed by May 3, 2013. The Government shall file any reply by May 10, 2013., ( Motions due by 4/19/2013., Responses due by 5/3/2013., Replies due by 5/10/2013.) (Signed by Judge Denise L. Cote on 1/7/2013) (lmb) |
| January 7, 2013 | 168 | MEMO ENDORSEMENT granting 167 Motion to File Amicus Brief: Granted. (Signed by Judge Denise L. Cote on 1/7/2013) (lmb) |
| January 7, 2013 | 167 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief. Document filed by Bob Kohn. (Attachments: # 1 Supplement Memorandum in Support, # 2 Exhibit Proposed Amicus Brief)(Brower, Steven) Modified on 1/8/2013 (ldi). |
| January 3, 2013 | 166 | NOTICE of Proposed Schedule for Penguin Tunney Act Review. Document filed by Unites States of America. (Fairchild, Stephen) |
| December 19, 2012 | 165 | 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 19, 2012 | 164 | ORDER: Plaintiff the United States of America (the "Government")having filed today a (1) Stipulation concerning entry of a proposed final judgment as to defendants The Penguin Group, a division of Pearson PLC and Penguin Group (USA), Inc. ("Proposed Final Judgment") after compliance with the APPA; and (2) Competitive Impact Statement, it is hereby ORDERED that the Government shall submit by January 3, 2013 a proposed schedule to govern any motion with respect to the Proposed Final Judgment. (Signed by Judge Denise L. Cote on 12/19/2012) (ago) |
| December 18, 2012 | 163 | NOTICE of Competitive Impact Statement. Document filed by Unites States of America. (Fairchild, Stephen) |
| December 18, 2012 | 162 | NOTICE of Stipulation Concerning Entry of Proposed Final Judgment as to Penguin Defendants After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Exhibit Proposed Final Judgment as to Penguin Defendants)(Fairchild, Stephen) |
| December 13, 2012 | 161 | ORDER FOR ADMISSION PRO HAC VICE: granting 160 Motion for Larry E. Tanenbaum to Appear Pro Hac Vice.The motion of Larry E. Tanenbaum for admission to practice Pro Hac Vice in the above captioned matter is granted. (Signed by Judge Denise L. Cote on 12/13/2012) (ama) Modified on 12/17/2012 (ama). |
| December 13, 2012 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 160 MOTION for Larry E. Tanenbaum to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8060983. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| December 13, 2012 | 160 | MOTION for Larry E. Tanenbaum to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8060983. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Penguin Group (USA), Inc.. (Attachments: # 1 Certificates of Good Standing, # 2 Text of Proposed Order, # 3 Certificate of Service)(Tanenbaum, Larry) |
| November 30, 2012 | 159 | 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) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm) |
| November 26, 2012 | | Minute Entry for proceedings held before Judge Denise L. Cote with counsel for the Government and Apple defendant and with Barnes & Noble defendant. Telephone Conference held on 11/26/2012. (Court Reporter Rose Prater) (gr) |
| November 19, 2012 | 158 | JOINT STIPULATION AND ORDER REGARDING REVISED SCHEDULE FOR EXPERT DISCOVERY. The parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate: 1. The date for disclosure of expert identities and general subject matters shall be changed from November 16, 2012 to November 30, 2012; 2. The date for service of opening expert reports shall be changed from January 25, 2013 to February 8, 2013; 3. The date for service of rebuttal expert reports shall be changed from February 15, 2013 to March 1, 2013; and 4. The date for the close of expert discovery shall be changed from March 22, 2013 to March 29, 2013. (Expert Discovery due by 3/29/2013.) (Signed by Judge Denise L. Cote on 11/19/2012) (rjm) |
| November 19, 2012 | 157 | ORDER. It is hereby ORDERED that a teleconference regarding the discovery dispute with Apple will be held on Monday, November 26 at 3:00 p.m. IT IS FURTHER ORDERED that a teleconference regarding the discovery dispute with Barnes & Noble, Inc. will be held on Monday, November 26 at 3:30 p.m. Counsel representing parties in any related litigation may also participate in the teleconferences. (Telephone Conference set for 11/26/2012 at 03:00 PM before Judge Denise L. Cote. Telephone Conference set for 11/26/2012 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/19/2012) (rjm) |
| November 14, 2012 | 156 | NOTICE 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, 2012 | 155 | Redaction 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, 2012 | 154 | Letter 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, 2012 | 153 | Letter 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, 2012 | 152 | Letter 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, 2012 | 151 | Letter 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, 2012 | 150 | Letter 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, 2012 | 149 | Letter addressed to Judge Denise L. Cote from Andrew J. Frackman dated 10/15/2012 re: Position on the remaining issues arising from Defendants' 7/6 subpoena to Amazon, as further set forth in this document. Document filed by Apple, Inc..(ad) |
| October 26, 2012 | 148 | Letter 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 24, 2012 | 147 | TRANSCRIPT 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 23, 2012 | 146 | NOTICE OF APPEARANCE by Orin Snyder on behalf of Apple, Inc. (Snyder, Orin) |
| October 23, 2012 | 145 | NOTICE OF APPEARANCE by Lisa Heather Rubin on behalf of Apple, Inc. (Rubin, Lisa) |
| October 19, 2012 | 144 | 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 19, 2012 | 143 | ORDER. It is hereby ORDERED that all non-settling parties shall confer with respect to a deposition schedule that would permit the June 3 trial to proceed as scheduled. The parties shall provide a joint submission reflecting this proposed schedule to the Court no later than noon on October 25, 2012. IT IS FURTHER ORDERED that a teleconference will be held on October 26, 2012 at 11:00 a.m. (Telephone Conference set for 10/26/2012 at 11:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/19/2012) (rjm) |
| October 18, 2012 | 142 | Letter 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, 2012 | 141 | Letter 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, 2012 | 140 | Letter addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 10/15/2012 re: On the October 9, 2012 conference call with the Court, counsel for Penguin and Macmillan suggested that before they could disavow an Illinois Brick defense to the putative class claims, they required the United States to provide an answer to an agency-related request for admission that Apple had served on the United States. (rjm) |
| October 16, 2012 | | Appeal Fee Payment: for 137 Notice of Appeal,. Filing fee $ 455.00, receipt number 0208-7906649. (Brower, Steven) |
| October 12, 2012 | 139 | NOTICE 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, 2012 | 138 | TRANSCRIPT 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 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 3, 2012 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 45 Order on Motion to Appear Pro Hac Vice, 115 Memorandum of Law in Support of Motion filed by Bob Kohn, 107 Order on Motion to Withdraw as Attorney, 55 Notice of Appearance filed by Unites States of America, 95 MOTION for Steven Brower to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7724985. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Bob Kohn, 118 Order, Set Hearings, 125 Endorsed Letter, 67 Letter, 96 MOTION to File Amicus Brief. filed by Bob Kohn, 43 Protective Order, 24 Notice of Appearance filed by Hachette Book Group, Inc., 129 Endorsed Letter, 4 Notice (Other), Notice (Other) filed by Unites States of America, 116 MOTION to Stay re: 113 Memorandum & Opinion, Pending Appeal filed by Bob Kohn, 51 Notice of Appearance filed by Holtzbrinck Publishers, LLC, 119 Judgment, 70 Letter, filed by Unites States of America, 97 Memorandum of Law in Support of Motion filed by Bob Kohn, 85 MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment filed by American Booksellers Association, Inc., Barnes & Noble, Inc., 76 Status Report filed by Unites States of America, 13 Notice of Appearance filed by HarperCollins Publishers L.L.C., 113 Memorandum & Opinion, 25 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Book Group, Inc., 12 Notice of Appearance filed by HarperCollins Publishers L.L.C., 29 Notice of Appearance filed by Apple, Inc., 15 Rule 7.1 Corporate Disclosure Statement filed by HarperCollins Publishers L.L.C., 106 Declaration in Support of Motion filed by Unites States of America, 20 Notice of Appearance filed by Simon & Schuster, Inc., 19 Notice (Other), Notice (Other) filed by Simon & Schuster, Inc., 10 Rule 7.1 Corporate Disclosure Statement filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 132 Reply Memorandum of Law in Support of Motion filed by Bob Kohn, 62 Notice of Appearance filed by Unites States of America, 40 Order on Motion to Appear Pro Hac Vice, 82 Order on Motion to Appear Pro Hac Vice, 123 Endorsed Letter, 121 Order, Set Motion and R&R Deadlines/Hearings, 8 Letter, filed by Unites States of America, 42 MOTION for Daniel S. Floyd, Daniel G. Swanson & Jagannathan P. Srinivasan to Appear Pro Hac Vice filed by Apple, Inc., 102 Rule 7.1 Corporate Disclosure Statement filed by The Authors Guild, Inc., 28 Order, 54 Answer to Complaint filed by Apple, Inc., 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h) filed by Unites States of America, 134 Letter, filed by Apple, Inc., 2 Order Designating Case Complex Civil Case, 60 Endorsed Letter, 58 Answer to Complaint filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, 35 Notice of Appearance filed by Apple, Inc., 124 Letter, filed by Unites States of America, 56 Rule 7.1 Corporate Disclosure Statement filed by Penguin Group (USA), Inc., The Penguin Group, 3 Notice (Other) filed by Unites States of America, 127 Memorandum of Law in Opposition to Motion filed by Unites States of America, 7 Order, Set Deadlines/Hearings, 101 Memorandum of Law in Support of Motion, filed by The Authors Guild, Inc., 30 Rule 7.1 Corporate Disclosure Statement filed by Holtzbrinck Publishers, LLC, 105 Reply Memorandum of Law in Support of Motion filed by Unites States of America, 21 Notice of Appearance filed by Simon & Schuster, Inc., 84 Memorandum of Law in Support of Motion, filed by American Booksellers Association, Inc., Barnes & Noble, Inc., 41 Notice of Change of Address filed by Apple, Inc., 89 Declaration in Support of Motion, filed by Unites States of America, 39 MOTION for Richard Parker to Appear Pro Hac Vice. filed by Apple, Inc., 103 Memorandum of Law in Opposition to Motion filed by Penguin Group (USA), Inc., The Penguin Group, 87 Memorandum of Law in Support of Motion, filed by American Booksellers Association, Inc., Barnes & Noble, Inc., 126 Letter, filed by Penguin Group (USA), Inc., The Penguin Group, 37 Letter, filed by Shilpa Grover, 11 Notice of Appearance filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 81 Response filed by Unites States of America, 128 Memorandum of Law in Opposition to Motion filed by HarperCollins Publishers L.L.C., 22 Notice of Appearance filed by Simon & Schuster, Inc., 72 Order, 50 Notice of Appearance filed by Holtzbrinck Publishers, LLC, 47 Notice of Appearance filed by Penguin Group (USA), Inc., The Penguin Group, 38 Order Staying Case, 75 MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 9 Notice of Appearance filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 110 Brief filed by Bob Kohn, 64 Status Report filed by Unites States of America, 57 Answer to Complaint filed by Penguin Group (USA), Inc., The Penguin Group, 99 Memorandum of Law in Opposition to Motion filed by Apple, Inc., 83 MOTION for Leave to File Responses to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment filed by American Booksellers Association, Inc., Barnes & Noble, Inc., 79 Notice of Filing Transcript, 27 Case Management Plan, 90 Memorandum of Law in Support of Motion filed by Unites States of America, 49 Notice of Change of Address filed by Unites States of America, 80 Letter filed by Unites States of America, 44 Notice of Appearance filed by The State of Texas, 68 Letter, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 61 Notice (Other), Notice (Other), Notice (Other) filed by Unites States of America, 111 Reply Memorandum of Law in Support of Motion filed by Unites States of America, 46 Notice of Appearance filed by Penguin Group (USA), Inc., The Penguin Group, 53 Notice of Appearance filed by Apple, Inc., 122 Letter, filed by Bob Kohn, 94 Order, 130 Reply Memorandum of Law in Support of Motion filed by Bob Kohn, 5 Notice (Other) filed by Unites States of America, 112 Letter, 77 Order, 86 Declaration in Support of Motion, filed by American Booksellers Association, Inc., Barnes & Noble, Inc., 100 MOTION to File Amicus Brief and Participate as Amicus Curiae filed by The Authors Guild, Inc., 14 Notice of Appearance filed by HarperCollins Publishers L.L.C., 32 Rule 7.1 Corporate Disclosure Statement filed by Apple, Inc., 33 Letter, 117 Memorandum of Law in Support of Motion filed by Bob Kohn, 109 Order on Motion to Appear Pro Hac Vice, 31 Rule 7.1 Corporate Disclosure Statement filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, 52 Notice of Appearance filed by Apple, Inc., 26 Notice (Other) filed by Hachette Book Group, Inc., 93 Memorandum & Opinion, 131 Letter, 69 Letter, 71 Scheduling Order, 137 Notice of Appeal, filed by Bob Kohn, 78 Transcript, 65 Order on Motion to Appear Pro Hac Vice, 1 Complaint, filed by Unites States of America, 66 Letter, filed by Apple, Inc., 104 Memorandum of Law in Opposition to Motion filed by Holtzbrinck Publishers, LLC, 18 Notice of Appearance filed by Simon & Schuster, Inc., 16 Notice (Other) filed by HarperCollins Publishers L.L.C., 92 Rule 7.1 Corporate Disclosure Statement filed by Barnes & Noble, Inc., 136 Memorandum & Opinion, 74 Letter, filed by The State of Texas, 98 AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With Proposed Order), Motion and supporting papers to be reviewed by Clerk's Office staff.AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With Proposed Order), Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Bob Kohn, 23 Notice of Appearance filed by Hachette Book Group, Inc., 133 Internet Citation, 91 Rule 7.1 Corporate Disclosure Statement filed by American Booksellers Association, Inc., 36 Letter, filed by HarperCollins Publishers L.L.C., 6 Notice of Case Assignment/Reassignment, 59 Answer to Complaint filed by Holtzbrinck Publishers, LLC, 108 Order on Motion to File Amicus Brief, 48 Notice of Appearance filed by Unites States of America, 135 Endorsed Letter, Set Hearings, 114 MOTION to Intervene for Purposes of Appeal filed by Bob Kohn, 34 Notice of Appearance filed by Apple, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| October 3, 2012 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 137 Notice of Appeal. (tp) |
| October 3, 2012 | | Appeal Fee Due: for 137 Notice of Appeal. Appeal fee due by 10/17/2012. (tp) |
| October 2, 2012 | 137 | NOTICE OF APPEAL from 136 Memorandum & Opinion. Document filed by Bob Kohn. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit Order Denying Bob Kohn's Motion to Intervene)(Brower, Steven) |
| October 2, 2012 | 136 | MEMORANDUM OPINION AND ORDER # 102454: Bob Kohn's September 7, 2012 motion to intervene is denied. (Signed by Judge Denise L. Cote on 10/2/2012) (js) Modified on 10/5/2012 (ft). |
| September 25, 2012 | 135 | ENDORSED LETTER addressed to Judge Denise L. Cote from Mark W. Ryan dated 9/21/2012 re: Counsel requests that the Court order Apple to begin document production immediately and complete production by no later than October 19, 2012. ENDORSEMENT: The parties shall discuss any remaining objections that Apple has to the requested document production and the date by which Apple's document production shall be substantially complete. If any disputes remain unresolved after these discussions, a telephone conference will be held on October 4 at 10:00 am. (Telephone Conference set for 10/4/2012 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/25/2012) (ft) |
| September 25, 2012 | 134 | Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 9/24/2012 re: Counsel writes to inform the Court that the DOJ's September 21, 2012 letter seeking an order that Apple not "delay" its document production fails to acknowledge the listed key facts establishing Apple's diligence. Document filed by Apple, Inc.(ft) |
| September 24, 2012 | 133 | INTERNET CITATION NOTE: Material from decision with Internet citation re: 113 Memorandum & Opinion. (sj) |
| September 21, 2012 | 132 | AMENDED REPLY MEMORANDUM OF LAW in Support re: 114 MOTION to Intervene for Purposes of Appeal. (pursuant to clerk's notation requesting refiling to comply with typeface rules). Document filed by Bob Kohn. (Brower, Steven) |
| September 21, 2012 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Brower to RE-FILE Document 130 Reply Memorandum of Law in Support of Motion. ERROR(S): Rejected for non-conformance with Local Civil Rules 7.1(a)(2) and 11.1(b). (db) |
| September 20, 2012 | 131 | Letter 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, 2012 | 130 | FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 114 MOTION to Intervene for Purposes of Appeal.. Document filed by Bob Kohn. (Brower, Steven) Modified on 9/21/2012 (db). |
| September 18, 2012 | 129 | ENDORSED 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, 2012 | 128 | MEMORANDUM OF LAW in Opposition re: 114 MOTION to Intervene for Purposes of Appeal.. Document filed by HarperCollins Publishers L.L.C.. (Goldfein, Shepard) |
| September 17, 2012 | 127 | MEMORANDUM OF LAW in Opposition re: 114 MOTION to Intervene for Purposes of Appeal.. Document filed by Unites States of America. (Fairchild, Stephen) |
| September 14, 2012 | 126 | Letter addressed to Judge Denise L. Cote from Daniel Ferrel Mcinnis dated 9/13/2012 re: Counsel writes to follow up regarding Exhibit A to Penguin's Observations with Respect to the Government's Response to Public Comments and Motion For Entry of Final Judgment (DE 103). Document filed by Penguin Group (USA), Inc., The Penguin Group.(ft) |
| September 14, 2012 | 125 | ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel S. Floyd dated 9/10/2012 re: Counsel for the defendant requests that the Court schedule a pre-motion conference. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 9/14/2012) (ft) |
| September 14, 2012 | 124 | Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 9/13/2012 re: Counsel writes to object to Apple's discovery request because it calls for the production of protected attorney work product. Document filed by Unites States of America.(ft) |
| September 12, 2012 | 122 | Letter addressed to Judge Denise Cote from Bob Kohn dated 9/12/2012 re: Last evening, I received a copy of your honor's Order dated September 10, 2012, regarding my motions to intervene for the sole purpose of appeal and to stay the Final Judgment. I am writing to respectfully request that you promptly take one of the following actions. Document filed by Bob Kohn.(ama) |
| September 10, 2012 | 121 | ORDER: Set Deadlines/Hearing as to 114 MOTION to Intervene for Purposes of Appeal. Responses due by 9/17/2012, Replies, if any, due by 9/20/2012 and 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 Street, New York, New York. The motion to stay is denied. (Signed by Judge Denise L. Cote on 9/10/2012) (cd) |
| September 10, 2012 | | Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 9/10/2012. (Court Reporter Rebecca Forman) (gr) |
| 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, 2012 | 120 | SEALED DOCUMENT placed in vault.(mps) |
| September 7, 2012 | 117 | MEMORANDUM OF LAW in Support re: 116 MOTION to Stay re: 113 Memorandum & Opinion,,,, Pending Appeal.. Document filed by Bob Kohn. (Brower, Steven) |
| September 7, 2012 | 116 | MOTION to Stay re: 113 Memorandum & Opinion,,,, Pending Appeal. Document filed by Bob Kohn. (Attachments: # 1 Text of Proposed Order)(Brower, Steven) |
| September 7, 2012 | 115 | MEMORANDUM OF LAW in Support re: 114 MOTION to Intervene for Purposes of Appeal.. Document filed by Bob Kohn. (Brower, Steven) |
| September 7, 2012 | 114 | MOTION to Intervene for Purposes of Appeal. Document filed by Bob Kohn. (Attachments: # 1 Text of Proposed Order)(Brower, Steven) |
| September 6, 2012 | | Transmission to Sealed Records Clerk. Transmitted re: 123 Endorsed Letter, to the Sealed Records Clerk for the sealing or unsealing of document or case. (jfe) |
| September 6, 2012 | 123 | ENDORSED LETTER addressed to Judge Denise L. Cote from Daneil Ferrel McInnis dated 8/15/2012 re: Penguin requests that the Court file the enclosed Exhibit A under seal. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/6/2012) (jfe) |
| September 6, 2012 | 119 | FINAL JUDGMENT as to Defendants Hachette Book Group, Inc., HarperCollins Publishers L.L.C., and Simon & Schuster, Inc. settling action as to them. (Signed by Judge Denise L. Cote on 9/6/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) |
| September 6, 2012 | 118 | 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 5, 2012 | | Transmission to Judgments and Orders Clerk. Transmitted re: 113 Opinion & Order, to the Judgments and Orders Clerk. (ja) |
| September 5, 2012 | 113 | OPINION AND ORDER re: #102322 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h), filed by Unites States of America. Plaintiff the United States of America (the "Government") brings this civil antitrust action against defendants Apple, Inc. (Apple); Hachette Book Group, Inc. (Hachette); HarperCollins Publishers L.L.C. (HarperCollins); Verlagsgruppe Georg Von Holtzbrinck GMBH and Holtzbrinck Publishers, LLC d/b/a MacMillan (collectively, MacMillan); The Penguin Group, a division of Pearson PLC and Penguin Group (USA), Inc. (collectively, Penguin); and Simon & Schuster, Inc. (Simon & Schuster). The Government has moved for entry of a proposed Final Judgment with respect to defendants Hachette, HarperCollins, and Simon & Schuster (the Settling Defendants), pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16(b)-(h) (the APPA or Tunney Act). For the following reasons, the motion for entry of Final Judgment is granted. The Government's August 3, 2012 motion for entry of the proposed Final Judgment is granted. (Signed by Judge Denise L. Cote on 9/5/2012) (ja) Modified on 9/6/2012 (ad). Modified on 9/11/2012 (jab). |
| September 5, 2012 | 112 | Letter addressed to Judge Denise Cote from Simon Lipskar, President Writers House dated 8/10/2012 re: As you are likely aware, I sent a fairly extensive comment to the Department of Justice regarding the proposed settlement in the ebook pricing case. As the time draws near for you to render your judgment as to whether this settlement is in the public interest, I felt that it behooved me to write directly to you to express how profoundly the government had failed to address the objections raised to the settlement in its response to the Tunney Act comments. I apologize in advance for weighing down your desk with even more paper related to this highly contentious - but critically important- matter. (ama) |
| September 5, 2012 | 111 | SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of America. (Buterman, Lawrence) |
| September 4, 2012 | 110 | BRIEF re: 108 Order on Motion to File Amicus Brief,,, 5 PAGE VERSION AMICUS BRIEF of Bob Kohn. Document filed by Bob Kohn.(Brower, Steven) |
| August 28, 2012 | 109 | ORDER FOR ADMISSION PRO HAC VICE: granting 98 Motion for Steven Brower to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 8/28/2012) (jfe) |
| August 28, 2012 | | Set/Reset Deadlines: Responses due by 9/4/2012 (jfe) |
| August 28, 2012 | 108 | ORDER granting 96 Motion to File Amicus Brief; granting 100 Motion to File Amicus Brief. The August 13, 2012 and August 15, 2012 motions by Kohn and the Authors Guild for leave to file amicus curiae responses to DOJ's Tunney Act filings are granted. The Authors Guild's proposed response is accepted. Any amicus curiae response by Kohn must be submitted by September 4, 2012 and must not exceed five pages in length. (Signed by Judge Denise L. Cote on 8/28/2012) (jfe) Modified on 9/6/2012 (jfe). |
| August 27, 2012 | 107 | MEMO ENDORSEMENT on re: 75 Motion to Withdraw as Attorney. Attorney David Joseph Carey terminated. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/27/2012) (jfe) |
| August 22, 2012 | 106 | DECLARATION of Karry Lu in Support re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of America. (Attachments: # 1 Exhibit, # 2 Exhibit)(Fleming, Stephanie) |
| August 22, 2012 | 105 | REPLY MEMORANDUM OF LAW in Support re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of America. (Fleming, Stephanie) |
| August 15, 2012 | 104 | MEMORANDUM OF LAW in Opposition re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Holtzbrinck Publishers, LLC. (Mitnick, Joel) |
| August 15, 2012 | 103 | MEMORANDUM OF LAW in Opposition re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Penguin Group (USA), Inc., The Penguin Group. (McInnis, Daniel) |
| August 15, 2012 | 102 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Authors Guild, Inc..(Levien, Jan) |
| August 15, 2012 | 101 | MEMORANDUM OF LAW in Support re: 100 MOTION to File Amicus Brief and Participate as Amicus Curiae.. Document filed by The Authors Guild, Inc.. (Attachments: # 1 Exhibit Memorandum of [Proposed] Amicus Curiae the Authors Guild, Inc.)(Levien, Jan) |
| August 15, 2012 | 100 | MOTION to File Amicus Brief and Participate as Amicus Curiae. Document filed by The Authors Guild, Inc..(Levien, Jan) |
| August 15, 2012 | 99 | MEMORANDUM OF LAW in Opposition re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Apple, Inc.. (Parker, Richard) |
| August 13, 2012 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 98 AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With Proposed Order). Motion and supporting papers to be reviewed by Clerk's Office staff.AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With Proposed Order). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| August 13, 2012 | 98 | AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With Proposed Order). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bob Kohn. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Brower, Steven) |
| August 13, 2012 | | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 95 MOTION for Steven Brower to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7724985. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (bcu) |
| August 13, 2012 | 97 | MEMORANDUM OF LAW in Support re: 96 MOTION to File Amicus Brief.. Document filed by Bob Kohn. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Brower, Steven) |
| August 13, 2012 | 96 | MOTION to File Amicus Brief. Document filed by Bob Kohn.(Brower, Steven) |
| August 13, 2012 | 95 | MOTION for Steven Brower to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7724985. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bob Kohn. (Attachments: # 1 Exhibit Good Standing Certificate)(Brower, Steven) |
| August 7, 2012 | 94 | 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) |
| August 6, 2012 | 93 | MEMORANDUM OPINION & ORDER re: #102195 85 MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment filed by American Booksellers Association, Inc., Barnes & Noble, Inc. The August 1, 2012 motion submitted by the ABA and Barnes & Noble for leave to file amici curiae responses to DoJ's Tunney Act filings is granted. The submission from the ABA and Barnes & Noble in support of the August 1 motion will be accepted as amici curiae response to the DoJ's Tunney Act filings. No additional filings from the ABA and Barnes & Noble shall be permitted. (Signed by Judge Denise L. Cote on 8/6/2012) (lmb) Modified on 8/15/2012 (jab). |
| August 6, 2012 | 92 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Liberty Media Corporation, Other Affiliate Liberty GIC, Inc., for Barnes & Noble, Inc.. Document filed by Barnes & Noble, Inc..(Wynn, David) |
| August 3, 2012 | 91 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Booksellers Association, Inc..(Wynn, David) |
| August 3, 2012 | 90 | MEMORANDUM OF LAW in Support re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of America. (Fleming, Stephanie) |
| August 3, 2012 | 89 | DECLARATION of Stephanie A. Fleming in Support re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of America. (Attachments: # 1 Exhibit Certificate of Compliance, # 2 Exhibit Proposed Final Judgment)(Fleming, Stephanie) |
| August 3, 2012 | 88 | MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h). Document filed by Unites States of America.(Fleming, Stephanie) |
| August 1, 2012 | 87 | MEMORANDUM OF LAW in Support re: 85 MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment.. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc.. (Wynn, David) |
| August 1, 2012 | 86 | DECLARATION of David N. Wynn in Support re: 85 MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment.. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc.. (Wynn, David) |
| August 1, 2012 | 85 | MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc..(Wynn, David) |
| August 1, 2012 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Neal Wynn to RE-FILE Document 84 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db) |
| August 1, 2012 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Neal Wynn to RE-FILE Document 83 MOTION for Leave to File Responses to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| July 31, 2012 | 84 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 83 MOTION for Leave to File Responses to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc. (Wynn, David) Modified on 8/1/2012 (db). |
| July 31, 2012 | 83 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Responses to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc. (Attachments: # 1 Affidavit Declaration of David N. Wynn with exhibits, # 2 Text of Proposed Order Proposed Order)(Wynn, David) Modified on 8/1/2012 (db). |
| July 26, 2012 | 82 | MEMO 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 23, 2012 | 81 | RESPONSE to Public Comments on the Proposed Final Judgment. Document filed by Unites States of America. (Fleming, Stephanie) |
| July 17, 2012 | | ***DELETED DOCUMENT. Deleted document number 83 Letter. The document was incorrectly filed in this case. Duplicate of entry 80 . (tro) |
| July 12, 2012 | 80 | Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 7/11/2012 re: The United States respectfully submits this response to Mr. Kohn's July 9, 2012 letter. Document filed by Unites States of America.(ama) |
| July 12, 2012 | 79 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/22/12 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...(McGuirk, Kelly) |
| July 12, 2012 | 78 | TRANSCRIPT of Proceedings re: CONFERNCE held on 6/22/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Pamela Utter, (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 8/6/2012. Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set for 10/15/2012.(McGuirk, Kelly) |
| July 9, 2012 | 77 | 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 6, 2012 | 76 | STATUS 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, 2012 | 75 | MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| June 27, 2012 | 74 | Letter 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, 2012 | 73 | Letter 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, 2012 | 72 | 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, 2012 | 71 | 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 21, 2012 | 70 | Letter 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, 2012 | 69 | Letter 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, 2012 | 68 | Letter 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, 2012 | 67 | Letter 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, 2012 | 66 | Letter 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 18, 2012 | 65 | MEMO ENDORSEMENT on 63 Motion for Stephanie A. Fleming to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/18/2012) (djc) |
| June 15, 2012 | 64 | STATUS REPORT. Joint Initial Report of All Parties Document filed by Unites States of America. (Attachments: # 1 Exhibit Proposed Schedules, # 2 Exhibit Parties' Current Disputes, # 3 Exhibit Joint ESI Submission)(Syme, Carrie) |
| June 14, 2012 | 62 | NOTICE OF APPEARANCE by Mark W Ryan on behalf of Unites States of America (Ryan, Mark) |
| June 13, 2012 | 63 | MOTION for Stephanie A. Fleming to Appear Pro Hac Vice. Document filed by Unites States of America.(pgu) |
| June 12, 2012 | 61 | NOTICE of Executed Waivers of Service by Defendants. Document filed by Unites States of America. (Attachments: # 1 Waiver of Service by Apple, Inc., # 2 Waiver of Service by Hachette Book Group, Inc., # 3 Waiver of Service by HarperCollins Publishers L.L.C., # 4 Waiver of Service by Verlagsgruppe Georg von Holtzbrinck GmbH, # 5 Waiver of Service by Holtzbrinck Publishers, LLC d/b/a Macmillan, # 6 Waiver of Service by The Penguin Group, A Division of Pearson PLC, # 7 Waiver of Service by Penguin Group (USA), Inc., # 8 Waiver of Service by Simon & Schuster, Inc.)(Buterman, Lawrence) |
| June 11, 2012 | 60 | ENDORSED LETTER addressed to Judge Denise L Cote from Daniel McCuaig dated 6/7/2012 re: Accordingly, tl1e United States asks that the Court excuse publication of the public comments in the Federal Register and, instead, allow comments to be posted on the Antitrust Division website in conjunction with Federal Register publication of the internet address at which comments can be read and downloaded. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/11/2012) (cd) |
| May 29, 2012 | 59 | ANSWER to 1 Complaint,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) |
| May 29, 2012 | 58 | ANSWER to 1 Complaint,. Document filed by Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| May 29, 2012 | 57 | ANSWER to 1 Complaint,. Document filed by Penguin Group (USA), Inc., The Penguin Group.(McInnis, Daniel) |
| May 29, 2012 | 56 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pearson plc for Penguin Group (USA), Inc., The Penguin Group. Document filed by Penguin Group (USA), Inc., The Penguin Group.(McInnis, Daniel) |
| May 29, 2012 | 55 | NOTICE OF APPEARANCE by Lawrence Edward Buterman on behalf of Unites States of America (Buterman, Lawrence) |
| May 22, 2012 | 54 | ANSWER to 1 Complaint,. Document filed by Apple, Inc..(Floyd, Daniel) |
| May 22, 2012 | 53 | NOTICE OF APPEARANCE by Daniel G. Swanson on behalf of Apple, Inc. (Swanson, Daniel) |
| May 22, 2012 | 52 | NOTICE OF APPEARANCE by Daniel S. Floyd on behalf of Apple, Inc. (Floyd, Daniel) |
| May 16, 2012 | 51 | NOTICE OF APPEARANCE by John Joseph Lavelle on behalf of Holtzbrinck Publishers, LLC (Lavelle, John) |
| May 16, 2012 | 50 | NOTICE OF APPEARANCE by David Joseph Carey on behalf of Holtzbrinck Publishers, LLC (Carey, David) |
| May 16, 2012 | 49 | NOTICE OF CHANGE OF ADDRESS by Carrie Ann Syme on behalf of Unites States of America. New Address: United States Department of Justice, Antitrust Division, 26 Federal Plaza, Room 3630, New York, NY, US 10278, (212) 335-8036. (Syme, Carrie) |
| May 16, 2012 | 48 | NOTICE OF APPEARANCE by Carrie Ann Syme on behalf of Unites States of America (Syme, Carrie) |
| May 11, 2012 | 47 | NOTICE OF APPEARANCE by Allison Sheedy on behalf of Penguin Group (USA), Inc., The Penguin Group (Sheedy, Allison) |
| May 11, 2012 | 46 | NOTICE OF APPEARANCE by Daniel F. McInnis on behalf of Penguin Group (USA), Inc., The Penguin Group (McInnis, Daniel) |
| May 11, 2012 | 45 | ORDER granting 42 Motion for DanielS. Floyd, Daniel G. Swanson, and Jagannathan P. Srinivasan, to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 5/11/2012) (ama) |
| May 10, 2012 | | CASHIERS OFFICE REMARK on 42 Motion to Appear Pro Hac Vice in the amount of $600.00, paid on 05/08/2012, Receipt Number 1037644,1037645,1037646. (jd) |
| May 10, 2012 | 44 | NOTICE 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, 2012 | 43 | 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 8, 2012 | 42 | MOTION for Daniel S. Floyd, Daniel G. Swanson & Jagannathan P. Srinivasan to Appear Pro Hac Vice. Document filed by Apple, Inc.(pgu) |
| May 8, 2012 | | CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 05/01/2012, Receipt Number 1036930. (jd) Modified on 5/8/2012 (kco). |
| May 3, 2012 | 41 | NOTICE OF CHANGE OF ADDRESS by Edward Nathaniel Moss on behalf of Apple, Inc.. New Address: O'Melveny & Myers LLP, 7 Times Square, New York, NY, United States 10036, 212-326-2000. (Moss, Edward) |
| May 3, 2012 | 40 | MEMO ENDORSEMENT on re: 39 Motion for Richard Parker to Appear Pro Hac Vice. ENDORSEMENT: Granted.. (Signed by Judge Denise L. Cote on 5/3/2012) (jfe) |
| May 1, 2012 | 39 | MOTION for Richard Parker to Appear Pro Hac Vice. Document filed by Apple, Inc.(pgu) |
| May 1, 2012 | 38 | 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, 2012 | 37 | Letter 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, 2012 | 36 | Letter 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, 2012 | 35 | NOTICE OF APPEARANCE by Edward Nathaniel Moss on behalf of Apple, Inc. (Moss, Edward) |
| May 1, 2012 | 34 | NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of Apple, Inc. (Frackman, Andrew) |
| April 27, 2012 | 33 | Letter 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 27, 2012 | 32 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple, Inc..(Kim, Hane) |
| April 26, 2012 | 31 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| April 26, 2012 | 30 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Georg von Holtzbrinck GmbH & Co. KG for Holtzbrinck Publishers, LLC. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) |
| April 26, 2012 | 29 | NOTICE OF APPEARANCE by Hane Lee Kim on behalf of Apple, Inc. (Kim, Hane) |
| April 25, 2012 | 28 | 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 23, 2012 | 27 | 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 20, 2012 | 26 | NOTICE of Certification of Defendant Hachette Book Group Pursuant to 15 U.S.C. Section 16(g). Document filed by Hachette Book Group, Inc.. (Stuart, Walter) |
| April 20, 2012 | 25 | 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..(Stuart, Walter) |
| April 20, 2012 | 24 | NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Book Group, Inc. (Rubin, Samuel) |
| April 20, 2012 | 23 | NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Book Group, Inc. (Stuart, Walter) |
| April 20, 2012 | 22 | NOTICE OF APPEARANCE by Yehudah Lev Buchweitz on behalf of Simon & Schuster, Inc. (Buchweitz, Yehudah) |
| April 20, 2012 | 21 | NOTICE OF APPEARANCE by James W. Quinn on behalf of Simon & Schuster, Inc. (Quinn, James) |
| April 20, 2012 | 20 | NOTICE OF APPEARANCE by Helene Debra Jaffe on behalf of Simon & Schuster, Inc. (Attachments: # 1 Certificate of Service)(Jaffe, Helene) |
| April 20, 2012 | 19 | NOTICE of Defendant Simon & Schuster Inc.'s Description and Certification of Written or Oral Communications Concerning the Proposed Final Judgment in this Action. Document filed by Simon & Schuster, Inc.. (Attachments: # 1 Certificate of Service)(Scullion, Jennifer) |
| April 20, 2012 | 18 | NOTICE OF APPEARANCE by Jennifer R. Scullion on behalf of Simon & Schuster, Inc. (Attachments: # 1 Certificate of Service)(Scullion, Jennifer) |
| April 19, 2012 | 16 | NOTICE of Certification of Defendant HarperCollins Pursuant to 15 U.S.C. §16(g). Document filed by HarperCollins Publishers L.L.C.. (Aronson, Clifford) |
| April 19, 2012 | 15 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation for HarperCollins Publishers L.L.C.. Document filed by HarperCollins Publishers L.L.C..(Eckles, Paul) |
| April 19, 2012 | 14 | NOTICE OF APPEARANCE by Clifford Hank Aronson on behalf of HarperCollins Publishers L.L.C. (Aronson, Clifford) |
| April 19, 2012 | 13 | NOTICE OF APPEARANCE by Paul Madison Eckles on behalf of HarperCollins Publishers L.L.C. (Eckles, Paul) |
| April 19, 2012 | 12 | NOTICE OF APPEARANCE by Shepard Goldfein on behalf of HarperCollins Publishers L.L.C. (Goldfein, Shepard) |
| 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. (mro) |
| 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, 2012 | 11 | NOTICE OF APPEARANCE by Alexandra Shear on behalf of Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH (Shear, Alexandra) |
| April 17, 2012 | 10 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) Modified on 4/26/2012 (gp). Modified on 4/26/2012 (gp). |
| April 17, 2012 | 9 | NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH (Mitnick, Joel) |
| April 13, 2012 | 17 | Letter addressed to Judge Denise L Cote from Daniel McCuaig dated 4/11/2012 re: settlement with defendants Hachette Books, HarperCollins, and Simon & Schuster. Document filed by Unites States of America.(cd) |
| April 12, 2012 | 8 | Letter addressed to Judge Denise L. Cote from Daniel McCuaig dated 4/11/2012 re: counsel for plaintiff United States to submit two courtesy copies of the following documents filed today regarding the above-referenced case: 1. Complaint 2. Stipulation and Proposed Final Judgment 3. Competitive Impact Statement 4. Plaintiff United States' Explanation of Consent Decree Procedures,. Document filed by Unites States of America.(pl) |
| April 12, 2012 | 7 | 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, 2012 | | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Stephen Thayer Fairchild to E-MAIL to judgments@nysd.uscourts.gov., Document No. 4 Stipulation. This document is not filed via ECF. (ka) |
| April 11, 2012 | | Magistrate Judge Michael H. Dolinger is so designated. (pgu) |
| April 11, 2012 | 6 | NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (pgu) |
| April 11, 2012 | | CONSOLIDATED MDL CASE: Create association to 1:11-md-02293-DLC. (pgu) |
| April 11, 2012 | | CASE ACCEPTED AS RELATED. Create association to 1:11-md-02293-DLC. Notice of Assignment to follow. (pgu) |
| April 11, 2012 | 5 | NOTICE of Competitive Impact Statement. Document filed by Unites States of America. (Fairchild, Stephen) |
| April 11, 2012 | 4 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Stipulation Concerning Entry of PROPOSED Final Judgment as to Defendants Hachette, HarperCollins, and Simon & Schuster, After Compliance with the APPA. Document filed by Unites States of America. (Attachments: # 1 Exhibit PROPOSED Final Judgment as to Defendants Hachette, HarperCollins, and Simon & Schuster)(Fairchild, Stephen) Modified on 4/12/2012 (ka). |
| April 11, 2012 | 3 | NOTICE of Plaintiff's Explanation of Consent Decree Procedures. Document filed by Unites States of America. (Fairchild, Stephen) |
| April 11, 2012 | 1 | COMPLAINT against Apple, Inc., Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., Simon & Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck GMBH. Document filed by Unites States of America.(tro) |
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