Senisi et al v. John Wiley & Sons, Inc.
||The Estate of Michael Newman, Hazel Hankin, Mark Gibson, Norbert Wu, Louis Psihoyos, Laura Dwight and Ellen Senisi
||John Wiley & Sons, Inc.
||May 16, 2013
||New York Southern District Court
||Foley Square Office
||Laura Taylor Swain
|Nature of Suit:
|Cause of Action:
||17:101 Copyright Infringement
|Jury Demanded By:
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|Date Filed||#||Document Text|
|January 21, 2015
MEMORANDUM OPINION AND ORDER re: 51 MOTION to Dismiss Second Amended Complaint filed by John Wiley & Sons, Inc. For the foregoing reasons, Wiley's motion to dismiss Senisi's copyright claims in favor of arbitration is grante d with respect to all claims arising from the following invoices: ST0538 (dated January 22, 2009), ST0653 (dated February 1, 2007), ST0719 (dated November 26, 2007), ST0719-A (dated December 4, 2007), ST0653 (dated October 6, 2009), ST010008 (dated J une 1, 2010) (see Butterfield Dec., Ex. A), and ST0538 (dated November 3, 2005) (see Butterfield Reply Dec., Ex. C). Wiley's motion to stay the remainder of Senisi's claims pending the conclusion of arbitration is denied. Wiley has proffere d no evidence of bad faith conduct on Plaintiff's part. Its request for an award of attorneys' fees and costs incurred in this motion practice is therefore denied. This Memorandum Opinion and Order resolves docket entry number 51. This case remains referred to Magistrate Judge Peck for general pretrial management. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 1/21/2015) (ajs)
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