Senisi et al v. John Wiley & Sons, Inc.
| Ellen Senisi, Laura Dwight, Louis Psihoyos, Norbert Wu, Mark Gibson, Hazel Hankin and The Estate of Michael Newman |
| John Wiley & Sons, Inc. |
| 1:2013cv03314 |
| May 16, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Schenectady |
| Laura Taylor Swain |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
226
MEMORANDUM OPINION AND ORDER re: 215 MOTION for Reconsideration re; 214 Order, Set Hearings, filed by Ellen Senisi. In light of the foregoing, Senisi's request for reconsideration of the Court's Jan. 7 Order is granted. The Jan. 7 Order is vacated and the 140 claims that were based on copyright registration VA 1-429-916 are dismissed without prejudice. Plaintiff may file her amended complaint no later than April 5, 2016. Should they so desire, either party may move, pursuant to Federal Rule of Civil Procedure 21, for severance of the 140 claims from all other claims remaining in the case. The parties are hereby directed to meet and confer regarding any further anticipated motion practice, the possibility of set tlement and outstanding trial preparation issues. The final pretrial conference in this matter that is currently scheduled for Friday, May 6, 2016, at 11:00 a.m. will instead be a status conference at which the foregoing issues will be discussed. All deadlines relating to the final pretrial conference remain stayed pending further order of the Court. The parties must file a joint status report addressing these issues no later than Friday, April 29, 2016. This Memorandum Opinion and Order resolve s Docket Entry Number 215. (As further set forth in this Order.) (Amended Pleadings due by 4/5/2016.) (Final Pretrial Conference set for 5/6/2016 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 3/15/2016) (spo)
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Filing
209
MEMORANDUM OPINION AND ORDER re: 173 MOTION for Summary Judgment (Partial), filed by John Wiley & Sons, Inc., 168 MOTION for Summary Judgment (Partial), filed by Ellen Senisi. In light of the foregoing, Wiley's moti on for partial summary judgment is granted. All claims based upon the allegedly infringing uses of Senisi's photographs indicated in rows 12-14, 16-18, 64, 68-69, 71-74, 76-84, 89-95, 99-137, 151-90, 192-201, 203-12, 217, 219, 237-39, 251-56 and 262-65 of the chart provided by Wiley (See Butterfield Reply Decl., Ex. 1, Docket Entry No. 174) are hereby dismissed. Plaintiff's motion for partial summary judgment is granted as well, and Wiley's statute of limitations affirmative defen se is stricken. Defendant's letter motion to strike Plaintiff's response to Defendant's Notice of Supplemental Authority is denied. This Memorandum Opinion and Order resolves docket entry numbers 168, 173 and 206. The final pretrial c onference in this matter will be held on Friday, February 19, 2016, at 11:00 a.m. in Courtroom 12D. The stay of pre-conference deadlines and preparation requirements is hereby lifted. (As further set forth in this Order.) (Final Pretrial Conference set for 2/19/2016 at 11:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 11/30/2015) (spo)
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Filing
126
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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