Lefkowitz v. John Wiley & Sons, Inc.
||John Wiley & Sons, Inc.
||September 12, 2013
||New York Southern District Court
||Foley Square Office
||XX Out of State
||Katherine Polk Failla
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|Date Filed||#||Document Text|
|June 2, 2014
OPINION AND ORDER re: 26 MOTION for Judgment on the Pleadings, filed by John Wiley & Sons, Inc. For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part. To the extent Plaintiff's copyright infringement claim includes works not listed on the Lefkowitz Chart, those claims are dismissed. Defendant's motion with respect to Plaintiff's direct copyright infringement claim is otherwise denied. Defendant's motion with respect to Plaintiff 's contributory copyright infringement and breach of contract claims is granted, and those claims are dismissed without prejudice. The Clerk of Court is directed to terminate Docket Entry No. 26. Plaintiff is granted leave to file a second ame nded complaint consistent with this Opinion to cure the pleading deficiencies for Plaintiff's contributory copyright infringement claim. Plaintiff shall file his second amended complaint within four weeks from the date of this Opinion, and Plaintiff's failure to do so will result in the entry of dismissal of that claim. The Court will schedule the next pretrial conference in due course. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/2/2014) (ja)
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