Lavoho, L.L.C. v. Apple Inc. et al
| Lavoho, L.L.C. |
| Apple Inc., Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., Verlagsgruppe Georg Von Holtzbrinck GMBH, The Penguin Group, Simon & Schuster, Inc., Holtzbrinck Publishers, LLC and Penguin Group (USA) LLC, the successor to the named Defendant The Penguin Group |
| 1:2014cv01768 |
| March 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L. Cote |
| Antitrust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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| Filing 246 NOTICE OF APPEAL from 239 Memorandum & Opinion,. Document filed by Diesel eBooks, LLC. Filing fee $ 505.00, receipt number 0208-12043541. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Blecher, Maxwell) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 246 Notice of Appeal, filed by Diesel eBooks, LLC were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 246 Notice of Appeal,. (nd) |
| Filing 245 CLERK'S RULE 54(b)JUDGMENT: That for the reasons stated in the Court's Order dated March 2, 2016, pursuant to Fed. R. Civ. P. 54(b), there is no just reason for delay, final judgment is hereby entered dismissing plaintiff Diesel's claims set forth in the Second Amended Complaint with prejudice (doc. # 234); The Court stays the remainder of this action pending a decision from the Second Circuit on Diesel's appeal of this Court's Opinion and Order (Doc. # 234). (Signed by Clerk of Court Ruby Krajick on 3/3/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) Modified on 3/3/2016 (dt). |
Filing 244
ORDER: On September 18, 2015, the plaintiff filed a motion for summary judgment as to certain counterclaims of the five publisher defendants (Publisher Defendants), which became fully submitted on October 31. On March 2, 2016, the Publisher Defendants counterclaims were stayed. Accordingly, it is herebyORDERED that the plaintiffs motion for summary judgment is dismissed without prejudice. The plaintiff may renew its motion by submitting a letter to the Court, at which time the parties current briefing on the motions will be addressed. (Signed by Judge Denise L. Cote on 3/2/2016) (gr)
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Filing 243
JOINT STIPULATION AND ORDER....1. Pursuant to Rule 54(b) there is no just reason to delay entry of final judgment as to the dismissal of plaintiff Diesel's claims (Doc. #234), and for that reason the Clerk shall enter final judgment dismissing plaintiff Diesel's claims set forth in the Second Amended Complaint with prejudice; and 2. The remainder of this action is stayed pending a decision from the Second Circuit on Diesel's appeal of this Court's Opinion and Order (Doc. #234). (Signed by Judge Denise L. Cote on 3/2/2016) (gr)
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| Filing 242 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated March 2, 2016 re: Status of Counterclaim Settlement Discussions. Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Proposed Rule 54(b) Stipulation and Order)(Lent, Charles) |
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Transmission to Judgments and Orders Clerk. Transmitted re: 234 OPINION & ORDER #106190 and 243 Stipulation and Order to the Judgments and Orders Clerk. (gr)
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| Filing 241 ENDORSED LETTER addressed to Judge Denise L. Cote from Joel M. Mitnick dated February 10, 2016 re: Publisher Defendants' remaining counterclaims and request to modify the February 5, 2016 Order and direct the parties to proceed with settlement discussions concerning the counterclaims under the supervision of a private mediator. ENDORSEMENT: The parties may use the services of this mediator and need not appear before Judge Moses. The Court will assume that it should turn to the outstanding motions as close to March 16 as possible, given the Court's docket, unless the parties advise the Court otherwise before March 16. (Signed by Judge Denise L. Cote on 2/11/2016) (gr) |
| Filing 240 LETTER addressed to Judge Denise L. Cote from Joel M. Mitnick dated February 10, 2016 re: Publisher Defendants' remaining counterclaims and request to modify the February 5, 2016 Order. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
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Filing 239
CORRECTED OPINION & ORDER #106190.......The Publisher Defendants September 18 motion for summary judgment is granted and the plaintiffs claims are dismissed with prejudice. A scheduling order will address the counterclaims, each of which remains in this action. (Signed by Judge Denise L. Cote on 2/5/2016) (Signed by Judge Denise L. Cote on 2/10/2016) (gr) Modified on 2/16/2016 (ca).
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Barbara C. Moses, for Settlement. Magistrate Judge Gabriel W. Gorenstein no longer referred to the case. (ad) |
| DOCKET ANNOTATION: Because this matter has been reassigned to Magistrate Judge Moses, the Order appearing as Docket # 238 is vacated. The settlement conference scheduled for February 29,2016 at 2:30 p.m. is cancelled. Judge Moses will issue a new order regarding a settlement conference. (Gorenstein, Hon. Gabriel W.) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara Moses. Please note that this is a reassignment of the designation only. (ad) |
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Filing 238
ORDER SCHEDULING SETTLEMENT CONFERENCE. A settlement conference in this matter is scheduled for February 29,2016 at 2:30 p.m. in Courtroom 6-B, 500 Pearl Street, New York, New York, and as further set forth in this Order. ( settlement Conference set for 2/29/2016 at 02:30 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/8/16) (sg)
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Filing 237
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Denise L. Cote on 2/5/2016) (gr)
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Filing 236
CORRECTED ORDER: On September 18, 2015, the five publisher defendants (Publisher Defendants) filed a motion for summary judgment, which became fully submitted on October 31. That same day, plaintiff filed a motion for summary judgment as to certain counterclaims of the Publisher Defendants, which became fully submitted on October 31. On October 30, the Publisher Defendants filed a joint motion to exclude expert opinions of James D. Ratliff, which became fully submitted on December 4, and remains pending in this case.On February 5, 2016, the Publisher Defendants summary judgment motion was granted. Accordingly, it is hereby ORDERED that Publisher Defendants October 30 motion to exclude the expert opinions of James D. Ratliff is denied as moot. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Gabriel W. Gorenstein for settlement of the remaining counterclaims. The parties shall promptly contact Judge Gorensteins chambers to arrange settlement discussions under his supervision. The parties shall file a letter by March 16, 2016 informing the Court of the status of the counterclaims and whether it will be necessary for the Court to address plaintiffs September 18 motion for summary judgment. (Signed by Judge Denise L. Cote on 2/5/2016) (gr)
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Filing 235
ORDER: On September 18, 2015, the five publisher defendants (Publisher Defendants) filed a motion for summary judgment, which became fully submitted on October 31. That same day, plaintiff filed a motion for summary judgment as to certain counterclaims of the Publisher Defendants, which became fully submitted on October 31. On October 30, the Publisher Defendants filed a joint motion to exclude expert opinions of James D. Ratliff, which became fully submitted on December 4, and remains pending in this case. On February 5, 2016, the Publisher Defendants summary judgment motion was granted. Accordingly, it is hereby ORDERED that Publisher Defendants October 30 motion to exclude the expert opinions of James D. Ratliff is denied as moot. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Michael H. Dolinger for settlement of the remaining counterclaims. The parties shall promptly contact Judge Dolingers chambers to arrange settlement discussions under his supervision. The parties shall file a letter by March 16, 2016 informing the Court of the status of the counterclaims and whether it will be necessary for the Court to address plaintiffs September 18 motion for summary judgment. (Signed by Judge Denise L. Cote on 2/5/2016) (gr)
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Filing 234
OPINION & ORDER #106190....The Publisher Defendants September 18 motion for summary judgment is granted and the plaintiffs claims are dismissed with prejudice. A scheduling order will address the counterclaims, each of which remains in this action. (Signed by Judge Denise L. Cote on 2/5/2016) (gr) Modified on 2/8/2016 (ca).
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein. Please note that this is a reassignment of the designation only. (wb) |
| Filing 233 ENDORSED LETTER addressed to Judge Denise L. Cote from Saul P. Morgenstern dated February 3, 2016 re: Requesting Termination of A. Croushore As Atty of Record. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/4/2016) (gr) |
| Filing 232 LETTER addressed to Judge Denise L. Cote from Saul P. Morgenstern dated February 3, 2016 re: Requesting Termination of A. Croushore As Atty of Record. Document filed by The Penguin Group (USA) LLC.(Morgenstern, Saul) |
| Filing 231 DECLARATION of Michael J. Guzman in Opposition re: 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF.. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Blecher, Maxwell) |
| Filing 230 MEMORANDUM OF LAW in Opposition re: 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF. . Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 229 DECLARATION of C. Scott Lent in Support re: 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF.. Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Exhibit 1 - Deposition Excerpts of James D. Ratliff)(Lent, Charles) |
| Filing 228 REPLY MEMORANDUM OF LAW in Support re: 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF. . Document filed by HarperCollins Publishers, L.L.C.. (Lent, Charles) |
| Filing 227 ENDORSED LETTER addressed to Judge Denise L. Cote Michael J. Guzman dated December 3, 2015 re: Proposed Redactions to Plaintiffs' Opposition to Defendants' Joint Motion to Exclude James D. Ratliff and Supporting Documents. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 12/15/2015) (gr) |
| Filing 226 ENDORSED LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated December 15, 2015 re: Ratliff Reply Redaction Requests. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 12/15/2015) (gr) |
| Filing 225 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated December 15, 2015 re: Correcting Document No. 167. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 224 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated December 15, 2015 re: Ratliff Reply Redaction Requests. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 223 ENDORSED LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated December 4, 2015 re: Reply Mem. in Support of Defendants_ Joint Motion to Exclude Expert Opinions of James D. Ratliff. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 12/7/2015) (gr) |
| Filing 222 CERTIFICATE OF SERVICE of Defendants Reply Memorandum in Support of Defendants Joint Motion to Exclude Expert Opinions of James D. Ratliff and the Declaration of C. Scott Lent served on All Parties on December 4, 2015. Service was made by e-mail. Document filed by HarperCollins Publishers, L.L.C.. (Lent, Charles) |
| Filing 221 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated December 4, 2015 re: Reply Mem. in Support of Defendants_ Joint Motion to Exclude Expert Opinions of James D. Ratliff. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 220 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated December 3, 2015 re: Proposed Redactions to Plaintiffs' Opposition to Defendants' Joint Motion to Exclude James D. Ratliff and Supporting Documents. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 219 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman and Maxwell M. Blecher dated November 20, 2015 re: Proposed Redactions to Plaintiffs' Opposition to Defendants' Joint Motion to Exclude Expert Opinions of James D. Ratliff and Supporting Documents to the Court by 12/4/2015. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/30/2015) (gr) |
| Filing 218 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher and Michael J. Guzman dated November 20, 2015 re: Proposed Redactions to Plaintiffs' Opposition to Defendants' Joint Motion to Exclude Expert Opinions of James D. Ratliff and Supporting Documents. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
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Filing 217
ORDER granting 214 Motion for Donald Ross Pepperman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 216 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated November 17, 2015 re: Filing of Defendants' Reply Briefs in Support of Their Motions for Summary Judgment. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 215 SEALED DOCUMENT placed in vault.(mps) |
| Filing 214 MOTION for Donald Ross Pepperman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11636341. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diesel eBooks, LLC. (Attachments: # 1 State of California Certificate of Standing, # 2 Supreme Court of California Certificate of Standing, # 3 Order)(Pepperman, Donald) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 214 MOTION for Donald Ross Pepperman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11636341. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 213 DECLARATION of Yehudah L. Buchweitz in Support re: 154 MOTION for Summary Judgment .. Document filed by Simon & Schuster, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Buchweitz, Yehudah) |
| Filing 212 JOINT REPLY MEMORANDUM OF LAW in Support re: 154 MOTION for Summary Judgment . . Document filed by Simon & Schuster, Inc.. (Attachments: # 1 Exhibit A)(Buchweitz, Yehudah) |
| Filing 211 ENDORSED LETTER addressed to Judge Denise L. Cote from Jeff L. White dated November 12, 2015 re: proposed redactions to the defendants' Reply Briefs in support of their motions for summary judgment. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 11/13/2015) (gr) |
| Filing 210 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated November 13, 2015 re: Ratliff Motion Sealed Filing. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 209 SEALED DOCUMENT placed in vault.(mps) |
| Filing 208 DECLARATION of C. Scott Lent in Support re: 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF.. Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Exhibit 1 - Deposition Excerpts of James D. Ratliff, # 2 Exhibit 2 - 2015-03-13 Ratliff Initial Report, # 3 Exhibit 3 - 2015-08-11 Ratliff Reply Report, # 4 Exhibit 4 - 2015-04-24 - Carlton Report (Redacted), # 5 Exhibit 5 - Excerpts of 2015-03-13 Ratliff Initial Report, # 6 Exhibit 6 - Excerpts of 2015-08-11 Ratliff Reply Report)(Lent, Charles) |
| Filing 207 MEMORANDUM OF LAW in Support re: 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF. . Document filed by HarperCollins Publishers, L.L.C.. (Lent, Charles) |
| Filing 206 LETTER addressed to Judge Denise L. Cote from Jeff L. White dated November 12, 2015 re: proposed redactions. Document filed by Simon & Schuster, Inc..(White, Jeffrey) |
| Filing 205 ENDORSED LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated November 12, 2015 re: Ratliff Motion Redactions. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 11/12/2015) (gr) |
| Filing 204 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated November 12, 2015 re: Ratliff Motion Redactions. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 203 SEALED DOCUMENT placed in vault.(mps) |
| Filing 202 LETTER addressed to Judge Denise L. Cote from Joel Mitnick dated November 5, 2015 re: Publisher Defendants' Opposition to the Motion for Partial Summary Judgment filed by Plaintiff Diesel eBooks, LLC. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| Filing 201 DECLARATION of John J. Lavelle in Opposition re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette.. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9 (Redacted), # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12 (Redacted), # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54 (Redacted), # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59 (Redacted), # 60 Exhibit 60, # 61 Exhibit 61 (Redacted), # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64 (Redacted), # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71)(Lavelle, John) |
| Filing 200 COUNTER STATEMENT TO 156 Rule 56.1 Statement. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Mitnick, Joel) |
| Filing 199 MEMORANDUM OF LAW in Opposition re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette. . Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Mitnick, Joel) |
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Filing 198
ORDER On October 30, 2015, defendants filed a Joint Motion to Exclude Expert Opinions of James D. Ratliff. It is hereby ORDERED that the plaintiffs opposition must be submitted by November 20. The defendants reply, if any, must be submitted by December 4. (Signed by Judge Denise Cote on 11/3/2015) (rr)
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| Filing 197 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated November 3, 2015 re: Plaintiffs' Briefing on Joint Motion to Exclude Expert Opinions of James D. Ratliff. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 196 ENDORSED LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated October 30, 2015 re: submission of proposed redactions, if any to the Court. ENDORSEMENT: Redaction requests shall be made by 11/13/15. (Signed by Judge Denise L. Cote on 11/3/2015) (gr) |
| Filing 195 ENDORSED LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated October 30, 2015 re: Defendants propose to meet and confer with Plaintiffs and applicable third parties regarding potential redactions and advise the Court regarding redactions requests by November 13, 2015. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/3/2015) (gr) |
| Filing 194 CERTIFICATE OF SERVICE of Documents Filed in Opposition to Publisher Defendants' Motion for Summary Judgment served on DNAML, Diesel; Books on Board, Apple, HarperCollins, Hachette, Macmillan, Penguin, Simon & Schuster on October 16, 2015. Service was made by Email. Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 193 DECLARATION of Harold Collins in Opposition re: 154 MOTION for Summary Judgment .. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Blecher, Maxwell) |
| Filing 192 DECLARATION of L. Scott Redford in Opposition re: 154 MOTION for Summary Judgment .. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Blecher, Maxwell) |
| Filing 191 DECLARATION of James D. Ratliff in Opposition re: 154 MOTION for Summary Judgment .. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Blecher, Maxwell) |
| Filing 190 DECLARATION of Karl J. Schultz in Opposition re: 154 MOTION for Summary Judgment .. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Blecher, Maxwell) |
| Filing 189 COUNTER STATEMENT TO 167 Rule 56.1 Statement. Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 188 REPLY MEMORANDUM OF LAW in Opposition re: 154 MOTION for Summary Judgment . . Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 187 REPLY AFFIDAVIT of Scott Redford in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette.. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Blecher, Maxwell) |
| Filing 186 REPLY AFFIDAVIT of Harold Collins in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette.. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1)(Blecher, Maxwell) |
| Filing 185 COUNTER RESPONSE TO PUBLISHER DEFENDANTS' STATEMENT OF ADDITIONAL MATERIAL FACTS IN DISPUTE. Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 184 REPLY MEMORANDUM OF LAW in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette. . Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 183 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated October 30, 2015 re: Defendants Reply Briefs in Support of Motions for Summary Judgment and Request for Oral Argument. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 182 MEMO ENDORSEMENT on re: 178 Letter, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC re: Proposed Redactions to Publisher Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 10/30/2015) (kko) |
| Filing 181 JOINT MOTION to Strike DEFENDANTS JOINT NOTICE OF MOTION TO EXCLUDE EXPERT OPINIONS OF JAMES D. RATLIFF. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 180 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated October 30, 2015 re: Motion to Exclude Expert Testimony of James Ratliff. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 179 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated October 29, 2015 re: Redactions to Diesel's Opposition to Publisher Defendants' Motion for Summary Judgment. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 178 LETTER addressed to Judge Denise L. Cote from John J. Lavelle dated October 29, 2015 re: Proposed Redactions to Publisher Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Lavelle, John) |
| Filing 177 LETTER addressed to Judge Denise L. Cote from Taylor C. Wagniere dated 10/20/2015 re: Plaintiffs submit this letter regarding their opposition to the Publisher Defendants' motions for summary judgment in these actions, as well as their exhibits and related documents in support of their opposition.... Document filed by Diesel eBooks, LLC, Abbey House Media, Inc.(gr) |
| Filing 176 ENDORSED LETTER addressed to Judge Denise L. Cote from John J. Lavelle dated October 22, 2015 re: Publisher Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment. The Publisher Defendants propose to meet and confer with Diesel and third parties regarding potential redactions and advise the Court regarding redaction requests by 10/29/2015. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 10/23/2015) (gr) |
| Filing 175 LETTER addressed to Judge Denise L. Cote from John J. Lavelle dated October 22, 2015 re: Publisher Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Lavelle, John) |
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Filing 174
ORDER The parties in these actions are briefing motions for which they seek redactions or for which they have reason to believe that others in or affected by this litigation will have such requests. To the extent there is no schedule already set for the submission of redaction requests to the Court, the following schedule will apply unless otherwise ordered. It is hereby ORDERED that the filing party will provide the Court with copies of the unredacted motion papers at the time they are served. Two hard copies of all notices, memoranda of law, Rule 56.1 statements, and affidavits shall be mailed or hand delivered to the Court, along with all motion papers in electronic form on a CD-ROM, flash drive, or external hard drive. IT IS FURTHER ORDERED that for any papers for which there may be redaction requests, the filing party shall, at the time the motion papers are served, file on ECF a letter with a proposed schedule for submitting redaction requests to the Court. It is presumed that requests for specific redactions should be submitted within two weeks of service of the papers. All redaction requests should follow the procedures set forth in Rule 4(A) of this Courts Individual Practices in Civil Cases. IT IS FURTHER ORDERED that in making redaction requests, the parties shall rely on the guidance given by the Court at the conference of June 9, 2015. IT IS FURTHER ORDERED that parties that have served motion papers but have not yet submitted to the Court the courtesy copies described above should do so by October 23. In light of these new instructions, parties need not submit courtesy copies pursuant to Rule 3(D) of this Courts Individual Practices in Civil Cases. (Signed by Judge Denise Cote on 10/19/2015) (rr)
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| Filing 173 LETTER addressed to Judge Denise L. Cote from Joel M. Mitnick dated October 16, 2015 re: Publisher Defendants' Opposition to Plaintiff's Motion for Partial Summary Judgment. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| Filing 172 LETTER addressed to Judge Denise L. Cote from Harold R. Collins dated October 16, 2015 re: Filing Under Seal Plaintiff's Opposition and Supporting Documents to the Publisher Defendants' Motion for Summary Judgment. Document filed by Diesel eBooks, LLC.(Collins, Harold) |
| Filing 171 SEALED DOCUMENT placed in vault.(mps) |
| Filing 170 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated October 14, 2015 re: Filing of Defendants' Motions for Summary Judgment. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 169 DECLARATION of Yehudah L. Buchweitz in Support re: 154 MOTION for Summary Judgment .. Document filed by Simon & Schuster, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19 (Part 1 of 4), # 20 Exhibit 19 (Part 2 of 4), # 21 Exhibit 19 (Part 3 of 4), # 22 Exhibit 19 (Part 4 of 4), # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48, # 52 Exhibit 49, # 53 Exhibit 50, # 54 Exhibit 51, # 55 Exhibit 52, # 56 Exhibit 53, # 57 Exhibit 54, # 58 Exhibit 55, # 59 Exhibit 56, # 60 Exhibit 57, # 61 Exhibit 58, # 62 Exhibit 59, # 63 Exhibit 60, # 64 Exhibit 61, # 65 Exhibit 62, # 66 Exhibit 63, # 67 Exhibit 64, # 68 Exhibit 65, # 69 Exhibit 66, # 70 Exhibit 67, # 71 Exhibit 68, # 72 Exhibit 69)(Buchweitz, Yehudah) |
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Filing 168
ORDER granting 162 Motion for Harold Runkle Collins to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 167 RULE 56.1 STATEMENT. Document filed by Simon & Schuster, Inc.. (Buchweitz, Yehudah) |
| Filing 166 MEMORANDUM OF LAW in Support re: 154 MOTION for Summary Judgment . . Document filed by Simon & Schuster, Inc.. (Buchweitz, Yehudah) |
| Filing 165 MEMO ENDORSEMENT on re: (165 in 1:13-cv-06516-DLC) Letter filed by Simon & Schuster, Inc. ENDORSEMENT: The requested redactions, which are non-public sales and market share figures, are approved. (Signed by Judge Denise L. Cote on 10/8/2015) (mro) |
| Filing 164 ENDORSED LETTER addressed to Judge Denise L. Cote from Jeff L. White dated September 30, 2015 re: Proposed Redactions. ENDORSEMENT: The proposed redactions shall be submitted to the Court no later than October 6, 2015. (Signed by Judge Denise L. Cote on 10/1/2015) (gr) |
| Filing 163 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman dated September 24, 2015 re: Letter in Opposition to Defendants' Letter Request (Dkt. No. 149) to amend summary judgment briefing schedule. ENDORSEMENT: The defendants' 9/22 request to extend this time to respond to DNAML's motion for summary judgment is granted. Ift shall be due 3 weeks after the Court's ruling on the defendants' summary judgment motion. The reply will be due 2 weeks thereafter. This schedule may e adjusted for holidays. (Signed by Judge Denise L. Cote on 9/28/2015) (gr) |
| Filing 162 MOTION for Harold Runkle Collins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11427881. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diesel eBooks, LLC. (Attachments: # 1 State of California Certificate of Standing, # 2 Supreme Court of California Certificate of Standing, # 3 Order)(Collins, Harold) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 162 MOTION for Harold Runkle Collins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11427881. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 161 ENDORSED LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated September 22, 2015 re: to amend summary judgment briefing schedule ENDORSEMENT: Any opposition to this application is due 9/24/15. (Signed by Judge Denise L. Cote on 9/23/2015) (gr) |
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Filing 160
STIPULATION TO AMEND PARAGRAPH 15(H) OF THE PROTECTIVE ORDER....Hazel-Ann Mayers will replace David Hillman in paragraph 15(h), as the in-house counsel at S&S that may receive Confidential information. No other amendments to the Protective Order is necessary (Signed by Judge Denise L. Cote on 9/22/2015) (gr)
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| Filing 159 MEMO ENDORSEMENT regarding DNAML Pty, Ltd.'s (13cv6516) Request to file the Rule 56.1 Statement of Undisputed Facts and the Memorandum in Support under seal and to publicly file these materials with the highlighted portions redacted as well as to file the entirety of the aforementioned exhibits under seal. ENDORSEMENT: As discussed with the parties on 6/9/15, any requests for redactions must be targeted and well supported. The parties shall promptly advise each other regarding any redaction requests in these cross-motions, then confer, and advise the Court no later than 9/30/15 regarding any requests for redaction that survive. (Signed by Judge Denise L. Cote on 9/21/2015) (gr) |
| Filing 158 MEMORANDUM OF LAW in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette. . Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
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Filing 157
ORDER granting 149 Motion for Taylor Ann Chase-Wagniere to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Maxwell M. Blecher to RE-FILE Document 151 Memorandum of Law in Support of Motion. ERROR(S): No signature or s/. (db) |
| Filing 156 RULE 56.1 STATEMENT. Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Filing 155 DECLARATION of L. Scott Redford in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette.. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blecher, Maxwell) |
| Filing 154 MOTION for Summary Judgment . Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 153 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated September 18, 2015 re: Motion for Summary Judgment. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 152 DECLARATION of Harold Collins in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette.. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Blecher, Maxwell) |
| Filing 151 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette. . Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) Modified on 9/21/2015 (db). |
| Filing 150 MOTION for Summary Judgment as to Counterclaims of MacMillan and Simon & Schuster and for Partial Summary Judgment on the Copyright and Fraud Causes of Action in the Counterclaims of Harpercollins, Penguin and Hachette. Document filed by Diesel eBooks, LLC. Responses due by 10/16/2015(Blecher, Maxwell) |
| Filing 149 MOTION for Taylor Ann Chase-Wagniere to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11406119. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Diesel eBooks, LLC. (Attachments: # 1 State of California Certificate of Standing, # 2 Supreme Court of California Certificate of Standing, # 3 Order)(Wagniere, Taylor) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 149 MOTION for Taylor Ann Chase-Wagniere to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11406119. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 148 MEMO ENDORSEMENT granting 147 Motion to Withdraw as Attorney. Attorney Dorothy Ruolan Du terminated. (Signed by Judge Denise L. Cote on 7/28/2015) (gr) Modified on 7/28/2015 (gr). |
| Filing 147 MOTION for Dorothy R. Du to Withdraw as Attorney . Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Lavelle, John) |
| Filing 146 ANSWER to 123 Counterclaim. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 145 ANSWER to 131 Counterclaim. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 144 ANSWER to 129 Counterclaim. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 143 ANSWER to 134 Counterclaim. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 142 ANSWER to 125 Counterclaim. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 141 ENDORSED LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated June 24, 2015 re: in response to Diesel Ebooks, LLC's ("Diesel") letter dated June 23, 2015 (Dkt. 132). ENDORSEMENT: Diesel may serve 5 interrogatories on each defendant beyond those permitted by the JIRO. (Signed by Judge Denise L. Cote on 6/24/2015) (gr) |
| Filing 140 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated June 24, 2015 re: Response to June 24, 2015 Letter from Yehudah Buchweitz re Discovery. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 139 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated June 24, 2015 re: in response to Diesel Ebooks, LLC's ("Diesel") letter dated June 23, 2015 (Dkt. 132). Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 137 LETTER addressed to Judge Denise L. Cote from Richard Snyder dated June 24, 2015 Document filed by Hachette Book Group, Inc..(Snyder, Richard) |
| Filing 138 SEALED DOCUMENT placed in vault.(mps) |
| Filing 136 SEALED DOCUMENT placed in vault.(rz) |
| Filing 135 LETTER addressed to Judge Denise L. Cote from John J. Lavelle dated June 23, 2015 re: Diesel Counterclaims Filing. Document filed by Holtzbrinck Publishers, LLC.(Lavelle, John) |
| Filing 134 AMENDED ANSWER to 86 Amended Complaint,., COUNTERCLAIM against Diesel eBooks, LLC. Document filed by Holtzbrinck Publishers, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Lavelle, John) |
| Filing 133 LETTER addressed to Judge Denise L. Cote from Saul P. Morgenstern dated June 23, 2015 re: Documents Filed Under Seal. Document filed by The Penguin Group (USA) LLC.(Morgenstern, Saul) |
| Filing 132 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated 06/23/2015 re: Discovery Dispute. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C.. (Attachments: # 1 Exhibit A)(Blecher, Maxwell) |
| Filing 131 AMENDED ANSWER to 86 Amended Complaint,., COUNTERCLAIM against Diesel eBooks, LLC. Document filed by The Penguin Group (USA) LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (filed under seal), # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 (Redacted), # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11 (Redacted), # 12 Exhibit 12, # 13 Exhibit 13 (Redacted), # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Morgenstern, Saul) |
| Filing 130 LETTER addressed to Judge Denise L. Cote from Charles Scott Lent dated June 23, 2015 re: Diesel Counterclaims Filing. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 129 AMENDED ANSWER to 86 Amended Complaint,., COUNTERCLAIM against Diesel eBooks, LLC. Document filed by Hachette Book Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Lacovara, Michael) |
| Filing 128 LETTER addressed to Judge Denise L. Cote from Yehudah L. Buchweitz dated 06/23/2015 re: Filing Under Seal. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 127 SEALED DOCUMENT placed in vault.(mps) |
| Filing 126 SEALED DOCUMENT placed in vault.(rz) |
| Filing 125 AMENDED ANSWER to 86 Amended Complaint,., COUNTERCLAIM against Diesel eBooks, LLC, Lavoho, L.L.C.. Document filed by Simon & Schuster, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Buchweitz, Yehudah) |
| Filing 124 SEALED DOCUMENT placed in vault.(mps) |
| Filing 123 AMENDED ANSWER to 86 Amended Complaint,., COUNTERCLAIM against Diesel eBooks, LLC. Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - FILED UNDER SEAL, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - FILED UNDER SEAL, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K - FILED UNDER SEAL, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O - FILED UNDER SEAL, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Lent, Charles) |
| Filing 122 MEMO ENDORSEMENT So Ordering Parties' agreed upon Revised Schedule. (Signed by Judge Denise L. Cote on 6/22/2015) (gr) |
| Filing 121 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated June 19, 2015 re: Scheduling. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 120 ENDORSED LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated 06/16/2015 re: Counterclaim Redactions. ENDORSEMENT: The redactions are approved. The redacted documents shall be promptly filed. (Signed by Judge Denise L. Cote on 6/18/2015) (gr) |
| Filing 119 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated 06/16/2015 re: Counterclaim Redactions. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
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Filing 118
STIPULATION AND ORDER (Signed by Judge Denise L. Cote on 6/9/2015) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 6/9/2015. (Court Reporter Carol Ganley) (gr) |
| Filing 117 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman dated 6/1/2015 re: Plaintiff DNAML writes to inform the Court that DNAML and the Defendants have come to an agreement regarding a framework for discovery related to the issues raised in Defendants' letter of April 27, 2015..., pursuant to the guidance from the Court given on the telephone conference of May 20, 2015. The terms of the parties' agreement are set forth in Exhibit 1. ENDORSEMENT: The schedule of all cases shall continue to be coordinated. The parties shall confer regarding interim dates, including the completion of discovery in the Projection Dispute. Summary judgment motions are due September 18, 2015; opposition is due October 16; reply is due October 30. The Sept. 18 date is firm. (Signed by Judge Denise L. Cote on 6/8/2015) (gr) |
| Filing 116 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated May 28, 2015 re: in response to Saul P. Morgenstern's letter dated May 21, 2015, concerning counterclaims against Plaintiff Diesel eBooks, LLC by the Publisher Defendants. Document filed by Diesel eBooks, LLC, Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 115 LETTER addressed to Judge Denise L. Cote from Saul P. Morgenstern dated May 21, 2015 re: permission to file amended answers with counterclaims. Document filed by Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., Holtzbrinck Publishers, LLC, Simon & Schuster, Inc., The Penguin Group (USA) LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Attachments: # 1 2015.05.08 Letter to Defendants from Blecher Collins)(Morgenstern, Saul) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/20/2015. (Court Reporter Sonia Huggins) (gr) |
| Filing 114 LETTER addressed to Judge Denise L. Cote from Michael Lacovara dated 5/18/2015 Document filed by Hachette Book Group, Inc..(Lacovara, Michael) |
| Filing 113 MEMO ENDORSEMENT GRANTING JORDAN L. LUDWIG TO WITHDRAWAL AS COUNSEL FOR THE PLAINTIFFS. (Signed by Judge Denise L. Cote on 5/15/2015) (gr) |
| Filing 112 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman dated May 14, 2015 re: Parties request until Monday, May 18, to notify the Court that they have agreed to the scope of further discovery and/or to raise any points of disagreement that may exit. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/15/2015) (gr) |
| Filing 111 NOTICE of of Withdrawal of Counsel Jordan L. Ludwig. Document filed by Diesel eBooks, LLC. (Blecher, Maxwell) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 5/12/2015. (Court Reporter Karen Gorlaski) (gr) |
| Filing 110 LETTER addressed to Judge Denise L. Cote from Michael Lacovara dated 5/8/2015 Document filed by Hachette Book Group, Inc..(Lacovara, Michael) |
| Filing 109 LETTER addressed to Judge Denise L. Cote from Richard Snyder dated May 7, 2015 Document filed by Hachette Book Group, Inc..(Snyder, Richard) |
| Filing 108 SEALED DOCUMENT placed in vault.(mps) |
| Filing 107 LETTER addressed to Judge Denise L. Cote from Michael Lacovara dated April 27, 2015 Document filed by Hachette Book Group, Inc..(Lacovara, Michael) |
| Filing 106 ENDORSED LETTER addressed to Judge Denise L. Cote from Richard Snyder dated April 30, 2015 re: proposed redactions to Defendants' letter dated April 27, 2015. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 5/5/2015) (gr) |
| Filing 105 LETTER addressed to Judge Denise L. Cote from Richard Snyder dated April 30, 2015 re: proposed redactions to Defendants' letter dated April 27, 2015. Document filed by Hachette Book Group, Inc..(Snyder, Richard) |
| Filing 104 LETTER addressed to Judge Denise L. Cote from Richard Snyder dated April 30, 2015 re: proposed redactions to Defendants' letter dated April 27, 2015. Document filed by Hachette Book Group, Inc..(Snyder, Richard) |
| Filing 103 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman dated April 29, 2015 re: Request from Plaintiff DNAML to have until May 6, 2015 to response to Defendants Discovery Letter of April 27, 2015. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/30/2015) (gr) |
| Filing 102 STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE: It is hereby stipulated and agreed by and between plaintiff Diesel eBooks, LLC and Defendant Apple Inc. that the above-captioned action is voluntarily dismissed against Apple Inc with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. (Signed by Judge Denise L. Cote on 4/21/2015) (gr) |
| ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Maxwell Blecher to E-MAIL Document No. 101 Stipulation of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km) |
| Filing 101 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Apple Inc. and each party to bear its own fees and costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) Modified on 4/20/2015 (km). |
| Filing 100 ANSWER to 86 Amended Complaint,. Document filed by Hachette Book Group, Inc..(Lacovara, Michael) |
| Filing 99 ANSWER to 86 Amended Complaint,. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 98 ANSWER to 86 Amended Complaint,. Document filed by The Penguin Group (USA) LLC.(Morgenstern, Saul) |
| Filing 97 ANSWER to 86 Amended Complaint,. Document filed by Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| Filing 96 ANSWER to 86 Amended Complaint,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) |
| Filing 95 ANSWER to 86 Amended Complaint,. Document filed by Apple Inc..(Boutrous, Theodore) |
| Filing 94 ANSWER to 86 Amended Complaint,. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 93 LETTER addressed to Judge Denise L. Cote from Margaret A. Rogers dated February 4, 2015 re: response to plaintiffs' letter dated January30, 2015. Document filed by The Penguin Group (USA) LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rogers, Margaret) |
| Filing 92 LETTER addressed to Judge Denise L. Cote from C. Scott Lent dated January 29, 2015 re: Confirmation of filing unredacted materials. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 91 SEALED DOCUMENT placed in vault.(nm) |
| Filing 90 LETTER addressed to Judge Denise L. Cote from Scott Lent dated January 22, 2015 re: REDACTED Letter Opposing Plaintiffs Letter to Compel Deposition of Brian Murray. Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Lent, Charles) |
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Filing 89
ORDER : On January 20, 2015, the plaintiffs requested that the Court compel the deposition of Brian Murray. On January 23, 2015, defendant HarperCollins Publishers, LLC, opposed the request. It is hereby ORDERED that the plaintiffs' January 20 request is denied. (Signed by Judge Denise L. Cote on 1/26/2015) (gr)
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| Filing 88 ENDORSED LETTER addressed to Judge Denise L. Cote from Charles Scott Lent dated 1/22/2015 re: Defendants request to file the materials identified in the letter under seal and to publicly file those materials with the highlighted portion of the letter and the entirety of the aforementioned exhibits redacted. ENDORSEMENT: Exhibits 3 and 4 may be filed under seal. The request to seal exhibits 1 and 2 is denied. The first redaction in the letter is not approved. The remaining redactions may be made. (Signed by Judge Denise L. Cote on 1/26/2015) (gr) |
| Filing 87 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman dated 1/20/2015 re: request to file the materials identified in the letter under seal and to publicly file those materials with the highlighted portion of the letter and the entirety of the aforementioned exhibits redacted. ENDORSEMENT: Approval of these exhibits, with the exception of exhibit 4, is granted. They may be filed under seal. The proposed redactions from the letter are approved, except for the passages in the paragraph beginning "Second".. (Signed by Judge Denise L. Cote on 1/23/2015) (gr) |
| Filing 86 SECOND AMENDED COMPLAINT amending 43 Amended Complaint, against Apple Inc., Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., Holtzbrinck Publishers, LLC, Simon & Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck GMBH with JURY DEMAND.Document filed by Diesel eBooks, LLC. Related document: 43 Amended Complaint, filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 85 LETTER addressed to Judge Denise L. Cote from Charles Scott Lent dated January 22, 2015 re: Requesting Redactions. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 84 ENDORSED LETTER addressed to Judge Denise L. Cote from Counsel for Plaintiffs DNAML PTY, Ltd and Abbey House Media, Inc., d/b/a Bookonboard, and Diesel Ebooks, LLC dated 1/20/2015 re: Request that the Court order Defendant The Penguin Group to produce documents concerning Penguin's own discounting and price promotion of e-books after it imposed the agency model on its retail distribution partners.... ENDORSEMENT: The plaintiffs may present a proposed stipulation to the defendant Penguin. Any remaining dispute should be brought to the Court's attention next week. (Signed by Judge Denise L. Cote on 1/21/2015) (gr) |
| Filing 83 NOTICE OF APPEARANCE by Margaret Anne Rogers on behalf of The Penguin Group (USA) LLC. (Rogers, Margaret) |
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Filing 82
ORDERED...the plaintiffs shall file an amended complaint by January 23, 2015. Plaintiff will have no further opportunity to amend. (Signed by Judge Denise L. Cote on 12/3/2014) (gr)
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Filing 81
OPINION & ORDER #105068...The plaintiffs shall be permitted to amend their complains to allege damages stemming from foreign sales and the loss of such sales without prejudice to the defendants' right to move to dismiss such claims. A scheduling order for the amendment accompanies this Opinion. (Signed by Judge Denise L. Cote on 12/3/2014) (gr) Modified on 12/16/2014 (ca).
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| Filing 80 NOTICE OF CHANGE OF ADDRESS by Saul P Morgenstern on behalf of The Penguin Group (USA) LLC. New Address: KAYE SCHOLER LLP, 250 West 55th Street, New York, New York, 10019-9710, (212) 836-8000. (Morgenstern, Saul) |
| Filing 79 NOTICE OF APPEARANCE by Dorothy Ruolan Du on behalf of Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Du, Dorothy) |
| Filing 78 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated October 17, 2014 re: Lost Foreign Sales. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 77 LETTER addressed to Judge Denise L. Cote from all Defendants dated October 10, 2014 re: foreign sales. Document filed by Apple Inc..(Swanson, Daniel) |
| Filing 76 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated September 26, 2014 re: Lost Foreign Sales. Document filed by Diesel eBooks, LLC. (Attachments: # 1 Declaration of Robert LiVolsi)(Blecher, Maxwell) |
| Filing 75 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated September 26, 2014 re: Foreign Sales. Document filed by Lavoho, L.L.C.. (Attachments: # 1 Declaration of Robert LiVolsi)(Blecher, Maxwell) |
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Filing 74
ORDER granting 73 Motion for Richard Snyder to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 73 MOTION for Richard Snyder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10131864. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc..(Snyder, Richard) |
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Filing 72
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 9/22/2014) (gr)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 73 MOTION for Richard Snyder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10131864. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 71 ENDORSED LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated September 12, 2014 re: Briefing Schedule re Foreign Sales. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 9/15/2014) (gr) |
| Filing 70 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated September 12, 2014 re: Briefing Schedule re Foreign Sales. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 69 ANSWER to 53 Counterclaim. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
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Filing 68
JOINT ELECTRONIC DISCOVERY SUBMISSION No. 1 AND ORDER - REVISED AUGUST 7, 2014. (Signed by Judge Denise L. Cote on 9/4/2014) (gr)
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| Filing 67 MEMO ENDORSEMENT "So Ordering" the Joint Initial Report - Revised August 28, 2014. (Signed by Judge Denise L. Cote on 9/4/2014) (gr) |
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Filing 66
ORDER granting 64 Motion to Withdraw as Attorney. Attorney Walter B. Stuart, IV terminated. (Signed by Judge Denise L. Cote on 9/2/2014) (gr)
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| Filing 65 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. JOINT INITIAL REPORT REVISED AUGUST 28, 2014 Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Lent, Charles) |
| Filing 64 MOTION for Walter B. Stuart to Withdraw as Attorney . Document filed by Hachette Book Group, Inc..(Stuart, Walter) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 8/14/2014. (Court Reporter Patricia Kaneshiro-Miler) (gr) |
| Filing 63 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. JOINT INITIAL REPORT REVISED AUGUST 7, 2014 Document filed by HarperCollins Publishers, L.L.C.. (Attachments: # 1 Text of Proposed Order JOINT ELECTRONIC DISCOVERY SUBMISSION No. 1 AND [PROPOSED] ORDER REVISED AUGUST 7, 2014)(Lent, Charles) |
| Filing 62 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #63) INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. JOINT INITIAL REPORT REVISED AUGUST 7, 2014 Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) Modified on 8/8/2014 (lb). |
| Filing 61 MEMO ENDORSEMENT granting 60 Letter Motion for Extension of Time to Answer until September 10, 2014. (Signed by Judge Denise L. Cote on 8/1/2014) (gr) |
| Filing 60 LETTER MOTION for Extension of Time to File Answer re: 53 Answer to Amended Complaint, Counterclaim addressed to Judge Denise L. Cote from Maxwell M. Blecher dated July 31, 2014. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 59 ANSWER to 41 Amended Complaint,. Document filed by Penguin Group (USA) LLC, the successor to the named Defendant The Penguin Group.(Morgenstern, Saul) |
| Filing 58 ANSWER to 43 Amended Complaint,. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 57 ANSWER to 43 Amended Complaint,. Document filed by Apple Inc..(Boutrous, Theodore) |
| Filing 56 ANSWER to 43 Amended Complaint,. Document filed by HarperCollins Publishers, L.L.C..(Lent, Charles) |
| Filing 55 ANSWER to 43 Amended Complaint,. Document filed by Hachette Book Group, Inc..(Lacovara, Michael) |
| Filing 54 ANSWER to 43 Amended Complaint,. Document filed by Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| Filing 53 ANSWER to 43 Amended Complaint,., COUNTERCLAIM against Diesel eBooks, LLC. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) |
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Filing 52
STIPULATION AND ORDER (Signed by Judge Denise L. Cote on 6/20/2014) (gr)
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| Filing 51 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael J. Guzman dated 6/20/2014 re: Adjournment of the July 25, 2014 conference. ENDORSEMENT: The conference is adjourned to August 14, 2014 at 2:00 p.m. (Signed by Judge Denise L. Cote on 6/20/2014) (Signed by Judge Denise L. Cote on 6/20/2014) (gr) |
| Filing 50 NOTICE OF APPEARANCE by Michael Lacovara on behalf of Hachette Book Group, Inc.. (Lacovara, Michael) |
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Filing 49
ORDER...a pretrial conference shall be held in these Actions on July 25, 2014 at 4 p.m. in Courtroom 15B...The parties shall be prepared to discuss all topics appropriate for an initial pretrial conference pursuant to Rule 16, Fed. R. Civ. P., including a schedule for fact discovery and settlement talks. The parties shall meet and confer regarding a schedule in these actions before the conference and submit a proposed schedule to the Court by July 23. If the parties cannot agree on a schedule, they shall raise any disputes with the Court on July 23. (See Order) (Signed by Judge Denise L. Cote on 6/5/2014) (gr)
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| Filing 48 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated 05/30/2014 re: Amended Complaints. Document filed by Diesel eBooks, LLC.(Blecher, Maxwell) |
| Filing 47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/14/14 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) |
| Filing 46 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/14/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Alena Lynch, (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 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/25/2014.(Rodriguez, Somari) |
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Filing 45
ORDER:On May 14, 2014, an initial conference was held in the above captioned cases. For the reasons put on the record at that conference it is herebyORDERED that if the plaintiffs wish to amend their complaints to respond to any arguments made by the defendants motion to dismiss in the related case of DNAML v. Apple Inc., et al., 13 Civ. 06516 (DLC), the plaintiffs must do so by May 30, 2014. The plaintiffs will have no further opportunity to amend their complaints to address those arguments. (Signed by Judge Denise L. Cote on 5/16/2014) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 5/14/2014. (Court Reporter Alena Lynch) (gr) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 44 MOTION for Richard Snyder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9669774. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from the Supreme Court if Virginia with Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb) |
| Filing 44 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Richard Snyder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9669774. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc.. (Attachments: # 1 Attachment (Certificates of Good Standing), # 2 Text of Proposed Order)(Snyder, Richard) Modified on 5/14/2014 (wb). |
| Filing 43 FIRST AMENDED COMPLAINT amending 2 Complaint, against Apple Inc., Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., Holtzbrinck Publishers, LLC, Simon & Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck GMBH with JURY DEMAND.Document filed by Diesel eBooks, LLC. Related document: 2 Complaint, filed by Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 42 SECOND LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated May 1, 2014 re: First Amended Complaint. Document filed by Lavoho, L.L.C..(Blecher, Maxwell) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Maxwell Blecher RE: Document No. 41 Amended Complaint. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST Re-file the document and select the correct party you are filing against. (laq) |
| Filing 41 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 2 Complaint, against All Defendants with JURY DEMAND.Document filed by Lavoho, L.L.C.. Related document: 2 Complaint, filed by Lavoho, L.L.C..(Blecher, Maxwell) Modified on 4/29/2014 (laq). |
| Filing 40 LETTER addressed to Judge Denise L. Cote from Maxwell M. Blecher dated April 23, 2014 re: First Amended Complaint. Document filed by Lavoho, L.L.C..(Blecher, Maxwell) |
| Filing 39 NOTICE OF APPEARANCE by Daniel G. Swanson on behalf of Apple Inc.. (Swanson, Daniel) |
| Filing 38 NOTICE OF APPEARANCE by Cynthia E. Richman on behalf of Apple Inc.. (Richman, Cynthia) |
| Filing 37 NOTICE OF APPEARANCE by Theodore J. Boutrous, Jr on behalf of Apple Inc.. (Boutrous, Theodore) |
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Filing 36
ORDER granting 33 Motion for Theodore J. Boutrousto Appear Pro Hac Vice; granting 34 Motion for Daniel G. Swanson to Appear Pro Hac Vice; granting 35 Motion for Cynthia E. Richman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 35 MOTION for CYNTHIA E. RICHMAN to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9556298. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple Inc.. (Attachments: # 1 Declaration of Lawrence J. Zweifach, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)(Zweifach, Lawrence) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 35 MOTION for CYNTHIA E. RICHMAN to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9556298. Motion and supporting papers to be reviewed by Clerk's Office staff., 33 MOTION for THEODORE J. BOUTROUS, JR. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9556267. Motion and supporting papers to be reviewed by Clerk's Office staff., 34 MOTION for DANIEL G. SWANSON to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9556272. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 34 MOTION for DANIEL G. SWANSON to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9556272. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple Inc.. (Attachments: # 1 Declaration of Lawrence J. Zweifach, # 2 Exhibit 1, # 3 Text of Proposed Order)(Zweifach, Lawrence) |
| Filing 33 MOTION for THEODORE J. BOUTROUS, JR. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9556267. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple Inc.. (Attachments: # 1 Declaration of Lawrence J. Zweifach, # 2 Exhibit 1, # 3 Text of Proposed Order)(Zweifach, Lawrence) |
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Filing 32
ORDER granting 29 Motion for Maxwell M. Blecher to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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Filing 31
ORDER granting 30 Motion for Jordan L. Ludwig to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 30 AMENDED MOTION for Jordan L. Ludwig to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lavoho, L.L.C.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Proposed Order)(Creizman, Eric) |
| Filing 29 AMENDED MOTION for Maxwell M. Blecher to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lavoho, L.L.C.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Proposed Order)(Creizman, Eric) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 26 MOTION for Jordan L. Ludwig to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9537247. Motion and supporting papers to be reviewed by Clerk's Office staff., 24 MOTION for Maxwell M. Blecher to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9537245. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing.Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days.Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 AMENDED MOTION for Jordan L. Ludwig to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff., 29 AMENDED MOTION for Maxwell M. Blecher to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 28 CERTIFICATE OF SERVICE of Summons and Complaint,. Apple Inc. served on 3/28/2014, answer due 4/18/2014. Service was accepted by CT CORPORATION. Service was made by MAIL. Document filed by Lavoho, L.L.C.. (Creizman, Eric) |
| Filing 27 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Eric M. Creizman in Support re: 26 MOTION for Jordan L. Ludwig to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9537247. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Lavoho, L.L.C.. (Attachments: # 1 Exhibit A -- Certificate of Good Standing, # 2 Exhibit B -- Proposed Form Of Order)(Creizman, Eric) Modified on 4/7/2014 (wb). |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jordan L. Ludwig to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9537247. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lavoho, L.L.C..(Creizman, Eric) Modified on 4/7/2014 (wb). |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Eric M. Creizman in Support re: 24 MOTION for Maxwell M. Blecher to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9537245. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Lavoho, L.L.C.. (Attachments: # 1 Exhibit A -- Certificate of Good Standing, # 2 Exhibit B -- Proposed Form Of Order)(Creizman, Eric) Modified on 4/7/2014 (wb). |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Maxwell M. Blecher to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9537245. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lavoho, L.L.C..(Creizman, Eric) Modified on 4/7/2014 (wb). |
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Filing 23
STIPULATION AND ORDER. (Signed by Judge Denise L. Cote on 4/4/2014) (gr)
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| Filing 22 NOTICE OF APPEARANCE by Lawrence Jay Zweifach on behalf of Apple Inc.. (Zweifach, Lawrence) |
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Filing 21
STIPULATION AND ORDER. (Signed by Judge Denise L. Cote on 4/1/2014) (gr)
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| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pearson Plc, a U.K. Company, Corporate Parent Bertelsmann SE & Co. KGaA, Corporate Parent Penguin Random House LLC for Penguin Group (USA) LLC, the successor to the named Defendant The Penguin Group. Document filed by Penguin Group (USA) LLC, the successor to the named Defendant The Penguin Group.(Morgenstern, Saul) |
| Filing 19 NOTICE OF APPEARANCE by Saul P Morgenstern on behalf of Penguin Group (USA) LLC, the successor to the named Defendant The Penguin Group. (Morgenstern, Saul) |
| Filing 18 NOTICE OF APPEARANCE by Amanda Christine Croushore on behalf of Penguin Group (USA) LLC, the successor to the named Defendant The Penguin Group. (Croushore, Amanda) |
| Filing 17 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..(Lent, Charles) |
| Filing 16 NOTICE OF APPEARANCE by Charles Scott Lent on behalf of HarperCollins Publishers, L.L.C.. (Lent, Charles) |
| Filing 15 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 Lagardere Media (formerly Hachette SAS) for Hachette Book Group, Inc.. Document filed by Hachette Book Group, Inc..(Stuart, Walter) |
| Filing 14 NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Book Group, Inc.. (Rubin, Samuel) |
| Filing 13 NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Book Group, Inc.. (Stuart, Walter) |
| Filing 12 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, Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel) |
| Filing 11 NOTICE OF APPEARANCE by John J. Lavelle on behalf of Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Lavelle, John) |
| Filing 10 NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Mitnick, Joel) |
| Filing 9 NOTICE OF APPEARANCE by Jeffrey Leonard White on behalf of Simon & Schuster, Inc.. (White, Jeffrey) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CBS Corporation, Corporate Parent French Street Management LLC, Corporate Parent CBS Operations Inc. for Simon & Schuster, Inc.. Document filed by Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 7 NOTICE OF APPEARANCE by Yehudah Lev Buchweitz on behalf of Simon & Schuster, Inc.. (Buchweitz, Yehudah) |
| Filing 6 NOTICE OF APPEARANCE by James W. Quinn on behalf of Simon & Schuster, Inc.. (Quinn, James) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 5/14/2014 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 3/25/2014) (gr) |
| CASE ACCEPTED AS RELATED. Create association to 1:13-cv-06516-DLC. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Michael H. Dolinger is so designated. (pgu) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jordan Lee Ludwig for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 3 Statement of Relatedness, 2 Complaint, 1 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (laq) |
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Filing 4
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (laq)
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| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 13cv6516. Document filed by Lavoho, L.L.C..(laq) (laq). |
| Filing 2 COMPLAINT against Apple Inc., Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., Holztbrinck Publishers, Inc., Simon & Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck GMBH. (Filing Fee $ 350.00, Receipt Number 1090016)Document filed by Lavoho, L.L.C..(laq) (Additional attachment(s) added on 3/20/2014: # 1 cmp part 2) (laq). |
| Filing 1 CIVIL COVER SHEET filed. (laq) (laq). |
| SUMMONS ISSUED as to Apple Inc., Hachette Book Group, Inc., HarperCollins Publishers, L.L.C., Holztbrinck Publishers, Inc., Simon & Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck GMBH. (laq) |
| CASE REFERRED TO Judge Denise L. Cote as possibly related to 13cv6516. (laq) |
| Case Designated ECF. (laq) |
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