Ward v. Barnes & Noble, Inc. et al

Plaintiff: Michael Ward
Defendant: Barnes & Noble, Inc., Sterling Publishing Co., Inc., Francis Heaney and Patrick Blindauer
Case Number: 1:2013cv07851
Filed: November 5, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: XX Out of U.S.
Presiding Judge: Jesse M. Furman
Nature of Suit: Copyrights
Cause of Action: 17:101
Jury Demanded By: None

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Date Filed#Document Text
February 23, 2015 38 Opinion or Order of the Court OPINION AND ORDER re: 19 MOTION for Summary Judgment filed by Patrick Blindauer, Sterling Publishing Co., Inc., Barnes & Noble, Inc., Francis Heaney: For the foregoing reasons, Defendants' summary judgment mot ion is GRANTED in part and DENIED in part. Specifically, all of Plaintiff's claims are dismissed except for his copyright infringement claims based on the texts of the Challenged Books to the extent those claims are based on Plaintiff 9;s U.S. copyright registrations. Within thirty days of this Opinion and Order, the parties shall submit to the Court for its approval a Joint Pretrial Order prepared in accordance with the Court's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). The parties shall also follow Paragraph 5 of the Court's Individual Rules and Practices, which identifies submissions that must be made at or before the time of the Joint Pretrial Order, including any motions in limine. If this action is to be tried before a jury, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions shall be filed on or before the Joint Pretrial Order due date in accordance with the Court's Indi vidual Rules and Practices. Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Fed. R. Civ. P. 51(a)(2)(A). If this action is to be tried to the Court, proposed findings of fact and conclusions of law shall be filed on or before the Joint Pretrial Order due date in accordance with the Court's Individual Rules and Practices. Unless the Court orders otherwise for good cause shown, the parties shall be ready for trial tw o weeks after the Joint Pretrial Order is filed. Finally, if the parties are interested in a referral to Magistrate Judge Maas for settlement purposes, they shall so advise the Court by joint letter as soon as possible. The Clerk of Court is directed to terminate Docket No. 19. (Signed by Judge Jesse M. Furman on 2/23/2015) (tn)

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Search for this case: Ward v. Barnes & Noble, Inc. et al
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Plaintiff: Michael Ward
Represented By: Barry Eran Janay
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Defendant: Barnes & Noble, Inc.
Represented By: Matthew Thomas Salzmann
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Defendant: Sterling Publishing Co., Inc.
Represented By: Matthew Thomas Salzmann
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Defendant: Francis Heaney
Represented By: Matthew Thomas Salzmann
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Defendant: Patrick Blindauer
Represented By: Matthew Thomas Salzmann
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