Blackwell Publishing, Incorporated et al v. Miller
Plaintiffs allege that defendant Norman Miller d/b/a Excel Test Preparation operates a copy shop near the University of Michigan that allows students to reproduce their own coursepack, which includes journals articles and excerpts from books. Plaintiffs further allege that defendant does not arrange for permission to copy the materials in the coursepacks from the Copyright Clearance Center, INc.
| Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated and John Wiley and Sons, Incorporated |
| Norman Miller and Excel Research Group, LLC |
| 2:2007cv12731 |
| June 28, 2007 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| XX US, Outside State |
| Avern Cohn |
| Virginia M Morgan |
| Copyright |
| No cause code entered |
| Defendant |
Docket Report
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| Filing 57 CONSENT JUDGMENT Signed by District Judge Avern Cohn. (PPau) |
| Filing 56 CONSENT Judgment by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) |
| Filing 55 Plaintiffs' STATEMENT of Case Management by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) |
Filing 54
MEMORANDUM and ORDER granting 44 Plaintiffs' Motion for Partial Summary Judgment. Signed by District Judge Avern Cohn. (JOwe)
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| Minute Entry - Motion Hearing held on 9/30/2009 re 44 MOTION for Summary Judgment filed by John Wiley and Sons, Incorporated, Sage Publications, Incorporated, Oxford University Press, Incorporated, Elsevier, Incorporated, Blackwell Publishing, Incorporated before District Judge Avern Cohn. Disposition: Taken Under Advisement(Court Reporter Ronald DiBartolomeo) (JOwe) |
| Filing 53 Joint Submission of STATEMENT of Facts Relevant to Plaintiffs' Motion for Partial Summary Judgment by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) |
| Filing 52 NOTICE of hearing on 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts. Motion Hearing reset for 9/30/2009 02:00 PM before District Judge Avern Cohn. (JOwe) |
| Filing 51 REPLY to Response re 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts Plaintiffs' Reply to Defendants' Statement of Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) |
| Filing 50 DECLARATION by William S. Strong re 48 Reply to Response to Motion, 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Mainelli Burke, Amy) |
| Filing 49 DECLARATION by Barbara Cohen re 48 Reply to Response to Motion, 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) |
| Filing 48 REPLY to Response re 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) |
| Filing 47 NOTICE of hearing on 44 MOTION for Summary Judgment. Motion Hearing set for 9/25/2009 10:00 AM before District Judge Avern Cohn. (JOwe) |
| Filing 46 RESPONSE to 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts filed by Norman Miller. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Nacht, David) |
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Filing 45
STIPULATED ORDER for Extension of Time to File Response as to 44 MOTION for Summary Judgment :( Response due by 7/27/2009) Signed by District Judge Avern Cohn. (JOwe)
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| Filing 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Barbara Cohen, # 3 Exhibit 2 - Declaration of Paul Doda, # 4 Exhibit 3 - Declaration of Roy Kaufman, # 5 Exhibit 4 - Declaration of Sara Van Valkenberg, # 6 Exhibit 5 - Declaration of William S. Strong) (Mainelli Burke, Amy) |
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Filing 43
STIPULATED ORDER for Extension of Dispositive Motion Cut-off Deadline Signed by District Judge Avern Cohn. (JOwe)
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Filing 42
STIPULATED ORDER for Extension of Discovery, ( Discovery due by 4/24/2009, Dispositive Motion Cut-off set for 5/26/2009, Final Pretrial Conference set for 9/1/2009 02:00 PM before District Judge Avern Cohn, Jury Trial set for 9/28/2009 09:00 AM before District Judge Avern Cohn) Signed by District Judge Avern Cohn. (JOwe)
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Filing 41
SCHEDULING ORDER: Discovery due by 2/23/2009 Dispositive Motion Cut-off set for 3/23/2009 Final Pretrial Conference set for 6/23/2009 02:00 PM before District Judge Avern Cohn Jury Trial set for 7/20/2009 09:00 AM before District Judge Avern Cohn Signed by District Judge Avern Cohn. (Refer to image for additional information) (JOwe)
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| Minute Entry -Status Conference held on 11/12/2008 before District Judge Avern Cohn. (JOwe) |
| Filing 40 RESPONSE to 35 MOTION for Default Judgment as to Norman Miller, Excel Research Group, LLC filed by Norman Miller, Excel Research Group, LLC. (Nacht, David) |
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Filing 39
ORDER granting 38 Defendants' Motion for Status Conference. Signed by District Judge Avern Cohn. (JOwe)
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| Set Deadlines/Hearings: Status Conference set for 11/12/2008 02:00 PM before District Judge Avern Cohn (JOwe) |
| Filing 38 MOTION Status Conference by Norman Miller. (Nacht, David) |
| Filing 37 NOTICE of Appearance by David A. Nacht on behalf of Excel Research Group, LLC. (Nacht, David) |
| Filing 36 NOTICE of hearing on 35 MOTION for Default Judgment as to Norman Miller, Excel Research Group, LLC. Motion Hearing set for 11/12/2008 02:00 PM before District Judge Avern Cohn. (JOwe) |
| Filing 35 MOTION for Default Judgment as to Norman Miller, Excel Research Group, LLC by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) |
| Filing 34 Order Granting Bodman LLP's Motion to Withdraw as Counsel for Defendants Signed by District Judge Avern Cohn. (JCre) |
| Minute Entry -Status Conference held on 10/8/2008 before District Judge Avern Cohn. Disposition: Motion to Withdraw as Counsel Granted (JOwe) |
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Filing 33
ORDER rescinding 31 Order on Motion to Withdraw as Attorney., ( Status Conference set for 10/8/2008 11:30 AM before District Judge Avern Cohn) Signed by District Judge Avern Cohn. (DEld)
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Filing 32
ORDER granting 30 Plaintiffs' Unopposed Motion for Amendment of Pretrial and Scheduling Order. Signed by District Judge Avern Cohn. (JOwe)
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| Filing 31 Order Granting Bodman LLP's Motion to Withdraw as Counsel for Defendants. Signed by District Judge Avern Cohn. (JCre) |
| Filing 30 MOTION to Amend/Correct the pretrial and scheduling order by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) |
| Filing 29 MOTION for Withdrawal of Attorney and Supporting Brief Alan N. Harris by Norman Miller, Excel Research Group, LLC. (Harris, Alan) |
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Filing 28
SCHEDULING ORDER: Discovery due by 9/12/2008 Dispositive Motion Cut-off set for 10/14/2008 Final Pretrial Conference set for 1/20/2009 02:00 PM before District Judge Avern Cohn Jury Trial set for 2/23/2009 09:00 AM before District Judge Avern Cohn Signed by District Judge Avern Cohn. (Refer to image for additional information) (JOwe)
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| Filing 27 TRANSCRIPT of Hearing on Defendants' Motion for Summary Judgment held on February 15, 2008. (Court Reporter: Sheri Ward) (Number of Pages: 36) (Ward, S) |
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Filing 26
ORDER denying 16 Defendant's Motion for Summary Judgment Without Prejudice. Signed by Honorable Avern Cohn. (JOwe)
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| Minute Entry -Motion Hearing held on 2/15/2008 re 16 MOTION for Summary Judgment filed by Norman Miller, Excel Research Group, LLC before Honorable Avern Cohn. Disposition: Taken Under Advisement(Court Reporter Sheri Ward) (JOwe) |
| Filing 25 DECLARATION by Roy S. Kaufman re 22 Response to Motion, 23 Response to Motion,, filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) |
| Filing 24 REPLY to Response re 16 MOTION for Summary Judgment filed by all defendants. (Attachments: # 1 Index of Exhibits Defendants' Exhibit List# 2 Exhibit A: Declaration of Paul N. Courant with Attachment to the Declaration (Exhibit 1) - Library e-Book Agreement) (Kornfield, Susan) |
| Filing 23 RESPONSE to 16 MOTION for Summary Judgment Response to Defendants' Statement of Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Attachments: # 1 Index of Exhibits # 2 Exhibit A - JSTORs Terms and Conditions of Use of the JSTOR Archive# 3 Exhibit B - Table of Works at Issue# 4 Exhibit C - November 16, 2007 Letter to Defendants# 5 Exhibit D - Pages from University of Michigan course syllabi# 6 Exhibit E - Newspaper story regarding Excel) (Mainelli Burke, Amy) |
| Filing 22 RESPONSE to 16 MOTION for Summary Judgment filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) |
| Filing 21 NOTICE of Appearance by Amy C. Mainelli Burke on behalf of John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) |
| Filing 20 NOTICE of hearing on 16 MOTION for Summary Judgment. Motion Hearing reset for 2/15/2008 02:00 PM before Honorable Avern Cohn. (JOwe) |
| Filing 19 NOTICE of hearing on 16 MOTION for Summary Judgment. Motion Hearing set for 2/6/2008 02:00 PM before Honorable Avern Cohn. (JOwe) |
| Filing 18 NOTICE of hearing on 16 MOTION for Summary Judgment. Motion Hearing set for 3/26/2008 02:00 PM before Honorable Avern Cohn. (JOwe) |
| Minute Entry -Status Conference held on 12/18/2007 before Honorable Avern Cohn. (JOwe) |
| Filing 17 Defendants' STATEMENT of Undisputed Facts in Support of Their Motion for Summary Judgment by Norman Miller, Excel Research Group, LLC (Kornfield, Susan) |
| Filing 16 MOTION for Summary Judgment by all defendants. (Attachments: # 1 Index of Exhibits Exhibit List# 2 Exhibit 1: JSTOR License Agreement# 3 Exhibit 2: Blackwell Publishing Site License# 4 Exhibit 3: Enhanced Access License for Wiley Interscience Consortium Customers# 5 Exhibit 4: Sage License Agreement# 6 Exhibit 5: Elsevier License Agreement# 7 Exhibit 6: Oxford University Press/Subscriber Terms of Use Agreement# 8 Exhibit 7: MDS Oral Argument Transcript Sixth Circuit Panel Decision# 9 Exhibit 8: Declaration of Norman Miller) (Kornfield, Susan) |
| Set Deadlines/Hearings:Motion for Summary Judgment due by 12/3/2007, Status Conference set for 12/18/2007 02:00 PM before Honorable Avern Cohn (JOwe) |
| Filing 15 STATUS Conference MEMORANDUM (JOwe) |
| Set Deadlines/Hearings: Status Conference set for 11/16/2007 02:00 PM before Honorable Avern Cohn (JOwe) |
| Minute Entry -Status Conference held on 8/30/2007 before Honorable Avern Cohn. (JOwe) |
| Filing 14 NOTICE TO APPEAR: Status Conference set for 8/30/2007 02:30 PM before Honorable Avern Cohn (JOwe) |
| Filing 13 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Excel Research Group, LLC (Kornfield, Susan) |
| Filing 12 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by all defendants. (Kornfield, Susan) |
| Filing 11 CERTIFICATE of Service/Summons Returned Executed. Excel Research Group, LLC served on 7/24/2007, answer due 8/13/2007. (Fink, Karl) |
| Filing 10 AMENDED COMPLAINT and Certificate of Service filed by all plaintiffs against all defendants. (Attachments: # 1 Exhibit Excel Research Group, LLC Filings# 2 Exhibit List of Infringed Words) (Fink, Karl) |
| Filing 9 ATTORNEY APPEARANCE: Alan N. Harris appearing on behalf of Norman Miller (Harris, Alan) |
| Filing 8 ATTORNEY APPEARANCE: Susan M. Kornfield appearing on behalf of Norman Miller (Kornfield, Susan) |
| Filing 7 CERTIFICATE of Service/Summons Returned Executed. Norman Miller served on 6/28/2007, answer due 7/18/2007. (Fink, Karl) |
| Filing 6 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Blackwell Publishing, Incorporated (DHam) |
| Filing 5 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Elsevier, Incorporated (DHam) |
| Filing 4 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Oxford University Press, Incorporated (DHam) |
| Filing 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Sage Publications, Incorporated (DHam) |
| Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by John Wiley and Sons, Incorporated (DHam) |
| Filing 1 COMPLAINT filed by all plaintiffs against all defendants, Receipt No: 6617 - Fee: $ 350. (DHam) |
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