Blackwell Publishing, Incorporated et al v. Miller Featured Case

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.

Plaintiff: Blackwell Publishing, Incorporated, Elsevier, Incorporated, Sage Publications, Incorporated, Oxford University Press, Incorporated and John Wiley and Sons, Incorporated
Defendant: Excel Research Group, LLC and Norman Miller
Case Number: 2:2007cv12731
Filed: June 28, 2007
Court: Michigan Eastern District Court
Office: Detroit Office
County: XX US, Outside State
Presiding Judge: Avern Cohn
Referring Judge: Virginia M Morgan
Nature of Suit: Copyright
Cause of Action: No cause code entered
Jury Demanded By: Defendant

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
January 21, 2010 57 CONSENT JUDGMENT Signed by District Judge Avern Cohn. (PPau)
January 20, 2010 56 CONSENT Judgment by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy)
October 26, 2009 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)
October 14, 2009 54 Featured Case MEMORANDUM and ORDER granting 44 Plaintiffs' Motion for Partial Summary Judgment. Signed by District Judge Avern Cohn. (JOwe)
September 30, 2009 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)
September 24, 2009 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)
August 12, 2009 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)
August 3, 2009 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)
August 3, 2009 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)
August 3, 2009 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)
August 3, 2009 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)
July 28, 2009 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)
July 27, 2009 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)
July 8, 2009 45 Featured Case 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)
June 29, 2009 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)
May 12, 2009 43 Featured Case STIPULATED ORDER for Extension of Dispositive Motion Cut-off Deadline Signed by District Judge Avern Cohn. (JOwe)
February 17, 2009 42 Featured Case 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)
November 21, 2008 41 Featured Case 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)
November 12, 2008 Minute Entry -Status Conference held on 11/12/2008 before District Judge Avern Cohn. (JOwe)
November 5, 2008 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)
November 4, 2008 Set Deadlines/Hearings: Status Conference set for 11/12/2008 02:00 PM before District Judge Avern Cohn (JOwe)
November 4, 2008 39 Featured Case ORDER granting 38 Defendants' Motion for Status Conference. Signed by District Judge Avern Cohn. (JOwe)
October 31, 2008 38 MOTION Status Conference by Norman Miller. (Nacht, David)
October 30, 2008 37 NOTICE of Appearance by David A. Nacht on behalf of Excel Research Group, LLC. (Nacht, David)
October 14, 2008 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)
October 9, 2008 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)
October 8, 2008 34 Order Granting Bodman LLP's Motion to Withdraw as Counsel for Defendants Signed by District Judge Avern Cohn. (JCre)
October 8, 2008 Minute Entry -Status Conference held on 10/8/2008 before District Judge Avern Cohn. Disposition: Motion to Withdraw as Counsel Granted (JOwe)
September 22, 2008 33 Featured Case 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)
September 19, 2008 32 Featured Case ORDER granting 30 Plaintiffs' Unopposed Motion for Amendment of Pretrial and Scheduling Order. Signed by District Judge Avern Cohn. (JOwe)
September 19, 2008 31 Order Granting Bodman LLP's Motion to Withdraw as Counsel for Defendants. Signed by District Judge Avern Cohn. (JCre)
September 12, 2008 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)
September 12, 2008 29 MOTION for Withdrawal of Attorney and Supporting Brief Alan N. Harris by Norman Miller, Excel Research Group, LLC. (Harris, Alan)
May 9, 2008 28 Featured Case 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)
March 24, 2008 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)
February 22, 2008 26 Featured Case ORDER denying 16 Defendant's Motion for Summary Judgment Without Prejudice. Signed by Honorable Avern Cohn. (JOwe)
February 15, 2008 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)
February 13, 2008 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)
February 8, 2008 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)
January 25, 2008 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)
January 25, 2008 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)
January 22, 2008 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)
January 18, 2008 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)
January 16, 2008 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)
December 19, 2007 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)
December 18, 2007 Minute Entry -Status Conference held on 12/18/2007 before Honorable Avern Cohn. (JOwe)
December 3, 2007 17 Defendants' STATEMENT of Undisputed Facts in Support of Their Motion for Summary Judgment by Norman Miller, Excel Research Group, LLC (Kornfield, Susan)
December 3, 2007 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)
September 7, 2007 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)
August 31, 2007 Set Deadlines/Hearings: Status Conference set for 11/16/2007 02:00 PM before Honorable Avern Cohn (JOwe)
August 31, 2007 15 STATUS Conference MEMORANDUM (JOwe)
August 30, 2007 Minute Entry -Status Conference held on 8/30/2007 before Honorable Avern Cohn. (JOwe)
August 13, 2007 14 NOTICE TO APPEAR: Status Conference set for 8/30/2007 02:30 PM before Honorable Avern Cohn (JOwe)
August 13, 2007 13 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Excel Research Group, LLC (Kornfield, Susan)
August 13, 2007 12 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by all defendants. (Kornfield, Susan)
July 25, 2007 11 CERTIFICATE of Service/Summons Returned Executed. Excel Research Group, LLC served on 7/24/2007, answer due 8/13/2007. (Fink, Karl)
July 19, 2007 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)
July 17, 2007 9 ATTORNEY APPEARANCE: Alan N. Harris appearing on behalf of Norman Miller (Harris, Alan)
July 17, 2007 8 ATTORNEY APPEARANCE: Susan M. Kornfield appearing on behalf of Norman Miller (Kornfield, Susan)
July 3, 2007 7 CERTIFICATE of Service/Summons Returned Executed. Norman Miller served on 6/28/2007, answer due 7/18/2007. (Fink, Karl)
June 28, 2007 6 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Blackwell Publishing, Incorporated (DHam)
June 28, 2007 5 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Elsevier, Incorporated (DHam)
June 28, 2007 4 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Oxford University Press, Incorporated (DHam)
June 28, 2007 3 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Sage Publications, Incorporated (DHam)
June 28, 2007 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by John Wiley and Sons, Incorporated (DHam)
June 28, 2007 1 COMPLAINT filed by all plaintiffs against all defendants, Receipt No: 6617 - Fee: $ 350. (DHam)

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Defendant: Excel Research Group, LLC
Represented By: Susan M. Kornfield
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Defendant: Norman Miller
Represented By: Susan M. Kornfield
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Plaintiff: Blackwell Publishing, Incorporated
Represented By: Karl V. Fink
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Plaintiff: Elsevier, Incorporated
Represented By: Karl V. Fink
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Plaintiff: Sage Publications, Incorporated
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Plaintiff: Oxford University Press, Incorporated
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Plaintiff: John Wiley and Sons, Incorporated
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