Uddin v. Elsevier, B.V. et al
| Lucina Uddin |
| Wolters Kluwer N.V., John Does 1 through 50, Sage Publications, Inc., Taylor & Francis Group, Ltd., John Wiley & Sons, Inc., Elsevier, B.V., International Association of Scientific, Technical, and Medical Publishers and Springer Nature AG & Co. KGaA |
| 1:2024cv06409 |
| September 12, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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| Filing 62 NOTICE of Appearance by Andrew T. Hernacki on behalf of Sage Publications, Inc. (notification declined or already on case) (Hernacki, Andrew) |
| Filing 61 NOTICE of Appearance by Lisa Jose Fales on behalf of Sage Publications, Inc. (notification declined or already on case) (Fales, Lisa) |
| Filing 60 APPROVAL re #59 Motion for Refund of Fees Paid Electronically. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Case Administration Manager on 10/31/2024. (TLH) |
ORDER granting #58 Motion for Leave to Appear Pro Hac Vice. Attorney Lisa Jose Fales is granted permission to appear pro hac vice on behalf of Defendant Sage Publications, Inc. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/31/2024. (JVC)
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ORDER granting #57 Motion for Leave to Appear Pro Hac Vice. Attorney Andrew T. Hernacki is granted permission to appear pro hac vice on behalf of Defendant Sage Publications, Inc. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/31/2024. (JVC)
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| Filing 59 MOTION for Refund of Fees Paid Electronically for Motion Appear Pro Hac Vice by Lisa Jose Fales by Sage Publications, Inc.. (Attachments: #1 Exhibit Payment Receipt One, #2 Exhibit Duplicate Payment Receipt) (Fales, Lisa) |
| Filing 58 MOTION to Appear Pro Hac Vice Lisa Jose Fales Filing fee $ 200, receipt number ANYEDC-18444005 by Sage Publications, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Proposed Order, #5 Pro Hac Vice Filing Fee Receipt) (Fales, Lisa) |
| Filing 57 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18441871 by Sage Publications, Inc.. (Attachments: #1 Declaration, #2 Exhibit VA Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Proposed Order) (Hernacki, Andrew) |
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ORDER: Before the Court is Defendants' letter motion for a limited stay of discovery. See ECF No. #50 . Plaintiff opposes in part the proposed stay. See id.. The parties agree that discovery should be limited before the resolution of Defendants' forthcoming motion to dismiss, but disagree as to the scope of the stay. The Court finds that there is good cause for a limited stay of discovery in this case and GRANTS IN PART AND DENIES IN PART Defendants' motion. See Chesney v. Valley Stream Union Free Sch. Dist. No. 24, 236 F.R.D. 113, 115 (E.D.N.Y. 2006). In determining whether a discovery stay is appropriate, the Court considers, inter alia, "(1) whether the defendant has made a strong showing that the plaintiff's claim is unmeritorious; (2) the breadth of discovery and the burden of responding to it; and (3) the risk of unfair prejudice to the party opposing the stay." Id. On this record, the Court cannot assess the first factor. Cf. Republic of Turkey v. Christie's, Inc., 316 F. Supp. 3d 675, 678 (S.D.N.Y. 2018) (court was "unable to fully assess the strength of the pending motion" where "it only recently was filed"). As to the second factor, the Court agrees with Defendants that discovery in this large antitrust case is likely to be burdensome and costly. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 558-59 (2007). As to the third factor, some prejudice to Plaintiff necessarily flows from a stay, but the risk of unfair prejudice appears low. Plaintiff raises the risks of "fading memories and deleted documents," but Plaintiff agrees that depositions should not yet proceed, and there is currently nothing to suggest that Defendants are failing to comply with their retention obligations. See ECF No. #50 at 2-3. In view of the foregoing, the Court orders the parties to (1) negotiate a proposed protective order and (2) an ESI protocol, both of which they shall submit to the Court for approval on or before the same date that Defendants file their forthcoming reply brief in support of their motion to dismiss. At that juncture, the proposed ESI protocol need not identify custodians and search terms. The Court further orders the parties to (3) exchange initial disclosures required by Rule 26 on or before January 3, 2025. The parties are reminded of their ongoing obligation to supplement their initial disclosures pursuant to Rule 26(e). The Court orders no further relief at this time. Ordered by Judge Hector Gonzalez on 10/30/2024. (PN)
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| Filing 56 Corporate Disclosure Statement by Taylor & Francis Group, Ltd. identifying Corporate Parent Informa Group Ltd. for Taylor & Francis Group, Ltd.. (Milne, Robert) |
| Filing 55 NOTICE of Appearance by Daniel Grossbaum on behalf of Taylor & Francis Group, Ltd. (aty to be noticed) (Grossbaum, Daniel) |
| Filing 54 NOTICE of Appearance by Bryan Gant on behalf of Taylor & Francis Group, Ltd. (aty to be noticed) (Gant, Bryan) |
| Filing 53 NOTICE of Appearance by Heather Marie Burke on behalf of Taylor & Francis Group, Ltd. (aty to be noticed) (Burke, Heather) |
| Filing 52 NOTICE of Appearance by Jack E. Pace on behalf of Taylor & Francis Group, Ltd. (aty to be noticed) (Pace, Jack) |
| Filing 51 NOTICE of Appearance by Robert A. Milne on behalf of Taylor & Francis Group, Ltd. (aty to be noticed) (Milne, Robert) |
| Filing 50 MOTION to Stay (Joint Letter) Regarding Anticipated Scope of Discovery and Positions on Discovery Stay by Lucina Uddin (Harvey, Dean) |
| Filing 49 NOTICE of Appearance by Rebecca Jacobson on behalf of International Association of Scientific, Technical, and Medical Publishers (notification declined or already on case) (Jacobson, Rebecca) |
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ORDER granting #48 Motion for Leave to Appear Pro Hac Vice. Attorney Rebecca Jacobson is granted permission to appear pro hac vice on behalf of Defendant the International Association of Scientific, Technical, and Medical Publishers. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/18/2024. (JVC)
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| Filing 48 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18392119 by International Association of Scientific, Technical, and Medical Publishers. (Attachments: #1 Declaration in Support of Motion for Pro Hac Vice of Rebecca R. Jacobson, #2 Certificate of Good Standing, #3 Proposed Order) (Jacobson, Rebecca) |
| Filing 47 Corporate Disclosure Statement by International Association of Scientific, Technical, and Medical Publishers (Hemlock, Adam) |
| Filing 46 NOTICE of Appearance by Adam C. Hemlock on behalf of International Association of Scientific, Technical, and Medical Publishers (aty to be noticed) (Hemlock, Adam) |
| Filing 45 NOTICE of Appearance by Benjamin E. Marks on behalf of International Association of Scientific, Technical, and Medical Publishers (aty to be noticed) (Marks, Benjamin) |
| Filing 44 NOTICE of Appearance by Carrie Mahan on behalf of Wolters Kluwer N.V. (notification declined or already on case) (Mahan, Carrie) |
| Filing 43 NOTICE of Appearance by Sandra Nicole Booth on behalf of Wolters Kluwer N.V. (notification declined or already on case) (Booth, Sandra) |
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ORDER granting #42 Motion for Leave to Appear Pro Hac Vice. Attorney D. Bruce Hoffman is granted permission to appear pro hac vice on behalf of Defendant Springer Nature AG & Co. KGaA. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/11/2024. (JVC)
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| Filing 42 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18375189 by Springer Nature AG & Co. KGaA. (Attachments: #1 Declaration of D. Bruce Hoffman in Support, #2 Certificates of Good Standing, #3 Proposed Order) (Hoffman, D.) |
| Filing 41 NOTICE of Appearance by Leah Harrell on behalf of John Wiley & Sons, Inc. (notification declined or already on case) (Harrell, Leah) |
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ORDER granting #34 Motion for Leave to Appear Pro Hac Vice. Attorney Leah Harrell is granted permission to appear pro hac vice on behalf of Defendant John Wiley & Sons, Inc. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/9/2024. (JVC)
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ORDER granting #38 Motion for Leave to Appear Pro Hac Vice. Attorney S. Nicole Booth is granted permission to appear pro hac vice on behalf of Defendant Wolters Kluwer N.V. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/9/2024. (JVC)
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ORDER granting #39 Motion for Leave to Appear Pro Hac Vice. Attorney Carrie C. Mahan is granted permission to appear pro hac vice on behalf of Defendant Wolters Kluwer N.V. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/9/2024. (JVC)
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| Filing 40 NOTICE of Appearance by Danielle R. Foley on behalf of Sage Publications, Inc. (aty to be noticed) (Foley, Danielle) |
| Filing 39 MOTION to Appear Pro Hac Vice of Carrie C. Mahan Filing fee $ 200, receipt number ANYEDC-18364662 by Wolters Kluwer N.V.. (Attachments: #1 Affidavit of Carrie C. Mahan in Support, #2 Exhibit - Certificate of Good Standing (DC), #3 Exhibit - Certificate of Good Standing (Massachusetts), #4 Proposed Order) (Mahan, Carrie) |
| Filing 38 MOTION to Appear Pro Hac Vice for S. Nicole Booth Filing fee $ 200, receipt number ANYEDC-18364591 by Wolters Kluwer N.V.. (Attachments: #1 Affidavit of S. Nicole Booth in Support, #2 Exhibit - Certificate of Good Standing, #3 Proposed Order) (Booth, Sandra) |
| Filing 37 NOTICE of Appearance by Matthew Tabas on behalf of John Wiley & Sons, Inc. (notification declined or already on case) (Tabas, Matthew) |
| Filing 36 Corporate Disclosure Statement by Wolters Kluwer N.V. (Nagin, Benjamin) |
| Filing 35 NOTICE of Appearance by Benjamin R. Nagin on behalf of Wolters Kluwer N.V. (aty to be noticed) (Nagin, Benjamin) |
| Filing 34 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18362628 by John Wiley & Sons, Inc.. (Attachments: #1 Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit - Certificate of Good Standing in NY, #3 Proposed Order Granting Motion to Admit Counsel Pro Hac Vice) (Harrell, Leah) |
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ORDER granting #31 Motion for Leave to Appear Pro Hac Vice. Attorney Matthew Tabas is granted permission to appear pro hac vice on behalf of Defendant John Wiley & Sons, Inc. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/7/2024. (RCM)
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Filing 33
ORDER: The Court so-orders the parties' proposed stipulation concerning Defendants' time to answer or otherwise move on the Complaint. See ECF No. #21 . On or before October 21, 2024, the parties are directed to file a joint letter not to exceed five pages briefly describing (on a non-prejudice basis) the anticipated scope of discovery in this case. In that letter, the parties shall also address any anticipated motion(s) to stay discovery and their respective positions on a stay. If the parties disagree, the parties shall explain their positions in the joint letter. The Court will likely rule on any requested stay of discovery without providing the parties with further opportunity to be heard. Ordered by Judge Hector Gonzalez on 10/6/2024. (RCM)
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| Filing 32 Corporate Disclosure Statement by Elsevier, B.V. identifying Corporate Parent RELX (Holdings) Ltd, Corporate Parent RELX Group plc, Corporate Parent RELX Overseas BV, Corporate Parent RELX Holdings BV, Corporate Parent RELX PLC, Corporate Parent RELX Nederland BV for Elsevier, B.V.. (Marriott, David) |
| Filing 31 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18357159 by John Wiley & Sons, Inc.. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing from DC, #3 Certificate of Good Standing from NY, #4 [Proposed] Order) (Tabas, Matthew) |
| Filing 30 Corporate Disclosure Statement by John Wiley & Sons, Inc. identifying Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group for John Wiley & Sons, Inc.. (Lent, C.) |
| Filing 29 Corporate Disclosure Statement by Springer Nature AG & Co. KGaA (Malm, Carl) |
| Filing 28 NOTICE of Appearance by Carl Lawrence Malm on behalf of Springer Nature AG & Co. KGaA (aty to be noticed) (Malm, Carl) |
| Filing 27 NOTICE of Appearance by Ha Yoon Sohn on behalf of John Wiley & Sons, Inc. (aty to be noticed) (Sohn, Ha Yoon) |
| Filing 26 NOTICE of Appearance by Jesse Michael Weiss on behalf of Elsevier, B.V. (aty to be noticed) (Weiss, Jesse) |
| Filing 25 Letter Regarding Service of the Complaint and Summons on Defendants by Lucina Uddin (Harvey, Dean) |
| Filing 24 NOTICE of Appearance by C. Scott Lent on behalf of John Wiley & Sons, Inc. (aty to be noticed) (Lent, C.) |
| Filing 23 NOTICE of Appearance by Sharonmoyee Goswami on behalf of Elsevier, B.V. (aty to be noticed) (Goswami, Sharonmoyee) |
| Filing 22 NOTICE of Appearance by David R. Marriott on behalf of Elsevier, B.V. (aty to be noticed) (Marriott, David) |
| Filing 21 Letter MOTION for Extension of Time to File Response to Complaint, with Joint Stipulation and Proposed Order re Waiver of Service and Extension of Deadline to Respond to Complaint by Lucina Uddin. (Attachments: #1 Stipulation and Proposed Order) (Harvey, Dean) |
| Filing 20 SUMMONS Returned Executed by Lucina Uddin. Wolters Kluwer N.V. served on 10/1/2024, answer due 10/22/2024. (Harvey, Dean) |
| Filing 19 SUMMONS Returned Executed by Lucina Uddin. International Association of Scientific, Technical, and Medical Publishers served on 10/1/2024, answer due 10/22/2024. (Harvey, Dean) |
| Filing 18 SUMMONS Returned Executed by Lucina Uddin. Elsevier, B.V. served on 9/30/2024, answer due 10/21/2024. (Harvey, Dean) |
| Filing 17 NOTICE of Appearance by Janet Marie Herold on behalf of Lucina Uddin (notification declined or already on case) (Herold, Janet) |
| Filing 16 NOTICE of Appearance by Benjamin David Elga on behalf of Lucina Uddin (aty to be noticed) (Elga, Benjamin) |
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ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Attorney Janet Herold is granted permission to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 10/1/2024. (RCM)
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| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18336305 by Lucina Uddin. (Attachments: #1 Affidavit Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing in CA, #3 Certificate of Good Standing in MA, #4 Certificate of Good Standing in NV) (Herold, Janet) |
| Filing 14 SUMMONS Returned Executed by Lucina Uddin. John Wiley & Sons, Inc. served on 9/25/2024, answer due 10/16/2024. (Harvey, Dean) |
| Filing 13 SUMMONS Returned Executed by Lucina Uddin. Sage Publications, Inc. served on 9/19/2024, answer due 10/10/2024. (Harvey, Dean) |
| Filing 12 NOTICE of Appearance by Benjamin A. Trouvais on behalf of Lucina Uddin (notification declined or already on case) (Trouvais, Benjamin) |
| Filing 11 NOTICE of Appearance by Jalle Dafa on behalf of Lucina Uddin (notification declined or already on case) (Dafa, Jalle) |
| Filing 10 NOTICE of Appearance by Dean M Harvey on behalf of Lucina Uddin (notification declined or already on case) (Harvey, Dean) |
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Attorney Benjamin Trouvais is granted permission to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 9/20/2024. (PN)
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ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. Attorney Jalle Dafa is granted permission to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 9/20/2024. (PN)
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. Attorney Dean Harvey is granted permission to appear pro hac vice on behalf of Plaintiff. The attorney shall register for ECF at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Hector Gonzalez on 9/20/2024. (PN)
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| Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18295589 by Lucina Uddin. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Trouvais, Benjamin) |
| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18295576 by Lucina Uddin. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Dafa, Jalle) |
| Filing 7 MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-18295556 by Lucina Uddin. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing) (Harvey, Dean) |
| Filing 6 Summons Issued as to Elsevier, B.V., International Association of Scientific, Technical, and Medical Publishers, John Wiley & Sons, Inc., Sage Publications, Inc., Springer Nature AG & Co. KGaA, Taylor & Francis Group, Ltd., Wolters Kluwer N.V. (JVC) |
| Filing 5 Proposed Summons. Re #1 Complaint,, by Lucina Uddin (Attachments: #1 Proposed Summons Rider) (Harwell, Emily) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must be ONLY ONE SUMMONS SUBMITTED AND ONE rider attached to the summons with the names and addresses of all defendants included. If the full case caption cannot fit on the front of the summons attach only one additional rider with the full case caption. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JVC) |
| Filing 4 Proposed Summons. Re #1 Complaint,, by Lucina Uddin (Harwell, Emily) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (SDM) |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM) |
| Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before October 4, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Notably, it appears that Plaintiff has not filed a proposed summons for the Clerk of Court to issue.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 9/13/2024. (RCM)
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| Filing 1 COMPLAINT against Elsevier, B.V., International Association of Scientific, Technical, and Medical Publishers, John Does 1 through 50, John Wiley & Sons, Inc., Sage Publications, Inc., Springer Nature AG & Co. KGaA, Taylor & Francis Group, Ltd., Wolters Kluwer N.V. filing fee $ 405, receipt number ANYEDC-18272625 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lucina Uddin. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons for Elsevier, #3 Proposed Summons for Sage, #4 Proposed Summons for Springer Nature, #5 Proposed Summons for STM, #6 Proposed Summons for Taylor & Francis, #7 Proposed Summons for Wiley, #8 Proposed Summons for Wolters Kluwer) (Harwell, Emily) |
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