The McGraw-Hill Companies, Inc. et al v. Google Inc. Featured Case

Plaintiffs allege that the Google Library Project infringes on plaintiffs' copyrights by copying copyright-protected works and allowing the public to search and access digital copies of plaintiffs' works.

Plaintiff: The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc. and John Wiley & Sons, Inc.
Defendant: Google Inc.
Case Number: 1:2005cv08881
Filed: October 19, 2005
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: John E. Sprizzo
Nature of Suit: Copyright
Cause of Action: 17:101 Copyright Infringement
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2012 Opinion or Order Filing 42 STIPULATION AND ORDER OF DISMISSAL WITHOUT PREJUDICE: IT IS HEREBY STIPULATED by and among, on the one hand, The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., and John Wiley & Sons, Inc. (collectively, the "Publishers"), and, on the other hand, defendant Google Inc. ("Google"), by their undersigned counsel, as follows: Any and all claims asserted herein by the Publishers shall be dismissed without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. This dismissal shall be without costs or fees. This stipulation may be filed without further notice with the Clerk of the Court. (Signed by Judge Denny Chin on 10/11/2012) (ja)
October 28, 2011 Opinion or Order Filing 41 ENDORSED LETTER addressed to Judge Denny Chin from Joseph C. Gratz dated 10/25/2011 re: Counsel for the defendant writes on behalf of all parties to request an extension of Defendants time to file its response to the complaint, until 11/28/2011. ENDORSEMENT: Application GRANTED. The deadline set forth in the Court's 9/16/11 Scheduling Order shall otherwise remain in place. SO ORDERED. (Signed by Judge Denny Chin on 10/28/2011) (ft)
October 20, 2011 Opinion or Order Filing 40 ENDORSED LETTER addressed to Judge Denny Chin from Joseph C. Gratz dated 10/18/2011 re: Counsel for both parties request that the Court permit Defendant to file its response to the complaint on or before 11/7/2011. ENDORSEMENT: Approved, but FINAL. SO ORDERED. (Signed by Judge Denny Chin on 10/20/2011) (ft)
September 16, 2011 Magistrate Judge Andrew J. Peck is so redesignated. (pgu)
September 15, 2011 Minute Entry for proceedings held before Judge Denny Chin: Status Conference held on 9/15/2011. All counsel present. Status Conference held. The parties have submitted a proposed scheduling order. The Court will adopt the proposed schedule and issue an order. (mro)
April 6, 2009 Filing 39 LETTER addressed to J. Michael McMahon from Caleb Crain dated 3/28/2009 re: An author whose works appear in the Google Books Search database, writes to object to some of the provisions in the proposed Google Books Settlement. (tve)
January 29, 2009 Filing 38 NOTICE OF CHANGE OF ADDRESS by James J. Pastore, Jr on behalf of all plaintiffs. New Address: United States Attorney's Office, Southern District of New York, One St. Andrew's Plaza, New York, New York, USA 10007, (212) 637-2418. (Pastore, James)
January 29, 2009 Filing 37 ENDORSED LETTER addressed to Judge Denny Chin from James J. Pastore, Jr dated 1/22/2009 re: Counsel respectfully request your permission to have their name removed for the Court's docket and ECF electronic mailing distribution list. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 1/29/2009) (jfe)
January 8, 2009 Filing 36 NOTICE OF CASE REASSIGNMENT to Judge Denny Chin. Judge John E. Sprizzo is no longer assigned to the case. (mbe) (mbe).
January 29, 2008 Opinion or Order Filing 35 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING ( Expert Witness List due by 11/24/2008. Discovery due by 1/20/2009. Motions due by 4/16/2009.) Defendant's Opposition to any Motion for Class Certification shall be 60 days after the motion for class certification shall be filed 60 days after the motion for class certification has been filed. Plaintiffs' Reply in support of Class Certification shall be filed 30 days after the Opposition is filed. All conferences previously scheduled in the Coordinated Actions are hereby adjourned. So Ordered. (Signed by Judge John E. Sprizzo on 1/29/08) (js)
November 21, 2007 Opinion or Order Filing 34 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: The production of documents requests served shall be completed by 1/28/2008. Merit discovery due 11/17/2008. Disclosure of expert witnesses shall be exchanged on 9/22/2008. Initial expert reports shall be exchanged on 10/20/2008. Rebuttal expert reports due 11/10/2008. Expert depositions to be taken from 11/10/2008 through 12/22/2008. Motions for summary judgment due by 2/16/2009. Oppositions to Motion for summary judgment due within 30 days of service of the motion. Plaintiffs' Motion for Class Certification due 30 days after the Courts decision with respect to summary judgment. Defendant's Opposition to Motion for Class Certification due 60 days after the motion for class certification, Plaintiffs' reply in support of Class Certification due 30 days after the Opposition is filed. The pretrial conference shall take place on 11/18/2008 for the purpose of informing the Court of the status of the case. However, the parties must, in addition, contact the Court to schedule a pre-motion conference before filing any motion. (Signed by Judge Peter K. Leisure for Judge John E. Sprizzo on 11/19/2007) (jar)
October 2, 2007 Opinion or Order Filing 33 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: IT IS HEREBY ORDERED that the above-captioned actions pending in this Court are hereby coordinated for all pre-trial purposes before this Court and as further set forth in this Order. Motions for Summary Judgment due by 12/15/2008. If parties wish to file motions they shall request a pre-motion conference prior to any filings. Oppositions to Motions for Summary Judgment shall be filed within 30 days of service of the motion for summary judgment. Merits Discovery due by 9/15/2008. Expert Depositions shall be taken from Monday, 9/8/08 through Monday, 10/20/08. Production of Documents due by 11/26/07. Defendant's Opposition to any Motion for Class Certification shall be filed 60 days after the motion for class certification has been filed. Plaintiffs' Reply in support of Class Certification shall be filed 30 days after the Opposition is filed. All conference previously scheduled in the Coordinated Actions are hereby adjourned. The Pretrial Conference shall take place on Tues., Nov. 18, 2008. Filed in associated case 05-cv-8136. (Signed by Judge Kevin Thomas Duffy on 9/28/07)- Part I (tro)
July 25, 2007 Opinion or Order Filing 32 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: Motions for Summary Judgment due by 10/13/2008. Pretrial Conference set for 11/27/2007 at 03:00 PM before Judge John E. Sprizzo. All other deadlines are set forth in this order. (Signed by Judge John E. Sprizzo on 7/20/07) (kco)
May 23, 2007 Opinion or Order Filing 31 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING:Third party discovery due by 4/20/2006, Merits discovery due by 5/12/2008, Disclosure of expert witnesses under Rule 26(a)(2)(A) due by 3/17/2008, Initial expert reports to be exchanged 4/14/2008. Rebuttal experts reports shall be exchanged on 5/5/2008, Expert disposition taken from 5/5/2008 - 6/16/2008. Summary Judgment Motions due by 8/11/2008; responses due 60 days. Responses due 30 days of service of the motion. Pretrial Conference set for 9/24/2007 03:00 PM before Judge John E. Sprizzo. SO ORDERED. [Originally filed in 05cv8136 doc. no. 50] (Signed by Judge John E. Sprizzo on 5/17/2007) (jar)
November 22, 2006 Filing 30 NOTICE of Intent To Serve Subpoena. Document filed by Google Inc.. (Raider, Ronald)
October 16, 2006 Opinion or Order Filing 29 AMENDED CASE MANAGEMENT ORDER AND SCHEDULING ORDER: Amended Pleadings due by 6/19/2006. Motions due by 1/11/2008. Pretrial Conference set for 3/12/2007 03:00 PM before Judge John E. Sprizzo. (Signed by Judge John E. Sprizzo on 10/12/06) (kco, )
October 4, 2006 Filing 28 NOTICE of Intent to Serve Subpoena. Document filed by Google Inc.. (Attachments: # 1 Attachment A)(Raider, Ronald)
September 29, 2006 Filing 27 NOTICE of Intent to Serve Subpoenas. Document filed by Google Inc.. (Attachments: # 1 Attachment (Part 1)# 2 Attachment (Part 2)# 3 Attachment (Part 3))(Raider, Ronald)
September 26, 2006 Opinion or Order Filing 26 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge John E. Sprizzo on 9/22/2006) (lb, )
September 14, 2006 Filing 25 NOTICE OF APPEARANCE by Ronald Lee Raider on behalf of Google Inc. (Raider, Ronald)
June 12, 2006 Filing 24 RULE 26 DISCLOSURE.Document filed by Google Inc..(Raider, Ronald)
June 9, 2006 Filing 23 RULE 26 DISCLOSURE.Document filed by Google Inc..(Raider, Ronald)
May 17, 2006 Opinion or Order Filing 22 STIPULATION AND ORDER the law firm of Quinn Emanuel Urquhart Oliver & Hedges, LLP be substituted as counsel for defendant in the place of the The Law Offices of Robert J. Bernstein. So Ordered. (Signed by Judge John E. Sprizzo on 5/16/06) (jco, )
May 17, 2006 Opinion or Order Filing 21 PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge John E. Sprizzo on 5/16/06) (jco, )
May 11, 2006 Filing 20 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Conciatori on behalf of Google Inc.. New Address: Quinn Emanuel Urquhart Oliver & Hedges, LLP, 51 Madison Avenue, 22nd. Fl, New York, New York, United States 10010, 212-849-7000. (Conciatori, Jeffrey)
May 9, 2006 Filing 19 NOTICE of Substitution of Attorney. Old Attorney: Robert J. Bernstein, New Attorney: Jeffrey A. Conciatori, Address: Quinn Emanuel Urquhart Oliver & Hedges, LLP, 51 Madison Avenue, 22nd. Fl., New York, New York, United States 10010, 212-849-7000. Document filed by Google Inc.. (Conciatori, Jeffrey)
April 19, 2006 Transmission to Attorney Admissions Clerk. Transmitted re: 18 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, )
April 19, 2006 Opinion or Order Filing 18 ORDER granting 17 Motion for Ronald L. Raider to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 4/18/06) (jco, )
April 13, 2006 Filing 17 MOTION for Ronald L. Raider to Appear Pro Hac Vice. Document filed by Google Inc. (jco, )
April 12, 2006 Filing 16 NOTICE OF APPEARANCE by Jeffrey A. Conciatori on behalf of Google Inc. (Conciatori, Jeffrey)
March 29, 2006 Filing 15 NOTICE OF APPEARANCE by Alex Seth Fonoroff, S on behalf of Google Inc. (Fonoroff, Alex)
March 23, 2006 Filing 14 NOTICE OF APPEARANCE by Joseph M. Beck on behalf of Google Inc. (Beck, Joseph)
March 23, 2006 Filing 13 NOTICE OF APPEARANCE by Adam Howard Charnes on behalf of Google Inc. (Charnes, Adam)
March 16, 2006 Opinion or Order Filing 12 ORDER granting 11 Motion for Alex S. Fonoroff to Appear Pro Hac Vice (Signed by Judge John E. Sprizzo on 3/14/06) (sac, )
December 15, 2005 Filing 11 MOTION for Alex S. Fonoroff to Appear Pro Hac Vice.Document filed by Google Inc.. (djc, )
December 5, 2005 CASHIERS OFFICE REMARK on 9 Order on Motion to Appear Pro Hac Vice, 10 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 11/30/2005, Receipt Number 562944. (jd, )
November 16, 2005 Opinion or Order Filing 10 ORDER granting 6 Motion for Joseph M. Beck to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 11/14/05) (js, )
November 16, 2005 Opinion or Order Filing 9 ORDER granting 7 Motion for Adam H. Charnes to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 11/14/05) (js, )
November 11, 2005 Filing 8 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Google Inc..(Bernstein, Robert)
November 8, 2005 Filing 7 MOTION for Adam H. Charnes to Appear Pro Hac Vice. Document filed by Google Inc. (cd, )
November 8, 2005 Filing 6 MOTION for Joseph M. Beck to Appear Pro Hac Vice. Document filed by Google Inc. (cd, )
November 8, 2005 Filing 5 ANSWER to Complaint with JURY DEMAND. Document filed by Google Inc..(Bernstein, Robert)
November 4, 2005 Filing 4 NOTICE OF CASE ASSIGNMENT to Judge John E. Sprizzo. Judge Unassigned no longer assigned to the case. (jeh, )
November 4, 2005 Magistrate Judge Douglas F. Eaton is so designated. (jeh, )
November 4, 2005 CASE ACCEPTED AS RELATED TO 05cv8136. Notice of Assignment to follow. (jeh, )
October 21, 2005 Filing 3 SUMMONS RETURNED EXECUTED Summons and Complaint served. Google Inc. served on 10/19/2005, answer due 11/8/2005. Service was accepted by Joseph M. Beck, Esq. of Kilpatrick Stockton LLP. Service was made by Federal Express. Document filed by Simon & Schuster, Inc.; John Wiley & Sons, Inc.; The McGraw-Hill Companies, Inc.; Pearson Education, Inc.; Penguin Group (USA) Inc.. (Pastore, James)
October 19, 2005 CASE REFERRED TO Judge John E. Sprizzo as possibly related to 05-cv-8136. (es, )
October 19, 2005 Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Simon & Schuster, Inc., John Wiley & Sons, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc..(es, ) Additional attachment(s) added on 10/24/2005 (rag, ).
October 19, 2005 Case Designated ECF. (es, )
October 19, 2005 SUMMONS ISSUED as to Google Inc.. (es, )
October 19, 2005 Filing 1 COMPLAINT against Google Inc.. (Filing Fee $ 250.00, Receipt Number 558971)Document filed by Simon & Schuster, Inc., John Wiley & Sons, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc..(es, ) Additional attachment(s) added on 10/24/2005 (rag, ).

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Plaintiff: The McGraw-Hill Companies, Inc.
Represented By: James J. Pastore, Jr
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Plaintiff: Pearson Education, Inc.
Represented By: James J. Pastore, Jr
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Plaintiff: Penguin Group (USA) Inc.
Represented By: James J. Pastore, Jr
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Plaintiff: Simon & Schuster, Inc.
Represented By: James J. Pastore, Jr
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Plaintiff: John Wiley & Sons, Inc.
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Defendant: Google Inc.
Represented By: Ronald Lee Raider
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