John Wiley & Sons, Inc. v. Supap Kirtsaeng et al
| John Wiley & Sons, Inc. |
| Supap Kirtsaeng and John Doe |
| 1:2008cv07834 |
| September 8, 2008 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Gerard E. Lynch |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on December 21, 2016. A more recent docket listing may be available from PACER.
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| Filing 87 Received a letter from the United States Supreme Court of United States acknowledging receipt of the entire file and assigned Case Number: 11-0697. (nm) |
| Appeal Record Sent to SCUS (Electronic File). Certified Indexed record on Appeal Electronic Files for 5 Order to Show Cause, filed by John Wiley & Sons, Inc., 38 Letter filed by Supap Kirtsaeng, 72 Permanent Injunction, 28 Letter filed by John Wiley & Sons, Inc., 81 Memorandum of Law in Opposition to Motion filed by Supap Kirtsaeng, 62 Endorsed Letter, 19 Stipulation and Order, 2 Rule 7.1 Corporate Disclosure Statement filed by John Wiley & Sons, Inc., 7 Declaration in Support filed by John Wiley & Sons, Inc., 86 Letter, 85 USCA Mandate, 73 Judgment, 56 SECOND MOTION in Limine filed by Supap Kirtsaeng, 51 Memorandum of Law in Support of Motion filed by Supap Kirtsaeng, 83 Reply Memorandum of Law in Support of Motion filed by John Wiley & Sons, Inc., 36 Witness List filed by John Wiley & Sons, Inc., 10 Affidavit of Service Other filed by John Wiley & Sons, Inc., 15 Brief, filed by Supap Kirtsaeng, 24 Declaration in Opposition to Motion filed by Supap Kirtsaeng, 82 Declaration in Opposition to Motion filed by Supap Kirtsaeng, 30 Letter, filed by John Wiley & Sons, Inc., 12 Notice (Other) filed by John Wiley & Sons, Inc., 71 Letter, filed by John Wiley & Sons, Inc., 57 Memorandum of Law in Support of Motion filed by Supap Kirtsaeng, 52 Memorandum & Opinion, 70 Order, 31 Order, Set Deadlines/Hearings, 59 Letter, filed by John Wiley & Sons, Inc., 49 FIRST MOTION in Limine filed by Supap Kirtsaeng, 61 Order on Motion in Limine, 17 Order, Set Deadlines/Hearings, 60 Letter, 33 Order, Set Deadlines/Hearings, 16 Stipulation and Order, 41 Proposed Pretrial Order filed by John Wiley & Sons, Inc., Supap Kirtsaeng, 77 Letter, filed by John Wiley & Sons, Inc., 22 Declaration in Support of Motion, filed by John Wiley & Sons, Inc., 18 Amended Complaint filed by John Wiley & Sons, Inc., 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt filed by John Wiley & Sons, Inc., 68 Order on Motion in Limine, 40 Letter filed by Supap Kirtsaeng, 58 Memorandum of Law in Opposition to Motion filed by John Wiley & Sons, Inc., 53 Letter, 26 Reply Memorandum of Law in Support of Motion filed by John Wiley & Sons, Inc., 23 Memorandum of Law in Support of Motion filed by John Wiley & Sons, Inc., 14 Brief filed by Supap Kirtsaeng, 1 Complaint filed by John Wiley & Sons, Inc., 39 Letter filed by John Wiley & Sons, Inc., 29 Letter filed by Supap Kirtsaeng, 63 Order on Motion in Limine, 9 Affidavit of Service Other filed by John Wiley & Sons, Inc., 34 Letter, filed by John Wiley & Sons, Inc., 67 Memorandum of Law in Support of Motion filed by Supap Kirtsaeng, 66 THIRD MOTION in Limine to preclude filed by Supap Kirtsaeng, 54 Letter, filed by John Wiley & Sons, Inc., 84 Order on Motion to Direct, 64 Pretrial Order, 37 Letter, filed by John Wiley & Sons, Inc., 43 Order, 47 Proposed Voir Dire Questions filed by Supap Kirtsaeng, 11 Affidavit of Service Other filed by John Wiley & Sons, Inc., 35 Order on Motion for Miscellaneous Relief, 6 Memorandum of Law in Support filed by John Wiley & Sons, Inc., 55 Letter, filed by John Wiley & Sons, Inc., 4 Case Management Plan, Set Deadlines, 27 Notice of Case Assignment/Reassignment, 32 Order, Set Deadlines/Hearings, 65 Letter, filed by Supap Kirtsaeng, 46 Proposed Jury Instructions filed by Supap Kirtsaeng, 20 Protective Order, 48 Exhibit List filed by John Wiley & Sons, Inc., 3 Answer to Complaint filed by Supap Kirtsaeng, 80 Declaration in Support of Motion, filed by John Wiley & Sons, Inc., 25 Declaration in Opposition to Motion filed by Supap Kirtsaeng, 50 FIRST MOTION in Limine to preclude filed by Supap Kirtsaeng, 44 Proposed Voir Dire Questions filed by John Wiley & Sons, Inc., 74 Notice of Appeal filed by Supap Kirtsaeng, 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver filed by John Wiley & Sons, Inc., 13 Opposition Brief filed by Supap Kirtsaeng, 8 Declaration in Support, filed by John Wiley & Sons, Inc., 45 Proposed Jury Instructions filed by John Wiley & Sons, Inc., 79 Memorandum of Law in Support of Motion, filed by John Wiley & Sons, Inc. SCUS Case Number 11-697, USCA Case Number 09-4896, were transmitted to the Supreme Court of the United States. (tp) Modified on 8/8/2012 (tp). Modified on 8/8/2012 (tp). |
| Filing 86 Letter addressed to Clerk of the United States Court of Appeals for the Second Circuit from Eleanor L. Baptiste, Assistant Clerk, Supreme Court of the United States dated July 25, 2012 re: Requesting Record on Appeal. Request was received by the Second Circuit on July 30, 2012 and forwarded to U.S. District Court for the Southern District to forward any and all documents requested to the Supreme Court of the United States.(tp) |
| Filing 85 MANDATE of USCA (Certified Copy) as to 74 Notice of Appeal filed by Supap Kirtsaeng USCA Case Number 09-4896. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/26/2011. (Attachments: # 1 Opinion)(nd) |
| Transmission of USCA Mandate/Order to the District Judge re: 85 USCA Mandate,. (nd) |
Filing 84
ORDER denying 78 Motion to Direct. Pursuant to defendant's agreement, defendant is directed, upon achievement of his Ph.D, to deliver his computer and fax/printer/scanner to plaintiff. Pursuant to defendant's agreement, defendant is directed to provide plaintiff with title to the golf clubs and plaintiff's motion is otherwise denied. (Signed by Judge Donald C. Pogue on 2/17/10) (dle)
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| Filing 83 REPLY MEMORANDUM OF LAW in Support re: 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver.. Document filed by John Wiley & Sons, Inc.. (Scileppi, Laura) |
| Filing 82 DECLARATION of Kirtsaeng in Opposition re: 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 81 FIRST MEMORANDUM OF LAW in Opposition re: 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 80 DECLARATION of WILLIAM DUNNEGAN in Support re: 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) |
| Filing 79 MEMORANDUM OF LAW in Support re: 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) |
| Filing 78 MOTION to Direct Defendant Supap Kirtsaeng to Bring His Property Into New York And Appoint A Receiver. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) |
| Filing 77 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 12/18/09 re: Plaintiff is writing pursuant to Rule 37.2 of the Civil Rules to request a conference to address a post-judgment discovery dispute; We request that the Court schedule a telephone conference to address when we may depose Mr. Kirtsaeng. Document filed by John Wiley & Sons, Inc.(mro) |
| USCA Case Number 09-4896 from the US Court of Appeals, Second Circuit assigned to 74 Notice of Appeal filed by Supap Kirtsaeng. (nd) |
| CASHIERS OFFICE REGISTRY DISBURSEMENT as per 72 Permanent Injunction,,,, dated 11/16/2009, from Judge Judge Donald C. Pogue, on 11/19/2009 disbursed to pay DUNNEGAN LLC $10,000.00 Check No. 00881579 dated 11/19/2009 FEDEX# 8655 7113 3478 (jd) |
| Filing 76 TRANSCRIPT of proceedings held on November 4, 2009 before Judge Donald C. Pogue. (mro) |
| Filing 75 TRANSCRIPT of proceedings held on November 3, 2009 at 9:30 am before Judge Donald C. Pogue. (eef) |
| Filing 74 NOTICE OF APPEAL from 73 Judgment. Document filed by Supap Kirtsaeng. Filing fee $ 455.00, receipt number E 707026. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 5 Order to Show Cause,, filed by John Wiley & Sons, Inc., 38 Letter filed by Supap Kirtsaeng, 72 Permanent Injunction,,,, 28 Letter filed by John Wiley & Sons, Inc., 19 Stipulation and Order,,,, 2 Rule 7.1 Corporate Disclosure Statement filed by John Wiley & Sons, Inc., 7 Declaration in Support filed by John Wiley & Sons, Inc., 73 Judgment, 56 SECOND MOTION in Limine. filed by Supap Kirtsaeng, 51 Memorandum of Law in Support of Motion filed by Supap Kirtsaeng, 36 Witness List filed by John Wiley & Sons, Inc., 10 Affidavit of Service Other filed by John Wiley & Sons, Inc., 15 Brief, filed by Supap Kirtsaeng, 24 Declaration in Opposition to Motion filed by Supap Kirtsaeng, 30 Letter, filed by John Wiley & Sons, Inc., 12 Notice (Other) filed by John Wiley & Sons, Inc., 71 Letter, filed by John Wiley & Sons, Inc., 57 Memorandum of Law in Support of Motion filed by Supap Kirtsaeng, 52 Memorandum & Opinion,, 70 Order, 31 Order, Set Deadlines/Hearings, 59 Letter, filed by John Wiley & Sons, Inc., 49 FIRST MOTION in Limine. filed by Supap Kirtsaeng, 61 Order on Motion in Limine, 17 Order, Set Deadlines/Hearings,,,, 60 Letter, 33 Order, Set Deadlines/Hearings,,,, 16 Stipulation and Order, 41 Proposed Pretrial Order filed by John Wiley & Sons, Inc., Supap Kirtsaeng, 22 Declaration in Support of Motion, filed by John Wiley & Sons, Inc., 18 Amended Complaint filed by John Wiley & Sons, Inc., 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt. filed by John Wiley & Sons, Inc., 68 Order on Motion in Limine, 40 Letter filed by Supap Kirtsaeng, 58 Memorandum of Law in Opposition to Motion filed by John Wiley & Sons, Inc., 53 Letter, 26 Reply Memorandum of Law in Support of Motion filed by John Wiley & Sons, Inc., 23 Memorandum of Law in Support of Motion filed by John Wiley & Sons, Inc., 14 Brief filed by Supap Kirtsaeng, 1 Complaint filed by John Wiley & Sons, Inc., 39 Letter filed by John Wiley & Sons, Inc., 29 Letter filed by Supap Kirtsaeng, 9 Affidavit of Service Other filed by John Wiley & Sons, Inc., 63 Order on Motion in Limine, 34 Letter,, filed by John Wiley & Sons, Inc., 66 THIRD MOTION in Limine to preclude. filed by Supap Kirtsaeng, 67 Memorandum of Law in Support of Motion filed by Supap Kirtsaeng, 54 Letter, filed by John Wiley & Sons, Inc., 64 Pretrial Order, 37 Letter, filed by John Wiley & Sons, Inc., 43 Order,, 47 Proposed Voir Dire Questions filed by Supap Kirtsaeng, 11 Affidavit of Service Other filed by John Wiley & Sons, Inc., 35 Order on Motion for Miscellaneous Relief, 6 Memorandum of Law in Support filed by John Wiley & Sons, Inc., 55 Letter, filed by John Wiley & Sons, Inc., 4 Case Management Plan, Set Deadlines,, 27 Notice of Case Assignment/Reassignment, 32 Order, Set Deadlines/Hearings,, 65 Letter, filed by Supap Kirtsaeng, 46 Proposed Jury Instructions filed by Supap Kirtsaeng, 20 Protective Order, 48 Exhibit List filed by John Wiley & Sons, Inc., 3 Answer to Complaint filed by Supap Kirtsaeng, 25 Declaration in Opposition to Motion filed by Supap Kirtsaeng, 50 FIRST MOTION in Limine to preclude. filed by Supap Kirtsaeng, 44 Proposed Voir Dire Questions filed by John Wiley & Sons, Inc., 74 Notice of Appeal filed by Supap Kirtsaeng, 13 Opposition Brief filed by Supap Kirtsaeng, 8 Declaration in Support, filed by John Wiley & Sons, Inc., 45 Proposed Jury Instructions filed by John Wiley & Sons, Inc. were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 74 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal to the District Judge re: 74 Notice of Appeal. (nd) |
| Filing 73 JUDGMENT #09,2217 in favor of John Wiley & Sons, Inc. against Supap Kirtsaeng in the amount of $ 600,000.00. (Signed by Judge Donald C. Pogue on 11/16/09) (Attachments: # 1 notice of right to appeal)(ml) |
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Filing 72
PERMANENT INJUNCTION. ORDERED, ADJUDGED AND DECREED that defendant Supap Kirtsaeng and his agents, servants, and employees, and all those acting in concert with him, if any, who receive notice of this injunction are hereby ENJOINED, unless and until such time as the verdict of the Jury is reversed or overruled, from (i) infringing the registered copyrights of plaintiff John Wiley & Sons, Inc. ("Wiley") identified on Schedule A hereto in violation of 17 U.S.C. § 501; and (ii) infringing any copyright of Wiley through the sale in, or importation into, the United States of any copy of any foreign edition of Wiley's works printed outside of the Uni ed States and marked to prohibit its resale in, or importation into, the United States; and it is further ORDERED, ADJUDGED AND DECREED that (a) the $10,000 cash deposit plaintiffs made to the Clerk of the Court pursuant to the order of attachment entered April 27, 2009, be and hereby is released; and (b) The Clerk of the Court shall mail a check for $10,000 payable to Dunnegan LLC, at 350 Fifth Avenue, Suite 4908, New York, New York 10118. Copy forwarded to Cashiers Office, Room 120. (Signed by Judge Donald C. Pogue on 11/16/09) (rjm).
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| Filing 71 LETTER addressed to Judge Donald C. Pogue from Laura Scileppi dated 11/12/2009 re: We are attorneys for plaintiff John Wiley & Sons, Inc. in the above action. Enclosed is a form for a permanent injunction to which both parties consent. Document filed by John Wiley & Sons, Inc.(mbe) |
| Filing 69 TRANSCRIPT of proceedings held on October 28, 2009 before Judge Donald C. Pogue. (mro) |
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Filing 70
MEMORANDUM AND ORDER. Plaintiff has failed to present the court with clear and convincing evidence supporting a finding of civil contempt and an institution of a fine against Defendant. Plaintiff's motion is DENIED. (Signed by Judge Donald C. Pogue on 11/9/09) (rjm)
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| JURY VERDICT for plaintiff in the amount of $600,000.(tro) |
| Minute Entry for proceedings held before Judge Donald C. Pogue: Jury Trial completed on 11/4/2009. Total trial days 2. (tro) |
| Minute Entry for proceedings held before Judge Donald C. Pogue: Jury Trial begun on 11/3/2009. (tro) |
| Filing 68 MEMO ENDORSED: granting in part and denying in part 66 Motion in Limine. See transcript of cont'd PreTrial Conference. (Signed by Judge Donald C. Pogue on 11/3/09) (cd) |
| Filing 67 MEMORANDUM OF LAW in Support re: 66 THIRD MOTION in Limine to preclude.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 66 THIRD MOTION in Limine to preclude. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| Filing 65 LETTER addressed to Judge Donald C. Pogue from Sam P. Israel dated 10/30/09 re: Counsel for Defendant Suapap Kirtsaeng, enclose courtesy copies of the Defendant's trial exhibits as renumbered in accordance with the joint Pre-trial Order. Document filed by Supap Kirtsaeng.(tro) (tro). |
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Filing 64
JOINT PRE-TRIAL ORDER. (Signed by Judge Donald C. Pogue on 10/28/2009) (rw)
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| Filing 63 MEMO ENDORSEMENT ON 56 Motion in Limine. ENDORSEMENT: Granted in part. See PTO. (Signed by Judge Donald C. Pogue on 10/28/2009) (rw) |
| Filing 62 ENDORSED LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 10/15/09 re: We request that the Court order Mr. Kirtsaeng to consent to the disclosure by PACER to plaintiff of his activity on April 27 and 28, 2009. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 10/21/09) (db) |
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Filing 61
MEMORANDUM ENDORSEMENT re: 50 First Motion in Limine to Preclude Testimony of Defendant's Counsel at Contempt Hearing. ORDER granting 50 Motion in Limine. ENDORSEMENT: Granted. (Signed by Judge Donald C. Pogue on 10/21/09) (db) Modified on 10/27/2009 (db).
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| Filing 60 LETTER addressed to Counsel from Judge Donald C. Pogue dated 10/26/2009 re: Enclosed for consideration at the continuation of the pretrial conference to be held on Wednesday, October 28 are the following documents: 1. Revised draft pretrial order; 2. Revised draft jury instructions; and 3. Revised draft verdict form. (rw) (Additional attachment(s) added on 10/27/2009: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (rw). |
| Filing 59 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 10/23/2009 re: As the Court requested we are writing with the consent of defendant's counsel to advise the Court concerning certain issues that remain open from the final pre-trial conference on October 21, 2009. We would be pleased to address any issues with the Court in connection with the appearance at the contempt hearing. Document filed by John Wiley & Sons, Inc.(mbe) (mbe). |
| Filing 58 MEMORANDUM OF LAW in Opposition re: 56 SECOND MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Dunnegan, William) |
| Filing 57 MEMORANDUM OF LAW in Support re: 56 SECOND MOTION in Limine.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 56 SECOND MOTION in Limine. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| Filing 55 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 10/15/09 re: Plaintiffs are writing to request that the Court order defendant to consent to PACER's production, pursuant to our subpoena, of his login information for April 28, 2009. Document filed by John Wiley & Sons, Inc.(mro) |
| Filing 54 LETTER addressed to Judge Donald C. Pogue from Laura Scileppi dated 10/15/09 re: Enclosed is a courtesy copy of the plaintiff's trial exhibit 71 and the joint exhibit 71 for the evidentiary hearing scheduled for October 28, 2009. The exhibits are identical. Document filed by John Wiley & Sons, Inc.(mro) |
| Filing 53 LETTER addressed to Counsel from Judge Donald C. Pogue dated 10/19/09 re: Enclosed for consideration at the pretrial conference to be held on Wednesday 11/21 are the following documents: 1. Revised draft pretrial order; 2. Revised draft jury instructions; and 3. Revised draft verdict form. (Attachments: # 1 Joint Pretrial Order, # 2 Jury Instructions, # 3 Verdict Form)(ae) |
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Filing 52
OPINION:#98172 In light of the court's analysis, described above, of Kirtsaeng's proposed defenses in this action, it is hereby: ORDERED that Kirtsaeng is prohibited as a from raising a defense pursuant to the doctrine; and it is hereby matter of law "first sale": ORDERED that Kirtsaeng is prohibited as a matter of law from raising a defense pursuant to waiver; and it is hereby: ORDERED that Kirtsaeng is prohibited as a matter of law from raising a defense claiming lack standing to bring this lawsuit. (Signed by Judge Donald C. Pogue on 10/19/09) (ae) Modified on 10/23/2009 (eef).
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| Filing 51 MEMORANDUM OF LAW in Support re: 50 FIRST MOTION in Limine to preclude.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 50 FIRST MOTION in Limine to preclude. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Sam Peter Israel to RE-FILE Document 49 FIRST MOTION in Limine. ERROR(S): Supporting Documents are filed separately (i.e. Memorandum in Support to be filed individually, using Event Type found under Replies, Opposition and Supporting Documents. ***REMINDER*** - First Re-File Motion, then file and link any supporting documents. (db) |
| Filing 49 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION in Limine. Document filed by Supap Kirtsaeng.(Israel, Sam) Modified on 10/16/2009 (db). |
| Filing 48 Exhibit List for Evidentiary Hearing - Joint. Document filed by John Wiley & Sons, Inc..(Scileppi, Laura) |
| Filing 47 PROPOSED VOIR DIRE QUESTIONS. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| Filing 46 PROPOSED JURY INSTRUCTIONS. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| Filing 45 PROPOSED JURY INSTRUCTIONS. Document filed by John Wiley & Sons, Inc..(Scileppi, Laura) |
| Filing 44 PROPOSED VOIR DIRE QUESTIONS. Document filed by John Wiley & Sons, Inc..(Scileppi, Laura) |
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Filing 43
ORDER: Defendant counsel's request for leave to w/draw is denied w/out prejudice. Permission to w/draw will be conditioned on the following: 1. Indication in Defendant counsel's affidavit that the request is founded on more than difficulties in communication that stem from "cultural and/or language impediments"; and/or 2. Indication that the Defendant assents to the w/drawal; and 3. Availability of replacement counsel whose appearance will not adversely and materially affect the preparation for trial. (Signed by Judge Donald C. Pogue on 10/5/09) (ae)
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| Filing 42 SEALED DOCUMENT placed in vault.(nm) |
| Filing 41 JOINT PRETRIAL ORDER. Document filed by John Wiley & Sons, Inc., Supap Kirtsaeng. (Attachments: # 1 part 2 JPTO)(db) |
| Filing 40 LETTER addressed to Judge Donald C. Pogue from Sam P. Israel dated 9/30/09 re: Response to plaintiff's 9/30/09 39 Letter. Document filed by Supap Kirtsaeng.(db) (db). |
| Filing 39 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 9/30/09 re: Declaration of Kai Lui. Document filed by John Wiley & Sons, Inc.(db) (db). |
| Filing 38 LETTER addressed to Judge Donald C. Pogue from Sam Israel dated 9/21/09 re: In response to plaintiff's letter of even date. Document filed by Supap Kirtsaeng.(cd) |
| Filing 37 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 9/21/09 re: Request for a conference to seek an order compelling defendant Supap to comply with Wiley's request for production of documents etc. Document filed by John Wiley & Sons, Inc.(cd) |
| Filing 36 WITNESS LIST. Document filed by John Wiley & Sons, Inc..(Scileppi, Laura) |
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Filing 35
MEMORANDUM OPINION AND ORDER;#98032 denying 21 Motion holding Kirtsaeng and his bank account holder, Bank of America, in civil contempt of an April 27, 2009 temporary restraining order. (Signed by Judge Donald C. Pogue on 9/15/09) (ae) (Additional attachment(s) added on 9/16/2009: # 1 Main Document) (ae). Modified on 9/17/2009 (eef).
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| Filing 34 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 9/8/09 re: Plaintiff is writing to address (i) the right to a jury trial on the issue of statutory damages, and (ii) the notice to Bank of America of the April 27, 2009 order; "We hold that the Seventh Amendment provides a right to a jury trial on all issues pertinent to an award of statutory damages under sec 504(c) of the Copyright act, including the amount itself;" and plaintiff provided Bank of America with notice that would have been sufficient to provide notice of the commencement of the civil action. Document filed by John Wiley & Sons, Inc. (Attachments: # 1 attachment to letter)(mro) |
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Filing 33
ORDER: As a result of the telephone conference held on 9/1/09, IT IS HEREBY ORDERED that: 1. Plaintiff's authority with regard to adequacy of notice to Bank of America shall be submitted by c.o.b. September 8, 2009; 2. Exhibits are to be submitted and marked by c.o.b. September 15, 2009; 3. The parties' revised pretrial order shall be submitted by c.o.b. September 29, 2009; 4. Proposed voire dire questions and jury instructions shall be submitted by c.o.b. October 5, 2009; 5. A pretrial conference shall be held on October 21, 2009, at 11:00 a.m., at the Court of International Trade, One Federal Plaza, Chambers 666. (Signed by Judge Donald C. Pogue on 9/1/2009) (rw)
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Filing 32
ORDER SETTING EVIDENTIARY HEARING: ORDERED that an evidentiary hearing on the above matter shall be scheduled for 11 a.m., October 28, 2009 in courtroom #2 of the U. S. Court of International Trade. Discovery shall close on October 7, 2009. (Signed by Judge Donald C. Pogue on 9/1/2009) (rw)
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Filing 31
ORDER that a trial in this matter will be held on Tuesday, November 3, 2009 at 9:30 a.m., in courtroom no. 2, at the U.S. Court of International Trade, One Federal Plaza, New York, N.Y. (Signed by Judge Donald C. Pogue on 8/25/09) (mro)
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| Filing 30 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 8/12/09 re: Counsel for plaintiff requests that the trial date be moved to any day during the week of November 2, 2009, or, if necessary, the week of November 9, 2009. The reason for our request is that my associate, who has been working on the action, will be away the last week of October. Document filed by John Wiley & Sons, Inc.(mro) |
| Filing 29 LETTER addressed to Judge Donald C. Pogue from Sam P. Israel dated 8/5/09 re: Response to Plaintiff's 8/5/09 Letter. Document filed by Supap Kirtsaeng.(db) |
| Filing 28 LETTER addressed to Judge Donald C. Pogue from William Dunnegan dated 8/5/09 re: Request confirmation that the trial will proceed on 8/24/09. Document filed by John Wiley & Sons, Inc.(db) |
| Filing 27 NOTICE OF CASE REASSIGNMENT to Judge Donald C. Pogue. Judge Gerard E. Lynch is no longer assigned to the case. (ldi) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) |
| Filing 25 DECLARATION of Supap Kirtsaeng in Opposition re: 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 24 DECLARATION of Sam P. Israel in Opposition re: 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt.. Document filed by Supap Kirtsaeng. (Israel, Sam) |
| Filing 23 MEMORANDUM OF LAW in Support re: 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) |
| Filing 22 DECLARATION of WILLIAM DUNNEGAN in Support re: 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Service)(Scileppi, Laura) |
| Filing 21 MOTION to Adjudge Kirtsaeng and Bank of America in Contempt. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) |
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Filing 20
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Gerard E. Lynch on 5/14/09) (tro)
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Filing 19
STIPULATION PRELIMINARY INJUNCTION AND ORDER VACATING TEMPORARY ORDER OF ATTACHMENT; (1)Pursuant to Rule 65 of the Federal Rules of Civil Procedure, Kirtsaeng, his agents, servants, employees and attorneys, and all those in active concert or participation with them who receive actual knowledge of this order, are hereby preliminarily enjoined from (i) selling in the United States Foreign Editions of Wiley's registered copyrights, Foreign Editions being defined as books printed outside of the United States and not authorized for resale in the United States, and (ii) infringing any copyrights of Wiley in violation of 17 U.S.C. § 501. (2) Wiley shall continue to post cash in the amount of $10,000 as security for the issuance of the preliminary injunction. (3) Pursuant to Rule 64 of the Federal Rules of Civil Procedure and New York CPLR § 6201, Wiley's application for an order of attachment is denied as moot and the Court's temporary restraining order in aid of attachment is hereby vacated. (Signed by Judge Gerard E. Lynch on 5/7/2009) (tve) Modified on 6/11/2009 (tve).
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| Filing 18 AMENDED COMPLAINT amending 1 Complaint against Supap Kirtsaeng, John Doe. Document filed by John Wiley & Sons, Inc. Related document: 1 Complaint filed by John Wiley & Sons, Inc.(dle) |
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Filing 17
ORDER: It is hereby ORDERED: 1. Parties are to provide a joint pre-trial order to the Court by July 20, 2009. This order should contain a brief statement of the issues to be resolved by trial, a list of each side's witnesses, and a list of exhibits and documents expected to be put into evidence. 2. Requests for jury instructions, requests for jury selection questions, and motions in regard to the admissibility of evidence for trial, if any, are due on August 14, 2009. 3. There will be a pre-trial conference at 10:00 a.m. on August 21, 2009. 5. Trial shall begin at 9:30 a.m. on August 24, 2009. (Signed by Judge Gerard E. Lynch on 5/7/2009) (jfe)
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Filing 16
STIPULATION AND ORDER GRANTING PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT: IT IS HEREBY STIPULATED and agreed by and between the parties to this action that, pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, plaintiff may serve the amended complaint annexed hereto. (Signed by Judge Gerard E. Lynch on 5/7/2009) (jfe)
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| Filing 15 BRIEF re: 14 Brief ISRAEL DECLARATION. Document filed by Supap Kirtsaeng. (Attachments: # 1 Exhibit Israel aff exh 1, # 2 Exhibit Israel decl exh 2, # 3 Exhibit ISRAEL DECL EXH 3, # 4 Exhibit ISRAEL DECL EXH 4, # 5 Exhibit ISRAEL DECL EXH 5, # 6 Exhibit ISRAEL DECL EXH. 6, # 7 Exhibit ISRAEL DECL EXH. 7)(Israel, Sam) |
| Filing 14 BRIEF re: 13 Opposition Brief Defendant Declaration. Document filed by Supap Kirtsaeng. (Attachments: # 1 Exhibit Exh 1 Kirtsaeng decl)(Israel, Sam) |
| Filing 13 FIRST OPPOSITION BRIEF re: 5 Order to Show Cause,,. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| Filing 12 NOTICE of DEPOSIT. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Declaration of Service)(Scileppi, Laura) |
| Filing 11 AFFIDAVIT OF SERVICE of SIGNED ORDER TO SHOW CAUSE served on SUPAP KIRTSAENG on 4/27/09. Service was accepted by SAM ISRAEL, ESQ., ATTORNEY FOR DEFENDANT. Document filed by John Wiley & Sons, Inc.. (Scileppi, Laura) |
| Filing 10 AFFIDAVIT OF SERVICE of SIGNED ORDER TO SHOW CAUSE served on SUPAP KIRTSAENG on 4/27/09. Service was made by E-MAIL. Document filed by John Wiley & Sons, Inc.. (Scileppi, Laura) |
| Filing 9 AFFIDAVIT OF SERVICE of SIGNED ORDER TO SHOW CAUSE served on SUPAP KIRTSAENG on 4/27/2009. Service was made by MAIL. Document filed by John Wiley & Sons, Inc.. (Scileppi, Laura) |
| Filing 8 DECLARATION of LAURA SCILEPPI in Support re: 5 Order to Show Cause,,. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M Text of Proposed Order, # 13 Dec of Service of Scileppi Declaration)(Scileppi, Laura) |
| Filing 7 DECLARATION of PATRICK MURPHY in Support re: 5 Order to Show Cause,,. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit A, # 2 Declaration of Service of Murphy Dec.)(Scileppi, Laura) |
| Filing 6 MEMORANDUM OF LAW in Support re: 5 Order to Show Cause,,. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service of Memorandum)(Scileppi, Laura) |
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Filing 5
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND PREJUDGMENT ATTACHMENT AND ORDER OF ATTACHMENT filed by John Wiley & Sons, Inc. Defendant Supap Kirtsaeng shall show cause as to why an order should not be issued purs. to Rule 65 of the FRCP enjoining Kirtsaeng, his agents etc with respect to plaintiff's copyrights. Show Cause Hearing set for 5/8/2009 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Judge Gerard E. Lynch. Show Cause Response due by 5/4/2009. (Signed by Judge Gerard E. Lynch on 4/27/09) (cd)
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| Filing 4 CASE MANAGEMENT PLAN: This case IS to be tried to a jury. The Next Case Management Conference is set for 6/5/2009 at 10:30 AM before Judge Gerard E. Lynch. Depositions due by 4/24/2009. Amended Pleadings due by 3/13/2009. Joinder of Parties due by 3/13/2009. All Discovery (including Expert Discovery) due by 5/22/2009. Fact Discovery due 5/22/09. The parties DO NOT consent to trial before U.S. Magistrate Judge. (Signed by Judge Gerard E. Lynch on 1/21/09) (db) |
| Filing 3 ANSWER to Complaint with JURY DEMAND. Document filed by Supap Kirtsaeng.(Israel, Sam) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Wiley & Sons, Inc..(mbe) |
| Filing 1 COMPLAINT against Supap Kirtsaeng, John Doe. (Filing Fee $ 350.00, Receipt Number 662437)Document filed by John Wiley & Sons, Inc..(mbe) |
| Mailed notice to Register of Copyrights to report the filing of this action. (mbe) |
| Case Designated ECF. (mbe) |
| Magistrate Judge Theodore H. Katz is so designated. (mbe) |
| SUMMONS ISSUED as to Supap Kirtsaeng, John Doe. (mbe) |
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