Wu v. Pearson Education Inc.
| Norbert Wu |
| Pearson Education Inc. |
| 1:2009cv06557 |
| July 23, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard J. Holwell |
| Plaintiff |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
136
MEMORANDUM AND ORDER: With respect to settlement-related discovery, Pearson shall produce within one week of the date of this order: 1. Any document reflecting punitive fees or penalties that Pearson has paid to resolve print overrun claims; 2. Any d ocument reflecting final settlement of claims concerning print overruns; 3. Documents sufficient to show the date on which any claim concerning a print overrun was initiated; and 4. Any specific document previously requested by plaintiff that may hav e been withheld because it was created in the context of settlement negotiations. These documents shall be produced, as appropriate, pursuant to the confidentiality order in place in this case. In all other respects, the plaintiff's application to compel production of settlement-related discovery is denied. (Signed by Magistrate Judge James C. Francis on 4/12/2012) Copies Mailed By Chambers. (lmb)
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Filing
127
MEMORANDUM ORDER AND OPINION. For the foregoing reasons, Pearson's motion for reconsideration [09 Civ. 6557, 91] is DENIED. Wu's motion for class certification with respect to the Wu I action [09 Civ. 6557, 103] is GRANTED with the modifica tions noted above. Wu's motion for class certification with respect to the Wu II action [10 Civ. 6537, 17] is DENIED. Pearson's motion to dismiss the Wu II [10 Civ. 6537, 11] action is WITHDRAWN. With regards to the Wu II, Wu may conduct ad ditional class discovery of the defendant and of third party witnesses to determine whether the defects described in this opinion can be cured. The parties are directed to meet and confer regarding a proposed discovery schedule and submit the schedul e to the Court within fourteen days of the date of this order. Re: (103 in 1:09-cv-06557-RJH-JCF) MOTION to Certify Class filed by Norbert Wu, (91 in 1:09-cv-06557-RJH-JCF) MOTION for Reconsideration re; (71) Memorandum & Opinion filed by Pearson Education Inc., (17 in 1:10-cv-06537-RJH) MOTION to Certify Class filed by Norbert Wu, (11 in 1:10-cv-06537-RJH) MOTION to Dismiss filed by Pearson Education Inc. (Signed by Judge Richard J. Holwell on 9/30/11) (rjm)
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Filing
122
MEMORANDUM AND ORDER denying 108 Motion for Preliminary Injunction and Other Relief, filed by Norbert Wu: For the reasons set forth on this Memorandum and Order, the plaintiff's motion is denied in all respects. (Signed by Magistrate Judge James C. Francis on 6/7/2011) Copies Mailed By Chambers. (ab)
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Filing
71
MEMORANDUM OPINION AND ORDER re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint, filed by Pearson Education Inc. Defendant's motion to dismiss (23) is granted in part and denied in part. Defendant's motion to sta y all state law claims arising from the Minden and Arnold agreements pending arbitration is GRANTED. Defendant's motion to stay the remaining claims is DENIED. Defendant's motion to strike is DENIED as moot. Defendant's motion to dismi ss copyright claims stemming from the Arnold agreement is GRANTED. Defendant's motion to dismiss all other copyright claims is DENIED. Defendant's motion to dismiss Counts II-IX of the complaint as they pertain to the AA photograph is DENIED without prejudice. (Signed by Judge Richard J. Holwell on 9/29/10) (cd)
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| Plaintiff: Norbert Wu | |
| Represented By: | Danial A. Nelson |
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| Defendant: Pearson Education Inc. | |
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