Harpercollins Publishers LLC v. Gawker Media LLC
| Harpercollins Publishers LLC |
| Gawker Media LLC |
| 1:2010cv08782 |
| November 19, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G. Gardephe |
| Copyrights |
| 17 U.S.C. ยง 101 |
| None |
Docket Report
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| Filing 12 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED that Gawker hereby agrees not to re-publish, distribute or otherwise transmit in the future the Item, the Revised Item or any of the pages of the Book included in the Item or the Revised Item. Gawker agrees to use its best efforts to ensure that the Item and the Revised Item are not available in any search engine caches. HarperCollins acknowledges that Gawker has a right to comment on the contents of the Book in a manner consistent with the doctrine of fair use, as set forth in 17 U.S.C. 107. Pursuant to Gawker's agreement, as set forth in Paragraphs 1 and 2 above, it is hereby stipulated that, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the above-captioned action is hereby dismissed and discontinued with prejudice and without costs or attorney's fees to any party. This Court shall maintain jurisdiction to enforce this Stipulation. (Signed by Judge Paul G. Gardephe on 11/29/2010) (jfe) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Slade Metcalf Document 11 Stipulation of Voluntary Dismissal, was referred to Judge Paul G. Gardephe for approval. (dt) |
| Filing 11 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Gawker Media LLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Harpercollins Publishers LLC.(Metcalf, Slade) Modified on 11/29/2010 (dt). |
| Filing 10 AFFIDAVIT OF SERVICE. Gawker Media LLC served on 11/22/2010, answer due 12/13/2010. Service was accepted by Julia Schweizer. Document filed by Harpercollins Publishers LLC. (Metcalf, Slade) |
| Filing 9 DECLARATION of Rachel F. Strom in Support re: 3 Order to Show Cause,,,. Document filed by Harpercollins Publishers LLC. (Attachments: # 1 Exhibit A)(Metcalf, Slade) |
| Filing 8 DECLARATION of Slade R. Metcalf in Support re: 3 Order to Show Cause,,,. Document filed by Harpercollins Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 1C)(Metcalf, Slade) |
| Filing 7 DECLARATION of Christopher L. Goff in Support re: 3 Order to Show Cause,,,. Document filed by Harpercollins Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Metcalf, Slade) |
| Filing 6 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,. Document filed by Harpercollins Publishers LLC. (Metcalf, Slade) |
| Filing 5 TRO BOND # RSB871909 in the amount of $ 1,000.00 posted by Harpercollins Publishers LLC. (ml) |
Filing 4
OPINION: #99677 The court affirms its decision of November 20, 2010, to grant a temporary restraining order. (Signed by Judge Thomas P. Griesa on 11/22/2010) (jfe) Modified on 11/29/2010 (ajc).
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Filing 3
ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: Gawker Media LLC shall show cause as to why order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Gawker during the pendency of this action from continuing to distribute, publish or otherwise transmit pages from the book America By Heart by Sarah Palin (the "Book"). A hearing was held commencing at 3:00 p.m., Saturday, November 20, 2010, attended by Mr. Metcalf and Ms. Strom for plaintiff. Gaby Darbeyshire participated by telephone on behalf of Gawler Media. So Ordered Show Cause Hearing set for 11/30/2010 at 11:00 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Judge Thomas P. Griesa. Show Cause Response due by 11/29/2010. (Signed by Judge Thomas P. Griesa on 11/20/2010) (jfe)
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| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying News Corporation as Corporate Parent. Document filed by Harpercollins Publishers LLC.(ama) |
| Filing 1 COMPLAINT against Gawker Media LLC. (Filing Fee $ 350.00, Receipt Number 921698)Document filed by Harpercollins Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ama) |
| SUMMONS ISSUED as to Gawker Media LLC. (ama) |
| Magistrate Judge James L. Cott is so designated. (ama) |
| Mailed notice to Register of Copyrights to report the filing of this action. (ama) |
| Case Designated ECF. (ama) |
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| Plaintiff: Harpercollins Publishers LLC | |
| Represented By: | Katherine Mary Bolger |
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| Defendant: Gawker Media LLC | |
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