Cole v. John Wiley & Sons, Inc.

Cole v. John Wiley & Sons, Inc.

Plaintiff:	Brandon Cole
Defendant:	John Wiley & Sons, Inc.
Case Number:	1:2011cv02090
Filed:	March 25, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Richard M. Berman
Nature of Suit:	Copyrights
Cause of Action:	17 U.S.C. § 101
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 1, 2012	Filing 43 CORRECTED MEMORANDUM AND OPINION: For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint (Dkt. 28) is granted in its entirety, as set forth below: 1. The following claims are dismissed on the ground that they are subject to arbitration under the FAA: a. Plaintiffs copyright claims against defendants Wiley and Donnelley, relating to their alleged infringement of Plaintiffs copyrights in the Five Photographs used in the Costa Rica 2010 and 2011 books; and b. Plaintiffs fraud claims against Wiley, relating either to its procurement of the Five Photographs or to any conduct that allegedly induced Plaintiff either to provide the Delivery Memo or the License Agreement that reference the Five Photographs. This dismiss al is without prejudice to Plaintiffs right to seek to reopen this case, so as to litigate these claims, should Wiley and/or Donnelley refuse to proceed to arbitration. 2. Plaintiffs copyright claims against defendant Wiley, relating to Wileys alleg ed infringement of Plaintiffs copyrights in photographs supplied by Plaintiff to the Stock Photography Agencies, are dismissed without prejudice, pursuant to Rule 8(a) of the Federal Rules of Civil Procedure. 3. Plaintiffs fraud claims against defen dant Wiley, relating to a. any conduct that allegedly occurred after Plaintiff and Wiley entered into the License Agreement, and b. Wileys procurement of Plaintiffs photographs from third parties, are dismissed with prejudice, pursuant to Rule 12(b)( 6) of the Federal Rules of Civil Procedure. 4. Plaintiffs copyright infringement claims against the John Doe Defendants are dismissed, sua sponte and without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Debra C. Freeman on 8/1/2012) (djc)
July 31, 2012	Filing 42 MEMORANDUM AND OPINION re: 28 MOTION to Dismiss Amended Complaint. filed by John Wiley & Sons, Inc., R.R. Donnelley & Sons Company. For the foregoing reasons, Plaintiffs motion to dismiss the Amended Complaint (Dkt. 28) is granted in its ent irety, as set forth within. This dismissal is without prejudice to Plaintiffs right to seek to reopen this case, so as to litigate these claims, should Wiley and/or Donnelley refuse to proceed to arbitration. Plaintiffs copyright claims against defen dant Wiley, relating to Wileys alleged infringement of Plaintiffs copyrights in photographs supplied by Plaintiff to the Stock Photography Agencies, are dismissed without prejudice, pursuant to Rule 8(a) of the Federal Rules of Civil Procedure. Plain tiffs fraud claims against defendant Wiley, relating to: a. any conduct that allegedly occurred after Plaintiff and Wiley entered into the License Agreement, and b. Wileys procurement of Plaintiffs photographs from third parties, are dismissed with p rejudice, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs copyright infringement claims against the John Doe Defendants are dismissed, sua sponte and without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Debra C. Freeman on 7/31/2012) (jfe) Modified on 8/1/2012 (jfe).

Date Filed

Document Text

August 1, 2012

Filing 43 CORRECTED MEMORANDUM AND OPINION: For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint (Dkt. 28) is granted in its entirety, as set forth below: 1. The following claims are dismissed on the ground that they are subject to arbitration under the FAA: a. Plaintiffs copyright claims against defendants Wiley and Donnelley, relating to their alleged infringement of Plaintiffs copyrights in the Five Photographs used in the Costa Rica 2010 and 2011 books; and b. Plaintiffs fraud claims against Wiley, relating either to its procurement of the Five Photographs or to any conduct that allegedly induced Plaintiff either to provide the Delivery Memo or the License Agreement that reference the Five Photographs. This dismiss al is without prejudice to Plaintiffs right to seek to reopen this case, so as to litigate these claims, should Wiley and/or Donnelley refuse to proceed to arbitration. 2. Plaintiffs copyright claims against defendant Wiley, relating to Wileys alleg ed infringement of Plaintiffs copyrights in photographs supplied by Plaintiff to the Stock Photography Agencies, are dismissed without prejudice, pursuant to Rule 8(a) of the Federal Rules of Civil Procedure. 3. Plaintiffs fraud claims against defen dant Wiley, relating to a. any conduct that allegedly occurred after Plaintiff and Wiley entered into the License Agreement, and b. Wileys procurement of Plaintiffs photographs from third parties, are dismissed with prejudice, pursuant to Rule 12(b)( 6) of the Federal Rules of Civil Procedure. 4. Plaintiffs copyright infringement claims against the John Doe Defendants are dismissed, sua sponte and without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Debra C. Freeman on 8/1/2012) (djc)

July 31, 2012

Filing 42 MEMORANDUM AND OPINION re: 28 MOTION to Dismiss Amended Complaint. filed by John Wiley & Sons, Inc., R.R. Donnelley & Sons Company. For the foregoing reasons, Plaintiffs motion to dismiss the Amended Complaint (Dkt. 28) is granted in its ent irety, as set forth within. This dismissal is without prejudice to Plaintiffs right to seek to reopen this case, so as to litigate these claims, should Wiley and/or Donnelley refuse to proceed to arbitration. Plaintiffs copyright claims against defen dant Wiley, relating to Wileys alleged infringement of Plaintiffs copyrights in photographs supplied by Plaintiff to the Stock Photography Agencies, are dismissed without prejudice, pursuant to Rule 8(a) of the Federal Rules of Civil Procedure. Plain tiffs fraud claims against defendant Wiley, relating to: a. any conduct that allegedly occurred after Plaintiff and Wiley entered into the License Agreement, and b. Wileys procurement of Plaintiffs photographs from third parties, are dismissed with p rejudice, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiffs copyright infringement claims against the John Doe Defendants are dismissed, sua sponte and without prejudice, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Debra C. Freeman on 7/31/2012) (jfe) Modified on 8/1/2012 (jfe).

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Plaintiff: Brandon Cole
Represented By:	Danial A. Nelson
Represented By:	Kevin Patrick McCulloch
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Defendant: John Wiley & Sons, Inc.
Represented By:	Ashima Aggarwal
Represented By:	Joseph John Barker
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