J.T. Colby & Company, Inc. et al v. Apple, Inc. Featured Case

Book publishers sue Apple for common law trademark infringement over use of the phrase 'iBooks.'

Plaintiff: J.T. Colby & Company, Inc., J.Boyston & Company, Publishers LLC and Ipicturebooks LLC
Defendant: Apple, Inc.
Case Number: 1:2011cv04060
Filed: June 15, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Deborah A. Batts
Nature of Suit: Trademark
Cause of Action: 28:794
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 3, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 165 Declaration in Support of Motion, filed by Apple Inc., 76 Certificate of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 105 Memorandum of Law in Support of Motion filed by Apple Inc., 67 Endorsed Letter, 123 Certificate of Service Other filed by Apple Inc., 32 Notice of Case Assignment/Reassignment, 121 Memorandum of Law in Support of Motion filed by Apple Inc., 11 Notice of Appearance filed by Apple, Inc., 142 Declaration in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 23 Transcript, 153 Endorsed Letter, Set Deadlines/Hearings, 57 Order on Motion to Appear Pro Hac Vice, 34 Notice of Appearance filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 135 Declaration in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 38 Notice of Appearance filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 133 Certificate of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 18 Order, 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer filed by Apple Inc., 75 Memorandum of Law in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 71 Certificate of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 62 Notice of Filing Transcript, 146 Reply Memorandum of Law in Support of Motion filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 9 Notice of Appearance filed by Apple, Inc., 98 Endorsed Letter,, 116 Declaration in Support of Motion, filed by Apple Inc., 171 Declaration in Opposition to Motion, filed by Apple Inc., 170 Memorandum of Law in Opposition to Motion, filed by Apple Inc., 172 Declaration in Opposition to Motion, filed by Apple Inc., 56 MOTION for Jennifer L. Barry to Appear Pro Hac Vice Filing fee $ 200.00, receipt number 0208-7831780. Motion and supporting papers to be reviewed by Clerk's Office staff filed by Apple, Inc., 188 Internet Citation, 137 Declaration in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 44 Transcript, 1 Complaint, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 64 Transcript, 101 Certificate of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 100 Reply Affidavit in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 47 Order, Set Deadlines/Hearings, 42 Amended Complaint, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 107 Declaration in Support of Motion filed by Apple Inc., 74 Declaration in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 65 Notice of Filing Transcript, 25 Protective Order, 45 Notice of Filing Transcript, 128 Certificate of Service Other filed by Apple Inc., 59 Endorsed Letter, 20 Endorsed Letter, Set Hearings, 109 Declaration in Support of Motion filed by Apple Inc., 82 Order, 167 Reply Memorandum of Law in Support of Motion filed by Apple Inc., 163 Certificate of Service Other, filed by Apple Inc., 70 Memorandum of Law in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 17 Scheduling Order, 145 Reply Affirmation in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 69 Declaration in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 61 Transcript, 58 Order on Motion to Appear Pro Hac Vice, 63 Notice of Appearance filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 5 Stipulation and Order, Set Deadlines/Hearings, 164 Reply Memorandum of Law in Support of Motion filed by Apple Inc., 136 Memorandum of Law in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 81 Endorsed Letter, 147 Affidavit of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 176 Reply Memorandum of Law in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 187 Clerk's Judgment, 6 Rule 7.1 Corporate Disclosure Statement filed by Apple, Inc., 130 Memorandum of Law in Opposition to Motion filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 49 Endorsed Letter, Set Deadlines, 36 Order on Motion to Withdraw as Attorney, 16 Notice of Case Assignment/Reassignment, 35 Scheduling Order, 7 Answer to Complaint filed by Apple, Inc., 161 Reply Memorandum of Law in Support of Motion, filed by Apple Inc., 159 Declaration in Support of Motion, filed by Apple Inc., 166 Certificate of Service Other, filed by Apple Inc., 111 Declaration in Support of Motion filed by Apple Inc., 28 Declaration in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 110 Declaration in Support of Motion filed by Apple Inc., 89 Declaration in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 160 Certificate of Service Other filed by Apple Inc., 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald filed by Apple Inc., 92 Memorandum of Law in Opposition to Motion filed by Apple Inc., 50 Endorsed Letter, 113 Certificate of Service Other filed by Apple Inc., 96 Endorsed Letter, 143 Memorandum of Law in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 169 Certificate of Service Other, filed by Apple Inc., 80 Certificate of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 131 Counter Statement to Rule 56.1 filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 4 Affidavit of Service Complaints filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 173 Certificate of Service Other, filed by Apple Inc., 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 24 Notice of Filing Transcript, 95 Endorsed Letter, 115 Memorandum of Law in Support of Motion filed by Apple Inc., 53 Endorsed Letter, 157 Reply Memorandum of Law in Support of Motion filed by Apple Inc., 15 Notice of Appearance filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 3 Affidavit of Service Complaints, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 43 Answer to Amended Complaint filed by Apple, Inc., 141 Declaration in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 162 Declaration in Support of Motion,, filed by Apple Inc., 104 MOTION for Summary Judgment filed by Apple Inc., 90 Memorandum of Law in Support of Motion filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 138 Declaration in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 108 Declaration in Support of Motion filed by Apple Inc., 55 MOTION for Perry J. Viscounty to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7826798. Motion and supporting papers to be reviewed by Clerk's Office staff. filed by Apple, Inc., 189 Notice of Appeal, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 127 Declaration in Opposition to Motion, filed by Apple Inc., 185 Notice of Change of Address filed by Apple Inc., 174 Declaration in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 41 Stipulation and Order, 129 Declaration in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 21 Endorsed Letter, Set Hearings, 26 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 79 Memorandum of Law in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 12 Scheduling Order, 46 Order, Add and Terminate Attorneys, 112 Declaration in Support of Motion filed by Apple Inc., 72 Certificate of Service Other, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 175 Declaration in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 40 Notice of Filing Transcript, 10 Amended Answer to Complaints filed by Apple, Inc., 118 Endorsed Letter, 139 Memorandum of Law in Opposition to Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 119 Endorsed Letter, 66 Order, 122 Declaration in Support of Motion, filed by Apple Inc., 30 Declaration in Opposition to Motion, filed by Apple, Inc., 158 Counter Statement to Rule 56.1 filed by Apple Inc., 8 Notice of Appearance filed by Apple, Inc., 99 Reply Memorandum of Law in Support of Motion, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC, 154 Endorsed
June 5, 2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 189 Notice of Appeal. (tp)
June 5, 2013 Filing 189 NOTICE OF APPEAL from 187 Clerk's Judgment, 186 Memorandum & Opinion,. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. Filing fee $ 455.00, receipt number 0208-8575614. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit Exhibit A - Judgment)(Anten, Todd)
May 30, 2013 Filing 188 INTERNET CITATION NOTE: Material from decision with Internet citation re: 186 Memorandum & Opinion. (sj)
May 9, 2013 Filing 187 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated May 8, 2013, defendants December 21 motion is granted; plaintiffs December 21 motion is denied; and judgment is hereby entered for the defendant. (Signed by Clerk of Court Ruby Krajick on 5/9/13) (Attachments: # 1 Notice of Right to Appeal)(dt)
May 8, 2013 Transmission to Judgments and Orders Clerk. Transmitted re: 186 Opinion and Order, to the Judgments and Orders Clerk. (mt)
May 8, 2013 Opinion or Order Filing 186 OPINION AND ORDER: #103185 The defendants December 21 motion is granted and the plaintiffs December 21 motion is denied. The Clerk of Court shall enter judgment for the defendant. (Signed by Judge Denise L. Cote on 5/8/2013) (mt) Modified on 5/14/2013 (jab).
April 10, 2013 Filing 185 NOTICE OF CHANGE OF ADDRESS by Bonnie Leigh Jarrett on behalf of Apple Inc.. New Address: Kirkland & Ellis LLP, 601 Lexington Avenue, New York, New York, USA 10022, (212) 446-4800. (Jarrett, Bonnie)
February 25, 2013 Filing 184 EXHIBITS to the Declaration of Defendants' Motion for Summary Judgment (Dkts. 108, 109, 110, 111 & 112). Document filed by Apple Inc.(lmb)
February 25, 2013 Filing 183 EXHIBITS to the Declaration of Defendants' Motion for Summary Judgment (Dkt. 107). Document filed by Apple Inc.(lmb) Modified on 2/25/2013 (lmb).
February 21, 2013 Filing 182 SEALED DOCUMENT placed in vault.(nm)
February 21, 2013 Filing 181 SEALED DOCUMENT placed in vault.(nm)
February 21, 2013 Filing 180 SEALED DOCUMENT placed in vault.(nm)
February 21, 2013 Filing 179 SEALED DOCUMENT placed in vault.(nm)
February 21, 2013 Filing 178 SEALED DOCUMENT placed in vault.(nm)
February 21, 2013 Filing 177 CERTIFICATE OF SERVICE of Plaintiffs' Reply Papers in Support of Plaintiffs' Motions to Exclude the Testimony, Including Affidavits, Declarations and Reports of Defendant's Expert Witness E. Deborah Jay and Defendant's Rebuttal Expert Stephen M. Nowlis served on Defendant Apple Inc. on February 5, 2013. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 21, 2013 Filing 176 REPLY MEMORANDUM OF LAW in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 21, 2013 Filing 175 DECLARATION of John T. Colby, Jr. in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 21, 2013 Filing 174 DECLARATION of Todd Anten in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Chattoraj, Partha)
February 21, 2013 Filing 173 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Plaintiffs' Motion to Exclude the Testimony, Including Affadavits, Declarations, and Reports, of (1) Defendant's Expert Witness E. Deborah Jay and (2) Defendant's Rebuttal Expert Stephen M. Nowlis, and Supporting Papers served on Plaintiffs on 1/25/2013. Document filed by Apple Inc.. (Cendali, Dale)
February 21, 2013 Filing 172 DECLARATION of Mary Mazzello in Opposition re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Tab - Colby Dep, # 6 Tab - Jacoby Dep, # 7 Tab - Jay Dep, # 8 Tab - McDonald Dep, # 9 Tab - Nowlis Dep)(Cendali, Dale)
February 21, 2013 Filing 171 DECLARATION of Dr. Stephen M. Nowlis in Opposition re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Apple Inc.. (Cendali, Dale)
February 21, 2013 Filing 170 MEMORANDUM OF LAW in Opposition re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 169 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Defendant's Motion to Exclude any Testimony, Argument or Evidence Regarding the Expert Report and Opinions of Mike Shatzkin, and Supporting Papers served on Plaintiffs on 2/5/2013. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 168 DECLARATION of Bonnie L. Jarrett in Support re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (REDACTED), # 2 Exhibit 2, # 3 Exhibit 3 (REDACTED), # 4 Exhibit 4, # 5 Tab - Colby 30(b)(6) Dep, # 6 Tab - Shatzkin Dep (REDACTED))(Cendali, Dale)
February 20, 2013 Filing 167 REPLY MEMORANDUM OF LAW in Support re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 166 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Defendant's Motion to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer, and Supporting Papers served on Plaintiffs on 2/5/2013. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 165 DECLARATION of Jennifer L. Barry in Support re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 13 (Part 1 of 4), # 2 Exhibit 13 (Part 2 of 4), # 3 Exhibit 13 (Part 3 of 4), # 4 Exhibit 13 (Part 4 of 4))(Cendali, Dale)
February 20, 2013 Filing 164 REPLY MEMORANDUM OF LAW in Support re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 163 CERTIFICATE OF SERVICE of Memorandum of Law in Reply to Plaintiffs' Opposition to Defendant's Motion to Exclude any Testimony, Argument or Evidence Regarding the Expert Report and Opinions of Susan Schwartz McDonald, and Supporting Papers served on Plaintiffs on 2/5/2013. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 162 DECLARATION of Mary Mazzello in Support re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (Part 1 of 5), # 2 Exhibit 1 (Part 2 of 5), # 3 Exhibit 1 (Part 3 of 5), # 4 Exhibit 1 (Part 4 of 5), # 5 Exhibit 1 (Part 5 of 5), # 6 Exhibit 2, # 7 Exhibit 3, # 8 Tab - Colby 30(b)(6) Dep, # 9 Tab - Jacoby Dep, # 10 Tab - McDonald Dep, # 11 Tab - Nowlis Dep)(Cendali, Dale)
February 20, 2013 Filing 161 REPLY MEMORANDUM OF LAW in Support re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 160 CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of Defendant's Motion for Summary Judgment, and Supporting Papers served on Plaintiffs on 2/5/2013. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 159 DECLARATION of Bonnie L. Jarrett in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (REDACTED), # 4 Exhibit 4 (REDACTED), # 5 Tab - Borden Dep, # 6 Tab - Colby 30(b)(6) Dep (REDACTED), # 7 Tab - Colby Dep, # 8 Tab - Freese Dep, # 9 Tab - Goldhor Dep, # 10 Tab - Gundersen Dep, # 11 Tab - Kvamme Dep)(Cendali, Dale)
February 20, 2013 Filing 158 COUNTER STATEMENT TO Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 157 REPLY MEMORANDUM OF LAW in Support re: 104 MOTION for Summary Judgment. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 20, 2013 Filing 156 SEALED DOCUMENT placed in vault.(nm)
February 15, 2013 Filing 154 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 2/14/2013 re: We are counsel for Defendant Apple Inc. in the above-titled case. We are currently preparing redacted versions of the exhibits to Apple's summary judgment brief which are too large to file on ECF, and which Your Honor has granted Apple permission to file in hard copy only. (Apple has ECF-filed all other papers for which redactions have been approved.) In preparing these redactions, we became aware that Plaintiffs requested that certain sales figures that appear on line 20 of page 166 of the Rule 30(b)(6) deposition of John T. Colby be redacted, but did not request that similar information that appears on line 25 not be redacted. (The deposition excerpt is attached to the December 21,2012 Declaration of Bonnie L. Jarrett.) We notified Plaintiffs' counsel, who then requested that the information on line 25 be redacted. A copy of the relevant page, both without redactions and with the requested redactions highlighted, is enclosed for the Court's consideration. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/15/2013) (ama)
February 15, 2013 Filing 153 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 2/11/2013 re: We are counsel for Defendant Apple Inc. in the above-titled case. Enclosed for Your Honor's consideration are two hard copy sets of Defendant Apple Inc.'s papers in opposition to Plaintiffs' Daubert motions with respect to E. Deborah Jay and Stephen Nowlis, as well as Defendant's reply papers in support of its Motion for Summary Judgment and Daubert motions with respect to Mike Shatzkin and Susan Schwartz McDonald. One of the hard copy sets submitted herewith is labeled "Unredacted Courtesy Copy" and consists of a complete set of the respective papers without redactions. The other copy set, which is labeled "Courtesy Copy with Proposed Redactions," consists of a complete set of the respective papers with the information that Plaintiffs have designated confidential, and which Plaintiffs request be filed under seal, highlighted and flagged in blue. We also have enclosed a binder labeled "Looseleaf Set of Redacted Pages." In accordance with Rule 4.A of Your Honor's Individual Practices, that binder contains a partial, looseleaf set consisting solely of those pages bearing material as to which Plaintiffs seek permission to redact. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/15/2013) (ama)
February 15, 2013 Filing 152 SEALED DOCUMENT placed in vault.(nm)
February 15, 2013 Filing 151 SEALED DOCUMENT placed in vault.(nm)
February 15, 2013 Filing 150 SEALED DOCUMENT placed in vault.(nm)
February 12, 2013 Filing 147 AFFIDAVIT OF SERVICE of Plaintiffs' Reply Papers in Further Support of Plaintiffs' Motion for Partial Summary Judgment served on Defendant Apple Inc. on February 5, 2013. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 146 REPLY MEMORANDUM OF LAW in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 145 REPLY AFFIRMATION of Partha P. Chattoraj in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Chattoraj, Partha)
February 12, 2013 Filing 144 AFFIDAVIT OF SERVICE of Plaintiffs' Memoranda of Law and Supporting Papers in Opposition to Defendant's Motions to Exclude any Testimony, Argument or Evidence Regarding the Expert Opinions of Plaintiffs' Expert Witnesses Susan Schwartz McDonald, Mike Shatzkin and Robert T. Scherer served on Defendant Apple Inc. on January 25, 2013. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 143 MEMORANDUM OF LAW in Opposition re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 142 DECLARATION of Mike Shatzkin in Opposition re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 141 DECLARATION of John T. Colby, Jr. in Opposition re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 140 DECLARATION of Claudia T. Bogdanos in Opposition re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Chattoraj, Partha)
February 12, 2013 Filing 139 MEMORANDUM OF LAW in Opposition re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 138 DECLARATION of Robert T. Scherer in Opposition re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1, # 3 Exhibit B Part 2, # 4 Exhibit C, # 5 Exhibit D)(Chattoraj, Partha)
February 12, 2013 Filing 137 DECLARATION of Partha P. Chattoraj in Opposition re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C Part 1, # 4 Exhibit C Part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Chattoraj, Partha)
February 12, 2013 Filing 136 MEMORANDUM OF LAW in Opposition re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 135 DECLARATION of Claudia T. Bogdanos in Opposition re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I Part 1, # 10 Exhibit I Part 2, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R)(Chattoraj, Partha)
February 12, 2013 Filing 134 DECLARATION of John T. Colby, Jr. in Opposition re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit B, # 5 Exhibit C)(Chattoraj, Partha)
February 12, 2013 Filing 133 CERTIFICATE OF SERVICE of Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment served on Defendant Apple Inc. on January 26, 2013. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 132 CERTIFICATE OF SERVICE of Plaintiffs' Supporting Papers in Opposition to Defendant's Motion for Summary Judgment served on Defendant Apple Inc. on January 25, 2013. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 131 COUNTER STATEMENT TO 106 Rule 56.1 Statement. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 130 MEMORANDUM OF LAW in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 12, 2013 Filing 129 DECLARATION of John T. Colby, Jr. in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chattoraj, Partha)
February 12, 2013 Filing 128 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Plaintiffs' Motion for Partial Summary Judgment, and Supporting Papers served on Plaintiffs on 1/25/2013. Document filed by Apple Inc.. (Cendali, Dale)
February 12, 2013 Filing 127 DECLARATION of Dale M. Cendali in Opposition re: 87 MOTION for Partial Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Tab - Borden Dep., # 10 Tab - Colby 30(b)(6) Dep., # 11 Tab - Gedikian Dep., # 12 Tab - Goldhor Dep., # 13 Tab - Gundersen Dep., # 14 Tab - Kvamme Dep., # 15 Tab - La Perle Dep. (REDACTED), # 16 Tab - Widup Dep.)(Cendali, Dale)
February 12, 2013 Filing 126 DECLARATION of Partha P. Chattoraj in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104 Part 1, # 105 Exhibit 104 Part 2, # 106 Exhibit 104 Part 3, # 107 Exhibit 104 Part 4, # 108 Exhibit 104 Part 5, # 109 Exhibit 104 Part 6, # 110 Exhibit 104 Part 7, # 111 Exhibit 105, # 112 Exhibit 106, # 113 Exhibit 107, # 114 Exhibit 108, # 115 Exhibit 109, # 116 Exhibit 110, # 117 Exhibit 111, # 118 Exhibit 112, # 119 Exhibit 113, # 120 Exhibit 114, # 121 Exhibit 115, # 122 Exhibit 116, # 123 Exhibit 117, # 124 Exhibit 118, # 125 Exhibit 119)(Chattoraj, Partha)
February 12, 2013 Filing 125 COUNTER STATEMENT TO 88 Rule 56.1 Statement. Document filed by Apple Inc.. (Cendali, Dale)
February 12, 2013 Filing 124 MEMORANDUM OF LAW in Opposition re: 87 MOTION for Partial Summary Judgment. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 12, 2013 Filing 123 CERTIFICATE OF SERVICE of Defendant's Motion to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald served on Plaintiffs on 12/21/2012. Document filed by Apple Inc.. (Cendali, Dale)
February 12, 2013 Filing 122 DECLARATION of Mary Mazzello in Support re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)
February 12, 2013 Filing 121 MEMORANDUM OF LAW in Support re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 12, 2013 Filing 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald. Document filed by Apple Inc..(Cendali, Dale)
February 11, 2013 Filing 149 SEALED DOCUMENT placed in vault.(nm)
February 11, 2013 Filing 148 SEALED DOCUMENT placed in vault.(nm)
February 8, 2013 Filing 119 ENDORSED LETTER: addressed to Judge Denise L. Cote from Dale M. Cendali dated 2/8/2013 re: Counsel for defendant request that two additional pages of Apple's brief in support of it's motion to exclude Susan Schwartz McDonald be redacted. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Denise L. Cote on 2/8/2013) (js)
February 8, 2013 Filing 118 ENDORSED LETTER: addressed to Judge Denise L. Cote from David A. Shaiman dated 2/8/2013 re: Counsel for Plaintiff write Pursuant to Section4(A) of Your Honor's Individual Practices and telephone conversations among the parties' counsel and Your Honor's law clerk, I write to request the Court's approval of the enclosed proposed redactions to Plaintiffs' papers in opposition to Defendant Apple Inc.'s Motion for Summary Judgment and its Motion to Exclude Plaintiffs' expert Robert T. Scherer. No party has requested redactions to Plaintiffs' other opposition papers. As required by Section 4(A)(1) of Your Honor's Individual Practices, we have enclosed with this letter a binder containing copies of the documents and exhibits wherein redactions are sought, with the words, phrases, or paragraphs to be redacted highlighted. Redactions requested by Plaintiffs are highlighted in green while those requested by Defendant are highlighted in blue.Additionally, as required by Section 4(A)(2) of Your Honor's Individual Practices, we have also enclosed loose leaf sets of solely the pages on which redactions have been requested by placing those unredacted pages in clear sheet protectors immediately following each complete, redacted portion. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denise L. Cote on 2/8/2013) (js)
February 8, 2013 Filing 117 CERTIFICATE OF SERVICE of Defendant's Motion to Exclude any Testimony, Argument or Evidence Regarding the Expert Opinions of Mike Shatzkin, and Supporting Papers served on Plaintiffs on 12/21/2012. Document filed by Apple Inc.. (Cendali, Dale)
February 8, 2013 Filing 116 DECLARATION of Claudia Ray in Support re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (Part 1 of 2), # 2 Exhibit 1 (Part 2 of 2), # 3 Exhibit 2 (Redacted), # 4 Exhibit 3 (Redacted), # 5 Exhibit 4, # 6 Exhibit 5 (Filed Under Seal), # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8 (Redacted), # 10 Exhibit 9)(Cendali, Dale)
February 8, 2013 Filing 115 MEMORANDUM OF LAW in Support re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 8, 2013 Filing 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin. Document filed by Apple Inc..(Cendali, Dale)
February 8, 2013 Filing 113 CERTIFICATE OF SERVICE of Defendant's Motion for Summary Judgment and Supporting Papers served on Plaintiffs on 12/21/2012. Document filed by Apple Inc.. (Cendali, Dale)
February 8, 2013 Filing 112 DECLARATION of Dr. Stephen M. Nowlis in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)
February 8, 2013 Filing 111 DECLARATION of Siegrun D. Kane in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)
February 8, 2013 Filing 110 DECLARATION of Dr. E. Deborah Jay, Ph.D. in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)
February 8, 2013 Filing 109 DECLARATION of Philip G. Hampton, II in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)
February 8, 2013 Filing 108 DECLARATION of Dr. Gregory S. Carpenter in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit)(Cendali, Dale)
February 8, 2013 Filing 107 DECLARATION of Bonnie L. Jarrett in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Jarrett Declaration (Part 2 of 3), # 2 Jarrett Declaration (Part 3 of 3))(Cendali, Dale)
February 8, 2013 Filing 106 RULE 56.1 STATEMENT. Document filed by Apple Inc.. (Cendali, Dale)
February 8, 2013 Filing 105 MEMORANDUM OF LAW in Support re: 104 MOTION for Summary Judgment. REDACTED. Document filed by Apple Inc.. (Cendali, Dale)
February 8, 2013 Filing 104 MOTION for Summary Judgment. Document filed by Apple Inc..(Cendali, Dale)
February 8, 2013 Filing 103 NOTICE OF APPEARANCE by Todd Steven Anten on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Anten, Todd)
February 7, 2013 Filing 102 SEALED DOCUMENT placed in vault.(nm)
February 6, 2013 Filing 101 CERTIFICATE OF SERVICE of Reply Memorandum of Law and Reply Declaration of Todd Anten with Exhibits, in Support of Plaintiffs' Motion to Exclude the Testimony, Affidavits, Declarations and Reports of Gregory S. Carpenter served on Defendant Apple Inc. on February 5, 2013. Service was accepted by Dale Cendali and Perry Viscounty, Counsel for Defendant. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 6, 2013 Filing 100 REPLY AFFIDAVIT of Todd Anten in Support re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chattoraj, Partha)
February 6, 2013 Filing 99 REPLY MEMORANDUM OF LAW in Support re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
February 5, 2013 Filing 98 ENDORSED LETTER addressed to Judge Denise L. Cote from David A. Shaiman dated 2/1/2013 re: we are co-counsel to Plaintiffs in the above-referenced action. Pursuant to the Court's January 23, 2013, Order concerning redactions, we enclose herein targeted proposed redactions to Exhibit 52 of the Declaration of Bonnie Jarrett, to the transcripts of the July 18,2012 Rule 30(b)(6) deposition of John T. Colby and the December 4, 2012 deposition of Mike Shatzkin, and to the September 17 and October 26, 2012 reports of Defendant's proposed expert Gregory S. Carpenter and the exhibits thereto. ENDORSEMENT: Redactions are approved. (Signed by Judge Denise L. Cote on 2/5/2013) (pl)
February 5, 2013 Filing 97 SEALED DOCUMENT placed in vault.(nm)
February 5, 2013 Set/Reset Deadlines: Replies due by 2/6/2013. (pl)
February 5, 2013 Filing 96 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 1/28/2013 re: counsel for Defendant requests a one-day extension, until midnight on Wednesday, February 6, 2013, for Apple to file and serve its reply brief in support of its motion for summary judgment. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/5/2013) (pl)
February 5, 2013 Filing 95 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 1/25/2013 re: We are counsel for Defendant Apple Inc. in the above-titled case. Enclosed for Your Honor's consideration are two hard copy sets of Defendant Apple Inc.'s papers in opposition to Plaintiffs' Motion for Partial Summary Judgment, with accompanying documents. One of the hard copy sets submitted herewith is labeled "Unredacted Courtesy Copy" and consists of a complete set of Defendant's opposition without redactions. The other copy set, which is labeled "Courtesy Copy with Proposed Redactions," consists of a complete set of Defendant's opposition papers with the information that Apple has designated confidential, and which Apple requests be filed under seal, highlighted and flagged in yellow. The proposed redactions consist of the same information as to which the Court previously granted Apple's request for permission to file under seal. We also have enclosed a binder labeled "Looseleaf Set of Redacted Pages." In accordance with Rule 4.A of Your Honor's Individual Practices, that binder contains a partial, looseleaf set consisting solely of those pages bearing material as to which Apple seeks permission to redact. ENDORSEMENT: Redactions are approved. (Signed by Judge Denise L. Cote on 2/5/2013) (pl) Modified on 2/5/2013 (pl).
January 30, 2013 Filing 94 SEALED DOCUMENT placed in vault.(nm)
January 26, 2013 Filing 93 DECLARATION of Claudia Ray in Opposition re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Apple Inc.. (Attachments: # 1 Tab - Carpenter Dep, # 2 Tab - McDonald Dep)(Cendali, Dale)
January 25, 2013 Filing 92 MEMORANDUM OF LAW in Opposition re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Apple Inc.. (Cendali, Dale)
January 25, 2013 Filing 90 MEMORANDUM OF LAW in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 25, 2013 Filing 89 DECLARATION of Partha P. Chattoraj in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90)(Chattoraj, Partha)
January 25, 2013 Filing 88 RULE 56.1 STATEMENT. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 25, 2013 Filing 87 MOTION for Partial Summary Judgment. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. Responses due by 1/25/2013(Chattoraj, Partha)
January 24, 2013 Filing 91 SEALED DOCUMENT placed in vault.(mps)
January 24, 2013 Filing 86 ENDORSED LETTER addressed to Judge Denise L. Cote from David A. Shaiman dated 1/24/2013 re: I write to notify the Court that Defendant has requested that one additional page from Plaintiffs' opening summary judgment papers be redacted. The page with the requested redactions highlighted, and a non-redacted copy of the page, are enclosed herewith. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/24/2013) (cd)
January 24, 2013 Filing 85 DECLARATION of Jennifer L. Barry in Support re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (REDACTED), # 2 Exhibit 2 (REDACTED), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Cendali, Dale)
January 24, 2013 Filing 84 MEMORANDUM OF LAW in Support re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Apple Inc.. (Cendali, Dale)
January 24, 2013 Filing 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer. Document filed by Apple Inc..(Cendali, Dale)
January 23, 2013 Opinion or Order Filing 82 ORDER: The parties having proposed redactions of their motions for summary judgment and their Daubert motions, it is hereby ORDERED that the parties proposed redactions are approved with the following exceptions. The plaintiffs' proposed redactions of the 30(b) (6) deposition of John T. Colby conducted on July 18, 2012, of the deposition of Mike Shatzkin conducted on December 4, 2012, of the September 17, 2013 expert report of Gregory Carpenter and its exhibits, of the October 26, 2012 expert report of Gregory Carpenter and its exhibits, and of exhibit 52 to the declaration of Bonnie Jarrett are not approved. IT IS FURTHER ORDERED that with respect to documents in which all proposed redactions have been approved, the parties shall promptly file redacted versions of the documents on the Electronic Case Filing system, or where otherwise allowed, file hard copy versions with the Clerk of Court. IT IS FURTHER ORDERED that with respect to the proposed redactions that have not approved, the plaintiff shall resubmit proposed redactions that are more targeted in their scope to the Court by February 4, 2013. (Signed by Judge Denise L. Cote on 1/23/2013) (ago) Modified on 1/25/2013 (ago).
January 23, 2013 Filing 81 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 1/11/2013 re: Defense counsel writes to request permission to serve and file in hard copy exhibits attached to the declarations submitted in support of Defendant's motion to summary judgment and in support of its Daubert motion with regard to Dr. McDonald because those exhibits cannot be reasonably scanned for electronic filing. (The exhibits in the Daubert motion with regard to Messrs. Scherer and Shatzkin will be scanned and filed electronically.) ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/23/2013) (ago) Modified on 1/25/2013 (ago).
January 11, 2013 Filing 80 CERTIFICATE OF SERVICE of Notice of Motion to Exclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis, Declaration of Claudia T. Bogdanos in Support of Plaintiffs' Motion to Exclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis and Memorandum of Law in Support of Plaintiffs' Motion to Exclude the Testimony, Including Affidavits, Declarations and Reports of Defendant's Rebuttal Expert Witness Stephen M. Nowlis served on Dale M. Cendali, Esq., of Kirkland & Ellis LLP; Kirkland & Ellis LLP's DropBox at https://dropbox.kirkland.com; Perry J. Viscounty, Esq., of Latham & Watkins LLP on December 21, 2012. Service was made by via Federal Express and Electronic DropBox of Kirkland & Ellis LLP. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 11, 2013 Filing 79 MEMORANDUM OF LAW in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 11, 2013 Filing 78 DECLARATION of Claudia T. Bogdanos in Support re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)
January 11, 2013 Filing 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC.(Chattoraj, Partha)
January 11, 2013 Filing 76 CERTIFICATE OF SERVICE of Notice of Motion to Exclude the Testimony of Defendant's Expert Witness E. Deborah Jay, Declaration of Claudia T. Bogdanos in Support of Plaintiffs' Motion to Exclude the Testimony of Defendant's Expert Witness E. Deborah Jay and Memorandum of Law in Support of Plaintiffs' Motion to Exclude the Testimony, Including Affidavits, Declarations and Reports of Defendant's Expert Witness E. Deborah Jay served on Dale M. Cendali, Esq., of Kirkland & Ellis LLP; Kirkland & Ellis LLP's DropBox at https://dropbox.kirkland.com; Perry J. Viscounty, Esq., of Latham & Watkins LLP on December 21, 2012. Service was made by via Federal Express and Electronic DropBox of Kirkland & Ellis LLP. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 11, 2013 Filing 75 MEMORANDUM OF LAW in Support re: 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 11, 2013 Filing 74 DECLARATION of Claudia T. Bogdanos in Support re: 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)
January 11, 2013 Filing 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC.(Chattoraj, Partha)
January 11, 2013 Filing 72 CERTIFICATE OF SERVICE of Plaintiffs' Notice of Motion to Exclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter, Declaration of Claudia T. Bogdanos in Support of Plaintiffs' Motion to Exclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter and Memorandum of Law in Support of Plaintiffs' Motion to Exclude the Testimony, Including Affidavits, Declarations, and Reports of Defendant's Expert Witness Gregory S. Carpenter served on Dale M. Cendali, Esq., of Kirkland & Ellis LLP; Kirkland & Ellis LLP's DropBox at https://dropbox.kirkland.com; Perry J. Viscounty, Esq., of Latham & Watkins LLP on December 21, 2012. Service was accepted by Dale M. Cendali, Esq. of Kirkland & Ellis LLP; Perry J. Viscounty, Esq., of Lathma & Watkins LLP and Kirkland & Ellis LLP's DropBox https://dropbox.kirkland.com. Service was made by via Federal Express and Electronic DropBox of Kirkland & Ellis LLP. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 11, 2013 Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY - CERTIFICATE OF SERVICE of Notice of Motion to Exclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter, Declaration of Claudia T. Bogdanos in Support of Plaintiffs' Motion to Exclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter served on Dale M. Cendali, Esq., of Kirkland & Ellis LLP; Kirkland & Ellis LLP's DropBox at https://dropbox.kirkland.com; Perry J. Viscounty, Esq., of Latham & Watkins LLP on December 21, 2012. Service was made by via Federal Express and Electronic DropBox of Kirkland & Ellis LLP. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha) Modified on 1/11/2013 (db).
January 11, 2013 Filing 70 MEMORANDUM OF LAW in Support re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Chattoraj, Partha)
January 11, 2013 Filing 69 DECLARATION of Claudia T. Bogdanos in Support re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Chattoraj, Partha)
January 11, 2013 Filing 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC.(Chattoraj, Partha)
December 19, 2012 Filing 67 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 12/18/2012 re: Request for a 10-page extension to the 25-page limit for the memoranda of law in support of their summary judgment motions, which are due on Friday, December 21,2012 and the memoranda of law in opposition to their summary judgment motions, which are due on Friday, January 25, 2013. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/19/2012) (cd)
December 18, 2012 Opinion or Order Filing 66 ORDER MODIFYING CAPTION: that the caption in this action shall be modified to replace Defendant's name stated incorrectly as "Apple, Inc." with Defendant's correct name "Apple Inc.," as reflected in the caption of this Order. (Signed by Judge Denise L. Cote on 12/18/2012) (cd)
November 20, 2012 Filing 65 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/12/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 20, 2012 Filing 64 TRANSCRIPT of Proceedings re: conference held on 10/12/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2012. Redacted Transcript Deadline set for 12/26/2012. Release of Transcript Restriction set for 2/22/2013.(McGuirk, Kelly)
October 22, 2012 Filing 63 NOTICE OF APPEARANCE by Claudia T Bogdanos on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Bogdanos, Claudia)
October 22, 2012 Filing 62 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/12/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Moya, Goretti)
October 22, 2012 Filing 61 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/12/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti)
October 12, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/12/2012. (Court Reporter Bill Richards) (gr)
October 10, 2012 Opinion or Order Filing 60 ORDER: In a letter dated October 9, 2012, the defendant reported difficulties it has faced in its attempts to serve a third-party witness, Bob Diforio, with a subpoena duces tecum and a deposition subpoena. It is hereby ORDERED that a telephone conference shall be held at 3:30 p.m. on October 12, 2012. ( Telephone Conference set for 10/12/2012 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 10/10/2012) (ago)
October 1, 2012 Filing 59 ENDORSED LETTER addressed to Judge Denise Cote from Dale M. Cendali, Esq. dated 9/28/2012 re: Pursuant to Rule 1.E of Your Honor's Individual Practices in Civil Cases, we write on behalf of Defendant Apple Inc. regarding Plaintiff's Expert Report of Philip Green Prepared Pursuant to Federal Rule 26(a)2(B). Apple's rebuttal to the Green Opinion is currently due on October 26, 2012. For the reasons explained below, Apple respectfully requests that the time for it to rebut the Green Opinion be adjourned until after the Court rules on the parties' motion for summary judgment, which will be fully briefed no later than February 5, 2012. The reason for this request is that the Green Opinion implicates Your Honor's prior discovery rulings. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/1/2012) (mt)
September 20, 2012 Filing 58 MEMO ENDORSEMENT on re: 56 Motion for Jennifer L. Barry to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/20/2012) (jfe)
September 19, 2012 Filing 57 MEMO ENDORSEMENT granting 55 Motion for Admission Pro Hac Vice for Perry J. Viscounty to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/19/2012) (ja)
September 19, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 56 MOTION for Jennifer L. Barry to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7831780. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
September 19, 2012 Filing 56 MOTION for Jennifer L. Barry to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7831780. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Text of Proposed Order)(Barry, Jennifer)
September 18, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 55 MOTION for Perry J. Viscounty to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7826798. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
September 18, 2012 Filing 55 MOTION for Perry J. Viscounty to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7826798. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit - Certificate of Good Standing, # 2 Text of Proposed Order)(Viscounty, Perry)
September 7, 2012 Filing 54 ENDORSED LETTER addressed to Judge Denise L. Cote from Dale M. Cendali dated 9/5/2012 re: Counsel writes in response to Plaintiffs' August 30, 2012 letter to Your Honor requesting an extension of the expert disclosure deadlines. Counsel requests that the Court deny plaintiff's request. ENDORSEMENT: Plaintiff's are reminded that letters to the Court may not exceed two pages. The plaintiffs' request to extend the deadline for service of the expert disclosures is denied. (Signed by Judge Denise L. Cote on 9/7/2012) (jfe)
September 6, 2012 Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Settlement Conference held on 9/6/2012. Settlement conference held. No settlement. (jfe)
August 7, 2012 Filing 53 ENDORSED LETTER: addressed to Judge Denise L. Cote from Partha P. Chattoraj dated 8/6/2012 ENDORSEMENT: In the event plaintiffs believe that this request for this discovery information remain valid filing a ruling on the December 21 motions, they shall meet and confer with defense counsel and if their is no consent with the Court a letter no longer than 2 pages at that time. No motion to compel should be filed at this time. So Ordered. (Signed by Judge Denise L. Cote on 8/7/2012) (js)
August 7, 2012 Filing 52 Letter addressed to Judge Denise L. Cote from Dale M. Cendali dated 8/7/2012 re: Counsel for Apple write if plaintiffs truly want to save this Court's time and Apple's money, they would not propose to file a motion to compel the same discovery that has already been denied five times. In any event, if Plaintiffs insist on filing a third motion to compel production of these same materials, Apple respectfully requests that it be afforded an opportunity to respond to such motion. In light of the long standing vacation plans of Apple's counsel and the Labor Day holiday, Apple also requests that any opposition papers be due on Friday, September 7, 2012. Document filed by Apple, Inc.(js)
August 3, 2012 Filing 51 Letter addressed to Judge Denise Cote, from Dale M. Cendali, dated 7/31/2012, re: response to the Plaintiffs' July 27, 2012 letter. Plaintiffs have raised these discovery requests with the Court in the past. Each time, the Court has denied Plaintiffs the relief they sought. Your Honor should do the same. Document filed by Apple, Inc.(ja)
August 1, 2012 Filing 50 ENDORSED LETTER: addressed to Judge Denise L. Cote from Partha P. Chattoraj dated 7/27/2012 re: Counsel for Plaintiffs write to request an informal conference to address certain disputes concerning Defendant's objections to Plaintiffs' document requests and other discovery. ENDORSEMENT: The request for a conference is denied. the plaintiff's request for this information are denied. So Ordered. (Signed by Judge Denise L. Cote on 8/1/2012) (js)
July 24, 2012 Filing 49 ENDORSED LETTER addressed to Judge Denise L. Cote from Partha P. Chattoraj dated 7/24/2012 re: Pursuant to Section 1 (E) of Your Honor's Individual Practices, I write on behalf of all parties to request an extension of the close of fact discovery in this case, currently scheduled for August 15, 2012, to October 2, 2012. ENDORSEMENT: The parties may extend fact discovery on consent. The remaining dates in the May 1 scheduling order remain in place., ( Fact Discovery due by 10/2/2012.) (Signed by Judge Denise L. Cote on 7/24/2012) (lmb)
July 20, 2012 Opinion or Order Filing 48 ENDORSED LETTER addressed to Magistrate Judge Ronald L. Ellis from Partha P. Chattoraj dated 7/19/2012 re: I write on behalf behalf of all parties to this action to request an adjournment of the settlement conference currently scheduled to take place before Your Honor on July 24,2012, at 11 a.m. ENDORSEMENT: Conference Adjourned to 9/6/2012 at 11:00 a.m. SO ORDERED., ( Settlement Conference set for 9/6/2012 at 11:00 AM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 7/20/2012) (ama)
July 18, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/18/2012. (gr)
July 6, 2012 Opinion or Order Filing 47 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 7/24/2012 at 11:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 7/6/2012) (cd)
June 4, 2012 Opinion or Order Filing 46 ORDER: The Clerk of Court shall remove Mr. Kehoe's appearance in this case. Attorney Brendan Thomas Kehoe terminated. (Signed by Judge Denise L. Cote on 6/4/2012) (ft)
June 1, 2012 Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 4/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 1, 2012 Filing 44 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/25/2012. Redacted Transcript Deadline set for 7/5/2012. Release of Transcript Restriction set for 9/4/2012.(McGuirk, Kelly)
May 25, 2012 Filing 43 ANSWER to 42 Amended Complaint,. Document filed by Apple, Inc..(Cendali, Dale)
May 15, 2012 Filing 41 STIPULATION TO FILING OF AMENDED AND SUPPLEMENTAL COMPLAINT: defendant hereby consents to the filing of an Amended and Supplemental Complaint by plaintiffs in this action. (Signed by Judge Denise L. Cote on 5/14/2012) (cd)
May 11, 2012 Filing 42 AMENDED AND SUPPLEMENTAL COMPLAINT amending 1 Complaint against Apple, Inc. with JURY DEMAND.Document filed by Publishers LLC, J.T. Colby & Company, Inc., Ipicturebooks LLC, J.Boyston & Company. Related document: 1 Complaint, filed by J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC, Ipicturebooks LLC. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G-M, # 5 Exhibit N-Q, # 6 Exhibit R-T, # 7 Exhibit U-X, # 8 Exhibit Y-Z)(lmb)
May 8, 2012 Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/27/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 8, 2012 Filing 39 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(McGuirk, Kelly)
May 3, 2012 Filing 38 NOTICE OF APPEARANCE by David Alexander Shaiman on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Shaiman, David)
May 2, 2012 Opinion or Order Filing 37 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Denise L. Cote on 4/30/2012) (lmb)
May 2, 2012 Opinion or Order Filing 36 ORDER granting 27 Motion to Withdraw as Attorney. It is hereby ORDERED that Manatt's March 30 motion to withdraw is granted. Attorney Nirav Sanjay Shah; Amy Terry Sheehan; Thomas C. Morrison and Kimo S. Peluso terminated. (Signed by Judge Denise L. Cote on 4/30/2012) (lmb)
May 2, 2012 Opinion or Order Filing 35 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 5/11/2012. Joinder of Parties due by 5/11/2012. Fact Discovery due by 8/15/2012. Expert Discovery due by 11/23/2012. (Signed by Judge Denise L. Cote on 5/1/2012) (lmb)
April 30, 2012 Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 4/30/2012. (Court Reporter Andrew Walker) (gr)
April 27, 2012 Filing 34 NOTICE OF APPEARANCE by Partha Pratim Chattoraj on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Chattoraj, Partha)
April 27, 2012 Filing 33 NOTICE OF APPEARANCE by Robert Lloyd Raskopf on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Raskopf, Robert)
April 25, 2012 Filing 32 NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Katherine B. Forrest is no longer assigned to the case. (pgu)
April 13, 2012 Filing 31 REPLY AFFIRMATION of Thomas C. Morrison in Support re: 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Certificate of Service)(Morrison, Thomas)
April 4, 2012 Filing 30 DECLARATION of Bonnie L. Jarrett in Opposition re: 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney.. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Cendali, Dale)
April 4, 2012 Filing 29 MEMORANDUM OF LAW in Opposition re: 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney.. Document filed by Apple, Inc.. (Cendali, Dale)
April 2, 2012 Filing 28 DECLARATION of Thomas C. Morrison in Support re: 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Certificate of Service)(Morrison, Thomas)
April 2, 2012 Filing 27 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Certificate of Service)(Morrison, Thomas)
March 30, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Thomas C. Morrison to RE-FILE Document 26 MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
March 30, 2012 Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas C. Morrison, Kimo S. Peluso, Nirav S. Shah and Amy T. Sheehan to Withdraw as Attorney. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Certificate of Service)(Morrison, Thomas) Modified on 4/2/2012 (ldi).
March 9, 2012 Opinion or Order Filing 25 PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS...regarding procedures to be followed that shall govern the handling of confidential material... Counsel for Plaintiff may make specific applications for Mr. Colby to have access to particular materials that he is otherwise unable to see. The Court will then review the materials, compare them to the proffered reason for review, and rule. (Signed by Judge Katherine B. Forrest on 3/9/2012) (ft)
March 1, 2012 Filing 24 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 2/27/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 1, 2012 Filing 23 TRANSCRIPT of Proceedings re: Argument held on 2/27/2012 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2012. Redacted Transcript Deadline set for 4/5/2012. Release of Transcript Restriction set for 6/4/2012.(McGuirk, Kelly)
February 27, 2012 Opinion or Order Filing 22 ORDER: As stated at the conference held today, 1. The parties are directed to exchange documents, the contents of which were described by the Court at today's conference, not later than March 7, 2012. 2. The parties shall submit a jointly proposed protective order to this Court or, if one cannot be agreed to, separately proposed drafts of a proposed protective order, not later than March 7, 2012. 3. Plaintiff is to provide the hard drive that was discussed at today's conference to a vendor for processing not later than March 23, 2012, so that documents resident on the hard drive may be produced in this matter.4. A status conference will be held on April 27, 2012, at 3:00 p.m. 5. A trial will begin on October 22, 2012. This Court also provided guidance today to the parties regarding previously outstanding discovery disputes and refers the parties to the transcript of today's conference for such guidance. ( Status Conference set for 4/27/2012 at 03:00 PM before Judge Katherine B. Forrest.)(Signed by Judge Katherine B. Forrest on 2/27/2012) (djc)
February 27, 2012 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 2/27/2012. Trial in this action is set for 10/22/2012 at 09:00 AM before Judge Katherine B. Forrest. The next Status Conference is set for 4/27/2012 at 02:30 PM. (jp)
February 10, 2012 Filing 21 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Dale Cendali dated 2/8/2012 re: Counsel for the Defendant writes to request an adjournment of the status conference currently scheduled for 2/22/2012. ENDORSEMENT: Adjourned to 2/27/2012 at 1:00 PM. (Status Conference set for 2/27/2012 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/10/2012) (ab)
February 8, 2012 Filing 20 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Thomas C. Morrison dated 2/7/12 re: Counsel for the plaintiffs writes to request an adjournment of the status conference currently scheduled for 2/9/12 to 3/2/12. ENDORSEMENT: Adjournment granted to February 22, 2012 at 1pm only. So ordered. ( Status Conference set for 2/22/2012 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/8/2012) (mro)
January 31, 2012 Opinion or Order Filing 19 ORDER: The Status Conference in this action, scheduled for February 10, 2012 at 4:30 p.m. is hereby rescheduled to February 9, 2012 at 2:00 p.m. ( Status Conference set for 2/9/2012 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/31/2012) (mro)
January 9, 2012 Opinion or Order Filing 18 ORDER: it is hereby ORDERED that the parties confer in good faith to resolve the disputes. If the meet-and confer process does not resolve the disputes, the Court will address them at the February 10, 2012, status conference. So Ordered (Signed by Judge Katherine B. Forrest on 1/9/2012) (js)
December 15, 2011 Opinion or Order Filing 17 ORDER: that the parties appear on 2/10/2012, at 4:30 p.m. in Courtroom 15A, United States District Court, 500 Pearl Street, New York, NY 10007, for a status conference. It is FURTHER ORDERED that the scheduling order dated 8/19/2011, is hereby vacated; the parties shall confer on a revised scheduling order that has all discovery completed no later than 6/15/2012, and any dispositive motions fully submitted no later than 7/27/2012. A trial date will be set for this matter at the conference on 2/10/2012, for a date in the early fall of 2012. Requests for adjournment may be made only in a writing received no later than two business days before the conference. The written submission must (a) specify the reasons for the adjournment, (b) state whether the other parties have consented, and (c) indicate times and dates on the two succeeding Fridays when all counsel are available. Unless counsel are notified by this Court that the conference has been adjourned, it will be held as scheduled. (Signed by Judge Katherine B. Forrest on 12/15/2011) (ft)
November 17, 2011 Filing 16 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Deborah A. Batts is no longer assigned to the case. (pgu)
November 8, 2011 Filing 15 NOTICE OF APPEARANCE by Nirav Sanjay Shah on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Shah, Nirav)
November 7, 2011 ***DELETED DOCUMENT. Deleted document number 13 NOTICE OF APPEARANCE. The document was incorrectly filed in this case. (ae)
November 7, 2011 Filing 14 NOTICE OF APPEARANCE by Amy Terry Sheehan on behalf of Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC (Sheehan, Amy)
August 19, 2011 Opinion or Order Filing 12 SCHEDULING ORDER: Dispositive motions due by 9/28/2012. All discovery, including expert discovery, due by 8/31/2012. Proposed Requests to Charge and Proposed Voir Dire shall be submitted by 10/15/2012. A Joint Pre-Trial Statement shall be submitted by 10/15/2012. Memoranda of Law addressing those issues raised in the JPTS shall be submitted by 10/15/2012. Responses to the Memoranda shall be submitted by 10/31/2012. There shall be no replies. Estimated trial time is 2 weeks. This is a jury trial. (Signed by Judge Deborah A. Batts on 8/19/2011) (lmb)
August 16, 2011 Filing 11 NOTICE OF APPEARANCE by Brendan Thomas Kehoe on behalf of Apple, Inc. (Kehoe, Brendan)
August 11, 2011 Filing 10 AMENDED ANSWER to. Document filed by Apple, Inc.. (Cendali, Dale)
August 3, 2011 Filing 9 NOTICE OF APPEARANCE by Claudia Elizabeth Ray on behalf of Apple, Inc. (Ray, Claudia)
August 2, 2011 Filing 8 NOTICE OF APPEARANCE by Bonnie Leigh Jarrett on behalf of Apple, Inc. (Jarrett, Bonnie)
July 28, 2011 Filing 7 ANSWER to 1 Complaint,. Document filed by Apple, Inc..(Cendali, Dale)
July 28, 2011 Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple, Inc..(Cendali, Dale)
June 29, 2011 Opinion or Order Filing 5 STIPULATION AND ORDER, Apple, Inc. answer due 7/28/2011.( Motions due by 7/28/2011.) (Signed by Judge Deborah A. Batts on 6/29/11) (djc)
June 23, 2011 Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was accepted by Margaret Wilson (CT Corporation). Document filed by Publishers LLC, J.T. Colby & Company, Inc., Ipicturebooks LLC, J.Boyston & Company. (Morrison, Thomas)
June 21, 2011 Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was accepted by Glenn A. Gundersen, Esq.. Service was made by federal express, pursuant to agreement of the parties.. Document filed by Publishers LLC, J.T. Colby & Company, Inc., Ipicturebooks LLC, J.Boyston & Company. (Morrison, Thomas)
June 15, 2011 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying John T. Colby as Corporate Parent. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC.(rdz)
June 15, 2011 Filing 1 COMPLAINT against Apple, Inc.. (Filing Fee $ 350.00, Receipt Number 465401009307)Document filed by Publishers LLC, J.T. Colby & Company, Inc., Ipicturebooks LLC, J.Boyston & Company. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(rdz)

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Plaintiff: J.T. Colby & Company, Inc.
Represented By: Thomas C. Morrison
Represented By: Kimo S. Peluso
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Plaintiff: J.Boyston & Company
Represented By: Thomas C. Morrison
Represented By: Kimo S. Peluso
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Plaintiff: Publishers LLC
Represented By: Thomas C. Morrison
Represented By: Kimo S. Peluso
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Plaintiff: Ipicturebooks LLC
Represented By: Thomas C. Morrison
Represented By: Kimo S. Peluso
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Defendant: Apple, Inc.
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