In Re: Electronic Books Antitrust Litigation
| Shilpa Grover, Fredric A. Press, Anthony Petru, Jeffrey Evans, Clarissa Weiss, Rhonda Burstein, Juan Sotomayor, Robert Cheatham, John T. Meyer, Paul Meyer, Paul J. Meyer, Liana Lingofelt, Marcia Greene, Aubrie Ann Jones, David Yastrab, Cyrus Joubin, Brian Brown, Harrison Goldman, Kevin Rader-Rhodenbaugh, Brian McGee, Carol Ness, Katrina Key, Patsy Diamond, Marcus Mathis, Eugenia Ruane-Gonzales, Steven Rivers, Christian Gilstrap, Cynthia J. Tyler, Thomas Friedman, Jeremy Sheppeck, Aloysius J. Brown, Iii, Anne M. Rinaldi, Laura J. Warner, Barbara Heath, Kathleen Linda Pitlock, Kathleen Weiss, Matthew A. Hosking, Diane Urbanec, Ed Macauley, Ronna Hamelin, James L. Nesmith, Lauren Albert, Sue Roberts, Shane S. Davis, Sue Ellen Gordon, Charles Leonard Pelton, Sr., Kimberly Whiteside Brooks, Steven D. Campbell, Jessica Moyer, Andreas Albeck, Rebecca L. Rossman, Miriam Cummings, Carole C. Kehl, Kamal Sonti, Gretchen Ulbee, Chad Miller, Grace Hoke and Susan Horowitz |
| MacMillian, Inc, Harpercollins Publishers, Penguin Group USA, Inc., Random House Inc., Apple Inc., Hachette Book Group, Simon & Schuster, Amazon.Com, Inc., Barnes & Noble Inc., Harpercollins publishers, inc.; and Macmillan Publishers, Inc.. |
| Katrina Key |
| 1:2011md02293 |
| December 9, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Denise L. Cote |
| Antitrust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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| Filing 691 MEMO ENDORSEMENT granting 690 Matthew S. Axelrod's Motion to Withdraw as Attorney. (Signed by Judge Denise L. Cote on 2/5/2015) (gr) |
| Filing 690 MOTION for Matthew S. Axelrod to Withdraw as Attorney . Document filed by Class Plaintiffs, Shane S. Davis, Thomas Friedman, Anthony Petru, Anthony Petru, et al..(Axelrod, Matthew) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 689 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 689 Notice of Appeal filed by John Bradley were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 689 NOTICE OF APPEAL from 685 Order, 684 Order. Document filed by John Bradley. Filing fee $ 505.00, receipt number 0208-10430649. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Miller, Steve) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (85 in 1:11-cv-05896-DLC, 75 in 1:11-cv-08608-DLC, 75 in 1:11-cv-09561-DLC, 57 in 1:12-cv-00476-DLC, 78 in 1:11-cv-09565-DLC, 112 in 1:11-cv-05707-DLC, 79 in 1:11-cv-09563-DLC, 112 in 1:11-cv-05621-DLC, 66 in 1:11-cv-09567-DLC, 79 in 1:11-cv-09559-DLC, 85 in 1:11-cv-09566-DLC, 95 in 1:11-cv-05750-DLC, 87 in 1:11-cv-07507-DLC, 71 in 1:11-cv-08329-DLC, 84 in 1:11-cv-05976-DLC, 688 in 1:11-md-02293-DLC, 77 in 1:11-cv-07323-DLC, 114 in 1:11-cv-05576-DLC, 565 in 1:12-cv-03394-DLC-MHD, 96 in 1:11-cv-05609-DLC, 85 in 1:11-cv-09564-DLC, 71 in 1:11-cv-09562-DLC, 101 in 1:12-cv-06625-DLC, 479 in 1:12-cv-02826-DLC-MHD, 75 in 1:11-cv-09560-DLC, 90 in 1:11-cv-09014-DLC, 29 in 1:11-cv-09350-DLC, 127 in 1:11-cv-09016-DLC, 89 in 1:11-cv-06019-DLC, 82 in 1:11-cv-06079-DLC, 30 in 1:11-cv-09204-DLC, 78 in 1:11-cv-07534-DLC, 84 in 1:11-cv-05898-DLC) Notice of Appeal. Filed In Associated Cases: 1:11-md-02293-DLC et al. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (101 in 1:12-cv-06625-DLC) Notice of Appeal, filed by Dianne Young Erwin were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:11-md-02293-DLC et al. (tp) |
| Filing 688 NOTICE OF APPEAL from (685 in 1:11-md-02293-DLC) Order, (684 in 1:11-md-02293-DLC) Order. Document filed by Dianne Young Erwin. Filing fee $ 505.00, receipt number 0208-10421257. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A - Attorney Fee Award, # 2 Exhibit B - Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) |
| Filing 687 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/21/2014 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) |
| Filing 686 TRANSCRIPT of Proceedings re: conference held on 11/21/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Jennifer Thun, (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 1/2/2015. Redacted Transcript Deadline set for 1/12/2015. Release of Transcript Restriction set for 3/12/2015.(McGuirk, Kelly) |
Filing 685
ORDER GRANTING CLASS COUNSEL'S MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES RELATED TO APPLE SETTLEMENT. (Signed by Judge Denise L. Cote on 11/21/2014) (gr)
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| Filing 684 FINAL JUDGMENT.... (Signed by Judge Denise L. Cote on 11/21/2014) (gr) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Fairness Hearing held on 11/21/2014. (Court Reporter Jennifer Thun) (gr) |
| Filing 683 LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated November 19, 2014 re: Corrected Proposed Final Judgment. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Corrected Proposed Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Steve W. Berman to E-MAIL Document No. 682 Order to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 682 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - REPLY to Response to Motion re: 665 MOTION for Attorney Fees Related to Apple Settlement. [Proposed] Order Granting Class Counsel's Motion for Award of Attorneys' Fees and Reimbursement of Expenses Related to Apple Settlement. Document filed by Class Plaintiffs. (Berman, Steve) Modified on 11/17/2014 (db). |
| Filing 681 DECLARATION of Shane Davis in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 680 DECLARATION of Thomas Friedman in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 679 DECLARATION of Anthony Petru in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 678 DECLARATION of Steve W. Berman in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 677 RESPONSE in Support of Motion re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement . Class Plaintiffs' Response to Objections to Proposed Apple Settlement. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 676 MEMORANDUM OF LAW in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement . Request for Final Approval. Document filed by The State of Texas. (Attachments: # 1 Exhibit Settlement Agreement w Apple, # 2 Exhibit Kinsella Declaration, # 3 Exhibit Rust Declaration, # 4 Exhibit Amazon Declaration, # 5 Exhibit Barnes and Noble Declaration, # 6 Exhibit Apple Declaration, # 7 Exhibit Kobo Declaration, # 8 Exhibit Sony Declaration, # 9 Exhibit Google Declaration, # 10 Exhibit Distribution Plan, # 11 Exhibit Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
| Filing 675 MOTION for Settlement . Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
| Filing 674 LETTER from Ritchie Lipson dated 10/31/2014 re: Objection to the Apple Settlement in State of Texas, et al., v. Penguin Group (USA) Inc., et al. Cas No. 12-cv-3394 and In re: Electronic Books Antitrust Litigation, Case No. 11-MD 2293. (gr) |
| Filing 673 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 10/31/2014 re: Erwin Objection to Proposed Settlement and request leave to proceed with a deposition. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/3/2014) (gr) |
| Filing 672 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 10/31/2014 re: Erwin Objection to Proposed Settlement. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit Attachment A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 671 MEMORANDUM OF LAW in Opposition re: 665 MOTION for Attorney Fees Related to Apple Settlement. and Class Action Settlement. Document filed by John Bradley. (Attachments: # 1 Exhibit Signature of John Bradley)(Miller, Steve) |
| Filing 670 NOTICE of Objection to Class Settlement. Document filed by Dianne Young Erwin. (Attachments: # 1 Exhibit, # 2 Exhibit)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) |
| Filing 669 NOTICE OF APPEARANCE by David Stein on behalf of Dianne Young Erwin. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) |
| Filing 668 DECLARATION of Kit A. Pierson in Support re: 665 MOTION for Attorney Fees Related to Apple Settlement.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)(Berman, Steve) |
| Filing 667 DECLARATION of Steve W. Berman in Support re: 665 MOTION for Attorney Fees Related to Apple Settlement.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berman, Steve) |
| Filing 666 MEMORANDUM OF LAW in Support re: 665 MOTION for Attorney Fees Related to Apple Settlement. . Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 665 MOTION for Attorney Fees Related to Apple Settlement. Document filed by Class Plaintiffs.(Berman, Steve) |
| Filing 664 MANDATE of USCA (Certified Copy) as to (384 in 1:12-cv-03394-DLC-MHD, 498 in 1:11-md-02293-DLC) Notice of Appeal, filed by Bob Kohn USCA Case Number 13-4828. Plaintiffs-Appellees move to dismiss, for lack of standing, Objector-Appellants appeal from the district courts order denying his motion to intervene under Rule 24 of the Federal Rules of Civil Procedure and the settlement agreements entered on December 9, 2013. Upon due consideration,it is hereby ORDERED that the motion, construed as also requesting summary affirmance of the district courts order denying intervention, is GRANTED. Even assuming arguendo that Objector-Appellant has standing to appeal the denial of his motion to intervene, the district court did not abuse its discretion in denying intervention as Objector-Appellant did not satisfy the requirements ofFederal Rule of Civil Procedure 24. See H.L. Hayden Co. v. Siemens Med. Sys., Inc., 797 F.2d 85, 89 (2d Cir. 1986) (describing the intervention standards). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/3/2014. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(tp) |
| Transmission of USCA Mandate/Order to the District Judge re: (548 in 1:12-cv-03394-DLC-MHD, 664 in 1:11-md-02293-DLC) USCA Mandate. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD.(tp) |
| Filing 663 LETTER addressed to Clerk of Court from Caitlin Creevy Wootton dated 9/12/2014 re: Objection to the Apple Settlement in State of Texas, et al. v. Penguin Group (USA) Inc., et al. Case No. 12-cv-3394 and In re: Electronic Books Antitrust Litigation, Case No. 11-MD 2293.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(gr) |
| Filing 662 LETTER addressed to Clerk of Court from Dan Kelly dated 9/10/2014 re: Objection to the Apple Settlement in State of Texas, et al. v. Penguin Group (USA) Inc., et al. Case No. 12-cv-3394 and In re: Electronic Books Antitrust Litigation, Case No. 11-MD 2293. (gr) |
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Filing 661
ORDER granting attorney Hane L. Kim of Gibson Dunn & Crutcher, LLP to withdraw her appearance in this matter on behalf of Defendant Apple, Inc.... (Signed by Judge Denise L. Cote on 9/23/2014) (gr)
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| Filing 660 NOTICE of Withdrawal re: 139 Notice of Appearance. Document filed by Apple Inc.. (Kim, Hane) |
| Filing 659 MEMO ENDORSEMENT granting (658) Motion to Substitute Attorney. Attorney Gregory John Walklin terminated in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 9/18/2014) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD (gr) |
| Filing 658 MOTION to Substitute Attorney. Old Attorney: Gregory J. Walklin, New Attorney: Abigail M. Stempson . Document filed by The State of Nebraska.(Walklin, Gregory) |
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Filing 657
ORDER: Plaintiffs request, as set forth in their letter of September 12, 2014, is hereby granted. (Signed by Judge Denise Cote on 9/12/14) (jl)
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| Filing 656 LETTER addressed to Judge Denise L. Cote from Gary M. Becker dated September 12, 2014 re: Settlement Notice. Document filed by The State of Connecticut.(Becker, Gary) |
| Filing 655 MEMO ENDORSEMENT in case 1:11-cv-05576-DLC; granting (654) Motion to Withdraw as Attorney. Attorney Geralyn Jeanette Trujillo terminated in case 1:11-md-02293-DLC; granting (541) Motion to Withdraw as Attorney. Attorney Geralyn Jeanette Trujillo terminated in case 1:12-cv-03394-DLC-MHD. (Signed by Judge Denise L. Cote on 8/14/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al. (gr) |
| Filing 654 MOTION for Geralyn Jeanette Trujillo to Withdraw as Attorney . Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Trujillo, Geralyn) |
| Filing 653 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/24/14 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...(Rodriguez, Somari) |
| Filing 652 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/24/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Steven Griffing, (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 8/25/2014. Redacted Transcript Deadline set for 9/5/2014. Release of Transcript Restriction set for 11/3/2014.(Rodriguez, Somari) |
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Filing 651
MEMORANDUM OPINION AND ORDER #104572...For the reasons that follow, preliminary approval of the settlement is granted and the notice plan, as revised on July 30, is approved....IT IS FURTHER ORDERED that the Court will hold a final fairness hearing on November 21, 2014 at 2 p.m. in Courtroom 15B. (Signed by Judge Denise L. Cote on 8/1/2014) (gr) Modified on 8/4/2014 (ca).
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| Set Hearing: Fairness Hearing set for 11/21/2014 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (gr) |
| Filing 650 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 07/30/2014 re: Terms of Settlement with Apple Inc.. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 649 LETTER addressed to Judge Denise L. Cote from Gail E. Lees dated 7/30/2014 re: Settlement Agreement. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1)(Lees, Gail) |
| Filing 648 LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated July 30, 2014 re: Settlement Notices. Document filed by The State of Texas. (Attachments: # 1 Exhibit Proposed Amended Direct Notice, # 2 Exhibit Proposed Amended Detailed Notice, # 3 Exhibit Proposed Amended Publication Notice, # 4 Exhibit Redlined Direct Notice, # 5 Exhibit Redline Detailed Notice, # 6 Exhibit Redline Publication Notice)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/24/2014. (Court Reporter Steve Griffing) (gr) |
| Filing 647 JOINT MOTION for Settlement Submission Regarding Notice and Distribution Plans. Document filed by The State of Texas. (Attachments: # 1 Exhibit Proposed Notice Plan, # 2 Exhibit Proposed Distribution Plan)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
| Filing 646 NOTICE OF APPEARANCE by Gail Lees on behalf of Apple Inc.. (Lees, Gail) |
| Filing 645 MEMO ENDORSEMENT granting (644) Motion to Withdraw as Attorney. Attorney Gabriel R. Gervey terminated in case 1:11-md-02293-DLC; granting (533) Motion to Withdraw as Attorney. Attorney Gabriel R. Gervey terminated in case 1:12-cv-03394-DLC-MHD. (Signed by Judge Denise L. Cote on 7/18/2014) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD (gr) |
| Filing 644 MOTION for Gabriel Ross Gervey to Withdraw as Attorney . Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Gervey, Gabriel) |
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Filing 643
ORDER: On July 16, 2014, plaintiffs moved for preliminary approval of a settlement with Apple (Proposed Settlement) in the above-captioned actions. Plaintiffs and Apple request that notice to consumers be deferred until final disposition of Apples appeal of the Courts liability decision. It is herebyORDERED that a telephone conference is scheduled for Thursday, July 24 at 3:00 p.m. Eastern Daylight Time, with counsel for Apple, the States, and the Class. Counsel shall be prepared to discuss their request for delayed notice. (See Order for rest of schedule.) (Signed by Judge Denise L. Cote on 7/17/2014) (gr)
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| Filing 642 MEMORANDUM OF LAW in Support re: (530 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement Motion for Preliminary Approval of Settlement with Apple Inc. . Document filed by The State of Texas. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Declaration for Rust Consulting, # 3 Exhibit Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
| Filing 641 MOTION for Settlement Motion for Preliminary Approval of Settlement with Apple Inc. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) |
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Filing 640
ORDER granting 639 Motion for GAIL E. LEES to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (639 in 1:11-md-02293-DLC, 528 in 1:12-cv-03394-DLC-MHD) MOTION for GAIL E. LEES to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9829041. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(sdi) |
| Filing 639 MOTION for GAIL E. LEES to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9829041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple Inc.. (Attachments: # 1 Declaration of Lawrence J. Zweifach, # 2 Exhibit 1, # 3 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Zweifach, Lawrence) |
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Filing 638
ORDER...1) The Court's Scheduling Order of June 3, 2014, as amended by the Scheduling Order of June 16, 2014, is VACATED and the parties are to suspend dissemination to eligible consumers of notice of litigation. 2) Plaintiffs shall, on or before July 16, 2014, file a motion for preliminary approval of the settlement, attaching a copy of the settlement agreement. 3) Apple's pending motions for reconsideration and to certify interlocutory appeal, and Class Plaintiffs' pending motion for summary judgment shall be held in abeyance and, upon the Court's approval of the parties' settlement in a final order, be deemed withdrawn. (Signed by Judge Denise L. Cote on 6/16/2014) (gr)
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| Filing 637 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 06/16/2014 re: Memorandum of Understanding. Document filed by Class Plaintiffs. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
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Filing 636
SCHEDULING ORDER....the opt-out period for eligible consumers shall end on August 4, 2014. All other dates set out in the June 3 Scheduling Order remain the same. IT IS FURTHER ORDERED that the plaintiffs may delay by four days their dissemination of notice to consumers. (Signed by Judge Denise L. Cote on 6/16/2014) (gr)
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Filing 634
OPINION & ORDER 104411....Apple is liable for the state civil penalties identified in the States' twenty-six civil penalties claims. Any civil penalties will be assessed, after the damages trial, in addition to any treble damages imposed under the Clayton Act. (An Appendix follows page 29 of the Opinion & Order). (Signed by Judge Denise L. Cote on 6/5/2014) (gr) Modified on 6/11/2014 (nt).
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Filing 633
SCHEDULING ORDER:....ORDERED that plaintiffs shall disseminate notice of litigation to consumers as expeditiously as possible. IT IS FURTHER ORDERED that the parties shall exchange witness lists, exhibit lists, deposition designations, and stipulations on June 24, 2014. The parties shall consult with each other about whether the parties should exchange two sets of these documents, one that assumes class plaintiffs motion for summary judgment is denied and a second that assumes it is granted except as to the amount of damages. IT IS FURTHER ORDERED that the opt-out period for eligible consumers shall end on July 31. IT IS FURTHER ORDERED that the Joint Pretrial Order shall be filed by August 1. IT IS FURTHER ORDERED that the final pretrial conference shall be held on August 20, 2014 at 10 a.m. in Courtroom 15B. IT IS FURTHER ORDERED that the trial will begin at 9:30 a.m. on August 25, 2014. (See Scheduling Order for Judge Cote's procedures). (Signed by Judge Denise L. Cote on 6/3/2014) (gr)
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| Filing 632 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated June 2, 2014 re: Modifications to Scheduling Order. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Swanson, Daniel) |
| Filing 631 LETTER addressed to Judge Denise L. Cote from Eric Lipman dated June 2, 2014 re: Scheduling Proposal. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) |
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Filing 630
ORDER: On May 29, the Court of Appeals for the Second Circuit denied defendant Apple Inc.s motion to stay proceedings in the above-captioned actions and lifted the temporary stay entered on April 25. Accordingly, it is herebyORDERED that the parties shall meet and confer regarding the schedule going forward and, by June 2, confirm that the current schedule should remain in place or propose any revised schedule to the Court. Any proposed schedule should include each of the deadlines set in the April 14 Scheduling Order. If the parties cannot reach agreement, they shall raise any disputes with the Court by June 2. (Signed by Judge Denise L. Cote on 5/29/2014) (gr)
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| Filing 629 MANDATE of USCA (Certified Copy) USCA Case Number 14-1092. Petitioner moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order granting Respondents' motion for class certification. Petitioner also moves for leave to file a reply to Respondents opposition, for an emergency stay of district court proceedings pending resolution of this Rule 23(f) petition, and for the present proceeding to "relate to" the appeal docketed under 13-3741. Upon due consideration, it is hereby ORDERED that Petitioner's motion to file a reply is GRANTED, and the reply is hereby considered in conjunction with the other pleadings filing in this matter. It is further ORDERED that the petition is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262F.3d 134, 139-40 (2d Cir. 2001). To the extent that Petitioner seeks a stay of district court proceedings pending resolution of this Rule 23(f) petition, its motion is DENIED as moot. Petitioner's remaining motion is also DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/29/2014. (nd) |
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Filing 628
ORDER granting 625 Motion for Matthew S. Axelrod to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 627 REPLY MEMORANDUM OF LAW in Support re: (606 in 1:11-md-02293-DLC, 488 in 1:12-cv-03394-DLC-MHD) MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. . Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 626 MEMORANDUM OF LAW in Opposition re: (507 in 1:12-cv-03394-DLC-MHD) MOTION DEFENDANT APPLE INC.'S NOTICE OF MOTION TO CERTIFY INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) re: (500) Memorandum & Opinion,. . Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Stavast-Piper, Kayna) |
| Filing 625 MOTION for Matthew S. Axelrod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9619103. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Class Plaintiffs, Shane S. Davis, Thomas Friedman, Anthony Petru, Anthony Petru, et al.. (Attachments: # 1 Affidavit Declaration of Jeffrey Dubner, # 2 Exhibit Exhibit 1, # 3 Text of Proposed Order Proposed Order Granting Application of Matthew S. Axelrod for Admission Pro Hac Vice, # 4 Supplement Certificate of Service)(Dubner, Jeffrey) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 625 MOTION for Matthew S. Axelrod to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9619103. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 624 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 04/28/2014 re: Status. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
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Filing 623
ORDER of USCA (Certified Copy) as to (384 in 1:12-cv-03394-DLC-MHD, 498 in 1:11-md-02293-DLC) Notice of Appeal, filed by Bob Kohn USCA Case Number 13-03741(L). Apple Inc. has filed an emergency motion seeking a stay of class notification and a stay of the damages trial that is scheduled to commence in July 2014, pending appeal. Apple also requests an administrative stay of the class notification (scheduled to commence on April 28, 2014) while the Court determines the request for a stay pending appeal. IT IS ORDERED that the request for a stay of class notification and for a stay of the damages trial, pending appeal, is hereby REFERRED to a three-judge panel. IT IS FURTHER ORDERED that the request for an administrative stay of the class notification (scheduled to commence on April 28, 2014) is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/25/2014. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(nd)
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| Filing 622 JOINT MEMORANDUM OF LAW in Opposition re: (488 in 1:12-cv-03394-DLC-MHD) MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
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Filing 621
OPINION & ORDER #104253. For the reasons stated in the Opinion & Order, Apples April 4 motion for stay pending appeal, and its request for an administrative stay pending decision on that motion, were denied by Order of April 23. (Signed by Judge Denise L. Cote on 4/24/2014) (gr) Modified on 4/29/2014 (ca).
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Filing 620
OPINION & ORDER #104255. For the reasons set forth in the Opinion & Order, Apple's February 21, 2014 motion for suggestion of remand to the JPML is denied. (Signed by Judge Denise L. Cote on 4/24/2014) (gr) Modified on 4/29/2014 (ca).
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Filing 619
ORDER...Any opposition to Apple's motion to certify an interlocutory appeal of this Court's Order of April 15, 2014 shall be due 5/2/2014. Any reply is due 5/6/2014. (Signed by Judge Denise L. Cote on 4/23/2014) (gr)
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Filing 618
ORDER...For reasons set out in an Opinion to follow, the Court denies Apple's motion for stay pending appeal and denies Apple's request for an administrative stay. (Signed by Judge Denise L. Cote on 4/23/2014) (gr)
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| Filing 617 LETTER addressed to Judge Denise L. Cote from Eric Lipman dated April 23, 2014 re: Administrative Stay. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) |
| Filing 616 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 04/22/2014 re: Administrative Stay. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 615 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated April 22, 2014 re: administrative stay. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 614 REPLY MEMORANDUM OF LAW in Support re: (602 in 1:11-md-02293-DLC, 484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
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Filing 613
OPINION & ORDER. Apple's November 15, 2013 motion to dismiss the States' Action for lack of standing, or to compel the States to seek class certification, is denied. (Signed by Judge Denise L. Cote on 4/15/2014) (gr)
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Filing 612
SCHEDULING ORDER: ORDERED that the parties shall exchange witness lists, exhibit lists, deposition designations, and stipulations on June 6, 2014. IT IS FURTHER ORDERED that the Joint Pretrial Order shall be filed by June 20. As described in greater detail in this Courts Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order: motions addressing any evidentiary issues or other matters which should be resolved in limine, a pretrial memorandum of law addressing all questions of law expected to arise at trial, requests to charge, and proposed voir dire questions. Any responsive papers are due on June 27. Any replies shall be no longer than five pages and are to be filed by July 1. IT IS FURTHER ORDERED that the final pretrial conference shall be held on July 9, 2014 at 2 p.m. in Courtroom 15B.IT IS HEREBY ORDERED that the trial will begin at 9:30 a.m. on July 14, 2014.(See Order for Judge Cote's jury trial procedures.) (Signed by Judge Denise L. Cote on 4/14/2014) (gr)
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Filing 611
ORDER. Plaintiffs shall serve any opposition to defendant's April 11 motion by April 25, 2014. Defendant shall serve any reply by May 2, 2014... (Signed by Judge Denise L. Cote on 4/14/2014) (gr)
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| Filing 610 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated April 14, 2014 re: Pre-Trial Scheduling. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Swanson, Daniel) |
| Filing 609 RESPONSE in Opposition to Motion re: (484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) |
| Filing 608 RESPONSE in Opposition to Motion re: (484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 607 MEMORANDUM OF LAW in Support re: (606 in 1:11-md-02293-DLC, 488 in 1:12-cv-03394-DLC-MHD) MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 606 MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 605 ENDORSED LETTER addressed to Judge Denise L. Cote from Eric Lipman, Assistant Attorney General Antitrust Section dated 4/11/2014 re: Letter on behalf of the Plaintiff states and Class Plaintiffs to propose a schedule for pretrial filings in advance of the upcoming July 14 damages trial.... ENDORSEMENT: Any submission by Apple on these scheduling issues is due April 14 by noon E.S.T. (Signed by Judge Denise L. Cote on 4/11/2014) (gr) |
| Filing 604 LETTER addressed to Judge Denise L. Cote from Eric Lipman dated April 11, 2014 re: Pretrial Filing Schedule. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) |
| Filing 603 MEMORANDUM OF LAW in Support re: (602 in 1:11-md-02293-DLC, 484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 602 MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 601 NOTICE OF CHANGE OF ADDRESS by Daniel F. McInnis on behalf of Penguin Group (USA), Inc., Penguin Group USA, Inc.. New Address: Thompson Hine LLP, 1919 M Street NW, Washington DC, USA 200036, 202.331.8800. (McInnis, Daniel) |
| Filing 600 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/20/14 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...(Rodriguez, Somari) |
| Filing 599 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/20/2014 before Judge Denise L. Cote. Court Reporter/Transcriber: Khristine Sellin, (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 4/28/2014. Redacted Transcript Deadline set for 5/8/2014. Release of Transcript Restriction set for 7/7/2014.(Rodriguez, Somari) |
| Filing 598 MEMO ENDORSEMENT approving 192 Motion to Withdraw as Attorney. Attorney David Joseph Carey terminated. (Signed by Judge Denise L. Cote on 4/3/2014) (gr) |
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Filing 597
ORDER GRANTING PLAINTIFFS' MOTION FOR APPROVAL OF PLAN FOR CLASS NOTICE. (Signed by Judge Denise L. Cote on 4/2/22014) (gr)
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Filing 596
ORDER that the form of notice is approved as set forth in this Order. (Signed by Judge Denise L. Cote on 04/01/2014) (jl)
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| Filing 595 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated April 1, 2014 re: Class Notice. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Swanson, Daniel) |
| Filing 594 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 04/01/2014 re: Submission of Revised Draft Notice Forms. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
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Filing 593
SCHEDULING ORDER:...[A]ny motion to stay shall be filed by 4/4/2014. Plaintiffs shall serve their opposition, if any, by 4/11/2014. Apple shall serve its reply by 4/15/2014.... (Signed by Judge Denise L. Cote on 3/31/2014) (gr)
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| Filing 592 SEALED DOCUMENT placed in vault.(mps) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/31/2014. (Court Reporter Paula Speer) (gr) |
| Filing 591 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated March 28, 2014 re: Class Notice. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 590 DECLARATION of Katherine Kinsella in Support re: (474 in 1:12-cv-03394-DLC-MHD) MOTION to Approve Plan for Notice.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 589 MEMORANDUM OF LAW in Support re: (474 in 1:12-cv-03394-DLC-MHD) MOTION to Approve Plan for Notice.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 588 MOTION to Approve Plan for Notice. Document filed by Class Plaintiffs. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 587 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 03/28/2014 re: Proposed Notice Forms. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
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Filing 586
OPINION AND ORDER ("Redacted"): Plaintiffs December 18, 2013 motions to exclude Kalts opinions are granted. The States December 18 motion to exclude certain of Orszags opinions is granted, and the class plaintiffs December 18 motion to exclude Orszags opinions is granted in part. (Signed by Judge Denise L. Cote on 3/28/2014) (gr)
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Filing 585
OPINION AND ORDER 104134: Plaintiffs October 11, 2013 motion for class certification is granted; Apples November 15, 2013 motion to exclude Nolls opinions is denied; and plaintiffs January 27, 2014 request to strike portions of Apples sur-reply memorandum of law in opposition to plaintiffs motion for class certification and the sur-reply declarations of Kalt and Orszag is granted in part. (Signed by Judge Denise L. Cote on 3/28/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al.(gr) Modified on 4/1/2014 (nt).
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| Filing 584 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated March 28, 2014 re: Proposed Trial Date and Notice Period. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 583 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 03/28/2014 re: Proposed Trial Dates and Notice Period. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/20/2014. (Court Reporter Khris Sellin) (gr) |
| Filing 582 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 03/19/2014 re: Trial Schedule and Pretrial Filings. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 581 REPLY MEMORANDUM OF LAW in Support re: (549 in 1:11-md-02293-DLC, 449 in 1:12-cv-03394-DLC-MHD) MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 580 SEALED DOCUMENT placed in vault.(nm) |
| Filing 579 SEALED DOCUMENT placed in vault.(nm) |
| Filing 578 DECLARATION of Jeffrey B. Dubner in Support re: (379 in 1:12-cv-03394-DLC-MHD, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt., (489 in 1:11-md-02293-DLC, 378 in 1:12-cv-03394-DLC-MHD) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag.. Document filed by Class Plaintiffs. (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, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 577 REPLY MEMORANDUM OF LAW in Support re: (379 in 1:12-cv-03394-DLC-MHD, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 576 REPLY MEMORANDUM OF LAW in Support re: (378 in 1:12-cv-03394-DLC-MHD) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag. [Redacted]. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 575 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/25/2014 re: Identification by Class Plaintiffs of documents for filing under seal. ENDORSEMENT: The redactions are approved. (Signed by Judge Denise L. Cote on 2/26/2014) (gr) |
| Filing 574 SEALED DOCUMENT placed in vault.(nm) |
| Filing 573 REPLY re: 526 Rule 56.1 Statement Class Plaintiffs Reply in Support of Their Statement of Undisputed Facts. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 572 DECLARATION of Steve W. Berman in Support re: 525 MOTION for Summary Judgment.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 40, # 2 Exhibit 41, # 3 Exhibit 42, # 4 Exhibit 43, # 5 Exhibit 44)(Berman, Steve) |
| Filing 571 REPLY MEMORANDUM OF LAW in Support re: 525 MOTION for Summary Judgment.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 570 DECLARATION of Steve W. Berman in Opposition re: (449 in 1:12-cv-03394-DLC-MHD) MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by Class Plaintiffs. (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)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 569 RESPONSE in Opposition to Motion re: (449 in 1:12-cv-03394-DLC-MHD) MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 568 BRIEF re: (505 in 1:11-md-02293-DLC, 399 in 1:12-cv-03394-DLC-MHD) Brief Reply Brief on Civil Penalties. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) |
| Filing 567 DECLARATION of CYNTHIA E. RICHMAN in Opposition re: 525 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A through J)(Boutrous, Theodore) |
| Filing 566 RESPONSE re: 526 Rule 56.1 Statement / DEFENDANT APPLE INC.'S RESPONSE TO CLASS PLAINTIFFS' STATEMENT OF UNDISPUTED FACTS. Document filed by Apple Inc.. (Boutrous, Theodore) |
| Filing 565 MEMORANDUM OF LAW in Opposition re: 525 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Boutrous, Theodore) |
| Filing 564 SEALED DOCUMENT placed in vault.(nm) |
| Filing 563 ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 2/27/2014 re: After conferring with affected third party, Amazon.com, Inc., Apple Inc. would like to remove two proposed redactions from its 2/21/14 filings. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 2/28/2014) (gr) |
| Filing 562 DECLARATION of Steve W. Berman in Support re: 525 MOTION for Summary Judgment.. Document filed by Class Plaintiffs. (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)(Berman, Steve) |
| Filing 561 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/24/2014 re: Class Plaintiffs respectfully resubmit the Declaration of Steve W. Berman and accompanying exhibits in Support of Class Plaintiffs' Motion for Summary Judgment and Statement of Undisputed Facts for filing under seal. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/26/2014) (gr) |
| Filing 560 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated February 27, 2014 re: redactions. Document filed by Apple Inc..(Boutrous, Theodore) |
| Filing 559 DECLARATION of Steve W. Berman in Support re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel., 490 MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt., 489 MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag.. Document filed by Class Plaintiffs. (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 25, # 25 Exhibit 26, # 26 Exhibit 27, # 27 Exhibit 28, # 28 Exhibit 29, # 29 Exhibit 30, # 30 Exhibit 31, # 31 Exhibit 33, # 32 Exhibit 34, # 33 Exhibit 35, # 34 Exhibit 36, # 35 Exhibit 37, # 36 Exhibit 38, # 37 Exhibit 39, # 38 Exhibit 40, # 39 Exhibit 41, # 40 Exhibit 42, # 41 Exhibit 43, # 42 Exhibit 44, # 43 Exhibit 45, # 44 Exhibit 46, # 45 Exhibit 47, # 46 Exhibit 48, # 47 Exhibit 49, # 48 Exhibit 50, # 49 Exhibit 51, # 50 Exhibit 52, # 51 Exhibit 53, # 52 Exhibit 54, # 53 Exhibit 55, # 54 Exhibit 56, # 55 Exhibit 57, # 56 Exhibit 58, # 57 Exhibit 59, # 58 Exhibit 60, # 59 Exhibit 61, # 60 Exhibit 62, # 61 Exhibit 63)(Berman, Steve) |
| Filing 558 MEMORANDUM OF LAW in Support re: 489 MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 557 MEMORANDUM OF LAW in Support re: 490 MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 556 MEMORANDUM OF LAW in Opposition re: 444 MOTION - DEFENDANT APPLE INC.'S MOTION TO EXCLUDE OPINIONS OFFERED BY DR. ROGER NOLL IN SUPPORT OF MOTION FOR CLASS CERTIFICATION.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 555 REPLY AFFIDAVIT of Roger G. Noll in Support re: (422 in 1:11-md-02293-DLC) MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
| Filing 554 REPLY MEMORANDUM OF LAW in Support re: (422 in 1:11-md-02293-DLC) MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) |
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Filing 553
ORDER. By letter of 2/18/2014, plaintiffs in the In re: Electronic Books Antitrust Litigation, 11 MD 2293, submitted four documents with revised redaction requests. ORDERED that plaintiffs requests for redactions are granted, with two exceptions. Plaintiffs request for redaction on page 11 of their Memorandum of Law in Support of Class Plaintiffs Motion to Exclude Opinions Offered by Dr. Joseph Kalt is denied. Likewise, plaintiffs requests for redaction on page 18 of their Memorandum of Law in Support of Class Plaintiffs Motion to Exclude the Expert Opinions Offered by Apples Expert Jonathan Orszag are denied. IT IS FURTHER ORDERED that plaintiffs shall publicly file these four documents, with the approved redactions, forthwith, and file unredacted pages of these documents under seal. (Signed by Judge Denise L. Cote on 2/24/2014) (gr)
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| Filing 552 NOTICE OF APPEARANCE by Lawrence Jay Zweifach on behalf of Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Zweifach, Lawrence) |
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Filing 551
SCHEDULING ORDER: Any opposition to Apple's "Suggestion of Remand to the Judicial Panel for Multidistrict Litigation" is due by 3/7/2014. Any reply is due by 3/14/2014. At the time any reply is served the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the U.S. District Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/24/2014) (gr)
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| Filing 550 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated February 21, 2014 re: filings under seal. Document filed by Apple Inc..(Boutrous, Theodore) |
| Filing 549 MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) |
| Filing 548 SEALED DOCUMENT placed in vault.(mps) |
| Filing 547 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 1/31/2014 re: Letter requesting that the Declaration of Steve W. Berman and accompanying exhibits in Support of Class Plaintiffs' Motion for Summary Judgment and Statement of Undisputed Facts be filed under seal. ENDORSEMENT: Approved. The parties shall meet and confer promptly. (Signed by Judge Denise L. Cote on 2/14/2014) (gr) |
| Filing 546 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/12/2014 re: Class Plaintiffs request for a one day extension to 2/18/2014 to resubmit proposed redactions to (1) Reply in Support of Class Certification; (2) Reply Report of Roger Noll; (3) Motion to Exclude Expert Opinions of Joseph Kalt; (4) Motion to Exclude Expert Opinions of Jonathan Orszag; and (5) Opposition to Apple's Motion to Exclude Expert Opinions of Roger Noll. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/13/2014) (gr) |
| Filing 545 DECLARATION of Robert L. Hubbard in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag.. Document filed by The State of New York. (Attachments: # 1 Exhibits to Declaration of Robert L. Hubbard (Public Version))Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) |
| Filing 544 MEMORANDUM OF LAW in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag. (Public Version). Document filed by The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) |
| Filing 543 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 02/12/2014 re: Revised Proposed Redactions to Class Certification Briefs. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 542 DECLARATION of CYNTHIA E. RICHMAN in Support re: (539 in 1:11-md-02293-DLC, 435 in 1:12-cv-03394-DLC) Memorandum of Law in Opposition to Motion, (436 in 1:12-cv-03394-DLC, 540 in 1:11-md-02293-DLC) Memorandum of Law in Opposition to Motion,, (537 in 1:11-md-02293-DLC) Reply Memorandum of Law in Oppisition to Motion, (514 in 1:11-md-02293-DLC) Reply Memorandum of Law in Support of Motion, (437 in 1:12-cv-03394-DLC, 541 in 1:11-md-02293-DLC) Declaration in Opposition to Motion, (434 in 1:12-cv-03394-DLC, 538 in 1:11-md-02293-DLC) Declaration in Opposition to Motion,. 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, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 541 DECLARATION of JONATHAN ORSZAG in Opposition re: (380 in 1:12-cv-03394-DLC, 491 in 1:11-md-02293-DLC) MOTION to Preclude Testimony of Jonathan Orszag., (489 in 1:11-md-02293-DLC, 378 in 1:12-cv-03394-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 540 MEMORANDUM OF LAW in Opposition re: (380 in 1:12-cv-03394-DLC, 491 in 1:11-md-02293-DLC) MOTION to Preclude Testimony of Jonathan Orszag., (489 in 1:11-md-02293-DLC, 378 in 1:12-cv-03394-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag. DEFENDANT APPLE INC.'S CONSOLIDATED MEMORANDUM OF LAW IN OPPOSITION TO CLASS PLAINTIFFS' AND PLAINTIFF STATES' MOTIONS TO EXCLUDE EXPERT OPINIONS OFFERED BY JONATHAN ORSZAG. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 539 MEMORANDUM OF LAW in Opposition re: (379 in 1:12-cv-03394-DLC, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. / DEFENDANT APPLE INC.'S MEMORANDUM OF LAW IN OPPOSITION TO CLASS PLAINTIFFS' MOTION TO EXCLUDE EXPERT OPINIONS OFFERED BY DR. JOSEPH KALT. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 538 DECLARATION of JOSEPH P. KALT, Ph.D. in Opposition re: (379 in 1:12-cv-03394-DLC, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 537 REPLY MEMORANDUM OF LAW in Opposition re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel. / DEFENDANT APPLE INC.'S SUR-REPLY MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Document filed by Apple Inc.. (Boutrous, Theodore) |
| Filing 536 ENDORSED LETTER addressed to Judge Denise L. Cote from Geralyn J. Trujillo, Assistant Attorney General/Acting Deputy Bureau Chief Antitrust Bureau dated 2/7/2014 re: Request to File Documents Under Seal as described in the letter. ENDORSEMENT: The application is granted. (Signed by Judge Denise L. Cote on 2/10/2014) (gr) |
| Filing 535 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/7/2014 re: Updated Request to FIle Documents Under Seal. ENDORSEMENT: The application to redact exhibits or portions of exhibits are approved. Many of the redactions from the memoranda are overbroad. Permission to redact specific numbers and information regarding Amazon's profits or losses on its sales of books or e-readers is granted. The parties may not redact the more narrative material around those items. Proposed redactions to the memoranda shall be submitted to the Court by 2/17/2014. (Signed by Judge Denise L. Cote on 2/10/2014) (gr) Modified on 2/10/2014 (gr). |
| Filing 534 LETTER addressed to Judge Denise L. Cote from Geralyn J. Trujillo dated February 7, 2014 re: Request to File Documents Under Seal. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) |
| Filing 533 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael E. Kipling dated 2/2/2014 re: Amazon proposes a few additional redactions after conferring with counsel for Apple, and in each case, they agree to the additional proposed redactions.. ENDORSEMENT: The requests to redact material made by the parties and Amazon are approved. The redacted documents shall promptly be filed in the public record. The unredacted pages shall be provided to Chambers and filed under seal. (Signed by Judge Denise L. Cote on 2/7/2014) (gr) |
| Filing 532 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 2/4/2014 re: Class Plaintiffs' letter regarding certain documents to be filed under seal. ENDORSEMENT: The parties shall meet promptly to identify proposed redactions. (Signed by Judge Denise L. Cote on 2/5/2014) (gr) |
| Filing 531 NOTICE OF APPEARANCE by Geralyn Jeanette Trujillo on behalf of The State Of New York. (Trujillo, Geralyn) |
| Filing 530 CERTIFICATE OF SERVICE of Reply Mem. of Laws re Mots. to Exclude Expert Ops. of Messrs. Orszag and Kalt; Declaration in Further Support and Exs. A-S served on Defendant Apple Inc.'s Counsel on 02/04/2014. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 529 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 02/04/2014 re: Letter requesting to file documents under seal. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 528 RESPONSE in Support of Motion re: (379 in 1:12-cv-03394-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. Plaintiff States' Response to Class Reply Memorandum. Document filed by The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) |
| Filing 527 MEMORANDUM OF LAW in Support re: (422 in 1:12-cv-03394-DLC) MOTION for Summary Judgment.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 526 RULE 56.1 STATEMENT. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 525 MOTION for Summary Judgment. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 524 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 1/31/2014 re: Letter from the Class and State Plaintiffs seeking permission to file a single one joint brief, no longer than twenty pages, instead of two, ten-page briefs. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/31/2014) (gr) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steve W. Berman to RE-FILE Document (419 in 1:12-cv-03394-DLC, 522 in 1:11-md-02293-DLC) Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steve W. Berman to RE-FILE Document (521 in 1:11-md-02293-DLC, 418 in 1:12-cv-03394-DLC) MOTION for Summary Judgment. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Rule 56.1 Statement is found under the event list Other Answers. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi) |
| Filing 523 CERTIFICATE OF SERVICE of Declaration of Steve W. Berman in Support of Class Plaintiffs' Motion for Summary Judgment and Statement of Undisputed Facts and accompanying exhibits served on Counsel for Apple Inc. on 01/31/2014. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 522 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: (418 in 1:12-cv-03394-DLC) MOTION for Summary Judgment.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) Modified on 2/3/2014 (ldi). |
| Filing 521 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by Class Plaintiffs. (Attachments: # 1 Class Plaintiffs' Statement of Undisputed Facts)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) Modified on 2/3/2014 (ldi). |
| Filing 520 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/31/2014 re: Request to File Under Seal. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 519 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated January 31, 2014 re: response to Plaintiffs' January 27, 2014 Letter. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Swanson, Daniel) |
| Filing 518 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/31/2014 re: Request for Consolidated Reply Brief Regarding Motions to Exclude Orszag Opinions. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 517 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 1/27/2014 re: Class Plaintiffs write on behalf of the parties concerning page limits and the schedule for the upcoming motion(s) for summary judgment. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/29/2014) (gr) |
| Filing 516 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/27/2014 re: Summary Judgment Page Limits and Schedule. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 515 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/27/2014 re: Defendant Apple's Sur-Reply in Opposition to Motion for Class Certification. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 514 REPLY MEMORANDUM OF LAW in Support re: 444 MOTION - DEFENDANT APPLE INC.'S MOTION TO EXCLUDE OPINIONS OFFERED BY DR. ROGER NOLL IN SUPPORT OF MOTION FOR CLASS CERTIFICATION.. Document filed by Apple Inc.. (Boutrous, Theodore) |
| Filing 513 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated January 21, 2014 re: Filing of documents. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 512 ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 1/17/2014 re: Apple request for permission to file a single consolidated opposition brief of no more than 35 pages, which will streamline the process and conserve judicial resources. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/17/2014) (gr) |
| Filing 511 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated January 17, 2014 re: consolidated opposition brief. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 510 NOTICE OF APPEARANCE by Geralyn Jeanette Trujillo on behalf of The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) |
| Filing 509 DECLARATION of Robert Hubbard in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag.. Document filed by The State of New York. (Attachments: # 1 Exhibit A through J)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) |
| Filing 508 MEMORANDUM OF LAW in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag. (redacted version). Document filed by The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Oral Argument held on 1/13/2014 (Court Reporter Sam Mauro) (gr) |
| Filing 507 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 12/18/2013 re: Class Plaintiffs respectfully submit the list of documents for filing under seal. ENDORSEMENT: The parties may file these materials in their redacted form. They shall consult with each other and relevant third parties to isolate passages that must be redacted pursuant to legal standards this Court has previously discussed with counsel. The fact that material is covered by a protective order is insufficient to support redaction. More limited redactions must be proposed by 2/7/2014. (Signed by Judge Denise L. Cote on 1/10/2014) (gr) |
| Filing 506 ENDORSED LETTER addressed to Judge Denise L. Cote from Robert L. Hubbard, Assistant Attorney General dated 12/18/2013 re: Letter requesting to file documents under seal in this action. ENDORSEMENT: The parties may file these materials in this redacted form. They shall consult with each other and relevant trial parties to isolate passages that must be redacted purusant to legal standards this Court has previously discussed with counsel. The fact that material is covered by a protective order is insufficient to support redactions. More limited redactions must be proposed by 2/7/2014. (Signed by Judge Denise L. Cote on 1/10/2014) (gr) |
| Filing 505 BRIEF on Civil Penalties. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1: November 21, 2013 Email from Cynthia Richman)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 504 DECLARATION of Michael R. Bromwich in Opposition re: (370 in 1:12-cv-03394-DLC) Order,,,,,,. Document filed by The State of Texas. (Attachments: # 1 Exhibits A-Z to Declaration of Michael R. Bromwich, # 2 Exhibits AA-PP to Declaration of Michael R. Bromwich)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 503 OPPOSITION BRIEF re: (370 in 1:12-cv-03394-DLC) Order,,,,,,. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
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Filing 502
ORDER re: (499 in 1:11-md-02293-DLC, 385 in 1:12-cv-03394-DLC) Letter, filed by Apple Inc. ORDERED that Apple's request to re-depose Noll is denied.By Memo Endorsement of October 3, the Court ordered that [t]o the extent the plaintiffs rebuttal report includes new opinions that could not have been anticipated by Apple's expert(s), Apple may file a sur-reply report before the close of expert discovery. Accordingly, IT IS FURTHER ORDERED that Apple may file a sur-reply report and a sur-reply brief limited to addressing new opinions that could not have been anticipated by Apple's experts. (Signed by Hon. Denise Cote by Hon. Katherine Polk Failla, Part I on 12/27/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) Modified on 12/30/2013 (djc).
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| Filing 501 LETTER addressed to Judge Denise L. Cote from Robert Hubbard dated 12/24/13 re: Apple request of 12/23/13. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) |
| Filing 500 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 12/24/2013 re: Dr. Noll's Deposition and Sur-Reply. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 499 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated December 23, 2013 re: Prof. Noll's Deposition and Sur-Reply. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Swanson, Daniel) |
| Filing 498 NOTICE OF APPEAL from (476 in 1:11-md-02293-DLC, 363 in 1:12-cv-03394-DLC) Stipulation and Order, (365 in 1:12-cv-03394-DLC, 478 in 1:11-md-02293-DLC) Judgment,, (472 in 1:11-md-02293-DLC, 360 in 1:12-cv-03394-DLC) Order,,. Document filed by Bob Kohn. Filing fee $ 505.00, receipt number 465401083976. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (384 in 1:12-cv-03394-DLC, 498 in 1:11-md-02293-DLC) Notice of Appeal,. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for (384 in 1:12-cv-03394-DLC, 498 in 1:11-md-02293-DLC) Notice of Appeal, filed by Bob Kohn were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(nd) |
| Filing 497 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 12/6/13 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...(Rodriguez, Somari) |
| Filing 496 TRANSCRIPT of Proceedings re: HEARING held on 12/6/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Karen Gorlaski, (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 1/13/2014. Redacted Transcript Deadline set for 1/24/2014. Release of Transcript Restriction set for 3/24/2014.(Rodriguez, Somari) |
| Filing 495 LETTER addressed to Judge Denise L. Cote from Robert Hubbard dated 12/18/13 re: Motion to Exclude Opinions Offered by Jonathan Orszag. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) |
| Filing 494 RESPONSE in Support of Motion re: 490 MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. Plaintiff States' Response to Motion to Exclude. Document filed by The State Of New York. (Hubbard, Robert) |
| Filing 493 CERTIFICATE OF SERVICE of Sealed Documents re Reply in Support of Class Cert. Motion, Daubert Motions and Expert Report served on Apple Inc. on 12/18/2013. Service was accepted by Counsel for Apple Inc.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 492 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated December 18, 2013 re: Filing of Under Seal Documents. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 491 MOTION to Preclude Testimony of Jonathan Orszag. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) |
| Filing 490 MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 489 MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 488 DECLARATION of JONATHAN ORSZAG in Support re: (319 in 1:12-cv-03394-DLC) Statement of Damages, (445 in 1:11-md-02293-DLC) Memorandum of Law in Support of Motion, (443 in 1:11-md-02293-DLC) Memorandum of Law in Opposition to Motion,. Document filed by Apple Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 487 RESPONSE to Motion re: 444 MOTION - DEFENDANT APPLE INC.'S MOTION TO EXCLUDE OPINIONS OFFERED BY DR. ROGER NOLL IN SUPPORT OF MOTION FOR CLASS CERTIFICATION. Plaintiff States' Response to Motion to Exclude. Document filed by The State of New York. (Hubbard, Robert) |
| Filing 486 ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 12/12/2013 re: Pursuant to the Court's December 9, 2013 Order, Apple submits to the Court the Corrected Declaration of Jonathan Orszag with proposed redactions of Confidential and Highly Confidential Information that is not already in the public record. ENDORSEMENT: Approved. The redacted document may be publicly filed. (Signed by Judge Denise L. Cote on 12/17/2013) (gr) |
| Filing 485 NOTICE OF APPEARANCE by Kayna Stavast-Piper on behalf of The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Stavast-Piper, Kayna) |
| Filing 484 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated December 12, 2013 re: Orszag Declaration Redactions. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 483 SEALED DOCUMENT placed in vault.(mps) |
| Filing 482 NOTICE of CORRECTIONS TO DECLARATION OF JOSEPH P. KALT re: (481 in 1:11-md-02293-DLC, 367 in 1:12-cv-03394-DLC) Declaration in Support,. Document filed by Apple Inc.. (Attachments: # 1 Errata List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 481 DECLARATION of JOSEPH P. KALT, Ph.D. in Support re: (319 in 1:12-cv-03394-DLC) Statement of Damages, (445 in 1:11-md-02293-DLC) Memorandum of Law in Support of Motion, (443 in 1:11-md-02293-DLC) Memorandum of Law in Opposition to Motion,. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 480 DECLARATION of CHRISTINE DEMANA in Support re: 445 Memorandum of Law in Support of Motion, 443 Memorandum of Law in Opposition to Motion,. 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)(Boutrous, Theodore) |
| Filing 478 FINAL JUDGMENT in favor of Aloysius J. Brown, Iii, Anne M. Rinaldi, Anthony Petru, Barbara Heath, Charles Leonard Pelton, Sr, Cynthia J. Tyler, Diane Urbanec, Ed Macauley, James L. Nesmith, Jeremy Sheppeck, Jessica Moyer, Kathleen Weiss, Kathleen Linda Pitlock, Kimberly Whiteside Brooks, Laura J. Warner, Lauren Albert, Marcus Mathis, Matthew A. Hosking, Ronna Hamelin, Shane S. Davis, Steven D. Campbell, Sue Roberts, Sue Ellen Gordon, Thomas Friedman against Macmillan Publishers, Inc., Penguin Group (USA), Inc., Penguin Group USA, Inc. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) |
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Filing 477
ORDER AND STIPULATED INJUNCTION as to defendant Penguin. (Signed by Judge Denise L. Cote on 12/6/2013) (gr)
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Filing 476
ORDER AND STIPULATED INJUNCTION as to defendant Macmillan. (Signed by Judge Denise L. Cote on 12/6/2013) (gr)
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| Filing 475 FINAL JUDGMENT AND FINAL APPROVAL OF MINNESOTA AND HARPERCOLLINS, HACHETTE AND SIMONE & SCHUSTER SETTLEMENT WITH MINNESOTA CLASS. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) |
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Filing 474
ORDER GRANTING CLASS PLAINTIFF' MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. (Signed by Judge Denise L. Cote on 12/6/2013) (gr)
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Filing 473
STIPULATION AND ORDER MODIFYING AUGUST 13, 2013 SCHEDULING ORDER....The parties shall supply the Court with two courtesy copies of the papers already filed on these motions and of the papers that remain to be filed at the time they are served. The schedule is approved. (Signed by Judge Denise L. Cote on 12/9/2013) (gr)
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Filing 472
ORDER. For the reasons set forth on the record at the December 6, 2013 Fairness Hearing...it is hereby ORDERED that objector Bob Kohn's ("Kohn") November 27, 2013 motion to intervene is denied...IT IS FURTHER ORDERED that the request by Class Counsel and the Plaintiff States of November 21 that a bond be imposed on Kohn in the event of any appeal is denied in light of Kohn's representations -- in writing, and orally at the Fairness Hearing of December 6 -- that he will not seek to impede the distribution of any funds related to the settlements at issue or to seek recuperation of any disbursed funds at any point. (Signed by Judge Denise L. Cote on 12/6/2013) (gr)
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| Filing 471 ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 11/25/2013 re: Counsel for Apple (O'Melveny & Myers LLP) and counsel for non-party Amazon,com, Inc., met and conferred regarding the proposed redactions to the declarations of Apple's experts, Joseph Kalt and Jonathan Orszag. ENDORSEMENT: The proposed redactions in Exhbits F and G to the Demana declaration, and Exhbit 1 to the Kalt Declaration are approved. The redactions to the Kalt Declaration are approved with two exceptions; Table of Figure redaction and redaction at 43a on page 18. The parties shall identify which of the proposed redactions to the Corrected Orszag Declaration are of information already in the public record through the June trial or other proceedings before this Court. Public record information may not be redacted. The other documents shall be filed in the public record in redacted form and the pages containing redactions provided to the Court for filing under seal. By 12/12/13, the parties shall present proposed redactions for the Corrected Orszag Declaration. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) |
| Filing 479 OPPOSITION TO Plaintiffs' Motion for Appeal Bond. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rdz) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Fairness Hearing held on 12/6/2013. (Court Reporter Karen Gorlasky) (gr) |
| Filing 470 LETTER addressed to Judge Denise L. Cote from Jeff D. Friedman dated December 6, 2013 re: Stipulation and [Proposed] Order Modifying August 13, 2013 Scheduling Order. Document filed by Class Plaintiffs. (Attachments: # 1 Attachment A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Friedman, Jeff) |
| Filing 469 MEMORANDUM OF LAW in Opposition re: (339 in 1:12-cv-03394-DLC) MOTION to Dismiss / NOTICE OF DEFENDANT APPLE INC.'S MOTION TO DISMISS FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, TO COMPEL THE PLAINTIFF STATES TO SEEK CLASS CERTIFICATION.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 468 LETTER addressed to Judge Denise L. Cote from Shana Scarlett dated 12/06/13 re: Withdrawal of Objection to Settlement by Christopher Batman. Document filed by Class Plaintiffs.(Scarlett, Shana) |
| Filing 467 BRIEF of Plaintiff States in Opposition to Bob Kohn's Motion to Intervene. Document filed by The State of Connecticut.(Becker, Gary) |
| Filing 466 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 459 MOTION to Intervene for purposes of appeal.. Document filed by The State of Connecticut. (Becker, Gary) Modified on 12/6/2013 (db). |
| Filing 465 LETTER addressed to Judge Denise L. Cote from W. Joseph Nielsen dated 12/6/13 re: compliance with the notice requirements of the Court's Order of 12/4/13. Document filed by The State of Connecticut.(Becker, Gary) |
| Filing 464 RESPONSE re: 461 Order,, Opposition to Request for Requiring Objectors to file Bond on Appeal. Document filed by Bob Kohn. (Attachments: # 1 Exhibit)(Brower, Steven) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Gary M. Becker to RE-FILE Document 466 Memorandum of Law in Opposition to Motion. ERROR(S): Document linked to filing error. (db) |
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Filing 463
ORDER granting (460) Motion for Confidentiality in case 1:11-md-02293-DLC; granting (353) Motion for Confidentiality in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 12/4/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC (gr)
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| Filing 462 ENDORSED LETTER addressed to Judge Denise L. Cote from Bob Kohn dated 12/3/2013 re: Request for authorization to bring an electronic device for the hearing scheduled December 6, 2013. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 12/4/2013) Copies Mailed By Chambers to Bob Kohn. (gr) |
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Filing 461
ORDER. Regarding the Plaintiffs' request for a bond covering the mentioned purported costs, the Objectors must respond in writing by December 6 2013 at 10 a.m. Eastern Standard Time. Regarding Bob Kohn's motion to intervene in the above captioned action pursuant to Rule 24(a) for purpose of appeal, Plaintiffs must respond in writing by December 6, 2013 at 10 a.m. Eastern Standard Time to Kohn's motion to intervene. Plaintiffs must immediately serve this Order on the Objectors. (Signed by Judge Denise L. Cote on 12/4/2013) (gr)
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| Filing 460 MOTION for Confidentiality. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Agreed Order re Confidentiality)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Fisher, Rebecca) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Brower to RE-FILE Document 459 MOTION to Intervene for purposes of appeal. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 459 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene for purposes of appeal. Document filed by Bob Kohn. (Attachments: # 1 Supplement Memorandum in Support)(Brower, Steven) Modified on 12/2/2013 (db). |
| Filing 458 LETTER addressed to Judge Denise L. Cote from Jeff D. Friedman dated 11/26/2013 re: Class Counsel's Motion for Attorneys' Fees. Document filed by Class Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Friedman, Jeff) |
| Filing 457 MOTION for Settlement Re: Motion for Final Approval of HarperCollins, Hachette and Simon & Schuster Settlements and Distribution Plan. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 456 MEMORANDUM OF LAW in Support re: 455 MOTION for Settlement Class Plaintiffs Motion for Final Approval of HarperCollins, Hachette and Simon & Schuster Settlements and Distribution Plan.. Document filed by Class Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Berman, Steve) |
| Filing 455 MOTION for Settlement Class Plaintiffs Motion for Final Approval of HarperCollins, Hachette and Simon & Schuster Settlements and Distribution Plan. Document filed by Class Plaintiffs.(Berman, Steve) |
| Filing 454 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated November 25, 2013 re: Filing Under Seal. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 453 LETTER OBJECTION TO CLASS SETTLEMENT addressed to Clerk of Court from Christopher Batman dated 10/15/2013 re: Objection to the Court's approval of the settlement in the above referenced class action lawsuit and the award of excessive attorneys' fees to class counsel. (gr) |
| Filing 452 MEMORANDUM OF LAW in Support re: (95 in 1:12-cv-06625-DLC, 451 in 1:11-md-02293-DLC, 346 in 1:12-cv-03394-DLC) MOTION for Settlement Motion for Final Approval of Macmillan and Penguin Settlements.. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Order and Injunction for Macmillan, # 2 Text of Proposed Order Proposed Order and Injunction for Penguin, # 3 Affidavit Declaration for Kinsella Media, # 4 Affidavit Declaration for Rust Consulting, # 5 Affidavit Declaration for Amazon, # 6 Affidavit Declaration for Barnes and Noble, # 7 Affidavit Declaration for Apple, # 8 Affidavit Declaration for Kobo, # 9 Affidavit Declaration for Sony, # 10 Affidavit Declaration for Google, # 11 Exhibit Consumer Distribution Plan, # 12 Text of Proposed Order Proposed Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
| Filing 451 MOTION for Settlement Motion for Final Approval of Macmillan and Penguin Settlements. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
| Filing 450 ENDORSED LETTER addressed to Judge Denise L. Cote from Michael E. Kipling dated 11/19/2013 re: Letter on behalf of non-party Amazon.com regarding the expert declarations that were lodged conditionally with the Court by Apple on Friday, November 15.. ENDORSEMENT: The parties shall report to the Court by Monday, 11/26/13. Apple shall advise Amazon promptly of this Order. (Signed by Judge Denise L. Cote on 11/19/2013) (gr) |
| Filing 449 ENDORSED LETTER addressed to Judge Denise L. Cote from Rebecca Fisher, Senior Assistant Attorney General, Texas Attorney General dated 11/19/2013 re: Request to permit Counsel for Plaintiff States and Settlement Class to file a brief up to 35 pages in length. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/19/2013) (gr) |
| Filing 448 LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Rebecca Fisher dated November 19, 2013. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
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Filing 447
SCHEDULING ORDER: On November 15, 2013 the defendant Apple filed a motion to dismiss the Plaintiff States' claims in the above captioned action on the ground that the Plaintiff States lack Article III standing. Apple moves in the alternative to compel the Plaintiff States to seek class certification. It is hereby ORDERED that any opposition is due by 12/6/2013. Any reply is due 12/13/2013. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, NY. (Signed by Judge Denise L. Cote on 11/18/2013) (gr) Modified on 11/19/2013 (gr).
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| Filing 446 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated November 15, 2013 re: Documents for filing under seal. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
| Filing 445 MEMORANDUM OF LAW in Support re: 444 MOTION - DEFENDANT APPLE INC.'S MOTION TO EXCLUDE OPINIONS OFFERED BY DR. ROGER NOLL IN SUPPORT OF MOTION FOR CLASS CERTIFICATION.. Document filed by Apple Inc.. (Boutrous, Theodore) |
| Filing 444 MOTION - DEFENDANT APPLE INC.'S MOTION TO EXCLUDE OPINIONS OFFERED BY DR. ROGER NOLL IN SUPPORT OF MOTION FOR CLASS CERTIFICATION. Document filed by Apple Inc..(Boutrous, Theodore) |
| Filing 443 MEMORANDUM OF LAW in Opposition re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel. DEFENDANT APPLE INC.'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. Document filed by Apple Inc.. (Boutrous, Theodore) |
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Filing 442
ORDER. By letter of October 28, 2013, Bob Kohn, an objector to the settlement which is the subject of an upcoming December 6 Fairness Hearing in this Court, requests that the Court compel the Department of Justice, Amazon, and plaintiff and defense counsel in the class action to produce certain materials for purposes of discovery. It is hereby ORDERED that the application is denied. (Signed by Judge Denise L. Cote on 11/13/2013) Copies Mailed By Chambers to Mr. Bob Kohn. (gr)
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| Filing 441 LETTER addressed to Judge Denise L. Cote from Bob Kohn dated 11/12/2013 re: I am writing to respond to the letter to this Court by the Attorneys General ("AGs") dated November 8, 2013, objecting to my request for discovery. (gr) |
| Filing 440 LETTER addressed to Judge Denise L. Cote from Gary M. Becker, Assistant Attorney General, State of Connecticut dated 11/8/2013 re: I write on behalf of the Plaintiff States in response to the letter dated November 7, 2013 and sent to the Court by Mr. Robert Kohn. Document filed by Class Plaintiffs.(gr) |
| Filing 439 LETTER addressed to Judge Denise L. Cote from Bob Kohn dated 11/7/2013 re: I am a member of the class in the above-captioned action, and I have filed an Objection to the recent proposed Settlement of claims...in that action...Accordingly, I respectfully request that the Court authorize the issuance of a subpoena to the Department of Justice for the focused discovery sought in my letter of October 28, 2013.... (gr) |
| Filing 438 LETTER addressed to Mark Ryan from Bob Kohn dated 10/28/2013 re: Seeking from the Government any evidence in the record, or otherwise produced during discovery in this or any related action, regarding Amazon's e-book pricing prior to April, 2010-including any economic data, information or other materials regarding Amazon's marginal costs of e-books acquired and the prices Amazon charged for such e-books during such period, including any documents, testimony or other materials (in any form) referring to such data, information or materials... (gr) |
| Filing 437 ENDORSED LETTER addressed to Judge Denise L. Cote from Eric Lipman, Assistant Attorney General dated 11/12/2013 re:...the parties jointly proposed the following briefing schedule for such remaining issues: States' Opening Brief to be filed no later than January 8, 2014; Apple's Opposition Brief to be filed no later than February 10, 2014; States Reply Brief to be filed no later than March 7, 2014. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 11/12/2013) (gr) |
| Filing 436 LETTER addressed to Judge Denise L. Cote from Eric Lipman dated November 12, 2013 re: Civil Penalty Briefing Schedule. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 435 ANSWER to 432 Amended Complaint,,,. Document filed by Apple Inc..(Boutrous, Theodore) |
| Filing 434 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/24/13 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...(Rodriguez, Somari) |
| Filing 433 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/24/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Sabrina D'Emidio, (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 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/1/2014.(Rodriguez, Somari) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/24/2013. (Court Reporter Sabrina D'Emidio) (gr) |
| Filing 432 FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT amending 47 Amended Complaint,, against Apple Inc., Hachette Book Group, Inc, Hachette Digital, Inc., Hachette Livre SA, Hachette Livre USA, Inc., HarperCollins Publishers L.L.C., Holtzbrinck Publishers, LLC(Doing business as Macmillan), Penguin Group (USA), Inc., Simon & Schuster, Inc. with JURY DEMAND.Document filed by Shane S. Davis, Thomas Friedman, Anthony Petru. Related document: 47 Amended Complaint filed by James L. Nesmith, Christian Gilstrap, Thomas Friedman, Kimberly Whiteside Brooks, Laura J. Warner, Kathleen Weiss, Jessica Moyer, Kathleen Linda Pitlock, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Anthony Petru, Aloysius J. Brown, Iii, Sue Roberts, Barbara Heath, Marcus Mathis, Matthew A. Hosking, Shane S. Davis, Jeremy Sheppeck, Lauren Albert, Diane Urbanec, Steven D. Campbell, Sue Ellen Gordon, Cynthia J. Tyler, Ronna Hamelin.(ft) (sdi). |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Steve W. Berman for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 432 Amended Complaint to: caseopenings@nysd.uscourts.gov. (ft) |
| Filing 431 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 10/23/2013 re: Deposition of Roger Noll. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Berman, Steve) |
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Filing 430
JOINT STIPULATION AND ORDER Regarding Filing of Consolidated First Amended Class Action Complaint. (So Ordered by Judge Denise L. Cote on 10/23/2013) (gr)
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| Filing 429 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated October 22, 2013 re: Deposition of Dr. Roger Noll. Document filed by Apple Inc.. (Attachments: # 1 Attachment A, # 2 Attachment B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
| Filing 428 DECLARATION of Roger Noll [Corrected] in Support re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 427 NOTICE of Corrected Declaration. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit A)(Berman, Steve) |
| Filing 426 Objection re: 373 Order on Motion for Settlement,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 374 Order on Motion for Settlement,,,,,,,,,,,,. Document filed by Bob Kohn. (Brower, Steven) |
| Filing 425 LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated October 17, 2013 re: Clarification of settlement administration. Document filed by The State of Texas. (Attachments: # 1 Modification to Settlement Agreement)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
| Filing 424 DECLARATION of Roger G. Noll in Support re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 423 MEMORANDUM OF LAW in Support re: 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. (Berman, Steve) |
| Filing 422 MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel. Document filed by Class Plaintiffs. Responses due by 11/15/2013(Berman, Steve) |
| Filing 421 DECLARATION of Kit A. Pierson in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) |
| Filing 420 DECLARATION of Steve W. Berman in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (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)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) |
| Filing 419 MEMORANDUM OF LAW in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) |
| Filing 418 MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steve W. Berman to RE-FILE Document (86 in 1:12-cv-06625-DLC, 311 in 1:12-cv-03394-DLC, 415 in 1:11-md-02293-DLC) MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steve W. Berman to RE-FILE Document (87 in 1:12-cv-06625-DLC, 312 in 1:12-cv-03394-DLC, 416 in 1:11-md-02293-DLC) Declaration in Support of Motion. ERROR(S): Document linked to filing error. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steve W. Berman to RE-FILE Document (88 in 1:12-cv-06625-DLC, 313 in 1:12-cv-03394-DLC, 417 in 1:11-md-02293-DLC) Declaration in Support of Motion. ERROR(S): Document linked to filing error. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(db) |
| Filing 417 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kit A. Pierson in Support re: (86 in 1:12-cv-06625-DLC) MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). |
| Filing 416 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steve W. Berman in Support re: (86 in 1:12-cv-06625-DLC) MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (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)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). |
| Filing 415 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. Document filed by Class Plaintiffs. (Attachments: # 1 Memorandum)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). |
| Filing 414 ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated 10/2/2013 re: We write in response to Class Plaintiffs' September 30, 2013 letter concerning whether the Class and States are permitted to submit a class certification and damages expert rebuttal report. ENDORSEMENT: Plaintiff may serve a rebuttal expert report. The parties' shall discuss a schedule for service of that report and the close of expert discovery. To the extent the plaintiffs' rebuttal report includes new opinions that could not have been anticipated by Apple's expert(s), Apply may file a sur-reply report before the close of expert discovery. (Signed by Judge Denise L. Cote on 10/3/2013) (gr) |
| Filing 413 LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated October 2, 2013 re: Expert Rebuttal Report. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
| Filing 412 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated Sept. 30, 2013 re: Scheduling. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 411 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated Sept. 27, 2013 re: Collateral Estoppel. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 410 LETTER addressed to Judge Denise L. Cote from David Ashton dated September 27, 2013 re: Collateral Estoppel. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) |
| Filing 409 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated September 27, 2013 re: Collateral Estoppel Issue. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
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Filing 408
ORDER. On 9/20/2013, Plaintiff States filed a letter in support of their contention that Apple is liable for civil penalties under various state antitrust statutes, as set forth in Appendix A of their letter...Apple filed a responsive letter on the same day. In order to guide the parties in advance of the damages trial scheduled for May 2014, this Court sets forth the following presumptions: (See Order)...The parties shall meet and confer to agree on a stipulation with respect to the issue of Apple's liability for civil penalties under various state antitrust statutes as set forth in Appendix A. If unable to do so and a party disagrees with respect to the preliminary guidance set forth in this Order, the parties shall propose a briefing schedule that permits these legal issues to be fully briefed no later than March 7, 2014. (Signed by Judge Denise L. Cote on 9/25/2013) (gr)
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| Filing 407 LETTER addressed to Judge Denise L. Cote from Eric Lipman dated September 20, 2013 re: Civil Penalties. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) |
| Filing 406 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/9/13 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...(Rodriguez, Somari) |
| Filing 405 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/9/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (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 10/15/2013. Redacted Transcript Deadline set for 10/24/2013. Release of Transcript Restriction set for 12/23/2013.(Rodriguez, Somari) |
| Filing 404 ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 9/11/2013 re: Apple seeks the materials relief upon by Dr. Wickelgren in forming his disclosed opinions and to depose him regarding the subjects set forth in his declarations. ENDORSEMENT: Application to depose Dr. Wickelgren is denied. The Plaintiff States have represented that he will not be called to testify at trial. Apple will have the opportunity to depose and cross-examine at trial any trial witnesses. (Signed by Judge Denise L. Cote on 9/16/2013) (gr) Modified on 9/16/2013 (gr). |
| Filing 403 LETTER addressed to Judge Denise L. Cote from Eric Lipman dated September 13, 2013 re: Discovery of Dr. Wickelgren. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 402 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated September 12, 2013 re: Deposition of Dr. Wickelgren. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) |
| Filing 401 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated September 11, 2013 re: Wickelgren discovery. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
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Filing 400
ORDER. The Court having ordered on August 27 that parties in the above-captioned actions pursue settlement discussions in September or October 2013, it is hereby ORDERED that the parties shall either pursue settlement discussions under the supervision of Judge Wood or pursue meditation under the supervision of a privately retained mediator in September or October. (Signed by Judge Denise L. Cote on 9/10/2013) (gr)
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Filing 399
ORDER. As described on the record at the conference held in these actions on September 9, 2013, it is hereby ORDERED that the parties shall submit by September 27, 2013 a report and any proposed stipulation addressing issues of collateral estoppel. IT IS FURTHER ORDERED that Apple shall submit by September 11, 2013 any letter regarding its right to depose Professor Wickelgren over the States objection. Any letter in response by the States or class plaintiffs shall be submitted by September 16, 2013. (Signed by Judge Denise L. Cote on 9/9/2013) (gr)
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| Filing 398 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated September 9, 2013 re: Discovery Conference - Scheduling. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 9/9/2013. (Court Reporter Ann Hairston) (gr) |
| Filing 397 LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated September 6, 2013 re: Scope of Discovery. 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, # 8 Exhibit H)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
| Filing 396 ENDORSED LETTER addressed to Judge Denise L. Cote from Orin Snyder dated 9/4/2013 re: On behalf of Apple, we respectfully submit this letter to request that the Court move the telephonic hearing presently scheduled for Friday, September 6 at 3:30 p.m. to Monday, September 9 at 3:30 p.m. We also request the Court permit Apple to submit any letter regarding the proper scope of discovery by Friday, September 6 at noon rather than by Thursday, September 5 at noon. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/5/2013) (gr) |
| Filing 395 LETTER addressed to Judge Denise L. Cote from Orin Snyder dated 09/04/2013 re: to request that the Court move the telephonic hearing. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
| Filing 394 LETTER addressed to Judge Denise L. Cote from Gabriel Gervey dated September 3, 2013 re: Scope of Discovery. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
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Filing 393
ORDER: A Telephone Conference will be held on 9/6/2013 at 03:30 PM before Judge Denise L. Cote. IT IS FURTHER ORDERED that any letter in response by Apple shall be submitted electronically on ECF, in accordance with the Court's revised Individual Practices in Civil Cases, no later than September 5 at 12:00 p.m. (Signed by Judge Denise L. Cote on 9/4/2013) (gr)
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| Filing 392 LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 09-03-2013 re: Permissible Discovery, Class Certification and Damages. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibits A-D)(Berman, Steve) |
| Filing 391 NOTICE of Withdrawal of Tyler B. McCormick as Counsel. Document filed by The State of Missouri. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(McCormick, Tyler) |
| Filing 390 NOTICE OF APPEARANCE by Theodore J. Boutrous, Jr on behalf of Apple, Inc., Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) |
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Filing 389
ORDER. As described on the record at the conference held on August 27, 2013, it is hereby ORDERED that the parties are instructed to contact the chambers of Judge Wood prior to September 6 in order to pursue settlement discussions under her supervision in September or October 2013 (Signed by Judge Denise L. Cote on 8/27/2013) (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Pretrial Conference held on 8/27/2013. (Court Reporter Karen Gorlanski) (gr) |
| Filing 388 NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of The State of New York. (Stock, Eric) |
| Filing 387 NOTICE OF APPEARANCE by Jeffrey Leonard White on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc.. (White, Jeffrey) |
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Filing 386
ORDER granting 381 Motion for Theodore J. Boutrous, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise)
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| Filing 385 DECLARATION of Lawrence E. Buterman in Support re: (384 in 1:11-md-02293-DLC) Memorandum of Law in Support. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 384 MEMORANDUM OF LAW in Support of Plaintiffs' Revised Proposed Injunction. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 383 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - BRIEF re: (245 in 1:12-cv-03394-DLC) Response Apple's Proposed Injunction and Letter in Support. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) Modified on 8/23/2013 (ka). |
| Filing 382 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF in Support of Plaintiffs' Revised Proposed Injunction. Document filed by The State of Texas. (Attachments: # 1 Declaration of Lawrence E. Buterman in Support of Plaintiffs' Revised Proposed Injunction)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) Modified on 8/23/2013 (ka). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (358 in 1:12-cv-02826-DLC) MOTION for Theodore J. Boutrous, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8809526. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(wb) |
| Filing 381 MOTION for Theodore J. Boutrous, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8809526. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc., Apple Inc.. (Attachments: # 1 Declaration of Orin Snyder, # 2 Exhibit 1, # 3 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(Snyder, Orin) |
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Filing 380
SCHEDULING ORDER: Parties shall provide notice to each other by August 23,2013 of all remaining fact discovery they wish to conduct. Expert Discovery due by 12/13/2013. The following motions will be served by the dates indicatedbelow. Any motion for class certification: Motion served by October 11, 2013. Opposition served by November 15, 2013. Reply served by December 13, 2013. Any motion for summary judgment: Motion served by January 24, 2014. Opposition served by February 14, 2014. Reply served by February 28, 2014. Joint Pretrial Order due by 4/11/2014. The case is placed on the May 2014 trial ready calendar. (Signed by Judge Denise L. Cote on 8/13/2013)Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc)
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| Filing 379 NOTICE OF APPEARANCE by Christine Louise Demana on behalf of Apple, Inc., Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Demana, Christine) |
| Filing 378 LETTER addressed to Judge Cote from Orin Snyder dated 8/7/2013 re: On behalf of Apple, we write in response to the August 5, 2013 letter submitted by the Department of Justice opposing Apple's request for a stay of further proceedings. Document filed by Apple, Inc..(gr) |
| Filing 377 LETTER addressed to Judge Cote from Steve W. Berman dated 8/5/2013 re: Class Plaintiffs oppose Apple's request for a stay. (gr) |
| Filing 376 LETTER addressed to Judge Cote from Gary M. Becker, Assistant Attorney General, State of Connecticut dated 8/2/2013 re: On behalf of counsel for Plaintiff States and Settlement Class, I write in response to the Court's order date July 10, 2013. (gr) |
| Filing 375 LETTER addressed to Judge Cote from Steve W. Berman dated 8/2/2013 re: In response to the Court's July 10 order and in consultation with Plaintiff States, Class Plaintiffs submit the proposed scheduled attached as Exhibit A. (gr) |
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Filing 373
ORDER PRELIMINARILY APPROVING MACMILLAN AND PENGUIN SETTLEMENTS: granting (359) Motion for Settlement in case 1:11-md-02293-DLC; granting (234) Motion for Settlement in case 1:12-cv-03394-DLC; granting (124) Motion for Settlement in case 1:11-md-02293-DLC; granting Motion for Settlement in case 1:12-cv-03394-DLC. 5. The Court, for purposes relating to the Settlement Agreements, confirms the Attorneys General of the States of Texas, Connecticut and Ohio as Liaison Counsel for Plaintiff States. The Court designates Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC as Counsel for the Settlement Class. The Court designates Anthony Petru, Marcus Mathis, Christian Gilstrap, Cynthia J. Tyler, Thomas Friedman, Jeremy Sheppeck, Aloysius J. Brown, III, Anne M. Rinaldi, Laura J. Warner, Barbara Heath, Kathleen Linda Pitlock, Kathleen Weiss, Matthew A. Hosking, Diane Urbanec, Ed Macauley, Ronna Hamelin, James L. Nesmith, Lauren Albert, Sue Roberts, Shane S. Davis, Sue Ellen Gordon, Charles Leonard Pelton, Sr., Kimberly Whiteside Brooks, Steven D.Campbell, and Jessica Moyer as the Settlement Class Plaintiffs. The Court confirms the appointment of Fifth Third Bank as Escrow Agent, and Kinsella Communications and Rust Consulting as the Notice and Claims Administrators for purposes of the implementation of the Settlement Agreements. The Court finds the Settlement Agreements satisfies the requirements of 15 U.S.C. 15, 15c and due process. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on December 6, 2013 at 3:00 p.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlement, the dismissal with prejudice of this action as to both Macmillan and penguin, and the entry of final judgment in this action. Any eligible Consumer who has not previously filed a request for exclusion from the Settlements may appear at the Fairness Hearing in person or by counsel and may be heard, to the extent allowed by the Court, either in support of or in opposition to the fairness, reasonableness and adequacy of the Settlement, the dismissal with prejudice of this action as to both Macmillan and Penguin and/or the entry of final judgment. Provided, however, no person shall be heard in opposition to the Settlements, dismissal and/or entry of final judgment and no papers or briefs submitted by or on behalf of any such person shall be accepted or considered by the Court, unless on or before October 21, 2013 such person: (a) files with the Clerk of Court a notice of such person's intention to appear as well as a statement that indicates the basis for such person's opposition to the Settlements, the dismissal of claims and/or the entry of final judgment and any documentation in support of such opposition, and (b) serves a copy of such notice, statement and documentation, as well as any other papers or briefs that such person files with the Court, either in person or by mail, upon the Claims Administrator at: E-books AG Settlements Objections, P.O. Box 2825, Faribault, MN 55021-8630. (Signed by Judge Denise L. Cote on 8/5/2013) (Attachments: # 1 Exhibit) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) Modified on 8/6/2013 (djc). Modified on 8/6/2013 (djc). Modified on 8/19/2013 (djc).
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Filing 374
ORDER PRELIMINARILY APPROVING CLASS PLAINTIFFS' SETTLEMENTS WITH HARPERCOLLINS, HACHETTE AND SIMON & SCHUSTER: granting 361 Motion for Settlement. 1. The Court has jurisdiction over this action and each of the parties. 2. The Court, for purposes of this Order, adopts the definitions set forth in the Settlement Agreement. 3. The Court, for purposes of this Order, finds a class consisting of natural persons in the State of Minnesota who have purchased E-books published by the Named Publishers during the period from Apri11, 2010 until May 21,2012 is hereby conditionally certified pending final approval of the Settlement Agreement, and meets all the prerequisites of Rule 23 of the Federal Rules of Civil Procedure. 4. The Court designates Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC as Counsel for the Settlement Class. 5. The Co uri designates Anthony Petru, Marcus Mathis, Christian Gilstrap, Cynthia J. Tyler, Thomas Friedman, Jeremy Sheppeck, Aloysius J. Brown, III, Anne M. Rinaldi, Laura J. Warner, Barbara Heath, Kathleen Linda Pitlock, Kathleen Weiss, Matthew A. Hosking, Diane Urbanec, Ed Macauley, Ronna Hamelin, James L. Nesmith, Lauren Albert, Sue Roberts, Shane S. Davis, Sue Ellen Gordon, Charles Leonard Pelton, Sr., Kimberly Whiteside Brooks, Steven D. Campbell, and Jessica Moyer as the Settlement Class Plaintiffs. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007- 1312 to consider the fairness, reasonableness and adequacy of the Settlement, the dismissal with prejudice of this action as to HarperCollins, Hachette and Simon & Schuster, and the entry of final judgment in this action. Any eligible Consumer who has not previously filed a request for exclusion from the Settlements may appear at the Fairness Hearing in person or by counsel and may be heard, to the extent allowed by the Court, either in support of or in opposition to the fairness, reasonableness and adequacy of the Settlement, the dismissal with prejudice of this action as to both Macmillan and Penguin and/or the entry of final judgment. Provided, however, no person shall be heard in opposition to the Settlements, dismissal and/or entry of final judgment and no papers or briefs submitted by or on behalf of any such person shall be accepted or considered by the Court, unless person's intention to appear as well as a statement that indicates the basis for such person's opposition to the Settlements, the dismissal of claims and/or the entry of final judgment and any documentation in support of such opposition, and (b) serves a copy of such notice, statement and documentation, as well as any other papers or briefs that such person files with the Court, either in person or by mail, upon the Claims Administrator at: E-books AG Settlements Objections, P.O. Box 2825, Faribault, MN 55021-8630.(Signed by Judge Denise L. Cote on 8/5/2013) (Attachments: # 1 Exhibit) (djc) Modified on 8/6/2013 (djc).
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| Set/Reset Hearings: Fairness Hearing set for 12/6/2013 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) |
| Filing 372 BRIEF in Support of Plaintiffs' Proposed Injunction. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 370 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/9/2013 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) |
| Filing 369 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/9/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Eve Giniger, (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 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/25/2013.(McGuirk, Kelly) |
| Filing 368 LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated 7/10/2013 re: After further discussion with defense counsel, and to assist your review of the proposed settlements between Plaintiffs and Macmillan and Penguin and the proposed class settlement for Minnesota residents, attached please find a revised chart that provides estimated damages and settlement amounts for each of the five settling publishers. The only revision was to add the asterisked language. I have circulated this revised chart among all counsel for settling defendants. If additional information would be useful in your review, please contact me. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) |
| Filing 367 MANDATE of USCA (Certified Copy) USCA Case Number 13-1744. In light of the Petitioner's letter dated May 22, 2013, IT IS HEREBY ORDERED that the petition for writ of mandamus is deemed withdrawn. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/11/2013. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(nd) |
| Filing 366 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Support re: (234 in 1:12-cv-03394-DLC) MOTION for Settlement for Preliminary Approval of Settlements. Amended Notice Plan (Ex. D). Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Fisher, Rebecca) Modified on 7/11/2013 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Rebecca Fisher. Document Nos. [366 in 11md2293, 240 in 12cv3394] Exhibit. These documents are not filed via ECF. Exhibits are only added AS ATTACHMENTS to documents that are permitted to be filed via the rules of ECF. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(db) |
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Filing 365
ORDER. The Court having filed its trial Opinion in "The State of Texas, et al. v. Penguin Group (USA) Inc., et al., 12 Civ. 3394 (DLC)" and related action "United States of America v. Apple, Inc., 12 Civ. 2826 (DLC)", on July 10, 2013, it is hereby ORDERED that the parties seeking preliminary approval of settlements in the above-captioned actions shall advise the Court no later than August 2, 2013 whether they wish to proceed with final approval and distribution of these settlement amounts at this time or wish to defer those proceedings. (gr)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/9/2013. (Court Reporter Eve Giniger) (gr) |
| Filing 364 NOTICE OF CHANGE OF ADDRESS by Michael Morris Buchman on behalf of Harrison Goldman. New Address: Motley Rice LLC, 275 Seventh Avenue, Second Floor, New York, New York, USA 10001, 212-577-0040. (Buchman, Michael) |
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Filing 363
ORDER that a telephone conference will be held to discuss preliminary approval of these settlements on 7/9/2013 at 2 p.m. Counsel representing parties in any related litigation may also participate in the teleconference. Telephone Conference set for 7/9/2013 at 02:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/1/2013) (gr)
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| Filing 362 MEMORANDUM OF LAW in Support re: 361 MOTION for Settlement Motion for Preliminary Approval of HarperCollins, Hachette and Simon & Schuster Settlements and Proposed Notice and Distribution Plans.. Document filed by Anthony Petru, et al.. (Attachments: # 1 Exhibit A - Settlement Agreement, # 2 Exhibit B - Proposed Order)(Friedman, Jeff) |
| Filing 361 MOTION for Settlement Motion for Preliminary Approval of HarperCollins, Hachette and Simon & Schuster Settlements and Proposed Notice and Distribution Plans. Document filed by Anthony Petru, et al..(Friedman, Jeff) |
| Filing 360 MEMORANDUM OF LAW in Support re: (359 in 1:11-md-02293-DLC, 82 in 1:12-cv-06625-DLC, 234 in 1:12-cv-03394-DLC) MOTION for Settlement for Preliminary Approval of Settlements.. Document filed by The State of Texas. (Attachments: # 1 Exhibit Macmillan Settlement Agreement, # 2 Exhibit Penguin Settlement Agreement, # 3 Exhibit Dr. Wickelgren Declaration, # 4 Exhibit Notice Plan, # 5 Exhibit Kinsella Declaration, # 6 Exhibit Rust Declaration, # 7 Exhibit Distribution Plan, # 8 Exhibit Proposed Order for Prel Approval)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
| Filing 359 MOTION for Settlement for Preliminary Approval of Settlements. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Fisher, Rebecca) |
| Filing 358 LETTER addressed to Judge Cote from Michael E. Kipling dated 6/16/2013 re: Amazon.com, Inc., has met and conferred extensively with counsel for Apple regarding certain charts and graphs based on Amazon's Highly Confidential data that Apple intends to submit through expert testimony this week at trial. (gr) |
| Filing 357 LETTER addressed to Judge Cote from Michael E. Kipling dated 6/10/2013 re: Amazon respectfully requests that the Court redact from the public file portions of two exhibits that were prepared by Plaintiff's experts. (gr) |
| Filing 356 Letter addressed to Judge Cote from David Ashton, Assistant Attorney General dated 6/10/2013 re: We write to briefly respond to Apple's letter of June 9 regading the States' requests for non-injuncitve relief, including civil penalties under state law. Document filed by The State of Texas.(gr) |
| Filing 355 Letter addressed to Judge Cote from David Ashton, Assistant Attorney General Antitrust Section, Attorney General of Texas dated 6/3/2013 re: During trial this morning, the Court requested clarification that the States are pursing their state law claims only to the extent that those claims are congruent with Section 1 of the Sherman Act. The Court had previously suggested, at the Final Pretrial Conference on May 23, that the States voluntarily dismiss any state law claims that did not fall into that category. The States took the Court up on its suggestion and, on May 28, filed a Rule 41(a) Motion seeking voluntarily dismiss claims asserted pursuant to certain statutes of 6 states, as well as seven state common law claims. The court granted that motion on May 29. (gr) |
| Filing 354 Letter addressed to Judge Cote from Gabriel R. Gervey, Assistant Attorney General Antitrust Section Consumer Protection Division Texas Office of the Attorney General dated 6/3/2013 re: I write in response to Apple's letter of May 31, 2013 regarding Professor Baker's revised declaration. (gr) |
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Filing 353
ORDER GRANTING PLAINTIFF STATES' MOTION TO VOLUNTARILY DISMISS CERTAIN STATE LAW CLAIMS: Upon consideration of the Plaintiff States' Motion to Voluntarily Dismiss Certain State Law Claims, the Court has determined that the Motion to Dismiss should be, and is hereby, GRANTED. (Signed by Judge Denise L. Cote on 5/29/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(lmb)
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| Filing 352 MEMO ENDORSEMENT granting 351 Motion to Dismiss. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/29/2013) (lmb) |
| Filing 351 MOTION to Dismiss Plaintiff States' Motion to Voluntarily Dismiss Certain State Law Claims. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiff States' Motion to Dismiss Certain State Law Claims)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) |
| Filing 350 MANDATE of USCA (Certified Copy) as to 200 Notice of Appeal filed by Penguin Group (USA), Inc. USCA Case Number 12-2999. The parties have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/24/2013. (nd) |
| Filing 349 ENDORSED LETTER addressed to Judge Cote from Rebecca Fisher, Doreen C. Johnson, Gary M. Becker, Jeff D. Friedman dated 5/22/2013 re: On behalf of Plaintiff States and Settlement Class, we request a thirty-day extension to file our Motion for Preliminary Approval of the settlement between Plaintiffs and Holtzbrinck Publishers, LLC, d/b/a Macmillan. ENDORSEMENT: Preliminary approval papers are due 6/21/13. (Signed by Judge Denise L. Cote on 5/22/2013) (gr) |
| Filing 348 ENDORSED LETTER addressed to Judge cote from Daniel F. McInnis dated 5/22/2013 re: we respectfully withdraw all pending motions. See Dkt. No 335; Dkt No.337. ENDORSEMENT: The two motions--335 and 337--filed in 11 MD 2293 are deemed withdrawn. Penquin is not required to attend the 5/23 pretrial conference and will not be offering its evidence at the trial. (Signed by Judge Denise L. Cote on 5/22/2013) (gr) |
| Filing 347 Letter addressed to Judge Cote from Elizabeth A. McNamara dated 2/26/2013 re: We represent non-party Walter Isaacson and we write to report that pursuant to stipulation, Plaintiffs have agreed to withdraw the subpoenas to Mr. Isaacson. Accordingly, there is no need for the hearing scheduled for this afternoon at 4 p.m. on the discovery dispute with Mr. Isaacson. (gr) |
| Filing 346 Letter addressed to Judge Cote from Michael E. Kipling dated 5/15/2013 re: I am writing on behalf of non-party Amazon.com Inc. It had been our understanding of the Court's directions from May 8 that, after Amazon served its proposed redactions to the pretrial filings, the parties were to meet and confer to discuss (and resolve, to the extent possible) the redactions prior to the time they were submitted to the Court. (gr) |
| Filing 345 Letter addressed to Judge Cote from Michael E. Kipling dated 5/14/2013 re: I am writing on behalf of non-party Amazon.com, Inc., regarding certain highly confidential information contained in one of Penquin's pretrial submissions. (gr) |
| Filing 344 Letter addressed to Judge Cote from Michael E. Kipling dated 5/14/2013 re: I am writing on behalf of non-party Amazon.com, Inc., regarding a matter of critical importance. Several of the pretrial papers submitted by Apple contain Amazon's highly confidential proprietary business information, the public disclosure of which would significantly harm Amazon's competitive standing. (gr) |
| Filing 343 JOINDER to join Apple Inc.'s Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 342 JOINDER to join re: (205 in 1:12-cv-03394-DLC) MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF PROFESSORS BAKER AND ASHENFELTER.. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 341 REPLY MEMORANDUM OF LAW in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 340 REPLY MEMORANDUM OF LAW in Support re: (211 in 1:12-cv-03394-DLC, 335 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 339 DECLARATION of Allison Sheedy in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 338 MEMORANDUM OF LAW in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 337 MOTION to Compel Arbitration. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 336 MEMORANDUM OF LAW in Support re: (211 in 1:12-cv-03394-DLC, 335 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 335 MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mollie Mcgowan Lemberg to RE-FILE Document (329 in 1:11-md-02293-DLC, 202 in 1:12-cv-03394-DLC) MOTION to Compel Arbitration., (328 in 1:11-md-02293-DLC, 201 in 1:12-cv-03394-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Mollie Mcgowan Lemberg to RE-FILE Document (203 in 1:12-cv-03394-DLC, 330 in 1:11-md-02293-DLC) MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter., (210 in 1:12-cv-03394-DLC, 334 in 1:11-md-02293-DLC) MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. Use the event type Joinder found under the event list Other Documents. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Mollie Mcgowan Lemberg to RE-FILE Document (332 in 1:11-md-02293-DLC, 207 in 1:12-cv-03394-DLC) Reply to Response to Motion, (208 in 1:12-cv-03394-DLC, 333 in 1:11-md-02293-DLC) Reply Memorandum of Law in Support of Motion. ERROR(S): Documents linked to filing error. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(ldi) |
| Filing 334 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). |
| Filing 333 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: (329 in 1:11-md-02293-DLC, 202 in 1:12-cv-03394-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). |
| Filing 332 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: (201 in 1:12-cv-03394-DLC, 328 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). |
| Filing 331 OPPOSITION BRIEF re: (189 in 1:12-cv-03394-DLC, 320 in 1:11-md-02293-DLC) Pretrial Memorandum. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 330 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). |
| Filing 329 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Arbitration. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Declaration of Allison Sheedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). |
| Filing 328 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). |
| Filing 327 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Penguin Group (USA) Inc..Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 326 PRETRIAL MEMORANDUM. Document filed by Penguin Group (USA) Inc..Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 325 ENDORSED LETTER addressed to Judge Cote from Daniel F. McInnis dated 5/14/2013 re: Penquin has conferred with all third parties whose documents or data are referenced in Penquin's pre-trial submissions. Penquin is prepared to publically file on ECF the documents listed in their letter. ENDORSEMENT: The documents on the first page may be promptly filed. The two documents listed on the second page shall be filed in redacted form. The Court shall promptly review the redacted material. (Signed by Judge Denise L. Cote on 5/14/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(gr) |
| Filing 324 PRETRIAL MEMORANDUM. Document filed by The State of Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33)Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 323 OPPOSITION BRIEF Plaintiff States' Response to Penguin's Motion to Compel Arbitration. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 322 OPPOSITION BRIEF Plaintiff States' Response to Apple Inc.'s Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 321 OPPOSITION BRIEF Plaintiff States' Response to Penguin's Memorandum of Law. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 320 PRETRIAL MEMORANDUM. Document filed by The State of Texas.Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
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Filing 319
ORDER in case 1:11-cv-05576-DLC; granting (318) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (180) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09204-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09350-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-06625-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC et al.(Cote, Denise)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 318 MOTION for Cynthia E. Richman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8485125. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 318 MOTION for Cynthia E. Richman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8485125. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc., Apple Inc.. (Attachments: # 1 Declaration of Orin S. Snyder, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
| Filing 317 NOTICE OF APPEARANCE by Lisa Heather Rubin on behalf of Apple, Inc., Apple Inc. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Rubin, Lisa) |
| Filing 316 NOTICE OF APPEARANCE by Orin Snyder on behalf of Apple, Inc., Apple Inc. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Snyder, Orin) |
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Filing 315
ORDER: By letter dated April 25, 2013, plaintiffs in the above-captioned actions inform the Court that they have executed a settlement agreement as to defendants Holtzbrinck Publishers, LLC d/b/a/ Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH (collectively, "Macmillan"). It is hereby ORDERED that plaintiffs shall file any motion for preliminary approval of a settlement as to Macmillan by May 24, 2013., ( Motions due by 5/24/2013.) (Signed by Judge Denise L. Cote on 4/26/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)
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| ***DELETED DOCUMENT. Deleted document number 315 Order. The document was incorrectly filed in this case. (lmb) |
| Filing 314 Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 4/25/2013 re: On behalf of counsel for Plaintiff States, Settlement Class and Macmillan, I am pleased to report we have executed a Settlement Agreement. In the meantime, the parties to this Settlement Agreement request your approval of the Joint Stipulation Adjourning Pre-trial Deadlines Concerning Defendants Holtzbrinck Publishers, LLC d/b/a Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH which was filed with the clerk yesterday. Document filed by The State of Texas.(lmb) |
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Filing 313
OPINION AND ORDER re: (150 in 1:12-cv-03394-DLC, 300 in 1:11-md-02293-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS filed by Penguin Group (USA) Inc. Penguin's March 15, 2013 motion for a jury trial on the States' claims is denied. (Signed by Judge Denise L. Cote on 4/24/2013) (lmb)
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| Filing 312 REPLY MEMORANDUM OF LAW in Support re: (152 in 1:12-cv-03394-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 311 REPLY MEMORANDUM OF LAW in Support re: (150 in 1:12-cv-03394-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 310 NOTICE OF APPEARANCE by Lynette Renee Bakker on behalf of The State of Kansas Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Bakker, Lynette) |
| Filing 309 DECLARATION of David Ashton in Support re: (157 in 1:12-cv-03394-DLC) Memorandum of Law in Opposition to Motion. Document filed by The State of Texas. (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)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) |
| Filing 308 MEMORANDUM OF LAW in Opposition re: (150 in 1:12-cv-03394-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) |
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Filing 307
ORDER granting (305) Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (154) Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:12-cv-03394-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Cote, Denise)
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| Filing 306 MEMORANDUM OF LAW in Opposition re: (152 in 1:12-cv-03394-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 305 MOTION for Mollie McGowan Lemberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8362913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Penguin Group (USA) Inc., Penguin Group USA, Inc., The Penguin Group. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Text of Proposed Order, # 3 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) |
| Filing 304 NOTICE of Substitution of Attorney. Old Attorney: Matthew Jackson, New Attorney: Nicholas M. Sydow, Address: Office of the New Mexico Attorney General, P.O. Drawer 1508, Santa Fe, New Mexico, USA 87504-1508, 505-827-6021. Document filed by The State of New Mexico. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Sydow, Nicholas) |
| Filing 303 MEMORANDUM OF LAW in Support re: (152 in 1:12-cv-03394-DLC, 302 in 1:11-md-02293-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) |
| Filing 302 MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. Document filed by Penguin Group (USA) Inc.. Return Date set for 3/29/2013 at 11:59 PM.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) |
| Filing 301 MEMORANDUM OF LAW in Support re: (150 in 1:12-cv-03394-DLC, 300 in 1:11-md-02293-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) |
| Filing 300 MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS. Document filed by Penguin Group (USA) Inc.. Return Date set for 3/29/2013 at 11:59 PM.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) |
| Filing 299 Letter addressed to Judge Cote from Walter Isaacson (Elizabeth A. McNamara) dated 2/26/2013 re: Isaacson discovery dispute. We represent non-party Walter Isaacson and we write to report that pursuant to stipulation, Plaintiffs have agreed to withdraw the subpoenas to Mr. Isaacson. Accordingly there is no need for the hearing scheduled for this afternoon at 4 p.m. on the discovery dispute with Mr. Isaacson. (cr) |
| Filing 298 Letter addressed to Judge Cote from Class Plaintiffs (Steve W. Berman) dated 2/20/2013 re: Isaacson discovery dispute. In response to Apple's letter dated February 20, 2013, in connection with plaintiffs' discovery motion involving Mr. Isaacson, please see the attached excerpt of testimony Apple provided on December 13, 2012. (Attachments: #(1) Exhibit Attachment 1) (cr) |
| Filing 297 Letter addressed to Judge Cote from Apple, Inc. (Orin Snyder) dated 2/20/2013 re: Isaacson discovery dispute. Document filed by Apple Inc. On behalf of Apple and in advance of the teleconference, we respectfully submit this letter in response to Class Plaintiff's February 13, 2013 letter seeking document discovery and testimony from Walter Isaacson. (cr) |
| Filing 296 Letter addressed to Judge Cote from Walter Isaacson (Elizabeth A. McNamara) dated 2/18/2013 re: Isaacson discovery dispute. We represent non-party Walter Isaacson and this letter responds to the February 13, 2013 letter from counsel for Class Plaintiffs which seeks to enforce two subpoenas directed to Mr. Isaacson. (cr) |
| Filing 295 Letter addressed to Judge Cote from Class Plaintiffs (Steve W. Berman) dated 2/13/2013 re: Isaacson discovery dispute. Pursuant to the Court's July 20, 2012 Order, Class Plaintiffs respectfully renew their discovery request from Walter Isaacson, Steve Jobs' biographer. (Attachments: #(1) Exhibit Attachment A, #(2) Exhibit Attachment B, #(3) Exhibit Attachment C, #(4) Exhibit Attachment D, #(5) Exhibit Attachment E) (cr) |
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Filing 294
ORDER: It is hereby ORDERED that defendant Apple's challenge to non-party Amazon's invocation of the attorney-client privilege is denied. IT IS FURTHER ORDERED that defendant Penguin's request not to participate in the June 2013 trial is denied. IT IS FURTHER ORDERED that Penguin shall provide its initial witness list by March 1, 2013. To the extent that Penguin wishes to file a motion (i) to assert its right not to defend against the lawsuit brought by plaintiff States at the June 2013 trial and/or (ii) to request to hear live direct testimony of two Penguin executives in exception to the Court's Individual Practices, that motion is due March 15, 2013. Opposition by plaintiff States and by any parties in related litigation is due March 29, 2013. Penguin's reply, if any, is due April 5, 2013. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. ( Motions due by 3/15/2013., Responses due by 3/29/2013., Replies due by 4/5/2013.) (Signed by Judge Denise L. Cote on 2/27/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb)
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| Filing 293 Letter addressed to Judge Cote from State of Texas (Eric Lipman) dated 2/25/2013 re: Penguin participation in June trial. Document filed by The State of Texas. (cr) |
| Filing 292 Letter addressed to Judge Cote from Penguin (Daniel McInnis) dated 2/22/2013 re: Penguin participation in June trial. Document filed by Penguin Group (USA) Inc. (cr) |
| Filing 291 Letter addressed to Judge Cote from Amazon.com, Inc. (Michael Kipling) dated 2/19/2013 re: Apple/Amazon discovery dispute. Document filed by Amazon.Com, Inc. (Attachments: #(1) Exhibit Zapolsky Decl., #(2) Exhibit A, #(3) Exhibit B, #(4) Exhibit C) (cr) |
| Filing 290 Letter addressed to Judge Cote from Apple, Inc. (Richard Parker) dated 2/14/2013 re: Apple/Amazon Discovery Dispute. Document filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(cr) |
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Filing 289
ORDER: It is hereby ORDERED that Apple's February 14 redaction requests and Amazon's February 19 redaction requests are denied. Apple and Amazon will be given an opportunity at the 4:30 p.m. Conference to explain why any of their proposed redactions should be made. IT IS FURTHER ORDERED that the Court will also discuss at the 4:30 p.m. Conference (i) class plaintiffs' discovery dispute with Penguin, and (ii) Penguin's participation in the June 2013 trial. (Signed by Judge Denise L. Cote on 2/25/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb)
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| Filing 288 NOTICE OF CHANGE OF ADDRESS by Devin M. Laiho on behalf of The State of Colorado. New Address: Colorado Department of Law, Consumer Protection, 1300 Broadway, Seventh Floor, Denver, CO, USA 80203, 720-508-6000. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Laiho, Devin) |
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Filing 287
ORDER: that the February 22 teleconferences are adjourned to February 26. The teleconference regarding the discovery dispute with Isaacson will be held on February 26 at 4:00 p.m. The teleconference regarding the discovery dispute with Amazon will be held on February 26 at 4:30 p.m. Counsel representing parties in any related litigation may also participate in these teleconferences. (Telephone Conference set for 2/26/2013 at 04:00 PM before Judge Denise L. Cote., Telephone Conference set for 2/26/2013 at 04:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/21/2013) (jcs)
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| Filing 286 SEALED DOCUMENT placed in vault.(nm) |
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Filing 285
ORDER: By letter dated February 13, 2013, class plaintiffs request the Court's assistance in settling a discovery dispute with respect to non-party Walter Isaacson ("Isaacson"). Having reviewed class plaintiffs' February 13 letter and the letter in response submitted by counsel for Isaacson on February 18, it is hereby ORDERED that a teleconference regarding the discovery dispute with Isaacson will be held on Friday, February 22 at 3:30p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jcs)
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Filing 284
ORDER GRANTING MOTION TO WITHDRAW ATTORNEY APPEARANCE: in case 1:11-cv-05576-DLC; granting (282) Motion to Withdraw as Attorney. BEFORE THE COURT is a Motion by Hollis Salzman, Kellie Lerner and Bernard Persky to withdraw their appearances as Counsel for Plaintiffs. The motion is GRANTED. Hollis Salzman, Kellie Lerner and Bernard Persky shall be removed as attorneys for Plaintiffs. I direct the clerk to terminate all ECF noticing for them in the above referenced action.(Signed by Judge Denise L. Cote on 2/15/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ama)
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| Filing 283 NOTICE OF CHANGE OF ADDRESS by Jay L. Himes on behalf of Robert Cheatham. New Address: Labaton Sucharow LLP, 140 Broadway, New York, New York, USA 10005, 212-907-0834. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay) |
| Filing 282 MOTION for Hollis Salzman, Kellie Lerner and Bernard Persky to Withdraw as Attorney. Document filed by Robert Cheatham.(Salzman, Hollis) |
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Filing 281
AGREED ORDER FOR CONFIDENTIALITY RELATED TO INFORMATION PROVIDED UNDER ORDER AND STIPULATED INJUCTION...regarding procedures to be followed that shall govern the handling of confidential material...(Signed by Judge Denise L. Cote on 2/15/2013) filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(djc)
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| Filing 280 NOTICE OF APPEARANCE by Jay L. Himes on behalf of Robert Cheatham Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay) |
| Filing 279 FINAL JUDGMENT settling action. (Signed by Judge Denise L. Cote on 2/8/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(ml) |
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Filing 278
ORDER AND STIPULATED INJUNCTION: NOW THEREFORE, before any testimony is taken, without trial or adjudication of any issue of fact or law, and upon consent of Defendants, it is ORDERED, ADJUDGED, AND DECREED:This Court has jurisdiction over the subject matter of this action and over the Defendants. The Complaint states a claim upon which relief may be granted against Defendants under Section 1 of the Sherman Act, as amended, 15 U.S.C. § 1. Unless this Court grants an extension, this Order and Stipulated Injunction shall expire five years from the date of the entry of the DOJ Final Judgment (Signed by Judge Denise L. Cote on 2/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(js)
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| Filing 277 MOTION for and Memorandum in Support of Final Approval of Settlement Agreements and Revised Distribution Plan. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Buchweitz, Yehudah) |
| Filing 276 NOTICE OF APPEARANCE by Bryan Lewis Bloom on behalf of Hachette Book Group, Inc (Bloom, Bryan) |
| Filing 275 ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 1/16/2013 re: Penguin writes in response to Plaintiff States letter dated 1/15/2012. ENDORSEMENT: The conference call with the Court will take place on 1/22 at 4:00 pm. ( Telephone Conference set for 1/22/2013 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/17/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 274 ENDORSED LETTER addressed to Judge Denise L. Cote from Jeffrey B. Dubner dated 1/14/13 re: Counsel writes to request that the conference scheduled for January 17 be taken off the calendar. ENDORSEMENT: The conference is cancelled. (Signed by Judge Denise L. Cote on 1/14/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro) |
| Filing 273 NOTICE OF APPEARANCE by Michael Jarrett Allan on behalf of Baker & Taylor, Inc. (Allan, Michael) |
| Filing 272 NOTICE OF APPEARANCE by Evan Glassman on behalf of Baker & Taylor, Inc. (Glassman, Evan) |
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Filing 271
ORDER: By letter dated January 7, 2013, class plaintiffs request the Court's assistance in enforcing a subpoena served by plaintiffs on non-party Baker & Taylor, Inc. ("Baker & Taylor") It is hereby ORDERED that a teleconference regarding the enforcement of the Baker & Taylor subpoena will be held on Thursday, January 17 at 3:30 p.m. IT IS FURTHER ORDERED that class plaintiffs and Baker & Taylor shall confer with each other in advance of the January 17 teleconference. Counsel representing parties in any related litigation may also participate in the teleconference., ( Telephone Conference set for 1/17/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)
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Filing 270
JOINT STIPULATION AND ORDER REGARDING DATE FOR EXCHANGE OF TRIAL WITNESS LISTS: WHEREAS, Attachment A to the Revised Joint Initial Report, entered on July 6, 2012,currently sets a date of December 18,2012 for the exchange of initial trial witness lists between the parties (Docket No. 111-1 ); WHEREAS, such date was mutually agreed to by the parties; NOW, THEREFORE, the parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate that the date for exchange of initial trial witness lists for the trial commencing June 3, 2013 shall be changed to February 15, 2013. For the avoidance of doubt, this stipulation does not pertain to the trial in the class litigation, In re Electronic Books Antitrust Litigation, 11-md-02293, or to any trial on damages in the States' action, State of Texas et al. v. Penguin Group (USA), Inc. et al., 12-cv-03394. (Signed by Judge Denise L. Cote on 12/19/12) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(ago) Modified on 12/26/2012 (ago).
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| Filing 269 NOTICE OF CHANGE OF ADDRESS by Erin C Burns on behalf of Brian McGee, Carol Ness. New Address: NastLaw LLC, 1101 Market Street, Suite 2801, Philadelphia, Pennsylvania, USA 19107, 215-923-9300. Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Burns, Erin) |
| Filing 268 NOTICE OF CHANGE OF ADDRESS by Dianne M. Nast on behalf of Brian McGee, Carol Ness. New Address: NastLaw LLC, 1101 Market Street, Suite 2801, Philadelphia, Pennsylvania, USA 19107, 215-923-9300. Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Nast, Dianne) |
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Filing 267
SUPPLEMENTAL STIPULATED PROTECTIVE ORDER RE: AMAZON DATA PRODUCTION... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 11/30/2012) (rjm)
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| Filing 266 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 10/9/12 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...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) |
| Filing 265 Redaction of (72 in 1:11-cv-06019-DLC, 49 in 1:11-cv-09567-DLC, 68 in 1:11-cv-09564-DLC, 110 in 1:11-cv-09016-DLC, 54 in 1:11-cv-09562-DLC, 68 in 1:11-cv-09566-DLC, 62 in 1:11-cv-09559-DLC, 61 in 1:11-cv-09565-DLC, 79 in 1:11-cv-05609-DLC, 95 in 1:11-cv-05707-DLC, 54 in 1:12-cv-06625-DLC, 96 in 1:11-cv-05576-DLC, 78 in 1:11-cv-05750-DLC, 67 in 1:11-cv-05976-DLC, 54 in 1:11-cv-08329-DLC, 70 in 1:11-cv-07507-DLC, 58 in 1:11-cv-09561-DLC, 65 in 1:11-cv-06079-DLC, 73 in 1:11-cv-09014-DLC, 40 in 1:12-cv-00476-DLC, 56 in 1:11-cv-08608-DLC, 67 in 1:11-cv-05898-DLC, 147 in 1:12-cv-02826-DLC, 61 in 1:11-cv-07534-DLC, 68 in 1:11-cv-05896-DLC, 256 in 1:11-md-02293-DLC, 60 in 1:11-cv-07323-DLC, 58 in 1:11-cv-09560-DLC, 95 in 1:11-cv-05621-DLC, 129 in 1:12-cv-03394-DLC, 62 in 1:11-cv-09563-DLC) Transcript,, Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) |
| Filing 264 Letter addressed to Judge Denise L. Cote from Orin Snyder dated 10/25/2012 re: Non-settling parties propose that class certification briefing be postponed until after the conclusion of the trial in this matter. (ad) |
| Filing 263 Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/18/2012 re: Apple opposes DOJ's request for an extension of the trial date from early June to 9/2013. Document filed by Apple, Inc.(ad) |
| Filing 262 Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 10/17/2012 re: The United States request that the Court extend the cutoff for fact and expert discovery until 6/21/2013, and adjust all remaining dates accordingly. (ad) |
| Filing 261 Letter addressed to Judge Denise L. Cote from Daniel F. McInnis dated 10/25/2012 re: Request for a premotion conference. Document filed by Penguin Group (USA), Inc.Filed In Associated Cases: 1:11-md-02293-DLC et al.(ad) |
| Filing 260 Letter addressed to Judge Denise L. Cote from Michael E. Kipling dated 10/16/2012 re: In response to Apple's 10/15/12 letter to the Court. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(ad) |
| Filing 259 Letter addressed to Judge Denise L. Cote from Michael E. Kipling dated 10/15/2012 re: Search terms Amazon has agreed to run with hits broken out by the five custodians. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(ad) |
| Filing 258 ENDORSED LETTER addressed to Judge Denise L Cote from Michael E. Kipling dated 10/19/2012 re: Request to redact the following portion of the October 9 hearing transcript: p. 35, line 21- p. 36, line 7. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/25/2012) (cd) |
| Filing 257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/9/12 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...Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-05576-DLC(McGuirk, Kelly) |
| Filing 256 TRANSCRIPT of Proceedings re: conference held on 10/9/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) |
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Filing 255
ORDER. The three above-captioned actions are related. It is hereby ORDERED that the Clerk of Court shall assign In re: Amazon.com, 12 MC 351 (DLC), for all purposes to this Court's docket. (Signed by Judge Denise L. Cote on 10/19/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(rjm)
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| Filing 254 Letter addressed to Judge Denise L. Cote from Joel M. Mitnick dated 10/17/2012 re: I write on behalf of defendants Holtzbrinck Publishers, LLC d/b/a Macmillan ("Macmillan") and Verlagsgruppe Georg von Holtzbrinck GmbH ("VGvH") in response to the letters submitted on October 15, 2012 by the Department of Justice and the Plaintiff States. At a conference with all parties on October 9, 2012, Your Honor directed the Department of Justice and the Plaintiff States to provide the Court and Defendants with a clear statement as to whether they plan to challenge the bona fides of the agency distribution contracts between the Publisher Defendants and Apple for the distribution of each Publisher Defendant's trade eBooks in the United States. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(rjm) |
| Filing 253 Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 10/17/2012 re: As requested during the October 9, 2012 conference call with the Court, Penguin Group (USA), Inc. writes in response to the letters to Your Honor from the United States and the Plaintiff States regarding their respective positions on the genuineness of Penguin's agency relationships with its eBook distributors, and Penguin's standpoint on whether we will agree to waive a potential defense at this point in the litigation, apparently so that Class Plaintiffs can avoid discovery into currently-named plaintiffs by dropping them from the case. (rjm) |
| Filing 252 Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/17/2012 re: This letter will respond to the letters dated October 15, 2012 from the Department of Justice and the Plaintiff States setting forth their positions as to whether the bilateral agency agreements between Apple and the defendant book publishers established genuine agency relationships. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(rjm) |
| Filing 251 NOTICE OF APPEARANCE by Jonathan Adam Mark on behalf of The State of Washington Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Mark, Jonathan) |
| Filing 250 Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 10/15/2012 re: I write in response to the Defendants' request during the October 9, 2012 telephone conference that the Plaintiff States clarify their position as to whether Penguin and Macmillan's e-book distribution contracts with Apple establish "genuine" agency relationships between the publishers and Apple. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rjm) |
| Filing 249 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/10/12 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...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) |
| Filing 248 TRANSCRIPT of Proceedings re: CONFERNCE held on 9/10/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (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 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) |
| Filing 247 NOTICE OF APPEARANCE by Chuck R. Munson on behalf of The State of Montana Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Munson, Chuck) |
| Filing 246 NOTICE OF APPEARANCE by Charles Edmond Brasington on behalf of The Commonwealth of the Northern Mariana Islands Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Brasington, Charles) |
| Filing 245 NOTICE OF APPEARANCE by Rhaiza Velez on behalf of The Commonwealth of Puerto Rico Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Velez, Rhaiza) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 10/9/2012. (Court Reporter Ann Hairston) Associated Cases: 1:11-md-02293-DLC et al.(gr) |
| Filing 244 NOTICE OF APPEARANCE by Rodney I. Kimura on behalf of The State of Hawaii Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Kimura, Rodney) |
| Filing 243 NOTICE OF APPEARANCE by Sarah Oxenham Allen on behalf of The Commonwealth of Virginia Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Allen, Sarah) |
| Filing 242 NOTICE OF APPEARANCE by James M. Steinwinder on behalf of The State of Alabama Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Steinwinder, James) |
| Filing 241 NOTICE OF APPEARANCE by Christina Moylan on behalf of The State of Maine Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Moylan, Christina) |
| Filing 240 NOTICE OF APPEARANCE by Eric Stephen Wolfish on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Wolfish, Eric) |
| Filing 239 NOTICE OF APPEARANCE by Kevin Wells on behalf of The State of Arkansas (Wells, Kevin) |
| Filing 238 NOTICE OF APPEARANCE by Lizabeth Ann Brady on behalf of The State of Florida (Brady, Lizabeth) |
| Filing 237 NOTICE OF APPEARANCE by Jah-Juin Ho on behalf of The State of New Jersey Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Ho, Jah-Juin) |
| Filing 236 NOTICE OF APPEARANCE by Paula Lauren Gibson on behalf of The State of California Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Gibson, Paula) |
| Filing 235 NOTICE OF APPEARANCE by Brian Gerard Armstrong on behalf of The State of Nevada Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Armstrong, Brian) |
| Filing 234 NOTICE OF APPEARANCE by Michael Allen Kakuk on behalf of The State of Oregon Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Kakuk, Michael) |
| Filing 233 NOTICE OF APPEARANCE by Gwendolyn Jean Cooley on behalf of The State of Wisconsin Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Cooley, Gwendolyn) |
| Filing 232 NOTICE OF APPEARANCE by Jenny Draffin Smith on behalf of The State of South Carolina Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Smith, Jenny) |
| Filing 231 NOTICE OF APPEARANCE by Michael Andrew Delaware Department of Justice on behalf of The State of Delaware Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Delaware Department of Justice, Michael) |
| Filing 230 NOTICE OF APPEARANCE by Elin S Alm on behalf of The State of North Dakota Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Alm, Elin) |
| Filing 229 NOTICE OF APPEARANCE by James Palmer on behalf of The State of Utah Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Palmer, James) |
| Filing 228 NOTICE OF APPEARANCE by Matthew Ryan Hull on behalf of The Commonwealth of Virginia Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Hull, Matthew) |
| Filing 227 NOTICE OF APPEARANCE by Gregory John Walklin on behalf of The State of Nebraska (Attachments: # 1 Supplement)(Walklin, Gregory) |
| Filing 226 STATUS REPORT. re Settlement Distribution and Notice Plans Document filed by The State of Texas. (Attachments: # 1 Exhibit Revised Distribution Plan, # 2 Exhibit Revised Notice Plan)(Fisher, Rebecca) |
| Filing 225 NOTICE OF CHANGE OF ADDRESS by Joseph Peter Guglielmo on behalf of Katrina Key. New Address: Scott+Scott LLP, 405 Lexington Ave., 40th Floor, New York, NY, 10174, 212-223-6444. (Guglielmo, Joseph) |
| Filing 224 Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 9/20/2012 re: Class Plaintiffs write in response to Penguin's letter of September 19, 2012. Penguin's request to delay class certification is unwarranted. Penguin made no effort to confer with Class Plaintiffs or the Litigating States before contacting the Co mi. Had Penguin done so, it may not have caused the Court to expend resources on this issue. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jfe) |
| Filing 223 Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 9/20/2012 re: The Plaintiff States1 write to clarify certain issues raised in Dan McInnis's September 19, 2012 letter to the Court on behalf of Penguin Group (USA) Inc. Penguin's letter conflates two separate actions that have been consolidated under the above-referenced MDL case number. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(jfe) |
| Filing 222 ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 9/19/2012 re: Counsel writes regarding the Court's preliminary approval of the state settlement (DE 221) and its effect upon the schedule for class certification. Penguin therefore respectfully asks that class certification briefing and decision thereon be postponed until after final settlements between the settling Defendants and the states are approved, or that the Court otherwise provide guidance on how it intends any such class certification process to proceed in light of the foregoing. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 9/20/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(jfe) |
| Filing 219 ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew J. Frackman dated 9/17/2012 re: Counsel writes in response to Amazon's September 14 letter. We disagree with Amazon and believe the case authority shows that this Court, where the MDL is pending, has jurisdiction over discovery disputes. We enclose a courtesy copy of the notice we have filed in the Western District of Washington that sets forth the relevant case authority. ENDORSEMENT: This Court shall promptly address the discovery dispute in the event it is transferred form the Western District of Washington. (Signed by Judge Denise L. Cote on 9/18/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC (djc) |
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Filing 221
[CORRECTED] ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS: re: (15 in 1:12-cv-06625-DLC. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order, and as further set forth. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on February 8, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlements, the dismissal with prejudice of this action as to the Defendants, and the entry of final judgment in this action, and as further set forth. ( Fairness Hearing set for 2/8/2013 at 10:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/17/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC (djc)
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| Filing 220 Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/17/2012 re: Liaison Counsel for Plaintiff States received the signed Order Preliminarily Approving the Proposed Settlements last Friday. We greatly appreciate the opportunity to proceed to give notice of the settlements to consumers and will do so will all diligence.(djc) |
| ***DELETED DOCUMENT. Deleted document number 218 ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS The document was incorrectly filed in this case. (djc) |
| Filing 217 ANSWER to 47 Amended Complaint,,. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..(Buchweitz, Yehudah) |
| Filing 216 ANSWER to 47 Amended Complaint,, with JURY DEMAND. Document filed by HarperCollins Publishers L.L.C..(Goldfein, Shepard) |
| Filing 215 ANSWER to 47 Amended Complaint,,. Document filed by Hachette Book Group, Inc, Hachette Digital, Inc., Hachette Livre SA.(Stuart, Walter) |
| Filing 214 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (3 in 1:12-cv-06625-DLC) MOTION to Approve of Settlements and Proposed Notice and Distribution Plans. (SECOND SUPPLEMENTAL MEMO AND SUPPLEMENTAL APPENDICES). Document filed by The State of Texas. (Attachments: # 1 Supplement Appendix H, # 2 Supplement Appendix J, # 3 Supplement Appendix K, # 4 Supplement Appendix L)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
| Filing 213 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: (3 in 1:12-cv-06625-DLC) MOTION to Approve of Settlements and Proposed Notice and Distribution Plans.. Document filed by The State of Texas. (Attachments: # 1 Appendix F, # 2 Appendix H, # 3 Appendix J, # 4 Appendix K, # 5 Affidavit L)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) |
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Filing 212
ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENTS. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order, and as further set forth. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on February 8, 2013 at 10:00 a.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY, 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlements, the dismissal with prejudice of this action as to the Defendants, and the entry of final judgment in this action, and as further set forth. (Fairness Hearing set for 2/8/2013 at 10:00 AM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/13/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(rjm)
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| Filing 211 Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/13/2012 re: In response to comments you made during our call yesterday, Plaintiff States revised and attach (to the cover email for this letter) the following revised documents: 1) Exhibits A, B, and D to the Notice Plan (Appendix H to Memorandum in Support of Plaintiff States' Motion for Preliminary Approval of Settlements and Proposed Consumer Notice and Distribution Plans); 2) The Proposed Order for Preliminary Approval (Appendix J to the Memorandum in Support); and 3) The Claim Form and the Exclusion Form referred to in the various notices, and as further specified in this letter. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-06625-DLC(rjm) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 9/10/2012. (Court Reporter Rebecca Forman) Associated Cases: 1:11-md-02293-DLC et al.(gr) |
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Filing 210
ORDER: These cases involve alleged anticompetitive conduct bydefendants, including companies that publish electronic books.During a conference held on December 20, 2011, the Court notified counsel for all parties that it has purchased electronic books. By Order of that same day, the Court waived any interest it might have in the putative class action. It is hereby ORDERED that the Court waives as well any interest it might have in the above-captioned parens patriae lawsuits, The State of Texas, et al. v. Penguin Group (USA) Inc., et al., 12 Civ. 3394 (DLC) and The State of Texas, et al. v. Hachette Book Group Inc., et al., 12 Civ. 6625 (DLC). (Signed by Judge Denise L. Cote on 9/10/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(ago)
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| Filing 209 ENDORSED LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated 9/6/2012 re: Rebecca Fisher of the Texas Attorney General's Office writes to request that the Court waive the requirements for admission pro hac vice for all attorneys representing the Plaintiff States who are not already admitted to practice in the Southern District of New York. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/7/2012) (ago) Modified on 9/10/2012 (ago). |
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Filing 208
ORDER: It is hereby ORDERED that a telephone conference regarding the August 29 motion will be held on September 10, 2012 at 4:00 P.M. IT IS FURTHER ORDERED that any parties in the above-captioned actions who wish to appear at the September 10 telephone conference shall contact the offices of plaintiff states' liaison counsel, Rebecca Fisher, the State of Texas Attorney General's Office, P.O. Box 12548, Austin, TX 78711, 512-463-1265. ( Telephone Conference set for 9/10/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/6/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(jfe)
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| Filing 207 ENDORSED LETTER addressed to Judge Denise Cote from Doreen C. Johnson dated 8/27/2012 re: Accordingly, we respectfully request that the Court permit us to file a brief up to 32 pages in length. ENDORSEMENT: GRANTED. (Signed by Judge Denise L. Cote on 9/04/2012) (ama) |
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Filing 206
STIPULATION TO EXTEND TIME TO RESPOND TO CONSOLIDATED AMENDED CLASS ACTION COMPLAINT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and the Settling Defendants, subject to the approval of the Court, as follows: Settling Defendants' time to answer, move or otherwise respond to the Complaint is hereby extended to September 14, 2012. SO ORDERED. ( Amended Pleadings due by 9/14/2012.) (Signed by Judge Denise L. Cote on 9/04/2012) (ama)
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| Filing 205 ENDORSED LETTER addressed to Judge Denise L. Cote from Doreen C. Johnson dated 8/14/2012 re: Counsel requests an extension until 8/29/2012 to file the motion for preliminary Approval of the related Settlement Agreements. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/27/2012) (jfe) Modified on 8/28/2012 (jfe). |
| Set/Reset Deadlines: Motions due by 8/29/2012. (jfe) |
| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 204 HAS BEEN REJECTED. Note to Attorney Doreen C. Johnson : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ldi) |
| Filing 204 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to file Motion for Preliminary Approval of Settlements. Document filed by The State of Ohio.(Johnson, Doreen) Modified on 8/15/2012 (ldi). |
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Filing 203
ORDER: that any corrections or observations by Apple that pertain to the Government's Response and motion remain limited to five pages. Apple was required to set forth its analysis of any "substantive deficiencies in the proposed settlement" in its submission during the public comment period. In reviewing the Government's motion, the Court will consider Apple's nine page public comment as well as any submission it makes on August 15. IT IS FURTHER ORDERED that the Court will inform the parties after the motion is fully submitted whether either oral argument or a hearing on the motion would be of assistance to the Court. (Signed by Judge Denise L. Cote on 8/7/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl)
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| Filing 202 MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (201) Motion for George Farah to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 7/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) |
| Filing 201 MOTION for George Farah to Appear Pro Hac Vice. Document filed by Marcia Greene, Aubrie Ann Jones.(pgu) |
| Filing 200 NOTICE OF APPEAL from 190 Memorandum & Opinion. Document filed by Penguin Group (USA), Inc. Filing fee $ 455.00, receipt number 465401044546. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 79 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Digital, Inc., 152 Memorandum of Law in Support of Motion, filed by The State of Texas, 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by HarperCollins Publishers L.L.C., 15 Memorandum of Law in Support of Motion filed by Patsy Diamond, 80 Notice of Appearance filed by Hachette Book Group, Inc., 67 Stipulation of Voluntary Dismissal, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Paul Meyer, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Robert Cheatham, Anthony Petru, Brian McGee, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Brian Brown, Marcus Mathis, Katrina Key, Kamal Sonti, John T. Meyer, Fredric A. Press, David Yastrab, Jeremy Sheppeck, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 52 MOTION for Dianne M. Nast to Appear Pro Hac Vice. filed by Carol Ness, Brian McGee, 94 Order on Motion to Appear Pro Hac Vice, 55 Notice (Other) filed by Kevin Rader-Rhodenbaugh, 46 MOTION for Daniel J. Mogin to Appear Pro Hac Vice. filed by Katrina Key, 143 Letter filed by Penguin Group (USA), Inc., 171 Letter, filed by Apple, Inc., 161 Amended Complaint, 83 Notice of Appearance filed by Hachette Book Group, Inc., 148 Endorsed Letter, 17 MOTION to Appoint Counsel Notice of Hagens Berman's Application to be Appointed Interim Lead Counsel filed by Anthony Petru, 31 Standing Order re Complex Civil Cases, 84 Notice of Appearance filed by Hachette Digital, Inc., 27 Standing Order re Complex Civil Cases, 16 MOTION to Appoint Counsel (Application of Katrina Key for Appointment to Represent a Consolidated Putative Class). MOTION to Appoint Counsel (Application of Katrina Key for Appointment to Represent a Consolidated Putative Class). filed by Katrina Key, 160 Notice of Appearance filed by Holtzbrinck Publishers, LLC, 21 Brief, filed by Clarissa Weiss, Shilpa Grover, Jeffrey Evans, Fredric A. Press, 51 MOTION for Erin C. Burns to Appear Pro Hac Vice. filed by Carol Ness, Brian McGee, 150 Notice of Appearance filed by The State of Texas, 193 Status Report filed by Unites States of America, 192 MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order. filed by MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., 29 Standing Order re Complex Civil Cases, 2 Standing Order re Complex Civil Cases, 77 Rule 7.1 Corporate Disclosure Statement filed by Apple Inc., 119 Order, Set Deadlines/Hearings, 162 Notice (Other) filed by Rhonda Burstein, 141 Standing Order re Complex Civil Cases, 147 Order Staying Case, 59 Order on Motion to Appear Pro Hac Vice, 112 Declaration in Opposition to Motion, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 40 Order on Motion to Appear Pro Hac Vice, 12 Brief, filed by Aubrie Ann Jones, Harrison Goldman, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Marcia Greene, 81 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Book Group, Inc., 180 Answer to Amended Complaint filed by Apple Inc., 109 Order on Motion to Appear Pro Hac Vice, 82 Notice of Appearance filed by Hachette Digital, Inc., 153 Certificate of Service Other, filed by The State of Texas, 177 Notice of Appearance filed by Hachette Livre SA, 135 MDL Conditional Transfer In Order, 33 Standing Order re Complex Civil Cases, 167 Notice of Appearance filed by The State of Texas, 108 Endorsed Letter, 60 Notice of Appearance, filed by MacMillan Publishers, Inc., MacMillan Publishers, Inc, MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., Macmillan, 116 Order on Motion to Appear Pro Hac Vice, 145 Letter, filed by Shilpa Grover, 63 Notice of Appearance filed by Liana Lingofelt, Paul J. Meyer, John T. Meyer, 34 Standing Order re Complex Civil Cases, 75 Notice of Appearance filed by Hachette Digital, Inc., 198 Endorsed Letter, 5 Stipulation and Order, Set Deadlines, 11 Brief, filed by Aubrie Ann Jones, Harrison Goldman, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Marcia Greene, 196 MOTION for Hiram Andrews to Appear Pro Hac Vice. filed by Hachette Digital, Inc., Hachette Book Group, Inc., Hachette Livre SA, 176 Letter, filed by Unites States of America, 58 Order on Motion to Appear Pro Hac Vice, 173 Letter, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 151 MOTION for Leave to File Second Amended Complaint (Unopposed) filed by The State of Texas, 185 Order, 118 Endorsed Letter, 30 Standing Order re Complex Civil Cases, 183 Scheduling Order, 65 Notice of Appearance filed by Carol Ness, Brian McGee, 124 Letter, filed by Penguin Group USA, Inc., Penguin Group (USA), Inc., 105 Order on Motion to Appear Pro Hac Vice, 129 Reply Memorandum of Law in Support of Motion, filed by Mcmillan Publishers, Inc., The Penguin Group, MacMillan Publishers, Inc., Simon and Schuster, Inc., MacMillan Publishers, Inc, Penguin Group (USA) Inc., Simon & Schuster, Inc., Penguin Group USA, Inc., Simon & Schuster, MacMillian, Inc, Penquin Group (USA) Inc, Simon & Schuster Digital Sales, Inc., Simon & Shuster, Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., Macmillan Publishers, Inc., Macmillan, 120 Notice (Other), Notice (Other), Notice (Other), Notice (Other), Notice (Other) filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 53 MOTION for Richard A. Lockridge to Appear Pro Hac Vice filed by Liana Lingofelt, Paul J. Meyer, John T. Meyer, 3 Order, Set Deadlines/Hearings, 78 Certificate of Service Other filed by Apple Inc., 36 Notice of Appearance filed by Andreas Albeck, 64 Notice of Appearance, filed by Mcmillan Publishers, Inc., MacMillan Publishers, Inc., MacMillan Publishers, Inc, MacMillian, Inc, Holtzbrinck Publishers, LLC, Macmillan Publishers, Inc., Macmillan, 9 Notice of Appearance filed by Katrina Key, 56 Order on Motion to Appear Pro Hac Vice, 165 Answer to Amended Complaint filed by Apple Inc., 188 Affidavit of Service Complaints, filed by Chad Miller, Christian Gilstrap, Clarissa Weiss, Liana Lingofelt, Thomas Friedman, Kathleen Weiss, Gretchen Ulbee, Aubrie Ann Jones, Jessica Moyer, Kathleen Linda Pitlock, Carol Ness, Miriam Cummings, Paul J. Meyer, Aloysius J. Brown, Iii, Sue Roberts, Harrison Goldman, Patsy Diamond, Steven Rivers, Carole C. Kehl, Juan Sotomayor, Shane S. Davis, Cyrus Joubin, Diane Urbanec, Kevin Rader-Rhodenbaugh, Shilpa Grover, Eugenia Ruane-Gonzales, Steven D. Campbell, Rhonda Burstein, Cynthia J. Tyler, Andreas Albeck, James L. Nesmith, Susan Horowitz, Rebecca L. Rossman, Grace Hoke, Kimberly Whiteside Brooks, Laura J. Warner, Amy D. Nolan, Anne M. Rinaldi, Ed Macauley, Charles Leonard Pelton, Sr., Brian McGee, Anthony Petru, Robert Cheatham, Marcia Greene, Jeffrey Evans, Barbara Heath, Matthew A. Hosking, Katrina Key, Marcus Mathis, Brian Brown, Kamal Sonti, Elvira Monzon, John T. Meyer, Fredric A. Press, Jeremy Sheppeck, David Yastrab, Lauren Albert, Sue Ellen Gordon, Ronna Hamelin, 99 Declaration in Support of Motion, filed by Penguin Group USA, Inc., 7 Standing Order re Complex Civil Cases, 101 Notice of Appearance filed by HarperCollins Publishers L.L.C., 45 Certificate of Service Complaints filed by Anthony Petru, Marcus Mathis, 42 MDL Conditional Transfer In Order,, 66 Notice of Appearance filed by Carol Ness, Brian McGee, 72 Endorsed Letter, 127 Declaration in Support, filed by Simon & Schuster, Inc., Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., 57 Order on Motion to Appear Pro Hac Vice, 103 Order on Motion to Appear Pro Hac Vice, 96 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Book Group, Hackette book group, inc., Hatchette book group, inc., Hachette Book Group, Inc, Hachette Book Group, Inc., 23 Case Management Plan, |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 200 Notice of Appeal. (tp) |
| CASHIERS OFFICE REMARK on 201 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/25/2012, Receipt Number 1044606. (jd) |
| Filing 199 Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 7/16/2012 re: Class Plaintiffs respectfully ask for an informal discovery conference concerning Walter Isaacson's refusal to produce recordings and notes of Steve Jobs' statements, Mr. Isaacson wrote Steve Jobs' biography and asserts the reporter's privilege bars production of any of Mr. Jobs' non-published statements whatsoever, and in particular, concerning Apple's eBook strategy. (rjm) |
| Filing 198 ENDORSED LETTER addressed to Judge Denise L. Cote from Elizabeth A. McNamara dated 7/18/2012 re: We represent non-party Walter Isaacson and this letter responds to the July 16, 2012 letter from counsel for Class Plaintiffs in the captioned matter seeking "an informal discovery conference" relating to their subpoena dated May 21, 2012 to Mr. Isaacson (the "Subpoena"), author of the Steve Jabs biography (the "Biography"). ENDORSEMENT: The plaintiff may renew its application when it can show that it meets the test for disclosure of non confidential material. See U.S. v Treacy, 639 F3d 32, 42 (2d Cir. 2011). (Signed by Judge Denise L. Cote on 7/20/2012) (rjm) |
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Filing 197
ORDER granting 196 Motion for Hiram Andrews to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/11/2012) (ama)
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| Filing 196 MOTION for Hiram Andrews to Appear Pro Hac Vice. Document filed by Hachette Book Group, Inc., Hachette Digital, Inc., Hachette Livre SA.(pgu) |
| CASHIERS OFFICE REMARK on 196 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/10/2012, Receipt Number 1043070. (jd) |
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Filing 195
ORDER: It is hereby ordered that the stay in this litigation as to defendant Hachette Digital, Inc. is extended from July 11, 2011 to August 10, 2012. (Signed by Judge Denise L. Cote on 7/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(js)
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| Filing 194 MEMO ENDORSED ON MOTION FOR ADMISSION PRO HAC VICE: granting 191 Motion for Richard Snyder to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/9/2012) (js) |
| Filing 193 STATUS REPORT. Revised Joint Initial Report Document filed by Unites States of America. (Attachments: # 1 Exhibit Schedule, # 2 Exhibit Revised ESI Report)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie) |
| Filing 192 MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order. Document filed by Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc...(Mitnick, Joel) |
| CASHIERS OFFICE REMARK on 191 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/02/2012, Receipt Number 1042551. (jd) |
| Filing 191 MOTION for Richard Snyder to Appear Pro Hac Vice. Document filed by Hachette Book Group, Inc., Hachette Digital, Inc., Hachette Livre SA.(pgu) |
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Filing 190
OPINION & ORDER # 102013 denying as to plaintiffs' federal claims re: (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings filed by Penguin Group USA, Inc. (Signed by Judge Denise L. Cote on 6/27/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 6/29/2012 (ft).
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| Filing 189 Letter addressed to Judge Denise L Cote from Gabriel R Gervey and Gary Becker dated 6/26/2012 re: Plaintiff states are aenable to a bench trial. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 188 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. Hachette Livre SA served on 6/4/2012, answer due 8/3/2012. Service was accepted by Mr. Mignan Denis, In House Counsel. Document filed by Cyrus Joubin; John T. Meyer; Steven D. Campbell; Marcus Mathis; Shane S. Davis; Elvira Monzon; Liana Lingofelt; Kimberly Whiteside Brooks; Rebecca L. Rossman; Steven Rivers; Aloysius J. Brown, Iii; Brian McGee; Charles Leonard Pelton, Sr; Kamal Sonti; Diane Urbanec; Jessica Moyer; Barbara Heath; Cynthia J. Tyler; Andreas Albeck; Jeffrey Evans; Matthew A. Hosking; Grace Hoke; Eugenia Ruane-Gonzales; Carole C. Kehl; Thomas Friedman; Fredric A. Press; Miriam Cummings; Aubrie Ann Jones; Katrina Key; Rhonda Burstein; Amy D. Nolan; Paul J. Meyer; Ronna Hamelin; Kathleen Linda Pitlock; Juan Sotomayor; David Yastrab; Susan Horowitz; Clarissa Weiss; Ed Macauley; Sue Roberts; Shilpa Grover; Carol Ness; Gretchen Ulbee; Kevin Rader-Rhodenbaugh; Lauren Albert; Brian Brown; Christian Gilstrap; Kathleen Weiss; Laura J. Warner; Chad Miller; Jeremy Sheppeck; James L. Nesmith; Robert Cheatham; Anthony Petru; Patsy Diamond; Marcia Greene; Anne M. Rinaldi; Sue Ellen Gordon; Harrison Goldman. (Dubner, Jeffrey) |
| Filing 187 Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 6/20/12 re: The United States believes that discovery should proceed without delay and that the resolution of the United States' claims need not be combined with trials in the other sets of cases. Document filed by Unites States of America.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro) |
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Filing 186
STIPULATION AND STAY ORDER: The Stay Order be amended to add HLSA as an additional Settling Defendant protected by and subject to the same terms of the existing Stay Order until 7/11/2012. (Signed by Judge Denise L. Cote on 6/25/2012) (jar)
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Filing 185
ORDER: With respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: see order. A copy shall simultaneously be delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court. No e-mailed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)
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| Filing 184 Letter addressed to Judge Denise L. Cote from Shepard Goldfein dated 6/21/2012 re: response to characterizations of the settling defendants' position set forth in the barrage of letters taht have been submitted relating to the Joint Report. Document filed by Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Simon & Schuster, Inc.(jar) |
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Filing 183
SCHEDULING ORDER: Amended Initial Report due by 7/6/20121. Government shall file any motion with respect to a proposed final judgment in 12cv2826 by 8/3/2012, Responses due by 8/15/2012, replies due by 8/22/2012. Fact Discovery due by 3/22/2012. Expert Discovery due by 3/22/2012. The plaintiffs in 12cv3394 shall submit by 8/20/2012, any motion for preliminary approval of any settlement agreement. Any motion to certify class in 11MD2293 must be submitted by 11/16/2012. The defendants' opposition due by 12/14/2012. Plaintiffs' reply due by 1/18/2012. Joint pretrial order due by 4/26/2013 in 12cv2826. Motions in limine in 12cv2826 are due by 4/26/2012, responses due by 5/3/2012, replies due by 5/8/2012. Final pretrial conference in 12cv2826 is scheduled for 5/24/2013 at 2:00 p.m. in Courtroom 15B, 500 Pearl Street. Trial in 12cv2826 will begin on 6/3/2013 at 9:30 a.m. Any motion for summary judgment in the above listed actions in 11MD2293 or 12cv3394 must be served by 9/13/2013, any opposition served by 10/4/2012, any reply due by 10/18/2012. All other deadlines are as set forth in this order. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)
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| Filing 182 ANSWER to 161 Amended Complaint,,,. Document filed by Penguin Group (USA), Inc..(Sheedy, Allison) |
| Filing 181 ANSWER to 161 Amended Complaint,,,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) |
| Filing 180 ANSWER to 161 Amended Complaint,,, with JURY DEMAND. Document filed by Apple Inc.. (Attachments: # 1 Certificate of Service)(Floyd, Daniel) |
| Filing 179 NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Livre SA (Rubin, Samuel) |
| Filing 178 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lagardere SCA, Corporate Parent Hachette SA for Hachette Livre SA. Document filed by Hachette Livre SA.(Stuart, Walter) |
| Filing 177 NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Livre SA (Stuart, Walter) |
| Filing 176 Letter addressed to Judge Denise L Cote from Mark W Ryan dated 6/20/2012 re: Discovery should proceed without delay and the resolution of the United States' claims need not be combined with trials in the other set of cases. Document filed by Unites States of America. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd) |
| Filing 175 Letter addressed to Judge Denise L Cote from Gabriel R Gervey and W. Joseph Nielsen dated 6/20/2012 re: Plaintiff States request that the Court adopt the Plaintiffs' proposed schedule. Document filed by Plaintiff States.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 174 Letter addressed to Judge Denise L Cote from Shepard Goldfein dated 6/19/2012 re: Settling defendants have complied with the terms of their 4/11/12 memorandum of understanding. Document filed by Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Simon & Schuster.(cd) |
| Filing 173 Letter addressed to Judge Denise L Cote from Joel M Mitnick dated 6/20/2012 re: Remaining Disputes and the Joint Initial Report. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 172 Letter addressed to Judge Denise L Cote from Steve W Berman dated 6/20/2012 re: Disputes to the Joint Initial Report, filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 171 Letter addressed to Judge Denise L Cote from Daniel Floyd dated 6/19/2012 re: Apple's position on the remaining disputes among the parties re joint initial report. Document filed by Apple, Inc.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 170 STATUS REPORT. Joint Initial Report of All Parties Document filed by United States Of America. (Attachments: # 1 Exhibit Proposed Schedules, # 2 Exhibit Parties' Current Disputes, # 3 Exhibit Joint ESI Submission)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie) |
| CASHIERS OFFICE REMARK on 168 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/08/2012, Receipt Number 1040441. (jd) |
| Filing 169 MEMO ENDORSEMENT granting 168 Motion for Gregory J. Granitto to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/11/2012) (tro) |
| Filing 168 MOTION for Gregory J. Granitto to Appear Pro Hac Vice. Document filed by Penguin Group (USA), Inc., Penguin Group USA, Inc.(pgu) |
| Filing 167 NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas (Lipman, Eric) |
| Filing 166 CERTIFICATE OF SERVICE of Apple Inc.'s Answer to Consolidated Amended Class Action Complaint served on All Counsel of Record on May 29, 2012. Service was made by Mail. Document filed by Apple Inc.. (Floyd, Daniel) |
| Filing 165 ANSWER to 47 Amended Complaint,, with JURY DEMAND. Document filed by Apple Inc..(Floyd, Daniel) |
| Filing 164 ANSWER to 47 Amended Complaint,,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) |
| Filing 163 ANSWER to 47 Amended Complaint,,. Document filed by Penguin Group (USA), Inc..(McInnis, Daniel) |
| Filing 162 NOTICE of Withdrawal of Counsel John D. Radice. Document filed by Rhonda Burstein. (Nussbaum, Linda) |
| Filing 161 SECOND AMENDED COMPLAINT amending 7 Amended Complaint against Apple Inc., Holtzbrinck Publishers, LLC, Penguin Group (USA) Inc. with JURY DEMAND.Document filed by the State of Tennessee, The State of Missouri, The Commonwealth of Pennsylvania, The State of Iowa, The State of Texas, The State of Ohio, The State of Arizona, The State of South Dakota, The State of Vermont, The State of Colorado, The Commonwealth of Puerto Rico, The State of Illinois, The State of Alaska, The State of Connecticut, The State of West Virginia, The State of Maryland, The Commonwealth of Virginia, The State of New York, The State of Arkansas, The State of Louisiana, The State of Wisconsin, The State of Delaware, The State of Utah, The State of North Dakota, The State of Nebraska, The State of Alabama, The District of Columbia, The State of Michigan, The Commonwealth of Massachusetts, The State of New Mexico, The State of Kansas, The State of Idaho.***Also docketed in case number 12cv3394. (mro) |
| Filing 160 NOTICE OF APPEARANCE by John Joseph Lavelle on behalf of Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC (Lavelle, John) |
| Filing 159 NOTICE OF APPEARANCE by David Joseph Carey on behalf of Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC (Carey, David) |
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Filing 158
ORDER GRANTING JOINT MOTION TO DISMISS WITHOUUT PREJUDICE SIMON & SCHUSTER, INC. AND SIMON & SCHUSTER DIGITAL SALES, INC: in case 1:11-md-02293-DLC; granting (82) Motion to Dismiss; granting (86) Motion to Dismiss in case 1:12-cv-03394-DLC; granting [] Motion to Dismiss; granting [] Motion to Dismiss in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(cd)
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Filing 156
OPINION & ORDER # 101815: The Publisher Defendants' 3/2/2012 Motion to Dismiss is denied. Apple's 3/2/2012 Motion to Dismiss is also denied re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by HarperCollins Publishers L.L.C., (73 in 1:11-md-02293-DLC) MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Apple Inc. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 5/21/2012 (ft).
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| Filing 157 ENDORSED LETTER addressed to Judge Denise L Cote from Jennifer R Scullion dated 5/14/2012 re: Request to amend the Stay order to add Simon Schuster as an additional Settling Defendant protected by and subject to the terms of the existing Stay Order. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/14/2012) (cd) |
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Filing 155
ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT: Having reviewed Plaintiff States' unopposed motion for leave to file a second amended complaint and the memorandum in support filed therewith, and upon all pleadings and proceedings heretofore had herein, Plaintiff States' motion is GRANTED. granting (151) Motion for Leave to File Document in case 1:11-md-02293-DLC; granting (74) Motion for Leave to File Document in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 5/11/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rdz)
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| Filing 154 ENDORSED LETTER addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 5/10/2012 re: In counsel for the Additional States also need not move for admission pro hac vice, and that, going forward, attorneys from the Offices of the Texas or Connecticut Attorneys General, who are already counsel of record, may sign and file documents on behalf of the Plaintiff States without obtaining original signatures from counsel for each individual state. This will minimize the logistical burden associated with filings in this case and is consistent with the approach taken in connection with the filing of the proposed stipulated protective order, which was entered by the Court yesterday, May 9, 2012. To the extent this procedure is not acceptable to the Court, and the Court will require counsel from the Additional States to be admitted pro hac vice, we would alternatively and respectfully request that the Court consider granting a waiver of the $200 fee per attorney and the requirement that all counsel submit copies of Certificates of Good Standing from each jurisdiction in which the attorney is licensed to practice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/11/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rdz) |
| Filing 153 CERTIFICATE OF SERVICE of Unopposed Motion for Leave to File Second Amended Complaint and Memorandum in Support served on Defendants Penguin Group(USA), Inc., Holtzbrinck Publishers, LLC d/b/a MacMillan, Apple Inc., and Simon & Schuster, Inc. on 5-11-12. Service was made by MAIL. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 152 MEMORANDUM OF LAW in Support re: (151 in 1:11-md-02293-DLC, 74 in 1:12-cv-03394-DLC) MOTION for Leave to File Second Amended Complaint (Unopposed).. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 151 MOTION for Leave to File Second Amended Complaint (Unopposed). Document filed by The State of Texas. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) |
| Filing 150 NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas Filed In Associated Cases: 1:11-md-02293-DLC et al.(Lipman, Eric) |
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Filing 149
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 5/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb)
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| Filing 148 ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson and Daniel McCuaig dated 5/3/2012 re: The undersigned writes as liaison counsel to provide the Court with a further update on the parties' efforts to negotiate a protective order for the Court's consideration. With apologies for the delay, unless the Court instructs otherwise, the parties will submit a proposed protective order to the Court on or before next Monday (May 7th). ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/4/2012) (pl) Modified on 5/11/2012 (pl). |
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Filing 147
ORDER STAYING CASE until 7/11/2012 as to defendants HarperCollins Publishers, Hachette Book Group, Inc, Hachette Digital Inc. (settling defendants), and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/1/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
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| Filing 146 Letter addressed to Judge Denise L Cote from Gabriel R Gervey dated 4/30/2012 re: Memorandum of Understanding with Simon & Schuster is possible. Document filed by The State of Texas et al.(cd) |
| Filing 145 Letter addressed to Judge Denise L Cote from Steve W Berman dated 4/30/2012 re: We submit an alternative Stay Order for the court's consideration. Document filed by Shilpa Grover et al.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd) |
| Filing 144 Letter addressed to Judge Denise L Cote from Shepard Goldfein dated 4/30/2012 re: The settling defendants request that the Court enter the eclosed Stay Order. Document filed by HarperCollins Publishers L.L.C.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) |
| Filing 143 Letter addressed to Judge Denise L Cote from Daniel Ferrel McInnis dated 4/30/2012 re: We request that the Court decide Penguin's pending motion. Document filed by Penguin Group (USA), Inc.(cd) |
| Filing 142 Letter addressed to Judge Denise L. Cote from Daniel G. Swanson and Daniel McCuaig dated 4/27/2012 re: Counsels write as liaison counsel to provide the Court with an update on the parties' efforts to negotiate a protective order for the Court's consideration. Document filed by Apple Inc. United States Of America.(ft) |
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Filing 141
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases; 1:12-cv-3394-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
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| Filing 140 Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 4/25/2012 re: Per our discussion at the April 18, 2012 Status Conference, HaneL. Kim, my colleague from Gibson Dunn's New York office, will serve as coordinating counsel for non-settling defendants in the above-captioned actions. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(ama) |
| Filing 139 NOTICE OF APPEARANCE by Hane Lee Kim on behalf of Apple Inc. (Kim, Hane) |
| Filing 135 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-3) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Texas, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/26/2012) (sjo) |
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Filing 138
ORDER: ORDERED that, unless Penguin advises the Court by April 30, 2012 that it wishes its March 2 motion to stay proceedings and compel arbitration to be addressed, the motion will be deemed withdrawn. IT IS FURTHER ORDERED that in the event Penguin files a renewed motion to arbitrate, any party opposing the motion may present any arguments that are appropriate, including that Penguin has waived its right to arbitrate. (Signed by Judge Denise L. Cote on 4/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc)
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| Filing 137 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 4/24/2012 re: We are writing on behalf of the putative class in response to Penguin Group (USA) Inc.'s letter of April 23, 2012 in support of its pending motion to compel arbitration. ENDORSEMENT: Counsel are reminded that letters to the Court should not exceed two pages. (Signed by Judge Denise L. Cote on 4/25/2012) (djc) |
| Filing 136 Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 4/23/2012 re: Because the Court need not resolve Penguin's motion at this time, and additional time would allow for the Second Circuit to conclude the proceedings in a principal case governing the motion, Penguin's view is that it would be best to postpone consideration of its motion to compel arbitration Document filed by Penguin Group (USA), Inc.(djc) |
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Filing 134
CASE MANAGEMENT ORDER: It is hereby ORDERED as follows: 1. Any application by Penguin Group USA, Inc. to withdraw its Motion to Compel Arbitration and Stay Proceedings must be submitted by April 27, 2012. 2. The Government and defendants Hachette Book Group, Inc.; HarperCollins Publishers L.L.C.; and Simon & Schuster, Inc. (collectively, the "Settling Parties") shall submit a proposed order for a stay by April 30, 2012. 3. The Government shall file any motion with respect to a proposed final judgment by July 27. Any submissions in response to this motion by a party in one of the above-captioned actions shall be filed by August 8, 2012, and shall not exceed 5 pages. The limit of 10 pages described at the conference is hereby reduced to 5 pages. The Government shall have until August 15, 2012 to file any reply. IT IS FURTHER ORDERED that a conference in these actions, and any related actions subsequently accepted by this Court, will be held on June 22, 2012 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. IT IS FURTHER ORDERED that prior to the June 22, 2012 conference, the parties in these actions, and any related actions subsequently accepted by this Court, shall submit to the Court a proposal for coordinated discovery and a proposed confidentiality agreement. Motions due by 7/27/2012. Responses due by 8/8/2012. Replies due by 8/15/2012. Status Conference set for 6/22/2012 at 02:30 PM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/23/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm)
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| CASHIERS OFFICE REMARK on 115 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/03/2012, Receipt Number 1034235. (jd) |
| Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 4/18/2012. Court Reporter: Denise Richards present Associated Cases: 1:11-md-02293-DLC et al.(djc) |
| Filing 133 Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 4/16/12 re: Counsel for the plaintiff writes to notify the Court that the plaintiff States will not contest transfer of the State Action to the SDNY. ***Accepted for filing as a Docket and File from Chambers.(mro) |
| Filing 132 Letter addressed to Judge Denise L. Cote from Shepard Goldfein dated 4/11/2012 re: Counsel for defendant requests a status conference with the Court to discuss the Court's present scheduling order and the manner in which the purported Class Actions should proceed given these developments. Document filed by HarperCollins Publishers L.L.C.(js) |
| Filing 131 Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 4/12/2012 re: Counsel understands that the Court will hold a status conference soon and has asked that lawyers from the Antitrust Division of the Department of Justice to attend. Given that the Texas case will be transferred to this Court, Counsel suggests that the same invitation be extended to the plaintiffs' counsel in the Texas tag-along case. Document filed by Penguin Group (USA), Inc., Penguin Group USA, Inc.(js) |
| Filing 130 Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 4/12/2012 re: Plaintiffs' position is that Defendants should file their reply papers on Court's previously ordered schedule. Second, with respect to the Settling Defendants' request for a status conference, it is unclear exactly what they are seeking. Third, we have requested that each Defendant produce to plaintiffs the documents and/or testimony they have already provided to governmental authorities. Document filed by Plaintiffs(js) |
| Filing 129 REPLY MEMORANDUM OF LAW in Support re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by MacMillan Publishers, Inc., Mcmillan Publishers, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., Simon & Schuster, Inc., Penguin Group (USA), Inc., Simon & Schuster, Inc., MacMillan Publishers, Inc, Penquin Group (USA) Inc, Macmillan, Simon & Schuster, Simon & Schuster, Inc., Simon & Shuster, Simon and Schuster, Inc., Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.., Penguin Group USA, Inc., Simon & Schuster Digital Sales, Inc., The Penguin Group. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel) |
| Filing 128 REPLY MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group (USA), Inc.. (Attachments: # 1 Exhibit Certificate of Service)(Donohoe, David) |
| Filing 127 DECLARATION of Allison Sheedy in Support re: 126 Reply,. Document filed by Holtzbrinck Publishers, LLC(Doing business as Macmillan), Penguin Group (USA), Inc., Simon & Schuster, 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 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit Certificate of Service)(Donohoe, David) |
| Filing 126 REPLY re: 110 Opposition Brief,,,, re Notice of Request for Judicial Notice. Document filed by Holtzbrinck Publishers, LLC(Doing business as Macmillan), Penguin Group (USA), Inc., Simon & Schuster, Inc.. (Attachments: # 1 Exhibit Certificate of Service)(Donohoe, David) |
| Filing 122 CERTIFICATE OF SERVICE of Reply Memorandum served on All Counsel of Record on 04/13/12. Document filed by Apple Inc.. (Floyd, Daniel) |
| Filing 121 REPLY MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Apple Inc.. (Floyd, Daniel) |
| Filing 125 Letter addressed to Judge Denise L. Cote from Stephard Goldfein dated 4/11/2012 re: counsel for Defendants HarperCollins Publishers, L.L.c. ("HarperCollins"), Simon & Schuster, Inc. ("Simon & Schuster") and Hachette Book Group, Inc. and Hachette Digital, Inc. (together, "Hachettelt ) in regard to the above-referenced matter to request a status conference at the Court's earliest convenience. Document filed by HarperCollins Publishers L.L.C.(pl) |
| Filing 124 Letter addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 4/12/2012 re: counsel for Penguin Group (USA) Inc. filed a notice of potential tag-along with the Judicial Panel on Multidistrict Litigation concerning a related case styled The State of Texas, et at. vs. Penguin Group (USA) Inc, et at., 1:12-CV-0324 (W.D. Tx.). I respectfully suggest that the same invitation be extended to thc plaintiffs' counsel in the Texas tag-along case. Document filed by Penguin Group (USA), Inc., Penguin Group USA, Inc..(pl) |
| Filing 123 Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 4/12/2012 re: Plaintiffs write to respond to two letters submitted to the Court on April 11,2012.. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman.(pl) |
| Filing 120 NOTICE of Related Action. Document filed by Andreas Albeck, Lauren Albert, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (Attachments: # 1 Exhibit A - Schedule of New Related Action, # 2 Exhibit B - Complaint, # 3 Certificate of Service)(Pierson, Kit) |
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Filing 119
ORDER: Conference set for 4/18/2012 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Counsel representing parties in any related litigation, including The State of Texas, et al. vs Penquin Group (USA) Inc., et al., 12 CV 0324(W.D. TX), may also attend. Counsel for the defendants are requested to notify the plaintiffs in any related action of this Order. (Signed by Judge Denise L. Cote on 4/12/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
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| Filing 118 ENDORSED LETTER addressed to Judge Denise L Cote from Joel M Mitnick dated 4/11/2012 re: Macmillan and Penguin would be committed to moving the class action along and Penguin has also authorized me to inform the Court that it is prepared to file its reply brief relating to Penguin Group (USA), Inc.'s Motion to Stay Proceedings and Compel Arbitration this Friday. Plaintiffs have not consented to this request for a two-week extension of time. We are available immediately by telephone or in person to address this issue with the Court. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 4/12/2012) (cd) |
| Filing 117 ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel S. Floyd dated 4/11/12 re: Counsel writes on behalf of Apple Inc. to request the Court's permission to file a 16-page Reply in support of Apple's Motion to Dismiss the Consolidated Amended Class Action Complaint. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/11/2012) (mro) |
| Filing 116 MEMO ENDORSEMENT granting 115 Motion for Jeffrey L. Kodroff to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/10/2012) (mro) |
| Filing 114 NOTICE of Supplemental Authority re: 113 Memorandum of Law in Opposition to Motion,. Document filed by Anthony Petru, et al.. (Attachments: # 1 Attachment A)(Berman, Steve) |
| Filing 115 MOTION for Jeffrey L. Kodroff to Appear Pro Hac Vice. Document filed by Patsy Diamond.(bwa) |
| Filing 113 MEMORANDUM OF LAW in Opposition re: 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint., 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Anthony Petru, et al.. (Berman, Steve) |
| Filing 112 DECLARATION of Kit A. Pierson in Opposition re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (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, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN - Part 1 of 3, # 41 Exhibit NN - Part 2 of 3, # 42 Exhibit NN - Part 3 of 3, # 43 Certificate of Service)(Pierson, Kit) |
| Filing 111 MEMORANDUM OF LAW in Opposition re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Eugenia Ruane-Gonzales(Eugenia Ruane-Gonzales), Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (Attachments: # 1 Certificate of Service)(Pierson, Kit) |
| Filing 110 OPPOSITION BRIEF re: 90 Notice (Other), Notice (Other) Plaintiffs' Opposition to Publisher Defendants' Request for Judicial Notice. Document filed by Andreas Albeck, Lauren Albert, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Brian Brown, Rhonda Burstein, Steven D. Campbell, Robert Cheatham, Miriam Cummings, Shane S. Davis, Patsy Diamond, Jeffrey Evans, Thomas Friedman, Christian Gilstrap, Harrison Goldman, Sue Ellen Gordon, Marcia Greene, Shilpa Grover, Ronna Hamelin, Barbara Heath, Grace Hoke, Susan Horowitz, Matthew A. Hosking, Aubrie Ann Jones, Cyrus Joubin, Carole C. Kehl, Katrina Key, Liana Lingofelt, Ed Macauley, Marcus Mathis, Brian McGee, John T. Meyer, Paul J. Meyer, Chad Miller, Elvira Monzon, Jessica Moyer, James L. Nesmith, Carol Ness, Amy D. Nolan, Charles Leonard Pelton, Sr, Anthony Petru, Kathleen Linda Pitlock, Fredric A. Press, Kevin Rader-Rhodenbaugh, Anne M. Rinaldi, Steven Rivers, Sue Roberts, Rebecca L. Rossman, Eugenia Ruane-Gonzales, Jeremy Sheppeck, Kamal Sonti, Juan Sotomayor, Cynthia J. Tyler, Gretchen Ulbee, Diane Urbanec, Laura J. Warner, Clarissa Weiss, Kathleen Weiss, David Yastrab. (Attachments: # 1 Certificate of Service)(Pierson, Kit) |
| Filing 109 MEMO ENDORSEMENT on 106 Motion for Jeffrey S. Goldenberg to Appear Pro Hac Vice. Granted. (Signed by Judge Denise L. Cote on 3/28/2012) (ft) |
| CASHIERS OFFICE REMARK on 104 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/19/2012, Receipt Number 1032867. (jd) Modified on 3/29/2012 (mj). |
| CASHIERS OFFICE REMARK on 106 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/23/2012, Receipt Number 1033461. (jd) |
| Filing 108 ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 3/26/2012 re: We write on behalf of Plaintiffs to request the Court's permission to file a consolidated opposition to the pending motions to dismiss not to exceed sixty (60) pages. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/26/2012) (lmb) |
| Filing 107 NOTICE OF APPEARANCE by Steven Joesph Greenfogel on behalf of Elvira Monzon (Greenfogel, Steven) |
| Filing 106 MOTION for Jeffrey S. Goldenberg to Appear Pro Hac Vice. Document filed by Miriam Cummings, Carole C. Kehl, Rebecca L. Rossman, Kamal Sonti.(bwa) |
| Filing 105 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/20/2012). Granting (104) Motion for Allison Sheedy to Appear Pro Hac Vice in case 1:11-md-02293-DLC. Filed In Associated Cases: 1:11-md-02293-DLC et al. (rjm) Modified on 3/21/2012 (rjm). |
| Filing 104 MOTION for Allison Sheedy to Appear Pro Hac Vice. Document filed by Penguin Group USA, Inc..(bwa) (bwa). |
| Filing 103 MEMO ENDORSEMENT: granting 102 Motion for Daniel E Gustafson to Appear Pro Hac Vice ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/15/2012) (cd) |
| Filing 102 MOTION for Daniel E. Gustafson to Appear Pro Hac Vice. Document filed by Brian McGee, Carol Ness.(pgu) |
| Filing 101 NOTICE OF APPEARANCE by Matthew Michael Martino on behalf of HarperCollins Publishers L.L.C. (Martino, Matthew) |
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Filing 100
ORDER: It is hereby ORDERED that the plaintiffs' opposition must be submitted by March 30, 2012. The defendant's reply, if any, must be submitted by April 13, 2012. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street1 New York, New York. Set Deadlines/Hearing as to (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings. :( Responses due by 3/30/2012, Replies due by 4/13/2012.) (Signed by Judge Denise L. Cote on 3/5/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jfe)
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| Filing 99 DECLARATION of Allison Sheedy in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Donohoe, David) |
| Filing 98 MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Donohoe, David) |
| Filing 97 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Hachette Book Group, Inc., Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc., Hachette Digital, Inc.. Document filed by Hachette Digital, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) |
| Filing 96 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book Group, Hachette Book Group, Hachette Book Group, Inc, Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hackette book group, inc., Hatchette book group, inc.. Document filed by Hachette Book Group, Hachette Book Group, Inc., Hachette Book Group, Inc, Hatchette book group, inc., Hackette book group, inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) |
| Filing 95 MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (69) Motion for Daniel G Swanson to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) |
| Filing 94 MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (70) Motion for Daniel S Floyd to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) |
| Filing 93 MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (71) Motion for Jay Srinivasan to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) |
| Filing 92 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Attachments: # 1 Affidavit (Declaration) of Allison Sheedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Donohoe, David) Modified on 3/5/2012 (ka). |
| Filing 91 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation for Harpercollins Publishers. Document filed by Harpercollins Publishers.(Eckles, Paul) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter B. Stuart to RE-FILE Document 79 Rule 7.1 Corporate Disclosure Statement,,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Walter B. Stuart to RE-FILE Document 81 Rule 7.1 Corporate Disclosure Statement. ERROR(S):Corporate Parents were not added to the spread cases. Please re-file this document. You must highlight the party in each individual case or the corporate parent will not be added. When prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David A. Donohoe to RE-FILE Document 87 Memorandum of Law in Support of Motion. 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) |
| Filing 90 NOTICE of Request for Judicial Notice re: 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by HarperCollins Publishers L.L.C.. (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)(Goldfein, Shepard) |
| Filing 89 MEMORANDUM OF LAW in Support re: 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by HarperCollins Publishers L.L.C.. (Goldfein, Shepard) |
| Filing 88 MOTION to Dismiss The Consolidated Amended Class Action Complaint. Document filed by HarperCollins Publishers L.L.C..(Goldfein, Shepard) |
| Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 86 MOTION to Compel Arbitration and Stay Proceedings.. Document filed by Penguin Group USA, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Affidavit, # 6 Certificate of Service)(Donohoe, David) Modified on 3/5/2012 (ldi). |
| Filing 86 MOTION to Compel Arbitration and Stay Proceedings. Document filed by Penguin Group USA, Inc..(Donohoe, David) |
| Filing 85 NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel) |
| Filing 84 NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel) |
| Filing 83 NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy) |
| Filing 82 NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy) |
| Filing 81 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED TO SPREAD CASES - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book Group, Inc.. Document filed by Hachette Book Group, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) Modified on 3/5/2012 (lb). |
| Filing 80 NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) |
| Filing 79 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED TO SPREAD CASES - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette Book Group, Inc, Corporate Parent Hachette SAS for Hachette Digital, Inc.. Document filed by Hachette Digital, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) Modified on 3/5/2012 (lb). |
| Filing 78 CERTIFICATE OF SERVICE of Rule 7.1 Statement served on All Counsel of Record on March 2, 2012. Document filed by Apple Inc.. (Floyd, Daniel) |
| Filing 77 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple Inc..(Floyd, Daniel) |
| Filing 76 CERTIFICATE OF SERVICE of Motion to Dismiss and Memorandum of Law in Support served on All Counsel of Record on March 2, 2012. Document filed by Apple Inc.. (Floyd, Daniel) |
| Filing 75 NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) |
| Filing 74 MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint.. Document filed by Apple Inc.. (Floyd, Daniel) |
| Filing 73 MOTION to Dismiss the Consolidated Amended Class Action Complaint. Document filed by Apple Inc.. Responses due by 3/30/2012(Floyd, Daniel) |
| CASHIERS OFFICE REMARK on 70 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/23/2012, Receipt Number 1030569. (jd) |
| CASHIERS OFFICE REMARK on 71 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/23/2012, Receipt Number 1030567. (jd) |
| CASHIERS OFFICE REMARK on 69 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/23/2012, Receipt Number 1030568. (jd) |
| Filing 72 ENDORSED LETTER addressed to Judge Denise L. Cote from Paul M. Eckles dated 2/29/2012 re: request a revision to the page length for the Publisher Defendants' contemplated initial motion to dismiss pursuant to Rule 12(b)(6). ENDORSEMENT: GRANTED. (Signed by Judge Denise L. Cote on 3/01/2012) (ama) |
| Filing 68 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Hachette Livre USA, Inc.. Document filed by All Plaintiffs. (Attachments: # 1 Certificate of Service)(Dubner, Jeffrey) |
| Filing 67 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, without prejudice against the defendant(s) Macmillan Publishers, Inc.. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Katrina Key, Cyrus Joubin, John T. Meyer, Rhonda Burstein, Amy D. Nolan, Paul J. Meyer, Steven D. Campbell, Ronna Hamelin, Marcus Mathis, Kathleen Linda Pitlock, Shane S. Davis, Paul Meyer, Juan Sotomayor, Liana Lingofelt, Kimberly Whiteside Brooks, David Yastrab, Rebecca L. Rossman, Steven Rivers, Aloysius J. Brown, Iii, Brian McGee, Susan Horowitz, Clarissa Weiss, Charles Leonard Pelton, Sr, Ed Macauley, Kamal Sonti, Sue Roberts, Diane Urbanec, Shilpa Grover, Carol Ness, Gretchen Ulbee, Jessica Moyer, Kevin Rader-Rhodenbaugh, Barbara Heath, Lauren Albert, Cynthia J. Tyler, Andreas Albeck, Jeffrey Evans, Matthew A. Hosking, Grace Hoke, Brian Brown, Eugenia Ruane-Gonzales, Christian Gilstrap, Laura J. Warner, Kathleen Weiss, Chad Miller, Carole C. Kehl, Jeremy Sheppeck, James L. Nesmith, Robert Cheatham, Patsy Diamond, Anthony Petru, Thomas Friedman, Marcia Greene, Fredric A. Press, Sue Ellen Gordon, Anne M. Rinaldi, Miriam Cummings, Harrison Goldman, Aubrie Ann Jones. (Attachments: # 1 Certificate of Service)(Dubner, Jeffrey) |
| Filing 66 NOTICE OF APPEARANCE by Erin C Burns on behalf of Brian McGee, Carol Ness Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Burns, Erin) |
| Filing 65 NOTICE OF APPEARANCE by Dianne M. Nast on behalf of Brian McGee, Carol Ness Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08608-DLC(Nast, Dianne) |
| Filing 64 NOTICE OF APPEARANCE by Alexandra Shear on behalf of MacMillan Publishers, Inc., Mcmillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Shear, Alexandra) |
| Filing 63 NOTICE OF APPEARANCE by Richard A. Lockridge on behalf of Liana Lingofelt, John T. Meyer, Paul J. Meyer (Lockridge, Richard) |
| Filing 62 NOTICE OF APPEARANCE by W. Joseph Bruckner on behalf of Liana Lingofelt, John T. Meyer, Paul J. Meyer (Bruckner, W.) |
| Filing 61 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MacMillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc...Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel) |
| Filing 60 NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of MacMillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel) |
| CASHIERS OFFICE REMARK on 51 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/15/2012, Receipt Number 1029759. (jd) |
| CASHIERS OFFICE REMARK on 52 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/15/2012, Receipt Number 1029756. (jd) |
| Filing 59 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 54 Motion for W. Joseph Bruckner to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm) |
| Filing 58 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 53 Motion for Richard A. Lockridge to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm) |
| Filing 57 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 51 Motion for Erin C. Burns to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm) |
| Filing 56 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. Granting 52 Motion for Dianne M. Nast to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/27/2012) (rjm) |
| CASHIERS OFFICE REMARK on 53 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/09/2012, Receipt Number 1029198. (jd) |
| CASHIERS OFFICE REMARK on 54 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 02/09/2012, Receipt Number 1029199. (jd) |
| Filing 71 MOTION for Jay Srinivasan to Appear Pro Hac Vice. Document filed by Apple Inc..(bwa) |
| Filing 70 MOTION for Daniel S. Floyd to Appear Pro Hac Vice. Document filed by Apple Inc..(bwa) |
| Filing 69 MOTION for Daniel G. Swanson to Appear Pro Hac Vice. Document filed by Apple Inc..(bwa) |
| Filing 55 NOTICE of CHANGE OF FIRM NAME. Document filed by Kevin Rader-Rhodenbaugh. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-08329-DLC(Kovel, David) |
| Filing 52 MOTION for Dianne M. Nast to Appear Pro Hac Vice. Document filed by Brian McGee, Carol Ness.(bwa) |
| Filing 51 MOTION for Erin C. Burns to Appear Pro Hac Vice. Document filed by Brian McGee, Carol Ness.(bwa) |
| CASHIERS OFFICE REMARK on 49 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 01/11/2012, Receipt Number 1026790. (jd) |
| Filing 54 MOTION for W. Joseph Bruckner to Appear Pro Hac Vice. Document filed by Liana Lingofelt, John T. Meyer, Paul J. Meyer.(pgu) |
| Filing 53 MOTION for Richard A. Lockridge to Appear Pro Hac Vice. Document filed by Liana Lingofelt, John T. Meyer, Paul J. Meyer.(pgu) |
| Filing 50 MEMO ENDORSEMENT ON MOTION FOR ADMISSION PRO HAC VICE granting 49 Motion for Shana E. Scarlett to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 2/1/2012) (djc) |
| Filing 48 MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (46) Motion for Daniel J Mogin to Appear Pro Hac Vice for plaintiff Karina Key in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 1/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) |
| CASHIERS OFFICE REMARK on 46 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 01/19/2012, Receipt Number 1027326. (jd) |
| Filing 47 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against Apple Inc., Holtzbrinck Publishers, LLC, Penguin Group USA, Inc., Hachette Book Group, Inc., HarperCollins Publishers L.L.C., Simon & Schuster, Inc. with JURY DEMAND.Document filed by Steven D. Campbell, Ronna Hamelin, Marcus Mathis, Shane S. Davis, Kathleen Linda Pitlock, Kimberly Whiteside Brooks, Aloysius J. Brown, Iii, Charles Leonard Pelton, Sr, Ed Macauley, Sue Roberts, Diane Urbanec, Jessica Moyer, Barbara Heath, Lauren Albert, Cynthia J. Tyler, Matthew A. Hosking, Christian Gilstrap, Kathleen Weiss, Laura J. Warner, Jeremy Sheppeck, James L. Nesmith, Anthony Petru, Thomas Friedman, Anne M. Rinaldi, Sue Ellen Gordon. ***This document relates to all actions.(mro) |
| Filing 45 CERTIFICATE OF SERVICE. Document filed by Marcus Mathis, Anthony Petru. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Friedman, Jeff) |
| Filing 44 NOTICE OF CHANGE OF ADDRESS by Helene Debra Jaffe on behalf of Simon & Schuster, Inc., Simon & Shuster, Simon & Schuster, Inc., Simon & Schuster, Inc., Simon & Schuster. New Address: Proskauer Rose LLP, Eleven Times Square, New York, New York, USA 10036-8299, 212-969-3900. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Jaffe, Helene) |
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Filing 43
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order.Files in Associated cases: 1:12-cv-476-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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| Filing 42 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 1/19/2012) (sjo) |
| Filing 46 MOTION for Daniel J. Mogin to Appear Pro Hac Vice. Document filed by Katrina Key.(pgu) |
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Filing 41
ORDER FOR ADMISSION PRO HAC VICE in case 1:11-cv-05576-DLC; granting (39) Motion for Richard S. Frankowski to Appear Pro Hac Vice in case 1:11-md-02293-DLC for all purposes as counsel for Plaintiff Katrina Key in the above entitled action. Additional relief as st forth in this Order..(Signed by Judge Denise L. Cote on 1/17/12) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl)
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Filing 40
ORDER FOR ADMISSION PRO HAC VICE granting (37) Motion for Eugene A. Spector to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (36) Motion for Eugene A. Spector to Appear Pro Hac Vice in case 1:11-cv-09014-DLC. It is hereby Ordered that Eugene A. Spector is admitted to appear for all purposes as counsel for Pasty Diamond. (Signed by Judge Denise L. Cote on 1/17/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:11-cv-09014-DLC(mro)
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| CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 1/06/2012, Receipt Number 1026195. (jd) |
| Filing 38 NOTICE OF APPEARANCE by James W. Quinn on behalf of Simon & Schuster (Quinn, James) |
| Filing 39 MOTION for Richard S. Frankowski to Appear Pro Hac Vice. Document filed by Katrina Key.(wb) |
| Filing 36 NOTICE OF APPEARANCE by Gregory Alan Frank on behalf of Andreas Albeck (Frank, Gregory) |
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Filing 35
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases; 1:11-cv-9567-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 34
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases; 1:11-cv-9566-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 33
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9565-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 32
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9564-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 31
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9563-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 30
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Files in Associated Cases: 1:11-cv-9562-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 29
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associared Cases: 1:11-cv-9561-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 28
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. Filed in Associated Cases: 1:11-cv-9560-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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Filing 27
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order.Filed in Associated Cases 1:11-cv-9559-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu)
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| Filing 26 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of California, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/27/2011) (sjo) |
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Filing 25
REVISED CASE MANAGEMENT ORDER: Paragraph III(1)(e) of the December 21 Case Management Order is stricken. The following paragraph is inserted as numbered paragraph III(4): Upon the first appearance of any new defendant(s), Lead Counsel for plaintiffs shall mail to the attorneys for such defendant(s) in such newly filed or transferred case a copy of the December 21 Case Management Order. (Signed by Judge Denise L. Cote on 12/23/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al. (ab)
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| Filing 24 CERTIFICATE OF SERVICE of Case Management Order served on Counsel of Record - Non-transferred N.D. Cal. Actions on 12-22-2011. Document filed by Marcus Mathis, Anthony Petru. (Friedman, Jeff) |
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Filing 23
CASE MANAGEMENT ORDER: Hagens Berman LLP and Cohen Milstein Sellers & Toll PLLC shall serve as Co-Lead Counsel for all plaintiffs in this action and the class. Every pleading filed in this action, and in any separate action subsequently included therein, shall bear the following caption: IN RE: ELECTRONIC BOOKS ANTITRUST LITIGATION. Amended Pleadings due by 3/16/2012. Motions due by 4/13/2012. Responses due by 5/11/2012. Replies due by 5/25/2012. (Signed by Judge Denise L. Cote on 12/21/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ft)
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Filing 22
ORDER: That the Court waives any interest it might have in this putative class action lawsuit. IT IS FURTHER ORDERED that any motion for class certification made in this action shall define the class so as to exclude individuals described in 28 U.S.C. § 455 (b) (4) -(5). (Signed by Judge Denise L. Cote on 12/20/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rdz)
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| Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 12/20/2011. Associated Cases: 1:11-md-02293-DLC et al.(js) |
| Filing 21 BRIEF in support of lead plainitiff. Document filed by Jeffrey Evans, Shilpa Grover, Fredric A. Press, Clarissa Weiss. (Attachments: # 1 Supplement Declaration of Doug Thompson, # 2 Exhibit Thompson Exhibit A, # 3 Exhibit Thompson Exhibit B, # 4 Supplement Declaration of Eugene Benick, # 5 Exhibit Benick Exhibit A, # 6 Exhibit Cert. of Service)(Isquith, Fred) |
| Filing 20 DECLARATION of Steve W. Berman in Support re: (62 in 1:11-cv-05576-DLC, 70 in 1:11-cv-09016-DLC, 14 in 1:11-cv-08608-DLC, 44 in 1:11-cv-05750-DLC, 34 in 1:11-cv-05896-DLC, 33 in 1:11-cv-05976-DLC, 31 in 1:11-cv-09014-DLC, 43 in 1:11-cv-05609-DLC, 30 in 1:11-cv-07507-DLC, 13 in 1:11-cv-08329-DLC, 33 in 1:11-cv-05898-DLC, 22 in 1:11-cv-07323-DLC, 61 in 1:11-cv-05707-DLC, 31 in 1:11-cv-06079-DLC, 19 in 1:11-md-02293-DLC, 21 in 1:11-cv-07534-DLC, 38 in 1:11-cv-06019-DLC, 60 in 1:11-cv-05621-DLC) MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel.. Document filed by Anthony Petru. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve) |
| Filing 19 MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel. Document filed by Anthony Petru.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve) |
| Filing 18 BRIEF. Document filed by Jeffrey Evans, Shilpa Grover, Fredric A. Press, Clarissa Weiss.(Isquith, Fred) |
| Filing 17 MOTION to Appoint Counsel Notice of Hagens Berman's Application to be Appointed Interim Lead Counsel. Document filed by Anthony Petru.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve) |
| Filing 16 MOTION to Appoint Counsel (Application of Katrina Key for Appointment to Represent a Consolidated Putative Class). Document filed by Katrina Key. Return Date set for 12/20/2011 at 02:30 PM. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Guglielmo, Joseph) |
| Filing 15 MEMORANDUM OF LAW in Support re: 14 MOTION to Appoint Counsel.. Document filed by Patsy Diamond. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Corrigan, Jeffrey) |
| Filing 14 MOTION to Appoint Counsel. Document filed by Patsy Diamond.(Corrigan, Jeffrey) |
| Filing 13 BRIEF Plaintiff Rhonda Burstein's Application for the Appointment of Grant & Eisenhofer P.A. as Interim Lead Counsel. Document filed by Rhonda Burstein. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Nussbaum, Linda) |
| Filing 12 BRIEF re: (10 in 1:11-cv-08608-DLC, 25 in 1:11-cv-09014-DLC, 29 in 1:11-cv-05976-DLC, 30 in 1:11-cv-05896-DLC, 17 in 1:11-cv-07534-DLC, 57 in 1:11-cv-05707-DLC, 40 in 1:11-cv-05750-DLC, 58 in 1:11-cv-05576-DLC, 66 in 1:11-cv-09016-DLC, 26 in 1:11-cv-07507-DLC, 39 in 1:11-cv-05609-DLC, 11 in 1:11-md-02293-DLC, 9 in 1:11-cv-08329-DLC, 34 in 1:11-cv-06019-DLC, 29 in 1:11-cv-05898-DLC, 27 in 1:11-cv-06079-DLC, 56 in 1:11-cv-05621-DLC, 18 in 1:11-cv-07323-DLC) Brief,,,, Declaration of Kit A. Pierson in Support of Application of Cohen Milstein Sellers & Toll PLLC Seeking Appointment to Represent Consolidated Putative Class. Document filed by Marcia Greene, Aubrie Ann Jones, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Harrison Goldman. (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, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Pierson, Kit) |
| Filing 11 BRIEF re: (24 in 1:11-cv-07507-DLC, 24 in 1:11-cv-07507-DLC, 28 in 1:11-cv-05896-DLC, 28 in 1:11-cv-05896-DLC, 37 in 1:11-cv-05609-DLC, 37 in 1:11-cv-05609-DLC, 27 in 1:11-cv-05898-DLC, 27 in 1:11-cv-05898-DLC, 54 in 1:11-cv-05621-DLC, 54 in 1:11-cv-05621-DLC, 7 in 1:11-cv-08329-DLC, 7 in 1:11-cv-08329-DLC, 15 in 1:11-cv-07534-DLC, 15 in 1:11-cv-07534-DLC, 38 in 1:11-cv-05750-DLC, 38 in 1:11-cv-05750-DLC, 32 in 1:11-cv-06019-DLC, 32 in 1:11-cv-06019-DLC, 3 in 1:11-md-02293-DLC, 3 in 1:11-md-02293-DLC, 16 in 1:11-cv-07323-DLC, 16 in 1:11-cv-07323-DLC, 25 in 1:11-cv-06079-DLC, 25 in 1:11-cv-06079-DLC, 56 in 1:11-cv-05576-DLC, 56 in 1:11-cv-05576-DLC, 55 in 1:11-cv-05707-DLC, 55 in 1:11-cv-05707-DLC, 8 in 1:11-cv-08608-DLC, 8 in 1:11-cv-08608-DLC, 27 in 1:11-cv-05976-DLC, 27 in 1:11-cv-05976-DLC) Order, Set Deadlines/Hearings,,,,,, Application of Cohen Milstein Sellers & Toll PLLC Seeking Appointment to Represent Consolidated Putative Class. Document filed by Marcia Greene, Aubrie Ann Jones, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Harrison Goldman. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Pierson, Kit) |
| Filing 10 NOTICE OF APPEARANCE by Max Raphael Schwartz on behalf of Katrina Key (Schwartz, Max) |
| Filing 9 NOTICE OF APPEARANCE by Joseph Peter Guglielmo on behalf of Katrina Key (Guglielmo, Joseph) |
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Filing 8
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
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Filing 7
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
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| Filing 6 CERTIFICATE OF SERVICE of Notice of Pretrial Conference served on SDNY Plaintiffs' Counsel of Record on 12/16/2011. Document filed by Rhonda Burstein. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Nussbaum, Linda) |
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Filing 5
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO THE COMPLAINT: Until this Court sets a response date for Defendants to answer, move, or otherwise respond to a consolidated amended complaint in the Consolidated New York Actions, Defendants have no further need to answer, move, or otherwise respond to the complaint in this action. If any of the Defendants that are a party to this Stipulation responds to a complaint in any of the Actions prior to the time provided in this Stipulation, Defendants will respond to the complaint in this action at the same. time. None of Plaintiffs' claims or Defendants' defenses are prejudiced or waived by its submission of this Stipulation and this stipulation is without prejudice to Plaintiffs' and Defendants' positions as to the dates on which Defendants should answer, move, or otherwise respond to a consolidated amended complaint in the Consolidated New York Actions. (Signed by Judge Denise L. Cote on 12/15/2011) (ft)
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| Filing 4 CERTIFICATE OF SERVICE of Notice of Pretrial Conference served on N.D. Cal. Plaintiff Counsel of Record on 12/15/2011. Document filed by Anthony Petru. (Friedman, Jeff) |
| Filing 3 NOTICE OF PRETRIAL CONFERENCE: A conference has been scheduled for December 20, 2011 at 2:30 PM at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B in all but one of these actions. A conference has not yet been scheduled in 11cv8329, which was accepted as related on 12/12/2011. A conference in these actions, and for any actions transferred by December 19, 2011, shall be held on December 20, 2011 at 2:30 PM at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. Any plaintiff and plaintiffs' counsel seeking appointment to represent a consolidated putative class shall file an application to do so by December 19 at 10:00 AM. (Signed by Judge Denise L. Cote on 12/14/2011) (jar) |
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo)
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| Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL...transferring this action from the United States District Court-that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the Southern District of New York and Northern District of California, with consent of that court, assigned to the Honorable Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 12/09/2011) (sjo) |
| Magistrate Judge Michael H. Dolinger is so designated. (sjo) |
| Case Designated ECF. (sjo) |
| CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:11-cv-5576 (DLC), 1:11-cv-5609 (DLC), 1:11-cv-5621 (DLC). (sjo) |
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