Pearson Education, Inc. et al v. Boundless Learning Inc. et al Featured Case

Educational book publishers sue e-textbook start-up Boundless Learning, claiming copyright infirngement.

Plaintiff: Pearson Education, Inc., Cengage Learning, Inc. and Bedford, Freeman & Worth Publishing Group, LLC doing business as Macmillan Higher Education
Defendant: Does 1-10 and Boundless Learning Inc.
Counter Defendant: Bedford, Freeman & Worth Publishing Group, LLC
Case Number: 1:2012cv01986
Filed: March 16, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Andrew L Carter
Referring Judge: Kevin Nathaniel Fox
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 20, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2013 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 12/16/2013 at Fross Zelnick firm was NOT held.(ms)
December 19, 2013 Filing 51 JUDGMENT ON CONSENT AND PERMANENT INJUNCTION in favor of Plaintiff Pearson Education, Inc. against Boundless Learning Inc. in the amount of $200,000; in favor of Plaintiff Cengage Learning, Inc. against Boundless Learning Inc. in the amount of $200,000; and in favor of Plaintiff Macmillan Higher Education against Boundless Learning Inc. in the amount of $200,000;. (Signed by Judge Andrew L. Carter, Jr on 12/19/13) (Attachments: #1 Notice of Right to Appeal)(ml)
December 19, 2013 Terminate Transcript Deadlines (ml)
December 16, 2013 Filing 50 LETTER addressed to Judge Andrew L. Carter, Jr. from ROGER L. ZISSU dated 12/16/2013 re: STATUS UPDATE ON MEDIATION PROCESS. Document filed by Boundless Learning Inc..(Zissu, Roger)
December 4, 2013 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 12/02/2013 at Fross Zelnick firm was NOT held.(ms)
December 4, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 12/16/13, 10:00AM at Fross Zelnick firm.(ms)
November 18, 2013 Opinion or Order Filing 49 MEMO ENDORSED on re: #48 Letter filed by Boundless Learning Inc. ENDORSEMENT: So Ordered (Signed by Judge Andrew L. Carter, Jr on 11/18/2013) (js)
November 15, 2013 Filing 48 LETTER addressed to Judge Andrew L. Carter, Jr. from ROGER L. ZISSU dated 11/15/2013 re: STATUS UPDATE ON MEDIATION PROCESS. Document filed by Boundless Learning Inc..(Zissu, Roger)
November 4, 2013 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 10/30/2013 at Fross Zelnick firm was NOT held and RESCHEDULED for 12/02/2013, 10:00AM at Fross Zelnick firm.(ms)
October 2, 2013 Filing 47 ENDORSED LETTER: addressed to Judge Andrew L. Carter, Jr. from Roger L. Zissu dated 9/30/2013 re: The parties propose to provide Your Honor with a further status update on the mediation process on October 30, 2013.. ENDORSEMENT: The parties shall file a joint Status Report concerning their progress in mediation on November 15, 2013. (Signed by Judge Andrew L. Carter, Jr on 10/2/2013) (js)
October 1, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 10/30/13, 10:00AM at Fross Zelnick firm.(ms)
October 1, 2013 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 09/30/2013 at Fross Zelnick Firm was NOT held.(ms)
August 20, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 09/30/13, 10:00AM at Fross Zelnick firm.(ms)
August 20, 2013 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 08/19/2013 at Fross Zelnick firm was NOT held.(ms)
August 8, 2013 Opinion or Order Filing 46 ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Roger L. Zissu dated 8/8/2013 re: Counsel for defendants writes on behalf of all parties to request an adjournment sine die of the August 13 settlement conference since the parties are still having mediation discussions and, in fact, are currently reviewing draft settlement papers. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 8/8/2013) (rsh)
July 26, 2013 Opinion or Order Filing 45 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Roger L. Zissu dated 7/19/2013 re: The parties propose to provide Your Honor with a further status update on the mediation process on August 19, 2013. ENDORSEMENT: So ordered. (Signed by Judge Andrew L. Carter, Jr on 7/26/2013) (rjm)
July 18, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 8/19/13, 10:00AM at Fross Zelnick firm.(ms)
July 18, 2013 MEDIATOR SESSION NOT HELD Mediator Session scheduled for 07/19/2013 at Fross Zelnick firm was NOT held.(ms)
July 1, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 7/19/13, 10:00AM at Fross Zelnick.(ms)
June 24, 2013 Mediator Session Held on 06/19/2013 at Fross Zenick Offices.(ms)
June 3, 2013 MEDIATOR SESSION SCHEDULED Mediation Session re-scheduled for 6/19/13, 10:00AM at Fross Zenick Offices.(ms)
May 24, 2013 Mediator Session Held on 05/23/2013 at Law firm of Fross Zenick et al.(ms)
May 20, 2013 Opinion or Order Filing 44 ORDER: The parties should submit a joint status report by 6/20/2013. (Signed by Judge Andrew L. Carter, Jr on 5/20/2013) (sac)
May 14, 2013 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/23/13 @ 10:00 A.M. at Fross, Zenick, Lehrman & Zissu, P.C. (sc)
May 8, 2013 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for May 23, 2013 at 10:00 AM. Session to take place at office of Defendant Counsel.(cda)
May 6, 2013 Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/18/13 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)
May 6, 2013 Filing 42 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2013 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Tara Jones, (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 5/31/2013. Redacted Transcript Deadline set for 6/10/2013. Release of Transcript Restriction set for 8/8/2013.(Rodriguez, Somari)
May 2, 2013 Opinion or Order Filing 41 ENDORSED LETTER: addressed to Judge Andrew L. Carter Jr. from Scott A. Zebrak dated 5/1/2013 re: Counsel for Plaintiffs write to apprise the court as to the status of mediation and discovery in light of the Court's April 24, 2013 Mediation referral Order. Given that under the current Scheduling Order fact discovery is scheduled to close on June 17, 2013, the parties understand the Court's Mediation Referral Order to m~an that, in the event the mediation should fail to resolve this case, the parties are to write to Magistrate Judge Fox to request that the Court revise the current Scheduling Order to allow adequate time to complete discovery, taking into account the discovery stay. But since the Mediation Referral Order does not mention the discovery stay, out of an abundance of caution, we are writing to confirm that discovery is stayed pending mediation or until Your Honor orders otherwise ENDORSEMENT: So Ordered. (Signed by Judge Andrew L. Carter, Jr on 3/2/2013) (js)
April 26, 2013 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/28/2013.(cda)
April 24, 2013 Opinion or Order Filing 40 MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.12 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/6/2013. Mediator Expertise Request due by 4/29/2013. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/14/2013) (rsh)
April 18, 2013 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 4/18/2013. Matthew J. Oppenheim, Scott Zebrak and Michele H. Murphy for Plaintiff(s). Roger L. Zissu and Jason Jones for Defendant(s). Case referred to mediation. Court Reporter: Tara Jones. (TDH)
April 17, 2013 Filing 39 NOTICE OF CHANGE OF ADDRESS by Matthew Jan Oppenheim on behalf of Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.. New Address: Oppenheim + Zebrak, LLP, 4400 Jenifer Street, NW, Suite 250, Washingotn, DC, USA 20015, 202.450.3958. (Oppenheim, Matthew)
April 15, 2013 Opinion or Order Filing 38 ORDER: The Court has considered the parties' submissions concerning the defendants' request that the time for the parties to complete their pretrial discovery activities be enlarged. The request is granted. Therefore: all fact discovery shall be completed on or before June 17, 2013; a telephonic status conference will be held with the parties on July 9, 2013, at 10:30 a.m. Counsel to the plaintiffs shall initiate the conference; expert disclosures shall be made on or before July 5, 2013; any rebuttal expert disclosure shall be made on or before July 26, 2013; all expert discovery activities shall cease on August 9, 2013; and a settlement conference will be held with the parties on August 13, 2013, at 10:30 a.m. The procedures under which the settlement conference will be conducted may be accessed via the court's Web site. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/15/2013) (rsh)
April 11, 2013 Opinion or Order Filing 37 ENDORSED LETTER: addressed to Judge Andrew L. Carter Jr. from Roger L. Zissu dated 3/28/2013 re: Counsel for defendant Boundless Learning Inc. write in response to plaintiffs March 25, 2013 letter requesting a pre-motion conference on their intended Rule 12(b)(1) motion to dismiss Boundless's counterclaims for a declaratory judgment of non-infringement. As discussed below, Boundless's counterclaims easily satisfy the "actual controversy" requirement of the Declaratory Judgment Act and the facts alleged by Boundless require the Court to exercise its declaratory judgment authority. ENDORSEMENT: A pre-motion conference is scheduled for April 18, 2013 at 11:15 a.m. So Ordered., ( Pre-Motion Conference set for 4/18/2013 at 11:15 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 4/8/2013) (js)
March 11, 2013 Opinion or Order Filing 36 ENDORSED LETTER: addressed to Magistrate Judge Andrew J. Peck from Roger L. Zissu dated 3/6/2013 re: Counsel writes to request that Your Honor order the document located at Docket No. 34 on the ECF docket in this case to be removed and no longer be available to the public. Docket No. 34 is Boundless's Amended Answer to First Amended Complaint and Counterclaims for Declaration of Non-Infringement, which was filed today ("Boundless's Counterclaims"). We make this request out of concern under the parties' Stipulated Protective Order due to a single, inadvertently included paragraph in Boundless's Counterclaims. Counsel have already filed on ECF a new copy of Boundless's Counterclaims that deletes this at-issue paragraph in its entirety and we have designated it as "Corrected." (See Dkt. No. 35). ENDORSEMENT: The application is granted. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 3/13/2013) (js)
March 6, 2013 Filing 35 AMENDED ANSWER to 24 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.. Document filed by Boundless Learning Inc.. (Attachments: #1 Exhibit Exhibits A- B)(Zissu, Roger)
February 13, 2013 Filing 33 NOTICE OF APPEARANCE by Alexander Lloyd Greenberg on behalf of Boundless Learning Inc. (Greenberg, Alexander)
February 13, 2013 Filing 32 ANSWER to 24 Amended Complaint, with JURY DEMAND. Document filed by Boundless Learning Inc..(Jones, Jason)
January 30, 2013 Opinion or Order Filing 31 ORDER: Plaintiffs' complaint goes beyond a simple allegation of copying. Contrary to Defendant's argument, Plaintiffs' Lanham Act claims are not clearly duplicative because they are not based solely on alleged copying. Here, Plaintiffs have pleaded that Defendant falsely represented that it offers a digital version of Plaintiffs' textbooks or something equivalent. As such, Plaintiffs have alleged a misrepresentation and therefore have stated a claim under section 43(a)(1)(B). See 15 U.S.C. 1125(a)(1)(B). Defendant has not met his burden of establishing that Plaintiffs' unfair competition and false advertising claims fail to state a claim. Plaintiffs' ability to prove their claims under Section 43(a) may be in doubt, Defendant's instant motion to dismiss Plaintiffs' unfair competition and false advertising claims should be denied. Even if Based on the foregoing, this Court denies Defendant's motion to dismiss. (Signed by Judge Andrew L. Carter, Jr on 1/30/2013) (js)
November 29, 2012 Opinion or Order Filing 30 STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/29/2012) (ama)
September 17, 2012 Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceeding proceeding held on 9/11/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
September 17, 2012 Filing 28 TRANSCRIPT of Proceedings re: proceeding held on 9/11/2012 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/12/2012. Redacted Transcript Deadline set for 10/22/2012. Release of Transcript Restriction set for 12/20/2012.(tro)
September 12, 2012 Opinion or Order Filing 27 ORDER: IT IS HEREBY ORDERED that: all discovery, of whatever nature, shall be initiated so as to be completed on or before June 3, 2013. A telephonic status conference will be held with the parties on May 7, 2013, at 10:30 a.m. Counsel to the plaintiffs shall initiate the telephonic conference on that date. A settlement conference will be held with the parties on June 10, 2013, at 10:30 a.m. The procedures under which the settlement conference will be conducted are being provided to the parties with a copy of this order. ( Discovery due by 6/3/2013., Settlement Conference set for 6/10/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox., Status Conference set for 5/7/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox., Telephone Conference set for 5/7/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/12/2012) (jfe)
September 11, 2012 Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Pretrial Conference held on 9/11/2012. (ja)
August 15, 2012 Filing 26 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Boundless Learning Inc..(Jones, Jason)
August 10, 2012 Filing 25 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Boundless Learning Inc.. (Jones, Jason)
August 10, 2012 Filing 24 AMENDED COMPLAINT amending #1 Complaint against Boundless Learning Inc., Does 1-10.Document filed by Pearson Education, Inc., Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC. Related document: #1 Complaint filed by Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC, Pearson Education, Inc. (tro)
July 31, 2012 Opinion or Order Filing 23 ORDER: Initial Conference set for 9/11/2012 at 02:30 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/31/2012) (ama)
July 27, 2012 Filing 22 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Pearson Education, Inc.. (Zebrak, Scott)
July 13, 2012 Filing 20 ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from David Donahue dated 7/12/2012 re: Counsel requests that the initial pretrial conference scheduled for 7/30/12 be adjourned during a day of the week on 8/27/12. ENDORSEMENT: The conference scheduled previously for July 30, 2012, shall be held on September 4, 2012, at 11:30 a.m. ( Initial Conference set for 9/4/2012 at 11:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/13/2012) (jfe)
July 9, 2012 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Scott A. Zebrak to Appear Pro Hac Vice. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/9/2012) (rjm)
July 9, 2012 Opinion or Order Filing 18 ORDER: Initial Conference set for 7/30/2012 at 02:00 PM in Courtroom 20A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox, and as further set forth. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/9/2012) (rjm)
June 28, 2012 Filing 17 DECLARATION of Jason D. Jones in Support re: #15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Boundless Learning Inc.. (Jones, Jason)
June 28, 2012 Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Boundless Learning Inc.. (Jones, Jason)
June 28, 2012 Filing 15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint. Document filed by Boundless Learning Inc.. Responses due by 7/27/2012(Jones, Jason)
June 20, 2012 CASHIERS OFFICE REMARK on #11 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 06/07/2012, Receipt Number 1040364. (jd)
June 13, 2012 Filing 14 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/29/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 13, 2012 Filing 13 TRANSCRIPT of Proceedings re: CONFERNCE held on 5/29/2012 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Carol Ganley, (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 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly)
June 7, 2012 Filing 11 MOTION for Scott A. Zebrak to Appear Pro Hac Vice. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.(pgu)
May 30, 2012 Filing 10 MOTION for Scott A. Zebrak to Appear Pro Hac Vice. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.(tro)
May 29, 2012 Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 5/29/2012. Matthew Jan Oppenheim for Plaintiff(s). Roger L. Zissu, David Donahue and Jason D. Jones for Defendant(s). Plaintiff should file the amended complaint by 6/8/12. Defendant=s motion to dismiss should be filed on 6/28/12, opposition papers should be filed on 7/27/12, and if a reply is warranted, it should be filed on 8/10/12. The parties should seek a Rule 16 conference before Judge Fox. Court Reporter: Carol Ganley. (mro)
May 29, 2012 Opinion or Order Filing 9 ORDER: Before the Court is Scott A. Zebrak's ("Zebrak") motion for admission to practice before this court pro hac vice and to appear as counsel for the plaintiffs in this action, pursuant to Local Civil Rule 1.3 of this court. In support of his motion, Zebrak submitted certificates of good standing issued by: (a) the "Virginia State Bar"; and (b) the District of Columbia Court of Appeals. Local Civil Rule 1.3 of this court requires the applicant for admission pro hac vice to submit "a certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court." Local Civil Rule 1.3(c). The certificate of the "Virginia State Bar" does not satisfy the requirement of Local Civil Rule 1.3, because it is not the certificate of the state court before whose bar Zebrak is admitted to practice. Accordingly, Zebrak's motion is denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/29/2012) Copies Mailed By Chambers. (ja)
May 15, 2012 Opinion or Order Filing 8 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Roger L. Zissu dated 5/10/2012 re: We write pursuant to Rule 2(A) of Your Honor's Individual Practices to request a pre-motion conference on Boundless' intended Rule 12(b)(6) motion to dismiss Plaintiffs' Fourth and Fifth Claims for Relief for false designation of origin and false advertising under the Lanham Act. ENDORSEMENT: Pre-motion conference scheduled for 5/29/2012 at 11:30 a.m. If Mr. Zebrak is not admitted to the SDNY, he should file a motion for pro hac vice admission before the U.S. Magistrate Judge. So ordered. (Pre-Motion Conference set for 5/29/2012 at 11:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 5/15/2012) (rjm)
April 10, 2012 Filing 7 NOTICE OF APPEARANCE by David Donahue on behalf of Boundless Learning Inc. (Donahue, David)
April 10, 2012 Filing 6 NOTICE OF APPEARANCE by Jason Douglas Jones on behalf of Boundless Learning Inc. (Jones, Jason)
April 10, 2012 Filing 5 ENDORSED LETTER addressed to Judge Andrew L. Carter from Roger L. Zissu dated 4/10/2012 re: Counsel requests an extension of time for Defendant Boundless to answer, move, or otherwise respond to the Complaint, up to and including 5/14/2012. ENDORSEMENT: Application granted. Defendant's time to answer or otherwise respond to the complaint is extended to 5/14/12. Boundless Learning Inc. answer due 5/14/2012. (Signed by Judge Andrew L. Carter, Jr on 4/10/2012) (tro)
April 9, 2012 Filing 4 NOTICE OF APPEARANCE by Roger L. Zissu on behalf of Boundless Learning Inc. (Zissu, Roger)
April 3, 2012 Opinion or Order Filing 3 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Andrew L. Carter, Jr on 4/3/2012) (js)
March 30, 2012 Filing 2 AFFIDAVIT OF SERVICE. Boundless Learning Inc. served on 3/23/2012, answer due 4/13/2012. Service was accepted by Ariel Diaz, CEO. Document filed by Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC. (Oppenheim, Matthew)
March 22, 2012 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Matthew Jan Oppenheim for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Complaint to: caseopenings@nysd.uscourts.gov. (mro)
March 16, 2012 Filing 1 COMPLAINT against Boundless Learning Inc., Does 1-10. (Filing Fee $ 350.00, Receipt Number 32846)Document filed by Pearson Education, Inc., Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC.(ama) (ama).
March 16, 2012 Filing 1 COMPLAINT against Boundless Learning Inc., Does 1-10. (Filing Fee $ 350.00, Receipt Number 32846)Document filed by Pearson Education, Inc., Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC.(ama) (ama).
March 16, 2012 SUMMONS ISSUED as to Boundless Learning Inc., Does 1-10. (ama)
March 16, 2012 Case Designated ECF. (ama)
March 16, 2012 Mailed notice to Register of Copyrights to report the filing of this action. (ama)
March 16, 2012 Magistrate Judge Kevin Nathaniel Fox is so designated. (ama)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Pearson Education, Inc. et al v. Boundless Learning Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Does 1-10
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Boundless Learning Inc.
Represented By: Roger L. Zissu
Represented By: Jason Douglas Jones
Represented By: Alexander Lloyd Greenberg
Represented By: David Donahue
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Pearson Education, Inc.
Represented By: Matthew Jan Oppenheim
Represented By: Scott A. Zebrak
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Cengage Learning, Inc.
Represented By: Matthew Jan Oppenheim
Represented By: Scott A. Zebrak
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bedford, Freeman & Worth Publishing Group, LLC doing business as Macmillan Higher Education
Represented By: Matthew Jan Oppenheim
Represented By: Scott A. Zebrak
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Bedford, Freeman & Worth Publishing Group, LLC
Represented By: Matthew Jan Oppenheim
Represented By: Scott A. Zebrak
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?