Elsevier Inc. v. Grossman et al
| Elsevier B.V., Elsevier Inc., Elsevier Masson SAS and Elsevier Ltd. |
| Pierre Grossman, John Doe Nos. 1-50, Publicacoes Tecnicas Internacionais and IBIS Corp. |
| 1:2012cv05121 |
| June 29, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| ABSTRACT OF JUDGMENT ISSUED on November 14, 2019, Plaintiffs have judgment against defendants Grossmann, PTI, and IBIS, jointly and severally, in the amount of $433,298.93, with post-judgment interest at the federal statutory rate specified under 28 U.S.C. 1961 of 1.58 percent per annum from the date of this Judgment until the date of payment; (2) Plaintiffs have judgment against defendants PTI and IBIS, jointly and severally, in the amount of $35,597.54, with post-judgment interest at the federal statutory rate specified under 28 U.S.C. 1961 of 1.58 percent per annum from the date of this Judgment until the date of payment (such award being supplemental and in addition to the Judgment referenced in paragraph (1) above); and (3) Plaintiffs have judgment against defendant Grossmann in the amount of $45,728.73, with post-judgment interest at the federal statutory rate specified under 28 U.S.C. 1961 of 1.58 percent per annum from the date of this Judgment until the date of payment. Abstract of Judgment mailed by the Court. (km) |
| Filing 470 PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-18055350. Abstract of Judgment to be Mailed by the Court. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Document Number of Related Judgment: #468 . (Jurkevich, Jason) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 469 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated November 12, 2019 re: Request for Distribution of Interpleaded Funds. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (Consent Order in Interpleader Action), #2 Exhibit B (Final Judgment in Underlying Action))(Jurkevich, Jason) |
| Mailed a copy of #468 Judgment, to Pierre Grossmann, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
Filing 468
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED as follows: (1) Plaintiffs have judgment against defendants Grossmann, PTI, and IBIS, jointly and severally, in the amount of $433,298.93, with post-judgment interest at the federal statutory rate specified under 28 U.S.C. 1961 of 1.58 percent per annum from the date of this Judgment until the date of payment; (2) Plaintiffs have judgment against defendants PTI and IBIS, jointly and severally, in the amount of $35,597.54, with post-judgment interest at the federal statutory rate specified under 28 U.S.C. 1961 of 1.58 percent per annum from the date of this Judgment until the date of payment (such award being supplemental and in addition to the Judgment referenced in paragraph (1) above); and (3) Plaintiffs have judgment against defendant Grossmann in the amount of $45,728.73, with post-judgment interest at the federal statutory rate specified under 28 U.S.C. 1961 of 1.58 percent per annum from the date of this Judgment until the date of payment (such award being supplemental and in addition to the Judgments referenced in paragraphs (1) and (2) above). (Signed by Judge Katherine Polk Failla on 10/9/2019) Copies Mailed By Chambers. (jca)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Default Hearing held on 10/8/2019. Attorney Jason Lee Jurkevich representing Plaintiffs present. Default judgment granted against IBIS Corp. and Publicacoes Tecnicas Internacionais in favor of Plaintiffs. Final judgment will be issued. (Court Reporter Vincent Bologna) (tn) |
| Mailed a copy of #467 Memo Endorsement, to Pierre Grossmann, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
| Filing 467 MEMO ENDORSEMENT on re: #466 Reply, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: The Court is aware that neither defendant Publicacoes TecnicasInternacionais nor defendant IBIS Corp. served any opposition to Elseviers application for entry of default judgment against them. Nevertheless, the Court will still hold a hearing on October 8, 2019, at 12:30 p.m. in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, on Elsevier's motion for default judgment. (Signed by Judge Katherine Polk Failla on 10/3/2019) Copies Mailed By Chambers. (rro) |
| Filing 466 REPLY re: #462 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,, #459 Declaration in Support,, #460 Proposed Default Judgment, Letter dated October 2, 2019 stating that Elsevier plaintiffs received no opposition to default judgment application. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 465 CERTIFICATE OF SERVICE of Order to Show Cause Seeking Default Judgment and Supporting Papers served on IBIS Corp. a/k/a International Bibliographic Service Corp. and Publicacoes Tecnicas Internacionais on September 9, 2019. Service was made by Federal Express and Email in Accordance with September 4, 2019 Order to Show Cause. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Mailed a copy of #464 Order on Motion for Extension of Time to File Response/Reply, #462 Order to Show Cause, to Pierre Grossmann, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
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Filing 464
ORDER granting #463 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. Elsevier's reply papers are hereby due on October 3, 2019. Replies due by 10/3/2019. (Signed by Judge Katherine Polk Failla on 9/4/2019) (cf)
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| Filing 463 LETTER MOTION for Extension of Time to File Response/Reply as to #462 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,, requesting extension of Plaintiffs' Reply Deadline from October 1 to October 3, 2019 addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 4, 2019. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
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Filing 462
ORDER TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE ENTERED AS TO DEFENDANTS IBIS CORP. a/k/a INTERNATIONAL BIBLIOGRAPHIC INFORMATION SERVICE CORP. AND PUBLICACOES TECNICAS INTERNACIONAIS: It is hereby ORDERED that defendants IBIS Corp. a/k/a International Bibliographic Information Service Corp. ("IBIS"), and Publicacoes Tecnicas Internacionais ("PTI") SHOW CAUSE before the Honorable Katherine Polk Failla, United States District Judge, in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007, at 12:30 p.m. on October 8, 2019, or as soon thereafter as counsel may be heard, why default judgment should not be entered against them pursuant to Rule 55 of the Federal Rules of Civil Procedure, as to liability on the Plaintiffs' Second Amended Complaint; and it is further ORDERED that Plaintiffs shall serve a copy of this order, and the papers upon which it was granted, on Grossman, IBIS, and PTI on or before September 11, 2019 by dispatching a single copy by Federal Express, or a comparable courier service to 100 Hilton Avenue, Unit M23, Garden City, New York 11530; and to the following e-mail address: iampierre@yesicandob2b.com; and it is further ORDERED that IBIS' and PTI's answering papers, if any, shall be filed with the Clerk of this Court and served upon the attorneys for Plaintiffs by delivering copies thereof to the offices of Sills Cummis & Gross P.C., One Riverfront Plaza, Newark, New Jersey 07102, Attn: Jason L. Jurkevich, Esq., so as to be received no later than September 25, 2019; and it is further ORDERED that any reply shall be filed and served by Plaintiffs in the same manner as set forth above no later than October 1, 2019. SO ORDERED. (Show Cause Hearing set for 10/8/2019 at 12:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.), ( Replies due by 10/1/2019.) Show Cause Response due by 9/25/2019. (Signed by Judge Katherine Polk Failla on 9/4/2019) (kv) Modified on 9/19/2019 (tn).
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| Filing 461 FILING ERROR - DUPLICATE DOCUMENT (SEE #458 Proposed Order) - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) Proposed Order to be reviewed by Clerk's Office staff. Modified on 9/4/2019 (db). |
| Filing 460 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 459 DECLARATION of Jason L. Jurkevich in Support re: #458 Proposed Order to Show Cause Without Emergency Relief. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (Second Amended Complaint), #2 Exhibit B (Declaration of Service), #3 Exhibit C (Clerk's Certificate of Default as to PTI), #4 Exhibit D (Clerk's Certificate of Default as to IBIS), #5 Exhibit E (Calculation of Statutory Prejudgment Interest on State Breach of Contract Damages))(Jurkevich, Jason) |
| Filing 458 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #458 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #460 Proposed Default Judgment was reviewed and approved as to form. (km) |
| Mailed a copy of #457 Opinion and Order, to Pierre Grossmann, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
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Filing 457
OPINION AND ORDER: For the reasons set forth in this Opinion and Order, the Court awards attorney's fees in the amount of $377,813.50 and costs in the amount of $22,161.43. The Clerk of Court is directed to terminate the motion at docket entry 445. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/16/2019) (jca)
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| Filing 456 RESPONSE in Support of Motion re: #445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. Letter dated March 4, 2019 advising that Elsevier does not plan to file a Reply. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 455 LETTER addressed to Judge Katherine Polk Failla from P. Grossmann, dated 2/22/19 re: PETROBRAS INVESTIGATION ELSEVIER INC. V. GROSSMAN, ET AL.: FALSE CLAIMS 452-MAIN/ OPPOSITION TO ELSEVIER'S MOTION FOR ATTORNEYS' FEES[DKT. #445-447]; MEMO ENDORSED BY COURT FALSE CLAIM ON MR. JURKEVICH'S DKT.#452 -SEE ATTACHED; GROSSMANN'S ANSWER ON DKT. #450 - SEE ATTACHED (As Indicated). Document filed by Pierre Grossman.(sc) Modified on 2/27/2019 (sc). |
| Filing 454 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 2/18/19 re: Plaintiff informs the Court that his opposition letter was sent on 1/17/19 to Judge Failla and docket about the correspondence about Class Action [Dkt. #450]; that Mr. Jason L. Jurkevich should be careful in his letter [Dkt.#452] which said that he did not receive any opposition from him; and that this defendant's position is clear about fraud committed by Elsevier to ending his business etc. Document filed by Pierre Grossman.(sc) |
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Filing 453
MEMO ENDORSEMENT on re: #452 Response in Support of Motion, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: Defendant's opposition to Plaintiff's renewed fee application was due on February 7, 2019. Defendant is hereby ORDERED to submit his opposition, if any, by March 1, 2019. If the Court does not receive Defendant's opposition by that date, it will deem the motion to be unopposed. Set Deadlines/Hearing as to #452 Response in Support of Motion, #445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. (Responses due by 3/1/2019) (Signed by Judge Katherine Polk Failla on 2/19/2019) Copies Mailed By Chambers. (rro) Modified on 2/20/2019 (tn). (Main Document 453 replaced on 2/20/2019) (tn).
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| Filing 452 RESPONSE in Support of Motion re: #445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. 2-15-19 Letter advising Court of no Opposition to Motion by Defendant. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 451 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated February 6, 2019 re: Pierre Grossmann's Non-Payment of Sanctions and Additional Violations of Court Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (1-21-19 email), #2 Exhibit B (1-22-19 email), #3 Exhibit C (1-25-19 email))(Jurkevich, Jason) |
| Filing 450 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 1/17/19 re: ("JUSTICE DELAYED IS WORSE THAN INJUSTICE")-ILLEGAL MONEY TRANSFER PRACTICE MADE BY JASON JURKEVICH ON THE RECENT PAYMENT WE MADE TO ELSEVIER. Document filed by Pierre Grossman.(sc) |
| Mailed a copy of #448 Order on Motion for Attorney Fees, to Pierre Grossman, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
| Filing 449 LETTER addressed to Judge Katherine Polk Failla from P. Grossmann re: Defendant Pierre Grossmann informs the Court that, according to Docket #032, where Jason L. Jurkevich, counsel for plaintiff Elsevier Inc., certifies that Reed Elsevier PLC and Reed Elsevier NV are publicly-traded corporate parents of all plaintiffs where Elsevier is a unique group; and so as Elsevier Editora Ltda is a Brazilian affiliate of Elsevier PLC shown on Dkt #440, the check should be cleared by Brizilian company(Elsevier in Brazil)etc. Document filed by Pierre Grossman.(sc) |
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Filing 448
ORDER with respect to #445 Motion for Attorney Fees. The Court is in receipt of Defendant Pierre Grossmann's letter, dated November 14, 2018 (Dkt. #444), as well as Plaintiffs' reply thereto, dated November 15, 2018 (Dkt. #443). After carefully reviewing the letters, the Court grants an extension until February 7, 2019, for Defendant to file any opposition to Plaintiffs' renewed fee application. Accordingly, Plaintiffs' reply to Defendant's opposition shall be due February 21, 2019. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/16/18) Copies Mailed By Chambers. (yv)
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| Set/Reset Deadlines as to #445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. Responses due by 2/7/2019. Replies due by 2/21/2019. (yv) |
| Filing 447 DECLARATION of Jason L. Jurkevich in Support re: #445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (Firm Bio of Jason L. Jurkevich), #2 Exhibit B (Firm Bio of Mark E. Duckstein), #3 Exhibit C (Firm Bio of Mark S. Olinsky), #4 Exhibit D (Firm Bio of Marianne Kehoe), #5 Exhibit E (Firm Bio of Edward Colavito), #6 Exhibit F (part 1) - Itemized Invoices, #7 Exhibit F (part 2) - Itemized Invoices, #8 Exhibit F (part 3) - Itemized Invoices, #9 Exhibit F (part 4) - Itemized Invoices, #10 Exhibit G (Deposition Transcript Invoice))(Jurkevich, Jason) |
| Filing 446 MEMORANDUM OF LAW in Support re: #445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 445 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 444 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/14/2018 re: request to adjourn opposition date. Document filed by Pierre Grossman.(rro) |
| Filing 443 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated November 15, 2018 re: Opposition to Request for Adjournment by Pierre Grossmann to subit opposition to Elsevier's Fee Application. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 442 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated November 7, 2018 re: Report regarding Payment of Sanctions by Defendant. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Mailed a copy of #441 Memo Endorsement, to Pierre Grossman, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
| Filing 441 MEMO ENDORSEMENT on re: #439 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: Application GRANTED. The parties shall abide by the following briefing schedule: Plaintiffs' application for fees and costs shall be due November 16, 2018; Defendant's response in opposition shall be due December 14, 2018; and Plaintiffs' reply to Defendant's opposition shall be due December 28, 2018. (Motions due by 10/16/2018., Responses due by 12/14/2018, Replies due by 12/28/2018.)(Signed by Judge Katherine Polk Failla on 10/29/2018) Copies Mailed By Chambers. (rro) |
| Filing 440 LETTER from P. Grossmann, re: Defendant Pierre Grossmann advises the Court that he and IBIS Corp. business account are being restrained by court orders; and that the payment is issued in order to Elsevier subsidiary in Brazil which belongs to Reed Elsevier structure and group. Defendant requests that the Court ask Elsevier Brasil Lida to issue an Invoice/Nota Fiscal to PTI in Brazil according to the Brazilian Central Bank regulatory. Document filed by Pierre Grossman.(sc) |
| Filing 439 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated October 26, 2018 re: in Response to Court's Opinion and Order dated October 9, 2018. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Mailed a copy of #438 Opinion and Order, #437 Order, to Pierre Grossman, 100 Hilton Ave, Unit M23, Garden City, NY 11530. (tn) |
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Filing 438
OPINION AND ORDER: For the reasons above, the Court grants Plaintiffs' motion for a partial new trial solely on the issue of damages, and denies the motion as to judgment as a matter of law on the issue of damages. That said, given the length of time over which this case has transpired, the Court would understand if Plaintiffs wished not to proceed to a retrial. The Court stands ready to set a new trial date if Plaintiffs so desire. Accordingly, Plaintiffs are ORDERED to notify the Court in writing, on or before October 31, 2018, whether they wish to pursue a trial. At that time, Plaintiffs should also indicate if they would be willing to proceed with a bench trial. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/9/2018) Copies Mailed By Chambers. (rro)
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Filing 437
ORDER: For these nine violations of the Court's August 7, 2017 Order, the Court sanctions Mr. Grossman $9,000.00, to be paid to Elsevier ($1,000 for each of the above nine emails that Elsevier and/or its counsel received). Mr. Grossman must make these payments by October 31, 2018. Accounting for the sanctions imposed in this Order, Mr. Grossmann owes Elsevier a total sanctions award of $33,000.00. This sum must be paid, in its entirety, by October 31, 2018. Elsevier is directed to advise the Court by November 7, 2018, whether Mr. Grossmann has paid the sanctions award that he owes. Mr. Grossmann is advised that further non-compliance with the Court's orders whether in the form of additional harassment or failure to pay existing sanctions awards may be met with harsher penalties, including the entry of a default judgment against Mr. Grossmann personally and/or the striking of his defenses if Elsevier elects to proceed to a new trial on the issue of damages. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/9/2018) Copies Mailed By Chambers. (rro)
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| Filing 436 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated August 13, 2018 re: Requesting Additional Sanctions against Pierre Grossmann for Continued Violations of Court Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jurkevich, Jason) |
| Filing 435 E-MAIL from Pierre Grossman dated 7/30/2018 re: SECOND BANANAS ACCOMPLICES. Document filed by Pierre Grossman.(rro) |
| Filing 434 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 20, 2018 re: Supplemental Letter regarding Emails from Pierre Grossmann. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jurkevich, Jason) |
| Filing 433 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 19, 2018 re: Requesting Additional Sanctions against Pierre Grossmann for Continued Violations of Court Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to 7-19-18 Letter, #2 Exhibit B to 7-19-18 Letter, #3 Exhibit C to 7-19-18 Letter, #4 Exhibit D to 7-19-18 Letter)(Jurkevich, Jason) |
| Filing 432 EMAIL addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 7/18/2018 re: Photo of Brazilian public official JORGE ALMEIDA GUIMARAES, ex President of FUNDAO CAPES AND CAPES AFRICA AND CLAUDIO ROTHMULLER ex-Chairman of ELSEVIER BRASIL PART OF BLACKROCK (The Worlds largest investment fund) celebrating fraudulent digital contracts involving illegal monitoring Brazilian research institutions including PETROBRAS and BANCO CENTRAL DO BRASIL illegal transfer of funds abroad without paying tax.(ne) |
| Filing 431 EMAIL from Pierre Grossman dated 7/3/18 re: ENC: Ofcio 2018060701-Quebra dos princpios da legalidade, impessoalidade e moralidade por parte da Coordenacao-Geral de Cadastros (COCAD) da Secretaria da Receita Federal do Brasil, envolvendo o Sebrae. Document filed by Pierre Grossman.(mro) |
| Filing 430 EMAIL from Pierre Grossman dated 6/28/2018 re: The company that owns Brazil: Blackrock. Document filed by Pierre Grossman.(jwh) |
| Filing 429 LETTER: (E-MAIL) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 4/6/2018 re: Writ of Summons for deposition against Claudio Rothmuller the ex Chairman in Brazil from RELX Group (part of Blackrock from the Public prosecutor is Sao Paulo, Brazil). Document filed by Pierre Grossman.(js) |
| Filing 428 LETTER:(E-MAIL) addressed to Judge Katherine Polk Failla from Pierre Grossman dated 4/5/2018 re: Writ of Summons for deposition against Caaudio Rothmuller the ex Chairman in Brazil from RELX Group (part of Blackrock from the Public prosecutor is Sao Paulo, Brazil). Document filed by Pierre Grossmann.(js) |
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Filing 427
LETTER:(E-MAIL) addressed to |
| Filing 426 LETTER (E-mail) addressed to [failla_nysdchambers, efile, avora, nhaff, rmaldonado, avora, pfoote, apantoja, gashford, nyoecf, jmos, mtarson, jjurkevich, m.stratton] from Antonio Lima [Pierre Grossman] dated 3/14/2018 re: Fwd: Ref.: Ofcio 2018031301 - Fornecimento de Dados Essenciais para o Funcionamento da Rede CNPJ.GoB2BinBrazil.com, conforme Ofcio n 170 da Receita Federal. (anc) |
| Filing 425 LETTER (E-MAIL) addressed to Senhor Francisco Eleazar Pinilla Villegas from Pierre Grossman dated 3/2/2018 re: Acao ganha pelo brasileiro Pierre Grossmann contra a discriminacao da Apex-Brasil a favor de empresas estrangeiras. (kgo) |
| Filing 424 EMAIL addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 2/14/18 re: list of lawsuits. Document filed by Pierre Grossman.(yv) |
| Filing 423 LETTER (E-MAIL) from Pierre Grossman dated 2/6/18 re: We the Brazilian victims involved respectfully ask the Court and the County Clerk of the Supreme Court to request the FBI and the US Attorney General investigate these criminal traitors. Document filed by Pierre Grossman. (mro) |
| Filing 422 LETTER (E-MAIL) addressed to Hon. Judge Margaret Chan and Hon. Milton A. Tingling from Pierre Grossman dated 2/1/2018 re: We the Brazilian victims involved respectfully ask the Court and the County Clerk of the Supreme Court to request the US Justice department to investigate these US traitors. Document filed by Pierre Grossman.(kgo) |
| Filing 421 LETTER (E-MAIL) addressed to Hon. Judge Margaret Chan and Hon. Milton A. Tingling from Pierre Grossman dated 2/1/2018 re: We the Brazilian victims involved respectfully ask the Court and the County Clerk of the Supreme Court to request the US Justice department to investigate these US traitors. Document filed by Pierre Grossman. (kgo) |
| Filing 420 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated February 1, 2018 re: Renewed Rule 50 Motion for Judgment as a Matter of Law as to RICO Damages. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 419 LETTER [E-MAIL] addressed to Judge Katherine Polk Failla from Pierre Grossman dated 1/17/2018 re: ATTACHED SUMMARY JUDGEMENT LYNCHING ORDER PROCESS VIOLATING BRAZILIAN SOVEREIGNTY. Document filed by Pierre Grossman.(ras) |
| Filing 418 LETTER [E-MAIL] addressed to Judge Katherine Polk Failla from Pierre Grossman dated 1/17/2018 re: ATTACHED SUMMARY JUDGEMENT LYNCHING ORDER PROCESS VIOLATING BRAZILIAN SOVEREIGNTY. Document filed by Pierre Grossman.(ras) Modified on 1/18/2018 (ras). |
| Filing 417 LETTER: (E-MAIL) from Pierre Grossmann dated 1/17/2018 re: PROPOSAL WBG :UNIVERSAL COMMUNICATIONS NETWORK FOR THE WORLD BANK TO CONNECT AND ENGAGE THE ENTIRE BRAZILIAN PRODUCTIVE SECTOR, BUILDING TRUST AND RELATIONSHIPS IN BRAZIL AND WORLDWIDE. Document filed by Pierre Grossman.(js) |
| Filing 416 LETTER addressed to Ao Exmo. Sr. Henrique de Campos Meirelles, Ministro da Fazenda, from Pierre Grossman dated 1/16/2018 re: A Receita Federal precisa cumprir o que promete. Document filed by Pierre Grossman. ***Docket and file instructions from chambers. (tn) |
| Filing 415 LETTER; (E-MAIL) addressed to Judge Failla from Pierre Grossman dated 1/15/2018 re: PROPOSAL WBG :UNIVERSAL COMMUNICATIONS NETWORK FOR THE WORLD BANK TO CONNECT AND ENGAGE THE ENTIRE BRAZILIAN PRODUCTIVE SECTOR, BUILDING TRUST AND RELATIONSHIPS IN BRAZIL AND WORLDWIDE. Document filed by Pierre Grossman.(js) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 1/12/2018. (Court Reporter Tom Murray) (Lopez, Jose) |
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Filing 414
ORDER: Accordingly, the parties shall abide by the following schedule: Plaintiffs' initial letter motion shall be due February 2, 2018, and Defendants' response shall be due March 2, 2018. Neither brief shall exceed 10 pages. (As further set forth herein.) Motions due by 2/2/2018. Responses due by 3/2/2018 (Signed by Judge Katherine Polk Failla on 1/12/2018) Copies Mailed By Chambers. (kgo)
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| Filing 412 LETTER [E-MAIL] addressed to Judge Katherine Polk Failla and Barker Joseph-Hoboken from Pierre Grossman dated 1/9/2018 re: News Release. Document filed by Pierre Grossman.(js) |
| Filing 411 LETTER [E-MAIL] addressed to gabineteluizfux, from Antonio Lima dated 1/8/2018 re: News release. Document filed by Pierre Grossman.(js) |
| Filing 413 LETTER: [E-MAIL] addressed to Judge Katherine Polk Failla from Pierre Grossman dated 12/27/2017 re: My business group paying taxes in Brazil and in USA since 1972 loss about US$ 20 million, and the Board of John Wiley and Sons, RELX Group part of BlackRock Board Directors are the masters of the universe. Document filed by Pierre Grossman.(js) |
| Filing 410 LETTER (E-mail) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 12/27/2017 re: Why in the LAVAJATO Case are only Brazilians companies and individuals in Jail? (cf) |
| Filing 409 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 12/21/2017 re: Mr. Gorssmann writes after five years let me say I am sorry to learn about your OPINION AND ORDERS. A judge must not (273) perpetrate injustice (274 accept bribes or be (275) partial or (276) afraid. He may (277) not favor the poor or (278) discriminate against the wicked; he should not (279) pity the condemned or (280) pervert the judgment of strangers or orphans. Document filed by Pierre Grossman.(js) (js) |
| Filing 408 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 12/21/2017 re: Email. Document filed by Pierre Grossman.(js) |
| Filing 407 LETTER (E-MAIL) addressed to Judge Katherine Polk Failla from Pierre Grossman dated 12/20/17 re: The above fake lawsuits committed in the past five years by my competitors RELX Group part of BlackRock, John Wiley and Sons, Blackwell, EBSCO, and others, against my business in Federal and State Courts in the USA and in Brazil were intentionally made to damage my reputation and destroy my business in Brazil. Document filed by Pierre Grossman.(mro) |
| Filing 406 LETTER (Email) from Pierre Grossman dated 12/12/17. Document filed by Pierre Grossman. Document filed by Pierre Grossman.(jwh) |
| Filing 405 LETTER [Email] addressed to Dr. Wolney from Pierre Grossmann dated 12/12/2017 Document filed by Pierre Grossman.(jwh) Modified on 12/12/2017 (jwh). |
| Filing 404 LETTER: [Email] addressed to Prezada Sra. Fabiana Ferreira Lima, from Pierre Grossmann, dated 12/11/2017, re: [in Spanish]. Document filed by Pierre Grossman.(ap) |
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Filing 403
MEMO ENDORSEMENT: on re: #402 Letter filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: The Court is in receipt of Plaintiff's letter and shall provide this Endorsement to Defendant. Defendant is instructed to follow the above directions in preparation for the approaching telephonic conference. In addition, due to a conflict with the Court's trial calendar in a separate matter, the telephonic conference currently scheduled in this case for December 20, 2017, is hereby ADJOURNED to January 12, 2018, at 11:00 a.m. SO ORDERED., ( Telephone Conference set for 1/12/2018 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/08/2017) Copies Mailed By Chambers. (ama)
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| Filing 402 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated December 7, 2017 re: Direct Communication with Defendant Pierre Grossmann. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 401 LETTER (Email) from Pierre Grossman dated 12/7/17. Document filed by Pierre Grossman. (cf) |
| Filing 400 LETTER (Email) from Pierre Grossman dated 12/6/17. Document filed by Pierre Grossman.(mro) |
| Filing 399 LETTER addressed to Exma Ministra Carmen Lucia Antunes Rocha from Pierre Grossmann dated 12/04/2017 re: Crime de Lesa-Ptria. Document filed by Pierre Grossman.(ama) |
| Filing 398 MEMO ENDORSED on re: #395 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: Application GRANTED. The parties shall appear for a telephonic conference to discuss Plaintiffs' anticipated motion on December 20, 2017, at 11:00 a.m. At that time, the parties shall, after consolidating their calls to a single telephone line, call the Court at (212) 805-0290. ( Telephone Conference set for 12/20/2017 at 11:00 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/20/2017) Copies Sent By Chambers. (js) |
| Filing 397 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/16/2017 re: News Release. Document filed by Pierre Grossmann.(ama) Modified on 11/16/2017 (ama). |
| Filing 396 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 11/14/2017 re: Why should PTI, IBIS and other Brazilian suppliers to public institutions in Brazil be criminally discriminated and excluded from supplying digital contents to the Brazilian Marketplace? Document filed by Pierre Grossman.(kgo) |
| Filing 395 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated November 14, 2017 re: Requesting Pre-Motion Conference Regarding Leave to File Rule 60(a) motion or, in the alternative, Renew Rule 50 Motion for Judgment as a Matter of Law as to RICO Damages. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
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Filing 394
OPINION AND ORDER: re: #384 MOTION for Summary Judgment on the Issue of Domestic Injury for Purposes of 18 U.S.C. Section 1964(c). filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. Given the foregoing, Elseviers motion for summary judgment as to the issue of domestic injury is GRANTED. The Clerk of Court is directed to terminate the pending motion at docket number 384.Because the Court has found that Plaintiffs are entitled to judgment as a matter of law on their civil RICO claim, at least in part, Plaintiffs are likewise entitled to attorneys' fees and costs. See 18 U.S.C. 1964(c) (Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit,including a reasonable attorneys fee[.]"). As a result, Plaintiffs are ordered to submit their fee application on or before December 8, 2017; Defendant Grossmann may file any submission in opposition to this fee application on or before December 29, 2017. (Signed by Judge Katherine Polk Failla on 11/3/2017) Copies Sent By Chambers. (js)
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| Set/Reset Deadlines: Motions due by 12/8/2017. Responses due by 12/29/2017 (js) |
| Filing 393 LETTER addressed to jjia@wiley.com et al from Pierre Grossmann dated 10/31/2017 re: Best connected and most expensive and corrupt law firms in USA and Barzil... Document filed by Pierre Grossman.(js) |
| Filing 392 LETTER addressed to Mr. David Brassanini from Pierre Grossmann dated 10/23/2017 re: Please see the attached US Federal Court document #391 MOTION TO DISMISS DENIED and please see UK Law about profiting from gross human rights abuse. Document filed by Pierre Grossman.(anc) |
| Filing 391 MEMO ENDORSEMENT on re: #390 Letter filed by Pierre Grossman. ENDORSEMENT: Application DENIED. Federal Rule of Civil Procedure 12(b) requires any motions thereunder to be filed before a responsive pleading. Defendant Grossmann answered the operative complaint in this action on June 1, 2017 (Dkt. #347), thus rendering untimely a motion to dismiss. (Signed by Judge Katherine Polk Failla on 10/10/2017) Copies Mailed By Chambers. (mro) |
| Filing 390 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 10/3/2017 re: Motion to Dismiss. Document filed by Pierre Grossman.(sac) |
| Filing 389 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 20, 2017 re: defendant Pierre Grossmann's Non-Payment of Monetary Sanctions due by 9/15/2017, and Further Violations of the Court's Prior Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (9-18-17 am email from Grossmann), #2 Exhibit B (9-18-17 pm email from Grossmann), #3 Exhibit C (9-19-17 email from Grossmann), #4 Exhibit D (9-20-17 email from Grossmann))(Jurkevich, Jason) |
| Filing 388 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 9/13/17 re: FIVE YEARS OF HUMILIATING CRIMINAL PROSECUTION IN FEDERAL & STATE COURTS. Document filed by Pierre Grossman.(sc) |
| Filing 387 RULE 56.1 STATEMENT. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 386 MEMORANDUM OF LAW in Support re: #384 MOTION for Summary Judgment on the Issue of Domestic Injury for Purposes of 18 U.S.C. Section 1964(c). . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 385 DECLARATION of Jason L. Jurkevich in Support re: #384 MOTION for Summary Judgment on the Issue of Domestic Injury for Purposes of 18 U.S.C. Section 1964(c).. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit 1 (Declaration of Maribel Burgos dated February 15, 2017), #2 Exhibit A to Burgos Declaration, #3 Exhibit B to Burgos Declaration, #4 Exhibit C to Burgos Declaration, #5 Exhibit D to Burgos Declaration, #6 Exhibit E to Burgos Declaration, #7 Exhibit F to Burgos Declaration, #8 Exhibit G to Burgos Declaration, #9 Exhibit H to Burgos Declaration, #10 Exhibit I to Burgos Declaration, #11 Exhibit J to Burgos Declaration, #12 Exhibit K to Burgos Declaration)(Jurkevich, Jason) |
| Filing 384 MOTION for Summary Judgment on the Issue of Domestic Injury for Purposes of 18 U.S.C. Section 1964(c). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 383 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 14, 2017 re: Further Violations of the Court's prior Orders by Defendant Pierre Grossmann. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (9-12-17 9:45 am email), #2 Exhibit B (9-12-17 10:52 am email), #3 Exhibit C (9-12-17 2:07 pm email), #4 Exhibit D (9-12-17 2:51 pm email), #5 Exhibit E (9-13-17 11:16 am email), #6 Exhibit F (9-13-17 1:18 pm email), #7 Exhibit G (9-14-17 9:58 am email))(Jurkevich, Jason) |
| Filing 382 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 6, 2017 re: Request for Additional Sanctions Against Defendant Pierre Grossmann for Further Violations of the Court's Prior Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to 9-6-17 Jurkevich Letter (August 25, 2017 Grossmann email), #2 Exhibit B to 9-6-17 Jurkevich Letter (August 30, 2017 Grossmann email), #3 Exhibit C to 9-6-17 Jurkevich Letter (September 1, 2017 Grossmann email), #4 Exhibit D to 9-6-17 Jurkevich Letter (September 4, 2017 A.M. Grossmann email), #5 Exhibit E to 9-6-17 Jurkevich Letter (September 4, 2017 P.M. Grossmann email), #6 Exhibit F to 9-6-17 Jurkevich Letter (September 5, 2017 Grossmann email), #7 Exhibit G to 9-6-17 Jurkevich Letter (September 6, 2017 A.M. Grossmann email), #8 Exhibit H to 9-6-17 Jurkevich Letter (September 6, 2017 P.M. Grossmann email))(Jurkevich, Jason) |
| Filing 381 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 8/30/2017 re: Pro se Defendant As a Pro Se defendant and proud Brazilian digital content provider since 1972 in Brazils public and private marketplace, and in the past five years, both me, my family, my firms, my employees inherited the three lawsuits. We are victims of continuous anti competitive conduct under the Sherman and Clayton Acts, continuous scams by midnight bill collectors Jason Jurkevich, Matt Stratton, Christopher McKenzie, Nicole Haff, Roger Maldonado, Michelle Tarson and others that follows your court rules of continuous false RICO defamation and false claims, continuous exclusionary, discriminatory criminal prosecution in US Federal and State Courts using false witness ANDREW PITTS of PSI causing me and my family physical injury, illness emotional distress, huge financial losses to my business. Document filed by Pierre Grossman.(js) |
| Filing 380 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 8/25/2017 re: As a Pro Se defendant and proud Brazilian digital content provider since 1972 in Brazil's public and private marketplace, and in the past five years, both me and my firms are victims of continuous anticompetitive conduct under the Sherman and Clayton Acts, fraud by midnight bill collectors, continuous defamation, false claims, continuous exclusionary, discriminatory criminal prosecution in US Federal and State Courts with false witness causing financial losses to me and a shut down my business. Document filed by Pierre Grossman.(anc) |
| Filing 379 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich, Esq. dated August 22, 2017 re: Entry of partial Final Judgment as to Sanctions Award against Pierre Grossmann. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 378 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich, Esq. dated August 22, 2017 re: Additional Violation of Court Orders by Defendant Pierre Grossmann. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 8-15-17 Email from P. Grossmann)(Jurkevich, Jason) |
| Filing 377 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 8/15/2017 re: Plaintiff Pro Se writes I ask you to investigate this bank procedure and I hope to have the funds back to IBIS bank account. After receiving CONSENT ORDER (docket 76 filed 01/31/17 case 1:16-cv-04201-KPF) I have contacted the Brazilian and US criminal Authorities and Elseviers staff: Martin O. Malley, Claudio Rothmuller, Jason Jurkevich, and John Wiley and Sons, Blackwells Staff: VP Christopher McKenzie, Nicole Haff, Roger Maldonado, Reed Elfeinbein, Tom Keavey, and other fraudulent content providers and other accomplices second bananas that have corporate offices in Brazil (including Nicole Tarson at JPMorgan Chase) will be held personally liable and criminally accountable for these frauds against Brazilian content providers competitors. Document filed by Pierre Grossman.(js) |
| Filing 376 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 8/14/2017 re: BELOW JPMORGAN CHASE BANK FRAUD COMPLAINT No 170720-2266276, and as further specified in this letter. Document filed by Pierre Grossman. (rjm) |
| Filing 375 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 8/7/2017 re: Plaintiffs spied to get privileged information. (cf) Modified on 8/7/2017 (cf). |
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Filing 374
OPINION AND ORDER: For the reasons stated above, Plaintiffs may file a motion for summary judgment on the issue of domestic injury on or before September 15, 2017, and Mr. Grossmann may not introduce evidence to oppose this motion. In the event that the Court does not grant Plaintiffs' summary judgment motion on the issue of domestic injury, the Court will set a new trial date. For now, the trial regarding the issue of domestic injury set to begin at 9:00 a.m. on January 8, 2018 is adjourned sine die. The terms of the Court's prior sanctions orders remain in effect; Mr. Grossmann may not contact Plaintiffs, their counsel, or their employees without the Court's consent. For each and every violative contact, Mr. Grossmann will be sanctioned an additional $500 to compensate Plaintiffs and their counsel for the time they must spend dealing with that contact. With regard to PTI and IBIS, Plaintiffs are advised to proceed in accordance with Attachment A of the Courts individual rules if they wish to pursue a default judgment against these entities. (Signed by Judge Katherine Polk Failla on 8/7/2017) Copies Sent By Chambers. (js)
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| Set/Reset Deadlines: Motions due by 9/15/2017. (js) |
| Filing 373 LETTER (e-mail) from Pierre Grossman dated 7/13/17 re: According to the FCPA Blog, Brazils based Odebrecht, an engineering and construction giant with world-wide reach, agreed late last year to settle bribery offenses by paying global criminal penalties of at least $2.6 billion. Document filed by Pierre Grossman. (mro) |
| Filing 372 LETTER (email) addressed to Ao Ilmo. Sr. Ricardo Luiz de Souza Ramos from Pierre Grossmann dated 7/26/2017 re: Licenciamento dos direitos de uso da plataforma de negcios universal GoB2BinBrazil. (rjm) |
| Filing 371 LETTER (email) addressed to rgwbrown@aip.org, et al from antonio@yesicandob2b.com On Behalf Of Antonio Lima dated 7/27/2017, 2:56 PM re: My humiliating experience in US Federal and State Courts, and as further specified in this letter. (rjm) |
| Filing 370 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 7/25/2017 re: Jason Jurkevich attached continuous false statements and extortion are a breach of duty to society for which the Government should bring a lawsuit. What Your Honor really need to consider is the Shaw v. United States where the US Supreme Court clarified the application of the federal bank fraud statute to cases and that PTI, IBIS and Pierre Grossman have Brazilian Jurisdiction, and that we are victims of a criminal exclusionary practices scheme of extortion in US Federal and State Courts by the moser Jason L. Jurkevich Counsel Sills- Cummis & Gross- and a bunch of other second Bananas debt collector lawyer Accomplices, (see the attached courts transcripts). Because of their bribery and extortion in Brazil, I filled complaint with the Brazilian Attorney General Office no. 1,34.001.000074/2013-25. The only thing to do is to denounce all of these corrupt criminals to the FBI, Federal Police in Brazil and to Criminal Division, Fraud Section of the US Department of Justice, since they violating the U.S. Foreign Corrupt Practice Act by fraudulently licensing since 2003 digital contents contracts to more than 450 public research institution including PETROBRAS and the Ministry of Education in Brazil -CAPES with monitoring clauses in order to undermine governments USA/ Brazil trade relations, causing serious damages to their customers in Brazil and to the Brazilian economy and to shareholders. (js) |
| Filing 369 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 21, 2017 re: Update Regarding Return of Pierre Grossmann Check. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Notice of Returned Check)(Jurkevich, Jason) |
| Filing 368 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 7/20/2017 re: As the Court is aware PTI, IBIS and Pierre Grossman are victims of extortion. We did not do any wrongdoings and filled complaint with The Consumer Financial Bureau and the FBI. Document filed by Pierre Grossman.(anc) Modified on 7/21/2017 (anc). |
| Filing 367 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 12, 2017 re: Further Violations of the Court's Prior Orders by Pierre Grossmann. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 July 12, 2017 Email from Pierre Grossmann)(Jurkevich, Jason) |
| Filing 366 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 7, 2017 re: Further Update to Court Pursuant to Order dated June 2, 2017. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
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Filing 365
LETTER (email) addressed to |
| Filing 364 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 5, 2017 re: Report to the Court pursuant to the Order dated June 2, 2017 concerning Pierre Grossmann's Further Violations of Court Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to July 5, 2017 Letter (6-5-17 email from Pierre Grossmann), #2 Exhibit B to July 5, 2017 Letter (6-19-17 email from Pierre Grossmann), #3 Exhibit C to July 5, 2017 Letter (6-20-17 email from Pierre Grossmann), #4 Exhibit D to July 5, 2017 Letter (6-27-17 email from Pierre Grossmann), #5 Exhibit E to July 5, 2017 Letter (6-29-17 email from Pierre Grossmann), #6 Exhibit F to July 5, 2017 Letter (7-1-17 email from Pierre Grossmann))(Jurkevich, Jason) |
| Filing 363 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre |
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Filing 362
LETTER (email) addressed to |
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CASHIERS OFFICE REMARK: check was mailed to Elsevier on 6/26/17 as per order doc #361 signed by Judge Faila (jom)
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Filing 361
ORDER: The Court understands that Defendant Grossmann has directed to the Clerk of Court a check payable to Elsevier in the amount of $18,500.00. Because the Court's sanctions award was to be paid to Elsevier directly, the Clerk of Court is hereby directed to send Grossmann's check to the following address, to which Elsevier has requested that all checks be sent (Dkt. #308): Jason Jurkevich, Sills Cummis & Gross P.C., One Riverfront Plaza, Newark, New Jersey, 07102. Upon receipt of this check, Elsevier is directed to advise the Court whether it satisfies the entirety of the presently outstanding sanctions award. (Signed by Judge Katherine Polk Failla on 6/26/2017) Copies Mailed By Chambers. (mro)
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| Filing 360 CLERK'S CERTIFICATE OF DEFAULT as to International Bibliographic Information Service Corp. ("IBIS"). (km) |
| Filing 359 CLERK'S CERTIFICATE OF DEFAULT as to Publicacoes Tecnicas Internacionais ("PTI"). (km) |
| Filing 358 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 6/18/2017 re: Sanctions Order and Final Warning. Document filed by Pierre Grossman. ***Docket and file instructions from chambers. (tn) |
| Filing 357 DECLARATION of JASON L. JURKEVICH in Support re: #356 Request to Enter Default,. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 356 REQUEST TO ENTER DEFAULT against IBIS CORP. a/k/a INTERNATIONAL BIBLIOGRAPHIC INFORMATION SERVICE CORP. AND PUBLICACOES TECNICAS INTERNACIONAIS . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Certificate of Default as to PTI, #2 Certificate of Default as to IBIS)(Jurkevich, Jason) |
| Filing 355 CERTIFICATE OF SERVICE of Second Amended Complaint served on Pierre Grossman, Publicacoes Tecnicas Internacionais, IBIS Corp. on 5/23/2017. Service was accepted by S. Sergeant, Receptionist (Pierre Grossman and IBIS); R. Roma (Publicacoes Tecnicas Internacionais. Service was made by Federal Express. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to Declaration of Service (cover letters and FedEx receipts), #2 Exhibit B to Declaration of Service (Email Notifications of Delivery Confirmation), #3 Exhibit C to Declaration of Service (proofs of delivery with signatures))(Jurkevich, Jason) |
| Filing 354 LETTER (email) addressed to Judge Katherine Polk Failla, from PIERRE GROSSMAN, dated June 9, 2017, re: Sanctions. Document filed by Pierre Grossman.(ap) |
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Filing 353
ORDER. The Court sanctions Mr. Grossmann $5,500.00, to be paid to Elsevier ($500 per each of the above 11 emails that Elsevier and/or its counsel received). Mr. Grossmann must make these payments by June 30, 2017. The Court has determined that it will not sanction Mr. Grossmann for 3 additional emails of which it is aware: Mr. Grossmann's April 26, 2017 and April 27, 2017 email motions for reconsideration of the April 25, 2017 Order (see Dkt. #332-34), and Mr. Grossmann's May 4, 2017 email to the Court (Dkt. #337). These emails did not violate the Court's January 6, 2017 Order because they were sent directly and only to the Court. The Court understands that Mr. Grossmann has not complied with its January 26, 2017; February 17, 2017; and April 25, 2017 sanctions orders, insofar as Mr. Grossmann has failed to pay Elsevier the $2,000.00; $2,000.00; and $9,000.00 awarded therein. The Court is aware that Mr. Grossmann has attempted to satisfy at least one of these obligations by making a payment to Elsevier's Brazilian affiliate. (Dkt. #308, 331). But the Court has repeatedly informed Mr. Grossmann that such a method of payment is unacceptable. (Dkt. #308, 331). Mr. Grossmann must make his payments to Elsevier directly, by check mailed to Elsevier's counsel. (Dkt. #308, 331). Mr. Grossmann has informed the Court in several of his recent emails that he will be in the United States for several weeks during the month of June. (See, e.g., Dkt #337). It is the Court's hope that Mr. Grossmann can resolve his outstanding sanctions debt while he is in the United States, and thereby avoid the issues he has indicated are occasioned by his being in Brazil. Accounting for the sanctions imposed in this Order, Mr. Grossmann owes Elsevier a total sanctions award of $18,500.00. This sum must be paid, in its entirety, by June 30, 2017. In its prior Orders, the Court has cautioned Mr. Grossmann that if he failed to pay his outstanding sanctions obligations and/or continued to engage in the misconduct against which this Court has repeatedly warned him, the Court would consider imposing more severe sanctions than the monetary penalties imposed to date, such as precluding him from making certain defenses at any new trial held in this case and/or striking Mr. Grossmann's answer and entering a default judgment for Plaintiffs. Mr. Grossmann has failed to heed the Court's prior warnings, and this will be the FINAL WARNING he will receive. If Mr. Grossmann does not comply with this Court's orders that he (i) stop contacting Elsevier, Wiley, JPMorgan Chase and their employees and their counsel and (ii) pay Elsevier the $18,500.00 that he owes them by June 30, 2017, the Court will impose a more severe sanction that will effectively end this case. Elsevier is directed to advise the Court by July 7, 2017, (i) whether Mr. Grossmann has paid the sanctions award that he owes and (ii) what further sanction Elsevier seeks and feels is appropriate in these circumstances. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/2/2017) Copies Mailed By Chambers. (rjm)
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| Filing 352 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 5/29/17 re: SECOND AMENDED COMPLAINT(CASE 1:12-CV-5121 DOCUMENT 344 FILED 5/23/17). Document filed by Pierre Grossman, Pierre Grossman.(sc) |
| Filing 351 LETTER (email) addressed to nigel.portwoowood@oup.com, et al from Pierre Grossmann dated 5/23/2017 re: These large publishers and their accomplices second bananas attorneys established a USA Federal and State Courts Free of Human Rights (see attached ORDER 331) and unfair exclusionary practice by paying bribes and graft in order to get privileged data from public and private research institutions in Brazil, including oil and gas company Petrobras, and as further specified in this letter. Document filed by Pierre Grossman. (rjm) |
| Filing 350 LETTER (email) addressed to nigel.portwoowood@oup.com, et al. from Pierre Grossmann dated 5/19/2017 re: We filled criminal complaints in USA, EUROPE and BRAZIL against the digital cartel: Elsevier BV, John Wiley and Sons, Blackwell, EBSCO and many others nonprofit publishers and their second bananas lawyers accomplices that used anticompetitive practices to cause serious demages to PTI and other Brazilian competitor PPT (see attached) in order to license periodical content contracts public institutions in Brazil without participating in bids and by paying bribes to Corrupt Government Officials, and as further specified in this letter. Document filed by Pierre Grossman. (rjm) |
| Filing 348 LETTER (email) addressed to mtarson@stcwlaw.com, et al from Pierre Grossmann dated 5/29/2017 re: URGENT Meeting at the Chase Bank in Garden City. Document filed by Pierre Grossman. (rjm) |
| Filing 347 ANSWER to #346 Amended Complaint. Document filed by Pierre Grossman. (Attachments: #(1) Ex. 1, #(2) Ex. 2, #(3) Ex. 3, #(4) Ex. 4) (rjm) |
| Filing 346 SECOND AMENDED COMPLAINT amending #1 Complaint, #33 Amended Complaint, against John Doe Nos. 1-50, Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais.Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Related document: #1 Complaint filed by Elsevier Inc., #33 Amended Complaint, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc.. (Attachments: #1 Exhibit A to Second Amended Complaint (Spreadsheet of Fraudulent Subscriptions))(Jurkevich, Jason) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Lee Jurkevich to RE-FILE re: Document No. #345 Amended Complaint,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Add Pierre Grossmann to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 345 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #1 Complaint, #33 Amended Complaint, against John Doe Nos. 1-50, Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais.Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Related document: #1 Complaint filed by Elsevier Inc., #33 Amended Complaint, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc.. (Attachments: #1 Exhibit A to Second Amended Complaint (Spreadsheet of Fraudulent Subscriptions))(Jurkevich, Jason) Modified on 5/25/2017 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Lee Jurkevich to RE-FILE Document No. #344 Amended Complaint,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 344 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED COMPLAINT amending #1 Complaint, #33 Amended Complaint, against Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais.Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Related document: #1 Complaint filed by Elsevier Inc., #33 Amended Complaint, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc.. (Attachments: #1 Exhibit A to Second Amended Complaint (Spreadsheet of Fraudulent Subscriptions))(Jurkevich, Jason) Modified on 5/24/2017 (pc). |
| Filing 343 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 5/17/2017 re: Criminal Complaint 990159-16 2/1/2016 (Attached), and as further specified in this email letter. Document filed by Pierre Grossman. (rjm) |
| Filing 342 LETTER addressed to t/connelly@acs.org, et al. from Pierre Grossmann On Behalf Of Pierre Grossmann - PTI dated 5/12/2017 re: Elsevier Case 1-12-cv-05121-KPF Document 33 8 - OPINION AND ORDER. TELL JOHN WILEY AND SONS/ELSEVIER BV/BLACKWELL/EBSCO AND THE NONPROFIT INSTITUTIONS BOARD OF DIRECTORS AND THE OTHER TRAITORS ACCOMPLICES SECOND BANANAS THAT ARE ALSO RESPONSIBLE FOR THE MONITORING AND SPYING THE RESEARCHER AT CAPES AND PETROBRAS, THAT THEY FIRST MUST SETTLE THE CORRUPTION BRIBERY FINES WITH THE GOVERNMENT. (rjm) |
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Filing 341
MEMO ENDORSEMENT on re: #334 Letter,, filed by Pierre Grossman ENDORSEMENT: The Court is in receipt of this email motion from Mr. Grossmann, sent in response to this Court's April 25, 2017 Order (the "April 25 Order"), which motion seeks relief pursuant to Federal Rule of Civil Procedure 60(b) from the sanctions awarded to Plaintiffs in that Order. Mr. Grossmann's motion is DENIED. The Court does not find that Mr. Grossmann has demonstrated the implication of any of Rule 60(b)'s grounds for relief. And because "[r]elief under Rule 60(b) is 'generally not favored and is properly granted only upon a showing of exceptional circumstances,'" absent any such showing Mr. Grossmann's motion must be denied. Ins. Co. of N. Am. v. Pub. Serv. Mut. Ins. Co., 609 F.3d 122, 131 (2d Cir. 2010) (quoting United States v. Int'l Bhd. of Teamsters, 247 F.3d 370, 391 (2d Cir. 2001)). (Signed by Judge Katherine Polk Failla on 5/11/2017) Copies Mailed By Chambers. (jwh)
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| Filing 340 LETTER (email) addressed to scwhiteh, scwhitteh from Pierre Grossmann - PTI dated 5/11/2017 re: I want to hear your suggestions for a course of action in order to get back my livelihood. Document filed by Pierre Grossman. (rjm) |
| Filing 349 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 5/10/17 re: Elsevier Case 1-12-cv-05121-KPF Document 338-OPINION AND ORDER. Document filed by Pierre Grossman.(mro) |
| Filing 339 LETTER (email) addressed to Jason Jurkevich, et al. from Pierre Grossmann dated 5/9/2017 re: 12 Civ. 5121 (KPF) OPINION AND ORDER, and as further specified in this email letter. (rjm) |
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Filing 338
OPINION AND ORDER re: #297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a). MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15 filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. For the reasons stated above, Plaintiffs' motion for a new trial as to Defendant Grossmann on the issue of domestic injury is GRANTED. Plaintiffs' motion for leave to file a Second Amended Complaint as to Defendants PTI and IBIS is also GRANTED. The Clerk of Court is directed to terminate the motion pending at docket entry 297. Plaintiffs must file their Second Amended Complaint on or before May 30, 2017. A trial regarding the issue of domestic injury is set to begin at 9:00 a.m. on January 8, 2018. The Court understands that Plaintiffs may wish to renew or file anew the motions contemplated in their motion papers. (Def. Br. 13 & n.4). The Court reminds Plaintiffs of Rule 4 of its Individual Rules of Practice in Civil Cases, which Rule governs the process Plaintiffs should follow to do so. (As further set forth in this Opinion and Order.) (Signed by Judge Katherine Polk Failla on 5/8/2017) Copies Mailed By Chambers. (mro)
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| Set/Reset Deadlines: ( Amended Pleadings due by 5/30/2017.), Set/Reset Hearings:( Bench Trial set for 1/8/2018 at 09:00 AM before Judge Katherine Polk Failla.) (mro) |
| Filing 337 LETTER: addressed to Judge Katherine Polk Failla, from PIERRE GROSSMAN, dated May 4, 2017, re: Elsevier Inc. v. Grossman, et al. Document filed by Pierre Grossman. (docketed in 16cv4201) (ap) Modified on 5/4/2017 (ap). |
| Filing 336 LETTER (email) addressed to Carl Straumsheim from Pierre Grossmann dated 5/3/2017 re: Please consider mother of all bombs news release on INSIDE HIGHER ED the attached ongoing case in US Federal and State Courts and if you need more details call Mobile phone ELSEVIER BV Martin O'Malley 31 6 23266586 (He is the one that signed most of the fraud contracts in Brazil monitoring IP address and privileged information of the database end-user with THE MINISTRY OF EDUCATION-CAPES and PETROBRAS and more than 450 research institutions in BRAZIL, and as further specified in this email letter. (rjm) |
| Filing 335 LETTER (email) addressed to Jason Jurkevich; 'Max Gershenoff'; john.rivkin@rivkin.com from Pierre Grossmann dated 5/1/2017 re: Brazil have no special treatment for corrupt foreign top & second bananas. Document filed by Pierre Grossman. (rjm) |
| Filing 334 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre Grossman dated 4/27/2017 re: MEMO ENDORSED Attached Sanctions Order of $13,500.00 (12 Civ. 5121 (KPF) issued by the United States District Court-Katherine Polk Failla against Pierre Grossmann and 50 other Brazilian citizens in favor Elsevier, Inc Elsevier BV, Elsevier Ltd and Elsevier Masson SAS that licensed digital content in the Brazilian marketplace with fraud exclusivity SOLE SUPPLIER fraud statements, and them monitored with corrupt consent more than 450 public institutions including Petrobras. Document filed by Pierre Grossman. (rjm) |
| Filing 333 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre Grossman dated 4/27/2017 re: FW: NYSD Chambers of JUDGE KATHERINE POLK FAILLA MEMO ENDORSED Elseviers Case 1-12-cv-05121-KPF. Document filed by Pierre Grossman. (rjm) |
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Filing 332
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 4/26/2017 re: Attached Sanctions Order of $13.500.00 (12 Civ. 5121 (KPF) issued by the United States District Court- Katherine Polk Failla against Pierre Grossmann and 50 other Brazilian citizens in favor Elsevier, Inc Elsevier BV, Elsevier Ltd and Elsevier Masson SAS that licensed digital content in the Brazilian marketplace with fraud exclusivity SOLE SUPPLIER fraud statements, and them monitored with corrupt consent more than 450 public institutions including Petrobras. ENDORSEMENT: The Court is in receipt of this email from Mr. Grossmann, sent in response to this Court's April 25, 2017 Order (the "April 25 Order"), which email the Court will construe as a motion under Federal Rule of Civil Procedure 59(e) to alter or amend judgment and a motion under Local Civil Rule 6.3 for reconsideration, or, in the alternative, as a motion under Federal Rule of Civil Procedure 60(b) for relief from a judgment or order. See Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006); see also Tracy v. Freshwater, 623 F.3d 90, 101 (2d Cir. 2010). Mr. Grossmann challenges the propriety of the Court's April 25 Order "for the reason of impediment." He appears to believe that the Court is conflicted and should recuse itself from hearing this case, and that the Court's alleged conflict invalidates the April 25 Order. However, as the Court indicated in the April 25 Order, the individual with whom Mr. Grossmann takes issue in his motion is not the husband of the undersigned. The Court is not acquainted with this individual. He and the undersigned share the same surname, but no more. For this reason, Mr. Grossmann's motion is DENIED. (Signed by Judge Katherine Polk Failla on 4/26/2017) Copies Mailed By Chambers. (cla)
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Filing 331
ORDER: The Court presumes familiarity with the underlying facts and procedural history of this litigation, since Defendant Pierre Grossmann's flouting of this Courts orders has been outlined previously, and in great detail. (Dkt. #212, 228, 244, 275, 281, 292, 301). The Court will therefore describe only recent events; as further set forth herein. For these 18 violations of the Court's January 6, 2017 Order, the Court sanctions Mr. Grossmann $9,000.00, to be paid to Elsevier ($500 per each of the above 18 emails that Elsevier and/or its counsel received). Mr. Grossmann must make these payments by May 31, 2017. The Court has determined that it will not sanction Mr. Grossmann for three additional emails of which it is aware: First, the Court will not sanction Mr. Grossmann for the email he sent directly to the Court on April 3, 2017, because the email provided Mr. Grossmann's opposition to Elsevier's request for further sanctions and was properly sent to the Court alone, and not to counsel for or employees of Wiley, Elsevier, and JPMorgan Chase. (Dkt. #326). Second, the Court will not sanction Mr. Grossmann for his similar March 6, 2017 opposition to this Court's sanctions orders, though he did send it in an email on which he copied counsel for Wiley, Elsevier, and JPMorgan Chase in violation of this Court's orders. (Dkt. #316). The Court has sanctioned Mr. Grossmann for the second portion of that email correspondence, however, which the Court has docketed separately and described above (Dkt. #315), because it referred to Elsevier's counsel by an ethnic slur and plainly was meant to be threatening. (Id.). Finally, the Court will not sanction Mr. Grossmann for his March 8, 2017 email containing only the automatic reply message of an Elsevier employee. (Dkt. #317). The Court understands that Mr. Grossmann has not complied with its January 26, 2017, and February 17, 2017 sanctions orders, insofar as Mr. Grossmann has failed to pay Elsevier the $2,500.00 and $2,000.00 awarded therein. (Dkt. #323). The Court is aware that Mr. Grossmann has attempted to satisfy at least one of these obligations by making a payment to Elsevier's Brazilian affiliate. (Dkt. #308). But the Court has already informed Mr. Grossmann that such a method of payment is unacceptable. (Id.). Mr. Grossmann must make his payments to Elsevier directly, by check mailed to Elsevier's counsel. (Id.). Accounting for the sanctions imposed in this Order, Mr. Grossmann owes Elsevier a total sanctions award of $13,500.00. This sum must be paid, in its entirety, by May 31, 2017. Elsevier's counsel has requested that the Court impose additional sanctions to compensate Plaintiffs for Mr. Grossmann's "willful violations of the Court's prior Orders," which necessitate[] Elsevier to incur legal fees and force[] the Court to spend its time addressing his misconduct, rather than on substantive matters that could move this action closer to a final resolution." (Dkt. #323). The Court declines to do so today. If however, by May 31, 2017, Mr. Grossmann has not paid his outstanding sanctions obligations and/or continues to engage in the misconduct against which this Court has repeatedly warned him, the Court will consider imposing more severe sanctions than the monetary penalties imposed to date, such as precluding Mr. Grossmann from making certain defenses at any new trial held in this case and/or striking Mr. Grossmann's answer and entering a default judgment for Plaintiffs. (Signed by Judge Katherine Polk Failla on 4/25/2017) Copies Mailed By Chambers. (mro)
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| Filing 330 LETTER addressed to U.S. Department of Justice from Pierre Grossmann dated 4/18/2017 re: ATTACHED DOCUMENT 327 Case 1.12-cv-05121 (KPF) REQUEST FOR OPPENING AN INVESTIGATION: Sent to Procurador Deltan Dellagnol in Brazil and FCP Coordinator, Criminal Div. Fraud Section in USA. Document filed by Pierre Grossman.(cla) |
| Filing 329 LETTER addressed to U.S. Department of Justice from Pierre Grossmann dated 4/24/2017 re: COUNTERING CRIMINAL CONDUCT. Document filed by Pierre Grossman.(cla) |
| Filing 328 LETTER addressed to U.S. Department of Justice from Pierre Grossmann dated 3/6/2017 re: IT IS TIME TO INVESTIGATE ACCOMPLICES ATTORNEYS SECOND BANANAS NICOLE HAFF, ROGER MALDONADO, AND JASON JURKEVICH ARE MAKING IMPOSSIBLE FOR PTI/PIERRE GROSSMANN/IBIS CORP AND OTHER FOREIGN INDIVIDUALS AND FIRMS TO DEFEND OURSELVES BECAUSE THEY ARE USING U.S.D.J HON. KATHERINE POLK FAILLA-UNITED STATES DISTRICT COURT-SOUTHERN DISTRICT OF NEW YORK INDIVIDUAL RULES ON CIVIL LITIGATION FOR NEFARIOUS SCAMS TARGETING FOREIGN FIRMS AND FOREIGN INDIVIDUALS MAKING FALSE RICO ACCUSATIONS TO DELEGITIMIZE OTHER BRAZILIAN CONTENT SUPPLIERS INCLUDING MY FIRM PTI IN ORDER TO CELEBRATE FRAUD CONTRACTS AND SPECIALY EVADE TAX IN BRAZIL. Document filed by Pierre Grossman.(cla) |
| Filing 327 EMAIL: from Pierre Grossman dated 4/13/2017. Document filed by Pierre Grossman.(ap) |
| Filing 326 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 4/3/2017 re: Brazilians Sanctions payments -Reply to Letter from Elsevier Plaintiffs. Document filed by Pierre Grossman.(cla) |
| Filing 325 LETTER addressed to Jason Jurkevich from Pierre Grossmann dated 3/22/2017 re: John Failla editorial director & husband of Judge Katherine Polk Failla, U.S.D.J. ties to Nielson Media and the RELX Reed Elsevier Group. Document filed by Pierre Grossman.(cla) |
| Filing 324 LETTER addressed to Jason Jurkevich, Nicole Haff, Roger Maldonado, Michele Tarson REED ELSEVIER/JOHN WILEY AND SONS / BLACKWELL/EBSCO SECOND BANANAS, TOP BANANAS and others from Pierre Grossmann dated 3/27/2017 re: USD$20 Million Relief for Extortion Case in Brazil. Document filed by Pierre Grossman.(cla) |
| Filing 323 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated March 29, 2017 re: Request for Additional Sanctions against Defendant Pierre Grossmann for Continued Non-Compliance with Court Orders. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 322 REPLY to Response to Motion re: #297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a). MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15. Letter Reply in Further Support of Motion. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 321 LETTER addressed to CORRUPT AND GREEDY ACCOMPLICES SECOND BANANAS LAWYERS, JASON JURKEVICH, MATT STRATTON COUNSEL FOR ELSEVIER, BV AND NICOLE HAFF, ROGER MALDONADO JOHN WILEY, BLACKWELL, MICHELE TARSON OF JP MORGAN CHASE, ANDREW PITTS AND OTHERS THAT ARE EQUALLY RESPONSIBLE FOR HUGE FRAUD IN BRAZIL. from Pierre Grossmann dated 3/20/2017 re: IBIS CORP. US$:522.992,56- BUSINESS LOSS WRITE-OFF OF FEDERAL TAXES DISCLOSURE IN 2016. Document filed by Pierre Grossman.(cla) |
| Filing 320 LETTER addressed to John Wiley and Sons Christopher Mackenzie, Reed Elfeinbein and Thomas Keavey and 'Reed Elseviers Martin O'Malley, EBSCO Humberto Moll and others from Pierre Grossmann dated 3/15/2017 re: Order to Show Cause. Document filed by Pierre Grossman.(cla) |
| Filing 319 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 3/6/17 re: Defendant Pierre Grossmann responds to the letter, dated 1/27/16, of Jason Jurkevich asking for replacing check and address to send it; and that the Court Sanctions order payments to three plaintiffs(Elsevier, Wiley and JPMorgan Chase) are illegal, yet he paid in full to their offices in Brazil. Document filed by Pierre Grossman.(sc) |
| Filing 318 LETTER addressed to Bunch of Accomplices (second bananas) Extortion Lawyers from Pierre Grossmann dated 3/8/2017 re: Opposition of Motion for a New Trial and Leave to Amend. Document filed by Pierre Grossman.(cla) |
| Filing 317 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 3/6/2017 re: Resposta Automatica. Document filed by Pierre Grossman.(cla) |
| Filing 316 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 3/6/2017 re: Response to January 27, 2017 letter of Jason Jurkevich. Document filed by Pierre Grossman.(cla) |
| Filing 315 LETTER (E-Mail) addressed to Jason from Pierre Grossman dated 3/6/17 re: The corruption in America's courts will disgust and frighten you and propel you into a world of racketeering, greed, larceny, malicious prosecution, and outrageous disdain for due process, the Rule of Law, the United States Constitution, the Bill of Rights and Professional Responsibility Standards, Rules and Statutes. Document filed by Pierre Grossman. (mro) |
| Filing 314 LETTER addressed to Raymond Hulser & Kenneth A. Blanco from Pierre Grossmann dated 3/3/2017 re: ELSEVIER /WILEY / JP MORGAN -CHASE BANK MONEY LAUNDERING /BRIBERY/KICKBACK/MONITORING SCHEME IN BRAZIL IN COMPLIENCE WITH US FEDERAL AND STATE COURTS. Document filed by Pierre Grossman.(cla) |
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Filing 313
MEMO ENDORSEMENT on re: (308 in 1:12-cv-05121-KPF) Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: The Court understands that the funds designated to be paid to the Elsevier Plaintiffs were misdirected to a non-party to this litigation. Therefore, the Court orders that Mr. Grossmann provide new checks that are directed to the address provided in this letter from Elsevier's counsel. The Court understands that Mr. Grossmann believes that the Brazilian entities to which he has directed the prior checks should be able to accept them on behalf of former-Interpleader-Defendant Wiley and the Elsevier Plaintiffs, but he is incorrect. Moreover, this is not his decision to make. The Court has ORDERED him to pay the entities designated in this letter and in the February 24 letter filed by Wiley's counsel (Dkt. #89, 91), and he must do so. (Signed by Judge Katherine Polk Failla on 3/2/2017) Copies Mailed by Chambers. (mro)
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| Filing 312 LETTER (E-Mail) from Pierre Grossmann dated 3/2/17 re: AT:FINANCIAL CRIMES ENFORCEMENT NETWORK (FinCEN) REED ELSEVIER/JOHN WILEY and SONS/BLACKWELL/JP MORGAN-CHASE MONEY LAUNDERING?BRIBERY/KICKBACK SCHEME IN BRAZIL IN COMPLIENCE WITH US FEDERAL AND STATE COURTS. Document filed by Pierre Grossman. (mro) |
| Filing 311 LETTER (E-Mail) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 3/2/17 re: Please see the attached FCPA Blog article related to John Wiley/Elsevier BV and others ongoing corruption investigations in Brazil. Document filed by Pierre Grossman.(mro) |
| Filing 310 LETTER (E-Mail) addressed to Nicole Haff from Pierre Grossmann dated 3/1/17 re: Kindly Inform the Judge that I don't need a receipt from you anymore. Be sure to tell John Wiley, Blackwell, Elsevier Directors Christopher McKenzie, Tom Keavey, Reed Elfeinbein and others that paid bribes to more than 450 public research institution in Brazil, celebrated fraud contracts at the Ministry of Education-CAPES and Petrobras that I need to receive USD $20.000.000.00 losses you and the other second bananas accomplices own me, before their incarceration in Brazil. Document filed by Pierre Grossman. (mro) |
| Filing 309 LETTER (E-Mail) addressed to Branch Manager Antonia and VP Michael Fischman from Pierre Grossmann dated 3/1/17 re: Please see the attached article JPMorgan pays $264 million to resolve Sons and Daughters Program by Richard L. Cassin on the FCPA blog about white-collar crime enforcement and compliance. Document filed by Pierre Grossman.(mro) |
| Filing 308 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated March 2, 2017 re: January 26, 2017 Order for Payment of Sanctions to Elsevier. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 307 LETTER addressed to ELSEVIER EDITORA LTDA, WILEY BRASIL LTDA, BANCO J.P. MORGAN from Pierre Grossmann dated 2/27/2017 re: Illegal Sanctions payments ordered by US Federal Courts against Brazilian individuals and firms competitors that also conduct business at CAPES-Portal de Periodicos/MEC, and more than 450 public institutions including Petrobras in Brazil. Document filed by Pierre Grossman.(cla) |
| Filing 306 LETTER addressed to Raymond Hulser & Kenneth A. Blanco from Pierre Grossmann dated 2/21/2017 re: United States District Court Judge KATHERINE POLK FAILLA CONTINUOUS SANCTIONS ORDERS" Gives Green Light to Extorsion of Brazilian Citizens and Firms. Document filed by Pierre Grossman.(cla) |
| Filing 305 LETTER addressed to Jason Jurkevich, Nicole Haff, Roger Maldonado from Pierre Grossmann dated 2/23/2017 re: Plea-Bergaining Agreement for paying bribes to Brazilian Government Officials is approved by The Brazilian Supreme Court. Document filed by Pierre Grossman.(cla) |
| Filing 304 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 2/22/2017 re: Payments of imposed sanctions by US federal Courts to Elsevier and Wiley in Brazil. Document filed by Pierre Grossman.(cla) |
| Filing 303 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 2/20/17 re: Defendant Pierre Grossmann writes that, for the foregoing reasons(as indicated), he requests that the U.S. Federal and the State Court pay all of his losses, deny the motion for a new trial against defendant Pierre Grossman, PTI and IBIS, and deny the proposed Second Amended Complaint by Elsevier. Document filed by Pierre Grossman.(sc) |
| Filing 302 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 2/20/2017 re: #297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a). MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15. Document filed by Pierre Grossman. (cla) |
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Filing 301
ORDER: For these five violations of the Court's January 6, 2017 Order, the Court sanctions Mr. Grossmann $3,000.00, to be divided between Elsevier and Wiley in the following manner: Mr. Grossmann is ordered to pay $2,000.00 to Elsevier ($500 per each of the above four emails that Elsevier and / or its counsel received) and to pay $1,000.00 to Wiley (per each of the above two emails sent before January 31, 2017 that Wiley and / or its counsel received). Mr. Grossmann must make these payments by March 3, 2017. In his letter to the Court dated February 15, 2017, Mr. Grossmann requested that Elsevier and Wiley provide receipts documenting Mr. Grossmann's payment to them of the sanctions imposed in the January 26 Order. (Dkt. #296). The Court therefore directs the parties to file such documentation on the dockets of these cases, serve this documentation on Mr. Grossmann by mail, and provide the documentation to the Court upon the parties' receipt of Mr. Grossmann's sanctions payments. The Court will then provide that documentation to Mr. Grossmann by email. (Signed by Judge Katherine Polk Failla on 2/17/2017) Copies Mailed By Chambers. (cla)
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| Filing 300 MEMORANDUM OF LAW in Support re: #297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a). MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 299 DECLARATION of Jason L. Jurkevich in Support re: #297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a). MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to Jurkevich Declaration (proposed Second Amended Complaint), #2 Exhibit B to Jurkevich Declaration (redline of proposed Second Amended Complaint))(Jurkevich, Jason) |
| Filing 298 DECLARATION of Maribel Burgos in Support re: #297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a). MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to Burgos Declaration (Trial Exhibit P-10), #2 Exhibit B to Burgos Declaration (screen shots from Delta Fulfillment System), #3 Exhibit C to Burgos Declaration (screen shots from ARGI Fulfillment System), #4 Exhibit D to Burgos Declaration (audit history for Advances in Mathematics), #5 Exhibit E to Burgos Declaration (audit history for Environmental Research), #6 Exhibit F to Burgos Declaration (invoices for journals shipped from Europe), #7 Exhibit G to Burgos Declaration (screen shots showing User IDs of Customer Service Reps), #8 Exhibit H to Burgos Declaration (screen shots of Order for International Journal of Oral and Maxillofacial Surgery), #9 Exhibit I to Burgos Declaration (location information for Customer Service Rep Shirley Goldsborough), #10 Exhibit J to Burgos Declaration (location information for former Customer Service employees), #11 Exhibit K to Burgos Declaration (updated spreadsheet including shipment/authorization information))(Jurkevich, Jason) |
| Filing 297 MOTION for New Trial against Pierre Grossmann on the Issue of "Domestic Injury" Pursuant to Fed. R. Civ. P. 59(a)., MOTION to Amend/Correct Complaint pursuant to Fed. R. Civ. P. 15. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 296 LETTER (E-Mail) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 2/15/17 re: In respect to UNITED STATES SOUTHERN DISTRICT OF NEW YORK SANCTIONS ORDERS to Pro-Se defendant Pierre Grossmann to pay Plaintiff Elsevier (Legal Order Docket 281 & 292), enclosed please find a copy of the attached payments made in Brazil. Please tell the stakeholders and second bananas lawyers accomplices of Elsevier, John Wiley and Sons, JP Morgan Chase that we need a receipt for this international organized criminal shakedown in order to comply with tax authorities in Brazil. Document filed by Pierre Grossman. (mro) |
| Filing 295 LETTER (E-Mail) from Pierre Grossmann dated 2/15/17 re: Inaceitavel Violacao Da Soberania Brasileira. Document filed by Pierre Grossman.(mro) |
| Filing 294 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 2/2/2017 re: Please see the attached correspondence which "Michelle E. Tarson, representing JP Morgan Chase Bank N.A. just send a copy to me today, where she requests from the Court "that any sanctions imposed upon Mr. Grossman for unauthorized communications also be paid to JP Chase." Document filed by Pierre Grossman.(sac) |
| Filing 293 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 1/31/2017 re: I, my company PTI in Brazil and IBIS Corp was named defendant in a litigation which I considered a criminal case, at U.S.D.C.S.D.N.Y. see Order #281 . Document filed by Pierre Grossman.(sac) |
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Filing 292
ORDER: The Court therefore orders the following: (i) On January 31, 2017, the parties discontinued the interpleader action, 16 Civ. 4201 (KPF), through a consent order that was so-ordered by the Court. (Dkt. #76). On February 1, 2017, former interpleader plaintiff JPMorgan Chase Bank filed a motion for sanctions, seeking to join the Court's January 6, 2017 order. However, as of January 31, 2017, the interpleader case was closed. The Court thus directs former interpleader parties JPMorgan Chase Bank and Wiley Periodicals, Inc., to advise the Court, on or before February 17, 2017, how the Court has jurisdiction to sanction Mr. Grossmann on their behalf, given that they are no longer parties in any case pending before the Court. (ii) In response to any such filing by JPMorgan Chase Bank and Wiley Periodicals, Inc., Mr. Grossmann may file an opposition on or before March 3, 2017; as further set forth herein. Finally, the Court reminds Mr. Grossmann that he has been ordered to pay Elsevier $2,000.00 and Wiley $2,000.00 by February 28, 2017. Moreover, the terms of the Court's January 6 Order are still in force. The Court will not hesitate to impose sanctions for further violations of that order. (Signed by Judge Katherine Polk Failla on 2/8/2017) Copies Mailed by Chambers. (mro)
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| Filing 291 LETTER (E-Mail) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 2/7/17 re: U.S. FEDERAL AND STATE COURTS DECISIONS IN FAVOR OF ELSEVIER AND WILEY, BLACWELL AND OTHERS CORRUPT SUPPLIERS AT THE PORTAL DE PERIODICOS-CAPES-DO MINSTERIO DA EDUCACAO. Document filed by Pierre Grossman.(mro) |
| Filing 290 LETTER (E-Mail) addressed to Leslie R. Caldwell and Deltan Martinazzo Dallagnol from Pierre Grossmann dated 2/6/17 re: YES-WE-HAVE-A GANG OF SECOND BANANAS CORRUPT ACCOMPLICES IN THE BRAZILIAN MARKETPLACE. Document filed by Pierre Grossman.(mro) |
| Filing 288 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 2/2/2017 re: Conspiracy to use the US Federal and State Courts fraud Brazilian Public Research Institutions. Document filed by Pierre Grossman.(cla) |
| Filing 289 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann re: Plaintiff informs the Court that this court of law is no place for the sanctions which it ordered against him to pay Elsevier and John Wiley and Sons $2,000.00 each, to compensate the two parties to these two litigations etc. Document filed by Pierre Grossman.(sc) |
| Filing 287 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 1/31/17 re: I, my company PTI in Brazil and IBIS Corp was named defendant in a litigation (*) which I considered a criminal case, at United States District Court Southern District of New York.(*) see attached 12-cv-5121 Elsevier Doc 281 by plaintiffs: 1- Elsevier Inc, Elsevier BV., Elsevier Ltd, Elsevier Masson SAS, 2- JPMorgan Chase Bank, NA, 3-John Wiley & Sons, Inc., Blackwell Publishing, ltd,U.K. Please be advised that the salesman and lawyers accomplices of Elsevier BV, John Wiley & Son, Blackwell, EBSCO, member of the PSI-Andrew Pitts powerful cartel for monitoring privileged data from Brazilian research institutions including Petrobras, that are fraudulently using the US Federal and State Courts to slander and extort PTI in USA and IBIS Corp in USA. Also, they committed tax evasion, tax fraud, money laundering in Brazil. Document filed by Pierre Grossman. (mro) |
| Filing 286 LETTER (E-Mail) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 1/30/17 re: Violations of the US constitutional laws and Brazilian sovereignty may lead to an international lawsuit. I am a Brazilian citizen and Jason Jurkevich, Nicole Haff, Roger Maldonado, and the others lawyers accomplices that committed bribes, extortion and fraud in Brazil violated the Foreign Corrupt Practice Act, international Law and Brazilian laws and Brazilian sovereignty. Document filed by Pierre Grossman.(mro) |
| Filing 285 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/28/16 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 284 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/28/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Greenblum, (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 2/21/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 5/1/2017.(McGuirk, Kelly) |
| ***DELETED DOCUMENT. Deleted document number #286 TRANSCRIPT. The document was incorrectly filed in this case. (mt) |
| Filing 283 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 1/26/2017 re: Wiley-Blackwell products. (cf) |
| Filing 282 LETTER addressed to Ms. Nicole Haff from Pierre Grossmann dated 1/26/2017 re: Sanctions. (cf) |
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Filing 281
ORDER: For these four violations of the Court's January 6, 2017 Order, the Court sanctions Mr. Grossmann $4,000.00, to be divided evenly between Elsevier and Wiley: Mr. Grossmann is ordered to pay Elsevier $2,000.00 and to pay Wiley $2,000.00 by February 28, 2017. (Signed by Judge Katherine Polk Failla on 1/25/2017) Copies Mailed By Chambers. (kgo)
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| Filing 280 LETTER addressed to Nicole, Michele, Roger and Jason Jurkevich from Pierre Grossmann dated 1/26/2017 re: Willingness to enter settlement with me. (cf) Modified on 1/26/2017 (cf). |
| Filing 279 LETTER (E-Mail) addressed to Nicole Haff from Pierre Grossmann dated 1/25/17 re: Stop complaining to the Judge, for your information your moser false accusation is already in the courts transcripts. In my first day in Court as a Pro Se defendant I suggested to Jason Jurkevich, since we are both a devotees of Judaism, that we settle this case at the rabbinical court-Beth Din of America He rejected my offer, you ask Judge Failla or Jason. Document filed by Pierre Grossman. (mro) |
| Filing 278 LETTER addressed to 2 Banana lawyers Nicole Haff and Roger Maldonado and other John Wiley & Sons, Blackwell, Elseviers hired accomplices from Pierre Grossmann dated 1/24/17 re: Your law firm and the cartel need to be mindful of serious violations of competition law and the Foreign Corrupt Practices Act. This law also apply to "Second Bananas Lawyers!" Document filed by Pierre Grossman.(mro) |
| Filing 277 LETTER (E-MAIL) from Pierre Grossmann dated 1/22/17. Document filed by Pierre Grossman.(mro) |
| Filing 276 LETTER (E-MAIL) addressed to Jason Jurkevich from Pierre Grossmann dated 1/20/17 re: The foreign digital publishing cartel Reed-Elsevier, John Wiley and Sons, Ebsco, Blackwell and other digital content providers established in Brazil a dominant Big Brother digital "Super State", free of competitors, free of paying taxes, free from the constrains of the anti-trust regulators, free of cyber security, free of Human Rights, as further set forth herein. Document filed by Pierre Grossman.(mro) |
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Filing 275
ORDER: The Court presumes familiarity with the underlying facts and procedural histories of this litigation, as the history of Defendant Pierre Grossmann's flouting of this Court's orders has been outlined previously, and in great detail. (See Dkt. #212, 228, 244). Most recently, after repeatedly explaining to Mr. Grossmann why his conduct was both counterproductive to his litigation objectives and contemptuous of the Court's authority, and issuing a monetary sanction that had little if any corrective impact on Mr. Grossmann's behavior, the Court issued an Order on November 3, 2016 (the "November 3 Order"), as set forth herein. The Court therefore finds itself compelled to exercise its inherent power to sanction Mr. Grossmann for his violations of its orders, in an effort to enforce his compliance with future orders and to compensate the parties to these litigations for the time and resources that they have been forced to expend on the countless fire drills prompted by Mr. Grossmann's harassing conduct. See Powell v. Ward, 643 F.2d 924, 931 (2d Cir. 1981) (internal quotation marks omitted) (quoting McComb v. Jacksonville Paper Co., 336 U.S. 187, 191 (1949)); see also Revson v. Cinque & Cinque, 221 F.3d 71, 78 (2d Cir. 2000). Mr. Grossmann's threats of criminal prosecution and campaign of harassing communications, occasionally laced with racial slurs and references to historical atrocities, are entirely without color and motivated by the improper purpose of extorting a monetary settlement. See Milltex Indus. Corp. v. Jacquard Lace Co., 55 F.3d 34, 38 (2d Cir. 1995) (quoting Oliveri v. Thompson, 803 F.2d 1265, 1272 (2d Cir. 1986)). The sanction to be imposed is as follows: The Court will consider EVERY communication that is sent to the parties to one or both of these related cases, or to their counsel, or on which the parties or their counsel are copied, that has not been expressly authorized by the Court, to violate this and prior Court orders. For EVERY such communication, Mr. Grossmann will be fined $1,000.00, which is to be split evenly by Wiley and Elsevier with $500 going to each. Each of these fines is assessed against Mr. Grossmann to compensate the parties for the time and resources that they are forced to dedicate to respond to each communication from Mr. Grossmann. To be clear, as of the issuance of this Order, the ONLY communication that the Court contemplates receiving from Mr. Grossmann is his scheduled opposition to Plaintiff's contemplated motion to amend their pleadings pursuant to Federal Rule of Civil Procedure 15(b)(2), which opposition is due on March 17, 2017. The Court will consider ANY other communications sent to the Court, Defendants, and/or Defendants' counsel, to be sent in violation of this and the Court's prior orders, and therefore sanctionable. Mr. Grossmann may continue to petition government agencies to open investigations or intercede in these cases on his behalf, but Mr. Grossmann MAY NOT use such petitions to coerce the parties to this Court's cases. He therefore MAY NOT copy the parties or their counsel on his communications to such agencies; notice of the fruits of Mr. Grossmann's efforts will assuredly be provided by the agencies themselves, if and as they see fit. (Signed by Judge Katherine Polk Failla on 1/6/2017) (mro)
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| Filing 274 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated January 6, 2017 re: Computation of Prejudgment Interest on Breach of Contract Damages against PTI and IBIS through 12/30/2016. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A to January 6, 2017 Letter (Computation of Prejudgment Interest))(Jurkevich, Jason) |
| Filing 273 LETTER addressed to Whom It May Concern Pierre Grossman from 1/6/17 dated 1/6/17 re: Tell the directors and the stakeholders at Elsevier BV, John Wiley and Sons, Blackwell, EBSCO, PSI and others sole fraudulent suppliers to public research institutions in Brazil including PETROBRAS, that Judicial decisions that determine where a case should be adjudicated, often based upon which jurisdiction has the most significant relationship to the transaction. Conflict of Law principles may call for a contract dispute to be decided in a place other than a place within the jurisdiction the parties have fixed in the contract. Document filed by Pierre Grossman. (mro) |
| Filing 272 LETTER from Pierre Grossmann dated 1/3/2017 re: The corruption scandal that has rocked Brazil socially, economically and politically. (cf) |
| Filing 271 LETTER from Pierre Grossmann dated 1/4/2017 re: Jason, Don't forget Judge Failla ordered you to send me a copy of the December 28 Court transcripts. Before you leave for your vacation abroad, be sure to sent me a copy. Thank you. Document filed by Pierre Grossman.(mro) |
| Filing 270 LETTER addressed to Leslie R. Caldwell from Pierre Grossmann dated 1/3/17 re: This corruption scandal has rocked Brazil socially, economically and politically. This is the biggest scam in the history of mankind because involves spying of privileged data. Please see the letter below I sent to the Hon. Katherine Polk Failla United States District Court For The Southern District of New York. Document filed by Pierre Grossman.(mro) |
| Filing 269 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 1/2/17 re: Please stop the Jason Jurkevich renewed motion to continue the 4 years lynching of the victims of the cartel! This is a criminal proceedings. It is absurd that you insist in the Federal Rule of Civil Proceeding. Last week in Court I informed your Honor personally, that the evidence of domestic injury provided Elseviers counsel Jason Jurkevich and Andrew Pitts of PSI is FRAUDULENT. Document filed by Pierre Grossman. (mro) |
| Filing 268 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann re: Contact information to discuss high priority matter to Brazil and Usa. (cf) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 12/28/2016. (Court Reporter Steven Greenblum) (Lopez, Jose) |
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Filing 267
ORDER: Finding Plaintiffs' proffer sufficient to satisfy the standard announced in RJR Nabisco, Inc. v. European Cmty., __ U.S. __, 136 S. Ct. 2090 (2016), the Court hereby grants Plaintiffs leave to move to amend their pleadings pursuant to Federal Rule of Civil Procedure 15(b)(2). Plaintiffs' motion to amend must be filed by February 15, 2017. Defendants must file any opposition to Plaintiffs' motion by March 17, 2017, and Plaintiffs may reply by March 31, 2017. (As further set forth in this Order.) Motions due by 2/15/2017. Responses due by 3/17/2017 Replies due by 3/31/2017. (Signed by Judge Katherine Polk Failla on 12/28/2016) (cf)
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| Filing 266 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 12/13/16 re: Plaintiff requests that the Court see the attached complaint(as indicated) which he made to the Federal Attorney General in Brazil who is in charge of Lava-Jato the Car Wash, the local Police Office in Brazil about the New York Car Wash Connection. Document filed by Pierre Grossman, Pierre Grossman. (Attachments: #1 Errata)(sc) |
| Filing 265 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 12/22/16 re: Please see the attached complaint I made to the Federal Attorney General in Brazil in charge of Lava-Jato the Car Wash the local Police office in Brazil about the New York Car Wash Connection. (mro) |
| Filing 264 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 12/13/16 re: Defendant Pierre Grossman informs the Court that content providers, Elsevier BV and John Wiley, Blackwell and others are seeking absolute control in the Brazilian marketplace, and are using organized criminal tactics at the U.S. Federal and State Courts to destroy competitors and avoid accountability. Document filed by Pierre Grossman.(sc) |
| Filing 263 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 12/13/2016 re: PTI's and IBIS Corp. Document filed by Pierre Grossman.(cla) |
| Filing 262 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 12/6/2016 re: JPMORGAN CHASE BANK DEFENDANT JOHN WILEY ANSWER AND CROSSCLAIMS. Document filed by Pierre Grossman.(cla) |
| Filing 261 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/30/16 re: Plaintiff submits this letter with enclosed correspondence which he sent to the attorneys and executive at Elsevier, Blackwell, Wiley in Brazil(as indicated). Document filed by Pierre Grossman.(sc) Modified on 12/5/2016 (sc). |
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Filing 259
OPINION AND ORDER: re: #231 MOTION to Correct Judgment re: #222 Memorandum & Opinion Motion Pursuant to Rule 60(a) to Correct August 4, 2016 Opinion and Order. filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. For the foregoing reasons, Plaintiffs' motion is GRANTED. The Court amends its August 4, 2016 Opinion and Order as follows: The Court's reference on page 50 to the "Ex. A, lines 10[] [and] 16-31" is corrected to reference "Ex. A, lines 10[] [and] 26-31." The two references to "28" subscription contracts," one on page 50 and one on page 51, are each corrected to reference "36" subscription contracts. And the Court's parenthetical on page 50 identifying the "Exhibit A subscriptions" is amended from "Ex. A, lines 2-7, 9, 11, 13-15, 33-41, 43-44, 46-51" to "Ex. A, lines 2-7, 9, 11-16, 18-24, 33-39, 41, 43-44, 46-51. The parties must submit their proposed interest calculations to the Court by December 31, 2016. Any additional post-trial motions contemplated by the parties will be discussed at the conference presently scheduled for December 28, 2016, at 3:30 p.m. The Clerk of Court is directed to terminate the motion at docket entry 231. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/02/2016) Copies Mailed By Chambers. (ama)
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Filing 257
ORDER: The Court understands that Defendant Pierre Grossmann will be available for an in-person conference in late December 2016. The parties are therefore directed to appear for a status conference on December 28, 2016, at 3:30 PM, in Room 618 of the Thurgood Marshall Courthouse. The parties should be prepared to discuss with the Court their intentions regarding the next steps in this case. In the interim, Mr. Grossmann is ORDERED not to contact Wiley, Elsevier, their representatives or executives, or their counsel without prior permission from the Court. Wiley and Elsevier are similarly ORDERED not to contact Mr. Grossmann without prior permission from the Court. Any party seeking permission must advise the Court, in writing that is submitted ex parte to the Court alone, of the reasons why the communication is necessary and include a copy of the proposed communication. If the Court agrees that the communication is relevant and appropriate, it will permit the party to send the communication. ( Status Conference set for 12/28/2016 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/2/2016) Copies Mailed by Chambers. (mro)
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| Filing 260 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 11/24/16 re: Plaintiff submits this letter to the Court with attached letter which he sent to the U.S. Department of Justice, Criminal Division, Fraud Section. Document filed by Pierre Grossman.(sc) |
| Filing 258 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 11/25/16 re: Plaintiff informs the Court that, in fairness to both sides, he requested that his lawyer, Gabriela Zancaner Brunini, of the law firms which represent him in Branzil, to offer Elsevier, Wiley Offices in Brazil the possibilities of settling this matter out of Court. Document filed by Pierre Grossman. (Attachments: #1 Errata)(sc) |
| Filing 256 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/30/16 re: Attached please find Chase Case 1-16-cv-04201-KPF Document 45-46-47-48, Also please see the correspondence below I send to attorneys and executive at Elsevier, Blackwell, Wiley in Brazil. Document filed by Pierre Grossman. (mro) |
| Filing 255 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/22/16 re: Defendant Pierre Grossmann informs the Court that he is forwarding to the Court the attached contracts(as indicated) so that the Court can deliver to the Fraud Section of the Department of Justice and to the FBI, because Elsevier and Wiley, Blackwell, EBSCO licensed to Petrobas and its subsidiaries around the world, including in the USA; and that these contracts, without bids, inflated prices and never paid any local taxes or income taxes in Brazil etc. Document filed by Pierre Grossman.(sc) |
| Filing 254 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/25/16 re: Aldous Huxley said "Facts do not cease to exist because they are ignored," Pierre Grossmann is a Brazilian citizen, PTI is a Brazilian company and IBIS is a USA Corp. paid fair taxes never did any wrongdoings. We are victims in the U.S. District Court Southern District of New York Federal and State Courts, and at the Supreme Court of the State of New York of crimes of fraud, false RICO defamation, invasion of privacy, infliction of emotional distress, misuse of legal proceedings, conversion of personal property, even more explicitly, these midnight bill collectors went in to my home and stole my car by intimidating harassing Frank Paccione family the building concierge in his home, committed by Jason Jurkevich, Nicole Haff, Roger Maldonado, Michelle Tarson, Andrew Pitts, Max Gershenoff and others that think they are above the law. Document filed by Pierre Grossman. (mro) |
| Filing 253 LETTER addressed to Coordinator of Fraud Section from Pierre Grossmann dated 11/24/16 re: Attorney Jason Jurkevich for Sills Cummins & Gross, and Ms. Nicole Haff attorney, Roger Maldonado for Balber, Pickard and Maldonado are using fraudulently the US Federal and State Courts for criminal acts against foreign individual and competitor suppliers in Brazil in order to monopolize the entire Brazilian digital periodical content marketplace. Document filed by Pierre Grossman.(mro) |
| Filing 252 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/24/16 re: Please see the attached letter I sent to the US Dept. of Justice. Document filed by Pierre Grossman.(mro) |
| Filing 251 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 11/23/2016 re: Cases and Review Releases Relating to Bribes to Foreign Officials. (cf) |
| Filing 250 LETTER (email) addressed to Jason Kurkevich from Pierre Grossmann dated 11/22/2016 re: Recent Cases and Review Releases Relating to Bribes to Foreign Officials. (rjm) |
| Filing 249 LETTER (email) addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 11/22/2016 re: Digital content provider ELSEVIERS, JOHN WILEY AND Sons U.S. citizens Jason Jurkevich, Matt Stratton, Nicole Haff and Roger Maldonado once again criminally uses the US Federal and State Courts to legitimize and get support for their false RICO accusations against Brazilian competitor suppliers, to defame and disparaged the good name and reputation of PTI a Brazilian competitor content supplier, and Pierre Grossmann a Brazilian citizen, in order to obtain lucrative overpriced periodical database contracts from public institutions in Brazil, and as further specified in this letter. (rjm) |
| Filing 248 LETTER addressed to Assistant Attorney General Lanny A. Breuer from Pierre Grossmann dated 11/18/2016 re: P.S. ALSO ATTACHED PLEASE FIND Elsevier and Wiley, Blackwell licensing digital contents contracts without bids in the Brazilian oil and gas company PETROBRAS. Document filed by Pierre Grossman.(ama) |
| Filing 247 LETTER addressed to Assistant Attorney General Lanny A. Breuer from Pierre Grossmann dated 11/18/2016 re: ELSEVIERS Attorney Jason Jurkevich and John Wileys attorney Nicole Haff o and Michelle Tarson of the Morgan Chase Bank, believes that The US The Federal Court should impose a default Judgment against me a Brazilian citizen, and my company in Brazil, in this case as well, (Please see attached). Document filed by Pierre Grossman.(ama) |
| Filing 246 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated November 17, 2016 re: Further Violations by Pierre Grossman of the Court's November 3, 2016 Order. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (Pierre Grossman 11-16-16 email), #2 Exhibit B (Pierre Grossman 11-17-16 email))(Jurkevich, Jason) |
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Filing 245
ORDER. Mr. Grossmann has no right to file an answer in the 2016 interpleader action, and the Court will not consider it. To the extent that Mr. Grossmann's letter is intended to serve as a motion for reconsideration, that motion is DENIED. The standard for a motion to reconsider under Local Civil Rule 56.1 is "strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked matters, in other words, that might reasonably be expected to alter the conclusion reached by the court." Shrader v.CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). "[A] motion to reconsider should not be granted where the moving party seeks solely to relitigate an issue already decided." Id. Mr. Grossmann's November 10, 2016 letter does not point to controlling decisions or data that the Court overlooked. (2016 Dkt. #43). Rather, Mr. Grossmann's letter reiterates the claims that he has made in many prior letters and filings, and which the Court carefully considered in resolving its Order to Show Cause. (2012 Dkt. #244, 2016 Dkt. #41). Mr. Grossmann may not now relitigate these matters in a motion to reconsider, and his motion is DENIED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/15/2016) Copies Mailed By Chambers. (rjm)
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Filing 244
ORDER: Accordingly, the Court ORDERS that a default judgment be entered against Pierre Grossmann in Case No. 16 Civ. 4201 (KPF), and that he not be permitted to file a claim on the funds in the Chase account. In so ordering, the Court emphasizes-particularly to Mr. Grossmann-that it came very close to (i) defaulting Mr. Grossmann in the 2012 litigation or (ii) precluding Mr. Grossmann from responding to certain arguments raised by or contemplated from Elsevier in its post-trial motions. The Court is still considering the imposition of those sanctions in the 2012 litigation, but would prefer to see if Mr. Grossmann can, going forward, abide by Court orders. The Court cannot state this plainly enough: Any communications from Mr. Grossmann to Wiley or Elsevier representatives concerning the subject matters of the two litigations before this Court-or the claims of civil or criminal liability that have been advanced by Mr. Grossmann in any of the emails outlined in this or prior orders of this Court-must be sent to outside counsel, and may not be sent to Wiley or Elsevier representatives directly. Moreover, any communications must be informative, or responsive to requests for information; in other words, Mr. Grossmann may not send communications containing harassment, intimidation, personal insults, or threats of bodily harm similar to those discussed by the Court in this and previous orders. For now, the Court will lift the ban on contact between Mr. Grossmann and the attorneys for Wiley and Elsevier. However, any sign of harassment or intimidation on the part of any party to these litigations will result in a reimposition of the ban, and, very likely, additional sanctions pursuant to the authorities discussed above. (As further set forth in this Order.) (Signed by Judge Katherine Polk Failla on 11/3/2016) Copies Mailed by Chambers. (mro)
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| Filing 243 LETTER addressed to NY Antitrust Enforcement Staff from Pierre Grossman dated 8/26/2016 re: NY Antitrust Bureau. Document filed by Pierre Grossman. (Attachments: #1 Attachments)(cla) |
| Filing 242 LETTER from Pierre Grossman dated 10/19/2016 re: bribery and money laundering. Document filed by Pierre Grossman (cf) Modified on 11/1/2016 (cf). |
| Filing 241 LETTER from Pierre Grossman dated 10/11/2016 re: Contratos bem-feitos diminuem custos, reduzem riscos, aumentam lucros e contribuemp ara um melhorf uncionamentod a economia. Document filed by Pierre Grossman (cf) Modified on 11/1/2016 (cf). Modified on 11/1/2016 (cf). |
| Filing 240 LETTER from Pierre Grossman dated 9/16/2016 re: ELSEVIER NEWS. Document filed by Pierre Grossman (cf) Modified on 11/1/2016 (cf). Modified on 11/1/2016 (cf). |
| Filing 239 LETTER from Pierre Grossman dated 10/5/2016 re: No Brasil quase todos nos somos empreendedores e de acordo com 0 IBGE 64 milhoes de pessoas declaram-se fora do mercado de trabalho. 0 sofrimento do povo foi muito impactante. Document filed by Pierre Grossman (cf) Modified on 10/31/2016 (cf). Modified on 11/1/2016 (cf). Modified on 11/1/2016 (cf). |
| Filing 238 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 10/14/2016 re: Please find attached in support of Order to Show Cause. Document filed by Pierre Grossman. (Attachments: #1 Main Document, #2 Main Document)(sac) |
| Filing 237 REPLY ORDER TO SHOW CAUSE. Document filed by Pierre Grossman. (Attachments: #1 Exhibit, #2 Exhibit)(sc) |
| Filing 236 RESPONSE in Support of Motion re: #231 MOTION to Correct Judgment re: #222 Memorandum & Opinion,,,,,, Motion Pursuant to Rule 60(a) to Correct August 4, 2016 Opinion and Order. Letter Reply in Further Support of Motion. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 235 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/16/16 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...(Siwik, Christine) |
| Filing 234 TRANSCRIPT of Proceedings re: Conference held on 8/16/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Jerry Harrison, (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 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(Siwik, Christine) |
| Filing 233 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 8/22/16 re: Plaintiff submits this letter with attached copy of check payable to Elsevier Editora Ltda in Brazil in the amount of R$6.077.67 per Hon. Katherine Polk Failla's order of sanctions for Pierre Grossmann to pay plaintiff Elsevier. Document filed by Pierre Grossman.(sc) |
| Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION to Correct Judgment re: #222 Memorandum & Opinion,,,,,, Motion Pursuant to Rule 60(a) to Correct August 4, 2016 Opinion and Order. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 231 MOTION to Correct Judgment re: #222 Memorandum & Opinion,,,,,, Motion Pursuant to Rule 60(a) to Correct August 4, 2016 Opinion and Order. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 230 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 8/22/16 re: JPMORGAN BANK COURT TRANSCRIPTS & 8/16/16, AT 10:00 AM CONFERENCE CALL WITH HON. JUDGE FAILLA ABOUT ORDERED PAYMENT TO ELSEVIER. Document filed by Pierre Grossman. (Attachments: #1 Exhibit)(sc) |
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Filing 229
ORDER: On August 25, 2016, the Court entered an Order to Show Cause, requiring Mr. Pierre Grossman to file a written submission by September 23, 2016, to explain why the Court should not take any one of various listed actions against him. During the pendency of this Order to Show Cause, Mr. Grossman was further ordered not to contact Wiley, Elsevier, their representatives, or their counsel without prior permission from the Court. Wiley and Elsevier were similarly ordered not to contact Mr. Grossman without prior permission from the Court. The Court writes to clarify that its directive that the parties refrain from contacting one another without prior permission from the Court does not apply to the exchange of filings previously scheduled by the Court, such as those relating to Elsevier's motion for reconsideration in Case No. 12 Civ. 5121. The parties are to exchange such filings according to the schedule(s) previously ordered by the Court. (Signed by Judge Katherine Polk Failla on 8/26/2016) Copies Mailed By Chambers. (tn)
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Filing 228
ORDER TO SHOW CAUSE: Mr. Grossman is ORDERED TO SHOW CAUSE, in writing, to be submitted to the Court on or before September 23, 2016, why the Court should not take one or more of the following actions against him for his persistent violation of Court orders: Entering a default judgment against Mr. Grossman in the interpleader action docketed at 16 Civ. 4201; Precluding Mr. Grossman from asserting any claim, raising any defense, or opposing any claim or defense with respect to the funds that are at issue in the interpleader action docketed at 16 Civ. 4201; Precluding Mr. Grossman from introducing evidence in the interpleader action docketed at 16 Civ. 4201; Taking as established arguments or other designated facts advanced by Elsevier or Wiley in the interpleader action docketed at 16 Civ. 4201; Entering a default judgment against Mr. Grossman in the civil RICO action docketed at 12 Civ. 5121; Precluding Mr. Grossman from asserting any claim, raising any defense, or opposing any claim or defense with respect to post-trial proceedings in the civil RICO action docketed at 12 Civ. 5121; Precluding Mr. Grossman from introducing evidence in the civil RICO action docketed at 12 Civ. 5121; Taking as established arguments or other designated facts advanced by Elsevier in the civil RICO action docketed at 12 Civ. 5121; and Imposing monetary sanctions, including but not limited to the payment of Wiley's or Elsevier's costs and attorneys' fees. To be clear: The Court is currently considering imposing one or more of these sanctions on Mr. Grossman, pursuant to Federal Rule of Civil Procedure 37 and the Court's own inherent authority; by means of this Order, it is affording Mr. Grossman an opportunity to explain in writing why such sanctions are not necessary or appropriate. If Mr. Grossman does not submit anything in response to this Order to Show Cause, the Court will decide on an appropriate course of action without his input. Should the Court determine that input from any other party would be useful, it will issue a separate order to that effect. During the pendency of this Order to Show Cause, Mr. Grossman is further ORDERED not to contact Wiley, Elsevier, their representatives, or their counsel without prior permission from the Court. Wiley and Elsevier are similarly ORDERED not to contact Mr. Grossman without prior permission from the Court. Any party seeking permission must advise the Court, in writing that is submitted ex parte to the Court alone, of the reasons why the communication is necessary and include a copy of the proposed communication. If the Court agrees that the communication is relevant and appropriate, it will permit the party to send the communication. (Signed by Judge Katherine Polk Failla on 8/25/2016) Copies Emailed By Chambers. (tn)
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Filing 227
ORDER DENYING REQUEST FOR PRO BONO COUNSEL: Defendant's request is DENIED without prejudice. If Defendant wishes the Court to authorize the appointment of pro bono counsel for the limited purpose of assisting Defendant with post-trial proceedings in this case (and not to investigate unrelated allegations of misconduct against Plaintiffs), and Defendant is not already receiving legal assistance from other counsel (known or unknown to the Court), Defendant may apply for IFP status using the attached form. (The Court will disregard those portions of the form suggesting that the applicant - here, Mr. Grossman - is the plaintiff in this case.) However, even if the Court approves Defendant's application and issues an order for the appointment of pro bono counsel, the Court advises Defendant that there is no guarantee, given the scarcity of volunteer attorneys for pro bono appointment in civil cases, that volunteer counsel will be available to assist Defendant in this regard. (Signed by Judge Katherine Polk Failla on 8/23/2016) Copies Mailed By Chambers. (tn)
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| Filing 226 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 8/15/16 re: Defendant Pierre Grossman requests that the Court help him to appoint a Civil Rights Counsel for assistance and to begin an investigation in these matters(as previously indicated). Document filed by Pierre Grossman.(sc) |
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Filing 225
ORDER: Plaintiffs' anticipated motion for reconsideration, or in the alternative, for relief under Federal Rule of Civil Procedure 60, is due on August 26, 2016. Defendants' opposition to Plaintiffs' motion is due on September 14, 2016. Plaintiffs' reply is due on September 21, 2016. Once the Court rules on Plaintiffs' motion for reconsideration/relief, it will set a schedule for the parties to address the other motions discussed during today's telephonic conference in the case. Motions due by 8/26/2016. Responses due by 9/14/2016. Replies due by 9/21/2016. (Signed by Judge Katherine Polk Failla on 8/16/2016) Copies Mailed By Chambers. (tn)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 8/16/2016. (Court Reporter Jerry Harrison) (Lopez, Jose) |
| Filing 224 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 8/1/16 re: Plaintiff advises the Court that, following the Court's Order dated 7/6/16 to pay the plaintiff, Elsevier Inc., et al. the sum of US$1,890.00 by 8/22/16, Pierre Grossmann and IBIS Corp. business accounts are being restrained by court orders etc. Document filed by Pierre Grossman.(sc) |
| Filing 223 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman re: Please be advised that Pierre Grossman and IBIS Corp business accounts are being restrained by court orders. Document filed by Pierre Grossman.(kko) |
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Filing 222
OPINION AND ORDER. For the foregoing reasons, the RICO Motion is granted; the Damages Motion is denied; the Motion for Final Default Judgment is granted in part and denied in part; and the Fee Motion is denied. If Plaintiffs wish to file a renewed motion for a new trial against Defendant Grossman under Rule 59, or for leave to amend the pleadings as to PTI or IBIS under Rule 15, they may do so within 30 days. In addition, the parties must submit their proposed interest calculations to the Court within 30 days. The parties are directed to appear for a telephone conference on August 16, 2016, at 10:00 a.m. to discuss the next steps in this case. The Clerk of Court is directed to terminate the motions at docket entries 185, 187, 189, and 192. SO ORDERED. re: #189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc., #187 FINAL MOTION for Default Judgment as to Defendants Publicacoes Tecnicas Internacionais and International Bibliographic Information Services Corp. a/k/a IBIS Corp. filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc., #185 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, Alternatively, for Partial New Trial Solely as to The Issue of RICO Damages Pursuant to Fed. R. Civ. P. 59(a) filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc., #192 MOTION to Dismiss filed by Pierre Grossman. (Signed by Judge Katherine Polk Failla on 8/4/2016) Copies Mailed By Chambers. (rjm)
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| Set/Reset Hearings: Telephone Conference set for 8/16/2016 at 10:00 AM before Judge Katherine Polk Failla. (rjm) |
| Filing 221 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 7/15/16 re: Defendant Pierre Grossmann submits this letter with attached Supplemental Post-Trial Memorandum of Law of Pierre Grossmann(as indicated), which he e-filed on 7/15/16. Document filed by Pierre Grossman.(sc) |
| Filing 220 SUPPLEMENTAL POST-TRIAL MEMORANDUM OF LAW OF PIERRE GROSSMANN. Document filed by Pierre Grossman. (tn) |
| Filing 219 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #187 FINAL MOTION for Default Judgment as to Defendants Publicacoes Tecnicas Internacionais and International Bibliographic Information Services Corp. a/k/a/ IBIS Corp.., #185 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, Alternatively, for Partial New Trial Solely as to The Issue of RICO Damages Pursuant to Fed. R. Civ. P. 59(a). Supplemental Brief Pursuant to Order dated June 24, 2016. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 218 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 7/7/2016 re: We are reaching out to ask you to protect Frank Paccione family. Document filed by Pierre Grossman.(lmb) |
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Filing 217
ORDER: By Order dated June 27, 2016, this Court granted Plaintiffs' December 2015 motion for sanctions and directed Plaintiffs to provide the Court with a schedule of the costs incurred. (Dkt. #212). On July 1, 2016, the Court received a letter from Plaintiffs' counsel, explaining the fees charged for: (i) preparing Plaintiffs' letter motion dated December 11, 2015; and (ii) participating in the December 17, 2015 telephone conference. (Dkt. #214). Having reviewed this letter, the Court believes that both the hours for which counsel billed and the applicable billing rate are reasonable. As a result, Defendant Pierre Grossman is ORDERED to pay Plaintiffs the sum of $1,890 by August 22, 2016. (Signed by Judge Katherine Polk Failla on 7/6/2016) Copies Mailed by Chambers. (mro)
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| Filing 216 MEMO ENDORSEMENT on re: #215 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: The Court deliberately phrased its request for supplemental briefing in broad terms and would like the parties discuss any potential inconsistencies that they see in the jury's responses. Given the impending deadline for supplemental briefing, Plaintiffs must email a copy of this endorsed letter to Defendant. (Signed by Judge Katherine Polk Failla on 7/6/2016) Copies Mailed by Chambers. (mro) |
| Filing 215 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 6, 2016 re: requesting Further Direction with respect to Item 2 of the Court's Order dated June 24, 2016. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 214 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 1, 2016 re: Summary of Costs and Fees related to Sanctions Motion in accordance with the Court's Order dated June 27, 2016. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 213 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 6/27/2016 re: Please se attached settlement letter to Elsevier's attorney Jason Jurkevich. Document filed by Pierre Grossman.(rdz) |
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Filing 212
ORDER: Plaintiffs' December 2015 motion for sanctions, currently under advisement, is GRANTED. Plaintiffs shall provide to the Court a summary of the costs incurred in preparing its motion and participating in the December 17, 2015 conference. Mr. Grossman is ORDERED not to send similarly threatening, intimidating, religious-themed, and/or offensive communications to any of the parties involved in this case or their counsel. Unless previous permission is obtained from the Court, Mr. Grossman is ORDERED to communicate in this matter only with counsel for Plaintiffs, and not to send to or copy any Elsevier employees on his communications. If Mr. Grossman violates any of these directives, the Court will take action in this litigation, and will consider imposing one or more of the sanctions listed in Federal Rule of Civil Procedure 37, including directing that arguments or other designated facts advanced by Plaintiffs be taken as established for purposes of the action; prohibiting Mr. Grossman from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence; striking Mr. Grossman's pleadings in whole or in part; finding him in contempt of court; or imposing monetary sanctions, including but not limited to the payment of Plaintiffs' costs and attorneys' fees. Mr. Grossman is now on notice: if he continues to violate the Court's orders, the Court can disregard his post-trial motions and enter a final judgment in favor of Elsevier. (Signed by Judge Katherine Polk Failla on 6/27/2016) Copies Mailed By Chambers. (tn)
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Filing 211
ORDER: By July 15, 2016, the parties must submit supplemental briefing on their post-trial motions, addressing the following questions: Did Plaintiff plead and prove "a domestic injury to business or property," as required by RJR Nabisco, Inc., et al. v. European Community et al., 579 U.S. __ (2016)? If not, what is the appropriate remedy? Are any of the jury's responses to the special verdict questions "ineluctably inconsistent"? Cash v. Cty. of Erie, 654 F.3d 324, 343 (2d Cir. 2011). Can the Court consider this issue sua sponte, particularly in light of Plaintiff's pro se status? (Signed by Judge Katherine Polk Failla on 6/24/2016) (tn)
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| Filing 210 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 5/30/16 re: Defendant Pierre Grossman replies to Jason Jurkevich's attached letter (as indicated) and the Account Activity Report he received of the IBIS Corp Morgan Chase Account Activity for May 2016 with the present balance $0.00, Available Balance($823,969.80) instructed by legal order of Elsevier to place a hold on these funds $300,000.00 and instructed by legal order to place a hold by John Wiley & Sons $523,969.80 and withdrawl of $147,385.72 shutting down IBIS Corp and PTI businesses by stealing the money of PTI and the IBIS clients. Document filed by Pierre Grossman.(sc) |
| Filing 209 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated May 27, 2016 re: Chase Account Balance. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 208 REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION OF PIERRE GROSSMANN TO DISMISS THE RICO CLAIM; re: #192 MOTION to Dismiss. Document filed by Pierre Grossman. (sc) |
| Filing 207 DECLARATION of Jason L. Jurkevich in Support re: #189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (Detailed invoices since February 16, 2016) 1)(Jurkevich, Jason) |
| Filing 206 REPLY MEMORANDUM OF LAW in Support re: #189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 205 MEMORANDUM OF LAW IN OPPOSITION TO THE PLAINTIFFS' MOTION FOR FEES & COSTS; re: #189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. Document filed by Pierre Grossman. (sc) |
| Filing 204 MEMORANDUM OF LAW in Opposition re: #192 MOTION to Dismiss. (Elsevier Plaintiffs' Memorandum of Law in Opposition to Motion by Defendant Pierre Grossman for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b)). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 203 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 1/14/16 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 202 TRANSCRIPT of Proceedings re: trial held on 1/14/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016.(McGuirk, Kelly) |
| Filing 201 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 1/13/16 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 200 TRANSCRIPT of Proceedings re: trial held on 1/13/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016.(McGuirk, Kelly) |
| Filing 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 1/12/16 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 198 TRANSCRIPT of Proceedings re: trial held on 1/12/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Patricia Nilsen, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016.(McGuirk, Kelly) |
| Filing 197 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a trial proceeding held on 1/11/16 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 196 TRANSCRIPT of Proceedings re: trial held on 1/11/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2016. Redacted Transcript Deadline set for 3/24/2016. Release of Transcript Restriction set for 5/23/2016.(McGuirk, Kelly) |
| Filing 195 MEMORANDUM OF LAW IN SUPPORT OF MOTION OF PIERRE GROSSMANN TO DISMISS THE RICO CLAIM; re: #192 MOTION to Dismiss. Document filed by Pierre Grossman. (sc) |
| Filing 194 MEMORANDUM OF LAW in Support re: #192 MOTION to Dismiss. Document filed by Pierre Grossman. (Attachments: #1 Exhibit A)(tn) |
| Filing 193 AFFIRMATION of Pierre Grossman in Support re: #192 MOTION to Dismiss. Document filed by Pierre Grossman. (tn) |
| Filing 192 MOTION to Dismiss under F. R. Civ. P. 50(b) of the RICO claim brought under 18 U.S.C. 1962(c). Document filed by Pierre Grossman.(tn) |
| Filing 191 DECLARATION of Jason L. Jurkevich in Support re: #189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A - Firm bio of Jason L. Jurkevich, #2 Exhibit B - Firm bio of Mark E. Duckstein, #3 Exhibit C - Firm bio of Mark S. Olinsky, #4 Exhibit D - Firm bio of Marianne Kehoe, #5 Exhibit E - Firm bio of Edward V. Colavito, #6 Exhibit F (part 1) - Itemized Invoices, #7 Exhibit F (part 2) - Itemized Invoices, #8 Exhibit F (part 3) - Itemized Invoices, #9 Exhibit G - Deposition Transcript Invoice)(Jurkevich, Jason) |
| Filing 190 MEMORANDUM OF LAW in Support re: #189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 189 MOTION for Attorney Fees and Costs Pursuant to 18 U.S.C. 1964(c) of RICO. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 188 MEMORANDUM OF LAW in Support re: #187 FINAL MOTION for Default Judgment as to Defendants Publicacoes Tecnicas Internacionais and International Bibliographic Information Services Corp. a/k/a/ IBIS Corp.. and to Award Damages and Prejudgment Interest. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 187 FINAL MOTION for Default Judgment as to Defendants Publicacoes Tecnicas Internacionais and International Bibliographic Information Services Corp. a/k/a/ IBIS Corp.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Responses due by 3/15/2016(Jurkevich, Jason) |
| Filing 186 MEMORANDUM OF LAW in Support re: #185 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, Alternatively, for Partial New Trial Solely as to The Issue of RICO Damages Pursuant to Fed. R. Civ. P. 59(a). . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 185 MOTION for Judgment as a Matter of Law Pursuant to Fed. R. Civ. P. 50(b) or, Alternatively, for Partial New Trial Solely as to The Issue of RICO Damages Pursuant to Fed. R. Civ. P. 59(a). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Responses due by 3/15/2016(Jurkevich, Jason) |
| Filing 184 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 2/1/16 re: Plaintiff informs the Court that, in regard to the Court's 1/29/16 order granting a preliminary injunction attaching $300,000. 00 in the JPMorgan Chase account of IBIS, any attachment is unjustified because, amoung other things, Elsevier's allegations about other parties do not meet the requirements for a preliminary injunction. Document filed by Pierre Grossman.(sc) |
| Filing 183 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 1/29/16 re: Plaintiff responds to the 1/27/16 Court Order and letter of Jason Jurkevich asking for a preliminary injunction and a pre-judgment attachment of the JPMorgan Chase account of IBIS. Document filed by Pierre Grossman.(sc) |
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Filing 182
ORDER re: #181 Letter, filed by Pierre Grossman: On February 1, 2016, this Court received a letter from Defendant Pierre Grossman, contesting the Court's Preliminary Injunction. (Dkt. #181). In this letter, Mr. Grossman does not appear to make any arguments on his own behalf; rather, he makes arguments on behalf of IBIS. As this Court has reminded Mr. Grossman on several occasions, only an attorney can argue on behalf of a corporate entity such as IBIS. See Sec. & Exch. Comm'n v. Research Automation Corp., 521 F.2d 585, 589 (2d Cir. 1975). Because Mr. Grossman is not a licensed attorney, this Court will not consider his letter. (Signed by Judge Katherine Polk Failla on 2/1/2016) Copies Mailed By Chambers. (tn)
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| Filing 181 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 2/1/2016 re: By over-securing Elsevier and crippling IBIS, the defendants are the ones suffering the greater hardship, and I urge the Court to reduce the amount of the attachment. Document filed by Pierre Grossman. (tn) |
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Filing 180
ORDER granting #174 Motion for Writ of Attachment: the Court will GRANT Plaintiffs' motion for preliminary injunctive relief. The Court hereby restrains $300,000 in the IBIS Corp. account located at J.P. Morgan Chase Bank. (See Dkt. #156 at 9 ("Elsevier believes an attachment in the amount of $300,000 should be sufficient security for any final judgment.")). (Signed by Judge Katherine Polk Failla on 1/29/2016) Copies Mailed By Chambers. (tn)
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| Filing 179 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 1/29/2016 re: I am responding to the January 27, 2016 Court ORDER and letter of Jason Jurkevich asking for a preliminary injunction and a pre-judgment attachment of the JPMorgan Chase account of IBIS. That letter of Mr. Jurkevich and the affidavit of Nicole Haff that Mr. Jurkevich submitted with his letter are full of inaccuracies and irrelevant statements. Document filed by Pierre Grossman.(ama) |
| Filing 178 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann dated 1/29/2016 re: I am responding to the January 27, 2016 Court ORDER and letter of Jason Jurkevich asking for a preliminary injunction and a pre-judgment attachment of the JPMorgan Chase account of IBIS. That letter of Mr. Jurkevich and the affidavit of Nicole Haff that Mr. Jurkevich submitted with his letter are full of inaccuracies and irrelevant statements. Document filed by Pierre Grossman.(ama) |
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Filing 177
ORDER. On January 27, 2016, Plaintiffs filed a renewed application for a writ of attachment. (Dkt. #174). The memorandum of law accompanying this application clarifies that Plaintiffs are seeking a writ of attachment or a preliminary injunction. (Dkt. #175). In light of the exhibits accompanying the declaration of Ms. Haff (Dkt. #176, Ex. 2-19), this Court will consider issuing a preliminary injunction, thereby restraining the funds in the IBIS Corp. account at J.P. Morgan Chase Bank until this Court rules on Plaintiff's application for a writ of attachment. If any Defendant objects to the imposition of a temporary restraining order, that Defendant must send a letter to the Court by 5:00 p.m. on Friday, January 29, 2016. The letter must explain why it would be inappropriate to impose a preliminary injunction at this time. Given the time-sensitivity, the Court is serving this Order on all parties by ECF and electronic mail. So ordered. (Signed by Judge Katherine Polk Failla on 1/27/2016) (rjm)
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| Filing 176 DECLARATION of Jason L. Jurkevich in Support re: #174 SECOND MOTION for Writ of Attachment as to J.P. Morgan Chase Bank N.A. to attach funds of defaulting Defendant Publicacoes Tecnicas Internacionais currently held in the account of defaulting defendant International Bibliographic Services Corp.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Affidavit Affirmation of Nicole Haff in Wiley Action, #2 Exhibit A to Haff Affirmation, #3 Exhibit B to Haff Affirmation, #4 Exhibit C to Haff Affirmation, #5 Exhibit D to Haff Affirmation, #6 Exhibit E to Haff Affirmation, #7 Exhibit F to Haff Affirmation, #8 Exhibit G to Haff Affirmation, #9 Exhibit H to Haff Affirmation, #10 Exhibit I to Haff Affirmation, #11 Exhibit J to Haff Affirmation, #12 Exhibit K to Haff Affirmation, #13 Exhibit L to Haff Affirmation, #14 Exhibit M to Haff Affirmation, #15 Exhibit N to Haff Affirmation, #16 Exhibit O to Haff Affirmation, #17 Exhibit P to Haff Affirmation, #18 Exhibit Q to Haff Affirmation, #19 Exhibit R to Haff Affirmation)(Jurkevich, Jason) |
| Filing 175 MEMORANDUM OF LAW in Support re: #174 SECOND MOTION for Writ of Attachment as to J.P. Morgan Chase Bank N.A. to attach funds of defaulting Defendant Publicacoes Tecnicas Internacionais currently held in the account of defaulting defendant International Bibliographic Services Corp. Letter Memorandum in Support of Motion. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 174 SECOND MOTION for Writ of Attachment as to J.P. Morgan Chase Bank N.A. to attach funds of defaulting Defendant Publicacoes Tecnicas Internacionais currently held in the account of defaulting defendant International Bibliographic Services Corp.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
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Filing 173
ORDER: The parties must adhere to the following schedule: Any post-verdict motions must be submitted by February 15, 2016. Responses to the post-verdict motions must be submitted by March 15, 2016. Replies must be submitted by March 29, 2016. Motions due by 2/15/2016. Responses due by 3/15/2016. Replies due by 3/29/2016. (Signed by Judge Katherine Polk Failla on 1/15/2016) (tn)
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| Filing 172 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/15 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 171 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Michael McDaniel, (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 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(McGuirk, Kelly) |
| Filing 170 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/5/16 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 169 TRANSCRIPT of Proceedings re: conference held on 1/5/2016 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kelly Surina, (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 2/8/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016.(McGuirk, Kelly) |
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Filing 168
ORDER re: #155 MOTION for Temporary Restraining Order in connection with Plaintiff's application for Writ of Attachment (proposed Order to Show Cause) filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc.: that Plaintiffs' application for a writ of attachment is DENIED WITHOUT PREJUDICE. Plaintiffs may renew their application for either form of relief if they present additional information suggesting that an order of attachment is necessary to protect their rights. (Signed by Judge Katherine Polk Failla on 1/15/2016) Copies Mailed By Chambers. (tn)
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| Filing 167 VERDICT FORM (CT. EXH 11, 1/14/2016 AT 4:45pm) dated January 14, 2016: in favor of the plaintiffs in the amount of $11,108.00, for sustained damages in the form of lost subscription revenues, as a proximate consequence of the defendant conducting or participating in the conduct of the affairs of the enterprise through a pattern of racketeering activity, and in the amount of $6,201.00, for sustained damages in the form of lost subscription revenues, as a proximate consequence of the defendant's breach of one or more contracts with the plaintiffs. (tn) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Jury Trial completed on 1/14/2016. (See verdict form). (Court Reporter Patricia Nilsen & Linda Fisher) (Lopez, Jose) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Jury Trial held on 1/13/2016. Jury trial cont'd. to 1/14/2016. (Court Reporter Patricia Nilsen & Linda Fisher) (Lopez, Jose) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Jury Trial held on 1/12/2016. Jury trial cont'd. to 1/13/2016. (Court Reporter Patricia Nilsen & Linda Fisher) (Lopez, Jose) |
| Filing 166 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/30/15 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 165 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/30/2015 before Judge Katherine Polk Failla. 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 2/5/2016. Redacted Transcript Deadline set for 2/16/2016. Release of Transcript Restriction set for 4/14/2016.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Jury Trial begun on 1/11/2016. Jury selection begun & completed. Trial cont'd. to 1/12/2016. (Court Reporter Patricia Nilsen & Linda Fisher) (Lopez, Jose) |
| Filing 164 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 1/3/2016 re: Defendant's letter response to Plaintiff's request for an order to show cause. Document filed by Pierre Grossman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) ***Docket and file instructions from chambers. (tn) |
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Filing 163
ORDER denying #133 Motion in Limine; denying #136 Motion in Limine; denying #141 Motion in Limine: that Plaintiffs' first motion in limine, requesting an adverse inference against Defendant Pierre Grossman, is DENIED in favor of the evidentiary restrictions described in the telephone conference on January 5, 2016. However, if Mr. Grossman does not abide by those evidentiary restrictions, or if other events during trial suggest that an adverse inference is warranted, Plaintiffs may renew their application for an adverse inference. Plaintiffs' second motion in limine, requesting permission for Rayan Guman to testify by video conference, is DENIED. Defendant Pierre Grossman's first motion in limine, seeking to preclude: (i) testimony from Andrew Pitts, Paolo Layung, and Rayan Guman; and (ii) documents and other materials generated by or on behalf of Publisher Solutions International ("PSI"), is DENIED. Defendant Pierre Grossman's second motion in limine, seeking to introduce: (i) a Brazilian police report; and (ii) allegedly false "exclusivity statements" that Plaintiffs filed with the Brazilian Ministry of Education, is DENIED. Furthermore, for the reasons stated during the telephone conference on January 5, 2016, Defendant Pierre Grossman may NOT discuss any of the following at trial: (i) allegations that Plaintiffs or PSI violated Brazilian privacy law; (ii) allegations that Plaintiffs or PSI blackmailed Mr. Grossman or anyone else; or (iii) allegations that Plaintiffs engaged in bid-rigging in Brazil. Plaintiffs must email a copy of this Order to Defendant Pierre Grossman. (Signed by Judge Katherine Polk Failla on 1/6/2016) (tn)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 1/5/2016. (Court Reporter Kelly Surina) (Lopez, Jose) |
| Filing 162 LETTER addressed to Judgements and Order Clerk from Pierre Grossman dated 12/31/2015 re: Pro se defendant writes to inform the Court that I am about to file a criminal complaint against Wiley's Counsel Nicole Heff, James Moss and Elsevier Counsel Jason L. Jurkevich. Document filed by Pierre Grossman.(tn) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jason Lee Jurkevich to RE-FILE Document #157 Declaration in Support of Motion #156 Memorandum of Law in Support of Motion. Use the event type Memorandum in Support (non-motion) and Declaration in Support (non-motion) found under the event list Other Answers. (db) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Jason Lee Jurkevich to MANUALLY RE-FILE Document No. #155 Order to Show Cause. This document is not filed via ECF. (db) |
| Filing 161 RESPONSE in Support of Motion re: #155 MOTION for Temporary Restraining Order in connection with Plaintiff's application for Writ of Attachment (proposed Order to Show Cause). Letter in Further Support of Plaintiffs' Application for Writ of Attachment and a Stay of Claims against defendant Pierre Grossman. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 12/30/2015. (Court Reporter Steven Griffing) (Lopez, Jose) |
| Filing 160 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 12/23/15 re: Plaintiff submits this letter with attached Affirmation in Support of a Motion to Vacate Restraining Notice; that he informs the Court that he is seeking to use IBIS funds in order to comply with the Court's orders etc. Document filed by Pierre Grossman.(sc) |
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Filing 159
ORDER. The court has received Plaintiffs application for a writ of attachment with respect to an IBIS Corp. account at J.P. Morgan Chase Bank, as well as Plaintiff's application for a temporary restraining order. (Dkt. #155-158). Defendants must submit any objections to these applications by January 4, 2016. In addition, the parties are reminded that, if either of the corporate Defendants wishes to submit objections to Plaintiff's applications, the objections must be filed by an attorney. Sec. & Exch. Comm'n v. Research Automation Corp., 521 F.2d 585, 589 (2d Cir. 1975) ("It is settled law that acorporation may not appear in a lawsuit against it except through anattorney[.]" (internal citation omitted)). Plaintiff is ORDERED to respond to the concerns that the Court raised in the telephone conference on December 30, 2015, by January 4, 2016. Plaintiff must email a copy of this Order to Defendant Pierre Grossman. (Responses due by 1/4/2016) (Signed by Judge Katherine Polk Failla on 12/30/2015) (rjm)
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| Filing 158 CERTIFICATE OF SERVICE of Application for Order to Show Cause with Temporary Restraints, and supporting papers served on Defendant Pierre Grossman on December 28, 2015. Service was made by Email and Federal Express. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 157 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Jason L. Jurkevich in Support re: #155 MOTION for Temporary Restraining Order in connection with Plaintiff's application for Writ of Attachment (proposed Order to Show Cause).. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (12-5-13 Opinion and Order), #2 Exhibit B (First Amended Complaint), #3 Exhibit C (5-16-14 Pierre Grossman Declaration in support of Defendants' motion to dismiss), #4 Exhibit D (1-5-15 Opinion and Order), #5 Exhibit E (1-23-15 Order), #6 Exhibit F (1-29-15 Order), #7 Exhibit G (2-13-15 Letter from Pierre Grossman), #8 Exhibit H (Default Judgment as to Liability against Defendants PTI and IBIS), #9 Exhibit I (Excerpt from 7-29-15 Transcript), #10 Exhibit J (12-14-15 Email from Pierre Grossman), #11 Exhibit K (12-17-15 Email from Pierre Grossman), #12 Exhibit L (12-20-15 Email from Pierre Grossman), #13 Exhibit M (12-21-15 Email from Pierre Grossman), #14 Exhibit N (12-23-15 Email from Pierre Grossman), #15 Exhibit O (Excerpts from Pierre Grossman Deposition Transcript), #16 Exhibit P (Response to Information Subpoena from Wyndham in Wiley action))(Jurkevich, Jason) Modified on 1/5/2016 (db). |
| Filing 156 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #155 MOTION for Temporary Restraining Order in connection with Plaintiff's application for Writ of Attachment (proposed Order to Show Cause). . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) Modified on 1/5/2016 (db). |
| Filing 155 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Temporary Restraining Order in connection with Plaintiff's application for Writ of Attachment (proposed Order to Show Cause). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. Return Date set for 12/30/2015 at 09:00 AM.(Jurkevich, Jason) Modified on 1/5/2016 (db). |
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Filing 154
ORDER: The court has received Plaintiff's application for a writ of attachment with respect to an IBIS Corp. account at J.P. Morgan Chase Bank. Though the Court recognizes that a default judgment has been entered against two of the three named Defendants in this case, it nonetheless advises all Defendants that there will be a conference on December 30, 2015, at 9:00 a.m. to discuss Plaintiff's application. The conference will take place in Courtroom 618 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, 10007. Plaintiff is ORDERED to docket its application for a writ of attachment, together with any supporting documentation. In addition, Plaintiff must email a copy of this Order to Defendant Pierre Grossman. (Status Conference set for 12/30/2015 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/28/2015) (tn)
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| Filing 153 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 12/171/15 re: Plaintiff notifies the Court that he would like to present criminal charges against Attorney Jason Jurkevich for Elsevier BV, James Moss, Nicolle Heff representing Publisher John Wiley, and Blackwell for violating Constitutional Law by ordering the Chase Bank against Court orders to place a hold on funds for the amount of $523,969.80 in IBIS account, freezing IBS assets in order to shut down his business. Document filed by Pierre Grossman.(sc) |
| Filing 152 DECLARATION OF PIERRE GROSSMAN; re: in opposition to re: #133 MOTION in Limine for an Adverse Inference against Defendant Pierre Grossman, #136 MOTION in Limine to Allow Rayan Guman to Testify by Video Conference. Document filed by Pierre Grossman. (sc) |
| Filing 151 PRO SE DEFENDANT PIERRE GROSSMAN'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTIONS IN LIMINE; re: #133 MOTION in Limine for an Adverse Inference against Defendant Pierre Grossman, #136 MOTION in Limine to Allow Rayan Guman to Testify by Video Conference. Document filed by Pierre Grossman. (sc) |
| Filing 150 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 12/15/15 re: Plaintiff advises the Court that on 11/30/15 the Court ordered them to submit a Motion In Limine for criminal wrongdoings, and also that the parties may not comment on religious beliefs of any involved in this case including the counsel. The false RICO lawsuit against an Elsevier sales agent of more than forty years and other clients is an offense to the entire world. Document filed by Pierre Grossman. (Attachments: #1 Exhibit)(sc) |
| Filing 149 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 12/15/15 re: Plaintiff advises the Court that he is unable to receive professional assistance, no matter how meritorious his case is, because every attorney is discouraged by Jason Jurkevich's primitive arguments against all evidence; and he requests that the Court see the attached correspondence how he and Wiley are going forward with this case after he submitted the Brazilian Federal Police Report with proof of Elsevier/Wiley criminal wrongdoings in Brazil. Document filed by Pierre Grossman.(sc) |
| Filing 148 CERTIFICATE OF SERVICE of Brief and Declaration in Opposition to Motion in Limine served on Pierre Grossman on December 17, 2015. Service was made by Mail and Email. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 147 DECLARATION of Jason L. Jurkevich in Opposition re: #141 MOTION in Limine.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 146 MEMORANDUM OF LAW in Opposition re: #141 MOTION in Limine. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 12/17/2015. (Court Reporter Michael McDaniels) (Lopez, Jose) |
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Filing 145
ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Elsevier Inc., Elsevier B.V., Elsevier Ltd., and Elsevier Masson SAS v. Pierre Grossman, Publicacoes Tecnicas Internacionais, and IBIS Corp., No. 12-5121 (KPF), on 1/11-1/15/2016: Jason L. Jurkevich - cell phone, laptop. (Signed by Judge Katherine Polk Failla on 12/15/2015) (tn) (Main Document 145 replaced on 12/15/2015) (tn).
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Filing 144
ORDER re: #143 Letter, filed by Pierre Grossman: After reviewing Defendant's email, the Court is unsure whether Defendant would like the Court to appoint an attorney to help him with this case, or whether he would like the Court to find an attorney to help him respond to the Nassau County Police. If Defendant is asking for appointed counsel to help him with this case, his request is DENIED. During the conference on November 10, 2015, the Defendant stated that he did not want the Court to find an attorney to represent him at trial. At this late stage in the proceedings, a few weeks before trial, the Court will not appoint counsel. To the extent that Defendant is asking the Court to find an attorney to help him respond to the Nassau County Police, that request is also DENIED. The Court does not have the authority to appoint counsel to represent Defendant in matters that are unrelated to this litigation, and does not have the competence to recommend counsel for such matters. (Signed by Judge Katherine Polk Failla on 12/14/2015) (tn)
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| Filing 143 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 12/9/15 re: Plaintiff requests that the Court help him find a civil rights attorney, now that he has submitted to the Court his motions in limine. Document filed by Pierre Grossman.(sc) |
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Filing 142
MEMO ENDORSEMENT on re: #138 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated December 11, 2015 re: Request for Sanctions against Defendant Pierre Grossman. ENDORSEMENT: Plaintiff's request for a pre-motion conference is GRANTED. The parties are ORDERED to appear before this Court via telephone on December 17, 2015, at 9:30 a.m. The parties should call 212-805-0290 with both parties on the line. The Court finds the emails attached to this letter to be reprehensible. Because the emails seem to reference this litigation, Defendant is warned that the Court is contemplating sanctions. Plaintiff is ORDERED to email a copy of this endorsed letter to Defendant. (Telephone Pre-Motion Conference set for 12/17/2015 at 09:30 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/14/2015) (adc)
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| Filing 141 NOTICE OF MOTION IN LIMINE. Document filed by Pierre Grossman.(sc) |
| Filing 140 MEMORANDUM OF LAW IN SUPPORT OF PRO SE DEFENDANT PIERRE GROSSMAN'S MOTION IN LIMINE. Document filed by Pierre Grossman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(sc) |
| Filing 139 DECLARATION OF PIERRE GROSSMAN. Document filed by Pierre Grossman. (sc) |
| Filing 138 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated December 11, 2015 re: Request for Sanctions against Defendant Pierre Grossman. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 137 MEMORANDUM OF LAW in Support re: #136 MOTION in Limine to Allow Rayan Guman to Testify by Video Conference. Letter Memorandum. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 136 MOTION in Limine to Allow Rayan Guman to Testify by Video Conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 135 DECLARATION of Jason L. Jurkevich in Support re: #133 MOTION in Limine for an Adverse Inference against Defendant Pierre Grossman.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Jurkevich, Jason) |
| Filing 134 MEMORANDUM OF LAW in Support re: #133 MOTION in Limine for an Adverse Inference against Defendant Pierre Grossman. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 133 MOTION in Limine for an Adverse Inference against Defendant Pierre Grossman. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 132 REQUEST TO CHARGE. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 131 PROPOSED VOIR DIRE QUESTIONS. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 129 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 11/26/15 re: Defendant Pierre Grossman informs the Court that, based on the Brazilian Federal Police report and Elsevier's attached misleading Exclusivity Statements, he will file a lawsuit right after the Trial against Elsevier for malicious prosecution; that it will be based on US$150,000,000 & treble; and that he will gladly start discussing settlements. Document filed by Pierre Grossman.(sc) |
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Filing 128
ORDER: In light of the parties' recent correspondence with the Court, the Court would like to remind the parties of the following: The parties may not insult or otherwise comment on the religious beliefs of anyone involved in this case, including counsel. If either party comments on an opposing partys religion, or opposing counsel's religion, the Court may impose sanctions. This case involves serious issues, and the Court will treat those issues with the care and attention they deserve. There is no need for the parties to make hyperbolic statements or engage in name-calling in correspondence that is directed to or reviewed by the Court. The Court will not consider any submissions that are duplicative of earlier submissions or irrelevant to this litigation. The Court will not consider any foreign language documents that have not been translated into English. If the parties wish to discuss any accusations of criminal wrongdoing at trial, the parties are advised to submit motions in limine. The Court has already informed the parties that it will treat Defendant's letter dated November 9, 2015 (Dkt. # 118), as one such motion in limine. Plaintiff is ORDERED to email a copy of this order to Defendant. (Signed by Judge Katherine Polk Failla on 11/30/2015) Copies Mailed By Chambers. (mro)
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| Filing 130 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 11/20/15 re: Plaintiff requests that the Court inform the FBI to take measures to protect his life during the trial; and that Elsevier B.V. Counsel, Mr. Jason Jurkevich, continues to blackmail by intentionally delaying a settlement discussion while Elsevier engages in Brazil excluding competitors in the markets in an unfair method of competition etc. Document filed by Pierre Grossman.(sc) |
| Filing 127 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated November 25, 2015 re: Accusations made By Pierre Grossman. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/15 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 125 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/8/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly) |
| Filing 124 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 11/13/2015 re: Concerns about partaking in settlement discussions. Document filed by Pierre Grossman. (spo) |
| Filing 123 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 11/9/15 re: Defendant Pierre Grossman submits that the Elsevier Plaintiffs' and PSI's blackmail and bid-rigging scheme is relevant to the question of whether the Elsevier Plaintiffs reasonably relied on any purported misrepresentations by himself or his companies; and that he requests the opportunity to raise all of these issues at trial, including through cross-emamination of Elsevier's and Wiley's witnesses. Document filed by Pierre Grossman.(sc) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 11/10/2015. (Court Reporter Ellen Ford) (Lopez, Jose) |
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Filing 122
ORDER: Telephone Conference set for 11/10/2015 at 02:00 PM before Judge Katherine Polk Failla to discuss the requirements for a jury trial. The parties should call 212-805-0290 with both parties on the line. The parties will submit their joint pretrial order, motions in limine, requests to charge, proposed voir dire questions, and any pretrial memoranda of law by December 10, 2015. The parties must appear before this Court via telephone for a Final Pretrial Conference set for 1/5/2016 at 02:00 PM before Judge Katherine Polk Failla. The parties should call 212-805-0290 with both parties on the line. Jury Trial set for 1/11/2016 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Pretrial Order due by 12/10/2015. Motions due by 12/10/2015. Responses due by 12/17/2015. (Signed by Judge Katherine Polk Failla on 11/2/2015) Copies Mailed By Chambers. (tn)
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| Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/29/15 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...(Siwik, Christine) |
| Filing 120 TRANSCRIPT of Proceedings re: Conference held on 7/29/2015 before Judge Katherine Polk Failla. 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 11/9/2015. Redacted Transcript Deadline set for 11/19/2015. Release of Transcript Restriction set for 1/17/2016.(Siwik, Christine) |
| Filing 119 MEMO ENDORSEMENT on re: #118 Letter, filed by Pierre Grossman. ENDORSEMENT: For the reasons stated on the record on October 8, 2015, Defendant's request is DENIED. (Signed by Judge Katherine Polk Failla on 10/15/2015) Copies Mailed By Chambers. (tn) |
| Filing 118 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 10/9/15 re: Plaintiff reiterates his request to the Court that Elsevier be ordered to produce PSI and the PSI executives identified in Elsevier's Rule 26 disclosures for depositions, or else preclude Elsevier from using their information or testimony at trial. Document filed by Pierre Grossman.(sc) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 10/8/2015. (Court Reporter Michael McDaniels) (Lopez, Jose) |
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Filing 117
MEMO ENDORSEMENT on re: #115 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: The parties shall be prepared to discuss their discovery disputes at the pre-trial conference on October 8, 2015. Plaintiffs are ORDERED to email a copy of this endorsement to Defendant. (Signed by Judge Katherine Polk Failla on 10/2/2015) Copies Mailed By Chambers. (tn)
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| Filing 116 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich and Pierre Grossman dated October 1, 2015 re: Pre-Conference Joint Status Letter. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS, Pierre Grossman.(Jurkevich, Jason) |
| Filing 115 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated October 1, 2015 re: Pierre Grossman's Correspondence dated September 24, 2015 (Docket Entries 113, 114). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 114 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 9/24/15 re: Defendant Pierre Grossman requests that the Court see the attached letter(as indicated) in compliance with the Court's order; and that he is also in compliance with the order and has tried, without success, to work these issues out on the phone and by e-mail with Mr. Jason Jurkevich etc. Document filed by Pierre Grossman.(sc) |
| Filing 113 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 9/24/15 re: Plaintiff submits this letter in compliance with the Court's 9/21/15 Order; and he informs the Court that he objects to the entirety of the proposed Discovery Confidentiality Order and, that if he had to edit it, he would simply replace the text of the Order with "Any party to the litigation and any non-party shall have the right to apply to the Court for an appropriate protective order restricting the dissemination of any material produced in discovery etc. Document filed by Pierre Grossman.(sc) |
| Filing 112 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 9/18/15 re: Plaintiff requests that the Court order the Elsevier Plaintiffs to produce PSI for a deposition, or else preclude them from using any testimony or information obtained from PSI at trial. Document filed by Pierre Grossman.(sc) Modified on 9/22/2015 (sc). |
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Filing 111
MEMO ENDORSEMENT on re: #109 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: On or before September 25, 2015, Defendant is ORDERED to tell Plaintiffs with a reasonable degree of specificity what "confidential information" it wants Plaintiffs to turn over. During that same time period, Defendant is ORDERED to identify with a reasonable degree of specificity the problems that he has with the proposed Discovery Confidentiality Order (Dkt. 108, Exhibit C), and any proposed edits he has to that order to remedy the problems he has identified. The parties are also ORDERED to meet and confer regarding any other discovery disputes before presenting those disputes to the Court. Finally, Plaintiffs are ORDERED to email a copy of this endorsement to Defendant. (Signed by Judge Katherine Polk Failla on 9/21/2015) Copies Mailed By Chambers. (tn)
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| Filing 110 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 9/13/15 re: Plaintiff informs the Court that the Elsevier Plaintiffs appear to be determined to prevent him from obtaining evidence from Andrew Pitts of PSI, who five years ago personally called him on the phone to accuse him of fraud and alson called Mr. Rubens Valerio, the Director of PPT, another subscription agent competint with these publishers in the markets of Brazil etc. Document filed by Pierre Grossman.(sc) |
| Filing 109 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 17, 2015 re: Responding to Defendant Pierre Grossman's Letter dated September 13, 2015. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 108 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 16, 2015 re: Parties' Meet-and-Confer following the Court's Order dated September 10, 2015. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
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Filing 107
ORDER re: #106 Letter, filed by Pierre Grossman, #105 Letter, filed by Pierre Grossman: The parties are hereby ORDERED to meet and confer regarding the discovery disputes raised in Defendants' letters. To the extent the disputes remain unresolved, the parties shall file letters stating their positions with respect to the discovery disputes by September 16, 2015. Additionally, to the extent Defendant Grossman seeks to oppose a discovery request directed at PTI, he is reminded that he does not represent PTI in this action. Sec. & Exch. Comm'n v. Research Automation Corp., 521 F.2d 585, 589 (2d Cir. 1975) ("It is settled law that a corporation may not appear in a lawsuit against it except through an attorney[.]" (internal citation omitted)). Plaintiffs are directed to email a copy of this Order to Defendant Grossman. (Signed by Judge Katherine Polk Failla on 9/10/2015) Copies Mailed By Chambers. (tn)
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| Filing 106 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 9/2/15 re: Defendant Pierre Grossman submits this letter to know if he needs the Court's permission to serve Mr. Jurkevich, to send the defendant in advance all confidential information in his possession which he received from Mr. Andrew Pitts, the CEO of PSI-Publishers Solution International, a third-party that made unlawful intrusion on the All Publisher Aggregator Database on Robert Saad, his wife and son and the rest of his family for his attached Discovery request from Of Counsel for Elsevier B.V. Document filed by Pierre Grossman.(sc) |
| Filing 105 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 9/2/15 re: Defendant Pierre Grossman submits this letter to request a conference with the Court and the Elsevier Plaintiffs regarding a discovery issue which has emerged in this case(through discovery material and transcripts on deposition of the Elsevier Case) from the produced documents by the Elsevier Plaintiffs regarding all communications between Andrew Pitts from Publishers Solution International etc. Document filed by Pierre Grossman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(sc) |
| Filing 104 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated September 4, 2015 re: Responding to Defendant Pierre Grossman's E-mail Request dated September 2, 2015. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
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Filing 103
MEMO ENDORSEMENT on re: #101 Letter re: request for extension of fact discovery deadline from 9/18/2015 to 11/18/2015, and an adjournment of pretrial conference from 10/8/2015 to 12/8/2015, filed by Pierre Grossman. ENDORSEMENT: Upon consideration of Defendant's August 25, 2015 letter (Dkt. #101), and Plaintiffs' responsive letter, dated August 27, 2015 (Dkt. #102), Plaintiff's application for an extension of discovery and an adjournment of the pretrial conference is DENIED. Plaintiffs shall e-mail a copy of this Order to Defendant. (Signed by Judge Katherine Polk Failla on 8/27/2015) Copies Mailed By Chambers. (kko)
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| Filing 102 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated August 27, 2015 re: in Response to Defendant Pierre Grossman's Letter Request for Further Extension of Fact Discovery. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 101 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 8/25/2015 re: request for extension of fact discovery deadline from 9/18/2015 to 11/18/2015, and an adjournment of pretrial conference from 10/8/2015 to 12/8/2015. Document filed by Pierre Grossman. ***Docket and file instructions from chambers. (tn) Modified on 8/25/2015 (tn). |
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Filing 100
ORDER re: #99 Letter, filed by Pierre Grossman, #98 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc.: Plaintiffs' request to narrow the scope and adjourn the 30(b)(6) depositions is DENIED. The Court expects Plaintiffs to make a good faith effort to prepare their 30(b)(6) witnesses to address the topics listed in the deposition notices, recognizing that producing a witness with granular knowledge regarding each of the 2,000 orders placed by Defendants is not feasible. Because of the breadth of the Requests 1 through 3 and Request 14, Defendant Grossman is encouraged to provide Plaintiffs with as much additional specificity as he can regarding the types of questions he expects to ask. The Court will not look favorably upon a request to notice an additional 30(b)(6) witness that stems from Defendant's failure to be specific about the topics he wishes Plaintiffs' witnesses to cover. This is an opportunity for Defendant Grossman to obtain information relevant to his defenses, and he should not squander it. With respect to the timing of the depositions, the parties are free to schedule them for any time during Defendant Grossman's upcoming visit in August. The Court will not require Defendant Grossman to travel back to the United States for depositions in late August or early September, unless he agrees to do so voluntarily. Plaintiffs shall e-mail a copy of this Order to Defendant. (Signed by Judge Katherine Polk Failla on 8/10/2015) Copies Mailed By Chambers. (tn)
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| Filing 99 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 8/10/2015 re: letter in opposition to the August 7, 2015 letter from counsel for Plaintiffs Elsevier, Inc., Elsevier B.V., Elsevier Ltd., and Elsevier Masson SAS, requesting a pre-motion conference. Document filed by Pierre Grossman. ***Docket and file instructions from chambers. (tn) |
| Filing 98 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated August 7, 2015 re: Requesting Pre-Motion Conference regarding Proposed Motion for Protective Order. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit First Part of Exhibits to Pre-Motion Letter (Defendant's 30(b)(6) Deposition Notices), #2 Exhibit Second Part of Exhibits to Pre-Motion Letter (meet-and-confer correspondence))(Jurkevich, Jason) |
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Filing 97
ORDER: For the reasons discussed during the telephone conference on July 29, 2015, the deadline to complete fact discovery in this action is hereby ADJOURNED to September 18, 2015. There shall be no further extensions absent compelling circumstances. It is further ORDERED that the pretrial conference scheduled for August 13, 2015, is hereby ADJOURNED to October 8, 2015, at 2:00 p.m. The parties shall participate by telephone by calling Chambers at (212) 805-0290, with all parties are present on the line. ( Fact Discovery due by 9/18/2015., Pretrial Conference set for 10/8/2015 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/29/2015) Copies Mailed by Chambers. (mro)
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| ***DELETED DOCUMENT. Deleted document number 96 Letter. The document was incorrectly filed in this case. (sc) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 7/29/2015. (Court Reporter Steven Griffing) (Lopez, Jose) |
| Filing 95 NOTICE; re: to Take Deposition of Elsevier Ltd. on 8/14/15 at 2:00 PM.Document filed by Pierre Grossman.(sc) |
| Filing 94 NOTICE; re: to Take Deposition of Elsevier, Inc. on 8/17/15 at 10:00 AM.Document filed by Pierre Grossman.(sc) |
| Filing 93 NOTICE; re: to Take Deposition of Masson SAS on 8/14/15 at 10:00 AM.Document filed by Pierre Grossman.(sc) |
| Filing 92 NOTICE; re: to Take Deposition of Elsevier, B.V. on 8/17/15 at 2:00 p.m..Document filed by Pierre Grossman.(sc) Modified on 7/29/2015 (sc). |
| Filing 91 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 28, 2015 re: Responding to Defendant Pierre Grossman's Pre-Motion Conference Request dated July 23, 2015. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 90 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, Pro Se Defendant dated 7/23/2015 re: Request for a pre-motion conference with the Court in advance of a proposed motion to compel, and as further specified in this letter. (rjm) |
| Filing 89 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman dated 7/23/2015 re: Response to Plaintiff's request for informal discovery conference. Document filed by Pierre Grossman. ***Docket and file instructions from chambers. (tn) |
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Filing 88
MEMO ENDORSEMENT on re: #87 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: Plaintiff's request for an informal discovery conference is GRANTED. Plaintiff should be prepared at the conference to discuss in greater detail why pre-judgment discovery is appropriate under N.Y. C.P.L.R. 5229. It is hereby ORDERED that both parties shall appear via telephone for a conference with the Court on July 29, 2015, at 4:00 p.m. to discuss the discovery disputes. The parties shall contact Chambers at (212) 805-0290 with all parties present on the line. Pro se Defendant Grossman is permitted (but not required) to submit a responsive letter to the Court by July 27, 2015. Given the timing of the conference, pro se Defendant Grossman is permitted to send a PDF courtesy copy of his responsive letter to the Chambers inbox. Plaintiff is instructed to e-mail a copy of this Order to Defendant. ( Telephone Conference set for 7/29/2015 at 04:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/22/2015) Copies Mailed by Chambers. (mro)
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| Filing 87 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated July 22, 2015 re: Pre-Motion Conference Request and Request to Extend Discovery. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/8/2015 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 85 TRANSCRIPT of Proceedings re: conference held on 5/8/2015 before Judge Katherine Polk Failla. 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 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/8/2015.(McGuirk, Kelly) |
| Filing 84 DEFENDANT PIERRE GROSSMAN'S FIRST SET OF DOCUMENT REQUESTS TO PLAINTIFFS.Document filed by Pierre Grossman.(sc) |
| Filing 83 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossmann, dated 5/8/15 re: Plaintiff submits this letter to the Court with attached correspondence sent to the FTC - Federal Trade Commission / Bureau of Consumer Protection. Document filed by Pierre Grossman. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(sc) |
| Filing 81 DEFENDANT PIERRE GROSSMAN'S RESPONSES & OBJECTIONS TO THE PLANTIFFS' FIRST SET OF DOCUMENT REQUESTS. Document filed by Pierre Grossman. (sc) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Show Cause Hearing for Default Judgment held on 5/8/2015. (Court Reporter Carol Ganley) (Lopez, Jose) |
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Filing 80
DEFAULT JUDGMENT: It is ORDERED, ADJUDGED AND DECREED that Plaintiffs have judgment against defendants IBIS and PTI as to liability on those claims in Plaintiffs' Amended Complaint remaining after the Court's January 5, 2015 Opinion and Order. An inquest on damages shall be deferred until a disposition of the claims against defendant Pierre Grossman. (Signed by Judge Katherine Polk Failla on 5/8/2015) (kgo)
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| Filing 78 DEFENDANT PIERRE GROSSMAN'S AUTOMATIC DISCLOSURES.Document filed by Pierre Grossman.(sc) |
| Filing 77 REPLY re: #71 Declaration in Support,, seeking Default Judgment on liability against Defendants PTI and IBIS. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
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Filing 76
ORDER: Defendant Grossman is hereby ORDERED to mail any future correspondence with the Court to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007. Based on the subject line of the e-mail received today, the exchange between the parties appears to be a discussion regarding terms of a potential settlement between the parties. The Court does not wish to know the specifics of any settlement discussions, and accordingly has not reviewed the substance of the exchange. If both parties agree that a settlement conference before a Magistrate Judge or court-annexed mediation would be beneficial, the parties should notify the Court. Defendant Grossman is urged to contact the Pro Se Office at (212) 805-0175, should he have any questions. (Signed by Judge Katherine Polk Failla on 4/23/2015) Copies Mailed By Chambers. (kgo)
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Filing 75
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Present best estimate of the length of trial is 3 days. Deposition due by 7/28/2015. Fact Discovery due by 8/7/2015. Expert Discovery due by 9/21/2015. Pretrial Conference set for 8/13/2015 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 4/9/2015) Copies Mailed By Chambers. (kko)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 4/9/2015. (Court Reporter Steven Griffing) (Lopez, Jose) |
| Filing 72 CERTIFICATE OF SERVICE of Order to Show Cause Seeking Default Judgment and Supporting Papers served on IBIS Corp. a/k/a International Bibliographic Information Service Corp. and Publicacoes Tecnicas Internationais on April 7, 2015. Service was accepted by R. Morales. Service was made by Federal Express and Email in Accordance with April 7, 2015 Order to Show Cause. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 71 DECLARATION of Jason L. Jurkevich in Support re: #70 Order to Show Cause,,,. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Exhibit A (First Amended Complaint), #2 Exhibit B (Declaration of Matthew Stratton), #3 Exhibit C (Declaration of Andrew Pitts), #4 Exhibit D (Declaration of Amanda Close), #5 Exhibit E (Declaration of Service of Amended Complaint), #6 Exhibit F (1/5/15 Opinion and Order), #7 Exhibit G (1/23/15 Order), #8 Exhibit H (P. Grossman 2/13/15 Letter), #9 Exhibit I (P. Grossman Answer to Amended Complaint), #10 Exhibit J (Certificate of Default as to IBIS), #11 Exhibit K (Certificate of Default as to PTI))(Jurkevich, Jason) |
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Filing 70
ORDER TO SHOW CAUSE WHY A DEFAULT JUDGMENT SHOULD NOT BE ENTERED AS TO DEFENDANTS IBIS CORP. a/k/a INTERNATIONAL BIBLIOGRAPHIC INFORMATION SERVICE CORP. AND PUBLICACOES TECNICAS INTERNACIONAIS defendants IBIS Corp. a/k/a International Bibliographic Information Service Corp. ("IBIS"), and Publicacoes Tecnicas Internacionais ("PTI") shall show cause as to why default judgment should not be entered against them pursuant to Rule 55 of the Federal Rules of Civil Procedure, as to liability on the Plaintiffs' First Amended Complaint (with the exception of Plaintiffs' claim for fraud under New York state law, which claim was previously dismissed. Show Cause Hearing set for 5/8/2015 at 03:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Show Cause Response due by 4/24/2015. Reply due by 5/1/2015. (Signed by Judge Katherine Polk Failla on 4/7/2015) (tn)
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| Filing 68 CERTIFICATE OF SERVICE of Letter to Court served on Pierre Grossman on April 2, 2015. Service was made by Mail and Email. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 67 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated April 2, 2015 re: Rule 16 Initial Scheduling Conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Text of Proposed Order Revised proposed Civil Case Management Plan and Scheduling Order)(Jurkevich, Jason) |
| Filing 74 LETTER from Pierre Grossman dated 3/23/15 re: Defendant Pierre Grossman requests that the Honorable Katherine Polk Failla inform him as to whether he has the right to pursue a settlement for his losses through a Jewish Court - Bait Din of America. Document filed by Pierre Grossman.(sc) |
| Filing 66 CLERK'S CERTIFICATE OF DEFAULT as to IBIS Corp. a/k/a International Bibliographic Information Service Corp. ("IBIS") (km) |
| Filing 65 CLERK'S CERTIFICATE OF DEFAULT as to Publicacoes Tecnicas Internacionais ("PTI"). (km) |
| Filing 64 CERTIFICATE OF SERVICE. Service was accepted by Van Aaron Hughes, Esq.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 63 MEMO ENDORSEMENT on re: #60 Letter, filed by Elsevier Ltd., Elsevier B.V., Elsevier Masson SAS, Elsevier Inc. ENDORSEMENT: Application GRANTED. The initial pretrial conference is hereby RESCHEDULED for April 9, 2015, at 10:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Initial Conference set for 4/9/2015 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/6/2015) Copies Mailed By Chambers. (tn) |
| Filing 62 DECLARATION of Jason L. Jurkevich re: #61 Request to Enter Default, against Defendants Publicacoes Tecnicas Internacionais and IBIS Corp. a/k/a International Bibliographic Information Service Corp. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 61 REQUEST TO ENTER DEFAULT against Publicacoes Tecnicas Internacionais and IBIS Corp. a/k/a International Bibliographic Information Service Corp. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Proposed Form of Certificate of Clerk's Default as to Defendant PTI, #2 Proposed Form of Certificate of Clerk's Default as to Defendant IBIS)(Jurkevich, Jason) |
| Filing 60 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated March 5, 2015 re: Request to Reschedule Initial Scheduling Conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Mailed a copy of #59 Order for Initial Pretrial Conference, to Pierre Grossman 100 Hilton Ave, Unit M23 Garden City, NY 11530 with Return Receipt Requested. (ca) |
| Transmission to Docket Assistant Clerk. Transmitted re: #59 Order for Initial Pretrial Conference, to the Docket Assistant Clerk for case processing. (tro) |
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Filing 59
NOTICE OF INITIAL PRETRIAL CONFERENCE IN A PRO SE ACTION: Initial Conference set for 4/10/2015 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. The Clerk of Court is directed to (i) mail a copy of this Order to pro se Defendant Pierre Grossman; (ii) update the docket to reflect that Defendant Grossman is proceeding pro se; and (iii) update his address on the docket as indicated herein. (Signed by Judge Katherine Polk Failla on 3/3/2015) Copies Mailed By Chambers. (tro) Modified on 3/5/2015 (tro).
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| Filing 58 ANSWER WITH AFFIRMATIVE DEFENSES & JURY DEMAND; re: to #1 Complaint. Document filed by Pierre Grossman.(sc) |
| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/23/2015 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 56 TRANSCRIPT of Proceedings re: conference held on 1/23/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/23/2015. Redacted Transcript Deadline set for 4/2/2015. Release of Transcript Restriction set for 5/29/2015.(McGuirk, Kelly) |
| Filing 55 LETTER from Pierre Grossman dated 2/13/15 re: Defendant Pierre Grossman advises the Court that, pursuant to the Court's Order of 1/29/15, the defendants, IBIS Corporation and Publicacoes Tecnias Internacionais, do not intend to retain new counsel. Document filed by Pierre Grossman.(sc) |
| Filing 53 CERTIFICATE OF SERVICE of Order dated 1/29/2015 served on Defendant Pierre Grossman on 2/2/2015. Service was made by E-Mail (as per Court Order). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 54 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 1/29/15 re: PRO-SE ELSEVIER, INC. V. PIERRE GROSSMAN, ET AL ANSWER TO AMENDED COMPLAINT. Document filed by Pierre Grossman.(sc) |
| Filing 52 LETTER addressed to Judge Katherine Polk Failla from Pierre Grossman, dated 1/28/15 re: ANSWER TO THE AMENDED COMPLAINT. Document filed by Pierre Grossman. (Attachments: #1 main document, #2 main document, #3 main document)(sc) |
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Filing 51
ORDER: As an initial matter, Defendant Grossman is hereby instructed that all communications with the Court by a pro se party must be mailed to the Pro Se Office, United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007, and must include an Affidavit of Service or other statement affirming that the pro se party sent copies to all other parties or to their counsel if they are represented. No documents or court filings should be sent directly to Chambers. Copies of correspondence between a pro se party and counsel shall not be sent to the Court. The Court will not require parties to appear for a settlement conference unless all parties to the action wish to do so. Defendant is welcome to renew his request for a settlement conference in the future should Plaintiffs consent to this request. Defendant Grossman shall file his pro se Answer and Notice of Appearance by no later than February 27, 2015. Copies of both forms, available through the Pro Se Office, are attached hereto. Consistent with Court's January 23, 2015 Order, the corporate Defendants must notify the Court by February 13, 2015, whether they intend to retain new counsel. Finally, as Defendant Grossman has yet to file a Notice of Appearance in this action, counsel for Plaintiffs are hereby ORDERED to serve a copy of this Order on Defendant by email. (Signed by Judge Katherine Polk Failla on 1/29/2015) (tn)
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| Filing 50 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated January 28, 2015 re: Email Communications to the Court from Defendant Pierre Grossman. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Interim Pretrial Conference held on 1/23/2015. (Court Reporter Linda Fisher) (Lopez, Jose) |
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Filing 49
ORDER granting #47 Motion to Withdraw as Attorney. Attorney Van Aaron Hughes terminated. It is further ORDERED that Defendants shall inform the Court, in writing, by no later than February 13, 2015, whether they have retained counsel or will be proceeding pro se. Additionally, Defendants shall file an answer to the Amended Complaint by no later than February 27, 2015. This deadline shall apply regardless of whether Defendants elect to appear pro se or through counsel. Given the procedural history of this case, extensions of these deadlines will not be granted. Finally, Mr. Hughes is directed to transmit a copy of this Order to Defendants by mail and e-mail, using the address listed in his motion to withdraw as counsel. (See Dkt. #47 paragraph 14). SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/23/2015) (kl)
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| Filing 48 DECLARATION of Van Aaron Hughes in Support re: #47 MOTION for Van Aaron Hughes to Withdraw as Attorney for Defendants.. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Hughes, Van) |
| Filing 47 MOTION for Van Aaron Hughes to Withdraw as Attorney for Defendants. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais.(Hughes, Van) |
| Set/Reset Deadlines: Pierre Grossman answer due 2/27/2015; IBIS Corp. answer due 2/27/2015; Publicacoes Tecnicas Internacionais answer due 2/27/2015. (kl) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Van Aaron Hughes to RE-FILE Document #46 MOTION for Van Aaron Hughes to Withdraw as Attorney for Defendants. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Van Aaron Hughes to Withdraw as Attorney for Defendants. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Attachments: #1 Declaration of Van Aaron Hughes In Support of Motion to Withdraw as Counsel for Defendants)(Hughes, Van) Modified on 1/23/2015 (db). |
| Filing 45 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated January 15, 2015 re: proposed Civil Case Management Plan and Scheduling Order. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Jurkevich, Jason) |
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Filing 44
OPINION AND ORDER re: #39 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss filed by Pierre Grossman, Publicacoes Tecnicas Internacionais, IBIS Corp. For the foregoing reasons, Defendants' motion to dismiss for lack of personal jurisdiction is DENIED; Defendants' motion to dismiss Plaintiff's civil RICO claims is DENIED; Defendants' motion to dismiss Plaintiff's conversion claim is DENIED; and Defendants' motion to dismiss Plaintiff's state-law fraud claim is GRANTED. It is hereby ORDERED that the parties appear for a pretrial conference on January 23, 2015, at 11:00 a.m., to be held in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, to set a schedule for discovery. The parties should submit a proposed Case Management Plan to the Court in PDF format by January 15, 2015. The Clerk of Court is directed to terminate Docket Entry 39. (Signed by Judge Katherine Polk Failla on 1/5/2015) (mro)
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| Set/Reset Hearings: Pretrial Conference set for 1/23/2015 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (mro) |
| Filing 43 REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss. . Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Hughes, Van) |
| Filing 42 DECLARATION of Jason L. Jurkevich in Opposition re: #39 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 41 MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS. (Jurkevich, Jason) |
| Filing 40 DECLARATION of Pierre Grossman in Support re: #39 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss.. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Hughes, Van) |
| Filing 39 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. Responses due by 6/16/2014(Hughes, Van) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Van Aaron Hughes to RE-FILE Document #38 MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 38 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss and Memorandum of Law in Support of Motion to Dismiss. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. Responses due by 6/16/2014 (Attachments: #1 Affidavit Declaration of P. Grossman in Support of Defendants' Motion to Dismiss)(Hughes, Van) Modified on 5/19/2014 (db). |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pre-Motion Conference held on 4/11/2014. (Court Reporter Martha Drevis) (Lopez, Jose) |
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Filing 37
ORDER: that the parties shall adhere to the following briefing schedule on Defendants' anticipated motion to dismiss: Defendants' motion shall be filed no later than May 16, 2014; Plaintiff's opposition shall be filed no later than June 16, 2014; and Defendants' reply shall be filed no later than June 27, 2014. (Motions due by 5/16/2014, Responses due by 6/16/2014, Replies due by 6/27/2014.) (Signed by Judge Katherine Polk Failla on 4/11/2014) (tn) (Main Document 37 replaced on 4/18/2014) (tn).
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| ***DELETED DOCUMENT. Deleted document number Minute Entry. The document was incorrectly filed in this case. (mt) |
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Filing 36
ORDER granting #34 Letter Motion for Conference re: #34 LETTER MOTION for Conference on Defendants' Motion to Dismiss addressed to Judge Katherine Polk Failla from Van Aaron Hughes dated 03/06/2014. Application GRANTED. The parties shall appear for a pre-motion conference on April 11, 2014, at 1:30 p.m. Pre-Motion Conference set for 4/11/2014 at 01:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/26/2014) (ajs)
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| Filing 35 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich, Esq. dated March 11, 2014 re: Defendants' Proposed Motion to Dismiss as discussed in their Pre-Motion Letter dated March 6, 2014. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd., Elsevier Masson SAS.(Jurkevich, Jason) |
| Filing 34 LETTER MOTION for Conference on Defendants' Motion to Dismiss addressed to Judge Katherine Polk Failla from Van Aaron Hughes dated 03/06/2014. Document filed by Pierre Grossman, Publicacoes Tecnicas Internacionais.(Hughes, Van) |
| Filing 33 FIRST AMENDED COMPLAINT amending #1 Complaint against John Doe Nos. 1-50, Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. Document filed by Elsevier Inc., Elsevier B.V., Elsevier Masson SAS, Elsevier Ltd. Related document: #1 Complaint filed by Elsevier Inc. (tn) |
| Filing 32 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Reed Elsevier NV, Corporate Parent Reed Elsevier PLC for Elsevier Inc.. Document filed by Elsevier Inc..(Jurkevich, Jason) |
| Filing 31 RESPONSE of Defendants' to January 9, 2014 Order. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Hughes, Van) |
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Filing 30
ORDER. On January 9, 2014, the Court received the attached submission from Defendant Pierre Grossman. The submission was emailed to the Court, with the subject line "Setting aside the attorneys fees." As Mr. Grossman is counseled in this case, counsel for Mr. Grossman shall notify the Court within 7 days of the date of this Order as to whether he intends to adopt this submission. (Signed by Judge Katherine Polk Failla on 1/9/2014) (rjm)
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Filing 29
OPINION AND ORDER. Defendant's motion is GRANTED, with the condition that Defendants reimburse Plaintiff $5,000 for attorney's fees and costs incurred in connection with this motion. The Clerk of Court is directed to vacate the entries of default as to Defendants Grossman, IBIS, and PTI. Plaintiff's application for default judgment against Defendants IBIS, PTI, and Grossman is DENIED. It is further ORDERED that Plaintiff is granted leave to replead its Complaint, which must be filed within 60 days of the date of this Order. It is further ORDERED that Defendants shall answer or otherwise respond within 30 days of the filing of Plaintiff's Amended Complaint. (Signed by Judge Katherine Polk Failla on 12/5/2013) (rjm)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #29 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm) |
| Filing 28 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich and Van Aaron Hughes dated 10/04/2013 re: As described in the prior letter, defendants provided a settlement offer to plaintiff Elsevier, Inc. (Elsevier) on September 18. On September 25, 2013, Elsevier conveyed a counter-proposal of settlement to defendants counsel. This afternoon, Defendants responded to that proposal with a revised offer. The parties respective positions remain significantly far apart. We must therefore report that settlement is unlikely at this time, and ask the Court respectfully to consider Elseviers default judgment motion. (ama) |
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Filing 27
ENDORSED LETTER addressed to Judge Katherine Polk Failla from Jason Jurkevich and Van Aaron Hughes dated 9/18/2013 re: The Court instructed the parties to submit a joint letter at the end of the three weeks to report on their status. (Because of the upcoming Jewish holiday of Sukkot beginning tonight, Plaintiffs counsel will not be able to prepare or contribute to a submission to the Court for the rest of this week; thus the slightly early submission.). ENDORSEMENT: Application GRANTED. The deadline for the parties to submit a joint letter regarding the status of their settlement discussions is extended to October 4, 2013. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/18/2013) (ama)
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| ***DELETED DOCUMENT. Deleted document number Minute Entry for proceedings held before Judge Katherine Polk Failla:. The document was incorrectly filed in this case. (mt) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Pretrial Conference held on 8/30/2013. (Court Reporter Michael McDaniels) (Lopez, Jose) |
| Filing 26 REPLY AFFIRMATION of Ricardo Henrique Safini Gama in Support re: #12 Order to Show Cause,,,,. Document filed by Elsevier Inc.. (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit B)(Jurkevich, Jason) |
| Filing 25 REPLY AFFIRMATION of Jason L. Jurkevich in Support re: #12 Order to Show Cause,,,,. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #12 Order to Show Cause,,,, in Support of Plaintiff Elsevier, Inc.'s Motion for Default Judgment. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
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Filing 23
ORDER granting #22 Motion for Van Aaron Hughes to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 8/29/2013) (lmb)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Van Aaron Hughes to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8824181. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 22 MOTION for Van Aaron Hughes to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8824181. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Hughes, Van) |
| Filing 21 DECLARATION of Pierre Grossman in Support re: #19 Response to Order to Show Cause. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Montcalm, Jonathan) |
| Filing 20 DECLARATION of Van Aaron Hughes in Support re: #19 Response to Order to Show Cause. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Attachments: #1 Exhibit 1)(Montcalm, Jonathan) |
| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re: #12 Order to Show Cause,,,,. Document filed by Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Montcalm, Jonathan) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IBIS Corp., Publicacoes Tecnicas Internacionais.(Montcalm, Jonathan) |
| Filing 17 LETTER addressed to Judge Katherine Polk Failla from Jason L. Jurkevich dated 8/21/2013 re: We represent plaintiff Elsevier, Inc. ("Elsevier") in this matter. As required by the Court's Order dated August 20, 2013 (Order), enclosed is proof of service of the Order upon Defendants by First-Class Mail. Document filed by Elsevier Inc.(lmb) |
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Filing 16
ORDER. It is hereby ORDERED that the Show Cause Hearing originally scheduled for August 30, 2013, at 1:00 p.m. is hereby rescheduled for August 30, 2013, at 12:00 p.m. It is further ORDERED that service of a copy of this Order be made upon Defendants by First Class Mail as soon as possible, and that counsel for Plaintiff shall submit proof of service by email to the Court within 7 days of the date of this Order. (Show Cause Hearing set for 8/30/2013 at 12:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 8/20/2013) (rjm)
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| Filing 15 DECLARATION of Rayan Guman in Support re: #12 Order to Show Cause,,,,. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
| Filing 14 DECLARATION of Jason L. Jurkevich in Support re: #12 Order to Show Cause,,,,. Document filed by Elsevier 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)(Jurkevich, Jason) |
| Filing 13 AFFIDAVIT OF SERVICE of Order to Show Cause for Default Judgment and Supporting Papers served on Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais on 8/2/2013. Service was made by FedEx. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
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Filing 12
ORDER TO SHOW CAUSE WHY A DEFAULT JUDGMENT SHOULD NOT BE ENTERED AS TO DEFENDANTS PIERRE GROSSMAN, IBIS CORP., AND PUBLICACOES TECNICAS INTERNACIONAIS. It is hereby Ordered that defendants Pierre Grossman ("Grossman"), IBIS Corp. ("IBIS"), and Publicacoes Tecnicas Internacionais shall show cause as to why why default judgment should not be entered against them pursuant to Rule 55 of the Federal Rules of Civil Procedure, awarding damages in the amount of $113,178, plus interest at 0.11% (or the applicable rate of interest as of the date judgment may be entered in accordance with 28 U.S.C. 1961) from June 29, 2012, attorneys' fees in the amount of $28,830.50, plus costs and disbursements of this action in the amount of $1,045.66, and as further set forth. (Show Cause Hearing set for 8/30/2013 at 01:00 PM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. Show Cause Response due by 8/23/2013. (Signed by Judge Katherine Polk Failla on 7/30/2013) (rjm)
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| Filing 11 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Victor Marrero is no longer assigned to the case. (pgu) |
| Filing 10 Vacated as per Opinion and Order dated December 5, 2013 - CLERK'S CERTIFICATE OF DEFAULT as to Pierre Grossman. (jno) Modified on 12/5/2013 (dt). |
| Filing 9 Vacated as per Opinion and Order dated December 5, 2013 - CLERK'S CERTIFICATE OF DEFAULT as to IBIS Corp. (jno) Modified on 12/5/2013 (dt). Modified on 12/5/2013 (dt). |
| Filing 8 Vacated as per Opinion and Order dated december 5, 2013 CLERK'S CERTIFICATE OF DEFAULT as to Publicacoes Tecnicas Internacionais. (jno) Modified on 12/5/2013 (dt). |
| Filing 7 DECLARATION of Jason L. Jurkevich in Support re: #6 Request to Enter Default,. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
| Filing 6 REQUEST TO ENTER DEFAULT against Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. Document filed by Elsevier Inc.. (Attachments: #1 Proposed Certificate of Default as to Defendant Grossman, #2 Proposed Certificate of Default as to Defendant IBIS Corp., #3 Proposed Certificate of Default as to Defendant Publicacoes Tecnicas Internacionaes)(Jurkevich, Jason) |
| Filing 5 ACKNOWLEDGMENT OF SERVICE. IBIS Corp. served on 10/29/2012, answer due 11/19/2012; Publicacoes Tecnicas Internacionais served on 10/29/2012, answer due 11/19/2012. Service was accepted by V. Aaron Hughes, Esq., Attorney for Defendants. Service was made by Mail. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - ACKNOWLEDGMENT OF SERVICE. IBIS Corp. served on 10/19/2012, answer due 11/9/2012; Publicacoes Tecnicas Internacionais served on 10/19/2012, answer due 11/9/2012. Service was accepted by V. Aaron Hughes, Attorney for Defendants. Service was made by Mail. Document filed by Elsevier Inc.. (Jurkevich, Jason) Modified on 3/20/2013 (db). |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Pierre Grossman served on 8/4/2012, answer due 8/27/2012. Service was accepted by Terrell Saregent. Document filed by Elsevier Inc.. (Jurkevich, Jason) |
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Filing 2
DECISION AND ORDER: The request of plaintiff Elsevier, Inc. ("Elsevier") for an Order of Attachment and a Temporary Restraining Order is DENIED without prejudice for renewal. Elsevier is directed to submit an expedited briefing schedule, jointly with defendants Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais and John Does 1-50 ("Defendants"), should Elsevier continue to seek pre-judgment attachment of Defendants' United States assets. (Signed by Judge Victor Marrero on 7/6/2012) (jar)
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| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jason Lee Jurkevich 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. (jfe) |
| Filing 1 COMPLAINT against John Doe Nos. 1-50, Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (Filing Fee $ 350.00, Receipt Number 1042442)Document filed by Elsevier Inc..(jfe) (ml). |
| SUMMONS ISSUED as to John Doe Nos. 1-50, Pierre Grossman, IBIS Corp., Publicacoes Tecnicas Internacionais. (jfe) |
| Case Designated ECF. (jfe) |
| Magistrate Judge Henry B. Pitman is so designated. (jfe) |
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