John Wiley & Sons, Inc. et al v. Book Dog Books, LLC et al
| John Wiley & Sons, Inc., Cengage Learning, Inc., Pearson Education, Inc. and Elsevier Ltd. |
| Book Dog Books, LLC and Philip Smyres |
| 1:2013cv00816 |
| February 4, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H. Pauley |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| Plaintiff |
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Filing
448
OPINION & ORDER re: (464 in 1:16-cv-07123-WHP-GWG) MOTION to Stay any Judgment Pending Appeal; (418 in 1:16-cv-07123-WHP-GWG) MOTION for Permanent Injunction , Final Judgment, and Disposition; (427 in 1:16-cv-07123-WHP-GWG) MOTION for Judgment as a Matter of Law; (436 in 1:16-cv-07123-WHP-GWG) MOTION for Attorney Fees and Costs: For the foregoing reasons, Defendants' motions for renewed judgment as a matter of law, remittitur, a new trial, and a st ay of enforcement of judgment are denied. Plaintiffs' motion for partial final judgment is denied as moot. Plaintiffs' motion for prejudgment interest is denied. Plaintiffs' motions for a permanent injunction, a disposition of infringi ng materials, and attorneys' fees and costs are granted in part and denied in part. Plaintiffs' counsel are awarded $4,137,081.70 in attorneys' fees and $694,096.29 in costs. This Court will issue a final judgment in the aggregate amount of $39,031,177.99 concurrent with this Opinion & Order. The Clerk of Court is directed to terminate all pending motions and to mark these cases as closed. (Signed by Judge William H. Pauley, III on 8/17/2018) (jwh)
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Filing
367
OPINION & ORDER adopting 361 Report and Recommendation, re: 301 MOTION for Summary Judgment on Defendants' Affirmative Defenses filed by John Wiley & Sons, Inc., Cengage Learning, Inc., Pearson Education, Inc. For the foregoing reasons, this Court adopts Magistrate Judge Gorenstein's thorough and well-reasoned Report except for the recommendation that Book Dog's affirmative defense of "innocent infringement" be stricken. The Clerk of Court is directed to close the motion pending at ECF No. 301. (As further set forth in this Opinion & Order.) (Signed by Judge William H. Pauley, III on 9/19/2016) (mro)
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Filing
363
OPINION AND ORDER. For the reasons in this Opinion and Order, Liberty's motion to intervene (Docket #324) and Westfield's motion to intervene (Docket #327) are denied. re: 327 MOTION to Intervene filed by Westfield Insurance Company, 324 MOTION to Intervene (The Netherlands Insurance Company's Motion to Intervene) filed by The Netherlands Insurance Company. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2016) (rjm)
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Filing
361
REPORT AND RECOMMENDATION. For the reasons in this Report and Recommendation, the plaintiffs' motion for summary judgment striking affirmative defenses should be granted in its entirety. re: 301 MOTION for Summary Judgment on Defendants' Affirmative Defenses filed by John Wiley & Sons, Inc., Cengage Learning, Inc., Pearson Education, Inc. (Objections to R&R due by 6/24/2016). (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/6/2016) (rjm)
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Filing
351
MEMORANDUM AND ORDER: Adopting REPORT AND RECOMMENDATIONS for 200 Motion for Partial Summary Judgment filed by John Wiley & Sons, Inc., Cengage Learning, Inc., Pearson Education, Inc., 281 Report and Recommendations. For the foregoing r easons, this Court adopts the conclusion of the MagistrateJudge's Report and Recommendation. This Court grants summary judgment on the Publishers' claim for breach of the forum-selection clause as to liability and denies summary judgment as to damages. The Clerk of Court is directed to close the motion pending at ECF No. 200. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/25/2016) (ama)
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Filing
309
OPINION AND ORDER. For the foregoing reasons, plaintiffs' motion for sanctions for spoliation of evidence (Docket # 168) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2015) (rjm)
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Filing
308
REPORT AND RECOMMENDATION. For the foregoing reasons, defendants motion to for partial summary judgment (Docket #266) should be granted in part and denied in part. Specifically, defendants motion should be granted as to all trademark and copyright-re lated claims for sales regarding the following works: Roadmap Nos. 1, 2, 4, 5, 6, 7, 9, 10a, 10b, 10c, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 36, 37, 39a, 39b, 41, 42, 43a, 43b, 45, 46, 47, 48, 49, 50, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 91, 92, 93a, 93b, 95, 96, 97, 98, 99, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117, 119, 121, 122, 123, 125a, 125b, 126, 127, 129, 131, 132, 133a, and 133b, and as to Pearsons claim for civil conspiracy, and denied in all other respects. re: 266 MOTION for Partial Summary Judgment filed by Philip Smyres, Book Dog Books, LLC. Objections to R&R due by 10/19/2015. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2015) (rjm).
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Filing
298
OPINION AND ORDER. For the foregoing reasons, plaintiffs' motion to disqualify Neil B. Mooney as defendants' counsel (Docket #246) is denied. Additionally, defendants are precluded from calling Mooney as a witness at trial. re: 246 MOTION to Disqualify Counsel Neil Mooney filed by John Wiley & Sons, Inc., Cengage Learning, Inc., Pearson Education, Inc. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/4/2015) (rjm)
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Filing
130
OPINION AND ORDER: re: 108 MOTION to Compel Mr. Mooney and Defendant Smyres to Produce Documents and Testimony filed by John Wiley & Sons, Inc., Cengage Learning, Inc., Pearson Education, Inc. Plaintiffs John Wiley & Sons, Inc. ("John Wiley"), Cengage Learning, Inc., and Pearson Education, Inc. seek an order compelling defendants Book Dog Books, LLC ("BDB") and Philip Smyres to produce documents concerning certain communications that took place between Smy res and his attorney Neil Mooney. Plaintiffs also request that they be allowed to take a limited deposition of Mooney regarding these communications. For the reasons stated above, plaintiffs' motion to compel (Docket # 108) is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/07/2014) (ama)
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Filing
107
MEMORANDUM ORDER denying 95 Motion for Protective Order. Cahill's motion for a protective order (Docket # 95) is denied except to the extent that the Court will require that any disclosure of the information plaintiffs seek is to be made pursuant to the "attorneys' eyes only" designation previously ordered. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/26/2014) (kgo) Modified on 3/26/2014 (kgo).
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Filing
105
OPINION AND ORDER: For the reasons set forth above, plaintiffs' application (Docket # 89) for fees and expenses totaling $4,542.30 is granted. Defendants shall pay plaintiffs this sum within 14 days. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/18/2014) (ama)
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