Lefkowitz v. John Wiley & Sons, Inc.

Lefkowitz v. John Wiley & Sons, Inc.

Plaintiff:	Lester Lefkowitz
Defendant:	John Wiley & Sons, Inc.
Case Number:	1:2013cv06414
Filed:	September 12, 2013
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Katherine Polk Failla
Nature of Suit:	Copyrights
Cause of Action:	17 U.S.C. § 501
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 2, 2014	Filing 41 OPINION AND ORDER re: 26 MOTION for Judgment on the Pleadings, filed by John Wiley & Sons, Inc. For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part. To the extent Plaintiff's copyright infringement claim includes works not listed on the Lefkowitz Chart, those claims are dismissed. Defendant's motion with respect to Plaintiff's direct copyright infringement claim is otherwise denied. Defendant's motion with respect to Plaintiff 's contributory copyright infringement and breach of contract claims is granted, and those claims are dismissed without prejudice. The Clerk of Court is directed to terminate Docket Entry No. 26. Plaintiff is granted leave to file a second ame nded complaint consistent with this Opinion to cure the pleading deficiencies for Plaintiff's contributory copyright infringement claim. Plaintiff shall file his second amended complaint within four weeks from the date of this Opinion, and Plaintiff's failure to do so will result in the entry of dismissal of that claim. The Court will schedule the next pretrial conference in due course. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/2/2014) (ja)

Date Filed

Document Text

June 2, 2014

Filing 41 OPINION AND ORDER re: 26 MOTION for Judgment on the Pleadings, filed by John Wiley & Sons, Inc. For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part. To the extent Plaintiff's copyright infringement claim includes works not listed on the Lefkowitz Chart, those claims are dismissed. Defendant's motion with respect to Plaintiff's direct copyright infringement claim is otherwise denied. Defendant's motion with respect to Plaintiff 's contributory copyright infringement and breach of contract claims is granted, and those claims are dismissed without prejudice. The Clerk of Court is directed to terminate Docket Entry No. 26. Plaintiff is granted leave to file a second ame nded complaint consistent with this Opinion to cure the pleading deficiencies for Plaintiff's contributory copyright infringement claim. Plaintiff shall file his second amended complaint within four weeks from the date of this Opinion, and Plaintiff's failure to do so will result in the entry of dismissal of that claim. The Court will schedule the next pretrial conference in due course. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/2/2014) (ja)

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Defendant: John Wiley & Sons, Inc.
Represented By:	Robert Penchina
Represented By:	KATHARINE LARSEN
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Plaintiff: Lester Lefkowitz
Represented By:	Autumn Witt Boyd
Represented By:	Adam Louis DiLeo
Represented By:	Maurice James Harmon
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