Jose Luis Pelaez Inc. v. McGraw-Hill Global Education Holdings LLC et al
| Jose Luis Pelaez Inc. |
| McGraw-Hill Global Education Holdings LLC and McGraw-Hill School Education Holdings, LLC |
| 1:2016cv05393 |
| July 6, 2016 |
| U.S. District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Kimba M. Wood |
| Copyrights |
| 17 U.S.C. ยง 501 |
| Plaintiff |
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Filing
192
OPINION AND ORDER re: 120 SECOND MOTION for Partial Summary Judgment filed by Jose Luis Pelaez Inc., Jose Pelaez, 148 MOTION for Summary Judgment filed by McGraw-Hill School Education Holdings, LLC, McGraw-Hill Gl obal Education Holdings LLC. McGraw-Hill's motion for summary judgment is DENIED insofar as it contends that (1) it is entitled to summary judgment on all of Pelaez's claims because Pelaez cannot show that it violated a condition of its lic enses; and (2) that the Corbis Registrations are invalid. McGraw-Hill's motion for summary judgment is GRANTED insofar as it contends that (1) Pelaez may not seek statutory damages for the claims listed in paragraph 20 of Pelaez's 56.1 Res ponse, with the exception of the claims listed in Rows 341 and 473 of Exhibit 1 to the TAC; and (2) Pelaez may not recover damages- actual or statutory-for the ninety-four claims in the TAC that are based on conduct which occurred entirely prior to July 6, 2013. Pelaez's motion for summary judgment on the 129 claims listed in Exhibit 1 to the Kerr Declaration is GRANTED as to McGraw-Hill's liability on these claims; however, because of the Court's rulings regarding damages, Pelaez will not be able to recover statutory and/or actual damages on all of these claims. Pelaez's motion for summary judgment on the issue of willfulness is DENIED. The Court has attached, as an appendix to this Opinion and Order, a chart su mmarizing its rulings as applied to each of Pelaez's claims. By August 9, 2019, the parties are directed to submit to the Court a joint letter indicating (1) the steps, if any, that must be taken before this case is Ready for Trial; (2) whether they wish to be referred to mediation; and (3) whether they consent to trial of this case before a Magistrate Judge. By August 23, 2019, the parties must submit to the Court a joint pretrial order. The joint pretrial order must comply with this Court 's Individual Rules, which are available at http: //nysd.uscourts.gov/judge/Wood. On that same date, this case will be deemed Ready for Trial. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 120 and 148. SO ORDERED. (Pretrial Order due by 8/23/2019.) (Signed by Judge Kimba M. Wood on 8/2/2019) (ne)
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Filing
186
OPINION AND ORDER re: 162 MOTION to Disqualify Counsel filed by McGraw-Hill School Education Holdings, LLC, McGraw-Hill Global Education Holdings LLC. McGraw-Hill's motion to disqualify Pelaez's counsel, HSBK, is DENIED. The Clerk of Court is directed to close Docket No. 162. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/13/2019) (ne)
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Filing
111
OPINION & ORDER re: 97 LETTER MOTION for Leave to File CORRECTED Request for Leave to File Sur-Reply addressed to Judge Kimba M. Wood from Christopher P. Beall dated 8-7-2017 filed by McGraw-Hill School Education Holdings, LLC, McGraw-Hill Global Education Holdings LLC, 64 MOTION for Partial Summary Judgment filed by Jose Luis Pelaez Inc., Jose Pelaez, 57 MOTION for Partial Summary Judgment filed by McGraw-Hill School Education Holding s, LLC, McGraw-Hill Global Education Holdings LLC, 106 MOTION to Amend/Correct 38 Amended Complaint, 102 Memo Endorsement, filed by Jose Luis Pelaez Inc., Jose Pelaez. For the reasons above, the Court GRANTS Pla intiffs' Motion for Leave to File a TAC because (i) dismissal of certain claims in the SAC is warranted because (a) dismissal of the Missing-Invoice Claims without prejudice does not subject Defendants to plain legal prejudice, and sat isfies the Zagano factors, and (b) dismissal with prejudice of the claims other than the Missing-Invoice Claims that were withdrawn from the SAC is unopposed; and (ii) Plaintiffs are permitted to add updated copyright registration information to the TAC because the Court finds no evidence of undue delay, undue prejudice, bad faith, or futility. Plaintiffs shall file the TAC by February 28, 2018. By March 7, 2018, the Parties are directed to submit a joint Scheduling Order that set s this case as Ready for Trial by May 14, 2018. (See the undersigned's Individual Rules for the meaning of "Ready for Trial.") The Clerk of Court is directed to terminate the motions at ECF Nos. 57, 64, 97, and 106. (Signed by Judge Kimba M. Wood on 2/26/2018) (mro)
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Filing
99
OPINION AND ORDER re: 43 MOTION to Dismiss (Partially the Second Amended Complaint), filed by McGraw-Hill School Education Holdings, LLC, McGraw-Hill Global Education Holdings LLC. Plaintiffs' Second Amended Complaint and th e attached exhibits provide Defendants with sufficient notice and information to identify the admittedly numerous images at issue in this case. For the foregoing reasons, Defendants' Motion to Dismiss is DENIED. This Opinion and Order resolves Docket Entry 43, and as further set forth in this order. (Signed by Judge Kimba M. Wood on 8/8/2017) (ras)
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