Pearson Education, Inc. et al v. Does 1-100
| Pearson Education, Inc., Cengage Learning, Inc. and McGraw-Hill Global Education Holdings, LLC |
| Heliosbooks Inc., Kolyo Hristov, Raman Kandola, Nicholas Little, Hamid Khan, Rajesh Sharma, YK Sharma, Bhagwat Prakash, Boosti, LLC, My Book Drive, Inc., Oliver W Chen, Siow Hong Chang, Blue Rocket Books Ltd., Donald Boone, Luke Brown, Fine Line Media LLC, Prince Johnson, Prince Sanchez, Meng Zhang, Manuj Oberoi, Patrick Medley, James Nelson, Rogger Farber, FBAAZ, Corp., Derick Radford, Jonathan Hinds, Dilshad Saifi, Andrew Bailey, Samantha Anderson and Does 1-10 |
| 1:2017cv00203 |
| January 11, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Deborah A. Batts |
| Copyrights |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
295
FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO CERTAIN DEFENDANTS: NOW, THEREFORE, it is hereby: ORDERED that final judgment is ENTERED for Plaintiffs against Defendants. Each party shall bear its own costs and expenses, including its attorneys' fees. FURTHER ORDERED that a permanent injunction is ENTERED in this action as follows: Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, who receive actual noti ce of this Permanent Injunction, are enjoined from: as set forth herein. FURTHER ORDERED that the Court retains jurisdiction for the purpose of enforcing this Order. FURTHER ORDERED that this Order replaces the Court's Preliminary Injunction iss ued in this matter as to Defendants.Savita Aggarwal, Shikha Aggarwal., Natasha Aggarwal, Saurabh Aggarwal, Savita Aggarwal, Shikha Aggarwal, Aggarwal Book Centre, Bookport Corp., EBF Corp. Ltd., Heliosbooks Inc., Natworld Corp., Regent International, Vedi Books Pvt. Ltd., White Leaf Corp., ABC Publishers & Distributors Pvt. Ltd. and Ayush Aggarwal terminated. (Signed by Judge Kimba M. Wood on 10/11/2022) (ama)
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Filing
278
OPINION & ORDER: re: 268 MOTION to Serve by Email filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. For the reasons stated above, the Court GRANTS Plaintiffs' motion to serve by email with respect to the U.S. Defendants and the India Defendants. Such service shall be completed within three days of the date of this Order. The Court DENIES Plaintiffs' motion to serve by email with respect to the U.K. Defendants. The Clerk is respectfully directed to close ECF 268. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/26/2022) (ama)
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Filing
272
MEMORANDUM OPINION: The Court hereby acknowledges that Plaintiffs' notice of voluntary dismissal is effective, without order of court, to dismiss without prejudice Plaintiffs' claims against Defendants. Bookmart, Cognevo Media Corp., Connisseur Trading Inc., Esterline Corp., Graybar Corp., Harpo Corp., In-Light Limited, Kalitta Corp., Plus Brokerage Inc., Prolific Trading Inc., Zettaworld Corp., Apex Trading Co. and Bennigan Media Corp. terminated. (Signed by Judge Kimba M. Wood on 8/15/2022) (ate)
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Filing
261
ORDER: Members of the press and public who wish to join the conference scheduled for August 25, 2022, at 11 a.m. may dial 646-453-4442 and enter Conference ID 412 561 262, with their telephones on mute. Consistent with the standing orders of this court and the local rules, no recording or rebroadcasting of the proceeding is permitted. SO ORDERED., (Telephonic Initial Conference set for 8/25/2022 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 7/26/2022) (ama)
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Filing
258
ORDER: In accordance with Rule 16 of the Federal Rules of Civil Procedure, an initial pretrial conference (the "Initial Conference") will be held in this case on August 25, 2022 at 11 a.m. via Microsoft Teams. By August 18, 2022, the partie s shall jointly prepare, sign, and submit to the Court via ECF: as set forth herein. Within fifteen (15) days of this Order, the plaintiffs are directed to serve the defendants with a copy of this Order and the Court's Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. SO ORDERED., ( Initial Conference set for 8/25/2022 at 11:00 AM before Judge Kimba M. Wood.) (Signed by Judge Kimba M. Wood on 7/13/2022) (ama)
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Filing
233
ORDER: On May 10, 2022, fourteen Defendants in this action returned a waiver of the service of summons. (ECF No. 230.) The status of service of process on the remaining Defendants named in the Third Amended Complaint is unclear. All United Statesbase d Defendants must be served by July 5, 2022, unless good cause is shown. See Fed. R. Civ. P. 4(m). Plaintiffs must submit a letter to the Court by June 17, 2022 providing an update on their efforts to serve the remaining Defendants in this action. The Court will then schedule an Initial Pretrial Conference. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/13/2022) (ama)
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Filing
220
ORDER re: 213 Letter, filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc. On March 17, 2022, Plaintiffs submitted a letter moving this Court to certify retroactively the judgments against nine defaulting Defendants as final pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (ECF No. 213.) Any Defendant wishing to respond to Plaintiffs' motion may do so by March 29, 2022 in a letter of no more than two pages. SO ORDERED. ( Responses due by 3/29/2022) (Signed by Judge Kimba M. Wood on 3/22/2022) (tg)
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Filing
211
ORDER, THE COURT HEREBY ORDERS Plaintiffs to submit a letter to the Court by March 17, 2022 stating whether they (a) wish the Court to consider its motion as written, notwithstanding the foregoing discussion, or (b) withdraw their motion, with th e intent to file an updated motion to amend accompanied by a revised proposed complaint. Plaintiffs' letter must clarify the status and amounts of any funds they have received from the remaining Defendants that were subject to the inquest con ducted by Magistrate Judge Fox and for whom the Court adopted damages determinations. (ECF Nos. 184, 190.) In the event that Plaintiffs choose to amend the Proposed Complaint, they may file a renewed motion and revised proposed complaint with the Co urt no later than April 18, 2022. If the revised proposed complaint consists of allegations and parties found in the current Proposed Complaint and the First Amended Complaint, the time between the filing of the instant motion on June 11, 2021 an d the submission of a new motion will not be held against Plaintiffs as evidence of undue delay or a lack of diligence. IT IS FURTHER ORDERED that, to reflect Judge Batts's severance of the Divine action, the Clerk of Court is respectfully di rected to: Designate a new docket number for the Divine action (in which plaintiffs Pearson Education, Inc.; Cengage Learning, Inc.; and McGraw-Hill Global Education Holdings, LLC, sue Dann Divine; Daphnee Divine; Rejoice Senaye; Mawuli Krah; Ros chelle Salmon; Joshua Khalifa; Bridgeports Intl Inc.; and Happy Families Intl Inc.), waiving the filing fee for that new case; Designate this newly opened case as related to the litigation at docket number 17-CV-203 and therefore assign the new ca se to this Court; File in the newly opened case copies of the documents found under docket number 17-CV-203 at ECF Nos. 137 through 150, 152 through 155, 162 through 172, 175 through 183, and 185 through 189; Terminate the newly opened case, beca use final judgments have been entered with respect to all eight defendants in that case; and Change the caption of the case at docket number 17-CV-203 to match the caption of this Order. IT IS FURTHER ORDERED that the Clerk of Court is respectfull y directed to enter final judgment against Blue Rocket Books, Ltd. in the case with docket number 17-CV-203.2 Because of the substantial amount of time that has passed since entry of the purportedly final judgment against Blue Rocket Books, Ltd. a nd the company's possible reliance on the stipulated terms of that judgment (ECF No. 101), the Court holds that there is no just reason for delay and certifies the judgment as final and appealable pursuant to Rule 54(b). This final judgment shall be identical in terms to the stipulated Order at ECF No. 101. SO ORDERED. ( Motions due by 4/18/2022.) (Signed by Judge Kimba M. Wood on 3/4/22) (yv) Transmission to Civil Case Openings Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
200
ORDER: On May 20, 2021, the Court granted Plaintiffs' request for leave to file a Motion to Amend the Complaint. (ECF No. 196.) On June 11, 2021, Plaintiffs filed a Motion to Amend the Complaint and Name Additional Parties (the "Motion to Amend") and a proposed Second Amended Complaint. (ECF Nos. 197-98.) The proposed Second Amended Complaint identifies, among other things, the names of corporations and individuals working in concert with Defendant Heliosbooks Inc., the sole r emaining Defendant in the case, and additional copyrights and trademarks that Heliosbooks has infringed. The Court ORDERS counsel for Heliosbooks to inform the Court whether Heliosbooks intends to oppose the Motion to Amend by July 5, 2021. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/20/2021) (ama)
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Filing
190
ORDER: After the Court referred this case to Magistrate Judge Kevin N. Fox for an inquest (ECF No. 151), Judge Fox issued a Report and Recommendation ("R & R") on December 8, 2020, that recommended the awards of damages set forth in the R & R (ECF No. 184 at 15). No party filed an objection to the R & R. Accordingly, the Court reviews the R & R for clear error. Finding no clear error, this Court hereby adopts the carefully reasoned R & R in its entirety. SO ORDERED. (Signed by Judge Kimba M. Wood on 3/22/2021) (va)
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Filing
188
FINAL JUDGMENT AND INJUNCTION AS TO DEFENDANTS DANN DIVINE, DAPHNEE DIVINE, REJOICE SENAYE, MAWULI KRAH, ROSCHELLE SALMON, BRIDGEPORTS INT'L INC., AND HAPPY FAMILIES INT'L INC.: NOW THEREFORE, it is hereby: I. ORDERED that final judgment is ENTERED for Plaintiffs against Defendants.Each party shall bear its own costs and expenses, including its attorney's fees. II. ORDERED that a permanent injunction is ENTERED in this action as follows: Defendants, their officers, directors, members, agents, and attorneys, their personal representatives, heirs, executors, administrators, agents, and assigns, and all those in active concert or participation with them who receive actual notice of this injunction are enjoined from: a. Direc tly or indirectly infringing any of Plaintiffs' Copyrighted Works, including any copyrighted work published under any of the imprints identified on Appendix A hereto1 (the "Imprints");b. Directly or indirectly infringing any of Plainti ffs' Marks, including suchtrademarks associated with the Imprints; c. Directly or indirectly manufacturing, reproducing, importing, distributing (including returning goods purchased from another), offering for sale, and/or selling infringing cop ies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks; and d. Knowingly (i.e., with actual knowledge or reason to know) enabling, facilitating, permitting, assisting, soliciting, encouraging, or inducing others to directly or indire ctly infringe, manufacture, reproduce, import, distribute, offer for sale, and/or sell infringing copies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks, as further set forth in this Order. Daphnee Divine, Happy Families Intl Inc., Mawuli Krah, Roschelle Salmon, Rejoice Senaye, Bridgeports Intl Inc. and Dann Divine terminated. (Signed by Judge Kimba M. Wood on 3/1/2021) (mml)
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Filing
172
ORDER denying without prejudice to renewal by formal motion 170 Letter Motion to Compel. Plaintiffs request an informal discovery conference to address Defendants' alleged failures to produce documents responsive to Plaintiffs First Set of Requests for Production of Documents. (ECF No. 170.) Defendants state that they initially misunderstood the scope of Plaintiffs' production demands and are working diligently to provide copies of the responsive documents. (ECF No. 17 1.) No later than August 17, 2020, Defendants shall provide Plaintiffs with all responsive documents. The Court finds that a discovery conference is unlikely to be productive at this time. If, after Defendants have submitted all responsive documents, Plaintiffs still believe that a discovery conference is necessary, Plaintiffs may renew their request. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/3/2020) (va) Modified on 8/3/2020 (va).
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Filing
156
ORDER: Accordingly, IT IS HEREBY ORDERED that, on or before June 26, 2020, the plaintiffs shall prepare and file, with the Court: (1) proposed findings of fact and conclusions of law; and (2) an inquest memorandum of law, accompanied by supporti ng affidavits and exhibits, setting forth proof of its damages. The plaintiffs must serve these documents on Heliosbooks, Inc., Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat Prakash Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley and Dilshad Saifi, and file proof of such service with the Clerk of Court. IT IS FURTHER ORDERED that, on or before July 17, 2020, the defendants shall prepare and file any opposing memoranda, affidavits and exhibits, as well as any alternative findings of fact and conclusions of law, and serve the same upon the plaintiffs. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/1/2020) (va)
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Filing
153
ORDER denying 152 Letter Motion for Conference; granting 152 Letter Motion for Discovery. Plaintiffs' request to take additional discovery as specified in their letter dated March 11, 2020 (ECF No. 152) and to exclude Defendant Heliosbo oks, Inc. from the inquest to be conducted by Judge Fox is granted. The Court declines to hold an initial pretrial conference at this time. However, no later than April 15, 2020, the parties shall jointly prepare, sign, nd submit to the Court via ECF: and further set forth in this Order. (Signed by Judge Kimba M. Wood on 3/11/2020) (rro)
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Filing
151
DEFAULT JUDGMENT AND PERMANENT INJUNCTION: Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with them, are perman ently enjoined and restrained from directly or indirectly infringing any copyrighted work or any trademarks that are owned or exclusively controlled by Plaintiffs ( or any parent, subsidiary, or affiliate of Plaintiffs as set forth in Appendix A), whether now in existence or later created ("Plaintiffs' Works"); As further set forth in this Default Judgment. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and the subject matter of this liti gation for the purpose of interpretation and enforcement of this Permanent Injunction. IT IS FURTHER ORDERED that this action is referred to Magistrate Judge Fox for an inquest after default to ascertain damages. FINAL DEFAULT JUDGMENT is hereby en tered in favor of Plaintiffs against Defendants Heliosbooks, Inc., Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat Prakash, Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley, and Dilshad Saifi. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 133. Motions terminated: 133 MOTION for Default Judgment as to Defendants Heliosbooks, Inc., Hamid Khan, Sharma Rajesh, YK Sharma, Bhagwat Prakash, Boosti, LLC, Oliver W. Chen, Siow Hong Chang, Meng Zhang, Manuj Oberoi, Patrick Medley, and Dilshad Saifi. filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc. (Signed by Judge Kimba M. Wood on 3/5/2020) (va)
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