Pearson Education, Inc. et al v. Doe 1 et al
| Bedford, Freeman & Worth Publishing Group, LLC, McGraw-Hill Global Education Holdings, LLC, Cengage Learning, Inc., Pearson Education, Inc. and Elsevier Inc. |
| Cameron Wesley Roberts, Benjamin Barrett Roberts, Doe 8, Flipping Pages Inc., Doe 2, Doe 7, Doe 11, Doe 1, Unitystore Inc., Doe 3, Tierney M. Rowles, Doe 6, Doe 10, Carlos A. Corrasco, Doe 5, Spencer J. Rowles, Robert D. Meadows, Wesley Rowles, Doe 4, Doe 9, Carla M. Rowles and Borgasorus Books, Inc. |
| 1:2018cv07380 |
| August 15, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Paul G Gardephe |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 80
ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Doe 6.(LaPolla, Charles)
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Filing 79
WAIVER OF SERVICE RETURNED EXECUTED. Wesley Rowles waiver sent on 9/14/2018, answer due 11/13/2018; Carlos A. Corrasco waiver sent on 9/14/2018, answer due 11/13/2018; Spencer J. Rowles waiver sent on 9/14/2018, answer due 11/13/2018. Document filed by Wesley Rowles; Carlos A. Corrasco; Spencer J. Rowles. (Kaufman, Mark)
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Filing 78
STIPULATION AND ORDER AS TO DEFENDANTS FLIPPING PAGES, INC., BENJAMIN BARRETT ROBERTS, AND CAMERON WESLEY ROBERTS: Plaintiffs Pearson Education, Inc., Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, and Bedford, Freeman & Worth Publishing Group, LLC (collectively, "Plaintiffs") and Defendants Flipping Pages, Inc., Benjamin Barrett Roberts, and Cameron Wesley Roberts (collectively, "Defendants") having stipulated and agreed to the following, it is HEREBY ORDERED that: 1. The deadline for Defendants to move, answer, or otherwise respond to the Complaint is extended from October 1, 2018 to and including October 31, 2018. 2. The parties previously have stipulated to one extension of the above-referenced deadline. SO ORDERED. Benjamin Barrett Roberts answer due 10/31/2018; Flipping Pages Inc. answer due 10/31/2018; Wesley Rowles answer due 10/31/2018. (Signed by Judge Paul G. Gardephe on 10/5/2018) (ne)
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Filing 77
ORDER withdrawing #71 Letter Motion for Conference; granting #76 Letter Motion for Extension of Time to Answer. The Application is granted. Doe 2 answer due 11/3/2018 (Signed by Judge Paul G. Gardephe on 10/5/2018) (cf)
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Filing 76
CONSENT LETTER MOTION for Extension of Time to File Answer re: #71 LETTER MOTION for Conference re: #1 Complaint,, (Pre-motion Conference for Rule 12(b)(6) Motion by Defendant Krista Hale (Doe 2 Momma's Media 'N More)) addressed to Judge Paul G. Gardephe from Ralph N. Gaboury dated 10/01/2018. (WITHDRAW Request for Pre-Motion Conference) addressed to Judge Paul G. Gardephe from Ralph N. Gaboury dated 10/04/2018. Document filed by Doe 2.(Gaboury, Ralph)
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Filing 75
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Decision proceeding held on 9/12/18 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)
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Filing 74
TRANSCRIPT of Proceedings re: Decision held on 9/12/2018 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Khristine Sellin, (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 10/23/2018. Redacted Transcript Deadline set for 11/2/2018. Release of Transcript Restriction set for 12/31/2018.(Siwik, Christine)
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Filing 73
ANSWER to #1 Complaint,,. Document filed by Doe 8.(Greener, Robert)
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Filing 72
ANSWER to #1 Complaint,, with JURY DEMAND. Document filed by Borgasorus Books, Inc..(Bialek, Adam)
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Filing 71
LETTER MOTION for Conference re: #1 Complaint,, (Pre-motion Conference for Rule 12(b)(6) Motion by Defendant Krista Hale (Doe 2 Momma's Media 'N More)) addressed to Judge Paul G. Gardephe from Ralph N. Gaboury dated 10/01/2018. Document filed by Doe 2.(Gaboury, Ralph)
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Filing 70
ANSWER to #1 Complaint,,. Document filed by Doe 2.(Gaboury, Ralph)
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Filing 69
PROPOSED STIPULATION AND ORDER. Document filed by Benjamin Barrett Roberts, Cameron Wesley Roberts, Flipping Pages Inc.. (Fischer, Benjamin)
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Filing 68
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Borgasorus Books, Inc. served on 8/19/2018, answer due 10/1/2018; Doe 1 served on 8/19/2018, answer due 10/1/2018; Doe 10 served on 8/19/2018, answer due 10/1/2018; Doe 11 served on 8/19/2018, answer due 10/1/2018; Doe 2 served on 8/19/2018, answer due 10/1/2018; Doe 3 served on 8/19/2018, answer due 10/1/2018; Doe 4 served on 8/19/2018, answer due 10/1/2018; Doe 5 served on 8/19/2018, answer due 10/1/2018; Doe 6 served on 8/19/2018, answer due 10/1/2018; Doe 7 served on 8/19/2018, answer due 10/1/2018; Doe 8 served on 8/19/2018, answer due 10/1/2018; Doe 9 served on 8/19/2018, answer due 10/1/2018; Flipping Pages Inc. served on 8/19/2018, answer due 10/1/2018; Unitystore Inc. served on 8/19/2018, answer due 10/1/2018. Service was made by EMAIL. Document filed by Elsevier Inc.; Pearson Education, Inc.; Cengage Learning, Inc.; McGraw-Hill Global Education Holdings, LLC; Bedford, Freeman & Worth Publishing Group, LLC. (Fleischman, Matthew)
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Filing 67
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 66
STIPULATION AND ORDER EXTENDING TIME FOR DOE 8 D/B/A MURRAY MEDIA TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs PearsonEducation, Inc., Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, and Bedford, Freeman & Worth Publishing Group, LLC (collectively, "Plaintiffs') and putative Defendant Alan Murray, identified in the Complaint as Doe 8 doing business as Murray Media ("Defendant') that Defendant's time to move, answer, or otherwise respond to the Complaint is hereby extended from September 10, 2018 to and including October 1, 2018. SO ORDERED this 18th day of September, 2018. (Signed by Judge Paul G. Gardephe on 9/18/2018) (jca)
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Filing 65
LETTER REPLY to Response to Motion addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 9/18/2018 re: #62 LETTER MOTION for Leave to File Proposed Preliminary Injunction addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 9/17/2018. . Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 64
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Adam R. Bialek dated September 18, 2018 re: #62 LETTER MOTION for Leave to File Proposed Preliminary Injunction addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 9/17/2018. . Document filed by Borgasorus Books, Inc.. (Attachments: #1 Text of Proposed Order Exhibit 1)(Bialek, Adam)
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Filing 63
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 62
LETTER MOTION for Leave to File Proposed Preliminary Injunction addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 9/17/2018. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Text of Proposed Order)(Fleischman, Matthew)
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Filing 61
MEMO ENDORSEMENT on re: #60 Letter filed by Borgasorus Books, Inc. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 9/14/2018) (mro)
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Filing 60
JOINT LETTER addressed to Judge Paul G. Gardephe from Adam Bialek dated September 14, 2018 re: Stipulated Preliminary Injunction. Document filed by Borgasorus Books, Inc..(Bialek, Adam)
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Filing 58
ORDER: As stated in open court and with the consent of Defendant Borgasorus Books, Inc., the terms of the temporary restraining order entered August 15, 2018 (Dkt. No. 3) are extended to September 14, 2018 as to Defendant Borgasorus Books, Inc, except that the order is dissolved as to Plaintiffs Elsevier Inc. and Bedford, Freeman & Worth Publishing Group, LLC. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/13/2018) (anc)
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Filing 59
PRELIMINARY INJUNCTION AS TO DEFENDANTS DOE 1 D/B/A ANYTHING YOU CAN IMAGINE; DOE 3 D/B/A BOOKS WORM, INC. AND SHELF BOOK; DOE 4 D/B/A CLINGONBLING, GIFT_FAIR, AND ONLINE MYSOLUTIONS; DOE 5 D/B/A CPMOM; DOE 9 D/B/A PRIME BOX UP; DOE 10 D/B/A INFO A VENUE; SPENCER J. ROWLES; CARLA M. ROWLES; TIERNEY M. ROWLES; WESLEY ROWLES; CARLOS A. CORRASCO; AND ROBERT D. MEADOWS. For the reasons stated in open court, this Court has determined that Plaintiffs have not shown a likelihood of success against all Defendants as to all Plaintiffs - rather, they have only demonstrated a likelihood of success against Defendants and their storefronts as set forth in Appendix B to this injunction. Accordingly, injunctive relief is only granted against Defendants and in favor of those Plaintiffs as set forth in Appendix B; and as further set forth herein. It is hereby ORDERED that in accordance with Federal Rule of Civil Procedure 65, the Copyright Act (17 U.S.C. 502(a)), the Lanham Act (15 U.S.C. 1116), and the Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted, that: Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them who receive actual notice of this Injunction, are enjoined from Directly or indirectly infringing any copyrighted work that is owned or exclusively controlled by Plaintiffs as set forth in Appendix B; and as further set forth herein. IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effect until further order of the Court. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/12/2108) (anc)
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Filing 57
ORDER: As stated in open court and with the consent of Defendant Borgasorus Books, Inc., the terms of the temporary restraining order entered August 15, 2018 (Dkt. No. 3) are extended to September 14, 2018 as to Defendant Borgasorus Books, Inc. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/12/2018) (anc)
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Filing 56
LETTER addressed to Judge Paul G. Gardephe from Adam R. Bialek dated September 12, 2018 re: Clarification of Order to provide Partial Dissolution of TRO re Borgasorus Books, Inc. as stipulated by parties at 9/12/18 hearing. Document filed by Borgasorus Books, Inc..(Bialek, Adam)
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Filing 55
STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT DOE 6 D/B/A ERA-BOOKSTORE: This Injunction replaces and supercedes the Temporary Restraining Order issued on August 15, 2018 at ECF No. 3 ("TRO") as to Defendant doing business on Amazon.com as ERA-Bookstore (Amazon Seller ID: AY4NYAZW5GT1W) (the "Online Storefront"). (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 9/12/2018) (cf)
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Filing 54
PRELIMINARY STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT DOE 7 D/B/A HIDDEN LAKE TREASURE AND PUBLIX BOOKS LLC: This Injunction replaces and supercedes the Temporary Restraining Order issued on August 15, 2018 at ECF No. 3 ("TRO") as to Defendants doing business on Amazon.com as Hidden Lake Treasure (Amazon Seller ID: A2SCV29XFOXPRY) and Publix Books LLC (Amazon Seller ID: AlXCHOV203BU79) (collectively, the "Online Storefronts"). (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 9/12/2018) (cf)
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Filing 53
STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT DOE 11 D/B/A ZAGGIE: This Injunction replaces and supercedes the Temporary Restraining Order issued on August 15, 2018 at ECF No. 3 ("TRO") as to Defendant doing business on Amazon.com as ZAGGIE (Amazon Seller ID: A2L0IQ7HFBZS02) (the "Online Storefront"). (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 9/12/2018) (cf)
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Filing 52
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 51
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 50
STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT UNITYSTORE INC.: This Injunction replaces and supercedes the Temporary Restraining Order issued on August 15, 2018 at ECF No. 3 ("TRO") as to Defendantdoing business on Amazon.com asUnityStore (Amazon Seller ID: A3TD4XUH85K81L)(the "Online Storefront"). (As further set forth in this Order.) The parties further agree to extend the deadline for Defendants to move, answer, or otherwise respond to the Complaint until October 1, 2018. (Signed by Judge Paul G. Gardephe on 9/12/2018) (cf)
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Filing 49
STIPULATION AND ORDER AS TO DEFENDANTS FLIPPING PAGES, INC., BENJAMIN BARRETT ROBERTS, AND CAMERON WESLEY ROBERTS: The deadline for Defendants to move, answer, or otherwise respond to the Complaint is extended from September 10, 2018 to and including October 1, 2018. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 9/12/2018) (cf)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Show Cause Hearing held on 9/12/2018. (Court Reporter Khris Sellin) (mr)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #48 Proposed Order was reviewed and approved as to form. (km)
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Filing 48
PROPOSED ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. Related Document Number: #3 . (Fleischman, Matthew) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 47
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 46
ORDER: It is hereby ORDERED that the hearing scheduled for September 12, 2018 at11:00 a.m. is adjourned to 2:00 p.m. SO ORDERED. ( Show Cause Hearing set for 9/12/2018 at 02:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 9/11/2018) (jca)
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Filing 45
DECLARATION of Kerry M. Mustico in Support re: #44 Reply Memorandum of Law in Support,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Text of Proposed Order Proposed Preliminary Injunction Against Borgasorus Books Inc.)(Mustico, Kerry)
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Filing 44
REPLY MEMORANDUM OF LAW in Support re: #5 Memorandum of Law in Support, . Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Mustico, Kerry)
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Filing 43
PROPOSED STIPULATION AND ORDER. Document filed by Benjamin Barrett Roberts, Cameron Wesley Roberts, Flipping Pages Inc.. (Fischer, Benjamin)
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Filing 42
ORDER granting #41 Letter Motion for Extension of Time to File Response/Reply ( Replies due by 9/10/2018.); granting #41 Letter Motion for Extension of Time to Answer. It is hereby ORDERED that Plaintiffs' deadline to file a Reply to Defendant Borgasorus Books, Inc.s Opposition is adjourned to September 10, 2018 at 5:00 p.m. It is further ORDERED that Defendant Borgasorus Books' time to respond to the Complaint is extended to October 1, 2018. (Signed by Judge Paul G. Gardephe on 9/8/2018) (mro)
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Filing 41
LETTER MOTION for Extension of Time to File Response/Reply as to #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,, addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 9/7/2018., LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 9/7/2018. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc..(Fleischman, Matthew)
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Filing 40
STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT DOE 8 D/B/A MURRAY MEDIA: This Injunction replaces and supercedes the Temporary Restraining Order issued on August 15, 2018 at ECF No. 3 ("TRO") as to Defendant doing business on Abebooks.com as Murray Media. In accordance with Federal Rule of Civil Procedure 65, the Copyright Act (17 U.S.C. 502(a)), the Lanham Act (15 U.S.C. 1116), N.Y. C.P.L.R. 6201, et al., and the Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, and no prior application having been granted, Defendant, his officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them who receive actual notice of this Injunction, are enjoined from: Directly or indirectly infringing any copyrighted work that is owned or exclusively controlled by any of Plaintiffs ("Plaintiffs' Works"), i.e., any copyrighted work published under any of the imprints identified on Exhibit A to the Complaint (attached hereto as Appendix A) (the "Imprints"); as further set forth in this Order. This Injunction shall remain in effect until further order of the Court. (cf)
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Filing 39
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 38
DECLARATION of Jennifer Grooms in Opposition re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Borgasorus Books, Inc.. (Bialek, Adam)
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Filing 37
DECLARATION of Adam R. Bialek in Opposition re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Borgasorus Books, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bialek, Adam)
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Filing 36
MEMORANDUM OF LAW in Opposition re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,, . Document filed by Borgasorus Books, Inc.. (Bialek, Adam)
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Filing 35
ORDER granting #26 Motion for Leave to File Document. On August 28, 2018, at Plaintiffs' request, the Court dissolved as to Defendants Flipping Pages, Inc., Benjamin Roberts, and Cameron Roberts ("Defendants") the Temporary Restraining Order issued on August 15, 2018. (Dkt. Nos. 23 and 3). For purposes of clarity, it is hereby ORDERED that Defendants' storefronts as alleged in the Complaint, namely, FlippingPages, Shared Knowledge Literacy Foundation, LAM's Treasure Chest, and SAEEDHAM4352, along with their bank accounts, are not subject to, or restricted by, the Temporary Restraining Order. (Signed by Judge Paul G. Gardephe on 8/31/2018) (mro)
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Filing 34
STIPULATED PRELIMINARY IN.JUNCTION AS TO DEFENDANT DOE 2 D/B/A BOOKSABILLIONS AND MOMMA'S MEDIA 'N MORE: This Injunction replaces and supercedes the Temporary Restraining Order issued on August 15, 2018 at ECF No. 3 ("TRO") as to Defendants doing business on Amazon.com as Booksabillion (Amazon Seller ID: A38TY4IEMCJ5IH) and Mamma's Media 'N More (Amazon Seller ID: A34K9P7R04EKXL) (collectively, the "Online Storefronts"). Plaintiffs and Defendants agree to extend the deadline for Defendants to move, answer, or otherwise respond to the Complaint from September 10, 2018 to October 1, 2018. (As further set forth in this Order.) (Motions due by 10/1/2018.) (Signed by Judge Paul G. Gardephe on 8/30/2018) (cf)
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Filing 33
NOTICE OF APPEARANCE by Steven David Skolnik on behalf of Doe 2. (Skolnik, Steven)
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Filing 32
NOTICE OF APPEARANCE by Ralph N. Gaboury on behalf of Doe 2. (Gaboury, Ralph)
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Filing 31
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 30
NOTICE OF APPEARANCE by Justin David Roller on behalf of Benjamin Barrett Roberts, Cameron Wesley Roberts, Flipping Pages Inc.. (Roller, Justin)
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Filing 29
NOTICE OF APPEARANCE by Judith Leonore Mogul on behalf of Benjamin Barrett Roberts, Cameron Wesley Roberts, Flipping Pages Inc.. (Mogul, Judith)
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Filing 28
LETTER addressed to Judge Paul G. Gardephe from Benjamin S. Fischer dated August 30, 2018 re: #26 Plaintiffs' Letter Motion for Leave to File Supplemental Proposed Order. Document filed by Benjamin Barrett Roberts, Cameron Wesley Roberts, Flipping Pages Inc..(Fischer, Benjamin)
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Filing 27
NOTICE OF APPEARANCE by Benjamin Sean Fischer on behalf of Benjamin Barrett Roberts, Cameron Wesley Roberts, Flipping Pages Inc.. (Fischer, Benjamin)
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Filing 26
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Supplemental Proposed Order addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 8/29/2018. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Text of Proposed Order)(Fleischman, Matthew) Modified on 9/11/2018 (ldi).
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Filing 25
PROPOSED STIPULATION AND ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 24
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/29/2018 (km).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Matthew Fleischman to RE-FILE Document #24 Proposed Order. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (km)
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Filing 23
ORDER granting #21 Letter Motion to Adjourn Conference; granting #21 Letter Motion for Extension of Time to File. On August 15, 2018, this Court entered a temporary restraining order in this action. (Dkt. No. 3) Plaintiffs have requested that this order be extended by 14 days to September 12, 2018. (Pltf. Ltr. (Dkt. No. 21)) It is hereby ORDERED that the temporary restraining order entered on August 15, 2018 (Dkt. No. 3) is extended to September 12, 2018. It is further ORDERED that the hearing on Plaintiffs' request for a preliminary injunction originally scheduled for August 29, 2018 is adjourned to September 12, 2018 at 11:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Defendants' answering papers are due September 5, 2018 and Plaintiffs' reply-if any-is due September 7, 2018. It is further ORDERED, on conset, that the temporary restraining order is dissolved as to Defendants Flipping Pages, Inc., Benjamin Roberts, and Cameron Roberts. ( Show Cause Hearing set for 9/12/2018 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/28/2018) (mro)
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Filing 22
NOTICE OF APPEARANCE by Kerianne Losier on behalf of Borgasorus Books, Inc.. (Losier, Kerianne)
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Set/Reset Deadlines: Responses due by 9/5/2018 Replies due by 9/7/2018. (mro)
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Filing 21
LETTER MOTION to Adjourn Conference on the Order to Show Cause addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 8/27/2018., LETTER MOTION for Extension of Time to File Defendants' Answering Papers on the Order to Show Cause addressed to Judge Paul G. Gardephe from Matthew Fleischman dated 8/27/2018. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc..(Fleischman, Matthew)
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Filing 20
LETTER MOTION for Extension of Time to File Response/Reply as to #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,, #19 Order on Motion for Extension of Time to File Response/Reply, and to adjourn return date of the Order to Show Cause addressed to Judge Paul G. Gardephe from Robert L. Greener dated 08/27/2018. Document filed by Doe 8. (Attachments: #1 Exhibit Emails between Plaintiff's attorney and Defendants attorney)(Greener, Robert)
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Filing 19
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that Defendant Borgasorus Books, Inc.'s time to file opposition papers is extended to August 29, 2018 at 5:00 p.m. SO ORDERED. Responses due by 8/29/2018. (Signed by Judge Paul G. Gardephe on 8/27/2018) (ne)
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Filing 18
NOTICE OF APPEARANCE by Adam Ross Bialek on behalf of Borgasorus Books, Inc.. (Bialek, Adam)
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Filing 17
NOTICE OF APPEARANCE by Adam Ross Bialek on behalf of Borgasorus Books, Inc.. (Bialek, Adam)
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Filing 16
FIRST LETTER MOTION for Extension of Time to File Response/Reply to Order to Show Cause addressed to Judge Paul G. Gardephe from Adam R. Bialek dated August 27, 2018. Document filed by Borgasorus Books, Inc.. Return Date set for 8/27/2018 at 05:00 PM.(Bialek, Adam)
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Filing 15
NOTICE OF APPEARANCE by Robert Leslie Greener on behalf of Doe 8. (Greener, Robert)
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Filing 14
CERTIFICATE OF SERVICE of Ex Parte Order to Show Cause served on Defendants Doe 1 doing business as Anything You Can Imagine; Doe 2 doing business as Booksabillions and Mommas Media N More; Doe 3 doing business as Books Worm, Inc. and Shelf Book; Doe 4 doing business as Clingonbling, Gift_Fair, and Online mySolutions; Doe 5 doing business as Cpmom; Doe 6 doing business as ERA-Bookstore; Doe 7 doing business as Hidden Lake Treasure and Publix BOOKS LLC; Doe 8 doing business as Murray Media; Doe 9 doing business as Prime Box up; Doe 10 doing business as Info Avenue; Doe 11 doing business as ZAGGIE; Borgasorus Books, Inc.; Flipping Pages Inc.; Benjamin Barrett Roberts; Cameron Wesley Roberts; Spencer J. Rowles; Carla M. Rowles; Tierney M. Rowles; Wesley Rowles; Carlos A. Corrasco; Robert D. Meadows; and UnityStore Inc. on 8/19/18. Service was made by EMAIL. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 13
DECLARATION of Kelly McCann in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #14 Certificate) - CERTIFICATE OF SERVICE of Ex Parte Order to Show Cause served on Defendants Doe 1 doing business as Anything You Can Imagine; Doe 2 doing business as Booksabillions and Mommas Media N More; Doe 3 doing business as Books Worm, Inc. and Shelf Book; Doe 4 doing business as Clingonbling, Gift_Fair, and Online mySolutions; Doe 5 doing business as Cpmom; Doe 6 doing business as ERA-Bookstore; Doe 7 doing business as Hidden Lake Treasure and Publix BOOKS LLC; Doe 8 doing business as Murray Media; Doe 9 doing business as Prime Box up; Doe 10 doing business as Info Avenue; Doe 11 doing business as ZAGGIE; Borgasorus Books, Inc.; Flipping Pages Inc.; Benjamin Barrett Roberts; Cameron Wesley Roberts; Spencer J. Rowles; Carla M. Rowles; Tierney M. Rowles; Wesley Rowles; Carlos A. Corrasco; Robert D. Meadows; and UnityStore Inc. on 8/19/18. Service was made by EMAIL. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew) Modified on 8/23/2018 (db).
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Filing 11
DECLARATION of Richard Essig in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 10
DECLARATION of William Gadoury in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 9
DECLARATION of Steven Rosenthal in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 8
DECLARATION of Jessica Stitt in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 7
DECLARATION of Dan Seymour in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fleischman, Matthew)
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Filing 6
DECLARATION of Kerry M. Mustico in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,,. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Fleischman, Matthew)
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Filing 5
MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,,,,,,, Set Deadlines,,,,,, . Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Fleischman, Matthew)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pearson Plc, a U.K. Company for Pearson Education, Inc.; Corporate Parent McGraw-Hill Global Education Intermediate Holdings, LLC for McGraw-Hill Global Education Holdings, LLC; Corporate Parent Mosby Holdings Corp., Corporate Parent RELX PLC, Corporate Parent RELX NV for Elsevier Inc.; Corporate Parent Macmillan Holdings, LLC for Bedford, Freeman & Worth Publishing Group, LLC; Other Affiliate KKR Asset Management for Cengage Learning, Inc.. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc..(Fleischman, Matthew)
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Filing 3
1) TEMPORARY RESTRAINING ORDER; 2) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE; 3) EXPEDITED DISCOVERY ORDER; AND 4) ALTERNATE SERVICE ORDER - EX PARTE ORDER: Based on the foregoing, it is HEREBY ORDERED that Defendants shall appear on the 29 day of August 2018, at 10:30 am in Courtroom 705 of the United States District Court for the Southern District of New York at 500 Pearl Street/ 40 Centre Street, New York, New York, to show cause why an order, pursuant to, inter alia, Federal Rules of Civil Procedure 64 and 65, the Copyright Act (17 U.S.C. 502(a)), the Lanham Act (15 U.S.C. 1116), N.Y. C.P.L.R. 6201, el al., and the Court's inherent equitable authority, should not be entered, pending resolution of this case or further order of this Court, granting Plaintiffs a preliminary injunction enjoining Defendants, their respective officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them who receive actual notice of the order, in a manner substantially similar to the relief provided herein. (As further set forth in this Order.) It is FURTHER ORDERED that Plaintiffs shall provide notice of this Ex Parle Order and Plaintiffs' papers in support of the Application to all the parties necessary to identify Defendants' Accounts with Financial Institutions by Friday, August 17 at 5 p.m. (Show Cause Hearing set for 8/29/2018 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/15/2018) (cf)
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Filing 2
CIVIL COVER SHEET filed. (pne) (jgo).
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Filing 1
COMPLAINT against Doe 1, Doe 10, Doe 11, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Borgasorus Books, Inc., Flipping Pages Inc. , Benjamin Barrett Roberts , Cameron Wesley Roberts , Spencer J. Rowles , Carla M. Rowles , Tierney M. Rowles , Wesley Rowles , Carlos A. Corrasco , Robert D. Meadows , Unitystore Inc. . (Filing Fee $ 400.00, Receipt Number 465401216100)Document filed by Elsevier Inc., Pearson Education, Inc., Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC.(pne) (Additional attachment(s) added on 8/22/2018: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jgo).
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Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
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SUMMONS ISSUED as to Benjamin Barrett Roberts, Borgasorus Books, Inc., Cameron Wesley Roberts, Carla M. Rowles, Carlos A. Corrasco, Doe 1, Doe 10, Doe 11, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Flipping Pages Inc., Robert D. Meadows, Spencer J. Rowles, Tierney M. Rowles, Unitystore Inc., Wesley Rowles. (pne)
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Case Designated ECF. (pne)
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