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. |
| Hallie Ruth Moore, Doe 8, Doe 2, Doe 7, Jennifer Dawn Worman, Doe 1, Timothy Lenn Morgan, Michael Charles McKee, Doe 3, Jantana Paphala, Charles E. Krachy, Doe 6, Doe 10, Marc Halan Baldinger, Doe 5, Nazir Yakub Belim, Christopher Claude Ault, Doe 4 and Doe 9 |
| 1:2019cv07642 |
| August 15, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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| Filing 56 WAIVER OF SERVICE RETURNED EXECUTED. Charles E. Krachy waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 55 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Michael Charles McKee served on 9/27/2019, answer due 10/18/2019. Service was accepted by Michael Charles McKee. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 54 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Hallie Ruth Moore served on 9/13/2019, answer due 10/4/2019. Service was accepted by Hallie Ruth Moore. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 53 WAIVER OF SERVICE RETURNED EXECUTED. Nazir Yakub Belim waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 52 WAIVER OF SERVICE RETURNED EXECUTED. Jennifer Dawn Worman waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 51 WAIVER OF SERVICE RETURNED EXECUTED. Timothy Lenn Morgan waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 50 WAIVER OF SERVICE RETURNED EXECUTED. Christopher Claude Ault waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 49 WAIVER OF SERVICE RETURNED EXECUTED. Marc Halan Baldinger waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 48 WAIVER OF SERVICE RETURNED EXECUTED. Jantana Paphala waiver sent on 9/10/2019, answer due 11/12/2019. Document filed by McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC; Elsevier Inc.. (Fleischman, Matthew) |
| Filing 47 MEMO ENDORSEMENT on re: #46 Letter, filed by Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC, McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc., Elsevier Inc. ENDORSEMENT: Plaintiffs shall file proof of service documents with respect to all Defendants they have been able to serve by Friday, October 4, 2019. Plaintiffs shall file their Amended Complaint identifying the Does as named Defendants no later than Friday, October 25, 2019. Plaintiffs shall file their motion for alternative service no later than Friday, November 8, 2019. (Amended Pleadings due by 10/25/2019., Motions due by 11/8/2019., Service due by 10/4/2019.) (Signed by Judge Ronnie Abrams on 10/2/2019) (cf) |
| Filing 46 LETTER addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 10/1/19 re: Case Status Update. 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) |
Filing 45
PRELIMINARY INJUNCTION AS TO DEFENDANT NAZIR YAKUB BELIM: This Injunction replaces and supersedes the Preliminary Injunction issued on September 11, 2019 (ECF No. 33) as to Defendants, including Nazir Yakub Belim, doing business on eBay as nazfozdar (eBay URL: httgs://www.ebay.com/usr/nazfozdar) (the "Online Storefront"). 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 (also attached hereto as Appendix A) (the "Imprints"); and as further set forth in this order. This Injunction shall remain in effect until further order of the Court. (Signed by Judge Ronnie Abrams on 9/20/2019) (ne)
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| Filing 44 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) |
| Filing 43 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) |
| Filing 42 MEMO ENDORSEMENT on re: #40 Letter re: Preliminary Injunction re Nazir Belim, filed by Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC, McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc., Elsevier Inc. ENDORSEMENT: In light of the parties' intent to release "all but $10,000 of the $36,000 currently frozen," they shall revise paragraph 3 of the stipulated preliminary injunction to reflect that only $10,000 in Defendant's Washington Mutual Account shall remain frozen and that all of Defendant's other accounts with online marketplaces, banks, or other financial institutions are not subject to the injunction. (Signed by Judge Ronnie Abrams on 9/18/2019) (rj) |
| Filing 41 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) |
| Filing 40 LETTER addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 9/18/2019 re: Preliminary Injunction re Nazir Belim. 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) |
| Filing 39 LETTER addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 9/16/2019 re: Defendant Belim's Letter Request to Modify the Preliminary Injunction. 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) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 9/16/2019. (Court Reporter Jennifer Thun) (arc) |
| Filing 38 LETTER addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 9/13/2019 re: Defendant Belim's Letter Request to Modify the Preliminary Injunction. 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) |
| Filing 37 LETTER addressed to Judge Louis L. Stanton from Nazir Belim, re: (DEFENSE STATEMENT OF EBAY SELLER NAZFOZDAR) - Defendant Belim writes that the books which they had on ebay are very few, and all of the books are listed under "Used" 2nd or 3rd or more owners previously etc. Document filed by Nazir Yakub Belim.(sc) |
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Filing 36
STIPULATED PRELIMINARY INJUNCTION AS TODEFENDANT CHRISTOPHER CLAUDE AULT: It is HEREBY ORDERED that: 1. This Injunction replaces and supersedes the Temporary Restraining Order issued on August 15, 2019 ("TRO") as to Defendant, including Defendant d/b/a kipault7 (Seller URL: https://www.ebay.com/usr/kipault7) on the eBay marketplace, Huckleberry's Books (AbeBooksID: 54242160) on the Abebooks marketplace, and HuckleberrysBooks (Amazon ID: AIFR74N6VH0012) on the Amazon marketplace (collectively, the "Online Storefronts"). (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Ronnie Abrams on 9/12/2019) (jca)
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Filing 35
STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT CHARLES E. KRACHY: It is HEREBY ORDERED that: 1. This Injunction replaces and supersedes the Temporary Restraining Order issued on August 15, 2019 ("TRO") as to Defendants, including Charles E. Krachy, doing business on eBay as ckrachy (eBay URL: https://www.ebay.com/usr/ckrachy) and on Amazon as Old Dog New Products (Amazon ID: A26MDQKSOM21JD) (collectively, the "Online Storefronts"). (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Ronnie Abrams on 9/12/2019) (jca)
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| Filing 34 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 33
PRELIMINARY INJUNCTION: NOW, THEREFORE, IT IS HEREBY ORDERED, 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: 1. 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 preliminary injunction, are enjoined from: a) Directly or indirectly infringing any copyrighted work that is owned or exclusively controlled by any of Plaintiffs ("Plaintiffs' Works"), including any copyrighted work published under any of the imprints identified on Exhibit A to the Complaint (also attached hereto as Appendix A) (the "Imprints"); b) Directly or indirectly infringing any trademark that is owned or exclusively controlled by any of the Plaintiffs, including the trademarks identified on Exhibit C to the Complaint and/or associated with the Imprints on Appendix A ("Plaintiffs' Marks"); c) Directly or indirectly manufacturing, reproducing, importing, distributing (including returning goods purchased from another), offering for sale, and/or selling counterfeit copies of Plaintiffs' 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 indirectly infringe, manufacture, reproduce, import, distribute, offer for sale, and/or sell counterfeit copies of Plaintiffs' Works and/or Plaintiffs' Marks. 2. Defendants, their officers, agents, servants, employees, and attorneys, all those in active concert or participation with any of them who receive actual notice of this injunction, and service providers to Defendants or other relevant third parties who receive actual notice of this injunction and operate or control accounts holding or receiving money or other assets related to or associated with Defendants' sales of Plaintiffs' Works ("Defendants' Accounts") must immediately locate all Defendants' Accounts and immediately cease transferring, withdrawing, or otherwise disposing of any money or other assets in Defendants' Accounts (or allowing such money or other assets in Defendants' Accounts to be transferred, withdrawn, or otherwise disposed of), pending further order of this Court. Defendants' Accounts include but are not limited to: (a) Defendants' accounts with Online Marketplaces; and (b) Defendants' accounts with banks, financial institutions, PayPal, Inc., or other payment processing companies ("Financial Institutions") that have received money or other assets from Defendants' Accounts or otherwise received sales proceeds from Defendants' Online Storefronts. 3. Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them with actual notice of this preliminary injunction, are enjoined from selling, distributing, transferring, and listing for sale all copies of Plaintiffs' Works pending an inspection by Plaintiffs, as provided below as further set forth in this order. IT IS FURTHER ORDERED that, unless otherwise specified herein, the Court's Expedited Discovery Order contained in the Ex Parte Order shall remain in effect until further order of the Court. IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effect until further order of the Court. (Signed by Judge Ronnie Abrams on 9/11/2019) (rj)
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Filing 32
STIPULATED PRELIMINARY INJUNCTION AS TO DEFENDANT DOE 8 D/B/A MMTRADELLC1 AND MMTRADELLC: It is HEREBY ORDERED that: 1. This Injunction replaces and supersedes the Temporary Restraining Order issued on August 15, 2019 ("TRO") as to Defendant doing business as mmtradellc 1 (Seller URL: https://www.ebay.com/usr/mmtradellc1) on the eBay marketplace and mmtradellc (Amazon ID: A1Z96GLX8DWRlA) on the Amazon marketplace (collectively, the "Online Storefronts"). 2. 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: a) 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 (also attached hereto as Appendix A) (the "Imprints"); b) Directly or indirectly infringing any trademark that is owned or exclusively controlled by any of the Plaintiffs, including the trademarks identified on Exhibit C to the Complaint and/or associated with the Imprints on Appendix A ("Plaintiffs' Marks"); c) Directly or indirectly manufacturing, reproducing, importing, distributing (including returning goods purchased from another), offering for sale, and/or selling counterfeit copies of Plaintiffs' Works and/or Plaintiffs' Marks; and d) Enabling, facilitating, permitting, assisting, soliciting, encouraging, or inducing others to directly or indirectly infringe, manufacture, reproduce, import, distribute, offer for sale, and/or sell counterfeit copies of Plaintiffs' Works and/or Plaintiffs' Marks as further set forth in this order. (Signed by Judge Ronnie Abrams on 9/11/2019) (rj)
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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) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Show Cause Hearing held on 9/11/2019. (Court Reporter Alena Lynch) (arc) |
| Filing 30 LETTER addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 9/10/2019 re: Defendant Ault's Request to Dissolve the TRO and Plaintiffs' Order to Show Cause for a Preliminary Injunction. 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) |
| Filing 28 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: #4 . (Fleischman, Matthew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #28 Proposed Order, was reviewed and approved as to form. (dt) |
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Filing 26
ORDER: As stated at today's conference, the temporary restraining order is lifted as to the freezing of Defendant Christopher Claude Ault's accounts with banks or other financial institutions. These accounts shall be unfrozen forthwith. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/6/2019) (kv)
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| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #19 LETTER MOTION for Oral Argument To Dissolve TRO as to Defendant Christopher Claude Ault addressed to Judge Ronnie Abrams from Judd R. Spray dated September 5, 2019. . Document filed by Christopher Claude Ault. (Spray, Judd) |
| Filing 24 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: #22 . (Fleischman, Matthew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 DECLARATION of Matthew I. Fleischman in Opposition re: #19 LETTER MOTION for Oral Argument To Dissolve TRO as to Defendant Christopher Claude Ault addressed to Judge Ronnie Abrams from Judd R. Spray dated September 5, 2019.. 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) |
| Filing 22 LETTER RESPONSE in Opposition to Motion addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 9/6/19 re: #19 LETTER MOTION for Oral Argument To Dissolve TRO as to Defendant Christopher Claude Ault addressed to Judge Ronnie Abrams from Judd R. Spray dated September 5, 2019. . 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #24 Proposed Order was reviewed and approved as to form. (km) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 9/6/2019. (Court Reporter Karen Gorlaski) (arc) |
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Filing 21
ORDER terminating #19 Letter Motion for Oral Argument. In light of the issues raised by Mr. Ault, Plaintiff shall respond to his request to dissolve the TRO as to him by noon tomorrow. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/5/2019) (mml)
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| Filing 20 DECLARATION of Christopher "Kip" Ault in Support re: #19 LETTER MOTION for Oral Argument To Dissolve TRO as to Defendant Christopher Claude Ault addressed to Judge Ronnie Abrams from Judd R. Spray dated September 5, 2019.. Document filed by Christopher Claude Ault. (Spray, Judd) |
| Filing 19 LETTER MOTION for Oral Argument To Dissolve TRO as to Defendant Christopher Claude Ault addressed to Judge Ronnie Abrams from Judd R. Spray dated September 5, 2019. Document filed by Christopher Claude Ault.(Spray, Judd) |
| Filing 18 NOTICE OF APPEARANCE by Judd Robert Spray on behalf of Christopher Claude Ault. (Spray, Judd) |
| CASHIERS OFFICE REGISTRY DEPOSIT as per #29 Order to Show Cause, dated 8/15/19, from Judge Ronnie Abrams, received $5,000.00 from Pearson Education, Inc. et al Receipt Number 465401243087 on 8/30/19. (vf) |
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Filing 17
ORDER granting #16 Letter Motion to Adjourn Conference; granting #16 Letter Motion for Extension of Time. Application granted. The TRO imposed in connection with the Court's August 15, 2019 Order shall remain in effect until midnight on September 12, 2019. The hearing on the order to show cause why a preliminary injunction should not be issued in this case is rescheduled to take place on Wednesday, September 11, 2019 at 11 a.m. in Courtroom 1506 of the United States District Court for the Southern District of New York at 40 Centre Street, New York, New York. Defendants' answering papers on the order to show cause are due on September 5, 2019 and Plaintiffs' reply papers are due on September 9, 2019. Plaintiffs shall serve this Order on Defendants no later than August 30, 2019. SO ORDERED. (ks)( Show Cause Hearing set for 9/11/2019 at 11:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.)
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| Set/Reset Deadlines: Responses due by 9/5/2019 Replies due by 9/9/2019. (ks) |
| Filing 16 LETTER MOTION to Adjourn Conference regarding Plaintiffs' Order to Show Cause addressed to Judge Ronnie Abrams from Matthew Fleischman dated 8/27/2019., LETTER MOTION for Extension of Time for Defendants' answering papers to Plaintiffs' request for a Preliminary Injunction addressed to Judge Ronnie Abrams from Matthew Fleischman dated 8/27/2019. 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) |
| Filing 15 CERTIFICATE OF SERVICE of Temporary Restraining Order and Supporting Papers served on Doe 1 d/b/a titanium-jo and EVO BOOKS; Doe 2 d/b/a premiumdeals_4 and Books Unlimited Mobile; Doe 3 d/b/a emichel47; Doe 4 d/b/a leekadations; Doe 5 d/b/a 24hourshipment; Doe 6 d/b/a textbooks-holder, CHALLENGE BOOK STORE PVT. LTD., and vs books; Doe 7 d/b/a supergly; Doe 8 d/b/a maylasc_0, mmtradellc1, mmtradellc, ibmcorp2012, Lpulsations, and Lpulsations; Doe 9 d/b/a loflon0, Wisdom Infinity, and Cobert's Little Shop; Doe 10 d/b/a Books Maze and PackofBooks; Charles E. Krachy; Timothy Lenn Morgan; Jennifer Dawn Worman; Jantana Paphala; Nazir Yakub Belim; Michael Charles McKee; Christopher Claude Ault; Hallie Ruth Moore; and Marc Halan Baldinger on 8/25/19. 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 14
SUPPLEMENTAL EXPEDITED DISCOVERY ORDER granting #12 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that, in addition to the expedited discovery that Plaintiffs may take pursuant to the TRO, Plaintiffs may take the following expedited discovery: Plaintiffs may immediately issue subpoenas to Pay Pal, Inc., who shall provide within two (2) days of service, and to banks, financial institutions, and other payment processing companies ("Financial Institutions"), who shall provide within five (5) days of service, the following, regardless of whether such information physically resides in the U.S. or abroad: a) Names, physical addresses, email addresses, Internet Protocol addresses, and complete account numbers for each of Defendants' accounts from January 1, 2017 to the present; b) Accounts statements and transaction logs (or equivalent reports) for each of Defendants' accounts from January 1, 2017 to the present. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/17/2019) (rj)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #13 Proposed Order, was reviewed and approved as to form. (ad) |
| Filing 13 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: #12 . (Fleischman, Matthew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 LETTER MOTION for Leave to File Supplemental Expedited Discovery Order addressed to Judge Ronnie Abrams from Matthew I. Fleischman dated 8/16/19. 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) |
| Filing 11 DECLARATION of William Gadoury in Support re: #4 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.. (Fleischman, Matthew) |
| Filing 10 DECLARATION of Kelly McCann in Support re: #4 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.. (Fleischman, Matthew) |
| Filing 9 DECLARATION of Steven Rosenthal in Support re: #4 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.. (Fleischman, Matthew) |
| Filing 8 DECLARATION of Jessica Stitt in Support re: #4 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.. (Fleischman, Matthew) |
| Filing 7 DECLARATION of John Garry in Support re: #4 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.. (Fleischman, Matthew) |
| Filing 6 DECLARATION of Dan Seymour in Support re: #4 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 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fleischman, Matthew) |
| Filing 5 DECLARATION of Matthew I. Fleischman in Support re: #4 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 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Fleischman, Matthew) |
| Filing 4 MEMORANDUM OF LAW in Support of Plaintiffs' Ex Parte Application for a Temporary Restraining 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) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Macmillan Holdings, LLC for Bedford, Freeman & Worth Publishing Group, LLC; Corporate Parent McGraw-Hill Global Education Intermediate Holdings, LLC for McGraw-Hill Global Education Holdings, LLC; Corporate Parent Mosby Holdings Corp., Corporate Parent Elsevier STM Inc., Corporate Parent RELX PLC, Corporate Parent RELX NV, Corporate Parent RELX Inc. for Elsevier Inc.; Corporate Parent Pearson Plc, a U.K. Company for Pearson Education, Inc.; Other Affiliate KKR Asset Management, Other Affiliate KKR & Co. L.P. 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 29
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: Based on the foregoing, it is HEREBY ORDERED that Defendants shall appear on the 5th day of September 2019, at 11:00 a.m. in Courtroom 1506 of the United States District Court for the Southern District of New York at 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, et 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. 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 Temporary Restraining Order, are enjoined from: Directly or indirectly infringing any copyrighted work that is owned or exclusively controlled by any of the Plaintiffs ("Plaintiffs' Works"), including any copyrighted work published under any of the imprints identified on Exhibit B to the Complaint (attached hereto as Appendix A) (the "Imprints"); IT IS FURTHER ORDERED that Plaintiffs shall post security in the amount of $5,000 by corporate surety bond, cash, credit card, or a certified or attorney's check. (As further set forth in this order) (Signed by Judge Ronnie Abrams on 8/15/2019) (ne) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 2 CIVIL COVER SHEET filed. (pne) (jgo). |
| Filing 1 COMPLAINT against Christopher Claude Ault, Marc Halan Baldinger, Nazir Yakub Belim, Doe 1, Doe 10, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Charles E. Krachy, Michael Charles McKee, Hallie Ruth Moore, Timothy Lenn Morgan, Jantana Paphala, Jennifer Dawn Worman. (Filing Fee $ 400.00, Receipt Number 465401242049)Document filed by McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc., Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc..(pne) (Additional attachment(s) added on 8/19/2019: #1 Exhibit, #2 Exhibit, #3 Exhibit) (jgo). |
| Magistrate Judge Robert W. Lehrburger 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) |
| SUMMONS ISSUED as to Christopher Claude Ault, Marc Halan Baldinger, Nazir Yakub Belim, Doe 1, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Doe 10, Charles E. Krachy, Michael Charles McKee, Hallie Ruth Moore, Timothy Lenn Morgan, Jantana Paphala, Jennifer Dawn Worman. (pne) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Matthew Istvan Fleischman to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pne) |
| Case Designated ECF. (pne) |
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