Chronicle Books, LLC et al v. Audible, Inc.
| Chronicle Books, LLC, Harpercollins Publishers LLC, Hachette Book Group, Inc., Scholastic Inc., Macmillan Publishing Group, LLC, Simon & Schuster, Inc. and Penguin Random House LLC |
| Audible, Inc. |
| The Authors Guild, Inc. and Association of Authors' Representatives, Inc. |
| 1:2019cv07913 |
| August 23, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 78 ***SELECTED PARTIES***SETTLEMENT AGREEMENT Per docket entry no. 77. Document filed by Audible, Inc., Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc..Motion or Order to File Under Seal: #77 .(Reisbaum, Emily) |
Filing 77
ORDER: IT IS HEREBY ORDERED THAT the proposed redactions are granted in part and denied in part. No later than March 4, 2020, the parties may either (1) redact only the settlement amount(s) and file the redacted agreement on the public docket, in which case the Court will approve the parties' proposed injunction order and retain enforcement jurisdiction over the entirety of the settlement agreement, or (2) redact the entirety of paragraph 3 and a portion of paragraph 11 as proposed and file the redacted agreement on the public docket, in which case the Court will enter an injunction and retain enforcement jurisdiction over all terms except paragraph 3 and the redacted portion of paragraph 11 of the agreement. IT IS FURTHER ORDERED THAT the parties must re-file a corrected version of the unredacted settlement agreement. The first page of the settlement agreement, Dkt. 76-1 at 2, when downloaded from ECF, contains a stray text box to the right of the page, which does not appear to be part of the agreement. For the avoidance of doubt, the parties are directed to re-file,under seal (visible to all parties), a corrected version of the settlement agreement, no later than February 28, 2020. IT IS FURTHER ORDERED THAT the parties must redact the letters currently filed under seal with the Court, specifically docket entries 73 and 76, and file the redacted versions in public view, no later than March 4, 2020. The redactions to the letters are to be consistent with the redactions to the settlement agreement. Once all documents have been correctly filed, the Court will enter a final order as to the permanent injunction and retention of jurisdiction. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/26/2020) (ama)
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| Filing 76 ***SELECTED PARTIES***JOINT LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated February 21, 2020 re: Request to Redact Settlement Agreement. Document filed by Scholastic Inc., Harpercollins Publishers LLC, Simon & Schuster, Inc., Hachette Book Group, Inc., Audible, Inc., Chronicle Books, LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC. (Attachments: #1 Exhibit Exhibit A to Ltr)Motion or Order to File Under Seal: #75 .(Reisbaum, Emily) |
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Filing 75
ORDER denying #72 Motion to Seal Document. IT IS HEREBY ORDERED THAT the parties' motion to seal the entirety of the settlement agreement is DENIED with leave to submit proposed redactions. The public has a presumptive right to judicial documents, defined as any document filed with the Court that is relevant to the performance of the judicial function and useful in the judicial process. Here, there is no doubt that a settlement agreement over which the Court retains enforcement jurisdiction is a judicial document, particularly when the proposed permanent injunction references and incorporates that agreement. 3 See Proposed Permanent Injunction and Order of Dismissal (Dkt. 71-1) (This matter is dismissed with prejudice, and the Court shall retain jurisdiction over any application to implement and/or enforce the terms of this Stipulation and Order and related settlement agreement."). Requiring the public filing of a settlement agreement before granting any request for retention of enforcement jurisdiction is a common practice adopted by this Court and other district judges in this circuit. In this case, the parties have not demonstrated competing interests sufficient to rebut the presumption of access and to justify departing from the Court's general practice. IT IS FURTHER ORDERED THAT, to the extent that the parties continue to request that the Court retain enforcement jurisdiction over the settlement agreement, the parties must file, under seal, a copy of the settlement agreement with all proposed redactions highlighted, no later than February 21, 2020. The filing must be accompanied by a letter brief explaining the justifications for each proposed redaction. At this juncture, the Court sees no reason to redact anything in the settlement agreement apart from settlement amount(s). If the parties decide not to request retention of jurisdiction, then they may submit, no later than February 21, 2020, a revised stipulated permanent injunction that removes all references to the related settlement agreement, and the Court will enter a permanent injunction without retaining jurisdiction over enforcement of the agreement. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/12/2020) (js) Transmission to Sealed Records Clerk for processing.
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| Filing 74 ***SELECTED PARTIES***SETTLEMENT AGREEMENT . Document filed by Scholastic Inc., Harpercollins Publishers LLC, Simon & Schuster, Inc., Hachette Book Group, Inc., Audible, Inc., Chronicle Books, LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC.Motion or Order to File Under Seal: #72 .(Reisbaum, Emily) |
| Filing 73 ***SELECTED PARTIES***JOINT LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated February 6, 2020 re: Request to Seal Settlement Agreement. Document filed by Scholastic Inc., Harpercollins Publishers LLC, Simon & Schuster, Inc., Hachette Book Group, Inc., Audible, Inc., Chronicle Books, LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC.Motion or Order to File Under Seal: #72 .(Reisbaum, Emily) |
| Filing 72 JOINT LETTER MOTION to Seal Document addressed to Judge Valerie E. Caproni from Emily Reisbaum dated February 6, 2020. Document filed by Audible, Inc...(Reisbaum, Emily) |
| Filing 71 LETTER addressed to Judge Valerie E. Caproni from Dale M. Cendali dated February 4, 2020 re: enclosing Proposed Stipulated Consent Permanent Injunction. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Attachments: #1 Text of Proposed Order).(Cendali, Dale) |
| Filing 70 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 1/14/2020 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (Attachments: #1 Supplement Copyrights Information) (ama) |
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Filing 69
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/14/2020) (ama)
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| Terminate Transcript Deadlines (ama) |
| Filing 68 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated January 13, 2020 Document filed by Audible, Inc..(Reisbaum, Emily) |
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Filing 67
MEMO ENDORSEMENT on re: #66 Letter filed by Audible, Inc. ENDORSEMENT: Application GRANTED. A further update is due on or before January 13, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/29/2019) (rj)
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| Filing 66 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated December 27, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
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Filing 65
MEMO ENDORSEMENT: on re: #64 Letter filed by Audible, Inc. ENDORSEMENT: Any further request for suspension of consideration of the pending motions must be accompanied by a more specific showing of good cause. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/18/2019) (ama)
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| Filing 64 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated December 17, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 63 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated December 3, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 62 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated November 14, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 61 LETTER addressed to Judge Valerie E. Caproni from Nicole Gueron dated October 30, 2019 Document filed by Audible, Inc..(Gueron, Nicole) |
| Filing 60 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated October 23, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 59 MEMO ENDORSEMENT on re: #58 Letter, filed by Scholastic Inc., Penguin Random House LLC, Harpercollins Publishers LLC, Hachette Book Group, Inc., Simon & Schuster, Inc., Macmillan Publishing Group, LLC, Chronicle Books, LLC. ENDORSEMENT: The Court does not refer parties to the Magistrate Judge for a settlement conference unless all participants believe such a referral would be productive. Accordingly, Audible's request for a referral is denied at this time. Should the parties change their mind and come to an agreement on next steps, including the need to resolve the pending motions, they must promptly inform the Court. (Signed by Judge Valerie E. Caproni on 10/3/2019) (mro) |
| Filing 58 LETTER addressed to Judge Valerie E. Caproni from Dale Cendali dated October 3, 2019 re: Response to Docket No. 55. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc..(Cendali, Dale) |
| Filing 57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 9/25/19 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...(McGuirk, Kelly) |
| Filing 56 TRANSCRIPT of Proceedings re: HEARING held on 9/25/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Kristen Carannante, (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 10/24/2019. Redacted Transcript Deadline set for 11/4/2019. Release of Transcript Restriction set for 1/1/2020.(McGuirk, Kelly) |
| Filing 55 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated October 3, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 54 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated September 27, 2019 Document filed by Audible, Inc..(Reisbaum, Emily) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Pre-Motion Conference held on 9/25/2019. (anc) |
| Filing 53 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss . . Document filed by Audible, Inc.. (Reisbaum, Emily) |
| Filing 52 DECLARATION of Nancy Wolff in Support re: #50 MOTION for Leave to File Brief of Amici Curiae .. Document filed by Association of Authors' Representatives, Inc., The Authors Guild, Inc.. (Attachments: #1 Exhibit A)(Wolff, Nancy) |
| Filing 51 MEMORANDUM OF LAW in Support re: #50 MOTION for Leave to File Brief of Amici Curiae . . Document filed by Association of Authors' Representatives, Inc., The Authors Guild, Inc.. (Wolff, Nancy) |
| Filing 50 MOTION for Leave to File Brief of Amici Curiae . Document filed by The Authors Guild, Inc., Association of Authors' Representatives, Inc..(Wolff, Nancy) |
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Filing 49
ORDER: granting #46 Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/23/2019) (ama)
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| REPLY IN SUPPORT OF PI- EXHIBIT 2. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc. (The records room received a physical disc to be retained in the court file.) (ama) |
| Filing 48 CERTIFICATE OF SERVICE of Physical Exhibit 2 to the Reply Declaration of Dale M. Cendali served on Audible, Inc. on September 20, 2019. Service was made by Mail. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Simmons, Joshua) |
| Filing 47 MEMORANDUM OF LAW in Opposition re: #40 MOTION to Dismiss . . Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 46 LETTER MOTION for Leave to File Physical Exhibit 2 to the Reply Declaration of Dale M. Cendali addressed to Judge Valerie E. Caproni from Dale M. Cendali dated September 20, 2019. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc..(Cendali, Dale) |
| Filing 45 DECLARATION of Dale M. Cendali in Support re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cendali, Dale) |
| Filing 44 DECLARATION of Lois Bridges, Ph.D. in Support re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 43 REPLY MEMORANDUM OF LAW in Support re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,, . Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 42 EXHIBITS A AND B TO THE SUPPORTING DECLARATION OF MR. RICHARD STERN IN OPPOSITION TO PLAINTIFF'S MOTION (CD-ROM). Document filed by Audible, Inc. (kgo) |
| Filing 41 MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss . . Document filed by Audible, Inc.. (Reisbaum, Emily) |
| Filing 40 MOTION to Dismiss . Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 39 DECLARATION of Emily Reisbaum in Opposition re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Audible, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Reisbaum, Emily) |
| Filing 38 DECLARATION of Richard Stern in Opposition re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Audible, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reisbaum, Emily) |
| Filing 37 DECLARATION of Timothy Shanahan in Opposition re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Audible, Inc.. (Reisbaum, Emily) |
| Filing 36 DECLARATION of Michael Yudin in Opposition re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Audible, Inc.. (Reisbaum, Emily) |
| Filing 35 DECLARATION of Beth Anderson in Opposition re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,. Document filed by Audible, Inc.. (Reisbaum, Emily) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #3 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,, . Document filed by Audible, Inc.. (Reisbaum, Emily) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amazon.Com, Inc. for Audible, Inc.. Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 32 MEMO ENDORSEMENT on re: #31 Letter filed by Audible, Inc. ENDORSEMENT: Application GRANTED. (Signed by Judge Valerie E. Caproni on 9/12/2019) (jwh) |
| Filing 31 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated September 12, 2019 re: Leave from the Court to file physical exhibits with the Clerk.. Document filed by Audible, Inc..(Reisbaum, Emily) |
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter Request to Enlarge Page Limits filed by Audible, Inc. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/11/19) (yv)
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| Filing 29 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated 09/10/2019 re: Request to Enlarge Page Limits. Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 28 NOTICE OF APPEARANCE by Emily Weissler on behalf of Audible, Inc.. (Weissler, Emily) |
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Filing 27
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiffs Chronicle Books LLC, Hachette Book Group, Inc., HarperCollins Publishers LLC; Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., and Simon & Schuster, Inc. ("Publishers"), and counsel for Defendant Audible Inc., ("Audible"), that: Audible will not enable its "Captions" feature for all audiobooks for which Publishers own, or are the exclusive licensee of, the text or audiobook rights (including without limitation Publishers' Works as defined in Paragraph 36 of the Complaint filed in this litigation) until the Court rules on Publishers' Motion for a Preliminary Injunction, filed on August 23, 2019, or the motion is otherwise disposed of. The briefing schedule set forth in the Order to Show Cause dated August 23, 2019, is modified on consent to the following: Audible's answering papers shall be filed and served upon Publishers' counsel by email to KEPublishers-Audible@kirkland.com on September 13, 2019. The foregoing stipulation is hereby approved except that Plaintiffs' reply papers shall be filed and served on September 20, 2019. The parties are directed to appear for a hearing on Plaintiffs' motion before the undersigned on September 25, 2019, at 11:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The hearing currently scheduled before Judge Crotty in his capacity as the Part I judge on September 5 is CANCELLED. SO ORDERED. (Responses due by 9/13/2019, Replies due by 9/20/2019., Pre-Motion Conference set for 9/25/2019 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/28/19) (yv)
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| Filing 26 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated August 28, 2019 re: scheduling for the briefing and hearing on Plaintiffs' Order to Show Cause. Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 25 LETTER addressed to Judge Valerie E. Caproni from Emily Reisbaum dated August 28, 2019 re: scheduling for the briefing and hearing on Plaintiffs' Order to Show Cause. Document filed by Audible, Inc..(Reisbaum, Emily) |
| Filing 24 NOTICE OF APPEARANCE by Ashleigh Piknam Patricia Hunt on behalf of Audible, Inc.. (Hunt, Ashleigh) |
| Filing 23 NOTICE OF APPEARANCE by Aaron Hayes Crowell on behalf of Audible, Inc.. (Crowell, Aaron) |
| Filing 22 NOTICE OF APPEARANCE by Nicole L. Gueron on behalf of Audible, Inc.. (Gueron, Nicole) |
| Filing 21 NOTICE OF APPEARANCE by Emily Reisbaum on behalf of Audible, Inc.. (Reisbaum, Emily) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. Audible, Inc. served on 8/23/2019, answer due 9/13/2019. Document filed by Scholastic Inc.; Harpercollins Publishers LLC; Simon & Schuster, Inc.; Hachette Book Group, Inc.; Chronicle Books, LLC; Macmillan Publishing Group, LLC; Penguin Random House LLC. (Cendali, Dale) |
| Filing 19 DECLARATION of Douglas E. Stambaugh in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 18 DECLARATION of Lori Benton in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 17 DECLARATION of Jonathan Yaged in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 16 DECLARATION of Chantal Restivo-Alessi in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 15 DECLARATION of Michael Pietsch in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 14 DECLARATION of Tyrrell Mahoney in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 13 DECLARATION of Jeffrey Weber in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Attachments: #1 Exhibit 1 - USA Today Article, #2 Exhibit 2 - Other Press, #3 Exhibit 3 - Audible Captions)(Cendali, Dale) |
| Filing 12 PROPOSED ORDER. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. Related Document Number: #3 . (Cendali, Dale) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 11 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,, . Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 10 DECLARATION of Dale M. Cendali in Support re: #3 Order to Show Cause, Set Deadlines/Hearings,,,,,,,,,,. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 9 NOTICE OF APPEARANCE by Jordan Miner Romanoff on behalf of Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Romanoff, Jordan) |
| Filing 8 NOTICE OF APPEARANCE by Joshua Levicoff Simmons on behalf of Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Simmons, Joshua) |
| Filing 7 NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc.. (Cendali, Dale) |
| Filing 6 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Cendali, Dale) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Macmillan Holdings, LLC for Macmillan Publishing Group, LLC; Other Affiliate Hachette Livre USA, Inc. for Hachette Book Group, Inc.; Other Affiliate Scholastic Corporation for Scholastic Inc.; Other Affiliate CBS Corporation, Other Affiliate National Amusements, Inc. for Simon & Schuster, Inc.; Corporate Parent The McEvoy Group, LLC for Chronicle Books, LLC; Other Affiliate Pearson Plc, Other Affiliate Bertelsmann SE & Co. KGaA for Penguin Random House LLC; Corporate Parent News Corporation for Harpercollins Publishers LLC. Document filed by Chronicle Books, LLC, Hachette Book Group, Inc., Harpercollins Publishers LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC, Scholastic Inc., Simon & Schuster, Inc..(Cendali, Dale) |
| Filing 4 ENDORSED LETTER: addressed to Judge Valerie E. Caproni from Dale M. Cendali, P.C. dated 8/23/2019 re: Accordingly, we respectfully seek leave from this Court to file these physical exhibits with the Clerk. ENDORSEMENT: Application Granted. (Signed by Judge Valerie E. Caproni on 8/23/2019) (ama) |
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Filing 3
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND EXPEDITED BRIEFING SCHEDULE: ORDERED: that Defendant Audible, Inc. ("Audible") show cause before the Honorable Paul Crotty (Part I), U.S.D.J., located at the United States Courthouse, 500 Pearl Street, in the City, County and State of New York, Courtroom 14C, on Sept 5, 2019, at 2:00 p.m. as to why a Preliminary Injunction Order pursuant to Section 502 of the U.S. Copyrights Act, 17 U.S.C. 502 and Rule 65 of the Federal Rules of Civil Procedure, should not be entered, once briefing is completed and the Court has the opportunity to weigh in on the parties' arguments, granting Plaintiffs' preliminary injunction as follows: as set forth herein. IT IS FURTHER ORDERED that Defendant's answering papers shall be filed and served upon Plaintiffs' counsel by email to KEPublishers-Audible@kirkland.com, by the 28 day of august, 2019 and any reply papers shall be filed and served on Defendant by Sept. 3, 2019. SO ORDERED., ( Service due by 8/23/2019.) Show Cause Hearing set for 9/5/2019 at 02:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni. Show Cause Response due by 8/28/2019. (Signed by Judge Valerie E. Caproni on 8/23/2019) (ama)
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| Filing 2 CIVIL COVER SHEET filed. (pne) (pne). |
| Filing 1 COMPLAINT against Audible, Inc.. (Filing Fee $ 400.00, Receipt Number 465401242690)Document filed by Scholastic Inc., Harpercollins Publishers LLC, Simon & Schuster, Inc., Hachette Book Group, Inc., Chronicle Books, LLC, Macmillan Publishing Group, LLC, Penguin Random House LLC.(pne) (Additional attachment(s) added on 8/23/2019: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (pne). |
| Magistrate Judge Sarah Netburn 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) |
| Case Designated ECF. (pne) |
| Set/Reset Deadlines: Replies due by 9/3/2019. (ama) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order, was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Dale Margaret Cendali 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) |
| SUMMONS ISSUED as to Audible, Inc.. (pne) |
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