Bedford, Freeman & Worth Publishing Group, LLC et al v. Does 1 - 30 et al
| Bedford, Freeman & Worth Publishing Group, LLC, McGraw-Hill Global Education Holdings, LLC, Elsevier Inc., Pearson Education, Inc. and Cengage Learning, Inc. |
| Digittextbook.com, Collegesclass.com, Lightstudent.com, Acetxt.com, W3ebook.com, Bookfreely.com, Ebooksec.com, Megatext4u.com, Novebay.com, Elibclass.com, Ebookduck.com, Greatbuysmarket.net, Duranbook.com, Bestbookz.myshopify.com, Librastyles.com, Does 1 - 30, Instant-Reading.com, Ebookair.com, Ebookmore.com, Ebookbros.com, Bookslite.com, Timplaza.com, Aonsky.com, Gloomall.com, Etextworld.com, Ebookhunters.com, Etextbooko.com, Pantherebook.com, Elibcenter.com and Ebookour.com |
| 1:2019cv10524 |
| November 13, 2019 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #14 MOTION for Steven King to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Steven King to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 14
MOTION for Steven King to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. 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 Declaration of Steven King, #2 Text of Proposed Order)(King, Steven)
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Filing 13
PRELIMINARY INJUNCTION: NOW, THEREFORE, IT IS HEREBY ORDERED, in accordance with Federal Rules of Civil Procedure 64 and 65, the Copyright Act (17 U.S.C. 502(a)), and N.Y. C.P.L.R. 6201, and the Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief that: I. Defendants, their officers, agents, employees, and attorneys, and all those in active concert or in 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 controlled by any of Plaintiffs ("Plaintiffs' Textbooks"), i.e., any copyrighted work published under any of the imprints identified on Exhibit A to the Complaint; b) Copying, reproducing, downloading, distributing, uploading, transmitting, displaying, selling, advertising, or otherwise exploiting without authorization any of Plaintiffs' Textbooks; IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effect until final resolution of this case, unless otherwise ordered by this Court. IT IS FURTHER ORDERED that service of this Preliminary Injunction shall be made, in accordance with the Alternative Service Order, within two (2) business days of this Order by email to the Defendants' email addresses associated with the Infringing Sites as identified in Exhibit B to the Complaint. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/10/2019) (jca)
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent McGraw-Hill Global Education Intermediate Holdings, LLC for McGraw-Hill Global Education Holdings, LLC; Corporate Parent Macmillan Holdings, LLC for Bedford, Freeman & Worth Publishing Group, 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..(Murphy, Michele)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #11 Proposed Order was reviewed and approved as to form. (km)
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Filing 11
PROPOSED ORDER. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. Related Document Number: #3 . (Murphy, Michele) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 10
ORDER FOR ADMISSION PRO HAC VICE granting #9 MOTION for Michele H. Murphy to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 12/2/2019) (jca)
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Filing 9
MOTION for Michele H. Murphy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Declaration of Michele Murphy, #2 Text of Proposed Order)(Murphy, Michele)
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Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michele H. Murphy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Affidavit of Michele H. Murphy, #2 Text of Proposed Order Granting Motion)(Murphy, Michele) Modified on 11/27/2019 (aea).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Michele H. Murphy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Michele H. Murphy to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): The date is not visible for the Certificate of Good Standing for District of Columbia; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 7
ORDER granting #5 Letter Motion to Adjourn Conference. Memorandum Endorsement The temporary restraining order is extended to and including December 11, 2019. The hearing on the motion for a preliminary injunction is adjourned to December 10, 2019 at 4:30 pm. Any papers in opposition to the preliminary injunction motion and any reply papers in support thereof shall be filed on or before December 3, 2019 and December 6, 2019, respectively. SO ORDERED. Show Cause Hearing set for 12/10/2019 at 04:30 PM before Judge Lewis A. Kaplan.. (Signed by Judge Lewis A. Kaplan on 11/26/2019) (jca)
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Set/Reset Deadlines: Responses due by 12/3/2019, Replies due by 12/6/2019. (jca)
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Filing 6
AFFIDAVIT OF SERVICE of Ex Parte Order, Complaint and Exhibits, Summons, and Plaintiffs' Ex Parte Application served on Does 1-30 on November 22, 2019. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Oppenheim, Matthew)
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Filing 5
LETTER MOTION to Adjourn Conference re: Order to Show Cause addressed to Judge Lewis A. Kaplan from Matthew J. Oppenheim dated November 22, 2019. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc..(Oppenheim, Matthew)
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Filing 4
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steven King to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18081648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Elsevier Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: #1 Declaration of Steven King, #2 Exhibit A, #3 Text of Proposed Order)(King, Steven) Modified on 11/18/2019 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #4 MOTION for Steven King to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18081648. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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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 ("EXP ARTE ORDER"). Based on the foregoing, it is HEREBY ORDERED that Defendants shall appear on December 2, 2019, at 3:00 p.m. in Courtroom 21B of the United States District Court for the Southern District of New York at 500 Pearl 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)), 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, 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. IT IS FURTHER ORDERED that Defendants' answering papers shall be filed and served upon Plaintiffs' counsel, by email to steve@oandzlaw.com, on or before November 21, 2019, and Plaintiffs' reply papers, if any, shall be filed and served on Defendants on or before Nov. 27, 2019. IT IS HEREBY ORDERED, in accordance with Federal Rules of Civil Procedure 64 and 65, the Copyright Act (17 U.S.C. 502(a)), 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, that: 1. Defendants, their officers, agents, 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: a) Directly or indirectly infringing any copyrighted work that is owned or exclusively controlled by any of Plaintiffs ("Plaintiffs" Textbooks"), 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"). (And as further set forth herein.) (Responses due by 11/21/2019, Replies due by 11/27/2019., Show Cause Hearing set for 12/2/2019 at 03:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan.) (Signed by Part One Judge Paul G. Gardephe on 11/13/2019) (jca)
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Filing 2
CIVIL COVER SHEET filed. (jgo) (pc).
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Filing 1
COMPLAINT against Acetxt.com, Aonsky.com, Bestbookz.myshopify.com, Bookfreely.com, Bookslite.com, Collegesclass.com, Digittextbook.com, Does 1 - 30, Duranbook.com, Ebookair.com, Ebookbros.com, Ebookduck.com, Ebookhunters.com, Ebookmore.com, Ebookour.com, Ebooksec.com, Elibcenter.com, Elibclass.com, Etextbooko.com, Etextworld.com, Gloomall.com, Greatbuysmarket.net, Instant-Reading.com, Librastyles.com, Lightstudent.com, Megatext4u.com, Novebay.com, Pantherebook.com, Timplaza.com, W3ebook.com. (Filing Fee $ 400.00, Receipt Number 465401248298)Document filed by McGraw-Hill Global Education Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC, Pearson Education, Inc., Elsevier Inc..(jgo) (Additional attachment(s) added on 11/14/2019: #1 Ex A, #2 Ex B) (pc).
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SUMMONS ISSUED as to Acetxt.com, Aonsky.com, Bestbookz.myshopify.com, Bookfreely.com, Bookslite.com, Collegesclass.com, Digittextbook.com, Does 1 - 30, Duranbook.com, Ebookair.com, Ebookbros.com, Ebookduck.com, Ebookhunters.com, Ebookmore.com, Ebookour.com, Ebooksec.com, Elibcenter.com, Elibclass.com, Etextbooko.com, Etextworld.com, Gloomall.com, Greatbuysmarket.net, Instant-Reading.com, Librastyles.com, Lightstudent.com, Megatext4u.com, Novebay.com, Pantherebook.com, Timplaza.com, W3ebook.com. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Barbara C. Moses 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. (jgo)
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