Cengage Learning, Inc. et al v. Doe 1 et al
| McGraw Hill LLC, Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc. and Elsevier Inc. |
| Doe 46, Doe 30, Doe 22, Doe 8, Doe 12, Doe 17, Doe 19, Doe 2, Doe 7, Doe 21, Doe 11, Doe 41, Doe 39, Doe 29, Doe 1, Doe 26, Doe 47, Doe 42, Doe 23, Doe 16, Doe 3, Doe 18, Doe 37, Doe 32, Doe 6, Doe 10, Doe 15, Doe 5, Doe 27, Doe 35, Doe 43, Doe 24, Doe 44, Doe 38, Doe 36, Doe 14, Doe 31, Doe 33, Doe 4, Doe 9, Doe 34, Doe 13, Doe 25, Doe 20, Doe 45, Doe 40, Doe 28 and Doe 48 |
| 1:2020cv00769 |
| January 29, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
178
DEFAULT JUDGMENT AND PERMANENT INJUNCTION: Accordingly, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendant, his officers, agents, servants, employees, and attorneys, and all thos e in active concert or participation with him, are pe1manently enjoined and restrained from directly or indirectly infringing the copyrights owned or exclusively controlled by any of the Plaintiffs (or any parent, subsidiary, or affiliate of a Pla intiff), whether now in existence or later created. Without limiting the foregoing, IT IS FURTHER ORDERED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendant, his officers, agents, servants, employees, and attorneys, and a ll those in active conceit or participation with him, are permanently enjoined and restrained from engaging in any of the following acts: As further set forth in this Order. IT IS FURTHER ORDERED that, pursuant to 17 U.S.C. § 504(c), Pl aintiffs' request for statutory damages under the Copyright Act is granted, and Plaintiffs are awarded statutory damages of $1,500,000 against Defendant for his willful infringement of ten of Plaintiffs' Authentic Works. IT IS FURTHER ORDERED that, in accordance with Federal Rule of Civil Procedure 69(a) and N.Y. C.P.L.R. § 5222(b), Defendant, his officers, agents, servants, employees, and attorneys, and all those in active concert or participation with him, and any financia l institutions, i.e., banks, payment processing companies, savings and loan associations, credit card companies, credit card processing agencies, merchant acquiring banks, or other companies or agencies that engage in the processing or transfer of m oney and/or other assets ("Financial Institutions"), who receive actual notice of this Order, must immediately cease transferring, withdrawing, or otherwise. As further set forth in this Order. IT IS FURTHER ORDERED that the Clerk of C ourt is hereby directed to release the $10,000 cash bond, posted in accordance with the Ex Parte Order, to Plaintiffs by sending it to their attorneys of record, Oppenheim + Zebrak, LLP, at 4530 Wisconsin Avenue, NW, 5th Floor, Washington, DC 2 0016. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties and the subject matter of this litigation for the purpose of interpretation and enforcement of this Permanent Injunction. FINAL JUDGMENT is hereby entered in favor of Plaintiffs against Defendant Michael McEvilley in the total amount of $1,500,000, as described above, plus post-judgment interest calculated at the rate set forth in 28 U.S.C. § 1961. It is SO ORDERED. (Signed by Judge John G. Koeltl on 1/20/2023) Michael McEvilley terminated. (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing
176
ORDER for 174 Report and Recommendations. No objections were filed to the Report and Recommendation and the time for filing such objections has passed. In any event, the Court finds that the Report and Recommendation is well-reasoned and s hould be adopted. The Court therefore adopts the Report and Recommendation and directs the plaintiffs to submit a proposed judgment by January 20, 2023. Any objections or counter-judgment should be submitted by January 25, 2023. (Signed by Judge John G. Koeltl on 1/10/2023) (ate)
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Filing
172
ORDER re: 167 Order. It is hereby Ordered that, no later than November 8, 2022, Plaintiffs shall file to the electronic docket a Certificate of Service reflecting service of their Proposed Findings of Fact and Conclusions of Law and related papers on defendant Michael McEvilley. (See Scheduling Order, ECF No. 167, paragraph 1.) SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/3/2022) (kv)
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Filing
167
SCHEDULING ORDER FOR DAMAGES INQUEST re: 165 Order, 166 Amended Order Referring Case to Magistrate Judge. Accordingly, it is hereby Ordered as follows: 1. Plaintiffs shall serve Defendant McEvilley and file Proposed Findings of Fact and Conc lusions of Law concerning all damages and any other relief permitted under an entry of default judgment no later than November 2, 2022. Plaintiffs shall include with such service a copy of this Order. The submission shall contain a concluding paragra ph that succinctly summarizes the relief being sought. 2. Plaintiffs' Proposed Findings of Fact should specifically tie the proposed damages figure to their legal claim(s); should demonstrate how Plaintiffs arrived at the proposed damages figure ; and should be supported by one or more affidavits, which may attach any documentary evidence establishing the proposed damages. Each Proposed Finding of Fact shall be followed by a citation to the paragraphs of the affidavit(s) and or page of docum entary evidence that supports each such Proposed Finding. To the extent the Proposed Findings contain any allegations regarding liability, the Proposed Findings should cite to the appropriate paragraph of the Amended Complaint. 3. In lieu of conclus ions of law, Plaintiffs may submit a memorandum of law setting forth the legal principles applicable to Plaintiffs' claim or claims for damages (including but not limited to the legal basis for any claim for interest or attorneys' fees). Pl aintiffs' papers must include an affidavit from someone with personal knowledge, setting forth the facts which establish that the Court has both personal jurisdiction over Defendant McEvilley, and jurisdiction over the subject matter. 4. Defenda nt McEvilley shall send to Plaintiffs' counsel and file with the Court his response, if any, to Plaintiffs' submissions no later than November 16, 2022. 5. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 189 (2d Cir. 2015) (quoting Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Ci r. 1991)); Cement & Concrete Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other Funds v. Metro Found. Contractors Inc., 699 F.3d 230, 234 (2d Cir. 2012) (citation omitted). To the extent that any party seeks an evidentiary hearing on the issue of damages, such party must set forth in its submission the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/12/2022) (kv)
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Filing
165
ORDER The case is referred to the Magistrate Judge for an inquest on damages and the recommendation of an appropriate judgment. (And as further set forth herein.) SO ORDERED. (Signed by Judge John G. Koeltl on 10/11/2022) (jca)
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Filing
161
DEFAULT JUDGMENT: Accordingly, IT IS HEREBY ORDERED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendants, their officers, agents, servants, employees, and attorneys, and all those in active concert or participati on with any of them, who receive actual notice of this Order, are pe1manently enjoined and restrained from directly or indirectly infringing the copyrights owned or exclusively controlled by any of the Plaintiffs or any parent, subsi diary, or affiliate of a Plaintiff, whether now in existence or later created ("Plaintiffs' Copyrights"). Without limiting the foregoing, IT IS FURTHER ORDERED that, in accordance with Federal Rule of Civil Procedure 65(d ), 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 Order, are permanently enjoined and restrained from engaging in any of the following acts: all other provisions as further set forth in this order. So Ordered.. (Signed by Judge John G. Koeltl on 9/20/2021) (js)
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Filing
155
ORDER granting 147 LETTER MOTION to Seal re Proposed Default Judgment and Exhibits in Support Thereof. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/1/2021) (jca)
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Filing
143
ORDER re: 104 Clerk's Certificate of Default. The Plaintiffs sought a Default Judgment against Defendant Michael McEvilley. However, the Certificate of Default, ECF No. 104, is defective in that it fails to note that the Defendant did no t respond to the Summons and Complaint and recite that the Default of the Defendant is hereby noted. The current application for an Order to Show Cause is denied. The Plaintiffs are directed to submit a new Order to Show Cause for a Default Judgment accompanied by a proper Certificate of Default. SO ORDERED. (Signed by Judge John G. Koeltl on 8/18/2021) (kv)
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Filing
141
ORDER granting 134 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 8/9/2021) (rro)
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Filing
133
ORDER terminating 132 Letter Motion for Extension of Time to File. Any dates are vacated, except the plaintiffs should file an Order to Show Cause for a default judgment against defendant McEvilley by August 6, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 7/21/2021) (mml)
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Filing
130
DEFAULT JUDGMENT AND PERMANENT INJUNCTION: Accordingly, IT IS HEREBY ORDERED that, in accordance with Federal Rule of CivilProcedure 65( d), Defendants, their officers, agents, servants, employees, and attorneys, and allthose in active concert or p articipation with any of them, who receive actual notice of this Order, are pe1manently enjoined and restrained from directly or indirectly infringing the copyrights owned or exclusively controlled by any of the Plaintiffs or any parent, subsidiar y, or affiliate of a Plaintiff, whether now in existence or later created ("Plaintiffs' Copyrights"). Without limiting the foregoing, IT IS FURTHER ORDERED that, in accordance with Federal Rule of Civil Procedure 65(d), Defendants, the ir officers, agents, servants, employees, and attorneys, and all those in active concert or participation with any of them, who receive actualnotice of this Order, are permanently enjoined and restrained from engaging in any of the following acts: (As further set forth herein.) FINAL JUDGMENT is hereby entered in favor of Plaintiffs against Defendants Trung Kien Nguyen, Duy Anh Nguyen, Duong Thi Bay, Xuan Chinh Nguyen, Tuan Anh Nguyen, Vinh Ngoc Nguyen, Le Trang, Van Quynh Pham, Thi Lien Phuong Nguyen, Van Tuan Dang, Hien Vo Van, Quang Nguyen, Jessica Goldberg, Maxim Gubceac, Tracey Lum, Rodney Mouzone, Zainee Jallal, Luu Van Doan, Bui Hai Linh, Mohd HaniffHaslam, Rafan Waseef, Sameer Yaman, Stefan Demeter, Shahbaz Haider, Erika D emeterova, Rostislav Zhuravskiy, Susan Ragon, Waleska Camacho, Anjum Akhter, Haseeb Anjum, Muhd Izhan Khairul, Vu Xuan Truong, Binh Nguyen, Mohd Ali Kami!, Adam Harold, Abdul Rahim Mohsin, Refat Hamouda, Mohamed Sabek, Do Thanh Duy, Cris Austin, and Wasri Wamin in the total amount of $5,850,000, as described above, plus post-judgment interest calculated at the rate set forth in 28 U.S.C. § 1961. SO ORDERED. (Signed by Judge John G. Koeltl on 6/28/2021) (va)
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Filing
123
ORDER for 121 Report and Recommendations. This Court having determined that the plaintiffs were entitled to a default judgment against the defendants referred the matter to Magistrate Judge Aaron for an inquest on damages. The Magistrate Judge issued a Report and Recommendation dated June 1, 2021. The time for filing objections has passed with no objections having been filed and therefore any objections have been waived. In any event, the Court has reviewed the Report and Recommendation a nd finds no basis to modify it. The Court therefore adopts the Report and Recommendation. The plaintiffs should submit a proposed judgment consistent with the Report and Recommendation by June 24, 2021. The defendants may submit any response by June 28, 2021. (Signed by Judge John G. Koeltl on 6/21/2021) (rro)
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Filing
120
FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT CORNELL KILLEBREW: NOW, THEREFORE, it is hereby: I. ORDERED that final judgment is ENTERED for Plaintiffs against Defendant in the amount of $325,000.00. Each party shall bear its own co sts and expenses, including its attorney's fees. II. FURTHER ORDERED that a permanent injunction is ENTERED in this action as follow: Defendant, his personal representatives, heirs, executors, administrators, agents, and assigns, and all thos e in active concert or participation with him who receive actual notice of this Permanent Injunction, are enjoined from: a. Directly or indirectly infringing any of Plaintiffs' Copyrighted Works Copying, reproducing, manufacturin g, downloading, uploading, transmitting, distributing, selling, offering to sell, advertising, marketing, promoting, or otherwise exploiting any of Plaintiffs' Copyrighted Works without Plaintiffs' express written authorization; As further set forth herein. FURTHER ORDERED that, in addition to the disbursement of funds pursuant to Section IV above, the Defendant shall pay $135,000 to Plaintiffs, through their counsel Oppenheim + Zebrak, LLP pursuant to the terms of th e settlement agreement. As further set forth in this Order. FURTHER ORDERED that this Order replaces the Court's Preliminary Injunction issued in this matter as to Defendant Cornell Killebrew only. Further Ordered, pursuant to Fed. R. Civ. P . 54(b), there is no just reason for delay and this Judgement should be entered as a Final Judgement against Defendant Cornell Killbrew only. So Ordered. (Signed by Judge John G. Koeltl on 5/4/2021) Cornell Killebrew terminated. (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing
107
ORDER: On September 2, 2020, the Clerk of the Court issued a Certificate of Default as to the defendants Trung Kien Nguyen, Duy Anh Nguyen, Duong Thi Bay, Xuan Chinh Nguyen, Tuan Anh Nguyen, Vinh Ngoc Nguyen, Le Trang, Van Quynh Pham, Thi Lien P huong Nguyen, Van Tuan Dang, Hien Vo Van, Quang Nguyen, Jessica Goldberg, Maxim Gubceac, Tracey Lum, Rodney Mouzone, Zainee Jallal, Luu Van Doan, Bui Hai Linh, Mohd Haniff Haslam, Rafan Waseef, Sameer Yaman, Stefan Demeter, Shahbaz Haider, Erika Dem eterova, Rostislav Zhuravskiy, Susan Ragon, Waleska Camacho, Anjum Akhter, Haseeb Anjum, Muhd Izhan Khairul, Vu Xuan Truong, Binh Nguyen, Mohd Ali Kamil, Adam Harold, Abdul Rahim Mohsin, Refat Hamouda, Mohamed Sabek, Do Thanh Duy, Cris Austin and Was ri Wamin. By Order dated November 24, 2020, the Court ordered these defendants to show cause by December 11, 2020, why an order for an entry of default judgment should not be issued pursuant to Rule 54(b) and Rule 55(b) of the Federal Rules of Civil Procedure. The plaintiff served the defendants with the Order and filed proof of service on December 3, 2020. Because the defendants failed to respond by the due date, the plaintiff is entitled to a default judgment. The case is referred to the Magistrate Judge for an inquest with respect to the nature of the judgment to be entered. SO ORDERED. (Signed by Judge John G. Koeltl on 3/16/2021) (ks)
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Filing
105
ORDER: The parties are directed to provide the Court with a status report by March 12, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 3/1/2021) (ks)
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Filing
81
FINAL JUDGEMENT AND INJUNCTION AS TO DEFENDANT ANTHONY TO ANTHONY TORRESI: NOW THEREFORE, it is hereby: ORDERED that final judgement is ENTERED for Plaintiffs against Defendant. Each party shall bear its own costs and expenses, including its att orney's fees. ORDERED that a permanent Injunction is ENTERED in this action as follow: Defendant, his personal representatives, heirs, executors, administrators, agents, and assigns, and all those in active concert or participation with him who receive action notice of this injunction are enjoined from Directly or indirectly infringing any of Plaintiffs' Copyrighted Works. As further set forth in this Order. ORDERED that Defendant shall pay Plaintiffs, though their counsel Oppenheim + Zebrak, LLP, $50,000. As further set forth in this Order. FURTHER ORDERED that this Order replaces the Court's Preliminary Injunction, issued in this matter as to Defendant Anthony Torresi only. SO ORDERED this 19th day of November, 2 020. Pursuant to Federal R. of Civ. P. 54(b) this is no just reason for delaying this entry of final judgement against their defendant and therefor the Clerks should enter this Final Judgement and Injunction as to Defendant Anthony Toressi. SO ORDERED. (Signed by Judge John G. Koeltl on 11/19/2020) Anthony Torresi terminated. (ks)
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Filing
78
ORDER granting 73 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 11/18/2020) (ks)
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Filing
43
ORDER: The plaintiffs should submit a declaration showing the need for the service requested on Duong Thi Bay. SO ORDERED. (Signed by Judge John G. Koeltl on 7/6/2020) (ks)
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Filing
24
EX PARTE ORDER REQUIRING IMMEDIATE COMPLIANCE WITH ASSET FREEZE (FILED UNDER SEAL) granting 16 Motion for Preliminary Injunction. NOW, THEREFORE, IT IS HEREBY ORDERED, that Plaintiffs' Motion with respect to the Responding Financial Institut ion is granted; and IT IS FURTHER ORDERED that Responding Financial Institution shall immediately comply with the Preliminary Injunction by locating all of its accounts identified on Appendix C to Plaintiffs' proposed Amended Prelim inary Injunction (ECF No. 16-1), which are connected to REDACTED, Doe Defendant REDACTED, as set forth on Appendix A to Plaintiffs' proposed Amended Preliminary Injunction (ECF No. 16-1). This order shall remain in effect until further order of the Court. So Ordered.. (Signed by Judge John G. Koeltl on 3/19/2020) (js)
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Filing
25
AMENDED 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)), the Lanham Act (15 U.S.C. § 1116), and the Court's inh erent 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 preliminary injunction are enjoined from: the following set forth in this Order. IT IS FURTHER ORDERED that 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 replaces and supersedes the Preliminary Injunction issued on February 24, 2020 (ECF No. 14) and shall remain in effect until further order of the Court. So Ordered. (Signed by Judge John G. Koeltl on 3/19/2020) (js)
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Filing
15
ORDER: The plaintiff should advise the Court about the status of this case within sixty days. SO ORDERED. (Signed by Judge John G. Koeltl on 2/24/2020) (ks)
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Filing
14
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)), the Lanham Act (15 U.S.C. § 1116), and the Court's inherent equitab le 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 ac tive concert or participation with any of them who receive actual notice of this preliminary injunction are enjoined from further set forth in this Order.... provided that no Financial Institution is required to locate any account or cease to transf er, withdraw or otherwise dispose of any assets in Defendants' Accounts located based on the information provided by the Plaintiffs. IT IS FURTHER ORDERED that this Preliminary Injunction shall remain in effectuntil further order of the Court as set forth herein. (Signed by Judge John G. Koeltl on 2/24/2020) (ks)
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Filing
7
ORDER The sealing order in this case is lifted. No documents should remain sealed. SO ORDERED. (Signed by Judge John G. Koeltl on 02/18/2020) (mhe)
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