Pica v. Barnes & Nobble College Booksellers, LLC et al
Plaintiff: Eric Pica
Defendant: McGraw Hill LLC, Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Pearson Education Inc., Cengage Learning Inc. and Follett Higher Education Group
Case Number: 1:2020cv06317
Filed: August 11, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Denise L Cote
Nature of Suit: Anti-Trust
Cause of Action: 15:15
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Craig S. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21942575. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kiyana Miller. (Attachments: #1 Exhibit Affidavit of Craig S. Davis in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Minnesota Supreme Court Certificate of Good Standing)Filed In Associated Cases: 1:20-md-02946-DLC et al..(Davis, Craig) Modified on 10/2/2020 (wb).
October 1, 2020 Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica N. Servais to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21942520. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kiyana Miller. (Attachments: #1 Exhibit Affidavit of Jessica N. Servais in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Minnesota Supreme Court Certificate of Good Standing, #3 Exhibit Wisconsin Supreme Court Certificate of Good Standing)Filed In Associated Cases: 1:20-md-02946-DLC et al..(Servais, Jessica) Modified on 10/2/2020 (wb).
October 1, 2020 Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Heidi M. Silton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21941873. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kiyana Miller. (Attachments: #1 Exhibit Affidavit of Heidi M. Silton in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Minnesota Supreme Court Certificate of Good Standing)Filed In Associated Cases: 1:20-md-02946-DLC et al..(Silton, Heidi) Modified on 10/2/2020 (wb).
September 9, 2020 Opinion or Order Filing 19 ORDER: It is hereby ORDERED as follows: Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP shall serve as Co-Lead Counsel for the Student Purchaser Plaintiffs. Steckler Gresham Cochran PLLC and Thompson Coburn LLP shall serve as Co-Lead Counsel for the Independent Collegiate Retailer Plaintiffs. The Student Purchaser Plaintiffs and Independent Collegiate Retailer Plaintiffs shall each file their consolidated amended complaints for their respective actions and any actions consolidated with their respective actions on or before October 16, 2020. Defendants shall file an answer to the consolidated amended complaints or a motion to dismiss the consolidated amended complaints by December 4. If a motion to dismiss either of the two consolidated amended complaints is filed, the Student Purchaser Plaintiffs and Independent Collegiate Retailer Plaintiffs shall file a letter by December 11, 2020 indicating a desire to further amend their complaints in response to the motion. Any second consolidated amended complaints must be filed by December 18. If the Student Purchaser Plaintiffs and Independent Collegiate Retailer Plaintiffs elect to further amend, any Defendant shall file its motion to dismiss on or before January 22, 2021. The plaintiffs shall file their oppositions to the motions by February 19. Defendants shall file their replies on or before March 5. (And as further set forth herein.) (Amended Pleadings due by 12/18/2020., Motions due by 1/22/2021., Responses due by 2/19/2021, Replies due by 3/5/2021.) (Signed by Judge Denise L. Cote on 9/8/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (jca)
September 3, 2020 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference to address applications for appointment as lead counsel in this matter held on 9/3/2020. (Court Reporter Jennifer Thun) Associated Cases: 1:20-md-02946-DLC et al.(gr)
September 1, 2020 Opinion or Order Filing 18 ORDER: On August 12, 2020, this Court issued an Order scheduling atelephone conference for September 3. On August 24, this Court ordered that the September 3 conference shall address the applications for appointment as lead counsel and set a schedule for consolidated class actions. It is herebyORDERED that counsel for the plaintiffs shall consult with each other and submit an appearance sheet that lists the names and phone numbers of each attorney who will make an appearance at the conference by Wednesday, September 2 at 5:00 p.m. The appearance sheet may be submitted to this Courts Chambers via email at cotenysdchambers@nysd.uscourts.gov. (Signed by Judge Denise L. Cote on 9/1/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (gr)
August 31, 2020 Opinion or Order Filing 17 ORDER: On August 28, 2020, Martha Barabas, one of the Student Plaintiffs in this case, moved for the appointment of the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as interim co-lead counsel. In support of the motion, Barabas submitted a declaration by John D. Radice (Declaration) and requested that it be filed under seal. The Court having reviewed the Declaration, it is hereby ORDERED that the plaintiff shall file the Declaration with only the third paragraph redacted. (Signed by Judge Denise L. Cote on 8/31/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (gr)
August 27, 2020 Opinion or Order Filing 16 ORDER in case 1:20-cv-03162-DLC; granting (10) Motion for Nicole Williams. to Appear Pro Hac Vice in case 1:20-md-02946-DLC. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:20-md-02946-DLC et al. (gr)
August 26, 2020 Opinion or Order Filing 15 ORDER: This action, Cabral v. Cengage Learning, Inc., et al, 20cv3660, is related to the MDL which has been assigned to this Court. Accordingly, it is hereby ORDERED that applications for appointment as lead counsel in the Student Plaintiffs class actions shall be made by noon on Friday, August 28, 2020.IT IS FURTHER ORDERED that applications for appointment as lead counsel in the Retailer Plaintiffs class actions shall be made by noon on Friday, August 28, 2020. IT IS FURTHER ORDERED that any objection to those applications shall be filed by Tuesday, September 1, 2020. IT IS FURTHER ORDERED that the September 3 conference will address the applications for appointment as lead counsel and seta schedule for consolidated class actions. (Signed by Judge Denise L. Cote on 8/26/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (gr)
August 24, 2020 Opinion or Order Filing 14 ORDER: These MDL actions having been assigned to this Court, and having reviewed the parties August 21, 2020 submissions, it is hereby ORDERED that applications for appointment as lead counsel in the Student Plaintiffs class actions shall be made by noon on Friday, August 28, 2020. IT IS FURTHER ORDERED that applications for appointment as lead counsel in the Retailer Plaintiffs class actions shall be made by noon on Friday, August 28, 2020. IT IS FURTHER ORDERED that any objection to those applications shall be filed by Tuesday, September 1, 2020. IT IS FURTHER ORDERED that the September 3 conference willaddress the applications for appointment as lead counsel and set a schedule for consolidated class actions. (Signed by Judge Denise L. Cote on 8/24/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (gr)
August 12, 2020 Opinion or Order Filing 13 ORDER: Accordingly, it is hereby ORDERED that by August 21, 2020, all parties in In Re: Inclusive Access Course Materials Antitrust Litigation, 20 MDL No. 2946; and Cabral v. Cengage Learning, Inc., et al, 20cv03660 shall submit proposals for a schedule in this litigation, in letters no longer than two pages. IT IS FURTHER ORDERED that a telephone conference will be held on September 3, 2020 at 2:30 P.M. The dial-in credentials for the telephone conference are the following: Dial-in: 888-363-4749 Access code: 4324948. IT IS FURTHER ORDERED that the parties shall use a landline if one is available. SO ORDERED. (Telephone Conference set for 9/3/2020 at 02:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 8/11/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (jca)
August 11, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
August 11, 2020 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
August 11, 2020 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
August 11, 2020 Case Designated ECF. (sjo)
August 11, 2020 CONSOLIDATED MDL CASE: Create association to 1:20-md-02946-DLC. (sjo)
August 11, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-md-02946-DLC. (sjo)
August 11, 2020 Filing 12 MDL TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:20-cv-04856. Original file certified copy of transfer order and docket entries received. (sjo)
August 11, 2020 Opinion or Order Filing 11 Order of MDL Panel transferring case to the USDC for the SDNY. (dm ) [Transferred from New Jersey on 8/11/2020.]
May 14, 2020 Filing 10 NOTICE of Appearance by LEE ALBERT on behalf of ERIC PICA (Attachments: #1 Proof of Service)(ALBERT, LEE) [Transferred from New Jersey on 8/11/2020.]
May 11, 2020 Opinion or Order Filing 9 ORDER STAYING CASE: All actions, proceedings, motions, or any other process in any of the District of New Jersey Cases is hereby stayed pending a decision of the JPML and further Order of this Court. The Courts prior Text Order setting a deadline of May 11, 2020 for the filing of Defendants motion in Barabas v. Barnes & Noble College Booksellers, LLC et al, is no longer in effect and Defendants should defer any such filing until further Order from this Courtfollowing a determination by the JPML. Signed by Chief Judge Freda L. Wolfson on 05/11/2020. (jdb) [Transferred from New Jersey on 8/11/2020.]
May 8, 2020 Filing 8 Proposed Order Granting Stay by CENGAGE LEARNING, INC. re #7 Letter. (Edelson, Stephanie) [Transferred from New Jersey on 8/11/2020.]
May 8, 2020 Filing 7 Letter from Stephanie D. Edelson, Esq.. (Edelson, Stephanie) [Transferred from New Jersey on 8/11/2020.]
May 7, 2020 Filing 6 Letter from Stephanie D. Edelson, Esq.. (Attachments: #1 Exhibit Exhibit A)(Edelson, Stephanie) [Transferred from New Jersey on 8/11/2020.]
May 7, 2020 Filing 5 NOTICE of Appearance by Stephanie D. Edelson on behalf of CENGAGE LEARNING, INC. (Attachments: #1 Certificate of Service)(Edelson, Stephanie) [Transferred from New Jersey on 8/11/2020.]
April 23, 2020 Filing 4 SUMMONS ISSUED as to BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, BARNES & NOBLE EDUCATION, INC., CENGAGE LEARNING, INC., FOLLETT HIGHER EDUCATION GROUP, MCGRAW HILL LLC, PEARSON EDUCATION, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mg) [Transferred from New Jersey on 8/11/2020.]
April 22, 2020 Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (mg) [Transferred from New Jersey on 8/11/2020.]
April 22, 2020 Filing 3 Certification on behalf of All Plaintiffs Re #1 Complaint. (ALBERT, LEE) [Transferred from New Jersey on 8/11/2020.]
April 22, 2020 Filing 2 CERTIFICATE of Counsel re #1 Complaint Local Rule 11.2 Related Case Certification by LEE ALBERT on behalf of All Plaintiffs (ALBERT, LEE) [Transferred from New Jersey on 8/11/2020.]
April 22, 2020 Filing 1 COMPLAINT against BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, BARNES & NOBLE EDUCATION, INC., CENGAGE LEARNING, INC., FOLLETT HIGHER EDUCATION GROUP, MCGRAW HILL LLC, PEARSON EDUCATION, INC. ( Filing and Admin fee $ 400 receipt number ANJDC-10719810) with JURY DEMAND, filed by ERIC PICA. (Attachments: #1 Civil Cover Sheet)(ALBERT, LEE) [Transferred from New Jersey on 8/11/2020.]

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Defendant: McGraw Hill LLC
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Defendant: Barnes & Noble College Booksellers L.L.C.
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Defendant: Barnes & Noble Education, Inc.
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Defendant: Pearson Education Inc.
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Defendant: Cengage Learning Inc.
Represented By: Stephanie D. Edelson
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Defendant: Follett Higher Education Group
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Plaintiff: Eric Pica
Represented By: Lee Albert
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