Kinskey et al v. Cengage Learning, Inc. et al
| Grace Kinskey and Elizabeth Kinskey |
| McGraw-Hill LLC, Barnes & Noble College Booksellers L.L.C., Pearson Education Inc., Cengage Learning Inc., McGraw-Hill Glogal Education Holdings, LLC and Follett Higher Education Group, Inc. |
| Martha Barabas, on behalf of herself and all others similarly situated |
| 1:2020cv06364 |
| August 12, 2020 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 91 CLERK'S JUDGMENT re: (54 in 1:20-cv-06314-DLC, 30 in 1:20-cv-06331-DLC, 28 in 1:20-cv-06335-DLC, 30 in 1:20-cv-06845-DLC, 25 in 1:20-cv-06848-DLC, 28 in 1:20-cv-06840-DLC, 26 in 1:20-cv-06334-DLC, 21 in 1:20-cv-06842-DLC, 24 in 1:20-cv-06333-DLC, 27 in 1:20-cv-06847-DLC, 127 in 1:20-md-02946-DLC, 51 in 1:20-cv-03162-DLC, 27 in 1:20-cv-06317-DLC, 90 in 1:20-cv-06364-DLC) Memorandum & Opinion,. in favor of Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning Inc., Cengage Learning, Inc., Educational Publishers Enforcement Group, Follett Higher Education Group, Follett Higher Education Group, Inc., McGraw Hill LLC, McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC, Pearson Education Inc., Pearson Education, Inc., Eric Pica against BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Martha Barabas, on behalf of herself and all others similarly situated, Renttext.com, Inc., Alexandra Pelletier, Alexandra Uchenik, Austin Warman, Bruce Puleo, Cliff Urban, Donovan Mcgee, Elizabeth Kinskey, Eric Pica, Grace Kinskey, Jerry Gordon, Joan Padden, Julio Lopez, Kaitlyn Belen, Kira Cloonan, Kiyana Miller, M. Samantha Pak, Martha Barabas, Mohammad Khalid, Mohammed Khalid, TYLER ALIPERTO. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 14, 2021, the Defendants' January 22, 2021 motion to dismiss is granted; judgment is entered for the Defendants and the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/15/2021) (Attachments: #1 Notice of Right to Appeal)Filed In Associated Cases: 1:20-md-02946-DLC et al. (dt) |
Filing 90
OPINION AND ORDER: The Defendants' January 22, 2021 motion to dismiss is granted. The Clerk of Court shall close the case and enter judgment for the Defendants. (Signed by Judge Denise L. Cote on 6/14/2021) Filed In Associated Cases: 1:20-md-02946-DLC et al. (nb) Transmission to Orders and Judgments Clerk for processing.
|
| Filing 89 REPLY MEMORANDUM OF LAW in Support re: (93 in 1:20-md-02946-DLC) MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. . Document filed by Follett Higher Education Group. Filed In Associated Cases: 1:20-md-02946-DLC et al..(Martin, Craig) |
| Filing 88 MOTION for Michael Dockterman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-22944392. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pearson Education Inc.. (Attachments: #1 Affidavit of M. Dockterman, #2 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02946-DLC et al..(Dockterman, Michael) |
| Filing 87 MOTION for Adam J. Di Vincenzo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-22888216. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc.. (Attachments: #1 Affidavit of A. Di Vincenzo, #2 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02946-DLC et al..(Di Vincenzo, Adam) |
| Filing 86 MOTION for Rachel S. Brass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-22662207. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc.. (Attachments: #1 Affidavit of R. Brass, #2 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02946-DLC et al..(Brass, Rachel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (23 in 1:20-cv-06317-DLC, 26 in 1:20-cv-06845-DLC, 56 in 1:20-md-02946-DLC, 26 in 1:20-cv-06331-DLC, 22 in 1:20-cv-06334-DLC, 86 in 1:20-cv-06364-DLC, 24 in 1:20-cv-06840-DLC, 23 in 1:20-cv-06847-DLC, 24 in 1:20-cv-06335-DLC, 40 in 1:20-cv-06314-DLC, 47 in 1:20-cv-03162-DLC, 20 in 1:20-cv-06333-DLC, 21 in 1:20-cv-06848-DLC, 69 in 1:20-cv-06339-DLC, 17 in 1:20-cv-06842-DLC) MOTION for Rachel S. Brass to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-22662207. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:20-md-02946-DLC et al.(vba) |
| Filing 85 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). |
| Filing 84 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). |
| Filing 83 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). |
| Filing 82 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Barnes & Noble College Booksellers L.L.C., Cengage Learning Inc., Follett Higher Education Group, Inc., McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC, Pearson Education Inc.. Document filed by Grace Kinskey, Elizabeth Kinskey. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06364-DLC.(Fegan, Elizabeth) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. (82 in 1:20-cv-06364-DLC, 41 in 1:20-md-02946-DLC) Notice of Voluntary Dismissal was reviewed and referred to Judge Denise L. Cote for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal in a case that has been certified as a class action. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06364-DLC(dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Elizabeth Fegan. RE-FILE Document No. #81 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong case number is listed on the document. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| Filing 81 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Barnes & Noble College Booksellers L.L.C., Cengage Learning, Inc., Follett Higher Education Group, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc.. Document filed by Grace Kinskey, Elizabeth Kinskey. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06364-DLC.(Fegan, Elizabeth) Modified on 9/22/2020 (km). |
|
Filing 80
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)
|
| 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) |
|
Filing 79
ORDER granting #76 Motion to Withdraw as Attorney. Attorney Ray Hughes terminated. (Signed by Judge Denise L. Cote on 9/1/2020) (gr)
|
|
Filing 78
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)
|
|
Filing 77
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)
|
| Filing 76 MOTION for Ray Hughes to Withdraw as Attorney . Document filed by Martha Barabas, on behalf of herself and all others similarly situated. (Attachments: #1 Proposed Order).(Hughes, Ray) |
|
Filing 75
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)
|
|
Filing 74
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)
|
|
Filing 73
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)
|
| Filing 72 MDL TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:20-cv-02322. Original file certified copy of transfer order and docket entries received. (sjo) |
| Filing 71 TRANSFERRED to the Southern District of New York the electronic record. (gcy, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 70 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Southern District of New York. (gcy, ) [Transferred from Illinois Northern on 8/12/2020.] |
| ***Civil Case Terminated pursuant to MDL 2946 Conditional Transfer Order filed 8/12/20. (gcy, ) [Transferred from Illinois Northern on 8/12/2020.] |
| CONSOLIDATED MDL CASE: Create association to 1:20-md-02946-DLC. (sjo) |
| 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) |
| Case Designated ECF. (sjo) |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-md-02946-DLC. (sjo) |
| 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) |
| Filing 69 STATUS Report Joint Addendum by Barnes & Noble College Booksellers, LLC, Cengage Learning, Inc., Follett Higher Education Group, Inc., McGraw-Hill LLC, Pearson Education, Inc. (Attachments: #1 Exhibit)(Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 68 STATUS Report Joint by Barnes & Noble College Booksellers, LLC, Cengage Learning, Inc., Follett Higher Education Group, Inc., McGraw-Hill LLC, Pearson Education, Inc. (Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 67 MINUTE entry before the Honorable Gary Feinerman:Attorneys/Parties should appear for the 8/17/2020 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
|
Filing 66
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) [Transferred from Illinois Northern on 8/12/2020.]
|
| Filing 65 MINUTE entry before the Honorable Gary Feinerman: Motion to appear pro hac vice #64 is granted. Motion to intervene to file motion to transfer #12 is denied without prejudice to renewal (i) if and when the JPML denies the 28 U.S.C. 1407 motion in In re Inclusive Access Course Materials Antitrust Litigation, MDL No. 2946, or, (ii) if the JPML grants the 28 U.S.C. 1407 motion, if and when the transferee court remands this suit to this District. See In re Complaint & Petition of Triton Asset Leasing GbmH, 719 F. Supp. 2d 753, 763-64 (S.D. Tex. 2010). Motion to stay #58 is granted. By agreement of Plaintiff and Defendants, this suit is stayed pending the JPML's ruling on the aforementioned 28 U.S.C. 1407 motion. The status hearing set for 6/2/2020 #61 is stricken. Initial status hearing set for 8/17/2020 at 9:00 a.m. By 8/10/2020, the parties shall file a status report regarding the JPML proceedings.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17064705. (Radice, John) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 63 REPLY by Intervenor Martha Barabas, on behalf of herself and all others similarly situated to notice of motion #13 (Hughes, Christopher) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 62 MINUTE entry before the Honorable Gary Feinerman:The parties shall call the Toll-Free Number: (877) 336-1828, Access Code: 4082461 for the hearing set for 6/2/2020. Please, please be sure to keep your phone on mute when you are not speaking.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 61 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/2/2020 at 9:00 a.m. #18 is re-set for 1:30 p.m. TIME CHANGE ONLY. Hearing on Defendants' motion to stay #58 set for 9:00 a.m. is re-set for 1:30 p.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
|
Filing 60
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) [Transferred from Illinois Northern on 8/12/2020.]
|
| Filing 59 Defendants Joint NOTICE of Motion by Michael R. Dockterman for presentment of motion to stay, #58 before Honorable Gary Feinerman on 6/2/2020 at 09:00 AM. (Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 58 MOTION by Defendants Barnes & Noble College Booksellers, LLC, Cengage Learning, Inc., Follett Higher Education Group, Inc., McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC, Pearson Education, Inc. to stay (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 57 MINUTE entry before the Honorable Gary Feinerman:The parties submitted a letter #56 seeking a stay. In this District, the proper means to request court action as significant as a stay is to file a motion.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 56 Letter to Judge Feinerman by Pearson Education, Inc. (Attachments: #1 Exhibit 1)(Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 55 ATTORNEY Appearance for Defendants McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC by Amy Neda Vegari (Vegari, Amy) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 54 ATTORNEY Appearance for Defendants McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC by Saul Benjamin Shapiro (Shapiro, Saul) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 53 ATTORNEY Appearance for Defendant Cengage Learning, Inc. by Richard Snyder (Snyder, Richard) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 52 ATTORNEY Appearance for Defendant Barnes & Noble College Booksellers, LLC by Adam J. Di Vincenzo (Di Vincenzo, Adam) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 51 ATTORNEY Appearance for Defendant Barnes & Noble College Booksellers, LLC by Rachel Susan Brass (Brass, Rachel) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 50 ATTORNEY Appearance for Defendant Cengage Learning, Inc. by Andrew J Ewalt (Ewalt, Andrew) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 49 MINUTE entry before the Honorable Gary Feinerman:The Clerk is directed to term Dkt. 33 as a motion, as the motion was filed before the JPML and not this court. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 48 MINUTE entry before the Honorable Gary Feinerman:Motions to appear pro hac vice #28 , #29 , #36 , #37 , #38 , and #40 are granted.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 47 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by McGraw-Hill LLC (Hansen, Ian) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 46 NOTICE of Correction #44 . (gcy, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 45 MEMORANDUM by Barnes & Noble College Booksellers, LLC, Cengage Learning, Inc., Follett Higher Education Group, Inc., McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC, Pearson Education, Inc. in Opposition to motion to intervene, #12 Defendants' Joint Opposition to Motion to Intervene and Motion to Transfer (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 44 ENTERED in Error. (Dockterman, Michael) Text Modified by The Clerk's Office on 5/13/2020 (gcy, ). [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 43 Rule 7.1 Corporate Disclosure by Pearson Education, Inc. (Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 42 ATTORNEY Appearance for Defendants McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC by William F Cavanaugh, Jr (Cavanaugh, William) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 41 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Barnes & Noble College Booksellers, LLC (Eimer, Nathan) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17008917. (Di Vincenzo, Adam) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 39 RESPONSE by Elizabeth Kinskey, Grace Kinskeyin Opposition to MOTION by Intervenor Martha Barabas, on behalf of herself and all others similarly situated to intervene to file a motion to transfer #12 (Attachments: #1 Exhibit A)(Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17008114. (Shapiro, Saul) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17008086. (Vegari, Amy) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17008040. (Brass, Rachel) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 35 ATTORNEY Appearance for Defendant Barnes & Noble College Booksellers, LLC by John K. Adams (Adams, John) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 34 ATTORNEY Appearance for Defendant Barnes & Noble College Booksellers, LLC by Nathan P. Eimer (Eimer, Nathan) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 32 Corporate Disclosure STATEMENT by Follett Higher Education Group, Inc. (Martin, Craig) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 31 ATTORNEY Appearance for Defendant Follett Higher Education Group, Inc. by Matt D. Basil (Basil, Matt) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 30 ATTORNEY Appearance for Defendant Follett Higher Education Group, Inc. by Craig Christopher Martin (Martin, Craig) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17003483. (Snyder, Richard) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17003461. (Ewalt, Andrew) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 27 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cengage Learning, Inc. (Hansen, Ian) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 33 MOTION of Defendants for Transfer of Actions to the District of Delaware Pursuant to 28 USC Section 1407 for Coordinated or Consolidated Pretrial Proceedings. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (td, ) Modified on 5/14/2020 (jlj, ). [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 26 ATTORNEY Appearance for Defendant Pearson Education, Inc. by Jennifer Quinn-barabanov (Quinn-barabanov, Jennifer) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 25 ATTORNEY Appearance for Defendant Pearson Education, Inc. by Michael R. Dockterman (Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 24 Letter to Judge Feinerman by Pearson Education, Inc. (Attachments: #1 Exhibit Letter, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit Motion, #18 Exhibit Breif in Support, #19 Exhibit Schedules, #20 Exhibit Oral Argument, #21 Exhibit Proof of Service)(Dockterman, Michael) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 23 ATTORNEY Appearance for Defendants Cengage Learning, Inc., McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC by Ian Macaulay Hansen (Hansen, Ian) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 22 ATTORNEY Appearance for Defendants Cengage Learning, Inc., McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC by Lynn Hagman Murray (Murray, Lynn) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 21 WAIVER OF SERVICE returned executed by Grace Kinskey, Elizabeth Kinskey. Pearson Education, Inc. waiver sent on 4/17/2020, answer due 6/16/2020. (Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 20 MINUTE entry before the Honorable Gary Feinerman:Pursuant to Paragraph 2.c of Third Amended General Order 20-0012, and absent further order of court, the schedule set forth in the 4/23/2020 order #18 shall stand. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
|
Filing 19
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) [Transferred from Illinois Northern on 8/12/2020.]
|
| Filing 18 MINUTE entry before the Honorable Gary Feinerman:Any party wishing to oppose Proposed Intervenor Barabas's motion to intervene #12 shall file an opposition by 5/13/2020; Proposed Intervenor Barabas shall reply by 5/27/2020. Any opposition should address not only the motion to intervene, but also the proposed motion to transfer. For the benefit of the parties, the court notes that Proposed Intervenor Barabas is wrong to suggest that Second Amended General Order 20-0012 extends the 6/16/2020 answer/motion deadline #7 #8 #9 #10 for the defendants that returned service waivers. Motion hearing set for 5/4/2020 #13 is stricken. The status hearing set for 6/22/2020 #14 is stricken and re-set for 6/2/2020 at 9:00 a.m. Proposed Intervenor Barabas shall send a copy of this order to counsel for Defendants. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 17 ATTORNEY Appearance for Intervenor Martha Barabas, on behalf of herself and all others similarly situated by John Daniel Radice (Radice, John) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 16 ATTORNEY Appearance for Intervenor Martha Barabas, on behalf of herself and all others similarly situated by Daniel Evan Rubenstein (Rubenstein, Daniel) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 15 ATTORNEY Appearance for Intervenor Martha Barabas, on behalf of herself and all others similarly situated by April Dawn Lambert (Lambert, April) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 14 MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 6/22/2020 at 9:00 a.m.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 13 NOTICE of Motion by Christopher Ray Hughes for presentment of motion to intervene, #12 before Honorable Gary Feinerman on 5/4/2020 at 09:00 AM. (Hughes, Christopher) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 12 MOTION by Intervenor Martha Barabas, on behalf of herself and all others similarly situated to intervene to file a motion to transfer (Attachments: #1 Supplement Memorandum in Support of Motion to Intervene, #2 Exhibit A, #3 Exhibit B)(Hughes, Christopher) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 11 ATTORNEY Appearance for Intervenor Martha Barabas, on behalf of herself and all others similarly situated by Christopher Ray Hughes (Hughes, Christopher) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 10 WAIVER OF SERVICE returned executed by Grace Kinskey, Elizabeth Kinskey. Cengage Learning, Inc. waiver sent on 4/17/2020, answer due 6/16/2020. (Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 9 WAIVER OF SERVICE returned executed by Grace Kinskey, Elizabeth Kinskey. Barnes & Noble College Booksellers, LLC waiver sent on 4/17/2020, answer due 6/16/2020. (Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 8 WAIVER OF SERVICE returned executed by Grace Kinskey, Elizabeth Kinskey. Follett Higher Education Group, Inc. waiver sent on 4/17/2020, answer due 6/16/2020. (Ellenberger, Lynn) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 7 WAIVER OF SERVICE returned executed by Grace Kinskey, Elizabeth Kinskey. McGraw-Hill LLC waiver sent on 4/17/2020, answer due 6/16/2020. (Ellenberger, Lynn) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jh, ) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 4 ATTORNEY Appearance for Plaintiffs Elizabeth Kinskey, Grace Kinskey by Lynn A. Ellenberger (Ellenberger, Lynn) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 3 ATTORNEY Appearance for Plaintiffs Elizabeth Kinskey, Grace Kinskey by Elizabeth A. Fegan (Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 2 CIVIL Cover Sheet (Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| Filing 1 COMPLAINT filed by Grace Kinskey, Elizabeth Kinskey; Jury Demand. Filing fee $ 400, receipt number 0752-16933186.(Fegan, Elizabeth) [Transferred from Illinois Northern on 8/12/2020.] |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (rc, ) [Transferred from Illinois Northern on 8/12/2020.] |
| SUMMONS Issued as to Defendants Barnes & Noble College Booksellers, LLC, Cengage Learning, Inc., Follett Higher Education Group, Inc., McGraw-Hill Glogal Education Holdings, LLC, McGraw-Hill LLC, and Pearson Education, Inc. (acm, ) [Transferred from Illinois Northern on 8/12/2020.] |
|
Filing 5
ORDER: Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice (rc, ) [Transferred from Illinois Northern on 8/12/2020.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
