Aliperto v. Barnes & Noble College Booksellers, LLC et al
| TYLER ALIPERTO |
| 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 |
| 1:2020cv06840 |
| August 25, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L Cote |
| Anti-Trust |
| 15 U.S.C. § 2 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 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 28
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.
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| Filing 27 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 26 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 25 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 24 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 23 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 22 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 21 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). |
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Filing 20
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)
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| 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) |
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Filing 19
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)
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Filing 18
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)
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Filing 17
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)
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Filing 16
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)
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Filing 15
ORDER: These actions having been transferred to this Court as part of the In Re: Inclusive Access Course Materials Antitrust Litigation, 20md2946 MDL, 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 set a schedule for consolidated class actions. (Motions due by 8/28/2020. Responses due by 9/1/2020) (Signed by Judge Denise L. Cote on 8/25/2020) Filed In Associated Cases: 1:20-md-02946-DLC et al. (jwh)
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| Filing 14 MDL TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:20-cv-06145. Original file certified copy of transfer order and docket entries received. (sjo) |
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Filing 13
Order of MDL Panel (CTO-1) transferring case to the USDC for the SDNY. (dm ) [Transferred from New Jersey on 8/25/2020.]
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| 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) |
| 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 Designated ECF. (sjo) |
| CONSOLIDATED MDL CASE: Create association to 1:20-md-02946-DLC. (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 12 Application for Refund of Fees (finance notified).. (Attachments: #1 Payment receipt)(KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| Filing 11 Application for Refund of Fees from Stanley O. King, Esq. (finance notified).. (KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the #11 Application of Fees filed by Stanley King on 06/25/2020 contains an improper attachment. Please draft a letter requesting the refund along with an attachment that includes the proper transactions. (jmh) [Transferred from New Jersey on 8/25/2020.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by TYLER ALIPERTO. MCGRAW HILL, LLC waiver sent on 5/21/2020, answer due 7/20/2020. (KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by TYLER ALIPERTO. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC waiver sent on 5/21/2020, answer due 7/20/2020; BARNES & NOBLE EDUCATION, INC. waiver sent on 5/21/2020, answer due 7/20/2020. (KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by TYLER ALIPERTO. PEARSON EDUCATION, INC. waiver sent on 5/21/2020, answer due 7/20/2020. (KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| Filing 7 WAIVER OF SERVICE Returned Executed by TYLER ALIPERTO. CENGAGE LEARNING, INC. waiver sent on 5/21/2020, answer due 7/20/2020. (KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by TYLER ALIPERTO. FOLLETT HIGHER EDUCATION GROUP waiver sent on 5/21/2020, answer due 7/20/2020. (KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
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Filing 5
ORDER that Defendants' motion for a Stay is Granted. All actions, proceedings, motions, or any other process in any of the New Inclusive Access Cases is stayed pending a decision of the JPML and further Order of this Court. Signed by Chief Judge Freda L. Wolfson on 05/26/2020. (jmh) [Transferred from New Jersey on 8/25/2020.]
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| Filing 4 Letter from Stephanie D. Edelson, Esq.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Edelson, Stephanie) [Transferred from New Jersey on 8/25/2020.] |
| Filing 3 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 8/25/2020.] |
| Filing 2 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. (abr) [Transferred from New Jersey on 8/25/2020.] |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 400 receipt number ANJDC-10837235) with JURY DEMAND, filed by TYLER ALIPERTO. (Attachments: #1 Civil Cover Sheet)(KING, STANLEY) [Transferred from New Jersey on 8/25/2020.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS button. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) [Transferred from New Jersey on 8/25/2020.] |
| Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (abr) [Transferred from New Jersey on 8/25/2020.] |
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