Pelletier v. Pearson Education, Inc. et al
Plaintiff: Joan Padden, M. Samantha Pak and Alexandra Pelletier
Defendant: Barnes & Noble College Booksellers L.L.C., McGraw-Hill Global Education Holdings LLC, Barnes & Noble Education, Inc., Pearson Education Inc., Cengage Learning Inc., Educational Publishers Enforcement Group and Follett Higher Education Group
Case Number: 1:2020cv06848
Filed: August 25, 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: 15:1
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2020 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Craig S. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21942575. Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Heidi M. Silton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21941873. Motion and supporting papers to be reviewed by Clerk's Office staff., #19 MOTION for Jessica N. Servais to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21942520. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order; Please put the case number on all documents. (20cv6848);. 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.. (wb)
October 1, 2020 Filing 20 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 19 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 18 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 17 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 16 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 15 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 14 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 13 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 25, 2020 Opinion or Order Filing 12 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)
August 25, 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 25, 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 25, 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 25, 2020 Case Designated ECF. (sjo)
August 25, 2020 CONSOLIDATED MDL CASE: Create association to 1:20-md-02946-DLC. (sjo)
August 25, 2020 CASE ACCEPTED AS RELATED. Create association to 1:20-md-02946-DLC. (sjo)
August 25, 2020 Filing 11 MDL TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:20-cv-09315. Original file certified copy of transfer order and docket entries received. (sjo)
August 25, 2020 Opinion or Order Filing 10 Order of MDL Panel (CTO-1) transferring case to the USDC for the SDNY. (dm ) [Transferred from New Jersey on 8/25/2020.]
July 30, 2020 Opinion or Order Filing 9 ORDER granting Defendants' Motion to Stay. All actions, proceedings, motions, or any other process in Pelletier v. Pearson Education, Inc., No. 3:20-cv-09315-FLW-TJB is hereby stayed pending a decision ofthe JPML and further Order of this Court. Signed by Chief Judge Freda L. Wolfson on 7/30/2020. (jmh) [Transferred from New Jersey on 8/25/2020.]
July 28, 2020 Filing 8 WAIVER OF SERVICE Returned Executed by JOAN PADDEN, ALEXANDRA PELLETIER, M. SAMANTHA PAK. BARNES & NOBLE COLLEGE BOOKSELLERS, LLC waiver sent on 7/27/2020, answer due 9/25/2020; BARNES & NOBLE EDUCATION, INC. waiver sent on 7/27/2020, answer due 9/25/2020. (VERRIER, KEITH) [Transferred from New Jersey on 8/25/2020.]
July 28, 2020 Filing 7 WAIVER OF SERVICE Returned Executed by JOAN PADDEN, ALEXANDRA PELLETIER, M. SAMANTHA PAK. CENGAGE LEARNING, INC. waiver sent on 7/27/2020, answer due 9/25/2020. (VERRIER, KEITH) [Transferred from New Jersey on 8/25/2020.]
July 28, 2020 Filing 6 WAIVER OF SERVICE Returned Executed by JOAN PADDEN, ALEXANDRA PELLETIER, M. SAMANTHA PAK. FOLLETT HIGHER EDUCATION GROUP waiver sent on 7/27/2020, answer due 9/25/2020. (VERRIER, KEITH) [Transferred from New Jersey on 8/25/2020.]
July 28, 2020 Filing 5 WAIVER OF SERVICE Returned Executed by JOAN PADDEN, ALEXANDRA PELLETIER, M. SAMANTHA PAK. PEARSON EDUCATION, INC. waiver sent on 7/27/2020, answer due 9/25/2020. (VERRIER, KEITH) [Transferred from New Jersey on 8/25/2020.]
July 24, 2020 Filing 4 Letter from Stephanie D. Edelson, Esq.. (Edelson, Stephanie) [Transferred from New Jersey on 8/25/2020.]
July 24, 2020 Filing 3 NOTICE of Appearance by Stephanie D. Edelson on behalf of Cengage Learing, Inc. (Attachments: #1 Certificate of Service)(Edelson, Stephanie) [Transferred from New Jersey on 8/25/2020.]
July 23, 2020 Filing 2 SUMMONS ISSUED as to BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, BARNES & NOBLE EDUCATION, INC., Cengage Learing, Inc., EDUCATIONAL PUBLISHERS ENFORCEMENT GROUP, FOLLETT HIGHER EDUCATION GROUP, MCGRAW-HILL GLOBAL EDUCATION HOLDINGS, 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.]
July 23, 2020 Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (abr, ) [Transferred from New Jersey on 8/25/2020.]
July 23, 2020 Filing 1 COMPLAINT against BARNES & NOBLE COLLEGE BOOKSELLERS, LLC, BARNES & NOBLE EDUCATION, INC., Cengage Learing, Inc., EDUCATIONAL PUBLISHERS ENFORCEMENT GROUP, FOLLETT HIGHER EDUCATION GROUP, MCGRAW-HILL GLOBAL EDUCATION HOLDINGS, LLC, PEARSON EDUCATION, INC. ( Filing and Admin fee $ 400 receipt number ANJDC-11111293) with JURY DEMAND, filed by ALEXANDRA PELLETIER, JOAN PADDEN, M. SAMANTHA PAK. (Attachments: #1 Civil Cover Sheet)(VERRIER, KEITH) [Transferred from New Jersey on 8/25/2020.]

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Plaintiff: Joan Padden
Represented By: Keith J. Verrier
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Plaintiff: M. Samantha Pak
Represented By: Keith J. Verrier
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Plaintiff: Alexandra Pelletier
Represented By: Keith J. Verrier
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Defendant: Barnes & Noble College Booksellers L.L.C.
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Defendant: McGraw-Hill Global Education Holdings LLC
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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: Educational Publishers Enforcement Group
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Defendant: Follett Higher Education Group
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