In Re: Inclusive Access Course Materials Antitrust Litigation
| Alexandra Uchenik, Austin Warman, Bruce Puleo, Mohammad Khalid, Campus Book Company, Inc., CBSKY, Inc., CBSNM, Inc., Grace Kinskey, Jerry Gordon, Elizabeth Kinskey, Kaitlyn Belen, Renttext.com, Inc., BJJ Corporation, Cliff Urban, Kira Cloonan, Donovan Mcgee and Julio Lopez |
| McGraw Hill, LLC, Barnes & Noble College Booksellers L.L.C., McGraw-Hill Global Education Holdings LLC, Cengage Learning, Inc., Eric Pica, McGraw-Hill Global Education Holdings, LLC, Barnes & Noble Education, Inc., Pearson Education, Inc., Follett Higher Education Group and Educational Publishers Enforcement Group |
| Martha Barabas |
| Alexandra Pelletier, M. Samantha Pak and Joan Padden |
| 1:2020md02946 |
| August 11, 2020 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Anti-Trust |
| 15 U.S.C. § 1 |
| None |
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 129 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 128 CLERK'S JUDGMENT re: (83 in 1:20-cv-06339-DLC, 126 in 1:20-md-02946-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 Global Education Holdings LLC, Pearson Education Inc., Pearson Education, Inc., Eric Pica against BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc., Alexandra Uchenik, Bruce Puleo, Donovan Mcgee, Elizabeth Kinskey, Grace Kinskey, Jerry Gordon, Julio Lopez, Kaitlyn Belen, Kira Cloonan, Martha Barabas, Mohammad Khalid. 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 motions to dismiss are 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, 1:20-cv-06339-DLC (dt) |
| Terminate Transcript Deadlines (dt) |
Filing 127
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 126
OPINION AND ORDER re: (87 in 1:20-md-02946-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group. filed by McGraw Hill, LLC, Cengage Learning, Inc., Pearson Education, Inc., McGraw-Hill Global Education Holdings LLC, (78 in 1:20-cv-06339-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group. filed by Pearson Education Inc., Cengage Learning Inc., McGraw-Hill Global Education Holdings LLC, (93 in 1:20-md-02946-DLC) MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. filed by Follett Higher Education Group, McGraw Hill, LLC, Barnes & Noble College Booksellers L.L.C., Cengage Learning, Inc., Barnes & Noble Education, Inc., Pearson Education, Inc., (90 in 1:20-md-02946-DLC) MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. filed by Follett Higher Education Group, McGraw Hill, LLC, Barnes & Noble College Booksellers L.L.C., Cengage Learning, Inc., Barnes & Noble Education, Inc., Pearson Education, Inc.. The Defendants' January 22, 2021 motions to dismiss are 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, 1:20-cv-06339-DLC (nb) Transmission to Orders and Judgments Clerk for processing.
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| Filing 125 NOTICE OF APPEARANCE by Zachary Brian Schreiber on behalf of Pearson Education, Inc...(Schreiber, Zachary) |
| Filing 124 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 123 DECLARATION of Michael Dockterman in Support re: #90 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint.. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit A).(Quinn-Barabanov, Jennifer) |
| Filing 122 REPLY MEMORANDUM OF LAW in Support re: #90 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. . Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Quinn-Barabanov, Jennifer) |
| Filing 121 REPLY MEMORANDUM OF LAW in Support re: (87 in 1:20-md-02946-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group., (78 in 1:20-cv-06339-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group. . Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc., Cengage Learning Inc., Pearson Education Inc.. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Shapiro, Saul) |
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Filing 120
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting #116 MOTION for Christopher Ray Hughes to Withdraw as Attorney. The motion of Ray Hughes to withdraw as counsel for intervenor Martha Barabas is hereby GRANTED. This Court hereby ORDERS that Ray Hughes at The Hughes Firm, LLC is withdrawn as counsel of record for intervenor Martha Barabas. Furthermore, formal service upon intervenor Martha Barabas of the motion to withdraw is excused as she remains represented by John D. Radice at Radice Law Firm, P.C. SO ORDERED. Attorney Chrisopher Ray Hughes and Christopher Ray Hughes terminated. (Signed by Judge Denise L. Cote on 2/25/2021) (jca)
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| Filing 119 RESPONSE in Opposition to Motion re: #93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. . Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc...(Steckler, Bruce) |
| Filing 118 RESPONSE in Opposition to Motion re: #87 MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group. . Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc.. (Attachments: #1 Declaration of Bruce W. Steckler, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D).(Steckler, Bruce) |
| Filing 117 RESPONSE in Opposition to Motion re: (90 in 1:20-md-02946-DLC) MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. . Document filed by Martha Barabas, Kira Cloonan, Julio Lopez, Cliff Urban, Martha Barabas. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Fernandez-Silber, Natasha) |
| Filing 116 MOTION for Christopher Ray Hughes to Withdraw as Attorney . Document filed by Martha Barabas..(Hughes, Chrisopher) |
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Filing 115
ORDER granting #108 Motion for Rochella T. Davis to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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Filing 114
ORDER granting #113 Motion for Hannah Schwarzschild to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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| Filing 113 MOTION for Hannah Schwarzschild to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23974632. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas, Kira Cloonan, Julio Lopez, Cliff Urban. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Schwarzchild, Hannah) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #113 MOTION for Hannah Schwarzschild to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23974632. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 112
ORDER: granting #109 Letter Motion for Extension of Time to File Response/Reply re #109 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #87 MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group., #93 MOTION to Dismiss / NOTICE OF. Granted. Responses due by 2/23/2021 Replies due by 3/9/2021. (Signed by Judge Denise L. Cote on 2/16/2021) (ama)
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Filing 111
ORDER: granting (110) Letter Motion for Extension of Time to File Response/Reply re (110 in 1:20-md-02946-DLC) LETTER MOTION for Extension of Time to File Response/Reply as to (90 in 1:20-md-02946-DLC) MOTION to Dismiss Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. Granted. ( Responses due by 2/23/2021, Replies due by 3/9/2021.) in case 1:20-md-02946-DLC. (Signed by Judge Denise L. Cote on 2/16/2021) Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC (ama)
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| Filing 110 LETTER MOTION for Extension of Time to File Response/Reply as to (90 in 1:20-md-02946-DLC) MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. addressed to Judge Denise L. Cote from Natasha J. Fernandez-Silber dated 02/16/2021. Document filed by Martha Barabas, Kira Cloonan, Julio Lopez, Cliff Urban, Martha Barabas.Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Fernandez-Silber, Natasha) |
| Filing 109 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #87 MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group., #93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. addressed to Judge Denise L. Cote from Bruce Steckler dated 02/15/2021. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc...(Steckler, Bruce) |
| Filing 108 MOTION for Rochella T. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23887066. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas, Kira Cloonan, Julio Lopez, Cliff Urban. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Certificate of Good Standing, #4 Text of Proposed Order).(Davis, Rochella) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #108 MOTION for Rochella T. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23887066. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
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Filing 107
ORDER granting #72 Motion for Michael Dockterman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 106
ORDER granting #62 Motion for Adam J. Di Vincenzo to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 105
ORDER granting #56 Motion for Rachel S. Brass to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 104
ORDER granting #102 Motion for Lauren G. Barnes to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 103
ORDER granting #101 Motion for Thomas M. Sobol to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 102 AMENDED MOTION for Lauren G. Barnes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas, Kira Cloonan, Julio Lopez, Cliff Urban. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Barnes, Lauren) |
| Filing 101 AMENDED MOTION for Thomas M. Sobol to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas, Kira Cloonan, Julio Lopez, Cliff Urban. (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Sobol, Thomas) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #102 AMENDED MOTION for Lauren G. Barnes to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #101 AMENDED MOTION for Thomas M. Sobol to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
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Filing 100
ORDER granting (94) LETTER MOTION to Seal Documents and Materials pertaining to the Retail Plaintiffs' Motion to Dismiss the Second Amended Class Action Complaint in case 1:20-md-02946-DLC. Granted. (Signed by Judge Denise L. Cote on 1/25/2021) Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC (jca)
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| Filing 99 LETTER MOTION for Oral Argument addressed to Judge Denise L. Cote from Jennifer Quinn-Barabanov dated 1/22/2021. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Quinn-Barabanov, Jennifer) |
| Filing 98 ***SELECTED PARTIES***DECLARATION of RACHEL S. BRASS in Support re: #93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT.. Document filed by Follett Higher Education Group, Cengage Learning, Inc., Barnes & Noble Education, Inc., Pearson Education, Inc., McGraw Hill, LLC, Barnes & Noble College Booksellers L.L.C., BJJ Corporation, Martha Barabas, Martha Barabas, Kaitlyn Belen, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Kira Cloonan, Educational Publishers Enforcement Group, Jerry Gordon, Mohammad Khalid, Elizabeth Kinskey, Grace Kinskey, Julio Lopez, McGraw-Hill Global Education Holdings LLC, Donovan Mcgee, Joan Padden, M. Samantha Pak, Alexandra Pelletier, Eric Pica, Bruce Puleo, Renttext.com, Inc., Alexandra Uchenik, Cliff Urban, Austin Warman. (Attachments: #1 Exhibit A - Agreement between Follett Higher Education Group, Inc. and TN Board of Regents, #2 Exhibit B - Agreement between E. Kentucky University and Barnes & Noble College Booksellers, LLC, #3 Exhibit C - Second Amendment to Agreement between TN Board of Regents and Follett Higher Education Group, Inc., #4 Exhibit D - Agreement between NW Arkansas Community College and Barnes & Noble College Booksellers, LLC, #5 Exhibit E - Redline Comparison to Retailer Plaintiffs First Amended Class Action Complaint #49 with Retailer plaintiffs Second Amended Class Action Complaint #79 )Motion or Order to File Under Seal: #94 .(Brass, Rachel) |
| Filing 97 DECLARATION of RACHEL S. BRASS in Support re: #93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT.. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit A - Agreement between Follett Higher Education Group, Inc. and TN Board of Regents, #2 Exhibit B - Agreement between E. Kentucky University and Barnes & Noble College Booksellers, LLC, #3 Exhibit C - Second Amendment to Agreement between TN Board of Regents and Follett Higher Education Group, Inc., #4 Exhibit D - Agreement between NW Arkansas Community College and Barnes & Noble College Booksellers, LLC, #5 Exhibit E - Redline Comparison to Retailer Plaintiffs First Amended Class Action Complaint #49 with Retailer plaintiffs Second Amended Class Action Complaint #79 ).(Brass, Rachel) |
| Filing 96 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. SEALED. Document filed by Follett Higher Education Group, Cengage Learning, Inc., Barnes & Noble Education, Inc., Pearson Education, Inc., McGraw Hill, LLC, Barnes & Noble College Booksellers L.L.C., BJJ Corporation, Martha Barabas, Martha Barabas, Kaitlyn Belen, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Kira Cloonan, Educational Publishers Enforcement Group, Jerry Gordon, Mohammad Khalid, Elizabeth Kinskey, Grace Kinskey, Julio Lopez, McGraw-Hill Global Education Holdings LLC, Donovan Mcgee, Joan Padden, M. Samantha Pak, Alexandra Pelletier, Eric Pica, Bruce Puleo, Renttext.com, Inc., Alexandra Uchenik, Cliff Urban, Austin Warman. Motion or Order to File Under Seal: #94 .(Brass, Rachel) |
| Filing 95 MEMORANDUM OF LAW in Support re: #93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. REDACTED. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Brass, Rachel) |
| Filing 94 LETTER MOTION to Seal Documents and Materials pertaining to the Retail Plaintiffs' Motion to Dismiss the Second Amended Class Action Complaint addressed to Judge Denise L. Cote from Rachel S. Brass dated January 22, 2021. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Brass, Rachel) |
| Filing 93 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE RETAILER PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Brass, Rachel) |
| Filing 92 DECLARATION of Jennifer Quinn-Barabanov in Support re: #90 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint.. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Quinn-Barabanov, Jennifer) |
| Filing 91 MEMORANDUM OF LAW in Support re: #90 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. . Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Quinn-Barabanov, Jennifer) |
| Filing 90 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Second Consolidated Amended Class Action Complaint. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc...(Quinn-Barabanov, Jennifer) |
| Filing 89 DECLARATION of Suzanne L. Telsey in Support re: (87 in 1:20-md-02946-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group., (78 in 1:20-cv-06339-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group.. Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc., Cengage Learning Inc., Pearson Education Inc.. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Shapiro, Saul) |
| Filing 88 MEMORANDUM OF LAW in Support re: (87 in 1:20-md-02946-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group., (78 in 1:20-cv-06339-DLC) MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group. . Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc., Cengage Learning Inc., Pearson Education Inc.. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Shapiro, Saul) |
| Filing 87 MOTION to Dismiss Retailer Plaintiffs' Second Amended Complaint Against Educational Publishers Enforcement Group. Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc...(Shapiro, Saul) |
| Filing 86 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Service was accepted by Lauren Shipley, authorized agent of CSC-Lawyers Incorporating Service Company. Document filed by Campus Book Company, Inc., BJJ Corporation, Renttext.com, Inc., CBSKY, Inc., CBSNM, Inc...(Steckler, Bruce) |
| Filing 85 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Educational Publishers Enforcement Group served on 12/29/2020, answer due 1/19/2021. Service was accepted by Bonnie Love, authorized representative of registered agent CT Corporation System. Document filed by Campus Book Company, Inc.; BJJ Corporation; Renttext.com, Inc.; CBSKY, Inc.; CBSNM, Inc...(Steckler, Bruce) |
| Filing 84 ELECTRONIC SUMMONS ISSUED as to Educational Publishers Enforcement Group..(pc) |
| Filing 83 ELECTRONIC SUMMONS ISSUED as to Educational Publishers Enforcement Group..(pc) |
| Filing 82 REQUEST FOR ISSUANCE OF SUMMONS as to Education Publishers Enforcement Group c/o EBI MAP-WORKS, LLC (Process Name: Macmillan Learning), re: #79 Amended Complaint,. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc...(Steckler, Bruce) |
| Filing 81 REQUEST FOR ISSUANCE OF SUMMONS as to Educational Publishers Enforcement Group c/o Elsevier STM, Inc., re: #79 Amended Complaint,. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc...(Steckler, Bruce) |
| Filing 80 SECOND AMENDED COMPLAINT amending #50 Amended Complaint, against Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc..Document filed by Cliff Urban, Julio Lopez, Martha Barabas, Kira Cloonan. Related document: #50 Amended Complaint,..(Fernandez-Silber, Natasha) |
| Filing 79 SECOND AMENDED COMPLAINT amending #49 Amended Complaint, against Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Educational Publishers Enforcement Group, Follett Higher Education Group, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc. with JURY DEMAND.Document filed by Campus Book Company, Inc., BJJ Corporation, Renttext.com, Inc., CBSKY, Inc., CBSNM, Inc.. Related document: #49 Amended Complaint,..(Steckler, Bruce) |
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Filing 78
ORDER re: (41 in 1:20-cv-06314-DLC, 57 in 1:20-md-02946-DLC) Letter: Accordingly, it is hereby ORDERED that the named plaintiffs in the Student Purchaser Plaintiffs action shall identify to defendants the universities they attended at the times relevant to their claims and the dates on which they purchased the materials at issue, or their best estimates of those dates. IT IS FURTHER ORDERED that, if following receipt of that information the defendants contend that one or more of the named plaintiffs must arbitrate their claims, the parties shall discuss what discovery is necessary to bring and address any motion to compel arbitration. (Signed by Judge Denise L. Cote on 12/11/2020) Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC (jwh)
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| Filing 77 MEMO ENDORSEMENT on re: (74 in 1:20-md-02946-DLC, 76 in 1:20-cv-06339-DLC) Letter, filed by Renttext.com, Inc., CBSKY, Inc., Campus Book Company, Inc., CBSNM, Inc., BJJ Corporation. ENDORSEMENT: Granted. ( Amended Pleadings due by 12/18/2020.) (Signed by Judge Denise L. Cote on 12/11/2020) Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC (mro) |
| Filing 76 MEMO ENDORSEMENT on re: (75 in 1:20-md-02946-DLC, 46 in 1:20-cv-06314-DLC) Letter, filed by Cliff Urban, Julio Lopez, Martha Barabas. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/11/2020) Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC (mro) |
| Filing 75 LETTER addressed to Judge Denise L. Cote from Natasha J. Fernandez-Silber dated 12/10/2020 re: Student Purchaser Plaintiffs' intent to further amend their Consolidated Amended Complaint in response to Defendants' motion to dismiss. Document filed by Martha Barabas, Julio Lopez, Cliff Urban, Martha Barabas.Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Fernandez-Silber, Natasha) |
| Filing 74 LETTER addressed to Judge Denise L. Cote from Bruce W. Steckler and Nicole Williams dated 12/10/2020 re: Independent Collegiate Retailer Plaintiffs' intent to further amend their complaint in response to Defendants' Motions to Dismiss. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc..Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Steckler, Bruce) |
| Filing 73 NOTICE of Of Firm Name Change. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc.. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Steckler, Bruce) |
| Filing 72 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (22 in 1:20-cv-06848-DLC) MOTION for Adam J. Di Vincenzo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22888216. Motion and supporting papers to be reviewed by Clerk's Office staff., (23 in 1:20-cv-06848-DLC) MOTION for Michael Dockterman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22944392. 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, 1:20-cv-06848-DLC(bcu) |
| Filing 71 LETTER addressed to Judge Denise L. Cote from Natasha J. Fernandez-Silber dated December 7, 2020 re: Response to Defendants' December 2, 2020 letter (ECF No. 57) requesting that the Court direct Student Purchaser Plaintiffs to provide a more definite statement pursuant to Rule 12(e). Document filed by Martha Barabas, Julio Lopez, Cliff Urban.Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Fernandez-Silber, Natasha) |
| Filing 70 LETTER MOTION for Oral Argument addressed to Judge Denise L. Cote from Andrew J. Ewalt dated December 4, 2020. Document filed by Cengage Learning, Inc...(Ewalt, Andrew) |
| Filing 69 DECLARATION of Andrew J. Ewalt in Support re: #67 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Consolidated Amended Class Action Complaint.. Document filed by Cengage Learning, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ewalt, Andrew) |
| Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Consolidated Amended Class Action Complaint. . Document filed by Cengage Learning, Inc...(Ewalt, Andrew) |
| Filing 67 MOTION to Dismiss / Defendants' Notice of Motion to Dismiss Student Plaintiffs' Consolidated Amended Class Action Complaint. Document filed by Cengage Learning, Inc...(Ewalt, Andrew) |
| Filing 66 DECLARATION of RACHEL S. BRASS in Support re: #64 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE PLAINTIFF RETAILERS' FIRST AMENDED CLASS ACTION COMPLAINT.. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc.. (Attachments: #1 Exhibit A - Contract, #2 Exhibit B - Agreement, #3 Exhibit C - Amendment).(Brass, Rachel) |
| Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE PLAINTIFF RETAILERS' FIRST AMENDED CLASS ACTION COMPLAINT. . Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc...(Brass, Rachel) |
| Filing 64 MOTION to Dismiss / NOTICE OF MOTION TO DISMISS THE PLAINTIFF RETAILERS' FIRST AMENDED CLASS ACTION COMPLAINT. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc...(Brass, Rachel) |
| Filing 63 NOTICE OF APPEARANCE by Lauren Kaplin on behalf of Cengage Learning, Inc...(Kaplin, Lauren) |
| Filing 62 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 61 MEMORANDUM OF LAW in Support re: (70 in 1:20-cv-06339-DLC) MOTION to Dismiss ., (59 in 1:20-md-02946-DLC) MOTION to Dismiss . . Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc., Cengage Learning Inc., Pearson Education Inc.. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Shapiro, Saul) |
| Filing 60 DECLARATION of Suzanne L. Telsey in Support re: (70 in 1:20-cv-06339-DLC) MOTION to Dismiss ., (59 in 1:20-md-02946-DLC) MOTION to Dismiss .. Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc., Cengage Learning Inc., Pearson Education Inc.. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06339-DLC.(Shapiro, Saul) |
| Filing 59 MOTION to Dismiss . Document filed by Cengage Learning, Inc., McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc...(Shapiro, Saul) |
| Filing 58 MEMO ENDORSEMENT on re: (41 in 1:20-cv-06314-DLC, 57 in 1:20-md-02946-DLC) Letter, filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc. ENDORSEMENT: The plaintiffs shall respond to this letter by Tuesday, December 8, 2020. (Signed by Judge Denise L. Cote on 12/3/2020) (jca) |
| Filing 57 LETTER addressed to Judge Denise L. Cote from Rachel S. Brass dated December 2, 2020 re: request for a more definite statement. Document filed by Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc..Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Brass, Rachel) |
| Filing 56 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) |
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Filing 55
ORDER granting #54 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Denise L. Cote on 11/17/2020) (jca)
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| Filing 54 LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Saul B. Shapiro on behalf of Defendants dated November 16, 2020. Document filed by McGraw Hill, LLC..(Shapiro, Saul) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/3/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 52 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/3/2020 before Judge Denise L. Cote. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/10/2020. Redacted Transcript Deadline set for 11/20/2020. Release of Transcript Restriction set for 1/18/2021..(McGuirk, Kelly) |
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Filing 51
ORDER granting #48 Motion for Dianne M. Nast to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 50 AMENDED COMPLAINT against Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc..Document filed by Martha Barabas, Cliff Urban, Julio Lopez. (Fernandez-Silber, Natasha) Modified on 10/19/2020 (gp). |
| Filing 49 FIRST AMENDED COMPLAINT against Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Educational Publishers Enforcement Group, Follett Higher Education Group, McGraw Hill, LLC, McGraw-Hill Global Education Holdings LLC, Pearson Education, Inc. with JURY DEMAND.Document filed by Campus Book Company, Inc., BJJ Corporation, Renttext.com, Inc., CBSKY, Inc., CBSNM, Inc...(Steckler, Bruce) |
| Filing 48 AMENDED MOTION for Dianne M. Nast to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donovan Mcgee. (Attachments: #1 Affidavit, #2 Exhibit - PA Certificate of Good Standing, #3 Exhibit - NJ Certificate of Good Standing, #4 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Nast, Dianne) |
| Filing 47 NOTICE OF APPEARANCE by Rishi Raithatha on behalf of Martha Barabas, Martha Barabas. Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC.(Raithatha, Rishi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (48 in 1:20-md-02946-DLC, 39 in 1:20-cv-06314-DLC) AMENDED MOTION for Dianne M. Nast to Appear Pro Hac Vice . 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, 1:20-cv-06314-DLC(wb) |
| Filing 46 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - MOTION for Dianne M. Nast to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-22132883. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donovan Mcgee. (Attachments: #1 Affidavit, #2 Exhibit PA Certificate of Good Standing, #3 Exhibit NJ Certificate of Good Standing, #4 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02946-DLC, 1:20-cv-06314-DLC, 1:20-cv-06845-DLC.(Nast, Dianne) Modified on 10/14/2020 (wb). |
| Filing 45 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 against the defendant(s) Barnes & Noble College Booksellers L.L.C., Barnes & Noble Education, Inc., Cengage Learning, Inc., Follett Higher Education Group, McGraw Hill, LLC, Pearson Education, Inc., Cengage Learning Inc., McGraw Hill LLC, Pearson Education Inc.. Document filed by Austin Warman, Austin Warman. 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-06331-DLC.(Radice, John) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #45 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 and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 44 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 43 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 42 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 41 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) |
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Filing 40
ORDER granting #39 Motion for April Dawn Lambert to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| ***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) |
| Filing 39 MOTION for April Dawn Lambert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21778671. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas. (Attachments: #1 Affidavit Declaration in Support of Motion for Pro Hac Vice Admission, #2 Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Lambert, April) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for April Dawn Lambert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21778671. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 38
ORDER granting #35 Motion for Abbye Klamann Ognibene to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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Filing 37
ORDER granting #34 Motion for Steve W. Berman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 36 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) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #36 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 and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 35 MOTION for Abbye Klamann Ognibene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21733409. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas. (Attachments: #1 Exhibit A - Affidavit of Abbye Klamann Ognibene, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Ognibene, Abbye) |
| Filing 34 MOTION for Steve W. Berman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21730456. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas. (Attachments: #1 Exhibit A - Affidavit of Steve W. Berman, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Berman, Steve) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Steve W. Berman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21730456. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Abbye Klamann Ognibene to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21733409. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) |
| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas M. Sobol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21712716. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas. (Attachments: #1 Exhibit A - Affidavit of Thomas Sobol, #2 Exhibit B - Certificate of Good Standing).(Sobol, Thomas) Modified on 9/17/2020 (aea). |
| Filing 32 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lauren G. Barnes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21712601. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Martha Barabas. (Attachments: #1 Exhibit A - Affidavit of Lauren Barnes, #2 Exhibit B - Certificate of Good Standing).(Barnes, Lauren) Modified on 9/17/2020 (aea). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #32 MOTION for Lauren G. Barnes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21712601. Motion and supporting papers to be reviewed by Clerk's Office staff., #33 MOTION for Thomas M. Sobol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21712716. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Massachusetts - Supreme Judicial Court - 410-260-1500; missing Proposed Order. Re-file the motion as a 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.. (aea) |
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Filing 31
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) |
| Filing 30 RESPONSE to Motion re: #15 MOTION to Appoint Counsel Motion to Appoint the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as Interim Co-Lead Counsel., #18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP, Fegan Scott LLC and Spector Roseman & Kodroff, P.C. as Co-Lead Counsel for the Student Purchaser Class. . Document filed by Joan Padden, M. Samantha Pak, Alexandra Pelletier..(Verrier, Keith) |
| Filing 29 NOTICE OF APPEARANCE by Elana Katcher on behalf of Alexandra Uchenik..(Katcher, Elana) |
| Filing 28 DECLARATION of Robert N. Kaplan in Opposition re: #20 MOTION to Appoint Counsel Motion to Appoint Levin Sedran & Berman LLP as Interim Co-Lead Counsel for the Student Purchaser Class., #15 MOTION to Appoint Counsel Motion to Appoint the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as Interim Co-Lead Counsel.. Document filed by Alexandra Uchenik. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kaplan, Robert) |
| Filing 27 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Appoint Counsel Motion to Appoint the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as Interim Co-Lead Counsel., #20 MOTION to Appoint Counsel Motion to Appoint Levin Sedran & Berman LLP as Interim Co-Lead Counsel for the Student Purchaser Class. . Document filed by Alexandra Uchenik..(Kaplan, Robert) |
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Filing 26
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 25 RESPONSE to Motion re: #18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP, Fegan Scott LLC and Spector Roseman & Kodroff, P.C. as Co-Lead Counsel for the Student Purchaser Class., #20 MOTION to Appoint Counsel Motion to Appoint Levin Sedran & Berman LLP as Interim Co-Lead Counsel for the Student Purchaser Class. The Radice/HBSS Team's Response to the Opposing Applications for Appointment as Interim Lead Counsel. Document filed by Martha Barabas..(Fernandez-Silber, Natasha) |
| Filing 24 DECLARATION of John D. Radice in Support re: #15 MOTION to Appoint Counsel Motion to Appoint the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as Interim Co-Lead Counsel.. Document filed by Martha Barabas..(Radice, John) |
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Filing 23
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 22
ORDER granting #21 Motion for Stuart Lee Cochran to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr)
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| Filing 21 MOTION for Stuart Lee Cochran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21403692. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc.. (Attachments: #1 Exhibit A - Affidavit In Support of Motion for Admission Pro Hac Vice, #2 Exhibit B- Certificates of Good Standing, #3 Text of Proposed Order).(Cochran, Stuart) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Stuart Lee Cochran to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21403692. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 20 MOTION to Appoint Counsel Motion to Appoint Levin Sedran & Berman LLP as Interim Co-Lead Counsel for the Student Purchaser Class. Document filed by Alexandra Pelletier, Joan Padden, M. Samantha Pak. (Attachments: #1 Memorandum of Law, #2 Exhibit A to Memorandum of Law).(Verrier, Keith) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP, Fegan Scott LLC and Spector Roseman & Kodroff, P.C. as Co-Lead Counsel for the Student Purchaser Class. . Document filed by Alexandra Uchenik. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kaplan, Robert) |
| Filing 18 MOTION to Appoint Counsel Kaplan Fox & Kilsheimer LLP, Fegan Scott LLC and Spector Roseman & Kodroff, P.C. as Co-Lead Counsel for the Student Purchaser Class. Document filed by Alexandra Uchenik..(Kaplan, Robert) |
| Filing 17 ***EX-PARTE***DECLARATION of John D. Radice in Support re: #15 MOTION to Appoint Counsel Motion to Appoint the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as Interim Co-Lead Counsel.. Document filed by Martha Barabas. Motion or Order to File Under Seal: #16 .(Radice, John) |
| Filing 16 LETTER MOTION to Seal Letter-motion to file the Declaration of John Radice ex parte for an in camera review addressed to Judge Denise L. Cote from John Radice dated 08/28/2020. Document filed by Martha Barabas..(Radice, John) |
| Filing 15 MOTION to Appoint Counsel Motion to Appoint the Radice Law Firm, PC and Hagens Berman Sobol Shapiro LLP as Interim Co-Lead Counsel. Document filed by Martha Barabas. (Attachments: #1 Memorandum of Law, #2 Declaration of Natasha Fernandez-Silber, #3 Exhibits to Declaration).(Fernandez-Silber, Natasha) |
| Filing 14 NOTICE of of Plaintiff Retailers' Application to Appoint Steckler Gresham Cochran PLLC and Thompson Coburn LLP as Interim Co-Lead Class Counsel for Putative Class of Independent Collegiate Retailers re: #8 Order,,,. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc.. (Attachments: #1 Application to Appoint Interim Co-Lead Counsel, #2 Declaration of Bruce W. Steckler, #3 Declaration of Nicole Williams, #4 Text of Proposed Order).(Steckler, Bruce) |
| Filing 13 NOTICE OF APPEARANCE by David S. Nalven on behalf of Martha Barabas..(Nalven, David) |
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Filing 12
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 11
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 10 MOTION for Nicole Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21339869. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc.. (Attachments: #1 Exhibit A - Affidavit of N. Williams, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order).(Williams, Nicole) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Nicole Williams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21339869. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 9
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 8
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)
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| Filing 7 JOINT LETTER addressed to Judge Denise L. Cote from William F. Cavanaugh, Jr. on behalf of Defendants Publishers and Retailers dated August 21, 2020 re: proposed schedule pursuant to the Court's August 11, 2020. Document filed by McGraw Hill, LLC..(Cavanaugh, William) |
| Filing 6 NOTICE OF APPEARANCE by Matthew Powers McCahill on behalf of Alexandra Uchenik..(McCahill, Matthew) |
| Filing 5 LETTER addressed to Judge Denise L. Cote from Robert N. Kaplan dated 8/21/2020 re: propose schedule. Document filed by Alexandra Uchenik..(Kaplan, Robert) |
| Filing 4 LETTER addressed to Judge Denise L. Cote from Bruce W. Steckler dated August 21, 2020 re: Proposal for a Schedule, pursuant to Order dated August 11, 2020. Document filed by BJJ Corporation, CBSKY, Inc., CBSNM, Inc., Campus Book Company, Inc., Renttext.com, Inc...(Steckler, Bruce) |
| Filing 3 LETTER MOTION to Expedite Proposing a Briefing Schedule for Consolidated Amended Complaint and Motions to Dismiss addressed to Judge Denise L. Cote from Natasha J. Fernandez-Silber dated August 21, 2020. Document filed by Martha Barabas..(Fernandez-Silber, Natasha) |
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Filing 2
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)
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| Filing 1 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Delaware, Illinois, New Jersey and New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 8/11/2020) (sjo) |
| Case Designated ECF. (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) |
| CASES ORIGINATING FROM THE SOUTHERN DISTRICT OF NEW YORK: 1:20-cv-03162 (DLC). (sjo) |
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