Lerner v. Amazon.com, Inc. et al
| Cecily Lerner |
| Amazon.com, Inc., HarperCollins Publishers L.L.C., Macmillan Publishing Group, LLC, Hachette Book Group, Simon & Schuster, Inc. and Penguin Random House LLC |
| Mary Christopherson-Juve, Michael Wilder, Sandra Wilde, Denise DeLeon and Shannon Fremgen |
| 1:2021cv01561 |
| February 22, 2021 |
| US District Court for the Southern District of New York |
| Debra C Freeman |
| Gregory H Woods |
| Anti-Trust |
| 28 U.S.C. § 1337 sc |
| None |
Docket Report
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Filing 36
ORDER granting #18 Motion to Appoint Counsel. The Court concludes that Hagens Berman Sobol Shapiro LLP (Hagens Berman) should be appointed, and is hereby appointed, interim lead counsel in these matters. The Court concludes that such appointment will aid in achieving efficiency and economy in what is likely to be expensive and complicated litigation, and that such appointment will enhance fairness to all parties concerned, as well as the proposed classes. (As further set forth herein). The Clerk of Court is directed to terminate the following motions: Case No. 1:21- cv-351-GHW-DCF, Dkt. No. 34; Case No. 1:21-cv-00615-GHW-DCF, Dkt. No. 16; Case No. 1:21-cv-01369-GHW-DCF, Dkt. No. 25; Case No. 1:21-cv-00421-GHW-DCF, Dkt. No. 12; Case No. 1:21-cv-01561-GHW-DCF, Dkt. No. 18; Case No. 1:21-cv-01256-GHW-DCF, Dkt. No. 18; Case No. 1:21-cv-01130-GHW-DCF, Dkt. No 16. (Signed by Judge Gregory H. Woods on 4/15/2021) (nb)
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Filing 35
ORDER: While Hagens Berman's request for appointment is currently unopposed, the Court wishes to provide an opportunity for interested persons to state their objection, if any, to such appointment. Accordingly, is HEREBY ORDERED that any opposition to the appointment of Hagens Berman as interim lead counsel in the above-captioned actions shall be due no later than seven days after the entry of this order; any reply to such opposition shall be due no later than four days after the filing and service of the opposition. (Signed by Judge Gregory H. Woods on 3/8/2021) (mro)
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Filing 34
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Gregory H. Woods on 3/8/2021) (jca)
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| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Georg von Holtzbrinck GmbH & Co. KG for Macmillan Publishing Group, LLC. Document filed by Macmillan Publishing Group, LLC..(Mitnick, Joel) |
| Filing 32 NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of Macmillan Publishing Group, LLC..(Mitnick, Joel) |
| Filing 31 NOTICE OF APPEARANCE by Robert Michael Swenson on behalf of Simon & Schuster, Inc...(Swenson, Robert) |
| Filing 30 NOTICE OF APPEARANCE by Jeffrey Leonard White on behalf of Simon & Schuster, Inc...(White, Jeffrey) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate ViacomCBS Inc., Other Affiliate National Amusements, Inc. for Simon & Schuster, Inc.. Document filed by Simon & Schuster, Inc...(Buchweitz, Yehudah) |
| Filing 28 NOTICE OF APPEARANCE by Yehudah Lev Buchweitz on behalf of Simon & Schuster, Inc...(Buchweitz, Yehudah) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bertelsmann SE & Co. KGaA for Penguin Random House LLC. Document filed by Penguin Random House LLC..(Morgenstern, Saul) |
| Filing 26 NOTICE OF APPEARANCE by Margaret Anne Rogers on behalf of Penguin Random House LLC..(Rogers, Margaret) |
| Filing 25 NOTICE OF APPEARANCE by Saul P Morgenstern on behalf of Penguin Random House LLC..(Morgenstern, Saul) |
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Filing 24
ORDER. The Court declines to endorse the parties' proposed order. Case No. 1:21-cv-00351-GHW-DCF, Dkt No. 39. The proposed order was not accompanied by a letter as required by Rule 1(F) of the Court's Individual Rules of Practice in Civil Cases. The Court will await any objections to the proposed consolidation of the cases referenced in that order, in accordance with its February 24th order, Dkt. No. 41. Moreover, the Court does not anticipate that it will establish a briefing schedule before holding a pre-motion conference. The Court construes the parties' proposed order as a request to extend the deadline to answer or otherwise respond to the complaints in Fremgen v. Amazon.com, et al. and each of its related cases. The deadline for Defendants to answer or otherwise respond to those complaints is adjourned sine die pending the resolution of the application to consolidate the cases pending before the Court and the application to appoint lead counsel for those cases. The Court anticipates that a consolidated complaint will be filed within 45 days after an order or orders consolidating the Fremgen, Sacks, Weinberger, Bonilla, Silverman, Cook and Lerner Actions and appointing interim co-lead counsel for the putative plaintiff class. The parties are again directed to review and comply with the Court's Individual Rules of Practice in Civil Cases. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent News Corporation for HarperCollins Publishers L.L.C.. Document filed by HarperCollins Publishers L.L.C...(Lent, Charles) |
| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by HarperCollins Publishers L.L.C...(Lent, Charles) |
| Filing 21 NOTICE OF APPEARANCE by Charles Scott Lent on behalf of HarperCollins Publishers L.L.C...(Lent, Charles) |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-00351-GHW-DCF. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge Debra C. Freeman 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. (laq) |
| Filing 20 DECLARATION of Steve W. Berman in Support re: #18 MOTION to Appoint Counsel Notice of Unopposed Motion to Appoint Hagens Berman Sobol Shapiro LLP as Interim Lead Counsel for the Proposed Class.. Document filed by Mary Christopherson-Juve, Denise DeLeon, Shannon Fremgen, Sandra Wilde, Michael Wilder. (Attachments: #1 Exhibit A).(Berman, Steve) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Appoint Counsel Notice of Unopposed Motion to Appoint Hagens Berman Sobol Shapiro LLP as Interim Lead Counsel for the Proposed Class. . Document filed by Mary Christopherson-Juve, Denise DeLeon, Shannon Fremgen, Sandra Wilde, Michael Wilder..(Berman, Steve) |
| Filing 18 MOTION to Appoint Counsel Notice of Unopposed Motion to Appoint Hagens Berman Sobol Shapiro LLP as Interim Lead Counsel for the Proposed Class. Document filed by Shannon Fremgen, Mary Christopherson-Juve, Denise DeLeon, Sandra Wilde, Michael Wilder. (Attachments: #1 Text of Proposed Order).(Berman, Steve) |
| Filing 17 NOTICE OF APPEARANCE by Jeffrey J. Corrigan on behalf of Cecily Lerner..(Corrigan, Jeffrey) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Simon & Schuster, Inc...(jgo) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Penguin Random House LLC..(jgo) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Macmillan Publishing Group, LLC..(jgo) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to HarperCollins Publishers L.L.C...(jgo) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Hachette Book Group..(jgo) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Amazon.com, Inc...(jgo) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Hachette Book Group waiver sent on 2/22/2021, answer due 4/23/2021. Document filed by Cecily Lerner..(Linkh, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Bradley Linkh. The party information for the following party/parties has been modified: Cecily Lerner. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) |
| CASE REFERRED TO Judge Gregory H. Woods as possibly related to 21-cv-351. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gregory Bradley Linkh. The following case opening statistical information was erroneously selected/entered: Class Action code n (No Class Action Alleged); County code Albany;. The following correction(s) have been made to your case entry: the Class Action code has been modified to y (Class Action Alleged); the County code has been modified to XX Out of State;. (jgo) |
| Filing 9 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-00351. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Simon & Schuster, Inc., re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Penguin Random House LLC, re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Macmillan Publishing Group, LLC, re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Harpercollins Publishers L.L.C., re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Hachette Book Group, re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Amazon.com, Inc., re: #1 Complaint,. Document filed by Cecily Lerner..(Linkh, Gregory) |
| Filing 2 CIVIL COVER SHEET filed..(Linkh, Gregory) |
| Filing 1 COMPLAINT against Amazon.com, Inc., Hachette Book Group, HarperCollins Publishers L.L.C., Macmillan Publishing Group, LLC, Penguin Random House LLC, Simon & Schuster, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24025371)Document filed by Cecily Lerner..(Linkh, Gregory) |
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