Pearson Education, Inc. et al v. Divine et al
| Pearson Education, Inc., Cengage Learning, Inc. and McGraw-Hill Global Education Holdings, LLC |
| Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle Salmon, Joshua Khalifa, Bridgeports Intl Inc. and Happy Families Intl Inc. |
| 1:2022cv01899 |
| March 6, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kimba M Wood |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 44 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 189) AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 3/1/2021 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (mml).(gp) |
Filing 43
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 188) FINAL JUDGMENT AND INJUNCTION AS TO DEFENDANTS DANN DIVINE, DAPHNEE DIVINE, REJOICE SENAYE, MAWULI KRAH, ROSCHELLE SALMON, BRIDGEPORTS INT'L INC., AND HAPPY FAMILIES INT'L INC.: NOW THEREFORE, it is hereby: I. ORDERED that final judgment is ENTERED for Plaintiffs against Defendants.Each party shall bear its own costs and expenses, including its attorney's fees. II. ORDERED that a permanent injunction is ENTERED in this action as follows: Defendants, their officers, directors, members, agents, and attorneys, their personal representatives, heirs, executors, administrators, agents, and assigns, and all those in active concert or participation with them who receive actual notice of this injunction are enjoined from: a. Directly or indirectly infringing any of Plaintiffs' Copyrighted Works, including any copyrighted work published under any of the imprints identified on Appendix A hereto1 (the "Imprints");b. Directly or indirectly infringing any of Plaintiffs' Marks, including suchtrademarks associated with the Imprints; c. Directly or indirectly manufacturing, reproducing, importing, distributing (including returning goods purchased from another), offering for sale, and/or selling infringing copies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks; and d. Knowingly (i.e., with actual knowledge or reason to know) enabling, facilitating, permitting, assisting, soliciting, encouraging, or inducing others to directly or indirectly infringe, manufacture, reproduce, import, distribute, offer for sale, and/or sell infringing copies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks, as further set forth in this Order. Daphnee Divine, Happy Families Intl Inc., Mawuli Krah, Roschelle Salmon, Rejoice Senaye, Bridgeports Intl Inc. and Dann Divine terminated. (Signed by Judge Kimba M. Wood on 3/1/2021).(gp)
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Filing 42
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 187) FINAL JUDGMENT AND INJUNCTION AS TO DEFENDANT JOSHUA KHALIFA: NOW THEREFORE, it is hereby: I. ORDERED that final judgment is ENTERED for Plaintiffs against Defendant. Each party shall bear its own costs and expenses, including its attorney's fees. II. ORDERED that a permanent injunction is ENTERED in this action as follows: Defendant and their personal representatives, heirs, executors, administrators, agents, and assigns, and all those in active concert or participation with them who receive actual notice of this injunction are enjoined from: a. Directly or indirectly infringing any copyrighted work that is owned or exclusively controlled by any of Plaintiffs ("Plaintiffs' Copyrighted Works"), including any copyrighted work published under any of the imprints identified on Appendix A hereto1 (the "Imprints"); b. Directly or indirectly infringing any trademark that is owned or exclusively controlled by any of the Plaintiffs Marks, including such trademarks associated with the Imprints; c. Directly or indirectly manufacturing, reproducing, importing, distributing (including returning goods purchased from another), offering for sale, and/or selling infringing copies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks; and d. Knowingly (i.e., with actual knowledge or reason to know) enabling, facilitating, permitting, assisting, soliciting, encouraging, or inducing others to directly or indirectly infringe, manufacture, reproduce, import, distribute, offer for sale, and/or sell infringing copies of Plaintiffs' Copyrighted Works and/or Plaintiffs' Marks. Joshua Khalifa terminated. (Signed by Judge Kimba M. Wood on 3/1/2021).(gp)
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| Filing 41 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 186) NOTICE of Settlement with Defendant Joshua Khalifa. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Exhibit Proposed Final Judgment and Injunction as to Defendant Joshua Khalifa).(Fleischman, Matthew).(gp) |
| Filing 40 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 185) NOTICE of Settlement with Defendants Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle Salmon, Bridgeports Intl Inc., and Happy Families Intl Inc.. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Final Judgment and Injunction as to Defendants Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle Salmon, Bridgeports Intl Inc., and Happy Families Intl Inc.).(Fleischman, Matthew).(gp) |
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Filing 39
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 183) AMENDED SCHEDULING ORDER granting 182 Letter Motion for Extension of Time to Complete Discovery. Granted. SO ORDERED. Discovery due by 2/12/2021. Motions due by 3/12/2021. Proposed Pretrial Order due by 4/5/2021. This case is to be tried to a jury. Estimated trial time, in hours, is 60. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/19/2020).(gp)
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| Filing 38 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 182) JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Kimba M. Wood from Matthew I. Fleischman dated 11/18/20. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Case Management Plan and Scheduling Order).(Fleischman, Matthew).(gp) |
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Filing 37
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 181) STIPULATION AND ORDER CONCERNING PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: Plaintiffs Pearson Education, Inc., Cengage Learning, Inc., and McGraw Hill Global Education Holdings, LLC and Defendants Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle Salmon, Joshua Khalifa, Bridgeports Int'l Inc., and Happy Families Int'l Inc. (collectively, the "Parties") jointly stipulate to the following protocol for conducting depositions via remote means in the above-captioned manner: (As further set forth herein this Stipulation.) SO ORDERED. (Signed by Judge Kimba M. Wood on 10/27/2020).(gp)
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| Filing 36 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 180) PROPOSED STIPULATION AND ORDER. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc...(Fleischman, Matthew).(gp) |
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Filing 35
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 179) MEMO ENDORSEMENT: on re: 176 JOINT LETTER MOTION for Extension of Time addressed to Judge Kimba M. Wood from Matthew I Fleischman dated 10/9/20. filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc. ENDORSEMENT: Granted. SO ORDERED., ( Fact Discovery due by 11/12/2020.) (Signed by Judge Kimba M. Wood on 10/14/2020).(gp)
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Filing 34
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 178)AMENDED SCHEDULING ORDER: Except for good cause shown, all discovery due by 1/15/2021. Except for good cause shown, no motion shall be filed or heard after 2/12/2021. Joint Proposed Pretrial Order due by 3/8/2021.In a case to be tried to a jury, the parties must, by the date the joint proposed pretrial order is due: (1) file and serve motions addressing any evidentiary issues or other matters which should be resolved in limine; (2) file and serve a pretrial memorandum of law, when a party believes it would be useful to the Court; and (3) file joint proposed voir dire questions, a verdict form, and proposed jury instructions. These joint submissions shall conform to the Court's Individual Rules of Practice, available online at http://nysd.uscourts.gov/judge/Wood. A case will be deemed Ready for Trial on the date the parties submit the Joint Pretrial Order. This case will be tried by a jury, estimated trial time is 60 hours. (Signed by Judge Kimba M. Wood on 10/13/2020).(gp)
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Filing 33
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 177) AMENDED DISCOVERY PLAN granting 176 Letter Motion for Extension of Time. Depositions of the parties shall commence after June 22, 2020, at mutually convenient dates and times, without prejudice to either party conducting a non-party deposition beforehand at a mutually convenient date, time and place. The parties shall complete all written discovery and depose all fact witnesses on or before November 12, 2020. Depositions of the experts shall begin in time to be completed no later than January 15, 2021. All discovery shall be completed by January 15, 2021. And as further set forth in this Order. (Deposition due by 1/15/2021. Discovery due by 1/15/2021.). (Signed by Judge Kimba M. Wood on 10/13/2020).(gp)
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| Filing 32 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 176) JOINT LETTER MOTION for Extension of Time addressed to Judge Kimba M. Wood from Matthew I Fleischman dated 10/9/20. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Text of Proposed Order A).(Fleischman, Matthew).(gp) |
| Filing 31 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 175) NOTICE OF APPEARANCE by Morris Fateha on behalf of Joshua Khalifa..(Fateha, Morris.(gp) |
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Filing 30
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 172) ORDER denying without prejudice to renewal by formal motion 170 Letter Motion to Compel. Plaintiffs request an informal discovery conference to address Defendants' alleged failures to produce documents responsive to Plaintiffs First Set of Requests for Production of Documents. (ECF No. 170.) Defendants state that they initially misunderstood the scope of Plaintiffs' production demands and are working diligently to provide copies of the responsive documents. (ECF No. 171.) No later than August 17, 2020, Defendants shall provide Plaintiffs with all responsive documents. The Court finds that a discovery conference is unlikely to be productive at this time. If, after Defendants have submitted all responsive documents, Plaintiffs still believe that a discovery conference is necessary, Plaintiffs may renew their request. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/3/2020).(gp)
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| Filing 29 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 171) LETTER RESPONSE to Motion addressed to Judge Kimba M. Wood from Laurence J. Lebowitz dated July 27, 2020 re: 170 LETTER MOTION to Compel Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle Salmon, Bridgeports Intl Inc., and Happy Families Intl Inc. to produce documents addressed to Judge Kimba M. Wood from Matthew I. Fleischman dated July 24, 2020. Document filed by Dann Divine..(Lebowitz, Laurence).(gp) |
| Filing 28 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 170) LETTER MOTION to Compel Dann Divine, Daphnee Divine, Rejoice Senaye, Mawuli Krah, Roschelle Salmon, Bridgeports Intl Inc., and Happy Families Intl Inc. to produce documents addressed to Judge Kimba M. Wood from Matthew I. Fleischman dated 7/24/20. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Exhibit A).(Fleischman, Matthew).(gp) |
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Filing 27
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 169) DISCOVERY PLAN: The parties shall complete all written discovery and depose all fact witnesses on or before 10/13/2020. Deposition due by 12/15/2020. Discovery due by 12/15/2020. The parties may seek to schedule additional discovery as necessary, so long as it is completed by 12/15/2020 (same date as appears in (9) above). SO ORDERED. (Signed by Judge Kimba M. Wood on 7/17/2020).(gp)
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Filing 26
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 168) SCHEDULING ORDER: It is hereby ordered that: 1. Pleadings and Parties. Except for good cause shown a. No additional parties may be joined after July 15, 2020. b. No additional causes of action or defenses may be asserted after July 15, 2020. Discovery due by 12/15/2020. Motions due by 1/5/2021. Proposed Pretrial Order due by 1/21/2021. This case is to be tried to a jury. Estimated trial time, in hours, is 60. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/17/2020).(gp)
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Filing 25
NOTICE of. (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 167) DISCOVERY PLAN granting 166 Motion for Extension of Time. 9) Depositions of the experts shall begin in time to be completed no later than November 9, 2020 for Plaintiffs' experts and December 15, 2020 for Defendants' expert. 10) All discovery shall be completed by December 15, 2020. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/17/2020).(gp)
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| Filing 24 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 166) LETTER MOTION for Extension of Time addressed to Judge Kimba M. Wood from Matthew Fleischman dated 7/16/2020. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Exhibit Proposed Scheduling Order and Discovery Plan).(Fleischman, Matthew).(gp) |
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Filing 23
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 165) ORDER granting 164 Motion to Withdraw as Attorney. Attorney Cory J. Rosenbaum has moved to withdraw as counsel for Defendant Joshua Khalifa. (ECF No. 164.) This motion satisfies all the requirements of Local Civil Rule 1.4. The Court thus grants the motion to withdraw as counsel. SO ORDERED. Attorney Cory Jay Rosenbaum terminated. (Signed by Judge Kimba M. Wood on 7/15/2020.(gp)
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| Filing 22 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 164) MOTION for Cory J. Rosenbaum to Withdraw as Attorney. Document filed by Joshua Khalifa. (Attachments: # 1 Notice of Motion, # 2 Certificate of Service).(Rosenbaum, Cory).(gp) |
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Filing 21
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 163) ORDER denying 162 Letter Motion for Conference. Attorney Cory J. Rosenbaum has requested a pre-motion conference in advance of filing an anticipated motion to withdraw as counsel for Defendant Joshua Khalifa. The request for a pre-motion conference is denied. The Court hereby grants Mr. Rosenbaum leave to file a motion to withdraw as counsel. In conformity with Local Civil Rule 1.4, the motion shall include a showing of satisfactory reasons for withdrawal, including whether Mr. Rosenbaum is asserting a retaining or charging lien. SO ORDERED. (Signed by Judge Kimba M. Wood on 7/9/2020.(gp)
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| Filing 20 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 162) LETTER MOTION for Conference Seeking leave to file a motion to withdraw as counsel addressed to Judge Kimba M. Wood from Cory J. Rosenbaum dated 7/08/2020. Document filed by Joshua Khalifa..(Rosenbaum, Cory).(gp) |
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Filing 19
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 155) SCHEDULING ORDER: Depositions of the parties shall commence after June 22, 2020, at mutually convenient dates and times, without prejudice to either party conducting a non-party deposition beforehand at a mutually convenient date, time and place. The parties shall complete all written discovery and depose all fact witnesses on or before August 14, 2020. Depositions of the experts shall begin in time to be completed no later than September 21, 2020 for Plaintiffs' experts and October 16, 2020 for Defendants' expert. All discovery shall be completed by October 16, 2020. )The parties may seek to schedule additional discovery as necessary, so long as it is completed by October 16, 2020 (same date as appears in (9) above). SO ORDERED. Deposition due by 10/16/2020. Discovery due by 10/16/2020. (Signed by Judge Kimba M. Wood on 4/16/2020).(gp)
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| Filing 18 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 154) JOINT LETTER addressed to Judge Kimba M. Wood from Matthew I. Fleischman dated 4/15/2020 re: Scheduling Order and Discovery Plan. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order, # 2 Text of Proposed Order Proposed Discovery Plan).(Fleischman, Matthew).(gp) |
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Filing 17
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 153) ORDER denying 152 Letter Motion for Conference; granting 152 Letter Motion for Discovery. Plaintiffs' request to take additional discovery as specified in their letter dated March 11, 2020 (ECF No. 152) and to exclude Defendant Heliosbooks, Inc. from the inquest to be conducted by Judge Fox is granted. The Court declines to hold an initial pretrial conference at this time. However, no later than April 15, 2020, the parties shall jointly prepare, sign, nd submit to the Court via ECF: and further set forth in this Order. (Signed by Judge Kimba M. Wood on 3/11/2020.(gp)
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| Filing 16 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 152)LETTER MOTION for Conference re Initial Pre-Trial Conference addressed to Judge Kimba M. Wood from Matthew I. Fleischman dated 3/11/2020., LETTER MOTION for Discovery re Defendant Heliosbooks' violation of Preliminary Injunction addressed to Judge Kimba M. Wood from Matthew I. Fleischman dated 3/11/2020. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc...(Fleischman, Matthew).(gp) |
| Filing 15 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 150) ANSWER to 137 Amended Complaint,. Document filed by Dann Divine.(Lebowitz, Laurence).(gp) |
| Filing 14 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 149) FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Happy Families Intl Inc..(Lebowitz, Laurence).(gp) |
| Filing 13 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 148) FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bridgeports Intl Inc..(Lebowitz, Laurence).(gp) |
| Filing 12 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 147) CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Mawuli Krah served on 12/14/2019, answer due 1/6/2020. Service was accepted by Mawuli Krah. Document filed by Cengage Learning, Inc.; Pearson Education, Inc.; McGraw-Hill Global Education Holdings, LLC. (Fleischman, Matthew).(gp) |
| Filing 11 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 146) CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Dann Divine served on 12/14/2019, answer due 1/6/2020. Service was accepted by Dann Divine. Document filed by Cengage Learning, Inc.; Pearson Education, Inc.; McGraw-Hill Global Education Holdings, LLC. (Fleischman, Matthew).(gp) |
| Filing 10 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 145 )CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Daphnee Divine served on 12/14/2019, answer due 1/6/2020. Service was accepted by Dann Divine, Husband. Document filed by Cengage Learning, Inc.; Pearson Education, Inc.; McGraw-Hill Global Education Holdings, LLC. (Fleischman, Matthew).(gp) |
| Filing 9 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 144) CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Happy Families Intl Inc. served on 12/19/2019, answer due 1/9/2020. Service was accepted by Dann Divine, Owner. Document filed by Cengage Learning, Inc.; Pearson Education, Inc.; McGraw-Hill Global Education Holdings, LLC. (Fleischman, Matthew).(gp) |
| Filing 8 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 143)CERTIFICATE OF SERVICE of Summons and Amended Complaint,. Bridgeports Intl Inc. served on 12/19/2019, answer due 1/9/2020. Service was accepted by Dann Divine, Owner. Document filed by Cengage Learning, Inc.; Pearson Education, Inc.; McGraw-Hill Global Education Holdings, LLC. (Fleischman, Matthew).(gp) |
| Filing 7 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 142) ANSWER to 137 Amended Complaint,. Document filed by Joshua Khalifa.(Rosenbaum, Cory)..(gp) |
| Filing 6 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 141)RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joshua Khalifa.(Rosenbaum, Cory).(gp) |
| Filing 5 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 140) NOTICE OF APPEARANCE by Cory Jay Rosenbaum on behalf of Joshua Khalifa. (Rosenbaum, Cory).(gp) |
| Filing 4 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 139)ELECTRONIC SUMMONS ISSUED as to Bridgeports Intl Inc., Dann Divine, Daphnee Divine, Happy Families Intl Inc., Joshua Khalifa, Mawuli Krah.(gp) Modified on 3/6/2022 (gp). |
| Filing 3 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 138) REQUEST FOR ISSUANCE OF SUMMONS as to Dann Divine, Daphnee Divine, Mawuli Krah, Joshua Khalifa, Bridgeports Intl Inc., and Happy Families Intl Inc., re: 137 Amended Complaint,. Document filed by Cengage Learning, Inc., McGraw-Hill Global Education Holdings, LLC, Pearson Education, Inc..(gp) |
| Filing 2 (ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 137) SECOND AMENDED COMPLAINT against Bridgeports Intl Inc., Dann Divine, Daphnee Divine, Happy Families Intl Inc., Joshua Khalifa with JURY DEMAND.Document filed by McGraw-Hill Global Education Holdings, LLC, Cengage Learning, Inc., Pearson Education, Inc...(gp) |
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Filing 1
(ORIGINAL DOCUMENT FILED IN CASE 17-CV-203 doc 211) ORDER THE COURT HEREBY ORDERS Plaintiffs to submit a letter to the Court by March 17, 2022 stating whether they (a) wish the Court to consider its motion as written, notwithstanding the foregoing discussion, or (b) withdraw their motion, with the intent to file an updated motion to amend accompanied by a revised proposed complaint. Plaintiffs' letter must clarify the status and amounts of any funds they have received from the remaining Defendants that were subject to the inquest conducted by Magistrate Judge Fox and for whom the Court adopted damages determinations. (ECF Nos. 184, 190.) In the event that Plaintiffs choose to amend the Proposed Complaint, they may file a renewed motion and revised proposed complaint with the Court no later than April 18, 2022. If the revised proposed complaint consists of allegations and parties found in the current Proposed Complaint and the First Amended Complaint, the time between the filing of the instant motion on June 11, 2021 and the submission of a new motion will not be held against Plaintiffs as evidence of undue delay or a lack of diligence. IT IS FURTHER ORDERED that, to reflect Judge Batts's severance of the Divine action, the Clerk of Court is respectfully directed to: Designate a new docket number for the Divine action (in which plaintiffs Pearson Education, Inc.; Cengage Learning, Inc.; and McGraw-Hill Global Education Holdings, LLC, sue Dann Divine; Daphnee Divine; Rejoice Senaye; Mawuli Krah; Roschelle Salmon; Joshua Khalifa; Bridgeports Intl Inc.; and Happy Families Intl Inc.), waiving the filing fee for that new case; Designate this newly opened case as related to the litigation at docket number 17-CV-203 and therefore assign the new case to this Court; File in the newly opened case copies of the documents found under docket number 17-CV-203 at ECF Nos. 137 through 150, 152 through 155, 162 through 172, 175 through 183, and 185 through 189; Terminate the newly opened case, because final judgments have been entered with respect to all eight defendants in that case; and Change the caption of the case at docket number 17-CV-203 to match the caption of this Order. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to enter final judgment against Blue Rocket Books, Ltd. in the case with docket number 17-CV-203.2 Because of the substantial amount of time that has passed since entry of the purportedly final judgment against Blue Rocket Books, Ltd. and the company's possible reliance on the stipulated terms of that judgment (ECF No. 101), the Court holds that there is no just reason for delay and certifies the judgment as final and appealable pursuant to Rule 54(b). This final judgment shall be identical in terms to the stipulated Order at ECF No. 101. SO ORDERED (Signed by Judge Kimba M. Wood on 3/4/2022) (gp)
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| Magistrate Judge Jennifer Willis 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. (gp) |
| Case Designated ECF. (gp) |
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