Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning et al v. Shopify Inc.
| Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Macmillan Holdings, LLC, Cengage Learning, Inc., Elsevier Inc., Elsevier B.V., McGraw Hill LLC and Pearson Education, Inc. |
| Shopify Inc. |
| 1:2021cv01340 |
| December 1, 2021 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Claude M Hilton |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.
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Filing 186
So Ordered re #185 Notice of Voluntary Dismissal With Prejudice, filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. Signed by District Judge Claude M. Hilton on 10/5/2022. (swil)
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| Filing 185 NOTICE of Voluntary Dismissal Joint Stipulated Dismissal by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. (Zebrak, Scott) |
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Filing 184
ORDER granting #182 Consent Motion to Allow Plaintiffs to File Summary Judgment Exhibits via Flash Drive or Hard Drive. Plaintiffs are permitted to file the exhibits to their summary judgment motion and exhibits to any accompanying declarations on a flash drive or hard drive, rather than through the Court's Electronic Court Filing system. Signed by District Judge Claude M. Hilton on 9/29/2022. (swil)
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Filing 183
ORDER granting #181 Consent Motion re Proposed Briefing Schedule for Summary Judgment and Daubert Motions and to Set a Hearing Date (see Order for details). Signed by District Judge Claude M. Hilton on 9/28/2022. (swil)
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| Filing 182 Consent MOTION to Allow Plaintiffs to File Summary Judgment Exhibits via Flash Drive or Hard Drive by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 181 Consent MOTION re Proposed Briefing Schedule for Summary Judgment and Daubert Motions and to Set a Hearing Date by Shopify Inc.. (Johnson, David) |
| Set Deadlines as to: Motion Hearing set for 11/4/2022 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (swil) |
| Filing 180 Amended Exhibit List by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc... (Attachments: #1 Exhibit A)(Zebrak, Scott) |
| Filing 179 Objection to #168 Exhibit List filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit A)(Zebrak, Scott) |
| Filing 178 Objection to #167 Witness List Deposition Designations filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 177 Objection to #166 Witness List filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 176 Objection to #172 Exhibit List, filed by Shopify Inc.. (Bladow, Laura) |
| Filing 175 Objection to #171 Witness List, Plaintiffs' Deposition Designations and Counter-Designations filed by Shopify Inc.. (Bladow, Laura) |
| Filing 174 Objection to #170 Exhibit List, #173 Witness List filed by Shopify Inc.. (Bladow, Laura) |
| Filing 173 Corrected Witness List by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 172 Rule 26(a)(3) Exhibit List by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc... (Attachments: #1 Exhibit A)(Zebrak, Scott) |
| Filing 171 Rule 26(a)(3) Deposition Designations Witness List by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit A)(Zebrak, Scott) |
| Filing 170 Rule 26(a)(3) Exhibit List by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc... (Zebrak, Scott) |
| Filing 169 Statement of Undisputed Facts by Shopify Inc.. (Bladow, Laura) |
| Filing 168 Rule 26(a)(3)(A)(iii) Exhibit List by Shopify Inc... (Attachments: #1 Attachment A)(Bladow, Laura) |
| Filing 167 Rule 26(a)(3)(A)(ii) Deposition Designations Witness List by Shopify Inc.. (Bladow, Laura) |
| Filing 166 Rule 26(a)(3)(A)(i) Witness List by Shopify Inc.. (Bladow, Laura) |
| Filing 165 MOTION Consent Motion re Proposed Briefing Schedule for Summary Judgment and Daubert Motions by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 164 Minute Entry for proceedings held before District Judge Claude M. Hilton: Final Pretrial Conference held on 8/18/2022. Appearance for Parties. Parties to submit proposed scheduling order. Matter set for Jury trial (approx 2-3 weeks). Jury Trial set for 11/28/2022 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (kgall) |
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Filing 163
So Ordered re #162 Consent MOTION for Entry of Proposed Stipulated Order Regarding Production of Digital Versions of the Copyrighted Works At Issue CORRECTED re #161 Consent MOTION for Entry of Proposed Stipulated Order Regarding Production of Digital Versions of filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc (see Order for details). Signed by Magistrate Judge John F. Anderson on 8/15/2022. (swil)
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| Filing 162 Consent MOTION for Entry of Proposed Stipulated Order Regarding Production of Digital Versions of the Copyrighted Works At Issue CORRECTED re #161 Consent MOTION for Entry of Proposed Stipulated Order Regarding Production of Digital Versions of the Copyrighted Works At Issue by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 161 Consent MOTION for Entry of Proposed Stipulated Order Regarding Production of Digital Versions of the Copyrighted Works At Issue by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
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Filing 160
ORDER granting #151 Motion to Seal Reply to Response. The portions of the memorandum and the attached exhibits shall remain under seal. Signed by Magistrate Judge John F. Anderson on 8/12/2022. (swil)
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| Filing 159 TRANSCRIPT of proceedings held on 08/05/2022, before Judge John F. Anderson, Court Reporter/Transcriber Anneliese Thomson, Telephone number 703-629-3845. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 9/5/2022. Redacted Transcript Deadline set for 10/6/2022. Release of Transcript Restriction set for 11/4/2022. (jlan, ) |
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Filing 158
ORDER granting in part #149 Motion for Extension of Time to Complete Discovery. The parties shall have until August 19, 2022 to complete fact depositions, and they shall have until August 26, 2022 to complete expert depositions. ORDERED that the final pretrial conference will remain as currently scheduled for August 18, 2022 at 10:00 a.m. before the District Judge. The parties shall file their Rule 26(a)(3) disclosures, list of exhibits, list of witnesses, and stipulation of uncontested facts by September 12, 2022, and objections shall be due by September 22, 2022. Signed by Magistrate Judge John F. Anderson on 08/05/2022. (wgar, )
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Filing 157
ORDER, for the reasons stated from the bench, granting in part and denying in part #144 Motion to Compel. Signed by Magistrate Judge John F. Anderson on 08/05/2022. (wgar, )
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| Filing 156 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 8/5/2022 re #149 Consent MOTION for Extension of Time to Complete Discovery filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc., #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents filed by Shopify Inc. Appearance of counsel for plaintiffs and defendant. Motions argued and #144 MOTION to Compel - GRANTED IN PART/DENIED IN PART; #149 Consent MOTION for Extension of Time to Complete Discovery - GRANTED IN PART. Orders to follow. (Tape #FTR.)(wgar, ) |
| Filing 155 REPLY to Response to Motion re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents (Redacted) filed by Shopify Inc.. (Attachments: #1 Exhibit B (Filed Under Seal), #2 Exhibit C (Filed Under Seal), #3 Exhibit D (Filed Under Seal), #4 Exhibit E (Filed Under Seal), #5 Exhibit F (Filed Under Seal), #6 Exhibit G (Filed Under Seal), #7 Exhibit H (Filed Under Seal))(Bladow, Laura) |
| Filing 154 Memorandum in Support re #151 MOTION to Seal REPLY to Response to Motion re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents filed by Shopify Inc.. (Bladow, Laura) |
| Filing 153 Sealed Document re #151 MOTION to Seal: REPLY to Response to Motion re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H)(Bladow, Laura) |
| Filing 152 Notice of Filing Sealing Motion LCvR5(C) by Shopify Inc. re #151 MOTION to Seal REPLY to Response to Motion re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents (Bladow, Laura) |
| Filing 151 MOTION to Seal REPLY to Response to Motion re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents by Shopify Inc.. (Attachments: #1 Proposed Order)(Bladow, Laura) |
| Filing 150 Memorandum in Opposition re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Declaration of Corey Miller, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Zebrak, Scott) |
| Filing 149 Consent MOTION for Extension of Time to Complete Discovery by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
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Filing 148
ORDER granting #147 Motion for Pro hac vice Appointed Adam Alexander Herrera for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 08/02/2022. (clar, )
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| Filing 147 Motion to appear Pro Hac Vice by Adam Alexander Herrera and Certification of Local Counsel Laura E. Bladow Filing fee $ 75, receipt number AVAEDC-8501809. by Shopify Inc.. (Bladow, Laura) |
| Set Deadlines as to #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents. Motion Hearing set for 8/5/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents (clar, ) |
| Filing 146 Memorandum in Support re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents filed by Shopify Inc.. (Attachments: #1 Declaration, #2 Exhibit A)(Bladow, Laura) |
| Filing 145 Notice of Hearing Date August 5, 2022 at 10:00 AM re #144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents (Bladow, Laura) |
| Filing 144 MOTION to Compel Additional Privilege Log Information and the Production of Improperly Withheld Documents by Shopify Inc.. (Attachments: #1 Proposed Order)(Bladow, Laura) |
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Filing 143
ORDER granting #139 Motion to Seal (see Order for details). Signed by Magistrate Judge John F. Anderson on 7/28/2022. (kgall)
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Filing 142
ORDERED that plaintiffs' motion to compel is denied without prejudice, and the hearing currently scheduled for Friday, July 29, 2022 at 10:00 a.m. is canceled. Signed by Magistrate Judge John F. Anderson on 7/27/2022. (nneb)
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| Filing 141 Withdrawal of Motion by All Plaintiffs re #136 MOTION to Compel & Statement on Meet-and-Confer (Zebrak, Scott) |
| Set Deadlines as to #136 MOTION to Compel & Statement on Meet-and-Confer. Motion Hearing set for 7/29/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| Filing 140 Sealed Memorandum in Support re #136 MOTION to Compel & Statement on Meet-and-Confer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Zebrak, Scott) |
| Filing 139 MOTION to Seal by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Notice of Filing of Motion to Seal, #2 Memorandum in support of Motion to Seal, #3 Proposed Order)(Zebrak, Scott) |
| Filing 138 Memorandum in Support re #136 MOTION to Compel & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2-16)(Zebrak, Scott) |
| Filing 137 Notice of Hearing Date Friday, July 29, 2022 re #136 MOTION to Compel & Statement on Meet-and-Confer (Zebrak, Scott) |
| Filing 136 MOTION to Compel & Statement on Meet-and-Confer by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 135 TRANSCRIPT of proceedings held on 07/01/2022, before Judge John F. Anderson, Court Reporter/Transcriber Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 8/4/2022. Redacted Transcript Deadline set for 9/5/2022. Release of Transcript Restriction set for 10/3/2022. (jlan) |
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Filing 134
ORDER, denying without prejudice #127 Motion for Protective Order. ORDERED that plaintiffs' motion for a protective order is denied without prejudice to the subpoena recipients' ability to serve objections pursuant to Fed. R. Civ. P. 45(d)(2)(B), oppose any motion to compel compliance, or move to quash the subpoena in a court in the district in which compliance is required. Signed by Magistrate Judge John F. Anderson on 07/01/2022. (wgar, )
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| Filing 133 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 7/1/2022 re #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. Appearance of counsel for plaintiffs and defendant. Motion argued and #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas - DENIED without PREJUDICE. Order to follow. (Tape #FTR.)(wgar, ) |
| Filing 132 Declaration re #131 Reply to Motion, Declaration of J. Kane in Support of Reply Brief by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 131 Reply to Motion re #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Zebrak, Scott) |
| Filing 130 Memorandum in Opposition re #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Shopify Inc.. (Attachments: #1 Declaration of Joshua F.P. Long, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(Bladow, Laura) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer (clar, ) |
| Set Deadlines as to #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer. Motion Hearing set for 7/1/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| Filing 129 Notice of Hearing Date Friday, July 1, 2022 re #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer (Zebrak, Scott) |
| Filing 128 Memorandum in Support re #127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Zebrak, Scott) |
| Filing 127 MOTION for Protective Order Quashing Defendant Shopify's 56 Third-Party Subpoenas & Statement on Meet-and-Confer by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 126 TRANSCRIPT of proceedings held on 06/10/2022, before Judge John F. Anderson, Court Reporter/Transcriber Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 7/11/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 9/9/2022. (jlan) |
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Filing 125
ORDER, for the reasons stated from the bench, granting #113 Motion for Protective Order. Signed by Magistrate Judge John F. Anderson on 06/10/2022. (wgar, )
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| Filing 124 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 6/10/2022 re #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. Appearance of counsel for plaintiffs and defendant. Motion argued and GRANTED. Order to follow. (Tape #FTR.)(wgar, ) |
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Filing 123
ORDER granting #122 Emergency Motion for Leave to be Excused from Compliance with Local Rule 83.1(F) at Tomorrow's Hearing. ORDERED that plaintiffs may appear at the hearing on June 10, 2022 without counsel admitted to practice in this court under Local Rule 83.1(C). Signed by Magistrate Judge John F. Anderson on 6/9/2022. (swil)
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| Filing 122 Emergency MOTION for Leave to be Excused from Compliance with Local Rule 83.1(F) at Tomorrows Hearing re #115 Notice of Hearing Date set for Friday, June 10, 2022 by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 121 Reply to Motion re #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 5 - Declaration of J. Kane, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14, #11 Exhibit 15, #12 Exhibit 16, #13 Exhibit 17, #14 Exhibit 18)(Zebrak, Scott) |
| Filing 120 Memorandum in Opposition re #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Shopify Inc.. (Attachments: #1 Declaration of Joshua F.P. Long, #2 Exhibit 1)(Bladow, Laura) |
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Filing 119
ORDER granting #118 Motion for Extension of Time to File. Therefore, it is ORDERED that the deadlines set forth in Parties' Proposed Modified Joint Discovery Plan (Dkt. 45) as implemented by the Court's Rule 16(b) Scheduling Order(Dkt. 46), are modified as followed with respect to experts Sara Benson and Kristofer Buchan: 1. Opening reports of Mr. Buchan and Ms. Benson are due on June 20, 2022. 2. Any rebuttal to these opening reports are due on July 19, 2022. 3. Any sur-rebuttal reports to the foregoing are due on August 3, 2022. No other deadlines are modified by this order. Signed by Magistrate Judge John F. Anderson on 06/07/2022. (wgar, ) Modified on 6/7/2022 to correct typographical error(wgar, ).
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| Filing 118 Joint MOTION for Extension of Deadline for Two Expert Reports by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 117 NOTICE of Appearance by Pietro Sanitate on behalf of Shopify Inc. (Sanitate, Pietro) |
| Filing 116 TRANSCRIPT of proceedings held on 06/03/2022, before Judge John F. Anderson, Court Reporter/Transcriber Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 7/5/2022. Redacted Transcript Deadline set for 8/5/2022. Release of Transcript Restriction set for 9/5/2022. (jlan) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer (clar, ) |
| Set Deadlines as to #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer. Motion Hearing set for 6/10/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| Filing 115 Notice of Hearing Date set for Friday, June 10, 2022 re #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer (Zebrak, Scott) |
| Filing 114 Memorandum in Support re #113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Zebrak, Scott) |
| Filing 113 MOTION for Protective Order Quashing Defendant Shopifys 52 Third-Party Subpoenas & Statement on Meet-and-Confer by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
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Filing 112
ORDER granting #94 MOTION to Seal; and it is further ORDERED Plaintiff's are granted leave to file a REDACTED version of the Reply in Support of Plaintiffs' Third Motion to Compel; and to file UNDER SEAL an un-redacted version of the Reply and accompanying Exhibits 15 to 16; and FURTHER ORDERED that the un-redacted version of the Reply and accompanying Exhibits shall remain SEALED until further order of the Court (see Order for details). Signed by Magistrate Judge John F. Anderson on 6/3/2022. (nneb) Modified on 6/6/2022 (nneb, ).
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Filing 111
ORDER, for the reasons stated from the bench, granting in part and denying in part #101 Motion to Compel. Signed by Magistrate Judge John F. Anderson on 06/03/2022. (wgar, )
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| Filing 110 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 6/3/2022 re #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form filed by Shopify Inc. Appearance of counsel for plaintiffs and defendant. Motion argued and #101 MOTION to Compel - GRANTED IN PART/DENIED IN PART. Order to follow. (Tape #FTR.)(wgar, ) |
| Filing 109 REPLY to Response to Motion re #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form filed by Shopify Inc.. (Bladow, Laura) |
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Filing 108
ORDER granting #89 MOTION to Seal Memorandum in Opposition; and it is further ORDERED that Shopify is granted leave to file a REDACTED version of Shopify's Response in Opposition to Plaintiffs' Third Motion to Compel; and it is FURTHER ORDERED that the un-redacted version of Shopify's Response in Opposition to Plaintiffs' Third Motion to Compel shall remain SEALED until further order of the Court (see Order for details). Signed by Magistrate Judge John F. Anderson on 6/2/2022. (nneb)
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| Filing 107 Memorandum in Opposition re #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Zebrak, Scott) |
| Filing 106 TRANSCRIPT of proceedings held on 05/27/2022, before Judge John F. Anderson, Court Reporter/Transcriber Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 6/30/2022. Redacted Transcript Deadline set for 8/1/2022. Release of Transcript Restriction set for 8/29/2022. (jlan) |
| Filing 105 Memorandum in Support re #94 MOTION to Seal PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS THIRD MOTION TO COMPEL filed by Shopify Inc.. (Attachments: #1 Proposed Order)(Bladow, Laura) |
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Filing 104
ORDERED that the motion is GRANTED, and Plaintiffs are granted leave to file a REDACTED version of the Memorandum in Support of Plaintiffs' Third Motion to Compel; And to file UNDER SEAL an un-redacted version of the Memorandum and accompanying Exhibits 1 to 14. Signed by Magistrate Judge John F. Anderson on 05/31/2022.( see order for details/changes) (nlop,)
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| MOTIONS REFERRED to Magistrate Judge: Anderson. #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form (clar, ) |
| Set Deadlines as to #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form. Motion Hearing set for 6/3/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| Filing 103 Notice of Hearing Date set for 06/03/2022 re #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form (Bladow, Laura) |
| Filing 102 Memorandum in Support re #101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form filed by Shopify Inc.. (Attachments: #1 Declaration of Sarah A. Tomkowiak, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5A, #7 Exhibit 5B, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18)(Bladow, Laura) |
| Filing 101 MOTION to Compel Supplemental Responses to Interrogatory Nos. 4, 11, and 12, and Production of the Copyrighted Works at Issue in a Reasonably Usable Form by Shopify Inc.. (Attachments: #1 Proposed Order)(Bladow, Laura) |
| Filing 100 Memorandum in Support re #81 MOTION to Seal filed by Shopify Inc.. (Attachments: #1 Proposed Order)(Bladow, Laura) |
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Filing 99
This matter is before the court on plaintiffs' motion to compel #78 . Having reviewed the motion, memoranda in support, opposition, and reply, and having considered the arguments of counsel, it is hereby ORDERED that the motion to compel is granted in part and denied in part for the reasons stated from the bench. Signed by Magistrate Judge John F. Anderson on 5/27/22. (tfitz, )
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| Filing 98 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 5/27/2022 re #78 Third MOTION to Compel & Statement on Meet-and-Confer filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. Appearances of counsel. Motion argued and Granted In Part/Denied In Part. Order to Follow. (Tape #FTR.)(tfitz, ) |
| Filing 97 Sealed Reply In Support of #78 Third MOTION to Compel. (Attachments: #1 Exhibit 15, #2 Exhibit 16)(Zebrak, Scott) |
| Filing 96 Notice of Filing Sealing Motion LCvR5(C) by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. re #94 MOTION to Seal PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS THIRD MOTION TO COMPEL (Zebrak, Scott) |
| Filing 95 Memorandum in Support re #94 MOTION to Seal PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS THIRD MOTION TO COMPEL filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 94 MOTION to Seal PLAINTIFFS REPLY IN SUPPORT OF PLAINTIFFS THIRD MOTION TO COMPEL by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 93 RESPONSE in Support re #78 Third MOTION to Compel & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 15 and 16)(Zebrak, Scott) |
| Filing 92 Memorandum in Support re #89 MOTION to Seal Memorandum in Opposition re #78 Third MOTION to Compel filed by Shopify Inc.. (Bladow, Laura) |
| Filing 91 Sealed Document re #89 MOTION to Seal: Memorandum in Opposition re #78 Third MOTION to Compel. (Bladow, Laura) |
| Filing 90 Notice of Filing Sealing Motion LCvR5(C) by Shopify Inc. re #89 MOTION to Seal Memorandum in Opposition re #78 Third MOTION to Compel (Bladow, Laura) |
| Filing 89 MOTION to Seal Memorandum in Opposition re #78 Third MOTION to Compel by Shopify Inc.. (Attachments: #1 Proposed Order)(Bladow, Laura) |
| Filing 88 Memorandum in Opposition re #78 Third MOTION to Compel & Statement on Meet-and-Confer (Redacted) filed by Shopify Inc.. (Attachments: #1 Declaration of Monica Gallant, #2 Declaration of Jessica Stebbins Bina)(Bladow, Laura) |
| Filing 87 NOTICE of Appearance by Joshua Forrest Pescud Long on behalf of Shopify Inc. (Long, Joshua) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #78 Third MOTION to Compel & Statement on Meet-and-Confer (clar, ) |
| Set Deadlines as to #78 Third MOTION to Compel & Statement on Meet-and-Confer. Motion Hearing set for 5/27/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| Filing 86 Sealed Attachment/Exhibit(s) re #84 Sealed Memorandum in Support. (Attachments: #1 Exhibit 1-A, #2 Exhibit 1-B, #3 Exhibit 1-C, #4 Exhibit 1-D, #5 Exhibit 1-D continued, #6 Exhibit 1-E, #7 Exhibit 1-F, #8 Exhibit 1-G, #9 Exhibit 1-H, #10 Exhibit 1-I, #11 Exhibit 1-J, #12 Exhibit 1-K, #13 Exhibit 1-K continued)(Zebrak, Scott) |
| Filing 85 Sealed Attachment/Exhibit(s) re #84 Sealed Memorandum in Support. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14)(Zebrak, Scott) |
| Filing 84 Sealed Memorandum in Support re #78 Third MOTION to Compel & Statement on Meet-and-Confer. (Zebrak, Scott) |
| Filing 83 Notice of Filing Sealing Motion LCvR5(C) by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. (Zebrak, Scott) |
| Filing 82 Memorandum in Support re #81 MOTION to Seal filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 81 MOTION to Seal by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 80 Notice of Hearing Date set for Friday, May 27, 2022 re #78 Third MOTION to Compel & Statement on Meet-and-Confer (Zebrak, Scott) |
| Filing 79 Memorandum in Support re #78 Third MOTION to Compel & Statement on Meet-and-Confer filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit)(Zebrak, Scott) |
| Filing 78 Third MOTION to Compel & Statement on Meet-and-Confer by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
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Filing 77
ORDER granting #76 Motion for Pro hac vice Appointed Melanie Grindle for Shopify Inc. Signed by District Judge Claude M. Hilton on 5/19/2022. (kgall)
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| Filing 76 Motion to appear Pro Hac Vice by Melanie Grindle and Certification of Local Counsel Laura E. Bladow Filing fee $ 75, receipt number AVAEDC-8392127. by Shopify Inc.. (Bladow, Laura) |
| Filing 75 NOTICE of Appearance by Laura Elizabeth Bladow on behalf of Shopify Inc. (Bladow, Laura) |
| Filing 74 TRANSCRIPT of Motions Hearing proceedings held on April 29, 2022, before Judge John F. Anderson, Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. Tape Number: FTR Gold. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 6/6/2022. Redacted Transcript Deadline set for 7/6/2022. Release of Transcript Restriction set for 8/4/2022.(egal, julie) |
| Filing 73 NOTICE by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. re #1 Complaint, Notice of Submission of Amended Exhibit A to Complaint (Attachments: #1 Amended Exhibit A to Complaint)(Zebrak, Scott) |
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Filing 72
ORDER, for the reasons stating from the bench, granting in part and denying in part #52 , #55 , #60 Motions to Compel. Signed by Magistrate Judge John F. Anderson on 04/29/2022. (wgar, )
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| Filing 71 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Motion Hearing held on 4/29/2022 re #55 MOTION to Compel filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc., #52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production filed by Shopify Inc., #60 Second MOTION to Compel filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. Appearance of counsel for plaintiffs and defendant. Motions argued and #52 , #55 , #60 Motions to Compel - GRANTED IN PART/DENIED IN PART. Order to follow. (Tape #FTR.)(wgar, ) |
| Filing 70 Reply to Motion re #60 Second MOTION to Compel filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Declaration of Corey Miller)(Zebrak, Scott) |
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Filing 69
ORDER granting #65 Motion for Electronic Device Application (see Order for details). Signed by Magistrate Judge John F. Anderson on 4/28/2022. (swil)
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| Filing 68 Memorandum in Opposition re #60 Second MOTION to Compel filed by Shopify Inc.. (Attachments: #1 Declaration of Monica Gallant, #2 Declaration of Elizabeth Greenman)(Johnson, David) |
| Filing 67 Reply to Motion re #52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production filed by Shopify Inc.. (Attachments: #1 Declaration of Jessica Stebbins Bina, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Johnson, David) |
| Filing 66 RESPONSE in Support re #55 MOTION to Compel filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 65 MOTION for Electronic Device Application by Shopify Inc.. (Johnson, David) |
| Set Deadlines as to #60 Second MOTION to Compel . Motion Hearing set for 4/29/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (clar, ) |
| MOTIONS REFERRED to Magistrate Judge: Anderson. #60 Second MOTION to Compel (clar, ) |
| Filing 64 Memorandum in Opposition re #55 MOTION to Compel filed by Shopify Inc.. (Attachments: #1 Declaration of Monica Gallant, #2 Declaration of Jessica Stebbins Bina)(Johnson, David) |
| Filing 63 Opposition to #52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier Inc., McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Declaration)(Zebrak, Scott) |
| Filing 62 Notice of Hearing Date April 29, 2022 re #60 Second MOTION to Compel (Zebrak, Scott) |
| Filing 61 Memorandum in Support re #60 Second MOTION to Compel filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Zebrak, Scott) |
| Filing 60 Second MOTION to Compel by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiffs' Second Motion to Compel)(Zebrak, Scott) |
| Filing 59 Memorandum in Support re #55 MOTION to Compel CORRECTED filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
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Filing 58
ORDER - This matter is before the court on the parties' motions to compel, filed on Friday, April 15, 2022. (Docket nos. 52, 55). The hearing on these motions is hereby continued to Friday, April 29, 2022 at 10:00 a.m. Oppositions to the motions shall be filed by Friday, April 22, 2022, and any replies shall be due by Tuesday, April 26, 2022. Counsel are reminded that copies of all pleadings must be delivered to the Clerk's Office to the attention of the undersigned on the next business day after filing, pursuant to the Alexandria Division rules.. Signed by Magistrate Judge John F. Anderson on 4/18/2022. (lgue, )
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| Reset Deadlines as to #52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production, #55 MOTION to Compel . Motion Hearing reset for 4/29/2022 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. (lgue) |
| Filing 57 Notice of Hearing Date on Plaintiffs' Motion to Compel set for Friday, April 22, 2022 re #55 MOTION to Compel (Zebrak, Scott) |
| Filing 56 Memorandum in Support re #55 MOTION to Compel filed by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Zebrak, Scott) |
| Filing 55 MOTION to Compel by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
| Filing 54 Notice of Hearing Date set for 04/22/2022 re #52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production (Johnson, David) |
| Filing 53 Memorandum in Support re #52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production filed by Shopify Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Johnson, David) |
| Filing 52 MOTION to Compel Production of Documents Responsive to Shopify's First Set of Requests for Production by Shopify Inc.. (Attachments: #1 Proposed Order)(Johnson, David) |
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Filing 51
ORDER granting #39 Motion for Pro hac vice Appointed Sarah Tomkowiak for Shopify Inc.. Signed by District Judge Claude M. Hilton on 04/04/2022. (clar, )
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Filing 50
PROTECTIVE ORDER: RE Handling and Labeling of Confidential Information. Signed by Magistrate Judge John F. Anderson on 03/31/2022. SEE ORDER FOR FURTHER DETAILS. (wgar, )
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| Filing 49 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Protective Order by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
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Filing 48
So Ordered re #47 Joint MOTION for Approval of the Protocol for Producing Documents and ESI filed by Elsevier B.V., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., McGraw Hill LLC, Pearson Education, Inc., Elsevier Inc. (see Order for details). Signed by Magistrate Judge John F. Anderson on 3/30/2022. (swil)
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| Filing 47 Joint MOTION for Approval of the Protocol for Producing Documents and ESI by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Attachments: #1 Proposed Order)(Zebrak, Scott) |
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Filing 46
Order Rule 16(b) Scheduling Order. Upon consideration of the representations made by the parties in their Proposed Modified Joint Discovery Plan Pursuant to Rule 26(f) ("Joint Discovery Plan") (Docket no. 45) and at the initial pretrial conference held on March 23, 2022, and taking note of the Scheduling Order entered in this case (Docket no. 33), the court makes the following rulings: 1. All discovery shall be concluded by August 12, 2022. The final pretrial conference is continued to August 18, 2022 at 10:00 a.m. before the District Judge. 2. The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. See order for further details. Signed by Magistrate Judge John F. Anderson on 3/29/2022. (lgue, )
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| Filing 45 Proposed Modified Joint Discovery Plan Pursuant to Rule 26(f) Discovery Plan by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc..(Zebrak, Scott) |
| Filing 44 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:Initial Pretrial Conference held on 3/23/2022 via ZoomGov. Appearance of counsel for plaintiffs and defendant. Parties to submit a modified discovery plan as discussed. (wgar, ) |
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Filing 43
ORDER granting #38 Motion for Pro hac vice Appointed Jeffery Walter Kane for Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning,Jeffery Walter Kane for Cengage Learning, Inc.,Jeffery Walter Kane for Elsevier B.V.,Jeffery Walter Kane for Elsevier Inc.,Jeffery Walter Kane for Macmillan Holdings, LLC,Jeffery Walter Kane for McGraw Hill LLC,Jeffery Walter Kane for Pearson Education, Inc.. Signed by District Judge Claude M. Hilton on 3/21/2022. (clar, )
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Filing 42
ORDER granting #37 Motion for Pro hac vice Appointed Elizabeth Greenman for Shopify Inc.. Signed by District Judge Claude M. Hilton on 3/21/2022. (clar, )
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Filing 41
ORDER granting #36 Motion for Pro hac vice Appointed Nicholas Schlossman for Shopify Inc.. Signed by District Judge Claude M. Hilton on 3/21/2022. (clar, )
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| Initial Pretrial Conference reset for 3/23/2022 at 10:15 AM in Alexandria Remote before Magistrate Judge John F. Anderson. (wgar, ) |
| Filing 40 Proposed Joint Discovery Plan Pursuant to Rule 26(f) Discovery Plan by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc..(Zebrak, Scott) |
| Filing 39 Motion to appear Pro Hac Vice by Sarah Tomkowiak and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8295580. by Shopify Inc.. (Johnson, David) |
| Filing 38 Motion to appear Pro Hac Vice by Jeffery Kane and Certification of Local Counsel Scott Zebrak Filing fee $ 75, receipt number AVAEDC-8295523. by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 37 Motion to appear Pro Hac Vice by Elizabeth A. Greenman and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8295160. by Shopify Inc.. (Johnson, David) |
| Filing 36 Motion to appear Pro Hac Vice by Nicholas L. Schlossman and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8295136. by Shopify Inc.. (Johnson, David) |
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Filing 35
ORDER granting #34 Motion for Pro hac vice Appointed Corey Michael Sclar Miller for Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning,Corey Michael Sclar Miller for Cengage Learning, Inc.,Corey Michael Sclar Miller for Elsevier B.V.,Corey Michael Sclar Miller for Elsevier Inc.,Corey Michael Sclar Miller for Macmillan Holdings, LLC,Corey Michael Sclar Miller for McGraw Hill LLC,Corey Michael Sclar Miller for Pearson Education, Inc.. Signed by District Judge Claude M. Hilton on 03/08/2022. (clar, )
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| Filing 34 Motion to appear Pro Hac Vice by Corey Michael Sclar Miller and Certification of Local Counsel Scott A. Zebrak Filing fee $ 75, receipt number AVAEDC-8269838. by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
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Filing 33
SCHEDULING ORDER: Initial Pretrial Conference set for 3/23/2022 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge John F. Anderson. Final Pretrial Conference set for 7/21/2022 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 7/15/2022. Signed by District Judge Claude M. Hilton on 3/1/2022. (Attachments: #1 Pretrial Notice, #2 Magistrate Consent Form)(kgall)
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Filing 32
ORDER granting #28 Motion for Pro hac vice Appointed Sarang Vijay Damle for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 2/4/2022. (clar, )
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Filing 31
ORDER granting #29 Motion for Pro hac vice Appointed Jessica Lyn Stebbins Bina for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 2/4/2022. (clar, )
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| Filing 30 ANSWER to Complaint by Shopify Inc..(Johnson, David) |
| Filing 29 Motion to appear Pro Hac Vice by Jessica Stebbins Bina and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8216223. by Shopify Inc.. (Johnson, David) |
| Filing 28 Motion to appear Pro Hac Vice by Sarang Damle and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8172377. by Shopify Inc.. (Johnson, David) |
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Filing 27
ORDER denying #17 Motion for Pro hac vice. Signed by Magistrate Judge John F. Anderson on 12/20/21. (clar, )
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Filing 26
ORDER granting #18 Motion for Pro hac vice Appointed Elana Nightingale Dawson for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 12/20/2021. (clar, )
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Filing 25
ORDER granting #16 Motion for Pro hac vice Appointed Allison Levine Stillman for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 12/20/2021. (clar, )
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Filing 24
ORDER granting #15 Motion for Pro hac vice Appointed Joseph Richard Wetzel for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 12/20/2021. (clar, )
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Filing 23
ORDER granting #14 Motion for Pro hac vice Appointed Andrew Michael Gass for Shopify Inc.. Signed by Magistrate Judge John F. Anderson on 12/20/2021. (clar, )
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Filing 22
ORDER granting #21 Motion for Extension of Time to Answer. UPON CONSIDERATION of Defendant Shopify Inc. 's Consent Motion for Extension of Time to Respond to Complaint, the Court, finding that good cause exists for a consented to, limited extension of time, hereby GRANTS Defendant's Motion and extends the deadline for Defendant to answer or otherwise respond to the Complaint to and through January 28, 2022. Signed by Magistrate Judge John F. Anderson on 12/20/2021. (wgar, )
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| Filing 21 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Shopify Inc.. (Attachments: #1 Proposed Order)(Johnson, David) |
| Filing 20 STIPULATION Regarding Service of Process (Joint) by Shopify Inc.. (Johnson, David) |
| Filing 19 Corporate Disclosure Statement by Shopify Inc.. (Johnson, David) |
| Filing 18 Motion to appear Pro Hac Vice by Elana Nightingale Dawson and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8160940. by Shopify Inc.. (Johnson, David) |
| Filing 17 Motion to appear Pro Hac Vice by Sarang Vijay Damle and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8160939. by Shopify Inc.. (Johnson, David) |
| Filing 16 Motion to appear Pro Hac Vice by Allison Levine Stillman and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8160938. by Shopify Inc.. (Johnson, David) |
| Filing 15 Motion to appear Pro Hac Vice by Joseph Richard Wetzel and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8160937. by Shopify Inc.. (Johnson, David) |
| Filing 14 Motion to appear Pro Hac Vice by Andrew Michael Gass and Certification of Local Counsel David L. Johnson Filing fee $ 75, receipt number AVAEDC-8160936. by Shopify Inc.. (Johnson, David) |
| Filing 13 NOTICE of Appearance by David Lee Johnson on behalf of Shopify Inc. (Johnson, David) |
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Filing 12
ORDER granting #9 Motion for Pro hac vice Appointed Michele Harrington Murphy for Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning,Michele Harrington Murphy for Cengage Learning, Inc.,Michele Harrington Murphy for Elsevier B.V.,Michele Harrington Murphy for Elsevier Inc.,Michele Harrington Murphy for Macmillan Holdings, LLC,Michele Harrington Murphy for McGraw Hill LLC,Michele Harrington Murphy for Pearson Education, Inc.. Signed by Magistrate Judge John F. Anderson on 12/16/2021. (clar, )
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Filing 11
ORDER granting #10 Motion for Pro hac vice Appointed Matthew Jan Oppenheim for Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning,Matthew Jan Oppenheim for Cengage Learning, Inc.,Matthew Jan Oppenheim for Elsevier B.V.,Matthew Jan Oppenheim for Elsevier Inc.,Matthew Jan Oppenheim for Macmillan Holdings, LLC,Matthew Jan Oppenheim for McGraw Hill LLC,Matthew Jan Oppenheim for Pearson Education, Inc.. Signed by Magistrate Judge John F. Anderson on 12/16/2021. (clar, )
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| Filing 10 Motion to appear Pro Hac Vice by Matthew J. Oppenheim and Certification of Local Counsel Scott A. Zebrak Filing fee $ 75, receipt number AVAEDC-8157044. by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 9 Motion to appear Pro Hac Vice by Michele H. Murphy and Certification of Local Counsel Scott A. Zebrak Filing fee $ 75, receipt number AVAEDC-8156999. by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 8 Summons Issued as to Shopify Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice of Suit) (lber) |
| Filing 7 Corporate Disclosure Statement by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 6 Proposed Summons CORRECTED by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 5 NOTICE by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. re #1 Complaint, ATTACHMENT to Civil Cover Sheet (Zebrak, Scott) |
| Filing 4 NOTICE by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. re #1 Complaint, Report on the Filing of an action regarding trademarks (Attachments: #1 Attachment A)(Zebrak, Scott) |
| Filing 3 NOTICE by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc. re #1 Complaint, Report on the Filing or Determination of an Action or Appeal Regarding a Copyright (Attachments: #1 Attachment A)(Zebrak, Scott) |
| Filing 2 Proposed Summons by Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Cengage Learning, Inc., Elsevier B.V., Elsevier Inc., Macmillan Holdings, LLC, McGraw Hill LLC, Pearson Education, Inc.. (Zebrak, Scott) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8129157.), filed by McGraw Hill LLC, Cengage Learning, Inc., Pearson Education, Inc., Macmillan Holdings, LLC, Bedford, Freeman & Worth Publishing Group, LLC d/b/a Macmillan Learning, Elsevier Inc., Elsevier B.V.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A Copyrighted Works, #3 Exhibit Exhibit B Trademarks)(Zebrak, Scott) |
| Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge John F. Anderson. (dvanm, ) |
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