Case details

Court: nysd
Docket #: 1:11-cv-01416
Case Name: Psihoyos v. John Wiley & Sons, Inc.
PACER case #: 375867
Date filed: 2011-03-01
Date of last filing: 2012-09-28
Assigned to: Judge J. Paul Oetken
Referred to: Magistrate Judge Michael H. Dolinger (Settlement)
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Louis Psihoyos
Plaintiff
 
Danial A. Nelson
Nelson & McCulloch LLP
The Chrysler Building
405 Lexingston Aveune
26th Floor
New York, NY 10174
212-907-6677
Fax: (646) 308-1178
Email: dnelson@nelsonmcculloch.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin Patrick McCulloch
Nelson & McCulloch LLP
405 Lexington Ave.
26th floor
New York, NY 10174
212-907-6677
Fax: (646)-308-1178
Email: kmcculloch@nelsonmcculloch.com
ATTORNEY TO BE NOTICED
John Wiley & Sons, Inc.
Defendant
 
Ashima Aggarwal
John Wiley & Sons, Inc.,
111 River Street,
Mail Stop 3-05
Hoboken, NJ 07030
(201)748-6446
Fax: (201)748-6500
Email: aaggarwa@wiley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher Perry Beall
Levine, Sullivan, Koch & Schulz, LLP(NYC)
321 West 44th Street
Suite 1000
New York, NY 10036
(212)-850-6113
Fax: (212)-850-6299
Email: cbeall@lskslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph John Barker
John Wiley & Sons, Inc.
111 River Street
Hoboken, NJ 07030
(201) 748-7862
Fax: (201) 748-6500
Email: jobarker@wiley.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Penchina
Levine, Sullivan, Koch & Schulz, LLP(NYC)
321 West 44th Street
Suite 1000
New York, NY 10036
212-850-6109
Fax: 212-850-6299
Email: rpenchina@lskslaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-03-01 1 0 Complaint COMPLAINT against John Wiley & Sons, Inc. (Filing Fee $ 350.00, Receipt Number 930834)Document filed by Louis Psihoyos.(ama) (Entered: 03/02/2011)
2011-03-08 2 0 Notice of Appearance NOTICE OF APPEARANCE by Ashima Aggarwal on behalf of John Wiley & Sons, Inc. (Aggarwal, Ashima) (Entered: 03/08/2011)
2011-03-08 3 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Wiley & Sons, Inc..(Aggarwal, Ashima) (Entered: 03/08/2011)
2011-03-08 4 0 Notice of Appearance NOTICE OF APPEARANCE by Joseph John Barker on behalf of John Wiley & Sons, Inc. (Barker, Joseph) (Entered: 03/08/2011)
2011-03-08 5 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE of Summons and Complaint. John Wiley & Sons, Inc. served on 3/2/2011, answer due 3/23/2011. Service was accepted by AIXA FLORES - AGENT. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 03/08/2011)
2011-03-15 6 0 Order NOTICE OF COURT CONFERENCE Case Management Conference set for 4/14/2011 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 3/15/11) (cd) (Entered: 03/15/2011)
2011-03-23 7 0 Answer to Complaint ANSWER to Complaint. Document filed by John Wiley & Sons, Inc..(Aggarwal, Ashima) (Entered: 03/23/2011)
2011-04-19 8 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Theodore H. Katz. ENDORSEMENT: All dates and deadlines on the Case Management Plan, signed 4/14/2011 shall remain in place. (Signed by Judge Jed S. Rakoff on 4/14/2011) (jpo) (Entered: 04/19/2011)
2011-04-19 9 0 Case Management Plan CASE MANAGEMENT PLAN: Amended Pleadings due by 6/27/2011. Joinder of Parties due by 6/27/2011. Motions due by 8/17/2011. Responses due by 8/31/2011 Replies due by 9/7/2011. Deposition due by 8/10/2011. Discovery due by 8/10/2011. Final Pretrial Conference set for 9/14/2011 at 04:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/14/2011) (jpo) (Entered: 04/19/2011)
2011-04-25 10 0 Protective Order PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 4/22/2011) (jpo) (Entered: 04/25/2011)
2011-05-23 11 0 Amended Answer to Complaints AMENDED ANSWER to 1 Complaint. Document filed by John Wiley & Sons, Inc.. (Aggarwal, Ashima) (Entered: 05/23/2011)
2011-06-15 12 0 Motion for Preliminary Injunction MOTION for Preliminary Injunction. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 06/15/2011)
2011-07-06 13 0 Memorandum of Law in Support of Motion FIRST MEMORANDUM OF LAW in Support re: 12 MOTION for Preliminary Injunction.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 07/06/2011)
2011-07-06 14 0 Declaration in Support of Motion DECLARATION of Danial A. Nelson in Support re: 12 MOTION for Preliminary Injunction.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 07/06/2011)
2011-07-06 15 0 Declaration in Support of Motion DECLARATION of Danial A. Nelson in Support re: 12 MOTION for Preliminary Injunction.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 07/06/2011)
2011-07-25 16 0 Memorandum of Law in Opposition to Motion FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: 12 MOTION for Preliminary Injunction. Document filed by John Wiley & Sons, Inc. (Attachments: # 1 Affidavit Declaration of Ashima Aggarwal with Exhibits 1-3, # 2 Affidavit Declaration of Hilary Newman with Exhibits 1-3, # 3 Affidavit Declaration of Howard Weiner, # 4 Affidavit Declaration of Lisa Suarez)(Aggarwal, Ashima) Modified on 7/26/2011 (ldi). (Entered: 07/25/2011)
2011-07-26 17 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 12 MOTION for Preliminary Injunction.. Document filed by John Wiley & Sons, Inc.. (Aggarwal, Ashima) (Entered: 07/26/2011)
2011-07-26 18 0 Declaration in Opposition to Motion DECLARATION of Ashima Aggarwal in Opposition re: 12 MOTION for Preliminary Injunction.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit Aggarwal Declaration Exhibit 1, # 2 Exhibit Aggarwal Declaration Exhibit 2, # 3 Exhibit Aggarwal Declaration Exhibit 3)(Aggarwal, Ashima) (Entered: 07/26/2011)
2011-07-26 19 0 Declaration in Opposition to Motion DECLARATION of Hilary Newman in Opposition re: 12 MOTION for Preliminary Injunction.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit Newman Declaration Exhibit 1, # 2 Exhibit Newman Declaration Exhibit 2, # 3 Exhibit Newman Declaration Exhibit 3)(Aggarwal, Ashima) (Entered: 07/26/2011)
2011-07-26 20 0 Declaration in Opposition to Motion DECLARATION of Howard Weiner in Opposition re: 12 MOTION for Preliminary Injunction.. Document filed by John Wiley & Sons, Inc.. (Aggarwal, Ashima) (Entered: 07/26/2011)
2011-07-26 21 0 Declaration in Opposition to Motion DECLARATION of Lisa Suarez in Opposition re: 12 MOTION for Preliminary Injunction.. Document filed by John Wiley & Sons, Inc.. (Aggarwal, Ashima) (Entered: 07/26/2011)
2011-08-01 22 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 12 MOTION for Preliminary Injunction.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 08/01/2011)
2011-08-10 23 0 Notice of Appearance NOTICE OF APPEARANCE by Robert Penchina on behalf of John Wiley & Sons, Inc. (Penchina, Robert) (Entered: 08/10/2011)
2011-08-10 24 0 Notice of Appearance NOTICE OF APPEARANCE by Christopher Perry Beall on behalf of John Wiley & Sons, Inc. (Beall, Christopher) (Entered: 08/10/2011)
2011-08-12 25 0 Order on Motion for Preliminary Injunction ORDER denying 12 Motion for Preliminary Injunction. For reasons that will be explained in a forthcoming written opinion, plaintiff's motion is hereby denied. The Clerk of Court is directed to close item number 12 on the docket of this case. (Signed by Judge Jed S. Rakoff on 8/11/2011) (mbe) (Entered: 08/12/2011)
2011-08-17 26 0 Motion for Summary Judgment MOTION for Summary Judgment. Document filed by John Wiley & Sons, Inc.. Responses due by 8/31/2011 Return Date set for 9/14/2011 at 04:30 PM.(Penchina, Robert) (Entered: 08/17/2011)
2011-08-17 27 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment.. Document filed by John Wiley & Sons, Inc.. (Penchina, Robert) (Entered: 08/17/2011)
2011-08-17 28 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by John Wiley & Sons, Inc.. (Penchina, Robert) (Entered: 08/17/2011)
2011-08-17 29 0 Declaration in Support of Motion DECLARATION of Lisa Suarez in Support re: 26 MOTION for Summary Judgment.. Document filed by John Wiley & Sons, Inc.. (Penchina, Robert) (Entered: 08/17/2011)
2011-08-17 30 0 Declaration in Support of Motion DECLARATION of Hilary Newman in Support re: 26 MOTION for Summary Judgment.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit 1)(Penchina, Robert) (Entered: 08/17/2011)
2011-08-17 31 0 Declaration in Support of Motion DECLARATION of Ashima Aggarwal in Support re: 26 MOTION for Summary Judgment.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, part 1, # 6 Exhibit 5, part 2, # 7 Exhibit 6, part 1, # 8 Exhibit 6, part 2, # 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, # 21 Exhibit 19, # 22 Exhibit 20)(Penchina, Robert) (Entered: 08/17/2011)
2011-08-23 32 0 Transcript TRANSCRIPT of Proceedings re: MOTION held on 8/9/2011 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/16/2011. Redacted Transcript Deadline set for 9/26/2011. Release of Transcript Restriction set for 11/24/2011.(McGuirk, Kelly) (Entered: 08/23/2011)
2011-08-23 33 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 8/9/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/23/2011)
2011-08-31 34 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 26 MOTION for Summary Judgment.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 08/31/2011)
2011-08-31 35 0 Affidavit in Opposition to Motion AFFIDAVIT of Louis Psihoyos in Opposition re: 26 MOTION for Summary Judgment.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 08/31/2011)
2011-08-31 36 0 Affidavit in Opposition to Motion AFFIDAVIT of Charlie Sliwoski in Opposition re: 26 MOTION for Summary Judgment.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 08/31/2011)
2011-09-01 37 0 Counter Statement to Rule 56.1 COUNTER STATEMENT TO 28 Rule 56.1 Statement. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 09/01/2011)
2011-09-01 38 0 Declaration in Opposition to Motion FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Danial A. Nelson in Opposition re: 26 MOTION for Summary Judgment. Document filed by Louis Psihoyos. (Nelson, Danial) Modified on 9/1/2011 (ka). (Entered: 09/01/2011)
2011-09-01 39 0 Declaration in Support of Motion DECLARATION of Danial A. Nelson in Support re: 26 MOTION for Summary Judgment.. Document filed by Louis Psihoyos. (Attachments: # 1 Exhibit 1-14, # 2 Exhibit 15, # 3 Exhibit 16-25, # 4 Exhibit 26-30)(Nelson, Danial) (Entered: 09/01/2011)
2011-09-07 40 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 09/07/2011)
2011-09-07 41 0 Declaration in Support of Motion DECLARATION of Ashima Aggarwal in Support re: 26 MOTION for Summary Judgment.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22)(Beall, Christopher) (Entered: 09/07/2011)
2011-09-07 42 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 09/07/2011)
2011-09-21 43 0 Order on Motion for Summary Judgment ORDER: Pending before the Court is defendant's motion for summary judgment in the above captioned case. For reasons that will be explained in a forthcoming written opinion, defendant's motion is granted in part and Defendant' denied in part. After careful consideration of the parties' arguments, plaintiff is hereby given leave to amend his complaint to fix the "scrivener's errors" (but not otherwise to amend the complaint), provided he files his amended complaint by no later than September 30, 2011. Though discovery is otherwise closed, defendant(and only defendant) may have additional discovery on any matters reasonably relating to plaintiff's amendments up through (but no later than) October 14, 2011. The parties are directed to convene a joint telephone conference with the Court by no later than September 22, 2011 in order to schedule a Final Pretrial Conference. The Clerk of the Court is directed to close item number 26 on the docket of this case. (Signed by Judge Jed S. Rakoff on 9/19/2011) (rdz) (Entered: 09/21/2011)
2011-09-30 44 0 Notice of Case Assignment/Reassignment NOTICE OF CASE ASSIGNMENT to Judge J. Paul Oetken. Judge Jed S. Rakoff is no longer assigned to the case. (sjo) (Entered: 09/30/2011)
2011-09-30 45 0 Amended Complaint AMENDED COMPLAINT amending 1 Complaint against John Wiley & Sons, Inc. with JURY DEMAND.Document filed by Louis Psihoyos. Related document: 1 Complaint filed by Louis Psihoyos.(cd) (cd). (Entered: 10/03/2011)
2011-10-04 46 0 Order MEMORANDUM: For the foregoing reasons, the Court, by Order dated August 11, 2011, denied plaintiff's motion for a preliminary injunction. (Signed by Judge Jed S. Rakoff on 10/3/2011) (js) (Entered: 10/04/2011)
2011-10-14 47 0 Order MEMORANDUM. For the reasons in this memorandum, the Court reaffirms its September 19, 2011 Order granting defendant's motion for summary judgment in part and denying the motion in part. (Signed by Judge Jed S. Rakoff on 10/13/11) (rjm) (Entered: 10/17/2011) 2013-02-02 13:05:29 77cb6d480f46924755c2af90eb08358783eda531
2011-10-17 48 0 Answer to Amended Complaint ANSWER to 45 Amended Complaint. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) (Entered: 10/17/2011)
2011-10-17 49 0 Motion for Reconsideration MOTION for Reconsideration re; 43 Order on Motion for Summary Judgment,,,, 47 Order. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 10/17/2011)
2011-10-17 50 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 49 MOTION for Reconsideration re; 43 Order on Motion for Summary Judgment,,,, 47 Order.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 10/17/2011)
2011-10-31 51 0 Order ORDER: The pre-trial conference scheduled for October 31, 2011 at 4:30 p.m. is hereby adjourned sine die. A pre-trial conference will be set upon the resolution of Plaintiff's motion for reconsideration of the Court's Order partially granting summary judgment to Defendant. (Dckt. Entry No. 49). (Signed by Judge J. Paul Oetken on 10/31/2011) (cd) (Entered: 10/31/2011)
2011-11-03 52 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 49 MOTION for Reconsideration re; 43 Order on Motion for Summary Judgment,,,, 47 Order.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 11/03/2011)
2011-11-29 53 0 Order on Motion for Reconsideration MEMORANDUM ORDER: denying 49 Motion for Reconsideration. Accordingly, plaintiff's motion for reconsideration is hereby denied and the improper aspects of its newest complaint are hereby stricken. The Clerk of the Court is directed to close document number 49 on the docket sheet of this case.. (Signed by Judge Jed S. Rakoff on 11/21/2011) (js) (Entered: 11/29/2011)
2012-03-23 54 0 Order ORDER: Status Conference set for 4/2/2012 at 02:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 3/22/2012) (cd) (Entered: 03/23/2012)
2012-05-08 55 0 Transcript TRANSCRIPT of Proceedings re: CONFERENCE held on 4/11/2012 before Judge J. Paul Oetken. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(McGuirk, Kelly) (Entered: 05/08/2012)
2012-05-08 56 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/08/2012)
2012-06-15 57 0 Trial Brief TRIAL BRIEF. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) (Entered: 06/15/2012)
2012-06-15 58 0 Motion in Limine FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine. Document filed by John Wiley & Sons, Inc. Return Date set for 6/28/2012 at 04:00 PM. (Attachments: # 1 Memorandum of Law in support of Motion in Limine, # 2 Aggarwal Declaration, # 3 Cincilla Declaration, # 4 Eikenburg Declaration, # 5 Gewirtz Declaration)(Beall, Christopher) Modified on 6/18/2012 (db). (Entered: 06/15/2012)
2012-06-15 59 0 Proposed Jury Instructions FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED JURY INSTRUCTIONS. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) Modified on 6/18/2012 (ka). (Entered: 06/15/2012)
2012-06-15 60 0 Proposed Voir Dire Questions PROPOSED VOIR DIRE QUESTIONS. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) (Entered: 06/15/2012)
2012-06-15 61 0 Notice (Other) FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of of Defendant's Rule 26(a)(3)(B) Objections. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) Modified on 6/18/2012 (ka). (Entered: 06/15/2012)
2012-06-15 62 0 Motion in Limine MOTION in Limine. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 06/15/2012)
2012-06-15 63 0 Memorandum of Law in Opposition to Motion FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #64) - MEMORANDUM OF LAW in Opposition re: 62 MOTION in Limine.. Document filed by Louis Psihoyos. (Nelson, Danial) Modified on 6/22/2012 (ldi). (Entered: 06/15/2012)
2012-06-15 64 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 62 MOTION in Limine.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 06/15/2012)
2012-06-15 65 0 Declaration in Support of Motion DECLARATION of Danial Nelson in Support re: 62 MOTION in Limine.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 06/15/2012)
2012-06-15 66 0 Joint Final Trial Report JOINT FINAL TRIAL REPORT. Document filed by John Wiley & Sons, Inc., Louis Psihoyos.(Nelson, Danial) (Entered: 06/15/2012)
2012-06-15 67 0 Proposed Voir Dire Questions PROPOSED VOIR DIRE QUESTIONS. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 06/15/2012)
2012-06-15 68 0 Proposed Jury Instructions FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED JURY INSTRUCTIONS. Document filed by Louis Psihoyos.(Nelson, Danial) Modified on 6/18/2012 (ka). (Entered: 06/15/2012)
2012-06-18 69 0 Request to Charge REQUEST TO CHARGE. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 70 0 Request to Charge REQUEST TO CHARGE. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 06/18/2012)
2012-06-18 71 0 Objection (non-motion) Objection under Fed R Civ P 26(a)(3)(B), to Plaintiff's Exhibit List. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 72 0 Motion in Limine MOTION in Limine. Document filed by John Wiley & Sons, Inc.. Return Date set for 6/28/2012 at 04:00 PM.(Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 73 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 72 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 74 0 Declaration in Support of Motion DECLARATION of Ashima Aggarwal in Support re: 72 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 75 0 Declaration in Support of Motion DECLARATION of Cherie Cincilla in Support re: 72 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 76 0 Declaration in Support of Motion DECLARATION of Ensley Eikenburg in Support re: 72 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/18/2012)
2012-06-18 77 0 Declaration in Support of Motion DECLARATION of Alden Gewirtz in Support re: 72 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/18/2012)
2012-06-22 78 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 72 MOTION in Limine.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 06/22/2012) 2012-07-24 18:45:34 377dd6d22781ddf240a3c939ecbdd89fdea7c05f
2012-06-22 79 0 Declaration in Opposition to Motion DECLARATION of Danial Nelson in Opposition re: 72 MOTION in Limine.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 06/22/2012)
2012-06-22 80 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 62 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 06/22/2012)
2012-06-22 81 0 Declaration in Opposition to Motion DECLARATION of Christopher P. Beall in Opposition re: 62 MOTION in Limine.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Beall, Christopher) (Entered: 06/22/2012)
2012-06-22 82 0 Opposition Brief OPPOSITION BRIEF re: 57 Trial Brief. Document filed by Louis Psihoyos. (Attachments: # 1 Appendix A - Claims and Defenses Chart)(Nelson, Danial) (Entered: 06/22/2012) 2012-07-24 18:40:24 5d31a4f10fb7e9d9ad7b08d3595d90150092cd89
82 1 Appendix A - Claims and Defenses Chart
2012-06-29 83 0 Notice (Other) NOTICE of Plaintiff's Rule 26(a)(3)(B) Objections to Defendant's Proposed Exhibits at Trial re: 66 Joint Final Trial Report. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 06/29/2012)
2012-07-06 84 0 Notice of Redesignation to Magistrate Judge NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Michael H. Dolinger. Please note that this is a reassignment of the designation only. (pgu) (Entered: 07/06/2012)
2012-07-06 85 0 Notice of Reassignment of Referral to Magistrate Judge NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Michael H. Dolinger, for Settlement. Magistrate Judge Theodore H. Katz no longer referred to the case. (pgu) (Entered: 07/06/2012)
2012-07-06 86 0 Witness List WITNESS LIST. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 07/06/2012)
2012-07-16 87 0 Transcript TRANSCRIPT of Proceedings re: CONFERENCE held on 6/28/2012 before Judge J. Paul Oetken. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly) (Entered: 07/16/2012)
2012-07-16 88 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/28/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/16/2012)
2012-07-27 89 0 Request to Charge REQUEST TO CHARGE. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) (Entered: 07/27/2012)
2012-08-06 90 0 Motion for Attorney Fees MOTION for Attorney Fees. Document filed by Louis Psihoyos.(Nelson, Danial) (Entered: 08/06/2012) 2012-12-03 14:48:37 031afc567eebfcad3c4319412cc721eb23d23286
2012-08-06 91 0 Declaration in Support of Motion DECLARATION of Kevin McCulloch in Support re: 90 MOTION for Attorney Fees.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 08/06/2012)
2012-08-17 92 0 Transcript TRANSCRIPT of Proceedings re: HEARING held on 7/24/2012 before Judge J. Paul Oetken. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2012. Redacted Transcript Deadline set for 9/20/2012. Release of Transcript Restriction set for 11/19/2012.(McGuirk, Kelly) (Entered: 08/17/2012)
2012-08-17 93 0 Notice of Filing Transcript NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 7/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/17/2012)
2012-08-27 94 0 Sealed Document SEALED DOCUMENT placed in vault.(mps) (Entered: 08/27/2012)
2012-08-27 95 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 90 MOTION for Attorney Fees.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit 1 (Analysis of time entries), # 2 Exhibit 2 (Analysis of cost items))(Beall, Christopher) (Entered: 08/27/2012) 2012-12-03 14:51:25 855548d40abea5347e8c579be734ed842f1e520a
95 1 Exhibit 1 (Analysis of time entries)
95 2 Exhibit 2 (Analysis of cost items)
2012-08-27 96 0 Declaration in Opposition to Motion DECLARATION of Ashima Aggarwal in Opposition re: 90 MOTION for Attorney Fees.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 08/27/2012)
2012-08-27 97 0 Declaration in Opposition to Motion DECLARATION of William Dunnegan in Opposition re: 90 MOTION for Attorney Fees.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 08/27/2012)
2012-08-30 98 0 Motion for New Trial MOTION for New Trial Or Conditional Remittitur. Document filed by John Wiley & Sons, Inc..(Beall, Christopher) (Entered: 08/30/2012)
2012-08-30 99 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 98 MOTION for New Trial Or Conditional Remittitur.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 08/30/2012)
2012-08-30 100 0 Declaration in Support of Motion DECLARATION of Christopher P. Beall in Support re: 98 MOTION for New Trial Or Conditional Remittitur.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 08/30/2012)
2012-09-06 101 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: 90 MOTION for Attorney Fees.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 09/06/2012)
2012-09-06 102 0 Declaration in Support of Motion DECLARATION of Danial Nelson in Support re: 90 MOTION for Attorney Fees.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 09/06/2012)
2012-09-10 103 0 Endorsed Letter ENDORSED LETTER addressed to Judge J. Paul Oetken from Kevin McCulloch dated 9/7/2012 re: This firm is counsel for Plaintiff Louis Psihoyos in the above-referenced action. I write to request a brief extension of time to respond to Defendant's Motion for New Trial filed on August 30, 2012 (Dkt. No. 98) until September 24, 2012. ENDORSEMENT: APPLICATION GRANTED. (Responses due by 9/24/2012) (Signed by Judge J. Paul Oetken on 9/10/2012) (djc) (Entered: 09/10/2012)
2012-09-24 104 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: 98 MOTION for New Trial Or Conditional Remittitur.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 09/24/2012)
2012-09-28 105 0 Endorsed Letter ENDORSED LETTER addressed to Judge J. Paul Oetken, from Christopher P. Beall, dated 9/26/2012, re: request an extension of time to submit a Reply to Plaintiff's Opposition to Defendant's Motion for New Trial (Dkt. No. 104, filed September 24, 2012). Wiley requires a short extension of its reply deadline out to October 15, 2012. ENDORSEMENT: APPLICATION GRANTED. ( Replies due by 10/15/2012.) (Signed by Judge J. Paul Oetken on 9/28/2012) (ja) (Entered: 09/28/2012)
2012-10-15 106 0 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for New Trial Or Conditional Remittitur. Document filed by John Wiley & Sons, Inc. (Beall, Christopher) Modified on 10/16/2012 (db). (Entered: 10/15/2012)
2012-10-15 107 0 DECLARATION of Christopher P. Beall in Support re: 98 MOTION for New Trial Or Conditional Remittitur.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 10/15/2012)
2012-10-16 108 0 REPLY MEMORANDUM OF LAW in Support re: 98 MOTION for New Trial Or Conditional Remittitur.. Document filed by John Wiley & Sons, Inc.. (Beall, Christopher) (Entered: 10/16/2012)
2012-10-18 109 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Christopher P. Beall, Esq. dated 10/15/2012 re: We write to request a further 2 pages in addition to the 10-page limit for a Reply to Plaintiff's Opposition to Defendant's Motion for New Trial (Dkt No. 104, filed September 24, 2012), which was submitted in response to Defendant's Motion for New Trial (Dkt No, 98, filed Aug, 30, 2012). The Reply brief is due today. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge J. Paul Oetken on 10/17/2012) (mt) (Entered: 10/18/2012)
2012-10-23 110 0 ORDER: Oral Argument on Plaintiff's motion for award of fees and costs set for 11/19/2012 at 01:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 10/22/2012) (cd) (Entered: 10/23/2012)
2012-10-25 111 0 NOTICE of of Supplemental Authority re: 98 MOTION for New Trial Or Conditional Remittitur.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit A - Copy of Interim Arbitration Award No. 1)(Beall, Christopher) (Entered: 10/25/2012)
2012-10-25 112 0 RESPONSE re: 111 Notice (Other) RESPONSE TO NOTICE OF SUPPLEMENTAL AUTHORITY. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 10/25/2012)
2012-11-05 113 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Christopher P. Beall dated 10/29/2012 re: We write in connection with the Court's order (Doc. #110, Oct. 23, 2012) setting a hearing on the plaintiff's motion for attorney's fees. The hearing date set by the Court is Monday, November 19, 2012. On behalf of Wiley, and in light of a pre-existing family commitment, undersigned counsel requests that this hearing be re-set to a date other than during the Thanksgiving week. ENDORSEMENT: Granted: The Nov. 19 hearing is adjourned to Dec. 3, 2012 at 10:00 a.m., ( Oral Argument set for 12/3/2012 at 10:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 11/5/2012) (lmb) (Entered: 11/05/2012)
2012-11-07 114 0 MEMORANDUM AND ORDER denying 98 Motion for New Trial. Defendant now brings a Motion for Remittitur, or in the alternative, for a New Trial ("Motion for Remittitur"). In its motion, Defendant contends that (1) Plaintiff presented insufficient evidence of willful infringement at trial, (2) the jury erroneously awarded statutory damages not rationally related to Plaintiff's actual loss, (3) the jury misunderstood the law 2 regarding profits to be considered in calculating statutory damages, (4) the jury's award lacked a rational deterrent purpose, and (5) the award shocks the conscience. For the reasons explained herein, Defendant's Motion for Remittitur is denied. For the foregoing reasons, Defendant's Motion for Remittitur or a New Trial is DENIED. The Clerk of the Court is directed to close the motion at docket number 98. (Signed by Judge J. Paul Oetken on 11/7/2012) (ja) (Entered: 11/07/2012) 2012-12-03 14:48:47 05159952153fbc24d9626058db93f5e53f805e83
2012-12-03 115 0 DECLARATION of Kevin P. McCulloch in Support re: 90 MOTION for Attorney Fees.. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 12/03/2012)
2012-12-07 116 0 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by John Wiley & Sons, Inc.. Filing fee $ 455.00, receipt number 0208-8044129. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Beall, Christopher) Modified on 12/7/2012 (tp). (Entered: 12/07/2012)
2012-12-07 117 0 NOTICE OF APPEAL from 43 Order on Motion for Summary Judgment,,,, 47 Order, 114 Order on Motion for New Trial,,,. Document filed by John Wiley & Sons, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Beall, Christopher) (Entered: 12/07/2012)
2012-12-14 118 0 NOTICE OF CHANGE OF ADDRESS by Christopher Perry Beall on behalf of John Wiley & Sons, Inc.. New Address: Levine Sullivan Koch & Schulz, LLP, 321 West 44th Street, Suite 1000, New York, NY, USA 10036, (212) 850-6100. (Beall, Christopher) (Entered: 12/14/2012)
2012-12-14 119 0 NOTICE OF CHANGE OF ADDRESS by Robert Penchina on behalf of John Wiley & Sons, Inc.. New Address: Levine Sullivan Koch & Schulz, LLP, 321 West 44th Street, Suite 1000, New York, NY, USA 10036, (212) 850-6100. (Penchina, Robert) (Entered: 12/14/2012)
2012-12-20 120 0 FILING ERROR - NOT ALL ORDERS MENTIONED IN THE NOTICE WERE SELECTED FOR APPEAL - NOTICE OF CROSS APPEAL from 53 Order on Motion for Reconsideration, 43 Order on Motion for Summary Judgment, 47 Order. Document filed by Louis Psihoyos. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Nelson, Danial) Modified on 12/20/2012 (tp). (Entered: 12/20/2012)
2012-12-20 121 0 NOTICE OF CROSS APPEAL from 53 Order on Motion for Reconsideration, 43 Order on Motion for Summary Judgment,,,, 47 Order. Document filed by Louis Psihoyos. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Nelson, Danial) (Entered: 12/20/2012)
2013-01-11 122 0 TRANSCRIPT of Proceedings re: ARGUMENT held on 12/3/2012 before Judge J. Paul Oetken. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2013. Redacted Transcript Deadline set for 2/14/2013. Release of Transcript Restriction set for 4/15/2013.(Rodriguez, Somari) (Entered: 01/11/2013)
2013-01-11 123 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 12/3/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 01/11/2013)
2013-01-25 124 0 JUDGMENT #13,0130 in favor of Louis Psihoyos against John Wiley & Sons, Inc. in the amount of $ 130,750.00. (Signed by Judge J. Paul Oetken on 1/24/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 01/25/2013)
2013-03-30 144 0 MEMORANDUM AND ORDER denying 90 Motion for Attorney Fees. For the foregoing reasons, Plaintiff's motion for an award of attorney's fees is DENIED. The Clerk of the Court is directed to close the motion at Docket Number 90. (Signed by Judge J. Paul Oetken on 3/29/2013) (tro) 2013-03-30 09:14:34 129b09fe97964c3a0c577a7c2c086e0fe1b18994