Case docket: Psihoyos v. Pearson Education, Inc.

Case details

Court:	nysd
Docket #:	1:11-cv-05187
Case Name:	Psihoyos v. Pearson Education, Inc.
PACER case #:	382582
Date filed:	2011-07-26
Assigned to:	Judge J. Paul Oetken
Referred to:	Magistrate Judge Ronald L. Ellis (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 25th Floor New York, NY 10174 (646) 704-4900 Fax: (646) 308-1178 Email: dnelson@nelsonmcculloch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Kevin Patrick McCulloch Nelson & McCulloch LLP 405 Lexington Ave. New York, NY 10174 (646)-704-2278 Fax: (646)-308-1178 Email: kmcculloch@nelsonmcculloch.com ATTORNEY TO BE NOTICED
Visions Of Tomorrow, Inc. Plaintiff doing business asScience Faction	Visions Of Tomorrow, Inc. PRO SE Danial A. Nelson (See above for address) TERMINATED: 09/24/2012 LEAD ATTORNEY Kevin Patrick McCulloch (See above for address) TERMINATED: 09/24/2012
Pearson Education, Inc. Defendant	David W. Marston , Jr. Morgan, Lewis & Bockius L.L.P. 1701 Market Street Philadelphia, PA 19103 (215) 963-5000 Fax: (215)-963-5001 Email: dmarston@morganlewis.com PRO HAC VICE ATTORNEY TO BE NOTICED David Abraham Snider Morgan Lewis & Bockius, LLP (NY) 101 Park Avenue New York, NY 10178 (212)-309-6223 Fax: (212)-309-6001 Email: dsnider@morganlewis.com ATTORNEY TO BE NOTICED Ezra Dodd Church Morgan, Lewis & Bockius LLP (Philadelphia) 1701 Market Street Philadelphia, PA 19103 (215) 963-5000 Fax: (215) 963-5001 Email: echurch@morganlewis.com PRO HAC VICE ATTORNEY TO BE NOTICED Hillary Berliner Weinstein Morgan, Lewis & Bockius LLP 1701 Market Street Philadelphia, PA 19103 (215) 963-5000 Fax: (215) 963-5001 Email: hweinstein@morganlewis.com PRO HAC VICE ATTORNEY TO BE NOTICED
Coursemart, LLC Defendant
John Does 1-10 Defendant TERMINATED: 10/19/2011
Acme Bookbinding Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
The ADS Group Defendant
BFSDaniels Defendant
Bind-Rite Graphics Defendant
Cadmus Communications Corporation Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Coral Graphics Services Inc Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Courier Corporation Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
CSI Multimedia Defendant
Demand Production Center Defendant
Dunn & Co. Inc. Defendant
Edwards Brothers, Inc. Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Failsafe Disk Company Defendant
Flagship Pressinc. Defendant
Greenbush Tape & Label Inc. Defendant
Highcrest Media, LLC Defendant
JVC Disc America Co. Defendant
KC BookManufacturing Defendant
King Printing Company, Inc. Defendant
Lehigh Phoenix Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Lehigh Press, Inc. Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Mercury Print Productions Defendant
Offset Paperback MFRS Inc. Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Optical Experts Manufacturing Defendant
Quebecor Inc Defendant
Donnelly Sons Company Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Shorewood Packaging Corporation Defendant	Hillary Berliner Weinstein (See above for address) ATTORNEY TO BE NOTICED
Standard Printing Co. Defendant
Strategic Content Imaging, Inc., Defendant
Tecdoc Digital Solutions, Inc. Defendant
Webcrafters, Inc. Defendant
Webster Printing Co, Inc. Defendant
World Color Press Inc. Defendant

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2011-07-26	1	0		COMPLAINT against Pearson Education, Inc. (Filing Fee $ 350.00, Receipt Number 12588)Document filed by Louis Psihoyos.(ama) Modified on 8/1/2011 (ama). (Entered: 07/28/2011)
2011-07-26	2	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Visions Of Tomorrow, Inc.(ama) (Entered: 07/28/2011)
2011-08-02	3	0		NOTICE OF CASE ASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 08/02/2011)
2011-08-09	4	0		NOTICE OF COURT CONFERENCE: Initial Conference set for 8/19/2011 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 8/9/2011) (jfe) (Entered: 08/10/2011)
2011-08-12	5	0		AFFIDAVIT OF SERVICE of Summons and Complaint. Pearson Education, Inc. served on 7/28/2011, answer due 8/18/2011. Service was accepted by Sara Marzitelli, paralegal. Document filed by Visions Of Tomorrow, Inc.; Louis Psihoyos. (Nelson, Danial) (Entered: 08/12/2011)
2011-08-15	6	0		NOTICE OF APPEARANCE by David Abraham Snider on behalf of Pearson Education, Inc. (Snider, David) (Entered: 08/15/2011)
2011-08-19	7	0		CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Amended Pleadings due by 10/14/2011. Joinder of Parties due by 10/14/2011. Motions due by 2/22/2011. Responses due by 1/5/2012 Replies due by 1/12/2012. Deposition due by 12/15/2011. Discovery due by 12/15/2011. Oral Argument set for 1/19/2012 at 04:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 1/19/2012 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 1/19/2012. (Signed by Judge Jed S. Rakoff on 8/19/2011) (js) (Entered: 08/19/2011)
2011-09-01	8	0		MOTION for David W. Marston Jr. to Appear Pro Hac Vice. Document filed by Pearson Education, Inc.(pgu) (Entered: 09/01/2011)
2011-09-01	9	0		MOTION for Ezra D. Church to Appear Pro Hac Vice. Document filed by Pearson Education, Inc.(pgu) (Entered: 09/02/2011)
2011-09-06	10	0		ORDER FOR ADMISSION PRO HAC VICE: granting 8 Motion for David W. Marston Jr. to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/4/2011) (jfe) (Entered: 09/06/2011)
2011-09-01	11	0		MOTION for Hillary B. Weinstein to Appear Pro Hac Vice. Document filed by Pearson Education, Inc.(pgu) (Entered: 09/07/2011)
2011-09-07	12	0		ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Ezra D. Church, Esq. to Appear Pro Hac Vice. Ezra D. Church, Esq. is admitted pro hac vice as counsel for Pearson Education, Inc. (Signed by Judge Jed S. Rakoff on 9/6/2011) (ft) (Entered: 09/07/2011)
2011-09-12	13	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Pearson Education, Inc..(Church, Ezra) (Entered: 09/12/2011)
2011-09-12	14	0		ANSWER to 1 Complaint. Document filed by Pearson Education, Inc..(Church, Ezra) (Entered: 09/12/2011)
2011-09-12	15	0		ORDER FOR ADMISSION PRO HAC VICE: granting 11 Motion for Hillary B. Weinstein to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/9/2011) (jfe) (Entered: 09/13/2011)
2011-09-13	16	0		MOTION to Dismiss. Document filed by Pearson Education, Inc.. Responses due by 9/27/2011 Return Date set for 10/11/2011 at 04:30 PM.(Church, Ezra) (Entered: 09/13/2011)
2011-09-13	17	0		MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss.. Document filed by Pearson Education, Inc.. (Church, Ezra) (Entered: 09/13/2011)
2011-09-27	18	0		MEMORANDUM OF LAW in Opposition re: 16 MOTION to Dismiss.. Document filed by Louis Psihoyos, Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 09/27/2011)
2011-09-27	19	0		DECLARATION of Danial A. Nelson in Opposition re: 16 MOTION to Dismiss.. Document filed by Louis Psihoyos, Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 09/27/2011)
2011-09-27	20	0		FIRST AMENDED COMPLAINT against Coursemart, LLC, John Does 1-10, Pearson Education, Inc. with JURY DEMAND. Document filed by Visions Of Tomorrow, Inc., Louis Psihoyos. (ft) (Additional attachment(s) added on 9/29/2011: # 1 am comp pt 2) (mro). (Entered: 09/29/2011)
2011-09-30	21	0		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)
2011-10-03	22	0		REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Dismiss.. Document filed by Pearson Education, Inc.. (Weinstein, Hillary) (Entered: 10/03/2011)
2011-10-19	23	0		SECOND AMENDED COMPLAINT amending 20 Amended Complaint against Coursemart, LLC, Pearson Education, Inc., Acme Bookbinding, The ADS Group, BFSDaniels, Bind-Rite Graphics, Cadmus Communications Corporation, Coral Graphics Services Inc, Courier Corporation, CSI Multimedia, Demand Production Center, Dunn & Co. Inc., Edwards Brothers, Inc., Failsafe Disk Company, Flagship Pressinc., Greenbush Tape & Label Inc., Highcrest Media, LLC, JVC Disc America Co., KC BookManufacturing, King Printing Company, Inc., Lehigh Phoenix, Lehigh Press, Inc., Mercury Print Productions, Offset Paperback MFRS Inc., Optical Experts Manufacturing, Quebecor Inc, Donnelly Sons Company, Shorewood Packaging Corporation, Standard Printing Co., Strategic Content Imaging, Inc.,, Tecdoc Digital Solutions, Inc., Webcrafters, Inc., Webster Printing Co, Inc., World Color Press Inc. with JURY DEMAND.Document filed by Visions Of Tomorrow, Inc., Louis Psihoyos. Related document: 20 Amended Complaint filed by Louis Psihoyos, Visions Of Tomorrow, Inc.. (Attachments: # 1 Exhibit Exhibits 1)(pl) (Entered: 10/24/2011)
2011-11-01	24	0		AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Shorewood Packaging Corporation served on 10/25/2011, answer due 11/15/2011. Service was accepted by Aixa Flores, Process Clerk. Document filed by Louis Psihoyos; Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 11/01/2011)
2011-11-01	25	0		AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Donnelly Sons Company served on 10/25/2011, answer due 11/15/2011. Service was accepted by Aixa Flores, Process Clerk. Document filed by Louis Psihoyos; Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 11/01/2011)
2011-11-01	26	0		AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Edwards Brothers, Inc. served on 10/25/2011, answer due 11/15/2011. Service was accepted by Aixa Flores, Process Clerk. Document filed by Louis Psihoyos; Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 11/01/2011)
2011-11-01	27	0		AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Offset Paperback MFRS Inc. served on 10/26/2011, answer due 11/16/2011. Service was accepted by Mike Hernandez, General Agent. Document filed by Louis Psihoyos; Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 11/01/2011)
2011-11-04	28	0		AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,. Courier Corporation served on 10/27/2011, answer due 11/17/2011. Service was accepted by Rajeev Balakrishna, VP & General Counsel. Document filed by Louis Psihoyos; Visions Of Tomorrow, Inc.. (Nelson, Danial) (Entered: 11/04/2011)
2011-11-09	29	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pearson plc for Pearson Education, Inc.. Document filed by Pearson Education, Inc..(Weinstein, Hillary) (Entered: 11/09/2011)
2011-11-09	30	0		ANSWER to 23 Amended Complaint,,,,. Document filed by Pearson Education, Inc..(Weinstein, Hillary) (Entered: 11/09/2011)
2011-11-17	31	0		JOINT STIPULATION AND ORDER EXTENDING PRINTER DEFENDANT'S TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND: It is hereby stipulated, by and between the undersigned counsel for Plaintiffs and Defendants R.R. Donnelley & Sons Co., Courier Corporation, Edwards Brothers, Inc., Offset Paperback MFRS. Inc., and Shorewood Packaging Corporation (collectively, the "Printer Defendants") in the above-captioned matter that the time for Printer Defendants to answer, move or otherwise respond to the Complaint in this action is extended until December 19, 2011. The Printer Defendants, along with any other defendants Morgan, Lewis & Bockius, LLP represents and is authorized to accept service on behalf of as of December 19, 2011, may file a joint response to the Second Amended Complaint on that date. (Signed by Judge J. Paul Oetken on 11/17/2011) (rdz) (Entered: 11/17/2011)
2011-11-29	32	0		NON-DISCLOSURE AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential discovery material... (Signed by Judge J. Paul Oetken on 11/28/2011) (ft) (Entered: 11/29/2011)
2011-12-22	33	0		SECOND JOINT STIPULATION AND ORDER EXTENDING PRINTER DEFENDANTS' TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND: It is hereby Stipulated and agreed that the time for Printer Defendants to answer, move or otherwise respond to the Second Amended Complaint in this action is extended until 1/6/12. Courier Corporation answer due 1/6/2012; Donnelly Sons Company answer due 1/6/2012; Edwards Brothers, Inc. answer due 1/6/2012; Lehigh Phoenix answer due 1/6/2012; Offset Paperback MFRS Inc. answer due 1/6/2012; Shorewood Packaging Corporation answer due 1/6/2012. (Signed by Judge J. Paul Oetken on 12/21/2011) (jfe) (Entered: 12/22/2011)
2012-01-06	34	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Courier Kendallville, Inc for Courier Corporation. Document filed by Courier Corporation.(Weinstein, Hillary) (Entered: 01/06/2012)
2012-01-06	35	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Visant Corporation for Lehigh Phoenix. Document filed by Lehigh Phoenix.(Weinstein, Hillary) (Entered: 01/06/2012)
2012-01-06	36	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Donnelly Sons Company.(Weinstein, Hillary) (Entered: 01/06/2012)
2012-01-06	37	0		ANSWER to 23 Amended Complaint,,,,. Document filed by Acme Bookbinding, Cadmus Communications Corporation, Coral Graphics Services Inc, Courier Corporation, Donnelly Sons Company, Edwards Brothers, Inc., Lehigh Phoenix, Lehigh Press, Inc., Offset Paperback MFRS Inc., Shorewood Packaging Corporation.(Weinstein, Hillary) (Entered: 01/06/2012)
2012-01-11	38	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bertelsmann, Inc. for Offset Paperback MFRS Inc.. Document filed by Offset Paperback MFRS Inc..(Weinstein, Hillary) (Entered: 01/11/2012)
2012-01-11	39	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bertelsmann, Inc., Corporate Parent Dynamic Graphic Finishing, Inc., Corporate Parent Bertelsmann AG for Coral Graphics Services Inc. Document filed by Coral Graphics Services Inc.(Weinstein, Hillary) (Entered: 01/11/2012)
2012-01-11	40	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Visant Corporation, Corporate Parent AKI, Inc. for Lehigh Press, Inc.. Document filed by Lehigh Press, Inc..(Weinstein, Hillary) (Entered: 01/11/2012)
2012-01-11	41	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Acme Bookbinding Trust for Acme Bookbinding. Document filed by Acme Bookbinding.(Weinstein, Hillary) (Entered: 01/11/2012)
2012-01-12	42	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cenveo, Inc. for Cadmus Communications Corporation. Document filed by Cadmus Communications Corporation.(Weinstein, Hillary) (Entered: 01/12/2012)
2012-01-13	43	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Edwards Brothers, Inc..(Weinstein, Hillary) (Entered: 01/13/2012)
2012-01-18	44	0		RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent International Paper Company for Shorewood Packaging Corporation. Document filed by Shorewood Packaging Corporation.(Weinstein, Hillary) (Entered: 01/18/2012)
2012-03-09	45	0		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 Ronald L. Ellis. (Signed by Judge J. Paul Oetken on 3/9/2012) (tro) (Entered: 03/09/2012)
2012-03-23	46	0		ORDER: Status Conference set for 4/2/2012 at 02:15 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 3/21/2012) (djc) (Entered: 03/23/2012)
2012-04-19	47	0		SETTLEMENT CONFERENCE ORDER: A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON MAY 8, 2012 AT 2:30 P.M. IN COURTROOM 18D,500 PEARL STREET. All counsel must be present. Plaintiffs counsel is responsible for confirming with each defendant's counsel that all necessary participants are aware of this conference. Settlement Conference set for 5/8/2012 at 02:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 4/19/2012) (rdz) (Entered: 04/19/2012)
2012-05-14	48	0		CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge. Deposition due by 11/21/2012. Fact Discovery due by 10/8/2012. Expert Discovery due by 11/21/2012. Case Management Conference set for 10/12/2012 at 11:00 AM before Judge J. Paul Oetken. Ready for Trial by 2/1/2013. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is five days. (Signed by Judge J. Paul Oetken on 5/14/2012) (jfe) (Entered: 05/14/2012)
2012-07-16	49	0		ENDORSED LETTER addressed to Judge J. Paul Oetken from Hillary B. Weinstein dated 7/10/2012 re: Defense counsel seeks an exception to the Orders allowing Pearson to produce any documents it is reproducing from other lawsuits going forward with a "Confidential" stamp and without the need to prepare a separate, redacted copy. ENDORSEMENT: Defense counsel seeks an exception to the Orders allowing Pearson to produce any documents it is reproducing from other lawsuits. (Signed by Judge J. Paul Oetken on 7/13/2012) (ago) (Entered: 07/16/2012)
2012-07-16	50	0		Letter addressed to Judge J. Paul Oetken from Kevin P. McCulloch dated 7/11/2012 re: For these reasons, Plaintiffs respectfully request that the Court not excuse Defendants from fulfilling their obligations under the protective orders entered in these cases. In the event that the Court does grant a limited exception to Defendants, Plaintiffs respectfully request that the Court instruct Defendants to produce redacted copies of these materials with fourteen (14) days of production. Document filed by Louis Psihoyos, Visions Of Tomorrow, Inc.(js) (Entered: 07/16/2012)
2012-07-16	51	0		Letter addressed to Judge J. Paul Oetken from Hillary B. Weinstein dated 7/13/2012 re: Although Plaintiffs' counsel assert that Pearson has not produced public copies of the exhibits Mr. Wu filed in connection with his motion for class certification, this is the first time they have raised this issue and they have never asked Pearson for its proposed redactions. Plaintiffs have not adequately explained any prejudice or harm that would flow from this limited exception, and Plaintiffs' opposition to this reasonable request for an exception to the Non Disclosure Agreements is simply an attempt to impose litigation costs on Pearson. Pearson respectfully requests that the Court grant its request. Document filed by Louis Psihoyos, Visions Of Tomorrow, Inc..(js) (Entered: 07/16/2012)
2012-08-01	52	0		MOTION for Danial Nelson; Kevin McCulloch to Withdraw as Attorney. Document filed by Visions Of Tomorrow, Inc..(Nelson, Danial) (Entered: 08/01/2012)
2012-09-24	53	0		ORDER. The motion for Danial Nelson and Kevin McCulloch to withdraw as counsel for Plaintiff Visions of Tomorrow, Inc. is hereby GRANTED. The Clerk of Court is directed to terminate the motion at docket number fifty-two. Granting 52 Motion to Withdraw as Attorney. Attorney Kevin Patrick McCulloch and Danial A. Nelson terminated. (Signed by Judge J. Paul Oetken on 9/21/2012) (rjm) (Entered: 09/24/2012)
2012-09-24	54	0		ENDORSED LETTER addressed to Judge J. Paul Oetken from Kevin P. McCulloch dated 9/20/2012 re: Plaintiff's counsel writes to request that the Court stay discovery pending under the Court's ruling on the pending motion to withdraw and until such time as Science Faction's new counsel enters its appearance. ENDORSEMENT: Denied as to plaintiff Psihoyos. Granted in part as to plaintiff Science Faction. Any discovery deadline as to Science Faction is extended up to two weeks. So Ordered. (Signed by Judge J. Paul Oetken on 9/21/2012) (ago) (Entered: 09/24/2012)