Case details

Court: nysd
Docket #: 1:11-cv-06081
Case Name: Pearson Education, Inc. et al v. Does et al
PACER case #: 384178
Date filed: 2011-08-30
Date of last filing: 2013-02-01

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-30 1 0 Complaint COMPLAINT against John Doe, John Doe Nos. 1-5. (Filing Fee $ 350.00, Receipt Number 465401015302)Document filed by Pearson Education, Inc., Cengage Learning, Inc., John Wiley & Sons, Inc., The McGraw-Hill Companies, Inc.(lmb) 2013-03-13 17:38:28 bd1a5e354dfc6ca7bf15b53ced4c40009e3b7e39
2011-08-30 2 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Wiley & Sons, Inc.(lmb)
2011-08-30 3 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Pearson plc & Interactive Data Broadcasting Corporation as Corporate Parent. Document filed by Pearson Education, Inc.(lmb)
2011-08-30 4 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cengage Learning, Inc.(lmb)
2011-08-30 5 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying T. Rowe Price Group, Inc. & T. Rowe Price Associates, Inc. as Corporate Parent. Document filed by The McGraw-Hill Companies, Inc.(lmb)
2011-09-07 6 0 Motion for Miscellaneous Relief EX PARTE MOTION for an order authorizing the issuance of a subpoena on PayPal, Inc. to determine the identity and location of defendant. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit I)(Morrissey, Samantha)
2011-09-07 7 0 Declaration in Support of Motion DECLARATION of Samantha Morrissey in Support re: [6] EX PARTE MOTION for an order authorizing the issuance of a subpoena on PayPal, Inc. to determine the identity and location of defendant.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Morrissey, Samantha)
2011-09-09 8 0 Order for Initial Pretrial Conference ORDER CONFERENCE ORDER: It is hereby ordered that a pre-trial conference will be held in the above captioned matter on November 3, 2011 at 10:30 a.m. in Courtroom No. 11C, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl street, New York, New York 10007. (Signed by Judge Laura Taylor Swain on 9/8/2011) (js)
2011-09-09 9 0 Order on Motion for Miscellaneous Relief ORDER AUTHORIZING THE ISSUANCE OF A SUBPOENA ON PAYPAL, INC. TO DETERMINE THE IDENTITY AND LOCATION OF DEFENDANT. It is hereby ORDERED, pursuant to Rule 26(d) of the Federal Rules of Civil Procedure, that plaintiffs may serve the subpoena, annexed as Exhibit I, on PayPal to identify and locate defendant Test Center in this action. Granting [6] Motion for an order authorizing the issuance of a subpoena on PayPal, Inc. to determine the identity and location of defendant. (Signed by Judge Laura Taylor Swain on 9/9/11) (rjm)
2011-11-01 10 0 Endorsed Letter ENDORSED LETTER addressed to Judge Laura Taylor Swain from Samantha Morrissey dated 10/28/2011 re: Request to adjourn the 11/3/2011 initial conference. ENDORSEMENT: The conference is adjourned to 1/6/2012, at 3:15 pm. ( Initial Conference reset for 1/6/2012 at 03:15 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 10/31/2011) (cd)
2011-11-18 11 0 Amended Complaint AMENDED COMPLAINT against Neal Frances, John Doe Nos. 1-5.Document filed by Pearson Education, Inc., Cengage Learning, Inc., John Wiley & Sons, Inc., The McGraw-Hill Companies, Inc.(ft)
2012-01-03 12 0 Endorsed Letter ENDORSED LETTER: addressed to Judge Laura Taylor Swain from Samantha Morrissey dated 12/29/2011 re: Counsel for plaintiff requests an extension to file the joint preliminary pretrial statement in advance of the initial conference scheduled for January 6, 2012 at 3:15 p.m. ENDORSEMENT: The joint preliminary pretrial statement must be filed (and a courtesy copy provided for Chambers by 12:00 p.m. noon on January 5, 2012. So Ordered. (Signed by Judge Laura Taylor Swain on 1/3/2012) (js)
2012-01-05 13 0 Notice of Appearance NOTICE OF APPEARANCE by Tim Bukher on behalf of Neal Frances (Bukher, Tim)
2012-01-06 14 0 Endorsed Letter ENDORSED LETTER addressed to Judge Laura Taylor Swain from Tim Bukher dated 1/5/2012 re: Counsel for the defendants request an adjournment of the pretrial conference scheduled for 1/6. ENDORSEMENT: The conference is adjourned to January 20, 2012, at 10AM and the related deadlines are modified accordingly. (Initial Conference set for 1/20/2012 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/5/2012) (ft)
2012-01-12 15 0 Rule 7.1 Corporate Disclosure Statement AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The McGraw-Hill Companies, Inc..(Morrissey, Samantha)
2012-01-13 16 0 Preliminary Pretrial Statement PRELIMINARY PRETRIAL STATEMENT. Document filed by Neal Frances.(Bukher, Tim)
2012-01-20 17 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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Laura Taylor Swain on 1/20/2012) (jfe)
2012-01-20 18 0 Scheduling Order PRE-TRIAL SCHEDULING ORDER: Amended Pleadings due by 2/29/2012. Joinder of Parties due by 2/29/2012. Motions due by 6/1/2012. Discovery due by 5/4/2012. Final Pretrial Conference set for 8/3/2012 at 02:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. Defendant must respond to the Amended Complaint by 1/23/12. (Signed by Judge Laura Taylor Swain on 1/20/2012) (jfe)
2012-01-23 19 0 Motion to Dismiss MOTION to Dismiss. Document filed by Neal Frances.(Bukher, Tim)
2012-01-23 20 0 Affirmation in Support of Motion AFFIRMATION of Tim Bukher in Support re: [19] MOTION to Dismiss.. Document filed by John Doe. (Bukher, Tim)
2012-01-23 21 0 Affirmation in Support of Motion AFFIRMATION of Tim Bukher in Support re: [19] MOTION to Dismiss.. Document filed by Neal Frances. (Bukher, Tim)
2012-01-23 22 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [19] MOTION to Dismiss.. Document filed by Neal Frances. (Bukher, Tim)
2012-01-24 23 0 Motion to Stay MOTION to Stay Discovery and Defer the Pre-Trial Conference Order. Document filed by Neal Frances.(Bukher, Tim)
2012-01-24 24 0 Affirmation in Support of Motion AFFIRMATION of Tim Bukher in Support re: [23] MOTION to Stay Discovery and Defer the Pre-Trial Conference Order.. Document filed by Neal Frances. (Bukher, Tim)
2012-02-06 25 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: [19] MOTION to Dismiss.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit A)(Scileppi, Laura)
2012-02-06 26 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: [23] MOTION to Stay Discovery and Defer the Pre-Trial Conference Order.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Scileppi, Laura)
2012-02-13 27 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: [19] MOTION to Dismiss.. Document filed by Neal Frances. (Bukher, Tim)
2012-02-13 28 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: [23] MOTION to Stay Discovery and Defer the Pre-Trial Conference Order.. Document filed by Neal Frances. (Bukher, Tim)
2012-02-14 29 0 Order on Motion to Stay ORDER denying [23] Motion to Stay. Defendant's motion for a general stay of discovery (Docket no. 23) is denied. As plaintiffs have yet to propound any discovery demands, defendant has not demonstrated that a stay is warranted. Defendant may apply on a case-by-case basis for orders deferring particular discovery based on the cost and burden involved. (Signed by Magistrate Judge James C. Francis on 2/14/2012) Copies Mailed By Chambers. (jfe)
2012-03-23 30 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Tim Bukher dated 3/23/2012 re: Counsel for the Defendant writes to request an adjournment of the upcoming settlement conference currently scheduled for 3/30/2012. ENDORSEMENT: Application denied. Some uncertainty may be beneficial to settlement, and the Court's resources, as well as the parties', should be considered. (Signed by Magistrate Judge James C. Francis on 3/23/2012) (ab)
2012-04-02 31 0 Jury Demand DEMAND for Trial by Jury. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.(Morrissey, Samantha)
2012-04-27 32 0 Protective Order PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Laura Taylor Swain on 4/27/2012) (djc)
2012-05-08 33 0 Scheduling Order AMENDED PRE-TRIAL SCHEDULING ORDER: Motions due by 8/1/2012. Expert Discovery due by 7/3/2012. Discovery due by 7/3/2012. Final Pretrial Conference set for 10/11/2012 at 03:15 PM before Magistrate Judge James C. Francis. (Signed by Magistrate Judge James C. Francis on 5/8/2012) (jfe)
2012-05-16 34 0 Order on Motion to Dismiss MEMORANDUM ORDER denying [19] Motion to Dismiss. Defendant's motion to dismiss Plaintiffs' claim for copyright infringement is denied. This Memorandum Order resolves docket entry no. 19. A Final Pre-Trial Conference will be held on October 11, 2012 at 3:15 p.m. (Signed by Judge Laura Taylor Swain on 5/16/2012) (ft)
2012-05-17 35 0 Motion for Reconsideration MOTION for Reconsideration re; [34] Order on Motion to Dismiss,. Document filed by Neal Frances.(Bukher, Tim)
2012-05-17 36 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [35] MOTION for Reconsideration re; [34] Order on Motion to Dismiss,.. Document filed by Neal Frances. (Bukher, Tim)
2012-07-10 37 0 Answer to Amended Complaint ANSWER to [11] Amended Complaint. Document filed by Neal Frances.(Bukher, Tim)
2012-07-17 38 0 Order on Motion for Reconsideration MEMORANDUM ORDER denying [35] Motion for Reconsideration and for leave to file an interlocutory appeal. This Memorandum Order resolves docket entry no. 35. (Signed by Judge Laura Taylor Swain on 7/17/2012) (cd)
2012-07-25 39 0 Scheduling Order AMENDED PRE-TRIAL SCHEDULING ORDER: Dispositive Motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before 8/31/2012. Final Pretrial Conference set for 10/11/2012 at 03:15 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 7/25/2012) (djc)
2012-08-31 40 0 Sealed Document SEALED DOCUMENT placed in vault.(mps)
2012-08-31 41 0 Motion for Summary Judgment MOTION for Summary Judgment. Document filed by Neal Frances.(Bukher, Tim)
2012-08-31 42 0 Affirmation in Support of Motion AFFIRMATION of Tim Bukher in Support re: [41] MOTION for Summary Judgment.. Document filed by Neal Frances. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Exhibit Exhibit C, # (4) Exhibit Exhibit D, # (5) Exhibit Exhibit E, # (6) Exhibit Exhibit F, # (7) Exhibit Exhibit G, # (8) Exhibit Exhibit H, # (9) Exhibit Exhibit I, # (10) Exhibit Exhibit J, # (11) Exhibit Exhibit K)(Bukher, Tim)
2012-08-31 43 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [41] MOTION for Summary Judgment.. Document filed by Neal Frances. (Bukher, Tim)
2012-08-31 44 0 Motion for Summary Judgment MOTION for Summary Judgment. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc..(Scileppi, Laura)
2012-08-31 45 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Scileppi, Laura)
2012-08-31 46 0 Declaration in Support of Motion DECLARATION of RICHARD P. ESSIG in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit A Part 1, # (2) Exhibit A Part 2, # (3) Exhibit A Part 3, # (4) Exhibit A Part 4)(Scileppi, Laura)
2012-08-31 47 0 Declaration in Support of Motion DECLARATION of PATRICK MURPHY in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit B)(Scileppi, Laura)
2012-08-31 48 0 Declaration in Support of Motion DECLARATION of WILLIAM SAMPSON in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit C Part 1, # (2) Exhibit C Part 2, # (3) Exhibit C Part 3, # (4) Exhibit C Part 4)(Scileppi, Laura)
2012-08-31 49 0 Declaration in Support of Motion DECLARATION of BONNIE BEACHER in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit D Part 1, # (2) Exhibit D Part 2, # (3) Exhibit D Part 3)(Scileppi, Laura)
2012-08-31 50 0 Declaration in Support of Motion DECLARATION of JENNIFER SIEWERT in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit E, # (2) Exhibit F, # (3) Exhibit G, # (4) Exhibit H, # (5) Exhibit I, # (6) Exhibit J)(Scileppi, Laura)
2012-08-31 51 0 Declaration in Support of Motion DECLARATION of SAMANTHA MORRISSEY in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit K, # (2) Exhibit L, # (3) Exhibit M, # (4) Exhibit N, # (5) Exhibit O, # (6) Exhibit P, # (7) Exhibit Q)(Scileppi, Laura)
2012-08-31 52 0 Rule 56.1 Statement RULE 56.1 STATEMENT. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Scileppi, Laura)
2012-09-06 53 0 Stipulation and Order STIPULATION AND ORDER: Plaintiffs Pearson Education, Inc., Joh1 Wiley & Sons,Inc., Cengage Learning, Inc. and the McGraw-Hill Companies, Inc. and defendant Neil Francis, through their undersigned attorneys, hereby stipulate that the following instructors' solutions manuals repeat questions contained in the underlying textbooks: as set forth in this Order (Signed by Judge Laura Taylor Swain on 9/6/2012) (js)
2012-09-14 54 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: [44] MOTION for Summary Judgment.. Document filed by Neal Frances. (Bukher, Tim)
2012-09-14 55 0 Counter Statement to Rule 56.1 COUNTER STATEMENT TO [52] Rule 56.1 Statement. Document filed by Neal Frances. (Bukher, Tim)
2012-09-14 56 0 Memorandum of Law in Opposition to Motion MEMORANDUM OF LAW in Opposition re: [41] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Scileppi, Laura)
2012-09-14 57 0 Declaration in Opposition to Motion DECLARATION of LAURA SCILEPPI in Opposition re: [41] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Exhibit R, # (2) Exhibit S, # (3) Exhibit T, # (4) Exhibit U, # (5) Exhibit V)(Scileppi, Laura)
2012-09-14 58 0 Counter Statement to Rule 56.1 COUNTER STATEMENT TO Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # (1) Schedules A - D)(Scileppi, Laura)
2012-09-19 59 0 Stipulation and Order STIPULATION: Plaintiffs Pearson Education, Inc., John Wiley & Sons,Inc., Cengage Learning, Inc. and the McGraw-Hill Companies, Inc.and defendant Neil Francis, through their undersigned attorneys,hereby stipulate that the textbooks for the 74 titles annexed hereto on Schedules A through D (the "Textbooks"} display valid copyright notices. The parties further stipulate that the Textbooks were available for purchase on Plaintiffs' websites, on Amazon.com, and in various bookstores nationwide during the period of June 2008through December 2011 (Signed by Judge Laura Taylor Swain on 9/19/2012) (js)
2012-09-21 60 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: [41] MOTION for Summary Judgment.. Document filed by Neal Frances. (Bukher, Tim)
2012-09-21 61 0 Reply Memorandum of Law in Support of Motion REPLY MEMORANDUM OF LAW in Support re: [44] MOTION for Summary Judgment.. Document filed by Cengage Learning, Inc., John Wiley & Sons, Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc.. (Scileppi, Laura)
2012-10-04 62 0 Notice of Voluntary Dismissal
2012-10-04 63 0 Joint Final Trial Report
2012-10-04 64 0 Request for Voir Dire
2012-10-04 65 0 Request to Charge
2012-10-04 66 0 Request for Voir Dire
2012-10-04 67 0 Response
2012-10-04 68 0 Request to Charge
2012-10-10 69 0 Notice of Voluntary Dismissal - Signed
2012-10-11 70 0 Order
2013-02-01 71 0 Order
72 0 2013-04-04 09:45:19 5a98110929282579f72c0b66433a5759985a1236