Case details

Court: nysd
Docket #: 1:09-cv-06557
Case Name: Wu v. Pearson Education Inc.
PACER case #: 349611
Date filed: 2009-07-23
Assigned to: Judge Katherine B. Forrest
Referred to: Magistrate Judge James C. Francis
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Norbert Wu
Plaintiff
Individually and on behalf of all similarly situated persons
Danial A. Nelson
Nelson Law Firm 100 Park Ave New York, NY 10017 (646)-704-4900 Fax: (646)-308-1178 Email: dn@dannelsonlaw.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

Pearson Education Inc.
Defendant
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
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Robert A. Particelli , III
Morgan, Lewis & Bockius LLP (Philadelphia) 1701 Market Street Philadelphia, PA 19103 (215) 963-5000 Fax: (215) 963-5001 Email: rparticelli@morganlewis.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

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
ATTORNEY TO BE NOTICED

J. Gordon Cooney , Jr.
Morgan, Lewis & Bockius LLP (Philadelphia) 1701 Market Street Philadelphia, PA 19103 (215) 963-4806 Fax: (215) 963-5001 Email: jgcooney@morganlewis.com
ATTORNEY TO BE NOTICED

Namita Elizabeth Mani
Morgan, Lewis & Bockius LLP (New York) 101 Park Avenue New York, NY 10178 (212) 309-6156 Fax: (212) 309-6001 Email: nmani@morganlewis.com
ATTORNEY TO BE NOTICED

Shana Ruth Cappell
Morgan, Lewis & Bockius LLP (New York) 101 Park Avenue New York, NY 10178 (212)-309-7132 Fax: (212)-309-6001 Email: scappell@morganlewis.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-07-23 1 0 COMPLAINT against Pearson Education Inc.. (Filing Fee $ 350.00, Receipt Number 694993)Document filed by Norbert Wu.(rdz) (ama). (Entered: 07/24/2009)
2009-08-19 2 0 WAIVER OF SERVICE RETURNED EXECUTED. Pearson Education Inc. waiver sent on 7/23/2009, answer due 9/21/2009. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 08/19/2009)
2009-09-08 3 0 ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 10/30/2009 at 11:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 9/3/2009) (jpo) (Entered: 09/08/2009)
2009-09-21 4 0 NOTICE OF APPEARANCE by Shana Ruth Cappell on behalf of Pearson Education Inc. (Cappell, Shana) (Entered: 09/21/2009)
2009-10-08 5 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from Shana R. Cappell dated 9/21/09 re: Pearson respectfully requests that the Court grant it permission to file a motion to dismiss for failure to state a claim pursuant to F.R.C.P. 12(b)(6), if the Court deems it necessary, that the Court schedule a pre-motion conference. ENDORSEMENT: The proposed motion shall be discussed at the pre-trial conference on 10/30/09 at 11 a.m. (Signed by Judge Richard J. Holwell on 10/8/09) (tro) (Entered: 10/08/2009)
2009-10-13 6 0 MOTION for Robert A. Particelli to Appear Pro Hac Vice. Document filed by Pearson Education Inc.(dle) (Entered: 10/14/2009)
2009-10-13 7 0 MOTION for J. Gordon Cooney to Appear Pro Hac Vice. Document filed by Pearson Education Inc.(dle) (Entered: 10/14/2009)
2009-10-16 8 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 7 Motion for J. Gordon Cooney, Jr. to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 10/15/2009) (jpo) (Entered: 10/16/2009)
2009-10-16 9 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 6 Motion for Robert A. Particelli, III to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 10/15/2009) (jpo) (Entered: 10/16/2009)
2009-10-29 10 0 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Norbert Wu, Pearson Education Inc..(Nelson, Danial) (Entered: 10/29/2009)
2009-11-17 11 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from J. Gordon Cooney, Jr. dated 11/12/09 re: Counsel for Defendant request a telephone conference with the Court. ENDORSEMENT: A teleconference shall be held on Friday, November 20, 2009, at 4:45 p.m. (Signed by Judge Richard J. Holwell on 11/16/09) (tro) (Entered: 11/17/2009)
2009-12-01 12 0 MOTION for Ezra Dodd Church to Appear Pro Hac Vice. Document filed by Pearson Education Inc.(dle) (Entered: 12/01/2009)
2009-12-04 13 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 12 Motion for Ezra Dodd Church to Appear Pro Hac Vice. (Signed by Judge Richard J. Holwell on 12/3/2009) (tve) (Entered: 12/04/2009)
2009-12-08 14 0 ORDER: Class Certification Discovery due by 5/17/2010. Motion to Join Parties due 1/1/10. Motions to Amend Pleadings due 3/1/2010. Status Conference set for 5/21/2010 at 10:00 AM before Judge Richard J. Holwell. Motion for Class Certification due 6/1/10. Defendants Response to Class Certification Motion due 7/1/10. Plaintiffs Reply to Class Certification Motion due 7/15/10. (Signed by Judge Richard J. Holwell on 12/7/09) (db) (Entered: 12/08/2009)
2009-12-08 15 0 ORDER: This Order memorializes the Court's ruling at the conference held on December 7, 2009, Plaintiff is granted leave to make any amendments to its complaint that it wishes within 45 days from the date of this Order. The defendant may file a motion to dismiss, if any, within thirty days of the filing of any amended pleadings, Plaintiff is advised that while it may choose not to amend its complaint at this time, such a decision will affect the Court's amenability to future requests to amend. (Signed by Judge Richard J. Holwell on 12/7/09) (db) (Entered: 12/08/2009)
2009-12-29 16 0 ORDER: Pretrial Conference set for 1/29/2010 at 10:00 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. SO ORDERED. (Signed by Judge Richard J. Holwell on 12/22/2009) (tve) (Entered: 12/29/2009)
2010-01-07 17 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from Ezra Dodd Church dated 1/5/2010 re: Counsel writes to request an adjournment of the pre-trial conference scheduled for 1/29/2010. ENDORSEMENT: Conference adjourned to 3/12/10 at 10:30. So Ordered. (Signed by Judge Richard J. Holwell on 1/7/2010) (jfe) (Entered: 01/07/2010)
2010-01-15 18 0 AMENDED COMPLAINT amending 1 Complaint against Pearson Education Inc.Document filed by Norbert Wu. Related document: 1 Complaint filed by Norbert Wu.(ama) (Entered: 01/19/2010)
2010-02-08 19 0 NOTICE OF APPEARANCE by Namita Elizabeth Mani on behalf of Pearson Education Inc. (Mani, Namita) (Entered: 02/08/2010)
2010-02-08 20 0 NOTICE of Withdrawal of Robert A. Particelli, III. Document filed by Pearson Education Inc.. (Mani, Namita) (Entered: 02/08/2010)
2010-02-09 21 0 NOTICE OF CHANGE OF ADDRESS by Danial A. Nelson on behalf of all plaintiffs. New Address: NELSON & McCULLOCH LLP, The Chrysler Building, 405 Lexington Ave, 25th Floor, New York, NY, USA 10174, (646) 704-4900. (Nelson, Danial) (Entered: 02/09/2010)
2010-02-08 22 0 MOTION for David W. Marston, Jr. to Appear Pro Hac Vice. Document filed by Pearson Education Inc.(mro) (Entered: 02/09/2010)
2010-02-16 23 0 MOTION to Dismiss and Strike Portions of the Amended Complaint. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 02/16/2010)
2010-02-16 24 0 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 02/16/2010)
2010-02-16 25 0 AFFIDAVIT of Ezra Dodd Church in Support re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint.. Document filed by Pearson Education Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Church, Ezra) (Entered: 02/16/2010)
2010-02-16 26 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Pearson plc as Corporate Parent. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 02/16/2010)
2010-02-22 27 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 22 Motion for David W. Marston, Jr. to Appear Pro Hac Vice for defendant Pearson Education, Inc. (Signed by Judge Richard J. Holwell on 2/22/10) (cd) (Entered: 02/22/2010)
2010-02-23 28 0 MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss and Strike Portions of the Amended Complaint.. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 02/23/2010)
2010-02-23 29 0 MEMORANDUM OF LAW in Support re: 28 MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss and Strike Portions of the Amended Complaint... Document filed by Norbert Wu. (Nelson, Danial) (Entered: 02/23/2010)
2010-03-11 30 0 MOTION to Deny Class Certification. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 03/11/2010)
2010-03-11 31 0 MEMORANDUM OF LAW in Support re: 30 MOTION to Deny Class Certification.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 03/11/2010)
2010-03-11 32 0 AFFIDAVIT of Ezra Dodd Church in Support re: 30 MOTION to Deny Class Certification.. Document filed by 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, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(Church, Ezra) (Entered: 03/11/2010)
2010-03-11 33 0 ORDER granting 28 Motion for Extension of Time to File Response/Reply re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint. Plaintiffs unopposed motion 28 for an extension of time in which to file its opposition to defendant's motion to dismiss is granted, Plaintiff shall file its opposition by March 23, 2010. Defendant shall file its reply by April 13, 2010. Furthermore, the conferences scheduled for March 12, 2010 and May 21, 2010 are hereby adjourned pending the Court's review of defendant's motion to dismiss. SO ORDERED. (Signed by Judge Richard J. Holwell on 3/10/2010) (tve) (Entered: 03/11/2010)
2010-03-23 34 0 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 03/23/2010)
2010-03-23 35 0 DECLARATION of Danial A. Nelson in Opposition re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 03/23/2010)
2010-03-30 36 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from David W. Marston, Jr. dated 3/22/2010 re: Counsel for defendant writes requesting a pre-motion conference to obtain permission to file a motion for a protective order. ENDORSEMENT: Application denied. Class action discovery shall proceed in accordance with the Court's Order dated 12/7/2009. Defendant's motion to deny class certification, filed prior to having requested a pre-motion conference is denied without prejudice to re-file after 5/17/2010. SO ORDERED. (Signed by Judge Richard J. Holwell on 3/30/2010) (tve) (Entered: 03/30/2010)
2010-04-13 37 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from Dan Nelson dated 4/7/2010 re: Counsel write on behalf of Plaintiff Norbert Wu in this action and in response to the 4/7/2010 letter submitted by counsel for Defendant Pearson Education, Inc. Although Plaintiff agrees that a pre-motion conference to discuss the parties disagreements regarding certain provisions of Defendant's proposed protective order, counsel want to take this opportunity to set forth Plaintiff's position on the issues raised by Defendant and to clarify the improper characterizations of their position made by counsel for Defendant. ENDORSEMENT: The parties shall meet and confer to resolve to the extent possible all disagreements as to the text of a protective order. Any remaining disputes shall be submitted to the Court in a single draft protective order containing alternate draft language. The Court will then finalize and sign the Order. (Signed by Judge Richard J. Holwell on 4/12/2010) (tro) (Entered: 04/13/2010)
2010-04-13 38 0 REPLY MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 04/13/2010)
2010-05-05 39 0 MOTION for Extension of Time to Complete Discovery. Document filed by Norbert Wu. Return Date set for 5/20/2010 at 10:00 AM.(Nelson, Danial) (Entered: 05/05/2010)
2010-05-05 40 0 MEMORANDUM OF LAW in Support re: 39 MOTION for Extension of Time to Complete Discovery.. Document filed by Norbert Wu. (Attachments: # 1 Text of Proposed Order Proposed Revised Discovery Schedule)(Nelson, Danial) (Entered: 05/05/2010)
2010-05-12 42 0 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. SO ORDERED. Motions referred to James C. Francis. (Signed by Judge Richard J. Holwell on 5/11/2010) (jmi) (Entered: 05/12/2010)
2010-05-24 43 0 MEMORANDUM OF LAW in Opposition re: 39 MOTION for Extension of Time to Complete Discovery.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 05/24/2010)
2010-05-24 44 0 DECLARATION of Ezra Dodd Church in Opposition re: 39 MOTION for Extension of Time to Complete Discovery.. Document filed by Pearson Education Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit D (redacted))(Church, Ezra) (Entered: 05/24/2010)
2010-05-25 45 0 MOTION to Compel Depositions of Griffin and Mangione. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 05/25/2010)
2010-05-25 46 0 MEMORANDUM OF LAW in Support re: 45 MOTION to Compel Depositions of Griffin and Mangione.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/25/2010)
2010-05-25 47 0 DECLARATION of Danial A. Nelson in Support re: 45 MOTION to Compel Depositions of Griffin and Mangione.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/25/2010)
2010-05-27 48 0 MOTION to Compel Discovery. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 05/27/2010)
2010-05-27 49 0 MEMORANDUM OF LAW in Support re: 48 MOTION to Compel Discovery.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/27/2010)
2010-05-27 50 0 DECLARATION of Danial A. Nelson in Support re: 48 MOTION to Compel Discovery.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/27/2010)
2010-05-27 51 0 REPLY MEMORANDUM OF LAW in Support re: 39 MOTION for Extension of Time to Complete Discovery.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/27/2010)
2010-05-27 52 0 DECLARATION of Danial A. Nelson in Support re: 39 MOTION for Extension of Time to Complete Discovery.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/27/2010)
2010-06-01 53 0 RESPONSE in Opposition re: 45 MOTION to Compel Depositions of Griffin and Mangione.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 06/01/2010)
2010-06-03 54 0 REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Compel Depositions of Griffin and Mangione.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 06/03/2010)
2010-06-03 55 0 DECLARATION of Danial A. Nelson in Support re: 45 MOTION to Compel Depositions of Griffin and Mangione.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 06/03/2010)
2010-06-03 56 0 RESPONSE in Opposition re: 48 MOTION to Compel Discovery.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 06/03/2010)
2010-07-13 57 0 STIPULATED CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge James C. Francis on 7/12/2010) (jpo) (Entered: 07/13/2010)
2010-07-14 58 0 ORDER granting in part 39 Motion for Extension of Time to Complete Discovery; denying 45 Motion to Compel; granting in part and denying in part 48 Motion to Compel. Plaintiff's motion to compel the depositions of Maureen Griffin and Jerry Mangione (Docket no. 45) is denied as moot, as these witnesses have now been deposed by agreement of the parties. Plaintiff's motion to compel discovery (Docket no. 48) is granted to the extent that for all publications containing plaintiff's images, defendant shall produce: (1) print run totals, (2) book bound dates, (3) photo credit pages, and (4) project detail reports or similar information. This information is pertinent to issues of commonality and typicality and, of course, will ultimately be central to plaintiff's individual claims. There is no justification for limiting production to a "random sample" of 126 publications, which amounts to approximately two-thirds of all publications containing plaintiff's images. With respect to defendant's position that it need not search electronically stored information, defendant is reminded of its obligation under Rule 26 (g) of the Federal Rules of Civil Procedure to certify the completeness of its responses after a reasonable inquiry. In all other respects, plaintiff's motion is denied without prejudice to renewal after the class certification motion is decided. Plaintiff's application for an order requiring defendant to produce a Rule 30(b) (6) witness for further deposition (Letter of Dan Nelson dated June 2, 2010; Letter of Dan Nelson dated May 10, 2010) is granted to the extent that defendant shall make a Rule 30 (b) (6) designee available for a deposition concerning information relating to retroactive permissioning. No firm time limit shall be set for that deposition at this time. Defendant need not produce an additional 30(b) (6) witness on the issue of print runs, as that information will be included in the documents produced pursuant to paragraph 2 above. Defendant also need not produce a witness to testify about late permissioning because that issue is beyond the scope of plaintiff's proposed class, which consists of "all persons whose timely copyrighted photographs were used by Defendant in excess of an existing license agreement without permission" (Amended Complaint, paragraph 207) (emphasis added); late permissioning involved the use of images when no agreement whatsoever was in place. Plaintiff's motion to extend the deadline for discovery and class certification briefing (Docket no. 39) is granted to the extent that the following schedule is adopted: a. August 6, 2010 - complete class discovery. b. September 3, 2010 - deadline for plaintiff's motion for class certification. c. October 1, 2010 - deadline for defendant's opposition to class certification. d. October 15, 2010 - deadline for plaintiff's reply on class certification. (Signed by Magistrate Judge James C. Francis on 7/14/2010) Copies Mailed By Chambers. (tro) (Entered: 07/14/2010)
2010-07-14 59 0 LETTER addressed to Judge Richard J. Holwell from Dan Nelson dated 5/10/10 re: Plaintiff writes to request a conference with the Court pursuant to Local Rule 37.2 to seek leave to file a motion to compel. Document filed by Norbert Wu.(mro) (Entered: 07/14/2010)
2010-07-14 60 0 LETTER addressed to Magistrate Judge James C. Francis from David W. Marston Jr. dated 5/25/10 re: For the reasons listed herein, plaintiff's request to file a motion to compel a second rule 30(b)(6) deposition of Pearson should be denied. Document filed by Pearson Education Inc.(mro) (Entered: 07/14/2010)
2010-07-14 61 0 LETTER addressed to Magistrate Judge James C. Francis from David W. Marston Jr. dated 6/4/10 re: Counsel have met and conferred on the issues listed herein and write to provide an update as Your Honor requested during the status hearing. Document filed by Pearson Education Inc.(mro) (Entered: 07/14/2010)
2010-07-14 62 0 LETTER addressed to Magistrate Judge James C. Francis from Dan Nelson dated 6/9/10 re: Plaintiff writes in regard to two outstanding discovery motions in the above-referenced matter. Document filed by Norbert Wu.(mro) (Entered: 07/14/2010)
2010-07-14 63 0 LETTER addressed to Magistrate Judge James C. Francis from Dan Nelson dated 7/1/10 re: Plaintiff writes to bring new information to Your Honor's attention regarding one of the pending discovery issues. Document filed by Norbert Wu.(mro) (Entered: 07/14/2010)
2010-07-14 64 0 LETTER addressed to Magistrate Judge James C. Francis from David W. Marston Jr. dated 7/8/10 re: Defendant writes to respond to the July 1st letter from plaintiff's counsel. Document filed by Pearson Education Inc.(mro) (Entered: 07/14/2010)
2010-07-14 65 0 LETTER addressed to Magistrate Judge James C. Francis from David W. Marston Jr. dated 6/9/10 re: Defendant writes to respond to the letter submitted today by plaintiff's counsel concerning two outstanding discovery motions. Document filed by Pearson Education Inc.(mro) (Entered: 07/14/2010)
2010-08-02 66 0 SEALED DOCUMENT placed in vault.(cb) (Entered: 08/02/2010)
2010-08-20 67 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from David W. Marston Jr. dated 7/30/2010 re: Counsel for Defendant Pearson Education, Inc. write to provide an update concerning Pearson's production of the information identified in your Honor's Order of 7/14/2010 and to seek clarification of the Order in one respect. ENDORSEMENT: The additional production is not necessary at this time. This is without prejudice to plaintiff renewing his application after receiving Pearson's opposition to the motion for class certification. (Signed by Magistrate Judge James C. Francis on 8/20/2010) (tro) (Entered: 08/20/2010)
2010-08-24 68 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Kevin McCulloch dated 8/24/2010 re: The parties agreed to the following schedule: Motion for Class Certification- 10/11/2010; Opposition- 11/8/2010; Reply- 11/22/2010. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 8/24/2010) (tro) Modified on 8/25/2010 (tro). (Entered: 08/24/2010)
2010-09-14 69 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Ezra D. Church dated 9/13/2010 re: request that certain exhibits to Pearson's Motion to Deny Class Certification (docket no. 32) be sealed pursuant to the Stipulated Protective Order entered on 7/13/2010 (docket no. 57), specifically exhibits nos. 2,3 & 4. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 9/13/2010) (jar) (Entered: 09/14/2010)
2010-09-20 70 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Kevin McCulloch dated 9/15/2010 re: Counsel writes to request that Your Honor reconsider the decision granting the request of defendant that the Court seal certain exhibits to defendant's motion to deny class certification. ENDORSEMENT: Application for reconsideration granted. Plaintiff may file a formal motion seeking to unseal and/or de-designate the subject documents. However, counsel for both parties are cautioned that costs, including attorneys fees, will be addressed against the party that does not prevail. These are issues that should not warrant litigation. So Ordered. (Signed by Magistrate Judge James C. Francis on 9/15/2010) (jfe) (Entered: 09/20/2010)
2010-09-30 71 0 MEMORANDUM OPINION AND ORDER #99508 re: 23 MOTION to Dismiss and Strike Portions of the Amended Complaint, filed by Pearson Education Inc. Defendant's motion to dismiss (23) is granted in part and denied in part. Defendant's motion to stay all state law claims arising from the Minden and Arnold agreements pending arbitration is GRANTED. Defendant's motion to stay the remaining claims is DENIED. Defendant's motion to strike is DENIED as moot. Defendant's motion to dismiss copyright claims stemming from the Arnold agreement is GRANTED. Defendant's motion to dismiss all other copyright claims is DENIED. Defendant's motion to dismiss Counts II-IX of the complaint as they pertain to the AA photograph is DENIED without prejudice. (Signed by Judge Richard J. Holwell on 9/29/10) (cd) Modified on 10/4/2010 (ajc). (Entered: 09/30/2010)
2010-10-06 72 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from David Marston dated 10/5/10 re: Request for the following briefing schedule for the class certification motion. ENDORSEMENT: The schedule set forth above is adopted. (Motion due by 10/25/2010. Response due by 11/22/2010. Reply due by 11/29/2010.) (Signed by Magistrate Judge James C. Francis on 10/6/10) (cd) (Entered: 10/06/2010)
2010-10-07 73 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Ezra D. Church dated 10/6/2010 re: Pearson withdraws its request that Exhibits 2, 3 & 4 attached to Dkt. No. 32 be maintained under seal. ENDORSEMENT: Application granted. The documents identified above shall be unsealed. So Ordered. (Signed by Magistrate Judge James C. Francis on 10/6/2010) (jfe) (Entered: 10/07/2010)
2010-10-14 74 0 ANSWER to Amended Complaint. Document filed by Pearson Education Inc.. Related document: 18 Amended Complaint filed by Norbert Wu.(Church, Ezra) (Entered: 10/14/2010)
2010-10-20 75 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from Dan Nelson dated 10/14/10 re: Counsel requests that the Court stay this action completely in order to coordinate this case and Wu II, or, at the very least, to continue the class certification briefing schedule until after the Court has an opportunity to consider these issues at the November 19 scheduling conference.Respectfully ENDORSEMENT: The November 19 conference is rescheduled for November 4, 2010 at 4:00 p.m. Scheduling issues will be addressed at the conference; however plaintiff should be prepared to file their class certification shortly after the conference. ( Status Conference set for 11/4/2010 at 04:00 PM before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell on 10/20/10) (djc) (Entered: 10/20/2010)
2010-10-20 76 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from David W. Marston, Jr., dated 10/14/10 re: Pearson requests a pre-motion conference to obtain permission to file a motion for reconsideration of your Honor's Order of September 30, 2010 with respect to the copyright infringement claims for photographs licensed by Minden Pictures. ENDORSEMENT: These issues will be discussed during the conference scheduled for 11/19 at 11:30 a.m. for the related case, Wu v. Pearson, 10 cv 6537. (Signed by Judge Richard J. Holwell on 10/18/10) (djc) Modified on 10/26/2010 (djc). (Entered: 10/20/2010)
2010-11-03 77 0 ENDORSED LETTER addressed to Judge Richard J. Holwell from Ezra Dodd Church dated 10/22/2010 re: Therefore, we respectfully request an adjournment of the conference. We have consulted with Plaintiff's counsel and confirmed that both parties are available on November 10, 11 and 12. Pearson has not previously requested an adjournment of this conference. ENDORSEMENT: Conference adjourned to 11/10/10 at 2:30. SO ORDERED. ( Status Conference set for 11/10/2010 at 02:30 PM before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell on 11/1/2010) (jmi) (Entered: 11/03/2010)
2010-11-29 78 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Dan Nelson dated 11/8/10 re: counsel writes to request a pre-motion conference to seek leave to move, pursuant to Paragraph 10 of the Protective Order, to strike certain "Confidential" designations made by Defendant Pearson Education, Inc. In particular, Plaintiff seeks to strike Defendant's "Confidential" designation applied to documents that merely identify print run information and publication dates. ENDORSEMENT: Application denied. Defendant has established the commercial sensitivity of its print runs and related information. However, this ruling is without prejudice to any application to create a limited exception to the protective order by, for example permitting counsel to share information about specific print runs with the photographers whose work appears in those publications, conditioned upon the photographers agreeing to confidentiality. JUDGE'S INITIALS ARE TO APPEAR ON ALL PAPERS SUBMITTED TO THIS COURT. (Signed by Magistrate Judge James C. Francis on 11/29/10) (djc) Modified on 11/29/2010 (djc). (Entered: 11/29/2010)
2010-11-29 79 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Dan Nelson dated 11/9/10 re: Plaintiff thus requests leave to move for sanctions pursuant Rule 26(g)(3) and for another order compelling Pearson to review its electronic systems and produce all responsive documents. ENDORSEMENT: Application denied. Defendant has represented that it has searched its electronically-stored information for documents responsive to plaintiff's requests, limited to documents relevant to class certification. The requested documents concerning ongoing negotiations, while they may be pertinent to the merits, are not relevant to class certification. JUDGE'S INITIALS ARE TO APPEAR ON ALL PAPERS SUBMITTED TO THIS COURT. (Signed by Magistrate Judge James C. Francis on 11/29/10); (djc) Modified on 11/29/2010 (djc). (Entered: 11/29/2010)
2010-11-24 80 0 Letter addressed to Magistrate James C. Francis from Ezra D. Church dated 11/15/2010 re: We represent the Defendant Pearson Education, Inc. in the above referenced action. We write in response to the 11/8 letter from plaintiff's counsel requesting leave to file a motion challenging Pearson's designation of a spreadsheet containing print run totals and publication dates (also called "book bound" dates) as "Confidential" under the Stipulation Confidentiality Order of July 13, 2010 (Docket No. 57). For these reasons, Pearson respectfully requests that the Court deny Plaintiff's request to file a motion to de-designate the print quantity and publication dates produced in this case. Document filed by Pearson Education Inc.(mbe) (Entered: 12/01/2010)
2010-11-24 81 0 Letter addressed to Magistrate James C. Francis from David W. Marston Jr. dated 11/17/2010 re: We represent the Defendant Pearson Education, Inc. ("Pearson") in the above-referenced action and write to respond to the November 9, 2010 letter from plaintiff's counsel requesting leave to move from sanctions and for an order compelling Pearson to "review its electronic systems and produce all responsive documents. This is the third time Plaintiff's counsel with your Honor's discovery Order of July 14, 2010 and there is no basis for sanctions. Accordingly, Pearson respectfully requests that the Court deny Plaintiff's request for leave to move for sanctions and for an order compelling any additional discovery. Document filed by Pearson Education Inc.(mbe) (Entered: 12/01/2010)
2010-12-01 82 0 ORDER. On November 15, 2010, the Court held a teleconference at which both parties were present. The defendant expressed its intention to file a motion for reconsideration in Wu I, 09 Civ. 6557, and a motion to dismiss in Wu II, 10 Civ. 6537. The Court adopts the following schedule: 1. Moving papers to be filed by January 5, 2011. 2. Oppositions to be filed by February 4, 2011. 3. Replies to be filed by February 18, 2011. In addition, the court adopts the following consolidated briefing schedule for the motion for class certification, which shall apply to both Wu I and Wu II: 1. Moving papers to be filed by February 25, 2011. 2. Oppositions to be filed by March 28, 2011. 3. Replies to be filed by April 11, 2011. (Signed by Judge Richard J. Holwell on 11/30/10) (djc) Modified on 12/2/2010 (djc). Modified on 12/2/2010 (djc). (Entered: 12/01/2010)
2010-12-13 83 0 MOTION for Reconsideration re; 78 Endorsed Letter,,,,. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 12/13/2010)
2010-12-13 84 0 MEMORANDUM OF LAW in Support re: 83 MOTION for Reconsideration re; 78 Endorsed Letter,,,,.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 12/13/2010)
2010-12-13 85 0 DECLARATION of Danial A. Nelson in Support re: 83 MOTION for Reconsideration re; 78 Endorsed Letter,,,,.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 12/13/2010)
2010-12-14 86 0 ORDER: The Court is in receipt of plaintiffs letter requesting leave to file a motion for reconsideration, This proposed motion is not procedurally appropriate because plaintiff does not propose to ask the Court to reconsider its ruling in light of the evidence available at the time the ruling was made. If plaintiff wishes to move for leave to amend his complaint, he may do so. (Signed by Judge Richard J. Holwell on 12/13/2010) (jpo) (Entered: 12/14/2010)
2010-12-22 87 0 FIRST MOTION for Leave to File Plaintiffs Second Amended Complaint. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 12/22/2010)
2010-12-22 88 0 MEMORANDUM OF LAW in Support re: 87 FIRST MOTION for Leave to File Plaintiffs Second Amended Complaint.. Document filed by Norbert Wu. (Attachments: # 1 Exhibit Proposed Second Ammended Complaint)(Nelson, Danial) (Entered: 12/22/2010)
2010-12-22 89 0 DECLARATION of Danial A. Nelson in Support re: 87 FIRST MOTION for Leave to File Plaintiffs Second Amended Complaint.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 12/22/2010)
2011-01-05 90 0 MEMORANDUM OF LAW in Opposition re: 87 FIRST MOTION for Leave to File Plaintiffs Second Amended Complaint.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 01/05/2011)
2011-01-05 91 0 MOTION for Reconsideration re; 71 Memorandum & Opinion,,,. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 01/05/2011)
2011-01-05 92 0 MEMORANDUM OF LAW in Support re: 91 MOTION for Reconsideration re; 71 Memorandum & Opinion,,,.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 01/05/2011)
2011-01-07 93 0 REPLY MEMORANDUM OF LAW in Support re: 87 FIRST MOTION for Leave to File Plaintiffs Second Amended Complaint.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 01/07/2011)
2011-01-07 94 0 SEALED DOCUMENT placed in vault.(cb) (Entered: 01/07/2011)
2011-01-18 95 0 ORDER: granting 87 Motion for Leave to Amend the Complaint. (Signed by Judge Richard J. Holwell on 1/14/2011) (ae) (Entered: 01/18/2011)
2011-01-19 96 0 SECOND AMENDED COMPLAINT amending 18 Amended Complaint against Pearson Education Inc. with JURY DEMAND.Document filed by Norbert Wu. Related document: 18 Amended Complaint filed by Norbert Wu.(mro) (Entered: 01/31/2011)
2011-02-04 97 0 RESPONSE in Opposition re: 91 MOTION for Reconsideration re; 71 Memorandum & Opinion,,,.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 02/04/2011)
2011-02-04 98 0 DECLARATION of Danial A. Nelson in Opposition re: 91 MOTION for Reconsideration re; 71 Memorandum & Opinion,,,.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 02/04/2011)
2011-02-07 99 0 ANSWER to Amended Complaint. Document filed by Pearson Education Inc.. Related document: 96 Amended Complaint filed by Norbert Wu.(Church, Ezra) (Entered: 02/07/2011)
2011-02-18 100 0 REPLY MEMORANDUM OF LAW in Support re: 91 MOTION for Reconsideration re; 71 Memorandum & Opinion,,,.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 02/18/2011)
2011-02-24 101 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from David W. Marston Jr. dated 2/18/2011 re: Counsel for Defendant Pearson Education, Inc. and the related action, requests the Court's assistance in compelling Plaintiff Norbert Wu to produce two discrete categories of documents relevant to the upcoming class certification briefing. ENDORSEMENT: Application granted. Plaintiff shall produce the requested documents by March 14, 2011. No adjustment in the schedule for briefing class certification is necessary, since plaintiff's brief will be submitted before the documents will be collected and reviewed, and plaintiff can address any issues related to these documents in his reply. (Signed by Magistrate Judge James C. Francis on 2/24/2011) (tro) (Entered: 02/24/2011)
2011-02-24 102 0 ORDER granting 83 Motion for Reconsideration re 78 Endorsed Letter. Reconsideration is granted, but upon reconsideration I adhere to my prior determination. This resolves Docket no. 83. (Signed by Magistrate Judge James C. Francis on 2/24/2011) Copies Mailed By Chambers. (tro) (Entered: 02/24/2011)
2011-02-25 103 0 MOTION to Certify Class. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 02/25/2011)
2011-02-25 104 0 DECLARATION of Danial A. Nelson in Support re: 103 MOTION to Certify Class.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 02/25/2011)
2011-02-25 105 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 02/28/2011)
2011-03-01 106 0 ORDER: The Court is in receipt of plaintiff's letters requesting a pre-motion conference to seek leave to file a motion for preliminary injunction. A conference is scheduled for March 3, 2011 at 2:30 p.m. So Ordered (Signed by Judge Richard J. Holwell on 2/28/2011) (js) (Entered: 03/01/2011)
2011-03-17 107 0 ENDORSED LETTER addressed to Judge Richard J. Holwell, Magistrate Judge James C. Francis, IV from Kevin P. McCulloch, dated 3/15/2011, re: I represent Plaintiff Norbert Wu ("Plaintiff") in the above-referenced cases, and I write regarding Plaintiff's request to unseal the Memorandum of Law (Dkt. No. 105) filed in support of Plaintiff's recent Motion for Class Certification. Plaintiff's counsel raised this issue with Judge Holwell at the conference in chambers on March 3, 2011, at which point Judge Holwell instructed us to raise the issue with Judge Francis. By mere oversight, we addressed the letter to Judge Holwell instead. Rather than point this oversight out to us, Defendant's counsel responded to our letter by insinuating that we were avoiding raising this issue with Judge Francis based on Judge Francis' prior rulings upholding Defendant's designation of one (1) single document as confidential. That is incorrect, this was merely an oversight. To correct the issue, we are transmitting this letter to both chambers in order to bring this matter to Judge Francis' attention. ENDORSEMENT: Counsel shall attempt to agree on a redacted form of plaintiff's brief that may be publicly filed, following which counsel shall submit any residual disputes to me by March 25, 2011. SO ORDERED. (Docketed in Case No. 1:10-CV-06537) (Signed by Magistrate Judge James C. Francis on 3/17/2011) (lnl) (Entered: 03/17/2011)
2011-03-18 108 0 MOTION for Preliminary Injunction and Other Relief. Document filed by Norbert Wu.(Nelson, Danial) (Entered: 03/18/2011)
2011-03-18 109 0 MEMORANDUM OF LAW in Support re: 108 MOTION for Preliminary Injunction and Other Relief.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 03/18/2011)
2011-03-18 110 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/21/2011)
2011-03-25 111 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Dan Nelson dated 3/17/11 re: Counsel for the plaintiff seeks the Court's approval as to the sufficiency of these documents (attached hereto as Exhibit B) and its approval that, upon execution of the proposed confidentiality agreement, that specific print runs may be shared with the content owners whose works appear in these publications. ENDORSEMENT: Application denied without prejudice to renewal upon proffer of a proposed form letter that would be sent to the photographers with the print runs and identification of what information about the print runs would be provided. While I previously indicated that an exception might be made to the confidentiality order in such circumstances, I did not finally decide the issue. (Docket no. 78). Because the information is commercially sensitive and because of the risk of confusion for the photographers, I wish to understand the full scope of plaintiffs' proposal before ruling. So ordered. (Signed by Magistrate Judge James C. Francis on 3/24/2011) (mro) (Entered: 03/25/2011)
2011-03-28 112 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 03/29/2011)
2011-03-30 113 0 ORDER: regarding resolution of a dispute presented by the parties concerning redactions to Plaintiff's Memorandum of Law in Support of the Motion for Class Certification, and defendant having submitted proposed redactions attached to the Letter of Ezra D. Church dated 3/25/2011 as set forth in this Order. (Signed by Magistrate Judge James C. Francis on 3/30/2011) Copies Mailed By Chambers. (ae) (Entered: 03/30/2011)
2011-04-04 114 0 MEMORANDUM OF LAW in Opposition re: 108 MOTION for Preliminary Injunction and Other Relief.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 04/04/2011)
2011-04-04 115 0 DECLARATION of Ezra D. Church in Opposition re: 108 MOTION for Preliminary Injunction and Other Relief.. Document filed by Pearson Education Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Church, Ezra) (Entered: 04/04/2011)
2011-04-11 116 0 REPLY MEMORANDUM OF LAW in Support re: 103 MOTION to Certify Class.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 04/11/2011)
2011-04-11 117 0 DECLARATION of Danial Nelson in Support re: 103 MOTION to Certify Class.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 04/11/2011)
2011-04-11 118 0 REPLY MEMORANDUM OF LAW in Support re: 108 MOTION for Preliminary Injunction and Other Relief.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 04/11/2011)
2011-05-09 119 0 MEMORANDUM OF LAW in Support re: 103 MOTION to Certify Class.. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 05/09/2011)
2011-06-01 120 0 TRANSCRIPT of Proceedings re: argument held on 5/9/2011 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Michael McDaniel, (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 6/27/2011. Redacted Transcript Deadline set for 7/8/2011. Release of Transcript Restriction set for 9/2/2011.(McGuirk, Kelly) (Entered: 06/01/2011)
2011-06-01 121 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 5/9/11 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: 06/01/2011)
2011-06-07 122 0 MEMORANDUM AND ORDER denying 108 Motion for Preliminary Injunction and Other Relief, filed by Norbert Wu: For the reasons set forth on this Memorandum and Order, the plaintiff's motion is denied in all respects. (Signed by Magistrate Judge James C. Francis on 6/7/2011) Copies Mailed By Chambers. (ab) (Entered: 06/07/2011)
2011-06-28 123 0 NOTICE of of Supplemental Authority re: 103 MOTION to Certify Class., 118 Reply Memorandum of Law in Support of Motion, 112 Sealed Document. Document filed by Pearson Education Inc.. (Attachments: # 1 Exhibit A)(Marston, David) (Entered: 06/28/2011)
2011-08-01 124 0 ORDER: The Court will hear oral argument on plaintiff s motion for class certification on September 9,2011 at 3:00 PM. The parties are directed to appear at the courtroom of the Honorable Richard J. Holwell, Courtroom 178, 500 Pearl St., New York, NY 10007. (Signed by Judge Richard J. Holwell on 7/28/2011) (jfe) Modified on 8/5/2011 (jfe). (Entered: 08/01/2011)
2011-08-03 125 0 MEMORANDUM OF LAW in Opposition re: 103 MOTION to Certify Class.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 08/03/2011)
2011-09-08 126 0 ORDER: The oral argument scheduled for September 9, 2011 is adjourned until September 26, 2011 at 10:00 AM. (Oral Argument set for 9/26/2011 at 10:00 AM before Judge Richard J. Holwell.) (Signed by Judge Richard J. Holwell on 9/8/2011) (ab) (Entered: 09/08/2011)
2011-09-30 127 0 MEMORANDUM ORDER AND OPINION:#100913 For the foregoing reasons, Pearson's motion for reconsideration [09 Civ. 6557, 91] is DENIED. Wu's motion for class certification with respect to the Wu I action [09 Civ. 6557, 103] is GRANTED with the modifications noted above. Wu's motion for class certification with respect to the Wu II action [10 Civ. 6537, 17] is DENIED. Pearson's motion to dismiss the Wu II [10 Civ. 6537, 11] action is WITHDRAWN. With regards to the Wu II, Wu may conduct additional class discovery of the defendant and of third party witnesses to determine whether the defects described in this opinion can be cured. The parties are directed to meet and confer regarding a proposed discovery schedule and submit the schedule to the Court within fourteen days of the date of this order. Re: (103 in 1:09-cv-06557-RJH-JCF) MOTION to Certify Class filed by Norbert Wu, (91 in 1:09-cv-06557-RJH-JCF) MOTION for Reconsideration re; (71) Memorandum & Opinion filed by Pearson Education Inc., (17 in 1:10-cv-06537-RJH) MOTION to Certify Class filed by Norbert Wu, (11 in 1:10-cv-06537-RJH) MOTION to Dismiss filed by Pearson Education Inc. (Signed by Judge Richard J. Holwell on 9/30/11) (rjm) Modified on 10/17/2011 (jab). (Entered: 09/30/2011) 2011-10-01 09:25:47 2a54fd36f442d183ed379615b7baaa986644716f
2011-12-15 128 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Dan Nelson dated 12/12/2011 re: I write on behalf of Plaintiff Norbert Wu ("Plaintiff") in response to your request for a status update on the above-referenced matter. ENDORSEMENT: By December 30, 2011 counsel shall submit letter motions concerning any residual discovery disputes. By January 31, 2012, counsel shall submit agreed upon or competing language for class notice. (Signed by Magistrate Judge James C. Francis on 12/15/2011) (lmb) (Entered: 12/15/2011)
2012-01-30 129 0 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Ezra D. Church dated January 30, 2012 re: We represent Defendant Pearson Education, Inc. ("Pearson") in the above-referenced action. We write jointly with class counsel, Nelson & McCulloch, LLP, to respectfully request an extension of the January 31, 2012 deadline for submission of "agreed upon or competing language for class notice." Docket No. 128. In order to allow the parties to continue to discuss, we propose an extension until February 14, 2012, which is still more than two (2) weeks in advance of the conference scheduled with Your Honor for March 2, 2012. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/30/2012) (djc) (Entered: 01/31/2012)
2012-02-09 130 0 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Richard J. Holwell is no longer assigned to the case. (sjo) (Entered: 02/09/2012)
2012-02-28 131 0 MANDATE of USCA (Certified Copy) USCA Case Number 11-4227-cv. Uon due consideration, it is hereby ORDERED that the petition for 23(f) for leave to appeal the District Court's order grating Respondents' motion for class certification is DENIED because an immediate appeal is unwarranted. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/28/2012. (nd) (Entered: 02/29/2012)
2012-03-06 132 0 ORDER. Counsel having submitted competing class action notices, and a pretrial conference having been held on March 2, 2012, it is hereby ORDERED that class notice be disseminated in form attached and in the manner directed by the Honorable Katherine B. Forrest, U.S.D.J. (Signed by Magistrate Judge James C. Francis on 3/6/2012) Copies Mailed By Chambers. (rjm) (Entered: 03/06/2012)
2012-03-07 133 0 ORDER: It is ORDERED that all discovery in this matter, fact and expert, shall be completed on or before July 16, 2012. It is FURTHER ORDERED that each party shall notify the Court on or before July 23, 2012 whether it intends to move for summary judgment. It is FURTHER ORDERED that the parties shall appear on July 27, 2012 at 10:30 a.m., in Courtroom 15A, United States Courthouse, 500 Pearl Street, New York, NY 10007, for a status conference. It is FURTHER ORDERED that the parties shall be prepared for a trial to begin in this matter on October 1, 2012. ( Expert Discovery due by 7/16/2012., Fact Discovery due by 7/16/2012., Ready for Trial by 10/1/2012., Status Conference set for 7/27/2012 at 10:30 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 3/7/2012) (jfe) (Entered: 03/07/2012) 2012-03-27 17:35:08 84cae886eea92d59ca505f1e03b7e23d56fdff64
2012-03-07 134 0 Letter addressed to Magistrate Judge James C. Francis from Ezra D. Church dated 2/14/12 re: Counsel for the defendants encloses Pearson's proposal for class notice which it believes meets the requirements of Rule 23(c)(2)(B) and is fair and neutral in its approach. Document filed by Pearson Education Inc. ***Accepted for filing by the Honorable James C. Francis on 3/6/2012.(mro) (Entered: 03/07/2012)
2012-03-07 135 0 Letter addressed to Magistrate Judge James C. Francis from Dan Nelson dated 2/14/12 re: Counsel for the plaintiff writes to provide the court with plaintiff's proposed class notice. Document filed by Norbert Wu. ***Accepted for filing by the Honorable James C. Francis on 3/6/2012.(mro) (Entered: 03/07/2012)
2012-04-12 136 0 MEMORANDUM AND ORDER: With respect to settlement-related discovery, Pearson shall produce within one week of the date of this order: 1. Any document reflecting punitive fees or penalties that Pearson has paid to resolve print overrun claims; 2. Any document reflecting final settlement of claims concerning print overruns; 3. Documents sufficient to show the date on which any claim concerning a print overrun was initiated; and 4. Any specific document previously requested by plaintiff that may have been withheld because it was created in the context of settlement negotiations. These documents shall be produced, as appropriate, pursuant to the confidentiality order in place in this case. In all other respects, the plaintiff's application to compel production of settlement-related discovery is denied. (Signed by Magistrate Judge James C. Francis on 4/12/2012) Copies Mailed By Chambers. (lmb) (Entered: 04/12/2012) 2012-04-13 09:31:30 cca3d41885ef25b4c97d5ee9ea4cd57a7a614e18
2012-04-12 137 0 Letter addressed to Magistrate Judge James C. Francis from Kevin P. McCulloch re: Counsel for the plaintiff writes on behalf of the parties to advise the Court that the parties have been able to reach an agreement or reach significant progress on most of the outstanding discovery issues. The parties also anticipate being able to reach agreement on certain additional issues as set forth herein. Document filed by Norbert Wu. ***Accepted for filing by Chambers as a docket and file.(mro) (Entered: 04/13/2012)
2012-04-12 138 0 Letter addressed to Magistrate Judge James C. Francis from David W. Marston Jr dated 4/6/12 re: Counsel for the defendant writes to respond to plaintiffs 3/30/12 letter seeking additional discovery concerning confidential settlement agreements. Document filed by Pearson Education Inc. ***Accepted for filing by Chambers as a docket and file. (mro) (Entered: 04/13/2012)
2012-04-12 139 0 Letter addressed to Magistrate Judge James C. Francis from Dan Nelson re: Counsel for the plaintiff writes in reply to the letter submitted by counsel for the defendant on 4/6/12 regarding plaintiff's outstanding discovery requests. Document filed by Norbert Wu. ***Accepted for filing by Chambers as a docket and file. (mro) (Entered: 04/13/2012)
2012-04-13 140 0 ORDER: IT IS HEREBY ORDERED that the Order of Reference to a Magistrate Judge, entered May 12, 2010, is vacated. All matters will proceed before Judge Forrest, except for matters related to settlement. (Signed by Judge Katherine B. Forrest on 4/13/2012) (djc) (Entered: 04/13/2012)
2012-04-18 141 0 ENDORSED LETTER addressed to Judge Katherine B. Forrest from David W. Marston Jr. dated 4/17/2012 re: We represent Defendant Pearson Education, Inc. ("Pearson") in the above-referenced action and write with respect to Magistrate Judge Francis's April 12, 2012 Order (Docket No. 136), in which Judge Francis ordered Pearson to produce four categories of settlement-related information within seven days. Because the deadline for complying with the April 12 Order is this Thursday, April 19, Pearson respectfully asks that the Court give prompt attention to its request. ENDORSEMENT: Pearson must only produce redacted copies of the agreements at this time. (Signed by Judge Katherine B. Forrest on 4/18/2012) (lmb) (Entered: 04/18/2012)
2012-05-03 142 0 ORDER: ORDERED that the parties shall jointly submit a status letter regarding these two actions no later than May 11, 2012. The parties are directed to address, inter alia, their views regarding whether these related actions should be tried together and to what extent they may be proceed on the same schedule(including deadlines for the close of all discovery, submission of all pretrial materials, including the Joint Pretrial Order, and informing the Court whether a party intends to file a motion for summary judgment). (Signed by Judge Katherine B. Forrest on 5/2/2012) (djc) (Entered: 05/03/2012) 2012-05-08 16:18:46 b471089714cc2e91d6729022c2020c4398df6f33
2012-05-18 143 0 ORDER: The Court has received the parties' letters regarding discovery disputes in these related actions. The Court will wait to make a determination on the disputes until the status conference scheduled for May 29, 2012, at 1:00 p.m. The status conference will regard both Wu I and Wu II. In the interim, the parties are directed to cease any discovery related to Judge Francis's April 12, 2012 decision. ( Status Conference set for 5/29/2012 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 5/18/2012) (mro) (Entered: 05/18/2012)
2012-05-30 144 0 ORDER: As stated at the status conference on May 29, 2012, Defendant's motion for summary judgment shall be submitted not later than June 12, 2012; a response shall be submitted not later than July 10, 2012; and a reply, if any, shall be submitted not later than July 17, 2012. The above actions will be coordinated for pre-trial purposes. ( Motions due by 6/12/2012, Responses due by 7/10/2012, Replies due by 7/17/2012.) (Signed by Judge Katherine B. Forrest on 5/30/2012) (djc) (Entered: 05/30/2012) 2012-05-31 11:45:16 9f124ee3c0d7363d22a3f6a0e3b4e2f6dbdb223e
2012-07-18 145 0 ORDER: The parties are directed to review the attached decisionand notify the Court by July 23, 2012, whether any party would like to move for decertification, or any other ruling related to the class previously certified in this action. (Signed by Judge Katherine B. Forrest on 7/17/2012) (cd) (Entered: 07/18/2012) 2012-07-24 11:30:45 e28c7e3bd1be678993f9ba3b93b5b8786a3742f8
2012-07-18 146 0 NOTICE of Intent to Move for Decertification. Document filed by Pearson Education Inc.. (Marston, David) (Entered: 07/18/2012)
2012-07-23 147 0 Objection re: 146 Notice (Other) to Decertify. Document filed by Norbert Wu. (Nelson, Danial) (Entered: 07/23/2012)
2012-07-23 148 0 ORDER: With regard to Wu I, having received defendant's Notice of Intent to Move for Decertification, defendant shall serve and file its motion for decertification not later than August 8, 2012; plaintiff shall serve and file its opposition not later than August 29, 2012; defendant shall serve and file a reply, if any, not later than September 5, 2012. With regard to Wu I and Wu II, the status conference scheduled for July 27, 2012, is hereby adjourned to September 21, 2012, at 9:00 a.m., ( Motions due by 8/8/2012., Responses due by 8/29/2012., Replies due by 9/5/2012.), ( Status Conference set for 9/21/2012 at 09:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/23/2012) (lmb) (Entered: 07/23/2012)
2012-07-24 149 0 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kevin McCulloch dated 7/23/2012 re: We are counsel for Plaintiff Wu in the above-referenced action. I write to request that the Court consider the suggestion raised in Plaintiff's Objection to Defendant's Notice of Intent to Move for Decertification filed earlier today (Dkt. No. 147) that the Court permit a conference on the propriety of allowing Defendant's motion at this juncture. ENDORSEMENT: The schedule is amended as follows: - Defendant shall submit its motion for decertification not later than August 29, 2012; - Plaintiff shall submit a response not later than September 17, 2012; - and a reply, if any, shall be submitted not later than September 24, 2012. The status conference is adjourned to October 19, 2012, at 12:00 p.m. (Motions due by 8/29/2012, Responses due by 9/17/2012, Replies due by 9/24/2012, Status Conference set for 10/19/2012 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 7/24/2012) (djc) (Entered: 07/24/2012) 2012-07-27 13:21:22 5cc203ba434e89ce6d440ff80e5ddff41dd8f772
2012-07-26 150 0 MEMORANDUM & ORDER: In light of the relevant facts and circumstances, it is plain to see that this motion is an expression of plaintiff's disapproval with the decisions that this Court has made in its judicial role--and a party's disagreement with judicial decisions does not provide a basis for recusal. Liteky v. United States, 510 U.S. 540, 555 (1994). Here, a reasonable person could not reasonably question this Court's impartiality. Accordingly, the motion for recusal is DENIED. (Signed by Judge Katherine B. Forrest on 7/26/2012) (mro) (Entered: 07/26/2012) 2012-07-27 13:24:18 38f66a98fdc4621683863226d805b421ff3e199e
2012-08-15 151 0 ENDORSED LETTER: addressed to Judge Katherine B. Forrest from David W. Marston dated 8/14/2012 re: Counsel for defendant request a one week adjournment of the status conference currently set for October 19, 2012. Counsel has confirmed with Mr. Pecorino that the Court is available at 2:00 p.m. on October 26, 2012. ENDORSEMENT: Request granted. So Ordered., ( Status Conference set for 10/26/2012 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/14/2012) (js) (Entered: 08/16/2012)
2012-08-28 152 0 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Eztra D. Church dated 8/24/2012 re: Counsel requests permission to file a memorandum of law of up to 35 pages in length. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 8/28/2012) (jfe) (Entered: 08/29/2012)
2012-08-29 153 0 MOTION to Decertify the Class. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 08/29/2012) 2012-09-28 08:57:52 82a5973c3f455458d0777af75c53fd7ec8d2b685
2012-08-29 154 0 SEALED DOCUMENT placed in vault.(nm) (Entered: 08/30/2012)
2012-09-11 155 0 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Kevin McCulloch dated 9/10/2012 re: Counsel requests an extension of time to respond to Defendant's Motion to Decertify the Class until October 8, 2012. ENDORSEMENT: Application granted. (Signed by Judge Katherine B. Forrest on 9/10/2012) (jfe) (Entered: 09/11/2012)
2012-09-20 156 0 ORDER: It is hereby ORDERED that the trial in this matter, scheduled for October 1, 2012, is adjourned. (Signed by Judge Katherine B. Forrest on 9/20/2012) (djc) (Entered: 09/20/2012)
2012-10-09 157 0 ORDER: The Status Conference in this action scheduled for Friday October 26, 2012, is hereby rescheduled to Thursday, October 25, 2012 at 1:30 p.m. SO ORDERED.( Status Conference set for 10/25/2012 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/09/2012) (ama) (Entered: 10/09/2012)
2012-10-09 158 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 10/10/2012)
2012-10-16 159 0 REPLY MEMORANDUM OF LAW in Support re: 153 MOTION to Decertify the Class.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 10/16/2012) 2012-10-17 09:06:24 5e39702922870633731a872f5a4531b95d04e6ad
2012-10-23 160 0 ENDORSED LETTER addressed to Judge Katherine B. Forrest from J. Gordon Cooney, Jr. dated 10/22/2012 re: Counsel for the defendant requests an adjournment of the status conference scheduled for October 25, 2012. ENDORSEMENT: Ordered: Conference adjourned to Nov. 13 at 1:30 p.m. (Status Conference set for 11/13/2012 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/23/2012) (ft) (Entered: 10/23/2012) 2012-11-15 11:28:30 d207532f7260d6bb4746b7a45223580112aea11c
2012-11-09 161 0 ORDER: It is hereby ORDERED that the status conference schedule for November 13, 2012, is adjourned to December 20,2012, at 1:00 p.m. (Signed by Judge Katherine B. Forrest on 11/9/2012) (mt) (Entered: 11/09/2012)