Case details

Court: nysd
Docket #: 1:10-cv-05912
Case Name: Psihoyos et al v. Pearson Education Inc.
PACER case #: 366298
Date filed: 2010-08-05
Assigned to: Judge J. Paul Oetken
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Louis Psihoyos
Plaintiff
Danial A. Nelson
Nelson & McCulloch LLP The Chrysler Building 405 Lexingston Aveune 26th Floor New York, NY 10174 (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)-704-4900 Fax: (646)-308-1178 Email: kmcculloch@nelsonmcculloch.com
ATTORNEY TO BE NOTICED

James P. Reed
Plaintiff
Danial A. Nelson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin Patrick McCulloch
(See above for address)
ATTORNEY TO BE NOTICED

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

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

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

R.R. Donnelley & Sons Company
Defendant
Ezra Dodd Church
(See above for address)
ATTORNEY TO BE NOTICED

Courier Corporation
Defendant
Ezra Dodd Church
(See above for address)
ATTORNEY TO BE NOTICED

Failsafe Media Company
Defendant
Ezra Dodd Church
(See above for address)
ATTORNEY TO BE NOTICED

Bradford & Bigelow, Inc.
Defendant
TERMINATED: 12/02/2011
Ezra Dodd Church
(See above for address)

Lehigh Phoenix
Defendant
TERMINATED: 12/02/2011
Ezra Dodd Church
(See above for address)

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-08-05 1 0 COMPLAINT against Pearson Education Inc. (Filing Fee $ 350.00, Receipt Number 911460)Document filed by Louis Psihoyos, James P. Reed.(ama) (ama). (Entered: 08/06/2010)
2010-09-08 2 0 CERTIFICATE OF SERVICE of Summons and Complaint. Pearson Education Inc. served on 8/31/2010, answer due 9/21/2010. Service was accepted by Sara Marzitelli, Managing Agent. Document filed by Louis Psihoyos; James P. Reed. (Nelson, Danial) (Entered: 09/08/2010)
2010-09-22 3 0 NOTICE OF COURT ARGUMENT: Oral Argument set for 11/2/2010 at 02:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 9/22/2010) (jpo) (Entered: 09/22/2010)
2010-09-29 4 0 NOTICE OF APPEARANCE by Namita Elizabeth Mani on behalf of Pearson Education Inc. (Mani, Namita) (Entered: 09/29/2010)
2010-09-29 5 0 MOTION to Dismiss complaint. Document filed by Pearson Education Inc.. Responses due by 10/18/2010 Return Date set for 11/2/2010 at 02:00 PM.(Mani, Namita) (Entered: 09/29/2010)
2010-10-04 6 0 MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss complaint.. Document filed by Pearson Education Inc.. (Mani, Namita) (Entered: 10/04/2010)
2010-10-18 7 0 MEMORANDUM OF LAW in Opposition re: 5 MOTION to Dismiss complaint.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 10/18/2010)
2010-10-18 8 0 DECLARATION of Danial A. Nelson in Opposition re: 5 MOTION to Dismiss complaint.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 10/18/2010)
2010-10-19 9 0 MOTION for Ezra Dodd Church to Appear Pro Hac Vice. Document filed by Pearson Education Inc.(mro) (Entered: 10/20/2010)
2010-10-19 10 0 MOTION for David W. Marston, Jr. to Appear Pro Hac Vice. Document filed by Pearson Education Inc.(mro) (Entered: 10/20/2010)
2010-10-21 11 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: that Ezra Dodd Church is admitted to practice pro hac vice as counsel for Defendant Pearson Education, Inc. in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately apply for an Electronic Case Filing (ECF) system password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Jed S. Rakoff on 10/20/10) (laq) (Entered: 10/21/2010)
2010-10-21 12 0 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: that David W. Marston, Jr. is admitted to practice pro hac vice as counsel for Defendant Pearson Education, Inc. in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately apply for an Electronic Case Filing (ECF) system password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court (Signed by Judge Jed S. Rakoff on 10/20/10) (laq) (Entered: 10/21/2010)
2010-10-25 13 0 REPLY MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss complaint.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 10/25/2010)
2010-11-03 14 0 CASE MANAGEMENT PLAN: This case is to be tried to a jury. Amended Pleadings due by 1/19/2011. Joinder of Parties due by 12/22/2010. Motions due by 3/7/2011. Responses due by 3/21/2011 Replies due by 3/28/2011. Deposition due by 2/28/2011. Discovery due by 2/28/2011. Final Pretrial Conference set for 4/4/2011 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 11/2/2010) (jpo) (Entered: 11/03/2010)
2010-11-10 15 0 ORDER that plaintiffs are hereby ordered, on pain of contempt, to produce to the defendant by no later than 11/15/10 the four registration numbers corresponding to the following images listed in the complaint, as further set forth in this document. (Signed by Judge Jed S. Rakoff on 11/9/10) (cd) (Entered: 11/10/2010)
2010-11-15 16 0 MOTION for Reconsideration re; 15 Order,. Document filed by Louis Psihoyos, James P. Reed.(Nelson, Danial) (Entered: 11/15/2010)
2010-11-15 17 0 MEMORANDUM OF LAW in Support re: 16 MOTION for Reconsideration re; 15 Order,.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 11/15/2010)
2010-11-17 18 0 MEMORANDUM OF LAW in Opposition re: 16 MOTION for Reconsideration re; 15 Order,.. Document filed by Pearson Education Inc.. (Marston, David) (Entered: 11/17/2010)
2010-11-17 19 0 TRANSCRIPT of proceedings held on 11/2/10, 4:30 p.m. before Judge Jed S. Rakoff. (rjm) (Entered: 11/18/2010)
2010-11-22 20 0 ORDER, that on November 2, 2010, the Court convened an initial conference in this copyright case to begin managing the case and also to hear oral arguments on the motion of defendant Pearson Education, Inc. to dismiss the action. At that time, the Court, in the exercise of its supervisory powers and to aid the efficient management of the case, asked plaintiffs to submit to the defendant by November 9, 2010 the copyright registration numbers for the four images at issue in plaintiffs' complaint. However, during a joint conference call to Chambers convened by the plaintiffs on November 8, 2010, counsel for the plaintiffs indicated that he had not provided these numbers and had no intention of providing them absent a court order. Accordingly, in a written Order issued November 9, 2010, the Court ordered plaintiffs, on pain of contempt, to produce to the defendant by no later than November 15, 2010 the four registration numbers corresponding to the images listed in plaintiffs' complaint. See 11/09/10 Order. On November 15, 2010, plaintiffs convened another joint conference call to Chambers and requested leave to file a motion for reconsideration of the Court's Order. The Court granted the request; plaintiffs' motion for reconsideration was duly filed on November 15, 2010 and defendant's opposition papers were filed on November 17, 2010. Having now carefully reviewed these submissions, the Court denies the motion for reconsideration as wholly lacking in merit. Indeed, it is increasingly apparent that plaintiffs are seeking to avoid complying with this Court's very modest directive designed to help manage this case in a reasonable and practical manner, and the frivolous nature of their obstinacy only invites suspicion. In any event, any further refusal to comply with the Order of the Court would constitute an unacceptable contempt of the Court's authority. Plaintiffs are therefore ordered, on pain of contempt, to furnish to the defendant and the Court, by 5:00 p.m. on November 24, 2010, the four registration numbers specified in the Court's Order of November 9, 2010. (Signed by Judge Jed S. Rakoff on 11/19/10) (pl) Modified on 1/3/2011 (pl). (Entered: 11/22/2010)
2010-11-30 21 0 ORDER dismissing as moot, without prejudice to the defendant's challenging the validity of the aforementioned numbers at later stages of this litigation 5 Motion to Dismiss; terminating 16 Motion for Reconsideration. The Clerk of the Court is directed to close item numbers 5 and 16 on the docket of this case. (Signed by Judge Jed S. Rakoff on 11/30/10) (cd) (Entered: 11/30/2010)
2010-12-07 22 0 ORDER: The Court agrees that a Protective Order is warranted in this case. Accordingly, the Court hereby orders defenadnt to submit a proposed Protective Order modeled in the Court's Model Protective Order, modifies only in the limited respect proposed in the defendant's letter. See Def. Ltr. at 2. The remaining documents regarding the court photographs should be provided promptly after the Court signs the Protective Order. (Signed by Judge Jed S. Rakoff on 12/6/2010) (jpo) (Entered: 12/07/2010)
2010-12-14 23 0 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 12/9/2010) (js) (Entered: 12/14/2010)
2010-12-14 24 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Pearson plc as Corporate Parent. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 12/14/2010)
2010-12-14 25 0 ANSWER to Complaint. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 12/14/2010)
2010-12-16 26 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. ENDORSEMENT: All case management dates remain as previously set. So Ordered (Signed by Judge Jed S. Rakoff on 12/15/2010) (js) (Entered: 12/16/2010)
2010-12-17 27 0 MOTION for Reconsideration re; 22 Order,. Document filed by Louis Psihoyos, James P. Reed.(Nelson, Danial) (Entered: 12/17/2010)
2010-12-17 28 0 MEMORANDUM OF LAW in Support re: 27 MOTION for Reconsideration re; 22 Order,.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 12/17/2010)
2010-12-17 29 0 DECLARATION of Danial A. Nelson in Support re: 27 MOTION for Reconsideration re; 22 Order,.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 12/17/2010)
2010-12-23 30 0 MEMORANDUM OF LAW in Opposition re: 27 MOTION for Reconsideration re; 22 Order,.. Document filed by Pearson Education Inc.. (Attachments: # 1 Exhibit)(Church, Ezra) (Entered: 12/23/2010)
2010-12-22 31 0 FIRST AMENDED COMPLAINT amending 1 Complaint against Bradford & Bigelow, Inc., Courier Corporation, Failsafe Media Company, Lehigh Phoenix, Pearson Education Inc., R.R. Donnelley & Sons Company with JURY DEMAND.Document filed by Louis Psihoyos, James P. Reed. Related document: 1 Complaint filed by Louis Psihoyos, James P. Reed.(ama) (Entered: 12/29/2010)
2011-01-10 32 0 ANSWER to Amended Complaint. Document filed by Pearson Education Inc.. Related document: 31 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 01/10/2011)
2011-01-11 33 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint. Bradford & Bigelow, Inc. served on 1/6/2011, answer due 1/27/2011. Service was accepted by Robert Sante Fournier - Office Manager. Document filed by Louis Psihoyos; James P. Reed. (Nelson, Danial) (Entered: 01/11/2011)
2011-01-13 34 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint. Lehigh Phoenix served on 1/7/2011, answer due 1/28/2011. Service was accepted by Aixa Flores - Agent. Document filed by Louis Psihoyos; James P. Reed. (Nelson, Danial) (Entered: 01/13/2011)
2011-01-13 35 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint. R.R. Donnelley & Sons Company served on 1/7/2011, answer due 1/28/2011. Service was accepted by Aixa Flores - Agent. Document filed by Louis Psihoyos; James P. Reed. (Nelson, Danial) (Entered: 01/13/2011)
2011-01-17 36 0 MOTION to Dismiss Count II of Plaintiffs' Amended Complaint. Document filed by Pearson Education Inc..(Church, Ezra) (Entered: 01/17/2011)
2011-01-17 37 0 MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss Count II of Plaintiffs' Amended Complaint.. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 01/17/2011)
2011-01-18 38 0 ORDER denying 27 Motion for Reconsideration. Accordingly, plaintiffs' motion for reconsideration hereby denied, and the Clerk of the Court is directed to close item number 27 on the docket of this case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/18/2011) (jmi) (Entered: 01/18/2011)
2011-01-19 39 0 SECOND AMENDED COMPLAINT amending 31 Amended Complaint, against Bradford & Bigelow, Inc., Courier Corporation, Failsafe Media Company, Lehigh Phoenix, Pearson Education Inc., R.R. Donnelley & Sons Company with JURY DEMAND.Document filed by Louis Psihoyos, James P. Reed. Related document: 31 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(mbe) (Entered: 01/21/2011)
2011-01-25 40 0 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint. Failsafe Media Company served on 1/12/2011, answer due 2/2/2011. Service was accepted by DANIELLE MCLAMORE - AGENT. Document filed by Louis Psihoyos; James P. Reed. (Nelson, Danial) (Entered: 01/25/2011)
2011-01-26 41 0 SETTLEMENT CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for SETTLEMENT. A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON FEBRUARY 1, 2011, AT 11:00 A.M. IN COURTROOM 18D, 500 PEARL STREET. (Signed by Magistrate Judge Ronald L. Ellis on 1/26/2011) (jfe) (Entered: 01/26/2011)
2011-02-01 42 0 ORDER. The Court denies defendant's application for costs. (Signed by Judge Jed S. Rakoff on 1/31/2011) (rjm) (Entered: 02/01/2011)
2011-02-01 43 0 RESPONSE to Motion re: 36 MOTION to Dismiss Count II of Plaintiffs' Amended Complaint.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 02/01/2011)
2011-02-07 44 0 ANSWER to Amended Complaint. Document filed by Pearson Education Inc.. Related document: 39 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 02/07/2011)
2011-02-16 45 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Visant Corporation as Corporate Parent. Document filed by Lehigh Phoenix.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 46 0 ANSWER to Amended Complaint. Document filed by Lehigh Phoenix. Related document: 39 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 47 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bradford & Bigelow, Inc..(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 48 0 ANSWER to Amended Complaint. Document filed by Bradford & Bigelow, Inc.. Related document: 39 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 49 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Failsafe Media Company.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 50 0 ANSWER to Amended Complaint. Document filed by Failsafe Media Company. Related document: 39 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 51 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Courier Corporation.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 52 0 ANSWER to Amended Complaint. Document filed by Courier Corporation. Related document: 39 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 53 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by R.R. Donnelley & Sons Company.(Church, Ezra) (Entered: 02/16/2011)
2011-02-16 54 0 ANSWER to Amended Complaint. Document filed by R.R. Donnelley & Sons Company. Related document: 39 Amended Complaint, filed by Louis Psihoyos, James P. Reed.(Church, Ezra) (Entered: 02/16/2011)
2011-02-22 55 0 ORDER WITHDRAWING REFERENCE TO A MAGISTRATE JUDGE: The above captioned case was referred to Magistrate Judge Ellis on December 16, 2010. IT IS HEREBY ORDERED that the reference to the Magistrate Judge is withdrawn and the Court will retain full jurisdiction over the case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/22/2011) (lnl) (Entered: 02/23/2011)
2011-03-01 56 0 CIVIL CASE MANAGEMENT PLAN: The Case is to be tried to a jury. Amended Pleadings due by 5/2/2011. Joinder of Parties due by 5/2/2011. Responses due by 9/26/2011 Replies due by 10/3/2011. Deposition due by 8/29/2011. Discovery due by 8/29/2011. Final Pretrial Conference set for 10/11/2011 at 04:00 PM before Judge Jed S. Rakoff. Ready for Trial by 4/4/2011. All motions and applications shall be governed by Judge Rakoff's Individual Rules of Practice. Counsel shall promptly familiarize themselves with all of the Court's Individual Rules, as well as with the Local Rules for the United States District Court for the Southern District of New York. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/24/2011) (jmi) (Entered: 03/01/2011)
2011-03-10 57 0 MOTION to Strike Document No. [44, 46, 48, 50, 52, 54]. Document filed by Louis Psihoyos. Responses due by 3/24/2011(Nelson, Danial) (Entered: 03/10/2011)
2011-03-10 58 0 MEMORANDUM OF LAW in Support re: 57 MOTION to Strike Document No. [44, 46, 48, 50, 52, 54].. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 03/10/2011)
2011-03-10 59 0 DECLARATION of Danial Nelson in Support re: 57 MOTION to Strike Document No. [44, 46, 48, 50, 52, 54].. Document filed by Louis Psihoyos. (Nelson, Danial) (Entered: 03/10/2011)
2011-03-25 60 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Bradford & Bigelow, Inc.. (Church, Ezra) (Entered: 03/25/2011)
2011-03-25 61 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Courier Corporation. (Church, Ezra) (Entered: 03/25/2011)
2011-03-25 62 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Failsafe Media Company. (Church, Ezra) (Entered: 03/25/2011)
2011-03-25 63 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Lehigh Phoenix. (Church, Ezra) (Entered: 03/25/2011)
2011-03-25 64 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by R.R. Donnelley & Sons Company. (Church, Ezra) (Entered: 03/25/2011)
2011-03-25 65 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 03/25/2011)
2011-05-02 66 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Bradford & Bigelow, Inc.. (Church, Ezra) (Entered: 05/02/2011)
2011-05-02 67 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Courier Corporation. (Church, Ezra) (Entered: 05/02/2011)
2011-05-02 68 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Failsafe Media Company. (Church, Ezra) (Entered: 05/02/2011)
2011-05-02 69 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Lehigh Phoenix. (Church, Ezra) (Entered: 05/02/2011)
2011-05-02 70 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by Pearson Education Inc.. (Church, Ezra) (Entered: 05/02/2011)
2011-05-02 71 0 AMENDED ANSWER to 39 Amended Complaint,. Document filed by R.R. Donnelley & Sons Company. (Church, Ezra) (Entered: 05/02/2011)
2011-08-23 72 0 ORDER finding as moot 36 Motion to Dismiss; finding as moot 57 Motion to Strike. Accordingly, because defendants' 1/17/2011 motion to dismiss and plaintiffs' 3/10/2011 motion to strike are now moot, the Clerk of the Court is directed to close item numbers 36 and 57 on the docket of this case. (Signed by Judge Jed S. Rakoff on 8/22/2011) (tro) (Entered: 08/23/2011)
2011-09-06 73 0 MOTION for Summary Judgment. Document filed by Louis Psihoyos. Responses due by 9/26/2011 Return Date set for 10/11/2011 at 04:00 PM.(Nelson, Danial) (Entered: 09/06/2011)
2011-09-06 74 0 NOTICE of Motion for Partial Summary Judgment. Document filed by Bradford & Bigelow, Inc., Courier Corporation, Failsafe Media Company, Lehigh Phoenix, Pearson Education Inc., R.R. Donnelley & Sons Company. (Church, Ezra) (Entered: 09/06/2011)
2011-09-12 75 0 MOTION for Partial Summary Judgment. Document filed by Courier Corporation, Failsafe Media Company, Pearson Education Inc.. Responses due by 9/26/2011 Return Date set for 10/11/2011 at 04:00 PM.(Church, Ezra) (Entered: 09/12/2011)
2011-09-12 76 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 75 MOTION for Partial Summary Judgment. Document filed by Courier Corporation, Failsafe Media Company, Pearson Education Inc. (Attachments: # 1 Local Rule 56.1 Statement of Uncontested Facts, # 2 Text of Proposed Order)(Church, Ezra) Modified on 9/13/2011 (db). (Entered: 09/12/2011)
2011-09-12 77 0 DECLARATION of Ezra D. Church in Support re: 75 MOTION for Partial Summary Judgment.. Document filed by Courier Corporation, Failsafe Media Company, Pearson Education Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Church, Ezra) (Entered: 09/12/2011)
2011-09-12 78 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/13/2011)
2011-09-13 79 0 MEMORANDUM OF LAW in Support re: 75 MOTION for Partial Summary Judgment.. Document filed by Courier Corporation, Failsafe Media Company, Pearson Education Inc.. (Attachments: # 1 Text of Proposed Order)(Church, Ezra) (Entered: 09/13/2011)
2011-09-13 80 0 RULE 56.1 STATEMENT. Document filed by Courier Corporation, Failsafe Media Company, Pearson Education Inc.. (Church, Ezra) (Entered: 09/13/2011)
2011-09-14 81 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/14/2011)
2011-09-22 82 0 ORDER: Pending before the Court is the motion of plaintiffs Louis Psihoyos and James P. Reed request the Court impose sanctions on defendant for its conduct relating to plaintiffs' motion to compel discovery, which was argued before this Court on August 19, 2011. After full consideration of the parties' briefs, oral argument, and supplemental briefing post-argument, the Court hereby denies the motion. (Signed by Judge Jed S. Rakoff on 9/21/2011) (cd) (Entered: 09/22/2011)
2011-09-26 83 0 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - (SEE DOCUMENT #86) - REPLY MEMORANDUM OF LAW in Opposition re: 75 MOTION for Partial Summary Judgment.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) Modified on 9/27/2011 (lb). (Entered: 09/26/2011)
2011-09-26 84 0 DECLARATION of Danial A. Nelson in Opposition re: 75 MOTION for Partial Summary Judgment.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 09/26/2011)
2011-09-26 85 0 COUNTER STATEMENT TO 80 Rule 56.1 Statement. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 09/26/2011)
2011-09-26 86 0 MEMORANDUM OF LAW in Opposition re: 75 MOTION for Partial Summary Judgment.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 09/26/2011)
2011-09-26 87 0 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/27/2011)
2011-09-30 88 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 89 0 REPLY MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 10/03/2011)
2011-10-03 90 0 RULE 56.1 STATEMENT. Document filed by Louis Psihoyos, James P. Reed. (Nelson, Danial) (Entered: 10/03/2011)
2011-10-03 91 0 DECLARATION of Danial A. Nelson in Support re: 73 MOTION for Summary Judgment.. Document filed by Louis Psihoyos, James P. Reed. (Attachments: # 1 Exhibit Exs 41-60, # 2 Exhibit Exs 61-70, # 3 Exhibit Exs 71-80, # 4 Exhibit Exs 81-88)(Nelson, Danial) (Entered: 10/03/2011)
2011-10-03 92 0 REPLY MEMORANDUM OF LAW in Support re: 75 MOTION for Partial Summary Judgment.. Document filed by Courier Corporation, Failsafe Media Company, Pearson Education Inc.. (Church, Ezra) (Entered: 10/03/2011)
2011-10-04 93 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Dan Nelson dated 10/3/2011 re: Counsel for the Plaintiff writes to request leave to submit a 17-page reply brief in support of Plaintiffs' pending motion for partial summary judgment. ENDORSEMENT: Request granted. (Signed by Judge J. Paul Oetken on 10/3/2011) (ab) (Entered: 10/04/2011)
2011-11-22 94 0 TRANSCRIPT of Proceedings re: Conference held on 10/11/2011 before Judge J. Paul Oetken. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/16/2011. Redacted Transcript Deadline set for 12/26/2011. Release of Transcript Restriction set for 2/23/2012.(McGuirk, Kelly) (Entered: 11/22/2011)
2011-11-22 95 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/11/2011 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: 11/22/2011)
2011-12-02 96 0 STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(A): that the claims against Bradford and Lehigh Phoenix in the above-captioned action be dismissed without prejudice. Each party shall bear its own costs and attorneys' fees. (Signed by Judge J. Paul Oetken on 12/1/2011) (cd) (Entered: 12/02/2011)
2012-01-13 97 0 TRANSCRIPT of Proceedings re: Conference held on 10/11/2011 before Judge J. Paul Oetken. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012.(McGuirk, Kelly) (Entered: 01/13/2012)
2012-01-13 98 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 10/11/11 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: 01/13/2012)
2012-02-29 99 0 MEMORANDUM AND ORDER: For the foregoing reasons, Plaintiffs motion for partial summary judgment (Dkt. No. 73) is GRANTED in part and DENIED in part. The motion is granted as to Plaintiffs ownership of the images at issue and as to their standing to bring this suit, but denied in all other respects.The parties shall submit a joint letter to the Court no later than March 15, 2012 setting forth any additional discovery that may be necessary to prepare this case for trial in light of this Opinion. (Signed by Judge J. Paul Oetken on 2/29/2012) (djc) (Entered: 03/01/2012)
2012-03-23 100 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Ezra D. Church dated 3/19/2012 re: Counsel responds to Plaintiffs' Reply Letter of March 15, 2012. ENDORSEMENT: A conference in this case will be held on April 2, 2012 at 2:30 p.m. ( Status Conference set for 4/2/2012 at 02:30 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 3/22/2012) (djc) (Entered: 03/23/2012)
2012-05-03 101 0 Letter addressed to Judge J. Paul Oetken from Ezra D. Church dated 4/23/2012 re: We represent Defendant Pearson Education, Inc. ("Pearson") in the above-referenced action and write to respond to Plaintiffs' letter of April 13, 2012 concerning the production of settlement related discovery. Document filed by Pearson Education Inc.(djc) (Entered: 05/03/2012)
2012-05-03 102 0 Letter addressed to Judge J. Paul Oetken from Kevin P. McCulloch dated 4/13/2012 re: We represent Plaintiffs Louis Psihoyos and James Reed ("Plaintiffs") in the above-referenced action. We write to advise Your Honor that, following the conference in this matter on April 11, 2012, Judge Francis entered a discovery order in Wu v. Pearson Education, Inc" No. 09-cv-6557 (KBF), compelling Defendant Pearson Education, Inc. ("Pearson") to produce certain categories of settlement-related discovery within seven (7) days, ( Document filed by Louis Psihoyos, James P. Reed.(djc) (Entered: 05/03/2012)
2012-05-03 103 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Kevin P. McCulloch dated 4/23/2012 re: We represent Plaintiffs Louis Psihoyos and James Reed ("Plaintiffs") in the above-referenced action. We write in response to the letter submitted today by Defendant's counsel requesting leave to redact settlement information from settlement agreements being produced in this action. ENDORSEMENT: Consistent with Judge Forrest's ruling in Wu v. Pearson Educ., No. 09 CV6557, Defendant shall produce the settlement - related documents (to the extent it has not done so already) but may redact settlement amounts from any settlement agreements. (Signed by Judge J. Paul Oetken on 5/3/2012) (djc) (Entered: 05/03/2012)
2012-05-08 104 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/11/2012 before Judge J. Paul Oetken. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2012. Redacted Transcript Deadline set for 6/11/2012. Release of Transcript Restriction set for 8/9/2012.(McGuirk, Kelly) (Entered: 05/08/2012)
2012-05-08 105 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/08/2012)
2012-07-16 106 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)
2012-07-16 107 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, James P. Reed.(js) (Entered: 07/16/2012)
2012-07-16 108 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, James P. Reed.(js) (Entered: 07/16/2012)
2012-08-15 109 0 ENDORSED LETTER addressed to Judge J. Paul Oetken from Kevin P. McCulloch dated 8/3/2012 re: We represent Plaintiffs Louis Psihoyos and James Reed ("Plaintiffs") in the above-referenced action. As requested by the Court on August 1, 2012 during the aborted conference, we have conferred with opposing counsel regarding the parties' availability for rescheduling the conference. Given previously scheduled events, setting a conference date in August would create conflicts for the parties. However, counsel for both parties are available September 13-14 or anytime during the week of September 17-21. ENDORSEMENT: Counsel for the parties shall appear for a status conference on Sept. 19, 2012 at 2:00 p.m. ( Status Conference set for 9/19/2012 at 02:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 8/14/2012) (djc) Modified on 8/16/2012 (djc). (Entered: 08/15/2012)