Case details

Court: nysd
Docket #: 1:12-cv-01986
Case Name: Pearson Education, Inc. et al v. Boundless Learning Inc. et al
PACER case #: 393501
Date filed: 2012-03-16
Date of last filing: 2012-04-03
Assigned to: Judge Andrew L. Carter, Jr
Referred to: Magistrate Judge Kevin Nathaniel Fox
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Pearson Education, Inc.
Counter Defendant
Matthew Jan Oppenheim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott A. Zebrak
(See above for address)
ATTORNEY TO BE NOTICED

Scott A. Zebrak
(See above for address)
TERMINATED: 05/29/2012

Cengage Learning, Inc.
Counter Defendant
Matthew Jan Oppenheim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott A. Zebrak
(See above for address)
ATTORNEY TO BE NOTICED

Scott A. Zebrak
(See above for address)
TERMINATED: 05/29/2012

Bedford, Freeman & Worth Publishing Group, LLC
Counter Defendant
doing business asMacmillan Higher Education
Matthew Jan Oppenheim
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Scott A. Zebrak
(See above for address)
ATTORNEY TO BE NOTICED

Scott A. Zebrak
(See above for address)
TERMINATED: 05/29/2012

Boundless Learning Inc.
Counter Claimant
Roger L. Zissu
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander Lloyd Greenberg
(See above for address)
ATTORNEY TO BE NOTICED

David Donahue
(See above for address)
ATTORNEY TO BE NOTICED

Jason Douglas Jones
(See above for address)
ATTORNEY TO BE NOTICED

Does 1-10
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-16 1 0 Complaint COMPLAINT against Boundless Learning Inc., Does 1-10. (Filing Fee $ 350.00, Receipt Number 32846)Document filed by Pearson Education, Inc., Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC.(ama) (ama). (Entered: 03/20/2012) 2012-04-05 16:06:22 38735b11ecfb70d4303a792ee5bd8469673f5e89
2012-03-30 2 0 Affidavit of Service Complaints AFFIDAVIT OF SERVICE. Boundless Learning Inc. served on 3/23/2012, answer due 4/13/2012. Service was accepted by Ariel Diaz, CEO. Document filed by Pearson Education, Inc.; Cengage Learning, Inc.; Bedford, Freeman & Worth Publishing Group, LLC. (Oppenheim, Matthew) (Entered: 03/30/2012)
2012-04-03 3 0 Order Referring Case to Magistrate Judge ORDER OF REFERENCE TO A 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 Kevin Nathaniel Fox. (Signed by Judge Andrew L. Carter, Jr on 4/3/2012) (js) (Entered: 04/03/2012)
2012-04-09 4 0 NOTICE OF APPEARANCE by Roger L. Zissu on behalf of Boundless Learning Inc. (Zissu, Roger) (Entered: 04/09/2012)
2012-04-10 5 0 ENDORSED LETTER addressed to Judge Andrew L. Carter from Roger L. Zissu dated 4/10/2012 re: Counsel requests an extension of time for Defendant Boundless to answer, move, or otherwise respond to the Complaint, up to and including 5/14/2012. ENDORSEMENT: Application granted. Defendant's time to answer or otherwise respond to the complaint is extended to 5/14/12. Boundless Learning Inc. answer due 5/14/2012. (Signed by Judge Andrew L. Carter, Jr on 4/10/2012) (tro) (Entered: 04/10/2012)
2012-04-10 6 0 NOTICE OF APPEARANCE by Jason Douglas Jones on behalf of Boundless Learning Inc. (Jones, Jason) (Entered: 04/10/2012)
2012-04-10 7 0 NOTICE OF APPEARANCE by David Donahue on behalf of Boundless Learning Inc. (Donahue, David) (Entered: 04/10/2012)
2012-05-15 8 0 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Roger L. Zissu dated 5/10/2012 re: We write pursuant to Rule 2(A) of Your Honor's Individual Practices to request a pre-motion conference on Boundless' intended Rule 12(b)(6) motion to dismiss Plaintiffs' Fourth and Fifth Claims for Relief for false designation of origin and false advertising under the Lanham Act. ENDORSEMENT: Pre-motion conference scheduled for 5/29/2012 at 11:30 a.m. If Mr. Zebrak is not admitted to the SDNY, he should file a motion for pro hac vice admission before the U.S. Magistrate Judge. So ordered. (Pre-Motion Conference set for 5/29/2012 at 11:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 5/15/2012) (rjm) (Entered: 05/16/2012)
2012-05-29 9 0 ORDER: Before the Court is Scott A. Zebrak's ("Zebrak") motion for admission to practice before this court pro hac vice and to appear as counsel for the plaintiffs in this action, pursuant to Local Civil Rule 1.3 of this court. In support of his motion, Zebrak submitted certificates of good standing issued by: (a) the "Virginia State Bar"; and (b) the District of Columbia Court of Appeals. Local Civil Rule 1.3 of this court requires the applicant for admission pro hac vice to submit "a certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court." Local Civil Rule 1.3(c). The certificate of the "Virginia State Bar" does not satisfy the requirement of Local Civil Rule 1.3, because it is not the certificate of the state court before whose bar Zebrak is admitted to practice. Accordingly, Zebrak's motion is denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/29/2012) Copies Mailed By Chambers. (ja) (Entered: 05/30/2012)
2012-05-30 10 0 MOTION for Scott A. Zebrak to Appear Pro Hac Vice. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.(tro) (Entered: 05/31/2012)
2012-06-07 11 0 MOTION for Scott A. Zebrak to Appear Pro Hac Vice. Document filed by Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.(pgu) (Entered: 06/07/2012)
2012-06-13 13 0 TRANSCRIPT of Proceedings re: CONFERNCE held on 5/29/2012 before Judge Andrew L. Carter, Jr.. 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 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly) (Entered: 06/13/2012)
2012-06-13 14 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/29/12 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: 06/13/2012)
2012-06-28 15 0 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint. Document filed by Boundless Learning Inc.. Responses due by 7/27/2012(Jones, Jason) (Entered: 06/28/2012)
2012-06-28 16 0 MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Boundless Learning Inc.. (Jones, Jason) (Entered: 06/28/2012)
2012-06-28 17 0 DECLARATION of Jason D. Jones in Support re: 15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Boundless Learning Inc.. (Jones, Jason) (Entered: 06/28/2012)
2012-07-09 18 0 ORDER: Initial Conference set for 7/30/2012 at 02:00 PM in Courtroom 20A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox, and as further set forth. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/9/2012) (rjm) (Entered: 07/09/2012)
2012-07-09 19 0 ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion for Scott A. Zebrak to Appear Pro Hac Vice. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/9/2012) (rjm) (Entered: 07/09/2012)
2012-07-13 20 0 ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from David Donahue dated 7/12/2012 re: Counsel requests that the initial pretrial conference scheduled for 7/30/12 be adjourned during a day of the week on 8/27/12. ENDORSEMENT: The conference scheduled previously for July 30, 2012, shall be held on September 4, 2012, at 11:30 a.m. ( Initial Conference set for 9/4/2012 at 11:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/13/2012) (jfe) (Entered: 07/13/2012)
2012-07-27 22 0 MEMORANDUM OF LAW in Opposition re: 15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Pearson Education, Inc.. (Zebrak, Scott) (Entered: 07/27/2012)
2012-07-31 23 0 ORDER: Initial Conference set for 9/11/2012 at 02:30 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/31/2012) (ama) (Entered: 07/31/2012)
2012-08-10 24 0 AMENDED COMPLAINT amending 1 Complaint against Boundless Learning Inc., Does 1-10.Document filed by Pearson Education, Inc., Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC. Related document: 1 Complaint filed by Cengage Learning, Inc., Bedford, Freeman & Worth Publishing Group, LLC, Pearson Education, Inc. (tro) (Entered: 08/10/2012)
2012-08-10 25 0 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss Fourth and Fifth Claims for Relief of Plaintiffs First Amended Complaint.. Document filed by Boundless Learning Inc.. (Jones, Jason) (Entered: 08/10/2012)
2012-08-15 26 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Boundless Learning Inc..(Jones, Jason) (Entered: 08/15/2012)
2012-09-12 27 0 ORDER: IT IS HEREBY ORDERED that: all discovery, of whatever nature, shall be initiated so as to be completed on or before June 3, 2013. A telephonic status conference will be held with the parties on May 7, 2013, at 10:30 a.m. Counsel to the plaintiffs shall initiate the telephonic conference on that date. A settlement conference will be held with the parties on June 10, 2013, at 10:30 a.m. The procedures under which the settlement conference will be conducted are being provided to the parties with a copy of this order. ( Discovery due by 6/3/2013., Settlement Conference set for 6/10/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox., Status Conference set for 5/7/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox., Telephone Conference set for 5/7/2013 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/12/2012) (jfe) (Entered: 09/12/2012)
2012-09-17 28 0 TRANSCRIPT of Proceedings re: proceeding held on 9/11/2012 before Magistrate Judge Kevin Nathaniel Fox. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 10/12/2012. Redacted Transcript Deadline set for 10/22/2012. Release of Transcript Restriction set for 12/20/2012.(tro) (Entered: 09/17/2012)
2012-09-17 29 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceeding proceeding held on 9/11/2012 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...(tro) (Entered: 09/17/2012)
2012-11-29 30 0 STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/29/2012) (ama) (Entered: 11/29/2012)
2013-01-30 31 0 ORDER: Plaintiffs' complaint goes beyond a simple allegation of copying. Contrary to Defendant's argument, Plaintiffs' Lanham Act claims are not clearly duplicative because they are not based solely on alleged copying. Here, Plaintiffs have pleaded that Defendant falsely represented that it offers a digital version of Plaintiffs' textbooks or something equivalent. As such, Plaintiffs have alleged a misrepresentation and therefore have stated a claim under section 43(a)(1)(B). See 15 U.S.C. ยง 1125(a)(1)(B). Defendant has not met his burden of establishing that Plaintiffs' unfair competition and false advertising claims fail to state a claim. Plaintiffs' ability to prove their claims under Section 43(a) may be in doubt, Defendant's instant motion to dismiss Plaintiffs' unfair competition and false advertising claims should be denied. Even if Based on the foregoing, this Court denies Defendant's motion to dismiss. (Signed by Judge Andrew L. Carter, Jr on 1/30/2013) (js) (Entered: 01/30/2013) 2013-02-05 16:51:31 eda10d2c9134277c332efa7cf6037a40a40303b3
2013-02-13 32 0 ANSWER to 24 Amended Complaint, with JURY DEMAND. Document filed by Boundless Learning Inc..(Jones, Jason) (Entered: 02/13/2013) 2013-02-15 11:36:57 9fa212c045bd87d6eeda4badbd185bc0de0cea5f
2013-02-13 33 0 NOTICE OF APPEARANCE by Alexander Lloyd Greenberg on behalf of Boundless Learning Inc. (Greenberg, Alexander) (Entered: 02/13/2013)
2013-03-06 34 0 AMENDED ANSWER to 24 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.. Document filed by Boundless Learning Inc.. (Attachments: # 1 Exhibit Exhibits A- B)(Zissu, Roger) (Entered: 03/06/2013)
34 1 Exhibit Exhibits A- B
2013-03-06 35 0 AMENDED ANSWER to 24 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Bedford, Freeman & Worth Publishing Group, LLC, Cengage Learning, Inc., Pearson Education, Inc.. Document filed by Boundless Learning Inc.. (Attachments: # 1 Exhibit Exhibits A- B)(Zissu, Roger) (Entered: 03/06/2013)