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 221 |
Filed: 9/25/2024, Entered: None |
USCA Mandate |
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 Request |
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| 219 |
Filed: 9/11/2023, Entered: None |
Notice of Appeal |
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Request |
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| 218 |
Filed: 9/11/2023, Entered: None |
Notice of Appeal |
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Request |
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| 217 |
Filed: 8/14/2023, Entered: None |
AO 121 Form Copyright - Case Terminated - Submitted |
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Request |
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| 216 |
Filed: 8/14/2023, Entered: None |
Order |
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Request |
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| 215 |
Filed: 8/14/2023, Entered: None |
Judgment - consent |
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Request |
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| 214 |
Filed: 8/11/2023, Entered: None |
Letter |
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Request |
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| 213 |
Filed: 7/28/2023, Entered: None |
Order on Motion for Extension of Time |
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Request |
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| 212 |
Filed: 7/28/2023, Entered: None |
extension of time |
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Request |
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| 211 |
Filed: 7/13/2023, Entered: None |
Order on Motion for Extension of Time |
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Request |
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| 210 |
Filed: 7/13/2023, Entered: None |
extension of time |
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Request |
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| 209 |
Filed: 7/7/2023, Entered: None |
Order on Motion to Withdraw as Attorney |
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Request |
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| 208 |
Filed: 7/6/2023, Entered: None |
Declaration in Support of Motion |
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Request |
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| 207 |
Filed: 7/6/2023, Entered: None |
Withdraw as Attorney |
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Request |
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| 206 |
Filed: 6/22/2023, Entered: None |
Order on Motion for Extension of Time |
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Request |
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| 205 |
Filed: 6/22/2023, Entered: None |
extension of time |
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Request |
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| 204 |
Filed: 6/15/2023, Entered: None |
Order on Motion for Extension of Time |
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Request |
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| 203 |
Filed: 6/8/2023, Entered: None |
extension of time |
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Request |
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 188 |
Filed: 3/24/2023, Entered: 3/24/2023 |
Memorandum and Opinion |
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OPINION & ORDER re: [97] MOTION for Summary Judgment . filed by Internet Archive, [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint. filed by John Wiley & Sons, Inc., Penguin Random House LLC, HarperCollins Publishers LLC, Hachette Book Group, Inc.. The Court has considered all of the parties' arguments. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the plaintiffs' motion for summary judgment is granted and the defendants' motion for summary judgment is denied. The parties should submit their respective proposals (or preferably a joint proposal) for the appropriate procedure to determine the judgment to be entered in this case. The submission or submissions should be made within fourteen (14) days of the date of this Opinion and Order. The Clerk is respectfully directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 3/24/2023) (ks)
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| 187 |
Filed: 2/17/2023, Entered: 2/21/2023 |
Order on Motion for Oral Argument |
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ORDER granting [88] Letter Motion for Oral Argument; granting [111] Letter Motion for Oral Argument. The parties are directed to appear by phone for oral argument on Monday, March 20, 2023, at 1 p.m. in connection with the motions for summary judgment. Dial-in: 888-363-4749, with access code 8140049. The Clerk is respectfully directed to close ECF Nos. 88 and 111. SO ORDERED. (Signed by Judge John G. Koeltl on 2/17/23) (yv)
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Filed: None, Entered: None |
set/reset hearings |
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Set/Reset Hearings: Telephone Conference set for 3/20/2023 at 01:00 PM before Judge John G. Koeltl. (yv)
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| 186 |
Filed: 1/31/2023, Entered: 1/31/2023 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Aditya Kamdar on behalf of Internet Archive..(Kamdar, Aditya)
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| 185 |
Filed: 1/30/2023, Entered: 1/30/2023 |
Notice of change of address |
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NOTICE OF CHANGE OF ADDRESS by Aditya Kamdar on behalf of Internet Archive. New Address: Morrison & Forester LLP, 2100 L Street NW, Suite 900, Washington, DC, USA 20037, 202-887-1500..(Kamdar, Aditya)
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Request |
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| 184 |
Filed: 1/30/2023, Entered: 1/30/2023 |
Notice of change of address |
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NOTICE OF CHANGE OF ADDRESS by Annie Lee on behalf of Internet Archive. New Address: Morrison & Forester LLP, 425 Market Street, San Francisco, California, USA 94105, 415-268-7000..(Lee, Annie)
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Request |
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| 183 |
Filed: 1/30/2023, Entered: 1/30/2023 |
Notice of change of address |
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NOTICE OF CHANGE OF ADDRESS by Jessica Elaine Lanier on behalf of Internet Archive. New Address: Morrison & Forester LLP, 425 Market Street, San Francisco, California, USA 94105, 415-268-7000..(Lanier, Jessica)
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Request |
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| 182 |
Filed: 1/30/2023, Entered: 1/30/2023 |
Notice of change of address |
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NOTICE OF CHANGE OF ADDRESS by Joseph C. Gratz on behalf of Internet Archive. New Address: Morrison & Forester LLP, 425 Market Street, San Francisco, California, USA 94105, 415-268-7000..(Gratz, Joseph)
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Request |
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 181 |
Filed: 10/14/2022, Entered: 10/14/2022 |
Sealed document |
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SEALED DOCUMENT placed in vault..(jus)
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| 180 |
Filed: 10/10/2022, Entered: 10/11/2022 |
Order on motion for summary judgment |
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ORDER with respect to [87] Motion for Summary Judgment; with respect to [97] Motion for Summary Judgment. The plaintiffs should submit courtesy copies of all papers filed in connection with their motion for summary judgment. See ECF No. 87. Defendant Internet Archive should submit courtesy copies of all papers filed in connection with its motion for summary judgment. See ECF No. 97. SO ORDERED. (Signed by Judge John G. Koeltl on 10/10/2022) (va)
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| 179 |
Filed: 10/7/2022, Entered: 10/7/2022 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint. . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 178 |
Filed: 10/7/2022, Entered: 10/7/2022 |
Response |
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RESPONSE re: [172] Counter Statement to Rule 56.1 . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 177 |
Filed: 10/7/2022, Entered: 10/7/2022 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by Internet Archive..(Gratz, Joseph)
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| 176 |
Filed: 10/7/2022, Entered: 10/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Joseph C. Gratz in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive. (Attachments: # (1) Exhibit 1 - Excerpts of the transcript of the deposition of Dr. Jeffrey T. Prince, # (2) Exhibit 2 - Excerpts of the transcript of the deposition of Dr. Rasmus Jrgensen).(Gratz, Joseph)
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| 175 |
Filed: 10/7/2022, Entered: 10/7/2022 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: [97] MOTION for Summary Judgment . . Document filed by Internet Archive..(Gratz, Joseph)
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| 174 |
Filed: 9/9/2022, Entered: 9/9/2022 |
Sealed document |
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SEALED DOCUMENT placed in vault..(jus)
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| 173 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint. . Document filed by Internet Archive..(Gratz, Joseph)
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| 172 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Counter Statement to Rule 56.1 |
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COUNTER STATEMENT TO [107] Rule 56.1 Statement. Document filed by Internet Archive..(Gratz, Joseph)
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| 171 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Declaration in Opposition to Motion |
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DECLARATION of Brewster Kahle in Opposition re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Internet Archive..(Gratz, Joseph)
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| 170 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Declaration in Opposition to Motion |
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DECLARATION of Joseph C. Gratz in Opposition re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Internet Archive. (Attachments: # (1) Exhibit 1 - OverDrive Distribution Agreement (UNDER SEAL), # (2) Exhibit 2 - Mills Deposition EXCERPTS, # (3) Exhibit 3 - Patton-Schmitt Deposition EXCERPTS, # (4) Exhibit 4 - Karpeles Deposition EXCERPTS, # (5) Exhibit 5 - Hildreth Deposition EXCERPTS, # (6) Exhibit 6 - Hildreth Deposition Errata, # (7) Exhibit 7 - Judgment, CJEU Copyright Case, # (8) Exhibit 8 - AG Opinion, CJEU Copyright Case).(Gratz, Joseph)
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| 169 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: [97] MOTION for Summary Judgment . . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 168 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Counter Statement to Rule 56.1 |
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COUNTER STATEMENT TO [98] Rule 56.1 Statement. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 167 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Declaration in Opposition to Motion |
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DECLARATION of Jeffrey T. Prince in Opposition re: [97] MOTION for Summary Judgment .. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (Prince Rprt REDACTED), # (2) Exhibit 2 (Prince dep excerpts REDACTED), # (3) Exhibit 3 (Jorgensen dep excerpts REDACTED), # (4) Exhibit 4 (Reimers dep excerpts), # (5) Exhibit 5 (Hildreth dep excerpts), # (6) Exhibit 6 (Reimers 2016)).(McNamara, Elizabeth)
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| 166 |
Filed: 9/2/2022, Entered: 9/2/2022 |
Declaration in Opposition to Motion |
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DECLARATION of Elizabeth A. McNamara in Opposition re: [97] MOTION for Summary Judgment .. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (IA Resp to Pltfs 2d ROGs No 21), # (2) Exhibit 2 (Restivo-Alessi dep excerpts), # (3) Exhibit 3 (Weber dep excerpts), # (4) Exhibit 4 (Pavese dep excerpts), # (5) Exhibit 5 (Reimers Depo Ex 4), # (6) Exhibit 6 (Lazarus dep excerpts), # (7) Exhibit 7 (OverDrive data), # (8) Exhibit 8 (discovery letters), # (9) Exhibit 9 (IA priv log), # (10) Exhibit 10 (Bailey dep excerpts), # (11) Exhibit 11 ( IA Launches New Pilot Program), # (12) Exhibit 12 (Cressaty dep excerpts), # (13) Exhibit 13 (The Glass Castle et al), # (14) Exhibit 14 (Palace of Illusions et al), # (15) Exhibit 15 (Saracco dep excerpts), # (16) Exhibit 16 (Sigs to the Position Stmt), # (17) Exhibit 17 (HC0015518 REDACTED)).(McNamara, Elizabeth)
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| 165 |
Filed: 8/17/2022, Entered: 8/17/2022 |
Brief |
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BRIEF re: [164] Order on Motion to File Amicus Brief . Document filed by The Authors Guild, Inc., Western Writers of America, Canadian Authors Association, American Photographic Artists, The Writers Union of Canada, International Authors Forum, American Society of Media Ph..(Clarida, Robert)
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| 164 |
Filed: 8/16/2022, Entered: 8/16/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT granting [159] Motion to File Amicus Brief ENDORSEMENT: Application to file amicus granted. SO ORDERED.. (Signed by Judge John G. Koeltl on 8/16/2022) (ks)
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| 163 |
Filed: 8/15/2022, Entered: 8/15/2022 |
Brief |
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BRIEF re: [149] Order on Motion to File Amicus Brief . Document filed by Professors and Scholars of Copyright Law..(Charlesworth, Jacqueline)
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| 162 |
Filed: 8/15/2022, Entered: 8/15/2022 |
Brief |
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BRIEF re: [161] Order on Motion for Leave to File Document Copyright Alliance Amicus brief. Document filed by Copyright Alliance..(Wolff, Nancy)
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| 161 |
Filed: 8/15/2022, Entered: 8/15/2022 |
Order on Motion for Leave to File Document |
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MEMO ENDORSEMENT granting [158] Letter Motion for Leave to File Document. ENDORSEMENT: Application to file amicus brief granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/2022) (ks)
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| 160 |
Filed: 8/12/2022, Entered: 8/12/2022 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [159] CONSENT MOTION to File Amicus Brief in Support of Plaintiffs' Motion for Summary Judgment. . Document filed by The Authors Guild, Inc., Western Writers of America, Canadian Authors Association, American Photographic Artists, The Writers Union of Canada, International Authors Forum, American Society of Media Ph. (Attachments: # (1) Exhibit A - Memorandum of Law of Amici Curiae).(Clarida, Robert)
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Request |
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| 159 |
Filed: 8/12/2022, Entered: 8/12/2022, Terminated: 8/16/2022 |
Motion to File Amicus Brief |
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CONSENT MOTION to File Amicus Brief in Support of Plaintiffs' Motion for Summary Judgment. Document filed by The Authors Guild, Inc., Western Writers of America, Canadian Authors Association, American Photographic Artists, The Writers Union of Canada, International Authors Forum, American Society of Media Photographers, Romance Writers of America, Society of Childrens Book Writers and Illustrators, European Writers Council, National Writers Union, Graphic Artists Guild, American Society for Collective Rights Licensing, Society of Authors, Sisters in Crime, International Federation of Journalists, Dramatists Guild of America, National Press Photographers Association, Novelists Inc., Association of Authors Agents, The American Society of Journalists and Authors, The Union des crivaines et des crivains Qubcois, and European Visual Artists..(Clarida, Robert)
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Request |
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| 158 |
Filed: 8/12/2022, Entered: 8/12/2022, Terminated: 8/15/2022 |
Motion for Leave to file document |
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MOTION for Leave to File Amicus Brief . Document filed by Copyright Alliance. (Attachments: # (1) Exhibit Notice of Motion, # (2) Exhibit Proposed Copyright Alliance Amicus Brief, # (3) Text of Proposed Order Proposed Order).(Wolff, Nancy)
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Request |
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| 157 |
Filed: 8/12/2022, Entered: 8/12/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Elizabeth Safran, I on behalf of Copyright Alliance..(Safran, Elizabeth)
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Request |
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| 156 |
Filed: 8/12/2022, Entered: 8/12/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Alexander Gigante on behalf of Copyright Alliance..(Gigante, Alexander)
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Request |
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| 155 |
Filed: 8/12/2022, Entered: 8/12/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Nancy Evelyn Wolff on behalf of Copyright Alliance..(Wolff, Nancy)
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Request |
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| 154 |
Filed: 8/11/2022, Entered: 8/11/2022 |
Brief |
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BRIEF re: [153] Order on Motion to File Amicus Brief, . Document filed by International Rightholders..(Leish, Matthew)
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| 153 |
Filed: 8/10/2022, Entered: 8/10/2022 |
Order on motion to file amicus brief |
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MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT: granting [151] Letter Motion to File Amicus Brief. Request to file Amici Curiae Brief is Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/10/2022) (ama) Modified on 8/10/2022 (ama).
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| 152 |
Filed: 8/10/2022, Entered: 8/10/2022 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [148] Motion for Theodore M. Shapiro to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 8/9/2022) (ks)
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Request |
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| 151 |
Filed: 8/9/2022, Entered: 8/9/2022, Terminated: 8/10/2022 |
Motion to File Amicus Brief |
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MOTION to File Amicus Brief . Document filed by International Rightholders. (Attachments: # (1) Exhibit Notice of Motion, # (2) Exhibit Proposed Amicus Brief).(Leish, Matthew)
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| 150 |
Filed: 8/9/2022, Entered: 8/9/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Matthew Aaron Leish on behalf of International Rightholders..(Leish, Matthew)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [148] MOTION for Theodore M. Shapiro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26516190. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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| 149 |
Filed: 8/8/2022, Entered: 8/8/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT granting [147] Motion to File Amicus Brief ENDORSEMENT: Motion for leave to file Amici Curiae Brief is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/8/2022) (ks)
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| 148 |
Filed: 8/8/2022, Entered: 8/8/2022, Terminated: 8/10/2022 |
Motion to Appear Pro Hac Vice |
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MOTION for Theodore M. Shapiro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26516190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Rightholders. Return Date set for 8/8/2022 at 05:00 PM. (Attachments: # (1) Affidavit Affidavit of TM Shapiro, # (2) Exhibit Certificate of Good Standing, # (3) Text of Proposed Order Proposed PHV Order).(Shapiro, Theodore)
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| 147 |
Filed: 8/5/2022, Entered: 8/5/2022, Terminated: 8/8/2022 |
Motion to File Amicus Brief |
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THIRD PARTY MOTION to File Amicus Brief of Professors and Scholars of Copyright Law. Document filed by Professors and Scholars of Copyright Law. (Attachments: # (1) Appendix Notice of motion, # (2) Appendix Proposed amicus brief).(Charlesworth, Jacqueline)
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| 146 |
Filed: 7/20/2022, Entered: 7/20/2022 |
Brief |
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BRIEF re: [132] Order on Motion to File Amicus Brief by Michelle M. Wu as Amicus Curiae. Document filed by Michelle M Wu..(Rodriguez, Max)
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| 145 |
Filed: 7/20/2022, Entered: 7/20/2022 |
Brief |
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BRIEF re: [136] Order on Motion to File Amicus Brief, . Document filed by Kenneth D. Crews, Kevin L. Smith..(Bavitz, Christopher)
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| 144 |
Filed: 7/19/2022, Entered: 7/19/2022 |
Brief |
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BRIEF re: [125] MOTION to File Amicus Brief . . Document filed by Authors Alliance. (Attachments: # (1) Exhibit Exhibit to Amicus Brief).(Leswing, Rachel)
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| 143 |
Filed: 7/19/2022, Entered: 7/19/2022 |
Brief |
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BRIEF re: [134] Order on Motion to File Amicus Brief, . Document filed by AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS..(Tushnet, Rebecca)
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| 142 |
Filed: 7/19/2022, Entered: 7/19/2022 |
Brief |
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BRIEF re: [135] Order on Motion to File Amicus Brief in Support of Defendant's Motion for Summary Judgment. Document filed by Library Futures Institute, EveryLibrary Institute, and ReadersFirst..(Ziskina, Yuliya)
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| 141 |
Filed: 7/19/2022, Entered: 7/19/2022 |
Brief |
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BRIEF re: [133] Order on Motion to File Amicus Brief, in Support of Defendants' Motion for Summary Judgment. Document filed by Copyright Scholars..(Schultz, Jason)
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| 140 |
Filed: 7/18/2022, Entered: 7/18/2022 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [124] Motion for Rachel Brooke Leswing to Appear Pro Hac Vice. Applicant having requested admission Pro Hac Vice to appear for all purposes as counsel for amicus curiae Authors Alliance, Inc. in the above captioned action; IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case 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 the discipline of attorneys. (Signed by Judge John G. Koeltl on 7/15/2022) (mml)
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| 139 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Declaration in Opposition to Motion |
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DECLARATION of Elizabeth A. McNamara in Opposition re: [122] MOTION to File Amicus Brief ., [119] LETTER MOTION to File Amicus Brief by Michelle M. Wu addressed to Judge John G. Koeltl from Max Rodriguez dated July 14, 2022., [129] FIRST MOTION to File Amicus Brief in Support of Defendants' Motion for Summary Judgment., [125] MOTION to File Amicus Brief .. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (REDACTED), # (2) Exhibit 2 (INTARC00454127_VOL0009), # (3) Exhibit 3 (Bailey Excerpts), # (4) Exhibit 4 (INTARC00395813_VOL0009)).(McNamara, Elizabeth)
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| 138 |
Filed: 7/15/2022, Entered: 7/15/2022 |
response in opposition to motion |
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RESPONSE in Opposition to Motion re: [122] MOTION to File Amicus Brief ., [119] LETTER MOTION to File Amicus Brief by Michelle M. Wu addressed to Judge John G. Koeltl from Max Rodriguez dated July 14, 2022., [129] FIRST MOTION to File Amicus Brief in Support of Defendants' Motion for Summary Judgment., [125] MOTION to File Amicus Brief . (Unredacted). Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 137 |
Filed: 7/15/2022, Entered: 7/15/2022 |
response in opposition to motion |
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RESPONSE in Opposition to Motion re: [122] MOTION to File Amicus Brief ., [119] LETTER MOTION to File Amicus Brief by Michelle M. Wu addressed to Judge John G. Koeltl from Max Rodriguez dated July 14, 2022., [129] FIRST MOTION to File Amicus Brief in Support of Defendants' Motion for Summary Judgment., [125] MOTION to File Amicus Brief . . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 136 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT on MOTION FOR LEAVE TO FILE AMICUS BRIEF OF KENNETH D. CREWS AND KEVIN L. SMITH IN SUPPORT OF DEFENDANT INTERNET ARCHIVE'S MOTION FOR SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT: granting [130] Motion to File Amicus Brief. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/15/2022) (ama)
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Request |
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| 135 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT on MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF THE INTERNET ARCHIVE: granting [122] Motion to File Amicus Brief. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/15/2022) (ama)
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Request |
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| 134 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT on MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MEMORANDUM OF LAW IN SUPPORT THEREOF: granting [120] Motion to File Amicus Brief. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/15/2022) (ama)
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| 133 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT on MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF OF 17 COPYRIGHT SCHOLARS IN SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: granting [129] Motion to File Amicus Brief. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/15/2022) (ama)
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Request |
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| 132 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Order on motion to file amicus brief |
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ORDER: granting [119] Letter Motion to File Amicus Brief. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/15/2022) (ama)
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| 131 |
Filed: 7/15/2022, Entered: 7/15/2022 |
Order on motion to file amicus brief |
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MEMO ENDORSEMENT on MOTION TO LEAVE TO FILE AMICUS CURIAE IN SUPPORT OF INTERNET ARCHIVE: granting [125] Motion to File Amicus Brief. ENDORSEMENT: Application Granted. SO ORDERED (Signed by Judge John G. Koeltl on 7/15/2022) (ama)
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| 130 |
Filed: 7/15/2022, Entered: 7/15/2022, Terminated: 7/15/2022 |
Motion to File Amicus Brief |
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MOTION to File Amicus Brief . Document filed by Kenneth D. Crews, Kevin L. Smith. (Attachments: # (1) Supplement Notice of Motion for Leave to File Amicus Brief, # (2) Appendix Amicus Brief of Kenneth D. Crews and Kevin L. Smith in Support of Defendant Internet Archives Motion for Summary Judgment and in Opposition to Plaintiffs Cross-Motion for Summary Judgment w/Corrected Certificate of Compliance).(Bavitz, Christopher)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [124] MOTION for RACHEL BROOKE LESWING to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26416675. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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| 129 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/15/2022 |
Motion to File Amicus Brief |
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FIRST MOTION to File Amicus Brief in Support of Defendants' Motion for Summary Judgment. Document filed by Copyright Scholars. (Attachments: # (1) Exhibit Amici Curiae Brief of 17 Copyright Scholars in Support of Defendants' Motion for Summary Judgment).(Schultz, Jason)
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| 128 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/14/2022 |
Motion to File Amicus Brief |
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FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#130) MOTION to File Amicus Brief . Document filed by Kenneth D. Crews, Kevin L. Smith. (Attachments: # (1) Supplement Notice of Motion for Leave to File Amicus Brief, # (2) Appendix Amicus Brief of Kenneth D. Crews and Kevin L. Smith in Support of Defendant Internet Archives Motion for Summary Judgment and in Opposition to Plaintiffs Cross-Motion for Summary Judgment).(Bavitz, Christopher) Modified on 7/15/2022 (lb).
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| 127 |
Filed: 7/14/2022, Entered: 7/14/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Christopher Theodore Bavitz on behalf of Kenneth D. Crews, Kevin L. Smith..(Bavitz, Christopher)
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Request |
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| 126 |
Filed: 7/14/2022, Entered: 7/14/2022 |
Notice - Other |
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NOTICE of Notice of Motion for Leave to File Amicus. Document filed by Copyright Scholars. (Attachments: # (1) Exhibit DECLARATION OF JASON M. SCHULTZ IN SUPPORT OF MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF).(Schultz, Jason)
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Request |
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| 125 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/15/2022 |
Motion to File Amicus Brief |
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MOTION to File Amicus Brief . Document filed by Authors Alliance. (Attachments: # (1) Exhibit Proposed Amicus Brief, # (2) Exhibit Exhibit A to Proposed Amicus Brief).(Leswing, Rachel)
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| 124 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/18/2022 |
Motion to Appear Pro Hac Vice |
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MOTION for RACHEL BROOKE LESWING to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26416675. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Authors Alliance. (Attachments: # (1) Affidavit Affidavit in Support of Admission Pro Hac Vice, # (2) Exhibit California Certificate of Good Standing, # (3) Text of Proposed Order Proposed Order for Pro Hac Vice Admission).(Leswing, Rachel)
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| 123 |
Filed: 7/14/2022, Entered: 7/14/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Rachel Brooke Leswing on behalf of Authors Alliance..(Leswing, Rachel)
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| 122 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/15/2022 |
Motion to File Amicus Brief |
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MOTION to File Amicus Brief . Document filed by Library Futures Institute, EveryLibrary Institute, and ReadersFirst. (Attachments: # (1) Exhibit Proposed Amicus Brief, # (2) Text of Proposed Order Proposed order allowing amicus brief, # (3) Exhibit Notice of motion for leave to file amicus).(Ziskina, Yuliya)
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Request |
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| 121 |
Filed: 7/14/2022, Entered: 7/14/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Jason Michael Schultz on behalf of Copyright Scholars..(Schultz, Jason)
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Request |
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| 120 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/15/2022 |
Motion to File Amicus Brief |
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MOTION to File Amicus Brief . Document filed by AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS. (Attachments: # (1) Exhibit Proposed amicus brief, # (2) Text of Proposed Order Proposed order allowing amicus brief, # (3) Exhibit Notice of motion for leave to file amicus).(Tushnet, Rebecca)
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Request |
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| 119 |
Filed: 7/14/2022, Entered: 7/14/2022, Terminated: 7/15/2022 |
Motion to File Amicus Brief |
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LETTER MOTION to File Amicus Brief by Michelle M. Wu addressed to Judge John G. Koeltl from Max Rodriguez dated July 14, 2022. Document filed by Michelle M Wu. (Attachments: # (1) Supplement Proposed Amicus Brief of Michelle M. Wu, # (2) Exhibit A (Michelle M. Wu Curriculum Vitae)).(Rodriguez, Max)
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| 118 |
Filed: 7/14/2022, Entered: 7/14/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Rebecca Tushnet on behalf of AMICI CURIAE INTELLECTUAL PROPERTY LAW PROFESSORS..(Tushnet, Rebecca)
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Request |
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| 117 |
Filed: 7/14/2022, Entered: 7/14/2022 |
Sealed document |
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SEALED DOCUMENT placed in vault..(jus)
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| 116 |
Filed: 7/13/2022, Entered: 7/13/2022 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Yuliya Ziskina on behalf of Library Futures Institute, EveryLibrary Institute, and ReadersFirst..(Ziskina, Yuliya)
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| 115 |
Filed: 7/11/2022, Entered: 7/11/2022 |
Sealed document |
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SEALED DOCUMENT placed in vault. (nmo)
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| 114 |
Filed: 7/11/2022, Entered: 7/11/2022 |
Order on Motion to seal |
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ORDER granting [112] Letter Motion to Seal. APPLICATION GRANTED SO ORDERED. (Signed by Judge John G. Koeltl on 7/8/2022) (ate)
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| 113 |
Filed: 7/8/2022, Entered: 7/8/2022 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 112 |
Filed: 7/8/2022, Entered: 7/8/2022, Terminated: 7/11/2022 |
Motion to Seal |
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LETTER MOTION to Seal the filing at ECF No. 107, addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated July 8, 2022. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 111 |
Filed: 7/8/2022, Entered: 7/8/2022, Terminated: 2/17/2023 |
Motion for Oral Argument |
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LETTER MOTION for Oral Argument re: Defendant Internet's Motion for Summary Judgment addressed to Judge John G. Koeltl from Joseph C. Gratz dated 7/7/2022. Document filed by Internet Archive..(Gratz, Joseph)
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| 110 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Susan H. Hildreth in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive. (Attachments: # (1) Exhibit 1 - Excerpts, Hildreth Expert Rpt., # (2) Exhibit 2 - Excerpts, Hildreth Expert Rpt.).(Gratz, Joseph)
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| Save 25% on a pre-paid one year subscription. |
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| 109 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Imke Reimers in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive. (Attachments: # (1) Exhibit 1 - Excerpts, Reimers Expert Rpt., # (2) Exhibit 2 - Excerpts, Reimers Rebuttal Expert Rpt.).(Gratz, Joseph)
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| 108 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Rasmus Jrgensen in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive. (Attachments: # (1) Exhibit 1 - Excerpts, Jorgensen Expert Rpt., # (2) Exhibit 2 - Excerpts, Jorgensen Expert Rpt.).(Gratz, Joseph)
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| 107 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 106 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [97] MOTION for Summary Judgment . . Document filed by Internet Archive..(Gratz, Joseph)
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| 105 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Brewster Kahle in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive. (Attachments: # (1) Exhibit 1 - Notification of Grant Award, # (2) Exhibit 2 - Webpage Recording Grant Award, # (3) Exhibit 3 - In-Library eBook Lending Program Launched - IA Blog, # (4) Exhibit 4 - COSLA Endorsement of IA, # (5) Exhibit 5 - White Paper on Controlled Digital Lending of Library Books, # (6) Exhibit 6 - Position Statement on CDL, # (7) Exhibit 7 - Signatories to Position Statement on CDL, # (8) Exhibit 8 - Weaving Books into the WebStarting with Wikipedia - IA Blog, # (9) Exhibit 9 - Wikipedia Links to IA CDL Books, # (10) Exhibit 10 - Books related to Japanese American Internment - IA Blog, # (11) Exhibit 11 - Books banned by schools available on IA - IA Blog, # (12) Exhibit 12 - Announcing a National Emergency Library, # (13) Exhibit 13 - Public Statement Supporting Waitlist Suspension at IA, # (14) Exhibit 14 - Teachers & the NEL, # (15) Exhibit 15 - Impacts of the temporary NEL - IA Blog, # (16) Exhibit 16 - More Impacts of the National Emergency Library - IA Blog, # (17) Exhibit 17 - Even More Impacts of the NEL - IA Blog).(Gratz, Joseph)
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| 104 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Daniel Smith in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive..(Gratz, Joseph)
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| 103 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Laura Gibbs in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive..(Gratz, Joseph)
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| 102 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Ben Saracco in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive..(Gratz, Joseph)
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| 101 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Lauren Sherman in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive..(Gratz, Joseph)
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| 100 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Joseph C. Gratz in Support re: [97] MOTION for Summary Judgment .. Document filed by Internet Archive. (Attachments: # (1) Exhibit A - Stipulation of Undisputed Facts, # (2) Exhibit B - Stipulation of Undisputed Facts, # (3) Exhibit C - REDACTED IN ITS ENTIRETY, # (4) Exhibit D - REDACTED IN ITS ENTIRETY, # (5) Exhibit E - REDACTED IN ITS ENTIRETY, # (6) Exhibit F - REDACTED IN ITS ENTIRETY, # (7) Exhibit G - IFLA Position on Controlled Digital Lending, # (8) Exhibit H - Public Libraries Survey of COVID Responses, # (9) Exhibit I - School Closures Map, # (10) Exhibit J - Excerpts, Silverman Deposition Transcript, # (11) Exhibit K - New Yorker article re NEL, # (12) Exhibit L - Public Libraries Survey, # (13) Exhibit M - Availability of The Lion, the witch, and the wardrobe, # (14) Exhibit N - Excerpts, Dye Deposition Transcript, # (15) Exhibit O - PW article ranking largest publishers, # (16) Exhibit P - Excerpts, Bertelsmann 2018 Annual Report, # (17) Exhibit Q - Excerpts, Bertelsmann 2019 Annual Report, # (18) Exhibit R - Excerpts, Bertelsmann 2021 Annual Report, # (19) Exhibit S - Excerpts, Wiley 2020 10-K, # (20) Exhibit T - Excerpts, Wiley 2021 10-K, # (21) Exhibit U - Excerpts, 2019 News Corp. Annual Report, # (22) Exhibit V - Excerpts, 2021 News Corp. Annual Report, # (23) Exhibit W - Excerpts, Lagardere 2018 Registration Documents, # (24) Exhibit X - Excerpts, Lagardere 2020 Registration Documents, # (25) Exhibit Y - Excerpts, Lagardere 2021 Registration Documents, # (26) Exhibit Z - PW article, A Year for the Record Book in Publishing, # (27) Exhibit AA - PW article, Americas Biggest Publishers Keep Posting Profits, # (28) Exhibit BB - NYT article, Surprise Ending for Publishers, # (29) Exhibit CC - Excerpts, Marwell Deposition Transcripts, # (30) Exhibit DD - REDACTED IN ITS ENTIRETY, # (31) Exhibit EE - Excerpts, Prince Deposition Transcripts, # (32) Exhibit FF - Excerpts, Lazarus Deposition Transcripts, # (33) Exhibit GG - Excerpts, Restivo-Alessi Deposition Transcript, # (34) Exhibit HH - Excerpts, Restivo-Alessi Deposition Transcript Excerpts, Pavese Deposition, # (35) Exhibit II - H.R. Report 94-1476, Copyright Law Revision, # (36) Exhibit JJ - REDACTED IN ITS ENTIRETY, # (37) Exhibit KK - REDACTED IN ITS ENTIRETY, # (38) Exhibit LL - REDACTED IN ITS ENTIRETY, # (39) Exhibit MM - REDACTED IN ITS ENTIRETY, # (40) Exhibit NN - REDACTED IN ITS ENTIRETY).(Gratz, Joseph)
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| 99 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint. . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 98 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Rule 56.1 Statement |
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RULE 56.1 STATEMENT. Document filed by Internet Archive..(Gratz, Joseph)
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| 97 |
Filed: 7/7/2022, Entered: 7/7/2022, Terminated: 3/24/2023 |
Motion for Summary Judgment |
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MOTION for Summary Judgment . Document filed by Internet Archive. Responses due by 9/2/2022.(Gratz, Joseph)
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| 96 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Elizabeth A. McNamara in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (Complaint), # (2) Exhibit 2 (Answer), # (3) Exhibit 3 (Books to Borrow), # (4) Exhibit 4 (Cheng Declaration), # (5) Exhibit 5 (Kahle deposition excerpts), # (6) Exhibit 6 (users page), # (7) Exhibit 7 (Freeland deposition excerpts), # (8) Exhibit 8 (INTARC00445486), # (9) Exhibit 9 ( IA responds to publishers law suit), # (10) Exhibit 10 (INTARC00138760), # (11) Exhibit 11 (Reimers deposition excerpts), # (12) Exhibit 12 (openlibrary.org home page), # (13) Exhibit 13 (Gibbs deposition excerpts), # (14) Exhibit 14 (1 hr limit complaints), # (15) Exhibit 15 (Borrowing From The Lending Library), # (16) Exhibit 16 (loans renewable every hour), # (17) Exhibit 17 (Exhibit A to Cplt), # (18) Exhibit 18 (Stipulation Regarding Undisputed Facts), # (19) Exhibit 19 (Hildreth deposition excerpts), # (20) Exhibit 20 (Potash deposition excerpts), # (21) Exhibit 21 (checkout data), # (22) Exhibit 22 (Book data), # (23) Exhibit 23 (IMLS stats), # (24) Exhibit 24 (Cheng deposition excerpts), # (25) Exhibit 25 (IA's Resp. to Pltfs' RFAs), # (26) Exhibit 26 (Hildreth Expert Report - part 1), # (27) Exhibit 26 (Hildreth Expert Report - part 2), # (28) Exhibit 27 (INTARC00142017 - part 1), # (29) Exhibit 27 (INTARC00142017 - part 2), # (30) Exhibit 27 (INTARC00142017 - part 3), # (31) Exhibit 27 (INTARC00142017 - part 4), # (32) Exhibit 27 (INTARC00142017 - part 5), # (33) Exhibit 28 (INTARC00153397), # (34) Exhibit 29 (INTARC00391312), # (35) Exhibit 30 (INTARC00405932), # (36) Exhibit 31 (Reminiscences of a stock operator), # (37) Exhibit 32 (INTARC00165712), # (38) Exhibit 33 (PRH0052627), # (39) Exhibit 34 (PRH0052629), # (40) Exhibit 35 (INTARC00462005), # (41) Exhibit 36a ( INTARC00322407), # (42) Exhibit 36b (INTARC00322581), # (43) Exhibit 36c (INTARC00323031), # (44) Exhibit 37 (INTARC00463590), # (45) Exhibit 38 (INTARC00409223 - part 1), # (46) Exhibit 38 (INTARC00409223 - part 2), # (47) Exhibit 38 (INTARC00409223 - part 3), # (48) Exhibit 39 (INTARC00165266), # (49) Exhibit 40 (INTARC00405737), # (50) Exhibit 41 (Ken Kesey), # (51) Exhibit 42 (INTARC00167070), # (52) Exhibit 43 (Rachael treasure - search), # (53) Exhibit 44 (2019 990-PF Kahle-Austin Foundation), # (54) Exhibit 45 (Cressaty deposition excerpts), # (55) Exhibit 46 (INTARC00151083 - part 1), # (56) Exhibit 46 (INTARC00151083 - part 2), # (57) Exhibit 46 (INTARC00151083 - part 3), # (58) Exhibit 46 (INTARC00151083 - part 4), # (59) Exhibit 46 (INTARC00151083 - part 5), # (60) Exhibit 46 (INTARC00151083 - part 6), # (61) Exhibit 46 (INTARC00151083 - part 7), # (62) Exhibit 46 (INTARC00151083 - part 8), # (63) Exhibit 47 (About Internet Archive), # (64) Exhibit 48 (INTARC00390085), # (65) Exhibit 49 (PLAINTIFFS0001109), # (66) Exhibit 50 (Zdnet article), # (67) Exhibit 51 (NYT Article), # (68) Exhibit 52 (ebook lending program launched), # (69) Exhibit 53 (INTARC00471120), # (70) Exhibit 54 (Let's Build a Great Digital Library Together), # (71) Exhibit 55 (Internet Archive's Modern Book Collection), # (72) Exhibit 56 (The Guardian article), # (73) Exhibit 57 (Table Top Scribe System), # (74) Exhibit 58 (Mills deposition excerpts), # (75) Exhibit 59 (INTARC00421456), # (76) Exhibit 60 (INTARC00137278), # (77) Exhibit 61 (INTARC00151080), # (78) Exhibit 62 (INTARC00355369), # (79) Exhibit 63 (Digitize your collections), # (80) Exhibit 64 (Most 20th Century Books Unavailable), # (81) Exhibit 65 (Library Genesis), # (82) Exhibit 66 (INTARC00393109), # (83) Exhibit 67 (CNBC - Plagiarism is rampant in China), # (84) Exhibit 68 (Digitization Saves Marygrove College Library), # (85) Exhibit 69 (Marygrove College Library), # (86) Exhibit 70 (Calculating the True Value of A Library that is Free), # (87) Exhibit 71 (Pineapple Fund Gifts $1M in Bitcoin), # (88) Exhibit 72 (INTARC00142757), # (89) Exhibit 73 (INTARC00142715), # (90) Exhibit 74 (OLRs 2019 Form 990), # (91) Exhibit 75 (INTARC00136985), # (92) Exhibit 76 (BWB Home page), # (93) Exhibit 77 (Patton-Schmitt testimony), # (94) Exhibit 78 (About Better World Books), # (95) Exhibit 79 (INTARC00388928), # (96) Exhibit 80 (INTARC00391222), # (97) Exhibit 81 (INTARC00414923), # (98) Exhibit 82 (INTARC00413052), # (99) Exhibit 83 (INTARC00395793), # (100) Exhibit 84 (INTARC00397105), # (101) Exhibit 85 (INTARC00397183), # (102) Exhibit 86 (BWB_000255), # (103) Exhibit 87 (BWB_00277), # (104) Exhibit 88 (INTARC004029628), # (105) Exhibit 89 (For the Love of Literacy), # (106) Exhibit 90 (BWB_000249), # (107) Exhibit 91 (BWB Borrow Option), # (108) Exhibit 92 (BWB links to IA ebooks), # (109) Exhibit 93 (IA links to BWB), # (110) Exhibit 94 (Wikipedia), # (111) Exhibit 95 (BWB), # (112) Exhibit 96 ( In-Library eBook Lending Program Launched), # (113) Exhibit 97 (INTARC00405779), # (114) Exhibit 98 (INTARC00165237), # (115) Exhibit 99 (INTARC00407188), # (116) Exhibit 100 (Wasted_ A case study for CDL), # (117) Exhibit 101 (PLAINTIFFS0000857), # (118) Exhibit 102 (Open Libraries - Join), # (119) Exhibit 103 (INTARC00439657), # (120) Exhibit 104 (INTARC00416930), # (121) Exhibit 105 (INTARC00426084), # (122) Exhibit 106 (INTARC00421687), # (123) Exhibit 107 (INTARC00141826), # (124) Exhibit 108 (INTARC00141472), # (125) Exhibit 109 (INTARC00142194), # (126) Exhibit 110 (INTARC00418710), # (127) Exhibit 111a (INTARC00417976), # (128) Exhibit 111b (INTARC00417978), # (129) Exhibit 112 (INTARC00418249), # (130) Exhibit 113 (Implementation & Integration), # (131) Exhibit 114 (IA's Resps to Pltfs 2d Set of Rogs), # (132) Exhibit 115 (INTARC00142801), # (133) Exhibit 116 (INTARC00141514), # (134) Exhibit 117 (Dartmouth CL.), # (135) Exhibit 118 (library links), # (136) Exhibit 119 (Orphan Works And Mass Digitization), # (137) Exhibit 120 (Judiciary hearing trnscrpt), # (138) Exhibit 121 (Bailey deposition excerpts), # (139) Exhibit 122 (Michelle Wu Hero Award), # (140) Exhibit 123 (White Paper on CDL), # (141) Exhibit 124 (INTARC466850), # (142) Exhibit 125 (INTARC466829), # (143) Exhibit 126 (WU00003022), # (144) Exhibit 127 (INTARC00415490), # (145) Exhibit 128 (INTARC466748), # (146) Exhibit 129 (INTARC00412869), # (147) Exhibit 130 (Lila Bailey wins IP3 Award), # (148) Exhibit 131 (INTARC00474640), # (149) Exhibit 131 (INTARC00474640), # (150) Exhibit 132 ( INTARC465698), # (151) Exhibit 133 (INTARC00458735), # (152) Exhibit 134 (AAP Publishers statement), # (153) Exhibit 135 (Authors Guild statement on CDL), # (154) Exhibit 136 ( INTARC00420085), # (155) Exhibit 137 (IA Redigi Amicus), # (156) Exhibit 138 ( Band - ARL Policy Notes), # (157) Exhibit 139 (Why we released the NEL), # (158) Exhibit 140 (Signatories to CDL position statement), # (159) Exhibit 141 (INTARC00415834), # (160) Exhibit 142 (INTARC465732), # (161) Exhibit 143 (INTARC00418249), # (162) Exhibit 144 (INTARC00420223), # (163) Exhibit 145 (INTARC00141736), # (164) Exhibit 146 (Mythbusting CDL), # (165) Exhibit 147 (INTARC00463054), # (166) Exhibit 148 (INTARC00423818), # (167) Exhibit 150 (How IA and CDL can help course reserve), # (168) Exhibit 151 (INTARC00445585), # (169) Exhibit 152 (INTARC00420192), # (170) Exhibit 153 (INTARC00142679), # (171) Exhibit 154 (INTARC00151748), # (172) Exhibit 155 (INTARC00395593), # (173) Exhibit 156 (INTARC00374675), # (174) Exhibit 157 (Karpeles deposition excerpts), # (175) Exhibit 158 (IA ebooks by publication year), # (176) Exhibit 159 (IA Pre-motion letter), # (177) Exhibit 160 (Overdrive holds), # (178) Exhibit 161 (Mens Health article), # (179) Exhibit 162 (INTARC467709), # (180) Exhibit 163 (Detroit and Austin - Ovedrive), # (181) Exhibit 164 (Open Library Design Ecosystem), # (182) Exhibit 165 (Smith deposition excerpts), # (183) Exhibit 166 (Use and Pub. Cost of Pub. Lib. Mtrls), # (184) Exhibit 167 (Rural Libraries), # (185) Exhibit 168 (Announcing NEL), # (186) Exhibit 169 (Open library - member stats), # (187) Exhibit 170 (OL stats - ebooks borrowed), # (188) Exhibit 171 (INTARC00462951), # (189) Exhibit 172 (Sen-Udall-Response-NEL), # (190) Exhibit 173 (INTARC00436106), # (191) Exhibit 174 (INTARC00437003), # (192) Exhibit 175 (INTARC00400154), # (193) Exhibit 176 (PRH0029336), # (194) Exhibit 177 (INTARC00399901), # (195) Exhibit 178 (Advisory Board to the Authors Alliance), # (196) Exhibit 179 (INTARC00462974), # (197) Exhibit 180 (NEL, who needs it), # (198) Exhibit 181 (Temp NEL to close), # (199) Exhibit 182 (INTARC00448939), # (200) Exhibit 183 (PRH0070363), # (201) Exhibit 184 (HathiTrust Emergency Temporary Access Service), # (202) Exhibit 185 (Google Search)).(McNamara, Elizabeth)
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| 95 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Jeffrey Weber in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (PRH0072244), # (2) Exhibit 2 (PRH0058941), # (3) Exhibit 3 (Nat'l survey), # (4) Exhibit 4 (OverDrive Press Releas), # (5) Exhibit 5 (PRH0072294), # (6) Exhibit 6 (PRH0052943), # (7) Exhibit 7 (OL web page), # (8) Exhibit 8 (For the love of literacy), # (9) Exhibit 9 (Temp NEL closes), # (10) Exhibit 10 (Jorgensen Rpt Ex.), # (11) Exhibit 11 (Jorgensen rpt excerpts), # (12) Exhibit 12 (PRH0072389), # (13) Exhibit 13 (INTARC00142017 - part 1), # (14) Exhibit 13 (INTARC00142017 - part 2), # (15) Exhibit 13 (INTARC00142017 - part 3), # (16) Exhibit 13 (INTARC00142017 - part 4), # (17) Exhibit 13 (INTARC00142017 - part 5), # (18) Exhibit 14 (PRH0072194), # (19) Exhibit 15 (Kindle store terms), # (20) Exhibit 16 (PLAINTIFFS0001005), # (21) Exhibit 17 (Wired article), # (22) Exhibit 18 (PRH0007011), # (23) Exhibit 19 (PRH0067413), # (24) Exhibit 20 (PRH0072195), # (25) Exhibit 21 (PRH0007002), # (26) Exhibit 22 (PRH0006999), # (27) Exhibit 23 (PRH0007008), # (28) Exhibit 24 (PRH0072384), # (29) Exhibit 25 (PRH0068803), # (30) Exhibit 26 (Dye deposition excerpts)).(McNamara, Elizabeth)
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| 94 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Chantal Restivo-Alessi in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (HC0030132), # (2) Exhibit 2 (HC0036522), # (3) Exhibit 3 (Amazon.com Help_ Kindle Store Terms of Use), # (4) Exhibit 4 (HC0011426), # (5) Exhibit 5 (HC0036464), # (6) Exhibit 6 (HC0036520), # (7) Exhibit 7 (Hildreth Report Excerpt), # (8) Exhibit 8 (INTAR00151363), # (9) Exhibit 9 (INTARC00354190), # (10) Exhibit 10 (INTARC00142194), # (11) Exhibit 11 (INTARC466104)).(McNamara, Elizabeth)
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| 93 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Alan Pavese in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (WILEY0000344, WILEY0000349, WILEY0000444), # (2) Exhibit 2 (WILEY0011723), # (3) Exhibit 3 (WILEY0005650), # (4) Exhibit 4 (WILEY0011641), # (5) Exhibit 5 (WILEY0006143), # (6) Exhibit 6 (WILEY0011693), # (7) Exhibit 7 (WILEY0011694)).(McNamara, Elizabeth)
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| 92 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Ben Sevier in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit 1 (HACHETTE0012376), # (2) Exhibit 2 (HACHETTE0012377), # (3) Exhibit 3 (HACHETTE0002473), # (4) Exhibit 4 (HACHETTE0010909), # (5) Exhibit 5 (HACHETTE0010980), # (6) Exhibit 6 (HACHETTE0010973), # (7) Exhibit 7 (HACHETTE0002476), # (8) Exhibit 8 (Jorgensen rpt excerpts), # (9) Exhibit 9 (INTARC00328780)).(McNamara, Elizabeth)
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| 91 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Tracy Offner in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit A (Book list), # (2) Exhibit B (IA details), # (3) Exhibit C (Openlibrary_work pages), # (4) Exhibit D (About the book pages), # (5) Exhibit E (Borrow pages), # (6) Exhibit F (Front covers), # (7) Exhibit G (Digitization pages), # (8) Exhibit H (Book rights pages), # (9) Exhibit I (Book title pages), # (10) Exhibit J (Pages 32), # (11) Exhibit K (Last book pages)).(McNamara, Elizabeth)
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| 90 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Ian Foster in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Appendix A (full curriculum vitae), # (2) Exhibit 1 (Assoc. of works in suit), # (3) Exhibit 2 (Max acutal loans), # (4) Exhibit 3 (Total loans), # (5) Exhibit 4 (ISBNs), # (6) Exhibit 4A (ISBNs), # (7) Exhibit 5 (Number of additions), # (8) Exhibit 5A (Number of additions), # (9) Exhibit 6 (max actual concurrent loans)).(McNamara, Elizabeth)
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| 89 |
Filed: 7/7/2022, Entered: 7/7/2022 |
Declaration in Support of Motion |
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DECLARATION of Sandra Cisneros in Support re: [87] MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 88 |
Filed: 7/7/2022, Entered: 7/7/2022, Terminated: 2/17/2023 |
Motion for Oral Argument |
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LETTER MOTION for Oral Argument Re: [87] Motion for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint, addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated July 7, 2022. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 87 |
Filed: 7/7/2022, Entered: 7/7/2022, Terminated: 3/24/2023 |
Motion for Summary Judgment |
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MOTION for Summary Judgment against Internet Archive with respect to the causes of action set forth in the Complaint. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. Responses due by 9/2/2022.(McNamara, Elizabeth)
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| 86 |
Filed: 7/5/2022, Entered: 7/5/2022 |
Order on Motion to seal |
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ORDER granting [85] Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/5/2022) (tg)
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| 85 |
Filed: 7/1/2022, Entered: 7/1/2022, Terminated: 7/5/2022 |
Motion to Seal |
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JOINT LETTER MOTION to Seal Re: The parties' respective cross-motions for summary judgment, addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated July 1, 2022. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 84 |
Filed: 6/30/2022, Entered: 6/30/2022 |
Order |
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ORDER: The Court received the attached letter, which it forwards to the parties. SO ORDERED. (Signed by Judge John G. Koeltl on 6/29/2022) (ks)
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| 83 |
Filed: 6/14/2022, Entered: 6/14/2022 |
Order |
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ORDER PERMITTING WITHDRAWAL AND TERMINATING APPEARANCE OF REBECCA E. WEISSMAN: The appearance of Rebecca E. Weissman in this matter is terminated. The Clerk of Court shall remove Rebecca E. Weissman from the docket in this matter. (Signed by Magistrate Judge Ona T. Wang on 6/14/2022) (tro)
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| 82 |
Filed: 6/10/2022, Entered: 6/10/2022 |
Order on Motion for conference |
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ORDER terminating [81] Letter Motion for Conference re: [81] LETTER MOTION for Conference Re: Pre-Motion Conference Letter for Plaintiffs' anticipated Motion for Summary Judgment, addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated June 10, 2022. The plaintiffs may proceed with a motion for summary judgement on the same schedule and with the same word counts that the Court has afforded the defendant, and with the same caution that the Court doubts the need for such lengthy papers. SO ORDERED.. (Signed by Judge John G. Koeltl on 6/10/2022) (ks)
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| 81 |
Filed: 6/10/2022, Entered: 6/10/2022, Terminated: 6/10/2022 |
Motion for Conference |
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LETTER MOTION for Conference Re: Pre-Motion Conference Letter for Plaintiffs' anticipated Motion for Summary Judgment, addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated June 10, 2022. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 80 |
Filed: 6/10/2022, Entered: 6/10/2022 |
Order on Motion for conference |
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ORDER terminating [79] Letter Motion for Conference re: [79] LETTER MOTION for Conference addressed to Judge John G. Koeltl from Joseph C. Gratz dated June 9, 2022. The defendant may proceed with the summary Judgement on the schedule set by M.J. Wang and with the word count requested, although the Court seriously questions whether the requested word count is necessary. SO ORDERED.. (Signed by Judge John G. Koeltl on 6/10/2022) (ks)
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| 79 |
Filed: 6/9/2022, Entered: 6/9/2022, Terminated: 6/10/2022 |
Motion for Conference |
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LETTER MOTION for Conference addressed to Judge John G. Koeltl from Joseph C. Gratz dated June 9, 2022. Document filed by Internet Archive..(Gratz, Joseph)
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| 78 |
Filed: 6/3/2022, Entered: 6/3/2022 |
Order on Motion to withdraw as attorney |
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ORDER PERMITTING WITHDRAW AL AND TERMINATING APPEARANCE OF REBECCA E. WEISSMAN granting [77] Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the appearance of Rebecca E. Weissman in this matter is terminated. IT IS FURTHER ORDERED THAT the Clerk of Court shall remove Rebecca E. Weissman from the docket in this matter. It is SO ORDERED.. (Signed by Judge John G. Koeltl on 6/3/2022) Attorney Rebecca Weissman terminated (ks)
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Request |
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| 77 |
Filed: 6/2/2022, Entered: 6/2/2022, Terminated: 6/3/2022 |
Motion to withdraw as attorney |
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MOTION for Rebecca Weissman to Withdraw as Attorney for Plaintiffs. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. Return Date set for 6/2/2022 at 12:00 PM. (Attachments: # (1) Text of Proposed Order Permitting Withdrawal and Termination).(Weissman, Rebecca)
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| 76 |
Filed: 3/15/2022, Entered: 3/15/2022 |
Memo Endorsement |
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MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL on re: [75] Notice (Other) filed by Internet Archive, ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 3/15/2022) Attorney Moon Hee Lee terminated. (ks)
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Request |
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| 75 |
Filed: 3/14/2022, Entered: 3/14/2022 |
Notice - Other |
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NOTICE of of Withdrawal of Counsel Moon Hee Lee. Document filed by Internet Archive..(Gratz, Joseph)
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| 74 |
Filed: 2/26/2022, Entered: 2/28/2022 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [73] Motion for Rebecca Eve Weissman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case 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. (Signed by Judge John G. Koeltl on 2/26/2022) (mml)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [73] MOTION for Rebecca Eve Weissman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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| 73 |
Filed: 2/15/2022, Entered: 2/15/2022, Terminated: 2/26/2022 |
Motion to Appear Pro Hac Vice |
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MOTION for Rebecca Eve Weissman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Attorney Affidavit, # (2) Certificates of Good Standing, # (3) Text of Proposed Order proposed Order).(Weissman, Rebecca)
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Request |
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Filed: None, Entered: None |
Notice Regarding Deficient Motion to Appear Pro Hac Vice |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [71] MOTION for Rebecca Weissman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25661323. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from state bar for this state.; Notarized Attorney Affidavit missing.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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| 72 |
Filed: 1/31/2022, Entered: 1/31/2022 |
Declaration in Support of Motion |
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DECLARATION of Rebecca Weissman in Support re: [71] MOTION for Rebecca Weissman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25661323. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Certificates of Good Standing).(Weissman, Rebecca)
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| 71 |
Filed: 1/31/2022, Entered: 1/31/2022, Terminated: 2/1/2022 |
Motion to Appear Pro Hac Vice |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rebecca Weissman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25661323. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Certificates of Good Standing, # (2) Text of Proposed Order Order for Admission).(Weissman, Rebecca) Modified on 2/1/2022 (bcu).
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Request |
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| 70 |
Filed: 1/21/2022, Entered: 1/21/2022 |
Order |
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REVISED SCHEDULING ORDER: After reviewing the Joint Letter dated January 14, 2022 and for good cause shown, the Court hereby orders that the following schedule will govern this civil action: Deadline to complete fact depositions (close of fact discovery): 1/31/2022. End of all discovery, including expert depositions: 6/10/2022. Deadline for dispositive motions: 7/7/2022. Filings in opposition to dispositive motions due.: 9/2/2022. Reply filings in further support of dispositive motions due: 10/7/2022. ( Deposition due by 6/10/2022., Discovery due by 6/10/2022., Fact Discovery due by 1/31/2022., Motions due by 7/7/2022., Responses due by 9/2/2022, Replies due by 10/7/2022.) (Signed by Magistrate Judge Ona T. Wang on 1/21/2022) (rro) Modified on 1/26/2022 (rro).
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| 69 |
Filed: 1/21/2022, Entered: 1/21/2022 |
Order |
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ORDER re: [58] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Scott Zebrak dated 11/19/2021. filed by John Wiley & Sons, Inc., Penguin Random House LLC, HarperCollins Publishers LLC, Hachette Book Group, Inc. ECF 58 letter Motion denied as moot. Clerks office is to remove gavel. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (Quinn, Diane)
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| 68 |
Filed: 1/14/2022, Entered: 1/14/2022 |
Letter |
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JOINT LETTER addressed to Magistrate Judge Ona T. Wang from Elizabeth A. McNamara dated January 14, 2022 re: Status Report concerning the discovery disputes before the Court. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit A (Current Scheduling Order), # (2) Exhibit B (Proposed Scheduling Order)).(McNamara, Elizabeth)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [66] MOTION for Danae Tinelli to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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| 67 |
Filed: 1/7/2022, Entered: 1/7/2022 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [66] Motion for Danae Tinelli to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 1/7/2022) (ks)
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Request |
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| 66 |
Filed: 1/7/2022, Entered: 1/7/2022, Terminated: 1/7/2022 |
Motion to Appear Pro Hac Vice |
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MOTION for Danae Tinelli to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit Certificates of Good Standing, # (2) Text of Proposed Order).(Tinelli, Danae)
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Request |
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Filed: None, Entered: None |
Notice Regarding Deficient Motion to Appear Pro Hac Vice |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [64] MOTION for Danae Tinelli to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25548068. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Superem Court of New York and the District of Columbia;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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| 65 |
Filed: 1/6/2022, Entered: 1/6/2022 |
Declaration in Support of Motion |
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DECLARATION of Danae Tinelli in Support re: [64] MOTION for Danae Tinelli to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25548068. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit Certificates of Good Standing).(Tinelli, Danae)
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| 64 |
Filed: 1/6/2022, Entered: 1/6/2022, Terminated: 1/7/2022 |
Motion to Appear Pro Hac Vice |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Danae Tinelli to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-25548068. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Text of Proposed Order Order for Admission Pro Hac Vice).(Tinelli, Danae) Modified on 1/7/2022 (bcu).
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Request |
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| 63 |
Filed: 12/24/2021, Entered: 12/24/2021 |
Notice of Filing Transcript |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/2/21 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....(Moya, Goretti)
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| 62 |
Filed: 12/24/2021, Entered: 12/24/2021 |
transcript |
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TRANSCRIPT of Proceedings re: CONFERENCE held on 12/2/2021 before Magistrate Judge Ona T. Wang. Court Reporter/Transcriber: Raquel Robles, (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 1/14/2022. Redacted Transcript Deadline set for 1/24/2022. Release of Transcript Restriction set for 3/24/2022..(Moya, Goretti)
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| 61 |
Filed: 12/22/2021, Entered: 12/22/2021 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Carl Mazurek on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Mazurek, Carl)
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| 60 |
Filed: 12/3/2021, Entered: 12/3/2021 |
Order |
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ORDER: As ordered at the December 2, 2021 conference, the parties are directed to meet and confer to resolve the disputes raised at the conference and update the Court via joint status letter, due January 14, 2022, on the status of discovery and whether any disputes remain. The fact discovery end date is extended to January 31, 2022. SO ORDERED. ( Fact Discovery due by 1/31/2022.) (Signed by Magistrate Judge Ona T. Wang on 12/3/2021) (rro)
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Filed: None, Entered: None |
Status Conference |
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Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 12/2/2021. (Quinn, Diane)
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| 59 |
Filed: 11/24/2021, Entered: 11/24/2021 |
response in opposition to motion |
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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Joseph C. Gratz dated November 24, 2021 re: [58] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Scott Zebrak dated 11/19/2021. . Document filed by Internet Archive..(Gratz, Joseph)
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| 58 |
Filed: 11/19/2021, Entered: 11/19/2021, Terminated: 1/21/2022 |
Motion for Local Rule 37.2 Conference |
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LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Scott Zebrak dated 11/19/2021. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Zebrak, Scott)
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| 57 |
Filed: 11/4/2021, Entered: 11/4/2021 |
Scheduling Order |
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ORDER: The Court is in receipt of Defendants requests for pre-motion discovery conferences regarding motions to compel and Plaintiffs corresponding oppositions. (ECF 47, 49, 54, 56). The parties are directed to appear for an in-person status conference on December 2, 2021 at 4:00 pm in Courtroom 20D, United States Courthouse, 500 Pearl Street, New York, New York 10007. Status Conference set for 12/2/2021 at 04:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 11/4/2021) (rro)
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| 56 |
Filed: 11/3/2021, Entered: 11/3/2021 |
response in opposition to motion |
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LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Ona T. Wang from Scott A. Zebrak dated November 3, 2021 re: [54] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Joseph C. Gratz dated 10/29/2021. . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Zebrak, Scott)
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| 55 |
Filed: 11/1/2021, Entered: 11/1/2021 |
Amended Order Referring Case to Magistrate Judge |
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AMENDED 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 Ona T. Wang. Motions referred to Ona T. Wang. SO ORDERED. (Signed by Judge John G. Koeltl on 11/1/2021) (ks)
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| 54 |
Filed: 10/29/2021, Entered: 10/29/2021, Terminated: 11/4/2021 |
Motion for Local Rule 37.2 Conference |
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LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Joseph C. Gratz dated 10/29/2021. Document filed by Internet Archive..(Gratz, Joseph)
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| 53 |
Filed: 10/4/2021, Entered: 10/4/2021 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE: granting [52] Motion for Annie A. Lee to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/04/2021) (ama)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [52] MOTION for Annie A. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25139940. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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| 52 |
Filed: 10/1/2021, Entered: 10/1/2021, Terminated: 10/4/2021 |
Motion to Appear Pro Hac Vice |
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MOTION for Annie A. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25139940. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Affidavit of Annie A. Lee in Support of Motion for Admission Pro Hac Vice, # (2) Exhibit A to Affidavit of Annie A. Lee in Support of Motion for Admission Pro Hac Vice, # (3) Proposed Order for Admission Pro Hac Vice).(Lee, Annie)
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Request |
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| 51 |
Filed: 9/8/2021, Entered: 9/8/2021 |
Order on Motion for Extension of Time to Complete Discovery. |
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REVISED SCHEDULING ORDER granting [50] Letter Motion for Extension of Time to Complete Discovery. Deadline to complete fact depositions (close of fact discovery) Friday December 17, 2021. Briefs in opposition to dispositive motions due Friday June 10, 2022. Reply briefs in further support of dispositive motions due Friday July 8, 2022. Discovery due by 4/1/2021. Motions due by 4/29/2022. SO ORDERED. (Signed by Judge John G. Koeltl on 9/8/2021) (mml)
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Filed: None, Entered: None |
***Set/Reset Deadlines |
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Set/Reset Deadlines: Deposition due by 12/17/2021. Fact Discovery due by 12/17/2021. Responses due by 6/10/2022 Replies due by 7/8/2022. (mml)
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| 50 |
Filed: 9/7/2021, Entered: 9/7/2021, Terminated: 9/8/2021 |
Motion for Extension of Time to Complete Discovery |
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JOINT LETTER MOTION for Extension of Time to Complete Discovery (Second Revised Scheduling Order annexed), addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated September 7, 2021. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Text of Proposed Order (Revised Scheduling Order)).(McNamara, Elizabeth)
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| 49 |
Filed: 8/12/2021, Entered: 8/12/2021 |
Response to motion |
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LETTER RESPONSE to Motion addressed to Magistrate Judge Ona T. Wang from Elizabeth A. McNamara dated August 12, 2021 re: [47] LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Joseph C. Gratz dated August 9, 2021. . Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 48 |
Filed: 8/9/2021, Entered: 8/9/2021 |
Order Referring Case to Magistrate Judge |
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ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Motion/ Dispute: * ECF. No. 47. Referred to Magistrate Judge Ona T. Wang. SO ORDERED. Motions referred to Ona T. Wang. (Signed by Judge John G. Koeltl on 8/09/2021) (ama)
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| 47 |
Filed: 8/9/2021, Entered: 8/9/2021, Terminated: 11/4/2021 |
Motion for Local Rule 37.2 Conference |
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LETTER MOTION for Local Rule 37.2 Conference addressed to Judge John G. Koeltl from Joseph C. Gratz dated August 9, 2021. Document filed by Internet Archive..(Gratz, Joseph)
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| 46 |
Filed: 5/12/2021, Entered: 5/12/2021 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [45] Motion for Moon Hee Lee to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 5/12/2021) (ks)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [45] MOTION for Moon Hee Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24526245. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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| 45 |
Filed: 5/11/2021, Entered: 5/11/2021, Terminated: 5/12/2021 |
Motion to Appear Pro Hac Vice |
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MOTION for Moon Hee Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24526245. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Affidavit of Moon Hee Lee, # (2) Exhibit A (Certificate of Good Standing), # (3) Text of Proposed Order).(Lee, Moon Hee)
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Request |
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| 44 |
Filed: 4/6/2021, Entered: 4/6/2021 |
Order on Motion for Extension of Time to Complete Discovery. |
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REVISED SCHEDULING ORDER granting [43] Motion for Extension of Time to Complete Discovery. After reviewing the Letter Motion dated April 2, 2021 and for good cause shown, the Court hereby orders that the following schedule will govern this civil action: Fact Depositions due by 9/24/2021. Discovery due by 1/21/2022. Motions due by 2/22/2022. Response due by 3/31/2022. Reply due by 4/22/2022. SO ORDERED. (Signed by Judge John G. Koeltl on 4/6/2021) (ks)
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| 43 |
Filed: 4/5/2021, Entered: 4/5/2021, Terminated: 4/6/2021 |
Motion for Extension of Time to Complete Discovery |
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JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated 4/5/2021. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) (Proposed) Order).(McNamara, Elizabeth)
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| 42 |
Filed: 12/21/2020, Entered: 12/21/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Jesse Feitel on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Feitel, Jesse)
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| 41 |
Filed: 12/1/2020, Entered: 12/1/2020 |
Letter |
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JOINT LETTER addressed to Judge John G. Koeltl from Elizabeth A. McNamara dated December 1, 2020 re: September 1, 2020 Civil Scheduling Order (ECF No. [36]). Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 40 |
Filed: 10/8/2020, Entered: 10/8/2020 |
Stipulation and Order |
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JOINT STIPULATION AND ORDER SETTING DISCOVERY DEADLINES: NOW, THEREFORE, the parties jointly stipulate to the following supplemental discovery deadlines: Deadline to complete fact discovery May 21, 2021; Deadline to complete expert disclosures on issues where parties bear burden of proof July 6, 2021; Deadline to serve rebuttal expert disclosures August 20, 2021. SO ORDERED. (Fact Discovery due by 5/21/2021.) (Signed by Judge John G. Koeltl on 10/8/2020) (jca)
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| 39 |
Filed: 10/8/2020, Entered: 10/8/2020 |
protective order |
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STIPULATION AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. This Order is not binding on the Court or Court Personnel. The Court reserves the right to amend it at any time. SO ORDERED. (Signed by Judge John G. Koeltl on 10/08/2020) (ama)
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| 38 |
Filed: 10/8/2020, Entered: 10/8/2020 |
Proposed Protective Order |
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PROPOSED PROTECTIVE ORDER. Document filed by Internet Archive..(Gratz, Joseph)
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| 37 |
Filed: 10/8/2020, Entered: 10/8/2020 |
Proposed Stipulation and Order |
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PROPOSED STIPULATION AND ORDER. Document filed by Internet Archive..(Gratz, Joseph)
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| 36 |
Filed: 9/1/2020, Entered: 9/1/2020 |
Scheduling Order |
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CIVIL SCHEDULING ORDER: The parties shall be ready for trial on 48 hours notice on or after 11/12/2021. The parties will notify the Court by 12/01/2020 whether a reference to the Magistrate Judge would be useful for purposes of settlement and whether they consent to trial before the Magistrate Judge. Dispositive Motions due 10/8/2021. Motions due by 10/29/2021. Discovery due by 9/20/2021. (Signed by Judge John G. Koeltl on 8/31/2020) (nb)
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| 35 |
Filed: 8/28/2020, Entered: 8/28/2020 |
Rule 26(f) Discovery Plan Report |
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, Penguin Random House LLC..(McNamara, Elizabeth)
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| 34 |
Filed: 8/13/2020, Entered: 8/14/2020 |
Order |
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ORDER. The parties should submit a Rule 26(f) report by August 28, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/20) (yv)
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| 33 |
Filed: 7/28/2020, Entered: 7/28/2020 |
Answer to Complaint |
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ANSWER to [1] Complaint, with JURY DEMAND. Document filed by Internet Archive..(Gratz, Joseph)
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| 32 |
Filed: 7/28/2020, Entered: 7/28/2020 |
Rule 7.1 Corporate Disclosure Statement |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Internet Archive..(Gratz, Joseph)
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| 31 |
Filed: 7/24/2020, Entered: 7/24/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [30] Motion for Christopher Cody Walsh to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/23/2020) (ks)
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Request |
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| 30 |
Filed: 7/7/2020, Entered: 7/7/2020, Terminated: 7/24/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Christopher Cody Walsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20585342. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Affidavit, # (2) Exhibit Mass. Certificate of Good Standing, # (3) Exhibit CA Certificate of Good Standing, # (4) Text of Proposed Order).(Walsh, Kit)
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Request |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [30] MOTION for Christopher Cody Walsh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20585342. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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| 29 |
Filed: 7/6/2020, Entered: 7/6/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Scott A. Zebrak on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Zebrak, Scott)
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| 28 |
Filed: 7/3/2020, Entered: 7/6/2020 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [25] Motion for Allyson R. Bennett to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/3/2020) (rro)
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Request |
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| 27 |
Filed: 7/3/2020, Entered: 7/6/2020 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [19] Motion for Jessica E. Lanier to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/3/2020) (rro)
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Request |
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| 26 |
Filed: 7/3/2020, Entered: 7/3/2020 |
Affidavit of Service Other |
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AFFIDAVIT OF SERVICE. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Santana, Meredith)
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Filed: None, Entered: None |
Pro Hac Vice Fee Payment |
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Pro Hac Vice Fee Payment: for [25] MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20485809..(Bennett, Allyson)
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| 25 |
Filed: 6/29/2020, Entered: 6/29/2020, Terminated: 7/3/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) DECLARATION OF ALLYSON R. BENNETT IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, # (2) ORDER FOR ADMISSION PRO HAC VICE).(Bennett, Allyson)
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| 24 |
Filed: 6/29/2020, Entered: 6/29/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [17] Motion for Cara L. Gagliano to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/29/2020) (ks)
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| 23 |
Filed: 6/29/2020, Entered: 6/29/2020 |
Order on Motion to appear pro hac vice |
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ORDER granting [16] Motion for Corynne Marette McSherry to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/29/2020) (ks)
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| 22 |
Filed: 6/29/2020, Entered: 6/29/2020 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [15] Motion for Aditya V. Kamdar to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/29/2020) (ks)
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| 21 |
Filed: 6/29/2020, Entered: 6/29/2020 |
Order on Motion to appear pro hac vice |
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ORDER FOR ADMISSION PRO HAC VICE granting [13] Motion for Joseph C. Gratz to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/29/2020) (ks)
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| 20 |
Filed: 6/29/2020, Entered: 6/29/2020 |
Order on Motion for extension of time to answer |
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ORDER granting [14] Letter Motion for Extension of Time to Answer. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/29/2020) Internet Archive answer due 7/28/2020 (ks)
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| Save 25% on a pre-paid one year subscription. |
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [25] MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filed: None, Entered: None |
Pro Hac Vice Fee Due |
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Pro Hac Vice Fee Due: for [25] MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (ad)
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Filed: None, Entered: None |
Notice Regarding Deficient Motion to Appear Pro Hac Vice |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. [25] MOTION for Allyson R. Bennett to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the filing fee was not paid;. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (ad)
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| 19 |
Filed: 6/26/2020, Entered: 6/26/2020, Terminated: 7/3/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Jessica E. Lanier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20449160. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Declaration of Jessica E. Lanier, # (2) Text of Proposed Order).(Lanier, Jessica)
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| 18 |
Filed: 6/26/2020, Entered: 6/26/2020, Terminated: 6/26/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Scott A. Zebrak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20445533. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC. (Attachments: # (1) Exhibit Certificates of Good Standing, # (2) Text of Proposed Order, # (3) Affidavit).(Oppenheim, Matthew)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [19] MOTION for Jessica E. Lanier to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20449160. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filed: None, Entered: None |
Notice Regarding Deficient Motion to Appear Pro Hac Vice |
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [18] MOTION for Scott A. Zebrak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20445533. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavits not notarized. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [17] MOTION for Cara Lorraine Gagliano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20425151. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [16] MOTION for Corynne Marette McSherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20424999. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [15] MOTION for Aditya V. Kamdar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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| 17 |
Filed: 6/25/2020, Entered: 6/25/2020, Terminated: 6/29/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Cara Lorraine Gagliano to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20425151. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Affidavit, # (2) Exhibit CA Certificate of Good Standing, # (3) Text of Proposed Order).(Gagliano, Cara)
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| 16 |
Filed: 6/25/2020, Entered: 6/25/2020, Terminated: 6/29/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Corynne Marette McSherry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20424999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Affidavit, # (2) Exhibit CA Certificate of Good Standing, # (3) Text of Proposed Order).(McSherry, Corynne)
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| 15 |
Filed: 6/25/2020, Entered: 6/25/2020, Terminated: 6/29/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Aditya V. Kamdar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Declaration of Aditya V. Kamdar, # (2) Text of Proposed Order).(Kamdar, Aditya)
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| 14 |
Filed: 6/25/2020, Entered: 6/25/2020, Terminated: 6/29/2020 |
Motion for Extension of Time to File Answer |
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LETTER MOTION for Extension of Time to File Answer re: [1] Complaint, addressed to Judge John G. Koeltl from Joseph C. Gratz dated 6/25/2020. Document filed by Internet Archive..(Gratz, Joseph)
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| 13 |
Filed: 6/25/2020, Entered: 6/25/2020, Terminated: 6/29/2020 |
Motion to Appear Pro Hac Vice |
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MOTION for Joseph C. Gratz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20424699. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Internet Archive. (Attachments: # (1) Declaration of Joseph C. Gratz, # (2) Text of Proposed Order).(Gratz, Joseph)
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Filed: None, Entered: None |
Notice Regarding Pro Hac Vice Motion |
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [13] MOTION for Joseph C. Gratz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20424699. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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| 12 |
Filed: 6/3/2020, Entered: 6/3/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Matthew Jan Oppenheim on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Oppenheim, Matthew)
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| 11 |
Filed: 6/2/2020, Entered: 6/2/2020 |
AO 121 Form Copyright - Case Opening - Submitted |
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AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(jgo)
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| 10 |
Filed: 6/2/2020, Entered: 6/2/2020 |
Summons issued |
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ELECTRONIC SUMMONS ISSUED as to Internet Archive..(jgo)
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Filed: None, Entered: None |
Notice to Attorney Regarding Deficient AO 120/121 Form |
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***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Elizabeth A. McNamara re: Document No. [4] AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the Docket Number field on the AO 121 Copyright form was not completed by the attorney;. DO NOT re-file the form. The Court has corrected the deficiency/deficiencies.. (jgo)
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Filed: None, Entered: None |
Case Designated ECF. |
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Case Designated ECF. (jgo)
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Filed: None, Entered: None |
Case Designation |
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Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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Filed: None, Entered: None |
Case Opening Initial Assignment Notice |
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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Filed: None, Entered: None |
Notice to Attorney Regarding Case Opening Statistical Error Correction |
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Elizabeth A. McNamara. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (jgo)
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| 9 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Elizabeth A. McNamara on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 8 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by John Moses Browning on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Browning, John)
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| 7 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Meredith Ivana Santana on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Santana, Meredith)
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| 6 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Linda Jane Steinman on behalf of Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(Steinman, Linda)
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| 5 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Rule 7.1 Corporate Disclosure Statement |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate News Corporation for HarperCollins Publishers LLC; Other Affiliate Bertelsmann SE & Co. KGaA for Penguin Random House LLC; Other Affiliate Hachette Livre USA, Inc. for Hachette Book Group, Inc.. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 4 |
Filed: 6/1/2020, Entered: 6/1/2020 |
AO 121 Form Copyright - Notice of Submission by Attorney |
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AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(McNamara, Elizabeth)
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| 3 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Request for Issuance of Summons |
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REQUEST FOR ISSUANCE OF SUMMONS as to Internet Archive, re: [1] Complaint,. Document filed by Hachette Book Group, Inc., HarperCollins Publishers LLC, John Wiley & Sons, Inc., Penguin Random House LLC..(McNamara, Elizabeth)
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| 2 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Civil Cover Sheet |
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CIVIL COVER SHEET filed..(McNamara, Elizabeth)
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| 1 |
Filed: 6/1/2020, Entered: 6/1/2020 |
Complaint |
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COMPLAINT against Does 1 Through 5, Internet Archive. (Filing Fee $ 400.00, Receipt Number ANYSDC-20052153)Document filed by Penguin Random House LLC, Hachette Book Group, Inc., John Wiley & Sons, Inc., HarperCollins Publishers LLC. (Attachments: # (1) Exhibit A).(McNamara, Elizabeth)
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