OPINION AND ORDER: Plaintiffs October 11, 2013 motion for class certification is granted; Apples November 15, 2013 motion to exclude Nolls opinions is denied; and plaintiffs January 27, 2014 request to strike portions of Apples sur-reply memorandum of law in opposition to plaintiffs motion for class certification and the sur-reply declarations of Kalt and Orszag is granted in part. (Signed by Judge Denise L. Cote on 3/28/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al.(gr) (Entered: 03/28/2014)
SCHEDULING ORDER: Parties shall provide notice to each other by August 23,2013 of all remaining fact discovery they wish to conduct. Expert Discovery due by 12/13/2013. The following motions will be served by the dates indicatedbelow. Any motion for class certification: Motion served by October 11, 2013. Opposition served by November 15, 2013. Reply served by December 13, 2013. Any motion for summary judgment: Motion served by January 24, 2014. Opposition served by February 14, 2014. Reply served by February 28, 2014. Joint Pretrial Order due by 4/11/2014. The case is placed on the May 2014 trial ready calendar. (Signed by Judge Denise L. Cote on 8/13/2013)Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc) (Entered: 08/14/2013)
MOTION for Settlement for Preliminary Approval of Settlements. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Fisher, Rebecca) (Entered: 06/21/2013)
ORDER in case 1:11-cv-05576-DLC; granting (318) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (180) Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09204-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09350-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice; granting [] Motion for Cynthia E. Richman to Appear Pro Hac Vice in case 1:12-cv-06625-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC et al.(Cote, Denise) (Entered: 05/07/2013)
ORDER: By letter dated April 25, 2013, plaintiffs in the above-captioned actions inform the Court that they have executed a settlement agreement as to defendants Holtzbrinck Publishers, LLC d/b/a/ Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH (collectively, "Macmillan"). It is hereby ORDERED that plaintiffs shall file any motion for preliminary approval of a settlement as to Macmillan by May 24, 2013., ( Motions due by 5/24/2013.) (Signed by Judge Denise L. Cote on 4/26/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered: 05/01/2013)
ORDER: By letter dated February 13, 2013, class plaintiffs request the Court's assistance in settling a discovery dispute with respect to non-party Walter Isaacson ("Isaacson"). Having reviewed class plaintiffs' February 13 letter and the letter in response submitted by counsel for Isaacson on February 18, it is hereby ORDERED that a teleconference regarding the discovery dispute with Isaacson will be held on Friday, February 22 at 3:30p.m. Counsel representing parties in any related litigation may also participate in the teleconference. (Telephone Conference set for 2/22/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 02/19/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jcs) (Entered: 02/19/2013)
ORDER GRANTING MOTION TO WITHDRAW ATTORNEY APPEARANCE: in case 1:11-cv-05576-DLC; granting (282) Motion to Withdraw as Attorney. BEFORE THE COURT is a Motion by Hollis Salzman, Kellie Lerner and Bernard Persky to withdraw their appearances as Counsel for Plaintiffs. The motion is GRANTED. Hollis Salzman, Kellie Lerner and Bernard Persky shall be removed as attorneys for Plaintiffs. I direct the clerk to terminate all ECF noticing for them in the above referenced action.(Signed by Judge Denise L. Cote on 2/15/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ama) (Entered: 02/15/2013)
NOTICE OF CHANGE OF ADDRESS by Jay L. Himes on behalf of Robert Cheatham. New Address: Labaton Sucharow LLP, 140 Broadway, New York, New York, USA 10005, 212-907-0834. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay) (Entered: 02/15/2013)
NOTICE OF APPEARANCE by Jay L. Himes on behalf of Robert Cheatham Filed In Associated Cases: 1:11-md-02293-DLC et al.(Himes, Jay) (Entered: 02/15/2013)
ORDER: By letter dated January 7, 2013, class plaintiffs request the Court's assistance in enforcing a subpoena served by plaintiffs on non-party Baker & Taylor, Inc. ("Baker & Taylor") It is hereby ORDERED that a teleconference regarding the enforcement of the Baker & Taylor subpoena will be held on Thursday, January 17 at 3:30 p.m. IT IS FURTHER ORDERED that class plaintiffs and Baker & Taylor shall confer with each other in advance of the January 17 teleconference. Counsel representing parties in any related litigation may also participate in the teleconference., ( Telephone Conference set for 1/17/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/8/2013) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered: 01/08/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 10/9/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 11/14/2012)
Redaction of (72 in 1:11-cv-06019-DLC, 49 in 1:11-cv-09567-DLC, 68 in 1:11-cv-09564-DLC, 110 in 1:11-cv-09016-DLC, 54 in 1:11-cv-09562-DLC, 68 in 1:11-cv-09566-DLC, 62 in 1:11-cv-09559-DLC, 61 in 1:11-cv-09565-DLC, 79 in 1:11-cv-05609-DLC, 95 in 1:11-cv-05707-DLC, 54 in 1:12-cv-06625-DLC, 96 in 1:11-cv-05576-DLC, 78 in 1:11-cv-05750-DLC, 67 in 1:11-cv-05976-DLC, 54 in 1:11-cv-08329-DLC, 70 in 1:11-cv-07507-DLC, 58 in 1:11-cv-09561-DLC, 65 in 1:11-cv-06079-DLC, 73 in 1:11-cv-09014-DLC, 40 in 1:12-cv-00476-DLC, 56 in 1:11-cv-08608-DLC, 67 in 1:11-cv-05898-DLC, 147 in 1:12-cv-02826-DLC, 61 in 1:11-cv-07534-DLC, 68 in 1:11-cv-05896-DLC, 256 in 1:11-md-02293-DLC, 60 in 1:11-cv-07323-DLC, 58 in 1:11-cv-09560-DLC, 95 in 1:11-cv-05621-DLC, 129 in 1:12-cv-03394-DLC, 62 in 1:11-cv-09563-DLC) Transcript,, Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 11/14/2012)
Letter addressed to Judge Denise L. Cote from Daniel F. McInnis dated 10/25/2012 re: Request for a premotion conference. Document filed by Penguin Group (USA), Inc.Filed In Associated Cases: 1:11-md-02293-DLC et al.(ad) (Entered: 11/01/2012)
TRANSCRIPT of Proceedings re: conference held on 10/9/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Ann Hairston, (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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 10/24/2012)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/10/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 10/12/2012)
TRANSCRIPT of Proceedings re: CONFERNCE held on 9/10/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, (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 11/5/2012. Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction set for 1/14/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered: 10/12/2012)
ORDER: that any corrections or observations by Apple that pertain to the Government's Response and motion remain limited to five pages. Apple was required to set forth its analysis of any "substantive deficiencies in the proposed settlement" in its submission during the public comment period. In reviewing the Government's motion, the Court will consider Apple's nine page public comment as well as any submission it makes on August 15. IT IS FURTHER ORDERED that the Court will inform the parties after the motion is fully submitted whether either oral argument or a hearing on the motion would be of assistance to the Court. (Signed by Judge Denise L. Cote on 8/7/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl) (Entered: 08/07/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (201) Motion for George Farah to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05609-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05621-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05707-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05750-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05896-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05898-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07534-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07323-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-08329-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-08608-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09016-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09014-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09563-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09564-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09565-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09566-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09567-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-00476-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 7/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 07/27/2012)
ORDER: It is hereby ordered that the stay in this litigation as to defendant Hachette Digital, Inc. is extended from July 11, 2011 to August 10, 2012. (Signed by Judge Denise L. Cote on 7/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(js) (Entered: 07/10/2012)
STATUS REPORT. Revised Joint Initial Report Document filed by United States of America. (Attachments: # 1 Exhibit Schedule, # 2 Exhibit Revised ESI Report)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie) (Entered: 07/06/2012)
OPINION & ORDER # 102013 denying as to plaintiffs' federal claims re: (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings filed by Penguin Group USA, Inc. (Signed by Judge Denise L. Cote on 6/27/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 6/29/2012 (ft). (Entered: 06/28/2012)
STATUS REPORT. Joint Initial Report of All Parties Document filed by United States Of America. (Attachments: # 1 Exhibit Proposed Schedules, # 2 Exhibit Parties' Current Disputes, # 3 Exhibit Joint ESI Submission)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie) (Entered: 06/20/2012)
OPINION & ORDER # 101815: The Publisher Defendants' 3/2/2012 Motion to Dismiss is denied. Apple's 3/2/2012 Motion to Dismiss is also denied re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by HarperCollins Publishers L.L.C., (73 in 1:11-md-02293-DLC) MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Apple Inc. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 5/21/2012 (ft). (Entered: 05/15/2012)
NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas Filed In Associated Cases: 1:11-md-02293-DLC et al.(Lipman, Eric) (Entered: 05/10/2012)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 5/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered: 05/09/2012)
ORDER: ORDERED that, unless Penguin advises the Court by April 30, 2012 that it wishes its March 2 motion to stay proceedings and compel arbitration to be addressed, the motion will be deemed withdrawn. IT IS FURTHER ORDERED that in the event Penguin files a renewed motion to arbitrate, any party opposing the motion may present any arguments that are appropriate, including that Penguin has waived its right to arbitrate. (Signed by Judge Denise L. Cote on 4/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc) (Entered: 04/26/2012)
CASE MANAGEMENT ORDER: It is hereby ORDERED as follows: 1. Any application by Penguin Group USA, Inc. to withdraw its Motion to Compel Arbitration and Stay Proceedings must be submitted by April 27, 2012. 2. The Government and defendants Hachette Book Group, Inc.; HarperCollins Publishers L.L.C.; and Simon & Schuster, Inc. (collectively, the "Settling Parties") shall submit a proposed order for a stay by April 30, 2012. 3. The Government shall file any motion with respect to a proposed final judgment by July 27. Any submissions in response to this motion by a party in one of the above-captioned actions shall be filed by August 8, 2012, and shall not exceed 5 pages. The limit of 10 pages described at the conference is hereby reduced to 5 pages. The Government shall have until August 15, 2012 to file any reply. IT IS FURTHER ORDERED that a conference in these actions, and any related actions subsequently accepted by this Court, will be held on June 22, 2012 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. IT IS FURTHER ORDERED that prior to the June 22, 2012 conference, the parties in these actions, and any related actions subsequently accepted by this Court, shall submit to the Court a proposal for coordinated discovery and a proposed confidentiality agreement. Motions due by 7/27/2012. Responses due by 8/8/2012. Replies due by 8/15/2012. Status Conference set for 6/22/2012 at 02:30 PM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/23/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm) (Entered: 04/24/2012)
REPLY MEMORANDUM OF LAW in Support re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint.. Document filed by MacMillan Publishers, Inc., Mcmillan Publishers, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., Simon & Schuster, Inc., Penguin Group (USA), Inc., Simon & Schuster, Inc., MacMillan Publishers, Inc, Penquin Group (USA) Inc, Macmillan, Simon & Schuster, Simon & Schuster, Inc., Simon & Shuster, Simon and Schuster, Inc., Holtzbrinck Publishers, LLC(Doing business as Macmillan), Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.., Penguin Group USA, Inc., Simon & Schuster Digital Sales, Inc., The Penguin Group. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel) (Entered: 04/13/2012)
MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/20/2012). Granting (104) Motion for Allison Sheedy to Appear Pro Hac Vice in case 1:11-md-02293-DLC. Filed In Associated Cases: 1:11-md-02293-DLC et al. (rjm) Modified on 3/21/2012 (rjm). (Entered: 03/21/2012)
ORDER: It is hereby ORDERED that the plaintiffs' opposition must be submitted by March 30, 2012. The defendant's reply, if any, must be submitted by April 13, 2012. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street1 New York, New York. Set Deadlines/Hearing as to (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings. :( Responses due by 3/30/2012, Replies due by 4/13/2012.) (Signed by Judge Denise L. Cote on 3/5/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jfe) (Entered: 03/05/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (69) Motion for Daniel G Swanson to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 03/05/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (70) Motion for Daniel S Floyd to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 03/05/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (71) Motion for Jay Srinivasan to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 03/05/2012)
NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) (Entered: 03/02/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (46) Motion for Daniel J Mogin to Appear Pro Hac Vice for plaintiff Karina Key in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 1/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 01/27/2012)
CERTIFICATE OF SERVICE. Document filed by Marcus Mathis, Anthony Petru. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Friedman, Jeff) (Entered: 01/20/2012)
NOTICE OF CHANGE OF ADDRESS by Helene Debra Jaffe on behalf of Simon & Schuster, Inc., Simon & Shuster, Simon & Schuster, Inc., Simon & Schuster, Inc., Simon & Schuster. New Address: Proskauer Rose LLP, Eleven Times Square, New York, New York, USA 10036-8299, 212-969-3900. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Jaffe, Helene) (Entered: 01/20/2012)
ORDER FOR ADMISSION PRO HAC VICE in case 1:11-cv-05576-DLC; granting (39) Motion for Richard S. Frankowski to Appear Pro Hac Vice in case 1:11-md-02293-DLC for all purposes as counsel for Plaintiff Katrina Key in the above entitled action. Additional relief as st forth in this Order..(Signed by Judge Denise L. Cote on 1/17/12) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl) (Entered: 01/17/2012)
REVISED CASE MANAGEMENT ORDER: Paragraph III(1)(e) of the December 21 Case Management Order is stricken. The following paragraph is inserted as numbered paragraph III(4): Upon the first appearance of any new defendant(s), Lead Counsel for plaintiffs shall mail to the attorneys for such defendant(s) in such newly filed or transferred case a copy of the December 21 Case Management Order. (Signed by Judge Denise L. Cote on 12/23/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al. (ab) (Entered: 12/23/2011)
CASE MANAGEMENT ORDER: Hagens Berman LLP and Cohen Milstein Sellers & Toll PLLC shall serve as Co-Lead Counsel for all plaintiffs in this action and the class. Every pleading filed in this action, and in any separate action subsequently included therein, shall bear the following caption: IN RE: ELECTRONIC BOOKS ANTITRUST LITIGATION. Amended Pleadings due by 3/16/2012. Motions due by 4/13/2012. Responses due by 5/11/2012. Replies due by 5/25/2012. (Signed by Judge Denise L. Cote on 12/21/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al.(ft) (Entered: 12/21/2011)
ORDER: That the Court waives any interest it might have in this putative class action lawsuit. IT IS FURTHER ORDERED that any motion for class certification made in this action shall define the class so as to exclude individuals described in 28 U.S.C. § 455 (b) (4) -(5). (Signed by Judge Denise L. Cote on 12/20/2011) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rdz) (Entered: 12/21/2011)
DECLARATION of Steve W. Berman in Support re: (62 in 1:11-cv-05576-DLC, 70 in 1:11-cv-09016-DLC, 14 in 1:11-cv-08608-DLC, 44 in 1:11-cv-05750-DLC, 34 in 1:11-cv-05896-DLC, 33 in 1:11-cv-05976-DLC, 31 in 1:11-cv-09014-DLC, 43 in 1:11-cv-05609-DLC, 30 in 1:11-cv-07507-DLC, 13 in 1:11-cv-08329-DLC, 33 in 1:11-cv-05898-DLC, 22 in 1:11-cv-07323-DLC, 61 in 1:11-cv-05707-DLC, 31 in 1:11-cv-06079-DLC, 19 in 1:11-md-02293-DLC, 21 in 1:11-cv-07534-DLC, 38 in 1:11-cv-06019-DLC, 60 in 1:11-cv-05621-DLC) MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel.. Document filed by Anthony Petru. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve) (Entered: 12/19/2011)
MOTION to Appoint Counsel Application to Appoint Hagens Berman Interim Lead Counsel. Document filed by Anthony Petru.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve) (Entered: 12/19/2011)
MOTION to Appoint Counsel Notice of Hagens Berman's Application to be Appointed Interim Lead Counsel. Document filed by Anthony Petru.Filed In Associated Cases: 1:11-md-02293-DLC et al.(Berman, Steve) (Entered: 12/19/2011)
BRIEF Plaintiff Rhonda Burstein's Application for the Appointment of Grant & Eisenhofer P.A. as Interim Lead Counsel. Document filed by Rhonda Burstein. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Nussbaum, Linda) (Entered: 12/19/2011)
BRIEF re: (10 in 1:11-cv-08608-DLC, 25 in 1:11-cv-09014-DLC, 29 in 1:11-cv-05976-DLC, 30 in 1:11-cv-05896-DLC, 17 in 1:11-cv-07534-DLC, 57 in 1:11-cv-05707-DLC, 40 in 1:11-cv-05750-DLC, 58 in 1:11-cv-05576-DLC, 66 in 1:11-cv-09016-DLC, 26 in 1:11-cv-07507-DLC, 39 in 1:11-cv-05609-DLC, 11 in 1:11-md-02293-DLC, 9 in 1:11-cv-08329-DLC, 34 in 1:11-cv-06019-DLC, 29 in 1:11-cv-05898-DLC, 27 in 1:11-cv-06079-DLC, 56 in 1:11-cv-05621-DLC, 18 in 1:11-cv-07323-DLC) Brief,,,, Declaration of Kit A. Pierson in Support of Application of Cohen Milstein Sellers & Toll PLLC Seeking Appointment to Represent Consolidated Putative Class. Document filed by Marcia Greene, Aubrie Ann Jones, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Harrison Goldman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Pierson, Kit) (Entered: 12/19/2011)
BRIEF re: (24 in 1:11-cv-07507-DLC, 24 in 1:11-cv-07507-DLC, 28 in 1:11-cv-05896-DLC, 28 in 1:11-cv-05896-DLC, 37 in 1:11-cv-05609-DLC, 37 in 1:11-cv-05609-DLC, 27 in 1:11-cv-05898-DLC, 27 in 1:11-cv-05898-DLC, 54 in 1:11-cv-05621-DLC, 54 in 1:11-cv-05621-DLC, 7 in 1:11-cv-08329-DLC, 7 in 1:11-cv-08329-DLC, 15 in 1:11-cv-07534-DLC, 15 in 1:11-cv-07534-DLC, 38 in 1:11-cv-05750-DLC, 38 in 1:11-cv-05750-DLC, 32 in 1:11-cv-06019-DLC, 32 in 1:11-cv-06019-DLC, 3 in 1:11-md-02293-DLC, 3 in 1:11-md-02293-DLC, 16 in 1:11-cv-07323-DLC, 16 in 1:11-cv-07323-DLC, 25 in 1:11-cv-06079-DLC, 25 in 1:11-cv-06079-DLC, 56 in 1:11-cv-05576-DLC, 56 in 1:11-cv-05576-DLC, 55 in 1:11-cv-05707-DLC, 55 in 1:11-cv-05707-DLC, 8 in 1:11-cv-08608-DLC, 8 in 1:11-cv-08608-DLC, 27 in 1:11-cv-05976-DLC, 27 in 1:11-cv-05976-DLC) Order, Set Deadlines/Hearings,,,,,, Application of Cohen Milstein Sellers & Toll PLLC Seeking Appointment to Represent Consolidated Putative Class. Document filed by Marcia Greene, Aubrie Ann Jones, Cyrus Joubin, Kevin Rader-Rhodenbaugh, Harrison Goldman. (Attachments: # 1 Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Pierson, Kit) (Entered: 12/19/2011)
CERTIFICATE OF SERVICE of Notice of Pretrial Conference served on SDNY Plaintiffs' Counsel of Record on 12/16/2011. Document filed by Rhonda Burstein. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Nussbaum, Linda) (Entered: 12/16/2011)
NOTICE OF PRETRIAL CONFERENCE: A conference has been scheduled for December 20, 2011 at 2:30 PM at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B in all but one of these actions. A conference has not yet been scheduled in 11cv8329, which was accepted as related on 12/12/2011. A conference in these actions, and for any actions transferred by December 19, 2011, shall be held on December 20, 2011 at 2:30 PM at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. Any plaintiff and plaintiffs' counsel seeking appointment to represent a consolidated putative class shall file an application to do so by December 19 at 10:00 AM. (Signed by Judge Denise L. Cote on 12/14/2011) (jar) (Entered: 12/14/2011)
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... that pursuant to 28 U.S.C. 1407, the action(s) listed... and pending... be, and the same hereby are, transferred to the Southern District of New York and, with consent of that court, assigned to the Honorable Denise L. Cote, for coordinated or consolidated pretrial proceedings with the actions pending in that district. (Signed by MDL Panel on 12/9/2011) (sjo) (Entered: 12/09/2011)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an Initial Pretrial Conference with the Court, at the time and place listed below. December 20, 2011 at 2:30 p.m. at the United States Court House, 500 Pearl Street, New York, In Courtroom 15B. (Signed by Judge Denise L. Cote on 12/07/2011) (ama) (Entered: 12/07/2011)
STIPULATION AND ORDER CONCERNING DEFENDANT BARNES & NOBLE. INC'S RESPONSE TO THE COMPLAINT: Defendant Barnes & Noble, Inc.'s time to answer, move or otherwise respond to the complaint is hereby extended to the 60th day after the Actions have been consolidated in a single forum and a consolidated amended complaint has been filed (or lead plaintiffs' counsel has announced by filed notice that it will not be filing a consolidated amended complaint). (Signed by Judge George B. Daniels on 10/6/2011) (ab) (Entered: 10/06/2011)
ORDER FOR ADMISSION PRO HAC VICE granting 45 Motion for Michael E. Kipling to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 9/26/2011) (lmb) (Entered: 09/26/2011)
NOTICE OF CHANGE OF ADDRESS by Jason Allen Zweig on behalf of Anthony Petru. New Address: Hagens Berman Sobol Shapiro LLP, One Penn Plaza, 36th Floor, New York, New York, USA 10119, 212-752-5455. (Zweig, Jason) (Entered: 09/21/2011)
REPLY MEMORANDUM OF LAW in Support re: 3 MOTION to Intervene. MOTION to Transfer Case PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION.. Document filed by Anthony Petru. (Zweig, Jason) (Entered: 09/19/2011)
ORDER FOR ADMISSION PRO HAC VICE granting 36 Motion for William A. Isaacson to Appear Pro Hac Vice on behalf of Defendant Barnes & Noble, Inc. (Signed by Judge George B. Daniels on 9/16/2011) (djc) (Entered: 09/16/2011)
STIPULATION AND REQUEST FOR EXTENSION OF TIME FOR DEFENDANT BARNES & NOBLE, INC.'S RESPOND TO THE COMPLAINT: It is hereby stipulated that Defendant shall file its response to Plaintiff's Complaint on or before October 10, 2011. Barnes & Noble, Inc. answer due 10/10/2011. (Signed by Judge Naomi Reice Buchwald on 9/12/2011) (rdz) (Entered: 09/12/2011)
STIPULATION AND ORDER CONCERNING RESPONSES TO THE COMPLAINTS: Amazon's time to answer, move or otherwise respond to the complaint is hereby extended to the 60th day after the Actions have been consolidated in a single forum and a consolidated amended complaint has been filed (or lead plaintiffs' counsel has announced by filed notice that it will not be filing a consolidated amended complaint). Amazon hereby agrees to accept service of the summons and complaint in each of these actions and Amazon's counsel may file notices of appearance in these actions without prejudice to its jurisdictional or venue defenses. (Signed by Judge George B. Daniels on 9/9/2011) (ft) (Entered: 09/09/2011)
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: 3 MOTION to Intervene. MOTION to Transfer Case PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION. (JOINDER OF DEFENDANT RANDOM HOUSE, INC. IN PUBLISHER DEFENDANTS' OPPOSITION TO PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION). Document filed by Random House, Inc. (Morgenstern, Saul) Modified on 9/12/2011 (ldi). (Entered: 09/09/2011)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bertelsmann AG for Random House, Inc.. Document filed by Random House, Inc..(Morgenstern, Saul) (Entered: 09/09/2011)
STIPULATION AND ORDER CONCERNING RESPONSES TO THE COMPLAINT: Defendants' time to answer, move or otherwise respond to the complaint is hereby extended to the 60th day after the Actions have been consolidated in a single forum and a consolidated amended complaint has been filed (or lead plaintiffs' counsel has announced by filed notice that it will not be filing a consolidated amended complaint). (Signed by Judge George B. Daniels on 9/9/2011) (jfe) (Entered: 09/09/2011)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CBS Corporation, Corporate Parent French Street Management LLC, Corporate Parent CBS Operations Inc. for Simon & Schuster, Inc.. Document filed by Simon & Schuster, Inc..(Jaffe, Helene) (Entered: 09/09/2011)
RESPONSE in Opposition re: 3 MOTION to Intervene. MOTION to Transfer Case PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION.. Document filed by Hachette Book Group, Inc., Harper Collins Publishers, Inc., MacMillan Publishers, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc.. (Donohoe, David) (Entered: 09/08/2011)
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - FIRST MOTION for Extension of Time to File Answer re: 1 Complaint. Document filed by Barnes & Noble, Inc.(Boies, David) Modified on 9/9/2011 (ldi). (Entered: 09/08/2011)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Hachette SA, Corporate Parent Lagardere North America Inc. for Hachette Book Group, Inc.. Document filed by Hachette Book Group, Inc..(Harkness, Timothy) (Entered: 09/07/2011)
AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was accepted by Lynn Radliff, Senior Litigation Paralegal; Coleen Brown on behalf of Senior Director IP Law and Litigation, Chief Litigation Counsel; Jessica Fadem, Executive Assistant; Matthew Hooban, Legal Dept.; Trina Hunn, Assistant General Counsel; Amy Wolosoff, Associate General Counsel; Alexander Gigante, Senior VP, Legal Dept.; Grace Williams, Legal Secretary; Lorna Lee, Legal Assistant. Document filed by Rhonda Burstein. (Radice, John) (Entered: 09/07/2011)
ORDER: All parties are directed to attend a conference on 9/22/2011, at 9:30 a.m. (Status Conference set for 9/22/2011 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/6/2011) (tro) (Entered: 09/06/2011)
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/22/2011 at 09:30 AM in Courtroom 21D at the United States District Courthouse, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 8/23/2011) (mro) (Entered: 08/25/2011)
DECLARATION of Jason A. Zweig in Support re: 3 MOTION to Intervene. MOTION to Transfer Case PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION.. Document filed by Anthony Petru. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Zweig, Jason) (Entered: 08/24/2011)
MEMORANDUM OF LAW in Support re: 3 MOTION to Intervene. MOTION to Transfer Case PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION.. Document filed by Anthony Petru. (Zweig, Jason) (Entered: 08/24/2011)
MOTION to Intervene., MOTION to Transfer Case PROPOSED INTERVENOR ANTHONY PETRU'S MOTION TO INTERVENE AND MOTION TO TRANSFER OR, IN THE ALTERNATIVE, STAY ACTION. Document filed by Anthony Petru.(Zweig, Jason) (Entered: 08/24/2011)
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