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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 579 |
Filed: 10/13/2015, Entered: None |
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ORDER: In light of today's decision to not extend the Monitor's term, it is hereby ORDERED that the conference scheduled for October 15 at 2:30 p.m. is cancelled. (Signed by Judge Denise L. Cote on 10/13/2015) (gr) (Entered: 10/13/2015)
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| 578 |
Filed: 10/13/2015, Entered: None |
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MEMORANDUM OPINION & ORDER....Having reviewed the terms of the Injunction, the four Monitor reports, and the parties October 12 submission, and being fully familiar with the record in this action, the Court concludes that the Monitors term will not be extended. The Monitor has ably performed a significant public service in a difficult environment. Due to the Injunction and Monitorship, Apple has entirely revamped its antitrust compliance program. It is to be hoped that this program will benefit not only the American public but Apple as well. Id. at 290. (Signed by Judge Denise L. Cote on 10/13/2015) (gr) (Entered: 10/13/2015)
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Request |
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| 577 |
Filed: 10/6/2015, Entered: None |
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Fourth Report of the External Compliance Monitor. Covering Activities for dates of March 1, 2015 through September 4, 2015. (gr) (Entered: 10/06/2015)
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| 576 |
Filed: 10/6/2015, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 10/6/2015 in response to the Court's October 5, 2015 Order concerning, among other matters, the Fourth Report of the External Compliance Monitor. (gr) (Entered: 10/06/2015)
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Request |
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| 575 |
Filed: 10/5/2015, Entered: None |
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ORDER: On October 5, 2015, the Monitor submitted to the Court and the parties in this matter his fourth report. The Monitor provided as well a Non-Confidential Version of that report with his proposed redactions for information Apple has designated as confidential and/or proprietary. Pursuant to the Final Judgment, the Monitors appointment expires after Apple has completed two years of the annual training required by the Judgment, although on application of the United States or any Plaintiff State, or sua sponte, the appointment may be extended by one or more one-year periods. The Monitors letter reflects an understanding that his appointment expires on October 16, 2015 unless extended. Accordingly, it is hereby ORDERED that the parties shall confer with each other and the Monitor and provide to the Court by October 9, 2015, any requests for further redactions beyond those proposed in the Monitors October 5 Non-Confidential Version. IT IS FURTHER ORDERED that the parties shall confer regarding the extension of the Monitorship and provide by October 12, 2015 their joint or several positions in writing on whether the Monitorship should be extended. IT IS FURTHER ORDERED that a conference will be held on October 15, 2015, at 2:30 p.m. to address whether the Monitorship should expire as of that date or be extended for some period thereafter. The Monitor shall attend the conference. (Signed by Judge Denise Cote on 10/5/2015) (rr) (Entered: 10/05/2015)
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Request |
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| 574 |
Filed: 10/5/2015, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 10/5/2015 re: Pursuant to Section VI.C of the September 5, 2013 Final Judgment and Order Entering Permanent Injunction in the above-captioned matter, and pursuant to the April 14, 2014 Endorsed Letter, I am electronically transmitting and hand-delivering two copies of our fourth report. (rr) (Entered: 10/5/2015) (Entered: 10/05/2015)
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Request |
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| 573 |
Filed: 8/21/2015, Entered: None |
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MANDATE of USCA (Certified Copy) as to 308 Notice of Appeal, filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc., 307 Notice of Appeal, filed by Apple Inc., 309 Notice of Appeal, filed by Holtzbrinck Publishers, LLC. USCA Case Number 13-3857 (con); 13-3864(con); 13-3867(con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/21/2015. (Attachments: # 1 Opinion, # 2 Concurring in part and Concurring in the judgment by Judge Lohier, # 3 Dissenting by Judge Jacobs)(nd) (Entered: 08/21/2015)
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Request |
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| 572 |
Filed: 7/30/2015, Entered: None |
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MANDATE of USCA (Certified Copy) as to (85 in 1:11-cv-05896-DLC, 112 in 1:11-cv-05707-DLC, 112 in 1:11-cv-05621-DLC, 66 in 1:11-cv-09567-DLC, 85 in 1:11-cv-09566-DLC, 688 in 1:11-md-02293-DLC, 77 in 1:11-cv-07323-DLC, 114 in 1:11-cv-05576-DLC, 565 in 1:12-cv-03394-DLC-MHD, 96 in 1:11-cv-05609-DLC, 85 in 1:11-cv-09564-DLC, 71 in 1:11-cv-09562-DLC, 101 in 1:12-cv-06625-DLC, 479 in 1:12-cv-02826-DLC-MHD, 75 in 1:11-cv-09560-DLC, 90 in 1:11-cv-09014-DLC, 29 in 1:11-cv-09350-DLC, 127 in 1:11-cv-09016-DLC, 30 in 1:11-cv-09204-DLC, 84 in 1:11-cv-05898-DLC, 75 in 1:11-cv-08608-DLC, 75 in 1:11-cv-09561-DLC, 57 in 1:12-cv-00476-DLC, 78 in 1:11-cv-09565-DLC, 79 in 1:11-cv-09563-DLC, 79 in 1:11-cv-09559-DLC, 95 in 1:11-cv-05750-DLC, 87 in 1:11-cv-07507-DLC, 71 in 1:11-cv-08329-DLC, 84 in 1:11-cv-05976-DLC, 89 in 1:11-cv-06019-DLC, 82 in 1:11-cv-06079-DLC, 78 in 1:11-cv-07534-DLC) Notice of Appeal, filed by Dianne Young Erwin. USCA Case Number 14-4649.Appellant Dianne Young Erwin moves, pursuant to FRAP 42(b), for voluntary dismissal of her appeal in 14-4649. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/30/2015. Filed In Associated Cases: 1:11-md-02293-DLC et al.(nd) (Entered: 07/31/2015)
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Request |
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| 571 |
Filed: 7/13/2015, Entered: None |
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MANDATE of USCA (Certified Copy) as to 407 Notice of Interlocutory Appeal, filed by Apple Inc. USCA Case Number 14-60. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the decisions of the district court are AFFIRMED, without prejudice. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/13/2015. (nd) (Entered: 07/13/2015)
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Request |
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| 570 |
Filed: 4/16/2015, Entered: None |
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Third Report of the External Compliance Monitor (Redacted Version). Covering Activities for dates of September 1, 2014 through the end of February 2015.(gr) (Entered: 04/16/2015)
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Request |
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| 569 |
Filed: 4/16/2015, Entered: None |
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ORDER: On April 14, 2015, the External Compliance Monitor (Monitor) submitted its third report. The Monitor submitted both an unredacted version and a copy of the report with redactions. Having reviewed the proposed redactions, it is hereby ORDERED that the Monitors April 14 report may be filed in the public record with the proposed redactions. (Signed by Judge Denise L. Cote on 4/16/2015) (gr) (Entered: 04/16/2015)
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Request |
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| 568 |
Filed: 12/19/2014, Entered: None |
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MEMO ENDORSEMENT granting 567 Motion to Withdraw as Attorney. Attorney Michael Paul Franck terminated. (Signed by Judge Denise L. Cote on 12/18/2014) (gr) (Entered: 12/19/2014)
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Request |
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| 567 |
Filed: 12/18/2014, Entered: None |
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MOTION for Michael Paul Franck to Withdraw as Attorney . Document filed by The Commonwealth of Massachusetts.(Franck, Michael) (Entered: 12/18/2014)
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Request |
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| 566 |
Filed: 12/18/2014, Entered: None |
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NOTICE OF APPEARANCE by Matthew M Lyons on behalf of The Commonwealth of Massachusetts. (Lyons, Matthew) (Entered: 12/18/2014)
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Request |
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| 565 |
Filed: 12/17/2014, Entered: None |
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NOTICE OF APPEAL from (685 in 1:11-md-02293-DLC) Order, (684 in 1:11-md-02293-DLC) Order. Document filed by Dianne Young Erwin. Filing fee $ 505.00, receipt number 0208-10421257. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A - Attorney Fee Award, # 2 Exhibit B - Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) (Entered: 12/17/2014)
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Request |
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| 564 |
Filed: 11/21/2014, Entered: None |
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FINAL JUDGMENT.... (Signed by Judge Denise L. Cote on 11/21/2014) (gr) (Entered: 11/21/2014)
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Request |
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| 563 |
Filed: 11/19/2014, Entered: 11/19/2014 |
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LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated November 19, 2014 re: Corrected Proposed Final Judgment. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Corrected Proposed Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 11/19/2014)
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Request |
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| 562 |
Filed: 11/14/2014, Entered: None |
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DECLARATION of Shane Davis in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 11/14/2014)
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Request |
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| 561 |
Filed: 11/14/2014, Entered: None |
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DECLARATION of Thomas Friedman in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 11/14/2014)
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Request |
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| 560 |
Filed: 11/14/2014, Entered: None |
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DECLARATION of Anthony Petru in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 11/14/2014)
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Request |
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| 559 |
Filed: 11/14/2014, Entered: None |
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DECLARATION of Steve W. Berman in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement .. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 11/14/2014)
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Request |
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| 558 |
Filed: 11/14/2014, Entered: None |
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RESPONSE in Support of Motion re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement . Class Plaintiffs' Response to Objections to Proposed Apple Settlement. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 11/14/2014)
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Request |
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| 557 |
Filed: 11/14/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: (556 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement . Request for Final Approval. Document filed by The State of Texas. (Attachments: # 1 Exhibit Settlement Agreement w Apple, # 2 Exhibit Kinsella Declaration, # 3 Exhibit Rust Declaration, # 4 Exhibit Amazon Declaration, # 5 Exhibit Barnes and Noble Declaration, # 6 Exhibit Apple Declaration, # 7 Exhibit Kobo Declaration, # 8 Exhibit Sony Declaration, # 9 Exhibit Google Declaration, # 10 Exhibit Distribution Plan, # 11 Exhibit Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 11/14/2014)
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Request |
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| 556 |
Filed: 11/14/2014, Entered: None |
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MOTION for Settlement . Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 11/14/2014)
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Request |
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| 555 |
Filed: 11/12/2014, Entered: None |
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LETTER from Ritchie Lipson dated 10/31/2014 re: Objection to the Apple Settlement in State of Texas, et al., v. Penguin Group (USA) Inc., et al. Cas No. 12-cv-3394 and In re: Electronic Books Antitrust Litigation, Case No. 11-MD 2293. (gr) (Entered: 11/12/2014)
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Request |
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| 554 |
Filed: 10/31/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 10/31/2014 re: Erwin Objection to Proposed Settlement. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit Attachment A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 10/31/2014)
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Request |
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| 553 |
Filed: 10/31/2014, Entered: None |
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NOTICE of Objection to Class Settlement. Document filed by Dianne Young Erwin. (Attachments: # 1 Exhibit, # 2 Exhibit)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) (Entered: 10/31/2014)
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Request |
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| 552 |
Filed: 10/31/2014, Entered: None |
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NOTICE OF APPEARANCE by David Stein on behalf of Dianne Young Erwin. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stein, David) (Entered: 10/31/2014)
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Request |
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| 551 |
Filed: 10/21/2014, Entered: None |
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ORDER: On October 15, 2014, the External Compliance Monitor (Monitor) submitted its second report. The Monitor submitted both an unredacted version and a copy of the report with redactions proposed by Apple. On October 15, Apple was ordered to provide the redacted materials to the plaintiffs by October 17 or explain why such disclosure should not be made. On October 17, Apple consented to the disclosure of the redacted materials to the plaintiffs. Having reviewed the proposed redactions, it is hereby ORDERED that the Monitors October 15 report may be filed in the public record with the proposed redactions. (Signed by Judge Denise L. Cote on 10/21/2014) (gr) (Entered: 10/21/2014)
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| 550 |
Filed: 10/15/2014, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich re: Second Report of the External Compliance Monitor. ENDORSEMENT: Apple shall by October 17 consent to providing the redacted material, including exhibits, to the plaintiffs or explain in a letter to the Court, not filed on ECF, why such disclosure should not be made. (Signed by Judge Denise L. Cote on 10/15/2014) (gr) (Entered: 10/15/2014)
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Request |
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| 549 |
Filed: 10/15/2014, Entered: None |
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Second Report of the External Compliance Monitor (Redacted Version). Covering Activities for dates of early March 2014 through the end of August 2014. (gr) (Entered: 10/15/2014)
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Request |
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| 548 |
Filed: 10/3/2014, Entered: None |
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MANDATE of USCA (Certified Copy) as to (384 in 1:12-cv-03394-DLC-MHD, 498 in 1:11-md-02293-DLC) Notice of Appeal, filed by Bob Kohn USCA Case Number 13-4828. Plaintiffs-Appellees move to dismiss, for lack of standing, Objector-Appellants appeal from the district courts order denying his motion to intervene under Rule 24 of the Federal Rules of Civil Procedure and the settlement agreements entered on December 9, 2013. Upon due consideration,it is hereby ORDERED that the motion, construed as also requesting summary affirmance of the district courts order denying intervention, is GRANTED. Even assuming arguendo that Objector-Appellant has standing to appeal the denial of his motion to intervene, the district court did not abuse its discretion in denying intervention as Objector-Appellant did not satisfy the requirements ofFederal Rule of Civil Procedure 24. See H.L. Hayden Co. v. Siemens Med. Sys., Inc., 797 F.2d 85, 89 (2d Cir. 1986) (describing the intervention standards). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/3/2014. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(tp) (Entered: 10/03/2014)
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| 547 |
Filed: 9/30/2014, Entered: None |
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LETTER addressed to Clerk of Court from Caitlin Creevy Wootton dated 9/12/2014 re: Objection to the Apple Settlement in State of Texas, et al. v. Penguin Group (USA) Inc., et al. Case No. 12-cv-3394 and In re: Electronic Books Antitrust Litigation, Case No. 11-MD 2293.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(gr) (Entered: 09/30/2014)
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Request |
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| 546 |
Filed: 9/29/2014, Entered: None |
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LETTER addressed to Clerk of Court from Dan Kelly dated 9/10/2014 re: Objection to the Apple Settlement in State of Texas, et al. v. Penguin Group (USA) Inc., et al. Case No. 12-cv-3394 and In re: Electronic Books Antitrust Litigation, Case No. 11-MD 2293. (gr) (Entered: 09/29/2014)
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Request |
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| 545 |
Filed: 9/19/2014, Entered: None |
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MEMO ENDORSEMENT granting (658) Motion to Substitute Attorney. Attorney Gregory John Walklin terminated in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 9/18/2014) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD (gr) (Entered: 09/19/2014)
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Request |
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| 544 |
Filed: 9/12/2014, Entered: None |
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ORDER: Plaintiffs request, as set forth in their letter of September 12, 2014, is hereby granted. (Signed by Judge Denise Cote on 9/12/14) (jl) (Entered: 09/12/2014)
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| 543 |
Filed: 9/12/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Gary M. Becker dated September 12, 2014 re: Settlement Notice. Document filed by The State of Connecticut.(Becker, Gary) (Entered: 09/12/2014)
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| 542 |
Filed: 8/14/2014, Entered: None |
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MEMO ENDORSEMENT in case 1:11-cv-05576-DLC; granting (654) Motion to Withdraw as Attorney. Attorney Geralyn Jeanette Trujillo terminated in case 1:11-md-02293-DLC; granting (541) Motion to Withdraw as Attorney. Attorney Geralyn Jeanette Trujillo terminated in case 1:12-cv-03394-DLC-MHD. (Signed by Judge Denise L. Cote on 8/14/2014) Filed In Associated Cases: 1:11-md-02293-DLC et al. (gr) (Entered: 08/14/2014)
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Request |
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| 541 |
Filed: 8/13/2014, Entered: None |
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MOTION for Geralyn Jeanette Trujillo to Withdraw as Attorney . Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Trujillo, Geralyn) (Entered: 08/13/2014)
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Request |
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| 540 |
Filed: 8/1/2014, Entered: None |
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MEMORANDUM OPINION AND ORDER...For the reasons that follow, preliminary approval of the settlement is granted and the notice plan, as revised on July 30, is approved....IT IS FURTHER ORDERED that the Court will hold a final fairness hearing on November 21, 2014 at 2 p.m. in Courtroom 15B. (Signed by Judge Denise L. Cote on 8/1/2014) (gr) (Entered: 08/01/2014)
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| 539 |
Filed: 7/30/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Gail E. Lees dated 7/30/2014 re: Settlement Agreement. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1)(Lees, Gail) (Entered: 07/30/2014)
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Request |
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| 538 |
Filed: 7/30/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 07/30/2014 re: Terms of Settlement with Apple Inc.. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 07/30/2014)
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Request |
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| 537 |
Filed: 7/30/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated July 30, 2014 re: Settlement Notices. Document filed by The State of Texas. (Attachments: # 1 Exhibit Proposed Amended Direct Notice, # 2 Exhibit Proposed Amended Detailed Notice, # 3 Exhibit Proposed Amended Publication Notice, # 4 Exhibit Redlined Direct Notice, # 5 Exhibit Redline Detailed Notice, # 6 Exhibit Redline Publication Notice)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 07/30/2014)
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Request |
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| 536 |
Filed: 7/23/2014, Entered: None |
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JOINT MOTION for Settlement Submission Regarding Notice and Distribution Plans. Document filed by The State of Texas. (Attachments: # 1 Exhibit Proposed Notice Plan, # 2 Exhibit Proposed Distribution Plan)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 07/23/2014)
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| 535 |
Filed: 7/22/2014, Entered: None |
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NOTICE OF APPEARANCE by Gail Lees on behalf of Apple Inc.. (Lees, Gail) (Entered: 07/22/2014)
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Request |
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| 534 |
Filed: 7/18/2014, Entered: None |
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MEMO ENDORSEMENT granting (644) Motion to Withdraw as Attorney. Attorney Gabriel R. Gervey terminated in case 1:11-md-02293-DLC; granting (533) Motion to Withdraw as Attorney. Attorney Gabriel R. Gervey terminated in case 1:12-cv-03394-DLC-MHD. (Signed by Judge Denise L. Cote on 7/18/2014) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD (gr) (Entered: 07/18/2014)
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Request |
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| 533 |
Filed: 7/17/2014, Entered: None |
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MOTION for Gabriel Ross Gervey to Withdraw as Attorney . Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Gervey, Gabriel) (Entered: 07/17/2014)
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Request |
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| 532 |
Filed: 7/17/2014, Entered: None |
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ORDER: On July 16, 2014, plaintiffs moved for preliminary approval of a settlement with Apple (Proposed Settlement) in the above-captioned actions. Plaintiffs and Apple request that notice to consumers be deferred until final disposition of Apples appeal of the Courts liability decision. It is herebyORDERED that a telephone conference is scheduled for Thursday, July 24 at 3:00 p.m. Eastern Daylight Time, with counsel for Apple, the States, and the Class. Counsel shall be prepared to discuss their request for delayed notice. (See Order for rest of schedule.) (Signed by Judge Denise L. Cote on 7/17/2014) (gr) (Entered: 07/17/2014)
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Request |
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| 531 |
Filed: 7/16/2014, Entered: None |
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MEMORANDUM OF LAW in Support re: (530 in 1:12-cv-03394-DLC-MHD) MOTION for Settlement Motion for Preliminary Approval of Settlement with Apple Inc. . Document filed by The State of Texas. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Exhibit Declaration for Rust Consulting, # 3 Exhibit Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 07/16/2014)
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Request |
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| 530 |
Filed: 7/16/2014, Entered: None |
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MOTION for Settlement Motion for Preliminary Approval of Settlement with Apple Inc. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Fisher, Rebecca) (Entered: 07/16/2014)
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Request |
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| 529 |
Filed: 7/1/2014, Entered: None |
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ORDER granting 528 Motion for GAIL E. LEES to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 07/01/2014)
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Request |
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| 528 |
Filed: 6/26/2014, Entered: None |
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MOTION for GAIL E. LEES to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9829041. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple Inc.. (Attachments: # 1 Declaration of Lawrence J. Zweifach, # 2 Exhibit 1, # 3 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Zweifach, Lawrence) (Entered: 06/26/2014)
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Request |
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| 527 |
Filed: 6/16/2014, Entered: None |
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ORDER...1) The Court's Scheduling Order of June 3, 2014, as amended by the Scheduling Order of June 16, 2014, is VACATED and the parties are to suspend dissemination to eligible consumers of notice of litigation. 2) Plaintiffs shall, on or before July 16, 2014, file a motion for preliminary approval of the settlement, attaching a copy of the settlement agreement. 3) Apple's pending motions for reconsideration and to certify interlocutory appeal, and Class Plaintiffs' pending motion for summary judgment shall be held in abeyance and, upon the Court's approval of the parties' settlement in a final order, be deemed withdrawn. (Signed by Judge Denise L. Cote on 6/16/2014) (gr) (Entered: 06/16/2014)
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Request |
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| 526 |
Filed: 6/16/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 06/16/2014 re: Memorandum of Understanding. Document filed by Class Plaintiffs. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 06/16/2014)
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| 525 |
Filed: 6/16/2014, Entered: None |
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SCHEDULING ORDER....the opt-out period for eligible consumers shall end on August 4, 2014. All other dates set out in the June 3 Scheduling Order remain the same. IT IS FURTHER ORDERED that the plaintiffs may delay by four days their dissemination of notice to consumers. (Signed by Judge Denise L. Cote on 6/16/2014) (gr) (Entered: 06/16/2014)
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Request |
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| 524 |
Filed: 6/5/2014, Entered: None |
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OPINION & ORDER....Apple is liable for the state civil penalties identified in the States' twenty-six civil penalties claims. Any civil penalties will be assessed, after the damages trial, in addition to any treble damages imposed under the Clayton Act. (An Appendix follows page 29 of the Opinion & Order). (Signed by Judge Denise L. Cote on 6/5/2014) (gr) (Entered: 06/05/2014)
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Request |
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| 523 |
Filed: 6/3/2014, Entered: None |
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SCHEDULING ORDER:....ORDERED that plaintiffs shall disseminate notice of litigation to consumers as expeditiously as possible. IT IS FURTHER ORDERED that the parties shall exchange witness lists, exhibit lists, deposition designations, and stipulations on June 24, 2014. The parties shall consult with each other about whether the parties should exchange two sets of these documents, one that assumes class plaintiffs motion for summary judgment is denied and a second that assumes it is granted except as to the amount of damages. IT IS FURTHER ORDERED that the opt-out period for eligible consumers shall end on July 31. IT IS FURTHER ORDERED that the Joint Pretrial Order shall be filed by August 1. IT IS FURTHER ORDERED that the final pretrial conference shall be held on August 20, 2014 at 10 a.m. in Courtroom 15B. IT IS FURTHER ORDERED that the trial will begin at 9:30 a.m. on August 25, 2014. (See Scheduling Order for Judge Cote's procedures). (Signed by Judge Denise L. Cote on 6/3/2014) (gr) (Entered: 06/03/2014)
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Request |
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| 522 |
Filed: 6/2/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated June 2, 2014 re: Modifications to Scheduling Order. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Swanson, Daniel) (Entered: 06/02/2014)
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Request |
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| 521 |
Filed: 6/2/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Eric Lipman dated June 2, 2014 re: Scheduling Proposal. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) (Entered: 06/02/2014)
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Request |
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| 520 |
Filed: 5/29/2014, Entered: None |
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ORDER: On May 29, the Court of Appeals for the Second Circuit denied defendant Apple Inc.s motion to stay proceedings in the above-captioned actions and lifted the temporary stay entered on April 25. Accordingly, it is herebyORDERED that the parties shall meet and confer regarding the schedule going forward and, by June 2, confirm that the current schedule should remain in place or propose any revised schedule to the Court. Any proposed schedule should include each of the deadlines set in the April 14 Scheduling Order. If the parties cannot reach agreement, they shall raise any disputes with the Court by June 2. (Signed by Judge Denise L. Cote on 5/29/2014) (gr) (Entered: 05/29/2014)
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Request |
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| 519 |
Filed: 5/12/2014, Entered: None |
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ORDER of USCA (Certified Copy) as to 407 Notice of Interlocutory Appeal, filed by Apple Inc. USCA Case Number 14-61. Appellant's motion to supplement the record is DENIED. The materials submitted are neither part of the district court record nor properly subject to judicial notice. Nor are the records in question relevant to the issues on appeal. If appellant believes that factual circumstances occurring since the district court order under review present materially changed circumstances warranting relief from the district court's original order, appellant's proper remedy is to move in the district court for a modification of the monitorship order. Accordingly, it is hereby ORDERED that the motion to supplement the record is DENIED. It is further ORDERED that appellant shall file a revised brief, without reference to extra-record material, on or before May 15, 2014, and that appellees' briefs shall be due 91 days after appellant's brief is filed. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 5/12/2014. Certified: 5/12/2014. (nd) (Entered: 05/12/2014)
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Request |
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| 518 |
Filed: 5/6/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 507 MOTION DEFENDANT APPLE INC.'S NOTICE OF MOTION TO CERTIFY INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) re: 500 Memorandum & Opinion,. . Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 05/06/2014)
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Request |
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| 517 |
Filed: 5/6/2014, Entered: None |
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ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned actions for FRIDAY, MAY 9, 2014, at 2:30 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Status Conference set for 5/9/2014 at 02:30 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 5/5/2014) Copies Faxed By Chambers. (mro) (Entered: 05/06/2014)
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Request |
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| 516 |
Filed: 5/2/2014, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: (606 in 1:11-md-02293-DLC, 488 in 1:12-cv-03394-DLC-MHD) MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. . Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 05/02/2014)
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Request |
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| 515 |
Filed: 5/2/2014, Entered: None |
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MEMORANDUM OF LAW in Opposition re: (507 in 1:12-cv-03394-DLC-MHD) MOTION DEFENDANT APPLE INC.'S NOTICE OF MOTION TO CERTIFY INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) re: (500) Memorandum & Opinion,. . Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Stavast-Piper, Kayna) (Entered: 05/02/2014)
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| 514 |
Filed: 4/28/2014, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 04/28/2014 re: Status. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 04/28/2014)
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Request |
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| 513 |
Filed: 4/25/2014, Entered: None |
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ORDER of USCA (Certified Copy) as to (384 in 1:12-cv-03394-DLC-MHD, 498 in 1:11-md-02293-DLC) Notice of Appeal, filed by Bob Kohn USCA Case Number 13-03741(L). Apple Inc. has filed an emergency motion seeking a stay of class notification and a stay of the damages trial that is scheduled to commence in July 2014, pending appeal. Apple also requests an administrative stay of the class notification (scheduled to commence on April 28, 2014) while the Court determines the request for a stay pending appeal. IT IS ORDERED that the request for a stay of class notification and for a stay of the damages trial, pending appeal, is hereby REFERRED to a three-judge panel. IT IS FURTHER ORDERED that the request for an administrative stay of the class notification (scheduled to commence on April 28, 2014) is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/25/2014. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(nd) (Entered: 04/28/2014)
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Request |
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| 512 |
Filed: 4/25/2014, Entered: None |
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|
JOINT MEMORANDUM OF LAW in Opposition re: (488 in 1:12-cv-03394-DLC-MHD) MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 04/25/2014)
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Request |
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| 511 |
Filed: 4/24/2014, Entered: None |
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|
OPINION & ORDER. For the reasons stated in the Opinion & Order, Apples April 4 motion for stay pending appeal, and its request for an administrative stay pending decision on that motion, were denied by Order of April 23. (Signed by Judge Denise L. Cote on 4/24/2014) (gr) (Entered: 04/24/2014)
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| 510 |
Filed: 4/24/2014, Entered: None |
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|
OPINION & ORDER. For the reasons set forth in the Opinion & Order, Apple's February 21, 2014 motion for suggestion of remand to the JPML is denied. (Signed by Judge Denise L. Cote on 4/24/2014) (gr) (Entered: 04/24/2014)
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Request |
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| 509 |
Filed: 4/24/2014, Entered: None |
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|
ORDER...Any opposition to Apple's motion to certify an interlocutory appeal of this Court's Order of April 15, 2014 shall be due 5/2/2014. Any reply is due 5/6/2014. (Signed by Judge Denise L. Cote on 4/23/2014) (gr) (Entered: 04/24/2014)
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Request |
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| 508 |
Filed: 4/23/2014, Entered: None |
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|
MEMORANDUM OF LAW in Support re: 507 MOTION DEFENDANT APPLE INC.'S NOTICE OF MOTION TO CERTIFY INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) re: 500 Memorandum & Opinion,.. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 04/23/2014)
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Request |
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| 507 |
Filed: 4/23/2014, Entered: None |
|
|
MOTION DEFENDANT APPLE INC.'S NOTICE OF MOTION TO CERTIFY INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) re: 500 Memorandum & Opinion,. Document filed by Apple Inc..(Boutrous, Theodore) (Entered: 04/23/2014)
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Request |
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| 506 |
Filed: 4/23/2014, Entered: None |
|
|
NOTICE of DEFENDANT APPLE INC.'S NOTICE OF MOTION TO CERTIFY INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. § 1292(b) re: 500 Memorandum & Opinion,. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 04/23/2014)
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Request |
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| 505 |
Filed: 4/23/2014, Entered: None |
|
|
ORDER...For reasons set out in an Opinion to follow, the Court denies Apple's motion for stay pending appeal and denies Apple's request for an administrative stay. (Signed by Judge Denise L. Cote on 4/23/2014) (gr) (Entered: 04/23/2014)
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Request |
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| 504 |
Filed: 4/23/2014, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Eric Lipman dated April 23, 2014 re: Administrative Stay. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) (Entered: 04/23/2014)
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Request |
|
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| 503 |
Filed: 4/22/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 04/22/2014 re: Administrative Stay. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 04/22/2014)
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Request |
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| 502 |
Filed: 4/22/2014, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated April 22, 2014 re: administrative stay. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 04/22/2014)
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Request |
|
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| 501 |
Filed: 4/15/2014, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: (602 in 1:11-md-02293-DLC, 484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 04/15/2014)
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Request |
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| 500 |
Filed: 4/15/2014, Entered: None |
|
|
OPINION & ORDER 104216. Apple's November 15, 2013 motion to dismiss the States' Action for lack of standing, or to compel the States to seek class certification, is denied. (Signed by Judge Denise L. Cote on 4/15/2014) (gr) Modified on 4/17/2014 (nt). (Entered: 04/15/2014)
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Request |
|
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| 499 |
Filed: 4/14/2014, Entered: None |
|
|
SCHEDULING ORDER: ORDERED that the parties shall exchange witness lists, exhibit lists, deposition designations, and stipulations on June 6, 2014. IT IS FURTHER ORDERED that the Joint Pretrial Order shall be filed by June 20. As described in greater detail in this Courts Individual Practices in Civil Cases, the following documents must be filed with the Pretrial Order: motions addressing any evidentiary issues or other matters which should be resolved in limine, a pretrial memorandum of law addressing all questions of law expected to arise at trial, requests to charge, and proposed voir dire questions. Any responsive papers are due on June 27. Any replies shall be no longer than five pages and are to be filed by July 1. IT IS FURTHER ORDERED that the final pretrial conference shall be held on July 9, 2014 at 2 p.m. in Courtroom 15B.IT IS HEREBY ORDERED that the trial will begin at 9:30 a.m. on July 14, 2014.(See Order for Judge Cote's jury trial procedures.) (Signed by Judge Denise L. Cote on 4/14/2014) (gr) (Entered: 04/14/2014)
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Request |
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| 498 |
Filed: 4/14/2014, Entered: None |
|
|
REPORT OF THE EXTERNAL COMPLIANCE MONITOR. Covering Activities for the dates of October 16, 2013 through April 14, 2014. (gr) (Entered: 04/14/2014)
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Request |
|
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| 497 |
Filed: 4/14/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 4/14/2014 re: Apple has represented to us this morning that it is seeking no redactions in the report we submitted to chambers earlier this morning. In light of this Court's April 14, 2014 Order, Apple's representation, and the fact that I am not a party to this matter, I respectfully request that the Court place the report filed with chambers this morning on the public docket. The Parties in this matter are copies on this letter. (gr) (Entered: 04/14/2014)
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Request |
|
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| 496 |
Filed: 4/14/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 4/14/2014 re: Pursuant to Section VI.C of the September 5, 2013 Final Judgment and Order Entering Permanent Injunction in the above-captioned matter, I am both electronically transmitting and hand-delivering our first report. The Parties in this matter are copied on this letter and receiving the report electronically today. (gr) (Entered: 04/14/2014)
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Request |
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| 495 |
Filed: 4/14/2014, Entered: None |
|
|
ORDER. Plaintiffs shall serve any opposition to defendant's April 11 motion by April 25, 2014. Defendant shall serve any reply by May 2, 2014... (Signed by Judge Denise L. Cote on 4/14/2014) (gr) (Entered: 04/14/2014)
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Request |
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| 494 |
Filed: 4/14/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated April 14, 2014 re: Pre-Trial Scheduling. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Swanson, Daniel) (Entered: 04/14/2014)
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Request |
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| 493 |
Filed: 4/14/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 4/11/2014 re: Pursuant to the Court's instructions, the parties have conferred regarding whether the External Compliance Monitor's report should be made public and present their respective positions.... ENDORSEMENT: The Monitor shall publicly file the report in redacted form and provide the unredacted report to the Court with a copy indicating the material redacted at Apple's request. If the Court determines that addiitonal passages in the report should be made public, the parties will have an opportunity to be heard first. (Signed by Judge Denise L. Cote on 4/14/2014) (gr) (Entered: 04/14/2014)
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Request |
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|
 492 |
Filed: 4/14/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Michael R. Bromwich dated 4/11/2014 re: Pursuant to Section VI,C of the September 5, 2013 Final Judgment and Order Entering Permanent Injunction in the above-captioned matter, I have prepared a report to be filed with the Court on Monday, April 14, 2014. This letter seeks guidance with respect to the method of filing the report. Please advise if the report should be filed under seal or in some other fashion. The Parties in this matter are copied on this letter. (gr) (Entered: 04/14/2014)
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| 491 |
Filed: 4/11/2014, Entered: None |
|
|
RESPONSE in Opposition to Motion re: (484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) (Entered: 04/11/2014)
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|
Request |
|
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| 490 |
Filed: 4/11/2014, Entered: None |
|
|
RESPONSE in Opposition to Motion re: (484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 04/11/2014)
|
|
Request |
|
|
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| 489 |
Filed: 4/11/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (606 in 1:11-md-02293-DLC, 488 in 1:12-cv-03394-DLC-MHD) MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 04/11/2014)
|
|
Request |
|
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| 488 |
Filed: 4/11/2014, Entered: None |
|
|
MOTION for Reconsideration re; (471 in 1:12-cv-03394-DLC-MHD, 585 in 1:11-md-02293-DLC) Memorandum & Opinion, (586 in 1:11-md-02293-DLC, 472 in 1:12-cv-03394-DLC-MHD) Memorandum & Opinion,. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 04/11/2014)
|
|
Request |
|
|
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| 487 |
Filed: 4/11/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Eric Lipman, Assistant Attorney General Antitrust Section dated 4/11/2014 re: Letter on behalf of the Plaintiff states and Class Plaintiffs to propose a schedule for pretrial filings in advance of the upcoming July 14 damages trial.... ENDORSEMENT: Any submission by Apple on these scheduling issues is due April 14 by noon E.S.T. (Signed by Judge Denise L. Cote on 4/11/2014) (gr) (Entered: 04/11/2014)
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|
Request |
|
|
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| 486 |
Filed: 4/11/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Eric Lipman dated April 11, 2014 re: Pretrial Filing Schedule. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) (Entered: 04/11/2014)
|
|
Request |
|
|
|
| 485 |
Filed: 4/4/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (602 in 1:11-md-02293-DLC, 484 in 1:12-cv-03394-DLC-MHD) MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 04/04/2014)
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|
|
|
|
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| 484 |
Filed: 4/4/2014, Entered: None |
|
|
MOTION to Stay / NOTICE OF MOTION TO STAY PENDING APPEAL. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 04/04/2014)
|
|
Request |
|
|
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| 483 |
Filed: 4/4/2014, Entered: None |
|
|
NOTICE OF CHANGE OF ADDRESS by Daniel F. McInnis on behalf of Penguin Group (USA) Inc.. New Address: Thompson Hine LLP, 1919 M Street NW, Washington DC, USA 200036, 202.331.8800. (McInnis, Daniel) (Entered: 04/04/2014)
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|
Request |
|
|
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| 482 |
Filed: 4/2/2014, Entered: None |
|
|
ORDER GRANTING PLAINTIFFS' MOTION FOR APPROVAL OF PLAN FOR CLASS NOTICE. (Signed by Judge Denise L. Cote on 4/2/22014) (gr) (Entered: 04/02/2014)
|
|
Request |
|
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|
| 481 |
Filed: 4/1/2014, Entered: None |
|
|
ORDER that the form of notice is approved as set forth in this Order. (Signed by Judge Denise L. Cote on 04/01/2014) (jl) (Entered: 04/01/2014)
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|
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| 480 |
Filed: 4/1/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated April 1, 2014 re: Class Notice. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Swanson, Daniel) (Entered: 04/01/2014)
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Request |
|
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|
| Save 25% on a pre-paid one year subscription. |
|
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| 479 |
Filed: 4/1/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 04/01/2014 re: Submission of Revised Draft Notice Forms. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 04/01/2014)
|
|
Request |
|
|
|
| 478 |
Filed: 3/31/2014, Entered: None |
|
|
SCHEDULING ORDER:...[A]ny motion to stay shall be filed by 4/4/2014. Plaintiffs shall serve their opposition, if any, by 4/11/2014. Apple shall serve its reply by 4/15/2014.... (Signed by Judge Denise L. Cote on 3/31/2014) (gr) (Entered: 03/31/2014)
|
|
Request |
|
|
|
| 477 |
Filed: 3/28/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated March 28, 2014 re: Class Notice. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 476 |
Filed: 3/28/2014, Entered: None |
|
|
DECLARATION of Katherine Kinsella in Support re: (474 in 1:12-cv-03394-DLC-MHD) MOTION to Approve Plan for Notice.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 475 |
Filed: 3/28/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (474 in 1:12-cv-03394-DLC-MHD) MOTION to Approve Plan for Notice.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 474 |
Filed: 3/28/2014, Entered: None |
|
|
MOTION to Approve Plan for Notice. Document filed by Class Plaintiffs. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 473 |
Filed: 3/28/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 03/28/2014 re: Proposed Notice Forms. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 472 |
Filed: 3/28/2014, Entered: None |
|
|
OPINION AND ORDER ("Redacted"): Plaintiffs December 18, 2013 motions to exclude Kalts opinions are granted. The States December 18 motion to exclude certain of Orszags opinions is granted, and the class plaintiffs December 18 motion to exclude Orszags opinions is granted in part. (Signed by Judge Denise L. Cote on 3/28/2014) (gr) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 471 |
Filed: 3/28/2014, Entered: None |
|
|
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)
|
|
Request |
|
|
|
| 470 |
Filed: 3/28/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated March 28, 2014 re: Proposed Trial Date and Notice Period. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 469 |
Filed: 3/28/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 03/28/2014 re: Proposed Trial Dates and Notice Period. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/28/2014)
|
|
Request |
|
|
|
| 468 |
Filed: 3/19/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 03/19/2014 re: Trial Schedule and Pretrial Filings. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/19/2014)
|
|
Request |
|
|
|
| 467 |
Filed: 3/14/2014, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: (549 in 1:11-md-02293-DLC, 449 in 1:12-cv-03394-DLC-MHD) MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 03/14/2014)
|
|
Request |
|
|
|
| 466 |
Filed: 3/14/2014, Entered: None |
|
|
SEALED DOCUMENT placed in vault.(nm) (Entered: 03/14/2014)
|
|
|
|
|
|
| 465 |
Filed: 3/11/2014, Entered: None |
|
|
DECLARATION of Jeffrey B. Dubner in Support re: (379 in 1:12-cv-03394-DLC-MHD, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt., (489 in 1:11-md-02293-DLC, 378 in 1:12-cv-03394-DLC-MHD) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag.. Document filed by Class Plaintiffs. (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 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/11/2014)
|
|
Request |
|
|
|
| 464 |
Filed: 3/11/2014, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: (379 in 1:12-cv-03394-DLC-MHD, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/11/2014)
|
|
Request |
|
|
|
| 463 |
Filed: 3/11/2014, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: (378 in 1:12-cv-03394-DLC-MHD) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag. [Redacted]. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/11/2014)
|
|
Request |
|
|
|
| 462 |
Filed: 3/11/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/25/2014 re: Identification by Class Plaintiffs of documents for filing under seal. ENDORSEMENT: The redactions are approved. (Signed by Judge Denise L. Cote on 2/26/2014) (gr) (Entered: 03/11/2014)
|
|
Request |
|
|
|
| 461 |
Filed: 3/7/2014, Entered: None |
|
|
DECLARATION of Steve W. Berman in Opposition re: (449 in 1:12-cv-03394-DLC-MHD) MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/07/2014)
|
|
Request |
|
|
|
| 460 |
Filed: 3/7/2014, Entered: None |
|
|
RESPONSE in Opposition to Motion re: (449 in 1:12-cv-03394-DLC-MHD) MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 03/07/2014)
|
|
Request |
|
|
|
| 459 |
Filed: 3/7/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: 449 MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION.. Document filed by The State of Connecticut. (Attachments: # 1 Exhibit Exhibits 1-3)(Becker, Gary) (Entered: 03/07/2014)
|
|
Request |
|
|
|
| 458 |
Filed: 3/7/2014, Entered: None |
|
|
BRIEF re: (505 in 1:11-md-02293-DLC, 399 in 1:12-cv-03394-DLC-MHD) Brief Reply Brief on Civil Penalties. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Lipman, Eric) (Entered: 03/07/2014)
|
|
|
|
|
|
| 457 |
Filed: 2/28/2014, Entered: None |
|
|
ORDER. It is hereby ORDERED that the conference previously scheduled for March 3, 2014 has been rescheduled in the above-captioned actions for WEDNESDAY, MARCH 5, 2014, at 3:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312, and as further set forth. (Conference set for 3/5/2014 at 03:00 PM in Courtroom 17D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 2/28/2014) Copies Faxed By Chambers. (rjm) (Entered: 03/03/2014)
|
|
Request |
|
|
|
| 456 |
Filed: 2/28/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/24/2014 re: Class Plaintiffs respectfully resubmit the Declaration of Steve W. Berman and accompanying exhibits in Support of Class Plaintiffs' Motion for Summary Judgment and Statement of Undisputed Facts for filing under seal. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/26/2014) (gr) (Entered: 02/28/2014)
|
|
|
|
|
|
| 455 |
Filed: 2/24/2014, Entered: None |
|
|
REPLY AFFIDAVIT of Roger G. Noll in Support re: (422 in 1:11-md-02293-DLC) MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 02/24/2014)
|
|
Request |
|
|
|
| 454 |
Filed: 2/24/2014, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: (422 in 1:11-md-02293-DLC) MOTION to Certify Class Class Plaintiffs' Notice of Motion for Class Certification and Appointment of Counsel.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Berman, Steve) (Entered: 02/24/2014)
|
|
Request |
|
|
|
| 453 |
Filed: 2/24/2014, Entered: None |
|
|
ORDER. By letter of 2/18/2014, plaintiffs in the In re: Electronic Books Antitrust Litigation, 11 MD 2293, submitted four documents with revised redaction requests. ORDERED that plaintiffs requests for redactions are granted, with two exceptions. Plaintiffs request for redaction on page 11 of their Memorandum of Law in Support of Class Plaintiffs Motion to Exclude Opinions Offered by Dr. Joseph Kalt is denied. Likewise, plaintiffs requests for redaction on page 18 of their Memorandum of Law in Support of Class Plaintiffs Motion to Exclude the Expert Opinions Offered by Apples Expert Jonathan Orszag are denied. IT IS FURTHER ORDERED that plaintiffs shall publicly file these four documents, with the approved redactions, forthwith, and file unredacted pages of these documents under seal. (Signed by Judge Denise L. Cote on 2/24/2014) (gr) (Entered: 02/24/2014)
|
|
Request |
|
|
|
| 452 |
Filed: 2/24/2014, Entered: None |
|
|
NOTICE OF APPEARANCE by Lawrence Jay Zweifach on behalf of Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Zweifach, Lawrence) (Entered: 02/24/2014)
|
|
Request |
|
|
|
| 451 |
Filed: 2/24/2014, Entered: None |
|
|
SCHEDULING ORDER: Any opposition to Apple's "Suggestion of Remand to the Judicial Panel for Multidistrict Litigation" is due by 3/7/2014. Any reply is due by 3/14/2014. At the time any reply is served the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the U.S. District Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/24/2014) (gr) (Entered: 02/24/2014)
|
|
Request |
|
|
|
| 450 |
Filed: 2/21/2014, Entered: None |
|
|
ORDER: that a conference has been scheduled for 3/3/2014 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 2/21/2014) ***Filed in 12cv2826 and 12cv3394. Copies Faxed By Chambers. (tn) (Entered: 02/21/2014)
|
|
Request |
|
|
|
| 449 |
Filed: 2/21/2014, Entered: None |
|
|
MOTION to Remand / APPLE INC.'S MOTION FOR SUGGESTION OF REMAND TO THE JUDICIAL PANEL FOR MULTIDISTRICT LITIGATION. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC-MHD(Boutrous, Theodore) (Entered: 02/21/2014)
|
|
|
|
|
|
| 448 |
Filed: 2/20/2014, Entered: None |
|
|
ORDER that Apple shall follow the procedures outlined in the February 19 Order in making its document production, including the dispute resolution procedures. (Signed by Judge Denise L. Cote on 2/20/2014) (pg) (Entered: 02/20/2014)
|
|
Request |
|
|
|
| 447 |
Filed: 2/20/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated February 20, 2014 re: monitorship issues. Document filed by Apple Inc.. (Attachments: # 1 Enclosure)(Boutrous, Theodore) (Entered: 02/20/2014)
|
|
Request |
|
|
|
| 446 |
Filed: 2/19/2014, Entered: None |
|
|
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Monitorship issues. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Denise L. Cote on 2/19/2014) (lmb) (Entered: 02/19/2014)
|
|
Request |
|
|
|
| 445 |
Filed: 2/19/2014, Entered: None |
|
|
ORDER:On February 10, 2014, the Court of Appeals for the Second Circuit denied Apples appeal from this Courts rejection of its motion to stay the monitorship. By letter of February 18, the Monitor advises the Court that he wrote to Apple on February 11 on various topics, and that Apples counsel has proposed a meeting during the week of March 3. The Monitor asks that the Court schedule periodic status conferences. It is hereby ORDERED that Apple shall provide to the Monitor on a rolling basis, with final production being made no later than February 26, the documents the Monitor has requested, including those the Monitor requested in October, as well as any additional documents that Apple wishes the Monitor to review. With respect to any documents which the Monitor requested for the first time on February 11, should Apple believe that any of those documents should not be provided to him, it shall promptly discuss the issue with him, and if they are unable to resolve the issue, the Monitor and Apple shall discuss the issue with the DOJ. If those discussions are not successful in resolving the dispute, the parties and/or Monitor should promptly submit the issue to the Court in a letter no longer than two pages. Every effort should be made to provide the Monitor with all documents well in advance of his meeting with Apple, which is scheduled to occur during the week of March 3. IT IS FURTHER ORDERED that the request for periodic status conferences is denied at this time. The Monitor or the parties may renew this request. IT IS FURTHER ORDERED that this matter is referred to Magistrate Judge Dolinger to resolve any disputes that arise in connection with the monitorship, subject to appeal to this Court. IT IS FURTHER ORDERED that the parties and the Monitor shall promptly contact Magistrate Judge Dolinger to schedule a conference before him to take place during the week of either March 3 or March 10. Should the parties resolve all disputes and have no need for his services, they may cancel the conference. IT IS FURTHER ORDERED that, in the event the parties or the Monitor wish to appeal from any ruling by Magistrate Judge Dolinger, any one of them shall promptly submit to this Court a letter no longer than two pages notifying the Court of the dispute. The Court shall promptly arrange a conference at which all parties and the Monitor will be given an opportunity to be heard, or if appropriate, shall promptly rule on the dispute through the issuance of an Order. (Signed by Judge Denise L. Cote on 2/19/2014) (gr) (Entered: 02/19/2014)
|
|
Request |
|
|
|
| 444 |
Filed: 2/19/2014, Entered: None |
|
|
LETTER dated February 18, 2014 addressed to Judge Denise L. Cote from Michael R. Bromwich.(gr) (Entered: 02/19/2014)
|
|
Request |
|
|
|
| 443 |
Filed: 2/14/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 1/31/2014 re: Letter requesting that the Declaration of Steve W. Berman and accompanying exhibits in Support of Class Plaintiffs' Motion for Summary Judgment and Statement of Undisputed Facts be filed under seal. ENDORSEMENT: Approved. The parties shall meet and confer promptly. (Signed by Judge Denise L. Cote on 2/14/2014) (gr) (Entered: 02/14/2014)
|
|
|
|
|
|
| 442 |
Filed: 2/13/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/12/2014 re: Class Plaintiffs request for a one day extension to 2/18/2014 to resubmit proposed redactions to (1) Reply in Support of Class Certification; (2) Reply Report of Roger Noll; (3) Motion to Exclude Expert Opinions of Joseph Kalt; (4) Motion to Exclude Expert Opinions of Jonathan Orszag; and (5) Opposition to Apple's Motion to Exclude Expert Opinions of Roger Noll. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/13/2014) (gr) (Entered: 02/13/2014)
|
|
|
|
|
|
| 441 |
Filed: 2/12/2014, Entered: None |
|
|
DECLARATION of Robert L. Hubbard in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag.. Document filed by The State of New York. (Attachments: # 1 Exhibits to Declaration of Robert L. Hubbard (Public Version))Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) (Entered: 02/12/2014)
|
|
Request |
|
|
|
| 440 |
Filed: 2/12/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag. (Public Version). Document filed by The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) (Entered: 02/12/2014)
|
|
Request |
|
|
|
| 439 |
Filed: 2/12/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 02/12/2014 re: Revised Proposed Redactions to Class Certification Briefs. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 02/12/2014)
|
|
Request |
|
|
|
| 438 |
Filed: 2/11/2014, Entered: None |
|
|
DECLARATION of CYNTHIA E. RICHMAN in Support re: (539 in 1:11-md-02293-DLC, 435 in 1:12-cv-03394-DLC) Memorandum of Law in Opposition to Motion, (436 in 1:12-cv-03394-DLC, 540 in 1:11-md-02293-DLC) Memorandum of Law in Opposition to Motion,, (537 in 1:11-md-02293-DLC) Reply Memorandum of Law in Oppisition to Motion, (514 in 1:11-md-02293-DLC) Reply Memorandum of Law in Support of Motion, (437 in 1:12-cv-03394-DLC, 541 in 1:11-md-02293-DLC) Declaration in Opposition to Motion, (434 in 1:12-cv-03394-DLC, 538 in 1:11-md-02293-DLC) Declaration in Opposition to Motion,. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 437 |
Filed: 2/11/2014, Entered: None |
|
|
DECLARATION of JONATHAN ORSZAG in Opposition re: (380 in 1:12-cv-03394-DLC, 491 in 1:11-md-02293-DLC) MOTION to Preclude Testimony of Jonathan Orszag., (489 in 1:11-md-02293-DLC, 378 in 1:12-cv-03394-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag.. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 436 |
Filed: 2/11/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: (380 in 1:12-cv-03394-DLC, 491 in 1:11-md-02293-DLC) MOTION to Preclude Testimony of Jonathan Orszag., (489 in 1:11-md-02293-DLC, 378 in 1:12-cv-03394-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag. DEFENDANT APPLE INC.'S CONSOLIDATED MEMORANDUM OF LAW IN OPPOSITION TO CLASS PLAINTIFFS' AND PLAINTIFF STATES' MOTIONS TO EXCLUDE EXPERT OPINIONS OFFERED BY JONATHAN ORSZAG. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 435 |
Filed: 2/11/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Opposition re: (379 in 1:12-cv-03394-DLC, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. / DEFENDANT APPLE INC.'S MEMORANDUM OF LAW IN OPPOSITION TO CLASS PLAINTIFFS' MOTION TO EXCLUDE EXPERT OPINIONS OFFERED BY DR. JOSEPH KALT. Document filed by Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 434 |
Filed: 2/11/2014, Entered: None |
|
|
DECLARATION of JOSEPH P. KALT, Ph.D. in Opposition re: (379 in 1:12-cv-03394-DLC, 490 in 1:11-md-02293-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 433 |
Filed: 2/10/2014, Entered: None |
|
|
ORDER of USCA (Certified Copy) as to 407 Notice of Interlocutory Appeal, filed by Apple Inc. USCA Case Number 14-61. Upon due consideration, it is hereby ORDERED that the motion is DENIED because, on the above understanding of the order and judgment, Appellant Apple had not demonstrated that it is entitled to a stay pending appeal. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/10/2014. (nd) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 432 |
Filed: 2/10/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Geralyn J. Trujillo, Assistant Attorney General/Acting Deputy Bureau Chief Antitrust Bureau dated 2/7/2014 re: Request to File Documents Under Seal as described in the letter. ENDORSEMENT: The application is granted. (Signed by Judge Denise L. Cote on 2/10/2014) (gr) (Entered: 02/10/2014)
|
|
Request |
|
|
|
| 431 |
Filed: 2/10/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 2/7/2014 re: Updated Request to FIle Documents Under Seal. ENDORSEMENT: The application to redact exhibits or portions of exhibits are approved. Many of the redactions from the memoranda are overbroad. Permission to redact specific numbers and information regarding Amazon's profits or losses on its sales of books or e-readers is granted. The parties may not redact the more narrative material around those items. Proposed redactions to the memoranda shall be submitted to the Court by 2/17/2014. (Signed by Judge Denise L. Cote on 2/10/2014) (gr) Modified on 2/10/2014 (gr). (Entered: 02/10/2014)
|
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Request |
|
|
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| 430 |
Filed: 2/10/2014, Entered: None |
|
|
BRIEF / APPLE INC.'S BRIEF REGARDING STATE CIVIL PENALTIES. Document filed by Apple Inc..(Boutrous, Theodore) (Entered: 02/10/2014)
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| 429 |
Filed: 2/7/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Geralyn J. Trujillo dated February 7, 2014 re: Request to File Documents Under Seal. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) (Entered: 02/07/2014)
|
|
Request |
|
|
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| 428 |
Filed: 2/6/2014, Entered: None |
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|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 2/4/2014 re: Class Plaintiffs' letter regarding certain documents to be filed under seal. ENDORSEMENT: The parties shall meet promptly to identify proposed redactions. (Signed by Judge Denise L. Cote on 2/5/2014) (gr) (Entered: 02/06/2014)
|
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| 427 |
Filed: 2/4/2014, Entered: None |
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|
CERTIFICATE OF SERVICE of Reply Mem. of Laws re Mots. to Exclude Expert Ops. of Messrs. Orszag and Kalt; Declaration in Further Support and Exs. A-S served on Defendant Apple Inc.'s Counsel on 02/04/2014. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 02/04/2014)
|
|
Request |
|
|
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| 426 |
Filed: 2/4/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 02/04/2014 re: Letter requesting to file documents under seal. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 02/04/2014)
|
|
Request |
|
|
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| 425 |
Filed: 2/4/2014, Entered: None |
|
|
RESPONSE in Support of Motion re: (379 in 1:12-cv-03394-DLC) MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. Plaintiff States' Response to Class Reply Memorandum. Document filed by The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) (Entered: 02/04/2014)
|
|
Request |
|
|
|
| 424 |
Filed: 2/3/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (422 in 1:12-cv-03394-DLC) MOTION for Summary Judgment.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 02/03/2014)
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|
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| 423 |
Filed: 2/3/2014, Entered: None |
|
|
RULE 56.1 STATEMENT. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 02/03/2014)
|
|
Request |
|
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| 422 |
Filed: 2/3/2014, Entered: None |
|
|
MOTION for Summary Judgment. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 02/03/2014)
|
|
Request |
|
|
|
| 421 |
Filed: 2/3/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 1/31/2014 re: Letter from the Class and State Plaintiffs seeking permission to file a single one joint brief, no longer than twenty pages, instead of two, ten-page briefs. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/31/2014) (gr) (Entered: 02/03/2014)
|
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Request |
|
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| 420 |
Filed: 1/31/2014, Entered: None |
|
|
CERTIFICATE OF SERVICE of Declaration of Steve W. Berman in Support of Class Plaintiffs' Motion for Summary Judgment and Statement of Undisputed Facts and accompanying exhibits served on Counsel for Apple Inc. on 01/31/2014. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 01/31/2014)
|
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Request |
|
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|
 419 |
Filed: 1/31/2014, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: (418 in 1:12-cv-03394-DLC) MOTION for Summary Judgment.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) Modified on 2/3/2014 (ldi). (Entered: 01/31/2014)
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| 418 |
Filed: 1/31/2014, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Summary Judgment. Document filed by Class Plaintiffs. (Attachments: # 1 Class Plaintiffs' Statement of Undisputed Facts)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) Modified on 2/3/2014 (ldi). (Entered: 01/31/2014)
|
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Request |
|
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| 417 |
Filed: 1/31/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/31/2014 re: Request to File Under Seal. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 01/31/2014)
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|
|
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| 416 |
Filed: 1/31/2014, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated January 31, 2014 re: response to Plaintiffs' January 27, 2014 Letter. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Swanson, Daniel) (Entered: 01/31/2014)
|
|
Request |
|
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| 415 |
Filed: 1/31/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/31/2014 re: Request for Consolidated Reply Brief Regarding Motions to Exclude Orszag Opinions. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 01/31/2014)
|
|
Request |
|
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| 414 |
Filed: 1/27/2014, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/27/2014 re: Summary Judgment Page Limits and Schedule. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 01/27/2014)
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Request |
|
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| 413 |
Filed: 1/27/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 01/27/2014 re: Defendant Apple's Sur-Reply in Opposition to Motion for Class Certification. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 01/27/2014)
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Request |
|
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| 412 |
Filed: 1/21/2014, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated January 21, 2014 re: Filing of documents. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 01/21/2014)
|
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Request |
|
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| 411 |
Filed: 1/21/2014, Entered: None |
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|
ORDER of USCA (Certified Copy) as to 407 Notice of Interlocutory Appeal, filed by Apple Inc. USCA Case Number 14-0061-cv. Appellant moves for (1) a stay of that portion of the district court's injunction entered on September 5, 2013 that imposes an external compliance monitor, pending appeal of the district court's judgment as well as its denial of objections to the external compliance monitor's conduct, and (2) for an administrative stay pending the Courts adjudication of this motion.IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to a three-judge motions panel and shall be heard as soon as possible. IT IS FURTHER ORDERED that an administrative stay of the district court's order is granted until the motion for stay pending appeal is determined by the motions panel. Any opposition to the motion for a stay pending appeal must be filed by close of business on Friday, January 24, 2014. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 1/21/204. Certified: 1/21/2014. (nd) Modified on 1/21/2014 (nd). (Entered: 01/21/2014)
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Request |
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| 410 |
Filed: 1/21/2014, Entered: None |
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|
ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 1/17/2014 re: Apple request for permission to file a single consolidated opposition brief of no more than 35 pages, which will streamline the process and conserve judicial resources. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/17/2014) (gr) (Entered: 01/21/2014)
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Request |
|
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| 409 |
Filed: 1/17/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated January 17, 2014 re: consolidated opposition brief. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 01/17/2014)
|
|
Request |
|
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| 408 |
Filed: 1/17/2014, Entered: None |
|
|
NOTICE OF APPEARANCE by Geralyn Jeanette Trujillo on behalf of The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Trujillo, Geralyn) (Entered: 01/17/2014)
|
|
Request |
|
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| 407 |
Filed: 1/16/2014, Entered: None |
|
|
NOTICE OF INTERLOCUTORY APPEAL from 405 Memorandum & Opinion,,. Document filed by Apple Inc.. Filing fee $ 505.00, receipt number 0208-9269809. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Boutrous, Theodore) (Entered: 01/16/2014)
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Request |
|
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| 406 |
Filed: 1/16/2014, Entered: None |
|
|
ORDER. This Court's ECF system being out of operation, today's Opinion and Order was emailed to the parties at 9:47 a.m., and filed as soon as possible after the ECF system became operational. It is hereby ORDERED that, should Apple wish to appeal, it file a notice of appeal forthwith. (Signed by Judge Denise L. Cote on 1/16/2014) (gr) (Entered: 01/16/2014)
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Request |
|
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| 405 |
Filed: 1/16/2014, Entered: None |
|
|
OPINION AND ORDER. Apple's motion to suspend operation of Section VI of the Injunction because the Monitor must be disqualified, or on any other grounds preserved and argued to this Court is denied. Apple's motion for a stay of this ruling pending its appeal to the Second Circuit is denied with the following exception. Apple is granted a stay of Section VI of the Injunction from the filing of this Opinion until Tuesday, January 21, 2014, at noon, in order to pursue an appeal of this Opinion and Order denying a stay, on the condition that Apple file its motion for a stay by Saturday, January 18, 2014 at noon. (Signed by Judge Denise L. Cote on 1/16/2014) (gr) (Entered: 01/16/2014)
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Request |
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| 404 |
Filed: 1/15/2014, Entered: None |
|
|
DECLARATION of Robert Hubbard in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag.. Document filed by The State of New York. (Attachments: # 1 Exhibit A through J)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) (Entered: 01/15/2014)
|
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Request |
|
|
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| 403 |
Filed: 1/15/2014, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (380 in 1:12-cv-03394-DLC) MOTION to Preclude Testimony of Jonathan Orszag. (redacted version). Document filed by The State of New York. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) (Entered: 01/15/2014)
|
|
Request |
|
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| 402 |
Filed: 1/14/2014, Entered: None |
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|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Comply with Endorsed Letter, Doc. 400. Document filed by The State of New York. (Attachments: # 1 Redacted Memo in Support, # 2 Declaration, # 3 Redacted exhibits, # 4 Certificate of Service)(Hubbard, Robert) Modified on 1/15/2014 (db). (Entered: 01/14/2014)
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Request |
|
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| 401 |
Filed: 1/10/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Steve Berman dated 12/18/2013 re: Class Plaintiffs respectfully submit the list of documents for filing under seal. ENDORSEMENT: The parties may file these materials in their redacted form. They shall consult with each other and relevant third parties to isolate passages that must be redacted pursuant to legal standards this Court has previously discussed with counsel. The fact that material is covered by a protective order is insufficient to support redaction. More limited redactions must be proposed by 2/7/2014. (Signed by Judge Denise L. Cote on 1/10/2014) (gr) (Entered: 01/10/2014)
|
|
Request |
|
|
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| 400 |
Filed: 1/10/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Robert L. Hubbard, Assistant Attorney General dated 12/18/2013 re: Letter requesting to file documents under seal in this action. ENDORSEMENT: The parties may file these materials in this redacted form. They shall consult with each other and relevant trial parties to isolate passages that must be redacted purusant to legal standards this Court has previously discussed with counsel. The fact that material is covered by a protective order is insufficient to support redactions. More limited redactions must be proposed by 2/7/2014. (Signed by Judge Denise L. Cote on 1/10/2014) (gr) (Entered: 01/10/2014)
|
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Request |
|
|
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| 399 |
Filed: 1/8/2014, Entered: None |
|
|
BRIEF on Civil Penalties. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1: November 21, 2013 Email from Cynthia Richman)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 01/08/2014)
- Attachment 1 Exhibit 1: November 21, 2013 Email from Cynthia Richman
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|
Request |
|
|
|
| 398 |
Filed: 1/8/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated January 8, 2014 re: reply memoranda limits. Document filed by Apple Inc..(Boutrous, Theodore) (Entered: 01/08/2014)
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|
Request |
|
|
|
| 397 |
Filed: 1/8/2014, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 1/8/2014 re: Request that Apple's reply brief should be stricken, and that Apple be ordered to submit a reply that comports with this Court's Individual Practices and all applicable Rules. ENDORSEMENT: The parties are reminded to comply with this Court's Individual Practices or to seek prior approval for a departure. The request to strike is denied. If the plaintiffs seek to file a sur-reply to address new arguments that appear in the reply, they may do so by Saturday, January 11 at noon. (Signed by Judge Denise L. Cote on 1/8/2014) (gr) (Entered: 01/08/2014)
|
|
Request |
|
|
|
| 396 |
Filed: 1/7/2014, Entered: None |
|
|
DECLARATION of THEODORE J. BOUTROUS, JR. in Support re: 370 Order,,,,,,. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Boutrous, Theodore) (Entered: 01/07/2014)
|
|
Request |
|
|
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| 395 |
Filed: 1/7/2014, Entered: None |
|
|
DECLARATION of MATTHEW J. REILLY in Support re: 370 Order,,,,,,. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 01/07/2014)
|
|
Request |
|
|
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| 394 |
Filed: 1/7/2014, Entered: None |
|
|
DECLARATION of KYLE ANDEER in Support re: 370 Order,,,,,,. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 01/07/2014)
|
|
Request |
|
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| 393 |
Filed: 1/7/2014, Entered: None |
|
|
REPLY MEMORANDUM OF LAW in Support re: 370 Order,,,,,,. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 01/07/2014)
|
|
Request |
|
|
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| 392 |
Filed: 1/7/2014, Entered: None |
|
|
DECLARATION of CYNTHIA E. RICHMAN in Support re: 391 Letter. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Boutrous, Theodore) (Entered: 01/07/2014)
|
|
Request |
|
|
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| 391 |
Filed: 1/7/2014, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated January 7, 2014 re: objections to the external compliance monitor. Document filed by Apple Inc..(Boutrous, Theodore) (Entered: 01/07/2014)
|
|
Request |
|
|
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| 390 |
Filed: 1/2/2014, Entered: None |
|
|
DECLARATION of Michael R. Bromwich in Opposition re: (370 in 1:12-cv-03394-DLC) Order,,,,,,. Document filed by The State of Texas. (Attachments: # 1 Exhibits A-Z to Declaration of Michael R. Bromwich, # 2 Exhibits AA-PP to Declaration of Michael R. Bromwich)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 01/02/2014)
|
|
Request |
|
|
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| 389 |
Filed: 12/30/2013, Entered: None |
|
|
OPPOSITION BRIEF re: (370 in 1:12-cv-03394-DLC) Order,,,,,,. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 12/30/2013)
|
|
Request |
|
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| 388 |
Filed: 12/27/2013, Entered: None |
|
|
ORDER re: (499 in 1:11-md-02293-DLC, 385 in 1:12-cv-03394-DLC) Letter, filed by Apple Inc. ORDERED that Apple's request to re-depose Noll is denied.By Memo Endorsement of October 3, the Court ordered that [t]o the extent the plaintiffs rebuttal report includes new opinions that could not have been anticipated by Apple's expert(s), Apple may file a sur-reply report before the close of expert discovery. Accordingly, IT IS FURTHER ORDERED that Apple may file a sur-reply report and a sur-reply brief limited to addressing new opinions that could not have been anticipated by Apple's experts. (Signed by Hon. Denise Cote by Hon. Katherine Polk Failla, Part I on 12/27/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) Modified on 12/30/2013 (djc). (Entered: 12/27/2013)
|
|
Request |
|
|
|
| 387 |
Filed: 12/24/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Robert Hubbard dated 12/24/13 re: Apple request of 12/23/13. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) (Entered: 12/24/2013)
|
|
Request |
|
|
|
| 386 |
Filed: 12/24/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated 12/24/2013 re: Dr. Noll's Deposition and Sur-Reply. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 12/24/2013)
|
|
Request |
|
|
|
| 385 |
Filed: 12/23/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated December 23, 2013 re: Prof. Noll's Deposition and Sur-Reply. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Swanson, Daniel) (Entered: 12/23/2013)
|
|
Request |
|
|
|
| 384 |
Filed: 12/20/2013, Entered: None |
|
|
NOTICE OF APPEAL from (476 in 1:11-md-02293-DLC, 363 in 1:12-cv-03394-DLC) Stipulation and Order, (365 in 1:12-cv-03394-DLC, 478 in 1:11-md-02293-DLC) Judgment,, (472 in 1:11-md-02293-DLC, 360 in 1:12-cv-03394-DLC) Order,,. Document filed by Bob Kohn. Filing fee $ 505.00, receipt number 465401083976. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(nd) (Entered: 12/20/2013)
|
|
Request |
|
|
|
| 383 |
Filed: 12/18/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Robert Hubbard dated 12/18/13 re: Motion to Exclude Opinions Offered by Jonathan Orszag. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) (Entered: 12/18/2013)
|
|
Request |
|
|
|
| 382 |
Filed: 12/18/2013, Entered: None |
|
|
CERTIFICATE OF SERVICE of Sealed Documents re Reply in Support of Class Cert. Motion, Daubert Motions and Expert Report served on Apple Inc. on 12/18/2013. Service was accepted by Counsel for Apple Inc.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 12/18/2013)
|
|
Request |
|
|
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| 381 |
Filed: 12/18/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated December 18, 2013 re: Filing of Under Seal Documents. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 12/18/2013)
|
|
Request |
|
|
|
| 380 |
Filed: 12/18/2013, Entered: None |
|
|
MOTION to Preclude Testimony of Jonathan Orszag. Document filed by The State of New York.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Hubbard, Robert) (Entered: 12/18/2013)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 379 |
Filed: 12/18/2013, Entered: None |
|
|
MOTION to Exclude Expert Opinions Contained in the Declaration of Joseph P. Kalt. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 12/18/2013)
|
|
Request |
|
|
|
| 378 |
Filed: 12/18/2013, Entered: None |
|
|
MOTION to Exclude Expert Opinions Contained in the Declaration of Jonathan Orszag. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 12/18/2013)
|
|
Request |
|
|
|
| 377 |
Filed: 12/18/2013, Entered: None |
|
|
DECLARATION of JONATHAN ORSZAG in Support re: (319 in 1:12-cv-03394-DLC) Statement of Damages, (445 in 1:11-md-02293-DLC) Memorandum of Law in Support of Motion, (443 in 1:11-md-02293-DLC) Memorandum of Law in Opposition to Motion,. Document filed by Apple Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 12/18/2013)
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|
|
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|
|
| 376 |
Filed: 12/17/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 12/12/2013 re: Pursuant to the Court's December 9, 2013 Order, Apple submits to the Court the Corrected Declaration of Jonathan Orszag with proposed redactions of Confidential and Highly Confidential Information that is not already in the public record. ENDORSEMENT: Approved. The redacted document may be publicly filed. (Signed by Judge Denise L. Cote on 12/17/2013) (gr) (Entered: 12/17/2013)
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Request |
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| 375 |
Filed: 12/17/2013, Entered: None |
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NOTICE OF APPEARANCE by Kayna Stavast-Piper on behalf of The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Stavast-Piper, Kayna) (Entered: 12/17/2013)
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Request |
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| 374 |
Filed: 12/14/2013, Entered: None |
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DECLARATION of THEODORE J. BOUTROUS, JR. in Support re: 370 Order,,,,,,. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A through F, # 2 Exhibit G through L, # 3 Exhibit M through S)(Boutrous, Theodore) (Entered: 12/14/2013)
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Request |
|
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| 373 |
Filed: 12/14/2013, Entered: None |
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DECLARATION of GENE LEVOFF in Support re: 370 Order,,,,,,. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 12/14/2013)
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Request |
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| 372 |
Filed: 12/14/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 370 Order,,,,,, / DEFENDANT APPLE INC.'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION BY ORDER TO SHOW CAUSE FOR A STAY OF THE INJUNCTION PENDING APPEAL. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 12/14/2013)
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Request |
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| 371 |
Filed: 12/13/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 339 MOTION to Dismiss / NOTICE OF DEFENDANT APPLE INC.'S MOTION TO DISMISS FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, TO COMPEL THE PLAINTIFF STATES TO SEEK CLASS CERTIFICATION.. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 12/13/2013)
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Request |
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| 370 |
Filed: 12/13/2013, Entered: None |
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ORDER....On December 13, Apple filed a motion (December 13 Motion) by order to show cause for a stay of the Injunction pending appeal to the Second Circuit. DOJ submitted a responsive letter that same day. Also on December 13, the Court held a telephone conference on the record with Apple, DOJ, and the Plaintiff States present, in order to schedule briefing on Apples Motion. In that conference, the Court reminded the parties that the Injunction had not been modified, and stated that the term ex parte, as used in the Courts proposal with respect to communications between the Monitor and Apple did not mean un-counseled, but rather carried the ordinary meaning of ex parte, i.e., that DOJ and/or the Plaintiff States need not be present during any communication between the Monitor and Apple, and that Apple need not be present for any communication between Monitor and DOJ and/or the Plaintiff States. Apple was given the opportunity to amend its motion in light of these statements. It declined to do so. Accordingly, it is herebyORDERED that DOJ and the Plaintiff States opposition to Apples December 13 Motion is due by December 30, 2013. Apples reply, if any, is due by January 7, 2014. IT IS FURTHER ORDERED that at the time any pleading is served, the party submitting the pleading shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 12/13/2013) (gr) (Entered: 12/13/2013)
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Request |
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| 369 |
Filed: 12/12/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated December 12, 2013 re: Orszag Declaration Redactions. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 12/12/2013)
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| 368 |
Filed: 12/10/2013, Entered: None |
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NOTICE of CORRECTIONS TO DECLARATION OF JOSEPH P. KALT re: (481 in 1:11-md-02293-DLC, 367 in 1:12-cv-03394-DLC) Declaration in Support,. Document filed by Apple Inc.. (Attachments: # 1 Errata List, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 12/10/2013)
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Request |
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| 367 |
Filed: 12/10/2013, Entered: None |
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DECLARATION of JOSEPH P. KALT, Ph.D. in Support re: (319 in 1:12-cv-03394-DLC) Statement of Damages, (445 in 1:11-md-02293-DLC) Memorandum of Law in Support of Motion, (443 in 1:11-md-02293-DLC) Memorandum of Law in Opposition to Motion,. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, Part 1, # 2 Exhibit 1, Part 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 12/10/2013)
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Request |
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| 366 |
Filed: 12/6/2013, Entered: None |
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OPPOSITION TO Plaintiffs' Motion for Appeal Bond. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rdz) (Entered: 12/10/2013)
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Request |
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| 365 |
Filed: 12/9/2013, Entered: None |
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FINAL JUDGMENT in favor of Aloysius J. Brown, Iii, Anne M. Rinaldi, Anthony Petru, Barbara Heath, Charles Leonard Pelton, Sr, Cynthia J. Tyler, Diane Urbanec, Ed Macauley, James L. Nesmith, Jeremy Sheppeck, Jessica Moyer, Kathleen Weiss, Kathleen Linda Pitlock, Kimberly Whiteside Brooks, Laura J. Warner, Lauren Albert, Marcus Mathis, Matthew A. Hosking, Ronna Hamelin, Shane S. Davis, Steven D. Campbell, Sue Roberts, Sue Ellen Gordon, Thomas Friedman against Macmillan Publishers, Inc., Penguin Group (USA), Inc., Penguin Group USA, Inc. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 364 |
Filed: 12/9/2013, Entered: None |
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ORDER AND STIPULATED INJUNCTION as to defendant Penguin. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 363 |
Filed: 12/9/2013, Entered: None |
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ORDER AND STIPULATED INJUNCTION as to defendant Macmillan. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 362 |
Filed: 12/9/2013, Entered: None |
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ORDER GRANTING CLASS PLAINTIFF' MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 361 |
Filed: 12/9/2013, Entered: None |
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STIPULATION AND ORDER MODIFYING AUGUST 13, 2013 SCHEDULING ORDER....The parties shall supply the Court with two courtesy copies of the papers already filed on these motions and of the papers that remain to be filed at the time they are served. The schedule is approved. (Signed by Judge Denise L. Cote on 12/9/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 360 |
Filed: 12/9/2013, Entered: None |
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ORDER. For the reasons set forth on the record at the December 6, 2013 Fairness Hearing...it is hereby ORDERED that objector Bob Kohn's ("Kohn") November 27, 2013 motion to intervene is denied...IT IS FURTHER ORDERED that the request by Class Counsel and the Plaintiff States of November 21 that a bond be imposed on Kohn in the event of any appeal is denied in light of Kohn's representations -- in writing, and orally at the Fairness Hearing of December 6 -- that he will not seek to impede the distribution of any funds related to the settlements at issue or to seek recuperation of any disbursed funds at any point. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 359 |
Filed: 12/9/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 11/25/2013 re: Counsel for Apple (O'Melveny & Myers LLP) and counsel for non-party Amazon,com, Inc., met and conferred regarding the proposed redactions to the declarations of Apple's experts, Joseph Kalt and Jonathan Orszag. ENDORSEMENT: The proposed redactions in Exhbits F and G to the Demana declaration, and Exhbit 1 to the Kalt Declaration are approved. The redactions to the Kalt Declaration are approved with two exceptions; Table of Figure redaction and redaction at 43a on page 18. The parties shall identify which of the proposed redactions to the Corrected Orszag Declaration are of information already in the public record through the June trial or other proceedings before this Court. Public record information may not be redacted. The other documents shall be filed in the public record in redacted form and the pages containing redactions provided to the Court for filing under seal. By 12/12/13, the parties shall present proposed redactions for the Corrected Orszag Declaration. (Signed by Judge Denise L. Cote on 12/6/2013) (gr) (Entered: 12/09/2013)
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Request |
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| 358 |
Filed: 12/6/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Jeff D. Friedman dated December 6, 2013 re: Stipulation and [Proposed] Order Modifying August 13, 2013 Scheduling Order. Document filed by Class Plaintiffs. (Attachments: # 1 Attachment A)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Friedman, Jeff) (Entered: 12/06/2013)
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Request |
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| 357 |
Filed: 12/6/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: (339 in 1:12-cv-03394-DLC) MOTION to Dismiss / NOTICE OF DEFENDANT APPLE INC.'S MOTION TO DISMISS FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, TO COMPEL THE PLAINTIFF STATES TO SEEK CLASS CERTIFICATION.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 12/06/2013)
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Request |
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| 356 |
Filed: 12/6/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from W. Joseph Nielsen dated 12/6/13 re: compliance with the notice requirements of the Court's Order of 12/4/13. Document filed by The State of Connecticut.(Becker, Gary) (Entered: 12/06/2013)
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Request |
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| 355 |
Filed: 12/4/2013, Entered: None |
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ORDER granting (460) Motion for Confidentiality in case 1:11-md-02293-DLC; granting (353) Motion for Confidentiality in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote on 12/4/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC (gr) (Entered: 12/04/2013)
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Request |
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| 354 |
Filed: 12/4/2013, Entered: None |
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ORDER. Regarding the Plaintiffs' request for a bond covering the mentioned purported costs, the Objectors must respond in writing by December 6 2013 at 10 a.m. Eastern Standard Time. Regarding Bob Kohn's motion to intervene in the above captioned action pursuant to Rule 24(a) for purpose of appeal, Plaintiffs must respond in writing by December 6, 2013 at 10 a.m. Eastern Standard Time to Kohn's motion to intervene. Plaintiffs must immediately serve this Order on the Objectors. (Signed by Judge Denise L. Cote on 12/4/2013) (gr) (Entered: 12/04/2013)
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Request |
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| 353 |
Filed: 12/3/2013, Entered: None |
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MOTION for Confidentiality. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Agreed Order re Confidentiality)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Fisher, Rebecca) (Entered: 12/03/2013)
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Request |
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| 352 |
Filed: 12/2/2013, Entered: None |
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ORDER. On September 5, 2013, a permanent injunction was entered in these two actions (Injunction). Among other things, the Injunction created the position of an External Compliance Monitor (Monitor) with the duties described in Section VI of the Injunction. The Injunction permitted Apple to object to any candidate for the Monitorship proposed by the Department of Justice and the Plaintiff States and required Apple to reimburse the candidates for reasonable expenses incurred by the candidates in connection with travel undertaken for interviews of the candidates by the United States and the Court. Through an Order of October 16, the Court advised the parties that it had interviewed the two candidates whose names had been submitted by the Department of Justice and the Plaintiff States, and had appointed Michael Bromwich as the Monitor, to be assisted by Bernard Nigro. Since the issuance of the Order of October 16, neither Apple, the Monitor, nor the Department of Justice and Plaintiff States have informed the Court about the work of the Monitor or of any problems associated with that work. There has been no ex parte communication between the Court and the Monitor or between the Court and any of the parties about these issues. In an Order of November 20, the parties were asked to submit any objection by November 27 to amendments to the Injunction described in the November 20 Order. In a submission of November 27 Apple objects to that provision in the November 20 Order that would allow the Monitor to provide the Court with ex parte oral briefings about the monitorship. Apple having objected, the Court will not receive ex parte briefings or reports from the Monitor about his work. Through its November 27 submission, Apple offers other objections as well. It objects to the Monitors performance of his duties to date and to his fee structure for this undertaking. These are matters of which neither the parties not the Monitor had previously advised the Court. In Section VI.H., the Injunction describes the process through which Apple shall make any objections to the actions by the Monitor. Objections are to be conveyed in writing to the United States and the Plaintiff States within ten calendar days after the action giving rise to the objection. Section VI.I. of the Injunction provides that the Monitor shall serve on such terms and conditions as the United States, after consultation with the Plaintiff States, approves. Any compensation shall be on reasonable and customary terms. Accordingly, it is hereby ORDERED that there shall be no ex parte communication by the Monitor with the Court regarding the performance of his duties as Monitor. IT IS FURTHER ORDERED that Apple shall follow the procedure created by Section VI.H. if it has any objections regarding the Monitor which it is unable to resolve through discussions with the Monitor. To the extent it has any objections about the Monitors fee structure, Apple shall use the procedure created by Section VI.H. to address that issue as well.IT IS FURTHER ORDERED that, in the event timely objection is made by Apple to the Department of Justice and the Plaintiff States, and the parties are unable to resolve the issue, any party may seek a conference with the Court through a letter no longer than two pages. The Court will promptly schedule a conference to give all parties, and if appropriate the Monitor, an opportunity to be heard on the matter. (Signed by Judge Denise L. Cote on 12/2/2013) (gr) (Entered: 12/02/2013)
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Request |
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| 351 |
Filed: 11/27/2013, Entered: None |
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DECLARATION of THEODORE J. BOUTROUS, JR. in Support re: 350 Objection (non-motion). Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Boutrous, Theodore) (Entered: 11/27/2013)
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Request |
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| 350 |
Filed: 11/27/2013, Entered: None |
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Objection re: 345 Order,, DEFENDANT APPLE INC.'S OBJECTIONS TO THE COURT'S ORDER FILED ON NOVEMBER 21, 2013. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 11/27/2013)
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Request |
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| 349 |
Filed: 11/25/2013, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated November 25, 2013 re: Filing Under Seal. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 11/25/2013)
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Request |
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| 348 |
Filed: 11/22/2013, Entered: None |
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LETTER OBJECTION TO CLASS SETTLEMENT addressed to Clerk of Court from Christopher Batman dated 10/15/2013 re: Objection to the Court's approval of the settlement in the above referenced class action lawsuit and the award of excessive attorneys' fees to class counsel. (gr) (Entered: 11/22/2013)
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Request |
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| 347 |
Filed: 11/21/2013, Entered: None |
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|
MEMORANDUM OF LAW in Support re: (95 in 1:12-cv-06625-DLC, 451 in 1:11-md-02293-DLC, 346 in 1:12-cv-03394-DLC) MOTION for Settlement Motion for Final Approval of Macmillan and Penguin Settlements.. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Order and Injunction for Macmillan, # 2 Text of Proposed Order Proposed Order and Injunction for Penguin, # 3 Affidavit Declaration for Kinsella Media, # 4 Affidavit Declaration for Rust Consulting, # 5 Affidavit Declaration for Amazon, # 6 Affidavit Declaration for Barnes and Noble, # 7 Affidavit Declaration for Apple, # 8 Affidavit Declaration for Kobo, # 9 Affidavit Declaration for Sony, # 10 Affidavit Declaration for Google, # 11 Exhibit Consumer Distribution Plan, # 12 Text of Proposed Order Proposed Final Judgment)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 11/21/2013)
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| 346 |
Filed: 11/21/2013, Entered: None |
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|
MOTION for Settlement Motion for Final Approval of Macmillan and Penguin Settlements. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 11/21/2013)
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Request |
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| 345 |
Filed: 11/21/2013, Entered: None |
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|
ORDER. Notice is hereby given of the following proposed amendment to the October 16, 2013 Order appointing Michael Bromwich as the External Monitor (Monitor) provided for in Section VI of the September 5, 2013 Order Entering Permanent Injunction in this case. Pursuant to Federal Rule of Civil Procedure 53(b)(4), the amendment is proposed as follows (See Order). It is hereby ORDERED that any objection to the terms of the above proposed amendment to the October 16, 2013 Order appointing Michael Bromwich as Monitor is due by November 27, 2013. (Signed by Judge Denise L. Cote on 11/20/2013) (gr) (Entered: 11/21/2013)
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Request |
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| 344 |
Filed: 11/20/2013, Entered: None |
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|
ENDORSED LETTER addressed to Judge Denise L. Cote from Rebecca Fisher, Senior Assistant Attorney General, Texas Attorney General dated 11/19/2013 re: Request to permit Counsel for Plaintiff States and Settlement Class to file a brief up to 35 pages in length. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/19/2013) (gr) (Entered: 11/20/2013)
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Request |
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| 343 |
Filed: 11/19/2013, Entered: None |
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|
LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Rebecca Fisher dated November 19, 2013. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 11/19/2013)
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Request |
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| 342 |
Filed: 11/18/2013, Entered: None |
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|
SCHEDULING ORDER: On November 15, 2013 the defendant Apple filed a motion to dismiss the Plaintiff States' claims in the above captioned action on the ground that the Plaintiff States lack Article III standing. Apple moves in teh alternative to compel the Plaintiff States to seek class certification. It is hereby ORDERED that any opposition is due by 12/6/2013. Any reply is due 12/13/2013. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, NY. (Signed by Judge Denise L. Cote on 11/18/2013) (gr) (Entered: 11/18/2013)
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| 341 |
Filed: 11/15/2013, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated November 15, 2013 re: Documents for filing under seal. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 11/15/2013)
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Request |
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| 340 |
Filed: 11/15/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 339 MOTION to Dismiss / NOTICE OF DEFENDANT APPLE INC.'S MOTION TO DISMISS FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, TO COMPEL THE PLAINTIFF STATES TO SEEK CLASS CERTIFICATION.. Document filed by Apple Inc.. (Boutrous, Theodore) (Entered: 11/15/2013)
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| 339 |
Filed: 11/15/2013, Entered: None |
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|
MOTION to Dismiss / NOTICE OF DEFENDANT APPLE INC.'S MOTION TO DISMISS FOR LACK OF JURISDICTION OR, IN THE ALTERNATIVE, TO COMPEL THE PLAINTIFF STATES TO SEEK CLASS CERTIFICATION. Document filed by Apple Inc..(Boutrous, Theodore) (Entered: 11/15/2013)
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Request |
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| 338 |
Filed: 11/13/2013, Entered: None |
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|
ORDER. By letter of October 28, 2013, Bob Kohn, an objector to the settlement which is the subject of an upcoming December 6 Fairness Hearing in this Court, requests that the Court compel the Department of Justice, Amazon, and plaintiff and defense counsel in the class action to produce certain materials for purposes of discovery. It is hereby ORDERED that the application is denied. (Signed by Judge Denise L. Cote on 11/13/2013) Copies Mailed By Chambers to Mr. Bob Kohn. (gr) (Entered: 11/13/2013)
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Request |
|
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| 337 |
Filed: 11/13/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Bob Kohn dated 11/12/2013 re: I am writing to respond to the letter to this Court by the Attorneys General ("AGs") dated November 8, 2013, objecting to my request for discovery. (gr) (Entered: 11/13/2013)
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Request |
|
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| 336 |
Filed: 11/13/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Gary M. Becker, Assistant Attorney General, State of Connecticut dated 11/8/2013 re: I write on behalf of the Plaintiff States in response to the letter dated November 7, 2013 and sent to the Court by Mr. Robert Kohn. Document filed by Class Plaintiffs.(gr) (Entered: 11/13/2013)
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Request |
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| 335 |
Filed: 11/13/2013, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Bob Kohn dated 11/7/2013 re: I am a member of the class in the above-captioned action, and I have filed an Objection to the recent proposed Settlement of claims...in that action...Accordingly, I respectfully request that the Court authorize the issuance of a subpoena to the Department of Justice for the focused discovery sought in my letter of October 28, 2013.... (gr) (Entered: 11/13/2013)
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Request |
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| 334 |
Filed: 11/13/2013, Entered: None |
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|
LETTER addressed to Mark Ryan from Bob Kohn dated 10/28/2013 re: Seeking from the Government any evidence in the record, or otherwise produced during discovery in this or any related action, regarding Amazon's e-book pricing prior to April, 2010-including any economic data, information or other materials regarding Amazon's marginal costs of e-books acquired and the prices Amazon charged for such e-books during such period, including any documents, testimony or other materials (in any form) referring to such data, information or materials... (gr) (Entered: 11/13/2013)
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Request |
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| 333 |
Filed: 11/13/2013, Entered: None |
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|
ENDORSED LETTER addressed to Judge Denise L. Cote from Eric Lipman, Assistant Attorney General dated 11/12/2013 re:...the parties jointly proposed the following briefing schedule for such remaining issues: States' Opening Brief to be filed no later than January 8, 2014; Apple's Opposition Brief to be filed no later than February 10, 2014; States Reply Brief to be filed no later than March 7, 2014. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 11/12/2013) (gr) (Entered: 11/13/2013)
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Request |
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| 332 |
Filed: 11/12/2013, Entered: None |
|
|
LETTER addressed to Judge Denise L. Cote from Eric Lipman dated November 12, 2013 re: Civil Penalty Briefing Schedule. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 11/12/2013)
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Request |
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| 331 |
Filed: 11/8/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Gary Becker dated 11-08-2013 re: Response to Robert Kohn. Document filed by The State of Connecticut.(Becker, Gary) (Entered: 11/08/2013)
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| 330 |
Filed: 10/29/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 10/25/2013 re: The trial transcript in the above-entitled matters contain several formatting errors. We are requesting that the court reporters implement the edits listed in the attached document at their earliest convenience. All parties consent to these changes. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 10/29/2013) (gr) (Entered: 10/29/2013)
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Request |
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| 329 |
Filed: 10/29/2013, Entered: None |
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|
STIPULATION AND ORDER MAKING CERTAIN CORRESPONDENCE PART OF THE RECORD FILE. (Signed by Judge Denise L. Cote on 10/29/2013) (gr) (Entered: 10/29/2013)
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Request |
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| 328 |
Filed: 10/25/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated October 25, 2013 re: Proposed Corrections to June Trial Transcript. Document filed by Apple Inc.. (Attachments: # 1 Proposed Corrections to June Trial Transcript)(Boutrous, Theodore) (Entered: 10/25/2013)
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Request |
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| 327 |
Filed: 10/23/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Robert Hubbard dated 10/23/13 re: Deposition of Roger Noll. Document filed by The State of New York. (Attachments: # 1 Exhibit)(Hubbard, Robert) (Entered: 10/23/2013)
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| 326 |
Filed: 10/22/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated October 22, 2013 re: Deposition of Dr. Roger Noll. Document filed by Apple Inc.. (Attachments: # 1 Attachment A, # 2 Attachment B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 10/22/2013)
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Request |
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| 325 |
Filed: 10/22/2013, Entered: None |
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NOTICE OF APPEARANCE by Thomas Marks on behalf of The State of Michigan. (Marks, Thomas) (Entered: 10/22/2013)
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Request |
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| 324 |
Filed: 10/21/2013, Entered: None |
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MODIFICATION TO SETTLEMENT AGREEMENT (So Ordered by Judge Judge Denise L. Cote on 10/21/2013) (gr) (Entered: 10/21/2013)
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| 323 |
Filed: 10/17/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated October 17, 2013 re: Clarification of settlement administration. Document filed by The State of Texas. (Attachments: # 1 Modification to Settlement Agreement)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 10/17/2013)
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Request |
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| 322 |
Filed: 10/17/2013, Entered: None |
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NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of The State of New York. (Stock, Eric) (Entered: 10/17/2013)
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Request |
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| 321 |
Filed: 10/17/2013, Entered: None |
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NOTICE OF APPEARANCE by Gwendolyn Jean Cooley on behalf of The State of Wisconsin. (Attachments: # 1 Order granting waiver of admission requirements for pro hac vice)(Cooley, Gwendolyn) (Entered: 10/17/2013)
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Request |
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| 320 |
Filed: 10/16/2013, Entered: None |
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ORDER. On September 30, 2013, the Department of Justice and the Plaintiff States submitted for consideration the names of two well-qualified candidates to serve as the External Monitor (Monitor) provided for in Section VI of the September 5 Order Entering Permanent Injunction in this case. Having interviewed both candidates, it is clear that either one is capable of doing an exceptional job as Monitor. The Court is grateful to both candidates for their commitment to public service and for taking time to travel and interview with DOJ and the Court. It is hereby ORDERED that Michael Bromwich is appointed as Monitor. IT IS FURTHER ORDERED that Bernard A. Nigro will assist Mr. Bromwich in discharging his responsibilities. (Signed by Judge Denise L. Cote on 10/16/2013) (gr) (Entered: 10/16/2013)
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| 319 |
Filed: 10/11/2013, Entered: None |
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STATEMENT OF DAMAGES. Document filed by The State of New York.(Hubbard, Robert) (Entered: 10/11/2013)
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Request |
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| 317 |
Filed: 10/8/2013, Entered: None |
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DECLARATION of Kit A. Pierson in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
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Request |
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| 316 |
Filed: 10/8/2013, Entered: None |
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DECLARATION of Steve W. Berman in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
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Request |
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| 315 |
Filed: 10/8/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: (89 in 1:12-cv-06625-DLC) MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
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Request |
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| 314 |
Filed: 10/8/2013, Entered: None |
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MOTION for Attorney Fees ,Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) (Entered: 10/08/2013)
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Request |
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| 313 |
Filed: 10/7/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Kit A. Pierson in Support re: (86 in 1:12-cv-06625-DLC) MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). (Entered: 10/07/2013)
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Request |
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| 312 |
Filed: 10/7/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Steve W. Berman in Support re: (86 in 1:12-cv-06625-DLC) MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs.. Document filed by Class Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). (Entered: 10/07/2013)
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Request |
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| 311 |
Filed: 10/7/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees , Reimbursement of Expenses, and Participation Awards for Named Plaintiffs. Document filed by Class Plaintiffs. (Attachments: # 1 Memorandum)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Berman, Steve) Modified on 10/8/2013 (db). (Entered: 10/07/2013)
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| 309 |
Filed: 10/4/2013, Entered: None |
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NOTICE OF APPEAL from 286 Order,,,,,,,. Document filed by Holtzbrinck Publishers, LLC. Filing fee $ 455.00, receipt number 0208-8943200. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A)(Mitnick, Joel) (Entered: 10/04/2013)
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| 308 |
Filed: 10/4/2013, Entered: None |
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NOTICE OF APPEAL from 286 Order,,,,,,,. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc.. Filing fee $ 455.00, receipt number 0208-8939457. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Quinn, James) (Entered: 10/04/2013)
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Request |
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| 307 |
Filed: 10/3/2013, Entered: None |
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NOTICE OF APPEAL from 237 Memorandum & Opinion, 286 Order,,,,,,,. Document filed by Apple Inc.. Filing fee $ 455.00, receipt number 0208-8937093. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Snyder, Orin) (Entered: 10/03/2013)
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Request |
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| 306 |
Filed: 10/3/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated 10/2/2013 re: We write in response to Class Plaintiffs' September 30, 2013 letter concerning whether the Class and States are permitted to submit a class certification and damages expert rebuttal report. ENDORSEMENT: Plaintiff may serve a rebuttal expert report. The parties' shall discuss a schedule for service of that report and the close of expert discovery. To the extent the plaintiffs' rebuttal report includes new opinions that could not have been anticipated by Apple's expert(s), Apply may file a sur-reply report before the close of expert discovery. (Signed by Judge Denise L. Cote on 10/3/2013) (gr) (Entered: 10/03/2013)
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| 305 |
Filed: 10/2/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Daniel G. Swanson dated October 2, 2013 re: Expert Rebuttal Report. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 10/02/2013)
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Request |
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| 304 |
Filed: 9/30/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated Sept. 30, 2013 re: Scheduling. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 09/30/2013)
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Request |
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| 303 |
Filed: 9/27/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated Sept. 27, 2013 re: Collateral Estoppel. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 09/27/2013)
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| 302 |
Filed: 9/27/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from David Ashton dated September 27, 2013 re: Collateral Estoppel. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) (Entered: 09/27/2013)
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Request |
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| 301 |
Filed: 9/27/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated September 27, 2013 re: Collateral Estoppel Issue. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 09/27/2013)
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Request |
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| 300 |
Filed: 9/27/2013, Entered: None |
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ORDER. On September 26, 2013, the Department of Justice (DOJ) contacted the Court via telephone to seek guidance, on behalf of itself and Plaintiff States, as to the form of its submission recommending one or more persons to serve as External Compliance Monitor (Monitor), pursuant to Section VI of the September 5 Order Entering Permanent Injunction. It is hereby ordered:To the extent that DOJ and Plaintiff States are jointly recommending more than one person to serve as Monitor, the submission shall be made in camera. Any objection to said persons by Apple shall be made in camera. Notwithstanding the in camera nature of the submissions, the parties shall make timely service of all filings on each other. (Signed by Judge Denise L. Cote on 9/27/2013) (gr) (Entered: 09/27/2013)
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| 299 |
Filed: 9/25/2013, Entered: None |
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ORDER. On 9/20/2013, Plaintiff States filed a letter in support of their contention that Apple is liable for civil penalties under various state antitrust statutes, as set forth in Appendix A of their letter...Apple filed a responsive letter on the same day. In order to guide the parties in advance of the damages trial scheduled for May 2014, this Court sets forth the following presumptions: (See Order)...The parties shall meet and confer to agree on a stipulation with respect to the issue of Apple's liability for civil penalties under various state antitrust statutes as set forth in Appendix A. If unable to do so and a party disagrees with respect to the preliminary guidance set forth in this Order, the parties shall propose a briefing schedule that permits these legal issues to be fully briefed no later than March 7, 2014. (Signed by Judge Denise L. Cote on 9/25/2013) (gr) (Entered: 09/25/2013)
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| 298 |
Filed: 9/20/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous Jr. dated 09/20/2013 re: Response to the States' Letter of September 6, 2013. Document filed by Apple Inc..(Boutrous, Theodore) (Entered: 09/20/2013)
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| 297 |
Filed: 9/20/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Eric Lipman dated September 20, 2013 re: Civil Penalties. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) (Entered: 09/20/2013)
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Request |
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| 296 |
Filed: 9/20/2013, Entered: None |
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ORDER. Defendant Apple presented three e-reader devices to the Court as exhibits in connection with the parties' pre-trial filings of April 26, 2013. The Court having entered final judgment as to Apple on September 5, it is hereby ORDERED that Apple shall retrieve the e-reader exhibits from the Court by September 27, 2013. (Signed by Judge Denise L. Cote on 9/19/2013) (gr) (Entered: 09/20/2013)
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Request |
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| 295 |
Filed: 9/16/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated 9/11/2013 re: Apple seeks the materials relief upon by Dr. Wickelgren in forming his disclosed opinions and to depose him regarding the subjects set forth in his declarations. ENDORSEMENT: Application to depose Dr. Wickelgren is denied. The Plaintiff States have represented that he will not be called to testify at trial. Apple will have the opportunity to depose and cross-examine at trial any trial witnesses. (Signed by Judge Denise L. Cote on 9/16/2013) (gr) Modified on 9/16/2013 (gr). (Entered: 09/16/2013)
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Request |
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| 294 |
Filed: 9/13/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Eric Lipman dated September 13, 2013 re: Discovery of Dr. Wickelgren. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 09/13/2013)
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Request |
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| 293 |
Filed: 9/12/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Steve W. Berman dated September 12, 2013 re: Deposition of Dr. Wickelgren. Document filed by Class Plaintiffs.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Berman, Steve) (Entered: 09/12/2013)
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Request |
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| 292 |
Filed: 9/11/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated September 11, 2013 re: Wickelgren discovery. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 09/11/2013)
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Request |
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| 291 |
Filed: 9/10/2013, Entered: None |
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NOTICE OF APPEARANCE by Robert L. Hubbard on behalf of The State of New York. (Hubbard, Robert) (Entered: 09/10/2013)
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Request |
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| 290 |
Filed: 9/10/2013, Entered: None |
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ORDER. The Court having ordered on August 27 that parties in the above-captioned actions pursue settlement discussions in September or October 2013, it is hereby ORDERED that the parties shall either pursue settlement discussions under the supervision of Judge Wood or pursue meditation under the supervision of a privately retained mediator in September or October. (Signed by Judge Denise L. Cote on 9/10/2013) (gr) (Entered: 09/10/2013)
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Request |
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| 289 |
Filed: 9/10/2013, Entered: None |
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ORDER. As described on the record at the conference held in these actions on September 9, 2013, it is hereby ORDERED that the parties shall submit by September 27, 2013 a report and any proposed stipulation addressing issues of collateral estoppel. IT IS FURTHER ORDERED that Apple shall submit by September 11, 2013 any letter regarding its right to depose Professor Wickelgren over the States objection. Any letter in response by the States or class plaintiffs shall be submitted by September 16, 2013. (Signed by Judge Denise L. Cote on 9/9/2013) (gr) (Entered: 09/10/2013)
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| 288 |
Filed: 9/9/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated September 9, 2013 re: Discovery Conference - Scheduling. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 09/09/2013)
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| 287 |
Filed: 9/6/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Theodore J. Boutrous, Jr. dated September 6, 2013 re: Scope of Discovery. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 09/06/2013)
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| 286 |
Filed: 9/5/2013, Entered: None |
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PLAINTIFF UNITED STATES FINAL JUDGMENT AND PLAINTIFF STATES ORDER ENTERING PERMANENT INJUNCTION: This Final Judgment applies to Apple and each of its affiliates, subsidiaries, officers, directors, agents, employees, successors, and assigns, to any successor to any substantial part of the business, and to all other Persons acting in concert with Apple and having actual notice of this Final Judgment. On or before the Effective Date of this Final Judgment, Apple shall either modify any Agency Agreement with a Publisher Defendant to comply with Section III.C of this Final Judgment or terminate any Agency Agreement with a Publisher Defendant that does not comply with Section III. C of this Final Judgment.To ensure its compliance with this Final Judgment and the antitrust laws, Apple shall perform the activities enumerated below in Sections V.A through V.J of this Final Judgment. Within thirty days after the Effective Date of this Final Judgment, Apple's Audit Committee, or another committee comprised entirely of outside directors (i.e., directors not also employed by Apple), shall designate a person not employed by Apple as of the Effective Date of the Final Judgment to serve as Antitrust Compliance Officer, who shall report to the Audit Committee or equivalent committee of Apple's Board of Directors and shall be responsible, on a full-time basis until the expiration of this Final Judgment, for supervising Apple's antitrust compliance efforts and performance of the following. This Final Judgment shall take effect 30 days after the date on which it is entered.If the Final Judgment is stayed, all time periods in the Final Judgment will be tolled during the stay. All other provisions as further set forth in this order (Signed by Judge Denise L. Cote on 9/5/2013) (js) Modified on 9/6/2013 (js). (Entered: 09/06/2013)
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Request |
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| 285 |
Filed: 9/5/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Orin Snyder dated 9/4/2013 re: On behalf of Apple, we respectfully submit this letter to request that the Court move the telephonic hearing presently scheduled for Friday, September 6 at 3:30 p.m. to Monday, September 9 at 3:30 p.m. We also request the Court permit Apple to submit any letter regarding the proper scope of discovery by Friday, September 6 at noon rather than by Thursday, September 5 at noon. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 9/5/2013) (gr) (Entered: 09/05/2013)
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| 284 |
Filed: 9/4/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Orin Snyder dated 09/04/2013 re: to request that the Court move the telephonic hearing. Document filed by Apple Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 09/04/2013)
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Request |
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| 283 |
Filed: 9/4/2013, Entered: None |
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LETTER addressed to Judge Denise L. Cote from Gabriel Gervey dated September 3, 2013 re: Scope of Discovery. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 09/04/2013)
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| 282 |
Filed: 9/4/2013, Entered: None |
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ORDER. A Telephone Conference will be held on 9/6/2013 at 03:30 PM before Judge Denise L. Cote. IT IS FURTHER ORDERED that any letter in response by Apple shall be submitted electronically on ECF, in accordance with the Court's revised Individual Practices in Civil Cases, no later than September 5 at 12:00 p.m (Signed by Judge Denise L. Cote on 9/4/2013) (gr) (Entered: 09/04/2013)
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Request |
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| 281 |
Filed: 9/3/2013, Entered: None |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 8/9/13 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...(Rodriguez, Somari) (Entered: 09/03/2013)
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Request |
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| 280 |
Filed: 9/3/2013, Entered: None |
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TRANSCRIPT of Proceedings re: ARGUMENT held on 8/9/2013 before Judge Denise L. Cote. Court Reporter/Transcriber: Denise Richards, (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 9/27/2013. Redacted Transcript Deadline set for 10/7/2013. Release of Transcript Restriction set for 12/5/2013.(Rodriguez, Somari) (Entered: 09/03/2013)
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Request |
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| 279 |
Filed: 8/30/2013, Entered: None |
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NOTICE of Withdrawal of Tyler B. McCormick as Counsel. Document filed by The State of Missouri. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(McCormick, Tyler) (Entered: 08/30/2013)
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Request |
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| 278 |
Filed: 8/29/2013, Entered: None |
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NOTICE OF APPEARANCE by Theodore J. Boutrous, Jr on behalf of Apple, Inc., Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Boutrous, Theodore) (Entered: 08/29/2013)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 277 |
Filed: 8/28/2013, Entered: None |
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ORDER. As described on the record at the conference held on August 27, 2013, it is hereby ORDERED that the parties are instructed to contact the chambers of Judge Wood prior to September 6 in order to pursue settlement discussions under her supervision in September or October 2013 (Signed by Judge Denise L. Cote on 8/27/2013) (gr) (Entered: 08/28/2013)
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| 276 |
Filed: 8/26/2013, Entered: None |
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LETTER addressed to Judge Cote from Orin Snyder dated 8/26/2013 re: Pursuant to this Court's August 23 order, Apple submits the following two documents to assist the Court in evaluating the parties' proposals concerning an injunction. Document filed by Apple, Inc.. (Attachments: # 1 Exhibit A. Injunction markup, # 2 Exhibit B. Injunction markup)(gr) (Entered: 08/26/2013)
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Request |
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| 275 |
Filed: 8/26/2013, Entered: None |
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LETTER addressed to Judge Cote from Orin Snyder dated 8/23/2013 re: Pursuant to this Court's August 12 order, Apple submits its position on the scope of the injunction. Document filed by Apple, Inc. (Attachments: # 1 Exhibit A. Proposed Form of Final Judgment and Proposed Form of Order Entering Permanent Injunction, # 2 Exhibit B. August 19, 2013 Letter from Orin Snyder to Lawrence Buterman)(gr) (Entered: 08/26/2013)
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Request |
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| 274 |
Filed: 8/26/2013, Entered: None |
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LETTER addressed to Judge Cote from Lawrence E. Buterman dated 8/24/2013 re: We write in response to Apple's letter of August 23 regarding Plaintiffs' Memorandum of Law in Support of Plaintiffs' Revised Proposed Injunction. Document filed by Unites States of America.(gr) (Entered: 08/26/2013)
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Request |
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| 273 |
Filed: 8/26/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Cote from Orin Snyder dated 8/23/2013 re: Apple writes to request that this Court order plaintiffs to withdraw the 12-page brief they filed this morning and instead "submit [a] letter concerning [their] positions on the scope of the injunction," as this Court ordered on August 13. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 8/26/2013) (gr) (Entered: 08/26/2013)
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Request |
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| 272 |
Filed: 8/23/2013, Entered: None |
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ORDER granting 266 Motion for Theodore J. Boutrous, Jr. to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 08/23/2013)
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Request |
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| 271 |
Filed: 8/23/2013, Entered: None |
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DECLARATION of Lawrence E. Buterman in Support re: (384 in 1:11-md-02293-DLC) Memorandum of Law in Support. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 08/23/2013)
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Request |
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| 270 |
Filed: 8/23/2013, Entered: None |
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MEMORANDUM OF LAW in Support of Plaintiffs' Revised Proposed Injunction. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 08/23/2013)
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Request |
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| 269 |
Filed: 8/23/2013, Entered: None |
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ORDER. To assist the Court's consideration of the proposals submitted by the parties, it is hereby ORDERED that Apply shall submit the following two documents by August 26, 2013 at 10:00 a.m.: 1) a red-lined version of the Plaintiffs' Revised Injunction striking any language to which Apple objects; and 2)in the event the Court adopts each of the plaintiffs' substantive requests, a second red-lined version of the Plaintiffs' Revised Injunction providing alternative language that Apple wishes the Court to consider when granting those requests. (Signed by Judge Denise L. Cote on 8/23/2013) (gr) (Entered: 08/23/2013)
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Request |
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| 268 |
Filed: 8/23/2013, Entered: None |
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FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - BRIEF re: (245 in 1:12-cv-03394-DLC) Response Apple's Proposed Injunction and Letter in Support. Document filed by Apple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Snyder, Orin) Modified on 8/23/2013 (ka). (Entered: 08/23/2013)
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Request |
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| 267 |
Filed: 8/23/2013, Entered: None |
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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF in Support of Plaintiffs' Revised Proposed Injunction. Document filed by The State of Texas. (Attachments: # 1 Declaration of Lawrence E. Buterman in Support of Plaintiffs' Revised Proposed Injunction)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) Modified on 8/23/2013 (ka). (Entered: 08/23/2013)
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Request |
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| 266 |
Filed: 8/22/2013, Entered: None |
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MOTION for Theodore J. Boutrous, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8809535. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple Inc.. (Attachments: # 1 Declaration of Orin Snyder, # 2 Exhibit 1, # 3 Text of Proposed Order)(Snyder, Orin) (Entered: 08/22/2013)
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Request |
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| 265 |
Filed: 8/13/2013, Entered: None |
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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)
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Request |
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| 264 |
Filed: 8/13/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Cote from Orin Snyder dated 8/12/2013 re: On behalf of all parties to the above-captioned cases, we respectfully submit this letter to request that the Court hold its next conference with respect to the injunction to be entered on August 27, 2013 at 2 p.m....The parties further propose that they submit letters concerning their respective positions on the scope of the injunction by August 23, 2013 at 10:00 a.m. ENDORSEMENT: Approved. ( Pretrial Conference set for 8/27/2013 at 02:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 8/13/2013) (gr) (Entered: 08/13/2013)
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Request |
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| 263 |
Filed: 8/12/2013, Entered: None |
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ORDER granting 261 Motion for Robert Brooks Bell to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (Cote, Denise) (Entered: 08/12/2013)
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Request |
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| 262 |
Filed: 8/9/2013, Entered: None |
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NOTICE OF APPEARANCE by Christine Louise Demana on behalf of Apple, Inc., Apple Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Demana, Christine) (Entered: 08/09/2013)
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Request |
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| 261 |
Filed: 8/8/2013, Entered: None |
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MOTION for ROBERT BROOKS BELL to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8768943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kobo Inc.. (Attachments: # 1 Certificate of Good Standing - New York, # 2 Certificate of Good Standing - District of Columbia, # 3 Text of Proposed Order for Admission Pro Hac Vice, # 4 Certificate of Service)(Wallance, Gregory) (Entered: 08/08/2013)
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Request |
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| 260 |
Filed: 8/8/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: 259 MOTION for Leave to File An Amicus Curiae Brief In Support Of Proposed Final Judgment.. Document filed by Kobo Inc.. (Attachments: # 1 Certificate of Service)(Wallance, Gregory) (Entered: 08/08/2013)
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Request |
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| 259 |
Filed: 8/8/2013, Entered: None |
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MOTION for Leave to File An Amicus Curiae Brief In Support Of Proposed Final Judgment. Document filed by Kobo Inc.. (Attachments: # 1 Certificate of Service)(Wallance, Gregory) (Entered: 08/08/2013)
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Request |
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| 258 |
Filed: 8/8/2013, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rakuten, Inc. for Kobo Inc.. Document filed by Kobo Inc..(Wallance, Gregory) (Entered: 08/08/2013)
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Request |
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| 257 |
Filed: 8/8/2013, Entered: None |
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Amicus Curiae APPEARANCE entered by Gregory J. Wallance on behalf of Kobo Inc.. (Attachments: # 1 Certificate of Service)(Wallance, Gregory) (Entered: 08/08/2013)
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Request |
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| 256 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from United States of America (Lawrence Buterman) dated 8/8/2013 re: We write in response to the August 7, 2013 joint submission by the Publisher Defendants opposing Sections III.C and IV.A of Plaintiffs' Proposed Final Judgment. Document filed by United States of America. (cr) (Entered: 08/08/2013)
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Request |
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| 255 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Apple Inc. (Orin Snyder) dated 8/8/2013. Document filed by Apple, Inc. Apple respectfully submits its response to this Court's August 5, 2013 Order, and sets forth a list of examples, without prejudice to arguments it may raise on appeal, of evidence that was 'improperly admitted, excluded, or disregarded' before or at trial. (cr) (Entered: 08/08/2013)
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Request |
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| 254 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Orin Snyder dated 8/7/2013 re: On behalf of Apple, we write in response to the August 5, 2013 letter submitted by the Department of Justice opposing Apple's request for a stay of further proceedings. Document filed by Apple, Inc..(gr) (Entered: 08/08/2013)
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Request |
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| 253 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Gabriel R. Gervey, Assistant Attorney General, Texas Attorney General's Office dated 8/6/2013 re: The Plaintiff States oppose Apple's request for a stay of their parens patriae action for consumer damages and civil penalties pending Apple's appeal of the Court's anticipated Final Judgment in United States v. Apple, Case No. 12 Civ. 2826, and any injunction entered in the States' case. (gr) (Entered: 08/08/2013)
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Request |
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| 252 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Lawrence E. Buterman dated 8/5/2013 re: Plaintiff in the law enforcement action write to state their opposition to Apple's requesting a stay of injunctive relief in the United States' and Plaintiffs' recently tried action ("law enforcement action"). (gr) (Entered: 08/08/2013)
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Request |
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| 251 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Gary M. Becker, Assistant Attorney General, State of Connecticut dated 8/2/2013 re: On behalf of counsel for Plaintiff States and Settlement Class, I write in response to the Court's order date July 10, 2013. (gr) (Entered: 08/08/2013)
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Request |
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| 250 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Steve W. Berman dated 8/2/2013 re: In response to the Court's July 10 order and in consultation with Plaintiff States, Class Plaintiffs submit the proposed scheduled attached as Exhibit A. (gr) (Entered: 08/08/2013)
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Request |
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| 249 |
Filed: 8/8/2013, Entered: None |
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LETTER addressed to Judge Cote from Gabriel R. Gervery, Assistant Attorney General, Texas Attorney General's Office dated 8/2/2013 re: In consultation with Class Counsel, the Plaintiff States ("The States") respectfully propose that their action against Apple for consumer damages and civil penaltie3s proceed concurrently with the Class case on the proposed scheduled attached.... (gr) (Entered: 08/08/2013)
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Request |
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| 248 |
Filed: 8/8/2013, Entered: None |
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ORDER: The 3:30 p.m. conference scheduled for August 9, 2013 is moved to 3 p.m. in Courtroom 15B. Pretrial Conference set for 8/9/2013 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 8/8/2013) (gr) (Entered: 08/08/2013)
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Request |
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| 247 |
Filed: 8/6/2013, Entered: None |
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ORDER PRELIMINARILY APPROVING MACMILLAN AND PENGUIN SETTLEMENTS: granting (359) Motion for Settlement in case 1:11-md-02293-DLC; granting (234) Motion for Settlement in case 1:12-cv-03394-DLC; granting (124) Motion for Settlement in case 1:11-md-02293-DLC; granting Motion for Settlement in case 1:12-cv-03394-DLC. 5. The Court, for purposes relating to the Settlement Agreements, confirms the Attorneys General of the States of Texas, Connecticut and Ohio as Liaison Counsel for Plaintiff States. The Court designates Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC as Counsel for the Settlement Class. The Court designates Anthony Petru, Marcus Mathis, Christian Gilstrap, Cynthia J. Tyler, Thomas Friedman, Jeremy Sheppeck, Aloysius J. Brown, III, Anne M. Rinaldi, Laura J. Warner, Barbara Heath, Kathleen Linda Pitlock, Kathleen Weiss, Matthew A. Hosking, Diane Urbanec, Ed Macauley, Ronna Hamelin, James L. Nesmith, Lauren Albert, Sue Roberts, Shane S. Davis, Sue Ellen Gordon, Charles Leonard Pelton, Sr., Kimberly Whiteside Brooks, Steven D.Campbell, and Jessica Moyer as the Settlement Class Plaintiffs. The Court confirms the appointment of Fifth Third Bank as Escrow Agent, and Kinsella Communications and Rust Consulting as the Notice and Claims Administrators for purposes of the implementation of the Settlement Agreements. The Court finds the Settlement Agreements satisfies the requirements of 15 U.S.C. 15, 15c and due process. The terms of the Settlement Agreements and the Distribution Plan are hereby preliminarily approved and notice of them shall be given as provided in this Order. A hearing on final settlement approval (the "Fairness Hearing") is hereby scheduled to be held before the undersigned on December 6, 2013 at 3:00 p.m. Eastern Standard Time in Courtroom No. 15B, United States Courthouse, 500 Pearl Street, New York, NY 10007-1312 to consider the fairness, reasonableness and adequacy of the Settlement, the dismissal with prejudice of this action as to both Macmillan and penguin, and the entry of final judgment in this action. Any eligible Consumer who has not previously filed a request for exclusion from the Settlements may appear at the Fairness Hearing in person or by counsel and may be heard, to the extent allowed by the Court, either in support of or in opposition to the fairness, reasonableness and adequacy of the Settlement, the dismissal with prejudice of this action as to both Macmillan and Penguin and/or the entry of final judgment. Provided, however, no person shall be heard in opposition to the Settlements, dismissal and/or entry of final judgment and no papers or briefs submitted by or on behalf of any such person shall be accepted or considered by the Court, unless on or before October 21, 2013 such person: (a) files with the Clerk of Court a notice of such person's intention to appear as well as a statement that indicates the basis for such person's opposition to the Settlements, the dismissal of claims and/or the entry of final judgment and any documentation in support of such opposition, and (b) serves a copy of such notice, statement and documentation, as well as any other papers or briefs that such person files with the Court, either in person or by mail, upon the Claims Administrator at: E-books AG Settlements Objections, P.O. Box 2825, Faribault, MN 55021-8630. (Signed by Judge Denise L. Cote on 8/5/2013) (Attachments: # 1 Exhibit) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) Modified on 8/6/2013 (djc). Modified on 8/6/2013 (djc). Modified on 8/19/2013 (djc). (Entered: 08/06/2013)
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Request |
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| 246 |
Filed: 8/5/2013, Entered: None |
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ORDER. IT IS HEREBY ORDERED that Apply shall submit a letter to the Court by August 8 at 10:00 a.m. identifying the evidence it believes was "improperly admitted, excluded, or disregarded." (Signed by Judge Denise L. Cote on 8/5/2013) (gr) (Entered: 08/05/2013)
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Request |
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| 245 |
Filed: 8/2/2013, Entered: None |
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RESPONSE re: 244 Brief, APPLE INC.S MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF UNITED STATES PROPOSED FINAL JUDGMENT AND PLAINTIFF STATES PROPOSED ORDER ENTERING PERMANENT INJUNCTION. Document filed by Apple Inc.. (Snyder, Orin) (Entered: 08/02/2013)
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Request |
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| 244 |
Filed: 8/2/2013, Entered: None |
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BRIEF in Support of Plaintiffs' Proposed Injunction. Document filed by The State of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 08/02/2013)
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Request |
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| 243 |
Filed: 7/12/2013, Entered: None |
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|
ENDORSED LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated 7/11/2013 re: The Settlement Agreement with Macmillan provides that Plaintiffs' Motion for Final Approval of the Settlements shall be submitted within 30 days of the end of the Notice Period, which is, under this schedule, Saturday, October 26th, which we propose be moved to Monday, October 28, 2013. Paragraph 19 of the proposed Preliminary Approval Order requires the Final Approval papers be submitted at least ten calendar days before the Fairness Hearing, which would be Wednesday November 7, 2013. Therefore, Plaintiffs request this Court schedule the Fairness Hearing for November 7, 2013, or such later date as fits the Court's schedule. ENDORSEMENT: The revised notice is approved. Review and execution of the preliminary approval order shall await the 8/2/13 submission. (Signed by Judge Denise L. Cote on 7/12/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) Modified on 7/25/2013 (djc). (Entered: 07/25/2013)
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Request |
|
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| 242 |
Filed: 7/23/2013, Entered: None |
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|
LETTER addressed to Judge Denise L. Cote from Rebecca Fisher dated 7/10/2013 re: After further discussion with defense counsel, and to assist your review of the proposed settlements between Plaintiffs and Macmillan and Penguin and the proposed class settlement for Minnesota residents, attached please find a revised chart that provides estimated damages and settlement amounts for each of the five settling publishers. The only revision was to add the asterisked language. I have circulated this revised chart among all counsel for settling defendants. If additional information would be useful in your review, please contact me. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(djc) (Entered: 07/23/2013)
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Request |
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| 241 |
Filed: 7/11/2013, Entered: None |
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MANDATE of USCA (Certified Copy) USCA Case Number 13-1744. In light of the Petitioner's letter dated May 22, 2013, IT IS HEREBY ORDERED that the petition for writ of mandamus is deemed withdrawn. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/11/2013. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(nd) (Entered: 07/12/2013)
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Request |
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|
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| 240 |
Filed: 7/11/2013, Entered: None |
|
|
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MEMORANDUM OF LAW in Support re: (234 in 1:12-cv-03394-DLC) MOTION for Settlement for Preliminary Approval of Settlements. Amended Notice Plan (Ex. D). Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Fisher, Rebecca) Modified on 7/11/2013 (db). (Entered: 07/11/2013)
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Request |
|
|
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| 239 |
Filed: 7/10/2013, Entered: None |
|
|
ORDER. The Court having filed its trial Opinion in "The State of Texas, et al. v. Penguin Group (USA) Inc., et al., 12 Civ. 3394 (DLC)" and related action "United States of America v. Apple, Inc., 12 Civ. 2826 (DLC)", on July 10, 2013, it is hereby ORDERED that the parties seeking preliminary approval of settlements in the above-captioned actions shall advise the Court no later than August 2, 2013 whether they wish to proceed with final approval and distribution of these settlement amounts at this time or wish to defer those proceedings. (gr) (Entered: 07/10/2013)
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Request |
|
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| 238 |
Filed: 7/10/2013, Entered: None |
|
|
ORDER: the Plaintiffs shall serve a proposed injunction on Apple by July 19, 2013. The parties shall submit to the Court by August 2, 2013 any joint or separate submissions with respect to the proposed injunction.IT IS FURTHER ORDERED that a conference shall be held in these actions on August 9, 2013 at 3:30 p.m. In preparation for that conference, the parties shall submit to the Court by August 2, 2013 joint or separate proposals as to completion of discovery and a schedule for any trial on damages. IT IS FURTHER ORDERED that the parties are instructed to contact the chambers of Judge Wood promptly in order to pursue settlement discussions under her supervision. Pretrial Conference set for 8/9/2013 at 03:30 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/10/2013) (gr) (Entered: 07/10/2013)
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Request |
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| 237 |
Filed: 7/10/2013, Entered: None |
|
|
OPINION & ORDER. Based on the trial record, and for the reasons stated herein, this Court finds by a preponderance of the evidence that Apple conspired to restrain trade in violation of Section 1 of the Sherman Act and relevant state statutes to the extent those laws are congruent with Section 1. A scheduling order will follow regarding the Plaintiffs request for injunctive relief and damages. (Signed by Judge Denise L. Cote on 7/10/2013) (gr) (Entered: 07/10/2013)
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Request |
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| 236 |
Filed: 7/1/2013, Entered: None |
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|
ORDER that a telephone conference will be held to discuss preliminary approval of these settlements on 7/9/2013 at 2 p.m. Counsel representing parties in any related litigation may also participate in the teleconference. Telephone Conference set for 7/9/2013 at 02:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/1/2013) (gr) (Entered: 07/01/2013)
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Request |
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| 235 |
Filed: 6/21/2013, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: (359 in 1:11-md-02293-DLC, 82 in 1:12-cv-06625-DLC, 234 in 1:12-cv-03394-DLC) MOTION for Settlement for Preliminary Approval of Settlements.. Document filed by The State of Texas. (Attachments: # 1 Exhibit Macmillan Settlement Agreement, # 2 Exhibit Penguin Settlement Agreement, # 3 Exhibit Dr. Wickelgren Declaration, # 4 Exhibit Notice Plan, # 5 Exhibit Kinsella Declaration, # 6 Exhibit Rust Declaration, # 7 Exhibit Distribution Plan, # 8 Exhibit Proposed Order for Prel Approval)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Fisher, Rebecca) (Entered: 06/21/2013)
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Request |
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| 234 |
Filed: 6/21/2013, Entered: None |
|
|
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)
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Request |
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| 233 |
Filed: 6/19/2013, Entered: None |
|
|
LETTER addressed to Judge Cote from Daniel G. Swanson dated 6/17/2013 re: During proceedings on June 10, 2013, the Court instructed the parties to confer as to whether the following underscored sentence of Dr. Burtis's revised testimony constitutes a new opinion, not previously disclosed. Document filed by Apple, Inc.(gr) (Entered: 06/19/2013)
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Request |
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| 232 |
Filed: 6/19/2013, Entered: None |
|
|
LETTER addressed to Judge Cote from Jonathan M. Jacobson dated 6/3/2013 re: We represent Google Inc., a non-party in these cases. Pursuant to the Court's direction this morning, the parties have advised Google of the trial exhibits containing highly confidential Google material that they plan actually to offer at trial. (gr) (Entered: 06/19/2013)
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Request |
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| 231 |
Filed: 6/19/2013, Entered: None |
|
|
LETTER addressed to Judge Cote from Amanda C. Croushore dated 6/4/2013 re: We represent non-party Random House, Inc. in connection with the referenced action. With your Honor's permission, as directed in court this morning, we respectfully submit this letter to explain Random House's position regarding the confidentiality of one Random House document (RH-USOD-00017229) that the Government has informed us it intends to use as an exhibit at trial. (gr) (Entered: 06/19/2013)
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Request |
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| 230 |
Filed: 6/19/2013, Entered: None |
|
|
LETTER addressed to Judge Cote from Daniel G. Swanson dated 6/9/2013 re: We write to address the States' requested relief in this case. The Court has ruled that the current bench trial "would address issues of liability and injunctive relief" only, and "clarified on two occasions that there would be a separate trial to determine any damages amount." Document filed by Apple, Inc..(gr) (Entered: 06/19/2013)
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Request |
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| 229 |
Filed: 6/12/2013, Entered: None |
|
|
Letter addressed to Judge Cote from David Ashton, Assistant Attorney General dated 6/10/2013 re: We write to briefly respond to Apple's letter of June 9 regading the States' requests for non-injuncitve relief, including civil penalties under state law. Document filed by The State of Texas.(gr) (Entered: 06/12/2013)
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Request |
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| 228 |
Filed: 5/29/2013, Entered: None |
|
|
ORDER GRANTING PLAINTIFF STATES' MOTION TO VOLUNTARILY DISMISS CERTAIN STATE LAW CLAIMS: Upon consideration of the Plaintiff States' Motion to Voluntarily Dismiss Certain State Law Claims, the Court has determined that the Motion to Dismiss should be, and is hereby, GRANTED. (Signed by Judge Denise L. Cote on 5/29/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(lmb) (Entered: 05/29/2013)
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Request |
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| 227 |
Filed: 5/29/2013, Entered: None |
|
|
MEMO ENDORSEMENT granting 226 Motion to Dismiss. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/29/2013) (lmb) (Entered: 05/29/2013)
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Request |
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| 226 |
Filed: 5/28/2013, Entered: None |
Motion to Dismiss |
|
MOTION to Dismiss Plaintiff States' Motion to Voluntarily Dismiss Certain State Law Claims. Document filed by The State of Texas. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiff States' Motion to Dismiss Certain State Law Claims)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) (Entered: 05/28/2013)
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| 226 |
Filed: None, Entered: None |
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| 225 |
Filed: 5/22/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Cote from Rebecca Fisher, Doreen C. Johnson, Gary M. Becker, Jeff D. Friedman dated 5/22/2013 re: On behalf of Plaintiff States and Settlement Class, we request a thirty-day extension to file our Motion for Preliminary Approval of the settlement between Plaintiffs and Holtzbrinck Publishers, LLC, d/b/a Macmillan. ENDORSEMENT: Preliminary approval papers are due 6/21/13. (Signed by Judge Denise L. Cote on 5/22/2013) (gr) (Entered: 05/22/2013)
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Request |
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| 224 |
Filed: 5/22/2013, Entered: None |
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ENDORSED LETTER addressed to Judge cote from Daniel F. McInnis dated 5/22/2013 re: we respectfully withdraw all pending motions. See Dkt. No 335; Dkt No.337. ENDORSEMENT: The two motions--335 and 337--filed in 11 MD 2293 are deemed withdrawn. Penquin is not required to attend the 5/23 pretrial conference and will not be offering its evidence at the trial. (Signed by Judge Denise L. Cote on 5/22/2013) (gr) (Entered: 05/22/2013)
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Request |
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| 223 |
Filed: 5/17/2013, Entered: None |
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Letter addressed to Judge Cote from Howard E. Heiss dated 5/15/2013 re: Amazon seeks to shield from public disclosure evidence that undermines Plaintiffs' case and Amazon's three supporting declarations. But Amazon does not come close to meeting the legal standards for sealing at trial. Apple respectfully submits that the Court should grant public access to this information by denying Amazon's extensive and disruptive redaction requests. Document filed by Apple, Inc., Apple Inc.(gr) (Entered: 05/17/2013)
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Request |
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| 222 |
Filed: 5/16/2013, Entered: None |
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PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apple Inc..(Snyder, Orin) (Entered: 05/16/2013)
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Request |
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| 221 |
Filed: 5/16/2013, Entered: None |
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PRETRIAL MEMORANDUM. Document filed by Apple Inc..(Snyder, Orin) (Entered: 05/16/2013)
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| 220 |
Filed: 5/15/2013, Entered: None |
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ORDER. By letters dated May 15, 2013, non-party Amazon seeks to redact portions of parties' pretrial filings. It is hereby ORDERED that a teleconference will be held on May 16, 2013 at 11 a.m. ( Telephone Conference set for 5/16/2013 at 11:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/15/2013) (gr) (Entered: 05/15/2013)
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Request |
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| 219 |
Filed: 5/15/2013, Entered: None |
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JOINDER to join Apple Inc.'s Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial Any Opinion on Competitive Effects. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 218 |
Filed: 5/15/2013, Entered: None |
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JOINDER to join re: (205 in 1:12-cv-03394-DLC) MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF PROFESSORS BAKER AND ASHENFELTER.. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 217 |
Filed: 5/15/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 216 |
Filed: 5/15/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: (211 in 1:12-cv-03394-DLC, 335 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 215 |
Filed: 5/15/2013, Entered: None |
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DECLARATION of Allison Sheedy in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 214 |
Filed: 5/15/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: (213 in 1:12-cv-03394-DLC, 337 in 1:11-md-02293-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
|
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| 213 |
Filed: 5/15/2013, Entered: None |
Motion to Compel |
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MOTION to Compel Arbitration. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 212 |
Filed: 5/15/2013, Entered: None |
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|
MEMORANDUM OF LAW in Support re: (211 in 1:12-cv-03394-DLC, 335 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
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Request |
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| 211 |
Filed: 5/15/2013, Entered: None |
Motion in Limine |
|
MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/15/2013)
|
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Request |
|
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| 210 |
Filed: 5/14/2013, Entered: None |
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|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Opposition to Plaintiffs' Motion in Limine to Preclude Dr. Michelle Burtis from Offering at Trial an Opinion on Competitive Effects. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). (Entered: 05/14/2013)
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Request |
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| 209 |
Filed: 5/14/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: 205 MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF PROFESSORS BAKER AND ASHENFELTER.. Document filed by Apple Inc.. (Snyder, Orin) (Entered: 05/14/2013)
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Request |
|
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| 208 |
Filed: 5/14/2013, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: (329 in 1:11-md-02293-DLC, 202 in 1:12-cv-03394-DLC) MOTION to Compel Arbitration.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). (Entered: 05/14/2013)
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Request |
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| 207 |
Filed: 5/14/2013, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY to Response to Motion re: (201 in 1:12-cv-03394-DLC, 328 in 1:11-md-02293-DLC) MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications.. Document filed by Penguin Group (USA) Inc.. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). (Entered: 05/14/2013)
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Request |
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| 206 |
Filed: 5/14/2013, Entered: None |
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OPPOSITION BRIEF re: (189 in 1:12-cv-03394-DLC, 320 in 1:11-md-02293-DLC) Pretrial Memorandum. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/14/2013)
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Request |
|
|
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| 205 |
Filed: 5/14/2013, Entered: None |
Motion in Limine |
|
MOTION in Limine / APPLE INC.'S MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF PROFESSORS BAKER AND ASHENFELTER. Document filed by Apple Inc..(Snyder, Orin) (Entered: 05/14/2013)
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Request |
|
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| 204 |
Filed: 5/14/2013, Entered: None |
|
|
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apple Inc..(Snyder, Orin) (Entered: 05/14/2013)
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Request |
|
|
|
| 203 |
Filed: 5/14/2013, Entered: None |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Penguin Group (USA), Inc. Joinder of Apple Inc's Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. Document filed by Penguin Group (USA) Inc..Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). (Entered: 05/14/2013)
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Request |
|
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| 202 |
Filed: 5/14/2013, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Arbitration. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Declaration of Allison Sheedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). (Entered: 05/14/2013)
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Request |
|
|
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| 201 |
Filed: 5/14/2013, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION in Limine To Exclude Certain Anticipated Testimony Regarding the "Appropriateness" of Communications. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) Modified on 5/15/2013 (ldi). (Entered: 05/14/2013)
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Request |
|
|
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| 200 |
Filed: 5/14/2013, Entered: None |
|
|
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Penguin Group (USA) Inc..Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/14/2013)
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Request |
|
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| 199 |
Filed: 5/14/2013, Entered: None |
|
|
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Apple Inc..(Snyder, Orin) (Entered: 05/14/2013)
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|
Request |
|
|
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| 198 |
Filed: 5/14/2013, Entered: None |
|
|
PRETRIAL MEMORANDUM. Document filed by Apple Inc..(Snyder, Orin) (Entered: 05/14/2013)
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Request |
|
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| 197 |
Filed: 5/14/2013, Entered: None |
|
|
PRETRIAL MEMORANDUM. Document filed by Penguin Group (USA) Inc..Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 05/14/2013)
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Request |
|
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| 196 |
Filed: 5/14/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Cote from Daniel F. McInnis dated 5/14/2013 re: Penquin has conferred with all third parties whose documents or data are referenced in Penquin's pre-trial submissions. Penquin is prepared to publically file on ECF the documents listed in their letter. ENDORSEMENT: The documents on the first page may be promptly filed. The two documents listed on the second page shall be filed in redacted form. The Court shall promptly review the redacted material. (Signed by Judge Denise L. Cote on 5/14/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(gr) (Entered: 05/14/2013)
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Request |
|
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| 195 |
Filed: 5/14/2013, Entered: None |
|
|
PRETRIAL MEMORANDUM. Document filed by The State of Texas. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33)Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 05/14/2013)
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Request |
|
|
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| 194 |
Filed: 5/14/2013, Entered: None |
|
|
OPPOSITION BRIEF Plaintiff States' Response to Penguin's Motion to Compel Arbitration. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 05/14/2013)
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Request |
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| 193 |
Filed: 5/14/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Cote from Gabriel R. Gervey, Assistant Attorney General, Texas Attorney General's Office dated 5/14/2013 re: Accordingly, the Plaintiff States' are prepared to immediately file electronically on ECF the aforementioned documents, and respectfully request permission from the Court to do so. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/14/2013) (gr) (Entered: 05/14/2013)
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Request |
|
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| 192 |
Filed: 5/14/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Cote from Howard E. Heiss dated 5/14/2013 re: We write on behalf of Apple. We request permission to file the nine documents listed, which are unaffected by Amazon's redactions, and await the Court's direction with respect to the filing of Apple's Proposed Findings of Fact and Pre-trial Memorandum. ENDORSEMENT: Apple may file the pre-trial papers as to which there have been no redaction requests. It may file the 2 documents as to which there are redaction requests in redacted form. The Court shall promptly review the requests. (Signed by Judge Denise L. Cote on 5/14/2013) (gr) (Entered: 05/14/2013)
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Request |
|
|
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| 191 |
Filed: 5/14/2013, Entered: None |
|
|
OPPOSITION BRIEF Plaintiff States' Response to Apple Inc.'s Motion in Limine to Exclude the Expert Testimony of Professors Baker and Ashenfelter. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 05/14/2013)
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Request |
|
|
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| 190 |
Filed: 5/14/2013, Entered: None |
|
|
OPPOSITION BRIEF Plaintiff States' Response to Penguin's Memorandum of Law. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 05/14/2013)
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Request |
|
|
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| 189 |
Filed: 5/14/2013, Entered: None |
|
|
PRETRIAL MEMORANDUM. Document filed by The State of Texas.Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 05/14/2013)
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|
Request |
|
|
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| 188 |
Filed: 5/14/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Cote from Lawrence E. Buterman dated 5/14/2013 re: Consistent with our May 13 letter to the Court, after conferring with Defendants and all third parties whose documents or data are referenced in Plaintiffs' pretrial papers, Plaintiffs have been informed that there are no confidentiality issues with respect to the following documents. Accordingly, Plaintiffs are prepared to immediately file the aforementioned documents on ECF, and respectfully request permission from the Court to do so. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/14/2013) (gr) (Entered: 05/14/2013)
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|
Request |
|
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| 187 |
Filed: 5/13/2013, Entered: None |
|
|
Letter addressed to Judge Denise L. Cote from Orin Snyder dated 5/13/2013 re: Instead, as my letter of earlier today states, Apple asks Your Honor only to order that where a third party's proposed redactions affect the public filing of the pre-trial submissions themselves, that party submit the relevant exhibits containing the purportedly confidential information to the Court. Document filed by Apple, Inc..(man) (Entered: 05/14/2013)
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|
Request |
|
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| 186 |
Filed: 5/13/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated 5/13/2013 re: Because Apple's proposed Order would result in an unnecessary delay in making the pretrial papers public, the United States respectfully requests that Apple's proposed Order be denied. Instead, the United States requests permission to identify to the Court within the next 24 hours any excerpts from its pretrial papers on which third parties are requesting redactions, or alternatively to inform the Court that no redactions are necessary and that the pretrial papers are ready to be filed publicly. ENDORSEMENT: Approved. All parties to the June 3 trial shall follow this procedure. (Signed by Judge Denise L. Cote on 5/13/2013) (rdz) Modified on 5/16/2013 (rdz). (Entered: 05/14/2013)
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|
Request |
|
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| 185 |
Filed: 5/13/2013, Entered: None |
|
|
Letter addressed to Judge Denise L. Cote from Orin Snyder dated 5/13/2013 re: Accordingly, Apple respectfully requests that the Court issue an order (1) directing all third parties that wish to redact portions of trial exhibits affecting the pre-trial submissions to submit to the Court such exhibits, in both clean copy and with proposed redactions highlighted in yellow, by a date specified by the Court, and (2) directing the litigating parties to submit redacted copies of their pre-trial submissions to the Court for public filing within twenty-four (24) hours of the Court's issuing an order redacting any third-party exhibit to the extent necessary to conform to the Court's order. Document filed by Apple, Inc..(rdz) Modified on 5/16/2013 (rdz). (Entered: 05/14/2013)
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Request |
|
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| 184 |
Filed: 5/10/2013, Entered: None |
|
|
ENDORSED LETTER addressed to Judge Denise Cote from Orin Snyder dated 5/10/2013 re: We represent Apple. Earlier this week, in response to our request, Your Honor kindly agreed to move the final pre-trial conference in the above-captioned matters to Thursday, May 23, at 2:30p.m. if all parties consented. All parties have graciously consented to the new date and time. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 5/10/2013) (mt) (Entered: 05/10/2013)
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Request |
|
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| 183 |
Filed: 5/9/2013, Entered: None |
|
|
NOTICE OF APPEARANCE by Nicholas Mark Sydow on behalf of The State of New Mexico (Sydow, Nicholas) (Entered: 05/09/2013)
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Request |
|
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| 182 |
Filed: 5/7/2013, Entered: None |
|
|
ORDER: On April 15, 2013, the Court ordered that third parties seeking redaction of either documents or deposition excerpts which the parties are offering as evidence in their direct cases at trial must make any application by May 8. By letters dated May 3 and May 6, respectively, non-parties Google Inc. and Amazon.com, Inc. request an extension of the May 8 deadline and clarification of the non-parties' obligations pursuant to the April 15 order. It is hereby ORDERED that a teleconference to discuss these issues will be held on May 8, 2013 at 3:30 p.m. IT IS FURTHER ORDERED that the May 8 deadline for redaction requests is extended sine die. IT IS FURTHER ORDERED that coordinating counsel for the parties shall notify any non-parties affected by this Order of the May 8 teleconference. Counsel representing parties in any related litigation may also participate in this teleconference., ( Telephone Conference set for 5/8/2013 at 03:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2013) (lmb) (Entered: 05/07/2013)
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|
Request |
|
|
|
| 181 |
Filed: 5/7/2013, Entered: None |
|
|
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)
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Request |
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| 180 |
Filed: 5/6/2013, Entered: None |
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Cynthia E. Richman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8485125. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apple, Inc., Apple Inc.. (Attachments: # 1 Declaration of Orin S. Snyder, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Snyder, Orin) Modified on 5/7/2013 (bwa). (Entered: 05/06/2013)
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Request |
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| 179 |
Filed: 5/6/2013, Entered: None |
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NOTICE OF APPEARANCE by Lisa Heather Rubin on behalf of Apple, Inc., Apple Inc. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Rubin, Lisa) (Entered: 05/06/2013)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 178 |
Filed: 5/6/2013, Entered: None |
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NOTICE OF APPEARANCE by Orin Snyder on behalf of Apple, Inc., Apple Inc. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(Snyder, Orin) (Entered: 05/06/2013)
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Request |
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| 177 |
Filed: 4/26/2013, Entered: None |
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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)
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Request |
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| 176 |
Filed: 4/29/2013, Entered: None |
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ORDER: It is hereby ORDERED that, if the States wish to proceed on their Count IV state law claims, the States shall file by May 6, 2013 a supplemental brief providing, at minimum: (i) copies of any relevant state statutes in effect at the time of the alleged misconduct, (ii) citations to opinions, preferably from a state's highest court, describing the elements of the state law cause of action, and (iii) authority describing the extent to which any finding under Section 1 of the Sherman Act might affect those state law claims. IT IS FURTHER ORDERED that any responsive defendants' brief shall be filed by May 17, 2013., ( Brief due by 5/6/2013., Responses due by 5/17/2013.) (Signed by Judge Denise L. Cote on 4/29/2013) (lmb) (Entered: 04/29/2013)
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Request |
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| 174 |
Filed: 4/26/2013, Entered: None |
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Letter addressed to Judge Denise L. Cote from Rebecca Fisher dated 4/25/2013 re: On behalf of counsel for Plaintiff States, Settlement Class and Macmillan, I am pleased to report we have executed a Settlement Agreement. In the meantime, the parties to this Settlement Agreement request your approval of the Joint Stipulation Adjourning Pre-trial Deadlines Concerning Defendants Holtzbrinck Publishers, LLC d/b/a Macmillan and Verlagsgruppe Georg Von Holtzbrinck GMBH which was filed with the clerk yesterday. Document filed by The State of Texas.(lmb) (Entered: 04/26/2013)
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Request |
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| 173 |
Filed: 4/26/2013, Entered: None |
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JOINT STIPULATION ADJOURNING PRE-TRIAL DEADLINES CONCERNING DEFENDANTS HOLTZBRINCK PUBLISHERS, LLC D/B/A MACMILLAN AND VERLAGSGRUPPE GEORG VON HOLTZBRINCK GMBH: The parties to this Joint Stipulation, by and through the undersigned counsel, hereby stipulate and agree as follows: Macmillan and VGvH will not participate as defendants in the Trial. The Pre-Trial Deadlines and all other existing and future deadlines and requirements pertaining to the Trial shall not apply to Macmillan or to VGvH, and shall not apply to Plaintiffs insofar as they concern Macmillan or VGvH, unless otherwise ordered by the Court. In the event that this Court does not approve any of the settlements between the U.S. Department of Justice, the plaintiff States, Macmillan, and VGvH, the parties to any such disapproved settlement shall meet and confer within ten (10) days of the Order disapproving the settlement to devise a plan for trial or other resolution of their claims to present to this Court for its approval. This Joint Stipulation is without prejudice to any claims by Plaintiffs against Macmillan and VGvH, and any defenses thereto, in the event that the Court does not approve one or more of the settlements between those parties, in whole or in part. (Signed by Judge Denise L. Cote on 4/26/2013) (lmb) (Entered: 04/26/2013)
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Request |
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| 172 |
Filed: 4/24/2013, Entered: None |
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OPINION AND ORDER re: #103149 (150 in 1:12-cv-03394-DLC, 300 in 1:11-md-02293-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS filed by Penguin Group (USA) Inc. Penguin's March 15, 2013 motion for a jury trial on the States' claims is denied. (Signed by Judge Denise L. Cote on 4/24/2013) (lmb) Modified on 4/29/2013 (jab). (Entered: 04/24/2013)
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| 172 |
Filed: None, Entered: None |
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| 171 |
Filed: 4/19/2013, Entered: None |
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NOTICE OF APPEARANCE by Kim M. Van Winkle on behalf of The State of Texas (Van Winkle, Kim) (Entered: 04/19/2013)
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Request |
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| 170 |
Filed: 4/18/2013, Entered: None |
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NOTICE OF APPEARANCE by John Barret Scott on behalf of The State of Texas (Scott, John) (Entered: 04/18/2013)
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Request |
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| 169 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Gabriel R. Gervey, Assistant Attorney General dated 4/15/2013 re: The Plaintiff States write in response to Penguin's 4/13/13 letter regarding our response to Penguin's Contention Interrogatory No. 8. Document filed by The State of Texas.(gr) (Entered: 04/17/2013)
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Request |
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| 168 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Eric Lipman, Assistant Attorney General dated 4/15/2013 re: We write in response to Penguin's letter of April 13, in which it asserts, once again, that its participation in the June 3 trial will cause procedural problems and complicate the proceedings. Document filed by The State of Texas.(gr) (Entered: 04/17/2013)
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Request |
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| 167 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Daniel F. McInnis dated 4/13/2013 re: I write on behalf of Penguin to seek an order compelling Plaintiff States to answer a simple contention interrogatory that goes to the very heart of Penguin's defense in this matter and for which fundamental fairness requires that Plaintiff States take a definitive position. Document filed by Penguin Group (USA) Inc.(gr) (Entered: 04/17/2013)
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Request |
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| 166 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Lawrence E. Buterman dated 4/15/2013 re: We write in response to Penguin's April 13 letter. Document filed by United States of America.(gr) (Entered: 04/17/2013)
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Request |
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| 165 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Daniel F. McInnis dated 4/13/2013 re: we write in support of, and joining, Apple's letter to the Court, dated 4/12/13, regarding the potentially inappropriate use of inadmissible non-party materials by the plaintiffs. Document filed by Penguin Group (USA), Inc.(gr) (Entered: 04/17/2013)
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Request |
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| 164 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Orin Snyder dated 4/13/2013 re: respectfully submit this letter to clarify a sentence in our letter to the Court dated 4/12/2013. Document filed by Apple, Inc.(gr) (Entered: 04/17/2013)
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Request |
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| 163 |
Filed: 4/17/2013, Entered: None |
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Letter addressed to Judge Cote from Orin Snyder dated 4/12/2013 re: the parties' April 26 trial submissions. Document filed by Apple, Inc..(gr) (Entered: 04/17/2013)
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| 163 |
Filed: None, Entered: None |
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| 162 |
Filed: 4/15/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Carrie A. Syme dated 4/4/2013 re: We write on behalf of the United States and Plaintiff States in the above-referenced matters to seek the Court's guidance regarding certain scheduling and logistical matters relating to the pre-trial filings due April 26, 2013. ENDORSEMENT: Any third party seeking redaction of either documents or deposition excerpts which the parties are offering as evidence in their direct cases at trial must make its application by 5/8/13. The expansion of page limits on memoranda is approved. The parties shall submit one paper and one electronic copy of exhibits., ( Motions due by 5/8/2013.) (Signed by Judge Denise L. Cote on 4/15/2013) (lmb) Modified on 4/17/2013 (lmb). Modified on 4/17/2013 (lmb). (Entered: 04/15/2013)
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| 162 |
Filed: None, Entered: None |
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| 161 |
Filed: 4/5/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: (152 in 1:12-cv-03394-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 04/05/2013)
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Request |
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| 160 |
Filed: 4/5/2013, Entered: None |
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REPLY MEMORANDUM OF LAW in Support re: (150 in 1:12-cv-03394-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 04/05/2013)
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Request |
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| 159 |
Filed: 4/5/2013, Entered: None |
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NOTICE OF APPEARANCE by Lynette Renee Bakker on behalf of The State of Kansas Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Bakker, Lynette) (Entered: 04/05/2013)
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Request |
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| 158 |
Filed: 3/29/2013, Entered: None |
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DECLARATION of David Ashton in Support re: (157 in 1:12-cv-03394-DLC) Memorandum of Law in Opposition to Motion. Document filed by The State of Texas. (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)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) (Entered: 03/29/2013)
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Request |
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| 157 |
Filed: 3/29/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: (150 in 1:12-cv-03394-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Ashton, David) (Entered: 03/29/2013)
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Request |
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| 156 |
Filed: 3/29/2013, Entered: None |
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ORDER granting (305) Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting (154) Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:12-cv-03394-DLC; granting [] Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for Mollie McGowan Lemberg to Appear Pro Hac Vice in case 1:12-cv-03394-DLC (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Cote, Denise) (Entered: 03/29/2013)
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Request |
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| 155 |
Filed: 3/28/2013, Entered: None |
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MEMORANDUM OF LAW in Opposition re: (152 in 1:12-cv-03394-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by The State of Texas. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lipman, Eric) (Entered: 03/28/2013)
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Request |
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| 154 |
Filed: 3/27/2013, Entered: None |
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MOTION for Mollie McGowan Lemberg to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8362913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Penguin Group (USA) Inc., Penguin Group USA, Inc., The Penguin Group. (Attachments: # 1 Exhibit Certificates of Good Standing, # 2 Text of Proposed Order Text of Proposed Order, # 3 Exhibit Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(Lemberg, Mollie) (Entered: 03/27/2013)
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Request |
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| 153 |
Filed: 3/15/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: (152 in 1:12-cv-03394-DLC, 302 in 1:11-md-02293-DLC) MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) (Entered: 03/15/2013)
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Request |
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| 152 |
Filed: 3/15/2013, Entered: None |
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MOTION APPLICATION OF PENGUIN GROUP (USA), INC. TO PRESENT THE LIVE DIRECT TESTIMONY OF DAVID SHANKS AND JOHN MAKINSON. Document filed by Penguin Group (USA) Inc.. Return Date set for 3/29/2013 at 11:59 PM.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) (Entered: 03/15/2013)
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Request |
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| 151 |
Filed: 3/15/2013, Entered: None |
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MEMORANDUM OF LAW in Support re: (150 in 1:12-cv-03394-DLC, 300 in 1:11-md-02293-DLC) MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Appendix Certificate of Service)Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) (Entered: 03/15/2013)
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Request |
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| 150 |
Filed: 3/15/2013, Entered: None |
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MOTION FOR A JURY TRIAL ON THE PLAINTIFF STATES' CLAIMS. Document filed by Penguin Group (USA) Inc.. Return Date set for 3/29/2013 at 11:59 PM.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(McInnis, Daniel) (Entered: 03/15/2013)
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Request |
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| 149 |
Filed: 2/27/2013, Entered: None |
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ORDER: It is hereby ORDERED that defendant Apple's challenge to non-party Amazon's invocation of the attorney-client privilege is denied. IT IS FURTHER ORDERED that defendant Penguin's request not to participate in the June 2013 trial is denied. IT IS FURTHER ORDERED that Penguin shall provide its initial witness list by March 1, 2013. To the extent that Penguin wishes to file a motion (i) to assert its right not to defend against the lawsuit brought by plaintiff States at the June 2013 trial and/or (ii) to request to hear live direct testimony of two Penguin executives in exception to the Court's Individual Practices, that motion is due March 15, 2013. Opposition by plaintiff States and by any parties in related litigation is due March 29, 2013. Penguin's reply, if any, is due April 5, 2013. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers to Chambers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. ( Motions due by 3/15/2013., Responses due by 3/29/2013., Replies due by 4/5/2013.) (Signed by Judge Denise L. Cote on 2/27/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb) (Entered: 02/27/2013)
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Request |
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| 148 |
Filed: 2/27/2013, Entered: None |
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Letter addressed to Judge Cote from State of Texas (Eric Lipman) dated 2/25/2013 re: Penguin participation in June trial. Document filed by The State of Texas. (cr) (Entered: 02/27/2013)
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Request |
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| 147 |
Filed: 2/27/2013, Entered: None |
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Letter addressed to Judge Cote from Penguin (Daniel McInnis) dated 2/22/2013 re: Penguin participation in June trial. Document filed by Penguin Group (USA) Inc. (cr) (Entered: 02/27/2013)
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Request |
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| 146 |
Filed: 2/25/2013, Entered: None |
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ORDER: It is hereby ORDERED that Apple's February 14 redaction requests and Amazon's February 19 redaction requests are denied. Apple and Amazon will be given an opportunity at the 4:30 p.m. Conference to explain why any of their proposed redactions should be made. IT IS FURTHER ORDERED that the Court will also discuss at the 4:30 p.m. Conference (i) class plaintiffs' discovery dispute with Penguin, and (ii) Penguin's participation in the June 2013 trial. (Signed by Judge Denise L. Cote on 2/25/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(lmb) (Entered: 02/25/2013)
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Request |
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| 145 |
Filed: 2/22/2013, Entered: None |
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NOTICE OF CHANGE OF ADDRESS by Devin M. Laiho on behalf of The State of Colorado. New Address: Colorado Department of Law, Consumer Protection, 1300 Broadway, Seventh Floor, Denver, CO, USA 80203, 720-508-6000. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(Laiho, Devin) (Entered: 02/22/2013)
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Request |
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| 144 |
Filed: 2/19/2013, Entered: None |
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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)
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Request |
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| 143 |
Filed: 2/15/2013, Entered: None |
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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)
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Request |
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| 142 |
Filed: 2/15/2013, Entered: None |
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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)
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Request |
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| 141 |
Filed: 2/15/2013, Entered: None |
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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)
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Request |
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| 140 |
Filed: 1/17/2013, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 1/16/2013 re: Penguin writes in response to Plaintiff States letter dated 1/15/2012. ENDORSEMENT: The conference call with the Court will take place on 1/22 at 4:00 pm. ( Telephone Conference set for 1/22/2013 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 1/17/2013) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(cd) (Entered: 01/17/2013)
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Request |
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| 139 |
Filed: 1/8/2013, Entered: None |
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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)
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Request |
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| 138 |
Filed: 12/19/2012, Entered: None |
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JOINT STIPULATION AND ORDER REGARDING DATE FOR EXCHANGE OF TRIAL WITNESS LISTS: WHEREAS, Attachment A to the Revised Joint Initial Report, entered on July 6, 2012,currently sets a date of December 18,2012 for the exchange of initial trial witness lists between the parties (Docket No. 111-1 ); WHEREAS, such date was mutually agreed to by the parties; NOW, THEREFORE, the parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate that the date for exchange of initial trial witness lists for the trial commencing June 3, 2013 shall be changed to February 15, 2013. For the avoidance of doubt, this stipulation does not pertain to the trial in the class litigation, In re Electronic Books Antitrust Litigation, 11-md-02293, or to any trial on damages in the States' action, State of Texas et al. v. Penguin Group (USA), Inc. et al., 12-cv-03394. (Signed by Judge Denise L. Cote on 12/19/12) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(ago) Modified on 12/26/2012 (ago). (Entered: 12/20/2012)
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Request |
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| 137 |
Filed: 11/30/2012, Entered: None |
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SUPPLEMENTAL STIPULATED PROTECTIVE ORDER RE: AMAZON DATA PRODUCTION... regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 11/30/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm) (Entered: 11/30/2012)
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Request |
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| 136 |
Filed: 11/19/2012, Entered: None |
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JOINT STIPULATION AND ORDER REGARDING REVISED SCHEDULE FOR EXPERT DISCOVERY. The parties to this Joint Stipulation and Proposed Order, by and through their undersigned counsel, hereby stipulate: 1. The date for disclosure of expert identities and general subject matters shall be changed from November 16, 2012 to November 30, 2012; 2. The date for service of opening expert reports shall be changed from January 25, 2013 to February 8, 2013; 3. The date for service of rebuttal expert reports shall be changed from February 15, 2013 to March 1, 2013; and 4. The date for the close of expert discovery shall be changed from March 22, 2013 to March 29, 2013. (Expert Discovery due by 3/29/2013.) (Signed by Judge Denise L. Cote on 11/19/2012) (rjm) (Entered: 11/20/2012)
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Request |
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| 135 |
Filed: 11/14/2012, Entered: None |
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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)
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Request |
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| 134 |
Filed: 11/14/2012, Entered: None |
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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)
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Request |
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| 133 |
Filed: 10/26/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Orin Snyder dated 10/25/2012 re: Non-settling parties propose that class certification briefing be postponed until after the conclusion of the trial in this matter. (ad) (Entered: 11/01/2012)
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Request |
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| 132 |
Filed: 10/26/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/18/2012 re: Apple opposes DOJ's request for an extension of the trial date from early June to 9/2013. Document filed by Apple, Inc.(ad) (Entered: 11/01/2012)
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Request |
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| 131 |
Filed: 10/26/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 10/17/2012 re: The United States request that the Court extend the cutoff for fact and expert discovery until 6/21/2013, and adjust all remaining dates accordingly. (ad) (Entered: 11/01/2012)
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Request |
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| 130 |
Filed: 10/26/2012, Entered: None |
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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)
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Request |
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| 129 |
Filed: 10/24/2012, Entered: None |
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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)
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Request |
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| 128 |
Filed: 10/17/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 10/17/2012 re: This letter will respond to the letters dated October 15, 2012 from the Department of Justice and the Plaintiff States setting forth their positions as to whether the bilateral agency agreements between Apple and the defendant book publishers established genuine agency relationships. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(rjm) (Entered: 10/18/2012)
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| 128 |
Filed: None, Entered: None |
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| 127 |
Filed: 10/16/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 10/15/2012 re: I write in response to the Defendants' request during the October 9, 2012 telephone conference that the Plaintiff States clarify their position as to whether Penguin and Macmillan's e-book distribution contracts with Apple establish "genuine" agency relationships between the publishers and Apple. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(rjm) (Entered: 10/16/2012)
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Request |
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| 126 |
Filed: 10/12/2012, Entered: None |
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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)
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Request |
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| 125 |
Filed: 10/12/2012, Entered: None |
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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)
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Request |
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| 124 |
Filed: 10/5/2012, Entered: None |
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NOTICE OF APPEARANCE by Gregory John Walklin on behalf of The State of Nebraska (Attachments: # 1 Supplement)(Walklin, Gregory) (Entered: 10/05/2012)
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Request |
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| 123 |
Filed: 9/21/2012, Entered: None |
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NOTICE OF APPEARANCE by Kevin Wells on behalf of The State of Arkansas (Wells, Kevin) (Entered: 09/21/2012)
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Request |
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| 122 |
Filed: 9/21/2012, Entered: None |
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NOTICE OF APPEARANCE by Sarah R. Tacker on behalf of The State of Arkansas (Tacker, Sarah) (Entered: 09/21/2012)
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Request |
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| 121 |
Filed: 9/20/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 9/20/2012 re: Class Plaintiffs write in response to Penguin's letter of September 19, 2012. Penguin's request to delay class certification is unwarranted. Penguin made no effort to confer with Class Plaintiffs or the Litigating States before contacting the Co mi. Had Penguin done so, it may not have caused the Court to expend resources on this issue. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jfe) (Entered: 09/21/2012)
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Request |
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| 120 |
Filed: 9/20/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Gabriel R. Gervey dated 9/20/2012 re: The Plaintiff States1 write to clarify certain issues raised in Dan McInnis's September 19, 2012 letter to the Court on behalf of Penguin Group (USA) Inc. Penguin's letter conflates two separate actions that have been consolidated under the above-referenced MDL case number. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(jfe) (Entered: 09/21/2012)
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Request |
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| 119 |
Filed: 9/20/2012, Entered: None |
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ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel Ferrel McInnis dated 9/19/2012 re: Counsel writes regarding the Court's preliminary approval of the state settlement (DE 221) and its effect upon the schedule for class certification. Penguin therefore respectfully asks that class certification briefing and decision thereon be postponed until after final settlements between the settling Defendants and the states are approved, or that the Court otherwise provide guidance on how it intends any such class certification process to proceed in light of the foregoing. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 9/20/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(jfe) (Entered: 09/21/2012)
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Request |
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| 118 |
Filed: 9/14/2012, Entered: None |
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MEMO ENDORSEMENT granting 110 Motion to Withdraw as Attorney. Attorney David Joseph Carey terminated. (Signed by Judge Denise L. Cote on 9/14/2012) (lmb) (Entered: 09/17/2012)
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Request |
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| 117 |
Filed: 9/13/2012, Entered: None |
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Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 9/12/2012 re: On December 21, 2011, this Court appointed interim Class Counsel to represent eBook consumers in litigation against the Settling Defendants. In that capacity, Class Counsel has a fiduciary duty to protect eBook consumers' litigation interests, to identify issues affecting those interests, and to advise the Court on such issues. After reviewing the settlement, Class Plaintiffs do not oppose granting of the motion for preliminary approval given the low burden the States have. However, Class Plaintiffs ask the Court to consider three points-none of which disrupt preliminary approval. (rjm) (Entered: 09/14/2012)
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Request |
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| 116 |
Filed: 9/10/2012, Entered: None |
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ORDER: These cases involve alleged anticompetitive conduct bydefendants, including companies that publish electronic books.During a conference held on December 20, 2011, the Court notified counsel for all parties that it has purchased electronic books. By Order of that same day, the Court waived any interest it might have in the putative class action. It is hereby ORDERED that the Court waives as well any interest it might have in the above-captioned parens patriae lawsuits, The State of Texas, et al. v. Penguin Group (USA) Inc., et al., 12 Civ. 3394 (DLC) and The State of Texas, et al. v. Hachette Book Group Inc., et al., 12 Civ. 6625 (DLC). (Signed by Judge Denise L. Cote on 9/10/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(ago) (Entered: 09/10/2012)
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Request |
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| 115 |
Filed: 9/6/2012, Entered: None |
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ORDER: It is hereby ORDERED that a telephone conference regarding the August 29 motion will be held on September 10, 2012 at 4:00 P.M. IT IS FURTHER ORDERED that any parties in the above-captioned actions who wish to appear at the September 10 telephone conference shall contact the offices of plaintiff states' liaison counsel, Rebecca Fisher, the State of Texas Attorney General's Office, P.O. Box 12548, Austin, TX 78711, 512-463-1265. ( Telephone Conference set for 9/10/2012 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/6/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC, 1:12-cv-06625-DLC(jfe) (Entered: 09/07/2012)
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Request |
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| 114 |
Filed: 8/7/2012, Entered: None |
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|
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)
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Request |
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| 113 |
Filed: 7/26/2012, Entered: None |
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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)
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Request |
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| 112 |
Filed: 7/9/2012, Entered: None |
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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)
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Request |
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| 111 |
Filed: 7/6/2012, Entered: None |
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STATUS REPORT. Revised Joint Initial Report Document filed by Unites 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)
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Request |
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| 110 |
Filed: 7/6/2012, Entered: None |
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MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) (Entered: 07/06/2012)
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Request |
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| 109 |
Filed: 6/27/2012, Entered: None |
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Letter addressed to Judge Denise L Cote from Gabriel R Gervey and Gary Becker dated 6/26/2012 re: Plaintiff states are aenable to a bench trial. Document filed by The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/28/2012)
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Request |
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| 108 |
Filed: 6/25/2012, Entered: None |
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ORDER: With respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: see order. A copy shall simultaneously be delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court. No e-mailed letter shall be sent to the Court by mail unless it has an attachment greater than ten pages. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar) (Entered: 06/25/2012)
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Request |
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| 107 |
Filed: 6/25/2012, Entered: None |
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SCHEDULING ORDER: Amended Initial Report due by 7/6/20121. Government shall file any motion with respect to a proposed final judgment in 12cv2826 by 8/3/2012, Responses due by 8/15/2012, replies due by 8/22/2012. Fact Discovery due by 3/22/2012. Expert Discovery due by 3/22/2012. The plaintiffs in 12cv3394 shall submit by 8/20/2012, any motion for preliminary approval of any settlement agreement. Any motion to certify class in 11MD2293 must be submitted by 11/16/2012. The defendants' opposition due by 12/14/2012. Plaintiffs' reply due by 1/18/2012. Joint pretrial order due by 4/26/2013 in 12cv2826. Motions in limine in 12cv2826 are due by 4/26/2012, responses due by 5/3/2012, replies due by 5/8/2012. Final pretrial conference in 12cv2826 is scheduled for 5/24/2013 at 2:00 p.m. in Courtroom 15B, 500 Pearl Street. Trial in 12cv2826 will begin on 6/3/2013 at 9:30 a.m. Any motion for summary judgment in the above listed actions in 11MD2293 or 12cv3394 must be served by 9/13/2013, any opposition served by 10/4/2012, any reply due by 10/18/2012. All other deadlines are as set forth in this order. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar) (Entered: 06/25/2012)
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Request |
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| 106 |
Filed: 6/22/2012, Entered: None |
|
|
ANSWER to 95 Amended Complaint,,,,,. Document filed by Penguin Group (USA) Inc..(Sheedy, Allison) (Entered: 06/22/2012)
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Request |
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| 105 |
Filed: 6/22/2012, Entered: None |
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|
ANSWER to 95 Amended Complaint,,,,, with JURY DEMAND. Document filed by Apple Inc.. (Attachments: # 1 Certificate of Service)(Floyd, Daniel) (Entered: 06/22/2012)
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Request |
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| 104 |
Filed: 6/22/2012, Entered: None |
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|
NOTICE OF APPEARANCE by Daniel S. Floyd on behalf of Apple Inc. (Floyd, Daniel) (Entered: 06/22/2012)
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Request |
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| 103 |
Filed: 6/22/2012, Entered: None |
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|
ANSWER to 95 Amended Complaint,,,,,. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) (Entered: 06/22/2012)
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Request |
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| 102 |
Filed: 6/20/2012, Entered: None |
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|
Letter addressed to Judge Denise L Cote from Gabriel R Gervey and W. Joseph Nielsen dated 6/20/2012 re: Plaintiff States request that the Court adopt the Plaintiffs' proposed schedule. Document filed by Plaintiff States.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/21/2012)
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Request |
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| 101 |
Filed: 6/20/2012, Entered: None |
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|
Letter addressed to Judge Denise L Cote from Joel M Mitnick dated 6/20/2012 re: Remaining Disputes and the Joint Initial Report. Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/21/2012)
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Request |
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| 100 |
Filed: 6/20/2012, Entered: None |
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|
Letter addressed to Judge Denise L Cote from Steve W Berman dated 6/20/2012 re: Disputes to the Joint Initial Report, filed by Class Plaintiffs. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/21/2012)
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Request |
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| 99 |
Filed: 6/20/2012, Entered: None |
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|
Letter addressed to Judge Denise L Cote from Daniel Floyd dated 6/19/2012 re: Apple's position on the remaining disputes among the parties re joint initial report. Document filed by Apple, Inc.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/21/2012)
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Request |
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| 98 |
Filed: 6/20/2012, Entered: None |
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|
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)
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Request |
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| 97 |
Filed: 6/5/2012, Entered: None |
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NOTICE OF APPEARANCE by Michael Paul Franck on behalf of The Commonwealth of Massachusetts (Franck, Michael) (Entered: 06/05/2012)
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Request |
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| 96 |
Filed: 5/23/2012, Entered: None |
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NOTICE OF APPEARANCE by Jason Robert Evans on behalf of The State of Michigan (Evans, Jason) (Entered: 05/23/2012)
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Request |
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| 95 |
Filed: 5/17/2012, Entered: None |
Amended Complaint |
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SECOND AMENDED COMPLAINT amending 7 Amended Complaint,, against Apple Inc., Holtzbrinck Publishers, LLC, Penguin Group (USA) Inc. with JURY DEMAND.Document filed by the State of Tennessee, The State of Missouri, The Commonwealth of Pennsylvania, The State of Iowa, The State of Texas, The State of Ohio, The State of Arizona, The State of South Dakota, The State of Vermont, The State of Colorado, The Commonwealth of Puerto Rico, The State of Illinois, The State of Alaska, The State of Connecticut, The State of West Virginia, The State of Maryland, The Commonwealth of Virginia, The State of New York, The State of Arkansas, The State of Louisiana, The State of Wisconsin, The State of Delaware, The State of Utah, The State of North Dakota, The State of Nebraska, The State of Alabama, The District of Columbia, The State of Michigan, The Commonwealth of Massachusetts, The State of New Mexico, The State of Kansas, The State of Idaho. Related document: 7 Amended Complaint,, filed by The State of Ohio, The State of Iowa, The State of Texas, The State of Maryland, The Commonwealth of Puerto Rico, the State of Tennessee, The State of Vermont, The State of Missouri, The State of Illinois, The State of Arizona, The State of Alaska, The State of Connecticut, The State of South Dakota, The State of Colorado, The State of West Virginia, The Commonwealth of Pennsylvania.***Original document filed in case number 11-md-2293, document #161.(mro) (Entered: 05/21/2012)
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Request |
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| 94 |
Filed: 5/16/2012, Entered: None |
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NOTICE OF APPEARANCE by John Joseph Lavelle on behalf of Holtzbrinck Publishers, LLC (Lavelle, John) (Entered: 05/16/2012)
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Request |
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| 93 |
Filed: 5/16/2012, Entered: None |
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NOTICE OF APPEARANCE by David Joseph Carey on behalf of Holtzbrinck Publishers, LLC (Carey, David) (Entered: 05/16/2012)
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Request |
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| 92 |
Filed: 5/16/2012, Entered: None |
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NOTICE OF APPEARANCE by Alexandra Shear on behalf of Holtzbrinck Publishers, LLC (Shear, Alexandra) (Entered: 05/16/2012)
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Request |
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| 91 |
Filed: 5/16/2012, Entered: None |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Georg von Holtzbrinck GmbH & Co. KG for Holtzbrinck Publishers, LLC. Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) (Entered: 05/16/2012)
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Request |
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| 90 |
Filed: 5/16/2012, Entered: None |
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NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of Holtzbrinck Publishers, LLC (Mitnick, Joel) (Entered: 05/16/2012)
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Request |
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| 89 |
Filed: 5/15/2012, Entered: None |
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NOTICE OF APPEARANCE by Alan R. Kusinitz on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Kusinitz, Alan) (Entered: 05/15/2012)
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Request |
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| 88 |
Filed: 5/15/2012, Entered: None |
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ORDER GRANTING JOINT MOTION TO DISMISS WITHOUUT PREJUDICE SIMON & SCHUSTER, INC. AND SIMON & SCHUSTER DIGITAL SALES, INC: in case 1:11-md-02293-DLC; granting (82) Motion to Dismiss; granting (86) Motion to Dismiss in case 1:12-cv-03394-DLC; granting [] Motion to Dismiss; granting [] Motion to Dismiss in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-03394-DLC(cd) (Entered: 05/15/2012)
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Request |
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| 87 |
Filed: 5/15/2012, Entered: None |
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MEMORANDUM OF LAW in Support re: 86 JOINT MOTION to Dismiss Joint Motion to Dismiss Without Prejudice Simon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc.. Memorandum in Support of Joint Motion to Dismiss Without Prejudice Simon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc.. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc.. (Scullion, Jennifer) (Entered: 05/15/2012)
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Request |
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| 86 |
Filed: 5/15/2012, Entered: None |
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JOINT MOTION to Dismiss Joint Motion to Dismiss Without Prejudice Simon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc.. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc..(Scullion, Jennifer) (Entered: 05/15/2012)
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Request |
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| 85 |
Filed: 5/14/2012, Entered: None |
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NOTICE OF APPEARANCE by Helene Debra Jaffe on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Jaffe, Helene) (Entered: 05/14/2012)
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Request |
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| 84 |
Filed: 5/14/2012, Entered: None |
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MEMORANDUM OF LAW in Support re: 82 JOINT MOTION to Dismiss Joint Motion to Dismiss Without Prejudice Simon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc.. Memorandum in Support of Joint Motion to Dismiss Without Prejudice Simmon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc.. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc.. (Scullion, Jennifer) (Entered: 05/14/2012)
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Request |
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| 83 |
Filed: 5/14/2012, Entered: None |
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NOTICE OF APPEARANCE by Jennifer R. Scullion on behalf of Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc. (Scullion, Jennifer) (Entered: 05/14/2012)
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Request |
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| 82 |
Filed: 5/14/2012, Entered: None |
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JOINT MOTION to Dismiss Joint Motion to Dismiss Without Prejudice Simon & Schuster, Inc. and Simon & Schuster Digital Sales, Inc.. Document filed by Simon & Schuster Digital Sales, Inc., Simon & Schuster, Inc.. (Attachments: # 1 Memorandum in Support of Joint Motion to Dismiss, # 2 Text of Proposed Order [Proposed] Order granting Joint Motion to Dismiss)(Scullion, Jennifer) (Entered: 05/14/2012)
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Request |
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