ORDER: It is hereby ordered that the stay in this litigation as to defendant Hachette Digital, Inc. is extended from July 11, 2011 to August 10, 2012. (Signed by Judge Denise L. Cote on 7/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(js) (Entered: 07/10/2012)
STATUS REPORT. Revised Joint Initial Report Document filed by 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)
OPINION & ORDER # 102013 denying as to plaintiffs' federal claims re: (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings filed by Penguin Group USA, Inc. (Signed by Judge Denise L. Cote on 6/27/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 6/29/2012 (ft). (Entered: 06/28/2012)
STATUS REPORT. Joint Initial Report of All Parties Document filed by United States Of America. (Attachments: # 1 Exhibit Proposed Schedules, # 2 Exhibit Parties' Current Disputes, # 3 Exhibit Joint ESI Submission)Filed In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie) (Entered: 06/20/2012)
OPINION & ORDER # 101815: The Publisher Defendants' 3/2/2012 Motion to Dismiss is denied. Apple's 3/2/2012 Motion to Dismiss is also denied re: (88 in 1:11-md-02293-DLC) MOTION to Dismiss The Consolidated Amended Class Action Complaint filed by HarperCollins Publishers L.L.C., (73 in 1:11-md-02293-DLC) MOTION to Dismiss the Consolidated Amended Class Action Complaint filed by Apple Inc. (Signed by Judge Denise L. Cote on 5/15/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) Modified on 5/21/2012 (ft). (Entered: 05/15/2012)
NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas Filed In Associated Cases: 1:11-md-02293-DLC et al.(Lipman, Eric) (Entered: 05/10/2012)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Denise L. Cote on 5/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered: 05/09/2012)
ORDER: ORDERED that, unless Penguin advises the Court by April 30, 2012 that it wishes its March 2 motion to stay proceedings and compel arbitration to be addressed, the motion will be deemed withdrawn. IT IS FURTHER ORDERED that in the event Penguin files a renewed motion to arbitrate, any party opposing the motion may present any arguments that are appropriate, including that Penguin has waived its right to arbitrate. (Signed by Judge Denise L. Cote on 4/25/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(djc) (Entered: 04/26/2012)
CASE MANAGEMENT ORDER: It is hereby ORDERED as follows: 1. Any application by Penguin Group USA, Inc. to withdraw its Motion to Compel Arbitration and Stay Proceedings must be submitted by April 27, 2012. 2. The Government and defendants Hachette Book Group, Inc.; HarperCollins Publishers L.L.C.; and Simon & Schuster, Inc. (collectively, the "Settling Parties") shall submit a proposed order for a stay by April 30, 2012. 3. The Government shall file any motion with respect to a proposed final judgment by July 27. Any submissions in response to this motion by a party in one of the above-captioned actions shall be filed by August 8, 2012, and shall not exceed 5 pages. The limit of 10 pages described at the conference is hereby reduced to 5 pages. The Government shall have until August 15, 2012 to file any reply. IT IS FURTHER ORDERED that a conference in these actions, and any related actions subsequently accepted by this Court, will be held on June 22, 2012 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New York, New York, in Courtroom 15B. IT IS FURTHER ORDERED that prior to the June 22, 2012 conference, the parties in these actions, and any related actions subsequently accepted by this Court, shall submit to the Court a proposal for coordinated discovery and a proposed confidentiality agreement. Motions due by 7/27/2012. Responses due by 8/8/2012. Replies due by 8/15/2012. Status Conference set for 6/22/2012 at 02:30 PM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/23/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm) (Entered: 04/24/2012)
MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 3/20/2012). Granting (104) Motion for Allison Sheedy to Appear Pro Hac Vice in case 1:11-md-02293-DLC. Filed In Associated Cases: 1:11-md-02293-DLC et al. (rjm) Modified on 3/21/2012 (rjm). (Entered: 03/21/2012)
ORDER: It is hereby ORDERED that the plaintiffs' opposition must be submitted by March 30, 2012. The defendant's reply, if any, must be submitted by April 13, 2012. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street1 New York, New York. Set Deadlines/Hearing as to (86 in 1:11-md-02293-DLC) MOTION to Compel Arbitration and Stay Proceedings. :( Responses due by 3/30/2012, Replies due by 4/13/2012.) (Signed by Judge Denise L. Cote on 3/5/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(jfe) (Entered: 03/05/2012)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book Group, Hachette Book Group, Hachette Book Group, Inc, Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hachette Book Group, Inc., Hackette book group, inc., Hatchette book group, inc.. Document filed by Hachette Book Group, Hachette Book Group, Inc., Hachette Book Group, Inc, Hatchette book group, inc., Hackette book group, inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) (Entered: 03/05/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (69) Motion for Daniel G Swanson to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 03/05/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (70) Motion for Daniel S Floyd to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 03/05/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (71) Motion for Jay Srinivasan to Appear Pro Hac Vice in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 3/2/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 03/05/2012)
NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Rubin, Samuel) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Harkness, Timothy) (Entered: 03/02/2012)
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED TO SPREAD CASES - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book Group, Inc.. Document filed by Hachette Book Group, Inc..Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) Modified on 3/5/2012 (lb). (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Book Group, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Digital, Inc. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Stuart, Walter) (Entered: 03/02/2012)
NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of MacMillan Publishers, Inc., MacMillan Publishers, Inc, Macmillan, Holtzbrinck Publishers, LLC, MacMillian, Inc, Macmillan Publishers, Inc.. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Mitnick, Joel) (Entered: 02/28/2012)
MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (46) Motion for Daniel J Mogin to Appear Pro Hac Vice for plaintiff Karina Key in case 1:11-md-02293-DLC. (Signed by Judge Denise L. Cote on 1/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered: 01/27/2012)
CERTIFICATE OF SERVICE. Document filed by Marcus Mathis, Anthony Petru. Filed In Associated Cases: 1:11-md-02293-DLC et al.(Friedman, Jeff) (Entered: 01/20/2012)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order.Files in Associated cases: 1:12-cv-476-DLC, 1:11-md-2293-DLC. (Signed by Judge Loretta A. Preska on 10/31/2011) (pgu) (Entered: 01/20/2012)
MDL TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 4:11-cv-06647. Original file certified copy of transfer order and docket entries received. (pgu) (Entered: 01/20/2012)
MDL ORDER TRANSFERRING CASE to Southern District of New York. (cjl, COURT STAFF) (Filed on 1/19/2012) [Transferred from California Northern on 1/20/2012.] (Entered: 01/19/2012)
ADR SCHEDULING ORDER: Case Management Statement due by 5/10/2012. Case Management Conference set for 5/17/2012 10:30 AM in Courtroom 4, 3rd Floor, Oakland. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 12/27/2011) [Transferred from California Northern on 1/20/2012.] (Entered: 12/29/2011)
Summons Issued as to Apple, Inc., Hachette Book Group, Inc., HarperCollins Publishers, Inc., Macmillan Publishers, Inc., Penguin Group (USA), Inc., Simon & Schuster, Inc. (cjl, COURT STAFF) (Filed on 12/27/2011) (cjl, COURT STAFF). [Transferred from California Northern on 1/20/2012.] (Entered: 12/29/2011)
COMPLAINT (with jury demand) against Apple, Inc., Hachette Book Group, Inc., HarperCollins Publishers, Inc., Macmillan Publishers, Inc., Penguin Group (USA), Inc., Simon & Schuster, Inc. (Filing fee $350, receipt number 34611068545). Filed by Amy D. Nolan. (cjl, COURT STAFF) (Filed on 12/27/2011) (Additional attachment(s) added on 1/4/2012: # 1 Civil Cover Sheet) (cjl, COURT STAFF). [Transferred from California Northern on 1/20/2012.] (Entered: 12/29/2011)
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