White et al v. West Publishing Corporation et al
Federal Civil Lawsuit New York Southern District Court, Case No. 1:12-cv-01340-JSR
District Judge Jed S. Rakoff, presiding

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No Logo Edward L. White, Plaintiff

Toggle Switch Represented by Bragar Wexler Eagel & Squire, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory A. Blue +1 212 308 5858 +1 212 486 0462 blue@bragarwexler.com
ATTORNEY TO BE NOTICED Raymond A. Bragar +1 212 308 5858 +1 212 486 0462 bragar@bragarwexler.com
ATTORNEY TO BE NOTICED Raymond A. Bragar +1 212 308 5858 +1 212 486 0462 bragar@bragarwexler.com

Toggle Switch Represented by Dilworth Paxson LLP

Name Phone Fax E-Mail
Space Gregory A. Blue +1 646 351 0006 +1 212 208 6874 gblue@dilworthlaw.com
ATTORNEY TO BE NOTICED Gregory A. Blue +1 646 351 0006 +1 212 208 6874 gblue@dilworthlaw.com
No Logo Edward L White PC, Plaintiff

Toggle Switch Represented by Bragar Wexler Eagel & Squire, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory A. Blue +1 212 308 5858 +1 212 486 0462 blue@bragarwexler.com
ATTORNEY TO BE NOTICED Raymond A. Bragar +1 212 308 5858 +1 212 486 0462 bragar@bragarwexler.com

Toggle Switch Represented by Dilworth Paxson LLP

Name Phone Fax E-Mail
Space Gregory A. Blue +1 646 351 0006 +1 212 208 6874 gblue@dilworthlaw.com
No Logo Kenneth Elan, Plaintiff

Toggle Switch Represented by Bragar Wexler Eagel & Squire, PC

Name Phone Fax E-Mail
Space Gregory A. Blue +1 212 308 5858 +1 212 486 0462 blue@bragarwexler.com
Space Raymond A. Bragar +1 212 308 5858 +1 212 486 0462 bragar@bragarwexler.com
v.
Reed Elsevier, Inc. Reed Elsevier, Inc., Defendant

Toggle Switch Represented by Unknown Firm

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Paul Goldstein +1 802 244 5451

Represented by Morrison & Foerster, LLP

No Logo West Publishing Corporation, Defendant

Represented by Weil Gotshal & Manges LLP

Citation Section 17 U.S.C. § 101
Nature of Suit 820 - Property Rights: Copyright
Office Foley Square
Filed 2/22/2012
Jury Demand Plaintiff
Demand
Cause Section 17 U.S.C. § 101 Copyright Infringement
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County NewYork
Terminated 7/3/2014
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Flags CLOSED,ECF
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Legal Document (Payment Possibly Required) 85 Filed: 7/3/2014, Entered: 7/3/2014 Clerks Judgment
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated July 3, 2014, the Court finds that the Defendants' use of Plaintiff's brief was a fair use. The Court therefore reaffirms its Order of February 11, 2013, granting Defendants' motion for summary judgment. The Clerk of Court is directed to enter judgment dismissing the complaint with prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 07/03/2014) (Attachments: # (1) Right to Appeal, # (2) Right to Appeal)(km)
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    Legal Document 84 Filed: 7/3/2014, Entered: 7/3/2014 OrderCourt Filing
    MEMORANDUM AND ORDER: For the foregoing reasons shown herein, the Court finds that the defendants' use of plaintiff's brief was a fair use. The Court therefore reaffirms its Order of February 11, 2013, granting defendants' motion for summary judgment. The Clerk of the Court is directed to enter judgment dismissing the complaint with prejudice, and to close the case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/3/2014) (kgo)
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      Blank  Terminate Transcript Deadlines
      Terminate Transcript Deadlines (km)
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        Blank  Transmission to Judgments and Orders Clerk
        Transmission to Judgments and Orders Clerk. Transmitted re: [84] Order, to the Judgments and Orders Clerk. (kgo)
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          Legal Document (Payment Possibly Required) 83 Filed: 5/13/2014, Entered: 5/13/2014 Notice of Change of Address
          NOTICE OF CHANGE OF ADDRESS by Craig Brian Whitney on behalf of Reed Elsevier Inc.. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, NY, 10019,. (Whitney, Craig)
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            Legal Document (Payment Possibly Required) 82 Filed: 4/28/2014, Entered: 4/28/2014 Notice of Change of Address
            NOTICE OF CHANGE OF ADDRESS by James Edward Hough on behalf of Reed Elsevier Inc.. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, New York, U.S.A. 10019-9601, 212-468-8000. (Hough, James)
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              Legal Document (Payment Possibly Required) 81 Filed: 4/15/2014, Entered: 4/15/2014 Notice of Change of Address
              NOTICE OF CHANGE OF ADDRESS by Cindy Paige Abramson on behalf of Reed Elsevier Inc.. New Address: Morrison & Foerster LLP, 250 West 55th Street, New York, NY, 10019,. (Abramson, Cindy)
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                Legal Document (Payment Possibly Required) 80 Filed: 3/22/2013, Entered: 3/22/2013 Notice of Change of Address
                NOTICE OF CHANGE OF ADDRESS by Gregory A. Blue on behalf of Edward L. White, P.C., Edward L. White. New Address: Dilworth Paxson LLP, 99 Park Avenue, Suite 320, New York, NY, USA 10016, 212-208-6874. (Blue, Gregory)
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                  Blank 79 Filed: 2/11/2013, Entered: 2/11/2013 Order on Motion for Summary JudgmentCourt Filing
                  ORDER: granting [45] Motion for Summary Judgment; granting [46] Motion for Summary Judgment; denying [53] Motion for Summary Judgment. After carefully considering the parties' written submissions and oral argument, the Court hereby grants defendants' motions for summary judgment and denies plaintiff's motion. An opinion explaining the reasons for this ruling will issue in due course. Final judgment will not enter until the Court issues the reasons for its decision. The Clerk of the Court is directed to close items number 45, 46 and 53 on the docket of this case. (Signed by Judge Jed S. Rakoff on 2/8/2013) (djc) Modified on 2/11/2013 (djc).
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                    Blank 78 Filed: 11/30/2012, Entered: 11/30/2012 Notice of Filing Transcript
                    NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/20/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari)
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                      Legal Document (Payment Possibly Required) 77 Filed: 11/30/2012, Entered: 11/30/2012 TranscriptCourt Filing
                      TRANSCRIPT of Proceedings re: ARGUMENT held on 11/20/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (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 12/26/2012. Redacted Transcript Deadline set for 1/7/2013. Release of Transcript Restriction set for 3/4/2013.(Rodriguez, Somari)
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                        Legal Document (Payment Possibly Required) 76 Filed: 11/26/2012, Entered: 11/26/2012 Declaration in Support of Motion
                        DECLARATION of Martin S. High in Support re: [46] MOTION for Summary Judgment., [45] MOTION for Summary Judgment., [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by Edward L. White, P.C.. (Attachments: # (1) Exhibit Assignment of Copyright)(Blue, Gregory)
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                        Blank  Oral Argument
                        Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 11/20/2012 re: [46] MOTION for Summary Judgment. filed by West Publishing Corporation, [45] MOTION for Summary Judgment. filed by Reed Elsevier Inc., [53] MOTION for Summary Judgment (Notice of Motion Previously Filed). filed by Edward L. White, P.C.. (Kotowski, Linda)
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                          Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/8/2012. (Kotowski, Linda)
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                            Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/7/2012. (Kotowski, Linda)
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                              Blank 75 Filed: 11/2/2012, Entered: 11/2/2012 Reply Memorandum of Law in Support of Motion
                              REPLY MEMORANDUM OF LAW in Support re: [45] MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                Blank 74 Filed: 11/2/2012, Entered: 11/2/2012 Reply Memorandum of Law in Support of Motion
                                REPLY MEMORANDUM OF LAW in Support re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by Edward L. White, P.C.. (Blue, Gregory)
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                                  Legal Document (Payment Possibly Required) 73 Filed: 11/2/2012, Entered: 11/2/2012 Declaration in Support of Motion
                                  DECLARATION of John P. Sullivan in Support re: [46] MOTION for Summary Judgment.. Document filed by West Publishing Corporation. (Attachments: # (1) Exhibit A)(Rich, Robert)
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                                  Blank 72 Filed: 11/2/2012, Entered: 11/2/2012 Reply Memorandum of Law in Support of Motion
                                  REPLY MEMORANDUM OF LAW in Support re: [46] MOTION for Summary Judgment.. Document filed by West Publishing Corporation. (Rich, Robert)
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                                    Legal Document (Payment Possibly Required) 71 Filed: 10/23/2012, Entered: 10/23/2012 Declaration in Opposition to Motion
                                    DECLARATION of James Hough in Opposition re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by Reed Elsevier Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Hough, James)
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                                      Legal Document (Payment Possibly Required) 70 Filed: 10/23/2012, Entered: 10/23/2012 Counter Statement to Rule 56.1
                                      COUNTER STATEMENT TO [52] Rule 56.1 Statement. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                        Blank 69 Filed: 10/23/2012, Entered: 10/23/2012 Memorandum of Law in Opposition to Motion
                                        MEMORANDUM OF LAW in Opposition re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                          Legal Document (Payment Possibly Required) 68 Filed: 10/23/2012, Entered: 10/23/2012 Memorandum of Law in Opposition to Motion
                                          MEMORANDUM OF LAW in Opposition re: [46] MOTION for Summary Judgment., [45] MOTION for Summary Judgment.. Document filed by Edward L. White, P.C.. (Blue, Gregory)
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                                            Legal Document (Payment Possibly Required) 67 Filed: 10/23/2012, Entered: 10/23/2012 Counter Statement to Rule 56.1
                                            COUNTER STATEMENT TO [57] Rule 56.1 Statement. Document filed by Edward L. White, P.C.. (Blue, Gregory)
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                                              Legal Document (Payment Possibly Required) 66 Filed: 10/23/2012, Entered: 10/23/2012 Counter Statement to Rule 56.1
                                              COUNTER STATEMENT TO [51] Rule 56.1 Statement. Document filed by Edward L. White, P.C.. (Blue, Gregory)
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                                                Legal Document (Payment Possibly Required) 65 Filed: 10/23/2012, Entered: 10/23/2012 Counter Statement to Rule 56.1
                                                COUNTER STATEMENT TO [52] Rule 56.1 Statement. Document filed by West Publishing Corporation. (Rich, Robert)
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                                                  Legal Document (Payment Possibly Required) 64 Filed: 10/23/2012, Entered: 10/23/2012 Declaration in Opposition to Motion
                                                  DECLARATION of Jonathan Bloom in Opposition re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by West Publishing Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Rich, Robert)
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                                                    Blank 63 Filed: 10/23/2012, Entered: 10/23/2012 Memorandum of Law in Opposition to Motion
                                                    MEMORANDUM OF LAW in Opposition re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by West Publishing Corporation. (Rich, Robert)
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                                                      Legal Document (Payment Possibly Required) 62 Filed: 10/12/2012, Entered: 10/12/2012 Declaration in Support of Motion
                                                      DECLARATION of John R. Gerba in Support re: [46] MOTION for Summary Judgment.. Document filed by West Publishing Corporation. (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)(Rich, Robert)
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                                                        Legal Document (Payment Possibly Required) 61 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                        DECLARATION of David Blackburn in Support re: [45] MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (Attachments: # (1) Exhibit A)(Hough, James)
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                                                          Legal Document (Payment Possibly Required) 60 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                          DECLARATION of Brett Bogan in Support re: [45] MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                                            Legal Document (Payment Possibly Required) 59 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                            DECLARATION of Leigh Beauchamp in Support re: [45] MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                                              Legal Document (Payment Possibly Required) 58 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                              DECLARATION of James Hough in Support re: [45] MOTION for Summary Judgment.. Document filed by Reed Elsevier 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, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W)(Hough, James)
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                                                                Legal Document (Payment Possibly Required) 57 Filed: 10/5/2012, Entered: 10/5/2012 Rule 56.1 Statement
                                                                RULE 56.1 STATEMENT. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                                                  Blank 56 Filed: 10/5/2012, Entered: 10/5/2012 Memorandum of Law in Support of Motion
                                                                  MEMORANDUM OF LAW in Support re: [45] MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                                                    Blank 55 Filed: 10/5/2012, Entered: 10/5/2012 Memorandum of Law in Support of Motion
                                                                    MEMORANDUM OF LAW in Support re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by Edward L. White, P.C.. (Blue, Gregory)
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                                                                      Legal Document (Payment Possibly Required) 54 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                                      DECLARATION of Gregory A. Blue in Support re: [53] MOTION for Summary Judgment (Notice of Motion Previously Filed).. Document filed by Edward L. White, P.C.. (Attachments: # (1) Exhibit A - Amended Complaint, # (2) Exhibit B - West Answer, # (3) Exhibit C - Lexis Answer, # (4) Exhibit D - West Response RFA, # (5) Exhibit E - Lexis Response RFA, # (6) Exhibit F - Copyright Reg. Certificate, # (7) Exhibit G - Copyright Reg. Certificate)(Blue, Gregory)
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                                                                        Legal Document (Payment Possibly Required) 53 Filed: 10/5/2012, Entered: 10/5/2012, Terminated: 2/11/2013 Motion for Summary Judgment
                                                                        MOTION for Summary Judgment (Notice of Motion Previously Filed). Document filed by Edward L. White, P.C.. Responses due by 10/23/2012(Blue, Gregory)
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                                                                          Legal Document (Payment Possibly Required) 52 Filed: 10/5/2012, Entered: 10/5/2012 Rule 56.1 Statement
                                                                          RULE 56.1 STATEMENT. Document filed by Edward L. White, P.C.. (Blue, Gregory)
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                                                                            Legal Document (Payment Possibly Required) 51 Filed: 10/5/2012, Entered: 10/5/2012 Rule 56.1 Statement
                                                                            RULE 56.1 STATEMENT. Document filed by West Publishing Corporation. (Rich, Robert)
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                                                                              Blank 50 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                                              DECLARATION of Tom Leighton in Support re: [46] MOTION for Summary Judgment.. Document filed by West Publishing Corporation. (Rich, Robert)
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                                                                                Legal Document (Payment Possibly Required) 49 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                                                FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of John R. Gerba in Support re: [46] MOTION for Summary Judgment. Document filed by West Publishing Corporation. (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)(Rich, Robert) Modified on 10/12/2012 (db).
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                                                                                Blank 48 Filed: 10/5/2012, Entered: 10/5/2012 Declaration in Support of Motion
                                                                                DECLARATION of David Blackburn in Support re: [46] MOTION for Summary Judgment.. Document filed by West Publishing Corporation. (Attachments: # (1) Exhibit A)(Rich, Robert)
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                                                                                Blank 47 Filed: 10/5/2012, Entered: 10/5/2012 Memorandum of Law in Support of Motion
                                                                                MEMORANDUM OF LAW in Support re: [46] MOTION for Summary Judgment.. Document filed by West Publishing Corporation. (Rich, Robert)
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                                                                                  Blank 46 Filed: 9/28/2012, Entered: 9/28/2012, Terminated: 2/11/2013 Motion for Summary Judgment
                                                                                  MOTION for Summary Judgment. Document filed by West Publishing Corporation. Responses due by 10/23/2012 Return Date set for 11/9/2012 at 04:30 PM.(Marks, Benjamin)
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                                                                                    Blank 45 Filed: 9/28/2012, Entered: 9/28/2012, Terminated: 2/11/2013 Motion for Summary Judgment
                                                                                    MOTION for Summary Judgment. Document filed by Reed Elsevier Inc..(Hough, James)
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                                                                                      Legal Document (Payment Possibly Required) 44 Filed: 9/28/2012, Entered: 9/28/2012 Notice of Appearance/
                                                                                      NOTICE OF APPEARANCE by Cindy Paige Abramson on behalf of Reed Elsevier Inc. (Abramson, Cindy)
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                                                                                        Blank 43 Filed: 9/28/2012, Entered: 9/28/2012 ~Notice (other)
                                                                                        NOTICE of MOTION FOR SUMMARY JUDGEMENT. Document filed by Edward L. White, P.C.. (Bragar, Raymond)
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                                                                                          Blank 42 Filed: 9/14/2012, Entered: 9/19/2012 Order Vacating Designation re Complex Civil CaseCourt Filing
                                                                                          ORDER: Judge Rakoff has determined that this case is not appropriate for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Cases in the Southern District of New York, and, accordingly, the parties should instead proceed in accordance with Judge Rakoff's individual rules and orders. (Signed by Judge Jed S. Rakoff on 9/14/2012) (ja)
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                                                                                            Blank  Notice Regarding Deleted Document
                                                                                            ***DELETED DOCUMENT. Deleted document number [42] Order. The document was incorrectly filed in this case. (ja)
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                                                                                              Blank  Telephone Conference
                                                                                              Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/14/2012. (Kotowski, Linda)
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                                                                                                Blank 41 Filed: 7/27/2012, Entered: 7/27/2012 ~Notice (other)
                                                                                                NOTICE of of Name Change. Document filed by Edward L. White, P.C.. (Bragar, Raymond)
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                                                                                                  Blank 40 Filed: 7/13/2012, Entered: 7/13/2012 Answer to Amended Complaint
                                                                                                  ANSWER to [37] Amended Complaint,. Document filed by Reed Elsevier Inc..(Hough, James)
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                                                                                                    Blank 39 Filed: 7/10/2012, Entered: 7/10/2012 Answer to Amended Complaint
                                                                                                    ANSWER to [37] Amended Complaint,. Document filed by West Publishing Corporation.(Marks, Benjamin)
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                                                                                                      Blank 38 Filed: 7/5/2012, Entered: 7/5/2012 Protective OrderCourt Filing
                                                                                                      STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 7/3/2012) (djc)
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                                                                                                        Blank 37 Filed: 6/26/2012, Entered: 7/2/2012 Amended Complaint
                                                                                                        AMENDED COMPLAINT amending [1] Complaint, against Reed Elsevier Inc., West Publishing Corporation with JURY DEMAND.Document filed by Edward L. White, P.C. Related document: [1] Complaint, filed by Kenneth Elan, Edward L. White, P.C., Edward L. White. (Attachments: # (1) Exhibit)(djc)
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                                                                                                        Blank 36 Filed: 5/30/2012, Entered: 5/30/2012 Answer
                                                                                                        ANSWER to [1] Complaint,. Document filed by Reed Elsevier Inc..(Hough, James)
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                                                                                                          Blank 35 Filed: 5/30/2012, Entered: 5/30/2012 Answer
                                                                                                          ANSWER to [1] Complaint,. Document filed by West Publishing Corporation.(Marks, Benjamin)
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                                                                                                            Legal Document (Payment Possibly Required) 34 Filed: 5/22/2012, Entered: 5/22/2012 Notice of Filing Transcript
                                                                                                            NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 5/16/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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                                                                                                              Legal Document (Payment Possibly Required) 33 Filed: 5/22/2012, Entered: 5/22/2012 TranscriptCourt Filing
                                                                                                              TRANSCRIPT of Proceedings re: MOTION held on 5/16/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: William 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 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012.(McGuirk, Kelly)
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                                                                                                                Blank 32 Filed: 5/17/2012, Entered: 5/17/2012 Order on Motion to DismissCourt Filing
                                                                                                                ORDER granting [19] Motion to Dismiss; granting [21] Motion to Dismiss. For reasons stated today in open court, see transcript, 5/16/12, the Court grants defendants' motion to dismiss the claims of Kenneth Elan and the purported subclass of plaintiffs who have not registered any copyrights and denies plaintiffs' request for leave to amend their Class Action Complaint. The Court directs the parties to proceed in accordance with the Civil Case Management Plan dated April 12, 2012. (Signed by Judge Jed S. Rakoff on 5/16/2012) (ft)
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                                                                                                                  Blank 31 Filed: 5/17/2012, Entered: 5/17/2012 MDL Order Deeming Motion for Reconsideration Moot
                                                                                                                  CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DEEMING MOTION MOOT AND VACATING THE APRIL 17, 2012, HEARING SESSION...Before the Panel is a motion by plaintiff David J. Heinlein, Inc., seeking centralization, pursuant to 28 U.S.C. § 1407, of the actions on the attached schedule in the District of Connecticut for coordinated or consolidated pretrial proceedings. Movant now seeks to withdraw his Section 1407 motion. IT IS THEREFORE ORDERED that the motion for transfer under 28 U.S.C. § 1407 is DEEMED WITHDRAWN. IT IS FURTHER ORDERED that the Hearing Session Order and the attached Schedule filed on APRIL 17, 2012, are VACATED insofar as they relate to this matter. (Signed by MDL Panel on 5/17/2012) (sjo)
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                                                                                                                    Blank  Oral Argument
                                                                                                                    Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 5/16/2012. (rjm)
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                                                                                                                      Blank 30 Filed: 5/7/2012, Entered: 5/7/2012 Reply Memorandum of Law in Support of Motion
                                                                                                                      REPLY MEMORANDUM OF LAW in Support re: [19] MOTION to Dismiss.. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                                                                                                        Blank 29 Filed: 5/7/2012, Entered: 5/7/2012 Reply Memorandum of Law in Support of Motion
                                                                                                                        REPLY MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss the Complaint.. Document filed by West Publishing Corporation. (Marks, Benjamin)
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                                                                                                                          Blank 28 Filed: 4/26/2012, Entered: 4/26/2012 Memorandum of Law in Opposition to Motion
                                                                                                                          MEMORANDUM OF LAW in Opposition re: [19] MOTION to Dismiss., [21] MOTION to Dismiss the Complaint.. Document filed by Edward L. White, P.C., Kenneth Elan, Edward L. White. (Blue, Gregory)
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                                                                                                                            Blank  Cashiers Remark
                                                                                                                            CASHIERS OFFICE REMARK on [26] Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/19/2012, Receipt Number 1035966. (jd)
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                                                                                                                              Legal Document (Payment Possibly Required) 27 Filed: 4/23/2012, Entered: 4/23/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
                                                                                                                              ORDER FOR ADMISSION PRO HAC VICE: granting [26] Motion for Paul Goldstein to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 4/20/2012) (jfe)
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                                                                                                                                Legal Document (Payment Possibly Required) 26 Filed: 4/19/2012, Entered: 4/20/2012 motion to appear pro hac vice
                                                                                                                                MOTION for Paul Goldstein to Appear Pro Hac Vice. Document filed by Reed Elsevier Inc.(arc)
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                                                                                                                                  Legal Document (Payment Possibly Required) 25 Filed: 4/18/2012, Entered: 4/18/2012 Affidavit of Service Other
                                                                                                                                  AFFIDAVIT OF SERVICE of Summons in a Civil Action and Class Action Complaint with Individual Rules of Practice, Hon. Jed S. Rakoff, Electronic Case Filing Rules & Instruction, M10-468 Standing Order dated 10-31-2011 served on West Publishing Corporation on February 29, 2012. Service was accepted by Donna Christie, at the office of the NYS Secretary of State, Corporate Division of the DOS. Document filed by Edward L. White, P.C., Kenneth Elan, Edward L. White. (Bragar, Raymond)
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                                                                                                                                    Legal Document (Payment Possibly Required) 24 Filed: 4/18/2012, Entered: 4/18/2012 Affidavit of Service Other
                                                                                                                                    AFFIDAVIT OF SERVICE of Summons in a Civil Action and Class Action Complaint with Individual Rules of Practice, Hon. Jed S. Rakoff, Electronic Case Filing Rules & Instruction, M10-468 Standing Order dated 10-31-2011 and Order, dated 02/24/2012, for Particularized Statement from Counsel for Elsevier, Inc. served on Reed Elsevier Inc. on February 29, 2012. Service was accepted by Office of the NYS Secretary of State to Chad Matice, Corporate Division of DOS. Document filed by Edward L. White, P.C., Kenneth Elan, Edward L. White. (Bragar, Raymond)
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                                                                                                                                      Blank 23 Filed: 4/16/2012, Entered: 4/16/2012 Case Management PlanCourt Filing
                                                                                                                                      CIVIL CASE MANAGEMENT PLAN:Plaintiffs have demanded a jury trial in this matter. Amended Pleadings due by 4/27/2012. Joinder of Parties due by 4/27/2012. Motions due by 9/14/2012. Responses due by 10/2/2012. Replies due by 10/12/2012. Deposition due by 8/31/2012. Discovery due by 8/31/2012. Final Pretrial Conference set for 10/19/2012 at 04:30 PM before Judge Jed S. Rakoff. Ready for Trial by 10/26/2012. (Signed by Judge Jed S. Rakoff on 4/12/2012) (lmb)
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                                                                                                                                        Blank  Pretrial Conference - Initial
                                                                                                                                        Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 4/11/2012. Final Pretrial Conference set for 10/19/2012 at 04:30 PM before Judge Jed S. Rakoff. (rjm)
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                                                                                                                                          Blank 22 Filed: 4/6/2012, Entered: 4/6/2012 Memorandum of Law in Support of Motion
                                                                                                                                          MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss the Complaint.. Document filed by West Publishing Corporation. (Marks, Benjamin)
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                                                                                                                                            Blank 21 Filed: 4/6/2012, Entered: 4/6/2012, Terminated: 5/17/2012 Motion to Dismiss
                                                                                                                                            MOTION to Dismiss the Complaint. Document filed by West Publishing Corporation.(Marks, Benjamin)
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                                                                                                                                              Blank 20 Filed: 4/6/2012, Entered: 4/6/2012 Memorandum of Law in Support of Motion
                                                                                                                                              MEMORANDUM OF LAW in Support re: [19] MOTION to Dismiss.. Document filed by Reed Elsevier Inc.. (Hough, James)
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                                                                                                                                                Blank 19 Filed: 4/6/2012, Entered: 4/6/2012, Terminated: 5/17/2012 Motion to Dismiss
                                                                                                                                                MOTION to Dismiss. Document filed by Reed Elsevier Inc.. Responses due by 4/27/2012(Hough, James)
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                                                                                                                                                  Blank  Cashiers Remark
                                                                                                                                                  CASHIERS OFFICE REMARK on [15] Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 03/28/2012, Receipt Number 1033761. (jd)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 18 Filed: 4/2/2012, Entered: 4/2/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
                                                                                                                                                    ORDER FOR ADMISSION PRO HAC VICE granting [15] Motion for James F. McCabe to Appear Pro Hac Vice. It is hereby Ordered that James F. McCabe is admitted Pro Hac Vice for all purposes as counsel for defendant Reed Elsevier Inc. (Signed by Judge Jed S. Rakoff on 3/30/2012) (mro)
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                                                                                                                                                      Blank 17 Filed: 3/28/2012, Entered: 3/29/2012 OrderCourt Filing
                                                                                                                                                      ORDER: that having analyzed the relationship between Reed Elsevier and Matthew Bender, the Court determines that the relationship does not require recusal. The parties are directed to appear in court on Thursday, April 5, 2012 at 11:00 A.M. for an initial scheduling conference pursuant to Fed. R. Civ. P. 26. ( Scheduling Conference set for 4/5/2012 at 11:00 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 3/28/2012) (pl)
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                                                                                                                                                        Blank 16 Filed: 3/28/2012, Entered: 3/29/2012 OrderCourt Filing
                                                                                                                                                        NOTICE OF COURT CONFERENCE: that the Honorable Jed S. Rakoff, U.S.D.J. has ordered that counsel for all parties attend a conference, at the time and place fixed below, for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16. You are directed to furnish all attorneys in this action with copies of this notice and enclosures, and to furnish Chambers with a copy of any transmittal letter(s). DATE AND PLACE OF CONFERENCE: 04-05-2012, AT THE UNITED STATES COURTHOUSE, 500 PEARL STREET, NEW YORK, N.Y. IN COURTROOM 14-B AT 11:00. ( Status Conference set for 4/5/2012 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 3/28/2012) (pl)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 15 Filed: 3/28/2012, Entered: 3/29/2012 motion to appear pro hac vice
                                                                                                                                                          MOTION for James F. McCabe to Appear Pro Hac Vice. Document filed by Reed Elsevier Inc.(pgu)
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                                                                                                                                                            Blank 14 Filed: 3/23/2012, Entered: 3/23/2012 Stipulation and OrderCourt Filing
                                                                                                                                                            STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time within which Defendant Reed Elsevier Inc. may move, answer, or otherwise respond to the Complaint is hereby extended up to and including April 20, 2012. (Signed by Judge Jed S. Rakoff on 3/20/2012) (js)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 13 Filed: 3/20/2012, Entered: 3/20/2012 Notice of Appearance/
                                                                                                                                                              NOTICE OF APPEARANCE by Craig Brian Whitney on behalf of Reed Elsevier Inc. (Whitney, Craig)
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                                                                                                                                                                Blank 12 Filed: 3/20/2012, Entered: 3/20/2012 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Reed Elsevier NV, Corporate Parent Reed Elsevier PLC, Corporate Parent Reed Elsevier U.S. Holdings Inc., Other Affiliate Reed Elsevier Group plc, Other Affiliate Reed Elsevier Inc., Other Affiliate Reed Elsevier Overseas B.V., Other Affiliate Reed Technology and Information Services Inc., Other Affiliate Reed Holdings BV, Other Affiliate Reed Elsevier (Holdings) Ltd. for Reed Elsevier Inc.. Document filed by Reed Elsevier Inc..(Hough, James)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 11 Filed: 3/20/2012, Entered: 3/20/2012 Notice of Appearance/
                                                                                                                                                                  NOTICE OF APPEARANCE by James Edward Hough on behalf of Reed Elsevier Inc. (Hough, James)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 10 Filed: 3/15/2012, Entered: 3/15/2012 Notice of Appearance/
                                                                                                                                                                    NOTICE OF APPEARANCE by John Ryan Gerba on behalf of West Publishing Corporation (Gerba, John)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 9 Filed: 3/15/2012, Entered: 3/15/2012 Notice of Appearance/
                                                                                                                                                                      NOTICE OF APPEARANCE by Jonathan Bloom on behalf of West Publishing Corporation (Bloom, Jonathan)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 8 Filed: 3/15/2012, Entered: 3/15/2012 Notice of Appearance/
                                                                                                                                                                        NOTICE OF APPEARANCE by Benjamin Ely Marks on behalf of West Publishing Corporation (Marks, Benjamin)
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                                                                                                                                                                          Blank 7 Filed: 3/15/2012, Entered: 3/15/2012 Rule 7.1 Corporate Disclosure Statement
                                                                                                                                                                          RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Thomson Reuters Corporation, Corporate Parent Thomson Reuters (Legal) Inc. for West Publishing Corporation. Document filed by West Publishing Corporation.(Rich, Robert)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 6 Filed: 3/15/2012, Entered: 3/15/2012 Notice of Appearance/
                                                                                                                                                                            NOTICE OF APPEARANCE by Robert Bruce Rich on behalf of West Publishing Corporation (Rich, Robert)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 5 Filed: 3/12/2012, Entered: 3/12/2012 Affidavit of Service Complaints
                                                                                                                                                                              AFFIDAVIT OF SERVICE of Summons and Complaint,. All Defendants. Service was accepted by NYS Secretary of State. Document filed by Edward L. White, Edward L. White, P.C., Kenneth Elan. (Bragar, Raymond)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 4 Filed: 3/12/2012, Entered: 3/12/2012 Notice of Change of Address
                                                                                                                                                                                NOTICE OF CHANGE OF ADDRESS by Raymond A. Bragar on behalf of All Plaintiffs. New Address: Bragar Wexler Eagel & Squire, P.C., 885 Third Avenue, Suite 3040, New York, New York, 10022, (212) 308-5858. (Bragar, Raymond)
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                                                                                                                                                                                  Blank 3 Filed: 2/24/2012, Entered: 2/24/2012 OrderCourt Filing
                                                                                                                                                                                  ORDER: This case was filed on February 22, 2012 and randomly assigned to the undersigned. The undersigned periodically receives modest royalties from Matthew Bender & Co. for his co-authorship of Sand et al., Modern Federal Jury Instructions. As soon as counsel for defendant Reed Elsevier Inc. enters an appearance, that counsel is directed to file with the Court a particularized statement of Reed Elsevier Inc.'s relationship with Matthew Bender & Co. so that the Court can promptly determine whether recusal is required. (Signed by Judge Jed S. Rakoff on 2/24/2012) (pl)
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                                                                                                                                                                                    Blank 2 Filed: 2/22/2012, Entered: 2/23/2012 Standing Order re Complex Civil CasesCourt Filing
                                                                                                                                                                                    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. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro)
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                                                                                                                                                                                      Blank 1 Filed: 2/22/2012, Entered: 2/23/2012 Complaint
                                                                                                                                                                                      COMPLAINT against Reed Elsevier Inc., West Publishing Corporation. (Filing Fee $ 350.00, Receipt Number 1030502)Document filed by Edward L. White, Edward L. White, P.C., Kenneth Elan.(mro) (Additional attachment(s) added on 2/23/2012: # (1) Ex. A Part 1, # (2) Ex. A Part 2, # (3) Ex. A Part 3, # (4) Ex. A Part 4) (ama).
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                                                                                                                                                                                      Blank  Summons Issued
                                                                                                                                                                                      SUMMONS ISSUED as to Reed Elsevier Inc., West Publishing Corporation. (mro) Modified on 2/23/2012 (mro).
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                                                                                                                                                                                        Blank  Mail Copyright Form (case opening)
                                                                                                                                                                                        Mailed notice to Register of Copyrights to report the filing of this action. (mro)
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                                                                                                                                                                                          Blank  Case Designated ECF.
                                                                                                                                                                                          Case Designated ECF. (mro)
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                                                                                                                                                                                            Blank  Case Designation
                                                                                                                                                                                            Magistrate Judge Ronald L. Ellis is so designated. (mro)
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