STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: that the above-captioned matter be and hereby is dismissed in its entirety (including, all pending claims and counterclaims) for all parties, with prejudice and without costs or fees as to either party against the other. SO ORDERED. (Signed by Judge Deborah A. Batts on 3/17/2014) (ja) (Entered: 03/17/2014)
34
Filed: 2/11/2014, Entered: None
Unknown Document Type
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Boarding School Review, LLC, Berks Technical Institute, Inc., Weston Educational, Inc., Career Training Specialists, Inc., The Miami-Jacobs Business College Co., Delta Career Education Corporation, Southwest Business Colleges, Inc..(Donovan, Michelle) Modified on 2/13/2014 (dt). (Entered: 02/11/2014)
33
Filed: 1/17/2014, Entered: None
Unknown Document Type
DECLARATION of Michelle Hon Donovan re: 32 Order,, in Response to the Court's Order to Show Cause. Document filed by Delta Career Education Corporation. (Donovan, Michelle) (Entered: 01/17/2014)
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Filed: 1/2/2014, Entered: None
Unknown Document Type
ORDER TO SHOW CAUSE: Accordingly, Defendants are hereby ORDERED TO SHOW CAUSE why their Amended Counterclaims against Plaintiff should not be dismissed for failure to prosecute. See Lyell Theatre Corp. v. Loews Corp., 682 F.2d 37, 42 (2d Cir. 1982) (holding that a district courts authority to dismiss an action for failure to prosecute cannot seriously be doubted); Fed. R. Civ. P. 41(b)- (c). If Defendants fail by January 17, 2014 to either (1) show cause, or (2) move for default judgment against Plaintiff, Defendants' Amended Counterclaims against Plaintiff shall be dismissed for failure to prosecute. Defendants' showing of good cause, if any, shall be made by affidavit. (Signed by Judge Deborah A. Batts on 1/2/2014) (tro) (Entered: 01/03/2014)
31
Filed: 11/15/2013, Entered: None
Unknown Document Type
FIRST AMENDED COUNTERCLAIM amending 11 Answer to Amended Complaint, Counterclaim,,,, against Boarding School Review, LLC.Document filed by Miller-Motte Business Colleges, Inc., Career Training Specialists, Inc., The Miami-Jacobs Business College Co., Delta Career Education Corporation, McCann Education Centers, Inc., Southwest Business Colleges, Inc., Berks Technical Institute, Inc.. Related document: 11 Answer to Amended Complaint, Counterclaim,,,, filed by The Miami-Jacobs Business College Co., McCann Education Centers, Inc., Weston Educational, Inc., Delta Career Education Corporation, Southwest Business Colleges, Inc., Career Training Specialists, Inc., Berks Technical Institute, Inc., Miller-Motte Business Colleges, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Donovan, Michelle) (Entered: 11/15/2013)
30
Filed: 10/16/2013, Entered: None
Unknown Document Type
ORDER granting in part and denying in part 23 Motion for Reconsideration. Because all of Defendants' rationales for reconsideration rest entirely on the newly submitted evidence, Defendants' Motion for Reconsideration is DENIED. Accordingly, the Court GRANTS Defendants leave to amend their state deceptive trade practices counterclaim regarding the "Get info / application from" hyperlinks on Plaintiff's webpages, but DENIES leave to amend all other state deceptive trade practices counterclaims. Any amended counterclaims shall be filed within thirty days of the date of this Order. Failure to do so shall result in dismissal with prejudice of all counterclaims in this matter except for the Copyright Act counterclaims for relief other than statutory damages and attorney's fees. (Signed by Judge Deborah A. Batts on 10/16/2013) (lmb) (Entered: 10/16/2013)
ENDORSED LETTER addressed to Judge Deborah A. Batts from R. Terry Parker dated 5/7/2013 re: Counsel requests leave of the Court for an extension of the deadline to file its amended counterclaims until 14 days after a ruling on Delta's motion for reconsideration. This is Delta's first request for an extension. BSR consents to this request. ENDORSEMENT: Granted. (Signed by Judge Deborah A. Batts on 5/8/2013) (ft) Modified on 5/9/2013 (ft). (Entered: 05/08/2013)
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Filed: 5/2/2013, Entered: None
Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 23 MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,. MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,.. Document filed by Berks Technical Institute, Inc., Career Training Specialists, Inc., Delta Career Education Corporation, McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Southwest Business Colleges, Inc., The Miami-Jacobs Business College Co.. (Donovan, Michelle) (Entered: 05/02/2013)
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Filed: 4/22/2013, Entered: None
Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 23 MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,. MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,.. Document filed by Boarding School Review, LLC. (Coleman, Ronald) (Entered: 04/22/2013)
NOTICE of Request for Judicial Notice re: 24 Memorandum of Law in Support of Motion, 23 MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,. MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,.. Document filed by Berks Technical Institute, Inc., Career Training Specialists, Inc., Delta Career Education Corporation, McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Southwest Business Colleges, Inc., The Miami-Jacobs Business College Co.. (Donovan, Michelle) (Entered: 04/12/2013)
MEMORANDUM OF LAW in Support re: 23 MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,. MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,.. Document filed by Berks Technical Institute, Inc., Career Training Specialists, Inc., Delta Career Education Corporation, McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Southwest Business Colleges, Inc., The Miami-Jacobs Business College Co.. (Donovan, Michelle) (Entered: 04/12/2013)
23
Filed: 4/12/2013, Entered: None
Unknown Document Type
MOTION for Reconsideration re; 22 Order on Motion to Dismiss,,,,,,,,,. Document filed by Berks Technical Institute, Inc., Career Training Specialists, Inc., Delta Career Education Corporation, McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Southwest Business Colleges, Inc., The Miami-Jacobs Business College Co..(Donovan, Michelle) (Entered: 04/12/2013)
MEMORANDUM AND ORDER granting in part and denying in part 17 Motion to Dismiss.. For the foregoing reasons, BSRs Motion to Dismiss Defendant's Counterclaims pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED as to Defendant's counterclaims for trademark infringement, unfair competition, deceptive trade practices, and trademark dilution, as well as to Defendant's copyright infringement counterclaims for statutory damages and attorneys fees. BSRs Motion is DENIED as to Defendant's remaining copyright infringement counterclaims. When a complaint has been dismissed, permission to amend it shall be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). However, a court may dismiss without leave to amend when amendment would be futile, or would not survive a motion to dismiss. Oneida Indian Nation of New York v. City of Sherrill, 337 F.3d 139, 168 (2d Cir. 2003), rev'd on other grounds, 544 U.S. 197 (2005). Where the plaintiff is unable to demonstrate that he would be able to amend his complaint in a manner which would survive dismissal, opportunity to replead is rightfully denied. Beachum v. AWISCO New York Corp., 459 F. Appx 58, 59 (2d Cir. 2012) (quoting Hayden v. Cnty. of Nassau, 180 F.3d 42, 53 (2d Cir. 1999)) (internal quotation marks omitted). The Court GRANTS Defendant's leave to amend their federal and state trademark infringement, federal and state unfair competition, and state trademark dilution counterclaims regarding the Get info/application from hyperlinks featured on the printouts of BSR's webpages. (See Am. Compl. Ex. A at 10, 16; Am. Compl. Ex. C at 12; Def. Req. Judicial Notice Ex. C at 4; Def. Req. Judicial Notice Ex. D at 4.) All other trademark infringement, unfair competition, deceptive trade practices, and trademark dilution claims are DISMISSED WITH PREJUDICE, as are Defendant's copyright infringement claims for statutory damages and attorneys fees. Amendment of these claims would be futile or would not survive a motion to dismiss. Any amended counterclaims shall be filed within forty-five days of the date of this Order. Failure to do so shall result in dismissal with prejudice of all claims except for the Copyright Act counterclaims for relief other than statutory damages and attorneys fees. (Signed by Judge Deborah A. Batts on 3/29/2013) (ago) (Entered: 03/29/2013)
REPLY MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Counterclaim of defendants / Counterclaim plaintiffs.. Document filed by Boarding School Review, LLC. (Nussbaum, Marcus) (Entered: 09/07/2012)
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Filed: 9/4/2012, Entered: None
Unknown Document Type
ENDORSED LETTER addressed to Judge Deborah A. Batts from Marcus A. Nussbaum dated 9/4/2012 re: Counsel requests that plaintiffs time to file a reply brief be extended from September 4, 2012 to September 7, 2012. ENDORSEMENT: Extension granted to September 7, 2012. (Signed by Judge Deborah A. Batts on 9/4/2012) (ft) (Entered: 09/04/2012)
19
Filed: 8/27/2012, Entered: None
Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss the Counterclaim of defendants / Counterclaim plaintiffs.. Document filed by Berks Technical Institute, Inc., Career Training Specialists, Inc., Delta Career Education Corporation, McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Southwest Business Colleges, Inc., The Miami-Jacobs Business College Co., Weston Educational, Inc.. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit RJN Exhibit A, # 3 Exhibit RJN Exhibit B, # 4 Exhibit RJN Exhibit C, # 5 Exhibit RJN Exhibit D, # 6 Exhibit RJN Exhibit E)(Hon, Michelle) (Entered: 08/27/2012)
18
Filed: 8/9/2012, Entered: None
Unknown Document Type
MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss the Counterclaim of defendants / Counterclaim plaintiffs.. Document filed by Boarding School Review, LLC. (Nussbaum, Marcus) (Entered: 08/09/2012)
17
Filed: 8/9/2012, Entered: None
Unknown Document Type
MOTION to Dismiss the Counterclaim of defendants / Counterclaim plaintiffs. Document filed by Boarding School Review, LLC.(Nussbaum, Marcus) (Entered: 08/09/2012)
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Filed: 8/9/2012, Entered: None
Unknown Document Type
ORDER FOR ADMISSION PRO HAC VICE OF MICHELLE HON DONOVAN: granting 9 Motion for Michelle Hon Donovan to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 8/7/2012) (js) (Entered: 08/09/2012)
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Filed: 8/9/2012, Entered: None
Unknown Document Type
ORDER FOR ADMISSION PRO HAC VICE OF KEITH ZAKARIN: granting 8 Motion for Keith Zakarin to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 6/7/2012) (js) (Entered: 08/09/2012)
14
Filed: 8/9/2012, Entered: None
Unknown Document Type
ORDER FOR ADMISSION PRO HAC VICE OF HEATHER U. GUERENA: granting 7 Motion for Heather U. Guerena to Appear Pro Hac Vice. (Signed by Judge Deborah A. Batts on 6/7/2012) (js) (Entered: 08/09/2012)
13
Filed: 7/25/2012, Entered: None
Unknown Document Type
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties, that the time for plaintiff to answer, move, or otherwise respond to the counterclaim of defendants Delta Career Education Corporation, Weston Educational, Inc., Berks Technical Institute, Inc., Career Training Specialists, Inc., McCann Education Centers, Inc., Miller-Motte Business College, Inc., Southwest Business Colleges, Inc., and The Miami-Jacobs Business College Co. ("defendants") is hereby extended, up to and including August 9,2012., Boarding School Review, LLC answer due 8/9/2012. (Signed by Judge Deborah A. Batts on 7/25/2012) (lmb) (Entered: 07/25/2012)
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Filed: 7/25/2012, Entered: None
Unknown Document Type
NOTICE OF APPEARANCE by Marcus Aurelius Nussbaum on behalf of Boarding School Review, LLC (Nussbaum, Marcus) (Entered: 07/25/2012)
AMENDED COMPLAINT amending 1 Complaint against Delta Career Education Corporation, Weston Educational, Inc., Berks Technical Institute, Inc., Career Training Specialists, Inc., McCann Education Centers, Inc., Miller-Motte Business Colleges, Inc., Southwest Business Colleges, Inc., The Miami-Jacobs Business College Co. Document filed by Boarding School Review, LLC. Related document: 1 Complaint filed by Boarding School Review, LLC.(lmb) (ama). (Entered: 06/21/2012)
MOTION for Michelle Hon Donovan to Appear Pro Hac Vice. Document filed by Delta Career Education Corporation, Weston Educational, Inc.(pgu) (pgu). (Entered: 05/31/2012)
MOTION for Keith Zakarin to Appear Pro Hac Vice. Document filed by Delta Career Education Corporation, Weston Educational, Inc.(pgu) (pgu). (Entered: 05/31/2012)
MOTION for Heather U. Guerena to Appear Pro Hac Vice. Document filed by Delta Career Education Corporation, Weston Educational, Inc.(pgu) (pgu). (Entered: 05/31/2012)
WAIVER OF SERVICE RETURNED EXECUTED. Weston Education, Inc. waiver sent on 3/12/2012, answer due 5/11/2012. Document filed by Boarding School Review, LLC. (Nussbaum, Marcus) (Entered: 03/23/2012)
WAIVER OF SERVICE RETURNED EXECUTED. Delta Career Education Corporation waiver sent on 3/12/2012, answer due 5/11/2012. Document filed by Boarding School Review, LLC. (Nussbaum, Marcus) (Entered: 03/23/2012)
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. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz) (Entered: 12/09/2011)
COMPLAINT against Delta Career Education Corporation, Weston Educational, Inc. (Filing Fee $ 350.00, Receipt Number 465401023717)Document filed by Boarding School Review, LLC.(rdz) Modified on 5/29/2012 (laq). (Entered: 12/09/2011)
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