Plaintiffs allege that defendant Norman Miller d/b/a Excel Test Preparation operates a copy shop near the University of Michigan that allows students to reproduce their own coursepack, which includes journals articles and excerpts from books. Plaintiffs further allege that defendant does not arrange for permission to copy the materials in the coursepacks from the Copyright Clearance Center, INc.
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Date Filed
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#
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Docket Text
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| June 28, 2007 |
1
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COMPLAINT filed by all plaintiffs against all defendants, Receipt No: 6617 - Fee: $ 350. (DHam) (Entered: July 2, 2007)
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| June 28, 2007 |
2
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by John Wiley and Sons, Incorporated (DHam) (Entered: July 2, 2007)
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| June 28, 2007 |
3
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Sage Publications, Incorporated (DHam) (Entered: July 2, 2007)
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| June 28, 2007 |
4
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Oxford University Press, Incorporated (DHam) (Entered: July 2, 2007)
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| June 28, 2007 |
5
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Elsevier, Incorporated (DHam) (Entered: July 2, 2007)
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| June 28, 2007 |
6
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Blackwell Publishing, Incorporated (DHam) (Entered: July 2, 2007)
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| July 3, 2007 |
7
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CERTIFICATE of Service/Summons Returned Executed. Norman Miller served on 6/28/2007, answer due 7/18/2007. (Fink, Karl) (Entered: July 3, 2007)
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| July 17, 2007 |
8
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ATTORNEY APPEARANCE: Susan M. Kornfield appearing on behalf of Norman Miller (Kornfield, Susan) (Entered: July 17, 2007)
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| July 17, 2007 |
9
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ATTORNEY APPEARANCE: Alan N. Harris appearing on behalf of Norman Miller (Harris, Alan) (Entered: July 17, 2007)
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| July 19, 2007 |
10
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AMENDED COMPLAINT and Certificate of Service filed by all plaintiffs against all defendants. (Attachments: # 1 Exhibit
Excel Research Group, LLC Filings# 2 Exhibit List of Infringed Words) (Fink, Karl) (Entered: July 19, 2007)
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| July 25, 2007 |
11
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CERTIFICATE of Service/Summons Returned Executed. Excel Research Group, LLC served on 7/24/2007, answer due 8/13/2007. (Fink, Karl) (Entered: July 25, 2007)
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| August 13, 2007 |
12
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ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by all defendants. (Kornfield, Susan) (Entered: August 13, 2007)
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| August 13, 2007 |
13
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STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Excel Research Group, LLC (Kornfield, Susan) (Entered: August 13, 2007)
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| August 13, 2007 |
14
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NOTICE TO APPEAR: Status Conference set for 8/30/2007 02:30 PM before Honorable Avern Cohn (JOwe) (Entered: August 13, 2007)
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| August 30, 2007 |
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Minute Entry -Status Conference held on 8/30/2007 before Honorable Avern Cohn. (JOwe) (Entered: August 30, 2007)
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| August 31, 2007 |
15
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STATUS Conference MEMORANDUM (JOwe) (Entered: August 31, 2007)
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| August 31, 2007 |
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Set Deadlines/Hearings: Status Conference set for 11/16/2007 02:00 PM before Honorable Avern Cohn (JOwe) (Entered: August 31, 2007)
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| September 7, 2007 |
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Set Deadlines/Hearings:Motion for Summary Judgment due by 12/3/2007, Status Conference set for 12/18/2007 02:00 PM before Honorable
Avern Cohn (JOwe) (Entered: September 7, 2007)
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| December 3, 2007 |
16
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MOTION for Summary Judgment by all defendants. (Attachments: # 1 Index of Exhibits Exhibit List# 2 Exhibit 1: JSTOR License Agreement# 3 Exhibit 2: Blackwell Publishing
Site License# 4 Exhibit 3: Enhanced Access License for Wiley Interscience Consortium Customers# 5 Exhibit 4: Sage License Agreement# 6 Exhibit 5: Elsevier License
Agreement# 7 Exhibit 6: Oxford University Press/Subscriber Terms of Use Agreement# 8 Exhibit 7: MDS Oral Argument Transcript Sixth Circuit Panel Decision# 9
Exhibit 8: Declaration of Norman Miller) (Kornfield, Susan) (Entered: December 3, 2007)
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| December 3, 2007 |
17
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Defendants' STATEMENT of Undisputed Facts in Support of Their Motion for Summary Judgment by Norman Miller, Excel Research Group, LLC (Kornfield, Susan) (Entered: December 3, 2007)
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| December 18, 2007 |
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Minute Entry -Status Conference held on 12/18/2007 before Honorable Avern Cohn. (JOwe) (Entered: December 18, 2007)
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| December 19, 2007 |
18
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NOTICE of hearing on 16 MOTION for Summary Judgment. Motion Hearing set for 3/26/2008 02:00 PM before Honorable Avern Cohn. (JOwe) (Entered: December 19, 2007)
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| January 16, 2008 |
19
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NOTICE of hearing on 16 MOTION for Summary Judgment. Motion Hearing set for 2/6/2008 02:00 PM before Honorable Avern Cohn. (JOwe) (Entered: January 16, 2008)
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| January 18, 2008 |
20
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NOTICE of hearing on 16 MOTION for Summary Judgment. Motion Hearing reset for 2/15/2008 02:00 PM before Honorable Avern Cohn. (JOwe) (Entered: January 18, 2008)
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| January 22, 2008 |
21
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NOTICE of Appearance by Amy C. Mainelli Burke on behalf of John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press,
Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) (Entered: January 22, 2008)
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| January 25, 2008 |
22
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RESPONSE to 16 MOTION for Summary Judgment filed by John Wiley and Sons,
Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) (Entered:
01/25/2008)
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| January 25, 2008 |
23
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RESPONSE to 16 MOTION for Summary Judgment Response to Defendants' Statement
of Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications,
Incorporated. (Attachments: # 1 Index of Exhibits # 2 Exhibit A -
JSTORs Terms and Conditions of Use of the JSTOR Archive# 3 Exhibit B - Table of Works at Issue# 4 Exhibit C - November 16, 2007 Letter to Defendants# 5 Exhibit D - Pages
from University of Michigan course syllabi# 6 Exhibit E - Newspaper story regarding Excel) (Mainelli Burke, Amy) (Entered:
01/25/2008)
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| February 8, 2008 |
24
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REPLY to Response re 16 MOTION for Summary Judgment filed by all defendants.
(Attachments: # 1 Index of Exhibits Defendants' Exhibit List# 2
Exhibit A: Declaration of Paul N. Courant with Attachment to the Declaration (Exhibit 1) - Library e-Book Agreement) (Kornfield, Susan) (Entered: February 8, 2008)
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| February 13, 2008 |
25
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DECLARATION by Roy S. Kaufman re 22 Response to Motion, 23 Response to Motion,, filed by John Wiley and Sons, Incorporated, Blackwell
Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) (Entered: February 13, 2008)
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| February 15, 2008 |
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Minute Entry -Motion Hearing held on 2/15/2008 re 16 MOTION for Summary
Judgment filed by Norman Miller, Excel Research Group, LLC before Honorable Avern Cohn. Disposition: Taken Under Advisement(Court Reporter Sheri Ward) (JOwe) (Entered: February 15, 2008)
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| February 22, 2008 |
26
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ORDER denying 16 Defendant's Motion for Summary Judgment Without Prejudice.
Signed by Honorable Avern Cohn. (JOwe) (Entered: February 22, 2008)
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| March 24, 2008 |
27
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TRANSCRIPT of Hearing on Defendants' Motion for Summary Judgment held on February 15, 2008. (Court Reporter: Sheri Ward) (Number of Pages: 36) (Ward, S) (Entered: March 24, 2008)
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| May 9, 2008 |
28
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SCHEDULING ORDER: Discovery due by 9/12/2008 Dispositive Motion Cut-off set for 10/14/2008 Final
Pretrial Conference set for 1/20/2009 02:00 PM before District Judge Avern Cohn Jury Trial set for 2/23/2009 09:00 AM before District Judge Avern
Cohn Signed by District Judge Avern Cohn. (Refer to image for additional information) (JOwe) (Entered: May 9, 2008)
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| September 12, 2008 |
29
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MOTION for Withdrawal of Attorney and Supporting Brief Alan N. Harris by Norman Miller, Excel Research Group, LLC. (Harris, Alan) (Entered: September 12, 2008)
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| September 12, 2008 |
30
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MOTION to Amend/Correct the pretrial and scheduling order by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press,
Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) (Entered: September 12, 2008)
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| September 19, 2008 |
31
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Order Granting Bodman LLP's Motion to Withdraw as Counsel for Defendants. Signed by District Judge Avern Cohn. (JCre) (Entered: September 19, 2008)
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| September 19, 2008 |
32
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ORDER granting 30 Plaintiffs' Unopposed Motion for Amendment of Pretrial and
Scheduling Order. Signed by District Judge Avern Cohn. (JOwe) (Entered: September 19, 2008)
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| September 22, 2008 |
33
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ORDER rescinding 31 Order on Motion to Withdraw as Attorney., ( Status Conference set for 10/8/2008 11:30 AM before District Judge Avern Cohn) Signed by District Judge Avern Cohn. (DEld) (Entered: September 22, 2008)
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| October 8, 2008 |
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Minute Entry -Status Conference held on 10/8/2008 before District Judge Avern Cohn. Disposition: Motion to Withdraw as Counsel Granted (JOwe) (Entered: October 8, 2008)
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| October 8, 2008 |
34
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Order Granting Bodman LLP's Motion to Withdraw as Counsel for Defendants Signed by District Judge Avern Cohn. (JCre) (Entered: October 9, 2008)
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| October 9, 2008 |
35
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MOTION for Default Judgment as to Norman Miller, Excel Research Group, LLC by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford
University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) (Entered: October 9, 2008)
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| October 14, 2008 |
36
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NOTICE of hearing on 35 MOTION for Default Judgment as to Norman Miller, Excel
Research Group, LLC. Motion Hearing set for 11/12/2008 02:00 PM before District Judge Avern Cohn. (JOwe) (Entered: October 14, 2008)
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| October 30, 2008 |
37
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NOTICE of Appearance by David A. Nacht on behalf of Excel Research Group, LLC. (Nacht, David) (Entered: October 30, 2008)
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| October 31, 2008 |
38
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MOTION Status Conference by Norman Miller. (Nacht, David) (Entered: October 31, 2008)
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| November 4, 2008 |
39
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ORDER granting 38 Defendants' Motion for Status Conference. Signed by District
Judge Avern Cohn. (JOwe) (Entered: November 4, 2008)
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| November 4, 2008 |
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Set Deadlines/Hearings: Status Conference set for 11/12/2008 02:00 PM before District Judge Avern Cohn (JOwe) (Entered: November 4, 2008)
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| November 5, 2008 |
40
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RESPONSE to 35 MOTION for Default Judgment as to Norman Miller, Excel Research
Group, LLC filed by Norman Miller, Excel Research Group, LLC. (Nacht, David) (Entered: November 5, 2008)
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| November 12, 2008 |
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Minute Entry -Status Conference held on 11/12/2008 before District Judge Avern Cohn. (JOwe) (Entered: November 13, 2008)
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| November 21, 2008 |
41
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SCHEDULING ORDER: Discovery due by 2/23/2009 Dispositive Motion Cut-off set for 3/23/2009 Final
Pretrial Conference set for 6/23/2009 02:00 PM before District Judge Avern Cohn Jury Trial set for 7/20/2009 09:00 AM before District Judge Avern
Cohn Signed by District Judge Avern Cohn. (Refer to image for additional information) (JOwe) (Entered: November 21, 2008)
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| February 17, 2009 |
42
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STIPULATED ORDER for Extension of Discovery, ( Discovery due by 4/24/2009, Dispositive Motion Cut-off set for 5/26/2009,
Final Pretrial Conference set for 9/1/2009 02:00 PM before District Judge Avern Cohn, Jury Trial set for 9/28/2009 09:00 AM before
District Judge Avern Cohn) Signed by District Judge Avern Cohn. (JOwe) (Entered: February 17, 2009)
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| May 12, 2009 |
43
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STIPULATED ORDER for Extension of Dispositive Motion Cut-off Deadline Signed by District Judge Avern Cohn. (JOwe) (Entered: May 12, 2009)
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| June 29, 2009 |
44
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MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed Facts by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier,
Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Attachments: # 1 Index of Exhibits, #
2 Exhibit 1 - Declaration of Barbara Cohen, # 3 Exhibit 2 -
Declaration of Paul Doda, # 4 Exhibit 3 - Declaration of Roy Kaufman, # 5 Exhibit 4 - Declaration of Sara Van Valkenberg, # 6 Exhibit 5 -
Declaration of William S. Strong) (Mainelli Burke, Amy) (Entered: June 29, 2009)
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| July 8, 2009 |
45
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STIPULATED ORDER for Extension of Time to File Response as to 44 MOTION for
Summary Judgment :( Response due by 7/27/2009) Signed by District Judge Avern Cohn. (JOwe) (Entered: July 8, 2009)
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| July 27, 2009 |
46
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RESPONSE to 44 MOTION for Summary Judgment and accompanying Brief and
Statement of Undiputed Facts filed by Norman Miller. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Nacht, David) (Entered: July 27, 2009)
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| July 28, 2009 |
47
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NOTICE of hearing on 44 MOTION for Summary Judgment. Motion Hearing set for 9/25/2009 10:00 AM before District Judge Avern Cohn. (JOwe) (Entered: July 28, 2009)
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| August 3, 2009 |
48
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REPLY to Response re 44 MOTION for Summary Judgment and accompanying Brief
and Statement of Undiputed Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage
Publications, Incorporated. (Mainelli Burke, Amy) (Entered: August 3, 2009)
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| August 3, 2009 |
49
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DECLARATION by Barbara Cohen re 48 Reply to Response to Motion, 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed
Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated
(Mainelli Burke, Amy) (Entered: August 3, 2009)
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| August 3, 2009 |
50
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DECLARATION by William S. Strong re 48 Reply to Response to Motion, 44 MOTION for Summary Judgment and accompanying Brief and Statement of Undiputed
Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Mainelli Burke, Amy) (Entered: August 3, 2009)
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| August 3, 2009 |
51
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REPLY to Response re 44 MOTION for Summary Judgment and accompanying Brief
and Statement of Undiputed Facts Plaintiffs' Reply to Defendants' Statement of Facts filed by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier,
Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated. (Mainelli Burke, Amy) (Entered: August 3, 2009)
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| August 12, 2009 |
52
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NOTICE of hearing on 44 MOTION for Summary Judgment and accompanying Brief
and Statement of Undiputed Facts. Motion Hearing reset for 9/30/2009 02:00 PM before District Judge Avern Cohn. (JOwe) (Entered: August 12, 2009)
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| September 24, 2009 |
53
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Joint Submission of STATEMENT of Facts Relevant to Plaintiffs' Motion for Partial Summary Judgment by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated,
Elsevier, Incorporated, Oxford University Press, Incorporated, Sage Publications, Incorporated (Mainelli Burke, Amy) (Entered: September 24, 2009)
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| September 30, 2009 |
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Minute Entry - Motion Hearing held on 9/30/2009 re 44 MOTION for Summary
Judgment filed by John Wiley and Sons, Incorporated, Sage Publications, Incorporated, Oxford University Press, Incorporated, Elsevier, Incorporated, Blackwell Publishing, Incorporated
before District Judge Avern Cohn. Disposition: Taken Under Advisement(Court Reporter Ronald DiBartolomeo) (JOwe) (Entered: September 30, 2009)
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| October 14, 2009 |
54
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MEMORANDUM and ORDER granting 44 Plaintiffs' Motion for Partial Summary
Judgment. Signed by District Judge Avern Cohn. (JOwe) (Entered: October 14, 2009)
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| October 26, 2009 |
55
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Plaintiffs' STATEMENT of Case Management by John Wiley and Sons, Incorporated, Blackwell Publishing, Incorporated, Elsevier, Incorporated, Oxford University Press, Incorporated,
Sage Publications, Incorporated (Mainelli Burke, Amy) (Entered: October 26, 2009)
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