Plaintiffs The Author's Guide. Herbert Mitgang, Betty Miles and Daniel Hoffman sued Google Inc. for reproducing a digital copy of plaintiffs' works without the copyright holders' permission and in violation of the authors' rights under the copyright laws.
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Date Filed
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Docket Text
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| September 20, 2005 |
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COMPLAINT against Google Inc. (Filing Fee $ 250.00, Receipt Number 555987)Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(laq, ) (Entered: September 22, 2005)
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| September 20, 2005 |
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SUMMONS ISSUED as to Google Inc.. (laq, ) (Entered: September 22, 2005)
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| September 20, 2005 |
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(laq, ) (Entered: September 22, 2005)
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| September 20, 2005 |
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Magistrate Judge Douglas F. Eaton is so designated. (laq, ) (Entered: September 22, 2005)
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| September 20, 2005 |
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Case Designated ECF. (laq, ) (Entered: September 22, 2005)
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| October 10, 2005 |
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SUMMONS RETURNED EXECUTED. Google Inc. served on 9/23/2005, answer due 10/13/2005. Service was accepted by Ashok Ramani, Legal Representative, authorized to accept service of Summons in a
Civil Action, Class Action Complaint, Rule 7.1 Statement, Civil Case Cover Sheet, Magistrate Judge Eaton's and Judge Sprizzo Rules along with ECF Procedures and Guidelines, on behalf of
Google Inc. Document filed by The Author's Guild. (Attachments: # 1)(Dumain, Sanford) (Entered: October 10, 2005)
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| October 11, 2005 |
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STIPULATION AND ORDER that the time for deft to respond to the complaint is extended 20 days from 10/13 to and including 11/2/05. (Signed by Judge John E. Sprizzo on 10/7/05) (cd, )
(Entered: October 12, 2005)
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| October 11, 2005 |
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Set Answer Due Date purs. to 4 Stipulation and Order as to Google Inc. answer
due on 11/2/2005. (cd, ) (Entered: October 12, 2005)
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| October 11, 2005 |
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MOTION for Joseph M. Beck to Appear Pro Hac Vice. Document filed by Google Inc. (jco, ) (Entered: October 12, 2005)
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| October 11, 2005 |
6
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MOTION for Adam H. Charnes to Appear Pro Hac Vice. Document filed by Google Inc. (jco, ) (Entered: October 12, 2005)
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| October 24, 2005 |
7
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MOTION for an order, admitting Michael J. Boni to Appear Pro Hac Vice as counsel for Plaintiffs. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.
Affidavit of Sanford P. Dumain attached.(sac, ) (Entered: October 25, 2005)
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| October 24, 2005 |
8
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MOTION for an order, admitting J. Kate Reznick to Appear Pro Hac Vice as counsel for Plaintiffs. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.
Affidavit of Sanford P. Dumain attached.(sac, ) (Entered: October 25, 2005)
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| October 25, 2005 |
9
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ORDER granting 5 Motion for Joseph M. Beck to Appear Pro Hac Vice . (Signed by
Judge John E. Sprizzo on 10/24/05) (jco, ) (Entered: October 25, 2005)
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| October 25, 2005 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 9 Order on Motion to
Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: October 25, 2005)
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| October 25, 2005 |
10
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ORDER granting 6 Motion for Adam H. Charnes to Appear Pro Hac Vice . (Signed by
Judge John E. Sprizzo on 10/24/05) (jco, ) (Entered: October 25, 2005)
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| October 25, 2005 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 10 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: October 25, 2005)
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| October 27, 2005 |
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CASHIERS OFFICE REMARK on 10 Order on Motion to Appear Pro Hac Vice, 9 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 10/27/2005,
Receipt Number 559555. (gm, ) (Entered: October 27, 2005)
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| October 28, 2005 |
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ORDER that dft is granted leave to submit its motion for summary judgment not to exceed 25 pages on or before 11/30/05; plaintiffs shall submit their response to dft's motion and any
cross motion; together not to exceed 25 pages on or before 1/6/06; dft shall submit its replyto plaintiffs' cross motion, if any, limited to the issues raised therein not to exceed
fifteen pages, on or before 1/24/06 and oral argument shall occur on 1/30/06 at 3:00 pm. in courtoom 705, 40 Centre Street. (Signed by Judge John E. Sprizzo on 10/26/05) (dle, ) (Entered:
10/31/2005)
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| October 28, 2005 |
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Set Deadlines/Hearings: Motions due by 11/30/2005. Replies due by 1/24/2006. Responses due by 1/6/2006 Oral Argument set for 1/30/2006 03:00 PM before Judge John E. Sprizzo. (dle, )
(Entered: October 31, 2005)
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| November 18, 2005 |
12
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NOTICE of Appearance by Laura Helen Gundersheim on behalf of all plaintiffs (Gundersheim, Laura) (Entered: November 18, 2005)
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| November 30, 2005 |
13
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RULE 7.1 DISCLOSURE STATEMENT. Document filed by Google Inc..(Bernstein, Robert) (Entered: November 30, 2005)
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| November 30, 2005 |
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ANSWER to Complaint with JURY DEMAND. Document filed by Google Inc..(Bernstein, Robert) (Entered: November 30, 2005)
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| December 9, 2005 |
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AFFIDAVIT of Sanford P. Dumain in Support re: 7 MOTION for Michael J. Boni to
Appear Pro Hac Vice.. Document filed by The Author's Guild. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gundersheim, Laura) (Entered: December 9, 2005)
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| December 9, 2005 |
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AFFIDAVIT of Sanford P. Dumain in Support re: 8 MOTION for J. Kate Reznick to
Appear Pro Hac Vice.. Document filed by The Author's Guild. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gundersheim, Laura) (Entered: December 9, 2005)
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| December 15, 2005 |
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MOTION for Alex S. Fonoroff to Appear Pro Hac Vice. Attached is Affidavit of Robert J. Bernstein in support Document filed by Google Inc.. (djc, ) (Entered: December 16, 2005)
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| December 15, 2005 |
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ORDER granting 8 Motion for J. Kate Reznick to Appear Pro Hac Vice . (Signed by
Judge John E. Sprizzo on 12/13/05) (jco, ) (Entered: December 16, 2005)
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| December 15, 2005 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 18 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: December 16, 2005)
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| December 15, 2005 |
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ORDER granting 7 Motion for Michael J. Boni to Appear Pro Hac Vice . (Signed by
Judge John E. Sprizzo on 12/13/05) (jco, ) (Entered: December 16, 2005)
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| December 29, 2005 |
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CASHIERS OFFICE REMARK on 19 Order on Motion to Appear Pro Hac Vice, 18 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/22/2005,
Receipt Number 564907. (jd, ) (Entered: December 29, 2005)
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| March 16, 2006 |
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ORDER; granting 17 Motion for Alex S. Fonoroff, Esq. to Appear Pro Hac Vice
(Signed by Judge John E. Sprizzo on 3/14/06) (sac, ) (Entered: March 16, 2006)
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| March 16, 2006 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 20 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, ) (Entered: March 16, 2006)
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| March 29, 2006 |
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NOTICE OF APPEARANCE by Alex Seth Fonoroff, S on behalf of Google Inc. (Fonoroff, Alex) (Entered: March 29, 2006)
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| April 12, 2006 |
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NOTICE OF APPEARANCE by Jeffrey A. Conciatori on behalf of Google Inc. (Conciatori, Jeffrey) (Entered: April 12, 2006)
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| April 13, 2006 |
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MOTION for Ronald L. Raider to Appear Pro Hac Vice. Document filed by Google Inc. (jco, ) (Entered: April 14, 2006)
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| April 19, 2006 |
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ORDER granting 23 Motion for Ronald L. Raider to Appear Pro Hac Vice . (Signed
by Judge John E. Sprizzo on 4/18/06) (jco, ) (Entered: April 20, 2006)
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| April 19, 2006 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 24 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: April 20, 2006)
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| May 9, 2006 |
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NOTICE of Substitution of Attorney. Old Attorney: Robert J. Bernstein, New Attorney: Jeffrey A. Conciatori, Address: Quinn Emanuel Urquhart Oliver & Hedges, LLP, 51 Madison Avenue,
22nd fl., New York, New York, United States 10010, 212-849-7000. Document filed by Google Inc.. (Conciatori, Jeffrey) (Entered: May 9, 2006)
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| May 11, 2006 |
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STIPULATION AND ORDER; that the law firm of Quinn Emanuel Urquhart Oliver & Hedges, LLP be substituted as counsel for dft. in the place of The Law Offices of Robert J. Bernstein.
(Signed by Judge John E. Sprizzo on 4/27/06) (pl, ) (Entered: May 11, 2006)
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| May 11, 2006 |
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NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Conciatori on behalf of Google Inc.. New Address: Quinn Emanuel Urquhart Oliver & Hedges, LLP, 51 Madison Avenue, 22nd Fl., New York, New
York, United States 10010, 212-849-7000. (Conciatori, Jeffrey) (Entered: May 11, 2006)
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| May 17, 2006 |
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PROTECTIVE ORDER; regarding procedures to be followed that shall govern the handling of confidential information. (Signed by Judge John E. Sprizzo on 5/16/2006) (kkc, ) (Entered:
05/18/2006)
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| May 22, 2006 |
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CASE MANAGEMENT PLAN: Amended Pleadings due by 6/19/2006. Motions due by 7/2/2007. Discovery due by 4/9/2007. Pretrial Conference set for 10/23/2006 03:00 PM before Judge John E. Sprizzo;
initial disclosures under Rule 26(a)(1) shall be exchanged by 5/19/06; disclosure of expert witnesses required under Rule 26(a)(2) (A) shall be exchanged on 2/16/07; initial expert
reports shall be exchanged on 3/16/07; rebuttal expert reports shall be exchanged on 4/4/07; expert deposition shall be taken from 4/4/07 through 5/15/07. (Signed by Judge John E. Sprizzo
on 5/12/06) (dle, ) (Entered: May 22, 2006)
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| June 9, 2006 |
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RULE 26 DISCLOSURE.Document filed by Google Inc..(Raider, Ronald) (Entered: June 9, 2006)
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| June 12, 2006 |
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RULE 26 DISCLOSURE.Document filed by Google Inc..(Raider, Ronald) (Entered: June 12, 2006)
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| June 19, 2006 |
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MOTION to Amend/Correct the Complaint. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(Dumain, Sanford)
(Entered: June 19, 2006)
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| June 19, 2006 |
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DECLARATION of J Kate Reznick in Support re: 32 MOTION to Amend/Correct the
Complaint.. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Exhibit
A (Amended Complaint)# 2 Certificate of Service)(Dumain, Sanford) (Entered: June 19, 2006)
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| June 19, 2006 |
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MEMORANDUM OF LAW in Support re: 32 MOTION to Amend/Correct the
Complaint.. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1
Certificate of Service)(Dumain, Sanford) (Entered: June 19, 2006)
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| June 29, 2006 |
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STIPULATION AND ORDER: The parties agree as follows: Plaintiffs may amend their complaint as set forth in their moving papers, and the amended class action complaint attached to the
moving papers is deemed filed on June 19, 2006. Defendant shall file a responsive pleading within thirty days of the date of this stipulation and order. (Signed by Judge John E. Sprizzo
on 6/28/06) (js, ) (Entered: June 30, 2006)
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| July 26, 2006 |
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AMENDED COMPLAINT amending 1 Complaint against Google Inc.Document filed by Paul
Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Related document: 1 Complaint filed by Betty Miles,, Daniel Hoffman, The Author's Guild, Herbert
Mitgang.(db, ) (Entered: July 26, 2006)
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| July 26, 2006 |
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ANSWER to Amended Complaint. Document filed by Google Inc.. Related document: 36 Amended Complaint, filed by Betty Miles,, Daniel Hoffman,, The Author's Guild,,
Herbert Mitgang,, Paul Dickson,, Joseph Goulden,.(Charnes, Adam) (Entered: July 26, 2006)
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| September 14, 2006 |
38
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NOTICE OF APPEARANCE by Ronald Lee Raider on behalf of Google Inc. (Raider, Ronald) (Entered: September 14, 2006)
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| September 26, 2006 |
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PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge John E. Sprizzo on 9/22/2006) (lb, ) (Entered:
09/26/2006)
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| September 29, 2006 |
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NOTICE of Intent to Serve Subpoenas. Document filed by Google Inc.. (Attachments: # 1 Attachment (Part 1)# 2 Attachment (Part 2)# 3 Attachment (Part 3))(Raider, Ronald) (Entered:
09/29/2006)
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| October 4, 2006 |
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NOTICE of Intent to Serve Subpoena. Document filed by Google Inc.. (Attachments: # 1 Attachment A)(Raider, Ronald) (Entered:
10/04/2006)
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| October 6, 2006 |
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NOTICE/ORDER OF WITHDRAWAL; Shannon M. McKenna an atty at Milberg Weiss Bershad & Schulman LLP and one of the attorney for Plaintiff- The Author's Guild, hereby withdraws as counsel
for said plaintiff. Milberg Weiss Bershad & Schulman LLP continues to serve as counsel for plaintiff -The Author's Guild through its atty Sanford P. Dumain who requests that all
future correspondence and papers in ths action continue to be directed to him. (Signed by Judge John E. Sprizzo on 10/3/06) (djc, ) (Entered: October 10, 2006)
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| October 6, 2006 |
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MOTION for Hadley Perkins Roeltgen to Appear Pro Hac Vice. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (jco, ) (Entered: October 10, 2006)
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| October 16, 2006 |
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AMENDED CASE MANAGEMENT ORDER AND SCHEDULING ORDER: Amended Pleadings due by 6/19/2006. Motions due by 1/11/2008. Pretrial Conference set for 3/12/2007 03:00 PM before Judge John E.
Sprizzo. (Signed by Judge John E. Sprizzo on 10/12/06) (kco, ) (Entered: October 17, 2006)
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| October 16, 2006 |
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ORDER ADMITTING ATTORNEY PRO HAC VICE. Hadley Perkins Roeltgen is permitted to argue this case. (Signed by Judge John E. Sprizzo on 10/12/06) (kco, ) (Entered: October 17, 2006)
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| October 17, 2006 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 45 Order Admitting
Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (kco, ) (Entered: October 17, 2006)
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| October 19, 2006 |
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CASHIERS OFFICE REMARK on 45 Order Admitting Attorney Pro Hac Vice in the
amount of $25.00, paid on 10/19/2006, Receipt Number 593992. (jd, ) (Entered: October 19, 2006)
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| November 22, 2006 |
46
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NOTICE of Intent To Serve Subpoena. Document filed by Google Inc.. (Raider, Ronald) (Entered: November 22, 2006)
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| January 8, 2007 |
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDIANTION AND SCHEDULING;the actions penidng in this Court are hereby coordinated for all pre-trial purposes before this Court....; The joint
Protective order shall be entered simultaneously with the entry of this Order. Motions for Summary Judgment, if any, shall be filed Tuesday, March 11, 2008. The pretrial conference
previously scheduled for 3/12/07 is adjourned. (Signed by Judge John E. Sprizzo on 1/3/07) (djc, ) (Entered: January 9, 2007)
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| February 27, 2007 |
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING; The captioned actions pending in this Court are hereby coordinated for a pre-trial purposes before this Court. These
actions shall be referred to herein as "Coordinated Actions". Motions due by 6/9/2007., Pretrial Conference set for 7/26/2007 03:00 PM before Judge John E. Sprizzo. (Signed by Judge John
E. Sprizzo on 2/26/07) (djc) (Entered: February 28, 2007)
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| April 3, 2007 |
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NOTICE of Change of Firm Affiliation and Entry of Appearance. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Boni,
Michael) (Entered: April 3, 2007)
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| May 23, 2007 |
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: Third party discovery due by 4/20/2006, Merits discovery due by 5/12/2008, Disclosure of expert witnesses under Rule
26(a)(2)(A) due by 3/17/2008, Initial expert reports to be exchanged 4/14/2008. Rebuttal experts reports shall be exchanged on 5/5/2008, Expert disposition taken from 5/5/2008 -
6/16/2008. Summary Judgment Motions due by 8/11/2008; responses due 60 days. Responses due 30 days of service of the motion. Pretrial Conference set for 9/24/2007 03:00 PM before Judge
John E. Sprizzo. SO ORDERED. (Signed by Judge John E. Sprizzo on 5/17/2007) (jar) (Entered: May 24, 2007)
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| July 25, 2007 |
51
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: Motions for Summary Judgment due by 10/13/2008. Pretrial Conference set for 11/27/2007 at 03:00 PM before Judge John
E. Sprizzo. All other deadlines are set forth in this order. (Signed by Judge John E. Sprizzo on 7/20/07) (kco) (Entered: July 26, 2007)
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| October 2, 2007 |
52
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: IT IS HEREBY ORDERED that the above-captioned actions pending in this Court are hereby coordinated for all pre-trial
purposes before this Court and as further set forth in this Order. Motions for Summary Judgment due by 12/15/2008. If parties wish to file motions they shall request a pre-motion
conference prior to any filings. Oppositions to Motions for Summary Judgment shall be filed within 30 days of service of the motion for summary judgment. Merits Discovery due by
9/15/2008. Production of Documents deadline due by 11/26/07. Expert Depositions shall be taken from Monday, 9/8/08 through Monday, 10/20/08. Defendant's Opposition to any Motion for Class
Certification shall be filed 60 days after the motion for class certification has been filed. Plaintiffs' Reply in support of Class Certification shall be filed 30 days after the
Opposition is filed. All conference previously scheduled in the Coordinated Actions are hereby adjourned. The Pretrial Conference shall take place on Tues., Nov. 18, 2008. (Signed by
Judge Kevin Thomas Duffy on 9/28/07)- Part I (tro) (Entered: October 2, 2007)
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| November 21, 2007 |
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: The production of documents requests served shall be completed by 1/28/2008. Merit discovery due 11/17/2008.
Disclosure of expert witnesses shall be exchanged on 9/22/2008. Initial expert reports shall be exchanged on 10/20/2008. Rebuttal expert reports due 11/10/2008. Expert depositions to be
taken from 11/10/2008 through 12/22/2008. Motions for summary judgment due by 2/16/2009. Oppositions to Motion for summary judgment due within 30 days of service of the motion.
Plaintiffs' Motion for Class Certification due 30 days after the Courts decision with respect to summary judgment. Defendant's Opposition to Motion for Class Certification due 60 days
after the motion for class certification, Plaintiffs' reply in support of Class Certification due 30 days after the Opposition is filed. The pretrial conference shall take place on
11/18/2008 for the purpose of informing the Court of the status of the case. However, the parties must, in addition, contact the Court to schedule a pre-motion conference before filing
any motion. (Signed by Judge Peter K. Leisure for Judge John E. Sprizzo on 11/19/2007) (jar) (Entered: November 21, 2007)
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| January 29, 2008 |
54
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AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING ( Expert Witness List due by 11/24/2008. Discovery due by 1/20/2009. Motions due by 4/16/2009.) Defendant's Opposition
to any Motion for Class Certification shall be 60 days after the motion for class certification shall be filed 60 days after the motion for class certification has been filed. Plaintiffs'
Reply in support of Class Certification shall be filed 30 days after the Opposition is filed. All conferences previously scheduled in the Coordinated Actions are hereby adjourned. So
Ordered. (Signed by Judge John E. Sprizzo on 1/29/08) (js) (Entered: January 30, 2008)
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