Warner Bros. Entertainment Inc. et al v. RDR Books et al
Copyright, trademark and other claims against publisher of Harry Potter Lexicon, an unauthorized compendium of Harry Potter facts, plots, etc. http://cyberlaw.stanford.edu/case/rowling-v-rdr-books
| Warner Bros. Entertainment Inc. and J. K. Rowling |
| RDR Books and Does |
| 1:2007cv09667 |
| October 31, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Robert P. Patterson |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on January 14, 2015. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 98 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 97 Notice of Appeal filed by RDR Books USCA Case Number 08-5441-cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/10/2008. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: 98 USCA Mandate Withdrawing Appeal,. (nd) |
| Transmission of Notice of Appeal to the District Judge re: 97 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 97 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 44 Endorsed Letter, 42 Amended Complaint, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 28 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 46 Memorandum of Law in Opposition to Motion filed by RDR Books, 38 Memorandum of Law in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 8 Endorsed Letter, 92 Memorandum & Opinion, 19 Stipulation and Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings, 27 Declaration in Support of Motion, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 55 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 66 Scheduling Order, 65 Endorsed Letter, 29 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 24 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 81 Endorsed Letter, Set Deadlines/Hearings, 12 Notice of Appearance filed by RDR Books, 58 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 71 Endorsed Letter, 85 MOTION for Daniel N. Shallman to Appear Pro Hac Vice. filed by Warner Bros. Entertainment Inc., J. K. Rowling, 43 Notice of Appearance filed by RDR Books, 64 Order, Set Hearings, Set Motion and R&R Deadlines/Hearings, 47 Declaration in Opposition to Motion filed by RDR Books, 56 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 32 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 22 MOTION for Preliminary Injunction. filed by Warner Bros. Entertainment Inc., J. K. Rowling, 90 Proposed Findings of Fact filed by RDR Books, 83 Memorandum of Law in Opposition to Motion filed by J. K. Rowling, 31 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 52 Declaration in Opposition to Motion, filed by RDR Books, 45 Endorsed Letter, 18 Order on Motion to Appear Pro Hac Vice, 49 Declaration in Opposition to Motion filed by RDR Books, 97 Notice of Appeal filed by RDR Books, 25 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 50 Declaration in Opposition to Motion filed by RDR Books, 79 Endorsed Letter, 91 Proposed Findings of Fact, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 5 Declaration in Support filed by Warner Bros. Entertainment Inc., J. K. Rowling, 61 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 68 Scheduling Order, Set Deadlines/Hearings,, 51 Declaration in Opposition to Motion filed by RDR Books, 80 Endorsed Letter, 41 Declaration in Support of Motion, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 78 Endorsed Letter, 7 Declaration in Support, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 76 Pretrial Memorandum filed by RDR Books, 26 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 16 MOTION for Anthony T. Falzone and Robert Handelsman to Appear Pro Hac Vice. filed by RDR Books, 35 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 21 Endorsed Letter, Set Deadlines/Hearings, 11 Stipulation and Order, Set Deadlines/Hearings, 30 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 33 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 3 Order to Show Cause, 67 Answer to Amended Complaint filed by RDR Books, 86 Order on Motion to Appear Pro Hac Vice, 17 Notice of Appearance filed by RDR Books, 23 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 82 MOTION in Limine. filed by RDR Books, 4 Memorandum of Law in Support filed by Warner Bros. Entertainment Inc., J. K. Rowling, 63 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., 20 Notice of Change of Address filed by RDR Books, 36 Declaration in Support of Motion, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 2 Rule 7.1 Corporate Disclosure Statement filed by Warner Bros. Entertainment Inc., 53 Rule 7.1 Corporate Disclosure Statement filed by RDR Books, 62 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 84 Order, 75 Order on Motion to Appear Pro Hac Vice, 72 Endorsed Letter, Set Deadlines/Hearings, 57 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 10 Affidavit of Service Complaints filed by Warner Bros. Entertainment Inc., J. K. Rowling, 95 Declaration in Support of Motion filed by RDR Books, 96 Order on Motion for Extension of Time, 1 Complaint filed by Warner Bros. Entertainment Inc., J. K. Rowling, 60 Reply Memorandum of Law in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 93 Clerk's Judgment, 73 MOTION for Lizbeth Hasse to Appear Pro Hac Vice. filed by RDR Books, 77 Pretrial Memorandum filed by Warner Bros. Entertainment Inc., J. K. Rowling, 34 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 39 Declaration in Support of Motion, filed by Warner Bros. Entertainment Inc., J. K. Rowling, 94 MOTION for Extension of Time to File Notice of Appeal. filed by RDR Books, 48 Declaration in Opposition to Motion, filed by RDR Books, 59 Declaration in Support of Motion filed by Warner Bros. Entertainment Inc., J. K. Rowling, 6 Declaration in Support filed by Warner Bros. Entertainment Inc., J. K. Rowling, 9 Order, Set Deadlines, 74 Protective Order, 37 Declaration in Support of Motion, filed by Warner Bros. Entertainment Inc., J. K. Rowling were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 97 NOTICE OF APPEAL from 93 Clerk's Judgment. Document filed by RDR Books. Filing fee $ 455.00, receipt number E 668276. (tp) |
Filing 96
ORDER GRANTING MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL: Defendant's unopposed motion to extend the time to file a notice of appeal in the above captioned matter is GRANTED. The deadline for RDR Books to file its Notice of Appeal is November 7, 2008. So Ordered. (Signed by Judge Robert P. Patterson on 10/6/08) (js)
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| Filing 95 DECLARATION of Julie A. Ahrens in Support re: 94 MOTION for Extension of Time to File Notice of Appeal.. Document filed by RDR Books. (Ahrens, Julie) |
| Filing 94 MOTION for Extension of Time to File Notice of Appeal. Document filed by RDR Books.(Ahrens, Julie) |
| Filing 93 CLERK'S JUDGMENT # 08,1579 That for the reasons stated in the Court's Opinion and Order dated September 8, 2008, defendants publication of the Lexicon is permanently enjoined, and plaintiffs are awarded statutory damages of $6,750.00. (Signed by J. Michael McMahon, Clerk on 9/9/08) (Attachments: # 1 notice of right to appeal)(ml) |
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Filing 92
OPINION AND ORDER #96466: For the foregoing reasons, Plaintiffs have established copyright infringement of the Harry Potter series, Fantastic Beasts & Where to Find Them, and Quidditch Through the Ages by J.K. Rowling. Defendant has failed to establish its affirmative defense of fair use. Defendant's publication of the Lexicon (Doc. No. 22) is hereby permanently enjoined, and Plaintiffs are awarded statutory damages of $6,750.00. (Signed by Judge Robert P. Patterson on 9/8/2008) (jpo) Modified on 9/9/2008 (jpo).
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| Filing 91 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit Part II, # 2 Exhibit Part III, # 3 Exhibit Part IV, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Certificate of Service, # 8 Table of Contents, # 9 Table of Authorities)(Cendali, Dale) |
| Filing 90 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by RDR Books.(Ahrens, Julie) |
| Filing 89 TRANSCRIPT of proceedings held on April 14, 15, 16, 2008 before Judge Robert P. Patterson. (ama) |
| Filing 87 TRANSCRIPT of proceedings held on 4/11/2008 before Judge Robert P. Patterson. (ama) |
| Filing 88 LETTER addressed to Judge Robert P. Patterson from Ms. Tosca Williams dated 4/22/2008 re: to the interest of fairness, and prottection, I hope that you will find in favor of Ms Rowling, in this regard. Document filed by RDR Books, Warner Bros. Entertainment Inc., J. K. Rowling.(jmi) |
| MEMORANDUM TO THE DOCKET CLERK: Trial begun and continued on 4/14/08, 4/15/08 and 4/16/08. Trail concludes on 4/16/08. Finding of facts and Conclusions of law to be filed by 5/9/08. Decision reserved. (jmi) |
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Filing 86
ORDER granting 85 Motion for Daniel N. Shallman to Appear Pro Hac Vice. (Signed by Judge Robert P. Patterson on 4/11/2008) (jpo)
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| CASHIERS OFFICE REMARK on 85 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 4/9/08, Receipt Number 647090. (Quintero, Marcos) |
| Transmission to Attorney Admissions Clerk. Transmitted re: 86 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jpo) |
| Minute Entry for proceedings held before Judge Robert P. Patterson: Pretrial Conference held on 4/11/2008 and concluded. (jmi) |
| Filing 83 MEMORANDUM OF LAW in Opposition re: 82 MOTION in Limine.. Document filed by J. K. Rowling. (Cendali, Dale) |
| Filing 82 MOTION in Limine. Document filed by RDR Books. Return Date set for 4/11/2008 at 09:30 AM.(Ahrens, Julie) |
| CASHIERS OFFICE REMARK on 75 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/03/2008, Receipt Number 646534. (jd) |
| Filing 85 MOTION for Daniel N. Shallman to Appear Pro Hac Vice. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(dle) |
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Filing 84
ORDER that in view of the numerous proposed exhibits in the pretrial order, a large number of which are not agreed to be admissible, the Court should be provided by 9:30 am on 4/11/08 with a set of all proposed exhibits, a statement by proponent of the grounds for admissibility of each exhibit whose admissibility is disputed, the issue or issues to which the exhibit is deemed relevant, and the identity of third parties. (Signed by Judge Robert P. Patterson on 4/9/08) Copies sent by chambers.(cd)
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Filing 81
ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 4/9/2008 re: Requesting a one day extension of the deadline for moving in limine. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Robert P. Patterson on 4/9/2008) (jpo)
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Filing 80
ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 4/8/08 re: Request that plaintiffs produce copies of their exhibits (listed on said Order) by tomorrow 4/9/08 at 10:00 a.m. so that defendants objections may be filed by 5:00 p.m. on Friday 4/11/08. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Robert P. Patterson on 4/8/08) (db)
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| Filing 79 ENDORSED LETTER addressed to Judge Robert P. Patterson from Melanie Bradley dated 4/7/08 re: Counsel request to submit the joint pre-trial order without the objection designations on the parties' respective exhibit lists today and will submit a revised join pre-trial order with the requisite designations on 4/8/08. ENDORSEMENT: So ordered. (Signed by Judge Robert P. Patterson on 4/8/08) (tro) |
| Filing 78 ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 4/7/08 re: Request for 24 hours from whenever we receive plaintiff's portion of the pre-trial order to determine whether we have objections to any listed exhibit. ENDORSEMENT: Application granted. (Signed by Judge Robert P. Patterson on 4/7/08) (cd) |
| Filing 77 PRETRIAL MEMORANDUM. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(Cendali, Dale) |
| Filing 76 PRETRIAL MEMORANDUM. Document filed by RDR Books.(Ahrens, Julie) |
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Filing 75
ORDER granting 73 Motion for Lizbeth Hasse to Appear Pro Hac Vice for defendant RDR Books, upon payment of the required fee to the Clerk of the Court. (Signed by Judge Robert P. Patterson on 4/7/08) (cd)
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| Transmission to Attorney Admissions Clerk. Transmitted re: 75 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) |
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Filing 74
STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. This stipulation binds the parties to treat as confidential the documents so classified. The Court, however has not received the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document by document review. Moreover, the Court does not so order paragraph 9, which purports to authorize the parties to file documents under seal without prior court order. (Signed by Judge Robert P. Patterson on 4/4/08) (dle)
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| Filing 73 MOTION for Lizbeth Hasse to Appear Pro Hac Vice. Document filed by RDR Books.(dle) |
| Filing 72 ENDORSED LETTER addressed to Judge Robert P. Patterson from Dale Cendali dated 3/28/08 re: The parties respectfully suggest that it may be possible to dispense with the pretrial memoranda referenced in section 3(b)(iv) of Your Honor's Individual Practices. ENDORSEMENT: Application granted. So Ordered The parties also suggest that the Court allow the parties to submit any motions in limine on April 9th two days after the joint pre-trial order is filed. ENDORSEMENT: Application granted 4/11/08 at 9:30 a.m. So Ordered. The parties also suggest that it may be more efficient to have the statements due on April 7th, together with the joint pre-trial order. ENDORSEMENT: So Ordered. Fourth the parties would also appreciate Your Honor's guidance with respect to whether the use of Powerpoint or other visual presentations, exhibits and/or demonstratives in opening statements is permitted. ENDORSEMENT: Allowed. So Ordered. Finally, there may be a need to reference various books during the trial. In this regard, the parties were wondering whether it would be sufficient to have a single copy of a given book for use with a witness, with color copies available for counsel and the Court, or whether Your Honor would prefer that the party seeking to use a book have multiple copies available, and if so how many. ENDORSEMENT: No preference. So Ordered. (Signed by Judge Robert P. Patterson on 2/28/08) (js) |
| Filing 71 ENDORSED LETTER addressed to Judge Robert P. Patterson from Dale Cendali dated 3/14/08 re: Counsel for Plaintiff hereby advise the Court and opposing counsel that they have elected to proceed with the bench trial and have Your Honor decide this case. In light of this decision, counsel seeks advisement concerning Your Honor's preference regarding opening statements; closing statement; and/or post-trial briefing in this case. ENDORSEMENT: Application granted. a) opening statements and b) proposed findings of fact and conclusions of law (post trial). (Signed by Judge Robert P. Patterson on 3/17/08) (tro) |
| Filing 70 TRANSCRIPT of proceedings held on 3/07/2008 before Judge Robert P. Patterson. (ama) |
| Filing 69 TRANSCRIPT of proceedings held on 3/13/2008 before Judge Robert P. Patterson. (ama) |
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Filing 68
SCHEDULING ORDER: Jury Trial set for 4/14/2008 at 09:30 AM before Judge Robert P. Patterson. Pretrial order to be filed by 4/7/08, if case is to be tried by jury. Voir dire requests and requests to charge by 4/7/08,if case to be tried by jury. Witness List to be provided by 4/4/08. SO ORDERED. (Signed by Judge Robert P. Patterson on 3/5/08) (jw)
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| Minute Entry for proceedings held before Judge Robert P. Patterson: Interim Pretrial Conference held on 3/13/2008. (djc) |
| Filing 67 ANSWER to Amended Complaint. Document filed by RDR Books. Related document: 42 Amended Complaint, filed by Warner Bros. Entertainment Inc., J. K. Rowling.(Ahrens, Julie) |
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Filing 66
SCHEDULING ORDER: Answer by 3/11/2008, Jury Trial Demand by 3/14/2008 Jury Trial set for 3/24/2008 at 09:30 AM before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 3/10/2008) (jmi) Modified on 3/12/2008 (jmi).
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| Minute Entry for proceedings held before Judge Robert P. Patterson: Interim Pretrial Conference held and concluded on 3/7/2008. (djc) |
| Filing 65 ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Dale Cendali dated 3/6/08 re: Counsel to plaintiffs write with respect to Your Honor's Order of yesterday, March 5, 2008 directing that a full evidentiary hearing on Plaintiffs' Motion for Preliminary Injunction on March 13, 2008 be held, and that it be consolidated with the trial on the merits in this matter, including the presentation of live witness testimony. ENDORSEMENT: Application denied in part. When the essential facts are not in dispute, the parties should be able to agree to rely on the affidavits and exhibits to be received in evidence and that only certain witnesses need to be examined by the parties. In this case, a trial on the merits will save considerable legal costs to the parties if held on an early date. Nevertheless, the Court would be willing to hear from the parties at a conference today or tomorrow why the Court's views are not practicable. So Ordered. (Signed by Judge Robert P. Patterson on 3/6/08) (djc) |
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Filing 64
ORDER: An Evidentiary Hearing is set for 3/13/2008 at 09:30 AM before Judge Robert P. Patterson on the matter of the 22 Motion for a Preliminary Injunction. Set Deadlines/Hearing as to 22 MOTION for Preliminary Injunction. Motion Hearing set for 3/13/2008 at 09:30 AM before Judge Robert P. Patterson. The Hearing will be Consolidated on the Merits pursuant to FRCP 65(a)(2). The parties are to advise each other and the Court by 3/7/08 at 4:00 p.m. as to the witnesses they intend to examine or cross examine at the hearing. (Signed by Judge Robert P. Patterson on 3/5/08) Copies Mailed By Chambers. (db)
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| Filing 63 DECLARATION of Emily Blumsack [Corrected Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit A-O)(Cendali, Dale) |
| Filing 62 DECLARATION of William M. Landes [Corrected Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 61 DECLARATION of Emily Blumsack [Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit)(Cendali, Dale) |
| Filing 60 REPLY MEMORANDUM OF LAW in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 59 DECLARATION of J.K. Rowling [Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 58 DECLARATION of Suzanne Murphy [Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 57 DECLARATION of William M. Landes [Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 56 DECLARATION of Cheryl Klein [Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 55 DECLARATION of Jerri Johnson [Supplemental] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 54 DECLARATION of David Harris in Opposition re: 22 MOTION for Preliminary Injunction. Document filed by RDR Books.(permission given to file hard copy purs to Order dated 2/8/08) (djc) Modified on 2/14/2008 (djc). |
| Filing 53 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RDR Books.(Ahrens, Julie) |
| Filing 52 DECLARATION of Steven Jan Vander Ark in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Ahrens, Julie) |
| Filing 51 DECLARATION of Janet Sorensen in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1)(Ahrens, Julie) |
| Filing 50 DECLARATION of Roger Rapoport in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1)(Ahrens, Julie) |
| Filing 49 DECLARATION of Shawn Malhotra in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Ahrens, Julie) |
| Filing 48 DECLARATION of David Harris in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Ahrens, Julie) |
| Filing 47 DECLARATION of David S. Hammer in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Attachments: # 1 Exhibit 1)(Ahrens, Julie) |
| Filing 46 MEMORANDUM OF LAW in Opposition re: 22 MOTION for Preliminary Injunction.. Document filed by RDR Books. (Ahrens, Julie) |
| Filing 45 ENDORSED LETTER addressed to Judge Robert P. Patterson from Julie A. Ahrens dated 2/7/08 re: Defendant RDR Books requests the Court's permission to file the Harris declaration and six exhibits in hard copy. ENDORSEMENT: Application Granted. (Signed by Judge Robert P. Patterson on 2/8/08) (djc) |
| Filing 44 ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 1/25/08 re: We therefore ask the Court's help in obtaining the materials plaintiffs themselves have identified as the foundation for Ms. Rowlings' plaintiff's companion guide. ENDORSEMENT: Application granted in part. Plaintiffs are to provide defendants with copies of the statements contained in the publications listed in plaintiffs response to Interrogatory 3(a) (ii) by February 8, 2008. Defendant has not shown the Court that any further discovery about Ms. Rowling's notes would be helpful to Defendant's position. (Signed by Judge Robert P. Patterson on 2/1/08) (pl) |
| Filing 43 NOTICE OF APPEARANCE by Anthony T. Falzone on behalf of RDR Books (Falzone, Anthony) |
| Filing 41 DECLARATION of Emily Blumsack [Corrected] in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit B3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F1, # 9 Exhibit F2, # 10 Exhibit F3, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I)(Cendali, Dale) |
| Filing 40 TRANSCRIPT of proceedings held on November 30, 2007 before Judge Robert P. Patterson. (djc) |
| Filing 39 DECLARATION of Emily Blumsack in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A, # 2 Exhibit B (1 of 3), # 3 Exhibit B (2 of 3), # 4 Exhibit B (3 of 3), # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F (1 of 3), # 9 Exhibit F (2 of 3), # 10 Exhibit F (3 of 3), # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I)(Cendali, Dale) |
| Filing 38 MEMORANDUM OF LAW in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 37 DECLARATION of Melanie Bradley in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (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)(Cendali, Dale) |
| Filing 42 FIRST AMENDED COMPLAINT amending 1 Complaint against RDR Books, Does. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. Related document: 1 Complaint filed by Warner Bros. Entertainment Inc., J. K. Rowling.(db) Received in night deposit box on 1/15/08 at 11:28 p.m. |
| Filing 36 DECLARATION of Diana Birchall in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (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)(Cendali, Dale) |
| Filing 35 DECLARATION of Jessica Lares in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 34 DECLARATION of Sarah Odedina in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 33 DECLARATION of Myron J. Helfgott in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 32 DECLARATION of Neil Blair in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale) |
| Filing 31 DECLARATION of Cheryl Klein in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 30 DECLARATION of William M. Landes in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 29 DECLARATION of Matthew Lawlis in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 28 DECLARATION of Suzanne Murphy in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A)(Cendali, Dale) |
| Filing 27 DECLARATION of Dale M. Cendali in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (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)(Cendali, Dale) |
| Filing 26 DECLARATION of Jeri Johnson in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 25 DECLARATION of Jeremy N. Williams in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 24 DECLARATION of J.K. Rowling in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 23 DECLARATION of Deon Perry in Support re: 22 MOTION for Preliminary Injunction.. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 22 MOTION for Preliminary Injunction. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. Return Date set for 2/28/2008 at 09:30 AM.(Cendali, Dale) |
| Filing 20 NOTICE OF CHANGE OF ADDRESS by David Saul Hammer on behalf of RDR Books. New Address: Law Office of David S. Hammer, 99 Park Avenue, Suite 1600, New York, New york, USA 10016, 212 941 8118. (Hammer, David) |
| Filing 19 STIPULATION AMENDING BRIEFING SCHEDULE AND HEARING DATE: Plaintiff's principal memorandum of law and supporting papers shall be served no later than 1/15/08. Defendant's opposition memorandum of law, and supporting papers, shall be served no later than 2/5/08. Plaintiffs' reply memorandum of law shall be served no later than 2/15/08. The hearing date on Plaintiffs' Motion shall be adjourned to 2/28/08 at 9:30 a.m. (Signed by Judge Robert P. Patterson on 12/31/07) (dle) |
| CASHIERS OFFICE REMARK on 18 Order on Motion to Appear Pro Hac Vice, in the amount of $50.00, paid on 12/06/2007, Receipt Number 635193. (jd) |
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Filing 18
MEMO ENDORSEMENT granting 16 Motion for Anthony T. Falzone and Robert Handelsman to Appear Pro Hac Vice upon payment of the required fees to the clerk of the court. Application granted. Anthony T. Falzone and Robert Handelsman are admitted Pro Hac Vice. SO ORDERED (Signed by Judge Deborah A. Batts on 12/17/2007)(jmi)
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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. (jmi) |
| Filing 17 NOTICE OF APPEARANCE by Julie Angela Ahrens on behalf of RDR Books (Ahrens, Julie) |
| Filing 16 MOTION for Anthony T. Falzone and Robert Handelsman to Appear Pro Hac Vice for defendant RDR Books. Document filed by RDR Books.(db) |
| Filing 12 NOTICE OF APPEARANCE by David Saul Hammer on behalf of RDR Books (Hammer, David) |
| Minute Entry for proceedings held before Judge Robert P. Patterson: Interim Pretrial Conference held on 11/30/2007. (ae) |
| Filing 15 LETTER addressed to Judge Robert P. Patterson, Jr. from Dale M. Cendali dated 11/27/07 re: Counsel writes in further response to the letter sent by counsel for RDR Books. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(jco) |
| Filing 14 LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 11/26/07 re: Counsel writes to inform the Court that the parties have been unable to agree to a discovery schedule in this case, or to resolve any of the preliminary issues raised in Rule 26(f) of the F.R.C.P. Document filed by RDR Books.(jco) |
| Filing 13 LETTER addressed to Judge Robert P. Patterson Jr. from Dale M. Cendali dated 11/26/07 re: Counsel for plaintiffs write in response to the letter sent by counsel for FDR Books requesting a discovery conference. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(jco) |
| Filing 21 ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 11/27/2007 re: request for a conference at which the Court may set a schedule for limited but legitimate discovery. ENDORSEMENT: Application granted. A conference to set a schedule for limited discovery will be held on 11/30/2007 at 9 a.m. (Signed by Judge Robert P. Patterson on 11/27/2007) (jar) |
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Filing 11
STIPULATION AND ORDER EXTENDING DEFENDANTS TIME TO ANSWER; that the time for defendant RDR Brooks to serve an answer to the complaint of plaintiffs Warner Bros. Entertainment, Inc. and J.K. Rowling in this captioned case is extended until the Tenth day following the entry of this courts decision and Order on plaintiffs' motion for a preliminary injunction. (Signed by Judge Robert P. Patterson on 11/20/07) (pl)
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| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. RDR Books served on 10/31/2007, answer due 11/20/2007. Service was accepted by John Doe. Document filed by Warner Bros. Entertainment Inc.; J. K. Rowling. (Cendali, Dale) |
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Filing 9
ORDER This order shall continue and remain in force until the Court has ruled on Plaintiffs'motion for a preliminary injunction. Plaintiffs shall file their motion for preliminary injunction on January 7,2008. Defendant's opposition will be due on January 22,2008. Plaintiffs' reply will be due on January 29,2008. The preliminary injunction hearing will take place on February 6,2008, or on such other date as the Court directs. All papers will be served by hand on the date that they are due unless otherwise agreed. IT IS SO ORDERED. Motions due by 1/7/2008,Responses due by 1/22/2008,Replies due by 1/29/2008. (Signed by Judge Robert P. Patterson on 11/8/2007) (jmi) Additional attachment(s) added on 11/9/2007 (Ruocco, Michael).
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| Minute Entry for proceedings held before Judge Robert P. Patterson : Pretrial Conference held on 11/8/2007. (cd) |
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Filing 8
ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 11/8/07 re: a request for an adjournment of the briefing schedule and to meet with the Judge today. ENDORSEMENT: Defendant's application for a seven week delay in answering plaintiff's motion for a preliminary injunction is denied without prejudice to counsel for defendant and plaintiff appearing this afternoon before 5 PM with a draft Temporary Restraining Order which would be in place during further briefing of the pending motion. SO ORDERED (Signed by Judge Robert P. Patterson on 11/8/07) (kco)
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| Filing 7 DECLARATION of Dale Cendali in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit B# 5 Exhibit C)(Cendali, Dale) |
| Filing 6 DECLARATION of Diane Nelson in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 5 DECLARATION of Neil Blair in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
| Filing 4 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) |
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Filing 3
ORDER TO SHOW CAUSE Defendant, RDR Books shall show cause as to why enjoining Defendant and its employees, agents, representatives and servants, from directly or indirectly infringing Plaintiffs' copyrights or trademarks, including but not limited to publishing or continuing to publish, distribute, market, advertise, promote, solicit or accept order for, sell or offer for sale Defendant's "Harry Potter Lexicon" book or any works derived or copied from Plaintiffs' copyrighted works or bearing Plaintiffs' trademarks and from participating or assisting in any such activity whether occurring with the United States or outside the United States, pending final judgment in this action. It is hereby ORDERED that Defendant will produce documents responsive to the requests for production attached to the Declaration of Dale Cendali, Esq. on November 6, 2007. ORDERED that the briefing schedule for Plaintiffs' proposed motion for preliminary injunction shall be set as follows: Plaintiff's Motion for Preliminary Injunction shall be filed and served on November 8, 2007. Defendant's response, if any, will be served by overnight delivery or facsimile to counsel for Plaintiffs' on or before November 15, 2007. Plaintiffs' reply, if any, will be served by overnight delivery or facsimile to counsel for Defendant on or before November 19, 2007 at 9AM. A copy of this Order and Cendali Declaration will be served on Defendant by Fed EX for next day delivery on November 2, 2007. Show Cause Hearing set for 11/19/2007 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 11/2/07) (tro)
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| Set Deadlines/Hearings: As per Order to Show Cause dated 11/2/07. Motions due by 11/8/2007. Responses due by 11/15/2007. (tro) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Time Warner Cable Inc. as Corporate Parent. Document filed by Warner Bros. Entertainment Inc.(jpo) |
| Filing 1 COMPLAINT against RDR Books, Does. (Filing Fee $ 350.00, Receipt Number 631528)Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(jpo) |
| SUMMONS ISSUED as to RDR Books, Does. (jpo) |
| Case Designated ECF. (jpo) |
| Magistrate Judge Frank Maas is so designated. (jpo) |
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