Pearson Education, Inc. et al v. Allen Air Conditioning Co. et al

Plaintiffs, Pearson Education, Inc. and John Wiley & Sons, Inc., seek to prevent the importation and resale of copies of their works that have been lawfully manufactured and purchased outside the United States.

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Plaintiffs:Pearson Education, Inc. and John Wiley & Sons, Inc.
Defendants:Allen Air Conditioning Co., Ganghua Liu, Jian Liu and John Doe
 
Case Number:1:2008cv06152
Filed:July 3, 2008
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:XX Out of State
Presiding Judge:Judge Richard J. Holwell
 
Nature of Suit:Intellectual Property - Copyrights
Cause:17:101 Copyright Infringement
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
July 3, 2008 1 COMPLAINT against Jian Liu, John Doe, Allen Air Conditioning Co., Ganghua Liu. (Filing Fee $ 350.00, Receipt Number 655826)Document filed by Pearson Education, Inc., John Wiley & Sons, Inc.(jeh) (Entered: July 7, 2008)
July 3, 2008 SUMMONS ISSUED as to Jian Liu, John Doe, Allen Air Conditioning Co., Ganghua Liu. (jeh) (Entered: July 7, 2008)
July 3, 2008 Magistrate Judge Debra C. Freeman is so designated. (jeh) (Entered: July 7, 2008)
July 3, 2008 Case Designated ECF. (jeh) (Entered: July 7, 2008)
July 3, 2008 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Wiley & Sons, Inc.(jeh) (jeh). (Entered: July 7, 2008)
July 3, 2008 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Pearson plc as Corporate Parent. Document filed by Pearson Education, Inc.(jeh) (jeh). (Entered: July 7, 2008)
July 3, 2008 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney William Irvin Dunnegan for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 3 Rule 7.1 Corporate Disclosure Statement, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (jeh) (Entered: 07/07/2008)
July 3, 2008 Mailed notice to Register of Copyrights to report the filing of this action. (jeh) (Entered: July 7, 2008)
July 24, 2008 4 STIPULATION AND ORDER: It is hereby stipulated and agreed that defendants Allen Air Co., Ganghua Liu and Jian Liu may answer, move or otherwise respond to the Complaint in this action is extended through and including August 27, 2008. So Ordered (Signed by Judge Richard J. Holwell on 7/22/08) (js) (Entered: July 24, 2008)
July 31, 2008 5 INITIAL SCHEDULING CONFERENCE NOTICE AND ORDER: Initial Scheduling Conference set for 9/12/2008 at 10:30 AM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 7/28/08) (tro) Modified on 8/7/2008 (tro). (Entered: July 31, 2008)
August 25, 2008 6 MOTION Admission of John T. Mitchell Pro Hac Vice. Document filed by Jian Liu, Allen Air Conditioning Co., Ganghua Liu. (Attachments: # 1 Text of Proposed Order Proposed Order)(Begos, Patrick) (Entered: August 25, 2008)
September 2, 2008 7 ORDER granting 6 Motion to appear Pro Hac Vice. John T. Mitchell is admitted pro hac vice for defendant Allen Air Conditioning Co., Ganghua Liu, and Jian Liu for the purposes of the above-captioned case. (Signed by Judge Richard J. Holwell on 8/27/08) (tro) (Entered: September 2, 2008)
September 2, 2008 Transmission to Attorney Admissions Clerk. Transmitted re: 7 Order on Motion for Miscellaneous Relief, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: September 2, 2008)
September 9, 2008 8 ENDORSED LETTER addressed to Judge Richard J. Holwell from John T. Mitchell dated 8/27/2008 re: Counsel writes respectfully requesting that the Initial Conference could be repurposed for the Pre-Motion Conference. ENDORSEMENT: Defendants proposed motion will be reviewed at the initial scheduling conference. SO ORDERED. (Signed by Judge Richard J. Holwell on 9/9/2008) (tve) (Entered: September 9, 2008)
September 12, 2008 9 SCHEDULING ORDER: The parties DO NOT consent to proceed before a U.S. Magistrate Judge. Amended Pleadings due by 11/1/2008. Joinder of Parties due by 11/1/2008. Dispositive Motions due by 2/20/2009. All Fact Discovery due by 1/30/2009. Rule 26(a)(1) Initial Disclosures due by 10/21/2008. Pretrial Order due by 4/10/2009. Ready for Trial by 5/13/2009. Defendants Motion to Dismiss due 10/10/08; plaintiff's response due 10/24/08; reply due 10/31/08. (Signed by Judge Richard J. Holwell on 9/12/08) (db) (Entered: September 12, 2008)
September 12, 2008 Minute Entry for proceedings held before Judge Richard J. Holwell: Pretrial Conference held on 9/12/2008; court adopts scheduling report. Defendant to file Motion to Dismiss by 10/24/08. (cd) (Entered: September 18, 2008)
September 15, 2008 CASHIERS OFFICE REMARK on 7 Order on Motion for Miscellaneous Relief, in the amount of $25.00, paid on 09/09/2008, Receipt Number 662521. (jd) (Entered: September 15, 2008)
October 10, 2008 10 MOTION to Dismiss Under Rule 12(b)(6). Document filed by Jian Liu, Allen Air Conditioning Co., Ganghua Liu.(Mitchell, John) (Entered: October 10, 2008)
October 10, 2008 11 MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss Under Rule 12(b)(6).. Document filed by Jian Liu, Allen Air Conditioning Co., Ganghua Liu. (Mitchell, John) (Entered: October 10, 2008)
October 24, 2008 12 MEMORANDUM OF LAW in Opposition re: 10 MOTION to Dismiss Under Rule 12(b)(6).. Document filed by Pearson Education, Inc., John Wiley & Sons, Inc.. (Attachments: # 1 Declaration of Service)(Scileppi, Laura) (Entered: October 24, 2008)
October 31, 2008 13 REPLY MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss Under Rule 12(b)(6).. Document filed by Jian Liu, Allen Air Conditioning Co., Ganghua Liu. (Attachments: # 1 Appendix Unpublished Notice of Petition for Rehearing En Banc cited in brief)(Mitchell, John) (Entered: October 31, 2008)
December 29, 2008 14 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, WITHOUT prejudice against the defendant(s) Jian Liu, Allen Air Conditioning Co. and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Pearson Education, Inc., John Wiley & Sons, Inc..(Scileppi, Laura) (Entered: December 29, 2008)
January 12, 2009 15 SCHEDULING ORDER: If the parties are unable to reach agreement on discovery, a letter motion to compel, not to exceed 1,000 words, shall be delivered to Chambers by Friday, 1/16/09. Defendant's response, if any, is due Wednesday, 1/21/09. Defendant shall answer Plaintiff's complaint by 2/6/09. Fact discovery is extended for 90 days. A telephone conference will be held on Friday, 4/3/09, at 3:30 pm, to be initiated by counsel for plaintiffs. Motion due by 1/16/2009. Responses due by 1/21/2009 Telephone Conference set for 4/3/2009 at 03:30 PM before Judge Richard J. Holwell. (Signed by Judge Richard J. Holwell on 1/9/09) (cd) (Entered: January 12, 2009)
January 12, 2009 Set Deadlines/Hearings:Ganghua Liu answer due 2/6/2009. (cd) (Entered: January 12, 2009)
January 20, 2009 16 ENDORSED LETTER addressed to Judge Richard J. Holwell from William Dunnegan dated 1/16/09 re: Request that the Court defer argument on discovery issues. ENDORSEMENT: The parties shall submit an updated request three weeks from the entry of this order. (Signed by Judge Richard J. Holwell on 1/20/09) (cd) (Entered: January 20, 2009)
February 6, 2009 17 STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Richard J. Holwell on 2/3/09) (js) (Entered: February 6, 2009)
February 6, 2009 18 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Ganghua Liu.(Mitchell, John) (Entered: February 6, 2009)
April 7, 2009 19 SCHEDULING ORDER:(1) Plaintiffs shall file a motion to dismiss defendant's counterclaims on or before April 13, 2009.(2) Defendant shall respond by May 4, 2009.(3) Plaintiffs may reply by May 11, 2009.(4) The discovery cutoff date shall be extended until a date the Court will set after a ruling on the present motions. (Signed by Judge Richard J. Holwell on 4/6/2009) (tve) Modified on 4/7/2009 (tve). (Entered: April 7, 2009)
April 13, 2009 20 MOTION to Dismiss Defendant's Counterclaims. Document filed by Pearson Education, Inc., John Wiley & Sons, Inc..(Scileppi, Laura) (Entered: April 13, 2009)
April 13, 2009 21 MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Defendant's Counterclaims.. Document filed by Pearson Education, Inc., John Wiley & Sons, Inc.. (Scileppi, Laura) (Entered: April 13, 2009)
May 4, 2009 22 RESPONSE in Opposition re: 20 MOTION to Dismiss Defendant's Counterclaims.. Document filed by Ganghua Liu. (Mitchell, John) (Entered: May 4, 2009)
May 11, 2009 23 REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Defendant's Counterclaims.. Document filed by Pearson Education, Inc.. (Dunnegan, William) (Entered: May 11, 2009)
September 25, 2009 24 MEMORANDUM OPINION AND ORDER re:#98091 10 MOTION to Dismiss Under Rule 12(b)(6) filed by Jian Liu, Ganghua Liu, Allen Air Conditioning Co. Defendants' motion to dismiss 10 is denied. (Signed by Judge Richard J. Holwell on 9/25/09) (tro) Modified on 9/30/2009 (eef). (Entered: September 26, 2009)
Docket Report Last Checked: October 7, 2009 15:20:41 PDT
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Plaintiff: Pearson Education, Inc.
Represented By: William Irvin Dunnegan, Megan Leigh Martin
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Plaintiff: John Wiley & Sons, Inc.
Represented By: William Irvin Dunnegan, Megan Leigh Martin
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Defendant: Allen Air Conditioning Co.
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Defendant: Ganghua Liu
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Defendant: Jian Liu
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Defendant: John Doe
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