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Date Filed
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#
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Docket Text
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| June 1, 2009 |
1
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COMPLAINT against ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Filing Fee $ 350.00, Receipt Number 689665)Document filed by J.D. Salinger(Individually), J.D.
Salinger(Trustee of the J.D. Salinger Literary Trust).(rdz) (ama). (Entered: June 2, 2009)
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| June 1, 2009 |
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SUMMONS ISSUED as to ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (rdz) (Entered: June 2, 2009)
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| June 1, 2009 |
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Magistrate Judge Andrew J. Peck is so designated. (rdz) (Entered: June 2, 2009)
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| June 1, 2009 |
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Case Designated ECF. (rdz) (Entered: June 2, 2009)
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| June 1, 2009 |
2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust).(rdz) (ama).
(Entered: June 2, 2009)
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| June 1, 2009 |
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Kevan Daniel Choset for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the
PDF for Document 2 Rule 7.1 Corporate Disclosure Statement, 1 Complaint to: case_openings@nysd.uscourts.gov. (rdz) (Entered: June 2, 2009)
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| June 1, 2009 |
3
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ORDER TO SHOW CAUSE filed by J.D. Salinger. Defendants shall show cause as to why why an order should not be entered preliminarily enjoining and restraining defendants in the
above-captioned action and each of them, and all those acting under their direction or pursuant to their control, from manufacturing, publishing, distributing, advertising, selling or
otherwise disseminating a book entitled 60 Years Later: Coming through the Rye, authored by John Doe under the pseudonym J.D. California, published by defendants Nicotext A.B. and
Windupbird Publishing Ltd. and, upon information and belief, to be distributed to booksellers in this country by defendant ABP, Inc. d/b/a SCB Distributors Inc.; and that due cause
appearing therefor, the Clerk of the Court is directed that Exhibit B to the affidavit of Marcia B. Paul, sworn to June 1, 2009 may be filed under seal and Exhibits A and B thereto may be
filed in hard copy. Show Cause Hearing set for 6/10/2009 at 02:00 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. Replies due by 6/8/2009. SO
ORDERED. Show Cause Response due by 6/5/2009. (Signed by Judge Loretta A. Preska, Part I, on 6/1/2009) (tve) Modified on 6/12/2009 (tve). (Entered: June 2, 2009)
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| June 1, 2009 |
4
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ORDER: The hearing on the Preliminary Injunction, scheduled June 1, 2009 for June 10, 2009 shall be held instead on Monday June 8, 2009 at 2:30 PM. Responsive papers are due Thursday
evening by 5:00 PM. There shall be no Reply. SO ORDERED. (Signed by Judge Deborah A. Batts on 6/1/2009) (tve) Modified on 6/12/2009 (tve). (Entered: June 2, 2009)
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| June 2, 2009 |
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Mailed notice to Register of Copyrights to report the filing of this action. (rdz) (Entered: June 2, 2009)
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| June 2, 2009 |
5
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BRIEF re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by J.D.
Salinger(Individually).(Choset, Kevan) (Entered: June 2, 2009)
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| June 2, 2009 |
6
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AFFIDAVIT of PHYLLIS WESTBERG in Support re: 4 Order,. Document filed by J.D.
Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). (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, # 15 Exhibit O)(Choset, Kevan) (Entered: June 2, 2009)
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| June 2, 2009 |
7
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AFFIDAVIT of MARCIA B. PAUL in Support re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1, # 4 Exhibit C, Part 2, # 5 Exhibit D, # 6 Exhibit E)(Choset, Kevan) (Entered: June 2, 2009)
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| June 3, 2009 |
8
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SEALED DOCUMENT placed in vault.(jri) (Entered: June 3, 2009)
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| June 5, 2009 |
9
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STIPULATION AND ORDER, that plaintiff's application by order to show cause for preliminary injunction is adjourned to and including 6/17/09 at 11:30 am. Answering papers of the defendants
shall be served by email and/or by hand as appropriate to counsel for Salinger on or before 4:00 pm on 6/15/09. No Reply. ( Motion Hearing set for 6/17/2009 at 11:30 AM before Judge
Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 6/5/09) (cd) (Entered: June 5, 2009)
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| June 5, 2009 |
10
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NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of ABP, Inc (Rosenthal, Edward) (Entered: June 5, 2009)
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| June 5, 2009 |
11
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NOTICE OF APPEARANCE by Maura Wogan on behalf of ABP, Inc (Wogan, Maura) (Entered: June 5, 2009)
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| June 5, 2009 |
12
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NOTICE OF APPEARANCE by Cameron Ann Myler on behalf of ABP, Inc (Myler, Cameron) (Entered: June 5, 2009)
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| June 15, 2009 |
13
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NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of John Doe, Windupbird Publishing Ltd, Nicotext A.B (Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
14
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NOTICE OF APPEARANCE by Maura Wogan on behalf of John Doe, Windupbird Publishing Ltd, Nicotext A.B (Wogan, Maura) (Entered: June 15, 2009)
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| June 15, 2009 |
15
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NOTICE OF APPEARANCE by Cameron Ann Myler on behalf of John Doe, Windupbird Publishing Ltd, Nicotext A.B (Myler, Cameron) (Entered: June 15, 2009)
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| June 15, 2009 |
16
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ABP, Inc, Windupbird Publishing Ltd, Nicotext A.B.(Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
17
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DECLARATION of Fredrik Colting in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit
A)(Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
18
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DECLARATION of Aaron Silverman in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
19
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DECLARATION of Robert Spoo in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A
(part 1), # 2 Exhibit A (part 2))(Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
20
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DECLARATION of Martha Woodmansee in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A
(part 1), # 2 Exhibit A (part 2))(Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
21
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DECLARATION of Sara Nelson in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
22
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DECLARATION of Lukas Ortiz in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
23
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DECLARATION of Cameron A. Myler in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit
A)(Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
24
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DECLARATION of Edward H. Rosenthal in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Attachments: # 1 Exhibit A,
# 2 Exhibit B (part 1), # 3 Exhibit B (part 2), # 4 Exhibit B (part 3), # 5 Exhibit B (part 4), # 6 Exhibit C (part 1), # 7 Exhibit C (part 2), # 8 Exhibit C (part 3), # 9 Exhibit D (part 1), # 10 Exhibit D (part 2), # 11 Exhibit E (part 1), # 12 Exhibit E (part 2), # 13 Exhibit E (part 3), # 14 Exhibit E (part 4), # 15 Exhibit E (part 5), # 16 Exhibit E (part 6), # 17 Exhibit E (part 7), # 18 Exhibit E (part 8), # 19 Exhibit E (part 9), # 20 Exhibit E (part 10), # 21 Exhibit E (part 11), # 22 Exhibit F (part 1), # 23 Exhibit F (part 2), # 24 Exhibit F (part 3), # 25 Exhibit F (part 4), # 26 Exhibit G (part 1), # 27 Exhibit G (part 2), # 28 Exhibit G (part 3), # 29 Exhibit G (part 4))(Rosenthal, Edward)
(Entered: June 15, 2009)
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| June 15, 2009 |
25
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MEMORANDUM OF LAW in Opposition re: 3 Order to Show Cause, Set
Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward) (Entered: June 15, 2009)
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| June 15, 2009 |
26
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NOTICE of Appendix of Unreported Decisions in Support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction re: 3 Order to Show Cause, Set Deadlines,,,,,,,,. Document filed by ABP, Inc, John Doe,
Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward) (Entered: June 15, 2009)
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| June 19, 2009 |
27
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MOTION in Limine to Strike certain Exhibits and Expert Declarations. Document filed by J.D. Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary
Trust).(Paul, Marcia) (Entered: June 19, 2009)
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| June 19, 2009 |
28
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ORDER: On June 17, 2009, as stated on the record, the Court entered a Temporary Restraining Order, enjoining the Defendants from publishing, advertising, selling, or otherwise
distributing the book 60 Years Later: Coming through the Rye, until July 1, 2009. (Signed by Judge Deborah A. Batts on 6/19/2009) (rw) (Entered: June 19, 2009)
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| June 23, 2009 |
29
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MEMORANDUM OF LAW in Opposition re: 27 MOTION in Limine to Strike certain
Exhibits and Expert Declarations.. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Wogan, Maura) (Entered: June 23, 2009)
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| July 1, 2009 |
30
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ORDER: Given the Court's finding that Plaintiff is likely to succeed on the merits of its Copyright claim, as well as the presumption of irreparable harm, the Court preliminarily enjoins
Defendants from manufacturing, publishing, distributing, shipping, advertising, promoting, selling, or otherwise disseminating any copy of 60 Years or any portion thereof, in or to the
United States. (Signed by Judge Deborah A. Batts on 7/1/2009) (jpo) (Entered: July 1, 2009)
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| July 2, 2009 |
31
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MEMORANDUM & ORDER, that given the Court's finding that Plaintiff is likely to succeed on the merits of its Copyright claim, as well as the presumption of irreparable harm, the Court
preliminarily enjoins Defendants from manufacturing, publishing, distributing, shipping, advertising, promoting, selling, or otherwise disseminating any copy of 60 Years or any portion
thereof, in or to the United States. (Signed by Judge Deborah A. Batts on 7/2/09) (pl) (Entered: July 2, 2009)
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| July 2, 2009 |
32
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NOTICE OF APPEAL from 31 Order, 30 Order. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext
A.B. Filing fee $ 455.00, receipt number E 693278. (tp) (Entered: July 6, 2009)
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| July 6, 2009 |
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 32 Notice of Appeal. (tp) (Entered: July 6, 2009)
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| July 6, 2009 |
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Transmission of Notice of Appeal to the District Judge re: 32 Notice of Appeal.
(tp) (Entered: July 6, 2009)
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| July 6, 2009 |
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 31 Order, 30 Order, 4 Order, 21 Declaration in Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird
Publishing Ltd, 22 Declaration in Opposition filed by John Doe, ABP, Inc,
Nicotext A.B, Windupbird Publishing Ltd, 13 Notice of Appearance filed by John
Doe, Nicotext A.B, Windupbird Publishing Ltd, 23 Declaration in Opposition
filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 7
Affidavit in Support, filed by J.D. Salinger, 2 Rule 7.1 Corporate Disclosure
Statement filed by J.D. Salinger, 6 Affidavit in Support, filed by J.D.
Salinger, 29 Memorandum of Law in Opposition to Motion filed by John Doe, ABP,
Inc, Nicotext A.B, Windupbird Publishing Ltd, 27 MOTION in Limine to Strike
certain Exhibits and Expert Declarations. filed by J.D. Salinger, 5 Brief
filed by J.D. Salinger, 15 Notice of Appearance filed by John Doe, Nicotext
A.B, Windupbird Publishing Ltd, 10 Notice of Appearance filed by ABP, Inc,
3 Order to Show Cause, Set Deadlines, filed by J.D. Salinger, 25 Memorandum of Law in Opposition filed by John Doe, ABP, Inc, Nicotext A.B,
Windupbird Publishing Ltd, 9 Stipulation and Order, Set Motion and R&R
Deadlines/Hearings, 17 Declaration in Opposition filed by John Doe, ABP, Inc,
Nicotext A.B, Windupbird Publishing Ltd, 12 Notice of Appearance filed by ABP,
Inc, 26 Notice (Other), Notice (Other) filed by John Doe, ABP, Inc, Nicotext
A.B, Windupbird Publishing Ltd, 20 Declaration in Opposition, filed by John
Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 18 Declaration in
Opposition filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 14 Notice of Appearance filed by John Doe, Nicotext A.B, Windupbird Publishing Ltd,
19 Declaration in Opposition, filed by John Doe, ABP, Inc, Nicotext A.B,
Windupbird Publishing Ltd, 16 Rule 7.1 Corporate Disclosure Statement filed by
ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 1 Complaint filed by J.D.
Salinger, 32 Notice of Appeal filed by John Doe, ABP, Inc, Nicotext A.B,
Windupbird Publishing Ltd, 24 Declaration in Opposition, filed by John Doe,
ABP, Inc, Nicotext A.B, Windupbird Publishing Ltd, 28 Order, 11 Notice of Appearance filed by ABP, Inc were transmitted to the U.S. Court of
Appeals. (tp) (Entered: July 6, 2009)
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| July 7, 2009 |
33
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TRANSCRIPT of proceedings held on June 17, 2009 before Judge Deborah A. Batts. (mro) (Entered: July 7, 2009)
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| July 9, 2009 |
34
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ORDER: Accordingly, the Court finds that there is no need for Plaintiff to post a bond pursuant to Rule 65(c). (Signed by Judge Deborah A. Batts on 7/9/2009) (jfe) (Entered: July 9, 2009)
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| July 9, 2009 |
35
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STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED that Frankfurt Kurnit Klein & Selz, P.C. will accept service of the Summons and Complaint with respect to all Defendants; 2.
Defendants' time to answer, move or otherwise respond with respect to the summons and complaint filed by plaintiff Salinger in the above-referenced action (the "Summons and Complaint")
be, and the same hereby is, adjourned to July 12, 2009; and 3. Except as specifically set forth above, nothing, contained herein shall constitute an admission of liability or a waiver of
any right, remedy or defense by any party. (Signed by Judge Deborah A. Batts on 7/9/2009) (jfe) (Entered: July 9, 2009)
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| July 15, 2009 |
36
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First Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for 32 Notice of Appeal filed by John Doe, ABP, Inc, Nicotext A.B, Windupbird Publishing
Ltd USCA Case Number 09-2878, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
(Entered: July 16, 2009)
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| July 21, 2009 |
37
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STIPULATION FOR ADDITION OF DOCUMENTS TO APPELLATE RECORD: The following documents shall be added to the appellate record in Second Circuit Case No. 09-2878: 7/7/09 letter from Frankfurt
Karmil Klein & Selz, P.C. to Hon. Deborah A. Batts regarding Bond; 7/7/09 letter from Davis Weight Tremaine LLP to Hon. Deborah A. Batts in response to FKKS's letter regarding bond.
The documents described in this stipulation will be held by attorneys of record until requested by the U.S. Court of Appeals for the Second Circuit. (Signed by Judge Deborah A. Batts on
7/21/09) (tro) (Entered: July 22, 2009)
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| July 27, 2009 |
38
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ANSWER to Complaint with JURY DEMAND. Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B.(Rosenthal, Edward) (Entered: July 27, 2009)
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| August 17, 2009 |
39
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AMENDED ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against J.D.
Salinger(Individually), J.D. Salinger(Trustee of the J.D. Salinger Literary Trust). Document filed by ABP, Inc, John Doe, Windupbird Publishing Ltd, Nicotext A.B. (Rosenthal, Edward)
(Entered: August 17, 2009)
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| September 3, 2009 |
40
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STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that Salinger's time to answer, move or otherwise respond with respect to the counterclaim is
adjourned to September 14, 2009. (Signed by Judge Deborah A. Batts on 9/3/2009) (jpo) (Entered: September 8, 2009)
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| September 14, 2009 |
41
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ANSWER to Counterclaim. Document filed by J.D. Salinger(Individually).(Choset, Kevan) (Entered: September 14, 2009)
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