North Carolina Board of Law Examiners alleges that BAR/BRI, owned by West Publishing Corp. and The Thomson Corp., engaged in wholesale copying and distribution of copyrighted questions that have appeared on North Carolina bar examinations.
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Date Filed
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Docket Text
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| June 8, 2007 |
1
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COMPLAINT against all defendants ( Filing fee $ 350 receipt number 378901.), filed by Board of Law Examiners. (Attachments: # 1
Summons to West Publishing Corporation# 2 Summons to The Thomson Corporation) (Olive, Susan) (Entered: June 8, 2007)
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| June 8, 2007 |
2
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NOTICE by Board of Law Examiners re 1 Complaint Civil Cover Sheet
(Olive, Susan) (Entered: June 8, 2007)
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| June 8, 2007 |
3
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FINANCIAL DISCLOSURE STATEMENT by Board of Law Examiners. (Olive, Susan) (Entered: June 8, 2007)
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| June 12, 2007 |
4
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ORDER REASSIGNING CASE. Case reassigned to Judge Terrence W. Boyle for all further proceedings. Judge James C. Dever, III no longer assigned to case. All future pleadings should reflect
the revised case number 5:07-cv-210-BO. Signed by Clerk of Court on 6/12/2007. (Deputy Clerk - JRH) (Entered: June 13, 2007)
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| June 14, 2007 |
5
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Summons Issued as to The Thomson Corporation. (Deputy Clerk - BRB, ) (Entered: June 14, 2007)
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| June 14, 2007 |
6
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Summons Issued as to West Publishing Corporation. (Deputy Clerk - BRB, ) (Entered: June 14, 2007)
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| July 3, 2007 |
7
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FINANCIAL DISCLOSURE STATEMENT by West Publishing Corporation, The Thomson Corporation.. (Morrow, John) (Entered: July 3, 2007)
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| July 3, 2007 |
8
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Consent MOTION for Extension of Time to File Answer re 1 Complaint by West
Publishing Corporation, The Thomson Corporation. (Attachments: # 1 Text of Proposed Order) (Morrow, John) (Entered: July 3, 2007)
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| July 5, 2007 |
9
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ORDER granting 8 Motion for Extension of Time to Answer re 1 Complaint West Publishing Corporation answer due 8/10/2007; The Thomson
Corporation answer due 8/10/2007.. Signed by Clerk of Court on 7/5/07. (Deputy Clerk - BRB, ) (Entered: July 5, 2007)
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| July 5, 2007 |
10
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ORDER REASSIGNING CASE. Case reassigned to Judge Malcolm J. Howard for all further proceedings. Judge Terrence W. Boyle no longer assigned to case. Signed by Clerk of Court on 7/5/07.
(Deputy Clerk - BRB, ) (Entered: July 5, 2007)
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| July 26, 2007 |
11
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NOTICE of Appearance by John F. Morrow, Jr on behalf of West Publishing Corporation, The Thomson Corporation (Morrow, John) (Entered: July 26, 2007)
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| August 10, 2007 |
12
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MOTION to Dismiss by West Publishing Corporation, The Thomson Corporation. (Attachments: # 1 Exhibit A to Motion to Dismiss#
2 Exhibit B to Motion to Dismiss# 3 Exhibit C to Motion to Dismiss#
4 Exhibit D to Motion to Dismiss# 5 Exhibit E to Motion to Dismiss#
6 Exhibit F to Motion to Dismiss) (Morrow, John) (Entered: August 10, 2007)
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| August 10, 2007 |
13
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Memorandum in Support re 12 MOTION to Dismiss filed by West Publishing
Corporation, The Thomson Corporation. (Morrow, John) (Entered: August 10, 2007)
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| August 27, 2007 |
14
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First MOTION for Extension of Time to File Response/Reply as to 12 MOTION
to Dismiss by Board of Law Examiners. (Attachments: # 1 Text of Proposed Order Granting Plaintiff's Motion for Extension of
Time) (Olive, Susan) (Entered: August 27, 2007)
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| August 28, 2007 |
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MOTIONS REFERRED: 14 First MOTION for Extension of Time to File Response
to 12 MOTION to Dismiss forwarded to Clerk of Court for consideration.
Motions referred to Clerk of Court. (Deputy Clerk - DH, ) (Entered: August 28, 2007)
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| August 28, 2007 |
15
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ORDER granting 14 Motion for Extension of Time to File Response. Response
due by 10/4/2007. cys served electronically. Signed by Dennis P. Iavarone, Clerk of Court on 8/28/2007. (Deputy Clerk - DH, ) (Entered: August 28, 2007)
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| October 4, 2007 |
16
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RESPONSE in Opposition re 12 MOTION to Dismiss filed by Board of Law
Examiners. (Attachments: # 1 Exhibit A. Copyright Office Records Showing Registrations Owned by the NC Dept. of Public
Instruction Covering Examinations & Other Documents# 2 Exhibit B. Copyright Office Records Showing Registrations Owned by
Other Departments, Divisions & Agencies of the State of N.C.# 3 Exhibit C. Oxford Compact English Dictionary - Definition
of "Tamper"# 4 Exhibit D. Board's Website Page With Terms of Use for Downloadable Examination Copies# 5 Exhibit E. Unpublished case: Nat'l Conf. of Bar Examiners v Saccuzzo (S.D.Cal. 2003)# 6 Exhibit F. Cal. Bus. & Prof. Code Secs. 17200 & 123 [Analogous to N.C.G.S. Secs. 75-1.1 & 14-401.1]) (Olive, Susan)
(Entered: October 4, 2007)
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| October 10, 2007 |
17
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Consent MOTION for Extension of Time to File Response/Reply as to 12
MOTION to Dismiss by West Publishing Corporation, The Thomson Corporation. (Attachments: # 1 Text of Proposed Order) (Morrow,
John) (Entered: October 10, 2007)
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| October 10, 2007 |
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MOTIONS REFERRED: 17 Consent MOTION for Extension of Time to File
Response/Reply as to 12 MOTION to Dismiss Motions referred to Clerk of
Court, Dennis P. Iavarone. (Deputy Clerk - JHC, ) (Entered: October 10, 2007)
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| October 16, 2007 |
18
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MOTION for Leave to File Brief Amicus Curiae by NC Press Association, Inc., NC Press Foundation, Inc., NC Open Gov't Coalition, Inc.. (Stevens, Hugh) (Entered: October 16, 2007)
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| October 16, 2007 |
19
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Amended MOTION for Leave to File Brief Amicus Curiae by NC Press Association, Inc., NC Press Foundation, Inc., NC Open Gov't Coalition, Inc.. (Attachments: # 1 Brief Amicus Curiae) (Stevens, Hugh) (Entered: October 16, 2007)
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| October 16, 2007 |
20
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ORDER granting 17 Motion for Extension of Time to File Reply. Reply due by
11/1/2007. Counsel served electronically. Signed by Dennis P. Iavarone, Clerk of Court on 10/16/2007. (Deputy Clerk - DH, ) (Entered: October 16, 2007)
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| October 16, 2007 |
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Motions Submitted: 18 MOTION for Leave to File Brief Amicus Curiae
and 19 Amended MOTION for Leave to File Brief Amicus Curiae forwarded
to Judge Howard for consideration. (Deputy Clerk - DH, ) (Entered: October 16, 2007)
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| October 22, 2007 |
21
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MOTION for Leave to File Excess Pages Motion for Five-Page Extension for Defendants' Reply Memorandum in Support of Defendants' Motion to Dismiss by West Publishing Corporation,
The Thomson Corporation. (Attachments: # 1 Text of Proposed Order) (Andrussier, Sean) (Entered: October 22, 2007)
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| October 22, 2007 |
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MOTIONS REFERRED: 21 MOTION for Leave to File Excess Pages forwarded to
Judge Daniel for consideration. Motions referred to David W. Daniel. (Deputy Clerk - DH, ) (Entered: October 22, 2007)
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| October 23, 2007 |
22
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RESPONSE in Opposition re 19 Amended MOTION for Leave to File Brief
Amicus Curiae and Request for Time to Respond Substantively if Motion to File Brief is Granted filed by Board of Law Examiners. (Olive, Susan) (Entered: October 23, 2007)
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| October 25, 2007 |
23
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ORDER granting 21 Motion for Leave to File Excess Pages. Counsel served
electronically. Signed by Judge David W. Daniel on 10/25/2007. (Deputy Clerk - DH, ) (Entered: October 25, 2007)
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| October 31, 2007 |
24
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REPLY to Response to Motion re 12 MOTION to Dismiss Defendants' Reply
Memorandum in Support of Their Motion to Dismiss filed by West Publishing Corporation, The Thomson Corporation. (Attachments: # 1 Exhibit to Defendants' Reply Memorandum in Support of Their Motion to Dismiss) (Andrussier, Sean) (Entered: October 31, 2007)
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| October 31, 2007 |
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Motions Submitted: 12 MOTION to Dismiss and DE#13:Response and DE#16 Reply
to Judge Howard via email. (Deputy Clerk - JHC, ) (Entered: October 31, 2007)
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| December 6, 2007 |
25
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NOTICE by Board of Law Examiners, West Publishing Corporation, The Thomson Corporation of Anticipated Dismissal and Request for Stay (Olive, Susan) (Entered: December 6, 2007)
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| December 10, 2007 |
26
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ORDER AS TO SETTLEMENT - Parties Stipulation of dismissal is due by January 21, 2008. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 12/10/2007. (Deputy Clerk - DH, )
(Entered: December 10, 2007)
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| January 18, 2008 |
27
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Joint MOTION for Extension of Time by Board of Law Examiners, West Publishing Corporation, The Thomson Corporation. (Attachments: # 1 Text of Proposed Order Granting 30-Day Extension of Time) (Olive, Susan) (Entered: January 18, 2008)
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| January 18, 2008 |
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Motions Submitted: 27 Joint MOTION for Extension of Time forwarded to
Judge Howard for consideration. (Deputy Clerk - DH, ) (Entered: January 18, 2008)
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| January 24, 2008 |
28
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ORDER granting 27 Motion for Extension of Time. The parties shall file
their Stipulation of Dismissal With Prejudice on or before February 20, 2008. Counsel served by NEF. Signed by Judge Malcolm J. Howard on 1/24/2008. (Deputy Clerk - DH, ) (Entered:
01/24/2008)
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| February 20, 2008 |
29
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NOTICE of Voluntary Dismissal by Board of Law Examiners (Olive, Susan) (Entered: February 20, 2008)
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| February 21, 2008 |
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NOTICE OF DEFICIENCY re: 29 Notice of Voluntary Dismissal. Counsel is
directed to refile the Stipulation of Dismissal and include defendant's signature. Once a responsive pleading has been filed [DE #12 Motion to Dismiss], counsel must file a Stipulation of
Dismissal signed by counsel for all parties. Thank You. (Deputy Clerk - DH, ) (Entered: February 21, 2008)
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| February 21, 2008 |
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NOTICE OF CORRECTION re: Notice of Deficiency. Please disregard the Notice of Deficiency entered 2/21/2008. The Clerk's Office will accept the Notice of Voluntary Dismissal filed by the
plaintiff since the defendant's Motion to Dismiss was not supported by Affidavit. Thank You. (Deputy Clerk - DH, ) (Entered: February 21, 2008)
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