United States of America v. Apple, Inc.

Filing 16

FORM C, on behalf of Appellant Bob Kohn, FILED. Service date 10/16/2012 by CM/ECF.[746983] [12-4017]

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STAYED, APPEAL, COMPLEX-CSMGMT, ECF, MDL, RELATED

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:12-cv-02826-DLC

Unites States of America v. Apple, Inc. et al
Assigned to: Judge Denise L. Cote
Lead case: 1:11-md-02293-DLC
Member case: (View Member Case)
Related Case: 1:11-md-02293-DLC
Cause: 15:1 Antitrust Litigation

Date Filed: 04/11/2012
Jury Demand: None
Nature of Suit: 410 Anti-Trust
Jurisdiction: U.S. Government Plaintiff

Plaintiff
Unites States of America

represented by Mark W Ryan
U.S. Department of Justice - Antitrust
Division
950 Pennsylvania Avenue, Nw
Washington, DC 20530
(202)-532-4753
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carrie Ann Syme
U.S. Department of Justice, Antitrust
Division (NY)
26 Federal Plaza, Room 3630
New York, NY 10278
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Daniel McCuaig
U.S. Department of Justice, Antitrust Div
(DC5thSt)
450 5th Street
Suite 4000
Washington, DC 20001
[phone] x0520
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Lawrence Edward Buterman
US Department of Justice, Antitrust
Division
450 Fifth Street, NW
Washington, DC 20530

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[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Mary Beth McGee
United States Litigation III Section
450 Fifth St. Nw, Suite 4000
Washington, DC 20008
[phone]
Fax: [phone]
ATTORNEY TO BE NOTICED
Nathan P. Sutton
United States Litigation III Section
450 Fifth St. Nw, Suite 4000
Washington, DC 20008
[phone]
Fax: [phone]
ATTORNEY TO BE NOTICED
Owen M Kendler
United States Litigation III Section
450 Fifth St. Nw, Suite 4000
Washington, DC 20008
[phone]
Fax: [phone]
ATTORNEY TO BE NOTICED
Stephanie A. Fleming
U.S. Department of Justice, Antitrust
Division
450 Fifth Street, N.W., Suite 4000
Washington, DC 20530
(202)-514-9228
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Stephen Thayer Fairchild
U.S. Department of Justice, Antitrust
Division
450 Fifth St. Nw, Suite 4000
Washington, DC 20008
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
William H. Jones
United States Litigation III Section
450 Fifth St. Nw, Suite 4000
Washington, DC 20008

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[phone]
Fax: [phone]
ATTORNEY TO BE NOTICED

V.
Defendant
Apple, Inc.

represented by Andrew Jay Frackman
O'Melveny & Myers LLP
7 Times Square
New York, NY 10036
212-326-2000
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel S. Floyd
Gibson, Dunn & Crutcher LLP (CA2)
333 S. Grand Avenue, Suite 4600
Los Angeles, CA 90070
(213)-229-7148
Fax: [phone]
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Daniel G. Swanson
Gibson, Dunn & Crutcher LLP (CA2)
333 S. Grand Avenue, Suite 4600
Los Angeles, CA 90070
(213)-229-7148
Fax: [phone]
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED
Edward Nathaniel Moss
O'Melveny & Myers, LLP(NYC)
7 Times Square
New York, NY 10036
(212)-326-2000
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Hane Lee Kim
Gibson, Dunn & Crutcher, LLP (NY)
200 Park Avenue, 48th Floor
New York, NY 10166
(212)-351-2412
Fax: [phone]

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Email: [e-mail]
ATTORNEY TO BE NOTICED
Jagannathan P Srinivasan
Gibson, Dunn & Crutcher LLP
333 S. Grand Avenue, Suite 4600
Los Angeles, CA 90070
213-229-7296
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Richard Parker
O'Melveny & Myers LLP
1625 Eye Street, NW
Washington, DC 20006
202-383-5380
Fax: [phone]
Email: [e-mail]
PRO HAC VICE
ATTORNEY TO BE NOTICED

Defendant
Hachette Book Group, Inc.
TERMINATED: 09/06/2012

represented by Walter B. Stuart , IV
Freshfields Bruckhaus Deringer LLP
601 Lexington Avenue
New York, NY 10022
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Samuel Joseph Rubin
Freshfields Bruckhaus Deringer LLP
601 Lexington Avenue
New York, NY 10022
(212)-230-4661
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
HarperCollins Publishers L.L.C.
TERMINATED: 09/06/2012

represented by Shepard Goldfein
Skadden, Arps, Slate, Meagher & Flom
LLP (NYC)
Four Times Square
42nd floor
New York, NY 10036
(212)-735-3610
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Cliffor d Hank Ar onson
Skadden, Arps, Slate, Meagher & Flom
4 Times Square
New York, NY 10036-6522
[phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Paul Madison Eckles
Skadden, Arps, Slate, Meagher & Flom
LLP (NYC)
Four Times Square
42nd floor
New York, NY 10036
(212)-735-2578
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Ver lagsgr uppe Geor g Von Holtzbr inck
GMBH

represented by J oel M. Mitnick
Sidley Austin LLP
787 Seventh Avenue
New York, NY 10019
[phone]
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alexandr a Shear
Sidley Austin LLP(NY)
787 Seventh Avenue
New York, NY 10019
(212)-839-7356
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Holtzbr inck Publisher s, LLC
doing business as
Macmillan

represented by J oel M. Mitnick
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alexandr a Shear
(See above for address)
ATTORNEY TO BE NOTICED
David J oseph Car ey
Sidley Austin LLP(NY)

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787 Seventh Avenue
New York, NY 10019
[phone]
Fax: [phone]
Email: [e-mail]
TERMINATED: 08/27/2012
John J. Lavelle
Sidley Austin LLP (NY)
787 Seventh Avenue
New York, NY 10019
(212)-839-5300
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
The Penguin Group
A Division of Pearson PLC

represented by Allison Sheedy
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Ave. NW
Washington, DC 20036
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Daniel F. McInnis
Akin, Gump, Strauss, Hauer & Feld, LLP
(DC)
Robert S. Strauss Building
1333 New Hampshire Avenue, N.W.
Washington, DC 20036
(202)-887-4000
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Penguin Group (USA), Inc.

represented by Allison Sheedy
(See above for address)
ATTORNEY TO BE NOTICED
Daniel F. McInnis
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Simon & Schuster, Inc.
TERMINATED: 09/06/2012

represented by Helene Debra Jaffe
Proskauer Rose LLP (NY)
11 Times Square
New York, NY 10036
(212)-969-3000
Fax: [phone]

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Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James W. Quinn
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Fl.
New York, NY 10153
2123108000
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jennifer R. Scullion
Proskauer Rose LLP (NY)
11 Times Square
New York, NY 10036
212-969-3655
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Yehudah Lev Buchweitz
Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Fl.
New York, NY 10153
[phone] x8256
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amicus
American Booksellers Association, Inc.

represented by David Neal Wynn
Arent Fox LLP(New York)
1675 Broadway
New York, NY 10019
212-484-3920
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amicus
Barnes & Noble, Inc.

represented by David Neal Wynn
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amicus
Bob Kohn

represented by Steven Brower

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Buchalter Nemer
18400 Von Karman, Suite 800
Irvine, CA 92626-1902
(714)-549-5150
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amicus
The Authors Guild, Inc.
31 East 32nd Street, 7th Floor
New York, NY 10016
[phone]

represented by Jan Friedman Levien
The Authors Guild, Inc.
31 E 32nd St Fl 7th
New York, NY 10016
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

04/11/2012

1

COMPLAINT against Apple, Inc., Hachette Book Group, Inc., HarperCollins
Publishers L.L.C., Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., Simon
& Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck
GMBH. Document filed by Unites States of America.(tro) (Entered: 04/11/2012)

04/11/2012

SUMMONS ISSUED as to Apple, Inc., Hachette Book Group, Inc., HarperCollins
Publishers L.L.C., Holtzbrinck Publishers, LLC, Penguin Group (USA), Inc., Simon
& Schuster, Inc., The Penguin Group, Verlagsgruppe Georg Von Holtzbrinck
GMBH. (tro) (Entered: 04/11/2012)

04/11/2012

CASE REFERRED TO Judge Denise L. Cote as possibly related to 1:11-md-02293.
(tro) (Entered: 04/11/2012)

04/11/2012

Case Designated ECF. (tro) (Entered: 04/11/2012)

04/11/2012

2

ORDER DESIGNATING CASE FOR INCLUSION IN PILOT PROJECT
REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL
CASES. This case is hereby designated for inclusion in the Pilot Project Regarding
Case Management Techniques for Complex Civil Cases in the Southern District of
New York (the "Pilot Project"). The parties are directed to the court's website for a
description of the Pilot Project, including procedures to be followed, at
www.nysd.uscourts.gov. (Signed by Judge Loretta A. Preska on 10/31/2011) (tro)
(Entered: 04/11/2012)

04/11/2012

3

NOTICE of Plaintiff's Explanation of Consent Decree Procedures. Document filed by
Unites States of America. (Fairchild, Stephen) (Entered: 04/11/2012)

04/11/2012

4

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT NOTICE of Stipulation Concerning Entry of PROPOSED Final Judgment as to
Defendants Hachette, HarperCollins, and Simon & Schuster, After Compliance with
the APPA. Document filed by Unites States of America. (Attachments: # 1 Exhibit
PROPOSED Final Judgment as to Defendants Hachette, HarperCollins, and Simon &
Schuster)(Fairchild, Stephen) Modified on 4/12/2012 (ka). (Entered: 04/11/2012)

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NOTICE of Competitive Impact Statement. Document filed by Unites States of
America. (Fairchild, Stephen) (Entered: 04/11/2012)

04/11/2012

CASE ACCEPTED AS RELATED. Create association to 1:11-md-02293-DLC.
Notice of Assignment to follow. (pgu) (Entered: 04/11/2012)

04/11/2012

CONSOLIDATED MDL CASE: Create association to 1:11-md-02293-DLC. (pgu)
(Entered: 04/11/2012)

04/11/2012

6

NOTICE OF CASE ASSIGNMENT to Judge Denise L. Cote. Judge Unassigned is
no longer assigned to the case. (pgu) (Entered: 04/11/2012)

04/11/2012

Magistrate Judge Michael H. Dolinger is so designated. (pgu) (Entered: 04/11/2012)

04/12/2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF
DOCUMENT ERROR. Note to Attor ney Stephen Thayer Fair child to E-MAIL
to [e-mail] ts.gov., Document No. 4 Stipulation. This document
is not filed via ECF. (ka) (Entered: 04/12/2012)

04/12/2012

7

ORDER: Conference set for 4/18/2012 at 02:00 PM in Courtroom 15B, 500 Pearl
Street, New York, NY 10007 before Judge Denise L. Cote. Counsel representing
parties in any related litigation, including The State of Texas, et al. vs Penquin Group
(USA) Inc., et al., 12 CV 0324(W.D. TX), may also attend. Counsel for the
defendants are requested to notify the plaintiffs in any related action of this Order.
(Signed by Judge Denise L. Cote on 4/12/2012) Filed In Associated Cases: 1:11-md02293-DLC, 1:12-cv-02826-DLC(cd) (Entered: 04/12/2012)

04/12/2012

8

Letter addressed to Judge Denise L. Cote from Daniel McCuaig dated 4/11/2012 re:
counsel for plaintiff United States to submit two courtesy copies of the following
documents filed today regarding the above-referenced case: 1. Complaint 2.
Stipulation and Proposed Final Judgment 3. Competitive Impact Statement 4.
Plaintiff United States' Explanation of Consent Decree Procedures,. Document filed
by Unites States of America.(pl) (Entered: 04/13/2012)

04/13/2012

17 Letter addressed to Judge Denise L Cote from Daniel McCuaig dated 4/11/2012 re:
settlement with defendants Hachette Books, HarperCollins, and Simon & Schuster.
Document filed by Unites States of America.(cd) (Entered: 04/19/2012)

04/17/2012

9

NOTICE OF APPEARANCE by Joel M. Mitnick on behalf of Holtzbrinck
Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH (Mitnick, Joel)
(Entered: 04/17/2012)

04/17/2012

10

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von
Holtzbrinck GMBH.(Mitnick, Joel) Modified on 4/26/2012 (gp). Modified on
4/26/2012 (gp). (Entered: 04/17/2012)

04/17/2012

11

NOTICE OF APPEARANCE by Alexandra Shear on behalf of Holtzbrinck
Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH (Shear, Alexandra)
(Entered: 04/17/2012)

04/18/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference
held on 4/18/2012. Court Reporter: Denise Richards present Associated Cases: 1:11md-02293-DLC et al.(djc) (Entered: 04/20/2012)

04/18/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference
held on 4/18/2012. Court Reporter: Denise Richards present. (mro) (Entered:

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04/23/2012)
04/19/2012

12

NOTICE OF APPEARANCE by Shepard Goldfein on behalf of HarperCollins
Publishers L.L.C. (Goldfein, Shepard) (Entered: 04/19/2012)

04/19/2012

13

NOTICE OF APPEARANCE by Paul Madison Eckles on behalf of HarperCollins
Publishers L.L.C. (Eckles, Paul) (Entered: 04/19/2012)

04/19/2012

14

NOTICE OF APPEARANCE by Clifford Hank Aronson on behalf of HarperCollins
Publishers L.L.C. (Aronson, Clifford) (Entered: 04/19/2012)

04/19/2012

15

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate
Parent News Corporation for HarperCollins Publishers L.L.C.. Document filed by
HarperCollins Publishers L.L.C..(Eckles, Paul) (Entered: 04/19/2012)

04/19/2012

16

NOTICE of Certification of Defendant HarperCollins Pursuant to 15 U.S.C. §16(g).
Document filed by HarperCollins Publishers L.L.C.. (Aronson, Clifford) (Entered:
04/19/2012)

04/20/2012

18

NOTICE OF APPEARANCE by Jennifer R. Scullion on behalf of Simon &
Schuster, Inc. (Attachments: # 1 Certificate of Service)(Scullion, Jennifer) (Entered:
04/20/2012)

04/20/2012

19

NOTICE of Defendant Simon & Schuster Inc.'s Description and Certification of
Written or Oral Communications Concerning the Proposed Final Judgment in this
Action. Document filed by Simon & Schuster, Inc.. (Attachments: # 1 Certificate of
Service)(Scullion, Jennifer) (Entered: 04/20/2012)

04/20/2012

20

NOTICE OF APPEARANCE by Helene Debra Jaffe on behalf of Simon & Schuster,
Inc. (Attachments: # 1 Certificate of Service)(Jaffe, Helene) (Entered: 04/20/2012)

04/20/2012

21

NOTICE OF APPEARANCE by James W. Quinn on behalf of Simon & Schuster,
Inc. (Quinn, James) (Entered: 04/20/2012)

04/20/2012

22

NOTICE OF APPEARANCE by Yehudah Lev Buchweitz on behalf of Simon &
Schuster, Inc. (Buchweitz, Yehudah) (Entered: 04/20/2012)

04/20/2012

23

NOTICE OF APPEARANCE by Walter B. Stuart, IV on behalf of Hachette Book
Group, Inc. (Stuart, Walter) (Entered: 04/20/2012)

04/20/2012

24

NOTICE OF APPEARANCE by Samuel Joseph Rubin on behalf of Hachette Book
Group, Inc. (Rubin, Samuel) (Entered: 04/20/2012)

04/20/2012

25

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate
Parent Hachette Livre USA, Inc., Corporate Parent Lagardere SCA, Corporate Parent
Lagardere North America Inc., Corporate Parent Hachette SAS for Hachette Book
Group, Inc.. Document filed by Hachette Book Group, Inc..(Stuart, Walter) (Entered:
04/20/2012)

04/20/2012

26

NOTICE of Certification of Defendant Hachette Book Group Pursuant to 15 U.S.C.
Section 16(g). Document filed by Hachette Book Group, Inc.. (Stuart, Walter)
(Entered: 04/20/2012)

04/23/2012

27

CASE MANAGEMENT ORDER: It is hereby ORDERED as follows: 1. Any
application by Penguin Group USA, Inc. to withdraw its Motion to Compel
Arbitration and Stay Proceedings must be submitted by April 27, 2012. 2. The
Government and defendants Hachette Book Group, Inc.; HarperCollins Publishers
L.L.C.; and Simon & Schuster, Inc. (collectively, the "Settling Parties") shall submit

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a proposed order for a stay by April 30, 2012. 3. The Government shall file any
motion with respect to a proposed final judgment by July 27. Any submissions in
response to this motion by a party in one of the above-captioned actions shall be filed
by August 8, 2012, and shall not exceed 5 pages. The limit of 10 pages described at
the conference is hereby reduced to 5 pages. The Government shall have until August
15, 2012 to file any reply. IT IS FURTHER ORDERED that a conference in these
actions, and any related actions subsequently accepted by this Court, will be held on
June 22, 2012 at 2:30 p.m. at the United States Courthouse, 500 Pearl Street, New
York, New York, in Courtroom 15B. IT IS FURTHER ORDERED that prior to the
June 22, 2012 conference, the parties in these actions, and any related actions
subsequently accepted by this Court, shall submit to the Court a proposal for
coordinated discovery and a proposed confidentiality agreement. Motions due by
7/27/2012. Responses due by 8/8/2012. Replies due by 8/15/2012. Status Conference
set for 6/22/2012 at 02:30 PM in Courtroom 15B, U.S. Courthouse, 500 Pearl Street,
New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote
on 4/23/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(rjm) (Entered:
04/24/2012)
04/25/2012

28

ORDER: ORDERED that, unless Penguin advises the Court by April 30, 2012 that it
wishes its March 2 motion to stay proceedings and compel arbitration to be
addressed, the motion will be deemed withdrawn. IT IS FURTHER ORDERED that
in the event Penguin files a renewed motion to arbitrate, any party opposing the
motion may present any arguments that are appropriate, including that Penguin has
waived its right to arbitrate. (Signed by Judge Denise L. Cote on 4/25/2012) Filed In
Associated Cases: 1:11-md-02293-DLC et al.(djc) (Entered: 04/26/2012)

04/26/2012

29

NOTICE OF APPEARANCE by Hane Lee Kim on behalf of Apple, Inc. (Kim,
Hane) (Entered: 04/26/2012)

04/26/2012

30

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate
Parent Georg von Holtzbrinck GmbH & Co. KG for Holtzbrinck Publishers, LLC.
Document filed by Holtzbrinck Publishers, LLC.(Mitnick, Joel) (Entered:
04/26/2012)

04/26/2012

31

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Verlagsgruppe Georg Von Holtzbrinck GMBH.(Mitnick, Joel)
(Entered: 04/26/2012)

04/27/2012

32

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by Apple, Inc..(Kim, Hane) (Entered: 04/27/2012)

04/27/2012

33

Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 4/25/2012 re: Per
our discussion at the April 18, 2012 Status Conference, HaneL. Kim, my colleague
from Gibson Dunn's New York office, will serve as coordinating counsel for nonsettling defendants in the above-captioned actions. Filed In Associated Cases: 1:11md-02293-DLC, 1:12-cv-02826-DLC(ama) (Entered: 04/27/2012)

05/01/2012

34

NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of Apple, Inc.
(Frackman, Andrew) (Entered: 05/01/2012)

05/01/2012

35

NOTICE OF APPEARANCE by Edward Nathaniel Moss on behalf of Apple, Inc.
(Moss, Edward) (Entered: 05/01/2012)

05/01/2012

36

Letter addressed to Judge Denise L Cote from Shepard Goldfein dated 4/30/2012 re:
The settling defendants request that the Court enter the eclosed Stay Order.
Document filed by HarperCollins Publishers L.L.C.Filed In Associated Cases: 1:11-

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md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered:
05/01/2012)
05/01/2012

37

Letter addressed to Judge Denise L Cote from Steve W Berman dated 4/30/2012 re:
We submit an alternative Stay Order for the court's consideration. Document filed by
Shilpa Grover et al.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826DLC(cd) (Entered: 05/01/2012)

05/01/2012

38

ORDER STAYING CASE until 7/11/2012 as to defendants HarperCollins
Publishers, Hachette Book Group, Inc, Hachette Digital Inc. (settling defendants),
and as further set forth in this document. (Signed by Judge Denise L. Cote on
5/1/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC(cd)
(Entered: 05/01/2012)

05/01/2012

39

MOTION for Richard Parker to Appear Pro Hac Vice. Document filed by Apple, Inc.
(pgu) (Entered: 05/02/2012)

05/03/2012

40

MEMO ENDORSEMENT on re: 39 Motion for Richard Parker to Appear Pro Hac
Vice. ENDORSEMENT: Granted.. (Signed by Judge Denise L. Cote on 5/3/2012)
(jfe) (Entered: 05/03/2012)

05/03/2012

41

NOTICE OF CHANGE OF ADDRESS by Edward Nathaniel Moss on behalf of
Apple, Inc.. New Address: O'Melveny & Myers LLP, 7 Times Square, New York,
NY, United States 10036, 212-326-2000. (Moss, Edward) (Entered: 05/03/2012)

05/08/2012

CASHIERS OFFICE REMARK on 39 Motion to Appear Pro Hac Vice in the
amount of $200.00, paid on 05/01/2012, Receipt Number 1036930. (jd) Modified on
5/8/2012 (kco). (Entered: 05/08/2012)

05/08/2012

42

MOTION for Daniel S. Floyd, Daniel G. Swanson & Jagannathan P. Srinivasan to
Appear Pro Hac Vice. Document filed by Apple, Inc.(pgu) (Entered: 05/09/2012)

05/09/2012

43

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that
shall govern the handling of confidential material... (Signed by Judge Denise L. Cote
on 5/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(lmb) (Entered:
05/09/2012)

05/10/2012

44

NOTICE OF APPEARANCE by Eric Lipman on behalf of The State of Texas Filed
In Associated Cases: 1:11-md-02293-DLC et al.(Lipman, Eric) (Entered:
05/10/2012)

05/10/2012

CASHIERS OFFICE REMARK on 42 Motion to Appear Pro Hac Vice in the
amount of $600.00, paid on 05/08/2012, Receipt Number
1037644,1037645,1037646. (jd) (Entered: 05/10/2012)

05/11/2012

45

ORDER granting 42 Motion for DanielS. Floyd, Daniel G. Swanson, and
Jagannathan P. Srinivasan, to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote
on 5/11/2012) (ama) (Entered: 05/11/2012)

05/11/2012

46

NOTICE OF APPEARANCE by Daniel F. McInnis on behalf of Penguin Group
(USA), Inc., The Penguin Group (McInnis, Daniel) (Entered: 05/11/2012)

05/11/2012

47

NOTICE OF APPEARANCE by Allison Sheedy on behalf of Penguin Group (USA),
Inc., The Penguin Group (Sheedy, Allison) (Entered: 05/11/2012)

05/16/2012

48

NOTICE OF APPEARANCE by Carrie Ann Syme on behalf of Unites States of
America (Syme, Carrie) (Entered: 05/16/2012)

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05/16/2012

49

NOTICE OF CHANGE OF ADDRESS by Carrie Ann Syme on behalf of Unites
States of America. New Address: United States Department of Justice, Antitrust
Division, 26 Federal Plaza, Room 3630, New York, NY, US 10278, [phone].
(Syme, Carrie) (Entered: 05/16/2012)

05/16/2012

50

NOTICE OF APPEARANCE by David Joseph Carey on behalf of Holtzbrinck
Publishers, LLC (Carey, David) (Entered: 05/16/2012)

05/16/2012

51

NOTICE OF APPEARANCE by John Joseph Lavelle on behalf of Holtzbrinck
Publishers, LLC (Lavelle, John) (Entered: 05/16/2012)

05/22/2012

52

NOTICE OF APPEARANCE by Daniel S. Floyd on behalf of Apple, Inc. (Floyd,
Daniel) (Entered: 05/22/2012)

05/22/2012

53

NOTICE OF APPEARANCE by Daniel G. Swanson on behalf of Apple, Inc.
(Swanson, Daniel) (Entered: 05/22/2012)

05/22/2012

54

ANSWER to 1 Complaint,. Document filed by Apple, Inc..(Floyd, Daniel) (Entered:
05/22/2012)

05/29/2012

55

NOTICE OF APPEARANCE by Lawrence Edward Buterman on behalf of Unites
States of America (Buterman, Lawrence) (Entered: 05/29/2012)

05/29/2012

56

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate
Parent Pearson plc for Penguin Group (USA), Inc., The Penguin Group. Document
filed by Penguin Group (USA), Inc., The Penguin Group.(McInnis, Daniel) (Entered:
05/29/2012)

05/29/2012

57

ANSWER to 1 Complaint,. Document filed by Penguin Group (USA), Inc., The
Penguin Group.(McInnis, Daniel) (Entered: 05/29/2012)

05/29/2012

58

ANSWER to 1 Complaint,. Document filed by Verlagsgruppe Georg Von
Holtzbrinck GMBH.(Mitnick, Joel) (Entered: 05/29/2012)

05/29/2012

59

ANSWER to 1 Complaint,. Document filed by Holtzbrinck Publishers, LLC.
(Mitnick, Joel) (Entered: 05/29/2012)

06/11/2012

60

ENDORSED LETTER addressed to Judge Denise L Cote from Daniel McCuaig
dated 6/7/2012 re: Accordingly, tl1e United States asks that the Court excuse
publication of the public comments in the Federal Register and, instead, allow
comments to be posted on the Antitrust Division website in conjunction with Federal
Register publication of the internet address at which comments can be read and
downloaded. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on
6/11/2012) (cd) (Entered: 06/11/2012)

06/12/2012

61

NOTICE of Executed Waivers of Service by Defendants. Document filed by Unites
States of America. (Attachments: # 1 Waiver of Service by Apple, Inc., # 2 Waiver
of Service by Hachette Book Group, Inc., # 3 Waiver of Service by HarperCollins
Publishers L.L.C., # 4 Waiver of Service by Verlagsgruppe Georg von Holtzbrinck
GmbH, # 5 Waiver of Service by Holtzbrinck Publishers, LLC d/b/a Macmillan, # 6
Waiver of Service by The Penguin Group, A Division of Pearson PLC, # 7 Waiver of
Service by Penguin Group (USA), Inc., # 8 Waiver of Service by Simon & Schuster,
Inc.)(Buterman, Lawrence) (Entered: 06/12/2012)

06/13/2012

63 MOTION for Stephanie A. Fleming to Appear Pro Hac Vice. Document filed by
Unites States of America.(pgu) (Entered: 06/14/2012)

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06/14/2012

62

NOTICE OF APPEARANCE by Mark W Ryan on behalf of Unites States of
America (Ryan, Mark) (Entered: 06/14/2012)

06/15/2012

64

STATUS REPORT. Joint Initial Report of All Parties Document filed by Unites
States of America. (Attachments: # 1 Exhibit Proposed Schedules, # 2 Exhibit
Parties' Current Disputes, # 3 Exhibit Joint ESI Submission)(Syme, Carrie) (Entered:
06/15/2012)

06/18/2012

65

MEMO ENDORSEMENT on 63 Motion for Stephanie A. Fleming to Appear Pro
Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on
6/18/2012) (djc) (Entered: 06/19/2012)

06/20/2012

66

Letter addressed to Judge Denise L Cote from Daniel Floyd dated 6/19/2012 re:
Apple's position on the remaining disputes among the parties re joint initial report.
Document filed by Apple, Inc.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/21/2012)

06/20/2012

67

Letter addressed to Judge Denise L Cote from Steve W Berman dated 6/20/2012 re:
Disputes to the Joint Initial Report, filed by Class Plaintiffs. Filed In Associated
Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
(Entered: 06/21/2012)

06/20/2012

68

Letter addressed to Judge Denise L Cote from Joel M Mitnick dated 6/20/2012 re:
Remaining Disputes and the Joint Initial Report. Document filed by Holtzbrinck
Publishers, LLC, Verlagsgruppe Georg Von Holtzbrinck GMBH.Filed In Associated
Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd)
(Entered: 06/21/2012)

06/20/2012

69

Letter addressed to Judge Denise L Cote from Gabriel R Gervey and W. Joseph
Nielsen dated 6/20/2012 re: Plaintiff States request that the Court adopt the Plaintiffs'
proposed schedule. Document filed by Plaintiff States.Filed In Associated Cases:
1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(cd) (Entered:
06/21/2012)

06/21/2012

70

Letter addressed to Judge Denise L Cote from Mark W Ryan dated 6/20/2012 re:
Discovery should proceed without delay and the resolution of the United States'
claims need not be combined with trials in the other set of cases. Document filed by
Unites States of America. Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv02826-DLC(cd) (Entered: 06/21/2012)

06/22/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference
held on 6/22/2012. (Court Reporter Pam Utter) Associated Cases: 1:11-md-02293DLC et al.(gr) (Entered: 07/12/2012)

06/22/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference
held on 6/22/2012. (Court Reporter Pam Utter) (gr) (Entered: 07/12/2012)

06/25/2012

71

SCHEDULING ORDER: Amended Initial Report due by 7/6/20121. Government
shall file any motion with respect to a proposed final judgment in 12cv2826 by
8/3/2012, Responses due by 8/15/2012, replies due by 8/22/2012. Fact Discovery due
by 3/22/2012. Expert Discovery due by 3/22/2012. The plaintiffs in 12cv3394 shall
submit by 8/20/2012, any motion for preliminary approval of any settlement
agreement. Any motion to certify class in 11MD2293 must be submitted by
11/16/2012. The defendants' opposition due by 12/14/2012. Plaintiffs' reply due by
1/18/2012. Joint pretrial order due by 4/26/2013 in 12cv2826. Motions in limine in
12cv2826 are due by 4/26/2012, responses due by 5/3/2012, replies due by 5/8/2012.

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Final pretrial conference in 12cv2826 is scheduled for 5/24/2013 at 2:00 p.m. in
Courtroom 15B, 500 Pearl Street. Trial in 12cv2826 will begin on 6/3/2013 at 9:30
a.m. Any motion for summary judgment in the above listed actions in 11MD2293 or
12cv3394 must be served by 9/13/2013, any opposition served by 10/4/2012, any
reply due by 10/18/2012. All other deadlines are as set forth in this order. (Signed by
Judge Denise L. Cote on 6/25/2012) Filed In Associated Cases: 1:11-md-02293DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar) (Entered: 06/25/2012)
06/25/2012

72

ORDER: With respect to these cases only, communications with Chambers by letter
shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the
following address: see order. A copy shall simultaneously be delivered to all counsel.
Copies of correspondence between counsel shall not be sent to the Court. No emailed letter shall be sent to the Court by mail unless it has an attachment greater
than ten pages. (Signed by Judge Denise L. Cote on 6/25/2012) Filed In Associated
Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv-03394-DLC(jar)
(Entered: 06/25/2012)

06/26/2012

73 Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 6/20/12 re: The
United States believes that discovery should proceed without delay and that the
resolution of the United States' claims need not be combined with trials in the other
sets of cases. Document filed by Unites States of America.Filed In Associated Cases:
1:11-md-02293-DLC, 1:12-cv-02826-DLC(mro) (Entered: 06/26/2012)

06/27/2012

74

Letter addressed to Judge Denise L Cote from Gabriel R Gervey and Gary Becker
dated 6/26/2012 re: Plaintiff states are aenable to a bench trial. Document filed by
The State of Texas.Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826DLC, 1:12-cv-03394-DLC(cd) (Entered: 06/28/2012)

07/06/2012

75

MOTION for DAVID J. CAREY to Withdraw as Attorney and [Proposed] Order.
Document filed by Holtzbrinck Publishers, LLC, Verlagsgruppe Georg Von
Holtzbrinck GMBH.(Mitnick, Joel) (Entered: 07/06/2012)

07/06/2012

76

STATUS REPORT. Revised Joint Initial Report Document filed by Unites States of
America. (Attachments: # 1 Exhibit Schedule, # 2 Exhibit Revised ESI Report)Filed
In Associated Cases: 1:11-md-02293-DLC et al.(Syme, Carrie) (Entered:
07/06/2012)

07/09/2012

77

ORDER: It is hereby ordered that the stay in this litigation as to defendant Hachette
Digital, Inc. is extended from July 11, 2011 to August 10, 2012. (Signed by Judge
Denise L. Cote on 7/9/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.
(js) (Entered: 07/10/2012)

07/12/2012

78

TRANSCRIPT of Proceedings re: CONFERNCE held on 6/22/2012 before Judge
Denise L. Cote. Court Reporter/Transcriber: Pamela Utter, [phone].
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Redaction Request due 8/6/2012.
Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set
for 10/15/2012.(McGuirk, Kelly) (Entered: 07/12/2012)

07/12/2012

79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a CONFERENCE proceeding held on 6/22/12 has been filed by
the court reporter/transcriber in the above-captioned matter. The parties have seven
(7) calendar days to file with the court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript may be made remotely

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electronically available to the public without redaction after 90 calendar days...
(McGuirk, Kelly) (Entered: 07/12/2012)
07/12/2012

80

07/17/2012

Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 7/11/2012 re:
The United States respectfully submits this response to Mr. Kohn's July 9, 2012
letter. Document filed by Unites States of America.(ama) (Entered: 07/12/2012)
***DELETED DOCUMENT. Deleted document number 83 Letter. The
document was incorrectly filed in this case. Duplicate of entry 80 . (tro) (Entered:
07/30/2012)

07/23/2012

81

RESPONSE to Public Comments on the Proposed Final Judgment. Document filed
by Unites States of America. (Fleming, Stephanie) (Entered: 07/23/2012)

07/26/2012

82

MEMO ENDORSED in case 1:11-cv-05576-DLC; granting (201) Motion for George
Farah to Appear Pro Hac Vice in case 1:11-md-02293-DLC; granting [] Motion for
George Farah to Appear Pro Hac Vice in case 1:11-cv-05576-DLC; granting []
Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05609-DLC;
granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-05621DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv05707-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case
1:11-cv-05750-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in
case 1:11-cv-05896-DLC; granting [] Motion for George Farah to Appear Pro Hac
Vice in case 1:11-cv-05898-DLC; granting [] Motion for George Farah to Appear
Pro Hac Vice in case 1:11-cv-05976-DLC; granting [] Motion for George Farah to
Appear Pro Hac Vice in case 1:11-cv-06019-DLC; granting [] Motion for George
Farah to Appear Pro Hac Vice in case 1:11-cv-06079-DLC; granting [] Motion for
George Farah to Appear Pro Hac Vice in case 1:11-cv-07507-DLC; granting []
Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07534-DLC;
granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-07323DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv08329-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case
1:11-cv-08608-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in
case 1:11-cv-09016-DLC; granting [] Motion for George Farah to Appear Pro Hac
Vice in case 1:11-cv-09014-DLC; granting [] Motion for George Farah to Appear
Pro Hac Vice in case 1:11-cv-09559-DLC; granting [] Motion for George Farah to
Appear Pro Hac Vice in case 1:11-cv-09560-DLC; granting [] Motion for George
Farah to Appear Pro Hac Vice in case 1:11-cv-09561-DLC; granting [] Motion for
George Farah to Appear Pro Hac Vice in case 1:11-cv-09562-DLC; granting []
Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09563-DLC;
granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv-09564DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case 1:11-cv09565-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in case
1:11-cv-09566-DLC; granting [] Motion for George Farah to Appear Pro Hac Vice in
case 1:11-cv-09567-DLC; granting [] Motion for George Farah to Appear Pro Hac
Vice in case 1:12-cv-00476-DLC; granting [] Motion for George Farah to Appear
Pro Hac Vice in case 1:12-cv-02826-DLC; granting [] Motion for George Farah to
Appear Pro Hac Vice in case 1:12-cv-03394-DLC. (Signed by Judge Denise L. Cote
on 7/26/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(cd) (Entered:
07/27/2012)

07/31/2012

83

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File
Responses to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to
Enter Proposed Final Judgment. Document filed by American Booksellers
Association, Inc., Barnes & Noble, Inc. (Attachments: # 1 Affidavit Declaration of

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David N. Wynn with exhibits, # 2 Text of Proposed Order Proposed Order)(Wynn,
David) Modified on 8/1/2012 (db). (Entered: 07/31/2012)
07/31/2012

84

FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF
LAW in Support re: 83 MOTION for Leave to File Responses to DOJ's 7/23/12
Response to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment.
Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc.
(Wynn, David) Modified on 8/1/2012 (db). (Entered: 07/31/2012)

08/01/2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT
DOCKET ENTRY ERROR. Note to Attorney David Neal Wynn to RE-FILE
Document 83 MOTION for Leave to File Responses to DOJ's 7/23/12 Response
to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment.
ERROR(S): Supporting Documents are filed separately, each receiving their
own document #. (db) (Entered: 08/01/2012)

08/01/2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT
DOCKET ENTRY ERROR. Note to Attorney David Neal Wynn to RE-FILE
Document 84 Memorandum of Law in Support of Motion. ERROR(S):
Document linked to filing error. (db) (Entered: 08/01/2012)

08/01/2012

85

MOTION for Leave to File Amici Curiae Responses to DOJ's 7-23-12 Response to
Public Comments and 8-3-12 Motion to Enter Proposed Final Judgment. Document
filed by American Booksellers Association, Inc., Barnes & Noble, Inc..(Wynn,
David) (Entered: 08/01/2012)

08/01/2012

86

DECLARATION of David N. Wynn in Support re: 85 MOTION for Leave to File
Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12
Motion to Enter Proposed Final Judgment.. Document filed by American Booksellers
Association, Inc., Barnes & Noble, Inc.. (Wynn, David) (Entered: 08/01/2012)

08/01/2012

87

MEMORANDUM OF LAW in Support re: 85 MOTION for Leave to File Amici
Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12
Motion to Enter Proposed Final Judgment.. Document filed by American Booksellers
Association, Inc., Barnes & Noble, Inc.. (Wynn, David) (Entered: 08/01/2012)

08/03/2012

88

MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).
Document filed by Unites States of America.(Fleming, Stephanie) (Entered:
08/03/2012)

08/03/2012

89

DECLARATION of Stephanie A. Fleming in Support re: 88 MOTION for Entry of
Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites
States of America. (Attachments: # 1 Exhibit Certificate of Compliance, # 2 Exhibit
Proposed Final Judgment)(Fleming, Stephanie) (Entered: 08/03/2012)

08/03/2012

90

MEMORANDUM OF LAW in Support re: 88 MOTION for Entry of Judgment
under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of
America. (Fleming, Stephanie) (Entered: 08/03/2012)

08/03/2012

91

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by American Booksellers Association, Inc..(Wynn, David) (Entered:
08/03/2012)

08/06/2012

92

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate
Liberty Media Corporation, Other Affiliate Liberty GIC, Inc., for Barnes & Noble,
Inc.. Document filed by Barnes & Noble, Inc..(Wynn, David) (Entered: 08/06/2012)

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08/06/2012

93

MEMORANDUM OPINION & ORDER re: #102195 85 MOTION for Leave to File
Amici Curiae Responses to DOJ's 7-23-12 Response to Public Comments and 8-3-12
Motion to Enter Proposed Final Judgment filed by American Booksellers
Association, Inc., Barnes & Noble, Inc. The August 1, 2012 motion submitted by the
ABA and Barnes & Noble for leave to file amici curiae responses to DoJ's Tunney
Act filings is granted. The submission from the ABA and Barnes & Noble in support
of the August 1 motion will be accepted as amici curiae response to the DoJ's Tunney
Act filings. No additional filings from the ABA and Barnes & Noble shall be
permitted. (Signed by Judge Denise L. Cote on 8/6/2012) (lmb) Modified on
8/15/2012 (jab). (Entered: 08/06/2012)

08/07/2012

94

ORDER: that any corrections or observations by Apple that pertain to the
Government's Response and motion remain limited to five pages. Apple was required
to set forth its analysis of any "substantive deficiencies in the proposed settlement" in
its submission during the public comment period. In reviewing the Government's
motion, the Court will consider Apple's nine page public comment as well as any
submission it makes on August 15. IT IS FURTHER ORDERED that the Court will
inform the parties after the motion is fully submitted whether either oral argument or
a hearing on the motion would be of assistance to the Court. (Signed by Judge Denise
L. Cote on 8/7/2012) Filed In Associated Cases: 1:11-md-02293-DLC et al.(pl)
(Entered: 08/07/2012)

08/13/2012

95

MOTION for Steven Brower to Appear Pro Hac Vice. Filing fee $ 200.00, receipt
number 0208-7724985. Motion and supporting papers to be reviewed by Clerk's
Office staff. Document filed by Bob Kohn. (Attachments: # 1 Exhibit Good Standing
Certificate)(Brower, Steven) (Entered: 08/13/2012)

08/13/2012

96

MOTION to File Amicus Brief. Document filed by Bob Kohn.(Brower, Steven)
Modified on 9/6/2012 (jfe). (Entered: 08/13/2012)

08/13/2012

97

MEMORANDUM OF LAW in Support re: 96 MOTION to File Amicus Brief..
Document filed by Bob Kohn. (Attachments: # 1 Exhibit Proposed Amicus Brief)
(Brower, Steven) (Entered: 08/13/2012)

08/13/2012

08/13/2012

08/13/2012

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC
VICE. Notice regarding Document No. 95 MOTION for Steven Brower to
Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7724985. Motion
and supporting papers to be reviewed by Clerk's Office staff.. The filing is
deficient for the following reason(s): Missing Proposed Order. Re-file the
document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed
Order. (bcu) (Entered: 08/13/2012)
98

AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With Proposed
Order). Motion and supporting papers to be reviewed by Clerk's Office staff.
Document filed by Bob Kohn. (Attachments: # 1 Exhibit, # 2 Text of Proposed
Order)(Brower, Steven) (Entered: 08/13/2012)
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document
No. 98 AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With
Proposed Order). Motion and supporting papers to be reviewed by Clerk's
Office staff.AMENDED MOTION for Steven Brower to Appear Pro Hac Vice
(With Proposed Order). Motion and supporting papers to be reviewed by Clerk's
Office staff.. The document has been reviewed and there are no deficiencies.
(bcu) (Entered: 08/13/2012)

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08/15/2012

99

08/15/2012

100

MOTION to File Amicus Brief and Participate as Amicus Curiae. Document filed
by The Authors Guild, Inc..(Levien, Jan) (Entered: 08/15/2012)

08/15/2012

101

MEMORANDUM OF LAW in Support re: 100 MOTION to File Amicus Brief and
Participate as Amicus Curiae.. Document filed by The Authors Guild, Inc..
(Attachments: # 1 Exhibit Memorandum of [Proposed] Amicus Curiae the Authors
Guild, Inc.)(Levien, Jan) (Entered: 08/15/2012)

08/15/2012

102

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent.
Document filed by The Authors Guild, Inc..(Levien, Jan) (Entered: 08/15/2012)

08/15/2012

103

MEMORANDUM OF LAW in Opposition re: 88 MOTION for Entry of Judgment
under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Penguin Group
(USA), Inc., The Penguin Group. (McInnis, Daniel) (Entered: 08/15/2012)

08/15/2012

104

MEMORANDUM OF LAW in Opposition re: 88 MOTION for Entry of Judgment
under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Holtzbrinck
Publishers, LLC. (Mitnick, Joel) (Entered: 08/15/2012)

08/22/2012

105

REPLY MEMORANDUM OF LAW in Support re: 88 MOTION for Entry of
Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites
States of America. (Fleming, Stephanie) (Entered: 08/22/2012)

08/22/2012

106

DECLARATION of Karry Lu in Support re: 88 MOTION for Entry of Judgment
under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of
America. (Attachments: # 1 Exhibit, # 2 Exhibit)(Fleming, Stephanie) (Entered:
08/22/2012)

08/27/2012

107

MEMO ENDORSEMENT on re: 75 Motion to Withdraw as Attorney. Attorney
David Joseph Carey terminated. ENDORSEMENT: Granted. (Signed by Judge
Denise L. Cote on 8/27/2012) (jfe) (Entered: 08/28/2012)

08/28/2012

108

ORDER granting 96 Motion to File Amicus Brief; granting 100 Motion to File
Amicus Brief. The August 13, 2012 and August 15, 2012 motions by Kohn and the
Authors Guild for leave to file amicus curiae responses to DOJ's Tunney Act filings
are granted. The Authors Guild's proposed response is accepted. Any amicus curiae
response by Kohn must be submitted by September 4, 2012 and must not exceed five
pages in length. (Signed by Judge Denise L. Cote on 8/28/2012) (jfe) Modified on
9/6/2012 (jfe). (Entered: 08/29/2012)

08/28/2012

MEMORANDUM OF LAW in Opposition re: 88 MOTION for Entry of Judgment
under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Apple, Inc.. (Parker,
Richard) (Entered: 08/15/2012)

Set/Reset Deadlines: Responses due by 9/4/2012 (jfe) (Entered: 08/29/2012)

08/28/2012

109

ORDER FOR ADMISSION PRO HAC VICE: granting 98 Motion for Steven
Brower to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 8/28/2012)
(jfe) (Entered: 08/29/2012)

09/04/2012

110

BRIEF re: 108 Order on Motion to File Amicus Brief,,, 5 PAGE VERSION AMICUS
BRIEF of Bob Kohn. Document filed by Bob Kohn.(Brower, Steven) (Entered:
09/04/2012)

09/05/2012

111

SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 88 MOTION
for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed
by Unites States of America. (Buterman, Lawrence) (Entered: 09/05/2012)

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09/05/2012

112

Letter addressed to Judge Denise Cote from Simon Lipskar, President Writers House
dated 8/10/2012 re: As you are likely aware, I sent a fairly extensive comment to the
Department of Justice regarding the proposed settlement in the ebook pricing case.
As the time draws near for you to render your judgment as to whether this settlement
is in the public interest, I felt that it behooved me to write directly to you to express
how profoundly the government had failed to address the objections raised to the
settlement in its response to the Tunney Act comments. I apologize in advance for
weighing down your desk with even more paper related to this highly contentious but critically important- matter. (ama) (Entered: 09/05/2012)

09/05/2012

113

OPINION AND ORDER re: #102322 88 MOTION for Entry of Judgment under
Rule 54(b) and §15 U.S.C. 16(b)-(h), filed by Unites States of America. Plaintiff the
United States of America (the "Government") brings this civil antitrust action against
defendants Apple, Inc. (Apple); Hachette Book Group, Inc. (Hachette);
HarperCollins Publishers L.L.C. (HarperCollins); Verlagsgruppe Georg Von
Holtzbrinck GMBH and Holtzbrinck Publishers, LLC d/b/a MacMillan (collectively,
MacMillan); The Penguin Group, a division of Pearson PLC and Penguin Group
(USA), Inc. (collectively, Penguin); and Simon & Schuster, Inc. (Simon & Schuster).
The Government has moved for entry of a proposed Final Judgment with respect to
defendants Hachette, HarperCollins, and Simon & Schuster (the Settling
Defendants), pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. § 16
(b)-(h) (the APPA or Tunney Act). For the following reasons, the motion for entry of
Final Judgment is granted. The Government's August 3, 2012 motion for entry of the
proposed Final Judgment is granted. (Signed by Judge Denise L. Cote on 9/5/2012)
(ja) Modified on 9/6/2012 (ad). Modified on 9/11/2012 (jab). (Entered: 09/06/2012)

09/05/2012

Transmission to Judgments and Orders Clerk. Transmitted re: 113 Opinion & Order,
to the Judgments and Orders Clerk. (ja) (Entered: 09/06/2012)

09/06/2012

118

ORDER: It is hereby ORDERED that a telephone conference regarding the August
29 motion will be held on September 10, 2012 at 4:00 P.M. IT IS FURTHER
ORDERED that any parties in the above-captioned actions who wish to appear at the
September 10 telephone conference shall contact the offices of plaintiff states' liaison
counsel, Rebecca Fisher, the State of Texas Attorney General's Office, P.O. Box
12548, Austin, TX 78711, 512-463-1265. ( Telephone Conference set for 9/10/2012
at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on
9/6/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC,
1:12-cv-03394-DLC, 1:12-cv-06625-DLC(jfe) (Entered: 09/07/2012)

09/06/2012

119

FINAL JUDGMENT as to Defendants Hachette Book Group, Inc., HarperCollins
Publishers L.L.C., and Simon & Schuster, Inc. settling action as to them. (Signed by
Judge Denise L. Cote on 9/6/12) (Attachments: # 1 NOTICE OF RIGHT TO
APPEAL)(ml) (Entered: 09/07/2012)

09/06/2012

123

ENDORSED LETTER addressed to Judge Denise L. Cote from Daneil Ferrel
McInnis dated 8/15/2012 re: Penguin requests that the Court file the enclosed Exhibit
A under seal. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on
9/6/2012) (jfe) (Entered: 09/12/2012)

09/06/2012

09/07/2012

Transmission to Sealed Records Clerk. Transmitted re: 123 Endorsed Letter, to the
Sealed Records Clerk for the sealing or unsealing of document or case. (jfe)
(Entered: 09/12/2012)
114

MOTION to Intervene for Purposes of Appeal. Document filed by Bob Kohn.
(Attachments: # 1 Text of Proposed Order)(Brower, Steven) (Entered: 09/07/2012)

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09/07/2012

115

MEMORANDUM OF LAW in Support re: 114 MOTION to Intervene for Purposes
of Appeal.. Document filed by Bob Kohn. (Brower, Steven) (Entered: 09/07/2012)

09/07/2012

116

MOTION to Stay re: 113 Memorandum & Opinion,,,, Pending Appeal. Document
filed by Bob Kohn. (Attachments: # 1 Text of Proposed Order)(Brower, Steven)
(Entered: 09/07/2012)

09/07/2012

117

MEMORANDUM OF LAW in Support re: 116 MOTION to Stay re: 113
Memorandum & Opinion,,,, Pending Appeal.. Document filed by Bob Kohn.
(Brower, Steven) (Entered: 09/07/2012)

09/10/2012

120 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/11/2012)

09/10/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Telephone
Conference held on 9/10/2012. (Court Reporter Rebecca Forman) Associated Cases:
1:11-md-02293-DLC et al.(gr) (Entered: 09/11/2012)

09/10/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Telephone
Conference held on 9/10/2012. (Court Reporter Rebecca Forman) (gr) (Entered:
09/11/2012)

09/10/2012

121

ORDER: Set Deadlines/Hearing as to 114 MOTION to Intervene for Purposes of
Appeal. Responses due by 9/17/2012, Replies, if any, due by 9/20/2012 and that at
the time any reply is served, the moving party shall supply two courtesy copies of all
motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street,
New York, New York. The motion to stay is denied. (Signed by Judge Denise L.
Cote on 9/10/2012) (cd) (Entered: 09/11/2012)

09/12/2012

122

Letter addressed to Judge Denise Cote from Bob Kohn dated 9/12/2012 re: Last
evening, I received a copy of your honor's Order dated September 10, 2012,
regarding my motions to intervene for the sole purpose of appeal and to stay the Final
Judgment. I am writing to respectfully request that you promptly take one of the
following actions. Document filed by Bob Kohn.(ama) (Entered: 09/12/2012)

09/14/2012

124

Letter addressed to Judge Denise L. Cote from Mark W. Ryan dated 9/13/2012 re:
Counsel writes to object to Apple's discovery request because it calls for the
production of protected attorney work product. Document filed by Unites States of
America.(ft) (Entered: 09/14/2012)

09/14/2012

125

ENDORSED LETTER addressed to Judge Denise L. Cote from Daniel S. Floyd
dated 9/10/2012 re: Counsel for the defendant requests that the Court schedule a premotion conference. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on
9/14/2012) (ft) (Entered: 09/14/2012)

09/14/2012

126

Letter addressed to Judge Denise L. Cote from Daniel Ferrel Mcinnis dated
9/13/2012 re: Counsel writes to follow up regarding Exhibit A to Penguin's
Observations with Respect to the Government's Response to Public Comments and
Motion For Entry of Final Judgment (DE 103). Document filed by Penguin Group
(USA), Inc., The Penguin Group.(ft) (Entered: 09/14/2012)

09/17/2012

127

MEMORANDUM OF LAW in Opposition re: 114 MOTION to Intervene for
Purposes of Appeal.. Document filed by Unites States of America. (Fairchild,
Stephen) (Entered: 09/17/2012)

09/17/2012

128

MEMORANDUM OF LAW in Opposition re: 114 MOTION to Intervene for
Purposes of Appeal.. Document filed by HarperCollins Publishers L.L.C.. (Goldfein,
Shepard) (Entered: 09/17/2012)

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09/18/2012

129

ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew J. Frackman
dated 9/17/2012 re: Counsel writes in response to Amazon's September 14 letter. We
disagree with Amazon and believe the case authority shows that this Court, where the
MDL is pending, has jurisdiction over discovery disputes. We enclose a courtesy
copy of the notice we have filed in the Western District of Washington that sets forth
the relevant case authority. ENDORSEMENT: This Court shall promptly address the
discovery dispute in the event it is transferred form the Western District of
Washington. (Signed by Judge Denise L. Cote on 9/18/2012) Filed In Associated
Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC (djc) (Entered: 09/18/2012)

09/20/2012

130

FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM
OF LAW in Support re: 114 MOTION to Intervene for Purposes of Appeal..
Document filed by Bob Kohn. (Brower, Steven) Modified on 9/21/2012 (db).
(Entered: 09/20/2012)

09/20/2012

131

Letter addressed to Judge Denise L. Cote from Steve W. Berman dated 9/20/2012 re:
Class Plaintiffs write in response to Penguin's letter of September 19, 2012. Penguin's
request to delay class certification is unwarranted. Penguin made no effort to confer
with Class Plaintiffs or the Litigating States before contacting the Co mi. Had
Penguin done so, it may not have caused the Court to expend resources on this issue.
Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC, 1:12-cv03394-DLC(jfe) (Entered: 09/21/2012)

09/21/2012

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT
DOCKET ENTRY ERROR. Note to Attorney Steven Brower to RE-FILE
Document 130 Reply Memorandum of Law in Support of Motion. ERROR(S):
Rejected for non-conformance with Local Civil Rules 7.1(a)(2) and 11.1(b). (db)
(Entered: 09/21/2012)

09/21/2012

132

AMENDED REPLY MEMORANDUM OF LAW in Support re: 114 MOTION to
Intervene for Purposes of Appeal. (pursuant to clerk's notation requesting refiling to
comply with typeface rules). Document filed by Bob Kohn. (Brower, Steven)
(Entered: 09/21/2012)

09/24/2012

133

INTERNET CITATION NOTE: Material from decision with Internet citation re: 113
Memorandum & Opinion. (sj) (Entered: 09/25/2012)

09/25/2012

134

Letter addressed to Judge Denise L. Cote from Daniel Floyd dated 9/24/2012 re:
Counsel writes to inform the Court that the DOJ's September 21, 2012 letter seeking
an order that Apple not "delay" its document production fails to acknowledge the
listed key facts establishing Apple's diligence. Document filed by Apple, Inc.(ft)
(Entered: 09/25/2012)

09/25/2012

135

ENDORSED LETTER addressed to Judge Denise L. Cote from Mark W. Ryan dated
9/21/2012 re: Counsel requests that the Court order Apple to begin document
production immediately and complete production by no later than October 19, 2012.
ENDORSEMENT: The parties shall discuss any remaining objections that Apple has
to the requested document production and the date by which Apple's document
production shall be substantially complete. If any disputes remain unresolved after
these discussions, a telephone conference will be held on October 4 at 10:00 am.
(Telephone Conference set for 10/4/2012 at 10:00 AM before Judge Denise L. Cote.)
(Signed by Judge Denise L. Cote on 9/25/2012) (ft) (Entered: 09/25/2012)

10/02/2012

136

MEMORANDUM OPINION AND ORDER # 102454: Bob Kohn's September 7,
2012 motion to intervene is denied. (Signed by Judge Denise L. Cote on 10/2/2012)

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(js) Modified on 10/5/2012 (ft). (Entered: 10/02/2012)
10/02/2012

137

NOTICE OF APPEAL from 136 Memorandum & Opinion. Document filed by Bob
Kohn. Form C and Form D are due within 14 days to the Court of Appeals, Second
Circuit. (Attachments: # 1 Exhibit Order Denying Bob Kohn's Motion to Intervene)
(Brower, Steven) (Entered: 10/02/2012)

10/03/2012

Appeal Fee Due: for 137 Notice of Appeal. Appeal fee due by 10/17/2012. (tp)
(Entered: 10/03/2012)

10/03/2012

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court
of Appeals re: 137 Notice of Appeal. (tp) (Entered: 10/03/2012)

10/03/2012

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal
Electronic Files for 45 Order on Motion to Appear Pro Hac Vice, 115 Memorandum
of Law in Support of Motion filed by Bob Kohn, 107 Order on Motion to Withdraw
as Attorney, 55 Notice of Appearance filed by Unites States of America, 95
MOTION for Steven Brower to Appear Pro Hac Vice. Filing fee $ 200.00, receipt
number 0208-7724985. Motion and suppor ting paper s to be r eviewed by Cler k's
Office staff. filed by Bob Kohn, 118 Order, Set Hearings, 125 Endorsed Letter, 67
Letter, 96 MOTION to File Amicus Brief. filed by Bob Kohn, 43 Protective Order,
24 Notice of Appearance filed by Hachette Book Group, Inc., 129 Endorsed Letter, 4
Notice (Other), Notice (Other) filed by Unites States of America, 116 MOTION to
Stay re: 113 Memorandum & Opinion, Pending Appeal filed by Bob Kohn, 51
Notice of Appearance filed by Holtzbrinck Publishers, LLC, 119 Judgment, 70
Letter, filed by Unites States of America, 97 Memorandum of Law in Support of
Motion filed by Bob Kohn, 85 MOTION for Leave to File Amici Curiae Responses
to DOJ's 7-23-12 Response to Public Comments and 8-3-12 Motion to Enter
Proposed Final Judgment filed by American Booksellers Association, Inc., Barnes &
Noble, Inc., 76 Status Report filed by Unites States of America, 13 Notice of
Appearance filed by HarperCollins Publishers L.L.C., 113 Memorandum & Opinion,
25 Rule 7.1 Corporate Disclosure Statement, filed by Hachette Book Group, Inc., 12
Notice of Appearance filed by HarperCollins Publishers L.L.C., 29 Notice of
Appearance filed by Apple, Inc., 15 Rule 7.1 Corporate Disclosure Statement filed
by HarperCollins Publishers L.L.C., 106 Declaration in Support of Motion filed by
Unites States of America, 20 Notice of Appearance filed by Simon & Schuster, Inc.,
19 Notice (Other), Notice (Other) filed by Simon & Schuster, Inc., 10 Rule 7.1
Corporate Disclosure Statement filed by Verlagsgruppe Georg Von Holtzbrinck
GMBH, Holtzbrinck Publishers, LLC, 132 Reply Memorandum of Law in Support of
Motion filed by Bob Kohn, 62 Notice of Appearance filed by Unites States of
America, 40 Order on Motion to Appear Pro Hac Vice, 82 Order on Motion to
Appear Pro Hac Vice, 123 Endorsed Letter, 121 Order, Set Motion and R&R
Deadlines/Hearings, 8 Letter, filed by Unites States of America, 42 MOTION for
Daniel S. Floyd, Daniel G. Swanson & Jagannathan P. Srinivasan to Appear Pro Hac
Vice filed by Apple, Inc., 102 Rule 7.1 Corporate Disclosure Statement filed by The
Authors Guild, Inc., 28 Order, 54 Answer to Complaint filed by Apple, Inc., 88
MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h) filed by
Unites States of America, 134 Letter, filed by Apple, Inc., 2 Order Designating Case
Complex Civil Case, 60 Endorsed Letter, 58 Answer to Complaint filed by
Verlagsgruppe Georg Von Holtzbrinck GMBH, 35 Notice of Appearance filed by
Apple, Inc., 124 Letter, filed by Unites States of America, 56 Rule 7.1 Corporate
Disclosure Statement filed by Penguin Group (USA), Inc., The Penguin Group, 3
Notice (Other) filed by Unites States of America, 127 Memorandum of Law in
Opposition to Motion filed by Unites States of America, 7 Order, Set

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Deadlines/Hearings, 101 Memorandum of Law in Support of Motion, filed by The
Authors Guild, Inc., 30 Rule 7.1 Corporate Disclosure Statement filed by Holtzbrinck
Publishers, LLC, 105 Reply Memorandum of Law in Support of Motion filed by
Unites States of America, 21 Notice of Appearance filed by Simon & Schuster, Inc.,
84 Memorandum of Law in Support of Motion, filed by American Booksellers
Association, Inc., Barnes & Noble, Inc., 41 Notice of Change of Address filed by
Apple, Inc., 89 Declaration in Support of Motion, filed by Unites States of America,
39 MOTION for Richard Parker to Appear Pro Hac Vice. filed by Apple, Inc., 103
Memorandum of Law in Opposition to Motion filed by Penguin Group (USA), Inc.,
The Penguin Group, 87 Memorandum of Law in Support of Motion, filed by
American Booksellers Association, Inc., Barnes & Noble, Inc., 126 Letter, filed by
Penguin Group (USA), Inc., The Penguin Group, 37 Letter, filed by Shilpa Grover,
11 Notice of Appearance filed by Verlagsgruppe Georg Von Holtzbrinck GMBH,
Holtzbrinck Publishers, LLC, 81 Response filed by Unites States of America, 128
Memorandum of Law in Opposition to Motion filed by HarperCollins Publishers
L.L.C., 22 Notice of Appearance filed by Simon & Schuster, Inc., 72 Order, 50
Notice of Appearance filed by Holtzbrinck Publishers, LLC, 47 Notice of
Appearance filed by Penguin Group (USA), Inc., The Penguin Group, 38 Order
Staying Case, 75 MOTION for DAVID J. CAREY to Withdraw as Attorney and
[Proposed] Order filed by Verlagsgruppe Georg Von Holtzbrinck GMBH,
Holtzbrinck Publishers, LLC, 9 Notice of Appearance filed by Verlagsgruppe Georg
Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 110 Brief filed by Bob
Kohn, 64 Status Report filed by Unites States of America, 57 Answer to Complaint
filed by Penguin Group (USA), Inc., The Penguin Group, 99 Memorandum of Law in
Opposition to Motion filed by Apple, Inc., 83 MOTION for Leave to File Responses
to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to Enter
Proposed Final Judgment filed by American Booksellers Association, Inc., Barnes &
Noble, Inc., 79 Notice of Filing Transcript, 27 Case Management Plan, 90
Memorandum of Law in Support of Motion filed by Unites States of America, 49
Notice of Change of Address filed by Unites States of America, 80 Letter filed by
Unites States of America, 44 Notice of Appearance filed by The State of Texas, 68
Letter, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck
Publishers, LLC, 61 Notice (Other), Notice (Other), Notice (Other) filed by Unites
States of America, 111 Reply Memorandum of Law in Support of Motion filed by
Unites States of America, 46 Notice of Appearance filed by Penguin Group (USA),
Inc., The Penguin Group, 53 Notice of Appearance filed by Apple, Inc., 122 Letter,
filed by Bob Kohn, 94 Order, 130 Reply Memorandum of Law in Support of Motion
filed by Bob Kohn, 5 Notice (Other) filed by Unites States of America, 112 Letter,
77 Order, 86 Declaration in Support of Motion, filed by American Booksellers
Association, Inc., Barnes & Noble, Inc., 100 MOTION to File Amicus Brief and
Participate as Amicus Curiae filed by The Authors Guild, Inc., 14 Notice of
Appearance filed by HarperCollins Publishers L.L.C., 32 Rule 7.1 Corporate
Disclosure Statement filed by Apple, Inc., 33 Letter, 117 Memorandum of Law in
Support of Motion filed by Bob Kohn, 109 Order on Motion to Appear Pro Hac Vice,
31 Rule 7.1 Corporate Disclosure Statement filed by Verlagsgruppe Georg Von
Holtzbrinck GMBH, 52 Notice of Appearance filed by Apple, Inc., 26 Notice (Other)
filed by Hachette Book Group, Inc., 93 Memorandum & Opinion, 131 Letter, 69
Letter, 71 Scheduling Order, 137 Notice of Appeal, filed by Bob Kohn, 78
Transcript, 65 Order on Motion to Appear Pro Hac Vice, 1 Complaint, filed by
Unites States of America, 66 Letter, filed by Apple, Inc., 104 Memorandum of Law
in Opposition to Motion filed by Holtzbrinck Publishers, LLC, 18 Notice of
Appearance filed by Simon & Schuster, Inc., 16 Notice (Other) filed by
HarperCollins Publishers L.L.C., 92 Rule 7.1 Corporate Disclosure Statement filed

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by Barnes & Noble, Inc., 136 Memorandum & Opinion, 74 Letter, filed by The State
of Texas, 98 AMENDED MOTION for Steven Brower to Appear Pro Hac Vice
(With Proposed Order), Motion and suppor ting paper s to be r eviewed by Cler k's
Office staff.AMENDED MOTION for Steven Brower to Appear Pro Hac Vice (With
Proposed Order), Motion and suppor ting paper s to be r eviewed by Cler k's
Office staff. filed by Bob Kohn, 23 Notice of Appearance filed by Hachette Book
Group, Inc., 133 Internet Citation, 91 Rule 7.1 Corporate Disclosure Statement filed
by American Booksellers Association, Inc., 36 Letter, filed by HarperCollins
Publishers L.L.C., 6 Notice of Case Assignment/Reassignment, 59 Answer to
Complaint filed by Holtzbrinck Publishers, LLC, 108 Order on Motion to File
Amicus Brief, 48 Notice of Appearance filed by Unites States of America, 135
Endorsed Letter, Set Hearings, 114 MOTION to Intervene for Purposes of Appeal
filed by Bob Kohn, 34 Notice of Appearance filed by Apple, Inc. were transmitted to
the U.S. Court of Appeals. (tp) (Entered: 10/03/2012)
10/09/2012

Minute Entry for proceedings held before Judge Denise L. Cote: Telephone
Conference held on 10/9/2012. (Court Reporter Ann Hairston) Associated Cases:
1:11-md-02293-DLC et al.(gr) (Entered: 10/10/2012)

10/12/2012

138

TRANSCRIPT of Proceedings re: CONFERNCE held on 9/10/2012 before Judge
Denise L. Cote. Court Reporter/Transcriber: Rebecca Forman, [phone].
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript Restriction. After
that date it may be obtained through PACER. Redaction Request due 11/5/2012.
Redacted Transcript Deadline set for 11/16/2012. Release of Transcript Restriction
set for 1/14/2013.Filed In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk,
Kelly) (Entered: 10/12/2012)

10/12/2012

139

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an
official transcript of a CONFERENCE proceeding held on 9/10/12 has been filed by
the court reporter/transcriber in the above-captioned matter. The parties have seven
(7) calendar days to file with the court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript may be made remotely
electronically available to the public without redaction after 90 calendar days...Filed
In Associated Cases: 1:11-md-02293-DLC et al.(McGuirk, Kelly) (Entered:
10/12/2012)

PACER Ser vice Center
Tr ansaction Receipt
10/16/2012 00:41:43
PACER Login: bn0278
Client Code:
Descr iption:

Docket Report Sear ch Cr iter ia: 1:12-cv-02826-DLC

Billable Pages: 20

Cost:

2.00

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