Paul et al v. Miller et al

Filing 8

MOTION by Plaintiff James A Bellanca for preliminary injunction and TRO (Attachments: # 1 Exhibit)(Kendall, Curtis)

PI Ex. 1-- Affidavit of Arline Paul

IN THE UNITED STATES DISTRIC COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

)

Arline Paul, James A. Bellanca, and
Mark Paul, individuals,)
Plaintiffs,

)
)Hon.

Matthew F. Kennelly

)Hon.

V.)

Arlander Keys, Magistrate Judge

Eric L. Miller, an individual, and Wicker)
Park Press, Ltd.,)
Defendants.)

AFFIDAVIT OF ARL1NE PAUL
Arline Paul, one of the plaintiffs in this action, deposes and states as follows:
1) My name is Arline Paul. I am one of the plaintiffs in this lawsuit. I am an Illinois
resident and I am over eighteen years of age. I have personal knowledge of the
facts described in my affidavit or, where indicated, a good faith belief concerning
certain facts. If called, I am able to testify in court as to the facts described in this
affidavit as well as to other facts that may be pertinent;
2) In 2009, I along with my fellow editors, James A. Bellanca and Mark Paul, and a
group of former students of the Center for Self-Directed Learning conceived the
idea of creating a book about the Center, which existed at New Trier High School
in Winnetka, Illinois between 1972 and 1983;
3) From the very beginning of the project, Jim Bellanca, my son Mark, who has
extensive writing, editing, and marketing experience, and I have been involved on
a purely voluntary basis in creating and compiling materials for a unique book
about the Center "school-within-a-school" that both Jim Bellanca and I helped to
establish and direct as faculty members;
4) Our voluntary work on the book progressed while Jim Bellanca and my son ran
other businesses or otherwise held-down jobs. I am 90 years old, and for the past
several years have been providing home care for my husband Stanley, who suffers
severe dementia as the result of advanced Alzheimer's Disease.

PLAINTIFF'S

EXHIBITI

Affidavit of Arline Paul in Support of Plaintiffs'
Motion for a TRO and Preliminary Injunction
5) I joined the New Trier faculty in 1965 as a history teacher. Jim Bellanca, my
fellow faculty colleague at the time and presently my fellow editor, spearheaded
the effort to establish the Center beginning in about 1970 and I assisted in that
effort. When Jim retired from teaching I took over as Center Coordinator until
the program closed in 1983. I retired from teaching in 1988;
6) There were between 75-150 students in the Center most years and the diversity,
depth, and breadth of their individual educational experiences is truly remarkable
as demonstrated by the memoirs that former students have voluntarily
submitted at the invitation of Jim and me for inclusion in what we refer to as "the
Center Book" and which is titled, Becoming Self-DirectedLearners: Student &
Faculty Memoirs of an Experimenting High School 40 Years Later;
7) There were no formal requirements for admission to the Center other than
parental permission. Our alums can be found in all walks of life, and memoir
contributors include U.S. Senator Mark Kirk, academy award nominee Virginia
Madsen, and well-known musical conductor David Abell;
8) When we had collected most of the materials for the Center Book, my co-editors
and I learned that a Center alumnus, Defendant Eric Miller, had a small
publishing business in the Chicago area, namely, Defendant Wicker Park Press,
Ltd. We contacted Mr. Miller in the spring of 2012 to talk about publishing the
Center Book. On information and belief, for the entire time we were involved
with Mr. Miller, his publishing company consisted solely of him;
9) In November 2012 Jim Bellanca, Mark Paul, and I signed a publishing contract
with the Defendants;
10) Over the course of several months it became clear to us that Eric Miller did not
possess the requisite competence or resources needed to successfully publish the
Center Book. My fellow editors and I determined that it would be best for the
project if we ended our business relationship with Defendants and either found
another publisher or published the Center Book ourselves;
11) In late April we gave notice to Mr. Miller that we were terminating the contract
and asked him to account for his costs and expenses and to remove references to
the Center Book and to me, Jim Bellanca, and Mark Paul from his website;
12) We received a bill for Eric Miller's time supposedly spent working on the Center
Book project, which was for an amount and for work we do not agree with;
13) Further, it is my belief that the insubstantial amount of actual work that was
performed on the manuscript after we furnished it to Miller up to the time we
terminated the contract was actually performed by either Linda Glass, a former
Center Student who volunteered at my request to perform some initial
proofreading, or by an unpaid college intern who, with the our assistance,

13 CV 7746

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13 CV7746Page

Affidavit of Arline Paul in Support of Plaintiffs'
Motion for a TRO and Preliminary Injunction
arranged the 35 or so memoirs by the writers' years of graduation, and then
alphabetically within those year of graduation groups;
14) Basically, with respect to the manuscript, whatever we had given Defendants was
substantially what existed on the day we terminated our contract with him. Eric
Miller did not contribute any creative content to the Center Book in his role as
publisher, lHe did ask us to let him submit a memoir, which his invoice attempts
to charge for, but it is not included in the Center Book. In no sense of the word
did he "create" the Center Book manuscript, which is a collection of contributions
from the Center's friends and former students;
15) Despite our direction that he change his website, Miller has continued to list,
picture, and offer a version of the Center Book on his website from the time the
publishing contract was terminated to the day I signed this Affidavit. At least as
recently as October 29, 2013, I saw on his website that he was offering an
outdated counterfeit of the Center Book with a different cover and under a former
working title for the real book, namely, On Becoming a Self-Directed Learner:
Memoirs of an ExperimentingHigh School, which is similar to the title of the
actual Center Book. lie offered the book for approximately $22 and represented
that it was, "in stock";
16) Miller also stated on the Center for Self-Directed Alumni Face Book page that
Defendants own "all of the rights" to the Center Book on the Center for SelfDirected Learning Alumni Facebook page;
17) It appears that Defendants changed their website after we filed our copyright
infringement lawsuit. It now says that the book has been "POSTPONED," which
is going to hinder the launch of the Center Book at the 28th International SelfDirected Learning Symposium taking place in early February. Visitors to the site
will be confused by the information provided there, and I have recently confirmed
that web searches using relevant terms such as Center for Self-Directed Learning
lead to Defendants' website;
18) Except for withdrawing the book for sale and stating instead that it is
"POSTPONED," Miller's website still uses the names of my fellow editors and
me to promote the objectionable book, the cover of which bears our names. The
site still lists us as Wicker Park Press "editors" with some biographical
information. This false statement is not even made in association with our book
or, more accurately, the book Miller is offering in its place;
19) It is truly unfortunate that this is all occurring on the eve of our introduction of
the Center Book to what should be a highly receptive audience, namely, the
educators who attend the 28th International Self-Directed Learning Symposium,
which is taking place during the first week of February. The Symposium is truly
international with academic presenters from France, Malaysia, Canada, Colombia,
and Japan. The topics deal with theories and research about self-directed learning

13 CV 7746

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13 CV7746Page

Affidavit of Arline Paul in Support of Plaintiffs'
Motion for a TRO and Preliminary Injunction
for all age groups from kindergarten to graduate students as well as businessmen,
volunteers, government partners, and the Department of Homeland Security.
20) Jim Bellanca is receiving an important award at the Symposium, and I have been
asked to be part of a panel that will discuss practical strategies for bringing selfdirected learning approaches into the educational mix;
2 1) When we launch our book at the Symposium we can expect coverage in the
media that attends, which will no doubt be specialized and directed to the very
people we are trying to reach. Contrived controversy over copyright ownership or
over who exactly it the source for the book will greatly impede our efforts to
obtain the kind of coverage we need to get the widest readership for the Center
Book;
22) This would be most unfortunate because the Center Book is an important
contribution to the current dialogue taking place about the direction of education;
23) While there is broad agreement that public schools are in need of reform, there is
no consensus on what form those changes should take. Some would move schools
toward a "corporate" model, privatizing the schools and focusing teaching toward
standardized tests which would measure both student and teacher performance,
much as the performance of corporate managers is measured against stock price
and return on investment;
24) Although this model may be effective for some students, one size does not fit all,
and Becoming Self-Directed Learnerspresents an alternative that was in place 40
years ago. There are shelves of books on the general subject of high school reform
and quite a few on self-directed learning, but experts in the literature who
reviewed the book in advance have confirmed that Becoming Self-Directed
Learners is the only in-depth and long-term report written by the students who
actually reformed their high school experience, and from a middle-aged
perspective when they can clearly see the arcs of their careers and lives;
25) In advance of publication, eight education experts reviewed the manuscript of
Becoming Self-Directed Learners, including Dr. Tim Dobrer, director of the
Master of Science in Education program at Northwestern University, and Dr.
Arthur L. Costa, past president of the Association for Supervision and Curriculum.
Development, who said, "The stories renew our faith in the human drive for selffulfillment." All eight reviews appear at the front of the book;
26) The primary goal of Jim, Mark, and me is to get the Center Book as widely
circulated and widely read as we can. All proceeds from the book after breakeven will go to a scholarship fund. We have priced the book for about half of
13 CV 7746

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13 CV7746Page

Affidavit of Arline Paul in Support of Plaintiffs'
Motion for a TRO and Preliminary Injunction
what appeared on Miller's website until just recently. The real Center Book is
anything but "POSTPONED" at this point, and we do not want to lose any sales
because people are misled into believing it is, or because people are led to
mistakenly believe there is a serious issue over who holds the copyright to our
work.

Affiant says nothing further
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge,

a/7

Date

13 CV 7746

d

__

_

_

_

_

Arline Paul

5 of
13 7746Page 5

PI Ex. 2-- Plaintiffs' July 12, 2013 Application to Register Copyrights in,
Becoming Self-Directed Learners: Student & Faculty Memoirs of an
Experimenting High School 40 Years Later, and related documents

*

-APPLICATION- *

Title
Title of Work: BECOMING SELF-DIRECTED LEARNERS

Cornpletion/ PublicationYear of Completion:

Author
E

Author: Arline Paul
Author Created:

text, compilation, editing

Work made for hire: No
Citizen of:- United States
Year Born:
*Author:
Author Created:

1924
James A. Bellanca
text, compilation, editing

Work made for hire: No
Citizen of: United States
Year Born:
*Author:
Author Created:
Work made for hire:

1937
Mark Paul
compilation, editing
No

Citizen of: United States
Year Born:

1949

Copyright claimantCopyright Claimant:

Arline Paul
940 Ridgewood Drive, Highland Park, IL, 60035, United States

Copyright Claimant: James A. Bellanca
310 Kevstone Ct.. Glencoe, IL, 6022, United States

PLAINTIFF'S
b

EXHIBITPae1o2

Page I of 2

Copyright Claimant:

Mark Paul
940 Ridgewood Drive, Highland Park, IL, 60035, United States

Rights and Permissions
Name:

C. Michael Kendall

Email:

[e-mail]

Address:

Telephone:

847-987-2597

662 Green Briar Lane
Lake Forest, IL 60045 United States

Alt. Telephone: [phone]

Certification
Name:
Date:

C. Michael Kendall
July 12, 2013

Page 2 of 2

Registration #:
Service Request #: 1-963 158611
Priority: Routine

Application Date: July 12, 2013 05:38:57 PM

Correspondent
Name: C. Michael Kendall
Email: [e-mail]
Address: 662 Green Briar Lane
Lake Forest, IL 60045 United States

Mail Certificate
C. Michael Kendall
662 Green Briar Lane
Lake Forest, IL 60045 United States

Telephone: [phone]
Alt. Telephone: [phone]

Case: 1:13-cv-07746 Document #: 1-1 Filed: 10/29/13 Page 5 of 49 PagelD #:30
Gmail - Acknowledgement of Uploaded Deposit
Page I of I

G
t~

~

Michael Kendall< [e-mail]>

Acknowledgement of Uploaded Deposit
2 messages

Copyright Office< cop-rc@loc gov>
To: [e-mail]

Fri, Jul 12, 2013 at 4:06 PM

THIS IS AN AUTOMATED EMAIL. PLEASE DO NOT REPLY.
Thank you for submitting your registration claim using the Electronic
Copyright Office (ECO) System.
The following files were successfully uploaded for service request 1-963158611
File Name :Becoming Self Directed Learners. pdf
File Size :3467 KB
Date/Time :7112/2013 5:02:33 PM

[THREAD ID: 1-FXIKQRI
United States Copyright Office
Knal<----I55@galco>Te
-ihe
TMichael Kendall cmkendal5555gmail.cm>

Sp3

21

t.:0P

- Forwarded message
From: Copyright Office <[e-mail]>
Date: Fri, Jul 12, 2013 at 4:06 PM
Subject Acknowledgement of Uploaded Deposit
To: [e-mail]

THIS IS AN AUTOMATED EMAIL. PLEASE DO NOT REPLY.
Thank you for submitting your registration claim using the Electronic Copyright
Office (ECO) System.
The following files were successfully uploaded for service request 1-963158611
File Name :Becoming Self Directed Learners.pdf
File Size :3467 KB
Date/Time :7/12/2013 5:02:33 PM

[THREAD ID: 1-FXIKQRJ
United States Copyright Office

htti~s://mail jzooizle.com/mail/?ui=2&ik=5dda0 16 2 0 3 &view--nt&o=office&searchniit-r

I10/?21/0011'

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Document #: 1-1 Filed: 10/29/13 Page 6 of 49 PagelD %1 I of 1

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.~

~iIMichael

Kendall< cmkendalI55655gmail.com>

RE: Status
1 message

Copyright Information <[e-mail]>
ro: "cmkendall5555@gmail corn" <cmkendall5555@gmail corn>
Cc: Copyright Information <copyinfo~loc.gov>

Wed, Sep 4, 2013 at 12:26 PM

Good Morning,
Our records show that your work was received through eCO on 7/12/2013
and
internal database under our file number SR 1-963158611. Please refer to this has been entered into our
number in all future
correspondence with our office concerning this claim.

Your work iscurrently in process.
It takes about 2.5-4 months for the registration process to be completed using the
online registration
system. The status will change to closed. You will receive a certificate of registration
registration however is effective from the date of receipt of your material and you canafter this period. The
publish your work or
do whatever you wish with it from that time. See http://www.copyright.gov/circs/curc1.pdf.
For current processing times, see htp/wwcprgtgvhl/fqfqwa~tn~etfct
-- Original MessageFrom: [e-mail] [mailto:cmkenda115s55gmaii.com]

Sent: Tuesday, September 03, 2013 9:17 PM
To: Copyright Information

Subject: Status

[Name):
Michael Kendall
[Title of Work):
Becoming Self--Directed Learners
[Claimant]:
James Bellanca et al.
[Application Date]:

July 2013

[Confirmation]:
Yes

[Comments]:
I was told to use # 1-963158611. We need the certificate in connection with a lawsuit.
Submitted at 21:17 on 9/3/13.

-

11 ..

PI Ex. 3-Affidavit of James A. Bellanca

IN THE UNITED STATES DISTRIC COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

)

Arline Paul, James A. Bellanca, and
Mark Paul, individuals,)

)

Plaintiffs,

)13-cv-7746
)Hon.
)Hon.

V.)

Matthew F. Kennelly
Arlander Keys, Magistrate Judge

Eric L. Miller, an individual, and Wicker)
Park Press, Ltd.,)
Defendants.)

AFFIDAVIT OF JAMES A. BELLANCA
James A. Bellanca, one of the plaintiffs in this action, deposes and states as follows:
1) My name is James A. Bellanca. I am one of the plaintiffs in this lawsuit. I am an
Illinois resident and I am over eighteen years of age. I have personal knowledge
of the facts described in my affidavit or, where indicated, a good faith belief
concerning certain facts. If called, I amr able to testify in court as to the facts
described in this affidavit as well as to other facts that may be pertinent;
2) I began teaching in the fall of 1960. In 1966, I was invited to join the New Trier
English Faculty;
3) In 1969, I was asked to form an alternative learning program at New Trier for low
achieving students. I designed the program, which was called Tutorial Assisted
Instruction, and then led it until I was asked to lead the design for an innovative
alternative learning program open to all students. The program, the Center for
Self-Directed Learning, opened fall semester 1972;
4) Working collaboratively with parents, students, faculty and administrators during
the second semester of the year prior to the Center's opening, I proposed the
Center program to the Board of Education, which approved it;
5) The Center's philosophy, built on the learning theories of Carl Rogers, focused on
developing students' capabilitiesas self-directed learners,able to manage their
own learning and make choices about what and how they learned The program

IPLAINTIFF'S
_

EXHIBIT

1

Affidavit of James A.Bellanca in Support
of Motion or TRO and Preliminary Injunction
was open to any sophomore, junior or senior student with his/her parents'
permission;
6) For the first year of the Center there were 150 students, 25 more than originally
anticipated. Over the next decade, the faculty and students collaborated to learn
the art and science of self-directed learning, to establish protocols and procedures,
and to ready students for the next steps in their educations;
7) In 1978, I was invited by the Executive Director of the Northwest Educational
Cooperative (9 northwest suburban school districts) to design and head Illinois'
first Intermediate Service Center (ISC). My task was to assist districts in creating
new models of professional development for teachers. Until national funding
priorities changed in 1982, 1 directed the ISC consultant team who brought new
emerging best practices for instruction to school districts in the Chicago suburban
school districts (4 County Area--Cook, Lake, McHenry, DuPage);
8) To assist in this, I initiated an in-house publishing taskforce to create print "howto" materials to support the training programs that were sometimes sponsored by
universities in the area. Such materials were virtually non-existent at the time;
9) When national funding priorities changed in 1982 and the ISC was dissolved, I
formed a for-profit educational consulting company and publishing house,
SkyLight Press, to carry on similar work with direct fees for service replacing
federal funds;
10) In this capacity, I expanded the publishing role and became an author and editor
who most often collaborated with budding talent, whom I correctly spotted 9
times out of 10. I mentored those who blossomed. Several eventually became
national consultants, and most of them stayed loyal authors to SkyLight. As they
prospered so did SkyLight Press, which I sold to Pearson Education's Allyn and
Bacon in 1997, after which I retired;
11) During the time I owned SkyLight Press, we expanded to three divisions:
educational publishing, professional development of teachers, and Graduate
School Partnerships, with three universities offering SkyLight courses. The
business model connected the three divisions by allowing SkyLight Press to sell
its special "how to" publications through the other two divisions as well as via
catalog and eventually on-line market;
12) When I started the publishing division, there were two how-to books for teachers
on the market. I pioneered working collaborations between the major "expert"
researchers in education and our consultant teamr. We benefitted from their
name recognition and they benefitted by having high quality "how to" advice
about how to implement their theories;
13) This led to the establishment of an international network of major voices in

13 CV 7746Pae2o5

Page 2 of 5

Affidavit of James A. Bellanca in Support
of Motion or TRO and Preliminary Injunction

education associated with SkyLight, which Pearson noted as its primary reason
for buying the company and expanding its own world-wide educational offerings;
14) Since retiring from publishing, I have started a second life as an author and a
publisher's advisor. Over my career, I have been involved in dozens if not
hundreds of contracts, including publishing contracts that were oral as well as the
vast majority that were written;
15) In all my years as a publisher and author, only two efforts fell apart. In both
cases, the working relationship unraveled when it became apparent that the party
with whom my company or I were working had misrepresented himself and his
capabilities to produce a mutually satisfactory product. The terminated
relationship with Eric Miller and the Wicker Park Press was one of these
two instances;
16) Currently, I am a non-paid senior advisor to the Partnership for 21 st Century
skills, which works with the National Governors Association to advocate for
including innovative ways to teach the "2 1st Century Skills"(e.g., critical
thinking, creative problem solving, communication, technology, collaboration
and self-directed learning) in state curricula. The 21 st Century Board
includes members drawn from major corporations such as Pearson Education,
Lego, Intel, and Disney. I am also a senior editorial advisor to the President of
Solution Tree Press, in which capacity my responsibilities include identifying
potential authors, help these authors frame their ideas and reach agreement with
them concerning publication of their work by Solution Tree, which uses a
standard contract that can be adjusted to accommodate an author's reasonable
requests;
17) In November 2012, my fellow editors and I signed a publishing contract
with Eric Miller and the Wicker Park Press. He presented the contract to us, and
it referred to us collectively as "author." The contract involved the book that my
fellow editors and I created from the reflections of the contributing Center
graduates (some with higher writing skills required minimal content and copy
edits, which we performed; others, including several PhDs, needed much more
assistance to reach an acceptable publishing standard).This collection, which
included approximately 50 contributions before Eric Miller did any "work" on it
is now known by the title Becoming Self-Directed Learners: Student & Faculty
Memoirs of an Experimenting High School 40 Years Later;
18) We chose Eric Miller to publish our book because he was a Center grad and we
hoped to mentor Eric's growth and help him to advance towards his goals with
his one-man publishing business. We firmly believed it would be a positive thing
to have a Center grad publish the Book just as we had invited and received
Center grads' voluntary assistance with other aspects of the Book's
publication. We really wanted things to work out. We terminated the contract
when it became very clear for many reasons that it would not;

13 CV 7746Pae3o5

Page 3 of 5

Affidavit of James A.Bellanca in Support
of Motion or TRO and Preliminary injunction
19) The contract presented by Miller contained language reflecting standard practice
in the industry about the publisher's prerogative to register copyright in the
author's name and to prosecute infringement in the "author's" name;
20) As an experienced publisher, author, co-author and editor of more than
two-dozen books including two internationally recognized collections by
contributing authors, I have never known of an instance in which a publisher
claimed that such language constituted a copyright assignment to any degree and
I do not believe that a responsible, ethical publisher would do so;
21) Turning to the threat of serious, immediate harmn posed by Miller's claims of
copyright ownership, his continuing copyright infringement, his accusations
of copyright infringement against my fellow editors and me and against our
book, as well as the false statements on his website and FaceBook page that he is
the source for the Center Book, I believe that if Miller is not stopped soon the
chances that our book will succeed to the extent it otherwise might are slim to
none. In fact I believe that the prospects for the Book may well be virtually
destroyed;
22) One of the key points that determines a book's sales success is the marketing
work done to prepare for the first sales. In my experience in the education
market with more than a dozen major education publishers, the first three
months after the release are the most important. That is when reviews are
written, bookstores and other vendors make their release announcements and
buyers are interested in "what's new?" There needs to be a clean launch. Like
the movie industry, the first reception is the most important for establishing
reputation. If this is tainted by any negative news, (e.g., conflicting title for the
same or similar book, cloned book, internal disputes and distractions, etc.) it
weakens the all important initial buzz for the book. Inevitably, once the book
slides it will never recover, no matter how good it is. The same principles that
apply to marketing of other major products such as was shown in the Tylenol
case apply here. Negative buzz compounds.
23) Copyright infringement charges in the field of education are especially
damaging because of educators' immediate and finely attuned concerns about
plagiarism and academic integrity. Vendors will pick up on these concerns,
knowing that educators are especially shy about buying books where the
integrity of the content, the research or any other part is in question.
24) When an author is forced to defend his/her book against such charges, especially
right from the beginning, the main effect is to slow or stop sales as the word
spreads. When there is a false claim of infringement or other monkey
shines, such claims hit at the author's integrity and begin to affect sales of other
works and future opportunities to publish;

13 CV 7746

Page 4 of 5

Affidavit of James A. Bellanca in Support
of Motion or TRO and Preliminary Injunction

25) As a publisher and an editor, I can speak first hand of book sales that never
recovered after the launch or early aftermath was tainted by charges against the
author's integrity, which is what a charge of copyright infringement is or is seen
to be. In the face of such charges I, along with other publishers, editors, vendors
ask themselves, "Do I want to risk exposing myself to liability, and risk the good
name of my company, and our reputation by carrying this book?" Even if the
accusations are totally false, by the time the dust settles and there has been a final
determination it is far too late to overcome the harm;
26) By attempting to raise these doubts, Eric Miller not only threatens to wreak havoc
with our book, but with our professional reputations as well, just as we are about
to launch the Book and enter into the most important time for its ultimate success;
27) Arline Paul and I will formally launch Becoming Self-Directed Learners:
Student & Faculty Memoirs of an Experimenting High School 40 Years Later
at the 28th International Self-Directed Learning Symposium to be held February 5
-8 in Cocoa Beach, Florida. I have been asked to give a major speech to the
attendees and will be given the Malcolm Knowles Award for Lifetime
Contributions to the Field of Self-Directed Learning. I doubt I would have passed
through the rigorous vetting procedures for this prestigious, internationally
recognized award in the field of adult learning if, at the time of the vetting, the
doubts raised by Eric's false claims were more public. As it happens, I was
transparent in sharing the tenor of the challenge to our authorship and editor rights
with the chairperson who indicated that such a claim would have cast doubts on
my reputation and may have made the award impossible. I was able to dodge that
bullet, so to speak, but that does not take away from the fact that the continuing
conduct on the part Mr. Miller and his company will likely prove seriously toxic
to our efforts in promoting the Center Book if they are not halted.
Affiant says nothing further.
1

der penalty of perjury that the foregoing is true and correct to the best of my

ow0

January 27, 2014.
James A. Bellanca

13 CV 7746Pae5o5

Page 5 of 5

PI Ex. 4-- 5/31/13 Letter of Gareth E. Golirad, Esq.; 7/8/13 Letter of Gareth E.
Golirad, Esq.; 9/11/13 Letter of Gareth E. Golirad, Esq.

GARETH

E.

ATTORNEY AT LAW, ARTS

G3DLLRAD
& LITERARY AGENT

May 31, 2013

C. Michael Kendall, Esq.
662 Green Briar Lane
Lake Forest, Illinois 60045
[phone]

Dear Mr. Kendall:
I am writing to you on behalf of my client, the Wicker Park Press and its owner, Eric
Miller. This letter addresses our contract dispute with your clients, Mr. James Bellanca,
and Mark and Arline Paul. After two conversations with you over the phone to reach a
solution to this problem, we are frustrated that you have proposed no serious solutions
and undertaken no serious efforts at negotiating a solution.
As you know, your clients have signified their intent to terminate their contract with the
Wicker Park Press to publish an anthology of essays currently titled, On Becoming a SelfDirectedLearner. They entered into their agreement with the Wicker Park Press to
publish this work on November 12, 2012. According to the terms of the agreement, to
finalize its termination your clients must reimburse Wicker Park Press for its costs and
expenses. This includes costs and expenses for time and labor that Mr. Miller spent
editing the many contributions to the manuscript, formatting and assembling the
manuscript, and providing lengthy consultations to Mr. Bellanca and Mr. and Mrs. Paul.
The time that Mr. Miller spent on this project increased significantly due to a number of
minor breaches of the contract by your clients, leading up to their more recent decision to
terminate the contract.
Curiously, your clients' decision to terminate the contract comes only very late in the
game, just as Mr. Miller had completed galley proofs for their final review. We view their
decision to terminate the contract at this late stage in the project, just before the work's
final readying for publication, as an attempt to take and use for their own exclusive and
personal benefit the manuscript that Wicker Park Press edited and assembled for them,
without providing the Press any fair compensation for this extensive work done on their
behalf.
It seems your clients wish to benefit from the fruits of my client's labors without
providing any reasonable or adequate compensation. The Wicker Park Press has provided
a bill for its costs and expenses, at your client's request, and with their full understanding
that costs and expenses includes reimbursement for Mr. Miller's time spent working on
the project. Unfortunately, your clients have refused to pay this bill, although their
communications with Mr. Miller plainly indicate that they understood they are supposed
GARETH
1 338 WEST

MADISON STREET,
CHICAGO,

E. GOLLRAD, LLC

SUITE 3E

ILLINOIS 60607

773 216-7556 (PHONE)

I

3 12 226-4277 (FAX)1

I b

[e-mail]

PLAIN'
EXHI

2
to pay it in order to complete their termination of the contract and to have the rights to the
book released back to them.
Mr. Miller spent over 200 hours working for your clients. His work included: editing
incomplete and unedited contributions that your clients sent to him, essays which should
have been provided in edited form under the terms of the contract, but which were not;
providing lengthy consultations to your clients in person and via email-consultations
which were requested by them, going to great lengths to attempt to accommodate them
when they questioned and rejected his decisions about how to present and market the
work-despite the fact that they had no right to reject his decisions under the terms of
their agreement; and assembling, formatting, and coordinating the various contributions
to the anthology of essays, many of which were provided to the Press in unedited form
and in formnat different from that specified in the contract. The total bill comes to $21,750
based on 217.5 hours of my client's time. Your clients informed Mr. Miller of their desire
to terminate the contract in a written email on April 25, 2013. They asked him to send
them his bill. He did, and they only hired you upon deciding that they wanted to refuse to
pay it.
Based on our conversations, your clients seem to pretend that all of Mr. Miller's labor
and efforts on their behalf have no substantive value; nevertheless, they also want to keep
Mr. Miller's work for themselves, and want Mr. Miller to release back to them the rights
to this same work he has produced for them. Those two positions are fundamentally
incompatible. I have been informned that your clients have in their possession an
electronic copy of the work Mr. Miller has produced for them. If they publish this work
in any form before completing the contract's termination by fully reimbursing Mr. Miller
for his efforts, as required by the contract, we intend to treat any such publication not
only as a breach of contract but also as a copyright infringement, because the rights to the
work have been granted to Mr. Miller. Under the terms of the agreement that your clients
signed, these rights do not revert to them unless and until they fully comply with the
contract's termination clause by reimbursing the Wicker Park Press for its extensive work
on their hehalf. The termination of the agreement is not complete until such
reimbursement is made. If we have to go down this road, a court may award statutory
damages for willful copyright infringement, in addition to attorney's fees, a possible
injunction, and other statutory remedies.
In an interest in settling this matter quickly and in sparing both sides the costs of a
protracted court battle, my client wishes to offer yours the opportunity to resolve this
dispute now. The Wicker Park Press will agree to terminate the agreement and to release
its rights to the work back to your clients if they pay the Wicker Park Press the sum of
$12,000 to settle this dispute. Your clients have only five business days from your receipt
of this letter to accept this generous offer. They must accept this offer in a writing signed
by each one of them and presented to us. Under this offer, termination will not be final
and no rights to the work returned to them unless and until they pay this sum to the
Wicker Park Press upon signing a settlement agreement within fifteen days of their initial
acceptance of this offer.

3
This settlement offer in no way reflects any belief that my client's claims are worth any
less than the full amount billed. If your clients do not accept this settlement offer within
five days of your receipt of this letter, and comply with the other terms presented here,
we plan to file a lawsuit against them to recover the entire sum of $21,750 owed to the
Wicker Park Press as reimbursement for termination as required by the Agreement. We
will also request any additional fees and damages allowed by the court.
Please address all correspondence to me at Gareth E. Gollrad, LLC. I thank you for your
timely attention to this matter.

With kind regards,

Gareth E. Gollrad

GARETH E. 13OLLR~AD
ATTORNEY

AT

LAW, ARTS

&

LITERARY AGENT

july 8, 2013

7 F

H 8

Mr. C.Michael Kendall, Esq.E
62Green Briar Lane

Lake Forest, Illinois 60045

s.~

~

t~

CEASE AND DESIST
Dear Mr. Kendall:
It has been brought to my attention that your clients, Mr. James Bellanca, Mr. Mark
Paul, and Ms. Arline Paul, have made public a. plan to publish their own version of
the work On Becoming a Self-Directed Learner. As you know, my client, the Wicker
Park Press, has been granted all rights to publish this work under its con tract with
your clients. Your clients have signified their wish to terminate this contract, but
have not yet done so because they have failed to comply with the termination clause
in the,contract. The Wicker Park Press still holds the rights to publish this work and
has accepted the work for publication.
Any attempt by your clients to publish this work will be treated as a copyright
infringement of the Wicker Park Press's rights to the work, as granted. by your
clients in their contract with the Press, and as a violation of other rights under the
contract. The attempt by your clients to publicize their own version of the work also
constitutes a breach of their covenant with the Wicker Park Press not to publish or
attempt to publish any work that competes with the work to be published by the
Press.
This letter serves as notice to your clients that they must immediately CEASE and
DESIST from any attempts to either publish or to publicize an intended publication
of said work, or of any derivative work based on the work they submitted to the
Wicker Park Press for publication. If they fail to cease and desist from any such
planned publication of the work before terminating their contract with the Wicker
Park Press according to the terms they agreed to in their contract dated November
12, 2012, the Press will bring a lawsuit against them with the understanding that
their infringements and breaches of contract are willful and malicious, and may give
rise to other claims against them at law and in equity.

Respectfully,

Gareth E.Gollrad
1 33S

-WEST MADISON

G3ARETH
STREET.

CHICAGO.

E. CiOLLRAD, LLC

SUITE 3E

ILLINOIS 60607
0 EUCL LRA 0@ssr OLD

772

21 6-7556

3 12: 226-42Z77
AL. NE-r

(PHONE)

(FAX)

GARETH

E. GOLLRAD

ATTORNEY AT LAW, ARTS

& LITERARY AGENT

September 11, 2013

C.Michael Kendall
662 Green Briar Lane
Lake Forest, Illinois 60045
In re: The Wicker Park Press and Eric Miller v.James Bellanca, Arline Paul, and Mark
Paul
Dear Mr. Kendall:
In response to your letter dated August 21, 2013, 1 do not uinderstand why it would
take you a month to respond to a letter that was addressed to you at the location
you are currently listed as practicing law on the lARD C Web site. One of your
colleagues there, at the ADA, signed the registered mail return receipt postcard for
you. No offense was meant, and, given these facts, I do not understand why any was
taken. However, I note that you have an uncouth habit of trying to impose your
opinions and practices not because they are the best but because they seem to be
the best for you.
I also do not appreciate your habit of putting words in my mouth, as you did in your
last letter. Contrary to your fantastic assertions, in this matter I have not abandoned
any claims of copyright infringement on my client's behalf. And again, you present
the same brazenly false assertion that we have refused to negotiate with you, when,
in fact, we made several attempts to do so only to be stonewalled by you and your
clients' refusal to offer anything more than a nominal, insulting sum to terminate the
contract between the parties. If you had wanted to negotiate, you would have done
so already. I am open to listening to any serious offer your clients wish to make.
Finally, the contract between the parties is not extinguished simply because you say
it is. In the meantime, your clients have engaged in other tortious conduct toward
Eric Miller and the Press. By now, you have received a copy of our Complaint against
James Bellanca and Arline and Mark Paul, filed on August 22, 2013 in the Circuit
Court of Cook County. We await your response.

With kind regards,

Gareth E. Gollrad

GARETH
1 338 WEST

MADISON

STREET,

CHICAGO,

E. GOLLRAD, LLC

SUITE 3E

ILLINOIS 60607

773 2 16-7556 (PHONE)
3 1 2 226-4277 (FAX)

G EGO LLRAD@S Bc BLO SAL. NET

PI Ex. 5-- 12/23/13 Letter from C. Michael Kendall to Gareth E. Golirad

C. Michael Kendall, Esq.
662 Green Briar Lane
Lake Forest, Illinois 60945
December 23, 2013
Via Hand Delivery in Circuit Court and Email
Gareth E. Golirad, Esq.
1338 West Madison Street, Suite 3E
Chicago, IL 60607
gegol liad~osbe.iiet
gareth(~garethgollrad.com
Re: Paul, et al. v. Miller, et al., I3-cv-7746
Dear Gareth:
As you know, on January 8, 2014, we are scheduled to appear for the initial status conference before Judge
Kennelly in the above identified action. He will ask about settlement prospects and otherwise wish to
know a little about where the parties stand.
In connection with the report my clients, as plaintiffs, will make to the judge they wish to know whether
your clients will take the following actions voluntarily, in other words, in the absence of a court order, no
later than January 15, 2013:
*

Remove all pages and current references from your clients' website that are directed to a
work purported by your clients to be the book for which my clients are the named editors,
and which work referenced on your clients' website is the basis for my clients' claims
against them in the District Court action;

*

Remove my clients' names and biographical information from your clients' list of Wicker
Park "Authors" and "Editors;"

*

Place the statement on the homepage of your clients' website that, "Information about,
Becoming Self-Directed Learners: Student and Faculty Memoirs of an Experimenting High
School 40 Years Later" can be found at: hitps://www.facebook.com/pages/Becominlg-SelfDirected-Leamers/590845 120981781 #

*

Repudiate, or at least withdraw, in writing any assertion by your clients that they hold any
copyrights in the work that was the subject of the publishing contract between your clients
and my clients. These assertions have been made explicitly in your correspondence on
their behalf, and are reasonably surmised by comments made by Eric Miller about his
owning "all rights in the work."

Please provide your clients' response in writing prior to our appearance before Judge Kennelly.

47.997.259
cmkend 1l5555@gmail com

LAINTIFF'S

E
1

EXHIBIT

I

PI Ex. 6-- 1/8/14 Email from Jennifer Ormson to C. Kendall

- 1-963158611 BECOMING SELF-DIRECTED LEARNERS
118/14Gmail

1/28114

Gmaiil
by(.(Xo

le

1-963158611 BECOMING SELF-DIRECTED LEARNERS
Copyright office <[e-mail]'
To: [e-mail]
Cc: [e-mail]

Wed, Jan 8, 2014 at 9:06 AM

Dear C. Kendall:
We have received your application for registration of a copyright claim in SR #1-9631 58611, BECOMING SELFDIRECTED LEARNERS.
We have also received an application from Eric Miller for registration of a copyright claim in SR #1-957405481, On
Becoming a Self-Directed Learner, on behalf of Wicker Park Press Ltd. The works to be registered in both cases
appear to have content in common; the Office has also received a statement indicating that the works are
identical.
The Copyright Office is an office of record and it does not have the authority to adjudicate adverse or conflicting
claims submitted for registration. Each claim is examined to determine whether it complies with statutory and
regulatory requirements; if it does, it is registered. Where conflicting claims are received, the Office may put both
claims on record if each is acceptable on its own merits. It is the responsibility of the parties invlved in a
dispute to pursue their rights in their works.
If you proceed with registration, we will notify the party who has filed the adv~erse claim of the action taken. In
addition, we must ask for further clarification regarding the claim that you filed: what authorship is being
registered, the limitation of the claim, the publication status, and best edition of the work.
Let me address the author information first. According to the application, Arline Paul created "text, compilation,
editing," James A. Bellanca created "text, compilation, editing," and Mark Paul created "compilation, editing." All
three authors are listed as co-claimants, making this a joint work for the authorship that they co-created.
A "joint work" is defined in the copyright law as "a work prepared by two or more authors with the intention that
their contributions be merged into inseparable or interdependent parts of a unitary whole." This must be the
intention of the authors at the time the writing is done. Ownership of a "joint work" belongs jointly to the authors;
each author owns an undivided interest in the work as a whole. Where a work by multiple authors is not a "joint
work," each author owns his/her contribution only.
If it is the case that Mark Paul did not create "text," his contribution appears to be unequal. IfMark Paul created
only "compilation, editing" and is a co-claimant of the work, please confirm this. Or, if there is a clerical error on
the application and Mark Paul did create text for the work, please authorize me to add "text" to his author created
statement.
Regarding the limitation of the claim, there is text from other sources in the copy. Where a work contains
material that is preN,4ously published, preAously registered, in the public domain, or in which the claimant does
not own the copyright, the claim is limited to the copyrightable material created by the author(s). The application
should describe both the preexisting material excluded from the claim and the authorship on which the claim is
based. See Circular 14 for more information: http://www.copyright.gov/circs/circ14.pdf
Based on the above explanation, please allow me to add a material excluded statement of' tet from other
PLAINTIFF'S
sources" and a material included statement of "text, compilation, editing," if correct.

S EXHIBIT

- 1-963158611 BECOMING SELF-DIRECTED LEARNERS
118/14Gmil

1/28114

Regarding the publication status and best edition of the work, the application does not provide a date or nation of
first publication, indicating that the work is unpublished. However, the copy has an ISBN with the designation
"paper edition," which may indicate that the work is published and avilable in a print edition.
For copyright purposes, "publication" means the distribution of copies of a work to the public by sale or other
transfer of ownership, or by rental, lease, or lending. Offering to distribute copies to a group of persons for
purposes of further distribution, public performance, or public display is also "publication." The following do not
constitute "publication": the printing or other reproduction of copies, a public performance or display of the work,
or sending copies of the work to the Copyright Office. See Circular 1 for more information:
http://www.copyright.gov/circs/circO1.pdf
If publication has not taken place, please confirm that fact, and we will register the work as unpublished.
If publication has taken place, please giv~e us the month, day, year, and nation of first publication and I will amend
the record accordingly.
The copyright law requires that two complete copies of the "best edition" of a work published in the United States
be deposited for copyright registration. The "best edition" of a work is that edition, published in the United States
at any time before the date of deposit, that the Library of Congress determines to be most suitable for its
purposes. For example, the Library prefers a hardcover edition to a softcover edition. See Circular 7b for more
information: http://www.copyright.gov/circs/circ07b.pdf
Ifthe ISBN number on the copy refers to a print edition that was first published on or before 7/12/201 3, which is
the date on which we received the electronic deposit, please forward two best edition copies to meet the
requirements of the law. Otherwise, please explain the situation.
If submitting copies, please follow the instructions below.
Please print the attached Reply Sheet and include it with the copies of your work before mailing the copies to the
address on the Reply Sheet.
Reply to this message to confirm the date on which you mailed the copies to us.
Please note that if we do not receive a response to this message within 45 days, we will close this case without
processing your registration or notifying you further, and forward your deposit copy under the provisions of the
current copyright law. The fee is not refundable. If you re-apply for registration after the case is closed, you must
send a new application, copy and fee. The effective date of registration will be based on the new submission.
Sincerely,
Jennifer Ormson
Registration Specialist
Literary Division
U.S. Copyright Office
When replying to this email, please include the following thread id (entire line) within the body of your response to
expedite routing to the correct office.
[THREAD ID: 1-IPOB4C]
onBECOMING SELF-DIRECTED LEARNERS Reply Sheet.pdf
242K

Michael Kendall <cmkendal15555(Pgmail.com>

Thu, a 3 04a :2P
Tu Jan 23, 2014 at 2:52 PIVI

PI Ex. 7-- Transfer of Rights Signed by Center Book Contributors

Date

?J1

f

Ihereby grarft the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print f ull name)

CV2I(

Avojiano~

(~5442({eQ Od&zw

Signature

Relation to subject (if subject is a minor)

Address

O

011142 -Z

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City, State, Zip code

Telephone

Requested by

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PLAINTIFFYS
~EXIBIT

1

Date

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1 hereby grant tHe editors of On Becoming a Self-Directed Learner permission to-

use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name) _

Signature

a

VAC ci),

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Relation to subject (if subject is a minor)__________________

Address

t?

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City, State, Zip code

Telephone

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Requested by

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232 M...d
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Date

July 13, 2013

I hereby grant the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

Lawrence M Detmer

C a/'4
-

Signature

Relation to subject (if subject is a minor)

Address

____

2323 McDaniel Avenue, Apt 1124______________

City, State, Zip code

Telephone

Stuard Detmer's dad

Evanston, IL60201-2569

874 864-6939

Requested by

cell w/vm

312 320-7619

Ihereby grant t e editors of On Becoming a Self-Directed Learner permission
use the memo r submitted to the editors in any and all other media, whether to
now
known or hereafter existing, in perpetuity. I will make no monetary or
other claim
against the editors for the use of the memoir.

Name (print full name)

Signature

?

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Relation to subject (if subject is a minor)

Address

City, State, Zip code

Telephone

Requested by

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I hereby grant te 6ditors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

i

Signatue

Relation to subject (if subject is a minor)

__________________

Address

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City, Stat e, ZipcoeA*

Telephon e

Requested by

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I hereby grant the editors,

OnBecoming a Seif-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

A4,4a "S"47W"'YI/

Name (print full name)

,~~ipa V7t
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Signature

Relation to subject (if subject is a minor)

71W

Address

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City, State, Zip code

Telephone

____

Requested by

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Signature

Relation to Subject (if subject is a minor)

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Requested by

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I hereby grant the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

Signatu

rere§~L

Relation to subject (if subject is a minor)

5e i

Address

City, State, Zip code

Telephone

Requested by

4)/ -) - 9/1-- ?/ P0

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Date

I hereby grant the editois of
Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

MIa J
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Relation to subject (if subject is a minor)

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Requested by

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I hereby grant the edit6rs of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

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Signature

Relation to subject (if subject is a minor)

Address

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Requested by

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Requested by

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Date May 8, 2013,
I hereby grant the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name) Walter C. Greenblatt

Signature

Walter C.
Greenblatt

Digitally
signed Walter Greenblatt
by
C
Did:
Cr~Wjtef C Greenblatt~ c-Walter
&~eeriblatt&
Associates,
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emii=[e-mail]
Date:
20130id.O8 1:1O-O4~Y
16:1

Address: 430 Nassau Street

City, State, Zip code Princeton, NJ 08540

Telephone [phone]

Requested by Arline Paul

-A?9 Y
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Date
I hereby grant th ed 6s f bBecoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether
now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

(

Name (print full name)

1

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Signature

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Requested by

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.......
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From:
Subject:
Date:
To:

Afgregoryf16 <afgregorytl [e-mail]>
Re: Center Book-Release Form
May 11, 2013 2:03:05 PM CDT
arline.paul @comcast. net
1 Attachment, 240 KB
Sv

Arline,
My signed release is attached. Ifyou prefer a hard copy by mail, just let me know.
Doug

Original Message----From: Arine Paul <arline. paul@comcast. net>
To: Mrine Paul <arline.paul@comcast. net>
Sent: Tue, May 7, 2013 11:37 pm
Subject: Center Book-Release Form
We apologize for neglecting to do this earlier, but now that the
Center Book will be published in September (at long last) we request
that you sign the attached release form and return itto me by email
or by USPS at
940 Ridgewood Dr., Highland Park, IL 60035.
Receiving the form by May 15 would be appreciated.
Thanks,
Arline

Date

2-01-Y
33

1hereby grant the editors of On Becoming a Self-Directed Learner permission to

use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

6_RC60fY.

t-WUAP'

_bO)6iAS

Signature_____________________

Relation to subject (if subject is a minor)________________

Address

Ilon C14A(

City, State, Zip code

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I hereby grant the ed r f On Bec ming a Self-Directed Learner permission
use the memoir submitted to the editors in any and all other media, whether to
known or hereafter existing, in perpetuity. I will make no monetary or other now
claim
against the editors for the use of the memoir.

Name (print fullI name)

Signature

-do>CQ

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Address

City, State, Zip code

Requested by

IA

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Relation to subject (if subject is a minor)

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I hereby grianthe editofs of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

--

Signature

i/Jjf 62;

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Relation to subject (if subject is a minor)

Address.V
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City, State, Zip code

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Requested by Requested by

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On Becomnin a Self-Directed Learner permissint
I hereby grant the editor
now
use the memoir submitted to the editors in any and all other media, whether
monetary or other claim
known or hereafter existing, in perpetuity. I will make no
against the editors for the use of the memoir.

Signature

Relation to subject (if subject is a minor)__________________

V

Address

1

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City, State, Zip code

Telephone

Requested by

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Date: June 3, 2013
I hereby grant the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

Q.

W(L

Address: 662 Green Briar Lane

City, State, Zip code: Lake Forest, IL 60045

Telephone: [phone]

Requested by: Arline Paul

-

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C

Date
ktju r26
/1
I hereby grant th6 editoys of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

/

Name (print full name)

4444~z AIIJ11
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Relation to subject (if subject is a minor)

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I hereby grant theqditors ot On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Ano L[caVe4-e
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Name (print full name)

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From: "Levin, Jeff" <Jeff_-Levin 9baylor.edu>
Subject: RE: CenterBook Release Farm
Date: May 8, 2013 12:34:40 PM CDT
To: Arline Paul <arline.paulgcomcast. net>
r~1 Attachment, 630 KB Save
See attached.

Dr. Jeff Levin
University Professor of Epidemiology and Population Health
Director, Program on Religion and Population Health (PRPH)
Institute for Studies of Religion
Baylor University
One Bear Place #97236
Waco, TX 76798
254-710-7555 (office)
254-710-1428 (fax)
254-31 5-7316 (cell)
[e-mail]
www.baylorisr.org/about-isrfjeff-levin/
www.religionandhealth.com
Editor of Healing to All Their Flesh: Jewish & Christian Perspectives on Spirituality, Theology,
& Health (Templeton Press, 2012; with Keith G. Meador).
Editor of Divine Love: Perspectives from the World's Religious Traditions (Templeton Press,
2010; with Stephen G. Post).

From: Arline Paul [arline.paulgcomcast. net]
Sent: Tuesday, May 07, 2013 11:29 PM
To: Arline Paul
Subject: CenterBook Release Form

Date
r-91--3
I hereby grant the editors of On Becoming a Self-Directed Learner permission
to
use the memoir submitted to the editors in any and all other media, whether
now
known or hereafter existing, in perpetuity. I will make no monetary or other
claim
against the editors for the use of the memoir.

Name (print full name)

V

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Signature

Relation to subject (if subject is a minor)__________________

Address

3o~

14v-jcdi-r-

City, State, Zip code
Telephone
Requested by

\k -I1rh
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517
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Date
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1hereby gri the
ordof on B coming a Self-Directed Learner permission to
use the m oir su itted to the editors in any ai all other
u
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media,
known or hereafter existing, in perpetuity. I will make no monetary whether now
or other claim
against the editors for the use of the memoir.
Name (print full name) ELAINE MADSEN______________

Signature

~

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Relation to subject (if subject is a minor)

_________________

Address: 27502 CATALA AVENUEI
City State, Zip code SANTA CLARITA CA 91350
Telephone:

818-903-5012

Requested by: ARLIN1E PAUL

From:
Subject:
Date:
To:

Jim Mckay .qimracheg mail. med. upenn. edu>
Re: CenterBook Release Form
May 14, 2013 3:33:12 PM CDT
Arline Paul <arline. paul 9comcast. net>
i4'1 Attachment, 267 KB -Save- I

Hi Arline,
Here you go.
Jim McKay
On 5/8/13 12:29 AM, "Arline Paul" <arline.paul 9comcast. net> wrote:

Sorry that we forgot to have release forms signed earlier. Now that
the book is scheduled to be published in September (at long last) we
do need you to sign a release form. You can sign and return it to me
by email or sign and send it by UPS to me at 940 Ridgewood Drive,
Highland Park, IL 60035.
It is needed by May 15.
Thanks,
Arline

Date
I hereby grant the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

Ti cume:

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Signature -

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Relation to subject (if subject is a minor)

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hereby grant the editors 6f On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

1

Name (print full name)

&v

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Relation to subject (if subject is a minor)

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From:
Subject:
Date:
To:

Curt Milburn <curtmilburn~gmail.com>
Re: CenterBook Release Form
May 13, 2013 3:00:11 AM CDT
Arline Paul <arline.paul Ccomcast. net>
.1 Attachment, 2.1 MB .Save
I
_

Date
/-z~it 3, ;-/5/Z3
1hereby grant t6itors 6f On Beom~ring a Self-Directed Learner permission to
use the memoir submitted to the editors inany and all other media, whether now
known or hereafter existing, inperpetuity. Iwill make no monetary or other claim
against the editors for the use of the memoir.
Name (print full name)

,7

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Signature

Relation to subject (if subject is a minor)

Address

________________

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City State, Zip code___________________________

Telephone

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Requested by

Curt Milburn
Big Hat Tours
Phone: (CNTY Code 49) 89 8207 9084
(Landline/lorwarded to mobile)
[e-mail]

'7

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Date May 28, 2013
1 hereby grant the editors of On Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name) Blair Johnson Miller________

Relation to subject (if subject is a minor)

__________________

Address 1725 Chancellor Street,____________________

City, State, Zip code Evanston IL 60201_________________

Telephone [phone]

Requested by

From:
Subject:
Date:
To:

Eliot Neel <eneelgsbcglobal.net>
Eliot's Center Release Form 5-15-2013
May 15, 2013 11:24:45 AM CDT
Arline Paul <arline.paul@comcast. net>
S1 Attachment, 38.0 KB
Sv

Hey Arline,
OK, here's the form - see attached file. BTW, I don't think I've I paid for my
copy yet.
Please let me know how much and when. Enjoyed last Summer's Center Reunion;
looking forward to release of the "Memoirs".
Thanks!
Eliot Neel
2583 Elizabeth Ave.
Fayetteville, AR 72703

&v r -[5,Z

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1hereby grant the editors of On Becoming a Self-Directed Learner permission to
Date

use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. f will make no monetary or other claim
against the editors for the use of the memoir.

Name (print full name)

J

J.&

Signature

Relation to subject (if subject is a minor)

Address

City, State, Zip code

_________________

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.,erby granf the ed ors of On Becoming a Self-Directed Learner
permission to
use the memoir submitted to the editors in any and all other
media,
known or hereafter existing, in perpetuity. I will make no monetary whether now
or other claim
against the editors for the use of the memoir.

Name (print full name)

Barham6U~ P6al(h fleJ0i

Signature

Relation to subject (if subject is a minor)

Address

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From:
Subject:
Date:
To:

Hirsch <hirschperlman @asbcglobal. net>
Re: Center Book Release
May 28, 2013 1:09:27 PM CDT
Arline Paul carlinepaul@comcast. net>
e;'1 Attachment, 669 KB , Save,.

Hi Arline,
Here 'tis.
thanks
Hirsch

' 7

Date
~ t
~
hereby grant the editors of On Becoming a Self-Directed Learner
permission
use the memoir submitted to the editors in any and all other media, whether to
now
known or hereafter existing, in perpetuity. I will make no monetary
or other claim
against the editors for the use of the memoir.

1

Name (print full name)

1I

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Relation to subject (if subject is a minor)

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_________________

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Date
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I hereby grant the e itors of On Becoming a Self-Directed Learner permission
to
use the memoir sub
&itted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or
other claim
against the editors for the use of the memoir.

Name (print full name)

Signature

4'JLAA 4

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Relation to subject (if subject is a minor)

Address

City, State, Zip code

Telephone

Requested by

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1hereby grant the edit~rs of cd Becoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, in perpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.
1

Name (print full name)

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In case you didn't receive a previous one, here's another form.
Please get it back to me by June 7.
Would love to catch up over coffee if you are back on the North Shore.
Fondly,
Arline

PERSONAL
This email is UNCLASSIFIED.

Date

Aaq_-

;

h
heeby grarf the editors of On Becoming a Self-Directed Learner permission
use the memoir submitted to the editors in any and all other media, whether to
now
known or hereafter existing, in perpetuity. I will make no monetary or
other claim
against the editors for the use of the memoir.

Name (print full name)

prnl-lf FAA-

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Signature

Relation to subject (if subject is a minor)

Address 13*55

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From: Katy White <KWhiteCrolla.kl 2.mo.us>

Subject: memoir release

Date: June 21, 2013 9:35:07 AM CDT
To: "arline.paulgcomcast. net" <arline.paulCcomcast. net>
ef1 Attachment, 27.7 KB
Save I

Arline:
Sorry that my school spams everything. Here is the signed release.
Katy

3

o

Date
hereby grant-the editors of bni Secoming a Self-Directed Learner permission to
use the memoir submitted to the editors in any and all other media, whether now
known or hereafter existing, inperpetuity. I will make no monetary or other claim
against the editors for the use of the memoir.

1

Name (print full name)

K±IrI~,CA

ki

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!Af/i 1 *0
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Signature

Relation to subject (if subject is a minor)

Address VMSO CQ.C.

City, State, Zip code

Telephone

Requested by

RI

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PI Ex. 8-- Catalogue Sheet for Center Book

Becoming Self-Directed Learners
Student & Faculty Memoirs of an
Experimenting High School 40D Years Later
James Bellanca, Arline Paul, and Mark Paul, editors
In 1972, an intrepid group of teachers and students at New Trier High School
(Winnetka, IL) formed the Center for Self-Directed Learning. Each student would
design their own program instead of following the daily grind of standardized courses
with off-the-shelf textbooks, canned lectures, and, of course, the all-important final
exam.
Approximately 600 students took the plunge into the unknown during the
Center's 10 years. And now, more than :35 Center graduates look b~ack on their
experience, each of them writing about why they left the standard curriculum and
joined the Center, what they did in the Center, and how the Center has affected their
adult lives.
Although there are shelves of books on the general subject of high school reform,
Bfeconung Se/fDirectedLearn erv is believed to be the only in-depth and long-term
report written by the students who actually reformed their high sehool experience, and
from a middle-aged perspective when they can clearly see the arcs of their careers and
lives. These autobiographical sketches are a rich source on the lifelong effects of
deeper learning.
Among the graduates who contributed memoirs are Sen. Mark Kirk (R-IL) and
Oscar-nomin ated actress Virginia Madsen.
Notable graduates who contributed memoirs include a woman who taught herself
calculus using a French textbook and is now a quantum physicist based in Australia, an
Air Force Academy graduate and ighter pilot who retired as a full colonel, an
established London-based orchestral conductor, and several university professors and
administrators.
Also providing accounts are a lead teacher who has founded a K-8 school within
the Denver school system built largely on Center p~rinciples, the head of UCLA's
sculpture department, and a professor who teaches epidemiology, population health,
and medical humanities at the Baylor University medical school, as well as psychiatry
and behavior science at the Duke University Medical Center.
Two key faculty members, James Bellanca, and Arline Paul, contribute
introductory essays. Belanca developed the initial thinking that led to the Center, and
Paul served on the faculty for its entire lifespan.

Available wherever books are sold
Paper ISBN: 978-1-935766-90-2. $14.99
eBook ISBN: 978-1-935766-99-5. $7.99

Becoming
Self-Directed Learners

I

Student & Faculty Memoirs of an
Experimenting High School 40 Years Later
i

James Bellanca, Arline Paul, and Mark Paul,

S EXHIBIT

EDITORS

"The Stories Renew our Faith in the Human Drive for Self-Fulfillment"
Learn err- an amazing collection of testimonies, memoirs, and
is
.BecoingSelfDirected
reflections from graduates of a school intent on fostering self-direted learning,
providing a longitudinal study of the positive andl long-lasting effects of instruction in
which students must self-manage, self-monitor andl self-modifyi. Graduates who have
excelled anti achieved prominence in a variety of fields-politics, the arts, science, and
international relations-provide compelling evidence of tie positive etlects that selfdirected learning has contributed to their success.
What these stories disclose is that humans learn best what they want to learn.
They demonstrate that learning derived from a carefully structured program of selfdirectedness does not fade away after the test or even in several months. Rather, it lasts
PresidentoftheAssociationfor
for a lifetime. -ArthurL. Costa, EdD. i va Past
Supervision and Curriculum Development (ASCD).

"The Center's Contribution to Curriculum was Substantial"
Becoming Sef ireatedLearnershighlights a critical chapter of Amecrican educatio nal
history. Its emphasis on the individual experiences of participants in a great
experiment is exemplary and necessary. Increasingly the most productive educational
literature will be composed of systematic studies of individual learning experiences.
After all is not each learning experience individual? As Jim Bellanca suggests in his
introduction, apart from the individual student, the feacher, the learning goal, and the
conditions of their encounter, there are no axiomatic "best practices."
You will not find anything dated in this chronicle from the last century. The
problems, challenges, and struggles for solutions faced by the New Trier Center for
Self-Directed Learning are real and credible in our contemp~orary educational
environment. Indeed in many ways educational institutions are growing increasingly
oppressive for all involved and so the need for alternatives becomes all the more
ofscientitf and
compelling. -PaulZachoschrectsACASE, aprofeysionalassociation
educatorsdedicatedto develop the rcientificcapabilitiesofeducatori, secondaryand
college students, andthegeneralpubi.

"An Inspiration for Today's Innovators"~
The stories and memoirs of this book reveal how the Center's students and teachers
created and implemented a culture of self-directed learning and self- assessment. They
are a treasure trove of lessons and an inspiration for today's innovators.
a
-.Bob Pearlman &s strategyconstantfor2-st Centurysehooldevelopment.

"This Collection Contains Much Wisdom"
Many students who opted for the Center had been well-adjusted strong achievers in
the parent school. Others, however, had been chronic underachievers. Of these, some,
bored by school, lacked motivation; some felt socially isolated; and some had issues
such as learning disabilities, dangerously low self-esteem, or drug addiction that got in
the way. Many of those underachievers report that they soon blossomed after
translfetring into the Center. In addition to the turnaround in their high school
experience, many credit the Center for setting them on a path to adult success. There
are some striking examples: a psychologist who overcame severe learning disabilities
(first recognized by the Center math facilitator) to earn her Ph.D. in psychology and a
clinical andl teaching career; an actress nominated for a Golden Globe and an Academy
servedon the Schoolfloardofihe Winnetka Publ& Schools
Award. -Ray Creenblatt
(K-8)from 1969 to 19 75, and duringthat time hir son, Walter, wasastudentin the
Center.

"The Experimentwas Clearly a Success"
There have been too few books like this one about the actual practice of progressive
education. It is an important historical document from the 1970s specifically and
education generally. The decision to ask the students and teachers to write their own
autobiographic story is especially appropriate. In style and content, this text is well
grounded in its own philosophical tradition of guiding students to find and use their
own voice, of putting students at the center of learning. For the students who
experienced The Center, the experiment was clearly a success. For readers today, their
stories may remind us that pre-packaged curriculum and high-stakes tests are not the
only ways to learn. -Dr. hwothyDohreriyDirectorofthe NMter ofScience in
at
EducationprogramnatNorhvestern University He is afor-mer teacher andprincjpal
New Trierhigh Schoolin Winnetka, IL.

"When learning is seif-dirceted, learners emerge as who they arc."
The questions that led to the Center remain with us today. Why are so many students
disengaged? Why, in a transdisciplinary, problem-centered world, do we persist in
dividing the "content" of education into "subjects"? Why insist on the same pace and
the same content for everyone? Why shut out passion and interest? Why not foster
self-directed learning in a community of learners? Some of us have been pursuing
these questions in var ious ways for a long time. Others have just embarked on the
journey. All of us, young and old, can draw inspiration from the lessons of the Center
as conveyed by the powerful voices in this volume. -Rob Riordan is-presidentojffigh
Tech High GraduateSchool ofEducation, San Diego, CA.

PI Ex. 9-- Publishing Contract

AGREEMENT made this day, September 3, 2012 between Wicker Park Press Ltd. t1he "Publisher")
aul te
located at PO Box 5318. River Forest, IL 60305 and James Bellanca, Arline Paul, and 7
"Author") whose address is 3 10 Keystone Court Glencoe, Ill. 60022 Ai Ui *-ML"K Ta-Z - (L ss

WHEREAS, the parties are desirous respectively of publishing and
The Center for Self-Directed Learning (the "Work"
JA

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THEREFORE, in consideration of the mutual covenants contained herein, the parties do hereby agree
as follows:
1. GRANT. The Author grants to the Publisher, during the full term of copyright in the Work, and any and
all renewals and extensions of such copyright, the following exclusive world-wide rights:
a. Publication Rights: The exclusive right to produce, edit, translate, print, publish, distribute and
sell (collectively termed "publish") the Work in book form, and the exclusive right to sell or
license others the right so to do.
b. Subsidiar Rights: The exclusive subsidiary rights in the Work referred to in Paragraph 5b
below, including all rights in the Work necessary for the purpose of exercising those rights and
the exclusive right to sell or license others the right so to do.
c. Promotional Rights: The right to use the name, likeness and biography of the Author and to
publicly display the Work in advertising, promotion, publicity and otherwise in connection
with the exercise of the rights granted in Paragraphs 1a and l b, and the right to authorize others
so to do.
2. MANUSCRIPT.
a. Delivery: The Author has delivered to the Publisher one (1) copy of the manuscript of the Work
and will deliver within 30 days of the signing of this agreement, a disk, Macintosh formattable,
acceptable to the Publisher in form and content for publication. The manuscript shall be in the
English language and shall include copy for the title page, and for non-fiction works shall also
contain a table of contents, an index, bibliography, illustrations, charts and other related
materials. On failure of the Author to provide these related materials, the Publisher may supply
them and charge the expense thereof to the Author.
b. Care: The Publisher shall care for the manuscript and related materials in the same manner as it
customarily cares for similar materials submitted by others and shall not be liable for any
damage resulting from their loss or destruction. The Publisher may, after first publication,
dispose of the manuscript, related materials, proofs, etc. in any manner it chooses.
c. Permissions: The Author shall obtain and deliver to the Publisher, at no expense to it and within
a reasonable time after signing this Agreement, written permissions for the use, consistent with
the rights herein granted, of all items, graphic and textual, from other published and
unpublished works incorporated into the Work by the Author. The Publisher shall have the
right to obtain any permissions the Author fails to secure and charge the costs thereof to the
Author, and to deduct such costs from any sums which may become due and owing to the
Author under this Agreement or otherwise.
d. Acceptance. Rejection and Revisions: The Publisher shall determine, in its sole discretion,
whether the same are acceptable to it in form and content. Should the Publisher request certain
revisions from the Author, the Publisher shall have two (2) months after receipt of the
materials submitted as such revisions, or as thereafter submitted as further revisions, to
determine the need for still further revisions. The manuscript accepted by the Publisher shall
constitute the Work to be published hereunder-and the Author shall have no right to withdraw

l(sidem RSIwk &035~
[wae1

PLAINTIFF'S
EXHIBIT

2

Page

that manuscript and substitute a revised or different manuscript therefor unless revisions are
requested by the Publisher or the Publisher has agreed in writing to the substitutions,
The Author acknowledges that the Publisher's acceptance of the Author's manuscript and
the Publisher's duty to publish said manuscript is subject to the Publisher's right to edit and
revise the manuscript to the Publisher's satisfaction. If the Author shall fail to edit or revise the
manuscript to the Publisher's satisfaction, the Publisher shall, at its sole discretion, have the
right to reject the manuscript and terminate this agreement, or edit, revise, or otherwise modify'
the manuscript to suit its requirements. In the event the Publisher shall reject the manuscript
and thereby terminate this agreement Publisher and Author shall have no further liability to
each other.
Acceptance by the Publisher shall only be in writing signed by an officer of the
Publisher; and no request for revisions or other comments or communications fronm the
Publisher shall be deemed an acceptance or rejection.
e. Editin : The Publisher may edit the Work in accordance with the Publisher's standard style of
capitaization, punctuation, spelling and usage.
elimin-ate and replac
JAB

V9

f. Proofreading: The Publisher shall furnish galley proofs of the Work to the Author who shall,
within fifteen (15) working days after receipt, read, correct and return the same. Should the
Author fail timely to return the corrected galleys, the proofs will be deemed approved by the
Author in all respects. Any changes made by the Author and which are acceptable to the
Publisher, other than corrections of printer's errors which exceed fifteen percent (15%) of the
original cost of composition, shall be charged to the Author against moneys due him/her under
this or any other agreement with the Publisher.
g. Termination: If this Agreement is terminated, the Publisher shall have the right to recover from
the Author any and all costs and expenses incurred by it in connection with the Work. Until
such reimbursement, the Author shall not allow the Work to be published elsewhere; but once
the Publisher's costs and expenses have been repaid, the Publisher and Author shall have no
further liability to each other hereunder.
3__JK

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LICA TIN.

Time and Manner Within a reasonable time after acceptance of the Work
proofing the galleys thereof, the Publisher will publish the Work in such
a style and manner and at such price as it deems best, and will keep the Work in print as long
as it deems expedient, but it will not be responsible for delays in publication caused by
circumstances beyond its control.
b. Publisher's Determination: In no event shall the Publisher be obligated to publish a work which
in its opinion violates the copyright or invades the right of privacy or publicity of any person,
contains any material the Publisher thinks possibly libelous or obscene or which in any way is
contrary to the warranties and representations of the Author in Paragraph 4a set forth.
c. Copyrieht: The Publisher will apply to register the copyright in the Work in the United States,
in conformity with the Copyright Law of the United States and the Universal Copyright
Convention-in the Author's name-and may affect any renewals or extensions of copyright
as may be provided for by the United States Copyright Law. The Author shall execute and
deliver all instruments and documents the Publisher thinks necessary to apply for copyright
registration and to effectuate the purposes of this Agreement and the Author hereby appoints
the Publisher as the Author's attorney in-fact for such purpose.

Page

2E

40
jJ- 47 (£q*?kl AR )

P-a

4. OMEEARR ANTIES AND INDEMNITIES.
a. Authors' Warranties: The Author warrants and represents that: (i) Author is the sole author of
the Work; (ii) Author is the sole owner of all rights granted herein to the Publisher; (iii) Author
has full power and authority to enter into this Agreement, to perform the obligations to be
performed by Author hereunder and to grant the rights herein granted, which rights the Author
warrants have not been previously assigned, transferred, pledged or otherwise encumbered; (iv)
the Work is original and has not been previously published and is not in the public domain; (v)
the Work, including any characters and devices therein and any title supplied by the Author,
does not infringe any copyright, unfairly compete with any other work, is not libelous or
obscene, and does not invade any right of privacy, publicity or any other personal or property
right of any third party; (vii) the Work contains no matter the publication or sale of which
violates any statute or any regulation thereunder, (viii) no recipe, formula or instruction
contained in the Work will be injurious to the user, and (ix) the Work is not in any other way
unlawful. These warranties and representations are true on the date of the execution of this
Agreement, shall be true on the date of actual publication of the Work, and shall be true at all
intervening times.
The foregoing warranties, representations, and indemnities shall survive the expiration or
sooner termination of this Agreement.
b. Indemnification: In the event of any claim, action or proceeding based on or arising from any
alleged breach of any of the warranties and representations set forth in Paragraph 4a above, the
Publisher shall have the right to defend the same through counsel of its own choosing. The
Author hereby indemnnifies and holds harmless the Publisher, any seller of the Work and any
licensee of any right in the Work provided for in this Agreement, against any loss, liability,
damage, cost or expense, including reasonable attorneys' fees, arising out of, or for the purpose
of avoiding, any such claim, action or proceeding or the settlement thereof, except to the extent
that such loss, liability, damage cost or expense is solely attributable to matters inserted in the
Work by the Publisher which were not ftunished by the Author. Until such claim, Action or
proceeding has been settled, withdrawn or otherwise resolved, the Publisher may withhold
payment of any sums otherwise due the Author under this Agreement. The Author shall give
the Publisher prompt notice of any such claim, action or proceeding coming to the Author's
attention, and the Author shall fully cooperate with the Publisher in the defense thereof.
c. Third-Party Copyright Infringemen . The Publisher may, at its own cost and expense, take such
action, in the Author's name if necessary, as required to restrain any infringement of copyright
or to seek damages therefor but shall not be liable to the Author for failure to take such legal
steps. Should the Author elect to join in taking such legal action, the expenses and the recovery
shall be shared equally, but if the Publisher proceeds without the Author's participation, any
recovery shall belong to the Publisher. If the Publisher does not bring such action, the Author
may do so in the Author's own name, cost and expense, and money damages secured by the
Author for any infringement shall belong to the Author except that any money damages
recovered on account of Publisher's lost profits shall be divided equally with the Publisher.
5. CONSIDERATION TO AUTHOPRJ e-

l

(Vl

a. Book Royalties: The Publisher will pay the Autho4fh folwn royalties, to be computed
(unless otherwise noted below) on the received price for each copy of the Work it sells in book
form, in the English language, and calculated on the basis of a 50% discount off the retail
price, less returns:

Page 3

t

Ex~1A

(

~-~f

(1) U.S. Trade Editions: On sales in the United States of Trade Edition copies:
(a) Hardcover; Other than on sales falling within subparagraphs a(2) through (6)
hereof: a royalty of 10% of the first 5,000 copies sold, 12-1/2% of the
second 5,000 copies sold and 15% of all copies sold over 10,000 copies.
(b) Paverback: A royalty of 10% on all copies sold divisible among the Authors
at %designated for each.
(c) On copies distributed by catalog houses and not for book store resale: half of
the existing royalty set forth in subparagraph a( 1) above will be paid to the
Authors from the Publisher's actual cash receipts.
(d) Where the discount is 52% or more of the retail price: half of the existing
royalty set forth in subparagraph a( I) above will be paid to the Authors.
(e) For the purpose of keeping the work "in print"; when sales of the work fall
below 100 copies per accounting period: half of the existing royalty set
forth in subparagraph a( I) above will be paid to the Authors. This provision
will take effect only after one year from the date of the original publication
of the work.
(2) U.S. Direct Sales: On copies sold directly to the consumer through radio or television
advertising, direct mail order, coupon advertising: 2% of the amount received by the
Publisher.
(3) Converted Books: On all copies sold with the original covers removed and
replacement covers substituted therefor- a royalty of 5% of all copies sold after the
first 1,000 copies.

(4) U.S. Remainder Sales: On copies and sheets sold outside regular wholesale and retail
channels when Publisher, in its sole judgment, determines, no earlier thani one year
after first publication, that such sales could not be made in a reasonable time through
the normal wholesale and retail channels: no royalties shall be paid.
(5) All other English Language Sales: On all sales in Canada and any other place in
which English language editions of the book are sold. half the royalty hereinabove
applicable for the U.S.
(6) Sales At Cost: Copies sold at or below cost (including expenses incuned) or given
away free to the Author or for review or as advertising or promotional samples or for
charitable or public purposes for which the Publisher receives no proceeds, or for
like uses: no royalties shall be paid.
b. Subsidiary Rights Licenses: On licenses of the subsidiary rights herein below listed, the Author
shall be entitled to half (50%) of the moneys actually received by the Publisher after deduction
of all agency commnissions, taxes, and any and all other costs in securing and enforcing the
license.
(1) Softcover Reprint License: The right to publish a hardcover or softcover reprint
(including by microfilm or other device or method) edition of the Work.
(2) Book Club: The right to publish a book club edition of the Work (in complete,
condensed or abridged versions).

Page 4 rX4

Ir14

(troV*1.Akfts

(3) First Serial: The right to publish the Work in periodicals prior to book publication, in
complete, condensed or abridged versions.
(4) Foreign Language: The right to translate and publish the Work in book or serial form,
in complete, condensed or abridged versions.

(5) Receipts from Other Rights: The right to license English or foreign language rights
for publication as digest, abridgement, condensation, selection or quotation,
anthology, second serialization if available, syndication.
(6) Advertising and Merchandising Tie-ins: The right to license characters, devices,
series title or themes, novelty and similar commercial uses of the Work and to
license material based on ihe Work or on any illustration contained therein, including
without imitation, any such illustration furnished or paid for by the Author.
(7) Other Media: Reproduction in film strips, transparencies, slides, microfilm,
microfiche, programmed instruction, computers, computer programs or systems for
the storage and retrieval, dissemination and reproduction of information, including
without limitation CD-Rom or by any other means or media.
(8) Performance and Reproduction: Licenses for records, tapes or other methods of audio
reproduction of the Work, or for purposes of reading aloud.
(9) Motion Picture. Dramatic. Television and Radio: The right to license motion picture,
television, radio and dramatic rights in and to the Work or in connection with the
Work (including free, cable and pay television and radio, in or in connection with a
single program or a series).
(10) Reproduction on Audio/Video Recordings: The right to license use of Work by any
device or system now (e.g., on video-cassette or disc) or hereafter known, except that
any rights which would fall under subparagraph 5b(9) above shall be deemed granted
pursuant to that Paragraph.
(11) Reproarph : Any mechanical, photographic, electronic, chemical or other
reprography rendition or recording not set forth in any of the foregoing methods or
manners or by any other method or manner now or hereafter known or devised.
If any license granted by the Publisher shall include any part of the Work and
material of others, the amount payable to the Author shall be computed as a pro-rata
share (based on the total number of authors included) of the moneys received by
Publisher. The Publisher may grant the licensee or grantee of any of the rights referred to
in subparagraph 5b(9) above, the right to publish excerpts, summaries and condensations
of the Work not to exceed 7,500 words in the aggregate, for advertising and exploiting
such rights, provided however that such grant shall require the purchaser to take
reasonable steps to protect the copyright in the Work. The Publisher may also authorize
the performance or reproduction of selections, summaries and condensations of the Work
in any medium without charge including any royalty to the Author if, in the opinion of
the Publisher, such performance or reproduction will promote sales of the Work.
6. STATEMENTS: PAYMENTS.
a. Statements: The Publisher will render to the Author written semiannual statements of account
during March and September of each calendar year covering the six month period ending,
respectively, on the prior December 31Ist and June 30th, and make settlement for any balance
shown due thereon. If such balance is less than $ 100, no payment shall be required until the
next statement showing a cumulative balance due of $ 100 or more.

Page 5

Edj

1 (Wik fwk*fez$

(1) Reserve: In rendering such statements, the Publisher may set up a reserve of twenty
percent (20%), to allow for returns during the first three royalty accounting periods
following initial publication of the Work.
(2) Deductions: The Publisher may deduct from any payments due to the Author under
this or any other agreement between the Author and the Publisher:
(i) The amount of any overpayments of moneys due the Author as advances,
royalties, compensation from the disposition of subsidiary rights and the like;
and
(ii) Any amounts payable by the Author to the Publisher under this Agreement
unless the Publisher chooses to bill the Author separately for such amounts
(which amounts shall then be'paid promptly to the Publisher by the Author).
b. Accuracy: Any statements rendered by the Publisher to the Author shall be deemed true and
accurate unless the Author mails to the Publisher a certified letter, by the end of the May or
November after the date of the March and September statements, respectively, which lists in
detail all items on the statement to which the Author objects and the nature of each objection.
c. Audit: At the Author's own expense, on no less than thirty (30) days prior written notice, the
Author may examine or cause to be examined, during regular business days and hours, by
Certified Public Accountants, the books and accounts of the Publisher insofar as they relate to
the sale or licensing of the Work. If errors in excess of 5% are found in the Author's form, the
Publisher shall bear the cost of such examination.
7. AUTHOR'S FREE COPIES. The Publisher will furnish ten copies of the first edition of the Work to the
Author without charge. The Author may purchase additional copies, for personal use, from the Publisher at
a 40% discount from the retail trade price, free of royalty.
8. REVERSION OF RIGHTS. In the event that (i) there is no edition of the Work in print or for sale in any
edition by the Publisher or any of its licensees, and no contract (except for the present Agreement) is in
existence for future-publication of any edition or for use of the Work in any manner, (ii) there is no
unearned advance royalty or other unsatisfied indebtedness of the Author to the Publisher, and (iii) no
earnings have been payable to the Author hereunder during two (2) consecutive accounting periods from
and after the third year following initial publication, then, at any time thereafter, the Author may in writing
demand the reconveyance or reassignment of all rights hereby granted to the Publisher. The Publisher shall
have six (6) months after receiving such demand in which to makce arrangements for reprinting or other use
of the Work, or may submit other evidence of anticipated earnings from the Work, and upon the submission
of evidence to such effect this agreement shall continue in full force and effect as if no such demand had be
made; but if at the expiration of the sixth (6) month the Publisher shall not have made any such
arrangement or submitted such evidence, all rights hereby granted to the Publisher shall forthwith revert to
the Author (a) subject, however, to any outstanding licenses and the Publisher's right to participate in the
proceeds thereof and pay sums due to the Author hereunder, and (b) excepting for rights of the Publisher
springing from representations, warranties, indemnities and other rights specifically stated herein as
surviving the termination of this Agreement.
9. OTHER WORKS BY THE AUTHOR.
a. Competing Works: The Author, during the term of this Agreement, shall not, without the

(7(j)written permission of the Publisher, publish or funmish to any other publisher, for sale or trade
~ or otherwise, any material taken f~rm or based on material in the Work, or any work or
material upon tesame subject, that might compete with the sale of the Work.-

Page 6

E~itA(~k~,df~

b -1

10. ASSIGNABILITY. This agreement will be binding on and inure to the benefit of the heirs, executors,
administrators or assigns of the Author and the successors or assigns of the Publisher. The Publisher may
assign this Agreement, but only in its entirety. The Author may assign this Agreement only as to any net
sums due or to become due to the Author hereunder and then only to a single entity and upon sixty (60)
days prior written notice to the Publisher.
11. INTERPRETATION.
a. Entire Understanding: This Agreement constitutes the complete understanding of the parties. No
modification or waiver of any provision shall be valid unless in writing and signed by both
parties.
b. Construction: This Agreement, negotiated and executed in the State of Illinois, will be
construed in accordance with the laws of that state relating to contracts to be therein
performed.
c. Para~Rah Headings: Paragraph headings herein are for convenience only and, being no part of
this Agreement, are not to be used to modify or interpret any part thereof.
d. Severability: Should any one or more of the numbered or lettered paragraphs of this Agreement
be found void or other-wise unenforceable for any reason, the remainder of the Agreement will
be enforced as written.
e. Speculative: Both parties acknowledge that the commercial success of the Work as published is
speculative and nothing herein contained shall be construed as a representation by either party
that the Work will become an artistic or commuercial success or that any royalties will be
earned therefrom.
12. JURISDICTION.' Any action brought against either party herein against the other based on or arising
from this Agreement shall be brought in the federal or state courts located in the State of Illinois and the
City of Chicago. Each of the parties herein agrees that service of process upon that party by certified mail,
return receipt requested, shall be deemed personal service upon that par-ty in the City of Chicago made on
the tenth (10th) day after receipt of such service.
13. NOTICES. Any notice required and payments made under this Agreement shall be deemed to have
paid at the address first
noti le
been properly made if made by U.S. mail and addressed to the part
for that party.
hereinabove

Publisher

'Pre

Author

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Page 7

(iTcrT A(ikiRd

PI Ex. 10-- Emails: 4/25/13 from M. Paul to E. Miller, 4/25 from E. Miller to M.
Paul, 4/26 from M. Paul to E. Miller

I

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Workspace Webmail :: Print

arint IClose Window
Subject:
From:
Date:
To:
Cc:

Re: On Becoming a Self-Directed Learner
Mark Paul <mark-paul@comcast net>
Fri, Apr 26, 2013 3:17 pm
<[e-mail]>
"Jim Bellanca" <[e-mail]>, "Stan&Arline Paul" <[e-mail]>

Eric:
Below, we have attached the paragraph from the contract that covers our right, albeit applied reluctantly, to remove the
publication of our book from Wicker Park Press.

Termination: If this Agreement is terminated, the Publisher shall have the right to recover from
the Author any and all costs and expenses incurred by it in connection with the Work. Until such
reimbursement, the Author shall not allow the Work to be published elsewhere; but once the
Publishers costs and expenses have been repaid, the Publisher and Author shall have no
further liability to each other hereunder.

Please comply with our prior e-mail eequest for the return of all items forthwith and to cease all activity on the book as of
our note yesterday.
As per the termination statement, upon receipt of itemized reimbursement of your sunk costs to this date, we will make
payments so that we may publish elsewhere. Please send all correspondence to Mark Paul at markoaul(5comcast.net and materials to:
Mark Paul
940 Ridgewood Drive
Highland Park, IL 60035
Jim, Arline and Mark

On Apr 25, 2013, at 2:40 PM, <eric~c3ibooks.corn> wrote:
Mark
You can't break the agreement, we have a contract for this book. I spent several
hours working on the manuscript which was not delivered to me the way the contract
stated -- "2a. The Author has delivered to the Publisher one (1) copy of the

manuscript of the Work within 30 days of signing of this agreement, a disk,
Macintosh formattable, acceptable to the Publisher in form and content for
publication ... "

Read the whole paragraph -- You sent me 30 different emails with the content, and
you did not assemble the manuscript, I did all the work on it. That is not the way it's
supposed to go, and not what we agreed to.
Look at 3a. in the contract. You need to proof the galleys which are coming up now.
Then I publish it within three months. You have not lived up to your responsibility -there are delays because you wanted a different cover, you wanted to change the
title without consulting me after we had agreement, and you did not accept the
promotional content we wrote in-house for the book. So the delays are YOUR fault. I
invested considerable time, money and energy working on this book, and you have
FS
~
not cooperated with me.

40? I~ EXHIBIT
Pi- In
1428411NB0,

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3age 2 of 2

Workspace Webmail ::Print

Your seeing no evidence of progress is completely subjective. We are in the timeline
for the galleys. Everything is proceeding according to plan.
So Mark, sorry but you are on the hook for the delays here. I need to be
compensated for my time and energy put into this book. I proceeded in good faith
and you have violated a trust. There can be no breaking of the contract because you
feel like it.
Eric

------- Original Message -----Subject: On Becoming a Self-Directed Learner
From: Mark Paul < mark-paul(@comcast. net>
Date: Thu, April 25, 2013 2:20 pm
To: Eric Miller <[e-mail]>
Cc: Jim Bellanca <iab~iriinc.us>, Stan&Arline Paul
<arli ne. paulkacomcast. net>
Because we have previously expressed to you our profound dissatisfaction
with the fulfillment of your responsibilities in a timely manner and see no
evidence of progress, we are terminating our agreement with you and Wicker
Park Press Ltd.
Please return all materials to the following address, take down the web site
for the book, and cease any further effort on behalf of the book.
James Bellanca, Arline Paul, Mark Paul

Mark Paul
773-698-2514

Hark Paul
773-698-2514

Copyright ©2003-2013. All rights reserved.

E 61T5T f ( w.T . EA

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4284l1NB0X&aEmlPar... 7/18/2013
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PI Ex. 11-- 4/27/13 "Fees" Invoice, entry of 09/03/2012

P)
-

E -HIS1:T , kjce

Settlement Date April 27, 2013
2012-13
Statement No.
Center Book
Account No.

Paul
James A. Bellanca, Arline Paul, and Mark
940 Ridgewood Rd
310 Keystone Ct.
Highland Park, IL 60035
Glencoe, IL 60022
RE: Termination of Publisher Agreement

-

Pe -aESs

On Becoming a Self-Directed Learner
Hourly rate: $100.00

Balance due upon receipt
Fees

Hours

Totals

5.0
09/03/2012

Drafting Agreement between Editors and Publisher

11/ 12/2012

parties
Fully executing signed Agreement between

12/14/2012

Meeting in Glencoe with Editors

12/14/2012

Miles driven @ .56 mile

12/14/2012

Time for travel in automobile

12/16/2012

calls
Drafting communication and follow ups, phone

3.0
1.5

-

23.52

River Forest to Glencoe - 42 miles
1.5
1.5

12/17/2012

title for
Email communication with editors regarding
book

2.5

12/17/2012

Ted Lowitz
Email communication and phone calls with
and Guy Palm regarding cover for book

2.0
1.0

12/ 21/2012

Reviewing Author Questionnaire

12/21/2012

Reviewing manuscript

12/22/2012

12/26/2012

4.0
title for
Reviewing email communications regarding
book
Reviewing cover proposals from Ted Lowitz

2.0
2.0

12/28/2012

title for
Email communication with editors regarding
book

3.0

12/29/2012

cover art for
Email communication regarding title and
book

1.5

12/30/2012

to book, and
Reviewing Jim Bellanca's revised introduction
to book
incorporating quotes for the front matter

1.5

PLAINTIFF'S
SEXHIBIT

p.

C,(e

i

1

t4~s

Settlement Date April 27, 2013
Account No: Center Book

James A. Bellanca, Arline Paul, and Mark Paul

Page 2

Fees
Hours
Request sent to editors for additional materials for book;
Establish short term goals; Further work on manuscript

3.5

Reviewing email communications regarding title for
book; organization for manuscript

3.0

Reviewing email communications with editors; confirm
meeting

1.0

01/08/2013

Meeting in Glencoe with Editors

2.0

01/08/2013

Miles driven @ .56 mile

01/08/2013

Time for travel in automobile

1.5

01/08/2013

Downloading, assembling and organizing contributor
biographies to book from editor emails sent

4.0

Reviewing and editing Jim Bellanca's second revision to
book introduction

2.0

01/09/2013

Transcribing notes from editor-publisher meeting

1.5

01/10/2013

Assembling and organizing manuscript into a WORD file
from 30 + email messages sent in by editors

4.0

Reviewing editor's email messages; further work on
manuscript

1.5

Creating computer files with all separate materials sent in
by editors - stories, biographies, and supplemental material

4.0

Totals

01/01/2013

01/04/2013

01/05/2013

01/09/2013

01/14/2013

01/15/2013

01/17/2013

-

23.52

River Forest to Glencoe - 42 miles

Creating and populating files and a disk of all materials for
book; review email communications with editors
Note: editors specifically say they want publisher to create
disk and files from bulk emails sent in by editors - this is not
what is stated in Agreement

5.0

01/18/2013

Review email messages from editors

2.0

01/22/2013

Email communication with Jim Bellanca in AU

1.0

01/22/2013

Assembling and organizing manuscript into WORD file

4.0

P.:

-) e Ck)iCk R.e4tce0- S'js

James A. Bellanca, Arline Paul, and Mark Paul

Settlement Date April 27, 2013
Account No: Center Book

Page 3

Fees
Hours
Email communications with Ted Lowitz regarding cover for
book - cover presentation # 2

2.0

01/22/2013

Work on editorial contribution

2.0

01/22/ 2013

Email communication with editors regarding book cover

1.5

01/23/2013

Email communication with editors

2.0

01/24/2013

Provide one document (WORD file) and listing for editor's
review; request for additional materials sent to editors

4.0

01/27/2013

Received materials for contributor VJ; review material

2.0

01/27/2013

Received materials for contributor Rubens; review material
and email communication with Rubens

1.5

Assembling material emailed in by editors; 2ndrequest for
missing materials; provide editors with latest manuscript
version in WORD

4.0

Email communication with editors regarding revised Rubens
story; debate about which synthesis to include in appendix

1.5

01/30/2013

Received and review White story, reformat WORD file

2.5

01/31/2013

Review email communications and further assemble materials
and prioritize lists on WORD file

Totals

01/22/2013

01/29/2013

01/30/2013

01/31/2013

01/31/2013

4.0

Received and review Acknowledgements; 3rdrequest for
additional materials (request sent to set up and use Google
Documents to make file transfer easier- request denied by
co-editor, Mark Paul)

1.5

Complete to-date WORD document assembled and emailed
to editors for review; this does not include missing materials

2.0

place in WORD document

2.0

01/31/2013

Review Snippets and quotes

01/31/2013

Email exchanges with editors about PDF files that will not
convert to the WORD program

2.0

Receive and review Kendall story and place in WORD document

1.5

01/31/2013

-

C-, (

(AjfOJt-James A. Bellanca, Arline Paul, and Mark Paul

ct

Settlement Date April 27, 2013
Account No: Center Book

Page 4

Fees
Hours
02/01/2013

Receive and review Fuerstenberg story; place in WORD1.
docu ment1.

02/01/2013

Email communications with Ted Lowitz regarding cover for
book - cover presentation # 32.

2.

02/02/2013

Further review and communication with
editors concerning Ted Lowitz cover proposals

2.0

02/05/2013

Reflow and assemble all materials in the WORD document;
email communication with editors (Jim Bellanca in HI)

5.0

02/06/2013

Receive and review co-editor Arline Paul story; receive and
review contributor biographies from Blair Miller, Perrin, and
Greenblatt

02/06/2013

02/07/2013

02/07/2013

Review and accept final cover selection from Ted Lowitz
(cover accepted via email with editors at 9:49 am)
Incorporating cover on publisher web site; create page for
book on publisher web site; set up links and activate
ecommerce for pre-orders of book
Input book into RR Bowker system; create ISBN and set up
metadlata for book, including BISAC coding and comparable
books

2.0

1.0

2.0

1.5

02/07/2013

Add book image and book info on publisher Facebook page

1.0

02/12/2013

Work on contribution

2.0

02/12/2013

Work on trade catalog, with book on cover and featured in
in a 2-page spread in Spring 2013 catalog - September 2013
pub date established

4.0

02/14/2013

Further work and review of WORD document

1.5

02/19/2013

Further work and review of WORD document

1.5

02/21/2013

Further work and review of WORD document
( 4 th request sent to editors for missing materials)

1.5

Totals

>F-v)TC6T C Cc~jcr&FA&AeS1ESS
02/26/2013

Receive and review Neel biography, Bev Kirk story, and
revision for Arline Paul story - place in WORD document

James A. Bellanca, Arline Paul, and Mark Paul

Settlement Date April 2], 2013
Account No: Center Book

4.0
Page 5

Fees
Hours
2.0

02/26/2013

Email communication with editors
(5threquest sent to editors for missing materials)

02/28/2013

Review Arline Paul piece, place in WORD document;
email and phone consultation with editors; to-date WORD
document sent to editors ( 6t1h request made to editors for
missing materials)

3.0

Receive and review Fuerstenberg biography, place in WORD
document

1.0

Email communication with editors regarding parent
contributions - whether to include or not

2.0

02/28/2013

03/01/2013

03/01/2013

Receive and review Kendall story and Greenblatt biography
(Jim Bellanca sends us attachments of material we already
have

... )

1.5

Work on contribution; place new material in WORD
document

2.5

Receive and review Illinois Legislation regarding Center
education; add Eric Miller story and biography;
receive and review Bill Gregory piece

2.0

Add new materials to WORD document; reflow text; clarify
graduation years for some contributors; email communication
with editors

1.0

Further edits and tweaks to the order of book; email
communications with editors

2.0

Edits and revision to Eric Miller piece from editors via
phone and email

2.0

03/12/2013

Work on revised contribution

2.0

03/19/2013

Work on revised contribution

2.0

03/21/2013

Email communication with editors; further work on
manuscript

2.0

03/05/2013

03/07/2013

03/07/2013

03/08/2013

03/09/2013

Totals

i.

E 4, A 100, 'r C
3S
03/28/2013

W:L('K((L NtX pacss

Email communication with editors; submit Eric Miller story,
accepted by editors
Settlement Date April 27, 2013
Account No: Center Book

James A. Bellanca, Arline Paul, and Mark Paul

2.0
Page 6

Fees
Hours
Email communication with editors; Ted Lowitz cover
rejected by editors ("no eye catch"). From Internet,
editors suggest Type-Writer in Canada and Jamie Kennan
to do cover. Ted Lowitz is not consulted

4.0

In communication email with Type-Writer, co-editor
Mark Paul mentions that subtitle of the book has
changed. This is done without consulting publisher

1.0

Email communication with editors regarding subtitle and
cover design; disagreement ensues - these two things
were clearly established but editors insist on mid-course
correction - extensive email communication

3.5

04/07/2013

Marketing meeting proposed via email to clear the air

1.0

04/11/2013

Publisher creates advance title information sheet,
outline of marketing plan in shorthand to be discussed at
meeting

3.0

04/12/2013

Meeting in Glencoe with Editors

2.0

04/12/2013

Miles driven @~ .56 mile

04/12/2013

Time for travel in automobile

1.5

04/12/2013

Email communication with editors post-meeting

2.0

04/13/2013

Review notes from meeting sent via email from editors

1.0

04/13/2013

Email exchange with editors about cover and marketing plan

2.0

04/15/2013

Email exchange with editors - Keenan offers $1000 for cover
(Type-Writer sends several cover designs - there is no dialog
and they are rejected out of hand)

3.0

Publisher has a phone call with Linda Glass, professional
editor who will work for free: -- she has story in the book.
Publisher sends WORD file to Linda and she is told to proceed
with edits on book

1.0

Totals

03/29/2013

04/03/2013

04/05/2013

04/15/2013

-

23.52

River Forest to Glencoe - 42 miles

"
-A

James A. Bellanca, Arline Paul, and Mark Paul

S

9

tv(W.LYfedc-IC
Settlement Date April 27, 2013
Account No: Center Book

Page 7

Fees
Hours
Email exchange with editors regarding expense associated
with book cover, Publisher against spending $1000 for cover

1.0

Receive and review new web copy and short book
description for the Advance Book Information Sheet
from co-editor Mark Paul. New debate arises on the
structure of the press release and email address to use

2.0

Email exchange with Jim Bellanca where he justifies using
Keenan for $1000 even though s/he has not submitted any
cover designs. Jim will not consider any alternatives.

3.0

04/18/2013

Further email exchanges with editors regarding cover issue

1.5

04/20/2013

Meeting proposed via email to clear the air; review and
receive edited version of WORD document from Linda
Glass

1.5

04/22/2013

Meeting in Glencoe with Editors

2.0

04/22/2013

Miles driven @ .56 mile - River Forest to Glencoe - 42 miles

04/22/2013

Time for travel in automobile

1.5

04/23/2013

Receive and review follow up from meeting. Co-editor Mark
Paul sends Book Promotion PDF

1.0

Receive and review various email lists from editors for
promotion

2.0

Find several errors in WORD document supplied by Linda
Glass. Email exchange with co-editor Arline Paul for fact
checking.

2.5

Email exchange with editors regarding creating page proofs.
Publisher would like to do one more proof with outside editor.
Also eBook can be created from the proofed document.

1.0

Email exchange where co-editor Mark Paul says he wants to
terminate Agreement. Back and forth, and Mark Paul asks for
a list of "sunk expenses" into the project. They will pay me for
these expenses "and publish elsewhere."

1.0

Totals

04/15/2013

04/15/2013

04/16/2013

04/23/2013

04/24/2013

04/25/2013

04/25/2013

23.52

+4 xdtzIS)

____

04/27/2013

IjCKAi4J

___

5.0

Accounting of expenses created by publisher for editors

James A. Bellanca, Arline Paul, and Mark Paul

Settlement Date April 27, 2013
Account No: Center Book

Page 7

Fees
Hours
04/28/2013

217.50

Totals - due on receipt
Hourly rate total

$21,750.00

Mileage total

$

Grand total - remit to above address

$21,750.00

98.08

Totals
94.08

PI Ex. 12-- Defendants' State Court Complaint without Exhibits

IN THE CIRCUIT COURT OF COOK C OUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
~r

)L1

)
)

THE WICKER PARK PRESS, LTD.
and ERIC MILLER, Plaintiffs

~

)

V.

U
03~622 Pi 1: 59

Case No.______

JAMES BELLANCA, ARLINE PAUL and)
MARK PAUL, Defendants)

)

DEMAND FOR JURY TRIAL

VERIFIED COMPLAINT

-

Plaintiffs, by their attorney, Gareth E. Golirad, for their Verified Complaint against the
Defendants, James Bellanca of Glencoe, Illinois, Arline Paul of Highland Park, Illinois,
and Mark Paul of Highland Park, Illinois, state:

PARTIES
1. The Plaintiff, Wicker Park Press, Ltd., is an Illinois Corporation with its office
and place of business located in River Forest, Illinois. Plaintiff Eric Miller, the owner of
Wicker Park Press, Ltd., is a resident of River Forest, Illinois. The Defendants, who acted
jointly in this matter and who, therefore, are named jointly in this Complaint, include the
following: Defendant James Bellanca is a resident of Glencoe, Illinois. Defendant Arline
Paul is a resident of Highland Park, Illinois, and Defendant Mark Paul is a resident of
Highland Park, Illinois.

JURISDICTION AND VENUE
2. This court has personal jurisdiction over the Defendants, pursuant to ICCP §§
2-209 (a) 1 and (a) 7 of the Illinois Code of Civil Procedure (ICCP) 735 ILCS 5/2-209,
because (a) the transactions out of which the causes of action arose occurred in Illinois,
and (b) the Defendants entered into the contract which was substantially connected to
Illinois. The Parties have also agreed by contract to accept the jurisdiction of the courts of
Illinois located in Chicago, Cook County, Illinois, and to accept service of process by
mail [Exhibit A, para. 12].
3. Venue is proper pursuant to CCP § 2-101, 735 ILCS 5/2-l10 1because the
transactions or some part thereof out of which the causes of action arose occurred in
Cook County, Illinois and because the Parties have agreed by contract to the jurisdiction
and venue of the courts of Illinois located in Chicago, Cook County, Illinois [Exhibit A,
Para 121, and because one of the Defendants, James Bellanca, resides in Cook County.

PLAINTIFF'S.
EXHIBIT

2

FACTUAL HISTORY
4. The Wicker Park Press is a small press located in River Forest, Illinois that has
published some award-winning books; its success is predicated on its ability to identify
and obtain the rights to interesting books, to market them successfully at a reasonable
cost, and to locate and exploit different distribution channels for their sale.
5. Defendant James lBellanca is experienced as an author and publisher in the field
of academic publishing.
6. On May 25, 2012, the Defendants contacted the Wicker Park Press about their
idea to publish a book with the Press on the Center for Self-Directed Learning, an
educational program at New Trier High School in Winnetka, Illinois, that existed in the
1970s and early 1980s.
7. On June 30, 2012, at a reunion of New Trier High School graduates, the
Defendants announced their plan to engage the Wicker Park Press to publish a book for
them about the Center.
8. On August 2, 2012 and September 24, 2012, the Defendants furnished the Press
with a number of digital files containing prospective contributions to the Work for the
Press to review.
9. On Septemer 3, 2012, the Wicker Park Press sent the Defendants an unexecuted
copy of its "Author Agreement" for the Work.
10. After over two months of preliminary discussions, the Defendants,
collectively identified as "the Author" or "the Editors," entered into a signed contract
["the Contract," Exhibit A] with the Wicker Park Press ["the Press"] on November 12,
2012.
11. The basic terms of the Contract provide that the Wicker Park Press would
prepare for publication and publish a work by the Defendants, who, as the Editors, would
provide the Press with the individual pieces for the work and the complete manuscript of
the Work itself, while in exchange, the Press agreed to pay the Defendants a royalty on
net sales of the Work [Exhibit A, para. 1, 2, and 5 1.
12. The original title for the Work given in the Contract is The Center for -Sel-fDirected Learning [Exhibit A]; this title would change as the project developed, and
would later become On Becomin2 a Self-Directed Learner.
13. The individual pieces of the Work include essays by individual authors, author
biographies, and related materials, including contributions from celebrities, namely, U.S.
Senator Mark Kirk, Oscar-nominated actress Virginia Madsen, and London-based
orchestral conductor David Abell.
14. The Defendants are also individual contributors to the Work, as is their
attorney in this case, C. Michael Kendall.
15. In the Contract, the Defendants agreed to provide the Press with the individual
pieces for the Work and warranted that in providing all such pieces to the Press, that they
conveyed the rights to all such pieces to the Press. [Exhibit A, para. 4a].
16. By the Contract, the Defendants also conveyed all publication rights, all
subsidiary rights, and all promotional rights to the Work to the Press "for the full term of
copyright in the Work." [Exhibit A, para. 1].

3
17. By the Contract, the Defendants agreed that if they conveyed any Work to the
Press for which they failed to convey the publication rights, they shall indemnify the
Press for any resulting costs and expenses, including legal fees, and that this provision for
indemnification shall survive any termination of the Contract. [Exhibit A, para. 4b].
18. The Defendants warranted that within 30 days of signing the Contract, they
would provide the Press with an assembled manuscript with the pieces to the Work on a
Macintosh formattable disk, in a condition "acceptable to the Publisher in form and
content for publication." [Exhibit A, para. 2a].
19. While the Contract required the Defendants to provide the Press with a copy
of the manuscript of the Work in acceptable form for publication, it also provides the
Publisher with the "right to edit and revise the manuscript to the Publisher's satisfaction."
[Exhibit A, para. 4d].
20. The Parties first met to discuss their progress on the Work on December 14,
2012; on this date, over thirty days after the signing of the Contract, the Defendants still
had not delivered a complete copy of the manuscript of the Work to the Publisher, as
required by the Contract. [Exhibit B, 176 - 179.]
21. After their meeting on December 14, in an email to Eric Miller, Mark Paul
states that "I thoroughly enjoyed the meeting and thought we made a tremendous amount
of progress"; he also recognizes the need to organize the individual essays into a
meaningful "sequence," and refers to "Eric's notes onl the manuscript" as useful for
accomplishing this. [Exhibit B, 1781.
22. In an email to Eric Miller dated December 16, James Bellanca states, "A great
meeting. Very productive," adding that he likes the working title they came up with at the
meeting. [Exhibit B, 175].
23. In an email dated December 17, Eric Miller reminds the Defendants that he
still needs them to furnish him with a copy of the manuscript that includes all
contributions in the same format required by the Contract. [Exhibit B, 168].
24. In other emails between the Parties dated December 2012, Plaintiff Miller
consults with Defendants on the merits and marketability of the proposed title and subtitle, and potential artists to approach for the cover art; during this time. Eric Miller also
corresponds via email with artist Ted Lowitz soliciting his ideas for a cover design.
25. In response to discussions with the Press, artist Ted Lowitz provides the Press
with a set of sketches for cover designs for the Work, which the Parties discuss in a series
of emails in late December and early January.
26. In an email dated December 28, 2012, Eric Miller reminds the Defendants that
he still needs complete author biographies and contact information from them for all
contributors to the Work. [Exhibit B, 149]
27. In an email dated January 1, 2013, Eric Miller reiterates that he still needs a
single unified copy of the manuscript that contains "the complete text" in a single format
on a Mac-formatted disc, as well as all contributor biographies; to this point, the
Defendants have provided him with only piecemeal materials in varying text and
computer formats. [Exhibit B, 146].
28. The lack of uniformity in the materials provided by the Defendants
subsequently requires the Press to do a substantial amount of additional work reviewing
and assembling disparate texts into a single publishable format.

4
29. Over the next four months, Eric Miller and his assistant at the Press spend a
substantial amount of time reviewing, proofreading, editing, and correcting the individual
contributions to the Work, which contain many errors including typos, grammatical
errors, and continuity errors.
30. In an email dated January 4, 2013 to the Defendants, Eric Miller proposes a
meeting to resolve continued disagreement among them over the title. [Exhibit B,
142].
3 1. In an email dated January 8, 2013, James Bellanca sends Eric Miller several
dozen separate and differently formatted attachments with author biographies, although
the Contract requires the Defendants to provide these materials as part of a single
uniform
manuscript. [Exhibit B, 135 - 137].
32. In an email to the Defendants dated January 17, 2013, Eric Miller again
requests "a disk with all the pieces" to the Work, adding, "help with creating the disk
would be crucial for keeping us on track." [Exhibit B, 1311].
33. Defendant Mark Paul responds in an email dated January 17, 2013, essentially
refusing to assemble the various files from the different contributors into a single file
with a uniform format. [Exhibit B, 130 - 1311.
34. In an email dated January 22, 2013, Eric Miller explains that due to Mark
Paul's refusal to assemble the manuscript into a single file and format, he will have
to
delegate this work to his assistant at the Press, an intern he had intended to assign
to other
projects, adding that copyeditor, Linda Glass, is still waiting for the manuscript for
copyediting. [Exhibit B, 128].
35. In an email dated January 23, 2013, Mr. Miller lists the disparate materials he
has received from the Defendants to date. [Exhibit B, 127].
36. In emails dated January 24,2013, Wicker Park Press intern Sarah Patek sends
Eric Miller an inventory of the disparate materials sent to the Press by the Defendants
to
date-thirty-two of the essays have been integrated into a single file with author
biographies, although they have still not been formatted properly; Eric Miller forwards
this list to the Defendants. [Exhibit B, 124 - 126].
37. January 29, 2013: Eric Miller sends the Defendants a manuscript of the Work
in progress in MS-Word format that contains all the materials provided to date; he
points
out that it still is not complete and sends a follow-up email on January 30 with a list
of
what is still missing. [Exhibit B, 118 - 120].
38. In an email dated February 1, 2013: Frustrated with formatting problems
resulting from the Defendants' failure to provide a uniform manuscript, Eric Miller
proposes using Google Docs to assemble the materials for the manuscript.
[Exhibit B,
110, 117].
39. In emails dated February 2 - February 5, 2013: Designer Ted Lowitz
provides the group with a new cover design, which Defendants James Bellanca and Mark
Paul ridicule and reject, although they have no authority to reject or accept it under
the
Contract. [Exhibit B, 99 - 1051.
40. February 24, 2013: in an email to the Press and the other Defendants, Arline
Paul submits her "final" essay for the Work. [Exhibit B, 98].
41. In an email dated February 26, 2013, Eric Miller sends the Defendants an
attachment containing an updated copy of the manuscript for the Work. [Exhibit
B, 93].
42. In an emailI to Eric Miller dated February 28, 2013, Wicker Park Press
assistant Sarah Patek provides an updated version of the manuscript and a list of materials

5
that the Defendants have not yet provided, also noting that C. Michael Kendall's
contribution has been provided in an illegible computer file format; Eric Miller forwards
this email to the Defendants. [Exhibit B, 85 - 86].
43. In an email dated March 8, 2013, Eric Miller asks the Defendants for input on
sequencing for new contributions and informs them that once the order of contributions
has been finalized, he will send the manuscript to the typesetter for uncorrected proofs
and then to Linda Glass for line editing. [Exhibit B, 74].
44. On March 29, 2013, Ted Lowitz sends Eric Miller and the Defendants his
final version of the cover art; James Bellanca and Mark Paul announce that they do not
like it and suggest using world-famous Welsh designer Jamie Keenan for the cover.
[Exhibit B, 66 - 67].
45. In emails dated March 28 and April 3, 2013, Eric Miller expresses his
willingness to obtain a better cover design, but, concerned about the cost of using an
artist like Keenan, suggests several other alternative cover artists. [Exhibit B, 59, 63].
46. In emails dating to the first two weeks of April, intensified disagreement
develops between Defendant Mark Paul and Plaintiff Eric Miller over what cover artist to
use, the cost, and the provisional sub-title for the Work. [Exhibit B, 48 - 58].
47. In an email dated April 6, 2013, Mark Paul requests a meeting to iron out the
disagreements over the sub-title and "design management," although he has no authority
under the Contract to select or impose a design for the Work; he also demands that Eric
Miller produce a marketing plan for the Work, while the Contract gives him no authority
to make such demands. [Exhibit B, 45].
48. With no authorization under the Contract, Mark Paul presents his own
"marketing plan" for the Work and gives instructions to Eric Miller for executing
it, all in
an emailI dated April 13, 2013 -again, Mark Paul has no authority under the Contract to
direct these matters. [Exhibit B, 41 - 42].
49. In an email dated April 13, 2013, Eric Miller responds to Mark Paul and the
other Defendants that money for marketing would be better spent on SF0 work and
Google Analytics rather than the costly print ad in the New Yorker that Defendant Mark
Paul demands. [Exhibit B, 40 -41].
50. On April 14,2013, Mark Paul emails Eric Miller, insisting on a full-length
print ad in the New Yorker, despite asserting in a subsequent email to artist Keenan that
the book is expected to net only $3,000. [Exhibit B, 40].
5 1. April 15, 2013, in response to an email from Mark Paul, Keenan offers to do
the cover design for the Work for $1 ,000, after hearing from Defendant Paul that the
Work is a trade book expected to make only $3,000 in receipts. [Exhibit B, 23, 31, 32,
36].
52. On April 15, 2013, Eric Miller sends the Defendants the schedule for the
copyediting and proofreading of the completed manuscript to be done by Linda Glass.
[Exhibit B, 29].
53. Although all unreasonable delays have been caused by the Defendants, James
Bellanca responds on April 16 with a complaint about the amount of time it is taking to
produce the book; he also attacks Eric Miller's ideas for a different cover artist and insists
on using Keenan. [Exhibit B, 19].
54. Eric Miller's response of April 15 notes that the Defendants have not bothered
to even look at the works of the other cover artists he has suggested [Exhibit B, 19 - 20].

6
55. Seeking a compromise, in an email the next day, Eric Miller offers to use
Keenan for the cover if the Defendants cover $700 of the cost. [Exhibit B, 18].
56. On April 16, Defendant Bellanca sends Eric Miller a hostile email in which he
threatens to use a different publisher for the Work and blames Plaintiff Miller for not
providing a more comprehensive marketing plan, although the Contract does not require
Miller to provide any such plan to the Defendants; dictates that Keenan will be the choice
of the cover for the Work, although he has no authority to make this decision under the
Contract; and- trying to usurp all authority over the publishing of the Work-presents
his own accelerated publishing and marketing schedule for the Work, demanding a large
layout for a work Defendants have said will make only $3,000. [Exhibiti B, 14 - 17].
57. Several days later, Eric Miller answers Bellanca's hostile email by requesting
a meeting to iron out the disagreements that have developed in the past month. [Exhibit
B, 13].
58. On April 24, Eric Miller explains the projected profits and allocaton of
resources for the Work to the Defendants: targeted sales in the first year of $22,250,
including discounts, with 15% of this budgeted for marketing, meaning a budget of
$3,500 for marketing expenses to be spent in the first year of publication; [Exhibit B, 10].
59. Based on customary industry standards and practices, this allocation of 15%
of gross receipts to cover marketing expenses is above average.
60. On April 25, Eric Miller reports that a first round of copy editing of the entire
manuscript has been completed by Linda Glass and that the manuscript probably needs
one more round of proofreading before it is ready for proofs. [Exhibit B, 9].
61. Mark Paul fires off a response to Eric Miller on the same day to terminate the
contract, citing "dissatisfaction with the fulfillment of your responsibilities in a timely
manner." [Exhibit B, 8].
62. Most published books take 12 to 18 months from the signing of a contract to
actual publication while collective works like this can take even longer [Perle &
Williamson on Publishing Law, Walters Kluwer, Aspen Publishers: 2010, § 2.08]: the
Wicker Park Press was on schedule to publish On Becoming a Self-Directed Learner well
within the originally anticipated time frame.
63. Eric Miller explains to Mark Paul on April 25 that if the Defendants wish to
terminate the Contract, their Contract requires them to reimburse Wicker Park Press for
"4all costs and expenses" incurred, which includes time and labor spent preparing the
Work, also pointing out that Defendants' timing is odd, since the galleys are just "coming
up" for proofs. [Exhibit B, 7 - 8].
64. In response, the Defendants send Eric Miller an email stating: "As per the
termination statement, upon receipt of itemized reimbursement of your sunk costs to this
date, we will make payments so that we may publish elsewhere." [Exhibit B, 7].
65. Eric Miller prepared an itemized bill [Exhibit C] detailing his costs and
expenses for work on this project and sent it to the Defendants in a letter and to
Defendant James Bellanca in an email dated April 29. [Exhibit B, 4].
66. Rather than pay Eric Miller the termination fee required by the contract,
Defendants made false allegations regarding vague "promises" Mr. Miller supposedly
made [Exhibit B, 4], and hired an attorney, C. Michael Kendall, a contributor to the
Work, in order to avoid having to pay Mr. Miller and the Wicker Park Press what they
are owed under the Contract.

7
67. After nearly two months of fruitless settlement negotiations in which the
Defendants made only nominal bad faith offers to resolve the dispute, Eric Miller decided
to file this Complaint.
68. The Defendants retain a complete copy of the manuscript of the Work
prepared by the Press and provided to them for input by Eric Miller on March 30,2013.
69. On July 6, 2013, Eric Miller found a Facebook Posting on the Center's
Facebook page made by Defendant Mark Paul dated June 20, 2013 in which he
announces that the Defendants plan to publish their own version of the Work to be titled
BecomingSelf-Directed Learners, under the imprint the "Off Center Press." [Exhibit
E,
I1].
70. In response to said Facebook post, on July 8, Gareth Gollrad mailed opposing
counsel C. Michael Kendall a cease-and-desist letter insisting that the Defendants refrain
from attempting to publish any competing works or advertisements for competing works
until the legal dispute over the Work can be resolved. [Exhibit F].
7 1. Kendall responded with a refusal on his clients' behalf.
72. In a letter to opposing counsel dated July 19, 2013, Attorney Gollrad
demanded that Defendants return all copies of the manuscript of the Work prepared by
the Wicker Park Press still in their possession to the Wicker Park Press. [Exhibit D].
73. The Defendants, by way of their counsel, have not responded to Attorney
Gollrad's request to return the manuscript and have thereby refused to return any copies
of the manuscript to their rightful owner, nor have they taken down the announcements of
their competing work.
74. On July 9, 2013, Arline Paul posted twice to the Center for Self-Directed
Learning's Facebook page a set of false and misleading statements about the Defendants'
"termination" of their Contract with the Wicker Park Press and the generation of their
new version of the Work, including erroneous legal conclusions. [Exhibit G, 1, 2, 5 - 8.
75. The Facebook Page referred to in Para. 69 - 74 bears the full title "New Trier
East - Center for Self-Directed Learning 1972-1982." Members of this Facebook page
comprise the core public audience for the Work to be published by the Wicker Park Press
under its Contract with the Defendants. The setting for this Facebook page is "private" in
that it is limited to members of the Facebook group, but is clearly public to members of
that group.
76. Defendant Arline Paul's Facebook post of July 9, 2013 also announced
forthcoming information regarding Defendants' planned competing version of the Work.
[Exhibit G, 1].
77. In response to Defendants' Facebook postings, Eric Miller posted on July 10
to explain that, barring a proper termination of his contract by the Defendants, the Wicker
Park Press still intends to publish the book and still retains rights to the Work. [Exhibit
E,
2].
78. Various responses to the Facebook postings indicate that the reputation of Eric
Miller and the Wicker Park Press suffered damage as a result and that some potential
purchasers of the Work would refrain from purchasing it as a result. [Exhibits E and G].
79. Arline Paul's Facebook posting of July 9,2013 also falsely implies that the
publication of the Work is not subject to any ongoing legal dispute, and therefore falsely
insinuates that the Wicker Park Press no longer holds any rights to the Work, as also
stated directly by Mark Paul in his Facebook posting of July 6, 2013. [Exhibits E and G].

8
80. In an email to Eric Miller dated July 15, 2013, designer Ted Lowitz asked the
Wicker Park Press to take down from its Web site the images that he had provided for the
cover to the Work; he made this request despite the Defendants' repeated trashing of his
work in their correrspondence with Eric Miller and despite their marked preference to use
Keenan as the designer for the book's cover art; he clearly states that he makes this
request as a result of the Facebook postings about the dispute over publication of the
Work. [Exhibit H].
8 1. On July 27, 2013, Eric Miller received an email from Doug Gregory stating
his intent to withdraw his permission conveyed to the Press to use his contribution and to
reserve that permission solely for the work planned by Mark and Arline Paul. [Exhibit 1].
82. On July 27,2013, Eric Miller received an email from Melissa Perrin stating
her intent to withdraw her pemnission conveyed to the Press to use her contribution and to
reserve that permission solely for the work planned by Mark and Arline Paul. [Exhibit J1.
83. On July 27,2013, Eric Miller received an email from Sylvia Fuerstenberg
stating her intent to withdraw her permission conveyed to the Press to use her
contribution to the Work and to reserve that permission for the work planned by Mark
and Arline Paul. [Exhibit K].
84. On July 27, 2013, Eric Miller responded by email to each of the three
correspondent-contributors, explaining that the rights to the Work are still subject to a
legal dispute, that the Defendants conveyed the rights to all contributions to the Wicker
Park Press and warranted the validity of those conveyances, and that until this legal
dispute is settled, is not prepared to release any rights to individual contributions or honor
any requests or demands to abandon permissions or rights to publish individual
contributions previously conveyed to him by the Defendants. [Exhibit L].

COUNT 1
BREACH OF CONTRACT: IMPROPER TERMINATION
85. This section incorporates by reference paragraphs 1 through 84 of this
Complaint.
86. The Parties entered a valid contract based on offer and acceptance, and
supported by mutual consideration, and signed by them on November 12, 2013.
87. Prior to signing, the Parties reviewed and negotiated the terms of the Contract
for a period lasting nearly two months.
88. The written form of the contract indicates that specific terms were negotiated,
showing a number of additions and omissions by mutual agreement of the Parties.
89. The Defendants first committed a number of immaterial breaches of the
contract, most glaringly in their repeated failure to provide their Publisher with a
uniformly formatted manuscript "acceptable to the Publisher in form and content for
Publication." [Exhibit A, para. 2a].
90. Leading up to material breach, the Defendants also committed a series of
immaterial breaches of the contract in attempting to assume authority over matters
regarding marketing and promotional rights to the Work, rights which they had granted
without limitation to the Wicker Park Press. I-Exhibit A, para. Ic].
91. Paragraph 2g of the Contract reads in its entirety: "If this Agreement is
terminated, the Publisher shall have the right to recover from the Author [i.e., the

9
Defendants] any and all costs and expenses incurred by it in connection with the Work.
Until such reimbursement, the Author shall not allow the Work to be published
elsewhere; but once the Publisher's costs and expenses have been repaid, the Publisher
and Author shall have no further liability to each other hereunder." [Exhibit A].
92. At Defendants' request, Eric Miller sent the Defendants' the Press's bill for
services it rendered to them up to termination; this bill is dated April 27, 2013, and it
provides an itemized bill for all costs and expenses in the amount of $21,750 for 217.50
hours of labor billed at the rate of $100 per hour. [Exibit B].
93. This bill is for a reasonable sum, in consideration of Plaintiff's time and labor
expended on the project.
94. Upon receipt of the bill, rather than pay the Wicker Park Press's costs and
expenses, the Defendants hired counsel C. Michael Kendall, who subsequently signaled
their refusal to pay and later offered only a nominal sum in a farcical settlement offer
dated July 15, 2013.
95. The preceding constitutes a major failure to perform and a substantial breach
of the Contract on the part of the Defendants.
96. The Defendants' timing in moving to terminate the Contract just as it was
moving forward to completion at the stage of proofs, their wildly divergent claims about
expected sales, their aggressive attempt to dictate a marketing plan to the Press in an
effort to get the Press to make unreasonable marketing expenditures, all indicate bad faith
on the Defendants' part in acting to terminate their Contract with the Press, especially
insofar as, after indicating their intention to terminate the Contract, they retained a digital
copy of the nearly completed manuscript containing the results of the Press's work and
refused to return the manuscript following their advertisements to publish their own
edition of the Work.
97. While the Defendants have "terminated" the Contract, their termination is not
effective until they comply with the terms they agreed to in the Contract's Termination
Clause.
98. The Wicker Park Press has performed everything it was obligated to perform
to date, is ready to perform any of its other obligations under the Contract, and otherwise
complied with all terms of the Contract.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) Based on Plaintiff's expectation under the Contract. either:
(a) $25,000 as a reasonable calculation of expected sales of the Work; or in
the alternate,
(b) $21 ,750 as Plaintiff's reasonable and foreseeable expectation under the
Contract's provision for Termination by Defendants; or
(2) In the alternate, based on Plaintiff's reliance on the Contract, $21,750 for
Plaintiff's total costs and expenses in reliance on the Contract as protected by

10
Contract's termination provisions, plus lost profits of $11I,500, for a total of
$33,250; and
(3) Such relief as this Court deem just and proper, including attorney's fees and
costs and any other appropriate relief.

COUNT 2
BREACH OF CONTRACT: BREACH OF COVENANT NOT TO COMPETE
AND UNFAIR COMPETITION
99. This section incorporates by reference sections 1 through 98 of this
Complaint.
100. Paragraph 9a of the Contract, on "Competing Works," states in relevant part:
"The Author, during the term of this Agreement, shall not, without the written permission
of the Publisher, publish or furnish to any other publisher, for sale or trade or otherwise,
any material taken from or based on the material in the Work, or any work or material
upon the same subject, that might compete with the sale of the Work." [Exhibit A]l.
101. By advertising on the New Trier East - Center for Self-Directed Learning
Facebook page their plans to publish a competing work titled, Becoming Self-Directed
Learners, and stating openly that they have begun work on the manuscript, the
Defendants have violated their covenant not to compete with the Work to be published
under their Contract with the Wicker Park Press. [Exhibit A].
102. Violation of this covenant not to compete in the Contract:
(a) comprises a material breach of the Contract and signals the Defendants' bad
faith in terminating the Contract merely to publish the Work themselves, to deprive the
Press of its expectancy in profits under the Contract, and to keep all the profit from the
Work for themselves; and
(b) also constitutes the tort of unfair competition as a breach of a valid restrictive
covenant.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $11,500 for breach of the covenant not to compete; and
(2) $11I,500, plus disgorgement of any profits, for engaging in unfair competition,
and
(3) Such additional relief as this Court deems just and proper, including attorney's
fees and costs and any other form of relief appropriate to this case, including
punitive damages for Defendants' inequitable conduct.

I1I
COUNT 3
BREACH OF CONTRACT: BREACH OF WARRANTY OF CLEAR
CONVEYANCE
103. This section incorporates by reference sections 1 through 102 of the this
Complaint.
104. In paragraph 4a of the Contract. the Defendants warrant that they are the sole
owner of all rights granted therein to the Publisher, that they have "full power and
authority to enter into this Agreement, to perform the obligations to be performed by
Author [them] hereunder and to grant the rights herein granted, which rights the Author
[they]I warrants have not been previously assigned, transferred, pledged or otherwise
encumbered"; and that "the Work [ ... ] does not infringe any copyright, unfairly compete
with any other work, is not libelous or obscene, and does not invade any right of privacy,
publicity, , or any other personal or property right of any third party," etc. [Exhibit A].
105. The aforementioned section of the Contract also includes the sentence: "The
foregoing warranties, representations, and indemnities shall survive the expiration or
sooner termination of this Agreement." [Exhibit A].
106. Paragraph 4b of the Contract provides that the Defendants shall indemnify
the Wicker Park Press "in the event of any claim, action or proceeding based on or
arissing from any alleged breach of any of the warranties or representations set forth in
Paragraph 4a." [Exhibit A].
107. Since the Defendants signaled their intention to terminate the Contract and
refused to do so properly, and since posting on Facebook misleading statements about the
Contract's termination, both the artist Ted Lowitz and several contributors of some of the
essays for the Work have informed the Wicker Park Press that they withdraw their
permission to the Press to use their contributions: as a result of these acts, the Defendants
are in material breach of the provisions of the warranties quoted in Paragraph 104 of this
Complaint and must indemnify the Plaintiff for any loss of value and opportunity
incurred by the Press for their breach of these warranties.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $4,000; and
(2) Any other form of relief this Court deems just and proper, including attorney's
fees and costs, and punitive damages for Defendants' inequitable conduct.

COUNT 4
PRIVACY TORT: PUBLICATION PLACING PLAINTIFF IN A FALSE LIGHT
108. This Section incorporates by reference paragraphs 1 through 107 of this
Complaint.
109. In her Facebook posting of July 9, 2013, Defendant Arline Paul writes: "This
is Arline and Jim with an update on the Center book, which is now titled 'Becoming SelfDirected Learners, Student & Faculty Memoirs of An Experimenting High School 40

12
Years Later.' We're sorry to say there was a parting of ways between us and Eric Miller's
Wicker Park Press, but the split has set the stage for the rebirth of Off Center Press,
which we reluctantly put together after we terminated our relationship with Wicker Park
Press. Off Center Press will publish the only authorized and complete edition of the book;
Wicker Park Press no longer has the right to publish the early draft of the manuscript in
its possession." In a later segment of the same posting. Ms. Paul also writes, "accept no
substitutes." [Exhibit G, 1]i.
110. The preceding quotation from Arline and James Bellanca publishes false and
misleading information and places the Plaintiffs Eric Miller and Wicker Park Press in a
false light by making the following false statements or insinuating the following false
information:
(a) that the Defendants' termination of their Contract with the Wicker Park
Press has been completed and is effective, which, according to their Contract's
termination clause, it is not;
(b) that any legal disputes regarding rights to the Work either do not exist
or have somehow been resolved, whereas Defendants knew that a legal dispute
over the Work exists and has not yet been resolved;
(c) that any forthcoming competing version of the Work advertised here
by Defendants is somehow "the only authorized and complete edition of the
Work;" whereas the termination and anti-competition clauses of the Contract
indicate that such a competing publication is not authorized and cannot be the
only authorized edition of the book unless or until the current legal conflict is
resolved;
(d) that the Wicker Park Press "no longer has any right to publish the early
draft of the manuscript in its possession," as though the Defendants prepared the
manuscript of the Work for the Wicker Park Press, and not vice-versa as the facts
exhibited here show, and as though the rights to the Work were no longer subject
to an ongoing legal dispute.
I111. The preceding false and misleading statements were widely disseminated to
the 183 members of the Facebook page titled New Trier East - Center for Self-Directed
Learning 1972 - 1982, which comprises the core audience for the Work.
112. The preceding false and misleading statements are highly offensive in that
they improperly insinuate that Eric Miller and the Wicker Park Press did something
wrong or were somehow inadequate in their handling of the publication of the Work.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $10,000; and
(2) Any other form of relief this Court deems just and proper, including attorney's
fees and costs.

13
COUNT 5
DEFAMATION: LIBEL PER SE
113. This section incorporates by reference paragraphs 1 through 112 of this
Complaint.
114. Arline Paul and James Bellanca's statements about Eric Miller and the
Wicker Park Press quoted above in para. 109 and 110 include false statements.
115. These false statements made by the Defendants were published by them to at
least 180 others when posted by them on the New Trier East - Center for Self-Directed
Learning 1972 - 1982 Facebook page.
116. The publication of these false statements by the Defendants was willful and
malicious, as they knew at this point that their Contract with the Wicker Park Press had
not been effectively terminated and, along with the rights to the Work, is still subject to
an ongoing legal dispute and that therefore their planned book is not the "only
authorized" edition, and they therefore falsely meant that the Work developed and
planned by the Wicker Park Press is somehow illegitimate and not "authorized." [Exhibit
G, 1].
117. The statements in these postings falsely suggest that the Wicker Park Press
failed to perform its obligations under the Contract, in particular by falsely stating that
the Wicker Park Press "no longer has the right to publish" the Work and that the Off
Center Press "will publish the only authorized and complete edition of the book," despite
the Defendants' failure to properly terminate their obligations under the Contract.
fExhibit G, 11.
118. The aforementioned statements by the Defendants harm Eric Miller in his
profession by falsely stating or insinuating that he has somehow failed to perform under
the Contract and by denying his as yet unextinguished expectancy under the Contract to
publish the Work and enjoy a substantial portion of its profits; readers of these phrases
are misled to conclude that Eric Miller has no rights to publish or promote the Work, can
publish only an unauthorized or illegal version of the Work, and can only publish or
promote a version of the Work that will cause a legal dispute rather than one that is
already subject to a legal dispute arising from the Defendants' bad conduct.
119. The content and assumptions in the Defendants' statements referenced in
para. 109 and 110 are harmful to the business reputations of Eric Miller and the Wicker
Park Press especially insofar as:
(a) they encourage others to falsely believe that Eric Miller is a bad actor or a
dishonest business person when he states that the Contract has not been properly
terminated by the Defendants and that the Wicker Park Press therefore still holds rights to
the Work;
(b) and insofar as they mean, falsely, that the Wicker Park Press did not itself
produce the Work that Defendants purport to be preparing in its entirety, falsely
attributing the production of the manuscript to themselves and denying the Press's critical
role in assembling the manuscript and preparing it for publication;
(c) and insofar as they misleadingly state and insinuate that Eric Miller and the
Press were somehow incompetent by failing to fulfill their obligations under the Contract,
and in somehow causing the current legal dispute-which is patently false.

14
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $30,000; and
(2) Any other form of relief this Court deems just and proper, including attorney's
fees and costs, and punitive damages for Defendants' inequitable conduct.

COUNT 6
TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC
ADVANTAGE
120. This Section incorporates by reference para. 1 through 119 of the current
Complaint.
121. By obtaining the rights and permissions to the individual pieces of the Work
and conveying them under the Contract and its warranties to the Wicker Park Press, by
allowing the Press to acquire these rights and giving it possession of the individual
contributions for publication, a valid business relationship was created between the
Wicker Park Press and the individual contributors to the Work.
122. The Defendants knew that a business relationship existed between individual
contributors to the Work and the Press because they helped forge this relationship by
obtaining rights and permissions from individual contributors and then in turn by
conveying those rights to the Wicker Park Press by way of the Contract and its
warranties.
123. The Defendants intentionally interfered with the Wicker Park Press's
business relationship with the individual contributors to the Work by advertising their
plan and efforts to publish a competing work and by their other statements on the Center
Facebook page, referenced in para. 109 to 119 of this Complaint.
124. On information and belief, Defendants, either directly or indirectly through
their counsel, also intentionally interfered with the Wicker Park Press's business
relationships with certain individual contributors [Exhibits H, 1,J, and K] to the Work by
way of private communications with them asking them to write to the Press to withdraw
permissions and rights granted to their individual pieces, as referenced in para. 80 - 84 of
this Complaint, thereby inducing these contributors to terminate their business
relationship with the Press.
125. The requests referenced in para. 80 to 84 damage the business expectancy of
the Wicker Park Press by denying its right to publish the integral Work that it prepared
under the Contract and to which it had been granted all publication, subsidiary and
promotional rights; the Press is thereby deprived of its expectancy under the Contract.
126. The Wicker Park Press's expectancy under the Contract is estimated at
$11I,500 in net profit for the first year of publication, $5,000 for the second year of
publication, and $3,000 for the third year of publication. These figures are consistent with
the Press's sales of other books that it publishes and with its assessment of the market for
the Work based on various facts including the fact that several contributors to the Work
have celebrity status.

15

Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $19,500; and
(2) Such relief as this Court deems just and proper, including attorney's fees,
disgorgement of profits, and punitive damages for Defendants' inequitable
conduct.

COUNT 7
COMMON LAW MISAPPROPRIATION
127. This section incorporates by reference para. 1 through 126 of this Complaint.
128. Eric Miller and the Wicker Park Press have made a substantial investment of
time, effort and money in creating the manuscript of the Work and preparing it for
publication and should be entitled to reap the benefits of their investments.
129. Whether by retaining it or by copying it, the Defendants have appropriated
the manuscript of the Work prepared by the Wicker Park Press, with all of the attached
rights that they had granted to the Press, at little or no cost, such that Defendants have
reaped where they have not sown, or where they have sown very little;
130. The Defendants act of misappropriating copies of the manuscript of the
Work have injured the Wicker Park Press by depriving it of its expectancy under the
Contract, and this lost expectancy exists in terms of (a) the expectancy of profit by sales
of the Work as the sole publisher holding publication rights to the Work; and (b) its right
under the Contract to recover from the Defendants all costs and expenses it has made in
producing the manuscript of the Work, a loss bound up in possession of the Work and in
the rights to it, which Defendants to date have refused to reimburse.
13 1. On information and belief, Plaintiffs allege that Defendants'
misappropriation of the manuscript of the Work and the Work itself has been willful and
malicious.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $30,000; and
(2) Any other form of relief this Court deems just and proper, including attorney's
fees and costs, and punitive damages for Defendants' inequitable conduct.

16
COUNT 8
QUANTUM MERUIT
132. This section incorporates by reference para. 1 through 13 1.
133. Should the Court find for any reason that the Contract between the Parties or
any relevant part of it is not valid or enforceable in any way that would dismiss any or all
of Plaintiff's claims against the Defendants for breach of contract in any or all of Counts
I through 3 of the current Complaint, Plaintiffs plead in the alternate, to breach of
contract to recover damages, under a theory of quantum meruit and restitution for unjust
enrichment.
134. The Plaintiffs have provided valuable services to the Defendants for which
the Plaintiffs are entitled to compensation.
135. The Defendants voluntarily accepted the benefits of the services of Eric
Miller and the Wicker Park Press, services provided in lengthy consultations with
Defendants and in reviewing, assembling, editing, and preparing the manuscript of the
Work for publication and in providing other analysis and preparations.
136. The fair market value of the services the Plaintiffs have provided to the
Defendants is $21,750.
137. The Plaintiff has been damaged in the total amount of $21,750 by the
Defendants' failure to make equitable payment for the timely fair market value of the
services rendered by Plaintiffs to Defendants.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $21,750; and
(2) Such additional relief as this Court deems just and proper including attorney's
fees and costs, and punitive damages for Defendants' inequitable conduct.
COUNT 9
RESTITUTION FOR UNJUST ENRICHMENT
138. This section incorporates by reference para. 1 through 137.
139. Again, pleading in the alternate to any or all breach of contract claims
presented in this Complaint:
140. The Defendants have unjustly retained copies of the manuscript of the Work
prepared by the Wicker Park Press, and have unjustly retained the benefits of the lengthy
work done by the Wicker Park Press in preparing the Work for publication, including
their attempt to unjustly seize control the rights to the Work which they had granted to
the Wicker Park Press.
141. By unjustly retaining copies of the manuscript of the Work prepared by the
Wicker Park Press, unjustly retaining the benefits of the services rendered by the Wicker
Park Press in preparing the Work for publication, and in unjustly claiming the rights to
the Work, which they had previously granted to the Wicker Park Press, the Defendants
have retained benefits to the Plaintiffs' detriment.

17
142. The Defendants' retention of these benefits provided to them by the Wicker
Park Press violates the fundamental principles of justice, equity, and good conscience.
Wherefore the Plaintiffs, the Wicker Park Press, Ltd. and Eric Miller, request that
this honorable court provide the following relief:
Enter a Judgment in favor of the Plaintiffs, the Wicker Park Press, Ltd. and Eric
Miller, and against the Defendants, and award damages as follows, plus costs:
(1) $30,000; and
(2) Such additional relief as this Court deems just and proper including
attorney's fees and costs, and punitive damages for Defendants'
inequitable conduct.
Maximum total claim for monetary damages for Counts I through 9: $150,000.
PLAINTIFF DEMANDS A TRIAL BY JURY.

Respectfully submitted,
Gareth E. Gollrad, LLC
For Plaintiffs: Wicker Park Press, Ltd. and Eric Miller

by:
Gareth E. Gollrad
Attorney for Plaintiffs

Gareth E. Gollrad
GARETH E. GOLLRAD, LLC
1338 W. Madison Street, 3E
Chicago, Illinois 60607
Telephone: [phone]
Attorney No. 46626

18
VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of
Civil Procedure, the undersigned Attorney for Plaintiff, Gareth E. Golirad, certifies that
the statements set forth in this instrument are true and correct, except as to matters therein
stated to be on information and belief, and as to such matters also, the undersigned
certifies as aforesaid that he verily believes the same to be true.

Attorney for Plaintiff, Attorney No. 46626
Gareth E. Golirad, LLC

PI Ex. 13-- Comments Made by Miller on the Center for Self-Directed
Learning Facebook page

New Trier East - Center for Self Directed Learning 1972-1982

Page 9of 15

=Michael jonscher Cool..Rock Pages. to have been
the
Proud

New Trier East - Center for Self Directecatrlnqdi829dft

Home

Find Friends

Mike

3uly at 9:51pm viaemai , Like
9

IWrite a comment..
Prev Evr t. puvi

Audrey Antler

~Ilorraine

Like ,Comment ,Foflo Post -September 5,2010 at 10:26pm
q people like this.

Seen 151
by

View 15more comments

SHunter Schultz Tallahassee, FL.
https:Iwmv.facebook.coni/april.cook.90226fref ts
October 19, 2012 at 9:43pm ,Like , 1

[UAudrey Antler i wrote her aprivate message but the never
P1responded
July 9 at 11:46am Like

*rWrite a comment.
P-m ErtS tv pwt.

Mark Paul uploaded a file.
Centerites-

We're publishing Becoming Self-Directed Learners under our own imprint,
Off Center Press, and it will come out in September as planned. Well
soon have a web site where you can place orders.
In the meantime, here's a thumbnail of the cover and a brief description
we're using to introduce the book to the world. And incidentally, if you
know of any media that would be interested in spreading the word about
the book, please forward your suggestions to [e-mail].
It's comingl
Jim Bellanca & Arline Arline Paul
Becoming Self-Directed Learners
Student &Faculty Memoirs Of An
Experimenting High School 40 Years Later
Edited by James Bellanca, Arline Paul, and Mark Paul
In 1972, an intrepid group of teachers and students at New Trier High
School (Winnetka, IL) formed the Center for Self-Directed Learning. Each
student would design their own program instead of following the daily
grind of standardized courses with off-the-shelf textbooks, canned
lectures, and, of course, the all-important final exam.

hftps://www.facebook.com/

EPLA~INTF
EXHIBIT

11/18/2013
11821

Page 10 of 15

New Trier East - Center for Self Directed Learning 1972-1982

the plunge into the unknown during the
IJ~A~
New Trier East - Center far Self DAM fl "
Center's 10 years. And now, about 40 years later, more than 35 Center
graduates look back on their experience, each of them writing about why
they left the standard curriculum and joined the Center, what they did in
the Center, and how the Center has affected their adult lives.

Home

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Mike

Although there are shelves of books on the general subject of high
school reform, On Becoming a Self-Directed Learner isbelieved to be the
only in-depth and long-term report written by the students who actually
reformed their high school experience, and from a middle-aged
perspective when they can clearly see the arcs of their careers and lives.
These autobiographical sketches provide a rich source of data on the
lifelong effects of deeper learning.
Among the graduates who contributed memoirs are Sen. Mark Kirk (R-IL)
and Oscar-nominated actress Virginia Madsen.
Notable but less celebrated graduates who contnibuted memoirs include a
woman who taught herself calculus using a French textbook and isnow a
quantum physicist based inAustralia, an Air Force Academy graduate
and fighter pilot who retired as a full colonel, an established Londonbased orchestral conductor, and several university professors and
administrators.
Also providing accounts are a lead teacher who has founded a K-8 school
within the Denver school system built largely on Center principles, the
head of UCLA's sculpture department, and a professor who teaches
epidemiology, population health, and medical humanities at the Baylor
University medical school, as well as psychiatry and behavior science at
the Duke University Medical Center.
The book opens with essays by key faculty members James Bellanca, Bill
Gregory, Vernoy Johnson, Bev Miller Kirk, and Arline Paul.
self directed 5.pdf
Preview' Download ' Upload Revision
Follow Post -June 21 at 6:49pm
Seen 125
by
10
people like this.
Press?
also,
McLeod ??? What happened to Wicker Park
please fact-deck that there were final exams at the time the Center
of
doesn't
was established. I have a weak memnory; indlude finals. Best
lock and looking forward to the booki
,2
June 21at 9:34pm ,Like
Fuerntenberg love it!
June 21 at 5:37pm ,Like
Yes!
Remke Off Center Press.
June 21 at 9:59pm ,Like

Like ,Comment

hPaula

USylvia
OSara

the
wait
it!
*Ellen
Spier Trotochaud Can't to see Theimpact Center
hadon my life was immense and t am sohappy others canknow
about it.
June 21 at 11:44pm viamobile, Like

EDiana

Lourenco Hill will enjoy hearing how others look back oa
their experience at the Center and how it has impacted their lives!I
an
appreciate my experience more and mome I look around at what we
are offering our kidnthese days..
June 22at 9:43am ,Like ,1

EMichael

Flatley I never knew that Mark irk the senator isthe
same Mark irk from NTti Also, I was16when I joined the Center.
and
Bellanka, Paul Johnson were around 40years mysenior at that
point. I amnow 54, indicating most of youfaculty are inyour early-tuto
mid '9s. And you're still very high-functioning. Way go!
June 24 at 11:05am ' Edited , Like'I

2David
E

ic
Spier Ei Lincoln Miller

holds the rights to the
Eric Lincoln Miller The Wicker ParkPress
work, which will hetitled, OnBecoming a Self-Directed Leamer.
Press publish afirst edition sone time in the nest two
will
Wicker Park
or three mouths.
t12:5 m Like

Write acornmeal..
Pr-s rrnr Wo
pea

Kevin Horan-Bussey

hftps://www.facebook.com/

Chat

11821
11/18/2013

Page 7of 15

New Thier East - Center for Self Directed Learning 1972-1982

Sarnie Norman
New Trier East - Center for Self Drected aric17-92om
enrte, Ilrry Neil.
Uass
o 19/7
Please click through to his page and "like' it.
Liking this post will not help anything.
Please click on his photo here, and like the page itself.

Fndreds

Mk

ELaw

Office of Barrington R.Neill
legal
Barrington R.Neilprovides exceptio~nal services at a reasonable
practice
cost, including no charge for initial consultations. Mr.Neil's
covers injury ciaims, criminal defense, successions, anduncontested
divorce, Hepractices in eaton Rouge,
Professional Services: 149 like this

,July 11 at 3:38pmn Saist Petersburg, FL
near
Like ,Comment ,Follow Post
Seenb14
*

W-o

mWtoP.t

Eric Lincoln Miller
Mrs. Paul is spreading misinformation here about ownership of the rights
to this book. The Paul's and Mr. Bellanca have not properly terminated
their contract with Wicker Park Press, They have granted all the rights to
the Wicker Park Press and the contract is still in force. Unless or until
they do properly terminate their contract, Wicker Park Press holds all
rights to the work, as granted to the Press by the Editors under their
contract. Neither Center Press nor the Paul's have any right to publish
"On Becoming a Self-Directed Learner" under this title or any other, and
in any version. Only the Wicker Park Press currently holds these rights.
The Wicker Park Press will come out with its edition of "On Becoming a
Self-Directed Learner" in the next two to three months.
Like ,Comment ,Follow Post ,July 9at 8:29pm

July 9 at 8:32pm ,Like6

IJohn

Yaworsky Alegal battle? Doesn't sound very center-ish.
rnobile ,Like ,5
July Sat 8:39pm yea

*Karla
Steffens-Moran I agree with Christopher Fithenry Rotding's
comment in the hopes that mutually agreeable solution is foundand without involving sone kind of arbitnation. I believe in the fine
reputation, good hearts andintegrity of all parties to do just that.
Out.
Peace nono
mobile ,Like, 3
July 9 at 8:41pm yea

E

Christopher FitzHenry Robling i remiember operating by
consensus in 72-73. it wanreally slow and painful, cheers,c
July 9 at 8:41pm ,Like *6

whatever the dispute isabout this
& Diane Stern Smith Really? Eric
does not reflect well to put up apost with thin tone to it. Not how I
the
remremeberCenter.
July 9Sat 9:02pm viamobile ,Like', 3
Carol Lavelle Without knowing tee details of the 'fallout' I gotta
sayI appreciate Eric's
comment. A contract is acontract in a
contr'act...to protect everyone involved. To protect Wicker Park
Press
aswell as everyone else.
you
It isa shame when sonmeone look up to starts behaving illegally
haha...even when you want there to hein the right (I'm not talking
WWP
here).
July 9at 9:09pm 'Like'
1
Railell A pointless lgal squabble that could end up splitting
families andcommunities? Thats the North Shore that I remrember.
Gofar it kids, and remnember, only people who will behurt, are
the
yourselves.
July S at 9.J7prr , Like,5

*Nick

*Karla Steffens-Moran I believe Eric's
follow up wasappropriate
given the number of queries following Arline's post that not only
mentioned the falling out but also illrcited anumber of questions about
prepayments to Wicker Frens. was setting the record straight.
He
Clearly let usnot eddfuel to the tire byfurther pointing fingers. Let us
encourage dialogue verses sides. Squabbles--Ingal or otherwise-happen in each our lives. Not just ontrn North Shore. It is a human
of
conversation that work the
thing. Letusencourage carrassion and
problem and seek a solutionnxoKarla
July 9 att
1031pm viamobile , Like ,3
*

hftps://www.facebook.com/

Karla Steffens-Moran Compassion.

Chat

11/18/2013

PI Ex. 14-- October 29, 2013 Screen Grabs from Miller's Website

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In 1972. New Trier East High School in Winnetka,lIIinois

_
started a school-within-a-school

called

The Center for Self-Directed Learning. With parent's written permission, students from
sophomore-to-senior

years could design their own curriculum. forego grades and tests, and

become part of a vital community of learners who would explore how they learned best on an
individual level. and even determine what it was they wanted to learn.
On Becoming a Self-Directed Learner provides a blueprint for high schools today searching for
ways to imple

ent th is type of self-regulating, high-engagement

program.

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In 1972, New Trier East High School in Winnetka, Illinois started a school-within- aschool called The Center for Self-Di rected Learning. With parets wnitten..

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