J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 87

MOTION for Partial Summary Judgment. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. Responses due by 1/25/2013(Chattoraj, Partha)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
J.T. COLBY & COMPANY, INC. d/b/a
BRICK TOWER PRESS, J. BOYLSTON &
COMPANY, PUBLISHERS LLC and
IPICTUREBOOKS LLC,
Plaintiffs,

Case No. 11-cv-4060 (DLC)
NOTICE OF MOTION FOR
PARTIAL SUMMARY JUDGMENT

-againstAPPLE INC.,
Defendant.

PLEASE TAKE NOTICE that, upon the accompanying (1) Declaration of Partha
P. Chattoraj in Support of Plaintiffs J.T. Colby & Company, Inc. d/b/a/ Brick Tower Press, J.
Boylston & Company, Publishers LLC and ipicturebooks LLC’s (“Plaintiffs”) Motion for Partial
Summary Judgment, dated December 21, 2012; (2) Plaintiffs’ Local Rule 56.1 Statement of
Undisputed Material Facts in Support of their Motion for Partial Summary Judgment, dated
December 21, 2012, and (3) Plaintiffs’ Memorandum of Law in Support of their Motion for
Partial Summary Judgment Against Defendant Apple Inc., dated December 21, 2012, and upon
all other papers and proceedings had herein, Plaintiffs, by their attorneys, hereby move the Court
for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting their motion
for partial summary judgment against Defendant Apple Inc., and for such other and further relief
as the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to the Court’s Scheduling
Order dated May 2, 2012, opposition memoranda and affidavits shall be served on January 25,
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2013, and reply memoranda and affidavits shall be served on February 5, 2013.

Dated: New York, New York
December 21, 2012
Respectfully submitted,
ALLEGAERT BERGER & VOGEL LLP

By:

s/Partha P. Chattoraj
Partha P. Chattoraj
David A. Shaiman
111 Broadway, 20th Floor
New York, New York 10006
[phone]
Attorneys for Plaintiffs J.T. Colby & Co., Inc. d/b/a
Brick Tower Press, J. Boylston & Co., Publishers,
LLC, and ipicturebooks, LLC
Of counsel:
Robert L. Raskopf
Claudia T. Bogdanos
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Telephone: [phone]
Facsimile: [phone]

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TO:

Dale M. Cendali
Bonnie L. Jarrett
Claudia E. Ray
KIRKLAND & ELLIS LLP
601Lexington Avenue
New York, New York 10022
Perry J. Viscounty
LATHAM & WATKINS LLP
140 Scott Drive
Menlo Park, California 94025
Jennifer L. Barry
LATHAM & WATKINS LLP
600 West Broadway, Suite 1800
San Diego, California 92101

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