Jose Luis Pelaez Inc. v. McGraw-Hill Global Education Holdings LLC et al

Filing 111

OPINION & ORDER re: 97 LETTER MOTION for Leave to File CORRECTED Request for Leave to File Sur-Reply addressed to Judge Kimba M. Wood from Christopher P. Beall dated 8-7-2017 filed by McGraw-Hill School Education Holdings, LLC, McGraw-Hill Global Education Holdings LLC, 64 MOTION for Partial Summary Judgment filed by Jose Luis Pelaez Inc., Jose Pelaez, 57 MOTION for Partial Summary Judgment filed by McGraw-Hill School Education Holding s, LLC, McGraw-Hill Global Education Holdings LLC, 106 MOTION to Amend/Correct 38 Amended Complaint, 102 Memo Endorsement, filed by Jose Luis Pelaez Inc., Jose Pelaez. For the reasons above, the Court GRANTS Pla intiffs' Motion for Leave to File a TAC because (i) dismissal of certain claims in the SAC is warranted because (a) dismissal of the Missing-Invoice Claims without prejudice does not subject Defendants to plain legal prejudice, and sat isfies the Zagano factors, and (b) dismissal with prejudice of the claims other than the Missing-Invoice Claims that were withdrawn from the SAC is unopposed; and (ii) Plaintiffs are permitted to add updated copyright registration information to the TAC because the Court finds no evidence of undue delay, undue prejudice, bad faith, or futility. Plaintiffs shall file the TAC by February 28, 2018. By March 7, 2018, the Parties are directed to submit a joint Scheduling Order that set s this case as Ready for Trial by May 14, 2018. (See the undersigned's Individual Rules for the meaning of "Ready for Trial.") The Clerk of Court is directed to terminate the motions at ECF Nos. 57, 64, 97, and 106. (Signed by Judge Kimba M. Wood on 2/26/2018) (mro)