GRANT HEILMAN PHOTOGRAPHY, INC. v. THE MCGRAW-HILL COMPANIES, INC. et al

Filing 256

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR JUDGMENT (DOC. 198) IS DENIED. DEFENDANTS MOTION FOR CONSTITUTIONAL REDUCTION OF DAMAGES (DOC. 194) IS GRANTED IN PART. PLAINTIFFS MOTION FOR PERMANENT INJUNCTION AND IMPOUNDMENT (DOC. 199) IS DENIED WI THOUT PREJUDICE. ALL PROCEEDINGS ARE STAYED UNTIL FURTHER COURT ORDER. CASE SHALL BE TRANSFERRED TO THE CIVIL SUSPENSE FILE. CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES AS OUTLINED HEREIN.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/30/15. 6/30/15 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRANT HEILMAN PHOTOGRAPHY, INC.
Plaintiff,
v.
THE MCGRAW-HILL COMPANIES, INC., and
JOHN DOES PRINTERS 1-10,
Defendants

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CIVIL ACTION

NO. 12-2061

ORDER RE POST-TRIAL MOTIONS

AND NOW, this 30th day of June, 2015, for the reasons set forth in the foregoing
Memorandum, it is ORDERED as follows:
1.

Plaintiff’s motion for judgment in the matter of law on profits (ECF 198) is

DENIED.
2.

Defendant’s motion for constitutional reduction of damages (ECF 194) is

GRANTED in part.
3.

Plaintiff’s motion for permanent injunction and impoundment (ECF 199) is

DENIED without prejudice.
4.

Defendants shall serve on plaintiff a proposed actual damages computation

consistent with the foregoing Memorandum within fourteen (14) days. If a meet and confer
effort does not result in agreement, each party shall file its proposed actual damages computation
consistent with the foregoing Memorandum within thirty (30) days.
5.

The parties shall meet and confer promptly on the procedural and/or substantive

steps that the Court should take to proceed toward a final judgment as to the amount of the

monetary award in this case. The Court understands from prior statements of counsel that the
parties are discussing some procedure and/or formula that may be used to determine the
monetary amount of a final judgment, which may allow an appeal to the U.S. Court of Appeals
for the Third Circuit as to the issues decided to date by this Court, together with any further
issues as to the amount of damages, interest, attorneys’ fees, and costs that this Court may set.
6.

Plaintiff and defendants shall file a report, either jointly or separately, no later

than August 6, 2015, setting forth the procedures and/or formula that should be followed to
arrive at a judgment on the monetary award to plaintiff. If separate reports are filed, they may be
accompanied by a brief, no longer than ten (10) pages, double-spaced.
7.

The Court will most likely have oral argument and/or a recorded telephone

conference to discuss this issue.
8.

Following determination of the monetary award to plaintiff, the Court will

consider all other pending motions.
9.

Because a resolution of further proceedings may take some time, and a number of

other motions are still outstanding, relating to interest (ECF 201), attorneys’ fees and costs (ECF
200), and further discovery (ECF 202), the Court will place this case in SUSPENSE as follows:
a.

All proceedings are stayed until further Order of the Court;

b.

The case shall be transferred to the Civil Suspense File;

c.

The Clerk of the Court shall mark this case closed for statistical purposes;

d.
The Court shall retain jurisdiction over the case and the case shall be
returned to the Court=s active docket in 365 days or upon further order of the
Court; and
e.
The entry of this Order shall not prejudice the rights of the parties to this
litigation.

BY THE COURT:
/s/ Michael M. Baylson
__________________________
Michael M. Baylson, U.S.D.J.
O:\CIVIL 12\12-2061 grant v. mcgraw\12cv2061.order.memo.6.30.15.docx