11/29/96 HyperLaw, Inc.®




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Docket Sheet 94-CV-589


Docket Sheet 94-CV-589

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PACER SESSION DATE: Friday November 29, 1996 10:52:45 AM EST
Docket as of November 22, 1996 5:38 am               Page 1

Proceedings include all events.
1:94cv589     Matthew Bender and HyperLaw v. West Publishing Co.

                       U.S. District Court
  Southern District of New York - Civil Database (Foley Square)

               CIVIL DOCKET FOR CASE #: 94-CV-589

Matthew Bender v. West Publishing Co.                       Filed: 02/01/94
Assigned to: Judge John S. Martin            Jury demand: Plaintiff
             Referred to: Magistrate Judge Naomi R. Buchwald
Demand: $0,000                               Nature of Suit:  820
Lead Docket: None                            Jurisdiction: Federal Question
Dkt# in other court: None

Cause: 17:101 Copyright Infringement


MATTHEW BENDER & COMPANY, INC.    David Blasband
     plaintiff                    [COR LD NTC]
                                  Deutsch Klagsbrun & Blasband
                                  800 Third Avenue
                                  New York, NY 10022-7604
                                  212-758-1100

                                  David Nimmer
                                  [COR LD NTC]
                                  Elliot Brown
                                  [COR LD NTC]
                                  c/o DEUTSCH KLAGSBRUN &
                                  BLASBAND
                                  att: David Blasband
                                  800 Third Avenue
                                  New York, NY 10022
                                  (212) 758-1100

                                  Morgan Chu
                                  [COR LD NTC]
                                  c/o DEUTSCH KLAGSBRUN &
                                  BLASBAND
                                  Att: David Blasband
                                  800 THird Avenue
                                  New York, NY 10022
                                  (212) 758-1100


   v.


WEST PUBLISHING CO.               Beth K. Neelman
     defendant                    [COR LD NTC]
                                  Weil, Gotshal & Manges
                                  767 Fifth Avenue
                                  New York, NY 10153
                                  212-310-8000




Docket as of November 22, 1996 5:38 am               Page 2

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

                                  Joseph M. Musilek
                                  [COR LD NTC]
                                  WEIL, GOTSHAL & MANGES
                                  767 Fifth Avenue
                                  New York, NY 10153
                                  (212) 310-8000

                                  Jeffrey L. Kessler
                                  [COR LD NTC]
                                  WEIL, GOTSHAL & MANGES
                                  767 Fifth Avenue
                                  New York, NY 10153
                                  (212) 310-8000


========================


INC. HYPERLAW                     Paul L. Ruskin
     intervenor-plaintiff         [COR LD NTC]
                                  Law Office Paul J. Ruskin
                                  7208 - 243rd St.
                                  Douglaston, NY 11363
                                  718-631-8834


INC. HYPERLAW                     Paul L. Ruskin
     intervenor-plaintiff         (See above)
                                  [COR LD NTC]

                                  Carl J. Hartman
                                  [COR LD NTC]
                                  72-08 243rd Street
                                  Douglaston, NY 11363
                                  (718) 631-8834




Docket as of November 22, 1996 5:38 am               Page 3

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

2/1/94   1       COMPLAINT filed; Issued Notice pursuant to 28 U.S.C. 636(c);
                   FILING FEE $ 120.00  RECEIPT # 208508 (jl)
                 [Entry date 02/04/94]

2/1/94   2       Rule 9 certificate filed by Matthew Bender (jl)
                 [Entry date 02/04/94]

2/1/94   --       It is suggested that the case be classified as Standard.
                 Magistrate Judge Buchwald is so Designated. (jl)
                 [Entry date 02/04/94]

2/14/94  3       Affidavit of service as to West Publishing Co.  by Tim
                 Blank, Mgr. of Empl. Serv. on 2/8/94 Answer due on 2/28/94
                 for West Publishing Co. (sc) [Entry date 02/16/94]

2/24/94  4       NOTICE OF MOTION by Matthew Bender for  to appear pro hac
                 vice of David Nimmer, Elliot Brown and Morgan Chu. to
                 appear and participate in this action on behalf of the
                 pltff. , Return date 3/7/94 (dd)

3/7/94   5       STIPULATION and ORDER,  reset answer due for 4/5/94 for
                 West Publishing Co. ( signed by Judge Loretta A. Preska ).
                 (mk) [Entry date 03/09/94]

3/9/94   6       NOTICE OF MOTION by West Publishing Co. for Joseph M.
                 Musilek to appear pro hac vice , Return date  3/28/94 (mk)
                 [Entry date 03/10/94]

3/9/94   7       AFFIDAVIT in support of Jeffrey L. Kessler by West
                 Publishing Co.  Re: [6-1] motion for Joseph M. Musilek to
                 appear pro hac vice (mk) [Entry date 03/10/94]

3/9/94   8       AFFIDAVIT in support of Joseph M. Musilek by West
                 Publishing Co.  Re: [6-1] motion for Joseph M. Musilek to
                 appear pro hac vice (mk) [Entry date 03/10/94]

3/9/94   9       REPORT OF PARTIES' PLANNING MEETING (mk)
                 [Entry date 03/11/94]

3/10/94  10      NOTICE OF MOTION to intervene  by INc. Hyperlaw pursuant
                 to rule 24 with affirmation of Counsel for Hyperlaw, Inc.
                 Paul J. Ruskin.  , Return date  3/28/94 (dd)
                 [Entry date 03/11/94]

3/10/94  11      AFFIDAVIT in support of Alan D. Sugarman by INc. Hyperlaw
                 Re: [10-1] motion to intervene  by INc. Hyperlaw pursuant
                 to rule 24 with affirmation of Counsel for Hyperlaw, Inc.
                 Paul J. Ruskin. (dd) [Entry date 03/11/94]

3/10/94  12      MEMORANDUM by INc. Hyperlaw  in support of [10-1] motion to
                 intervene  by INc. Hyperlaw pursuant to rule 24 with
                 affirmation of Counsel for Hyperlaw, Inc. Paul J. Ruskin.
                 (dd) [Entry date 03/11/94]

Docket as of November 22, 1996 5:38 am               Page 4

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

3/10/94  13      Filed Memo_Endorsement on letter  dated March 3, 1994,
                 reset pretrial conference for 4:30 3/14/94 ( signed by
                 Judge Loretta A. Preska ) (dd) [Entry date 03/14/94]

3/10/94  14      Memo endorsed on motion; by Pltff, for David Nimmer,
                 Elliot Brown & Morgan Chu to appear pro hac vice... THE
                 MOTION IS GRANTED... SO ORDERED, PRESKA, J. ( signed by
                 Judge Loretta A. Preska ); Copies mailed. (mk)
                 [Entry date 03/14/94]

3/10/94  15      CERTIFICATE OF SERVICE on March 9, 1994 ...pre-paid- first
                 class mail a copy of Hyperlaw's Notice of Motion to
                 intervene, and Memorandum in suppport of its motion for
                 intervention, The affirmation of Paul J. Ruskin
                 Intervenor's Proposed complaint, The exhibits to
                 intervenor's proposed complaint, and the affdvt. of Alan
                 Sugarman, president  of Hyperlaw and co. and copy of this
                 certificate of service, by Carl J. Hartman. 111 upon
                 Deutsch Klagsbrun & Blasband, West Publishing Co.... (dd)
                 [Entry date 03/15/94]

3/16/94  16      Order that case be referred to the Clerk of Court for
                 assignment to a Magistrate Judge for Discovery Dispute on
                 when Dist. Judge is unavailable ( signed by Judge Loretta
                 A. Preska ) Referred to Magistrate Judge Naomi R. Buchwald
                 (mk) [Entry date 03/17/94]

3/16/94  17      Memo endorsed on motion; granting [6-1] motion for Joseph
                 M. Musilek to appear pro hac vice  ( signed by Judge
                 Loretta A. Preska ); Copies mailed. (mk)
                 [Entry date 03/18/94]

3/16/94  18      Initial Case Management Plan in a Standard Case: Discovery
                 cutoff 6/30/94 Pretrial conference for 9:30 7/7/94 ( signed
                 by Judge Loretta A. Preska ); Copies (mk)
                 [Entry date 03/18/94]

3/21/94  19      STIPULATION and ORDER granting [10-1] motion to intervene
                 by INc. Hyperlaw pursuant to rule 24 with affirmation of
                 Counsel for Hyperlaw, Inc. Paul J. Ruskin., the Cmplt in
                 Intervention attchd to HyperLaw's Motiona as Exhibit A
                 shall be entered upon the Clerk's doscket ad Permissive
                 Intervenor-Pltff's Cmplt... ( signed by Judge Loretta A.
                 Preska ). (mk) [Entry date 03/22/94]

3/22/94  20      NOTICE by Matthew Bender  to take deposition of West
                 Publishing Co. on 5/2/94; (mk)

3/22/94  21      Filed Memo_Endorsement on letter from Jeffrey L. Kessler
                 dated 3/17/94, In light of the above, pltff's discovery
                 requests regarding West's past practices of selecting or
                 arranging cases shall be limited to a five year period as
                 mentioned in the cmplt... SO ORDERED, PRESKA, J. ( signed
                 by Judge Loretta A. Preska ) (mk) [Entry date 03/23/94]

Docket as of November 22, 1996 5:38 am               Page 5

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

4/5/94   22      ANSWER to Complaint by West Publishing Co.  (Attorney ), ;
                 Firm of: MB&C by attorney Jeffrey L. Kessler for defendant
                 West Publishing Co. (mk) [Entry date 04/07/94]

4/5/94   23      Case Information Statement Addendum. Purs. to statement, it
                 is suggested that the case be classified as Expedited. (mk)
                 [Entry date 04/07/94]

4/5/94   24      Rule 9 certificate filed by West Publishing Co. (mk)
                 [Entry date 04/07/94]

4/7/94   25      ANSWER to Complaint by West Publishing Co.  (Attorney Beth
                 K. Neelman), ;  Firm of: WG&M by attorney Beth K. Neelman
                 for defendant West Publishing Co. (mk) [Entry date 04/08/94]

4/15/94  26      Letter filed by Elliot Brown for Matthew Bender dated
                 4/8/94 re to briefly set forth Matthew Bender's views
                 concerning disputes relating to the terms of a protective
                 order to govern discovery of confidential information in
                 this case & other disputed discovery matters (Dktd. & fld.
                 per instr. of Chambers) (mk) [Entry date 04/18/94]

4/15/94  27      Letter filed by  Jeffrey L. Kessler for West Publishing Co.
                 dated 4/8/94 re the folowing sets forth West's position
                 concerning the various issues raised by counsel for pltff
                 HyperLaw &, in one instance, counsel for Matthew Bender,
                 concerning the proposed Stip & Protective ORder Regarding
                 Confidential Information (Dktd. & fld. per instr. of
                 Chambers) (mk) [Entry date 04/18/94]

4/15/94  28      Letter filed by Inc. Hyperlaw  dated 4/8/94  re submits the
                 following with regard to the specific, limited issues that
                 the parties have agreed to place before the Court in letter
                 form (W/attchd. Exhibits A & B (Dktd. & fld. per instr. of
                 Chambers) (mk) [Entry date 04/18/94]

4/19/94  30      STIPULATION and ORDER, for confidentiality of all
                 documents, amteriald, items, testimony or information which
                 contain or comprise a trade secret or other confidential
                 technical, development, financial or commercial inform.
                 produced or fied with the Court or produced or served
                 either by a party or by a non-party to or for any of the
                 parties shall be governed by this Protective ORder... (
                 signed by Judge Loretta A. Preska ). (mk)
                 [Entry date 04/22/94]

4/20/94  29      NOTICE of attorney appearance for INc. Hyperlaw, Inc.
                 Hyperlaw  by Paul L. Ruskin (mk) [Entry date 04/22/94]

Docket as of November 22, 1996 5:38 am               Page 6

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

5/9/94   31      Filed Memo_Endorsement on letter from Paul J. Ruskin  dated
                 5/2/94,  Intervenor Hyper Law Inc asks that the Court
                 relieve it from the Court's Individual Rule & PRactice
                 numbered "8"... HYPER LAW IS SO RELIEVED... SO ORDERED,
                 PRESKA, J. ( signed by Judge Loretta A. Preska ) (mk)
                 [Entry date 05/11/94]

5/23/94  32      AMENDED NOTICE by INc. Hyperlaw  to take deposition of Pat
                 Ryan & Lori Hedstrom on 4/27/94; (mk) [Entry date 05/24/94]

5/27/94  33      SEALED DOCUMENT placed in vault (sp)

5/27/94  34      SEALED DOCUMENT placed in vault (sp)

6/8/94   35      NOTICE by INc. Hyperlaw to take deposition of Ms. Lisa
                 Richards, on 6/30/94, at 10:00, Ms. Virginia Bedford, on
                 6/27/94, at 10:00 (pl) [Entry date 06/23/94]

7/14/94  36      SEALED DOCUMENT placed in vault (lr)

8/2/94   37      STIPULATION and ORDER, staying action between pltff
                 Matthew Bender & Company, Inc. & deft West Publishing
                 Company Inc. only, through 9/19/94,  set discovery
                 between Matthew Bender & West due for 10/28/94,  reset
                 Matthew's Bender's opposition to West's motion to Dismiss
                 Matthew Bender's Cmplt filing deadline for set for
                 11/14/94, West's Reply to Response to Motion filing
                 deadline set for 12/2/94 ( signed Judge Loretta A. Preska
                 ). (mk) [Entry date 08/09/94]

8/9/94   38      Defendants' Memorandum of Law by West Publishing Co.  in
                 opposition to Hyperlaw, Inc.s' motion to Compel Discovery
                 and for Enlargement of the Discovery Period (pl)
                 [Entry date 08/11/94]

8/18/94  39      SEALED DOCUMENT placed in vault (lr)

8/23/94  40      Transcript of record of proceedings filed  for dates of
                 6/9/94 (mk)

8/29/94  41      Filed Memo_Endorsement on letter by Elliot Brown, Counsel
                 for plaintiff shall place in the record in affidavit form
                 its contentions as to why the motion papers here at issue
                 should remain sealed.  Papers shall be filed by 9/8/94;
                 responses may be filed one week later...so
                 Ordered,Preska,J...( signed by Judge Loretta A. Preska ) (pl)
                 [Entry date 08/30/94]

Docket as of November 22, 1996 5:38 am               Page 7

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

9/6/94   43      Filed Memo_Endorsement on letter by Beth K. Neelman dated
                 8/11/94, Hyper Law's application to take Mr. Opperman's
                 deposition is denied. Hyper Law has not made the showing
                 required to justify the deposition of a chief executive.
                 Hughes v General Motors Corp., 18 Fed.R.Serv. 2c
                 1249,1250(S.D.N.Y.1974; Mulvey v chryster Corp., 106 F.R.D.
                 363,366 O.R.I. 1985). In any event, his testimony on the
                 topics indicated would be duplicative, Hyper Law's
                 application to take Mr. Musileh's Deposition is denied
                 because his testimony on the topics indicated would be
                 duplicative ...So Ordered,Preska,J...( signed by Judge
                 Loretta A. Preska ) (pl) [Entry date 09/12/94]

9/8/94   42      SEALED DOCUMENT placed in vault (sp) [Entry date 09/12/94]

9/12/94  44      STIPULATION and ORDER, by and between parties West hereby
                 withdraws its Motion to Dismiss Plaintiff Matthew Bender's
                 complaint without prejudice ..... ( signed by Judge
                 Loretta A. Preska ). (pl) [Entry date 09/13/94]

9/12/94  45      Filed Memo_Endorsement on letter by Paul J. Ruskin, dated
                 8/23/94,  unsealing Hyperlaw's Motion to Compel ( signed
                 by Judge Loretta A. Preska ) (pl) [Entry date 09/15/94]

9/23/94  46      Filed Memo_Endorsement on letter by Paul J. Ruskin dated
                 9/16/94, Hyperlaw may file a brief of no more than 40
                 pages with standard margins and type sizes...So Ordered..
                 ( signed on 9/22/94 by Judge Loretta A. Preska ) (pl)
                 [Entry date 09/30/94]

10/18/94 47      REPLY MEMORANDUM by West Publishing Co. in support of re:
                 Defendants' motion to dismiss Hyperlaw, Inc. complaint for
                 lack of subject matter jurisdiction; Oral Argument Requested
                 (pl) [Entry date 10/19/94] [Edit date 10/19/94]

10/18/94 48      AFFIDAVIT in support of Katherine J. Daniels by West
                 Publishing Co.  Re: Wests Publishing Company motion to
                 dismiss the Complaint of Plaintiff-intervenor, HyperLaw,
                 Inc. (pl) [Entry date 10/19/94]

10/18/94 49      INTERVENOR-PLAINTIFF MEMORANDUM by INc. Hyperlaw  in
                 opposition to West Publishing Company's Motion to Dismiss
                 Hyperlaw, Inc.'s complaint for lack of subject matter
                 jurisdiction (pl) [Entry date 10/19/94]

10/18/94 50      AFFIRMATION by Paul J. Ruskin, Esq. in Support of Re:
                 [49-1] opposition memorandum (pl) [Entry date 10/19/94]

10/27/94 51      CERTIFICATE OF SERVICE of Hyperlaw's Memorandum in
                 Opposition to Defendant West Publishing Co.'s Motion to
                 Dismiss Hyperlaw, Inc., Complaint for Lack of Subject
                 matter Jurisdiction to counsel for all parties. (pl)
                 [Entry date 10/28/94]

Docket as of November 22, 1996 5:38 am               Page 8

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

11/10/94 52      NOTICE OF MOTION by West Publishing Co. pursuant to Rule
                 12(b)(1) of the F.R.C.P., to dismiss the Complaint of
                 plaintiff-intervenor HyperLaw, Inc. for failure to state a
                 justiciable controversy pursuant to the Declaratory
                 Judgment Act, 28 U.S.C.and... , Return date  9/13/94 (pl)
                 [Entry date 11/14/94]

11/10/94 53      MEMORANDUM by West Publishing Co.  in support of [52-1]
                 motion pursuant to Rule 12(b)(1) of the F.R.C.P., to
                 dismiss the Complaint of plaintiff-intervenor HyperLaw,
                 Inc. for failure to state a justiciable controversy
                 pursuant to the Declaratory Judgment Act, 28 U.S.C.and...
                 (pl) [Entry date 11/14/94]

11/10/94 54      Alan D. Sugarman Depositon Exhibits Volume I (pl)
                 [Entry date 11/14/94]

11/10/94 55      Alan D. Sugarman Deposition Exhibits Volume II (pl)
                 [Entry date 11/14/94]

11/21/94 56      SEALED DOCUMENT placed in vault (af)

12/1/94  57      Filed Memo_Endorsement on letter by Jeffrey L. Kessler,
                 dated 11/15/94, If West wishes to take discovery prior to
                 responding to Hyper Laws surreply, West shall withdraw its
                 motion. The motion may be reinstated by letter at the time
                 the response to the sur-reply is filed.  The response shall
                 not exceed ten pages unless good cause is shown ( signed
                 by Judge Loretta A. Preska ) (pl) [Entry date 12/07/94]

12/1/94  58      Filed Memo_Endorsement on letter by Paul J. Ruskin, dated
                 11/9/94, Hyperlaw requests that the Court allow it be
                 given 5 days in which to file a 3 page. sureply directed at
                 West's factual assertions. Hyperlaw further request that
                 the attached product be made a part of it Opposition and a
                 part of the record herein...So Ordered...( signed on
                 11/17/94 by Judge Loretta A. Preska ) (pl)
                 [Entry date 12/07/94]

12/9/94  61      NOTICE OF MOTION by West Publishing Co.  to maintain the
                 Sealing of pltf Hyperlaw, Inc's Statement of Facts not in
                 Dispute. pursuant to rule 3 , none givene **/**/** (dd)
                 [Entry date 12/30/94]

12/13/94 59      RESPONSE by West Publishing Co.  Re: Hyperlaw's Rule 3(g)
                 Statment (pl) [Entry date 12/14/94]

12/13/94 60      Statement of Facts by Inc. Hyperlaw  re:  Not in dispute as
                 to the copyright status of textual materials (pl)
                 [Entry date 12/14/94]

Docket as of November 22, 1996 5:38 am               Page 9

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

2/2/95   62      ORDER, that Hyperlaw's motion to compel discovery, extend
                 the discovery period and for sanctions is denied; and
                 Hyperlaw's request to file a motion for partial summary
                 judgment is denied without prejudice to renewal following
                 resolution of West's motion to dismiss; and granting [61-1]
                 motion to maintain the Sealing of pltf Hyperlaw, Inc's
                 Statement of Facts not in Dispute., Hyperlaw's Response to
                 motion reset to 2/28/95 for [52-1] motion pursuant to Rule
                 12(b)(1) of the F.R.C.P., to dismiss the Complaint of
                 plaintiff-intervenor HyperLaw, Inc. for to state a
                 justiciable controversy pursuant to the Declaratory
                 Judgment Act, 28 U.S.C.and..., West's Reply to Response
                 to Motion reset to 3/15/95 for [52-1] motion pursuant to
                 Rule 12(b)(1) of the F.R.C.P., to dismiss the Complaint of
                 plaintiff-intervenor HyperLaw, Inc. for failure to state a
                 justiciable controversy pursuant to the Declaratory
                 Judgment Act, 28 U.S.C.and... SO ORDERED: ( signed by
                 Judge Loretta A. Preska ) (ae) [Entry date 02/03/95]
                 [Edit date 02/03/95]

2/14/95  63      NOTICE OF MOTION by INc. Hyperlaw pursuant to Civil Rule
                 3(j), Local Rules of SDNY, for reconsideration of Order
                 dated..... Return date  2/28/95 (pl) [Entry date 02/15/95]

2/14/95  64      MEMORANDUM by INc. Hyperlaw  in support of [63-1] motion
                 pursuant to Civil Rule 3(j), Local Rules of SDNY, for
                 reconsideration of Order dated..... (pl)
                 [Entry date 02/15/95]

2/15/95  65      SEALED DOCUMENT placed in vault (sp)

2/17/95  66      ORDER, to withdraw [52-1] motion pursuant to Rule 12(b)(1)
                 of the F.R.C.P., to dismiss the Complaint of
                 plaintiff-intervenor HyperLaw, Inc. for failure to state a
                 justiciable controversy pursuant to the Declaratory
                 Judgment Act, 28 U.S.C.and... denying [63-1] motion
                 pursuant to Civil Rule 3(j), Local Rules of SDNY, for
                 reconsideration of Order dated..... ( signed by Judge
                 Loretta A. Preska ); Copies mailed (jr)
                 [Entry date 02/22/95]

3/2/95   --      Memo endorsed on memorandum in support of Hyperlaw's motion
                 for reconsideration and reargument; Matters raised herein
                 were resolved in the February 9, 1995 telephone conference
                 with counsel and the February 16, 1995 order ( signed by
                 Judge Loretta A. Preska ); Copies mailed. (jr)
                 [Entry date 03/06/95]

3/9/95   67      Filed Memo_Endorsement on letter by Paul J. Ruskin to Judge
                 Preka dated 3/2/95, having considered both sides' multiple
                 submissions on this topic, HyperLaw's Rule 3(g) statement
                 shall remain sealed with the exception of exhibits 1 and
                 13. SO ORDERED: ( signed by Judge Loretta A. Preska ) (ae)
                 [Entry date 03/13/95]

Docket as of November 22, 1996 5:38 am               Page 10

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

3/9/95   68      Filed Memo_Endorsement on letter by Paul J. Ruskin to Judge
                 Preska dated 3/7/95, To the extent not already produced,
                 HyerLaw shall produce documents and respond to deposition
                 inquiries concerning the dates, number of units and dollar
                 volume of the new releases referred to in Ms. Daniels'
                 3/2/95 letter. HyperLaw need not disclose its customers'
                 identities at this time. SO ORDERED: ( signed by Judge
                 Loretta A. Preska ) (ae) [Entry date 03/13/95]

3/15/95  69      NOTICE OF MOTION by Inc. Hyperlaw for Carl J. Hartman to
                 appear pro hac vice , Return date  10:00 3/30/95; with
                 attached supporting Affirmation of Paul J. Ruskin. (ae)
                 [Entry date 03/17/95]

3/16/95  70      MEMORANDUM AND ORDER, In light of the detail of Mr.
                 Ruskin's inquiry, I state that I am acquainted with
                 Stephanie Pollack Singer, a West employee, through her
                 father, the Hon. Milton Pollack of this Court.  Finally, I
                 have never received any gratuity whatsoever from West other
                 than a pocket calendar which, I understand, is also sent to
                 every other federal judge in America. (I do not use the one
                 sent to me.)  ( signed by Judge Loretta A. Preska );
                 Copies mailed (kg) [Entry date 03/17/95]

3/29/95  71      Filed Memo_Endorsement on letter from  Katherine J. Daniels
                 dated 3/16/95, A FIVE PAGE SUPPLEMENTAL BRIEF DIRECTED TO
                 NEWLY-DISCOVERED INFORMATION MAYBE FILED BY 4/7/95. WEST'S
                 MOTION TO DISMISS SHALL BE CONSIDERED REINSTATED TO THE
                 CALENDAR ON THE DATE SUCH SUPPLEMENTAL BRIEF IS FILED... SO
                 ORDERED, PRESKA, J. ( signed by Judge Loretta A. Preska )
                 (mk) [Entry date 03/31/95]

3/29/95  72      Filed Memo-Endorsement on letter from Paul J. Ruskin to to
                 Judge Preska dated March 23, 1995, considering the letter
                 to be a motion, it is in all respects denied ( signed by
                 Judge Loretta A. Preska ) (jr) [Entry date 04/03/95]

3/31/95  73      NOTICE OF MOTION by Matthew Bender for Perry Goldberg to
                 appear pro hac vice and participate in this action on
                 behalf of the plaintiff , Return date 4/18/95 (ae)
                 [Entry date 04/05/95]

4/6/95   74      Filed Memo_Endorsement on letter  dated 4/3/95, request to
                 reconsider the order of 3/23/95 is denied without prejudice
                 to HyperLaw's making a motion per 28 USC 455 upon proper
                 papers and subject to rule 11 ( signed by Judge Loretta A.
                 Preska ) (cd) [Entry date 04/07/95]

4/7/95   75      Transcript of record of proceedings filed  for dates of
                 2/9/95 (rg)

4/10/95  76      SEALED DOCUMENT placed in vault (af) [Entry date 04/12/95]

Docket as of November 22, 1996 5:38 am               Page 11

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

4/18/95  77      Filed Memo-Endorsement on letter from Katherine J. Daniels
                 to Judge Preska dated April 11, 1995, Mr. Sugarman shall
                 have until April 21 to review the manuscript of his
                 deposition and to make any required changes.  The executed,
                 corrected transcript shall be sent to Ms. Daniels so it is
                 received by the close of business on April 21.  Ms. Daniels
                 shall have three business days thereafter (that is, until
                 April 26) either to advise the Court that West's previously
                 filed supplemental memorandum shall be deemed filed or to
                 file a replacement ( signed by Judge Loretta A. Preska ) (jr)
                 [Entry date 04/21/95]

4/18/95  78      SCHEDULING ORDER setting Response to West's motion to
                 dismiss deadline 5/12/95 ; Reply to response to motion
                 deadline 5/26/95 ;   ( signed by Judge Loretta A. Preska ) ;
                  Copies mailed (jr) [Entry date 04/21/95]

4/19/95  80      AFFIDAVIT of Elliot Brown, atty for by Matthew Bender, purs
                 to Local Civil Rule 3(f). (lam) [Entry date 04/26/95]

4/20/95  79      Filed Memo_Endorsement on letter  dated 4/14/95, for
                 Hyperlaw, leave to file 5 page brief in response to WEst's
                 supplemental brief by 5/3/95 ( signed by Judge Loretta A.
                 Preska ) (cd) [Entry date 04/24/95]

4/27/95  81      SEALED DOCUMENT placed in vault (sp) [Entry date 05/02/95]

5/3/95   82      SEALED DOCUMENT placed in vault (sp) [Entry date 05/04/95]

5/12/95  83      ORDER, Hyperlaw's motions for discovery, recusal and/or a
                 stay are denied without prejudice to its making a proper
                 motion in compliance with all applicable rules ( signed by
                 Judge Loretta A. Preska ); Copies mailed (cd)
                 [Entry date 05/17/95]

6/1/95   85      FIRST SUPPLEMENTAL COMPLAINT filed by Matthew Bender &
                 Company, Inc. (pl) [Entry date 06/07/95]

6/6/95   84      MANDATE OF USCA (certified copy) Re: An application for the
                 issuance of a writ of mandamus having been made by the
                 petitioner, Hyperlaw, Inc., on consideration thereof, it is
                 hereby ordered, adjudged and decreed that the petition for
                 writ of mandamus be, and it hereby is, denied. (95-3036).
                 GEORGE LANGE III, Clerk, U.S.C.A. (em)

6/7/95   --      Memo endorsed on motion; granting [73-1] motion for Perry
                 Goldberg to appear pro hac vice and participate in this
                 action on behalf of the plaintiff  ( signed by Judge
                 Loretta A. Preska ); Copies mailed. (cd)
                 [Entry date 06/12/95]

6/7/95   86      ORDER, for leave to file supplemental complaint ( signed
                 by Judge Loretta A. Preska ); Copies mailed (cd)
                 [Entry date 06/12/95]

Docket as of November 22, 1996 5:38 am               Page 12

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

6/12/95  88      ANSWER by West Publishing Co.  (Attorney Jeffrey L. Kessler
                 ) to first supplemental complaint ; Firm of: Weil, Gotshal
                 etc. by attorney Jeffrey L. Kessler for defendant West
                 Publishing Co. (emil) [Entry date 06/19/95]

6/19/95  87      MANDATE OF USCA (certified copy) Re: A petition for writ of
                 mandamus having been filed, upon consideration thereof, it
                 is ordered that the petition be and it hereby is denied.
                 (95-3036). GEORGE LANGE III, Clerk, U.S.C.A. (em)

6/23/95  89      SEALED DOCUMENT placed in vault (sp) [Entry date 06/26/95]

6/23/95  90      SEALED DOCUMENT placed in vault (sp) [Entry date 06/26/95]

6/23/95  91      SEALED DOCUMENT placed in vault (sp) [Entry date 06/26/95]

6/30/95  92      SUGGESTION OF ADDITIONAL AUTHORITY by West Publishing Co.
                 Re: in SUPPORT of its motion to dismiss the complaint of
                 pltff on the grounds that the action is nonjustifiable &
                 moot. (lam) [Entry date 07/10/95]

7/19/95  93      AFFIDAVIT in support of Eric C. Tostrud by West Publishing
                 Co.  Re: for admission Pro Hac Vice of Eric C. Tostrud.
                 (Conformed Copy). (djc) [Entry date 07/24/95]

7/31/95  94      Notice of reas _   to Judge John S. Martin   Copy of notice
                 and judge's rules mailed to Attorney(s) of record: Carl J.
                 Hartman, Paul L. Ruskin, Beth K. Neelman, Jeffrey L.
                 Kessler, Joseph M. Musilek, Morgan Chu, Elliot Brown, David
                 Nimmer, David Blasband . (sc)

8/7/95   95      CERTIFICATE OF SERVICE of Notice of Reassignment w/
                 Southern Dist. Court Notice and Rules and Procedures of
                 Judge John S. Martin, Jr., upon:  Weil, Gotshal & Manges,
                 Schatz, Paquin, Lockridge, Grindal & Holstein & Law Offices
                 of Paul J. Ruskin by Attnys' for pltff. Matthew Bender (ls)
                 [Entry date 08/11/95]

8/9/95   96      STIPULATION and ORDER, regarding modification of
                 protective order, regarding confidential information. SO
                 ORDERED: ( signed by Judge John S. Martin ). (ae)
                 [Entry date 08/14/95]

8/15/95  97      STIPULATION and ORDER, to amend the protective order
                 regarding confidential information; see document ( signed
                 by Judge John S. Martin ). (cd) [Entry date 08/21/95]

9/8/95   98      SEALED DOCUMENT placed in vault (da) [Entry date 09/11/95]

9/8/95   99      SEALED DOCUMENT placed in vault (da) [Entry date 09/11/95]

9/26/95  100     STIPULATION and ORDER, for leave to file supplemental
                 complaint ( signed by Judge John S. Martin ). (cd)

Docket as of November 22, 1996 5:38 am               Page 13

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

                 [Entry date 09/29/95]

9/26/95  102     HYPERLAW'S FIRST SUPPLEMENTAL COMPLAINT filed; (djc)
                 [Entry date 10/04/95]

9/28/95  101     ORDER, deft is hereby directed to respond to pltff's
                 application to file a Second Supplemental Complaint by
                 10/13/95 ( signed by Judge John S. Martin ); Copies mailed
                 (kg) [Entry date 10/02/95]

10/13/95 103     MEMORANDUM by West Publishing Co. in opposition to Matthew
                 Bender's Motion to File a Second Supplemental Complaint.
                 (djc) [Entry date 10/19/95]

11/28/95 104     MEMORANDUM OPINION # 75771 ...Bender's motion to file the
                 second supplemental complaint is granted.. West may sumbit
                 additional arguments on its motion to dismiss, if it
                 believes there are new issues raised by the filing of the
                 seond supplemental complaint, by December 22, 1995. Bender
                 may respond to any such additional arguments by 1/19/96..
                 SO ORDERED.. ( Signed by Judge John S. Martin ); Copies
                 mailed. (kk) [Entry date 12/06/95]

12/6/95  105     SECOND SUPPLEMENTAL COMPLAINT by Matthew Bender , (Answer
                 due 12/19/95 for West Publishing Co. )  amending [1-1]
                 complaint  ; Summons issued. (pl) [Entry date 12/12/95]

12/22/95 106     MEMORANDUM by West Publishing Co.in support of  deft's
                 12(B)(1) Motion to Dismiss Matthew Bender's Complaint for
                 lack of subject matter jurisdiction. (kk)
                 [Entry date 01/05/96]

1/10/96  107     Suggestion of Additional Authority. (ae)
                 [Entry date 01/11/96]

3/19/96  108     NOTICE OF MOTION by INc. Hyperlaw for Lawrence L. Kessler,
                 Attorney at Law, to appear pro hac vice on behalf of
                 Hyperlaw, Inc., Intervenor-Plaintiff. , Return date not
                 indicated. (ae) [Entry date 03/20/96]

3/19/96  109     AFFIRMATION of Paul J. Ruskin by INc. Hyperlaw in support
                 of Re: [108-1] motion for Lawrence L. Kessler, Attorney at
                 Law, to appear pro hac vice on behalf of Hyperlaw, Inc.,
                 Intervenor-Plaintiff. (ae) [Entry date 03/20/96]

3/19/96  110     AFFIDAVIT  of Lorence L. Kessler by INc. Hyperlaw in
                 support of Re: [108-1] motion for Lawrence L. Kessler,
                 Attorney at Law, to appear pro hac vice on behalf of
                 Hyperlaw, Inc., Intervenor-Plaintiff. (ae)
                 [Entry date 03/20/96]

Docket as of November 22, 1996 5:38 am               Page 14

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

4/2/96   111     ORDER, that, Lorence L. Kessler, Attny. at Law, be
                 admitted pro hac vice in the above captioned case...SO
                 ORDERED... ( signed by Judge John S. Martin ); Copies
                 mailed (ls) [Entry date 04/04/96]

5/1/96   112     ORDER   granting [69-1] motion for Carl J. Hartman to
                 appear pro hac vice  as counsel to Intervenor-Plaintiff
                 HyperLaw in the above-captioned case. ( signed by Judge
                 John S. Martin ) ; sent original to Ruth on 5/2/96. (ae)
                 [Entry date 05/02/96]

5/2/96   113     MEMORANDUM OPINION AND ORDER # 76546, Defendant's motions
                 to dismiss plaintiff Bender's complaints in the New York
                 and Texas product actions are denied. The Court will hold
                 an evidentiary hearing on West's motion to dismiss
                 intervenor-plaintiff HyperLaw's complaint in the New York
                 product action. SO ORDERED: ( Signed by Judge John S.
                 Martin ) (ae) [Entry date 05/03/96]

5/13/96  114     NOTICE OF MOTION by West Publishing Co. for
                 reconsideration of [112-1] order, in the alternative
                 Certification for interlocutory review (pl)
                 [Entry date 05/14/96]

5/13/96  115     MEMORANDUM by West Publishing Co.  in support of [114-1]
                 motion for reconsideration of [112-1] order, [114-2] motion
                 Certification for interlocutory review (pl)
                 [Entry date 05/14/96]

5/23/96  116     ORDER   denying [114-1] motion for reconsideration of
                 [112-1] order, denying [114-2] motion Certification for
                 interlocutory review ( signed by Judge John S. Martin );
                 Copies mailed (cd) [Entry date 05/24/96]

5/28/96  117     MEMORANDUM OF POINTS AND AUTHORITIES by Matthew Bender in
                 opposition to [114-1] motion for reconsideration of [112-1]
                 order, [114-2] motion Certification for interlocutory
                 review (kg) [Entry date 05/30/96]

8/5/96   118     MEMORANDUM OPINION AND ORDER # 77077, West's motion to
                 dismiss purs. to Rule 12(b)(l) for lack of subject matter
                 jurisdiction is denied. ( Signed by Judge John S. Martin );
                  Copies mailed. (kg) [Entry date 08/06/96]

8/5/96   119     Transcript of record of proceedings filed  for dates of
                 6/21/96 (kk) [Entry date 08/07/96]

8/9/96   120     Filed Memo_Endorsement on letter to Judge Martin from David
                 Seidman dated 8/5/96, requesting leave to file , as amicus
                 curiae, a Memorandum expressing the view that star
                 pagination to the Nat'l Reporter System does not in itself
                 infringe any copyright interest in the arrangement of the
                 Nat'l. Reporter System volumes...APPLICATION GRANTED...SO
                 ORDERED... ( signed by Judge John S. Martin ) (ls)

Docket as of November 22, 1996 5:38 am               Page 15

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

8/9/96   121     Filed Memo_Endorsement on letter dated 8/6/96,  set
                 Parties service deadline for their respective motions and
                 supporting papers by 8/5/96,  set parties service
                 deadline for their respective briefs by 8/19/96,  set
                 fully briefed motions filing deadline for 8/20/96...So
                 Ordered....( by Judge John S. Martin ) (pl)

8/12/96  122     Filed Memo_Endorsement on letter to Judge Martin from
                 Joseph M. Musilek dated 08/05/96, ..accordingly, should
                 the Court gante the Antitrust Division's request to file a
                 copyright brief, West respectfully requests that it be
                 granted an additional week to respond specifically to the
                 Antitrust Division's brief.  THUS WEST AND MATTHEW BENDER
                 WOULD RESPOND TO EACH OTHER'S MOTION ON AUGUST 19TH, BUT
                 WEST WOULD NOT HAVE TO RESPOND TO THE ANTITRUST DIVISION
                 UNTIL ONE WEEK LATER ON MONDAY, AUGUST 26TH. SO ORDERED.
                 (signed by Judge John S. Martin ) (djc)
                 [Entry date 08/13/96]

8/20/96  123     SEALED DOCUMENT placed in vault (da)

8/20/96  124     MEMORANDUM by Matthew Bender  re: of Points and Authorities
                 in Opposition to West's Motion for Summary Judgment. (djc)
                 [Entry date 08/21/96]

8/20/96  125     DECLARATION of Ken Halajian, Michelle Kramer, Laurie Kaplan
                 and Perry Goldberg in Support of Matthew Bender's Motion
                 for Summary Judgment (motion not on file) (djc)
                 [Entry date 08/21/96]

8/20/96  126     NOTICE OF MOTION by Matthew Bender for summary judgment ,
                 Return date  2/28/94 (djc) [Entry date 08/21/96]

8/20/96  127     Rule 3(g) statement filed by Matthew Bender (djc)
                 [Entry date 08/21/96]

8/20/96  128     MEMORANDUM of Points and Autorites by Matthew Bender  in
                 support of [126-1] motion for summary judgment (djc)
                 [Entry date 08/21/96]

8/20/96  129     RESPONSE by West Publishing Co.  Re: [127-1] settlement
                 notice (djc) [Entry date 08/21/96]

8/20/96  130     NOTICE OF MOTION by West Publishing Co. for summary
                 judgment, dismissing the plaintiff's second Supplemental
                 Complaint with prejudice and declaring that Matthew
                 Bender's proposed star paginationto West Reporters
                 infringes West's copyright in the arrangement of the
                 Reporters. (djc) [Entry date 08/21/96]

8/20/96  130     Rule 3(g) statement filed by West Publishing Co. (djc)
                 [Entry date 08/21/96]

Docket as of November 22, 1996 5:38 am               Page 16

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

8/20/96  131     AFFIDAVIT in opposition of Michael A. Trittipo by West
                 Publishing Co.  Re: [126-1] motion for summary judgment (djc)
                 [Entry date 08/21/96]

8/20/96  132     MEMORANDUM OF LAW by West Publishing Co. in opposition to
                 [126-1] motion for summary judgment (djc)
                 [Entry date 08/21/96]

8/20/96  133     AFFIDAVIT in support of Donna Bergsgaard by West Publishing
                 Co.  Re: [130-1] motion for summary judgment (djc)
                 [Entry date 08/21/96]

8/20/96  134     AFFIDAVIT in support of Steven Swansson by West Publishing
                 Co.  Re: [130-1] motion for summary judgment (djc)
                 [Entry date 08/21/96]

8/20/96  135     MEMORANDUM OF LAW by West Publishing Co.  in support of
                 [130-1] motion for summary judgment (djc)
                 [Entry date 08/21/96]

8/20/96  136     MEMORANDUM  of United States of America as Amicus Curiae in
                 support of the Proposition that Bender's Star Pagination to
                 West's National Reporter System Does not infringe any
                 Copywright Interest West May have in the Arrangement of the
                 National Reporter System Volumes. (djc)
                 [Entry date 08/21/96]

8/29/96  137     Filed Memo_Endorsement on letter by Paul J. Ruskin to Judge
                 Martin dated 8/23/96,  Set HyperLaw's motion filing
                 deadline for 9/24/96. West will file its opposition within
                 15 days of receipt, and HyperLaw will then have 10 days for
                 any reply. SO ORDERED: ( signed by Judge John S. Martin )
                 (ae) [Entry date 08/30/96]

11/13/96 138     NOTICE OF MOTION by Inc. Hyperlaw for summary judgment as
                 to the Copyright of the Text of Legal Opinions and
                 Pagination. (kw) [Entry date 11/14/96]

11/13/96 139     MEMORANDUM by Inc. Hyperlaw in support of [138-1] motion
                 for summary judgment as to the Copyright of the Text of
                 Legal Opinions and Pagination. (kw) [Entry date 11/14/96]

11/13/96 140     Rule 3(g) statement filed by Inc. Hyperlaw (kw)
                 [Entry date 11/14/96]

11/13/96 141     AFFIDAVIT in opposition of Bradley W. Anderson by West
                 Publishing Co. to Re: [138-1] motion for summary judgment
                 as to the Copyright of the Text of Legal Opinions and
                 Pagination. (kw) [Entry date 11/14/96]

11/13/96 142     SUPPLEMENTAL AFFIDAVIT in opposition of Donna M. Bergsgaard
                 by West Publishing Co. of Re: [138-1] motion for summary
                 judgment as to the Copyright of the Text of Legal Opinions
                 and Pagination. (kw) [Entry date 11/14/96]

Docket as of November 22, 1996 5:38 am               Page 17

Proceedings include all events.
1:94cv589     Matthew Bender v. West Publishing Co.

11/13/96 143     MEMORANDUM by West Publishing Co. in opposition to [138-1]
                 motion for summary judgment as to the Copyright of the Text
                 of Legal Opinions and Pagination. (kw) [Entry date 11/14/96]

11/13/96 144     Rule 3(g) statement filed by West Publishing Co. (kw)
                 [Entry date 11/14/96]

11/13/96 145     REPLY by Inc. Hyperlaw to Re: [143-1] opposition
                 memorandum, [142-1] affidavit, [141-1] affidavit (kw)
                 [Entry date 11/14/96]

11/13/96 146     AFFIRMATION of Alan D. Sugarman by Inc. Hyperlaw in support
                 of Re: [145-1] opposition response (kw)
                 [Entry date 11/14/96]

11/15/96 147     EXHIBITS TO THE AFFIDAVIT OF ALAN D. SUGARMAN - Binder 1 of
                 3. (lam) [Entry date 11/19/96]

11/15/96 148     EXHIBITS TO THE AFFIDAVIT OF ALAN D. SUGARMAN - Binder 2 0f
                 3. (lam) [Entry date 11/19/96]

11/15/96 149     EXHIBIT TO AFFIDAVIT OF CARL J. HARTMANN - Binder 3 of 3.
                 (lam) [Entry date 11/19/96]

[END OF DOCKET: 1:94cv589]