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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]