Aug. 30th, 2008


[info]elfwreck

Filings 13, 14, 15: LETTERS - Not available

Filings 13, 14 and 15 are listed in the index at http://news.justia.com/cases/featured/new-york/nysdce/1:2007cv09667/315790/ but the actual documents are not available. More detail, or actual copies if anyone has them, would be appreciated.

Description: 13: LETTER addressed to Judge Robert P. Patterson Jr. from Dale M. Cendali dated 11/26/07 re: Counsel for plaintiffs write in response to the letter sent by counsel for FDR Books requesting a discovery conference. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(jco) (Entered: December 5, 2007)
Date Filed: November 28, 2007

Description: 14: LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 11/26/07 re: Counsel writes to inform the Court that the parties have been unable to agree to a discovery schedule in this case, or to resolve any of the preliminary issues raised in Rule 26(f) of the F.R.C.P. Document filed by RDR Books.(jco) (Entered: December 5, 2007)
Date Filed: November 28, 2007

Description: 15: LETTER addressed to Judge Robert P. Patterson, Jr. from Dale M. Cendali dated 11/27/07 re: Counsel writes in further response to the letter sent by counsel for RDR Books. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(jco) (Entered: December 5, 2007)
Date Filed: November 28, 2007
Tags:

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Filing 12 – NOTICE OF APPEARANCE by David Saul Hammer

Description: NOTICE OF APPEARANCE by David Saul Hammer on behalf of RDR Books (Hammer, David) (Entered: December 4, 2007)
Date Filed: December 4, 2007
Justia URL: http://news.justia.com/cases/featured/new-york/nysdce/1:2007cv09667/315790/12
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description:

RDR says: It's Hammer Time )

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Filing 11 – Stipulation Extending Defendant's Time to Answer

Description: STIPULATION AND ORDER EXTENDING DEFENDANTS TIME TO ANSWER; that the time for defendant RDR Brooks to serve an answer to the complaint of plaintiffs Warner Bros. Entertainment, Inc. and J.K. Rowling in this captioned case is extended until the Tenth day following the entry of this courts decision and Order on plaintiffs' motion for a preliminary injunction. (Signed by Judge Robert P. Patterson on 11/20/07) (pl) (Entered: November 21, 2007)
Date Filed: November 21, 2007
Justia URL: http://news.justia.com/cases/featured/new-york/nysdce/1:2007cv09667/315790/11
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description:

RDR gets a few more days to answer )

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Filing 10 - Affidavit of Service

Description: AFFIDAVIT OF SERVICE of Summons and Complaint. RDR Books served on 10/31/2007, answer due 11/20/2007. Service was accepted by John Doe. Document filed by Warner Bros. Entertainment Inc.; J. K. Rowling.
Date Filed: November 14, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/10/
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description:

RDR Books: You've been served! )

Apr. 26th, 2008


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Filing 9 – ORDER stopping production of Lexicon book

Description: ORDER This order shall continue and remain in force until the Court has ruled on Plaintiffs'motion for a preliminary injunction. Plaintiffs shall file their motion for preliminary injunction on January 7,2008. Defendant's opposition will be due on January 22,2008. Plaintiffs' reply will be due on January 29,2008. The preliminary injunction hearing will take place on February 6,2008, or on such other date as the Court directs. All papers will be served by hand on the date that they are due unless otherwise agreed. IT IS SO ORDERED. Motions due by 1/7/2008,Responses due by 1/22/2008,Replies due by 1/29/2008. (Signed by Judge Robert P. Patterson on 11/8/2007) (jmi) Additional attachment(s) added on 11/9/2007 (Ruocco, Michael). (Entered: November 9, 2007)
Date Filed: November 9, 2007
Justia URL: http://news.justia.com/cases/featured/new-york/nysdce/1:2007cv09667/315790/9
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description:
Judge demands that RDR stop typesetting & otherwise getting the Lexicon ready for print, remove it from Amazon's listings, etc. )

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Filing 8 - ENDORSED LETTER to Judge requesting more time

Description: ENDORSED LETTER addressed to Judge Robert P. Patterson from David S. Hammer dated 11/8/07 re: a request for an adjournment of the briefing schedule and to meet with the Judge today. ENDORSEMENT: Defendant's application for a seven week delay in answering plaintiff's motion for a preliminary injunction is denied without prejudice to counsel for defendant and plaintiff appearing this afternoon before 5 PM with a draft Temporary Restraining Order which would be in place during further briefing of the pending motion. SO ORDERED (Signed by Judge Robert P. Patterson on 11/8/07) (kco) (Entered: November 8, 2007)
Date Filed: November 8, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/8/
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description: RDR asks for more time (seven weeks) to get their act together, 'cos they're tiny and poor and this caught them by surprise. The judge says no, Prelim Inj ("do not publish book," I think) will go through as planned.

The original was a scan of a fax of a letter. I removed all the letterhead formatting. It included handwritten judge's note; that's the 'endorsement' noted in the doc description. )

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Filing 7 – DECLARATION of Dale Cendali

Description: DECLARATION of Dale Cendali in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3# 4 Exhibit B# 5 Exhibit C)(Cendali, Dale) (Entered: November 5, 2007)
Date Filed: November 5, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/7/
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description: Dale Cendali is a lawyer for the plaintiffs. SVA/RDR planned a book based on the Lexicon websites; WB/JKR believes that infringes on their IP rights & demanded they C&D. Attachments (not available at the Justia website) show cover of book and whatnot, indicating trademark infringement.

Department of Redundancy Department. )

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Filing 6 – DECLARATION of Diane Nelson

Description: DECLARATION of Diane Nelson in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) (Entered: November 5, 2007)
Date Filed: November 5, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/6/
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description: Diane Nelson is president of Warner Premiere. They own the Harry Potter film rights and various trademarks attached thereto.

You can skip this one; it's just part of establishing who's allowed to sue whom. )

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Filing 5 - DECLARATION of Neil Blair

Description: DECLARATION of Neil Blair in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) (Entered: November 5, 2007)
Date Filed: November 5, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/5/
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description: Blair is a laywer for Rowling's literary agency. She doesn't authorize other people to write Harry Potter books. Blair ran across an ad for the Lexicon book at PublishersMarketplace.com. He contacted SVA/RDR about it, and got told they "had been asked to leave all correspondence on this matter to others."

Does he really need to spend 5 of his 9 paragraphs saying that JKR wrote some books? )

Apr. 22nd, 2008


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Filing 4 – Memo of Law in support of Order to Show Cause

Description: MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,,,,. Document filed by Warner Bros. Entertainment Inc., J. K. Rowling. (Cendali, Dale) (Entered: November 5, 2007)
Date Filed: November 5, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/4/
DISCLAIMER: IANAL. This is not legal advice or analysis.
Layman's description: "Please, Mr. Judge, make them not publish that nasty book until the trial is over, 'cos it's likely we're gonna win, and if we win and they publish it, we're hurtin' lots and lots, and if they win (which they won't) they haven't lost much at all."

This was 15 pages in PDF, so it's really long. I've removed page references in the table of contents. )

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Filing 3 – Order to Show Cause

Description: ORDER TO SHOW CAUSE Defendant, RDR Books shall show cause as to why enjoining Defendant yadda yadda ) It is hereby ORDERED that Defendant will produce documents responsive to the requests for production attached to long lists of legal details )
Date Filed: November 2, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/3/
DISCLAIMER: IANAL. Fan resource, not a legal one.

Layman's description: Judge demands RDR/SVA say why they shouldn't be stopped from publication. Or maybe stops them from publication, pending an actual trial ruling. Anyway, this is the court saying "make a defense, or at least the start of one, or the ruling goes against you."
Actual document )

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Filing 2 - Corporate Disclosure Statement

Description: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Time Warner Cable Inc. as Corporate Parent. Document filed by Warner Bros. Entertainment Inc.(jpo) (Entered: November 2, 2007)
Date Filed: October 31, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/2/
DISCLAIMER: IANAL. This is not legal advice or analysis. This is not a true-and-correct representation of anything related to the case. This is provided for entertainment purposes only. Not responsible for typos, html errors, ommissions, or misinterpretations. Read at your own risk. Hail Eris.
Layman's description: Of no interest to anyone who's not a lawyer. When the LOL translation of the trial is written, this doc will say "WE HAZ A CORPRAYSHUN." Says Warner Bros. is a real-and-legit corporation registered in the US yadda yadda.

Don't bother clicking; this is entirely the most boring document in the whole trial. )

Apr. 20th, 2008


[info]elfwreck

Filing 1 - Initial Complaint by WB & JKR vs RDR Books etc.

Description: COMPLAINT against RDR Books, Does. (Filing Fee $ 350.00, Receipt Number 631528)
Document filed by Warner Bros. Entertainment Inc., J. K. Rowling.(jpo) (Entered: November 2, 2007)
Date Filed: October 31, 2007
Justia URL: http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2007cv09667/315790/1/

DISCLAIMER: IANAL. This is not legal advice or analysis. This is not a true-and-correct representation of anything related to the case. This is provided for entertainment purposes only. Not responsible for typos, html errors, ommissions, or misinterpretations. Read at your own risk. Hail Eris.
Layman's description: WB & JKR accuse RDR Books and various unnamed people of:
  1. Copyright Infringement,
  2. Federal Trademark Infringement,
  3. Unfair Competition and False Designation of Origin,
  4. False Advertising,
  5. Deceptive Trade Practices,
  6. ?? (yes, unknown. It skips from 5 to 7. *shrug* Must be a lawyer thing.)
  7. Unfair Competition,
  8. Declaratory Judgment re. Copyright Infringement (I gather this is weird legalese for "RDR can't sue WB/JKR for future movies that make use of facts that look like they came from the Lexicon.").
WB/JKR want a judge to declare the Lexicon breaks several laws, must not be printed/sold, and RDR needs to pay an unspecified swampload of money including WB/JKR's legal fees.

ACTUAL TEXT OF DOCUMENT: Very long document, with probably not enough formatting. )