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Penguin Group Inc.
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Order | Filed: April 22, 2024 | Entered: April 22, 2024 Pearson Education Inc. et al v. Khaled Hasan et al
Copyright | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 163 MOTION for Leave to File Excess Pages . filed by Elsevier B.V., Springer Publishing Company, LLC, Guilford Publications, Inc., Liveright Publishing Corporation, McGraw Hill LLC., W.W. Norton & Company, Inc., American Psychiatric Association, Pearson Education Inc., Penguin Books Limited Company, American Psychological Association, Inc., Sourcebooks, LLC, Wolters Kluwer Health, Inc., No Starch Press, Inc., HarperCollins Publishers LLC, Simon & Schuster, Inc., Cengage Learning Inc., Bedford, Freeman & Worth Publishing Group LLC, The Zondervan Corporation LLC, John Wiley and Sons, Inc., Jones & Bartlett Learning, LLC, Penguin Random House LLC, American Heart Association, Inc., Taylor & Francis Group LLC, MacMillan Holdings LLC., Elsevier Inc., American Academy of Pediatrics. ENDORSEMENT: Denied as moot. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/22/24) (yv)
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Order | Filed: April 22, 2024 | Entered: April 22, 2024 Pearson Education Inc. et al v. Khaled Hasan et al
Copyright | New York Southern
Memo Endorsement
MEMO ENDORSEMENT on re: 99 MOTION for Reconsideration of October 10, 2023 Order. filed by Customs and Border Protection. ENDORSEMENT: The United States, which is not a party to this action, moves for reconsideration of so much of the Court' s ex parte seizure order of October 10, 2023 as required U.S. Customs and Border Protection ("CBP") to provide Plaintiffs advance notice of any future incoming shipments from India to Defendants, without any geographic or temporal limits (the "Notice Provision" ). It argues that the Notice Provision is precluded by sovereign immunity and that the government did not waive that immunity under 15 U.S.C. § 1116(d), the statutory provision upon which the plaintiffs contend the United States did so. While the government did not explicitly assert a right, or seek leave, to intervene to make this motion, its request for such relief is implicit in its motion, and defendants have not objected to the government's ability to make this motion.Having considered the helpful briefs submitted by both sides, it is clear to the Court that Section 1116(d) waives sovereign immunity only in suits against the United States seeking relief against it for any violation by the United States of the Lanham Act. Plaintiffs do not here make any such claim. Indeed, they have not sued the United States. Accordingly, the United States is granted leave to intervene for the purpose of making its reconsideration motion. That motion (Dkt 99) is granted. The Notice Provision of the October 10, 2023 is vacated. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/22/24) (yv)
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Misc | Filed: April 22, 2024 | Entered: April 22, 2024 Pearson Education Inc. et al v. Khaled Hasan et al
Copyright | New York Southern
AO 121 Form Copyright - Case Terminated - Submitted
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 4/22/24 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights.(yv)
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