Case Details

CourtSouthern District of New York
Docket number1:15-cv-04282
Date case filed2015-06-03
Date case closed2017-06-21
Date of latest filing2017-06-21
Assigned toJudge Robert W. Sweet
Case cause17:101 Copyright Infringement
Nature of suit820 Copyright
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Elsevier Inc.
Party type: Plaintiff
Attorney name: David Milton Hirschberg
Attorney Contact:
Devore & Demarco LLP
99 Park Avenue
New York, NY 10016
(212) 922-9499
Fax: (212) 922-1799
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph Vecchione DeMarco
Attorney Contact:
DeVore & DeMarco, L.L.P.
99 Park Avenue Suite 1100
New York, NY 10016
(212) 922-9499
Fax: (212) 922-1799
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Urvashi Sen
Attorney Contact:
DeVore & DeMarco, L.L.P.
99 Park Avenue Suite 1100
New York, NY 10016
(212)-922-9499
Fax: (212)-922-1799
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Elsevier B.V.
Party type: Plaintiff
Attorney name: David Milton Hirschberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph Vecchione DeMarco
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Urvashi Sen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Elsevier Ltd.
Party type: Plaintiff
Attorney name: David Milton Hirschberg
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph Vecchione DeMarco
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Urvashi Sen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sci-Hub
Party type: Defendant
doing business aswww.sci-hub.org
Party: The Library Genesis Project
Party type: Defendant
doing business asLibgen.org
Party: Alexandra Elbakyan
Party type: Defendant
Party: John Does 1-99
Party type: Defendant
Party: Bookfi.org
Party type: Defendant
Party: Elibgen.org
Party type: Defendant
Party: Estrorecollege.org
Party type: Defendant
Party: Libgen.info
Party type: Defendant
Party: Computer & Communications Industry Association
Party type: Amicus
Attorney name: Brian Michael Willen
Attorney Contact:
Wilson Sonsini Goodrich & Rosati
1301 Avenue of The Americas
New York, NY 10019
(650)-849-3340
Fax: (650)-493-6811
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Internet Commerce Coalition
Party type: Amicus
Attorney name: Brian Michael Willen
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12015-06-03 ComplaintCOMPLAINT against Alexandra Elbakyan, John Does 1-99, Sci-Hub, The Library Genesis Project. (Filing Fee $ 350.00, Receipt Number 465401127090)Document filed by Elsevier Inc., Elsevier Ltd., Elsevier B.V..(rdz) (dgo). (Entered: 06/04/2015)
22015-06-03 Civil Cover SheetCIVIL COVER SHEET filed. (rdz) (dgo). (Entered: 06/04/2015)
32015-06-05 Notice of Change of AddressNOTICE OF CHANGE OF ADDRESS by Urvashi Sen on behalf of All Plaintiffs. New Address: DeVore & DeMarco LLP, 99 Park Avenue, Suite 1100, New York, NY, USA 10025, 212-922-9499. (Sen, Urvashi) (Entered: 06/05/2015)
42015-06-09 Endorsed LetterENDORSED LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 6/5/2015 re: Request to file excess pages. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 6/9/2015) (ajs) (Entered: 06/09/2015)
52015-06-11 Motion for Preliminary InjunctionMOTION for Preliminary Injunction and Alternative Service of Process. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 06/11/2015)
62015-06-11 Memorandum of Law in Support of MotionMEMORANDUM OF LAW in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (DeMarco, Joseph) (Entered: 06/11/2015)
72015-06-11 Declaration in Support of MotionDECLARATION of Joseph V. DeMarco in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeMarco, Joseph) (Entered: 06/11/2015)
7.1 Exhibit A
7.2 Exhibit B
82015-06-11 Declaration in Support of MotionDECLARATION of Anthony Woltermann in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(DeMarco, Joseph) (Entered: 06/11/2015)
8.1 Exhibit A
8.2 Exhibit B
8.3 Exhibit C
8.4 Exhibit D
8.5 Exhibit E
8.6 Exhibit F
8.7 Exhibit G
8.8 Exhibit H
8.9 Exhibit I
8.10 Exhibit J
8.11 Exhibit K
8.12 Exhibit L
8.13 Exhibit M
8.14 Exhibit N
8.15 Exhibit O
8.16 Exhibit P
8.17 Exhibit Q
8.18 Exhibit R
8.19 Exhibit S
8.20 Exhibit T
8.21 Exhibit U
8.22 Exhibit V
8.23 Exhibit W
8.24 Exhibit X
8.25 Exhibit Y
92015-06-11 Declaration in Support of MotionDECLARATION of Paul F. Doda in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(DeMarco, Joseph) (Entered: 06/11/2015)
9.1 Exhibit A (part 1)
9.2 Exhibit A (part 2)
9.3 Exhibit B
9.4 Exhibit C
9.5 Exhibit D
9.6 Exhibit E
9.7 Exhibit F
102015-06-11 Declaration in Support of MotionDECLARATION of Christopher McKenzie in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit B (part 1), # 5 Exhibit B (part 2), # 6 Exhibit B (part 3), # 7 Exhibit C, # 8 Exhibit D)(DeMarco, Joseph) (Entered: 06/11/2015)
10.1 Exhibit A (part 1)
10.2 Exhibit A (part 2)
10.3 Exhibit A (part 3)
10.4 Exhibit B (part 1)
10.5 Exhibit B (part 2)
10.6 Exhibit B (part 3)
10.7 Exhibit C
10.8 Exhibit D
112015-06-11 Declaration in Support of MotionDECLARATION of Karen Hawkins in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit B (part 1), # 5 Exhibit B (part 2), # 6 Exhibit B (part 3))(DeMarco, Joseph) (Entered: 06/11/2015)
11.1 Exhibit A (part 1)
11.2 Exhibit A (part 2)
11.3 Exhibit A (part 3)
11.4 Exhibit B (part 1)
11.5 Exhibit B (part 2)
11.6 Exhibit B (part 3)
122015-06-11 Declaration in Support of MotionDECLARATION of David M. Hirschberg in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(DeMarco, Joseph) (Entered: 06/11/2015)
12.1 Exhibit A
12.2 Exhibit B
12.3 Exhibit C
12.4 Exhibit D
12.5 Exhibit E
12.6 Exhibit F
12.7 Exhibit G
12.8 Exhibit H
12.9 Exhibit I
12.10 Exhibit J
12.11 Exhibit K
132015-06-11 Declaration in Support of MotionDECLARATION of Edward M. McCoyd in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (DeMarco, Joseph) (Entered: 06/11/2015)
142015-06-15 Sealed DocumentSEALED DOCUMENT placed in vault.(nm) (Entered: 06/15/2015)
152015-06-18 Order to Show CauseORDER: It is therefore ORDERED that copies of this Order, notice of the Preliminary Injunction Hearing, and the Complaint may be served by any means authorized by law and this Order, including by email transmission to the email addresses available for Defendants on their website or to the email addresses of their domain registrants, as set forth within. It is further ORDERED that the Defendants show cause at 11 a.m. on Tuesday, July 21, before the Part One Judge of this Court, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure requiring, during the pendency of this action, as set forth within. All papers shall be served in accordance with Local Civil Rule 6.1. (As further set forth in this Order.) Show Cause Hearing set for 7/21/2015 at 11:00 AM before Judge Part One. (Signed by Judge Robert W. Sweet on 6/18/2015) (ajs) (Entered: 06/18/2015)
162015-06-24 Rule 7.1 Corporate Disclosure StatementRULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Reed Elsevier plc and Reed Elsevier NV, Corporate Parent Reed Elsevier Holdings BV, Corporate Parent Reed Elsevier Nederland BV, Corporate Parent Reed Elsevier Overseas BV for Elsevier B.V.; Corporate Parent Reed Elsevier plc and Reed Elsevier NV, Corporate Parent Reed Elsevier (UK) Ltd. for Elsevier Ltd.; Corporate Parent Reed Elsevier Inc., Corporate Parent Mosby Holdings Corp., Corporate Parent Reed Elsevier plc and Reed Elsevier NV, Corporate Parent Elsevier STM Inc. for Elsevier Inc.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(Sen, Urvashi) (Entered: 06/24/2015)
172015-06-25 Endorsed LetterENDORSED LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 6/23/2015 re: Request to serve John Doe defendants through alternate email addresses. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 6/24/2015) (ajs) (Entered: 06/25/2015)
182015-06-26 Notice of AppearanceNOTICE OF APPEARANCE by Brian Michael Willen on behalf of Computer & Communications Industry Association, Internet Commerce Coalition. (Willen, Brian) (Entered: 06/26/2015)
192015-06-26 Rule 7.1 Corporate Disclosure StatementRULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Computer & Communications Industry Association, Internet Commerce Coalition.(Willen, Brian) (Entered: 06/26/2015)
202015-06-26 Motion for Leave to File DocumentMOTION for Leave to File Amicus Brief . Document filed by Computer & Communications Industry Association, Internet Commerce Coalition. (Attachments: # 1 [Proposed] Amicus Brief, # 2 Text of Proposed Order)(Willen, Brian) (Entered: 06/26/2015)
20.1 [Proposed] Amicus Brief
20.2 Text of Proposed Order
212015-06-26 Certificate of Service OtherCERTIFICATE OF SERVICE. Document filed by Computer & Communications Industry Association, Internet Commerce Coalition. (Willen, Brian) (Entered: 06/26/2015)
222015-06-29 Order on Motion for Leave to File DocumentORDER FOR LEAVE TO FILE BRIEF AMICUS CURIAE granting 20 Motion for Leave to File Document. Motion for leave to file a brief Amici Curiae by Computer & Communications Industry Association and Internet Commerce Coalition is hereby GRANTED. (Signed by Judge Robert W. Sweet on 6/29/2015) (ajs) (Entered: 06/29/2015)
232015-06-30 OrderORDER: The parties are hereby ORDERED to participate in a telephone conference with the Court on July 7, 2015 at 4:30 p.m. If possible, Plaintiffs shall call chambers at 212-805-0162 with Defendants on the line. Plaintiffs shall serve Defendants with a copy of this Order and file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED. (Telephone Conference set for 7/7/2015 at 04:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams, Part I, on 6/30/2015) (ajs) (Entered: 06/30/2015)
242015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Bookfi.org served on 6/25/2015, answer due 7/16/2015. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
252015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Alexandra Elbakyan served on 6/23/2015, answer due 8/24/2015. Service was made by Mail. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
262015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Elibgen.org served on 6/24/2015, answer due 7/15/2015. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
272015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Estrorecollege.org served on 6/24/2015, answer due 7/15/2015. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
282015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Libgen.info served on 6/25/2015, answer due 7/16/2015. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
292015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. The Library Genesis Project served on 6/25/2015, answer due 7/16/2015. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
302015-07-01 Affidavit of Service ComplaintsAFFIDAVIT OF SERVICE. Sci-Hub served on 6/25/2015, answer due 7/16/2015. Document filed by Elsevier Ltd.; Elsevier Inc.; Elsevier B.V.. (Hirschberg, David) (Entered: 07/01/2015)
312015-07-01 Certificate of Service OtherCERTIFICATE OF SERVICE of Order served on Sci-Hub, The Library Genesis Project, Libgen.info, Elibgen.org, Bookfi.org, Alexandra Elbakyan, Estrorecollege.com on 07/01/2015. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Hirschberg, David) (Entered: 07/01/2015)
322015-07-06 Response to MotionFILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - RESPONSE to Motion re: 20 MOTION for Leave to File Amicus Brief . . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd. (Sen, Urvashi) Modified on 7/7/2015 (db). (Entered: 07/06/2015)
332015-07-07 Declaration in Support of MotionDECLARATION of Joseph V. DeMarco in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A)(DeMarco, Joseph) (Entered: 07/07/2015)
33.1 Exhibit A
342015-07-07 LetterLETTER addressed to Judge Ronnie Abrams from Joseph V. DeMarco dated July 6, 2015 re: Amicus brief filed June 26, 2015. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(Sen, Urvashi) (Entered: 07/07/2015)
352015-07-08 LetterLETTER addressed to Judge Ronnie Abrams from Joseph V. DeMarco dated 07/08/2015 re: Preliminary Injunction Hearing. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 07/08/2015)
362015-07-09 OrderORDER: As soon as possible, Elbakyan shall notify the Court whether she would like it to attempt to locate pro bono counsel to represent her in this matter, free of charge. She may do so by emailing the Court at [email protected] and copying Plaintiffs at [email protected] (She shall not utilize these e-mails for any other purposes, unless expressly authorized by the Court.) To establish her qualification for pro bona counsel, her e-mail should note her current financial condition, including her income from employment and any other sources, as well as any assets and liabilities. The Court's ability to fulfill any such request will depend on the availability of willing counsel, and the Court cannot assure that it can obtain her representation, only that it will use its best efforts to do so. If, instead, Elbakyan wishes to proceed pro se, or without an attorney, she shall enter an appearance in this action, no later than July 13, 2015, by filing papers in opposition to Plaintiffs' motion for a preliminary injunction. She may file such papers by contacting the Southern District's Pro Se Intake Unit at + 1 (212) 805-0175. All other Defendants are cautioned that a default judgment may be entered against them if they do not appear in or otherwise defend this action. Further, although individuals may appear pro se, corporate entities may not do so and must retain counsel or risk default. See, e.g., Pridgen v. Andresen, 113 F.3d 391, 393 (2d Cir. 1997). A second telephone conference in this matter will be held on July 14, 2014 at 4:00 p.m. (EDT), as previously scheduled. At that time, the parties shall jointly call Chambers at + 1 (212) 805-0162. Counsel for Plaintiffs shall serve this Order on Defendants by e-mail. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams, Part I, on 7/9/2015) (ajs) Modified on 7/9/2015 (ajs). (Main Document 36 replaced on 7/9/2015) (ajs). (Entered: 07/09/2015)
372015-07-10 Certificate of Service OtherCERTIFICATE OF SERVICE of Order served on Sci-Hub, The Library Genesis Project, Libgen.info, Elibgen.org, Bookfi.org, Alexandra Elbakyan, Estrorecollege.com on 7/10/15. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Hirschberg, David) (Entered: 07/10/2015)
382015-07-14 TranscriptTRANSCRIPT of Proceedings re: Conference held on 7/7/2015 before Judge Ronnie Abrams. Court Reporter/Transcriber: Patricia Kaneshiro-Miller, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2015. Redacted Transcript Deadline set for 8/17/2015. Release of Transcript Restriction set for 10/16/2015.(Rodriguez, Somari) (Entered: 07/14/2015)
392015-07-14 Notice of Filing TranscriptNOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 07/07/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 07/14/2015)
402015-07-15 OrderORDER: On July 14, 2015, the Court held a second telephone conference to discuss the preliminary injunction hearing in this matter, which had been scheduled for July 21, 2015. Defendant Alexandra Elbakyan ("Elbakyan") again participated in this telephone conference, although she has yet to respond to Plaintiffs' motion. During the conference, Elbakyan again indicated that she intends to defend this action, but requested additional time in which to retain counsel. Plaintiffs consented to this request, as well as to a corresponding adjournment of the July 21 hearing. The July 21 hearing is thus adjourned to September 16, at a time to be determined by Judge Sweet. Counsel for Elbakyan shall enter a notice of appearance no later than August 21, with any opposition papers due no later than August 28. Plaintiffs shall then have until September 9 to file a reply. Although Elbakyan has indicated that she does not wish for the Court to assist with the retention of counsel, should her position change, she must notify the Court no later than July 21. As noted in the Court's prior Order, she may do so by e-mailing the Court at [email protected] and copying Plaintiffs at [email protected] (She shall not utilize these e-mails for any other purposes, unless expressly authorized by the Court.) To establish her qualification for pro bono counsel, any such e-mail should note her current financial condition, including her income from employment and any other sources, as well as any assets and liabilities. The Court's ability to fulfill any such request will depend on the availability of willing counsel, and the Court cannot assure that it can obtain her representation, only that it will use its best efforts to do so. Counsel for Plaintiffs shall serve this Order on Defendants by e-mail. SO ORDERED. (Signed by Judge Ronnie Abrams, Part I, on 7/15/2015) (ajs) (Entered: 07/15/2015)
412015-07-17 Certificate of Service OtherCERTIFICATE OF SERVICE of Order served on Sci-Hub, The Library Genesis Project, Libgen.info, Elibgen.org, Bookfi.org, Alexandra Elbakyan, Estrorecollege.com on 7/17/15. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Hirschberg, David) (Entered: 07/17/2015)
422015-07-27 TranscriptTRANSCRIPT of Proceedings re: conference held on 7/14/2015 before Judge Ronnie Abrams. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2015. Redacted Transcript Deadline set for 8/31/2015. Release of Transcript Restriction set for 10/29/2015.(McGuirk, Kelly) (Entered: 07/27/2015)
432015-07-27 Notice of Filing TranscriptNOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/14/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/27/2015)
442015-08-03 OrderORDER: The Plaintiffs' motion for a preliminary injunction will be heard at noon on Wednesday, September 16, 2015 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All motion papers shall be served in accordance with the Honorable Ronnie Abrams' July 15, 2015 Order (Dkt. No. 40 ). (Signed by Judge Robert W. Sweet on 7/29/2015) (spo) (Entered: 08/03/2015)
452015-08-07 Scheduling OrderPRETRIAL ORDER: Pretrial Conference set for 10/14/2015 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (See Order.) (Signed by Judge Robert W. Sweet on 8/7/2015) (ajs) (Entered: 08/07/2015)
462015-08-19 Declaration in Support of MotionDECLARATION of Paul F. Doda in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (DeMarco, Joseph) (Entered: 08/19/2015)
472015-08-19 Declaration in Support of MotionDECLARATION of Anthony Woltermann in Support re: 5 MOTION for Preliminary Injunction and Alternative Service of Process.. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(DeMarco, Joseph) (Entered: 08/19/2015)
47.1 Exhibit A
47.2 Exhibit B
47.3 Exhibit C
47.4 Exhibit D
47.5 Exhibit E
47.6 Exhibit F
47.7 Exhibit G
47.8 Exhibit H
47.9 Exhibit I
47.10 Exhibit J
47.11 Exhibit K
47.12 Exhibit L
47.13 Exhibit M
482015-08-19 LetterLETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 08/19/15 re: Elsevier Inc. et al v. Sci-Hub et all (15-cv-4282 (RWS)). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Text of Proposed Order)(DeMarco, Joseph) (Entered: 08/19/2015)
48.1 Text of Proposed Order
492015-09-02 LetterLETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 09/02/15 re: Elsevier Inc. et al v. Sci-Hub et all (15-cv-4282 (RWS)). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 09/02/2015)
502015-09-15 LetterLETTER addressed to Judge Robert W. Sweet from Alexandra Elbakyan re: Clarification of details. (ajs) (Entered: 09/15/2015)
512015-10-09 LetterLETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 10/9/2015 re: Pre-trial conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(Sen, Urvashi) (Entered: 10/09/2015)
522015-10-13 Memo EndorsementMEMO ENDORSEMENT on re: 51 LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 10/9/2015 re: Pre-trial conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd. ENDORSEMENT: So ordered. The following deadline(s) was terminated: Pretrial Conference. (Signed by Judge Robert W. Sweet on 10/12/2015) (rjm). (Entered: 10/13/2015)
532015-10-30 Memorandum & OpinionOPINION #105999 re: 5 MOTION for Preliminary Injunction and Alternative Service of Process, filed by Elsevier Ltd., Elsevier B.V., Elsevier Inc. For the reasons set forth above, the motion for a preliminary injunction is granted. It is hereby ordered as further set forth in this Order. Security in the amount of $5,000 be posted by the Plaintiffs within one week of the entry of this Order. (Signed by Judge Robert W. Sweet on 10/28/2015) (spo) Modified on 11/3/2015 (ca). (Entered: 10/30/2015)
542015-11-04 UNDERTAKING ON PRELIMINARY INJUNCTION BOND # 3377462 in the amount of $ 5,000.00 posted by Elsevier B.V., Elsevier Inc., and Elsevier Ltd. (dt) (Main Document 54 replaced on 11/4/2015) (dt). (Entered: 11/04/2015)
552015-12-04 INTERNET CITATION NOTE: Material from decision with Internet citation re: 53 Memorandum & Opinion. (vf) (Entered: 12/04/2015)
562015-12-18 PRETRIAL ORDER: Pretrial Conference set for 1/20/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 12/18/2015) (spo) (Entered: 12/18/2015)
572016-01-13 LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 01/13/16 re: Pretrial Conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 01/13/2016)
582016-01-15 MEMO ENDORSEMENT on re: 57 Letter filed by Elsevier Ltd., Elsevier B.V., Elsevier Inc. ENDORSEMENT: Adjourned to March 17, 2016. So ordered. (Signed by Judge Robert W. Sweet on 1/14/2016) (cf) (Entered: 01/15/2016)
592016-03-11 LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 03/11/16 re: Pretrial Conference. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 03/11/2016)
602016-03-15 MEMO ENDORSEMENT on re: 59 Letter re: Pretrial Conference, filed by Elsevier Ltd., Elsevier B.V., Elsevier Inc. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 3/14/2016) (spo) (Entered: 03/15/2016)
612016-03-15 ORDER: Pretrial Conference set for 4/27/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 3/15/2016) (spo) (Entered: 03/15/2016)
622016-04-14 SCHEDULING ORDER: Pretrial Conference set for 9/7/2016 at 04:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet. (As further set forth in this Order.) (Signed by Judge Robert W. Sweet on 4/14/2016) (spo) (Entered: 04/14/2016)
632016-09-02 LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 09/02/16 re: Elsevier Inc. et al v. Sci-Hub et all (15-cv-4282 (RWS)). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 09/02/2016)
642016-09-06 MEMO ENDORSEMENT on re: 63 Letter filed by Elsevier Ltd., Elsevier B.V., Elsevier Inc. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/6/2016) (kl) (Entered: 09/06/2016)
652016-09-06 ORDER: Please be advised that the conference scheduled for 9/7/16 has been rescheduled to 10/24/16 @ 10AM in Courtroom 18C. Please notify opposing counsel of the change. SO ORDERED. (Pretrial Conference set for 10/24/2016 at 10:00 AM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/6/2016) (kl) (Entered: 09/06/2016)
662016-09-13 MOTION for Discovery . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Text of Proposed Order)(DeMarco, Joseph) (Entered: 09/13/2016)
66.1 Text of Proposed Order
672016-09-13 MEMORANDUM OF LAW in Support re: 66 MOTION for Discovery . . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (DeMarco, Joseph) (Entered: 09/13/2016)
682016-09-13 DECLARATION of Joseph V. DeMarco in Support re: 66 MOTION for Discovery .. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit, # 2 Exhibit)(DeMarco, Joseph) (Entered: 09/13/2016)
68.1 Exhibit
68.2 Exhibit
692016-09-13 DECLARATION of Paul F. Doda in Support re: 66 MOTION for Discovery .. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(DeMarco, Joseph) (Entered: 09/13/2016)
69.1 Exhibit A
69.2 Exhibit B
69.3 Exhibit C
69.4 Exhibit D
69.5 Exhibit E
702016-09-15 ORDER AUTHORIZING EXPEDITED DISCOVERY. ORDERED that Defendants, show cause before a motion term of this Court, at Room 18C, United States Courthouse, 500 Pearl Street, in the City, County and State of New York, on September sixteenth, at twelve o'clock in the afternoon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued permitting Elsevier to serve discovery on CloudFlare, Inc. in order to obtain information related to the identity and activities of the persons responsible for the alleged infringement of Elsevier's copyrights through the domains libgen.org and bookfi.org. ORDERED that CloudFlare, Inc. shall preserve, for at least one hundred twenty (120) days any and all information responsive to the requests, including but not limited to, customer and subscriber account information and user connection logs, server logs, authentication sessions, contact information, account histories, and/or billing information. ORDERED that any response or opposition to Elsevier's Application for Leave to Take Expedited Discovery must be filed and served on Elsevier's counsel forty-eight (48) hours prior to the hearing set for 9/29, 2016, and filed with the Court, with Proof of Service, on 9/28, 2016. Elsevier shall file any Reply Memorandum on or before 9/29, 2016. The above dates may be revised upon stipulation by all parties and approval of this Court. All papers shall be served in accordance with Local Civil Rule 6.1. Granting 66 Motion for Discovery. (Signed by Judge Robert W. Sweet on 9/15/2016) (rjm) (Entered: 09/15/2016)
712016-09-19 ORDER. The Plaintiffs' motion for leave to take expedited discovery, dated September 14, 2016, shall be heard at noon on Thursday, September 29, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 9/29/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/16/2016) (rjm) (Entered: 09/19/2016)
722016-09-28 LETTER addressed to Judge Robert W. Sweet from Joseph V. DeMarco dated 09/28/16 re: Elsevier Inc. et al v. Sci-Hub et all (15-cv-4282 (RWS)). Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd..(DeMarco, Joseph) (Entered: 09/28/2016)
732016-09-29 ORDER. The Plaintiffs' motion for leave to take expedited discovery, dated September 14, 2016, shall be heard at noon on Thursday, October 20, 2016 in Courtroom 18C, United States Courthouse, 500 Pearl Street. All papers shall be served in accordance with Local Civil Rule 6.1. It is so ordered. (Oral Argument set for 10/20/2016 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 9/29/2016) (rjm) (Entered: 09/29/2016)
742016-10-20 ORDER AUTHORIZING EXPEDITED DISCOVERY. IT IS ORDERED that Plaintiffs' Application for Leave to Take Expedited Discovery from CloudFlare, Inc. concerning the identities of the operators of the websites libgen.org and bookfi.org is GRANTED. Plaintiff may serve a third party subpoena on CloudFlare, Inc. requiring production of records relating to the identities of the operators of libgen.org and bookfi.org. So ordered. (Signed by Judge Robert W. Sweet on 10/20/2016) (rjm) (Entered: 10/20/2016)
752016-12-19 PRETRIAL ORDER: Initial Conference set for 2/14/2017 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet, as further set forth in this order. (Signed by Judge Robert W. Sweet on 12/19/2016) (jwh) (Entered: 12/19/2016)
762017-02-15 REQUEST TO ENTER DEFAULT against Sci-Hub, Alexandra Elbakyan, The Library Genesis Project d/b/a Libgen.org, elibgen.org, libgen.info, estrorecollege.org, bookfi.org, Does 1-99. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit Proposed Certificate of Default)(DeMarco, Joseph) (Entered: 02/15/2017)
772017-02-15 DECLARATION of David M. Hirschberg re: 76 Request to Enter Default, . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A- Proof of Service, # 2 Exhibit B - Proof of Service, # 3 Exhibit C - Proof of Service, # 4 Exhibit D - Proof of Service, # 5 Exhibit E - Proof of Service, # 6 Exhibit F - Proof of Service, # 7 Exhibit G - Proof of Service)(DeMarco, Joseph) (Entered: 02/15/2017)
782017-02-16 REQUEST TO ENTER DEFAULT against Sci-Hub, Alexandra Elbakyan, The Library Genesis Project d/b/a Libgen.org, elibgen.org, libgen.info, estrorecollege.org, bookfi.org, Does 1-99. . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit Proposed Certificate of Default)(DeMarco, Joseph) (Entered: 02/16/2017)
792017-02-16 DECLARATION of David M. Hirschberg in Support re: 78 Request to Enter Default,. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A- Proof of Service, # 2 Exhibit B - Proof of Service, # 3 Exhibit C - Proof of Service, # 4 Exhibit D - Proof of Service, # 5 Exhibit E - Proof of Service, # 6 Exhibit F - Proof of Service, # 7 Exhibit G - Proof of Service, # 8 Exhibit H)(DeMarco, Joseph) (Entered: 02/16/2017)
802017-02-16 CLERK'S CERTIFICATE OF DEFAULT: AS TO Alexandra Elbakyan, Sci-Hub. Org., The Library Genesis project d/b/a libgen,org, Elibgen.org, Libgen.info, Estrorecollege.org, and Bookfi.org (dt) (Entered: 02/16/2017)
812017-05-16 MOTION for Default Judgment as to all Defendants., MOTION for Permanent Injunction . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Proposed Order Exhibit A, # 3 Exhibit Proposed Order Exhibit B)(DeMarco, Joseph) (Entered: 05/16/2017)
81.1 Text of Proposed Order
81.2 Exhibit Proposed Order Exhibit A
81.3 Exhibit Proposed Order Exhibit B
822017-05-16 MEMORANDUM OF LAW in Support re: 81 MOTION for Default Judgment as to all Defendants. MOTION for Permanent Injunction . . Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeMarco, Joseph) (Entered: 05/16/2017)
832017-05-16 DECLARATION of Joseph V. DeMarco in Support re: 81 MOTION for Default Judgment as to all Defendants. MOTION for Permanent Injunction .. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit Clerk's Certificate of Default)(DeMarco, Joseph) (Entered: 05/16/2017)
842017-05-16 DECLARATION of Paul F. Doda in Support re: 81 MOTION for Default Judgment as to all Defendants. MOTION for Permanent Injunction .. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit Order)(DeMarco, Joseph) (Entered: 05/16/2017)
852017-05-16 DECLARATION of Anthony Woltermann in Support re: 81 MOTION for Default Judgment as to all Defendants. MOTION for Permanent Injunction .. Document filed by Elsevier B.V., Elsevier Inc., Elsevier Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(DeMarco, Joseph) (Entered: 05/16/2017)
862017-05-18 ORDER: with respect to 81 Motion for Default Judgment; with respect to 81 Motion for Permanent Injunction. Plaintiffs' Application for an Order to Show Cause for Permanent Injunction and Default Judgment, dated May 16, 2017, will be treated as a motion for default judgment and permanent injunction, and will be heard at 11:00AM on Wednesday, June 21, 2017 in Courtroom 18C, United States Courthouse, 500 Pearl Street. Plaintiffs shall serve copies of this Order on Defendants in accordance with this Court's Order dated June 18, 2015. All motion papers shall be served in accordance with Local Civil Rule 6.1. Oral Argument set for 6/21/2017, at 11:00 A.M., in Courtroom 18C, 500 Pearl Street. (Signed by Judge Robert W. Sweet on 5/17/2017) (ap) Modified on 5/22/2017 (ap). (Entered: 05/18/2017)