Page:White v. West (memorandum opinion).pdf/1

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Case 1:12-cv-01340-JSR Document 84 Filed 07/03/14 Page 1 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

EDWARD L. WHITE, EDWARD L. WHITE, P.C., and KENNETH ELAN, on behalf of themselves and all others similarly situated,
Plaintiffs,
-v-

WEST PUBLISHING CORPORATION d/b/a “West,” and REED ELSEVIER INC., d/b/a “LexisNexis,”

Defendants.

12 Civ. 1340 (JSR)

MEMORANDUM AND ORDER

JED S. RAKOFF, U.S.D.J.

On February 22, 2012, plaintiffs Edward L. White, Edward L. White, P.C., and Kenneth Elan filed a putative class action alleging copyright infringement against defendants West Publishing Corp. (“West”) and Reed Elsevier, Inc. (“Lexis”). On June 26, 2012, after the Court had dismissed Elan’s claims and those of the proposed subclass of plaintiffs who had not registered any copyrights, White filed an amended, non-class action complaint, asserting claims of copyright infringement based on the inclusion of White’s copyrighted briefs in West’s “Litigator” and Lexis’s “Briefs, Pleading and Motions” databases. On September 28, 2012 and October 5, 2012, defendants and White, respectively, filed cross-motions for summary judgment on White’s copyright infringement claims. The Court heard oral argument on these motions on November 20, 2012 and in a “bottom-line” Order dated February 11, 2013, granted defendants’

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