Pearson Education, Inc. et al v. Kumar et al, No. 1:2007cv09399 - Document 39 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER re: 13 MOTION for Summary Judgment filed by John Wiley & Sons, Inc., Cengage Learning Inc., Pearson Education, Inc., The McGraw-Hill Companies, Inc., 34 FIRST MOTION to Dismiss Defendants Notice of Cross-Motion to Dis miss the Complaint due to Failure to State a Claim and Lack of Personal Jurisdiction filed by Vinod Kumar, Dart Air, Inc. Summary judgment is GRANTED to Plaintiffs on the claim of copyright infringement. There is no genuine issue of material fact an d the Plaintiffs are entitled to judgment as a matter of law. The Court awards statutory damages of $284,250, as set forth supra, and permanently enjoins Defendants from all future infringement of Plaintiffs' 379 copyrighted works at issue in this litigation. Defendant Kumar's motion for lack of personal jurisdiction is DENIED. Defendants' cross motions for failure to state a claim and/or summary judgment are also hereby DENIED. Plaintiffs may elect between having judgment e nter on their claims for copyright infringement in Claim One of the Amended Complaint and foregoing their trademark and common law claims in Claims Two and Three, or having judgment enter on the copyright claims and proceeding to trial on the tradema rk and common law claims. If Plaintiffs elect the first option, the Court will enter a judgment for statutory damages and injunctive relief on the copyright claims which will stand as the final judgment on the entire case. If Plaintiffs elect the sec ond option, the Court will enter a final judgment for statutory damages and injunctive relief on the copyright claims pursuant to Rule 54(b), Fed. R. Civ. P., and the trademark and common law claims will proceed to trial. Plaintiffs are directed to elect between those options and, on or before May 14, 2010, settle a Judgment consistent with this Opinion and reflective of that election on fourteen (14) days' notice. It is So Ordered. (Signed by Judge Charles S. Haight on 4/16/2010) (tve)