The Disclosure consisted of an unsigned document attached to an email from defendants attorney. Pursuant to this requirement, defendants informed plaintiffs that they had purchased most if not all of the counterfeit textbooks from a company in Thailand named Best Books World ( Best Books ). It also required Smyres to disclose to plaintiffs the foreign and domestic sources of any pirated copies of plaintiffs textbooks, including the name and location of the entity from whom such books were purchased, the types of books purchased, and the year(s) that Smyres Parties purchased such books. The agreement contained an injunctive provision prohibiting Smyres, as well as any entity owned or controlled by Smyres, from importing or selling pirated copies of plaintiffs textbooks. 1 to Plaintiffs Memorandum in Support of Their Motion to Compel Production of Documents and Testimony, filed Mar. See Settlement Agreement and Mutual Releases, dated J(annexed as Ex. In 2008, plaintiffs settled the 2007 lawsuit with a written settlement agreement that was signed by Smyres on behalf of himself and his companies. In October 2007, plaintiffs filed a lawsuit against Smyres, alleging that he had imported and distributed counterfeit copies of plaintiffs copyrighted textbooks. Plaintiffs allege that in 20, they purchased copies of their textbooks from Smyres s companies 1 and determined these copies to be counterfeits. ¶¶ 14, 26 Answer to Amended Complaint, filed J(Docket # 25), ¶ 14. Defendant Philip Smyres is the owner of BDB. Defendant BDB is a company that buys and sells textbooks, including some textbooks published by plaintiffs. Plaintiffs 2007 Suit Against Smyres Plaintiffs are publishing companies that provide a wide range of educational products for students and professionals. For the reasons stated below, plaintiffs motion is granted. Plaintiffs also request that they be allowed to take a limited deposition of Mooney regarding these communications. seek an order compelling defendants Book Dog Books, LLC ( BDB ) and Philip Smyres to produce documents concerning certain communications that took place between Smyres and his attorney Neil Mooney. ( John Wiley ), Cengage Learning, Inc., and Pearson Education, Inc. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE Plaintiffs John Wiley & Sons, Inc. 816 (WHP) (GWG) : BOOK DOG BOOKS, LLC et al., Defendants. et al., : : Plaintiffs, OPINION & ORDER : -v.: 13 Civ. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -x JOHN WILEY & SONS, INC.
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