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S.D.N.Y.Procedural orderFiled Dec. 6, 2019

Pearson Education, Inc. v. Doe 1

Judge
Ronnie Abrams
Docket
1:19-cv-07642
Court
U.S. District Court · Southern District of New York
Pages
9
Civil ProcedurePro Se
In one sentence

Pearson Education v. ABC Books: Judge Abrams required clarification and a signature before considering an unclear opposition letter.

Who this affects

The person seeking to submit the unsigned opposition letter, the defendants identified in or associated with that letter, and Patrick Blanks as the person to whom the Clerk was directed to mail the order.

What happened

In Pearson Education, Inc. v. ABC Books LLC et al., the court received an unsigned letter labeled an opposition to the publishers’ amended complaint. The letter appeared possibly to come from Defendant Rodney Blanks, but it was sent by Patrick Blanks, so the intended filer was unclear.

The letter argued that Coberts Little Shop LLC, Rodney Blanks, and Lois Flonnory did not buy or sell counterfeit books and did not know of any counterfeiting. It also described alleged book purchases, sales through online marketplaces, and the destruction of unsold inventory.

Judge Ronnie Abrams directed anyone who wanted the court to consider the letter to resend a revised, signed letter to the Pro Se Intake Unit identifying who submitted it. The court also attached an answer form and directed the Clerk to mail the order to Patrick Blanks.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Pearson Education, Inc. v. Doe 1 · No. 1:19-cv-07642
Judge
Ronnie Abrams
Date
Dec. 6, 2019

Background

The court received an attached letter labeled “Opposition to Plaintiffs First Amended Complaint.” The letter was unsigned. Judge Ronnie Abrams stated that it might be a response from Defendant Rodney Blanks, but it appeared to have been sent by Patrick Blanks in Miami, Florida. The court therefore found it unclear who intended to file the letter.

Contents of the Letter

The letter stated that Coberts Little Shop LLC, Rodney Blanks, and Lois Flonnory did not purchase or sell counterfeit books and did not know that any books were counterfeit. It asserted that books were purchased from a third-party contact, shipped directly to Amazon’s warehouse, and later destroyed after the defendants were unable to sell them. It also disputed the alleged sources of certain purchases and described the defendants’ use of Amazon, eBay, and ABE Books.

The letter further stated that Coberts Little Shop LLC was the legal entity responsible for the book sales, that the Amazon account belonged to Lois Flonnory, and that the defendants had stopped selling books. These statements were presented in the letter; the order did not decide whether they were true.

Court’s Action

The court did not decide the merits of the publishers’ claims or the defenses described in the letter. Instead, it directed the individual who wanted the court to consider the letter to resend a revised letter to the Pro Se Intake Unit at the specified address, make clear who the letter was from, and sign it. The court attached an answer form for people representing themselves without lawyers and directed the Clerk of Court to mail a copy of the order to Patrick Blanks at the address listed in the order.

Disposition

The order is a procedural filing directive. It neither accepted nor rejected the letter’s factual assertions and did not rule on the underlying claims.

The authoritative version

Read the full 9-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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