In a 26-page order today, Chief U.S. District Judge John Woodcock Jr.
had denied Amazon.com’s motion to dismiss.
You can read the entire order (a pdf file) HERE (Link to PDF).
Denial of the motion to dismiss means the case may proceed. Among other steps, we anticipate beginning discovery (where we are able to request documents from Amazon) shortly. Although there is still a long way to go, surviving the motion to dismiss is an important first step.
Questions regarding this development may be directed to:
PLAINTIFF – BOOKLOCKER.COM, INC.
Angela Hoy – angela@booklocker.com
Richard Hoy – richard@booklocker.com
ATTORNEY FOR PLAINTIFF – IZARD NOBEL LLP
Seth Klein – sklein@izardnobel.com

In a 26-page order today, Chief U.S. District Judge John Woodcock Jr. has denied Amazon.com’s motion to dismiss.

You can read the entire order (a pdf file) HERE.

Denial of the motion to dismiss means the case may proceed. Among other steps, we anticipate beginning discovery (where we are able to request documents from Amazon) shortly. Although there is still a long way to go, surviving the motion to dismiss is an important first step.

Questions regarding this development may be directed to:

PLAINTIFF – BOOKLOCKER.COM, INC.
Angela Hoy – angela@booklocker.com
Richard Hoy – richard@booklocker.com

ATTORNEY FOR PLAINTIFF – IZARD NOBEL LLP
Seth Klein – sklein@izardnobel.com

UPDATE - List of Articles:

ONLINE RETAIL: Amazon headed to court, judge rules
Associated Press

Court Denies Amazon’s Motion to Dismiss BookLocker Antitrust Lawsuit
Publishers Weekly

Amazon – Booksurge Antitrust Lawsuit: Motion to Dismiss Refused
Mick Rooney

Amazon/BookSurge Issues Still in Court
Nina Amir

Antitrust suit against Amazon to continue
TeleRead

Booklocker v. Amazon Continues
About Freelance Writing

Money Grafs from the Booklocker Ruling
Munsey’s Technosnarl

Entrepreneur takes on Amazon in court – wins first skirmish
OnText

Amazon BookSurge Anti-Trust Lawsuit Can Proceed
Victoria Strauss

Amazon fails to end lawsuit over print-on-demand books
TechFlash

Court Denies Amazon’s Motion To Dismiss Booklocker Antitrust Lawsuit
Booktrade.info

Bangor bookseller proceeds with Amazon lawsuit
Mainebiz

Judge Denies Amazon’s Motion to Dismiss Antirust Case
Graphic Arts Online

Booklocker leads small publishers in battle against Amazon
The St. Louis Publishers Association (SPLA) Blog

Judge says suit against Amazon can proceed
THE NEWS TRIBUNE

Amazon Fails To Get Tying Class Action Dismissed
law360.com

Amazon fails to end lawsuit over print-on-demand books
Puget Sound Business Journal

ONLINE RETAIL: Amazon headed to court, judge rules
THE OLYMPIAN

Amazon Loses Round 1 of Print-On Demand Book Lawsuit
InfoBlog


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26 Comments so far

  1. James Little on August 26, 2009 3:20 pm

    Hipeee…looks like there is justice in America, and big money doesn’t always win. God Bless Richard & Angela

  2. Stan on August 26, 2009 3:28 pm

    I know I am but one of a multitude of well-wishers, keeping our fingers crossed, in the hopes that you will persevere and win your suit against Amazon.

    I know you guys are floating on cloud NINE right now. I’d say it’s about time for a drink! (or even two)

  3. Melanie Jordan on August 26, 2009 3:35 pm

    As a long-term Booklocker author with my latest book in POD production with you now, I am thrilled that you have accomplished this early win for all of our benefits.

    I’ll continue to hold good thoughts! You are the best, and you deserve it!

    Melanie Jordan
    Author of “What You Know Is Worth More Than You Know(TM)”

  4. Thomas Hauck on August 26, 2009 4:21 pm

    Dear Angela and Richard,

    Congratulations on an important victory against what is clearly an unfair and restrictive trade practice. Good luck as you move forward!

  5. Ed Smeltz on August 26, 2009 5:01 pm

    Richard and Angela -

    May God bless you richly for standing up against a self-serving monster.

    You will be in our prayers as you continue your battle.

    The battles that the are most difficult to win are typically the ones most worth winning.

    Ed

  6. Dan Perin on August 26, 2009 5:36 pm

    I am excited to hear that your case will go forward! Good work! Amazon needs to discover that there are many of us who are not in favor of their locking us out of the market because we won’t print our books with them.

  7. DEBBIE MADISON on August 26, 2009 5:43 pm

    Anyone who has ever published a book, is rooting for you. Thank you, from all of us.
    Debbie Madison

  8. Phillip J Hubbell on August 26, 2009 6:01 pm

    Terrific. I generally like Amazon but this seemed pretty high handed. At least they don’t get a pass. I can’t see them winning this just based on the merits.

  9. James Wesly Smith on August 26, 2009 6:24 pm

    Way to go, booklocker…While this is just the first step, with the Obama regime,I kinda suspected the outcome Ray Charles and Stevie Wonder coulda seen it).

    God bless

  10. maggy simony on August 26, 2009 6:31 pm

    Wonderful news! I hope, as I said to email to Richard, that this will get huge publicity in WSJ, NY Times, etc. It IS BIG BUSINESS news, not just something we (us) PODers benefit from. Major in terms of the future of publishing itself.
    maggy

  11. Heather Vallance on August 26, 2009 6:39 pm

    This news is like rain after a long, dry season. Enormously proud of your courage and fortitude.

  12. Deborah Midkiff on August 26, 2009 6:42 pm

    Yay for our team!!! It is great to finally get some good news after everything that is going on now-a-days. We appreciate you Angela & Richard!

    Deborah Midkiff

  13. Dusty Miller on August 26, 2009 8:53 pm

    Wow! Great news in a world where big players on the Internet usually have their way. Thank you, Angela and Richard, for the unbelievable vigilance, effort, perseverance, and sacrifices you’ve made for me (us). All the Best, and a Big Hug!

  14. Norma Cape on August 26, 2009 10:00 pm

    Great news! It’s about time someone put Amazon in their place. Good for you. We will continue to pray for victory. Alright now, you two relax. Worry is a useless emotion that accomplishes nothing. You do what you can do and that is all you can do. So, there you have it. hugs and blessings.

  15. David Clarkson on August 26, 2009 11:13 pm

    Way to go!!! It’s always heartening when the fight for fairness is balanced by the scales of justice. Keeping the faith will mean more victories like this in the future.

  16. M.A. Tkacik on August 27, 2009 4:08 am

    I have never read a ruling from a court case. But, this one was a definite read. I must say, you guys have been fighting a tough battle….

    Good Lord! What a great job! Makes me proud to know ya!

    Lots of Hugs…. :-)

  17. Mari Bushman on August 27, 2009 8:15 am

    YEEHAW!

    That about sums up my feelings at this point.

  18. Carrie on August 27, 2009 9:36 am

    Okay, I read the pdf and think I understand it.
    Going by this (my understanding of it) GOOD FOR YOU Angela and Richard!
    Standing up to those who think they are too big to be stood up to.
    The force will be with you…

  19. Rebecca on August 27, 2009 9:51 am

    Congratulations! The myth of American democracy is that the underdog can triumph. Thanks for not letting go of the dream.

  20. Antitrust suit against Amazon to continue | TeleRead: Bring the E-Books Home on August 27, 2009 12:05 pm

    [...] You can find out more about the suit, and keep up on its progress, at the plaintiff’s blog. Digg us! Slashdot us! Share the news. [...]

  21. Booklocker v. Amazon Continues on August 27, 2009 1:56 pm

    [...] You can find additional details including a link to the entire order at the Amazon BookSurge Antitrust Lawsuit Clearinghouse. [...]

  22. Thursday Midday Link Roundup: | Dear Author: Romance Novel Reviews, Industry News, and Commentary on August 27, 2009 3:34 pm

    [...] suit against Amazon over its POD practices.  Amazon filed a motion to dismiss the petition which was denied by the Court.  This means that Booklocker can proceed with discovery which includes document production and [...]

  23. Twitter Trackbacks for Federal Judge Denies Amazon’s Motion to Dismiss in Antitrust Lawsuit : Amazon BookSurge Antitrust Lawsuit [booklocker.com] on Topsy.com on August 27, 2009 11:45 pm

    [...] link is being shared on Twitter right now. @nola_lee_kelsey said Federal Judge Denies Amazon’s Motion [...]

  24. Margaret Garside on August 30, 2009 4:32 pm

    Yes! Amazon is so clearly in the wrong here. In fact, I wonder if they’re trying to back off without looking like they’re backing off.

    Since their original move was on a weekend, they must have known this was dodgy and possibly illegal.

    Go, Angela!

  25. mary etta metcald (pen name) on September 24, 2009 2:05 pm

    To date i have published two books, one i published on my own and paid to do so with booksurge in 2004 called “When There are Dragons there is Alzheimers” the second book was published through pa in 2006 called “Through the Maze of Life”. They are both poetry books, the first has gone nowhere, i am not very good at marketing, i’m 63 years old, the second has given me three royalty checks, all under $2.00. yes, i know, i went from the pan to to the fire, thats what happens when your in you 60′s and want to see your words into print before you die, have something for your grandchildren to say about you or follow in your footsteps. that hasnt happened, and not all of my poems are bad. Am i disgruntled? yes Am i hurt? yes Am i angry? hell yes. But to date i havent known what to do, till now and my fighting irish has surfaced. Where do I fit in to this scenario?
    sincerely
    mary etta metcalf (pen name)
    poet and author???

  26. Debby Willett on October 2, 2009 6:21 am

    Way to go! So glad to hear you didn’t roll over … as that would have been what Amazon wanted. Keep fighting with them … I’m preparing my first book to bring it to ya’ll!!