Federal Judge Denies Amazon’s Motion to Dismiss in Antitrust Lawsuit

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

Amazon / BookSurge and BookLocker Legal Teams to Appear in Bangor Federal Court

The Judge has asked for oral arguments on the motion to dismiss. In layman’s terms this means that the Judge wants the legal teams of both BookLocker and Amazon / BookSurge to come to Bangor and present their arguments in person.

If you recall, back in August Amazon / BookSurge lawyers filed a motion to dismiss (an expected legal move). Basically, the motion to dismiss is a formal petition to the court that BookLocker’s class action suit had no legal grounds and should, for that reason, be thrown out.

Requesting oral arguments gives the Judge the opportunity to ask questions of the lawyers on both sides and to understand better the issues involved before ruling on the motion to dismiss.