Judge Denise Cote
Four related cases brought by the state plaintiffs alleged that Apple Inc. and five publishers conspired to fix prices for certain electronic books, or "e-books," in violation of the antitrust laws. Defendant Penguin Group (USA) Inc. entered into a stipulation of settlement with the government in the DOJ action but did not settle with the states and therefore remains a litigating defendant in the state action. Penguin sought to exclude itself from a bench trial and moved for a jury trial, contending that it never waived its right to have the plaintiffs’ monetary claims determined by a jury. The plaintiffs argued that Penguin voluntarily waived its right to a jury trial on the record and by its conduct. The court denied Penguin’s motion, finding that Penguin conspicuously and voluntarily waived its right to a jury trial during a conference. The court added that Penguin’s purported unilateral reliance on a groundless assumption that its status and the plaintiffs’ participation in the June bench trial changed as a result of its settlement with the government in the DOJ action does not support reinstating a jury as to the plaintiffs’ claims.
