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Jose Luis Pelaez Inc. v. McGraw-Hill Global Educ. Holdings LLC

TAC May Be Filed; Dismissal of SAC's Missing-Invoice Claims Satisfied 'Zagano'

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OPINION & ORDER

*1  Plaintiffs Jose Luis Pelaez, Inc., and Jose Pelaez bring this copyright infringement lawsuit against Defendants McGraw-Hill Global Education Holdings LLC and McGraw-Hill School Education Holdings LLC. Plaintiffs allege that Defendants infringed Plaintiffs’ copyrights in certain photographs (the “Photographs”). Defendants deny this. Before the Court is Plaintiffs’ Motion for Leave to File a Third Amended Complaint (“TAC”). The Court GRANTS Plaintiffs’ Motion for Leave to File a TAC because (i) dismissal of certain claims in the SAC is warranted because (a) dismissal of the Missing-Invoice Claims without prejudice does not subject Defendants to plain legal prejudice and satisfies the Zagano factors, and (b) dismissal with prejudice of claims other than the Missing-Invoice Claims that were withdrawn from the SAC is unopposed; and (ii) Plaintiffs are permitted to add updated copyright registration information to the TAC, because the Court finds no evidence of undue delay, undue prejudice, bad faith, or futility.I. BACKGROUNDA. FactsJose Pelaez is a professional photographer and the president and sole owner of Jose Luis

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