Beasley v. John Wiley & Sons, Inc., No. 12 C 8715, Slip Op. (N.D. Ill. Sep. 9, 2014) (St. Eve, J.).
Judge St. Eve, after previously deferring ruling to allow the parties to work out procedural disputes, granted defendant John Wiley & Sons’ motion for summary judgment as to plaintiff’s fraud and Digital Millennium Copyright Act (“DMCA”) claims, having previously granted plaintiff summary judgment of copyright infringement regarding its photographs. Because plaintiff offered no evidence in response to the motion that would allow a reasonable jury to find that defendant misrepresented plaintiff’s copyright or removed copyright-management information from the photographs, the Court granted defendant summary judgment as to both claims. Allowing plaintiff to dismiss those claims as it proposed would have been unfair to defendant because it would have prevented defendant from seeking fees as to the DMCA claim. And plaintiff’s request was too late, coming late in the case and in response to a summary judgment motion.