Background The parties are in the business of providing construction product information ( CPI ). 1 Because Reed has failed to identify or serve the John Doe natural persons and the John Doe entities, the claims against those Defendants are dismissed for failure to prosecute. For the reasons that follow, McGraw-Hill s motion to exclude is granted, and its motion for summary judgment is granted in part and denied in part. The Court conducted a twoday Daubert hearing on the admissibility of that testimony on July 30 and 31, 2014. McGraw-Hill has moved for summary judgment and has moved to exclude the testimony of Reed s expert witness, Dr. Reed alleges that McGraw-Hill surreptitiously accessed Reed s database service and used that access to generate false or misleading product comparisons that it distributed to prospective Reed customers. ( Reed ) brought this action against Defendants McGraw-Hill Companies, Inc., ( McGraw-Hill ), five unidentified natural persons, and five unidentified entities, 1 claiming violations of the Lanham Act, 15 U.S.C. PAUL OETKEN, District Judge: Plaintiff Reed Construction Data, Inc. : - X 09-CV-8578 (JPO) OPINION AND ORDER J. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -X : REED CONSTRUCTION DATA INC., : : Plaintiff, : : -v: THE MCGRAW-HILL COMPANIES, INC., : JOHN DOES One through Five, and JOHN DOE : ENTITIES One through Five, : Defendants.
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