Though Penguin agreed to settle the ebook lawsuit brought by the Department of Justice in December, the company has yet to finalize a settlement of the parallel state ebook price-fixing lawsuit. With that second suit still pending and heading to trial, on Wednesday afternoon Judge Cote formally denied Penguin’s request to sit out the June 2013 trial (in which Penguin is formally named the lead defendant in the states’ case.) Penguin therefore must submit an initial witness list by March 1, and has until March 15 to file a motion that would “assert its right not to defend against the […]