Cambridge University Press et al v. Patton et al

Filing 216

REPLY to Response to Motion re 203 MOTION for Extension of Time to File Response to Plaintiffs' 202 Motion to Exclude the Putative Expert Testimony of Kenneth D. Crews filed by J. L. Albert, Kenneth R. Bernard, Jr, James A. Bishop, Robert F. Hatcher, Felton Jenkins, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Doreen Stiles Poitevint, Willis J. Potts, Jr, Wanda Yancey Rodwell, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Allan Vigil, Mark P. Becker, Nancy Seamans, Risa Palm, Frederick E. Cooper, Larry R. Ellis, Larry Walker. (Johnson, Courtney) Modified on 4/29/2010 in order to update text (ank).

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, v. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. § § § § § § § § § § § Case No. 1:08-CV-1425-ODE REPLY IN SUPPORT OF DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS' MOTION TO EXCLUDE THE PUTATIVE EXPERT TESTIMONY OF KENNETH D. CREWS Defendants Mark P. Becker, in his official capacity as Georgia State University President, et al. (collectively "Defendants"), respectfully submit this reply in response to Plaintiffs' Brief in Opposition to Defendants' Motion for Extension of Time to File Response to Plaintiffs' Motion to Exclude the Putative Expert Testimony of Kenneth D. Crews (the "Brief in Opposition") (Dkt. 204). As set forth in the Brief in Opposition, Plaintiffs have consented to a three (3) day extension of time, through and including April 30, 2010, for Defendants to respond to Plaintiffs' Motion to Exclude the Putative Expert Testimony of Kenneth ATL_IMANAGE-6917885.2 D. Crews (the "Motion to Exclude") (Dkt. 202). (See Br. in Opp'n at 2.) Defendants therefore will proceed, until further direction by the Court, as if the deadline to move, plead or otherwise respond to Plaintiffs' Motion to Exclude is at least Friday, April 30, 2010. Defendants respectfully will await further ruling from this Court regarding their request for a fourteen (14) day extension of time, through and including May 11, 2010. Defendants note that Plaintiffs never requested an extension of time for the response brief mentioned in their Brief in Opposition. (See Br. in Opp'n at 2-3.) If requested, Defendants would have freely granted an extension of time to Plaintiffs for such response brief. In fact, Defendants have never denied any request for extension of time by Plaintiffs in this case. Respectfully submitted this 27th day of April, 2010. 2 ATL_IMANAGE-6917885.2 THURBERT E. BAKER Georgia Bar No. 033887 Attorney General R. O. LERER Georgia Bar No. 446962 Deputy Attorney General DENISE E. WHITING-PACK Georgia Bar No. 558559 Senior Assistant Attorney General MARY JO VOLKERT Georgia Bar No. 728755 Assistant Attorney General KING & SPALDING LLP /s/ C. Suzanne Johnson Anthony B. Askew Georgia Bar No. 025300 Special Assistant Attorney General Stephen M. Schaetzel Georgia Bar No. 628653 Kristen A. Swift Georgia Bar No. 702536 C. Suzanne Johnson Georgia Bar No. 321398 Attorneys for Defendants 3 ATL_IMANAGE-6917885.2 CERTIFICATE OF COMPLIANCE I hereby certify, pursuant to L.R. 5.1B and 7.1D of the Northern District of Georgia, that the foregoing Reply in Support of Defendants' Motion for Extension of Time to File Response to Plaintiffs' Motion to Exclude the Putative Expert Testimony of Kenneth D. Crews complies with the font and point selections approved by the Court in L.R. 5.1B. The foregoing pleading was prepared on a computer using 14-point Times New Roman font. /s/ C. Suzanne Johnson C. Suzanne Johnson Georgia Bar No. 321398 4 ATL_IMANAGE-6917885.2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, v. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. § § § § § § § § § § § Case No. 1:08-CV-1425-ODE CERTIFICATE OF SERVICE The undersigned hereby certifies that, on this 27th day of April, 2010, I have electronically filed the foregoing Reply in Support of Defendants' Motion for Extension of Time to File Response to Plaintiffs' Motion to Exclude the Putative Expert Testimony of Kenneth D. Crews with the Clerk of the Court using the CM/ECF system, which will automatically send e-mail notification of such filing to the following attorneys of record: 5 ATL_IMANAGE-6917885.2 Edward B. Krugman krugman@bmelaw.com Georgia Bar No. 429927 Corey F. Hirokawa hirokawa@bmelaw.com Georgia Bar No. 357087 John H. Rains IV Georgia Bar No. 556052 BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 Telephone: (404) 881-4100 Facsimile: (404) 881-4111 R. Bruce Rich Randi Singer Todd D. Larson WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 /s/ C. Suzanne Johnson C. Suzanne Johnson Georgia Bar No. 321398 6 ATL_IMANAGE-6917885.2