Cambridge University Press et al v. Patton et al

Filing 291

MOTION to Amend Trial Exhibit List attached to the 278 Proposed Pretrial Order by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit G-1)(Rains, John) Modified on 5/10/2011 in order to update docket text (ank).

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  UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Civil Action No. 1:08-CV-1425-ODE Plaintiffs, -vMARK P. BECKER, in his official capacity as Georgia State University President, et. al. Defendants. PLAINTIFFS’ MOTION TO AMEND THEIR TRIAL EXHIBIT LIST Plaintiffs Cambridge University Press, Oxford University Press, Inc., and SAGE Publications, Inc. (collectively, “Plaintiffs”) hereby move to amend Plaintiffs’ Trial Exhibit List, Attachment G-1 to the Pretrial Order (Docket No. 278), to add (a) three exhibits previously produced during the discovery phase of the case but inadvertently omitted from Plaintiffs’ Exhibit list; and (b) four documents that Plaintiffs located or obtained in responding to Defendants’ Motion 877963.1     in Limine to Exclude Evidence of Alleged Infringement of Improperly-Asserted Copyrights. The first category includes three documents that Plaintiffs identified subsequent to preparation of their Trial Exhibit List that were inadvertently left off the list: an author agreement between Oxford University Press, Inc. and the estate of John Blassingame (OUP900003-OUP900005), and two ERes reports for Fall 2005 and Spring 2006 semesters (GSU007945.011.xls-000001-000441 and GSU007945.003.xls-000001-000324). All three are documents previously produced by or to Defendants in the course of discovery, so there is no discernible prejudice to Defendants in allowing Plaintiffs to add these documents to their Trial Exhibit List in advance of trial. Indeed, two of the three documents (the ERes reports) come from Defendants’ own files. In the course of responding to Defendants’ Motion in Limine to Exclude Evidence of Alleged Infringement of Improperly-Asserted Copyrights, Plaintiffs last week located four additional documents. These documents, described in the Declaration of Niko Pfund submitted in opposition to Defendants’ Motion, include author agreements for Vocabulary and Writing: A Resource Book for Teachers obtained from Oxford’s UK affiliate, and two contributor contracts for Evolutionary Medicine and Women’s Health. Because Defendants’ Motion in 877963.1   2    Limine was filed on April 29, 2011, the same day as the Pretrial Order, Plaintiffs were not able to include these additional documents on their Trial Exhibit List as submitted to the Court on that day. These agreements are similar in form and nature to dozens of other similar agreements produced by Plaintiffs, so there can be no prejudice caused by adding them to Plaintiffs’ Trial Exhibit List. (Defendants have not, for example, taken depositions of Plaintiff witnesses regarding the works on the parties’ March 15, 2011 Joint Filing of alleged infringements where they might have examined Oxford witnesses on these documents.) For these reasons, Plaintiffs respectfully request that the Court enter the Proposed Order allowing them to amend their Trial Exhibit List to add the documents described above. A copy of the revised Exhibit List, Attachment G-1 to the Pretrial Order, is provided with the Proposed Order. Respectfully submitted this 9th day of May, 2011. /s/ John H. Rains IV Edward B. Krugman Georgia Bar No. 429927 John H. Rains IV Georgia Bar No. 556052 Bondurant, MixSon & Elmore, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 (404) 881-4100 R. Bruce Rich (pro hac vice) 877963.1   3    Randi Singer (pro hac vice) Jonathan Bloom (pro hac vice) Todd D. Larson (pro hac vice) WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Attorneys for Plaintiffs 877963.1   4    CERTIFICATE OF COMPLIANCE Pursuant to Local Rule 7.1(D), I hereby certify that this document complies with the font and point selections set forth in Local Rule 5.1. This document was prepared in Times New Roman 14 point font. /s/ John H. Rains IV John H. Rains IV 877963.1   5    CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing PLAINTIFFS’ MOTION TO AMEND THEIR TRIAL EXHIBIT LIST with the Clerk of Court using the CM/ECF filing system which will send e-mail notification of such filing to opposing counsel as follows: Stephen M. Schaetzel, Esq. Kristen A. Swift, Esq. C. Suzanne Johnson, Esq. Mary Katherine Bates, Esq. KING & SPALDING 1180 Peachtree Street Atlanta, Georgia 30309 Katrina M. Quicker, Esq. BALLARD SPAHR, LLP 999 Peachtree Street, Suite 1000 Atlanta, Georgia 30309 Anthony B. Askew, Esq. McKeon, Meunier, Carlin & Curfman, LLC 817 W. Peachtree Street, Suite 900 Atlanta, GA 30308 Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334 This 9th day of May, 2011. /s/ John H. Rains IV John H. Rains IV 877963.1   6