Cambridge University Press et al v. Patton et al

Filing 296

RESPONSE re 295 MOTION for Leave to File Defendants' Corrected Brief in Opposition to Plaintiffs' Motion In Limine to Preclude the Admission of Recently Created Fair Use Checklists filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Rains, John)

  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’ RESSPONSE TO DEFENDANTS’ MOTION TO FILE CORRECTED BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION IN LIMINE TO PRECLUDE THE ADMISSION OF RECENTLY CREATED FAIR USE CHECKLISTS At approximately 11:30am this morning, a mere five and one-half hours before Plaintiffs' reply is due, Defendants sought leave from this Court to file a "Corrected" Opposition Brief to Plaintiffs' Motion in Limine concerning certain recently created "Fair Use Checklists." Defendants' initial opposition brief was filed shortly before 5:00pm on May 9, 2011 in accordance with this Court's orders. 878435.1     Defendants represent that their "Corrected" brief does not contain substantive changes, but Plaintiffs disagree with that characterization. The corrected brief presents a significantly different account from Defendants' initial brief as to whether or not certain fair use checklists were actually filled out in 2009 and, therefore, whether the supposed "recreated" checklists are in fact recreations of any original document at all -- issues at the heart of Plaintiffs' motion. Because Plaintiffs' reply brief on this Motion in Limine is due today no later than 5:00pm, Plaintiffs respectfully request that this Court either strike Defendants' "Corrected" Brief or, at a minimum, extend Plaintiffs' time to file their reply brief. Respectfully submitted this 11th 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) Randi Singer (pro hac vice) Jonathan Bloom (pro hac vice) Todd D. Larson (pro hac vice) 878435.1   2    WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Attorneys for Plaintiffs 878435.1   3    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 878435.1   4    CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MOTION TO FILE CORRECTED BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION IN LIMINE TO PRECLUDE THE ADMISSION OF RECENTLY CREATED FAIR USE CHECKLISTS 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 878435.1   5    This 11th day of May, 2011. /s/ John H. Rains IV John H. Rains IV 878435.1   6