Cambridge University Press et al v. Patton et al

Filing 35

REPLY BRIEF re 29 MOTION for Leave to Amend the Complaint to Add Additional Defendants filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Rains, John)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al, Civil Action File Plaintiffs, No.1:08-CV-1425-ODE -vs.CARL V. PATTON, in his official capacity as Georgia State University President, et al, Defendants. REPLY BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE COMPLAINT TO ADD ADDITIONAL DEFENDANTS Cambridge University Press, Oxford University Press, Inc., and Sage Publications, Inc. (collectively, "Plaintiffs"), file this reply brief in support their Motion for Leave to Amend the Complaint to Add Additional Defendants. Defendants Carl V. Patton, Ron Henry, Charlene Hurt, and J.L. Albert do not oppose the motion insofar as it seeks to add the individual members of the Board of Regents of the University System of Georgia d/b/a Georgia State University ("Board of Regents") in their official capacities. See Defendants' Response to Plaintiffs' Motion for Leave to Amend the Complaint to Add Additional Defendants at 2 n.1. Plaintiffs therefore ask this Court to grant their unopposed motion seeking to add the individual members of the Board of Regents. Plaintiffs voluntarily withdraw their motion as to the Board of Regents. Plaintiffs, however, reserve the right to move for leave to amend to add the Board of Regents as an additional defendant if such a motion is appropriate at some later time or if Defendants take the position that the Court cannot grant Plaintiffs the relief they are seeking unless the Board of Regents is a party to this action. Respectfully submitted, this 27th day of October, 2008. /s/ John H. Rains IV Edward B. Krugman krugman@bmelaw.com Georgia Bar No. 429927 John H. Rains IV rains@bmelaw.com 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, pro hac vice r.bruce.rich@weil.com Randi Singer, pro hac vice Randi.singer@weil.com Todd D. Larson, pro hac vice todd.larson@weil.com 164259 2 WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Attorneys for Plaintiffs 164259 3 CERTIFICATE OF SERVICE I hereby certify that I have this filed the foregoing REPLY BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE COMPLAINT TO ADD ADDITIONAL DEFENDANTS with the Clerk of Court using the CM/ECF filing system which will automatically send e-mail notification of such filing to opposing counsel as follows: Anthony B. Askew, Esq. Stephen M. Schaetzel, Esq. Kristen A. Swift, Esq. King & Spalding 1180 Peachtree Street Atlanta, Georgia 30309 Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334 This 27th day of October, 2008. /s/ John H. Rains IV 164259 4