Cambridge University Press et al v. Patton et al

Filing 38

ORDER granting in part and dismissing in part 29 Motion to Amend the Complaint to Add Additional Defendants. Plaintiffs' motion is granted in part as to the individual defendants. Plaintiffs' motion for leave to amend to add the Board of Regents as a defendant is dismissed in part. If they so desire, Plaintiffs may seek leave to amend the complaint to add the Board of Regents as a defendant at a later time. The parties' arguments regarding sovereign immunity and whether the Board of Regents is a necessary party will be considered when and if such a motion is filed. Signed by Judge Orinda D. Evans on 12/11/08. (ekb)

Cambridge University Press et al v. Patton et al FILED IN CHAMBERS Doc. 38 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEOR IA .1A ATLANTA DIVISION Y- ~ CAMBRIDGE UNIVERSITY PRESS, et al ., DEC ~ 1 2008 q~~-~N , Clerk 0=-- Qe. PutY C Plaintiffs, v. ;CIVIL ACTION NO . ;1 :08-CV-1425-ODE CARL V . PATTON, in his official capacity as Georgia State University President, et al ., Defendants . ORDER This copyright infringement case is before the Court on Plaintiffs' motion for leave to amend the complaint to add additional defendants . [Doc . #29] Plaintiffs seek leave to add as defendants the Board of Regents of the University System of Georgia ("Board of Regents"), and individual members of the Board of Regents .' Id . at 1-2 . Defendants filed a reply brief, in which they did not oppose the addition of the individual defendants . [Doc . #33 at 2 n .l1However, Defendants claim that the Board of Regents is an arm of the State of Georgia, and as such, is entitled to sovereign immunity under the Eleventh Amendment to the United States Constitution . Id . at 3-4 . kThe individuall members Plaintiffs seek to add are : Kenneth R . Bernard, Jr ., James A . Bishop, Hugh A . Carter, Jr ., William H . Cleveland, Robert F . Hatcher, Felton Jenkins, W . Mansfield Jennings, Jr ., James R . Jolly, Donald M . Leebern, Jr ., Eldridge McMillan, William NeSmith, Jr ., Doreen Stiles Poitevint, Willis J . Pons, Jr ., Wanda Yancey Rodwell, Kessel Stelling, Jr ., Benjamin J . Tarbutton, III, Richard L . Tucker, and Allan Vigil . Dockets.Justia.com Plaintiffs filed a reply brief, in which they seek to withdraw their motion to amend as to the Board of Regents . [Doc . #35 at 2] . However, Plaintiffs wish to reserve the right to seek leave to amend their complaint to add the Board of Regents if the motion becomes appropriate at a later time . Id . Because Defendants do not oppose the addition of the individual defendants, and leave to amend is appropriate here, Plaintiffs' motion for leave to amend the complaint is GRANTED IN PART, as to the individual defendants . Plaintiffs' motion for leave to amend to add the Board of Regents as a defendant is DISMISSED IN PART . If they so desire, Plaintiffs may seek leave to amend the complaint to add the Board of Regents as a defendant at a later time . The parties' arguments regarding sovereign immunity and whether the Board of Regents is a necessary party will be considered when and if such a motion is filed . SO ORDERED, this 11 day of December, 2008 . t c. _ ORINDA D . EVANS UNITED STATES DISTRICT JUDGE 2