Cambridge University Press et al v. Patton et al

Filing 461

ORDER DENYING the 459 Motion to Join Parties. Signed by Judge Orinda D. Evans on 9/30/2012. (anc)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS; OXFORD UNIVERSITY PRESS, INC.; SAGE PUBLICATIONS, INC., Plaintiffs, v. CIVIL ACTION NO. 1:08-CV-1425-0DE MARK P. BECKER, in his official capacity as President of Georgia State University; RISA PALM, in her official capacity as Senior Vice President for Academic Affairs and Provost of Georgia State University; J.L. ALBERT, in his official capacity as Georgia State University Associate Provost for Information Systems and TechnologYi NANCY SEAMANS, in her official capacity as Dean of Libraries at Georgia State University; ROBERT F. HATCHER, in his official capacity as Vice Chair of the Board of Regents of the University System of Georgia; KENNETH R. BERNARD, JR., LARRY R. ELLIS, W. MANSFIELD JENNINGS, JR., JAMES R. JOLLY, DONALD M. LEEBERN, JR., WILLIAM NESMITH, JR., DOREEN STILES POITEVINT, WILLIS J. POTTS, JR., C. DEAN ALFORD, KESSEL STELLING, JR., BENJAMIN J. TARBUTTON, III, RICHARD L. TUCKER, LARRY WALKER, RUTLEDGE A. GRIFFIN, JR., C. THOMAS HOPKINS JR., NEIL L. PRUITT, JR., and PHILIP A. WILHEIT, SR., in their official capacities as members of the Board of Regents of the University System of Georgia, I Defendants. ORDER This civil suit is before the Court on a Consent Motion to Join Parties filed September 28, 2012 by Plaintiffs [Doc. 459]. Defendants have consented to the motion. The motion explains that the Plaintiff, Oxford University Press, Inc. has been converted into a limited liability company called OUP, LLC, a Delaware limited liability company. In addition, an entity called Oxford University Press USA (OUP USA) "administers the assets that OUP, Inc. transferred to the University in March 2012" [Doc. 459 at 1]. The trial of this case occurred in the summer of 2011 i the Court's findings of fact and conclusions of law issued in May 2012. All of the directed to trial evidence, insofar as Oxford is concerned, was (or against) Oxford University Press, a not-for-profit corporation organized in the United States. Therefore, the Court's findings insofar of fact and conclusions of law, as Oxford is concerned, were directed only to Oxford University Press, a not-forprofit corporation formed in the United States. The instant Consent Motion to Join Parties was filed on the eve of entry of the final judgment. Given that Oxford University Press, limited liability company, OUP, LLC, Delaware limited liability company, Inc. was converted into a it appears that OUP, a is the successor to all of the rights and liabilities of Oxford University Press, formed in the United States. LLC, a corporation It is unclear why it is necessary to make OUP, LLC a party plaintiff. Similarly, it is unclear why OUP -2- USA's administration of the assets of OUP, Inc. which were transferred to the University in March 2012 necessitates making OUP USA a party plaintiff. that OUP, Inc. The motion does not state whether the assets transferred to Oxford Uni versi ty in March 2012 included the copyrights at issue in this case. Accordingly, the Consent Motion to Join Parties DENIED. SO ORDERED, this 30th day of September, 2012. ORINDA D. EVANS UNITED STATES DISTRICT JUDGE -3- [Doc. 459] is