Cambridge University Press et al v. Patton et al

Filing 478

Certified copy of ORDER of USCA DENYING Defendants-appellees's motion to dismiss for lack of Subject matter; GRANTING defendants-appellees' alternative motion to consolidate appeal 12-14676-FF with Appeal No. 12-15147-FF re: 449 Notice of Appeal, filed by Oxford University Press, Inc., Sage Publications, Inc., Cambridge University Press, 465 Notice of Appeal, filed by Oxford University Press, Inc., Sage Publications, Inc., Cambridge University Press Case Appealed to USCA Case Number 12-14676-FF. (fem)

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Case: 12-14676 Date Filed: 12/18/2012 Page: 1 of 1 UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ELBERT PARR TUTTLE COURT OF APPEALS BUILDING 56 Forsyth Street, N.W. Atlanta, Georgia 30303 John Ley Clerk of Court For rules and forms visit www.ca11.uscourts.gov December 18, 2012 MEMORANDUM TO COUNSEL OR PARTIES Appeal Number: 12-14676-FF Case Style: Cambridge University Press, et al v. J.L. Albert, et al District Court Docket No: 1:08-cv-01425-ODE The following action has been taken in the referenced case: The enclosed order has been ENTERED. Sincerely, JOHN LEY, Clerk of Court Reply to: Janet K. Spradlin, FF Phone #: (404) 335-6178 MOT-2 Notice of Court Action Case: 12-14676 Date Filed: 12/18/2012 Page: 1 of 2 r IN THE UNITED STATES COURT OF APPEALS FILRD I! FOR THE ELEVENTH CIRCUIT ^C i 3 2012 No. 12-14676-FF IERK CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., SAGE PUBLICATIONS, INC., Plaintiffs-Appellants, versus CARL V. PATTON, ct al., Defendants, J. L. ALBERT, in his official capacity as Georgia State University Associate Provost for Information System and Technology, KENNETH R. BERNARD, JR., in his official capacity as member of the Board of Regents of the University System of Georgia., ROBERT F. HATCHER, in his official capacity as Vice Chair of the Board of Regents of the University System of Georgia, W. MANSFIELD JENNINGS, JR., in his official capacity as member of the Board of Regents of the University System of Georgia, JAMES R. JOLLY, in his official capacity as member of the Board of Regents of the University System of Georgia, et al., Defendants-Appellees. Appeal from the United States District Court for the Northern District of Georgia Case: 12-14676 Date Filed: 12/18/2012 Page: 2 of 2 Before BARKETT, WILSON and JORDAN, Circuit Judges. BY THE COURT: Defendants-appellees' motion to dismiss for lack ofsubject matter jurisdiction is DENIED. The district court's August 10, 2012 order granting a permanent injunction is a final, appealable order, and the district court's subsequent order and final judgment, entered on September 30,2012, resolved issues that were collateral to the underlying merits of the case. 28 U.S.C. ยงยง 1291,1292; LaChance v. Duffy's Draft House, Inc., 146 F.3d 832, 837 (11th Cir. 1998); Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1368 (11th Cir. 1983). Next, defendants-appellees' alternative motion to consolidate this appeal with Appeal No. 12-15147-FF is GRANTED. The Clerk is DIRECTED to consolidate Appeal No. 12-14676-FF with Appeal No. 12-15147-FF and inform the parties accordingly. The parties are ORDERED to submit briefs in the consolidated case only, and they are further ORDERED to comply with this Court's October 11,2012 order, entered in Appeal No. 12-14676, establishing an extended, 18,000-word limit for the initial and answer briefs, and a 9,000-word limit for plaintiff-appellants' reply brief.