Cambridge University Press et al v. Patton et al

Filing 49

Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Text of Proposed Order Attachment)(Rains, John)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al, Plaintiffs, -vs.CARL V. PATTON, in his official capacity as Georgia State University President, et al, Defendants. JOINT MOTION FOR AN EXTENSION OF TIME FOR DISCOVERY, AND SUPPORTING MEMORANDUM Plaintiffs Cambridge University Press, Oxford University Press, Inc., and Sage Publications, Inc. (collectively "Plaintiffs") and Defendants Carl V. Patton, Ron Henry, Charlene Hurt, J.L. Albert, 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., Elridge McMillan, William NeSmith, Jr., Doreen Stiles Poitevint, Willis J. Potts, Jr., Wanda Yancey Rodwell, Kessel Stelling, Jr., Benjamin J. Tarbutton, III, Richard L. Tucker, and Allan Vigil (collectively "Defendants"), by and through their undersigned counsel, respectfully move the Court for a two-month extension of the discovery period in this action. In support of this motion, the Parties show the Court as follows: Civil Action File No.1:08-CV-1425-ODE 1. This copyright infringement action was commenced on April 15, 2008 when Plaintiffs filed their complaint. Plaintiffs amended their complaint on December 15, 2008, at the consent of Defendants, to add as Defendants individual members of the Board of Regents of the University System of Georgia in their official capacities. 2. The Court entered a scheduling Order in this case on July 30, 2008 providing for an eight-month discovery period. 3. The Parties have diligently worked to undertake discovery in this matter. Due to the volume of information that has been produced by the Parties, the large volume of information that the Parties will produce in the near future (including information from the recently added Board of Regents Defendants), and the depositions that the Parties anticipate will be necessary, completing discovery in the time allowed for under the original scheduling order is not possible. 4. The Parties wish to provide each other with sufficient time to complete the discovery necessary in this matter as expeditiously as possible. 2 5. The Parties have agreed that an additional two months should afford all Parties the time necessary to complete discovery. WHEREFORE, the Parties respectfully move this Court for entry of an Order extending the time for completing discovery. A Proposed Order is attached for the Court's convenience. Respectfully submitted this 17th day of February, 2009. /s/ Edward B. Krugman 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) Todd D. Larson (pro hac vice) WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Attorneys for the Plaintiffs /s/ Anthony B. Askew (with express permission) Anthony B. Askew Georgia Bar No. 025300 Special Assistant Attorney General Stephen M. Schaetzel Georgia Bar No. 628653 Kristen A. Swift Georgia Bar No. 702536 KING & SPALDING, LLP 1180 Peachtree Street Atlanta, Georgia 30309 (404) 572-5100 Mary Jo Volkert Georgia Bar No. 728755 Assistant Attorney General 40 Capitol Square Atlanta, Georgia 30334 Attorneys for the Defendants 3 CERTIFICATE OF COMPLIANCE I hereby certify that this document was prepared in Times New Roman 14 point font. /s/ John H. Rains IV John H. Rains IV 4 CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing JOINT MOTION FOR AN EXTENSION OF TIME FOR DISCOVERY, AND SUPPORTING MEMORANDUM with the Clerk of Court using the CM/ECF filing system which will automatically send e-mail notification of such filing to the following attorneys of record: 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 17th day of February, 2009. /s/ John H. Rains IV John H. Rains IV 5