Unites States of America v. Apple, Inc. et al

Filing 114

MOTION to Intervene for Purposes of Appeal. Document filed by Bob Kohn. (Attachments: # 1 Text of Proposed Order)(Brower, Steven)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK __________________________________________ UNITED STATES OF AMERICA Plaintiff, v. APPLE, INC., HACHETTE BOOK GROUP, INC., HARPERCOLLINS PUBLISHERS, L.L.C. VERLAGSGRUPPE GEORG VON HOLTZBRINK PUBLISHERS, LLC d/b/a MACMILLAN, THE PENGUIN GROUP, A DIVISION OF PEARSON PLC, PENGUIN GROUP (USA), INC. and SIMON & SCHUSTER, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No.12-CV-2826 (DLC) MOTION BY BOB KOHN FOR LEAVE TO INTERVENE FOR SOLE PURPOSE OF APPEAL Movant Bob Kohn, on his own behalf and by his attorneys, and pursuant to 15 U.S.C. §16(f)(3) and Rule 24 of the Federal Rules of Civil Procedure, hereby moves for leave to intervene in this action for the sole purpose of appeal. The grounds for this motion, as more fully set forth in the accompanying Memorandum, are that Movant, together with millions of other ebook consumers and the public generally, will be a victim of the harmful effects of the Final Judgment and, as such, he has a direct and immediate interest in the outcome of this case, and that, absent his participation, appellate review of the issues raised by Movant in his public submissions in this matter opposing the the Court’s judgment and public interest determination will be foreclosed. WHEREFORE, this motion should be granted and Movant should be authorized to intervene as a party in order to appeal the Opinion & Order regarding the Final Judgment filed on September 6, 2012. A form of proposed Order is attached. Dated: September 7, 2012 Respectfully submitted, _______________________ BOB KOHN California Bar No. 100793 140 E. 28th St. New York, NY 10016 Tel. +1.408.602.5646; Fax. +1.831.309.7222 eMail: bob@bobkohn.com /s/ Steven Brower By: _______________________ STEVEN BROWER [PRO HAC] California Bar No. 93568 BUCHALTER NEMER 18400 Von Karman Ave., Suite 800 Irvine, California 92612-0514 Tel: +1.714.549.5150 Fax: +1.949.224.6410 Email: sbrower@buchalter.com Pro Bono Counsel to Bob Kohn