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

Filing 116

MOTION to Stay re: 113 Memorandum & Opinion,,,, Pending Appeal. Document filed by Bob Kohn. (Attachments: # 1 Text of Proposed Order)(Brower, Steven)

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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) BOB KOHN’S MOTION TO STAY FINAL JUDGMENT PENDING APPEAL Bob Kohn, on his own behalf and by his attorneys, hereby moves for a stay of execution of the Final Judgment pending appeal of the Court’s Opinion & Order filed September 6, 2012. The grounds for this motion, as more fully set forth in the accompanying Memorandum, are that the Second Circuit standard for stay pending appeal is fully satisfied here, the harm to e-book consumers who would become victims of the Final Judgment are irreversible (while the alleged harm to e-book consumers pending the appeal may be tracked precisely by e-book resellers), and without a stay of execution of the Final Judgment, an appeal of these issues would become moot. WHEREFORE, this motion should be granted and the Court should stay the execution of the Final Judgment pending appeal of the Court’s Opinion & Order filed 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