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

Filing 167

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief. Document filed by Bob Kohn. (Attachments: # 1 Supplement Memorandum in Support, # 2 Exhibit Proposed Amicus Brief)(Brower, Steven) Modified on 1/8/2013 (ldi).

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 OF AMICUS CURIAE BOB KOHN FOR LEAVE TO FILE AMICUS CURIAE BRIEF REGARDING THE GOVERNMENT’S PROPOSED SCHEDULE FOR PENGUIN TUNNEY ACT REVIEW Amicus Curiae Bob Kohn, through his pro bono counsel, pursuant to 15 U.S.C. Sec. 16(f)(3), hereby moves for leave to file an amicus curiae brief for the sole purpose of commenting on the Department of Justice’s Proposed Schedule for Penguin Tunney Act Review (“Proposed Schedule”), which was filed on January 3, 2013 in compliance with the Court’s order dated December 19, 2013. 1 The grounds for this motion, as more fully set forth in the accompanying Memorandum of Points and Authorities, are that Kohn’s comments would be helpful to the Court in evaluating the Proposed Schedule. Kohn has approached defendants Macmillan, Penguin, and Apple and none have of them have taken a position on the filing of this motion. Kohn has left a message with the Department of Justice regarding his intention to file this motion. Last year, in connection with Kohn’s motion for leave to participate as amicus curiae, the DOJ stated to Kohn, “Our position is that we are not going to consent to the filing of any amicus briefs.” Given the importance of this matter, Kohn is hopeful that the DOJ will not wish to object to Kohn’s desire for a ruling on the matter that is the subject of his proposed amicus brief. WHEREFORE, this motion should be granted and Kohn should be authorized to file, pursuant to 15 U.S.C. 16(f)(3), the proposed brief amicus curiae accompanying this motion. 2 Dated: January 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 3