Viacom International, Inc. v. Youtube, Inc.

Filing 251

MOTION, to file supplemental appendix, on behalf of Appellee Google, Inc., Youtube, Inc. and Youtube, LLC, FILED. Service date 03/18/2011 by CM/ECF. [238621] [10-3270]

Viacom International, Inc. v. Youtube, Inc.

Doc. 251 Att.

Nos. 10-3270 & 10-3342 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT VIACOM INT'L INC., et al. v. Plaintiffs-Appellants, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) On Appeal from the United States District Court for the Southern District of New York No. 1:07-CV-2103 The Honorable Louis L. Stanton, United States District Judge On Appeal from the United States District Court for the Southern District of New York No. 1:07-CV-03582 The Honorable Louis L. Stanton, United States District Judge.

YOUTUBE, INC., et. al., Defendants-Appellees.

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD., et al. v. Plaintiffs-Appellants,

YOUTUBE, INC., et. al., Defendants-Appellees.

DECLARATION OF ANDREW H. SCHAPIRO IN SUPPORT OF APPELLEES' MOTION TO SUPPLEMENT THE JOINT APPENDIX Pursuant to 28 U.S.C. § 1746, Andrew H. Schapiro declares as follows:

Dockets.Justia.com

1.

I am a partner at Mayer Brown LLP and counsel for

Defendants-Appellees in the above-captioned cases. I submit this declaration in support of Appellees' Motion to Supplement the Joint Appendix. 2. Appellants filed their opening briefs on December 3, 2010.

Pursuant to Fed. R. App. P. 30(a), Appellants filed a six-volume sealed Joint Appendix along with their briefs. An unsealed version of the Joint Appendix was filed on December 10, 2010. 3. Counsel for both parties worked diligently and cooperatively

to prepare the Joint Appendix. Based on our expectations about what Appellants would likely argue, Appellees designated certain materials for inclusion in the Joint Appendix. Since receiving Appellants' briefs, and in the course of preparing our answering brief (due on March 31, 2011), Appellees have identified additional record materials to which we "wish[] to direct the court's attention." Fed. R. App. P. 30(b)(1). With this motion, Appellees ask the Court's permission to supplement the Joint Appendix to include those additional record materials. 4. We have advised counsel for Appellants of our intent to file

this motion. Appellants have consented to the motion on the condition 2

that they be allowed to counter-designate additional record material for inclusion in the proposed supplement. Appellees have consented to Appellants' request. 5. For the convenience of the Court, the parties have further

agreed, subject to the Court's approval, to file a single supplemental joint appendix, which would include all the supplemental designations of Appellants and Appellees. This proposed supplemental appendix would be filed along with Appellants' reply briefs, which are currently due on April 28, 2011. It would be designated as a "supplemental" joint appendix to avoid having to redo the table of contents for the original Joint Appendix that has already been filed with the Court. 6. For these reasons, Appellees respectfully request that the

Court grant leave for the filing of a supplemental joint appendix along with Appellants' reply briefs. 7. I declare under penalty of perjury that the foregoing is true

and correct.

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Executed this 18th day of March, 2011. David H. Kramer Bart E. Volkmer WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA 94304 [phone] s/ Andrew H. Schapiro Andrew H. Schapiro A. John P. Mancini Brian M. Willen MAYER BROWN LLP 1675 Broadway New York, NY 10019 [phone]

Attorneys for YouTube, Inc.

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CERTIFICATE OF SERVICE I certify that on March 18, 2011, I caused copies of this motion to be sent to the following: Paul M. Smith William H. Hohengarten Scott B. Wilkens JENNER & BLOCK LLP 1099 New York Ave., NW Washington, D.C. 20001 [phone] [e-mail] [e-mail] [e-mail] Susan J. Kohlmann JENNER & BLOCK LLP 919 Third Ave. New York, NY 10022 [phone] [e-mail] Stuart J. Baskin John Guelli Kirsten Nelson Cunha SHEARMAN & STERLING LLP 599 Lexington Ave New York, NY 10023 [phone] [e-mail] [e-mail] [e-mail] Theodore B. Olson Matthew D. McGill GIBSON DUNN 1050 Connecticut Ave., NW Washington, D.C. 20036 [phone] [e-mail] [e-mail] John C. Browne BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 1285 Avenue of the Americas New York, NY 10019 (212) 55401400 [e-mail] s/ Andrew H. Schapiro Andrew H. Schapiro

Charles S. Sims PROSKAUER ROSE LLP 1585 Broadway New York, NY 10036 [phone] [e-mail]