Viacom International, Inc. v. Youtube, Inc.

Filing 481

LETTER, dated 10/12/2011, on behalf of Appellant Viacom International, Inc., RECEIVED. Service date 10/13/2011 by CM/ECF.[415542] [10-3270]

Theodore B. Olson
Direct: +1 202.955.8668
Fax: [phone]
[e-mail]

October 12, 2011
VIA ECF
Catherine O’Hagan Wolfe
Clerk of Court
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
Re: Viacom International, Inc. et al. v. YouTube, Inc.et al., No. 10-3270
The Football Association Premier League Ltd. et al. v. YouTube, Inc. et al., No. 10-3342
Dear Ms. Wolfe:
I write on behalf of Appellants Viacom International et al. in case 10-3270 (the Viacom
Appellants) and Appellants in the related case 10-3342 (the Class Appellants) in response to
the Court’s September 27 invitation to the parties to consult with each other with respect to
the configuration of the October 18 oral argument.
Appellants have conferred with Appellees. Appellants propose that oral arguments in the
two related cases be consolidated into a single oral argument (with opening arguments for
Appellants to be followed by an argument of Appellees and then rebuttal arguments of
Appellants, if any) with each party retaining its allotted time (12 minutes for the Viacom
Appellants, 12 minutes for the Class Appellants, and 24 minutes for YouTube). Appellants’
suggestion is in accordance with the approach suggested by Appellees in their previous
motion to consolidate the appeals. Appellees’ Mot. to Consolidate Appeals 6, Oct. 5, 2010,
Case No. 10-3270 Dkt. 42-2.
Appellants believe that given the substantial commonality of the legal issues presented in the
two appeals, consolidation of the oral arguments is appropriate and will assist the Court as it
explores the issues and how they apply to the factual record developed in each case.
Appellees take no position on Appellants’ proposal.

Catherine O’Hagan Wolfe
October 12, 2011
Page 2

Whatever the Court decides with respect to the configuration of the oral argument, the
preparations of all parties would be aided by the earliest possible disposition.
Very truly yours,
/s/ Theodore B. Olson
Theodore B. Olson

Cc: Ms. Deborah Holmes
Case Manager, Clerk’s Office