The Football Association Premi v. Youtube, Inc.

Filing 385

LETTER, dated 08/29/2011, on behalf of Appellant Bourne Co., Cal IV Entertainment, LLC, Cherry Lane Music Publishing Company, Inc., Federation Francaise De Tennis, Murbo Music Publishing, Inc., Sin-Drome Records, Ltd., Stage Three Music (US), Inc., The Football Association Premier League Limited, The Music Force LLC, The Music Force Media Group LLC and X-Ray Dog Music, Inc., RECEIVED. Service date 08/29/2011 by CM/ECF.[377327] [10-3342]

Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299

August 29, 2011
Via ECF
Catherine O’Hagan Wolfe
Clerk, United States Court of Appeals for the Second Circuit
U.S. Courthouse
500 Pearl Street
New York, NY 10007
Re:

Charles S. Sims
Member of the Firm
d 212.969.3950
f 212.969.2900
[e-mail]
www.proskauer.com

The Football Association et al. v. Youtube, Inc., No. 10-3342 cv

Dear Ms. Wolfe:
We represent the Football Association and most of the appellants in this appeal, and previously
filed a brief on behalf of all appellants.
On August 18, 2011, the National Music Publishers Association, on behalf of itself and four other
appellants (“the withdrawing appellants”), filed a stipulation seeking dismissal of their appeal,
purportedly pursuant to Rule 42, F.R.A.P. On August 22, the Clerk returned that document as
defectively filed, on the ground that “All Appellants and Appellees participating in the appeal
must sign the stipulation.”
The parties who filed that defective stipulation refiled it again on August 24 (Docket # 376),
unchanged.
Consistent with longstanding practice under Rule 41(a) of the Federal Rules of Civil Procedure,
F.R.A.P. 42 plainly conditions dismissal on either the consent of all parties, or a motion to the
Court. When the withdrawing appellants seek that consent, the remaining appellants will
consider that request promptly.
Very truly yours,

Charles S. Sims
cc:

Counsel for Defendants-Appellees
David S. Stellings, Lieff, Cabreser, Heinmann & Stalling

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