The Football Association Premi v. Youtube, Inc.

Filing 401

LETTER, dated 09/09/2011, 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 09/09/2011 by CM/ECF.[387191] [10-3342]

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

September 9, 2011

Via ECF

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

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: The Football Association Premier League et al. v. Youtube, Inc., No. 10-3342 cv
Dear Ms. Wolfe:
We represent the Football Association Premier League Limited and most of the appellants in this
appeal (“the Appellants”), and previously filed a merits brief on behalf of all appellants. We write
in response to the Court’s order dated September 2, 2011, asking the parties to comment on the
projected dismissal by the NMPA and three other appellants that is the subject of the stipulation
of dismissal with prejudice filed on August 24.
Having asked the NMPA for a copy of the documentation that underlies the stipulation, and
having now received and reviewed it, the Appellants take no position on the projected dismissal.
In so stating, we note that while the proposed stipulation states that it is “with prejudice” as
between its signatories, it is necessarily without any prejudice whatever as regards the rights of
the Appellants.
Very truly yours,

Charles S. Sims
Counsel for Appellants

cc:

Maura Rees, Wilson Sonsini Goodrich & Rosati
David S. Stellings, Lieff Cabreser Heinmann & Bernstein LLP

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