The Authors Guild v. Google, Inc.

Filing 67

CERTIFIED COPY OF ORDER, dated 08/14/2012, disposing of the appeal to SDNY, ISSUED.[Mandate][979344] [12-2402]

MANDATE

S.D.N.Y. - N.Y.C.
05-cv-8136
Chin, J.

United States Court of Appeals
FOR THE

SECOND CIRCUIT

At a stated term of the United States Court of Appeals for the Second
Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl
Street, in the City of New York, on the 14th day of August, two thousand twelve.
Present:

Richard C. Wesley,
Peter W. Hall,
Circuit Judges.*

The Authors Guild, Inc., Associational Plaintiff, et al.,
Plaintiffs-Respondents,
v.

12-2402

Google, Inc.,
Defendant-Petitioner.

Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for
leave to appeal the district court’s order granting Respondents’ motion for class certification. Upon

*

Judge Denny Chin, an original member of this panel, has recused himself from
consideration of this motion. Pursuant to Second Circuit Internal Operating Procedure E(b), the
matter is being decided by the two remaining members of the panel.
SAO-MWV

MANDATE ISSUED ON 07/01/2013

due consideration, it is hereby ORDERED that the petition is GRANTED. See Sumitomo Copper
Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001).

For the Court:
Catherine O’Hagan Wolfe,
Clerk of Court

SAO-MWV

2

MANDATE

UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT

______________________________________________
At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
1st day of July, two thousand and thirteen.
Before: PIERRE N. LEVAL,
JOSÉ A. CABRANES,
BARRINGTON D. PARKER,
Circuit Judges.
_________________________________________________
The Authors Guild, Inc., Associated Plaintiff, Betty Miles,
Joseph Goulden, and Jim Bouton, individually and on behalf
of all others similarly situated,
Appellee,

JUDGMENT
Docket No. 12-3200

v.
Google, Inc.,
Defendant - Appellant.
_________________________________________________
The appeal in the above captioned case from an order of the United States District Court
for the Southern District of New York was argued on the district court's record and the parties'
briefs. Upon consideration thereof,
IT IS HEREBY ORDERED, ADJUDGED and DECREED that the order of the district
court is VACATED, and the case is REMANDED in accordance with the opinion of this court.
For The Court:
Catherine O’Hagan Wolfe,
Clerk of Court

MANDATE ISSUED ON 07/01/2013