The Authors Guild v. Google, Inc.

Filing 116

SUPPLEMENTAL PAPERS TO MOTION, on behalf of Movant The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, Inc., North American Nature Photography Association, Professional Photographers of America, Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback, Leland Bobbe, John Francis Ficara and David W. Moser , FILED. Service date02/20/2013 by CM/ECF.[850527] [12-3200]--[Edited 02/21/2013 by KG] [Entered: 02/20/2013 11:15 AM]

No. 12-3200
IN THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT

THE AUTHORS GUILD, INC., et al.,
Plaintiffs-Appellees,
v.
GOOGLE, INC.,
Defendant-Appellant.

On Appeal from an Order Granting Certification of a Class Action, Dated May 31,
2012, by the United States District Court for the Southern District of New York,
No. 1:05-cv-08136 Before the Honorable Denny Chin

SUPPLEMENTAL DECLARATION IN SUPPORT OF EMERGENCY
MOTION FOR EXTENSION OF TIME TO FILE AMICUS BRIEF

Mark A. Berube hereby declares as follows:
1.

I am a partner in the law firm of Mishcon de Reya NY LLP. I submit

this Supplemental Declaration in support of the emergency motion of Amici Curiae
American Society of Media Photographers, Inc., Graphic Artists Guild, Inc.,
Picture Archive Counsel of America, Inc., North American Nature Photography
Association, Professional Photographers of America, Leif Skoogfors, Al
Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback, Leland

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Bobb, John Francis Ficara and David W. Moser (“Amici Curiae”) for a seven (7)
day extension of time, until February 22, 2013, to file their Amicus brief in the
above-captioned matter.
2.

The Amici Curiae requested the extension to allow the Honorable

Denny Chin to rule upon their request to submit three (3) documents that were
produced by Google to Amici Curiae in the related action American Society of
Media Photographers, Inc., et al. v. Google, Inc., Civ. Action No. 10-CV-2977
(DC) case (“ASMP Action”) and designated as “Confidential” or “Highly
Confidential” pursuant to the Protective Order (Docket No. 68) in that case.
3.

On February 15, 2013, Judge Chin granted the Amici Curiae’s request

in the ASMP Action (“Order”), which states in pertinent part:
By letter dated February 12, 2013, plaintiffs seek permission to submit
documents produced in discovery in this case to the United States
Court of Appeals for the Second Circuit in connection with plaintiffs’
Amicus brief in Authors Guild v. Google Inc., No. 12-3200. By letter
dated February 14, 2013, Google opposes plaintiffs’ application.
Plaintiffs’ application is granted. Plaintiffs may submit the documents
under seal to the Court of Appeals. I am not deciding whether the
documents are properly part of the record in the appeal. I am simply
holding that the documents may be submitted to the Court of Appeals
under seal as part of plaintiffs’ motion to expand the record. To the
extent that Google wishes to submit similar confidential documents
under seal in response, it may do so.

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4.

A true and correct copy of the Order is annexed as Exhibit A.

I declare that the foregoing is true and correct, in accordance with 28 U.S.C.
§ 1746.
Dated: February 20, 2013

Respectfully submitted,
/s/Mark A. Berube
a
Mark A. Berube
MISHCON DE REYA NEW YORK LLP
750 7th Avenue, Floor 26
New York, New York 10019
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Amici Curiae The American
Society of Media Photographers, Inc.,
Graphic Artists Guild, Picture Archive
Council of America, Inc., North American
Nature Photography Association,
Professional Photographers of America,
Leif Skoogfors, Al Satterwhite, Morton
Beebe, Ed Kashi, John Schmelzer, Simms
Taback, Leland Bobbe, John Francis Ficara
and David W. Moser

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