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]

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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AMERICAN SOCIETY OF MEDIA
PHOTOGRAPHERS, INC. et al.,
Plaintiffs,
ORDER
- against 10 Civ. 2977 (DC)
GOOGLE

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INC .

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Defendant.
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CHIN, Circuit Judge

The Court has received a series of letters from the
parties addressing several disputes.
letters.

The Court has reviewed the

It is hereby ORDERED as follows:
1)

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

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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.
2)

Plaintiffs noticed depositions of two high

ranking Google executives.

By letter dated January 11, 2013,

Google objects to these deposition notices.
The objection is sustained without prejudice to
noticing the depositions at a later date, for good cause shown.
Plaintiffs shall begin by deposing individuals more directly
involved with the issues in this case, and they may thereafter
notice other, higher-ranking officers only if it appears the
information they would provide would be non-cumulative.
3)

By letter dated February 6, 2013, the parties

jointly seek a two-month extension of the deadline for the close
of fact discovery.
The application is granted, and the schedule is
extended as set forth in a separate scheduling order.
SO ORDERED.
Dated:

New York, New York
February 15, 2013

ates Circuit Judge
Sitting by Designation