The Authors Guild v. Google, Inc.

Filing 146

OPPOSITION TO MOTION to file amended sealed amicus curiae brief [138],to file supplemental appendix [138], on behalf of Appellant Google, Inc., FILED. Service date 03/11/2013 by CM/ECF. [870869][146] [12-3200]--[Edited 03/11/2013 by KG] [Entered: 03/11/2013 02:12 PM]

No. 12-3200

IN THE UNITED STATE 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, Entered on
May 31, 2012, by the United States District Court for the Southern District ofNew
York, No. 1:05-cv-08136 Before the Honorable Denny Chin

DECLARATION IN OPPOSITION TO AMICI MOTION
TO FILE AMENDED AMICUS BRIEF AND
TO SUPPLEMENT THE APPELLATE RECORD
Joseph C. Gratz hereby declares as follows:
1.

I am a partner in the firm of Durie Tangri LLP. I submit this

Declaration in opposition to Amici's motion to file an amended amicus brief and to
supplement the appellate record in the above-captioned matter.
2.

The initial period of document discovery in this case ended in 2007,

after which the parties agreed to cease document production until discovery
resumed in 20 11.

3.

When discovery resumed in 2011, the parties agreed that Google

would not be required to supplement its responses to earlier document requests
from the initial period of document discovery.

I declare under penalty of perjury that the foregoing is true and correct, in
accordance with 28 U.S.C. § 1746.

Executed on March 8, 2013

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