The Authors Guild v. Google, Inc.

Filing 166

ORDER, dated 04/22/2013, permitting parties to submit argument in support of recusal, FILED.[914829] [12-3200] [Entered: 04/22/2013 12:47 PM]

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 22nd day
of April, two thousand thirteen,

The Authors Guild, Inc., Associational Plaintiff,
Betty Miles, Joseph Goulden, and Jim Bouton,
individually and on behalf of all others similarly
situated,
Plaintiffs-Appellees,
v.

ORDER
Docket No. 12-3200

Google, Inc.,
Defendant-Appellant.

Judge Leval wishes to advise the parties as follows:
1. In 2008, Judge Leval attended a conference jointly sponsored and organized by Stanford
Law School and Google Inc. (“Google”) regarding technological advancement and the law. As an
invited participant, the conference covered the costs of Judge Leval’s attendance. Prior to the
conference, Judge Leval communicated with a Google representative regarding the conference.
During the conference, Judge Leval met and chatted briefly with Google representatives involved
in organizing the conference and, along with other conference participants, attended a dinner hosted
by Google on its campus.
2. Judge Leval has been friendly for nearly twenty-five years with William Patry, Esq. For
approximately the last five years, Mr. Patry has been employed as in-house copyright counsel at
Google.
Judge Leval is confident that these circumstances would in no way influence his
consideration of the case and believes they do not give rise to a reasonable basis for questioning his
impartiality. However, if any party wishes to request Judge Leval’s recusal and to submit argument
in support of the request (or to request further information), Judge Leval will give due
reconsideration to the question. Counsel should submit the party’s position by attachment to a letter
addressed to the Clerk of the Court by April 26, 2013, formatted to permit the Clerk to transmit the

attachment to Judge Leval without revealing the identity of the party. Any opposition by an adverse
party may be submitted, using the same procedure and format, within five days thereafter.
The Clerk is directed to transmit any attachment submitted to Judge Leval, without the
covering letter, so as not to reveal to Judge Leval the identity of the submitting party or counsel.

For the Court:

Catherine O’Hagan Wolfe
Clerk of Court

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