The Authors Guild v. Google, Inc.

Filing 184

JUDGMENT MANDATE, ISSUED.[979391] [12-3200] [Entered: 07/01/2013 11:38 AM]

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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 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

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