The Authors Guild v. Google, Inc.

Filing 2

DISTRICT COURT ORDER, dated 06/11/2012, RECEIVED.[691069] [12-3200] [Entered: 08/14/2012 10:36 AM]

Case 1:05-cv-08136-DC Document 1026

Filed 06/11/12 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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The Authors Guild, Inc., Associational Plaintiff,

Betty Miles, Joseph Goulden, and Jim Bouton,

individually and on behalf of all others similarly

situated,

Case No. 05 CV 8136-DC

Plaintiffs,

v.
Google Inc.,
Defendant.

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[PftOPOSEBt ORDER GRANTING

PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

THIS MA ITER HAVING BEEN SUBMITTED TO THE COURT on Plaintiffs'
motion for an Order pursuant to Rule 23 of the Federal Rules of Civil Procedure:
1.

Certifying the following class (Hthe Class"):

All persons residing in the United States who hold a United States
copyright interest in one or more Books reproduced by Google as part of
its Library Project, who are either (a) natural persons who are authors of
such Books or (b) natural persons, family trusts or sole proprietorships
who are heirs, successors in interest or assigns of such authors. "Books"
means each full-length book published in the United States in the English
language and registered with the United States Copyright Office within
three months after its first publication. Excluded from the Class are the
directors, oftlcers and employees of Google; personnel of the departments,
agencies and instrumentalities of the United States Government; and Court
personnel;

Case 1:05-cv-08136-DC Document 1026

2.

Filed 06/11/12 Page 2 of 3

Designating Betty Miles, Joseph Goulden, and Jim Bouton as

Representative Plaintiffs for the Class; and
3.

Appointing Boni & Zack LLC as Lead Counsel, and Milberg LLP

and Kohn, Swift & Graf, PC as Class Counsel.
AND THE COURT HAVING READ AND CONSIDERED all the papers filed in
support of and in opposition to the motion, and finding that the members of the Class are
so numerous that joinder of all members is impracticable, there are questions of law or
fact common to the Class, the claims or defenses of the representative parties are typical
of the claims or defenses of the Class, the representative parties will fairly and adequately
protect the interests of the Class, questions oflaw or fact common to Class members
predominate over any questions affecting only individual members, and a class action is
superior to any other available method for the fair and efficient adjudication of this
controversy,
IT IS HEREBY ORDERED:
1.

The Class is certified, defined as follows:

All persons residing in the United States who hold a United States
copyright interest in one or more Books reproduced by Google as part of
its Library Project, who are either (a) natural persons who are authors of
such Books or (b) natural persons, family trusts or sole proprietorships
who are heirs, successors in interest or assigns of such authors. "Books"
means each full-length book published in the United States in the English
language and registered with the United States Copyright Office within
three months after its first publication. Excluded from the Class are the
directors, officers and employees of Google; personnel of the departments,
agencies and instrumentalities of the United States Government; and Court
personnel;
2. Betty Miles, Joseph Goulden, and Jim Bouton are designated as
Representative Plaintiffs for the Class; and

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Case 1:05-cv-08136-DC Document 1026

Filed 06/11/12 Page 3 of 3

3. Boni & Zack LLC is appointed Lead Counsel~ and Milberg LLP and
Kohn, Swift & Graf, P.c. are appointed Class Counsel.

DATED this - - - - - - dityof

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~Honorable Den~in,
United States C!rcuit Juda.e.

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