The Authors Guild v. Google, Inc.
MOTION, to extend time, on behalf of Appellant Google, Inc., FILED. Service date 02/11/2013 by CM/ECF.  [12-3200] [Entered: 02/11/2013 06:17 PM]
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500
MOTION INFORMATION STATEMENT
Caption [use short title]
Extension of time to file appellant's reply brief
The Authors Guild, et al. v. Google Inc.
Set forth below precise, complete statement of relief sought:
Defendant-appellant respectfully requests a 7-day
extension of time, to March 1, 2013, to file a reply brief.
MOVING PARTY: Defendant-Appellant Google Inc.
OPPOSING ATTORNEY: Michael J. Boni
[name of attorney, with firm, address, phone number and e-mail]
w_a_xm_a_n_ _ _ _ _ _ _ _ _ _ __
Court-Judge/Agency appealed from:
Wilmer Cutler Pickering Hale & Dorr LLP
1875 Pennsylvania Ave. NW, Washington DC 20006
15 St. Asaphs Road, Bala Cynwyd, PA 19004
The Hon. Denny Chin, United States District Court for the Southern District of New York (by designation)
Please check appropriate boxes:
FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND
INJUNCTIONS PENDING APPEAL:
Has request for relief been made below?
Has this relief been previously sought in this Court?
DYes 0 No
Requested return date and explanation of emergency:_ _ _ _ _ _ __
Has movant notified opposing counsel (required by Local Rule 27.1):
No (explain): _ _ _ _ _ _ _ _ _ _ _ _ __
Betty Miles, Joseph Goulden, Jim Boutor
Opposing counsel's position on motion:
Unopposed Dopposed 0Don't Know
Does opposing counsel intend to file a response:
No 0Don't Know
Is oral argument on motion requested?
Has argument date of appeal been set?
E) No (requests for oral argument will not necessarily be granted)
No If yes, enter date: _________________________________
~ l '' \ \ 3
Has service been effected?
D No [Attachproofofservice]
IT IS HEREBY ORDERED THAT the motion is GRANTED DENIED.
FOR THE COURT:
CATHERINE O'HAGAN WOLFE, Clerk of Court
IN THE UNITED STATE COURT OF APPEALS
FOR THE SECOND CIRCUIT
THE AUTHORS GUILD, INC., et al.,
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 of New
York, No. 1:05-cv-08136 Before the Honorable Denny Chin
AFFIRMATION IN SUPPORT OF UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF
Seth P. Waxman hereby affirms as follows:
I am a partner in the firm of Wilmer Cutler Pickering Hale and Dorr
LLP. I submit this Affirmation in support of the motion of Defendant-Appellant
Google Inc. (“Google”) for a 7-day extension of time, to March 1, 2013, to file a
reply brief in the above-captioned matter.
In this matter, Google is appealing from the May 31, 2012 decision of
the district court granting Plaintiffs-Appellees’ motion for class certification. On
June 14, 2012 Google petitioned for permission to appeal the district court’s
certification decision. This Court granted Google’s petition on August 14, 2012,
and stayed proceedings in the district court pending the outcome of this appeal on
September 17, 2012. Google filed its brief on November 9, 2012. PlaintiffsAppellees filed their brief on February 8, 2013. If no extension is granted,
Google’s reply brief would be due to be filed by February 22, 2013.
Google has not previously requested an extension of time to file a
Plaintiffs-Appellees do not oppose the requested extension of time.
Google respectfully submits that good cause exists for the modest
extension of time requested for the following reasons:
Currently, undersigned counsel of record is preparing for oral
argument before the Supreme Court of the United States in Bowman v. Monsanto
Co., No. 11-796 on February 19, 2013, and is preparing a reply brief to be filed by
Petitioner in the Supreme Court in Trevino v. Thaler, No. 11-10189 on February
Two sets of parties have indicated they plan to file amicus
briefs in support of Plaintiffs-Appellees. Those briefs are due to be filed February
15, 2013, giving Google only one week to respond in its reply brief to arguments
raised by amici.
I declare that the foregoing is true and correct, in accordance with 28 U.S.C.
Dated: February 11, 2013
Seth P. Waxman
Wilmer Cutler Pickering
Hale and Dorr LLP
1875 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for the United States Court of Appeals for the Ninth Circuit by using the
appellate CM/ECF system on February 11, 2013. All participants in the case are
registered CM/ECF users and will be served by the appellate CM/ECF system.
/s/ Seth P. Waxman
SETH P. WAXMAN
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