Authors Guild, Inc. v. Hathitrust
FORM C, on behalf of Appellant Australian Society Of Authors Limited, Australian Society Of Authors Limited, Authors Guild, Inc., Authors League Fund, Inc., Authors' Licensing and Collecting Society, Pat Cummings, Pat Cummins, Erik Grundstrom, Angelo Loukakis, Norsk Faglitteraer Forfatter0OG Oversetterforening, Roxana Robinson, Helge Ronning, Andre Roy, Jack R. Salamanca, James Shapiro, James Shapiro, Daniele Simpson, Danielle Simpson, T.J. Stiles, Sveriges Forfattarforbund, Union Des Ecrivaines Et Des Ecrivains Quebecois, Fay Weldon and Writers' Union of Canada, FILED. Service date 11/27/2012 by CM/ECF. [12-4547]
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C)
3. STAPLE ALL ADDITIONAL PAGES
2. PLEASE TYPE OR PRINT.
1. SEE NOTICE ON REVERSE.
District Court or Agency:
11 Civ. 6351 (HB)
Date the Notice of Appeal was Filed:
HATHITRUST, et al.
District Court Docket No.:
October 12, 2012
- against -
Hon. Harold S. Baer
Date the Order or Judgment Appealed
from was Entered on the Docket:
THE AUTHORS GUILD, INC., et al.,
Southern District of New York
Is this a Cross Appeal?
November 8, 2012
Edward H. Rosenthal (Tel. 212 826-5524; email: email@example.com)
Jeremy S. Goldman (Tel. 212 705-4843; email: firstname.lastname@example.org)
Frankfurt Kumit Klein & Selz, P.C.
488 Madison Avenue
New York, NY 10022
Joseph Petersen (Tel. 212 775-8715; email: JPetersen@kilpatricktownsend.com)
Robert Potter (Tel. 212 775-8733; email: RPotter@kilpatricktownsend.com)
Kirkpatrick Townsend & Stockton LLP
1114 Avenue of the Americas
New York, NY 10036
Approx. Number of
Yes, of oral
Has this matter been before this Circuit previously?
If Yes, provide the following:
Reporter Citation: (i.e., F.3d or Fed. App.)
2d Cir. Docket No.:
ADDENDUM "A": COUNSEL MUST ATTACH TO THIS FORM: (1) A BRIEF, BUT NOT PERFUNCTORY, DESCRIPTION OF THE
NATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COPY OF THE NOTICE OF APPEAL AND A CURRENT COPY OF
THE LOWER COURT DOCKET SHEET; AND (4) A COPY OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FOR
THIS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS.
ADDENDUM "B": COUNSEL MUST ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL,
AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE.
PART A: JURISDICTION
2. Appellate Jurisdiction
1. Federal Jurisdiction
U.S. a party
1 Federal question
(U.S. not a party)
1 Final Decision
Appealable As of Right
Order Certified by District Judge (i.e.,
Fed. R. Civ. P. 54(b))
IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM.
PART B: DISTRICT COURT DISPOSITION
U Default judgment
lack of subj. matter juris.
0 Dismissal/FRCP I2(bX6)
failure to state a claim
u Dismissal/28 U.S.C. § 1915(eX2)
0 Dismissal/28 U.S.C. § I915(e)(2)
— After trial
2. Type of Judgment/Order Appealed
I. Stage of Proceedings
(Check as many as apply)
Judgment / Decision of the Court
PART C: NATURE OF SUIT (Check as many as apply)
1. Federal Statutes
— Freedom of Information Act
Consumer Protection _ Immigration
--J Banks/Banking i Copyright t3 Patent ... Labor
— Other (specify):
4. Prisoner Petitions
u Assault /
.... Products Liability
^ Other (Specify):
• Attorney Disqualification
• Class Action
• Counsel Fees
• Shareholder Derivative
LI Other Specify
u Civil Rights
7. Will appeal raise constitutional issue(s)?
Will appeal raise a matter of first
1. Is any matter relative to this appeal still pending below? IS Yes, specify: Defendants' motion for attorneys' fees
2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency
(A) Arises from substantially the same case or controversy as this appeal?
Involves an issue that is substantially similar or related to an issue in this appeal?
If yes, state whether 0 "A," or 0 "B," or 0 both are applicable, and provide in the spaces below the following information on the other action(s):
The Authors Guild, Inc. v. Google Inc.
Court or Agency:
No. 05 Civ. 8136 (DC)
Name of Appellant:
Signature of Counsel of Record:
NOTICE TO COUNSEL
Once you have filed your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the following
1. Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and file it with the Clerk of the Second Circuit in
accordance with LR 25.1.
2. File the Court of Appeals Transcript Information/Civil Appeal Form (Form D) with the Clerk of the Second Circuit in accordance with LR 25.1.
3. Pay the$455 docketing fee to the United States District Court or the $450 docketing fee to the United States Tax Court unless you are authorized to
prosecute the appeal without payment.
PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS WITHIN 14 DAYS, YOUR APPEAL WILL BE
DISMISSED. SEE LOCAL RULE 12.1.
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