Authors Guild, Inc. v. Hathitrust

Filing 11

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.[779275] [12-4547]

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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., Judge: Southern District of New York Case Caption: Is this a Cross Appeal? November 8, 2012 Address: Counsel's Name: Attorney(s) for Appellant(s): ri i Dies Telephone No.: No Fax No.: E-mail: Fax No.: E-mail: Edward H. Rosenthal (Tel. 212 826-5524; email: Jeremy S. Goldman (Tel. 212 705-4843; email: Frankfurt Kumit Klein & Selz, P.C. 488 Madison Avenue New York, NY 10022 Tel: 212-980-0120 Fax: 212-593-9175 [Plaintiff DDefendant Address: Counsel's Name: Attorney(s) for Appeilee(s): Telephone No.: Joseph Petersen (Tel. 212 775-8715; email: Robert Potter (Tel. 212 775-8733; email: Kirkpatrick Townsend & Stockton LLP 1114 Avenue of the Americas New York, NY 10036 Tel: 212-775-8700 Fax: 212-775-8800 Plaintiff ZDefendant Number of Exhibits Appended to Transcript: Approx. Number of Transcript Pages: Has Transcript Been Prepared? Yes, of oral arguments 60 Has this matter been before this Circuit previously? EYes I No If Yes, provide the following: Case Name: None 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) Diversity Other (specify): 1 Final Decision Interlocutory Decision Appealable As of Right Order Certified by District Judge (i.e., Fed. R. Civ. P. 54(b)) Other (specify): IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM. PART B: DISTRICT COURT DISPOSITION U Default judgment Dismissal/FRCP 12(b)(1) lack of subj. matter juris. 0 Dismissal/FRCP I2(bX6) failure to state a claim u Dismissal/28 U.S.C. § 1915(eX2) frivolous complaint 0 Dismissal/28 U.S.C. § I915(e)(2) other dismissal Pre-trial During trial — After trial 3. Relief 2. Type of Judgment/Order Appealed I. Stage of Proceedings / (Check as many as apply) Dismissal/other jurisdiction ismissal/merit Judgment / Decision of the Court Summary judgment Declaratory judgment Jury verdict Judgment NOV Directed verdict Other (specify): u Damages: J Injunctions: Sought: S Granted: $ Denied: S Preliminary 1( Permanent i Denied PART C: NATURE OF SUIT (Check as many as apply) 2. Torts 1. Federal Statutes _ — Freedom of Information Act Communications — Antitrust Consumer Protection _ Immigration _ii Bankruptcy --J Banks/Banking i Copyright t3 Patent ... Labor Trademark OSHA Civil Rights _ Securities _ Commerce, _ Election Soc. Security Tax ....., Energy — Environmental — Commodities — Other (specify): 3. Contracts 4. Prisoner Petitions — 5. Other Forfeiture/Penalty Real Property Treaty (specify): Other (specify): u Admiralty/ Maritime u Assault / Defamation la FELA .... Products Liability ^ Other (Specify): 6. General Arbitration • Attorney Disqualification • Class Action • Counsel Fees • Shareholder Derivative Transfer u Admiralty/ — Maritime — Arbitration — Commercial — Employment — Insurance Negotiable struments LI Other Specify u Civil Rights Habeas Corpus Mandamus Parole Vacate Sentence Other 7. Will appeal raise constitutional issue(s)? u Yes / No Will appeal raise a matter of first impression? u No 1 Yes 1. Is any matter relative to this appeal still pending below? IS Yes, specify: Defendants' motion for attorneys' fees 0 No 2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency which: IS No Yes (A) Arises from substantially the same case or controversy as this appeal? El (B) Involves an issue that is substantially similar or related to an issue in this appeal? rA Yes El No 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): Case Name: Docket No. The Authors Guild, Inc. v. Google Inc. Citation: Court or Agency: No. 05 Civ. 8136 (DC) Name of Appellant: N/A Date: 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 important steps: 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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