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]

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. [phone]; email: [e-mail])
Jeremy S. Goldman (Tel. [phone]; email: [e-mail])
Frankfurt Kumit Klein & Selz, P.C.
488 Madison Avenue
New York, NY 10022
Tel: [phone]
Fax: [phone]

[Plaintiff

DDefendant

Address:

Counsel's Name:

Attorney(s) for
Appeilee(s):

Telephone No.:

Joseph Petersen (Tel. [phone]; email: [e-mail])
Robert Potter (Tel. [phone]; email: [e-mail])
Kirkpatrick Townsend & Stockton LLP
1114 Avenue of the Americas
New York, NY 10036
Tel: [phone]
Fax: [phone]

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.